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Home My WebLink AboutBIL 211 Draft 01 1996-1998- . - -11 1 0, 1 1 0 4 112AL 4-11-VA>1 COUNTY O HAWAII ST'A'TE OF HAWAII BILL NO. 211 ORDINANCE NO. 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. With the proposed amendments, a more effective appeals system can be established while preserving the right to appeal and a hearing, which is in accordance with Chapter 91, Hawaii Revised Statutes, Administrative Procedures. The 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, respectively, which states in part "The board shall hear and determine appeals from the actions of the planning director and planning commission. " The amendments to the Charter would accomplish the following substantive changes: 1. The Planning Commission is eliminated from the variance and special exception appeals process. Because variances are, by Charter, a discretionary action decided by the Planning Director, the appeal should be made to the Board of Appeals, where an agency hearing could then be held. 2. The Board of Appeals is eliminated as the appellate body for quasi-judicial decisions made by the Planning Commission. The Charter and the County Code intend that the Planning Commission should be the final decision-making agency • for certain decisions. In accordance with this legislative intent, agency hearings pursuant to Chapter 91 should be held by the Planning Commission and appeals be made directly to the judicial courts. 3. In order to clearly separate the functions of the decision-making body and the appellate body, the Board of Appeals is placed for administrative purposes in the Office of the Corporation Counsel instead of the Planning Department. 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 by state statute. 2. Reinforces that the Planning Commission will hold public hearings on any matter upon which they 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. Underscores the preference for Board of Appeals members to have planning and construction expertise. SECTION 2. Section 5-4.2 of the Hawaii County Charter (1991), relating to the Planning Director, is amended to read as follows: "Section 5-4.2. 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 administrative head of the department and shall: (a) Serve as the chief planning officer of the county and the technical advisor to the mayor, planning commission, and council on all planning and related matters. -2- (b) Prepare a general plan and amendments thereto, and other Flans and amendments thereof to guide the development of the county district or districts. (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 agencies and executive agencies of the county and recommend the order of their priority. (e) Be charged with the administration of the subdivision and zoning ordinances and regulations adopted thereunder. (f) Be charged with the approval of proposed subdivision plans which are in conformity with the subdivision ordinance and regulations. (g) Receive, process, and recommend to the planning commission appropriate action regarding 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]. (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 perform such -other duties as shall be required or delegated by the mayor, planning commission, or council." -3- SECTION 3. Section 5-4.3 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 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. 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 planning programs. (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 subdivision and zoning ordinances and amendments 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. -4- (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.] Perform such duties as are authorized by state statute. (f) Hold public hearings [whenever necessary and] in every case prior to action on [any rezoning request, variance, special exception, or other related applications] any matter upon which the commission is required by law 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." SECTION 4. Section 5-6.3 of the Hawaii County Charter (1991), relating to the Board of Appeals, is amended to read as follows: "Section 5-6.3 Board of Appeals. The board of appeals shall consist of seven members who shall be appointed by the mayor and confirmed by the council in the manner prescribed in Section 13-4. The board of anneals shall establish its rules of W The board shall hear and determine [all appeals from the actions] appeal from final decisions of the planning director and planning commission as provided by &W,[. 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, 511 plumbing, and electrical code and laws] and the chief engineer relating to =royal or b121 [All hearings shall be conducted according to] The board shall conduct hearings in accordance with the State Administrative Procedures Act. Lc1 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]. (W The board shall be part of the [planning department] office of the corporation counsel for administrative purposes and the said [department] office shall provide necessary clerical and other assistance." SECTION 5. 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 6. If any, provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provision or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinarice are declared to be severable. on r SECTION 7. This ordinance shall'take effect on January 1, 1999. INTRODUCED BY: "CC&NCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Date of 3rd Reading: Effective Date: ttEfERENC& Comm. 760 APPROVED AS TO FORM AND LEGALITY: CORPORATION COUNSEL DATE: -7-