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Home My WebLink AboutREP PC 128 11/28/2006 2004-2006 REPORT OF THE COMMITTEE ON PLANNING DATE• November 28, 2006 Re: Comm. No. 1102Bi11 No. 345 PLACE: Coucilroom (new location) Ben Franklin Building 333 Kilauea Avenue, 2"" Floar Hilo, Hawaii TIME: 2:00 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 345, reports as follows: Bill No. 345, transmitted by Mayor Harry Kim via Communication No. 1102, dated September 27, 2006, amends Chapter 25 (Zoning Code), Hawaii County Code, by amending the definition of "family" to include the following: "a group of not more than eight unrelated persons, plus any program staff, living in a facility licensed by the department of health." Bill No. 345 amends Chapter 25, Article 1, Section 25-1-5(b), Hawai`i County Code 1983 (2005 Edition, as amended), by amending the definition of family to address group living facility type programs that operate within asingle-family dwelling. The proposed amendment will allow up to eight residents, plus any program staff, to reside in a group home which is licensed or certified by the Department of Health. Currently, group homes are limited to five unrelated persons, with exceptions for 1) Type II Adult Residential Care Homes for elderly persons or other needing assistance with daily living; or 2) intermediate care facilities/mental retardation communities that currently allow for up to eight persons; or 3) family child care homes, which permit three to six children who are unrelated to the caregiver by blood, marriage, or adoption. For properties in the State Land Use Agricultural District, landowners may apply for a Special Permit to allow uses which accommodate more than five unrelated persons. The proposed amendment will allow the following types of group living programs which are licensed by the State Department of Health: Adult Residential Caze Homes, Special Treatment Facilities, Therapeutic Living Programs, Developmental Disabilities Domiciliary Homes, and Assisted Living Facilities. Clean and Sober Homes are not licensed by the DeparUnent of Health and will not be affected by the proposed amendment. The Planning Department background report states that Oahu and Maui Counties already have adopted language in their codes similar to that being proposed by Bill No. 345. The report goes on to state that: "There may be legal problems if Hawaii County does not do something to make it easier to establish group homes... the courts have ruled that such people [people with disabilities] have [a] special need for group homes. Local governments must make `reasonable accommodations' so that such group homes can be established." Communication 1102 reports that three members of the Planning Commission voted in favor of Bill No. 345 and three members voted against Bill No. 345 at their September 7, 2006 hearing. The three to three votes constitute an unfavorable recommendation by the Planning Commission. PC Report No. 128 Communication 1102 Bill 345 Page 2 of 3 At the Planning Committee meeting on November 28, 2006, two members of the public submitted oral testimony in support of the Bill No. 345. Beverly M. Ho`okano of Hilo also testified in support of Bill No. 345. She is Project Service Manager for Mental Health Kokua, and supports the amendment from 5 to 8 unrelated persons. She has firsthand experience working with mentally ill and homeless people and knows several folks living under Wainaku Bridge. This amendment will provide additional housing for people who are tmly in need. It will not solve the problem, but it is a step in the right direction. Mental Health Kokua has a waiting list for their available spaces and it is critically important to provide clean housing and food for people in transition after a crisis, says Ms. Ho`okano. Gary F. Michell of Mental Health Kokua, anon-profit organization located in Kailua-Kona, testified in support of the proposed amendment to the definition of family. Mr. Michell is the Hawaii Island Services Director for this non-profit and has provided recovery-based rehabilitative services and community-based housing for the past 30 years azound the Island. They have a total of 49 beds on the island, and statistics indicate that the number of homeless on the island has doubled in the past yeas The zoning code restriction mandates that their homes have vacant beds, 5 full beds as opposed to 8 full beds. This contributes to destabilization for this population of mentally ill individuals. We need to be on par with other counties in the State. Their non-profit is monitored and licensed by the State, and the group homes are very well regulated. Dc Holschuh inquired whether they currently have only 5 residents. Mr. Michell replied affirmatively noting that current law limits them to 5 individuals. This amendment translates to about 1,000 bed days per yeaz -raising the total number of bed days available on the island from 15,000 to 16,000. Staffing ratios require 1 staff per 8 clients, so this amendment will not negatively impact staffing. Having 8 clients will put the non-profit at a financial break-even point, whereas they currently operate in the red. Council member Hoffrnann pointed out that it costs $82/day in Mr. Michell's their facility vs. $800/day for institutional care. The cost for care in a group home is just 10% of the cost of institutional care. Mr. Michell estimated that 8-10 individuals in Hilo and another 5 individuals in Kona are currently on the waiting list. Mr. Michell also stated that there is great potential to start up new projects if the law is changed to pennit 8 residents, thus ensuring that new facilities would be close to breaking even financially. Council member Ikeda questioned Planning Director Yuen about a letter received in opposition from residents in Kea`au Agricultural Lots. Directory Yuen stated that this amendment would affect the Kea`au Ag Lots, as well as all other agricultural subdivisions in the County. Mr. Yuen said that this amendment would make it easier to establish this kind of group home in residential communities. This amendment will make such projects economically viable. The best setting for such group homes is in a residential area, according to most professionals who work in this field. There is a great need for such homes, for adolescents, for mentally ill individuals, and for the homeless, said Mr. Yuen. Council member Ikeda expressed concern about allowing such facilities in every community, especially if the number of residents is increased to 8. Dr. Holschuh expressed support for this amendment. He stated that there is a great need for treating people out in the community, rather than in institutional settings. This saves a great deal of money and is better for residents who are being treated more personally. Council member Jacobsen also expressed support for increasing the number from 5 to 8 noting it will not create massive new issues -but rather just increase the number of beds available in well-run facilities. This is a good initiative and will save PC Report No. 128 Communication 1102 Bi11345 Page 3 of 3 resources in the long run. Mr. Jacobsen also pointed out that the Council can always repeal this amendment if necessary, if there are problems that result from the increased number. Council Vice Chair Isbell emphasized that these are group homes are licensed by the State Department of Health and that this amendment is long overdue. She noted the amendment only addresses rehabilitative group homes, not any single-family residence which does not mean that 13 people will move in next door. Ms. Isbell requested that Director Yuen post educational information regarding this bill on the County website. Director Yuen explained that the County of Hawaii was slow to implement this zoning amendment, whereas the other counties have already made similar amendments to their codes. The Director admitted that our county was "slow" to implement this change. Your Committee on Planning concurs with the Planning Director's favorable recommendation for approval of the amendment to the Zoning Code. Your Committee on Planning is in accord with the purpose and intent of Bill No. 345 and recommends it pass first reading. and nxES roES A&E ex Respectfully submitted, ARAKAHI X HIGA X COMMITTEE ON PLANNING HOFFMANN X HOLSCHUH X IICEDA X L ISBELL X JACOBSOIV X K ANGEL PILAGO, CHAIR pu,A~ X PC REPORT NO. 128 SAFARIx x ADOPTEn: MAR 0 g 2~~7