HomeMy WebLinkAboutCOM 0662.011 2006-2008 K Angel Pilago ~4v.o6„ Phone No.: (808) 327-3642
~ ~ ~°•e+ Fax No.: 808 329-4786
Council 6'ice Chair ~
Council Member, Disrrict 8 ~'~ibr~ E-Mail ka ila o c co.hawaii.hi.us
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HAWAII COUNTY COUNCIL
County of Hawai `i
Karlua Trade Center
75-5706 Hanama Place, Suite 109
l~ailua-Kona, Hawaii 96740
DATE: September 27, 2007
TO: Pete Hoffmann, Council Chair
and Members of the Hawaii County Council
FROM: K. Angel Pilago
Council Member
RE: Proposed Amendment to Bill 175, Draft 2 (Relating to an Ordinance to 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, Draft 2. This amendment would amend the
portion of the bill that proposes adding a new section 6-4.5 to the Hawaii County Charter
(2000). This new' section defines the duties and functions of the proposed Windward and
Leeward Planning Commission. This proposal results from the Committee on Planning's
discussion of September 18, 2007 regarding this matter.
My proposed changes to section 6-4.5 of the Charter; as presently set out in Draft 2 of Bill l 75,
are ramseyered and shown in bold font as follows:
"Section 6-4.5. Duties and Functions of the Windward and Leeward Planning
Commissions.
(a) Both commissions shall:
(1) Advise the mayor, council and the planning director on planning and land
use matters pursuant to law and this charter.
(2) Review the general 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, dvithin their respective areas, and transmit such ordinances with
recommendations thereon through the mayor to the council for
consideration and action.
Coavictn. Igo. •
Rif. To: ~r~~~~~
Fdawai`r County /s An Equal Opportunity Provi~terAnd Employer
Pete Hoffmann, Chair
And Members of the Hawaii County Council
September 27, 2007
Page 2 of 2
(4) Review the zoning code and subdivision code, its amendments and
modifications thereof and transmit recommendations thereon through
the ma or to the council for consideration and action.
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.
6~Perform such other related duties and functions as may be necessary or
required pursuant to law and this charter.
(b) [~-n-i€e] Uniform [~ed~-ef] rules of procedure shall apply to both
commissions[. iT-°'r^°-°V° ^f ^'-^^^a•~~-°] and shall be adopted by a
majority vote of the combined membership of the Windward Planning
Commission and the Leeward Planning Commission. [''~~i]
Existing rules of procedure of the Hawaii County Planning Commission,
and aw~licable provisions of ~Iaw. Rev. Stat. X92-15 (hoards and
commissions; quorum; number of votes necessary to validate acts),
except for meeting places, shall apply to both commissions until [tl~] new
uniform rules of procedure are adopted.
(c) Projects that [ice;=azs] involve matters within the
jurisdiction of both the Windward and the Leeward Planning
Commissions and matters of island-wide concern, [c~~~j shall
be heard [j-ei~t-~g~] by= [ ] as well as require~oint
action by the Windward Planning Commission and the Leeward Planning
Commission. [
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(d~ The p~lannin~ director, as chief plannin officer, shall determine
matters that require joint action of both commissions."
A copy of the bill that incorporates the proposed amendment is attached. In this attachment the
differences between the amendment proposed in this bill and the language in the existin~Y
Charter are ramseyered.
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 COMMISSIONS.
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 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 leeward Hawaii over the years.
This alarming rate of growth affecting both the windward and leeward areas of I-Iawai`i 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 clear 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 of Hawaii 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 years' training and experience in a
responsible planning position, or a degree in planning, engineering,
architecture, geography or another planning-related field and three years'
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 department and shall:
~ Advise the mayor, the windward planning commission, the leeward
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.
[¢d3J ~ 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.
~ Render decisions on proposed subdivision plans pursuant to law.
[¢-g~] ~ Make recommendations on rezoning applications, special exceptions
and other similar 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 [C-I-9-2] 6-10.2, unless otherwise
provided by law or this charter.
~ Perform such other related duties and functions as may be necessary or
required pursuant to law and this charter."
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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, 6-4.5, and 6-4.6 to read
as follows:
"Section 6-4.3. Windward Plannin Commission.
There is established a windward planning commission that shall have
jurisdiction over the area comprised of districts 1 (Puna); 2 (South Hilo); 3
(North Hilo); 4 (Hamakua); and 9 (Ka`u).
(b) There shall be seven members on this commission. The commission shall
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 amok
districts 1, 2, 3, 4 and 9. These seven members shall be appointed b~he
mayor 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 planning commission, without power to vote.
Section 6-4.4. Leeward Planning Commission.
(a) There is established a leeward planning commission that shall have
jurisdiction over the area comprised of districts 5 (North Kohala); 6 (South
Kohala); 7 North Kona (South Kona).
(b) There shall be seven members on this commission. The commission shall
include one member each from districts 5, 6, 7, and 8 and three "at-large"
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 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
leeward planning commission, without power to vote.
Section 6-4.5. Duties and Functions of the Windward and Leeward
Planning Commissions.
(a) 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.
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~2) Review the eneral plan, its amendments and other plans and
modifications thereof and transmit such plans with recommendations
thereon through the mater to the council for consideration and action.
(3) Review proposed subdivision and zoning ordinances and amendments
thereto, within their respective areas, and transmit such ordinances with
recommendations thereon through the mayor to the council for
consideration and action.
~4) Review the zoning code and subdivision code, its amendments and
modifications thereof and transmit recommendations thereon through the
mayor to the council for consideration and action.
(5) 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 rior
to such hearing in at least two daily newspapers of general circulation in
the county.
(6) Perform such other related duties and functions as may be necessary or
required pursuant to law and this charter.
fib) Uniform rules of procedure shall apply to both commissions and shall be
adopted by a majority vote of the combined membership of the Windward
Planning Commission and the Leeward Planning Commission. Existing
rules of procedure of the Hawaii County Planning Commission, and
applicable provisions of Haw. Rev. Stat. X92-15 (Boards and
commissions; quorum; number of votes necessary to validate acts ,except
for meeting places, shall apply to both commissions until new uniform
rules of procedure are adopted.
~c) Pro,~ects that involve matters within the jurisdiction of both the Windward
and the Leeward Planning Commissions and matters of island-wide
concern, shall be heard by, as well as require joint action by the Windward
Planning Commission and the Leeward Planning Commission.
(d) The planning_director, as chief plannin~~officer, shall determine matters
that require ioint action of both commissions.
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 (20002
until April 1, 2009, the date upon which the Windward Planning Commission and
the Leeward Planning Commission becomes effective. Matters pendin b
the existing Planning Commission that are not finally decided b~pril 1, 2009,
will be transferred to the Windward or Leeward Planning Commissions, as
appropriate to be finalized.
fib) 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
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of their respective terms on the Windward and the Leeward Planning
Commissions duly assigned according to their respective residence address.
If there shall exist vacancies on either the Windward Planning Commission
or the Leeward Planning Commission not filled by term hold over, the
Mayor shall a,~point the remaining~members of the Windward Planning,
Commission and the Leeward Planning Commission in accordance with
Section 13-4 Hawaii County Charter (2000)."
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 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 effect without the provision or the application, and to this end,
the provision of this ordinance are declared severable.
SECTION 8. Upon adoption of this 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 proposed in this ordinance shall take effect 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 April 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 April 1, 2009.
INTRODUCED BY:
K. ANGEL PILAGO
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Date of 3rd Reading:
Effective Date:
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