HomeMy WebLinkAboutREP PC 011 02/06/2007 2006-2008 REPORT OF THE
COMMITTEE ON PLANNING
DATE: February 6, 2007 Re: Comm. No. 90Bi11 No. 29
PLACE: Sheraton Keauhou Bay Resort and Spa
78-128 Ehukai Street
Kailua-Kona, Hawaii 96740
TIME: 10:00 a.m.
Council Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Bill No. 29, reports as follows:
Bill No. 29, transmitted via Communication No. 90 from Mayor Harry Kim, dated January 8,
2007, presents an amendment to Chapter 25 (Zoning Code), initiated by the Planning Director.
Bill No. 29 seeks to amend Chapter 25 (Zoning Code) Hawaii County Code 1983 (2005 Edition,
as amended}, to consider noise impacts in reviewing a plan approval application, and to assure
mitigation measures for any noise impacts a proposed structure, development or use may have on
surrounding communities or area.
Communication No. 90 reports that the Hawaii County Planning Commission, as required by
Chapter 4, Sec. 6-4.3{C), Hawaii County Charter, considered the above request on December b,
2006. The Commission recommended favorable consideration of the Planning Director's
request.
The Planning Director states in his background report that Plan Approval is an administrative
permit required for most new buildings, except for single-family dwellings, accessory buildings,
and most agricultural buildings. Plan approval must be completed before issuing a building
permit and is also required for some changes in use. Special Permits usually include a condition
requiring plan approval.
The background report further notes that various criteria for plan approval are listed in Section
25-2-76 and the proposal intends to include mitigation of noise impacts in the criteria for
receiving plan approval, especially when these facilities are located close to residential areas.
At the February 6, 2007 Planning Committee meeting, no statements were received from the
public. Planning Director Chris Yuen explained the proposed amendment addresses a loophole
or a weak point in County regulation. Mr. Yuen stated that Plan Approval is an administrative
procedure within the Planning Department that occurs after zoning but before issuance of a
building permit. Mr. Yuen explained that when a developer is close to building a project, site
plans are brought to the Department for review. Typical things that the Department looks at
during this stage are landscaping, parking and on-site traffic movements in addition to zoning
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code requirements which the Planning Director may deem necessary in order to implement
mitigation measures. For example, Mr. Yuen stated that as a condition of Plan Approval
involving a large industrial building located near a residential area, a noise impact clause could
modify the Plan to mitigate impacts.
Council Chair Pete Hoffmann asked whether the proposed ordinance would establish a standard
whereby the Planning Department would define "noise." Director Yuen stated a noise control
statute already exists under the State Department of Health that must be followed however he
believed that in addition the Planning Department could require noise mitigation on a case by
case basis. Mr. Yuen stated he feels the phrase "kept to a minimum" means to do everything that
can be done, while "mitigate" means an attempt to lessen.
Council Member Jacobson stated he supports this amendment and liked the idea of including
noise in the Plan Approval process. Director Yuen noted that everything under consideration by
the Department should be tempered with reasonableness and if a noise consideration is included
in the Plan Approval process, it gives the Department an opportunity to do something about it,
allowing the Planning Director additional oversight over projects that already acquired zoning.
Council Member Yoshimoto explained his understanding that "mitigation" is a grey area that
would provide the Planning Director more of an opportunity to do something about noise.
Your Committee on Planning is in accord with the purpose and intent of Bill No. 29 and
recommends it pass first reading.
and
nvES HOES w&E Ex Respectfully submitted,
FORD X
HIGA X COMMITTEE ON PLANNING
HOFFMANN X
1REDA X
JACOBSON X
NAEOLE X K. ANGEL PILAGO, R
PIIr1G0 X
YAGONG X PC REPORT NO. 11
YosfmKOTO x AnoPTED: FE8~~7-