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HomeMy WebLinkAboutREP PCPLUD 002 2023/02/07 (2022-2024) REPORT OF THE POLICY COMMITTEE ON PLANNING, LAND USE, AND DEVELOPMENT DATE: February 7, 2023 Re: Comm. No. 898.21/Bill No. 194, Draft 2 PLACE: Council Chambers Hilo, Hawaii TIME: 10:50 a.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Policy Committee on Planning, Land Use, and Development, to which was referred Bill No. 194, Draft 2, reports as follows: Bill No. 194, Draft 2, submitted by Council Member Holeka Inaba, via Communication No. 898.21, dated January 31, 2023, amends Chapter 25 Article 2, Division 4, Section 25-2-44, of the Hawai'i County Code 1983 (2016 Edition, as amended), related to conditions on change of zone and increases the filing fee from $250 to $500 for any request for a time extension, change, or alteration of conditions within a change of zone ordinance. Bill No. 194 was first discussed during the August 16, 2022 Committee on Planning. During that meeting, Committee Members discussed the overall intention of the bill, which Committee Member Holeka Inaba explained was to ensure that the County Council is the only authority to grant time extensions for planning applications. Planning Director Zendo Kern was present before Your Committee and clarified that the Planning Director does not have the authority to grant time extensions without first being given that authority by the Council. Planning Deputy Director Jeff Darrow further clarified that administrative time extensions cannot go beyond the original timeframe granted, and that they are often granted through conditions of approval, which is approved by Council. Mr. Inaba responded that historically, the language in conditions explicitly mentioned time extension requests shall be submitted to the County Council, but now the language is different and allows Planning Directors to make that call on their own. Committee Member Sue Lee Loy advocated for language to exclude the time it takes for interagency and other department's review from projects' timelines. The vote was taken to refer Bill No. 194 to the Leeward and Windward Planning Commissions for their review and recommendation. The vote was then taken and passed with 7 "ayes." Bill No. 194 was referred back to the Committee from the Leeward and Windward Planning Commissions with favorable recommendations, and was discussed again on January 5, 2023 and January 24, 2023, in the Policy Committee on Planning, Land Use, and Development. PCPLUD Report No. 2 PCPLUD-2 Page 2 February 7,2023 The January 5, 2023 discussion focused on whether or not Bill No. 194 limits the Council's ability to grant administrative time extensions. Planning Director Kern noted that proposed amendments' language would limit the Council's ability to grant administrative time extensions to existing applications because it explicitly prohibits that language from being included, regardless of who puts the language in. Committee Chair Ashley Kierkiewicz clarified that it has been standard practice for the Council to add or remove condition language that gives the Director the ability to grant time extensions or not; she added that this bill would codify not allowing for that time extension. Committee Member Heather Kimball offered suggestions on amendment language to grant flexibility to the Council to allow them to allow for time extensions. Committee Member Sue Lee Loy emphasized the need to include exceptions to "stop the clock" for when other agencies and departments take longer periods of time to review applications under their jurisdiction. She also proposed changing the fees for any request for a time extension, change, or alteration of conditions within a change of zone ordinance from $250 to $500, which Your Committee agreed with. The January 24, 2023 discussion focused on the contents of Communication No. 898.20. Communication No. 898.20 proposed language to address concerns brought up during the January 5, 2023, meeting that allows the Council to grant the Director authority to grant time extensions. It further clarifies that time extensions may be requested by applicants directly to the Council, which would be granted via approval of Resolution. Mr. Kern and Mr. Darrow both pointed out that this will add more layers of bureaucracy to the permitting process and that Hawaii County is already one of the most onerous and costly municipalities to work with. They also brought up concerns on what implications this bill has on application procedures. Your Committee voted to amend Bill No. 194 with the contents of Communication No. 898.20 with 8 "ayes," Committee Member Kaneali`i-Kleinfelder being absent. The February 7, 2023 discussion focused on Communications No. 898.22 and 898.23, and the impact this will have on timing estimates from the Planning Department. A motion to amend Bill 194, Draft 2, with the contents of Communication Nos. 898.22 and 898.23 was made by introducer Holeka Inaba and seconded by Heather L. Kimball. Communication No. 898.22, clarified the procedure for filing Planning Director recommendations on initial time extension requests, which includes submitting a resolution to Council, and Communication No. 838.23 removed the filing fee for the initial time extension request. Your Committee voted to approve Bill No. 194, Draft 2, with the contents of Communication Nos. 898.22 and 898.23 was made with 9 "ayes." PCPLUD Report No. 2 PCPLUD-2 Page 3 February 7,2023 Committee Chair Ashley Kierkiewicz thanked Mr. Inaba for all the hard work he had put into the bill, but emphasized that processes are best when consistent and the County already has many regulations and barriers that make development more tedious and less affordable. The vote was then taken on the motion to move this measure to Council with a favorable recommendation and passed with 7 "ayes." Your Policy Committee on Planning, Land Use, and.Development is in accord with the purpose and intent of Bill No. 194, Draft 2, as amended to Draft 3, and recommends its passage on first reading. is AYES NOES ABS EX Respectfully submitted, EVANS X POLICY COMMITTEE ON GALIMBA x PLANNING, LAND USE, INABA X D DEVEL P ENT KAGIWADA X KANEALI`I-KLEINFELDER X KIERKIEWICZ X _ KIMBALL X ASHLEY L. KIERKIEWICZ, CHAIR LEE LOY X PCPLUD REPORT NO.: 2 VILLEGAS X ADOPTED: FEB 2 2 2023