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HomeMy WebLinkAbout2021-06-03 Windward Exh D Planning Director Initiated WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT JUNE 3, 2021 A regularly advertised hearing on the PLANNING DIRECTOR INITIATED AMENDMENT TO CHAPTER 23 AND CHAPTER 25 OF THE HAWAII COUNTY CODE, RELATING TO PROCESSING OF SUBDIVISION AND ZONING APPLICATIONS IN PREPARATION FOR ENERGOV LAUNCH AND CLERICAL REVISIONS TO PERMITED USES IN THE FAMILY AGRICULTURAL ZONING DISTRICT was called to order at 11:22 a.m. via live- stream online meeting, with Chairman John Replogle presiding. COMMISSIONERS IN ATTENDANCE: Dean Au, Gilbert Aguinaldo, Joseph Clarkson, Michelle Galimba, Dennis Lin, and John Replogle. ABSENT AND EXCUSED: Thomas Raffipiy. ALSO IN ATTENDANCE: Malia Hall, Esq. (Counsel for the Commission), Zendo Kern, (Planning Director), Jeffrey Darrow (Deputy Planning Director), Jean Campbell, Esq. (Counsel for the Planning Director), Maija Jackson (Temporary Assignment Program Manager), and Melissa Dacayanan-Salvador (Windward Planning Commission Secretary). INITIATOR: PLANNING DIRECTOR An ordinance amending Chapter 23, Article 4, Article 5, and Article 6 and Chapter 25, Article 2, Article 5, and Article 6 of the Hawaii County Code 1983 (2016 Edition, As Amended), relating to processing of subdivision and zoning applications in preparation for Energov launch and making clerical revisions to permitted uses in the Family Agricultural zoning district. Secretary's Note: "—" indicates that there were technical and/or internet difficulties, which made the conversation inaudible. REPLOGLE: We're moving on to agenda item number four(4) and the initiator is the Planning Director. An ordinance amending Chapter twenty-three (23), Article 4, Article five (5), and Article six (6) and Chapter twenty-five (25), Article two (2), Article 5 and Article 6 of the Hawaii County Code nineteen eighty-three (1983)two thousand sixteen (2016 Edition, as Amended), relating to processing of subdivision and zoning applications in preparation for Energov launch and making clerical revisions to permitted uses in the Family Agricultural zoning district. And staff, there will be a presentation by Maija Jackson. JACKSON: Thank you Chair Replogle. So, this is just a change, it's a request to amend our Subdivision and Zoning Code in order to kind of get ready for the launch of Energov. The go live date for Energov is July twenty-sixth (26h) and currently our Code has some language in it that is asking for like twenty (20) copies of applications. But when we launch Energov the applicants will be able to apply online and so obviously there will no longer be a need for 20 applications, it'll all be done through the Energov portal. 1 EXHIBIT D So, this is just kind of a housekeeping measure asking for changes to the Zoning and Subdivision Code to address the Energov launch. There is also a second component of our request and that's you'll recall I think it was last year sometime we sent through a medical clinic bill to amend the zoning code. To make some changes to where medical clinics are permitted, which zoning districts they're permitted in, and during that change there was a typographical error. It was actually a word error where we were using, I suppose an old copy of a word document and trying to revise the code off of that and so it was just one word error that we are asking for a correction on at this time related to the Family Agricultural zoning district. Those changes that we're requesting are shown in the draft bill and you can see it on page, you can see the changes on pages 2 through 4 of your goldenrod background and recommendation report. And I'd be happy to answer any questions that the Commission has related to those. Oh, I would also like to add that we received one (1) email testimony from Cory Harden and in that email she had some concerns. She wanted to find out what circumstances or what the meaning of`similar matters' is related to our Real Property Tax payment and we got clarification from the Director of Finance that there are times when a landowner has filed for bankruptcy or they have some other Court Order that provides them relief from paying property taxes and in those situations we can still accept a Planning Department application for processing. LIN: Maija,just to clarify that one clerical change is that the to Section eight(8), Chapter 25 the crossout `within' to `outside' of the State Land Use? JACKSON: Yes, exactly. LIN: Okay, thank you. JACKSON: You're welcome. CLARKSON: Maija? JACKSON: Yes. CLARKSON: I'd like you to expand please on this business of somebody who's in bankruptcy applying for a rezone or other permit. I don't know, I like the original language. I think it is clear that somebody that hasn't paid their taxes or is in bankruptcy is probably not well, let me ask you this. What circumstances would there be when they would be able to reassure the County that they were financially able to undertake a new development when they were not able to keep up with their past financial obligations. JACKSON: Usually when an applicant ends up in bankruptcy court it's because they're trying to restructure their finances or get additional financing so that they can move forward with their proposed development and so often times what the court will do is they'll come up with a bankruptcy plan and allow them to delay paying their taxes until some agreed upon date and that's all part of the court order that the court issues. So, the County has to comply with the court order which means that sometimes we may be compelled to process a Planning Department application without having those property taxes paid prior to beginning the application process. 2 EXHIBIT D CLARKSON: I mean have we ever had a case where a commissioner, a bankruptcy Commissioner acting for the court has applied for a rezone or permit to maximize value of the bankrupt estate for the creditors? JACKSON: Yes, we have. CLARKSON: Okay. JACKSON: We currently have a situation now. Yes, it can happen. CLARKSON: Okay, that's all I have. JACKSON: Any other questions? DARROW: Maija, I'd like to, Chair Replogle just a comment. This is if I may. This is the first of several amendments that are coming your way. This first one is the Code amendments. Shortly after this we will going to be having the Planning Department Rule amendments, the Board of Appeals Rule amendments as well as the Planning Commission Rule amendments. All trying to prepare for the Energov launch which is scheduled for July 26th. So, our July Leeward meeting tentatively is being set up as a Joint Planning Commission hearing where we'll address those changes to the rules. So, we're just focused on trying to prepare for this launch and hold on to our hats. Thank you. AU: Question for Jeff— REPLOGLE: Thank you. Yes, Mr. Au? AU: —So, Jeff you mentioned in July. Just for schedule purposes, do you have a date because we're usually the Windward is on a Thursday right. I don't know when the Leeward is but, is there a date set so we can look at our schedules? DARROW: There is. Maija what's the date in July for, it's the third Thursday normally. JACKSON: I believe it's July fifteenth (15�'). REPLOGLE: And does this, we will still have our regular Commission meeting on July whatever, the first Thursday? JACKSON: Yes, July first(1") REPLOGLE: Okay. DARROW: We just had to plan for a Joint hearing prior to the launch and so the most appropriate time could either have been the July I"Windward Planning Commission meeting but we just, we're not ready to launch the rules yet, we're still in preparation. We have to have 3 EXHIBIT D them completed at least one month in advance to be able to give an opportunity for the Commission's and the public to chime in on those changes. So, at this point because we have the Leeward Planning Commission scheduled it seemed most appropriate to just try to get the Joint Commission at the same time and again it'll be on Zoom so it's not like before where everybody's got to drive to a particular location. So, should be hopefully a little easier to get there. REPLOGLE: Okay. Thank you. Yes, Mr. Clarkson? CLARKSON: So, I got a couple of questions. So, we can expect draft copies of all of these documents before the 15'h of June then? DARROW: It would just be the Planning Commission rules. CLARKSON: Oh. DARROW: That you folks will be looking at, but yes. CLARKSON: Okay and I would like to express a little bit of concern that you know we're going to make County ordinances based on the assumption that the internet will always be perfectly functional. Are there any contingency plans for how people might apply for some of these permits if the internet is down? DARROW: If it's okay Zendo's been actively the lead on Energov. It might be most appropriate for him to respond to that. KERN: Yeah, Chair Clarkson so, with anything there's. This is the second time it has happened today right; we're still feeling you as Chair there so apologize. Commissioner Clarkson to appropriately address you, no offense Chair Replogle. REPLOGLE: He can be Chair. KERN: So, I'm simultaneously in a Council budget hearing as well and have to jump on here in just a second but with taking on Energov and going digital there's going to be some positive, a lot of positives and a couple challenges. So, we're really going for a digital acceptance which will mean people won't have to go make 20 copies, spend potentially hundreds of dollars in some cases to submit those applications. They also could do it from their home and their home computer. That being said if we are experiencing a technical difficulty or we're down, the applicant would probably have to wait to make that submittal very much similar to other online platforms that we work with. Energov is a cloud-based SAS software as a service platform. So, it operates in the cloud so as long as we have internet service, or the applicant has internet service we are fine. So, if the County were to shut down for a moment it doesn't necessarily affect that. It would affect our kiosk at the front, it might affect some of our staff being able to access some of that data for that 4 EXHIBIT D period of time. However, the person submitting the application from home would still be able to do that. If that makes sense. CLARKSON: Yeah, it makes sense I'm just wondering whether you couldn't generalize these changes to be something that allows for the Director to specify how an application will be made regardless of the technology that's being used to make it. So, that if— KERN: Hold on one second. Chair, excuse Mr. Clarkson maybe time out, I got to answer a question on Council. Sorry. CLARKSON: Okay. DARROW: I can respond to that Commissioner Clarkson. In the code change you'll notice on the first change on page 1, you'll see the phrase `in a format prescribed by the Director". So that is exactly what we are trying to do is to give us that flexibility not knowing exactly this process that awaits us. We're just, we kind of kept it general in that sense that it wasn't explicit in the rule change but gave us that flexibility that if things need to change and the Director prescribes that format and that's accepted by code. CLARKSON: Yeah, I see that, and I like that but, my suggestion would just be changing, you guys changed the numerical number of copies like 6 copies to a copy and 5 copies to a copy. I would just like to suggest that the subdivider or whoever shall submit a copy or copies in a manner prescribed in a format prescribed by the Director and that's all then that would mean that the Director could say if it's over the internet fine, if it's not over the internet give me this. The Director would be able to tell an applicant how many copies the Planning Department wants. DARROW: Yeah. CLARKSON: Other than — DARROW: Yeah, again I think one of the main features of this new program is that there will not be the requirement of any copies. You just submit the original or your copy. Whether it's on the internet or whether you come in with a flash drive and they upload it or they're not sure what to do they'll come into the Planning Department. We'll have several kiosks that will assist them to be able to intake that application through the system. What the goal is, is to get rid of intaking anything physically with paper. That is the goal KERN: I apologize. CLARKSON: No, that's my concern Mr. Darrow that somebody that doesn't have a computer, somebody that is not computer literate, somebody that wants to fill out a paper application will now no longer be able to do so. DARROW: The applications will be online, they'll fill them in and then they can upload it and again with the understanding that there are a number of people that don't, that are not computer 5 EXHIBIT D literate what they can do is come into the department and we will be able to assist them with the kiosks in the front. KERN: And I'm back as well now so, we are going to have kiosks in both Hilo and Kona office and our staff will be trained to assist people with uploading any documents that they may need. AU: Mr. Chair. REPLOGLE: Mr. Au? CLARKSON: Okay. AU: So, I have a comment to Commissioner Clarkson's concern. I agree with Mr. Clarkson, but I do understand that we are trying to get out of the twenty first(21") century. But we're just trying to become computer savvy and it is a challenge for people like me and Mr. Clarkson but, I understand where he is coming from, but I'm prepared to make a motion, a favorable motion. So, thank you. REPLOGLE: Okay, anything else. CLARKSON; I'm prepared to vote for a motion too, I just want reassurance from the Planning Department that for people who don't have the capability making applications online that they will be able to do, make an application either at the Department or via mail. KERN: So, to speak to that Commissioner Clarkson. We will be accepting applications only online, only digital, we will not have paper submittals anymore as we move forward. We will have the kiosks there, we will have the ability to show people how to do so, we will have a list of places that they can scan any documents if they need to, I'd say if anything that would probably be the biggest challenge is needing to go and scan a document. That being said, even for a simple application say like a variance, it requires an additional 5 copies so, you know most people that are submitting in an application or having to do some type of scanning and printing. So, scanning and printing similar to have it onto a flash drive or to be able to email it in, it's kind of the same type of work. But, yeah, they will be able to accept it but no longer we will be doing a paper application and we're just about to launch a public outreach campaign notifying everybody of such signs within the department, media, et cetera. CLARKSON: Just curious are all other departments going to be doing this too or is just the Planning Department? KERN: Planning Department and the Department of Public Works (DPW). Both of us. Their applications will be the same for building permits as well. So, DPW and Planning are locked step in this. We're both moving over to the Energov system, we're both linked on it, we're both working in unison on launching this program. It's been a lot of work over many years, it started about four(4)years ago, we picked it up with the new administration have been really pushing hard to get it up and running. There's a lot of really positive elements to it. One it's not only just tracking our permitting but as we move forward in the phase 2, we'll actually be able to have 6 EXHIBIT D it be more of a dynamic permitting system which would actually help for bandwidth with our team and standardize forms within there, auto population, intelligence instead of one click shoot the email out to all the agencies for response. So, there's a lot of positive attributes to this and it's going to continue to grow in that way and we'll continue to make it better and better over the next year or so. CLARKSON: No, I'm all for it, I just think it's kind of final — REPLOGLE: Scary (giggling). CLARKSON: —that you're recommending an ordinance being enacted that would absolutely prohibit the submission of a paper application. But I'm really glad about the Building Department being included so, they are no longer going to be accepting paper architectural drawings it'll all have to be CAD files. KERN: It'll all be CAD files or actual PDF files. So, they'll be submitted in a PDF file. We have a Bluebeam software which is kind of like a version of CAD and Adobe almost merged together so our reviewers and DPW reviewers of plans will be doing it this Bluebeam software and doing their markups, making their notes, we have custom stamps, so they'll be stamping them. All the same process that we currently do in the analog format we'll be doing on a digital format. So, we'll be able to have multi-agencies reviewing it at the same time. Certainly, going to be a change of behavior with going from paper-based to a digital but I believe with what we're working on the transition should be pretty darn smooth overall. CLARKSON: Okay, thank you. AU: Mr. Chair I'm ready to make a motion? REPLOGLE: Oh, okay. I'm pleased. AU: I move that a favorable recommendation be forwarded to the County Council on Planning Director's proposed amendments to Hawaii County Code, Chapter 23, and Chapter 25, based on the Planning Director's recommendation, which shall be adopted. LIN: I second. JACKSON: It looks like our Chair is frozen. Chair Replogle can hear you me? Oh, we lost our Chair. Malia, do you have a suggestion, can Commissioner Aguinaldo take over the vote? HALL: Um' he popped back up but yeah, I mean it, we have quorum I believe so right, 1, 2, 3, 4...So, — JACKSON: o, —JACKSON: Yes. HALL: —technically, yeah, we could just take a roll call but if nobody has any objections. 7 EXHIBIT D JACKSON: Okay. With that, I will take the roll, Commissioner Au? AU: Aye. JACKSON: Commissioner Lin? LIN: Aye. JACKSON: Commissioner Aguinaldo? AGUINALDO: Aye. JACKSON: And Commissioner Clarkson? CLARKSON: Aye. JACKSON: And Commissioner Galimba? GALIMBA: Aye. JACKSON: Okay, the motion passes five to zero (5-0) and our Chair is calling me right so, I have to go. I just missed him. We don't have a Chair, Malia can we take a recess, oh, there's John. REPLOGLE: I don't know what's happened it started breaking up and so, Gilbert should stand by. JACKSON: Okay. So, chair we took a vote and the motion passed — REPLOGLE: Okay. JACKSON: — 5-0. HALL: But now that you're here John, you have to vote aye or nay on the motion. REPLOGLE: Aye. HALL: Okay. REPLOGLE: Aye. JACKSON: Thank you. REPLOGLE: Okay. KERN: Thank you all for your support on that, really really appreciate it. 8 EXHIBIT D The item ended at 11:48 a.m. Respectfully submitted, Melissa Dacayanan-Salvador Secretary Windward Planning Commission 9 EXHIBIT D