Loading...
HomeMy WebLinkAbout2020-07-02 Exh D Dierdre and Benjamin Imagire SPP 19-000212 WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT JULY 2, 2020 A regularly advertised hearing on the application of DIERDRE AND BENJAMIN IMAGIRE (SPP 19-000212) was called to order at 10:40 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. APPLICANT: DIERDRE AND BENJAMIN IMAGIRE (SPP 19-000212) Continued hearing on the application for a Special Permit to allow the development and operation of a chiropractic, acupuncture and massage clinic and related improvements on an approximately one-acre portion of a two-acre property situated in the State Land Use Agricultural District. The subject property is located off`Ilima Street, approximately 0.2 miles northwest(mauka) of Ainaloa Boulevard, between 35th and 36th Avenue, Orchidland Estates, Kea`au, Puna, Hawaii, TMK: (3) 1-6-009:017 (por). RAFFIPIY: The next item on the agenda is unfinished business carry over from last the meeting. Dierdre and Benjamin Imagire continued hearing on the application for a Special Permit to allow the development and operation of a chiropractic, acupuncture and massage clinic and related improvements on an approximately one-acre portion of a two-acre property situated in the State Land Use Agricultural District. The subject property is located off`Ilima Street, approximately 0.2 miles northwest that is (mauka) of Ainaloa Boulevard, between 35th and 36th Avenue, Orchidland Estates, Kea`au, Puna, Hawaii, TMK: (3) 1-6-009:017. At this time, we will have our staff make the presentation. ANDREWS: Thank you. Yes, this is the Special Permit application for Dierdre and Benjamin Imagire and the first slide up here. So, this is the, you know what I need to take a break to grab my glasses because I just realized I can't read it. So, hold just one minute. Sorry about that. This is the location map. The application site is located in the Puna District on `Ilima Street. The subject property is outlined in red. The applicants are requesting a Special Permit to establish a chiropractic, acupuncture and massage clinic. To construct two (2) dwellings on the EXHIBIT D 1 subject parcel, one for commercial operations of the clinic and the other to be used as a dwelling. Additionally, to construct a detached 150 square foot structure to be used as a massage treatment room. I'll go kind of quickly because you guys have seen these slides, and these did not change. The zoning map, this is the State Land Use Boundary Map all Agricultural, the LUPAG map shows that its Rural. The applicant's proposed site plan. Just to refresh your memory the proposed clinic is in front of the property and the new dwelling is towards the back of the property. The proposed floor plans, the proposed clinic on the left and the proposed dwelling on the right. The aerial photograph shown here with `Ilima Street towards the bottom right of the slide. The site photographs showing the subject property from `Ilima Street looking mauka on `Ilima Street on the left and looking makai on the right. The Planning Director's recommendation is approval with conditions and there's an additional slide here. The Planning Director recommended series of conditions that are included in your recommendation and then the applicant submitted some proposed amendments to the proposed recommendation with conditions. So, in response to the proposed amendment from amendments from the applicant, the Planning Director arrived at the following revised conditions of approval. Which is the yellow sheet that you have. I am just going to summarize them up here, so everybody is aware. So, the changes are Condition No. 2,jump down to about prior to and we crossed out construction and inserted applying for a change of use building permit for the chiropractic, acupuncture and massage clinic, the applicant(s), successors(s) or assign(s) shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2 crossed out Section 70 and inserted 71(b), Chapter 25 (Zoning Code), Hawaii County Code. This was done to tie the condition to the change of use building permit rather than to the residential building permit. That section specifically refers to a change of use as it pertains to final Plan Approval. Also, Condition No. 9 was a drainage study shall be prepared by professional civil engineer. Sorry it's missing an "a"there, a professional civil engineer licensed in the State of Hawaii and submitted to the Department of Public Works prior to issuance of a crossed out construction and inserted change of use building permit for the chiropractic, acupuncture and massage clinic. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to the receipt of a Certificate of Occupancy. That again, is similar to Condition No. 2 just tying the trigger points to the change of use building permit. For the drainage study, rather than the residential construction permit. In Condition No. 11 was just removed entirely because that was actually redundant to Condition No. 2 it had addressed Plan Approval. So, we condensed the requirement for Plan Approval to just be in Condition 2 and is all addressed in Condition 2. Then, in Condition No. 12 was added as a standard condition we inadvertently omitted that in the first round of conditions and that just adds an opportunity for an administrative time extension. Which is a standard condition. That completes my presentation and I can address any questions from the Commissioners. RAFFIPIY: Any questions from the Commission? EXHIBIT D 2 AGUINALDO: No. RAFFIPIY: Will the Applicant, can you please raise your right hand. You're already sworn in, so I just need to have her sworn in please. Do you swear or affirm to tell the truth on this matter now before the Planning Commission? D. IMAGIRE: Yes. RAFFIPIY: Thank you very much. At this time D. IMAGIRE: You want me to say yes again? RAFFIPIY: —Yes, please. D. IMAGIRE: Yes, sorry the mask giggle. RAFFIPIY: For the record, thank you. As you can see it's kind of a little bit challenging so when it is time for you to speak, kind of pick up your microphone if you must,put it closer to you and speak loudly into that. Please, go ahead and make your presentation. KERN: Good morning again, thank you, the mikes got a little bit more action now, awesome. I would it mind if staff could put the site plan back on the map that will be very helpful as we move along. Just want to say thank you to the Planning Commission, Planning Department for the adjusted recommendation as well as the conditions, as well as doing some of that housekeeping for those conditions. I am here with the Applicant, Ms. Imigire as well as her husband Dr. Benjamin outside the door there and their youngster running around. They couldn't bring in the heavy guns though as it's limited to only two (2)people. So, I'm here. Overall, the conditions are relatively good, we want to talk about a few of them but, before we do that, I'll let Ms. Imigire address the Commission and then we can get into more of the details. D. IMAGIRE: Sure, I'll like to start by expressing our gratitude for your support in having us get to this point. Where we are working out the details, I really appreciate that. I know that we share the same goal as making this business as low impact to surrounding residents as possible. As I mentioned last time, we met the plan was as you can see under one (1)U-shape driveway and one (1)private driveway that goes all the way to the end. At that time, we made the site plan and we were under the impression it would be required by the Fire Department for a 20-feet wide so that their truck can go in and make a nice turn. As much as we were making this business hidden from the surrounding residents, we also would like some privacy for our personal house from the business area. Which is why that driveway on the side is separate. The fence is actually goes in there and kind of around the corner. So, that driveway is kind of tucked away to the side. Not really meant to be visible and we also have left a berm of vegetation between the business area and the front corner and the driveway. So, we would really like to keep that separate driveway for our personal use. EXHIBIT D 3 I understand that you may have different opinions as to what looks residential and I just want to bring up couple points for our consideration,please. We did a survey of a driveways on the block that we live in Hawaiian Paradise Park. We currently live on 27h , between Kaloli and Paradise and we drove up and down and we cannot approximately pen that has two (2) driveways. I hope they're not be in trouble with you now. We also looked on `Ilima. of course, the new neighborhood is also important to consider what is existing there now. There far fewer properties along that new street and because they are wider. But we did see relatively close by at least one another one that also had two (2) driveways. So, my feeling is that it's not out of the ordinary to have multiple driveways in residential neighborhood based on where we currently live and our new home over here. So, we are hoping that we can, we can leave the gates are there. There is two (2) nice big gates on the front of that U. We are hoping we can leave them there because the Fire Department when we do the change of use, they may ask us to have that. We would very much like if you would let us keep that private driveway as I said so. That's all I have for right now. Thank you. RAFFIPIY: Thank you. Do you have any questions from the Commission to the Applicant? No questions? CLARKSON: So, yeah, I have a question. RAFFIPIY: Go ahead. CLARKSON: So, I take it you are not willing to accept the conditions as presented by the Director? As recommended by the Director. D. IMAGIRE: We would like to have a discussion about it. KERN: I have a couple proposed amendments if I could pass those out. Thank you. YEE: Michael Yee, Planning Director. Just as a reminder my original recommendation was unfavorable after the discussion last month. Based on the conversations that we heard how some of these conditions ended up being put in here. So, I'm trying to reflect what I thought I heard in the conversation last month. KERN: I felt that conversation helped get us to here to have a refined now few conditions that we kind of can talk about. How those would impact the project. The first one is Condition 3 so; the applicants shall construct a single driveway access. Ms. Imigire spoke about that. As you can see, this condition would basically say that they would have one (1) access for the clinic unless Fire needed it and they would be allowed one (1) access for the residence in the back. As you can see from the site plan the residence to the back would be on that side. This is quite a wide property for the area 232 feet wide and what that would do is keep the clinic area and the home in separate areas. You would not have someone going to the clinic driving up their driveway ultimately going to the home. Based on other places other residences having two (2) accesses it's definitely conforms to the area. EXHIBIT D 4 So, that would be a request. That would appear to be logical and hopefully acceptable. Was that one and then the Condition 5 relating to the signage. This was just kind of elaborated what I felt we had talked about in a little bit more detailed the last time to say no signage on `Ilima Street but they would be able to put their name and address. I think that's important because if someone is going there, they are going to see Dr. Benjamin Imagire. Their name, that's his name and they know where they are going to. Otherwise, they could be driving around, and I think that would actually cause potential more nuisance to the community not knowing where they are going. I put in there no larger than 4-inches of lettering so, it's not going to be something that's being pushed out of whack and then I thought they should be allowed a sign on the actual building itself that wouldn't be seen from `Ilima Street. That condition is clear I think that makes people feel comfortable too when they are driving into a business. Okay, feels like it so, I think that condition is quite reasonable and the other one I'll let Ms. Imagire talk about a little bit more. So, as it states now it's one (1) employee plus the Applicants. The request is to have two (2) employees plus the Applicants and the reason that this we talked about this condition. One of the things I personally try to do with working with these Special Permits is making sure they are able to be complied with and the Applicant isn't actually pushing the boundaries as soon as they leave right, one extra person comes on there now they might not be incompliance with it. So, I know there is some crossover, there's some billing stuff, and there's clerical. Ms. Imagire would you discuss that a little bit how that works. D. IMAGIRE: Sure, the last time we met we had one (1)person who's doing front desk and billing. She's having a hard time doing both of those things at the same time. So, we are actually in the process of us training someone new who would just be front desk. So, most of the time in the clinic it would just be the doctor and the front desk person. But certain days the biller would come into work and on certain days usually only once a month I come in to do monthly reconciliation and I pay our GE taxes. I like to do that from the office and so, this is just to allow us a little bit of room so that we can be compliant all times during the month and we really not planning on having four(4)people there at all times. KERN: So, that's why we wanted to add that so they would maintain you know compliance as I think that's important and I don't like setting up people up for failure or if they are going to be pushing that on the side. Again, I think the same argument or justification remains that this is for the community. They are providing a community service, this is low impact, and appointment only. As you can see, certain applications in certain areas will get extra scrutiny, testimony, opposition, and Puna is one of those places that can get that. We don't have that here obviously. I think that says a lot. I think that's really an important factor again, I hope these conditions are reasonable to the Commission and they can be logical. You guys know that I really try to work in logic and balance and be open to answer any questions and talking about that really humbly respectfully ask for your support. RAFFIPIY: Thank you very much. Any questions especially on these proposed amendments? Planning Director do you have anything to say about these proposed amendments? EXHIBIT D 5 YEE: No comment for now. RAFFIPIY: Thank you. REPLOGLE: I sort of have a question. RAFFIPIY: Go ahead Mr. Replogle. REPLOGLE: In and it goes to the driveway and I see the loop you have at the clinic. Would it be impossible to go off the corner of the as were looking at it the left-hand side where the loop is to your driveway down your border? And I admit that would mean traffic going through your parking lot but, it's your home they would be going to, and you could put a sign at the door. I know they are condemning signs but, inside your own property you could put a sign that says, "Don't Enter, Vicious Dogs". No, I'm kidding, but you could put a sign, "Private Drive, Do Not Enter" and I'm sure you would get some loopy loo but, then you'll be in compliance with the one (1) driveway. Anyway. KERN: You know, I would say well that's possible. If they didn't, if they weren't asking for this obviously it's an ask, you know it's a request. So, I don't want to say like this is your right entitlement with all of the humility that if they were just building a regular home there, they could have two (2) driveways. Just like the people down the street,just like the people up the street,just like most people in HPP,just like most of us would like usually here like the roundabout, drive in, I got deliveries. So, I don't feel that the two (2) access points is so far outside of it and to have that reasonability of connection. Especially with the lot being extra wide, you know HPP maybe being 130 feet wide that would be tighter. We do have you know 230 with the one side pushed over here, one side pushed on that side to allow for that separation . Again, we are asking that with humility and respect. REPLOGLE: I would say I agree with you but, I'm just trying to help you fit it in. KERN: Thank you. CLARKSON: I just want to point out that I was the one that moved to reject the Director's recommendation for denial. But I just want to say that I can agree with the conditions that he has put down and not agree with these proposed amendments and will vote against any motion for approval that includes them. So, that's all I have to say. I guess there is only four(4) of us so, any one of us can defeat this application approval. KERN: I will say that Commissioner Clarkson we do appreciate what you did and helped with that very much and thought these were somewhat in alignment but understand your side on that. CLARKSON: Let me, excuse me for interrupting. The whole reason for my proposals was to make this possible but, have it be as close as possible to what is already allowed with your home businesses. A lot of the conditions come from what is allowed for home businesses and I still want to stick by that intention. EXHIBIT D 6 KERN: Well, due to the simple math that I can do on these conditions, I respectfully request that this hearing be continued to the next Planning Commission meeting where there's maybe additional Planning Commissioners and we can have a little more discussion and potentially still get somewhere with these. Not implying that it will but, at least afford that opportunity. HALL: Yes, I mean it's up to you guys to grant that request. AGUINALDO: I have a comment to add, I know Number 3, Condition No. 3 shall be a single driveway access was indicated. I guess with Fire, I know Fire pretty damn well you gotta have 20 feet minimum. You cannot be less than 20 feet for going in. Like even Sid when I questioned him on a different project, he said how come you know so much. Because I've experienced that. Basically, you need to be able to fire truck, ambulance and for emergency personnel you gotta have minimum width like the gate 20 feet but the whole thing got to be able to even radius. So, I can see that double, but you know maybe the third one you know as far as for our recommendation. Just blog your driveway a little bit bigger, tie in your house driveway going in the back, put a gate you know instead of having three . It might be a little bit more you know. I know you want separation your house is far back enough but then you just tie it in. Then you don't have another third driveway where you know kind of redundant, cause you got to go in there anyway is your home. If you look at than you minimize but, as far as what our Planning Director indicated for no signage shall be posted. You know putting your name I'm not too sure if that's in violation name and address. I mean you guys technically considered as doctor but, I just think that what our Planning Director is indicating like putting your guys full blown business name on top. You know because people go by name right. People will know your physical address maintain you have your address and to be transparent is putting your folks name. But business wise whatever you guys call it I can see his reservation putting the business right there because there is a lot of consideration is being implemented because it is a good cause. We are dealing with health; we are dealing with people what you are trying to achieve is good. But I see there is a lot that has been considered so sometimes in life it's like a rubber band it's how flexible we can get right? I just feel that this is my opinion on things about your driveway. That's the only thing I see just go a little bit wider and tie it in right by the radius then boom you can go in however you can do after, Right you get a better frontage however way you want to do it then you can just tee off and go to the back. Zen, what is the difference between the private driveway and possibly that corner? KERN: Just a little separation the way they are clearing it and what not. I mean, I don't think if it was limited to two (2) in that I think that would be something that we would have to work with to eliminate the third point in its entirety. Obviously, the Applicant would have to agree with that but, I think that would be the AGUINALDO: It would give yourself some option yeah, yeah. EXHIBIT D 7 D. IMAGIRE: Yeah, it was actually something that we had considered. Originally, we had thought about that than we had thought it was better to have a separate one not thinking that you guys would maybe say no. We weren't trying to upset you; we had no idea. We were just thinking what works nice for our family and for our business and what looks good there. There is actually that berm of vegetation, there's actually like some lava rocks too. So, the driveway is carved out of the lava rock and over there. So, it's going to be hard, we cannot put the lava rock back, kind of hard to erase that driveway. But we can put some vegetation there or something and then AGUINALDO: Landscape? D. IMAGIRE: —make another one. We would have to have our KERN: We're going to lands D. IMAGIRE: —guy come in with a big excavator again. AGUINALDO: Yeah. KERN: It's going to be landscaped anyway. So, yeah. So. AGUINALDO: I just think after the fact. KERN: On the note of the signage I guess it would be implied that a regular residential name and address would be allowed. How about the standpoint of the sign on the actual building itself, that wouldn't be seen from `Ilima. AGUINALDO: I think that would be under your folk's discretion because it's not facing any County or State public highways in relation to that. It's just my feeling, all depends on what our Planning Director comments on that. I can see if your facing any County, or State or public highway then you have guidelines to follow. It's on a private residence but not facing the private road maybe, I dunno, you know. CLARKSON: My understanding was at the last hearing and also included in these conditions. Customers or clients would be coming by appointment only. KERN: That's correct. CLARKSON: Okay. Presumably when they make the appointment, they could be brief on how to find the property. KERN: I agree with that in principle and if I was a new client I called, I got an appointment, I'm coming in, I going down the road okay there's Dr. Imigire's, I think I got it, I pulled in there and I see a building. I would personally feel a little more comfortable if I saw you know Back to Basic's Chiropractic on there. Just as I pull up and again it wouldn't be seen from anywhere. EXHIBIT D 8 It could even be limited on size, it would just. I would feel a little bit more a level of professionalism on that level. Again, not a huge sign, no one would see it, you'll see it when you park. REPLOGLE: Kind of a"X" marks the spot. KERN: That's all. RAFFIPIY: Commission, I like to propose that we have a I'll like to have motion that we go into Executive Session to discuss this. That's your motion. I need a second. REPLOGLE: I'll make a motion that we go into Executive Session briefly. AGUINALDO: Second. RAFFIPIY: Alright we have a motion, second that we go into Executive Session. All those in favor say "aye" COMMISSION: Aye. RAFFIPIY: Oppose? CLARKSON: No. RAFFIPIY: Alright, we cannot we got to continue, cause we don't have a CLARKSON: So, the Applicant has requested a continuance? HALL: Yes, they suggest that. CLARKSON: I'm okay with that. HALL: They want to request a continuance. CLARKSON: Do we need a motion? RAFFIPIY: We need a motion. HALL: To accept it, yeah. CLARKSON: So, I move that the hearing be continued to the next meeting. REPLOGLE: Second. RAFFIPIY: It's been moved and seconded that we continue this item and agenized to the next meeting. All those in favor say "aye". EXHIBIT D 9 COMMISSIONERS: Aye. RAFFIPIY: Oppose? Its unanimous this agenda item will be agenized to the next Commission meeting. Any other questions. Thank you very much. KERN: Thank you all very much, really appreciate it. RAFFIPIY: Thank you. The discussion ended at 11:10 a.m. Respectfully submitted, Melissa Dacayanan-Salvador, Temporarily Assigned Secretary Windward Planning Commission EXHIBIT D 10