COM 0352.000 2018-2020 - Laserfiche WebLink

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BACKGROUND Chapter 15 of the Hawaii County's General Plan(GP) articulates how Community Development Plans are intended to implement the General Plan with specific actions applicable to specific geographical areas. In the Missler Case the Intermediate Court of Appeals (ICA) agreed with the Circuit Court's findings that the KCDP contained a "detailed scheme" for implementing the General Plan. While some of the provisions in the KCDP are articulated as recommendations, others were interpreted as legally binding on County agencies. Below are excerpts of the Circuit Court's findings regarding the legally binding language of the KCDP. Findings of the Circuit Court upheld by the ICA 64, The Director must inte►pret, apply and enforce all ordinances, statutes, rules and other lara�s pertaining to planning and land use matters in the Coitno� including the General Plan and KCDP, to fidfi.11 the responsibilities as the Chief Planning Officer of the County. Hawaii County Charter§6-7.2(b). 65. The General Plan was adopted as an ordinance by the Hawaii County Council on February 2, 2005. Ordinance No. 05 25. See also, County of Hau,ai`i Charter§3- 15.66. The KCDP wars adopted as an ordinance by the Hcnvai`i County Coamed on September 25, 2008. PLANNING PROCESS FOR PRODUCING AMENDMENT PACKAGE TO THE KCDP Prior to the present amendment package two drafts of edits were undertaken from representatives of the Mayor's Office and a subcommittee of the KCDP Action Committee respectively logged as Correspondence No. 2017-03 and No. 2018-15. Since then the Planning Department has been the lead for re-evaluating the KCDP in order to resolve the issues presented in the Purpose section of this document. After reviewing edits proposed in Correspondence No. 2017-03 and No. 2018-15, the Planning Director determined that only editing the "Policies" containing mandatory language such as, but not limited to "shall" or"will", was not sufficient. The Planning Director recognized that legally binding language existed in pre-policy narratives as well as in statements of"Action". Furthermore, given the inter-related nature of KCDP objectives, policies, and actions, the Planning Director determined that a new scope of work,was needed that would aim to alleviate issues created by certain mandatory language, help ensure amendments to policies were compatible to inter-related policies, actions, and narratives, and make the KCDP more consistent with HCC and Administrative Rules. The method for creating the Amendment Package was to first internally review, evaluate, and edit as necessary, Chapter 4 of the KCDP. The Implementation Matrix of Chapter 5.3 was also reviewed and edited to coincide with edits made to"Actions"contained in Chapter 4. In producing this Amendment Package, the Planning Director also employed a collaborative method by vetting the review and edits with other vested parties(list of collaborators provided in chronology below). Each comment or suggested edit from said parties was then evaluated and considered for either incorporation into the Amendment Package or left out to be considered for the fature