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HomeMy WebLinkAboutRES 430 Draft 01 2004-2006 vvww '4L COUNTY OF HAWAII STATE OF HAWAII •••~f~0l~M~,+' RESOLUTION NO. 430 ~6 A RESOLUTION INITIATING AN INTERIM AMENDMENT TO ORDINANCE NO. OS-25, THE COUNTY OF HAWAII GENERAL PLAN, RELATING TO GENERAL PLAN AMENDMENT PROCEDURES. WHEREAS, section 3-15 of the Hawaii County Charter requires the county council to adopt by ordinance a general plan which sets forth the council's policy for long-range comprehensive physical development of the county and, among other things, allows amendments to the general plan to be initiated by the council or the planning director; and WHEREAS, subsection 3-15(c) of the Hawaii County Charter was amended by the voters in the 1979 general election to specifically allow the county council to initiate amendments to the general plan as the legislative branch charged with public policy formulation; and WHEREAS, as part of a comprehensive review process, the county council adopted the Hawaii County General Plan as Ordinance No. OS-25 effective February 9, 2005; and WHEREAS, section 16.2 of Ordinance No. OS-25, the Hawaii County General Plan, sets forth procedures for adopting Interim Amendments to the general plan, in part, as follows: "(1) The County Council may initiate amendments to the General Plan at any time other than during the comprehensive review pursuant to the following procedures: (a) The County Council may, by resolution, direct the Planning Director to conduct a study to determine the feasibility of a proposed amendment. (b) The Planning Director shall have 120 days or a longer period, as may be agreed to by the County Council, to submit a completed feasibility study and recommendation on the County Council's proposal to the Planning Commission for its review and recommendation. If the Planning Director recommends an approval, the Planning Director shall also submit a draft ordinance for consideration and action by the County Council. (c) The Planning Commission shall conduct and complete its public hearings on the proposed amendment within 60 days of receipt of the feasibility study and recommendation from the Planning Director. (d) The Planning Commission shall submit its recommendation on the proposed amendment together with the Planning Director's feasibility study and recommendation to the County Council within 30 days from the close of the hearing. (e) The County Council shall review the proposed amendment in accordance with its rules of practice and procedure. (2) Planning Director (a) The Planning Director may initiate an amendment to the General Plan at any time other than during the comprehensive review. (b) The Planning Director shall conduct a workshop on the proposed amendment prior to submitting it to the Planning Commission. (c) The Planning Director shall submit the proposed amendment to the Planning Commission for its review and recommendation. (d) The Planning Commission shall conduct and complete its public heazing within 60 days from the date of receipt of the proposed amendment. (e) The Planning Commission shall submit its recommendation together with the Planning Director's proposal to the County Council within 30 days from the close of the hearing. (f) The County Council shall review the proposed amendment in accordance with its rules of practice and procedure...." WHEREAS, during a recent planning director-initiated Interim Amendment process, the county council discovered that an "interpretation" of subsection 16.2(2)(f) above does not specifically allow the county council to modify, delete, or add changes to Interim Amendments as the council is explicitly permitted to do in the comprehensive review process of the Hawaii County General Plan; and WHEREAS, in order to clazify this "interpretation," the county council also learned that, if it initiated an Interim Amendment pursuant to subsection 16.2(1) above, the planning director does not have to prepaze a bill for an ordinance if the director does not recommend approval of the amendment following a feasibility study conducted by the director; and WHEREAS, these "interpretations" of the Interim Amendment procedures of the Hawaii County General Plan, as written, fundamentally violate the spirit and intent of the Hawaii County Charter which permits the county council to initiate amendments to the general plan, pursuant to a chazter amendment approved by voters in 1979; and WHEREAS, the Interim Amendment procedures of the Hawaii County General Plan, as written, removes the authority of the legislative branch to reasonably formulate public policy by placing an inordinate amount of authority in the executive branch, whereby the planning director can block acouncil-initiated amendment to which the director does not agree; and WHEREAS, the county council wishes to rectify the imbalance and contradictions in these Interim Amendment procedures by initiating an amendment to Section 16.2 of the Hawaii County General Plan. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it directs the Planning Director to conduct a feasibility study of the attached bill relating to Interim Amendment procedures set forth in Ordinance No. OS-25, which bill is marked as Exhibit "A" and by reference made a part hereof, and to make recommendations to the planning commission who shall make recommendations thereon to the county council. 2 BL' I"f FURT HF,R RESOLVED that the council requests the planning director to study ambiguous provisions, conflicting and contradictory language, and reasonable aspects of titning. B}i IT FURTHER RESOLVED that the council directs the completion of the feasibility study and planning commission public hearing within 60 days from the transmittal date of this resolution to the planning director. BIi I"f FURTHER RESOLVED that the council directs the planning director to also submit a draft bill for an ordinance relating to streamlining of Interim Amendment procedures of the I-Iawai`i County General Plan for consideration and action by the county council within 60 days from the transmittal date of this resolution to the director. }3E IT FURTfIER RESOLVED that the council shall consider said bill for an ordinance following the 60-day review period in order to make modifications, additions, or deletions to the Interim Amendment procedures of the I-fawai`i County General Plan which are within the council's authority as the legislative branch of the County of Hawaii. BE IT FINALLY RESOLVED that the County Clerk is requested to transmit copies of this resolution to Christopher Yuen, Planning Director; the Planning Commission; and Harry Kim, Mayor. Dated at Hawaii, this _ day of , 2006. INTRODUCED BY: COUNCIL ME ER, COUNTY OF AWAI`1 COUNTY COUNCIL ROLL CALL VOTE _ County of IIawai`i nves Noes nBS _ ex Hilo, Hawaii ARAKAKI I IIGA I hereby certify that the foregoing RP,SOLIJl'ION was by IiOFPMANN the volt indicated to the right hereof adopted by the COUNCII, of the I10LSCHUH County of Flawai'i on _ 1KEDA ISBELL AITEST: 1ACOBSON PILAGO SAFARIK Reference: _ C-1021 _ _ _ COUNTY CLERK CFIAIRMAN & PRF,S[DING OFFICER RESOLU7lON NO. `4`30 ~6 3 ~v or y~_ COUNTY OF HAWAII w.` STATE OFHAWAI`l A 'ij~ ~~N~,i~ BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING THE COUNTY OF HAWAII GENERAL PLAN, AS ADOPTED BY ORDINANCE NO. OS-25, RELATING TO INTERIM AMENDMENTS BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose and FindinQS. The County of Hawaii General Plan is the policy document for the long-range comprehensive physical development of the Island of Hawaii. Under the Hawaii County Charter and the General Plan, the county council is the final decision- making body relating to the adoption of public policy for the County of Hawaii. More specifically, subsection 3-15(c) of the Hawaii County Charter was amended by voters in the 1979 general election to allow the county council to initiate General Plan amendments as the legislative branch of County government charged with public policy formulation. However, the county council finds that current General Plan amendment procedures may interfere with, if not prevent, the effectiveness and timeliness of its decision-making authority by vesting an inordinate amount of authority in the executive branch. For example, during its recent review of interim amendments to the General Plan initiated by the County planning director, the county council was advised that subsection 16.2(2)(f) of the General Plan, which provides that "[t]he County Council shall review the proposed amendment in accordance with its rules of practice and procedure," was interpreted by the executive branch to prohibit the council from modifying, deleting, or adding changes to the director-initiated interim amendments as it is expressly authorized to do during a comprehensive review of the General Plan. Such an "interpretation" fundamentally violates the spirit and intent of subsection 3-15(c) of the Hawaii County Charter, which was approved by charter amendment by the voters of Hawaii County, to specifically provide that "Amendments to the general plan may be initiated by the council or the planning director." EXHIBIT A Other examples of the inefficient nature of current General Plan amendment procedures relating to council-initiated interim amendments include, but are not limited to, the following: • Upon initiation of an interim amendment by the county council, the planning director is given 120 days in which to complete a study on the feasibility of the proposed amendment and forward such feasibility study and a recommendation to the planning commission for its review and recommendation. • Upon receipt of the planning director's feasibility study and recommendation, the planning commission is given 60 days in which to conduct public hearings, and an additional 30 days after the close of the public heazings in which to submit its recommendation to the county council. This procedure, as outlined in subsection 16-2(1) of the General Plan, provides a minimum 210-day time period (approximately seven months) between the time that the county council initiates an interim amendment to the General Plan and the time that such proposed amendment is returned to the council for legislative action. The county council finds that the unduly lengthy process obstructs its ability to initiate timely proposals to amend the General Plan in response to changing public concerns and physical development of Hawaii Island. This unduly lengthy process may also create situations wherein the council that initiates an interim General Plan amendment may not be able to take legislative action on it before the expiration of the current two-year council term and, as a result, continuity in public policy formulation is lost. The proposed amendments to subsections 16-2(I) and 16-2(2) of the General Plan, as contained herein, are intended to streamline the current procedures for interim amendments to the General Plan initiated by the county council and the planning director, while still allowing adequate time for the planning director and planning commission to provide their recommendations as required by the Hawaii County Charter and the Hawaii County Code. SECTION 2. Section 16.2, Interim Amendments, of the County of Hawaii General Plan, as adopted by Ordinance No. OS-25, is amended to read as follows: "16.2 INTERIM AMENDMENTS ~1) ~T~' «..:I «].:...e v_ e«a...ew......6o no«o_ 1 Dl^.. . «.e ,.tl,o.. ~i.,.« ,1.... ~l,e .ol.o«..;.,o . «r r.. rL.e Tl.e /`....«F.. !`,...«,.:1 1... ..o..«l..ti..« .J:.a..r rl.e Dl..««:«.. rl:..o..r..~ M «.1....~ ....t...J.. F...l„~,.«..:«e ?6e fe....a.: Gr....f « ..vA 2 (b\ Tl.n Dln««:«,. ri:..ent,._ nl.nll t,n..e i ~n a.,,r~ t,,.,..n_ «n_:,.a r n nea t,. 1.., a.e ~....«t.. /~,.v«..:1 t,, n„hrr,:t .a nnl a,. al,n Dln««:«,. r,..,...,.:....:,.« r ..:a~ ~ «a propv~ax ~czivz-zamxxa6c . _ . ° .nl Q,e Dln««:«,. Tl:~enb.. ..l.nll nl..., ..,,1...,;r a_na ,._a:«n«nn F 'a a « 1....he r..,,«a., r,...«na (1.\ Tl,n Dln««:«,. nn: ..I, nll ,.,,«a..,.t „«a «I nan :an Y .l,l:n .1, a a a •ttin« ~o a., .,f «a ,.r ic-m~m'6S-vii-m°c=prvpoS°co-Csm°c-mzcn°cin~rtx is v o.y~ v :e.,°,:t„ t6 F '1.'1'a.. na.. a., n«a n«a nti..« F«..«. a6o Dln««:«.. I~irE6tvF /a\ Tl,.. Dln««:«.. l~..«...,:nn:n« nl,nll ..,,1.«,:a :t.. ~ o«a„f:,,Y,_,.« aL,n ' xccroivrxn7-stag]-i~mc"rcvoxiixixc°-rnzaRVmvi~.c° c^v o. :v~ 2!1 an.... al.n nl....e ..F al,o L,en.:«., /n\ Tl.n l~.. «a., f'.. :1 nl,nll e o , rl.o oa a ' t, ~ lnn ,.F«.n,.t:,.e n«a nna..rn County Council (a) The Countv Council may initiate at anv time, by resolution, a proposed amendment to the General Plan. (b) Upon such initiation, the Countv Council shall forward copies of its resolution to the Planning Director and Planning Commission and shall request their respective review and recommendations on each proposed amendment. (c) The Planning Director and Planning Commission shall complete their respective review of each proposed amendment and shall forward their recommendations to the County Council within 90 days of receipt of the Countv Council's request for review and recommendations or a longer period as may be agreed upon by the County Council. The Planning Director shall also submit a drafr ordinance for consideration and action by the County Council. (dl Afrer such 90-day or longer period as may be agreed upon, the County Council shall commence proceedings for action on each proposed amendment in accordance with its rules of practice and procedure, taking into consideration anv recommendations that have been received from the Planning Director and Planning Commission. The Countv Council may adopt the changes proposed including anv modifications, deletions, or additions deemed necessary by the Countv Council. (2) Planning Director (a) fTl.n Dln««:«,. n:_n,.a,.. ....,,r :.,:ti.,to e«a.,,e«t t„ tl,o r_o„o,.~l LDIn« na n v tir«u ,.41. n.. a{,n« a„r:«~ hMu vu~,u«a.: vu n /L.\ Tl.n Din««:«,. Tl:~nnan« L,nll ....«a..,.t n ...L~l,,.« rl,o «.,,«„~oa 3 \ Tl, Dl..««:«n il:«nnt..« ..1...11 n..l.«.:t tl,n no.l n o..~l..,o..t ~t6u /.l\ Tl, Dl /`,.....,.:nn:..« ..L...11 «A..n4 n«A n ..l e4u :4n ..,,lnl:,. hcm •:1~7~-nvi[riixc¢iss°c-of-«r°cn..°.: ~.:.~.f j.:~Y~~e'~ (e\ Tl, Dl..««:«.. l~.....,...:nn:..« nl,nll n..l.«.:! :!n «n a«.]n4:.,,, 4.. nN.n r:tl. Dln Tl:« r4..n°a nl tr 41... «4 u ahy r ,.:1 ...:4t,:« zn ,gyn.... F .t,n nlnnn ..FlL,n >,on.:.,n /!1 Tl, l~,...«n:l nl,nll . 41,n « nn.i n e«.1.«o«r ..«.~1 n.,.. i.r.'~.i..'~....... ..:l1, :rn ....Inn ..F««....l:,.,, n«A nn.7..«0,l The Planning Director may initiate an JJamendment to the General Plan at any time. (bl The Planning Director may conduct a workshop on the proposed amendment prior to submitting it to the Planning Commission. (c) The Planning Director shall submit the proposed amendment to the Planning Commission for its review and recommendation. (dl The Planning Commission shall conduct a hearing and forward its recommendation on the proposed amendment to the County Council within 60 days of receipt of the proposed amendment, or a longer period as may be agreed upon by the County Council. (e) After such 60-day or longer period as may be agreed upon, the County Council shall commence proceedings for action on each proposed amendment in accordance with its rules of practice and procedure taking into consideration any recommendations that have been received from the Planning Director and Planning Commission. (f) The County Council may adopt the changes proposed by the Planning Director and Planning Commission, including any modifications deletions, or additions deemed necessary by the County Council. (3) General Public (a) Consistent with the County Charter, a member of the public may submit an application requesting the Planning Director to initiate an amendment to the General Plan at any time other than during the comprehensive review. (b) The application shall include: (i) A filing fee of $500.00 to cover the administrative cost of processing the application; (ii) A statement of the nature of the proposed amendment; (iii) A draft of the language of the proposed amendment; (iv) 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 the General Plan; and (v) Maps, graphs, plot plan, and other supportive information. 4 (c) Upon receipt of a properly filed and completed application, the Planning Director shall have 120 days to take one of the following actions: (i) Reject the application for an amendment; or (ii) Initiate an amendment to the General Plan. (d) Should the Planning Director initiate an amendment, the Planning Director shall then transmit the proposed amendment to the Planning Commission for its review and recommendation. (e) The Planning Commission shall conduct and complete its public hearings on the proposed amendment within 60 days of receipt of the proposal from the Planning Director. (f) The Planning Commission shall submit its recommendation on the proposed amendment to the County Council within 30 days from the close of the hearing. (g) The County Council shall review the proposed amendment in accordance with its rules of practice and procedure. (h) In the event that the Planning Director rejects an application for an amendment, the applicant may request the County Council to initiate an amendment on its behalf. (i) In the event that an application is denied by the County Council, the same or a substantially similar application may not be submitted for consideration within one year following such denial, unless the applicant submits significant new data or additional reasons that the Planning Director may find to be a sufficient basis for the application to be considered." SECTION 3. Applicability. The amendatory provisions of this ordinance shall govern the procedure for amendment of the general plan notwithstanding any contrary or inconsistent provision within or without the general plan, and any such existing contrary or inconsistent provision is hereby suspended by the provisions of this ordinance. SECTION 4. 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 5. Material to be repealed is bracketed. New material is underscored. In re-printing this ordinance or the general plan, the brackets, bracketed material and underscoring need not be included. 5 SECTION 6. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of IS` Reading: Date of 2"d Reading: Effective Date: 6