HomeMy WebLinkAboutCOM 0475.005 2008-2010
DONALD IKEDA
Council Member
District 2 South Hila
Phone No.: (808) 961-8261
Fax No.: (808) 961-8912
E-mail: dikeda@co.hawaii.hi.us
HAWAI~COUNTYCOUNCIL
County of Hawai 'i
Hawai'i County Building
25 Aupuni Street
Hila, Hawai 'i 9672(}
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To:
J Yoshimoto, Chair
And Council Members
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Date:
November 10, 2009
From:
Donald Ikeda, Council Member
Re:
Proposed Amendments to Bill 125, Draft 2, Relating to Notification of Surrounding
Property Owners and Lessees of Record for Change of Zone Applications
Attached please find proposed amendments toBill125; Draft 2. These amendments are being
proposed pursuant to public testimony and the ensuing discussion relating to the Bill during the
November 3, 2009, meeting of the Planning Committee. The amendments are illustrated in
Ramseyer format with respect to the contents of Bill 125, Draft 2, and bolded for illustrative
purposes only. They are as follows:
1. Amend certain language in SECTION lto read as follows:
"Purpose. The Hawai'i 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, prov,iding the surrounding lots are also in the state land use agricultural district. One acre
being the eq~i-V~1:ent of 43,560 square feet, the size of lots in agricultural districts may [entail that]
result in very few surrounding property owners [are so notified] receiving proper notification of
pending applications. This ordinance expands the perimeter boundary for notification of an
application for 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. "
2. Amend SECTION 2, proposed paragraph 25-2-4(a)(3) relating to notification
parameters, to read as follows:
"(3) For applications requesting a change of zoning district classification,
such notice shall be served on the owners and lessees of record of all
lots of which any portion is within one thousand feet of any point
along the perimeter boundary of the building site affected by the
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November 10, 2009
Page 2
application or the two nearest lots in any direction, whichever
distance is ereater, if the building site is located within the state land
use agricultural district or the County zoned agricultural district. For
those adjoining properties located within either 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 of the building site."
A draft copy of Bill 125, Draft 3, is attached with the proposed amendments incorporated.
DI:awm
Att.
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, DIVISION 1,
SECTION 25-2-4, OF THE HAW AI'I COUNTY CODE 1983 (2005 EDITION, AS
AMENDED), RELATING TO NOTIFICATION OF SURROUNDING
PROPERTY OWNERS AND LESSEES OF RECORD FOR CHANGE OF ZONE
APPLICA TIONS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAW AI'I:
SECTION 1. Purpose. The Hawai'i 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 result in very few surrounding
property owners receiving proper notification of pending applications. This ordinance
expands the perimeter boundary for notification of an application for 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 Hawai'i
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:
(1) Such notice shall be served to the owners and lessees of
record of all lots of which any portion is within three
hundred feet of any point along the perimeter boundary of
the building site affected by the application if the building
site is located within the state land use urban or rural
district[,-eF L
(2) For applications other than those requesting a change of
zoning district classification, [S-l:lffi] such notice shall be
served on the owners and lessees of record of all lots of
which any portion is within five hundred feet of any point
along the perimeter boundary of the building site affected
by the application if the building site is located within the
state land use agricultural district, except that if the
surrounding lots are located within either 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 of the building siteH; or
(3) F or applications requesting a change of zoning district
classification, such notice shall be served on the owners
and lessees of record of all lots of which any portion is
within one thousand feet of any point along the perimeter
boundary of the building site affected by the application or
the two nearest lots in any direction, whichever distance is
greater, if the building site is located within the state land
use agricultural district or the County zoned agricultural
district. For those adioining properties located within
either 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 of the
building site.
(b) The applicant shall first serve notice of the filing of the application
on the surrounding owners and lessees within ten days after the
[application has been filed with the director or commission,]
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.
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