2006-08-25 TPLANNING DIR. - Laserfiche WebLink

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WATANABE:It’s my recollection that he’ll rejoin us in Hilo for this and vote on it there, bring up the discussion. ALAMEDA:Okay. Jeff? DARROW:Thank you, Mr. Chairman. I’m going to actually read a portion of the Recommendation from the Director, that way we just lay it on the record. The Planning Director is initiating an amendment to the definition of family in the Zoning Code. This amendment will address group living facility type programs that operate within a single family dwelling, which are licensed and regulated by the Department of Health. Presently, group living facility type programs would like to increase their occupancy beyond five unrelated persons within a single-family dwelling have no options within the State Land Use Urban District unless they fall under one of several exemptions allowed by State law. If they are located within the State Land Use Agricultural District, a special permit can be applied to increase the amount beyond five unrelated persons. Group living facilities that presently require a license from the Department of Health include Adult Residential Care Homes or ARCHS, Special Treatment Facilities or STFs, Therapeutic Living Programs or TLPs, Developmental Disabilities Domiciliary Homes or DDDHs and Assisted Living Facilities or ALFs. These group living programs are meant to be non-institutional and are designed to be operated within a single family dwelling. They are low impact type facilities that are licensed or regulated by the Department of Health-Office of Health Care Assurance Division for compliance with the Department of Health rules that are applicable for each type of facility. The Planning Director believes that these facilities are accessory to the single family dwelling and that they provide valuable services to residential communities for disabled persons needing treatment. It is proposed that these group living facilities would be allowed to operate within the State Land Use Urban District with up to eight residents plus live-in staff, because they are regulated and licensed by the Department of Health. This would also include facilities that are located within the State Land Use Agricultural District on lots where single-family dwellings are allowed, which are those lots created before June 4, 1976. Additionally, this will allow such facilities within the State Land Use Ag District on lots created after June 4, 1976, as long as the home is also used as a farm dwelling. The definition for family is presently defined as “an individual or two or more persons related by blood, state sanctioned-adoption, foster parentage, guardianship or marriage, or a group of not more than five unrelated persons (excluding servants), occupying a dwelling unit. This term includes individuals in larger group living situations described as group living facilities and child care homes. The Planning Director is proposing to add the phrase, “and a group of not more than eight unrelated persons, plus any program staff, living in a facility licensed,” and we’re adding this phrase, “or certified by the department of health” to achieve the purpose of this amendment. EXHIBIT D 2