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HomeMy WebLinkAbout2010-08-12 TPD USE-PROCESSING TIME WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT AUGUST 12, 2010 PLANNING DIRECTOR INITIATED AMENDMENT A regularly advertised hearing on the TO CHAPTER 25, PROCESSING TIME FOR USE PERMIT APPLICATION, was called to order at 10:28 a.m. in the County of Hawai‘i Councilroom, County Building, 25 Aupuni Street, Hilo, Hawai‘i, with Chairman Rell Woodward presiding. COMMISSIONERS PRESENT: Rell Woodward, Dean Au, Takashi Domingo, Andrew Iwashita, and Zendo Kern. STAFF PRESENT: Brandon Gonzalez (Deputy Corporation Counsel), BJ Leithead Todd (Planning Director), Daryn Arai (Planning Program Manager), Phyllis Fujimoto (Staff Planner), Jeff Darrow (Staff Planner) and Maija Cottle (Staff Planner). ABSENT AND EXCUSED: Wallace Ishibashi. And 10 people from the public in attendance. INITIATOR: PLANNING DIRECTOR Amendment to Chapter 25 (Zoning Code), Hawai‘i County Code 1983 (2005 Edition, as amended) relating to Processing Time for a Use Permit Application. WOODWARD: The next item is a similar housekeeping item. Again, an amendment to Chapter 25 relating to the processing time for use permit application. Daryn. ARAI: Thank you, Mr. Chairman. The purpose of this proposed amendment is simply to provide the Department with basically one additional month of processing time in order to contact the various agencies and community organizations and incorporate their comments and recommendations into the recommendations that we would then therefore make to the Planning Commission. The current 60-day processing period is just simply too short. Some use permits have become very complex requiring multiple discussions with affected agencies or applicants. So we simply feel that the 90-day processing time period would be consistent with that of, say, a special permit application and would provide us the opportunity to provide the Commission with a most informed recommendation. WOODWARD: All right. Any questions? LEITHEAD TODD: Mr. Chair? WOODWARD: Yes, Madam Director. 1 EXHIBITB LEITHEAD TODD: I just wanted to add, I wanted to add that one of the reasons that this has become more of a problem is since the creation of two separate planning commissions, because each planning commission only meets once a month. Prior to the creation of two commissions, you had two hearing dates within a month with the same commission where you could schedule a hearing. But now it has become much more difficult because you just have that one meeting a month that each commission meets. So if you’re scheduling a hearing, you’ve just got one opportunity. And so it has made it very difficult for us to meet these timelines. WOODWARD: Okay, thank you. KERN: Mr. Chairman? Mr. Chair? WOODWARD: Yes. KERN: I’ve got one question. WOODWARD: Yes, Commissioner Kern. KERN: Pretty self-explanatory, I think. But in the event it’s a simple application and it comes through, it can be processed more expeditiously and come on to an agenda faster if it’s simpler, right? ARAI: Our general rule of thumb is that if an application is ready we don’t simply wait out the entire processing time period. If it’s ready to go and there’s an opportunity to place it on the agenda, we will do so. KERN: Thank you. I just wanted on record. Cool. WOODWARD: All right. Well, we do have one person who signed in late to testify on this issue, Claudia Rohr. Okay, if I could swear you in. Do you swear or affirm to tell the truth today before the Windward Planning Commission? ROHR: I do. I do. WOODWARD: Okay. And if you’ll give us your name and address and you may begin. ROHR: Claudia Rohr, 369 Nene Street, Hilo, Hawai‘i. I’m hard of hearing. I have a disability under the ADA. Could you repeat how long you’re extending the time period to, what it is now and what you’re extending it to? ARAI: The current code and rule requires a 60-day processing time period. The proposed amendment is to increase that processing time period to 90 days. So basically a 30-day increase in processing time period. ROHR: The reason why I am late on the next agenda item has to do with time periods. And I think 90 days really is required. I track the process on most of the hearings that I go to, the 2 EXHIBITB notice to the various agencies. And I actually called them up and I sent in a “for your request.” And they said, well, we didn’t provide comments. And then they looked at it and they finally provided comments. And it really does take 90 days, which is three months from the time that they think they have a completed application. And without those comments the whole picture is not on the table to see if really the application is complete. So I support this change and wish that all the time requirements would be 90 days, including the one to amend an SMA Permit, which is only 45 days. Thank you. WOODWARD: All right, thank you. Any questions? Okay now you may be seated. Thank you. All right, do we have a motion? Commissioner Kern? KERN: Yes, thank you, Mr. Chairman. Regarding amendment to Chapter 25, Zoning Code, relating to the processing time for a use permit application, changing it from currently 60 days to 90 days, I move that we send a favorable recommendation to Council. AU: Second. WOODWARD: Okay, it has been moved and seconded. Do we have any discussion? Commissioner Kern? KERN: Sure. Yeah, I think this is a, in short, this is a good thing. It will give everybody more time to get the job done in the most concise manner possible. And I’m sure it has been very taxing having the change of one commission meeting a month and trying to get everything done, so I fully support it. Thanks. WOODWARD: All right, thank you. Okay, Daryn, let’s take a vote. ARAI: Okay, Commissioner Kern? KERN: Aye. ARAI: Commissioner Au? AU: Yes. ARAI: Commissioner Domingo? DOMINGO: Aye. ARAI: Commissioner Ono? ONO: Aye. ARAI: And Chairman Woodward? WOODWARD: Aye. 3 EXHIBITB ARAI: Mr. Chairman, you have five aye votes. WOODWARD: Okay. The discussion ended at 10:33 a.m. Respectfully submitted, Sharon M.Nomura, Secretary Windward PlanningCommission 4 EXHIBITB