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HomeMy WebLinkAbout2011-11-17 Leeward Exh A - Zoning Code Crematoriums LEEWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT NOVEMBER 17, 2011 COUNTY COUNCIL INITIATED AMENDMENT TO A regularly advertised hearing on the CHAPTER 25, RELATING TO ZONING DISTRICT REGULATIONS was called to order at 10:40 a.m. in the West Hawai‘i Civic Center, Community Center, Building G, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawai‘i, with Chair Geraldine Giffin presiding. COMMISSIONERS PRESENT: Geraldine Giffin, Brandi Beaudet, Lani Bowman, Thomas Hickcox, Wayne Iokepa and Thomas Whittemore ABSENT AND EXCUSED: Richard Nelson ALSO PRESENT: Ivan Torigoe (Deputy Corporation Counsel), BJ Leithead Todd (Planning Director), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner), Maija Cottle (Staff Planner) and Noriko Sauer (Commission Secretary) And one person from the public in attendance. INITIATOR - COUNTY COUNCIL County Council Bill No. 90, proposing the amendment of Chapter 25, Article 1 and Article 5 of the Hawai‘i County Code 1983 (2005 Edition, as Amended), relating to zoning district regulations for crematoriums, funeral homes, funeral services, and mortuaries. GIFFIN: We are on Agenda Item No. 5. It’s initiated by the County Council. It’s Bill No. 90, proposing the amendment of Chapter 25, Article 1 and Article 5 of the Hawai‘i County Code 1983, actually 2005 Edition, as amended, relating to zoning district regulations for crematoriums, funeral homes, funeral services, and mortuaries. Daryn? ARAI: Thank you, Madam Chairwoman, good morning. Good morning, Commissioners. The County Council transmitted Bill No. 90 to you for your consideration. And the purpose of the amendment was to grant both mortuaries and crematoriums basically equal footing when it comes to permitting within the County Code. Generally speaking, mortuaries are well defined within the Zoning Code. It is permitted basically within the Industrial and Commercial zone districts. Crematoriums, however, is not permitted within any zone districts; it can only be allowed through a Use Permit or a Special Permit as that may be granted by the Planning Commission as appropriate. Now, crematoriums and mortuaries, they are somewhat synonymous as far as uses go. They are frequently tightly integrated with on another. That is why the Bill also goes further to add the definition of funeral homes and funeral services as a defining use within the Zoning Code. So basically, the attempt here is to place funeral services, funeral homes and crematoriums on equal footing with mortuaries, which is permitted generally in the Commercial and Industrial zone districts. Now, if you look at your Background and Recommendation report, Exhibit B, which is I think the last page, there is sort of like a diagram that was prepared by the County Council and transmitted along, I’m sorry, it wasn’t transmitted along with Bill 90, but it was something that was prepared 1 EXHIBIT A when they had the hearing before the Planning Committee, the Council’s Planning Committee. So I was able to get this diagram and include it in your packet. So it’s sort of like visually gives you an idea of how the changes will affect the use categories within the Zoning Code. The “U”, the “SP” and the “P,” which basically means permitted use, or “U” stands for Use Permit, the larger capitalization means that is what is being amended by Bill 90. So you can have a general sense of how the Code is changing in order to accommodate these areas’ definitions, all of which is basically synonymous with funeral homes, funeral services, and mortuaries. We feel that it is a proper request, it provides greater clarification. And therefore, the Planning Director is supportive of Bill 90. Now, I should also note that while we are supportive of Bill 90, there are certain parts of it that we feel needs further clarification, and that is detailed for you on Page No. 2 of our report under Analysis. And basically, we went through the entire Code, and knowing what the Council was proposing, we wanted to make sure other sections of the Zoning Code were modified to basically match the intent and purpose of the proposed amendments. Most of them are not significant; it’s just basically clarifying where and when Use Permits are required and when it will be outrightly permitted. But if you look at Item No. 3, and that’s something we are emphasizing to the Council, should you also issue a favorable recommendation on this Bill, is that if they want to put funeral homes, funeral services, and crematoriums on equal footing with mortuaries, then it should be the same when we apply the parking calculations. So we just wanted to make that clarification. With that, I stand ready to answer any questions you may have. GIFFIN: Commissioners, any questions of staff? Tom? WHITTEMORE: Just the parking issue. That is the standard policy, right, that every 7,500 square feet you require one parking stall? ARAI: Actually, I think it’s 75 square feet -. WHITTEMORE: Seventy-five? Is that what it is? ARAI: So it’s a pretty high calculation -. WHITTEMORE: Seventy-five, excuse me, yeah. So that is standard, though, in all Commercial and Industrial? ARAI: No, it’s used for basically areas of general assembly. And that is why like funeral services and funeral homes where the services are held, you have a large congregation, the higher calculation is applied. WHITTEMORE: So that will be churches, temples, synagogues, then? ARAI: Right. WHITTEMORE: That’s where the parking application is. ARAI: That type of parking calculation is applied, yes. Now, I could see where an applicant may come back and say I’m a crematorium, and, you know, that alone doesn’t generate the type of assembly that would warrant the 75. I would rather a determination or discretion be applied at the 2 EXHIBIT A time of Plan Approval review, which is required whenever these uses try to establish themselves; the Planning Director at her discretion could say, you know, she could lower the parking calculations as she may deem necessary. But because crematoriums and funeral services could be so tightly intertwined, we wanted to leave it at the higher calculation and allow for discretion to a lower calc by the Director. WHITTEMORE: Along that same line, we just a couple of months ago approved that one relocation of the crematorium, and what was the parking requirement for that, do you recall? Because it wouldn’t even come close to 75 square feet. I think they only had three stalls, as I recall, or something like that, or it was kind of predetermined. ARAI: Right. Right off hat I don’t have, I mean, it’s something I can -. Maybe Maija has something for me. WHITTEMORE: It seems kind of onerous truthfully, but I guess in the scope of what they have to do, they will be actually having services, I think; it sounded like the one that we approved, they would have services at that location. ARAI: If it was just a crematorium outright, there was no clear definition, or parking calculation assigned for crematorium. So given the zoning of that area, we would apply, maybe have applied just a commercial type of calculation, or commercial calculation, which is one per 300 square feet of floor area. But that is where the planner reviewing for Plan Approval will have to make the determination whether -. If it is an assembly, then they have to determine when to apply the 75 and when not to apply the 75. GIFFIN: Any other questions of Daryn? Hearing none, I do. So in that same regard, Daryn, by definition, when you are going through getting all of, you know, this information for us, by definition, a crematorium is simply that, right, where they cremate? ARAI: Yes. GIFFIN: Okay, versus a mortuary, which could have assembly, as you were saying earlier. ARAI: Right. But I understand -. When I did some search on the Internet, there are times when crematoriums could have viewing areas or they may have special services right before the body is cremated. And it’s really hard for us to figure out when, you know, so it really depends on the operator. If they have a concern regarding the type of calculation that is applied, then the burden is on them to demonstrate to the Planning Department why we should apply a lower calculation based on a precise activity that they are doing. But every operator has their own services, and nuances behind services are very, needs to managed, I guess. GIFFIN: And mortuaries can cremate as well, right? ARAI: Yes. I think Dodo Mortuary in Hilo, if I’m not mistaken, they do have a crematory right within their entire facility. So, you see how it can be so tightly integrated that it -. GIFFIN: BJ? 3 EXHIBIT A LEITHEAD TODD: I attended a funeral on the mainland, and it was the first time I’ve been in something that I guess qualifies as a funeral home as opposed to, you know, we are used to I think mortuaries here where you go in and it’s kind of an assembly hall and they’ve got pews like in a church and you line up. Well, I walked in and I was surprised, because I’d never been in a funeral home and it was like walking into somebody’s living room; I mean it was couches and little coffee tables, you know. And so, and one end of the room was the casket where you could go view the body, and there were some couches and stuff there, and then the other area was just like walking into your living room. It had a fireplace and, you know, couches and the family could sit down. So I guess for something smaller. But I’d never been in one before, so now I understood why it was a funeral home as opposed to a mortuary on a sign outside. But I’d never seen one in Hawai‘i. So anyway, so there is this nuances that are on the mainland, that we are not necessarily that familiar with here in Hawai‘i. GIFFIN: Any other questions of Daryn, Commissioners? I’d like to call your attention to the last paragraph on Page 2; the recommendation is there where the Planning Director is recommending a favorable recommendation to the County Council. Any comments, questions? Commissioner Hickcox? HICKCOX: None. GIFFIN: None? Do I hear a motion? Oh, I forgot – the staff has informed me that no one has signed up to testify. Do I hear a motion? HICKCOX: Yes, Madam Chair. GIFFIN: Commissioner Hickcox. HICKCOX: I recommend that we send a favorable recommendation to the Council regarding Bill No. 90 relating to zoning district regulations for crematoriums, funeral homes, funeral services, and mortuaries, incorporating the recommended amendments as provided by the Planning Director. GIFFIN: Perfect. Do I hear a second? IOKEPA: Second. GIFFIN: That was fast. It has been moved by Commissioner Hickcox and seconded by Commissioner Iokepa that we send a favorable recommendation to the County Council regarding Bill No. 90 relating to the zoning district regulations for crematoriums, funeral homes, funeral services, and mortuaries, incorporating the recommended amendments as provided by the Planning Director. Discussion? Hearing none, Daryn. ARAI: Commissioner Hickcox? HICKCOX: Aye. ARAI: Commissioner Iokepa? IOKEPA: Aye. 4 EXHIBIT A ARAI: Commissioner Beaudet? BEAUDET: Aye. ARAI: Commissioner Bowman? BOWMAN: Aye. ARAI: Commissioner Whittemore? WHITTEMORE: Aye. ARAI: Madam Chairwoman? GIFFIN: Aye. ARAI: Madam Chairwoman, motion carries with six aye votes. GIFFIN: Great. Thank you. The discussion ended at 10:53 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 5 EXHIBIT A