2016-10-06 Hearing Transcript - Council Bill 228 (Hilo Medical Center REZ 14-175)

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Condition H which is shown in the first Background we provided to you on page 3 of the draft bill, it limits the use of the property to a parking lot. This is one type of contract zoning—what we call contract zoning, and contract zoning is discouraged in the Zoning Code. It's also been successfully challenged in courts because it doesn't offer the landowner the full range of uses that are allowed in that zoning district. So, that was one of the reasons. Another reason is that if you look at Conditions F and G, there's no practical and reasonable way for the Planning Department to enforce those conditions. They relate to limiting the use of the proposed parking lot to employees only of those medical center buildings as well as enforcing daytime use only of the parking lot and prohibiting reverse parking, excessive idling, and loitering. It would obviously be very hard for the Planning Department to enforce those two conditions. And, then, lastly, Condition I, which is also on page 3, proposes vehicular access through the medical center properties rather than through Punahele Street. This conflicts with a final subdivision approval condition for the subdivision that created the medical center lots, and that issue was raised in our Supplemental Background and Recommendation Report to you. And, I can show you here what I'm talking about. So, this is the subject property here. Here's Punahele Street. Here's Komohana, and the medical center buildings are located on this property and this property here. Access to them is through Pu`uhonu Way which comes off of Komohana through a driveway here. So, when the subdivision was approved to create these two lots, there was in the Final Subdivision Approval letter language where the Department granted the Final Subdivision Approval with the understanding that to prevent access to Punahele Street, there would be a 10 -foot wide, no vehicular access planting screen easement located here. That's not shown on the plat map, but it was included on the Final Approval letter. So, obviously the Applicant's current proposal to cut off or restrict access from Punahele Street and use this driveway through the medical center properties to the subject property would conflict with that provision of the Final Subdivision Approval. And, I just want to also bring your attention to two items we've received since we released those recommendations. One is testimony you should have received this morning from Cheryl Reis, and then another is a letter from the Hala`i Kumiai dated September 15th. And, that concludes my presentation. I'd be happy to answer any questions. HENKEL: Thank you, Maija. Are there any questions for staff? If not, will the Applicant or their representative come forward? Will you raise your right hands? Do you swear or affirm to tell the truth before, on this matter before the Commission? FUKE/TAKASE: I do. HENKEL: Thank you. State your name and proceed. TAKASE: My name is Gerald Takase. I'm the owner of the subject property. 3 EXHIBIT F