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Home My WebLink AboutCOM 0671.000 2010-2012 1J�nti• William T.Takaba William P.Kenoi x�ft.* Managing Director Mayor •M Wally Lau 74 6;•N p! Deputy Managing Director County of Hawaii 25 Aupuni Street • Hilo,Hawaii 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Highway • Kailua-Kona,Hawaii 96740 (808)323-4444 • Fax(808)326-5663 April 11, 2012 C) by a�C,' Honorable Dominic Yagong, Chairman -Q and Members of the County Council County of Hawai`i 25 Aupuni Street .. - Hilo, HI 96720 . rr Dear Chairman Yagong and Members: -- Initiator: Planning Director Amendment to Map 15 of the Land Use Pattern Allocation Guide (LUPAG)Map Of the County of Hawai`i General Plan ✓Initiator: Planning Director Amendment to Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition, As Amended) Relating to Notification Requirements for Zoning Amendment, Project District and Agricultural Project District Applications Initiator: Planning Director Amendment to Chapter 25 (Zoning Code)of the Hawaii County Code 1983 (2005 Edition, As Amended)Relating to Crematoriums, Funeral Homes, Funeral Services, and Mortuaries As required by Chapter 7, Sec. 6-7.5 (a), 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. Sincerel • cJ - William P. Kenoi Mayor Enclosures cc: Planning Department !_ Comm. No. lo__I___-__ Hawai'i County is an Equal Opportunity Provider and Employer Ref. To• d i 11 3I Ref. Date ?R 3 2012 �. ... '•' y Os � ' `• • • ','rf.OF•N,�. County of Hawai`i WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 LAPP 1 1 2012 c P) .:z; --D The Honorable Dominic Yagong, Chairman T'`D and Members of the County Council "' I. ° County of Hawai`i w —C 25 Aupuni Street ,,. C) Hilo, HI 96720 Dear Chairman Yagong and Council Members: m � Initiator: Planning Director Amendment to Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition, As Amended) Relating to Notification Requirements for Zoning Amendment,Project District And Agricultural Project District Applications The Windward Planning Commission, at its duly held public hearing on March 1, 2012, considered the Planning Director's request for an amendment to Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition, as amended)relating to notification requirements for zoning amendment,project district and agricultural project district applications. The proposed amendment will specifically amend Sections 25-2-42(b), 25-6-44(b)and 25-6-54(b), and is a housekeeping matter that seeks to provide consistency among different sections of the Zoning Code. 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, as well as a transcript of the hearing for your information. Sincerely, - Zendo Kern, Chairman Windward Planning Commission Lpdinitiated-amendchap25notiticationrgmtsWPC Enclosures cc: Amy Self, Esq. Planning Department-Kona Hawai`i County is an Equal Opportunity Provider and Employer ( '8;11 23i) .OJ�tV Os p , �\l4. t os N''P _ County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 APR 1 1 2012 The Honorable Dominic Yagong, Chairman and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yagong and Council Members: Initiator: Planning Director Amendment to Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition, As Amended)Relating to Notification Requirements for Zoning Amendment, Project District And Agricultural Project District Applications The Leeward Planning Commission, at its duly held public hearing on March 15, 2012, considered the Planning Director's request for an amendment to Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition, as amended)relating to notification requirements for zoning amendment,project district and agricultural project district applications. The proposed amendment will specifically amend Sections 25-2-42(b), 25-6-44(b)and 25-6-54(b), and is a housekeeping matter that seeks to provide consistency among different sections of the Zoning Code. 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, as well as a transcript of the hearing for your information. Sincerely, Geraldine Giffin, Chairma Leeward Planning Commission Lpdinitiated-amendchap25notificationrgmtsLPC Enclosures cc: Amy Self, Esq. Planning Department-Kona Hawai`i County is an Equal Opportunity Provider and Employer r • ' BRPDInit-ZCode-NodceFix.doc-1/23/12 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 NOTIFICATION REOUIREMENTS FOR ZONING AMENDMENT, PROJECT DISTRICT AND AGRICULTURAL PROJECT DISTRICT APPLICATIONS The Planning Director is initiating an amendment to Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 edition)relating to notification requirements for zoning amendment,project district and agricultural project district applications. The proposed amendment is a housekeeping matter that seeks to provide consistency among different sections of the Zoning Code. BACKGROUND On June 7, 2010,the Hawaii County Council adopted Ordinance No. 10 52 which amended Article 2, Division 1, Section 25-2-4, subsection(b)of Chapter 25 (Zoning Code), as follows: (b) The applicant shall first serve notice of the filing of the application on the surrounding owners and lessees within ten days after the [ en - •• - • - • • . • . -] 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. The amendment changed the timing of when an applicant is required to notify surrounding property owners and lessees of the filing of various applications granted by means of the Zoning Code. However, related portions of the Zoning Code(Sections 25-2-42(b), 25-6- 44(b) and 25-6-54(b)) were not amended at that time to reflect the change. These sections of the code are not consistent with Section 25-2-4(b) and therefore cause undue confusion to applicants and Planning Department staff. Thus, the Planning Director proposes amending the incorrect sections to be consistent with the notification requirements in Section 25-2-4(b). -1- Comm. 671 Bill 231 l Chapter 25 (Zoning Code)of the Hawai`i 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 County Council for the amendment to Chapter 25 (Zoning) of the Hawai`i County Code 1983 (2005 edition)relating to notification requirements for zoning amendment,project district, and agricultural project district applications. The accompanying draft bill is provided for your favorable consideration. -2- •• ""�'( t .�JM`W osp_ COUNTY OF HAWAII .� '•":.A.:. STATE OF HAWAII rt OF NU'o'--•' BILL NO. Planning Department ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, DIVISION 4 AND ARTICLE 6, DIVISIONS 4 AND 5 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION,AS AMENDED),RELATING TO NOTIFICATION REQUIREMENTS FOR ZONING AMENDMENT, PROJECT DISTRICT AND AGRICULTURAL PROJECT DISTRICT APPLICATIONS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 25, article 2, division 4, section 25-2-42 of the Hawai`i County Code 1983 (2005 Edition, as amended), is amended by amending subsection (b)to read as follows: "(b) [ ' -- •• _ •-. - . . .. _ . -, --] The applicant shall serve• notice of the application for zoning amendment on surrounding owners and lessees of record[;] as provided by section 25-2-4. The applicant shall also post a sign for public notification on the property as provided by section 25-2-12." SECTION 2. Chapter 25, article 2, division 4, section 25-6-44 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended by amending subsection(b)to read as follows: •"(b) [ ' • -•- -- :. • =- _ •-- - - • - - - - :- , --]The applicant shall serve notice of the application for project district on surrounding owners and lessees of record as provided by section 25-2-4.The applicant shall also post a sign for public notification on the property as provided by section 25-2-12." SECTION 3. Chapter 25, article 2, division 4, section 25-6-54 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended by amending subsection (b)to read as follows: "(b) [ ' -:- -- :: .- . - - •-: :- ::: • : •:- : :.- :_--. . : : :•_- :• -'- , --] The applicant shall serve notice of the application for agricultural project district on surrounding owners and lessees of record as provided by section 25-2-4. The applicant shall also post a sign for public notification on the property as provided by section 25-2-12." Manning Dept exhibit A.�. _ SECTION 4. Material to be repealed is bracketed and stricken. Material to be added is underscored. In printing this ordinance, the brackets, bracketed and stricken material, and underscoring need not be included. SECTION 5. 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 6. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAI`I , Hawai`i Date of Introduction: Date of 1St Reading: Date of 2nd Reading: Effective Date: 2 PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT MARCH 1,2012 A regularly advertised hearing on the PLANNING DIRECTOR INITIATED AMENDMENT CHAPTER 25 (ZONING CODE)OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED)RELATING TO NOTIFICATION REQUIREMENTS FOR ZONING AMENDMENT,PROJECT DISTRICT AND AGRICULTURAL PROJECT DISTRICT, was called to order at 9:51 a.m. in the County of Hawai`i, Aupuni Center Conference Room, 101 Pauahi Street,Hilo,Hawai`i,with Chairman Zendo Kern presiding. COMMISSIONERS PRESENT: Zendo Kern,Dean Au,Takashi Domingo,Wallace Ishibashi, Stephen Ono and Raylene Moses STAFF PRESENT: Ivan Torigoe (Deputy Corporation Counsel), B. J. Leithead Todd (Planning Director), Daryn Arai (Planning Program Manager), Phyllis Fujimoto (Staff Planner), Maija Cottle (Staff Planner), Jeff Darrow (Staff Planner), and Sharon Nomura (Secretary) And eight people from the public in attendance. APPLICANT: PLANNING DIRECTOR INITIATED Amendment to Chapter 25 (Zoning Code)of the Hawai`i County Code 1983 (2005 Edition,as amended) relating to notification requirements for zoning amendment,project district and agricultural project district applications. The proposed amendment will specifically amend Sections 25-2-42(b), 25-6-44(b)and 25-6-54(b), and is a housekeeping matter that seeks to provide consistency among different sections of the Zoning Code. KERN: Application No. 4,Planning Director initiated Amendment to Chapter 25 (Zoning Code)of the Hawai`i County Code 1983 (2005 Edition, as amended)relating to notification requirements for zoning amendment,project district and agricultural project district applications. Maija,please make the presentation. COTTLE: Thank you,Mr. Chair. I don't actually have a presentation up on the screen but-. This is an amendment to the Zoning Code that the Director is, again, initiating. And the reason this is being initiated is because through the course of our work with the Zoning Code sometimes we see conflicts between different sections of the Code. In this particular case,the County Council adopted an ordinance back in 2010 that changed the language for notification to surrounding property owners. It used to be that when an applicant submitted their application to the Department they had ten days from that date to notify their surrounding neighbors of their application. The County Council changed that to where once the applicant submits their application,the Planning Department acknowledges receipt and then it's accepted,then they have 10 days to notify their neighbors. It's a little bit more efficient that way and less confusion for the neighbors as well. So that change was made way back in 2010,but there were three sections of the Zoning Code that were left how they were originally written. So it created a little bit of confusion and conflict. So this change,this amendment is just to bring those other three sections of the Code into consistency with the change that was made by the Council back in 2010. So it's just a housekeeping measure. Are there any questions? KERN: Thank you, Maija. Are there any questions for staff? I have just a quick point of clarification. We might be confused on this. I see that,you know, it has been stricken out in these areas and then the new"B." This"B"is going to just replace these"B's"in its entirety? 1 Comm. 671 Bill 231 COTTLE: The"B"on the first page was to show you the change that the Council made back in 2010. And then if you look at the proposed bill that we have, on the second page, you'll see that it still has the old language. KERN: And so that is going to stay. What's stricken out is going to be removed and what is underlined is going to be put in,is that right? COTTLE: Correct. KERN: So with that there is nothing in there that says anything about 10 days. It's basically just totally taken out? COTTLE: Right. So if you look at the bill,this section of the Zoning Code refers back to Section 25-2-4. So we took out any reference in this part of the Code to the number of days. But it refers back to 25-2-4,which refers to the 10 days. KERN: Which takes care of that, 10 days-. COTTLE: Yeah. KERN: Perfect. LEITHEAD TODD: And-. KERN: Madam Director,yes. LEITHEAD TODD: It eliminates the potential that the same type of mistake occurs in the future. Like any time you have multiple references to timelines in a Code when you go and amend one section you need to go and amend all the others. By removing the reference to ten days in these sections and referring back to just that one section that talks about notification,then all you have to do is if you want to change it to 15 days you just change that one section; and everything else comes into line because it just refers back. And so these are the kinds of problems that we're encountering when a bill gets initiated and one section-. Unless you carefully at that time go running through every section of the Code, you sometimes don't discover until afterwards that there's some inconsistencies. And this will take of the potential for future inconsistencies by just removing the language. KERN: Great. Thank you,Madam Director. And thank you,Maija,I appreciate that clarification. There is nobody signed up from the public to testify on this. With that,anyone willing to entertain a motion. Anyone? Commissioner Au. AU: So moved. DOMINGO: Second. KERN: So moved to-? AU: I move to send a favorable recommendation to the County Council to amend Chapter 25 of Hawai`i County Code 1983 relating to the notification requirements for zoning amendment,project district and agricultural project district applications. KERN: Per the Director's-. 2 AU: Per the Director's-. KERN: Recommendation. AU: Recommendations. KERN: Thanks,Commissioner Au. Is there a second for that? DOMINGO: Second. KERN: Thank you. Any discussion? Seeing none,Maija. COTTLE: Thank you,Mr. Chair. Commissioner Au? AU: Aye. COTTLE: Commissioner Domingo? DOMINGO: Aye. COTTLE: Commissioner Ishibashi? ISHIBASHI: Aye. COTTLE: Commissioner Moses? MOSES: Aye. COTTLE: Commissioner Ono? ONO: Aye. COTTLE: And Mr. Chair? KERN: Aye. COTTLE: Okay,motion passes six-zero. The discussion ended at 9:56 a.m. Respectfully submitted, ��-- Sharon M. Nomura Planning Commission Secretary 3 LEEWARD PLANNING COMMISSION COUNTY OF HAWAI`I HEARING TRANSCRIPT MARCH 15, 2012 A regularly advertised hearing on the PLANNING DIRECTOR INITIATED AMENDMENT TO CHAPTER 25,RELATING TO NOTIFICATION REQUIREMENTS was called to order at 9:54 a.m. in the West Hawai`i Civic Center, Community Center, Building G, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawai`i, with Chair Geraldine Giffin presiding. COMMISSIONERS PRESENT: Geraldine Giffin, Lani Bowman, Richard Nelson and Thomas Whittemore ABSENT AND EXCUSED: Brandi Beaudet, Thomas Hickcox and Wayne Iokepa ALSO PRESENT: Jeff Darrow (Staff Planner), Maija Cottle (Staff Planner) and Noriko Sauer (Commission Secretary) And no one from the public in attendance. PLANNING DIRECTOR INITIATED Amendment to Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition, as amended) relating to notification requirements for zoning amendment,project district and agricultural project district applications. The proposed amendment will specifically amend Sections 25-2-42(b), 25-6-44(b) and 25-6-54(b), and is a housekeeping matter that seeks to provide consistency among different sections of the Zoning Code. GIFFIN: Moving right along, we are now on application No. 3. Application No. 3 is also initiated by the Planning Director. It is an amendment to Chapter 25,the Zoning Code, of the Hawaii County Code,relating to notification requirements for zoning amendment, project district and ag project district applications. It has been brought to my attention that no one has signed up to testify for either Agenda 2 or Agenda Item 3. Staff? COTTLE: Thank you, Madam Chair. This next item is just a housekeeping matter. Back in 2010, the County Council initiated a change to our Zoning Code for the notification requirements for when applicants apply for a change of zone or a project district or an agricultural project district. It just changed the timing of when the applicant needs to send out the first notice to surrounding property owners. When they made the change, they also did not update other areas of the Code. So there are some conflicts between two or three areas within the Zoning Code. So this change is just to make text changes in order to keep the Zoning Code consistent from one area to the next. Are there any questions? GIFFIN: No, but I thought it was more that that when I was reading the background report, more in terms of when the applicant needs to notify the public. 1 Com. 671 Bill 231 COTTLE: Yes, so the change that the Council made in 2010 is shown on Page 1 of your background report, and it shows that initially an applicant had to notify surrounding owners within ten days of filing the application, and the Council changed it to where they would have to notify within ten days of receiving a letter from the Planning Department saying we've accepted your application. And the reason they made the change was that often times an applicant would file their application with us, and they would send out a notice to their neighbors of the application, and then we would have changes that needed to be made to the application, we wouldn't accept it, there was missing information. So we'd have neighbors calling us, saying, you know, what's going on with this application, can you give me information, and we haven't even accepted it yet. So this just, I think,makes the process a little bit more effective and less confusing for neighbors of applications. GIFFIN: I agree. Thank you very much. Commissioners, any questions of Maija? Hearing none, do I hear a motion? WHITTEMORE: I'd like to move that we approve the Planning Director's amendment to Chapter 25, the Zoning Code, the Hawai`i County Code 1983, amended 2005. GIFFIN: Okay, this is going, the motion should say something about our sending a favorable recommendation to the County Council. WHITTEMORE: Move for a favorable recommendation. GIFFIN: Okay. Dickie. NELSON: Second. GIFFIN: It has been moved by Commissioner Whittemore and seconded by Commissioner Nelson that we send a favorable recommendation to the County Council for the amendment to Chapter 25, Zoning, of the Hawai`i County Code established in 1983 and the 2005 edition, relating to notification requirements for zoning amendment,project district and agricultural project district applications. I think we are ready for a vote. COTTLE: Okay, thank you. Commissioner Whittemore? WHITTEMORE: Aye. COTTLE: Commissioner Nelson? NELSON: Aye. COTTLE: Commissioner Bowman? BOWMAN: Aye. COTTLE: And Madam Chair? 2 GIFFIN: Aye. COTTLE: Okay, the motion passes, four-zero. GIFFIN: Thank you. The discussion ended at 10:00 a.m. Respectfully submitted, :5/ NO r■ &Vier Noriko Sauer, Secretary Leeward Planning Commission 3