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Home My WebLink AboutAGE PCPLUD 2024/10/02 (2022-2024) ACTIONS ASHLEY L. KIERKIEWICZ CINDY EVANS Chair and Presiding Officer MICHELLE M. GALIMBA JENN KAGIWADA MATT KĀNEALI‘I-KLEINFELDER HOLEKA GORO INABA HEATHER L. KIMBALL Vice Chair SUSAN L. K. LEE LOY REBECCA VILLEGAS COUNTY COUNCIL County of Hawai‘i Hawai‘i County Building 25 Aupuni Street Hilo, Hawai‘i, 96720 POLICY COMMITTEE ON PLANNING, LAND USE, AND DEVELOPMENT st 21 Session Hawai‘i County Building 25 Aupuni Street Hilo, Hawai‘i 96720 October 2, 2024 9:00 a.m. Notice is Hereby Given that the Hawai‘i County Council will be conducting this meeting via interactive conference technology (ICT) pursuant to Hawai‘i Revised Statutes §92-3.5. Council Members will be participating via ICT at the:  Kona Council Chambers, West Hawai‘i Civic Center, 74-5044 Ane Keohokālole Highway, Building A Members of the public may also attend from this location. Public Attendance via Courtesy Site is available at the following locations:  Old Kohala Courthouse, 54-3900 Akoni Pule Highway, Kapaʻau;  Pāhoa Council Office, 15-2879 Pāhoa Village Road;  Lily Yoshimatsu Senior Center, 67-1199 Māmalahoa Highway, Waimea; and  Ocean View Community Association, 92-8924 Leilani Circle. If a courtesy site is unavailable and/or participation is disrupted, the scheduled meeting will continue. Oral Public Testimony via Zoom: To provide oral testimony via Zoom, email councilremotetestimony@hawaiicounty.gov or call (808) 961-8255 to complete the registration process and obtain meeting login information. Please contact our office to register by 12:00 noon, Monday, September 30, 2024. Submitting Written Testimony: To ensure timely delivery to Council Members prior to the meeting, written testimony must be submitted no later than 12:00 noon on Monday September 30, 2024, by: (1) email to counciltestimony@hawaiicounty.gov; (2) facsimile to (808) 961-8912; or (3) mail to the County Clerk’s Office in Hilo at 25 Aupuni Street, Hilo, Hawai‘i, 96720. All written testimony, regardless of time of receipt, will be made a part of the permanent record. Please submit separate testimony for each item. Hawai‘i County is an Equal Opportunity Provider and Employer PCPLUD-21 October 2, 2024 ORDER OF BUSINESS CALL TO ORDER – 9:02 a.m. ROLL CALL STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS Pursuant to HRS § 92-3, oral testimony may be provided entirely at the beginning of the meeting, or immediately preceding the agenda item being opened for deliberation by the committee. BILLS FOR ORDINANCES Bill 121: AMENDS CHAPTER 25, ARTICLES 1, 4, AND 5, OF THE HAWAIʻI (Draft 4) COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO TRANSIENT ACCOMMODATION RENTALS AND HOSTING PLATFORMS Repeals Section 25-4-16 through Section 25-4-16.3 relating to Short-term Vacation Rentals and establishes new provisions for Transient Accommodation Rentals and Hosting Platforms for Transient Accommodation Rentals. Reference: Comm. 675.471 Intr. by: Ms. Kimball and Ms. Kierkiewicz Referred to Planning Commissions: January 30, 2024 Postponed: July 8, August 20, and September 3, 2024 (Note: There is a motion by Ms. Kimball, seconded by Ms. Kierkiewicz, to recommend passage of Bill 121, Draft 3, as amended, on first reading.) POSTPONED TO NOVEMBER 7, 2024: Ayes: Committee Members Evans, Galimba, Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba – 9. Noes: None. Absent: None. Excused: None. ; and Comm. 675.472: From Council Member Jenn Kagiwada, dated September 4, 2024, transmitting proposed amendments. Page 2 PCPLUD-21 October 2, 2024 Bill 122: AMENDS CHAPTER 25 AND CHAPTER 14, ARTICLE 4, SECTION 14-20, (Draft 2) OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE REPEAL OF BED AND BREAKFAST AS A PERMITTED USE Repeals all provisions that allow for Bed and Breakfast establishments. Reference: Comm. 676.13 Intr. by: Ms. Kimball and Ms. Kierkiewicz Referred to Planning Commissions: January 30, 2024 Postponed: July 8, August 20, and September 3, 2024 (Note: There is a motion by Ms. Kimball, seconded by Ms. Galimba, to recommend passage of Bill 122, Draft 2, on first reading.) POSTPONED TO NOVEMBER 7, 2024: Ayes: Committee Members Galimba, Kagiwada, Kānealiʻi-Kleinfelder, Kimball, Lee Loy, and Villegas – 6. Noes: Committee Members Evans, Kierkiewicz, and Acting Chair Inaba – 3. Absent: None. Excused: None. Bill 134: AMENDS CHAPTER 25, ARTICLE 2, SECTION 25-2-42 OF THE HAWAIʻI (Draft 2) COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO AMENDMENTS INITIATED BY PROPERTY OWNERS AND OTHER PERSONS Adds a provision requiring the Planning Director to submit a subject area building entitlement report to the applicable planning commission and the County Council for each change of zoning district application. The report would identify permits, approvals, or other lawful entitlements allowing for the construction of a building or buildings on any parcel of land within a quarter-mile radius of the parcel for which the change of zoning district is sought. Reference: Comm. 741.4 Intr. by: Mr. Inaba and Ms. Evans Postponed: March 5, August 20, and September 3, 2024 Referred to Planning Commissions: April 2, 2024 (Vote on Bill 134, Draft 2, is on the next page.) Page 3 PCPLUD-21 October 2, 2024 (Note: There is a motion by Mr. Inaba, seconded by Ms. Evans, to recommend passage of Bill 134, Draft 2, on first reading.) AMENDED TO DRAFT 3 AND RECOMMENDED PASSAGE ON FIRST READING: Ayes: Committee Members Galimba, Inaba, Kagiwada, Kānealiʻi-Kleinfelder, Kimball, Lee Loy, Villegas, and Chair Kierkiewicz – 8. Noes: None. Absent: Committee Member Evans – 1. Excused: None. ; and Comm. 741.5: From Mayor Mitchell D. Roth, dated July 26, 2024, transmitting for Council’s consideration and action, letters from the Windward and Leeward Planning Commissions. ; and Comm. 741.6: From Council Members Holeka Goro Inaba and Cindy Evans, dated August 19, 2024, transmitting proposed amendments. Bill 181: AMENDS CHAPTER 16, ARTICLE 1, OF THE HAWAIʻI COUNTY CODE (Draft 2) 1983 (2016 EDITION, AS AMENDED), RELATING TO THE GENERAL PLAN Inserts amendment procedures for the General Plan, including a comprehensive review at least every ten years, and interim amendments between comprehensive reviews; describes the powers and duties of the Planning Director and Planning Commissions to review and recommend amendments, and of the Council to initiate or adopt proposed amendments. Reference: Comm. 939.4 Intr. by: Mr. Inaba Postponed: July 23 and September 3, 2024 (Note: There is a motion by Mr. Inaba, seconded by Ms. Villegas, to recommend passage of Bill 181, as amended, on first reading.) POSTPONED TO NOVEMBER 7, 2024: Ayes: Committee Members Evans, Galimba, Inaba, Kagiwada, Kānealiʻi-Kleinfelder, Kimball, Lee Loy, Villegas, and Chair Kierkiewicz – 9. Noes: None. Absent: None. Excused: None. Page 4 PCPLUD-21 October 2, 2024 Bill 212: AMENDS CHAPTER 5, ARTICLE 3, DIVISION 2, SECTION 5-3-22, OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO BUILDING PERMIT EXEMPTIONS Exempts greenhouses and other accessory structures with a floor area of 1,000 sq. ft. or less and located on agriculturally-zoned land from the requirement to obtain a building permit; and increases the maximum cost of repair work for which a building permit is not required from $7,500 to $25,000. Reference: Comm. 1057 Intr. by: Ms. Kierkiewicz RECOMMENDED PASSAGE ON FIRST READING: Ayes: Committee Members Evans, Galimba, Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba – 9. Noes: None. Absent: None. Excused: None. ADJOURNMENT – 4:51 p.m. Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce legislation “By Request” on behalf of the requesting party. It does not necessarily signify support of or opposition to the proposal. Live stream of County Council Committee Meetings: To view the live stream of this meeting, at the scheduled meeting start time, type the following into the address bar of the browser: http://hawaiicounty.granicus.com/ViewPublisher.php?view_id=1. Please call (808) 961-8255 if the Council’s streaming location is not functioning. If the Council’s stream is deemed inoperable, the following address will be provided for the live stream and should be typed into the browser: https://www.youtube.com/channel/UCJNalwg4OoK7a_7nGnEtGPA. If you need an auxiliary aid/service or other accommodation due to a disability, call (808) 961-8255 as soon as possible, preferably by September 27, 2024. If a response is received after this date, every effort will be made to obtain the auxiliary aid/service or accommodation, but there is no guarantee the request can be filled. Upon request, this notice is available in alternate formats such as large print, Braille, or electronic copy. Agendas and agenda items are available on the County website at www.hawaiicounty.gov. Click on Council Records to navigate to current agendas. For any questions, please contact Council Services at (808) 961-8255. Page 5