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HomeMy WebLinkAboutBIL 281 Draft 02 2002-2004OFFICE. INFORMATION ONLY Meeting: Finance Committee— November 23. 2004 action: Deferred; never taken up again (Draft 2) Re: Bitl 281; Comm. 664 (2002-2004 term) COUNTY OF HAWA.I`I ORDINANCE NO. STATE OF HAWAII BILL NO. 281 (Draft 2) AN ORDINANCE TO INITIATE A CHARTER AMENDMENT TO CHAPTER 4, ARTICLE VI OF THE HAWAII COUNTY CHARTER (2000) RELATING TO THE COMPOSITION OF THE PLANNING COMMISSION AND THE ESTABLISHMENT OF A NEW KONA PLANNING COMMISSION. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Background: Section 4-1(1), Hawaii Revised Statutes, divides the island and county of Hawai'i into nine districts as follows: Puna, South Hilo, North Hilo, Hamakua, North Kohala, South Kohala, North Kona, South Kona, and Ka'u. During the past thirty years, there has been tremendous population growth coupled with rapid physical development throughout the North and South Kona districts. Along with this growth and development, many new and unique economic, social, cultural, and environmental opportunities, pressures and challenges related to planning and land use have arisen. As a result, district residents have expressed an increased desire to participate more directly in the planning and land use decision-making process which directly impacts the quality of life within their communities. Accordingly, they have consistently requested that decision -makers be more familiar with the North and South Kona districts, and that decision- making occur closer to home. SECTION 2. Pur?ose_: To address the unique, local community concerns of North and South Kona residents and the associated impacts stemming from the decisions and recommendations of the existing planning department and commission structure, the Council proposes that Chapter 4, titled "Planning Department," of the County Charter (2000) be amended to provide for the establishment of a new and separate Kona Planning Commission for the districts of North Kona and South Kona. The Kona Planning Commission shall function separately and in addition to a planning commission for the districts of North Kohala, South Kohala, Hamakua, North Hilo, South Hilo, Puna and Ka' u. SECTION 3. Sections 6-4.1, 6-4.2 and 6-4.3 of Chapter 4, Article VI of the Hawai'i County Charter (2000) relating to the organization of the planning department, planning director, and composition of the planning commission are hereby amended to read as follows: "Section 6-4.1. Organization. There shall be a planning department consisting of a planning director, [ ] two planning commissions, one for the districts of North Kona and South Kona hereafter referred to as the Kona Planning Commission, and one for all other districts hereafter referred to as the Hawaii Planning Commission, and the necessary staff for each. Section 6-4.2. Planning Director. The planning director shall be appointed by the mayor, confirmed by the council and may be removed by the mayor. The planning director shall have had a minimum of five years' training and experience in a responsible planning position, or a degree in planning, engineering, architecture, geography or another planning -related field and three years' experience in a responsible planning position. No less than three years' experience shall have been in an administrative capacity. The director shall be the chief planning officer of the county and the administrative head of the department and shall: (a) Advise the mayor, planning [e issia ] commissions and council on all planning and land use matters. (b) Prepare a general plan, implementation plans and any amendments thereto in accordance with section 3-15. (c) Prepare proposed zoning and subdivision ordinances, zoning maps and regulations and any amendments thereto. (d) Review the lists of proposed capital improvements contemplated by agencies of the county and recommend the order of their priority. (e) Administer the subdivision and zoning ordinances and regulations adopted thereunder. (1) Render decisions on proposed subdivision plans pursuant to law. (g) Make recommendations on rezoning applications, special exceptions and other similar requests. (h) Render decisions on proposed variances pursuant to law, except that, if any written objections are made to the planning director's actions under this section, said actions shall be subject to review by the board of appeals in accordance with section 6-10.2, unless otherwise provided by law and this chapter. (i) Perform such other related duties and functions as may be necessary or required pursuant to law and this charter. Section 6-4.3. Planning lCommissien] Commissions. ] There shall be two planning commissions for planning and land use matters in the county as follows: (1) the Kona Planning Commission which shall consist of seven members four from council district 8 and three from council district 7, which shall have jurisdiction for these two districts, and (2) the Hawai'i Planning Commission which shall consist of seven members, one each from the remaining 7 council districts, and which shall have jurisdiction for these remaining districts. Members shall be recommended by the council members from the respective districts, appointed by the mayor, who shall consider such recommendations, and confirmed by the council in the manner prescribed in section 13-4. Each member shall be a legal resident and registered voter of the district which the member represents. In addition, the director of public works and the manager of the department of water supply, or their designated representatives, shall serve as ex -officio members of [the] each commission without power to vote. [The] Each commission shall establish its rules of procedure and, with respect to each of their respective jurisdictions, shall: -2- (a) Advise the mayor, council and the planning director on planning and land use matters pursuant to law and this charter. (b) Review the general plan, its amendments and other plans and modifications thereof and transmit such plans with recommendations thereon through the mayor to the council for consideration and action. (c) 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. (d) Conduct public hearings in every case prior to action on any matter upon which [the] each commission is required by law or this charter to act. Notice of the time and place of the hearing shall be published at least ten days prior to such hearing in at least two daily newspapers of general circulation in the county. (e) Perform such other related duties and functions as may be necessary or required pursuant to law and this charter. SECTION 4. Material to be repealed is bracketed. New material is underscored. SECTION 5. If any portion 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 effect without the provisions of the application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 6. Upon adoption of this proposed ordinance, this council, by a resolution consistent with the requirement prescribed in section 15-2, shall provide that this amendment be submitted to the electors of the county for approval at the next general election on November 2006. SECTION 7. Upon approval of the charter amendment proposed in this ordinance by a majority of voters voting thereon, as duly certified, the provisions of sections 6-4.1, 6-4.2 and 6-4.3 of this ordinance shall take effect at twelve o'clock meridian on the first day of December after the 2006 general election. INTRODUCED BY: uN-Of M R, C Y OIFA WAI`I CO CI MEMBER, , Hawai Date of Introduction: Date of I" Reading: Date of 2" d Reading: Date of 3"' Reading: Effective Date: REFERENCE: Conm. 664.1 -3- UNTY OF HAWAII