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HomeMy WebLinkAboutCOM 0466.000 2004-2006 ~N~v,or N,w~. rP,••,i, ~ let's Dixie Kaetsu Harry Kim ~ Managing Director Mayor Peter L. Hendricks .:ad rf~•N~M Deputy ,Managing Director COUNTY OF HAWAII 25 Aupuni Strcet, Room 215 Hilq tlawali 96720-4252 (808) 967-8211 Fax (808) 961-6553 KONA_ 75-5706 Kuakini Highwag Suite 103 Kailua-Kona, kiawai'i 96740 (808)3?9-5226 Fax (808)326-5663 September 20, 2005 Honorable Stacy Higa, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, ffi 96720 Dear Chairman Higa and Members: Change of Zone Application (REZ OS-002) Applicant: State of Hawaii, DLNR Request: Open to MCX 1-acre Tax Map Key: 6-1-3:15 Change of Zone Application (REZ 05-009) Applicant: Johanna Leaird Revocable Living Teust Request: RM-1 to RM-10 Tax Map Key: 2-C-3:portion 22 ?Amendment to Chapter 25 {'Coning Code) Re' Plan Approval and Landscapinf; As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charier, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the about-referenced requests. Sincerely, Harry Kim Mayor Enclosures cc: Plannning Department ~~j 1 11 ~ ~ 1 ~ J Iawai i CouNy is an Equal Opportunity Provider and Employer COmn1• NO.~ Ref. To: L Ref. Uate tr or u- •~••~~'.5 i• County of Hawaii PLANNING COMMISSION Aupuni Center • 101 Pauahi Sheet, Sui[e 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax (808) 961-8742 September 20, 2005 Stacy Higa, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Higa and Council Members: Amendment to Chapter 25 (Zoning Code) Re: Plan Approval and Landscaping The Planning Commission at its duly held meeting on September 2, 2005, voted to forward a favorable recommendation on the proposed amendment to Chapter 25 (Zoning Code), Hawaii County Code, by deleting the Plan Approval and Landscaping requirements for the construction of one single family dwelling and accessory buildings per lot within the various zoning districts. For your favorable consideratiou, we have enclosed the draft bill. We have also enclosed the transcript of the hearing for your information. Should you have questions regarding this matter, please contact the Planning Department at 961-8288. Sincerely, Fre ones, Chairman Planning Commission Enclosures Kawai'i County is an Equa[ Opportunity Provider and Employer PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT' SEPTEMBER 2, 2005 A regularly advertised hearing on the AMENDMENT TO CFIAPTER 25 (ZONiNC CODE) was called to order at 10:07 a.m. in the County Building, Conncilmom - Room 201, 25 Aupuni Street, Hilo, Hawaii, with Chairman Fred Galdones presiding: i-Rs~Ei~iT: reed Gaid~nc~ :~I3SEi~iT & E:~ C~~SED: i%viiliam uraham C. Kimo Alameda Jeffrey McCall Andrew Iwashita Rodney Watanabe Allen Salavea Rene' Siracusa Hannah Springer Ivan Torigoe, Deputy Corporation Counsel Christopher Yuen, Planning Director Norman Hayashi, Planning Program Manager Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner And one person from the public in attendance. INITIATOR: PLANNING DIRECTOR Amendment to Chapter 25 (Zoning Code), Hawaii County Code, by deleting the Plan Approval and Landscaping requirements for the construction of one single family dwelling and accessory buildings per lot within the various zoning districts. GALDONES: Commissioners, we are on Agenda Item No. 4. The initiator is the Planning Director. This is an amendment to Chapter 25 (Zoning Code), Hawaii County Code, by deleting the Plan Approval and Landscaping requirements for the construction of one single family dwelling and accessory buildings per lot within the various zoning districts. Mr. Yuen. YUEN: The current Zoning Code requires a stage called plan approval for all construction in the commercial, resort and industrial zones, including single family homes. Plan approval is a step where the applicant submits something that's close to the plans that they would submit for a building permit, not necessarily with all the structural details but it would show the building, the setbacks, the parking, the proposed landscaping; and it would be reviewed by staff and then given, and signed off as a plan approval. And then after that, there's a submission of the building permit which is then a]so reviewed by staff and signed off from the planning point of view. I What Planning Department looks at for plan approval typically in a commercial or resort building is setbacks from the property lines, landscaping which is required by Rule 17 for those types of buildings, and the adequacy of parking. And they also look at things like the way the parking flows around the building. So this is more of a site design issue and it's done You don't see them here at the Planning Department, I mean, at the Planning Commission. It's done as a stage typically after a rezoning has been done. You'll notice That in Borne of your applications we will say they have to get plan approval; and that"s, for those it's e way of ~~hecking ~_ip on the conditions., that the conditions of approval are followed Chrough in the actual thing that's submitted. Then at a building permit typically you look at many of the same things all over again. You wouldn't look at the parkintt but you v~outd still ieok at Inc sctbactcs trom the buitning to the property line. What we've seen in the last few years is that we have a lot of single family homes that are being built in resort zones. This has been one of the biggest trends in land use on the island in the last decade. Many of the sites that were zoned for hotels in places like Mauna Lani have, or zoned in some cases for multi-family buildings have been subdivided and sold for single family residences, really typically high end single family residences. Examples would be 49 Black Sands Subdivision that actually just came in for rezoning from RM to single family residential, the Pauoa Bay Estates residential development in Mauna Lani, and there are many other examples of this. So what happens in these, and we're talking, Kukio is another example, the Kaupulehu Resort is another example. So what we're seeing here is that right now we see dozens of homes. In the future we'll have Hundreds of homes coming into these resort areas. And the Planning Department side there's two steps of processing that essentially duplicate each other. The first comes the plan approval. Because they're in a resort zone or in amulti-family zone, it needs a plan approval. And second comes the building permit stage which is also necessary. Tn looking at this we decided that the plan approval is not necessary for a single family residence. In a single family residential zone, you don't need plan approval. You don't, the issue of the use of the property is checked at the building permit stage to see that it is an allowed use. The setbacks will be checked at the building permit stage. And any other conditions of approval, say, of a rezoning ordinance, will be typically done at the subdivision review or at the stage of, or also could be done with the building permit. So to try to eliminate unnecessary work for both the Planning Department and for the private applicant, we've suggested this amendment to the Zoning Code. GALDONES: Commissioners, any questions of Director Yuen? Commissioner Siracusa? SIRACUSA: Yes. I noticed that all the additions refer to a single family dwelling and any accessory buildings. Could you tell us what the definitions of these accessory buildings would be, other than say a free standing garage? YUEN: A tool shed, a dog kennel, any building that's submitted as accessory to the single family home. So you'd have to have the home, and then the 2 building would be something that's accessory to it, like a, you know, a lawn storage building. A free standing garage is probably the most common sort of accessory building. SIRACUSA: And would these types of accessory buildings also have the same setback requirements as the main house or could [hey be closer [o the boundary? I'm thinking about a situation where somebody has a whole lot of, say, fighting cocks or pig dogs or something like that, and they put them way away from the house but right up on the neighbor's boundary where it might create a nuisance? YUEN: They're the same. The setback requirements are the same for the accessory buildings. GALDONES: Any further questions of Director Yuen? Mr. Yuen, this subject matter will it be acted upon today or it will also be heard at the Kona meeting before any action is taken? YUEN: We're just scheduling it one time on the agenda. So our intent was to finish this today. GALDONES: Commissioner Springer. SPRINGER: Mr. Chair, I'd just like to note that I received a letter from Dorothy Walsh a member of the public who submitted testimony on this matter of Chapter 25, but I believe that she was not clear in her understanding which section of Chapter 25 we were hearing today. But I did want to note her correspondence for the record. GALDONES: So noted, yes. Also, I noted in her letter she was relating to the agriculture tourism, and it is a different subject matter in which we are addressing today. But thank you for that note. Okay. Mr. Yuen, then it is just an action by the Planning Commission? It's not to be forwarded to any other body for their approval? YUEN: We're asking that the Planning Commission forward a favorable recommendation to the County Council. It will require final action by the Council. SIRACUSA: I have a question. GALDONES: Commissioner Siracusa. SIRACUSA: Yeah, I can see where this would certainly make it a lot easier for the Planning Department, especially as so many buildings now are coming up for final plan approval, all this new construction we've got. And it'll also make it easier for 3 people who are building their own homes. Will it make it less expensive for them if they don't have to go through final plan approval? YUEN: It takes away, it removes a time element of submitting for plan approval and it does take, it will reduce cost to some extent for the private person because they don't have to make a separate application for the plan approval. They would just come in with a building permit, just as somebody comes in In a single iamily gone for a house, you just come ire fur your building permit. The same thin would hold true in a resort zone. SIRACUSA: Okay, thank you. In that case, I'm prepared to make a motion if no one else has any comments. GALDONES: Seeing that there is no further discussion on this matter, motion is in order. Commissioner Siracusa. SIRACUSA: I move that the Commission send a favorable recommendation to the County Council regarding the amending of Chapter 5 (sic) of the Zoning Code of the Hawaii County Code, 1983, 2005 edition, relating to plan approval and landscaping for single family dwellings and accessory buildings. IWASHITA: Second. GALDONF,S: Commissioner Siracusa, just one correction, that would be Chapter 25, right? SIRACUSA: I believe I said that, Chapter 25, Zoning Code. GALDONES: Okay, so noted. SIRACUSA: Yeah. GALDONES: It has been moved by Commissioner Siracusa, seconded by Commissioner Iwashita, that the amendment to Chapter 25, Zoning Code, Hawaii County Code, by deleting the plan approval and landscaping requirements for the construction of one single family dwelling and accessory buildings per lot within the various zoning districts, be given a favorable recommendation and be forwarded to the County Council. Further discussion? Seeing none, Norman. HAYASHI: Commissioner Siracusa? SIRACUSA: Aye. HAYASHl: Commissioner Iwashita? 4 IWASHITA: Aye. HAYASHL Commissioner Salavea`? SALAVEA: Aye. HAYASHL: Commissioner Springer'? SPRINGER: Yes. HAYASHI: Commissioner Alameda? ALAMEDA: Aye. HAYASHI: Chair Galdones? GALDONES: Aye. HAYASHI: Motion carries. GALDONES: Thank you, Norman. The discussion ended at 10:20 a.m. Respectfully submitted, Sharon M. Nomura, East Hawaii Secretary 5