Hawaii County Council on Wednesday overruled Mayor Mitch Roth’s veto of a bill that would allow the council to confirm whether developers can get extensions on their rezoning applications.
West Hawaii Councilman Holeka Inaba introduced Bill 194 last year in order to address frequent complaints from residents that the county Planning Department consistently approves time extensions for developers’ rezoning applications without considering how conditions may have changed over the years.
After a series of amendments, the final version of Bill 194 eliminates the ability of the planning director to grant an administrative time extension to any change of zone request, and that such extensions can be granted only by the County Council via resolution, so long as certain conditions are met.
The measure was popular among residents, with dozens of letters of testimony supporting the measure submitted before Wednesday’s council meeting.
“I know you’re under pressure to streamline the permitting process and in some cases, that would be a wonderful thing to do,” wrote Topher Dean to the council. “When permitting a structure in an existing subdivision or commercial property in a town, it would be fine, but we can’t have a broad sweeping streamlining of the entire process for big developers.”
Another testifier, David Blancett-Maddock, wrote that the current system has allowed developers to partially develop properties and sit on them for years with “never-ending extensions,” and then sell them to others without ever fulfilling their original plan.
But the bill was evidently less popular with Roth, who announced at the end of March that he would veto it.
“The bill inappropriately removes the county Planning Department staff, those with the training and expertise to evaluate time extension requests, from the decision-making process and instead inserts the council, a political body with little to no planning background or expertise,” Roth said in a letter announcing the veto.
Roth did not attend Wednesday’s meeting. Managing Director Lee Lord appeared instead and explained that Roth had a doctor’s appointment. But Lord reiterated Roth’s position, explaining that the administration believes the bill would limit the county’s flexibility and would add another roadblock to what he said already is the most regulated county in the U.S.
Inaba moved in March for the council to reconsider the bill and potentially override Roth’s veto.
There was little debate about the measure itself Wednesday, because council members have previously staked out their positions about it.
To override a mayoral veto, the council requires six of the nine members to vote in favor — which is what happened Wednesday. Three voted against it.
South Kona Councilwoman Michelle Galimba said she couldn’t support the override because she felt it reduced the county’s tools to manage rezoning, explaining that the time extensions provide the Planning Department an appropriate way to check in on projects midway through.
She added that the council is meant to serve as an oversight body, not to directly manage the planning process, and insinuated that the bill’s potential ability to slow down development is a “feature, not a bug,” suggesting that it was part of the motivation behind the bill.
Puna Councilwoman Ashley Kierkiewicz said she supported the first incarnation of the bill — which removed time extensions outright with very little room for exceptions — but added that subsequent amendments that allowed for more exceptions muddied the measure’s intent.
Hilo Councilwoman Sue Lee Loy agreed with Kierkiewicz and also voted no.
But the remaining council members supported overriding Roth’s veto for a variety of reasons.
Hilo Councilwoman Jenn Kagiwada dismissed the administration’s concerns that the bill would introduce “uncertainty” for developers, saying that they should face uncertainty and should not be given carte-blanche time extensions. She added that the very concern about uncertainty suggests that time extensions are generally understood to be automatically awarded.
Hamakua Councilwoman Heather Kimball acknowledged that the measure was imperfect, but said that because of procedural rules, vetoing the bill would prevent the council from revisiting the subject with a similar bill this term. By overriding the veto, she said, further bills can be introduced to refine the process.
And Kona Councilwoman Rebecca Villegas scoffed at the mayor’s concerns, calling his veto letter “cockamamie” and emphasized the need for greater regulation.
“We have restrictive land use requirements? Hell yes we do!” Villegas said. “We are on an island. … Land is a precious resource, and we have to place the highest requirements on its use.”
Following the 6-3 vote in favor of overturning the veto, the measure immediately became law.
“It’s disappointing that the council chose to pass an imperfect bill (Wednesday) that will limit the county’s flexibility to appropriately condition rezoning ordinances — adding expense, uncertainty, and difficulty to the rezoning process, ensuring we maintain our position as the most regulated county in the nation,” Roth said in a statement after the meeting. “That said, the council has made its decision, and we will respect it and move forward accordingly.”
Inaba told the Tribune-Herald after the vote that he felt it was a privilege to present the bill on behalf of his constituents, and he thanked his fellow council members for supporting it in spite of administrative opposition.
“I think the administration understood what we’re trying to do,” Inaba said.
“This is power that’s been slowly codified into the Planning Department over the years, and they didn’t like that we’re taking that power and putting it in a publicly accountable body. I think they very much understood the purpose.”
Email Michael Brestovansky at mbrestovansky@hawaiitribune-herald.com.
