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Home My WebLink AboutCOM 0067.055 2006-2008 J,~TV Os M 40.• L~^ \lI.' Harry Kim Christopher J. Yuen Mayor Director es~ Brad Kurokawa, ASLA LEED®AP ~i7DixkTy~1 IIf ~MELrF11T DepuryDirector PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 (808) 961-8288 FAX (808) 961-8742 n; c--. ~7 T February 14, 2007 Honorable Pete Hoffinann ~ Chair and Presiding Officer and Members of the County Council COUNTY COUNCIL 333 Kilauea Avenue, Second Floor Hilo, HI 96720 Dear Chair Hoffmann and Members of the County Council: SUBJECT: BILL 345 -RELATING TO FAMILY/GROUP LIVING FACILITY Attached to this letter is another proposed draft of Bill 345, which we hope can be considered at the February 21sT Planning Committee meeting. (It is ramseyered from the current code, not from Bi11345, Draft 2 because this draft amends the definition of "group living facility", not "family".)This proposed drafr has the basic effect of raising the number of unrelated persons allowed in a group home licensed or certified by the Department of Health or Department of Human Services from five to eight. It incorporates spacing restrictions requested by some councilmembers. If there was more than one such home on a lot, or another such home within five hundred feet, only five unrelated persons would be allowed. This draft increases the number of overnight staff allowed to three, based on testimony given at the last hearing. A program could have a larger overnight staff but it would have to reduce the number of residents. The spacing restrictions would not apply to certain types of group living facilities: they would not apply to "adult residential care homes", or ARCH, which aze usually for frail elderly persons, or to an intermediate care facility/mental retazdation community (ICF/NIR-C), which is for mentally retarded persons. State law, H.R.S. sec. 46-4(d), does not allow the counties to have these kinds of restrictions on such homes in residential areas. These types of homes have operated in residential areas throughout the county with up to eight unrelated persons, without serious problems, for many years. Comm. Na 5'S Ref. Ta 8raira~~ Ref. Date _ 1 Z~~~ Hawaii County is an Equal Opportunity Provider and Employer. Honorable Pete Hoffmann Chair and Presiding Officer and Members of the County Council COUNTY COUNCIL Page 2 February 14, 2007 There is a "grandfathering"clause in this draft, which says that group homes which are operating in conformance with zoning at the time that this ordinance is adopted do not have to comply with the spacing requirements. This is intended to cover the existing BISAC homes in Pu'ueo, which have been allowed to operate with eight residents because they are located in V (resort) zones. Their director had expressed concern about the "legally operating" language in the previous draft because they were not previously licensed. The proposed language would cover them as long as they were operating in conformance with zoning. There are always several ways that bills can be written, and this one is no exception. But as proposed, it does accomplish the goals for which a majority of the councilmembers have expressed support: increasing the number of people allowed in a DHS orDOH-licensed or certified home from five to eight, but incorporating spacing restrictions so that you cannot put two eight person homes on one lot, or within five hundred feet of another such home. I will be at the February 21sT meeting to answer any questions that may come up about Bi11345. Sincerely, (/~i~ CHRISTOPHER J. Planning Director CJY:pak Wpwin60/Chris 07/Hoffmann -Group Homes - Roposed Draft Attachment M<V or M L~ °'ff~ COUNTY OF HAWAII STATE OF HAWAII ' •~.M'~ BILL NO. ORDINANCE NO. COUNTY OF HAWAII STATE OF HAWAII BILL NO. 345 DRAFT (For PC meetin¢ 2/20/07) 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 "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 by amending the definition of "group living facility" to read as follows: "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 care 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 dwelling containing to ei¢ht unrelated persons, plus up to three resident staff members, otherwise licensed or certified by the State of Hawaii Department of Health or Department of Human Services provided if more than one such licensed or certified dwelline is located on a tax map kev parcel, or there is another such licensed or certified dwelling located within five hundred feet, the number of unrelated persons in each such dwellin>? shall not exceed five, unless a use permit or special permit is obtained." 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 living facilities that exceed the occupancy limits or spacing requirements in sec 25-1- 5(b) definition of "group living facilities" in the RS RD RM RCX RA FA A, CN, CG, CV, V, CDH, and PD districts. 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. [(8)] ~ 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. [(-19j] ~ Telecommunication antennas and towers in RS, RD, RM, and RCX districts. ~ Yacht harbors and boating facilities in the RS, RD, RM, RCX, RA, V, CG, CV, MCX, ML, MG and O districts. [(-1-2~] ~ 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 living facility operatin¢ in conformance with zoning on the effective date of this ordinance may continue in operation despite non-compliance with the occupancy and spacing restrictions contained in the definition of "croup livin fg acility". 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: