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HomeMy WebLinkAbout2014-03-06HEARINGTRANSCRIPT-PD INITIATED GOLF COURSES WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT MARCH 6, 2014 Planning Director Initiated, Amendment to Chapter 25, A regularly advertised hearing on the Articles 2 and 5 of the Hawai‘i County Code 1983 (2005 Edition, as amended) relating to golf courses and golf course uses was called to order at 10:35 a.m. in the Hilo State Office Building, Conference Rooms A, B, & C, 75 Aupuni Street, Hilo, Hawai‘i with Chairman Ronald Gonzales presiding. COMMISSIONERS PRESENT: Ronald Gonzales, Charles Heaukulani, Gregory Henkel, Wallace A. Ishibashi, Jr., Stephen Ono, and Raylene Moses. ABSENT AND EXCUSED: Myles Miyasato. ALSO PRESENT: Margaret Masunaga (Deputy Corporation Counsel for the Windward Planning Commission), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner), Maija Cottle (Staff Planner), and Sarah Hata-Finley (Secretary). And approximately 13 people from the public in attendance. INITIATOR: PLANNING DIRECTOR Amendments to Chapter 25, Articles 2 and 5 of the Hawai‘i County Code 1983 (2005 Edition, as amended), relating to golf courses and related golf course uses. Amendments will clarify that a Use Permit to allow golf courses and related uses within certain zoning districts will not be permitted if the property is situated within the State Land Use Agricultural District, in accordance with the State Land Use Law. ARAI: Thank you, Mr. Chairman. The next item on your agenda hopefully will be a straightforward one, but we have a request to amend the Zoning Code Articles 2 and 5 relating to golf course and related golf course uses. Let me just give you a real brief history of why this amendment is being offered by the Planning Director. Prior to 1985, golf courses were like a permitted use on agriculturally designated lands. And that was allowed by State law. In 1985, due to the concerns about golf courses being outrightly permitted on agricultural lands and the potential impacts associated with golf courses, I believe, if memory serves me right, the Director at that time, Duane Kanuha, I think, introduced a bill to require Use Permits to allow the establishment of golf courses and golf driving ranges upon agriculturally designated lands. And that has been the case ever since 1985 all the way up to 2005 when the State Legislature amended the State Land Use Law basically saying golf courses will no longer be permitted on agriculturally designated lands, with the exception of those golf courses approved by the County of, approved by the counties prior to July 1, 2005. So sort of like grandfathering what was previously approved by the counties. 1 EXHIBIT C So ever since then, golf courses are no longer permitted on agriculturally designated lands; however, if you look at our Zoning Code, the Zoning Code and the language contained therein sort of like didn’t catch up to what the State law now requires. So, what we’re offering to you as a bill that basically goes through the Zoning Code and makes it absolutely clear that a Use Permit may be pursued to allow a golf driving, golf course and golf driving range on various zoning districts, residential, commercial, resort, open, and agricultural, with the exception if those lands are designated agriculture by the State Land Use Commission. And that’s simply to make sure that we don’t run afoul of the prohibition by State law. So, basically, what you see before you is just a housekeeping measure. So, hopefully, I’ve explained it clear enough. If not, I stand ready to answer any questions you may have. GONZALES: Any questions for Mr. Arai? No? Ok, a motion would be in order. And there’s no one signed up to testify. Anybody? HEAUKULANI: Ok, I’ll move that we send a favorable recommendation to the Hawai‘i County Council regarding this bill relating to golf courses and golf driving ranges. HENKEL: Second. GONZALES: Discussion? Go ahead, Daryn. ARAI: Ok, the motion on the floor is a favorable recommendation for a proposed amendment to the Zoning Code regarding golf courses and related golf course uses as recommended by the Director. With that, I’ll make the call. Commissioner Heaukulani? HEAUKULANI: Aye. ARAI: Commissioner Henkel? HENKEL: Aye. ARAI: Commissioner Ishibashi? ISHIBASHI: Aye. ARAI: Commissioner Moses? MOSES: Aye. ARAI: Commissioner Ono? ONO: Aye. ARAI: Mr. Chairman. GONZALES: Aye. 2 EXHIBIT C ARAI: Mr. Chairman, motion carries with six aye votes. GONZALES: Thank you. ARAI: Thank you. The discussion ended at 10:40 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 3 EXHIBIT C