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Home My WebLink AboutBIL 372 Draft 01 2002-2004OFFICE INFORMATION ONLY Meeting: Planning Committee -December 20, 2004 (2B9f'Y`t6H2•term) Action: "Laid on the table"; never taken up again. Re: Bill 372; Comm. 858(4-0 95'- term) t>L-X.x COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. 372 AN ORDINANCE AMENDING CHAPTER 16, HAWAPI COUNTY CODE, 1983 (1995 EDITION) RELATING TO GENERAL PLAN AMENDMENT PROCEDURES. [3['; IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI' 1: SECTION 1. Purpose. Section 3-15, Hawaii County Charter, states "[A]mendments to the General Plan may be initiated by the Council or the Planning Director." Moreover, the General Plan is the "Council's policy for long-range comprehensive physical development of the County." Under the comprehensive review procedures, Ordinance No. 89-142, as amended, reads: [T]he Council shall review the Planning Commission's recommendation and act on the Planning Director's proposals. The Council shall request the Planning Director to consider its specific modifications to any proposed amendment or to initiate a new proposed amendment. Within 60 days of the request, the Planning Director shall forward to the Planning Commission either a recommendation for a denial, modification to a proposed amendment or shall initiate the new proposed amendment. This procedure may be interpreted to permit only the planning director to initiate amendments during a comprehensive review. Such an interpretation would conflict with the Hawaii County Charter and would Flagrantly disregard the General Plan as the Council's planning policy document. The Council finds that there is a need to remove any uncertainty in the procedure process. Moreover, this bill (1) allows the Planning Director to initiate an amendment, or the general public to request an amendment, at any time during the comprehensive review; (2) sets forth a timeframe for conducting comprehensive and interim reviews; and (3) requires landowner notification when an area is proposed for redesignation to Open, Conservation or Agriculture. The intent of these amendments is to provide a sense of fairness during the comprehensive and interim review processes. SECTION 2. Chapter 16, Hawai'i County Code, 1983 (1995 Edition), entitled Planning, is amended to read as follows: "CHAPTER 16. PLANNING. Article 1. Definitions. Section 16-1. Definitions. "Council" means the Hawaii County council. "Commission" means the Hawaii County planning commission. "Director" means the Hawaii County planning director. Article 2. General Plan. Section 116-1.1 16-2. The County of Hawaii general plan. (a) That certain planning code known and designated as "County of Hawai'i general plan," as adopted on December 5, 1971, by the council of the County of Hawaii, is hereby adopted by reference, subject to later amendments by ordinance, and may be cited as the "general plan." (b) A copy of the general plan and amendments shall be available for public inspection at the planning department. Section 16-3. Comprehensive review; ¢eneral Dian amendment procedures. (a) The council shall, by resolution, determine on ten-year intervals after the date of adoption of the comprehensive amendments whether the general plan and land use pattern allocations should be comprehensively reviewed. The determination shall be made after consultation with and advice from the director. (b) Within 30 days of the council's determination to proceed, the director shall give notice of the comprehensive review to the commission and the general public. The notice shall state; (1) The general scope of review; (2) The ability for the council, commission, and the general public to provide comments and suggestions to the director; and (3) The schedule of events and time for completion of the review period, (c) The council, commission, andeg neral public shall be given 90 days to comment. (d) Within 180 days, the director may propose amendments and shall conduct public workshops on the amendments. The public workshops shall be conducted within 90 days. (e) The public shall be afforded 60 days from the last workshop to provide comments to the director. (f) Within 60 days, the director may then initiate proposed amendments to the general plan and shall submit the amendments to the commission for its review and recommendations. (g) The commission shall conduct and complete its public hearings on the proposed amendments to the general plan within 90 days from the date of receipt of the proposed amendments. (h) The commission shall submit its recommendation to the council together with the director's proposal within 60 days from the close of the final public hearing. The commission shall recommend approval of the director's proposal, in whole or in part, recommend changes,or recommend rejection of the director's proposed amendments to the general plan. (i) Che council shall review the amendments submitted by the director and the recommendation of the commission. The council may adopt the changes proposed by the director and commission, or may make modifications, deletions, or additions (initiations) deemed necessary y the council. (j) The council or the director may initiate, or theeg neral public may request, a general plan amendment during the comprehensive review, provided the director and commission are consulted for recommendations on the initiated amendment. Section 16-4. Interim amendments; council initiated. (a) __ The council may, by resolution, direct the director to conduct a study to determine the feasibility of a proposed amendment. (_b) The director shall have 120 days, or longer as may be agreed to by the council, to submit a completed feasibility study, draft ordinance, and recommendation on the council's proposal to the commission for its review and recommendation. (cl The commission shall conduct and complete its public hearing on the proposed amendment within 60 days of receipt of the director's feasibility study, draft ordinance and recommendation. No later than 90 days after receipt of the director's feasibility, draft ordinance and recommendation, the commission shall submit its recommendation on the proposed amendment together with the director's feasibility study, draft ordinance and recommendation to the council. (e) The council shall review and act upon the proposed amendment in accordance with its rules of practice and procedure. Section 16-5. Interim amendments; planning director initiated. (a) The director may initiate an amendment to the general plan. (b) The director shall conduct a workshop on the proposed amendment prior to submitting i� t to the commission. (c) The director shall submit the proposed amendment to the commission for its review and recommendation. (d) The commission shall conduct and complete its public hearing on the proposed amendment within 60 days of receipt of the director's proposed amendment. (e) No later than 90 days after receipt of the director's proposed amendment, the commission shall submit its recommendation together with the director's proposed amendment to the council. (I) The council shall review and act upon the proposed amendment in accordance with its rules of practice and procedure. Section 16-6. Interim amendments; general public. (a) Consistent with the Hawaii Countv Charter, a member of the nublic may submit an application requesting the director to initiate an amendment to theeg neral plan. (b) The application shall include: A filing fee of $500.00 to cover the administrative cost of processing the application; (2) A statement of the nature of the proposed amendment; (3) A draft of the language of the proposed amendment; (4) A statement of the reasons for granting the proposed change, supported by a written, documented assessment of the relationships of the proposed change with pertinent elements of theeg neral plan; and (5) Maps, graphs, plot plan, and other supportive information. (c) Upon receipt of a properly filed and completed application, the director shall have 120 day to take one of the following actions: U Decline to initiate the requested amendment to theeg neral plan; or (2) Initiate an amendment to the general plan. (c) Should the director initiate an amendment, the director shall transmit the proposed amendment to the commission for its review and recommendation. (d]_ ._ The commission shall conduct and complete its public hearing on the proposed amendment within 60 days of receipt of the proposal from the director. (_e] No later than 90 days after receipt of the director's proposed amendment, the commission shall submit its recommendation on the proposed amendment to the council. (f) The council shall review and act upon the proposed amendment in accordance with its rules of practice and procedure. (g) In the event that the director declines to initiate an amendment pursuant to an application for an amendment, the applicant may request the council to initiate an amendment on its behalf. (1) The council may, by resolution, initiate the amendment by directing the director to prepare the draft ordinance for review by the commission. The draft ordinance shall be prepared and submitted to the commission within 30 days from the date of resolution adoption. (2) The commission shall conduct and complete its public hearing in accordance with subsection (d) and (e) above. Ll In the event that the council does not initiate a general plan amendment pursuant to a request, the same or a substantially similar application or request may not be submitted for consideration, unless the applicant submits significantly new data or additional reasons that the director may find to be a sufficient basis for the application to be considered Section 16-7. Property owner notification. (a) Unless an amendment is requested by the property owner(s), the property owners) shall be notified of a proposed comprehensive or interim amendment by the director, commission or council (or its committee) that would redesignate the owner's property to Open, Conservation, or Agriculture. (� The written notice shall be sent to the property owner(s) not less than 21 days before the first workshop, hearing or meetingon n theproposed amendment, as the case may be. Lc) The written notice shall: State the nature of the proposed amendment. (2) Provide the date, time and place of the workshop, hearing, or meeting. The director, commission or council (or its committee) initiating or suggestingproposed amendment shall be responsible for the written notification." SECTION 3. 'The subject Ordinance No. shall supersede corresponding contrary and conflicting provisions of Ordinance No. 89-142, as amended. SECTION 4. Material to be deleted is bracketed/crossed out. Material to be added is underscored. SECTION 5. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 6. This Ordinance shall take effect upon its approval. 1101 V tZS] 9l QN 0111.11V • 1 U MEMB, CO 'Ty OF HAWAII Hawaii Date of Introduction: Date of I" Reading: Date of 2"s Reading: Effective Date: l:r:(�iV:..c: �.omn. 858