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HomeMy WebLinkAboutORD 1998-083 1996-1998�ss o y Or OUNTY OF HAW STATE OF HAWAII 4. BILL NO. 211 (Draft 6) ORDINANCE NO. 98 83 AN ORDINANCE TO INITIATE A CHARTER AMENDMENT OF THE HAWAII COUNTY CHARTER (1991), RELATING TO THE PLANNING DIRECTOR, PLANNING COMMISSION. AND BOARD OF APPEALS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Intent and Purpose. The current structure of appeals to agency actions in the County of Hawaii is duplicative and conflicting. The proposed amendments will establish a more effective appeals system while preserving the right to appeal and a hearing under Chapter 91, Hawaii Revised Statutes, Administrative Procedures. These amendments will eliminate the existing conflict with Section 5-4.3 and Section 5-6.3 of the County Charter relating to the Planning Commission and the Board of Appeals. The amendments to the Charter would accomplish the following substantive changes: 1. The Planning Commission is eliminated from the appeals process. 2. The Planning Commission membership will be representative of each council district. t 3. The Board of Appeals will hear and determine appeals from final decisions of the Planning director and the chief engineer regarding matters within their respective jurisdictions. No appeals from the Planning Commission will be heard by the Board of Appeals. In addition, the bill makes less significant changes to clarify and reinforce the following existing practices and mandates: 1. Includes duties of the Planning Commission as those assigned pursuant to law. 2. Reinforces that the Planning Commission will hold public hearings on any matter upon which it must act. 3. Clarifies the kinds of matters which would be appealable from the administrative decisions of the Planning Director and the Chief Engineer. 4. Conforms and simplifies the language to make it consistent with other sections of the charter. SECTION 2. Section 5-4.2 of the Hawaii County Charter (1991), relating to the Planning Director, is amended to read as follows: "Section 54.2. Planning Director. The planning director shall be appointed by the mayor, confirmed by the council and may be removed by the mayor. The director shall be the chief planning officer of the county and the administrative head of the department and shall: (a) [Serve as the chief planning officer of the county and the technical advisor to] Advise the mayor, planning commission, and council on all planning and [related] land use matters. (b) Prepare a general plan [and amendments thereto to guide the development of the county district or districts], implementation plans, and any amendments thereto in accordance with Section 3-15. (c) Prepare proposed zoning and subdivision ordinances, zoning maps and regulations and any amendments [or modifications] thereto. (d) Review the lists of proposed capital improvements contemplated by -2- agencies [and executive agencies] of the county and recommend the order of their priority. (e) [Be charged with the administration of] Administer the subdivision and zoning ordinances and regulations adopted thereunder. (f) [Be charged with the approval of] Render decisions on proposed subdivision plans [which are in conformity with the subdivision ordinance and regulations.] pursuant to law. (g) [Receive, process, and recommend to the planning commission appropriate action regarding] Make recommendations on rezoning applications, special exceptions, and other similar requests. (h) [Be charged with the approval of variances as provided by law, but if any objections are made in writing to the director, the director's actions shall be subject to review by the planning commission according to law. If the said request is denied by the director, the applicant may appeal such denial to the planning commission.] Render decisions on proposed variances pursuant to law, except that, if any written objections are made to the planning director's actions under this section, said actions shall be subject to review by the Board of Appeals in accordance with Section 5-6.3, unless otherwise provided by law or this charter. (i) [Exercise all the powers and perform all the duties of the planning director and the administrator of the commission as authorized by law or ordinance and exercise such other powers and performsuch other duties as shall be required or delegated by the mayor, planning commission, or council.] Perform such other related -3- • duties and functions as may be necessary or required pursuant to law and this charter." SECTION 3. Section 54.3 of the Hawaii County Charter (1991), relating to the Planning Commission, is amended to read as follows: "Section 5-4.3. Planning Commission. The planning commission shall consist of nine members, one from each council district. who shall be appointed by the mayor and confirmed by the council in the manner prescribed in Section 13-4. [Commission membership shall be representative of the community and of the county geographical areas of Puna, Ka'u, Kona, Kohala, Hamakua, and Hilo.] Each member shall be a legal resident and registered voter of the district which the member represents. In addition, the chief engineer of the county and the manager of the department of water supply, or their designated representatives,. shall serve as ex -officio members of the commission without power to vote. The commission shall establish. its rules of procedure and shall: (a) Advise the mayor, council and the planning director [in matters concerning] on planning [programs] and land use matters pursuant to law and this charter. (b) Review the general plan, its amendments and other plans and modifications thereof and transmit such plans with recommendations thereon through the mayor to the council for consideration and action. [The commission shall recommend approval, in whole or in part, with or without modifications, or rejection of such plans.] (c) Review proposed subdivision and zoning ordinances and amendments -4- thereto [drafted by the director] and transmit such ordinances with recommendations thereon through the mayor to the council for consideration and action. [The commission shall recommend approval, in whole or in part, with or without modifications, or rejection of such ordinances.] [(d) Adopt rules and regulations having the force and effect of law pursuant to the subdivision and zoning ordinances. (e) Hear and determine appeals requesting variances or other exceptions from the subdivision and zoning ordinances where, due to special conditions, a literal enforcement of the provisions of the ordinances will result in unnecessary hardship and the granting of the variances or other exceptions will not be contrary to the public interest.] [(f)](M JHold] Conduct public hearings [whenever necessary and] in every case prior to action on any [rezoning request, variance, special exception, or other related applications.] matter upon which the commission is required by law or this charter to act. Notice of the time and place of the hearing shall be published at least ten days prior to such hearing in at least two daily newspapers of general circulation in the county. U Perform such other related duties and functions as may be necessary or required pursuant to law and this charter." SECTION 4. Section 5-6.3 of the Hawaii County Charter (1991), relating to the Board of Appeals, is amended to read as follows: -5- t • "Section 5-6.3. Board of Appeals. The board of appeals shall consist of seven members who shall be appointed by the mayor and confumed by the council in the manner prescribed in Section 13-4. Each member shall be a legal resident and a registered voter of the County. [The board shall hear and determine all appeals from the actions of the planning director and planning commission. In addition, the board shall hear and determine appeals from the actions of the chief engineer or the chief engineer's staff regarding the enforcement of the building, plumbing, and electrical code and laws. All hearings shall be conducted according to the State Administrative Procedures Act. Whenever possible, persons with a background or expertise in broad areas of planning and construction shall be given preference for appointment to the board, although such background or expertise is not a prerequisite for membership. The board shall be part of the planning department for administrative purposes and the said department shall provide necessary clerical and other assistance.] Board membership shall be representative of the community, and, whenever possible, persons with background or expertise in broad areas of planning and construction shall beig ven preference, although such knowledge is not a prerequisite for membership. The board of appeals shall establish its rules of procedure and shall: (a) Hear and determine appeals from final decisions of the planning director or the chief engineergarding matters within their respective jurisdictions. bL) Conduct hearings in accordance with Chapter 91, Hawaii Revised Statutes, and this charter. Lcl Be part of thejDlanning department for administrative purposes, and said department shall provide necessary clerical and other assistance." 0 0 , L • SECTION 5. Members of the Board and Commission holding office at the effective date of this amendment shall continue in office until their current terms expire, except that any member who fails to qualify as a legal resident and a registered voter in accordance with this amendment shall be removed and replaced in accordance with this charter. SECTION 6. Material to be deleted is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included. SECTION 7. 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 effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 8. Upon adoption of this ordinance, the council, by appropriate resolution, shall provide that this proposed amendment be submitted to the electors of the county for approval at the next general election. SECTION 9. The charter amendment proposed in this ordinance shall take effect 120 days after its approval by a majority of voters in the 1998 General election. Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Date of 3rd Reading: Effective Date: May 6, 1998 June 1, 1998 June 16, 1998 July 15, 1998 March 3, 1999 INTRODUCED BY: C NCIL MEMBER, COUNTY OF HAWAII APPROVED AS TO FORM AND LEGALITY: CORPORATION COUNSEL DATE: -7- OFFICE OF THE COUNTY CLERK County of Hawaii Hilo , Hawaii Introduced By: Bobby Jean Leithead-Todd . Date Introduced: May 6, 1998 First Reading: June 1; 1998_ Published: N/A REMARKS: 05/06/98 - Deferred Second Reading: June 16, 1998 To Mayor: N/A Returned: N/A Effective: N/A Published: N/A REMARKS: ( DRAFT I 1 (DRAFT 41 ROLL CALL VOTE Reference. AYES NOES ABS EX Arakaki X Chung X Leithead-Todd X ,Ray X Reynolds X Santangelo X Smith X Tyler X Yagong X 8 0 1 0 (DRAFT 41 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. Approved/Disapproved this day Of .19 MAYOR, COUNTY OF HAWAII COUNCIL CHAIRMAN COUNTY CLERK Bill No.: ROLL CALL VOTE Reference. AYES NOES ABS EX Arakaki X Chung Leithead-Todd x Ray x Reynolds X Santangelo x Smith Tyler X Yagong X 8 0 1 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. Approved/Disapproved this day Of .19 MAYOR, COUNTY OF HAWAII COUNCIL CHAIRMAN COUNTY CLERK Bill No.: 211 (Draft 6 ) Reference. C-760.02/PC-105 Ord. No.: 98 83 OFFICE OF THE COUNTY CLERK County of Hawaii Hilo , Hawaii - -' Introduced By: Date Introduced: First Reading: Published: REMARKS.- Third EMARKS: Third Reading: To Mayor: Returned: Effective: Published: REMARKS.- EMARKS:07/01/98 - 07/01/98 July 15, 1998 July 21, 1998 July 24, 1998 March 3. 1999 August 2, 1998 Deferred AYES NOES AB EX Arakaki ABS EX Chun l':'Sft' Leithead-Todd Chung ` .I OL1 c CALCIV ; ; Wild"(_ +J AYES NOES AB EX Arakaki ABS EX Chun l':'Sft' Leithead-Todd Chung Ray —400 .Reynolds Santangelo 00 Smith Tyler X Ya Santangelo X DRAFT 61 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above.APPROVED AS TO FOR AND LE ITV.- DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII Date R Approv d/ d this2,�_day C UNCIL CHAIRMAN Of 19 cte �& COUNTY CLERK OF HAWAII A Bill No.: 211 ( Draft 6 Reference: C-7 0 PC -105 Ord. No.: us 83 ROLL CALL VOTE AYES NOES ABS EX Arakaki X Chung X Leithead-Todd Ray Reynolds X Santangelo X Smith X Tyler X Yagong X 7 0 2 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above.APPROVED AS TO FOR AND LE ITV.- DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII Date R Approv d/ d this2,�_day C UNCIL CHAIRMAN Of 19 cte �& COUNTY CLERK OF HAWAII A Bill No.: 211 ( Draft 6 Reference: C-7 0 PC -105 Ord. No.: us 83