2017-06-01 Windward Planning Commission Minutes Exhibits 1-3 (Admin Matters)

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COUNTY OF HAWAIJ PLANNING DEPARTMENT Requirement to Inform Surrounding Property Owners and Lessees of Contested Case Procedure These requirements are prepared in accordance with the Planning Commission's Rules of Practice and Procedure, Rule 4, Contested Case Procedure, effective 6/xx/17. Rule 4, Contested Case Procedure affects "all cases where the action of the Commission is the final action of a County official or agency, prior to the opportunity for appeal to Circuit Court, whenever it is required. It shall therefore be followed in all cases where statutes provide for direct appeal from the Commission to Circuit Court." Applications affected by Rule 4 include Planned Unit Development Permits, Special Permits, Shoreline Setback Variances, Special Management Area (SMA) Use Permits and Use Permits. First Notice Within (10) days after the Planning Department or Planning Commission has officially acknowledged receipt of your application, you are required to serve notice of your application on surrounding property owners and lessees of record, in accordance with the Hawaii County Zoning Code, Section 25-2-4. Second Notice Planned Unit Development Applications, Special Permit Applications, Shoreline Setback Variance Applications and Use Permit Applications: You are required to serve a second notice to surrounding owners and lessees of record within ten (10) days after receiving notice from the Director of the date of the scheduled hearing but not less than ten (10) days prior to the date of the scheduled hearing. SMA Use Permit Applications: You are required to serve a second notice within ten (10) days after receiving notice from the Director of the date of the scheduled hearing but not less than twenty (20) days prior to the date of the scheduled hearing. Both notices shall include the following information: Name of the applicant; Precise location of the property involved, including tax map key identification, location map and site plan; Nature of the application and the proposed use of the property; 4. Date on which the application was filed with the director or the commission; 5. Inform the landowner and lessee that they have aright to submit a written request for a contested case procedure. Should they seek to intervene as a party, they shall file a written request on the attached form, "Petition for Standing in Contested Case Hearing." You should include this form in both notices to the landowners and lessees. The request