HomeMy WebLinkAboutCOM 0070.009 2004-2006 ~ tY~06
Marry Kim e~ ~'U`'~~ Dixie Kaetsu
Mayor j$~ : e Managing Director
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° q' 'f{,•~r.~~:•~ ' Peter L. lEienclricks
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~`.~~'o~~~,~s Deputy Managing Director
C OLTI~t`T OF HAUVAI~ ~ ; :I . ~ ~
25 Aupuni Street, Room 215 Hilo, Hawaii 6720-4252 (808) 961-8211 • Fax (808) 961-6553
KONA: 75-5706 Kuakini Highway Suite 103 Kailua-Kona, Hawaii 96740
(808)329-5226 Fax (808)326-5663 "
June 8, 2005
Honorable Stacy Higa, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Higa and Members:
state Land Use Boundary Amendment Appli ation (SLU OS-001)
Request: Agricultural to Rural
Change of Zone Application (REZ OS-001)
Request: A-Sato RA-2a
Applicant: Tooman Family Trust; Marc R. ice Revocable Living Trust;
Patricia P. Rice Revocable Living Trust
Tax Map Key: 6-2-9:26
County Council Bill No. 23 (Draft 2)
As required by Chapter See. 6-4.3(C), Ha ai`i County Charter, transmitted herewith for the
County Council's consideration and action ar the Planning Commission's letters and enclosures
regarding the above-referenced requests.
Sincerely,
~'~J J~%
Harry Kim
Mayor
L052005
Enclosures
cc: Planning Department , •
Coarglsr. ~o"
Hawaii County is an Equa] Opportunity Employer and Provider T~'
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County of Hawaii
PLANNING COMMISSIOPY~ ~
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 9(720
Phone (808) 961-8288 • Fax (808) 961-8742
June 8, 2005
Stacy Higa, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Higa and Council Members:
Countv Council Bill No. 23 (Draft 2)
The Planning Commission at its duly held public hearing on May 20, 2005, voted to
forward a favorable recommendation to the County Council regarding County Council
Bill No. 23 (Draft 2). The favorable recommendation is based on the following:
On February 15, 2005, the County Council's Planning Committee voted to
forward Bill No. 23, Draft 2 to the Planning Commission for its review and
comment. This bill amends Chapter 14 (General Welfare), Hawaii County Code
by adding a new article entitled "Public Notification Development." This bill
would require a developer or landowner to post a sign of a proposed development
on the affected property for the following land use approvals or permits:
• Special Management Area (SMA) Use Permit, SMA Minor Permit, or
Shoreline Setback Variance pursuant to Chapter 205A, Hawaii Revised
Statutes.
• State Land Use Boundary Amendment or Special Permit pursuant
Chapter 205, FIRS.
• Subdivision approval or variance pursuant to Chapter 23 (Subdivision
Code), Hawaii County Code.
• Zoning amendment, variance, use permit, plan approval, planned unit
development, cluster plan development, or project district pursuant to
Chapter 25 (Zoning Code), HCC.
flawai'i County is an Equal Opportunity Provider and Employer
Stacy Higa, Cliairtnan
and Members of the County Council
Page 2
• Grading or grubbing permit pursuant to Chapter 10 (Erosion and
Sedimentation Control), HCC.
(NOTE: On May 2, 2005, Council Member Bob Jacobson submitted a
Bill No. 23, Draft 3 deleting the reference to the grading and grubbing
permit.)
The Planning Director agrees with the intent of the bill for public
notification. However, rather than creating a new article under Chapter 14
(General Welfare), the Planning Director recommends that these provisions be
included in the appropriate sections of Chapter 23 (Subdivision Code) and
Chapter 25 (Zoning Code). Further, since other permits such as Special
Management Area Use Permit, Special Permit, etc. are not requirements of the
County Code, the Planning Commission should amend its rules relating to these
types of permits.
Section 14-101(a)(2) of Bill No. 23, Drag 2 requires the posting of sign on
property proposed fora "land use district boundary amendment." This section
should be clarified to state that this provision applies to only County processed
land use district boundary amendments.
Section 2-149(e) should be amended as follows:
(e) No department, board, commission, [or] agency, or the council
shall approve an [applicant's] application unless:
(1) the applicant certifies that notice was properly posted in a
timely manner; and
(2) for any application that has a hearing, the applicant certifies
that neither the applicant nor the applicant's agent removed
the notice prior to the day of any hearing on the application.
Should you have questions regarding this matter, please contact Norman Hayashi of the
Planning Department at Extension No. 8288.
Sincerely,
~ Fred Galdones, Chairman
~1 Planning Commission
LBILL#23