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HomeMy WebLinkAboutCOM 0280.000 1998-2000 yd'•'~ ' ~e'~!'•y William G. Davis Mawging Director Stephen K. Yamashiro Mayan Henry Cho •iy,., . Deputy Mamging Director •a yr h• (~IIUZ~fg II~ ~tcfutzii 25 Aupuni Street, Room 215 Hilo, Hawaii 967164752 • (gOg) 961-8211 Fax (g08) 961fi553 KONA: 75-5706 Kuakini Highway, Suite 103 Kailua-Kona, Hawaii 96740 (g0g) 329.5226 Fax (t709) 326-5663 Apri126, 1999 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii _ 25 Auputti Street - Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Ordinance No. 96-159 (REZ 840) Applicant: Finance Holdings Request: Amendment to Conditions B, D, E, I, J & K Tax Map Key: 2-24:3, 31, 32, 35 and 37 Change of Zone Application (REZ 98-27) Applicant: Nanawale Estates Co. Request: O to RA-la Tax Map Key: 1-4-47:87 Change of Zone Application (REZ 98-28) Applicant: Nanawale Estates Co. Request: O to RA-la and A-Sa Tax Map Key: 1-4-59:77 Change of Zone Application (REZ 98-29) Applicant: Nanawale Estates Co. Request: O to FA-la Tax Map Key: 1-4-76:38 a;~i~9 2~0 Comm. No. ale No. h/CC~2.NG Ref. To: PG Ref. Date APR 2 9 1999 Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 April 26, 1999 Amend Hawaii County Code -Chapter 23 (Subdivisions) Initiator: Planning Director Amend Hawaii County Code -Chapter 25 (Zoning) Initiator: Planning Director Change of Zone Application (REZ 99-004) Applicant: Leigh R. Hilbert Request. O and A-la to FA-2a Tax MaD Key: 1-4-73:18 As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. Sincerely, l en KC 1!al;ttashiro Mayor / IA41699.MAY Encloswes cc: Planning Department M<YMN 4~ " Stephen K Yanunhiro Mapr ei'M~+' (~~ixnfg u~ ~ttfutlii PLANNING COMMISSION 25 Aupunl Street, Roan 109 rub wv.li %tzo-4zsz (B08) %1-0288 Fu (BOB) %1-%15 APR 2 6 1999 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakalti and Members: Amend Hawaii County Code -Chapter 25 (Zoning) Tnifiafnr Planninv DlieCtOr The Planning Commission at its duly held public hearing on April 16, 1999, voted to forwazd a favorable recommendation on the proposed amendment to Chapter 25 of the Hawaii County Code, relating to Zoning, by conforming it to amendments to the Hawaii County Charter. This proposed bill is intended to bring Chapter 25, Zoning Code, into conformance with the Charter amendments to Section 5-4.2, relating to the Planning Director; Section 5~.3, relating to the Planning Commission; and Section 5-6.3, relating to the Board of Appeals, of the Hawaii County Charter (1991). Two of the amendments are to eliminate the Planning Commission from the appeals process and to have the Board of Appeals hear and determine appeals from final decisions of the Planning Director and the Chief Engineer regarding matters within their respective jurisdiction, and to insure that no appeals from the Planning Commission are heard and determined by the Board of Appeals. The Charter amendments in Ordinance No. 98 83 became effective on Mazch 3, 1999, 120 days after approval by the voters of the County of Hawaii on November 3, 1998. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 For your favorable consideration, enclosed is an ordinance amending Chapter 25 of the Hawaii County Code, relating to Zoning. A copy of the staff background report and minutes of the hearings aze enclosed for your information. Sincerely, Leonard Tanaka, Chairman Planning Commission LCha2502.pc Enclosures • BCHRTRZC.agk-3/1/99 COUNTY OF HAWAII PLANNING CONIl~IISSION BACKGROUND REPORT PLANNING DIRECTOR INITIATED AMENDMENTS TO CHAPTER 25, RELATING TO ZONING, BY CONFORM_iNC- TO IiAW 11 O TNTY AR .R MEND .NT The Planning Director is initiating amendments to Chapter 25, relating to Zoning. On July 15, 1998, the Hawaii County Council passed Ordinance No. 98 83 (See Exhibit A), which initiated amendments to Section 5-4.2, relating to the Planning Director; Section 5-4.3, relating to the Planning Commission; and Section 5-6.3, relating to the Boazd of Appeals, of the Hawaii County Chazter (1991). Two of the purposes of the amendments were: 1. To eliminate the Planning Commission from the appeals process. 2. To have the Boazd of Appeals heaz and determine appeals from final decisions of the Planning Director and the Chief Engineer regazding matters within their respective jurisdiction, and to insure that no appeals from the Planning Commission aze heazd and determined by the Boazd of Appeals. The voters of the County of Hawaii on November 3, 1998 approved the amendments (See Exhibit B -copy of 1998 Official General Election Ballot). The Charter amendments in Ordinance No. 98 83 became effective on March 3, 1999, 120 days after approval by the voters. This proposed bill is intended to bring Chapter 25, Zoning Code, into conformance with the Charter amendments. ATTACH. C-280 (B-79 ) `S^ COUNTY OF HAW .:STATE OF HA.W_AII BILL NO. 211 q'F~3~3 ~~6) • c1R JU1.2' ; ~,;c ` . ,ORDINANCE NO. 98 83 , r G~u~`' V AN ORDINANCE TO INITIATE A CHARTER AMEAt1'iMENT OF THE HAWAII COUNTY CHARTER (1991). RELATING TO THE PLANNING DIItECTOR, PLANNING CONA2ISSION AND BOARD OF APPEALS. BE TT ORDAINED BY TFIE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Imeat and Purpose. The current sttvcnue of appeals to agency actions in the Coumy of Hawaii is duplicative and coaf[icting. The proposed amendtaents will establish a more effective appals system while presorting the right to appal and a hearing under Chapter 91, Hawan Revised Statutes, Administrative Praedures. These amendments will eliminate the existing cottfIict with Section 5.43 and Section5-6.3 of the County Charter relating to tht Plamiing Coatmissioa and the Board of AppeaLt. The aatendmaus m the Chatter would accomplish the following substantive changes: 1. The Planning Commission is eliminated from the appeals process. 2. The planning Commission membership will be represemative of each couact7 r district ' 3. The Board of Appals will hear and determine appals from ftnal decisions of the Planning director and the chief engineer ttgattiing matters within their respective jurisdictions. No appeals from the Plannning Commission will be heard by the Board of Appals. In addition, the bill makes less signifieant changes to clarify and reinforce the following existing practices and mandates: EXHIBIT 1. Includes duties of the Planning Commission as those assigned pursuant to law. 2. Reinforces that the Planning Commission will hold public hearings on any n matter upon which it must act. 3. Clarifies the kinds of matters which would be appealable from the administrative decisions of the Planning Director and the Chief Engitteer. 4. Conforms and simplifies the language to make iecotuistem with other sectiotts of the chatter. SECTION 2. Section 5-4.2 of the Hawaii County Chatter (1991), relating to the Platuting Director, is amended to read as follows: "Section 5-4.2. Planning Director. The planning director shall be appointed by the mayor, confirmed by the council and tray be removed by the mayor. The director shall be the chief n1atL^ine officrr of the county and the adtttittisrrative head of the depatttnem and shall: (a) [Serve as the chief platmittg officer~of the county and the technical advisor toj dv' a the mayor, planning commission, affi council on all platuung and [related] a d u e tnattets. (b) Prepare a general plan [and amendments thereto to guide the development of the county district or districts] +mnt~mentation plans. and any amendments thereto ' ~^^^*dance with 5cction 3-15. (c) prepare proposed zoning and subdivision ordinances, zoning maps and regulations and any amendments (or modifications] thereto. (d) Review the lists of ptvposed capital improvements contemplated by agencies [and executive agencies] of the county and recommend the order of their priority. ~~(e) [Be charged with the administration ofJ Administer the subdivision and zoning ordinances and regulaaoas adopted thereuttder. (f) [Be charged with the approval of] Render decisions on proposed subdivision plans [which art: in cod'ormiry with the subdivision ordinance and regulations.] giant to law. (g) [Receive, Process. and recommend m the plamting cotmmission appropriate action regarding] ]y~ake tecotttmendatiotts on rezoning applicatiotu, special exceptions, and other similar request. (h) [Be charged with the approval of variances as provided by law, but if a~ objections are made is writing m the ditecmr, the director's actions shall be subject m review by the planning commission according m law. If the said regttest is denied by the director, the appiicant may appeal such.denial m the planning commission.] amender decisions on nrooosed variance ttarsuant to law except that if anv written obiections are made to the nlatutinQ director's actions under this section said at:tionea~ it be subieet to tcview by the Board of Anneals in accordance with Section 5-6.3. unless Qthetwise trovided by law or this t3tarter. (i) jEtcetzise all the powers and perform all the duties of the planning director and the administrator of the commission as authorized by law or ordinance and exercise such other powers and perfatzrt such other duties as shall be required or delegated by the mayor, planning commission, or council.] ~rform such other related _3, duties and functions as may be necessary or required oursuant to law and this chaner." SECTION 3. Section 5-4.3 of the Hawaii County Charter (1991), relating to the ni Planning Commission, is amended to read as follows: "Section 5-d.3. Planning Commtsrioa. The planning commission shall consist of nine members one from each council district. who shall be appoinud by the mayor and confirmed by the council is the m~nn~* prescribed is Section 13-4. [Commission membership shall be representative of the cotnmuniry and of the county geographical azeas of Puna,'Ka'u, Kona, Kohala, Hamakua, and Hilo.] Each member shall be a le¢al resident and recistered voter of the district which the member presents. Ia addition, the chief engineer of the county and the manager of the dcparttnent of water supply or their designated reprtsearadves. shall serve as ex-officio members of the commission without power to vote. The coatrnission shall establish its rules of procedure and shall: , (a) Advise the mayor, council and the planning director [in matters conccrning] gn planning [progtartu] and land use matters trursuant to law and this art (b) Review the general plan, its amendmenu and other plans and modifications thettof and transmit such plant with rtxotnmetuiations thereon thtrough the mayor to the council for cotuidcration and action. [Ttie commission shall recommend approval, in whole or in part, with or without modifications, or rejcction of such platu.J (c) Review p; DQ osed subdivision and zoning ordinances and amendmenu -4- thereto [drafted by the director] and ttattsmit such ordinances with mommendationc thereon through the mayor to the council for consideration and action. [The commission shall recommend approval, in wh..+e or in part, widt or without modifications, or rejection of such ordinances.] [(d) Adopt rules and regulatiotu having tote force and effect of law pursuant to the subdivision and zoning ordinances. (e) Hear and determine appeals requesting variances or other exceptiotu from the subdivision and zoning ordinances where. due to special conditions, a liurat enforcement of the pmvisians of the ordinance will result in unnecessary hardship and the granting of the variances or other etcceptiotu wilt twt be contrary to the public interest.] [(f)](¢1 jFIoid] ~onductcti Public hearings [whenever necessary and] is every case prior to action on a~ [mooing reQuest, variance. special exception, or other related applications.] R+~*rer goon which the commission ~ law or this charter to ply Notice of the time and plan of the hearing shall be published at least ten days prior to such hearing in at least two daily newspapers of general circulation in the county. ~ j~otnt ~sch other related duties and fis*+aions as may be necessarv~r Le.+++;.rri f+u*n+~nt to law and this charter " - SECTION 4. Section 5-6.3 of the Iiawaii County Chatter (1991), relating to the Board of Appeals, is amended to ttad as follows: -5- "Section 5-6.3. Board of Appeak. The board of appeals shall consist of seven members who shall be appointed by the mayor and confirmed by the council in the manner prescribed in Section 13-4. Each member shall be a leeal resident and a reeistered voter of the Countv. [The board shall hear apd determine all appeals from the actions of the planning director and planning commission. In addition, the board shall hear and determinc appeals from the actions of the chief engineer or the chief engineer's staff regarding the enforcement of the building, pltunbiag, and electrical code and laws. All hearings shall be conducted according to the State Administrative • .Procedures Act. Whenever possible, persons with a background or expertise in broad areas of planning and construction shall be given preference for appointment to the board, although such background or expertise is not a pmequisite for membership. The board shall be part of the planning department for administrative purposes and the said depanmeat shall provide nexssary clerical and other assistance.) Board membership shall be represrntative of the community. and. whenever possible. persons with background or expertise in broad areas of planning and con~++sction shall be eiven preference. although such knowled¢e is not a prerequisite for memherchin_ The board Q[appeals shall establish its rules of procedure and shall: (a) year and determine atroeals from final decisions of the plaanine director or the chief en¢ineer regarding matters within their rcs*_+n-tive iurisdictions. ~ conduct hearines in accordance with Chapter 91. Hawaii Revised Ctatutes. and this chatter. J~ Be pan of the planning department for administrative purposes. and said department shall provide necessary clerical and other assistance." -6- SECTION 5. Members of the Board and Commission holding office ac the effective date of this amcndment shall contituu in office until their current terms expire, except that any member who fails to qualify as a legal resident and a registered voter in accordance with this ame~ment shall be removed and replaced in accordance with this chatter. SECTION 6. Material to be deleted is bracketed.. New material is underscored. In printing this ordinance. the brackets, bracketed material. and underscoring need not be inchrded. SECTION 7. If any provision of this ordinance or the application thereof to any person oz circuarstance is held invalid, such invalidity shall not affect other provisions or applicatioru of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance ate declared to be severable. SECTION 8. Upon adoption of this ordiaana, the council, by appropriate resolution. shall provide that this proposed amendment be submitted to the electors of the county for approval az the next general election. SECTION 9. The charter amendment proposed in this ordinance shall take effect 120 days after its approval by a majority of voters in the 1998 General election. INTRODUCED BY:, COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii - Due of Introduction: May 6, 7998 Dace of 1st Reuling: June 1, ]998 Dare of 2nd Rndmg: June 16, ]998 Dace of 3rd Reading: July 75, 1998 Etkaive Due: Maxett 3, 1999 }?ppROVED AS TO FORM AND LEGALITY: CORPORATION COUNSEL ' DATE: _7_ FF1CE OF THE COUNTY CLERK County of Hawaii H~o .Hawaii DRAFT 3 ROLL CALL VOTE In,rnJuced Dy: BobbV Jeen Leit2tead-Todd AYES NOES ABS EX Date lntcoduced: !'1eV 6 1998 X ~ ~ First Rea•lin~: June 1, 1998 Chung X I Published: N/A Leithpd-odd X I I ~Y X Reyrolds g ~ REAfARAS• 05/06/98 - Defexzed Sa"°" b _ X Smitb X T ler X Yaa°n X 0 DRAFT 4 ROLL CALL VOTE I Second Reuling: June 16 1998 To 1\fuvor N/A I AYES NOES I ABS I EX Returned: 1A X ~ I Effective N/A Chug Published: "/a LeithCfd•Todd I I RaY X i Reynolds i REd1.iRKS: Sancutgdo X I Smith Tvkr X 1 YaeonB i X i . I i DO HEREBY CERTIFY thru the foregoing Bl11, was adapred b?• the Counn• Cnrrncil and pehli.chral uc indicared abase. App,rn•ui/Di.tappmtrd d,ir Aav COURCII CHA1R,ilAN i 4 ~.~.~t COt:T7Y CLERK .11.11:%R l'AU~7T t%1'1/~?tGV/ BiI:Xa: 211 (Draft 6 ) Rciercnce: C-76D.02/PC-105 Ocd. din.: Q6 ~3 OFFICE OF THE COUNTY CLERK County of Hawaii HilA -Hawau ROLL CALL VOTE N tnuodoxd By: ~ AYES NOES AB EX ~ Atakald ~ Dam Iauvduced: Fim Reading: qua Published: Isithad-Todd Ray ~ ~ REMARKS: Reynolds Swim Smith , T ler Y I Df~1Fl' 6 T~~ ROLL CALL VOTE 900~Readinf: .tiny 15. t9oB AYES NOES AB5 EX To Iviayot: ; ~ulv 21. 1998 ' Returned: ~I3L° ~4. 1998 Atalaici X Effeerivc ,b+..rh i. taoa Puhltshr~ August 2. 1998 Lsidtnd-Todd M' REMARKS X 07/01/98 -Defeated $fAOAt~ X Smith X Tyler X ~ Y ~ X 7 0 2 0 I DO HEREBY CERTIFY that the foxgoing BILL was adopted by the County Council and published as indicated above. ^ • r :7 QS i O ' i ' LCAC l 4~~ •.~"etlr.Ila I•~•- A •rkfr Zy day .000NCILCNAlRMAN ~~/~'L~n~ • COUNTY CLERK HA OR OU, ' OF HAWAII ~ Dill No„ 211 (Draft 5 ) ~ Reference: -7 - Old. Na.: 1J:JU VI f11.rIML V1LI~~~~rfr_ VLr.v ~,v~~ vr~~~v1 r STATE Of HAWAII d COI1RrY OF HAWM 3 NOVEMBER 7, 1rY! 4 •AMENDMENTS TO THE PROPOSED ORDINANCE STATE CONSTITUTION BY INRIATIVE 4 should the County Charter be PROPOSED BYTHE COUNTY OF HAWAII amended to: NIN ENTH LEGISLATURE n1.Y~dr.d~tr.~.,a~.s a. Require that the Planning exdrw~.uertrll.nemm~nyar prcaAdl Commission membership thYrar oontlptlolW4arlwodby ~ng.dd,oadrtrRrywNNm t be constituted of one menl- r.mr trY~p.dmnrtaurpdilgpre.. bar from each of the nine AtalErgim trtr~ou.wlm.rL i council districts, and each 1 Snould ArUcie 8, hapter 14 member be a legal resident 1 Shall a review cortsnLgsion of the Hawaii unty. Code and registered voter of the be appoin d every ten years, be emended t prohibit the council distrk:t the member Instead of every' live years, storage or t sportatlon of re resents? startlng In >h year 2005? radioactlve terial used In P corrunercial I diadon fadlldes b. Require each member of YES O and cmn erofal devices, the Board of Appeals be a proms r facilitles. legal resident end a regis- ~ O tared voter of the County? c. Designate the Board of 2 Shad the Constl of the ~8 O Appeals as the only County State of Hawaii be nded to body to hear appeals of final >~cdY that the leg re shell AtiAINST O decisions o1 the Planning have the power to rase mar- Direct Chlel Engi- dage to opposite-sex es? PR OSED AMENDMENTS Weer n o 1o er have the 'IOTHE HAWAII Board eels near YES COUNTY CHARTS apps o d~ ns of the tannin on? ~ Yrrda a and simplify the dr tr . w ~ nguage of the Charter 6d'i r n o relating to planning to make k consistent with other S Systems secnons of the Charier? ~ ~ ~ IF YOU AC9REE YVffH COUNTY sepewte agency In the Exeo- PROPOSAL 4, VOTE'YES' PROPOS Branch to operate the 'C E 0 data Processing sy8-. IF YOU DISAC3REE vvITH COI~N- artd coordinate end over- TY PROPOSAL 4, VOTE'NO• lie Y teG d tr 4~ sae Orla Of 911 ~ r:0lYily mw.a q n. trrd r aYYM tr r tar de data processing YES O pagpiroaAtllnl3aibnl>mdrl ltaudrlm ~ excepttorthosesys- wL Lams aintalned by the NO O t of Water Supply'1 Shad there be a ntlon to propose a reviei of or amend ~ YOU ~ VVrtH COUNTY meets to the ? PROPEL VCTE'YES' IF YOU OISAO VVfTH 000N- Y~ O TY PROPOSAL VOTE'NO' NO O O ~ O 3 should the mrma of swan • county Council Lie f~++ ~ r~ >o EXHIBIT four years beginning in ~ year 2000 without altering ~ ~ ptaserrt eight year tens Ii IF vrnl era~~ vum+ r•.nl lnnv r . COUNTY OF HAWAII; ~ ~ , :STATE OF HAWAII BILL NO. `~,•Y].-~'~~ y ~CjS1lYl\yy`M1) LliC~1R1l~1Li'~11 ~ ~ ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25 OF THE HAWAII COUNTY CODE AS AMENDED, RELATING TO ZONING, BY CONFORMING ITS AMENDMENTS TO THE HAWAII COUNTY CHARTER. SECTION 1. Purpose. On July 15,1998, the Hawaii County Council passed Ordinance No. 98-83, which proposed amendments to §§5-42, 5-4.3 and 5-6.3 of the Hawaii County Charter (1991). As the ordinance stated, two of the purposes of the proposed amendments were: - To eliminate the Planning Commission from the appeals process. - To have the Board of Appeals hear and determine appeals from final decisions of the planning dirtctor and the chief engineer regarding matters within their respective jurisdiction, and to insure that no appeals from the Planning Commission are heard and determined by the Board of Appeals. The voters approved this charter amendment on November 3, 1998. The purpose of this bill is to bring Chapter 25 of the Hawaii County Code into conformity with the new charter amendments. SECTION 2. Chapter 25, Article 2, Division 2 of the Hawaii County Code is amended by adding a new section to be appropriately numbered and to read as follows: Section 25-2- .Further appeal rights. All actions of the board of avveals arE final except that. within thirty days of the date of the board's written decision an~nerson a2wrievrrt by tree decision of the board of a~„peals may avveal such action to Third Circuit Court pursuant to Chapter 91 of the Hawaii Revised Statutes. SECTION 3. Chapter 25, Article 2, Division 2, Section 25-2-55, "Review of director's action by non-applicant" is repealed. [Section 25-2-55. Review of director's action by nonapplicant. (a) If the drrector grants a variance over the timely written objection submitted by an interested party, the interested party may request the commission's review of the director's action. For purposes of this section, an "interested party" means a person who: (1) has a property interest in the subject property; or (2) owns or is the recorded lessee of property within the boundaries established by section 25-2-4; or (3) can otherwise demonstrate to the satisfaction of the commission that such person will be so directly and immediately affected by the proposed variance that the person's interest in the action is clearly distinguishable from that of the general public. The request by an interested party must be made in writing within fifteen days after notice of the director's decision, and shall contain a statement of the grounds of the objection. The request shall be accompanied by a nonrefimdablc filing fee of $250. (b) (1) The commission shall accept a request for review of the director's action only if the request is submitted in writing by an interested party within the time period prescribed by subsection (a) above. The commission shall consider the request at a regulazly scheduled meeting of the commission, at which time the applicant and the person who requested such review shall have an opportunity to be heard. (2) Within forty-five days after the receipt of a request for review, the commission shall determine either that the director granted the variance properly or that sufficient cause exists for a public hearing on the matter. (3) If the commission fails to make such determination within the prescribed time, the director's action shall be considered as having been affirmed. (c) If the commission determines that a public hearing is necessary, it shall promptly schedule the public hearing at which time the applicant, any interested party, and members of the general public shall have the opportunity to be heard on the application. A contested case hearing, as defined in chapter 91, Hawaii Revised Statutes, shall not be held by the commission on any variance application. -2- (d) Within ten days aRer receiving notice of the date of the public hearing, the interested party shall serve notice of the hearing on the applicant and on sun-ougding owners and lessees of record;as provided by section 25-2-4. The interested party shall also serve notice on owners and lessees of record of interests in other properties which the commission may find to be directly affected by the Variance sought. (e) The commission shall provide notice by publication of the public hearing in accordance with the provisions of this chapter. (f) Within ninety days of its decision to hold a public hearing on the matter, or within a longer period as maybe agreed to by the applicant, the commission shall either deny the variance application or approve it subject to conditions, stating the factual findings supporting the variance denial or approval. If the commission fails to reader a decision within the prescribed timc, the director's action shall be considered as having been affirmed.] SECTION 4. Chapter 25, Article 2, Division 5, is amended by adding a new section to read as follows: Section 25-2- Appeals If t_he dlrectpr denies a VarianCC appliCatiO^-- c~irh dGricinn ie final eXCept. that. within thirty clays after the date of the written decision. the a~licant rosy anneal such action to the board of meals pursuant to the rules of rnactice and procedure of the board of appeals. ~ Anyperson aggEieved by the decision of the director in the issuance of a variance d ~ appeal the director's action to the board of appeals in accordance ~.~ith this chapter v.~thin thirty d~~ after the date of the director's written decision. SECTION 5. Chapter 25, Article 2, Division 5, section 25-2-56, "Appeal of director's action by applicant" is repealed. [Section 25-2-56. Appeal of director's action by applicant. (a) If the director denies a variance application, such decision is final except that, within thirty days aRer the date of the written decision, the applicant may appeal such action to the commission. -3- (b) An appeal by an applicant to the commission shall be submitted in writing to the commission on a form prescribed by the commission and shall be accompanied by: (1) ~ nonrefundable filing fee of $250; and (2) Ten copies of a statement of the specific grounds for the appeal. (c) The commission shall provide notice by publication of the public hearing in accordance with the provisions of this chapter. (d) The commission shall provide written notice of the public hearing, at least ten days prior to the hearing, to persons who had submitted timely objections to the variance application before the director's action. (e) The commission shall conduct a public hearing within a period of sixty days from the date the written appeal is accepted by the commission, unless that period is waived by the applicant. A contested case hearing, as defined under chapter 91, Hawaii Revised Statutes, shall not be held by the commission on any variance appeal. (f) Within ninety days after acceptance of an applicant's variance appeal, or within such longer period as may be agreed to by the applicant, the commission shall afI"um, modify, or reverse the director's action. (g) All actions of the commission shall contain a statement of legal and factual bases for its decision in accordance with the criteria contained in section 25-2-51 of this chapter. (h) A decision to aflirm, modify, or reverse the director's action shall require a majority vote of the total membership of the commission. If the commission fails to render a decision to afl'um, modify, or reverse the director's action within the prescnbed period, the director's action shall be considered as having been affirmed.] SECTION 6. Chapter 25, Article 2, Division 5, section 25-2-57, "Further appeal rights," is repealed. [Section 25-2-57. Further appeal rights. All actions of the commission are final except that, within thirty days after the date of the written decision, any person aggrieved by the decision of the commission, may appeal such action to the board of appeals in accordance with this chapter.] SECTION 7. Chapter 25, Article 6, Division 1, section 25-6-7, "Review of director's action by non-applicant" is repealed: -4- [Section 25-fi-7. Review of directors action by nonapplicant. (a) If the director grants a P.U.D. permit over the timely written objection submitted by an interested party, the interested party may request the commission's review of the directors action. For purposes of this section, as "interested party" means a person who (1) has a property interest in the subject property; or (2) owns or is the recorded lessee of property within the boundaries established by section 25-2-4; or (3) can otherwise demonstrate to the satisfaction of the commission that such person will be so directly and immediately affected by the proposed P.U.D. permit that the person's interest in the action is clearly distinguishable fmm that of the general public. The request by an interested party must be made in writing within fifteen days after notice of the directors decision, and shall contain a statement of the grounds of the objection. The request shall be accompanied by a nonrefundable filing fee of $250. (b) The commission shall accept a request for review of the directors action only if the request is submitted in writing by an interested person within the time period prescnbed by subsection (a) above. The commission shall consider the request at a regularly scheduled meeting of the commission, at which time the applicant and the person who requested such review shall have an opportunity to be heard. Within forty-five days after the receipt of a request for review, the commission shall determine either that the director granted the P.U.D. permit properly or that sufficient cause exists for a public hearing on the matter. If the commission fails to make such detenaination within the prescribed time, the directors action shall be considered as having been afyirmed. (c) If the commission determines that a public hearing is necessary, it shall promptly schedule the public hearing at which time the applicant, any interested patty and membeis of the general public shall have the opportunity to be heard on the application. A contested case hearing, as defined in chapter 91, Hawaii Revised Statutes, shall not be held by the commission on any P.U.D. permit application. (d) Within ten days after receiving notice of the date of the public hearing, the interested patty shall serve notice of the hearing on the applicant and on surrounding owners and lessees of record as provided by section 25-2-4. The interested party shall also serve notice on owners and lessees of record of interests in other properties which the commission may find to be directly affected by the P.U.D. pemrit sought (e) The commission shall provide notice by publication of the public hearing in accordance with the provisions of this chapter. (f) Within ninety days of its decision to hold a public hearing on the matter, or within a longer period as may be agreed to by the applicant, the commission shall either -5- deny the P.U.D. application or approve it subject to conditions, stating the factual findings supporting the P.U.D. approval or denial. If the commission fails to render a decis;on within the prescribed time, the director's action shall be considered as having been affirmed.] SECTION 8. Chapter 25, Article 6 of the Hawaii County Code is amended by adding a new section to read as follows: . Section 25-6 eats u If the director denies a P.U.D. permit. such decision is final except that. within the days after the date of the written decision. the applicant may anneal such action to the board of a~eals. pursuant to the rules of practice and procedure of the board of appeals. ~ Any_person a¢grieved by the decision of the director in the issuance of a P.U.D. permit decision ma~~ppeal the director's action to the board of appeals. in accordance with this chanter. within thirty dav~after the date of the director's written decision. SECTION 9. Chapter 25, Article 6, Division I, section 25-6-8, "Appeal of director's action by applicant° is repealed. [Section 25-6-8. Appeal of director's action by applicant. (a) If the director denies a P.U.D. permit application, such decision is final except that, within thirty days after the date of the written decision, the applicant may appeal such action to the commission. (b) An appeal by an applicant to the commission shall be submitted in writing to the commission on a form prescribed by the commission and shall be accompanied by: (1) A nonrefundable 51ing fee of $250; and (2) Ten copies of a statement of the specific grounds for the appeal. (c) The commission shall provide notice by publication of the public hearing in accordance with the provisions of this chapter. -6- (d) The commission shall provide written notice of the public hearing, at least ten days prior to the hearing, to persons who had submitted timely objections to the P.U.D. permit application before the directors action. (e) The commission shall conduct a public hearing within a period of sixty days from the date the written appeal is accepted by the commission, unless that period is waived by the applicant. A contested case hearing, as defined under chapter 91, Hawaii Revised Statutes, shall not be held by thewmmission on any P.U.D. permit appeal. (f) Within ninety days after acceptance of an applicant's P.U.D. permit appeal, or within such longer period as maybe agreed to by the applicant, the commission shall affirm, modify, or reverse the directors action. (g) All actions of the commission shall contain a statement of legal and factual bases for its decision in accordance with the criteria contained in section 25-6-10. (L) A decision to affirm, modify, or reverse the directors action shall require a majority vote of the total membership of the commission. If the commission fails to render a decision to affirm, modify, or reverse the director's action within the prescribed period, the directors action shall be considered as having been affirmed.] SECTION 10. Chapter 25, article 6, division 1, section 25-6-9, "Further appeal rights" is repealed. [Section 25-6-9. Further appeal rights. All actions of the commission are final except that, within thirty days after the date of the written decision, any person aggrieved by the decision of the commission, may appeal such action to the board of appeals in accordance with this chapter.] SECTION 11. Material to be repealed is bracketed New material is underscored. In printing this ordinance, the brackets, bracketed material and underscoring need not be - included SECTION 12. If any provision of this ordinance, or the application thereof to any person or circumstances, is held invalid, such invalidity shall not affect the other -7- provision or applications which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance aze declared to be severable. SECTION 13. This ordinance shall take effect on INTRODUCED BY: COUNCILMEMBER, COUNTY OF HAWAII _g_ PLANNING COMMISSION COUNTY OF HAWAII PORTION OF MINUTES'ON CHAPTER 25 March 5, 1999 The Planning Commission met in regular session at 9:08 a.m. in the Hapuna Beach Prince Hotel, Hau Lehua Room, 62-100 Kauna'oa Drive, South Kohala, Hawaii, with Chairman Leonazd Tanaka presiding. PRESENT: Leonard Tanaka Richard Baket, Jr. Geraldine Giffin Lin McIntosh Mildred Moshcr James Souza Grant Togashi Alice Kawaha for Planning Director Eleanor Mirikitani, Stal7Planner Pam Harlow, StaffPlanna Frcd Giannini, Deputy Corporation Counsel (Left at 9:15 a.m.) Tom Pack representing the Depatmtent of Public Works Glenn Ahura representing the Department of Water SuPP1Y The Chair introduced the Commission and staff to members of the public. As Mr. Giannini had to leave for a Transportation Commission meeting in Kona, although he . would be available through a cellular phone, he explained that Items 6 and 7 on today's agenda is for the purpose of complying with the Charter Amendments passed in the last election. He noted that from now on certain actions by the Planning Director and Planning Commission will be appealable directly to the Board of Appeals. He said he will have to draft a new bill relating to Chapter 25 to state that Use Permits will now be granted by the Planning Commission after a contested case hearing and will not be appealable to the Board of Appeals. Mr. Giannini left at this time, 9:15 a.m. AMENDMENT TO The Commission took this item up at 10:11 a.m. with CHAPTER 25 approximately 2 people from the public in attendance. Pi _ANNING DIIZCTOR ZONING CODE PLANNING DIRECTOR -Initiation of a proposed bill to amend Chapter 25 of the Hawaii County Code, relating to Zoning, by conforming it to amendments to the Hawaii County Charter. , The Chair referred to Mr. Giannini's earlier briefing on this matter at the start of today's meeting. There was no one from the public wishing to testify on this agenda item. It was moved by Commissioner Giffin and seconded by Commissioner Mosher that the public hearing be continued to the next Hilo meeting. Motion was unanimously carried by a voice vote of all Commissioners in attendance. The discussion ended at 10:13 a.m. PLANNING COMMISSION COUNTY OF HAWAII PORTION OF MINUTES ~ON CHAPTER 25 April 16, 1999 The Planning Commission met in regular session at 2:41 p.m. in the Counry Building, Cout?cilroom-Room 109, 25 Aupuni Street, Hilo, Hawaii, with Chairman Leonard Tanaka presiding. PRESENT: Leonard Tanaka Richard Baker Geraldine Giffin Lin McIntosh Mildred Mosher James Souza Grant Togashi Virginia Goldstein, Planning Director Alice ICawaha, Staff Planner Susan Gagorik, Stall Planner Phyllis Fujimoto, Staff Planner Fred Giannini, Deputy Corporation Counsel Glenn Ahura representing Department.of Water Supply Casey Yanagihara representing Department of Public Works And one person from the public in attendance PLANNING DIRECTOR -Continued public hearing on the initiation of a proposed bill to amend Chapter 25 of the Hawaii Counry Code, relating to Zoning, by conforming it to amendments to the Hawaii County Charter. Ms. Kawaha noted the proposed amendments were previously distributed to the Commission at March 5th meeting. Regarding the Corporation Counsel's March 22, 1999 memo, staff made the following additional corrections: Page 2, Section 3, subsection (a); 2nd to the last line to read, "of the d'irector's written decision." Page 2, Section 3, subsection (b), first line to read, "A person is aggrieved by a decision of the director if:." Page 3, Section 4, Item (1) to read, "The Director erred in its decision." Page 7, Section 10, last paragraph to read, "Within thirty days after the date of the commission's written decision, any person aggrieved by the decision may appeal the commission's action to the Third Circuit Court pursuant to Chapter 91 of the Hawaii Revised Statutes." Page 7, add new Section 11 to read; "SECTION 11. Chapter 25, Article 2, Division 6, Section 25-2-67(d), "Revocation of a use permit" is amended to read as follows: "Section 25-2-67. Revocation of a use permit. "(d) A property owner or other person affected by the proposed revocation of a use permit ordered by the commission, may, within thirty days after mailing of the commission's order, appeal the commission's action to the Third Circuit Court pursuant to Chapter 91 of the Hawaii Revised Statutes." Page 7, present Section 11 renumbered to Section 12 and the remaining sections renumbered accordingly. There was no one from the public wishing to testify on this agenda item. It was moved by Commissioner McIntosh and seconded by Commissioner Mosher to send a favorable recommendation to the County fot the Planning Director's initiated amendments to Chapter 25 related to the Zoning by conforming it to Hawan County Charter Amendments and with the revisions as proposed by the Planning Department.(as recotnmended by the Planning Director and with the corrections made by the staff.) There was no discussion on the motion. A roll call.vote was taken and motion carried with seven ayes (McIntosh, Mosher, Baker, Griffin, Sottza, Togashi, and Tanaka). The discussion ended at 2:47 p.m.