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HomeMy WebLinkAboutCOM 0475.009 2008-2010William P. Kenoi Mayor March 30, 2010 Honorable J Yoshimoto, Chairman and Members of the County Council County of Hawai i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yoshimoto and Members: Sincerely, William P. Kenoi Mayor Enclosures cc: Planning Department County of Hawaii 891 Ululan, Street • Hilo, Hawaii 96720 -3082 • (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 Initiator: County Council Amendment to Chapter 25, Article 2, Division 1, Section 25 -2 -4, Hawai`i County Code 1983 (2005 Edition, as amended) relating To Notification of Surrounding Property Owners and Lessees Of Record for Change of Zone Applications l 'i iv County Council As required by Chapter 4, Sec. 6- 4.3(C), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Leeward and Windward Planning Commissions' letters and enclosures regarding the above - referenced matter. William T. Takaba Managing Director Wally Lau Deputy Managing Director Comm. No. 4 11 5_. Ref. Tot C . Ref. Date APR 0 7 20111 March 30, 2010 The Honorable J Yoshimoto, Chairman and Members of the County Council County of Hawai'i 25 Aupuni Street Hilo, HI 96720 County .of Hawaii LEEWARD PLANNING COMMISSION • Aupuni Center .•'.101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720. • Phoned808) 961 -8288 '• Fax (808)961 -8742 Dear Chairman Yoshimoto and Council Members: Initiator: County Council Amendment to Chapter 25, Article 2, Division 1, Section 25 -2 -4, Hawaii County Code 1983 (2005 Edition, as amended) relating To Notification of Surrounding Property Owners and Lessees Of Record for Change of Zone Applications The Leeward Planning Commission at its duly held public hearing on February 26, 2010, considered the County Council's request for an amendment to Chapter 25, Article 2, Division 1, Section 25 -2 -4, Hawaii County Code 1983 (2005 Edition, as amended), relating to notification of surrounding property owners and lessees of record for change of zone applications. The Leeward Planning Commission voted to forward a favorable recommendation to the County Council for this request. We have enclosed the Planning Director's Background & Recommendation Report and a transcript of the hearing for your information. Sincerely, deric Housel, Chairman Leeward Planning Commission Lcouncdminated- SPONoti licationlwpc Enclosures cc: Planning Department -Kona Lincoln Ashida, Esq. Hawai'i County is at Equal Opportunity Provider and Employer March 30, 2010 The Honorable J Yoshimoto, Chairman and Members of the County Council County of Hawai` 25 Aupuni Street Hilo, HI 96720 County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961 -8288 • Fax (808)961 -8742 Dear Chairman Yoshimoto and Council Members: Initiator: County Council Amendment to Chapter 25, Article 2, Division 1, Section 25 -2 -4, Hawai`i County Code 1983 (2005 Edition, as amended) relating To Notification of Surrounding Property Owners and Lessees Of Record for Change of Zone Applications The Windward Planning Commission at its duly held public hearing on February 5, 2010, considered the County Council's request for an amendment to Chapter 25, Article 2, Division 1, Section 25 -2 -4, Hawaii County Code 1983 (2005 Edition, as amended), relating to notification of surrounding property owners and lessees of record for change of zone applications. The Windward Planning Commission voted to forward a favorable recommendation to the County Council for this request. We have enclosed the Planning Director's Background & Recommendation Report and a transcript of the hearing for your information. Sincerely, Rell Woodward, Chairman Windward Planning Commission Lcounc ilin i ti ated- SPONou ticati onwwpc Enclosures cc: Planning Department -Kona Lincoln Ashida, Esq. Hawai'i County is an Equal Opportunity Provider and Employer COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND AND RECOMMENDATION INITIATOR: COUNTY COUNCIL (BILL NO. 125 DRAFT 3) AMENDMENT TO CHAPTER 25 HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED) BRCCINotification.doc -I /5/ 10 The County Council has drafted amendments to Chapter 25, Article 2, Division 1 Section 25 -2 -4 of the Hawaii County Code relating to required notification to surrounding property owners and lessees of record for applications, including change of zone applications. The Hawaii County Code requires notice to be served on property owners and lessees of record whose Lots are within 500 feet along the perimeter boundary of a property affected by any change of zone application within the State Land Use (SLU) Agricultural district, provided the surrounding lots are also in the State Land Use Agricultural district. The Council finds that larger lot sizes in the Agricultural district may result in few surrounding property owners receiving notification of pending applications. Thus, the bill expands the notification requirements for a Change of Zone from the current 500 feet to 1,000 feet along the perimeter boundary of the building site affected by the application or the two contiguous lots in all directions, whichever distance is greater, if the site is located in the SLU Agricultural and County Agricultural zoned districts. For adjoining properties within the SLU Urban or Rural districts, the Council proposes that notice be provided to landowners and lessees of record within 300 feet of the building site. Applications other than a change of zone will require notice to be served to property owners and lessees within 500 feet of the perimeter boundary of the subject property. The Council further recommends that the applicant serve notice of the filing of the application to surrounding owners and lessees within 10 days after the Planning Director or Planning Commission officially acknowledges receipt of the application. Currently, applicants are required to provide notification within 10 days after the filing of the application, or prior to official acceptance of the application. The proposed new language will clarify that notices be provided after the application has been officially accepted by the Planning Director or Planning Commission. (Exhibit 1 - Bill No. 125 Draft 3) RECOMMENDATION For the reasons cited above, the Planning Director recommends that the Leeward and Windward Planning Commissions send favorable recommendations to the County Council on Bill No. 125 Draft 3. -2- COUNTY OF FIAWAI`I ORDINANCE NO. STATE OF I-IAWAPI BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII; BILL NO. 175 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. "(a) Whenever any application under this chapter requires notice to owners and lessees of record interests of the surrounding properties: (I) 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[ er]; (2) For applications other than those requesting a change of zoning district classification, [Sash] 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 site[ -]; or Planning Dept. Exhibit (DRAFT 3) 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: (b) , Hawai`i Date of Introduction: Date of l Reading: Date of 2 " Reading: Effective Date: REFERENCE Comae, (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 application or the two contiguous lots in all directions 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. 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 acknowle4ged 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. 475,6 INTRODUCED BY: zQ , COUNCIL MEMBER, COUNTY OF HAWAII 2 And 2 people from the public in attendance. WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT FEBRUARY 5, 2010 A regularly advertised hearing on COUNTY COUNCIL INITIATED BILL NO. 125, DRAFT 3 was called to order at 3:26 p.m. in the County of Hawaii, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai `i, with Chairman Rell Woodward presiding. COMMISSIONERS PRESENT: Rell Woodward, Dean Au, Takashi Domingo, Andrew Iwashita, Zendo Kern, and Wallace Ishibashi. STAFF PRESENT: Brandon Gonzalez (Deputy Corporation Counsel), BJ Leithead Todd (Planning Director), Norman Hayashi (Planning Program Manager), Daryn Arai (Planning Program Manager), Phyllis Fujimoto (Staff Planner), Jeff Darrow (Staff Planner) and Maija Cottle (Staff Planner). INITATOR: COUNTY COUNCIL (BILL NO. 125, DRAFT 3) Amendment to Chapter 25 (Zoning Code), Article 2, Division 1, Section 25 -2 -4, Hawaii County Code, 1983 (2005 Edition, as amended), relating to notification of surrounding property owners and lessees of record for change of zone applications. WOODWARD: Okay, the last item on the agenda is County Council initiated Bill No. 125, a Draft 3. Maija. COTTLE: Thank you, Mr. Chair This is an amendment to the Zoning Code that was initiated by the County Council. It relates to notification to surrounding property owners for applications; and, specifically, it relates to the Change of Zone Applications. The change would expand the notification requirements so that, from the current 500 feet to 1,000 feet. So now property owners within 1,000 feet would need to be notified if the property that's coming in for a change of zone is in the State Lane Use Agricultural District. And one other change that's also proposed as part of this is normally the applicant has to notify the surrounding property owners within 10 days after they file the application with the Department. And this change, the Council is proposing a change that would require notification ten days, within ten days after the Department has accepted the application and the applicant has been notified of that acceptance. And the purpose of that is to prevent confusion really. Because often times what will happen is the Planning Department will not accept an application because additional information is needed yet the applicant has already sent out notifications to surrounding property owners. So they're expecting that application to be taken up by the Planning Commission or County Council at the public hearings, and it can create some confusion 1 EXHIBIT E as far as timing of those hearings. And so the Planning Director is recommending approval of this change to the Zoning Code. WOODWARD: Do we have any questions? KERN: Mr. Chairman? WOODWARD: Commissioner Kern. KERN: It says here that it's changing from 500 to 1,000 feet or two contiguous lots in all directions. Was the two contiguous lots always the case or is that new as well? Was it just 500 feet before, period -? COTTLE: Period. KERN: And now it's 1,000 feet or two contiguous lots? COTTLE: That's correct. KERN: Thank you. LEITHEAD TODD: Just by way of explanation, it's trying to take into account that in the Ag District the contiguous lot could be huge. So the idea is like, you know, the lot next door might be 40 acres, so that would be the only guy you'd normally notice but there might be other people utilizing the road or the area. So the two contiguous lots is to try and expand the area of notice. WOODWARD: Okay, any further questions for staff? We have one member of the public, Mr. Rees wants to testify on this. All right, we've already sworn you in so you can just tell us what you think. REES: Yes, Commissioners. Ms. Leithead Todd pretty well explained the reason why I suggested at the County Council level why they not just have, not necessarily arbitrarily but a specific distance designation. Obviously I think this is a good increase, the more notice the better. And it's not onerous upon government or applicants, and it's pretty easy to notify the people within these areas. I felt it was important to address the issue, as she stated, in Ag parcels where people share roadways. There's often private roadways, public roadways, paper roadways which are now government roads and a change of zone could increase the traffic drastically. And often times there's informal agreements between the users of the roadway, and you might want to be notified about that , that you may need to be kicking out 5,000 more a year in maintenance, you know. So the reason why I suggested that was to accomplish this further notification. And there was a clause -. Actually before coming here today I didn't know whether the County Council ever amended that and included that language. Donald Ikeda, Commissioner, I mean Council Member from Kaumana District, he told me he had contact from people in Kau area and EXHIBIT E Kaumana area, mostly Ag parcel, large Ag parcel, Ag parcel owners who were in favor of that amendment. So it's certainly, I think, a good idea. But when I threw out the number two at the Council level I was just throwing out, that out as food for thought; and I was hoping that the Council would really mull over what is the right number of contiguous parcels and what would be the correct distance to have as a lower default. So the passage that is missing now as I hear this is that 1 added one additional thing that said "whichever provides greater notification to the surrounding property owners." So just wanted to explain that to you; and thank you very much. There were other Council Members who felt that was a good idea also to have two variables, the set distance and the contiguous property owners. WOODWARD: All right, Commissioner Kern. \KERN: It does say "whichever distance is greater." REES: Thank you for that clarification. WOODWARD: Okay, any other questions? No? Somebody would like to make a motion? DOMINGO: Move for its approval. WOODWARD: All right. Second? KERN: Second. WOODWARD: Okay. So we have a recommendation for a favorable recommendation on Agenda Item No. 10. Council, County Council Bill No. 125, Draft 3. Any further discussion? Okay, Maija. COTTLE: Commissioner Domingo? DOMINGO: Aye. COTTLE: Commissioner Kern? KERN: Aye. COTTLE: Commissioner Au? AU: Yes. COTTLE: Commissioner Tshibashi? ISHIBASHI: Aye. 3 EXHIBIT E COTTLE: Commissioner Iwashita? IWASHITA: Yes. COTTLE: And Mr. Chairman? WOODWARD: Aye. COTTLE: Okay, the motion passes, six -zero. The discussion ended at 3:34 p.m. 4 Respectfully submitted, fm Sharon M. Nomura, Secretary Windward Planning Commission EXHIBIT E And no one from the public in attendance. LEEWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT FEBRUARY 26, 2010 A regularly advertised hearing on the COUNTY COUNCIL INITIATED BILL NO. 125, DRAFT 3 was called to order at 12:20 p.m. in the Hapuna Beach Prince Hotel, 62 -100 Kaunaoa Drive, Kohala Coast, Hawai`i, with Chairman Frederic Housel presiding. COMMISSIONERS PRESENT: Frederic Housel, Brandi Beaudet, Lani Bowman, Geraldine Giffin, Wayne Iokepa, Richard Nelson and Rodney Watanabe STAFF PRESENT: Brandon Gonzalez (Deputy Corporation Counsel), Margaret Masunaga (Deputy Planning Director), Norman Hayashi (Planning Program Manager), Phyllis Fujimoto (Staff Planner), Jeff Darrow (Staff Planner), and Maija Cottle (Staff Planner). INITIATOR: COUNTY COUNCIL (BILL NO. 125, DRAFT 3) Amendment to Chapter 25 (Zoning Code), Article 2, Division 1, Section 25 -2 -4, Hawaii County Code, 1983 (2005 Edition, as amended), relating to notification of surrounding property owners and lessees of record for change of zone applications. HOUSEL: Item No. 2 on the agenda is the County Council Bill 125, Draft No. 3, amendment to Chapter 25, the Zoning Code, Article 2, Division 1, Section 25 -2 -4, relating to notification of surrounding property owners and lessees of record for change of zone applications. Maija, would you like to give us more information? COTTLE: Sure. Yes, I will. Thank you. So this is a County Council initiated amendment to the Zoning Code. And currently, for change of zone actions the applicant has to notify all surrounding property owners within 500 feet of the subject property, if the property is located in the State Land Use Agricultural District. This amendment is to expand that to 1,000 feet notification area, and the reasoning for that is that Agricultural parcels are usually larger in size; so the County Council wanted to provide additional notification to one or two lot owners over, if it's in the Ag land. So as it reads, it would be either 1,000 feet or two contiguous lots in all directions, whichever is the greater distance. And then the only other change would be, currently when the applicant submits their application to the Department, they have to notify the property owners within ten days of submitting that application to the Department. Often times what will happen is the application is missing some information, so we return it to the applicant for additional information. Sometimes that can take a few months, like if we are requesting a traffic study for example, so what happens is if the notification is already sent out to surrounding property owners, those property owners are thinking the item is going to come up to the Planning Commission or County Council for decision soon; but if it's still laid, they are not necessarily aware of that. So this change would 1 require that applicants provide notification within ten days of the Department actually accepting their application. HOUSEL: Do they need proof of service? COTTLE: They do. HOUSEL: They do. Okay. COTTLE: That still remains the same, yes. And so the Director is supporting this amendment. HOUSEL: Are we making a recommendation to the Council with this? COTTLE: You are — either unfavorable or favorable. HOUSEL: Okay. Now, we have no one signed up to testify on this, so we can go straight, if anybody has any questions -. BEAUDET: I have a question. HOUSEL: Okay. BEAUDET: I just need to make sure that I'm reading this correctly. Current Code requires notification to be sent out to neighboring properties within 500 feet of the property affected; so if your parcel is 100 acres, its notification requirement is for property owners within 500 feet of your property boundary. The change is for notification of property owners within 1,000 feet of the building site, so if -. Is that what I'm reading here? COTTLE: Actually, the Zoning Code uses the term "building site," but it's defined as the perimeter of the affected property. So -. BEAUDET: Okay, so we are expanding notification requirements. We are not -. Yeah? We are expanding that. COTTLE: Yes, you are expanding it from 5,000 to -. WATANABE: No, 500. BEAUDET: From 500 to -. COTTLE: I'm sorry, 500 to 1,000 feet, or two contiguous parcels, yes. So using your example, Brandi, if it's a 100 -acre parcel, it would be well into, 500 feet or even 1,000 feet really would only get you into that one next parcel over; so this is saying you have to go two parcels. Does that make sense? The next two contiguous -. 2 BEAUDET: Yeah, I understand. COTTLE: Okay. HOUSEL: Is that in all directions? COTTLE: District. In all directions when the adjacent parcels are in the State Land Use Ag HOUSEL: Okay. Any other questions? Would someone like to make a motion? Commissioner Watanabe. WATANABE: I'd like to move that the Commission send a favorable recommendation to the County Council for the amendments as proposed to Section 25 -2 -4 of the Hawai`i County Code. NELSON: Second. HOUSEL: The motion was made by Commissioner Watanabe and seconded by Commissioner Nelson. Would you like to do the vote? COTTLE: Thank you, Mr. Chairman. Commissioner Watanabe? WATANABE: Aye. HOUSEL: Oh, is there any discussion? Sorry. COMMISSIONERS: No. Sony, Maija. HOUSEL: COTTLE: Commissioner Watanabe? WATANABE: Aye. COTTLE: Commissioner Nelson? NELSON: Aye. COTTLE: Commissioner Beaudet? BEAUDET: Nay. COTTLE: Commissioner Bowman? BOWMAN: Aye. 3 COTTLE: Commissioner Giffin? GIFFIN: Aye. COTTLE: Commissioner Iokepa? IOKEPA: Aye. COTTLE: And Mr. Chairman? HOUSEL: Aye. COTTLE: Okay, the motion passes, six to one. HOUSEL: Thank you, Maija. The discussion ended at 12:26 p.m. Respectfully submitted, /s /Noriko Sauer Noriko Sauer, Secretary Leeward Planning Commission