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HomeMy WebLinkAbout2020-11-05 Exh B PD Initiated Relating to Use Permit WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT November 5, 2020 A regularly advertised hearing on the application of PLANNING DIRECTOR INITIATED AMENDMENT TO CHAPTER 25 OF THE HAWAII COUNTY CODE, RELATING TO USE PERMIT was called to order at 10:50 a.m. via live-stream online meeting, with Chair Thomas Raffipiy presiding. VIRTUAL ATTENDANCE(COMMISSIONERS): Gilbert Aguinaldo, Dean Au, Joseph Clarkson, Thomas Raffipiy, John Replogle. VIRTUAL ATTENDANCE(STAFF): Malia Hall (Deputy Corporation Counsel for the Windward Planning Commission), Michael Yee (Planning Director), John Mukai (Deputy Corporation Counsel for the Planning Director); Jeff Darrow (Planning Program Manager), Tracie-Lee Camero (Planner), Rachelle Ley (Department Secretary), and Melissa Dacayanan- Salvador (Temporary Assigned Commission Secretary). And 2 members from the public live streaming the meeting . INITIATOR: PLANNING DIRECTOR An ordinance amending Chapter 25 (Zoning Code), Article 2, Division 6 of the Hawaii County Code 1983 (2016 Edition, as amended), to update the time and revocation requirements for the Windward Planning Commission and Leeward Planning Commission to act on and revoke a Use Permit to be consistent with the Planning Commission Rules of Practice and Procedure. Secretary's Note: "—"means that there were technical and/or internet difficulties which made the conversation inaudible. RAFFIPIY: Let's proceed to the next item on the agenda that is the Planning Director Initiated item. An ordinance amending Chapter 25 of the (Zoning Code), Article 2. Division 6 of the Hawaii County Code 1983 (2016 Edition, as amended), to update the time and revocation requirements for the Windward Planning Commission and Leeward Planning Commission to act on and revoke a Use Permit to be consistent with the Planning Commission Rules of Practice and Procedure. So, staff can you go ahead and make the presentation. I believe Tracie is going to make the presentation. CAMERO: Yes, I will. RAFFIPIY: Thanks Tracie. CAMERO: Thank you Chair, let me get my screen ready for you. EXHIBIT B 1 YEE: Tracie, you may need to speak up like you are speaking to your kids. A little more loudly. CAMERO: Sorry, I will try my best. Can you all see my screen? REPLOGLE: I can see you. CAMERO: You can see me [laugh]. Okay, let me get it back up. DARROW: Do you need help? CAMERO: Yes please. Why is it not showing up? Oh, here. Sorry, can you all see my screen now? DARROW: It's coming, it's not there yet. RAFFIPIY: Now we can, thank you. CLARKSON: I have a request though. CAMERO: Yes. CLARKSON: Is there some way to just show the screen and not the preview on the side? CAMERO: Yeah. DARROW: So, go to the top and stop sharing and then share again and go to the one that is the full screen. CAMERO: I have, that's the one I keep on going to. DARROW: Let's see. CAMERO: I'm not too sure why it's doing this again. Sorry guys, please bear with me. DARROW: Okay, try stop sharing. Go to the top. CAMERO: I did. DARROW: You stopped sharing, right? CAMERO: Yes. DARROW: Okay, try that one. CAMERO: This one? EXHIBIT B 2 DARROW: Yeah. CAMERO: Okay. DARROW: There you go you're on. CAMERO: Okay, sounds good. Thank you, guys so much for your patience. Good morning Chair and members of the Planning Commission. As the Chair mentioned this is a Planning Director Initiated amendment relating to the time and revocation requirements for Use Permits. If you have any questions, please feel free to stop me at any time for clarification. Can you all see my screen? With this bill the Planning Director is proposing four (4) amendments. These amendments are to change the zoning code language with the language that is in the current Planning Commission Rules of Practice and Procedures. Three (3) of the 4 proposed amendments of this bill are within Section 25-2-64 of the Hawaii County Code. The proposed amendment number one (1) will remove the requirement that the Commission shall either approve or deny a Use Permit application no later than sixty (60) days after the close of public hearings or allow for a longer period as long as the Commission is in agreement with the Applicant. To address comments that were provided in earlier testimony received by the department this proposed amendment will allow for a longer time-period for the Commission to either approve or deny an application. This is not shortening the time-period in essence. Proposed amendment number two (2) clarifies that the Commission can add conditions of approval that are not limited to the hours of operation in terms of the Use Permit. The proposed amendment number three (3) clarifies that if the Commission fails to render a decision on a Use Permit application in the required time it is deemed approved unless an extension is agreed to by all parties and a contested case hearing pertaining to the permit is pending before the Commission. Replacing the broader written objection language in the current code. Now, you should have received an amendment to this Section which reflects what was suggested by the Leeward Planning Commission at their October 15, 2020 hearing. The Director thought this was an appropriate amendment for the automatic approvals therefore, we added the language unless an extension is agreed to by all parties. All of the proposed amendments are shown on your screen. Comments came into the Planning Department with regards to the automatic approval language. I've taken this time to clarify the history of the automatic approval language which dates to 1998 and Act 164 which amended HRS Section 91-13.5 to read as you see on the screen. This at the time was an effort to revitalize Hawai`i's economy in the late 1990's. As for the change to remove the written objections and replace it with the contested case. The Department has always allowed for written objections to be submitted on any application. Written objections, however, has not stopped applications from the automatic approval should the Commission not come to a decision. Historically, a contested case has been the only deterrent from the automatic approval as required by HRS. EXHIBIT B 3 The fourth and last proposed amendment is to delete Section 25-2-67 and replace it with the following language. Section (a)now gives the Director the authority to administer revocation of Use permits when requested by the permit holder; Section (b) is the process in which the Commission shall revoke a permit when requested by the Director; Section (c) explains that written notice shall be done by the Director to the permit holder and lastly Section (d) is the process to appeal a Director's revocation. These proposed amendments are again to provide consistency with the Code and our current Planning Commission Rules of Practice and Procedures. The Planning Director is recommending that the Planning Commission send a favorable recommendation to the Hawaii County Council for these amendments. With that,that concludes my presentation, and I can open up the floor to any questions. RAFFIPIY: Thank you Tracie. Any questions for Tracie from the Commission? No questions. Alright. REPLOGLE: No, no, no I had trouble finding the unmute. RAFFIPIY: Go ahead Mr. Replogle. REPLOGLE: So, it says if the Commission say on (c) if the Commission fails to render a decision within the prescribed period, the application shall be considered approved. So, the prescribed period of time and I'm just going to as an example pick Pi`ilani Partners. Was that what we did in that process within the prescribed period of time even though we came to oh, we want to continue it, we want to continue it, working through the whole process. Is that considered the prescribed period of time or could it some point when we want it to continue it could the Applicant have said no, I don't go along with that and if we failed to reach a decision that day then it would have been approved? CAMERO: No, so— REPLOGLE: I don't know if anybody can answer that, but. CAMERO: —I can answer that. so— REPLOGLE: Okay, thank you. CAMERO: When it comes to SMA and the regulations of SMA we go off of HRS Chapter 205A for SMA's. So, we follow those prescribed rules as far as that happens. This proposed change in particular we are only speaking to Use permits and how the automatic approvals applies to Use permits only. There are two (2) different sections of the HRS that we follow for the 2 various permits that we have. REPLOGLE: Okay. Thank you. EXHIBIT B 4 RAFFIPIY: Thank you. Any other questions? Alright, no questions, no comments I need a motion for action. AU: Mr. Chair, I'll make the motion. RAFFIPIY: Mr. Au go ahead and make the motion please. AU: I beat Joe to it. So, my motion, I move that a favorable recommendation be forwarded to the County Council on the Ordinance amending Hawaii County Code, Chapter 25, based on the Planning Director's recommendation, which shall be, which shall be adopted. AGUINALDO: I second. RAFFIPIY: Its moved and seconded that we adopt the Planning Director's recommendation for a favorable recommendation as stated by Mr. Au. Any discussion— AU: Chair Raffipiy, I have a comment or a question for staff. RAFFIPIY: Go ahead Mr. Au. AU: It's my understanding this agenda item also has to go to the Leeward right? Is that correct? Has to be approved by the Leeward and Windward and then it goes to the County Council. Is that the procedure for this change? CAMERO: So, this amendment actually went to the Leeward at their October 15, 2020 hearing which is why there was also that amendment that we had sent to the Commission that additional amendment that basically said "unless an extension is agreed to by all parties" for the automatic approval because that was what they recommended at their October meeting. So, after this it will go straight to County Council. AU: Thank you. RAFFIPIY: Any other discussion? Alright, staff can you take the vote by roll call please. CAMERO: Okay, Commissioner Au? AU: Aye. CAMERO: Commissioner Aguinaldo? AGUINALDO: Aye. CAMERO: Commissioner Clarkson? CLARKSON: Aye. EXHIBIT B 5 CAMERO: Commissioner Vice-Chair Replogle? REPLOGLE: Aye. CAMERO: And Chair Raffipiy? RAFFIPIY: Aye. CAMERO: The motion carries 5-0. RAFFIPIY: Thank you very much. The discussion ended at 11:02 a.m. Respectfully submitted, Melissa Dacayanan-Salvador, Temporary Assignment Secretary Windward Planning Commission EXHIBIT B 6