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HomeMy WebLinkAboutREP PCPLUED 006 2025-08-05 2024-2026REPORT OF THE POLICY COMMITTEE ON PLANNING, LAND USE, AND ECONOMIC DEVELOPMENT DATE: August 5, 2025 Re: Comm. No. 313/Bill No. 60 PLACE: Council Chambers Hilo, Hawaii TIME: 11:00 a.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Policy Committee on Planning, Land Use, and Development, to which was referred Bill No. 60, reports as follows: Bill No. 60, transmitted by Managing Director William V. Brilhante, Jr., via Communication No. 313, dated May 2, 2025, amends Chapter 25, Articles 1, 2, 4, 5, and 7, of the Hawaii County Code 1983 (2016 Edition, as amended), relating to zoning district regulations for meeting facilities, churches, temples, synagogues, and community buildings. The bill removes existing zoning regulations for community buildings, churches, temples, and synagogues and creates regulations for "meeting facilities." On May 2, 2025, Managing Director William V. Brilhante, Jr., via Communication No. 313, forwarded a favorable recommendation to the Council from the Windward Planning Commission and the Leeward Planning Commission as recommended by the Planning Director. Planning, Land Use, and Economic Development Meeting of June 3, 2025. Planning Director Jeff Darrow and Planner V Tracie-Lee Camero were present in the Hilo Chambers to present the bill, explaining it resolves inequities in the law regarding permitting processes for places of worship and identifies what is required for atypical events. Mr. Darrow shared that the bill addresses unequal treatment of religious uses compared to similar secular uses, following a court ruling finding that the Hawaii County Code violated the Religious Land Use and Institutionalized Persons Act. Committee Member Holeka Goro Inaba raised an example of church activities in Agricultural zones. Mr. Darrow said the goal is equal treatment for churches, buildings, and meeting facilities, and that, depending on the zoning district, a use permit or special permit would be required. Committee Member Dennis Onishi raised concerns about safety and enforcement. Committee Member James Hustace asked how the community is informed when a facility is designated as a meeting facility. Mr. Darrow clarified that weekend -only activities don't meet the criteria of a meeting facility and noted that, previously, places like churches in Residential zoning would PCPLUED Report No. 6 PCPLUED-6 Page 2 August 5, 2025 require a use permit and hearings before one of the two Planning Commissions, depending on where the church was located. Committee Chair Ashley Kierkiewicz shared the need for a housekeeping amendment to ensure the bill language and intent were better aligned. Bill 60 was postponed to the Planning, Land Use, and Economic Development Committee meeting of June 17, 2025. Planning, Land Use, and Economic Development Meeting of June 17, 2025. Planning Director Jeff Darrow and Deputy Planning Director Michelle Alm were both present in the Kona Chambers. Chair Kierkiewicz shared that members of the faith community expressed concerns regarding the specified hours of operation for a meeting facility, noting that activities such as bible study often occur before 8:00 a.m. In response, she proposed an amendment to remove the time restriction. Mr. Inaba asked about including the phrase "new or existing" in the definition of "meeting facility." Mr. Darrow explained that those words were added to clarify that existing structures, such as homes, must still obtain plan approval to meet code requirements for a meeting facility, and the department wanted to be explicitly clear. Committee Member Michelle Galimba asked about regulating hours of operation and addressing issues with potentially disruptive facilities. Mr. Darrow responded that the amendment doesn't impose specific hour limits, though he acknowledged the potential for noise concerns, particularly in residential areas. Committee Member Heather Kimball asked whether each event would require a special permit. Mr. Darrow clarified that plan approvals typically apply to structures rather than individual events, though parking remains a key issue. Ms. Kimball suggested adding clarifying language regarding recurring events. Mr. Darrow explained that if a property already has a plan approval, but wishes to modify/expand its use, a single amendment can be submitted, provided it demonstrates sufficient parking, either on -site or through a shared parking agreement with nearby properties. Committee Members Rebecca Villegas, Matt Kaneali`i-Kleinfelder, and Mr. Onishi all expressed their appreciation for the removal of the hours of operation. Bill 60 was amended with the contents of Communication No. 313.2 with nine ayes. Bill 60, as amended to Draft 2, was then postponed to the Planning, Land Use, and Economic Development Committee meeting of July 9, 2025. PCPLUED Report No. 6 PCPLUED-6 Page 3 August 5, 2025 Planning, Land Use, and Economic Development Meeting of July 9, 2025. Chair Kierkiewicz requested that the bill be postponed to allow additional time to address remaining concerns raised by the faith community. She noted that the Planning Department indicated the code must be updated by October of 2025 to comply with a court order related to the lawsuit the bill is intended to resolve. Bill 60, Draft 2, was postponed to the Planning, Land Use, and Economic Development Committee meeting of August 5, 2025. Planning, Land Use, and Economic Development Meeting of August 5, 2025. Mr. Darrow was present in the Hilo Chambers. Chair Kierkiewicz introduced an amendment to the definition of "event" to clarify that it refers to atypical, large-scale gatherings with ongoing revenue -generating potential, thereby distinguishing them from routine or private assemblies. The amendment suite also proposed adding "public commercial" before "transient accommodations" in the definition of "meeting facility" to prevent potential loopholes that could allow vacation rentals to operate under the guise of meeting facilities. This change also responded to concerns from the faith community, who noted that pastors or visiting faith leaders may stay on the premises. Additionally, the amendment clearly identifies "home -based assembly" to acknowledge that gatherings in homes are common and constitutionally protected, while establishing a threshold that, if exceeded, would trigger requirements for meeting facility standards such as plan approval or a use permit, depending on the zoning district. Other updates in the amendment include the introduction of a parking calculation specific to special events and updated terminology throughout the bill for clarity and consistency. Mr. Inaba asked for clarification on the parking requirements. Chair Kierkiewicz explained that the amendment includes calculations based on square footage, anticipated number of attendees, or the Planning Director's discretion, recognizing that a one -size -fits -all standard may not be feasible, but that this guidance provides the public with a clearer expectation. Mr. Hustace asked whether "special events" might overlap with "major outdoor amusements." Mr. Darrow clarified that the two are distinct uses and noted that the major outdoor amusement category is rarely used and governed by strict standards. Mr. Onishi raised concerns about parking impacts from frequent gatherings. In response to a question from Mr. Kaneali`i-Kleinfelder regarding whether one-time events require plan approval or permits, Mr. Darrow explained that the bill is designed to provide clear pathways for special events to ensure adequate infrastructure and parking, so that surrounding communities are not negatively affected. Chair Kierkiewicz offered the example that recurring commercial weddings in a home would qualify as a "special event," while a one-time backyard wedding at your home would not. PCPLUED Report No. 6 PCPLUED-6 Page 4 August 5, 2025 Ms. Kimball expressed appreciation for the clarified use of the term "special event," noting its potential applicability in other sections of Chapter 25 and its role in distinguishing what activities require plans or permits. Chair Kierkiewicz emphasized the community's right to assemble in their homes, as protected by the First Amendment of the United States Constitution, while also acknowledging the importance of addressing community concerns and potential impacts related to larger gatherings. Bill 60, Draft 2 was then amended with the contents of Communication No. 313.29, with seven ayes, with Mr. Kaneali`i-Kleinfelder and Ms. Galimba absent. Your Policy Committee on Planning, Land Use, and Development is in accord with the purpose and intent of Bill No. 60, as amended to Draft 3, and recommends its passage on first reading. ki AYES NOES ABS EX GALIMBA X HUSTACE X INABA X KAGIWADA X KANEALI`I-KLEINFELDER X KIERKIEWICZ X KIMBALL X ONISHI X VILLEGAS X Respectfully submitted, POLICY COMMITTEE ON PLANNING, LAND USE, AN ONOMIC DEVELOPMENT ASHLEY L. KIERKIEWICZ, CHAI PCPLUED REPORT NO.: 6 ADOPTED: AUG 2 0 2025