HomeMy WebLinkAbout2012-03-15 Leeward Exh B - Zoning Code Notification Req
LEEWARD PLANNING COMMISSION
COUNTY OF HAWAI‘I
HEARING TRANSCRIPT
MARCH 15, 2012
PLANNING DIRECTOR INITIATED AMENDMENT
A regularly advertised hearing on the
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 Hawai‘i
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
EXHIBIT B
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
EXHIBIT B
GIFFIN: Aye.
COTTLE: Okay, the motion passes, four-zero.
GIFFIN: Thank you.
The discussion ended at 10:00 a.m.
Respectfully submitted,
Noriko Sauer, Secretary
Leeward Planning Commission
3
EXHIBIT B