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HomeMy WebLinkAboutREP PC 032 05/15/2007 2006-2008 REPORT OF THE COMMITTEE ON PLANNING DATE: May 15, 2007 Re: Comm. No. 331/Resolution No. 158 PLACE: Councilroom Ben Franklin Building 333 K7auea Avenue, 2"d Floor Hilo, Hawaii TIME: 1:45 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Resolution No. 158, reports as follows: Resolution No. 158, transmitted via Communication No. 331 from Council Chairman Pete Hoffmann, dated March 30, 2007, transmitting a Resolution requesting that the Planning Director initiate an Ordinance to Amend Chapter 23, Hawaii County Code 1983 (2005 Edition, as amended) Relating to Subdivisions and an Ordinance Amending Chapter 25, Hawaii County Code 1983 (2005 Edition, as amended), Relating to Zoning. Communication No. 331 requests that the Planning Director submit comments and recommendations on the proposed subdivision and zoning code amendments involving seven or more lots being approved by the Council by ordinance, rather than administratively by the Planning Director. Communication No. 331 notes that the Council recognizes the need for well-planned, community-based and responsible future growth and is desirous of taking a more proactive role in establishing policies for approval of subdivisions, planned unit developments and cluster plan developments within Hawaii county. It also notes there exists historical precedent in Hawaii County and legal precedent in other municipalities, wherein subdivision ordinances are processed as discretionary permits rather than administratively. Data provided in the December 22, 2006 Council Zoning Overview discloses that current zoning (exclusive of new zoning applications) allows for a very large population increase due to already existing lots. These include lots that could be created by subdividing property to existing zoning as well as apartments or condominiums that could be built on existing zoned property. It also notes there are major areas with existing residential zoning not yet developed into subdivisions such as approximately 5,000 units in Waikoloa Village, 2,600 units at "Villages of Aina Le'a in Waikoloa, 1,490 units at Kohala Ranch, 1,100 units mauka of Hina Lani Street in North Kona, 600 units at Pazker Ranch in Waimea, 500 units at "University Terrace" in Hilo, 400 units south of Kona Palisades in North Kona and 333 units on Wilder Road in Hilo. PC Report No. 32 Communication 331 Resolution 158 Page 2 of 5 The proposed amendments to the subdivision and zoning code ensures consideration of current or anticipated public infrastructure challenges and increases the opportunity for public input into the subdivision and planned unit development review process. This would result in another layer of public and governmental scrutiny and include projects consisting of seven (7) or more lots, which potentially pose greater impacts upon surrounding communities than do small-scale subdivisions. At the May 1, 2007 Planning Committee meeting all members were present. The following members of the public presented oral testimony: Margaret Wille spoke in favor of the resolution noting very important and key objectives which include public participation, due process and Council oversight. Merry Anne Stone testified that the current system of having the Planning Director make subdivision decisions is not working as has witnessed several poor projects and projects where concurrency was not in place and developers were able to buy their way out. She fully supports Resolution 158 and commends its introduction. Patricia Van Asperen noted she was very much in favor of the proposed resolution. She stated the way it stands, except for variance applications there is no vehicle for the public and adjoining landowners and neighbors to provide input with regard to proposed subdivisions. She stated that basically developers are planning the future of Kona with no vehicle for public or neighbors to provide input. She's in favor of the resolution and affording the council more discretion. Cheryl King presented testimony in support of the resolution expressing her concern that so much power was left in the hands of a political appointee and would rather see the important responsibility and authority of approving proposed subdivisions be shared. Virginia Small, a resident of Holualoa stated that additional oversight as proposed by the resolution is a wonderful idea. There were no public testifiers appearing at the Hilo Council Chambers or at the Waimea Council office. Council Chair Pete Hoffmann had much concern about the pace of development and participation of the public and that it has been inadequate over the years. Mr. Hoffmann noted that had there been more discretion afforded to many of the past subdivision applications, he felt that Hawaii County would not be faced with these problems today. Mr. Hoffmann explained that the resolution requests the Planning Director to consider the drag ordinance proposals regarding Subdivisions and Planned Unit Developments and noted that he believed this was the core action needed to be taken. Mr. Hoffmann also noted that it's been 40 years since the County reconsidered this process and that the process and plan of action may have been effective in the 1960's as a means of generating more development, but under the current situation, it is highly inappropriate. Mr. Hoffmann stated that regardless whether the resolution is adopted at PC Report No. 32 Communication 331 Resolution 158 Page 3 of 5 this time, it will still take a couple of years to implement, but hoped the measure could address how this could be accomplished. Mr. Hoffmann asked that council members view Ms. Willes' testimony summation relating to Council responsibility and the public's demands and noted that a request was made by Director Yuen to Corporation Counsel for a legal opinion with respect to subdivisions and not PUD's, which is clearly the responsibility of the council. Mr. Hoffmann asked for a postponement of this matter to allow time to study the matter and make changes and also to allow the council to study the opinion of Corporation Counsel. This matter was postponed to the May 15, 2007 Planning Committee meeting by a unanimous vote. At the May 15, 2007 Planning Committee meeting Tim Reese presented testimony in opposition and Margaret Wille testified in support of Resolution 158. Both were present at the Hilo Council Chambers. Mr. Charles Flaherty and Mr. Raymond Bach testified in support of Resolution 158 and both were present at the Kona Council office. Council Chair Hoffmann presented a brief background regarding Resolution 158 noting several discussions he had with Planning Director Yuen and that the resolution is not an attempt to change the Subdivision Code, but to forwazd the resolution to the Planning Director and the Planning Commission to obtain suggestions and recommendations. Mr. Hoffmann stated this is not a change to any existing policies and procedures but to work with the administration to address planning and effective growth shortfalls in this county. Mr. Hoffmann noted that after submitting the Resolution in early Apri12007 the Planning Director requested an opinion from Corporation Counsel who opined this was probably not the right approach. Therefore, Mr. Hoffmann is asking for the approval of proposed amendments to Resolution 158 contained in Communication 331.2. A motion to amend Resolution 158 with Communication 331.2 was approved. Mr. Hoffmann said the proposed amendment seeks only to have the council provide recommendations prior to subdivision applications containing 7 or more lots aze decided. He stated he recognizes there maybe pitfalls relating to this which have been discussed with the Planning Director, however, he stated we must involve the general public and the policy making body of this county to provide better and more effective management over planning and development. Mr. Hoffmann said he believes this is a step forward and asks the Planning Department and the Planning Commission to give recommendations and suggestions on how to proceed. Council Member Higa noted that providing recommendations prior to the Planning Director approving a subdivision containing 7 or more lots is something the Council is able to do now. He said Council Members can get involved with applications in their district and not involve the entire Council. Mr. Higa stated he won't support this right now because what is being proposed by Mr. Hoffmann can be accomplished by bringing forth a resolution before the Council and referring it to the Planning Director with recommendations however, Mr. Hoffmann responded PC Report No. 32 Communication 331 Resolution 158 Page 4 of 5 that a formal framework must be established so that developers and constituents know what to expect. Council Member Yagong stated he did not have a problem with Mr. Yuen making decisions on subdivisions but noted Mr. Yuen would not be here forever and the county could get a new director down the road. Mr. Yagong said that the problem with Mr. Hoffmann's suggestion is that it does not have teeth to it and therefore the Planning Director and Planning Commission could easily ignore it since it has no effect of law. Mr. Yagong suggested that to accomplish the intent of the resolution that the charter be changed to let the people of the county of Hawaii decide whether or not they feel that this elected body should be making decisions on subdivisions of 71ots or more. Mr. Yagong stated he would be voting against the resolution. Council Member Ford stated she supports the idea and wants to hear input from the Planning Commission and the Planning Director. Ms. Ford stated she agreed with Mr. Yagong and noted that the Kauai Charter provision for subdivision approval states that the Planning Commission makes all subdivision decisions. Ms. Ford also stated she supports Mr. Yagong because the Planning Commission is an appointed body of people who are nominated by the Mayor for which the May has solicited input so at least in that respect council members have input. However, Ms. Ford stated she supports Mr. Hoffmann's amendment because she wants to hear what the Planning Commission has to say but that she also agrees with the need for a charter amendment. Council Member Jacobson stated that whether or not the resolution has teeth, given the current planning director he would at least give some weight to policy decisions the council would make on this and so he supports the resolution. Council Member Ikeda agreed with Mr. Higa and Mr. Yagong that a charter amendment is the proper process and not a resolution. Mr. Ikeda also stated he would like to see a higher number such as 25 lots and therefore he would not be supporting the resolution. Council Chair Hoffmann stated that the process would allow more public input and, as elected officials, the council needs to take a stronger effort and participation in the most critical land use decisions affecting this county and that the general public should be involved in the process. Council Member Yagong confirmed that Mr. Hoffmann was not adverse to a charter amendment and noted that in light of Mr. Hoffman's plea and his statement that he will be pursuing a charter amendment which Mr. Yagong believes is the proper way to address this, that he would be supporting Mr. Hoffmann's resolution and move it to the Planning Commission. PC Repor[ No. 32 Communication 331 Resolution 158 Page 5 of 5 Your Committee on Planning is in accord with the purpose and intent of Resolution No. 158, as amended to Draft 2, and recommends its adoption. and nres NOES A&E Ex Respectfully submitted, FORD X HIGA X COMMITTEE ON P G HOFFMANN X C/~ II~DA X JACOB50N X ~ \ NAEOLE X K. ANGEL PILA HAIR PII.AGO X YAGONG X PC REPORT NO. 32 YostmKOTO x AnoPTEn:.IUN 00~