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HomeMy WebLinkAbout2012-05-17 Leeward Exh D - Zoning Code B&B LEEWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT MAY 17, 2012 PLANNING DIRECTOR INITIATED AMENDMENT A regularly advertised hearing on the TO CHAPTER 25, RELATING TO BED AND BREAKFAST ESTABLISHMENTS was called to order at 11:25 a.m. in the West Hawai‘i Civic Center, Community Center, Building G, 74-5044 Ane Keohokālole Highway, Kailua-Kona, Hawai‘i, with Chair Geraldine Giffin presiding. COMMISSIONERS PRESENT: Geraldine Giffin, Thomas Hickcox, Wayne Iokepa and Thomas Whittemore ABSENT AND EXCUSED: Brandi Beaudet, Lani Bowman and Richard Nelson ALSO PRESENT: Ivan Torigoe (Deputy Corporation Counsel), BJ Leithead Todd (Planning Director), Daryn Arai (Planning Program Manager), Jeff Darrow (Planner), Maija Cottle (Planner) and Noriko Sauer (Commission Secretary) And no one from the public in attendance. INITIATOR: PLANNING DIRECTOR Amendment to Chapter 25 (Zoning Code) of the Hawai‘i County Code 1983 (2005 Edition, as amended) relating to bed and breakfast establishments. The proposed amendment will specifically amend Sections 25-2-61(a), 25-2-71(c), 25-2-76(b through e), 25-4-7(a), 25-5-52(d), 25-5-62(d) and 25-5-72(d). This is a housekeeping matter that seeks to provide consistency among different sections of the Zoning Code relating to bed and breakfast establishments. GIFFIN: Finally, Commissioners, we are now on Agenda Item 4, taking out of context but here we are. And I don’t know, Jeff, are you doing the presentation for No. 4? DARROW: Yes, ma’am. GIFFIN: Okay. I should add that there are, that no one from the public signed up to testify for Agenda Item No. 5. DARROW: Thank you, Madam Chair. GIFFIN: You’re welcome. DARROW: This next item on the agenda is basically for housekeeping purposes. Back in 2000 there was an amendment to the Zoning Code relating to bed and breakfast operations, and basically they, you know, there was some concerns regarding bed and breakfast operations, you know, it required plan approval back then, and they felt that it was, you know, not really needed as part of the bed and breakfast operations. And then it was through other changes during that time they allowed two houses, the bed and breakfast to be operated in two houses on the property or within a guest house. Well, in reviewing the Zoning Code, during that time there could have been some other amendments that might have been done. So what we are doing is just cleaning those up so 1 EXHIBIT D that everything is consistent with Ordinance 00 152. And basically, there are seven items, which are listed within the background report. Two of the items are within the plan approval section, which still refers to bed and breakfasts under that section; so sometimes we get calls, you know, from the public stating “oh, do I need plan approval for a bed and breakfast,” “no, you don’t need that,” “oh, well, it’s listed under the plan approval section” – got to clean that up. And we have some others that relate to, it’ll refer to having a use permit or a special permit in one section of the Code but not in the other section, and so we are just cleaning that up. And then lastly, we have, in the CDH District, it does permit bed and breakfast as a permitted use, yet under Chapter 25-4-7 where it lists the zoning districts that allow for B&B’s, it doesn’t identify CDH District; so again, it’s just merely for cleanup. And with that, I also need to clean up my report. First page under “Background,” second paragraph, Line 3, it says, “house on a building site” and it has a period and a comma; and if I can just take out the period and we’ll clean that up, and we should be okay. You will notice that the Planning Director has recently submitted to the Planning Commission revised Exhibit No. 2, which is the ordinance for the new bill. And the reason for that is because our original bill ended up having conflicts with the crematorium bill that went up just prior to that; so if we had sent that up, it would have conflicted with the new crematorium bill. So we held off on that. And now it looks like everything is in order, and so we are ready to send it up. GIFFIN: Commissioners, any questions of Jeff? I would like to direct your attention to Page 4 of the background report where the last paragraph is “Recommendation.” DARROW: Okay -. GIFFIN: Correct? DARROW: I’m sorry? GIFFIN: Commissioners, Page 4 of the background is the recommendation. Just so that we are all on the same page, and when a motion is made by Mr. Iokepa -. Okay, so we are all there? All right. Hearing that, may I please hear a motion? Page 4 in the background and recommendation – it’s white, it’s not goldenrod, and it’s the last paragraph on Page 4 – before the old ordinance. I can read it. Do you want me to read it, so then the motion can just be “I so move?” Okay, “For the reasons cited above, the Planning Director recommends that the Planning Commission send a favorable recommendation to the County Council for the amendment to Chapter 25 (Zoning) of the Hawai‘i County Code 1983 (2005 edition) relating to bed and breakfast establishments. The accompanying draft bill is provided for your favorable consideration.” And we would be referring to the new one, right? DARROW: Correct. GIFFIN: Okay. So that’s Exhibit 2. If one of you would just say, “so move.” WHITTEMORE: So move. GIFFIN: Okay, may I hear a second? IOKEPA: Second. 2 EXHIBIT D GIFFIN: It’s been moved by Commissioner Whittemore and seconded by Commissioner Iokepa that we send a favorable recommendation to the County Council for the amendment to Chapter 25 relating to bed and breakfast establishments along with Exhibit 2, which is the new copy of the ordinance. Any discussion? Hearing none, Jeff? DARROW: Thank you, Madam Chair. With that, we’ll take the roll call. Commissioner Whittemore? WHITTEMORE: Aye. DARROW: Commissioner Iokepa? IOKEPA: Aye. DARROW: Commissioner Hickcox? HICKCOX: Aye. DARROW: And Madam Chair? GIFFIN: Aye. DARROW: The motion passes, four to zero. GIFFIN: Great. DARROW: Thank you. GIFFIN: You’re welcome. The discussion ended at 11:32 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 3 EXHIBIT D