COM 0096.000 2008-2010 - Laserfiche WebLink

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J Yoshimoto, Chairman and Members of the County Council Page 2 Currently, the zoning and subdivision codes are not clear whether governmental functions, generally, can be exempted from the minimum lot sizes and other typical requirements of a subdivision. Section 23-11 of the Subdivision Code provides that the normal requirements, including lot sizes, "shall not be applicable to public utility and public rights-of-way subdivisions and their remnant parcels." The Zoning Code, in Section 25-4-34, provides that "the required minimum building site area may be waived by the director for public utility or public rights-of-way subdivisions, or both, and any resulting remnant parcels." The purpose of this bill is to more generally allow waivers by the director for subdivisions for governmental functions and purposes. The types of subdivisions allowed would be limited by inserting the "public use" definition currently in the Zoning Code, into the Subdivision Code. The amendment would not apply to government subdivisions that created industrial parks or other commercial projects or residential subdivisions. There are safeguards against any problems that such waivers may involve. Under the proposed amendment, the Planning Director could still require necessary improvements. Also, most new public projects involve an environmental assessment process where problems with the project can be addressed. The proposed amendment does not affecC the land use aspect of the public project. Generally, public uses and buildings are allowed in all County zoning districts. Jf the property in question is also within the State Land Use Agricultural district, however, a public use may need a Special Permit, because the State Land Use law allows only "public institutions and buildings which are necessary for agricultural practices" as a matter of right in the Agricultural district. (See H.R.S. sec. 205-4.5(b)(5) for soils classified as A or B; H.A.R. 15-15-25 for other soil types.) The accompanying draft bill is provided for your favorable consideration. (Material to be deleted is bracketed and struck through; material to be added is underscored.) The Planning Director's Background and Recommendation Report and transcripts of the hearings are also enclosed for your information. Sincerely, /~L~ ~ l~~ Rodney Watanabe, Chairman Planning Commission IPUIni[iatedPublicVUrpusesubdivisions cc: Planning Department-Kona Lincoln Ashida, Esq.