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HomeMy WebLinkAboutBIL 308 Draft 01 2004-2006OFFICE OF THE COUNTY CLERK County of Hawaii Hilo . Hawai`i Introduced By: K. Angel Pilago Date Introduced: August 1, 2006 First Reading: August 1, 2006 Published: N/A REMARKS: August 1, 2006 - Close File due -.to lack of majority.aye votes. Second Reading: To Mayor: Returned: Effective: Published: REMARKS: ROLL CALL VOTE AYES NOES ABS EX Arakaki X Higa X Hoffmann X Holschuh X Ikeda X Isbell X Jacobson X Pilago X Safarik X 3 6 0 0 ROLL CALL VOTE AYES NOES ABS EX Arakaki Higa Hoffmann Holschuh Ikeda Isbell Jacobson Pilago Safarik I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND LEGALITY: DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII Date Approved/Disapproved thi. 20 MAYOR, CO UNTY OF HAWAI `I COUNCIL CHAIRMAN COUNTY CLERK Reference: C-963/PC-100 Ord No.: COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. 308 ORDINANCE TO INITIATE A CHARTER AMENDMENT TO ARTICLE VI, CHAPTER 4, SECTION 6-4.3, HAWAII COUNTY CHARTER (2000), RELATING TO BIFURCATING THE PLANNING COMMISSION INTO AN EAST HAWAII PLANNING COMMISSION AND A WEST HAWAII PLANNING COMMISSION. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. Article VI, Chapter 4, Hawaii County Charter (2000) outlines the organizational component of the Planning Department that consists of a planning director, a planning commission and necessary staff. Section 6-4.3 provides that the Planning Commission shall consist of nine members, one from each council district, who shall be appointed by the Mayor and confirmed by the Council. The Planning Commission is the decision-making body that advises the mayor, the council and the planning director on all planning and land use matters. It also reviews the general plan and amendments thereto, proposed subdivision and zoning ordinances and amendments, and transmits recommendations thereon through the mayor to the council for consideration and action. It is at this initial level of the planning process that citizens are allowed a first opportunity to participate in the process and express concerns, request standing and, if granted, participate in contested case hearings. During the past several years there has been an unprecedented rise of development occurring in council districts 6, 7, 8 and 9. This unprecedented rise in development has also resulted in increased land use applications being considered by the planning commission. For the year 2005, a total of twelve (12) Planning Commission meetings were held in West Hawaii, in which approximately seventy-seven (77) applications specifically involved council districts 6, 7, 8 and 9 (Ka`u, South Kona, North Kona, South Kohala, North Kohala and Kamuela.) Also in the year 2005, a total of eight (8) Planning Commission meetings were held in East Hawaii, at which approximately forty-four (44) applications involving East Hawaii council districts 1, 2, 3, 4 and 5 were considered. Citizens of council districts 6, 7, 8 and 9'believe that due to the alarming rate of growth and development occurring in West Hawaii, these communities would be better served if commission members representing council districts of West Hawaii were based in West Hawaii. A West Hawaii Planning Commission would create an efficient, cost-effective community service for these districts most at risk and impacted by unprecedented growth. A West Hawaii Planning Commission would enable commission members to focus entirely on West Hawaii land use issues and, as members of these districts themselves, are better able to relate to matters that regionally impact their respective council districts throughout the land use decision-making process. SECTION 2. Article VI, Chapter 4, Section 6-4.3, Planning Commission, of the Hawaii County Charter (2000), is amended to read as follows: "Section 6-4.3. Planning Commission. The planning commission shall consist of nine members, one from each council district, who shall be appointed by the mayor and confirmed by the council in the manner prescribed in section 13-4. The nine member planning commission shall be divided into an East Hawaii Planning Commission and a West Hawaii Planning; Commission Council Districts 1 2 3 4 and 5 shall comprise the East Hawaii Planning Commission and Council Districts 6 7 8 and 9 shall comprise the West Hawaii Planning Commission. Each member shall be a legal resident and registered voter of the district [,moo- him that the member represents...." SECTION 3. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included. SECTION 4. 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 effect without the provision or the application, and to this end, the provision of this ordinance are declared severable. SECTION 5. Upon adoption of this ordinance, this council, by appropriate resolution, shall provide that this amendment be submitted to the electorate of Hawaii county for approval at the next 2006 general election. SECTION 6. The charter amendment proposed in this ordinance shall take effect upon its approval by a majority of voters in the 2006 general election. INTRODUCED BY: K. ANGEL PIL GO Hilo 'Hawai'i Date of Introduction: August 1, 2006 Date of 1't Reading: August 1, 2006 Date of 2nd Reading: Date of 3rd Reading: Effective Date: 4FERENCEj Comm. 963