HomeMy WebLinkAboutCOM 0662.013 2006-2008 K Angel Pilago or Phone No.: (808) 327-3642
Council Vice Chair sY:''~~ ' Fax No.: (808) 329-4786
Council Member, District 8 E-Mail: kapilago@co.hawaii.hi.us
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HAWAII COUNTY COUNCIL
County of Hawai `i
Kai/ua Trade Center
75-5706 Hanama Place, Suite /09
Kai/ua-Kona, Hawaii 96740
DATE: October 10, 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. The proposed amendments incorporate
changes outlined in Communication No. 662.12, from Chris Yuen, Planning Director, dated
October 2, 2007 and non-substantive corrections that change references to "Planning
Commission", "Windward Planning Commission" and "Leeward Planning Commission" to
lower case.
The proposed changes to SECTION 5 of Bill 175, Draft 2, are ramseyered and shown in bold
font as follows:
"Section 6-4.3. Windward Planning Commission.
(a) There is established a windwazd planning commission that shall have
jurisdiction over the area [eee~Prised] consistine of the judicial districts
of tu......~ ~ ie,...a. ua,.~ ~ nv,...." ua,.~. ~ iu...,,.,1,,,..~....,a n
e e 1
Hal Puua, South Hilo, North Hilo, Hamakua, and Ka`u.
(b) There shall be seven members on this commission. The commission shall
include one member [eaeh] from each of the judicial districts [1~3~-3i-4;
anal-9] of Puna, South Hilo, North Hilo/Hamakua combined, and Ka`u
and [five] three "at-lazge" members selected from these districts. The
IF,.... 1........H I...,.....l, 11 4,., ....1..n4n.l C n .I:af,.i..kc 1 1 2
l f f f
~ °~a T"°°° members shall be appointed by the mayor and
confirmed by the council in the manner prescribed in section 13-4. Each
member reuresentina a district shall be a legal resident and registered
voter of [the] that district In addition,
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Rof. Uate
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Hawaii County /s An Equal Opportunity Provider And Employer
Pete Hoffmann, Chair
And Members of the Hawaii County Council
October 10, 2007
Page 2 of 4
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. Leewazd Planning Commission.
(a) There is established a leewazd plazming commission that shall have
jurisdiction over the azea [eeet~ised} consisting of the judicial districts
fC /N,...al. ll,.l...l..l G /C....~1. V..1...1..\. ^1 /N....FI. Y.....~L .....7 Q IC....a1.
l f f ,
f{ena~] of North Kohala, South Kohala, North Koua, and South Kona.
(b) There shall be seven members on this commission. The commission shall
include one member [eaeh] from each of the iudicial districts [3r-~'~
nn~l-8] of North Kohala, South Kohala, North Kona and South Kona
and three "at-large" members selected from these districts. The [thee
u,.4 1........fl ...1.........l...ll 1.......1....a...l P......... ...1:..4..:n4o G G 7 .....1
f f
Q.
Tome;.] 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 [the] 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 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
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) Perfonn such other related duties and functions as may be necessary or
required pursuant to law and this charter.
Pete Hoffmann, Chair
And Members of the Hawaii County Council
October 10, 2007
Page 3 of 4
(b) A uniform body of rules of practice and procedure, except for meetinc
places and times, shall apply to both commissions. Uniform rules of
practice and procedure shall be adopted by a majority vote of the
combined membership of the [ ]
windward plannine commission and the [heeward-F{~xit~g
Ee~issien] leeward planninc 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 practice and procedure aze adopted.
(c) [
Each plannin¢ commission shall review and take action upon
applications for land use chances and community development plans
involvinc only property within their respective iurisdictions, other
than those involvinG the General plan. If an application for a land use
chance or a community development plan includes land within the
jurisdiction of both the windward plannine commission and the
leeward plannine commission, the application shall be considered by
both commissions meetine iointly and action shall require the
affirmative vote of a majority of the combined membership of the two
commissions. All amendments to the General plan or the adoption of a
new General plan shall be considered by each plannine commission,
meetinti separately, and each commission shall make its own
recommendation to the council. Each plannine commission, meetinG
separately, shall make its own recommendations to the council on
chanties to the subdivision and zoninG codes and any other plannine
or land use matters which apply Generally and not to a specific area.
The planninti director shall determine which commission shall take
,Lrisdiction over any matters when not fully established by the
charter.
Section 6-4.6. Transitional Provisions.
(a) The existing [ ]plannine 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 [~Kindtvard
' ]windward plannine commission and the [l=eeward
Pete Hoffmann, Chair
And Members of the Hawaii County Council
October 10, 2007
Page 4 of 4
' ]leeward planning commission becomes effective.
Matters pending before the existing [ ] plannipg
commission that are not finally decided by April 1, 2009, will be transferred to
the [~i~dar~d] 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] windward and
the [ ]leeward planning commissions, duly
assigned according to their respective residence address.
(c) If there shall exist vacancies on either the ( ]
windward plannin¢ commission or the [ ]
leeward planning commission not filled by term hold over, the [I14ayer] mayor
shall appoint the remaining members of the [ ]
windward plannin¢ commission and the [ ]
leeward planning commission in accordance with [Seetiea] section 13-4,
Hawaii County Charter (2000)."
A copy of the bill that incorporates the proposed amendments is attached. In this attachment the
differences between this bill, as amended by this floor amendment, and the language in the
existing County Charter aze 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 particulazly affecting the leewazd region of Hawaii County. It is estimated
that most of the construction and development occurring in leewazd Hawaii is the result of
rezoning applications approved many yeazs ago. Baseline information indicates that the
windwazd district is also experiencing an unprecedented rise in development activity and
infrastructure pressures similaz to that which has manifested in leewazd Hawaii over the yeazs.
This alarming rate of growth affecting both the windward and leeward 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 leewazd 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 boundazy of South Hilo and Puna, to be
styled the South Hilo district;
(C) From the boundazy 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 windwazd planning commission, a leewazd
plannine commission and the necessary staff"
SECTION 3. Article VI, chapter 4, section 6-4.2, of the Hawaii County Chazter (2000),
relating to the Plazming Director, is amended as follows:
"Section 6-4.2. Planning Director.
~ The plazming 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 leewazd
plazmine commission and the council on all planning and land use
matters.
[(b)] ~ Prepaze a general plan, implementation plans and any aznendments
thereto in accordance with section 3-15.
~ Prepaze proposed zoning and subdivision ordinances, zoning maps and
regulations and any amendments thereto.
~ Review the lists of proposed capital improvements contemplated by
agencies of the county and recommend the order of their priority.
[(ej] ~ Administer the subdivision and zoning ordinances and regulations
adopted thereunder.
[(-f~] ~ Render decisions on proposed subdivision plans pursuant to law.
[(g)] ~ Make recommendations on rezoning applications, special exceptions
and other similar requests.
[(-k)] ~ Render decisions on proposed vaziances pursuant to law, except that, if
any written objections aze made to the planning director's actions
under this section, said actions shall be subject to review by the boazd
of appeals in accordance with section [Fi-19:x] 6-10.2, unless otherwise
provided by law or this chazter.
[(-i)] ~ Perform such other related duties and functions as may be necessazy or
required pursuant to law and this charter."
SECTION 4. Article VI, chapter 4, section 6-4.3 of the Hawaii County Chazter (2000),
relating to the Planning Commission, is repealed.
2
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 Planning Commission.
(a) There is established a windward planning commission that shall have
jurisdiction over the area consistin og f the judicial districts of Puna, South
Hilo, North Hilo, Hamakua, and Ka`u.
(b) There shall be seven members on this commission. The commission shall
include one member from each of the judicial districts of Puna, South
Hilo, North Hilo/Hamakua combined, and Ka`u and three "at-lazce"
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 Hower to vote.
Section 6-4.4. Leeward Plannine Commission.
~ There is established a leewazd plazming commission that shall have
jurisdiction over the azea consisting of the judicial districts of North
Kohala, South Kohala, North Kona, and South Kona.
(bl There shall be seven members on this commission. The commission shall
include one member from each of 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
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 leewazdplanning
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.
(21 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.
(31 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.
3
(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.
Perform such other related duties and functions as may be necessary or
reauired 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 majority vote of the
combined membership of the windwazd planning commission and the
leeward planning commission, meetingjointly. 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 practice and procedure are adopted.
~ Each planning commission shall review and take action upon applications
for land use changes and communi development plans involving only
property 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
windward 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 majority of the combined
membership of the two commissions. All amendments to the eg petal plan
or the adoption of a new eg petal plan shall be considered by each planning
commission, meeting separately, and each commission shall make its own
recommendation to the council. Each planning commission, meeting
separately, shall make its own recommendations to the council on changes
to the subdivision and zoning 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 jurisdiction over any
matters when not fully established by the charter."
Section 6-4.6. Transitional Provisions.
(a) The existing planning commission shall remain in effect and continue to heaz
and decide matters pursuant to Section 6-4.3, Hawaii County Charter (2000j,
until April 1, 2009, the date upon which the windward planning commission and
the leeward planning commission becomes effective. Matters pendin bg efore
the existing planning commission that aze not finally decided by April 1, 2009,
will be transferred to the windwazd or leeward planning commissions, as
appropriate to be finalized.
Members of the existingplanning 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 windwazd and the leeward planning
commissions, duly assigned according to their respective residence address.
4
(cl If there shall exist vacancies on either the windwazd plannine commission
or the leeward plannine commission not filled by term hold over, the
mayor shall appoint the remaining members of the windward planning
commission and the leewazd planning commission in accordance with
section 13-4, Hawaii County 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 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 1 S` Reading:
Date of 2"d Reading:
Date of 3`d Reading:
Effective Date:
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