HomeMy WebLinkAboutREP PC 013 2019/03/12 2018-2020 REPORT OF THE
COMMITTEE ON PLANNING
DATE: March 12, 2019 Re: Comm. No. 134/Bill No. 33
PLACE: Council Chambers
Hilo, Hawai`i
TIME: 9:03 a.m.
Council Chair and Members
Hawai`i County Council
Hilo, Hawai`i 96720
Your Committee on Planning, to which was referred Bill No. 33, reports as follows:
Bill No. 33, transmitted by Mayor Harry Kim via Communication No. 134, dated February 14, 2019,
an Ordinance amending Ordinance No. 06-107 which reclassified lands from Single Family
Residential— 10,000 square feet(RS-10)to Neighborhood Commercial—20,000 square feet(CN-20)
at Waiakea, South Hilo, Hawai`i, covered by Tax Map Key: 2-2-034:012 (Applicant: Makalika 521,
LLC) (Area: 20,000 Square Feet).
Mayor Kim forwarded the Windward Planning Commission's favorable recommendation from the
February 7, 2019 public hearing in which the applicant requested to allow the construction of a new
commercial structure in Condition B; complete the future road-widening as required in Condition D;
amendments to complete the required off-site infrastructure improvements in Condition E; and an
additional allowance of an administrative time extension allowed in Condition O.
Standing in for the applicant and their planning consultant Sidney Fuke was Zendo Kern. Mr. Kern
briefly summarized the project stating that it was a simple request for zone change from family
residential to commercial zoning and a time extension was needed to complete the project. He explained
that the original idea to expand the business known as Kilauea Kreations had changed since the time of
the original purchase of the property and the completion of offsite infrastructure plans, noting that the
current plan is to build a retail/office complex.
Mr. Kern acknowledged that he had reviewed and was in agreement with the conditions of approval as
outlined in the Windward Planning Commission's report after being questioned by Planning Committee
Vice Chair Sue L. K. Lee Loy. Vice Chair Lee Loy pointed out Condition G, which had been amended,
regarding a drainage study and asked Mr. Kern that if this, along with other required studies conducted
through various entities to meet conditions of approval, set applicants up to fail in meeting the original
timing requirements. Mr. Kern acknowledged that Vice Chair Lee Loy brought up "a very important
conversation" about the planning and development process that applicants go through to meet all
requirements of the County and otherwise, and that numerous variables such as financing and economic
downturns, also impact development timelines and overall outcomes. He said that in his opinion,
"making rezonings and applications actionable is critical" and provided some ideas, such as phasing,
that might improve the process.
Vice Chair Lee Loy then asked Corporation Counsel Amy Self, who immediately deferred to Planning
Program Manager Jeff Darrow, about the rationale used regarding time limits. She explained that she
had entered her third year on the Council and that in the last few months four time extensions had come
PC Report No. 13
PC-13 Page 2 March 12,2019
before the Planning Committee, which indicated to her that meeting timing elements seemed to be a
challenge. Mr. Darrow stated that around 2007 there had been a change in the zoning code and a
drainage study had to be completed on this particular project. He acknowledged there may need to be
some flexibility in this requirement allowing the Department of Public Works to decide whether a
drainage study would be required of applicants or not, depending on the complexity of the project. He
echoed Mr. Kern's sentiments that economic downturns can impact project funding, and that the trend of
time extension requests that the Planning Committee had been witnessing in the last few months were as
a result of"stale"projects that had once again found financing for completion.
Council Member Herbert M. "Tim"Richards III noted his appreciation for Committee Vice Chair Lee
Loy's "business friendly perspective"regarding the planning process. He requested Planning Committee
Chair Ashley L. Kierkiewicz submit a communication to pursue more robust conversation on this issue
at a future Planning Committee meeting.
Council Member Matt Kaneali`i-Kleinfelder wanted clarification regarding the removal of language in
the bill that the drainage study would be completed by a licensed civil engineer. Mr. Darrow explained
that although the language had been removed, the study would still be completed by a licensed civil
engineer as this is a standard requirement.
Council Member Karen Eoff agreed that the subject of project ordinance time limits needed to be
addressed as she also believed that rezonings were languishing.
Committee Chair Ashley L. Kierkiewicz expressed her appreciation for the subject at hand and read part
of Planning Consultant Sidney Fuke's justification of requested time extension. She described the good
faith effort the applicant had made to meet requirements, including infrastructure improvements, to
complete the project on time, but"getting the required construction plans prepared and finally approved
took longer than anticipated." She stated she wanted to set both the County and developers up for
success and that the future discussion on process was vital towards achieving this.
The vote was then taken on the motion to move this measure to council with a positive recommendation
and passed with seven"ayes."
Your Committee on Planning is in accord with the purpose and intent of Bill No. 33, and recommends
its passage on first reading.
ck
AYES NOES ABS EX Respectfully submitted,
CHUNG X
DAVID x COMMITTEE ON PLANNING
EOFF X
KIERKIEWICZ X 1
4 1
KANEALI`I-KLEINFELDER X
LEE LOY X •
POINDEXTER X ASHLEY L. KIERKIEWICZ, CHAIR
RICHARDS X PC REPORT NO.: 13
VILLEGAS X ADOPTED: MAR 2 8 2_019