The Leeward Planning Commission on Thursday agreed with a bill requiring County Council authorization of time extensions to zoning ordinances, a measure that would replace the current practice of administrative time extensions approved by the Planning Department.
In its unanimous decision, the commission rejected further amendments proposed by North Kona Councilman Holeka Inaba, the sponsor of Bill 194. Inaba said the amendments simply clarify the council’s authority, but commissioners worried the amendments would impose a one-size-fits-all approach to rezoning that doesn’t take each individual case into consideration.
“I think every development, every permit is unique. … I don’t think there’s one form we can apply,” Commission Chairman Michael Vitousek said. “There are many many opportunities, many projects that would not be appropriate for a blanket administrative time extension but I think some are appropriate.”
Vitousek cited as examples small community projects and affordable housing projects that could get caught up in litigation with neighbors worrying about their property values.
“Adding time and money to the project adds to the expense of living in Hawaii that trickles down to the homebuyer and that makes property more expensive,” he said. “I would advocate for preserving the council’s discretion.”
The Windward Planning Commission earlier this month also forwarded its favorable recommendation of the bill without the amendments, Planning Department staff said.
Inaba said his proposed amendments wouldn’t limit, but would only clarify, the existing language.
“What is the point of the bill? It’s for transparency and it’s for accountability,” Inaba said. “That’s all it’s for.”
Inaba has said he sponsored the bill to address a common complaint among West Hawaii residents that developers’ rezoning applications, once approved, get numerous time extensions without regard to how conditions and infrastructure may have changed in the intervening five, 10 or even 25 years.
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.
“If it takes a whole council to approve a rezoning, it shouldn’t be left to the planning director to extend it without any proof or evidence to the council,” Inaba said when introducing the bill to council colleagues. “Having it come to the council increases responsibility and accountability for both the developer and the county.”
Deputy Planning Director Jeff Darrow said Thursday there’s a misapprehension by some in the community that the Planning Department regularly grants extensions without regard for the circumstances. Some have argued that a property owner will initiate a rezoning to increase the property’s value for future sale without being serious about developing it.
“It’s unfortunate that it seems like the Planning Department is just handing these out just like Halloween candy or something,” Darrow said. “That’s not the case. Once an administrative time extension ends, that project cannot move forward.”
Email Nancy Cook Lauer at ncook-lauer@westhawaiitoday.com.
