HomeMy WebLinkAboutCOM 0672.000 2010-2012 \,1* William T.Takaba
William P.Kenoi .�.,1 x��/;t, Managing Director
Mayor
Wally Lau
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FT Deputy Managing Director
County of Hawai`i
25 Aupuni Street • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553
KONA: 74-5044 Ane Keohokalole Highway • Kailua-Kona,Hawaii 96740
(808)323-4444 • Fax(808)326-5663
April 11, 2012
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Honorable Dominic Yagong, Chairman —c,
and Members of the County Council `'
County of Hawai`i w ;...<
25 Aupuni Street --lc-)
Hilo, HI 96720 �'
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Dear Chairman Yagong and Members: v _
Initiator: Planning Director
Amendment to Map 15 of the Land Use Pattern Allocation Guide(LUPAG)Map
Of the County of Hawai`i General Plan
Initiator: Planning Director
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
'Initiator: Planning Director
Amendment to Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition,
As Amended)Relating to Crematoriums, Funeral Homes, Funeral Services, and Mortuaries
As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter, transmitted herewith for the
County Council's consideration and action are the Windward and Leeward Planning
Commissions' letters and enclosures regarding the above-referenced requests.
Sincerely
•
William P. Kenoi
Mayor
Enclosures
cc: Planning Department
gilt /314 Hawai'i County is an Equal Opportunity Provider and Employer Comm. No. (0-1 L
Ref. To: Fe
Ref. Date APR 13 2012
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4T!G;•Mi''�'
County of Hawaii
WINDWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720
Phone(808)961-8288 • Fax(808)961-8742
*APR 1 1 2012
The Honorable Dominic Yagong, Chairman 0,1 n
and Members of the County Council Ri 2)c7
County of Hawai`i
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Yagong and Council Members:
Initiator: Planning Director
Amendment to Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition,
As Amended)Relating to Crematoriums,Funeral Homes,Funeral Services, and Mortuaries
The Windward Planning Commission, at its duly held public hearing on March 1, 2012, considered the
Planning Director's request for an amendment to Chapter 25 (Zoning Code)of the Hawai`i County Code
1983 (2005 Edition, as amended)relating to crematoriums, funeral homes, funeral services and
mortuaries.
The Commission voted to forward a favorable recommendation to the County Council on the request.
The draft bill is attached for your favorable consideration. We have also enclosed a copy of the Planning
Director's Background and Recommendation, as well as a transcript of the hearing for your information.
Sincerely,
Zendo Kern, Chairman
Windward Planning Commission
Lpdinitiated-amendchap25crematoriums
Enclosures
cc: Amy Self, Esq.
Planning Department -Kona
Hawai`i County is an Equal Opportunity Provider and Employer
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County of Hawaii
LEEWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720
Phone(808)961-8288 • Fax(808)961-8742
APR 1 1 212
The Honorable Dominic Yagong, Chairman
and Members of the County Council
County of Hawai`i
25 Aupuni Street
Hilo,HI 96720
Dear Chairman Yagong and Council Members:
Initiator: Planning Director
Amendment to Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition,
As Amended)Relating to Crematoriums,Funeral Homes, Funeral Services, and Mortuaries
The Leeward Planning Commission, at its duly held public hearing on March 15, 2012, considered the
Planning Director's request for an amendment to Chapter 25 (Zoning Code) of the Hawai`i County Code
1983 (2005 Edition, as amended)relating to crematoriums, funeral homes, funeral services and
mortuaries.
The Commission voted to forward a favorable recommendation to the County Council on the request.
The draft bill is attached for your favorable consideration. We have also enclosed a copy of the Planning
Director's Background and Recommendation, as well as a transcript of the hearing for your information.
Sincerely,
c
Geraldine Giffin, Chairman
Leeward Planning Commission
Lpdin itiated-amendchap25crematori umsLPC
Enclosures
cc: Amy Self, Esq.
Planning Department-Kona
Hawai`i County is an Equal Opportunity Provider and Employer
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BRPDInitiatedMortuaryCrematoriums.doc-02-06-12
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND AND RECOMMENDATION
PLANNING DIRECTOR INITIATED
AMENDMENT TO CHAPTER 25 (ZONING CODE),ARTICLES 2 AND 4
RELATING TO ZONING DISTRICT REGULATIONS FOR CREMATORIUMS,
FUNERAL HOMES, FUNERAL SERVICES, AND MORTUARIES
The Planning Director has initiated the following amendments to Chapter 25
(Zoning Code), Articles 2 and 4 of the Hawaii County Code 1983 (2005 Edition, as
amended), relating to crematoriums, funeral homes, funeral services and mortuaries in
support of Bill 90, which was recently initiated by the Hawai`i County Council.
BACKGROUND
The County Council recently proposed amendments to the Zoning Code within
Articles 1 (General Provisions) and 5 (Zoning District Regulations) as described within
Bill No. 90 relating to crematoriums, funeral homes, funeral services and mortuaries.
PROPOSED AMENDMENTS
In general, this bill is initiated by the Planning Director to further support Bill 90
with some minor amendments that will help with the consistency of Bill 90 in the Use
Permit and Parking sections of the Zoning Code. The following amendments are
proposed:
1. Section 25-2-61(a)(2)of the Zoning Code regarding Use Permits.
Amend this section since approval of this amendment will no longer require Use
Permits for crematoriums in all zoning districts. Amend as follows:
(a) The following uses shall be permitted within designated County zoning districts only
if a use permit is obtained for the use from the commission:
(2) Crematoriums,funeral homes,funeral services and mortuaries in RS,RD,RM,
RCX,RA,FA,A and V [in all] districts.
2. Section 25-2-61(a)(9) of the Zoning Code regarding Use Permits.
(a) The following uses shall be permitted within designated County zoning districts only
if a use permit is obtained for the use from the commission:
[(9)Mortuaries in RS,RD, RM,RCX,RA,FA and A districts.]
-1-
Comm. 672
Bill 232
Delete Item 9 since mortuaries are covered under Item 2 above. Renumber
remaining items as appropriate.
3. Section 25-4-51(a)(8)regarding Required Number of Parking Spaces.
Amend this section to provide for minimum parking requirements.
(a) The number of parking spaces for each use shall be as follows:
(8) Funeral homes,funeral services,and mortuaries and crematorium: one for each
seventy-five square feet of gross floor area.
RECOMMENDATION
The Planning Director recommends that the Leeward and Windward Planning
Commissions send a favorable recommendation to the Hawaii County Council
regarding this bill relating crematoriums,funeral homes, funeral services and
mortuaries.
-2-
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.„.„
`V OF N,L'i'
COUNTY OF HAWAII STATE OF HAWAII
�t�OF M►•It_.
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2 AND ARTICLE 4 OF THE
HAWAII COUNTY CODE 1983 (2005 EDITION,AS AMENDED), RELATING TO
ZONING DISTRICT REGULATIONS FOR CREMATORIUMS, FUNERAL HOMES,
FUNERAL SERVICES,AND MORTUARIES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this bill is to provide further support for the
recent Bill No. 90, which provided amendments to crematoriums, funeral homes, funeral services
and mortuaries. This ordinance amends Chapter 25, Article 2 to clarify the zoning districts that
need a Use Permit for crematoriums, funeral homes, funeral services and mortuaries, and amends
Article 4 with regards to the required parking for crematoriums, funeral homes, funeral services
and mortuaries.
SECTION 2. Chapter 25, article 2, division 6, section 25-2-61 of the Hawai`i County
Code 1983 (2005 Edition, as amended)is amended by amending subsection(a)to read as
follows:
"(a) The following uses shall be permitted within designated County zoning districts only if a
use permit is obtained for the use from the commission:
(1) Bed and breakfast establishments in RS districts.
(2) Crematoriums, funeral homes, funeral services and mortuaries in RS, RD, RM,
RCX, RA, FA,A and V [in all] districts.
(3) Churches, temples and synagogues, including meeting facilities for churches,
temples, synagogues and other such institutions, in RS, RD, RM, RA, FA and A
districts; provided that a minimum building site area of ten thousand square feet is
required within the RS, RD, RM, and RA districts.
(4) Day care centers in RS, RD, RM, RA, FA and A districts, provided that a minimum
building site area of ten thousand square feet shall be required within the RS, RD,
RM, and RA districts.
(5) Golf courses and related golf course uses including golf driving ranges, golf
maintenance buildings, and golf club houses in the RS, RD, RM, RCX, RA, FA, A,
V, CG, CV, and 0 districts.
(6) Group living facilities that exceed the criteria in subsection 25-1-5(b), paragraph (b)
of the definition of"group living facility" in the RS, RD, RM, RCX, RA, FA, A,
CN, CG, CV, and V districts.
(7) Hospitals, sanitariums, old age, convalescent, nursing and rest homes, and other
similar uses devoted to the care or treatment of the aged, the sick, or the infirm in
the RS, RD, RM, RCX, RA, FA, A, and V districts, provided that a minimum
building site area of ten thousand square feet shall be required within the RS, RD,
RM, RCX and RA districts.
(8) Major outdoor amusement and recreation facilities in RS, RD, RM, RCX, RA, A,
CN, CG, CV, MCX, ML, MG and 0 districts.
[(9) Mortuaries in RS, RD, RM, RCX, RA, FA and A districts.
(l9)]O Schools in RS, RD, RM, RA, FA, A, V, MCX, ML and MG districts, provided
that a minimum building site area of ten thousand square feet shall be required
within the RS,RD, RM, and RA districts.
[(11)](10) Telecommunication antennas and towers in RS, RD, RM, RCX, RA, FA, A,
IA, and 0 districts.
[(12)](11) Yacht harbors and boating facilities in the RS, RD, RM, RCX, RA, V, CG,
CV, MCX, ML, MG and 0 districts.
[(13)](12) Wind energy facilities in the 0 district; provided that the property is within the
state land use agricultural district.
[(14)](13) Other unusual and reasonable uses which are not specifically permitted in any
zoning district with the approval of the director and the concurrence of the council
by resolution."
SECTION 3. Chapter 25, article 4, division 5, section 25-4-51 of the Hawai`i County
Code 1983 (2005 Edition, as amended) is amended by amending subsection(a) to read as
follows:
"(a) The number of parking spaces for each use shall be as follows:
(1) Agricultural tourism: one for each three hundred square feet of gross floor area used
principally for the agricultural tourism activity,but not fewer than three spaces,plus
bus parking if buses are allowed.
(2) Bed and breakfast establishments: one for each guest bedroom, in addition to one
for the dwelling unit.
(3) Bowling alleys: four for each alley.
(4) Commercial uses, including retail and office uses in RCX, CN, CG, CV, MCX, V,
RA, FA, A and IA districts: one for each three hundred square feet of gross floor
area.
(5) Day care centers: one for each ten care recipients of design capacity or one for
every two hundred square feet of gross floor area, whichever is greater.
(6) Dwellings, multiple-family: one and one quarter for each unit.
(7) Dwellings, single-family and double-family or duplex: two for each dwelling unit.
2
(8) Funeral homes, funeral services, [and-]mortuaries and crematoriums: one for each
seventy-five square feet of gross floor area.
(9) Golf courses: four for every hole.
(10) Hospitals: one for each bed.
(11) Hotels and lodges:
(A) For hotel guest units without a kitchen, one for every three units;
(B) For hotel guest units with a kitchen, one and one quarter for each unit.
(12) Industrial uses in ML, MG, MCX, RA, FA, A and IA districts: one for each four
hundred square feet of gross floor area.
(13) Laundromats, cleaners (coin operated): one for every four machines.
(14) Major outdoor amusement and recreation facilities: one for each two hundred
square feet of gross floor area within enclosed buildings, plus one for every three
persons that the outdoor facilities are designed to accommodate when used to the
maximum capacity.
(15) Meeting facilities, including churches: one for each seventy-five square feet of
gross floor area.
(16) Nursing homes, convalescent homes, rest homes and homes for the elderly: one for
every two beds.
(17) Parks: as determined by the director.
(18) Recreation facilities, outdoor or indoor, other than herein specified: one for each
two hundred square feet of gross floor area, plus three per court (racquetball, tennis
or similar activities).
(19) Rooming and lodging houses, religious, fraternal or social orders having sleeping
accommodations: one for each two beds.
(20) Schools (elementary and intermediate): one for each twenty students of design
capacity,plus one for each four hundred square feet of office floor space.
(21) Schools (high, language, vocational, business, technical and trade, college): one for
each ten students of design capacity, plus one for each four hundred square feet of
office floor space.
(22) Sports arenas, auditoriums, theaters, assembly halls: one for every four seats.
(23) Swimming pools (community): one for each forty square feet of pool area.
(24) Warehouse and bulk storage establishments where there is no trade or retail traffic:
one for each one thousand square feet of gross floor area."
SECTION 4. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
3
SECTION S. Severability. If any provision of this ordinance or the application thereof
to any person or circumstance is held invalid, such invalidity does not affect other provisions or
application of the ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are severable.
SECTION 6. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1St Reading:
Date of 2nd Reading:
Effective Date:
4
PLANNING COMMISSION
COUNTY OF HAWAII
HEARING TRANSCRIPT
MARCH 1,2012
A regularly advertised hearing on the PLANNING DIRECTOR INITIATED AMENDMENT TO CHAPTER 25
(ZONING CODE)OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED),RELATING
TO CREMATORIUMS,FUNERAL HOMES,FUNERAL SERVICES AND MORTUARIES,was called to
order at 10:18 a.m. in the County of Hawaii, Aupuni Center Conference Room, 101 Pauahi Street,Hilo,
Hawai`i,with Chairman Zendo Kern presiding.
COMMISSIONERS PRESENT: Zendo Kern,Dean Au, Takashi Domingo, Wallace Ishibashi, Stephen Ono
and Raylene Moses
STAFF PRESENT: Ivan Torigoe (Deputy Corporation Counsel), B. J. Leithead Todd (Planning Director),
Daryn Arai (Planning Program Manager), Phyllis Fujimoto (Staff Planner), Maija Cottle (Staff Planner), Jeff
Darrow (Staff Planner), and Sharon Nomura (Secretary)
And eight people from the public in attendance.
APPLICANT: PLANNING DIRECTOR INITIATED
Amendment to Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition,as amended),
relating to crematoriums, funeral homes, funeral services and mortuaries.
KERN: Applicant, Application No. 7, Planning Director initiated amendment to Chapter 25,Hawai`i
County Code,relating to crematoriums, funeral homes, funeral services and mortuaries. Jeff?
DARROW: Thank you,Mr. Chairman. This is a Planning Director initiated amendment to Chapter 25,the
Zoning Code. Previously or recently there was a County Council initiated amendment to the Code,regarding
crematoriums, funeral homes, funeral services and mortuaries. And basically the County Council was trying to
bring them together instead of having them separated,and to allow them a greater flexibility in zoning districts.
Through that process the Planning Director had made recommendations,as well as the Planning Commission,
and forwarded up those recommendations. In the process when these requested amendments had made their
way up to County Council it was unclear as to the correct process of how these amendments were to be
incorporated into the draft bill. So in response to that the County Council has requested to continue the original
bill forward and has asked the Planning Director to initiate a separate bill incorporating those simple
amendments that we had requested previously. And so that's all these are,those three requested amendments to
that original Bill 90 that will incorporate the Planning Director's and the Planning Commission's requested
amendments for funeral homes, funeral services, mortuaries and crematoriums.
They're very simple, if I could just touch upon them. Basically the first one is just,there was a section in the
Code that it's just a cleanup. There were areas where we just needed to bring everything in line; and these are
just very simple changes,hopefully nothing too complex. But if there are any questions, we can work with
those. Thank you.
KERN: Thank you,Jeff. Are there any questions for staff? Hearing none,thank you, Jeff. Anybody want to
make a motion? Oh, one second. There is nobody from the public signed up to testify on this one. Now I'm
ready to entertain a motion. Commissioner Au?
1
Comm. 672
Bill 232
AU: Thank you, Mr.Chair. I move to send a favorable to the Hawai`i County Council regarding this bill
relating to crematoriums, funeral homes, funeral services and mortuaries.
KERN: Is there a second?
ISHIBASHI: Second.
KERN: Any discussion? Commissioner Domingo?
DOMINGO: Just one clarification. Now these are all uses permitted in the various zoning districts, and that in
the event when an application is made it will go through the Use Permit process with hearings being conducted.
Is that right?
KERN: Question for our Director?
DOMINGO: Yes.
KERN: Director?
LEITHEAD TODD: If it's a use permit then you have to have it from the Commission. So it has to-.
DOMINGO: Yeah, and that was my concern,the ability to have the community respond to such a kind of use.
KERN: Any other discussion, comments? Hearing none, Jeff,take the vote.
DARROW: Thank you,Mr. Chairman. The motion before us is to send a favorable recommendation for this
Planning Director initiated amendment to the Zoning Code. With that,we'll take the roll call. Commissioner
Au?
AU: Aye.
DARROW: Commissioner Ishibashi?
ISHIBASHI: Aye.
DARROW: Commissioner Domingo?
DOMINGO: Aye.
DARROW: Commissioner Moses?
MOSES: Aye.
DARROW: Commissioner Ono?
ONO: Aye.
DARROW: And Mr. Chairman?
KERN: Aye.
2
DARROW: The motion passes six to zero.
KERN: Very good. Thank you.
The discussion ended at 10:24 a.m.
Respectfully submitted,
Sharon M.Nomura, Secretary
Windward Planning Commission
3
LEEWARD PLANNING COMMISSION
COUNTY OF HAWAI`I
HEARING TRANSCRIPT
MARCH 15, 2012
A regularly advertised hearing on the PLANNING DIRECTOR INITIATED AMENDMENT
TO CHAPTER 25, RELATING TO CREMATORIUMS, FUNERAL HOMES, FUNERAL
SERVICES AND MORTUARIES was called to order at 10:00 a.m. in the West Hawaii 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 crematoriums, funeral homes, funeral services and mortuaries.
GIFFIN: Moving right along,we are now on Agenda Item No. 4, also initiated by the Planning
Director. It is an amendment to Chapter 25, as we've been doing, on the Zoning Code, Articles 2
and 4,relating to zoning district regulations for crematoriums, funeral homes, funeral services, and
mortuaries. Jeff?
DARROW: Thank you, Madam Chair. Good morning, Members of the Planning Commission.
COMMISSIONERS: Good morning.
DARROW: Our last item on the agenda is an amendment to Chapter 25, relating to regulations for
crematoriums, funeral homes, funeral services, and mortuaries. Just recently the County Council
had initiated Bill 90, which had done a thorough job of changing the Zoning Code to allow
crematoriums, funeral homes, funeral services, and mortuaries to be combined together and be
consistent in the Code instead of being separated. And so during the process, the Planning
Department, as well as the Planning Commission, was asked to comment on that bill. And the
Planning Commission sent up three different changes, or requests, to make that the Planning
Department and the Planning Commission found that would help with the consistency of that Bill
90. Well, during the process when that went up, apparently there was some confusion as to how to
correctly process this. So what the County Council has directed the Planning Department to do is to
allow Bill 90 to go through, be passed, and then for the Planning Department to initiate, or the
Planning Director, to initiate a bill with those three changes and send it up after. And so that's what
we are doing. So again, this is simple housekeeping. And the three changes are listed on the
Background and Recommendation, which include the section on Use Permits, so that it identifies
1
Comm. 672
Bill 232
the different districts that would require a Use Permit for these particular items or uses, as well as
creating consistency in the parking area of the Zoning Code. With that, that concludes our
presentation. Are there any questions?
GIFFIN: Thank you, Jeff. Before we go into any questions, for the record, it has been indicated to
me that no one has signed up to testify on this agenda item. Commissioners, any questions?
Discussion? Okay. Hearing none, do I hear a motion?
NELSON: I move to approve.
GIFFIN: I think we should have a more complete motion. Regarding, we recommend that the
Leeward Planning Commission send a favorable recommendation to the Hawaii County Council
regarding this bill relating to crematoriums, funeral homes, funeral services, and mortuaries. Do I
hear a second?
WHITTEMORE: Second.
GIFFIN: It has been moved by Commissioner Nelson and seconded by Commissioner Whittemore
that we send a favorable recommendation to the Hawai`i County Council regarding this bill relating
to crematoriums, funeral homes, funeral services, and mortuaries. Any discussion? Hearing none,
roll call?
DARROW: Thank you, Madam Chair. With that, we'll take the roll call. Commissioner Nelson?
NELSON: Aye.
DARROW: Commissioner Whittemore?
WHITTEMORE: Aye.
DARROW: Commissioner Bowman?
BOWMAN: Aye.
DARROW: And Madam Chair?
GIFFIN: Aye.
DARROW: The motion passes, four to zero.
GIFFIN: Thank you.
The discussion ended at 10:04 a.m.
Respectfully submitted,
16/ NO k Sa 0'
Noriko Sauer, Secretary
Leeward Planning Commission
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