COM 0998.001 2006-2008 - Laserfiche WebLink

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Casey Jarman February 1, 2008 Page 5 which requires the Planning Director to provide property owners notice "no later than thirty days prior to the commission's public hearing on the amendment." Despite these procedural defects, the Commission held a hearing on the Downzoning on December 12, 2007, and there continued the matter to January 11, 2008.2 A final point Kohala wishes to raise is the Planning Director's failure to post signs at the Subject Property to notify the public of the proposed Downzoning. Under Haw. Ct. Code § 25-2-12 and Commission Rule 11-4 (a), such signs must be posted within ten days of acceptance of an application for zoning amendment. The Planning Director initiated the proposed Downzoning in June, 2007. Kohala is not aware of any public notification signs being posted at the Subject Property. For the reasons stated above, Kohala does not believe the Downzoning can be heard by the Hawaii County Council at this time. Instead, the Downzoning must be returned to the Commission for a further, properly noticed, hearing. In addition, an appropriate sign alerting the public to the Planning Director's proposed zoning amendment should be posted on the Subject Property. Very truly yours, STEV S. . LIM JAB Enclosures cc: Ivan M. Torigoe, Esq., Attorney for Planning Commission William Brilhante, Esq., Attorney for Planning Department Amy Self, Esq., Attorney for Planning Department Jennifer A. Benck, Esq. 2 Planning Director's notice to Kohala of the January 11, 2008 hearing was mailed December 17, 2007, and therefore did not comply with the thirty day notice requirement under Haw. Ct. Code § 25-2-43 (d).