HomeMy WebLinkAboutCOM 0067.047 2006-2008 +TY or N'4
Brenda J. Ford Phone No.: (808) 326-5684
Caunei[Member Fax No.: (808) 329-4786
District 7-Central Kona E-Mail: bford@co.hawaii.hi.us
4~ri o7.N~.r~
HAWAII COUNTY COUNCIL
County of Hawai `i
Kai[ua Trade Center
75-5706 Hanama Place, Suite !09
Karlua-Kona, Hawaii 96740
DATE: February 6, 2007
TO: Pete Hoffmann, Chairperson, and
Council Members Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720 ~p r 1
FROM: Council Member Brenda Ford ~J W 4~~
RE: Bi11345, Draft 2
I respectfully withdraw my Proposed Amendment to Bi11345, Draft 2, introduced on the floor of
the Council meeting on January 19, 2007, and transmitted under cover of Communication No.
67.22, and request that it be replaced with the attached proposed amendment which I will
introduce at the Council meeting on Februazy 7, 2007.
The proposed amendments to Bi11345, Draft 2 aze summazized below in ramseyer format.
Material to be repealed is bracketed and stricken. New material is underscored.
1. Hawaii County Code subsection 25-1-5(bT Definition of "Family".
The attached amendment proposes to amend the definition of "family" contained in
Draft 2 as follows:
""Family" means an individual or two or more persons related by blood,
state-sanctioned adoption, foster parentage, guazdianship or marriage, or a group
of not more than five unrelated persons (excluding servants), occupying a
dwelling unit. ~T>, , a:..:a..^1^ ,^_a_.. a"'=r t_..;.,a
desc->:ibed-as~etrp-1' '
l:^^.,^^a ^^...:c.^a >,y-p11e-~1P_flaftn~et:f9€-k
'~a~-:Red--tI~r~33Bre •It^~
a tt• 1 ar t, r •1• t, ...t,^_,.r...,.^t^.^a
1. ,7 77' 1. 11 r .7 F. 1 .....Fr ~~l"
ciEoccc~zr'r'c-~~:ts'scaT-p`rvFis`mx J
Comm. No. ~ T
Ref. To: PresactN3
Ref. Date_FEB 0 7 207
Hawai `i County Is An Equa! Opportunity Provider And Employer
Pete Hoffmann, Chairperson
and Council Members
February 6, 2007
Page 2
2. Hawaii County Code subsection 25-1-5(b): Definition of "Group Living Facility".
Additionally, the attached amendment proposes to amend the definition of "group living
facility" contained in Hawaii County Code §25-1-5(b) as follows:
""Group living facility" means a 24-hour residential facility [deserted
mxdcx-acccxvx ~r-~v-4~
iza~vr cxxx Dc-rxvcv-cTCacaccr, a~-ax .1:.,.1: 1........,..'~
!t t^. 4t.., n4n4^ n nr~t,. t4 r.,n:au«4:^I n n t.~v,~,n •,witozc.^^I:...n 'Z1t t ~
n n« nw
v,.J u.~ors r - -a
f
irr>;rr,rn c :.,,.t„a:.,,..,,^.,.^tt..:tt ...t,,. ^ ,,,.r ~^t,.,,.a
• .o
t.,...,^ r^,.a:.., ...^rr' licensed or certified, and monitored by the
State of Hawai`i's Deroartment of Health (DOH) or Department of Human
Services (DHS) for persons covered under the Fair Housing Act, as amended,
containing between six and eight unrelated adults and/or children, rolus unrelated
home operator or staff who shall not be included in the resident count.
(a) The purpose of this definition is to provide housing to protected and
targeted populations that require therapeutic, medicinal, life skills
training or other suroroort systems. These facilities shall be inte rg ated
into a vaziety of neighborhoods while maintaining the integrity and
chazacter of the neighborhood(s), to roromote anon-institutional
environment and rorovide the maximum therapeutic and beneficial
value to residents of a group livin
fg
acility.
(b) Unless a use permit or special permit is obtained:
(11 A group living facility shall have no more than eight residents;
{2) Only one group living facility per tax map key pazcel;
(3) No other such licensed or certified dwelling shall be located within
500 feet of the perimeter of any tax map key pazcel containing any
other group living facility; and/or
{4) Over-concentration of group living facilities in a neighborhood
shall not be allowed.
{c) A group living facility lawfully in existence on the effective date of
this ordinance may continue in operation despite non-compliance with
the criteria contained in pazagraroh (b) of the definition of "group
living facility"."
3. Hawaii County Code section 25-2-61: Applicability; use permit required.
The attached amendment also proposes to amend Hawaii County Code §25-2-61,
Applicability; use permit required, by including "group living facility" at §25-2-61(a), as
follows:
Pete Hoffmann, Chairperson
and Council Members
February 6, 2007
Page 3
"(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 azea often thousand square feet is required within the RS, RD,
RM, and RA districts.
(4) Day Gaze centers in RS, RD, RM, RA, FA and A districts, provided
that a minimum building site area often thousand squaze 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.
(61 Group living facilities that exceed the criteria in subsection 25-1-
5(l~pazagravh (b) of the definition of "group livin¢ facility"in the
RS RD, RM, RCX, RA, FA, A, CN, CG, CV, and V districts.
(7) Hospitals, sanitariums, old age, convalescent, nursing and rest
homes, and other similaz uses devoted to the Gaze 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 azea of ten
thousand squaze 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.
[(Sj] ~ 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 squaze feet shall be
required within the RS, RD, RM, and RA districts.
[(1-0)] 11 Telecommunication antennas and towers in RS, RD, RM, and RCX
districts.
[f}-1-j] (12) Yacht hazbors and boating facilities in the RS, RD, RM, RCX, RA,
V, CG, CV, MCX, ML, MG and O districts.
Pete Hoffmann, Chairperson
and Council Members
February 6, 2007
Page 4
~ Other unusual and reasonable uses which aze 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 pazcel and may be
expanded or enlarged without obtaining another use permit, provided such
expansion, enlazgement 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."
4. Bill Title
Lastly, to reflect the proposed amendments to Hawaii County Code §25-1-5(b) and §25-
2-61 discussed at paragraphs 2 and 3 above, the bill title as contained in Bill 345, Draft 2 has
been amended as follows:
"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 2 SECTION 25-2-61 APPLICABILITY: USE PERMIT
REQUIRED."
5. Attachments. I have attached for your reference and consideration:
A. "Proposed Amendment to Draft 2" that shows proposed changes to the Hawaii County
Code in ramseyer format.
B. "Clean Copy of Proposed Amendment to Draft 2" that shows Code sections as they
would appeaz after deletion of ramseyer format.
BF:jc
Mtv os
~i
COUNTY OF HAWAII STATE OF HAWAII
1?~ oi•M~•+
BILL NO. 345
(Proposed Amendment to Draft 2)
ORDINANCE NO.
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 2, SECTION 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,
state-sanctioned adoption, foster pazentage, guazdianship or marriage, or a group
of not more than five unrelated persons (excluding servants), occupying a
dwelling unit. [zT="n , ,7'-.:,7..n,n In«....« ,.«n..« r...:«,. n:...n,:,,„~
___a__ a___r ___a
.7 •1. .7 „ 1:..:«.. f n:l:ti en n«.7 rn.„:1„ ..1,:1.7 .,.~01...«.en 7~+
""Group living facility" means a 24-hour residential facility [dese-iced
a n~ n L n a c... ,7 a t,• t, t• a
TTY' zp~i .7 C .+.7: nhn n n rn..:1:4. r~„, «4n1 «n4n«.7ntin ~
>
/rrcrrnv r ««n«n,.«n :«nl..a:«...,,n«..,lt..:n~,z),~ ~ «..1 «nlnhn.7 kn
.hn 1.,....n ,.„n«..«,._ n_ rnn:r.,.. n.nrrl licensed or certified, and monitored by the
State of Hawai`i's Department of Health (DOH) or Department of Human
Services (DHS) for persons covered trader the Fair Housine Act• as amended,
containing between six and eight unrelated adults and/or children, plus unrelated
home operator or staff who shall not be included in the resident count.
The pumose of this definition is to provide housing to protected and
tareeted populations that require therapeutic medicinal life skills
training or other support systems. These facilities shall be inteerated
into a variety of neighborhoods while maintaining the inte¢rity and
character of the neiehborhood(s), to promote anon-institutional
environment and provide the maximum therapeutic and beneficial
value to residents of a croup living facility.
(b) Unless a use permit or special permit is obtained:
{1) A group living facility shall have no more than eight residents;
Only one croup livin fg
acility per tax map key pazcel;
(3) No other such licensed or certified dwelling shall be located within
500 feet of the perimeter of anv tax map key parcel containing anv
other group I1Ving facility; and/or
(4) Over-concentration of group living facilities in a neighborhood
shall not be allowed.
(c) A group living facility lawfully in existence on the effective date of
this ordinance may continue in operation despite non-compliance with
the criteria contained in pazagraph (b) of the definition of "group
living facility"."
SECTION 2. Chapter 25, article 2, section 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 pazagraphs
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 often thousand squaze 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 azea of ten thousand squaze 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 living facilities that exceed the criteria in subsection 25-1-
5(b~pazagra~h (b) of the definition of "group livin fg
acility"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 similaz 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.
((8)] ~ Mortuaries in RS, RD, RM, RCX, RA, FA and A districts.
2
[(-9j] ~ Schools in RS, RD, RM, RA, FA and A districts, provided that a
minimum building site azea often thousand square feet shall be
required within the RS, RD, RM, and RA districts.
[(-18j] (11~ Telecommunication antennas and towers in RS, RD, RM, and RCX
districts.
((-14-j] ~ Yacht hazbors and boating facilities in the RS, RD, RM, RCX, RA,
V, CG, CV, MCX, ML, MG and O districts.
[(i-2j] ~ 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 may be
expanded or enlazged without obtaining another use permit, provided such
expansion, enlazgement 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."
SECTION 3. 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 4. 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 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
Brenda J. Ford
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
3
l
COUNTY OF HAWAII STATE OF HAWAII
~~tt O~~M~+'
BILL NO. 345
(Clean Copy of
Proposed Amendment to Draft 2)
ORDINANCE NO.
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 2, SECTION 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,
state-sanctioned adoption, foster parentage, guardianship or marriage, or a group
of not more than five unrelated persons (excluding servants), occupying a
dwelling unit.
"Group living facility" means a 24-hour residential facility licensed or
certified, and monitored by the State of Hawai`i's Department of Health (DOH)
or Depaztment of Human Services (DHS), for persons covered under the Fair
Housing Act, as amended, containing between six and eight unrelated adults
and/or children, plus unrelated home operator or staff who shall not be included in
the resident count.
(a) The purpose of this definition is to provide housing to protected and
targeted populations that require therapeutic, medicinal, life skills
training, or other support systems. These facilities shall be integrated
into a variety of neighborhoods while maintaining the integrity and
chazacter of the neighborhood(s), to promote anon-institutional
environment and provide the maximum therapeutic and beneficial
value to residents of a group living facility.
(b) Unless a use permit or special permit is obtained:
(1) A group living facility shall have no more than eight residents;
(2) Only one group living facility per tax map key parcel;
(3) No other such licensed or certified dwelling shall be located within
500 feet of the perimeter of any tax map key pazcel containing any
other group living facility; and/or
(4) Over-concentration of group living facilities in a neighborhood
shall not be allowed.
(c) A group living facility lawfully in existence on the effective date of
this ordinance may continue in operation despite non-compliance with
the criteria contained in pazagraph (b) of the definition of "group
living facility".
SECTION 2. Chapter 25, article 2, section 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 paragraphs
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 azea often thousand squaze 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 living facilities that exceed the criteria in subsection 25-1-
5(b), pazagraph (b) of the definition of "group living facility"in the
RS, RD, RM, RCX, RA, FA, A, CN, CG, CV, and V districts.
(7) Hospitals, sanitariums, old age, convalescent, nursing and rest
homes, and other similar uses devoted to the Gaze 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 squaze feet shall be required within the RS, RD, RM, RCX
and RA districts.
(8) Major outdoor amusement and recreation facilities in RS, RD, RM,
RCX, RA, A, CN, CG, CV, MCX, ML, MG and O districts.
(9) Mortuaries in RS, RD, RM, RCX, RA, FA and A districts.
(10) Schools in RS, RD, RM, RA, FA and A districts, provided that a
minimum building site azea often thousand squaze feet shall be
required within the RS, RD, RM, and RA districts.
(11) Telecommunication antennas and towers in RS, RD, RM, and RCX
districts.
2
(12) Yacht harbors and boating facilities in the RS, RD, RM, RCX, RA,
V, CG, CV, MCX, ML, MG and O districts.
(13) Other unusual and reasonable uses which aze 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 may be
expanded or enlarged without obtaining another use permit, provided such
expansion, enlazgement 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.
SECTION 3. 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 4. 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 declazed to be severable.
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
Brenda J. Ford
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
3