(a)
Procedures before the Planning Commission.
(1)
The Planning Commission shall hold at least one (1) public hearing on any proposed application for reclassification.
(2)
Applications for reclassification relating to necessary governmental or public utility developments and applications initiated by the County Council, the Planning Commission, or other State or County departments or agencies may be heard at any time during the year. All other applications shall be considered for public hearings four (4) times a year, during the months of January, April, July and October. In the event the applications received cannot all be heard in those months, the Planning Commission shall continue the hearing period to the following month or months.
(3)
At any public hearing, any number of applications may be heard provided that each application is heard separately.
(4)
Applications for reclassification received in an acceptable form by the Planning Commission not later than sixty (60) days prior to the hearing date shall be considered by the Planning Commission and County Council for review and action.
(5)
At least twenty (20) days prior to the public hearing, the Planning Commission shall give written notice thereof to the applicant, the Land Use Commission, and the State Department of Planning and Economic Development, and shall publish at least once in a newspaper of general circulation published in the County the time, date and place of such hearing, its purpose, and a description of the property involved.
(6)
(A)
In addition to the published notice, the applicant, at least twelve (12) days prior to the scheduled date of such hearing, shall either hand deliver written notice to persons listed on the current notice of property assessment card file located at the Real Property Division of the Department of Finance of the County of Kaua'i, or mail, by certified mail, written notice to the addresses shown on such notice of property assessment cards, for at least eighty-five percent (85%) of all parcels of real property within three hundred (300) feet from the nearest point of the premises involved in the application to the nearest point of the affected property. For the purposes of this Paragraph, notice to one co-owner shall be sufficient notice to all other co-owners of the same parcel of real property. For each condominium project within the affected area, one (1) notice of the hearing shall be sent addressed "To the Residents, Care of the Manager," followed by the name and address of the condominium involved. The notice shall include the following information and shall be in a form approved by the Planning Director:
(i)
Date;
(ii)
Time;
(iii)
Location;
(iv)
Purpose;
(v)
Description or sketch of property involved; and
(vi)
Explanation of reclassification process with emphasis on forthcoming County Council action.
The applicant shall also provide notice as specified herein to all persons (other than those owners represented by applicant), with a property interest in the land sought to be reclassified, as shown on the real property tax records contained at the Real Property Tax Division, Department of Finance, County of Kaua'i, and as shown in the application. |
(B)
At least seven (7) days prior to the hearing date, the applicant shall file with the Planning Commission an affidavit as to the mailing or delivery of such notice and a list of persons to whom such notices were sent. Upon the fulfillment of all the requirements of this Paragraph, the requirements for notification shall be deemed to be completed.
(C)
Should the applicant fail to submit the affidavit within the time required, the public hearing shall be postponed, and the Planning Commission shall reschedule another hearing within sixty (60) days of the postponed hearing. The applicant shall be required to pay for the republication costs and shall follow the notice requirements of this Section in the renotification of all persons previously notified.
(7)
The Planning Department shall mail copies of the application together with other pertinent papers to persons, groups, community associations and other civic organizations that have indicated interest in the proposed reclassification for their comments.
(8)
Applications for necessary governmental or public utility developments and specific applications from the County Council, the Planning Commission, or other State or County departments or agencies shall be subject to all of the provisions of Subsection (a) of this Section with the exception of Paragraphs (2) and (4), provided that in the consideration of comprehensive land use boundary amendments pursuant to comprehensive development plan updates initiated by the County, the requirements of Paragraphs (2), (4) and (6) of Subsection (a) of this Section shall not apply. Public hearings on such applications may be heard at any time during the year.
(b)
Decision by the Planning Commission.
(1)
After the conclusion of the public hearing, the Planning Commission shall approve, approve with modifications, or disapprove any proposed reclassification and shall file a report with the County Council and the applicant of its findings and decision.
(2)
The Planning Commission's report shall be filed within ninety (90) days after the public hearing, or within such longer period as may be agreed upon between the Planning Commission and the applicant. Failure of the Planning Commission to so report within the ninety (90) day period or within such longer period as may be agreed upon by the applicant shall be deemed to be an approval of the proposed reclassification by the Planning Commission and shall be so reported in writing to the County Council by the Planning Director.
(3)
In the event the Planning Commission approves the reclassification, the County Council shall act on such application for reclassification as indicated in Subsection (c) of this Section. However, in the event the Planning Commission denies the proposal, its decision is final except that the applicant within fifteen (15) days after written notice of such action may in writing appeal such decision to the County Council, in which case the County Council shall hear the matter in the same manner as for an approval, except as otherwise provided herein.
(c)
Procedures Before the County Council.
(1)
The County Council shall hold a public hearing on the application for reclassification within seventy-five (75) days after receipt (time stamp) of the Planning Commission's report or an applicant's appeal.
(2)
At least twenty (20) days prior to the public hearing, the County Council shall give written notice thereof to the applicant, the Land Use Commission, and the State Department of Planning and Economic Development, and shall publish at least once in a newspaper of general circulation published in the County the time, date and place of such hearing, its purpose, and a description of the property involved.
(A)
In addition to the published notice, the applicant, at least twelve (12) days prior to the scheduled date of such hearing, shall either hand deliver written notice to persons listed on the current notice of property assessment card file located at the Real Property Division of the Department of Finance of the County of Kaua'i, or mail, by certified mail, written notice to the addresses shown on such notice of property assessment cards, for at least eighty-five percent (85%) of all parcels of real property within three hundred (300) feet from the nearest point of the premises involved in the application to the nearest point of the affected property. For the purposes of this Paragraph, notice to one co-owner shall be sufficient notice to all other co-owners of the same parcel of real property. For each condominium project within the affected area, one (1) notice of the hearing shall be sent addressed "To the Residents, Care of the Manager," followed by the name and address of the condominium involved. The notice shall include the following information and shall be in a form approved by the Planning Director:
(i)
Date;
(ii)
Time;
(iii)
Location;
(iv)
Purpose;
(v)
Description or sketch of property involved; and
(vi)
Explanation of reclassification process with emphasis on forthcoming County Council action.
The applicant shall also provide notice as specified herein to all persons (other than those owners represented by the applicant) with a property interest in the land sought to be reclassified, as shown on the real property tax records contained at the Real Property Tax Division, Department of Finance, County of Kaua'i, and as shown in the application. |
(B)
At least seven (7) days prior to the hearing date, the applicant shall file with the County Council an affidavit as to the mailing or delivery of such notice and a list of persons to whom such notices were sent. Upon the fulfillment of all the requirements of this Paragraph, the requirements for notification shall be deemed to be completed.
(C)
Should the applicant fail to submit the affidavit within the time required, the public hearing shall be postponed, and the County Council shall reschedule another hearing within sixty (60) days of the postponed hearing. The applicant shall be required to pay for the republication costs and shall follow the notice requirements of this Section in the renotification of all persons previously notified.
These notification requirements shall not apply in the consideration of comprehensive land use boundary amendments pursuant to comprehensive development plan updates initiated by the County.
(3)
After the conclusion of the hearing, the County Council may affirm, reverse or modify the Planning Commission's decision and may adopt the proposed reclassification or any part thereof by a majority vote of the County Council in such form as said County Council deems advisable. For applications which the Planning Commission have approved, or which have been denied and appealed, the County Council's decision shall be made within one hundred twenty (120) days after the conclusion of the County Council's hearing or within such longer period as may be agreed upon by the applicant.
(d)
Other Provisions.
(1)
When an application for reclassification is denied by the Planning Commission and no appeal is taken, or is denied by the County Council, the same or a substantially similar application may not be initiated sooner than one (1) year following such denial.
(2)
With the consent of the County Council or the Planning Commission, any application for reclassification may be withdrawn upon the written application of the applicant.
(3)
The County Council or the Planning Commission, as the case may be, may by motion abandon any proceedings for a reclassification initiated by its own resolution or intention. Such withdrawal or such abandonment may be made only when such proceedings are before such body for consideration.
(Ord. No. 492, October 31, 1986; Ord. No. 542, June 8, 1988)