HomeMy WebLinkAboutCOM 0067.059 2006-2008 QTY or N~i
Brenda J. Ford laq~ Phone No.: (808) 326-5684
Council Member Fax No.: (808) 329-4786
District 7-Centra[Kona E-Mail: bford@co.hawaii.hi.us
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HAWAII COUNTY COUNCIL
County of Hawai `i
Kailua Trade Center
75-5706 Hanama Place, Suite /09
Kailua-Kona, Hawaii 96740
n.;
DATE: March 5, 2007 S
4a
TO: Pete Hoffmann, Chairperson, and
Members of the Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720 ~
FROM: Council Member Brenda Ford y~ ~ S~ _
J v
RE: Bi11345, Draft 3.
I respectfully withdraw Communication No. 67.57 and replace it with the communication herein,
which clarifies the passage of Bill No. 345, Draft 3 by the Planning Committee at its February 21,
2007 meeting.
Bill No. 345, Draft 3 incorporates amendments set forth in Communication No. 67.47 as
summarized below, together with the deletion of the word "lawfully" from paragraph (c) of the
definition of "group living facility" as indicated in ramseyer format below:
1. Hawaii County Code subsection 25-1-5(b): Definition of "Family".
The definition of "family" shall 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."
2. Hawaii County Code subsection 25-1-5(b): Definition of "Group Living
Facility".
The definition of "group living facility" shall read as follows:
Comm. Ho. t111 ~ I
Ref. To: Presentvi3
Ref. Gate ~ I 200j
Hawaii County Is An Equal Opportunity Provider And Employer
""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 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, 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
character 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 parcel 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 [lew€ully] in existence on the effective date of
this ordinance may continue in operation despite non-compliance with
the criteria contained in paragraph (b) of the definition of "group
living facility"."
3. Hawaii County Code section 25-2-61: Applicability; use permit required.
Hawaii County Code §25-2-61(a) shall be amended by including certain group
living facilities at §25-2-61(a)(6) as follows:
"(6) Group living facilities that exceed the criteria in subsection 25-1-
5(b), paragraph (b) of the definition of "group living facility" in the
RS, RD, RM, RCX, RA, FA, A, CN, CG, CV, and V districts."
As a result, current §25-2-61(a)(6) through §25-2-61(a)(12) shall be renumbered
§25-2-61(a)(7)through §25-2-61(a)(13),respectively.
BF/dh