HomeMy WebLinkAboutREP PCPLUD 013 2024/08/20 (2022-2024)REPORT OF THE POLICY
COMMITTEE ON PLANNING,
LAND USE, AND DEVELOPMENT
DATE: August 20, 2024
PLACE: Council Chambers
Kailua-Kona, Hawaii
TIME: 11:03 a.m.
Council Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Re: Comm. No. 694/Bill No. 127
Your Policy Committee on Planning, Land Use, and Development, to which was referred Bill
No. 127, reports as follows:
Bill No. 127, transmitted by Council Member Holeka Goro Inaba via Communication No. 694, dated
January 3, 2024, amends Chapter 25, Article 2, Division 4, Section 25-2-44, of the Hawai'i County
Code 1983 (2016 Edition, as amended), relating to conditions on change of zone.
The bill requires the Planning Director to include time constraints for the completion or satisfaction
of conditions imposed in change of zoning district ordinances that do not revert zoning to a previous
zoning district designation or an open zoning designation.
Planning, Land Use, and Development Committee Meeting of February 7, 2024
Planning Director Zendo Kern was available in the Hilo Chambers for questions.
Committee Member Holeka Inaba explained that the bill's purpose is to establish more precise time
frames as standard practice to achieve conditions of approval within a rezone request.
Committee Member Heather Kimball expressed her support, and the desire to see some flexibility
when it comes to timing of satisfying conditions. Committee Member Rebecca Villegas voiced
support, emphasizing the importance of holding developers accountable. Committee Chair Ashley
Kierkiewicz shared it would be helpful to gather the Planning Commissioners' feedback as current
wording of the bill does not address the perceived issue.
Bill No. 127 was postponed to the Planning, Land Use, and Development Committee Meeting of
February 20, 2024.
Planning, Land Use, and Development Committee Meeting of February 20, 2024
Bill No. 127 was referred to the Windward and Leeward Planning Commissions.
PCPLUD Report No. 13
PCPLUD-13 Page 2 August 20, 2024
Planning, Land Use, and Development Committee Meeting of July 9, 2024
On June 13, 2024, Mayor Mitchell D. Roth, via Communication No. 694.5 forwarded a favorable
recommendation from both the Windward and Leeward Planning Commissions.
Planning Director Zendo Kern was available at the Hilo Chambers for questions.
Committee Members discussed the recommendations provided by the Windward and Leeward
Planning Commission. Committee Member Susan Lee Loy, Ms. Kimball, and Chair Kierkiewicz
emphasized the importance of considering tolling in the bill and creating a matrix to manage
expectations and to identify what is needed in terms of timing and funding to achieve various
conditions of approval.
Bill No. 127 was postponed to the Planning, Land Use, and Development Committee Meeting of
July 23, 2024.
Planning, Land Use, and Development Committee Meeting of July 23, 2024
Planning Director Zendo Kern was available via Zoom for questions.
Mr. Inaba proposed an amendment via Communication 694.7, explaining that the planning director
must specify the deadline for completing all conditions, except for the ordinance reverting zoning to
the previous district designation or to open zoning.
Bill No. 127 was amended with the contents of Communication 694.7, with nine "ayes."
Mr. Inaba discussed plans to amend the bill with additional language regarding tolling. Committee
Member Michelle Galimba and Ms. Kimball recommended postponing the bill until the new
amendments were introduced and considered.
Bill No. 127, as amended to Draft 2, was postponed to the Planning, Land Use, and Development
Committee Meeting of August 20, 2024.
Planning, Land Use, and Development Committee Meeting of August 20, 2024
Planning Director Zendo Kern was available in the Kona Chambers for questions.
Mr. Inaba proposed an amendment via Communication 694.9, which clarifies that review time by a
government agency would not count toward the ordinance's deadline and that failure to meet
conditions by the deadline will null and void the ordinance, causing the property's zoning
designation to revert back to its original zoning.
Chair Kierkiewicz questioned the Planning Department's resource capacity to implement this
measure. Mr. Kern suggested creating a new position and investing in new technologies to handle
the increased demands and tracking of information.
PCPLUD-13 Page 3 August 20,2024
Ms. Villegas and Ms. Lee Loy both expressed their support for the amendment.
Bill 123, Draft 2, was amended with the contents of Communication 694.9, with nine "ayes."
Chair Kierkiewicz expressed her support for the bill, which would promote developer accountability,
clarify processes, and enhance transparency within the development process.
Your Policy Committee on Planning, Land Use, and Development is in accord with the purpose
and intent of Bill No. 127, as amended to Draft 3, and recommends its passage on first reading.
kj
AYES NOES ABS EX Respectfully submitted,
EVANS x POLICY COMMITTEE ON
GALIMBA X PLANNING, LAND USE,
INABA x ANC DEVELOPMENT
KAGIWADA X
KANEALI'I-KLEINFELDER X
KIERKIEWICZ X
KIMBALL x ASHLEY L. KIERKIEWICZ, CHAIR
LEE LOY X PCPLUD REPORTPN®.:4 2113
VILLEGAS X ADOPTED: