HomeMy WebLinkAboutCOM 0181.000 2006-2008 MtY o•
Harry Kim W'~ Dixie Kaetsu
Mayor ~ Mnnnging Director
Barbara Kossow
• ~~or M'~ Deputy Managing Director
County of Hawaii
25 Aupuni Street, Room 215 • Hilo, Hawaii 967204252 (808) 9615211 Fax (808) 9616553
KONA: 75-5706 Kuakini Highway, Sui[e 103 • Kailua-Kona, Hawaii 96740
(808) 329-5226 • Fax (808) 3265663
r
February 1, 2007 _ ,
Honorable Pete Hoffinann, Chairman
1
and Members of the County Council
County of Hawaii
333 Kilauea Avenue F--~
Hilo, HI 96720
r~;
Dear Chairman Hoffinann and Members:
?County Council Initiated
Review and Comment on a Draft Ordinance
Regarding the General Plan Amendment Procedure
County Council Initiated
Draft Ordinance Amending Chapter 25 (Zoning Code) of the
Hawaii County Code 1983 (2005 Edition, as amended) Relating to a
New University (UNV) District
Change of Zone Application (REZ 06-000055)
Initiator: Planning Director
Request: Agricultural 1-acre (A-la) to Open (O)
Tax Map Key: 7-1-5:9 and 7-1-7:44-47
As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the
County Council's consideration and action are the Planning Commission's letters and enclosures
regarding the above-referenced requests.
Sincerely,
Harry Kim
Mayor
Enclosures I ~ I
cc: Planning Department Comm. No.
Ref. To: C/
Rrf "ota FEB 0 0 ~nn~
~v w_
s••~O
County of Hawaii
PLANNING CONIl1-IISSION
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720
Phone (808)961-8288 • Fax (808)961-8742
February 1, 2007
r....
Pete Hoffrnann, Chairman ~ ; "
and Members of the County Council
County of Hawaii
333 Kilauea Avenue, 2"a Floor
Hilo, HI 96720 ~ -
Dear Chairman Hoffinann and Council Members:
Initiator: County Council
Review and Comment on a Draft Ordinance
ReQardingthe General Plan Amendment Procedure
The Planning Commission at its meeting of Januazy 19, 2007, reviewed and acted on the
County Council's request for review and comment on a draft ordinance regarding the
General Plan amendment procedures as set forth in Resolution No. 430 06. The
Commission voted to send a denial recommendation to the County Council for the
reasons set forth below:
The Planning Director has reviewed the entire procedure and recommends
that the Hawaii County Council adopt a modified version of the draft bill that is
attached to Resolution 430-06, which has been prepazed by the Planning Director.
After review of the draft bill attached to Resolution 430-06, the Planning Director
does not recommend favorably adopting the bill attached to Resolution 430-06 as
it is. The time frame is too short for council-initiated General Plan amendments
and the Council's right to modify amendments aze too open-ended once they
reach the Council for action. The Planning Director's draft bill makes other
changes in the General Plan amendment procedures that will allow for clarity and
simplicity.
The following is a summary of the proposed changes drafted by the
Planning Director of Section 16 of the General Plan (Amendment Procedures):
Hawaii County is an Equal Opportunity Provider and Employer
Pete Hoffinann, Chairman
and Members of the County Council
Page 2
• Under Section 16:1 (Comprehensive Review), a proposed change makes it
clear that ten (10) yeazs after the adoption of the previous comprehensive
review, which currently is February of 2005, the Planning Director must
send a new set of comprehensive amendments to the Council. Thus, the
entire comprehensive review process, except for County Council action,
must be completed by February of 2015. The Planning Director will have
to work backwards to schedule all the necessary events.
• It is recommended the phrase "close of public hearing" be eliminated in
reference to the Planning Commission. The Planning Commission will be
given a set time frame to act on the Planning Director's recommendations
and will allow public testimony to be heard whenever items are on the
agenda.
• The Council can propose amendments at the beginning of the
comprehensive review process, by resolution. The Planning Director will
set a deadline for such amendment, which must be not less than 120 days
after the initial announcement that the comprehensive review has begun.
Thus, the Council can submit any proposed amendments early in the
process, but cannot do interim amendments during the comprehensive
review otherwise. The comprehensive review should result in a package
of amendments that go through the process together, rather than having
various amendments dribble in during the process. This allows the
Council to be involved early, but without bringing in amendments
constantly during the comprehensive review.
• It will allow the Council to make modifications when the amendments
reach them, but any changes that create a new amendment will be required
to go through the same process as an interim amendment. The Council
would have some flexibility to amend the language of proposed changes,
but the County Charter requires that the Planning Director and the
Planning Commission review all proposed General Plan amendments.
This is found in the County Charter under Section 6-4.2(b) for the
Planning Director, and under Section 6-4.3(c) for the Planning
Commission. The types of changes that constitute a new amendment are
listed in the proposed ordinance. This is not a comprehensive list, but it is
meant to give examples of what would constitute a new amendment. An
analysis will have to be done on a case-by-case basis if changes are
proposed at the Council to determine if the changes aze creating a new
amendment.
• The proposed amendment would eliminate the deadline for the Council to
act on the comprehensive review, which is currently 120 days. At this
time, it is not clear what happens if the Council doesn't act prior to the
deadline. For this reason, if there are no consequences, there is no reason
Pete Hoffinann, Chairman
and Members of the County Council
Page 3
to state a deadline. On the other hand, we do not want to have a deadline
if it may have the legal effect of invalidating the entire process if the
Council cannot make decision within the set time frame.
• Under Section 16:2 (Interim Amendments), the proposed amendment
would give the Planning Director 60 days to make a recommendation to
the Planning Commission, and give the Planning Commission another 60
days to make a recommendation to the Council. This shortens that amount
of time that is currently allowed, which is 120 days for the Planning
Director's recommendation, plus 60 days for the Planning Commission to
close the hearing and another 30 days for the Planning Commission to
send the recommendation to the Council. The amended time should be
adequate. The Planning Director hesitates to have shorter time frame,
because General Plan amendments can be very significant and should be
cazefully considered. The process needs time for at least two Planning
Commission hearings on the subject. This proposed time frame is less
than the time allowed for rezoning amendments, which currently allows
the Planning Director 120 days and the Planning Commission 60 days.
The process will not have to utilize the full time frame if the Planning
Commission acts on the matter after the two Planning Commission
hearings.
Based on the above review as required by Resolution 430-06, the Commission is
recommending that the County Council deny the proposed amendments as set forth in
Resolution No. 430 06. The Planning Director's proposed draft bill to the General Plan
amendment procedures is currently being heard before the Commission. The next
hearing date is scheduled on February 2, 2007, at the Commission's meeting in Hilo.
Enclosed for your information is the Planning Director's Background and
Recommendation Report and Revised Recommendation Report.
Sincerely,
William Graham, Chairman
Planning Commission
Icounrycoun cildraftGPamendproc
cc: Lincoln Ashida, Esq.
Ivan Torigoe, Esq.
Planning Department-Kona
BRAmendGenPlanProcedures.jwd 10-19-06
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND AND RECOMMENDATION
COUNTY COUNCIL INITIATED INTERIM AMENDMENT
TO ORDINANCE NO.OS-25, THE COUNTY OF HAWAII GENERAL PLAN,
RELATING TO GENERAL PLAN AMENDMENT PROCEDURES
BACKGROUND
On August 23, 2006, the Hawaii County Council passed a resolution (Resolution 430-06,
Draft 2) expressing concerns about the procedures for council-initiated General Plan
interim amendments. The resolution requests that the Planning Director study ambiguous
provisions, conflicting and contradictory language and reasonable aspects of timing
regarding the procedures. Along with the resolution, the Council added a draft
amendment of Section 16-2 (Interim Amendments) of Ordinance OS-25, which is
attached as Exhibit A. The drag amendment is being forwarded to the Planning
Commission to change this process. The Council wanted to shorten the time frame for
the Planning Director and the Planning Commission's review ofcouncil-initiated General
Plan interim amendments. (Planning Department Exhibit 1 -Resolution 430-06 with
Exhibit A Attachment)
The amendment procedures aze part of Chapter 16 of the General Plan, so this ordinance
actually amends the General Plan itself. (Planning Department Exhibit 2- Section 16
of the General Plan) Essentially, the ordinance proposed by the resolution would make
the following changes:
• Under the current procedure, it could take up to 210 days from the time the
Council passes a resolution asking for an interim amendment, to the time the
Council receives the recommendation back from the Planning Commission. The
proposed ordinance will shorten the time frame for the Planning Director and
Planning Commission to review interim amendments proposed by the Council. It
will require the Planning Director and the Planning Commission to have a
maximum of 90 days, or a longer period if agreed upon by the Council, to
consider and make a recommendation for council-initiated General Plan interim
amendments.
• It will provide that the Council can initiate interim amendments at any time.
Currently, it is at any time other than during the comprehensive review.
• Lastly, it will provide that the Council can make modifications to interim
amendments proposed by the Planning Director. Currently, the language
expressly says modifications by the Council aze made only during the
comprehensive review.
There are some other minor changes, such as changing the terminology of what the
Planning Director does in the interim amendment process from a "feasibility study" to a
"recommendation".
RECOMMENDATION
The Planning Director has reviewed the entire procedure and recommends that the
Hawaii County Council adopt a modified version of the draft bill that is attached to
Resolution 430-06, which has been prepazed by the Planning Director. After review of
the draft bill attached to Resolution 430-06, the Planning Director does not recommend
favorably adopting the bill attached to Resolution 430-06 as it is. The time frame is too
short for council-initiated General Plan amendments and the Council's right to modify
amendments are too open-ended once they reach the Council for action. The Planning
Director's draft bill makes other changes in the General Plan amendment procedures that
will allow for clarity and simplicity. (Planning Department Exhibit 3 -Planning
Director's Draft Bill of General Plan Amendment Procedures-Ramseyer Version
and Clean Copy)
The following is a summary of the proposed changes drafted by the Planning Director of
Section 16 of the General Plan (Amendment Procedures):
• Under Section 16:1 (Comprehensive Review), a proposed change makes it cleaz
that ten (10) years after the adoption of the previous comprehensive review,
which currently is February of 2005, the Planning Director must send a new set of
comprehensive amendments to the Council. Thus, the entire comprehensive
review process, except for County Council action, must be completed by February
of 2015. The Planning Director will have to work backwards to schedule all the
necessary events.
• It is recommended the phrase "close of public hearing" be eliminated in reference
to the Planning Commission. The Planning Commission will be given a set time
frame to act on the Planning Director's recommendations and will allow public
testimony to be heard whenever items are on the agenda.
• The Council can propose amendments at the beginning of the comprehensive
review process, by resolution. The Planning Director will set a deadline for such
amendment, which must be not less than 120 days after the initial announcement
that the comprehensive review has begun. Thus, the Council can submit any
proposed amendments eazly in the process, but cannot do interim amendments
during the comprehensive review otherwise. The comprehensive review should
result in a package of amendments that go through the process together, rather
than having various amendments dribble in during the process. This allows the
Council to be involved eazly, but without bringing in amendments constantly
during the comprehensive review.
• It will allow the Council to make modifications when the amendments reach
them, but any changes that creates a new amendment will be required to go
through the same process as an interim amendment. The Council would have
some flexibility to amend the language of proposed changes, but the County
Charter requires that the Planning Director and the Planning Commission review
all proposed General Plan amendments. This is found in the County Charter
under Section 6-4.2(b) for the Planning Director, and under Section 6-4.3(c) for
the Planning Commission. The types of changes that constitute a new amendment
are listed in the proposed ordinance. This is not a comprehensive list, but it is
meant to give examples of what would constitute a new amendment. An analysis
will have to be done on a case-by-case basis if changes aze proposed at the
Council to determine if the changes aze creating a new amendment.
• The proposed amendment would eliminate the deadline for the Council to act on
the comprehensive review, which is currently 120 days. At this time, it is not
cleaz what happens if the Council doesn't act prior to the deadline. For this
reason, if there are no consequences, there is no reason to state a deadline. On the
other hand, we do not want to have a deadline if it may have the legal effect of
invalidating the entire process if the Council cannot make decision within the set
time frame.
• Under Section 16:2 (Interim Amendments), the proposed amendment would give
the Planning Director 60 days to make a recommendation to the Planning
Commission, and give the Planning Commission another 60 days to make a
recommendation to the Council. This shortens that amount of time that is
currently allowed, which is 120 days for the Planning Director's recommendation,
plus 60 days for the Planning Commission to close the hearing and another 30
days for the Planning Commission to send the recommendation to the Council.
The amended time should be adequate. The Planning Director hesitates to have
shorter time frame, because General Plan amendments can be very significant and
should be cazefully considered. The process needs time for at least two Planning
Commission hearings on the subject. This proposed time frame is less than the
time allowed for rezoning amendments, which currently allows the Plauning
Director 120 days and the Planning Commission 60 days. The process will not
have to utilize the full time frame if the Planning Commission acts on the matter
after the two Planning Commission hearings.
Based on the above review as required by Resolution 430-06, the Planning Director is
recommending that the Planning Commission send a favorable recommendation to accept
the draft amendment of Section 16 of Ordinance OS-25, as proposed by the Planning
Director, to the Hawaii County Council.
• MtY Oi M
COUNTY OF HAWAII VV~:• STATE OF HAWAII
RESOLUTION NO. a
(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 chazged with public policy formulation; and
WHEREAS, as pazt 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 heazing.
(e) The County Council shall review the proposed amendment in
accordance with its rules of practice and procedure.
Planning Dept.
Exhibit ___1•
(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 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, 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 heazing 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 are 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
Hilo, Hawaii ARAKAKI X
HIGA
1 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 Hawai `i on An(3iict__~
,Z. 7Q.Q a1
[KEDA X
ISBELL X
ATTEST: JACOBSON
PILAGO
A f~ ~ _ SAFARIK X
7~ '~~'(/~1I1
/~•''!I Reference: C-1021,6/Council CofW
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 'E46~si~ ~-1
3
,,.+,o. w'w,
s'•~,:
COUNTY OF HAWAII STATE OF HAWAII
h~Oi~M~•`
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 Findings. 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 forwazd 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 heaiings in which to submit its recommendation to the county
council.
EXHIBIT A
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(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 asrequired 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.e !`,...«r.. !',...«,.:I «:r:,.~e a«A«..e«r.. r,. rl.,, !'_,........,.1 Dl..« ..r
L . ti«.e ,.~l.e.. ~1,,.« ,7..«:«.. 41.e «el.e....:..e « «r r,. rl.e
The !`,...«r.. !',...«,.:I h.. « ..,.l..r:,.« A:«e,.r r6e Dl„««:«,. P:«o,.r,.«
>
«,1..,.r ....r..,l.. r,. ,1 ere««.:«e the f ,,,.a.a:r.. ,.F ..vA
,._.,1~..,..r
/1.\ The DL.««:«,. Tl:«e,.r,.« ..h.,ll 1..,..e 7'1!1 ,1,,.... I,. ,.,1
l.e eva 1... rl.o r,...«,.:i r,.....i..«:r «l,.rea
F ~:1.:1:r., ..r..,l.. ,.«A « e«A„r: the !',...«r. !'~,..,«,.:1
....1 r,. the Dh.««:«,. f «:r.. «A
e
F ..:Ae«„r: ,.«A .,,.r:,.« h.. the (',...«r.. l~,... «,.:1
(E~-~13C2-Di~uxingzonmdS~ioix 6xia ii co~icccci "fi"r" ~rS-p«`c}~oliic
ccc-i~
h,...««,... the « ..o,l ~ 0«,1.«e«r ...:rh:« Gn ,1,...,. ,.C «,.,.e:«r ,.F
the F «:L.:l: r. ..r,.,7.. ,.«,1 « e«,l.,r: rl.e Dl..««:«..
1~1rBEtAr:
/,l\ The D1.,««:«,. l~,...... ,.1...11 ....1.«..;r :r.. « «,l,.ti,.« the
,.e,l «,7«.e«r r,.,.orho« .,.:rh rho Dl„««:«,. P:«e,.r,.«>~
Y«
Fe,...: h:1: r.. ~r,.,i. ,.«,7 « o«,l.,r;,.« r,. the !`,...«r.. r,...«,.;1 ..,:rh:«
2!1 ,1....,. rho ..1 ,.F rh,. 1, e,.«:«..
(e\ The nom.,«r.. !',...«,.:1 ..h.,ll «e rho « ..o,] ~ e«,l.,,e«~
County Council
(a) The Countv Council may initiate at anv time, by resolution, a
nrouosed amendment to the General Plan. _
(b) Upon such initiation, the County Council shall forward conies of its
resolution to the Planning Director and Planning Commission and
shall request their respective review and recommendations on each
proposed amendment.
(cl The Planning Director and Planning Commission shall complete
their respective review of each proposed amendment and shall
forwazd their recommendations to the County Council within 90
davs of receipt of the County 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 Countv Council.
After 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.
(e) The Countv Council may adopt the changes proposed including anv
modifications, deletions, or additions deemed necessazv by the
Countv Council.
(2) Planning Director
(a) [
Dl.,« ..a „ a:.,.,e ,.al,e« al,.,« .7.,«:«.. al,e „ «,.l.e«..:..e «e.
(E) Tl,e Dl,.««:«.. Tl:«e..r..« ..1,,,11 ..,.1,„.,:a ai,e « ..,,,1 ,.«,J...e«a a.. al.~,
7 l.e,.«: al,:« ~!1 .7,...., F....., al,e .7,.te ..F «....,.:..a ..F fl,e « ~,.7
~2~rnez-1m«-m«'ni"~vinaTriB.~c' oirorl'a"sii-S¢oxniaczi:ria°.cvnmxoriQ¢s'xoix
a....eal, ~«...:al, al,e Dl.,««:«.. P:«e..a..,-~,. ....1 a,. t6.. !'..««a.,
(`,.««..:1 tl,:« 2!1 .i,..... F....... al,e ..1....0 ..F al,., 1..,.,«:«..
e.
/Fl Tl,,. l~,.,,«a.. l~,...«.,:1 ..L,.,II «e al,.. e«,1.,.,` :t ,.«.a.;.~
The Planning Director may initiate an amendment to the General
Plan at anv time.
(b) The Planning Director may conduct a workshop on the proposed
amendmentprior 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 a hearing and forward its
recommendation on the proposed amendment to the Countv Council
within 60 days of receipt of the proposed amendment, or a longer
period as may be a
rg eed upon by the County Council.
(e) After such 60-day or longer period as ma~greed 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.
(fl The County Council may adopt the changes proposed by the
Planning Director and Planning Commission, including anv
modifications, deletions, or additions deemed necessarv 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.
(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
Comrission 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 contraryor 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 15~ Reading:
Date of 2"d Reading:
Effective Date:
MENDMENT PROCEDURES
16.1 COMPREHENSIVE REVIEW
(1) The Planning Director shall initiate a comprehensive review of the General Plan every
ten years after the initial date of adoption of the General Plan and the date of adoption
of subsequent amendments resulting from a comprehensive review.
(2) The Planning Director shall give notice of the comprehensive review to the County
Council, Planning Commission, and the general public. The notice shall state:
(a) The general scope of review;
(b) The ability for the County Council, Planning Commission, and the general public
to provide their comments and suggestions to the Planning Director; and
(c) The initiation date, schedule of events, and time for completion of the review
period.
(3) Upon completion of the review period, the Planning Director shall conduct public
workshops on the proposed amendments.
(4) The public shall be afforded 60 days from the date of the last public workshop to
provide comments to the Planning Director.
(5) The Planning Director may then initiate proposed amendments to the General Plan and
shall submit the amendments to the Planning Commission for its review and
recommendation within 60 days after the public deadline to submit comments to the
Planning Director.
(6) The Planning Director shall notify a property owner of a proposed amendment that
would redesignate its property to Open or Conservation, unless the property is already
designated Conservation by the State land Use Commission. If the Planning Director
originally initiates the redesignation, then a notice shall be sent not less than 21 days
before the first Planning Commission hearing on the proposed amendment. If the
Planning Commission suggests the proposal, the property owner shall be notified of
the Planning Director's decision to initiate it not less than 21 days before the County
Council's first reading. If initiated by the County Council, the property owner shall be
notified not less than 21 days before the County Council's fast reading.
(7) The Planning 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.
Hawaii County General Plan : is-~
Planning Dept.
Exhibit Z
§16.2: Interim Amendments
(8) The Planning Commission shall submit its recommendation to the County Council
together with the Planning Director's proposal within 60 days from the close of the
public hearing. The Planning Commission shall recommend approval of the
Planning Director's proposal, in whole or in part, recommend changes, or
recommend the rejection of the proposal for changes to the General Plan.
(9) The County Council shall review the amendments submitted by the Planning
Director and the recommendation of the Planning Commission. 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. The County Council shall render a decision
within 120 days of receipt of the proposed amendments.
16.2 INTERIM AMENDMENTS
(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.
1s-2 Hawaii County General Plan
§16.2: Interim Amendments
(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 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.
(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.
(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
Hawaii County General Plan ts.~
§16.3: Rules And Regulations
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.
~6.3 RULES AND REGULATIONS. The Planning Director and the Planning
Commission shall promulgate rules and regulations to implement the amendment pro-
cedures.
ts-a : Hawaii County General Plan
M<v os x!y
8,:~'~.:
COUNTY OF HAWAII STATE OF HAWAII
Oi~X~~'
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING THE HAWAII COUNTY GENERAI. PLAN, AS
ADOPTED BY ORDINANCE NO. OS 25, RELATING TO GENERAL PLAN
AMENDMENT PROCEDURES
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Pumose. The purpose of this ordinance is in accordance with
Section 3-15, Hawaii County Charter, and Section 16.2 Interim Amendments, County of
Hawaii General Plan adopted by Ordinance No. OS 25. Specifically, the amendment is
to streamline the current amendment procedures 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 16.1, Comprehensive Review, of the County of Hawaii
General Plan, as adopted by Ordinance No. OS 25, is amended to read as follows:
"16.1 COMPREHENSNE REVIEW
(1) The Planning Director shall initiate a comprehensive review of the General Plan
and prepare a set of recommended amendments for review by the Plannin¢
Commission and adoption by the County Council. The recommended
amendments shall be submitted to the County Council °a°~
subset-text] not more than ten years after the date of adoption of the previous
amendments resulting from a comprehensive review.
(2) The Planning Director shall give notice of the comprehensive review to the
County Council, Planning Commission, and the general public. The notice shall
state:
(a) The general scope of review;
(b) The ability for the County Council, Planning Commission, and the general
public to provide their comments and suggestions to the Planning Director;
and
Planning Dept.
Exhibit 3
(c) The initiation date, [ssHedxle] general sequence of events, and time for
completion of the review period.
(3) The Planning Director shall establish a deadline for Council-initiated
amendments during the comprehensive review which shall be not less than
120 days after the initial notice under section 16.1(2). The County Council
may initiate such amendments by resolution.
~ i r«°« °r}>,° pe^°d-:>~] The Planning Director shall
conduct public workshops on ('n'~~° ~~~«°^ed] amendments proposed by the
Planning Director and by the County Council.
[(4}]~ The public shall be afforded [H9) 21 days from the date of the last public
workshop to provide comments to the Planning Director.
[(3j] ~ The Planning Director shall then
] submit the amendments proposed by the Planning
Director and by the County Council to the Planning Commission for its review
and recommendation within [60] 30 days after the public deadline to submit
comments to the Planning Director. The Planning Director shall make a
recommendation on any Council-initiated amendments.
~7 The Planning Director shall notify a property owner of a proposed
amendment that would redesignate its property to Open or Conservation, unless
the property is already designated Conservation by the State land Use
Commission. [ ,
a] Notice shall be (serif] ig
yen not less than 21 days before the first Planning
Commission hearing on the proposed amendment. [
a.vmxo~nvrzeo.raxcm-sTaso:yu-ovro~'ro'-axxv cocss.ci.j c a.
~ The Planning Commission shall conduct and complete its [perks-hea~gs]
review on the proposed amendments to the General Plan, and shall submit its
recommendations, within [J8] 150 days from the date of receipt of the proposed
~~{{~~~~amppe~~ndments from the Planning Director.
l J
b a r r
t°..., ,.c}t.°...ar.,. The Planning Commission shall recommend approval
of the [ ]proposed amendments, in whole or in par[,
recommend changes, or recommend the rejection of the proposal for changes to
the General Plan. If the Planning Commission fails to act on a proposed
amendment within the required period, it shall be deemed a negative
recommendation.
~ The County Council shall review the amendments submitted [b3F-the
leg-Bigester] and the recommendation of the Planning Commission and
adopt an amended General Plan. [Tl.°''.,..°'°''^,•«°:' ^a°°' ,.w°«,.°°
~ , ...........~.,~.,.,w..~
The County Council may make modifications,
deletions or additions to the proposed amendments as it may deem
necessary in accordance with its rules of procedure, but any chance which
constitutes a new General Plan amendment, such as an amendment which
adds or deletes a goal policy, or course of action, or standard, or a map
amendment which changes a designation of land, shall follow the procedure
for Interim Amendments."
SECTION 3. 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) The County Council may initiate interim amendments to the General Plan at any
time e, xcent during the comprehensive review pursuant to the
following procedures:
(a) The County Council may, by resolution, [a~«°~"'-° D'°°^~~^ r''«°c.......
ovn~vLUa.Tco-,?ctoin
[i.c~°c t.':.°. F ~ efl request the Planning
Director and Planning Commission to review and make a
recommendation on a proposed amendment.
(b) The Planning Director shall have [~1-29] 60 days or a longer period, as maybe
agreed to by the County Council, to submit a [ ]
recommendation on the [ter-^...eil's] proposal to the Planning
Commission for its review and recommendation. [
a• r ~a a 1...,1.° C~;:.....l~,...«..;1.] The
Planning Director's recommendation may include suggested changes
consistent with the general intent of the proposed amendment, and the
Planning Director shall, if requested by County Council, prepare a draft
ordinance to implement the proposed amendment.
(c) The Planning Director shall notify a property owner of a proposed
amendment that would redesignate its property to Open or Conservation,
unless the property is already designated Conservation by the State land
Use Commission. Notice shall be given not less than 21 days before the
first Planning Commission hearing on the proposed amendment.
[(c)] ~ The Planning Commission shall [
lzeai~ngs-ea] consider the proposed amendment ~n a........r«°,.°;... °c
] at no
less than two meetings, and shall make its recommendation on the
proposed amendment to the County Council within 60 days from its
receipt of the Planning Director's recommendation.
[(d)1 !e2 [
,i .1..,°«t 4....°N.°«...:tl, al,° Dl°...,:.,.. il;«°,.r..«~~ £ °°:1.:1:... ~,..,i..
...D_-.-__ .._~_______~____a.__..___.
A A t' kL.., ('....«t.. (~........:1 ...:ai.:« zn A,...,. R.,.... al.° ..1....° ..F
*'*'-s] The Planning Commission shall conduct and complete its
review on the proposed amendments to the General Plan, and shall
submit its recommendations, within 60 days from the date of receipt of
the proposed amendments.
~(e)] ~ ]Tl. r r '1 1...11 .w°.._„«,.n°a n °«a.,,°.,+_;« ° ^,.an«,.,.
~ r r
' ^r«-^nt?~e n«a -^^°a^- ] If the Planning Commission fails to
2
act within the required period, it shall be deemed a negative
recommendation.
~ The County Council may make modifications, deletions, or additions to
the proposed amendment as it may deem necessarv, in accordance with
its rules of procedure, but any change which constitutes a new General
Plan amendment such as an amendment which adds or deletes a goal,
policv or course of action or standard or a map amendment which
changes the designation of land, shall be referred to the Planning Director
and Planning Commission and processed according to section 16.2(1).
(2) Planning Director
(a) The Planning Director may initiate an interim 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) [Tl. nl r,..,....:n..:,.« nl.nn n «a..n. n«a ^ ..,°+a:+.. «..1.1:.. w°....:..,.
«b «.r r o
The
Planning Director shall notify a property owner of a proposed
amendment that would redesignate its property to Open or Conservation,
unless the property is already designated Conservation by the State land
Use Commission. Notice shall be given not less than 21 days before the
first Planning Commission hearing op the proposed amendment.
(e)[T'' Dl r„«.«.:nn:,.«..l...ll n..l.«.:+:+n °«a^+:..«5..~-=+1.°_...:a1. +1.°
Dl Tl:_°n+....ln « nn1 +6° r^..«+.. r.,.,«..:1 . Z!1 an..n An,.« ?1.°
r ^r^ +
,.r+,,° ]The Planning Commission shall conduct and
complete its review on the proposed amendments to the General Plan,
and shall submit its recommendations, within 120 days from the date of
receipt of the proposed amendments. If the Planning Commission fails to
act within the required period, it shall be deemed a negative
recommendation.
fTl. r + r....«n:l nl.nll _ °..+1.°«_..«..n°a °«.i... °.~.t ....a n«n°..,:+L.
1I l J r r
.1°_n °a«_°..+:^.° ^«a « ,ced::r~] The County Council may make
_r__"_"___-
modifications, deletions, or additions as it may deem necessarv, in
accordance with its rules of procedure, but any change which constitutes
a new General Plan amendment. such as an amendment which adds or
deletes a goal, policv, or course of action, or standard, or a map
amendment which changes the designation of land, shall be referred to
the Planning Director and Planning Commission and processed
according to section 16.2(1).
(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 [ethe~thaa] except 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.
(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 [Izhamtitfg-~rrec~er
' ]amendment shall be processed accordine
to section 16.2(2).
[
~ete~
a .,..we r~,...«..:1 ..,:.w:« ~n a,,..,. sl,e ,.~,...e ,.Ftt,
~ 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 at any time, except durin¢ the comprehensive
review. If the County Council decides to initiate the proposed
amendment by resolution, the amendment procedure shall follow section
16.2 1 .
~f 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 4. Section 16.3, Rules and Regulations, of the County of Hawaii
General Plan, as adopted by Ordinance No. OS 25, is amended to read as follows:
"16.3 RULES AND REGULATIONS. The Planning Director and the Planning
Commission [shall] are authorized to promulgate rules and regulations to implement
the amendment procedures."
SECTION 5. 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 6. 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 aze declared to
be severable.
SECTION 7. 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 8. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1" Reading:
Date of 2"d Reading:
Effective Date:
~~r os
8~-~„ 'o&
COUNTY OF HAWAII STATE OF HAWAII
~h~0l~N~~'
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING THE HAWAII COUNTY GENERAL PLAN, AS
ADOPTED BY ORDINANCE NO. OS 25, RELATING TO GENERAL PLAN
AMENDMENT PROCEDURES
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this ordinance is in accordance with
Section 3-15, Hawaii County Chazter, and Section 16.2 Interim Amendments, County of
Hawaii General Plan adopted by Ordinance No. OS 25. Specifically, the amendment is
to streamline the current amendment procedures 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 16.1, Comprehensive Review, of the County of Hawaii
General Plan, as adopted by Ordinance No. OS 25, is amended to read as follows:
"16.1 COMPREHENSNE REVIEW
(1) The Planning Director shall initiate a comprehensive review of the General Plan
and prepare a set of recommended amendments for review by the Planning
Commission and adoption by the County Council. The recommended
amendments shall be submitted to the County Council not more than ten yeazs
after the date of adoption of the previous amendments resulting from a
comprehensive review.
(2) The Planning Director shall give notice of the comprehensive review to the
County Council, Planning Commission, and the general public. The notice shall
state:
(a) The general scope of review;
(b) The ability for the County Council, Planning Commission, and the general
public to provide their comments and suggestions to the Planning Director;
and
(c) The initiation date, general sequence of events, and time for completion of the
review period.
(3) The Planning Director shall establish a deadline for Council-initiated amendments
during the comprehensive review which shall be not less than 120 days after the
initial notice under section 16.1(2). The County Council may initiate such
amendments by resolution.
(4) The Planning Director shall conduct public workshops on amendments proposed
by the Planning Director and by the County Council.
(5) The public shall be afforded 21 days from the date of the last public workshop to
provide comments to the Planning Director.
(6) The Planning Director shall then submit the amendments proposed by the
Planning Director and by the County Council to the Planning Commission for its
review and recommendation within 30 days after the public deadline to submit
comments to the Planning Director. The Planning Director shall make a
recommendation on any Council-initiated amendments.
(7) The Planning Director shall notify a property owner of a proposed amendment
that would redesignate its property to Open or Conservation, unless the property
is akeady designated Conservation by the State land Use Commission. Notice
shall be given not less than 21 days before the first Planning Commission hearing
on the proposed amendment.
(8) The Planning Commission shall conduct and complete its review on the proposed
amendments to the General Plan, and shall submit its recommendations, within
150 days from the date of receipt of the proposed amendments from the Planning
Director.
(9) The Planning Commission shall recommend approval of the proposed
aznendments, in whole or in part, recommend changes, or recommend the
rejection of the proposal for changes to the General Plan. If the Planning
Commission fails to act on a proposed amendment within the required period, it
shall be deemed a negative recommendation.
(10) The County Council shall review the amendments submitted and the
recommendation of the Planning Commission and adopt an amended General
Plan. The County Council may make modifications, deletions, or additions to the
proposed amendments as it may deem necessary, in accordance with its rules of
procedure, but any change which constitutes a new General Plan amendment,
such as an amendment which adds or deletes a goal, policy, or course of action, or
standazd, or a map amendment which changes a designation of land, shall follow
the procedure for Interim Amendments."
SECTION 3. 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) The County Council may initiate interim amendments to the General Plan at any
time, except during the comprehensive review pursuant to the following
procedures:
(a) The County Council may, by resolution, request the Planning Director and
Planning Commission to review and make a recommendation on a proposed
amendment.
(b) The Planning Director shall have 60 days or a longer period, as maybe agreed
to by the County Council, to submit a recommendation on the proposal to the
Planning Commission for its review and recommendation. The Planning
Director's recommendation may include suggested changes consistent with
the general intent of the proposed amendment, and the Planning Director
shall, if requested by County Council, prepare a draft ordinance to implement
the proposed amendment.
(c) The Planning Director shall notify a property owner of a proposed amendment
that would redesignate its property to Open or Conservation, unless the
property is already designated Conservation by the State land Use
Commission. Notice shall be given not less than 21 days before the first
Planning Commission hearing on the proposed amendment.
(d) The Plamvng Commission shall consider the proposed amendment at no less
than two meetings, and shall make its recommendation on the proposed
amendment to the County Council within 60 days from its receipt of the
Planning Director's recommendation.
(e) The Planning Commission shall conduct and complete its review on the
proposed amendments to the General Plan, and shall submit its
recommendations, within 60 days from the date of receipt of the proposed
amendments.
(f) If the Planning Commission fails to act within the required period, it shall be
deemed a negative recommendation.
(g) The County Council may make modifications, deletions, or additions to the
proposed amendment as it may deem necessary, in accordance with its rules
of procedure, but any change which constitutes a new General Plan
amendment, such as an amendment which adds or deletes a goal, policy, or
course of action, or standard, or a map amendment which changes the
designation of land, shall be referred to the Planning Director and Planning
Commission and processed according to section 16.2(1).
(2) Planning Director
(a) The Planning Director may initiate an interim 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 Director shall notify a property owner of a proposed amendment
that would redesignate its property to Open or Conservation, unless the
property is already designated Conservation by the State land Use
Commission. Notice shall be given not less than 21 days before the first
Planning Commission hearing on the proposed amendment.
(e) The Planning Commission shall conduct and complete its review on the
proposed amendments to the General Plan, and shall submit its
recommendations, within 120 days from the date of receipt of the proposed
amendments. If the Planning Commission fails to act within the required
period, it shall be deemed a negative recommendation.
(f) The County Council may make modifications, deletions, or additions as it may
deem necessazy, in accordance with its rules of procedure, but any change
which constitutes a new General Plan amendment, such as an amendment
which adds or deletes a goal, policy, or course of action, or standazd, or a map
amendment which changes the designation of land, shall be referred to the
Planning Director and Planning Commission and processed according to
section 16.2(1).
(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 except 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 aznendment;
(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.
(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 aznendment, the amendment shall be
processed according to section 16.2(2).
(e) In the event that the Plazming Director rejects an application for an
amendment, the applicant may request the County Council to initiate an
amendment on its behalf at any time, except during the comprehensive
review. If the County Council decides to initiate the proposed amendment by
resolution, the amendment procedure shall follow section 16.2(1).
(f) In the event that an application is denied by the County Council, the same or a
substantially similaz application may not be submitted for consideration
within one yeaz 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 4. Section 16.3, Rules and Regulations, of the County of Hawaii
General Plan, as adopted by Ordinance No. OS 25, is amended to read as follows:
"16.3 RULES AND REGULATIONS. The Planning Director and the Planning
Commission are authorized to promulgate rules and regulations to implement the
amendment procedures."
SECTION 5. 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 6. 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 aze declared to
be severable.
SECTION 7. 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 8. 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:
BRAmendGenPlanProcedures(Revision).jwd 10-31-06
COUNTY OF HAWAII PLANNING DEPARTMENT
REVISED RECOMMENDATION
COUNTY COUNCIL INITIATED INTERIM AMENDMENT
TO ORDINANCE NO.OS-25, THE COUNTY OF HAWAII GENERAL PLAN,
RELATING TO GENERAL PLAN AMENDMENT PROCEDURES
REVISED RECOMMENDATION
In addition to the previous recommendation submitted to the Planning Commission, the
Planning Director has made some revisions to Exhibit 3 (Planning Director's Draft Bill of
General Plan Amendment Procedures), which will be submitted as Exhibit 4. (Planning
Department Exhibit 4 -Planning Director's Revised Draft Bill of General Plan
Amendment Procedures-Ramseyer Version and Clean Copy)
M
,~tv os N_
COUNTY OF HAWAII STATE OF HAWAII
•••t~•Yl•M~,'I`
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING THE HAWAII COUNTY GENERAL PLAN, AS
ADOPTED BY ORDINANCE NO.OS 25, RELATING TO GENERAL PLAN
AMENDMENT PROCEDURES
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this ordinance is in accordance with
Section 3-15, Hawaii County Charter, and Section 16.2 Interim Amendments, County of
Hawaii General Plan adopted by Ordinance No. OS 25. Specifically, the amendment is
to streamline the current amendment procedures 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 16.1, Comprehensive Review, of the County of Hawaii
General Plan, as adopted by Ordinance No. OS 25, is amended] Ordinance no. OS-25, is
amended by amending section 16.1, relating to Comprehensive Review of the
County of Hawaii General Plan, to read as follows:
"16.1 COMPREHENSIVE REVIEW
(1) The Planning Director shall initiate a comprehensive review of the General Plan
and prepare a set of recommended amendments for review by the Planning
Commission and adoption by the County Council. The recommended
amendments shall be submitted to the County Council r°« °a°-
rb° :«:r:°1 a°a., «F A,.«ti..« ..F R,° !'_°«°.-.,1 Dl„« .,«.l rl,° A,.r° «F .,,7,.«r:,.« «l
st~ise~ent] not more than ten years after the date of adoption of the
previous amendments resulting from a comprehensive review.
(2) The Planning Director shall give notice of the comprehensive review to the
County Council, Planning Commission, and the general public. The notice shall
state:
(a) The general scope of review;
Planning Dept.
Exhibit,-. ~
(b) The [ability u urtur~iit for the County Council, Planning Commission,
and the general public to provide their comments and suggestions to the
Planning Director; and
(c) The initiation date, [sshedtrle] general sequence of events, and time for
completion of the review period.
(3) The Planning Director shall establish a deadline for Council-initiated
amendments during the comprehensive review which shall be not less than
120 days after the initial notice under section 16.1(2). The Countv Council
may initiate such amendments by resolution.
~ [T,~°., ° ~,°r:^~ ..F a6° - ° ^a *6°] The Planning Director shall
conduct public workshops on amendments proposed by the
Planning Director and by the Countv Council.
[(4-)] ~ The public shall be afforded [H0] 21 days from the date of the last public
workshop to provide comments to the Planning Director.
~ The Planning Director [Wray] shall then ~«^~^°°a ° a6°
] submit the amendments proposed by the Planning
Director and by the Countv Council to the Planning Commission for its
review and recommendation within [60] 30 days after the public deadline to
submit comments to the Planning Director. The Planning Director shall make
a recommendation on anv Council-initiated amendments.
[(b)] ~ The Planning Director shall notify a property owner of a proposed
amendment that would redesignate its property to Open or Conservation, unless
the property is already designated Conservation by the State Land Use
Commission. [rF a6° DL.....:.. Tl:«°..r..« ..«:..:....li., :..:r:°a°.. r6° «°A°~:.....,r:..«.
then-a] Notice shall be [sent] iven not less than 21 days before the first
Planning Commission hearing on the proposed amendment. [TF
a6~s
,...a,, a6,... ....1 a6° ..«....°«a.... X6.,11 6° ....r: F:°A ..F r6°
Dl°....:.. T:«°..a..J...1....:..:..~ a..:..:a:.,a° :a ....r 1°.... a6.,.. 71 .1 1.°F..«° r6°
a.. l~,. T' F: «..a« A: TF :..:r:°r°A 1.,. r6°!`~. a.. l~.. :1 a6° °«r.
a
677..11 6° ~^ti F:°A ....a 1°~.. a6.... 1l ,1...... 6°F,.«° r6° r.. P.. F;«or
gl
~ The Planning Commission shall conduct and complete its [pr~lie-ke,a~gs]
review on the proposed amendments to the General Plan, and shall submit its
recommendations, within [9A] 150 days from the date of receipt of the
//qq~~ ((pppr~~oposed amendments from the Panning Director.
[C~J] LL [TTh~ Dl.,....:.... X6..11 ....6...:a :a.. °...1 .,r:.... r.. a6° f`..,,..ru
..........a
/"~....~..:1 ?,...°r6°« ...:a6 a6.. Dl,.....:.... Tl:«°..r..1.... o..l ..,:r6:.. (.!1 A.,.... F«..«.. rh
~F a6° ....6r.° 6°^-:^° ]The Planning Commission shall recommend
approval of the [ ]proposed amendments, in
whole or in part, recommend changes, or recommend the rejection of the
proposal for changes to the General Plan. If the Planning Commission fails to
act on a proposed amendment within the required period, it shall be
deemed a negative recommendation.
[(-9~] 10 The County Council shall review the amendments submitted [lithe
D~~ ^~°^*or] and the recommendation of the Planning Commission and
adopt an amended General Plan. [T6°''^~~'° °,,^~a r6°
2
a 1, al.,. Dl....»:».. P:«e..a.~..,..a Dl.,,,«,:^a r,..,, ....l.. a:......
b
~ "F' a 7 aa~ ~ a a t,.. al,o r,.....a., r,..,..,.:t
TL. r r 'i 7...11 «e»ae« ae,.:..:,.» ..,:al.:.. 1 711 .i,i. ..F «e,.e:..a ..F at.e
[The County Council may make modifications,
deletions or additions to the proposed amendments as it may deem
necessary in accordance with its rules of procedure, but any chance which
constitutes a new General Plan amendment, such as an amendment which
adds or deletes a goal, policy, or course of action, or standard, or a map
amendment which chances a designation of land, shall follow the procedure
for Interim Amendments.l The County Council may make modifications,
deletions ur additions to the proposed amendments as it may deem
necessary within the General intent and subiect matter of the proposed
amendments in accordance with its rules of procedure. However, any
County Council chance to a proposed amendment which substantially
chances the General intent or subiect matter of the proposed amendment,
such as newly addinG or deletinG a Goal, policy, or course of action, or
standard or a map amendment which chances a land use designation of a
parcel shall be considered an entirely new proposed amendment. Such a
new amendment proposed at this state shall not be processed as part of the
ongoing comprehensive review, but shall be processed as a new Interim
Amendment pursuant to Section 16.2."
SECTION 3. [Section 16.2, Interim Amendments, of the County of Hawaii
General Plan, as adopted by Ordinance No. OS 25, is amended] Ordinance no. OS-25, is
amended by amending section 16.2, relating to Interim Amendments of the County
of Hawaii General P?an, to read as follows:
"16.2 INTERIM AMENDMENTS
(1) The County Council may initiate interim amendments to the General Plan at
any time exce t [^n] during the comprehensive review pursuant to the
following procedures:
(a) The County Council may, by resolution, [
a a.. a.. a..a,.«...:..e al.e Fe....: t.:l:a.. ,.FI
CpnQacr~atin~Tcvacccrnnexc request the Planning
Director and Planning Commission to review and make a
recommendation on a proposed amendment.
(b) The Planning Director shall have [~29] 60 days or a longer period, as may
be agreed to by the County Council, to submit a [
study-~] recommendation on the [r~~~~=~si1~°] proposal to the
Planning Commission for its review and recommendation. [I€EHe
Dl ll' ,.a.. e..a.. ..1 at... DI.. Tl:. ..r.. ..7...17
1 7. a F a• F,.« ..:ae«„a:..» ....a ..,.a:.... 7.., al.e r...,..a
Ceuneil-] The Planninc Director's recommendation may include
suggested changes consistent with the General intent of the proposed
amendment, and the Planninc Director shall, if requested by County
3
Council, prepare a draft ordinance to implement the proposed
amendment.
(c) The Planning Director shall notify a property owner of a proposed
amendment that would redesignate its uroperty to Open or
Conservation, unless the property is already designated Conservation
by the State Land Use Commission. Notice shall be given not less
than 21 days before the first Planning Commission hearing on the
proposed amendment.
[(c)] ~ The Planning Commission shall [^^.,a..°' °°a :«....,,>,r.^
consider the proposed amendment ter, °F.°^°:..'
F F°..,.:>,:,:«....«,.a., ....a _ °.,ac~:c~ Fr^m tti_o Dim n::°c
..b
at no less than two meetings, and shall make its recommendation on
the proposed amendment to the County Council within 60 days from
its receipt of the Planning Director's recommendation.
l °,7 ...1... °«l.° ,:rl. r1.° Dl~ n;.. ..tom F,. :l.:l:«.
Pro`- ..b~ _ .W~.:=D .~..__~......__.,_'"___~J
°F ]The Planning Commission shall conduct and ~ v
complete its review on the proposed amendments to the General Plan,
and shall submit its recommendations, within 60 days from the date of
receipt of the proposed amendments.l
_.,.W.., . r_~r~~---
°F...°^«:,.° °.,a ,.°a.,.o ] If the Panning
Commission fails to act within the required period, it shall be deemed
a negative recommendation.
[(g)1 (f) [The County Council may make modifications, deletions, or
additions to the proposed amendments as it may deem necessary. in
accordance with its rules of procedure, but any change which
constitutes a new General Plan amendment, such as an amendment
which adds or deletes a goal, policy, or course of action, or standard,
or a map amendment which changes a designation of land, shall be
referred to the Planning Director and Planning Commission and
processed according to section 16.2(1).1 The County Council may
make modifications, deletions, or additions to the proposed
amendments as it may deem necessary, within the general intent and
subiect matter of the proposed amendments, in accordance with its
rules of procedure. However, any County Council change to a
proposed amendment which substantially changes the general intent
or subiect matter of the proposed amendment, such as newly adding
or deleting a goal, policy. or course of action, or standard, or a map
amendment which changes a land use designation of a parcel, shall be
considered an entirely new proposed amendment. Such a new
amendment proposed at this stage shall not be processed as part of the
ongoing comprehensive review, but shall be rocessed as a new
Literim Amendment pursuant to Section 16.2.
4
(2) Planning Director
(a) The Planning Director may initiate an interim 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) [
1, • to a F «1.° .lnk° ..F ..f kl,° ..~0.7 onam The
Y..,r.,,.....
Planning Director shall notify a property owner of a proposed
amendment that would redesignate its property to Open or
Conservation, unless the property is already designated Conservation
by the State Land Use Commission. Notice shall be given not less
than 21 days before the first Planning Commission hearing on the
proposed amendment.
(e) [Th Dl ~ L.°71 ....1....:, °...1 r....or4, or_,:,;kh
b
1. Dl Tl:.°°k° ..7 k° kl.° ..r.. :1 i;k},;r, zn
_ _______"o - - _ _ _ _ _ i
c_..», kl.° °F ,,°°..a~,. ]The Planning Commission shall conduct
and complete its review on the proposed amendments to the General
Plan, and shall submit its recommendations, within 120 days from the
date of receipt of the proposed amendments. If the Planning
Commission fails to act within the required period, it shall be deemed
a negative recommendation.
[
' 1.:... °e....°,.«',.° ..-,.,.°,1.,.~] [The County Council may
make modifications, deletions, or additions as it may deem necessary.
in accordance with its rules of procedure, but any change which
constitutes a new General Plan amendment, such as an amendment
which adds or deletes a goal, policy. or course of action, or standard,
or a map amendment which changes a designation of land, shall be
referred to the Planning Director and Planning Commission and
processed according to section 16.2(1).1 The County Council may
make modifications, deletions, or additions to the proposed
amendments as it may deem necessary, within the general intent and
subiect matter of the proposed amendments, in accordance with its
rules of procedure. However, any County Council change to a
proposed amendment which substantially changes the general intent
or subiect matter of the proposed amendment, such as newly adding
or deleting a goal, policy, or course of action, or standard, or a map
amendment which changes a land use designation of a parcel, shall be
considered an entirely new proposed amendment. Such a new
amendment proposed at this stage shall not be processed as part of the
ongoing comprehensive review, but shall be processed as a new
Interim Amendment pursuant to Section 16.2.
5
(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 except 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.
(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 [leg
r~' 1, n L. a.....,....:a al.~ ,.va e...i...e..r r.. rl,o Dl~ra.na
Fc= . ~ a ---------~a°•°_~~] amendment shall be
processed according to section 16.2(2).
f/ \ T6 Dl......:.... ~l...ll .......1,...r ooA ....il,.a,.:a......1.1:,. l.e,..-:......
l Y b
/C\ T1. Dl ..l...ll .1....:a :a.. a e...7.,a:., rl.o
1T7 b ~
a 1, r......... ~,....,,.:1 ...:a6:.. ~n ,1,,.... c at,e ,.l,.~e „a rh
• 1. .1......F ...-,.,.a:,.o ....A .......e.7..~
t
[(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 at anv time, except durine the comprehensive
review. If the County Council decides to initiate the proposed
amendment by resolution, the amendment procedure shall follow
section 16.2(1).
[(ij] ~f 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."
6
SECTION 4. ~ Section 16.3, Rules and Regulations, of the County of Hawaii
General Plan, as adopted by Ordinance No. OS 25, is amended ~ Ordinance no. US-25, is
amended by arnendin~ section 16.3 relating to Rules and Regulations of the County
of Hawaii General Plan, to read as follows:
"16.3 RULES AND REGULATIONS. The Planning Director and the Planning
Commission [shall] are authorized to promulgate rules and regulations to implement
the amendment procedures."
SECTION 5. 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 6. 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 declazed to
be severable.
SECTION 7. 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 8. 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"a Reading:
Effective Date:
7
+tv os ~~kt
IN6'
COUNTY OF HAWAII STATE OF HAWAII
tf~0%~M~
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING THE HAWAII COUNTY GENERAL PLAN, AS
ADOPTED BY ORDINANCE NO. OS 25, RELATING TO GENERAL PLAN
AMENDMENT PROCEDURES
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this ordinance is in accordance with
Section 3-15, Hawaii County Charter, and Section 16.2 Interim Amendments, County of
Hawaii General Plan adopted by Ordinance No. OS 25. Specifically, the amendment is
to streamline the current amendment procedures 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. Ordinance no. OS-25, is amended by amending section 16.1,
relating to Comprehensive Review of the County of Hawaii General Plan, to read as
follows:
"16.1 COMPREHENSIVE REVIEW
(1) The Planning Director shall initiate a comprehensive review of the General Plan
and prepare a set of recommended amendments for review by the Planning
Commission and adoption by the County Council. The recommended
amendments shall be submitted to the County Council not more than ten years
after the date of adoption of the previous amendments resulting from a
comprehensive review.
(2) The Planning Director shall give notice of the comprehensive review to the
County Council, Planning Commission, and the general public. The notice shall
state:
(a) The general scope of review;
(b) The opportunity for the County Council, Planning Commission, and the
general public to provide their comments and suggestions to the Planning
Director; and
(c) The initiation date, general sequence of events, and time for completion of
the review period.
(3) The Planning Director shall establish a deadline for Council-initiated
amendments during the comprehensive review which shall be not less than 120
days after the initial notice under section 16.1(2). The County Council may
initiate such amendments by resolution.
(4) The Planning Director shall conduct public workshops on amendments
proposed by the Planning Director and by the County Council.
(5) The public shall be afforded 21 days from the date of the last public workshop
to provide comments to the Planning Director.
(6) The Planning Director shall then submit the amendments proposed by the
Planning Director and by the County Council to the Planning Commission for
its review and recommendation within 30 days after the public deadline to
submit comments to the Planning Director. The Planning Director shall make a
recommendation on any Council-initiated amendments.
(7) The Planning Director shall notify a property owner of a proposed amendment
that would redesignate its property to Open or Conservation, unless the property
is already designated Conservation by the State Land Use Commission. Notice
shall be given not less than 21 days before the first Planning Commission
hearing on the proposed amendment.
(8) The Planning Commission shall conduct and complete its review on the
proposed amendments to the General Plan, and shall submit its
recommendations, within 150 days from the date of receipt of the proposed
amendments from the Planning Director.
(9) The Planning Commission shall recommend approval of the proposed
amendments, in whole or in part, recommend changes, or recommend the
rejection of the proposal for changes to the General Plan. If the Planning
Commission fails to act on a proposed amendment within the required period, it
shall be deemed a negative recommendation.
(10) The County Council shall review the amendments submitted and the
recommendation of the Planning Commission and adopt an amended General
Plan. The County Council may make modifications, deletions, or additions to
the proposed amendments as it may deem necessary, within the general intent
and subject matter of the proposed amendments, in accordance with its rules of
procedure. However, any County Council change to a proposed amendment
which substantially changes the general intent or subject matter of the proposed
amendment, such as newly adding or deleting a goal, policy, or course of action,
or standazd, or a map amendment which changes a land use designation of a
parcel, shall be considered an entirely new proposed amendment. Such a new
amendment proposed at this stage shall not be processed as part of the ongoing
comprehensive review, but shall be processed as a new Interim Amendment
pursuant to Section 16.2."
SECTION 3. Ordinance no. OS-25, is amended by amending section 16.2,
relating to Interim Amendments of the County of Hawaii Genera] Plan, to read as
follows:
2
"16.2 INTERIM AMENDMENTS
(1) The County Council may initiate interim amendments to the General Plan at any
time, except during the comprehensive review pursuant to the following
procedures:
(a) The County Council may, by resolution, request the Planning Director and
Planning Commission to review and make a recommendation on a
proposed amendment.
(b) The Planning Director shall have 60 days or a longer period, as may be
agreed to by the County Council, to submit a recommendation on the
proposal to the Planning Commission for its review and recommendation.
The Planning Director's recommendation may include suggested changes
consistent with the general intent of the proposed amendment, and the
Planning Director shall, if requested by County Council, prepare a draft
ordinance to implement the proposed amendment.
(c) The Planning Director shall notify a property owner of a proposed
amendment that would redesignate its property to Open or Conservation,
unless the property is already designated Conservation by the State Land
Use Commission. Notice shall be given not less than 21 days before the
first Planning Commission hearing on the proposed amendment.
(d) The Planning Commission shall consider the proposed amendment at no
less than two meetings, and shall make its recommendation on the
proposed amendment to the County Council within 60 days from its
receipt of the Planning Director's recommendation.
(e) If the Planning Commission fails to act within the required period, it shall
be deemed a negative recommendation.
(f) The County Council may make modifications, deletions, or additions to
the proposed amendments as it may deem necessary, within the general
intent and subject matter of the proposed amendments, in accordance with
its rules of procedure. However, any County Council change to a
proposed amendment which substantially changes the general intent or
subject matter of the proposed amendment, such as newly adding or
deleting a goal, policy, or course of action, or standard, or a map
amendment which changes a land use designation of a parcel, shall be
considered an entirely new proposed amendment. Such a new amendment
proposed at this stage shall not be processed as part of the ongoing
comprehensive review, but shall be processed as a new Interim
Amendment pursuant to Section 16.2.
(2) Planning Director
(a) The Planning Director may initiate an interim 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 Director shall notify a property owner of a proposed
amendment that would redesignate its property to Open or Conservation,
unless the property is already designated Conservation by the State Land
3
Use Commission. Notice shall be given not less than 21 days before the
first Planning Commission hearing on the proposed amendment.
(e) The Planning Commission shall conduct and complete its review on the
proposed amendments to the General Plan, and shall submit its
recommendations, within 120 days from the date of receipt of the
proposed amendments. If the Planning Commission fails to act within the
required period, it shall be deemed a negative recommendation.
(f) The County Council may make modifications, deletions, or additions to
the proposed amendments as it may deem necessary, within the general
intent and subject matter of the proposed amendments, in accordance with
its rules of procedure. However, any County Council change to a
proposed amendment which substantially changes the general intent or
subject matter of the proposed amendment, such as newly adding or
deleting a goal, policy, or course of action, or standazd, or a map
amendment which changes a land use designation of a parcel, shall be
considered an entirely new proposed amendment. Such a new amendment
proposed at this stage shall not be processed as pazt of the ongoing
comprehensive review, but shall be processed as a new Interim
Amendment pursuant to Section 16.2.
(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 except 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.
(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 amendment shall
be processed according to section 16.2(2).
(e) 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 at any time, except during the comprehensive
review. If the County Council decides to initiate the proposed amendment
by resolution, the amendment procedure shall follow section 16.2(1).
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
4
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 4. Ordinance no. OS-25, is amended by amending section 16.3,
relating to Rules and Regulations of the County of Hawaii General Plan, to read as
follows:
"16.3 RULES AND REGULATIONS. The Planning Director and the Planning
Commission are authorized to promulgate rules and regulations to implement the
amendment procedures."
SECTION 5. 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 6. 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 7. 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 8. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 151 Reading:
Date of 2°d Reading:
Effective Date:
5