HomeMy WebLinkAboutCOM 0898.015 2020-2022 DUd
Support for Bill 194
requiring County Council approval for time extensions to fulfil conditions for zoning changes
for Planning, Land Use, and Development Committee
9 AM Thursday,January 5, 2023
from Cory Harden
Thank you to Holeka Inaba for introducing this bill to provide more public input on land use decisions.
Unfortunately, it's difficult to see the current situation as anything less than rubber-stamping. Planning
allows developers with, for example, five years to fulfil conditions required for re-zoning, to wait till year
six to request an extension—pretty much assuming the extension will be granted. And the Planning "
Director can approve extensions with no input from the public or County Council.
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Some developers seem to get rezoning with no intention of actually building anything, but solely toci °
boost the property value so they can sell at a profit.And our island, with some of the last large open' W„
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spaces in the state, is attracting developers.
It also seems that some developers keep doing extensions till they get a Planning Commission and
Council and Mayor they like.Then they go for approval of new conditions—which are often eliminating
bike paths, dispensing with traffic studies, and building less affordable housing.
But when extensions are granted, conditions may have changed drastically over time.There may be
more neighbors and more traffic; a similar development may have reduced the demand for this type of
project; species may have become endangered; climate change may have changed shoreline or flood
zones; or many other things.
Bill 194 is a good first step on rezoning issues. Several related issues may be best addressed in the re-
write of the zoning code:
• Vetting developers to ensure they can do what they promise.
• Having developers file periodic reports on progress in fulfilling conditions.
• Defining "conditions beyond the control" of the applicant. We don't want abuse of an easy
escape hatch, but do want to allow justifiable extensions—e.g. a couple applies, then one of
them passes away before the zoning conditions are fulfilled.
• Addressing situations where the State Historic Preservation Division is unable to do its part, a
project is seriously delayed, and investors give up.
• Preventing "limbo" situations--for example, a developer rezones agricultural land to RS-10,
then doesn't fulfil conditions in time.Then they can no longer do RS-10 actions like subdividing
and building—and can no longer do agriculture, either.
It's good to see that the Planning Director and Leeward and Windward Planning Commissions all support
Bill 194. Mahalo for your consideration.
No.
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Ref.To: p G?UA 0
Ref. Date— JAN....._____ - 5 2023