HomeMy WebLinkAboutBIL 175 Draft 03 2006-2008 ~Y 0I
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COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. 175
ORDINANCE NO. 1D~T 3)
ORDINANCE TO INITIATE A CHARTER AMENDMENT TO ARTICLE VI, CHAPTER 4,
OF THE HAWAII COUNTY CHARTER (2000), ESTABLISHING WINDWARD AND
LEEWARD PLANNING CONIMISSIONS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION I. 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 occumng in leeward Hawaii is the result of
rezoning applications approved many yeazs ago. Baseline information indicates that the
windward 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 alazming rate of growth affecting both the windward and leeward azeas ofHawai`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 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;
(II) 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 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 years'
experience in a responsible planning position. No less than three years'
experience shall have been in an administrative capacity.
(l~ 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
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.
Review the lists of proposed capital improvements contemplated by
agencies of the county and recommend the order of their priority.
~ Administer the subdivision and zoning ordinances and regulations
adopted thereunder.
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 aze 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 [H-1-0-2] 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."
SECTION 4. Article VI, chapter 4, section 6-4.3 of the Hawaii County Charter (2000),
relating to the Planning Commission, is repealed.
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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 windwazd planning commission that shall have
jurisdiction over the area consisting of 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
T include one member from each of 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 bXthe 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 consistin
og f 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
T include one member from each of the judicial districts of North Kohala,
South Kohala. North Kona and South Kona 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
I3-4. 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 sup~v, or their desi ng ated
representatives shall serve as ex-officio members of the leewazd planning
commission, without power to vote.
Section 6-4.5. Duties and Functions of the Windward and Leeward
Planning Commissions.
(a) Both commissions shall:
T (1) Advise the mayor, council and the planning director on planning and land
use matters pursuant to law and this charter.
(2) 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
through the mayor to the council for consideration and action.
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(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 heazing shall be published at least ten days prior
to such heazing 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 b~joritkvote 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 meetingplaces, shall apply to both commissions until the new
uniform rules of practice and procedure are adopted.
(cl Each planning commission shall review and take action upon applications
for land use changes and community development plans involving only
propertywithin their respective jurisdictions. other than those involvine
the tie neral 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 leeward planning commission,
the application shall be considered by both commissions meeting jointly
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 general 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
sepazately, shall make its own recommendations to the council on chanties
to the subdivision and zoning codes and any other planning or land use
matters which apply~enerally and not to a specific azea. The plannin¢
director shall determine which commission shall take jurisdiction over any
matters when not fully established by the charter.
Section 6-4.6. Transitional Provisions.
(al The existingplanning 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 are not finally decided by April 1. 2009
will be transferred to the windward or leeward planning commissions. as
avpropriate to be finalized.
(bl Members of the existing_planning commission whose terms will not have
expired on April I, 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.
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(cl If there shall exist vacancies on either the windwazd planning commission
T or the leeward planning commission not filled by term hold over, the
mayor shall appoint the remaining members of the windward nlannine
commission and the leeward 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 declazed 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 Leewazd 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 Y:
K. ANGEL P GO
Hawaii
Date of Introduction:
Date of l~` Reading:
Date of 2"d Reading:
Date of 3rd Reading:
Effective Date:
REFERENCE: Comet: 66,E
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