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COUNTS OF FIAWAI`I <br />STATE OF ~-IAWAI`I <br />RESOLUTION NO. ~~~ ~~ <br />A RESOLUTION TO AMEND THE RULES OF PROCEDURE AND ORGANIZATION <br />OF THE COUNCIL OF THE COUNTY OF HAWAII TO INCLUDE PROTOCOLS FOR <br />COUNCIL-INITIATED AMENDMENTS TO THE SUBDIVISION CONTROL CODE <br />AND ZONING CODE OF THE HAWAII COUNTY CODE. <br />WHEREAS, the Rules of Procedure and Organization of the Council of the County of <br />Hawai `i was adopted by the Council via Resolution No. 04-09 on December, 1, 2008; and <br />WHEREAS, Hawaii County Charter section 6-7.2, subsection (b), paragraph (1), states: <br />"(b) The director shall be the chief planning officer of the county and the administrative <br />head of the department and shall: <br />(1) Advise the mayor, the windward planning commission, the leeward planning <br />commission and the- council on all planning and land use matters."; and <br />WHEREAS, Hawaii County Charter section 6-7.5, subsection (a), paragraph (3), states: <br />"(a) Both commissions shall: <br />(3) Review proposed subdivision and zoning ordinances and amendments thereto and <br />transmit such ordinances with recommendations thereon through the mayor to the <br />council for consideration and action."; and <br />WHEREAS, these provisions of the Hawaii County Charter require that any <br />Council-initiated amendments to Chapter 23 of the Hawaii County Code, otherwise known as <br />the Subdivision Control Code, be referred to the Planning Director, Windward Planning <br />Commission, and Leeward Planning Commission for their comments and recommendations prior <br />to Council action; and <br />WHEREAS, Hawaii County Code 1983 (2005 Edition, as amended), section 25-2-43, <br />subsection (b), states in pertinent part: <br />"(b) The council shall refer any proposed council-initiated amendment to this chapter to <br />the director and the commission with requests for their respective comments and <br />recommendations thereon, prior to the first reading of any such amendment. The <br />director and the commission shall each submit comments and recommendations on <br />the proposed amendment to the council within one hundred twenty days from the <br />date that the amendment is transmitted by the council to the director and the <br />commission."; and <br />WHEREAS, section 25-2-43, subsection (b), refers to Council-initiated amendments to <br />Chapter 25 of the Hawaii County Code, otherwise known as the Zoning Code; and <br />