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HomeMy WebLinkAboutMIN PCPLUED 2025/06/03 (2024-2026) DRAFT Policy Committee on Planning, Land Use, and Economic Development 1Oth Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii June 3, 2025 CALL TO The regular meeting of the Policy Committee on Planning, Land Use, and ORDER: Economic Development was called to order,at 1:30 p.tn:� in the Council Chambers, Hilo, by Ms. Ashley L. Kierkiewicz, Chair. ROLL CALL: Present: Ms. Ashley L. Kierkiewicz, Chair Ms. Michelle M. Galimba, Vice Chair Mr. James E. Hustace,, Member Mr. Holeka Goro Inaba,Member Ms. Jenn Kagiwada, Member Mr. Matt Kaneali`i-Kleinfelder, Member Ms. Heather L. Kimball, Member Mr. Dennis "Fresh" Onishi, bomber Ms. Rebecca Villegas, Member STATEMENTS The 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 fol I owing,indivi duals registered to speak and came forward when called by the Chair: Chuck Flaherty: Comm. 326, comment. Abraham Antonio: Comm. 326, comment. CHR. KIERKIEWICZ: Mr. Clerk, if we could move on with Business of the Day, starting with Communications. COMMUNI- The Chair directed the Committee to proceed to the next order of business, CATIONS: Communications. PCPLUED-10 June 3,2025 Comm. 326: PRESENTS A PROCESS OUTLINE AND SCHEDULE OF SPECIAL COMMITTEE REVIEW OF THE DRAFT GENERAL PLAN 2045 From Chairperson Dr. Holeka Goro Inaba and Council Member Ashley L. Kierkiewicz, dated May 15, 2025. Motion to Approve: Ms. Galimba moved to close file on Comm. 326. Seconded by Ms. Kimball. CHR. KIERKIEWICZ: Committee members thisnnemo outlines the process and meeting schedule for how this committee would go,about reviewing and deliberating upon the proposed General Plan, As you know, it is over 10 years in the snaking, spanning four different Mayoral Administrations starting with Mayon Kenoi, then Mayor Kim.,Mayor Roth, and now Mayor Alameda. Recognizing that our plans, Committee and Council meetings can be very unpredictable and the loads can be quite heavy', wanting to make sure that we as a body provide ample time and brainpower to dedicate to the review of this very important document,which will guide long-term development for Hawaii Island for the next 20myears. So, I am proposing a series of meetings on non-Council meeting weeks, and I wanted to provide you the schedule in advance. The idea is for this body to review each of the sections; receive a presentation from the Planning Departments and consolidate any changes that we might propose to that particular section; send those recommendations to the Planning Commissions and Planning Department for their review. Noting that there are no meetings scheduled for November, December, and January, there is a holiday break. But also need to insure that we are in compliance with the requirement that these bodies, the commissions and the department have,120 days to review any recommendations that are proposed by the Council. There was a question that was brought forward by Mr. Flaherty about, you know, what if there is more time that's needed by the committee. We can absolutely schedule more meetings, but I wanted to ensure that we were at least scheduling two meetings per section. Three meetings for Sustainable and Resilient Communities because that has to do with the Zoning and Land Use element of the plan. But just wanted to put it out there. My understanding is that the Council has received the draft General Plan that was shared with both of the commissions. The Planning Department is also working with the consultant to incorporate the recommendations of now Director Darrow and both Windward and Leeward Planning Commissions. So, we'll have both of these copies transmitted to the Council. Page 2 PCPLUED-10 June 3,2025 Bethany, I don't know if you want to speak for the department on this. But when can we expect that second version incorporating the recommendations to be filed with the Council? So, again, I want to make sure that there's ample time for committee members to review the document and prepare accordingly. (Note: At this time, Planning Department Long-Range Program Manager Bethany Morrison came forward to address the members of the Committee.) MS. MORRISON: Good afternoon, Bethany Morrison, Long-Range Planning Program Manager for our Planning Department. And we're working on that draft now. We're working on the mapping piece, which takes a little bit longer to finalize. We were supposed to have it done last week, but I was out sick. So, it's sort of in my in-box to finish any review and then make sure that package is complete. So, within the next 10 days, I would,say safely. CHR. KIERKIEWICZ: Great to hear. Thank you for that. And I just want to thank Chair Inaba for working with me to insure that we have a very clear process for this committee to review this plan.­We also did have several meetings with the Planning Director, Corporation°Counsel, the Administration, and our Clerk. So, everyone is very clear on how we will be navigating this process. It's once in a great while, and this is our great while. So, it is my intention that we get through review and adoption of this plan, this Council term. With that, I will take any questions or comments folks might have. Council Member Kimball., ,. MS. KIMBALL: Thank you, and thank you for taking the time to put this together. This is going to be an ambitious project for us, something we need to do. And I think the schedule that you have outlined really does give it the level of focus that we need to give it. And I appreciate the advanced planning so we can plan around this. Would like to perhaps suggest for a discussionI'd actually like to—my purpose would just see this added on the weeks that we are already meeting as Council. Just because of the decisions that some of us have to make about being one place or another. Is the intention to alternate East side, West side for these discussions or are we going to allow a vote participation. Can I ask a little bit more on your thoughts about that? Page 3 PCPLUED-10 June 3,2025 CHR. KIERKIEWICZ: Sure. I was not going to require Committee Members to be in one or the other. I think if you're a Kona Council Member, you can absolutely participate remotely from Kona. I wasn't going to require the presence of all members in each of the chambers. MS. KIMBALL: But being in one of the two chambers as our rules generally require. The other comment that I wanted to make was, I would love to use this opportunity in today's hearing and beyond that to discuss a little bit of PR (Public Relations) that this body could do in terms of outreach to the public about how we've gotten to the place that we've gotten with the General Plan. I think there's not a lot of understanding about the extensive process that Planning has gone on even to just deliuer us a draft. And I see that reflected in some of the comments that we see out there around the General Plan. So, I'd love to think about how we might use some of the resources that are out there just to communicate that process and what has been involved; and what the General Plan means. And I'd like to try a little harder to meet people where they are. I'm just thinking about how we traditionally communicate information about what's going on in'Council and maybe utilizing some more contemporary tools like the podcast format andwebinars and things,l ke that. I think this is a real opportunity to share the work that this body does. And the General Plan is something that's going to live for a long time. So, we want to make sure we're doing our best to really communicate as broadly as we can to a larger audience as we can about the process that we're going through and the process that has gone before. But thank you for putting this together. CHR KIERKIEWICZ: Thank you. Council Member Kagiwada then I'll go to Council Member Villegas. MS.`KAGIWADAr Thank you, Chair. I also would love to see us maybe try to give some;thought;I'm just consolidating the dates onto certain weeks. But I mostly wanted to thank both you and Council Member Inaba for working on this and being thoughtful about this process. I think having this laid out really will keep us on track and get us to where we need to go. I did want to mention that the February 24t' date of 2026, is one of the dates from the NACO (National Association of Counties) conference. Just for a note, the legislative conference that several of us often attend. So, I just did want to note that there. Otherwise, I'm super thankful for your thoughtful laying this out. And I would like some consideration of maybe trying to get us to not basically be meeting every single week for this time, because it makes it very challenging to schedule other things that we might need to do. Thanks. Page 4 PCPLUED-10 June 3,2025 CHR. KIERKIEWICZ: Noted. Thank you. Council Member Villegas. MS. VILLEGAS: I think this is a great way to break it up and give us the chance to dissect as a Council with guidance the insights from Planning. But I also concur with my colleagues in, as much as it would make some of these weeks long weeks, I would prefer to do it after Committee and Council. Scheduling another meeting on the one week we havelin between. Some of us have to travel for certain things, or you know, there's just all these different things. So, keeping that week, there'll be some heavy lifts during the week, but some of these meetings don't have to go all day. So, then my only other thing, another reason for that, Monday, October 13'h is Indigenous People's Day, Columbus'Day, whatnot. I don't,know if County recognizes it. But kids don't have school, and there's just other things that happen around a holiday. Monday, August 25t'is my birthday. So,'I will be off grid in a cabin hiding away from the'world. CHR KIERKIEWICZ: We know where to find you. MS. VILLEGAS: Pdpa`aloa. So anyway, that would be my recommendation. I do appreciate the foresight of'leaving the holiday months of November, December, and January out. The other reason I see is, now we have one of the potential scheduled dates is September 8th, and we'll be hosting HSAC (Hawai`i State Association of Counties) essentially the rest of thatweek. So, that would make a really big lift for that week in,particular. So, L just think there might be some wisdom in adding anther day on: If we're in Hila,'then my other question is, do we have the capacity? I suppose it depends on our DAE(District Allowable Expenses). Like this week, I'm already here for Committee and Council. And I'll stay another night for the budget meeting on Thursday. And the same to be reciprocated for Council Members coming to Kona. It would just be the option of staying there. CHR. KIERKIEWICZ: Absolutely. MS. VILLEGAS: Okay, thank you. I appreccate that. And, yeah, I see this as a way of getting that elephant one bite at a time. Other question. Do we take public comments then at this committee? CHR KIERKIEWICZ: We are taking public testimony at the first meeting for each section. Page 5 PCPLUED-10 June 3,2025 MS. VILLEGAS: Okay. That could be interesting and take the time right in there. So, hopefully, we don't get our whole day taken up with that. I yield. CHR. KIERKIEWICZ: I don't mind reworking this schedule but do want to ask our colleagues in terms of our meeting schedule. I just thought folks would appreciate a mental break, which is why I scheduled it during in-between weeks. But if folks are good to charge ahead and do three meetings for Council-related work, I'm happy to rework the schedule. It's going to take a little delicate balance, because I know the Planning Department has various commission meetings, right? Okay. Council Member Kaneah'i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. Just,like this week, we have Tuesday, Wednesday, and Thursday. I actually like that, because we're here. We have testimony; we're in process and in motion. And this`is one-week break to work on other things. I like thatstyle versus having the meeting,between meetings. I prefer this week over the other way. That's my input. Thank you. CHR KIERKIEWICZ: Alright. Anyone else? Council Member Hustace. MR. HUSTACE: Thank you. I actually prefer it in the in-between weeks. So, I'm going to be on the opposite side here than must of you. But I like taking that pause between things and,readjusting specifically for the General Plan and the discussions that it's going to take and the energy that it requires. So, that's just my opinion on it. But that's what I prefer. CHR. KIERKIEWICZ: Okay. Council Member Onishi. MR. ONISHL I'm going to be opposite of Council Member Hustace. CHR KIERKIEWICZ: Okay. Chair Inaba, did you want to weigh in? MR.'INABA: Kudos to Council Member Kierkiewicz. Lining this all out was her work and just running it pass my office. So, thankful to her and her staff. I support what's on the document along with Council Member Hustace. But whatever is the best for the body as a whole, we can proceed that way. CHR. KIERKIEWICZ: Okay. You know, I had not discussed with the Clerk about stretching our Council Meeting schedule to add an additional day on Council Meeting week. So, that's something that we would need to discuss if we are planning to make adjustments to the schedule. And I also need to confer with the Planning Department. I also had to be very mindful of the fact that so many of our holidays fall on a Monday. So, had to plan around that. And if we were to move meetings to say, Thursday, there are Planning Commission meetings, LUC (Land Use Commission). A lot happens then. Page 6 PCPLUED-10 June 3,2025 So, a lot of that was considered before ultimately selecting the dates that are before you. Mr. Clerk, I don't know if you're in a position to weigh in now on the schedule. MR. BROWN: No, but thank you for that consideration. Please come talk story with the Clerk and me. We want to make sure that the resources that you guys need are there. But some more discussion, I think. The Clerk is right here. MR. HENRICKS: Okay, what about us? CHR. KIERKIEWICZ: What about you? MR. HENRICKS: I'm so kidding. We're there for you guys, of course. We're there for you folks, whatever you decide. CHR KIERKIEWICZ: Thank you.-Okay. Council Member Hustace. MR. HUSTACE: Just had a question on these dates that you selected here. You were also looking at the availability of the spice then, too, in your consideration? CHR KIERKIEWICZ: Council Chambers, yes. MR. HUSTACE: Mapping out all the other boards and commissions, and everything then? CHR. KIERKIEWICZ: Not all. MR. HUSTACE. Well, the ones that use the Council Chambers then. That was in your consideration,l66king at all those dates. Thank you, appreciate you taking the time to do this. CHR.'KIERKIEWICZ:� Council Member Kagiwada. MR, KAGIWADA: Thank you, Chair. I would just say, because so much work has been put into this and I understand, maybe there's a hybrid thing where we don't meet every single week. We can change some of them but some of them we meet in between. I would be okay with that too. I don't think we need huge spaces of time. Especially, when we're doing these meetings that we have two or three on the same topic between them. So, I think there's some flexibility there. And I'm willing to give some just as long as we're not meeting every single week, that would be great that there's some spaces in there. Thank you, I yield. Page 7 PCPLUED-10 June 3,2025 CHR. KIERKIEWICZ: Okay, I hear what you're saying. Thank you. Anyone else? You might receive an updated memo with dates. You'll see it on the agenda. Okay, for now, we'll take the vote to close file on this communication. MS. VILLEGAS: I'm sorry, what was that last statement? CHR KIERKIEWICZ: I'm taking all of this into consideration. Council Member Kagiwada presented a really interesting idea of, maybe one of the meetings can be scheduled the same week as Council meetings. MS. VILLEGAS: Right, okay. CHR KIERKIEWICZ: And then the second meeting can be scheduled in an off week. That is, I think, a very happy,medium. Anyway. MS. VILLEGAS: Got you, thanks. That's just what I was you said one last statement, and I just didn't catch it. 'So,thank you:for clarifying, appreciate it. CHR KIERKIEWICZ: Okay, alright. There is a motion on the floor to close file. All those in favor please say, "aye." Any,opposed? Vote on Comm. 326 The motion to close file,on,Comm. 326 was carried by Filed the following voice vote: Ayes: Committee Members Galimba, Hustace, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas, and Chair Kierkiewicz—9. Noes: None. Absent: None. Excused: None. CHR.'KIERKIEWICZ: Motion carries. Communication 326 has been affirmed. Okay, mewing along to Bills for Ordinances, Bill 60. Page 8 PCPLUED-10 June 3,2025 BILLS FOR The Chair directed the Committee to proceed to the next order of business. FINANCES: Bills for Ordinances. Bill 60: AMENDS CHAPTER 25, ARTICLE 1, ARTICLE 2, ARTICLE 4, ARTICLE 5, AND ARTICLE 7, OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO ZONING DISTRICT REGULATIONS FOR MEETING FACILITIES, CHURCHES, TEMPLES, SYNAGOGUES, AND COMMUNITY BUILDINGS (Planning Director Initiated) Removes existing zoning regulations for community buildings, churches, temples, and synagogues and creates new regulations for "meeting facilities." Reference: Comm. 313 Intr. by: Council Member Kierkiewicz (B/R) (Note: Comm. 313.1 from Planning Director Jeffrey W. Darrow dated June 2, 2025, transmitting a Power Point Presentation, was circulated.) Motion to Approve: Mr. Inaba moved to recommend passage of Bill 60 on first reading. Seconded by Ms. Galimba. CHR. KIERKIEWICZ: We have Planning leadership here. If you could please introduce yourselves for the record and proceed with your presentation. Thank you. (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, Vice Chair and members of the Hawaii County Council., Jeff Darrow with the Planning Department. And with me is have Planner Tracie-Lee Camaro. Tracie's going to do our presentation for this amended bill coming before you. MS. CAMERO: Thank you, Director Darrow. Tracie-Lee Camero, Planner within the Planning Department. Before you today, we have the Planning Director initiated bill related to Zoning District regulations for meeting facilities, churches, temples, synagogues, and community buildings. This would be an amendment to Chapter 25, Articles 1, 2, 4, 5, and 7 of the Hawaii County Code. Page 9 PCPLUED-10 June 3,2025 (Note: At this time, Tracie-Lee Camero provided a PowerPoint presentation to the members of the Committee. For viewing of the presentation, see the DVD copy of the proceedings on file in the Clerk's Office, or online at http:Hhawaiicounly granicus.com. A copy of the presentation is made part of the record. See Comm. 313.1). CHR. KIERKIEWICZ: Thank you, Tracie. Any questions or comments from the body? Council Member Villegas. MS. VILLEGAS: Yes, thank you for digging into this and finding what it seems,just through your presentation and my reading,through, helps protect the County from any potential future lawsuits as it relates to synagogues, and discrimination as far as planning and uses,;and all that kind of stuff. And it's safe to assume that this had something to do with pass issues.related to that. So, this clears up that confusion loophole and potential for lawsuits against the County? MS. CAMERO: Yes, you are correct. MS. VILLEGAS: Okay, perfect. I really appreciate it. I yield. CHR KIERKIEWICZ: Anyone else. Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. Just that, both Planning Commissions made this similar amendment, I'm just wondering, what exactly is that speaking to? Was theman instance or example that came up, or can you just explain that amendment? MR. DARROW:' The commission was focused on events or large gatherings thathappened with mainly family members. And they were concerned that they may be considered meeting facilities based on their gatherings as just family members. So, both commissions requested that if it is family, or a family or a part of it,then they're excluded from the number, identified to be a meeting facility. MS. KAGIWADA: Okay, it doesn't change. So, this isn't talking about like house parties or anything. MR. DARROW: The difficulty is, if you're in a residential area and activity is occurring on a regular basis, someone may not know that it's just a house parry. I mean, it could be somebody doing what we typically get a complaint for, right? They're in a Residential zoning; they're having commercial events. But the neighbors don't know it, so they make a complaint. Page 10 PCPLUED-10 June 3,2025 Sometimes we go there, and we find out that it's just large family gatherings. Other times we find out it's actually commercial events. And then we ask them to cease and desist or issue a violation. But they just wanted to just make sure there was clarity in the Code that there is this distinction between family events and a gathering that ends up being identified as a meeting. MS. KAGIWADA: So, in your mind, this was already part of the thing, but this is just like extra clarity, okay. Just to make sure. MR. DARROW: Yeah, I mean, you know,we don't get complaints for families having gatherings all the time. But we do,:again, get complaints where something is actually going on, on a'regular basis that's commercial in nature. But they wanted to make sure there was that clarity regardingfamily members. MS. KAGIWADA: Okay, I understand. Thank you so much, I yield. CHR. KIERKIEWICZ.: Council Member Inaba. MR. INABA: First question: For the definition of event. What is a "Commercial Wedding?" MR. DARROW: It's a wedding that you charge. So, typically, a church. That's why this came into play. Churches have weddings, but they're not commercial, hopefully. They'll have a member in their church that has to be married, and they,get married at the church. Whereas you have, and again, this is the typical complaint we receive in these different types of Residential zonings, where somebody,has a website,they do pretty elaborate weddings. They charge quite a bit,of money; They have other services that area part of it. That's typical for that ' type of definition of"Commercial Wedding." MR. INABA: I'm,wondering, would it not be smarter to not use the term, "Commercial, or is the word commercial applying just to weddings or to all wedding receptions, promotional events, and concerts as well?" What was the intention? MR.I)ARROW: I believe it was applied to all. MR. INABA: Okay, thanks. And then, in terms of the bill as a whole, looking at the title, it's regarding meeting facilities, churches, temples, community buildings. I see in Section 12 that we're adding in hospitals, medical clinics, schools, telecommunication. Am I just reading it wrong or are we adding uses there? I'm reading it wrong. Alright, sorry. Page 11 PCPLUED-10 June 3,2025 Lastly, it's kind of a lot, but I have complaints sometimes for the Agricultural district, this bill would still require, if they wanted to do church activity in the Ag use, them to have a use permit. MR. DARROW: It would typically be a Special Permit in the State Land Use Ag district. Correct if I'm wrong Tracie, in the Urban district it would be a Use Permit. MR. INABA: Okay, and that would still be the case. MR. DARROW: This lawsuit that was brought against the County, really hasn't addressed the issues under State Law, and that may come up at some point. Right now, it would still require those permits.° But again; similar uses would also require. So, it's not being discriminated upon, right? MR. INABA: Okay,just wanted ter make sure. MS. CAMERO: So,just to add to Director Darrow. Any place that there's churches, or community buildings, and meeting facilities, we did a deep dive to insure that it's all equal. So,if a church was there and community buildings were there we had meeting facilities there. If meeting facilities weren't there, I think in some of the Industrial districts, you'll see that meeting facilities were added, because churches and community buildings were originally permitted uses. So,therefore, we are continuing that use, but just under the Meeting Facility Use now. Thank your MR.,,INABA: Thank you, I yield. CHR. KIERKIEWICZ: Thank you. Council Member Onishi. MR,ONISHI: Thank you, Madame Chair. My concern is enforcement, because a lot of times, this is going to be happening on a Saturday or a Sunday. Who will the neighbor be able to complain to? MR. DARROW: If it's only occurring on a Saturday or a Sunday, then it's not meeting the definition. Normally, it wouldn't meet the definition of a meeting facility. It has to be more than two days a week. MR. ONISHL Okay, if they do a Wednesday and a Saturday. Wednesday, you guys come out; Saturday, you guys don't come out. MR. DARROW: Right. Still only two days. MR. ONISHL Right, so they can do that. And that's two days, correct? So, no enforcement on Saturday. Page 12 PCPLUED-10 June 3,2025 MR. DARROW: Well, if they call us on Monday,we would go out and do our investigation. MR. ONISHL But it's already done. MR. DARROW: Unfortunately, even if it was on Wednesday, it's you know, hard-pressed that you're going to get an inspector to drop everything he's doing and head out. MR. ONISHL Because in my district, there's a lot of facilities that are in residential areas, right? And I've heard of one, but not during my time on the Council, but about noise and activities that's been happening,m So, I just was wondering, because how can we do enforcement? MR. DARROW: Do you believe' that that is a social gathering? MR. ONISHL I don't know. I'm not surewith this situation. MR. DARROW: As mentioned, we receive a number of complaints of commercial activities in'Resic ential zoning. We definitely have been proactive and have had good success in either getting them permitted or ceasing those activities. MR OiyISHI:, Right, okay. That's just my concern, that on weekends that's where a problem might happen: But, okay, thanks. I yield. CHR:KIERKIEWICZ: Anyone else. Council Member Hustace. MR;HUSTACE: Thank you, Chair. Just a question on, before you know, churches, temples, and synagogues they had a Special Use permit. In particular, like Residential Communities. So, there would have been notification to the community about events or about the facility being proposed. Is that still being handled hi"this bill, because now it's a plan approved by you Director then, correct? So, how is information being received by the community if these facilities are now being tagged as a meeting facility instead? MR.FARROW: So, before this bill, in Residential zonings, a church, temple, or synagogue would trigger the need for a Use Permit. So, it would do its notification to surrounding property owners within 300 square feet. It would go before the Planning Commission for a hearing, which also allows the opportunity for a contested case, if somebody wanted to contest the application. Page 13 PCPLUED-10 June 3,2025 Again, because there were uses similar to churches, temples, and synagogues in the sense of community buildings and meeting facilities, that could have been applied for or just permitted without any plan approval or use permit. That's where this whole thing came to a head with the lawsuit. So, in this manner, we're making so everything is under one definition. As far as notification to surrounding property owners,,the only notification that goes out is that when if a particular activity reaches to the level that it needs to come in for a plan approval, which is either more than two days-a-week or more than 25 people per event, they would apply for the plan approval. And we post that on our website and within the newspaper that this Application has come in. There is no notification to surrounding property owners. There still is the process of an appeal to the Board of Appeals`it somebody said that the Planning Director errored in issuing the plan approval. Buhl would be a mistake that the Planning Director made not applying the law or the Code correctly to issue that plan approval. It Wouldn't be a situation where I don't want that next door to me. Therefore, I'm going to appeal this to the Board of Appeals. MR. HUSTACE: So, with the size of the congregation sometimes, and the traffic that we see at these religious houses, would that mean if you were sending out more notifications on a regular basis. f mean, does that put more responsibility,on you and your office to send those out,just because of the sheer volume of attendance? MR. FARROW: As far as notification, as mentioned, there's no process for notification,"tither than the Planning Department identifying that an application is coming. So,the Planning Department is not going to be doing any additional. Whatwe do is we look at the number of people that are involved in this. The size of the structure or facility, and we implement plan approval according as far as parking, setbacks, any type of landscaping. MR. HUSTACE: Proposed capacity. Yeah, okay. MR.FARROW: Correct. The difficulty that I see with certain, and this isn't just for this situation. Sometimes we have activities that occur in existing structures. And they're doing it without any permits. They're just doing it, and we get called and we say, you're supposed to come in and get permits. The difficulty we've seen is trying to get those structures permitted for that activity when it was permitted originally for a different activity. Such as a dwelling. So, to change from a dwelling to a meeting facility may have its challenges getting through Building Department. Page 14 PCPLUED-10 June 3,2025 MR. HUSTACE: Okay. Thank you, Director, appreciate that. Thank you, Chair. CHR. KIERKIEWICZ: Council Member Villegas. MS. VILLEGAS: Thank you, Director Darrow. Just has me thinking about a certain athletic facility, and how does this relate to an,athletic facility and structure that's not—you know where I'm going. MR. DARROW: That particular, well we'll just say, an athletic facility would require a Special Permit in the State Land Use Agricultural District. MS. VILLEGAS: Okay. So, this doesn't relate to athletic facilities. MR. DARROW: I don't believe so. L believe that would be a different use. I mean, it does bring up a good, you know, somebody, even if this particular activity was proposed in a meeting facility, it would still require the same permitting process. MS. VILLEGAS: Because it's not performing athletics in a facility is not the same as a meeting. MR. DARROW: Right. Welk when you look at the definition of a meeting facility, it has,several. It has recreational, social, cultural, multi-purpose use. So, again even if this were to occur today and somebody said, I want to build a meeting facility and it was situated in the State Land Use Agricultural District, they would require a Special Permit. So, it would still go through the notification and the Planning Commission. MS: VILLEGAS, Okay, thank you, I appreciate that. CHR KIERKIEWICZ: Anyone else? Director, the Legislative Research Branch (LRB) did"a thorough review of Bill 60, and there are some housekeeping measures that we need to address. Periods, certain letters should be lower-cased. There was also a really excellent suggestion of moving in Section 8, letter(c), "A meeting facility only applies on building sites that have gatherings more than two times per week with more than 25 attendees." Moving that into the definition. Sao, it's very clear what we mean by meeting facility and the parameters. I agree with that recommendation. Normally, I'd like to make sure everything is absolutely perfect here in Committee before we advance to Council. Are we in a rush to get this to Council. Would you be amenable to us just doing a clean sweep with LRB making those housekeeping amendments and then sending a perfect version to the Council for voting? Okay, great. Page 15 PCPLUED-10 June 3,2025 MR. DARROW: Yeah, we really appreciate all their hard work and help on our bills. CHR. KIERKIEWICZ: Yeah, LRB is quite excellent. Alright, that being said, no other comments. Our office will work on the amendments with LRB and the department, and we can expect to see all of that at our next Committee hearing. May I please have a motion to postpone this measure,mill 60 to our June 17'h Committee. Motion to Postpone: Mr. Inaba moved to postpone Bill 60 to June 17 „2025. Seconded by Mr. Onishi. CHR KIERKIEWICZ: Any discussion? Seeing none, all in,favor,please say, "aye." Any opposed? Vote on Motion The motion to postpone Bill 60 to June 17,2025 to Postpone: was carried by the following voice vote: (Approved) Ayes: Committee Members Galimba,;Hustace, Inaba, Kagiwada;,Kiineali`i-Kleinfelder,Kimball, Onishi, Villegus, and Chair Kierkiewicz—9. Noes: None. Absent: None. Excused: None. CHR, KIERKIEWICZ: Motion carries. Bill 60 is postponed to June 17, 2025. Thank you. Great. The next item on the agenda, Mr. Clerk, I believe is Bill 63. Bill 63: AMENDS CHAPTER 25, ARTICLE 5, OF THE HAWAI`I COUNTY CODE 19$3,(2,016 EDITION, AS AMENDED), RELATING TO DWELLINGS Permits residential dwellings within the industrial-commercial mixed use (MCX) zoning district. Reference: Comm. 333 Intr. by: Council Member Onishi CHR. KIERKIEWICZ: May I have a motion to forward Bill 63 to the Planning Department and commissions? Motion to Refer: Mr. Onishi moved to forward Bill 63 to the Planning Director and Planning Commissions. Seconded by Ms. Galimba. CHR KIERKIEWICZ: Council Member Onishi. Page 16 PCPLUED-10 June 3,2025 MR. ONISHL Yes. After we, I think a couple months ago, we passed like having hospitals in this certain district and so forth. For the first time that I was on the Council, I tried to get this Residential in this Commercial area because of how—for example in Kona, the old Kailua industrial area. It's like,people got to travel from Ocean View and so forth. And traffic on Queen K (Ka`ahumanu) and so forth is so unbelievable. So, by having this pass, and also back then too, there was an Emergency Proclamation. So, we had like a homeless shelter put in there, right? So, the argument was about why my bill couldn't pass was because we couldn't have residents in these certain locations orsthe use of the area,. But we allow homeless people's shelters there? Now, we're going to allow hospitals, you know, senior homes and so forth,right? So, I cannot see why we cannot have residential Like I said, it's going to help the communities so that they can get closer to their workplace and also leaving the traffic on our highways. So, I'm asking for your support. Thanks. CHR. KIERKIEWICZ: Thank you, Council Member. Council Member Kimball. MS. KIMBALL: Supportive of having the discussion around this. You know, obviously, it's going to have to go over to the commissions for review. But I think when we have next session, it'll be excellent to have Public Works here, Building Division to talk a little bit about some of the concerns that came up in the testimonies about people being able to build on toxic locations and things like that. That's not actually going to happen if this is approved. But I think it would be good for public communication to make sure that that's stated on the record in one of those hearings. But very interested to explore the opportunities that might result froth this legislation. Thank you. CHR. KIERKIEWICZ: Thank you. I'll make sure Public Works is invited when this gets back to Council. Council Member Galimba. MS. GALIMBA: Thanks, and I don't know if you would know this, Council Member Onishi. So, it might be you or possibly Planning might know this, but I just wanted to get a better idea of the extent of this Industrial-Commercial Mixed-Use District. Like how many acres do we have in that zoning right now; where they are, of course. Just to get a better sense of what we're doing. Maybe for next time. They look very busy. Page 17 PCPLUED-10 June 3,2025 MR. ONISHL I would refer to Planning if they know. But these are just options for people. MR. DARROW: Jeff Darrow with the Planning Department. That's a tough question. I can get the answer, and I'll get it for you for the next time. I would like to say, though, that I am in full support of this bill. This bill makes sense. When you look at the permitted uses in this district, it is 90"-plus percent Commercial. As far as the permitted uses. So, itimakes sense. There isn't a whole lot of toxic industrial type uses in here. Those are found more in the MG (General Industrial) and the ML (Limited Industrial) District. So, this really makes sense again. I was surprised it didn't pass the last time. I'm glad to see it come back. We're trying to promote smart growth, which is that live, work, and play in these particular areas. You'll find a lot of MCX (Industrial-Commercial Mixed-Use) zonings have that component, but it's missing the people. They,can't live there. They can work there, they can play theie,,but they can't live there. So, this will be a good addition. Thank you. CHR. KIERKIEWICZ: Thank you, Director., Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. And thank you, Council Member Onishi for bringing this forward. I am very supportive. I think the Mixed-Use zoning makes a lot of sense. And you know, if we can encourage more Visa adaptive reuse projects,where we take spaces that are vacant or not currently being used for something in our Commercial and Mixed-Use spaces, and turn them into places people can live, I think that's a wonderful use without having to go out sprawl more and use our prime Ag lands. So, very supportive of this. And I think, you know, we just need to make sure that we communicate to the public that those things are in place to make sure that people are healthy and safe if they are living in these areas. So, thank you for bringing this forward. I'm happy to support. I yield. CH . KIERKIEWICZ: Thank you. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. Director,just thinking, why wasn't in the district already? Why wasn't this an allowable use in the district? MR. DARROW: When I started, you know, a long time ago, it wasn't a part of the zoning district. It was requested to be part of it, and it didn't pass. And so, there has been an attempt to put it in there. Page 18 PCPLUED-10 June 3,2025 What's surprising is, we will get requests from people that are trying to do certain types of uses in the MCX zoning. And even in some of the Lighter Industrial and Industrial, where they would like to have some sort of living component, but we're very restrictive. Ironically, there's one use in the ML and MG that says it has the whole list of uses, and at the end in Subsection C, it says, "The following uses may be permitted in the ML or the MG district. Living quarters for watchmen or custodians in connection with the operation of any permitted use." So, you would not believe how many requests we get for a live-in custodian or watchman for a particular use. And you know,they have their nice little apartment in there. Oh, that's for our custodian or watchmaw' But again, it's since I've been here, it just never was part of it. But it makes'sense. Again, the ML and MG has much more industrial uses than the MCX MCX has much more Commercial, very limited Industrial. And it's more like warehousing type use, which really isn't as much of an Industrial use. MR. KANEALI`I-KLEINVELDER: Okay, can you give me an example in Hilo, where that would be? MR. DARROW: MCX in Hilo. It wouldbe,in Waiakea House Lots. That area is intransition; The General Plan shows Medium Density Urban and Industrial along the highway. There's a lot there that transitioned to MCX. And they are paint.stores and different types of offices and stuff. But they could have chosen MGor ML, but they like that flexibility of the MCX of having a little bit of warehousing but also some commercial uses. MR.KANEALI`I-KLEINFELDER: Okay, last question. If we permit these uses, are we going to get complaints from the people who have a single-family dwelling there, saying there's too much noise next door? I mean, it's kind of a future question, but if we allow it? If someone builds a house and the next thing you know, we get a complaint, "Hey, it's too loud next door." Are we going to be dealing with that from the community by allowing single-family dwellings to be built in these zones? MR. DARROW: I would guess, I mean, we get complaints from people doing Ag in AG (Agriculture). CHR. KIERKIEWICZ: Anyone else? Okay, seeing no other lights, there is a motion to forward Bill 63 to the Planning Commissions and Planning Department for their review. All those in favor,please say, "aye." Page 19 PCPLUED-10 June 3,2025 Vote on Motion The vote on the motion to refer Bill 63 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, Hustace, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas, and Chair Kierkiewicz—9. Noes: None. Absent: None. Excused: None. ADJOURN- There being no further business, Chair Kierkiewicz adjourned the meeting MENT: at 2:30 p.m. Approved: Ms. Ashley L. Kierkiewicz, Chair (Date) Policy Committee on Planning, Land Use, and Economic Development AK/dt Page 20