COM 0641.002 2008-2010 - Laserfiche WebLink

Home

A RESOLUTION TO AMEND THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAW AI'I TO INCLUDE PROTOCOLS FOR COUNCIL-INITIATED AMENDMENTS TO THE SUBDIVISION CONTROL CODE AND ZONING CODE OF THE HAW AI'I COUNTY CODE. WHEREAS, the Rules of Procedure and Organization of the Council of the County of Hawai'i was adopted by the Council via Resolution No. 04-09 on December, 1,2008; and WHEREAS, Hawai'i County Charter section 6-7.2, subsection (b), paragraph (I), states: "(b) The director shall be the chief planning officer of the county and the administrative head of the department and shall: (1) Advise the mayor, the windward planning commission, the leeward planning commission and the council on all planning and land use matters."; and WHEREAS, Hawai'i County Charter section 6-7.5, subsection (a), paragraph (3), states: "(a) Both commissions shall: (3) Review proposed subdivision and zoning ordinances and amendments thereto and transmit such ordinances with recommendations thereon through the mayor to the council for consideration and action."; and WHEREAS, these provisions ofthe Hawai'i County Charter require that any Council-initiated amendments to Chapter 23 ofthe Hawai'i County Code, otherwise known as the Subdivision Control Code, be referred to the Planning Director, Windward Planning Commission, and Leeward Planning Commission for their comments and recommendations prior to Council action; and WHEREAS, Hawai'i County Code 1983 (2005 Edition, as amended), section 25-2-43, subsection (b), states in pertinent part: "(b) The council shall refer any proposed council-initiated amendment to this chapter to the director and the commission with requests for their respective comments and recommendations thereon, prior to the tirst reading of any such amendment. The director and the commission shall each submit comments and recommendations on the proposed amendment to the council within one hundred twenty days trom the date that the amendment is transmitted by the council to the director and the commission."; and WHEREAS, section 25-2-43, subsection (b), refers to Council-initiated amendments to Chapter 25 of the Hawai'i County Code, otherwise known as the Zoning Code; and WHEREAS, the Council believes that its Rules should be amended to include clear provisions for the referral of Council-initiated amendments to Hawai'i County Code Chapters 23 and 25 to the Planning Director, Windward Planning Commission, and Leeward Planning Commission; and