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HomeMy WebLinkAboutCOM 0313.001 2024-2026C. Kimo Alameda, Ph.D. Mayor William V. Brilhante, Jr. Managing Director WestHawai`i Office 74-5044 Ane Keohokalole Hwy Kailua-Kona, Hawai `i 96740 Phone (808) 323-4770 Fax (808) 327-3563 DATE: June 2, 2025 Jeffrey W. Darrow Director Michelle S. Alm Deputy Director East Hawaii Office 101 Pauahi Street, Suite 3 .Hilo, Hawaii 96720 Phone (808),g¢1-8288 Fax (80&&91-8782 L C© W C:) 9P *-nu TO: Ashley L. Kierkiewicz, Chairperson of the Policy Committee on Planning,1. apd Use, and Economic Development and Members of the Ha ' `' County CouNil a FROM: Jeffrey W. Darrow, Planning Director SUBJECT: June 3, 2025, Presentation Material for Bill No. 60 County of Hawaii PLANNING DEPARTMENT Attached please find the presentation material from the Planning Department in relation to the following measure being heard by the Policy Committee on Planning, Land Use, and Economic Development on June 3, 2025. • Bill 60, Amends .Chapter 25 re: Zoning District Regulations for Meeting Facilities, Churches, Temples, Synagogues, and Community Buildings. Thank you! Attachment. Comm. 613 1 Ref. To: lm� Ref. Date J( - Q n www. to anning.hawaiicounly.gov Hawaii County is an Equal Opportunity Provider and Employer planning@hawaiicounty.eov Planning Director Initiated RELATING TO ZONING DISTRICT REGULATIONS FOR MEETING FACILITIES, CHURCHES, TEMPLES, SYNAGOGUES, AND COMMUNITY BUILDINGS. Amendment to Chapter 25, Article 1, Article 2, Article 4, Article 5, and Article 7 of the Hawai' i County Code 1983 (2016 Edition, as amended) Purpose of the Bill • This bill aims to correct zoning inconsistencies and ensure religious institutions receive equitable treatment under Hawai'i County's Zoning Code. This ordinance consolidates religious institutions under "meeting facilities," ensuring equal treatment in zoning regulations. • The bill also consolidates the overlapping term "community buildings" into "meeting facilities" for clarity and consistency. • Additionally, it introduces the term "Event" to distinguish routine facility use from larger commercial gatherings such as weddings or concerts which may require special permits or oversight. Purpose of the Bill (cont.) • Removes the definition of "Community Building". • Revises the definition of "Meeting Facility" to include religious institutions. • Introduces the term "Event" to distinguish commercial or large-scale gatherings from routine facility use. • Establishes standardized operating criteria for meeting facilities, including limitations on hours of operation and attendance capacity. • Requires technical review of proposed meeting facilities by applicable county and state agencies. • Amends permitted uses for meeting facilities across zoning districts. Background • The federal government enacted the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) in part to protect religious organizations and individuals from discriminatory land use regulations. • In February 2024, the Chabad Jewish Center and Rabbi Levi Gerlitzky filed a lawsuit against Hawai'i County, claiming the zoning code discriminates against religious institutions by requiring them to obtain use permits in residential zones —while secular meeting facilities can operate by right. • The U.S. Department of Justice filed a statement in the lawsuit in March 2024, alleging that the County's code violates RLUIPA's equal terms provision by treating religious uses less favorably than comparable secular uses. • The Planning Director is proposing amendments to the Hawai'i County Code to classify religious institutions as meeting facilities, aiming to eliminate zoning disparities, ensure RLUIPA compliance, and promote clear, fair land use standards. Proposed Amendments Relating to Definitions The following definition is proposed to be removed from section 25-1-5(b): �-11-- -= Reasons for the Amendment: Removing the "Community Building" definition will simplify the zoning code by eliminating redundancy. Proposed Amendments Relating to Definitions The definition of "Meeting Facility" is proposed to be amended as follows: =- == - Hs-, - has -o eveFH,,r-,4lq4 eeeeFH FHe== tie ig s, a ig d vv hie - o- f o o- o -o - --=-= = =- == - = - - - -=-building site that is used for recreational, social, or multipurpose use, and may include a halls, cultural, community and association centers, reliaious facilities such as places of worship, and student centers. This does not include schools or events." Proposed Amendments Relating to Definitions The following definition is proposed to be added to section 25-1-5(b): ""Event" means an assembly, generally by invitation or ticket purchase, that extends bevond the tvbical meetina facilitv orresidenticl use, includina but not limited to commercial weddings, wedding receptions, promotional events, and concerts." Reasons for the Amendment: Adds clarity by distinguishing routine meeting facility use from larger commercial gatherings. Ensures activities like weddings, receptions, and concerts are properly regulated and not automatically permitted as part of a meeting facility. Proposed Amendments Relating to Plan Approval To establish specific procedures for the director's review and decision -making on plan approval applications, Section 25-2-71(c) is amended to read as follows: (c) Plan approval shall be required in all applicable districts prior to the construction or establishment of the following improvements and uses: • (1) Meeting facilities, as permitted under Section 25-4-17 (Meeting Facilities). • (6) Events, as permitted under section 25-5-42." Reasons for the Amendment: This amendment clarifies that plan approval is required before meeting facilities and events are established, ensuring proper land use oversight and compliance with zoning regulations. Planning Director is proposing an additional amendment to this section to correct an er,ror in subsection (c)(6) to state "Events, as defined una'er section 25-1-5" Proposed Amendments Relating to Plan Approval Requirements for Meeting Facilities The following section is proposed to be added to establish zoning standards for meeting facilities: "Section 25-4-17 Meeting Facilities. (a)A meeting facility acility can be established within a new or existing structure, or on a buildina site for recreational, social, cultural, or multipurpose use. The facility may include a kitchen. (b)A meeting facility acility may be used for organizations operating on a membership basis for the promotion of members' mutual interests or may be primarily intended for community purposes. (c) A meeting facility acility only applies on building sites that have gatherings more than two times per week with more than 25 attendees. Proposed Amendments Relating to Plan Approval Requirements for Meeting Facilities Section 25-4-17 Meeting Facilities (cont.) (d)The hours of operation for meeting facilities shall start no earlier than 8:00 am and end no later than 9:00 pm. (e)A meeting facility acility can be established in a zoning district that permits such use, provided that the Director has issued plan approval. (f) A meeting facility acility shall be subject to technical review by the County Department of Public Works, County Fire Department, Countv Water Department and/or the State Department of Health for compliance with current code and rule requirements." Proposed Amendments Zoning Use Comparison Table by District RS/RDIRM/RCX Allowed; Permitted xNol Permitted %-Removetl X-Removed as RS / RD/ RM /RCX Allowed; Permitted xNot Permitted X -Removed X -Removed as a Use Use Use Permit Use Permit X-Removetl as X -Removed as a Allowed Allowed -Special allowed -Special Allowed -Special RAI FAIA RA / FA / A X-Removed X -Removed Use Permit/Special Use Permit/Special permit/Use Permit Permit/Use Permit Permit/Use Permit Permit/Use Permit Permit Allowetl-Special Allowed -Special Nllowetl-Special Allowed -Special %-Removetl as X -Removed as a �A IA X-Removetl X -Removed Permit Permit Permit Permit Special Permit Special Permit Proposed Amendments Zoning Use Comparison Table by District 6�O ................................... ... 1111111� BOB A —L V/CN/CG/CV/ Allowed; Permitted Allowed; Permitted V / CN / CG / CV / Allowed; Permitted Allowed; Permitted X-Removed X -Removed X-Removetl X -Removed MCX/CDH MCX /CDH Use Use Use Use Allowed as Allowed as a Allowed• Permitted Allowed; Permitted ML/MG ML / MG Permitted Use in Permitted Use in X-Removed X -Removed X-Removetl X -Removed Use Use ML only. ML only. O O Not Permitted Not Permitted Not Permitted Not Permitted X-Removed X -Removed Not Permitted Not Permitted Planning Director's Recommendation Windward Planning Commission Recommendation At its meeting on Thursday, April 3, 2025, the Windward Planning Commission voted to forward a favorable recommendation, with amendments to the following section of the draft Bill: Section 8 - Revision to proposed Section 25-4-17, subsection (c), to read: "(c) A meeting facility only applies on ,building sites that have gatherings more than two times per week with more than 25 attendees, exclusive of family members. " Leeward Planning Commission Recommendation At its meeting on Thursday, April 17, 2025, the Leeward Planning Commission voted to forward a favorable recommendation, with amendments to the following sections of the draft Bill: Section 6 - Amendment to Section 25-2-71, subsection (c)(6), to read: "Events, as defined under section 25-1-5. " Section 8 - Revision to proposed Section 25-4-17, subsection (c), to read: "(c) A meeting facility only applies on ,building sites that have gatherings more than two times per week with more than 25 attendees, exclusive of family members. "