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HomeMy WebLinkAboutAGE PC 03/05/1999 1998-2000 tvwM- 4;. •,9 HAWAII COUNTY COUNCIL AGENDA 5 Te Session COMMITTEE ON PLANNING Bobby Jean Leithead-Todd, Chair Curtis Tyler, Vice Chair Aazon Chung, Member Leningrad Elarionoff, Member Julie Jacobson, Member Nancy Pisicchio, Member Al Smith, Member Dominic Yagong, Member James Y. Arakald, Ex-O~cio Member DATE: March 5, 1999 (Friday) PLACE: Councilroom TIME: 2:30 P.M. CALL TO ORDER PRESENTATION: STATUS REPORT REGARDING THE GENERAL PLAN REVISION PROGRAM BY THE COUNTY OF HAWAII'S PLANNING DEPARTMENT. STATEMENTS FROM THE PUBLIC ON ITEMS ON THE AGENDA REFERRALS (NOTE: The Chair recommends that the following communications and attached bills referred by the Planning Commission, to the Planning Committee, be deferred.) PC-5 Page 2 March 5, 1999 Comm. 23: ORDINANCE BILL AMENDING SECTION 25-8-34 (Bill 7) (PAPAIKOU-ONOMEA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO FAMILY AGRICULTURAL (FA-la) AT WAINAKU, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-6-13:1 (APPROXIMATELY 10.00 ACRES) APPLICANT: PAUL J. KIERKIEWICZ From Mayor Stephen K. Yamashiro dated December 8, 1998, transmitting a letter and above bill from Planning Commission Chair Kevin M. Balog. Comm. 24: ORDINANCE BILL AMENDING ORDINANCE NO. 92-51, WHICH (Bill 8) RECLASSIFIED LANDS FROM AGRICULTURAL (A-3a) TO RESIDENTIAL (RS-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-4-37:36 (FORMERLY 2-4-37:PORTION OF 16), REQUEST: AMENDMENT TO CONDITION C, E, F & H, (APPROX. 10.023 ACRES) APPLICANT: WAIAKEA DEVELOPMENT From Mayor Stephen K. Yamashiro, dated December 8, 1998, transmitting a letter and above bill from Planning Commission Chair Kevin M. Balog. The request is for additional time to secure Final Subdivision Approval (Condition C); deferral of roadway and drainage improvements to Kupulau Road (Conditions E and F); and deferral of a housing plan for the development (Condition H). Comm. 25: ORDINANCE BILL AMENDING SECTION 25-8-33 (CITY OF HILO (Bi119) ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-IS) TO SINGLE FAMILY RESIDENTIAL (RS-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-4-11:87 (APPROXIMATELY 21,780 SQUARE FEET) APPLICANT: AMY S. YAMAMOTO From Mayor Stephen K. Yamashiro, dated December 8, 1998, transmitting a letter and above bill from Planning Commission Chair Kevin M. Balog. PC-5 Page 3 March 5, 1999 Comm. 43: ORDINANCE BILL AMENDING ORDINANCE NO. 166 AND (Bill 10) SECTION 25-8-19 (NORTH HILO DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-10) TO AGRICULTURAL (A-l0a) AT PAPAALOA, NORTH HILO, HAWAII, COVERED BY TAX MAP KEY 3-5-3:PORTION OF 27 AND 75 AND 3-5-4:PORTION OF 8 REQUEST: AMENDMENT TO DISTRICT CLASSIFICATION AND CONDITIONS OF ORDINANCE NO. 166 (APPROX. 100.994 ACRES) APPLICANT: JACK RAMOS RANCH, INC. From Mayor Stephen K. Yamashiro, dated December 14, 1998, transmitting a letter and above bill from Planning Commission Chair Kevin M. Balog. Comm. 44: ORDINANCE BILL AMENDING THE STATE LAND USE (Bill 11) BOUNDARIES MAP, H-25 FOR THE COUNTY OF HAWAII, BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE URBAN DISTRICT AT OULI, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-2-I 1:6 (APPROXIMATELY 5.0001 ACRES) APPLICANT: MICHAEL K. AND THUY N. FUJIMOTO; and (Bill 12) ORDINANCE BILL AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICTS ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-Sa) TO RESIDENTIAL AND AGRICULTURAL (RA-2a) AT OULI, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-2-11:6 (APPROXIMATELY 5.0001 ACRES) APPLICANT: MICHAEL K. AND THUY N. FUJIMOTO From Mayor Stephen K. Yamashiro, dated December 14, 1998, transmitting a letter and above bills from Planning Commission Chair Kevin M. Balog. PC-5 Page 4 Marcb 5, 1999 Comm. 45: ORDINANCE BILL AMENDING ORDINANCE NO. 90 63, AS (Bill 13) AMENDED BY ORDINANCE NO. 93 76, WHICH RECLASSIFIED THE DISTRICT CLASSIFICATION OF LAND FROM UNPLANNED (U) TO SINGLE FAMILY RESIDENTIAL (RS-7.5) AND (RS-20) AT PUAPUAAIKI AND PUAPUAANUI, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-17:28 AND 29 REQUEST: EXTENSION OF TIME TO CONDITION C (SECURE FINAL SUBDIVISION APPROVAL) (APPROXIMATELY 99.3 ACRES) APPLICANT: PUALANI ESTATES, INC. From Mayor Stephen K. Yarnashiro, dated December 14, 1998, transmitting a letter and above bill from Planning Commission Chair Kevin M. Balog. Comm. 46: ORDINANCE BILL AMENDING SECTION 25-8-3 (NORTH KONA (Bill 14) ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-Sa) TO SINGLE FAMILY RESIDENTIAL (RS-7.5) AT HONOKOHAU 2ND, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-4-8:POR. 26 (APPROXIMATELY 12.294 ACRES) APPLICANT: McCLEAN HONOKOHAU PROPERTIES, L.P. From Mayor Stephen K. Yamashiro, dated December 14, 1998, transmitting a letter and above bill from Planning Commission Chair Kevin M. Balog. Comm. 47: PLANNING DIRECTOR INITIATED ORDINANCE BILL AMENDING (Bill 15) CHAPTER 25 (ZONING CODE), ARTICLE 5, SECTIONS 25-5-76 AND 25-5-86, OF THE HAWAII COUNTY CODE, RELATING TO MINIMUM YARDS IN THE AGRICULTURAL AND INTENSIVE AGRICULTURAL DISTRICTS From Mayor Stephen K. Yamashiro, dated December 14, 1998, transmitting a letter and above bill from Planning Commission Chair Kevin M. Balog. PC-5 Page 5 March 5, 1999 Comm. 133: ORDINANCE BILL AMENDING THE STATE LAND USE (Bi1135) BOUNDARIES MAP, H-66 FOR THE COUNTY OF HAWAII, BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE URBAN DISTRICT AT KEAAU, PUNA, HAWAII, COVERED BY TAX MAP KEY 1-6-3:93 (APPROXIMATELY 10.5 ACRES) APPLICANT: HAWAII ELECTRIC LIGHT CO., INC.; and (Bill 36) ORDINANCE BILL AMENDING SECTION 25-103/25-8-22 (PUNA DISTRICT ZONE MAP), ARTICLE 3/8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO GENERAL INDUSTRIAL (MG-1 Oa) AT KEAAU, PUNA, HAWAII, COVERED BY TAX MAP KEY 1-6-3:93 (APPROXIMATELY 10.5 ACRES) APPLICANT: HAWAII ELECTRIC LIGHT CO., INC. From Mayor Stephen K. Yamashiro, dated January 29, 1999, transmitting a letter and above bills from Planning Commission Chair Leonard Tanaka. UNFINISHED BUSINESS (NOTE: Due to time constraints, should the workshop regarding the Zoning Code exceed 5 p.m. today (March 5, 1999), discussion will continue at the Committee on Planning's Workshop regarding the Zoning Code, on Monday, March 8, 1999, at 1:30 p.m. in the Councilroom.) WORKSHOP ON BILL 250, DRAFT 4 (RAMSEYER) AND BILL 250, DRAFT 9 (RAMSEYER) -ZONING CODE, JERRY D. ROTHSTEIN, et al. VS. COUNTY OF HAWAII, et al: CIVIL N0.97-028K (KONA) Comm. 88.08: BILL AMENDING CHAPTER 25 OF THE HAWAII COUNTY (Bi11250) CODE RELATING TO REVISIONS TO THE ZONING CODE (Draft 4 & Draft 9) From County Clerk AI Konishi, dated February 8, 1999, (RAMSEYER) transmitting Bill 250, Draft 4 (Ramseyer) and Bill 250, Draft 9 (Ramseyer), which repeals Chapter 25 (Zoning Code) and adopts a new Chapter 25 to the Hawaii County Code 1985 (1995) Edition. Also transmits Notes on the Zoning Code Revisions. Bill 250 (Draft 4) This is a revision of Bill 250, Draft 1, which was introduced in Ramseyer: February 1996. Bill 250, Draft 8, was passed by the County Council on November 21, 1996, and became law on December 7, 1996. On December 21, 1998, Judge Ronald Ibarra ordered that PC-5 Page 6 March 5, 1999 Bi11250, Draft 4 (which was considered by the Council in a "repeal and reenactment" format) be referred back to the Council in the Ramseyer format for ratification. This draft proposed a number of major amendments to Chapter 25, Hawaii County Code (Zoning Code), as it existed prior to November 1996. A 37-page document entitled, "Notes on Zoning Code Revisions" has been updated to aid in understanding the changes between Draft 4 and the pre- existing Zoning Code. It also highlights major changes between Draft 4 and what was previously known as Draft 8 (revised for typographical and grammatical errors and now called Draft 9). Major changes to Chapter 25 (as it existed prior to November 1996) include, but are not limited, to the following items or subject areas: rules, various new and amended definitions (for example: provides definition of "County environmental report" separate and apart from state EIS required under Chapter 343, HRS; changes number of unrelated persons allowed in residence); major changes proposed in all zoning districts (residential, agricultural, commercial, resort etal.); amends notice provisions and persons to be notified; amends time periods affecting permits and other applications; changes filing fees; amends appeals process; major changes to uses requiring use permits, deletes some, adds others; amends sections relating to plan approvals; amends sections regarding telecommunication towers and heliports; establishes zoning districts, CO deleted, new mixed use districts established, RCX (residential-commercial mixed) and MCX (industrial- commercial mixed); adds FA (family agricultural), project districts, and "Agricultural project districts"; major revisions to General Development Regulations; changes requirements before dwelling unit can be constructed; major revisions to bed and breakfast regulations; amends where real estate offices can be located; provides height exemption in A and FA districts for structures up to 100 feet; new section addresses pools; changes number of parking units required for commercial and resort structures; changes where mortuaries, cemeteries and mausoleums permitted; allows major outdoor and recreation facilities with use permit in residential districts; changes where golf course driving ranges allowed; numerous other amendments proposed. Bi11250 (Draft 9) The changes made between Draft 4 and Draft 8 are reflected in our Ramseyer: new Draft 9 (revised for typographical and grammatical errors). The changes are not limited to the following items or subject areas: deletes term "persons" from definition of density; reinstates number of unrelated persons in a family from eight to five; drops PC-5 Page 7 March 5, 1999 definition of "resort ranch"; deletes item "c" in definition of kitchen; meeting facility must be for non-profit use; deletes definition of transient vacation unit; reinstates section 25-2-7; establishes a 60-day review period of commission to review director initiated amendment; cinder cone excavation deleted; golf courses and related golf course use transferred to use permit; telecommunication antennas and towers use transferred to use permit; if commission fails to render a decision within 90 days, approval of a use permit could occur only if no written objections are received; amended home occupations section; amends plan approval section; amends pazking sections; etc. For a more complete detailed explanation of what the bill is proposing, see the description in Draft 4. NEW BUSINESS/STATEMENTS FROM THE PUBLIC/ADJOURNMENT The meeting place is accessible for persons with physical disabilities. Persons who need special accommodations to attend this meeting should call 961-8245 by March 3, 1999. Persons using TDDs may call 961-8521. (Copies of this agenda and the communications aze posted and filed at the County Clerk's Office, 25 Aupuni St., Hilo; the Office of the Mayor, 75-5706 Kuakini Highway, Suite 103, Kailua-Kona; and the Kona Councilmembers' Office, 77-6399 Nalani St., Suite 104, Kailua-Kona. For further information, please ca11961-8245. Those wishing to testify, please register with the County Clerk's staff prior to the convening of the meeting. If possible, submit fifteen (15) written copies of testimony to staff prior to the convening of the meeting.) GOVERNMENT ACCESS TELEVISION: Channel 9 (Hilo) and Channel 12 (Kona) The Public Works & Parks Committee and the Finance Committee meetings can be seen on Tuesday, March 9 at 8:30 p.m. and Tuesday, March 16 at 8:30 p.m. The Human Services & Economic Development Committee and the Plazming Committee meetings can be seen on Thursday, March 11 at 8:30 p.m. and Thursday, March 18 at 8:30 p.m. All the above meetings will be aired on Sunday, March 14 at 9 a.m.