HomeMy WebLinkAbout2019-08-15 Leeward Exh B (Amend Zoning Code re Recreation Facility) LEEWARD PLANNING COMMISSION
COUNTY OF HAWAII
HEARING TRANSCRIPT
AUGUST 15, 2019
A regularly advertised hearing on the PLANNING DIRECTOR INITIATED AMENDMENT
TO CHAPTER 25 OF THE HAWAII COUNTY CODE, RELATING TO AMUSEMENT
AND RECREATION FACILITY was called to order at 11:31 a.m. in the West Hawaii Civic
Center, Community Center, Building G, 74-5044 Ane Keohokalole Highway, Kailua-Kona,
Hawaii, with Chairman Keith F. Unger presiding.
COMMISSIONERS PRESENT: Keith F. Unger, Nancy Carr Smith, Perry Kealoha,
Michael Vitousek and Faith"Faye" Yates
ABSENT AND EXCUSED: Scott Church
ALSO PRESENT: Malia Hall, Esq. (Counsel for the Commission), Michael Yee (Planning
Director), Jeff Darrow (Planning Program Manager), Maija Jackson (Planner) and Noriko Sauer
(Commission Secretary)
And approximately eleven people from the public in attendance.
INITIATOR: PLANNING DIRECTOR
An ordinance amending Chapter 25 (Zoning Code), Articles 2 and 5 of the Hawaii County Code
1983 (2016 Edition, as amended), relating to amusement and recreation facility, indoor within the
Neighborhood Commercial (CN), Limited Industrial (ML) and General Industrial (MG) zoning
districts and relating to major outdoor amusement and recreation facilities in the Single-Family
Residential (RS), Double-Family Residential (RD), Multiple-Family Residential (RM) and
Neighborhood Commercial (CN) zoning districts.
UNGER: Agenda Item No. 3, Initiator Planning Director, an ordinance amending Chapter 25,
Zoning Code, Articles 2 and 5 of the Hawaii County Code 1983, 2016 Edition, as amended,
relating to amusement and recreation facility, indoor within the Neighborhood Commercial,
Limited Industrial and General Industrial zoning districts and relating to major outdoor
amusement and recreational facilities in the Single-Family Residential, Double-Family
Residential, Multi-Family Residential and Neighborhood Commercial zoning districts. We'll start
with a presentation by the Planning Department.
DARROW: Thank you, Mr. Chairman. Good morning, Members of the Planning Commission.
This next agenda item, as mentioned, is a change to the Zoning Code initiated by the Planning
Director. This application has gone before the Windward Planning Commission on August 1st and
they voted to forward a favorable recommendation to the County Council on this. This basically
has been a change that's been in consideration, I would say, for approximately ten years or so;
there's been times that this issue has come up. So more recently we thought this is something we
need to take care of. As we were going through this, we also looked at the bigger picture and
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made some adjustments overall to amusement and recreational facilities. So, with that, if I could
direct your attention to the presentation. This is an amendment to Chapter 25, Articles 2 and 5,
relating to Use Permits and zoning district regulations for amusement and recreation facilities,
indoor and major outdoor.
The Planning Director is initiating the following three amendments to the Zoning Code relating to
amusement and recreational facilities, indoor and major outdoor: Number one is to remove the
option for a obtaining a Use Permit for major outdoor amusement and recreational facilities in the
Single-Family Residential, Double-Family Residential and Multiple-Family Residential zoning
districts; this is basically a house cleaning amendment—I'm sorry, what happened here [the
PowerPoint display causing trouble], oh, I'm sorry, so that's number one—number two is a house
cleaning amendment to add the requirement of a Use Permit for major outdoor amusement and
recreational facilities in the Neighborhood Commercial zoning district to be consistent with the
Use Permit section—it's currently already in there, we are just making it consistent in the actual
CN zoning district; lastly, to add indoor amusement and recreational facility as a permitted use in
the Neighborhood Commercial, Limited Industrial and General Industrial zoning districts.
So, and then on Amendment No. 1 relating to Use Permits, if I could, if I can just briefly read the
definition of what an amusement and recreational facility, major outdoor is defined in the Zoning
Code: It's "a permanent facility providing outdoor amusement and entertainment, including theme
and other types of amusement parks, stadiums, skateboard parks, go-cart and automobile race
tracks, miniature golf and drive-in theaters." At our Windward Planning Commission hearing, the
topic came up about skateboard parks; these are separate from skateboard parks that are initiated
as part of county parks and schools, so these are more commercial-type skateboard parks. The
purpose of the amendment is to, this will remove the option of allowing a major outdoor
amusement and recreational facilities in the residential zoning districts, more specifically,
Single-Family, Double-Family and Multiple-Family, with the approval of a Use Permit. The
reason for that is because since the Zoning Code was amended in '96 allowing this option, there
hasn't been a Use Permit that was permitted or requested for this type of use in these zoning
districts. And when we took a look further at these options, we felt, you know, it's, it really isn't
an appropriate area to actually even give an option for these, so the Planning Director is
recommending that we take that option out. There are many other districts that this option is
either permitted or it's allowed through a Use Permit. Those districts are identified on the bottom
line there, the RCX, CN, CG, CV, MCX, ML, MG and Open districts.
The Amendment No. 2, again, this is just a housecleaning amendment. Under Section 25-5-102,
which is Permitted Uses, in the CN zoning, we are adding the line that allows for major outdoor
amusement and recreational facilities through the approval of a Use Permit. That currently is not
in the code, but it is identified under the Use Permit section as being an option available in the CN
zoning. So all we are doing is a housecleaning amendment to make it consistent with the Use
Permit section.
This is more the meat of the amendment and this is relating to amusement and recreational facility,
indoor in the CN, ML and MG zoning districts. The Planning Director is initiating this to allow
these in these three zoning districts. Again, for clarity, let's define this. An amusement and
recreational facility, indoor is defined in the Zoning Code as "an establishment providing indoor
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amusement or recreation. Typical uses include: martial arts studios; billiard and pool halls;
electronic and coin-operated game rooms; bowling alleys; skating rinks; health and fitness
establishments; indoor tennis, handball and racquetball courts; auditoriums; theaters; and indoor
archery and shooting ranges." So the main issue that we keep coming across in the Planning
Department is the amount of health and wellness facilities and martial arts establishments in these
zoning districts. And the reason why they keep popping up there is because the owners or lessees
of the properties build warehouses that have bays and they open them up for lease or rent, and
these establishments find that as the perfect location to be able to operate. We haven't had any
complaints in these zoning districts for these establishments that I can recall. We did have one
approximately five to seven years ago in an agricultural zoning district, which ended up having its
issues, and again, they had to relocate but they couldn't find a location because these zoning
districts weren't available in the area that they were at.
So, moving on, the, currently these major outdoor amusement and recreational facilities, such as
race tracks or drive-in theaters, can be considered with a Use Permit in these zoning districts, CN,
ML and MG, yet the indoor amusement and recreational facilities, which would have a smaller
apparent impact given its use's location within a building, are prohibited in these same districts.
The proposed amendments would simply allow these uses in these additional districts that are
considered appropriate in the other permitted commercial, which are appropriate. All of the other
commercial and industrial zone districts, this is a permitted use, indoor amusement and
recreational facilities. So these include Resort, CG, CV, MCX and CDH. So, again, those are
currently allows as permitted uses.
We kind of touched upon this. Again, the other issue that happens is because of the lack of
options for these health and wellness, martial arts, because they are the main ones that we deal
with, we end up finding out that they are popping up in residential and agricultural zoning districts
without permits. There is no option in residential zoning districts. They could apply for a Special
Permit, and the ones that we have seen come before the Planning Commission previously have
had difficult times getting approval just because it's in an agricultural district.
Overall, the Planning Director is recommending that the Planning Commission send a favorable
recommendation to the County Council for these three proposed amendments.
Oh, one last thing, there was a support letter that was submitted, but unfortunately, it seems like it
got mixed up in some of the Kulani View [comment letters regarding another agenda item], but it
was from a person that represents a fitness organization and they had submitted this letter in
support.
UNGER: Great,thank you. Commissioners, any questions to the Planning Department in regard
to these amendments? [None.] At this time I'd like to open it up for public testimony. I don't see
anybody signed up, but if anybody would like to testify, this is your opportunity. Seeing none, I
need a motion from the Commission to close public hearing.
VITOUSEK: So moved.
CARR SMITH: Second.
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UNGER: Motion by Commissioner Vitousek, second by Carr Smith. All in favor?
COMMISSIONERS: Aye.
UNGER: Opposed? [None.] Motion moves unanimously. Public hearing is closed.
Commissioners, I need a motion for Agenda Item No. 3.
KEALOHA: Can we do one motion for all amendments?
CARR SMITH: I'll move that a favorable recommendation be forwarded to the County Council
on the ordinance amending Hawaii County Code Chapter 25, based on the Planning Director's
recommendation, which shall be adopted.
KEALOHA: I'll second.
UNGER: We have a motion by Commissioner Carr Smith, second by Commissioner Kealoha.
The floor is open for discussion.
CARR SMITH: Just applaud you guys for cleaning these things up as you can, along with
everything else that you are doing. So,thank you.
DARROW: Thank you.
UNGER: Roll call.
DARROW: Thank you, Mr. Chairman. With that, we'll take the roll call. Commissioner
Carr Smith?
CARR SMITH: Aye.
DARROW: Commissioner Kealoha?
KEALOHA: Aye.
DARROW: Commissioner Vitousek?
VITOUSEK: Aye.
DARROW: Commissioner Yates?
YATES: Aye.
DARROW: And Chair Unger?
UNGER: Aye.
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DARROW: The motion passes, five to zero.
LINGER: Thank you.
The hearing ended at 11:45 a.m.
Respectfully submitted,
Noriko Sauer, Secretary
Leeward Planning Commission
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