HomeMy WebLinkAboutBIL 075 Draft 01 2006-2008 t+ ~
COUNTY OF HAWAf`I STATE OF HAWAII
BILL NO. 75
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
[
au F.. A..«ti..« ..F ....l.~on„u.~fl and prepare a set of recommended
amendments for review ,bv thle 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 [ahi~lity] 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, [sshedt}le] general sequence of events, and time for
completion of the review period.
(3) The Plannin 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(21. The County Council
may initiate such amendments by resolution.
~ ]The Planning Director shall
conduct public workshops on [theprepesed] amendments proposed by the
Planning Director and by the County Council.
[(-0~] ~ The public shall be afforded [H9] 21 days from the date of the last public
workshop to provide comments to the Planning Director.
~ The Planning Director [finay] 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 [b9] 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] Land Use
Commission. [TF t, n, n' v «^n..:«:4:n4°,. 4t.° .°a°":....n4:°«
4~0] Notice shall be [sent] rg'ven not less than 21 days before the first
Planning Commission hearing on the proposed amendment. [tF"
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~ The Planning Commission shall conduct and complete its [«°"'~~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
proposed amendments from the Planning Director.
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..F4t.° h ,,._..a.] The Planning Commission shall recommend
a royal of the Dr-ln~~" T'i`2c:~ «`°«,.°"1] uroposed amendments, in
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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.
~ The County Council shall review the amendments submitted [by~he
D,-~-r] and the recommendation of the Planning Commission and
adopt an amended General Plan. [Tt.° ^a.,,,L4t.n c~°....°"
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The County Council may make modifications,
deletions or additions to the proposed amendments as it may deem
necessary within the eeneral 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 eeneral intent or subiect matter of the proposed amendment,
such as newly adding or deleting a coal, policy, or course of action, or
standard or a map amendment which chanties a land use designation of a
parcel shall be considered an entirely new aroposed amendment. Such a
new amendment proposed at this static shall not be processed as part of the
ontioinc 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 General Plan, to read as
follows:
"16.2 INTERIM AMENDMENTS
(1) The County Council may initiate interim amendments to the General Plan at
any time e, XCCpt during the comprehensive review pursuant to the
following procedures:
(a) The County Council may, by resolution, [a~~°°' Dl°~°'""
,1 4 ° s °n request the Plannine
Director and Plannine Commission to review and make a
recommendation on a proposed amendment.
(b) The Planning Director shall have [~9] 60 days or a longer period, as may
be agreed to by the County Council, to submit a [
and] recommendation on the [~°°~=~un~] proposal to the Planning
Commission for its review and recommendation. [Tr D,°,..,:~.. n:_°c _
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Plannine Director's recommendation may include suggested chanties
consistent with the eeneral intent of the proposed amendment, and the
Plannine Director shall if requested by County Council, prepare a
draft ordinance to implement the proposed amendment.
(c) The Plannine Director shall notify a property owner of a proposed
amendment that would redesitinate 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 Plannine Commission hearing on the proposed
amendment.
[(c)] ~ The Planning Commission shall [
heariugs~eH] consider the proposed amendment [ ~,.za'=days-o`r~°^ ~r
] at no
less than two meetin s and shall make its recommendation on the
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proposed amendment to the County Council within 60 davs from its
receipt of the Planning Director's recommendation.
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l 1 ' °o« «a « °a~ ° ] 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 and submitted to the
Planning Director and Planning Commission for their review and
recommendation.
(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.
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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 davs before the first Planning Commission hearing on the proposed
amendment.
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, ~1,.° >,°°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 davs 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.
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«
~ ^e«....,..:°° ..«a °°a••-^ ]The County Council may make
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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 and processed as a new interim amendment
pursuant 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 [^on ~a~.] exce t during the comprehensive
review.
(b) The application shall include:
(i) A filing fee of $500.00 to cover the administrative cost ofprocessing 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 [hhamting-Birec~er
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tit _.t4~=r..a 1, 1 ,t °«.7.... «4 4.. 41.° D1.. ...._C!~.,,,~vinoi
a n.~~..~,.~::] amendment shall be processed according
to section 16.2(21.
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[(Ir}]~ In the event that the Planning Direoltor 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
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review If the County Council decides to initiate the proposed
amendment by resolution the amendment procedure shall follow
section 16.2(1).
[(-i~]~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. 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 [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 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.
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SECTION 8. This ordinance shall take effect upon its approval.
INTRODUCED
,c.~r C~
COUNCIL ME R, COUNTY OF H WAII
Hawaii
Date of Introduction:
Date of 151 Reading:
Date of 2"d Reading:
Effective Date:
REFERENCE: Comm: 181.1
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