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HomeMy WebLinkAbout2020-07-02 Exh C PD Initiated (Primary Airports) WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT JULY 2, 2020 A regularly advertised hearing on the application of PLANNING DIRECTOR INITIATED was called to order at 10:03 a.m. in the County of Hawaii Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii with Chairman Thomas Raffipiy presiding. COMMISSIONERS PRESENT: Gilbert Aguinaldo, Joseph Clarkson, Thomas Raffipiy, John Replogle. ABSENT & EXCUSED: Dean Au. ALSO PRESENT: Michael Yee (Planning Director), John Mukai (Deputy Corporation Counsel for the Planning Department), Malia Hall (Deputy Corporation Counsel for the Windward Planning Commission), Alex Roy (Planner), Jessica Andrews (Planner), Christian Kay (Planner) and Melissa Dacayanan-Salvador (Temporarily Assigned Commission Secretary). And 7 members from the public in attendance outside of the conference room. INITIATOR: PLANNING DIRECTOR An ordinance amending Chapter 25 (Zoning Code), Articles 1 and 5 of the Hawaii County Code 1983 (2016 Edition, as amended), relating to primary airports. The purpose of these amendments is to establish a land use called "Primary Airports"by adding a definition, identifying accessory land uses, and adding the land use as a permitted use within the County's Limited Industrial (ML) and General Industrial (MG) zoning districts. RAFFIPIY: The next item on the agenda is Planning Director Initiated item an ordinance amending Chapter 25 (Zoning Code), Articles 1 and 5 of the Hawaii County Code 1983 (2016 Edition, as amended), relating to primary airports. The purpose of these amendments is to establish a land use called "Primary Airports"by adding a definition, identifying accessory land uses, and adding the land use as a permitted use within the County's Light(should be Limited Industrial (ML) and General Industrial (MG) zoning districts. At this time, we will let staff do the presentation. ROY: Thank you Chair. Like you said, this is a really a definition change, a Planning Director Initiated change to include a definition for what's called Primary Airports. So, as stated this is an amendment Chapter 25 of the Zoning Code, Article 1 and Article 5. The Planning Director is initiating this amendment to the Zoning Code and it's relating to like I said Primary Airports. Currently, the only reference in the Zoning Code refers to the airport type use listed as airfields, heliports, and private landing strips. It's very general and basic. These uses are not defined in the Zoning Code and do not mention any accessory uses that's the key as to why we are here today. The definitions is going to allow accessory uses at a primary EXHIBIT C 1 airport as defined. It will defined the primary airport in the definition section, this falls in line with what is provided to us by the Federal Aviation Administration or FAA. Where they categorized primary airports of having more than 10,000 passenger boarding's each year. Also included in the definition is a general list of accessory land uses that is normally associated with primary airports. These are common uses we see around the country and around the world. So, as I said primary airports means a publicly owned airport that has more than 10,000 passenger boarding's each calendar year and that's define by the FAA. The amendment will define primary airport in the definition section so, as defined by the FAA. County of Hawaii has two (2) International Airports of course we know Hilo (ITO) Hilo International Airport which is with the (ML) zoning district so, Light(should be Limited) Industrial. The Kona International Airport which is within the General Industrial or (MG) zoning district. A number of accessory land uses associated with these primary airports are not permitted at this time. This amendment aims to rectify that and include things such as retail establishments, automobile rentals, offices, business services, and personal services. One reason this amendment is being brought to use is to put it in line with the zoning code also. The big one though is the allowance of hotels to be housed on the airport property. So, as I said this is really being changed to permit or allow conference centers and overnight accommodations to support airport operations. In light of our current situation possibly provide opportunities for quarantine hotels that are adjacent to or on the property of the airport. As we know, most of us has travelled over into the Mainland or overseas at just about every airport I've ever been to has a hotel associated with it. If you look at Honolulu, there's one just right at the base there as you enter into the property. So, it's a very common thing and so this amendment is really just trying to fix a puka to allow something that is typical for airport properties. And that the definition of"Primary Airport"would not allow anybody else in the ML or MG district to just say. Oh, well I get to do a airport hotel. RAFFIPIY: Can you turn up the mike a little bit the speaker. They cannot hear outside. I suggest you speak a little bit louder. ROY: Okay, to reiterate the amendment primarily is to allow for conference centers and overnight accommodations to support airport operations. This include airport personnel, visitors, stranded passengers, and this is really for the Kona International Airport not so much for Hilo. A hotel conference center is identified in the Kona International Airport current Master Plan. But the zoning does not permit that. So, this is really to kind of again to fix a puka that we've stated that that's allowed. We actually approved of that the use but the zoning doesn't permit it. So, this new "Primary Airport" land use, so this change will be added as a permitted use only within the County's Limited Industrial and General Industrial zoning districts with the requirement that plan approval must be secured by the Planning Director. This means that an applicant will need to submit plans for Plan Approval prior to any expansion. As I said before they have to have the Primary Airport designation even though they are in the ML or MG districts unless they have Primary Airport designation they can't qualify for these accessory uses. EXHIBIT C 2 So, they are all kind of under that Primary Airport definition. So, anyone claiming which we know other people have ML or MG zoned districts but, unless theirs stated as a Primary Airport they can't so, its not an overreaching for every ML, every MG that has to be Primary Airport. And really we just have two (2). So, here's Hilo International Airport we see, everyone knows that the land there is privately owned and then Kona International Airport. Just of note a lot of the land around here is actually within the State Land Use Conservation District. I know they been having a lot of issues with permitting going thru to try to get these uses established. So, at this time, for the Planning Director's recommendation we would like to support a favorable recommendation to the Hawaii County Council. With that, I'll take any questions as best as possible. Thank you. RAFFIPIY: Thank you Alex. Any questions from the Commission? CLARKSON: Yeah, maybe I misheard. Who owns the land under the Hilo Airport? ROY: Both of them were stated to be publicly owned airport. But the land is private land. CLARKSON: The land is what? ROY: I'm sorry both of them are on publicly owned lands. These airports, both, yes. Both are on publicly owned lands. Sorry I was mistaken. This wasn't actually mines so I'm just kind of picking this up as CLARKSON: I have another question ROY: Go ahead. CLARKSON: —Maybe this is for the Planning Director. It appears that activities at the airports has been basically out of County's jurisdiction for a long time if there is all of these activities that are not authorized by the Zoning Code that have been approved. Is it,please confirm that County zoning is relevant to the operation of these kinds of facilities on publicly owned land. YEE: I'm not sure exactly what your asking Joe. CLARKSON: Well, I'm just wondering. Well, here's what occurred to me as I was watching. You know there is an airport at Pohakuloa, that probably comes close to qualifying as being a Primary Airport. Is the Department of Defense going to come to the County of Hawaii and ask for a permission to build barracks and other housing on that property? YEE: Well I would disagree CLARKSON: Or is that outside of the County's purview? YEE: Well, first I would disagree that Pohakuloa would even come close to being defined as a Primary Airport. It doesn't meet the criteria for that. I will say, let's say for Kona Airport for EXHIBIT C 3 different uses they've received permits from us to do certain things. Once we got to let say an airport, it became sticky because it doesn't out right permitted. So,there been many permits that we've allowed for in and around let's say Kona Airport. I think beyond just an airport hotel, there many accessory uses that we also could foresee in the future if the airport had to keep coming to us for what we would think would be reasonable uses. It was kind of burdensome on their part and our part to have to review every accessory use right. So, we are trying to broad it within in reason. I will say if you read through the materials there was a question around questioning whether or not I should have Plan Approval. I want to be firmed that we want Plan Approval from the County. Like we are not giving a blank slate to the airport to say okay we want this and we are just going to do it. So,they have to come in and check what they are doing and in this case with the primary hotel I'm not looking for a resort. I don't want let's say fancy pools and stuff like that. It suppose to be a functional airport for those that have short-stays right. So,that's why we want Plan Approval. CLARKSON: Thank you. RAFFIPIY: Any other questions? I have a question. Will there be a, lets say this goes thru and approved will there be a strategic plan for that area so that we know how things are going to be constructed and build and allowed cause what I don't want to see is I don't want to see so many things happening and there is no strategic look. Before we know it's going to look like Honolulu International Airport as soon as visitors come out and boom they say HI and Nimitz and everything and all that. YEE: I'll have Alex talk maybe a little bit more about the Master Plans. ROY: Yeah, there is a Master Plan for Kona International Airport and the intent of this amendment really is to satisfy and allow them to pursue that Master Plan that has been permitted or approved. I get where you are going with the over development, but they will be having to come in and the reason we are changing this is because the County zoning doesn't permit. So, they need this change in order for us to be able to do the plan review as the Director said. We will be reviewing that in with consistency to the Master Plan that has already kind of been established. That Master Plan calls for one hotel and conference center again in support of airport operations. I think the definitions really allow us the opportunity to ensure that it's not a resort and we are not building that. That's why the definition says in support of airport operations. According to the FAA there are only two primary airports on this island and that's Kona and Hilo. They call no others out as potentially being because it is not up to it's more than 10,000 passenger trips per year. So, the FAA called out only those two, Hilo and Kona. But this is primarily really for Kona to fulfill their Master Plan. RAFFIPIY: Thank you very much. No questions? At this time, we will go into public testimony. I have two (2)people signed up to testify. First, I'm going to call in is Dwight Vicente. Again, Dwight Vicente is not sworn, so please Mr. Vicente go ahead and you have three minutes to do your presentation. Thank you. EXHIBIT C 4 VICENTE: Good morning again, my name is Dwight Vicente representing the Hawaiian Kingdom. The Hilo Airport is on the ceded lands going back to 1898 by the Banana Republic. In 1920 they placed it under Hawaiian Homes. Hawaiian Homes is based on a Northwest Ordinance of 1787. That's why you have the Public Trust Doctrine and the blood quantum. I don't see Hawaiian Homes here though. I represent the Hawaiian Kingdom and not Hawaiian Homes now. But, I don't see no where, where's there's communication between the Hawaiian Homes Commission and this Commission. As far as for the airport in Kona I believe that those were leased lands. They were not ceded in 1898. You remember all the coastal lands was all leased out. The interior lands had no leases. So, like they were talking about the Pohakuloa. That is Hawaiian Homes. Well, they rebranded as Hawaiian Homes. But, that is actually Government Lands for the Hawaiian Kingdom. So, US Military being here is unconstitutional because the US Military is only in the thirteen (13) states and under Article 1, Section 8, Clause 17, purchase with the consent of the legislature of one of the 13 states. That's it. Now, going back to the Kona Airport it's not under Hawaiian Homes but, the Hilo one right now for the moment it is under Hawaiian Homes until the 1898 Joint Resolution is challenged. The word Public Lands comes from the Banana Republic. In 1894, they called those lands without lease contract as Public Lands. Well, Public Lands you'll find them in the Ohio River Valley only. Those are called Public Lands and that's what the Public Trust Doctrine applies to. Now, going back to the 1898 Joint Resolution, Congress said Federal Land Law shall not apply to these stolen 1,750,000 acres. Well, in the 1900 they applied the Northwest Ordinance created Territory of Hawaii. In 1920 they did the Hawaiian Homes Commission Act which is based on the Northwest Ordinance. Part of the deal was, it was also ending a removal act. They removed the natives off from the leased lands so that Banana Territory of Hawaii could do their adverse possession on those lands. That's where the lessees claimed or went to the Banana Courts under the Territory and put in a false claim of ownership. That's how you have all those "roads in limbo"right now. Well, the "roads in limbo"because lands are in limbo. The Banana Territory could not do adverse possession. They had no authority. They were limited to the 1,750,000 acres only. So, you guys need to get the Hawaiian Homes here as I represent the Hawaiian Kingdom and not Hawaiian Homes. So, dealing with that you that. But,the Kona Airport is still Kingdom yet. With that I reserve the rights of this Kingdom under the Queen's protest of January 17, 1893 against criminal US Minister Stevens it is yet to make its way to the US Supreme Court, Article 3, Section 2, Clause 2 original but limited jurisdiction. The 1898 Joint Resolution goes back to the 1875 Reciprocity Treaty that's why people wonder why they didn't do a joint resolution as based on the 1875 Reciprocity Treaty. Going all the way back to 1820, President Monroe had no authority to appoint John C. Jones as the agent for the US and sent the missionary families and the US Navy here. No treaty, no authority, Marbury versus Madison. Thank you. RAFFIPIY: Thank you very much. Any questions for Mr. Vicente? Thank you, Mr. Vicente. This time I would like to call in Melvin Mason, Jr. Can you please raise your right hand. Do you swear or affirm to tell the truth on this matter now before the Planning Commission? EXHIBIT C 5 MASON JR: Yes, Sir. RAFFIPIY: Thank you very much , Sir. You get three minutes, go ahead and make your presentation. Speak directly into the microphone please. MASON JR: Aloha kakahiaka, My English name is Melvin Mason Jr., [testifier spoke in Hawaiian language - inaudible]. First, mahalo Uncle,`Anakala you know what is shared , a lot of things are not true. For me, this is going to be a twister and the reason why is because the question that is on the table here for today. I was pretty much the one initiated it all, I am Kanaka. My father is actually buried up Mauna Kea with six (6) other ancestors. It was New Year's at that time. The [testifier spoke in Hawaiian language - inaudible] for share actually there was a lot of questions earlier that you folks were talking about I can actually answer to do with the Master Plan and the initiations of the development and what's going on now and what's to become. I actually sent my testimony both in English and Ma ka `61elo Hawaii. I was actually doing it today in Hawaiian but, I know a lot of people even Kanaka [testifier spoke in Hawaiian language - inaudible] they cannot really speak. So, I'm going to start Aloha, Chair, Vice-Chair and Commission. This is actually my first time for me to speak and Mahalo. I am Melvin G Mason, Jr [testifier spoke in Hawaiian language - inaudible], I am the CEO of Keahole Hotel & Suites LLC, I wish to support this process to proposed changes initiated to the following amendments to Chapter 25 (Zoning Code), Article 1 and Article 5 of the Hawaii County Code 1983 (2016 Edition, as amended). I believe that having a hotel at the airport itself is beneficial not to just the State of Hawaii or County or most of all our community. For me, it's also for our Hawaii. I know that the need for this is great since there was no accommodations within walking distance of the tenuinal as I have experienced with travel to other states and other countries such as Japan, China, Thailand, England, France, Germany and even Sweden. Actually, for Kanaka for me being born and raised in Hamak-is and Honoka`a I've been around the world twice. I've seen a lot. It would be actually of tremendous convenience to the travelers who use the airport especially when there are problems with flight cancellations, early flights and such. I also believe that the jobs and revenue that the hotel will bring great benefits that of Hawaii in these uncertain times. Which includes the County with having to actually have taxation, the State would actually be able to have leased money and actually to help the system. So, we don't really need to increase the taxes on the people. So, we do it in administrative wise into a business in certain areas that we can. Where is pono and follow through. So for me, relating to Primary Airports. The purpose of the amendment is to establish a land use called "Primary Airports" by adding a definition identifying accessory land uses and adding the land use within the County's General Industrial (MG) zoning district. Mahalo a nui loa me pumehana for letting me to be able to be sharing a vision that I have actually seen for the development of the Ellison Onazuka Kona International Airport at Keahole. EXHIBIT C 6 It is my hope that these lands that I desire to develop can be made available to us for the economic betterment for our community and the furtherance of the education of our children. In summary, I Melvin G Mason Jr is in full support with the changes to creating the Primary Airport designation. RAFFIPIY: Thank you very much. Do we have any questions from the Commission? AGUINALDO: No. MASON JR: I can share a little bit more if you don't mind. Actually, the Keahole FBO One LLC Company I created it. The one that is actually building the largest hanger over there in Kona. I was also the one who initially created the direct responses for the (thumping sound) at no cost. For me, I saw an opportunity, I saw an opportunity that a lot of people who are very wealthy was taking in advantage of the system that we have this is very arquet. When I found out that Michael Dell, Richard Branson, Steve Jobs and everyone is actually paying about$75.00 on a revocable permit. That blew my mind and that's when I realize the DOT and the State was actually poor. No money. But the allocations that I understand that I know, I live in Kona. The three of nine districts we pay 70% of the taxation that actually pays for the County to operate. I do understand that this will actually help in a lot of different ways that we don't need to keep increasing the taxation on the people. But, this kind of business that developing can because it's already been passed the Master Plan in 2010. All I'm doing is fulfilling the dreams and desires of many. The question was earlier you folks mentioned I overheard it's not a hotel that going to be glamorous like Honolulu. It's very strategic and therefore, you know because it's going to be solar 80%. The air conditioning system is SWAC, Seawater Air Conditioning coming from NELHA. I already committed to a fine So, there is a lot of things I allocated and the main thing that I am allocating back to answer the Director and the Planning Director part about swimming pool. I bring you back to paaea, which is actually the pond that was taken away by Governor Burns. RAFFIPIY: Sorry, Mr. Mason we have to, your limited to 3 minutes. Hopefully, a lot of these questions will come up. MASON: Yeah, I can answer quite a bit. HALL: At Council. MASON: Yeah. RAFFIPIY: Any questions from the Commission? REPLOGLE: Yes,just a comment, I see there's conference facilities. MASON JR: Yes, Sir. EXHIBIT C 7 REPLOGLE: I totally encourage that. That's something that is missing. MASON JR: Yes, [testifier spoke in Hawaiian and Japanese language - inaudible] I understand Japanese very well. I've done business in Japan and China. The thing with the conference center, yes, it is really agreeable and the thing is actually I have actually a commitment with the Principal of Lanai, Mr. Kinoshita and in we are in agreement. I actually wrote a curriculum in Ma ka `61elo Hawaii for Tourism, Hospitality and Customer Services actually for K-12. I already proved it with Drone Education with another company that I have interest in called Kaleo Gold, We are the most far advance in education with Ma ka `61elo Hawaii and English. Right now the military wants kind a in as literally what I did with that company with the kids to actually operate drones. We're creating officers and not grunts when if the kids choose to go into the military they would actually have the chance to become an officer walking into the military. What I'm doing with education, it's part of the testimony but, I can show the proof. It's all in Ma ka `61elo Hawai`i and also English. So, for me the keiki that people are talking about to leaving Hawaii and going to the Ninth Island called Las Vegas. My opinion that we are unable to keep our people here. Where the work force actually would be able to Ma ka `61elo Hawai i and it's not just a Hawaiian thing because there is a lot of people and the inspirational came from this one child back about maybe 29, 26 years ago. He was blonde hair blue eyed white keiki and he actually Ma ka `61elo Hawaii in a Hawaiian Emergent School. No Hawaiian. So, for me it woke me up that it's not just Hawaiian children it's all children of Hawaii that can actually learn `01elo Hawaii and actually be able to work in this force. People actually can experience what I've experience in Japan and China when they speak their mother tongue. RAFFIPIY: Mr. Mason, I just want to make a comment. MASON JR: Sure. RAFFIPIY: I appreciate your insight, cause I've did my share of travel too and I understand that our system here, our airport system is probably not the greatest. It's not very welcoming it's not for travelers. It more yeah, I'm going to leave it as that. My question here is we are Windward Commission, we are talking about Keahole Airport, we talking about Hilo Airport. Is the Leeward Planning Commission are they hearing the same thing right now. MASON JR: I'm on the list of the Hawaiian Homestead Act of 1920. Actually Prince Kuhio is my fourth cousin, I descend from Kapa`akea, Keohokalole. I come from the Kalakaua line. By blood. RAFFIPIY: Thank you. YEE: It'll be on the July 16 agenda. RAFFIPIY: July 16. They going to hear the same. Okay. Any other questions for testifier? Alright. Thank you very much. EXHIBIT C 8 MASON JR.: Mahalo everyone. RAFFIPIY: Mahalo. At this time, I need a motion to close public testimony. CLARKSON: So, moved public testimony. AGUINALDO: I second. RAFFIPIY: It is moved and seconded that we close public testimony. All those in favor say "aye"? COMMISSIONERS: Aye. RAFFIPIY: Okay, no oppose. At this time, I need a motion for action. AGUINALDO: I make a motion for action. I make a motion for action I 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. REPLOGLE: Second. RAFFIPIY: It's been moved by Mr. Aquinaldo and seconded by Mr. Replogle that a favorable recommendation be forwarded to County Council on the Ordinance amending Hawaii County Code, Chapter 25 based on the Planning Director's recommendation. Staff can you please take the roll vote. ROY: Commissioner Aguinaldo? AGUINALDO: Aye. ROY: Commissioner Replogle? REPLOGLE: Aye. ROY: Commissioner Clarkson? CLARKSON: Aye. ROY: Chair Raffipiy? RAFFIPIY: Aye. ROY: Vote passes, 4-0. Thank you Chair. RAFFIPIY: Thank you very much. EXHIBIT C 9 The discussion ended at 10:36 a.m. Respectfully submitted, Melissa Dacayanan-Salvador, Temporarily Assigned Secretary Windward Planning Commission EXHIBIT C 10