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Home My WebLink AboutBIL 211 Draft 04 1996-1998COUNTY OF HAWAI: STATE OF HAWAII BILL NO. 211 (Draft 4) 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. 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 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 Planning Commission membership will be representative of each council district. In addition, the bill makes less significant changes to clarify and reinforce the following existing practices and mandates: 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. Sections 5-4.2 and 5-4.3 of the Hawaii County Charter (1991), relating to the Planning Director and Planning Commission, are amended to read as follows: "Section 54.2. [Planning Director] Appointment and Removal. The planning director shall be appointed by the mayor, confirmed by the council and may be removed upon recommendation by the mayor and the approval of the council. Section 54.3. Powers. Duties and Functions. The planniLig 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], a-AZnd other plans and amendments thereof in accordance with Section 3-15. (c) Prepare proposed zoning and subdivision ordinances, zoning maps and regulations and any amendments or modifications thereto. -2- (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] 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] conformance with the subdivision ordinance and regulations. (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 as provided by law except that, .if any written objections are made to the planning director's actions: said actions shall be subject to review by the Board of Appeals in accordance with Section 5-6.3. (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] may be assigned by the mayor, planning commission, or council. -3- Section [5-4.3] 5-4.4. 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] each council district. 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 county planning [programs] and land use matters pursuant to law. (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 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] pursuant to law. -4- [(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) Hold public hearings whenever necessary and in every case prior to action on any rezoning request, variance, special exception, or other related applications. 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 Conduct public hearings in every case prior to action on any matter upon which the commission is required bylaw 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. (f) Perform such other related duties as may be necessary to fulfill its responsibilities under this charter or as may be assigned by the mayor or the council." SECTION 3. 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 shall hear and determine all appeals from the actions of the planning director and planning commission. In addition, the -5- 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.] Board membership shall be representative of the community. and, whenever possible, persons with background or expertise in broad areas of r planningi and construction shall be given 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 planning commission and the chief engineer relating to actions under ordinances and laws within their respective jurisdictions. (b [All hearings shall be conducted according to the State Administrative Procedures Act] Conduct hearings in accordance with Chapter 91 Hawaii Revised Statutes and this charter. [(c) 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. (d) The board shall be part of the planning department for administrative purposes and the said department shall provide necessary clerical and other assistance.] (c) Be part of the planning department for administrative purposes, and the said department shall provide necessary clerical and other assistance." SECTION 4. Material to be deleted is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included. Sot SECTION 5. 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 ordinance are declared to be severable. SECTION 6. This ordinance shall become effective in accordance with Section 15-1. EITRODISCED BT: �• MEMBER, COUNTY OF Hilo, Hawaii REFERENCE: Comm. 760.04 Date of Introduction: June 1, 1998 Date of 1st Reading: June 1, 1998 Date of 2nd Reading: June 16, 1998 Date of 3rd Reading: Effective Date: APPROVED AS TO FORM AND LEGALITY: CORPORATION COUNSEL DATE: -7-