2014-03-20 Leeward Exh C (Amend Zoning Code Golf Courses)

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LEEWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT MARCH 20, 2014 PLANNING DIRECTOR INITIATED AMENDMENT A regularly advertised hearing on the TO CHAPTER 25 OF THE HAWAI‘I COUNTY CODE, RELATING TO GOLF COURSES AND RELATED GOLF COURSE USES was called to order at 10:19 a.m. in the West Hawai‘i Civic Center, Community Center, Building G, 74-5044 Ane Keohokālole Highway, Kailua-Kona, Hawai‘i, 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 Hawai‘i 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 Hawai‘i 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. 1 EXHIBIT C