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Home My WebLink AboutCOM 0475.001 2008-2010 tY OFk DENNIS "FRESH" ONISHI°y'W PHONE: (808) 961-8396 FAX: (808) 961-8912 Council Member District 4 EMAIL: donishi@co.hawaii.hi.zis grE•o f'N~,'~+ IIAWAI`I COUNTY COUNCIL Mailing Address: 25 Aupuni Street, Hilo, Hawaii 96720 Business Address: 333 Kilauea Avenue, Ben Franklin Building, 2" d Floor, Hilo, Hawaii 96720 r.' s~ MEMORANDUM 00 TO: J Yoshimoto, Council Chair' J and Council Members 4 FTI FROM: Dennis "Fresh" Onishi, Council Member DATE: October 8, 2009 SUBJECT: Proposed Amendment by Substitution to Bill No. 125, Relating to Notification of Surrounding Property Owners and Lessees of Record for Change of Zone Applications Bill No. 125 to increases from 500 feet to 1,000 feet the distance required for notice to surrounding property owners and lessees of record of pending zone change applications in state land use agricultural districts or county zoned agricultural districts. After consultation with the Planning Department, Corporation Counsel and the Clerk's Office, I submit for Council consideration the attached bill for amendment by substitution. DFO/kk Attachments Comm. No. 5. Ref. To. Ci Ref. Date -Q QT 0 8 2649 Hawai `i County is an Equal Opportunity Provider and Employer. -4 OF64 COUNTY OF HAWAII STATE OF HAWAII Sri uc.H~:e~ BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, DIVISION 1, SECTION 25-2-4, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO NOTIFICATION OF SURROUNDING PROPERTY OWNERS AND LESSEES OF RECORD FOR CHANGE OF ZONE APPLICATIONS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The Hawaii County Code requires notice to be served on property owners and lessees of record whose lots are within five hundred feet of any point along the perimeter boundary of a building site affected by any zone change application within the state land use agricultural district, providing the surrounding lots are also in the state land use agricultural district. One acre being the equivalent of 43,560 square feet, the size of lots in agricultural districts may entail that very few surrounding property owners are so notified of pending applications. This ordinance expands the perimeter boundary for notification of a change of zoning district classification when the building site and surrounding properties are located in the state land use agricultural district or the county zoned agricultural district. SECTION 2. Chapter 25, article 2, division 1, section 25-2-4 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended by amending subsections (a) and (b) to read as follows: "(a) Whenever any application under this chapter requires notice to owners and lessees of record interests of the surrounding properties[:], the applicant shall provide such notice as follows: 1l Such notice shall be served to the "`a lessees o f '-eeer`a e all lots of ti ieh anypvrtion within three 7-.undr-e f et of any along the perimeter- b etin of the 1",;l. ing site "ff eto.7 h.. point the appliea4ion if the building site is leeated within the state laRd use ,rb,,, ^1 d stri t (2) Stkeh n6tiee shall be s oa on the owners n lessees of record of all lots of " high-any porftiovi"i-'r-`rwithin five hziix geed feet of o any point along the pefimeter- boundary of the building site affeeted-b-y the u plieation if the building- Site is located within the state land is~et, exeeppt tl~- crnt if the ing lots z rn- are agricultural leeated ithi the - neither- ttie state land urban r.,l d strrCT notice shall ir be ser-v-°ed on the awner- s and lessees frccor-d of all lots -vr-w-rreh any poAien is within tIffee hundred feet of the bU kiln" Site-.] For applications other than for zone changes for which the property is located within the state land use urban or rural district, the applicant shall provide notice to owners and lessees of record of all lots of which any portion is within three hundred feet from the perimeter boundary of the property under consideration. If the applicant's property is situated within the state land use agricultural district, the notice shall be provided to owners and lessees of record of all lots of which any portion is within five hundred feet from the perimeter boundary of the under consideration except that if the surrounding properties are located within the state land use urban or rural district, notice shall be served on the owners and lessees of record of all lots of which any portion is within three hundred feet from the perimeter boundary of the property under consideration. For change of zone applications within the state land use urban or rural districts but excluding properties zoned agricultural by the County, the qpplicant shall provide notice to owners and lessees of record of all lots of which any portion is within three hundred feet from the perimeter boundary of the property under consideration. For change of zone applications within the state land use agricultural district or the County's agricultural zoned district, the applicant shall provide notice to property owners and lessees of record of all lots of which any portion is within one thousand feet from the perimeter boundary of the property under consideration, except that if the surrounding properties are located within either the state land use urban or rural district and not the County zoned agricultural district, notice shall be served on the owners and lessees of record of all lots of which any portion is within three hundred feet from the perimeter boundary of the property under consideration. i (b) The applicant shall first serve notice of the filing of the application on the surrounding owners and lessees within ten days after the [applie-at-ieri-has been filed with the difeetor o r ] director or commission has officially acknowledged receipt of the application, and shall again serve notice of the application and of any proposed action or public hearing on the surrounding owners and lessees, within ten days after receiving notice from the director or the commission of the date of the proposed action or hearing. The second notice shall be served not less than ten days prior to the date of the proposed action or hearing." SECTION 3. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material and underscoring need not be included. 2 SECTION 4. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. SECTION 5. This ordinance shall take effect upon its approval INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2°d Reading: Effective Date: s 3