HomeMy WebLinkAboutCOM 0088.049 1998-2000 0
March 8, 1999
ZONING CODE RATIFICATION
Planning Department Responses to Leleiwi Community Association's questions
1. a. What exactly does a County Environmental Report accomplish when the
person(s) who write the report evaluate that report and make decisions based
on their own conclusion.
The County Environmental Report is an informational document which is
submitted with any application for any change of zone. All applications are
reviewed by other State and County agencies such as DLNR (Forestry, Historic
Sites, Land Management), DOE, DOT on the State level and Public Works, Parks,
RectivE - •. etc. on the County level. They provide more information and comments to these
__ _ — •county environmental reports. Thus the evaluation and recommendations
- - -f_gj /1.._- .- orwarded by the Planning Department and Commission to the County Council
Date. - - -- CountY c ' I P includes both agency comments as well as information from the Environmental
Report.
b. Is this report a means of circumventing an Environmental Impact
Statement?
If the EIS referred to is that which is required by the State and/or Federal
Government; these are not required for Change of Zones which are
legislative (Council) actions. EISs have never been required unless there is some
other "trigger ". So no, this is not a means of circumventing an environmental
impact statement.
2. Section 25 -2.55 Review of Director's Action: Objection to lack of contested case by
Commission.
The appeal of a variance application will be going directly to the Board of Appeals (BOA)
rather than the Planning Commission; thus the contested case hearing will occur at the
BOA. This is due to Charter amendments.
3. Section 25 -2 -63: Objection to Contested Cases for use permits not being held
by the Planning Commission.
In this case, because of Charter amendments requirements; a contested case before the
Planning Commission for use permits will have to be held because the appeal is to the
Third Circuit Court.
Comm. No. :g • q
File No. -C-�2WG
Ref. To: brtsented P c
Ref. Date MAR 9 1999