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HomeMy WebLinkAboutCOM 0450.001 2018-2020 Ha Kim �tvfoF Hq rry OV _5q Michael Yee Mayor 6• �yili!, Director Wil Okabe Duane Kanuha Managing Director Deputy Director �qr OF West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy . . 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawa1 1 Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 August 26, 2019 Aaron S.Y. Chung, Council Chair and Members of the County Council C") _+ County ofHawai`i ^ 25 Aupuni Street Hilo, HI 96720 w . . Dear Chair Chung and Council Members: , SUBEJCT: Planning Director Initiated Amendment to Chapter 25, (Zoning Code),Articles 2 and 5 of the Hawaii County Code 1983 (2016 Edition, as amended),Relating to Amusement and Recreation Facility In regards to the Windward and Leeward Planning Commission letters dated August 1, 2019 and August 21, 2019 concerning the above-reference matter, attached please find a copy of the draft transcript for the August 1, 2019 and August 15, 2019 hearing for your inforrnation. Should there be any questions,please contact Jeff Darrow at 961-8158. Sincerely, MICHAEL YEE Planning Director LPDlniti atedamusement&recreati onfacilitytranscript Enclosures Comm. No. 'a Ref.To: Ref. Mote AUG 2 8 2019 www.hiplanningdept.com Ffawai'i County is an Equal Opportunity Provider and Employer planningga,hawaiicounty gov WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT AUGUST 1, 2019 A regularly advertised hearing on the Planning Director Initiated Amendment to Chapter 25 (Zoning Code), Articles 2 and 5 of the Hawaii County Code 1983 (2016 Edition, as amended), relating to amusement and recreation facility was called to order at 10:22 a.m. in the County of Hawaii Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii with Chairman Joseph Clarkson presiding. COMMISSIONERS PRESENT: Dean Au, Joseph Clarkson,-Donn Dela Cruz, John Replogle. ABSENT &EXCUSED: Gilbert Aguinaldo, Thomas Raffipiy. ALSO PRESENT: Michael Yee(Planning Director), Malia Hall(Deputy,Corporation Counsel for the Windward Planning Commission), Jeff Darrow(Planning Program Manager), Christian Kay(Planner), Alex Roy(Planner), Jessica Andrews (Plarmpr),z and Sarah Hata--Finley (Commission Secretary). And 2 members from the public in attendance. INITIATOR: PLANNING'DIRECTOR An ordinance amending Chapter 25„(Zoning Code),Articles 2 and 5 of the Hawaii County Code 1983 (2016 Edition, as amended), relating to amusement and recreation facility, indoor within the Neighborhood Commercial (CN), Limited Industrial (ML) and General Industrial (MG) zoning districts and relating to major outdoor amusement and recreation facilities in the Single- Family Residential (RS), Double-Family Residential (RD), Multiple-Family Residential (RM) and Neighborhood Commercial (CN),zoning districts. CLARKSON: We're going to proceed with Item No. 4 on the agenda, and will someone from staff explain what Item 4 is all about? DARROW: Good morning, Mr. Chairman and Members of the Planning Commission. The next agenda item is a Planning Director Initiated amendment to the Zoning Code; more specifically, Articles 2 and 5 relating to Use Permits and zoning district regulations for amusement and recreational facilities, indoor and major outdoor. The Planning Director is initiating the following three amendments to the Zoning Code relating to amusement and recreational facilities, indoor and major outdoor: (1) To remove the option for obtaining a Use Permit for major outdoor amusement and recreational facilities in the Single- Family Residential,Double-Family Residential, and Multiple-Family Residential zoning districts; (2) Just a housecleaning amendment to add the requirement of a Use Permit for a major outdoor amusement, recreational—and recreational facilities in the Neighborhood Commercial zoning district so it will be consistent with the Use Permit section which already lists it as an 1 option. 'Lastly, we are going to add indoor amusement and recreational facility as a permitted use in the Neighborhood Commercial, Limited Industrial, and General Industrial zoning districts. So, we'll begin with amendment number 1. This is relating to Use Pen-nits, and again, this is to take out the Single-Family, Double-Family, and Multiple-Family option to get a Use Permit for a major outdoor amusement and recreational facility. It's defined in the Zoning Code as a permanent facility providing outdoor amusement and entertainment including theme and other types of amusement parks, stadiums, skateboard parks, go-cart and automobile race tracks, miniature golf, and drive-in theaters. The next section 25-2-61 just identifies this simple change that-I-lie Director is doing to this section to be able to make this change. The purpose of the amendment will, is to remove the option for allowing the major outdoor amusement and recreational facilities in the RS, RD, and RM zonings with the approval of a Use Permit. The reason for the,change is that from the time the Zoning Code was amended, which the last amendment was over 20,years ago in December of 1996, until the present day, it doesn't appear that there has been any approval for a Use Permit to allow major outdoor amusement and recreational'facilities within these residential I zoning districts. Upon further review of these options the Planning Director is recommending that these options be removed as they are not compatible,With the residential zoning districts. Additionally, the Planning Director feels that there are other-more-compatible zoning districts that would continue to allow a major outdoor amusement and recreational facility with a Use Permit, including RCX, which is Residential– Commercial, Commercial–Neighborhood, General Commercial, Village Commercial, Commercial Industrial Mix, Limited-Industrial, General Industrial, and Open Districts. Amendment number 2—let me go back. 'Chairman, did you have a question? CLARKSON: Idid. Fin just curious about the-�–let's just say, for example, two skate parks. One was constructed in the Waimea Park Complex, and one was just recently constructed in the Honoka'a Park Complex. DARROW: Correct. CLARKSON: What, do you know what those were zoned? DARROW: I believe both of the—well, the Waimea one, I believe, is in the Open zoning district, and it was part of a park. So, those kind of situations, that would be an accessory use to the park. The one in Honoka'a, I believe, is connected to the school. Again, it's kind of part of, isn't there a school right there next door to it? CLARKSON: Well, no, the school is a quarter of a mile away. 2 DARROW: Okay. CLARKSON: And, there is a County park and gym complex between— DARROW: —Between, yeah— CLARKSON: —the skate park and the pool, and the school. DARROW: I would have to look at that,but I don't believe that they came in for a Use Permit as a major outdoor amusement recreational facility for that skate park. They look at certain—if they're connected to a park or a school, they look at it as an accessory use to the overall permitted use or the use that may have required a Use Permit;overall. So, a school in a residential zoning district would be, would require a Use Permit,and they would include all the amenities including the, whatever is going along with it. As far as a park, a park is permitted in the Open zoning, and part of the park could include ballfields, skate parks, these kind of things. I think when they are speaking about these types of skate parks, they are more commercial in nature,and they'd be more a private, like for charge type of operation. CLARKSON: And,just one more question then, that we recently approved a rezone up in Waiakea Houselot or Waiakea--now, I can't remember exactly,which district it was—and there was a park nearby, and there was concern about access to that park. Now, was that a park in a residential zone— DARROW: —Correct— CLARKSON: —or was that zoned DARROW: —But, it was, it was zoned Open. CLARKSON: -It was zoned open. DARROW: Yeah, and again, that,that's kind of a smaller type of park that its limited on what you can really do there. Something like Waimea has such a large area that it allows for different types of accessory uses as part of it. CLARKSON: But, there's no ballfields, like there is a new park in Kukuihaele built, and I thought that was zoned Residential where that was built. DARROW: I'd have to look at that. It could be, and I just have to look at that. I didn't—maybe after that, we can look and see if parks are actually permitted in the Residential zoning,but again, it would be the park as being the overall primary use. CLARKSON: But, a park isn't a major recreational facility? 3 DARROW: No, it's a separate permitted use. CLARKSON: Well, then, can you just go through for me then, clarify in my mind what the difference between a recreational facility, a major recreational facility is. DARROW: I would compare it to a commercial theme park. Obviously something like Disneyland or a smaller-type theme park. Miniature golf, automobile race tracks, stadiums, these types of larger facilities. CLARKSON: Well, then, why are skateboard parks— DARROW: —Part of that? Again— CLARKSON: —Part of that, especially if they are not commercial_skateboard parks. DARROW: I—again, I think these skateboard parks being under this type of permitted zoning would be a commercial skateboard park. There are uses that would be permitted under other zoning areas as accessory uses, and they would be for the community. It's like a community benefit type thing. Let's move on to the second one. Okay, so No.2, this is the one we mentioned that is a simple housecleaning. Currently, under the Use Permit section, there iso it's identified that major outdoor amusement recreational facilities can be approved with a Use Permit under the Use Permit section. Yet, it wasn't identified under the commercial neighborhood section. So, all this is doing is bringing that uniformity,so we're adding in that addition No. 1 where we placed this under the permitted uses in the Neighborhood Commercial zoning to allow a major outdoor amusement and recreational facility with a Use Permit. And, again, clearly a housekeeping measure. Our last amendment is relating to indoor amusement and recreational facilities and,more specifically, in the Neighborhood Commercial, Limited Industrial, and General Industrial zoning districts. For definition purposes an indoor amusement and recreational facility is defined as an establishment providing indoor amusement or recreational—typical uses include martial arts studios,billiard and pool halls, electronic and coin operated game rooms,bowling alleys, skating rinks,health and fitness establishments, indoor tennis, handball and racquetball courts, auditoriums, theatres, and indoor archery and shooting ranges. So, these are currently permitted in all the other commercial and industrial zoning districts. They are also permitted in other zoning districts that I'll identify shortly. Reason for the amendment is major outdoor amusement or recreational facilities such as race tracks or drive-in theaters can be considered for a Use Permit in these zoning districts. Yet, indoor amusement and recreational facilities which would have smaller apparent impacts given the use's location within a building are prohibited in these same zoning districts. The proposed amendments would simply allow these uses in these additional districts that are considered appropriate in other permitted commercial and industrial zoning districts. 4 They are currently permitted in the Resort, in the General Commercial, in the Village Commercial, in the Commercial Industrial [Industrial-Commercial] and in the Commercial Downtown Hilo zoning district. They are considered permitted uses. They don't require a Use Permit. The primary reason for this proposed amendment is to allow indoor amusement and recreational facilities in the remaining commercial and industrial uses where they are not currently permitted. In the last 10+years, the Planning Department has seen an increase of requests for health and wellness facilities such as CrossFit, weight training gyms, cardio gyms as well as martial arts studios in commercial and industrial zoning districts. The Planning Director is proposing to expand the options for indoor amusement and recreational facilities by increasing the number of zoning districts in which they can be permitted. With the limited number of zoning districts currently available for these types of facilities, they have started operating in residential and/or agricultural areas where they are not permitted. This actually kind of came to a head I would say maybe 5+years ago where we had a violation in an I agricultural zoning district of one of these larger health and wellness facilities, and they tried to apply for a Special Permit, and it wasn't looking like it was going to be approved. The neighbors were in opposition,and things like that. And, so, they looked elsewhere in the area around-there, and the zoning districts that we're trying to change were the ones available, and they couldn't go in there. And, so even at time, we decided, you know, it makes sense to allow these in these types of areas. On top of that, currently in Kona and in Hilo-, and I'm sure in o,ther zoning areas around the Island, there are a number of these operating in these zoning districts currently. What happens is in the Neighborhood Commercial, Limited Industrial, General Industrial, as well as the other zoning districts, they build a large warehouse type of facilities with a number of bays, and then they rent out the bays. Well, these,are perfect-locations for all types of uses,but they've really also attracted health and wellness facilities, bodybuilding gyms, as well as martial arts studios. So, you will notice a number of them in these areas. So, again, we haven't had any complaints other than the one that I mentioned in the Agricultural zoning district. I'm also aware of one in a Residential zoning district,but they've moved to a permitted zoning district. So, again, a simple change to the-Code to be able to provide more options. The Planning Director is recommending that the Planning Commission send a favorable recommendation-to the Hawaii County Council for these three amendments. Any more questions? CLARKSON: Any questions from the Commission? DARROW: Thank you. CLARKSON: My only comment is to make sure that outdoor recreational facilities that are not commercial are distinguished between the ones that are commercial. DARROW: Thank you. CLARKSON: Ballfields, State parks. 5 DARROW: We'll definitely look at that—sorry. [Grabbing microphone.] I will definitely look at that prior to our next hearing with the Leeward Planning Commission. CLARKSON: Okay, at this time, there is—would the Applicant or the Director like to make any comments? YEE: No comments. CLARKSON: At this time, we'll take public testimony on this it on the agenda. We have Mr. Dwight Vicente who has asked to testify. Please introduce y_ourself, and I'm assuming that you will not be sworn in. VICENTE: That's correct. CLARKSON: So, you may proceed unsworn. VICENTE: Good morning, my name is Dwight Vicente representing the Hawaiian Kingdom. The State of Hawaii is limited to 1,750,000 acres. The County Charter says the hole island is the County but yet I hear people saying, oh the Count y'Council and others claiming that there's private individuals that own these lands that were formerly leased out that they ended in 1915. So, this, there's a discrepancy in the Chatter where it states that the whole island is the County when it's not true. By usage,they treat different Hawaiian Home Lands from the so-called agricultural lands which were the leased lands that was'not ceded in- 'I 898 by the banana Republic of Hawaii. So, the amendments you're making and allof your abilities whether it be the County, the State, State Land Use, the State Historic Preservation, which by the way is holding `Iolani Palace hostage as a museum. `lolani Palace was not ceded in 1898. It still belongs to the Hawaiian Kingdom. The jurisdiction of this County and this Commission right here like with the other agencies that the State has is limited to the Hawaiian Domes only. Where this meeting is held right now is on Kingdom land. In other words, this Commission is being held in the Hawaiian Kingdom, so the decisions that you make is questionable. You'd be better off going to Prince Kuhio Plaza to make your, have'your hearings and make-your decision there. I'd be the appropriate place, because these lands are still under the jurisdiction of the Hawaiian Kingdom. So, the political question over these lands and the other lands you speak of whether it be Crown or Government lands that was leased out under Ding Kalakaua for 25 years, it's still Hawaiian Kingdom. And, that's based on law. You got a Corporation Counsel sitting there that can answer the riddles, and the riddles are many. I hope you guys takes advantage of her. She's available, and I'm pretty sure she's knowledgeable. With this, I'll end with the reservation of the rights of this Kingdom under the Queen's Protest of January 17, 1893, against U.S. Minister Stevens. It has yet to make its way to the U.S. Supreme Court, Article III, Section 2, Clause 2, original but limited jurisdiction. The other one is the 1898 Joint Resolution where the banana Republic of Hawaii without authority ceded 1,750,000 acres to the U.S., and was illegally incorporated under Article IV, Section 3, Clause 2, no amendment, 6 Marbury vs. Madison. The other one is the 1875 Reciprocity Treaty. King Kalakaua and the U.S. President did not sign, and going all the way back to 1820, President Monroe without constitutional authority appointed John C. Jones as an agent for the U.S. and sent over the missionary families, the U.S. Navy. And, they were under the colonial schemes. No amendment to the U.S. Constitution,Marbury vs. Madison. Thank you. CLARKSON: Thank you, Mr. Vicente. Is there any question for this testifier? Are there any other people wishing to testify on this item on the agenda today? If not, I'll ask for a motion that public testimony be closed. DELA CRUZ: Move that public testimony be closed. REPLOGLE: Second. CLARKSON: All those in favor? COMMISSIONERS: Aye. CLARKSON: Opposed? Public testimony is closed. At this time, I'd like a "motion for action on this item. REPLOGLE: I move that a favorable re-commendation be forwarded to the County Council on the ordinance amending Hawaii County Code Chapter 215 based on the Planning Director's recommendation which shall be adopted. DELA CRUZ: Second. : CLARKSON: It's been moved and seconded that this, the recommendation be adopted, that the Director's recommendation- be adopted. Any further discussion? Questions? If not,please poll the Commission for a vote. DARROW: Thank you, Mr. Chairman. With that, we'll take the roll call. Commissioner Replogle? REPLOGLE: Aye. DARROW: Commissioner Dela Cruz? DELA CRUZ: Aye. DARROW: Commissioner An? AU: Aye. DARROW: And, Mr. Chairman. 7 CLARKSON: Aye. DARROW: The motion passes four to zero. Thank you. The discussion ended at 10:43 a.m. Respectfully submitted, Sarah Y.:-Hdta-Finley, Secretary Wmd:Wdid'Planning Commission 8 LEEWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT AUGUST 15, 2019 A regularly advertised hearing on the PLANNING DIRECTOR INITIATED AMENDMENT TO CHAPTER 25 OF THE HAWAII COUNTY CODE,RELATING TO AMUSEMENT AND RECREATION FACILITY was called to order at 11:31 a.m. in the West Hawaii Civic Center, Community Center, Building G, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii,with Chairman Keith F. Unger presiding. COMMISSIONERS PRESENT: Keith F. Unger,Nancy Carr Smith,Perry Kealoha, Michael Vitousek and Faith"Faye"Yates ABSENT AND EXCUSED: Scott Church ALSO PRESENT: Malia Hall,Esq. (Counsel for the Commission), Michael Yee (Planning Director),Jeff Darrow(Planning Program Manager), Maija Jackson(Planner) and Noriko Sauer (Commission Secretary) And approximately eleven people from the public in attendance. INITIATOR: PLANNING DIRECTOR An ordinance amending Chapter 25 (Zoning Code),Articles 2 and 5 of the Hawaii County Code 1983 (2016 Edition, as amended),relating to amusement and recreation facility, indoor within the Neighborhood Commercial(CN), Limited Industrial(ML) and General Industrial(MG)zoning districts and relating to major outdoor amusement and recreation facilities in the Single-Family Residential(RS),Double-Family Residential(RD), Multiple-Family Residential(RM) and Neighborhood Commercial(CN)zoning districts. UNGER: Agenda Item No. 3, Initiator Planning Director, an ordinance amending Chapter 25, Zoning Code,Articles 2 and 5 of the Hawaii County Code 1983, 2016 Edition, as amended, relating to amusement and recreation facility, indoor within the Neighborhood Commercial, Limited Industrial and General Industrial zoning districts and relating to major outdoor amusement and recreational facilities in the Single-Family Residential, Double-Family Residential, Multi-Family Residential and Neighborhood Commercial zoning districts. We'll start with a presentation by the Planning Department. DARROW: Thank you, Mr. Chairman. Good morning, Members of the Planning Commission. This next agenda item, as mentioned, is a change to the Zoning Code initiated by the Planning Director. This application has gone before the Windward Planning Commission on August 1st and they voted to forward a favorable recommendation to the County Council on this. This basically has been a change that's been in consideration, I would say, for approximately ten years or so; there's been times that this issue has come up. So more recently we thought this is something we need to take care of. As we were going through this,we also looked at the bigger picture and 1 DRAFT made some adjustments overall to amusement and recreational facilities. So,with that, if I could direct your attention to the presentation. This is an amendment to Chapter 25,Articles 2 and 5, relating to Use Permits and zoning district regulations for amusement and recreation facilities, indoor and major outdoor. The Planning Director is initiating the following three amendments to the Zoning Code relating to amusement and recreational facilities, indoor and major outdoor: Number one is to remove the option for a obtaining a Use Permit for major outdoor amusement and recreational facilities in the Single-Family Residential,Double-Family Residential and Multiple-Family Residential zoning districts; this is basically a house cleaning amendment—I'm sorry,what happened here[the PowerPoint display causing trouble], oh,I'm sorry, so that's number one—number two is a house cleaning amendment to add the requirement of a Use Permit for major outdoor amusement and recreational facilities in the Neighborhood Commercial zoning district to be consistent with the Use Permit section—it's currently already in there, we are just making it consistent in the actual CN zoning district; lastly, to add indoor amusement and recreational facility as a permitted use in the Neighborhood Commercial, Limited Industrial and General Industrial zoning districts. So, and then on Amendment No. I relating to Use Permits, if I could, if I can just briefly read the definition of what an amusement and recreational facility,major outdoor is defined in the Zoning Code: It's"a permanent facility providing outdoor amusement and entertainment, including theme and other types of amusement parks, stadiums, skateboard parks, go-cart and automobile race tracks, miniature golf and drive-in theaters." At our Windward Planning Commission hearing,the topic came up about skateboard parks; these are separate from skateboard parks that are initiated as part of county parks and schools, so these are more commercial-type skateboard parks. The purpose of the amendment is to,this will remove the option of allowing a major outdoor amusement and recreational facilities in the residential zoning districts,more specifically, Single-Family, Double-Family and Multiple-Family,with the approval of a Use Permit. The reason for that is because since the Zoning Code was amended in '96 allowing this option, there hasn't been a Use Permit that was permitted or requested for this type of use in these zoning districts. And when we took a look further at these options,we felt, you know, it's, it really isn't an appropriate area to actually even give an option for these, so the Planning Director is recommending that we take that option out. There are many other districts that this option is either permitted or it's allowed through a Use Pen-nit. Those districts are identified on the bottom line there,the RCX,CN, CG, CV,MCX,ML, MG and Open districts. The Amendment No. 2, again, this is just a housecleaning amendment. Under Section 25-5-102, which is Permitted Uses, in the CN zoning,we are adding the line that allows for major outdoor amusement and recreational facilities through the approval of a Use Permit. That currently is not in the code, but it is identified under the Use Permit section as being an option available in the CN zoning. So all we are doing is a housecleaning amendment to make it consistent with the Use Permit section. This is more the meat of the amendment and this is relating to amusement and recreational facility, indoor in the CN,ML and MG zoning districts. The Planning Director is initiating this to allow these in these three zoning districts. Again, for clarity, let's define this. An amusement and recreational facility, indoor is defined in the Zoning Code as "an establishment providing indoor 2 DRAFT amusement or recreation. Typical uses include: martial arts studios; billiard and pool halls; electronic and coin-operated game rooms;bowling alleys; skating rinks; health and fitness establishments; indoor tennis,handball and racquetball courts; auditoriums; theaters; and indoor archery and shooting ranges." So the main issue that we keep coming across in the Planning Department is the amount of health and wellness facilities and martial arts establishments in these zoning districts. And the reason why they keep popping up there is because the owners or lessees of the properties build warehouses that have bays and they open them up for lease or rent, and these establishments find that as the perfect location to be able to operate. We haven't had any complaints in these zoning districts for these establishments that I can recall. We did have one approximately five to seven years ago in an agricultural zoning district, which ended up having its issues, and again, they had to relocate but they couldn't find a location because these zoning districts weren't available in the area that they were at. So,moving on, the, currently these major outdoor amusement and recreational facilities, such as race tracks or drive-in theaters, can be considered with a Use Permit in these zoning districts, CN, ML and MG, yet the indoor amusement and recreational facilities,which would have a smaller apparent impact given its use's location within a building, are prohibited in these same districts. The proposed amendments would simply allow these uses in these additional districts that are considered appropriate in the other permitted commercial,which are appropriate. All of the other commercial and industrial zone districts,this is a permitted use, indoor amusement and recreational facilities. So these include Resort, CG, CV,MCX and CDH. So, again, those are currently allows as permitted uses. We kind of touched upon this. Again, the other issue that happens is because of the lack of options for these healthand wellness, martial arts,because they are the main ones that we deal with, we end up finding out that they are popping up in residential and agricultural zoning districts without permits. There is no option in residential zoning districts. They could apply for a Special Permit, and the ones that we have seen come before the Planning Commission previously have had difficult times getting approval just because it's in an agricultural district. Overall, the Planning Director is recommending that the Planning Commission send a favorable recommendation to the County Council for these three proposed amendments. Oh,one last thing, there was a support letter that was submitted,but unfortunately, it seems like it got mixed up in some of the Kulani View[comment letters regarding another agenda item],but it was from a person that represents a fitness organization and they had submitted this letter in support. LINGER: Great, thank you. Commissioners, any questions to the Planning Department in regard to these amendments? [None.] At this time I'd like to open it up for public testimony. I don't see anybody signed up,but if anybody would like to testify, this is your opportunity. Seeing none, I need a motion from the Commission to close public hearing. VITOUSEK: So moved. CARR SMITH: Second. 3 DRAFT LINGER: Motion by Commissioner Vitousek, second by Carr Smith. All in favor? COMMISSIONERS: Aye. LINGER: Opposed? [None.] Motion moves unanimously. Public hearing is closed. Commissioners,I need a motion for Agenda Item No. 3. KEALOHA: Can we do one motion for all amendments? CARR SMITH: I'll move that a favorable recommendation be forwarded to the County Council on the ordinance amending Hawaii County Code Chapter 25,based on the Planning Director's recommendation,which shall be adopted. KEALOHA: I'll second. UNGER: We have a motion by Commissioner Carr Smith, second by Commissioner Kealoha. The floor is open for discussion. CARR SMITH: Just applaud you guys for cleaning these things up as you can, along with everything else that you are doing. So,thank you. DARROW: Thank you. UNGER: Roll call. DARROW: Thank you,Mr.Chairman. With that, we'll take the roll call. Commissioner Carr Smith? CARR SMITH: Aye. DARROW: Commissioner Kealoha? KEALOHA: Aye. DARROW: Commissioner Vitousek? VITOUSEK: Aye. DARROW: Commissioner Yates? YATES: Aye. DARROW: And Chair Unger? LINGER: Aye. 4 DRAFT DARROW: The motion passes, five to zero. UNGER: Thank you. The hearing ended at 11:45 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 5 DRAFT