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HomeMy WebLinkAboutPowerPoint Presentation Bill 123 (PL-CCI-2024-005) BILL 123 RELATED TO rL-cci-zoza00000s THE COUNTY COUNCIL HAS REFERRED BILL 123 TO THE PLANNING DIRECTOR AND WINDWARD AND LEEWARD PLANNING COMMISSIONS FOR COMMENT AND RECOMMENDATIONS The purpose of this bill is to establish accessory dwelling units (ADUs) in the County Code by removing each instance of the term ohana dwelling" from the County Code and adding the term "accessory dwelling unit" and by replacing existing 'ohana dwelling unit regulations with new accessory dwelling unit regulations. Bill 123, as written by the County Council, is intended to streamline and facilitate the development of additional housing units in more areas to address long-term rental housing needs for a growing island population. A-Stmv In 1996, County Council passed Ordinance 96 47, also known as Bill 307, which regulated `ohana dwelling units. At the time, the intent of Bill 307 was to conform the County Code with Act 229 of Sessions Laws of Hawaii 1981, which required each county to amend their zoning ordinance to permit the construction of `ohana dwelling units. Both bills were passed in an effort to assist local families to purchase affordable individual living quarters and at the same time to encourage the preservation of the extended family. 61/w is am/ `©h,a�M*Z)wAnf? An `ohana dwelling is currently defined as ". . .a second dwelling unit permitted to be built as a separate or an attached unit on a building site, but does not include a guest house or a farm dwelling." An `ohana dwelling unit is considered to be accessory to the principal permitted single family dwelling. Over the years, the term `ohana dwelling unit has also been placed alongside the term accessory dwelling unit, additional farm dwelling, and additional dwelling unit; all are used to define a second dwelling unit on the same property as an existing single-family dwelling. Bill 123 seeks to amend the following: • Repeals the existing definition of `Ohana dwelling' and adds a definition of `Accessory dwelling unit' which is defined as " . . .a structure or portion thereof designed and used for single-family residential purposes as permitted in chapter 25, article 6, division 3 of this Code, and which can be detached from or attached to an existing residence, to be used for single- family occupancy and containing one kitchen." • Removes each instance of the term "ohana dwelling" and inserts the term "accessory dwelling unit" . Bill 123 seeks to repeal the following existing infrastructure requirements found in Section 25-6-30 for `ohana dwellings: Sewage Disposal System Requirements; Potable Water Supply Requirements; Fire Protection Requirements; and Roadway Requirements. Bill 123 also requires the following infrastructure requirements for ADUs: • Sewage Disposal System. • The building site shall be served by a public or private sewage disposal system and shall meet the requirements of the State Department of Health. • Potable Water Supply. • The building site shall be served by a public or private water system, rain catchment system, or private well. Bill 123 also seeks to amend Section 25-6-31 Eligibility for `ohana dwelling unit with the following: • Renames the title of the section to Where permitted. • Allows for ADUs to be permitted on a building site within the RS, RD, RA, FA and A zoning districts. • Restricts ADUs on any building site within the State Land Use Agricultural district. • Requires that all accessory dwelling units must have final inspection and a certificate of occupancy before use as a dwelling. Bill 123 amends Section 25-6-32 Prohibited Areas by removing the prohibition of ADU's in the following areas: • Any building site that has been approved by the State Housing Finance and Development Corporation (HFDC) and/or County agency; • Any building site that are developed as a planned unit development or a cluster plan development; • Any building site where more than one dwelling unit is permitted in the zoning district; and • Any building site which is the subject of an approved variance from the provisions of this chapter or Chapter 23 (Subdivisions). Bill 123 also amends Section 25-6-32 to prohibit ADU's on any building site where transient accommodation rentals are located. PROPOSED AMENDMENTS TO HCC CHAPTER 25 (ZONING) (CONT-) Bill 123 seeks to amend the following in Section 25-6-33 Designation of `Ghana Dwelling Units: • Removes the restriction of one bhana dwelling unit on the same building site with the first single family dwelling. • Provides the Planning Director the authority to designate which dwelling on the building site is the first single-family dwelling unit or ADU. Bill 123 seeks to amend Section 25-6-34 Height Limits with the following: • Removes the height restrictions for accessory dwelling units and replaces the height limits to conform to the height limits for the zoning district in which the building site is situated. ICI II I I i I I Bill 123 amends Section 25-6-35 Minimum Building Site Area with the following: • Removes the minimum 10,000 square foot building site requirements. • Removes the additional five-foot minimum front, rear, and side yard requirements. This provision allows for the minimum yard setback requirements for ADU's in a nonconforming lot to meet the minimum yard requirements of the zoning appropriate for the parcel size. Bill 123 amends Section 25-6-36 Guest Houses with the following: • Removes the restriction for `ohana dwelling units on building sites that have an existing guest house. This provision will allow for an ADU and guest house to be built on the same building site. kill I I I I I .", , I I Bill 123 amends Section 25-6-36 Guest Houses with the following: • Removes the restriction for `ohana dwelling units on building sites that have an existing guest house. Removing this restriction will allow for an accessory dwelling unit to be built on the same building site as a guest house. Bill 123 amends Section 25-6-38 Variances with the following: • Renames the section to Prohibited Uses. • Removes prohibitions of 'ohana dwellings on a building site that has been granted a variance from either Chapter 25 or 23 (Subdivisions) This provision will allow for an ADU to be built on a building site where a variance has been issued from either the zoning and subdivision codes. PROPOSED AMENDMENTS TO HCC CHAPTER (ZONING) (CONT-) Lastly, Bill 123 proposes to repeal the following sectio n s in Article 6, Division 3 in Chapter 25: • Section 25-6-39 (Application for ohana dwelling permit; requirements); • Section 25-6-39.1 (Action on ohana dwelling permit); • Section 25-6-39.2 (Building permit for an ohana dwelling); • Section 25-6-39.3 (Nontransferability of permit); • Section 25-6-39.4 (Pending applications); • Section 25-6-39.5 (Illegally constructed ohana dwellings); • Section 25-6-39.6 (Revocation of an ohana dwelling permit); and • Section 25-6-39.7 (Appeals). PLANNING ANALYSIS OF THE IMPACTS OF BILL 123 Bill 123 as written, intends to expand the locations where additional dwelling units can be developed and to relax development restrictions to facilitate the construction of additional dwelling units. Effectively, Bill 123 will allow a landowner to apply directly for a building permit if their parcel falls within the permitted zoning districts and removes the existing sixty-day Department application process. While Bill 123 intends to simplify the entitlement process for ADU's, the County Council recognizes that infrastructure requirements, standards and prohibitions must still be in place to effectively increase housing density and maintain characteristics of surrounding neighborhoods. Height restrictions, minimum yard setback requirements, and specific infrastructure requirements are still in place to ensure that health and safety standards are being met for any proposed ADU. There have been few changes to the Zoning Code related to `ohana dwellings since they were first introduced. Bill 123 is the County Council's effort to update the codes to address long-term rental housing needs and affordability concerns for the County's growing population. PLANNING DIRECTOR 'S pfaMMtMAkb*4& The Planning Director recommends that the Planning Commissions send a favorable recommendation of Bill No. 123 to the County Council with the following suggested revisions: RECOMMENDATION #1 Under Section 25-2-3(a), consider removing the reference of "ohana dwelling permit" . Reason: Since Bill 123 seeks to repeal the current `ohana dwelling application, the Planning Director is recommending removing any reference to `ohana dwelling applications that may be located within the Zoning Code as a housekeeping measure. RECOMMENDATION #9� Section 25-5-27(c) should identify that an accessory dwelling unit shall be located within the RD zoning district by stating the following: `An accessory dwelling unit may be located on any building site in the RD district, as permitted under article 6, division 3 of this chapter." Reason: The proposed amendment is a housekeeping matter that seeks to provide consistency within the various sections of the Zoning Code that address where accessory dwelling units can be located. RECOMMENDATION #I,. Section 25-6-32(3) restricts accessory dwelling units from being built on building sites that have a transient accommodation rentals. Consider removing this restriction. Reason: The intent of the bill is to create long term rental options and if we restrict accessory dwelling units on properties that already have or will have a transient accommodation rental then we will be foregoing long term rental options for any of these properties that plan to build accessory dwelling units. It is important to note that Bill 123 still prohibits ADUs from being used as a TAR. nrxt 9tPT The Windward and Leeward Planning Commissions are required to take action on Bill 123 and transmit to council by May 29, 2024. The commissions may recommend approval of all , some, or none of the Director's suggested recommendations. The commissions may also recommend their own revisions to the bill . Once Bill 123 alongside Bill 121 and 122 is heard before the Windward and Leeward Planning Commission , the recommendations will be sent back to the County Council 's Policy Committee on Planning, Land Use and Development, where the bills will then be forwarded with a recommendation to Council . At Council , the bills will need to go through the 1st and 2nd (Final) Reading in order to be passed as an ordinance.