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HomeMy WebLinkAbout2020-08-12 Exh A Deirdree and BenjaminImagire SPP 19-212 WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT August 12, 2020 A regularly advertised continued hearing on the application of DEIRDRE AND BENJAMIN IMAGIRE (SPP 19-000212) was called to order at 9:06 a.m. via live stream meeting with Chairman Thomas Raffipiy presiding. VIRTUAL ATTENDANCE(COMMISSIONERS): Gilbert Aguinaldo, Dean Au, Joseph Clarkson, Thomas Raffipiy, John Replogle. VIRTUAL ATTENDANCE(STAFF): Diana Mellon-Lacy (Deputy Corporation Counsel for the Windward Planning Commission), Michael Yee (Planning Director), John Mukai (Deputy Corporation Counsel for the Planning Director); Jeff Darrow (Planning Program Manager), Jessica Andrews (Planner), Rachelle Ley (Department Secretary), Dakota"Cody" Frenz (Deputy Corporation Litigation Counsel for the County of Hawai`i). and Melissa Dacayanan- Salvador (Temporarily Assigned Commission Secretary. And 8 members from the public live streaming the meeting . APPLICANT: DEIRDRE 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). Secretary's Note: "—"means that there were technical and/or internet difficulties which made the conversation inaudible. RAFFIPIY: Let's proceed with the first item on today's agenda. The Applicant is Deirdre 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. Now, staff will do the presentation. Will that be you, Jessica? ANDREWS: Yes. RAFFIPIY: Jessica please proceed. EXHIBIT A 1 ANDREWS: Okay, thank you Chair Raffipiy. So, I'm going to share my screen, so it'll just take a minute to do that. Question for the Chair and the Commissioners, would you benefit from seeing this presentation again we actually reviewed the presentation at the last hearing. Although, all of the Commissioners did not see it. RAFFIPIY: I'm okay with a brief presentation but I know that Dean was not there at the last meeting. Dean, I'll refer that question to you. AU: Can you guys hear me okay? ANDREWS: Yes. AU: I'm fine. I remember the last presentation, Jessica you were very thorough, so I do remember it and I've reviewed all the documents that I got ANDREWS: Okay. REPLOGLE: I'm fine without it also. ANDREWS: Great. So, maybe I'll just jump to the last slides simply just to refresh what the amended conditions were and so, I'll do that. Sorry, I'm going to breeze right thru here. So, once again it's our Planning Director's recommendation is approval with conditions for this application. There were amendments to the following conditions. Condition No. 2 was regarding construction timing. Basically, the construction of the proposed second dwelling and change of occupancy for the first dwelling shall be completed within five (5) years. From the completion of the first dwelling and prior to applying for a change of use building permit for the chiropractic, acupuncture, and massage clinic that they shall secure Final Plan Approval. Condition No. 9 was regarding a drainage study at the time of the change of use building permit and we removed Conditions No. 11 and 12. Those were only the amendments that the Planning Director recommended. In addition, all of the Commissioners should have received by now the proposed conditions from the Applicant and I'll let the Applicant address those when they speak. Are there any questions from the Commissioners? RAFFIPIY: Thank you very much Jessica. Are there any questions? At this time, I'll liked to invite the Applicant or representatives be sworn in. We have the Applicant and we have Zendo. Okay, please raise your right hand. Do you swear or affirm to tell the truth on this matter now before the Windward Planning Commission? KERN: Yes. D. IMAGIRE: Yes. RAFFIPIY: Okay, go ahead please state your name and where you reside and go ahead and proceed with your presentation. EXHIBIT A 2 KERN: Good morning Mr. Chair, Zendo Kern, Planning Consultant. I reside on the Big Island and I'm here representing the Imagire's and we got Deirdre Imagire here as well. Is it okay if I get started? RAFFIPIY: Nodded yes. KERN: Wonderful. Good morning Mr. Chair and the members of the Planning Commission, Director Yee and all the awesome staff of the Planning Department. Morning, everybody. By myself here today somewhat perplexed in a couple of ways. I know in the first meeting that we had it was the first time we did the WebEx hosting in this format and obviously there is a bit of confusion. Just trying to understand how this was all going down and really myself as well as the Applicants are extremely grateful for the Planning Commissioners, Mr. Clarkson trying to support this project and kind of thinking that we had it squared away. The more I thought about it realized like how it came off possibly at the last meeting as well of that confusion, we thought we had this squared away and we're coming in asking for some things and I think there is just a little bit of confusion. So, what I want to make sure of by no means was that an any type of disrespect at all. We are actually just here very grateful, hand in hand. Obviously, have a couple of adjustments that we would like but at the end of the day we really want to see them be able to operate their business. You know that is the core of it at the end of the day. Don't want again to come off disrespectful in any of those ways and if we can work it out on those couple adjustments in some way, great. If we can't, then I think you know we just need to accept it and move forward with what we can get and again very honored and very grateful for that. I can talk a little bit about those two elements. So, the whole signage thing not even going to bring that up again. It is what it is,just leave it alone that's fine. I think one that would be is Condition 7. Oh, I guess real quick, I guess since Commissioner Au was not here at the last one. At the last hearing we proposed couple amendments to few of the conditions. Regarding driveways, signage, and the employee situation. Kind of, I dunno a bit mixed to say the least. We kind of punted and I gotta say this. Here we are today and to see we are the only ones on the agenda I want to apologize for that I really want to wrap this up. Kinda, you're like oh gosh really, we are those folks but, here we are trying to work that out. So, that's how it went last time. So, we did continue it. Condition 7, what we are potentially requesting is three (3) employees including the Applicants. So, it gives them a little bit of flexibility that if one is out and they had maybe you know an assistant in there if Deirdre was away and they had an assistant in there but it would be a maximum of three (3)with the Applicants. So, that's that one versus that's a bit of a change from the last one that's one. Then the driveway access issue has been the one we have been discussing. It would be really great if we could get the two (2) accesses so they could go and access the back home as their own access and then the business as the secondary one. If the Commission is not inclined to that and that's a stop on it then our ultimate request is that there is at least a condition in there that says single driveway access unless required by the Fire Department. It's that I would not want to have their hands tied, Those are basically the main two (2) and I'll let Ms. Imagire speak on that a little bit as well and I can follow up with anything after that. Ms. Imagire. EXHIBIT A 3 D. IMAGIRE: Good morning, I don't really have much to add to what Zendo said. You know, we would want to be able to run our business and comply with the law so, that is why we are asking for a little bit of leeway. Like I understand that you do not want us to like have a ton of employees and that's completely understandable. As a resident in the neighborhood myself I wouldn't want another business in there having a ton of employees. But, if we can make it instead of it's being cause right now, I believe it says me, my husband, and one (1) employee. If we could make it so that it's no more than three (3)total that would really give us some flexibility to be able to run our business the way we've been running it in Kea`au, without having to make significant changes to staffing and things like that. As you may remember, I am six (6) months pregnant so I'm not going to be in the office very much over the next year I'll be with the baby. With regards to the driveway, you know we would love to have the private, straight back private driveway and one separate for the business to try and keep those two (2) separate but, again like Zendo said if that's not something that you are willing to consider for us. We will make it work to make so that we can access both business and private portions of the lot via one (1) entrance on `Ilima. Thank you. RAFFIPIY: Thank you very much. Anything else Zendo? ZENDO: Thank you Mr. Chair. So that's pretty much as simple as we can, we are open to discussion on any of that and just again thank you guys and want to again apologize for all of the confusion and anything that might have came off the wrong way. Thanks so, I'll be happy to answer any questions. RAFFIPIY: Thank you very much. Any questions for the Applicant from the Commission? Go ahead Joe. CLARKSON: Yes, I was the one who made the original motion and I'm leaning favorably toward the three (3)workers whether it's two (2) Applicants or one (1) assistant or two (2) assistants and one (1)Applicant. I see no problem with that. I just have a question for the Applicant. After the June meeting there was general agreement on what the conditions would be to basically make this business as much as possible like a home business and one of those things was the single driveway with the access to the business portion of property off of that driveway, Then the business portion was "—" landscaping. The only condition that was asked for by the Applicant were only the hesitation was the, they had to confirm that the single driveway was possible with the Fire Department. Here it's been two (2) months and apparently, the Applicant hasn't even contacted the Fire Department. They certainly didn't before the last meeting. I'm just curious about that. Have you contacted the Fire Department? KERN: Ms. Imagire did contact them, go ahead Deidre. D. IMAGIRE: Yeah, we were able, the person that we needed to speak to at the Fire Department was actually on vacation. We were able to get a last-minute meeting with him just before our June meeting. It was June, the last one we had whenever that was. I'm so confused. Sorry. We were able to meet with him and basically what they are saying is that they will not say anything firm and final until we are asking for that change of use. At the time we ask for the change of EXHIBIT A 4 use that's when they are going to say, that's when they are going to come I guess maybe visit the property and say yes, this driveway works or no this driveway doesn't work. So, he was very non-committal. CLARKSON: Thank you, thank you for that. RAFFIPIY: Any other question or comments from the Commission? Gilbert? AGUINALDO: Tom, I have one. For the Applicant and Zendo. So, Condition No. 7 change was, was crossed out only one (1) and then we put two (2) employees shall be permitted in addition to the Applicants. So, that change of two(2) will be three (3) now? RAFFIPIY: Zendo, you got to unmute. KERN: Yes, it would be three (3), maximum of three (3) employees including the Applicants. So, basically if they were both in the office. they could have one (1). If it was just Dr. Benjamin in there, they could have an assistant if Deirdre was out. So, maximum of three (3) with them not three (3)plus or two (2)plus,just them. AGUINALDO: Okay. Okay. KERN: Just a quick comment, Commissioner Clarkson I think there was a little bit of confusion on that, on the June meeting and I think the WebEx didn't necessarily help it and again I really apologize and as you see we are open to making it work in the best way we possibly can. RAFFIPIY: I have a question for the staff. Let's say, if we grant the zone today, and the Fire Department comes in later on and they require separate driveways. What's going to happen there? ANDREWS: My impression would be the best plan would be to include a phrase that says unless otherwise required by the Fire Department. So, that it will allow for that future, you know they have jurisdiction over the driveways really so, if the Fire Department later on determines they need something different than the single access point that clause should allow for that approach. RAFFIPIY: Sounds good. Mr. Clarkson? CLARKSON: I would like the application to come back before the Commission rather than leaving it up to the negotiations between the Applicant and the Fire Department. Because if the Fire Department does insist which I don't think they will on a U-shape driveway with perhaps they might insist on paved or big U-shape driveway that makes it obvious that it's a commercial business. If that would be the case, I would not want to see the application approved. RAFFIPIY: Okay, any other questions or comments? Wait, follow up on that. Jessica, what Mr. Clarkson said, will that be something that we would have to incorporate in the conditions? EXHIBIT A 5 ANDREWS: If that was the intention, yes, that one would need to be written into the conditions, RAFFIPIY: Is that your intention Mr. Clarkson? ANDREWS: That is my understanding. CLARKSON: May I speak? RAFFIPIY: Go ahead Mr. Clarkson. CLARKSON: I intend to move for approval, make a motion for approval of this application as conditioned, and as amended for Condition No. 7 and if some reason the Applicant is not able to comply with those conditions doesn't the Planning Director have to bring the matter back before the Commission? Or they can't without to complying with the conditions. I would like to see that Condition for a single driveway say "—"we get it and considerate it again in detail at a later time if the Fire Department which I don't believe they will, will not allow that single driveway. ANDREWS: Looks like Zendo has a question, Chair Raffipiy. RAFFIPIY: Mr. Kern. KERN: Yeah, less of a question and just more of a comment on that regard. I don't think we need to spell that out that if that is required they have to come back here, In the past when we're dealing with that if the condition isn't clear then basically we just have to come back through the Planning Commission to amend it. If we want to have it in there, we're fine but Idon't think we need it kind of will speak for itself. ANDREWS: Yeah. RAFFIPIY: Mr. Clarkson. CLARKSON: I have no further comment. RAFFIPIY: Jessica. ANDREWS: I believe what Zendo just said is correct and that is implied basically that if the condition is not met then the Applicant typically would have to apply for an amended permit application. RAFFIPIY: Mr. Clarkson. CLARKSON: I just did not want to have any hypothetical conditions like if this condition can't be met than let's go to this other condition and if that can't be met, let's go to this other condition and let's just stick with that condition and stick with hypotheticals later. EXHIBIT A 6 RAFFIPIY: So, Mr. Clarkson how would you want to word that condition? CLARKSON: Well, I'm a little bit early on this. Do we have any public testimony that has be to be presented first? RAFFIPIY: Yes, we'll go ahead and entertain public testimony after we are done with all the questions from the Commission. ANDREWS: To my knowledge, there was no new public testimony since the July meeting. There was written public testimony from the July meeting but, not since then. RAFFIPIY: That's correct. So, we need to go into motion for action? ANDREWS: If you like. Yes. RAFFIPIY: Mr. Clarkson when do you want to entertain your CLARKSON: We don't need to move that public testimony be closed first? If there is no public testimony, we don't have to close it. RAFFIPIY: That's correct. CLARKSON: I move that the application for Special Permit Docket No. 19-000212 be approved based on the Planning Director's amended recommendation which shall be adopted. The amended recommendations including those presented by staff and also that Condition No. 7 be amended that the maximum number of employees at any one time shall be three (3). AGUINALDO: I second. RAFFIPIY: It is moved by Mr. Clarkson and seconded by Mr. Aguinaldo. Staff, can you please take a roll call vote. ANDREWS: Yes. May I just clarify Commissioner Clarkson that you intend to recommend the application is approved as recommended by the Planning Director. But, included in that would be an amendment to Condition 7 regarding employees so there would be a maximum total of three (3) employees at any time or three (3)staff. CLARKSON: Correct. Three (3) staff onsite at any time. ANDREWS: Okay, yes, I'll take a roll, sorry. Question? RAFFIPIY: Is there any other discussion or comments on this before we move forward to vote? None. Go head staff. ANDREWS: Okay, with that I'll take the roll call. Commissioner Clarkson? EXHIBIT A 7 CLARKSON: Aye. ANDREWS: Commissioner Aguinaldo? AGUINALDO: Aye. ANDREWS: Commissioner Au? AU: Aye. ANDREWS: Chair, sorry. Vice Chair Replogle? REPLOGLE: Aye. ANDREWS: And Chair Raffipiy? RAFFIPIY: Aye. ANDREWS: The motion passes 5-0. RAFFIPIY: All right, thank you very much. KERN: Thank you all very much, much appreciated. D. IMAGIRE: Thank you. RAFFIPIY: You will be notified of the Commission position in writing. KERN: Okay. I'm assuming we don't need this to be a part of this Executive Session. RAFFIPIY: No. KERN: "—" RAFFIPIY: Thank you. KERN: Okay, thanks guys. ANDREWS: Thank you. D. IMAGIRE: Aloha, thank you. EXHIBIT A 8 The discussion ended at 9:31 a.m. Respectfully submitted, Melissa Dacayanan-Salvador, Temporarily Assigned Secretary Windward Planning Commission EXHIBIT A 9