The URL can be used to link to this page

Home My WebLink AboutORD 2010-052 2008-2010 COUNTY OF HAWAII : �� " ' '' ` STATE OF HAWAII 1� M N .. . BILL NO. 175 ORDINANCE NO. 10 52 ( DRAFT 3 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 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 distnct 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 (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[ ee], (2) For applications other than those requesting a change of zoning district classification, [Such] such notice shall be served on the owners and lessees of record of all Tots 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 distnct, except that if the surrounding Tots 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 Tots of which any portion is within three hundred feet of the building site[:], or 1 (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 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 (b) The applicant shall first serve notice of the filing of the application on the surrounding owners and lessees within ten days after the [appheatien -has • - -- . : -,] 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 pnor 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. INTRODUCED BY. ,, // ,� taE! COUNCIL MEMBER, COUNTY OF HAWAII Hilo , Hawaii Date of Introduction May 5, 2010 Date of 1 Reading: May 5, 2010 Date of 2 Reading. may 19, 2010 Effective Date June 7, 2010 REFERENCE, Cones. 475.6 2 OFFICE OF THE COUNTY CLERK County of Hawai`i REC. ', ' L - [_) Hilo, Hawai t � I i l �� ,t p( Introduced By Donald Ikeda LOIkOLYLCAHL VO4E B 5 5 Date Introduced May 5, 2010 AYEecl.;NOES- I ;rABS EX First Reading May 5 , 2010 Ennques q0( i d 1 I i •,\ \, \I' Published May 14, 2010 Ford X , Greenwell X REMARKS Hoffmann X Ikeda X Naeole- Beason X Onishi X I Yagong X Yoshimoto X Second Reading May 19, 2010 6 0 3 0 To Mayor May 28 , 2010 Returned June 8, 2010 Effective June 7, 2010 ROLL CALL VOTE AYES NOES ABS EX Published June 16, 2010 Enriques X Ford X REMARKS Greenwell X Hoffmann X Ikeda X Naeole- Beason X Onishi X Yagong X Yoshimoto X 9 0 0 0 1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above APPROVED AS TO a �_; ��` FO AND LEGALITY: ' i COUN D 'U ' CORPORATION CO 4 SEL COUN OF HAWAI'I Date I JUN - 1 1 20 COUNTY CLERK Bill No 125 (Draft 3) C- 475.6/PC -79 Approved/D approved this 7 - day Reference y Ord No 10 52 of , � Q- 20 I b �.� p mac.__- • MAYOR, COUNTY OF HAWAII Ordinances Numbered 10 -52, 10 -53, 10 -54, 10 -55, 10 -56, 10 -57, & 10 -58 1 hereby certify that the following Ordinances passed second and final reading at the meeting of the County Council on May 19, 2010, by vote, as listed below. Ordinance 10 -52 (Bill 125, Draft 3): An Ordinance Amending Chapter 25, Article 2, Division 1, Section 25 -2 -4, of the Hawat'i County Code 1983 (2005 Edition, as Amended), Related to Notification of Surrounding Property Owners and Lessees of Record for Change of Zone Applications AYES Council Members Ennques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9, NOES None, ABSENT None, EXCUSED None Ordinance 10 -53 (Bill 244). An Ordinance to Amend Ordinance No 09 -64, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2010 AYES Council Members Ennques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshtmoto — 9, NOES None, ABSENT None, EXCUSED. None Ordinance 10 -54 (Bill 245): An Ordinance Amending Ordinance No 04 -59 of the County of Hawaii, as Heretofore Amended, Pertaining to the Issuance of General Obligation Bonds for the Purpose of Financing Various Public Improvements of the County AYES Council Members Ennques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9; NOES. None, ABSENT None, EXCUSED None Ordinance 10 -55 (Bill 246): An Ordinance Amending Ordinance No 07 -120 of the County of Hawaii, Pertaining to the Issuance of General Obligation Bonds for the Purpose of Funding Costs of the Watkoloa Workforce Housing Project AYES Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9, NOES None, ABSENT None, EXCUSED None Ordinance 10 -56 (Bill 247): An Ordinance Amending Ordinance No 08 -106 of the County of Hawaii, as Heretofore Amended, Pertaining to the Issuance of General Obligation Bonds for the Purpose of Funding All or a Portion of the Costs of Various Capital Improvement Projects for the County AYES Council Members Ennques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9, NOES None, ABSENT None, EXCUSED None Ordinance 10 -57 (Bill 248): An Ordinance Amending Ordinance No 08 -148 of the County of Hawaii, Pertaining to the Issuance of General Obligation Bonds for the Purpose of Funding All or a Portion of the Costs of the Kaloko Housing Program Project for the County AYES Council Members Ennques, Ford, Greenwell, Hoffmann, Ikeda, Naeole - Beason, Onishi, Yagong, and Chair Yoshimoto -9, NOES None, ABSENT None, EXCUSED None Ordinance 10 -58 (Bill 249): An Ordinance Amending Ordinance No 09 -153 of the County of Hawaii, Pertaining to the Issuance of General Obligation Bonds for the Purpose of Funding All or a Portion of the Costs of Various Capital Improvement Projects for the Department of Water Supply of the County AYES Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9, NOES None, ABSENT None, EXCUSED None Kenneth G Goodenow County Clerk (Hawaii Tribune - Herald - June 16, 2010) (West Hawaii Today — June 16, 2010) Note: The original Digest /Affidavit is attached to Ordinance 10 -52