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Home My WebLink AboutGP2005AmendthruOrd07-070MirwN y Jiq COUNTY OF HAWAII STATE OF HAWAII y'jOl~M~~ BILL NO.5 ORDINANCE NO.o AN ORDINANCE AMENDING THE HAWAII COUNTY GENERAL PLAN, AS ADOPTED BY ORDINANCE NO. OS 25, RELATING TO GENERAL PLAN AMENDMENT PROCEDURES BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The purpose of this ordinance is in accordance with Section 3-15, Hawaii County Charter, and Section 16.2 Interim Amendments, County of Hawaii General Plan adopted by Ordinance No. OS 25. Specifically, the amendment is to streamline the current amendment procedures to the General Plan initiated by the County Council and the Planning Director, while still allowing adequate time for the Planning Director and Planning Commission to provide their recommendations as required by the Hawaii County Charter and the Hawaii County Code. SECTION 2. Ordinance No. 05-25, is amended by amending section 16.1, relating to Comprehensive Review of the County of Hawaii General Plan, to read as follows: 16.1 COMPREHENSIVE REVIEW l) The Planning Director shall initiate a comprehensive review of the General Plan a r..a,....:,... ,.c,.,,w..o,.,, and prepare a set of recommended amendments for review by the Planning Commission and adoption by the County Council. The recommended amendments shall be submitted to the County Council not more than ten years after the date of adoption of the previous amendments resulting from a comprehensive review. 2) The Planning Director shall give notice of the comprehensive review to the County Council, Planning Commission, and the general public. The notice shall state: a) The general scope of review; b) The [aljilit~] opportunity for the County Council, Planning Commission, and the general public to provide their comments and suggestions to the Planning Director; and c) The initiation date, [sen~a•al~°] general sequence of events, and time for completion of the review period. 3) The Planning Director shall establish a deadline for Council-initiated amendments during the comprehensive review which shall be not less than 120 davs after the initial notice under section 16.1(2). The Countv Council may initiate such amendments by resolution. The Planning Director shall conduct public workshops on amendments proposed by the Planning Director and by the Countv Council. 0~] ~ The public shall be afforded [HA] 21 days from the date of the last public workshop to provide comments to the Planning Director. 3~J ~ The Planning Director [rnay] shall then ('.,.r:°.° ....^«,.^°a t.,,°.,r^ rh° submit the amendments proposed by the Planning Director and by the Countv Council to the Planning Commission for its review and recommendation within [6A] 30 days after the public deadline to submit comments to the Planning Director. The Planning Director shall make a recommendation on any Council-initiated amendments. 6j] ~ The Planning Director shall notify a property owner of a proposed amendment that would redesignate its property to Open or Conservation, unless the property is already designated Conservation by the State [laud] Land Use Commission. frrrh° nt^.,..:.,^ r,:r°ct~r ~~^:.,°n., :.,:r:.,ro.. rho roao . l b,......J b..»...,.y ahse] Notice shall be [sent] igven not less than 21 days before the first Planning Commission hearing on the proposed amendment. rrnz„~ Dlanni==g r h°....°..^^°t rl.°...-....°.w......,..o~~h.,11 he .,..r;f owl .,F rh 1. 11 h C...,7 ...,.r 7°^^ rh.... '11 .7 1...C rh° f`......r.. !'..,.....:1'.. F..- 7r°] The Planning Commission shall conduct and complete its [public-kear-itrgs] review on the proposed amendments to the General Plan, and shall submit its recommendations, within [99] 150 days from the date of receipt of the pql~17 //pppr~~oposed amendments from the Planning Director. C°71 Lr [Tl. n1 r,.«.«,:^^;,... ^l.^71 ....h«.:r :r^ ~0.,.7.,r;,,., r~ rho !'~yynyyi 1 h 4h rh° Dt..«..:.. Tl:«°..r..«~^1 .:,:rh:.. ~!1 F.^.ntl~n a a r t~^~ ^rrh° ....hh^ h°^^^^ J The Planning Commission shall recommend approval of the r,:_°°`°-'°proposed amendments, in whole or in part, recommend changes, or recommend the rejection of the proposal for changes to the General Plan. If the Planning Commission fails to act on a proposed amendment within the required period, it shall be deemed a negative recommendation. The County Council shall review the amendments submitted [by-the glaimixg-Bi~eEter] and the recommendation of the Planning Commission and adopt an amended General Plan. [T'-°r a....r rh° ,.>-......e.. flio't'F 1 r'aa'a 7 h.. 41.., f',..,.. r.. !`........:1 2 The County Council may make modifications, deletions, or additions to the proposed amendments as it may deem necessary, within the General intent and subject matter of the proposed amendments, in accordance with its rules of procedure. However, any County Council chance to a proposed amendment which substantially chances the General intent or subject matter of the proposed amendment, such as newly addinc or deletinG a Goal, policy, or course of action, or standard, or a map amendment which chances a land use desiGnation of a parcel, shall be considered an entirely new proposed amendment. Such a new amendment proposed at this stage shall not be processed as part of the oncoinc comprehensive review, but shall be processed as a new interim amendment pursuant to Section 16.2." SECTION 3. Ordinance No. OS-25, is amended by amending section 16.2, relating to Interim Amendments of the County of Hawaii General Plan, to read as follows: 16.2 INTERIM AMENDMENTS l) The County Council may initiate interim amendments to the General Plan at any time [^oa~°~'"^n] e, XCepi during the comprehensive review pursuant to the following procedures: a) The County Council may, by resolution, [a~«°^"'-° D,°«..:«,. n;«°^',.«'° a-st•~t° a°`°--«~ .e t::e `°..~:,.:1:. , c`.; request the PlanninG Director and PlanninG Commission to review and make a recommendation on a proposed amendment. b) The Planning Director shall have [~29] 60 days or a longer period, as may be agreed to by the County Council, to submit a [^^«~«7°'°a r ^..a.:r..., °'.,a° arid] recommendation on the [~'^••~=tT^°~•~~•a'~] proposal to the Planning Commission for its review and recommendation. r°'>,° Dl^«^:^^ n:«°^'^« l 1 tL.° Dl..««:«,. P:«°,..,.« ~l...ll ..1......,,1..«:r ...7.-., Fi 1 F a a 1....1.° r°.,.,... !`..,,«..:1.] Thevraxr~xcc~'xorzmxaxv,=r¢xxvxrisri~&c...,.. PlanninG Director's recommendation may include succested changes consistent with the General intent of the proposed amendment, and the PlanninG Director shall, if requested by County Council, prepare a draft ordinance to implement the proposed amendment. c) The PlanninG Director shall notify a property owner of a proposed amendment that would redesignate its property to Open or Conservation, unless the property is already designated Conservation by the State Land Use Commission. Notice shall be Given not less than 21 days before the first Planninc Commission hearinG on the proposed amendment. c)] ~ The Planning Commission shall [ °«a..^' °«a 1.1:.. 1-,~^«ing~ o^] consider the proposed amendment n a...... ,.r_,.,.°:«. ,.r at no less than two meetings, and shall make its recommendation on the 3 proposed amendment to the County Council within 60 days from its receipt of the Planning Director's recommendation. n.t°.. °c.._°,..:,.° °.,a a,.-° ] If the Planning Commission fails to act within the required period, it shall be deemed a negative recommendation. f The County Council may make modifications, deletions, or additions to the proposed amendments as it may deem necessary. within the general intent and subiect matter of the proposed amendments, in accordance with its rules of procedure. However, any County Council change to a proposed amendment which substantially changes the general intent or subiect matter of the proposed amendment, such as newly adding or deleting a goal, policy, or course of action, or standard, or a map amendment which changes a land use designation of a parcel, shall be considered an entirely new proposed amendment and submitted to the Planning Director and Planning Commission for their review and recommendation. 2) Planning Director a) The Planning Director may initiate an interim amendment to the General Plan at any time other than during the comprehensive review. b) The Planning Director shall conduct a workshop on the proposed amendment prior to submitting it to the Planning Commission. c) The Planning Director shall submit the proposed amendment to the Planning Commission for its review and recommendation. d~ ~Tr. Dt 1,°71 1::.'~.:.°.::~ ~.,~::f,le.°, i,:'.~1:.'~, 1:..»....b t,' n a t.° a°.° ,.c_°,.°:L . ,.F«>,° ...-,,..,,..°,t 0.,,7..,e.,r 1 The Planning Director shall notify a property owner of a proposed 1 amendment that would redesignate its property to Open or Conservation, unless the property is already designated Conservation by the State Land Use Commission. Notice shall be given not less than 21 days before the first Planning Commission hearing on the proposed amendment. e` fTL. Dt l...il ....1..«:.o...]..f;.... f.~..ofl. ~.~41.l / l b a 41. Dl Tl'r„ „1 tl.,. !'5.....t., r°.,~°:I k}.:„ 4n An..9.~fr91$ r,F"~° ::e».:..b.] The Planning Commission shall conduct and complete its review on the proposed amendments to the General Plan, and shall submit its recommendations, within 120 days from the date of receipt of the proposed amendments. If the Planning Commission fails to act within the required period, it shall be deemed a negative recommendation. 4 li/ rTl.° r,...«~., r°..«,.:1 ..1,..11 rl.° ««,.«,...°.1 .,.,,°«.1..,°«r 7°«,.° l 1°....F««°,.':°e a°-° ]The County Council may makei..........». modifications, deletions, or additions to the proposed amendments as it may deem necessary, within the general intent and subject matter of the proposed amendments, in accordance with its rules of procedure. However, any County Council chance to a proposed amendment which substantially changes the general intent or subject matter of the proposed amendment, such as newly adding or deleting a goal, policy, or course of action, or standard, or a map amendment which changes a land use designation of a parcel, shall be considered an entirely new proposed amendment and processed as a new interim amendment pursuant to section 16.2(1). 3) General Public a) Consistent with the County Charter, a member of the public may submit an application requesting the Planning Director to initiate an amendment to the General Plan at any time (etl3er-fly] except during the comprehensive review. b) The application shall include: i) A filing fee of $500.00 to cover the administrative cost of processing the application; ii) A statement of the nature of the proposed amendment; iii)A draft of the language of the proposed amendment; iv)A statement of the reasons for granting the proposed change, supported by a written, documented assessment of the relationships of the proposed change with pertinent elements of the General Plan; and v) Maps, graphs, plot plan, and other supportive information. c) Upon receipt of a properly filed and completed application, the Planning Director shall have 120 days to take one of the following actions: i) Reject the application for an amendment; or ii) Initiate an amendment to the General Plan. d) Should the Planning Director initiate an amendment, the [Dir~tor 1. 11 1,l.1 L. Dl r F amendment shall be processed according to section 16.2(21. I L.7 1 t . :tl.: n .1 F « k ..fzho i,r^v :=rFi'vxn Fl Tl. Dl r l..,ll ..,.hw.:4 :4r l.. r:..« il.° a 7 L, r r,...«..:1 tl.:« zn .1°..~ F,..,, tl.°,.1„~e ,.f kl~c 1}]~ In the event that the Planning Director rejects an application for an amendment, the applicant may request the County Council to initiate an amendment on its behalf at any time, except during the comprehensive 5 review. If the County Council decides to initiate the proposed amendment by resolution, the amendment procedure shall follow section 16.2(1). Eij] 1~' In the event that an application is denied by the County Council, the same or a substantially similar application may not be submitted for consideration within one year following such denial, unless the applicant submits significant new data or additional reasons that the Planning Director may find to be a sufficient basis for the application to be considered." SECTION 4. Ordinance No. OS-25, is amended by amending section 16.3, relating to Rules and Regulations of the County of Hawaii General Plan, to read as follows: 16.3 RULES AND REGULATIONS. The Planning Director and the Planning Commission [shall] are authorized to promulgate rules and regulations to implement the amendment procedures." SECTION 5. Applicability. The amendatory provisions of this ordinance shall govern the procedure for amendment of the general plan notwithstanding any contrary or inconsistent provision within or without the genera] plan, and any such existing contrary or inconsistent provision is hereby suspended by the provisions of this ordinance. SECTION 6. Severability. 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 without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 7. Material to be repealed is bracketed. New material is underscored. In re-printing this ordinance or the General Plan, the brackets, bracketed material and underscoring need not be included. 6 SECTION 8. This ordinance shall take effect upon its approval. INTRODUCED COUNCIL ME R, COUNTY OF H WAII Kona Hawaii Date of Introduction: April 18, 2007 Date of ls` Reading: April 18, 2007 Date oft"d Reading: May 2, 2007 Effective Date:May 17 , 2007 REFERENCE-: Comm.181.1 7 OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawaii Introduced By K. Angel Pilago ROLL CALL VOTE Datelntroduced: April 18, 2007 AYES NOES ABS EX First Reading:April 18, 2007 Ford X Published:N/A Higa X Hoffmann X REMARKS:Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 9 0 0 0 Second Reading: May 2, 2007 To Mayor: May 11, 2007 ROLL CALL VOTE Returned: May 22, 2007 AYES NOES ABS EX Effective: May 17, 2007 Ford X Published: May 31, 2007 Higa X Hoffmann X REMARKS Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 8 0 1 0 1 DO HEREBY C'ERT/FY that the foregoing BILL was adopted by the County Co_unci[ published as indicated afiove. APPROVED AS TO C f FO AND LEGALITY: COUNCI CH IRiLYAN DEP TYCORPORATIO COUNSEL l~~f R^,, COUNTY OF HAWAII COUNTY ~LFRK Date MAY i 6 2007 75 Bill No.: fly Reference:C-181.1/PC-25 prov iDisapproved this day Ord No.: of _M.20~. 1' TINGMAYOR, COUNTY OFHAWAI7