HomeMy WebLinkAboutREP PC 075 03/11/2008 2006-2008
REPORT OF THE
COMMITTEE ON PLANNING
DATE: March 11, 2008 Re: Comm. 1041/Bill 254
PLACE: Sheraton Keauhou Bay Resort and Spa
78-128 Ehukai Street
Kailua-Kona, Hawaii 96740
TIME: 3:00 p.m.
Council Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Bill 254, reports as follows:
Bill 254, transmitted via Communication 1041 from Mayor Harry Kim, dated February 13, 2008,
presents an amendment to Chapter 25 (Zoning Code), initiated by the Planning Director.
Bill 254 seeks to amend Chapter 25, Article 2, Division 4, Section 25-2-45, Hawai'i County
Code 1983 (2005 Edition, as amended), to clearly limit the scope of "nonsignificant zoning
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.
Communication 1041 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 February 1,
2008. The Commission recommended favorable consideration of the Planning Director's request
and concurred with the Planning Director's reasons as follows:
• The current wording of Section 25-2-45, Nonsignificant zoning changes, was the result of
a change made in the 1996 amendments to the Zoning Code. The version prior to 1996
was more restrictive but 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. It also allowed the Planning Director to move zoning
designations substantial distances, even between noncontiguous properties.
• Rezoning is a major change that determines the basic uses of land and should normally be
decided by the Council, after review by the Planning Commission with recommendations
of the Planning Director, rather than by the Director's unilateral decision.
• If the Council wished to rezone a large area and give the Director flexibility to change
uses within that area, the Zoning Code tool for that would be a "project district" zoning
pursuant to Sections 25-6-40 to 49.2.
• Nonsignificant zoning changes administratively performed by the Planning Director has a
legitimate function allowing relatively small and minor adjustments to zoning lines
without having to go to the council for such changes.
• Nonsignificant zone changes should not be used to make major changes in zoning
without the involvement of the Council and the Planning Commission.
PC Report No. 75
Communication 1041
Bill 254
Page 2 of 2
Therefore, Planning Director recommends that:
1) 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 changes the law back to what it was before the 1996 Zoning Code
amendments; and
2) Specifically require notice to surrounding property owners by posting of a sign on the
property, as generally required for other land use changes.
At the March 11, 2008 Planning Committee meeting, proposed non-substantive amendments to
Bill 254 that remedies minor formatting errors, as outlined in Communication 1041.1 from
Council Member K. Angel Pilago were reviewed.
Director Chris Yuen explained the purpose of this measure and that would be to provide limits to
what can be done administratively by the Planning Director. As an example, Director Yuen
explained if there were two 10-acre parcels with one parcel zoned Commercial and the other
parcel zoned Residential, 5 percent of the Commercial zoning could be moved into the
Residential zoning and 5 percent Residential into Commercial between the two, and this could be
done administratively. Under terms of the current Zoning Code, there is no limit to the area
involved or the distance. For example, Mr. Yuen stated, during the prior Administration, there
was an instance where a hotel site zoning was moved a distance of two miles administratively.
Mr. Yuen stated that as a matter of policy, the Planning Director should not make large changes
in the zoning of an area, and concluded that he believes this is good change to the code, because
it limits how much can happen administratively as compared to what it was before.
Your Committee on Planning is in accord with the purpose and intent of Bill 254, as amended to
Draft 2, and recommends it pass first reading.
and
AYES NOES A&E EX Respectfully submitted,
FORD X
RIGA X CON IITTEE ON PLANNING
HOF NL4NN X
=DA X l.-
JACOBSON X
NAEOLE X K. ANGEL PILA HAIR
PILAGO X
YAGONG X PC REPORT NO. 75
YOSHIMOTO X ADOPTED: MAR 2 5 2008