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HomeMy WebLinkAboutMIN PCPLUED 2025/02/18 (2024-2026) DRAFT Policy Committee on Planning, Land Use, and Economic Development 4th Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii February 18, 2025 CALL TO The regular meeting of the Policy Committee on Planning, Land Use, and ORDER: Economic Development was called to order at 3:31 p.m.,in the Council Chambers, Kailua-Kona, by Ms. Ashley Kerkiewicz, Chair. ROLL CALL: Present: Ms. Ashley L. Kierkiewicz, Chair Ms. Michelle M. Galimba, Vice Chair Mr. James E. Hustace Mr. Holeka Goro Inaba, Member Ms. Jenn Kagiwada, Member Mr. Matt Kaneali`i-Kle nfelder, Member Ms. Heather L. Kimball, Member(via videoconference from Hilo) Mr. Dennis "Fresh" Onishi, Member Ms. Rebecca Villegas, Member STATEMENTS The Chair directed the Committee to proceed to the next order of business. FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Chair: Cyrus Johnasen: Bill 194 (2022-2024) (Comm. 985), and Bill 24 (Comm. 110), comment. April Lee: Bill 194 (2022-2024) (Comm. 985), comment. Susan Higa: Bill 194 (2022-2024) (Comm. 985), comment. Naomi Melamed: Bill 194 (2022-2024) (Comm. 985), and Bill 24 (Comm. 110), comment. Debra Greene: Bill 194 (2022-2024) (Comm. 985), and Bill 24 (Comm. 110), comment. Chuck Flaherty: Bill 194 (2022-2024) (Comm. 985) comment. (representing Sierra Club of Hilo) PCPLUED-4 February 18,2025 Nancy Pisicchio: Comm. 120, comment. Cindy Evans: Bill 194 (2022-2024) (Comm. 985) and Bill 24 (Comm. 110), in support. CHR. KIERKIEWICZ: Thank you to the members of our public for your testimony and being engaged. Mr. Clerk, let us start with Communication 120. COMMUNI- The Chair directed the Committee to proceed to the next order of business, CATIONS: Communications. Comm. 120: REQUESTS THE FORMATION OF AN AD HOC COMMITTEE PURSUANT TO COUNCIL RULE NO. 7 AND SECTION 92-2.5(b)(1)(A) OF THE HAWAI`I REVISED STATUTES FOR RECOMMENDATIONS RELATING TO COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEES From Council Member Ashley L.kierkiewicz,,dated January 28, 20 5. Motion to Approve: Mr. Hustace moved to close file on''Comm. 120. Seconded by Mr. Inaba. CHR KIERKIEWICZ: If you folks don't have any issues, I'll be proceeding to lead the discussion, as this is my communication. MR. HUSTACE: Please Chair. CHR. KIERKIEWICZ: Thank you. For several years now, I've been wanting to work with the planning Department to find ways to further empower members of our community to take action, not just on what has been identified in each of our respective Community Development Plans (CDP), and also noting that not all communities have a CDP. But really,just to empower community to take action to solve for things,with the support of government. So, I wanted to start an Ad Hoc Committee to evaluate the action committee's structure and to take a look at models that exist within our community across the State of Hawaii and even municipalities on the continent to find ways in which we can improve our community and local government collaboration. So, looking for three members of this body, that are interested in joining me on this nine-month quest to evaluate the effectiveness of the action committee's structure; to talk story with action committee members. Ms. Pisicchio, I want to thank you for your testimony, and have noted here that I will be agendizing conversations with current action committee members. But do want to make sure that we are engaging folks that have served on the committees, because I think everybody's mana'o in this space is really valuable and invite the Page 2 PCPLUED-4 February 18,2025 Planning Department to be engaged as we think about ways that we can further empower our communities. So, if there are members of this body that are interested, please let me know. It'll be a really fun time. We will be presenting a report to the Council with recommendations on how we can, again, strengthen our relationships with community members and their ability to take action. That could lead to changes to Chapter 16, but that has yet to be foreseen. Right now, we're just having a conversation on community engagement as it relates to action committees. Council Member Hustace. MR. HUSTACE: Thank you, Chair. L am willing to support and serve on the committee. Grateful to have two different models of the CDP,,or more less framework in District 9 where North Kohala is kind of a little bit more loose, but there's a definite, you know, larger community engagement in the process. And then, South Kohala that has its more formal sort of entity with the CDP. So, happy to be part of the process and journey,. Thank you. CHR. KIERKIEWICZ: Thank you. Council Member Villagas. MS. VILLEGAS: Sure. I just have a question for Mr. Henricks. I guess for a point of clarity, this has been put forward. We're voting on whether or not to create an Ad,Hoc committee for starters. And then, people would volunteer from Council toparticipate, correct MR. HENRICKS: Not exactly. There's no motion or vote to form the committee itself. 'The motion on the floor right now is a closing file on it. The Council Rules provide that, when an'Ad Hoc Committee is formed, the Chair of the committee to which that matter is referred, or is it the Council itself that determines the,membership and whatnot. It's not a matter of deliberation and voting on membership. That being said, you know, if this body was disinclined to form this committee, you could vote to close file today and just file the communication. MS. VILLEGAS: Okay. Thanks, I was just trying to get clarity on that because you know, we could just bring it forth and say, we're making an Ad Hoc committee and then you know, we just have it. And that would be concerning to me. So essentially, this is bringing forward the potential for members of Council to participate in an Ad Hoc committee that would take up received issues, concerns; ideally, support of our current CDP Action Committees. Page 3 PCPLUED-4 February 18,2025 I guess for starters, I have a couple of red flags because I'm hearing this coming from, what it sounds like, the Planning Department and some fair issues with the CDP Action Committees. And I have enough experience in working with our CDP Action Committee in my district, and seeing the challenges, especially under the prior Administration, or not giving them. You know, they don't have the authority to tell us what to do. But they can advise us. And I know our action committee is very active and very engaged; very educated, and experienced, and has been effective. But when bringing things you know, like holding Planning accountable for disparity in claims versus actions, they have not received the amount of respect and consideration in being held accountable to making decisions based on what they claim. So, I suppose I'm a little concerned on this because I want to make sureI mean, I'm concerned because people reached out to me from our actions committees and said, "Where is this coming from?" None of them knew about it; none of them were asked about it. They're current chairs or vice-chairs weren't included in the conversation. So, without having to create an Ad Hoc committee per se for those of us already been here on the Council, it seems to me picking up,something, that if it's coming from Planning, they've got their hands full with the General Plan and rewriting Chapter 11. So, you know,my question to the Council°here today is. There's more than five of us, and we need four of us to participate, but is it really the will of the Council to create an Ad Hoc committee to you know, analyze and interview people from the Action Committees? I'm concerned-because the last Administration came in and the first statements out ofthe Planning„Director's mouth, was they were going to do away with the action,committees. And then they backtracked and said, "Oh no, that's just because we don't have the staff to manage them right now. So, we're postponing them." So, for me red flags are everywhere. And I had a hard enough time with another issue that we had brought before us when they did step up; they did their homework. They came for the first time and provided testimony from the action committee in opposition of the development because its nonalignment with the General Plan. And our infrastructure capacity in specifically in District 7. And they king of got pushed aside. Thankfully everything worked out. But you know, that's my experience with this. So, I'm just a little leery of this right now. I'll yield. Page 4 PCPLUED-4 February 18,2025 CHR. KIERKIEWICZ: Thank you for sharing your concerns. And I just want to make sure it's stated for the record that this is not being initiated by the Planning Department. You know, Rule 7 of our Council Rules allows for members of this body to create Ad Hocs and study issues that they feel are important. And I think four heads are better than two. So, definitely, want to make sure that we are getting as many folks that are interested on this body to participate. I also don't think that Action Committees are the only way in which community members can engage. Oahu has Neighborhood Boards; Sari Diego has Community recognized groups. I want to honor every„single way in which member of our community can contribute to implementing the vision that they have for their particular neighborhood. An Action Committees are not the only vehicle. So, let's look at others in addition to Action Committees. But none of this is about taking Action Committee structures away from the community. It's finding additional Ways to empower people to take action. Lot of ideas, but I think community members need a big help of going from idea to tangible reality. Council Member Hustace MR. HUSTACE: Thank you Chair. And thank you for the clarification, Chair, on the inquiry made by Council Member Villegas. But think it's also opportunity, as we have the General Plan moving forward to kind of see how else community can get involved as far as the process. And be kind of the boots-on- the ground in community when it comes to'action, implementation, tracking things in the community and so forth. When'I stepped'in this role I saw some challenges with the CDPs in District 9. South Kohala has gone through some legal core issues from time to time. But there are community members that want to be engaged. Most of them are holdovers,'and that's something that we have to work with the Administration on, of course, to see how we can see how we can re-engage those people; have them reapply; try to find new members to step forward. On the other side of the spectrum, we have North Kohala, who stepped away entirely from the structure of the Planning Department. So, not really supported by staff. But there are community members that want to keep pursing that model and have other mechanisms that they are interested in the community that necessarily don't speak to the CDP or the General Plan. But things they want to talk about in their community as other sort of mechanisms. So, trying to see if there's a happy medium ground on that sort of system, as well as more structured eventuality for some of our CDPs and see what is a possibility that community can really get around and be engaged with. So, that's why I'm kind of really interested in seeing the possibilities for community as we reimagine or rethink about CDPs can re-engage communities. Thank you. Page 5 PCPLUED-4 February 18,2025 CHR. KIERKIEWICZ: Thank you. Council Member Kimball. MS. KIMBALL: Thank you Chair, and thank you for bringing this forward. And I'd like to put my name forth as somebody to participate in the Ad Hoc. I have engaged pretty regularly with out CDP Action Committee in the Hamakua area. But also with a few of the other CDPs across the County as various times. One of the things that I will say, has been my observation and experience is, a frustration with some of the members about not having clear guidance or understanding about what their authority,jurisdication, and kuleana really is. You know, there's always been the debate on:whether or not the Action Committee should be bound by Sunshine Law. I would argue,no, because if you looked at the strict law language of the Code that creates them;they actually don't have any authority that they have jurisdiction,over, which is one of the requirements of the Sunshine Law;,is that you can't discuss things that you have jurisdiction over. So, if you don't have any,jurisdiction, then you shouldn't be subject to Sunshine Law. My point is to say, that we have community members that are committed that want to contribute that they have important things to say; that have important experiences; that have important networks in our communities. And in their current formation, the CDPs don't allow truly valuable contributions from that framework. You know, I think, the object was clear, that these action committees would take the recommendations of the CDPs and help implement where the County is not able to implements,or it's not our purview to implement. And so, you know, that's stiWas critical function that we actually need to resource. I would love to see the CDPs'supported by a nonprofit entity or arm that would allow them to have some resources to actually engage in implementation in these communities. I will add to the conversation that I'm actually in a graduate program right now, and this is'one of my courses this semester. It's looking at community-driven resilience strategies and what some of the successful models have been throughout the country. So, I would love to be able to bring that working knowledge to the discussions of this Ad Hoc. I think there's tremendous opportunity to really strengthen the community involvement that can come from these bodies with some just refinement and clearer define objectives and goals for the body. So, thank you for the opportunity to participate. CHR KIERKIEWICZ: You're in. Thanks Council Member Kimball. Council Member Kagiwada. Page 6 PCPLUED-4 February 18,2025 MS. KAGIWADA: Thank you, Chair. So, this is something that I've been thinking about for several years, South Hilo not having an updated Community Development Plan or an active Action Community. So, you know, I feel like it's my kuleana to step up and make sure that this happens and that something comes out of it for the residents of South Hilo who have just not had the voice and the ability to participate in this way. It's a good timing, I think, because we will be looking,at updating, or as I say, the Redevelopment Plan for Hilo, hopefully starting up in the next year. So, I think it's really good timing to start fresh and think about,no pun intended, but obviously I only represent part of the district that's notcurrently represented with a Community Action Group. But I would be happy to step up and work on this with the idea oft you know, I'm coming to this without anything really in our'district. So, I feel like I have an open mind for what this could be going forward. Thanks. CHR. KIERKIEWICZ: Thank you. Council Member Villegas. MS. VILLEGAS: Thank you everybody for stepping up. And ironically, I'm going to you beat me. I'actually feel it would be appropriate for me to participate in the Ad Hoc and represent West Hawaii. At the current potential of putting this Ad Hoc, it's predominantly from the East side. While I appreciate Council Member Kagiwada, your enthusiasm, because Hilo is navigating it's way into this space, I feel, and I would ask for my colleagues' support that if you wouldn't mind,stopping back and allowing me to represent Kona. As we actually do have a lot of experience with our CDP Action Committee,,and we arevery active. And there are a lot of members from our group who Want to make sure that we're represented. So, while it's kind of ironic, I think that it's also imperative to have somebody on the Ad Hoc that does have kind of the checks and balance for the purpose of the Ad Hoc to be participating. And a little more experience with what's going on and representing the West side. So,,I'mmot sure how that works. How we vote on who the four people are or who deckles, but I would humbly ask if you wouldn't mind allowing me to take this role, or we vote on it, or however it needs to go. But I do think it's very important that West Hawaii be represented equitably, as we're going to take on this Ad Hoc. I yield. CHR KIERKIEWICZ: It's very hard for me to choose the members of the Ad Hoc, and I'm very excited to hear that you're interested in serving, Council Page 7 PCPLUED-4 February 18,2025 Member Villegas. Do folks want to weigh in on what the potential makeup of the Ad Hoc looks like? Council Member Inaba. MR. INABA: Well, I think you know where I'm heading with my mana`o. And it is to have someone, because when I think of you know, Council Member Kimball bringing in that bridge from rural areas from Waimea all the way in to Wainaku, when covering it demographically, you folks are often in Hilo. You bring together the East Side. Mr. Hustace covering North Kohala and that whole community. And I think, you know, Kona is a big area with an active Action Committee. So, I think it would be to the benefit, maybe even with the findings in the end',to have Council Member Villegas serve. CHR. KIERKIEWICZ: Thank you, Anyone else here in Kona?,Mr. Kdneali`i- Kleinfelder. MR. KANEALI`I-KLEINFELDER: I was going to say the same thing Mr. Inaba said. If the point is three of you on the Action,Committees, and we think islandwide and what these committees do for each portion of our island, it's good to incorporate Kona into the mix, CHR KIERKIEWICZ: Council Member Kimball, did you have anything else to add? MS. KIMBALL: I actually had'a quick procedural question. Just you know, because of the nature of the Ad Hocs and I think I already know the answer to this,but I want to have it on record from Corporation Counsel. That by having an Ad Hoc committee that"has the responsibility of reviewing the Action Committees,,there wouldn't be any problem with nominations to the Action Committees coming before Council. I just want to confirm that for the record before e move forward. I don't know is Corporation Counsel is still over there. MR. HENRICKS: She's coming forward. MS. KIMBALL: Alright. Thank you. (Note: At this time, Corporation Counsel Renee Schoen came forward to address the members of the Committee.) MS. SCHOEN: Good afternoon, Renee Schoen, Corporation Counsel. I don't see an issue with that, because I think the purpose of the Ad Hoc committee is broad enough in that, not only are you looking at current Ad Hoc committees and their functions, but you're also looking at other ways that communities can be engaged, other than the Ad Hoc committees. Page 8 PCPLUED-4 February 18,2025 The second thing is that, I think it's an attempt to improve community engagement. So, I don't necessarily see how that would conflict with you know, potential members coming before this body for confirmation. I'm not sure if that answers my question. MS. KIMBALL: That answers my question. I just wanted to be sure of that, you know, with Chapter 92, HRS, there are some pretty tight rules around Ad Hocs, and then what can be discussed outside of the Ad Hoc. ,And like I said, I didn't think it would be a conflict, but I wanted to be assured of that before we move forward. I'm really glad, Council Member Villegas,that you stepped up to participate if you think your participation and experience will be invaluable. ,Sep,,look forward to having you as part of the team. Mahalo. CHR. KIERKIEWICZ: Thank you., Council Member Hustace. MR. HUSTACE: Thank you, Chair. Wow,it's great to hear the interest in joining the committee. So, I will respectfully,step away. But I have some members in the community that would love the Ad Hoc Committee to have conversations with those different models across North and South Kohala. So, I'll recommend some names to the committee. Thank you. CHR. KIERKIEWICZ: Thank you. I really appreciate that. I know how excited you were to engage at this level. Council Member Kagiwada. MS:'KAGIWADA: Thank you, Council Member Hustace. I was going to say, that I also do really appreciate Council Member Villegas for stepping up to engage in:an Ad Hoc and to put the time and effort into it. It's really important, and you know,to have representation around the island. And I do, respectfully, still:want to be on because I really think it's important that the community that has net Action Committee and hasn't had an Action Committee is involved in the discussion as we go forward and what it should look like because we are very much looking to participate and build one in our community. CHR KIERKIEWICZ: Thank you. Any other comments? Okay, seeing none, Members of the Ad Hoc related to CDP Action Committees are: Council Members Heather Kimball, Jennifer Kagiwada Rebecca Villegas and myself Ashley Kierkiewicz serving as Chair. I thank you ladies so much for stepping up. like I promised, it's going to be a lot of fun. So, you'll get communication from my office regarding the meetings' schedule. We'll anticipate meeting at least twice a month with additional community outreach to members of the Ad Hoc Committees. With that, may I have Page 9 PCPLUED-4 February 18,2025 MR. HENRICKS: Madame Chair, before you ask for a motion to postpone, which I assume you are headed, can you clarify for the record that the scope of the investigation is articulated in Communication 120? CHR. KIERKIEWICZ: Yes. For the record, the scope of the work of the Ad Hoc Committee is articulated in Communication 120. MR. HENRICKS: The rules also require articulation of any rules of authority. So, if you'd like to designate a Chair and Vice Chair. And then that would complete the process for today. And then a motiowto„postpone would be in order. CHR KIERKIEWICZ: Okay. I will serve as Chair of this committee and appoint Council Member Kimball to serve gas committee Vice Chair. Motion to Postpone: Mr. Inaba moved to postpone Comm. 120 to the Call of the Chair. Seconded by Ms. Kagivuada. CHR KIERKIEWICZ: Any discussion? Seeing none, all those in favor please say, "aye." Any opposed. Vote on Motion The motion to postpone Comm. 120 to the Call of the to Postpone: Chair was carried by the following voice vote: (Approved) Ayes. Committee Members Galimba, Hustace, Inaba, Kagiwada, Ianeali`i-Kleinfelder, Kimball, Onishi, Villegas, and Chair Kierkiewicz—9. Noes: None. Absent: None. Excused: None. CHR. KIERKIEWICZ: Our Ad Hoc is established. Great job everyone. Thank you. Mr. Clerk, if you could please move to Bill 24. Change Order' As directed by the Chair and with no objection from the Council Members, of Business: the following items were taken out of order: Bill 24: AMENDS CHAPTER 25, ARTICLES 1, 2, 4, 5, AND 7, OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO TELECOMMUNICATION ANTENNAS AND TOWERS (Planning Director Initiated) The Windward and Leeward Planning Commissions forward their favorable recommendations to remove the requirement for a use permit to establish telecommunication antennas and towers in certain zoning districts, add application requirements, and amend standards for the establishment of telecommunication antennas and towers. Page 10 PCPLUED-4 February 18,2025 Reference: Comm. 110 Intr. by: Council Member Kierkiewicz (B/R) Postponed: February 4, 2025 (Note: There is a motion by Council Member Inaba, seconded by Council Member Hustace, to recommend passage of Bill 24 on first reading.) (Note: Comm. 110.6 from Council Member Ashley L. Kierkiewicz dated February 18, 2025, transmitting proposed amendments to Bill 24, was circulated.) CHR. KIERKIEWICZ: Seeing that we have za motion currently on the floor for Bill 24, I'd like to point your attention to Communication 110.6 and request that a member of this body make a motion'to hear this motion. Motion to Amend: Mr. Inaba moved to amend'E ill 24, with the contents of Comm. 110.6. Seconded by Ms. Kagiwada. CHR KIERKIEWICZ: This is not my bill' but as the Chairwoman of the committee, I took it upon,myself to hear all of the mana`o and insights that were provided by members of this body at our last committee hearing and put forth a series of amendments that,are contained here in this communication. I mean, I'll just go through the top and then we can have a discussion. My understanding is that we have Planning Directory Jeffrey Darrow and Planner V, Tracie-Lee Camero in Hilo Chambers for any questions that folks might have. How you guys, great to see you. Great colors. So, starting with the first page, there was a request to have a separate definition for "telecommunication'towers." Also took this opportunity to just list out the different inclusions of"telecommunication antennas" in the first definition so that it is much easier to read. Second page list the proposed definition for telecommunication tower. The next section is related to "Plan approval application requirements." And this is where elements of Bill 194 were woven into Bill 24. So,the second point regarding `Building plans." Removing the "sustained winds"piece and making a general requirement to meet aspects of the Building Code." There is also a request to insure that there is statement provided by the applicant that the infrastructure would not interfere with our"County's land mobile radio system and other emergency communications. So, that is reflected in Number 3 of Plan approval application requirements. That concludes Page 2. Page 11 PCPLUED-4 February 18,2025 Moving over to Page 3, expanding upon the list of what is required in a report to the Planning Department about the location of the facility. There was a request to do some kind of prioritization. And so, this was my attempt in (7)(A)to articulate where we (the County) and the Planning Department would consider situating or not situating this type of infrastructure. So, definitely where there is already existing infrastructure; not in places where there would be an obstruction of public views, especially within our natural areas of ocean shoreline beaches. Wanting to go to places such as Industrial-Commercial Zoning districts; locations that are not visible to adjacent highways, public spaces, parks, schools, greenbelts, other sensitive areas. Then, there was also a conversation abouthow we insure that folks that are unserved, underserved communities, are able to access broadband connectivity. So, these are just various criteria that I was able to come up with the Planning Department as we reviewed ordinances across the country related to some kind of prioritization mechanism. Further down on Page 3,,also within this report,„(F) was also combined with Number (8), and it just didn't make sense for a statement providing the reasoning to also be mixed up with the documentation of community engagement. So, separated those two ideas; Provided a little bit more clarity around what the expectation was for community engagement: That's found in Number(8). And Number (9), took some of the language from'Bill 194 and require that there be documentation by the applicant about an access easement to the building site for fire suppression purposes in the event that the Fire Department needs to access the sites. There is also a desire by this body to have some kind of proof of a maintenance phmI6 ensure safety and functionality of this infrastructure. So, that is now a new`requirement. Then, in the section related to visual impact analysis, pulling from Bill 194 related to a description of the screening vegetation. So, that was added. That concludes the amendments to Bill 24. Planning Department stands ready to answer questions folks might have. But I hope this is a reasonable attempt to address some of the concerns and insights that were provided by members during the last committee hearing. Thank you. Planning Department, nice to see you. Please introduce yourselves for the record and feel free to weigh in on the comments and amendments that are contained in the communication I just reviewed. Thank you. Page 12 PCPLUED-4 February 18,2025 (Note: At this time, Planning Director Jeff Darrow and Planner V Tracie-Lee Camero came forward to address the members of the Committee.) MR. DARROW: Aloha, Chair Kierkiewicz, Vice Chair Galimba and members of the committee. Jeff Darrow with the Planning Department along with Tracie-Lee Camero who's assisting. She was very instrumental in preparing the background and recommendation for this bill. As far as the submittal of Communication 110.6, e really appreciate the effort from Council Member Kierkiewicz in assisting us being able to further bring together these two bills and all the concerns that have been brought up from the different comments that we have heard. !"think we are definitely getting close. I understand that there are questions that we can try to provide�8ome insight or direction to. Thank you. CHR. KIERKIEWICZ: Thank you, Director. Any questions or comments? Council Member Hustace. MR. HUSTACE: Thank you, Chair. Director Darrow, if you could just elaborate on the requirements of the Building„Code. So, thatlanguage about survivability in sustained winds have been removed. So, what are the requirements under the Building Code then? MR..IjARROW. I believe the reason why that's being taken out is because it has a specific mite-per-hour standard. And in the past, whenever we put something within a bill that has a specific standard, it always changes and we end up having to go in,and revise the ordinance. So, in this particular situation, it's just being general to meet those codes, whatever that will be in the Building Code. MR.HUSTACE; Thank you, Chair. CHR. KIERKIEWICZ: Thank you. Just want to check, Council Member Kimball, if you have anything to share from Hilo? MS. KIMBALL: Not at this time. I apologize, I had to step out real quickly, so I missed the deliberation to this point. But I will jump in later if need be. CHR. KIERKIEWICZ: Okay, we're on the amendment, Communication 110.6. Council Member Villegas. MS. VILLEGAS: Thank you, Chair Kierkiewicz, for the time, and, attention, and energy it took to sit with Planning and put together all these amendments. Personally I would have liked to see Bill 194 be the bill that was then taken and Page 13 PCPLUED-4 February 18,2025 some of the items from Bill 24 be amended to go that way. Because it was drafted by the people for the people with the people. But we're going backwards in whatever I would have preferred. But I still hear loud and clear the testimonies from a number of different people who are experts in this field, who are begging because demanding, you know, unfortunately doesn't always work in these circumstances. I myself, I'm trying to navigate how this all fits together. And I have a pretty strong feeling that the community and those that are really focused on this issue, and some that have made it their lives' works and are actually experts in it. I guess I would ask; I would love to see the same committee to give another two weeks for those people to be able to assimilate this information,most efficiently, affectively, and with the eye to detail for some of the issues I know I,myself am more apt to miss for potentialloopholes or areas that might more easily get overlooked by those of us who aren't�in:telecommunications. That's not our jam per se when it comes to this. So, that would be my request, is that this be held in committee for another two weeks and give an opportunity to community members and some of the experts out there to take a look at and come back and testify. And ideally as is the goal, everything gets combined. The concerns get putto bed; loopholes get closed; Planning gets what it needs in order for them to be able to move forward and insure that our island and home remains the safest, healthiest place for not just people, but for our flora and fauna and future generations. So, that's just my ask. I yield, CHR. KIERKIEWICZ; Thank you, Council Member Villegas. Council Member Galimba. MS.'GALIMBA: Thanks for working on these amendments and bringing in materials,' good ideas from Bill 194 and bringing them into Bill 24, which I'm definitely in support of. I guess just looking at this amendment, there's one spot that's a little bit confusing, and I know you've been working on it very hard and very quick. So, this would be on Page 3, Section (7), the list of priorities or the prioritization list. And I see that there's two that seem substantially similar, and there actually is like a little bit of a numbering confusion there where there's two do double (ii's) in a row. But the first(ii) cites, "Sites that do not adversely impact significant public views." And (iii) "Locations that are not highly visible from adjacent roadways, public spaces, parks, schools, greenbelts, or other visually sensitive areas." I'm Page 14 PCPLUED-4 February 18,2025 just wondering if you can talk about what the significant difference between those two is. So, I can understand why there's two of them, when they seem to me pretty similar in what they're trying to get at. There might be some, you know, subtleties there that I'm missing. CHR. KIERKIEWICZ: Sure, and Planning Department feel free to weigh in. And thank you for catching that numbering error, Council Member Galimba. But the first(ii) has to deal with the natural environment. And what is (iii) but really should be (iv) is related to the built environment. MS. GALIMBA: Okay, got it. CHR KIERKIEWICZ: But if your suggestion is to combine the first two and Number (iii), I'm not opposed to that.' 'Again, this is just for the Planning Department to keep in mind as they update the applications. MS. GALIMBA: Right. So, this is not sort of not clear about that. It's not necessarily that you're not going to be affecting these view planes but doing the best that you can to avoid them. CHR KIERKIEWICZ: Do you have specific language that you want to suggest to improve this section? MS. GALIMBA: Well, I think perhaps combining them is not a bad idea. But probably take some wordsmiting. CHR, KIERKIEWICZ: Council Member Galimba, anything else? MS. GALIMBA:' Oh,,sorry,no that's it. CHR. KIERKIEWICZ: Thank you. Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. I just had a couple notes from last time, and I'm just trying to see if they made it over here. One was from Bill 194. The idea of a Fire Safety Plan that meets the requirements of the Fire Department? Is that in here? I've been looking but since I'm not super familiar with all the details, I'm not seeing it. There's something in here that say's, documentation of an access easement to the building site in favor of the Hawaii Fire Department for fire suppression, which I think was part of that. But I thought there was another part of it there, a description of vegetation to be used for screening or anything like that. Then, (C), there was also an executed agreement between the applicant and the Hawaii Fire Department to allow for installation of maintenance. So,just Page 15 PCPLUED-4 February 18,2025 wondering if those pieces were just not part of what you had intended, or am I missing it somewhere, because I had made a note that when we talked about i to add this section to Bill 24. CHR. KIERKIEWICZ: You know, I'm going to actually defer to Corporation Counsel to advise on our ability to mandate a Fire Safety Plan. And I apologize, it was oversight on my part regarding the other piece that you brought up, which is the camera equipment, I believe, that would be installed by Fire and Police. And I can advance another amendment about that. But Corporation Counsel, do you want to weigh in on our ability to require a Fire Safety Plan? MS. SCHOEN: Well, we can weigh in on that. You know,this legislation has been worked on by Ms. Campbell of our office,`as well as Betsy Strance. So, I really wanted to speak to her about it and defer to her. I don't think she's in chambers. But certainly can get back you on that. CHR KIERKIEWICZ: Okay. Director Darrow,you know, in your review of an application packet, does your department,need to see a fire-safety plan or can an affidavit be submitted about there being fire-safety plan? You want to weigh in on this discussion? MR. DARROW: Sure. Thank you, Chair. I believe at the last hearing, we were talking about this particular matter, and notonly this one, but others where it's beyond Planning's expertise. ,So, we would need to rely on this plan being reviewed and approved by the Fire Department prior to them submitting a for an application, which was at that point, a matter of timing. But again, we weren't opposed to it. I think the other consideration:iswe talk about the vegetation in the current proposal. It might be where we speak just beyond in Subsection 11, we talk about the visual impact analysis, but it also talks about mitigation measures to minimize visual impacts. But we might also want to consider mitigation measures as some sort of maintenance plan that they take care of vegetation on the site. It may not be to the level where they have to do a fire-safety plan, but more an actual vegetation mitigation plan that they just make sure that they maintain whatever vegetation that's in the permit area. MS. KAGIWADA: Okay, great. If you can work with Corporation Counsel to just decide if that is something we can and should do or not. That would be great and adding (C)back in. And then the only other thing I had a note on was in Bill 194, there was this note about a right to inspect. Page 16 PCPLUED-4 February 18,2025 So, the Director may engage a private consultant to inspect and determine whether the proposed use violates any applicable standard of FCC (Federal Communications Commission). I just had in my notes, I didn't for sure have it. It was to add this to Bill 24, but I don't know if that was considered or looked at all, but I do remember it's something that we did talk about. So,just would like consideration there if it makes sense. Thank you, I yield. CHR. KIERKIEWICZ: Yes, that was definitely part of my discussion with Ms. Camero. But I would like to provide the Planning Department with an opportunity to address Council Member Kagiwada. Again, Bill 194 Director, Letter (F) about engaging a private consultant and the reservations your department had to weave in this specific language. But if there's alternate language that want to suggest, I'm happy to work with you on an,amendment. MR. DARROW: I believe again, what we were trying to do was minimize, you know, activity outside of the Planning Department's responsibility bringing in a third parry to be able to do this sort of review,was another area that we were thinking beyond. When we look at Bill 24, Section 2 -2-74, Subsection (3) and(4), both of those been standard requirements for years regarding the submittal of telecommunication towers, regarding their compliance with FAA (Federal Aviation Administration) and FCC Rules and Regulations. In this particular section, it requires a statement from these two agencies stating that this tower is in compliance and meets their requirements. MS. KAGIWADA: If I may,Chair. I'd just want to point out that states that the Director may engage a private consultant. It is not saying, you will engage. It just gives you the opportunity to do that if the need arises. So, I want'Io put that out to you guys to consider again. Thank you, appreciate it. I yield. CHR KIERKIEWICZ: Thank you. Council Member Kaneali`i-Kleinfelder. MR.'KANEALI`I-KLEINFELDER: Hi Jeff. MR. DARROW: Hello. MR. KANEALI`I-KLEINFELDER: How you doing? MR. DARROW: Hanging in there. Page 17 PCPLUED-4 February 18,2025 MR. KANEALI`I-KLEINFELDER: We're on the amendment, correct? Awesome. Okay,just trying to figure out, we have two bills in front of us today. We have Bill 194 and Bill 24. I've got Communication 110.6, which is what we're talking about right now and Bill 24 in front or me, right? CHR. KIERKIEWICZ: That is correct. MR. KANEALI`I-KLEINFELDER: Beautiful. Director,,I'm looking over Bill 24. Is the amendment just coming in, is that related to what Council Member Evans brought forward in Bill 194? MR. DARROW: I believe, yes, Sections are: And then there's been some adjustments based on comments not only to.Bill 24, but Bi11.194 as well as adjustments to make sections clearer that appear to need some adjustments. MR. KANEALI`I-KLEINFELDER: Okay, thank you. We do have existing facilities. I can think of a few major broadcasters that we have for our community. Does this affect existing facilities, or this is only this is only for new facilities? MR. DARROW: This would be for new facilitiethat'are coming in. Also again, our goal is to try to minimize new towers and to encourage co-location. So, we would be looking at opportunities when there are opportunities available to encourage'these proposals for towers to see if they could co-locate on an existing tower. M1t KANEALI`I-KLEINFELDER:; Okay, so existing towers could be affected because we're pushing towards co-location versus new towers being created and installed? MR.DARROW.- Normally, what happens is, the towers are either located in a permitted zone. So, if they come in and they want to attach to an existing tower, it would be permitted. The towers that we have in place currently, that are outside permitted areas, were either permitted through a Special Permit prior to the change in State law or through a Use Permit, which was the mechanism after State law changed. Those permits normally have a condition that allows for co-location on those towers. MR. KANEALI`I-KLEINFELDER: Okay. So, my initial question was existing versus new facilities. But the answer back was more along the lines of—well, this is for new facilities walking in that would apply to if we are talking about co-location. But now, we're talking about existing infrastructure being affected. Is that correct? Page 18 PCPLUED-4 February 18,2025 MR. DARROW: I apologize. I was trying to say how an existing tower would be impacted by this. If it doesn't impact them other than what was approved through the condition of the permit originally, which was the intention of the condition that is within those permits to allow for co-location. So, regardless if this bill were to have passed, we still would have worked towards getting co-location. This bill is mainly for new towers and new antennas coming in. MR. KANEALI`I-KLEINFELDER: Okay, thank you very much, Mr. Darrow. I don't have any further questions right now—Thank you. CHR. KIERKIEWICZ: Thank you. Council Member Galimba. MS. GALIMBA: Thank you. Just briefly. Looking at the priority,list, personally, I don't really see anything in the current Number(3)that really isn't covered by Number(2). So, if it were up tome, you could just strike it. But I will leave that up to you. CHR KIERKIEWICZ: Thank you, Council Member. Council Member Inaba. MR. INABA: Thank you. Inlooking at this, I feel pretty confident. I don't feel confident that it covered everything. But everything that's being proposed within the amendment makes sense. ,So, I'll be in support. Thank you. CHR. KIERKIEWICZ: Thank you. Anyone else? Council Member Kimball. MS. KIMBALL: Thank you. Just wanted to state my support of the amendment and my rare disagreement with Council Member Galimba. I actually do see the distinction'between items in (2) and what would be (4). And so, I actually like thatthey are separate lists and would advocate in keeping the language, as is. Thank you. CHR KIERKIEWICZ: Thank you for that. We have a motion on the floor to amend Bill 24 with the contents of Communication 110.6. All those in favor, please say,'"aye." Any opposed? Vote on Motion The motion to amend Bill 24 with the contents of to Amend: Comm. 110.6 was carried by the following voice vote: (Approved) Ayes: Committee Members Galimba, Hustace, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Villegas, and Chair Kierkiewicz—8. Noes: None. Absent: Committee Member Onishi — 1. Page 19 PCPLUED-4 February 18,2025 Excused: None. CHR. KIERKIEWICZ: Motion carries, excellent. Okay. I do want to make note that Council Member Kagiwada, the item you brought up regarding the fire-safety plan I will work with Corporation Counsel and Planning to figure how to address that desire. In my mind, it's evidence that a plan was submitted to Fire. I don't want the Planning Department to have to go beyond their scope of work within Zoning to review a plan that really isn't applicable to their department. But I get the need of wanting to make sure that some kind of plan exists. And per Director Darrow, an amendment regarding a vegetation mitigation,plan. I just put it out there, we did talk about fees,pre-consultation fees, and application fees. And because we're movingthis function into the plan approval process within our Code, there is no fee attached to that process right now. And it's the department's desire that if we provide a fee for one,we provide a fee for all, which really goes beyond the scope of this particular piece of legislation. So, if anybody wants to take that up going forward,, fees for plan review applications, by all means. How about it? Okay.:Anyother issues, concerns that we need to address related to Bi1124? Yes, Council Member Kaneali`i- Kleinfelder. MR..KANEALI`I-KLEINFELDER: It's not really an issue, but to Council Services or maybe to Jon. Usually when we have an amendment of this size for a bill,we have the accompanying Bill 24 that would include the contents of the amendment, so,we can read everything at once and understand the implications of what we just did as a whole. Was that not included with this? MR. HENRICKS:,Is it there? MR. KANEALI`I-KLEINFELDER: MR. HENRICKS: Okay. Sorry, Matt. MR. KANEALI`I-KLEINFELDER: Do we normally do that or are we not doing that anymore? Did I miss something? MR. HENRICKS: It's a discretionary tool. So, if it seems evident with this sometimes it's not included because it can actually be more confusing. It depends on how much the bill amends the Code. There's all kinds of things. We can chat offline, but it's discretionary. And if you're proposing amendments and you always want to have regardless, then that's always something that you can do and you can use as a tool. Page 20 PCPLUED-4 February 18,2025 MR. KANEALI`I-KLEINFELDER: Okay, appreciate that. Thank you, Jon. MR. HENRICKS: I understand what you're saying. This is a little bit more extensive than changing a word to here and there. And from what I'm hearing, it would have helped you. I know it wasn't a rhetorical question. But it kind of was, okay, got yah. MR. KANEALI`I-KLEINFELDER: I appreciate you, Mr. Henricks. CHR. KIERKIEWICZ: I'll sincerely apologize, I'm without a Legislative Aide right now. So, I had to draft and format amendments, which is not really my forte. So, shout out to Jacob Perry in LRB (Legislative'Research Branch) for helping me through this process. Any other comments? There was a request posed by Council Member Villegas to hold this bill in Committee, and I wanted to get a pulse check from members of the Committee on whether or not they wanted to keep Bill 24, as amended in Committee. Again, I do have a couple of those editorial amendments to advance next time we meet, but I'd like to hear from the body, keep in Committee or move forward to Council? Council Member Onishi.— MR. ONISHL Keep it in Committee. CHR. KIERKIEWICZ: Okay. Council Member Kdneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Yeah I think, keep it in Committee so I can see,it as a whole.' And let community people do their thing and go from there. Thank you. CHR. KIERKIEWICZ: Alright. May I please have a motion to postpone Bill 24 to the March 6h Committee hearing? Motion tci Postpone: Ms Kdneali`i-Kleinfelder moved to postpone Bill 24 to March 6, 2025. Seconded by Mr. Onishi. CHR KIERKIEWICZ: Any discussion? Seeing none, all in favor,please say, "aye." Any opposed? Page 21 PCPLUED-4 February 18,2025 Vote on Motion The motion to postpone Bill 24, as amended to Draft 2, to to Postpone: March 6, 2025, was carried by the following voice vote: (Approved) Ayes: Committee Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas, and Chair Kierkiewicz—8. Noes: None. Absent: Committee Member Inaba— 1. Excused: None. CHR. KIERKIEWICZ: Bill 24 is postponed`to March'6. Friends, let's move on to Bill 194. Return to Order The Chair directed the Committee to return to the order of business. of Business: BILLS FOR The Chair directed the Committee to proceed`to the next order of business, ORDINANCES: Bills for Ordinances. (Note: An item in this category was taken up previously, out of order.) 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 Directorr, and revises siting, design, and operating regulations to align with State law. Reference: Comm. 985 Intr. by: Council Member Evans Referred to Planning Commissions: August 23, 2024 Postponed: January 21 and February 4, 2025 (Note: There is a motion by Council Member Inaba, seconded by Council Member Villegas, to recommend passage of Bill 194 on first reading.) 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. CHR KIERKIEWICZ: Thank you. Council Member Kagiwada. Page 22 PCPLUED-4 February 18,2025 MS. KAGIWADA: Yes, thank you, Chair. Given that we're continuing to work on Bill 24, I'm wondering if we could postpone Bill 24 to Call of the Chair. So, that we can focus on Bill 24 and keep working on it. CHR. KIERKIEWICZ: Council Member, are you making a motion? MS. KAGIWADA: Yes, I move to postpone Bill 194 to the Call of the Chair. CHR KIERKIEWICZ: Any discussion. Council Member Kaneali`i- Kleinfelder. MR. KANEALI`I-KLEINFELDER: I appreciate the motion. I would prefer to postpone it to the next hearing, and I would outline it right(text to Bill 24 and read both side-by-side and get a feel for which one is really fulfilling what the community asks for; and also,just providing a little bit of latitude for former Council Member Evans who made time out of her schedule to come today. And I know how much work she put into this bill. And some of our testifiers as well, commenting on the two bills; this bill and back-and-forth. So, before we motion to postpone to the Call of the Chair, which means whenever we bring it back. I'd rather see them come side-by-side, so at least we'll have a chance to look atboth andsay, hey this one feels better than the other or not. So, I mean, I won't be voting against the postponement to the Call of the Chair, but that's my reasoning. Thank you. CHR. KIERKIEWICZ: Thank you. Council Member Villegas. MS. VILLEGAS You know, reading minds, that's exactly what I was thinking, and that's what I would be much more comfortable with, is to have both of them side-by-side. I also think that it would be perceived by the community as a reflection of our respect for their expertise and what they put into creating Bill 194. So, I think there would be wisdom and the message it sends to the community to keep them both just to come back together and look at them side-by-side, I think would be great. So, thank you. I won't be supporting the postponement to the Call of the Chair, but I would support the postponement to the March 6t' Committee meeting. I yield. CHR KIERKIEWICZ: Thank you. Council Member Kimball. MS. KIMBALL: Thank you. I'll be supporting the postponement to the Call of the Chair just because I actually think two versions that essentially cover the same thing actually muddies the waters rather than make things clear. And with all due respect absolutely, to former Council Member Evans and her team and all Page 23 PCPLUED-4 February 18,2025 the effort that they put in, I think we have strategically chosen to add in components from Bill 194 into Bill 24, and I think that is the right approach at this juncture. I'd rather give the community a clear sense of the direction we're actually taking. There's nothing that precludes us from bringing our own copy of Bill 194 to the next hearing and being able to compare side-by-side. I just think continuing to maintain both on the agenda, actually provides any increased transparency. If anything, it just presents greater opportunity for confusion about the direction that this Council is taking. Thank you. CHR. KIERKIEWICZ: Any other comments? Seeing none, Mr. Clerk, could you please do a roll call vote on postponement of Bill 194,to the Call of the Chair. Vote on Motion Ms. Kagiwada moved to postpone Bill 194 to the Call of to Postpone: the Chair, Seconded by Mr. Onishi and was carried by the (Approved) following roll call vote: Ayes: Committee Members Galimba, Hustace, Kagiwada Kimball, Onishi, and Chair Kierkiewicz—6. Noes: Committee Members Kaneali`i-Kleinfelder and Villegas—2. Absent: Committee Member Inaba— 1. Excused- None. CHR. KIERKIEWICZ: Thank you. And then moving on to the final Order of Business at this time,let the record reflect, that I am transferring the Chairmanship aver to my Vice-Chair, Council Member Galimba at 5:07 p.m. Relinquish Chair: At this time, the Chair relinquished the chair to Vice Chair Galimba. ACTING CHR. GALIMBA: Thank you. So assuming the Chair at 5:07 (p.m.), could you please read in Bill 29. Page 24 PCPLUED-4 February 18,2025 Bill 29: AMENDS CHAPTER 25, ARTICLE 3, SECTION 25-3-3, OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE ESTABLISHMENT OF ZONING DISTRICTS Allows for the establishment of special zoning districts using methods of geographical description other than metes and bounds. Reference: Comm. 142 Intr. by: Council Member Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to forward Bill 29 to the Planning Director and Planning Commissions. ,Seconded by Mr. Onishi. ACTING CHR. GALIMBA: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you go much, Chair. For the last few years, I've been working with my lower Puna community to think about a Master Plan for the downtown Pahoa area. But given there are over 330 property owners in that vicinity, a County Master Plan is not the right approach, because each property owner has the ability to do whatever they want on their property. But in conversations with community members over the last six months, we've been thinking about ways that we can support revitalization of the downtown Pahoa area, and we are close to finalizing a bill that would create a Special Commercial District for that area. One of,the hurdles that we have encountered is the need by this current County Code to create as metes and bounds; and map based on the metes and bounds for a Special bistrict. This is a specialty, an area of expertise that I do not possess. It is very time consuming. It is very specialized; it is very costly to go about drawing the metes and bounds an area which uses natural and artificial markers. So, one of the questions that I asked our Planning Department was, "How come the Downtown HILO Commercial District area was established without metes and bounds?" And Director Darrow told me, well, it was created before that requirement was identified in the Code. And in having conversations with him, e talked about a Director-appropriate means of describing an area that isn't metes and bounds. So, that's what this bill is looking to do. I recognize that there are a lot of Council members that want to find ways to revitalize their downtowns, their older plantation community towns. And one of the things that you will find if you try to move with the Special District tool, in our toolbelt, metes and bounds sort of get in the way. Page 25 PCPLUED-4 February 18,2025 So, looking for everybody's support to move this to the Planning Commissions and Department for their review and recommendation on how we handle this request. And I know that Director Darrow is in Hilo chambers. So, do want to present you, Director, with the opportunity to just chime in with some initial thoughts if you have them. Thank you for being present. MR. DARROW: Thank you. As Council Member Kiearkiewicz had mentioned, this particular situation had occurred previously for the Downtown Commercial Hilo District. And when we looked as an example to follow, we observed that the metes and bounds was very short and it was described more by the location that it was situated within using streets, or parks, or something to that manner; versus, specific metes and bounds for each property within the Commercial Hilo District. We're faced with the similar problem at times where you are trying to identify a larger area that you want to create zoning. And metes and bounds, as mentioned, can be very complicated and costly- And this maybe able to provide an opportunity where we can identify a'particular area through a map form or an identification through some sort of road system or other identifications to be able to identify that particular zoning that we're trying to create. We look forward to receiving approval providing the recommendation and bringing it through the commissions and back to the Council. MS. KIERKIEWICZ: Thank you, Director. Looking for everyone's support. Thank you, Chair, I yield. ACTING CHR.GALIMBA: Thank you. Anyone else, comments, questions? Council Member;Kaneali`i-Kleinfelder. MR.,KANEALI`I-KLEINFELDER: Thanks. Jeff, thank you again for being heres,➢irector., What does Section 25-3-3 cover in our Code? MS. KIERKIEWICZ: Would you like me to answer that? MR. KANEALI`I-KLEINFELDER: Yeah, if you know? MS. KIERKIEWICZ: Yes, it's regarding establishing Zoning Districts. MR. KANEALI`I-KLEINFELDER: Establishing of Zoning Districts. Is there anything else in that Section, Director? MR. DARROW: Give me one second, thank you. Tracie, Section 25-3-3, can you bring it up? Thank you for patience. So, it is a full section, this particular Subsection (a) is just the beginning, which identifies again, what is required to be able to create that particular zoning district. Page 26 PCPLUED-4 February 18,2025 Again, it identifies metes and bounds as well as in written and map form. But it goes on, there's Subsection (b); it goes on through Subsection (a) through (d) with different identifications. So, the section identified is only referencing Subsection (a). MR. KANEALI`I-KLEINFELDER: Okay, so the wording in here, to establish any district under Section 25-3-2, how many districts does that apply to? MR. DARROW: It has all the listed zoning districts under that Section; 3-1 and then 3-2, has the designation of Special Districts. MR. KANEALI`I-KLEINFELDER: Okay, beautiful. Thank you, Director. MR. DARROW: Thank you. ACTING CHR. GALIMBA: Thank you., Anyone else? Over in Hilo, Council Member Kimball. MS. KIMBALL: No,just happy to support sending this to the commissions. ACTING CHR. GALIMBA: Thank you. Seeing no one else. I did have a question on this. I think it's actually having to do with the next line, "In case of conflict between a zoning map and metes and bounds description." Delineating district boundaries. So, the reason that one would want metes and bounds, is to be extremely precise. So, Director Darrow,I just wanted to ask if maybe you could talk about that a little bit. I think you were taping earlier about using streets and parks, which for our Commercial District, and sort of that idea of a larger district in which one wanted o do special things, makes a lot of sense. So, perhaps that kind of Special Districts and these kinds of issues of you know, is it one inch to the left or one inch to the right; or one foot or whatever, might not come up. But just wanted to sort of ask you to talk that through for me as far as figuring out how to make sure that these districts are precise enough for purpose but not imprecise to where we might get into any issues. MIS DARROW: Thank you, Council Member Galimba, or Chair Galimba, at this time. Sorry about that You know, that's why we wanted to start the conversation about this. There may be different wording we can come up with. But the idea was, in this particular case, that Council Member Kierkiewicz is referring to, is we had spent a lot of time trying to figure out, how are we going to identify this particular area to create this zoning district. It was very complicated. Page 27 PCPLUED-4 February 18,2025 We spoke to a number of people; surveyors. I believe we even spoke to Jon in his office. And you know, it's having to do with the way it is right now, it was going to be extremely costly and extremely time consuming. And we wanted to see if there was an opportunity to be able to simplify that. Again, as we did that we found an example of one that did create a special type of zoning in a particular area. That's what this particular tool would be used for. It wouldn't be used in your standard rezoning for a particular property. I would see this utilized more in a Special District type of circumstance. But again,'what we can do is bring this forward and try to see if we can find the right language to be able to allow that option available when we try to create these unique areas. ACTING CHR. GALIMBA: Thanks very much, Director Darrow. Yes, I can then completely see your point of not wanting to do metes and bounds on hundreds, as you were saying,properties. So, definitely see the utility value of this, and supportive of it as well. But just wanted to tease out those kinds of potential issues. So, not seeing any other lights, all those in favor of sending Bill 29 to the Planning Commissions and the Planning Department please say, "aye." Any opposed? Vote on Motion The vote on the motion to refer Bill 29 to the Planning to Refer: Director and Planning Commissions pursuant to Section (Approved) 25-2-43(b), Hawaii County Code was carried by the following voice vote: Ayes: Committee Members Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Acting Chair Galimba—9. -Noes: None. Absent: None. Excused: None. ACTINGHR. GALIMBA: And I will pass the Chair back to Council Member Kierkiewicz. Relinquish Chair: Atths time, the Acting Chair relinquished the chair to Chair Kierkiewicz. CHR KIERKIEWICZ: Chairmanship received at 5:20 p.m. And seeing as we've exhausted all items on the agenda, I'm adjourning Committee at 5:21 p.m. Thanks for tuning in. Page 28 PCPLUED-4 February 18,2025 ADJOURN- There being no further business, Chair Kierkiewicz adjourned the meeting MENT: at 5:21 p.m. Approved: Ms. Ashley L. Kierkiewicz, Chair (Date) Policy Committee on Planning, Land Use, and Economic Development AK/dt Page 29