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Home My WebLink AboutCOM 0662.015 2006-2008 K Angel Pilago ~~,,~~s a Phone No.: (808) 327-3642 Council Vice Cbair fP,.''~~~~` Fax No.: (808) 329-4786 CouncitMember, Dishicr8 E-Mail: kapilago@co.hawaii.hi.us HAWAII COUNTY COUNCIL County of Hawai `i Kailua Trade Center 75-5706HanamaPiace, Suite ]09 Kailua-Kona, Hawaii 96790 DATE: October 18, 2007 TO: Pete Hoffmann, Council Chair And Council Members FROM: K. Angel Pilago, ~ / ~ Council Member ~ ` l.'y/~~, yet/;~ RE: Bill 175, Draft 3 (Relating to an Or 'nance to Initiate a Charter Amendment to Article VI, Chapter 4, of the Hawaii County Charter (2000), Establishing Windward and Leeward Planning Commissions) Attached is Bill 175, Draft 3, relating to an ordinance to initiate a charter amendment to establish windwazd and leeward planning commissions. This draft contains the amendments to Draft 2 of Bill 175 that were proposed in communication no. 662.13 and approved by the County Council during its meeting held on October 17, 2007. These amendments, that were made 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 [esntryrised] consistin¢ of the iudicial districts of[ , , , (-Ktt`-aal Puna, South Hilo, North Hilo, Hamakua, and Ka`u. (b) There shall be seven members on this commission. The commission shall include one member [each] from each of the iudicial districts ''~T andsl] of Puna. South Hilo. North Hilo/Hamakua combined, and Ka`u and [twe] three "at-large" members selected from these districts. The [.,rv "u,. m, syff w,o u,.ao w P«....... d:n4..:nan 1' ~f' 2' " T~'°°- members shall be appointed by the mayor and confirmed by the council in the manner prescribed in section 13-4. Each member reoresentina a district shall be a legal resident and registered voter of [the] that district [ In addition, the director of public works and the manager of the department of water ~ ~ ~ Comm. No.=~.= ate l1 Si flr. ,3~ Ref. To: Prosest~i Raf. Uate OCT^ 1,_ 7 Hawai `i County /s An Equal Opportunity Provider And Employer Pete Hoffmann, Chair, and Council Members October 18, 2007 Page 2 of 4 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 [eem~ised} consistine of the judicial districts [ , s ~ Keu~] 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 [eaeh] from each of the judicial districts and-S] of North Kohala. South Kohala. North Kona and South Kona and three "at-large" members selected from these districts. The [three «n? In....nff ...I.n-.....~nll I.n nnlnnln.l C..n.« n A.'nh...nfn G L 7 n...1 f Q. members shall be appointed by the mayor and confirmed by the council in the manner prescribed in section 13-4. Each member re~resentin¢ 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) Perform such other related duties and functions as may be 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 Pete Hoffmann, Chair, and Council Members October 18, 2007 Page 3 of 4 practice and procedure shall be adopted by a maj ority vote of the combined membership of the ] windward planning commission and the [I~eewaed-Ilanning Ee~issien] leeward alanning commission, meeting iointly. The existing rules of uractice 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. (c) [ Each planning commission shall review and take action uuon aoalications for land use changes and community develoament clans involving only urooerty within their resaective iurisdictions, other than those involving the general plan. If an auolication for a land use change or a community develoament plan includes land within the iurisdiction of both the windward planning commission and the leeward alanning commission, the aaalication shall be considered by both commissions meeting 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 Ulan shall be considered by each planning commission, meeting seoarately. and each commission shall make its own recommendation to the council. Each ulanning commission, meeting seoarately, 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 iurisdiction 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 hear and decide matters pursuant to Section 6-4.3, Hawaii County Charter (2000), until April 1, 2009, the date upon which the (~4tindwar~ ' ]windward alanning commission and the (Leeward ' ]leeward alanning commission becomes effective. Matters pending before the existing [ ]planning commission that are not finally decided by April 1, 2009, will be transferred to Pete Hoffmann, Chair, and Council Members October 18, 2007 Page 4 of 4 the [~4tindwar~] 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 [~Kindwar~] 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 alarming commission not filled by term hold over, the [I14syeF] mayor shall appoint the remaining members of the ] windward planning commission and the [ ] leeward planning commission in accordance with [Seetiee] section 13-4, Hawaii County Charter (2000)." A copy of Bill 175, Draft 3 that incorporates the amendments noted above is attached. In this attachment the differences between this bill, as amended by this floor amendment, and the language in the existing County Charter, are ramseyered. KAP/mpd Att.