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HomeMy WebLinkAboutREP PEDLC 017 10/09/1969 1969-1972 PLANNING, ECONOMIC DEVELOPMENT AND LEGISLATIVE COMMITTEE REPORT NO 17 • Councilmen County of Hawaii Hilo, Hawaii The following are the recommendations of the Planning, . Economic Development and Legislative Committee which were considered at its meeting of October 9, 1969 : COWUNICATIONS a,..• No . 198.2: Assistant Corporation Counsel Re : Categorized Report of Crime Incidents in County of Hawaii Parkszfor the Period from January 1967 to April 1969 (C-198•l/PEDLC-10) Submits to the Council his study -and recommendations on the problems of effective surveillance over our • parks and recreational facilities and •the enforce- ment of the laws in our books today. Recommends the adoption of an ordinance regulating the use and enjoyment of our local parks by our local and transient population -on a fair and equal basis, and the implementation of some method by - which these rules and regulations may be effectively enforced . Recommends also that this County with other counties formulate language which would withstand the attack of unconstitutionality and effectively carry out the purpose of the vagrazrcy law: Refer back to the Corporation Counsel to study our vagrancy law and to formulate language which would withstand the attack of unconstitutionality. This improved version of the law • would then be submitted to the Hawaii State Association of Counties for possible legislative action. C !Q8..3/� 19's.) )4e- ?9- ADOPTED: October 15, 1969Report No. /7 File No. Pf=D/C,C M. B. No. \\\� Date: OCT q.5---.ma_ PEDLC-17 - 2 - Oct . 9, 1969 , , ('D„"„. No . 498: Henry K. Boshard, Chairman, Planning Commission Re : Amendment to the Zoning Ordinance No . 63 as requested by Teshima Enterprises, Inc . , from Single-family Residential (RS-7 .5) designation to Village Commercial (CV-7 .5) in Kawanui 1st, North Kona, Hawaii . (TMK: 7-9-14:14, 15 and 16) Recommends approval of the attached proposed bill (No . 647) to change the district classification of the above parcel to a Village Commercial District with a required building site area of 7, 500 sq. ft . : Recommends the adoption of bill No . 647 on second and final reading. , No . 499: Henry K. Boshard, Chairman, Planning Commission Re : Rezoning Request - Keaau Land Company, Ltd . , Keaau, Puna, Hawaii (TMK: 1-6-03 :61) Recommends approval of the attached proposed bill (No . 648) to change the district classification from Single-family Residential (RS-15) to Single- family Residential (RS-10) in Keaau, Puna, Hawaii : Recommends the adoption of • bill No . 64$ on second and final reading. cD�`^Ano . 500: Henry K. Boshard, Chairman, Planning Commission Re : Rezoning Request - American Trading Co . , Ltd . , Waiakea, South Hilo, Hawaii (TMK: 2-2-3 2:Por. of 24) Recommends approval of the attached proposed bill (No . 649) to change the district classification from a Limited Industrial (TSL-20) to a Neighborhood Commercial (CN-10) in Waiakea, South Hilo, Hawaii : Recommends the adoption of bill No . 649 on second and final reading. A„0„. No . 504: John C . Lanham, Chairman, . Senate Lanus and Natural Resources Committee Requests the presence of the Council Chairman or a representative member of the Council to testify at a public hearing called on Section 46-6, HRS, PEDLC-17 - 3 - Oct . 9, 1969 No . 50L. entitled : "SITES FOR PARKS AND PLAYGROUNDS IN (cont . ) SUB-DIVISIONS" (Act 294, SLH 1967) at the State Capitol on Friday, October 10, 1969, in Senate Conference Room No . 6 (225) , commencing at 10 :00 a.m. , and lists several questions which will be posed the witnesses : Support the answers to the three questions listed in the communication as prepared by the Planning Director. „ice. 509: Chief of Police Letter to the Corporation Counsel requesting the assistance in drafting an ordinance to prohibit drinking in the Reeds Bay area : Received and file communication. Suggest to the Police Department that they increase their patrols in those areas where public complaints are frequent . 4-=U et ..m. No. 510 : Mayor Submits for the Council 's approval the amendments to the Rules and Regulations of the Liquor Commis- sion of the County of Hawaii : Recommends approval of the amendments to the Rules and Regulations of the Liquor Commission of the County of Hawaii . No . 517 : Mayor Transmits a proposed bill (No . 651) for an ordinance drafted by the Law Clerk providing for punishment for violations of the provisions of the County Charter as requested by Motion No . 49 : Recommends the passage of bill No . 651 on first reading. {aye, C-5'7..vpE.DkC'./9> iL\ s • . PEDLC-l7 - 4 - Oct . 9, 1969 , , C.,,,_ No . 527 : Tony Taniguchi, President, Hilo Downtown Improvement Association Asks the reaction of the County Council for the Association to conduct a public name-the-building contest for the Hilo Armory: Recommends approval. . AC,„) 5)1-m, No . 528: John Hoag, President, Big Island Housing Foundation Informs that the Foundation, a non-profit organization with a goal to provide housing for people in the low to moderate income levels, needs "seed money" to operate, and solicits the support . and financial assistance from the County Council: Recommends that Mr. Hoag be present at the special meeting of the County Council on November 6, 1969. Respectfully submitted, PLANNING, ECONOMIC DEVELOPMENT & LEGISLATIVE COMMITTEE -IA.1(C----vv,_ ' ,a(-1,1,„ 4) /c(,...,/ . ROBERT M. YAMA 1 A , CHAIRMAN ‘AL i FRANK LUZ III, VICE CHAIRMiAN .. �` l RICH RD G. EIA DS, MEMBER (ABS ,:,T AND EXCUSED) SHA/'� R. H . ►. /LL, MEMBER �H L BERT T. 'MA AYIS..i , MEMBER .1r,7 , //-44,4 ' • (28h45--- -PF NE R. Y i DAO,/I!EMBER 0 11 it Answers to Senate Lands and Natural Resources Committee: • I. What actions have the County taken to comply with Section 1+6-6 ERS enacted in 1967? •A review has been conducted by the Planning Department in search • of a -feasible method of implementing the intent of Section 46-6. Unfortunately, only a minimal amount of the information we are seeking was found. Most provisions in ordinances required new land to be annexed or developed meet the standards of existing developed areas , or.,a flat fee of anywhere from $50 per lot to $250 a lot be contributed in a special park fund. • • When money was contributed in a special fund and parks created . too distant from subdivided lots there were legal challenges by subdividers who got favorable consideration. ti • The Planning Department is now working on a preliminary draft which has not been presented to the Council for adoption to date. Because we were not able to come forth with an equitable basis of dedication and payments in lieu of - we have implemented the law in the following manner to date: ' 1 1. Large developments were asked to dedicate school and . playground sites according to standards agreed upon. - Such sites shall be dedicated prior to subdivision approval. The .legal vehicle used -to implement this provision was the Charter provisions on General Plan. 2. By negotiation many subdivisions have been dedicating land for playground purposes ever since the early 1960s. In our existing subdivision ordinance, large-scale suodivi- . sions, capable of supporting 200 units and over, must set aside (or dedicate) 5%-10% of the gross area for parks, • playground and school sites ; which may include areas of natural beauty and historical significance. 3. Cluster Plan Development as spelled out in zoning ordinance . calls for open space preservation in a manner acceptable by the Planning Director. In this case ,' the subdivider is . permitted lower lot size by dedicating areas for playground . purposes. II. Problems being encountered:. . 1. Section 138 (a) . . - I C-50'/ • This paragraph refers to all "subdividers" . It should be noted that by definition subdivider includes the State of Hawaii and its agencies when it is engaged in real property development . (a) The question pertinent then is , was it the intent .that • the State of Hawaii contribute funds or develop' neighbor- . hood parks as required by ordinance when such is adopted? (b) It may be more desirable for the State to allocate land • in accordance with needs of other areas since it is the major source of lands to the County thereby allowing certain amount of flexibility. 2. Subdivision of real property includes all types of zones with varying lot sizes, i.e. : (a) RS, A, ML, MG, CG, RM, RD, CV, CN, OC. (b) Lots range from 7, 500 square feet to 10 to 20-acre' • lots subdivided with varying values. (c) Most of the language is permissive; however, reference to "subdivider" is "shall" and as such it may not exclude subdivider of industrial parks. 3. Apartment or condominiums provide the highest number of domiciliary.units with the minimum of land area subjecting the area with the greatest need for open areas,-parks and • playgrounds. This is not considered a• subdivision per se. . However, the condominium is a vertical and horizontal split which creates separate ownerships of units very much like a land split for subdivided lots and it is excluded from • normal subdivision requirements. In view of the intent of - Chapter 138, it seems that assessing lot buyers only and exempting the other buyer which creates as much if not more the same needs, may create inequity. In time , even those who. paid for a park by lot purchase will be paying for the . needs of apartments and condominiums. 4. How to cope with situations that will arise from new zoning actions of a residential area is another example that creates intensity without being a subdivision. requirement. • • III. Recommendations: • • Inasmuch as the objective of this law was to see that adequate playground facilities in every community of the State is being • p'ovided for and maintained by the County, it should include apartments and condominiums to be consistent. We feel that the law as enacted. is adequate and reasonable for the dedication of adequate play areas in a new subdivision for • single family purposes or- industrial subdivisions should be • • • • -2- lor exempted and all zones permitting residential uses be required to conform except large agricultural lots. The alternatives available are: 1. Dedication or cash on a percentage of gross land basis. 2. Dedication or cash on a sliding-scale based on zoned- dwelling unit densities. 3. Dedication or cash based on a flat standard of x acres per 1000 persons. References attached: 1. The Municipal Attorney, Vol. 10 , #5, May 1969 . . . "Legality of Park Land Dedication. " 2. Interpretation byCorporation Counsel on whether all subdivisions are involved. 3. Act 294, SLH 1967. 4. C & C of Honolulu proposed Park Land Dedication. Ordinance and Planning Department ' s notes. 5. Vacant land study - Residential zoned Areas - County of Hawaii. 6. County of Hawaii - Existing parks and playgrounds. . 7. ASPO Zoning Digest. . r 3- - 411 4110 PLANNING, ECONOMIC DEVELOPMENT AND LEGISLATIVE COMMITTEE Report No. 17 AMENDMENT COMM. 509: Chief of Police Letter to the Corporation Counsel requesting the assistance in drafting an ordinance to prohibit drinking in the Reeds Bay area: Received and file communication.