HomeMy WebLinkAboutREP PC 079 4/19/2010 2008-2010DATE: April 19, 2010 Re: Comm. No. 475/Bill No. 125
PLACE: Sheraton Keauhou Bay Resort & Spa
78 -128 Ehukai Street
Kailua -Kona, Hawaii
TIME: 2:15 p.m.
Council Chair and Members
Hawai`i County Council
Hilo, Hawai`i 96720
REPORT OF THE
COMMITTEE ON PLANNING
Your Committee on Planning, to which was referred Bill No. 125, reports as follows:
Bill No. 125, transmitted via Communication No. 475, from Council Member
Dennis "Fresh" Onishi, dated August 5, 2009 proposes amendments to Chapter 25, Article 2,
Division 1, Section 25 -2 -4 of the Hawai`i County Code 1983 (2005 Edition, as amended). The
amendments increase the required distance for notice to property owners and lessees of record
surrounding a pending zoning change application, from 500 feet to 1,000 feet.
The matter was postponed at the August 18, 2009, September 1, 2009, September 15, 2009 and
the October 20, 2009 meetings of the Planning Committee.
There was a pending motion made by Council Member Onishi and duly seconded by Council
Member Ford to recommend passage of Bill 125 on first reading and to refer this matter to the
Planning Department and the Windward and Leeward Planning Commissions.
At the November 3, 2009 meeting of the Planning Committee, Bill 125 was amended with the
contents of Communication No. 475.2. Voting in favor of the amendments were Council
Members Ford, Greenwell, Hoffmann, Ikeda, Onishi and Yoshimoto. Absent from the vote were
Council Members Enriques, Naeole- Beason and Yagong.
During the course of the meeting, your Committee heard testimony from one member of the
public, who stated that in areas where the agriculture lands are large, 1,000 feet is not enough to
provide sufficient notice to surrounding land owners or lessees, advocating that the bill should be
amended to include two or more of the lots nearest to the subject property in any and all
directions. Council Member Ford stated that in her district, the agriculture lands are very large
and she would prefer to have the notice requirement be two or more adjacent lots.
At-that meeting, your Committee voted in favor of referring Bill 125, Draft 2, as amended to the
Planning Director and the Leeward and Windward Planning Commissions.
PC Report 79
At the November 17, 2009 meeting, Council Member Dennis "Fresh" Onishi moved to
reconsider the matter. He stated that amendments were made to reflect the concerns of Ms. Ford
and others. Voting in favor of the motion to reconsider were Council Members Ford, Greenwell,
Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong and Yoshimoto. Council Member
Guy Enriques was not present for the vote.
Committee Chair Donald Ikeda moved to amend the contents of Bill 125, Draft 2 with the
contents of Communication No. 475.5. Committee Chair Ikeda stated that he would like to
further amend the contents of Communication No. 475.5, to provide language that would
eliminate any perceived ambiguities regarding who should receive notice.
Ms. Ford moved to suspend the rules to allow Committee Chair Ikeda to verbally amend
Communication No. 475.5. Council Members Ford, Greenwell, Hoffmann, Ikeda,
Naeole- Beason, Onishi, Yagong and Yoshimoto voted in favor of suspending the rules to allow
the verbal amendment. Council Member Guy Enriques was not present for the vote.
Committee Chair Ikeda stated that he will further amend Communication 475.5 with language to
include "two contiguous lots in all directions," to alleviate ambiguity, and will incorporate the
language in Bill 125, Draft 3.
Your Committee on Planning was in accord with the purpose and intent of Bill 125, Draft 3 as
approved, and recommended it be referred to the Planning Director and the Leeward and
Windward Planning Commissions for review and recommendation.
The Leeward and Windward Planning Commissions' letters and enclosures regarding this matter
were transmitted via Communication No. 475.9, from Mayor William P. Kenoi, dated
March 30, 2010. The recommendations from the two Commissions were agendized for the
April 19, 2010 meeting of the Planning Committee.
At the April 19, 2010 meeting, there was no discussion from your Committee Members.
Your Committee on Planning is in accord with the purpose and intent of Bill 125, Draft 3, and
recommends it pass first reading.
awm
Respectfully submitted,
COMMITTEE ON PLANNING
DONALD IKEDA, CHAIR
PC REPORT NO. 79
ADOPTED: MAY fl 5 7010
AYES
NOES
A &E
EX
ENRIQUES
X
FORD
X
GREENWELL
X
HOFFMANN
X
IKEDA
X
NAEOLE - BEASON
X
ONISHI
X
YAGONG
X
X
YOSHIMOTO
At the November 17, 2009 meeting, Council Member Dennis "Fresh" Onishi moved to
reconsider the matter. He stated that amendments were made to reflect the concerns of Ms. Ford
and others. Voting in favor of the motion to reconsider were Council Members Ford, Greenwell,
Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong and Yoshimoto. Council Member
Guy Enriques was not present for the vote.
Committee Chair Donald Ikeda moved to amend the contents of Bill 125, Draft 2 with the
contents of Communication No. 475.5. Committee Chair Ikeda stated that he would like to
further amend the contents of Communication No. 475.5, to provide language that would
eliminate any perceived ambiguities regarding who should receive notice.
Ms. Ford moved to suspend the rules to allow Committee Chair Ikeda to verbally amend
Communication No. 475.5. Council Members Ford, Greenwell, Hoffmann, Ikeda,
Naeole- Beason, Onishi, Yagong and Yoshimoto voted in favor of suspending the rules to allow
the verbal amendment. Council Member Guy Enriques was not present for the vote.
Committee Chair Ikeda stated that he will further amend Communication 475.5 with language to
include "two contiguous lots in all directions," to alleviate ambiguity, and will incorporate the
language in Bill 125, Draft 3.
Your Committee on Planning was in accord with the purpose and intent of Bill 125, Draft 3 as
approved, and recommended it be referred to the Planning Director and the Leeward and
Windward Planning Commissions for review and recommendation.
The Leeward and Windward Planning Commissions' letters and enclosures regarding this matter
were transmitted via Communication No. 475.9, from Mayor William P. Kenoi, dated
March 30, 2010. The recommendations from the two Commissions were agendized for the
April 19, 2010 meeting of the Planning Committee.
At the April 19, 2010 meeting, there was no discussion from your Committee Members.
Your Committee on Planning is in accord with the purpose and intent of Bill 125, Draft 3, and
recommends it pass first reading.
awm
Respectfully submitted,
COMMITTEE ON PLANNING
DONALD IKEDA, CHAIR
PC REPORT NO. 79
ADOPTED: MAY fl 5 7010