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HomeMy WebLinkAboutREP PCPLUD 014 2024/10/02 (2022-2024)REPORT OF THE POLICY COMMITTEE ON PLANNING, LAND USE, AND DEVELOPMENT DATE: October 2, 2024 PLACE: Council Chambers Hilo, Hawaii TIME: 9:02 a.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Re: Comm. No. 741/Bill No. 134 Your Policy Committee on Planning, Land Use, and Development, to which was referred Bill No. 134, reports as follows: Bill No. 134, transmitted by Council Members Holeka Goro Inaba and Cindy Evans via Communication No. 741, dated February 5, 2024, amends Chapter 25, Article 2, Section 25-2-42, of the Hawaii County Code 1983 (2016 Edition, as amended), relating to amendments initiated by property owners and other persons. The bill 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. Planning, Land Use, and Development Meeting of March 5, 2024. Mr. Inaba explained the purpose of the bill was to give the Planning Commission and County Council further information when deciding on zoning changes, including entitlements and status of development for surrounding properties. Mr. Inaba proposed an amendment explaining its purpose to remove certain report details based on the Planning Department's feedback. Bill No. 134 was amended with the contents of Communication No. 741.2, with eight "ayes," with Committee Member Susan Lee Loy absent. Deputy Planning Director Jeff Darrow was available in the Kona Chambers for questions. Committee Member Matt Kdneali`i-Kleinfelder questioned the bill's necessity, while Committee Member Michelle Galimba asked how it differed from the zoning map Council Members already received as part of proposed rezoning bills. Mr. Inaba clarified that the bill would require the Planning Department to generate a report on potential future developments on PCPLUD Report No. 14 PCPLUD-14 Page 2 October 2, 2024 surrounding properties, focusing on what could be built rather than what currently exists on a zoning map. Committee Member Jenn Kagiwada expressed interest in exploring available technology to assist with information extraction. Committee Chair Ashley Kierkiewicz emphasized the importance of the department being sufficiently equipped to effectively carry out. the bill's objectives. Bill 134, as amended to Draft 2, was postponed to the Planning, Land Use, and Development Committee meeting of April 2, 2024, with eight "ayes," and Ms. Lee Loy absent. Planning, Land Use, and Development Meeting of April 2, 2024. Planning Director Zendo Kern and Deputy Director Jeffrey Darrow were both available in the Hilo Chambers for questions. Mr. Kern raised concerns about the metrics and how the bill might affect staff workload. Ms. Galimba acknowledged the department's efforts and questioned the usefulness of the information given the potential burden. Ms. Lee Loy suggested finding alternative ways to gather information without adding strain and aligning the radius distance with existing County applications. Bill 134, Draft 2, was then referred to the Planning Director and Windward and Leeward Planning Commissions. Planning, Land Use, and Development Meeting of August 20, 2024. On. July 26, 2024, Mayor Mitchell. D. Roth, via Communication No. 741.5, forwarded an unfavorable recommendation to the Council from the Windward Planning Commission as recommended by the Planning Director; and forwarded a favorable recommendation from the Leeward Planning Commission based on suggested amendments from Mr. Inaba and further amendments related to including properties in the report within a one -quarter mile radius of the property being rezoned, rejecting the recommendations of the Planning Director. Planning Director Zendo Kern was available in the Kona Chambers for questions. Mr. Inaba proposed an amendment explaining its purpose to further clarify information about properties within a quarter mile radius of a specific parcel, including zoning changes, status of conditions, expiration of those changes, and potential for creating new lots through subdivision. Mr. Kern noted that the amendment strengthens the bill's foundation. Ms. Lee Loy recommended aligning the distance requirements with other existing County applications and exploring the use of software to help identify areas where approval conditions still need to be met. Committee Chair Ashley Kierkiewicz recommended withdrawing the amendment to give the Planning Department time to review and provide feedback. The proposed amendment via Communication No. 741.6 was withdrawn by Mr. Inaba. PCPLUD Report No. 14 PCPLUD-14 Page 3 October 2, 2024 Bill 134, Draft 2, was postponed to the Planning, Land Use, and Development Committee meeting of September 3, 2024, with nine "ayes." Planning, Land Use, and Development Meeting of September 3, 2024. Bill 134, Draft 2, was postponed to the Planning, Land Use, and Development Committee meeting of October 2, 2024, with seven "ayes," with Ms. Evans and Ms. Galimba absent. Planning, Land Use, and Development Meeting of October 2, 2024. Planning Director Zendo Kern and Deputy Director Jeffrey Darrow were available at the Hilo Chambers, with Planner Maija Jackson joining via Zoom, for questions. Mr. Inaba proposed an amendment explaining its purpose to further clarify the contents of reports and to decrease the reporting area from a quarter mile to 1,000 feet. Mr. Kern reiterated his concerns about applying the same 1,000-foot radius across various zoning areas and its impact on department staff. Ms. Jackson provided examples of how many properties would need to be analyzed for the proposed report. Ms. Kagiwada questioned the usefulness of the data and shared concerns about staff resources needed to compile such extensive information. Committee Member Heather Kimball suggested possible tools for a more efficient method for extracting information. The Committee deliberated on establishing a more appropriate radius distance, such as 300 feet. The proposed amendment via Communication No. 741.8 was withdrawn by Mr. Inaba. Mr. Inaba then proposed another amendment, which clarifies a 1,000-foot radius for properties in state agricultural districts and a 300-foot radius for properties in state urban or rural districts. Mr. Kern shared his support for the amendment. Bill No. 134, Draft 2, was amended with the contents of Communication No. 741.9, with eight "ayes," with Ms. Evans absent. Your Policy Committee on Planning, Land Use, and Development is in accord with the purpose and intent of Bill 134, as amended to Draft 3, 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 DEVELOP14ENT ASHLEY L. KIERKIEWICZ, CHAIR PCPLUD REPORT NO.: 14 ADOPTED: OCT 1 6 2024