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HomeMy WebLinkAboutCOM 0017.002 2020-2022Harry Kim Mayor Roy Takemoto Managing Director West Hawaii Office 74-5044 Ane Keohokalole Hwy Kailua-Kona, Hawaii 96740 Phone (808) 323-4770 Fax (808) 327-3563 December 1, 2020 County of Hawai` i PLANNING DEPARTMENT Aaron S.Y. Chung, Council Chair And Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chair Chung and Council Members: SUBJECT: Planning Director Initiated Michael Yee Director April Surprenant Acting Deputy Director East Hawaii Office 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Phone (808) 961=8288 Fax (§Z) 961-,8742 �.�• pon::.Yr:+i: G „M. Amendment to Chapter 25 (Zoning Code), Articles 2, Division 6 of the Hawaii County Code 1983 (2016 Edition, as amended) Relating to Use Permits (Action Timing and Revocation) Regarding the Windward Planning Commission letter dated November 20, 2020 concerning the above -reference matter, attached please find a copy of the draft transcript for the November 5, 2020 hearing for your information. Should there be any questions, please contact Jeff Darrow at 961-8158. Sincerely, MICHAEL YEE Planning Director LPDlnitiatedRelatingtoUsePermitstranscriptwpc Enclosures: Draft Transcript Comm. No. 11.0.— Ref. To: P Ref. Dote 3 www.planning.hawaiicountygov Hawai `i County is an Equal Opportunity Provider and Employer planningghawaiicountX�ov WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT November 5, 2020 A regularly advertised hearing on the application of PLANNING DIRECTOR INITIATED AMENDMENT TO CHAPTER 25 OF THE HAWAII COUNTY _C:ODE, RELATING TO USE PERMIT was called to order at 10:50 a.m. via live -stream onlinemeeting, with Chair Thomas Raffipiy presiding. VIRTUAL ATTENDANCE (COMMISSIONERS): Gilbert Aguinaldo mean Au, Joseph Clarkson, Thomas Raffipiy, John Replogle. VIRTUAL ATTENDANCE (STAFF): Malia HaIL,, puty Corporation CounMMr,___ the Windward Planning Commission), Michael IYee f Panning Q ctor), John Mu- arw(Deputy Corporation Counsel for the Planning Director); Jeff Darrow (Planning Program Manager), Tracie -Lee Camero (Planner), Rachelle Ley (Department-Secr_etary), and Melissa Dacayanan- Salvador (Temporary Assigned Commission_Secretary). And 2 members from the public live s INITIATOR: PLANNING DIRECTOR An ordinance amendingFGlater 5T (Zoning Code), Article 2_ Division 6 of the Hawaii County Code 1983 (2016 Edition, as amended), to update the time and revocation requirements for the Windward Planning: commission g d Leeward Planning Commission to act on and revoke a Use == Permit to be consistent v6 the Plan n2 Commission Rules of Practice and Procedure. Secretary's Note made the=eonver 's proceed item. An ordinance amendin Hawaii Coun ff We 1983 requirements for the-Windwz on and revoke a Use err -r M Procedure. So, staff carp -you make the presentation: CAMERO: Yes, I will. RAFFIPIY: Thanks Tracie. there weYe-7technical and/or internet difficulties which ib the next=item on the agenda that is the Planning Director Initiated g -Chapter 25 of the ( Zoning Code), Article 2. Division 6 of the 2016 Edition, as amended), to update the time and revocation rd Planning Commission and Leeward Planning Commission to act be consistent with the Planning Commission Rules of Practice and go ahead and make the presentation. I believe Tracie is going to CAMERO: Thank you Chair, let me get my screen ready for you. EXHIBIT B (DRAFT) 1 YEE: Tracie, you may need to speak up like you are speaking to your kids. A little more loudly. CAMERO: Sorry, I will try my best. Can you all see my screen? REPLOGLE: I can see you. CAMERO: You can see me [laugh]. Okay, let me get it back up. DARROW: Do you need help? CAMERO: Yes please. Why is it not showing up? Oh, here. So now? DARROW: It's coming, it's not there yet. RAFFIPIY: Now we can, thank you. CLARKSON: I have a request though. CAMERO: Yes. CLARKSON: Is there some way to just show �he�screen and not CAMERO: Yeah. can you all see my screen iew on the side? DARROW: So, go to the top ariMp sharing anclrythen share again and go to the one that is the full screen. CAMERO: I have. ,that's tle°:one-I keep=`rgomg=to. DARRO�I' : Let's CAMER0-*�� I'm not too sure why it's :doing this again. Sorry guys, please bear with me. DARROW: Okay; =try stop sharing. Go to the top. CAMERO: I did. DARROW: You stopped sharing, right? CAMERO: Yes. DARROW: Okay, try that one. CAMERO: This one? EXHIBIT B (DRAFT) 2 DARROW: Yeah. CAMERO: Okay. DARROW: There you go you're on. CAMERO: Okay, sounds good. Thank you, guys so much for your patience. Good morning Chair and members of the Planning Commission. As the Chair mentioned this is a Planning Director Initiated amendment relating to the time and revocation requirements for Use Permits. If you have any questions, please feel free to stop me at any time forlarif cation. Can you all see my screen? With this bill the Planning Director is proposing four (4) ami change the zoning code language with the language that is=in Rules of Practice and Procedures. Three (3) of the 4 _ posc Section 25-2-64 of the Hawaii County Code. The;roposed remove the requirement that the Commission shailter_apl application no later than sixty (60) days after the closeAz period as long as the Commission is in agreement with the were provided in earlier testimony receivedby the departmel allow for a longer time -period for the Commission to either This is not shortening the time -period in ess_ericW ; ._ Proposed amendment number two (2) clarifiem approval that are not limit, ;hours of open amendment number three (3) cla_f es that if the Permit application in�th required time it is deem all parties and a contested ::ease hearing pertaining Commission. Renlacinathe`==broader-wtre1�obig ents.=-These amendments are to ie _current :V -r ing Commission amendments Zf=this bill are within nendment nurnbl one_(1) will ye or deny a Use Permit e= hearings or allow --`for a longer )licant. To address comments that this proposed amendment will jrove or deny an application. C0 -_--=-9 -Ron can add conditions of in term§`�of the Use Permit. The proposed nission fails to render a decision on a Use proved unless an extension is agreed to by ie permit is pending before the on language in the current code. Now, yoAhould have feceiyed ari'anendment to this Section which reflects what was suggested by the lr eeward Planning missi6ffi >tl eir October 15, 2020 hearing. The Director thought this was au appropriate amendment fof the automatic approvals therefore, we added the language unless an e:66r ion is agreed-- o by all parties. All of the proposed amendments are shown on your screen. Comments came into t1e-Planning Department with regards to the automatic approval language. I've taken this time to clarify the history of the automatic approval language which dates to 1998 and Act 164 which amended HRS Section 91-13.5 to read as you see on the screen. This at the time was an effort to revitalize Hawai`i's economy in the late 1990's. As for the change to remove the written objections and replace it with the contested case. The Department has always allowed for written objections to be submitted on any application. Written objections, however, has not stopped applications from the automatic approval should the Commission not come to a decision. Historically, a contested case has been the only deterrent from the automatic approval as required by HRS. EXHIBIT B (DRAFT) 3 The fourth and last proposed amendment is to delete Section 25-2-67 and replace it with the following language. Section (a) now gives the Director the authority to administer revocation of Use permits when requested by the permit holder; Section (b) is the process in which the Commission shall revoke a permit when requested by the Director; Section (c) explains that written notice shall be done by the Director to the permit holder and lastly Section (d) is the process to appeal a Director's revocation. These proposed amendments are again to provide consistency with the Code and our current Planning Commission Rules of Practice and Procedures. The Planning Director is recommending that the Planning Commission send a favorable recom eridation to the Hawaii County Council for these amendments. With that, that concludeWwresentation, and I can open up the floor to any questions. RAFFIPIY: Thank you Tracie. Any questions for Alright. REPLOGLE: No, no, no I had trouble finding RAFFIPIY: Go ahead Mr. Replogle. REPLOGLE: So, it says if the Commissioriws_- decision within the prescribed period, theapplca prescribed period of time and I'm just going oto as what we did in that process within the prescribed 1 want to continue it, we warit--toeantinue it, wor considered the prescribeperiod­o _ me or could=i could the Applicant- aid no, W1­4don't go along that day then it would have=been approved? CAMERO:9_N6__­­sa REPLLE: I don't kno"f anybody CAMERO �_==I:_can answer tfiat. so— REPLOGLE: Okay=thank v6 -U. ? No questions. (c) if the Coffiijb wission fails to render a nEshall be consla:ered approved. So, the veaple pick=Pi`ilani Partners. Was that nd off even though we came to oh, we through _the whole process. Is that some point when we want it to continue it vith_that and if we failed to reach a decision answer that, but. CAMERO: When it comes to SMA and the regulations of SMA we go off of HRS Chapter 205A for SMA's. So,7we follow those prescribed rules as far as that happens. This proposed change in particular we are only speaking to Use permits and how the automatic approvals applies to Use permits only. There are two (2) different sections of the HRS that we follow for the 2 various permits that we have. REPLOGLE: Okay. Thank you. 11 EXHIBIT B (DRAFT) RAFFIPIY: Thank you. Any other questions? Alright, no questions, no comments I need a motion for action. AU: Mr. Chair, I'll make the motion. RAFFIPIY: Mr. Au go ahead and make the motion please. AU: I beat Joe to it. So, my motion, I move that a favorable recommendation be forwarded to the County Council on the Ordinance amending Hawaii County Code,Chapter 25, based on the Planning Director's recommendation, which shall be, which shall be_aop�ed. AGUINALDO: I second. - -= RAFFIPIY: Its moved and seconded that we adopt the Planning DirectoiNbcommendation for a favorable recommendation as stated by Mr. Au. AnyTdiscussion— -=- -_- AU: Chair Raffipiy, I have a comment or a quest ono staff. RAFFIPIY: Go ahead Mr. Au. AU: It's my understanding this agenda item=_also__has to go to tleeeward right? Is that correct? Has to be approved by the Leeward and Windward and.,then it goa5�- the County Council. Is that the procedure for this change? CAMERO: So, this amend e t1actually went C the Leewardryat their October 15, 2020 hearing which is why there was_wlso thatTaendment thaf-Iwe had sent to the Commission that additional amendment that basically=;said "unless an extensio his _agreed to by all parties" for the automatic approval because that wa hat th&zecommended_ of their October meeting. So, after this it will go straight to Coun_ yCouri ..-- AU: Thank you. RAFFIPIY= Any other discussion? Alright, staff can you take the vote by roll call please. CAMERO: Okay= commissioner Au? AU: Aye.- CAMERO: Commissioner Aguinaldo? AGUINALDO: Aye. CAMERO: Commissioner Clarkson? CLARKSON: Aye. EXHIBIT B (DRAFT) 5 CAMERO: Commissioner Vice -Chair Replogle? REPLOGLE: Aye. CAMERO: And Chair Raffipiy? RAFFIPIY: Aye. CAMERO: The motion carries 5-0. RAFFIPIY: Thank you very much. The discussion ended at 11:02 a.m. Resp __ If V submi Tem Wing . ay an -Salvador-; Assignment Secretary Rlannin2r Commission EXHIBIT B (DRAFT) 6