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Home My WebLink AboutMIN PC 2019/09/17 2018-2020Committee on Planning 17th Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii September 17, 2019 CALL TO The regular meeting of the Committee on Planning was called to order at ORDER: 2:54 p.m., in the Council Chambers, Kailua-Kona, by Ms. Ashley L. Kierkiewicz, Chair. ROLL CALL: Present: Ms. Ashley L. Kierkiewicz, Chair Ms. Susan L. K. Lee Loy, Vice Chair Ms. Maile Medeiros David, Member Ms. Karen Eoff, Member Mr. Matt Kaneali`i-Kleinfelder, Member Ms. Valerie T. Poindexter, Member Mr. Herbert M. "Tim" Richards, III, Member Ms. Rebecca Villegas, Member Absent & Excused: Mr. Aaron S. Y. Chung, Member STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS: COMMUNI- CATIONS: ORDER OF RESOLUTIONS The Chair directed the Committee to proceed to the next order of business, Statements from the Public on Agenda Items. (There were none.) The Chair directed the Committee to proceed to the next order of business, Communications. (There were none.) The Chair directed the Committee to proceed to the next order of business, Order of Resolutions. (There were none.) BILLS FOR The Chair directed the Committee to proceed to the next order of business, ORDINANCES: Bills for Ordinances. PC -17 September 17, 2019 Bill 94: AMENDS CHAPTER 25, ARTICLES 2 AND 5, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO GENERAL ADMINISTRATION AND ZONING DISTRICT REGULATIONS FOR INDOOR AND MAJOR OUTDOOR AMUSEMENT AND RECREATION FACILITIES (Planning Director Initiated) The Windward and Leeward Planning Commissions forward their favorable recommendations for this amendment to the Zoning Code, which would remove the option to obtain a Use Permit to develop major outdoor amusement and recreational facilities in residentially -zoned districts, and add the development of indoor amusement and recreational facilities as a permitted use in the Neighborhood Commercial, Limited Industrial, and General Industrial zoning districts. Reference: Comm. 450 Intr. by: Ms. Kierkiewicz (B/R) ; and Comm. 450.1: From Planning Director Michael Yee, dated August 26, 2019, transmitting the draft transcripts from the Windward and Leeward Planning Commissions. Motion to Approve: Ms. Lee Loy moved to recommend passage of Bill 94 on first reading. Seconded by Mr. Richards. CHR KIERKIEWICZ: We have Jeff Darrow from Planning Department. Jeff, if you could please come forward. (Note: At this time, Planning Manager Jeff Darrow came forward to address the members of the Committee.) CHR KIERKIEWICZ: I understand that this is a Director initiated amendments, and that there were favorable recommendations from both of our Planning Commissions. I'm seeing three changes to our zoning code, if you don't mind taking us through. But I just have to say the background report that you folks prepared on this was very well done, very thorough. I appreciate every single edit being called out, what was being changed, and the justification; so in our mind, it was very clear on what we were making decisions on. MR. DARROW: Thank you. Good afternoon, Chair Kierkiewicz, Council Members. Jeff Darrow, with the Planning Department, here on behalf of the Planning Director. As mentioned, we have three changes to our zoning code that we are proposing. One is taking out the option of a use permit for a major outdoor recreational facilities in type zoning; Single-family, Double -family, Multiple -family zoning districts. Page 2 PC -17 September 17, 2019 After looking at our past zoning permitting history, since 1996 when the Zoning Code was amended, there hasn't been any requests with that type of use in those zoning districts. We felt like there are quite a number of districts that are more appropriate than this type of use, and we felt maybe we should just remove that option in these residential zoning districts. So, that's number one. Number two is a more housecleaning matter. We have had the option of allowing a use permit or it was for a use permit for a major outdoor in the neighborhood commercial zoning district, yet under the permitted uses of neighborhood commercial, it didn't have that option. It was listed in the use permit section but not in the actual permitted list uses section, so we're just cleaning that up. And lastly, the main focus of this bill is to be able to open up the options of indoor amusement and recreational facilities in the remaining commercial and industrial zoning districts, where they are now not listed as permitted and there's no option for a use permit. Over the past several years, we've had a number of requests for these types of facilities, mainly for the health and wellness establishments; martial arts studios, those types of facilities; Cross Fit, body building. And they have been trying to go more in the neighborhood commercial and the limited industrial, general industrial zoning districts. Our only answer was that they're not permitted. Unfortunately, if you drive around these districts, you're going to find that there's quite a number of these facilities operating there; and the reason why they operate, is there's no check and balance. These owners of the property put up a warehouse that has numerous bays, and they just rent out the bays. There's no review through our office or through our office or through Building, and so they just find it as a great place to operate, and they do. We haven't received any complaints from these types of facilities in these zoning districts. This actually originated from a special permit application that had opposition, and so they were requested to relocate, and they had great difficulty in finding an open zoning district that would allow it. If these zoning districts would have been allowed, they would have had a much easier time to relocate. I'm here to answer any questions that you may have. CHR KIERKIEWICZ: Excellent recap, Mr. Darrow. Questions from my colleagues? Pretty straight forward. MS. EOFF: I have a comment. CHR KIERKIEWICZ: Oh, Ms. Eoff. Go ahead. Page 3 PC -17 Vote on Bill 94 (Approved) September 17, 2019 MS. EOFF: Thank you. I just wanted to say that it's really helpful to have your presentation as part of our packet. You know, we usually do have the minutes from the Planning Commission, but this is a good tool for us to see. MR. DARROW: Yeah, it's hard to follow that last act with all the presentations. It was like, "Oh man, I didn't bring my PowerPoint." MS. EOFF: But just having it here is good. You know, I attended the Planning Commission, Leeward, and understood the purpose. MR. DARROW: Thank you. MS. EOFF: Thank you. CHR KIERKIEWICZ: Any other comments? Thank you, Mr. Darrow. MR. DARROW: Thank you. CHR KIERKIEWICZ: I think the last time this code was amended was in 1996. Over the last five to ten years, you have been looking at making changes to these particular sections, and so the uptick in use permits for the recreational amusement indoor are really driven some of these changes. So thank you for being on it. Thank you for being proactive. I just want to make a note that at the HCPO (Hawai`i Congress of Planning Officials) conference there was a track on code audits, and so I will be following up with your office in figuring out a plan action around that. Because there were—there's so many Codes. Subdivision Code, for instance, that hasn't been touched since before I was born. I'm 33. Anyway, we have a motion on the floor to forward Bill 94 to the Council with a positive recommendation. All in favor please say "aye." The motion to recommend passage of Bill 94 on first reading was carried by the following voice vote: Ayes: Committee Members David, Eoff, Kaneali`i-Kleinfelder, Lee Loy, Poindexter, Richards, Villegas, and Chair Kierkiewicz – 8. Noes: None. Absent: Committee Member Chung – 1. Excused: None. CHR KIERKIEWICZ: Do I have a motion to adjourn? Page 4 PC -17 ADJOURN- MENT: N September 17, 2019 There being no further business, at 3:02 p.m., Ms. Lee Loy moved to adjourn the meeting. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Committee Members David, Eoff, Kaneali`i-Kleinfelder, Lee Loy, Poindexter, Richards, Villegas, and Chair Kierkiewicz — 8. Noes: None. Absent: Committee Member Chung — 1. Excused: None. CHR. KIERKIEWICZ: We are adjourned at 3:02 p.m. MR. DARROW: Thank you. CHR. KIERKIEWICZ: Thank you. Ms. A . Kierkiewicz, Chair Planning Committee AK/na (Date) Page 5