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Home My WebLink AboutCOM 0142.002 2024-2026C. Kimo Alameda, Ph.D. Mayor William V. BriIhante, Jr. Managing Director West Hawaii Office 74-5044 Ane Keohokalole Hwy Kailua-Kona, Hawaii 96740 Phone (808) 323-4770 Fax (808) 327-3563 June 25, 2025 MEMORANDUM TO: FROM: SUBJECT: J�tV OF h,�1 �rE cF•NpA County of Hawaii PLANNING DEPARTMENT Jeffrey W. Darrow Director Michelle S. Ahn Deputy Director East Hawaii Office 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Phone (808) 961-8288 Fax (808) 961-8742 r� C7 CD xn c C:) x vn o -� � y r— Ashley L. Kierkiewicz, Chairperson of The Policy Committee on Planning, Land Use, and Economic Development and Members of the Hawaii County Council w —' Marla L7aCkso11 foY Maija Jackson for (Jun 25, 20251 :36 HST) Jeffrey W. Darrow, Planning Director Planning Director Presentation Material Attached please find the presentation material from the Planning Department in relation to the following measure to be heard by the Policy Committee on Planning, Land Use, and Economic Development: County Council Initiated No. PL-CCI-2025-000010 Request: Bill No. 29, a Bill for an Ordinance to Amend Chapter 25 (Zoning) Article 3, Section 25-3-3 of the Hawaii County Code 1983 (2016 Edition, as amended), Relating to the Establishment of Zoning Districts Should you have any questions, please contact Maija Jackson of this department at (808) 961- 8159 or by email at Maija.Jackson@hawaiicounty.gov. Thank you very much. KKC MPresentationMaterialforCountyCouncilInitiatedPL-CCI-2025-000010 Enclosure cc (via email): Windward and Leeward Planning Commission Secretary Kuuhiapo Jeong, Council Legislative Assistant L Maija Jackson, Program Planning Manager Comm. • Rachelle Ley, Secretary to Planning Director Ref. To: Ref. Date AN 25 2025 www.planning.hawaiicounty.gov Hatvai`i County is an Equal Opportunity Provider and Employer planningQhawaiicountxeov COUNTY COUNCIL INITIATED BILL 29 RELATING TO THE ESTABLISHMENT OF ZONING DISTRICTS AMENDMENT TO CHAPTER 25 ARTICLE 3, SECTION 25-3-3 OF THE HAWAI `I COUNTY CODE 1983 (2016 EDITION, AS AMENDED) (PL-CCI-2025-000010) PRESENTED AT THE APRIL 17 LEEWARD PLANNING COMMISSION HEARING AND THE JUNE 10, 2025 WINDWARD PLANNING COMMISSION HEARING ■ THE HAWAI `I COUNTY COUNCIL HAS INTRODUCED BILL 29, WHICH SEEKS TO AMEND HCC SECTION 25-3-3 (A) RELATED TO THE METHOD OF ESTABLISHMENT OF ZONING DISTRICTS AS FOLLOWS: ■ "(A) ANY OF THE DISTRICTS LISTED IN SECTIONS 25-3-1 AND 25-3-2 ARE OR MAY BE ESTABLISHED FOR ANY PORTION OF THE COUNTY BY BEING DESCRIBED BY METES AND BOUNDS AND IN MAP FORM [-]; EXCEPT THAT, WHEN DEEMED APPROPRIATE BY THE DIRECTOR, OTHER MEANS OF DESCRIPTION MAY BE USED IN LIEU OF METES AND BOUNDS TO ESTABLISH ANY DISTRICT UNDER SECTION 25-3-2. IN CASE OF CONFLICT BETWEEN A ZONING MAP AND METES AND BOUNDS DESCRIPTION DELINEATING DISTRICT BOUNDARIES, THE LATTER SHALL CONTROL. IN CASE OF CONFLICT BETWEEN A ZONING MAP, AND ANY SUMMARY OF ORDINANCES AS PROVIDED BY SUBSECTION D) BELOW ON ONE HAND, AND DULY ENACTED ORDINANCE ON THE OTHER, THE PROVISIONS OF THE ORDINANCE SHALL BE AUTHORITATIVE. AS BETWEEN ORDINANCES, THE PROVISIONS OF AN ORDINANCE ENACTED LATER IN TIME SHALL CONTROL." ■ ACCORDING TO THE BILL'S INTRODUCER, THE ZONING CODE CURRENTLY REQUIRES A METES AND BOUNDS (M&B) DESCRIPTION AND MAP TO ESTABLISH A ZONING DISTRICT (HCC SECTION 25-3-1) OR SPECIAL ZONING DISTRICT (HCC SECTION 25-3-2). THIS BILL WOULD AMEND THE ZONING CODE TO GIVE THE PLANNING DIRECTOR THE AUTHORITY TO DETERMINE ALTERNATIVE METHODS TO ESTABLISH SPECIAL ZONING DISTRICTS WHEN DEEMED APPROPRIATE. ■ BILL NO. 29 WAS INTRODUCED TO ADDRESS CHALLENGES IN ESTABLISHING SPECIAL ZONING DISTRICTS WITHIN HAWAI`I COUNTY, PARTICULARLY IN REVITALIZING OLDER DOWNTOWN AREAS LIKE PAHOA VILLAGE. ACCORDING TO THE BILL'S INTRODUCER, THE EXISTING REQUIREMENT TO DEFINE THESE DISTRICTS USING M&B, WHICH CAN BE A DETAILED AND COSTLY SURVEYING METHOD, IS A SIGNIFICANT OBSTACLE, ESPECIALLY IN AREAS WITH NUMEROUS PROPERTIES. DH SPECIAL DISTRIC 700 . 1 4010 &Z V) LU LU ry 1121!� 0 H z 0 V) LU 1121!� ■ M&B SURVEYS OFFER A PRECISE, LEGALLY RECOGNIZED METHOD FOR DEFINING PROPERTY BOUNDARIES, WHICH IS ESPECIALLY IMPORTANT WHEN PROCESSING INDIVIDUAL PROPERTY REZONINGS, SUBDIVISION REQUESTS, PARCEL LINE ADJUSTMENTS, OR LAND USE CHANGES, AS THEY PROVIDE THE LEVEL OF DETAIL NEEDED BY ZONING AUTHORITIES, DEVELOPERS, LENDERS, AND TITLE COMPANIES. ■ HOWEVER, WHEN ESTABLISHING SPECIAL ZONING DISTRICTS, WHICH CAN ENCOMPASS DOZENS OR EVEN HUNDREDS OF PARCELS, REQUIRING A M&B SURVEY FOR EACH PROPERTY CAN BECOME PROHIBITIVELY COSTLY AND TIME -INTENSIVE. ■ INSTEAD, SPECIAL ZONING DISTRICTS CAN BE ESTABLISHED USING SPECIFIC TMKS & GENERAL GEOGRAPHIC REFERENCES SUCH AS STREETS, SHORELINES, OR OTHER RECOGNIZABLE LANDMARKS. ■ ALSO, WITH ADVANCEMENTS IN GIS TECHNOLOGY, SPECIAL ZONING DISTRICT BOUNDARIES CAN NOW BE DIGITALLY MAPPED USING SHAPEFILES. THESE MAPS CAN BE REFERENCED IN A COUNTY COUNCIL ORDINANCE AND INCORPORATED INTO THE PLANNING DEPARTMENT'S GIS SYSTEM, ENSURING THE BOUNDARIES ARE CLEAR AND ENFORCEABLE FOR FUTURE LAND USE ACTIONS. FRIENDLY AMENDMENT ■ IN REVIEWING BILL NO. 29, IT APPEARS THAT THE ZONING CODE DOES NOT EXPLICITLY REQUIRE A M&B DESCRIPTION FOR THE ESTABLISHMENT OF ZONING OR SPECIAL DISTRICTS. SPECIFICALLY, THE CURRENT LANGUAGE IN HCC 25-3-3(A) STATES THAT SUCH DISTRICTS "ARE OR MAY BE ESTABLISHED" BY M&B AND MAPS, WHICH READS AS OPTIONAL RATHER THAN MANDATORY. ■ DESPITE THIS, THE PLANNING DEPARTMENT HAS CONSISTENTLY REQUIRED THE SUBMISSION OF A M&B SURVEY AND MAP PREPARED BY A LICENSED SURVEYOR AS PART OF CHANGE OF ZONE APPLICATIONS TO CLEARLY DEFINE THE REZONE AREA BOUNDARIES AND AVOID CREATING SPLIT -ZONED LOTS. ■ THE PLANNING DIRECTOR FULLY SUPPORTS THE INTENT OF BILL NO. 29 AND BASED ON THE PRECEDING, SUGGESTS A FRIENDLY AMENDMENT TO THE BILL TO FURTHER AMEND THE ZONING CODE TO EXPLICITLY REQUIRE A M&B DESCRIPTION AND A MAP PREPARED BY A LICENSED SURVEYOR FOR THE ESTABLISHMENT OF ALL ZONING DISTRICTS, WITH THE PROPOSED EXCEPTION, BY ADDING "SHALL" AND "BY A LICENSED SURVEYOR" AS FOLLOWS PROPOSED CHANGES BOLDED): ■ "ANY OF THE DISTRICTS LISTED IN SECTIONS 25-3-1 AND 25-3-2 ARE OR [MA*] SHALL BE ESTABLISHED FOR ANY PORTION OF THE COUNTY BY BEING DESCRIBED BY METES AND BOUNDS AND IN MAP FORM BY A LICENSED SURVEYOR[7-1; EXCEPT THAT, WHEN DEEMED APPROPRIATE BY THE DIRECTOR, OTHER MEANS OF DESCRIPTION MAY BE USED IN LIEU OF METES AND BOUNDS TO ESTABLISH ANY DISTRICT UNDER SECTION 25-3-2. IN CASE OF CONFLICT BETWEEN A ZONING MAP AND METES AND BOUNDS DESCRIPTION DELINEATING DISTRICT BOUNDARIES, THE LATTER SHALL CONTROL. IN CASE OF CONFLICT BETWEEN A ZONING MAP, AND ANY SUMMARY OF ORDINANCES AS PROVIDED BY SUBSECTION (D) BELOW ON ONE HAND, AND DULY ENACTED ORDINANCE ON THE OTHER, THE PROVISIONS OF THE ORDINANCE SHALL BE AUTHORITATIVE. AS BETWEEN ORDINANCES, THE PROVISIONS OF AN ORDINANCE ENACTED LATER IN TIME SHALL CONTROL. " ■ FINALLY, THE LANGUAGE IN BILL NO. 29, ALONG WITH THE PROPOSED FRIENDLY AMENDMENT, DOES NOT ELIMINATE THE REQUIREMENT FOR A M&B DESCRIPTION WHEN CREATING A SPECIAL DISTRICT. INSTEAD, IT PROVIDES THE DIRECTOR WITH THE FLEXIBILITY TO USE ALTERNATIVE METHODS OF IDENTIFYING A SPECIAL DISTRICT WHEN APPROPRIATE, WHICH WILL ALLOW THE DIRECTOR TO CONSIDER THE UNIQUE CIRCUMSTANCES OF EACH CASE AND DETERMINE WHETHER A M&B DESCRIPTION OR ANOTHER METHOD IS MOST SUITABLE. DIRECTOR'S RECOMMENDATION THE PLANNING DIRECTOR RECOMMENDS THAT THE PLANNING COMMISSION SEND A FAVORABLE RECOMMENDATION OF BILL 29 TO THE COUNTY COUNCIL INCLUDING THE PROPOSED LANGUAGE OUTLINED IN THE PLANNING DIRECTOR'S FRIENDLY AMENDMENT. Z 0 Q Z w O U w Q!� cn Q!� U w ■ BOTH THE WINDWARD & LEEWARD PLANNING COMMISSIONS ARE REQUIRED TO TAKE ACTION ON BILL 29 BY TRANSMITTING THEIR RECOMMENDATIONS TO THE COUNCIL BY ,DUNE 26, 2025. ■ EACH COMMISSION MAY RECOMMEND APPROVAL OF ALL, SOME, OR NONE OF THE DIRECTOR'S SUGGESTIONS. EACH COMMISSION MAY ALSO RECOMMEND THEIR OWN REVISIONS TO THE BILL. ■ BOTH COMMISSION'S RECOMMENDATIONS WILL BE FORWARDED SEPARATELY, BUT AT THE SAME TIME, TO THE COUNTY COUNCIL FOR THEIR CONSIDERATION AND DECISION. ■ IN THE EVENT A COMMISSION FAILS TO ACT ON THE PROPOSED BILL BY THIS DATE, SUCH INACTION SHALL BE CONSIDERED AS AN UNFAVORABLE RECOMMENDATION BY THE COMMISSION. PLANNING COMMISSION RECOMMENDATIONS BOTH PLANNING COMMISSIONS VOTED TO SEND A FAVORABLE RECOMMENDATION OF BILL 29 TO THE COUNTY COUNCIL INCLUDING THE PROPOSED LANGUAGE OUTLINED IN THE PLANNING DIRECTOR'S FRIENDLY AMENDMENT AT THEIR RESPECTIVE HEARINGS.