Loading...
HomeMy WebLinkAboutREP PWIRC 052 06/18/2002 2000-2002 REPORT OF THE COMMITTEE ON PUBLIC WORKS & INTERGOVERNMENTAL RELATIONS DATE: June 18, 2002 RE: Communication No. 635/Bill No. 222 PLACE: Councilroom TIME: 9:04 a.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Public Works and Intergovernmental Relations, to which was referred Communication No. 635, and attached Bill No. 222, reports as follows: The purpose of Bill No. 222 is to amend Chapter 5-1,0,2,a. of the Hawaii County Code 1983 (1995 Edition), relating to the application of the Uniform Building Code to existing Building Structures. Communication No. 635 is from Councilmember Aaron S.Y. Chung, dated May 6, 2002, transmitting Bill No. 222, for the Council's review and consideration. C ommunication No. 635 explains that Bill No. 222 amends the existing Building Code by allowing a multiple family building as an exception to the non-conforming section of the code when the non-conforming situation is the consequence of an amendment to the general plan and associated zoning. The letter also identifies Bill No. 157, which was referred to the Council's Committee on Planning, as a companion bill to this measure. At the Committee meeting, it was reported that in the early 1980's the County of Hawaii, aiming to prevent a proliferation of developments along the Keaukaha coastline, converted real estate parcels that were classifiied as resort and multi-family properties to single family residential designations. Three existing apartment complexes located in the Leleiwi area were included in this down zoning action. Due to this change, if destroyed, the reconstruction of these three apartment structures back to their current size and density is now prohibited. Area residents, recognizing the need to preserve both property rights and the Keaukaha coastline desired another alternative. This legislation is a product of their efforts and is viewed as a suitable compromise because it only allows for the reconstruction of structures that have been effected by general plan or zoning changes. Furthermore, other than an exception to density limits, all other building code regulations including tsunami and seismic provisions would be abided by during reconstruction activities. During Committee discussion, in addition the above information, Councilmember Aaron Chung, Councilmember Bobby Jean Leithead-Todd and Mr. Stanley Tamura, Building Division Chief, Public Works Department, also provided background information about the legislation and fielded other questions about the history, intent and impact of the bill. PW&IRC-52 PW&IRC- 52 -2- June 18, 2002 Your Committee voted to amend Bill 222 with the following: I. SECTION I . The purpose of this measure is to allow amultiple-family building, when the non-conforming situation is the consequence of an amendment to the general plan and associated zoning and if the applicable zoning would permit construction of a single- familyresidence, to be repaired or reconstructed, in the event of a catastrophic destruction to its as-built density and height as an exception to the Building Code, provided the repair or reconstruction otherwise complies with current Building Code regulations. 2. (3) Amultiple-family building, when the non-conforming situation is the consequence of an amendment to the general plan and associated zoning and the applicable zoning would permit construction of asingle-family residence, may be repaired or reconstructed to its as-built density and height, provided the repair or reconstruction otherwise complies with the current Building Code. Councilmember J. Curtis Tyler, [II voted Kanalua "yes" and Councilmember Julie Jacbson voted against the measure. Your Committee is in accordance with the purpose and intent of Bill No. 222, as amended to Draft 2, and recommends that it pass first reading. ctd AYES NOES A&F, EX Respectfully submitted, ARAKAKI X COMMITTEE ON PUBLIC WORKS & C}IUNG Y INTERGOVERNMENTAL RELATIONS ELARIONOEF X JACOBSON X - ~ LEIT}{EAD-TODD X L ng ad Elari off, C AI PISICCHIO X 52 SAFAR[K X PW&IRC' REPORT NO. rYI.ER x ADOPTED: JUL 0 3 ZD~ ~~nc;oN~ x