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HomeMy WebLinkAboutCOM 0632.023 2000-2002 Tsukazaki Yeh & Moore R. BEN TSUKAZAKI ATTORNEYS AT LAW rbt@lava.nei A Limi[ed Liability Law Company THOMAS L.H. YEH tly@lava.nei MICHAEL W. MOORE 85 W. Lanikaula Street Hilo, Hawaii 96720 mmoore@lava.nei Telephone: (808) 961-0055 FAX (808) 969-1531 August 14, 2002 Hawaii County Council 25 Aupuni Street, Room 209 Hilo, Hawaii 96720 Re: Bill No. 220/Amends Chapter 23 (Subdivision Code) of the Hawaii County Code, Relatin to Condominium Pro a Re imes Dear Chairman Arakaki and Council Members: This is to offer comments on the proposed bill Our firm had previously submitted comments at the Planning Commission level on an earlier draft. A copy of those comments are attached hereto. I sec this bill as a questionable approach in approaching which is basically a land use issue. I have recently received a copy of correspondence from the Real Estate Commission that raises, among other things, the issue of whether the County is preempted from passing laws which may frustrate the legislative interest behind the state's law. I believe this is a serious issue that should be examined before final action is taken. There are individuals and families that potentially would be harmed by passage of a CPR bill that later proves to be invalid. Thank you for this opportunity to provide this testimony. Very truly yours, TSUKAZAKI YEH & MOORE, A Limited Liability Law Company t R. BEN TSU AKI RBTar C®>. Id®a • FtI~ ~~f. Tate ~U~i ~ ~ `1'sukaZakl Yeh & Moore R. BEN TSUxAZA1C1 AT'PQRNEYS AT LAW ebt@lava.net THOMAS L.H. YEH A L[mited Liability Law Company tly @ lava. net MICHAEL W. MOORE 85 W. Lanikaula Street Hilo, Hawaii 96720 Telephone: (808) 961-0055 FAX (808) 969-1531 mmoore@lava.net April 5, 2002 Planning Commission County of Hawaii 25 Aupuni Street 1-lilo, Hawaii 96720 Re: Com~sacnts on I'lannin~ director Initiated ~4ction Ainendsasent to Chapter 23 (S'ubdivision Coded Relating to Condotniniun~ ~'roperty ~dc~inae (C~'R); Draft ~ Dear Chairperson Giffin and Members of the Commission: Thank you for this opportunity to provide comments on the proposed bill that would require the approval of a CPR application involving any CPR and the imposition of certain infrastructure requirements as a condition of such approval. C)ur comments are prefaced with the representation that our law firm does not file CPR applications, and also shares soffie concerns with how CPRs may eventually be used. nevertheless, we are conoerned that in attempting to deal with perceived problems, the proposal will also impact upon previously approved developments that have not only been permitted. but also encouraged by the County in the past, and which continue to be recognized as appropriate land uses. Instead of enacting an ordinance that would unduly affect those recognized policies, we suggest that the County instead review existing standards f®r certain developments and adjust the conditions for approval in those circumstances. Alternatively, it should specifically address the perceived abuses rather than prohibit or unduly limit all forms of CPRs-with a broad sweep. CPli Is Lorin of ®wncrship ~e~aalatio~a, Not a Land Use Vehiele Before commenting upon the specifics of the proposed ordinance, we wish to echo the comments that were made by the Real Estate Commission, which make clear that the CPR law is a land ownership law which allows persons to own or hold title to specific apartments and to undivided interests in the land as tenants in corrimon with other apartment owners. The CPR law is not a land use law and does not involve the subdivision of land. A CPR does not allow a property owner to use land in a way that is inconsistent with 'Fsukazaki Yeh & Moore ATTORNEYS AC LAW A Limited Liability Law Company Planning Commission County of Hawaii April 5, 2002 Page 2 County zoning laws. As will be made more clear, this distinction is important in discerning how the issue of ownership has been confused with the issue of development density, and how the Planning Department's proposed approach for dealing with the perceived problem will conflict with long standing policies of the County relating to land use. Stated Purpose of Proposed Ordinance Not Consistent 3~'ith Ctcrrent Polis°ies and the Prot~osed Ordinance ds Proader Than Nece~sar~ The purpose of the ordinance is to control density, and to require that in the CPR process, infrastra~cture requirements may be imposed. The proposed ordinance attempts to deal with abuses such as tool shed condominiums along with the use of the CPR process to create units that constitute de facto subdivisions which involve less than the minimum building site area for each unit or apartment. While the proposed ordinance does require that minimum building site areas be established, the perceived abuses that it purports to deal with are not clearly addressed, and the ordinance goes much further than the abuses it is intended to curb.. The proposed ordinance would adversely impact upon a variety of land uses that are not only allowed but in fact encouraged by the County. From policy standpoint, the County has recognized that additional density may be allowed without improvements typical of subdivision standards. Thus, the ~,oning Code, Chapter 25, provides that within the RS district, there may be more than one single- family dwelling on each building site in an RS district, so long as the required minimum building site area for each dwelling is maintained, Section 25- 5- 8 (attached as F?xhibit "A") Furthermore, an Ghana dwelling maybe located on any building site and basic infrastructure requirements are imposed for such dwellings. Such Ghana dwellings are permitted on any building site within the RS, RA, FA and A districts. The ®hana dwelling permit is only issued when public facilities have been determined to be adequate to serve the ®hana Dwelling unit, including sewage disposal, potable water supply, fire protection and streets. The Qhana dwelling and the first single- family dwelling unit may be permitted on the same building site, regardless of its size, so long as the minimum building site area is 10,000 square feet. Thus, except for the 10,000 square foot Tsukazaki Yeh & Moore ATTORNEYS AT LAW A Limited Liability Law Company Planning Commission County of Hawaii April 5, 2002 Page 3 requirement, the minimum building site requirements do not apply. Sections 25-6-30, 25-6-33 and 25-6-35 (exhibit "E3") Another example of when certain density approved on a building site may exceed the standard density for a building site area include the ability to have additional farm dwellings on a piece of agriculturally zoned property where the dwelling is used for farm dwelling purposes. Leases exceeding one year, another form of individual ownership, are also recognized. In addition, an ohana dwelling unit may be located on a building site in the A District (Section 25-5-77, )?xhibit "C"). Whip; Section 23A-19 of the proposed ordinance proposes that planned unit development and cluster planned development standards supersede the standards of the proposed ordinance, such an exemption is not being recognized in the proposed ordinance for ohana dwellings, farm dwellings, or dwellings constructed on a RS zoned iot which comply with the minimum building site area requirements for the property. Those situations also do not r~uire full compliance with subdivision standards. if the owner of such property wanted to CPR the dwellings on such property, they could be prohibited or discouraged from doing. so on the basis of the proposed ordinance, despite being allowed to construct the dwellings pursuant to the Zoning Code. This is where the confusion between land ownership and land use described above would affect the owner in a manner that was not intended. In other words, if the County has already expressed the policy of allowing certain densities to occur which result in the construction of dwellings in a manner which exceed the minimum building site area with an approved level of infrastructure, the proposed CPR ordinance would frustrate that policy and purpose. Qnce the improvement is allowed, the land owner should have a right to convey the dwellings to separate owners under the CPR process. 7'he CPR d'r®cess ~a~s ~ene~cial r~ttr~ibutes ®f ®svne~°sha~ The CPR process has a number of beneficial attributes that do not appear to have been recognized thus far. As indicated, the CPR process involves the issue of ownership and not density. There are a variety of circumstances under which the CPR process has worked with the existing zoning law to allow persons to own, purchase and/or fund the acquisition of a dwelling where they would otherwise not be able to afford such ownership, including: Tsukazaki Yeh & Moore ATTORNEYS AT LAW A Limited Liability Law Company Planning Commission County of Hawaii Apri15, 2002 Page 4 1. Where a family or related group owns property and wants to retain the land, yet allow family members to reside on and/or work the land, the CPR process allows individual ownership of the dwelling, and for the individual to fund the acquisition or construction with a separate mortgage. 2. Where a retiree has sufficient equity to build an ohana and wants to generate income from a lease of the facility or even a sale of one dwelling, but does not have the funds to develop a separate property. 3. For estate planning purposes to avoid disputes, the property is CPRd in order to be able to distribute property in equal shares. 4. I have personally seen the CPR process used where a divorce occurs, and there is another home for the parents of one of the spouses, or two homes on the land that have received appropriate ohana or farm dwelling permits. Rec®~a~aaendati®~ Rather than take a shotgun approach and create a blanket prohibition or an explosive time-consurr~ing process whereby CPRs are treated as subdivisions, thus creating unnecessary impediments to valid forms of ownership, the County should carefully analyze exactly what evils it is trying to eliminate and specifically address only those problems. ~ We believe that there are other remedies that would be more consistent with existing zoning provisions and provide for more fairness and flexibility to property owners. Thank you for allowing me the time to address these issues. We hope they are of some help in the analysis of the proposal. Very truly yours, TSUKAZAKI H 1VlOORE By TH AS L.H. YEH Encls. TLHY:db ZONING § 25-5-7 Section 25-5-7. Minianunc yards. The minimum yards in the RS district shall be as follows: (1) On a building site with a required area of seven thousand five hundred square feet to and including nine thousand nine hundred ninety-nine square feet: (A) Front and rear yards, fifteen feet; and (B) Side yards, eight feet for gone-story building, and ten feet for atwo-story building. (2) On a building site with a required area of ten thousand square feet to and including nineteen thousand nine hundred ninety-nine square feet: (A) Front and rear yards, twenty feet; and (B) Side yards, ten feet for cone-story building, plus one additional foot for each additional story. (3) On a building site with a required area of twenty thousand square feet or more: (A) Front and rear yards, twenty-five feet; and (B) Side yards, fifteen feet. (1996, Ord. 1\To. 96-160, sec. 2.) Section 25-5-5. ®tiaer r~aalations. (a) There may be more than one single-fancily dwelling on each building site in an Its district provided there is not less than the required minimum building site area for each dwelling. (b) One guest house, in addition to asingle-fancily dwelling, may be located on any building site in the RS district. (c) An ohana dwelling may be located on any building site; in the RS district, as permitted under article 6, davision 3 of this chapter. (d) 1<f a legal building site in the Its district has less area or average width than is required, then the yard requirements far the building site shall be the same as in the Its district having the largest requirements far which the building site can comply. (e) 1~xceptians to flee regulations for flee Its district regard"ang heights, building sits areas, building site average widths and yards, may be approved by the director within a planned unit development, or cluster plan development. (1996, Ord. No. 96-160, sec. 2.) Division 2. RR1D, Rouble-IF`aaeaaiy Residential listricts. Section 25-5-20. seed applicability. The RD (double-family residential) district provides for moderate density use chyracterized by the establishment of single ar double-family dwellings on each building site. It applies to areas with developed community facilities. It may occupy a transitional area between RS districts and those districts having a moac intense use of land. (1996, Ord. lmlo. 96-160, sec. 2.) Section 25-5-21. Designation and decisity of litD districts. Face RD (double-family residential district) shall be designated on the zoning map by the symbol "RD" followed by the number "3.75" which requires that the minimum land area for each dwelling unit shall be three thousand seven hundred fifty square feet. (1996, Ord. IVo. 96-160, sec. 2.) Section 25-5-22. I'erinitted uses. (a) The following uses shall be permitted in the RD district: (1) Adult day care homes. (2) Bed and breakfast establishments as permitted under section 25-4-7. 25-57 (Hawaii County 5-1-98) ICI I'~ Zorm~c § 25-6-25 areas with tree cover, land along usable shoreline areas, and low land along streams or areas of rough terrain where such areas are extensive and have natural features worthy of preservation and are usable for normal recreational pursuits. (b) The method of maintenance of common land for open space or recreational use shall be approved by the director. (1996, Ord. No. 96-160, sec. 2.) Section 25~6~26. Appeal of a C.P.D. decision. Within thirty days after the date of the director's written decision regarding a C.P.D., any person aggrieved by the decision may appeal the director's action to the board of appeals in accordance with this chapter. (1996, Ord. No. 96-160, sec. 2.) Division 3. ®lrana isvellings. Section 253®. General provisions, applicalaility. Ghana dwellings shall be permitted on a building site within the 1~S,12A, FA and A districts; provided that: (a) The building site is a legal lot of record as detereyained by the director; (b) Any building site which is within the State land use agricultural district shall be subge~t to agricultural requirements for farm dwellings as established by ordanance or by rule of the director, adopted pursuant to chapter 91, Hawaii Devised Statutes; (c) All applicable provisions of this chapter are met, including but not limited to, height limits, minimum yards and parking; and (d) `I1ae following public facilities are adequate to serve the ohana dwelling unite (1) Sewage Disposal System. The building site shall be served by a publac or private sewage disposal systetrt. An adequate public sewage disposal system shall gneet with the requirements of the department of public works and an adequate private sewage disposal system, cesspool or septic tank shalt meet with the requirements of the State department of health. (2) Potable dater Supply. The building site shall be served by an approved public or private water systerra rraeeting with the requirements of the department off water supply which system can accommodate the ohana dwelling and the main dwelling unit. An ohana dwelling that is not served by an approved public or private water system may use a water catchrtient system provided that the director determines that there is sufficient annual rainfall in the area to accommodate a water catchment system and water catchment system meets the requirements of the department of health and the department of water supply. (3) Fine Protection. The building site shall be served by adequate fire protection measures meeting with the requirements of the fiat, department. (4) Streets. The building site shall gain access to a public or private street meeting with the requirements of the department of public works. (1996, Ord. No. 96-160, sec. 2.) Section 25-631. Eligibility f®r ohana dmvelling pernrite (a) An application for an ohana dwelling permit on any building site shall only be accepted by the director after the completion of all subdivision improvements required by chapter 23 (subdivisions), for the SubdiVlSHOn in Which the building site is located. FOr purposes ®f this Subsection, "completion" means the construction of all of the subdivision improvements including the subdivision roads, drainage, water, and if applicable, wastewater systems, in accordance with approved construction plans, which improvements have been completed to the satisfaction of the chief engineer. 25-99 (HawaiS County 5-1-98) ICI T § 25-6-31 I-€AwAU CouNrY CODE (b) Only one permit application for an ohana dwelling unit may be active for any one applicant at any time. Any applicant who has obtained an ohana dwelling pem~it shall not be eligible or apply for a subsequent ohana dwelling permit on any building site for a period of two years from the date on which the first ohana dwelling unit was completed to the satisfaction of the chief engineer. For purposes of this subsection, each titleholder and person named in an application for an ohana dwelling permit, pursuant to section 25-6-39(a)(2), shall be considered the applicant. The director shall maintain and keep readily available for public reference a current list of applicants foe ohana dwelling units, including the dates of application and approval or denial. (1996, Ord. No. 96-160, sec. 2.) Section 25-6-32. Prohibited areas. Ghana dwelling units shall be prohibited in the following areas: (a) Any building site within the State Land use conservation district; (b) Any building site developed under an affordable housing project .approved by the State housing finance and development corporation (1~DC) and/or the County housing agency which has been granted pre- - emptions from the requirements of this Code; (c) Any building site developed as a planned unit development (1'.U.I~ J or a cluster plan development (d) Any bualdang site where more than one dwelling unit is permitted in the zoning district, including building sites that peranit more than one dwelling unit in the RS district, building sites with duplex and iYiultiple-family dwellings, care homes, family childcare homes, group living facilities, and single-family dwellings which are transient vacation units; (e) Any building site which is the subject of an approved variance from the provisions of this chapter or chapter 23 (subdivisions); (f) Any building site on which the construction of an ohana dwelling or a second dwelling unit is specifically prohibited by a change of zone ordinance. . (1996, Ord.1~To. 96-160, sec. 2.) 'ori 25-5-33, '®n ®f the ohm dwelling unit. (a) Regardless of the size of a bualduig site, not more than one ohana dwelling unit shall be permitted on the same building site with the filet single-family dwelling unit. (b) The director nay designate an existing, first single-family dwelling unit as an ohana dwelling unit in order to allow permitting of a new first single-family dwelling unit when such existing dwelling is the only dwelling unit on the building site seed the dwelling unit complies or wall be ittodafied to comply watli all the requirements of this division. (1996, Ord. No. 96-160, sec. 2.) S~taon 25-6-34. Il(eigtlit lianit. Except when the living areas of the ohana dwelling unit and the first dwelling unit are joined by a common wall, floor, or ceiling, the height limit for an ohana dwelling unit shall be twenty-five feet, regardless of whether a greater height limit is provided for the zoning distract. (1996, Ord. No. 96-160, sec. 2.) . 3ectiori 25-6-35. 1\Rinimuafla building site area seed yards. (a) The minimum building site area for a building site containing both the first dwelling and the ohana dwelling unit shall be ten thousand square feet. (b) 'I he minimum front, rear, and lade yard requirements for a detached ohana dwelling unit shall be the minimum yard requirements for the zoning district in which the building site is situated plus an additional five feet. cH~~;; c~n~y s-~-9s> 25-100 ZONING § 25-6-35 (c) An ohana dwelling unit and asingle-family dwelling unit may be constructed as a duplex (i.e., there is a common wall or floor/ceiling). (1996, Ord. No. 96-160, sec. 2.) Section 25-6m35. Guest h®uses. A guest house, as described in section 25-4-9, shall not be permitted on any building site where an ohana dwelling unit has been permitted or constructed. If an existing guest house is situated on a building site, an ohana dwelling unit shall not also be permitted on the building site. Provided, that an existing guest house may be converted into an ohana dwelling unit in accordance with the requirements of this division. (1996, Ord. No. 96-160, sec. 2.) Sects®n 25-5-37. ®ff-stmt parking spaces. The number of parking spaces for an ohana dwelling unit shall be as provided under section 25-4-51. (1996, Ord. No. 96-160, sec. 2.) Sects®n 25-6=35. Variances prohibited, No variance from either this chapter or chapter 23 (subdivisions), shall be granted to permit the construction or placement of an ohana dwelling unit on a building site. In addition, an ohana dwelling unit shall not be permitted on a building site for which a variance from either this 'chapter or chapter 23 (subdivisions), has already been granted. (1996, Ord. No. 96-160, sec. 2.) Semi®mm 2539. Applicati®n for ®hana d~velliaag pewit; reaguireueents. (a) An application for an ohana dwelling permit shall be filed with the director on a form prescribed for this purpose by the director, and shall be accompanied by: (1) A filing fee of $25; (B) The names and addresses of all the owners of the building site, provided that when the property is owned by a corporation, association, par9nership or trust, the amines and addresses of all partners, director, offficers, shareholders or beneficiaries hoidens an ownership or beneficial interest of at least ten snore percent shall be included; and (3) An affidavit, in the form prescribed by the director, verifying that there is no restriction or covenant applicable to the building site, contained in any deed, lease, or other recorded document, which prohibits the construction or placement of an ohana dwelling or a second dwelling unit on the building site. (b) The applicant shall serve notice of the ohana dwelling permit application on surrounding owners and lessees of record as provided by section 25-2-4. `1~lie applicant shall also serve notice on all owners of the property identified in the application who did not execute the application, and any known association of property owners which has ,jurisdiction or authority over the subdivision in vahich the building site is situated. Proof of service of the notice, in the manner provided under section 25-2-4, shall be submitted together with the ohana dwelling permit application. (1996, Ord. No. 96-160, sec. 2.) Secti®ai 25-6-39.1. Actioai on ®liana dwelling peranito (a) Upon acceptance of ari ohana dwelling permit application, the director shall forward the application to appropriate agencies for review and comment on the adequacy of those infrastructure facilities required for the ohana dwelling unit, under section 25-6-30. (b) Within a period of at least thirty days but not more than sixty days after acceptance of an ohana dwelling permit application, the director shall either approve or deny the application. 25_101 (Hawaii County S-I-98) ZAN~tc § 25-5-73 however, permit by plan approval, any nonresidential agricultural structures to be constructed to a height of one hundred feet, if the director determines that the additional height above the forty-five foot height limit is necessary. (1996, Ord. No. 96-160, sec. 2.) Sects®n 25-5-74. l~anaraaaaaat bualdaaag sate nrea, °The minimum building site area an the A district shall be five acaes. (1996, Ord. No. 96-160, sec. 2.) Sectaoaa ?5-5-75. urea btael sate average width. Each building site in the A district shall have a minimum average width of two hundr~ feet for the first five acres of required area plus twenty feet for each additional acre of requai~ area. l<'i~ovaded that no building site shall be requia~d to have an average width greater than one thousand feet. (1996, Ord. No. 96-160, sec. 2.) Secti®aa ~5-5-76. elan yards. (a) Except as otherwise provided in this section, the aninitaauin yards in the A district shall be thirty feet for front and rear yards, and twenty feet for side yards. (b) Eor accessory rases such as saran shade and satnilar fabric shade structures used an controlling amount of sunlight in the raising of plants and flowers, side and front yards an the A district shall be at Ieast ten feet, except where the A district shaves common boundaries with urban zones and main government roads. (c) Eor accessory uses such as plastic roofed and saran shade wooden or metal fgatned structures used an controlling the amount of stnlight, rainfall, wind.-and other elements of nature iti flee wising of fruits, vegetables and similar total pa~dttcts, side and front yards shall be at least ten feet except where: (1) Exterior walls of any type other than saran ate added to the wooden or metal structure; (2) `Ties specaf`ic rase allowed is oned; and (3) tae A district shams common boundaries with urban zones grad main governinent roads. (1996, Ord, No. 96-160, sce. 2.) Sectaoaa ~5-~ Other '®ns. (a) If stay Iegal building site in the A distract h,as an aroa of Less there five acres, theta the yard, iaainimurn building sits average widda and height geq ' is for the building site shall be the earns as the yard and height regaaireraaents in the laA dis~ict. (b) Ogee single-famaly dwelling or one farra~ dvvelltng shall be peraaaatted ®n any btaalding site in the A district. A ferns dwelling is a sangl~-fatBaily dwellitg fleet as ®n or tas®d an connectt®n with a farm Or of the agricultural activity pr+avides income to the fa~analy occttpyatag the dwelling. (c) Additional fariYa dw~llitags anay be eta the A district only upon the following condataons: (1) A farm dwelling naent for each additaoiaal farm dwelling, on a form piepared by the director, shalt be executed between the owner off the building site, any lessee having a lease on the bualdang site with a term exceeding one year from the date of the faun dwelling agi~ement, and the County. Z'lae agi~einent shall require the dwelling to be used for faun-related purposes. (2) `The applicant shall submit an agricultural- development and use progiain, farm plan or other evidence of the applicant's continual agricultural productivity or farming operation within the County to the director. Sueh plan shall also show how the farm dwelling will be utilized for farm- related purposes. (d) An ohana dwelling may be located on any bualdang sate in the A distract, as permitted under article 6, division 3 of this chapter. ~_'71 (Hawaii Cooney 5-1-9fi) „ C § 25-5-77 1-~?wAII CouNTSr CODE (e) Exceptions to the regulations for the A district regarding heights, building site areas, building site average widths and yards, may be approved by the director within a planned unit development. (1996, Ord. No. 96-160, sec. 2.) Division 8. IA, Intensive Agricultural Districts. Secti®n 25-5-80. ~'P®se ~aad applacabality. The IA (intensive agricultural) district provides for the preservation of important agricultural lands as provided for in the general plan and characterized by a mix of small and large scale commercial farms and other agricultural operations which may include residential use in the form of farm dwellings closely tied to intensive agricultural use. The lands in the IA district are those lands which have the soil, quality, growing season, and moisture supply needed to sustain high yields of crops generally or of specific crops of statewide or local importance when managed according to modem farming methods. All IA districts shall be located within the State land use agricultural or conservation district. (l 996, Ord. No. 96- i 60, sec. 2.) Seetion 25-5-81. Desi~ati®n ®f IA districts. The IA (intensive agricultural) district shall be designated by the symbol "IA" followed by a number together with the lower case letter "a" which indicates the required or minimum number of acres for each building site. (1996, Ord. No. 96-160, sec. 2.) Secti®n 25-5-82, I'er~aaitted uses. (a) The following uses shall be permitted in the IA district: (1) Agricultural parks. (2) Agricultural products processing, major and minor. (3) Aquaculture. (4) Cemeteries, as permitted under chapter 6, article 1 of this Code. (5) Crop production. (6) Farm dwellings, as permitted under section 25-5-87(b) and (c). (7) ]Forestry. (8) Livestock production, provided that piggeries, apiaries and pen feeding of livestock shall not be closer than one thousand feet to any major road or to any district other than the A district on building sites approved by the State department of health and the director. (9) Public uses and structures which are necessary for agricultural practices. (10) Telecommunication antennas, as permitted under section 24-4-12. (1l) Utility substations, as permitted under section 25-4-11. (b) The following uses may be permitted in the IA districts, provided that a special permit is obtained for such use: (1) Crematoriums. (2) Churches. (3) Community buildings as permitted under section 25-4-11. (4) Day care centers. (5) Hospitals. (6) Public uses and structures, other than those necessary for agricultural purposes, as permitted under section 25-4-11. (7) Uses other than those specifically listed in this section, which meet the standards for a special permit under chapter 205, Hawaii Revised Statutes. (Hawaii Counay 5-I-98) 25-72