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Home My WebLink AboutORD 2008-071 2006-2008 ~ ~~~ti~r COUNTY OF HAWAII ~ STATE OF HAWAII . . ~t~~OF~HI?~ BILL N0. X66 ~ DRAFT 3 ORDINANCE N0. ~ ~ 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 1•eview 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 the planningdirector's recommendation on a draft communitk development Plan or any amendment thereof, the planning commission shall transmit the draft community d, evelopment 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 modif cations, or rei ection of the community development plan or any amendment. In the event the plate 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 communit dy_evelopment 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. -1- SECTION 5. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCILS MBER, COUNTY OF HAWAII 71l 1 Kona , Hawai `i Date of Introduction: Apr 1 1 9, 2 0 0 8 Date of 1st Reading: April 9~ 2 0 0 8 Date of 2nd Reading: May 7, 2 0 0 8 Effective Date: May 2 0, 2 0 0 8 r ~~CE; COmm:....~78~ 4 -2- OFFICE OF THE CO~.INTY CLERK County of Hawaii Kona, ~Hawai `1 G 0g # Y 1 ,cn t . Introduced By: Bob Jacobson L C L VO Date Introduced: Ap r i 1 9, 2 0 0 8 NO`S ABS EX First Reading: Ap r i 1 9, 2 0 0 8 Ford x~ i r-- • f Higa a M ~ ~ Published: N/A Hoffinann X REMARKS: Ikeda X April 22. 2008 -Amended to Draft 3 & Jacobson X held over pursuant to Council Rule 25 (e) Naeole X Pilago X Yagong X Yoshimoto X 8 0 1 0 Second Reading: May 7, 2 0 0 8 To Mayor: May 15 , 2 0 0 8 ROLL CALL VOTE Returned: May 21, 20 0 8 AYES NOES ABS EX Effective: M av 2 Q; 2 0 Q 8 Ford X T Published: May 3 0, 2 0 0 8 Higa X Hoffmann X REMARKS: Ikeda X ~ _ Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 8 0 1 0 I DO HEREBY CERTIFYthat the foregoing BILL was adopted by the County Council published as indicated above. ~ APPROVED AS TO FORM AND LEGALITY: ~ ~y, COUNCIL C AI N r DEPUTY CORP RATI COUNSEL COUNTY OF HAWAI`f " COUNTY 'LERK Date 266 (Draft 3) Bill No.: C-1078.4/PC-79 rove Disa roved this ~ ~ a+ay Reference: t'P pP Ord No.: of M _ ~ZO~~ YOR, ~ry ~ TY OF HA WAI `I Ordinances Numbered 08-71, 08-72, 08-73, 08-74, 08-75, 08-76, & 08-77 I hereby certify that the following Ordinances passed second and final reading at the meeting of the County Council on May 7, 2008, by vote, as listed below: Ordinance 08-71(Bi11266, Draft 3): 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. AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 8; NOES: None; ABSENT: Council Member Higa -1; EXCUSED: None. Ordinance 08-72 (Bi11274); An Ordinance Amending Ordinance No. 95 55 Which Reclassified Lands from Agricultural -10 Acres (A-l0a) and Agricultural - 3 Acres (A-3a) to Agricultural -1 Acre (A-1 a) at Waiakea, South Hilo, Hawai' i, Covered by Tax Map Key 2-2-48:93 and Portion of 13. AYES: Council Members Ford, Ikeda, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 7; NOES: Council Member Jacobson - l; ABSENT: Council Member Higa- l; EXCUSED: None. Ordinance 08-73 (Bi11275): An Ordinance to Amend Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 8; NOES: None; ABSENT: Council Member Higa - l; EXCUSED: None. Ordinance 08-74 (Bill 282): An Ordinance to Amend Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 8; NOES: None; ABSENT: Council Member Higa - l; EXCUSED: None. Ordinance 08-75 (Bill 286): An Ordinance to Amend Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawai' i for the Fiscal Year Ending June 30, 2008. AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 8; NOES: None; ABSENT: Council Member Higa - l; EXCUSED: None. Ordinance 08-76 (Bill 287): An Ordinance to Amend Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 8; NOES: None; ABSENT: Council Member Higa - l; EXCUSED: None. Ordinance 08-77 (Bill 288): An Ordinance Amending Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2007 to June 30, 2008. AYES: Council Members Ford, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 7; NOES: Council Member Ikeda- l; ABSENT: Council Member Higa - l; EXCUSED: None. :Casey Jarman County Clerk (Hawai` iTribune-Herald -May 3 0, 2008) (West Hawaii Today -May 30, 2008) N- ote: The original Digest/Affidavit is attached to Ordinance No. 08-71.