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HomeMy WebLinkAboutORD 2008-001 2006-2008 MtV or N ~~~C COUNTY OF HAWAII STATE OF HAWAII 08 1 BILLNO. ins ORDINANCE NO. (DRAFT a ) 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 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 windwazd 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-fits-all" method of planning. This proposal would create a windwazd planning commission and a leeward planning commission based upon judicial districts and as demarcated by district boundazies 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 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; (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 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 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 leeward planning commission and the council on all planning and land use matters. [(kj] ~ Prepare a general plan, implementation plans and any amendments 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. ~ Render decisions on proposed subdivision plans pursuant to law. ~ Make recommendations on rezoning applications, special exceptions and other similar requests. ~ 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 [H-~-~2] 6-10.2, unless otherwise provided by law or this charter. [(-ij] ~ Perform such other related duties and functions as may be necessary or required pursuant to law and this charter." 2 SECTION 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 6-4.3, 6-4.4, 6-4.5, and 6-4.6 to read as follows: "Section 6-4.3. Windward Plannin¢ Commission. (a) There is established a windwazd planning commission that shall have jurisdiction over the area consistine 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 include one member from each of the judicial districts of Puna, South Hilo, North Hilo/Hamakua combined, and Ka`u and three "at-laree" members selected from these districts. Not more than two members, appointed from any one judicial 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 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 Plannin¢ Commission. (a) There is established a leeward planning commission that shall have jurisdiction over the area consistin¢ of the judicial districts of North Kohala, South Kohala, North Kona, and South Kona. (b1 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-lazee" members selected from these districts. Not more than two members, appointed from any one judicial 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 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 3 department of water supply, or their designated representatives, shall serve as ex-officio members of the leewardplannine commission, without power to vote. Section 6-4.5. Duties and Functions of the Windward and Leeward Plannin¢ Commissions. (a) Both commissions shall: (11 Advise the mavor, 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 mavor 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 mavor to the council for consideration and action. (4) Conduct public heazings in every case prior to action on any matter upon which the commission is required by law or this chazter to act. Notice of the time and place of the hearing shall be published at least ten days prior to such heazing 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 and procedure shall be adopted by a maiority vote of the combined membership of the windwazd planning commission and the leewazdplanning commission, meeting jointly. 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 aze adopted. (c) Each planning commission shall review and take action upon applications for land use changes and community development plans involving only property within their respective jurisdictions, other than those involving the general flan. 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 meetingjointly and action shall require the affirmative vote of a maiority of the combined membershi~of the two commissions. All amendments to the eg Hera] plan or the adoption of a new general plan shall be considered by each planning commission, meetine 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 4 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. ~ The existing planning commission shall remain in effect and continue to hear and decide matters pursuant to Section 6-4.3, Hawaii County Charter (20001, until April 1, 2009, the date upon which the windward planning commission and the leeward planning commission becomes effective. Matters pending before the existingplanning 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. (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 and the leewazd planning commissions, duly assigned according to their respective residence address. (c) If there shall exist vacancies on either the windward planning commission or the leewazd planning commission not filled by term hold over, the mayor shall appoint the remaining members of the windward planning commission and the leeward planning commission in accordance with section 13-4, Hawaii County Charter (20002." 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. 5 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: G~' ~l~ K. ANGEL P1L Kona , Hawaii Date of Introduction: October 3, 2007 Date of 1st Reading: October 17, 2007 Date of 2"d Reading: December 5 , 2007 Date of 3`d Reading: December 19, 2007 Effective Date: April 1, 2009 REFERENCE: Comm: 662._ 2,~_~ 6 RECEiVCi~ OFFICE OF THE COUNTY CLERK Oat~___ (Ij ~d County of Hawaii County Council`"` Kona, Hawaii Introduced By: ROLL CALL VOTE Date Introduced: AYES NOES ABS EX First Reading: Ford Published: Higa Hoffmann REMARKS: Ikeda Jacobson Naeole Pilago Yagong Yoshimoto Third Reading: December 19, 2007 To Mayor: December 28, 2007 ROLL CALL VOTE Returned: January 14, 2008 AYES NOES ABS EX Effective: April 1, 2009 Ford X Published: January 22, 2008 Higa X Hoffmann X REMARKS: Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 6 2 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted b the County Council publis d as indicated above. i APPROVED AS TO , FORM AND LEGALITY: ' COUNC/L ~'HAIRMAN -DEPUTY CO POR ION COUNSEL COUNTY OF HAWAII COUNTY ERK Date Z~ 175 (Draft 4) Bill No.: 't4. C-662.28/Waived - Council Approve~isapprovedthis ~ day Reference: Ord No.: ~8 1 aj ~ , 20 p MAYOR, COUNTY OF HAWAI `I OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii _ (Drafj~ ~ Introduced By: K. Angel Pilago ROLL ALL VOTE Datelntroduced: October 3, 2007 NOES ABS EX First Reading: October 17, 2007 Ford rl ~~'~C','.( Published: N/A Hi~~~J~~t X Hoffmann X REMARKS: October 3, 2007 - Postponed Ikeda X November 7, 2007 - Amended to Draft 4 Jacobson X and filed due to vote of 5 ayes / 4 noes Naeole X November 20, 2007 - Pending motion for Pilago X reconsideration Yagong X December 5, 2007 - Motion for Yoshimoto X reconsideration passes 7 1 1 0 Second Reading: December 5, 2007 (Draft 4) To Mayor: N/A ROLL CALL VOTE Returned: N/A AYES NOES ABS EX Effective: N/A Ford X Published: N/A X Higa Hoffmann X REMARKS: X Ikeda Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 6 1 2 0 I DO HEREBYCERTIFYthat the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND LEGALITY: COU [L CHAIRMA DEP~~F2P ATION COUNSEL COUNTY OF HAWAII COUN79t LERK Date ~ ~ 175 (Draft 4) Bill No.: .{(ti C-662.28/ Waived - Council Approv Disapproved this ~ O dam, Reference: f l~' Gn'L , 20 0 ~ Ord No.: 0 mil/ 01 ~YOR, COUNTY OFHAWAI`I Ordinances Numbered 08-1, 08-2, 08-3, 08-4, & 08-5 I hereby certify that the following Ordinances passed second and final reading at the meeting of the County Council on December 19, 2007, by vote, as listed below: Ordinance 08-1 (Bill 175, Draft 4): Ordinance to Initiate a Charter Amendment to Article VI, Chapter 4 of the Hawaii County Charter (2000), Establishing Windward and Leeward Planning Commissions. AYES: Council Members Ford, Jacobson, Naeole, Pilago, Yagong, and Chair Hoffmann - 6; NOES: Council Members Ikeda and Yoshimoto - 2; ABSENT: Council Member Higa - 1; EXCUSED: None. Ordinance 08-2 (Bi11190): An Ordinance Amending Chapter 25 (Zoning Code), Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Wind Energy Facilities Within the Open District. AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, and Chair Hoffmann - 7; NOES: None; ABSENT: Council Members Higa and Yoshimoto - 2; EXCUSED: None. Ordinance OS-3 (Bill 194, Draft 2): An Ordinance Amending Chapter 3, Article 1, Division 6, Section 3-22, Hawaii County Code 1983 (2005 Edition, as Amended) Relating to Variances. AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yoshimoto, and Chair Hoffmann - 7; NOES: Council Member Yagong -1; ABSENT: Council Member Higa - 1; EXCUSED: None. Ordinance OS-4 (Bi11200): An Ordinance to Amend Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Yeaz Ending June 30, 2008. AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 8; NOES: None; ABSENT: Council Member Higa - 1;EXCUSED: None. Ordinance 08-5 (Bill 201): An Ordinance to Amend Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Yeaz Ending June 30, 2008. AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 8; NOES: None; ABSENT: Council Member Higa - 1; EXCUSED: None. Case an County Clerk (Hawai`i Tribune-Herald -January 22, 2008) (West Hawaii Today - Januazy 22, 2008) Note: The original Digest/Affidavit is attached to Ordinance No. 08-1.