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HomeMy WebLinkAboutCOM 0818.000 2012-2014 Walter K.M.Lau 4� Managing Director William P.Kenoi •: '• Mayor Randall M.Kurohara ON ...... � Deputy Managing Director c County of Hawaii Office of the Mayor 25 Aupuni Street,Suite 2603 • Hilo,Hawaii 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawaii 96740 (808)323-4444 • Fax(808)323-4440 April 4, 2014 .m Co J Yoshimoto, Council Chair c and Members of the County Council County of Hawaii CD C 25 Aupuni Street =rr- Hilo, HI 96720 Dear Chairman Yoshimoto and Members: c D.� Planning Director Initiated Amendment to Chapter 25, Article 4,Division 5 and Article 7, Division 2 of the Hawaii County Code 1983 (2005 Edition, as Amended)Relating to Increased Residential Density, Including Parking Requirements,Within CDH, Downtown Hilo Commercial District Planning Director Initiated Amendments to Chapter 25,Articles 2 and 5 of the Hawaii County Code 1983 (2005 Edition, As Amended)Relating to Golf Courses and Related Golf Course Uses Planning Director Initiated Amendment to Chapter 16"Amendment Procedures" Section 16.1 "Comprehensive Review"Part 1 of the County of Hawaii General Plan(2005 Edition,As Amended) As required by Chapter 7, Sec. 6-7.5 (a),Hawaii 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. Sin William P. Kenoi Mayor Enclosures cc: Planning Department <�•� �� Comm. No. V9 Ref. To: PG County of Hawai i is an Equal Opportunity Provider and Employer Pef. Date AFN 10 MW tY OF h" r' �r County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 Fax(808)961-8742 C7 ,Q G7n s ZO APR 0 .,: ; --+Z CD -G -Tl n,rn J Yoshimoto, Council Chair ® j;*= and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yoshimoto and Council Members: Planning Director Initiated Amendments to Chapter 25, Articles 2 and 5 of the Hawaii County Code 1983 (2005 Edition,As Amended)Relating to Golf Courses and Related Golf Course Uses The Windward Planning Commission, at its duly held public hearing on March 6, 2014, considered the Planning Director's request for amendments to Chapter 25,Articles 2 and 5 of the Hawaii County Code 1983 (2005 Edition, as amended), relating to golf courses and related golf course uses. Amendments will clarify that a Use Permit to allow golf courses and related uses within zoning districts will not be permitted if the property is situated within the State Land Use Agricultural District, in accordance with State Land Use Law. 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 and transcript of the hearing for your information. Sincerely, 1 z 1 Ir Ronald Gonzales, Chairman Windward Planning Commission cc: Planning Department—Kona Enclosures Lpdinitiatedamendchap25 golfcourses WPC Hawai`i County is an Equal Opportunity Provider and Employer 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 0 � n � o.n VIP ZO �C "<-�-i J Yoshimoto, Council Chair and Members of the County Council s rrt County of Hawaii �7 25 Aupuni Street Hilo,HI 96720 Dear Chairman Yoshimoto and Council Members: Planning Director Initiated Amendments to Chapter 25, Articles 2 and 5 of the Hawa1`1 County Code 1983 (2005 Edition,As Amended)Relating to Golf Courses and Related Golf Course Uses The Leeward Planning Commission, at its duly held public hearing on March 20, 2014,considered the Planning Director's request for amendments to Chapter 25, Articles 2 and 5 of the Hawaii County Code 1983 (2005 Edition,as amended),relating to golf courses and related golf course uses. Amendments will clarify that a Use Permit to allow golf courses and related uses within zoning districts will not be permitted if the property is situated within the State Land Use Agricultural District, in accordance with State Land Use Law. 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 and transcript of the hearing for your information. Sincerely, Geraldine Giffin, Chairma Leeward Planning Commission cc: Planning Department—Kona Enclosures Lpdinitiateda mendehap25 golfcoursesLPC Hawai'i County is an Equal Opportunity Provider and Employer BUI)Initiated-GolfGounes.doc-01-28-14 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND AND RECOMMENDATION PLANNING DIRECTOR INITIATED AMENDMENT TO CHAPTER 25 (ZONING CODE),ARTICLES 2 AND 5 RELATING TO ZONING DISTRICT REGULATIONS FOR GOLF COURSES AND RELATED GOLF COURSE USES. The Planning Director has initiated the following amendments to Chapter 25 (Zoning Code), Articles 2 and 5 of the Hawaii County Code 1983 (2005 Edition, as amended), relating to golf courses and related golf course uses. BACKGROUND In 2005, the following sections of the State Land Use Law was changed to prohibit golf courses and golf driving ranges within the State Land Use Agricultural District: §205-2 Districting and classification of lands. (d) Agricultural districts shall include: Agricultural districts shall not include golf courses and golf driving ranges, except as provided in section 205-4.5(d). §205-4.5 Permissible uses within the agricultural districts. (d) Notwithstanding any other provision of this chapter to the contrary, golf courses and golf driving ranges approved by a county before July 1, 2005, for development within the agricultural district shall be permitted uses within the agricultural district. At the County level, the Zoning Code allows golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses in the County RS, RD, RM, RCX, RA,FA, A, V, CG, CV, and O zoning districts through the issuance of a Use Permit. The Zoning Code does not clearly define that these uses are not permitted if the property is located within the State Land Use Agricultural District. PROPOSED AMENDMENTS This bill is initiated by the Planning Director to amend a portion of the Use Permit section in the Zoning Code relating to golf courses and related golf course uses. Information will be added indicating that the property must be located within the State Re: Bill 238/Comm. 818 -1- r Land Use Urban or Rural Districts in order to apply for a Use Permit to allow golf courses and related golf course uses within the listed County zoning districts. Additionally, similar amendments will be made to the RS, RD, RM, RCX, RA, FA, A, V, CG, CV, and O zoning district sections of the Zoning Code where it is referenced regarding the need for a Use Permit to allow golf courses and related golf course uses in each of these sections. Additionally, information will be added regarding the grandfather clause that is stated within HRS 205-4.5(d)that allows golf courses and golf driving ranges within the State Land Use Agricultural District, as long as they were approved by the County before July 1, 2005. Relating to the Use Permit Section for golf courses and related golf course uses: Section 25-2-61. Applicability; use permit required. (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: (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 O districts[...], provided that the property is within the State Land Urban or Rural District. Golf courses and golf driving ranges shall not be permitted within the State Land Use Agricultural District unless approved by the County before July 1, 2005. Reason for change: As mentioned previously, the State Land Use Law was changed to prohibit golf courses and golf driving ranges within the State Land Use Agricultural District. This code amendment will inform the public that Use Permits to allow golf courses and related golf course uses can only be applied for on lands in the State Land Use Urban or Rural Districts. Additionally, information will be added regarding the grandfather clause that is stated within HRS 205-4.5(d) that allows golf courses and golf driving ranges within the State Land Use Agricultural District, as long as they were approved by the County before July 1, 2005. Relatine to Zoning District Regulations for golf courses and related golf course uses: Section 25-5-3. Permitted uses. (b) In addition to those uses permitted under subsection(a) above, the following uses may be permitted in the RS district,provided that a use permit is issued for each use: -2- (6) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses[-;] pursuant to Section 25-2-61, provided that the property is within the State Land Urban or Rural District. Golf courses and golf driving ranges shall not be permitted within the State Land Use Agricultural District unless approved by the County before July 1, 2005. Section 25-5-22. Permitted uses. (b) In addition to those uses permitted under subsection(a) above, the following uses may be permitted in the RD district, provided that a use permit is issued for each use: (5) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses[...], provided that the property is within if situated within the State Land Urban or Rural District. Golf courses and golf driving ranges shall not be permitted within the State Land Use Agricultural District unless approved by the County before July 1, 2005. Section 25-5-32. Permitted uses. (b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the RM district,provided that a use permit is issued for each use: (5) Golf courses and related golf course uses,including golf driving ranges, golf maintenance buildings and golf club houses[...], provided that the property is within the State Land Urban or Rural District. Golf courses and golf driving ranges shall not be permitted within the State Land Use Agricultural District unless approved by the County before July 1, 2005. Section 25-5-42. Permitted uses. (b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the RCX district,provided that a use permit is issued for each use: -3- (3) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses[-.], that the property is within the State Land Urban or Rural District. Golf courses and golf driving ranges shall not be permitted within the State Land Use Agricultural District unless approved by the County before July 1, 20059 Section 25-5-52. Permitted uses. (b) The following uses may be permitted in the RA district,provided that a use permit is issued for each use: (1) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses[;—ate], provided that the property is within the State Land Urban or Rural District. Golf courses and golf driving ranges shall not be permitted within the State Land Use Agricultural District unless approved by the County before July 1, 20050 Section 25-5-62. Permitted uses. (b) The following uses may be permitted in the FA district,provided that a use permit is issued for each use: (1) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses[..-], provided that the property is within the State Land Urban or Rural District. Golf courses and golf driving ranges shall not be permitted within the State Land Use Agricultural District unless approved by the County before July 1, 2005. Section 25-5-72. Permitted uses. (b) The following uses may be permitted in the A district, provided that a use permit is issued for each use: (1) Golf courses and related golf course uses, including golf course driving ranges, golf maintenance buildings and golf club houses[...], provided that the property is within the State Land Urban or Rural District. Golf -4- courses and golf driving ranges shall not be permitted within the State Land Use Agricultural District unless approved by the County before July 1, 2005. Section 25-5-92. Permitted uses. (b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the V district,provided that a use permit is issued for each use: (2) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses[.], provided that the property is within the State Land Urban or Rural District. Golf courses and golf driving ranges shall not be permitted within the State Land Use Agricultural District unless approved by the County before July 1, 2005. Section 25-5-112. Permitted uses. (b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the CG district,provided that a use permit is issued for each use: (1) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses[-.], provided that the property is within the State Land Urban or Rural District. Golf courses and golf driving ranges shall not be permitted within the State Land Use Agricultural District unless approved by the County before July 1, 2005. Section 25-5-122. Permitted uses. (b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the CV district, provided that a use permit is issued for each use: (1) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses[.], provided that the property is within the State Land Urban or Rural District. Golf courses -5- and golf driving ranges shall not be permitted within the State Land Use Agricultural District unless approved by the County before July 1, 2005. Section 25-5-162. Permitted uses. (b) In addition to those uses permitted under subsection(a) above, the following uses may be permitted in the O district, provided that a use permit is issued for each use: (2) Golf courses[.] and related golf course uses,including golf driving ranges, Rol f maintenance buildings and golf club houses,provided that the property is within the State Land Urban or Rural District. Golf courses and golf driving ranges shall not be permitted within the State Land Use Agricultural District unless approved by the County before July 1 2005. Reason for changes: The amendments made to the Use Permit section above also needs to be reflected within each of the listed zoning district sections that allows golf courses and related golf course uses with a Use Permit. This amendment will reflect that a property needs to be located within the State Land Use Urban or Rural District to be able to apply for a Use Permit to allow golf courses and related golf course uses in each listed zoning district. Additionally, information will be added regarding the grandfather clause that is stated within HRS 205-4.5(d) that allows golf courses and golf driving ranges within the State Land Use Agricultural District, as long as they were approved by the County before July 1, 2005. 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 to golf courses and golf driving ranges. -6- 6y COUNTY OF HAWAII STATE OF HAWAII BILL NO. � "400444 ORDINANCE NO. 1�L do AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2 AND ARTICLE 5 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO ZONING DISTRICT REGULATIONS FOR GOLF COURSES AND RELATED GOLF COURSE USES. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The purpose of this ordinance is to amend sections in Article 2 and Article 5 of the Zoning Code to further define the requirements for a Use Permit to allow golf courses and related golf course uses in certain County-zoned districts. State law was changed to prohibit golf courses and golf driving ranges within the State Land Use Agricultural District and the Zoning Code does not clearly reflect this change. Information will be added indicating that the property must be located within the State Land Use Urban or Rural Districts to apply for a Use Permit to allow golf courses and related golf course uses within the RS, RD, RM, RCX, RA, FA, A, V, CG, CV, and O zoning district classifications. SECTION 2. Chapter 25, article 2, section 25-2-61 of the Hawaii 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, RA, FA, and A districts, provided that the property is within the state land use urban district. (2) Crematoriums, funeral homes, funeral services and mortuaries in RS, RD, RM, RCX, RA, FA, A and V 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 O districts[.], provided that the property is within the state land use urban or rural district. Golf courses and golf driving ranges shall not be permitted within the State Land Use Agricultural District unless approved by County before July 1, 2005. (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 O districts. (9) 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. (10) Telecommunication antennas and towers in RS, RD, RM, RCX, RA, FA, A, IA and O districts. (11) Yacht harbors and boating facilities in the RS, RD, RM, RCX, RA, V, CG, CV, MCX, ML, MG and O districts. (12) Wind energy facilities in the O district; provided that the property is within the state land use agricultural district. (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 5, section 25-5-3 of the Hawaii County Code 1983 (2005 Edition, as amended) is amended by amending subsection(b)to read as follows: "(b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the RS district, provided that a use permit is issued for each use: (1) Bed and breakfast establislunents as permitted under section 25-4-7. (2) Care homes. (3) Churches,temples and synagogues. (4) Crematoriums, funeral homes, funeral services, and mortuaries. (5) Day care centers. (6) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses[...], provided that the prop is within the state land use urban or rural district. Golf courses and golf driving ranges shall not be permitted within the State Land Use Agricultural District unless approved by the County before July 1, 2005. (7) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. (8) Major outdoor amusement and recreation facilities. (9) Schools. (10) Telecommunication antennas and towers. (11) Yacht harbors and boating facilities." 2 SECTION 4. Chapter 25, article 5, section 25-5-22 of the Hawaii County Code 1983 (2005 Edition, as amended) is amended by amending subsection(b)to read as follows: "(b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the RD district, provided that a use permit is issued for each use: (1) Care homes. (2) Churches, temples and synagogues. (3) Crematoriums, funeral homes, funeral services, and mortuaries. (4) Day care centers. (5) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses[.], provided that the property is within the state land use urban or rural district. Golf courses and golf driving ranges shall not be permitted within the State Land Use Agricultural District unless approved by the County before July 1, 2005. (6) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. (7) Major outdoor amusement and recreation facilities. (8) Schools. (9) Telecommunication antennas and towers. (10) Yacht harbors and boating facilities." SECTION 5. Chapter 25, article 5, section 25-5-32 of the Hawaii County Code 1983 (2005 Edition, as amended) is amended by amending subsection(b)to read as follows: "(b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the RM district, provided that a use permit is issued for each use: (1) Care homes. (2) Churches, temples and synagogues. (3) Crematoriums, funeral homes, funeral services, and mortuaries. (4) Day care centers. (5) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses[...], provided that the prop . is within the state land use urban or rural district. Golf courses and golf driving ranges shall not be permitted within the State Land Use Agricultural District unless approved by the County before July 1, 2005. (6) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. (7) Major outdoor amusement and recreation facilities. (8) Schools. (9) Telecommunication antennas and towers. (10) Yacht harbors and boating facilities." SECTION 6. Chapter 25, article 5, section 25-5-42 of the Hawaii County Code 1983 (2005 Edition, as amended) is amended by amending subsection (b) to read as follows: "(b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the RCX district,provided that a use permit is issued for each use: (1) Care homes. 3 (2) Crematoriums, funeral homes, funeral services, and mortuaries. (3) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses[-.], provided that the property is within the state land use urban or rural district. Golf courses and golf driving ranges shall not be permitted within the State Land Use Agricultural District unless approved by the County before July 1, 2005. (4) Hospitals, sanitariums, old age, convalescent,nursing and rest homes. (5) Major outdoor amusement and recreation facilities. (6) Telecommunication antennas and towers. (7) Yacht harbors and boating facilities." SECTION 7. Chapter 25, article 5, section 25-5-52 of the Hawaii County Code 1983 (2005 Edition, as amended) is amended by amending subsection(b) to read as follows: "(b) The following uses may be permitted in the RA district, provided that a use permit is issued for each use: (1) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses[ ], provided that the property is within the state land use urban or rural district. Golf courses and golf driving ranges shall not be permitted within the State Land Use Agricultural District unless approved by the County before July 1, 2005. (2) Telecommunication antennas and towers." SECTION 8. Chapter 25, article 5, section 25-5-62 of the Hawaii County Code 1983 (2005 Edition, as amended)is amended by amending subsection(b)to read as follows: "(b) The following uses may be permitted in the FA district, provided that a use permit is issued for each use: (1) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses[.], provided that the property is within the state land use urban or rural district. Golf courses and golf driving ranges shall not be permitted within the State Land Use Agricultural District unless approved by the County before July 1, 2005. (2) Telecommunication antennas and towers." SECTION 9. Chapter 25, article 5, section 25-5-72 of the Hawaii County Code 1983 (2005 Edition, as amended) is amended by amending subsection(b)to read as follows: "(b) The following uses may be permitted in the A district, provided that a use permit is issued for each use: (1) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses[:], provided that the property is within the state land use urban or rural district. Golf courses and golf driving ranges shall not be permitted within the State Land Use Agricultural District unless approved by the County before July 1, 2005. (2) Telecommunication antennas and towers." 4 SECTION 10. Chapter 25, article 5, section 25-5-92 of the Hawaii County Code 1983 (2005 Edition, as amended) is amended by amending subsection(b) to read as follows: "(b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the V district, provided that a use permit is issued for each use: (1) Crematoriums, funeral homes, funeral services, and mortuaries. (2) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses[:], provided that the property is within the state land use urban or rural district. Golf courses and golf driving ranges shall not be permitted within the State Land Use Agricultural District unless approved by the County before July 1, 2005. (3) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. (4) Schools. (5) Yacht harbors and boating facilities." SECTION 11. Chapter 25, article 5, section 25-5-112 of the Hawaii County Code 1983 (2005 Edition, as amended)is amended by amending subsection(b) to read as follows: "(b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the CG district, provided that a use permit is issued for each use: (1) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses[.], provided that the property is within the state land use urban or rural district. Golf courses and golf driving ranges shall not be permitted within the State Land Use A.g�cultural District unless approved by the County before July 1, 2005. (2) Major outdoor amusement and recreation facilities. (3) Yacht harbors and boating facilities." SECTION 12. Chapter 25, article 5, section 25-5-122 of the Hawaii County Code 1983 (2005 Edition, as amended) is amended by amending subsection(b)to read as follows: "(b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the CV district,provided that a use permit is issued for each use: (1) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses[.], provided that the property is within the state land use urban or rural district. Golf courses and golf driving ranges shall not be permitted within the State Land Use Agricultural District unless approved by the County before July 1, 2005. (2) Major outdoor amusement and recreation facilities. (3) Yacht harbors and boating facilities" 5 SECTION 13. Chapter 25, article 5, section 25-5-162 of the Hawaii County Code 1983 (2005 Edition, as amended) is amended by amending subsection(b) to read as follows: "(b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the O district, provided that a use permit is issued for each use: (1) Crematoriums, funeral homes, funeral services, and mortuaries. (2) Golf courses[...], provided that the property is within the state land use urban or rural district. Golf courses and golf driving ranges shall not be permitted within the State Land Use Agricultural District unless approved by the County before July 1, 2005. (3) Yacht harbors and boating facilities; provided that the use, in its entirety, is compatible with the stated purpose of the O district. (4) Wind energy facilities; provided that the property is within the state land use agricultural district. (5) Telecommunication antennas." SECTION 14. 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. SECTION 15. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall 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 declared to be severable. SECTION 16. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1"Reading: Date of 2'd Reading: Effective Date: 6 WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT MARCH 6, 2014 A regularly advertised hearing on the Planning Director Initiated, Amendment to Chapter 25, Articles 2 and 5 of the Hawaili County Code 1983 (2005 Edition, as amended) relating to golf courses and golf course uses was called to order at 10:35 a.m. in the Hilo State Office Building, Conference Rooms A, B, & C, 75 Aupuni Street,Hilo, Hawaii with Chairman Ronald Gonzales presiding. COMMISSIONERS PRESENT: Ronald Gonzales, Charles Heaukulani, Gregory Henkel, Wallace A. Ishibashi, Jr., Stephen Ono, and Raylene Moses. ABSENT AND EXCUSED: Myles Miyasato. ALSO PRESENT: Margaret Masunaga(Deputy Corporation Counsel for the Windward Planning Commission), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner), Maija Cottle (Staff Planner), and Sarah Hata-Finley(Secretary). And approximately 13 people from the public in attendance. INITIATOR: PLANNING DIRECTOR Amendments to Chapter 25, Articles 2 and 5 of the Hawaii County Code 1983 (2005 Edition, as amended),relating to golf courses and related golf course uses. Amendments will clarify that a Use Permit to allow golf courses and related uses within certain zoning districts will not be permitted if the property is situated within the State Land Use Agricultural District, in accordance with the State Land Use Law. ARAI: Thank you, Mr. Chairman. The next item on your agenda hopefully will be a straightforward one,but we have a request to amend the Zoning Code Articles 2 and 5 relating to golf course and related golf course uses. Let me just give you a real brief history of why this amendment is being offered by the Planning Director. Prior to 1985, golf courses were like a permitted use on agriculturally designated lands. And that was allowed by State law. In 1985, due to the concerns about golf courses being outrightly permitted on agricultural lands and the potential impacts associated with golf courses, I believe, if memory serves me right, the Director at that time, Duane Kanuha, I think, introduced a bill to require Use Permits to allow the establishment of golf courses and golf driving ranges upon agriculturally designated lands. And that has been the case ever since 1985 all the way up to 2005 when the State Legislature amended the State Land Use Law basically saying golf courses will no longer be permitted on agriculturally designated lands, with the exception of those golf courses approved by the County of, approved by the counties prior to July 1, 2005. So sort of like grandfathering what was previously approved by the counties. 1 Re: Bill 238/Comm. 818 So ever since then, golf courses are no longer permitted on agriculturally designated lands; however, if you look at our Zoning Code, the Zoning Code and the language contained therein sort of like didn't catch up to what the State law now requires. So, what we're offering to you as a bill that basically goes through the Zoning Code and makes it absolutely clear that a Use Permit may be pursued to allow a golf driving, golf course and golf driving range on various zoning districts, residential, commercial, resort, open, and agricultural, with the exception if those lands are designated agriculture by the State Land Use Commission. And that's simply to make sure that we don't run afoul of the prohibition by State law. So, basically, what you see before you is just a housekeeping measure. So,hopefully, I've explained it clear enough. If not, I stand ready to answer any questions you may have. GONZALES: Any questions for Mr. Arai? No? Ok, a motion would be in order. And there's no one signed up to testify. Anybody? HEAUKULANI: Ok, I'll move that we send a favorable recommendation to the Hawaii County Council regarding this bill relating to golf courses and golf driving ranges. HENKEL: Second. GONZALES: Discussion? Go ahead, Daryn. ARAI: Ok, the motion on the floor is a favorable recommendation for a proposed amendment to the Zoning Code regarding golf courses and related golf course uses as recommended by the Director. With that, I'll make the call. Commissioner Heaukulani? HEAUKULANI: Aye. ARAI: Commissioner Henkel? HENKEL: Aye. ARAI: Commissioner Ishibashi? ISHIBASHI: Aye. ARAI: Commissioner Moses? MOSES: Aye. ARAI: Commissioner Ono? ONO: Aye. ARAI: Mr. Chairman. GONZALES: Aye. 2 ARAI: Mr. Chairman, motion carries with six aye votes. GONZALES: Thank you. ARAI: Thank you. The discussion ended at 10:40 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 3 LEEWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT MARCH 20,2014 A regularly advertised hearing on the PLANNING DIRECTOR INITIATED AMENDMENT TO CHAPTER 25 OF THE HAWAII COUNTY CODE,RELATING TO GOLF COURSES AND RELATED GOLF COURSE USES was called to order at 10:19 a.m. in the West Hawaii Civic Center,Community Center,Building G,74-5044 Ane Keohokiilole Highway, Kailua-Kona, Hawaii,with Chair Geraldine Giffin presiding. COMMISSIONERS PRESENT: Geraldine Giffin,Brandi Beaudet,Thomas Hickcox, Barbara Nobriga and Thomas Whittemore ABSENT AND EXCUSED: Richard Nelson, III ALSO PRESENT: Duane Kanuha(Planning Director),Margaret Masunaga(Deputy Corporation Counsel),Jeff Darrow(Planner),Maija Cottle(Planner),Ron Whitmore(Planner), Bethany Morrison(Planner)and Noriko Sauer(Commission Secretary) And one person from the public in attendance. INITIATOR: PLANNING DIRECTOR Amendments to Chapter 25, Articles 2 and 5 of the Hawaii County Code 1983(2005 Edition,as amended),relating to golf courses and related golf course uses. Amendments will clarify that a Use Permit to allow golf courses and related uses within certain zoning districts will not be permitted if the property is situated within the State Land Use Agricultural District,in accordance with the State Land Use Law. GIFFIN: Commissioners,we are now on Agenda Item No. 3. This,too,has been initiated by the Planning Director. He has initiated the following amendments to Chapter 25,the Zoning Code, Articles 2 and 5 of the Hawaii County Code 1983,2005 Edition,as amended,relating to golf courses and related golf course uses. Jeff? DARROW: Thank you,Madam Chair. Similar to our last amendment,this is mainly for housekeeping purposes. There was,prior to 1985 golf courses were considered a permitted use within the State Land Use Agricultural District. In about 1984, 1985,our current director had initiated an amendment to require a Use Permit even if the golf course was located in the State Land Use Agricultural District,so in the County Zoning it would come in for a Use Permit; so that way we give the opportunity for the public to testify. In 2005 the Legislature had changed the permitted uses and made it so that golf courses were prohibited within the State Land Use Agricultural District. So there currently are no options within the District unless it was permitted prior to July of 2005. What was happening was that there was some confusion in the way our Code was written on whether or not there were options. And so we wanted to make it extremely clear that there are no options within the State Land Use Agricultural District. So basically, that's the summary of the action that's happening. l Re: Bill 238/Comm. 818 GIFFIN: Thank you,Jeff. Commissioners,any questions? The recommendation is located on Page 6 of your background report. And I'm ready to entertain a motion. BEAUDET: Madam Chair? GIFFIN: Brandi. BEAUDET: I move for a favorable recommendation to the Hawai'i County Council regarding this bill relating to golf courses and golf driving ranges. GIFFIN: Do I hear a second? HICKCOX: Second. GIFFIN: It's been moved by Commissioner Brandi Beaudet and Commissioner Tommy Hickcox that we forward a favorable recommendation to the Hawaii County Council regarding this bill relating to golf courses and golf driving ranges. DARROW: Thank you, Madam Chair. GIFFIN: You're welcome. DARROW: With that,we'll take the roll call. Commissioner Beaudet? BEAUDET: Aye. DARROW: Commissioner Hickcox? HICKCOX: Aye. DARROW: Commissioner Nobriga? NOBRIGA: Aye. DARROW: Commissioner Whittemore? WHITTEMORE: Aye. DARROW: And Madam Chair? GIFFIN: Aye. DARROW: The motion passes,five to zero. GIFFIN: Thank you. DARROW: Thank you. 2 GIFFIN: I did forget to say for the record that no one,Jeff,had signed up to testify regarding Agenda Item No. 3. The discussion ended at 10:23 a.m. Respectfully submitted, Noriko Sauer,Secre Leeward Planning Commission 3