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HomeMy WebLinkAboutCOM 0067.061 2006-2008 ~fV b M~ Harry Kim Christopher J. Yueu Mayor Director ~'+:,•;;~~;r•~ Brad Kurokawa, ASLA LEED®AP Ql ~~~~tt Deputy Director PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 Hilo, Hawaii 967203043 (808) 961-8288 PAX (808) 961-8742 GJ March 7, 2007 ~ 1 ~ t~ Honorable Pete Hoffinann ~ Chair and Presiding Officer ~ 6 and Members of the County Council COUNTY COUNCIL _n 333 Kilauea Avenue, Second Floor ~J' Hilo, HI 96720 Dear Chair Hoffinann and Members of the County Council: SUBJECT: BILL 345 -RELATING TO FAMILY/GROUP LIVING FACILITY Councilmember Ford and others have expressed a desire to have a grace period for group homes to come into compliance that may not currently be fully legal, so that they could continue operating with more than five residents for a time. There maybe some group homes which have been operating with more than the five person limit that the current zoning code has for a single family. Now, Bill 345 allows them to operate with up to eight, but some of these might not meet the distance criteria in subsea (b)(2) or subsec. (b)(3), in that they are closer than required. In addition, some of the group homes may not be currently licensed, and so are not allowed to have eight until they are licensed. We could allow a grace period for them to operate with eight until they are licensed. The simplest fix is to not apply the distance criteria in subsec. (b)(3) to existing operations. In all of the testimony, I do not recall any complaints about the spacing of existing homes, except for possibly the Wainaku BISAC homes, which is covered already by being in a multifamily zone. I understand the sensitivity of the two homes on a lot (Marimed Kea'au) situation, and so I would not suggest exempting such two homes per lot situations, which are covered by subsea (b)(2). .omm. fvo._,Q_!__~._._ Ref. To: Pra:au__,_ ±~(~QL(((--~QQtt~~i/llll Ref. Uate MAR ~ 9 Z4~~ 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 March 7, 2007 The best way to accomplish the above is to replace subsection (c) of Bill 345, Draft 3 with one that reads as follows: "(c) A group living facility in operation on the effective date of this ordinance, or a group home in operation which has an application for a license or certification as a group livine facility pending on the effective date of this ordinance may continue in operation with not more than eight residents despite non-compliance with the criteria contained in subsection (b)(3) of the definition of "group living facility" provided that the license or certification is received within fifteen months of the effective date of this ordinance." To give an example: under this provision, if there were two group living facilities currently operating with eight residents in asingle-family zone, on different lots, but within five hundred feet of each other, they could both continue operating because the distance restrictions would not apply to existing operations. Otherwise, if one of the two must reduce its resident count from eight to five, we have the problem of deciding which one gets to have eight. Also, if a home currently has eight residents, and has a pending license application, it could continue operating with eight, for up to fifteen months, until it received its license. The other changes that were in Councilmember Ford's proposed Draft 4 aze all improvements over Draft 3 and are consistent with views expressed at the committee meeting: the elimination of subsection (b)(4), which referred to "overconcentration", and the statement that the distance requirements do not apply to adult residential care homes and intermediate care facilities/mental retardation communities. The reference to "overconcentration" is unnecessary because this is handled by (b)(2) and (b)(3). The exemption of adult residential care homes and intermediate caze facilities/mental retardation communities from the distance requirement is necessary because of state law, H.R.S. sec. 46-4(d), that protects these in residential areas. I will attend the council meeting on March 9 to discuss these possible changes to Bill 345, Draft 3. _ Honorable Pete Hoffinann Chair and Presiding Officer and Members of the County Council COUNTY COUNCIL Page 3 March 7, 2007 To be very concise: I suggest that the council pass the proposed Draft 4 submitted by Councilmember Ford, attached to Communication 67.58, but substitute the above for subsection (c). Sincerely, CHRISTOPHER J. Y~~ Planning Director CJY:pak Wpwin60/Chris 07 -Hoffmann -Bill 345 Transition Cover Letter