HomeMy WebLinkAboutREP PC 019 2019/04/09 2018-2020 REPORT OF THE
COMMITTEE ON PLANNING
DATE: April 9, 2019 Re: Comm. No. 197/Bill No. 48
PLACE: Council Chambers
Hilo, Hawai`i
TIME: 1:02 p.m.
Council Chair and Members
Hawai`i County Council
Hilo, Hawai`i 96720
Your Committee on Planning, to which was referred Bill No. 48, reports as follows:
Bill No. 48, transmitted by Mayor Harry Kim via Communication No. 197, dated March 13, 2019,
is an Ordinance amending Ordinance Number 12-;156, which amended Ordinance No. 02-64, which
amended Section 25-8-3 (North Kona Zone Map) Article 8, Chapter 25 (Zoning Code) of the
Hawai`i County Code 1983 (2016 Edition, as amended), by changing the district classification from
Agricultural-five acres (A-5a) to Single Family Residential—20,000 square feet (RS-20). The
property at Kalaoa 4TH,North Kona, Hawai`i, covered by Tax Map Key: 7-3-005:030.
The Leeward Planning Commission held a public hearing on February 21, 2019 and notes in its
report the applicant requests a five-year time extension to comply with Condition D (Final
Subdivision Approval) due to circumstances beyond the control of the applicant. The time
request does not conflict with the General Plan or the Zoning Code therefore the Leeward
Planning Commission forwarded a favorable recommendation to the Council.
Planning Consultant Greg Mooers appeared before the Council and explained that he had been
part of the original rezoning of this project in 2002 and was approached by the applicant to assist
with current time extension request. He noted that between 2002 and 2019 there had been several
changes to the subdivision plan and at this time other family members were stepping in to assist
with the financial responsibilities of the development.
Committee Chair Ashley Kierkiewicz noted this was a very simple time extension request with
tentative subdivision approval in which conditions were addressed, and that the applicant need
more time to complete additional conditions in order to receive final approval on the subdivision
plan. She pointed out that the measure had moved to Council with a favorable recommendation
from the Planning Commission.
Planning Director Michael Yee took time to address time extension requests in general, as there
had been some discussion amongst the Planning Committee about them in previous measures
that he called"high profile cases." He cautioned making new policy around time extensions
based on those examples as it would put at risk the typical applicant who would then have to
meet the same standards. He noted that time extensions occur"all the time." Committee Chair
PC Report No.: 19
PC-19 Page 2 April 9,2019
Kierkiewicz clarified for the record that he was referencing administrative time extensions that
were part of the conditions of some bills.
Committee Vice Chair Sue L. K. Lee Loy stated that she appreciated Director Yee's comments,
but noted that while applicants work diligently to get plans approved and meet conditions set
forth, at times it is the County and other government departments that take an excessive amount
of time to follow through on their required reviews. She stated that it would be ideal if"the clock
stopped ticking" so as not to penalize applicants who are essentially set up for failure and then
experience economic consequences due to no fault of their own. She agreed that this measure
was a prime example of why time extensions should be granted.
Council Member Richards noted that extensions were also needed not just due to the timing of
requirements, but other influences such as family issues and economic downturns. He stated he
appreciated Committee Chair Lee Loy's comments and would support the measure.
Your Committee on Planning is in accord with the purpose and intent of Bill No. 48 and
recommends its passage on first reading.
ck
AYES NOES ABS EX Respectfully submitted,
CHUNG X
DAVID x COMMITTEE ON PLANNING
EOFF X
KANEALI`I-KLEINFELDER X
KIERKIEWICZ X
LEE LOY X b
POINDEXTER x ASHLEY L. KIERKIEWICZ, CHAIR
RICHARDS X PC REPORT NO.: 19
VILLEGAS x ADOPTED: APR 2 4 2019