HomeMy WebLinkAboutCOM 0536.001 2014-2016 William P.Kenoi /+`•Y°i•.... .
Mayor '/ �,J. �'� Duane Kanuha
Director
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Me• 4Deputy Director
West Hawai`i Office East Hawai`i Office
74-5044 Ane Keohokalole Hwy101 Pauahi Street,Suite 3
Kailua-Kona,Hawai`i 96740 County of Hawaii Hilo,Hawai`i 96720
Phone(808)323-4770 Phone(808)961-8288
Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742
MEMORANDUM
November 27, 2015 , c�
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TO: COUNCILPERSON GREGGOR ILAGAN ' �
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CHAIRMAN, COMMITTEE ON PLANNING
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THROUGH: COUNCILPERSON DRU M. KANUHA ,-
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FROM: `I ;.NE KANUHA
' ANNING DIRECTOR
SUBJECT: DISCUSSION ATTACHMENTS
COMMUNICATION 536—DISCUSSION REGARDING THE STATUS OF
THE COMMUNITY DEVELOPMENT PLANS AND THE ACTION
COMMITTEES
Please find enclosed three (3) attachments which should help guide the upcoming discussion on
Communication 536.
These attachments are excerpts from the Hawai'i County General Plan(Attachment 1); Chapter
16, Hawai'i County Code (Attachment 2); and excerpts from the Hawai'i County Charter
(Attachment 3).
I look forward to a productive discussion session next Tuesday.
DK:rl
Attachments
Comm. No. 5 3(0' 1
Ref. To: F'/1'c-
Ref. Date DEC 0 1 2015
www.cohplanningdept.com Hawaii County is an Equal Opportunity Provider and Employer pianning(dco.hawaii.hi.us
COUNTY OF HAWAII i• ;i •i STATE OF HAWAII
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BILL NO. 169
ORDINANCE NO. 09 51651
AN ORDINANCE AMENDING THE HAWAI`1 COUNTY GENERAL PLAN,AS
ADOPTED BY ORDINANCE NO. 05-25,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. 05-25,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 areas.
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. Each 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 boundaries of the planning area may be
determined during the preparation 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 years 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 Planning Commission Resolution. Time,cost, the
ATTACHMENT 1
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 [the Planning
Geimmis-sien] either the Windward or Leeward Planning 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 joint 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.
%'. . 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 an after-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."
, 3
PLANNING § 16-1
Chapter 16
PLANNING
Article 1. General Plan
Section 16-1. The County of Hawaii general plan.
(a) That certain planning code known and designated as "County of Hawaii general plan," as adopted on
December 5, 1971, by the council of the County of Hawaii, is hereby adopted by reference, subject to
later amendments by ordinance,and may be cited as the"general plan."*
(b) A copy of the general plan and amendments shall be available for public inspection at the planning
department.
(1975 C.C.,c. 7,art. 1,sec. 1;Am.2006,Ord.No.06-153,sec. 1;Am. 2007,Ord.No.07-70, secs.2,3 and 4;
Am 2008,Ord.No.08-98,sec 2;Am. 2009,Ord.No.09-150,sec. 2,Ord.No.09-161,secs. 1,2,3 and 4.)
* Editor's Note: A 2005 edition of the general plan was adopted by Ordinance 05-25. Ordinance 05-25 was subsequently amended by
Ordinance 06-153,Ordinance 07-70,Ordinance 09-150,&Ordinance 09-161.
Article 2. Community Development Plans
Section 16-2. Adoption of community development plans.
The community development plans listed below are adopted and incorporated by reference.A copy of the
plans and amendments shall be available for public inspection at the planning department.
KONA. The document identified as"Mapping the Future: Kona Community Development Plan Volume
1" is adopted by reference subject to later amendments by ordinance, and may be cited as the "Kona CDP."
The planning area for the Kona CDP encompasses the judicial districts of North and South Kona.
NORTH KOHALA. The document identified as "North Kohala Community Development Plan" is
adopted by reference subject to later amendments by ordinance, and may be cited as the"North Kohala CDP."
The planning area for the North Kohala CDP encompasses the judicial district of North Kohala.
PUNA. The document identified as "Puna Community Development Plan" is adopted by reference
subject to later amendments by ordinance, and may be cited as the "Puna CDP." The planning area for the
Puna CDP encompasses the judicial district of Puna and the Volcano Census Designated Place that includes
the Volcano Golf Course subdivision in the district of Ka`u.
SOUTH KOHALA. The document identified as "South Kohala Community Development Plan" is
adopted by reference subject to later amendments by ordinance,and may be cited as the"South Kohala CDP."
The planning area for the South Kohala CDP encompasses the judicial district of South Kohala.
(2008,Ord.No.08-98,sec.3; Am. 2008,Ord.No. 08-116,sec. 2;Am.2008,Ord.No.08-131,sec.2; Am.
2008,Ord.No. 08-151,sec.2; Am.2008,Ord.No.08-159,sec.2.)
* Editor's Note: The Puna Community Development Plan,as adopted by Ordinance No.08-116,was amended by Ordinance No. 10-104,Ordinance
No.11-51,Ordinance No.11-52,Ordinance No.11-53,Ordinance No.11-117,and Ordinance No.11-118.
Section 16-3. Review and amendment.
A comprehensive review of the community development plans shall commence within ten years from the
date of adoption.
(2008,Ord.No.08-98,sec.3.)
Article 3. CDP Action Committees
Section 16-4. CDP action committees.
(a) A community development plan (CDP) action committee shall succeed each CDP steering committee
upon adoption of a community development plan.
16-1 SUPP. 13 (1-2012)
ATTACHMENT 2
§ 16-4 HAWAI`I COUNTY CODE
(b) The purpose of the CDP action committee is to be a proactive, community-based steward of the plan's
implementation and update.
(c) The planning department shall administer the CDP action committees and be responsible for developing a
selection process for committee members and establishing rules of procedure,as needed.
(2008,Ord.No.08-98,sec.4.)
Section 16-5. Membership and tenure.
(a) The CDP action committee shall consist of nine members.All members shall have a primary residence in
the area covered by the CDP. The members shall be appointed by the mayor and approved by the County
council. Prior service as a member of a CDP steering committee shall not disqualify an individual from
serving on the CDP action committee.
(b) The members shall serve staggered terms of four years. Upon the initial appointment of the committee,
three members shall serve for a term of two years, three members for a term of three years, and three
members for a term of four years. When the term of a member expires, the member shall continue to
serve until a successor is appointed. Members whose terms expire may not be reappointed for at least two
years, however, members appointed for one year or less may be reappointed for an additional term
without the passage of two years' time.
(c) The membership should reflect a broad cross-section of the community. The community development
plan may specify more detailed selection criteria consistent with this objective.
(d) A chairperson shall be elected from its membership annually.
(e) Except as provided for in this section, the committee shall be governed by the County Charter,
section 13-4.
(2008,Ord.No.08-98,sec 4.)
Section 16-6. Duties and responsibilities of the CDP action committees.
The duties and responsibilities of the committee are:
(I) Provide ongoing guidance and advocacy to advance implementation of the CDP goals, objectives,
policies,and actions;
(2) Broaden community awareness of the CDP and build partnerships, as appropriate, with
governmental and community-based organizations to implement CDP policies and actions;
(3) Take into consideration statewide objectives and legislation for long-term and sustainable plans for
the island as a whole;
(4) Provide timely recommendations to the County on priorities relating to the County operational
budget and the CIP budget and program;
(5) Receive briefings, as requested, from the planning department on pending and approved permit
applications involving property located within the planning area, and on other issues related to the
CDP;
(6) Receive briefings from other County agencies, as requested, on priority actions identified in the
CDP, which briefings may be integrated and consolidated by the mayor's office or the planning
department into a plan of action for the forthcoming year and a status report on the current year's
plan of action;
(7) Monitor the progress and effectiveness of the CDP including the need for CDP revisions based on
emerging statewide plans,new technologies,innovative ideas,or changing conditions;
(8) Review and make recommendations on interim amendments to the CDP;
(9) Serve as the steering committee,as set forth in the general plan, in any comprehensive update of the
CDP;
(10) Provide recommendations to amend the general plan;and
(11) Carry out other duties specified in the CDP and/or in agreement with the planning department.
(2008,Ord.No.08-98,sec.4.)
SUPP. 12 (7-2011) 16-2
Section 13-3. Appointments.
No appointing authority shall appoint any person to any office or position which is
exempt from the civil service laws until satisfied by proper investigation that the person to be
appointed is fully qualified by experience and ability to perform the duties of that office or
position.
(1990,Prop. 6, sec. 1 and Prop. 14,sec. 1;2000,Prop.2,sec. 1 1,Prop. 3, sec.2,and Prop. 7,sec. 12.)
Section 13-4. Boards and Commissions.
Except as otherwise provided in this charter, all boards and commissions specifically
established by this charter shall be governed by the following provisions:
(a) The members shall serve staggered terms of five years. Upon the initial
appointment of the members of a commission consisting of five members, one
shall be appointed for a term of one year, one for a term of two years, one for a
term of three years, one for a term of four years, and one for a term of five years.
Upon the initial appointment of the members of a commission consisting of seven
members, one shall be appointed for a term of one year, one for a term of two
years, two for a term of three years, two for a term of four years, and one for a
term of five years. Upon the initial appointment of a commission consisting of
nine members, one shall be appointed to a term of one year, two for a term of two
years, two for a term of three years, two for a term of four years, and two for a
term of five years.
(b) The members shall be appointed by the mayor, and confirmed by the council, and
may be removed upon recommendation by the mayor and the approval of the
council.
(c) No member shall be eligible for a second appointment to the same board or
commission prior to the expiration of two years, however, members of any board
or commission appointed for a term of two years or less shall be eligible to
succeed themselves for an additional full term.
(d) No member whose term has expired shall continue to serve on such board or
commission, except that if no successor has been appointed and confirmed, the
member shall continue to serve for ninety days or until a successor is appointed
and confirmed,whichever comes first.
(e) Any vacancy occurring in any board or commission shall be filled for the
unexpired term.
(f) Not more than a bare majority of the members shall belong to the same political
party.
(g) Members shall receive no compensation but shall be reimbursed for necessary
expenses incurred in the performance of their duties. Necessary expenses may be
paid in advance as per diem allowance which shall be established by ordinance.
Members of boards and commissions who do not receive compensation from their
employers during the time they are serving on boards and commissions may be
reimbursed by the county for actual work hours lost at the straight time rate of pay
of such members in their regular employment but in no case shall such
reimbursement exceed two times the state minimum wage hour rate.
(h) A chairperson shall be elected from its membership annually.
ATTACHMENT 3
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(i) The affirmative vote of a majority of the entire membership to which a board or
commission is entitled shall be necessary to make any action valid; except that in
the case of a board or commission which has only advisory functions, the
affirmative vote of a majority of those present shall be sufficient to make any
action valid.
(j) Each board and commission shall have the power to establish its rules of
procedure necessary for the conduct of its business, which rules shall contain the
time and place of all regular meetings, and which shall specify that a quorum shall
be a majority of the members to which the board or commission is entitled.
(k) Notwithstanding any other provision in this charter, no person shall, by reason of
occupation alone, be barred from serving as a member of any board or
commission.
(1) The council shall act to confirm or reject any appointment made to a board or
commission by the mayor within forty-five days after receiving notice of the
appointment from the mayor. If the council does not confirm or reject any such
appointment within forty-five days, the appointee shall be deemed to have been
confirmed.
(m) The redrawing of council district boundaries during a commission member's term
shall not affect a member's eligibility to represent the district to which the
member was appointed.
(1979, Prop. 11 and Prop. 13; 1990,. Prop. 8, sec. 1, Prop. 9, sec. 1, Prop. 13, secs. 1 and 2, and Prop. 14,
sec. 1; 2000,Prop. 5,sec. 1 and Prop. 16,sec. 1;2006,Ord.No.06-51,sec. 2;2010,Prop. 17, sec. 1.)
Section 13-5. Oaths of Office.
Before entering upon the duties of their office, each officer elected or appointed shall
subscribe to the oath or affirmation before some person duly qualified to administer oaths:
"I do solemnly swear (or affirm) that I will support and defend the Constitution of the United
States of America, and the Constitution of the State of Hawai`i, and that I will faithfully
discharge my duties as ... to the best of my ability."
(1990,Prop. 14,sec. 1;2010,Prop. 7,sec. 57.)
Section 13-6. Bonding Officers.
The director of finance and such other county officers or employees as the council may
require shall furnish bonds in the amount and with the surety prescribed by the council by
ordinance. The premiums on such bonds shall be paid by the county.
Section 13-7. Rules and Regulations.
Except as otherwise provided in this charter, all rules and regulations having the force
and effect of law adopted by any board, commission or administrative head of a department shall
be approved by the mayor before going into effect. The provisions of this section shall be
applicable to service rates or fees, license fees and other charges.
(1990,Prop. 16,sec.4; 2010, Prop. 7,sec. 58.)
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Section 13-20. Records and Meetings Open to The Public.
(a) All books, minutes and records of every agency of the county shall be open to the
inspection of any person at any time during business hours, except as otherwise provided
by law. Certified copies or extracts from such books and records shall be given by the
officer who has custody of same to any person requesting such copies and extracts and
paying or tendering a reasonable fee to be fixed by the council.
(b) All meetings of the council,boards and commissions shall be held in the council meeting
room or other public places and no such bodies shall take any official action except at a
meeting open to the public. Where personal matters affecting the privacy of an
individual are to be considered, the council, board or commission may, at the request of
the individual involved, consider such matters in closed session; however, any official
action resulting therefrom shall be acted upon in an open meeting. Boards and
commissions that are empowered to give examinations to determine the capabilities of
individuals shall be excepted from the provisions of this section when technical
examinations and questionnaires are being drafted by such bodies.
The term"official action" as used in this section means a collective decision made by
a majority of the members of the council, board or commission, or an actual vote by a
majority of the members of the council, board or commission, when sitting as a body or
an entity,upon any matter before the council,board or commission.
(c) The council, board or commission shall provide notice of any regular, special,
rescheduled or emergency meeting according to the provisions of the Hawai`i Revised
Statutes.
(d) Business conducted by the council, board or commission during a meeting which does
not conform to the provisions of this section shall be null and void.
(e) News gatherer's sources, privileged. No legislative or administrative body, or any other
county body having the power to issue subpoenas shall adjudge in contempt any
publisher, editor, or reporter,who is or was connected with or employed by a newspaper,
press association,wire service, or a radio or television station, for refusing to disclose, in
any county action, hearing, investigation, inquest, or inquiry, the source of any
information procured while connected or employed by the newspaper, press association,
wire service, or station for publication in a newspaper or for news or news commentary
purposes on radio or television.
(1974, Ord.No. 58, sec. 1; 1990, Prop. 10, sec. 5; 2010, Prop. 7, secs. 60 and 61, Prop. 18, sec. 1, and
Prop. 19,sec. 6;2012,Ord.No. 11-85,sec. 2.)
Section 13-21. Cooperation with Other Agencies.
In the performance of its functions, each agency of the county shall cooperate with
private agencies and with agencies of the governments of the United States, the State and other
states and with any of their political subdivisions having similar functions.
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