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HomeMy WebLinkAbout2020-07-02 Exh A Paradis K. Reed & Mark A. Reed SPP 20-214 WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT JULY 2, 2020 A regularly advertised hearing on the application of PARADIS KAWEHIONALANI REED & MARK ANDREW REED (SPP 20-000214)was called to order at 9:08 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 9 members from the public in attendance outside of the conference room. APPLICANT: PARADIS KAWEHIONALANI REED & MARK ANDREW REED (SPP 20-000214) Application for a Special Permit to allow for the construction and operation of an independent elder care home with ten (10)units and one (1) main kitchen on the subject parcel. The 1.143- acre subject parcel is located at 420 Ainalako Road, approximately 0.8 miles southeast of Ainaola Drive in Waiakea, South Hilo District, Hawaii, TMK: (3) 2-4-078:008. RAFFIPIY: Let us proceed to the first item on the agenda today., Agenda Item No. 1, Applicant Paradis Kawehionalani Reed and Mark Andrew Reed Special Permit 20-000214. Application for a Special Permit to allow for the construction and operation of an independent elder care home with ten (10) units and one (1) main kitchen on the subject parcel. The 1.143-acre subject parcel is located at 420 Ainalako Road, approximately 0.8 miles southeast of Ainaola Drive in Waiakea, South Hilo District, Hawaii, TMK: (3) 2-4-078:008. With that we will have staff make the presentation. ROY: Aloha Commissioners, thank you for coming down to today in this difficult time. Today we will be talking about a Special Permit application for the Reeds. Here is the location of the property. You can see the little red marker down there so, directly south of Hilo town in Waiakea. The applicants are requesting to convert the existing dwellings. You not hear.? REPLOGLE: I think your mike is not on. EXHIBIT A ROY: Check, can you hear, check check there we go. Alright, no mask then. Sigh... Okay the applicant is requesting to convert the existing dwellings and out-buildings to create an Assisted Living Facility (ALF). I want to take note real quickly that the terminology we had some confusion regarding DOH's terminology and essentially the use. So, we may refer to as an assisted living facility or an elder care facility. But the applicant will speak a little bit more to that. But we are supportive of this idea of an assisted living facility which comes that's a DOH terminology. The site will also host a commercial kitchen for meal preparation, there will be conversion of the buildings to support the residence and if necessary, they will receive licensing from the State Department of Health. Here's the County's zoning as you can see it's a A-5A surrounded by other A, Agricultural 20A, Agricultural 5A, 3A so it's significantly in Agricultural zoning area for the County. State Land Use all Agriculture in the area and surrounding the subject property. LUPAG is EA and IAL for you can see the majority of all of the properties in IAL which is surrounded by extensive Ag and then off to the west you see Medium Density Urban so it's EA and IAL in this area which was important Ag lands and extensive Agriculture. Here's an aerial photograph, you can see the existing structures, the house with the white roof on the northern side of the property is the Ohana permitted, south of that you see the brown roof that is the main dwelling and the three (3) out-buildings which will be converted. The property is a cleared and as you can see has landscaping in and around and that's about it. There's no forest or other rough areas. Here's a general site plan showing you can see off to the right the Ohana and the main dwelling and the three (3) out-buildings they all serve indicate locations of septic or other wastewater. I think there's the three (3) septic plans and a tank already. But the house is that or the structures that needs to be converted the three (3) on the left-hand side, that will be determined on the extent of the conversion based on DPW's requirements. Here's a rough site plan of the interior of two (2) of those converted structures so you can see how these will be set up as studios with private bathrooms and of course the certified kitchen which serves each of the residents and they'll have access to that. Here's another of the two (2)buildings just showing again, you have a lanai and then the studios with the private bathrooms. Here is the existing structures or photograph taken from the road just within the driveway looking towards the property. The main house on your right and the three (3) out-buildings. The one with the gray roof is in the back and the two (2) with the red roof on the left-hand side those are the other out-buildings to be converted. Take note that there is plenty of parking, the applicant will be installing four (4)parking stalls and one (1) ADA parking stall as required. Here's a shot of the road, Ainalako Road which is well doesn't look like it is a County maintained road that's the view South directly in front of the project parcel. Well we did park on the street there will be no off-street parking. The applicant has not requested that. Here's a shot looking North on Ainalako Road so again you can see how rough of a situation that is, being a County road and the entrance is gated. Here just standing looking across the street and towards Ainalako Road from the property entrance. EXHIBIT A So, at this time the Director has recommended that we approve this Special Permit with the conditions that have been stated. Thank you. RAFFIPIY: Thank you very much for Alex. Before we go into question from the Commission just want to introduce John Mukai, Deputy Corporation Counsel for the Planning Director. So, at this time do we have any questions for the staff from the Commission? No question, thank you. Okay as Mr. Kern, you are the applicant representative. Thank you. Do you swear or affirm to tell the truth on this matter now before the Planning Commission? KERN: Yes, I do. RAFFIPIY: Thank you very much. Please state your name, your relationship with the project and speak into the microphone please. KERN: Thank you very much. Zendo Kern, Planning Consultant representing the applicant, can you guys hear me okay? Is that—that's as good as it's going to get so that I kind of can talk louder maybe? RAFFIPIY: Maybe talk a bit louder and directly into the microphone Sir. CLARKSON: I can hear you here but, I— KERN: Not so much over there huh? CLARKSON: —I don't hear— KERN: Maybe that— CLARKSON: —I don't hear anything coming from the speaker. AGUINALDO: The mike eh'. KERN: —Okay, well I'm going to talk a little loud, I'm not mad. REPLOGLE: The lady outside just gave a thumbs up! KERN: Okay, okay right on. Good morning Mr. Chair, members of the Windward Planning Commission. Good to see all everybody in person this time. County staff, the Director,this is weird with the masks on so bear with me I'm smiling up here. Smiling. Okay, first off this is a you know staff did a great a presentation I think this is really a good project for Hilo. I think our seniors do need the care. This is really an extra need for lack of a better word because Paradis, she is a Hilo girl got her a she became a doctor her and her husband and this is part of their dream to be able to offer this type of care to a folks in Hilo on the eastside. Not sure if you guys got the letter from her that I had sent out? If you haven't had a chance to read it, I can certainly read for the record. It's a bit long if you prefer me not to and you get the gist of it, I can maybe refrain from doing that. EXHIBIT A RAFFIPIY: I already read it. Any of you will do you want that thing read out in the record? REPLOGLE: No, it's good. RAFFIPIY: No, no thank you will add it. Thank you, Mr. Kern. KERN: Okay, thank you. So, you know Paridis and her husband really just good folks with a really good heart. Something I want to point out is clarify here that Alex had mentioned that there's a couple names going on for the you know assisted, independent, and elderly care. In an essence that all is true and correct some of that optionality is needed with this especially with Covid. So, if they need to comply with the DOH, they will and as long as we are aware that there's that range of flexibility that is essentially complies with the Special Permit and what is here that we agree to that and in principle we do agree to that. So, I just want to put that on the record from on our side too. Based on that we have reviewed the recommendation and the conditions, and the Applicant does agree to those. Received one phone call from a one of the neighbors they had some concerns. Part of it was more so a general lack of understanding I should say. When I did explained that it seem to not be an issue as far as occupancy it was more thought it would be more like just random people living there but this is limited to 10 rooms, 10 people and with through these conditions that seem to address those major concerns. The one remaining concern was just the shape of the road out in front of the of the property. It is a County road so we can't necessarily go out there and maintain it. So, I said this would be an opportunity for us to you know work with DPW and request them to clean that up right in front of there. It's two lanes getting right up to it, right as you get to the property the road deteriorates a little bit and then it goes right pass the property and opens up a little bit better. So, I said that I would obviously reach out to DPW and I will also reach out to the Council member to bring it to their attention. So, to work with the neighbors to try to do that. That is one area that you know it exists. Now in this case, the folks that are staying there, the seniors there not driving. We are going to have a van there, we going to have food delivered. You know it is not high traffic. The folks coming to visit them would probably be the most traffic in the report it says maybe 10 to 20. I think that's optimistic. I think that would be amazing to have that many guests coming to visit the seniors and be really positive the likelihood would be lucky to have that in a week. So, I don't see any more than that and I think we all would agree that it probably going to be quite a bit less. So, overall impact should be quite little. Ag potential for the property as you can see is very small and minimal. So, we are not really taking away anything in that regard. It already has those structures there and actually will be repurposing those structures to a much higher and better use. I think really this will serve the community to a to a very good extent. Also, received a letter from another surrounding property owners Mr. & Mrs. Hirada and I believe they are here to speak so I don't EXHIBIT A want to get into that too much. But again, I see the primary potential issue is being that roadway that is outside of our control. That based on the amount of traffic that we have won't be much of an increase and again I will do whatever I can to help DPW or inspire DPW to fix that little section. With that I'm happy to answer any questions. RAFFIPIY: Thank you Mr. Kern's. Any questions from the Commission? REPLOGLE: Yes, I have a question. Is this road situation going to be acceptable for the Fire Department or ambulances that kind of thing? KERN: Yes, there are many residences and actually some subdivisions beyond this point that gets service by that and its basically business as usual right through this little area. It does narrow little bit and you got to slow down. I've driven this many of times but as far as you know you can drive a lowrider car thru there it will be really slowly. But, Fire, ambulance is no problem at all. REPLOGLE: Okay, thank you. RAFFIPIY: Any other questions? Mr. Kern's did you receive the Planning Director's background and recommendation reports? KERN: Yes. RAFFIPIY: Do you agree with the Director's recommendation and its conditions of approval? KERN: We do, with the caveat of the understanding that we put on to the record. Yes. RAFFIPIY: Thank you very much. Any questions? AGUINALDO: No. RAFFIPIY: No questions. I need a motion for action. HALL: No. KERN: Testimony. RAFFIPIY: Testimony, sorry. I'm on a roll. Laughing. We have one. We have one testifier signed up for this. I have Dwight Vicente. Mr. Vicente do you need to be sworn in. HALL: No. RAFFIPIY: No. Alright. Mr. Vicente, please introduce yourself and please speak with the microphone and you have 3 minutes for testimony, Sir. EXHIBIT A VICENTE: Can I go a George Foreman? So, I can breathe. Take off the mask. Chuckle. ROY: Inaudible. VICENTE: No need that because I'm not sick. ROY: Inaudible, you not sick. VICENTE: I'm not carrying anything that I know of. ROY: I know, but are you a doctor? VICENTE: No, but I'm a non-sick person right now. Giggle. We all got our distance. RAFFIPIY: Mr. Vicente, I think that is a lot better. If you can take that off and put that on you can stick the microphone inside here. Underneath here. VICENTE: That's okay. RAFFIPIY: It's a lot better. VICENTE: Okay. My name s Dwight Vicente. I'm representing the Hawaiian Kingdom. What you call the land in question was leased out to Waiakea Mill. The lease was to end under King Kalakaua's 25-year lease contract. The term lease contract was to end in 1915. So,these lands technically were not ceded in 1898. I'm sure you guys heard about the term "roads in limbo". Well, if the "roads in limbo", the land is in limbo. The same principle under the "roads in limbo" applies to the land and the State is uses separate power over these agricultural lease lands by the State Land Use Commission. You get the State Historical Preservation and the Burial Council, and this Commission uses certain powers over those lease land. So, the Banana Republic technically had no jurisdiction over the leased lands and the land that wasn't leased. So, in 1898 the Banana Republic could not have ceded 1,750,000 acres of Crown and Government lands to the United States. They had no authority. In fact, the treaty they are relying on is the Reciprocity Treaty of 1875. King Kalakaua and the U.S. President did not do the treaty. They had the Three Stooges doing it in Washington DC. They got Fisch, Carter and Allen. Three U.S. citizens that not authorized to do an Article II, Section 2 treaty. From 1875 till today they rely on the 1875 Reciprocity Non-Treaty. That's why we are here today. But,think about it now if the "roads in limbo", the lands is in limbo. It's really ridiculous the same principle under the "roads in limbo"that goes to the lands. And the County Charter is false because they are claiming the whole island is the County of Hawaii which you cannot have the "roads in limbo"then. So,there is something wrong with the County Charter if we got"roads in limbo". You should really think about it. You got your attorney here to advise you guys. So, these lands here, are leased lands. They got native tender rights and political rights based on EXHIBIT A the 1848 Mahele. So, native tenants still got rights to the land and they got political rights. That's how the Kingdom raise revenue. Until the Queen had signed the Lottery Bill in January 13, 1893. That was the means to get rid of the Americans here with the right to vote by taxation. Under 1887 Constitution they forced upon King Kalakaua and the vote is still the same today you need to be U.S. citizen. Yet this is not the United States, United States only got 13 of them. Article I, Section 2, Clause 3 and Article 4, Section 3, Clause 1 and 2 does not apply beyond the Ohio River Valley. Yet they went global Japan is under them, Germany, Middle East. They had even taken it up to the moon and Mars under that principle. That's ridiculous because Downes versus Bidwell the court cannot give the United States Government anymore authority than the Constitution does. So, Downes versus Bidwell is a no ruling from the court. So, we that and the reservation of the rights of this Kingdom under the Queen's protest of January 17, 1893 against U.S. Minister Stevens. It is yet to make its way to the U.S. Supreme Court. Article 3, Section 2, Clause 2 original but limited jurisdiction. The other one is the joint resolution of 1898 unconstitutional. The 1875 Reciprocity Treaty unconstitutional it's another Article 2, Section 2 treaty. And going all the way back to 1820, President Monroe had no authority to appoint John C. Jones as the agent for the U.S. and sent over the missionary families and the U.S. Navy to this Kingdom. Thank you. RAFFIPIY: Thank you very much Mr. Vicente. Any questions from the Commission for Mr. Vicente? REPLOGLE: It's not a question, I just wanted to say it's nice to see you Dwight. VICENTE: You guys too. Haven't seen you guys in a while. .Laughing. RAFFIPIY: Thank you very much. Appreciate it Mr. Vicente. Alright, at this time I need a motion for action. HALL: Motion to close public testimony? RAFFIPIY: Oh, motion to close public testimony. REPLOGLE: I move that we close public testimony. AGUINALDO: I second. RAFFIPIY: It's been moved and seconded that we close the public testimony. All those in favor, say, "aye" COMMISSIONERS: Aye. RAFFIPIY: So, unanimous. Alright, thank you very much. Now discussion. HALL: Motion for action. EXHIBIT A RAFFIPIY: Motion for REPLOGLE: Motion for what? HALL: No, motion for action first then, discussion. RAFFIPIY: I need a motion for action. REPLOGLE: I moved that the application for Special Permit Docket No. 20-000214 be approved based on the Planning Director's recommendation which shall be adopted. AGUINALDO: I second. RAFFIPIY: It's been moved and seconded that we approve the application and those are in favor say "aye". AGUINALDO: Aye HALL: No, roll call. RAFFIPIY: Roll call. Go ahead and take the roll call Alex. Thank you. ROY: Commissioner Replogle? REPLOGLE: Aye. ROY: Commissioner Aguinaldo? AGUINALDO: Aye. ROY: Commissioner Clarkson? CLARKSON: Aye. ROY: Chair Raffipiy? RAFFIPIY: Aye. ROY: We note that Dean Au in not here. Passes 4-0. KERN: Thank you all very much. Appreciate it. RAFFIPIY: Thank you very much. EXHIBIT A The discussion ended at 9:31 a.m. Respectfully submitted, Melissa Dacayanan-Salvador, Temporarily Assigned Secretary Windward Planning Commission EXHIBIT A