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HomeMy WebLinkAboutCOM 0235.001 2020-2022 -JNt','oF.....''• Zendo Kern Mitchell D.Roth .-'moo.• . •. Mayor �1 Lim Director Lee E.Lord Jeffrey W.Darrow Managing Director •+. � �ow;• Deputy Director West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwyr . 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County O1 Hawai 1 Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 April 28, 2021 P �$ 4 Maile David, Council Chair •*' and Members of the County Council i County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chair David and Council Members: SUBJECT: Amendment to Change of Zone Ordinance No. 723 (REZ 399) Request: Amendment to Delete All Conditions of Change of Zone Ordinance No. 723 Applicant: Kelly Kagimoto (formerly Beretania Properties, Inc.) Tax Map Key: 2-2-041:075 Regarding the Windward Planning Commission letter dated April 19, 2021 concerning the above-reference matter, attached please find a copy of the draft transcript for the April 1, 2021 hearing for your information. Should there be any questions, please contact Maija Jackson at 961-8159. Sincerely, ZENDO KERN Planning Director LKagimotoREZ399wpctranscript Enclosures Comm. l?J •I omm. Non Ref. To: VG Ref. Date , AY - 4 2021 www.planning.hawaiicounty.gov Hawai`i County is an Equal Opportunity Provider and Employer planning@hawaiicounty.gov WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT APRIL 1, 2021 A regularly advertised hearing on the application of KELLY KAGIMOTO (formerly Beretania Properties, Inc.) (Amend REZ 399) was called to order at 9:09 a.m. via live-stream online meeting, with Chairperson John Replogle presiding. COMMISSIONERS IN ATTENDANCE: Dean Au, Gilbert_44inaldo, Joseph Clarkson, Michelle Galimba, Dennis Lin, Thomas Raffipiy and JohnReplogle. ALSO IN ATTENDANCE: Malia Hall, Esq. (Counsel for the Commission), Zendo Kern, (Planning Director), Jeff Darrow (Deputy Planning Jean-Campbell, Esq. (Counsel for the Planning Director), Christian Kay (Planner),"-Alex Roy(Planner),Ma ja Jackson(Temporary Assignment Program Manager), and Melissa Dacanan- Salvador(Windward Planning Commission Secretary). APPLICANT: KELLY KAGIMOTO (Formerly Beretania Properties, Inc.)- (AMEND REZ 399) as number 81-723 but that was not correct, so the actual Ordinance number is 723 and it was just completed in nineteen eighty-one (1981) so, that's where that 81 comes from. So, we will be referring it to as Ordinance Number 723. Here is the location map, the larger map you can see the rough location of the property, Waiakea.High School of course Hilo Municipal Golf Course and so here is in red and then I zoomed in to the intersection of Kawailani and Kino`ole Street. Please take note that the area that we're talking about today is this black dashed area. I've outlined the entire parcel which we talked about was 20,000 approximately square feet but the area in question would be the area behind or off the road and is that area in the black dashed line. The applicant is requesting at this time to delete all conditions of that rezone ordinance number 723. They are also requesting to retain the Neighborhood Commercial or (CN-10) zoning designation for that portion of the parcel. The applicant inxdsto develop a commercial building on the site in the future. Here's the tax map I_put tht -up for a couple of reasons just to show of course the general location but also take note oft'his drainage easement that runs along and that relates to some of the testimony that you received. So, here's that drainage easement I believe the applicant will be speaking more to that issue later. So, againthe area in question is this yellow shaded area of the parcel. County zoning is currently CN-10 for_the entire parcel andyau can see that the surrounding area around that intersection is also mostly€N-_10 developedwitfa number of commercial structures, gas stations, et cetera. The red area over is RS or Single=Family Residential fifteen(15) or fifteen thousand(15,000) square feet and-*the remaining blue Planning Consultant agent for Kelly Kagimoto and Kelly Kagimoto the applicant. Would you please raise your right hand? ARAI: Raised right hand. KAGIMOTO: Raised right hand. REPLOGLE: Do you swear to affirm and tell the truth in this matter now before the Windward Planning Commission? ARAI: Ido. REPLOGLE: Kelly, you need to unmute yourself KAGIMOTO: I do. -== REPLOGLE: Okay, please state your name and°=the area of your residenc Go ahead. KAGIMOTO: Okay, Kelly Kagimoto.,and I guess the=address 1s two one sevenniTne (2179) . Kino`ole. REPLOGLE: Okay. Did you receive the Planning Department's background report and recommendations? KAGIMOTO: Yes REPLOGLE: Tell us whether you agree with the recommendation and you may give us your presentation = _- KAGIMOTO: I agree-With the recommendation REPLOGLE Okay,please proceed withyour presentation. ARAI: Mr. Chairman? Good morning Chairman Replogle and members of the Planning Commission. My name_is Daryn Arai, I am a resident of Hilo and if you don't mind, I'll go ahead and speak on behal=f of the applicant, Kelly Kagimoto. If that is okay with you? REPLOGLE: That's perfectly fine, thank you. ARAI: Great, thank you very much. Mrs. Kagimoto is available to answer any questions that I may not be able to answer so I appreciate her being in attendance as well but otherwise I'll be responsible addressing all of the items during this proceeding. Mrs. Kagimoto and her family has operated Kagimoto's convenience store which is located just to the south of the subject properties. She's been there for 15 years and in those 15 years she's established herself as a respected member of the community both in business and as a resident. Should the request or her request be approved she'll like to duplicate her family's success upon the subject property. 3 EXHIBIT A(DRAFT) As the staff presentation and background report that was provided to you was thorough, accurate, and very well done as you would expect from the Director and his staff. The applicant really appreciates and accepts the findings and favorable recommendation that was offered by the Planning Director although we hope that that's not an April Fool's joke but, anyway we do appreciate the recommendation. Let's see, the nature of the request is pretty straightforward. It's really finding reasonable use of the subject property consisting of a little over 20,000 square feet that has maintained its zoning for the past forty(40)years and a portion of it adjacent to Kino`ole as far back as fifty-three (53) years ago. Back in nineteen eighty-one (1981) the original proposal was for a sixteen(16) unit apartment complex, two (2) stories high with a parking area of about twenty(20) stalls. The applicant==Tcurrent consideration is for a store similar to Kagimoto's roughly about two thousand (2,000 square feet in size and a parking area of about seven(7)parking stalls much smaller than•what was already proposed 40 years ago. The applicant understands the drainage and noise concerns that were raised by neighbors located immediately makai of the subject property. In-response, Mrs. Kagimoto offered information, additional information that we believe copies have been provided to all the Commissioners and that information was transmitted directly to Mr. Lours Carvalho=who is a family and representative of those owners who resides immediately makai of the subject property. I had the opportunity to speak to Mr. Carvalho twice,in,the weeks leading up to today's meeting and where I really tried to. I should mention he repr-_esents families situated on four(4) individual parcels located makai of the.ssubject property and consisting of roughly one(1) acre in total of land area. In those two (2) conversations dried to addresshis concerns and that of his family. He sought and I providednformation that he asked o =me,Itried_to clarify the amendment process to him, all told I really hope that the applicant and I have adequately addressed the concerns of the family that were provided to all of you. But, throughout the 2=conversations I had-with him, I must say that he is a most gracious and knowledgeable gentleft-Wand I really,really hope_that there are more people like him who participate this type of process and I really hope they can be just as gracious and honorable as he was to meso and I did enjoy_my conversations with him. In summary, if granted the privilege to pursue this development of her_store on this property I'm sure Mrs. Kagimoto will proceed in a matter that is in compliance withall applicable government regulations and requirements. She and her family has proven themselves with the success of Kagimoto's and as a good neighbor for the past 15 years and I have no doubt that she would be just as responsible and successful in this current location if given the opportunity. So, with that and I know you probably haven't heard this for quite some time, but I stand ready to answer any questions that you may have. Thank you very much. REPLOGLE: Thank you Mr. Arai. Fellow Commissioners any questions, anything, concerns? AU: Raised hand, Chair I have a question. REPLOGLE: Please Mr. Au. 4 EXHIBIT A(DRAFT) AU: Hi, Mr. Arai, long time no see. ARAI: Good morning. AU: Good morning, I hope you're doing well. • ARAI: I have been, thank you. Likewise, hopefully you all have been well as well. AU: Question for you Mr. Arai, so I guess the concerns that were raised by the neighbors, I guess you mentioned that Ms. Kagimoto has addressed those questions and is Mr. Carvalho happy with it? === ARAI: I would not say or represent that he is happy. I'm tore he is still concerned because I'm sure those concerns will not be resolved until such timethe property is actually developed because you can only say and promise so many things right leadingup.Ito the actual development but,he is a very learned individual and he asked mea number of questions about my interpretation of code, and how certain things apply, and I tried my best fo=answer them. I think we arrived at where he understood what we were trying to accomplish on theroperty and how the applicant will be developing it in very responsible manner-and in compliance with regulations and at no point did he that1zcould remember,_where he actually challenged the validity or the accuracy of the information thaw provided fo him. He may not necessarily agree, but I don't think we thought that I was misinterpreting something. So, we left the conversation in very, very good terms which is why I was pleased to speakto Mr. Carvalho but in the end, I hope we've addressed-all his concerns AU: Thank you.REPLOGLEThank you Mr Au == ROY: Raised hand. REPLOGLVAYes, Mr. Roy? ROY: I just wanted_to add that I also talked with Mr. Carvalho and while I didn't speak to him directly, he left a message after_hespoke to Mr. Arai and said that Mr. Arai had addressed his concerns and that I didn't=need_to:call him back. So, he seemed like after their conversation and of course you got the response letter he seemed satisfied with those responses from the applicant. So, I just wanted to say that Tie did leave a message and said that he was okay and understood the process and no longer had any major concerns and so that is it. ARAI: Raised his hand. REPLOGLE: Thank you. Mr. Arai? ARAI: I just wanted to disclose throughout this process we tried to be as upfront and transparent as possible in what was being presented to the Commission and the County. The applicant and I 5 EXHIBIT A(DRAFT) took the liberty to provide him with whatever information we provided to the Commission and we did email him directly. This morning I decided to transmit to him a copy of the Director's Background Report and Recommendation to him directly because he told me earlier that he was • having trouble sending emails to the Department and I wasn't sure that he received a copy of the reports. So, he was appreciative of the information provided to him. REPLOGLE: Thank you. ARAI: You're welcome. REPLOGLE: Anything further? ARAI: From me,No, thank you. REPLOGLE: Thank you Mr. Arai. Commissioner-s=`?_WIf there is nothing further, I will entertain a motion for action? AU: Mr. Chair, with hand raised I'm ready to maea_motion =__ REPLOGLE: Mr. Au, please. AU: I move that a favorable recommendation be forwarded to the County Council on the application to amend Change_of Zone Ordinance No.723 based on_the Planning Director's recommendation, which shall be adopted. =- AGUINALDO: Raisedhis hand, L-second REPLOGLE Thank you. So, it has beenmoved by_Commissioner Au and seconded by Commissioner to accept the PlanningDirector's recommendations. All those in favor, oh-will the staff do the roll call thing. AU: Raisedl and, Mr. Chair?__ REPLOGLE: Yes,Mr. Au. Go ahead. AU: Just really quickT97t discussion and comment purposes I just want to say that the store that the applicant owns close by thsproperty is a well-known store, a lot of local people go there, it is nice to see local businesses-still thrive and still alive and I would love to see the traffic be mitigated in that area. With cars parked right on the side of the road at least if there is store more in the backside there is more of a parking lot and is not so congested and dangerous. So, I fully support this application and it is nice to see that this family is still thriving with the conditions that we live in now with local businesses suffering. Thank you, Mrs. Kagimoto— KAGIMOTO: Thank you. AU: —for coming up. 6 EXHIBIT A(DRAFT) RELOGLE: Thank you Mr. Au. Mr. Roy you are doing the vote or— CLARKSON: Raised hand. REPLOGLE: —oh excuse me, Mr. Clarkson? CLARKSON: Yes, I just want to take this opportunity to reiterate what I've said on many similar occasions in the past and that is if a property deserves to be rezoned, it should be put on an equal standing with all the other property in the same zone. :o I'm glad to see that conditions are being removed that are specific to this prope ty I think that further rezone applications should be considered in the same like it deserves fo be rezoned at all and a lot of properties won't. It should just be put on anequal footinthe existing conditions and regulations concerning development control thgs let e development ofthe_property. That's all. Thank you. --- REPLOGLE: Thank you. Thank you, Mr. Clarkson. ROY: Okay. I'm going to take a rolllcall this is for to approve as recommended by the Planning Director. Commissioner Au? AU: Raised hand, aye. ROY: Commissioner Aguinaldo? AGUINALDO: Raised hand, aye = ROY: Commissioner Clarkson CLARKSON: Raised hand, ROY: Commissioner Galimba , GALIMBA: ROY: Commissioner Lin?- LIN: Raised hand, aye. ROY: Commissioner Raffipiy? RAFFIPIY: Aye. ROY: And Chair Replogle? REPLOGLE: Aye. 7 EXHIBIT A(DRAFT) ROY: The motion caries seven(7) to not. JACKSON: Chair Replogle? REPLOGLE: Thank you, yes. JACKSON: I just want to clarify that the motion is to send a favorable recommendation,to the County Council and not approval. REPLOGLE: Okay. JACKSON: Thank you. REPLOGLE: You're welcome. Thank you. _= ARAI: Thank you so much. REPLOGLE: And you will be notified of the Comin gsion'-s=decision in writing_: ARAI: Thank you so much everyone = AU: Waved back. CLARKSON: Waved-back. KAGIMOTO: Waved, thank you LIN: Waved�Gack KERN waved back. RAFFIPIY Waved back. TA DARROW: Waving Band. ARAI: Nice to see all of yot_again. REPLOGLE: All the effort you put forward with Mr. Carvalho is appreciated. Thank you. KAGIMOTO: Thank you. ARAI: Thank you very much and he is an awesome gentleman as well thank you very much, much appreciated. Take care everyone. RAFFIPIY: Take care Mr. Arai. 8 EXHIBIT A(DRAFT) KAGIMOTO: Bye. The item ended at 9:23 a.m. Respectfully submitted, Melissa Dacayanan-Salvador Secretary Windward Planning Commission 9 EXHIBIT A(DRAFT)