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Lee E.Lord g Managing Director Mitchell D.Roth Mayor Robert H.Command Deputy Managing➢irector &UnfV dpabial-I Offirr offhr attar 25 Aupuni Street,Suite 2603 • Hilo,Hawaii 96720 • (808}961-8211 Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg C • Kailua-Kona,Hawaii 96740 (808)323-4444 • Fax(808)323-4440 March 30, 2023 COUNTY CLERK COUNTY OFHAWAI'I ie _RECEIVEDBY The Honorable Heather Kimball, Chairperson, and ate 0 MAR U Members of the Hawai'i County Council 25 Aupuni Street Hilo, Hawai'i 96720 RE: Veto of Bill 194 (Draft 3) Amending Chapter 25, Article 2, Division 4, Section 25-2-44, of the Hawaii County Code 1983 (2016 Edition, as Amended), Related to Conditions to Change of Zone Dear Chairperson Ms. Kimball and Council Members: Pursuant to Section 3-12 of the Hawaii County Charter, I am vetoing Bill 194, draft 3 ("Bill") and returning it to you for the following concerns. The Bill eliminates the Council's, the Planning Commission's and the Department's authority to include as a condition to any change of zone ordinance authorization for the Planning Director to grant an administrative time extension for the performance of the conditions within the ordinance. The Bill requires that any request for such a time extension may only be granted by the Council via resolution. This changes what was formerly a Council-authorized administrative procedure into a political process requiring an additional Council approval. This change to the prior decades-long procedure not only limits the County's flexibility to appropriately condition rezoning ordinances, it will also add expense, uncertainty and difficulty to the rezoning process, ensuring we maintain our position as the most regulated County in the nation. This will continue to impede our ability to provide housing and facilities such as hospitals, schools, and job centers to our residents. The Bill inappropriately removes the County Planning Department staff, those with the training and expertise to evaluate time extension requests, from the decision-making process and instead inserts the Council, a political body with little to no planning background or expertise. The Planning Department currently exercises the authority given to it by the Council to grant time extensions where appropriate as an opportunity to conduct a "check-in" with landowners and, based on the Department's expertise, make appropriate requests of the landowners to make reasonable adjustments to projects. Rezoning ordinances granted following the Bill will undoubtedly include longer time periods to complete the conditions, eliminating the opportunity for a mid-point "check-in" and readjustment. IM County of Hawaii is an Equal Opportunity Provider and Employer. ' Rif. To: t�Gi _ Ref: mate s