HomeMy WebLinkAboutCOM 0048.000 2010-2012 6�JNSY ^Of M1�
William P. Kenoi William T. Takaba
�' : • Managing Director
Mayor
Wally Lau
* e'oF Hr� Deputy Managing Director
County of Hawaii
25 Aupuni Street • Hilo, Hawaii 96720 • (808) 961 -8211 • Fax (808) 961 -6553
KONA: 75 -5722 Hanama Place, Suite 102 • Kailua -Kona, Hawai'i 96740
(808) 327 -3602 • Fax (808) 326 -5663
December 16, 2010 r
Honorable Dominic Yagong, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Yagong and Members:
Initiator: Planning Director
Amendment to Chapter 25, Hawaii County Code 1983 (2005 Edition, As Amended)
Relating to Use Permits and Telecommunication Towers
Initiator: Planning Director
Amendment to Chapter 25, Hawaii County Code 1983 (2005 Edition, As Amended)
Relating to Use Permits and Schools
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 Leeward and Windward Planning
Commissions' letters and enclosures regarding the above - referenced requests.
Sincerely,
William P. Kenoi
Mayor
Enclosures
cc: Planning Department
Hawai `i County is an Equal Opportunity Provider and Employer Comm. N o. Z /
Ref. To _ C
Ref. Date DEC 2 9 2010
V OF
County of Hawaii
WINDWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720
�p p �++ Phone(808)961 -8288 • Fax(808)961 -8742
U
20 i 0
The Honorable J Yoshimoto, Chairman
and Members of the County Council
County of Hawaii
25 Aupum Street
Hilo, HI 96720
Dear Chairman Yoshimoto and Council Members:
Initiator: Planning Director
Amendment to Chapter 25, Hawaii County Code 1983 (2005 Edition, As Amended)
Relating to Use Permits and Schools
The Windward Planning Commission at its duly held public hearing on November 10, 2010, considered
the Planning Director's request for an amendment to Chapter 25, Hawaii County Code 1983 (2005
Edition as amended) relating to Use Permits and schools.
The Commission voted to forward a favorable recommendation to the County Council on the request.
The draft bill is attached for your favorable consideration. We have also enclosed a copy of the Planning
Director's Background and Recommendation Report, as well as a transcript of the hearing for your
information.
Sincerely,
Rell Woodward, Chairman
Windward Planning Commission
Lpdinitiated- usepermits &schoolsW WPC
Enclosures
cc: Planning Department — Kona
Amy Self, Esq.
Hawai `i County is an Equal Opportunity Provider and Employer
'40 14 .4 r
,tt OF•MF'.1�
County of Hawaii
LEEWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720
Phone(808)961 -8288 • Fax(808)961 -8742
SEC � s 2�io
The Honorable J Yoshimoto, Chairman
and Members of the County Council
County of Hawai `i
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Yoshimoto and Council Members:
Initiator: Planning Director
Amendment to Chapter 25, Hawai `i County Code 1983 (2005 Edition, As Amended)
Relating to Use Permits and Schools
The Leeward Planning Commission at its duly held public hearing on November 24, 2010, considered the
Planning Director's request for an amendment to Chapter 25, Hawaii County Code 1983 (2005 Edition
as amended) relating to Use Permits and schools.
The Commission voted to forward a favorable recommendation to the County Council on the request.
The draft bill is attached for your favorable consideration. We have also enclosed a copy of the Planning
Director's Background and Recommendation Report, as well as a transcript of the hearing for your
information.
Sincerely,
F Chairman
Leeward Planning Commission
Lpdinitiated- usepermits &schoolsLW PC
Enclosures
cc: Planning Department — Kona
Amy Self, Esq.
Hawai `i County is an Equal Opportunity Provider and Employer
BRUSEPermitSchools.doc- 10/28/10
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND AND RECOMMENDATION
INITIATOR: PLANNING DIRECTOR
AMENDMENT TO CHAPTER 25 (ZONING CODE), ARTICLE 2 AND ARTICLE 5
OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED,
RELATING TO USE PERMITS AND SCHOOLS
The Planning Director is requesting an amendment to Chapter 25 (Zoning Code), Article
2 and Article 5 of the Hawaii County Code, 1983 (2005 Edition, as amended), relating to Use
Permits and Schools, to allow landowners and applicants the opportunity to apply for a Use
Permit for the establishment of a school within the Hotel -Resort (V), Industrial- Commercial
Mixed (MCX), General Industrial (MG) and Limited Industrial (ML) zoned districts.
BACKGROUND
The Zoning Code currently allows for the establishment of a school as a permitted use
only upon lands zoned:
Residential - Commercial Mixed Use (RCX)
General Commercial (CG)
Village Commercial (CV)
Neighborhood Commercial (CN)
Industrial- Commercial Mixed (MCX)
The Zoning Code also allows for the establishment of a school through the issuance of a
Use Permit by the Planning Commission for lands zoned:
Single Family Residential (RS)
Double Family Residential (RD)
ATTACH: Corr m. 48
Bill 14
Multiple Family Residential (RM)
Residential- Agricultural (RA)
Family Agricultural (FA)
Agricultural (A)
Over the years, there have been a number of occasions where landowners have
approached the County to pursue the opportunity of establishing a school on lands whose zoning
classification is not identified above, more specifically, the Hotel -Resort (V), Industrial -
Commercial Mixed (MCX), General Industrial (MG) and Limited Industrial (ML) zoned
districts. Since these zoned districts are not identified as the proper zoned districts where a Use
Permit may be considered, the landowners of these specifically zoned properties do not have the
opportunity to apply for a Use Permit.
Some of these proposals on lands zoned for resort and industrial uses appear to be
absolutely reasonable and its location could be perfect for the establishment of a school. For
example, a culinary school within a Resort-zoned area will not be allowed since schools are not
permitted within the Resort-Hotel -zoned district and the opportunity to apply for a Use Permit is
not provided by the Zoning Code. A veeRtienxl school is not permitted in
+he Industrial -zoned distr4and again, there is no opportunity to apply for a Use Permit. Both of
these schools, `certain circumstances, would appear to be a totally reasonable thing to permit
within their respective zoned districts, but the Zoning Code simply doesn't provide them with an
opportunity to even be considered.
Since the land is not classified within any of the specified zoned districts that allows for a
Use Permit, the landowner has no option other than to rezone the property to one of the zone
-2-
districts that allows one to apply for a Use Permit or a Commercial -type of zoning, which allows
schools as an outright permitted use. But rezoning a particular parcel to a Commercial -type of
zone district is not always desirable or may conflict with the land use pattern for that particular
area. Once a Commercial -type of zoning is established, a range of other uses such as stores,
restaurants and other possibly incompatible uses will then be permitted. Rather than attempt to
manipulate the zoning of a parcel, we feel that the most effective and direct approach is the
preferred course of action, which is to amend the Zoning Code to simply allow someone the
opportunity to apply for a Use Permit.
The basic intent of this proposed amendment is clear. It is to provide an opportunity for a
landowner to apply for a Use Permit to establish a school on properties with a zoning
classification other than a Commercial -type district. Like other applicants for a Use Permit, the
landowners /applicant must still come before the Planning Commission who must then determine
whether its approval would be consistent with the guidelines for the issuance of a Use Permit as
defined within the Zoning Code. Use Permits also affords the Planning Commission an
opportunity to provide greater control over the use of land by limiting the scope of use, hours of
operation and other factors that zoning itself may not allow.
RECOMMENDATION
For the reasons stated above, the Planning Director recommends that the Planning
Commission forward a favorable recommendation of the accompanying bill to the County
Council to amend Chapter 25, Article 2 and Article 5 of the Hawaii County Code 1983
(2005 Edition, as amended), relating to Use Permit and Schools.
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JM t - 4 OF M1�1
COUNTY OF HAWAII • �• STATE OF HAWAII
�r� cs
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2 AND ARTICLE 5, OF THE
HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO USE
PERMITS AND SCHOOLS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 25, article 2, division 6, section 25 -2 -61 of the Hawaii County
Code 1983 (2005 Edition, as amended), is amended by amending subsection (a) to read as
follows:
"(a) The following uses shall be permitted within designated County zoning districts
only if a use permit is obtained for the use from the commission:
(1) Bed and breakfast establishments in RS districts.
(2) Crematoriums in all districts.
(3) Churches, temples and synagogues, including meeting facilities for
churches, temples, synagogues and other such institutions, in RS, RD,
RM, RA, FA and A districts; provided that a minimum building site area
of ten thousand square feet is required within the RS, RD, RM, and RA
districts.
(4) Day care centers in RS, RD, RM, RA, FA and A districts, provided that a
minimum building site area of ten thousand square feet shall be required
within the RS, RD, RM, and RA districts.
(5) Golf courses and related golf course uses including golf driving ranges,
golf maintenance buildings, and golf club houses in the RS, RD, RM,
RCX, RA, FA, A, V, CG, CV, and O districts.
(6) Group living facilities that exceed the criteria in subsection 25- 1 -5(b),
paragraph (b) of the definition of "group living facility" in the RS, RD,
RM, RCX, RA, FA, A, CN, CG, CV, and V districts.
(7) Hospitals, sanitariums, old age, convalescent, nursing and rest homes, and
other similar uses devoted to the care or treatment of the aged, the sick, or
the infirm in the RS, RD, RM, RCX, RA, FA, A, and V districts, provided
that a minimum building site area of ten thousand square feet shall be
required within the RS, RD, RM, RCX and RA districts.
(8) Major outdoor amusement and recreation facilities in RS, RD, RM, RCX,
RA, A, CN, CG, CV, MCX, ML, MG and O districts.
(9) Mortuaries in RS, RD, RM, RCX, RA, FA and A districts.
(10) Schools in RS, RD, RM, RA, FA [and] A V, MCX, ML and MG
districts, provided that a minimum building site area of ten thousand
square feet shall be required within the RS, RD, RM, and RA districts.
(11) Telecommunication antennas and towers in RS, RD, RM, RCX, RA, FA,
A and IA districts.
(12) Yacht harbors and boating facilities in the RS, RD, RM, RCX, RA, V, CG,
CV, MCX, ML, MG and O districts.
(13) Wind energy facilities in the O district; provided that the property is
within the state land use agricultural district.
(14) Other unusual and reasonable uses which are not specifically permitted in
any zoning district with the approval of the director and the concurrence of
the council by resolution."
SECTION 2. Chapter 25, article 5, division 9, section 25 -5 -92 of the Hawaii County
Code 1983 (2005 Edition, as amended), is amended by amending subsection (b) to read as
follows:
"(b) In addition to those uses permitted under subsection (a) above, the following uses
may be permitted in the V district, provided that a use permit is issued for each
use:
(1) Crematoriums.
(2) Golf courses and related golf course uses, including golf driving ranges,
golf maintenance buildings and golf club houses.
(3) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(4) Schools.
[ ( 4)](5)Yacht harbors and boating facilities."
SECTION 3. Chapter 25, article 5, division 13, section 25 -5 -132 of the Hawaii County
Code 1983 (2005 Edition, as amended), is amended by amending subsection (b) to read as
follows:
"(b) In addition to those uses permitted under subsection (a) above, the following uses
may be permitted in the MCX district, provided that a use permit is issued for
each use:
(1) Crematoriums.
(2) Major outdoor amusement and recreation facilities.
(3,) Schools.
[(3-)](4)Yacht harbors and boating facilities."
SECTION 4. Chapter 25, article 5, division 14, section 25 -5 -142 of the Hawaii County
Code 1983 (2005 Edition, as amended), is amended by amending subsection (b) to read as
follows:
"(b) In addition to those uses permitted under subsection (a) above, the following uses
may be permitted in the ML district, provided that a use permit is issued for each
use:
(1) Crematoriums.
2
(2) Major outdoor amusement and recreation facilities.
Schools.
[(4)]f4Yacht harbors and boating facilities."
SECTION 5. Chapter 25, article 5, division 15, section 25 -5 -152 of the Hawaii County
Code 1983 (2005 Edition, as amended), is amended by amending subsection (b) to read as
follows:
"(b) In addition to those uses permitted under subsection (a) above, the following uses
may be permitted in the MG district, provided that a use permit is issued for each
use:
(1) Commercial excavation.
(2) Crematoriums.
(3) Major outdoor amusement and recreation facilities.
Schools.
I
i
SECTION 6. Material to be repealed is bracketed and stricken. Material to be added is
underscored. In printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
SECTION 7. If any provision of this ordinance, or the application thereof to any person
or circumstance, is held invalid, such invalidity shall not affect other provisions or applications
of the ordinance which can be given effect without the invalid provision or application, and to
this end the provisions of this ordinance are declared to be severable.
SECTION 8. 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 2 " Reading:
Effective Date:
3
a
WINDWARD PLANNING COMMISSION
COUNTY OF HAWAII
HEARING TRANSCRIPT
NOVEMBER 10, 2010
A regularly advertised hearing on the PLANNING DIRECTOR'S AMENDMENT TO
CHAPTER 25 RELATING TO USE PERMITS AND SCHOOLS was called to order at
11:49 a.m. in the County of Hawaii Councilroom , County Building, 25 Aupuni Street, Hilo,
Hawaii, with Chairman Rell Woodward presiding.
COMMISSIONERS PRESENT: Rell Woodward, Dean Au, Takashi Domingo, Zendo Kern,
and Wallace Ishibashi.
STAFF PRESENT: Gerald Takase (Deputy Corporation Counsel), BJ Leithead Todd
(Planning Director), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner) and
Maija Cottle (Staff Planner).
And 5 people from the public in attendance.
ABSENT AND EXCUSED: Stephen Ono
INITIATOR: PLANNING DIRECTOR
Amendment to Chapter 25 (Zoning Code), Article 2 and Article 5 of the Hawaii County Code,
1983 (2005 Edition, as amended), relating to Use Permits and Schools.
WOODWARD: The next item on the agenda is No. 6. Initiator is Planning Director,
Amendment to Chapter 25, Article 2 and Article 5 of the Hawaii County Code relating to Use
Permits and Schools. Mr. Arai, are you going to do this one?
ARAI: Yes. The proposed bill that's before you is to amend the Zoning Code in order to allow
the landowners and the applicants the option of applying for a use permit to establish a school in
the Industrial -zoned district and in the Resort-zoned district. The Zoning Code currently
prohibits schools within, as an outright permitted use within certain Industrial -zoned districts and
the Resort-zoned district. And it also prohibits even consideration of a Use Permit application to
allow schools within those zoned districts. So this particular attempt here is simply to provide
those opportunities. Because as explained in the background report there are schools that could
be considered very reasonable within either the Resort- or the Industrial -zoned districts. And we
feel that we should at least provide for those opportunities.
On page 2 of your background report, our apologies but we did misspeak. In the second
paragraph which starts off, "Some of these proposals on lands zoned for resort and industrial
uses," if you look further down in the middle of the paragraph there's a sentence that starts off
"A vocational school that teaches welding is not permitted in the Industrial -zoned district." That
is not entirely correct. We discovered that vocational schools are permitted within the Limited
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Industrial -zoned district. It is not permitted in other Industrial -zoned areas. So that sentence is
not entirely correct. If you will allow me, I would like to just simply state what I think is the
proper sentence. It doesn't change the recommendation, it just clarifies it. That sentence should
read, "A school is not permitted in certain Industrial -zoned districts and, again, there is no
opportunity to apply for a Use Permit." And the following sentence should read, "Both of these
schools," include the word "'in' certain circumstances, would appear to be a totally reasonable
thing to permit...." And the remainder of the sentence will remain as structured.
With that being said, the Director encourages you to vote favorably on this proposed request. I
stand ready for any questions.
WOODWARD: Very good. All right, any questions? Seems fairly straight forward to me.
Okay, anybody from the public? Nobody from the public, Sharon?
NOMURA: One.
WOODWARD: One.
ARAI: Mr. Chairman?
WOODWARD: Yes.
ARAI: My apologies, we do have letters that were submitted in support of this application.
Letter from Kumu Lehua Veincent, Principal of Keaukaha School. Li`i Nahiwa of the
University of Hawaii also submitted testimony. Donnette Leilani Kapono by letter dated
November 1 St also submitted testimony. Leinam Whittaker of Ka`Umeke Kd'eo , Olani Lilly,
and Ka`aka Swain all submitted testimony in support of this bill. And copies have been
distributed to all of you.
WOODWARD: Right. Okay, thank you. And we have Ms. Leilani Lilly here to amplify on her
testimony, I guess.
LILLY: Yes.
WOODWARD: Okay. All right, good morning. If I could get you to raise your right hand. Do
you swear or affirm to tell the truth today before the Windward Planning Commission?
LILLY: I do.
WOODWARD: Very good. If you'll give us your name and address and then you may begin.
LILLY: My name is Olani Lilly. My work address is 222 Desha Avenue in Keaukaha, Hilo.
WOODWARD: Okay.
LILLY: You need my residential address as well?
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WOODWARD: No, that's fine.
LILLY: I represent Ka`Umeke Kd'eo, Hawaiian Immersion Public Charter School, located in
Keaukaha. We are in support of this amendment. You have my testimony. I won't say anything
more, except that we hope that you support this amendment as well. And I think it has broader
implications for charter schools, which are so vibrant on this island. It will probably provide
more opportunities for them to be located within the community that they serve. Mahalo.
WOODWARD: Very good. Thank you. Any questions for Ms. Lilly? No. Thank you very
much. Yu may be seated. Okay, would somebody like to make a motion? Commissioner
Domingo.
DOMINGO: Mr. Chairman, I move for the approval of the submission by the Planning Director
with regards to the Zoning Code Amendment.
WOODWARD: Favorable recommendation?
DOMINGO: Yes.
WOODWARD: Okay. We have a second?
KERN: Second.
WOODWARD: Okay. Any discussion?
DOMINGO: Mr. Chairman, I just note that, you know, now we're going to permit these schools
to be situated in Industrial areas. I think it's appropriate cause we have that new zoning
designation, the MCX, which provides for commercial uses and industrial uses, combination. So
I think this is, it complements each other.
WOODWARD: All right, very good. Madam Director.
LEITHEAD TODD: Just for informational purposes, you know, one of the reasons we included
Industrial was the fact that at NELHA there actually is a charter school that has been using its
facilities, because not all Industrial is the same; and that one, you know, their students are
actually involved with some of the projects there. And then on the Resort, what, where some of
this came up was in Keaukaha. There are specific properties that are actually zoned Resort that
are not being utilized as resort properties; and because the structures are larger they kind of lend
themselves to potential uses of a charter school. One is the old Doc Hill property which is being
used just as an office right now for the Charter School, and then the other is the Bay Clinic. And
while the property owners are amenable to letting charter schools operate there they were kind
of, well, they were hesitant to go and unzone or change the zoning of their properties, because
you know how hard it is to get Resort zoning on this island. That's what prompted this.
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WOODWARD: All right, thank you. Any further discussion? Okay, seeing none, Daryn, let's
take a vote.
ARAI: Commissioner Domingo?
DOMINGO: Aye.
ARAI: Commissioner Kern?
KERN: Aye.
ARAI: Commissioner Au?
AU: Aye.
ARAI: Commissioner Ishibashi?
ISHIBASHI: Aye.
ARAI: And Mr. Chairman?
WOODWARD: Aye.
ARAI: Mr. Chairman, motion carries with five aye votes.
WOODWARD: Very good.
The discussion ended at 11:5 a.m.
Respectfully submitted, N
Sharon M. Nomura, Secretary
Windward Planning Commission
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L
LEEWARD PLANNING COMMISSION
COUNTY OF HAWAII
HEARING TRANSCRIPT
NOVEMBER 24, 2010
A regularly advertised hearing on the PLANNING DIRECTOR INITIATED AMENDMENT
TO CHAPTER 25, RELATING TO USE PERMITS FOR SCHOOLS was called to order at
11:20 a.m. in the King Kamehameha's Kona Beach Hotel, Ballroom I, 75 -5660 Palani Road,
Kailua -Kona, Hawaii, with Chairman Frederic Housel presiding.
COMMISSIONERS PRESENT: Frederic Housel, Brandi Beaudet, Lani Bowman, Thomas
Hickcox and Richard Nelson
ABSENT AND EXCUSED: Geraldine Giffin and Wayne Iokepa
STAFF PRESENT: Brandon Gonzalez (Deputy Corporation Counsel), BJ Leithead Todd
(Planning Director), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner) and
Maija Cottle (Staff Planner)
And one person from the public in attendance.
INITIATOR: PLANNING DIRECTOR
Amendment to Chapter 25 (Zoning Code), Article 2 and Article 5 of the Hawaii County Code,
1983 (2005 Edition, as amended), relating to Use Permits for Schools within the Hotel -Resort (V),
General Industrial (MG), Limited Industrial (ML) and Industrial- Commercial Mixed (MCX) zoned
Districts.
HOUSEL: The next item on our agenda is Item No. 7. The initiator is the Planning Director, and
this is an amendment to Chapter 25, Zoning Code, Article 2 and Article 5 of the Hawaii County
Code 1983, relating to the use permits for schools within the Hotel- Resort, General Industrial,
Limited Industrial and Industrial- Commercial Mixed zoned districts. Daryn, would you like to give
us a little more information?
ARAI: Sure. Good morning, Mr. Chairman and Commissioners. The purpose of the bill before
you is basically to provide an option to landowners and applicants to apply for a use permit to allow
the establishment of schools within the Hotel -Resort and various Industrial zone districts.
Presently, the Zoning Code does permit schools outright as a permitted use within various
Commercial designated districts. It also allows by a use permit granted by the Planning
Commission the opportunity to allow schools within Residential and Agricultural zoned districts.
Unfortunately, the Zoning Code currently prohibits the opportunity to apply for a use permit within
certain Industrial zoned districts, as well as the Resort Hotel zoned districts. Again, this proposed
bill simply provides that opportunity for one to apply; the Commission must still act on it before
granting the proposed use.
And the background and recommendation report that you have before you, if you were to refer to
Page 2, in the second to last paragraph, about the middle of the paragraph, there is a sentence that
starts off, "A vocational school that teaches welding is not permitted in the Industrial -zoned
district "; that is not a correct statement. Upon looking further we realized that a vocational school
is a permitted use within the Limited Industrial zoned district. So I would like to clarify that
1
sentence, if I may, and that sentence should read, "A school is not permitted in certain Industrial
zoned districts and again, there is no opportunity to apply for a Use Permit. Both of these schools,
certain circumstances," and then complete the sentence as currently worded.
So with that, I hope you consider a favorable action on this proposed bill.
LEITHEAD TODD: I would like to comment. The reason this bill originated is we were
approached by charter schools who have had difficulty finding specific properties that are suitable.
And a couple of the properties in the Hilo area that they were interested in were zoned Resort, but
we couldn't allow them to use the properties for school purposes because there was no process to do
so. The other one is NELHA, which is zoned Industrial, and has had West Hawaii Explorations
Academy there. And what we were finding is that with the changes in the way schools approach
teaching with the creation of charter schools and also the future of what we think might be a little
niche schools, you know, that address a particular type of schooling, that we needed to have more
flexibility. The reason we went with use permit as opposed to permitted use is is that because of the
specific issues related to traffic or what else is going on in the area, there may need to be specific
conditions, times that we need to address specific concerns that may arise, if you place something in
an industrial area — you know, like, an industrial area like NELHA is very different from an
industrial area which is warehouses and storage and things like that. But we think that this will give
us some flexibility to meet the changing needs of educational community.
HOUSEL: Thank you.
BOWMAN: So, I have a question, just because my concern was in industrial areas, but I assume
then with the use permit they would be scrutinized as far as the safety -.
LEITHEAD TODD: Yes. And then the conditions, we would recommend conditions and the
Commission would have the ability to put conditions on the schools. I'm thinking like, it may be
that there are specific uses that you might like; like if you did a mixed industrial - commercial,
somebody might want to do a culinary school or something, you know, like that. And it's just that
what we found is that educational community has changed and adapted more quickly than our Code
has. So we are trying to catch up.
ARAI: Mr. Chairman?
HOUSEL: Sure.
ARAI: Just for the Commissioners' information, I failed to mention that we do have letters in
support of this proposed bill from the University of Hawaii, the Department of Education and Ka`u
Meke Ka`eo, and those letters have been distributed to you.
HOUSEL: And there are no letters of opposition, is that correct?
ARAI: None.
HOUSEL: Okay, thank you. Any other questions of staff? Would someone like to make a motion?
NELSON: I move the Planning Director's amendment to Chapter 25, Zoning Code, Article 2 and
Article 5 of the Hawaii County Code, relating to use permits be approved.
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HOUSEL: Motion from Commissioner Nelson for approval. Second?
BEAUDET: I second.
HOUSEL: Seconded by Commissioner Beaudet. Daryn, would you like to take the roll call?
ARAI: Yes, Mr. Chairman. Commissioner Nelson?
NELSON: Yes.
ARAI: Commissioner Beaudet?
BEAUDET: Aye.
ARAI: Commissioner Bowman?
BOWMAN: Aye.
ARAI: Commissioner Hickcox?
HICKCOX: Aye.
ARAI: Mr. Chairman?
HOUSEL: Aye.
ARAI: Mr. Chairman, motion to approve carries with five aye votes.
HOUSEL: Thank you, Daryn.
The discussion ended at 11:27 a.m.
Respectfully submitted,
Noriko Sauer, Secretary
Leeward Planning Commission
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