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HomeMy WebLinkAboutORD 1986-126 1984-1988COUNTY OF HAWAII ~$TATE OF HAWAII ;.~,,._ Bill No. los (DRAFT 2) ORDINANCE NO. 86 126 AN ORDINANCE AMENDING THE HAWAII COUNTY CODE BY INCLUDING A NEW CHAPTER RELATING TO STATE LAND USE DISTRICT BOUNDARY AMENDMENTS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose: In accordance with the authority delegated to the counties by Section 205-3.1 of the Hawaii Revised Statutes and in the interest of reducing processing time and cost to the applicant, and reducing duplication of effort by governmental agencies, this ordinance creates a new chapter in the Hawaii County Code establishing procedures for the county to amend State Land Use District boundaries for land areas of fifteen acres or less, except those lands within the State Land Use Conservation District. SECTION 2. The Hawaii County Code is hereby amended by adding the following chapter: CHAPTER 28 STATE LAND USE DISTRICT BOUNDARY AMENDMENT PROCEDURES Section 28-1. Title. This chapter may be cited as the State Land Use District Boundary Amendment Procedures. Section 28-2. Scope and applicability. (a) The county council by ordinance may amend the districting of such lands fifteen acres or less located in the state land use urban, rural, and agricultural districts. This chapter, however, does not apply to those lands situated within the state land use conservation district classification. (b) Filing of Petition. (1) Petitions shall be on a form prescribed by the planning director and shall be filed with the planning department for processing, evaluation, and review pursuant to Sections 28.4 and 28.5. (2) A petition for a change in the boundary or a district involving lands fifteen acres or less presently in the urban, rural and agricultural districts may be filed by any department or agency of the state or county, or any person with a property interest in the land sought to be reclassified. (3) Petitions may also be initiated by the county council by resolution of the council. Section 28-3. Contents of Petition. (a) A petition for a district boundary amendment shall include the following: (1) A description of the property, including the tax map key and acreage, with maps that identify the subject area. (2) The exact legal name of each applicant and the location of the principal place of business, and if an applicant is a corporation, trust, or association, or other organized group, the state in which the applicant was organized or incorporated. -2- (3) The name, title and address of the person to whom correspondence or communication in regard to the application are to be addressed. Notice, orders, and other papers may be served upon the person so named, and such service shall be deemed to be service upon the applicant. (4) A statement regarding the applicant's proprietary interest in subject property. (5) The reclassification sought and the present use of the property. (6) A statement regarding the reasons for the requested change. If development is proposed, a written description of the proposed development. (b) Upon receipt of a properly filed and completed petition, the planning director, on behalf of the county council, shall serve a copy of the petition to the State Land Use Commission and the State Department of Planning and Economic Development. 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 his recommendation to the planning commission. The director shall recommend either the approval or denial of the proposed amendment to the planning commission subject to conditions which would further the intent of this chapter and the general plan and other related ordinances. -3- Section 28.5 Review of Petition by the Planning Commission. 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 Planning and Economic Development 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 fcrwarding its report to the council, the applicant shall file with the planning department a map and description by metes and bounds of the property as certified by a surveyor. Section 28.6. Standards for Review of Petitions. In reviewing a district boundary amendment petition, consideration shall be given to the purpose of the existing and proposed districts as set forth in HRS 205-2 and the purpose of this chapter. No amendment shall be approved unless it conforms to the general plan. However, a proposed amendment may be combined with a request to change the General Plan. -4- Section 28.7 Notification of Decision. A change in the State Land Use district boundaries pursuant to this chapter shall become effective on the day designated by the county council in its decision. Within thirty days of the effective date of the county council's decision, the planning director, on behalf of the county council, shall transmit the decision and the description and map of the affected property to the State Land Use Commission and the State Department of Planning and Economic Development. Section 28.8. Consolidated Proceeding with other Land Use Changes. A petition for a State Land Use District Boundary Amendment may be submitted for consolidated review and processing, including any public hearing, with other land use changes and applicable permits such as proceedings to amend the general plan or zoning of the affected land. SECTION 3. Administrative rules and regulations shall be prepared by the planning commission for the implementation of this chapter. SECTION 4. If any portion of this chapter, or its application to any person or circumstance, shall be held unconstitutional or invalid, the remainder of this chapter and the application of such portion to other persons or circumstances shall not be affected the re by . -5- SECTION 5. This ordinance shall take effect upon its approval. INTRODUCED BY: ~ f 1 NCI MEMBER; COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: December 4, 1985 Date of 1st Reading: December 4, 1985 Date of 2nd Reading: November 19, 1986 Effective Date: November 25, 1986 -6-