HomeMy WebLinkAboutCOM 1078.001 2006-2008
Harry Kim Christopher J. Yuen
Mayor Director
o:.
Brad Kurokawa, ASLA
LEEIO AP
Tounfij of "Rafu2ttT Deputy Director
PLANNING DEPARTMENT
101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-4224 c
(808) 961-8288 • FAX (808) 961-8742
On -T7
March 24, 2008 -
CD
Cz 03
Honorable Angel Pilago, Chair
And Members of the Committee on Planning
COMMITTEE ON PLANNING
333 Kilauea Avenue, Second Floor
Hilo, HI 96720
Dear Chair Pilago and Members of the Committee on Planning:
SUBJECT: BILL 266 - PROCEDURE FOR ADOPTION OF COMMUNITY
DEVELOPMENT PLANS
We currently have four community development plans (CDP's) nearing completion.
According to the process set out in the General Plan, these must be reviewed by the
Planning Commission before they go to the Council for final adoption. The Planning
Commission makes a recommendation to the Council. The Council can make changes
but they must give the Steering Committee a chance to comment on any substantive
changes.
Unlike other matters that go to the Planning Commission, there was no set deadline for
the Planning Commission to take action on a community development plan. The
Planning Department suggested a bill to deal with that issue. Our original version said
that the Planning Commission would have 60 days from the receipt of the CDP to make a
recommendation. If it could not make a decision by that time, it would go to the Council
with a negative recommendation. In considering this bill, the Planning Commission
voted to increase the time frame to 90 days.
The Planning Department continues to believe that the original 60 day timeframe is
adequate, given that there has been a great deal of opportunity for public involvement in
Comm. No. /071r e
Ref. To: PnNOW P
Ref. Date MAP 2 4 7nnR
Hawaii County is an Equal Opportunity Provider and Employer.
Honorable Angel Pilago, Chair
And Members of the Committee on Planning
COMMITTEE ON PLANNING
Page 2
March 24, 2008
the CDP's, including the opportunity to testify at every Steering Committee meeting. 60
days is enough time for the Planning Commission to consider the CDP at three meetings,
at least. We have enclosed a proposed draft 2 of Bill 266 which would provide for the 60
day timeframe.
Sincerely,
C~
CHRISTOPHER4I.. tEN
Planning Director
CJY:pak
Wpwin60/Chris 08 - PILAGO - BILL 266 - PROCEDURE FOR ADOPTION OF CDPS
Attachment
tV of
COUNTY OF HAWAII STATE OF HAWAII
•hoi'wi''~
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 7, HAWAII COUNTY CODE
1983 (2005 EDITION, AS AMENDED), RELATING TO THE PLANNING
COMMISSION'S REVIEW OF A DRAFT COMMUNITY DEVELOPMENT PLAN OR
AMENDMENTS THEREOF.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this ordinance is to provide a time frame for the
Planning Commission to review and submit its recommendation to the County Council on a draft
community development plan or any amendment thereof.
SECTION 2. Chapter 2, Article 7, Hawaii County Code 1983 (2005 Edition, as amended)
is amended by adding a new Section 2-28A to read as follows:
"Section 2-28A. Community Development Plan.
Within sixty days after receipt of a draft community development plan or any amendment
thereof, the planning commission shall transmit the draft community development plan or
any amendment with its recommendation through the mayor to the county council. The
commission shall recommend approval in whole or in part, with or without modifications,
or rejection of the community development plan or any amendment. In the event the
planning commission fails to act on the community development plan or amendment
within the sixty-day period, such inaction shall be considered as an unfavorable
recommendation by the planning commission, and the community development plan or
amendment shall then be submitted through the mayor to the county council with such
recommendation."
SECTION 3. New material is underscored. In printing this ordinance, the underscoring
need not be included.
SECTION 4. 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 that can be given effect without the invalid provision or application, and to this
end, the provisions of this ordinance are declared to be severable.
-I-
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
-2-