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HomeMy WebLinkAboutMIN PCPLUED 2025/01/21 (2024-2026)Policy Committee on Planning, Land Use, and Economic Development 2nd Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii January 21, 2025 CALL TO The regular meeting of the Policy Committee on Planning, Land Use, and ORDER: Economic Development was called to order at 3:06 p.m., in the Council Chambers, Kailua-Kona, by Ms. Michelle Galimba, Acting Chair. ROLL CALL: Present: Ms. Michelle M. Galimba, Vice Chair Mr. James E. Hustace Mr. Holeka Goro Inaba, Member Ms. Jenn Kagiwada, Member Ms. Heather L. Kimball, Member Mr. Dennis "Fresh" Onishi, Member Ms. Rebecca Villegas, Member Absent & Excused: Mr. Matt Kaneali`i-Kleinfelder, Member Ms. Ashley L. Kierkiewicz, Chair STATEMENTS The Acting Chair directed the Committee to proceed to the next order of FROM THE business. Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Acting Chair: Naomi Melamed: Bill 194 (Comm. 985), in support. Debra Greene: Bill 194 (Comm. 985), in support. Cindy Evans: Bill 194 (Comm. 985), in support. ACTING CHR. GALIMBA: Thank you. Could you read Bill 194 in. BILLS FOR The Acting Chair directed the Committee to proceed to the next order of ORDINANCES: business, Bills for Ordinances. PCPLUED-2 January 21, 2025 Bill 194: AMENDS CHAPTER 25, ARTICLES 1, 2, 4, 5, AND 7, OF THE HAWAI`I (2022-2024) COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO TELECOMMUNICATION ANTENNAS AND TOWERS Amends the definition of "telecommunication antenna" and adds a definition for "telecommunication tower", expands plan approval requirements, allows for telecommunication antennas or towers in any zoning district upon approval of the Planning Director, and revises siting, design, and operating regulations to align with State law. Reference: Intr. by: Referred to Planning Commissions: Comm. 985 Council Member Evans August 23, 2024 ; and Comm. 985.50 From Managing Director William V. Brilhante, Jr., dated December 20, 2024, transmitting for Council's consideration and action, letters from the Windward and Leeward Planning Commissions. Motion to Approve: Mr. Inaba moved to recommend passage of Bill 194 on first reading. Seconded by Ms. Villegas. ACTING CHR. GALIMBA: I would like to propose that we hold this bill in Committee until our February 41h meeting because the Planning Commission has a bill on the same subject. So, it would make sense, I believe, to consider them both at the same time. And their bill is at LRB (Legislative Research Branch), and (Planning) Director Darrow assured me that it will be coming up in the next Committee hearing. So, if everybody is okay with that idea, could I have a motion to postpone until the February 4th meeting, or if you would like to discuss preliminarily at this time, we could also do that. MS. KIMBALL: I'm just going to propose actually that we shift it out one more meeting because if it's at LRB, it has already missed the deadline for the 41h ACTING CHR. GALIMBA: Okay. MR. HENRICKS: Just for clarification, it's not. It was received, as all administrative bills, it's just in the process of being numbered and whatnot. MS. KIMBALL: Okay, so it will be then. Okay, thank you. MR. HENRICKS: I was just asked about a numbering question. So, it's right in the middle of that process of being numbered, published, and distributed. Page 2 PCPLUED-2 January 21, 2025 MS. KIMBALL: That makes more sense than having it at LRB. But I wasn't meaning to question the wisdom of the Chair. Motion to Postpone: Ms. Kimball moved to postpone Bill 194 to February 4, 2025. Seconded by Mr. Inaba. MR. HENRICKS: I would want to check, though, I don't know with the Chair if there might be a deadline issue. If the Chair would consider a breach of the deadline if it is the objective of this committee to have the bills in the same —well, I'm looking at the Chair first, because that's the ultimate authority. MR. INABA: It was a request, actually, of the Committee Chair to have it on the same day. So, we'll work to accommodate that. MR. HENRICKS: Okay, thank you. Just wanted to make sure that wasn't impediment to the calendar. Thank you, ACTING CHR. GALIMBA: Fantastic. So, I believe we have a motion to postpone to February 4, 2025. All in favor, please say, "aye." Any opposed? Vote on Motion The motion to postpone Bill 194 to February 4, 2025 to Postpone: was carried by the following voice vote: (Approved) Ayes: Committee Members Hustace, Inaba, Kagiwada, Kimball, Onishi, Villegas, and Acting Chair Galimba — 7. Noes: None. Absent: Committee Members Kdneali`i-Kleinfelder and Kierkiewicz —2. Excused: None. ACTING CHR. GALIMBA: We'll move on to Bill 22. Bill 22: AMENDS CHAPTER 25, ARTICLE 5, OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO HOSPITALS, SANITARIUMS, OLD AGE, CONVALESCENT, NURSING AND REST HOMES Adds hospitals, sanitariums, old age, convalescent, nursing and rest homes as permitted uses in the Industrial -Commercial Mixed Zoning District. Reference: Comm.93 Intr. by: Council Member Kierkiewicz (B/R) Motion to Approve: Mr. Inaba moved to recommend passage of Bill 22 on first reading. Seconded by Ms. Kimball. Page 3 PCPLUED-2 January 21, 2025 ACTING CHR. GALIMBA: Any discussion? Do we have Director Darrow? (Note: At this time, Planning Director Jeff Darrow came forward to address the members of the Committee.) MR. DARROW: Aloha. I am thinking this is supposed to pop up there. But I think I need Scott's help. There is goes, okay. Looks okay, looking good? Thank you. Jeff Darrow with the Planning Department. So, this is Planning Director initiated. A bill relating to hospitals. The request is to add hospitals, sanitariums, old age, convalescent, nursing and rest homes within the Industrial -Commercial Mixed or MCX Zoning District to improve access to healthcare services while insuring compatibility with Industrial and Commercial land uses. That is the purpose of the bill. The proposed amendments are very simple. We're just adding a section to the bill under 25-5-132 (a). It'll be a new Number (26), which again identifies the use as "Hospitals, sanitariums, old age, convalescent, nursing and rest homes." The Planning Director is proposing to permit hospitals within the MCX District for the following reasons: It aligns with the Public Health and Safety goals within the General Plan, it is consistent with the intent of the Industrial -Commercial Mixed District, it meets the needs of a growing population, and it has economic and employment benefits. The Planning Director's recommendation is to forward a favorable recommendation to the Hawaii County Council. And the Planning Commission's recommendation; for the Windward Planning Commission at it's November 1, 2024 hearing they voted to forward a favorable recommendation to the Hawaii County Council. And on November 21, 2024, the Leeward Planning Commission voted to forward a favorable recommendation to the Hawaii County Council. That concludes our presentation. Are there any questions? ACTING CHR. GALIMBA: Thank you, Director Darrow. Council Member Kagiwada. MS. KAGIWADA: Thank you. Director, I can understand this from the point of hospitals. I'm just wondering is that category with all those other old -age homes, nursing homes and all that. Is that just always considered one category, because to me those seem more like almost residential. I mean, people live there fulltime. Very different from hoppitals where people come and go. We're generally not putting residential into industrial. So, I'm jsut wondering, are those things always all grouped together. Is there a reason that you feel Page 4 PCPLUED-2 January 21, 2025 strongly about the nursing homes, old age homes, sanitariums; those being a part of this as opposed to just hospitals and healthcare facilities. MR. DARROW: Aloha, Council Member Kagiwada. They are a use that connected together. So, when you look in the Zoning Code under Hospitals, it's always connected to those additional uses. In most districts, all of the Residental Districts, and some of the Agricultural Districts, this particular use will require either a use permit or a speical permit depending on where it's located. In several Commercial Districts, it's outright permited as well as other districts. It's not permited in the Industrial zonings. But there has been a growing need, and a request to the Planning Department within the Commercial -Industrial Mixed District. We've noticed a significant amount of requests around the island to consider this use within the MCX District. MS. KAGIWADA: Okay, but are they requests for hospital and healthcare facilities? Are you actually getting requests for old -age homes, nursing homes, those in the Mixed -Use Industrial as well? MR. DARROW: Again, we didn't really take a look at separating the use. The requests normally is for hospitals, but this will also allow the additional accessory uses, if needed. If you feel strongly about wanting to break up that use, we could consider that and just put hospitals within the MCX District. But I think just having the ability to consider the other ones as part of the overall use, it should be okay moving forward. MS. KAGIWADA: Okay. I'm thinking about this game that I play called "Between Two Cities." It's a city -planning game. I don't know if you've heard of it. But you get negative points when you put Residential next to Industrial. So, I just want to make sure, you know, with my limited knowledge here, that we aren't doing something that we don't necessarily need to do as far as including some of these categories just because they have been in the past, connected or put in one place. So, I guess I'm asking you, are there any reasons why we need to include them, or there any reasons why we might want to consider not including all those additional groups in this case? Page 5 PCPLUED-2 January 21, 2025 MR. DARROW: I see your point. Definitely, it is a consideration in regards to — and as you're mentioning some of these appear to be Residential in nature. And so again, if the Council feels that maybe we just separate it out and consider the hospitals as that particular use within the MCX District. My understanding is, that's the main requests we're getting. Not so much for the other particular uses. MS. KAGIWADA: Okay. Well, I'd love to hear from my fellow Council Members on that. But I'm supportive of the hospitals being included in the Mixed -Use space. Thank you, I yield. ACTING CHR. GALIMBA: I don't know who was first. Council Member Inaba. MR. INABA: Alright. Just checking. I was trying to check with you here, but sanitariums, old age, convalescent; are those all terms that are defined already in the Code? And just to clarify, this is a bill that was initiated by the previous Planning Director? MR. DARROW: Yes. Please excuse me as I get up to the definitions. MR. INABA: Yeah, I don't have a problem with this policy decision. I think I just want to make sure that any terms we're using here were clear what it means. I know there's discussion in my district for a new medical facility. And it looks like this would allow for that to happen. So, we're just being proactive as a County, which I'm appreciative that the former director had initiated this bill. But again, just trying to be clear on whether we share the same understanding of what we're permitting here using the language in this bill. MR. DARROW: So, I don't see definitions for the other uses. I can see a definition for hospital. MR. INABA: Okay, I'll yield for now. I think let's just make sure we can clarify whether we're adding definitions or we're just removing certain terms like what Council Member Kagiwada mentioned. I'll yield for now. Thank you. ACTING CHR. GALIMBA: Thank you. Council Member Kimball. MS. KIMBALL: Thank you. Two quick points. You may not know Director for certain, but I would presume in response to Council Member Kagiwada's question, the Department of Health (DOH) would probably have some requirements in terms of siting these other types of facilities, where if there were concerns about the health and welfare being of folks in those types of facilities in that location, they probably would be prohibited, I would anticipate. Would you know for certain if the DOH has authority over the siting of these types of facilities listed? Page 6 PCPLUED-2 January 21, 2025 MR. DARROW: I'm not sure about nursing homes, rest homes, convalescent, old age, and sanitariums, but group living facilities, which is a typical use, you'll find within the Code that's permitted almost in every district; it needs to be sited through DOH. You have to go through them to make sure you comply with whether you're a special treatment facility or adult residential care home or they have a number of different types of facilities. And you have to go through licensing for them. I would think these would fall under one of those categories. MS. KIMBALL: I will try to find the piece of the HRS (Hawai`i Revised Statutes) prior to our next hearing. But I do think that the full breadth of what is covered in this amendment is covered by DOH regulations as well. Then, I just wanted to make a quick note that I do think we have a fair bit of Legacy Zoning in the Mixed -Industrial that I would like to encourage you to consider downzoning some of those into existing zonings that would already have these uses associated. I know that's not up to you, that's up to the landowners. But that would be for me, just a preferable approach. I mean I'm still going to support this. But I think ultimately, as we are reviewing the General Plan, reverting some of these Historic Industrial that are no longer in that class; moving them to another class is a preferential action for me. Thank you. ACTING CHR. GALIMBA: Thanks, Council Member Kimball. Anyone else? Council Member Onishi. MR. ONISHI: I echo what they are saying, like Ms. Kagiwada. I remember back when they wanted to do the Homeless Shelter in this old Kailua Industrial area. So, when they were proposing that, I asked them, okay, why can't we also have Apartment -Residential? And they said, it's not good, Mixed Use with Industrial and Commercial. So, I'm looking if it is, and if you folks are going to have Senior Assisted projects like that. Then why can't we put Residential in here too, right? So, I would support if you could just put maybe hospitals and clinics, and I'll be fine with that. Unless you're willing to put in Residential. But you know, because when we were discussing that back then, too, if we can have, I guess, homes closer to where they work, then we're going to relieve traffic, right? So, that was the talk back then. MR. DARROW: Thank you, Council Member Onishi. As mentioned through the confirmation hearings, we've been going through the General Plan update, and we're also concurrently working on the Zoning Code update. And once the General Plan —if the General Plan gets adopted, whatever the General Plan directs the Codes in regards to the objectives, goals, policies, actions within the plan to update and change the Code, we're going to reflect that. Page 7 January 21, 2025 Right now, there has been discussion about considering Residential as part of the Industrial -Commercial Mixed. It makes sense, and again, for the reason that you mentioned, live -work -play. You want to be able to have that activity. We find ourselves struggling because there's uses that have accessory types of Residential uses like security guard or on -site manager or whatever that may be. It's just kind of a roundabout way to get somebody to live on the property, even in Industrial. That's not the intent we're trying to do. We're trying to get it to where people can live and work and be able to have that ability. It's not appropriate in Heavy Industrial; it doesn't appear to be appropriate in Light -Industrial, but in Industrial -Commercial you'll find there's quite a bit more Commercial than there is Industrial. And so, it seems appropriate. I remember you bringing that forward before and I'm not sure why it didn't go all the way through, but hopefully, it will this time when we do bring it forward. Thank you. MR. ONISHI: Would the CDP's (Community Development Plans)? MR. DARROW: Make a play in that? Once the General Plan is adopted, and it depends on the timing. We would hope to come right behind it with the Code updates. But I'm not sure how quickI mean, we only have so many people. So, we can only do so much work. But we do, as I mentioned at the confirmation hearings, South Hilo is priority. And we will look at updating all of the CDP's when we can get to those. MR. ONISHI: Okay. Point of Order: MS. KIMBALL: Point of order Chair, I feel we're straying a little bit from the subject at hand, thank you. MR. DARROW: Thank you. Sorry. MR. ONISHI: Thanks Director, and thank you, Chair. ACTING CHR. GALIMBA: So, any other Council Member? Council Member Kagiwada. MS. KAGIWADA: Sorry, just real quick. Yeah, I agree. If we can keep Residential and basically, Group Residential, which you know, nursing homes and those things basically seem to be similar. Unless as Council Member Kimball pointed out, there are specific Department of Health guidelines that oversee the more group home things that would make sure that they are in appropriate places, then I would like to see that kind of, what I think is an imbalance or you know not making sense across the board, just figured out, and we can do it someway easily here or if we need to figure that out. Page 8 PCPLUED-2 Vote on Bill 22 January 21, 2025 So looking forward to seeing, you know, what the requirements are there and how we can figure this out; but supportive once again of the hospitals. ACTING CHR. GALIMBA: Thank you. Yes, I think we need to have more flexibility on where we site our hospitals. We definitely need more healthcare on this island. So, in support, personally. And seeing no other lights on, all in favor of forwarding Bill 22 to the Council with a favorable recommendation, please say, "aye." Any opposed? The motion to recommend passage of Bill 22 on first reading (Approved) was carried by the following voice vote: Ayes: Committee Members Hustace, Inaba, Kagiwada, Kimball, Onishi, Villegas, and Acting Chair Galimba — 7. Noes: None. ADJOURN- MENT: Approved: Absent: Committee Members Kaneali`i-Kleinfelder and Kierkiewicz —2. Excused: None. ACTING CHR. GALIMBA: So, that brings us to the end of the agenda for this committee. It is 3:40 p.m. and the next committee will begin shortly. Thank you. There being no further business, Acting Chair Galimba adjourned the meeting at 3:40 p.m. Ms'Ashley L. Kierkiewicz, Chair Policy Committee on Planning, Land Use, and Development AK/dt q,�- - --, (Date) Page 9