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Home My WebLink AboutCOM 0990.001 2018-2020Harry Kim Mayor Roy Takemoto Managing Director West Hawaii Office 74-5044 Ane Keohokalole Hwy Kailua-Kona, Hawaii 96740 Phone (808) 323-4770 Fax (808) 327-3563 County of Hawai` i PLANNING DEPARTMENT Michael Yee Director April Surprenant Acting Deputy Director East Hawaii Office 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Phone (808) 961-8288 Fax (808) 961-8742 June 29, 2020 Aaron S.Y. Chung, Council Chair •- and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chair Chung and Council Members: SUBJECT: Change of Zone Application (REZ 20-000240) Request: RS -10 to CG -20 Applicant: Ted Tran/Tran-Tonnu Family Trust Tax Mau Key: 2-2-021:008 Regarding the Windward Planning Commission letter dated June 15, 2020 concerning the above - reference matter, attached please find a copy of the draft transcript for the June 4, 2020 hearing for your information. Should there be any questions, please contact Jeff Darrow at 961-8158. Sincerely, MICHAEL Y Planning Director LTranF EZ20-240wpctranscript Enclosures Comm. No. 9101,1. Ref. To: --------------- Ref.. tete J 1N 2 9 02D www.hiplanningdde tp com Hawaii County is an Equal Opportunity Provider and Employer planninggliawaiicounty_gov WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT JUNE 4, 2020 A regularly advertised hearing on the application of TED IRAN/IRAN-TONNU FAMILY TRUST (REZ 20-000240) was called to order at 11:27 a.m. via live stream meeting with Chairman Thomas Raffipiy presiding. VIRTUAL ATTENDANCE (COMMISSIONERS): Gilbert--_ aldo, Dean Au, Joseph Clarkson, Thomas Raffipiy, John Replogle. VIRTUAL ATTENDANCE (STAFF): Malia Hall (D piny Cdi& tion Counsel for the Windward Planning Commission), Michael Yee. -(i ing Director}ahn Mukai (Deputy Corporation Counsel for the Planning Director_ Jiff Darrow (Plannirgftgram Manager), Maija Jackson (Planner), Alex Roy (Planner),17essica Andrews (Plannerysristian Kay (Planner); Rachelle Ley (Department Secretary), arid;Sarah Hata-Finley (Commission Secretary). And 21 members from the public li APPLICANT: TED TRAN/TRAN-TONTI Application for a Change of Zone from an to a General Commercial 2_-OwQ square fee square feet of land.'Isib'ecf - ao _erty is 1 q _ J pp northeast of its interse bn with K no'ole S1 Hawaii, TMK: (3) 2-2=0=1=008. = _ th made the-conversationth- audi, the _!LILY TRUST (REZ 20-000240) 1e -F i@bkResid&f. 10,000 square feet (RS -10) CG -2:0 zann _district for approximately ==�-== g �. pP Y 20,812 at_ed-71- Lari% uli Street, approximately 150 feet KiMiakea Houselots, 2nd Series, South Hilo, and/or internet difficulties which RAFFIPIY =Item No. 3 on the=agenda==Applicant Ted Tran/Tran-Tonnu Family Trust, Rezone Application 2M000240. Application for- Change of Zone from a Single -Family Residential - 105000 square feed_=QRS-10) to a-eneral Commercial- 20,000 square feet (CG -20) zoning district for approximately 2Q8=12 square=Meet of land. The subject property is located at 78 Lanihuli Street, approximately' et=northeast of its intersection with Kino`ole Street, Waiakea Houselots, 2nd Series, SouTlo, Hawaii, TMK: (3) 2-2-021:008, and Christian will be doing the presentation. _- KAY: Yes, thank you, Mr. Chair. Can everybody hear me, and can everybody see the screen with the presentation? CLAY: Yes. KAY: Okay, thank you. 1 KAY: So, as you stated, Mr. Chair, this is an application for a Change of Zone. The subject property is situated in the South Hilo District of Hawaii Island; more specifically, in the Waiakea Houselots area. The subject property outlined here in black is located on Lanihuli Street between Kilauea Avenue and Kin" o'ole Street. The Applicant is requesting a Change of Zone from a Single -Family Residential — 10,000 square feet to a General Commercial — 20,000 square feet zoning district for approximately 20,812 square feet of land. The Applicant is proposing to develop a new single -story, 9,500 -square foot warehouse building including three 720 -square foot restaurant/food stalls under a single roof. The Applicant is also proposing a 17 -stall parking lot includingQne handicapped stall to accommodate customer and employee parking and a 10 by 40 I�0=foot by 40 -foot loading,zone. The zoning for the subject property, and some of the Residential —10,000 square feet as indicated in the, outlined here in black, and Kino'ole Street is general with Lanihuli Street generally running east-westi?thrc similar, General Commercial — 20,000 square7foatzc Double -Family Residential zoning as well. _ The State Land Use designation for tf' subject General Plan Land Use [Pattern] Alld.&ff ��u surrounding area as High Density Urban -which= Here's an aerial photograplwof the; subject P generally north-southjthr ou h thy_ slide and ;an g Y . g the slide. 'As you carts -eq, there's 9`a ne Resider subject property. In this�ease, outlined in red, is office, and there=are other commere�al and resid you can area, is currently Single -Family -1Ilavv color: =again, the subject property is ort south through the slide y running n _ aah the slide. Otf ning as indicated i in the area is color, and some properf=and=fhe surrounding area is Urban. The ide Map des - ates'the subject property and would supporfts type of Commercial zoning. y,R ag r Jfh KiW ole Street running u Street -generally running east -west through H%nd some Commercial uses to the right of the e_Hilo Veterans Center and also a doctor's Coal„uses in the area. The subject property as it and is just in a vegetated state right now. Here is tI%e=:Applicant's side plan. Ii tl s, case, Lanihuli Street is running at the bottom of the slide, and o'ole Street running on the�left-hand side, and as you can see, here's the proposed site plan with= h_e-larger wareM e structure in the back and then the three food vending stalls in the front with parking along the= `ont as well and a loading zone on the left-hand side. Here's a view of the property soaking north from Lanihuli Street. Again, the Hilo Veterans Center is located here to! As you can see again, it's a narrow long lot and currently vacant of any structures or improvements. Here are some views of Lanihuli Street looking west on the upper left-hand side with the subject property on the right-hand side, and on the lower left, here is Lanihuli Street looking east with the subject property here on the left. The Planning Director is recommending that the Commission forward a favorable recommendation to the County Council for the proposed Change of Zone. With that, I'm happy to answer any questions the Commission may have. 2 RAFFIPIY: Thank you, Christian. Any questions from the Commission? CLARKSON: Yes, I have a question. RAFFIPIY: Go ahead. CLARKSON: Can we go back to the photograph of the street, please? The street frontage in front of the Applicant's property. Christian? Does anybody hear me? RAFFIPIY: Yes, we can hear you. ROY: Here we're good. KAY: Sorry about that guys. I'm back. CLARKSON: Can we take another look at the=photo of the street KAY: Yes, just give me one moment.._;please. All ritY_car =c Clarkson? CLARKSON: Yes, I can, and I'm trying to -so =tihs is another the virtually none of the street frontage or a -lot of'the street froi state, and very little oft =l aM- , 6_requiremen for, where KAY: The curb, gutter=s CLARKS amendine for KAY: Sure::, If I may, Comm Center property, if you can se, pardon me, the curb, -gutter, si Works. So, and-il%suis on the sidewalk and road wrc ening, where that has been ifigMed ; CLARKSON: Thank you property? tions see that, Commissioner e it looks like to me where ,is still in an unimproved affect one of my recommendations for ionelarkson, the property directly adjacent, the Hilo Vet .hey were required to do the street widening and the commercial, walk, meeting with the requirements of the Department of Public per left-hand side. If you can see my arrow, this curb, gutter, [t en kind of the same thing here on the lower left, you can see Was a requirement of their Change of Zone for your information. about the property on the Kino`ole side of the subject KAY: I believe that is still in RS -10, if you can see here, RS -10 zoning. So, that's still a Single - Family Residential zoning. I don't have—let me see if I can get back to the aerial. The other, the other properties on Kino`ole that are commercial appear to have improved the frontage, but in terms on the Lanihuh side, the property adjacent with the Hilo Vet Center and the doctor's office installed those improvements. 3 CLARKSON: Just correct me if I'm wrong, but there is no other improvements on, in that block. The remaining properties other than the vet center and this property are all RS -10? KAY: Yeah, that's correct. So, RS -10 or RD -3.75, so yeah, except for the one on Lanihuli directly adjacent, the rest are still in Residential zoning. CLARKSON: Thank you. KAY: Yeah— RAFFIPIY: Okay, thank you. Any other further questions fr- e Commission to the staff? All right, can I have the Applicants or the representative=akar; they're here? Jelena Clay and Thai Tran? _= CLAY: Yes.-- RAFFIPIY: All right, I will need to swear yo%%r Can you please raise _r right hands? Do you swear or affirm to tell the truth on this mattdf� beforea=he Windward==P__lanning Commission?CLAY: Yes. Yes. - -- = - - TRAN: Yes. RAFFIPIY: All where you reside CLAY: Jelena=C CLAY: Jusyouur name andihere you TRAN: Oh, Thar s°tated address CLAY: Oops—I cant— == RAFFIPIY: You can proceed with your presentation, please. CLAY: Oh no, I mean, was a presentation— RAFFIPIY: —Okay— CLAY: Is that RAFFIPIY: All right, do we have any questions— M ime? Please state your name, CLAY: —If anyone has any questions, though— RAFFIPIY: —for the Applicant? HALL: Sorry, one second, Chair. You just ask the Applicant whether they agree with the Planning Director's recommendation. RAFFIPIY: Oh, I see, I see. Okay. Did you receive the Planning Director's Background Report and are you in agreement with the proposed conditions of apprqvv I to the County Council? CLAY: Yes. RAFFIPIY: Okay, thank you. Now, Commissioner doyou hry y questions for the Applicant? No questions? All right. Did every et to readpublic testimonies? Dean, _ did you read? AU: Yes. RAFFIPIY: Joe, did you get to reaV--, lie testimonies CLARKSON: Yes. RAFFIPIY: John, di(t_ monie public REPLOGLE: Yes. 'oni RAFFIPM..�0-i-lbeft did testimonies? 'es? AGUIN5 0: Yes. RAFFIPIY_All right. Yes,7135- Alr at this time, Commissioners, I need a motion for action. AU: Mr. Chair, I'l-F a mot RAFFIPIY: Go ahead, W -W AU: I move that we send a favorable recommendation to the County Council on the application for zone change Docket No. Resolution [sic] 20-000240 based on the Planning Director's recommendation which shall be adopted. RAFFIPIY: Did I get any second? AGUINALDO: Second. Commissioner Aguinaldo, second. RAFFIPIY: All right, thank you. It's been moved by Commissioner Au and seconded by Commissioner Aguinaldo that this application be forwarded the County Council on, based on the Planning Director's, Planning Director's recommendation. Any discussion? Okay, Joe, go ahead. CLARKSON: Yes—this is, I'm having a hard time remembering where we're at on this time limit condition. This to me looks like a perfectly natural case where this property could, should be, and easily could be in commercial zoning. Can't we delete the time limit so that it just— [noise disturbance] they can do it whenever they want to and not do it or sell the property or whatever and a—and if Christian could mute there, thank you..What is the recommendation of the Director? _= CLAY: That would be great to lift the time limit, esp everything is right now, maybe we can extend it. CLARKSON: Director Yee, what is your re YEE: I want Jeff to chime in. REPLOGLE: Go ahead, Jeff. RAFFIPIY: Jeff, go ahead. DARROW: Thank y Council with one of, -.t timing requirement, were, they really, it fi applications --_The-p ai with. This ri-e =I�thi the condition that, the way just removing issues wi year time limit? limits, please. recently went to County fission did take out the -etty tough battle up there. So, I mean, they wants to see a timing factor on the as some factors that they, they were okay =°°that this is a brand-new rezoning. There hasn't_byeen anything done mmthere's provem&fff The, I understand your direction, Commissioner Clarkson,�t1f ur 1 king—I mean and this is what we discussed about going through all ffibse hearings on -diming aiff__ e extensions and everything that the, if the area is appropriate for tie zoning, wh=y is timing such an issue, you know? Why do we care about when they build � f =you know, were concerned about the land use, and again we agree with that, but I think overall,_` have to come to a consensus between the Department, the Commission, and the Council. I mean ==the=_ mission has every right to forward a recommendation to the Council, and we can go iq@ and speak with them again about it, but they, I kind of feel that on this particular one, they may feel differently on the last one. They understand the whole picture that we were trying to get at, that the Commission was trying to present as far as timing shouldn't be a matter in these issues, but they wanted to see some pressure on the actual development of the property for those commercial uses and for the improvements that are required in connection with those improvements. Again, if—if the matter of the five years is an issue, that can be adjusted, but I think our, the Department "—" the Commission consider the timing condition to go forward up to Council. on AU: Mr. Chair? RAFFIPIY: Thank you. Go ahead, Mr. Au. AU: Since I was the one that made the motion-, I'd like to comment on Commissioner Clarkson's comment. Since the Applicant has not requested it until after Commissioner Clarkson mentioned it, it was never part of a discussion, so I think I'm just going to leave the motion as it is and forward with that. Because if it was an issue, and I understand Commissioner Clarkson due to you know what is going on with the world right now, you know, you're watching out for the betterment of the community and the Applicants, but it wasn't requested initially by the Applicants. So, I'm just going to leave my moian as it stands. CLARKSON: No, I appreciate that Commissioner from Planning staff as to what the status of this tim hopefully going to be phased out, but if the Cound my, my suggestion was to train the Council o" but I'll, I'll leave it at that. Thank you. ---v__ RAFFIPIY: Thank you. Any furtherdlscusslon? CLAY: Would the time limit be able=�Mtended if #@ =ljkwanted to get clarification ondition=was. I understood that it was lamant ab , =including it, I don't know, the Council tl-athis is really extraneous, KAY: I can address that, jMr.�Chair. Rig hf now, the condition requires construction of the -v_ proposed development al substantially represented bM1b4ftplicdffiTor as otherwise permitted by the zoning district withinfive yekfx -; and that' -=svCoMifibn 8%We have our standard condition and that's ConditionT or an admi trative extension for up toTan additional five years, so ultimately, the Applicant mould have up to ten years to construct something on the property -_- -_ without having to_�E_come back fo the.C_orririm sYsion and County Council to amend, and the a licato lself=sadthat they:=verge look MI., the end of 2021 which, you know, pp ame g obvious_h =the a licat%o _ c_ = fore all tY chars es in the world here, but even so, there's a �.Y ten -yea r° window before theuvoulde to come back to this body or the County Council, up to a ten-year window. CLAY: He's TRAN: No, I'm go RAFFIPIY: I'm sorry, did;-lVls. Clay, were you trying to make a statement? CLAY: Oh, I'm sorry, Mr. Tran said that that's sufficient. RAFFIPIY: All right. Thank you very much. Any further discussions? All right, if there is no discussion, staff would you please do the roll call vote. KAY: Yes, thank you, Mr. Chair. Commissioner Au? 7 AU: Aye. KAY: Commissioner Aguinaldo? AGUINALDO: Aye. [Inadvertently on mute.] KAY: Commissioner Clarkson? CLARKSON: Aye. KAY: Commissioner Replogle? REPLOGLE: Aye. KAY: And Chair Raffipiy. RAFFIPIY: Aye. KAY: Thank you, Mr. Chair, RAFFIPIY: Thank you very much. be notified of the Commission's dei The discussion ended The Commission will—you'll ,very much for participating. Sarah Y. Hata-Finley, Secretary Windward Planning Commission E'�