HomeMy WebLinkAboutRES 108A Draft 01 2008-2010COUNTY OF HAWAII
STATE OF HAWAII
RESOLUTION NO. 108 fs9A
A RESOLUTION INITIATING AN INTERIM AMENDMENT TO ORDINANCE NO.05-
25, AS AMENDED, THE COUNTY OF HAWAII GENERAL PLAN, RELATING TO
THE CONVERSION FROM A SINGLE PLANNING COMMISSION TO WINDWARD
AND LEEWARD PLANNING COMMISSIONS.
WHEREAS, section 3-15 of the Hawaii County Charter (hereinafter "charter") requires
the county council to adopt by ordinance a general plan which sets forth the council's policy for
long-range comprehensive physical development of the county; and
WHEREAS, section 3-15 of the charter was amended by the electorate in the 1979
special election by the addition of a subsection (c), which allowed for the county council to
initiate amendments to the County of Hawaii General Plan (hereinafter "general plan"); and
WHEREAS, section 16-2 of the general plan provides for interim amendments to the
general plan; and
WHEREAS, section 16-2 of the general plan, as most recently amended by Ordinance
No. 07-70, states, in pertinent part:
"16.2 INTERIM AMENDMENTS
(1) The County Council may initiate interim amendments to the General Plan at any
time, except during the comprehensive review pursuant to the. following
procedures:
(a) The County Council may, by resolution, request the Planning Director and
Planning Commission to review and make a recommendation on a
proposed amendment.
(b) The Planning Director shall have 60 days or a longer period, as may be
agreed to by the County Council, to submit a recommendation on the
proposal to the Planning Commission for its review and recommendation.
The Planning Director's recommendation may include suggested changes
consistent with the general intent of the proposed amendment, and the
Planning Director shall, if requested by County Council, prepare a drafr
ordinance to implement the proposed amendment.
(c) The Planning Director shall notify a property owner of a proposed
amendment that would redesignate its property to Open or Conservation,
unless the property is already designated Conservation by the State Land
Use Commission. Notice shall be given not less than 21 days before the
first Planning Commission hearing on the proposed amendment.
(d) The Planning Commission shall consider the proposed amendment at no
less than two meetings, and shall make its recommendation on the proposed
amendment to the County Council within 60 days from its receipt of the
Planning Director's recommendation.
(e) If the Planning Commission fails to act within the required period, it shall
be deemed a negative recommendation.
(f) The County Council may make modifications, deletions, or additions to the
proposed amendments as it may deem necessary, within the general intent
and subject matter of the proposed amendments, in accordance with its
rules of procedure. However, any County Council change to a proposed
amendment which substantially changes the general intent or subject matter
of the proposed amendment, such as newly adding or deleting a goal,
policy, or course of action, or standard, or a map amendment which
changes a land use designation of a parcel, shall be considered an entirely
new proposed amendment and submitted to the Planning Director and
Planning Commission for their review and recommendation."
WHEREAS, during the 2008 general election the charter was amended by the contents
of Ordinance No. 08-01; and
WHEREAS, Ordinance No. 08-01 provided for the conversion from a single planning
commission to Windward and Leeward Planning Commissions; and
WHEREAS, this conversion to two planning commissions, as approved by the
electorate, requires that certain sections of the general plan be amended to be in accordance with
the charter; and
WHEREAS, the attached bill, labeled as "Exhibit A", proposes amendments to section
15.1, section 16.1, section 16.2, and section 16.3 of general plan to bring the general plan into
accordance with the recently approved amendments to the charter; and
WHEREAS, the only other instances of the use of "Planning Commission" in the
singular context occur in the 15`h paragraph of section 8.1 and in the fifth paragraph of section
15.1 of the general plan; and
WHEREAS, these instances do not require amendment as they pertain to specific events
that have occurred and are not to occur again, thus their amendment would deteriorate the
historical context of the general plan; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that
pursuant fo the provisions of section 16-2 of the general plan and the charter, as amended, it
submits to the Planning Director, Windward Planning Commission, and Leeward Planning
Commission the attached bill marked as "Exhibit A", which initiates an interim amendment to
the general plan to account for the conversion from a single planning commission to Windward
and Leeward Planning Commissions.
BE IT FURTHER RESOLVED that, pursuant to section 16-2 of the general plan and
the amended provisions of the charter relating to the duties and functions of the Windward and
Leeward Planning Commissions, recommendations from the Planning Director, Windward
Planning Commission, and the Leeward Planning Commission on the proposed amendments, as
indicated in "Exhibit A," shall be provided to the county council on or before the 120th day from
the date of adoption of this resolution.
BE IT FINALLY RESOLVED that the County Clerk is requested to transmit copies of
this resolution to the Director of the Planning Department, the Windward Planning Commission,
the Leeward Planning Commission, and the Honorable Mayor William Kenoi.
Dated at Hilo , Hawaii, this 5th day of Aurnrst , 2009.
INTRODUCED BY:
~ ~~ ~~~~
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCI
County of Hawaii
Hilo, Hawaii
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawaii on August 5, 2009
ATTEST:
COUNTY CLERK CHAIRPERSON K PRESIDING OFFICER
ROLL CALL VOTE
AYES NOES ABS EX
ENRIQUES X
FORD X
GREENWELL X
HOFFMANN X
IKEDA X
NAEOLE X
ONISHI X
YP.GONG X
YOS$IMOTO
8 1 0 0
Reference: C-365/PC-35
RESOLUTION NO. ~Q ~ ~' ~A
COUNTY OF HAWAII
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STATE OF HAWAII
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING THE HAWAII COUNTY GENERAL PLAN, AS
ADOPTED BY ORDINANCE NO. OS-25, 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. Ordinance No. OS-25, as amended, is amended by amending section 15.1,
relating to Community Development Plans, to read as follows:
"15.1 COMMUNITY DEVELOPMENT PLANS
The Community Development Plans are intended to be the forum for
community input into managing growth and coordinating the delivery of
government services to the community. The Community Development Plans will
translate the broad General Plan statements to specific actions as they apply to
specific geographical azeas.
A Community Development Plan should direct physical development and
public improvements within a specific area. The Community development Plan
may contain detailed land use and zoning guide maps, plans for roadways,
drainage, parks, and other infrastructure and public facilities, architectural design
guidelines, planning for watersheds and other natural features, and any other
matters relating to the planning area.
The Planning Director or Council may initiate a Community Development
Plan. Sach Community Development Plan shall have a steering committee
composed of members appointed by the mayor and confirmed by the council. The
members shall be broadly representative of the affected communities.
The steering committee shall work in conjunction with the Planning
Department and with any professional consultants hired to assist in the
preparation of the plan. The exact boundazies of the planning area may be
determined during the prepazation of the plan.
It is not mandatory that there be a Community Development Plan for each
region. Although the previous General Plan called for Community Development
Plans, in the thirty yeazs since the enactment of the first General Plan, only one
Community Development Plan has been enacted by ordinance, one by County
Council Resolution, and two by Plamring Commission Resolution. Time, cost, the
Exhibit A
degree of effort, and, in some cases, the inability to achieve a sufficient
consensus, has been the limiting factors.
The need for a Community Development Plan for a particular area should
be assessed considering a number of factors, including how much is public
infrastructure challenged by recent or anticipated growth and whether there are
significant efforts to change the zoning and land use in the area.
After the steering committee has recommended approval of the
Community Development Plan, it shall be forwarded to [*'~~ Dates
~s~n] either the Windward or Leeward Plannin¢ Commission, or both
meeting as a joint commission as provided for in the Hawaii County Charter, for
[its] review and recommendation to the County Council. The County Council may
modify or amend the Community Development Plan before enacting it by
ordinance, but it shall give the steering committee and the designated Planning
Commission, or ioint commission, as the case'may be, an opportunity to review
and comment upon substantive amendments and modifications before final
adoption of the plan.
In the process of creating the Community Development Plan, it may be
determined that the General Plan should be amended. The Planning Director or
County Council may initiate amendments to the General Plan, and the steering
committee may recommend amendments, that would be enacted at the same time
as the Community Development Plan, or as a follow-up to the Community
Development Plan: If there is a direct conflict between the Community
Development Plan and the General Plan, the General Plan shall be controlling.
The Community Development Plans shall focus on action. The courses of
action specified in each element of the General Plan need greater detail and need
to be coordinated by district. The Community Development Plans shall identify
appropriate governmental actions that include:
• Regulatory actions. Regulations rely on government's police power to
control what people can and cannot do in the interest of the public's health, safety,
or welfare. The County administers and enforces various regulations to control
land use. These regulations include the zoning code, subdivision code, flood
control code, grading code, sign code, and building code. The County also
administers requirements imposed by the Federal and State governments, such as
the Coastal Zone Management Act and the State Land Use Law. The Community
Development Plans shall recommend amendments as appropriate to the codes,
maps, or administration and enforcement.
• Incentive measures. Where regulatory controls are the government's
"sticks", incentives are the "carrots" to encourage certain actions. Too often,
regulation is the solution. Regulation can be restrictive, reactive, and divisive.
Incentive measures, on the other hand, can invite creative "win-win" solutions.
Exhibit A
2
Examples of incentive measures include property tax exemptions such as for
agricultural or native forest dedications, expedited permit processing, density
bonuses, and discounted facility fees. Community Development Plans shall
consider appropriate incentive measures to achieve various objectives, as
applicable.
• Acquisition actions. Where significant resources are located on private
property, it may be more appropriate for government to purchase the development
rights or fee simple title rather than to severely regulate the owner's use of the
property. Obviously, purchasing in reaction to development proposals is
expensive. The Community Development Plans shall identify acquisition
priorities, as appropriate, and seek means to leverage financing by working
creatively with the landowner, other levels of government, land trusts, and/or
nonprofit groups.
• Capital budgeting actions. The County annually prepares a capital
improvements budget where public facility projects (new construction or major
repairs) are identified. The budget is accompanied by a six-year capital
improvements program (CIP). The CIP process is explained in more detail below.
The Community Development Plans shall identify and prioritize public facility
projects important to the community. The CIP shall take into consideration the
recommendations in the Community Development Plans, recognizing that the CIP
must reconcile competing interests for a limited amount of funds.
• Programs. Certain community needs do not necessarily require land or a
new facility, but rather a focused commitment of time and money towards
achieving specific objectives. These operational projects are referred to as
programs. Examples include anafter-school youth program, neighborhood watch
program, or mediation training program. Too often, resources are diverted to
studies that could be more effectively used for pilot programs that actually try to
achieve results and provide lessons through action. Community Development
Plans shall identify desired programs and the community's role in planning and
implementing the programs.
• Development/Redevelopment. In very special situations, it may be
appropriate for government to take the lead and act as developer either singly or
as a public/private partnership. These situations arise when the private market
fails to address certain needs, such as very low income housing, or when the
situation is quite large-scale, complex, and especially requires government's
power of eminent domain to assemble land for redevelopment. Community
Development Plans shall identify desired projects for public development or
redevelopment, and shall coordinate input from appropriate agencies such as the
Office of Housing and Community Development or the U.S. Department of
Housing and Urban Development."
Exhibit A
3
SECTION 2. Ordinance No. OS-25, as amended, is amended by amending section 16.1,
relating to Comprehensive Review of Amendments to the County of Hawaii General Plan, to
read as follows:
"16.1 COMPREHENSIVE REVIEW
(1) The Planning Director shall initiate a comprehensive review of the General Plan and
prepaze a set of recommended amendments for [] independent review by the
[ ] Windward and Leeward Planning Commissions and then
adoption by the County Council. The recommended amendments shall be submitted to
the County Council not more than ten years after the date of adoption of the previous
amendments resulting from a comprehensive review.
(2) The Planning Director shall give notice of the comprehensive review to the County
Council, [ ,] Windward and Leeward Planning Commissions, and
the general public. The notice shall state:
(a) The general scope of review;
(b) The opportunity for the County Council, [ ~ ]Windward and
Leeward Planning Commissions, and the general public to provide their comments
and suggestions to the Planning Director; and
(c) The initiation date, general sequence of events, and time for completion of the
review period.
(3) The Planning Director shall establish a deadline for Council-initiated amendments
during the comprehensive review which shall be not less than 120 days after the initial
notice under section 16.1(2). The County Council may initiate such amendments by
resolution.
(4) The Planning Director shall conduct public workshops on amendments proposed by the
Planning Director and by the County Council.
(5) The public shall be afforded 21 days from the date of the last public workshop to
provide comments to the Planning Director.
(6) The Planning Director shall then submit the amendments proposed by the Planning
Director and by the County Council to the [D,......:.,^ ~^.....,:,.,.:^« F .:,,. « .,a
rE~exidaHe»] Windward and Leeward Planning Commissions for their independent
review and separate recommendations within 30 days after the public deadline to
submit comments to the Planning Director. The Planning Director shall make a
recommendation on any Council-initiated amendments.
(7) The Planning Director shall notify a property owner of a proposed amendment that
would redesignate its property to Open or Conservation, unless the property is already
designated Conservation by the State Land Use Commission. Notice shall be given not
less than 21 days before the first Windward or Leeward Planning Commission hearing
on the proposed amendment.
(8) The [P'~~~~~^ ~'^'-'-~'^^'^"] Windward and Leewadd Planning Commissions shall
conduct and complete [] their independent review on the proposed
amendments to the General Plan, and shall both submit [its] their separate
recommendations, within 150 days from the date of receipt of the proposed
amendments from the Planning Director.
(9) The [ ~ ]Windward and Leeward Planning Commissions shall each
recommend approval of the proposed amendments, in whole or in part, recommend
Exhibit A
4
changes, or recommend the rejection of the proposal for changes to the General Plan. If
[t''° ~'°~~~~^ n°~,~~~~°~^~] either fails to act on a proposed amendment within the
required period, it shall be deemed a negative recommendation from that planning
commission only. If both fail to act on a proposed amendment within the required
period such failure to act shall be deemed a negative recommendation from both
planning commissions.
(10) The County Council shall review the amendments submitted and the [r+~fendatien]
separate recommendations of the [D'°~~~~^ r'°~,~~~°°~^~] Windward and Leeward
Planning Commissions and adopt an amended General Plan. The County Council may
make modifications, deletions, or additions to the proposed amendments as it may
deem necessary, within the general intent and subject matter of the proposed
amendments, in accordance with its rules of procedure. However, any County Council
change to a proposed amendment which substantially changes the general intent or
subject matter of the proposed amendment, such as newly adding or deleting a goal,
policy, or course of action, or standard, or a map amendment which changes a land use
designation of a parcel, shall be considered an entirely new proposed amendment. Such
a new amendment proposed at this stage shall not be processed as part of the ongoing
comprehensive review, but shall be processed as a new interim amendment pursuant to
Section 16.2."
SECTION 3. Ordinance No. OS-25, as amended, is amended by amending section 16.2,
relating to Interim Amendments to the County of Hawaii General Plan, to read as follows:
"16.2 INTERIM AMENDMENTS
(1) The County Council may initiate interim amendments to the General Plan at any time,
except during the comprehensive review pursuant to the following procedures:
(a) The County Council may, by resolution, request the Planning Director and
[D'°~~~~^ ~'^~~-~~°°~^^] Windward and Leeward Planning Commissions to
independently review and make [a-reeen~endaHea] separate recommendations on
a proposed amendment.
(b) The Planning Director shall have 60 days or a longer period, as may be agreed to by
the County Council, to submit a recommendation on the proposal to the [I33~
r v _ :.° - ~a - °~a^'~^^.] Windward and Leeward Planning
Commissions for their independent review and separate recommendations. The
Planning Director's recommendation may include suggested changes consistent
with the general intent of the proposed amendment, and the Planning Director shall,
if requested by County Council, prepare a draft ordinance to implement the
proposed amendment.
(c) The Planning Director shall notify a property owner of a proposed amendment that
would redesignate its property to Open or Conservation, unless the property is
already designated Conservation by the State Land Use Commission. Notice shall
be given not less than 21 days before the first Windward or Leeward Planning
Commission hearing on the proposed amendment.
(d) [T'~~ D1°~~~~^ r'^~,•~~°°~^ _] Each planning commission shall consider the proposed
amendment at no less than two meetings, and shall make [~ ~ ]their
Exhibit A
5
separate recommendations on the proposed amendment to the County Council
within 60 days from [its] their receipt of the Planning Director's recommendation.
(e) If [*"~ D'^~~~~° r^~~~~~°°~^^] either planning commission fails to act within the
required period, it shall be deemed a negative recommendation[-] from that
planning commission only. If both planning commissions fail to act on a proposed
amendment within the required period such failure to act shall be deemed a
negative recommendation from both planning commissions.
(f) The County Council may make modifications, deletions, or additions to the
proposed amendments as it may deem necessary, within the general intent and
subject matter of the proposed amendments, in accordance with its rules of
procedure. However, any County Council change to a proposed amendment which
substantially changes the general intent or subject matter of the proposed
amendment, such as newly adding or deleting a goal, policy, or course of action, or
standard, or a map amendment which changes a land use designation of a parcel,
shall be considered an entirely new proposed amendment and submitted to the
Planning Director and [D'°~~~~^ ~'^~,~,~°°~^~] the Windward and Leeward
Planning Commissions for their review and [~~~:] recommendations.
(2) Planning Director
(a) The Planning Director may initiate an interim amendment to the General Plan at
any time other than during the comprehensive review.
(b) The Planning Director shall conduct a workshop on the proposed amendment prior
to submitting it to the [D'°~~~~^ r'°~~~~~°°~^~ ] Windward and Leeward Planning
Commissions.
(c) The Planning Director shall submit the proposed amendment to the [Ping
~ r - ~~~ - ~a - °~a...:^~.] Windward and Leeward Planning
Commissions for their independent review and separate recommendations.
(d) The Planning Director shall notify a property owner of a proposed amendment that
would redesignate its property to Open or Conservation, unless the property is
already designated Conservation by the State Land Use Commission. Notice shall
be given not less than 21 days before the first Windward or Leeward Planning
Commission hearing on the proposed amendment.
(e) ["r"~ D'^~~~^° `'~"""~^^~^^] Each planning commission shall conduct and complete
its independent review on the proposed amendments to the General Plan, and shall
submit its separate recommendations, within 120 days from the date of receipt of
the proposed amendments. If [*'~° D'°~~~~~ ~^~~~~~°°~^~] either planning
commission fails to act within the required period, it shall be deemed a negative
recommendation[.-] from that planning commission only. If both planning
commissions fail to act on a proposed amendment within the required period, such
failure to act shall be deemed a negative recommendation from both planning
commissions.
Exhibit A
6
(f) The County Council may make modifications, deletions, or additions to the
proposed amendments as it may deem necessazy, within the general intent and
subject matter of the proposed amendments, in accordance with its rules of
procedure. However,'any County Council change to a proposed amendment which
substantially changes the general intent or subject matter of the proposed
amendment, such as newly adding or deleting a goal, policy, or course of action, or
standazd, or a map amendment which changes a land use designation of a parcel,
shall be considered an entirely new proposed amendment and processed as a new
interim amendment pursuant to section 16.2(1).
(3) General Public
(a) Consistent with the County Charter, a member of the public may submit an
application requesting the Planning Director to initiate an amendment to the
General Plan at any time except during the comprehensive review.
(b) The application shall include:
(i) A filing fee of $500.00 to cover the administrative cost of processing the
application;
(ii) A statement of the nature of the proposed amendment;
(iii)A draft of the language of the proposed amendment;
(iv)A statement of the reasons for granting the proposed change, supported by a
written, documented assessment of the relationships of the proposed change
with pertinent elements of the General Plan; and
(v) Maps, graphs, plot plan, and other supportive information.
(c) Upon receipt of a properly filed and completed application, the Planning Director
shall have 120 days to take one of the following actions:
(i) Reject the application for an amendment; or
(ii) Initiate an amendment to the General Plan.
(d) Should the Planning Director initiate an amendment, the amendment shall be
processed according to section 16.2(2).
(e) In the event that the Planning Director rejects an application for an amendment, the
applicant may request the County Council to initiate an amendment on its behalf at
any time, except during the comprehensive review. If the County Council decides
to initiate the proposed amendment by resolution, the amendment procedure shall
follow section 16.2(1).
(f) In the event that an application is denied by the County Council, the same or a
substantially similar application may not be submitted for consideration within one
year following such denial, unless the applicant submits significant new data or
additional reasons that the Planning Director may find to be a sufficient basis for
the application to be considered."
Exhibit A
7
SECTION 4. Ordinance No. OS-25, as amended, is amended by amending section 16.3,
relating to Rules and Regulations for Amendment Procedures of the County of Hawaii General
Plan, to read as follows:
"16.3 RULES AND REGULATIONS. The Planning Director and the [I'latn~it}g
Eerrmrissiea] Windward and Leeward Planning Commissions are authorized to promulgate rules
and regulations to implement the amendment procedures. Any such rule or regulation shall be
established by the Windward and Leeward Planning Commissions acting jointly."
SECTION 5. 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 without the invalid provision or application,
and to this end, the provisions of this ordinance are declared to be severable.
SECTION 6. Material to be repealed is bracketed. New material is underscored. In re-
printingthis ordinance or the General Plan, the brackets, bracketed material and underscoring
need not be included.
SECTION 7. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 151 Reading:
Date of 2"d Reading:
Effective Date:
Exhibit A