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HomeMy WebLinkAbout2020-07-02 Exh B Dr. Brian Sugai (Amend REZ 09-101) WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT JULY 2, 2020 A regularly advertised hearing on the application of DR. BRIAN SUGAI (AMEND REZ 09-000101) was called to order at 9:33 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: DR. BRIAN SUGAI (AMEND REZ 09-000101) Application for a six (6)-year time extension to Condition D (Time to Complete Construction) of Ordinance No. 10 019, which reclassified approximately one (1) acre of land from an Agricultural 1-acre (A-la) to Neighborhood Commercial-20,000 square feet(CN-20) zoning district. The subject property is located adjacent to the Alenaio drainage channel on the east side of Komohana Street approximately 700 feet south of the Komohana Street-Ponahawai Street intersection, Ponahawai, South Hilo, Hawaii, TMK: (3) 2-3-037:019. RAFFIPIY: Alright, let's go to the next one on the agenda. The next one on the agenda is Dr. Brian Sugai, Amend REZ 09-000101. Application for a six (6)-year time extension to Condition D (To Complete Construction) of Ordinance No. 10 019 which reclassified approximately one (1) acre of land from an Agricultural 1-acre (A-la) to Neighborhood Commercial-20,000 square feet(CN-20) zoning district. The subject property is located adjacent to the Alenaio drainage channel on the east side of Komohana Street approximately 700 feet south of the Komohana Street-Ponahawai Street intersection, Ponahawai, South Hilo, Hawaii, TMK: (3) 2-3-037:019. With that will have Christian go through the presentation. Please. KAY: Thank you Mr. Chair and welcome guys and I also look better with the mask on but, for clarity of voice here I am just going to use this. As the Chair said, this is an amendment to Change of Zone Ordinance No. 10 019. The subject property outlined here in black is located in the South Hilo District of Hawaii Island. For reference we've got Komohana Street running here generally north, south thru the EXHIBIT B slide with Ponahawai Street running generally east, west and the Alenaio drainage canal here on the south side of the property. The applicant is requesting a six (6) year time extension to Condition D (Time to Complete Construction) of Change of Zone Ordinance No. 10 019 which reclassified approximately one (1) acre of land from an Agricultural 1-acre zoning designation to Neighborhood Commercial-20,000 square feet zoning district. The applicant initially planned to construct a 20,000 square foot two (2) story-building to contain his medical office and other offices for rent or lease on the ground floor and a residential unit on the second floor to be used by the applicant. The original plan also set aside an area on the property for an additional 20,000 square foot building. However, due to cost considerations the applicant decided to reduce the size of the development and is now proposing a 8,900 square foot two (2) story office building including one (1)residential unit and a thirty-six (36) stall parking lot with two (2) of which will be ADA accessible. Final Plan Approval and Building Permit were issued in 2011 however, based on cost considerations and the economy just coming out of a recession construction was delayed and plans were abandoned. The applicant submitted a revised building plans in 2013 but due to a misunderstanding with the Department of Public Works (DPW) a building permit was never issued. In 2014, DPW issued a site work grading permit and some site work subsequently occurred. However, misunderstanding between the applicant and then contractor resulted in lengthy litigation between the parties and construction was suspended during that time. With the litigation resolved a new grading permit was issued in 2019 and site work recommenced. Upon receipt of this time extension approval a new Plan Approval can be obtained. A new building permit can be finalized, and the applicant intends to complete the project within twenty-four (24) months. The County zoning for the subject parcel again here outlined in black is Neighborhood Commercial-20,000 square feet as indicated in the pink color. Again, for reference Komohana Street is running here north south thru the slide. Surrounding zoning is a mixture of Residential, here RS-7.5, to the south of the project area Agricultural 1-acre, to the east of the project area and across Komohana Street here is Project District. This is the Wailani Project District area. The State Land Use designation for the subject property and surrounding area is Urban. The General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the subject property and surrounding area as Medium Density Urban. Here is two aerial photographs of the subject property. The upper left is just a zoomed-out version to show the surrounding land uses. Again, Komohana Street is running generally north south thru the slide. You got the residential subdivision here to the south. The Wailani Project District area across Komohana Street and the lower right is a aerial photo zoomed in of the site area. This is an older photograph off of Google Earth showing vegetation. As you'll see in the next set of photographs. The following set of photographs all of the vegetation been cleared and there has been site work done as well as site grading work done. Here's the applicant submitted site plan. Again, Komohana Street running on the left side of the slide here with access coming off Komohana Street and the proposed office building here EXHIBIT B towards the back side of the property and with parking in front. Also, kind of a set aside future building site. That just showing generally where it would be but, it is not being considered under the scope of this amendment at this time. Here's a view of the property from across Komohana Street,took this yesterday. So, as you can see much of the vegetation if not all has been cleared and some significant site work has been done in anticipation of construction. Here's some views of the roadway, on the upper left is Komohana Street looking north and with the subject property on the right-hand side and lower right is Komohana Street looking south with the subject property on the left-hand side. Since we sent out the Background and Recommendation reports there have been several agency comments that have come in. Nothing really of much no, except for one that recently came in from DLNR-DOFAW. Which spoke about the indigenous species in the area. Much of it had to do with mitigation for those species relative to if clearing was going to take place on trees. But as the site is pretty well cleared at this point much of it does not apply. So, we didn't decide to add a separate condition as we have a catch all condition. The applicant will comply with all Federal, State and County requirements. You should have also received some responses from the applicant to agency comments as well as an email from a neighbor, Pat Engelhard, and the applicant's response and all of that came in since the background and recommendation was sent out. One more thing I wanted to reference, and this is just kind of a housekeeping on a condition that I noticed just this morning. Under Condition B we added a new condition relative to water commitment and it reads a water commitment deposit shall be paid to the Department of Water Supply within 180 days from the effective date of this ordinance. To make it consistent with other conditions in the other recommended conditions I'd like to recommend adding just amended prior to the word ordinance. With all of that, the Director is recommending forwarding a favorable recommendation to the County Council for the amendments to rezone Ordinance No. 10019. With that, I'm happy to answer any questions that the Commission may have. RAFFIPIY: Thank you very much Christian. Any questions for the staff from the Commission? Go ahead Mr. Replogle. REPLOGLE: I noticed in the one letter from a citizen. She mentioned a turning pocket. Has that been considered and she points out that the generally the flow is good. But, during school and go to work or pau Kana time, pau school it could get and a turning pocket or keeping the flow good I think keeps the community happy. KAY: Yes and REPLOGLE: Avoids frustration if you get my drift. KAY: —sure. In Mr. Fuke's response to the email he indicated that there is already a condition in place that speaks to that. So, Condition G already speaks to that. So that is already covered. EXHIBIT B REPLOGLE: Thank you. KAY: You're welcome. REPLOGLE: Thank you. CLARKSON: Yes, I just want a point of clarification. Could you show the zoning slide again, please? So, I know the maps in the background report are old but, they show the property that is designated as CN-20 as AG-la. I guess there's been a change in zoning for that adjacent or almost adjacent parcel in the last few years. KAY: Yes, there must have been since this rezone ordinance was granted. I am not exactly sure what the number would be but that would be the case. CLARKSON: And, I just want to check too if you could show the aerial. I guess that that parcel is vacant. The one that is zoned Commercial KAY: Generally, in this area. CLARKSON: —yeah KAY: Um', yeah CLARKSON: It's got a little structure on it, I guess. KAY: Yeah, that could be a shipping container even. I was out there yesterday; I didn't pay attention unfortunately to that side. Maybe the applicant can speak to that. CLARKSON: I'm just curious as it looks like that whole stretch of Komohana been rezoned to Commercial but, as yet nothing Commercial been happening there. KAY: Yes, it's possible they are still waiting to build within the time frames that are set aside in the ordinance. CLARKSON: Thank you. RAFFIPIY: Any other questions? Alright,thank you very much. KAY: Thank you. RAFFIPIY: This time we are going to have the Applicant and Representative. Can you please, raise your right hand, please? Do you swear or affirm to tell the truth on this matter now before the Planning Commission? APPLICANT & REPRESENTATIVE: I do, yes. EXHIBIT B RAFFIPIY: Thank you Go ahead and make your presentation Mr. Fuke. FUKE: Thank you very much Mr. Chairman and members of the Commission. For the record, my name is Sidney Fuke. I am a Planning Consultant. I'm assisting the Applicant who is seated to my right, Dr. Brian Sugai on his requested time extension. HALL: He might need a AGUINALDO: Sid, try come more close. Try come more close. FUKE: Okay, can you hear me now? AGUINALDO: Yeah, you go it. FUKE: Okay. So. AGUINALDO: Yeah. RAFFIPIY: See if we can turn up the microphone. FUKE: Testing, testing. Testing. RAFFIPIY: That's much better. FUKE: Okay, anyway,just to restate for the record my name is Sidney Fuke. I'm a Planning Consultant. I'm assisting the Applicant with his rezoning time extension request and Dr, Brian Sugai who is the Applicant is seated to my right. My business office is right across the street at 100 Pauahi Street here in Hilo. We've had a chance to review and discuss the staff's proposed findings and favorable recommendation and with the editorial change about the amended ordinance that Christian just kind of noted. I think that's appropriate. I'll like to generally indicate some of the history behind this project. The rezoning was approved in 2010, the year 2010 and shortly thereafter Dr. Sugai had aggressively completed the plans, secure Plan Approval, did the required plans for a building permit, submitted it, and got the building permit approved. The building permit did reflect the conditions of the rezoning approval which you know as Commissioner Replogle just kind of noted about the access restrictions. So,the access restriction clearly shows like only a right turn in and right turn out and that is a condition of the zone change. So, there is no left turn movement. So, what Ms. Engelhard was raising about the potential traffic complaint would be minimized. It also reflects the construction drawings also reflected curbs, gutters and sidewalks fronting the particular area. So, they were all approved but, in the meantime, you know there were some dispute between the Applicant and the then contractor and a long litigation process. In the meantime, the financing fell apart so on and so forth. Well, that litigation recently was resolved and as the staff had EXHIBIT B indicated finally revised plans were submitted to the County Building Department for processing. In the meantime, a separate the grading permit was also submitted and completed. As was indicated by the staff the site right now has been entirely denuded, It's been cleared. The site is ready for the vertical to be constructed. I was just informed by Dr. Sugai this morning that the building permit actually has been issued. I asked him further what's the status of the financing. He essentially said the financing is there, the bank is just waiting for the outcome of these time extension requests. So, upon favorable consideration by this Commission and ultimately the County Council then the financing is there. So, along those lines in my discussion with the staff. The original request called for like you know five (5) year construction window. If you can't do it then ask for an administrative time extension and when the staff and I had a discussion and further with myself with the Applicant. Is six (6) years more than sufficient and given where he is right now borrowing what happens with Covid and all that stuff. The building should be up within the next couple years. So, having said that you know we only can ask for your favorable consideration for the time extension request. RAFFIPIY: Thank you very much. Any questions for Mr. Fuke from the Commission? Dr. Sugai you need to make any presentation? SUGAL No. RAFFIPIY: Okay, thank you, Thank you very much. At this time, we have, um' wait. Did you receive the Planning Director's background and recommendation report on this? FUKE: Yes, we did and as I indicated in the beginning, I had a chance to review it with the Applicant and found them totally acceptable and also as amended by the staff this morning. RAFFIPIY: Right, right. Thank you. Thank you very much appreciate it. At this time, we have one public testimony, Mr. Dwight Vicente. Mr. Dwight Vicente, he is not sworn. So,please you have three minutes to do your presentation. Your testimony. VICENTE: Good morning again, my name is Dwight Vicente representing the Hawaiian Kingdom. The lands in question is the Crown lands. It was leased out as Agricultural lands under King Kalakaua for 25 years. That would bring it up to 1915. The Applicant is a Japanese National as far as the history shows the treaty between the Emperor of Japan and King Kalakaua ended in 1897. So, there's no valid treaty with this Kingdom and Japan at the present time. And the other parties Japan after World War II became an unincorporated territory of the U.S. The U.S. is illegally occupying Japan. They even got a Constitution written by General McArthur, that's illegal. So, whatever treaty they have today they got a Banana Government that does a treaty under right now Prime Minister Abe. So, that's all illegal. The history of the Japanese like with the other plantation workers they came over as contract slaves. The problem was that the contract was EXHIBIT B signed back in their country. Whatever their respective countries were. But the Kingdom enforced the contract which is kind of strange. The Kingdom had no jurisdiction over those contracts. Being that the contracts was signed in their country. So, there is a lot of historical defects or errors that gotta be corrected. So, going back to the lands, its Crown lands it is under the Office of the Crown it was leased out as Agriculture lands and the contract has ended. So, there should be no activity going on. Especially, for development when it was only leased out for Agriculture. No people living on it, no commercial activity. So, it's something to think about, remember "roads in limbo". These are not the ceded lands; the ceded lands are the 1,750,000 acres of Crown and government lands that had no contract on them. That's why they were illegally given away by the Banana Republic and the U.S. Congress could not have accepted that through a joint resolution. Which goes back to the 1875 Reciprocity Treaty. Which was no treaty because it's not Article II, Section 2 treaty. So, with this all reserve the rights of its Kingdom under the Queen's protest of January 17, 1893 against the criminal acts of US Minister Stevens. Most people don't realize he bombed this island and couple other islands when he came over on the navy ship. Inaudible-- scared the natives. That was criminal. So, if they said there was no shots fired, there were shots fired it wasn't in Oahu, it was on these islands. The other one is the 1898 Joint Resolution which is unconstitutional. The 1875 Reciprocity Treaty was no treaty and going 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 family and the US Navy. Here, you go back to Marbury vs. Madison. Thank you. RAFFIPIY: Thank you Mr. Vicente. Any questions from the Commission? Alright, thank you, I need a motion to close public testimony. REPLOGLE: I move that we close testimony. AGUINALDO: I second. RAFFIPIY: It's been moved and seconded that we close public testimony at this time. All in favor, say, aye". COMMISSIONERS: Aye. RAFFIPIY: Any oppose? No, oppose. Thank you. I need a motion for action at this time. REPLOGLE: I move that a favorable recommendation be forward to the County Council on the application of Change of Zone Ordinance No. 10 019 based on the Planning Director's recommendation which shall be adopted. AGUINALDO: I second. EXHIBIT B RAFFIPIY: It's been moved and seconded that a favorable recommendation be forwarded to County Council on the application that amends Change of Zone Ordinance No. 10 019 based on the Planning Director's recommendation that shall be adopted. At this time, any discussion? No discussion, can you please take the roll of vote, please. KAY: Yes, thank you Mr. Chair. Commissioner Replogle? REPLOGLE: Aye. KAY: Commissioner Aguinaldo? AGUINALDO: Aye. KAY: Commissioner Clarkson? CLARKSON: Aye. KAY: And Chair Raffipiy? RAFFIPIY: Aye. KAY: Thank you Mr. Chair, motion carries 4-0. RAFFIPIY: Thank you. You'll be notified in writing. FUKE: Thank you very much, Sir. RAFFIPIY: Thank you. The discussion ended at 9:55 a.m. Respectfully submitted, Melissa Dacayanan-Salvador, Temporarily Assigned Secretary Windward Planning Commission EXHIBIT B