HomeMy WebLinkAboutCOM 0939.045 2022-2024HEATHER L. KIMBALL
COUNCIL CHAIR
Council District I (North .Hilo,
Him5hia, and portion of Waimea)
Phone: (808) 961-8828
Fax: (808) 961-8912
Email: Healhei-.KiniballC�ihcii,i)aiicoiii7ii),,eoi�
HAWAVI COUNTY COUNCIL
25 A upuni Street, Ste. 1402.
Hilo, Hawai'i 96720
DATE: November 8, 2024
TO: Members of the Hawaii County Council
FROM: Heather L. Kimball, Council Chair
Council District I n F-
SUBJECT: Proposed Amendments to Bill No. 181, Draft 2; An Ordinance Amending Chapter
16, Article I of the Hawaii County Code 1983 (2016 Edition, as Amended),
Relating to the General Plan.
Transmitted herewith are proposed amendments to Bill No. 181, Draft 2. The proposed
amendments are shown below in Ramseyer format with respect to the contents of Bill No. 181,
Draft 2; material to be deleted is bracketed and stricken, and material to be inserted is
underscored.
1. SECTION I of Bill No. 181, Draft 2, which amends chapter 16, article 1, section 16-1 of the
Hawaii County Code 1983 (2016 Edition, as amended), is amended by amending subsection
(c) and designating certain paragraphs thereof as new subsections (d) and (e) as follows:
"(c) Comprehensive review and update[-.]-, initiation by director.
(1) [The] Within ten years of the adoption of the general plan, the planning
director shall initiate a comprehensive review of the general plan and prepare
an updated general plan [for- independent feview by the windwafd and leew
planning eemmissions then adoption followed by the County eatineil. T-
eampfebensive feview shall be initia4ed not mefe than ten yeafs aftef the
of adoption of the previous genefal plan and stibtnitted to the County eottnei4
not ffiefe than thifteen yeafs aftef the date of adeption of the -..efal
plan. if the updated genefal plan is not adopted within thi - 11--.7 the
plaiining dir-eeter- shall pf ovide quaftefly fepefts to the County eouneil an t
sta4tts of the eampfeliensii—e-e- pfeeess. if the updated genefal plan is flet
adepted within fifteen yeafs, the planning dir-eetof shall feinitiffte the
eompfehensil- .-v.-,, ffeeess.].
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Ref. To:
Hawai'i County is an Equal Opportunity Provider and Employer ED
Ref. Date NOV - 8 2024
(2) The planning director shall give notice of the comprehensive review and
general plan update to the County council, windward and leeward planning
commissions, and the general public. The notice shall state:
(A) The general scope of review;
(B) The opportunity for the County council, windward and leeward planning
commissions, and the general public to provide their comments and
suggestions to the planning director; and
(C) The initiation date, general sequence and timing of events, and [ti-me]
expected date for completion of the review and general plan update
period.
(3) The planning director shall provide in writing, to the County council the status
of any duty or action that the planning director or either planning commission
failed to perform as prescribed by this section. If the general plan update fails
to proceed in a timely manner, the County council may require regular status
reports from the planning director and may impose other deadlines and
requirements necessary to fairly, transparently and expeditiously move an
updated general plan to the planning commissions.
(d) Comprehensive review and update, process.
(1) An updated general plan bill shall include amendments or modifications to the
existing general plan or may be presented as a new general plan.
[(�}] Q [The] Upon notice from the planning director of the comprehensive
review, County council shall have one hundred and twenty days after the
initial notice under subsection (c), paragraph (2), of this [subsection] section
to propose updates based on the previous general plan by resolution.
[{�}] �D The planning director shall conduct public workshops on updates to the
general plan proposed by the planning director and by the County council.
[(-S)] (4) The public shall be afforded twenty-one days from the date of the last
public workshop to provide comments to the planning director.
(5) The planning director shall notify a property owner of proposed changes in the
updated general plan that would redesignate its property to open or
conservation, unless the property is already designated conservation by the
State land use commission. Notice shall be given not less than twenty
days before the first windward or leeward planning commission hearing on
the general plan bill.
(e) Comprehensive review and update; planning commission review.
[( ] (D The planning director shall [then] submit a [draft genera' plan pfepos�a
gene a! plan and the draft general plan, and a fepaft on any County eetineil
within sixty days after the publie deadline to submit eommefAs to the pla....*...
difeetof=] comprehensive review packet to the windward and leeward planning
commissions for their independent review and separate recommendations
containing:
(A) A general plan bill proposed by the planning director;
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(B) A summary of the changes between the current )Zeneral plan and the
general plan bill-, and
(C) A report on any County council and public recommendations.
[(7) The planning dir-eeter- shall notify a pfepefty awnef of proposed ehanges4R4he
upda4ed gener-al plan that would redesignate its pfopefty to apeft a
eensetYeAion, unless the pfope— is alfeady designated eenser-vation by I
State land use --.. mission.:Nlattee sliall be iven not less than twei4y one
days bef6fe the fifst windwafd of leev�,ar-d plamning eommission heafing on
the proposed amendffiefft-.]
[(8)] Q The windward and leeward planning commissions shall conduct and
complete their independent review of the [fit] general plan[fl hn and shall
both submit their separate recommendations[,] to the planning director within
one hundred and fifty days from the date of receipt of the [dfaft] general plan
bill from the planning director.
[(-9)] (D The windward and leeward planning commissions shall each
recommend approval of the [dfaft] general plan[fl hU in whole or in part,
[and] recommend M amendments to the draft, or recommend the rejection of
the [dmft] general plan[-.] bill. If either fails to act on the draft general plan
within the required period, it shall be deemed a negative recommendation
from that planning commission only.
[( -0)] (4) Substantive amendments to the [draft] general plan bill [posed]
recommended by either planning commission shall be reviewed by the
planning director. The planning director's [feeefnmenda4ions] comments on
the planning commission's recommendations of substantive amendments shall
be provided to the County council along with the recommendations on the
draft general plan as a whole. For the purposes of this section, a recommended
amendment shall be considered substantive if:
(A) It alters any of the main provisions of the general plan by adding,
removing, or modifying key sections or clauses;
(B) It changes the scope of the general plan by expanding or narrowing the
applicability of the general plan as law;
(C) It changes implementation mechanisms by modifying how the general
plan will be implemented or enforced; [of]
(D) It impacts financial aspects of the general plan by changing funding,
costs, or budgetary implications[-.], or
(E) It is a map amendment which changes the land use designation of a
parcel.
Comprehensive review and update; action by council.
(1) Within sixty days of receiving the recommendations from both planning
commissions, the planning director shall submit to the County council the
following:
(A) The general plan bill;
(B) The recommendations of each planning commission; and
(C) Any comments of the planning director on the substantive amendments
recommended by either planning commission.
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[(44)] Q The County council shall review the [dfa7ft] general plan[,] bill the
separate recommendations of the windward and leeward planning
commissions, and any recommendations for substantive amendments from the
windward and leeward planning commissions.
The County council may [adopt the amendmen4s to the dfaft genefal pla
pfoposed by the windwafd and leewafd planning . . �-�] make any
non -substantive modifications, deletions, or additions[-.] to the general plan
bill.
� The County council [shall have sixty days ffem feeeipt of the dr-a
genefal plan and feeaffiffiendalions from both p! i iSSiEfflS tO
propose] may propose substantive amendments to the general plan[-.] hn
including any amendment recommended by either planning commission,
[(A) The GeufAy eauneil shall pfopose any s4stantive amendments] by resolution.
(5) The planning director shall have sixty days to review and submit a
recommendation on the proposed amendments to the windward and leeward
planning commissions for their independent review and separate
recommendations.
[(G)] ffi Each planning commission shall consider the proposed amendments
and shall make their separate recommendations on the proposed amendments
to the County council within sixty days from their receipt of the planning
director's recommendation.
[(D)] (D If either planning commission fails to act within the required period on
any amendment, it shall be deemed a negative recommendation from that
planning commission only.
[(E)] M The County council may adopt any amendments to the draft general
plan that have been reviewed by the planning director and windward and
leeward planning commissions, including any non -substantive modifications,
deletions, or additions deemed necessary by the County council."
2. SECTION I of Bill No. 181, Draft 2, which amends chapter 16, article 1, section 16-1 of the
Hawaii County Code 1983 (2016 Edition, as amended), is amended by redesignating
subsections (d) and (e) as subsections (g) and (h), respectively.
3. SECTION 4 of Bill 181, Draft 2, is amended to read as follows:
"SECTION 4. This ordinance shall take effect upon [its approval:] the repeal of
Ordinance No. 05-25."
Due to the limited scope of these proposed amendments, a copy of the new draft of this
bill that would result if these amendments were adopted is not included.
HLK:dbk
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