HomeMy WebLinkAboutREP PC 119 10/17/2000 1998-2000 REPORT OF THE
COMMITTEE ON PLANNING
DATE: October 17, 2000 Re: C-734/Bill No. 240
PLACE: Councilroom
TIME: 2:09 p.m.
Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Bill No. 240, transmitted by Council Member
J. Curtis Tyler III per Communication No. 734, dated April 4, 2000, regarding an amendment to bed and
breakfast establishments, reports as follows:
Bill No. 240, amends Section 25-4-7 of Chapter 25 (Zoning Code), of the Hawaii County Code 1983
(1995 Edition) relating to Bed and Breakfast establishments.
Committee Member Tyler initiated the amendments to the code, and pursuant to the Hawaii County Code,
Bill No. 240 was referred to Your Committee on April 18, 2000, then referred to the Planning
Commission. The Planning Commission then amended the original draft to Bill No. 240, Draft 2, by
further amending Sections 25-1-5, 25-2-73 and Section 25-4-7, and transmitted it back to Your Committee
on September 29, 2000, via Communication No. 734.004.
The original draft included some minor grammatical changes and eliminated the plan approval
requirements. The Planning Commission, on September I5, 2000, recommended a favorable
consideration for Bill No. 240, Draft 2, which included the following amendments:
I . "To allow a bed and breakfast establishment within two (2) dwellings and a guest house
on a building site. This is clarified in that a bed and breakfast establishment may he
located within a single family dwelling, second dwelling unit, and/or guest house. A
second dwelling unit is a separate or attached unit and may include an ohana dwelling. It
is further clarified that a guest house is defined and restricted in accordance with the
Zoning Code as follows:
a) Section 25-1-5(b)(55~`Guest house means an accessory building used as
sleeping quarters for guests by the occupants of the main dwelling and having no
cooking facilities.'
b) Section 25-4-9. Guest houses. `One guest house may only be established on a
building site that is at least seven thousand five hundred square feet in area. A
guest house shall not exceed five hundred square feet in gross floor area, shall not
be more than twenty feet in height, and shall not have a kitchen.'
Therefore to clarify further, the variations for a bed and breakfast establishment could be:
within the operator's dwelling, one additional dwelling and a guest house; within two
permitted dwellings and a guest house; within a duplex dwelling and a guest house; within
the operator's dwelling and a guest house; within the second dwelling and a guest house;
within only the operator's dwelling; within only the second dwelling unit; or within only
the guest house.
PC-119
PC-119 Page 2 October 17, 2000
2. To delete the Plan Approval provision for bed and breakfast establishment. Bed and
breakfast establishment is already a permitted use within the RD, RM, RCX, V, CN, CG
and CV. However, plan approval is required for all new structures and additions to
existing structures in those districts.
For Use Permit and Special Permit, the applicant is already required to submit the
proposed plans with the application and most of the information required by Plan
Approval. If further information is needed, the applicant could reflect those on the
required plot plan, including landscaping, parking, etc. With regards to documentation
relating to transient accommodations tax license and general excise tax license,
compliance with requirements of Department of Health and Americans with Disabilities
(ADA), one of the conditions of approval for a permit is that the applicant needs to
comply with all applicable agency requirements.
3. To clarify that the bed and breakfast establishment is not listed as a permitted use within
the RA, FA, and A zone districts. To clarify that in the RA, FA, and A districts that are
within the state land use urban district, bed and breakfast establishments may be permitted
provided a use permit is obtained for such use.
4. To clarify that breakfast meals must be approved by the Department of Health, and that
the serving of breakfast meals is to only registered guests on the building site, and further
clarify the term `food service establishment' such as restaurants.
5. To delete the limitation that bed and breakfast establishment is not permitted on a building
site where an ohana dwelling was approved. The proposed bill is to also allow bed and
breakfast establishment within a second dwelling unit, which may include an ohana
dwelling.
6. To allow an additional six (6) for existing bed and breakfast establishments to secure the
required permits or approvals."
At today's meeting, Committee Member Tyler circulated a proposed working draft, which further amended
the bill with the following amendments:
I . Page 1. SECTION L (b) (13)
Amend it to read: "Bed and Breakfast establishment" means any single-family dwellings
and/or guest houses (pursuant to section 25-4-9), which have been permitted on a building
site, in which overnight accommodations and only breakfast meals are provided to a
maximum often guests, for compensation, for periods of less than thirty days."
2. Page 2. SECTION 3. (B) (3)
Amend it to read: "The bed and breakfast establishment may be located on a building site
within any single-family dwellings, and/or guest houses (pursuant to section 25-4-9)."
PC-1 19
PC-119 Page 3 October 17, 2000
3. Page 3. (4)
Retain paragraph #4 in its entirety.
4. Page 3. (5)
Delete paragraph #5 in its entirety, and renumber the remaining paragraphs.
5. Page 3. (7)
In the parenthesis, "such as" replaces the word "with".
6. Page 4. (d)
At the top of the page, in the first line of the underscored new language, "twelve months"
replaces "six months."
Because Your Committee considered these amendments as insignificant changes, no motion was required.
Your Committee will incorporate these amendments into Bill No. 240, Draft 3, and submit it to the
Council for consideration. Your Committee did not entertain further discussion on this measure.
Your Committee concurs with the Planning Commission and the Planning Director for recommending a
favorable consideration for the bed and breakfast amendments.
Your Committee on Planning is in accord with the intent and purpose of Bill No. 240, Draft 2, as amended
to Bill No. 240, Draft 3, and recommends it pass first reading.
AYES NOES A & F EX
LEfI'HEAD-TODD X Respectfully submitted
TYLER X
CHUNG X COMMITTEE O PLAN I G
ELARIONOEE X _
JACORSON X _
PISICCnlO x BB JEAN LEITHEAD-TODD, CHAIR
SMI'iH X
YAGONG X PC REPORT NO. 119
ARAKAKI E.O.M. ADOPTED: ~ 2 9 Z~