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HomeMy WebLinkAboutCOM 0295.001 2012-2014 0. .•+Zr ps '• �pt William P.Kenoi . • Ittfc•. Duane Kanuha flavor _ Director • • Bobby Command ;7c., Deputy Director West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy • • 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 O C7 w n C E7 July 2, 2013 tai C') rn N � MEMORANDUM w = TO: Ch l irperso - do o, and -mbers of the Council Committee on Planning FROM: t ane Kanu ., Planning Director SUBJECT: Council initiated Bill No. 87 regarding Amendment to Chapter 25, Article 5, of the Hawai`i County Code 1983 (2005 Edition, as amended), to include compost and mulch operations as a permitted use in all Agricultural Zoning District and Limited and General Industrial zoning districts. This bill was heard by the Council's Committee on Planning on June 4, 2013 and was postponed to allow the Council time to address concerns regarding potential impacts to surrounding properties by composting and mulching operations as well as regulatory oversight of such operations by the State Department of Health. After considering the contents of the bill and hearing the Council's discussion on this matter, we feel that the adoption of Bill No. 87, as currently constructed, would be in direct conflict with the requirements of the State Land Use Law (Chapter 205, Hawai`i Revised Statutes) that prohibits composting and mulching operations, as a general class of use, on lands within the State Land Use Agricultural and Rural Districts. The adoption of Bill No. 87 would also attempt to allow for the establishment of such operations within all Agricultural and Industrial-type zoning districts that disregards the existing application of both State and County land use laws by the Planning Department to accommodate composting and mulching operations to the extent that it does not compromise the intent and purpose of these land use districts. Our concerns are explained in further detail below: 1. Bill No. 87, if approved, will allow for composting and mulching operations meeting with the requirements of the State Department of Health, as a permitted use in all Agricultural and Industrial zoning districts. The most important factor to consider is that the State Land Use Law does not distinctly identify composting or mulching operations as a permitted use within the State Land Use Agricultural or Rural Districts. Therefore, any attempt to amend the Zoning Code to allow such operations within these specific Comm. No. aq c. I R f.To L Z�l� 1 ti°w.cohp{ajmin#dcpt.com Hawaii County is an Equal Opportunity Provider and Employer g�mm� a co.n i Re Da-e- Chairperson Kern and Members of the Committee on Planning July 2, 2013 Page 2 State Land Use Districts will be in direct conflict with the State Land Use Law, which states in HRS Section 205-4.5(b), in part: "Uses not expressly permitted in subsection (a) [permitted uses] shall be prohibited, except the uses permitted as provided in sections 205-6 [Special Permits] and 205-8 [non-conforming uses], and construction of single-family dwellings on lots existing before June 4, 1976." (emphasis added) 2. As defined by HRS Section 205-6, a Special Permit would be the proper permitting vehicle to allow for compost and mulching operations within the Agricultural and Rural Districts, with certain exceptions as explained in Item No. 3 below. 3. The Planning Department, in a manner consistent with the State Land Use Law and the Zoning Code, currently allow composting and mulching operations on lands designated Agricultural and Rural by the State Land Use Law that directly support the agricultural operations of the fee or leasehold owner of the property as provided by HRS Section 205- 2(7) which states, in part, that "Bona fide agricultural services and uses that support the agricultural activities of the fee or leasehold owner of the property and accessory to any of the above activities, regardless of whether conducted on the same premises as the agricultural activities to which they are accessory, including farm dwellings as defined in section 205-4.5(a)(4), employee housing, farm buildings, mills, storage facilities, processing facilities....." 4. "organic material" is defined in Bill No. 87, but it does not show up anywhere else within the bill. 5. There are areas around the island that maintain an Agricultural zoning designation, but are also situated within the State Land Use Urban District where if this Bill is approved, it will allow composting and mulching operations upon these Agricultural-zoned lands within these Urban-designated areas, like Kona Palisades, Kona Highlands, and Kona Coastview subdivisions in West Hawaii and Hawaiian Beaches, Shores and Parks subdivisions in East Hawai`i. . Neighbors who have complained of composting operations have identified potential impacts such as: 1. Traffic impact caused by trucks and vehicles delivering and picking up composted material; 2. Potential for biological infestation due to imported greenwaste, such as coqui frogs; 3. Potential for vermin like rats, roaches, etc. due to rotting organic matter; 4. The smells and noise associated with composting operations. 7. If the composting and mulching operations are not managed properly, there is a potential for spontaneous combustion of the compost and mulching stockpile(s) that will be a hazard to other uses and occupants within the subject and adjoining properties. 8. If the County Council is inclined to move forward with the passage of Bill No. 87 as written, then we encourage the inclusion of a minimum lot size that would accommodate such composting and mulching operations in order to provide the necessary land area in the hopes that it address some of the concerns we expressed above, especially regarding adverse impacts upon adjoining properties due to noise, smell and fire hazards. The Council could start with a minimum lot size of 5 acres since that would correlate with the minimum lot size required for lots created within the Agricultural zoning districts. Please consider these comments as you work to refine Bill No. 87, Draft 1.