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PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT MARCH 1,2012 A regularly advertised hearing on the PLANNING DIRECTOR INITIATED AMENDMENT CHAPTER 25 (ZONING CODE)OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED)RELATING TO NOTIFICATION REQUIREMENTS FOR ZONING AMENDMENT,PROJECT DISTRICT AND AGRICULTURAL PROJECT DISTRICT, was called to order at 9:51 a.m. in the County of Hawai`i, Aupuni Center Conference Room, 101 Pauahi Street,Hilo,Hawai`i,with Chairman Zendo Kern presiding. COMMISSIONERS PRESENT: Zendo Kern,Dean Au,Takashi Domingo,Wallace Ishibashi, Stephen Ono and Raylene Moses STAFF PRESENT: Ivan Torigoe (Deputy Corporation Counsel), B. J. Leithead Todd (Planning Director), Daryn Arai (Planning Program Manager), Phyllis Fujimoto (Staff Planner), Maija Cottle (Staff Planner), Jeff Darrow (Staff Planner), and Sharon Nomura (Secretary) And eight people from the public in attendance. APPLICANT: PLANNING DIRECTOR INITIATED Amendment to Chapter 25 (Zoning Code)of the Hawai`i County Code 1983 (2005 Edition,as amended) relating to notification requirements for zoning amendment,project district and agricultural project district applications. The proposed amendment will specifically amend Sections 25-2-42(b), 25-6-44(b)and 25-6-54(b), and is a housekeeping matter that seeks to provide consistency among different sections of the Zoning Code. KERN: Application No. 4,Planning Director initiated Amendment to Chapter 25 (Zoning Code)of the Hawai`i County Code 1983 (2005 Edition, as amended)relating to notification requirements for zoning amendment,project district and agricultural project district applications. Maija,please make the presentation. COTTLE: Thank you,Mr. Chair. I don't actually have a presentation up on the screen but-. This is an amendment to the Zoning Code that the Director is, again, initiating. And the reason this is being initiated is because through the course of our work with the Zoning Code sometimes we see conflicts between different sections of the Code. In this particular case,the County Council adopted an ordinance back in 2010 that changed the language for notification to surrounding property owners. It used to be that when an applicant submitted their application to the Department they had ten days from that date to notify their surrounding neighbors of their application. The County Council changed that to where once the applicant submits their application,the Planning Department acknowledges receipt and then it's accepted,then they have 10 days to notify their neighbors. It's a little bit more efficient that way and less confusion for the neighbors as well. So that change was made way back in 2010,but there were three sections of the Zoning Code that were left how they were originally written. So it created a little bit of confusion and conflict. So this change,this amendment is just to bring those other three sections of the Code into consistency with the change that was made by the Council back in 2010. So it's just a housekeeping measure. Are there any questions? KERN: Thank you, Maija. Are there any questions for staff? I have just a quick point of clarification. We might be confused on this. I see that,you know, it has been stricken out in these areas and then the new"B." This"B"is going to just replace these"B's"in its entirety? 1 Comm. 671 Bill 231