A bill that would require full County Council approval for time extensions of rezoning applications on Hawaii Island will be considered by the Windward Planning Commission next week.
Bill 194, proposed by North Kona Councilman Holeka Inaba, aims to address a common complaint among residents that developers’ rezoning applications, once approved, receive time extensions without regard to how conditions and infrastructure may have changed in the intervening years.
As proposed, Bill 194 would clarify that the County Council must approve extensions requested once the time in the original council-approved rezoning ordinance has run out.
The bill changes the zoning ordinance to include specific language prohibiting administrative extensions: “Unless specifically authorized by the council, extensions of time to satisfy conditions may not be allowed by the director.”
And, it clarifies that if the applicant fails to fulfill any conditions of the zone change within the specified time limitations, the planning director or council may initiate the process for enactment of an ordinance reverting the affected property back to its original zoning designation or a more appropriate zoning designation.
The council Committee on Planning took up the proposal shortly after it was introduced during its Aug. 16 meeting, but opted to refer the bill for review and recommendation from both the Leeward and Windward planning commissions. The Windward Planning Commission has agendized the matter for its 9 a.m. meeting on Oct. 6.
According to a background and recommendation report from Planning Director Zendo Kern, since the 1980s it’s been the practice of planning directors to add the current standard “administrative time extension” condition to change of zone ordinance recommendations that gives the department head the authority to grant a one-time, administrative time extension provided that the applicant, successor, or assigns is able to justify the need for the additional time by providing a request, in writing, that meets the following criteria:
• The nonperformance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence.
• Granting of the time extension would not be contrary to the General Plan or Zoning Code.
• Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone.
• The time extension granted shall be for a period not to exceed the period originally granted for performance.
• If the applicant should require an additional extension of time, the planning director shall submit the applicants’ request to the County Council for appropriate action.
“The County Council has always had the authority to add or remove conditions of rezones that are recommended by the planning director and planning commissions. For 40+ years this standard administrative time extension condition has been recommended to be included in rezone ordinances by the planning directors and planning commissions and has been consistently adopted by the County Council,” Kern wrote in his recommendation to the Windward Planning Commission. “Unless there is a compelling reason to change this current practice, the current planning director will continue to recommend this condition be included in rezone ordinances and the County Council can continue to exercise their authority to remove the condition if they choose to.”
Because the legislation “does not change the Planning Department’s current practice,” Kern recommended the commission send a favorable recommendation of Bill 194 to the County Council.
The public may provide written testimony via email at WPCtestimony@hawaiicounty.gov or submitted at the Hilo or Kona Planning Department up to two business days prior to the hearing by 4:30 p.m. Oral testimony can be provided in-person at the meeting in Hilo or via Zoom, which requires registration prior to the meeting at hawaiicounty.gov.
The Leeward Planning Commission, which canceled its Sept. 22 meeting due to a lack of quorum, has yet to agendize the matter. The panel, which advises the mayor, council and Planning Department, is next slated to meet Oct. 20.
Email Chelsea Jensen at cjensen@westhawaiitoday.com.
