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Home My WebLink AboutCOM 0067.000 2006-2008 iv a JC•; ~ ' N. • k: Harry Kim Christopher J• Yuen Mayor _ Director •'~,;E•of:N~.M• Brad Kurokawa, ASLA LEED®AP Deputy Director C~ntxntg of ~rxfnttii PLANNING DEPARTMENT 101 Pauahi Sveet, Suite 3 Hilo, Hawaii 967203043 ,^y (808) 961-8288 FAX (ROS) 961-8742 Q ~ ~ C; s E=' - ~ January 3, 2007 ~ N Honorable Pete Hoffinann, Chair & Presiding Officer and Members of the County Council COUNTY COUNCIL County of Hawaii 333 Kilauea Avenue Hilo, HI 96720 Dear Chair Hoffmann and Members of the County Council: SUBJECT: BILL 345 - (2004-2006 TERM) RELATING TO THE DEFINITION OF FAMILY At the Council meeting on December 20, 2006, there was some interest expressed for a change in Bill 345, the group homes bill, so that the eight unrelated persons limit would not apply in situations where there is more than one home on a lot, for example, where there was an `ohana permit and so two homes were allowed. I personally do not favor this amendment, because I prefer a wide range of availability for group homes. They are not fundamentally different than other types of living situations that commonly occur in neighborhoods, including large families. However, if the Council wishes to make such a change it can be done with a simple amendment to Bill 345. I have attached a version of Bill 345 that makes this amendment, simply by adding the phrase "provided that if more than one dwelling on a lot is used for such a facility, the number of unrelated persons in each dwelling shall not exceed five, plus any program staff" The effect of this would be that if there were only one dwelling on a lot that is used for a group home licensed or certified by the Department of Health, it could have up to eight unrelated persons, plus program staff, while if two homes on the lot were used for such group homes, they could have a maximum of five unrelated persons in each home, plus program LL Comm. No, P Ref. To:press~Q'~, Ref. Uate JAN 0 4 2007 Hawaii County is an Equal Opportunity Provider and Employer. Honorable Pete Hoffmann, Chair & Presiding Officer and Members of the County Council COUNTY COUNCIL Page 2 January 3, 2007 staff. So, in the two home situation, the amendment would not change the current regulation, which allows up to five unrelated persons in a home. The amendment refers to a "lot" rather than a "tax map key." The use of the term "tax map key" will not always have the desired effect because many of the lots on which there are `ohana dwellings or second farm dwellings were put in condominium property regimes ("CPR") before this practice was largely eliminated by Ordinance 02-111. A CPR can get a separate tax map key, so a single "lot" can contain more than one tax map key. I will be happy to discuss this amendment and related issues at the January 4`h Council meeting. Sincerely, C~~-~~~ CHRISTOPHER J.~ Planning Director CJY:pak Wpwin60/Chns2/Hoffmann -Bill 345 -Definition of Family •Y L~ i COUNTY OF HAWAII STATE OF HAWAII ..~,N',' BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 1, SUBSECTION 25-I-5(b), (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE DEFINITION OF FAMILY. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 25, article 1, subsection 25-1-5(b), (Zoning Code) of the Hawaii County Code 1983 (2005 Edition, as amended), is amended by amending the definition of "family" to read as follows: ""Family" means an individual or two or more persons related by blood, state- sanctioned adoption, foster parentage, guardianship or marriage, or a group of not more than five unrelated persons (excluding servants), occupying a dwelling unit. The term includes individuals in larger group living situations described as group living facilities and family child care homes and a group of not more than eight unrelated persons plus any proeram staff living in a facility licensed or certified by the department of health provided that if more than one dwellin¢ on a lot is used for such a facility the number of unrelated persons in each dwelling shall not exceed five, plus any pro¢ram staff." SECTION 2. New material is underscored. In printing this ordinance, the underscoring need not be included. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: