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Home My WebLink AboutRES 430 Draft 02 2004-2006 ~p~M(V or y~ V; •C:- r COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. Q~~ (Draft 2) 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 hearing within 60 days from the date of receipt of the proposed amendment. (e) The Plazming Commission shall submit its recommendation together with the Planning Director's proposal to the County Council within 30 days from the close of the heazing. (f) The County Council shall review the proposed amendment in accordance with its rules of practice and procedure...." WHEREAS, the county council wishes to rectify the ambiguities and wishes to have a more efficient process 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. BE IT FURTHER RESOLVED that the council requests the planning director to study ambiguous provisions, conflicting and contradictory language, and reasonable aspects of timing. BE 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. BE IT 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 Hawaii County General Plan for consideration and action by the county council within 60 days from the transmittal date of this resolution to the director. BE IT FURTHER 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 Hawaii County General Plan which aze within the council's authority as the legislative branch of the County of Hawaii. 2 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 Hilo , Hawaii, this 23rd day of August , 2006. INTRODUCED BY: CIL MEM , COUNTY O AI`I COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX H110, HaWal`1 ARAKAKI HIGA I hereby certify that the foregoing RESOLUTION was by HOFFMANN the vote indicated to the right hereof adopted by the COUNCIL of the HOLSCHUH County of Hawaii on Au~ric} 9j~ 9006 IKEDA X ISBELL X ATTEST: JACOBSON PILAGO SAFARIK ""'~6~ Reference: C-1021,6/Council CofW COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 4uQ 3 rr or ll. COUNTY OF HAWAII ~r°• STATE OF HAWAII 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. 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 additiona130 days after the close of the public hearings in which to submit its recommendation to the county council. EXHIBIT A This procedure, as outlined in subsection 16-2(1) ofthe 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(1) 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) fTl,,, 1~,...«a. !`,...«,.:1 :«:a:..a,. .....e«,l...e«a.. a.. al,e re«e.,,l DI.,« . ti«,e ..rho« ah..« ,l«. ahe ehe «a a.. aho a.n,....:«,. « wa..«e... The !`,...«a.. !`,...«,.:1 h.. «e ..l..r:.... .l:.a.,r rho Dl~««:«.. rl:.o..r... r.. ,.,.«.1....r „ ..r...J., r,. ,7,.a,,..«:«e ahe F ....:I.:I:r....F « ..e.l ~H~ /hh Th.. D1.,««:«,. n:«,,,,a..« .,1.,,11 h.,..o 17l1 .J...,~ ~ 1..«..e« «o«:..A e h,... ..,.A a.. ahe !`,...«r.. /~,,..«..;1 a.. m.t,m:4 «1mo.l F ~:ha:r.. ..r..,l.. ,.«,l . e«A„r:..« aho /'....«r., r«..«~:1~~ ...I ah,. Dl..««:«.. P:«e.,r..« ..h..ll .,1..« ...,h...:r .1..,R ....1:«.,«..o f «..:,7.....a:,.« ,.,.r:..« h., the !`..,.«a.. !`....«..:I (E\ Th.. Dl..««:«,. f~,.«, ..1..,11 A...,r .,«A «loao :a.. «..hG., he..«: the « ..oA e«A«.ew .,.:rh:« art A,,......F «e.. e:«a ..F the F ,,..:ha:a.. „a,,,l....«.J a«.J„a:..« F...«. the Dl„««:«.. Tl:« ,.a.. vxic°ccvi: !.1\ Tho Dl.,««:«.. ..h..ll ..,,1,.„:a :rte . o..A ~a;..« ahe s F ....:ha:a....a.. A.. ,.«A . e«.l.,a; r.. the !'.»,«a., !''..,,«..:1 ..,:rh:« Zn ,1..... F ahe .,I,...,, ,.F rho ho.,.:«.. (e\ The /`....«a., !'..,,«.,:1 ,.h,.ll e ahe « o.] o..A.«o«r .,,,,.,.«,1.,«„~ ...:ah :a.. «..1 e....F ««.,.,a:..o .,..A .......oA.,.o l 2 1 County Council (a) The Countv Council may initiate at anv time, by resolution, a proposed amendment to the General Plan. fib) Upon such initiation, the County 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. ~ The Planning Director and Planning Commission shall complete their respective review of each proposed amendment and shall forward their recommendations to the Countv 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 Countv Council. The Planning Director shall also submit a draft ordinance for consideration and action by the County Council. (d) After such 90-day or longer period as may be a rg eed 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. (e) The County Council may adopt the changes proposed including anv modifications, deletions, or additions deemed necessazv by the County Council. (2) Planning Director /d\ fTl,n DIn«..:.... il: vn..4.... «:4: non n n...7.., n.,h 4.. 41,n !'_n..n.nl / Dln« .,a n 4:.«n n41,n« R,n« .7....;«.. 41,n n ..n6n«n:..e /1.\ Tl,n Oln««:«.. Tl:..nn4nw ..1. nll n «,7„n4 n n«I.nl,n« n« kl,n nn.i «.~.....«4 ~ 4n m,l~m:+ti«n :4 4« 4},n Dln««:«n /~~,mm:na:nn '~~I ~ Tl:..nn4n~ 1. 11 n 1. '4 41,n a .7...n«4 4n 4L,n C ~ -i$Faxni~nxrcc[m Sxxcar~m~cim--cnc=prvpo~°cv-iaixcmxnic~xx cv~ric /,l\ Tl,n DL.««:«,. l~n.,.,.,.:nn:n« nl,nll n A,.n4 n«.7 n «I non :4n ,...l.l:n 1,nn~:«,. ,..:41,:« ~!1 .7 n..n C 41,n ,7n4n nF «nnn:«4 nF 41,n « nn.] Ce\ Tl.n Dln««:«.. !`n«. «.:nn:n« ..L. nll n..l.«.:4 :4n «n n«.~nti n« ..n4)•,n~ .,.:41. 41,n Dl..««:«.. Tl:..n..4n~>n « nnl 4n 41,n !'n„«4a. /'~,...«n:l ..n41,:« Z!1 ,7 n..., F<n«. 41.n nlnnn nF 41,n l,nn«:.... /Fl Tl.n !'`n..«4., f`n....n:l ..l.nll «n..: n... 41,n «.n«nnn.J n..,n«~r«n«4 nnn..,..ln«nn Y Y ..:41, :4n ...,lnn nF «..n,.4: ,.n n«A « nnA„«n 1 The Planning Director may initiate an amendment to the General Plan at any time. (b) The Planning Director may conduct a workshop on the proposed amendment prior to submitting it to the Planning Commission. (cl The Planning Director shall submit the proposed amendment to the Planning Commission for its review and recommendation. (d) The Planning Commission shall conduct a hearing and forwazd 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. 3 (e) After such 60-day or loneer period as may be a rg eed upon, the Countv Council shall commence proceedinss for action on each proposed amendment in accordance with its rules of practice and procedure takine into consideration any recommendations that have been received from the Planning Director and Planning Commission. (~1 The County Council may adopt the changes proposed by the Plannin¢ Director and Planning Commission, including any modifications, deletions, or additions deemed necessary by the Countv 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 infonnation. (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." 4 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. SECTION 6. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of ls` Reading: Date of 2"d Reading: Effective Date: 5