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HomeMy WebLinkAbout2021-05-20 Leeward Exh F (Amend Zoning & Subdivision Code re Application Process) LEEWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT MAY 20, 2021 A regularly advertised hearing on the PLANNING DIRECTOR INITIATED AMENDMENT TO CHAPTER 23 AND CHAPTER 25 OF THE HAWAII COUNTY CODE, RELATING TO APPLICATION PROCESS IN PREPARATION FOR THE ENERGOV LAUNCH was called to order at 2:02 p.m. via live stream online meeting, with Chairman Michael Vitousek presiding. COMMISSIONERS PRESENT: Michael Vitousek, Nancy Carr Smith, Barbara DeFranco, Max Newberg, Mark Van Pernis, and Faith "Faye"Yates ABSENT AND EXCUSED: Clement"CJ" Kanuha III ALSO IN ATTENDANCE: Dalilah Schlueter, Esq. (Counsel for the Commission), Jean Campbell, Esq. (Counsel for the Planning Department), Jeffrey Darrow (Deputy Planning Director), Maija Jackson (Planning Program Manager), Alex Roy (Planner), Christian Kay (Planner), Tracie-Lee Camero (Planner), and Noriko Sauer(Leeward Planning Commission Secretary) INITIATOR: PLANNING DIRECTOR An ordinance amending Chapter 23 (Subdivision Code) and Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2016 Edition, as amended). Amendments to Chapter 23 (Subdivision Code), Article 4, Article 5, and Article 6 relate to general provisions, final plat map and construction. Amendments to Chapter 25 (Zoning Code), Article 2 and Article 6 relate to general administration and time extensions and amendments for planned unit developments. The purpose is to amend language in the Subdivision Code and the Zoning Code in preparation for the Energov launch, which will change the process for submitting applications to the Planning Department. VITOUSEK: Moving on to Item 6. The initiator's the Planning Director. An ordinance amending Chapter 23, Subdivision Code, and Chapter 25, Zoning Code, of Hawaii County Code 1983 (2016 Edition, as amended). Amendments to Chapter 23, Subdivision Code YATES: I can't hear anyone. VITOUSEK: What's that, Faye? Can you hear us, Faye? [Chair Vitousek took a moment to assist Ms. Yates with her audio. Ms. Jackson offered to assist Ms. Yates, and Chair Vitousek proceeded with the meeting.] VITOUSEK: Amendments to Chapter 25, Zoning Code, Article 2, and Article 6 relate to general administration and time extensions and amendments for planned unit developments. The purpose is to amend language in the Subdivision Code and the Zoning Code in preparation for the 1 EXHIBIT F Energov launch, which will change the process for submitting applications to the Planning Department. Deputy Director Darrow, are you, are you taking this one as well? DARROW: It looks like it. So, I, this one is hopefully simple enough that we don't need a big presentation and we'll keep it sweet and short. This is really just housekeeping. We're, we've been kind of directed to prepare for this Energov launch YATES: Hello? I can't hear. DARROW: --and in preparation for that, there are certain processes that are going to change. Most importantly, the process for intaking applications, as well as just correspondence overall. It's meant to be an online intake system, where somebody can submit an application or a correspondence similar to email, but it would be through this Energov system. They would be able to type up their application and submit it directly into Planning. There wouldn't be any more copies that need to be submitted. There's going to be some hiccups, some up and downs as we work through this, but in preparation for this, we want to be able to change certain portions in the Subdivision Code and the Zoning Code that require most imp--, right now, mainly copies of particular applications because in the future those copies won't need to be submitted. The whole goal for this is, hopefully, similar to what SHPD did with their intake process, is to be able to go online, fill out an application, and submit it electronically. They review it, and then they send us back comments. Our goal is to be able to receive an application, review it, accept it or return it. If we accept it, we can send the application out electronically to all the agencies for comments, as well as to the Planning Commission members. We're going to have to work on getting devices for the Commission to be able to view those particular files that will be sent to them. So, the main thing is wherever in the Subdivision or Zoning Code that required copies for applications, you'll see some changes there in these particular amendments. We really appreciate the flexibility today to allow us to include that simple fix for the family agricultural district, so we don't have to come back and do a whole ordinance amendment. As mentioned, this launch is proposed in July; July 26 is our date. It's getting pretty close, so we're trying to get the code changes as well as we're all working on rule changes. So, not too, I believe in early July we're going to have to work on a joint Planning Commission meeting to be able to go through the Planning Commission rules and anything that needs to be adjusted we'll have to vote on those adjustments. There will be Planning Department rule changes, Board of Appeal rule changes, so all these are being worked on right now to be changed prior to July. Planning Department as well as Department of Public Works are going through these, these changes for the Energov launch. There was a correspondence received from Cory Harden dated May I Oh. I'm surprised she didn't testify today, but we'll address her concerns. She had asked, "Please ask how members of the public with limited email or internet access will be able to view application documents" We, 2 EXHIBIT F currently we've been kind of transitioning, as you might know, to place the applications online so that people could look at that. If they don't have internet access, or limited email, what they might be able to do, we're going to be putting stations in the Planning Department because it's going to take time for people to be able to learn how to adjust to this new system. So, if somebody really has a difficult time, they can come into the Planning Department and the staff will be able to work with them at the stations in the front that will be able to do the intake. Additionally, they could submit, I mean, I'm sure there's going to be an adjustment where people will submit hard copies, what we'll end up having to do is scan them, and then just put them into the system until we can get everything resolved. Additionally, they could give us a thumb drive, flash drive that we can just load onto our computer and then go into the system that way. But again, the whole goal of this is to be able to move away from all the amounts of paper that we deal with on a daily basis. There are some applications that they're required to submit original and 20 copies and they can be hundreds, and hundreds of pages, and that gets overwhelming. And so, this way, they would just be able to submit an electronic copy and we can send it out accordingly. The other question that Cory had was what, "Please specify the meaning of similar matters under section 7," I believe, 7b. That was wording that we had received from the Department of Finance, and basically what we were trying to do, right now there's a requirement that an applicant has to submit certificate from Real Property Tax Records, a clearance certificate that says they're all up to date on paying their taxes and stuff. Moving forward we're taking out that requirement. We're going to look at Real Property Tax records and just confirm or not confirm that they've paid their taxes. So that will take one step out of it. But there may be some situations where the taxes are not up to date based on a bankruptcy filing, or other similar matters. In talking to the Department of Finance, and asking them what does that mean, they say there are other litigation matters that come up other than bankruptcy that may put a stay on the requirement for them to pay real property taxes. It doesn't happen often, but it does happen. So, if they can get an authorization from Department of Finance then we can proceed with their application on that matter. Hopefully everything's pretty spelled out—pretty clearly spelled out to everybody, but I'm here if you have any questions regarding any of the proposed changes. VITOUSEK: Thank you. Commissioners, are there any questions for the Deputy Director? Commissioner Carr Smith? CARR SMITH: Yeah just, was there anything added to this regarding the FA? DARROW: Nope. CARR SMITH: Okay. DARROW: It was, actually it was fixing it. CARR SMITH: It was done before. 3 EXHIBIT F DARROW: Right. It was a mistake that we made in a previous bill. We're just correcting it. Thank you. CARR SMITH: Just wanted to make sure. Thank you. VITOUSEK: Okay, any other questions? If not, we'll call for a motion. Commissioner Carr Smith. CARR SMITH: I move that we approve the Planning Director's proposed ordinance amending Chapter 23, the Subdivision Code, and Chapter 25, the Zoning Code of Hawaii County Code 1983, and send a favorable recommendation to the Hawaii County Council based on the following reasons. [Pauses and laughs] VITOUSEK: As stated by—there you go. Okay DARROW: If we could also include in the motion that last portion of the agenda item that says in making clerical revisions to the permitted uses in the Family Agricultural zoning district. That was the addition that we added today. VITOUSEK: Will that be included? CARR SMITH: Yes. DARROW: Thank you. VITOUSEK: Okay, thank you. Is there a second? Second by Vice Chair Newberg. Is this a roll call or a show of hands? DARROW: I think show of hands is [inaudible]. VITOUSEK: Okay, well, okey doke. It's, yep, alright, all those in favor? [All members except Mr. Van Pernis raised their hands.] Aye. Any opposed? [None.] No opposed. CARR SMITH: I didn't see Mr. Van Perris' vote. VITOUSEK: Commissioner Van Perris, did you vote on the matter? Or do you abstain? VAN PERNIS: I'll abstain. VITOUSEK: Okay, Commissioner Van Perris is abstaining from the vote. It carries five to nothing. 4 EXHIBIT F DARROW: Thank you. VITOUSEK: Okay. The hearing ended at 2:18 p.m. Respectfully submitted, Kim Tanaka Secretary to Boards and Commissions 5 EXHIBIT F