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HomeMy WebLinkAboutMIN PC 2020/07/21 2018-2020Committee on Planning 26th Session Hawaii County Building 25 Aupuni Street Hilo, Hawai i July 21, 2020 CALL TO The regular meeting of the Committee on Planning was called to order at ORDER: 10:11 a.m., in the Council Chambers, Hilo, by Ms. Ashley Kierkiewicz, Chair. ROLL CALL Present: Ms. Ashley Kierkiewicz, Chair Ms. Susan L. K. Lee Loy, Vice Chair Mr. Aaron S. Y. Chung, Member Ms. Maile Medeiros David, Member (via videoconference from Kona) Ms. Karen Eoff, Member (via videoconference from Kona) Mr. Matt Kaneali`i-Kleinfelder, Member (came in later) Ms. Valerie T. Poindexter, Member Mr. Herbert M. "Tim" Richards, III, Member Ms. Rebecca Villegas, Member (via videoconference from Kona) STATEMENTS The Chair directed the Committee to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Chair: Roy Toma: Bill 150 (Comm. 798), in support. Ann Toma: Bill 150 (Comm. 798), in support. Charlene Nishida: Bill 150 (Comm. 798), in support. CHR KIERKIEWICZ: I will be closing public testimony at this time and moving on to business of the day. COMMUNI- The Chair directed the Committee to proceed to the next order of business, CATIONS: Communications. (There were none.) ORDER OF The Chair directed the Committee to proceed to the next order of business, Order RESOLUTIONS: of Resolutions. (There were none.) PC -26 July 21, 2020 CHR KIERKIEWICZ: Mr. Clerk, if we could move to Bills for Ordinance. BILLS FOR The Chair directed the Committee to proceed to the next order of business, ORDINANCES: Bills for Ordinances. Bill 150: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM MULTIPLE -FAMILY RESIDENTIAL — 1,500 SQUARE FEET (RM -1.5) TO SINGLE FAMILY RESIDENTIAL — 7,500 SQUARE FEET (RS -7.5) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-4-028:009 (Planning Director Initiated) (Area: 3.292 Acres) The Windward Planning Commission forwards its favorable recommendation for this change of zone. The Planning Director recommends returning the parcel to its original designation to create an appropriate land use pattern for the area. The property is located at 364 Hualalai Street, east of the Hale Nani Street-Hualalai Street intersection. Reference: Comm. 798 Intr. by: Ms. Kierkiewicz (B/R) Postponed: July 7, 2020 (Note: There is a motion by Ms. Lee Loy, seconded by Ms. Poindexter, to recommend passage of Bill 150 on first reading.) ; and Comm. 798.1: From Planning Director Michael Yee, dated March 5, 2020, transmitting the draft transcript from the Windward Planning Commission's February 6, 2020, meeting. CHR KIERKIEWICZ: Thank you, Mr. Clerk. Because this bill was initiated by the Planning Department, I would like to call up Planning Director Michael Yee to provide a quick summary overview of this bill. (Note: At this time, Planning Director Michael Yee came forward to address the members of the Committee.) MR. YEE: Good morning, Michael Yee, Planning Director. So, there were two major reasons for taking this action. One was the unsafe flora, which you heard from the neighbors talk about earlier. And two, there's been enough time for Mr. Tai to do a development here. And if the intention really was to build affordable housing, there was enough time for him to do so. That hasn't occurred. So often I'm brought in front here to talk Page 2 PC -26 July 21, 2020 about things that I can or cannot control, at times. Recently, it was around cellphone towers, and there's limited ability for me to kind of do things there. In this case, I do have the opportunity to do something, to correct something. In this case, revert the zoning back to something that's more appropriate. You heard from the neighbors that it is 7,500 square foot lots there, and maybe at the time the zoning was changed years ago, it might have made some sense then. But it certainly doesn't make sense to me now, and given that enough time has passed and nothing has been effectuated it's time to revert it back. I also want to highlight that when Mr. Tai bought this property years ago, I think it was around $800,000. He's listed it more recently for close to $3 million. Certainly, looking at the entitlements. And so, I'm not willing to necessarily provide an entitlement just for speculation purposes, right? And so again, it's just another reason, if he could have effectuated by now he would have done so. When he was asked at Planning Commission what his plans were, he still wanted and intended that he was going to do this. But, why would you be selling the property for $3 million? So there's little inconsistency in what his real plans are for this. So I want to, you know, just end it there. And we're here at this point with my Director initiated recommendation. Thank you. CHR KIERKIEWICZ: Thank you, Director Yee. You know, in the past, this body has seen a number of ordinances come before us that, you know, we need to do a time extension. And I've seen in all of those cases, there has been measured progress made by the applicant, so there is justification. Can you confirm if any grading, building, or other plan approvals have been submitted for consideration by the County? MR. YEE: None that I know of. CHR KIERKIEWICZ: Okay. Thank you. I know that Mr. Vincent Tai is here. I wanted to give you the opportunity to address the Council because this is an action that is being initiated against you by the Planning Department. So if you please come forward? Introduce yourself for the record. We all received your packet. We also have a copy of the ordinance and prior ordinances; as well as the transcripts from the Planning Commission meeting. Thank you very much. You know there are a couple of things that the Planning Director is bringing forward as justification for this downzone. Your failure to complete Conditions of Approval in a timely manner. And the second being that, you know, there has been some issues dealing with flora on your property and the adverse impact to neighbors that actually live in the area. And you know, it's very concerning that this property which you say you intend to develop, as the Director said, is listed Page 3 PC -26 July 21, 2020 on the market for $3 million. So, providing you an opportunity to address this body. (Note: At this time, applicant and property owner Vincent Tai came forward to address the members of the Committee.) MR. TAI: Yes, Maam. My name is Vincent Tai. I am the owner of the subject property. I bought it back in 2005, so it's been 15 years. Let me go down the list; perhaps let's talk about the trees first. Now, I do agree with the neighbors that for a number of years the trees have been some problem. In fact the two cases that had damages and they filed claims, and the insurance company came and took care of that. Now, I don't live here, and it is an absentee ownership. So I have property management taking care of the property. But I do not agree that the neighbors are saying that I harass them. And I always ask them to talk to their insurance companies, because these kinds of things can be taken care of by their insurance company working with my insurance company. I pay a lot to my insurance company. Once they file a claim they'll be taken care of. It's not true that I have not been responding to them. In fact, between six months or 12 months before the notice from DPW (Department of Public Works). I have many emails encouraging to do that so that I can get my insurance company involved. Now as you know, I have Backyard Monkey, Mr. Barrios, involved. I signed a one-year or annual maintenance contract. They're supposed to take care of everything that needs to be taken care of. In fact, when we—I'll be brief on this one okay because when I first got the letter CHR KIERKIEWICZ: I'm sorry when did you say you engaged Backyard Monkey to do maintenance on the property? MR. TAI: It's an annual maintenance contract. CHR KIERKIEWICZ: Which initiated in what year? MR. TAI: This year after they completed all the work that's needed. CHR KIERKIEWICZ: Okay, just to confirm, you purchased the property in 2005, and you engaged in annual maintenance of the property this year, 2020? MR. TAI: After the notice came in. And now when the notice came in I took the option, "In lieu of removal," in a letter from the Hawaii State certified arborist, stating that trees are, you know, are deemed safe. So at that moment back in September I hired Backyard Monkey, Mr. Barrios to, not just do a letterI said, just tell me what's going on. I don't know much about trees. Give me a report. Page 4 PC -26 July 21, 2020 So he came up with it on January 2nd, a full 18 -page; they call it a Risk Assessment Report, which I never even heard of that term before. And based on that report, I said just do anything that you need to do, because you know, just make it safe for everybody. Not just for the neighbors, even within my property, right? So he went ahead and did all the work. And then, while he was doing it, I said, this place, because I'm not there, it needs to be taken care of. I do have property management, okay. CHR KIERKIEWICZ: But you engaged the arborist and Backyard Monkey in 2019 when we had a testifier come in to say that in 2013, six years prior, they expressed serious concern about the trees on your property and the potential damage that would be caused to their homes and property. And so in six years, there was no movement on your part? MR. TAI: Well, like I said, there were two cases there at that time, I believe, it was taken care of by the insurance company. My house is in Honolulu, okay. We have trees from neighbors and I just cut them myself, okay. But that's not the point. The point is my insurance company needs the other party to file a claim. I kept thinking this can be taken care of by the insurance company, that's why the delay. But until such time, you know, it's on and off. I understand that. CHR KIERKIEWICZ: I think it's very unfair to put this on your insurance company when for 14 years this has been an issue. MR. TAI: No, I'm sorry, it didn't start 14 years—it seriously was about a few years ago, okay, because the trees haven't been extended out to the neighbors. And I agree, you know, these are dangerous if they get to that point, and I'm just not aware of that. And like I said if I get the insurance company involved, and their insurance involved, we can get it resolved. If the insurance company say they don't want to pay for it I'll pay for it, you know, that's not the point. I just wasn't aware. Now like I said, when this notice came out then I knew that it was that serious and I moved immediately. Right now, Backyard Monkey has an annual maintenance contract, not just to take care of the neighbors' property, even within my property. I said it had to be taken care of too. So the fact is, yes, I'm not a hundred percent in disagreement with what the neighbors are saying. But it's also not true that I just totally ignored them. It's not true. I just didn't know. Now, the fact is when this notice came out to the Planning Commission hearing on February 6h, these items had been taken care of at that time, okay. Yes, we can still talk about, you know, why for several years, I haven't done certain things. The fact is, on February 61h, I have already complied with what I had to do Page 5 PC -26 July 21, 2020 and then at that time, Backyard Monkey had started to take care of things according to their assessment report. So as far as I know, since February 2nd, the day they decided to do the first session of the trimming, and now they're on a contract of annual maintenance. So I presume that everything will be done correctly. If not, someone has to tell me, then I have to tell Backyard Monkey to do the work. CHR KIERKIEWICZ: Yeah, Mr. Tai, you know, this property has been rezoned twice in 2010 and then in 2015. And in Planning Commission discussions in 2014, the trees were deemed unsafe and to be a problem then. So the fact that no action was taken until last year, as you say in 2019, and only because there was communication from the County around potentially downzoning your property, there's a lot MR. TAI: No, at that time, there was no downzoning. CHR KIERKIEWICZ: It's hard for me to sit here in good faith thinking that you were actually going to make, you know, measured progress on the Conditions of Approval. MS. DAVID: Excuse me, Chair. MR. TAI: Downzoning was not known at that time. CHR KIERKIEWICZ: Yes, Ms. David. Hold on Mr. Tai. Council Member David. MS. DAVID: Thank you, Chair Kierkiewicz. I'm sitting here and listening to this question and answer of Mr. Tai, and I'm just wondering ifI'm trying to see if I should be calling a point of order because I believe what we're here to consider is the recommendation of the Planning Director. And I think all theseI appreciate Mr. Tai being given an opportunity to say his side of the story, but I feel that if questions are going to be directed to Mr. Tai, it should come from the Council Members first, and not become like a question and answer of the facts that's before us on this particular downzoning. CHR KIERKIEWICZ: Thank you. Do you have a question, if not I have Council Member Poindexter's light on and I was going to shift to her. Do you have a question or should I turn to Val? MS. DAVID: Thank you. You can go ahead with Mr. Poindexter. CHR KIERKIEWICZ: Thank you. Val, go ahead. Page 6 PC -26 July 21, 2020 MS. POINDEXTER: Yeah, I'm supporting the Planning Director's decision. And you know, I'm glad I heard from the owner of the property. And from what I've heard from the testifiers as well, I'm going to support the Planning Director's decision like I said, because if it took all this effort and years to get you to do something, I can only imagine if something else would come up in the future and what we would have to go through. I think the testifiers spoke, and I believe them that they were reaching out and all of this. Again, the amount of years that it took you to do something, and only when notified. And I believe that the Planning Director has made a good decision for the health and safety of the entire community there. So I'm supporting his decision. Thank you. CHR KIERKIEWICZ: Thank you, Ms. Poindexter. Chair Chung. Point of Order: MR. CHUNG: Just as a point of order or personal privilege, I just want to know if Mr. Tai has finished his presentation. And then I'll make a comment, but I don't know if he has finished. MR. TAI: I have not. CHR KIERKIEWICZ: Mr. Tai, I'll give you five more minutes. MR. TAI: Okay, on the tree zoning? CHR KIERKIEWICZ: No, if we could shift to the next topic. MR. TAI: The downzoning? See the downzoning, I did not know about the downzoning until, if I can recall, three days before the hearing on February 6'. Because the statement that I've been getting is on Conditions B and L. No downzoning was mentioned. Only three days before the February 6 1 hearing, did I receive that. So it had nothing to do because of downzoning did I do that. It's my recollection, okay. So as I said, it's not a hundred percent true that I completely ignored them. I keep asking them to go to the insurance company because in my mind and in those times it's been taken care of by the insurance company. I don't know exactly how serious they are, because there's been two incidences that there was some damage. Immediately the insurance came in and paid for the damage, you know. So, yes, I have been relying on the insurance company because I don't know anything else. Now like I said, if the insurance company rejects and saying no, that's not their responsibility, of course, I'll step in to do that, you know. So for many months, not just the last two years, before the notice came in you can see that I keep urging them. Because I need to get my insurance company involved but someone has to file a claim, you know. Page 7 PC -26 July 21, 2020 Okay, I'm wrong, okay. Maybe I shouldn't wait for the insurance company to do it. But it's not a matter of not spending the money, okay. It's not the matter of being downzoned, which I didn't know. Because as far as I know, the downzoning is based on whether the property should be zoned RM -1.5 (Multi - Family Residential); or whether I'm speculating, okay, which I tried to explain in my letter. Now, if I only have five minutes, first of all now, everything I said in my letter is opposite to theI'm talking about the zoning. Everything I said is completely opposite to Mr. Yee's. So here I apologize to Mr. Yee if, you know, you're offended because my opinion is completely opposite to his. And also if you look at the Planning Commission and the County's approval back in 2014, it's totally completely opposite. Like I said, it was prepared and presented with my objections. It's just, you know, with my objections you want to believe. You can compare the two totally opposite. You know, one the zoning is good for the public, and now they said it's not. Now, as far as speculation. I'm not a speculator. If it is, I've done it a long time ago, okay? Why I advertise for sale? I'm not sure it's worth $3 million, maybe only $2 million. It's just a number. But the fact is, if you look at all my documents here, I did submit my drawings. But not to the Planning Department, because it's not required. So he would not know, all of these have to go through HHFDC (Hawai`i Housing Finance and Development Corporation). I did try. I'm not sure, the Planning Commission realizes how difficult it is to build affordable housing. You see how many have been built in Hilo? I'm talking about workforce, alright. People cannot get funding. That's the only way you can build in Hilo or in the County here, and I tried. Now, I should not be blamed for not trying and not getting the funding because it's very difficult, and also if you have a time limit. So, they're probably right about me, (inaudible) rezoned from 7.5 to 1.5, just maybe a year before mine, if I'm correct. That was permanent, there's no expiration date. What I'm saying is if you look at my documents that I sent to you. I'm talking about rezoning now. If the property is proper and good for rezoning, then it should be good. If it's good for four or five years ago, it should be better now and in the future. Now, purely on speculation, I am not a speculator, okay. But in property, what is speculation? Now, a lot of properties are good for the public if it's rezoned. Because the zoning was done 40 years ago, okay. Now, for builders and developers, they don't like to tackle entitlement or rezoning, because sometimes it takes years; a lot of money, right? And there's no guarantee. They want someone Page 8 PC -26 July 21, 2020 else to do it so that when everything is done they call shuffle ready or with entitlement, then they will come in. And that is not speculation, but that's not the case, because I'm trying to do it myself, okay. Two more minutes. CHR KIERKIEWICZ: You know, I'm just going to—we'll pause right there. You've given us a lot to think about, and I just want to open it up to my colleagues here in Hilo and Kona to ask you any follow-up questions based on what you shared with us. MR. TAI: Okay, may I ask, have you read my letters? Okay, alright. CHR KIERKIEWICZ: We have, thank you. MR. TAI: Because unfortunately on the Planning Commission meeting on the 6'', right? I didn't know about it three days ago, but I sent a letter out. I supposed they only got it that morning. It was such a long letter and I suspect some of them didn't have time to read all of it. CHR KIERKIEWICZ: Great. Thank you, Mr. Tai. I'm checking in with folks in Kona. Do you have any questions? MS. DAVID: Not at the moment, Chair. Thank you. CHR KIERKIEWICZ: Okay, thank you. Here in Hilo? Go ahead, Mr. Richards. MR. RICHARDS: Thank you Chair. Director Yee, Michael. This noncompliance of B and R, can you just comment on that? Because that seems to be part of the crux of this. MR. YEE: So, Mr. Tai has been working on certainly clearing up the flora; the trees, stuff like that. So from that aspect, yeah you know, he certainly been working on that. Certainly, as Ms. Kierkiewicz pointed out, it certainly wasn't what I would call, "in a timely fashion," but he certainly has addressed it. You're going to have to remind me. What was the other one? MR. RICHARDS: "B" was the water commitment deposit, and "R," and trees, yeah? MR. YEE: Yeah, I believe he made his water commitment payment. Did you? MR. TAI: I made it back in 2019. February 181h. So that's why I don't understand why it's on the Planning Commission's hearing on February 6h. And the Water Department acknowledged—after two weeks they sent me a receipt. Page 9 PC -26 July 21, 2020 And all this was sent to Mr. Yee, and I just don't understand it, because it was completed months before. CHR KIERKIEWICZ: Thank you, Mr. Tai. I want to give the Director a chance to address Council Member Richards. MR. YEE: Understand there is a lot of recommendations that were certainly written well in advance of the Planning Commission meeting. And certainly he clarified that at the Planning Commission at that time. MR. RICHARDS: Okay Chair, thanks. I'll yield. I'll listen to other comments. Thanks, Michael. CHR KIERKIEWICZ: Thank you. Go ahead, Chair Chung. MR. CHUNG: Yeah, I don't have any comments yet because I just wanted to see if Mr. Tai is finished with his presentation. You know, his rights are at risk of being divested somewhat, or reduced. So you know, I just wanted to make sure he's said everything and then I'll make some comments. MR. TAI: I said just about everything I said in my letter, which is like nine pages long, and also all the exhibits, okay. Maybe it said a couple of things that I didn't touch upon. It may sound unimportant. You know, one of the points that Mr. Yee pointed out was this site being (inaudible) because there's only one building there. So that should be returned to a single-family home. From my standpoint, it's just the opposite, because it's only one rental unit. I'm not getting rid of 10 or 12, only one. And this property, as I stated by almost everyone who's familiar with in -fill affordable housing development, this is a perfect site. HHFDC (Hawai`i Housing Finance and Development Corporation), HIPA (Hawai`i Institute for Public Affairs), they agree. And I saw that. They selected this property to represent the County of Hawaii out of five. In fact out of all the properties, they chose this and said this is probably the best one because it has passed all the entitlement. All the others, they have to build roads; they have to get financing, and so on and so forth. Now, so it's not just me saying it. If you're familiar with planning, this is right on the edge of the high density, right? Like I said, one above me is already 1.5; to the right of me, they're all RM -1, right? So the two-point reason in Hawaii why affordable housing is not even possible, one is available land; the other is financing. Both are detriments to good affordable housing. Now, I don't agree with Mr. Yee that homelessness is the priority and affordable housing should come second, because they should go hand-in-hand. So, we're not just solving affordable housing here. We're talking about homelessness as Page 10 PC -26 July 21, 2020 well. If the County can assist, like Honolulu right now, they have a program (inaudible). There are bills that can help private developers. Not Hawaiian housing authorities. Other than getting funding from LIHTC, that is Low -Income Housing Tax Credit. That's the only way you can get affordable housing here and no other way. Unless you have, like I said, a donor. Like Seattle, yes, they have Microsoft, Amazon. Big companies who come to fund that. But here, the only way, no other way, because the rental rate is determined by HUD (Housing and Urban Development), very low. Every July, they publish it. Last year, the HUD recommendation on rental in 2019 is less than 2018. So when you have the income so low, how can you build, right? Now, this year, I just checked because it's July, right? July 1st it came out. Slightly higher, maybe like two percent higher. But it's so low that no one can build affordable housing. So the question here is, do you want affordable housing? Do you want it? If you want it, give people a chance. Five years is not enough for people to get funding. You can talk to HHFDC. Hawaii office for the community, right? Talk to them. I've been talking to them for the last six years, believe me. They've been supporting it. One person asked me, "Mr. Tai, why do you want to do affordable housing?" I said I want to try. I have done a number of market -rate housing and retail in my last 50 years in San Francisco. I said, this is the thing to do. So I say, give me a chance, I want to try it. I did try. I even submitted the drawings on behalf of JSM, and believe it or not, the plane arrived one day late. So they were disqualified, right? And the reason that I have to advertise for saleI don't know if it's $3 million or $2 million, okay. I don't think money here should be a determination whether the property should be for affordable housing or not. Money is not the problem here; should not be the issue here. The point is, by advertising, if you can talk to the Brokers involved, okay. And this is my specific requirement, or at least preference, whoever wants to be interested, bring me in as a partner because I want to gain the experience. Without any experience, even one time, you will not qualify for low-income tax credit. Now they have the rental housing fund. That one is not a Federal Government program. That's a Hawaiian program. That one will not require thatI do not need to have the low-income tax credit experience. This one, I'm going to try this year on February 15th, the only day they accept. All I'm asking for is—it's only four more years to go anyway on this. Why don't you just give me a chance, just to try one more time to get it? Even four years is a very short period of time. Page 11 PC -26 July 21, 2020 This RM 1.5 will end will end in 2024 no matter what, okay. With or without this downzoning. So why don't you just give me a chance? It's there now. You know, if I didn't succeed, it's gone anyway, right? But believe me, if you talk to HHFDC or anyone in affordable housing. You talk to them—how difficult it is, and people just don't succeed the first year, second year, third year, and then they give up, you know. You know that. There's no affordable workforce built in Hilo, a new one for probably at least 25 years, as far as I know. Why? They are building in Honolulu; they're building in Oahu. They have the muscle. They can get the funding. Most of the funding goes to Oahu, you know. And the County is not involved enough. And I told you more than twice now. I approach these people to come in. They say, "Show me a piece of property in O`ahu." They don't want to come here, you know. So the location is already one setback. If the County is not serious in building and helping or promoting, affordable housing has very little chance. Twenty years, 25, 30 years pass by; not a single one built. I'm talking about workforce, okay. This if for people like architects and nurses. Not very low income, right? Haven't been built in 30 years. CHR KIERKIEWICZ: Thank you, Mr. Tai. I'm going to turn it over to Chair Chung. I think he might have some follow-up questions or comments. MR. CHUNG: Well, not any more questions. And I think I've really heard enough, and we've given Mr. Tai ample time to give his side of the story. You know, I'm going to open up with a kind of light-hearted comment, and I really hope you don't mind. I know this is a very serious issue for you. But just as an inside joke with the rest of the Council Members. You know, Ms. Lee Loy always claims properties to be in her district, and it has to be corrected by Ms. Poindexter. But, I just wanted to make sure that for the record, everyone knows that this property is situated in the district that I represent. So you know, let me weigh in. And you know, I really do apologize Mr. Tai, but I'm going have to urge my colleagues to support the department's downzoning of this property. You know, you kind of touched upon it earlier. Maybe just tangentially, but this County Council really is quite lenient in allowing for extensions and such, because we know how difficult it is for developers to get things off the ground. And it's very unusual for us, not just to deny an extension, but now to come in right in the middle of the term of an ordinance's vitality and ask for a downzoning. I agree with all that you said, you know, during the backend of your statements about the need for affordable housing. And in that regard, I might have to disagree a bit with our Planning Director. Back in 2014, I think the only two members who were on the Council when this rezoning ordinance was either Page 12 PC -26 July 21, 2020 extended, or modified, or approved, was Ms. Poindexter and Ms. Eof£ And at that time I think, you know, the policy statement was that there was a need for affordable housing in that area. I don't think that need has gone away. There still is a need for affordable housing, and I would disagree if there's any kind of policy statement suggesting that homelessness and affordable housing are mutually exclusive. You know, they all should be built into a greater umbrella. But you know, Mr. Tai, this is the first time I've met you. And you know, you present yourself as a well-intentioned, nice individual. But I've got to say, you know, based on what we've seen here, you really haven't been a good neighbor. Yeah, and you know, these rezonings are things that are conferred upon individuals with, you know, reasonable expectations on the part of the Council and the public. And when I look back at the record, it seems that there were some objections to the rezoning to begin with and that's why certain requirements were built in. Now with regard to the flora, and I think our Chairman touched upon it somewhat. Your contract with Backyard Monkey was only entered into this year. Or maybe, yeah this year. But, the complaints or pleas to you to abate, you know, the nuisance of those Monkey Pod trees and the brush that surrounds the neighboring properties have been ongoing for a long time. And you know, I did take a site visit with a very open mind. And if I were living next to those Monkey Pod trees, I would have a very difficult time sleeping at night. You know, it's just very unnerving to have those things so close by. And you know, Mr. Tai, a lot of this could have been avoided, you know, had you just done what you were supposed to do. And I think if you did that, even with the objections of the neighbors, and you know, Mr. Yee coming for a downzoning, I think I would probably be inclined to support you. But you haven't shown that. And so, what happens is, because you haven't followed through on certain things, it's very difficult for both the Council and you know, neighboring properties to have any kind of comfort level that you're going to follow through on other representations and promises. Now, with regard to the water commitments, and you know, your deposit. As best I can tell, that was done, what 2019? But when I looked at the requirements of the rezoning ordinance, it was supposed to be done 180 days from the effective date of that ordinance, which was in 2014. MR. TAI: Because I didn't know. MR. CHUNG: Well, you know, I'm sorry you didn't know. But you know, that shouldn't be an excuse, really. And you are bound by the requirements of the ordinance because you asked for it. So, you know, it's like a lot of things are Page 13 PC -26 July 21, 2020 coming on the backend to either ward off the Director's actions or something. I don't know, but it doesn't look good. And you know, you stated that you've tried to work with the neighbors and you've referred them to your insurance company. But, and you know, of course you're from the mainland, but as a local guy, telling a person, "Go work with my insurance company." It's like saying, talk to my lawyer, or you know, it's very impersonal. Yeah, but you might have had your heart in the right place, but it's very impersonal. Because we don't know. I mean, you talk to an insurance company and you don't know where that's going to go, right? You get one call, here, here, here, and it's not a neighborly thing to do. So you know, and of course this whole thing about the $3 million. You know, listing it. I don't know what your intention was, and it doesn't look good. But maybe your intentions were good. I really don't know. But you know, as far as I can tell you haven't done—well, you say you've been trying to work, you know, on getting financing. And we know how difficult it is to get financing. But aside from that, there's been nothing, you know. And then all we have are broken promises to the neighbors. So, you know, they're against you, and I would stand with you and against my own constituents if I felt you were in the right. But there were so many opportunities for you to, you know, work things out and demonstrate that you're a man of your word and you're a good neighbor. And it just didn't happen. I don't mean to offend you or anything like that, but that's my perspective, yeah. So I support the MR. TAI: Can I just say one thing? Like I said, now I realize what to do with the trees, I know very little about trees. And I can make a promise that I will keep Backyard Monkey on a maintenance contract for as long as I own the property because they are the expert. In fact, even within the Public Works Department, they don't have people who are really familiar with the trees. So this is a reputable company, and Mr. Barrios is, you know, certified. If I can make a promise that they will take care of all the things that need to be taken care of, which I don't know. And I have a property manager there. They need to tell me what's going on. That's what they're paid for, because I don't live here. So I'm saying that if one of the condition is to have a company or similar to Backyard Monkey—well, I like them. I like Mr. Barrios. Very thorough and he explained to me everything about trees. If I can make a promise that they will be kept on a maintenance contract— CHR KIERKIEWICZ: Mr. Tai, I'm sorry to interrupt you. We're going to have to do a quick recess to restart our captioning. We are in recess. Page 14 PC-26 July 21,2020 Recess: At 11:06 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 11:07 a.m. MR. TAI: I was saying that I will have a qualified company equivalent to Backyard Monkey. I would like to keep them. The contract is to maintain the property as long as I own it. Because I don't live here. I don't even know who to hire to cut trees, frankly. In fact, we didn't realize—I said go ahead find someone to do it. I'll pay half of it. At that time, I didn't really know, but no one responded to me. Because I don't live here. You go and find someone then tell me, you know, how much it is. And repeat that many times, you know. So, okay, I'm not going to talk about that, but if I agree to have a qualified arborist company to maintain the property as long as I own it so the Council can feel comfortable that it'll be taken care of. It's not I myself doing it. We have a property manager and we have a maintenance company specialized in trees. Anything that the neighbors object to, I will tell Backyard Monkey to do it because I wouldn't know, right? So all I'm saying is I don't know what's out there now. What they're complaining about. I really don't understand it, but Backyard Monkey would certainly understand and let them take care of it, and I'll pay for it. CHR. KIERKIEWICZ: Thank you, Mr. Tai. Kona, any questions for Mr. Tai? Go ahead, Ms. David. MS. DAVID: I don't have questions for Mr. Tai. But I just had a comment, and I wanted to confirm what I was thinking. First of all, thank you, Chair Chung, for his perception being that this is in his district, and I agree with what he said. And basically, I'm looking at this and I'm trying to—on this downzoning, this would not preclude and maybe this is a question for the Director. This would not preclude Mr. Tai from reapplying or if he sells the property to reapply for a subdivision again. Is that correct Director Yee? MR. YEE: Yes, someone can always apply for action with the Planning Department. MS. DAVID: Right. And so,just listening to the conversations going back and forth and the discussion, it seems to me that there has been adequate time with this particular applicant. And I think, and my concern is that in the time that we've been sitting here on this Council, I think we've had quite a few downzonings and that sort of thing that come before us. But most of the time, the applicant is really engaged in working with the Planning Department and has shown some effort in complying. And if they haven't been able to comply, they had some valid reasons for that. Page 15 PC -26 July 21, 2020 So I just needed to confirm that whatever happens after this downzoning, it does not preclude anyone, the applicant nor if he sells the property, from then to start with their own application down the road. So at this point in time I just want to express that; confirm that, and express my support for the position that Mr. Chung has taken on this. Thank you, I yield. CHR KIERKIEWICZ: Thank you, Ms. David. Anyone else in Kona? No? Okay. Matt, go ahead. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. What we're really talking about today, Mr. Tai is downzoning your property. You know, there's a lot of background information regarding trees, correspondence, but that's what we're talking about, is the downzoning. My question for Mike Yee is, there are other parcels around Mr. Tai's property. Even properties that adjoin his parcel that are zoned 1.5. And I'm wondering about your decision to only rezone or downzone Mr. Tai's property versus the other properties that are around his. MR. YEE: Yes, there are other properties surrounding it. More on, what's that street? Kapi`olani. I think this is the property I'm dealing with at hand. And so, yes, there are many actions I can take against a lot of different properties. I've got to start somewhere. Given the issues that I had at hand, this was the action I chose on this property. So I think it's difficult to sit there and say why wouldn't I take this action against all properties that may need this kind of action? Well, that becomes a daunting task. So the question becomes, am I being unfair about my Director initiated action on this one? MR. KANEALI`I-KLEINFELDER: I do like fairness. MR. YEE: Correct. And I think I laid the chips out here and we all have heard my position. You've heard from Mr. Tai's position. And now the Council can, you know, make your decision on it. I know it's a matter of perspective, but when we say we're downzoning, understand we're not downzoning from what's surrounding right now. We are reverting back to the original zone. So it's a matter of perspective but I'm not necessarily going to call it a downzone, necessarily. It depends on your perspective. MR. KANEALI`I-KLEINFELDER: We can call it a rezone? MR. YEE: I call it a reversion back to the original zoning. MR. KANEALI`I-KLEINFELDER: Reversion of zoning? Mr. Tai, where do you live? Page 16 PC -26 July 21, 2020 MR. TAI: I live in Honolulu, Round Top Drive, surrounded by trees; and also San Francisco. In fact, the last time I came to Hilo was the February 6h hearing. Before that I haven't been here for maybe a year -and -a -half. MR. KANEALI`I-KLEINFELDER: Where in San Francisco? Did you live downtown San Francisco? MR. TAI: Yeah, on Pacific Avenue. Pacific and Jones. Yeah, I bought it 20 years ago. I moved here because I retired, or semi -retired. MR. KANEALI`I-KLEINFELDER: You moved here? MR. TAI: Well, back and forth. By here, I mean Honolulu, not Hilo. I spend more time in Honolulu than in San Francisco. But I very seldom go out. MR. KANEALI`I-KLEINFELDER: What drew you to Hilo? MR. TAI: Semi -retirement. MR. KANEALI`I-KLEINFELDER: Anything special about Hilo versus San Francisco you like? MR. TAI: No this is just a property that I thought I can work with. I own six properties in Hilo from 2005 on. Now I still own two. The one on the corner of Haili and Keawe; a parking lot now. It used to be a Union 76. I also bought that in 2005. A long time ago. Okay, if I am a speculator, I would have done a lot MR. KANEALI`I-KLEINFELDER: I'm just trying to get a field for who you are. So I talked to Backyard Monkey, and he really is the authority on—not the authority, but an authority on trees. And I respect him, and he does good work. He said that your property, in his eyes, meets his recommendations in ensuring your neighbors' safety. And that you have worked with him to make sure he's clearing the boundary back. He also told me that he has cleared all the noninvasive species from the property, and I respect that. While leaving the, what I'd call the good trees; Lychee, Monkey Pod, Mango trees. Trees that I find to be useful and beautiful, as well as being older than some of the people in this room. MR. TAI: If you talk to him, then he'll tell you, I told him to do anything that is appropriate. Just do it. MR. KANEALI`I-KLEINFELDER: He did say that, and I do respect Justin Barrios. He's a good man. But anyway, what is your wanted outcome from this? Do you want the 1.5 zoning? You want the 7.5 zoning? Do you care? Page 17 PC -26 July 21, 2020 MR. TAI: I do want the 1.5 zoning, at least for four more years. Just give me a chance. I mean four more years go just like that. If I'm not successful, it will be reverting back to what Mr. Yee suggested. In fact, if reverted, it should RM to 1.5, you know, the original. What I'm saying is just give me four more years and that's it, you know? And what's four more years? It goes just like that. And I have to move quite fast and try to get funding. That's why I'm telling you, there's one good thing, because of the rental, (inaudible) rental housing fund. That's the State of Hawaii, they have like $200 million there to divvy out. Now, I'm not sure how much the County of Hawaii can get because we still have to fight for it. But at least, it's unlike the low income tax credit, which is Federal, is almost impossible to get, right? So seems like there's a chance. That's why I'm saying, give me a chance. Four more years and then I'm done, or you're done, and I have to reapply by that time. So I'm asking for four more years. MR. KANEALI`I-KLEINFELDER: Mike, so if we are just discussing a reconversion—what you call it? Reversion of zoning for this property. I'm just going to ask the question, because this is more where I come in. Why not all the other properties, even the parcels adjoining his parcel? Just because of his past? I'll put you on the spot, because you're putting us on the spot. MR. YEE: Well, I would have to go back to each of those properties to see, you know, when their zoning was created. And so I don't have that information to know each property and when that zoning was created. So, I can't answer that off hand. MR. KANEALI`I-KLEINFELDER: Okay, I yield, thank you. CHR KIERKIEWICZ: Thank you. Go ahead, Chair Chung. Oh, I'm sorry, you know what, Ms. Lee Loy had her light on. MR. CHUNG: Let me address this. CHR KIERKIEWICZ: Okay. MR. CHUNG: And, I mean, you know, I'm glad that Mr. Kaneali`i-Kleinfelder has spoken to the Backyard Monkey and your contractor. But at the same time, I would suggest that, you know, he go and take a look at the trees that are very nearby the neighboring properties. You know, because Backyard Monkey's abating some of the overhanging trees now. But at some point, they're going to come popping up again. And you know, that being said, I started off, well somewhere after my lighthearted comment that I disagreed with Mr. Yee on the affordable housing assessment. And I failed to say at the time that when Ms. Poindexter and Page 18 PC -26 July 21, 2020 Ms. Eoff were on the Council they had recognized the need for affordable housing in that area. And I'm prepared to defer to their wisdom at that time. I don't think anything's changed, quite frankly, Mike. And if you were coming here to say that affordable housing is inappropriate in that area, I would say and I did say earlier, I disagree with you. There's more to it than that. It has to do with compliance of conditions, and that's basically what it's all about. And I'm looking at you because you raised the question, you know, I mean I'm talking to him but you're the one who raised it. So, it has to do with compliance, nothing to do with the propriety of affordable housing. That's why you talked, you know, a lot about the need for affordable housing. I agree a hundred percent, right? And I disagree, so if Mike came in with a blanket on downzoning of all affordable housing zonings in that area, I would say, hey wait a minute, you cannot do that. You guys are off the track. And that's why I had to make the comment that I disagreed with him in that assessment earlier. Thank you. CHR KIERKIEWICZ: Ms. Lee Loy. MS. LEE LOY: Thank you Chair. And thank you, Chair Chung, because we put in these conditions of approval as guardrails to insure that we're actually getting what's being promised. And for me it's very simple. It is the noncompliance of the conditions of approval that was placed on the original zoning. And I know there's talk about downzoning. I've been doing this type of work for a long time. I don't see it as a downzoning. I see it as returning it back to its original zoning, which the Planning Director mentioned at the beginning of his presentation, which is exactly what the adjacent properties are. If there are other zoning, they may be in compliance with their zoning, but this one is not. And that's what we have before us. And even at 7.5 multi -family, you can still get housing at that density. And even the water commitments that you've provided, you'll actually have excess water because you based it on higher capacity. You'll still get affordable housing credits if you meet the AMI (Average Median Income) and there are options and ranges for that. But at the end of the day, I'm going to be supporting this bill because the failure of compliance with the original conditions of approval. And all too often, when we start we start a project, I always ask an applicant, every single applicant that comes before us. Since I've been on the Council is this, "Have you read the conditions of approval and do you agree with them?" And I get them on the record to say yes or no. When you sat before the Council when Ms. Poindexter was here, you agreed to those conditions. And what we're seeing is a failure or a noncompliance. And so, Page 19 PC -26 July 21, 2020 I'm going to be supporting the Director's decision, Bill 150. And I'm hopeful that everybody had their chance at this point where we can call for the question, Chair and move on. So with that, I yield. CHR KIERKIEWICZ: Thank you, Ms. Lee Loy. I'm sorry, Mr. Tai, you mic's not on. You're going to have to push the button on the base. MR. TAI: I'm sorry, if you return or downzone to me to me it's a downzoning to 7.5, I believe you can build 11 single-family homes. So 11 affordable rental homes versus 105. So there's a lot of difference there in terms of availability. CHR KIERKIEWICZ: Yeah, thank you. Anybody else have comments or questions they'd like to make? MR. KANEALI`I-KLEINFELDER: I have one follow-up question, Chair. CHR KIERKIEWICZ: Go ahead. MR. KANEALI`I-KLEINFELDER: Mike, am I reading this wrong? Ordinance No. 14-56. We granted an administrative time extension until May 12, 2024. It's in his document. Rezoning and property. Was that possible? I'm just making sure we're following our process here. MR. YEE: What are you looking at? MR. KANEALI`I-KLEINFELDER: I'm looking in the document that was provided to us about three pages in, past the map. CHR KIERKIEWICZ: The current ordinance. MR. KANEALI`I-KLEINFELDER: It shows all the zoning and the other properties around it. Item No. 5 in background information. MR. YEE: Item No. 5 in Background. Okay. MR. KANEALI`I-KLEINFELDER: The very bottom; last sentence. "On August 30, 2018, the Director granted an administrative time extension until May 12, 2024 to comply with conditions or Ord. No. 14-056." MR. YEE: Well, that's what it states, yes. MR. KANEALI`I-KLEINFELDER: What does that mean? Did I miss something? Page 20 PC -26 July 21, 2020 MR. YEE: Yeah, if you really want an answer, I'm going to request a recess so I can talk to staff real quick on this one. MR. KANEALI`I-KLEINFELDER: I just want to make sure. I mean, we're stating that he hasn't met the qualifications of what we're asking of him, but I just want to make sure. MR. YEE: And I want to be sure that this is correct, just in case. And you're going to rely on this, I want to be able to get to my staff and confirm this. MR. KANEALI`I-KLEINFELDER: I'd like to hope that we can rely on the bills that come before the Council. MR. YEE: So would I. MR. KANEALI`I-KLEINFELDER: Okay, yeah, if you want to take the time to check, go check. CHR KIERKIEWICZ: Okay, go ahead, Director Yee. We're in a recess. Recess: At 11:28 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 11:33 a.m. CHR KIERKIEWICZ: The Planning Committee is out of recess. We are back in session. MR. CHUNG: I think we have to wait until Mr. Kaneali`i-Kleinfelder comes back. MR. YEE: Michael Yee, Planning Director. Yes, the background report is accurate, and yes I did provide administrative time extension in August of 2018. So that is accurate, but again, I certainly have the authority to take action if I see noncompliance. So that's the bottom line. CHR KIERKIEWICZ: Matt, do you have any more follow-up questions for the Director? MR. KANEALI`I-KLEINFELDER: Mike, so we granted him an extension. The body is saying he hasn't met the obligations of the original ordinance. There are other properties in the area that are zoned to the same zoning, and we are looking at a bill to revert his zoning back to 7.5. And I do have to say, I am not a person who likes to bulldoze properties and build as many buildings as I can on them. That is not me. You know, my expectations Page 21 PC -26 July 21, 2020 are of proper buildup, but we do have to follow the process. And I'm still learning the process, but in this case, I feel like from what I'm hearing from the Council and from yourself and what I'm seeing in this bill are two separate things. MR. YEE: I think boiling it down to seeing noncompliance on this property is why I chose to take the action. If I have noncompliance on other properties that come up for an issue, I would certainly want to take the same action if it was appropriate. You know, I'm not looking at other properties currently right there. This issue bubbled up for many different reasons. And so again, yes, we granted an extension. But again, I'm bringing it back because I see noncompliance. MR. KANEALI`I-KLEINFELDER: So why did we grant the extension? MR. YEE: At that time, we didn't have all the issues bubbling up. Let's say for the flora issue. MR. KANEALI`I-KLEINFELDER: We reached back to 2005 and said he wasn't being a good neighbor, but in 2018, we granted an extension. Two years later, you're in front of us saying we should revert the zoning. MR. YEE: Yes, and I would sit here right now and say the action I'm taking today is appropriate. MR. KANEALI`I-KLEINFELDER: Okay, thank you. CHR KIERKIEWICZ: Okay, go ahead Val. MS. POINDEXTER: Yeah, and I agree with the Director. Because, yeah, they may have granted the extension, but there was no movement on his part until he started getting threatened that—or he felt threatened that it would revert. So again, you know, I agree with the Director's decision in this. Because it's like pulling teeth. And you know, the owner of the property keeps saying if the Council wants to support affordable housing, and you know, all these buzz words of workforce housing; affordable housing. I just don't like when they throw that. And I've said this before the Council many time. Affordable housing isn't affordable for our local people. I'd like to know from the property owner, what do you think is affordable? No, the amount. Can you press the button on the bottom? Tell me what amount is affordable for you. MR. TAI: Okay, here the plan was to build no more than AMI, 80 percent. MS. POINDEXTER: Okay, I want to know what is the cost of affordable to you, because you kept saying affordable rentals? Page 22 PC -26 July 21, 2020 MR. TAI: Yes, affordable rentals based on the HUD (Housing and Urban Development) guidelines. MS. POINDEXTER: So you're going to build rentals, okay. MR. TAI: All rentals, absolutely. These are all rentals based on the HUD guidelines, and they're going to be based on the 80 percent AMI; on no more than 80 percent. That means from 30 percent to MS. POINDEXTER: Okay, I get that. I was trying to get a number from you if you're doing homes or whatever. But, yeah, and then okay, I'm moving away from what really the problem is. The problem is noncompliance. And if we have to babysit developers, that's where it drives me crazy. So I'm glad we're starting to put our foot down on all this unnecessary babysitting. Okay, because every four years Administration has a chance of changing. The Planning Directors a lot of time hopefully will stay, you know, more than four years. But chances are it changes all the time. So when we talk about trying to hold everybody into compliance, sometimes it's so difficult, because whoever comes in new as a director got to start all over again, yeah? So I'm glad that this Director is starting something. Because in the eight years, it's going to be eight years I'm on here, I'm really feeling a lot more comfortable that the Planning Department is moving in the right direction. Because if not, this entire island will be disastrous. We're trying to have and force and hold people's feet to the fire to be in compliance. So I am definitely in support of this, and I thinkI was going to call for the question, but Chair, this is your district and I definitely respect everything our Chair Chung has said, and he knows his district well. So, thank you, I yield at this time. Thank you, Madam Chair. MR. TAI: May I have two minutes, please? CHR KIERKIEWICZ: No, I'm sorry. I'm going to move to Chair Chung. MR. CHUNG: First of all, I don't know if it's on anyone's minds, but I just wanted to dispel any notion that, you know, I might be behind this downzoning. Mike, have I ever discussed this matter with you in any way, shape or form? MR. YEE: We've never once had a conversation on this. MR. CHUNG: Okay. Alright. Yeah, I mean so, you know, this isn't something that I had approached the Planning Director or anything like that. You know, it Page 23 PC -26 July 21, 2020 may have come from the community, I really don't know. But at the same time, you know, I have to stress that this has to do, as Ms. Poindexter pointed out, with a noncompliance issue. Now, you know, we all have our own thresholds with regard to what is going to trigger, you know, this kind of action in terms of noncompliance. And you know, I'm pretty relaxed, depending on the circumstances, right? But I still wanted to make sure that we look solely at the noncompliance as opposed to the use of the land, because I still stand by the decision that Ms. Poindexter and Ms. Eoff made, you know, in 2014. That still is valid, I believe, and I would have deferred to that had these noncompliance issues not come popping up. But that's all I have to say really, thank you. CHR KIERKIEWICZ: Any other questions or comments? MR. TAI: Can I have two minutes? CHR KIERKIEWICZ: I'm sorry we are point at deliberating. Ms. Eoff, go ahead. MS. EOFF: Thank you. No, and I don't exactly remember when this project was presented. But of course, you know, when you want to believe in the good faith proposal and opportunity to get affordable, whether it be apartments or housing, we wanted to support that. But we also want to make sure that when we do that, that the proposal presented is actually the plan that's going to be taken forward. And I guess there's been enough instances with this particular property that have shown the contrary. Not good faith; no movement, you know, nonresponsive to the neighbors, concerns over the years. I mean, I think in defense of Mr. Yee, you know, he's making a decision here that kind of validates what our process is all about. Because we have to be able to trust each other and believe each other. And if someone's going to come forward later on with a new project for this property then that would be considered the realistic decision-making point at that time. But we can't just keep sticking to something that shows no future. No future of a real end result. So I know this is a tough one, and I've listened to what everybody else has had to say. And I'm thankful that we're having this discussion. And this is committee so, I would like to move forward with supporting the recommendation of the Director. CHR KIERKIEWICZ: Thank you, Ms. Eoff. Anyone else in Kona? No? Okay, we have had a very robust conversation on this measure. And I think, you know, I think the lack of timely action when these ordinances were approved on your part, Mr. Tai, is at the crux of all of this; the failure of noncompliance. And so, to ask us to give you another chance that you promise to do things the ordinance Page 24 PC -26 July 21, 2020 that you have right now is that promise. It was binding and there was failure to act until the Planning Department initiated you and threatened to revert the zoning. And so, I think we are all in agreement in kind of supporting the direction where the Director wants to take us with this property. We will be taking a vote, and there are going to be two more readings before the Council. And then at that point, you know, depending on how it shakes out if this bill is approved, it reverts back to prior zoning. And I think a really good faith step on your part is to continue to engage Backyard Monkey, and insure that the flora situation on the property is deemed safe for neighboring properties, so as to build friendly neighborhood relations. And you know, with that said, we've got a motion on the floor to forward Bill 150 to the Council with a positive recommendation. All in favor please say "aye." Vote on Bill 150: The motion to recommend passage of Bill 150 on first (Approved) reading was carried by the following voice vote. Ayes: Committee Members Chung, David, Eoff, Lee Loy, Poindexter, Richards, Villegas, and Chair Kierkiewicz — 8. Noes: Committee Member Kaneali`i-Kleinfelder —1. Absent: None. Excused: None. CHR KIERKIEWICZ: The bill will be forwarded to Council with a positive recommendation. Thank you, Mr. Tai for your time. MR. TAI: May I ask a question? In terms of an Administrative question. CHR KIERKIEWICZ: I'm sorry, maybe we can take that off line. MR. TAI: Yeah, I just haven't gone through this. What's happening next? I'm sorry. CHR KIERKIEWICZ: So to reiterate, now that this has been discussed by the Planning Committee, the next step is to make a determination at our next scheduled Council Meeting, which I believe is set for August 5h, Wednesday. There are two readings before it officially becomes law and adopted. MR. TAI: I see. So the one in August and then another one? CHR KIERKIEWICZ: In mid-August. I don't know the date off the top of my head. Mr. Clerk? The first one is August 5h and the second and final reading on this measure would be Page 25 PC -26 July 21, 2020 MR. BROWN: August 19'', Chair. CHR KIERKIEWICZ: August 19'h MR. TAI: I see. So I still can still approach the Council here? CHR KIERKIEWICZ: You may, and my office will be in communication with you to let you know about the dates and the times. MR. TAI: Okay, you know, and also have one more question. CHR KIERKIEWICZ: I'm sorry, you know, I've given you a lot of latitude, but we have concluded discussion of your measure and we have to move on with the rest of today's business. MR. TAI: No, nothing to do with this, I'm just talking about, if everything was done and it's been downzoned can I apply again? CHR KIERKIEWICZ: Yes, Mr. Tai, you may. MR. TAI: Yeah, okay, that's all I need to know. Thank you. CHR KIERKIEWICZ: Thank you. Mr. Clerk, if we could move on to the next bill before us? Bill 180: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL — 10,000 SQUARE FEET (RS -10) TO GENERAL COMMERCIAL — 20,000 SQUARE FEET (CG -20) AT WAIAKEA HOUSELOTS 2ND, WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-021:008 (Applicant: Ted Tran/Tran-Tonnu Family Trust) (Area: 20,812 square feet) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to develop a 9,500 square -foot warehouse building with three 720 square -foot food stalls and a 17 -stall parking lot. The property is located at 78 Lanihuli Street, approximately 150 feet northeast of its intersection with Kino`ole Street. Reference: Comm. 990 Intr. by: Ms. Kierkiewicz (B/R) ; and Page 26 PC -26 July 21, 2020 Comm. 990.1: From Planning Director Michael Yee, dated June 29, 2020, transmitting the draft transcript from the Windward Planning Commission's June 4, 2020, meeting. CHR KIERKIEWICZ: Thank you, may I have a motion to forward Bill 180 to the Council with a positive recommendation? Motion to Approve: Ms. Lee Loy moved to recommend passage of Bill 180 on first reading. Seconded by Ms. Poindexter. CHR KIERKIEWICZ: Thank you, if I could call forward the applicant and/or the representative? (Note: At this time, Planning Director Michael Yee and Jelena Clay of Clark Realty, representative for the applicant, came forward to address the members of the Committee.) MR. YEE: Planning Director, Michael Yee. CHR KIERKIEWICZ: Thank you. MR. YEE: I promise this will be a little more straight forward. So again, this is one where we have zoning that surrounds it that is similar and we are looking at zoning to provide these kinds of services in the area. But I'll let the applicant talk more about it. CHR KIERKIEWICZ: Okay, if you could go ahead and turn on the mic and introduce yourself for the record? MS. CLAY: My name is Jelena Clay and I assisted Mr. Tran with the application. CHR KIERKIEWICZ: Thank you, Jelena. You want to provide the Council with a quick overview of what your request is before us today? MS. CLAY: It's rezoning from RS -10 (Residential) to CG -20 (Commercial). And around the area, it's been in progress of changing to CG -20. I would say, it's about half -half. Residential converting to commercial. And it'll be a warehouse with food stalls. CHR KIERKIEWICZ: To service the University which is in close proximity? MS. CLAY: Sure, yes. CHR KIERKIEWICZ: Great. Anything else? Page 27 PC -26 July 21, 2020 MS. CLAY: No. CHR KIERKIEWICZ: Alright. Very straight forward. Ms. Lee Loy. MS. LEE LOY: Thank you. Thank you for being here. Contained within Bill 180 is a number of conditions of approval. Have you read the conditions of approval? And as the applicant, will you make representatives to comply with those conditions of approval? MS. CLAY: Yes. MS. LEE LOY: Thank you very much. MS. CLAY: That was a good lesson on the last one. MS. LEE LOY: Chair, I yield. CHR KIERKIEWICZ: Ladies in Kona, do you have any questions or comments? No? Okay. Anyone here? Mr. Richards, MR. RICHARDS: I just want to verify that this is in Councilwoman Lee Loy's district so we don't have this territorial turf. MR. CHUNG: No, my district. MR. RICHARDS: I yield. CHR KIERKIEWICZ: Thank you for setting the record straight. I just have a question around, you know, do you think that your plans to move forward on this project are in any way kind of impeded by the pandemic that we are facing? MS. CLAY: No. He's waiting for approval to start with the plans. You're okay? He's ready to go. CHR KIERKIEWICZ: Okay, great. MS. CLAY: And he's maintained the property. The funny thing is his legal first name is "Tai". So we were confused when that first came up. I was like, where are these trees at? He's been manicuring the property and it's well maintained, and he's ready to go. CHR KIERKIEWICZ: Sorry to scare you back there. MS. CLAY: We did, we were like, wait a minute. Where is this coming from? Page 28 PC-26 July 21,2020 CHR. KIERKIEWICZ: Okay, well thank you. Thank you very much for your commitment and for making this investment in our community. Seeing no other questions or comments on the floor, we have a motion on the floor. All in favor to move Bill 180 forward to the Council with a positive recommendation, please say"aye." Vote on Bill 180: The motion to recommend passage of Bill 180 on first (Approved) reading was carried by the following voice vote. Ayes: Committee Members Chung, David, Eoff, Kaneali`i-Kleinfelder, Lee Loy, Poindexter, Richards, Villegas, and Chair Kierkiewicz—9. Noes: None. Absent: None. Excused: None. CHR. KIERKIEWICZ: Motion carries. Thank you, Jelena, for being here. MS. CLAY: Thanks. Thank you very much. ADJOURN- There being no further business, at 11:52 a.m., Ms. Lee Loy moved to adjourn MENT: the meeting. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Committee Members Chung, David, Eoff, Kaneali`i-Kleinfelder, Lee Loy, Poindexter, Richards, Villegas, and Chair Kierkiewicz—9. Noes: None. Absent: None. Excused: None. CHR. KIERKIEWICZ: Motion carries. Planning is adjourned. Approved: 7 ?�0 0 Ms. AsNi,ierkiewicz, Chair ( ate) Planning Committee AK/dt Page 29