HomeMy WebLinkAboutBIL 175 Draft 04 2006-2008 M~v or y,~
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COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. i~5
ORDINANCE NO. (°RAFT a ~
ORDINANCE TO INITIATE A CHARTER AMENDMENT TO ARTICLE VI, CHAPTER 4,
OE THE HAWAII COUNTY CHARTER (2000), ESTABLISHING WINDWARD AND
LEEWARD PLANNING COMMISSIONS.
BF, IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L
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 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 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-tits-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:
"...Q) "fhe 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 Yuna, to be
styled the South Hilo district;
(C) From the boundary of the Hamakua and North Hilo to the I lakalau stream, to
be styled the Norih 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 (?000),
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 Yive 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:
[(aj] ~ Advise the mayor, the windward planning commission, the leeward
planning commission and the council on all planning and land use
matters.
[(bj] ~ Prepare a general plan, implementation plans and any amcndments
thereto in accordance with section 3-15.
[(c~] ~ Prepare proposed zoning and subdivision ordinances, zoning maps and
regulations and any amendments thereto.
[(dj] ~ 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.
[(fj] Render decisions on proposed subdivision plans pursuant to law.
~ Make recommendations on rezoning applications, special exceptions
and other similar requests.
[(hj] ~ 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 [~9-~] 6-10.2, unless othenvisc
provided by law or this charter.
[(-t~] ~ Perform such other related duties and functions as may be neccssary or
required pursuant to law and this charier."
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SEC"PION 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 6-43, 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 consisting of the judicial districts of Puna, South
Hilo, North Hilo, Hamakua, and Ka`u.
fib) 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-large"
members selected from these districts. Not more than two members,
appointed from any one iudicial district, shall serve on the windward
planning commission.
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
d~artment of water supply, or their designated representatives, shall serve
as ex-officio members of the windward~lanning 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.
(b) 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-large" members
selected from these districts. Not more than two members, appointed
from any one iudicial district, shall serve on the leeward planning
commission.
The members shall be appointed by the mayor and confirmed by the
council in the manner prescribed in section 13-4. Each member
r~resenting 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
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d~artment 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
Plannin¢ Commissions.
(a) Both commissions shall:
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 manor 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.
{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
practice andprocedure shall be adopted by a majority vote of the
combined membership of the windward planning commission and the
leeward planning commission, meetin i¢ ointly. 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.
(c) Each planning commission shall review and take action upon applications
for land use changes and community development plans involvingonly
property within their respective jurisdictions other than those involving
the eg 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 general 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, meetiuQ
s~arately shall make its own recommendations to the council on chances
to the subdivision and zoning codes and any other planning or land use
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matters which apply eenerally 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 6-43, Hawaii County Charter (2000),
until April 1, 2009, the date upon which the windward planning commission and
the leeward plannine commission becomes effective. Matters pendin bg efore
the existingplanning commission that are not finally decided by April 1, 2009,
will be transferred to the windward or leeward plannine commissions, as
appropriate to be finalized.
(bl Members of the existine plannine commission whose terms will not have
expired on Aril 1, 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.
(c) If there shall exist vacancies on either the windward plannine commission
or the leeward plannine commission not filled by term hold over, the
mayor shall appoint the remainine members of the windward plannine
commission and the leeward planning commission in accordance with
section 13-4, Hawaii County Charter (2000)."
SEC"PION 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.
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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:
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C~t
K. ANGEL PILA
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Date of 3`d Reading:
Effective Date:
REFEREtJCE: Comm: 662.28
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