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Home My WebLink AboutOrdinance 07-070COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. Ui 70 75 AN ORDINANCE AMENDING THE HAWAII COUNTY GENERAL PLAN, AS ADOPTED BY ORDINANCE NO. 05 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. 05 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 lever), ten years after the initial date of adoption of the Gmer-al -plau" And thee date of..deption ofsubsequent] 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 [ability] 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, [senedul I 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 days after the initial notice under section 16.1(2). The County Council may initiate such amendments by resolution. [(-341 (4) [Upeft eempletion ef the review perie ] The Planning Director shall conduct public workshops on ]the propose amendments proposed by the Planning Director and by the County Council. [(4)] (5) The public shall be afforded [60] 21 days from the date of the last public workshop to provide comments to the Planning Director. [(3)] (6) The Planning Director [Wray] shall then [initiate proposed amendments to th° Gener-al Plan and ] submit the amendments proposed by the Planning Director and by the County Council to the Planning Commission for its review and recommendation within [60] 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. �((�] (7) 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] Land Use Commission. [if the Planning Dir°cter originally initiates the redo then a notice] Notice shall be [sent] ig yen not less than 21 days before the first Planning Commission hearing on the proposed amendment. [if the Pla n nin Commission suggests the ..«,...osal the pfepeAy shall he notified of the Planning Direeter's deeision to initiate it not less than 21 days befeFe th County Council's first Feading. if initiated by the County Council, the pfep.�.' Shall he noti4isd not Iess than 21 .days before the County Council's F..- reading.] 1�7)1 (8) The Planning Commission shall conduct and complete its [public hear -ings] review on the proposed amendments to the General Plan, and shall submit its recommendations, within [90] 150 days from the date of receipt of the (/proposed amendments from the Planning Director. 1(871 ��qQ��77 pp�� Lr [The Planning Commission shall submit its r ondatien to the County C it a r h with the Planning Dire .ter'.. „ sal within 60 days from the h se of the public heafi .. ] The Planning Commission shall recommend approval of the [Planning Difeeter'° proposal] 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. [(�] (10) The County Council shall review the amendments submitted [by-the Planning DireeterI and the recommendation of the Planning Commission and adopt an amended General Plan. [The County Cetin.:1 . adopt the ,.>— ange.. proposed by the Planning Director and Plafming Commission, meluding any modifioations, deletions, additions deemed ne ° y by the County C6......:1 The County Cotmeil shall render a deeisien within 120 days of receipt of t pfoposed ] 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 change 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. Such a new amendment proposed at this stage shall not be processed as part of the ongoing comprehensive review, but shall be processed as a new interim amendment pursuant to Section 16.2." SECTION 3. Ordinance No. 05 -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 (1) The County Council may initiate interim amendments to the General Plan at any time [ether th n] e, xcept during the comprehensive review pursuant to the following procedures: (a) The County Council may, by resolution, Idireet the Planning Pirpeter to era study to dsts- 4....: n the r ngibilit , c`; request the Planning Director and Planning Commission to review and make a recommendation on a proposed amendment. (b) The Planning Director shall have [4-29] 60 days or a longer period, as may be agreed to by the County Council, to submit a [eempleted feasibility st.,,1° axd] recommendation on the [Count), Cetmea''s] proposal to the Planning Commission for its review and recommendation. [if the Planning Di feet.._ reeammends an .al the Planning Difeeter shall also ..,a....:t a a fa ft ,] F id ,.tion and tiara by the Ge.,..ty Council.] The vraxr�xcc�' xorzmxaxv,= r¢xxvxrisri� &c...,.. .,� .... �.., »...� ., »..... Planning Director's recommendation may include suggested 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 Planning Commission hearing on the proposed amendment. [(c)] (d) The Planning Commission shall [ enduet and ,.amplete its publie ,hearings on] consider the proposed amendment [within 60 days of_eeeipt Of the feasibility study and reeemmendatien ffom the Planning Direete ] at no less than two meetings, and shall make its recommendation on the proposed amendment to the County Council within 60 days from its receipt of the Planning Director's recommendation. afnendment together with the Plaming Direeter-'s feasibility study and f eee mendation to the Whin 30 days ffem the elos;e, of the fi ( g] (e) [The C... fAy C,...neil shall r-e ., the proposed a e..dment in aeeefdance with its rules ,.c .._ °,.t:,.° °.,a . ,.e I tr, ] 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 subject 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 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 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) [The Plafming Commission shall ,e n`:et and e.pete its iuble :earin within Ell days f ,..., the date of r-eeei t of the pr-..posed a e.,dme„t ] 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 Planning Commission hearing on the proposed amendment. (e) [TL. Ul b Commission shall submit its r endation together tl. l the Planning Di .-r„ proposal t,. the County C....neil within 30 days .. from t:i;P el°°° of th ° heafingd 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. 13 (f) [The County !•,....,,.:1 shall review the proposed .,...e «.1...e «t in .........-. anee with its (idles of .- °,.t:,.e ° «d a °-° ] 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 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 anytime [other-th I 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 [Planning Directo r shall then tfansmit the proposed afnendment to the Plaftning Gemmissio F its review and .... »,..,,.[ amendment shall be processed according to section 16.2(2). on h proposed amendment within 60 days °f. «t of the proposal ffaxn the Planning DiFeeter-. (f) The Planning n,.«..«..:....:,.« shall submit its r . .lotion on the «f..«..sed ,1 to the Count), !',.until within 30 days f...m the elese of the (g) The Catinty GE)uneil shall review the proposed amendment in aceor-danee with 1 fpraetiee and eed Yr lJ .1 [( I(e) 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 review. If the County Council decides to initiate the proposed amendment by resolution, the amendment procedure sball follow section 16.2(1). [(i)] 1T 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. 05 -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 general 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. SECTION 8. This ordinance shall take effect upon its approval. Kona , Hawaii Date of Introduction: April 18, 2007 Date of I" Reading: April 18, 2007 Date of 2"d Reading: May 2, 2007 Effective Date: May 17, 2007 REFERENCE-: Comm. 181.1 INTRODUCED COUNCIL ME R, COUNTY OF H WAII 7 OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawaii Introduced By: K. Angel Pila Date Introduced: April 18, 2007 First Reading: April 18, 2007 Published: N/A REMARKS: Second Reading: May 2, 2007 To Mayor: May 11, 2007 Returned: May 22, 2007 Effective: May 17, 2007 Published: May 31, 2007 REMARKS ROLL CALL VOTE AYES NOES ABS EX Ford X Higa X Hoffmann X Ikeda X X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 9 0 0 0 ROLL CALL VOTE AYES NOES ABS EX Ford X Higa X Hoffmann X Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 8 0 1 0 1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. Ai t APPROVED AS TO 7 AND LEGALITY: /`-' - DEP TY CORPORATIO COUNSEL COUNTY OF HAWAI'I Date MAY 1 6 2007 prov i Disapproved 1his 1 day 200. ;`,0TINGMAYOR, COUNTY OF HAWAII 1,i;;,, i t a.. COUNTY OLERK Bill No.: 75 Reference: C- 181.1/PC -25 Ord No.: 07 70