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Home My WebLink AboutCOM 0662.009 2006-2008 K Angel Pilago (.,.a Phone No.: (808) 327-3642 Council Vice Chair '~~4, Fax No.: (808) 329-4786 Council Member, District 8 E-Mail: kapilago@co.hawaii.hi.us J ~i•~\\ •••j~•O! N•~ HAWAII COUNTY COUNCIL County of Hawaii Kailua Trade Center 75-5706Hanama Place, Suite 109 Kailua-Kona, Hawaii 96740 DATE: September 17, 2007 TO: Pete Hoffmann, Council Chair And Members of the Hawaii County Council FROM: K Angel Pilago C % Council Member ~ ` RE: Proposed Amendment to Bill 175 elating to an Ordinance o Initiate a Charter Amendment to Article VI, Chapter 4, of the Hawaii County Charter (2000), Establishing Windward and Leeward Planning Commissions). Attached is a proposed amendment to Bill 175 relating to initiating a Chazter Amendment Establishing Windwazd and Leewadd Planning Commissions. The proposed amendments incorporate matters recently discussed with the Planning Depaztment. The proposed amendments aze as follows: SECTION 1. Purpose. Deletes the word "advisory" in line 2. SECTION 5. Amends the first pazagraph to read as follows: "SECTION 5. Article VI, chapter 4, of the Hawaii County Charter (2000), relating to the Planning Department, is amended by adding new sections 6-4.3, 6-4.4, [and] 6-4.5, and 6-4.6 to read as follows:..." Amends paragraphs (b) and (c) of SECTION 6-4.5. Duties and Functions of the Windwazd and Leewazd Planning Commissions, and adds a new Section 6-4.6, Transitional Provisions, as follows: (bl A uniform body of rules of procedure shall apply to both commissions. Uniform rules of procedure shall be adopted by a majority vote of the combined membershia of the Windward Planning Commission and the Leeward Planning Commission. The existing rules of arocedure of the Hawaii County Planning Commission, except for meeting Comm: NO: 6 Y 2 Ref. To: ~i~sea C- Ref. Date Hawai `i County !s An Equal Opportunity Provider And Employer Pete Hoffmann, Chair And Members of the Hawaii County Council September 17, 2007 Page 2 of 3 places. shall apply to both commissions until the new uniform rules of procedure are adopted. (c) If fn~isdietie~r.] a project involves matters within the jurisdiction of both the Windward and the Leeward Planning Commissions, such matters shall be heard ioinUv by both commissions and require action by the Windward Planning Commission and the Leeward Planning Commission. Each planning commission shall have jurisdiction and review rezoning ordinances within their respective areas and both commissions shall review changes to the zoning or subdivision codes.["] Section 6-4.6. Transitional Provisions. (a) The existing Planning Commission shall remain in effect and continue to hear and decide matters pursuant to Section 6-4.3, Hawaii County Charter (2000), until April 1, 2009, the date upon which the Windward Planning Commission and the Leeward Planning Commission becomes effective. Matters pending before the existing Planning Commission that are not finally decided by April 1, 2009, will be transferred to the Windward or Leeward Planning Commissions, as appropriate to be finalized. (b) Members of the existing Planning Commission whose terms will not have expired on April 1, 2009, shall hold over and continue to serve the remainder of their respective terms on the Windward and the Leeward Planning Commissions, duly assigned according to their respective residence address. (cl If there shall exist vacancies on either the Windward Planning Commission or the Leeward Planning Commission not filled by term hold over, the Mavor shall appoint the remaining members of the Windward Planning Commission and the Leeward Planning Commission in accordance with Section 13-4, Hawaii County Charter (2000)." Amends SECTION 9, as follows: SECTION 9. The charter amendment proposed in this ordinance shall take effect [I3]~on approval [ ] by a majority of voters voting thereon, as duly certified, and the Windward Planning Commission and Leeward Planning Commission shall become effective on April 1, w ~ ~ Pete Hoffmann, Chair And Members of the Hawaii County Council September 17, 2007 Page 3 of 3 2009 - - - ,.r«w:.. ,.~a:„..„,.e ..t...u «..v.. ear «~,e a~..« ,..v:„,, a,..: a « __r._. - 0 Amends SECTION 10, as follows: JJ SECTION 10. Upon taking effect, the Charter amendment proposed in this ordinance will not be applied retroactively but shall only affect matters initiated on [a... a_°« a.,.. r._,.. a... a,. c n .,ve„a r,. „«...,ruo ~o of t,,,~:ao «we« _a__«:. _ a~«,.,.r«w: Aaril 1, 2009. A copy of Bill 175 with proposed amendments bolded and underlined for illustrative purposes, is attached. KAP/mpd Att. ORDINANCE TO INITIATE A CHARTER AMENDMENT TO ARTICLE VI, CHAPTER 4, OF THE HAWAII COUNTY CHARTER (2000), ESTABLISHING WINDWARD AND LEEWARD PLANNING COMIVIISSIONS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The purpose of this ordinance is to initiate an amendment to the Hawaii County Charter that would provide for two [sdviser3~] planning commissions in Hawaii County. Over the past several decades population growth has resulted in an unprecedented rise in development activity particularly affecting the leeward region of Hawaii County. It is estimated that most of the construction and development occurring in leeward Hawaii is the result of rezoning applications approved many years ago. Baseline information indicates that the windward district is also experiencing an unprecedented rise in development activity and infrastructure pressures similar to that which has manifested in leewazd Hawaii over the years. This alarming rate of growth affecting both the windward and leewazd areas of Hawaii County and potential impacts resulting from proposed future developments and pending rezoning requests justify the creation of two planning commissions to serve Hawaii County. Two independent planning commissions would be better equipped to focus on issues specific to the respective affected districts and thus promote cleaz and concise regional discussions regarding levels of service, mitigation measures and future planning deficits. The two independent planning commissions would focus deliberations upon and assure sensitive consideration of the unique demographics within Hawaii County. Two independent planning commissions would eliminate the perception of a "one-size-fits-all" method of planning. This proposal would create a windward planning commission and a leeward planning commission based upon judicial districts and as demarcated by district boundaries set forth in §4- 1(1), Haw. Rev. Stat., which provides as follows: "...(1) The island and County ofHawai`i shall be divided into nine districts as follows: (A) Puna, to be styled the Puna district; (B) From the Hakalau stream to the boundary of South Hilo and Puna, to be styled the South Hilo district; (C) From the boundary of the Hamakua and North Hilo to the Hakalau stream, to be styled the North Hilo district; (D) Hamakua, to be styled the Hamakua district; (E) North Kohala, to be styled the North Kohala district; (F) South Kohala, to be styled the South Kohala district; (G) North Kona„ to be styled the North Kona district; (H) South Kona, to be styled the South Kona district; and (I) Kau, to be styled the Kau district...." SECTION 2. Article VI, chapter 4, section 6-4.1, of the Hawaii County Charter (2000), relating to Organization, is amended as follows: "Section 6-4.1. Organization. There shall be a planning department consisting of a planning director, a windward planning commission, a leeward planning commission and the necessary staff." SECTION 3. Article VI, chapter 4, section 6-4.2, of the Hawaii County Charter (2000), relating to the Planning Director, is amended as follows: "Section 6-4.2. Planning Director. ~ The planning director shall be appointed by the mayor, confirmed by the council and may be removed by the mayor. The planning director shall have had a minimum of five yeazs' training and experience in a responsible planning position, or a degree in planning, engineering, azchitecture, geography or another planning-related field and three yeazs' experience in a responsible planning position. No less than three years' experience shall have been in an administrative capacity. The director shall be the chief planning officer of the county and the administrative head of the depaztment and shall: [(a~] ~ Advise the mayor, the windward planning commission. the leewazd planning commission and the council on all planning and land use matters. ~ Prepare a general plan, implementation plans and any amendments thereto in accordance with section 3-15. ~ Prepare proposed zoning and subdivision ordinances, zoning maps and regulations and any amendments thereto. [Edj] ~ Review the lists of proposed capital improvements contemplated by agencies of the county and recommend the order of their priority. [(e)] ~ Administer the subdivision and zoning ordinances and regulations adopted thereunder. X6,2 Render decisions on proposed subdivision plans pursuant to law. ~ Make recommendations on rezoning applications, special exceptions and other similaz requests. ~ Render decisions on proposed variances pursuant to law, except that, if any written objections are made to the planning director's actions under this section, said actions shall be subject to review by the board of appeals in accordance with section [6-1-0-2] 6-10.2, unless otherwise provided by law or this charter. [{ij] Perform such other related duties and functions as may be necessary or required pursuant to law and this charter." 2 SECTION 4. Article VI, chapter 4, section 6-4.3 of the Hawaii County Charter (2000), relating to the Planning Commission, is repealed. SECTION 5. Article VI, chapter 4, of the Hawaii County Charter (2000), relating to the Planning Department, is amended by adding new sections 6-4.3, 6-4.4, [end] 6-4.5, and 6-4.6 to read as follows: "Section 6-4.3. Windward Planning Commission. (al There is established a windward planning commission that shall have jurisdiction over the area comprised of districts 1 (Punal: 2 (South Hilol: 3 (North Hilo): 4 (Hamakua :and 9 (Ka`u2 (bl There shall be seven members on this commission. The commission shall r include one member each from districts 1. 2. 3.4. and 9 and two "at-large" members. The two "at-large" members shall be selected from among districts 1. 2, 3, 4 and 9. These seven members shall be appointed by the mater and confirmed by the council in the manner prescribed in section 13-4. Each member shall be a legal resident and registered voter of the district which the member represents. In addition, the director of public works and the manager of the department of water supply. or their designated representatives, shall serve as ex-officio members of the windward planninp_ commission, without power to vote. Section 6-4.4. Leeward Planning Commission. (al There is established a leewazd planning commission that shall have jurisdiction over the area comprised of districts 5 (North KohalaL(South Kohala): 7 (North Kona): and 8 (South Kona (bl There shall be seven members on this commission. The commission shall r include one member each from districts 5 6 7. and 8 and three "at-lazge" members. The three "at-large" members shall be selected from among districts 5, 6. 7 and 8. These seven members shall be appointed by the mayor and confirmed bythe council in the manner prescribed in section 13-4. Each member shall be a legal resident and registered voter of the district which the member represents. In addition, the director of public works and the manager of the department of water supply. or their designated representatives. shall serve as ex-officio members of the leeward planning commission, without power to vote. Section 6-4.5. Duties and Functions of the Windward and Leeward Planning Commissions. (al Both commissions shall: r (1) Advise the mayor, council and the planning director on planning and land use matters pursuant to law and this charter. 3 (21 Review the eg neral plan, its amendments and other plans and modifications thereof and transmit such plans with recommendations thereon through the mayor to the council for consideration and action. (3) Review proposed subdivision and zoning ordinances and amendments thereto and transmit such ordinances with recommendations thereon throw the mayor to the council for consideration and action. (41 Conduct public hearings in every case prior to action on any matter upon which the commission is required by law or this charter to act. Notice of the time and place of the hearing shall be published at least ten days prior to such hearing in at least two daily newspapers of general circulation in the county. (5) Perform such other related duties and functions as may be necessary or required pursuant to law and this charter. (bl A uniform body of rules of procedure shall apply to both commissions. Uniform rules of procedure shall be adopted by a majority vote of the combined membership of the Windward Planning Commission and the Leeward Planning Commission. The existing rules of procedure of the Hawaii County Planning Commission, except for meeting places, shall apply to both commissions until the new uniform rules of procedure are adopted. (cl If a project involves matters within the iurisdiction of both the Windward and the Leeward Planning Commissions, such matters shall be heard jointly by both commissions and require action by the Windward Planning Commission and the Leeward Planning Commission. Each planning commission shall have iurisdiction and review rezoning ordinances within their respective areas and both commissions shall review changes to the zoning or subdivision codes.["] Section 6-4.6. Transitional Provisions. (al The existing Planning Commission shall remain in effect and continue to hear and decide matters pursuant to Section 6-4.3, Hawaii County Charter (2000), until April 1, 2009, the date upon which the Windward Planning Commission and the Leeward Planning Commission becomes effective. Matters pending before the existing Planning Commission that are not finally decided by April 1, 2009, will be transferred to the Windward or Leeward Planning Commissions, as appropriate to be finalized. (b) Members of the existing Planning Commission whose terms will not have expired on April 1, 2009, shall hold over and continue to serve the remainder of their respective terms on the Windward and the Leeward Planning Commissions, duly assigned according to their respective residence address. 4 (cl If there shall exist vacancies on either the Windward Planning Commission or the Leeward Planning Commission not filled by term hold over, the Mavor shall aoooint the remaining members of the Windward Planning Commission and the Leeward Planning Commission in accordance with Section 13-4, Hawaii Countv Charter (20001. SECTION 6. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included. SECTION 7. If any provision ofthis ordinance, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the provision or the application, and to this end, the provision ofthis ordinance are declared severable. SECTION 8. Upon adoption ofthis ordinance, this council, by appropriate resolution, shall provide that this amendment be submitted to the electorate of Hawaii county for approval at the 2008 general election. SECTION 9. The charter amendment orooosed in this ordinance shall take effect {~3}upon approval [ ] by a majority of voters voting thereon, as duly certified, and the Windward Planning Commission and Leeward Planning Commission shall become effective on Aoril 1, 2009 < ] SECTION 10. Upon taking effect, the Charter amendment proposed in this ordinance will not be applied retroactively but shall only affect matters initiated on -°°~1~~«° a°° ° ?6° F.~.d A,,.. •6..r .7..°.. f n .....°°L°«A «F i7.,..,.,: 1°..,,11...1:.7.... ?1.,.? « «7.° °cr ,7,.«° ,.r.l,:.. °_a:«..«,.,.] Auril 1. 2009. INTRODUCED BY: K. ANGEL PILAGO Hawaii Date of Introduction: Date of 1~` Reading: Date of 2"d Reading: Date of 3'd Reading: Effective Date: 5