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Home My WebLink AboutREP PC 088 08/17/2010 2008-2010 REPORT OF THE COMMITTEE ON PLANNING DATE: August 17, 2010 Re: Comm. No. 903/Bill No. 283 PLACE: Council Room Hawaii County Building 25 Aupuni Street Hilo, Hawaii TIME: 2:30 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No 283, reports as follows. Bill No 283, transmitted via Communication No. 903 from Mayor William P. Kenoi, dated July 28, 2010, presents a Five -Year Time Extension Request by HNMP, LLC, Paul Ogasawara, Manager. Bill No 283 seeks to amend Ordinance No 03 -111, which amended Ordinance No 00 -128, which amended Ordinance 91 -116, which reclassified lands from Agricultural — 1 acre (A -la) to Neighborhood Commercial — 20,000 square feet (CN -20) at Keonepoko, Puna, Hawaii, covered by Tax Map Key No. 1 -5- 007.020 by requesting a five -year time extension to complete construction of the proposed Woodland Center commercial development located at the junction of the Pahoa Bypass Road and the Kea`au -Pahoa Road. Thirty members of the public were present at the meeting to provide their testimony on Bill 283 Thirteen spoke in favor of the request for time extension, nine were opposed, and eight provided comments only A majority of the testimony focused on traffic problems in the area Many stated that the traffic configuration leading into and out of the Malama Market shopping center was the actual cause of the traffic congestion, but feared that the added traffic from the Woodland Center complex would make a bad situation worse In general, those providing testimony agreed that the applicant was doing a great service to the public by paying for the cost of the Kahakai Blvd. access point, but feared that a time extension would postpone the construction of the entrance The applicant presented a time line for expected construction, estimating that construction of the entrance would be completed by November 15, 2010, depending on the weather Council Member Dominic Yagong stated that additional sacrifice by the developer and the tenants of Woodland Center was worth it, if it meant public safety. Council Member Dominic Yagong moved to amend Bill 283 with the contents of Communication 903 3, denying the applicant a Certificate of Occupancy for the project, until the Kahakai Blvd. Highway 130 improvements were completed. Council Member Brenda Ford seconded Council Member Dominic Yagong's motion. PC Report 88/Page 1 PC Report 88 Comm 903Bil1283 August 17, 2010 Mr. Daryn Arai from the Planning Department informed your Committee that the gas station and convenience stores have already received their Certificates of Occupancy. Mr. Arai stated that Council Member Yagong's amendment would be targeting only Longs, Burger King and Kentucky Fried Chicken which are waiting for their Certificates of Occupancy, but as written, Council Member Yagong's amendment was confusing. Council Member Yagong moved to amend the contents of Communication No. 903.3 by deleting the words "any portion" and specifically naming "Longs Drugs, Burger King and Kentucky Fried Chicken ". Council Member Brenda Ford seconded Council Member Yagong's motion to amend. Deputy Corporation Counsel Amy Self suggested that your Committee move into Executive Session Council Member Yagong moved for your Committee to go into Executive Session. Council Member Yagong's motion was seconded by Council Member Brenda Ford. Council Members Ford, Greenwell, Hoffmann, Onishi, Yagong, Yoshimoto and Planning Committee Chair Ikeda voted in favor of moving into Executive Session. Council Members Enriques and Naeole- Beason voted against the motion. When your Committee resumed its public meeting, Council Member Ford reiterated her support of Council Member Yagong. Committee Chair Donald Ikeda requested the indulgence of your Committee to allow him to ask the applicant a question. Committee Chair Ikeda's request was approved by your Committee. Committee Chair Ikeda asked the applicant, Mr. Paul Ogasawara if he would complete the road in a timely manner. Mr. Ogasawara responded with an emphatic "yes ". Council Member Dominic Yagong interjected that he would like to hold a public hearing in PAhoa before the next Planning Committee meeting. Before further discussion could ensue, Mr. Ogasawara asked Council Member Dominic Yagong if Council Member Yagong didn't have a conflict of interest in the matter. Council Member Yagong denied any conflict of interest, stating that he has no affiliation with Kalama Corporation at all. Council Member Yagong further stated that he has not worked at a Malama Market for over one year. Your Committee members then voted on Council Member Yagong's motion to amend Communication 903.3 by deleting the words "any portion" and specifically naming Longs Drugs, Burger King and Kentucky Fried Chicken. Council Members Enriques, Greenwell, Naeole- Beason, Onishi, Yoshimoto and Committee Chair Ikeda voted against the proposed amendment. Council Members Ford, Hoffmann and Yagong voted in favor of the motion. Motion failed. Your Committee then voted on the amendment contained in Communication 903.3 Council Members Enriques, Greenwell, Naeole- Beason, Onishi, Yoshimoto and Committee Chair Ikeda voted against the proposed amendment. Council Members Ford, Hoffmann and Yagong voted in favor of the motion. Motion failed. Council Member Dominic Yagong then moved for a public hearing to be in Pahoa prior to the next scheduled meeting of your Committee. Council Member Yagong then asked the applicant if he would still continue the construction work, even if there was a public hearing Mr. Ogasawara's attorney, Jerel Yamamoto responded for the applicant saying that it would be hard to say at that moment. PC Report 88/Page 2 PC Report 88 Comm. 903/Bill 283 August 17, 2010 Council Member Guy Enriques stated that council members were elected to make decisions, not to hide behind a vocal minority. He further stated that your Committee members needed to "have the guts to decide ". His sentiments were echoed by Council Member Kelly Greenwell. Council Member Dennis "Fresh" Onishi stated that your Committee and the public need to trust the applicant, as he was willing to put his (the applicant's) money into the project. Council Member Greenwell then called for the question. Disregarding Council Member Greenwell's call for the question, Council Member Brenda Ford stated that she wanted to be considered as a business person for a moment, and that the applicant put nothing in writing. Council Member Ford stated that a verbal contract was not acceptable. Council Member Dominic Yagong stated that he was calling for a public hearing so that the applicant can hear from potential customers. Council Member Yagong then chastised your Committee, stating that they needed to exercise retail common sense, and stated his business principles. Your Committee then voted on Council Member Yagong's motion to hold a public hearing in Pahoa prior to the next scheduled meeting of your Committee. Council Members Enriques, Greenwell, Hoffmann, Naeole- Beason, Onishi, Yoshimoto and Committee Chair Ikeda voted against the motion. Council Members Ford and Yagong voted in favor of the public hearing. Motion failed. Council Member Pete Hoffmann then called for the question regarding Bill 283. There was no further discussion. Your Committee concurs with the Windward Planning Commission and the Planning Director's favorable recommendation for approval of the Time Extension request. Your Committee on Planning is in accord with the purpose and intent of Bill No. 283 and recommends it pass first reading. (It should be noted that Council Member Brenda Ford's first vote on Bill 283 was "kanalua" which she changed to a "no" vote the second time around.) awm AYES NOES A &E EX Respectfully submitted, ENRIQUES X FORD X COMMITTEE ON PLANNING GREENWELL X HOFFMANN X IKEDA X ;�•CGC —Q NAEOLE - BEASON X DONALD IKEDA, CHAIR ONISHI X YAGONG PC REPORT NO. 88 YOSHIMOTO X X ADOPTED: SEP f) 9 20 to PC Report 88 /Page 3