Bill Text: HI SB638 | 2012 | Regular Session | Amended

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Bill Title: Planned Community Associations; Principal Office; Zoning

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB638 Detail]

Download: Hawaii-2012-SB638-Amended.html

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STAND. COM. REP. NO. 268

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 638

       S.D. 1

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

 

Sir:

 

     Your Committees on Water, Land, and Housing and Public Safety, Government Operations, and Military Affairs, to which was referred S.B. No. 638 entitled:

 

"A BILL FOR AN ACT RELATING TO ZONING,"

 

beg leave to report as follows:

 

     The purpose and intent of this measure is to authorize an exemption from county zoning-related building restrictions for an increase in floor area of the principal office of a planned community association.

 

     Your Committees received testimony in support of this measure from Community Associations Institute, Hawaii Chapter; the Ewa by Gentry Community Association; and David O'Neal.  Your Committees received testimony in opposition to this measure from the Department of Planning and Permitting, City and County of Honolulu.

 

     Your Committees find that county zoning-related building restrictions prohibit an increase in floor area of the principal office of a planned community association, while community associations across the State continue to grow and service ever increasing numbers of citizens.  The process of getting more area currently requires obtaining variances to increase the space needed, obtaining additional area zoned for commercial activity, or renting space in a commercial area outside of the common area owned by the association.  In each of the first two instances, the associations are required to go through a costly, time-consuming process.  In the third instance, the membership bears an inefficient and unnecessary cost.  Your Committees find that this measure directly addresses the current needs of planned community association offices statewide.

 

     Your Committees have amended this measure by:

 

     (1)  Clarifying the formula for calculating the maximum allowable increase to the floor area of a principal office building;

 

     (2)  Inserting an effective date of July 1, 2050, to allow for further discussion; and

 

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     As affirmed by the records of votes of the members of your Committees on Water, Land, and Housing and Public Safety, Government Operations, and Military Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 638, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 638, S.D. 1, and be referred to the Committee on Commerce and Consumer Protection.

 

Respectfully submitted on behalf of the members of the Committees on Water, Land, and Housing and Public Safety, Government Operations, and Military Affairs,

 

____________________________ WILL ESPERO, Chair		____________________________ DONOVAN M. DELA CRUZ, Chair