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HomeMy WebLinkAboutMIN PC 2022/06/14 2020-2022 Committee on Planning 26th Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawai i June 14, 2022 CALL TO The regular meeting of the Committee on Planning was called to order at 9:30 a.m., ORDER: the Council Chambers, Kailua-Kona, by Ms. Rebecca Villegas, Acting Chair. ROLL CALL: Present: Ms. Rebecca Villegas, Vice Chair Mr. Aaron S. Y. Chung, Member Ms. Maile Medeiros David, Member Mr. Holeka Goro Inaba, Member Mr. Matt Kaneali`i-Kleinfelder, Member (came in later) Ms. Heather L. Kimball, Member Ms. Susan L. K. Lee Loy, Member Mr. Herbert M. "Tim" Richards, III, Member Absent& Excused: Ms. Ashley L. Kierkiewicz, Chair STATEMENTS The Chair directed the Committee to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Chair: Janice Palma-Glennie: Bill 181 (Comm. 829), comment. Dwight Vicente: Bill 181 (Comm. 829); and Bill 183 (Comm. 832), comment. ACTING CHR. VILLEGAS: At this time, we're going to call a short recess. We're having some technical challenges. So, we're in recess. Recess: At 9:40 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 10:05 a.m. ACTING CHR. VILLEGAS: Thank you everyone for your patience as we navigate our way through some technical issues. But I am calling this meeting back to order, the Committee on Planning. And then with that, I'll turn to you to read in the first bill. PC-26 June 14,2022 BILLS FOR The Chair directed the Committee to proceed to the next order of business, ORDINANCES: Bills for Ordinances. Bill 181: AMENDS ORDINANCE NO. 06-82 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL—20 ACRES (A-20a) TO FAMILY AGRICULTURAL— 3 ACRES (FA-3a) AT KALOKO MAUKA SUBDIVISION, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-3-024:008 (Applicant: Clinton Hinchcliff, Jr.) (Area: 21.992 acres) The Leeward Planning Commission forwards its favorable recommendation for this amendment, which would in part allow a five-year time extension to comply with Condition D (Final Subdivision Approval), amend Condition E (Restrictive Covenants), and delete Condition J(Improvements to Kaloko Drive/Mamalahoa Highway Intersection). The property is located along the south side of Kaloko Drive at the northeastern corner of its intersection with Hao Street, Kaloko Mauka Subdivision, North Kona. Reference: Comm. 829 Intr. by: Ms. Kierkiewicz (B/R) and Comm. 829.1: From Planning Director Zendo Kern, dated May 10, 2022, transmitting the transcripts from the Leeward Planning Commission's April 21, 2022, meeting. ; and Comm. 829.2: From Planning Director Zendo Kern, dated May 11, 2022, transmitting a comment letter, dated April 19, 2022, from the State Department of Transportation. Motion to Approve: Mr. Inaba moved to recommend passage of Bill 181 on first reading. Seconded by Ms. Lee Loy. ACTING CHR. VILLEGAS: With that, we'll go ahead and invite the representative of the development. Thank you, Mr. Fuke, for joining us here today. (Note: At this time, Planning Consultant Sidney Fuke came forward to address the members of the Committee.) MR. FUKE: Good morning Vice-Chair and Members of this Committee. My name is Sidney Fuke and I'm a Planning Consultant. I'm here assisting Mr. Clinton Hinchcliff. So, local boy born and raised here on the Kona side, he has a number of small businesses over here. The primary intent behind this rezoning application, this, well, is about time extension. It's really to enable him to, you know, finalize a subdivision that he got involved in a number of years ago; got sadded in litigation, and finally in the year 2020, you know, things got settled. And then he was able to proceed only to find out that the time had expired. His Page 2 PC-26 June 14,2022 intention is to, if approved, it'll ultimately be a seven lot subdivision. He wants to be able to reserve a couple of the lots for this two children, one for himself, and one for his father. And basically have the other two or three lots available for sale to help underwrite the cost for developing the subdivision. We are requesting that additional time, and he's kind of prepared to go ahead and finalize the subdivision, you know, should the Council approve the time extension. During the course of the Planning Commission hearing, there was some public testimony, and also one which was raised today. You know, dealing with the question about the Kaloko Drive intersection. And you know, we're more than prepared to answer that. Or if the Council prefer me to just begin the dialogue, I would be more than happy to do so. But I'll defer to, you know, Madam Vice Chair on this. But aside from that, you know, it's pretty much straight forward. If you look at the zone map, the surrounding area is all currently zoned FA-3a (Family-Agricultural District), which is similar to what Mr. Hinchcliff's proposal is. But I'm available for any questions you might have. For your added information, Mr. Hinchcliff is seated in the back. And the reason why I wanted to help him is that we both have the same hairdo, so that kind of helps. There's some kind of similarity, so anyway. But, yeah, I'll open ourselves up for questions. And he's in a position to answer any questions you may have as well. ACTING CHR. VILLEGAS: Thank you Mr. Fuke, I appreciate that. At this time, any of my colleagues have any questions or comments? Mr. Inaba. MR. INABA: Yeah, thank you. Do we have Director Kern on the line? Or anyone from Planning? Yes, good morning Director Kern, thank you for joining us today. Just to see if you could explain a little bit about Condition G-3 with regards to the 20 percent cleared or grubbing. For the record,that's a new addition to this bill. (Note: At this time, Planning Director Zendo Kern came forward to address the members of the Committee.) MR. KERN: Sure, so G, right? The Forest Management Plan? MR. INABA: Yes. Page 3 PC-26 June 14,2022 MR. KERN: Yeah, no problem. That's been a standard condition that's been going in this area for properties that exceed, I believe, the 3,000 feet elevation. And the real intent of that is to, you know, develop that Forest Management Plan and maintain at least 80 percent of the land area in native forest. That does allow for invasives to be removed, and replenished with natives. And so that's been a consistent condition. MR. INABA: Director Kern, you're coming in a little soft. MR. KERN: Okay, I'm sorry, on a different computer. Did that help, if I talk louder? MR. INABA: Yes, thank you. MR. KERN: Yeah, so for that area that's been a consisting condition. I can't think of exactly how long, but at least the lastI want to say at least ten years or so. And the goal there is that above a certain elevation of around 3,000 feet, it's a requirement that that area be kept with at least the 80 percent of the native forest. That can be, you know, invasives can be taken out, replenished with the natives. But that's the real concept,just to keep that area, you know, forested. MR. INABA: Okay, thank you. And then, for Condition J, which we're removing that was holding the building permit until improvements at the Mamalahoa, Kaloko Drive intersection are completed. And previously, there were some options as to what improvements would be included. I know you and I have had conversations with the Department of Transportation, but I do see a letter in our packet here saying that the State is not responsible for improvements to this intersection. And that runs contrary to my understanding based on the meetings we've had. So, can you explain a little bit of what's going on there? MR. KERN: Sure. And I would say that is correct. That that letter would be contrary to the meeting that we had. I was able to convene a meeting; you were there. We had DPW (Department of Public Works) as well as the HDOT (Hawai`i State Department of Transportation). And they're in the process of doing a TIAR, Traffic Impact Analysis Report for two intersections along there, this Kaloko Mauka being one of them. And actually you can confirm this, that you know, in that conversation, it was really—we want to look at it. They want to look at it; they wanted to analyze the traffic pattern. And then from there, there'll be a recommendation on what was supposed to have been done there. And my understanding is that they want to move forward with those improvements. Page 4 PC-26 June 14,2022 We have a fund balance through basically this fair share contribution for this intersection sitting in reserve there. And so the goal is to work with them and be able to help out with some of the funding for that intersection depending on what comes out. It might be signalized, it might just be channelized. And so, I would say that that letter is very contrary to the conversation that we had. It is a State road in that area. So, my understanding is that it is their responsibility to do that. Yet, we're willing to help, because we know that the need is there and we have some funds through this process. MR. INABA: Okay, does this bill before us add any more to that improvement fund, the fair share fund? MR. KERN: Yes, it would. It would basically be the $15,000 per. So that will increase that balance by the multiplication of those numbers. MR. INABA: Okay, thank you. Well, you know, for the applicant I know there were legal proceedings that held this up. Mr. Fuke, being that you're at the table, what is the plan moving forward to make sure that we're not here again in five years or ten years if an extension is granted Administratively? MR. FUKE: I understand. If I could just kind of amplify on some of your questions and the responses. On the intersection question, at this point in time, there's like about $677,000. And if the rezoning is approved and ultimately prior to receiving the final subdivision approval, there's an obligation to provide the fair share. That fair share comes out to an additional $90,000. And so presumably within the next couple of years, you might have like a nexus of three-quarter of a million dollars. The incredible thing is that, you know, that so-called problematic intersection falls under the jurisdiction of the State. The County has the money, but the State doesn't. So, at the Planning Commission meeting, the discourse was, you know, with the Director as well as the staff members and the commission was essentially to say like, "Well County, can you and Public Works get together with the State to figure out exactly, you know, how to spend this money?" We're willing to provide at least three quarters of a million dollars. Sure, you may not necessarily have like the so-called BMW version of an intersection improvement, but if something that can be done to at least make that area much more palatable from the safety standpoint, then please feel free to use the funds. And I think, what the Director had indicated, is that the State is in the process of doing a traffic assessment to figure out what kind of mitigation can be had. And once that mitigation program is developed then the County, I believe, would stand ready to exercise the release of those funds, which requires a Council approval, by Page 5 PC-26 June 14,2022 the way, because it's money that the County has right now. But that's in the area of like three quarters of a million dollars. If you look at the whole scheme of, you know,that particular area, and that's your area, you travel up and down. You know,that Kaloko intersection has some problems, but in my mind,just driving through that area this morning, Kaiminani Street is even worse. And that also belongs to the State Highways. So that's not signalized. So, I was looking at Kaiminani Street and I was looking at Kaloko and saying, well, what kind of improvements can be made? I'm not an engineer, and so that's where the assessment comes out. And the ability to utilize those funds, I think, would be great. The other thing, you know, you asked a question about the condition regarding the 20 percent grading the area. As the Director indicated, it's really like two primary motivations behind such a condition. And this is way back when, it started about 15, 20 years ago. There was like, one was designed to, you know, because it's heavily forested in that area,there is a potential for nesting by the Hawaiian Owl, the Hawaiian Hawk. So you need to kind of provide that opportunity. The twin objective was if the whole property was going to be denuded then there's potential of losing a relatively precious watershed. And so, through this condition, that it helps enable the preservation of those two, you know, those twin objectives. And that's the reason for that condition. MR. INABA: Okay, thank you. Yeah, I'll just state for the record, there is significant concern regarding the intersection by Kaloko residents and even others from the community who use that intersection. And that TIAR is being done by the State not just for the Kaloko intersection but for Kaiminani, as well. So we're hoping to have that done in August. I'll be following up with Director Kern. We have another meeting scheduled with DOT. But with that, I'll be supporting this project. It is in my district. And it is an opportunity for the applicant to, you know, create a space for his `ohana. And I just look forward to taking care of the intersection problem in the best way possible. So,thank you Mr. Fuke for being here. Thank you, Director Kern. Chair, I yield. ACTING CHR. VILLEGAS: Thank you, Mr. Inaba. Ms. Lee Loy. MS. LEE LOY: Thank you. You know, I'm just going to follow the recommendation of the Council Member from the district. But I just want to renew, Director Kern. These time extensions, oftentimes a lot of the conditions that are required have a different time clock. So some of these conditions are with the State Department of Forestry, State Historic Preservation Division. And I'm just going to renew my request, if there's ways for us to somehow either help them expedite the conditions of Page 6 PC-26 June 14,2022 approval and/or stop the clock when it's not on the applicant and it's with an agency, so that they can successfully complete these projects. They're done with a lot of work, lot of forethought. These conditions are placed on them that help impact the community and some of the community needs. And so, I'm just going to renew that again, Director. Thank you, Chair. I yield. ACTING CHR. VILLEGAS: Thank you, Ms. Lee Loy. Anyone else at this time? Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Thank you for being here today, Mr. Kern. This is a 21-acre parcel, correct, or little bit more than 21 acres? MR. KERN: Correct. MR. KANEALI`I-KLEINFELDER: And they're going for six or seven lots? MR. KERN: Seven lots, six additional. MR. KANEALI`I-KLEINFELDER: Six additional. How many water credits do they have? MR. KERN: My understanding is that they have the water credits that would be necessary to do the project. MR. FUKE: If I can answer that. Yes,they do have seven water units and the commitments have already been paid for. MR. KANEALI`I-KLEINFELDER: Okay, thank you. And then, why the push for Family Ag? Not that it's wrong, but I'm just interested MR. FUKE: I think that the Zoning Code was amended to the point where, you know, at one point in time, anything was always Ag 1, Ag 2, Ag 3. But then the Code was amended to say if you have properties where the area was going to be less than five acres, but in Agricultural Zone, the category is no longer A-3, but it is FA, Family Ag. MR. KANEALI`I-KLEINFELDER: Okay, Mr. Kern? MR. KERN: That's completely accurate, yes. Page 7 PC-26 June 14,2022 MR. KANEALI`I-KLEINFELDER: Okay, that's all my questions. ACTING CHR. VILLEGAS: Thank you, Mr. Kaneali`i-Kleinfelder. Chair David. MS. DAVID: Thank you, Vice Chair Villegas. Aloha. I think this is a question for Director Kern. Director Kern, can you clarify that this lotI'm looking at the map. At what elevation does the 80 percent forest preservation kick in? Do you know? I know it's basically not at the very bottom of Kaloko Drive, but at some point, do you recall? MR. KERN: Yeah, I do. I'm pulling it up right now. Maija, do you have that right available on your end, maybe you could jump in here. But I know we have it here. MS. DAVID: Because I'm looking at the map. It seems like it's almost halfway up Kaloko Drive, but I think there's an elevation provision for that. (Note: At this time, Planner VI Maija Jackson came forward to address the members of the Committee.) MS. JACKSON: I can respond to that. MS. DAVID: Thank you. MS. JACKSON: So the County Council passed Resolution 97-58 in 1997. And it basically said that any rezonings above the 3,000-foot elevation in Kaloko Mauka or above the 2,500-foot elevation elsewhere in the North and South Kona districts will not allow rezones to less than 20 acres. And then it also established in Kaloko Mauka above the 3,000-foot elevation, a Forest Management Plan. And that requires that 80 percent of the property be maintained in forest. It establishes some setbacks from the roadways and other requirements to preserve the native forests. MS. DAVID: Thank you, Ms. Jackson. That kind of restores my memory about this. Thanks for clarifying that. And I'm looking at the conditions in this application. So, because there's restrictions in this application in the conditions, this lot does fall within that preservation area then? MS. JACKSON: I believe so. It actually may be a little bit below that elevation, but it's been a standard practice of the Planning Department as well as the Commission and Council to apply that even at lower elevation, given it preserves Kaloko forest. Page 8 PC-26 June 14,2022 MS. DAVID: Okay, great. Thank you so much for that refreshment course. I yield. Mahalo. ACTING CHR. VILLEGAS: Thank you, Chair David. Anyone else at this time? No? Okay, I just have a couple of questions. So, you mentioned that there was some complications in title or ownership that was the cause for the delay? MR. FUKE: Yes, so Mr. Hinchcliff, you know, got involved in investing in the property with the former owner-developer. And there was ultimately a falling out. And that litigation took in access of five years to get settled. And so in the meantime, the land just sat there. You know, in spite of the fact that they received tentative subdivision approval, and then I think in the year 2010-2011, that's when he elected to participate in it, you know, for the benefit of his children and his family. Then the litigation started. And so, probably up until 2018 or so things finally got, you know, it worked its way out, and then he's in a position to freely make this application. ACTING CHR. VILLEGAS: Okay, so but what's before us right now is a time extension? MR. FUKE: Correct, yes. ACTING CHR. VILLEGAS: For another five years. MR. FUKE: For another five years, yes. ACTING CHR. VILLEGAS: Okay, which is a challenge for Council in just the fact that we've recognized the pattern and the habit of time extensions causing some complications when it comes to appropriate planning and development. It sounds like this is related just to family and a prior business associate. You know, growing up here, the intersection at Kaloko is a deadly intersection. We lost, you know, the founder of Lavaman Triathlon. And other people have been seriously injured at that intersection. So the difference between the Kaloko intersection and Kaiminani intersection is that there are no pullout lanes or merging areas. So there is a dire need for something to happen there before the potential of, you know, seven lots. Let's say two cars per lot. I mean that's just adding a lot of traffic to the area, and I don't want to see anyone else die. I don't want another friend to grow up without his father because of the blindI was just in Kaloko Page 9 PC-26 June 14,2022 on Thursday gathering for the weekend for the parade and whatnot, and really felt that even coming out at that time. So, I know the Kaloko community is really tight. I want to also thank you for being vigilant about maintaining the forest there. And driving down just the other day, I noted some of the parcels that are currently being bulldozed to create house lots are not maintaining that 60-foot forest zone from the road going back. And you know, I would have to look up why or what their conditions were, but it's tragic. This is one of the last cloud forests on the planet. And the i`e i`e and our native species are suffering as it dries out with the elimination of the forest. I'm really grateful that the practices have changed and adjusted, because for a while, people were buying the lots and just bulldozing the whole thing. And we can't afford to do that anymore. So, thank you for including all of those requirements here. I had one question about W-5, which seems to be a new addition. "If the Applicant should require an additional extension of time, the Planning Director shall submit the Applicant's request to the County Council for appropriate action." And I just wondered if that's normal protocol. And that's normally included in things, and does that responsibility normally fall to the Planning Director? MR. FUKE: Well in years past, you know,the Planning Director, based on the original ordinance, was given the ability to make an initial Administrative extension. What this does is explicitly remind everybody that, if you don't comply with the time constraints, then you know, we're going to have to go before the same body. That's what this condition states. ACTING CHR. VILLEGAS: Okay, great. Thank you for clarifying that. The other thing I just wanted a little bitI noticed the inclusion of the archeological field inspection and historic resources. And then, this is just a point of question about protection for the `Io and for the Blackburn's Sphinx Moth; and then the Hawaiian Hoary Bats. But then it talks about the Nene and seabirds. And I just wondered if that was specific to this property, because I wasn't aware that there were Nene in Kaloko. Or is this just kind of an inclusion as a broader ? MR. FUKE: Neither was I, but I think, you know, like what this is, is like an embodiment of a standard comment that the State DLNR (Department of Land and Natural Resources) Forestry Division makes. And then it somehow winds its way into almost like all applications as conditions. Page 10 PC-26 June 14,2022 ACTING CHR. VILLEGAS: Great. Well, I'm happy to see it here because I think it's also top of mind as we continue to do our best to make responsible decisions when it comes to development, and zoning, and changes. And that we're held accountable for the species and the ecosystems that are impacted by those decisions. So I think, you know, I'll be supporting this today. But I do think there are someI have concerns about this differing opinion with who has, you know, where the responsibility lies for that intersection and the improvements. The further we put it off, the more chance for serious damage and loss of life. And nobody wants to see that happen. So,thank you Mr. Fuke. Yes, Council Member Inaba. MR. INABA: My apologies. Director Kern, in looking at Section W, the wording just doesn't make sense to me, because W says that the Director is able to grant an extension of time. And we have our normal, 1-2-3-4 there, but Number 5, it says, "If the Applicant should require an additional extension of time, the Planning Director shall submit the Applicant's request to the County Council for appropriate action." So, there's two different things being said here. One is that you were going to give the approval; the other is that, we are going to give the approval. So I think, unless I'm reading it wrong, this needs to be corrected. MR KERN: So, it's kind of saying both. That there's the ability for an Administrative time extension, but beyond that if they need time then it has to come back to Council. I could see how that's a little bit confusing. We can work on some language to clarify that. MR. FUKE: I stand corrected. Yeah, in rereading it, it would seem like based on the existing the way the language is crafted right now, it enables the Planning Director to grant an initial Administrative extension. And over and beyond that it would require the Council's, you know, action. If on the other hand, the Council is intent on not allowing the Planning Director to grant any Administrative extension, you know, the applicant would prefer an ability to have Administrative extension, but they can understand like, you know, all this discussion about wanting to make sure that the development occurred in a rather timely fashion. In this particular situation, I know, like in based on conversations with Mr. Hinchcliff, he has every intention of wanting to finish this thing sooner than later. So, I'm sure that wouldn't raise any objection on his part. But bottom line, we'll defer to the Council. Page 11 PC-26 June 14,2022 MR. INABA: Okay, thank you. Director Kern, yeah, maybe we can just clarify the language. You know, maybe an additional extension or an extension beyond that. MR. KERN: Beyond that. Something like that, too. MR. INABA: Just so it's very clear what is happening here. But, happy to move this forward today. Thank you, Chair. ACTING CHR. VILLEGAS: Thank you, Mr. Inaba. Is that it from everyone? Alright. All those in favor of forwarding Bill 181 to Council with a positive recommendation, please say "aye." Vote on Bill 181: The motion to recommend passage of Bill 181 on first (Approved) reading was carried by the following voice vote: Ayes: Committee Members David, Inaba, Kimball, Lee Loy, Richards, and Acting Chair Villegas —6. Noes: None. Absent: Committee Members Chung, Kaneali`i-Kleinfelder, and Kierkiewicz—3. Excused: None. ACT. CHR. VILLEGAS: Thank you. And with that we'll move on to the next agenda item. Bill 183: AMENDS SECTION 25-8-25 (KEA`AU ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO VILLAGE COMMERCIAL— 10,000 SQUARE FEET (CV-10) AT KEA`AU, PUNA, HAWAII, COVERED BY TAX MAP KEY: 1-6-002:082 (Applicant: Lawrence Palmer) (Area: 11,254 square feet) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to establish a furniture and appliance retail outlet to include two showrooms, two bathrooms, a workshop/storage space, and a parking lot with four parking stalls, one of which will be ADA accessible. The property is located at 16-540 Laukahi Place, approximately 150 feet east of its intersection with Old Volcano Road in Kea`au, Puna. Reference: Comm. 832 Intr. by: Ms. Kierkiewicz (B/R) and Page 12 PC-26 June 14,2022 Comm. 832.1: From Deputy Planning Director Jeffrey W. Darrow, dated May 31, 2022, transmitting the transcripts from the Windward Planning Commission's May 5, 2022, meeting. Motion to Approve: Ms. Lee Loy moved to recommend passage of Bill 183 on first reading. Seconded by Mr. Inaba. ACT. CHR. VILLEGAS: Mr. Pipan, feel free to come and join us. Mr. Palmer, good morning, thank you for being here. Go ahead and turn on the microphones and state your name for the record. (Note: At this time, Planning Consultant John Pipan and Applicant Lawrence Palmer came forward to address the members of the Committee.) MR. PALMER: Lawrence Palmer and my wife Julie. MR. PIPAN: Good morning, John Pipan, Land Planning Hawaii. Shall we proceed with our remarks? ACT. CHR. VILLEGAS: Yes, dive right in. MR. PIPAN: Thank you, Vice Chair Villegas, County Council Members. Really appreciate all you do for your communities. The care and dedication you show in your representation of those folks. Mr. and Mrs. Palmer, owners of Ross' Appliances and Furniture. And last year they came to us with a property they had just purchased in Kea`au with the idea to establish and appliance and furniture outlet store there. It had existing RS-10 (Single-Family Residential) zoning, so we evaluated it against all the metrics, all the guidance documents that looked good for a commercial rezone being adjacent to existing CV-10 (Village Commercial) zoning. To the east,there's a convenience and gas station. To the south,there's the HMSA (Hawai`i Medical Service Association) Administration complex. There's a school nearby. And even the RS-10 zoned property to the north, is the site of a Hawaiian Telcom installation switching station. So there's not much in the way of potential impacts. You know,the lot has been cleared and developed residentially since 1990. Again, it's aligned with the Puna Community Development Plan. It's right in the Kea`au Village Center area, which is directed for additional growth and commercial uses. It's got a General Plan LUPAG (Land Use Pattern Allocation Guide) designation of mixed low-density and medium-density Urban. Page 13 PC-26 June 14,2022 So, all of these things are supportive of the request for commercial use and Commercial zoning. All essential utilities and services are available to the property. It's cleared and platted and just makes a lot of sense. The property is over three miles from the coastline. You know,there's not any coastal hazards or shoreline erosion that we have to be concerned with. No impacts or anticipated traditional customary Native Hawaiian practices. It's basically lawn with a single-family residence on it. At the Planning Commission we had requested to defer conditioned improvements; curb-gutter-sidewalk, utility relocation,just based on the very low-impact anticipated by the proposed use of a furniture, appliance outlet store, we're kind of jokingly imagine folks coming in and carrying out their refrigerator or their couch on their backs. It doesn't make a whole lot of sense. However, we recognize and appreciate the concern for pedestrian safety along this street given that there's a school nearby, and there can be pedestrian traffic there. So, we're accepting the fact that those curb-gutter-sidewalk improvements are going to be required prior to establishing the commercial use. And traffic impacts at this site according to this use are basically non-existent. If you look at the Institute of Traffic Engineers Trip Generation manual it calculates out to about .6 peak hour trips anticipated for this use. That lines up with, you know,the number of patrons they're expecting, five to ten over the course of a day. It's not going to be a very busy site. So impacts will be practically non-existent. So with that, I'll allow Mr. Palmer to introduce himself and tell you a little bit more about their business and his background here. But would really appreciate your favorable recommendation of this bill to the full Council. Thank you. ACT. CHR. VILLEGAS: Thank you, Mr. Pipan. Mr. Palmer. MR. PALMER: Good morning again. Julie and I, we've own Ross' Appliances on Oahu for about 20 years now. And we've been coming to the Big Island with our tent sales and bringing hotel furniture and low-cost items to people who can't really afford to buy new. Our big challenge has always been, having a store here, is the rent. The rents are just they go up and up and up. We've had a store in Kaiwi Square in the old industrial down here, and it went on for a while. And the management. We weren't able, it was hard for us to control on Oahu. You know, it just seems like when we're here everyone works hard, and then when I leave, I don't know if they sit down or what happens. Page 14 PC-26 June 14,2022 But, at the same time, we had a store in Hilo on Kanoelehua, the old Singer Building the old Hilo Hattie Building. And this was maybe 25 years ago or so, but kind of the same thing. The rents went up and it was just difficult to manage. Now, in this case, we found this house, and it's a really nice location. I mean Kea`au down there, it's just really nice. They've got the new Longs. It's just a perfect area. And our son, he's 26-years-old. He's been working with us. He's moving out here. We bought a house out in HPP (Hawaiian Paradise Park) and we're renovating it, and he's going to live out there. And the plan is he'll work in Kea`au. No one's going to live at the house. It's just a store. And everything is I think going to work out this time, you know. We'll own the lot, we'll own the house. And you know, we've got our son in there who we trust, and he's a good boy. And we think it's going to work out real good. And we pray. I think it's going to be good. So, that's the plan. Thank you. ACT. CHR. VILLEGAS: Thank you, Mr. Palmer for sharing that real personal tie to why this vision and why you're asking for this change of zone and how you're setting this up for your family. Thank you. With that, I'd like to open it up for questions. Yes, Ms. Lee Loy. MS. LEE LOY: Thank you. You know,this is a unique area, because myself, Mr. Kaneali`i-Kleinfelder, and then Council Member Kierkiewicz kind of intersect right here in Kea`au. So just for the record, Mr. Pipan and for the applicant, you've read and agreed to the conditions of approval that's outlined in Bill 183? MR. PIPAN: Yes. MS. LEE LOY: Great. Thank you. You know, I'm glad you raised that issue about the sidewalks, because I know of HMSA. And we're trying to create kind of a walking community; but you're right, nobody's going to put a bed on their back to walk home. But you know, I think it fits with the character of the community. And then some of the other things that happened. I know Kamehameha Schools; the schools around there, I think there's a church right towards the back there. And I also know that we actually run—well not us, but the Boys and Girls Club runs an after-school program down by the gym. So I actually do think this is a really good fit for the community. So with that, you know, you confirming that you have read the conditions of approval and agreed to them, I'm fine. I'm looking forward to hearing from my fellow colleagues who represent Puna, which is Mr. Kaneali`i-Kleinfelder and Page 15 PC-26 June 14,2022 then Ms. Kierkiewicz when she comes back next Council meeting. But I will be supporting this. Thank you Chair, I yield. ACT. CHR. VILLEGAS: Thank you, Ms. Lee Loy. Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Thank you for being here, appreciate it. Good opening introduction on the project itself. The pedestrian access is key because you have the school, you have the 7-11. And as we push for, you know, for safer access for our keiki and community this really lines up. And this has been back-and-forth in different ordinances. You know, it's expensive. It's understood, but it's part of the larger picture and for the community good,this is a great thing to do. So mahalo for doing the pedestrian access. As far as the project itself, I'm looking at my map right now. I mean, you're right next to 7-11, correct? MR. PIPAN: Yes, correct. MR. KANEALI`I-KLEINFELDER: Okay. And then renovations to the building won't be outside of the building's footprint as it is now? MR. PIPAN: So that was proposed as a condition to defer the improvements to curb-gutter-sidewalks. So since we're committing to curb-gutter-sidewalks. So right now,the plans as they are would just use the existing structure in its footprint. But that's not a condition within this ordinance. We're still going to have to go through plan approval showing that we meet setbacks, parking, landscaping; all the whole nine yards. But we had proposed a condition that would defer the curb-gutter-sidewalks if we were just using the existing structure, nothing more. MR. KANEALI`I-KLEINFELDER: Okay, understood. As far as the zoning request, I mean you're in line with every plan that I've read so far. Everyone in the Kea`au area, the greater Kea`au area to Volcano. I mean, we need more commercial activities so that we are not sending people into Hilo and decreasing traffic on our roads. So this really falls in line with the overall future goal and future planning in my eyes for the area. So, I'll be supporting this project today as well. And thank you for the introduction. ACT. CHR. VILLEGAS: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else at this time? No? Mr. Richards. Page 16 PC-26 June 14,2022 MR. RICHARDS: Thank you, Chair. I, too, like Ms. Lee Loy wanted to hear weigh in of Mr. Kaneali`i-Kleinfelder. From my view from looking at this, I like the project. It adds economic growth, and it's being very mindful of the community and the access points, and things that have been discussed. So, I'm going to be supporting this. I yield. ACT. CHR. VILLEGAS: Thank you, Mr. Richards. Alright. And with that, I'll just wrap this up. I've always appreciated your stores. The concept of a circular economy and repurposing, and reusing, and providing opportunity for local people to access furniture and appliances at prices that are affordable as well as, you know, you guys take things that might otherwise end up at the landfill that don't need to end up in the landfill, that have another life, really exemplifies of the vision of a circular economy. And so, I just wanted to express my gratitude for that business model. MR. PALMER: Thank you very much. ACT. CHR. VILLEGAS: Yeah, thank you for that, perpetuating that business model. And also, you know, one of the things we talk about a lot of up here, and with the Administration, is the desire to be able to keep our kids who are adults now, but keep them home. And so, providing a good job with a family-owned business in a location that contributes to that community I think is a really great model also to be replicated. So, thank you for your vision in that capacity. And I'll be supporting this as well today. Thank you, Mr. Palmer. All those 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 David, Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Richards, and Acting Chair Villegas —7. Noes: None. Absent: Committee Members Chung and Kierkiewicz—2. Excused: None. ACT. CHR. VILLEGAS: May I have a motion to adjourn? Page 17 PC-26 June 14,2022 ADJOURN- There being no further business, at 10:48 a.m., Ms. Lee Loy moved to adjourn MENT: the meeting. Seconded by Mr. Kaneali`i-Kleinfelder, and carried by the following voice vote: Ayes: Committee Members David, Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Richards, and Acting Chair Villegas—7. Noes: None. Absent: Committee Members Chung and Kierkiewicz—2. Excused: None. ACT. CHR. VILLEGAS: We are now adjourned. Approved: July 1, 2022 Ms. Reb ca Vi -gas, Acting Chair (Date) Planning Committee RV/dt Page 18