The URL can be used to link to this page

Home My WebLink AboutCOM 0964.000 2008-2010 William P. Kenoi � 0� ''•'.!�,' BJ Leithead Todd Mayor 1,14 Director `_.i. " Margaret K. Masunaga o.`� Deputy 1 4 OF N►• County of Hawa PLANNING DEPARTMENT Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawai`i 96720 r" Phone (808) 961 -8288 • Fax (808) 961 -8742 c:) September 27, 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: /Initiator: Planning Director Amendment to Chapter 25, Hawai`i County Code 1983 (2005 Edition, As Amended) Relating to Filing Fee for a Use Permit Application Initiator: Planning Director Amendment to Chapter 25, Hawai`i County Code 1983 (2005 Edition, As Amended) Relating to Processing Time for a Use Permit Application 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 Windward and Leeward Planning Commissions' letters and enclosures regarding the above - referenced requests. Sincerely, • William P. Kenoi Mayor Enclosures cc: Planning Department <WI 11 306) Ref.. o. Ilawai'i County is an Equal Opportunity Provider and Employer Tor Ref. Date Ov C 7201 JNtr'oF M ?h '..' 11 • County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawai`i 96720 Phone (808) 961 -8288 • Fax (808) 961 -8742 . SAP it 7 t re y C 7 The Honorable J Yoshimoto, Chairman ~ ' • and Members of the County Council '} County of Hawai`i • 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yoshimoto and Council Members: Initiator: Planning Director Amendment to Chapter 25, Hawai`i County Code 1983 (2005 Edition, As Amended) Relating to Filing Fee for a Use Permit Application The Windward Planning Commission at its duly held public hearing on August 12, 2010, considered the Planning Director's request for an amendment to Chapter 25, Hawai`i County Code 1983 (2005 Edition as amended) relating to filing fee for a use permit application. The Commission voted to forward a favorable recommendation to the County Council on the request. The draft bill is attached for your favorable consideration. We have also enclosed a copy of the Planning Director's Background and Recommendation Report, as well as a transcript of the hearing for your information. Sincerely, 1_" Rell Woodward, Chairman Windward Planning Commission Lpdinitiated- ffeeforusepermit0l wwpc Enclosures cc: Planning Department — Kona Amy Self, Esq. Hawai 'i County is an Equal Opportunity Provider and Employer •c ° 1. fir, : •% +f N. M O : 0- ;I ATE OF /J� County of Hawai`i LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street. Suite 3 • Hilo, Hawaii 96720 Phone (808) 961 -8288 • Fax (808) 961 -8742 c) The Honorable J Yoshimoto, Chairman r` and Members of the County Council County of Hawai`i �__ 25 Aupuni Street Hilo, HI 96720 "o Dear Chairman Yoshimoto and Council Members: '" Initiator: Planning Director Amendment to Chapter 25, Hawaii County Code 1983 (2005 Edition, As Amended) Relating to Filing Fee for a Use Permit Application The Leeward Planning Commission at its duly held public hearing on August 27, 2010, considered the Planning Director's request for an amendment to Chapter 25, Hawai`i County Code 1983 (2005 Edition as amended) relating to filing fee for a use permit application. The Commission voted to forward a favorable recommendation to the County Council on the request. The draft bill is attached for your favorable consideration. We have also enclosed a copy of the Planning Director's Background and Recommendation Report, as well as a transcript of the hearing for your information. Sincerely, • ...._ ?4-e-el-a-r Frederic Housel, Chairman Leeward Planning Commission Lpdinitiated-ffeeforusepermit0 1 lwpc Enclosures cc: Planning Department - Kona Amy Self, Esq. Hawai`i County is an Equal Opportunity Provider and Employer BRUSEFiIingFee.doc -7/29/ 10 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND AND RECOMMENDATION INITIATOR: PLANNING DIRECTOR AMENDMENT TO CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION) RELATING TO FILING FEE FOR A USE PERMIT APPLICATION The Planning Director is initiating an amendment to Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 edition) relating to the filing fee for a Use Permit application. The proposed amendment seeks to amend the Zoning Code to increase the filing fee from $250 to $500. BACKGROUND On March 5, 2010, the County of Hawai`i Windward and Leeward Planning Commissions adopted their Rules of Practice and Procedure. As part of these comprehensive amendments, Rule No. 7 relating to Use Permits was amended, in part, to increase the filing fee from $250.00 to $500.00. However, the portion of the Zoning Code (Chapter 25, Hawaii County Code) relative to Use Permits still refers to a filing fee of $250. Therefore, the proposed amendment to the Zoning Code is necessary to ensure that the amount of the filing fee ($500) for a Use Permit is consistent with the Planning Commission Rules of Practice and Procedure. Chapter 25 (Zoning) of the Hawaii County Code 1983 (2005 edition) is proposed to be amended as attached Planning Department Exhibit 1. (Material to be deleted is bracketed and struck through; material to be added is underscored) RECOMMENDATION For the reasons cited above, the Planning Director recommends that the Planning Commission send a favorable recommendation to the Hawaii County Council for the amendment to Chapter 25 (Zoning) of the Hawaii County Code 1983 (2005 edition) relating to the filing fee for a Use Permit application. The accompanying draft bill is provided for your favorable consideration. r °;, : -1- 7 E' i . 4 • � . , ,� lid •' ,; COUNTY OF HAWAII "`'��' °�� ' ' STATE OF HAWAII �Ti OF MF'� " BILL NO. ORDINANCE NO. (PLANNING DEPT.) AN ORDINANCE AMENDING CHAPTER 25, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED) RELATING TO FILING FEE FOR A USE PERMIT APPLICATION. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. To increase the filing fee of a Use Permit application to make it consistent with the filing fees for other Planning Commission applications which became effective in April of 2010. SECTION 2. Chapter 25, article 2, division 6, section 25 -2 -62 is amended to read as follows: "Section 25 -2 -62. Application for use permit; requirements. (a) An application for a use permit shall be made to the commission, in accordance with its rules, on a form prescribed by the commission. (b) The application shall be accompanied by: (1) A filing fee of [$50] $500.00; (2) A description of the property in sufficient detail to determine the precise location of the property involved; (3) A plot plan of the property, drawn to scale, with all existing and proposed structures shown thereon; (4) A list of names, addresses and tax map key numbers for those owners and lessees of record of surrounding properties who are required to receive notice under section 25 -2 -4; and Planning Dept., Exhibit (5) A written description of the proposed use and a statement of objectives and reasons for the request, including an analysis of how the request satisfies each of the standards contained in section 25- 2 -65." 1 SECTION 3. Severability. 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 application 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 4. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included. SECTION 5. This ordinance shall take effect upon approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAI`I Hilo, Hawai`i Date of Introduction: Date of 1 Reading: Date of 2n Reading; Effective Date: -2- 1 ) WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT AUGUST 12, 2010 A regularly advertised hearing on the PLANNING DIRECTOR INITIATED AMENDMENT TO CHAPTER 25, FILING FEE FOR USE PERMIT was called to order at 10:25 a.m. in the County of Hawai`i Councilroom, County Building, 25 Aupuni Street, Hilo, Hawai`i, with Chairman Rell Woodward presiding. COMMISSIONERS PRESENT: Rell Woodward, Dean Au, Takashi Domingo, Andrew Iwashita, and Zendo Kern. STAFF PRESENT: Brandon Gonzalez (Deputy Corporation Counsel), BJ Leithead Todd (Planning Director), Daryn Arai (Planning Program Manager), Phyllis Fujimoto (Staff Planner), Jeff Darrow (Staff Planner) and Maija Cottle (Staff Planner). ABSENT AND EXCUSED: Wallace Ishibashi And 10 people from the public in attendance. INITIATOR: PLANNING DIRECTOR Amendment to Chapter 25 (Zoning Code), Hawai`i County Code 1983 (2005 Edition, as amended) relating to Filing Fee for a Use Permit Application. WOODWARD: Next item on the agenda, Item No. 5, Planning Director initiated amendment to Chapter 25, the Hawai`i County Code, relating to filing fee for Use Permit Application. ARAI: Thank you, Mr. Chairman and Commissioners. The purpose of the proposed amendment, the Commissioners may recall that they recently amended the Planning Commission Rules of Practice and Procedure to amend the filing fee and increased it from $250 to $500. Upon adoption of that rule we realized that the County Code was not amended to increase the filing fee, a similar amount to $500. So this is simply an effort to make the Hawai`i Zoning Code consistent with the recently adopted rules of practice and procedure. So I stand ready to answer any questions that you may have. WOODWARD: So this is just housekeeping? ARAI: Yes. WOODWARD: Okay, any questions? Riveting. I see we have nobody signed up from the public to testify. Do we Sharon? No? 1 NOMURA: No, no one. WOODWARD: Okay. I guess we could entertain a motion then. KERN: Mr. Chairman? WOODWARD: Yes, Commissioner Kern. KERN: Regarding amendments to Chapter 25, Zoning Code, of the Hawai`i County Code 1983 (2005 Edition) relating to the filing fee for Use Permit application, changing the filing fee from $250 to $500,which is consistent with the Commission's policies and procedures, I move that it be approved -. WOODWARD: Favorable rec. KERN: Favorable recommendation, excuse me. WOODWARD: Okay. Do we have a second? AU: Second. WOODWARD: All right. Any discussion? Okay, Daryn, let's take a vote. ARAI: Thank you, Mr. Chairman. Commissioner Kern? KERN: Aye. ARAI: Commissioner Au? AU: Aye. ARAI: Commissioner Domingo? DOMINGO: Aye. ARAI: Commissioner Ono? ONO: Aye. ARAI: Chairman Woodward? WOODWARD: Aye. ARAI: Mr. Chairman, we have five favorable votes. WOODWARD: Okay, very good. 2 The discussion ended at 10:27 a.m. Respectfully submitted, Sharon M. Nomura, Secretary Windward Planning Commission 3 LEEWARD PLANNING COMMISSION COUNTY OF HAWAI`I HEARING TRANSCRIPT AUGUST 27, 2010 A regularly advertised hearing on the PLANNING DIRECTOR INITIATED AMENDMENT TO CHAPTER 25, FILING FEE FOR USE PERMIT was called to order at 10:34 a.m. in the King Kamehameha's Kona Beach Hotel, Ballroom I, 75 -5660 Palani Road, Kailua -Kona, Hawai`i, with Chairman Frederic Housel presiding. COMMISSIONERS PRESENT: Frederic Housel, Brandi Beaudet, Lani Bowman, Geraldine Giffin, Thomas Hickcox, Wayne Iokepa and Richard Nelson STAFF PRESENT: Brandon Gonzalez (Deputy Corporation Counsel), BJ Leithead Todd (Planning Director), Margaret Masunaga (Deputy Planning Director), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner) and Maija Cottle (Staff Planner) And approximately 60 people from the public in attendance. INITIATOR: PLANNING DIRECTOR Amendment to Chapter 25 (Zoning Code), Hawaii County Code 1983 (2005 Edition, as amended) relating to Filing Fee for a Use Permit Application. HOUSEL: We have Item No. 3. This is, the initiator is the Planning Director. This is an amendment to Chapter 25, Zoning Code, Hawai`i County Code 1983 (2005 Edition, as amended) relating to the filing fee for use permit application. Daryn, would you like to provide the information? ARAI: Thank you, Mr. Chairman. Good morning, Commissioners. The Commission may recall that on March 5, 2010, the Leeward and Windward Planning Commissions supported to adopt the Rules of Practice and Procedure, portion of which amended Rule No. 7 regarding use permits to allow an increase in the filing fee from $250 to $500. The bill before you is a proposal to amend the Zoning Code in order to allow for an increase in the filing fee from $250 to $500 consistent with the Rules of Practice and Procedure that was previously adopted by the Planning Commission. So we have before you the draft bill with our favorable response. HOUSEL: I'm sorry. Did you read the entire clause or do you intend to? ARAI: You mean as far as the proposed amendment? Well, the draft bill is before you as part of your background report, and it indicates where the Section 25 -2 -62 of the Zoning Code, Subsection (b) (1), "A filing fee of $250" — the number "$250" will be struck out and replaced with $500. HOUSEL: Any questions, Commissioners, to the staff? Would someone like to make a motion? 1 BOWMAN: I move that we accept the, approve the Planning Director's amendment to Chapter 25, Hawai`i County Code 1983, as relating to filing fee for use permit application. NELSON: Second the motion. HOUSEL: Seconded by Commissioner Nelson. Any discussion? Okay. Daryn? GONZALEZ: Commissioner Bowman, your motion was to approve; however, I just want to clarify, actually it's going to the Council. So do you want to make it to give a favorable recommendation? BOWMAN: Thank you. Yes, a favorable recommendation to the Council. Thank you. GONZALEZ: And is the second okay with that? NELSON: Okay. GONZALEZ: Thank you. HOUSEL: Daryn, if you'd like to proceed. ARAI: Thank you, Mr. Chairman. Roll call. Commissioner Bowman? BOWMAN: Aye. ARAI: Commissioner Nelson? NELSON: Aye. ARAI: Commissioner Beaudet? BEAUDET: Aye. ARAI: Commissioner Giffin? GIFFIN: Aye. ARAI: Commissioner Hickcox? HICKCOX: Aye. ARAI: Commissioner Iokepa? IOKEPA: Aye. 2 ARAI: And Mr. Chairman? HOUSEL: Aye. ARAI: Mr. Chairman, you have seven aye votes. HOUSEL: Okay. And we had no one signing up to testify on that one. The discussion ended at 10:37 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 3