HomeMy WebLinkAboutCOM 0898.058 2020-2022 Lee E.Lord
g Managing Director
Mitchell D.Roth
Mayor Robert H.Command
Deputy Managing➢irector
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25 Aupuni Street,Suite 2603 • Hilo,Hawaii 96720 • (808}961-8211 Fax(808)961-6553
KONA: 74-5044 Ane Keohokalole Hwy.,Bldg C • Kailua-Kona,Hawaii 96740
(808)323-4444 • Fax(808)323-4440
March 30, 2023 COUNTY CLERK
COUNTY OFHAWAI'I
ie _RECEIVEDBY
The Honorable Heather Kimball, Chairperson, and ate 0 MAR U
Members of the Hawai'i County Council
25 Aupuni Street
Hilo, Hawai'i 96720
RE: Veto of Bill 194 (Draft 3) Amending Chapter 25, Article 2, Division 4, Section 25-2-44,
of the Hawaii County Code 1983 (2016 Edition, as Amended), Related to Conditions
to Change of Zone
Dear Chairperson Ms. Kimball and Council Members:
Pursuant to Section 3-12 of the Hawaii County Charter, I am vetoing Bill 194, draft 3 ("Bill")
and returning it to you for the following concerns.
The Bill eliminates the Council's, the Planning Commission's and the Department's authority
to include as a condition to any change of zone ordinance authorization for the Planning
Director to grant an administrative time extension for the performance of the conditions
within the ordinance. The Bill requires that any request for such a time extension may only be
granted by the Council via resolution. This changes what was formerly a Council-authorized
administrative procedure into a political process requiring an additional Council approval.
This change to the prior decades-long procedure not only limits the County's flexibility to
appropriately condition rezoning ordinances, it will also add expense, uncertainty and
difficulty to the rezoning process, ensuring we maintain our position as the most regulated
County in the nation. This will continue to impede our ability to provide housing and facilities
such as hospitals, schools, and job centers to our residents.
The Bill inappropriately removes the County Planning Department staff, those with the training
and expertise to evaluate time extension requests, from the decision-making process and
instead inserts the Council, a political body with little to no planning background or expertise.
The Planning Department currently exercises the authority given to it by the Council to grant
time extensions where appropriate as an opportunity to conduct a "check-in" with
landowners and, based on the Department's expertise, make appropriate requests of the
landowners to make reasonable adjustments to projects. Rezoning ordinances granted
following the Bill will undoubtedly include longer time periods to complete the conditions,
eliminating the opportunity for a mid-point "check-in" and readjustment. IM
County of Hawaii is an Equal Opportunity Provider and Employer. '
Rif. To: t�Gi _
Ref: mate s
a
The Honorable Heather Kimball, Chairperson, and
Members of the Hawai'i County Council
March 30, 2023
Page 2 of 2
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On the whole, the Bill will not cause projects to be completed more quickly. Instead, it will
likely unfairly punish unsophisticated applicants who do not ask for sufficient time at the
outset, it will add uncertainty and unnecessary costs to the development process and, in the
end, our community will pay the price. 3
s
My recommendation is that you do not pass Bill 194 in any form and allow the existing
process to remain in place. This administration is committed to providing housing for our
residents and this Bill impedes our ability to do so.
Sincerely,
MITCHELL D. ROTH
Mayor
Attachment (Bill 194, Draft 3)
County of Hawaii is an Equal Opportunity Provider and Employer.
JON HENRICKS aµivfoF,,,tw AARON BROWN
County Clerk °°' "r Deputy County Clerk
CoIY
Wal`z
Office of the County Clerk �-
25 Aupuni Street, Suite 1402 s Hilo,Hawaii 96720 n
(808)961-8255 • Fax(808)961-8912
March 16, 2023
Honorable Mitchell D. Roth, Mayor
County of Hawai`i
25 Anpuni Street Suite 2603
Hilo, HI 96720
Dear Mayor Roth:
Pursuant to Section 3-12, Hawaii County Charter, I am transmitting Bills 194 (Draft 3), 17, 19,
20, 21 and 27 which passed second and final reading on March 8, 2023.
The I 0-day period for your action and return of these bills will be computed from the date of
receipt provided by your office at the top of this letter.
Thank you,
Jon Henricks
County Clerk
JH/ra
Enclosures
Hawaii County is an Equal Opportunity Provider and Employer