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HomeMy WebLinkAboutCOM 0352.010 2018-2020 P / PC SUBMITTED BY: NANCY PISSICHIO COUNTY CLERK BILL 87 COUNTY OF HAWAII COMM. 352 RECEIVED Hawaii County General Plan 75-7 Time 1;tn�,pM By Hawaii Date �(/�� v�►� 2J PLAN IMPLEMENTATION The General Plan sets forth broad goals, objectives, and policies. Implementation requires translating these broad statements to specific actions, systematically evaluating progress, and active community participation. In this regard, follow-up planning efforts will involve the preparation of Community Development Plans, Capital Improvements Program, and an annual report. 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. I 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 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. Comm. No. 2' Ref. To: PG Ref. Date J U L 2 3 2019 After the steering committee has recommended approval of the Community Development Plan, it shall be forwarded to the Planning Commission 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 Planning Commission an opportunity to review and comment upon substantive amendments and modifications before final adoption of the plan. In theprocess 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. 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. CHAPTER 16 PLANNING Article 1. General Plan. Section 16-1. The County of Hawaii general plan. Article 2. Community Development Plans. Section 16-2. Adoption of community development plans. Section 16-3. Review and amendment. Article 3. CDP Action Committees. Section 16-4. CDP action committees. Section 16-5. Membership and tenure. Section 16-6. Duties and responsibilities of the CDP action committees. ks t i 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. (1983 CC, c 16, sec 16-1; am 2006, ord 06-153, sec 1; am 2007, ord 07-70, secs 2, 3 and 4; am 2008, ord 08-98, sec 2; am 2009, ord 09-150, sec 2, ord 09-161, secs 1, 2, 3 and 4.) 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. HAMAKUA. The document identified as "Hamakua Community Development Plan"is adopted by reference, subject to later amendments by ordinance, and may be cited as the"Hamakua CDP." The planning area for the Hamakua CDP encompasses the Judicial District of Hamakua, North Hilo, and a portion of the South Hilo District in the County of Hawaii. KNO. The document identified as "Ka`u Community Development Plan" is adopted by reference, subject to later amendments by ordinance, and may be cited as the "Ka`u CDP." The planning area for the Ka`u CDP encompasses most of Judicial District 9 in the County of Hawaii. Eastern portions of the district near and including Volcano Village were included in the Puna CDP planning area and were, therefore, not incorporated into the Ka`u CDP. 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. 16-1 SUPP. 5 (1-2019) § 16-2 HAWAII COUNTY CODE 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 08-98, sec 3; am 2008, ord 08-116, sec 2; ord 08-131, sec 2; ord 08-151, sec 2; am 2008, ord 08-159, sec 2; am 2017, ord 17-66, sec 2; am 2018, ord 18-78, sec 2.) 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 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. (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 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 may, at the discretion of the member, 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. Existing vacant positions shall be filled before filling any position occupied by a member whose term has expired but who is willing to continue serving until their position is filled. (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 08-98, sec 4; am 2016, ord 16-77, sec 2.) SUPP. 5 (1-2019) 16-2 PLANNING § 16-6 Section 16-6. Duties and responsibilities of the CDP action committees. The duties and responsibilities of the committee are: (1) 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 08-98, sec 4.) f" 16-3 CHAPTER 16 PLANNING Article 1. General Plan. Section 16-1. The County of Hawaii general plan. Article 2. Community Development Plans. Section 16-2. Adoption of community development plans. Section 16-3. Review and amendment. Article 3. CDP Action Committees. Section 16-4. CDP action committees. Section 16-5. Membership and tenure. Section 16-6. Duties and responsibilities of the CDP action committees. i 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. (1983 CC, c 16, sec 16-1; am 2006, ord 06-153, sec 1; am 2007, ord 07-70, secs 2, 3 and 4; am 2008, ord 08-98, sec 2; am 2009, ord 09-150, sec 2, ord 09-161, secs 1, 2, 3 and 4.) 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. HAMAKUA. The document identified as "Hamakua Community Development Plan"is adopted by reference, subject to later amendments by ordinance, and may be cited as the "Hamakua CDP." The planning area for the Hamakua CDP encompasses the Judicial District of Hamakua, North Hilo, and a portion of the South Hilo District in the County of Hawaii. KA`U. The document identified as"Ka`u Community Development Plan" is adopted by reference, subject to later amendments by ordinance, and may be cited as the "Ka`u CDP." The planning area for the Ka`u CDP encompasses most of Judicial District 9 in the County of Hawaii. Eastern portions of the district near and including Volcano Village were included in the Puna CDP planning area and were, therefore, not incorporated into the Ka`iz CDP. 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. 16-1 SUPP. 5 (1-2019) 16-2 HAWAII COUNTY CODE 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 08-98, sec 3; am 2008, ord 08-116, sec 2; ord 08-131, sec 2; ord 08-151, sec 2; am 2008, ord 08-159, sec 2; am 2017, ord 17-66, sec 2; am 2018, ord 18-78, sec 2.) 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 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. (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 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 may, at the discretion of the member, 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. Existing vacant positions shall be filled before filling any position occupied by a member whose term has expired but who is willing to continue serving until their position is filled. (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 08-98, sec 4; am 2016, ord 16-77, sec 2.) SUPP. 5 (1-2019) 16-2 PLANNING § 16-6 Section 16-6. Duties and responsibilities of the CDP action committees. The duties and responsibilities of the committee are: (1) 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 08-98, sec 4.) 16-3