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Home My WebLink AboutCOM 0442.001 2002-2004 LENINGRADELARIONOFF M.+.~•x„~ Tel: (808)961-8265 Council Member ~ di;~ Fax: (808) 961-8912 .e: OFFICE OF THE COUNTY COUNCIL County of Hawaii Hawaii County l3uildrnX 25 Aupuni Street o Hilo. Hawaii 96%30 n T ~ r.~. C ccr . L February 3, 2004 - ~ G~ T f~~ N MEMO TO: James Y. Arakaki, Chair _ ' rs, & Members Hawaii my Council i PROM: L m rad Elari ff, C it Committee on P Wing RE: Bill 202, Draft 2 -Relating to Hirayama Time Extension Request Attached for your review is the above bill. The Planning Committee first considered this bill on January 22, 2004. At [his meeting the bill was amended to Draft 2 and deferred. Unfortunately, the second draft was erroneously overlooked and therefore not placed on todays agenda for consideration. As such, the attached bill, Bill 202, Draft 2, will be received and circulated at today's meeting. Amendments made to this bill at the last meeting of Planning Committee include the following: Bill No. 202 I. Amend Condition N by deleting numbers 1-5, so that granting authority for further requests for time extensions is the Council rather than the Planning Director. Also attached are the minutes of this last meeting. If you have any questions, please do not hesitate to contact me. Attachments ~ii Il -Z(~.L, u L Comm. No. ~~I Ref. Toss` Ref. Date Anne DISTRI('T 9 Waimea, Kohala, Kawnihae, Waikolnci, Puuko PC-21 January 22, 2004 MR. TYLER: Well, you know, Mr. Chairman-and thank you, Mrs. Hirayama, I'm not trying to put you on the spot here. I'm trying to understand how you folks would be penalized for something that an adjacent property owner did after your rezoning; and that's why it would be sure helpful to have someone from the Planning Department here. The second point I want to make is that and I'm not in and of itself opposed to a time extension, I'm just trying to understand how you folks got in this position and, you know, if it really is your obligation to move this; and why it's changed since five years ago. Because somebody else did something at the next-door property, something doesn't seem right about that. Now, also, Mr. Chairman, if we could have the Planning Department provide us with annual progress reports for the last five years so we could understand what's been going on in this last five years. You folks submitted annual progress reports, right? MRS. HIRAYAMA: Right. MR. TYLER: I'd like to see what that says. Now, also, under Condition N on the second to the last page, that's at the top of page 4, the language here proposes another 10 years worth of extensions, possibly a total of ] 0 years extension, and then possibly as much as 15. And I would like to propose an amendment to Condition N to---well, I'll make the amendment and then we can, if there's a second, we can discuss iC. Condition N as it presently reads is the standard language which would provide an additional administrative extension for five years; and then thereafter, that's in addition to the current five years, another five years; and thereafter, they have to come to the Council for another five years if they wish. And in the past, Mr. Chairman and Members of the Committee, we have when they have come in for a Council extension, after an administrative extension, we have eliminated the language providing for a further administrative extension. Any further extensions would have to come back directly to the Council; and I think it makes sense from the applicant's perspective. This way, they don't have to go through all this long, Tong process. So, with that in mind, I move to amend Condition N to delete all of Condition N from the beginning where it says "an initial extension of time," etc., put the bracket right before "an" and end the bracket right afer the parenthesis after number 5. So, the Condition N, as amended, would read, "Condition N. 1f Page 4 PC-21 January 22, 2004 the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Should any of the Conditions not be met..." etc., just the standard language. That's my motion. AMENDMENT: Mr. Tyler moved to amend Bill 202, Condition N, deleting from "an initial extension of time "through "5)". Condition N will read, "If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Should any of the Conditions not be met etc. Seconded by Mr. Jacobson. CHR. ELARIONOFF: Okay, moved and seconded. Discussion on the motion? No lights--- MR. SAFARIK: I've got a question. CHR. ELARIONOFF: Mr. Safarik. MR. SAFARIK: May I address Mr. Tyler? CHR. ELARIONOFF: Sure, you may. MR. SAFARIK: What you're doing then is you're taking out 1, 2, 3, and 4, and just leaving 5 in? MR. TYLER: Right. May I respond ,sir? CHR. EI,ARIONOFF: Yes, please. MR. TYLER: Well, not number 5, but just the language after number 5, because there's no need to have the number. MR. SAFARIK: Right, so, yeah, so, you're going to remove 1, 2, 3, 4, and then it's only going to read what you just stated on the record? MR. TYLER: Yes, sir. MR. SAFARIK: Okay, thank you, Mr. Chairman. CHR. ELARIONOFF: Thank you. No other discussion? Okay, call for the vote. All those in favor, say "aye." Page 5 PC-21 January 22, 2004 The motion to amend Bill 202, Condition N, deleting from "an initial extension of time "through "5)" was carried by the following vote: In favor: Committee Members Chung, Holschuh, Jacobson, Safarik, Tyler, and Chr. Elarionoff Opposed: None Absent & excused: Committee Mcmbers Arakaki, Reynolds and Tulang MR. TYLER: Thank you. CHR. ELARIONOFF: Mr. Tyler, you still have the floor. MR. TYLER: Thank you, Mr. Chairman. Mrs. Hirayama, since you've taken the time and courtesy to come here today, do you have anything else you wanted to talk to us about with respect to this? MRS. HIRAYAMA: No. MR. TYLER: Okay. Again, Mr. Chairman, I wanted to talk about the initial extension-and I'm referring to---and how we got to where we are now. I'm referring to the background report, page 2, under General Information. The Planning Department, on August 6, 1997, gave aone-year administrative time extension to comply with Condition C until October 8, 1999. And that "lime extension was granted based on Condition N (4), which allowed an administrative time extension from a period not to exceed the period originally granted." Subsequently, item number 5, on "July 13, ] 999, an additional administrative time extension was granted until October 8, 2003, based on Condition N (4). The first extension was for only one year and this extension allowed the remainder of the five years allowed." I would beg to differ with the interpretation of the Planning Department; and we need to have the Corporation Counsel address this; and the reason for it, Mr. Chairman, is it says in Condition N, "An initial extension of time," that means one extension-right at the beginning of (N). Furthermore, under N (4), it says, "the time extension," the time extension, only one, "granted shall be for a period not to exceed the period originally granted." In other words, it could be up to five years; it could be less than five years; but there is only one administrative extension. Page 6