Loading...
HomeMy WebLinkAboutCOM 0067.046 2006-2008 u- ~ v~. Harry Kim Christopher J. Yuen Mayor Director •sir~'r. BradKurokawa,ASLA /.~7 rr LEED®AP ItLI~TTTTfI~'1 1T1 ~FTW ZTTT Deputy Director PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720.3043 (808) 961-8288 FAX (808) 961-8742 = 't -v i. ~t r.,, C1] Q. February 5, 2007 Honorable Pete Hoffinann, Chair & Presiding Officer ~J~ 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 -RELATING TO FAMILY/GROUP LIVING FACILITY Since the last meeting I have had various discussions and emails with councilmembers about alternative approaches to Bill 345. There has been an interest in adding a distance separation requirement between group homes, in addition to the one per lot requirement in Draft 2. I have attached two versions of Bi11345 that do that by requiring a separation of 500' between certain types of group homes. One draft amends the definition of "family", as does the current Draft 2. The other amends the definition of "group living facility." There is a complication to amending the definition of "group living facility" and imposing such requirements. Under the current definition, "group living facilities" basically encompass "adult residential care homes" or ARCH, which are mainly for frail elderly persons, and an intermediate care facility, or ICFIMR-C. State law prohibits the counties from imposing special restrictions on these in residential zones, such as distance separation requirements. So if we want to impose separation requirements on the new types of group homes that are currently licensed by the department of health, such as the "special treatment facilities" or the "therapeutic living facilities", we must take care to treat those differently than the ARCH or ICFIMR-C. The end result of both of the attached drafts is that a group home that is licensed or certified by the department of health (other than the ARCH and ICFIMR-C) may have up Comm. No. 61ti Ref. To: ZO r- Hawai'i County is an Equa! Opportunity Provider and Employer. Ref. Late Honorable Pete Hoffmann, Chair & Presiding Officer and Members of the County Council COUNTY COUNCIL County of Hawaii Page 2 February 5, 2007 to eight umelated residents, plus not more than two program staff, unless there is another such home on the parcel, or within five hundred feet. In that case, the home is limited to five unrelated persons, plus up to two staff. In either case, there is the option of seeking a use permit or special permit to exceed the limits. If the council wishes to add homes licensed or certified by the department of human services, this can be done by simply adding the phrase "or department of human services." I will be happy to answer any questions about this subject at the February 7th council meeting. Sincerely„ L- CHRISTOPHER J. YU,~~~ Planning Director CJY:pak Wpwin60/Chris 07/Hofrmann -Bill 345 -Drafts -Group Living Facility/ Amending Definition of Family Attachments ~Y os F ~`y COUNTY OF HAWAII STATE OF HAWAII y0. ~ or x~ BILL NO. ORDINANCE NO. DRAFT AMENDING DEFINITION OF "GROUP LIVING FACILITY" AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 1, SUBSECTION 25-1-5 (B), OF THE ZONING CODE, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE DEFINITION OF "FAMILY" AND "GROUP LIVING FACILITY". AND AMENDING CHAPTER 25, ARTICLE 1, SUBSECTION 25-2-61, APPLICABILITY; USE PERMIT REQUIRED. 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 to change the definitions of "family' and "group living facility" to read as follows: ""Family" means an individual or two or more persons related by blood, stagsanctioned adoption, foster pazentage, 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. "Group living facility" means a facility described under section 46-4, Hawaii Revised Statutes, as amended, which is licensed or approved by the state as an adult residential care home under section 321-15.6, Hawaii Revised Statutes, or as an intermediate caze facility/mental retardation community (ICF/MR C) for persons including mentally ill, who are not related to the home operator or facility staff[.], or a dwellin¢ containine between six and eight unrelated persons plus up to two resident staff members otherwise licensed or certified by the State of Hawaii Department of Health, provided that, unless a use permit or special permit is obtained: (a) only one such licensed or certified dwellin¢ may be established per tax map key parcel, and (b) no other such licensed or certified dwelling is located within 500 feet of anv other such licensed or certified dwelling. SECTION 2. Chapter 25, Article 1, Subsection 25-2-61, Applicability; use permit required (Zoning Code) of the Hawaii County Code 1983 (2005 Edition, as amended) is amended by adding "group living facilities" and its appropriate zoning districts, and renumbering the subsections to read as follows: (a) The following uses shall 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 feet 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 required within the RS, RD, RM, and RA districts. (5) Golf courses and related golf course uses including golf driving ranges, golf maintenance buildings, and golf club houses in the RS, RD, RM, RCX, RA, FA, A, V, CG, CV, and O districts. (6) Group livin¢ facilities that exceed the oceupancy limits or spacing requirements in sec. 25-1- 5(b) definition of "Qroun living facilities" in the RS RD RM RCX, RA. FA, A, CN, CG, CV, and V districts. {(H)} 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. ~ Major outdoor amusement and recreation facilities in RS, RD, RM, RCX, RA, A, CN, CG, CV, MCX, ML, MG and O districts. ~ Mortuaries in RS, RD, RM, RCX, RA, FA and A districts. ~ 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. [(}9)] ~ Telecommunication antennas and towers in RS, RD, RM, and RCX districts. [(-1-1~] ~ Yacht harbors and boating facilities in the RS, RD, RM, RCX, RA, V, CG, CV, MCX, ML, MG and O districts. ~ 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 maybe 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 required for any use described in subsection (a) above, if a special permit is obtained for that use, pursuant to section 205-6, Hawaii Revised Statutes. (1996, Ord. No. 96-160, sec. 2; ratified and amended Apri16, 1999.) SECTION 3. A group livine facility lawfully in existence on the effective date of this ordinance may continue in operation despite non-compliance with the limitations contained in subsections (a) and (b) of the definition of "eroup living facility". SECTION 4. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included. SECTION 5. Severability. If any provision of this ordinance or the application thereof to any person or circumstance, is held invalid, such invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 6. 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: v os~ 1-~ ~r COUNTY OF HAWAII STATE OF HAWAII .~h•~.M' . BILL NO. ORDINANCE NO. DRAFT AMENDING DEFINITION OF "FAMILY" AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 1, SUBSECTION 25-1-5(b), (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE DEFINITION OF FAMILY AND AMENDING CHAPTER 25, ARTICLE 1, SUBSECTION 25-2-61(a), APPLICABILITY; USE PERMIT REQUIRED. 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 eieht unrelated persons plus into two resident staff members, livine in a dwelling otherwise licensed or certified by the department of health provided that if more than one such licensed or certified dwelling on a tax map ke~arcel, or there is another such licensed or certified dwellin¢ located within five hundred feet, the number of unrelated persons in each dwelling shall not exceed five, plus up to two resident staff members." SECTION 2. Chapter 25, Article 1, Subsection 25-2-61, Applicability; use permit required (Zoning Code) of the Hawaii County Code 1983 (2005 Edition, as amended) is amended by amending subsection (a)(6) to read as follows: (a) The following uses shall 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 feet 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 required within the RS, RD, RM, and RA districts. (5) Golf courses and related golf course uses including golf driving ranges, golf 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, Qroua homes not meeting the occupancy and spacin¢ requirements contained in the definition of "family", and other similar uses devoted to the care or treatment of the aged, the sick, persons with disabilities, 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) Othex unusual and reasonable uses which axe 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 maybe 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 required for any use described in subsection (a) above, if a special permit is obtained for that use, pursuant to section 205-6, Hawaii Revised Statutes. (1996, Ord. No. 96-160, sec. 2; ratified and amended Apri16, 1999.) SECTION 3. New material is underscored. In printing this ordinance, the underscoring need not be included. SECTION 4. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 5. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: ~ ~ ~ M ~..r . _ Date of 1st Reading: Date of 2nd Reading: Effective Date: