HomeMy WebLinkAboutCOM 0017.007 2020-2022 pfcoowc:[�
155® 1
COMM.17
Testimony on Bill 5: Use permits
for Hawaii County Council 9 AM Wednesday, February 17, 2021
from Cory Harden, Hilo ,' co!i y g�.a.�ir il. i o.7�
Please see my comments, In italics. This is my February 2 testimony, with a few additions.
Section 25-2-64
(a). Within [ y] sixty days [ ] following the close
of the public hearinq or public hearings as the case may be, or within such longer period as agreed to by
the applicant, the commission should either deny or approve the application....
Define "public hearing". Does this mean the Planning Commission?Board of Appeals? County
Council? Court?
Section 25-2-64
(c). If the commission fails to render a decision within the prescribed period, the application
shall be considered as being approved [,] unless an extension is agreed to by all parties, provided that no
[ 1 ] contested case hearing pertaining to the use permit is [ro�,o;,,o ] pending before the
commission.
Require automatic denial, not automatic approval, if applications are not approved in time.
We may see an overwhelming number of permit applications with out-of-state people fleeing tq
Hawai'i to escape COVID, and when the economy starts recovering from COVID. x -v
Automatic denial is allowed under HRS 91-13.5(see below).
• Why isn't automatic denial in Bill 5? At the October 15, 2020 Leeward Planning
Commission, Jeff Darrow, Planning Program Manager said "...there is language in the x
HRS that allows the counties to create an ordinance to opt out, of,the automatic approval.
We're discussing that direction with our Corporation Council["sic]to find"out what tha'a a
entails and so, at thatpoint we may want to move towards getting out of that automa,t�
approval requirement. It, it's something that a lot of people have brought up and are
concerned about..."
Provide for action less demanding than a contested case hearing to stop a project. Contested
cases require huge amounts of time, energy, and money.
State that delays caused by lack of quorum don't count. See HRS 91-13.5.
"Extension"language should be added to Planning Commission Rule 7 so it's consistent with
25-2-64.
RULE 7. USE PERMITS
7-7(c) If the Commission fails to render a decision within the prescribed period, the
application shall be considered as being approved, provided that no contested case
hearing pertaining to the use permit is pending before the Commission.
Section 25-2-67
(a). A use permit may be revoked by the director in the event that any property owner who holds the
permit sought to be revoked, or any other person, with the property owner's consent, submits a written
statement to the director verifying that the development approved under the permit issue has either not
been established or has been abandoned.
What if the owner does nothing for decades, then starts developing, complying with conditions
that are no longer appropriate as with Pi'ilani Partners?
Section 25-2-67
s 9�- �f--�eV-9 n'y`- .tea-r�.£� It gz;ncf of the r�irac�f
\.,� .,v t..) .f.
-\ �' �_i ircni i+hnri�arl tine"
eF Gd of twe
Keep this provision.
Section 25-2-67
(b) A use permit may be revoked by the commission upon the request of the director...
If the director is not acting on noncompliance with conditions, or threats to health and safety,
provide a way for the public to bring concerns directly to the Commission