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HomeMy WebLinkAbout2020-01-08 Exh B Hearing Transcript - RTA Kilauea Lodge REZ 19-239WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT JANUARY 8, 2020 A regularly advertised hearing on the application of RTA KILAUEA LODGE LLC (REZ 19- 000239) 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: Gilbert Aguinaldo, Dean Au, Joseph Clarkson, Donn Dela Cruz, John Replogle. ABSENT & EXCUSED: Thomas Raffipiy. ALSO PRESENT: Michael Yee (Planning Director), Malia Hall (Deputy Corporation Counsel for the Windward Planning Commission), Maija Jackson (Planner), Christian Kay (Planner), Jessica Andrews (Planner), and Sarah Hata-Finley (Commission Secretary). And 11 members from the public in attendance. APPLICANT: RTA KILAUEA LODGE LLC (REZ 19-000239) Application for a Change of Zone from a Single -Family Residential- 20,000 square feet (RS -20) to a Village Commercial- 10,000 square feet (CV -10) zoning district for approximately 1. 176 acres of land. The subject property is located on the north side of Old Volcano Road, approximately 500 feet west of its intersection with Wright Road, Olaa Summer Lots, Block "B", Puna, Hawaii, TMK: (3) 1-9-004:004. CLARKSON: The next item on the agenda is an application from Kilauea Lodge, LLC for a Change of Zone. Christian Kay will be making a presentation, and please proceed anytime you're ready, Christian. KAY: Will do. Thank you, Mr. Chair. Good morning, Members of the Windward Planning Commission. Happy New Year, it's great to see you all here today. If I can turn your attention to the screen. As the Chair stated, this is an application for a Change of Zone, RTA Kilauea Lodge, LLC. The subject property outlined here in red is situated in the Puna District of Hawaii Island in the Volcano Village area. For reference, we've got the highway running diagonally through the slide here and parallel to that, Old Volcano Road. The existing Kilauea Lodge facility is here to the west of the property, the subject property, and these properties are all between Wright Road and Haunani Road. The Applicant is requesting a Change of Zone from Single -Family Residential — 20,000 square feet to a Village Commercial — 10,000 square feet zoning district for approximately 1. 176 acres of land. The Applicant is proposing an expansion of the existing Kilauea Lodge on the adjacent EXHIBIT B parcel to the west including the construction of a new 1,920 -square foot retail building along the property's Old Volcano Road frontage to primarily serve lodge guests. The construction of three cottages along the northwest corner of the property to be used as lodge units without any kitchen or food preparation areas accessory to the existing Kilauea Lodge, and a 26 -stall parking lot including two handicapped stalls and a bus parking area to accommodate customer and employee parking and landscaping. The Applicant has indicated that the construction will be completed within about two years, and estimates the cost of the project at about $350,000. Zoning for the subject property is currently Single -Family Residential – 20,000 square feet as indicated in the yellow color. Again, properties to the west are similarly zoned Village Commercial –10,000 square feet as indicated in the lighter pink color. And, then farther down Old Volcano Road, this is the Ace Hardware property here, and that's zoned Village -Commercial – 20,000 square feet. The zonings in the area are, again, Single -Family Residential zoning, some Agricultural – 1 acre and some Agricultural – 20 acres across Old Volcano Road. The State Land Use designation for the subject property and much of the surrounding area is Urban as indicated in pink. Some Agricultural State Land Use land as well as indicated in green. The General Plan designation for the subject property and much of the rest of the kind of commercial area is Medium Density Urban that would support a Change of Zone to Village Commercial designation. The area above that is Low Density Urban as indicated in the mustard color and more in line with the Agricultural State Land Use. The other designations are Extensive Agriculture as indicated in the white color. Here is a picture of the Puna Community Development Plan map for the Volcano Community Village Center. The subject parcelsorry, it's a little difficult to see—is here starred, and next to the existing commercial zoning. The dashed line here is the preliminary Volcano community Village center boundary as designated by the community development plan. I should also note that the Volcano Community Association has drafted a Volcano Village Long -Range Plan and has indicated via a letter that this rezoning would be consistent with their commercial vision for that area. Here is an aerial photo of the subject parcel and some of the surrounding area. Again, we've got Old Volcano Road running through the slide here, the subject parcel outlined in red. Again, here is the existing Kilauea Lodge Restaurant facility as well as some of the other lodge units toward the back. And, the subject parcel is mostly vegetated but partially cleared and there is a small area back here that has been used for the last little bit of overflow parking for the lodge employees. Here is the Applicant's proposed site plan. I would just note that we did sent out a couple of days back a revised site plan and that's what's shown here. I apologize for the omission when we initially sent that out, but this is the updated site plan the Applicant is proposing. We've got Old Volcano Road running generally north -south through the slide. EXHIBIT B 2 This area here is from, the boundary here is a 12 -foot wide perpetual road easement that benefits both this property as well as the property above here, and that's the initial site plan showed some encroachment on that, and when we found that there was an easement there, we asked the Applicant to adjust their site plan. At any rate, the access is going to be coming off of Old Volcano Road here, as proposed to have the parking area, the retail building here toward the front of the property, and then the parking area here and gravel driveway to connect to the three proposed cottages in back of the property. Here are some existing site photos. Here is a view of the current driveway looking straight on. This is essentially on that corner of the property where the 12 -foot roadway easement is. There is currently about a 3 -foot high rock wall blocking that area. There's a condition that we put in the proposed conditions to indicate that that shouldn't be blocked or it shall not be blocked, and here on the right hand side, there's the location of the proposed retail store kind of coming in this front area here. Difficult to see, but here's some cars parked in toward the back of the property. This is the existing employee parking area and a view of the Old Volcano Road frontage looking toward Hilo with the existing Volcano, or pardon me Kilauea Lodge, generally in this area. And, here are some views of Old Volcano Road looking east toward Hilo. The subject property on the left-hand side, and a view of Old Volcano Road looking west toward the park, the Volcanoes National Park, the subject property on the right-hand side. The Director is recommending to forward a favorable recommendation to the County Council for this Change of Zone. There were a few other pieces of information that came in, actually, just one. Testimony from Janice Palma Glennie that came, that should have been handed to you this morning. She had concerns over the lack of a master plan for Volcano Village. I'm not sure if she's aware of the CDP and the Volcano Long -Range Plan that's already in place that has supported or has indicated that this is the right place for this type of commercial zoning. So, with that, I'm happy to answer any questions the Commission may have. CLARKSON: Questions from the Commission? As usual, I have a question. KAY: Okay. CLARKSON: It has to do with the access road for the parcel behind. If we could go back— okay, so the view of the current driveway, is that the, is that driveway now being used by the parcel behind for access? KAY: So, that parcel is currently vacant, so nobody is living back there yet, so it hasn't been used at this point, but the easement is there. CLARKSON: Okay. KAY: And that's why we put the condition there saying that shall not be blocked. So, in the future, should somebody want to build on that parcel there, they wouldn't be impeded. EXHIBIT B 3 CLARKSON: So, there, there wouldn't be any—if nobody is using that except the people that own that parcel, Kilauea Lodge people, there wouldn't be any prescriptive problems or anything. The road could be moved over although it looks like a shame to move the road over into all those plants, but. KAY: So, again, if you look at the proposed site plan, they are shifting theso, the current access is generally in this area. They are going to be shifting the proposed access a little bit farther toward the existing Kilauea Lodge, so there's a truck turnaround and loading here and then keeping outside of that 12 -foot setback. So, aside from maybe removing the rock wall that's fronting the existing 12 -foot roadway easement, there shouldn't be any impedance here, as is currently proposed. CLARKSON: Yeah, okay, I just think it's a shame that you got a road— KAY: —Yeah. CLARKSON: You're gonna have two roads right next to each other, and KAY: I understand— CLARKSON: —you can't just have one road be used by KAY: —Yeah, so CLARKSON: two parties KAY: So, so as it has to do with where the easement is currently placed should they work with the other landowner to change the location of that easement, they could do so. But, as it is right now, that's, that's what we saw when that easement was there, currently blocked, but we can't allow it to be blocked. CLARKSON: Well, so here's my question. KAY: Yeah? CLARKSON: Then, if they did make an agreement with the parcel behind to use the new presumably paved or improved road, what about your condition that they remove the rock wall? Would that prohibit KAY: I don't know that the CLARKSON: them from moving over to the new, a new easement? KAY: I think the condition reads— EXHIBIT B 4 CLARKSON: I remember it is you have to remove the rock wall in front of the easement. KAY: So, what it reads is, "The applicant, successors or assigns shall not block or impede the twelve [12] -foot wide perpetual easement from [for] a road right-of-way that is situated along the entirety of the easement property line as designated in the deeds of the subject parcel and" the adjacent tmk "north of the subject parcel." So, yeah, I mean I suspect that if, if he so chose, we could amend that language to allow for the possibility of a realignment of that access, but as it is right now, that's where the access easement is. CLARKSON: Okay, well, I'll probably make that suggestion KAY: Okay CLARKSON: at some point. Any further questions for the staff? AU: Mr. Chair, question? Christian, you mentioned that that parcel has, there's an overflow of employee parking from the parcel next door. KAY: That's correct. AU: Okay, yeah I just wanted to clarify that `cause you said it's not being used, but it is being used for employee parking for KAY: —The, yeah, so the property itself, not necessarily that 12 -foot, that 12 -foot roadway easement area, but I believe the existing driveway is where employees enter, and there's a small parking area toward the back that they park in. AU: Okay, so does the landowner own the two parcels? Do they own the parcel next door? Is it the same landowner that— KAY: —Yeah, so RCA [sic] Kilauea Lodge owns the Kilauea Lodge property and the subject property. AU: Okay. KAY: The property above that the easement accesses is owned by a different owner. CLARKSON: If there are no further questions, thank you, Christian. Will the Applicant or their representative please come forward? KERN: Good morning, Mr. Chair, Members of the Windward Planning Commission. CLARKSON: Please raise your right hands. Do you swear or affirm to tell the truth on this matter before the Commission today? KERN/BAUMANN/WARNER: Yes. EXHIBIT B 5 CLARKSON: Have you read the Planning Director's Background Report and conditions, and do you have any disagreements with any of it? KERN: First off, good morning all, and Happy New Year. We are not dealing with the cell phone tower, so it should be a lot easier. We have reviewed the recommendation and the conditions. Thank you to staff for doing a great presentation. For the most part, we agreement with them. We do have one sticking point that we'd like to have a discussion with you folks about. I also think your bringing up that conversation about the easement would also, maybe some language in there for some flexibility would be a good idea. Just for a little bit of background, I did contact the landowner in the back that holds the easement rights over there, and it's two sisters that are somewhat elderly. We talked to them about trying to potentially utilizing that easement to make one access or two accesses to not have to even utilize that, that easement, or kind of use existing infrastructure that would be going in. They weren't in a position to agree to that. They actually were thinking about selling the property. I'm not sure if they listed it or not, but that's what they were planning on doing, so we really couldn't finalize anything with them. So, I think having a little bit of latitude in the future wouldn't be a bad idea, but we did have that conversation, so unless the Applicants go otherwise, I think we went down that road. So, the, the issue that we're having is Condition F which is "Prior to issuance of a Certificate of Occupancy for a commercial use on the property, the applicant, successors, or assigns shall provide improvements to the subject property's entire Old Volcano Road frontage consisting of, but not limited to pavement widening with [concrete] curb, gutter, and sidewalk, drainage improvements, and" other related utilities, "utility relocation, meeting the requirements of the Americans with Disabilities Act and the approval of the Department of Public Works." So, that's a full-blown curb, gutter, sidewalks improvement. As most of you know, Old Volcano Road there, it's a little bit more rural. There's no curbs, gutters, and sidewalks anywhere in there. There was a rezoning that happened some years back on the, behind the Kilauea Lodge property, and there was a different condition in there that they just had them widen it for pedestrian and walking and safety that was basically a widened shoulder, paved shoulder. So, we kind of wanted to have that conversation. I think it would be, obviously makes sense to have some type of shoulder improvement on there to some degree, but curb, gutter, and sidewalks doesn't really seem to meet the general feel of Old Volcano Village. I think we'd actually have people out there kind of upset that we're curb, gutter, sidewalking that area. Furthermore, if you actually had a pedestrian going across or walking across there and then having to navigate over a curb, gutter, sidewalk for a 120 feet, it'd be kind of odd, problematic. So, that's our, that's the sticking point that we have. Otherwise, I don't see much of an issue, but on that note, I'd like introduce Dan Baumann with Kilauea Lodge and Seth Warner, who works with Kilauea Lodge. And, if you guys would like to add anything to that? EXHIBIT B 6 AGUINALDO: I have one for Mr. Chair. Mr. Chair, you know like, what Mr. Kern was asking, you know, pertaining to the condition. I think every, everyI don't know, I don't want to say district, but every certain areas, they do have a design committee that, you know, kind of review things, yeah? You know, I know, like Volcano is kind of you know, whoa, you know? I think it would be the first curb and KERN: It's a little, it's a little, definitely a little unique. I know we did the walking path improvement for Volcano School when we did, when we were in there, but I think again it wasn't a full curb, gutter, sidewalk for that. I know Seth has spent a lot of time in Volcano; Seth lives in Volcano. And, he, you know, basically, you would agree that that's kind of an oddity for Volcano, right? WARNER: Yeah [inaudible]. AU: Mr. Chair, I have a question. CLARKSON: Go ahead. AU: Sorry, I didn't get your guys' last names—Dan and Seth, can you guys tell us a little bit about your employees from your existing facility and your new proposed facility, and I asked the question about employee parking, so what are you going to, how are you going to deal with that, because you're adding on employees now. BAUMANN: Hi, I'm Dan Baumann. I reside in Honolulu and represent the owner, the ownership. So, currently the employees that we have at the property are divided into restaurant employees and hospitality employees. There's another area where employees can park as well, but what we're trying to do is just sort of I guess congregate it all together, so it's a little bit neater set up and doesn't affect the guests as much. That's kind of the whole concept of the, of the property that we're improving. In terms of additional employees, we would only be looking at additional employees that would run whatever retail that goes into that building that we're constructing. So, we're only talking about a handful of employees that would be a net difference to what the operation already is. We're just enhancing the property, the same operation, but enhancing the property to support it better. AU: Thank you. CLARKSON: I think the Planning Director has some comments he'd like to make about his conversations with Public Works regarding this curb, gutter, sidewalk issue. YEE: Yes, and I'm going to defer to Christian who actually spoke to them. KAY: If I may, before I get into that, I did fail to mention along with the revised site plan, on the yellow sheet of paper, there's some revised language based on that site plan that we'd like to add to the Background and Recommendation Reports. It doesn't change anything having to do EXHIBIT B 7 with a condition, but I wanted to put it on the record since this is a rezone going to the County Council, and essentially, it's just the old language which is speaking to the old site plan. The new language is speaking to the new site plan. That's all. So, in terms of the roadway improvement issue, Exhibit 3 of the Background Report is a letter from the Department of Public Works. It's our understanding based on conversations with them that their standard, their roadway improvement standards for commercial zoning are full curb, gutter, sidewalk along the entirety of the frontage of the property. We did speak with them after conversations with the Applicant to see if there was flexibility from that, if there was a way that we could craft something different understanding that maybe it doesn't necessarily fit the character of the area. Based on our conversations, we were told that that is their standard, and they are going to stick to that standard. Based on that information, I passed it on to the Director, and he agreed that we would keep our proposed condition. We do have Bryce Harada here from DPW if you have specific questions for the Engineering Division who produced that comment letter. However, that's kind of how we got here with that, and you obviously as a Commission have the opportunity to craft new condition language and certainly up at County Council, they have the opportunity to change that condition as well. CLARKSON: Now, correct me if I'm wrong, but haven't we in the past on other rezones where the same standard condition was proposed by Public Works, defer the actual construction of curb, gutter, sidewalk and simply require that the landowner commit to their pro -rata share of the cost of such construction once there was a determination that a long stretch of road would actually be improved in that regard. Our original concern was you go from curb, gutter, sidewalk to no curb, gutter, sidewalk to curb, gutter, sidewalk to no curb, gutter, sidewalk. KAY: Sure. CLARKSON: And, that really a whole section of road should be done all at one time rather than piecemeal and that the funding for that all at one time should come from the landowners fronting that road, but not be required necessarily immediately. KAY: You are correct. In the past, we have done that, and there have been discussions about that. Again, based on the conversations that I had yesterday with Public Works, we were told that that was the standard and that's what we werethat's, they were sticking with that recommendation. Again, should you as a Commission want to propose different language or have us come up with some different language, that would then go up to County Council, that's certainly your right. AU: Mr. Chair? Question. CLARKSON: Yes. AU: Can I call Bryce over? Sorry, I didn't get your last name. EXHIBIT B CLARKSON: Excuse me, please raise your right hand. Do you swear or affirm to tell the truth on this matter before the Commission today? HARADA: Yes. CLARKSON: Please proceed to receive a question. AU: So, we have, like our Chair had mentioned, you know, we've approved applications in the past, you know, to take out the full-blown curb and gutters in areas that are like this. How does that affect your department, and when you guys make these decisions, do you guys take—when you come out with these decisions for these applicants, do you take that into consideration? Everybody else around the area? All the other properties that don't have full-blown curb and gutters? HARADA: Yeah, we do take that into consideration. I know we discussed this subject Change of Zone application with others in our department, and yeah, basically, we're recommended to tell the Planning Department that our requirement would be for curb, gutter, and sidewalks based on this zoning. And, we did also mention about what you had mentioned, but that was what I was advised. AU: So, has Mr. Kern and you consulted about this? I'm sure you guys have met, right? KERN: Yeah, we've talked about this. We talked with Planning staff, and I understand where DPW is coming from. This is standard procedure for a CV zoning. You know what I mean? If this was Waiakea Houselots, there's no conversation. The issue is that we're in Volcano Village, and that's why there's a Commission; that's why there's a Council. To have a little bit latitude and some flexibility in these ways to make sure that we are protecting, you know, public health and safety, but also making it work for everybody. So, it's not necessarily that we're adversarial. It'swe understand that they, it's hard for them to have that flexibility, too, right? That's where it's up to you folks and the Council to have some of that flexibility. Correct me if I'm wrong. AU: Okay, thank you. AGUINALDO: I have one, Mr. Chair, for Bryce. As far as your curb and sidewalk, yeah, is there enough shoulder for even for people to walk? The reason why I ask is that I have properties in Mauna Loa Estates. I'm familiar with Volcano Village. It's kind of unique. It's, you know, like artsy kind people. I mean it's just one unique place. I haven't seen through my lifetime any curb and concrete sidewalk. If that was the case, then we should have implement when Ace Hardware came in, right? You know, if we really look at it, it's just going to change the dynamic of just in the Volcano Village, and, you know, I see the positive thing of making one sidewalk for people, but is there enough shoulder for people to walk and go to there, where they have, I'm assuming, Zen, you have enough ample parking for whatever the design is, so why should people walk to there when, you know? I mean, that's my only thing because I'm familiar with Volcano. It's kind of unique, yeah? And, that's why I go back again, was there anything pertaining to a design committee EXHIBIT B 9 that, you know, overlooked this and kind of, you know, go over this kind of stuff. But, yeah, I know, like, what the other, you know, Commissioners was talking about, yeah? CLARKSON: Excuse me, Christian? KAY: Yes? CLARKSON: Could you put up one of your photos of the frontage of the property again just so I have it in mind? The one particularly looking toward Hilo. AGUINALDO: You see `em? No more three feet. KERN: The property line runs up, similar to that rock wall on the left. CLARKSON: So, you have the lane, you have maybe 2 or 3 feet of paved shoulder and then a mown grassy shoulder? KERN: About six feet or so. CLARKSON: OfI don't know. KAY: Yeah. One other thing to point out, Mr. Chair, the Volcano Village, the Long -Range Master Plan also spoke specifically to Volcano Road and said to install traffic calming devices such as broad speed humps and redesign Old Volcano Road margins to accommodate pedestrian and bicycle traffic. So, in addition to DPW's requirements, there is that community plan, vision for that area, for pedestrians and bicyclists. So, just another piece of information to share with you as you are making your decisions. CLARKSON: Thank you. Any further questions for the Applicant or their representative? If not, thank you, gentlemen. KERN: Just real briefly, will we have an opportunity to come back up and further discuss this shoulder issue? CLARKSON: Yeah, I'll make a commitment to try to make, if I have to, not resign the Chair, but I'll make sure there's a motion to change that condition. KERN: Yeah, `cause we just wanted to have that conversation. There's a few examples that we could kind of go over. We wanted to start with that conversation first, so, thank you very much. CLARKSON: Oh, you do? Okay. KERN: Yeah, just because we have the example like what was used for Ace. We have an example what was used for the previous rezoning back in '95. AU: Mr. Chair? EXHIBIT B 10 CLARKSON: Well, I'm sympathetic to the requirements of the Public Works Department, but, and eventually some decade in the future, this will probably all be curb, gutter, sidewalk in front of the commercial section of Volcano Village, and I think that Public Works is right to kind of require the landowners who are getting the benefit of an upzone to pay their fair share of the cost of that upgrade, but I just want to, I personally think that it shouldn't occur now, and it should occur—so a condition should be put on the zone that the landowner pay their pro -rata share whenever those improvements are made. KERN: So, it's a time, it's a timing issue, right? CLARKSON: Right. KERN: Yeah. AGUINALDO: At that time. KERN: Yeah. CLARKSON: `Cause we've come up against this standard pro forma condition many times, and this is one of those times where I personally feel it's particularly inappropriate to make that physical construction right now. AU: Mr. Chair? I have a question for Mr. Kern. Can you share your proposed solutions? KERN: Yeah, we can talk about it. I mean, one, basically is at the beginning was to widen it with pavement, you know. I think we all talked with the Applicant about the opportunity to maybe on a timing issue as well. We didn't really get into that conversation, so I think that's another good possibility, but the other one was to basically widen that shoulder a bit, which is pavement. AU: So, you're proposing widen the shoulder with asphalt up to the rock wall, up to the property line? KERN: Well, the other one did four feet, so it's more to start the conversation. We didn't have a set -in -stone proposal per se. Wanted to have, kind of have the conversation, see how it was feeling, and, you know, again, something came out with a timing issue that we can look at. So, it was basically the other one was a, for the Ace Hardware was widening it, so it was four feet, four feet wide. KAY: If I may interject, we do have examples of conditions that we had talked about before where there was a timing component and a pro -rata share that we could go and grab language for if we could take a recess. Up to you, though. CLARKSON: I think that would be very helpful. KERN: Yeah. EXHIBIT B 11 CLARKSON: That way that way, it could be read as a motion, and I think it's been two hours, and so we are going to take a 10 -minute recess. KERN: Thank you, all. CLARKSON: And return to duty at approximately 11:05. Chairman Clarkson called a recess at 10:54 a.m., and the meeting was reconvened at 11:06 a.m. CLARKSON: The Windward Planning Commission meeting will now come to order. While we are waiting for some language to be delivered, we'd like to proceed with public testimony, and at this time, I'd like to call Dwight Vicente to testify. And just a reminder, you're still unsworn from your previous testimony. VICENTE: All right. CLARKSON: Please proceed. VICENTE: Okay, the, these lands here I believe was not ceded in 1898, so this Commission is limited to the 1,750,000 acres that was illegally ceded by the banana republic in 1898 and was rebranded as Hawaiian Homes in 1920, which is based on the Northwest Ordinance of 1787, and the State of Hawaii by the Admission Act Compact, Section IV Compact agreed to manage the 1,75450,000 acres in, of Hawaiian Home Lands that became the State of Hawaii. So Hawaiian Homes and State of Hawaii is one and the same, so the County of Hawaii being a political subdivision of the State of Hawaii is limited to the 1,750,000 acres. The Planning Department uses a term that was, that is based on the Hawaiian Homes Commission Act, Native Hawaiian, the definition. But, they are applying them on the other side to the agricultural lands, and the general public is being applied which is 5F of the Hawaiian Homes being applied to the lands, the agricultural lands, which was not ceded. So, that's a problem that should be corrected because you're going beyond the limits of the Joint Resolution of 1898. Now, the Joint Resolution of 1898 relies on the 1875 Reciprocity Treaty which King Kalakaua and the U.S. President did not sign. That treaty would incorporate the Kingdom under the Section 4—Article IV, Section 3, Clause 2 of the U.S. Constitution. No amendment. You go with Marbury v. Madison. Rather than amending the Constitution, they got the Downes v. Bidwell case where they got the courts to amend the, rather than going through a constitutional amendment through Article V, they used the court system which has no authority to amend. They can only enforce it in the existing Constitution. So, the, you need to know what your limits are. This Commission is limited to the Hawaiian Homes, and you're located in the Hawaiian Kingdom, because Hilo was not ceded in 1898. So, you're having the, this meeting here in the Hawaiian Kingdom in Hilo, and you're dealing with, your limits is Hawaiian Homes. So, you gotta really think about that. So, anytime dealing with lands, you gotta know what lands you're dealing with. Hawaiian Homes or the Crown and EXHIBIT B 12 Government lands that was not ceded in 1898. It still belongs to and fall under the jurisdiction of the Hawaiian Kingdom. Thank you. CLARKSON: Thank you. Any questions from the Commission for this testifier? If not, thank you. And, at this time, continuing our—are there any further testifiers on this matter today? Okay. If not actually, I'll ask for a motion that we close public testimony. DELA CRUZ: I move that public testimony be closed. REPLOGLE: Second. AGUINALDO: I second. CLARKSON: All those in favor? COMMISSIONERS: Aye. CLARKSON: Opposed? Public testimony is closed. So, we've all been presented with a language that has been used in the past as a condition for future improvements along a roadway. AU: Mr. Chair? CLARKSON: Yes? AU: While we are reading this, can I ask Mr. Kern to come to the table? I have a question for him. So, Mr. Kern, I'm sure you guys have gotten, well, if you haven't, I'm sure you guys have gotten proposals for the differences between just getting AC as opposed to concrete, and is that one of the reasons why? Is it because it's expensive as well? KERN: The cost is obviously a concern at any event, but I don't think it's necessarily a cost issue as much as it just doesn't make sense right now. REPLOGLE: It's weird. KERN: It's just weird, yeah. It just doesn't meet the feeling of Volcano Village. Maybe one day when it is all—if and when it is curb, gutter, sidewalk, then it would be, there would be continuity. But, right now, it'd be weird and strange and odd. CLARKSON: So KERN: —And, I think I would like to point out that the, you know, the new owners of Kilauea Lodge, they've been putting money into the lodge, making it nice, cleaning it up, fixing it, really doing, really doing something really, really nice up there. So, it's not way less of a money issue than it is it just doesn't, doesn't fit right now. EXHIBIT B 13 AU: So, I'm sure you've received this from staff? Well, do you have any comments about it? KERN: No, we've talked with the Applicant's representative about it, and we're good with that. AU: Okay, well, I have a concern. You know, a 5 -foot widening future road, a 5 -foot strip, that would take it like into the grassy area. Wouldn't it be more feasible just to go all the way to the stonewall? And, can we put that—what would your comments be on that? KERN: My comments would be where are they going to do on the other side of it? On the other property to the right and left of it and down the street when it's done? KAY: If I may point out Commissioner Au, these are samples from different or previous rezones so, the language isn't necessarily going to stay the same. In fact, in the comment letter from Public Works, there was no requirement for any additional future road widening strip which we often get comment indicating that they want additional land area. So, these are just kind of for discussion purposes. I'm sorry, we went front and back and it seems like in this case, maybe that first sentence is appropriate to strike out or delete and stick with, "The applicant, successors or assigns shall provide their pro -rata share for the construction of full improvements to the entire property frontage along Old Volcano Road consisting of, but not limited to, pavement widening with concrete curb, gutter, sidewalk, drainage improvements, any required utility location and the cost of the road widening strip" or maybe take that out, too, if that's not a requirement, "meeting with the approval of the Department of Public Works." And, then this is kind of the timing element is this next sentence. "This pro -rata share for roadway improvements specified in this condition shall be determined by the Department of Public Works and shall become due and payable to the County of Hawaii within six months from the date that formal notice is served upon the applicant, its successors, or assigns by the DPW regarding a program for the installation of curb, gutter, and sidewalk improvements along the frontage of Old Volcano Road in proximity of the subject property. So, what this is essentially saying as I read it, is this would be part of a larger program to hit the entire kind of commercial area along Old Volcano Road, and that's when it would become payable and based on an amount that is dictated at that time. CLARKSON: I think you've got the entire language except that I would suggest "in proximity to the subject property" is kind of vague; that we should specific that it should be "the frontage between" and what are the two roads that form a large a block there? KAY: Wright Road and Haunani Road? Yeah, so CLARKSON: When there's a project to improve the entire frontage between Wright and Haunani, that then they should come up with the pro -rata share. KAY: Okay. EXHIBIT B 14 KERN: And, to expand on Commissioner Au's question there, what most likely would happen is that the pavement would be widened a little bit more, right, and the curb and the sidewalk, probably to the property of all the adjoining parcels, so, for us I think it's really about continuity now and then. REPLOGLE: And, there's nothing wrong with having a little green between the road and the property. CLARKSON: Okay, public testimony has been closed. If there's no further questions of the Applicant, I'd like to ask for a motion for action on this matter with an amendment to what is, I can't remember the AU: Condition F. CLARKSON: Condition F. REPLOGLE: I would like, I move for a favorable recommendation be forwarded to the County Council, the application for a Change of Zone, Docket REZ 19-000239 based on the Planning Director's recommendation along with this proposed amendment that was brought to us by Planning, and that this be accepted and adopted. AGUINALDO: I second. CLARKSON: Any further discussion? Are we clear on the language of the amendment of Condition F? KAY: Just so that I can read it into the record. So, we're deleting the first sentence about a 5 - foot future road widening strip, "The applicant, successors or assigns shall provide their pro -rata share for the construction of full improvements to the entire property frontage along Old Volcano Road, consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, any required utility relocation" and the cost, oh, I'm sorry, taking out the cost of the road widening strip, and just keeping "meeting with the approval of the Department of Public Works. This pro -rata share for roadway improvements specified in this condition shall be determined by the Department of Public Works (or the DPW) and shall become due and payable to the County of Hawaii within six months of the date that formal notice is served upon the applicant, it's successors or assigns by the DPW regarding a program for the installation of curb, gutter and sidewalk improvements along the frontage of Old Volcano Road between Wright Road and Haunani Road." AGUINALDO: Yes. REPLOGLE: Roger. AGUINALDO: Second on the roger. EXHIBIT B 15 CLARKSON: Any further discussion of this? Okay, if there's no further discussion, please call the vote. KAY: Thank you, Mr. Chair. Commissioner Replogle? REPLOGLE: Aye. KAY: Commissioner Aguinaldo? AGUINALDO: Aye. KAY: Commissioner Au? AU: Aye. KAY: Commissioner Dela Cruz? DELA CRUZ: Aye. KAY: And Chair Clarkson. CLARKSON: Aye. KAY: Thank you, Mr. Chair. Motion carries five, nothing. CLARKSON: You'll be notified in writing in the near future as to the action we've taken today. The discussion ended at 11:19 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission EXHIBIT B 16