COM 0475.009 2008-2010 - Laserfiche WebLink

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COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND AND RECOMMENDATION INITIATOR: COUNTY COUNCIL (BILL NO. 125 DRAFT 3) AMENDMENT TO CHAPTER 25 HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED) BRCCINotification.doc -I /5/ 10 The County Council has drafted amendments to Chapter 25, Article 2, Division 1 Section 25 -2 -4 of the Hawaii County Code relating to required notification to surrounding property owners and lessees of record for applications, including change of zone applications. The Hawaii County Code requires notice to be served on property owners and lessees of record whose Lots are within 500 feet along the perimeter boundary of a property affected by any change of zone application within the State Land Use (SLU) Agricultural district, provided the surrounding lots are also in the State Land Use Agricultural district. The Council finds that larger lot sizes in the Agricultural district may result in few surrounding property owners receiving notification of pending applications. Thus, the bill expands the notification requirements for a Change of Zone from the current 500 feet to 1,000 feet along the perimeter boundary of the building site affected by the application or the two contiguous lots in all directions, whichever distance is greater, if the site is located in the SLU Agricultural and County Agricultural zoned districts. For adjoining properties within the SLU Urban or Rural districts, the Council proposes that notice be provided to landowners and lessees of record within 300 feet of the building site. Applications other than a change of zone will require notice to be served to property owners and lessees within 500 feet of the perimeter boundary of the subject property. The Council further recommends that the applicant serve notice of the filing of the application to surrounding owners and lessees within 10 days after the Planning Director or Planning Commission officially acknowledges receipt of the application. Currently, applicants are required to provide notification within 10 days after the filing of the application, or prior to official acceptance of the application. The proposed new language will clarify that notices be provided after the application has been officially accepted by the Planning Director or Planning Commission. (Exhibit 1 - Bill No. 125 Draft 3)