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.J,~<~ a N1y,~ <br /> <br /> Harry Kim Christopher J• Yueu <br /> Mayor Director <br /> Brad Kurokawa, ASLA <br /> LEED®AP <br /> ~ulxrty~ gr ~tI~2Ttt DepuryDirector <br /> PLANNINi1G DEPARTMENT <br /> 101 Pauahi Sveet. Suite 3 Hilo, Hawaii 967203043 <br /> (808) 961-8288 FAX (808) 961-8742 <br /> r\+ <br /> 0 <br /> ~ <br /> March 7, 2007 -mss <br /> w <br /> !O <br /> Honorable Pete Hoffrnann - <br /> Chair and Presiding Officer <br /> and Members of the County Council <br /> COUNTY COUNCIL <br /> 333 Kilauea Avenue, Second Floor <br /> Hilo, HI 96720 <br /> Deaz Chair Hoffmann and Members of the County Council: <br /> SUBJECT: BILL 345 -RELATING TO FAMILY/GROUP LIVING FACILITY <br /> I have reviewed the proposed Draft 4 of Bi11345, attached to Councilmember Brenda <br /> Ford's letter of February 28, 2007 (Comm. No. 67.58). It basically resolves the issue <br /> discussed at our meeting regarding compliance with state law allowing adult residential <br /> care homes or intermediate care facility/mental retardation communities in residential <br /> azeas by stating that the distance restrictions do not apply to these. <br /> There is a legal issue, however, with subsea (c), however, which reads: <br /> "A croup livin fg <br /> acility in existence on the effective date of this ordinance may continue <br /> in operation despite non-compliance with the criteria contained in the definition of `group <br /> livin <br /> fg <br /> acility' for a maximum of 15 months from the effective date of this ordinance to <br /> allow the croup livin fg <br /> acility to come into compliance with said criteria or to obtain a <br /> use permit or special permit." <br /> There was some discussion in the council about trying to give a grace period for existing <br /> operations to continue for a period of time even though they may not conform to the <br /> distance criteria. Subsection (c), however, cannot be applied to group living facilities that <br /> are legally in operation in conformance with zoning at the present time because of <br /> state law limitations on the county zoning powers. If there is a change in the zoning <br /> ordinance that makes them not in compliance, they are considered "nonconforming uses." <br /> Comm. No. <br /> Ref. To• Pre:srtaQ <br /> Ref. Late. ' _ <br /> Hawaii County is an Equa[ Opportunity Provider and Employer. <br /> <br />