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Home My WebLink AboutCOM 0090.000 2006-2008 ~tV or F~ Harry Kim ~,c- Ow. Dixie Kaetsu Mnyor Mnnnging Director Barbara Kossow ~i>~ o• ~M•~ Depury Mnnnging Director County of Hawaii 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720.4252 • (808) 961$211 • Fax (808) 961 b553 KONA: 75-5706 Kuakini Highway, Suite 103 Kailua-Kona, Hawaii 96740 (808) 329-5226 • Fax (808) 3265663 January 8, 2007 i Honorable Pete Hoffmann, Chairman ~ - and Members of the County Council ` : County of Hawaii ~ 333 Kilauea Avenue, 2nd Floor Hilo, HI 96720 `r Dear Chairman Hoffmann and Members: State Land Use Boundary Amendment Application (SLU 06-000012) Request: Agricultural to Urban Change of Zone Application (REZ 06-000045) Request: A-3a to RA-.Sa Applicant: Glenn T. Nakamura Tax Map Key: 2-2-56:23 Change of Zone Application (REZ 06-000051) Applicant: Hawaii Island Veteran's Memorial, Inc. Request: O to RM-1 Tax Map Key: 2-4-57:portion ofl Change of Zone Application (REZ 06-000049) Applicant: Brace A. Hansen Request: RS-10 to ML-20 Tax Map Key: 2-2-35:58 Change of Zone Application (REZ 06-000050) Applicant: Scott Olin Request: A-20a to A-IOa Tax Map Key: 7-3-26:17 {8~ ~9 Comm. No. Ref. To: Ref. Uate JAN 0 9 2QQ~ Honorable Pete Hoffmann, Chairman and Members of the County Council Page 2 January 8, 2007 ~anning Director Initiated Amendment to Chapter 25 (Zoning) Hawaii County Code 1983 (2005 Edition) As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. Si Harry Kim S/ Mayor Enclosures cc: Planning Department tr orq •••;•OF•N'+ County of Hawaii PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Sui[e 3 • Hilo, }lawai'i 96720 December 19, 2006 Phone (808)961-8288 Pax~sosJ9el-a7a2 ~ ,..a ~7 c_ :w t'-, . el.'' Pete Hoffinan, Chairman c~ and Members of the County Council County ofHawaii 333 Kilauea Avenue, 2"d Floor a Hilo, HI 96720 --.z Dear Chairman Hoffmann and Council Members: Planning Director Initiated Amendment to Chapter 25 (Zoning) Hawaii County Code 1983 (2005 Edition) The Planning Commission at its duly held public hearing on December 6, 2006, considered the Planning Director's proposed amendment to Chapter 25 (Zoning), Hawaii County Code 1983 (2005 Edition, as amended) to consider noise impacts in reviewing plan approval applications. Enclosed are the staff Background/Recommendation Report and the draft bill for your favorable consideration. If you have questions regarding this matter, please contact Planning Director, Christopher Yuen. Sincerely, C. Kim ameda, Chairman Planning Commission IpdNOiselmpactsPAapps0l pc Enclosures Hawai `i County is an Equal Opportunity Provider and Employer '1 BRPDInitiatedPla~vlpproval.doo- 11/22/06 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT INITIATOR: PLANNING DIRECTOR AMENDMENTS TO CHAPTER 25 The PLANNING DIRECTOR is initiating amendments to Chapter 25 (Zoning), Hawaii County Code 1983 (2005 Edition, as amended) to consider noise impacts in reviewing plan approval applications. PROPOSED ACTION 1. Background: Plan approval is an administrative permit issued by the Planning Department. Plan approval is required for most new buildings, except for single-family dwellings and accessory buildings to those dwellings, and for most agricultural buildings. Plan approval must be completed before the issuance of a building permit for those structures that need plan approval. Plan approval is also required for some changes in use. In addition, Special Permits will usually include a condition requiring plan approval. Plan approval is the point at which the Planning Department checks for compliance with pertinent conditions of zoning, for compliance with the landscaping and parking requirements, for internal traffic circulation, and other issues related to the site. The various criteria for plan approval aze listed in Section 25-2-76. The Planning Director is proposing that the mitigation of noise impacts be included in the criteria for receiving plan approval. Often, noise impacts are among the main community issues with commercial arad industrial buildings. This can be an especially acute problem where industrial buildings or major agricultural processing facilities aze close to residential azeas. RECOMMENDATION For the reasons cited above, the Planning Director is initiating amendments to Chapter 25 (Zoning) and recommends that the Planning Commission send a favorable recommendation to the Hawaii County Council. The accompanying draft bill to amend Chapter 25 is provided for your favorable consideration. -1- COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE), HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PLAN APPROVAL BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The purpose of this ordinance is to consider noise impacts in reviewing a plan approval application, and to assure mitigation measures for any noise impacts that the proposed structure, development or use may have on the surrounding community or area. SECTION 2. Chapter 25, article 2, section 25-2-76, Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 25-2-76. Review criteria and conditions of approval. (a) In reviewing a plan approval application, the director shall consider the proposed structure, development or use in relation to the surrounding property, improvements, streets, traffic, community characteristics, natural features, and may require conditions or changes to assure: (1) Adequate light and air, and proper siting and an•angements are provided for all structures and improvements; (2) Existing and prospective traffic movements will not be hindered; (3) Proper landscaping is provided that is commensurate with the structure, development or use and its surroundings; (4) Unsightly azeas are properly screened or eliminated; (5) Adequate off-street parking is provided to serve the structure, development or use, regardless of the otherwise minimum requirements of this chapter; (6} Access to the pazking azeas will not create potential accident hazazds; (7) Within reasonable limits, any natural and man-made features of community value are preserved; and (8) Dust, noise, and odor impacts are jl£ep~Ete-a-rni~ miti ated. (b) The director shall require any conditions or changes in the proposal which, in the director's opinion, aze necessary to carry out the purposes of this chapter and the considerations contained in subsection (a) above." SECTION 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 4. Material to be repealed is bracketed. New material is underscored. In re-printing this ordinance, the brackets, bracketed material and underscoring need not be included. SECTION 5. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of ls~ Reading: Date of 2"d Reading: Effective Date: 2