HomeMy WebLinkAbout2024-05-19 Bill 127 Janet Matlock From: ianet Matlock
To: LPCtestimonv
Subject: Support Bill 127,PL-CCI-2024-000006
Date: Sunday,May 19,2024 4:16:34 PM
Aloha Leeward Planning Commissioners,
Mahalo for this opportunity to encourage you to approve Bill 127.
Bill 127 adds one sentence to Chapter 25, article 2, division 4, section 25-2-44, subsection (a)of the
Hawaii County Code 1983 (2016 edition, as amended), which addresses change of zone conditions.
This sentence reads: "With any ordinance for a change of zone that includes such conditions, the director
shall specify the time by which all the conditions shall be completed."
Seems pretty simple and straightforward.
However, in response to this one sentence, the Planning Director has submitted an eight page response
in opposition to Bill 127. Eight pages.
This opposing document ("PD BACKGROUND AND RECOMMENDATION REPROT.pdf'-a title in need
of proofreading) acknowledges that timed conditions were frequently included "since the 1980's,"then
"over the years" a development condition was included (typically 5 years),which was frequently 10 years
as the Director had the authority to extend, dependent on the original timeline.
This response (along with the new practice of no longer including timelines at the discretion of the
director) appears to be continued opposition to, and a workaround of, Bill 194/Ordinance 23-28 that
addressed the routine extension of rezone timelines by the Planning Director.
Indeed, this document states "...the Planning Director recommends that the Planning Commissions send
an unfavorable recommendation of Bill No.194 to the County Council." Poor proofing of a copy/paste?
Freudian slip?
The document concludes that there is no need for"arbitrary timing conditions," and that developers
should be able to proceed "as favorable conditions allow," evidently with no regard to whatever has
happened over the ensuing years or decades.
The public's frustration—to extended delays, land banking, lack of consideration for changes over time
in project reapprovals and multiple extensions—has been consistent and clear. The solution is simple:
put in a reasonable time for conditions to be completed.
If a zoning change for a project is approved, then build it-and build it in the time frame approved. When
there are extenuating circumstances,the mechanism is there for the County Council (not one hired
individual)to consider them.
Please forward a favorable recommendation back to the Council on their one sentence: "With any
ordinance for a change of zone that includes such conditions,the director shall specify the time by which
all the conditions shall be completed."
Mahalo for your time and service,
janet Matlock
Kailua Kona