HomeMy WebLinkAboutPD BACKGROUND AND RECOMMENDATION REPORT BR-CCInitiated-Bill127-Timed Conditions for Rezones4.22.24
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND AND RECOMMENDATION
COUNTY COUNCIL INITIATED BILL NO. 134,DRAFT 2
(PL-CCI-2024-000007)
AMENDMENT TO CHAPTER 25,ARTICLE 2, SECTION 25-2-42, OF THE
HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
RELATED TO AMENDMENTS INITIATED BY PROPERTY OWNERS AND
OTHER PERSONS
The County Council has referred a bill to amend Chapter 25 (Zoning), Article 2, Section
25-2-42 of the Hawaii County Code 1983 (2016 Edition, as Amended), relating to
amendments initiated by Property Owners and Other Persons.
PURPOSE OF BILL 134
1. The Hawaii County Council has introduced Bill No. 134 (Planning Department
Exhibit 1), which seeks to amend Chapter 25 (Zoning), Article 2, Section 25-2-42
of the Hawaii County Code 1983 (2016 Edition, as Amended) (hereinafter HCC).
This bill addresses amendments initiated by property owners and other individuals
by adding language to HCC Section 25-2-42, Subsection (c), which specifies
conditions for the Planning Director to complete recommendations for change of
zone applications:
(c) "In considering an amendment initiated by a property owner or other person
which proposes to change the district classification of any property, the director
shall consider the purposes of the existing and proposed district and the purposes
of this chapter and shall recommend a change in a district boundary only where it
would result in a more appropriate land use pattern that will further the public
necessity and convenience and the general welfare, and be consistent with the
goals,policies and standards of the genual plan.
(1) The director shall recommend either the approval or denial of the
proposed amendment to the commission subject to conditions which would
further the intent of this chapter and the genual plan and other related
ordinances.
(2) The director shall make the recommendation within one hundred
twenty days after an application has been accepted by the director.
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(3) If the director fails to make a recommendation on the proposed
amendment within the one-hundred-twenty-day period, the application
shall be forwarded to the commission without any recommendation from
the director, and the director's failure to act shall be considered a
favorable recommendation on the application.
"(4) The director shall prepare a report identi ing all buildings,
excluding existing buildings, that are legally permitted to be constructed
on surrounding properties of which any portion is within one-quarter mile
of the perimeter boundary oL the subject property. The director shall
o v o^ e
transmit the report to the commission and the council prior to them
respective consideration of the change of zone sought by the application. "
According to the bill's introducer's, Bill 134 mandates that the Planning
Director transmit a report as part of their recommendation to the Windward and
Leeward Planning Commissions, which would then be forwarded to the County
Council for all change of zone applications initiated by property owners or other
persons. The report should identify all buildings, excluding existing buildings,
that are legally permitted to be constructed on all surrounding properties within a
one-quarter mile radius of the property subject to the change of zone application.
AGENCIES COMMENTS PROVIDED
2. State Department of Transportation (Planning Department Exhibit 2 — May 16,
2024, Memo)
AGENCIES—NO COMMENTS/CONCERNS
3. State Office of Planning and Sustainable Development
AGENCIES- NO RESPONSE PROVIDED
4. Department of Public Works-Engineering Division, Department of Public Works-
Traffic Division, Department of Public Works-Building Division, Department of
Water Supply, Department of Environmental Management, Department of Parks
and Recreation, Police Department, Fire Department, Office of Housing and
Community Development, State Department of Health and State Land Use
Commission.
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PUBLIC COMMENTS PROVIDED
5. None as of the date of this writing.
PLANNING ANALYSIS OF THE IMPACTS OF BILL 134
The intent of the Zoning Code is to ensure appropriate land patterns, maintain
order, prevent conflicts, and promote harmony by regulating the density and intensity of
land use. However, experience has shown that even the best zoning ordinances can
become outdated. Over time, land uses that do not conform to typical patterns, zoning
regulations, or designated purposes for an area may emerge. This leads landowners to
request zoning changes from the Planning Department.
For each application initiated by a landowner or other person with an interest in
the property, the Planning Department creates a background and recommendation report
that provides a comprehensive analysis of each change of zone request, including a
summary of the request, site analysis, policy and plan compliance, impact assessments,
agency and community input, historical context, regulatory considerations, alternatives,
recommendations, and supporting data and documentation. By preparing these reports,
the Planning Department ensures that decision-makers have all the necessary information
to make informed and balanced decisions that uphold planning principles and serve the
best interests of the community.
Bill 134, in its current form, would necessitate the Planning Director to compile
an additional report to assess the potential construction of new buildings within a quarter-
mile radius of any proposed change of zone. This report will entail identifying and
describing all neighboring properties within the specified radius, including their existing
zoning classifications. Additionally, it would entail providing a comprehensive inventory
of permissible building types under the current zoning regulations for each surrounding
property, accompanied by detailed descriptions encompassing use types, densities, and
other pertinent zoning standards. While generating such a report might be relatively
straightforward for Residential zoning districts, it presents significant challenges for more
complex districts like Commercial and Industrial zoning districts, given their extensive
list of permissible uses. For example, staff can determine that for a 40,000-square foot
parcel with RS-10 zoning, 4 lots with up to two dwelling units per lot could be created.
However, for the same 40,000-square foot lot in the CV-10 zoning district, any of the
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uses listed in the permitted uses table in HCC Section 25-5-122 can be established on the
property. The Planning Department can calculate and provide the maximum zoning
density that can be developed for a property but has no way of predicting what use or
buildings will be developed.
PLANNING DIRECTOR'S RECOMMENDATION
Since the introduction of Bill 134, the Planning Department has tried to gain an
understanding of the intent and purpose of Bill 134. The Planning Director convened with
the initiators of the bill to discuss its purpose. During the meeting, the Director conveyed
that meeting the information requirements outlined in Bill 134 would be unfeasible as
described in the example above. Based on the preceding, Bill 134, as currently written, is
too general, leading to varying interpretations and implementations.
However, in response, the Director proposed alternative approaches to furnish the
Council with as much pertinent information as feasible.
In considering alternative approaches, the Planning Director recommends that the
bill be re-written to strike a balance between the necessity for comprehensive evaluation
of surrounding properties and the practical constraints and resource limitations. Some
suggested strategies include:
1. Targeted Analysis:
Concentrate on properties within a smaller radius or those most likely to
undergo development, thereby streamlining the report's scope and complexity.
Preparing such detailed reports for such a large radius for each change of zone
application would require significant time and labor and is redundant with the
existing planning process. As an example, staff compiled a list of surrounding
properties for TMK: (3) 8-1-008:004 and (3) 2-2-035:096 that are within a
500-foot radius and focused on zoning districts that are more complex than the
Residential District. This type of analysis took staff approximately 4 hours to
complete. (Planning Department—Exhibit 3)
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2. Summary Reports:
Accurate data on all potential legally permitted buildings is not readily
available and predicting all possible legally permitted buildings involves
numerous variables and assumptions, which may reduce the reliability of the
report. Offer a summary report that emphasizes crucial zoning regulations and
potential developments, avoiding exhaustive detail on every permitted
building. For instance, staff provided examples from past background reports
to illustrate how additional details could be incorporated into the surrounding
property description section within all change of zone background reports.
This type of analysis took staff approximately I hour to complete. (Planning
Department—Exhibit 4)
3. Use Existing Tools:
Employ existing zoning maps, comprehensive plans, and GIS tools to deliver
visual and data-driven insights without the need for extensive manual
reporting. Staff routinely generate maps for presentations for each change of
zone application, and these zoning maps can offer valuable insights into
surrounding properties. (Planning Department—Exhibit 5)
4. Agency and Community Engagement:
Engage with community stakeholders, developers, and other agencies to
gather input and address concerns through collaborative planning efforts. For
example, the Department of Water Supply currently assesses water
availability for each parcel requesting a zoning district change. The County
Council may consider requesting the Department of Water Supply to furnish
water availability information or other information for the broader rezone area
(not just the subject property) to aid in planning processes. Additionally,
specific infrastructure information could be requested from other agencies
such as the Department of Environmental Management or Department of
Public Works for the broader rezone area.
-5-
Addressing the challenges of reaching a consensus on the implementation and
utilization of Bill 134 is essential in having a successful code amendment. The Planning
Director acknowledges the County Council's efforts in drafting the legislation but taking
into consideration, the lack of agreement and lack of clarity, the Planning Director
recommends that the Planning Commissions issue an unfavorable recommendation
to the County Council regarding the bill. Nonetheless, the Planning Director expresses
willingness to collaborate with the bill's initiators to address their concerns and ensure
that change of zone ordinances incorporate appropriate surrounding property evaluations
to uphold the Zoning Code's intent.
PLANNING COMMISSION ACTION
The Windward and Leeward Planning Commissions are required to take action on
Bill 144 as described in Section 25-2-43(b) of the zoning code (Planning Department
Exhibit 6). This bill was transmitted by the County Council to the Department on April
21 2024, which means the commissions are required to transmit their recommendations to
the council by July 31, 2024. The commissions may recommend approval of all, some, or
none of the Director's suggestions. The commissions may also recommend their own
revisions to the bill. The Windward and Leeward Planning Commission's
recommendations will be forwarded separately, but at the same 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 commissions.
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it'a"CH A + V T
APR 2 2024 P�12:14
Ashley L. Kierkiewicz (808)961-8265
County Council District IV s:�.°�, ash ley.kierkiewicz@hawaiicounty.gov
• 1. �
Policy Committee on Planning �. Policy Committee on Infrastructure
Land Use and Development—Chair = and Assets—Vice Chair
HAWAII COUNTY COUNCIL
Hawaii County Building
25 Aupuni Street • Hilo,Hawaii 96720
TO: Zendo Kern, Director
Planning Department
FROM: Ashley L. Kierkiewicz, Council Member
DATE: April 2, 2024
SUBJECT: Referral of Bill 134, Draft 2; an Ordinance amending Chapter 25, Articles 2,
Section 25-2-42, of the Hawai`i County Code 1983 (2016 Edition, As Amended),
related to amendments initiated by Property Owners and Other Persons.
Pursuant to Section 25-2-43(b) of the Hawai`i County Code, I am forwarding a legislative item
for your comment and recommendation.
On April 2, 2024, the Committee on Planning, Land Use, and Development voted to forward Bill
134, Draft 2 to the Planning Director and the Windward and Leeward Planning Commissions.
Upon completion of your and the Commissions review,please transmit your comments and
recommendations to Council Chairperson Heather Kimball. This will facilitate further
deliberation and action on the proposed measure by the Committee.
Thank you for your attention to this matter.
Enc.
AK/kj
Planning Dept.
Hawai`i County Is an Equal Opportunity Provider and Employer Exhib*lt 1
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COUNTY OF HAWA141 STATE OF HAWAPI
OF
BILL NO. 134
(DRAFT 2)
ORDINANCE NO,
AN ORDINANCE AMENDING CHAPTER 25,ARTICLE 2, SECTION 25-2-42 OF THE
HAWAII COUNTY CODE 1983 (2016 EDITION,AS AMENDED), RELATING TO
AMENDMENTS INITIATED BY PROPERTY OWNERS ANIS OTHER PERSONS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. Chapter 25, article 2, section 25-2-42, of the Hawaii County Code 1983 t
(2016 Edition, as amended) is amended by amending subsection(c) to read as follows: t
"(c) In considering an amendment initiated by a property owner or other person which
proposes to change the district classification of any property,the director shall
consider the purposes of the existing and proposed district and the purposes of this
chapter and shall recommend a change in a district boundary y onl where it would
result in a more appropriate land use pattern that will further the public necessity t
and convenience and the general welfare, and be consistent with the goals, policies
and standards of the general plan.
(1) The director shall recommend either the approval or denial of thero osed
p p ;{
amendment to the commission subject to conditions which would further the
intent of this chapter and the general plan and other related ordinances. s
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(2) The director shall make the recommendation within one hundred twenty days
y
after an application has been accepted by the director.
(3) If the director fails to make a recommendation on the proposed amendment
within the one-hundred-twenty-day period,the application shall be forwarded
to the commission without any recommendation from the director, and the
director's failure to act shall be considered a favorable recommendation on the
application.
(4) The director shall 'Prepare a re art identifin all buildin s excludin existing
buildin s that are le all ermitted to be constructed on surrounding
ro erties of which any portion is within one-quarter mile of the erimeter
boundary of the subject propefty. The director shall transmit the report to the
commission and the council prior to their respective consideration of the
char e of zone sought,.by theapplication."
SECTION 2. New material is underscored. In printing this ordinance,the underscoring
need not be included.
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SECTION 3. Severability. provision y. If any provls�on of this ordinance, or the application thereof �
to any person or circumstance, is held invalid,the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
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COUNCIL MEMBER, COUNTY OF HAWAI`I
COUNC E , bUNTY OF HAWAII
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Hawai`i
4
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
741,4
REFERENCE Comm.
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JOSH GREEN,M.D. EDWIN H.SNIFFEN
GOVERNOR DIRECTOR
KE KIA`AINA � s ■'°•"� ti KA LUNA HO'OKELE
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Deputy Directors
Na Hope Luna Ho'okele
DREANALEE K.KALILI
TAMMY L.LEE
ROBIN K.SHISHIDO
STATE OF HAWAII I KA MOKU`AINA`O HAWAII IN REPLY REFER TO:
DEPARTMENT OF TRANSPORTATION I KA`OIHANA ALAKAU
869 PUNCHBOWL STREET STP 00470.24
HONOLULU, HAWAII 96813-5097
STP 8.3749
May 16,2124
VIA EMAIL: planningCa)hawall county.gov
Mr. Zendo Kern
Planning Director
County of Hawaii
Planning Department
East Hawaii Office
1 l 1 Pauahi Street, Suite 3
Hilo, Hawaii 96721
Dear Mr. Kern:
Subject: County Council Initiated Bill No. 134. Draft 2 (PL-CCI-2924-911118) Amendment to
Chapter 25, Articles 2, Section 25-2-42 of the Hawaii County Code 1983 Relating to
Amendments Initiated by Property Owners and Other Persons
Thank you for your Memorandum, dated April 16, 2124, requesting the Hawaii Department of
Transportation's (HDOT) review and comments on this draft bill.
HDOT has reviewed Bill 134 and has the following comments:
Pursuant to Hawaii Revised Statutes § 266-2(b),HDOT-Harbors are exempt from county approval for
any improvement, such as buildings and other projects including tenant projects that help fulfill HDOT-
Harbors' government function. Therefore, HDOT-Harbors are seeking clarification on whether the
proposed report will exclude such buildings when the commission and/or council considers the
applicant's proposal to change a district classification.
Please submit any subsequent land use entitlement-related requests for review or correspondence to the
HDOT Land Use Intake email address at DOT.LandUse�c�)hawaii.gov.
If there are any questions, please contact Mr. Blayne Nikaido, Planner, Land Use Section of the HDOT
Statewide Transportation Planning Office at(868) 831-7979 or via email at
blayne.h.nikaidoCa)hawaii.gov.
Sincerely,
EDWIN H. SNIFFEN
Director of Transportation Planning
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Summary Report for Surrounding Zoning/Land Uses for TMK: (3) 8-1-008:004 (PL-REZ-
2022-019)
Lands to the north are zoned A-1 a and RS-10. Lands to the northeast are zoned RS-15. Lands to
the east are zoned A-1 a and CV 10. Lands across the Hawaii Belt Road Highway intersection
with Ali`i Drive extension and Napo`opo`o Road and to the the wesr are zoned A-5a and lands to
the sourth are zoned CV 10. Surrounding land uses include a mixture of small farms, residential
subdivisions, and commercial uses[..], which include commercial structures with parking lots and
two service stations. Most of the zoning within a 500 foot radius of the subject property has been
in place since the enactment of the zoning code. There has only been a total of three (3) zoning
ordinances that have occurred within the 500 foot radius of the subject property with two of them
being constructed and completed while one (1) is active and being constructed.
Planning Dept.
Exhibit O-ffrWqr%-I-4
Summary Report for Surrounding Zoning/Land Uses for TMK: (3) 2-2-035:096 (PL-REZ-
2021-247)
The property is surrounded by a mix of commercial, industrial and residential uses. The property
is bordered to the north and west by residential properties zoned RS-10. The area fronting
KeUanao`a Street is a mix of residential, commercial, and limited industrial. There is a gas
station immediately adjacent and east of the subject site on land zoned ML-20. There are other
types of commercial and industrial uses within the vicinity of the subject site[-.], most of which
have been created through various change of zone ordinances. Of the total industrial and
commercial ordinances within a 500 foot radius of the subject property, 11 ordinances have been
developed and constructed, four(4) are considered stale ordinances and one (1) is active. Most of
the zoning in the area is primarily residential and the industrial and commercial uses are located
within the main highwgy.
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ZONING § 25-2-43
Section 25-2-43. Amendments initiated by the council and director.
(a) Any amendment initiated by the director shall be reviewed by the commission.
(1) The amendment shall be submitted to the commission with the director's
justification and recommendation on the amendment.
(2) Upon receipt of a proposed amendment from the director, the commission shall
hold at least one public hearing. Notice of the hearing by the publication shall
be provided by the commission in accordance with section 25-2-5, except that
when a proposed amendment involves a specific parcel of land, notice shall be
provided by the commission in accordance with subsections (c) and (d).
(3) Within sixty days after receipt of the amendment from the director, the
commission shall transmit the proposed amendment together with its
recommendations thereon through the mayor to the council. The commission
shall recommend approval in whole or in part, with or without modifications,
or rejection of such amendment. In the event that the commission fails to act
on the amendment within the sixty-day period, such inaction shall be
considered as unfavorable recommendation by the commission, and the
amendment shall then be submitted through the mayor to the council with
such recommendation.
(b) The council shall refer any proposed council-initiated amendment to this chapter to
the director and the commission with requests for their respective comments and
recommendations thereon, prior to the first reading of any such amendment. The
director and the commission shall each submit comments and recommendations on
the proposed amendment to the council within one hundred twenty days from the
date that the amendment is transmitted by the council to the director and the
commission.
(1) The director shall submit comments and any recommendations to both the
commission and the council within the one-hundred-twenty-day review period.
(2) The commission shall hold at least one public hearing on the proposed
amendment. Notice of the hearing by publication shall be provided by the
commission in accordance with section 25-2-5, except that when a proposed
amendment involves a specific parcel of land, notice shall be provided by the
commission in accordance with subsections (c) and (d).
(3) The commission shall transmit the amendment together with its
recommendations thereon through the mayor to the council. The commission
shall recommend approval in whole or in part, with or without modifications,
or rejection of such amendment. In the event that the commission fails to act
on the amendment within the one-hundred-twenty-day review period, such
inaction shall be considered as an unfavorable recommendation by the
commission.
(4) After the one-hundred-twenty-day review period has expired, the council may
proceed to act on the proposed amendment as it deems appropriate.
Planning Dept.
25-27
Exhibit�