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HomeMy WebLinkAboutCOM 0279.000 1998-2000 ~ww William G. Davis Managing Director Stephen K. Yamashiro ~Yor Henry Cho 1~~C Deputy Managing Director O~'M. ~IIlilt~~1 II~ ~tt~ttit 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (BOS) 961-8211 • Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 Kailua-Kona, Hawaii 96740 (808)329-522fi • Fax (808)326-5663 Apri126, 1999 Honorable James Y. Arakaki, Chairman _ and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Ordinance No. 96-159 (REZ 840) Applicant: Finance Holdings Request: Amendment to Conditions B, D, E, I, J & K Tax Map Key: 2-2-44:3, 31, 32, 35 and 37 Change of Zone Application (REZ 98-27) Applicant: Nanawale Estates Co. Request: O to RA-la Tax Map Key: 1-4-47:87 Change of Zone Application (REZ 98-28) Applicant: Nanawale Estates Co. Request: O to RA-la and A-Sa Tax Map Key: 1-4-59:77 Change of Zone Application (REZ 98-29) Applicant: Nanawale Estates Co. Request: O to FA-la Tax Map Key: 1-4-76:38 ~;ll 79' Comm. Ho. ~ ~ / FYIe No. /-I CC S(~(3 Ref. To: P~ Ref. Date APR 9 9 1999 Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 Aprii 26, 1999 Amend Hawaii County Code -Chapter 23 (Subdivisions) Initiator: Planning Director ' Amend Hawaii County Code -Chapter 25 (Zoning) Initiator: Planning Director Change of Zone Application (REZ 99-004) Applicant: Leigh R. Hilbert Request: O and A-la to FA-2a Tax Map Key: 1-4-73:18 As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. Sincerely, en K.~~Cainashiro Mayor U IA41699.MAY Enclosures cc: Planning Department ~'vV os. Stephrn K. Yamashiro Mayor ~+i•••...•°•~/ ~ or Nr~ ft~nixrtf~r a~ ~ttf~ttti PLANNING COMMISSION 25 Aupuni Street, Room 109 • Hiiu. F4vnii %720.4252 (808) %1.8285 Pe>< (808) %I•%15 `APR 2 6 1999 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Deaz Chairman Arakaki and Members: Amend Hawaii County Code -Chapter 23 (Subdivisions) Initiator: Planning Director The Planning Commission at its duly held public hearing on April 16, 1999, voted to forward a favorable recommendation on the proposed amendment to Chapter 23 of the Hawaii County Code, relating to Subdivisions, by conforming it to amendments to the Hawaii County Charter. The proposed bill is intended to bring Chapter 23, Subdivision Code, into conformance with the Charter amendments to Section 5-4.2, relating to the Planning Director; Section 5-4.3, relating to the Planning Commission; and Section 5-6.3, relating to the Board of Appeals, of the Hawaii County Charter (1991). Two of the amendments aze to eliminate the Planning Commission from the appeals process and to have the Board of Appeals heaz and determine appeals from final decisions of the Planning Director and the Chief Engineer regarding matters within their respective jurisdiction, and to insure that no appeals from the Planning Commission are heard and determined by the Board of Appeals. The Charter amendments in Ordinance No. 98 83 became effective on March 3, 1999, 120 days after approval by the voters of the County of Hawaii on November 3, 1998. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 For your favorable consideration, enclosed is an ordinance amending Chapter 23 of the Hawaii County Code, relating to Subdivisions. A copy of the staff background report and minutes of the hearings are enclosed for your information. Sincerely, Leonard Tanaka, Chairman Planning Commission LCha2302.pc Enclosures 4 BCHRTRSC.agk-3/1/99 BOUNTY OF HAWAII PLANNING COMNIISSION _ BACK RO F.PORT PLANNING DIRECTOR INITIATED AMENDMENTS TO CHAPTER 23, RELATING TO SUBDMSIONS, BY GONFO MiN(' TO AW n O TNTV AR R >t~NDD~I`": The Planning Duector is initiating amendments to Chapter 23, relating to Subdivisions. On July 15, 1998, the Hawaii County Council passed Ordinance No. 98 83 (See Exhibit A), which initiated amendments to Section 5-4.2, relating to the Planning Duector; Section 5-4.3, relating to the Planning Commission; and Section 5-6.3, relating to the Boazd of Appeals, of the Hawaii County Charter (1991). Two of the purposes of the amendments were: 1. To eliminate the Planning Commission from the appeals process. 2. To have the Boazd of Appeals hear and determine appeals from final decisions of the Planning Director and the Chief Engineer regazding matters within their respective jurisdiction, and to insure that no appeals from the Planning Commission aze heazd and determined by the Boazd of Appeals. The voters of the County of Hawaii on November 3, 1998 approved the amendments (See Exhibit B -copy of 1998 Official General Election Ballot). The Charter amendments in Ordinance No. 98 83 became effective on March 3, 1999, 120 days after approval by the voters. This proposed bill is intended to bring Chapter 23, Subdivision Code, into conformance with the Charter amendments. ATTACH. C-279 (B-78) rw. 4=1 COUNTY OF HAWAI,.~~~==.~~ ..';STATE OF HAWAII ~ BILL NO. 211 ` ~ P~ 3 ~3 (Drafr 6) .4R aa~ 2_ , , . oxnnvANCE No. 98 83 C Ju,~?~~ 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 cturent sttucture of appeals to agency actions in the County of Hawaii is duplicative and conflicting. The proposed amendments will establish a snore 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 Platttting 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. ' 3. The Boatel 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: EXHIBIT 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 r decisiotu of the Planning Director and the Chief Engineer. 4. Conforms and simplifies the language to tttake inconsistent with other sectiotts of the chaner. SECTION 2. Section 5-4.2 of the Hawaii County Charter (1991), relating [o 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 tray be removed by the mayor. The director shall be the chief olannine 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] v' a the mayor, planning commission, and council on all planning and [rela[edJ land use matters. (b) Prepare a general plan [and amendments thereto to guide the development of the county district or districts] implementation plans and anv 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 ]isa of proposed capital improvements contemplated by _2_ agencies [and executive agencies] of the county and recommend the order of their priority. r (e) [Be charged with the administration ofJ dmin' ter the subdivision and zoning ordinances and regulations adopted thereunder. (f) (Be charged with the approval ofj )Tender 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.] ender decisions on proposed variances pursuant to law except that if anv written objections are made to the nlannint? director' 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 perform such 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 5-4.3 of the Hawaii County Chatter (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 tnatrner prescribed in Section 13-4. [Commission membership shall be reptrsetuative of the community and of the county geographical areas of Puna, Ka'u, Kona, Kohala, Hamakua, and Hilo.] Each member shall be a leeal resident and re¢istered voter of the district which the member reoresenu. In addition, the chief engincer of the county and the manager of the department of water supply or their designated representacives~ shall serve as ex-officio members of the commission without power to vote. The commission shall establish its toles of procedure and shall: (a) Advise the mayor, council and the planning director [in matters concerning] p~ planning [prograzns] and land use matters nursuant to law and this c ner. (b) Review the general plan, iu amendmenu and other plans and modifications thereof and transmit such plans with recommendations thereon through the mayor [o the council for consideration and action. [T'he commission shall recommend approval, in whole or in part, with or without modifications, or rejection of such plans.] (c) Revicw ro sed subdivision and zoning ordinances and amendmenu -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 wh,.,e 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.] [(~]Cdl jHold] Conduct Public hearings [whenever necessary and] in every case prior to action oa arty [rezoning request, variance, special exception, or other related applications.] matter uvon which the commission is required by law or this charter to ac Notice of the titae and place of the hearing shall be published at least ten days prior to such hearing in at least two daily t?ewspapers of general circulation in the county, ~ n_.e ~.,,.t, „~hP~ Muted duties and functions as may be necessary or *~auired tnrrsuant 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- "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. Each member shall be a le¢al resident and a rceistered 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, pltunbing, and electrical code and Paws. 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 consttuction 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 backeround or expertise in broad areas of plannine and construction shall be eiven ,preference although such knowledee is not a prereguisite 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 eneirreer regarding matters within their respective iurisdictions ~ r~~duct hearings in accordance with Chapter 91 Hawaii Revised Statutes. and this charter. ~ Be Dart of the planning department for administrative purooses. and said department shall provide necessary clerical and other assistance." -6- 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 dele[ed is bracketed.. New material is underscored. In ptittting this ordinance, the brackets, bracketed material, and underscoring need not be ittt.l[rded. 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 ettd,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. INTRODUCED BY: ' ~t_.~i?' I,•' COUNCIL MEMBER, COUNTY OF HAWAII Ht1o, Hawaii Dace of Introduction: May 6, 1998 Dal of 1st Reading: Jutre 1, 1998 Dal of 2nd Reading: June 16, 1998 Date of 3rd Reading: July 15, 1998 Et&aive Date: Mazt:tt 3, 1999 APPROVED AS TO FORM AND- LEGALITY: CORPORATION COUNSEL DATE: _7_ FFiCE OF THE COUNTY CLERK County of Hawaii Hi In ,Hawaii DRAFT 3 ~ ~ ROLL CALL V OTE 1mmJuccd IIy: BObbv Jean Leithead-'Todd AYES NOES ABS EX Dute ]ntrodueed: MeV 6 1998 X ~ Fim RwJing: June 1, 1998 Chuna X I Published: N/A Leithead-3odd X I I Ray X Reynolds ~ REAfAR/i5: ' OS/Ob/98 -Deferred Santan elo X Smith X T let X Ya¢on X B 0 1 0 DRAFT 4 ROLL CALL VOTE Seeond Reading: June 16 1998 ! ~ To Alavor. N/A I AYES NOES ABS I E.\ ~ Rcwrncd: NIA X ~ I Effecriyc N/A Chung Published: ~(/L Leithead•Todd X t I RaY X i Reynolds i ' REMARKS: Sanrangdo X 1 Smith TYIa X t I Yagong i X t ! 1 ! DO HEREBY CERTIFY that tJre foregoing B/LL was adopted by the Count' CounriJ ant/ pahliahrd us indicareJ above. A,~pmrni/Drmppro:•rd rhi.r dm• COUA'C!L CHAIR,IIAN CO~A'TY CLERK sra;;-~R c•nLnT1't~r'1!±nau BiuSo.: 211 (Draft 6) _ Rcierenec: C-760.02/PC-105 _ OFFICE OF THE COUNTY CLERK County of Hawaii ,Hawaii ROLL CALL VOTE ~ AYES NOES AB EX Introduced By: ~ Date Inwduced: ~ First Reading: Chun Published: Letthead"T°~ Ray Reynolds REMARKS: Santangelo Stttith I T ley Ya DFAFT 6 Thi rel ROLL CALL VOTE 9EOmQ;Reading: ~yy, 7S, t99R To Mayor. ; .?~±le ?l. 1998 AYES NOES ABS EX ~ Returned: .ln 7d, 1998 X Eff~tn:; Myrrh i. 7999 Chung X Published; AuCUSt 2. 1998 Leithead-Todd I Ray Reynolds X 07/01/96 - Defe=xed Santangelo X Smith X I Tyler X I Yagong X 7 0 2 0 1 DO HEREBY CERTIFY that the foregoing B/LL was adopted by the County Council and puhfished as irtdicatedabove.. '`••,-7 a~ "Y: L~~ Approt d this z y day .COUNCIL CHAIRMAN of 19 ~ :'~.~.~..~~~..e.(,r ~~/~'~tCt/~ ~ ~ COUNTY CLERK NA OR. OU: 'OFHAWAfI Bil1No.: 211 (Draft 5) Refercncc: -7 Ord. No.: I ayu urrtutHt_ utw~tiHt_ rt_tu t iuly rsNl_t_u l r STATE OF HAWAII COUNTY OF FU1WA9 3 NOYEMBEa 3,1998 O AMENDMENTS TO THE PROPOSED ORDINANCE STATE CONSTITUTION BY INRIATIVE 4 should the County Charter be PROPOSED BYTHE COUNTY OF HAWAII amended to: NIN ENTH LEGISLATURE a. Require that the Planning TneaBaxcdmedrrreremen6nenn ty9ie Commission membership The~~ ooneUWtlonoleenaidmsumwredbp 6e1v1r°'"tBa'~0f°I~` Ap°0°'~ be constituted of one mem- Ih'sleValb ebrespsllmetyourpoippep. e"Ekctlon0lMeIbl48youMehle ~ bar from each of the nine ~"~aBChg1 ~`tYr0t1M~0De°'~ council districts, and each 1 Should Article 8, hapter 74 , 1 Shall a t review commission of the Hawaii unty. Code member be a legal resident be appoin d every ten years, be amended t prohibit the and registered voter of the instead of ery' five years, storage or tr sportation of council district the member starting in th year 2005? redioactive terial used in represents? commertaal i lation fadNUes b. Require each member of YES O and corn ercial devices, the Board of Appeals be a processes r fatalities. legal resident and a regis- NO O tared voter of the County? ix;: c. Designate the Board of 2 Shall the Constitut of the ~B O Appeals as the only County State of Hawaii be a nded to body to hear appeals of final specHy that the legisla re shall ~ O decisions of the Planning have the power to rase mar- Direct Chief Engi- riage to opposite-sex co 7 PR OSED AMENDMENTS Weer n o to er have the TOTHE HAWAII Board ears hear Yes COUNTY CHARTS appeal o data ns of the tannin C on? NO W tma d the r ~ ~ a ' and simplify the nEled n Il~ili i 9 u en o nguage of the Charter relating to planning to make it consistent with other S a Systems sections of the CharteR be established as IF YOU AGREE WITH COUNTY separate agency in the Exec- pROPOSAL 4, VOTE "YES" PROPO$ 've Branch to operate the C E D ntys data processing sys-. IF YOU DISAGREE WITH 000N- te end coordinate and over- TY PROPOSAL 4, VOTE'NO" lro to ne«t d 9b 4~n see rations of all cqunty CO"'~ ~ w° feud eerega b' r ypn de ntal data processing prn9p~ce.AeknENglmoadr 9~weAehe SySte except for those sys- Yes O terns aintained by the NO O Dep t of Water Supply'1 Shall there be a nvention to propose a revisi of or amend- IF YOU AG E WITH COUNTY meets to the lion? PROPOSAL VOTE "YES' IF YOU DISAG E WITH 000N- Y~ O TY PROPOSAL VOTE "NO" NO O O f O 3 Should the teens of arvafi County Council mem be amended from two ye m E X H I B I T four years beginning in e I year 2000 without altering e ~ ~ present eight year term lima IF YOU AGREE WITH COUNTY COUNTY OF HAWAII ~ STATE OF HAWAII BILL NO. (PLANNING DEPAIrII~]T) ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 OF THE HAWAII COUNTY CODE, AS AMENDED, RELATING TO SUBDMSIONS, BY CONFORMING IT TO AMENDMENTS TO THE HAWAII COUNTY CHARTER SECTION 1. Purpose. On July 15, 1998, the Hawaii County Council passed Ordinance No. 98-83, which initiated amendments to §§5-4.2, 5-4.3 and 5-6.3 of the Hawaii County Charter (1991). As the ordinance stated, two of the purposes of the initiative were: - To eliminate the Planning Commission from the appeals process. - To have the Board of Appeals hear and determine appeals from final decisions of the planning director and the chief engineer regarding matters within their respective jurisdiction, and to insure that no appeals from the Planning Commission are heard and determined by the Board of Appeals. The voters approved this initiative on November 3, 1998. This bill is intended to bring Chapter 23, also known as the Subdivision Code, into conformity with the new code amendments. SECTION 2. Chapter 23, Article 2, Division 2, section 23-5, "Appeals" is amended to read as follows: Section 23.5. Appeals. ,Any person aggrieved by the decision of the director (or the commission] in the administration or application of this chapter, may, within thirty days after the director's (on the comission's] decision, appeal the decision to the boazd of appeals. Anv nerson a~ealin~ such a decision shall pav a nonrefundable fee of 250. The boazd of appeals may affirm the decision of the director [or the commission], or it may reverse, modify or remand the decision if the decision is: (a) In violation of this chapter or other applicable law; or (b) Clearly erroneous in view of the reliable, probative and substantive evidence on the whole record; or (c) Arbitrary, or capricious, or characterized by an abuse of discretion or cleazly unwarranted exercise of discretion. The board of appeals shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, necessary for the purposes of this section. SECTION 3. Chapter 23, Article 2, Division 2, section 23-19, "Review of director's action (non-applicant") is repealed. [Section 23-19. Review of director's action (nonapplicant). (a) Request for Review. If the director grants a variance over the timely written objection submitted by an "interested party," which means a person: (1) Who has a property interest in the subject propert; (2) Who owns property within three hundred feet of the subject property; or (3) Who can otherwise demonstrate to the satisfaction of the planning commission that such person will be so directly and immediately affected by the proposed variance that its interest in the action is cleazly distinguishable from that of the general public, then that interested party may request the planning commission's review of -2- the director's action. Such request must be made within ten working days after notice of the director's decision and shall be in writing, containing a statement of its grounds. (b) Procedure for Review. (1) The planning commission shall consider a request for a review of the director's action, at which time the applicant and the person who requested such review shall have an opportunity to be heard. (2) Within forty-five days after the receipt of a request for review, the planning commission shall determine either that the director granted the variance properly or that sufficient cause exists for a public hearing on the matter. (3) If the planning commission fails to make such determination within the prescribed time, the director's action shall be considered as having been affirmed. (c) Notice and Hearing. (1) If the planning commission detemrines that a public hearing is necessary, it shall promptly schedule the public hearing at which time the applicant and members of the general public shall have the opportunity to be heard on the application. (2) Notice of the public hearing and its purposes shall be provided by the planning commission to owners of interests in property within three hundred feet of the perimeter of the subject property by mail postmarked at least ten calendar days prior to the date of the hearing. (3) The planning commission's proceedings and action shall not be void should such an owner of a property interest fail to receive actual notice of the public hearing. (4) Notice of the public hearing and its purposes shall be published in a newspaper of general circulation in the County at least ten days prior to the date of the public hearing. -3- (d) Actions on Review. (1) Within sixty days of its decision to hold a public hearing on the matter, or within a longer period as may be agreed to by the applicant, the planning commission shall deny the application or approve it subject to the conditions, stating the factual findings supporting the variance. (2) If the planning commission fails to render a decision within the prescribed time, the director's action shall be considered as having been affirmed.] Section 4. Chapter 23, Article 2, Division 2, section 23-20, "Appeal of Director's action (by applicant)" is repealed. [Section 23-20. Appeal of director's action (by applicant). (a) If the director denies the application, such decision is final except that, within thirty days after notice of the decision, the applicant may appeal such action to the planning commission. (b) Form and Filing. An appeal by an applicant to the planning commission shall be submitted in writing to the department on a form prescribed by the planning commission and shall be accompanied by: (1) A nonrefundable filing fee of $100; and (2) Ten copies of a statement of the specific grounds for the appeal. (c) Notice and Hearing. (1) Notice of the public hearing and its purposes shall be published in a newspaper of general circulation in the County at least ten calendar days prior to the date of the hearing. In addition and pursuant to the same notice period, the department shall provide written notice to persons who had submitted timely objections before the director's action. -a- (2) The planning commission shall conduct a public hearing within a period of ninety days from the date of receipt of a properly filed appeal, unless that period is waived by the appellant. (d) Actions on Appeals (1) Within sixty days after the close of the public hearing or within such longer period as may be agreed to by the appellant, the planning commission shall affirm, modify, or reverse the director's action. (2) All actions of the planning commission shall contain a statement of legal and factual basis for its decision in accordance with the criteria contained in section 23-15 of this article. (3) A decision to affirm, modify, or reverse the director's action shall require a majority vote of the total membership of the planning commission. A decision to defer action on the appeal shall require a majority vote of the planning commission members present at the time of the motion for deferral. If the planning commission fails to render a decision to affirm, modify, or reverse the director's action within the prescribed period, the director's action shall be considered as having been affirmed.] SECTION 5. Chapter 23, article 2, division 2, "Further appeal rights," is repealed. [Section 23-21. Further appeal rights. (a) All actions of the planning commission are final except that, within thirty days after notice of action, the applicant or an "interested party" as defined in section 23-19 of this article, in the proceeding before the planning commission, may appeal such action to the board of appeals in accordance with its rules. (b) All actions of the board of appeals are final except that they are appealable to the third circuit court in accordance with chapter 91 of Hawaii Revised Statutes.] -5- SECTION 6. Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the bracketed material and underscoring need not be included. SECTION 7. If any provision of this ordinance, or the application thereof to any person or circumstances, is held invalid, such invalidityshall not affect the other provision or applications which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declazed to be severable. SECTION 8. This ordinance shall take effect INTRODUCED BY: COUNCII.MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: PLANNING COMMISSION COUNTY OF HAWAII PORTION OF MINUTES ON CHAPTER 23 Mazch 5, 1999 The Planning Commission met in regulaz session at 9:08 a.m. in the Hapuna Beach Prince Hotel, Hau Lehua Room, 62-100 Kauna'oa Drive, South Kohala, Hawaii, with Chairman Leonazd Tanaka presiding. PRESENT: Leonard Tanaka Richazd Baker, Jr. Geraldine Giffin Lin McIntosh Mildred Mosher James Souza Grant Togashi Alice Kawaha for Planning Director Eleanor Mirikitani, Staff Planner Pam Hazlow, Staff Planner Fred Giannini, Deputy Corporation Counsel (Left at 9:15 a.m.) Tom Pack representing the Depaztment of Public Works Glenn Ahuna representing the Department of Water Supply The Chair introduced the Commission and staff to members of the public. As Mr. Giannini had to leave for a Transportation Commission meeting in Kona, although he would be available through a cellulaz phone, he explained that Items 6 and 7 on today's agenda is for the purpose of complying with the Chazter Amendments passed in the last election. He noted that from now on certain actions by the Planning Drector and Planning Commission will be appealable duectly to the Boazd of Appeals. He said he will have to draft a new bill relating to Chapter 25 to state that Use Pemuts will now be granted by the Planning Commission after a contested case hearing and will not be appealable to the Board of Appeals. Mr. Giannini Left at this time, 9:15 a.m. AMENDMENT TO The Commission took this item up at 10:11 a.m. with CHAPTER 23 approximately 2 people from the public in attendance. PLANNING DIRECTOR SUBDIVISIONS c-2~9 C3,n ~'c PT ANNING DIRECTOR -Initiation of a proposed bill to amend Chapter 23 of the Hawaii County Code, relating to Subdivisions, by conforming it to amendments to the Hawaii County Charter. The Chair referred to Mr. Giazmini's eazlier briefing on this matter at the start of today's meeting. There was no one from the public wishing to testify on this agenda item. It was moved by Commissioner Baker and seconded by Commissioner Giffin that the public hearing be continued to the next Hilo meeting. Motion was unanimously carried by a voice vote of all Commissioners in attendance. The discussion ended at 10:11 a.m. PLANNING COMMISSION COUNTY OF HAWAII PORTION OF MINUTES ON CHAPTER 23 April 16, 1999 The Planning Commission met in regular session at 2:38 p.m. in the County Building, Councilroom-Room 109, 25 Aupuni Street, Hilo, Hawaii, with Chairman Leonard Tanaka presiding. PRESENT: Leonard Tanaka Richazd Baker Geraldine Giffin Lin McIntosh Mildred Mosher James Souza Grant Togashi Virginia Goldstein, Planning Duector Alice ICawaha, Staff Planner Susan Gagorik, Staff Planner Phyllis Fujimoto, Staff Planner Fred Giannini, Deputy Corporation Counsel Glenn Ahura representing Depariment of Water Supply Casey Yanagihara representing Department of Public Works And one person from the public in attendance PLANNING DIRECTOR -Continued public hearing on the initiation of a proposed bill to amend Chapter 23 of the Hawaii County Code, relating to Subdivisions, by conforming it to amendments to the Hawaii County Charter. Ms. I{awaha noted the proposed amendments were previously distributed to the Commission at Mazch 5th meeting. She clarified that the intent is to comply with the new Charter amendments whereby any appeals from vaziance applications would be to the Boazd of Appeals rather than to the Planning Commission. There was no one from the public wishing to testify on this agenda item. It was moved by Commissioner McIntosh and seconded by Commissioner Mosher to send a favorable recommendation to the County Council on the Planning D'irector's initiated amendments to Chapter 23 relating to Subdivision and by conforming to the Hawaii County Charter Amendments. A roll call vote was taken and motion carried with seven ayes (McIntosh, Mosher, Baker, Giffm, Souza, Togashi and Tanaka). The discussion ended at 2:41 p.m.