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Home My WebLink AboutCOM 0047.000 1998-2000 O .-' or ----- William G. Davis 6 ` ' ,i % • Managing Director Stephen K. Yamashiro Mayor - =__Y Henry Cho ?4 : or_1.4;;141:-. Deputy Managing Director ' &nnfg o f Pttfuttii 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720 -4252 • (808) 961 -8211 • Fax (808) 961 -6553 KONA 75 -5706 Kuakiru Highway, Suite 103 • Kailua -Kona, Hawaii 96740 (808) 329-5226 • Fax (808) 326 -5663 December 14, 1998 - Honorable James Y. Arakaki, Chairman -- and Members of the County Council = County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Ordinance No. 166 (REZ 252) Applicant: Jack Ramos Ranch, Inc. Request: Amendment to District Classification and Conditions of Ordinance No. 166 Tax Map Key: 3 -5 -3:27 and 3 -5 -4:8 State Land Use Boundary Amendment Application (SLU 98 -7) Request: Agricultural to Rural Change of Zone Application (REZ 98 -24) Request: A -5a to RA -2a Applicant: Michael K. and Thuy N. Fujimoto Tax Map Key: 6 -2 -11:6 Change of Zone Ordinance No. 93 -76 (REZ 663) Applicant: Pualani Estates, Inc. Request: Extension of Time to Condition C (Secure Final Subdivision Approval) Tax Map Key: 7 -5 -17:28 and 29 Change of Zone Application (REZ 97 -9) Applicant: McClean Honokohau Properties, L.P. Request: A -5a to RS -7.5 to Develop an Active Retirement Community Tax Map Key: 7- 4- 8:Portion of 26 COMM Ne • I1Ie Ne. /FCC NG— Rat. To, - — IflFC 1 c 1QOR O 0 Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 December 14, 1998 Zoning Code Amendment - Chapter 25 Initiator: Planning Director Minimum Yards in the Agricultural and Intensive Agricultural Districts As required by Chapter 4, Sec. 5- 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, e ashiro Mayor L12039801.MAY Enclosures cc: Planning Department 13,11 'S .• o O .'NtV Or 0 Stephen K. Yamashiro i N Mayor Ks Iuuntg of ittftrnii PLANNING COMMISSION 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720 -4252 DEC 1 4 1998 (808) 961 -8288 Fax (808) 961.9615 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Zoning Code Amendment - Chapter 25 Initiator: Planning Director Minimum Yards in the Agricultural and Intensive Agricultural Districts The Planning Commission at its duly held public hearing on December 3, 1998, voted to forward a favorable recommendation on the proposed amendment to Chapter 25 (Zoning Code), Article 5, Sections 25 -5 -76 and 25 -5 -86, of the Hawaii County Code relating to minimum yards in the agricultural and intensive agricultural districts. The intent of the amendments is to delete the words "accessory uses such as" as reference is made to structures rather than uses, and to include minimum rear yards, in addition to the minimum front and side yards, for saran shade and similar fabric shade structures, and plastic roofed and saran shade wooden or metal framed structures. To add minimum rear yards would be consistent with the intent and purpose of minimum yard requirements which are to assure that adequate air and light circulation is sufficient between the structure and boundary lot lines. For your favorable consideration, an amendment to Chapter 25 (Zoning Code), Hawaii County Code, relating to minimum yards in the agricultural district and intensive agricultural district is transmitted. A copy of the background report is also enclosed. Sincerely, Kevin M. Balog, Chairman Planning Commission LMinyd01.pc O O BPDZon03.agk- 9/8/98 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROTJND REPORT PLANNING DIRECTOR INITIATED PROPOSED AMENDMENT TO CHAPTER 25 (ZONING CODE), HAWAII COUNTY CODE, RELATING TO MINIMUM YARDS IN THE AGRICULTURAL DISTRICT AND INTENSIVE AGRICIJT.T1JRAI. DISTRICT The following are the proposed amendment to Chapter 25 (Zoning Code) of the Hawaii County Code, relating to Section 25 -5 -76 Minimum Yards in the Agricultural District, and Section 25 -5 -86 Minimum Yards in the Intensive Agricultural District. The intent of the amendments is to delete the words "accessory uses such as" as reference is made to structures rather than uses, and to include minimum rear yards, in addition to the minimum front and side yards, for saran shade and similar fabric shade structures, and plastic roofed and saran shade wooden or metal framed structures. As defined in Chapter 25, Zoning Code, "'Yard' means an open space on the same building site with a building, which open space lies between the building and the bounding lot lines, and is unoccupied and unobstructed from the ground upward except for landscaping and except for fences, walls, architectural features, pools, porte cocheres, cornices, canopies, roof overhangs, eaves, porches, balconies, terraces, fire escapes, stairs, ramps and other similar features ... ". Section 25 -5 -76 and Section 25 -5 -86 of Chapter 25 (Zoning Code) of the Hawaii County Code, is hereby amended to read as follows. Unless otherwise noted, material to be deleted is bracketed and material to be added is underscored. 1. Section 25 -5 -76, Article 5, Chapter 25 (Zoning Code) of the Hawaii County Code (Agricultural District), is amended as follows: "Section 25 - 5 - 76. Minimum yards. (a) Except as otherwise provided in this section, the minimum yards in the A district shall be thirty feet for front and rear yards, and twenty feet for side yards. 1 0 0 (b) For [accessory uses such as] saran shade and similar fabric shade structures used in controlling amount of sunlight in the raising of plants and flowers, rear, side and front yards in the A district shall be at least ten feet, except where the A district shares common boundaries with urban zones and main government roads. (c) For [accessory uses such as] plastic roofed and saran shade wooden or metal framed structures used in controlling the amount of sunlight, rainfall, wind and other elements of nature in the raising of fruits, vegetables and similar agricultural products, rear, side and front yards shall be at least ten feet except where: (1) Exterior walls of any type other than saran are added to the wooden or metal framed structure; (2) The specific use allowed is abandoned; and (3) The A district shares common boundaries with urban zones and main government roads." 2. Section 25 -5 -86, Article 5, Chapter 25 (Zoning Code) of the Hawaii County Code(Intensive Agricultural District), is amended as follows: • "Section 25 - 5 - 86. Minimum yards. (a) Except as otherwise provided in this section, the minimum yards in the IA district shall be thirty feet for front and rear yards, and twenty feet for side yards. (b) For [accessory uses such as] saran shade and similar fabric shade structures used in controlling amount of sunlight in the raising of plants and flowers, rear, side and front yards in the IA district shall be at least ten feet, except where the IA district shares common boundaries with urban zones and main government roads. -2- 0 0 (c) For [accessory uses such as] plastic roofed and saran shade wooden or metal framed structures used in controlling the amount of sunlight, rainfall, wind and other elements of nature in the raising of fruits, vegetables and similar agricultural products, Tear, side and front yards shall be at least ten feet except where: (1) Exterior walls of any type other than saran are added to the wooden or metal framed structure; (2) The specific use allowed is abandoned; and (3) The IA district shares common boundaries with urban zones and main government roads." -3-