HomeMy WebLinkAboutBIL 078 Draft 02 1998-2000 o.
COUNTY OF HAW ' ~ STATE OF HAWAII
w~ BILL NO. 78
(Draft 2)
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 23 OF THE HAWAII COUNTY CODE, AS
AMENDED, RELATING TO SUBDIVISIONS, BY CONFORMING IT TO AMENDMENTS
TO THE HAWAII COUNTY CHARTER
SECTION 1. Purpose. On July 15, 1998, the Hawaii County Council passed
Ordinance No. 98-83, which initiated amendments to §§5-4.2, 5-4.3 and 5-6.3 of the Hawaii
County Charter (1991). As the ordinance stated, two of the purposes of the initiative were:
- To eliminate the Planning Commission from the appeals process.
- To have the Board of Appeals hear and determine appeals from final decisions
of the planning director and the chief engineer regarding matters within their
respective jurisdiction, and to insure that no appeals from the Planning
Commission are heard and determined by the Board of Appeals.
The voters approved this initiative on November 3, 1998. This bill is intended to bring
Chapter 23, also known as the Subdivision Code, into conformity with the new code
amendments.
SECTION 2. Chapter 23, Article 2, Division 2, Section 23-5, "Appeals" is amended to
read as follows:
Section 23.5. Appeals.
Any person aggrieved by the decision of the director [or the commission] in the
administration or application of this chapter, may, within thirty days after the director's
[on the commission's] decision, appeal the decision to the board of appeals. The board
of appeals may affirm the decision of the director [or the commission], or it may
reverse, modify or remand the decision if the decision is:
(a) In violation of this chapter or other applicable law; or
(b) Clearly erroneous in view of the reliable, probative and substantive evidence on
the whole record; or
(c) Arbitrary, or capricious, or characterized by an abuse of discretion or clearly
unwarranted exercise of discretion.
The board of appeals shall adopt rules pursuant to chapter 91, Hawaii Revised
Statutes, necessary for the purposes of this section.
SECTION 3. Chapter 23, Article 2, Division 2, Section 23-19, "Review of director's
action (non-applicant)" is repealed.
[Section 23-19. Review of director's action (nonapplicant).
(a) Request for Review. If the director grants a variance over the timely written
objection submitted by an "interested party," which means a person:
(1) Who has a property interest in the subject property;
(2) Who owns property within three hundred feet of the subject property; or
(3) Who can otherwise demonstrate to the satisfaction of the planning
commission that such person will be so directly and immediately affected
by the proposed variance that its interest in the action is clearly
distinguishable from that of the general public, then that interested party
may request the planning commission's review of the director's action.
Such request must be made within ten working days after notice of the
director's decision and shall be in writing, containing a statement of its
grounds.
(b) Procedure for Review.
(1) The planning commission shall consider a request for a review of the
director's action, at which time the applicant and the person who
requested such review shall have an opportunity to be heard.
(2) Within forty-five days after the receipt of a request for review, the
planning commission shall determine either that the director granted the
variance properly or that sufficient cause exists for a public hearing on
the matter.
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(3) If the planning commission fails to make such determination within the
prescribed time, the director's action shall be considered as having been
affirmed.
(c) Notice and Hearing.
(1) If the planning commission determines that a public hearing is necessary,
it shall promptly schedule the public hearing at which time the applicant
and members of the general public shall have the opportunity to be heard .
on the application.
(2) Notice of the public hearing and its purposes shall be provided by the
planning commission to owners of interests in property within three
hundred feet of the perimeter of the subject property by mail postmarked
at least ten calendar days prior to the date of the hearing.
(3) The planning commission's proceedings and action shall not be void
should such an owner of a property interest fail to receive actual notice
of the public hearing.
(4) Notice of the public hearing and its purposes shall be published in a
newspaper of general circulation in the County at least ten days prior to
the date of the public hearing.
(d) Actions on Review.
(1) Within sixty days of its decision to hold a public hearing on the matter,
or within a longer period as may be agreed to by the applicant, the
planning commission shall deny the application or approve it subject to
the conditions, stating the factual findings supporting the variance.
(2) If the planning commission fails to render a decision within the
prescribed time, the director's action shall be considered as having been
affirmed.]
Section 4. Chapter 23, Article 2, Division 2, Section 23-20, "Appeal of Director's
action (by applicant)" is repealed.
[Section 23-20. Appeal of director's action (by applicant).
(a) If the director denies the application, such decision is final except that, within
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thirty days after notice of the decision, the applicant may appeal such action to
the planning commission.
(b) Form and Filing. An appeal by an applicant to the planning commission shall
be submitted in writing to the department on a form prescribed by the planning
commission and shall be accompanied by:
(1) A nonrefundable filing fee of $100; and
(2) Ten copies of a statement of the specific grounds for the appeal.
(c) Notice and Hearing.
(1) Notice of the public hearing and its purposes shall be published in a
newspaper of general circulation in the County at least ten calendar days
prior to the date of the hearing. In addition and pursuant to the same
notice period, the department shall provide written notice to persons who
had submitted timely objections before the director's action.
(2) The planning commission shall conduct a public hearing within a period
of ninety days from the date of receipt of a properly filed appeal, unless
that period is waived by the appellant.
(d) Actions on Appeals
(1) Within sixty days after the close of the public hearing or within such
longer period as tray be agreed to by the appellant, the planning
commission shall affirm, modify, or reverse the director's action.
(2) All actions of the planning commission shall contain a statement of legal
and factual basis for its decision in accordance with the criteria contained
in section 23-15 of this article.
(3) A decision to affirm, modify, or reverse the director's action shall
require a majority vote of the total membership of the planning
commission. A decision to defer action on the appeal shall require a
majority vote of the planning commission members present at the time of
the motion for deferral. If the planning commission fails to render a
decision to affirm, modify, or reverse the director's action within the
prescribed period, the director's action shall be considered as having
been affirmed.]
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•
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Bills 78 (Draft 2), 79, 113 (Draft 3) and 120
I hereby certify that the following Bills passed first reading at the meeting of the County
Council on September 9, 1999, by vote as listed below:
rBILC78.(Draft 2): Amends Chapter 23 of the Hawai`i County Code, as amended,
relating to Subdivisions, by conforming its amendments to the Hawai`i County Charter;
eliminates the Planning Commision from the appeals process; has the Board of Appeals
hear and determine appeals from final decisions of the Planning Director and the Chief
Engineer regarding matters within their respective jurisdiction, and to insure that no
appeals from the Planning Commission are heard and determined by the Board of
Appeals. AYES: Councilmembers Elarionoff, Jacobson, Leithead -Todd, Pisicchio,
Smith, Tyler, Yagong and Chairman Arakaki - 8. NOES: None.
ABSENT & EXCUSED: Councilmember Chung - 1.
BILL 79: Amends Chapter 25 of the Hawai`i County Code as amended, relating to
Zoning, by conforming its amendments to the Hawai`i County Charter; eliminates the
Planning Commision from the appeals process; has the Board of Appeals hear and
determine appeals from final decisions of the Planning Director and the Chief Engineer
regarding matters within their respective jurisdiction, and to insure that no appeals from
the Planning Commission are heard and determined by the Board of Appeals.
AYES: Councilmembers Elarionoff, Jacobson, Leithead -Todd, Pisicchio, Smith, Tyler,
Yagong and Chairnian Arakaki - 8. NOES: None. ABSENT & EXCUSED:
Councilmember Chung - 1.
•
BILL 113 (Draft 3): Amends Section 25 -8 -11 (Lalamilo- Puukapu Zone Map), Article 8,
Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district
classification from Agricultural (A -5a) and Residential (RS -15) to Residential and
Agricultural (RA -.5a) at Puukapu, Waimea, South Kohala, Hawai`i, covered by Tax Map
Key 6 -4- 01:124 and Portion of 140 (Dr. William C. and Patricia C. Bergin, applicant);
the applicant shall make its fair share contribution to mitigate potential regional impacts
of the subject project with respect to roads, parks recreation, fire, police and solid waste
disposal facilities. The fair share contribution shall have a maximum combined value of
$7,239.16 per single - family residential unit. Based upon the applicant's representation of
intent to develop up to four (4) residential units, the indicated total of fair share
contribution is $28,956.64. AYES: Councilmembers Chung, Elarionoff, Jacobson,
Leithead -Todd, Pisicchio, Smith, Tyler and Chairman Arakaki - 8. NOES: None.
ABSENT & EXCUSED: Councilmember Yagong - 1.
qq- ri/
SECTION 5. Chapter 23, Article 2, Division 2, "Further appeal rights" is repealed.
[Section 23-21. ~rther appeal rights.
(a) All actions of the planning commission are final except that, within thirty days
after notice of action, the applicant or an "interested party" as defined in section
23-19 of this article, in the proceeding before the planning commission, may
appeal such action to the board of appeals in accordance with its rules.
(b) All actions of the board of appeals are final except that they are appealable to
the third circuit court in accordance with chapter 91 of Hawaii Revised
Statutes.]
SECTION 6. Material to be repealed is bracketed. New material is underscored. In
printing this ordinance, the bracketed material and underscoring need not be included.
SECTION 7. If any provision of this ordinance, or the application thereof to any
person or circumstances, is held invalid, such invalidity shall not affect the other provision or
applications 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.
SECTION 8. This ordinance shall take effect upon its approval.
INTRODUCED B
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~ C N ILMEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: 279.001
REFERENCE: Comm. -
APPROVED AS TO FORM AND LEGALITY:
CORPORATION COUNSEL
DATED:
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