HomeMy WebLinkAboutCOM 1041.000 2006-2008
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Harry Kim, Dixie Kaetsu
Mayor Managing Director
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Barbara Kossow
Deputy Managing Director
County of Hawaii
25 Aupuni Street, Room 215 • Hilo, Hawaii 967204252 • (808) 961-8211 • Fax (808) 961-6553
KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawai'i 96740
(808) 329-5226 Fax (808) 326-5663
February 13, 2008
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Honorable Pete Hoffmann, Chairman
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and Members of the County Council O C7 r'^ .p
County of Hawaii Z z
333 Kilauea Avenue
Hilo, HI 96720
Dear Chairman Hoffmann and Members: o C
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fanning Director Initiated r
Amendment to Section 25-2-45, Chapter 25 (Zoning),
Hawaii County Code 1983 (2005 Edition, as amended)
Re: Nonsignificant Zoning Changes
Change of Zone Application (REZ 07-000074)
Applicant: Arnold H. Hara and Lillian K. Murakami
Request: RS-15 to RS-10
Tax Map Key: 2-4-10:31
As required by Chapter 4, See. 6-4.3(C), Hawaii County Charter, transmitted herewith for the
County Council's consideration and action are the Planning Commission's letters and enclosures
regarding the above-referenced requests.
,
Sin
cerel
Harry Kim
u Mayor
Enclosures
cc: Planning Department
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a~ ag Comm. No._~
aJ `t Ref. To: %
Ref. Date -EU.1 2001
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County of Hawaii
PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720
Phone (808) 961-8288 • Fax (808) 961-8792
February 13, 2008
r s=
Pete Hoffmann, Chairman
and Members of the County Council
County of Hawaii F
CID
333 Kilauea Avenue, 2"d Floor
Hilo, HI 96720
Dear Chairman Hoffmann and Council Members:
Planning Director Initiated
Amendment to Section 25-2-45, Chapter 25 (Zoning),
Hawaii County Code 1983 (2005 Edition, as amended)
Re: Nonsignificant Zoning Changes
The Planning Commission at its duly held public hearing on February 1, 2008, considered the
Planning Director's request for an amendment to Section 25-2-45, Chapter 25 (Zoning), Hawaii
County Code 1983 (2005 Edition, as amended) with respect to Nonsignificant Zoning Changes.
The Commission voted to forward a favorable recommendation to the County Council and
concurs with the Planning Director's reasons as follows:
The Zoning Code has a Section 25-2-45, which allows the Planning Director to
make what are called "nonsignificant zoning changes" by administrative action without
the change going through the Planning Commission or the County Council. Normally, a
zoning change must be made by a rezoning ordinance passed by the County Council after
review by the Planning Commission. The current wording of Section 25-2-45 reads as
follows:
"Section 25-2-45. Nonsignificant zoning changes.
The director may administratively grant any nonsignificant zoning change. A
nonsignificant zoning change must comply with the designations for the property set
forth in the general plan and any development plan adopted by ordinance, and must
either:
Hawaii County is an Equal Opportunity Provider and Employer
Pete Hoffmann, Chairman
and Members of the County Council
Page 2
(1) not result in a net increase in the density allowed in the zoning district(s)
containing the affected area; or
(2) be the lesser of a five percent or one acre increase or decrease in the area of
any zoning district(s)."
This language was a change made in the 1996 amendments to the Zoning
Code. The provision prior to 1996 was more restrictive:
"Section 25-18.1. Nonsignificant zoning changes.
(a) The planning director may administratively grant nonsignificant zoning
changes, which is defined as a change in district classification 1) which
does not result in an increase or decrease in any zoning designation
affecting more than five percent or one acre of any parcel of property,
whichever is less, and 2) which is in compliance with the general plan and
development plan designations of the property.
(b) The director shall promulgate rules in compliance with FIRS chapter 91 to
carry out this section of the law. (1990, Ord. No. 90-77, sec. 2.)
This wording is somewhat vague and has been interpreted to allow
,,nonsignificant zoning changes" involving large acreages, as long as there was no
net increase in the density, and to allow the planning director to move zoning
designations substantial distances, even between noncontiguous properties.
A rezoning is a major change that determines the basic uses of the land,
and normally should be decided by the council, after review by the Planning
Commission, and with the recommendation of the Planning Director, rather than
by the Planning Director's unilateral decision. If the council wants to rezone a
large area and give the Planning Director flexibility to change uses within that
area, the Zoning Code has a tool: "project district" zoning, under Sections 25-6-40
to 49.2. Nonsignificant zoning changes, done administratively by the Planning
Director, have a legitimate function of allowing relatively small and minor
adjustments to zoning lines without the necessity of going to the council for all
such changes. For example, they have been legitimately used to adjust the
boundaries of golf courses zoned Open against residential and commercial uses
within resorts. Nonsignificant zoning changes should not be used to make major
changes in zoning without the involvement of the council and Planning
Commission.
For these reasons, the Planning Director recommends that nonsignificant
zoning changes be limited to those that increase or decrease zoning designations
affecting five percent of the area, or one acre, whichever is less, of any affected
lot. This would change the law back to what it was before to the 1996 Zoning
Pete Hoffmann, Chairman
and Members of the County Council
Page 3
Code amendments.
The Planning Director also recommends that the Zoning Code be amended
to specifically require notice to surrounding property owners and posting of a sign
on the property, as generally required for other land use changes.
We have enclosed a copy of the Planning Director's Background/Recommendation
Report, a copy of the draft bill, and transcripts of the hearings for your information.
Sincerely,
IVZ~~ 61-111
Rodney Watkabe, Chairman
Planning Commission
cc: Planning Department-Kona
Lincoln Ashida, Esq.
BRP haiatedWAo 11/13/07
COUNTY Of HAWAII PLANNING DEPARTMENT
BACKGROUND AND RECOMMENDATION
INITIATOR: PLANNING DIRECTOR
AMENDMENT TO CPTER 25
The PLANNING DIRECTOR is initiating an amendment to Chapter 25. (Zoning) Hawaii
County Code 1983 (2005 Edition, as amended) with respect to Nonsignificant Zoning Changes.
PROPOSED ACTION
Background: The Zoning Code has a Section 25-2-45, which allows the Planning Director to
make what are called "nonsignificant zoning changes" by administrative action without the change
going through the Planning Commission or the County Council. Normally, a zoning change must
be madiby a rezoning ordinance passed by the County Council after review by thePlatining
Commission, The current wording of Section 25-2-45 reads as follows:
"S060.254 45. Nonsignificant zoning changes.
The.&ector may administratively grant any nonsignificant zoning change: A
nonsignificant zoning change must comply with the designations for the property set forth
in the general plan and any development plan adapted=by ordiWce, and, must either:
(1) not result nr,a net increase in the density-allowed in the zon d" eubiainins the"
t ~ zrc ~ .
'k
h
MINOR=
` #ipn 25-1 1, 1~dns gniiicant zonang:changes.
(a) The planning director may administratively" grant nonsignificant zoning changes,
which is defined as a change in district classification 1) which does not result in an
increase or decrease in any zoning designation affecting more than five percent or
one acre of any parcel of property, whichever is less, and 2) which is in compliance
with the general plan and development plan designations of the property.
ATTACH: Comm. 1041
Bill 254
(b) The director shall promulgate rules in compliance with FIRS chapter 91 to carry
out this section of the law. (1990, Ord. No. 90-77, sec. 2.)
This wording is somewhat vague and has been interpreted to allow "nonsignificant zoning
changes" involving large acreages, as long as there was no net increase in the density, and to
allow the planning director to move zoning designations substantial distances, even between
noncontiguous properties.
A,rezoning is a major change that determines the basic uses of the land, and normally
should be decided by the council, after review by the Planning Commission, and with the
recommendation of the Planning Director, rather than by the Planning Director's unilateral
decision. If the council wants to rezone a large area and give the Planning Director flexibility to
change uses within that area, the Zoning Code has a tool: "project district" zoning; under Sections
25-640 to 49.2. Nonsignificant zoning changes, done administratively by the Planning Director,
have a legitimate function of allowing relatively small and minor adjustments to zoning lines
without the.necessity of going to the council for all such, changes. For example, they have been
legitimately used to, adjust the boundaries of golf courses zoned Open against residentialand -
commercial, uses within resorts. Nonsignificant zoning changes should not be used to make major
changes in zoning without the involvement of the council and Planning Commission.
For these reasons, the Planning Director recommends that nonsignificant zoning changes
be lifted ta.thosrt t}iat-merqase,or decrease zoning desi$natloxas afectinpt a pexcent of the area ;
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req~ v poi` ufike~ lanclnse changes
A bill proposing the amendment to the nonsignificant zoning change provisions is attached
as Exhibit A.
-2-
~~Y a
COUNTY OF HAWAII " STATE OF HAWAIII
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAP. 25, ARTICLE 2, DIVISION 4, SECTION 25-245 OF
THE HAWAII COUNTY CODE 1983 (2005 EDITION) WITH RESPECT TO NON-
SIGNIFICANT ZONING CHANGES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The Zoning Code allows some zoning changes, called
"nonsignificant zoning changes", to be done administratively by the planning director, rather than
by action of the county council. The purpose of this ordinance is to clearly limit the scope of such
changes so that only small changes, not affecting more than five percent of any lot or one acre,
whichever is less, can be made without the county council enacting a rezoning ordinance.
SECTION 2. Section 25-2-45, Hawai'i County Code, is amended to read as follows:
"Section 25-2-45. Nonsignificant zoning changes.
La) The director may administratively grant any nonsignificant zoning change. A nonsignificant
zoning change must comply with the designations for the property set forth in the general plan
and any development plan adopted by ordinance, and not result in an increase or decrease in anv
zoning designation affecting more than five percent of the area, or one acre, of any lot, whichever
is less. must either:
(1) Not result in a net increase in the density allowed in the zoning district(s) containing the
affected area; or
(2) Be the lesser of a five percent or one acre increase or decrease in the area of any zoning
district(s).]
(b) The pplicant for a nonsignificant zoning change shall give notice to surrounding owners and
lessees of record pursuant to sec 25-2-4 and shall post a sign for public notification as provided
by section 25-2-12."
-1-
EXHIBIT
`l 1
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
-2-
PLANNING COMMISSION
COUNTY OF HAWAII
HEARING TRANSCRIPT
DECEMBER 12, 2007
A regularly advertised hearing on the PLANNING DIRECTOR INITIATED AMENDMENT
TO CHAPTER 25 (ZONING CODE) REGARDING NONSIGNIFICANT ZONING CHANGES
was called to order at 1:50 p.m. at the Waikoloa Beach Marriott Hotel, Alii I, 69-275 Waikoloa
Beach Drive, Waikoloa, Hawaii, with Chairman William Graham presiding.
PRESENT: William Graham ABSENT & EXCUSED: Andrew Iwashita
C. Kimo Alameda
Takashi Domingo
Shelly Ogata
Alvin Rho
Rene' Siracusa
Rodney Watanabe
Rell Woodward
Ivan Torigoe, Deputy Corporation Counsel
Norman Hayashi, Planning Program Manager
Phyllis Fujimoto, Staff Planner
Jeff Darrow, Staff Planner
Christopher Yuen, Planning Director
And 6 people from the public in attendance.
INITIATOR: PLANNING DIRECTOR
Amendment to Section 25-2-45, Chapter 25 (Zoning), Hawaii County Code 1983 (2005 Edition,
as amended) with respect to Nonsignificant Zoning Changes.
GRAHAM: The Hawaii County Planning Commission will come back into session.
Our first agenda item for the afternoon here is our No. 5 item on the New Business. Initiator is
the Planning Director, and he is initiating an amendment to the Hawaii County Zoning Code
Section 25-2-45, and that's with respect to nonsignificant zoning changes. So, Mr. Yuen, if you
can give us some background on this, please?
YUEN: Good afternoon, everybody. It's a little easier to address the group from
here. And I was going to handle the explanation of this item. There is a provision in the Zoning
Code called nonsignificant zone changes. The Commission has never dealt with these before
because they are completely administrative. The normal zoning change process, the normal
rezoning process, you are very familiar with; it's either initiated by the Council, the Planning
Director, most commonly by the landowner. It goes to the Planning Commission for
consideration, there's public hearings, public notice, and then it goes to the County Council, and
the County Council makes the final zoning decision. There is a, the nonsignificant zoning
change is a procedure that's allowed by the Zoning Code that empowers the Planning Director to
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unilaterally make zoning adjustments or zoning changes to property. There are some restrictions
on it; under the current Zoning Code, the basic restriction would be that you cannot increase the
density of property. So to give you an example of a fairly common and legitimate use of a
nonsignificant zoning change, in many resorts, the golf courses are zoned Open, and they have
residential areas zoned Residential that line the golf courses. So these zonings went in typically
by, strictly by metes and bounds, and the applicant had an idea of how they were going to lay out
the golf course and homes. But in the actual course of development after the zoning happened,
they might want to change the boundaries of the golf course. As a result, they might want to
build homes where the golf course was supposed be and vice versa. So the nonsignificant zone
change allows them to make an application to the Planning Director. There is notice to adjoining
property owners, there is a procedure for this, but it does not involve the Council. So the
Planning Director can make this kind of zoning change.
My proposal here is, I feel that the current wording of the nonsignificant zone change is too
wide-open and allows too much leeway. There have been instances where areas involving
considerable acreages have been swapped, including changes where different densities have been
moved over noncontiguous properties and involving considerable acreages and considerable
distances. Before 1996 the nonsignificant zone change was limited to a maximum of one acre or
five percent of a given parcel, whichever is less. So this amendment would change the wording
of the Zoning Code back to the limitations in 1996 from what is currently allowed under the
nonsignificant zone change.
GRAHAM: Do we have any questions from the Commissioners? Commissioner
Siracusa?
SIRACUSA: Yeah, suppose you had a lot and five percent, if you rezone that five
percent, it would not be - what's the word I'm thinking of, when the zoning is different than the
number of acres, begins with the "c"
YUEN: Nonconforming?
SIRACUSA: Nonconforming, right.
YUEN: And what is your question?
SIRACUSA: So you change the zoning on five percent, but that five percent then would
not be in conformance.
YUEN: Well, you could change up to five percent of the parcel or one acre,
whichever is less. So in a case of a 100-acre parcel, five percent would be five acres, but you
couldn't change five acres; you would be limited to one acre. On a 10,000, well, on a one-acre
lot - let's see - five percent would be whatever five percent of 40,000-something square feet is,
so you would have a maximum of 2,000 square feet that could be changed by a nonsignificant
zone change. If the lot was, say the lot is 40,000 square feet, your limitation would be five
percent, which would be 2,000 square feet that could be changed by a nonsignificant zone
change. That's how it would work.
2
SIRACUSA: I was a little bit confused about, now some things in here; I understand
about notice to surrounding property owners, about adding that, and But why are you taking
out "not result in a net increase in the density?" Why is that bracketed?
YUEN: That's just to return it to the language before 1996.
WATANABE: Mr. Chair?
GRAHAM: Yes, Commissioner Watanabe?
WATANABE: So, Mr. Director, so then on page 1 of the Exhibit A, that is the proposed
new wording? Am I correct in that? That ordinance that is attached? But it still does refer to
"not result in an increase or decrease in any zoning designation." Am I right on that?
SIRACUSA: No, that's the current
GRAHAM: It seems like you are just inserting something that kind of is almost the
same as words you are removing maybe. Is that the sense, Commissioner Watanabe?
WATANABE: Yeah, and I'm not sure if this, well, it's, if I heard properly, you're saying
that the current wording is much too broad, if I heard properly, and so it allows for more
discretion. And so you are trying to tighten this up, but I'm not sure
YUEN: Right, that is the
WATANABE: That's the intent, right?
YUEN: The Exhibit A is the proposed ordinance, yes.
WATANABE: Yeah, so this is the proposed how does this tighten it up, though? I'm
YUEN: Because it limits the area that can be involved to one acre or five percent.
WATANABE: Oh, prior to this, didn't Oh, okay, okay, okay
YUEN: That is, yeah
WATANABE: Wait, wait, wait
YUEN: That's not a
WATANABE: No, no, this says, current wording
YUEN: That's not a restriction in the current
WATANABE: I, well, but isn't the current wording also on page 1 under No. (2), "Be the
lesser of a five percent or one acre increase or decrease in the area of any zoning district(s)?"
Isn't that the current wording?
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YUEN: That's an "or," though.
OGATA: It's a "or." Right here.
WATANABE: Oh, okay.
GRAHAM: Yeah, I think we've got that clear yes?
WATANABE: Yeah.
GRAHAM: Good.
YUEN: Oh, and just so the Commission is clear, this is one of those, because it's
an overall change to the Zoning Code, this is one of those things that we would present at two
meetings, one on each side of the island. So we are not asking for action by the Commission
today; this will be again on the, the next meeting in East Hawaii, on the agenda, and that we
would ask for the Commission to act at that time. But we, you know, we can continue this, this
discussion certainly today.
GRAHAM: So the gist on the actual Exhibit A, Chris, is that in the previous
ordinance, we had (1) and (2) and an "or" relationship, whereas you're now sort of saying that
they both would have to be fulfilled.
YUEN: It would simply be, allow a five percent increase or decrease in any zoning
district.
SIRACUSA: Mr. Chair?
GRAHAM: Okay, yes?
SIRACUSA: I'm afraid I just didn't catch it or understand why you've deleted the "not
result in a net increase in the density involved." Maybe I'm dense today, but
YUEN: Honestly, I felt that
SIRACUSA: 'Cause I like that part.
YUEN: Well, that is also kind of vague as to what that actually means.
SIRACUSA: 1 mean that's, we are talking about counting numbers, isn't that or, you
know, I mean
YUEN: The wording of, the wording would allow, the new wording would allow
the following, okay - I'm going to, I'll give you an example what the new wording would allow
that would not, that might not be allowed in the current wording, all right - if you had 100,000
square feet of RS zone adjoining 100,000 square feet of Open zone, you could increase the RS
zone by a nonsignificant zoning change up to five percent, or to 105,000 square feet, without a
4
corresponding tradeoff in the Open zone, okay, that is true; that is, I would still consider that a
nonsignificant zoning change. You would have to have RS zone to begin with, and then you
could make up to a five percent increase or decrease in the zoned area.
GRAHAM: Any further questions for the Planning Director? We don't have any
public testifiers signed up. If there is anyone at this point who would like to comment from the
public, please come forward, and you're welcome to do so. Here comes Jeff. Would we want to
proceed and have one of the Commissioners make a motion on this initiative by the Planning
Director? Or is there any further discussion we need? All right, so
ALAMEDA: I'll make a motion
GRAHAM: The motion would be to continue since we are not going to take action
today.
ALAMEDA: Are we continuing to the next Kona meeting?
GRAHAM: No, to the next meeting. Which would be the Hilo side meeting
ALAMEDA: Next Hilo meeting, yeah. Yeah. Okay, I'll make a motion.
GRAHAM: For continuance
ALAMEDA: Continue
GRAHAM: Is there a second?
OGATA: Second.
GRAHAM: Okay. Seconded by Commissioner Ogata, moved by Commissioner
Alameda, that we continue this until the next meeting, which will be on the Hilo side. Any
commentary, discussion? Jeff, would you get the vote, please?
DARROW: Thank you, Mr. Chairman. The motion before us is to continue this
agenda item to the next Hilo meeting. With that, I'll take the roll. Commissioner Alameda?
ALAMEDA: Aye.
DARROW: Commissioner Ogata?
OGATA: Aye.
DARROW: Commissioner Domingo?
DOMINGO: Aye.
DARROW: Commissioner Rho?
5
RHO: Aye.
DARROW: Commissioner Siracusa?
SIRACUSA: Aye.
DARROW: Commissioner Watanabe?
WATANABE: Aye.
DARROW: Commissioner Woodward?
WOODWARD: Aye.
DARROW: And Mr. Chairman?
GRAHAM: Aye.
DARROW: The motion passes, eight to zero.
GRAHAM: Thank you, Jeff.
The discussion ended at 2:05 p.m.
Respectfully submitted,
Noriko Sauer
West Hawaii Secretary
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t
PLANNING COMMISSION
COUNTY OF HAWAII
HEARING TRANSCRIPT
FEBRUARY 1, 2008
A regularly advertised hearing on the PLANNING DIRECTOR'S AMENDMENT TO
CHAPTER 25 (ZONING), HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED)
REGARDING NONSIGNIFICANT ZONING CHANGES was called to order at 9:07 a.m. in the
County of Hawaii, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii, with
Chairman Rodney Watanabe presiding.
PRESENT: Rodney Watanabe ABSENT & EXCUSED: Takashi Domingo
Kimo Alameda Rene' Siracusa
Lani Bowman
Andrew Iwashita
Shelly Ogata
Alvin Rho
Rell Woodward
Ivan Torigoe, Deputy Corporation Counsel
Christopher Yuen, Planning Director
Norman Hayashi, Planning Program Manager
Phyllis Fujimoto, Staff Planner
Jeff Darrow, Staff Planner
And approximately nine people from the public in attendance.
INITIATOR: PLANNING DIRECTOR
Continued hearing on the amendment to Section 25-2-45, Chapter 25 (Zoning), Hawaii County
Code 1983 (2005 Edition, as amended) with respect to Nonsignificant Zoning Changes.
WATANABE: We are on Agenda Item No. 1, it's Planning Director initiated amendment
to Chapter 25. I believe this is the second reading, cause I believe the first reading was in the
Kona area.
YUEN: That's right. This is a matter that the Planning Commission has looked at
before. The first agenda item is a matter that we did take up in December at our Kona meeting.
Because it's a general Code change we normally do this and have meetings on both sides of the
island so that people on both sides of the island have a reasonable chance to testify at the
Planning Commission, and also the Commission can spend a little more time looking at it. This
is a matter that involves something that's in the Zoning Code called a nonsignificant zoning
change. The idea behind it is that administratively the Planning Department, Planning Director,
can adjust boundaries between adjacent zoning districts. And it's called nonsignificant because
they're supposed to be nonsignificant, not major changes in the zoning or the land use.
1
The Planning Commission is, of course, familiar with zoning changes. And the normal process
for a zoning change is that it comes to the Planning Commission. After being reviewed by the
Planning Department, it comes to the Planning Commission. The Planning Commission looks at
it, makes a recommendation, sends it up to the County Council; and the County Council acts on
it. So it's a very public process. And I think we've seen that even relatively small land use
changes require this kind of public process. We've seen zoning changes that may cover, say, a
lot of 10,000 square feet or 20,000 square feet, it may change it from a Residential 15,000 square
foot zone to a Residential 10,000 square foot zone. And these kinds of even relatively small
changes go through zoning up to the County Council. So the wording of the nonsignificant zone
change was itself amended in the 1996 Zoning Code changes; and it was amended in a way that
has been interpreted to make it possible to do fairly large moves of zoning from one spot to
another as long as the overall density is not changed on the property.
So as a policy matter we think that these kinds of changes should generally be done through the
normal zoning process, that actually the kinds of things that I just described can be done through
what's called Project District Zoning where you zone a large area and then you move uses
around within that area. But it shouldn't be done just administratively by the Planning
Department.
So the amendment that's here would change the wording back to the way it was before
December 1996 and it would limit the extent of any nonsignificant zone change to a half an acre,
I'm sorry, an acre or the lesser of an acre, or a 5 percent increase or decrease in the area, of a
zoning district. So if you had adjacent Commercial and Residential properties of an acre, for
example, you could do a boundary change that affected 5 percent of that acre and
administratively adjust the boundaries.
There are a lot of situations where it's useful to do this. The most common type of situation has
been on golf courses. Many of the zonings that were done for resorts had the golf courses in an
open zone. And then when they actually go out to build a golf course they want to change the
boundaries between the Residential and the Open zones slightly; and that's a legitimate use of
the nonsignificant zone change. So this is, again, this is something that we talked about before.
We would like to take this up to the County Council with a favorable recommendation from the
Commission; and the Commission can act on, we would ask the Commission to act on this today,
if possible.
WATANABE: Thank you. Are there any questions for the Director? No questions? Is
there any, you want to go into any discussion or does anyone care to make a motion? Cause this
is a second reading, so a motion would be appropriate.
RHO: So I assume we don't have any public testimony here
WATANABE: Oh, I'm sorry. I'm sorry. Yeah, at this point I had no one signed up. And
as a reminder to the public, if you do wish to testify on any of the items then you would need to
sign up with Sharon, the staff person. But, yes, at this point there's no one, no one signed up to
testify.
2
RHO: Okay, so I'll make a motion. I move that a favorable recommendation be
forwarded to the County Council on the amendment to Section 25-2-45, Chapter 25, Hawaii
County Code, 1983.
WATANABE: Thank you. Do I have a second?
WOODWARD: I would second, and with a comment that it's ironic that we're talking
about nonsignificant things here because we talk about a lot of nonsignificant things. So I'm
very much in favor of letting the Director have complete control over all nonsignificant things.
WATANABE: Thank you. So it has been moved and seconded to send a favorable
recommendation to the County Council. Is there any further discussion? Okay, Mr. Darrow.
DARROW: Thank you, Mr. Chairman. The motion before us is to send a favorable
recommendation to the Council. With that I'll take the roll. Commissioner Rho?
RHO: Aye.
DARROW: Commissioner Woodward?
WOODWARD: Aye.
DARROW: Commissioner Alameda?
ALAMEDA: Aye.
DARROW: Commissioner Bowman?
BOWMAN: Aye.
DARROW: Commissioner Iwashita?
IWASHITA: Yes.
DARROW: Commissioner Ogata?
OGATA: Aye.
DARROW: And Mr. Chairman?
WATANABE: Aye.
DARROW: The motion passes seven to zero.
WATANABE: Thank you.
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.
The discussion ended at 9:16 a.m.
Respectfully submitted,
/s/ Sharon M. Nomura
Sharon M. Nomura, Secretary
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