HomeMy WebLinkAboutBIL 064 Draft 01 2008-2010COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. ~a
ORDINANCE NO.
AN ORDINANCE TO AMEND CHAPTER 2, CHAPTER 6, CHAPTER 23, CHAPTER
25, CHAPTER 28, AND CHAPTER 34, HAWAII COUNTY CODE 1983 (2005 EDITION,
AS AMENDED) RELATING TO THE CONVERSION FROM A SINGLE PLANNING
COMMISSION TO 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 amend six chapters of the
Hawaii County Code that make reference to a single planning commission.
Ordinance No. 08-01 initiated a potential Hawaii County Charter (hereinafter "Charter")
amendment that would primarily create two planning commissions where there was previously
one to serve the county. The electorate approved this measure, thus creating windward and
leeward planning commissions, thereby requiring that certain portions of the Hawaii County
Code (hereinafter "the Code") be amended to reflect that Charter amendment.
The Charter amendment did not contain provisions for what constitutes a quorum for any
meeting of the commissions, whether acting independently or jointly. Section 2-28 of the Code,
as it pertained to a single commission, stated that a majority of the voting members of the
planning commission constitutes a quorum for the purpose of conducting business. Therefore,
section 2-28 is amended in accordance with the previous provision as it now pertains to separate
meetings of the windward and leeward planning commissions, and require a majority of each
commission to be present to constitute a quorum for the purposes of any joint meeting.
Section 2-31, subsection (a) and (c) of the Code are proposed for deletion in their
entirety. Subsection 2-31(a) provides for the preparation, submittal, and approval processes for
the general plan. This section was codified prior to the general plan's adoption on December 5,
1971, to provide the planning director, planning commission, and the council the authority and
duty to create the general plan. As a general plan has been adopted and subsequently amended on
several occasions, section 2-31, subsection (a) is no longer pertinent and can be deleted in its
entirety. Subsection (c) provides for a public hearing process for the submittal of a genera] plan,
and amendments thereto, to the council. This subsection was also implemented for the creation
of a general plan, which has occurred. The general plan contains specific provisions for its
amendment (chapter 16), including public hearing requirements.
Section 2-32, subsection (a) of the Code, relating to subdivision regulations, is similarly
amended by deleting enabling language that provided the planning director, planning
commission, and the council the authority and duty to create general ordinances regulating the
development of subdivisions. As such enacted ordinances are codified in chapter 23 of the Code,
language was added to clearly articulate the role of the planning commissions with relation to
any amendment of chapter 23, as provided for by the Charter. Such amendments are also made to
section 2-33, subsection (a), relating to zoning regulations codified in chapter 25 of the Code.
Section 2-33 was further amended with consideration for amendments that relate to zoning
district classifications, rather than general zoning regulations.
Section 2-35 of the Code, relating to general reports to the public and an annual report to
the council, is deleted in its entirety. This section is obsolete, as the planning department issues a
comprehensive report that covers the requirements of this section.
SECTION 2. Chapter 2, article 7, section 2-27, Hawaii County Code 1983 (2005
Edition, as amended) is amended to read:
"Section 2-27. [ .] Windward and leeward plannine commissions.
~ There shall be a [° ~'°~ m°a° ~ °f ~ °m''°~°] windward planning
commission and a leeward planning commission, each made up of seven members as
provided for by Charter. The [Gerrxnissien] windward and leeward planning commissions
shall:
(1) Perform such duties as are prescribed by the Charter.
(2) Perform such other duties as are assigned to it by state law or this Code.
[(~](b)The windward planning commission shall [^~] administer, adjudicate and
authorize payment from the Geothermal asset fund and claims made against the Geothermal
asset fund, provided that no payments shall be made nor obligation incurred for any claim
for which there are insufficient funds in the Geothermal asset fund to satisfy. No claim made
pursuant to this subsection will be deemed a claim against the County nor will the payment
of any claim be construed as an admission of fault by the County or its officers, employees
or agents.
[(-0~](~ [T~~a] These commissions may incur expenses as are necessary to carry out
these duties for which an appropriation has been made by the council. The planning director
shall provide the [eernenissien] windward and leeward planning commissions with such
administrative support as is necessary."
SECTION 3. Chapter 2, article 7, section 2-28, Hawaii County Code 1983 (2005
Edition, as amended) is amended to read:
"Section 2-28.Quorum; meetings.
(a) The majority of the voting members of the windward planning commission shall constitute a
quorum for the transaction of business and for the exercise of the powers and authority
conferred upon [the] this commission. All actions of the windward planning commission
shall require the affirmative vote of a majority of its members.
(b) The majority of the voting members of the leeward planning commission shall constitute a
quorum for the transaction of business and for the exercise of the powers and authority
conferred upon this commission. All actions of the leeward planning commission shall
require the affirmative vote of a majority of its members.
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(c) For those matters requiring a joint meeting of the windward and leeward planning
commissions, as provided for in the Charter, a majority of each commission's voting
members shall constitute a quorum. All actions of a joint meeting of these commissions
shall require the affirmative vote of a majority of their combined membership.
[(kj](~The [setNmissien] windward and leeward planning commissions shall each hold at least
one meeting in each month [
(e) Pursuant to the Charter, a uniform body of rules of practice and procedure, except for
meeting places and times, shall be adopted by a majority vote of the combined membership
of the windward planning commission and leeward planning commission, meeting jointly.
Any rule adopted for the transaction of business shall be consistent with the laws of the
State and the ordinances of the County."
SECTION 4. Chapter 2, article 7, section 2-28.1, Hawaii County Code 1983 (2005
Edition, as amended) is amended to read:
"Section 2-28.1. Community development plan.
Within sixty days afrer receipt of the planning director's recommendation on a draft
community development plan or any amendment thereof, either the windward or leeward
planning commission, or both meeting as a joint commission as provided for in the Charter, shall
transmit the draft community development plan or any amendment with its recommendation
through the mayor to the County council. The designated commission, or joint 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 desi ng ated planning
commission, or joint 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-plarmi~g] that commission, and the community development plan or amendment shall
then be submitted through the mayor to the County council with such recommendation."
SECTION 5. Chapter 2, article 7, section 2-29, Hawaii County Code 1983 (2005
Edition, as amended) is amended to read:
"Section 2-29. Records of findings required; location of office.
(a) The [c-erutt}issiej3] windward and leewardplanning commissions shall keep [^ ^^'~~]
public records of [its] their findings and determinations[.-], whether acting independently or
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(b) The office of the [eerr~rnissieu] windward and leeward planning commissions shall be in the
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[t~~] a consensus of both commissions determined by an affirmative vote of a
majority of the combined membership, with the approval of the council. Any such vote shall
occur only during a joint meeting of both commissions."
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SECTION 6. Chapter 2, article 7, section 2-30, Hawaii County Code 1983 (2005
Edition, as amended) is amended to read:
"Section 2-30. Publication of notice.
Whenever published notice of either a [Gerrnxiissie»] windward or leeward plannin¢
commission meeting is required, it shall be provided in accordance with state law. This section
shall also appl t~v joint meeting of the windward and leeward planning commissions."
SECTION 7. Chapter 2, article 7, section 2-31, Hawaii County Code 1983 (2005
Edition, as amended) is amended to read:
"Section 2-31. General plan; [PrepsrrntieFr;] contents; location.
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[(~]~The general plan shall include a map of the County and shall contain a statement of:
(1) Development objectives, standards and principles with respect to the most desirable
use of land within the County for residential, recreational, agricultural, commercial,
industrial, and other purposes;
(2) The. most desirable density of population in the several parts of the County; a system of
principal thoroughfares, highways, streets, and other public open spaces; the general
location, relocation, and improvement of public buildings;
(3) The general location and extent of public utilities and terminals, whether publicly or
privately owned, for water, sewers, light, power, transit, and other purposes;
(4) The extent and location of public housing projects;
(5) Adequate drainage facilities and control; and
(6) Such other matters as may, in the council's judgment, be beneficial to the social,
economic, and governmental conditions and trends, and which are designed to assure
the coordinated development of the County and to promote the general welfare and
prosperity of its people.
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The general plan shall be kept on file [in-the oFF~° ~F''-° ~~~--~~°~~~~] at the planning
department."
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SECTION 8. Chapter 2, article 7, section 2-32, Hawaii County Code 1983 (2005
Edition, as amended) is amended to read:
"Section 2-32. Subdivision regulations.
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[T~] Regulations provided for under this section and as codified in chapter 23 of
this Code shall coordinate streets within subdivisions with other existing or planned streets, or
with other features of the general plan for the adequate and convenient placing of open spaces for
traffic, utilities, access for fire-fighting apparatus, recreation, light and air, and for the avoidance
of congestion of population, including minimum width and area of lots, and for a proper
distribution of population and traffic which will tend to create conditions favorable to public
health, safety, and morals. All such regulations shall be enacted as ordinances of the County and
published as provided by law. Pursuant to the Charter, the windward and leeward planning
commissions shall meet separately and provide separate recommendations on any amendment to
subdivision reQrrlations."
SECTION 9. Chapter 2, article 7, section 2-33, Hawaii County Code 1983 (2005
Edition, as amended) is amended to read:
"Section 2-33. Zoning regulations; amendments.
(a)
'^« ~'^ ^~~«^~~^' «°^~~'^'~^^^'^] Regulations provided for under this section and as codified
in chapter 25 of this Code shall regulate and limit the height and bulk of buildings, to
regulate and determine the area of yards, courts and other open spaces, and to regulate and
restrict the location of trades and industries and the location of buildings designed for
specific uses or creating districts for any such purposes. The regulations shall be enacted as
ordinances of the County and published as provided by law. Pursuant to the Charter, the
windward and leeward planning commissions shall meet separately and provide separate
recommendations on any amendment to zoning regulations.
(b) The director, with the approval of either the windward or leeward planning commission, or
both acting iointly, as provided in the Charter, may initiate at any time or upon application
as provided in section 2-34 and recommend to the council the adoption of an ordinance
amending or repealing any zoning regulation or the enactment of a new ordinance regulating
land uses after a public hearing is held. Published notice of the hearing shall be given in the
manner provided in section 2-30.
(c) Notwithstanding any provision in this section, any ordinance regulating land use and
affecting lands in a redevelopment project area shall be amended without the necessity of a
public hearing to conform to the approved redevelopment plan upon acquisition of the lands
by the Hawaii redevelopment agency in accordance with section 53-6, Hawaii Revised
Statutes."
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SECTION 10. Chapter 2, article 7, section 2-34, Hawaii County Code 1983 (2005
Edition, as amended) is amended to read:
"Section 2-34. Application for changes or new provisions.
(a) Any application for a change, amendment or other modification or addition to any zoning
ordinance may be filed with the director by the owner or lessee holding under a recorded
lease of any real estate affected by any such ordinance or to be affected by the proposed
changes, upon depositing with the director the sum of $100 to cover all necessary costs.
(b) When all the preliminary procedures have been complied with, the director shall refer the
application to [the] either the windward or leeward planning commission[.], or both acting
iointly, as provided in the Charter. The desi ng ated commission, or both commissions if so
required by Charter, shall consider and act upon the application by holding a public hearing,
published notice of which shall be given in the manner provided by law."
SECTION 11. Chapter 2, article 7, section 2-35, Hawaii County Code 1983 (2005
Edition, as amended) is deleted in its entirety:
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SECTION 12. Chapter 2, article 35, section 2-176, Hawaii County Code 1983 (2005
Edition, as amended) is amended to read:
"Section 2-176. Creation of fund.
(a) Pursuant to section 10-12, Hawaii County Charter, a special Fund to be known as the
geothermal asset fund is created.
[(~j]~The Geothermal asset fund shall be funded by payments made by Puna Geothermal
Venture, a Hawaii Partnership, its successors or assigns and the State of Hawaii for the
purpose of compensating persons impacted by geothermal energy development activities
pursuant to the provisions incorporated in Geothermal Resource Permit No. 2.
[(~]~c,2Payments from the asset fund shall be administered and expended in accordance with
rules, regulations, and procedures developed for that purpose and adopted by the [1Iawai°r
]windward plannin¢ commission in accordance with chapter
91. Hawaii Revised Statutes.
[(~}](d~Expenses incurred by the windward planning commission such as administrative costs
related to geothermal resource permits, geothermal development compliance activity, and
processing of claims against the asset fund shall not be charged to the asset fund.
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[(d)]~All interest and earnings accrued from the money and assets deposited in the asset fund
shall be expended for the purposes for which this fund has been created.
[(t~]~f No claim made pursuant to this section will be deemed a claim against the county, nor
will the payment of any claim be construed as an admission of fault by the county or its
officers, employees or agents.
[(f)]~ The denial of any claim made under this Geothermal Asset Fund, in whole or in part,
shall not prevent the claimant from pursuing any other remedy at law against the geothermal
permittee and State of Hawai`i."
SECTION 13. Chapter 6, article 1, section 6-3, Hawaii County Code 1983 (2005
Edition, as amended) is amended to read:
"Section 6-3. Referral to planning commission.
[~] Before final action is taken by the council, the application and related maps and
documents will be referred to either the windward or leeward planning commission [rvhieh
shalh] , or both acting iointly, as provided in the Charter. The desi ng ated planning commission,
or joint commission, shall:
(1) Study the proposed project in relation to any zoning ordinances, statutes, general plan,
and policies and rules and regulations of the planning commission.
(2) Conduct a public hearing on the application, pursuant to provisions governing public
hearings under this Code.
(3) Submit its recommendation to the council."
SECTION 14. Chapter 6, article 3, section 6-27, Hawaii County Code 1983 (2005
Edition, as amended) is amended to read:
"Section 6-27.License application; initial; transfer.
(a) Application for an initial mobile home park license shall be filed with and issued by either
the windward or leeward planning commission[.-], or both acting iointly, as provided in the
Charter. The application shall be in writing, signed by the applicant and shall include the
following:
(1) The name and address of the applicant;
(2) The location and legal description of the mobile home park; and
(3) [
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(4 )] Such further information as maybe requested by the desi ng ated planning commission,
or ioint commission, to enable it to determine if the proposed park will be compatible
with existing and proposed land uses and complies with all legal requirements.
(b) If the applicant is of good moral character, and the proposed mobile home park will, when
constructed or altered in accordance with such plans and specifications, be in compliance
with all provisions of this article and all other applicable statutes, ordinances, and
regulations, the desi n~ planning commission, or ioint commission, may approve the
application, and upon completion of the park according to the plans shall issue the license.
A ruling b~joint commission shall require the affirmative vote of a maiority of the
combined membership of both commissions.
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(c) Upon application in writing for transfer of a license, the designated planning commission, or
joint commission, shall issue a transfer if the transferee is of good moral character."
SECTION 15. Chapter 23, article 1, section 23-3, Hawaii County Code 1983 (2005
Edition, as amended) is amended by deleting the definition for "Commission":
SECTION 16. Chapter 23, article 3, division 4, section 23-49, Hawaii County Code
1983 (2005 Edition, as amended) is amended to read:
"Section 23-49. Street names.
No street name shall be used which may duplicate or may be confused with the name of
an existing street in the County, provided that identical or similar names may be used to name
extensions of existing streets. Street names shall conform to the adopted policy of the County
and shall be subject to the approval of [*"° ° ~a °a°~'~°~ °f ° ° "~~ ~"° ~ ~~' ]
either the windward or leeward planning commission, or both acting jointly, as provided in the
Charter, and shall further require adoption by the council."
SECTION 17. Chapter 25, article 1, section 25-1-5, subsection (b), Hawaii County
Code 1983 (2005 Edition, as amended) is amended by amending the definition of "Commission"
to read:
""Commission" means either the windward planning commission or the leeward planning
commission[.-], or both acting as a joint commission, as provided for in the Charter."
SECTION 18. Chapter 25, article 6, division 6, section 25-6-63, Hawaii County Code
1983 (2005 Edition, as amended) is amended by amending subsection (c) to read:
"(c) Corridor management plan.
Within twenty-four months after the adoption of the resolution, the director shall
complete a corridor management plan and enabling ordinance, which will be forwarded to
the [planning] commission for its recommendation to the Hawaii County council. A scenic
corridor management plan is a written document that assesses the intrinsic qualities of the
corridor and specifies actions, procedures, controls, and administrative as well as
community strategies that will be pursued to maintain those qualities. Special conditions
and standards developed for an individual scenic corridor shall be included as part of the
enabling ordinance. Elements of the corridor management plan will include:
(1) Vision and goals statement.
(2) A map identifying scenic corridor boundaries and the location of intrinsic qualities and
different land uses within the scenic corridor.
(3) An assessment of such intrinsic qualities and their context.
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(4) An assessment of needs and expectations.
(5) An assessment of anticipated transportation, economic, environmental, and social
impacts.
(6) Strategies for economic development and marketing of the scenic corridor.
(7) Strategies for maintaining and enhancing the corridor's intrinsic qualities.
(8) Strategies for community participation.
(9) Identification of organizations, agencies, and individuals to be consulted in the
planning process.
(10) Identification of regulatory and non-regulatory tools recommended that could aid in the
implementation of the scenic corridor management plan. The evaluation and selection
of tools needed to protect and/or enhance the corridor should be based on the following
criteria:
(A) The ability to insure that new development is consistent with the conditions and
standards established for the scenic corridor, while maintaining the property
[ewers] owner's rights to reasonable use of the property;
(B) The ability to provide the appropriate degree of development and aesthetic
control needed to preserve and enhance quality of the corridor; and
(C) The ability to provide flexible, diverse, and suitable regulatory and non-
regulatory tools and techniques to a variety of circumstances.
(11) Specific time schedules for plan implementation.
(12) Standards for building design, signage, and roadway elements. In the case where the
transportation corridor has not been built, the corridor management plan may include
special design standards for the corridor development.
(13) Methods for interpreting and protecting significant resources.
(14) Identification of potential funding sources.
(15) Provisions for termination of the corridor management plan if it is not implemented."
SECTION 19. Chapter 25, article 6, division 6, section 25-6-63, Hawaii County Code
1983 (2005 Edition, as amended) is amended by amending subsection (d) to read:
"(d) The director shall forward the corridor management plan and a proposed scenic corridor
enabling ordinance to the [phg] commission together with the director's
recommendation on the proposed scenic corridor. The purpose of the scenic corridor
enabling ordinance is to establish the scenic corridor as well as any conditions and/or
standards recommended by the corridor management plan that may differ from those within
the underlying zoning. Any conditions and/or standards that differ from the underlying
zoning must be defined through the use of a table that illustrates how standards and/or
conditions in the enabling ordinance differ from those within the underlying zoning."
SECTION 20. Chapter 25, article 7, division 1, section 25-7-4, Hawaii County Code
1983 (2005 Edition, as amended) is amended by amending the title to read:
"Section 25-7-4. Powers and duties of the Kailua Villaee design commission."
1â˘_
SECTION 21. Chapter 28, section 28-4, Hawaii County Code 1983 (2005 Edition, as
amended) is amended to read:
"Section 28-4. Review of petition by planning director.
Within ninety days of acceptance of a petition or such longer period as may be agreed to by
the applicant, the planning director shall submit the director's recommendation to either the
windward or leeward planning commission[.-], or both actin¢ jointly, as provided for in the
Charter. The director shall recommend either the approval or denial of the proposed amendment
to the desi ng ated planning commission, or joint commission, subject to conditions which would
further the intent of this chapter and the general plan and other related ordinances."
SECTION 22. Chapter 28, section 28-5, Hawaii County Code 1983 (2005 Edition, as
amended) is amended to read:
"Section 28-5. Review of petition by planning commission.
~ For the pumoses of this section, "planning commission" means either the windward or
leeward planning commission, or both acting as a joint commission, as provided for in
the Charter.
Within sixty days of the planning director's recommendation, the planning commission
shall conduct at least one hearing on the petition. The planning commission, on behalf of
the County council, shall notify the State land use commission and the State department
of [^'^^^~~~ ^~a ^^^~^"''^ ''°^°'^^"'°^`] business, economic development, and tourism
of the time and place of the hearing and the proposed amendments scheduled to be heard
at the hearing. After conclusion of the hearing, the planning commission shall
recommend either the approval or denial of the proposed amendment to the County
council subject to conditions which would further the intent of this chapter and the
general plan and other related ordinances. The planning commission shall forward a
report concerning its findings and recommendation to the County council through the
mayor. Prior to the planning commission's forwarding its report to the council, the
applicant shall file with the planning department a map and description by metes and
bounds of property as certified by a surveyor."
SECTION 23. Chapter 34, article 1, section 34-3, Hawaii County Code 1983 (2005
Edition, as amended) is amended by adding a definition for "Planning commission" to be
appropriately designated and to read:
""Planning commission" means either the windward or leeward planning commission, or
both acting as a joint commission, as provided for in the Charter."
SECTION 24. Severability. 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 invalid provision or
application, and to this end, the provisions of this ordinance are declared to be severable.
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SECTION 25. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material and
underscoring need not be included.
SECTION 26. This ordinance shall take effect upon approval.
INTRODUCED BY:
~~
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of ls` Reading:
Date of 2"d Reading:
Effective Date:
R~fERENCE, Corms. 259
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