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HomeMy WebLinkAboutPOWERPOINT PRESENTATION PL-CCI-2024-000006 COUNTY COUNCIL INITIATED BILL 127 RELATING TO CONDITIONS ON A CHANGE OF ZONE AMENDMENT TO CHAPTER 25 ARTICLE 2, DIVISION 4, SECTION � 25-2-44 OF THE HAWAI ` I COUNTY CODE 1983 (2016 EDITION, AS AMENDED) (PL-CCI-2024-000006) PRESENTED AT THE JUNE 6, 2024 WINDWARD PLANNING COMMISSION HEARING IN ■ HAWAI ` I COUNTY CODE SECTION 25-2-44 (CONDITIONS ON CHANGE OF ZONE AUTHORIZES THE COUNCIL TO IMPOSE CONDITIONS ON AN Lu APPLICANT' S USE OF A PROPERTY IF THE COUNCIL FEELS THEY ARELu �I NECESSARY TO PROTECT PUBLIC HEALTH, SAFETY, AND WELFARE, MITIGATE ADVERSE EFFECTS OF THE PROPOSED USE, AND/OR ADDRESS THE NEED FOR PUBLIC SERVICE DEMANDS CREATED BY THE PROPOSED USE. ■ BILL 127 SEEKS TO ADD THE FOLLOWING LANGUAGE TO THIS SECTION : • " WITHIN ANY ORDINANCE FOR A CHANGE OF ZONE THAT INCLUDES ANY SUCH CONDITIONS, THE DIRECTOR SHALL SPECIFY THE TIME BY WHICH ALL CONDITIONS SHALL BE COMPLETED. " • ■ ACCORDING TO THE BILL' S INTRODUCER, BILL 127 MANDATES THAT THE PLANNING DIRECTOR SPECIFY A TIME FRAME FOR THE COMPLETION OF ALL CONDITIONS OF APPROVAL IN EACH CHANGE OF ZONE ORDINANCE. ■ SINCE THE COUNCILS APPROVAL OF BILL 194* IN 2023, THE PLANNING COMMISSIONS AND COUNTY COUNCIL HAVE RECEIVED CHANGE OF ZONE APPLICATIONS FROM THE PLANNING DEPARTMENT WITH PROPOSED • DRAFT CONDITIONS THAT DO NOT CONTAIN A TIME FRAME IN WHICH ALL CONDITIONS MUST BE MET. BILL 127 WILL ENSURE THAT ALL CHANGE OF ZONE APPLICATIONS ARE PROCESSED FAIRLY AND SET TO A SPECIFIC TIMELINE FOR TIMELY COMPLETION . IT WILL ALSO ALLOW FOR CONFIDENCE IN LAND USE PATTERNS ACROSS HAWAI`I ISLAND. * BILL 194 AMENDED THE ZONING CODE TO PROHIBIT THE PLANNING DIRECTOR FROM INCLUDING ADMINISTRATIVE TIME EXTENSION CONDITIONS TO CHANGE OF ZONE RECOMMENDATIONS. ■ SINCE THE 1980'S, PLANNING DIRECTORS HAVE RECOMMENDED THE ADDITION OF CONDITIONS TO CHANGE OF ZONE ORDINANCES THAT INCLUDED A TIMING ELEMENT (E.G., TIME TO SECURE PLAN APPROVAL/FINAL SUBDIVISION APPROVAL, TIME TO COMMENCE AND COMPLETE PHASES OF DEVELOPMENT, TIME TO COMPLETE CONSTRUCTION, ETC.) . THESE WERE USUALLY 5-YEAR TIMEFRAMES WITH THE POSSIBILITY OF UP TO AN ADDITIONAL 5 YEARS WITH AN ADMINISTRATIVE TIME EXTENSION. ■ OVER THE LAST YEAR, THE PLANNING DIRECTOR HAS BEEN EXCLUDING TIMING CONDITIONS IF THE REZONE IS CONSISTENT WITH THE GP AND CDP FOR THAT AREA. INSTEAD, HE HAS BEEN RECOMMENDING PERFORMANCE CONDITIONS WHICH REQUIRE AN APPLICANT TO COMPLETE CERTAIN TASKS TO ENSURE ADEQUATE INFRASTRUCTURE AND MITIGATE IMPACTS CAUSED BY A PROPOSED USE PRIOR TO ISSUING FINAL SUBDIVISION APPROVAL/FINAL PLAN APPROVAL/CERTIFICATE OF OCCUPANCY, ETC. ■ THESE PERFORMANCE CONDITIONS REQUIRE AN APPLICANT TO MEET ALL OTHER CODE REQUIREMENTS BEFORE FINAL APPROVALS, WHILE PROVIDING FLEXIBILITY TO DEVELOP A PROJECT WHEN FAVORABLE CONDITIONS ALLOW, RATHER THAN WITHIN A SPECIFIC TIMEFRAME. ■ THIS PRACTICE IS SIMILAR WITH SOME OTHER MUNICIPALITIES WHO CONSIDER HOW THE REZONE REQUEST COMPLEMENTS THE OVERALL LAND USE PATTERN, CONSISTENCY WITH LONG-RANGE PLANS, AND AVAILABILITY OF INFRASTRUCTURE. ■ THE PLANNING DIRECTOR BELIEVES THAT IF THE PROPOSED ZONING CHANGE MEETS THE PRECEDING REQUIREMENTS (INCLUDING THE PROVISION OF ADEQUATE PERFORMANCE CONDITIONS) AND WOULD RESULT IN AN APPROPRIATE LAND USE PATTERN THAT WOULD FURTHER BENEFIT THE GENERAL PUBLIC, THEN THERE IS NO NEED FOR TIMED CONDITIONS. ■ THIS APPROACH CAN HELP ALLEVIATE UNANTICIPATED IMPEDIMENTS TO DEVELOPMENT OF A PROJECT (E.G., ECONOMIC DOWNTURN, NATURAL DISASTERS, EXTENDED AGENCY REVIEW PERIODS, ETC. ■ FINALLY, THE PLANNING DIRECTOR BELIEVES THAT THIS APPROACH SATISFIES THE ZONING CODE REQUIREMENTS FOR ADDING CONDITIONS OF APPROVAL FOR A .� CHANGE OF ZONE OUTLINED IN HCC SECTION 25-2-44. Z DIRECTOR'S RECOMMENDATION 0 Q 0 THE PLANNING DIRECTOR RECOMMENDS THAT uj THE PLANNING COMMISSION SEND AN � UNFAVORABLE RECOMMENDATION OF BILL O 127 TO THE COUNTY COUNCIL AS CURRENTLY WRITTEN . w V) ry ry U w ■ DESPITE THE UNFAVORABLE RECOMMENDATION, THE PLANNING DIRECTOR IS INTERESTED IN WORKING WITH THE COUNTY COUNCIL TO ADDRESS THEIR CONCERNS AND STRENGTHEN/CLARIFY PERFORMANCE CONDITIONS, INCLUDING CONDITIONS ENSURING WATER AVAILABILITY, WASTEWATER PROVISION, AND TRAFFIC MITIGATION THROUGH ROADWAY DESIGN AND IMPROVEMENTS. ■ SHOULD THE COUNCIL WISH TO REQUIRE TIMED CONDITIONS, THE PLANNING DIRECTOR WOULD LIKE TO RE-EVALUATE THE IDEA OF TOLLING CONDITION TIMEFRAME WHILE SUBSEQUENT DEVELOPMENT STEPS ARE UNDER GOVERNMENT REVIEW (E.G., SHPD ARCHAEOLOGICAL REVIEW & APPROVAL, ETC. ■ THE PLANNING DIRECTOR CAN WORK WITH STATE & COUNTY AGENCIES & INDUSTRY PROFESSIONALS TO CRAFT A GENERAL DEVELOPMENT TIMEFRAME MATRIX THAT ANTICIPATES HOW LONG EACH STEP OF THE DEVELOPMENT PROCESS SHOULD TAKE. THIS WILL HELP INFORM APPLICANTS ON HOW TO BEST CRAFT THEIR ANTICIPATED DEVELOPMENT TIMELINE AND ` RIGHT-SIZE' THEIR APPLICATION REQUEST FOR PROPOSED PROJECTS. THIS COULD ALSO BE AN INFORMATIVE TOOL TO HELP THE PUBLIC UNDERSTAND DEVELOPMENT PROCESS STEPS AND ANTICIPATED TIMEFRAMES. ■ BILL 127 AS CURRENTLY WRITTEN REQUIRES TIMED CONDITIONS IN ALL SITUATIONS, HOWEVER, FOR THE FOLLOWING CASES TIMED CONDITIONS ARE NOT APPROPRIATE: ■ A REZONE WHERE DEVELOPMENT OF THE PROPERTY IS NOT THE INTENT (E.G., REZONING A PROPERTY TO OPEN FOR OPEN SPACE, SCENIC, HISTORIC, CULTURAL RESOURCE PROTECTION, RECREATIONAL USE, ETC. ■ WHERE A PROPERTY HAS SPLIT ZONING AND AN APPLICANT IS SEEKING TO ALIGN ONE PORTION OF THE PROPERTY WITH THE ZONING OF THE REMAINDER OF THE PROPERTY. SHOULD THE PLANNING DIRECTOR BE COMPELLED TO ADD A TIMED CONDITION TO THE ZONING ORDINANCE, IT WOULD ONLY APPLY TO A PORTION OF THE PROPERTY AND NOT THE ENTIRE PROPERTY. ■ WHEN THE PLANNING DIRECTOR OR COUNCIL INITIATE A ZONING REVERSION TO THE ORIGINAL ZONING DESIGNATION, THE PLANNING DIRECTOR USUALLY RECOMMENDS REMOVAL OF ALL CONDITIONS, SO A TIMED CONDITION WOULD NOT BE APPROPRIATE. ■ THE COUNCIL SHOULD CONSIDER A PROVISION IN BILL 127 TO EXEMPT THE TIMED CONDITION REQUIREMENT IN THESE AND SIMILAR SITUATIONS. ■ THE PLANNING COMMISSIONS ARE REQUIRED TO TAKE ACTION ON BILL 127 BY TRANSMITTING THEIR RECOMMENDATIONS TO THE COUNCIL BY JUNE 19, 2024. ■ THE COMMISSION MAY RECOMMEND APPROVAL OF ALL, SOME, OR NONE OF THE DIRECTOR ' S SUGGESTIONS. THE COMMISSION MAY ALSO c) n RECOMMEND THEIR OWN REVISIONS TO THE BILL. Lu c) ■ THE WINDWARD AND LEEWARD PLANNING COMMISSION ' S X RECOMMENDATIONS WILL BE FORWARDED SEPARATELY, BUT AT THE SAME Lu z TIME, TO THE COUNTY COUNCIL FOR THEIR CONSIDERATION AND DECISION . ■ IN THE EVENT THE COMMISSION FAILS TO ACT ON THE PROPOSED BILL BY THIS DATE, SUCH INACTION SHALL BE CONSIDERED AS AN UNFAVORABLE RECOMMENDATION BY THE COMMISSION .