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HomeMy WebLinkAboutMIN PC 2020/08/18 2018-2020Committee on Planning 28th Session Hawaii County Building 25 Aupuni Street Hilo, Hawai i August 18, 2020 CALL TO The regular meeting of the Committee on Planning was called to order at ORDER: 10:17 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) Mr. Herbert M. "Tim" Richards, III, Member Ms. Rebecca Villegas, Member (via videoconference from Kona) Absent & Excused: Ms. Valerie T. Poindexter, Member STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS: COMMUNI- CATIONS: Comm. 1027 The Chair directed the Committee to proceed to the next order of business, Statements from the Public on Agenda Items. (There were none.) CHR KIERKIEWICZ: Thank you. Seeing as there is no testimony, I will be closing public testimony at this time and moving on to business of the day. Mr. Clerk, if we could start with the Communications, please? The Chair directed the Committee to proceed to the next order of business, Communications. APPOINTMENT OF BARBARA DEFRANCO TO THE LEEWARD PLANNING COMMISSION From Mayor Harry Kim, dated July 31, 2020, submitting for the Council's review and confirmation. Requires Council Confirmation by: September 13, 2020 (Section 13-4(1), Hawaii County Charter) PC -28 August 18, 2020 Vote on Comm. 1027: Ms. David moved to recommend confirmation of the (Approved) appointment of Ms. Barbara DeFranco to the Leeward Planning Commission. Seconded by Ms. Eoff and carried by the following voice vote: Ayes: Committee Members Chung, David, Eoff, Richards, Villegas, and Chair Kierkiewicz — 6. Noes: None. Absent: Committee Members Kaneali`i-Kleinfelder, Lee -Loy, and Poindexter and — 3. Excused: None. Executive Assistant to the Mayor Rose Bautista came forward and provided a brief narrative of the nominee. Committee Members spoke in favor of the appointment. Chair Kierkiewicz informed Ms. DeFranco that she does not need to appear before full Council for final confirmation. CHR KIERKIEWICZ: Mr. Clerk, moving on to Order of Resolutions, please? ORDER OF The Chair directed the Committee to proceed to the next order of business, Order RESOLUTIONS: of Resolutions. Res. 694-20: AMENDS A RESOLUTION AUTHORIZING THE EXEMPTION OF CERTAIN CODE REQUIREMENTS, PURSUANT TO SECTION 201H-38 OF THE HAWAII REVISED STATUTES, FOR WEST HAWAII SENIOR LIVING IN NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-017:005 Kuakini Highway 75-6099 Corp. seeks exemptions from Condition C and Condition P of Ordinance No. 06-78 and exemptions from certain permit and inspection fees and parking requirements to develop affordable senior housing and care campus rentals. Reference: Comm. 1013 Intr. by: Ms. Kierkiewicz (B/R) Postponed: August 4, 2020 (Note: There is a motion by Ms. Lee Loy, seconded by Mr. Chung, to recommend adoption of Res. 694-20.) CHR KIERKIEWICZ: At the August 4t' committee meeting, we had a very robust discussion about this resolution. And I just want to note the presence of Mr. Sid Fuke. He is here on behalf of the applicant, as well as Jeff Darrow from the Planning Department. Page 2 PC -28 August 18, 2020 But one of the key questions that was brought forward by Ms. David was, because there was an existing resolution related to this project, I believe the reso number is 281-14. She wanted the legal opinion of our Corporation Counsel, and so we have Joe here. And so Joe, for the record, if you could share with us, you know, your recommended approach for how we proceed. In my mind, it's much cleaner to rescind what's on the books and to start fresh with a new document rather than trying to tinker with another resolution, but just wanted to confirm that. (Note: At this time, Corporation Counsel Joseph Kamelamela came forward to address the members of the Committee.) MR. KAMELAMELA: Joe Kamelamela, Corp. Counsel. Yes so, I was actually listening last time, you know, to what was happening. So the cleaner approach right now, and we're still working on it, is to rescind the prior resolution; have another resolution that's a lot cleaner. And so for this resolution that we have on the table, to withdraw this. And that way, we start the clock over again, as to when the Council takes action. CHR KIERKIEWICZ: Okay, thank you, Joe. And I just want to get some clarity because I know with 201H applications, there is a 45 -day window in which the legislative body of the County, the Council, must take action. And there's three actions we can take. Approve, approve with modifications, or disapprove. MR. KAMELAMELA: Right. CHR KIERKIEWICZ: When exactly does that clock start clicking? Is it when we hear it at Council, or when the resolution is filed with the County? MR. KAMELAMELA: So the way we, you know, look at this is when a resolution is actually filed. You know, to take action. CHR KIERKIEWICZ: Filed with the Clerk's Office, scanned into our system, numbered? MR. KAMELAMELA: Yeah. CHR KIERKIEWICZ: Okay, thank you. I just wanted to make sure that was clear. So, that we're giving ourselves enough time to thoroughly review and make, you know, thoughtful decisions around what's before us. MR. KAMELAMELA: Correct. CHR KIERKIEWICZ: Thank you. Does anyone have any questions for Joe, Sid, or Jeff? Page 3 PC -28 August 18, 2020 MS. DAVID: Chair Kierkiewicz? CHR KIERKIEWICZ: Ms. David. MS. DAVID: Yes, thank you. Just a real quick one. I just wanted to say mahalo to Mr. Kamelamela for bringing that forward and clarifying the question from our last meeting. So Mr. Kamelamela, thank you very much. CHR KIERKIEWICZ: Thank you, Ms. David for asking it. Any other questions or comments? If not the plan is going to be to withdraw this particular resolution. And as Mr. Kamelamela shared with us, rescind 281-14 and work on a brand new resolution related to this project. MR. KAMELAMELA: Correct. CHR KIERKIEWICZ: Okay. Any other questions or comments? Seeing none. MS. VILLEGAS: Yes, sorry Ashley. CHR KIERKIEWICZ: Ms. Villegas, go ahead. MS. VILLEGAS: Yes, I just wanted to thank Mr. Fuke for reaching out to me and for sharing the news from the property owner and their willingness to work with us on some of these exemptions that had been requested. And to thank you for that and for your patience with my response, having been ill last week. So, I'm grateful that this is going to kind of go back to the drawing board. We'll get all the names succinct; and yeah, be able to work further on this as a more cleaned -up version. So thank you for that, Mr. Fuke. CHR KIERKIEWICZ: Thank you, Ms. Villegas. Anything else? Mr. Fuke, thank you for working with my office, with Council Member Villegas, Office of Housing and Community Development to make sure that we have a resolution that is clear and something that we can all get behind. So we look forward to working with you. Mr. Clerk, since I am the introducer of this particular resolution, may I withdraw the resolution, or does that need to come from somebody else because I'm chairing the committee? MR. BROWN: Being that there is a motion on the floor by Ms. Lee Loy, I think it's cleanest if should Council Member Lee Loy want to withdraw the motion first and then we could withdraw the reso. Then that would kind of take care of both the motion and the reso. At that time, I'm not sure being that Ms. Lee Loy is not here, if we wanted to table that? Page 4 PC -28 August 18, 2020 CHR KIERKIEWICZ: That's fine, we can table this matter until Ms. Lee Loy is back in the room. MR. BROWN: I think that's the best way to do it just to make sure that everything is clean. Table Res. 694-20: CHR KIERKIEWICZ: Sure, no, we appreciate your advice, thank you. So at this time, I'm going to lay Res. 694-20 on the table. Thank you, Joe. And then, Mr. Clerk, when you are ready we can move on to Bills for Ordinance. BILLS FOR The Chair directed the Committee to proceed to the next order of business, ORDINANCES: Bills for Ordinances. Bill 183: AMENDS ORDINANCE NO. 10-19 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL — 1 ACRE (A -la) TO NEIGHBORHOOD COMMERCIAL — 20,000 SQUARE FEET (CN -20) AT PONAHAWAI, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-3-037:019. (Abblicant: Brian Suizai) (Area: 43.560 Sauare Feet) The Windward Planning Commission forwards its favorable recommendation for this amendment, which would allow a six-year time extension to Condition D (Time to Complete Construction). The applicant plans to develop an 8,900 square -foot, two-story office building, including one residential unit and a 36 -stall parking lot. The property is located adjacent to the Alenaio drainage channel on the east side of Komohana Street approximately 700 feet south of the Komohana Street-Ponahawai Street intersection. Reference: Comm. 1024 Intr. by: Ms. Kierkiewicz (B/R) ; and Comm. 1024.1: From Planning Director Michael Yee, dated July 29, 2020, transmitting the draft transcript from the Windward Planning Commission's July 2, 2020, meeting. CHR KIERKIEWICZ: Thank you, Mr. Clerk, can I have a motion to forward Bill 183 to the Council with a positive recommendation? Motion to Approve: Mr. Chung moved to recommend passage of Bill 183 on first reading. Seconded by Mr. Richards. CHR KIERKIEWICZ: Mr. Fuke, if I could call you forward please, and provide us with an overview of the request from Dr. Sugai? That would be great. Thank you. (Note: At this time, Planning Consultant Sidney Fuke came forward to address the members of the Committee.) Page 5 PC -28 August 18, 2020 MR. FUKE: Sure. Good morning, Madam Chair and members of this body. My name is Sidney Fuke. I'm a planning consultant representing the applicant, Dr. Brian Sugai. The intent behind Dr. Sugai, who's a local podiatrist was to relocate his office from his current location to the subject site. So he had the property rezoned back in March 2010 when the zoning was approved with the condition that the building be constructed, you know, after an administrative time extension within the ten-year period. So he aggressively tried to do that. He secured the building permit plan approval back in 2011. The plans reflected curb -gutter -sidewalk fronting Komohana Street, restricted, access from Komohana Street. When he was ready to do it the financing just kind of fell apart. Resurrected the project back again in 2014; got all of the permits approved and then the second bad thing happened, which was he had a dispute with the contractor. And after a protracted, you know, litigation it was finally resolved in 2019, got the grading permit approved. The grading is already done, but he can't—and the building permit was all approved. He now got his financing in place, and the bank has told him like, subject to your getting this time extension, that the loan would be consummated. So hopefully, as the old adage goes, the third time is the charm. And so, we're looking forward to your favorable action on this request. Thank you. CHR KIERKIEWICZ: Thank you, and I will note that there was a positive recommendation from the Planning Commission. Any questions for Mr. Fuke? We also have Jeff Darrow from the Planning Department here and ready to answer questions. MR. CHUNG: I support it. I mean, I just recently saw maybe about a month or two months ago that there was some clearing, right? And I mean, I didn't know that this was coming up, but I just noticed that. So I guess, that's the first phase to where it's getting something done. MR. FUKE: He actually already has the pad constructed on the backend of the property. MR. CHUNG: Yeah, very noticeable. The grubbing or grading or whatever was done. Alright, yeah, I'm okay with this. CHR KIERKIEWICZ: Thank you, Mr. Chung. Anyone else? Anyone in Kona have any questions or comments? MS. DAVID: No, Madam Chair. Thank you. CHR KIERKIEWICZ: Okay, thank you. Mr. Fuke, you know, I just wanted to be crystal clear here. You know, the Planning report mentioned there being some Page 6 PC -28 August 18, 2020 misunderstandings and issues in the past. But just wanted to make sure, all of that is now clear, full -steam ahead, and that the applicant has financing to move forward. It seems like based on Planning Commission minutes that you were confident that this could get done in the next couple of years. MR. FUKE: Correct, yes. CHR KIERKIEWICZ: Okay, great. And your client is okay with the additional water commitments? MR. FUKE: That's correct. CHR KIERKIEWICZ: Okay, awesome. Seeing no other questions or comments, we have a motion on the floor. All in favor please say "aye." Vote on Bill 183: The motion to recommend passage of Bill 183 on first (Approved) reading was carried by the following voice vote. Ayes: Committee Members Chung, David, Eoff, Kaneali`i-Kleinfelder, Lee Loy, Richards, Villegas, and Chair Kierkiewicz – 8. Noes: None. Absent: Committee Member Poindexter –1. Excused: None. CHR KIERKIEWICZ: Thank you, Mr. Fuke. MR. FUKE: Thank you. CHR KIERKIEWICZ: Mr. Clerk, if we could go back to an item that was laid on the table. I believe I need a motion. MS. LEE LOY: Motion to remove Resolution 694-20 from the table. CHR KIERKIEWICZ: Thank you, do I have a second? MR. BROWN: So because I didn't catch—we actually should have made a motion to lay it on the table, which we did not have, but we can by proper procedure. Because we missed it, we could bring the motion to bring it back off the table, yes. Bring it back to the floor. So, please carry on. CHR KIERKIEWICZ: Okay, thank you. That motion was made by Page 7 PC -28 Vote on Motion to Remove from Table (Approved): Withdraw Motion (Approved) August 18, 2020 Ms. Lee Loy moved to remove Res. 694-20 from the table. Seconded by Mr. Richards and carried by the following voice vote Ayes: Committee Members Chung, David, Eoff, Kaneali`i-Kleinfelder, Lee Loy, Richards, Villegas, and Chair Kierkiewicz — 8. Noes: None. Absent: Committee Member Poindexter —1. Excused: None. CHR KIERKIEWICZ: Motion carries. Resolution 694-20 is off the table and back on the floor for discussion. Thank you. Ms. Lee Loy, go ahead. MS. LEE LOY: I believe the next step would be to withdraw Resolution 694. Or withdraw the motion on Resolution 694-20. Ms. Lee Loy moved to withdraw the motion to approve Res. 694-20. Seconded by Mr. Richards and carried to by the following voice vote. Ayes: Committee Members Chung, David, Eoff, Kaneali`i-Kleinfelder, Lee Loy, Richards, Villegas, and Chair Kierkiewicz — 8. Noes: None. Absent: Committee Member Poindexter —1. Excused: None. CHR KIERKIEWICZ: Okay, officially withdrawing Res. 694-20. Thank you very much. May I have a motion to adjourn Planning Committee? Page 8 PC-28 August 18,2020 ADJOURN- There being no further business, at 10:37 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, Villegas, Richards, and Chair Kierkiewicz— 8. Noes: None. Absent: Committee Member Poindexter— 1. Excused: None. CHR. KIERKIEWICZ: We are adjourned. Thank you so much, take care. Approve• N 1 10 Ms. Ashley L. Kierkiewicz, Chair (Date) Planning Committee AK/dt Page 9