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HomeMy WebLinkAboutMIN PC 2020/10/20 2018-2020Committee on Planning 31st Session Hawaii County Building 25 Aupuni Street Hilo, Hawai i October 20, 2020 CALL TO The regular meeting of the Committee on Planning was called to order at ORDER: 2:05 p.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 Mr. Herbert M. "Tim" Richards, III, Member Ms. Rebecca Villegas, Member (via videoconference from Kona) Absent & Excused: Ms. Valerie T. Poindexter, Member 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: (There were none.) CHR KIERKIEWICZ: Thank you so much, closing public testimony at this time and moving on to Bills for Ordinances. 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.) BILLS FOR The Chair directed the Committee to proceed to the next order of business, ORDINANCES: Bills for Ordinances. PC -31 October 20, 2020 Bill 197: AMENDS THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAII BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE URBAN DISTRICT AT WAIKOLOA, SOUTH KOHALA, HAWAII (TAX MAP KEY: 6-8-002:057) ; and Bill 198: AMENDS SECTION 25-8-7 (NORTH & SOUTH KOHALA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (0) AND RESIDENTIAL & AGRICULTURAL —ONE ACRE (RA -la) TO VILLAGE COMMERCIAL — 10,000 SQUARE FEET (CV -10) AT WAIKOLOA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 6-8-002:057 (Applicant: Danny Julkowski [Pua Melia LLC 1,) (Area: 11.707 Acres) The Leeward Planning Commission forwards its unfavorable recommendation for this amendment to the State Land Use Boundaries Maps and change of zone, which would allow the applicant to build a proposed affordable housing development, three lots of commercial development, and five lots to be sold for commercial development. Reference: Comm. 1075 Intr. by: Ms. Kierkiewicz (B/R) ; and Comm. 1075.1: From Planning Director Michael Yee, dated September 23, 2020, transmitting the draft transcript from the Leeward Planning Commission's August 20, 2020, meeting. CHR KIERKIEWICZ: Thank you Mr. Clerk, can I have a motion to forward Bill 197 to the Council with a positive recommendation? Motion to Approve: Ms. Lee Loy moved to recommend passage of Bill 197 on first reading. Seconded by Mr. Richards. CHR KIERKIEWICZ: I was contacted by a representative of the applicant, Mr. Clerk. At this time, they're requesting to postpone both Bill 197 and Bill 198 to the late January meeting. So if my colleagues are not opposed, I would like a motion to postpone until January 19, 2021. Motion to Postpone: Ms. Lee Loy moved to postpone Bill 197 to January 19, 2021. Seconded by Mr. Richards. CHR KIERKIEWICZ: Any discussion? Page 2 PC -31 October 20, 2020 MR. KANEALI`I-KLEINFELDER: Yes. CHR KIERKIEWICZ: Yes, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: What was the purpose of the postponement? CHR KIERKIEWICZ: It just said that they needed to postpone until late January. MR. KANEALI`I-KLEINFELDER: Did they give you a reason? CHR KIERKIEWICZ: No, just apparently they just needed a little bit more time. There was an unfavorable recommendation by the Planning Department, so I'm going to assume that they are trying to work things out with Planning. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. CHR KIERKIEWICZ: We have a motion on the floor. All in favor to postpone Bill 197 please say "aye." Vote on Motion The motion to postpone Bill 197 to January 19, 2021, to Postpone: was carried by the following voice vote. (Approved) 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 to forward Bill 198 to Council with a positive recommendation? Motion to Approve: Ms. Lee Loy moved to recommend passage of Bill 198 on first reading. Seconded by Mr. Richards. CHR KIERKIEWICZ: Again, looking to postpone this measure to January 19, 2021. All in favor to postpone. Page 3 PC -31 Vote on Motion to Postpone: (Approved) Ms. Lee Loy moved to postpone Bill 198 to January 19, 2021. 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 January 19, 2021 Planning Committee. on to the next Bill for Ordinance. October 20, 2020 Both Bill 197 and 198 are postponed to Thank you, Mr. Clerk, if we could move Bill 199: AMENDS CHAPTER 25, ARTICLE 1 AND ARTICLE 5, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PRIMARY AIRPORTS (Planning Director Initiated) The Windward and Leeward Planning Commissions forward favorable recommendations for this amendment which would establish a "Primary Airport" land use within the Limited Industrial and General Industrial zoning districts, provide a definition of a Primary Airport, and identify accessory uses. Reference: Comm. 1076 Intr. by: Ms. Kierkiewicz (B/R) ; and Comm. 1076.1: From Planning Director Michael Yee, dated September 23, 2020, transmitting the draft transcript from the Leeward Planning Commission's August 20, 2020, meeting. CHR KIERKIEWICZ: I've just been informed by staff that we need to take a quick recess to deal with some technical issues, so we are in recess. Recess: At 2:09 p.m., the Chair called for a recess. Reconvene: The meeting reconvened at 2:10 p.m. CHR KIERKIEWICZ: Thank you for your patience, we are back from recess. At this time, can I have a motion to forward Bill 199 to the Council with a positive recommendation? Motion to Approve: Mr. Richards moved to recommend passage of Bill 199 on first reading. Seconded by Ms. Lee Loy. Page 4 PC -31 October 20, 2020 CHR KIERKIEWICZ: I believe Planning Director Yee and Jeff Darrow are here to provide us with a presentation on this Planning Director initiated amendment to the Zoning Code. Gentlemen, please introduce yourselves for the record and provide us an overview of today's request. Thank you. (Note: At this time, Planning Director Michael Yee and Planning Program Manager Jeff Darrow came forward to address the members of the Committee.) MR. YEE: Michael Yee, Planning Director. MR. DARROW: Jeff Darrow, Planning Program Manager with the Planning Department. CHR KIERKIEWICZ: Thank you, and it's my understanding that you also have folks in Kona. MR. YEE: Well, not the Planning Department. We have airport representatives there that can speak a little bit too, if you have questions for airports, since they are the primary beneficiary of this bill. CHR KIERKIEWICZ: Okay, thank you, Mr. Yee. MR. YEE: Jeff, a quick recap for them. MR. DARROW: Okay. Aloha, Madam Chair and Council Members. Several years ago, we were approached by members of the Department of Transportation, Airports Division, requesting assistance in trying to help with their master planning, mainly for the Kona Airport, to be able to establish a conference center as well as a hotel. We looked at a number of options including rezoning of particular areas. Currently, a majority of the Kona Airport area is zoned General Industrial which is very limited when it comes to particular types of uses like hotels or conference centers. So they were looking at that possibility. They also were looking at—we threw around the idea of even considering a new zoning designation, but we thought that might be a little overboard for just dealing with a specific issue as this. The other option was to—in the Zoning Code, it allows the opportunity for the Planning Director to identify particular types of uses in buildings that are normally accessory to a type of use as being permitted. And we felt like there was a line and we thought we might be crossing it if we were starting to say that hotels were part of those types of accessory uses. Page 5 PC -31 October 20, 2020 So I think that in talking with the Director and the Deputy and staff, that this option of coming up with a definitive definition of primary airports including the accessory uses that are normally considered accessory with that type of airport seemed like a good solution. It doesn't resolve everything because there are still steps that they're going to have to go through, but it will resolve the issue regarding zoning. It'll allow them to move forward with their master planning. Kona Airport is within the SMA (Special Management Area), so any type of major construction will require further review through an SMA permit. There are other areas that are part of the Kona Airport area that are zoned Conservation and Open. And so part of their Master Plan includes these particular areas, so if they're looking at developing those areas, they will have to go through those processes as well. CHR KIERKIEWICZ: Thank you, Mr. Darrow. Director Yee. MR. YEE: So I want to add just a highlight. Again, when I first started in 2017, I had meetings with the airports regarding the implementation of the Master Plan. So some of the opposition talked about this just being sprung up. Why was this being sprung up during COVID and stuff? These conversations around how we could help implement the Master Plan started years ago, not recently. So I just wanted to make sure you understood that. I may have some more comments later. CHR KIERKIEWICZ: Thank you. And I wanted to go ahead and invite folks that are in Kona from Airports to come forward and provide some comments as well, if that's possible. I think Chauncey Wong Yuen is there is Kona. If you could turn your mics on, introduce yourselves for the record, and just provide an overview of the Master Plan and this being, you know, a critical step for implementation? (Note: At this time, State of Hawaii Department of Transportation, Airports District Manager Chauncey Wong Yuen and Kona Airport Property Manager Craig Bisgard came forward to address the members of the Committee.) MR. BISGARD: Good afternoon this is Craig Bisgard. I am the Property Manager for Kona Airport. MR. WONG YUEN: Aloha, Chair Kierkiewicz and Council Members. Thank you. My name is Chauncey Wong Yuen, Hawaii Airports District Manager, State of Hawaii Department of Transportation. I guess, if okay, I'll continue on with some brief comments. Page 6 PC -31 October 20, 2020 Thank you so much, and thank you to Director Yee with the previous comments. And that's true, we have been pursuing our Master Plan since, actually in 2010. We began pursuit of a Master Plan with public input. CHR KIERKIEWICZ: Chauncey, I'm sorry to interrupt you. Could you do me a favor and pull the mic closer to you, please? We're having a hard time hearing in Hilo. MR. WONG YUEN: Okay, I'm sorry, I apologize. CHR KIERKIEWICZ: Perfect, excellent, we can hear you very well now. Thank you. MR. WONG YUEN: Oh, sorry. Okay, so we've been pursuing our Master Plan since 2010, actually. And it was completed with an EA (Environmental Assessment) in 2013. And so, a major component of that plan has also been to make accommodation for passengers transiting the airport or for various reasons. And you know, such accommodations are a universal feature of all airports throughout the United States and throughout the world, actually. Additionally, though there are associated businesses that are expected near and around those hotels. Like the ordinary would be, you know, conference centers; places to dine, restaurants, retail. So our thought has always been to establish an area where the kinds of businesses that people would stay in those hotels nearby could get to while on trips. Now fast -forward to 2017, we did meet with the director then and we discussed and we did have some interest in the feel for the construction of a hotel. And so we decided to, you know, find out what was involved in terms of zoning to see that. And that's when we discovered we'd have some work to do. And so we had those discussions then, but really I tell you I described the airport operations here is kind of the "Wizard of Oz." What I mean by that is that we have very few staff trying to do a kind of gigantic job. And I think that's why coming here is a respite from the madness, as you can imagine that's going on right now at the airport with the secondary screening, which the County is wholly involved in all of that. Anyway, so we kind of shelved that for some time, because I didn't really have a property guy on board that could follow it through. Our Property Manager, which many of you already know, had left to join another company. And so, we kind of waited and Craig came on. And so then we had staff that we could focus efforts on that and so we began to pick that up. Page 7 PC -31 October 20, 2020 And that's essentially where it led us to further studies that the Director has researched, and the Director and Jeff Darrow had come up with today. So we're grateful for that approach, because I think the beneficiaries of that are, you know, needless to say the passengers, but the airlines also. Our airport, especially in Kona, renown as it is for its aesthetics; functioning, it doesn't work. I've been at that airport for 50 years. I began working at the airport July 1, 1970 as a high school kid working summers there for my dad and then joined Hawaiian Airlines in 1973. So we've seen all along that the airport is beautiful, but as an airline employee; as an airport manager, and a station manager for the airlines. Functioning at times, it doesn't work. And one of the areas it doesn't work, it doesn't provide safe accommodations for customers in inclement weather situations or when we have flight irregular ops. In fact, that's one of the discussions we've had pretty continuously with the hotels is about accommodations during inclement weather when there were no hotel rooms and the like. So the construction of the hotel has loomed as a primary goal for us to take advantage of. But we also have ancillary needs that would be addressed in this zoning. I could probably ramble on, but I'll stop here and be available to take any questions that each of you may have. Thank you so much for having us again today. CHR KIERKIEWICZ: Thank you for being here. At this time, I'll take questions or comments from my colleagues. Kona, do you want to start first because this impacts your district? MS. EOFF: Thank you, Madam Chair. Director Yee, I have a question. So when I was reading this earlier I think when it was before the Planning Commission, it was kind of made clear that part of the reason for this is to better define appropriate uses around our airport by creating this zoning designation, which applies to both Hilo and Kona airports. But as it stands now, there's some activities going on at the airport that aren't really even technically legally zoned for. So that's also been part of the impetus for bringing this forward. I think we need to remember that, like Chauncey said, this whole Master Plan has been in the works over ten years, and I think it's to bring everything up to speed with the plans for not only the renovations but the future of the airport. So I didn't really see a problem, because I just see a consistent effort and a resolution to the issues that we already face there, as you said. But then I did get some testimony, and during the Planning Commission—and I know that the idea Page 8 PC -31 October 20, 2020 about a hotel being allowed to be built there became somewhat of an issue or little bit with some people, and I wanted to address that a little bit. So, well, I did ask some questions earlier to the department, and I'd like you, if you could just to reiterate some of the other processes that would be involved before building? I think you eluded to it a little bit earlier about needing some of kinds of permits and stuff. But the other thing is what type of hotel this would be. I think some people may have had some issues or concerns that were allowing a resort development along the shoreline, which I myself do no support. And I know that people are very concerned about impacts of that kind of development, to not only near shore waters, but just to our coastline in general. For me, the airport is already sort of a—you might say blight on a pristine coastline. So we're already dealing with a big, you know, development on our coastline right at the airport. But I was told that in a way this isn't a resort -type of a hotel that would be envisioned or part of the Master Plan. It's more or less overnight accommodation. So anyways, could you just go over that just a little bit more for the public and for us, how you envision addressing some of the concerns that were raised with some people who felt like this was somehow or an environmental or a, you know, too big of an impact to the coastline? MR. WONG YUEN: Sure. You know, it is our intent to put up a Request for Proposals (RFP). There is one, but in that request, it is definitely not envisioned that we'll build the resort there. That's not what we're after. If you look at the nature of most hotels in and around the airport area, you don't see that. You really don't see a resort built right up to the airport's edge wherever that will be. They're intended to be transiting, you know, quick, in -and -out for those travelling on business a lot of times. And stranded (inaudible). Now, a few may decide to stay near the airport. We certainly have had discussions over the years with the resort community to actually engage their support of an area there, not so, that they can come and build a resort, but thinking that we would be steering business away from them. They actually had no objection to that. So we're looking for a different kind of clientele, mostly, but it's not to say that people won't take stays and stay there. But again, we have the opportunity to craft that inside the RFP to ensure that a resort is not what we're looking for. Now, you mentioned, I think Director you talked about, or even Jeff talked about, triggering an SMA. We're aware of that. There may be triggers on their (inaudible) triggering yet another EA. We're prepared to go that route as well to insure that whoever is the successful bidder, so to speak, on the RFP would engage in that. Page 9 PC -31 October 20, 2020 And I do want to state too, you know, I mean Keahole is an area that, for me, having grown up here, is near and dear to me. I said that earlier, I didn't articulate it well, but you know, I used to transit that route from Palani Road to Honokohau Harbor when there was no Queen Ka`ahumanu Highway. We were scouts and we would have to hike in there three miles, but we had good leaders. And to me we had earliest environmentalist here, the names of which no one probably remembers, but maybe Maile might remember, you know, John Wahinekapu and—I'll say these names because these were all the mentors. But this is the coach who taught us to care for our reefs. Imelda Ako, Felix "Downtown Felix" Kaleposu; Diego Padillo. So when I see those names and when I talk about the environment. I mean we were taught to care. We would pick up our opala, move it out, carry it out. You know, when we need campfires and stuff like that. We were scouts and we camped there weekends and summers. And I would hike all the way from Honokohau to Keahole, actually out to the point. That was part of our badge requirements, merit badge requirements and/or live scout, first class scout requirements. So I don't think the environmentalism that surrounds that (inaudible 8:17:01). I mean, I am a steward, that's what I am. My first responsibility is a stewardship of the land for the people. So I think that we're cognizant of what it can be if it goes (inaudible). But that's not what—as long as I'm sitting in this chair, and I have a staff that's supporting me, that's not where we're at. So I don't know if I've answered much of your question. But yeah, if you want to narrow it down? MS. EOFF: No, that's fine, I appreciate that, but I also—could you maybe give us a little bit of the vision of what this Master Plan does include, like where is the location of the proposed conference center? MR. WONG YUEN: Sorry, but I'm not prepared to show you a map. But pretty much, it takes it in the vicinity I'd say on the edge where the rental car areas are, but what would be the Kailua side of the airport entrance, Keahole airport road. In that area is where we had envisioned that would be. MS. EOFF: So that's substantially inland from the shoreline. MR. WONG YUEN: Yeah, in fact the terminal from the shore is three-quarters to almost a mile in, I think from the actual shoreline. You know, the airport on the northern edge does have shoreline property. We do have folks, in fact, we were out there with DLNR (Department of Land and Natural Resources) about a month or so ago, looking about instituting better control of those places. And actually monitoring them more frequently, you know, for vagrancy; for you know, trash, what have you, on that side. Page 10 PC -31 October 20, 2020 MS. EOFF: But those areas are not part of the development, not yet. Those are all those open. MR. WONG YUEN: No they aren't. But we do have that portion, which is right up to the ocean, the shoreline high-water mark, yes. MS. EOFF: But the proposal for the conference center and accommodations is a mile or two miles, a mile -and -a -half in? MR. WONG YUEN: Well away from the shore. Yeah, at least a mile. MS. EOFF: Okay, yeah, thank you, well that's what I thought. And I remember seeing kind of a drawing of the Master Plan a long time ago. So I haven't seen it recently. I don't know if it's changed but that's what I kind of remember. MR. WONG YUEN: And so keep in mind we have no preconceived notions about what needs to be built. We have space reserved for it on a plan. But again, when we desire, when we go out with an RFP, we trust that even our requirements still could put up something that meets what you want, which iswithout looking at rezoning. That would beI don't think—it just would be inappropriate not just for—but to have it function in and around that area where we have commerce of that nature, I mean most people won't build a resort where there is, you know, business activity such as rental cars such as, all of that. MS. EOFF: Right, I understand. But Director Yee, could just chime in a little bit about the process? MR. YEE: Yes. Michael Yee, Planning Director again. So Jeff hit upon two major things earlier. First, it's in the SMA. So if there's a major project, they're going to have to get an SMA, almost for sure, a major permit. So there's going to be review from that level. Second, as he had mentioned, maybe it was quick in passing, but basically DOT had asked for us to waive a plan approval, which we would not. And that really gives us the oversight over specific things that are going to come in, such as a hotel. And Chauncey had alluded that they can write a scope for an airport hotel. Like we're not looking for a hotel that has fancy pools, you know, waterslides, you know, all the amenities that come with a resort. We're looking at putting people, you know, flight crews, last minute cancellations; those type of passengers into a hotel like this. So we don't need all these amenities. So, you know, from a plan approval, we have oversight over that. I think, so when there was a lot of opposition regarding—or not a lot, but the opposition to here was basically they were concerned about the checks and balances. You know, is there community input into the process? And if something major is Page 11 PC -31 October 20, 2020 going to happen, it's going to happen through SMA approval, is certainly one area. Certainly, I have review as Planning Director on plan approvals. To back up a little bit, you know, lately we've gone into conversations around, how do we fix the permitting system in Hawaii County? We're often looking at trying to fix the permitting systems in itself. Here's an instance where we're trying to fix the code to get rid of some of the barriers that would exist out there. You know, even harder in trying to deal with the zoning change, right? And so, in this case, we've shown some foresight in the past with Planning to bring up somethings around lots of record, we've changed some stuff around, kind of a recreational facilities and zones to clear paths for that, we'll be bringing forth some other ones. And that is to help with the permitting process, right? That's to eliminate some of the barriers that sit out there. So, I think this is a good example where we're in collaboration with Airports. We foresaw delays that could occur to some of the projects, and this is one way to try to address it and to reduce that delay. MS. EOFF: Yes, thank you. I see that this approach is affixed to a lot of the issues and I'm supporting it. I just wanted to clarify that what you just explained that there will be several, many more opportunities for the public in a transparent way of looking at what will be approved through the SMA process, as well as thank you again for requiring that plan approval is a process that stays with this ordinance as well. I think you'd at least make sure that there's adequate review going forward. And I guess that's all I have right now, but I think it's good for the public to understand that this is just a step, in my mind, to get the airport consistent. The uses that are currently there, consistent with zoning and also to have your Master Plan another step (inaudible). We're going forward with it so you need to get all your ducks in a row. So this is just a step in that direction. Thank you, I yield. CHR KIERKIEWICZ: Thank you. Ms. Eof£ Anyone else in Kona? MS. DAVID: Chair Kierkiewicz? CHR KIERKIEWICZ: Yes, Ms. David, go ahead please? MS. DAVID: Thank you, mahalo. Thank you, Mr. Wong Yuen for that explanation, and I really agree with the questions that Ms. Eoff asked, because those were similar questions that I had. And I just wanted to reiterate, on the County level we have assessed the SMA permit process where the public will be engaged and can contribute comments during that entire process. Page 12 PC -31 October 20, 2020 On the State side for your General Plan, what public participation do you folks have in your process; say in your overall Master Plan? Should you decide to go out with the RFP, what process would be on the State level that would come to this community to let the community know that we are going out for an RFP and this is going to be included in the update of the Master Plan? MR. WONG YUEN: Thank you, Council Member David. The public process for Master Plan, I'll start there. It means that there was aI mean months if not years -long process in arriving at that, and actually we're due for a view of that Master Plan shortly. Usually the FAA (Federal Aviation Administration) requires a review at least, and the FAA is involved because they are a major benefactor to the airport system. So there are checks and balances even in that scope as well. But they will, in Office of Environmental Planning of the FAA, will also weigh in as well. MS. DAVID: You anticipate that to be coming up, a review, an additional MR. WONG YUEN: Yeah, so I think we haven't, in fact we're going through a, what's known as a State Risk Assessment right now. In fact there are folks in my office right now that are helping us prepare for that outside. But the planning aspect of that will come up and there will be a review. MS. DAVID: A notice will go out, some sort of notice will go out. MR. WONG YUEN: Yeah, that'll be there. But again, the Master Plan will probably be looked at again. Now, in terms of the RFP, I'm not aware of a specific public input to an RFP other than— MS. DAVID: Notification basically, that you folks have selected, right? MR. WONG YUEN: Yeah, notification or publications or otherwise. But as far as planning, I think it'll be quite a significant opportunity for them to publicly engage again through plan approval process or the SMA. Or the EA process that will likely be triggered. MS. DAVID: The only reason I was asking is because the concern of the people that I'm hearing is that the fear it will be a resort hotel. And so in your RFP process, I was just interested in finding out whether there will be a means of us knowing what the RFP requirements will be specifically for the hotel portions. You know, just so that it could kind of ease people's perception that this is a resort as opposed to a hotel that's totally dedicated or committed to the operations of the airport. So, that was my question. And it's all about process, and I just wanted to get some clarity on that. So thank you very much. Chair, I'll yield for now, mahalo. Page 13 PC -31 October 20, 2020 CHR KIERKIEWICZ: Thank you, Ms. David. Anyone else in Kona? No? Okay. Here in Hilo, I see lights on by Mr. Richards and Ms. Lee Loy. Mr. Richards, go ahead. MR. RICHARDS: Thanks Chair, and thanks, Director, for bringing this forward. Just to echo or reiterate, someone talked to me about this upwards of a year ago now. So this is not new at all. This has been in the works for quite some time. I do appreciate trying to clean up the code so it flows and makes a lot more sense. It's my understanding that the Kona Airport is the second busiest airport in the State. And for transients through that airport right now looking forward and looking to the future for some sort of airport hotel makes all the sense in the world. We don't know what our travel arrangements are going to be two years from now because of COVID. And so there may be an opportunity to kind of redesign the tourism that we keep talking about. So this might be the time to actually start planning for that. I do like the fact that you retained the plan oversight, because I think yeah, home rule. And I definitely support this. I think it's in the right direction, and I think that there's plenty of space there. I don't think anybody would want to build a resort there. It's next to the airport. That's I mean—so but I could see just as we're going through the conversation, there could be a real blending of things where you have your security; you have your biosecurity. There could be a lot of things coming through this that could really help us plan for the future. And more and more people are transiting through that airport, either coming overseas and then going on to other islands, whatever the case may be. And it'll be a true, I think anyway, it would be a hotel. My expectation would be a travel hotel, meaning you check in—doesn't matter what time you check in, but you can rent for a half-day or whatever, eight hours, or whatever the case may be. So I think it's a product that most people are not familiar with, but I think that's probably what they're trying to get done. So I'm definitely going to support this. I think it's the right direction. And I like how you've phrased this up. I appreciate what Maile and Karen have said, because yeah, let's make sure we're understanding what we've got going forward. But it's a right idea and it's the right time to get this cleaned up and reduce some of the obstructions that we have. Chair, thank you, I yield. CHR KIERKIEWICZ: Thank you, Mr. Richards. Ms. Lee Loy. MS. LEE LOY: Thank you, Chair. Thanks gentlemen for bringing this forward. Mr. Wong Yuen, good to see you. I trust the family is doing well. I wanted to get Page 14 PC -31 October 20, 2020 back to some of the questions my Kona Council Members talked about, which was process. And I think Mr. Wong Yuen touched on it a little bit, because we know State is DOT, which would be a 343 trigger. And so I just wanted to understand a little bit in this process, whether it's through the SMA or, you know, the use of State funds. When the 343 trigger would occur and if it would be a blanket EA/EIS (Environmental Assessment/Environmental Impact Statement) for the entire parcel. I just wanted to understand that process a little bit more. Because I understand we're going to have some home rule when it comes to plan approval and the SMA. I just wanted to understand that 343 piece. MR. WONG YUEN: So Member Lee Loy. Thank you for the question, and it's good to see you as well. Truth is I'm not entirely sure what the process it triggers between EIS and an EA. The last Master Plan, we triggered an EA, and in this one project that we had an EA done on a training center that was going to be built on airport. So, I'm not certain and maybe Director Yee, which is embarrassing for me, but may know more about those triggers are than I may at this point. But for certain, I think we're prepared as an individual project to go ahead with an EA, Environmental Assessment on a hotel development. MR. DARROW: Thank you, Council Member Lee Loy. My understanding is that there's already been a major EIS done previously. This was when they did their first Master Plan. It's obviously outdated at this time. I believe they had done either an updated or a new EIS in 2010 where they were looking at their new Master Plan. But since then our understanding is there's been changes to that Master Plan that they're looking at. And so it looks like whatever direction they take, whether it's coming in for zoning; for some of the conservation lands to be able to change those to Urban, and then come in for zoning, or whether it's something like the SMA for a big project like a hotel, we'll have to look and see if that was covered. I believe in the most recent EIS that they did that's where this whole discussion started. In their Master Plan, they identified a hotel area, and they had talked about it briefly in the EIS. But it still seems like they're going to have to adjust that again and then either come in with a new or updated EIS at that time. MS. LEE LOY: So, thank you for that, because I've seen at other airports. You know, the State will control, but then they will actually parcel off to private entities. And so my concern is for the community, right? They're wanting to insure that they would get to engage. So how does that process work if DOT, state agency, kind of parcels or provides a phase to a private developer? MR. DARROW: I'm not sure if I'm the right person to answer, but I mean in looking at some of the—like I was just looking at the Waimea Airport today. The Master, they had actually CPR'd (Condominium Property Regine) the property, Page 15 PC -31 October 20, 2020 so they're the Master. And then they have CPR units to private individuals, but the property is still owned by the State. So they're still using State or County land's funds, so it's still a trigger. MS. LEE LOY: Thank you, Mr. Darrow. You know, I think Mr. Richards and myself, we were at the inaugural flight from Japan. And you know, DOT is wanting this destination to be an international airport, especially with our Japan counterparts. And you know, the way I envisioned it really was to provide that hotel for those late flights. Let's face it, a lot of the hotel industry asks users to check out by 11:00, but their flight might not be till 9:00 or 10:00 that night. And so having a place to put their bags down, you know, wash up before they get on a plane, that's a really good fit. And then I also liked this ancillary or accessory use because it provides options for us to be innovative and even pivot when necessary. And we're seeing that with COVID right now, that it's still provides the Director and the Department of Transportation an opportunity to say, "Hey, we have to adjust a little bit." And then all of the safeguards are in, right, with plan approval, SMA. Yeah, so with that, you know, I'll be supporting this. It's really a smart fix, because zoning tells us where and building tells us how to go vertical. So thank you. Thank you, Mr. Wong Yuen for being here. Really good to see you. Chair, I yield. CHR KIERKIEWICZ: Thank you, Mr. Lee Loy. Anyone else? Questions or comments? Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you for that. Good explanations so far. Thank you, Chair. Just for me, because I was interested in doing something similar earlier this year, by opening the allowable uses for what's considered in a primary airport by expanding the definition, are the things that you're offering allowable in that zoning area as far as accessories? MR. DARROW: So this was one of the issues that came up when we were looking at this, and thus we thought this would be good option for the fix, is a number of uses that were in the district already or in the airport were not permitted in that zoning district, but they obviously made sense as part of that. Automobile Rental companies is not a permitted use in the General -Industrial zoning. Offices and retail establishments, those kind of things. So we were trying to clean up those accessory uses as part of this through this definition at the same time. As including future uses that may come along including the hotel and the conference room, and others that we may not be aware of at this time. Page 16 PC -31 October 20, 2020 MR. KANEALI`I-KLEINFELDER: Are these accessory uses allowed by State code, within the HRS? Because that's something I ran into. Take for example, Puna. MR. DARROW: Sure. MR. KANEALI`I-KLEINFELDER: Agricultural subdivisions, and you have a lot of people who do small businesses in those subdivisions, whether it's massage, yoga; go down the list, but not allowable by State code. So there's no simple fix from the County, because overall, the State is the underlying law that we have to follow. MR. DARROW: Yeah, so in the Urban District, it's a little different. County pretty much has home rule on that. And when you look at the State law relating to Urban District, it's very simple. It doesn't have a whole list of permitted uses like the Agricultural Zoning District does. So that kind of gives us all that flexibility in our Code. It doesn't stop us from proceeding. MR. KANEALI`I-KLEINFELDER: Okay. And then I saw notes from the Windward Planning Commission because this also went to the Leeward Planning Commission as well. What was the vote from the Leeward Planning Commission? MR. DARROW: I think it was unanimous. MR. KANEALI`I-KLEINFELDER: Unanimous again? Okay. MR. DARROW: They had concerns that were brought up today by Council Members about not wanting to see a hotel along the ocean. They did not want to see a resort hotel on the airport. And I think those questions were addressed pretty clearly. MR. KANEALI`I-KLEINFELDER: And does Hilo qualify as a primary airport as well? MR. DARROW: Yes. MR. KANEALI`I-KLEINFELDER: So this Code applies to both Hilo and Kona Airports? MR. DARROW: Yes. MR. KANEALI`I-KLEINFELDER: Okay, and then is there any further action that's being looked at for Hilo right now? Because obviously, you have something planned, somethings in the works for Kona. And I say that with some Page 17 PC -31 October 20, 2020 clarity because I received a phone call about a year ago from someone saying that he had a plan to build a hotel at the airport. MR. DARROW: In Kona. MR. KANEALI`I-KLEINFELDER: Yeah, in Kona. And it caught me off guard. You know, I couldn't tell you what his name was. It just was a long conversation. So I'm wondering if there's plans for Hilo, on this side. MR. DARROW: That might be a better question for Chauncey, yeah. MR. KANEALI`I-KLEINFELDER: Okay, Chauncey, can you speak to any, you know, plans that are coming for Hilo Airport or accessory uses like hotels? MR. WONG YUEN: Thanks, Member Kleinfelder. The answer is that there has been interest, but not formal. All informal, by one developer. But nothing for Hilo that's been formalized, but this would obviously apply to the Hilo Airport as well. MR. KANEALI`I-KLEINFELDER: Okay, thank you for that. That's all my questions for now. Thank you, appreciate that. CHR KIERKIEWICZ: Any other questions or comments? MS. DAVID: Chair? CHR KIERKIEWICZ: Yes, Ms. David. MS. DAVID: Yes, thank you. I just have one more question, if I may, please? CHR KIERKIEWICZ: Yes, please, go ahead. MS. DAVID: Alright. First, I think I want to just thank the Planning Department for making it really clear that this bill also clarifies or brings into conformity the uses that are already down there. I think that's a really important thing to note for the public, that Planning has brought into conformance, the existing uses. So I'm not sure who can answer this question. The bill also says that, "The accessory uses must be located on publicly owned lands ..." How much land do we have around that airport as far as publicly owned State lands? How huge are we talking about where this bill would possibly apply for future development? MR. WONG YUEN: It is significant. Page 18 PC -31 October 20, 2020 MS. DAVID: How many acres are we talking about? MR. WONG YUEN: Approximately 2000. MS. DAVID: Oh, really. Okay. MR. WONG YUEN: So, by land area Kona is the largest in the State. It actually eclipses Honolulu, because a good portion of Honolulu is water between Ke`ehi Lagoon. So in terms of land area, I think it's quite significant. Most of it (inaudible) Conservation and Open. But there are areas that are zoned within (inaudible). So it's a larger MS. DAVID: So it extends far beyond the runway, the north and south end of the runway. MR. WONG YUEN: Yeah, just as a guide, it probably—it goes to, from Keahole Airport—well actually, from `O`oma to the south and Mahaiula in the north. MS. DAVID: Oh really. MR. WONG YUEN: The original airport expanse included Mahaiula at one point. We set aside (inaudible) Mahaiula. In fact, Airports Division controls the point between Makalawena and Mahaiula. This is really unusual, but it was set aside as an avigation easement in there. There were flights over it. But at some point, I wouldI'm guessing in the `80's or so, in the `80's maybe. That portion was returned to Department of Land and Natural Resources for use as the (inaudible). MS. DAVID: Okay, so it's a little south of Mahaiula. MR. WONG YUEN: Yeah, from Mahaiula all the way to `O`oma is airport property. MS. DAVID: Okay, well thank you. I was just very curious because this bill will apply to the airport property and I just need to get a gauge on how much area we're talking about for future development. Okay, thank you very much, I yield. CHR KIERKIEWICZ: Thank you, Ms. David. Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Same question for Hilo. What is the size of the Hilo Airport as far as publicly owned lands? MR. WONG YUEN: Yeah, Hilo is about 1,300. So by contrast, it's about a fourth of the size of Kona. With all the brush that's around it, it looks like a lot Page 19 PC -31 Vote on Bill 199 (Approved) October 20, 2020 could be hiding under all of that, but basically, it's carved out from DHHL (Department of Hawaiian Homelands) lands. It's about 1,300 acres. MR. KANEALI`I-KLEINFELDER: Are DHHL lands accounted for publicly owned lands? MR. WONG YUEN: I would guess that they would be. You know, they're controlled by the State, so I would think so. MR. KANEALI`I-KLEINFELDER: Mahalo, thank you. MR. WONG YUEN: Thank you. CHR KIERKIEWICZ: Anyone else? No? Okay, great. Ms. David's comments are where I wanted to go with this, which is, you know, there are a number of uses happening right now that need to be brought in compliance with the Zoning Code. This is what this bill is attempting to do. And it's also the County's responsibility. I think, you know, we're playing a role in helping the State to implement their Master Plan. So we're just playing our role. Lot of milestones down the road, and this is one of them that we're helping them to achieve. So thank you for initiating this. We have a motion on the floor to send Bill 199 to the Council with a positive recommendation. All in favor please say "aye." The motion to recommend passage of Bill 199 on first 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: That brings us to the end of our agenda. Page 20 PC-31 October 20,2020 ADJOURN- There being no further business, at 2:59 p.m., Ms. Lee Loy moved to adjourn the MENT: meeting. 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: Planning is adjourned. Thank you. Ap. • .s: • I (2q(26 . hley L. Kierkiewicz, Chair (Date Planning Committee AK/dt Page 21