The URL can be used to link to this page

Home My WebLink AboutORD 1982-761 1980-1984BILL NO. 484 (AMENDED) COUNTY OF HAWAII - STATE OF HAWAII ~,-.. ORDINANCE I~"O.. AN ORDINANCE AMENDING THE COUNTY OF HAWAII GENERAL PLAN, AS ORIGINALLY ADOPTED BY ORDINANCE 439, RELATING TO THE GENERAL PLAN AMENDMENT FRUCEDURE. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The amendment procedure contained in the County of Hawaii General Plan, at page 101, is hereby repealed. SECTION 2. The County of Hawaii General Plan is amended to add a new amendment procedure to read as follows: "AMENDMENT OF GENERAL PLAN Sec. 1. Scope and purpose of amendments. (a) The General Plan may be amended by changing its goals, policies, standards, zoning acreage allocations, and land use pattern allocation maps when the conditions or premises upon which the General Plan is based have changed and when such an amendment would assure the coordinated development of the County and the general welfare and prosperity of its people. (b) Notwithstanding any provision to the contrary, amendments to the General Plan shall strictly comply with the procedure set forth herein. Sec. 2. Amendment~ursuant to comprehensive review. (a) The Planning Director may initiate amendments pursuant to the comprehensive review required of and by the General Plan. (b) The Planning Director shall give notice of the comprehensive review to the Planning Commission, Council, and the general public. The notice shall state: (1) The general scope of review; (2) The length of the review period being ninety days from the date of notice; (3) The ability for the public and Council to provide their input to the Planning Director during the review period; (4) A description of each amendment proposed by the Planning Director; and (5) The estimated time for completion. (c) The Planning Director shall conduct a public workshop on a proposed amendment prior to submitting it to the Planning Commission. (d) The Planning Director, upon completion of the review, shall submit the proposed amendment to the Planning Commission for its review and recommendation. (e) Within sixty days of receipt of the Planning Director's proposed amendment, the Planning Commission shall hold a public hearing on the proposed amendment. 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 -2- 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 Commission shall submit to the Council its comments and recommendation on any proposed amendment initiated by the Planning Director. (f} The Council shall review the Planning Commission's recommendation and act on the Planning Director's proposals. The Council may request the Planning Director to consider any specific modification to any proposed amendment or to initiate within sixty days a new proposed amendment. If the Planning Director either modifies a proposed amendment or initiates a new proposed amendment, such proposed amendments shall be reviewed by the Planning Commission in accordance with subsection (e) above. (g) During the comprehensive General Plan review, the Planning Director may defer action on any petition to amend the General Plan filed pursuant to section 3(b) and on any request to study a proposed General Plan amendment submitted pursuant to section 3(c). 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 2 (b) . Sec. 3. Interim amendments. (a) Members of the general public, the Council, and the Planning Director may propose or initiate, as the case may -3- be, amendments to the General Plan at any time other than during the comprehensive review period. (b) 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, a 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. (1) A petition to amend the General Plan shall be filed with the Planning Director and shall include: (A) A filing fee of $100 to cover the administrative costs of processing the petition; (B) A statement of the nature of the petitioner's interest; (C) A draft of the language of the proposed amendment; (D) An environmental impact statement; (E) A statement of the reasons for granting the proposed change, supported by a written, documented analysis of the -4- General Plan and using all pertinent elements upon which the General Plan is based; and (F) Graphs, plot plan, and other supportive information. (2) 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: (A) Recommend the approval of the petition, stating the reasons for such approval; or (B) Recommend the denial of the petition, stating the reasons for such denial. (3) 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. (4) 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 -5- 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 a two-thirds vote of the entire membership of the Council. (5) If a petition is offically 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. (c) The Council may initiate amendments to the General Plan pursuant to the following procedure: (1) Upon a resolution adopted by two-thirds of its entire membership, the Council may request the Planning Director or, when appropriate, another qualified body to conduct a study to determine the feasibility of a proposed amendment. -6 - (2) 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. (3) Upon receipt of the feasibility study, the Council shall have sixty days to review and act on the study. Upon a two-thirds vote of the entire membership of the Council, 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 3(b)(3) and 3(b)(4). 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. (d) 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 2(b), except with regard to those provisions relating solely to the comprehensive review. Sec. 4. The Planning Director shall promulgate rules and regulations to implement this procedure." SECTION 3. If any provision of this ordinance or the application thereof to any person or circumstance is held -7- invalid, the 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 severable. SECTION 4. approval. This ordinance shall take effect upon its INTRODUCED BY: ~-. COUNCIL MEMBER, COUNTY F HAWAII Hilo, Hawaii Date of Introduction: January 19, 1982 Date of Adoption: March 3, 1982 Effective Date: March. l5, 1982 -8- Hilo, Hawaii Date: Januarv 19, 1982 FIRST READING AYES NOES A/E Dahlberg X De Luz X Domingo X Fuj ii X Hale X Kawahara X Lai X Schutte X Chr. Yamashiro X 7 0 2 Publication Date: Hilo, Hawaii Date: March 3, 1982 SECOND & FINAL READING AYES NOES A/E Dahlberg X De Luz X Domingo X Fuj i i X Hale X Kawahara X Lai X S ch ut to X Chr. Yamashiro X 9 0 0 Publication Date: 'LIAR 2 ~ 1982 We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. Approved/ ~~ =~-=~-~_~-~ this /~ day of ,/ .i _- ~ ~''~~ ,~. _.~ Ma r, County of Haw Bill No. 484 ~;,.. Reference: C-1166/PC-82 M.B. No. Ord. No. '~., _ . ~. " County Cler