HomeMy WebLinkAboutCOM 0520.001 2022-2024i Cam �
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Claudia Rohr
369 Nene St.
Hilo, HI 96720
crohr4&mail.com
(808) 640-5976
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RE: Council Meeting Novemeber 1, 2023,
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Testimony Opposed to REZ Bill 87-2023
To the Honorable Chairwoman Heather Kimball and Honorable Council Members,
I oppose this rezoning bill for the following reasons:
ON THE MERITS
Light industrial zoning is wholly unreasonable in this location because it goes against
our state mandated priorities to promote balanced economic, social, community, and
environmental priorities; our state mandated priority to reach our zero emissions
clean economy targets; and government's constitutional duty to conserve and protect
our natural beauty and our natural resources necessary for a life -sustaining
environment for future generations. This rezoning violates the state priority
guidelines and principles commanded by HRS §225P-9, HRS §226-108: and the
government's duty under the public trust, doctrine.
[§225P-51 Zero emissions clean economy target. (a) Considering both
atmospheric carbon and greenhouse gas emissions as well as offsets from the
local sequestration of atmospheric carbon and greenhouse gases through
long-term sinks and reservoirs, a statewide target is hereby established to
sequester more atmospheric carbon and greenhouse gases than emitted
within the State as quickly as practicable, but no later than 2045: provided
that the statewide target includes a greenhouse gas emissions limit, to be
achieved no later than 2030, of at least fifty per cent below the level of the
statewide greenhouse gas emissions in 2005.
(b) The Hawaii climate change mitigation and adaptation commission
shall endeavor to achieve the goals of this section. After January 1, 2020,
agency plans, decisions, and strategies shall give consideration to the impact
of those plans, decisions, and strategies on the State's ability to achieve the
goals in this section, weighed appropriately against their primary purpose.
cem- 10•
Ref. To: I
Ref. Date NOV - 1 ca_S
[§226-1081 Sustainability. Priority guidelines and principles to promote
sustainability shall include:
(1) Encouraging balanced economic, social, community, and
environmental priorities;
(2) Encouraging planning that respects and promotes living within the
natural resources and limits of the State;
(3) Promoting a diversified and dynamic economy;
(4) Encouraging respect for the host culture;
(5) Promoting decisions based on meeting the needs of the present
without compromising the needs of future generations;
(6) Considering the principles of the ahupuaa system; and
(7) Emphasizing that everyone, including individuals, families,
communities, businesses, and government, has the responsibility for
achieving a sustainable Hawaii.
Hawaii Constitution, article XI, section 1:
CONSERVATION AND DEVELOPMENT OF RESOURCES
Section 1. For the benefit of present and future generations, the State and its
political subdivisions shall conserve and protect Hawaii's natural beauty and
all natural resources, including land, water, air, minerals and energy sources,
and shall promote the development and utilization of these resources in a
manner consistent with their conservation and in furtherance of the self-
sufficiency of the State.
Conserve And Protect Hawaii's Natural Beauty
Neither the application nor SMA Permit No. 2023-000032, nor REZ Bill 87-2023
provide for specific conditions to conserve and protect the natural beauty of the
Special Management Area. The language does nothing more than apply existing
sign regulations and landscaping requirements for light -industrial districts in the
Zoning Code which are inadequate on this parcel and in this SNMA setting.
Without limitation as to the type (no neon or reasonably lit) and number of signs,
and specific hedge -as -screening requirements along ull of the Property boundaries of
this property as a condition of the rezoning, Hawaii's island's natural beauty of the
Special Management area will not be protected for future generations.
Moreover, a rezoning to MCX, Industrial -Commercial Mixed District would have
been adequate to allow for this business and would better protect the natural
beauty of the Special Management Area for future generations. It would be more
compatible with the resort zoning across the street:
The purpose of the MCX (industrial -commercial mixed use) district is
to allow mixing of some industrial uses with commercial uses. The
intent of this district is to provide for areas of diversified businesses
and employment opportunities by permitting a broad range of uses,
without exposing nonindustrial uses to unsafe and unhealthy
environments. This district is intended to promote and maintain a
viable mix of light industrial and commercial uses.
Conserve And Protect Hawaii's Water Resources
The stormwater drains on Kalanianaole Avenue fronting the subject property drain
under the roadway and into the Reed's Bay ice ponds. The outlets are visible. The
applicant only disclosed orally at the LAAC committee meeting that they will be
using a water -oil separator. Neither the application nor SMA Permit No. 2023-
000032, nor REZ Bill 87-2023 provide for specific conditions to properly dispose of
industrial wastewater and oil. HRS section 205A-20(1)(C) provides:
(1) All development in the special management area shall be subject to
reasonable terms and conditions set by the authority in order to
ensure: (C) Provisions are made for solid and liquid waste treatment,
disposition, and management that will minimize adverse effects upon
special management area resources:
A water -oil separator may qualify as a wastewater treatment unit and trikker
environmental review under HRS section 393-5(a)(9)(A).
Zero Emissions Clean Economy Target
Neither the application nor SMA Permit No. 2023-000032, nor REZ Bill 87-2023
contain any requirement for construction of photo -voltaic systems, or photo -voltaic
charging stations for the electric cars on the car lot, or specific landscape
requirements to sequester more atmospheric carbon and greenhouse gas emissions
than will be produced by all these fossil fuel and electric cars. In fact, the
background report includes the DOT'S/FAA's limitations/permitting requirements
for use of solar panels and for landscaping on this particular parcel because solar
panels potentially interfere with the pilots' vision and radio, and landscaping
attracts birds that potentially damages jet engines and causes accidents.
[Background report, pgs. 105-107.] The only logical conclusion is that, on this
Particular parcel, a car dealership will not be able to contribute to oar zero emissions
clean economy target.
Sustainabilit
The land use proposed here and REZ Bill 87-2023 fails to follow those priority
guidelines and principles to promote sustainability that the County government is
required to follow. Besides the state's sustainability priority guidelines and
principles, HRS section 226-109, the State of Hawaii also published the Hawaii
2050 Sustainability Plan through Act S Suecial Session Laws of Hawaii 2005, as
amended by Act 210 Session Laws of Hawaii 2006.
The County must follow Hawaii's 2050 Sustainability laws as part of Hawaii's State
Planning Act. as amended, and "other fundamental concepts of community
planning, specifically, many quality -of -life issues, including water quality, air
quality. land use, energy, and ocean resources that are important to the people of
Hawaii and should be the focus for planning Hawaii s future."
(httt)s://i)lanniiig.hawaii.gov/sustainabilitv/1
The fact that Suisan got its rezoning approved in 1981 is not relevant as support for
this rezoning bill, nor is industrial land use the highest and best use of the property
as the background report would have you believe. In 2005, the LUPAG map was
revised on the request of certain landowners who had their self-interest in mind. It
does not justify the rezoning bill under the facts here.
The Sunshine Law, Due Process Notice, and Environmental Justice
According to the EPA:
Environmental justice is the fair treatment and meaningful
involvement of all people regardless of race, color, national origin, or
income, with respect to the development, implementation, and
enforcement of environmental laws, regulations, and policies. This goal
will be achieved when everyone enjoys:
The same degree of protection from environmental and health hazards,
and Equal access to the decision -making process to have a healthy
environment in which to live, learn, and work.
The property under consideration is the gateway to the Keaukaha and Leleiwi
neighborhoods, both of which are served by the very few commercial properties
along the Kalanianaole Avenue, including the Thai restraurant that this
development proposes to replace. These two neighborhoods have average incomes
below the national and state average, contain a large population of native
Hawaiians and they deserve fair treatment, meaningful involvement and equal
access to the decision -making process because this development involves industrial
zoning that will not directly benefit them and fails to conservation and protect our
natural beauty and the natural resources of the Special Management Area.
The required signageto give the public notice of the SMA and rezoning applications
attached to a chain -link fence on Kalanianaole Ave. was ineffective notice, because
of the speed of the traffic passing the sign and the distraction of a proliferation of
other signs/banners attached to the fencing.
The Planning Department violated the zoning Code, Section 25-2-3(g): `The
director shall publish, on a semi-monthly basis, a list of all applications accepted
under this section in at least two newspapers of general circulation in the
County. Such list shall include the name of the property owner, tax map key
number(s) of the property, the land area, and street address, if available." The
Planning Depart publishes applications one time a month and this application was
published in a single monthly fashion on July 13, 2023, 43 days after it was
accepted.
The agenda listing was so confusing on its face that there were only two persons in
the audience and no one submitted comments or showed up to testify at the
Windward Planning Commission hearings on SMA Permit No. 2023-000032 and
REZ Bill 87-2023. Likewise, the agenda listing for the Council LAAC Committee
meeting on REZ Bill 87-2023 was so confusing on its face that no one submitted
comments or showed up to testify at the Council LAAC Committee meeting. The
agenda listing for the November 1, council meeting and the agenda listings below on
REZ Bill 57-2023 describe the property as located 750 feet northwest of Kanoelehua
Avenue, which is not across the street from the shoreline. Since the agenda listings
below and for the current reading were so confusing on their face that additional
information was needed to be informed about what property was under
consideration for rezoning and an SMA permit, there was insufficient notice under
the Sunshine law.
Conflict of Interest and/or This Was Not a Valid Action of the WPC
The Windward Planning Commission's September 15, 2023 Letter (Comm. 520)
regarding the Commission's action on REZ Bill 87-2023, required by Chapter 7, Sec.
6-7. 5(a)( 3), Hawaii County Charter is not a valid action under the Charter,
Section 13-4 (h):
The affirmative vote of a majority of the entire membership to which a
board or commission is entitled shall be necessary to make any action
valid; except that in the case of a board or commission which has only
advisory functions, the affirmative vote of a majority of those present
shall be sufficient to make any action valid.
The September 15, 2023 Letter signed only by Dennis Lin, Chairman Windward
Planning Commission, incorrectly stated:
The Commission voted to forward a favorable recommendation to the County
Council based on the Deputy Planning Director's recommendations.
The Commission concurred with the Deputy Planning Director's following
reasons for a favorable consideration of the request...
The transcript shows that the WPC voted unanimously to agree to the following
motions:
CROSS: I can make the move to approve. I move that the application for the
Special Management Area Use Permit, Docket No. PL-SMA-2023- 000032, be
approve based on the Plannina's Director's recommendation, which
shall be adopted.
PERRIN: I move that a favorable recommendation be forwarded by the
County Council on the application for Change of Zone, Docket No. PL-REZ-
2023- 000047 based on the Planning Director's recommendations, which
shall be adopted.
The Planning Department prepared a document purporting to be the Planning
Director's Recommendations. The Deputy Director, although present, made no
comments at the WPC September 1, 2023 meeting. Alex Roy, senior planner that
presented a power point promoting the favorable recommendation of REZ Bill 87-
2023, made no disclosure that the Planning Director had a conflict of interest and
what protocol was used to avoid a conflict of interest at the WPC meeting on REZ
Bill 57-2023.
Because the favorable recommendation was either influenced by the Planning
Director's favorable recommendation of a rezoning application submitted by the
firm Hawaii Planning where his sister Katrina Kern works, or alternatively
influenced by the omission of proper protocols and principles of transparency to
avoid the appearance of a conflict of interest as commanded in the Board of Ethics
Informal Opinion in Petition 2020-05, the Commissioners did not make a motion or
vote to approve a favorable recommendation to be forwarded by the County Council
on the application for Change of Zone, Docket No. PL-REZ-2023- 000047 based on
the Deputy Planning Director's recommendations.
CONCLUSION
The only fair solution is to send these concurrent applications back to the Windward
Planning Commission to start anew with sufficient notice and follow ine proper
protocols to amid even an appearance of a conflict of interest.
I only became aware of which property was being considered for rezoning last
Friday and I have not had adequate time to breakdown the inaccuracies in the
Background Report for REZ Bill 87-2023. I respectfully request that you remand
the concurrent processing of the SMA permit and REZ Bill 87-2023 back to the
Windward Planning Commission to comply with the Sunshine Law and Board of
Ethics Opinion in Petition 2020-08, attached.
Thank you for your time and service
BEFORE THE BOARD OF ETHIC'S
COUNTYOF HAWAI'1
In the Mattel of the Petition bo PETITION N'O-'ILO-m
Zendo Kern,
Petitioner.
INFORMAL ADVISOR) OPINION
Hearings JanttarN13, P021:
Apri112. 2021
INFORMAL ADVISORY OPINION
BN Petition filed on December'_'.'0'_0 (heruinatici refereed to as'Pention") NNfill the
ILINNaI'1 CuUNN BOald of Ethics thercinalJer refereed Io as "Board'). Zcndo Kent- fhereina Rcr
referred to us " Peitioner"I requested guidance Emil life Board on potential Conflicts as the ncNel%
appointed Plunninc Dircctorol file Counts Of I lakkM'i_ PctitinnCr rc(ILICI d a CIOSCd hearing,_
AI its duh noticed meetings on Januan 1 ". 2021 wu1 April 12.101_1, the Board rccieNed
and considered fife abocc-captioned PCfltIOn pwsuant to Rule J Of the Rulcs and Maco, c cold
Prucrdurc ul du Rama Of Efio(.c Petitioner ;mended the ntCctngs Lind pntNidel teslinume the
Board. halving dcliherated and considered and eking appropnate a eight to file tcslnll me and
C' IdCIOCC submitted [IN the RCtItIOnCI. and haN'In! considered the ❑1gu1Itenl5 presented. hereb%
renders the OlIoNN ing Findings Of Fact. Conclusions Of LaNN, Lind Order.
FINDINGS OF FACT
I _ TO the extent that anv of these Findings of Fact are COOCIIISIOne Of LoNN. theN arc to be SO
COnSu'ued.
A_ The Petition
'_ Petitioner is a resident Of the COLIOIV of HaNNai'i_
3. Petitioner teas appointed to be the Planning Director for the County of Harlan and is
subject n, confirmation by the Hm%ai'i County Council.
4. Petitioner is seeking guidance on potential contlicts as the neMy appointed Planning
Director under Hatcai'i County Charter. Article SIV. Section 14-2 Standards (c) and
Hatcai'i County Code Sections 2-83 Fair Treatment and 3-84 Conflicts of Interest.
i Hatcai'i County Code Section 2-83, states in pertinent pall.
Section 2-83. Fair treatment.
(a) Officer, and employees of the County. Mille discharging their duties and dealing
mill the public, shall adhere ill the fol l(m ing precepts:
( I I All public propene and equipment are to be treated as a public trust and are not to
he used in a proprictan manner or tot personal purposes tcitltout proper consent.
C ) Vo person in a supemson capacity shall engage in personal or business
relati inships tcith ,subordinates. Mhich might intimidate said subordinates in the
dischal'ge of their otficial duties_
(1) All persons shall he treated ill a nlunenus, fair, all d impartial manner.
Ih1 No officer of eolplovec shall use or attempt to use the Officer's ur enlplovec's utticinl
Ilk I9IIIon to sccuIe of glall I till AAa II allied III 'IA'IIeges, CAelllptl (Ills. ad%a lit ages. Coll lracts,
Ill (leatneln. fill oneself it others, includine hul nut limited tO the tllllOo'ln"
1 I I Seek inu other' Car plo)'mtan or Co[It tact fill set ices tin' oneselfbc Ilse use Or
attempted use of the officer's or emplovee'S office or Po,ition.
CI .Accepting, receiving. or milieiting cunlpensat ion or other considel'at lull for the
lie for Inall CC of the officer's or Con III Oyce's official duties or responsibilities except as
provided by IaM.
(?I Soliciting, selling, of other,, isc cnguging in e sLtbstmltlal financial traeSaclion
Leith a subordinate or a person or business mhorn the ofticer or empIo}cc inspects or
supervises in the officer's or eniployee's official capacity.
(4) C'Sing ('ount% propene. tact lilies, equipment, lime. or personnel till plicate
business, campaign purposes. or for any Purpose other than fill it puhlic purpose..-
(I. Humai) County Code Section'--33 slates in pertinent part.
Section 2-84. Conflicts of interests.
(a) SO oftiCot or employee shall take wry official action directly aHccting:
( I 1 A business or other undertaking in tchich that ofticer or employee has a
substantial financial interest:
(2) A prirate undertaking in which the officer or employee is engaged as Icgal counseh
advisor. consultant, or representative, or other aeencv capacity: or
(ZI A business or undertaking in which the employ cc knows or has reason to know that a
hrolher; a sister. a parent, an Cot anci pated child. or a household member has a
substall l ial flits lie ial interest provided tItatthe financial i itIcresis o C these i odi viduaIS
shall not include those of any spouse or child.
A department head who is unahle to be dIsit Ira l i lied on any matter described in items ( I ).
t 21 all (1 (7) above will not be in violation of this subsection if the department head
has complied with the disclosure requirements nfsectioit i-91.1 _.
Ohl No officer or elit ployne shall acquire tnancial interests in anv business or other
undettaki it which that otticer or can pIm cc has reason to believe ntav be dI I ectly
involved in official action to be taken by the officer or employee.
Petitioner made the to I o w i ng sta(ell enI.
"1 previously operated a Planning and Project A9 enagcntcnt 11rnI( Fern A.>ociates 1.
which represented various clients tit it InUIMade of and use app l icalion% I have
laminate([ all contracts agreements w ith previous clients and sent notices to the Planning
Depa9alent terminating nuv w nm film s representation of application.. prior to taking im
position as Planning Director Fnr tax purposes the entity Fern & :Associates wits not
dissthe(1: however. there a ill be no aclivity with rcspcct In conatlung ordealings that
would cmlLct with ntu Car ICrt position."
B. .lanuaiN_I +, _021 blcetint,
,e- Al the Board's Junumw I 1_1121 ntecuna. Petitioner rcconsidel cd his rcquesl till it clodcd
heurin_ and instead elected to have an opal hearing.
9. Board Vtentbcr Dcnisc Sakdoishi ICCUled Ilenelf lions participating in this mutter due m
personal rcasons-
It Petitioner has implemented a plan to hate (lie Planning DeputyDoccnt res icw anv
matters where Peblioncr inay have a potential conflict of interest.
1 I. Buurd Menther [ amence Heintz requested Petitioner pnn'ide an fSltaa9I14C list of the
projects he has been inrohed with in planning and project development firms and
companies that have or muv come betirte the Planning Department.
I'. Petitions agreed to provide the Board a-ith it IN as requested that will include clients
that he rcprescnted or worked with in the past on or betnre Janua� 15, 1011.
1 i, The Board moved and appim ed a motion 3-0 to defer the Petition to the nest meeting un
Febmart 3, 2021 troth Board Chair Rick Robinson. Vice -Chair Dim \Viseman and
Heather Heintz andng in the aftinnat ice and Member Nakanishi recused from toting.
C. Febmark 8 1011 Meeting
14, 1 he Board noted that Pctitioncr %kas confinned to bethe Planning Director br the H mai'i
County COanC11.
I �. The Petitioner eras present at the meeting but the Board did not hate a quorum to hear the
PCIMO❑ and as such. the Petition ttas continued to the ncct electing.
D. \ll i 112. 1011Vl eelng
16, The Board acknm,icdged receipt of Petitioners client lists in mallets invo1%ing the
Hmtui'i Count Planning Department.
17. Pcliunner stipulated that the client lists that he prodded to the Board he open to the
pubhC.
1 H. petitioner stated Ihm he hs implemented :t process %thercbk the Planning Deparintent
staff trill Ievictc applications all([ cross check it %loth Peationet`s client lists tier it conflict
of interest and dutcmninc mhedter the nID(ter needs to be 1CN IC%ted hp the Depot}
Planning Director.
11). Petniona sated he %ti[I not he inkol ved in any matters invol king his pact cl icnts as
indicated on the client lists he provided to the Board.
30. The Board find_. than Petit onel mac Ic, en- future applications and ant other matter,
under him Iesponsi hi Itq as Panning Director as lone its he %vas not directh inrolked or
had it unc[er Ueni c consideration in private practice.
11. The Board finds that a one tear matting period [e reasonable before Petitioner is allotted
to %cork nn nett applications invoh'ing his funnel clients.
4
'. 1lie Board finds that one } car after Petitioner's appointment as Planning Director.
Petitioner is allowed to work on anv neat applications b) a former client provided that he
was oat itvohed with or had it under active consideration in private practice.
F. lone 9.2021 Meeting.
23. Pd i boner Cahill itted a memo In the Board dated April 20. 2021 1CeUCSti111(' additional
euidancc I Cearding It li,rmer anplavec a-hu is a relative.
14 Pei I Toilet's sisacr. Katrina Kcrn. is Ca IIIcntI cmplovcd with Land Planning lI'm ai'I as the
Office Adnl Inistrator.
Pet i I iITT cr slated he will ICeaNC himself from anv ntaItcis involving his sister. Katrina
Kern and the Board agreed that decision is appropriate.
10 Petitioner nuty request dwl Ihis nmticr he revisited Ill the Board in Ibc ILmnC.
Petitioner suhmiticcl an updated Client list to the Board an June S. 20? I.
F. Bael(I'S 12uline
Based on the evidence presented, the Hoard finals that Petitioner dues not have a conflict
'It interest under the I lamoi'i Counh Code of Ethics us long as he Ballow, the protocols
sea Inrth in section D in this opinion.
20. The Hoard hods ;md holds that PCtltlOncr shall not he itcoh cd in anv manors mealy ine
his past clients us indicated on the updated diem list he provided to the Board.
3n. The Board finds and holds that Ietitoner mils review fall III applications and am other
makers under his Iesponsi hi l i lv as Planning. Director as long as he was not (Iitccily
evolved or had under active consideration in pnvute practice.
} I. The Board finds and holds that one Near alier Petitioner's appointntcin ns Planning
Director. Petitioner is allmrod to work on am nccs applications by it limner dicta
provided that he tvns not involved with or had under active consideration in private
prtdicc,
32. At the April 12, 2021 meeling. Board Vlemher :AIll v Set moved that the Board find that
the Petitioner does not have a conflict of interest as long as he ibllo" s the protocols set
forth in section IJ and the Board's ruling in section P in this opinion are to IIoI%ed_ Board
Mem her Lmvrencc Heinti seconded the motion. Bom'd Chair Darid Wiseman all([ Board
ill enthcrs Amv Setand Lawrence Heintz voter) in favor of the motion. Board A1ember
Denise Nakanishi teas recueed. The nxtlion passed 1-0.
�3. AI the Iwte 9. 31131 mcctina, Board Chair David AA"isentan moved to add Petitioner's
request for guI kill CC regarding matters inrolviill his sister. Katrina Kent.
34. The Board linds and holds that Petitioner shall recusc hinuell limn am matters incOIL ine
Ill, sister Katrina Kern.
;. Petiuonar mac requesl that the Boald revisit the isue regtudine his sister, Kanina Kern.
should the need arise in the future.
COM LI SION pF LAVb
Bused upon dicev Bence presented and the Board's review Olthe Hatt uPi Cuunty
Chancy, the Hatvai'i Cuunty C`odc, and the Buard's Rules ut Practice and Procedure, the Board
hods and CUnCladcs thus Petitioner does not haver a conflict of interest as lone as he fidlotas
protocols in section D and the Board's ndiitg in section Ias stated in this opinion.
The Board funkier finds and concludes that Petitioner Shull recuse hI1nSClf from IDty
mallets involving his sister. Katrina Gem. and Peitioncr may request that the Boan1 revisit this
matter should the need arise in the tUWIC.
ORDER
I'n1-CUant to Board Rulc 3.9. this hitormaI Ad, ismsOpinion shall he 1lIed and a cup%
shall he sent In the Petitioner.
Dined: Hilo. ilzmai'i. ��� �0 ._'1R1.
BOARD OF E I HICS. CODA'll" OF HA\A AI I
DAVID %%ISEMAN
Chair
.VPPROVFD .-AS TO FORM
\\D I.[GAI.I I
I }TOSIIMOTO
Deput% (otp maiun Counsel
WINDWARD PLANNING COMMISSION
COUNTY OF HAWAPI
HEARING TRANSCRIPT
SEPTEMBER I,2023
A regularly advertised hearing on the application of ALOHA KIA (PI, SMA-2023-000032
AND PL-REZ-2023-000047) was heard at 9:43 a.m. in the County of Hawaii Council
Chambers in Hilo, 25 Aupuni Street, Hilo, Hawaii with Chair Dennis Lin presiding.
COMMISSIONERS PRESENT: Dennis Lin, Louis Daniele III, John Cross, Wayne De Luz. and
Chantel Perrin (from 9:43 a.m.).
ABSENT AND EXCUSED: Lauren Balog.
ALSO PRESENT: Suzanna Tiapula, Esq. (Counsel to the Commission), Jean Campbell, Esq.
(Counsel to the Planning Department), Jeffrey Darrow (Deputy Planning Director), Jessica
Andrews (Planner), Clinton Mercado (Planner), Alex Roy (Planner), Tracie-Lee Camero
(Zoom Host), Christian Kay (Acting Planning Program Manager), and Melissa Dacayanan-
Salvador (Commission Secretary).
And two public members in the audience.
APPLICANT: ALOHA KIA (PL-SMA-2023-000032)
Application for a Special Management Area Use Permit to allow for the development of a new
car dealership and service station on 1.795 acres of land situated within the Special Management
Area. The subject property is located at 92 Kalaniana`ole Street approximately 760-feet
northwest of its intersection with Kanoelehua Avenue, Waiakea, South Hilo, Hawaii, TMK (3)
2-1-006:002.
APPLICANT: ALOHA KIA (PL-REZ-2023-000047)
Application for a Change of Zone from a Resort-Hotel-750 square feet (V- 75) zoning district to
a Limited-Industrial-20,000 (ML-20) square feet zoning district for 1.795 acres of land. The
subject property is located at 92 Kalaniana`ole Street approximately 760-feet northwest of its
intersection with Kanoelehua Avenue, Waia-kea, South Hilo, Hawaii, TMK: (3) 2-1-006:002.
Secretarv's Note: lindecipherahlel indicates that there were technical and/or interne[ difficulties,
which made the conversation mandthle.
LIN: It's now 9:43 a.m. and I will note that for the record Commissioner
Perrin is now here. We'll move on to agenda Item No. 3 which is applicant Aloha Kia. I do want to
state for the record that for agenda items No. 3 and 4, Commissioner De Luz has a conflict and if
Commissioner, if you could make a statement and we can you recuse your from these items.
DE LUZ: Sorry Chair, you want me to make a statement
EXHIBIT C
LIN: Yeah, just stating the conflict and then you can recuse yourself from
this.
DE LUZ: Oh yeah, yes. My conflict is buy Hyundai and Subaru. Sorry, I had to
throw that in. He's not here. No, it was just determined in talking to Corp Counsel that it would be
better to recuse myself. With your permission.
LIN: Okay, with that you can recuse yourself for the rest of the meeting and
step yourself down —
TIAPULA: I want to clarify that —
LIN: Go ahead.
TIAPULA: — the reasons for that recusal are an existing financial relationship or
an existing business relationship between you and the applicant.
DE LUZ: So, the conflict is we mutually do business.
TIAPULA: Okay. Thank you.
LIN: Thank you Commissioner. With that stated, I was waiting for
Commissioner De Luz to recuse himself. [indecipherable) so, we can start taking up these 2 agenda
items. Okay, so will start with agenda Item 93. Applicant Aloha Kia, application number PL-SMA-
2023-000032. Application for a Special Management Area Use Permit to allow for the development
of a new car dealership and service station on 1.795 acres of land situated within the Special
Management Area. The subject property is located at 92 Kalaniana`ole Street approximately 760-
feet northwest of its intersection with Kanoelehua Avenue, Waiakea, South Hilo, Hawaii, TMK: (3)
2-1-006 parcel number 2. Are we doing both at the same time? Yeah. Okay, okay and we're also
doing agenda Item 44. Applicant is also Aloha Kin, application PL-REZ-2023-000047 an
application for a Change of Zone from a Resort-Hotel-750 square feet (V-_75) zoning district to a
Limited-Industrial-20,000 (ML-20) square feet zoning district for 1.795 acres of land. The subject
property is located at 92 Ka Ian iana`ole Street approximately 760-feet northwest of its intersection
with Kanoelehua Avenue, Waiakea, South Hilo, Hawaii, TMK: (3) 2-1-006 parcel number 2. Okay,
staff presentation, Alex.
ROY: Okay. Good morning, Commissioners, thank you. As the Chair said
this for a, this is for two applications. One Special Management Area Use Permit application or
SMA Major and the Change of Zone or rezone application. Here's a map of the project site. You
can see it's located right here in Hilo, south of Banyan Drive and Ice Ponds next door to the Suisan
Warehouse site and across the street from the newly named SCP Hotel.
The applicant is requesting a Change for Zone from Resort -Hotel to Limited -Industrial to allow for
the development of a new car dealership, the Aloha Kia. They're going to convert an existing
commercial building to accommodate the showroom, sales office, and parts department. A 120
square foot addition will be included to support additional offices and a lounge- They're going to
EXHIBIT C
construct anew 6,770 square foot building to house eight (8) service bays and a detailing area, and
then the remaining property will be developed to a 135 parking stalls for customers, employees, and
of course the inventory for Aloha Kia. Additional work includes landscaping, paving, and
ingress/egress improvements to both Kalaniana`le and Kamehameha. County sewer and water is
provided inadequate for the project.
Here's a County zoning map of the area. As we see right now the property is zoned Resort -Hotel
with Limited -Industrial and General -Industrial on the south side of Kalanianable. You have Open
zoning that includes the Banyan Drive area and the Ice Ponds across the street and then some
Neighborhood -Commercial and Industrial -Commercial located nearby. State Land Use is primarily
Urban with the Ice Ponds area being within the Conservation district. LUPAG shows the entire area
including the subject parcel, south of Kalaniana`le as Industrial. The Resort area is across the street
includes the hotel and some of the restaurants, Open zoning of Banyan and then some Medium
Density Urban nearby.
Here's one aerial photograph of the project site. You can see the existing building and the majority
of the parcel is just kind of cleared with some gravel parking, things like that. Two entrances are
also visible and then you see the Ice Ponds across the street, on the top of the picture the hotel, SCP
Hotel of course on the left-hand side- Here's another close up showing the building, the entrance to
Kalaniana`le Street and then you can see the entrance to Kamehameha Avenue. You can see that
the property is pretty much cleared, graded, and very little vegetation if any and a couple palm trees.
Here's a site plan, a proposed site plan for the project. So, they did the color coding which is kind of
nice. It shows the yellow is the proposed new building. That would be down here. This is that
service bay and detailing area and you've the existing structure. They're going to utilize the entire
structure and then the pink showing the proposed addition to that and of course you can see the
layout of the parking and then some landscaping. And then here's kind of a cross section showing
the heights and the facade of the building, just for reference.
Here's some site photos of the visible site and walked all around. So this is from Kamehameha
looking towards makai. You can seethe back of the existing building. On your left would be the
new service bay area and then pretty much the majority of this picture would be parking for their
vehicles. Here's kind of a close-up of the structure and then the entrances off to your right picture.
Here's the entrance too, this is looking west along Kalanianable Street. This is one of the entrances
here. They just repaved and redid as well know Kalanianable. So, that street is new. There's
existing sewer grades that all been redesigned. There's two actually on just off this property right on
the road. So, two to collect drainage so there really wouldn't be any kind of drainage going across
the street into Ice Ponds. It'll all be captured by the sewer grades_
This is a view of the property entrance; this is looking west along Kamehameha. You can see the
entrance to the property on the right and then on the left-hand side and the majority of that is all the
airport property. And then herejust for reference a view of the entrance on Kalanianable looking
cast. You can see the Ice Ponds the proximity of the Ice Ponds on the left-hand side of the
photograph.
EXHIBIT C
At this time, the Deputy Director's recommendation for PL-SMA-2023-000032 is approval with
stated conditions and then for PL-REZ-2023-000047 a favorable recommendation be forwarded to
the County Council. I can take questions.
LIN: Thank you Alex. Any questions Commissioners for staff?
DANIELE: I have one question. Is that building occupied at the present time
that's on the property?
ROY: It is. There are a couple of small businesses, restaurant, a couple small
other businesses that have been notified that they'll have to make other arrangements. But in
speaking with the applicant and their agent they have some time. So, this is the first step. So, they'll
have a little bit of time but they're well aware they need to move.
DANIELE: Thank you.
LIN: Okay.
PERRIN: Good morning, I have a question.
LIN: Go ahead Commissioner Perrin.
PERRIN: I just wanted to make sure that that development is not going to have
any adverse effects on the environment. Hence, we have that icy ponds across the street that our
children all love to utilize and then number two because it's Aloha Kia moving into that area. Is
there any way they could adopt that highway and maybe assist in the maintaining of that area.
Something to consider.
ROY: Aw', that you might have to ask the applicant as far as the adoption of
a highway is concerned but, as I'm a Senior SMA Planner for this County. I definitely environments
first and foremost in my mind and that was my first concem. Was any impacts to Ice Ponds. The
new construction of that road installed a lot of storm water catchment drainage and that's why I was
happy to see that there were two storm water catchment drainage area grates right up at the edge of
the property on Kalaniana`ole Highway. So, anything coming. I mean they don't have to get a
grading permit; they have to get a discharged and a storm water management. But, if anything does
it would be captured right there and would not cross the street. So, that was one of my concerns
because on the day I was there, there was a ton of kids diving off the bridge so, we know that's a
very popular spot. But yeah, I did take a look at that.
PERRIN: Thank you.
LIN: Thank you. Any other questions Commissioners? Okay, if not let's
move on to the applicant. So, if the applicants and their applicant's representative, please come
forward. [Iwo males,from the audience went up to the lesltfier'.c lahle]. If you could please raise
your right hand, I'll swear both of you at the same time. Do you swear or affirm to tell the truth on
this matter now before the Windward Planning Commission?
EXHiBiT C
MALES AT TESTIFILR TABLE. I do. I do
LIN: Okay, please speak directly into the microphone and state your name
and the area you reside in and whom you represent. And also, have you received the background
and recommendation reports from the Planning Department, and do you agree with the
recommendations including the proposed conditions?
PIPAN: John Pipan, Land Planning Hawaii assisting the applicant, Aloha Kia.
Represented today by Russ Wong to my right. I live outside of Honoka`a and Mr. Wong lives on
Oahu. He's flown in this morning We have reviewed and received the Deputy Director's
recommendation and proposed conditions. We appreciate all the hard work that's gone into those
proposed conditions. We don't have any issues with accepting those conditions as they've been
stated. Thank you, Commissioners, for being here. Thanks Commissioner Perrin for making the
extra effort to come in this morning.
So, this is a straightforward request to my eye. I think staff, Alex Roy, presented well a summary of
the request It fits into the area; it complies with the General Plan Industrial designation and all of
the administrative ministerial permits that we will have to comply with. Beyond this point we'll
ensure that there's no impacts on the environment again. The grubbing, grading permits, those storm
water pollution protection plans that we'll develop and implement, we'll control the runoff, connect
to the sewer system the properties already serve by all required utilities. We've been mindful of
scenic impacts due to the development. We'll be beautifying the site with landscaping and shading
the parking spaces with trees and so on. We think this is an important step for Aloha Kia and this
area it'll allow them to improve their facilities and enhance their employment options opportunities.
Aloha Kia and Ill have Russ speak to this more if he'd like too is a leader in EV adoption. And so,
we'll be complying of course with the new EV parking requirements so that will be addressed at the
Plan Approval stage which will come after the rezone.
So, with that, we're um', thank you very much for being here today. We appreciate the work that
you do on these projects. It's not taken for granted and with that we're ready to answer any
questions you might have. Appreciate your time.
LIN: Thank you Mr. Pipan. Any questions or actually if the applicant you
want to provide any further comments or a statement to the Commissioners before we ask questions.
WONG: We're proud to be here in Hilo. I've been here for 20 years, right on
Kanoelehua. Looking forward to the opportunity of improving the service level and the facility that
we could offer our customers and I do think the automotive industry is a leader in making sure the
environment is properly handled and as it's transitioning more and more towards EV's. There's a lot
less fluids, it's, I think, right opportunity at the right time for us and appreciate all the work you guys
have done.
LIN: Thank you. Commissioners, maybe Ms. Perrin if you want to re -ask
your question to the applicant.
EXHIBIT C
PERRIN: Thank you. Thank you so much. Welcome to Hilo. I'm myself is
from Oahu originally, I've been here for 4 years, and I love it. Reason why I love it is just the
natural, the forest and it's not over developed like Oahu, and you can still live, and I want to try to
maintain as much of that as we possibly can for future generations to come. So, I asked the two, I'm
sorry the gentleman that was up there before you. What can you folks do as far as that highway.
Are you folks able to adopt the highway and help maintain that area. A lot of times we have these
big -name companies that come in and they kind of just develop, leave it, and they don't do anything
in the community to help preserve what we have. We're on an island. It's all we've got Is there
anything Aloha Kia can do to help our community out?
WONG: Um' the company is very committed to community involvement and
making sure we participate in the community. I have a lot of family that lives up here in Hilo. My
sister, I have aunts and uncles, and a lot of big families in the Hilo area that I'm related to.
Definitely, we do get involved with, when you say, "Adopt a Highway". You know there's
programs that I'm aware of where they adopt a two-mile stretch and regularly go and pick up trash
and stuff. Don't know exactly what opportunities would be available. But for us to be successful in
selling cars, we have to be a part of the community, or the community is not going to want to buy
cars from us. So, that is something that's very important. Our General Manager looks at ways that
you know, he's on site, lives here and tells us "Hey, this is what we need to do". So, yes, to answer
the question is definitely like you said, a business that comes to town andjust builds something and
just takes money out of the community generally is not going to last for long.
LIN: You're good?
PERRIN: Yes, okay. So, you'll do your part to kind of look into it and make
sure just like your name Aloha Kia that Aloha is move forward into the community.
WONG: Absolutely.
PERRIN: Awesome. That's what I want to hear. Okay.
LIN: Thank you, thank you Commissioner Perrin. Commissioner Daniele
did you want to repeat your question to the applicant regarding the current tenants in the commercial
structure.
DANIELE: Yeah, as I had stated before I was inquiring if the building on the said
property is occupied and that was my question.
PIPAN: Yes. Thank you for the question, Commissioner Daniele. It is
occupied. The currents are aware of the proposal to move Aloha Kia there. It looks like assuming,
presuming we get through our Planning Commission meeting with a favorable recommendation and
approval for the SMA permits today. We're looking at another couple few months of meetings with
the County Council to finalize the Change of Zone. Then Plan Approval, then we can begin building
permits, so there's still a lot of time perhaps a year, a year and a half before work would begin to
impact those tenants. They'll be given plenty of time to make other arrangements to move to
another site.
EXHIBIT C
DANIELE: Thank you
LIN: Any other Commissioners have any questions? No. Okay, I guess my
question is similar on the lines of Vice Chair Daniele. So, currently Aloha Kia is the landowner of
this property? No.
PIPAN: Bay Lighting. So we have also reviewed the recommendations with
the current landowner as an agreement. So, this is as often happens in real estate transactions kind of
a contingent sale on the Change of Zone being granted.
LIN Okay. Okay. Because my question was kind of in the minds of, what
is the landlord going to help out with those tenants, right. Cause I mean, you guys are coming in but
ultimately, it's the landlord who decided to come into a disagreement with Aloha Kia. Just worried
about how much time they have to get their matters, their affairs in order and any financial assistance
that landlord is providing them in terms of "hey, we're terminating your lease early or whatnot".
WONG: I can speak to that.
PIPAN: Please,
WONG: So, the longest lease left expires in October of 2025. We will honor
every remaining lease. We've also told the landlord because we recognize when people are looking
for something else, if they choose to find something and move sooner. You know, we would honor
whatever commitments that they have remaining to the landlord. So, nobody will be impacted
adversely by a lease. If and we haven't discussed this with any of the tenants but, I am thinking that
the length of time it takes to get permits and stuff. If it takes longer, we would more than be willing
to allow them to continue to operate, probably on a month to month. If they aren't, if they don't
have things by October 2025 and we're not ready to go by then. But hopefully things will move
along, and we'll be ready to go. But we will honor any remaining lease that's there.
LIN: Okay, thank you. Sorry any other questions or comments. All right,
do we have take the vote on separate items. Okay. So, we'll start with Item No. 3, is there a motion
for action and this is the application for a Special Management Area Use Permit.
CROSS: I can make the move to approve- I move that the application for the
Special Management Area Use Permit, Docket No. PL-SMA-2023-000032, be approve based on the
Planning's Director's recommendation, which shall be adopted.
LIN: Thank you, it's been moved by Commissioner Cross, is there a second
to that motion?
PERRIN: I second.
LIN: Seconded by Commissioner Perrin. Any discussion? Okay, seeing
none. Alex, if you could do the roll call vote for agenda item No. 3.
EXHIBIT C
ROY:
Commissioner Cross?
CROSS:
Aye,
ROY:
Commissioner Perrin?
PERRIN:
Aye.
ROY:
Vice Chair Daniele?
DANIELE:
Aye.
ROY,
And Chair Lin?
LIN:
Aye.
ROY:
This is for the SMA, which passes four to zero.
LIN_
Okay, thank you. We'll now move on to the agenda Item No. 4, which
is the Change of Zone from
Resort -Hotel to Limited -Industrial. Do I have a motion for action on
this agenda item now.
PERRIN:
I move that a favorable recommendation be forwarded by the County
Council on the application
for Change of Zone, Docket No. PL-REZ-2023-000047 based on the
Planning Director's recommendations,
which shall be adopted.
LIN:
Okay, it's been moved by Commissioner Perrin. Is there a second to
that motion?
DANIELE:
Aye.
LIN:
Okay, it's been seconded by Vice Chair Daniele. Is there any
discussion? Okay, seeing no discussion. Alex, roll call vote on item No 4.
ROY:
Commissioner Perrin?
PERRIN.
Aye.
ROY:
Vice Chair Daniele?
DANIELE:
Aye.
ROY:
Commissioner Cross?
CROSS:
Aye.
8
EXHIBIT C
ROY: And Chair Lin?
LIN Aye
ROY: This is for the rezone; motion carries four to zero.
LIN: Okay, you'll be notified of the Commission's decision in writing. I
just want to say thank you Aloha Kia for supporting our community for so long. I think we're all
appreciative that you guys bring local jobs here and it's notjust solely reliant on tourism and
diversifying our economy is so important. So, I just appreciate that.
PIPAN: Thank you all very much.
LIN: Thank you.
The item ended at 10:08 a.m.
Respectfully submitted,
Melissa Dacayanan-Salvador, Secretary
Windward Planning Commission
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