HomeMy WebLinkAboutCOM 0348.005 2002-2004 4oy<v os y,~
Harry Kim „ _ Christopher J. Yuen
Mayor
Dirrrror
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1rf o~•Hj,:d
Roy R. Takemoto
Deputy Direclnr
~[t1lYT~~i p'~ ~KEU tTtt
PLANNING DEPARTMENT
l01 Fauahi Street, Suite 3 Hilo, Hawaii 96720-3043 RLtfj~C~ ry
(808)961-8288 Fax (808)961-8742
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July 21, 2003 ~°pe~_ Caunty Coundl n
Ala Loop Homeowners
P.O. Boxes
Hilo, HI 96720
Dear Representative of Ala Loop Homeowners:
SUBJECT: Inquiry Regarding Charter School on Ala Loop
TMK: 1-7-008:003 Olaa Reservation Lots. Puua, Hawaii
We have received your letter dated July 11, 2003 regarding the Waters of Life Charter
School in escrow to purchase the old Sunshine Farm property on Ala Loop.
The Planning Department has received numerous inquiries regarding the operation of
charter schools within the State Land Use Agricultural District in regards to H.R.S.
§302A-1184, which exempts charter schools from state laws, except those relating to
health and safety, and a few other exceptions. Based on this law and a legal opinion
received from the County Corporation Counsel, we are exempting charter schools from
state land use laws not expressly related to health and safety.
The major effect of this exemption is that charter schools located in the State Land Use
Agricultural District do not have to obtain special permits. Normally, a school in the
agricultural district would need a special permit with a process that requires notice to
neazby landowners and a public hearing.
Charter school facilities may need other approvals and permits, including those related to
building, fire, and sanitation.
The law exempting the charter schools is open to interpretation and the courts have the
final say. You, as homeowners concerned about the traffic impacts this operation may
have on your community, have the right to take this matter to court to have a judge decide
if this charter school needs a special permit.
Comm. l~o,g.s
Ref. Ta,~C
Ref. Unto
Ala Loop Homeowners
Page 2
July 21, 2003
If you have any questions, please feel free to contact Jeff Darrow at 961-8288.
Sincerely,
~y ~
CHRISTOPHER J. EN
Planning Director
JWD:pak
p:wpwin60\jcCt\leflers\LAIaLoop-CharterSchool.doc
cc: Mayor Harry Kim
Ms. Dixie Kaetsu, Managing Director
Mr. Andy Levin, Executive Assistant
Mr. James Arakaki, County Councilman
Mr. Lincoln Ashida, Corporation Counsel
Planning Commission Section
[§302A-1184] New century charter schools; exemptions. Schools desig-
nated as new century chnrter schools shall be exempt from all applicable state laws,
except those regarding:
(t) Collective bargaining under chapter 89; provided that:
(A) The exclusive representatives defined in chapter 89 may enter into
agreements thaC contain cast and noncost items to facilitate decen-
tralized decisionmaking;
(B) The exclusive representatives and the local school board of the new
century charter school may enter into agreements that contain cost
and noncost items;
(C) The agreements shall be funded from the current allocation or other
sources of revenue received by the new century charter school; and
(D) These agreements may differ from the master contracts;
(2) Discriminatory practices under section 378-2; and
(3) Health and safety requirements.
New century charter schools shall be exempt from the state procurement code,
chapter 103D, but shall develop internal policies and procedures for the procurement
of goods, services, and construction, consistent with the goals of public accountabil-
~ ity and public procurement practices. However, where possible, the new century
~ charter school is encouraged to use the provisions of chapter 103D; provided that the
use of one or more provisions of chapter 103D shall not constitute a waiver of the
exemption of chapter 103D and shall not subject the new century charter school to
any other provision of chapter 103D. New century charter schools shall account for
Funds expended for the procurement of goods and services, and this accounting shall
be available to the public. [L 1999, c 62, pt of §2J
ZONING § 25-1-1
Article 1. General Provisions.
Section 25-1-1. Title.
The provisions of this chapter, inclusive of any amendments, shall be known as the Zoning Code.
(1996, Ord. No. 96-160, sec. 2; ratified Apri16, 1999.)
Section 25-1-2. Scope, purposes and applicability.
(a) This chapter shall be applied and administered within the framework of the general plan which is a long-
range, comprehensive, general plan prepared to guide the overall future development of the County.
(b) For the purpose of promoting health, safety, morals, or the general welfare of the County, this chapter
regulates and restricts the height, size of buildings, and other structures, the percentage of a building site
that may be occupied, off-street parking, setbacks, size of yards, courts, and other open spaces, the
density of population, and the location and use of buildings, strucdues, and land for trade, industry,
residence, or other purposes. Should any conflict between this chapter and other parts of the Code exist,
this chapter shall prevail.
(1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.)
Section 25-1-3. Severabr'h'ty.
If any portion of this chapter, or its application to any person or circumstance, shall be held
unconstitutional or invalid because it violates any provision of the County charter or for any other reason, the
remainder of the chapter and the application of such portion to other persons or circumstances shall not be
affected thereby.
(1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999)
Section 25-1-4. Adoption of rules.
The director and the commission may, as appropriate, each adopt rules, in accordance with chapter 91,
Hawan Revised Statutes, for the purpose of implementing the provisions of this chapter.
(1996, Ord. No. 96-160, sx. 2; ratified and amended Apri16, 1999)
Section 25-1-5. I)efinitioas.
(a) Building construction and development terms that are not defined in this chapter shall be given their
respective definitions as found in flee Building Code (chapter 5).
(b) The following words and phrases, unless the context otherwise requires, are defined as follows:
(1) "Accessory building" means a building, no more than twenty feet in height, detached from and
subordinate to a main building or main use on the same building site and used for the purposes
customarily incidental to those of the main building or use.
(2) "Accessory use" means a use which is customarily associated with and subordinate to the main or
principal use and which is located on the same building site as the main or principal use.
(3) "Adult day care home" means a private residence, approved by the state, providing supportive and
protective care, without overnight accommodations, to a limited number of adult disabled or aged
persons. The term shall not include day care centers for elderly, disabled and aged persons as
defined by chapter 346, part IV, Hawaii Revised Statutes, as amended.
(4) "Agricultural products processing, major" means activities involving a variety of operations on
crops or livestock which may generate dust, noise, odors, pollutants or visual impacts that could
adversely affect adjacent properties. These uses include, but are not limited to, slaughterhouses,
mills, refineries, canneries and milk processing plants.
(S) "Agricultural products processing, minor" means activities used for crop production, which are not
regulated as major agricultural products processing and which involve a variety of operations on
crops after harvest to prepare them for market, or further processing and packaging at a distance
25-11 0~~~ car 6~-0U
7ANwG § 25-2-55
/`aj, (e) The commission shall provide notice by publication of the public hearing in accordance with the
provisions of this chapter.
(f) Within ninety days of its decision to hold a public hearing on the matter, or within a longer period as
may be agreed to by the applicant, the commission shall either deny the variance application or approve
it subject to conditions, stating the factual findings supporting the variance denial or approval. If the
commission fails to render a decision within the prescribed time, the director's action shall be considered
as having been affirmed.
(1996, Ord. No: 96-160, sec. 2.)
Section 25-2-56. Appeal of director's action by applicant.
(a) If the director denies a variance application, such decision is final except that, within thirty days after
the date of the written decision, the applicant may appeal such action to the commission.
(b) An appeal by an applicant to the commission shall be submitted in writing to the commission on a form
prescribed by the commission and shall be accompanied by:
(1) A nonrefundable filing fee of $250; and
(2) Ten copies of a statement of the specific grounds for the appeal.
(c) The commission shall provide notice by publication of the public hearing in accordance with the
provisions of this chapter.
(d) The commission shall provide written notice of the public hearing, at least ten days prior to the hearing,
to persons who had submitted timely objections to the variance application before the director's action.
(e) The commission shall conduct a public heating within a period of sixty days from the date the written
appeal is accepted by the commission, unless that period is waived by the applicant. A contested case
hearing, as defined under chapter 91, Hawaii Revised Statutes, shall not be held by the commission on
any variance appeal.
• (f) Within ninety days after acceptance of an applicant's variance appeal, or within such longer period as
may be agreed to by the applicant, the commission shall affirm, modify, or reverse the director's action.
(g) All actions of the commission shall contain a statement of legal and factual bases for its decision in
accordance with the criteria contained in section 25-2-51 of this chapter.
(h) A decision to affirm, modify, or reverse the director's action shall require a majority vote of the total
membership of the commission. If the commission fails to render a decision to affirm, modify, or reverse
the director's action. within the prescribed period, the director's action shall be considered as having been
affirmed.
(1996, Ord. No. 96-160, sec. 2J
Section 25-2-57. Further appeal rights.
All actions of the commission are final except that, within thirty days after tbe date of the written
decision, any person aggrieved by the decision of the commission, may appeal such action to the board of
appeals in accordance with this chapter.
Division 6. Use Permits.
Section 25-2-60. Purpose.
Use permits are permits for certain permitted uses in caning districts which require special attention to
insure that the uses will neither unduly burden public agencies to provide public services nor cause substantial
adverse impacts upon the surrounding community.
(1996, Ord. No. 96-160, sec. 2.)
25-31 (Hawaii Canty 5-I-98)
§ 25-2-61 HAWAII COUNTY CODE
Section 25-2-61. Applicability; use permit required.
(a) The following uses may be permitted within designated County zoning districts only if a use permit is
obtained for the use from the commission:
(1) Bed and breakfast establishments in RS districts.
(2) Crematoriums in all districts.
(3) Churches, temples and synagogues, including meeting facilities for churches, temples, synagogues
and other such institutions, in RS, RD, RM, RA, FA and A districts; provided that a minimum
building site area of ten thousand square fcet is required within the RS, RD, RM, and RA districts.
(4) Day care centers in RS, RD, RM, RA, FA and A districts, provided that a minimum building site
area of ten thousand square feet shall be mquired within the RS, RD, RM, and RA districts.
(5) Golf courses and related golf course uses including golf driving ranges, goif maintenance buildings,
and golf club houses in the RS, RD, RM, RCX, RA, FA, A, V, CG, CV, and O districts.
(6) Hospitals, sanitariums, old age, convalescent, nursing and rest homes, and other similar uses
devoted to the care or treatment of the aged, the sick, or the infirm in the RS, RD, RM, RCX, RA,
FA, A, and V districts, provided that a minimum building site area of ten thousand square feet shall
be required within the RS, RD, RM, RCX and RA districts.
(7) Major outdoor amusement and recreation facilities in RS, RD, RM, RCX, RA, A, CN, CG, CV,
MCX, ML, MG and O districts.
(8) Mortuaries in RS, RD, RM, RCX, RA, FA and A districts.
(9) Schools in RS, RD, RM, RA, FA and A districts, provided that a minimum building site area of
ten thousand square feet shall be required within the RS, RD, RM, and RA districts.
(10) Telecommunication antennas and towers in RS, RD, RM, and RCX districts.
(11) Yacht harbors and boating facilities in the RS, RD, RM, RCX, RA, V, CG, CV, MCX, ML, MG
and O districts.
(12) Other unusual and reasonable uses which are not specifically permitted in any zoning district with
the approval of the director and the concurrence of the council by resolution.
(b) Any use which received an approval as a conditionally permitted use prior to September 25, 1984, or
which received prior approval through the use permit process, is considered a legal use of the affected
parcel and may be expanded or enlarged without obtaining another use permit, provided such expansion,
enlargement or addition is in full compliance with this chapter and the applicable district regulations.
(c) A use permit shall not be roquired for any use described in subsection (a) above, if a special permit is
obtained for that use, pursuant to section 205-6, Hawaii Revised Statutbs.
(1996. Ord. No. 96-160, sec. 2.)
Section 25-2-62. Application for use permit; requirements.
(a) An application for a use permit shall be made to the commission, in accordance with its rules, on a form
prescribed by the commission.
(b) The application shall be accompanied by:
(1) A filing fee of $250;
(2) A description of the property in sufficient detail to determine the precise location of the property
involved;
(3) A plot plan of the property, drawn to scale, with all existing and proposed structures shown
thereon;
(4) A list of names, addresses and tax map key numbers for those owners and lessees of record of
surrounding properties who are required to receive notice under section 25-2-4; and
(Hawaii County SI-98) 25-32
§ 25-5-72 HAWAII COUNTY CODE
(21) Telecommunication antennas, as permitted under section 25-4-12.
(22) Utility substations, as permitted under section 25-4-11.
(23) Vehicle and equipment storage areas that are directly accessory to aquaculture, crop production,
game and fish propagation, livestock grazing and livestock production.
(24) Veterinary establishments.
(25) Wind energy facilities.
(b) The following use may be permitted in the A district, provided that a use permit is issued for each use:
(1) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings
and golf club houses.
(c) The following uses may be permitted in the A district, provided that a special permit is obtained for such
use if the building site is located within the State land use agricultural district:
(1) Adult day care homes.
(2) Airfields, heliports, and private landing strips.
(3) Bed and breakfast establishments, as permitted under section 25-4-7.
(4) Community buildings, as permitted under section 25-4-11.
(5) Excavation or removal of natural building material or minerals, for commercial use.
(6) Family child care homes.
(7) Guest ranches.
(8) Home occupations, as permitted under section 25-4-13. '
(9) Lodges.
(10) Meeting facilities.
(I1) Model homes, as permitted under section 25-4-8.
(12) Public dumps.
(13) Public uses and structures, other than those necessary for agricultural practices, as provided under
section 25-4-11.
(14) Temporary real estate offices, as permitted under section 25-4-8.
(IS) Trailer pazks with density of three thousand five hundred square feet of land area per trailer,
provided that plan approval is secured prior to commencing such use.
(16) Uses, other than those specifically listed in this section, which meet the standards for a special
permit under chapter 205, Hawaii Revised Statutes.
(d) The following uses may be permitted in the A district, provided that either a use permit is issued for each
use if the building site is outside of the State land use agricultural district or a special permit is issued
for each use if the building site is within the State land use agricultural district:
(1) Crematoriums.
(2) Churches, temples and synagogues.
(3) Day care centers.
(4) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(5) Major outdoor amusement and recreation facilities.
(6) Mortuaries.
(7) Schools.
(e) Buildings and uses accessory to the uses permitted in this section shall also be permitted in the A district.
(f) No building site shall be established after December 1, 1996 which shall in any way restrict or limit
aquaculture, horticulture, production of crops, keeping of livestock, game and fish propagation, or the
processing, sale or other commercial use of the products of such uses.
(1996, Ord. No. 96-160, sec. 2.)
Section 25-5-73. Height limit.
The height limit in the A district shall bethirty-five feet for any residential structure, including any
single-family dwelling, or farm dwelling, and forty-five feet for all other structures. The director may,
(Fiawvi County SI-98) 25-70