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Home My WebLink AboutCOM 0662.012 2006-2008 tra~ .,!....14 Kim Christopher J. Yuen Mayor Director BradKurokswa,ASLA o LEED®AP !~l ~~~~Yj Deputy Director PLANNING DEPARTMENT 101 Pauahi Street, Sui[e 3 Hilo, Hawau 96720-0224 (808) 961-8288 FAX (808) 961-8742 October 2, 2007 M1= h -i Honorable Pete Hoffmann Chair and Presiding Officer and Members of the County Council COUNTY COUNCIL 333 Kilauea Avenue, Second Floor Hilo, HI 96720 Deaz Chair Hoffinann and Members of the County Council: SUBJECT: BILL 175, DRAFT 2, PROPOSING CHARTER AMENDMENT ESTABLISHING 2 PLANNING COMMISSIONS After further reviewing Bill 175, Draft 2, presenting a charter amendment for two planning commissions, I would suggest some changes for clarity. Shared Jurisdiction. The charter amendment should specify what happens in various situations where it might not be cleaz which planning commission has jurisdiction, or whether the planning commissions would meet together or separately to consider an issue. There aze several different situations: 1. The obvious situation where the land use permit, change of zone, or state land use boundary amendment involves property entirely within the area covered by one of the commissions. In this case, only the commission with membership from the affected area would take action either final action, in the case of certain land use permits, such as the SMA permit, special permits, or use permits~r a recommendation, in the case of a rezoning or state land use boundary amendment. (See discussion of the General Plan below.) Comm. No. ~ ~ ~C~~ Ref. To:_~hQ~l LUU! Ref. Uate Hawai'i County is an Fqual Opportunity Provider and Employer. Honorable Pete Hoffmann Chair and Presiding Officer and Members of the County Council COUNTY COUNCIL Page 2 October 2, 2007 2. Where the property is in both the Leewazd and Windward Planning Commission's areas-where it straddles the boundary line, for example. While this is likely to be very rare, the Charter should specify what happens. I suggest that such actions be jointly done by the two planning commissions, meeting together, and that action require a majority vote of the combined membership of the two commissions. (This is the same approach as in Bill 175, draft 2). 3. General Plan amendments. I suggest that each commission, acting separately, should make recommendations on all General Plan amendments, even when they affect property only within the area of one commission, such as an amendment to the LUPAG map. The General Plan is supposed to be an island-wide document that guides the coordinated development of the island as a whole. The LUPAG map, for example, is one map covering the entire island. In the comprehensive review of the General Plan, it would be very awkwazd to try to sepazate the parts of the General Plan that deal with one side of the island or another and have them voted on separately by each commission. Having both commissions consider all General Plan amendments will also help to keep both commissions familiar with the General Plan and all changes made to it. In any event, the planning commissions are only making a recommendation on General Plan amendments. The council has the final say. 4. Community development plans. These should be heard by only the planning commission with jurisdiction over the area, like rezoning ordinances. 5. Changes to the zoning or subdivision codes that are specific to a geographical azea, for example, height limits in certain areas. These should only be considered by the one planning commission that has jurisdiction over the azea. 6. Changes to the zoning or subdivision code that are not specific to a geographical area, such as street standards in the subdivision code or permitted uses within a zoning district in the zoning code. This is the typical situation. Both planning commissions, meeting separately, should consider these and make recommendations to the council. 7. Rules of practice and procedure. These should be uniform throughout the county, so these should require a majority vote of the combined membership of the two commissions, meeting jointly. (This is the approach taken by Bill 175, Draft 2). Honorable Pete Hoffinann Chair and Presiding Officer and Members of the County Council COUNTY COUNCIL Page 3 October 2, 2007 Generally, it will be cumbersome for the two commissions to meet together, so under this proposal, this would occur only to consider changes to the rules, and when a land use approval involved property within the jurisdiction of both commissions. Judicial Districts To reduce confusion, the Charter amendment should use the term "judicial district" when refemng to South Hilo, Puna, and the other districts. While the "purpose" clause of the ordinance refers to the judicial districts, Bill 175, draft 2 does not contain this term in the portion that would actually go into the charter. The term `judicial districts" is used elsewhere in the Charter to differentiate from council districts, for example, in the section on the Reapportionment Commission. North Hilo Representation Although this is a small issue, it is not really fair to require that one member must come from the judicial district of North Hilo (whose boundaries aze between Hakalau and O'okala.) North Hilo, in the 2000 census, had a population of 1720, compared to 47,386 in South Hilo, 31,335 in Puna, 6108 in Hamakua, and 5827 in Ka'u, which are also assured of only one member each. It would be fairer to say that one member must come from the combined districts of North Hilo and Hamakua. The mayor could, of course, still select the district representative from North Hilo, and could select at-lazge members from North Hilo or any other district. To accomplish the suggestions above, the attached amendments are proposed: Amend section 5 of Bill 175 to read as follows: SECTION 5. Article VI, chapter 4, of the Hawaii County Charter (2000), relating to the Planning Deparhnent, is amended by adding new sections 6-4.3, 6-4.4, 6-4.5, and 6-4.6 to read as follows: " 6-4.3. Windward PlanninE Commission. ( al There is established a windwazd plannine commission that shall have jurisdiction over the area consisting of the iudicial districts of Puna, South Hilo, North Hilo, Hamakua, and Ka'u. Honorable Pete Hoffmann Chair and Presiding Officer and Members of the County Council COUNTY COUNCIL Page 4 October 2, 2007 (b) There shall be seven members on this commission. The commission shall include one member from the judicial districts of Puna, South Hilo, North Hilo/Hamakua combined and Ka'u and three "at-large" members selected from these districts. The members shall be appointed by the mayor and confirmed by the council in the manner prescribed in section 13-4. Each member representing a district shall be a legal resident and registered voter of that district. 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 consisting of the judicial districts of North Kohala, South Kohala, North Kona, and South Kona. (b) There shall be seven members on this commission. The commission shall include one member from the judicial districts of North Kohala, South Kohala, North Kona, and South Kona and three "at-lazge" members selected from these districts. The members shall be appointed by the mayor and confirmed by the council in the manner prescribed in section 13-4. Each member representing a district shall be a legal resident and re isg tered voter of that district. 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: (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 manor to the council for consideration and action. Honorable Pete Hoffrnann Chair and Presiding Officer and Members of the County Council COUNTY COUNCIL Page 5 October 2, 2007 ( 3) Review proposed subdivision and zoning ordinances and amendments thereto and transmit such ordinances with recommendations thereon through the mayor to the council for consideration and action. (4) 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 maybe necessary or required pursuant to law and this charter. ( b) A uniform body of rules of practice and procedure, except for meeting places and times shall apply to both commissions. Uniform rules of practice and procedure shall be adopted by a maiority vote of the combined membership of the Windwazd Planning Commission and the Leeward Planning Commission, meeting iointly. The existing rules of practice and procedure of the Hawaii County Planning Commission, except for meeting places shall apply to both commissions until the new uniform rules of procedure aze adopted. (c) Each planning commission shall review and take action upon applications for land use changes and community development plans involving onlyproperty within their respective iurisdictions other than those involving the General Plan. If an application for a land use change or a community development plan includes land within the jurisdiction of both the Windwazd Planning Commission and the Leewazd Planning Commission, the application shall be considered by both commissions meetingjointly and action shall require the affirmative vote of a maiority of the combined membership of the two commissions. All amendments to the Genera] Plan or the adoption of a new General Plan shall be considered by each planning commission, meeting sepazately, and each commission shall make its own recommendation to the council. Each planning commission meeting sepazately, shall make its own recommendations to the council on changes to the subdivision and zonine codes and any other planning or land use matters which apply generally and not to a specific area. The planning director shall determine which commission shall take iurisdiction over any matters when not fully established by the charter. Honorable Pete Hoffmann Chair and Presiding Officer and Members of the County Council COUNTY COUNCIL Page 6 October 2, 2007 <Remainder of Section 5 to follow Bill 175, Draft 2.> Sincerely, /J ~ CHRISTOPHER J. EN Planning Director CJY:pak Wpwin60/Chas 07/HOffmann -Planning Commission Charter Amendments.doc cc: County Clerk Legislative Auditor Ms. Maile David Corporation Counsel