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HomeMy WebLinkAboutREP PCPLUD 012 2024/08/06 (2022-2024)REPORT OF THE POLICY COMMITTEE ON PLANNING, LAND USE, AND DEVELOPMENT DATE: August 6, 2024 PLACE: Council Chambers Hilo, Hawaii TIME: 10:00 a.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Re: Comm. No. 677/Bill No. 123 Your Policy Committee on Planning, Land Use, and Development, to which was referred Bill No. 123, reports as follows: Bill No. 123, transmitted by Council Members Heather Kimball and Ashley Kierkiewicz, via Communication No. 677, dated December 27, 2023, Amends Chapter 19, Article 1 and Article 13, Chapter 23, Article 9, and Chapter 25, Article 1, Article 2, Article 5, and Article 6 of the Hawaii County Code 1983 (2016 Edition, as amended), relating to Ohana Dwelling Units. The bill seeks to remove each instance of the term "ohana dwelling" from the County Code and inserts the term "accessory dwelling unit," and adds provisions for the establishment of an accessory dwelling unit. Planning, Land Use, and Development Special Committee Meeting of January 23, 2024. Deputy Planning Director Jeff Darrow was available in the Kona Chambers for questions. Ms. Kimball gave a brief overview of the proposed bill and explained that it seeks to streamline the application process for Accessory Dwelling Units (ADU). Committee Member Cindy Evans requested clarification on whether the bill's provisions will align with the revised General Plan. Mr. Darrow explained the bill is consistent with the current and revised General Plan's goal of expanding housing opportunities and noted that while the bill does not change zoning to permit multi -family dwellings, it does allow for the development of multiple dwelling units on a single-family dwelling property. Both Committee Members Susan Lee Loy and Holeka Inaba expressed support for the measure and its potential to increase housing opportunities. Mr. Inaba suggested a maximum number of ADUs permitted per property be prescribed. Bill No. 123 was then referred to the Windward and Leeward Planning Commissions. PCPLUD Report No. 12 PCPLUD-12 Page 2 August 6, 2024 Planning, Land Use, and Development Special Committee Meeting of July 8, 2024. On May 24, 2024, Mayor Mitchell D. Roth, via Communication No. 677.9, forwarded an unfavorable recommendation to Council from the Windward Planning Commission because the commission failed to act within 120 days due to its lack of quorum; and forwarded a favorable recommendation from the Leeward Planning Commission based on the Planning Director's recommendation. Planning Director Zendo Kern was available in the Hilo Chambers for questions. Ms. Kimball proposed an amendment explaining its purpose to remove the term "ohana dwelling" from the bill, add that ADUs are allowable in residential districts, and clarify that only a final inspection, not a certificate of occupancy, is needed. Bill 123 was amended with the contents of Communication No. 677.10, which was introduced by Ms. Kimball and approved with seven "ayes," with Committee Members Cindy Evans and Rebecca Villegas absent. Ms. Kimball proposed another amendment via Communication No. 677.11, to remove the existing prohibition of ADUs located on properties with existing transient accommodation rentals that would enable a property owner's reclassification of their primary residence and allow one ADU to be designated as a transient accommodation rental. Ms. Lee Loy emphasized the need for greater clarity regarding the number of allowable ADUs, particularly in relation to wastewater infrastructure capacity. Ms. Kimball noted the Department of Public Works offered guidance on this issue. Mr. Inaba noted more refinement on this topic was needed. The proposed amendment via Communication No. 677.11 was withdrawn by Ms. Kimball. Bill 123, as amended to Draft 2, was postponed to the Planning, Land Use, and Development Committee meeting of July 23, 2024, with seven "ayes," and Ms. Evans and Ms. Villegas absent. Planning, Land Use, and Development Committee Meeting of July 23, 2024. Planning Director Zendo Kern was available for questions via Zoom. Ms. Kimball proposed an amendment via Communication No. 677.17, and explained it was to limit the total number of ADUs to four per property. Mr. Inaba and Ms. Villegas expressed reservations about the amendment. Chair Kierkiewicz maintained her position that the allowable number of units should be based on available infrastructure. PCPLUD Report No. 12 PCPLUD- 12 Page 3 August 6, 2024 The proposed amendment via Communication No. 677.17 was withdrawn by Ms. Kimball. Ms. Kimball proposed another amendment via Communication 677.18, explaining it would be to establish the total square footage of an ADU to 2,000 square feet. Committee Member Matt Kdneali'i-Kleinfelder expressed support. Ms. Villegas expressed concern, noting the specified size appeared more appropriate for a home than an ADU. Mr. Inaba also raised concerns, questioning whether the proposal aligns with the concept of an accessory unit. Chair Kierkiewicz suggested looking at neighboring county's ADU sizing regulations to help inform Hawaii County's decisions. The proposed amendment via Communication No. 677.18 was withdrawn by Ms. Kimball. Ms. Kimball proposed another amendment via Communication 677.19, which would limit an ADU to a maximum gross floor area of 2,000 square feet and that it must adhere to the height restrictions of the applicable zoning district. Committee Members Jennifer Kagiwada and Mr. Inaba expressed opposition to the amendment. The proposed amendment via Communication No. 677.19 was withdrawn by Ms. Kimball. Ms. Kimball gave a brief summary of another proposed amendment via Communication 677.20, which would allow for one ADU per property to be used as a transient accommodation rental and stated that this would give a property owner flexibility to use their primary residence or the ADU as a transient accommodation rental but not both. Bill 123, Draft 2, was amended with the contents of Communication No. 677.20, with five "ayes," with Ms. Evans, Mr. Inaba, Ms. Kagiwada, and Ms. Villegas voting in opposition. Bill 123, as amended to Draft 3, was postponed to the Planning, Land Use, and Development Committee meeting of August 6, 2024, with all members in favor. Planning, Land Use, and Development Committee Meeting of August 6, 2024. Public Works Director Steve Pause was available in the Kona Chambers for questions and Planning Director Zendo Kern was available in the Hilo Chambers for questions. Ms. Kimball proposed an amendment via Communication 677.24, explaining this would limit an ADU to a maximum of 1,250 square feet, excluding lanais, garages, and carports, and comply with the height restrictions for the zoning district where the property is located. The amendment was informed by conversations Ms. Kimball and Mr. Kern had with neighboring counties in the state. Bill 123, Draft 3, was amended with the contents of Communication No. 677.24, with five "ayes," Ms. Evans and Ms. Villegas voting in opposition, and Mr. Inaba and Mr. Kdneali'i-Kleinfelder absent. PCPLUD Report No. 12 PCPLUD- 12 Page 4 August 6, 2024 Ms. Kimball gave a brief summary of another proposed amendment via Communication 677.25, which would limit the number of ADUs to three per property, unless zoning regulations permit multiple primary dwellings on a site, then one ADU would be allowed for each primary dwelling. Ms. Kagiwada expressed support, noting this additional housing option for residents would increase density over urban sprawl. Ms. Lee Loy also provided support, noting that it establishes clear guidelines. Chair Kierkiewicz expressed support for increasing density where infrastructure is available and said it would provide closer access to jobs, services, and amenities. Bill 123, Draft 3, was further amended with the contents of Communication No. 677.25, with six "ayes," with Ms. Villegas voting in opposition, and Mr. Inaba and Mr. Kdneali'i-Kleinfelder absent. Ms. Kimball briefly summarized another proposed amendment via Communication No. 677.26, which would clarify that no recorded agreement or restriction can prevent the construction of an ADU on a property. Ms. Evans asked if this applies only to condominiums and how the amendment would be implemented. Ms. Kimball responded that it applies broadly, not just to condominiums, and noted that similar language has been successfully applied in neighboring counties. Ms. Evans expressed concern that the amendment might lead to legal challenges. Corporation Counsel Elizabeth Strance reassured her that the current wording should avoid such issues. Bill 123, Draft 3, was further amended with the contents of Communication No. 677.26, with six "ayes," with Ms. Evans voting in opposition, and Mr. Inaba and Mr. Kaneali'i-Kleinfelder absent. Your Policy Committee on Planning, Land Use, and Development is in accord with the purpose and intent of Bill No. 123, as amended to Draft 4, and recommends its passage on first reading. ki AYES NOES ABS EX EVANS X GALIMBA X INABA X KAGIWADA X KANEALI'l-KLEINFELDER X KIERKIEWICZ X KIMBALL X LEE LOY X VILLEGAS X Respectfully submitted, POLICY COMMITTEE ON PLANNING, LAND USE, AND DEVELO MENT ASHLEY L. KIERKIEWICZ, CHAIR PCPLUD REPORT NO.: 12 ADOPTED: SEP 0 4-M