HomeMy WebLinkAboutCOM 0965.000 2008-2010 William P. Kenoi M '`+; BJ Leithead Todd
Mayor ^ "��� %cam Director
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_ ne_•r Margaret K. Masunaga
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County of Hawaii
PLANNING DEPARTMENT
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawai`i 96720
Phone(808)961 -8288 • Fax(808)961 -8742
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September 27, 2010 . •
Honorable J Yoshimoto, Chairman
and Members of the County Council
of Hawai`i
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Yoshimoto and Members:
Initiator: Planning Director
Amendment to Chapter 25, Hawaii County Code 1983 (2005 Edition, As Amended)
Relating to Filing Fee for a Use Permit Application
,Anitiator: Planning Director
Amendment to Chapter 25, Hawai`i County Code 1983 (2005 Edition, As Amended)
Relating to Processing Time for a Use Permit Application
As required by Chapter 4, Sec. 6- 4.3(C), Hawai`i County Charter, transmitted herewith for the
County Council's consideration and action are the Windward and Leeward Planning
Commissions' letters and enclosures regarding the above - referenced requests.
Sincerely,
•
■
William P. Kenoi
Mayor
Enclosures
cc: Planning Department
KBt °-7
Hairai'i County is an Equal Opportunity Provider and Employer COimak blo 9
Ref. To:
Ref. Date OCT 7 2018
•
County of Hawaii
WINDWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawai`i 96720
Phone (808) 961 -8288 • Fax (808)961 -8742
ti'SL f I 7
The Honorable J Yoshimoto, Chairman
and Members of the County Council "�
County of Hawai`i ",
25 Aupuni Street -
Hilo, HI 96720
Dear Chairman Yoshimoto and Council Members:
Initiator: Planning Director
Amendment to Chapter 25, Hawai`i County Code 1983 (2005 Edition, As Amended)
Relating to Processing Time for a Use Permit Application
The Windward Planning Commission at its duly held public hearing on August 12, 2010, considered the
Planning Director's request for an amendment to Chapter 25, Hawai`i County Code 1983 (2005 Edition
as amended) relating to processing time for a use permit application.
The Commission voted to forward a favorable recommendation to the County Council on the request.
The draft bill is attached for your favorable consideration. We have also enclosed a copy of the Planning
Director's Background and Recommendation Report, as well as a transcript of the hearing for your
information.
Sincerely,
,!"•":„2„, /.
Rell Woodward, Chairman
Windward Planning Commission
Lpdinitiated- processingtimeforuseappol wwpc
Enclosures
cc: Planning Department — Kona
Amy Self, Esq.
Hawai`i County is an Equal Opportunity Provider and Employer
N'''. .
rTRr
County of Hawai i
LEEWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawai `i 96720
Phone (808) 961 -8288 • Fax (808) 961 -8742
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The Honorable J Yoshimoto, Chairman _
and Members of the County Council
County of Hawai `i
25 Aupuni Street :
Hilo, HI 96720
Dear Chairman Yoshimoto and Council Members:
Initiator: Planning Director
Amendment to Chapter 25, Hawai `i County Code 1983 (2005 Edition, As Amended)
Relating to Processing Time for a Use Permit Application
The Leeward Planning Commission at its duly held public hearing on August 27, 2010, considered the
Planning Director's request for an amendment to Chapter 25, Hawai`i County Code 1983 (2005 Edition
as amended) relating to processing time for a use permit application.
The Commission voted to forward a favorable recommendation to the County Council on the request.
The draft bill is attached for your favorable consideration. We have also enclosed a copy of the Planning
Director's Background and Recommendation Report, as well as a transcript of the hearing for your
information.
Sincerely,
Frederic Housel, Chairman
Leeward Planning Commission
Lpdinitiated- processingtimeforuseappo 1 lwpc
Enclosures
cc: Planning Department — Kona
Amy Self, Esq.
Hawai `i County is an Equal Opportunity Provider and Employer
BRUSEProcessingTime.doc -7/29/ 10
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND AND RECOMMENDATION
INITIATOR: PLANNING DIRECTOR
AMENDMENT TO CHAPTER 25 (ZONING CODE)
OF THE HAWAII COUNTY CODE 1983 (2005 EDITION)
RELATING TO PROCESSING TIME FOR A USE PERMIT APPLICATION
The Planning Director is initiating an amendment to Chapter 25 (Zoning Code) of the
Hawaii County Code 1983 (2005 edition) relating to the processing time period for a Use Permit
application. The proposed amendment seeks to amend the Zoning Code to increase the time
period by which a public hearing before the Planning Commission shall be conducted for a Use
Permit application from its current sixty (60) days to 90 (ninety) days.
BACKGROUND
"Section 25 -2 -63 of the Zoning Code regarding "Procedure for use permit ", currently states:
(a) Upon acceptance of a use permit application, the commission shall fix a date for a public hearing.
The public hearing shall be commenced no later than sixty days after the acceptance of a use
permit application by the director." (emphasis added)
Over the years, it has been increasing difficult to process Use Permit applications and
bring them before the Planning Commission for a hearing within the required 60 -day processing
period. The Planning Director is requesting that the time period in which to bring a Use Permit
application for a hearing before the Planning Commission be increased to 90 (ninety) days to
allow for the proper scheduling and thorough assessment of a Use Permit application.
Some of the practical problems associated with the current 60 -day processing period:
1. difficulties in scheduling a Use Permit application before the Commission whose
district in which the affected property is situated within such a short time frame.
2. publication of notice of hearing in newspapers must be made at least 10 days prior to
hearing date. §25- 2 -5(a), HCC. Newspapers require that such notice be submitted to
them at least 4 to 5 days prior to publication date. This typically leaves the
department and the Commission with only one hearing opportunity in which to
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schedule the application within the current 60 -day processing timeframe. This
restricts the department and Commission from properly managing the hearing agenda.
3. Use Permit applications must be acknowledged within 15 days of submittal and
transmitted to agencies for review and comment. The Planning Director also tries to
provide her recommendation on a Use Permit application to the Commission at least
15 days prior to the scheduled hearing on the application. This leaves the Director
less than 30 days in which to transmit the application to affected agencies, receive
their comments, properly assess those comments and develop her recommendation to
the Commission.
Should this amendment be approved, it will allow the Director an additional 30 days to
solicit comments from the reviewing agencies, consult and coordinate those comments with the
applicant, and develop her recommendation to the Commission that is based on a thorough
assessment of the application.
Note that should this amendment be approved by the Hawaii County Council, the
Planning Director will initiate an amendment to Rule No. 7 of the Planning Commission Rules of
Practice and Procedure relating to Use Permit to similarly increase the processing time period to
90 days.
Chapter 25 (Zoning) of the Hawaii County Code 1983 (2005 edition) is proposed to be
amended as attached Planning Department Exhibit 1. (Material to be deleted is bracketed and
struck through; material to be added is underscored)
RECOMMENDATION
For the reasons cited above, the Planning Director recommends that the Planning
Commission send a favorable recommendation to the Hawaii County Council for the amendment
to Chapter 25 (Zoning) of the Hawaii County Code 1983 (2005 edition) relating to processing
time period for a Use Permit application. The accompanying draft bill is provided for your
favorable consideration.
-2-
` N`v os py
COUNTY OF HAWAII ' \. ' * ` STATE OF HAWAII
Oi too"
BILL NO.
ORDINANCE NO. (PLANNING DEPT.)
AN ORDINANCE AMENDING CHAPTER 25, HAWAI`I COUNTY CODE 1983 (2005
EDITION, AS AMENDED) RELATING TO PROCESSING TIME FOR A USE PERMIT
APPLICATION.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The current language of the code states that the Planning
Commission shall conduct a public hearing on a use permit application no later than sixty days
after the acceptance of a use permit application by the Planning Director. The processing time is
proposed to be increased to ninety days in order to be consistent with the minimum processing
time for other permit applications. This proposal to extend the processing time by one month
will allow the cooperating governmental agencies and affected community organizations
additional time to review and provide comments on an application.
SECTION 2. Chapter 25, article 2, division 6, section 25 -2 -63 is amended to read as
follows:
"Section 25 -2 -63. Procedure for use permit.
(a) Upon acceptance of a use permit application, the commission shall fix a date for a
public hearing. The public hearing shall be commenced no later than [sixy] ninety
days after the acceptance of a use permit application by the director.
(b) The applicant shall serve notice of the use permit application on surrounding owners
and lessees of record as provided by section 25 -2 -4. The applicant shall also serve
notice on owners and lessees of record interests in other properties which the
commission may find to be directly affected by the use permit sought. The applicant
Planning Dept
Exhibit
shall also post a sign for public notification on the property as provided by section 25-
2 -12.
(c) Prior to the public hearing, the commission shall publish notice of the public hearing
in accordance with the requirements of this chapter."
SECTION 3. Severability. If any provision of this ordinance or the application thereof
to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or
application of the ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are declared to be severable.
SECTION 4. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need
not be included.
SECTION 5. This ordinance shall take effect upon approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawai`i
Date of Introduction:
Date of 1s Reading:
Date of 2nd Reading;
Effective Date:
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WINDWARD PLANNING COMMISSION
COUNTY OF HAWAII
HEARING TRANSCRIPT
AUGUST 12, 2010
A regularly advertised hearing on the PLANNING DIRECTOR INITIATED AMENDMENT
TO CHAPTER 25, PROCESSING TIME FOR USE PERMIT APPLICATION, was called
to order at 10:28 a.m. in the County of Hawai`i Councilroom, County Building, 25 Aupuni
Street, Hilo, Hawaii, with Chairman Rell Woodward presiding.
COMMISSIONERS PRESENT: Rell Woodward, Dean Au, Takashi Domingo, Andrew
Iwashita, and Zendo Kern.
STAFF PRESENT: Brandon Gonzalez (Deputy Corporation Counsel), BJ Leithead Todd
(Planning Director), Daryn Arai (Planning Program Manager), Phyllis Fujimoto (Staff
Planner), Jeff Darrow (Staff Planner) and Maija Cottle (Staff Planner).
ABSENT AND EXCUSED: Wallace Ishibashi.
And 10 people from the public in attendance.
INITIATOR: PLANNING DIRECTOR
Amendment to Chapter 25 (Zoning Code), Hawai`i County Code 1983 (2005 Edition, as
amended) relating to Processing Time for a Use Permit Application.
WOODWARD: The next item is a similar housekeeping item. Again, an amendment to
Chapter 25 relating to the processing time for use permit application. Daryn.
ARAI: Thank you, Mr. Chairman. The purpose of this proposed amendment is simply to
provide the Department with basically one additional month of processing time in order to
contact the various agencies and community organizations and incorporate their comments and
recommendations into the recommendations that we would then therefore make to the Planning
Commission. The current 60 -day processing period is just simply too short. Some use permits
have become very complex requiring multiple discussions with affected agencies or applicants.
So we simply feel that the 90 -day processing time period would be consistent with that of, say, a
special permit application and would provide us the opportunity to provide the Commission with
a most informed recommendation.
WOODWARD: All right. Any questions?
LEITHEAD TODD: Mr. Chair?
WOODWARD: Yes, Madam Director.
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LEITHEAD TODD: I just wanted to add, I wanted to add that one of the reasons that this has
become more of a problem is since the creation of two separate planning commissions, because
each planning commission only meets once a month. Prior to the creation of two commissions,
you had two hearing dates within a month with the same commission where you could schedule
a hearing. But now it has become much more difficult because you just have that one meeting a
month that each commission meets. So if you're scheduling a hearing, you've just got one
opportunity. And so it has made it very difficult for us to meet these timelines.
WOODWARD: Okay, thank you.
KERN: Mr. Chairman? Mr. Chair?
WOODWARD: Yes.
KERN: I've got one question.
WOODWARD: Yes, Commissioner Kern.
KERN: Pretty self - explanatory, I think. But in the event it's a simple application and it comes
through, it can be processed more expeditiously and come on to an agenda faster if it's simpler,
right?
ARAI: Our general rule of thumb is that if an application is ready we don't simply wait out the
entire processing time period. If it's ready to go and there's an opportunity to place it on the
agenda, we will do so.
KERN: Thank you. I just wanted on record. Cool.
WOODWARD: All right. Well, we do have one person who signed in late to testify on this
issue, Claudia Rohr. Okay, if I could swear you in. Do you swear or affirm to tell the truth
today before the Windward Planning Commission?
ROHR: I do. I do.
WOODWARD: Okay. And if you'll give us your name and address and you may begin.
ROHR: Claudia Rohr, 369 Nene Street, Hilo, Hawai`i. I'm hard of hearing. I have a disability
under the ADA. Could you repeat how long you're extending the time period to, what it is now
and what you're extending it to?
ARAI: The current code and rule requires a 60 -day processing time period. The proposed
amendment is to increase that processing time period to 90 days. So basically a 30 -day increase
in processing time period.
ROHR: The reason why I am late on the next agenda item has to do with time periods. And I
think 90 days really is required. I track the process on most of the hearings that I go to, the
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notice to the various agencies. And I actually called them up and I sent in a "for your request."
And they said, well, we didn't provide comments. And then they looked at it and they finally
provided comments. And it really does take 90 days, which is three months from the time that
they think they have a completed application. And without those comments the whole picture is
not on the table to see if really the application is complete. So I support this change and wish
that all the time requirements would be 90 days, including the one to amend an SMA Permit,
which is only 45 days. Thank you.
WOODWARD: All right, thank you. Any questions? Okay now you may be seated. Thank
you. All right, do we have a motion? Commissioner Kern?
KERN: Yes, thank you, Mr. Chairman. Regarding amendment to Chapter 25, Zoning Code,
relating to the processing time for a use permit application, changing it from currently 60 days to
90 days, I move that we send a favorable recommendation to Council.
AU: Second.
WOODWARD: Okay, it has been moved and seconded. Do we have any discussion?
Commissioner Kern?
KERN: Sure. Yeah, I think this is a, in short, this is a good thing. It will give everybody more
time to get the job done in the most concise manner possible. And I'm sure it has been very
taxing having the change of one commission meeting a month and trying to get everything done,
so I fully support it. Thanks.
WOODWARD: All right, thank you. Okay, Daryn, let's take a vote.
ARAI: Okay, Commissioner Kern?
KERN: Aye.
ARAI: Commissioner Au?
AU: Yes.
ARAI: Commissioner Domingo?
DOMINGO: Aye.
ARAI: Commissioner Ono?
ONO: Aye.
ARAI: And Chairman Woodward?
WOODWARD: Aye.
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ARAI: Mr. Chairman, you have five aye votes.
WOODWARD: Okay.
The discussion ended at 10:33 a.m.
Respectfully submitted,
Sharon M. Nomura, Secretary
Windward Planning Commission
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LEEWARD PLANNING COMMISSION
COUNTY OF HAWAI`I
HEARING TRANSCRIPT
AUGUST 27, 2010
A regularly advertised hearing on the PLANNING DIRECTOR INITIATED AMENDMENT
TO CHAPTER 25, PROCESSING TIME FOR USE PERMIT APPLICATION was called
to order at 10:37 a.m. in the King Kamehameha's Kona Beach Hotel, Ballroom I, 75 -5660 Palani
Road, Kailua -Kona, Hawai`i, with Chairman Frederic Housel presiding.
COMMISSIONERS PRESENT: Frederic Housel, Brandi Beaudet, Lani Bowman, Geraldine
Giffin, Thomas Hickcox, Wayne Iokepa and Richard Nelson
STAFF PRESENT: Brandon Gonzalez (Deputy Corporation Counsel), BJ Leithead Todd
(Planning Director), Margaret Masunaga (Deputy Planning Director), Daryn Arai (Planning
Program Manager), Jeff Darrow (Staff Planner) and Maija Cottle (Staff Planner)
And approximately 80 people from the public in attendance.
INITIATOR: PLANNING DIRECTOR
Amendment to Chapter 25 (Zoning Code), Hawai`i County Code 1983 (2005 Edition, as
amended) relating to Processing Time for a Use Permit Application.
HOUSEL: We'll proceed with Item No. 4 on our agenda. And the initiator is the Planning
Director. This is an amendment to Chapter 25, the Zoning Code, Hawai`i County Code 1983
(2005 Edition, as amended) relating to the processing time for use permit application. Staff?
ARAI: Thank you. The proposed bill before you seeks to amend Section 25 -2 -63 of the Zoning
Code regarding procedures for use permit, which currently requires that the public hearing on a
use permit application commence no later than 60 days after its acceptance by the Planning
Director. That compressed time frame has caused difficulties in scheduling a use permit
application before the Commission, along with consideration for publication requirements in a
newspaper of general circulation, as well as the ability of the Department to acknowledge
applications, transmit to agencies for proper review and comments, and developing the Planning
Director's position and recommendation regarding a use permit application, and transmitting the
same to the Planning Commission, all within the 60 -day time frame — it's very, very difficult.
Therefore, we are requesting, the Director has introduced this bill that would amend Section 25-
2-63, Subsection (a) of the Zoning Code, to amend the section to increase the processing time
period from 60 days to 90 days, nine -zero, which is the time period consistent with other types of
application like special permit application and SMA application. So we have our request before
you.
HOUSEL: Thank you, Daryn. Any questions, Commissioners? There are no persons signed up
to testify on this. Would anyone like to make a motion?
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GIFFIN: Mr. Chairman, I move that the proposed amendment by the Planning Director, the
amendment to Chapter 25 relating to processing time for use permit application from 60 days to
90 days be favorably recommended to the County Council.
HOUSEL: Thank you. Second?
IOKEPA: Second.
HOUSEL: Who seconded that? Commissioner Iokepa? Thank you. Any discussion? Okay.
Daryn, would you like to take a roll?
ARAI: Thank you, Mr. Chairman. Commissioner Giffin?
GIFFIN: Aye.
ARAI: Commissioner Iokepa?
IOKEPA: Aye.
ARAI: Commissioner Beaudet?
BEAUDET: Aye.
ARAI: Commissioner Bowman?
BOWMAN: Aye.
ARAI: Commissioner Hickcox?
HICKCOX: Aye.
ARAI: Commissioner Nelson?
NELSON: Aye.
ARAI: And Mr. Chairman?
HOUSEL: Aye.
ARAI: Mr. Chairman, motion carries with seven aye votes.
HOUSEL: Thank you, Daryn.
The discussion ended at 10:40 a.m.
Respectfully submitted,
Noriko Sauer, Secretary
Leeward Planning Commission
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