HomeMy WebLinkAboutBIL 195 Draft 01 1996-1998OFFICE INFORMATION ONLY
Meeting: Council — August 28, 2002
Action: Deferred (never taken back up)
Re: Bill 195 ('1996-1998 term); Comm. 701; PC -103 (report not adopted)
COUNTY OF HAWAJI STATE OF HAWAII
BILL NO. 195
ORDINANCE NO.
AN ORDINANCE AMENDING THE COUNTY OF HAWAII GENERAL PLAN,
ORDINANCE NO. 89 142, AND AS AMENDED BY ORDINANCE NO. 90 71,
RELATING TO THE GENERAL PLAN AMENDMENT PROCEDURES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The current General Plan amendment procedures are difficult
to understand and that certain portions are also in conflict with the County Charter. The
County Charter states that only the County Council and the Planning Director are able to
initiate amendments to the General Plan, while the General Plan states that the County
Council, Planning Director, and members of the general public may propose or initiate General
Plan amendments. The purpose of this bill is to make the amendment procedures more
understandable and also to amend the procedures to make it consistent with the County
Charter.
SECTION 2. The County of Hawaii General Plan, Section 6 of Ordinance No. 89 142,
and further amended by Ordinance No. 90 71, is amended to read as follows:
"SECTION 6. Amendment Procedures. Pursuant to [sub section 3-[16] j_5 (c), Hawaii
County Charter, the following amendment procedures for the General Plan are established:
[A. Amendment pursuant to comprehensive review.
(1) Within 45 days of a ten-year lapse from the date of adoption of the
County General Plan, the Planning Director shall, upon notification to
the County Council, initiate the comprehensive review required of and
by the General Plan.
(2) In proceeding with the comprehensive review, the Planning Director
shall give notice of the comprehensive review to the Planning
Commission, Council, and the general public. The notice shall state:
(a) The general scope of review;
(b) The ability for the Public and Council to provide their input to
the Planning Director within 45 days after the date of the
notification.
(3) Upon receipt of suggestions from the public, the Planning Director shall
review the General Plan, the assumptions upon which the policies were
drawn, including the suggestions for change. Within 90 days the
Planning Director may propose draft amendments, and shall give
notification to the County Council and the public of any proposed
amendments.
(4) Within 30 days of notification of proposed amendments, the Planning
Director shall conduct a public workshop on proposed amendments prior
to submitting it to the Planning Commission, and shall allow the public
an opportunity to provide comments on the proposed amendments
through an additional 30 day period.
(5) The Planning Director, within 30 days of the completion of the public
review period, shall initiate and forward proposed amendments to the
Planning Commission for its review and recommendation.
(6) Within sixty days of receipt of the Planning Director's proposed
amendment(s), the Planning Commission shall hold a public hearing on
the proposed amendment(s). During the hearing and based on public
testimony received, the Planning Commission may request the Planning
Director to consider specific modification to any proposed amendment or
to initiate within sixty days any new proposed amendment. If the
Planning Director modifies a proposed amendment or initiates a new
proposed amendment upon the Planning Commission's request, the
Planning Commission shall hold further hearing on such matters,
together with any proposed amendment originally submitted. Within
sixty days of the conclusion of the public hearing, the Planning
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Commission shall submit to the Council its comments and
recommendation on any proposed amendment initiated by the Planning
Director.
(7) The Council shall review the Planning Commission's recommendation
and act on the Planning Director's proposals. The Council shall request
the Planning Director to consider its specific modifications to any
proposed amendment or to initiate a new proposed amendment. Within
60 days of the request, the Planning Director shall forward to the
Planning Commission either a recommendation for a denial, modification
to a proposed amendment or shall initiate the new proposed amendment.
(8) A public hearing on the proposed revisions and/or recommendations by
the Planning Director shall be conducted by the Planning Commission
within 60 days of its receipt from the Planning Director. Within 60 days
of the closing of the public hearing, the Planning Commission shall
forward the Director's proposed modifications, amendments, and
recommendation together with its recommendations to the County
Council for their action.
(9) Failure by the Planning Commission or the Planning Director to respond
within the designated time period shall not preclude the Council from
acting on its proposed amendments.
(10) During the comprehensive General Plan review, the Planning Director
may defer action to any petition to amend the General Plan filed pursuant
to section 6 P. and on any request to study a proposed General Plan
amendment submitted pursuant to section 6(P)(3). However, any
deferral by the Planning Director shall not extend beyond a period of one
year and, in any case, shall not extend beyond the completion date of the
comprehensive review as set forth in section 6 A.
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F. Interim amendments.
(1) Members of the general public, the Council, and the Planning Director
may propose or initiate, as the case may be, amendments to the General
Plan at any time other than during the comprehensive review period.
(2) Members of the general public may propose amendment to the General
Plan goals, policies, and standards by filing a written petition with the
Planning Director. In addition, the property owner may, by similar
petition, propose an amendment to the land use pattern allocation map
covering land held by that property owner. For purposes of this section,
"property owner" means a person having an interest in title to the
affected land and includes the holder of a lease interest in the affected
land, where such lease interest is not due to expire until after ten years
following the date of the filing of the petition.
(a) A petition to amend the General Plan shall be filed with the
Planning Director and shall include:
(1) A filing fee of $100 to cover the administrative costs of
processing the petition;
(2) A statement of the nature of the petitioner's interest;
(3) A draft of the language of the proposed amendment;
(4) An environmental impact statement;
(5) A statement of the reasons for granting the proposed
change, supported by a written, documented analysis of
the General Plan and using all pertinent elements upon
which the General Plan is based; and
(6) Graphs, plot plan, and other supportive information.
(b) Upon receipt of a properly filed and completed petition, the
Planning Director shall have one hundred eighty days in which to
study the petition to take one of the following actions:
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(1) Recommend the approval of the petition, stating the
reasons for such approval; or
(2) Recommend the denial of the petition, stating the reasons
for such denial.
(c) In the event the Planning Director recommends the approval of
the petition, the Planning Commission shall hold a public hearing
on the petition within sixty days of the date of recommendation.
Within sixty days after the close of the hearing, the Planning
Commission shall forward its comments and recommendation to
the Council.
(d) If the Planning Director recommends the denial of the petition,
the Planning Commission shall hold a public hearing on the
petition within sixty days of the date of recommendation. Within
sixty days after the close of the hearing, the Planning
Commission shall forward its comments and recommendation to
the Council. Upon receipt of the Planning Commission's
recommendation, the Council may, within thirty days, consider
the petition upon a two-thirds vote of the entire membership of
the Council. If the petition is not considered by the Council
within the thirty -day period, the Planning Director shall certify
the petition to be officially denied. The proposed amendment
shall be adopted upon two-thirds vote of the entire membership of
the Council.
(e) If a petition is officially denied, the same or a substantially
similar petition may not be submitted for consideration within one
year following such denial, unless the petitioner submits
significant new data or additional reasons which the Planning
Director may find to be a sufficient basis for the petition to be
considered.
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(3) The Council may initiate amendments to the General Plan pursuant to the
following procedure:
(a) The Council may, by resolution, require the Planning Director
or, when appropriate, another qualified body to conduct a study
to determine the feasibility of a proposed amendment.
(b) The Planning Director or the qualified body shall have one
hundred eighty days or a longer period, as may be agreed to by
the Council, to submit a completed feasibility study to the
Council.
(c) Upon receipt of the feasibility study, the Council shall have sixty
days to review and act on the study. The Council may, by
resolution, direct the Planning Director to initiate the proposed
amendment. The Planning Director shall then initiate the
proposed amendment in the manner applicable to a petition in
accordance with sections 6 B(2)(c) and 6 B(2)(d). If the Council
does not direct the Planning Director to initiate the proposed
amendment, the same or substantially similar proposal may not be
considered within one year following the end of the Council's
sixty-day review.
(4) The Planning Director shall initiate proposed amendments to the General
Plan in the manner applicable to amendments proposed during the
comprehensive General Plan review, as set forth in section 6 A(2),
except with regard to those provisions relating solely to the
comprehensive review.
C. Rules and Regulations.
The Planning Director shall promulgate rules and regulations to implement this
procedure.]
I on
m h iv evi w.
W The Planning Director shall initiate a com mkm vie revAgw of the
General Plan every ten years after the initial date of a o tti�o on f the
General Plan.
The Planning Director shall give motic,& of the corms -re-kadive review to
the Cou=t Council. Pla ili �on�ar�i�sion and the eneral Pu lic The
notice shall state:
W TLeeg neral scope of rgview:
e abbility for the Com - i� 1, P anajng--C-QmuajujQnaW
the eneral public to Provide their commeUt&,Vjd suggestions to
the Plawkug Director.
(0 The initiation date, schedule of events. an time for completion
of the review Period which shall be no more than one year
�..3 U on COMpletiOn Df ft r vi wriod e
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districts of the County.
W The Planning Director mmaY tb itiatc Proposgd amendmen tot e
General Plan a d mall submit the aid onts to Ilig plamiW9
The Plan C s g s iiconduct a public heari c tie
opQsed a and e is to the General Plap withi ,s'J t r-dic
date of receipt Qf the Proposed amendments.
The Planning Commission shall submit its rec mmadatim. tQ.getkter with
the Pla M g Director's Proposal within forty five m frm ft 00C Qf
tl�e Public nearing. Thel PlMing Commission shall recommend
approval, in whole or in part or rejection of the proposal for cha es
the General Plan
The County Commil shall review t e amendments sub 'tt d bytthe
Planning Director and the recommendation of the Planning Commion
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The County Council ray adopt the changes Prof seed by tbte M j
Director. luding gfly ModificalignS,1 ns r WditippI d
necessary by the CoLiM Council,
B. InterimAmen(inaents-
W County Count
T 1 ndments t lap at any
fi..mg o t n during the co�nsive review ptz sunt to thg
Ulowing procedures:
Oa The County Council may, by re5olugign, direct the Planning
Dizrcctor to conduct a study to determine lite geasibil't�v of a
The Planning Director sltlly&Qne hundred ei1 . d
longer period, as may be agreed to by the County C=cjjJD
sub c-g=leted feasibility study and reQQWVagUdAfiQn_DMAhg
County Council's proposal fo t�Plwjjn�ssion far its
review and recommendaior, If ft Pljn� Director
recommends an approval, _the Director shall also sqbmft_a_dmft
rdbaace for consideration and action by the CountyCcznncil.
O The Planning_C_Qm njsslorl shall conduct a public h� ng.m-ft
ro d -amendment within forty fivg days of re f the
kasibili y study and recommendation from tie Pla ng Director
The l'fission shall submit its recommit do n
fe-a-s-it)-flity study and rQgQmmndatiQn to the County ouncil
wi InoQrty_five days from the close of the he.in.
The County Cou it shall review the ro�osed ame �i
acordance with its rules of practice and Procedure except that a
reco��ndation for denial byte Pln,i; Directorslll x�do
a two thirds maiority vote for approval
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PlanningDke�tor.
The Plann' Directgr ma�tiate a amendmeAA the eneral
Plan at any r v� iew
LW ThQ P1a n Director shy conduct wog c�sl on o osed
amendment prior to submiU'n it to tt Plea n Cymmd im
O The Pla Director Aha 1 s mbwjtthe prQposed ammdmwt to
e�Corn , &% for its review recd r ezAdation
The Plaz�� Commission shall cond cwt ammP lAc hey A w'
forty five days from the data f rece'p pf time pgi
W The PhInning-Corm ion shall submit its ion
to a lI:er with the Panning Director's pro o al to e County
Council within forty five days from the closr, of the earim
L. The County Council shat view the Prnposed a_mendra,ent
or ance with its rules of practigg and proce ure
kD General Public.
U A member of the public may submit a DetitiQn newgstiw the
Pring Director f��nitiate an amend�i„�nt to the General Plar.�at
anti xe of r tl�n dur-le cQmnrehensive rey�ew.
kW Thepcttjon requesting the amendment shaU include:
Q A filing fee of $500.00 to cova ft admini atafive cot o
ii A statement of the nature of the proposed amendment;
Cf Oi A draft of the language of the proposed m-dua=-
IFO
the relationsjDs of t e proposed changewith pert' ga
elements of the Qencr�l Plan: and
w
(A Maps, graphs, plot plan and o er su ortive
information.
Lc) Upon receipt of a prg >l erly filed and Comr�leted peti i n the
Plai Director shj have oneed h"us in wh'c�h to
iake oneof the fql gwirAYaction.�
Q Reject the ,petition for M amendment
Cl il II iiia -e an amgndwat to the Genera Plan
W Should the Pla' e Director initiatQ-an amendagnt the Planing
Director shall then transmit the proposed a= dment to c
Planning Commission for its r_eyic a --d recoeadtiOn.
U The Imam Commission shall con uct aublic hearing on the
proposed amendment within forty five days of recut -of the,
Zf T e�iambmit its recoendation�n
the proposed amn_dment to the Count Council within fgyfive
days from the close of thr, tcaxing.,
T e CQuW Council shall revigwr os d auxudmgnLip
accordance with its rules of practice andrp occde
U In tthe event that the Planning Director re gcts a pcjition for an
M Cl
0 In the event that apetition is denied by the Countyqu cin 1 the
me or a substantially sim'iar i)etition ,mav not b d for
consideration within one year followinng such d-e-wl, unless thg
petidg.Mr submits significant new der additional reasons
which the Planni Director may find to be a suff„&i= basis fqr
the petition to be coni red.
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C. Rules aW Re,gulatims.
The Planni g Di�ecWr and the Planning Qmmission s all rp omulgatCmales and
regulations ent the amen meat procedures."
SECTION 3. Material to be deleted is bracketed. New material is
underscored.
SECTION 4. In the event that any portion of the ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
ti- 4 N .t CO W, 701
APPROVED AS TO F#iEOALITY:
CORPORATION COUNSEL
Date:
NCIL MEMBER
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