HomeMy WebLinkAboutREP PC 008 2021/02/02 (2020-2022) REPORT OF THE
COMMITTEE ON PLANNING
DATE: February 2, 2021 Re: Comm. No. 17/Bill No. 5
PLACE: Council Chambers
Hilo, Hawaii
TIME: 3:03 p.m.
Council Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Bill No. 5, reports as follows:
Bill 5, introduced by Committee Chair Ashley L. Kierkiewicz by request, amends Chapter 25,
Article 2, Division 6, of the Hawaii County Code 1983 (2016 Edition, as amended), relating to use
permits. The bill was put before your Committee and postponed on January 5th and 19th, 2021.
The Windward and Leeward Planning Commissions forward favorable recommendations for this
amendment to the Zoning Code which would amend the applicable planning commission's time to
approve or deny an application for a Use Permit, and also clarify certain procedural matters.
Planning Director Zendo Kern and Deputy Director Jeff Darrow were present in the Hilo Chambers to
provide clarification on the intent and purpose of Bill 5. Mr. Darrow said Bill 5 is intended to simplify
the permitting process by lengthening the time to make a decision after the Planning Commission closes
public hearings and allowing the Planning Director to write a letter stating a permit is revoked rather
than agendizing the matter at Planning Commission and holding a hearing on revoking the permit.
Committee Member Sue Lee Loy noted that Chapter 25 of the Hawaii County Code needs a
comprehensive audit and that Bill 5 is another "band-aid" solution. She expressed that she will still vote
in favor of Bill 5 for this particular matter.
Mr. Kern and Mr. Darrow both agreed that Chapter 25 needs updating; however, they must wait for the
General Plan process to finish.
Committee Member Matt Kaneali`i-Kleinfelder sought clarification on whether or not Bill 5 gives the
County the ability to get out of automatic approvals, to which Deputy Director Darrow replied that the
County must pass an ordinance to exempt itself from State Statute that grants automatic approval. He
shared that in his 20-plus years with the Planning Department, he recalled only one instance in which an
automatic approval was done.
Committee Chair Ashley Kierkiewicz noted that the updates in Bill 5 were critical in order for the Code
to be consistent with Planning Commission Rules and Procedures.
PC Report No.: 8
PC-8 Page 2 February 2,2021
The vote was then taken on the motion to move this measure to Council with a favorable
recommendation and passed with 9 "ayes."
Your Committee on Planning is in accord with the purpose and intent of Bill 5, and recommends its
passage on first reading.
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AYES NOES ABS EX Respectfully submitted,
CHUNG X
DAVID x COMMITTEE ON PLANNING
INABA X
KANEALI`I-KLEINFELDER X
KIERKIEWICZ X
KIMBALL X
LEE LOY X ASHLEY L. KIERKIEWICZ, CHAIR
RICHARDS X PC REPORT NO.: 8
VILLEGAS X ADOPTED: FEB 1 7 2021