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Home My WebLink AboutCOM 0096.000 2008-2010William P. Kenoi Mayor County of Hawaii 891 Ululani Street Hilo, Hawaii 96720-3982 (808) 961-8211 Fax (808) 961-6153 KONA: 7i-5706 Kuakini Highway, Suite 103 Kailua-Kona, Hawaii 96740 (808) 329-5226 Fax (808) 326-5663 December 23, 2008 Honorable J Yoshimoto, Chairman and Members of the County Council County of Hawaii 333 Kilauea Avenue Hilo, HI 96720 Dear Chairman Yoshimoto and Members: State Land Use Boundary Amendment Application (SLU 08-000020) Request: Agricultural to Urban Change of Zone Application (REZ 08-000081) Request: A-3a to RA-.S,a Applicant: Sonomura Rentals, Inc. Tax Map Key: 2-2-48:10 and 120 ~laimiing Director blitiated v Alnendments to Chapter 23 and 25 Regarding Public Purpose Subdivisions Chuige of Zone Application (REZ 08-00008x) Applicant: Melody Parong Request: RS-20 to RS-15 Tax Map Key: 1-7-1.6:28 William T. Takaba Managing Director Wally Lan De/jury Managing Director F~ W 0 a b w b As required by Chapter 4, Sec. 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. Sincerely, tn~~ Willliam P. Kenoi Mayor Enclosures cc: Plamling Department 9G ~~QQ~~ /~\ Comm. No. 7 {,VI I I ~ V / County of Hawai `i is an Equal Opportunity Provider and Employer. Ref, TOC Ref. Date .JAN 16 20Qg ~' County of Hawaii '06 DEC 30 A 9 :39 ~.~~~ PLANNING COMMISSION Aupuni Center • 101 Puuahi 8vicet, 8ui1c 3 • Hilo, Hawai `i 96720 Phonc (808)961-8288 • Fax (808)961-8742 '' ~fEC 2 3 t0!!8 The Honorable J Yoshimoto, Chairman and Members of the County Council County of Hawaii 333 Kilauea Avenue, 2n° Floor Hilo, Hi 96720 Dear Chairman Yoshimoto and Council Members: Planning Director Initiated Amendments to Chapter 23 and 25 Rei?ardinQ Public Purpose Subdivisions The Planning Commission at its duly held public hearing on November 24, 2008, and December 5, 2008, considered the Planning Director's proposed amendment to Chapter 23 (Subdivision Code) and Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition) relating to subdivision requirements for public purpose subdivisions. The proposed amendment seeks to amend the Subdivision Code and Zoning Code to provide that subdivisions for public use do not need to meet the normal subdivision requirements, including the minimum building site area. The Commission at its meeting on December 5, 2008, voted to forward a favorable recommendation to the County Council on these proposed amendments. The Commission concurs with the Planning Director's reasons for this favorable recommendation: There is sometimes a need for a subdivision to create a lot that will be conveyed to a governmental agency for a public purpose, such as a park, school or library. There are also subdivisions which set aside public land for specified public purposes, such as forest reserve or transferring land from one subunit of government to another. In these cases, the normal subdivision standards, especially minimum lot sizes, should not apply. For example, the County may want to build a playing field on an area zoned Agricultural 20-acres (A-20a), and may need only two acres for the field. The considerations that led to the A-20a zoning such as the desire to keep the area in low density for larger farming units, would not necessarily apply to the public project. Hmvai `i County is an Equa/ Oppornmity Provider and Employer J Yoshimoto, Chairman and Members of the County Council Page 2 Currently, the zoning and subdivision codes are not clear whether governmental functions, generally, can be exempted from the minimum lot sizes and other typical requirements of a subdivision. Section 23-11 of the Subdivision Code provides that the normal requirements, including lot sizes, "shall not be applicable to public utility and public rights-of-way subdivisions and their remnant parcels." The Zoning Code, in Section 25-4-34, provides that "the required minimum building site area may be waived by the director for public utility or public rights-of-way subdivisions, or both, and any resulting remnant parcels." The purpose of this bill is to more generally allow waivers by the director for subdivisions for governmental functions and purposes. The types of subdivisions allowed would be limited by inserting the "public use" definition currently in the Zoning Code, into the Subdivision Code. The amendment would not apply to government subdivisions that created industrial parks or other commercial projects or residential subdivisions. There are safeguards against any problems that such waivers may involve. Under the proposed amendment, the Planning Director could still require necessary improvements. Also, most new public projects involve an environmental assessment process where problems with the project can be addressed. The proposed amendment does not affecC the land use aspect of the public project. Generally, public uses and buildings are allowed in all County zoning districts. Jf the property in question is also within the State Land Use Agricultural district, however, a public use may need a Special Permit, because the State Land Use law allows only "public institutions and buildings which are necessary for agricultural practices" as a matter of right in the Agricultural district. (See H.R.S. sec. 205-4.5(b)(5) for soils classified as A or B; H.A.R. 15-15-25 for other soil types.) The accompanying draft bill is provided for your favorable consideration. (Material to be deleted is bracketed and struck through; material to be added is underscored.) The Planning Director's Background and Recommendation Report and transcripts of the hearings are also enclosed for your information. Sincerely, /~L~ ~ l~~ Rodney Watanabe, Chairman Planning Commission IPUIni[iatedPublicVUrpusesubdivisions cc: Planning Department-Kona Lincoln Ashida, Esq. Q aarnweaz~s~n.ao~-ion vos .' .: .; COUNTY OF HAWAII PLANNING DEPARTMENT - BACKGROUND AND RECOMMENDATION INITIATOR: PLANNING DII2ECTOR s. AMENDMENT TO CHAPTER 23 (SUBDIVISION CODE) AND CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDTTIONI The Planning Director is,initiating an amendment to Chapter 23 (Subdivision Code) and ; Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 edition) relating to subdivision requirements,for public purpose subdivisions:' The proposed amendment seeks to amend' the Subdivision.Code and.the Zoning Code to provide that subdivisions for'.public use do not.rieed to meet the normal subdivision "requirements; including the minimum building site area: BACKGROUND . There is sometimes a need for a subdivision to create a lot that will be conveyed to a~~ governmental agency for a public purpose, such a park, school or libraiy. There are also. subdivisions which set aside public land for specified public purposes, such as forest reserve or transferring•land from one subunit of government to another. In these cases, the normal subdivision standards, especially minimum lot sizes, should not apply. For example; the County may want to build a playing field on an area zoned Agricultural 20-acres (A-20a); and' may need only two acres for the field. The considerations that led to the A-20a zoning, such as the desire to keep the area in low density for Jarger farming units; would not necessarily apply to the public project. Currently, the zoning, and subdivision codes are not clear whether governmental functions, generally, can be exempted from the minimum lot sizes and other typical requirements of a subdivision. Section 23-11 of the Subdivision Code provides that the normal requirements, including lot sizes, "shall not be applicable to public utility and public rights-of--way subdivisions and their remnant parcels." The Zoning Code, in Section 25-4-34, provides that "the required minimum building site area may be waived by the director for public utility or public rights-of--way ATTACH: Cann. 96 Bill 20 subdivisions, or both, and any resulting remnant parcels." The purpose of this bill is to more generally allow waivers by the director for subdivisions for governmental functions and. purposes. The types of subdivisions allowed would be limited by inserting the "public use" definition currently in the Zoning Code, into the Subdivision Code. The amendment would not apply to government subdivisions that created industrial parks or other commercial projects or residential subdivisions. There are safeguards against any problems that such waivers may involve. Under the proposed amendment, the Planning Director could still require necessary improvements. Also, most new public projects involve an environmental assessment process where problems with the project can be~addressed.: The proposed amendment does not. affect the land use aspect of the public project. . Generally, public uses and'baildings are allowed in all.County zoning districts. If the property in question is also within the State Land Use Agricultural district, however; a public use may need a Special Permit, because the State Land Use law allows only "public.institution`s and°buildings which are necessary for agricultural practices" as a matter of right in the Agricultural district. (See H R:S: sac. 205=9:5(li)(5) for soils classified as A orB; H.A.R. 15-15=25for other soil types) Chapter 23 (Subdivisiop)'and Chapter 25 (Zoning) of the'Hawaii County Code 1'983 (2005 edition) is proposed to be amended as attached Planning Department Exhibit Is - (Material to be deleted is bracketed and struck through; material to be added is underscored) RECOMMENDATION For the reasons cited above, the Planning Director recommends that the Planning ,Commission send a favorable recommendation to the Hawaii County Council for the amendment to Chapter 23 (Subdivision) and Chapter 25 (Zoning) pf the Hawaii CountyCode 1983 (2005 edition) relating to subdivision requirements for public purpose subdivisions: Tle accompanying draft bill is provided for your favorable consideration. -2- COUNTY OF HAWAII 4oJ„1Y Os N~k1 ..lo. " STATE OF HAWAII •+e oi'Hi.'A~ ORDINANCE NO. BILL NO. AN ORDINANCE AMENDING CHAPTER 23 (SUBDIVISION CODE) AND CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, 1983 (2005 EDITION) RELATING TO SUBDIVISION REQUIREMENTS FOR PUBLIC PURPOSE SUBDIVISIONS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAFI: SECTION 1.. Purpose. The purpose of this bill is to amend the subdivision code and the zoning code to provide that subdivisions for a public use do not need to meet the normal subdivision requirements, including the minimum building site area. SECTION 2. Section 23-3, "Definitions", Hawaii County Code, 1983 (2005 Edition) is amended by adding a new definition as follows: "Public use" means an activity conducted by the federal state or county government to fulfill a eovernment function activity or service for public benefit and m accordance with ublic olic .Excluded are uses which are not urel a function activit or service of overnment and structures leased b overnment to private entrepreneurs or to nonprofit organizations SECTION 3. Section 23-I 1, Hawaii County Code, 1983 (2005 Edition) is amended to read as follows: Section 23-11. Public utility [e~], public rights-of--way and public purpose subdivisions. The requirements of this chapter, including lot sizes, and standards of this chapter shall not be applicable to public~tirlity or public rights-of--way subdivisions and their remnant parcels, gt'to subdivisions to create lots that will be conve ed to the count state or federal ovemment and ut into ublic use or conveyed from one subunit of eovernment to another and put into public use; provided that the director upon confemng with the director of public works and manager of the department of water supply may require necessary improvements to further the public welfare and safety. SECTION 4. Section 25-4-34, Hawaii County Code, 1983 (2005 Edition) is amended to read as follows: Planning Dept. -1- Exhibit i" 1 1 _~ Section 25-4-34. Waiver of minimum building site area for utilities and public purpose subdivisions. The required minimum building site area may be waived by the director for public utility, [er] public rights-of--way subdivisions, or subdivisions to create lots that will be conveved to the county state or federal government and out into public use, or conveved from one eovernmental subdivision to another and out mto oubhc use, [er teeth], and any resulting remnant parcels. T SECTION 5. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included. SECTION 6. In the event that any portion of the ordinance is declazed invalid, such invalidity shall not affect other parts of this ordinance. SECTION 7. This ordinance shall take effect upon its approval. INTRODUCED BY: Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: COUNCIL MEMBER, COUNTY OF HAWAII -2- PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT NOVEMBER 24, 2008 A regularly advertised hearing on the PLANNING DIRECTOR INITIATED AMENDMENT TO CHAPTERS 23 AND 25 REGARDING PUBLIC PURPOSE SUBDIVISIONS was called to order at 3:06 p.m. in the Hapuna Beach Prince Hotel, Hau Room, 62-100 Kaunaoa Drive, Kohala Coast, Hawaii, with Chairman Rodney Watanabe presiding. PRESENT: Rodney Watanabe ABSENT & EXCUSED: C. Kimo Alameda Takashi Domingo Lani Bowman Frederic Housel Shelly Ogata Andrew Iwashita Rell Woodward Ivan Torigoe, Deputy Corporation Counsel Christopher Yuen, Planning Director Norman Hayashi, Planning Program Manager Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner Maija Cottle, Staff Planner And no one from the public in attendance. INITIATOR: PLANNING DIRECTOR Amendment to Chapters 23 (Subdivision Code) and 25 (Zoning Code), Hawaii County Code 1983 (2005 Edition, as amended) relating to Public Purpose Subdivisions. WATANABE: We are on our Agenda Item No. 7. The initiator is the Planning Director. This involves an amendment to Chapter 23, Subdivision Code, and Chapter 25, Zoning Code, of Hawaii County Code. Mr. Yuen? YUEN: Yes. This is a request to amend the Subdivision Code and the Zoning Code to more generally exempt subdivisions for public purpose from the normal requirements of the Zoning Code. Currently, the Subdivision Code says that the normal requirements of the Subdivision Code don't apply for public utility and rights-of--way subdivisions. So an example of public utility subdivision would be the electric company buys a lot for a substation, and they may buy a piece of property that is in Ag-20 zone, 20-acre minimum lot size, but they don't have to make a 20-acre lot for the substation. It's not clear how far public utilities goes, so the same principle would apply to public use subdivisions generally. To give an example, say, the Division of Environmept Management wanted to get a lot for a transfer station, and the site they chose is in Ag-20 zone; this would mean that they would not have to get, for example, a 20-acre lot, because that's the minimum lot size in the zoning. So this would generally exempt subdivisions that were for a public purpose, which would be things like fire stations, parks, police stations and other kinds of public facilities. This is our first reading on this, and we would not expect action by the Commission; we can discuss and answer questions. We would ask the Commission to take action at the next -. WATANABE: Yes, Mr. Woodward? WOODWARD: 1 have no problem with the bill; Ijust have a grammatical correction on the first page of the ordinance itself. Under Section 23-11, it says, "shall not be applicable to ...." and then, ", or ...." It should be "nor" to make more sense; "not be applicable to public utility or public rights-of--way subdivisions and their remnant parcels, nor to subdivisions ...." Small point but -. WATANABE: Any other comments? Mr. Iwashita? IWASHITA: This is a good clarification of the law, or it might be an extension the way I'm reading it. And I'd like to again commend the Director for initiating this as one of his final acts. WATANABE: Okay. Any further comments? Mr. Housel? HOUSEL: I had one question. You know, the term "public use" here is fairly broad. Does that include, say, public transitional housing? YUEN: It could conceivably include something like that. The definition of "public use" that's shown is taken from the Zoning Code currently; because there is no definition of "public use" in the Subdivision Code, it's had to be put in there. It would have to be run by, or operated by the govemment. But I should mention that something like transitional housing, there are overall housing powers where when the government wants to do something like that, they can get wavers of it. So housing, there typically are ways to do it. And in fact, the project that the County is planning to do in Kaloko Industrial Area went through a waver process. So there're ways for housing to get these kinds of wavers without this provision in the bill here. WATANABE: Yes, Mr. Domingo? DOMINGO: Siting of a solid waste transfer station does not apply in this case? YUEN: This doesn't change what you have to go through to site the transfer station. Typically, that needs, you have an EA process, and then if you are going into the Ag district, public facilities that are other than those necessary for agriculture also need special permits. So typically, for example, if you are going to do a transfer station in the State Land Use Ag dish~ict, you still need a special permit; you'll still need a special permit, if this bill goes through. What it does change is that it makes it simpler to do a subdivision of the lot that you are acquiring, perhaps out of a larger piece of property, in order to do the transfer station. DOMINGO: That's essentially what this bill does to address the subdivision part of the i project, yeah? YUEN: Right. It doesn't change any of the processes for getting the basic approvals. For example, we just did a Kohala School situation that actually went through a rezone -not Kohala School -Kohala Library went through a rezone. And there are public facilities that occasionally come to us in the Ag district for special permits or SMA permits and the like. Those will still need all the same things. WATANABE: Okay? Are we satisfied? So then we'll continue this matter till the next Hilo meetiug where we'll deliberate on that. The discussion ended at 3:13 p.m. Respectfully submitted, Noriko Sauer, West Hawaii Secretary PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT DECEMBER 5, 2008 A regularly advertised hearing on the PLANNING DIRECTOR INITIATED AMENDMENT TO CHAPTERS 23 AND 25 REGARDING PUBLIC PURPOSE SUBDIVISIONS was called to order at 10:28 a.m. in the Office of the Prosecuting Attorney, Conference Room, 655 Kilauea Avenue, Hilo, Hawaii, with Chairman Rodney Watanabe presiding. PRESENT: Rodney Watanabe Takashi Domingo Lani Bowman Frederic Housel Andrew Iwashita Shelly Ogata Rell Woodward ABSENT & EXCUSED: C. Kimo Alameda Ivan Torigoe, Deputy Corporation Counsel Daryn Arai, Acting Planning Director Norman Hayashi, Planning Program Manager Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner Maija Cottle, Staff Planner And 13 people from the public in attendance. INITIATOR: PLANNING DIRECTOR Amendment to Chapters 23 (Subdivision Code) and 25 (Zoning Code), Hawaii County Code 1983 (2005 Edition, as amended) relating to Public Purpose Subdivisions. WATANABE: Agenda Item No. 2, this is the second read of Planning Director initiated amendments to Chapter 23 and Chapter 25. For your information, there's no one signed up to testify from the public so I think I'll tum it over. Norman, are you going to handle this one? HAYASHL Yes. Mr. Chair, since there is no one from the public testifying on this matter, I would suggest that we defer this to the last part of the agenda and take on Item No. since we are slightly behind schedule. WATANABE: Okay, okay. Are there any objections to that? I don't believe so. Okay, then let's -. WOODWARD: I don't have an objection, but I think we're probably ready for a vote on it actually, unless there is more -. HAYASHI: If the Commission is willing to do that the, you know, that's fine. I'll leave it up to the Commission. WOODWARD: I would think we discussed it at the last meeting and seemed to be unanimously in favor of it, so I think that there's not really much that we need to do. WATANABE: Well, let me poll then. Does anyone here foresee any issue with Agenda Item No. 2, the proposed revisions to Chapter 23 and Chapter 25? DOMINGO: No. IWASHITA: No. WOODWARD: No. WATANABE: Then I'll entertain a motion. Mr. Woodward? WOODWARD: Yes. I move that with regard to the Planning Director's initiated amendment to Chapter 23 and Chapter 25, that we send a favorable recommendation to the County Council. WATANABE: Thank you. Do I have a second on that? DOMINGO: Second. WATANABE: Thank you, Mr. Domingo. Any further discussion on this? Maija, you want to handle the vote on this? COTTLE: Yes, thank you. Commissioner Woodward? WOODWARD: Aye. COTTLE: Commissioner Domingo? DOMINGO: Aye. COTTLE: Commissioner Bowman? BOWMAN: Aye. COTTLE: Commissioner Housel? HOUSEL: Aye. COTTLE: Commissioner Iwashita? 2 IWASHITA: Yes. COTTLE: Commissioner Ogata? OGATA: Aye. COTTLE: And Mr. Chair? WATANABE: Aye. COTTLE: Motion passes, seven-zero. WATANABE: Okay, thank you. The discussion ended at 10:30 a.m. Respectfully submitted, Sharon M. Nomura, East Hawaii Secretary PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT NOVEMBER 24, 2008 A regularly advertised hearing on the PLANNING DIItECTOR INITIATED AMENDMENT TO CHAPTERS 23 AND 25 REGARDING PUBLIC PURPOSE SUBDIVISIONS was called to order at 3:06 p.m. in the Hapuna Beach Prince Hotel, Hau Room, 62-100 Kaunaoa Drive, Kohala Coast, Hawaii, with Chairman Rodney Watanabe presiding. PRESENT: Rodney Watanabe ABSENT & EXCUSED: C. Kimo Alameda Takashi Domingo Lani Bowman Frederic Housel Shelly Ogata Andrew Iwashita Rell Woodward Ivan Torigoe, Deputy Corporation Counsel Christopher Yuen, Planning Director Norman Hayashi, Planning Program Manager Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner Maija Cottle, Staff Planner And no one from the public in attendance. INITIATOR: PLANNING DIRECTOR Amendment to Chapters 23 (Subdivision Code) and 25 (Zoning Code), Hawaii County Code 1983 (2005 Edition, as amended) relating to Public Purpose Subdivisions. WATANABE: We are on our Agenda Item No. 7. The initiator is the Planning Director. This involves an amendment to Chapter 23, Subdivision Code, and Chapter 25, Zoning Code, of Hawaii County Code. Mr. Yuen? YUEN: Yes. This is a request to amend the Subdivision Code and the Zoning Code to more generally exempt subdivisions for public purpose from the normal requirements of the Zoning Code. Currently, the Subdivision Code says that the normal requirements of the Subdivision Code don't apply for public utility and rights-of--way subdivisions. So an example of public utility subdivision would be the electric company buys a lot for a substation, and they may buy a piece of property that is in Ag-20 zone, 20-acre minimum lot size, but they don't have to make a 20-acre lot for the substation. It's not clear how far public utilities goes, so the same principle would apply to public use subdivisions generally. To give an example, say, the Division of Environment Management wanted to get a lot for a transfer station, and the site they chose is in Ag-20 zone; this would mean that they would not have to get, for example, a 20-acre lot, because that's the minimum lot size in the zoning. So this would generally exempt