HomeMy WebLinkAboutREP PC 094 09/20/2010 2008-2010 REPORT OF THE
COMMITTEE ON PLANNING
DATE: September 20, 2010 Re: Comm. No. 729/Bill 215, Draft 2
PLACE: Sheraton Keauhou Bay Resort & Spa
78-128 Ehukai Street
Kailua-Kona, Hawaii
TIME: 2:00 p.m.
Council Chair and Members
Hawai`i County Council
Hilo, Hawai`i 96720
Your Committee on Planning,to which was referred Bill No. 215, Draft 2, reports as follows:
Bill No. 215, Draft 2,transmitted via Communication No. 729 from Council Member Pete Hoffmann,
dated March 1, 2010, seeks to amend Chapter 25,Article 2, Division 4, Section 25-2-46 of the Hawai`i
County Code 1983 (2005 Edition, as amended), relating to concurrency conditions by expanding existing
concurrency requirements,to include parks and recreational and firefighting facilities in new
developments.
This matter was initially agendized for the April 19, 2010 meeting of your Committee, but was
postponed. It was subsequently postponed on the May 4, 2010,to the call of the Chair,to allow time for
input from the affected departments.
This matter was agendized for the August 17,2010 meeting of your Committee, but due to the lengthy
discussion on other agendized matters at that meeting, Council Member Pete Hoffmann agreed to
postpone discussion on this matter until the September 8, 2010 meeting of your Committee.
At the September 8, 2010 meeting, Council Member Pete Hoffmann informed your Committee that Fire
Chief Darryl Oliveira was in agreement with the amendments. Committee Chair Donald Ikeda informed
your Committee that in a recent discussion with Chief Oliveira, he(Ikeda)heard statements contrary to
Mr. Hoffmann's representation. This matter was postponed to the September 20,2010 meeting, in order
to assure the presence of all departments for discussion purposes.
At the September 20, 2010 meeting of your Committee,two members of the public provided testimony.
One member spoke in opposition to Bill No. 215, Draft 2, and one provided social commentary.
Council Member Hoffmann moved to introduce the contents of Communication No. 729.4,to further
amend Bill No. 215, Draft 2. Council Member Brenda Ford seconded his motion. Committee Chair
Donald Ikeda asked to be allowed to step down from his seat for purposes of discussion in this matter.
Planning Committee Vice-Chair Guy Enriques presided over the discussion.
During the discussion of Mr. Hoffmann's most recent proposed amendment, Planning Department
Director Bobby Jean Leithead-Todd and Parks and Recreation Director Bob Fitzgerald reiterated their
departments' positions while that the underlying concept of the bill was a step in the right direction, the
bill itself, and its proposed amendments, were flawed.
PC Report No. 94
Comm. 729/Bill 215,Draft 2
September 20,2010
Page 2
Director Fitzgerald stated that he had not discussed this matter with Mr. Hoffmann in many months, but
the department's position had not changed. Director Fitzgerald informed your Committee that he
preferred to sit down with the developer and the planner and make his determination on a case-by-case
basis.
Director Leithead-Todd reminded your Committee that portions of the bill could be in conflict with other
chapters of the County Code, and with provisions in the Hawai`i Revised Statutes.
Council Members Ford, Hoffmann and Naeole-Beason voted in favor of further amending Bill 215,
Draft 2 with the contents contained in Communication 729.4. Council Members Onishi,Yoshimoto,
Ikeda and Enriques voted against the amendment. The motion failed.
During the discussion of the main motion, Mr. Hoffmann asked your Committee to pass his bill now,
stating that amendments and refinement could be made later. Mr. Hoffmann stated that the County
should not allow discussion by the developers. Mr. Hoffmann stated that this allows developers to talk
their way out of concurrency.
Director Leithead-Todd reminded your Committee that concurrency does not provide much needed
infrastructure,nor does it reduce the deficit in facilities. She stated that concurrency prevents
development and it prevents rezoning except for big projects by developers who can afford to meet the
concurrency requirements.
Fire Chief Oliveira was present but was not asked to participate in the discussion.
Your Committee concurs with the Windward and Leeward Planning Commissions' and the Planning
Director's negative recommendation regarding passage of Bill 215, Draft 2.
Your Committee on Planning is in not accord with the purpose and intent of Bill No. 215,Draft 2 and
forwards it for first reading to Council with a negative recommendation.
awm
AYES NOES A&E EX Respectfully submitted,
ENRIQUES X
FORD X COMMITTEE ON PLANNING
GREENWELL X
HOFFMANN X Ir �'—�►
IKEDA X
NAEOLE-BEASON X DONALD IKEDA,CHAIR
ONISHI X
YAGONG X PC REPORT NO. 94
YOSHIMOTO X ADOPTED: OCT 0 6 2010
PC Report No. 94
OFFICE INFORMATION ONLY
Meeting: October 6, 2010 —49th Session
Action: Filed Bill 215 (Draft 2) and PC-94
PC Report 94 transmitted the above Bill 215 (Draft 2) with a
"negative" recommendation due to a vote of 5-noes.
Re: Bill 215 (Draft 2) / Comm. 729.3 / PC-94