HomeMy WebLinkAboutCOM 0096.001 2008-2010
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w+., BJ Leithead Todd
William P. Kenoi yl;t
Acting Deputy Pluming Director
Mayor
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County of Hawaii
PLANNING DEPARTMENT -n
nupuni Center • 101 Puuahi Street, Suite 3 e Hilo, Hawaii 96720
Phonc (808) 961-8288 • Fax(809)961-8742 c ^
February 5, 2009
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The Honorable J. Yoshimoto, Chairman
and Members of the Hawaii County Council
25 Aupuni Street, #209
Hilo, HI 96720
Re: County Council Bill 20, Communication 96 - Planning Director Initiated Amendments to "
Chapters 23 and 25 Regarding Public Purpose Subdivisions
Dear Chairman Yoshimoto and Council Members:
The attached amended draft bill is being transmitted to the County Council to provide clarifying
language regarding the definition of "public purpose" and to correct the reference to a unit or
subunit of government for the conveyance of lots created by a public purpose subdivision. It
also corrects a typographical error in the title of the bill, by removing an errant comma placed
after the phrase "Hawai`i County Code".
As you may recall, 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.
Those proposed amendments seek 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 those proposed
amendments.
The attached proposed draft incorporates the original amendments, the newly inserted clarifying
language, and the correction of the typographical error in the title. Material to be deleted is
bracketed and struck through; material to be added is underscored with the most recent
amendments to Bill 20 in bold, as follows:
I-liiwai'i County is an equal opportunity provider and employer Comm. No. 9ep
Ref. To..
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Ref. Date r tg
The Honorable J. Yoshimoto, Chairman
and Members of the Hawaii County Council
February 5, 2009
Page 2
1. Correct typographical error in title:
AN ORDINANCE AMENDING CHAPTER 23 (SUBDIVISION CODE) AND
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE[51 1983 (2005
EDITION) RELATING TO SUBDIVISION REQUIREMENTS FOR PUBLIC
PURPOSE SUBDIVISIONS.
2. Add clarifying language:
SECTION 2. Section 23-3, "Definitions", Hawai `i County Code, 1983 (2005 Edition) is
amended by adding a new definition as follows:
"Public use" and "public purpose" means an activity conducted by the federal, state, or
county government to fulfill a government function, activity, or service for public benefit
and in accordance with public policy. Excluded are uses which are not purely a function,
activity or service of government and structures leased by government to private
entrepreneurs or to nonprofit organizations.
3. Add clarifying language:
Section 23-11. Public utility [er], 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 utility or public rights-of-way subdivisions and their
remnant parcels, nor to subdivisions to create lots that will be conveyed to the county,
state or federal government and put into public use or conveyed from one unit or
subunit of government to another and put into public use; provided that the director upon
conferring 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.
The Planning Director's Background and Recommendation Report and transcripts of the
hearings were provided to the County Council via an earlier transmittal.
Sincerely,
BJ LEITHEAD TODD
Acting Deputy Planning Director
11 :Awp60APCAPCC2009-1A11 DlnllluletIPubliePurposeSubdivisionsAniend.dnc
cc: Planning Department-Kona
Lincoln Ashida, Esq.
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COUNTY OF HAWAII STATE OF HAWAII
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BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 23 (SUBDIVISION CODE) AND
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE[,l 1983
(2005 EDITION) RELATING TO SUBDIVISION REQUIREMENTS FOR
PUBLIC PURPOSE SUBDIVISIONS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
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", Hawai'i County Code, 1983 (2005
Edition) is amended by adding a new definition as follows:
"Public use" and "public purpose" means an activity conducted by the federal,
state or county government to fulfill a government function, activity, or service
for public benefit and in accordance with public policy. Excluded are uses which
are not purely a function activity, or service of government and structures leased
by government to private entrepreneurs or to nonprofit organizations.
SECTION 3. Section 23-11, Hawai'i County Code, 1983 (2005 Edition) is
amended to read as follows:
Section 23-11. Public utility [of], 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 utility or public rights-of-way
subdivisions and their remnant parcels, nor to subdivisions to create lots that will
be conveyed to the county, state or federal government and out into public use, or
conveyed from one unit or subunit of government to another and put into public
use; provided that the director upon conferring 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, Hawai'i County Code, 1983 (2005 Edition) is
amended to read as follows:
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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, [of] public rights-of-way subdivisions, or subdivisions to create
lots that will be conveyed to the county, state or federal government and put into
public use or conveyed from one governmental unit or subunit to another and
put into public use, [er beth], and any resulting remnant parcels.
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 declared invalid,
such invalidity shall not affect other parts of this ordinance.
SECTION 7. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of Ist Reading:
Date of 2nd Reading:
Effective Date:
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