Loading...
HomeMy WebLinkAboutCOM 0052.002 2020-2022 Mitchell D.Roth o�Y 0� �o Zendo Kern Mayor Director Lee E. Lord Managing Director i--,;•� tT{oF•Ne.N West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy • • 101 Paualu Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawal 1 Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 December 30, 2020 Maile David, Council Chair And Members of the County Council County of Hawaii of 25 Aupuni Street Hilo, HI 96720 Dear Chair David and Council Members: SUBJECT: Planning Director Initiated Amendment to Chapter 25 (Zoning Code),Article 1, Article 2, Article 4, Article 5, and Article 7 of the Hawaii County Code 1983 (2016 Edition, as amended) Relating to Medical Clinics, Massage, Chiropractic, Acupuncture, and Other Similar Health Services Facilities Regarding the Windward Planning Commission letter dated December 17, 2020, concerning the above-reference matter, attached please find copies of the draft transcripts for the November 5, 2020 and December 3, 2020, hearings for your information. Should there be any questions,please contact Maija Jackson at (808) 961-8159. Sincerely, ZENDO KERN Planning Director JAA.jaa P:\wp60\PC\PCC2020-4\LPDlnitiatedRelatingtoMedicalCliniestranscriptswpc.doc Enclosures: Draft Transcripts Comm NL Ref. To: G Ref. Doti 1 �vt�u�rlann�n h Eµaiicquniti. ov Hawaii County is an Equal Opportunity Provider and Employer p aoFi+n a t - , t WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT November 5, 2020 A regularly advertised hearing on the application of PLANNING DIRECTOR INITIATED AMENDMENT TO CHAPTER 25 OF THE HAWAII COUNTY CODE, RELATING TO MEDICAL CLINICS was called to order at 11:02 a.m. via live-stream online meeting, with Chair Thomas Raffipiy presiding. VIRTUAL ATTENDANCE (COMMISSIONERS): Gilbert Aguinaldo, Dean An, Joseph Clarkson, Thomas Raffipiy, John Replogle. VIRTUAL ATTENDANCE (STAFF): Malia Hall (Deputy Corporation Counsel for the Windward Planning Commission), Michael Yee (Planning Director), John Mukai (Deputy Corporation Counsel for the Planning Director); Jeff Darrow (Planning Program Manager), Tracie-Lee Camero (Planner), Rachelle Ley (Department Secretary), and Melissa Dacayanan- Salvador(Temporary Assigned Commission Secretary). And 2 members from the public live streaming the meeting . INITIATOR: PLANNING DIRECTOR An ordinance amending Chapter 25 (Zoning Code),Article 1 Article 2, Article 4, Article 5 and Article 7 of the Hawaii County Code 1983 (2016 Edition, as amended), relating to definitions, use permit requirements, off-street parking requirements, and zoning district regulations for medical clinics and massage,acupuncture, chiropractic and other similar health service facilities. Secretary's Note. " means that there were technical andlor internet difficulties which made the conversation inaudible. RAFFIPIY: The next item on the agenda another Planning Director Initiated amendment. An ordinance amending Chapter 25 (Zoning Code), Article 1, Article 2, Article 4, Article 5 and Article 7 of the Hawaii County Code 1983 (2016 Edition, as amended), relating to definitions, use permit requirements, off-street parking requirements, and zoning district regulations for medical clinics and massage, acupuncture, chiropractic and other similar health service facilities. So, I understand Tracie again will be making the presentation. Thanks Tracie. CAMERO: I will, thank you Chair. Can you all see my screen? Okay. REPLOGLE: Yes. CAMERO: Thank you. Good morning Chair and members of the Planning Commission. As stated, this is a Planning Director Initiated amendment to the Zoning Code relating to definitions, parking requirements, Use permit requirements and zoning district regulations for medical EXHIBIT C(DRAFT) 1 clinics, massage, acupuncture, chiropractic, and other similar health service facilities. The next slides will highlight four(4) amendments that the Director is proposing. The proposed amendments will ultimately create a process for these uses to come into the Planning Department and get any necessary approvals for. The Director is initiating these amendments to our Code to really open up the door and allow for these uses as well as future similar health service facilities. To be able to come into the Department as either a permitted use or one that will require a Use permit. It should be noted that this is an effort of the Director to address the needs of the public by amending our Code to keep up with the various new forms of health services that has evolved over the years. I understand that these types of proposed amendments can seem a little much. Therefore, if you have any questions please feel free to speak up or stop me at any time. Can you all see my screen? Will begin with proposed amendment one (1). This is relating to the definition of a medical clinic. Currently, the definition of a medical clinic states that chiropractic and massage treatment and services are not included as a medical clinic. The Planning Director is proposing that acupuncture and other similar health service facilities be listed as not included under the definition of a medical clinic. The next proposed amendment is to the personal service establishment definition. The personal service establishment definition currently includes massage facilities and chiropractic clinics as permitted under the personal service definition. The Planning Director is proposing the removal of massage facilities and chiropractic clinics from this definition so that the definition only includes non-medical personal services such as hair salon, dyeing, tailoring, shoe repair, and other similar establishments. The Director has also proposed to remove "and other similar uses devoted to the care of the treatment of the aged, the sick or the infirm"out of the hospital definition located in the Use Permits section. Because the Department has historically considered these uses as medical clinics. While the Planning Director feels that these uses no longer fit in their current definition the proposed amendment number two (2)clarifies where these uses would be better suited. Especially because the need for these uses are there in the community. Therefore, in this slide the Director is proposing that a Use Permit can be obtained for a medical clinic, massage, acupuncture, chiropractic, and other similar health service facilities in any of the zoning districts listed in this slides above. Now, when Planning staff was considering this Code amendment, we found that there was a conflict within our off-'street parking and recognize the discrepancies between the proposed amendment in the parking section of our Code. We are using this opportunity to rectify these conflicts by proposing to add off-street parking requirements. Therefore, the proposed amendment number three (3) adds parking requirements for commercial uses within the RS, RD, and RM zoning. The fourth and final proposed amendment is for zoning districts that a massage, acupuncture, chiropractic, and other similar health service facilities will be an out right permitted use. For EXHIBIT C(DRAFT) 2 example, listed on this screen you can see the resort district where the current Code allows for medical clinics and personal services as a permitted use. Therefore, the Planning Director is simply proposing to add the specific uses of a massage, acupuncture, chiropractic, and other similar health service facilities as a permitted use as well. The Planning Director feels these uses are appropriate in the eight (8) zoning districts listed on the slide. The purpose of these proposed amendments is to really better define these uses and clarifying which zoning districts these uses will be permitted by right or with a Use Permit. Therefore, the Planning Director feels these proposed amendments will ultimately create a process for these uses to come into the Planning Department and get any necessary approvals,for. The Planning Director is recommending that the Planning Commission send a favorable recommendation to the Hawaii County Council for these proposed amendments. These proposed amendments were presented to the Leeward Planning Commission on October 15, 2020. The Leeward Planning Commission had concerns with the bill and they deferred this bill until their next hearing to allow for more time to think about their concerns. With that, that concludes my presentation, and I can open the floor to any questions. RAFFIPIY: Thank you Tracie. Any questions from the Commission to Tracie or the staff? I do have a question, Tracie. What were the concerns from the Leeward Planning Commission? CAMERO: So, the Leeward Planning Commission they really had 2 types of concerns. The first concern was that in the RM zoned district we are proposing for massage, acupuncture, chiropractic, and other similar health service facilities to be an out-right permitted use. Because currently, the personal service definition includes these uses as a permitted use in our current Code. They felt that it should really go under the Use Permit section within the RM zoned district and the second concern was just the definition on the medical clinic itself. There were some concerns that it was too broad and maybe should be narrowed down as far as to the specific types of medical services that shall be included. I do want to make note that at this time it was not our intention to really redefine medical clinics we are simply taking what's in our medical clinic definition and addressing some of the other uses that has come in and tried to claim themselves to be a medical clinic at this time. Hopefully, put that clear distinction between medical clinics, massage, chiropractic, and the other similar health service facilities. RAFFIPIY: Thank you. Any other questions from the Commission for the staff? CLARKSON: Yeah, could somebody clarify for me what RM zoning is? CAMERO: Yes, RM is Multiple-Family zoning. RAFFIPIY: Any other questions? Alright, if none I need a motion for action. REPLOGLE: I move that a favorable recommendation be forwarded to the County Council on the Ordinance amending the Hawaii County Code, Chapter 25, based on the Planning Director's recommendation, which shall be adopted. EXHIBIT C(DRAFT) 3 i i i i RAFFIPIY: Any second? AU: I second. RAFFIPIY: It's been moved by Commissioner Replogle and seconded by Commissioner Au that a favorable recommendation be forwarded to County Council on the Ordinance amending Hawaii County Code Chapter 25, based on the Planning Director's recommendations. Okay, at this time any questions, comments about that motion? AU: I just have a quick comment. RAFFIPIY: Go ahead Commissioner Au. AU: I just want to say that I appreciate the Department and( appreciate the Director's effort to clean it up and make it easier for these permits. You know it is just clarifying a lot of things and I appreciate the work, appreciate the time and effort that the Director and staff has put in it. RAFFIPIY: I second that. Any other comments? Alright, Tracie will you take the vote by roll call please. CAMERO: Okay, Commissioner Replogle? REPLOGLE: Aye. CAMERO: Commissioner Au? AU: Aye. CAMERO: Commissioner Aguinaldo? AGUINALDO: Aye. CAMERO: Commissioner Clarkson? CLARKSON: Aye. CAMERO: And Chair Raffipiy? RAFFIPIY: Aye. CAMERO: The motion carries 5-0. Thank you so much. RAFFIPIY: Thank you very much. EXHIBIT C(DRAFT) 4 The discussion ended at 11:12 a.m. Respectfully submitted, Melissa Dacayanan-Salvador, Temporary Assignment Secretary Windward Planning Commission EXHIBIT C(DRAFT) 5 WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT December 3, 2020 A regularly advertised hearing on the application of PLANNING DIRECTOR INITIATED AMENDMENT TO CHAPTER 25 OF THE HAWAII COUNTY CODE,RELATING TO MEDICAL CLINICS was called to order at 9:15 a.m. via live-stream online meeting, with Chair Thomas Raffipiy presiding. VIRTUAL ATTENDANCE (COMMISSIONERS): Gilbert Aguinaldo, Dean Au, Joseph Clarkson, Thomas Raffipiy, John Replogle. VIRTUAL ATTENDANCE (STAFF): Mafia Hall(Deputy Corporation Counsel for the Windward Planning Commission), Michael Yee (planning Director), John Mukai (Deputy Corporation Counsel for the Planning Director); Jeff Darrow (Planning Program Manager), Tracie-Lee Camero (Planner), Rachelle Ley (Department Secretary), and Melissa Dacayanan- Salvador(Commission Secretary). And 2 members from the public live streaming the meeting . INITIATOR: PLANNING DIRECTOR An ordinance amending Chapter 25 (Zoning Code), Article 1 Article 2, Article 4, Article 5, and Article 7 of the Hawaii County Code 1983 (2016 Edition, as amended), relating to definitions, use permit requirements, off-street parking requirements, and zoning district regulations for medical clinics and massage, acupuncture, chiropractic, and other similar health service facilities. Secretary's Note: "="means that there were technical andlor internet difficulties which made the conversation inaudible. RAFFIPIY: Let's go to agenda Item Number 2 that was published on the addendum to the agenda. This is a Planning Director Initiated item. An ordinance amending Chapter 25 (Zoning Code), Article 1, Article 2, Article 4, Article 5, and Article 7 of the Hawaii County Code 1983 (2016 Edition, as amended),relating to definitions, use permit requirements, off-street parking requirements, and zoning district regulations for medical clinics and massage, acupuncture, chiropractic and other small scale health service facilities. I think Tracie will be making the staff presentation. Tracie the floor is yours. CAMERO: Thank you Chair, let me just start sharing my screen with you all. Can you all see my screen? RAFFIPIY: Yes. EXHIBIT A(DRAFT) 1 CAMERO: Okay, perfect. REPLOGLE: Yes. CAMERO: Good morning Chair and Members of the Windward Planning Commission. As stated, this is a Planning Director Initiated Amendment to the Zoning Code relating to the definitions, parking requirements, use permit requirements, and zoning district regulations for medical clinics, massage, acupuncture, chiropractic, and other similar health service facilities. The following slides will reflect the proposed amendments that the Director has made to the first ordinance that staff presented to you in November. The new proposed amendments are to address the concerns raised at the previous Leeward Planning Commission meeting. This proposed ordinance is to create a process for these health service facilities uses to come into the Planning Department and get any necessary approvals for. By now, you should have received the revised recommendation as well as the Planning Department Exhibit 2 which is the proposed ordinance that I will be discussing in the following slides. With that we will begin with the proposed amendment one(1). This is relating to the definition of a medical clinic. Currently, the definition of a medical clinic, states that chiropractic and massage treatment and services are not included as a medical clinic. The Planning Director is now proposing that the definition of a medical clinic be amended to include massage, acupuncture, chiropractic, and other similar health service facilities as a use defined under the medical clinic definition. This proposed amendment will now allow for massage, acupuncture, chiropractic, and other similar health service facilities to come into the Department under that medical clinic definition and in any area that a medical clinic is already defined,or we will define where it is going to be a permitted use in. Also, a part of the Director's proposed amendment Number 1 is to the personal service establishment definition. The personal service establishment definition currently includes massage facilities and chiropractic clinics as permitted under the personal service definition. The Planning Director is still proposing that the removal of massage facilities and chiropractic clinics be taken out of the personal service definition so that the personal service definition includes non-medicalservices such as hair salons. The Director has proposed to remove, and other similar uses devoted to the care of the treatment of the aged, the sick, or the infirm out of the hospital definition located in the Use Permit section because the Department has historically considered these uses as medical clinics. Therefore, proposed amendment number two (2) clarifies where these uses would be better suited. This slide also shows that the Director is proposing that a medical clinic can apply for a use permit in any of the six(6) districts listed on the screen. This slide also addresses the Leeward Planning Commission's previous concerns that a use permit should be required for these uses within the RM district. When Planning Staff was considering this Code amendment, we still found that there is a conflict with our off-street parking requirements in the proposed amendments. Therefore, Planning EXHIBIT A(DRAFT) 2 i i 3 Department staff is taking this opportunity to rectify the conflict and discrepancies with the parking section of our Code. Which leads us to the last proposed amendment number three(3), which is proposing to add off-street parking requirements for commercial uses within the RS, RD, and RM zoning. Again, these proposed amendments are to better define these uses and clarifying which zoning districts these uses will be permitted with a Use Permit or be allowed as an outright permitted use. Therefore, the Planning Director is recommending that the Planning Commission send a favorable recommendation of the Planning Department Exhibit 2 to the -Iawai`i County Council. With that, that concludes my presentation, and I can open up the floor to any discussion. RAFFIPIY: Thank you very much Tracie appreciate the presentation. Any questions from the Commissioners? CLARKSON: Yes, I have— RAFFIPIY: Go ahead Joe. CLARKSON: — I have a question for the Director. What is the background problem or issue that has driven this proposed change and definition? YEE: It came from various applicants coming to us, but Jeff Darrow has the most experience with these kinds of issues and DARROW: Aloha, Joe. Commissioner Clarkson. What happened basically is we were trying to, we had received a number of requests for massage, chiropractic, and acupuncture type businesses and basically,they were falling under the definition of personal service uses. But the reason why this is coming back to the Commission. This is our second time bringing it is before we had separated those uses out and identified them on their own. When we went before the Leeward Planning Commission, they struggled with that and felt like it would be more appropriate, and it was more in line to be placed under the medical clinic definition rather than separating them. Even though Windward Planning Commission voted favorably to send up the original bill the Director agreed that it made sense to just put those uses together with medical clinic and make it very clear whether you're a doctor, a dentist, or you're a massage therapist or a chiropractor, acupuncture, or any other new type of health-related service that comes forward. It would go through a similar process of a Use Permit within certain districts or it would be outright permitted where a medical clinic was permitted. Mainly, in the Commercial zoning districts and some of the other districts. But that's the purpose of bringing this bill back to the Commission is to bring it in line with the medical clinic and clarify the process to become either permitted through a Use Permit or an outright permitted use. RAFFIPIY: Thank you Mr. Darrow. Any other questions, any other follow-up questions? DARROW: Joe, you might be on mute sorry about that. EXHIBIT A(DRAFT) 3 i s i i CLARKSON: I was on mute when I said thank you. 4 DARROW: I think I'm on mute. RAFFIPIY: Any other questions from the Commission? Director Yee do you have anything to add to this? YEE: Nothing. CLARKSON: I do have a, I mean it is just a nagging concern that other similar services is so broad. That anything to do with the body will qualify. What about a gym, where you are working on your musculature, what about facilities that fit prosthetics shoes for your feet I mean are all those covered elsewhere or are they just going to get swept up? They are? Now Jeff you're on mute. DARROW: A gym or a health establishment is identified under the definition of indoor amusement and recreational facility. So, those are clearly defined in the Code as far as prosthetics I think that would be more of a retail establishment or a type of manufacturing facility versus a health-related occupation where they are providing a health service. We struggled I mean the only reason why we put in other health related services or left that in because we're just not sure of new technologies and services that will become available in the future. People have identified some pretty unique services that have been coming out with, what was the latest, yeah cupping was one but that kind of goes with massage. There's some other unique services but mainly I think we are covering a majority of the ones that we see. I just wanted to have that ability to identify new health type services that might come online and direct them through a Use Permit or a permitted use. CLARKSON: Okay,thank you I understand. RAFFIPIY: Question, who will make the determination if they fall under that other similar health service facilities? DARROW: It would normally be the Planning Director at the time, if it is really questionable, we will have the applicant submit a request for a determination and the Planning Director would determine what that particular use is identified most appropriately. Whether it is a health service or whether its identified elsewhere in the Code. RAFFIPIY: Okay, thank you. DARROW: Thank you. RAFFIPIY: Thank you, any other questions? I'd like to acknowledge Commissioner Aguinaldo is joining the meeting. Do we have any other questions from the Commission? EXHIBIT A(DRAFT) 4 AGUINALDO: I have one. RAFFIPIY: Go ahead Commissioner Aguinaldo. AGUINALDO: So, based upon what I've heard medical. I experienced myself Jeff knows. Now to the creditability of our County and us Commissioners I would think that as far as medical uses we're talking about prosthetic, we're talking about I don't know work it out. One of our discussions was gyms, fitness and we also talked about cupping. Now, these people that are applying for that of course they are going to do their homework with knowledge of what does it interprets. So, should we kind of familiarize ourselves, do the investigation what we see now on our County, what might come up, what is on the table now, what might come up in the future so that we don't kind of like being in the dark on it. I mean the cupping, what they do they heat it up, they put it on top you,pau. It is some kind of healing or whatever they call it. Like Jeff said, it falls under massage. Is it truly,falls under massage, masseuse because you are not using your hands right you using a cup so, to define this medical the spectrum is so big what do we see out there right now? What are people doing we got to be kind of above the curb guys. Because if I came and I had more knowledge than the County I already schooled them so, what do we see out there right now that people are coming and introducing or doing. DARROW: John is going to ask a question. RAFFIPIY: Go ahead Mr. Darrow. DARROW: Thank you Mr. Chairman. One of the uses that, we wanted to try to, sometimes it can be overwhelming to try to be over exhausted in our definitions where we place a wide variety of different types of uses. That's why we kept the more significant ones that we see on a regular basis more in the definition and then left some flexibility for additional. The ones that we see on an occasional basis that we are familiar with are the more naturopathic type of facilities that come up, but they are very help "—" and they would be identified as a similar health related facility and required to go through a similar process. Again, part of those naturopathic type facilities, they have all these different unique types of therapies that are being introduced and they are always changing. So, we wanted to try to keep that more general in nature. Again, it usually is pretty easy to identify a use that is health related versus something that maybe different and again the way we do that is by looking if in the Code if that particular use is more clearly identified in another section of the Code. Similar to like what we were mentioning gyms and health facilities, the health and wellness facilities those are clearly identified in the Code and separated from these types of uses. Hopefully, that answers your question and concerns. AGUINALDO: Thank you. RAFFIPIY: Mr. Replogle? EXHIBIT A(DRAFT) 5 REPLOGLE: Thank you Mr. Chairman. As to Commissioner Aguinaldo's,he mentioned the cupping. Cupping is like a tool of a masseuse. It would be like a doctor's saying I would like you to have an x-ray and you're not going to get parking just for x-ray it comes under medical and so the cupping is a tool of massage. Anyway,just to clear that up. Thank you. RAFFIPIY: Thank you — DARROW: Thank you. RAFFIPIY: — for the clarification. Any other questions, comments from the Commission? AU: Mr. Chair I have a question. RAFFIPIY: Go ahead Sir. AU: Actually, no I don't have a question, I just have a'comment I want to make but its more appropriate to do it in discussion. I'd like to make a motion first. Some of these things that we are discussing can be in the discussion rather than in a question form. So, I'll just go ahead and make a motion and— RAFFIPIY: Go ahead. AU: — is that possible, is that okay? RAFFIPIY: That's okay if there is no other questions from the Commission. Any other questions? AGUINALDO: No not at this time. RAFFIPIY: Mr. Au go ahead. AU: Mr. Chair can I make a motion? RAFFIPIY: Go ahead Mr. Au. AU: Okay, I move that a favorable recommendation be sent to the County Council on Ordinance amending Chapter 25,based on the Planning Director's recommendation, which shall be adopted. RAFFIPIY: Any second? REPLOGLE : I second that. RAFFIPIY: It is moved and seconded that we send a favorable recommendation all those who, go ahead. EXHIBIT A(DRAFT) 6 'c i f t i i AU: Mr. Chair could I make a comment? 4 r RAFFIPIY: Go ahead. i AU: Okay— RAFFIPIY: Is that pertain to your motion? AU: Yes. RAFFIPIY: Go ahead. i 4 AU: Okay, so, I made the motion and I support my motion because I feel the Planning Director and the Planning Department is making an effort to tighten up the rules. Over the course, over the years, and as things happen the Planning Department has difficulty dealing with certain situations and I think this is just making it easier for the Planning Department to deal with it and as a follow-up to Commissioner Aguinaldo. A lot of these services that are defined under medical condition. A lot of these services need, I don't know how to say it,but they somewhat need some kind of education to provide some of these services. It is not like they are doing like the massage they have to have some kind of training to do that kind of stuff. Whereas, when you have a gymnasium or a use like that you really don't need training that's more like a business. But as far as medical terms under medical clinics it's like services provided to the body, wellness of an individual whether it's their mind or their physical body. So, again I just think the Planning Department is just trying to tighten up their rules and trying to just put everything into one (1)bucket, so it is easier to assess those things,but it is good to bring up lot of those things because for us as Commissioners we represent the people in our districts and in the community so. But those are just my thoughts so thank you. RAFFIPIY Alright, thank you Commissioner An. So, the motion is by Mr. Au and seconded by Mr. Replogle that a favorable recommendation be forwarded to County Council on the Ordinance amending HawaiiCounty Code, Chapter 25, based on the Planning Director's recommendation, which shall be adopted. So, any further discussion on that? No discussion? Okay, lets proceed to vote and have the staff take the roll call vote. CAMERO: Thank you Chair. Commissioner Au? AU: Aye. CAMERO: Commissioner Replogle? REPLOGEL: Aye. CAMERO: Commissioner Aguinaldo? EXHIBIT A(DRAFT) 7 AGUINALDO? Aye. CAMERO: Commissioner Clarkson? CLARKSON: Aye. CAMERO: and Chair Raffipiy? RAFFIPIY: Aye. CAMERO: Thank you the motion carries 5-0. RAFFIPIY: Alright, thank you very much. Thank you staff for all the work that you put into this. The discussion ended at 9:39 a.m. Respectfully submitted, Melissa Dacayanan-Salvador, Secretary Windward Planning Commission EXHIBIT A(DRAFT) 8