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HomeMy WebLinkAbout2020-11-19 Leeward Exh D (Amend Zoning Code re Medical Clinics) LEEWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT NOVEMBER 19, 2020 A regularly advertised continued hearing on the PLANNING DIRECTOR INITIATED AMENDMENT TO CHAPTER 25 OF THE HAWAII COUNTY CODE, RELATING TO MEDICAL CLINICS AND OTHER SMALL-SCALE HEALTH SERVICE FACILITIES was called to order at 2:13 p.m. via live-stream online meeting, with Chairperson Nancy Carr Smith presiding. COMMISSIONERS IN ATTENDANCE: Nancy Carr Smith, Barbara DeFranco, Perry Kealoha, Max Newberg, Mark Van Pernis, Michael Vitousek and Faith"Faye" Yates ALSO IN ATTENDANCE: Malia Hall, Esq. (Counsel for the Commission), Michael Yee (Planning Director), John Mukai, Esq. (Counsel for the Planning Director), Tracie-Lee Camero (Planner), Jeff Darrow (Planning Program Manager), Maija Jackson (Planner), Jessica Andrews (Planner), Rachelle Ley (Secretary to the Planning Director), Kim Tanaka(Secretary to Boards and Commissions) and Noriko Sauer(Leeward Planning Commission Secretary) INITIATOR: PLANNING DIRECTOR An ordinance amending Chapter 25 (Zoning Code), Article 1, Article 2, Article 4, Article 5 and Article 7 of the Hawaii County Code 1983 (2016 Edition, as amended), relating to definitions, use permit requirements, off-street parking requirements, and zoning district regulations for medical clinics and massage, acupuncture, chiropractic and other similar health service facilities. Secretary's Note: "- - -" indicates indiscernible speech due to internet/technical difficulties or simultaneous talk. CARR SMITH: We'll move on to unfinished business, Agenda Item No. 4, the initiator's the Planning Director. This is an Ordinance amending Chapter 25 of the Zoning Code, Article 1, Article 2, Article 4, Article 5, and Article 7 of the Hawaii County Code, 1983, the 2016 Edition, as amended, relating to definitions, Use Permit requirements, off-street parking requirements, zoning district regulations for medical clinics and massage, acupuncture, chiropractic, and other small-scale [sic] health service facility. And Tracie, think this is your baby. CAMERO: Yes, it is. Good afternoon Commission, Commissioners. Let me get my screen up for you. CARR SMITH: Your vol—your sound is maybe, oh, you're just sharing, okay. CAMERO: Oh sorry, can you all hear me? CARR SMITH: Yeah, now we can. Thank you. 1 EXHIBIT D CAMERO: And can you all see my presentation screen with no other CARR SMITH: Yeah, looks good. CAMERO: Okay, perfect. Good afternoon Chair, and members of the Planning Commission. As stated, this is a Planning Director-initiated amendment to the Zoning Code relating to definitions, parking requirements, Use Permit requirements, and zoning district regulations for medical clinics, massage, acupuncture, chiropractic, and other similar health service facilities. The following slides will reflect amendments that the Director has made to the original proposed bill to address the concerns that were raised at the previous Leeward Planning Commission meeting. In the following slides you will see three amendments that the Director's proposing that will ultimately create a process for these uses to come into the Planning Department and get any necessary approvals for. It should be noted that this is an effort of the Director to address the needs of the public by amending our code to keep up with the various new forms of health services that have evolved over the years. With that, we'll begin with the proposed amendment number one. This is relating to the definition of a medical clinic. Currently, the definition of a medical clinic states that chiropractic, and massage treatment and services are not included as a medical clinic. The Planning Director is proposing that the definition of a medical clinic be amended to include that massage, acupuncture, chiropractic, and other similar health service facilities shall now be considered a medical clinic. The next proposed amendment is to the personal service establishment definition. The personal service establishment definition currently includes massage facilities and chiropractic clinics as permitted under the personal service definition. The Planning Director is proposing the removal of the massage facilities and chiropractic clinics from this definition so that the definition only includes non-medical personal services such as hair salons. The Director has proposed to remove "and other similar uses" devoted to the care of treatment of the aged, the sick, or the infirmed, out of the hospital definition located in the Use Permit section because the Department has historically considered these uses as medical clinics. The proposed amendment number two clarifies where these uses would be better suited, especially because the need for these uses are there in in the community. You can see on your slide that this proposed amendment addresses the Commission's previous concerns that a Use Permit should be required for these uses within the RM district. Therefore, in this slide the Director is proposing that a Use Permit can be obtained for a medical clinic, massage, acupuncture, chiropractic, and other similar health service facilities in any of the zoning districts listed in the slide above. Again, as mentioned in the previous meeting that we had about a month ago, when Planning staff was considering this code amendment, we did realize that there is still that conflict, and we're still trying to recognize the discrepancies between the proposed amendments and the parking section of our code, so we're still using this opportunity to really rectify these conflicts by proposing to add the off-street parking requirements for the zone districts listed above with the underlined which will include the RS, RD, and RM for the commercial uses. 2 EXHIBIT D The Planning Director's proposing these proposed amendments, that these proposed amendments be forwarded to the Planning, be forwarded to the Hawaii County Council, and that the Planning Commission send a favorable recommendation of the Planning Department exhibit number two. That concludes my presentation, and I can open up the floor to any questions. CARR SMITH: Thank you, Tracie. Can you confirm whether this did go to the Windward Planning Commission since we saw you last, or not? CAMERO: Yeah, yes, so, the Windward Planning Commission, it did go to the Windward let me stop sharing my screen. It did go to the Windward Planning Commission, and what really happened within the past month is we toyed with kind of the idea, well we didn't toy with it, the Department reviewed a lot of the different versions that we could possibly go with this, and for the Windward Planning Commission, we had actually sent the original Planning Department exhibit one to the Windward Planning Commission, and they had given us a favorable recommendation on that version, and then coming into this meeting we really reviewed some of the transcripts, as well as the YouTube videos and we realized that that really wasn't an approach that we could take this medical clinic and massage and acupuncture, and when me and like Maija had discussed it, we had really found similarities in it that we agreed, and that's why you guys got the most recent Planning Department exhibit number two. So, we really agree that these uses do fit under the medical clinics so therefore, we really amended that to include it as a medical clinic. And then of course, one of the major changes that was proposed in the last meeting was we are going to, that we'll move it out of the RM permitted zoned districts and it will require these uses to now come in and get a Use Permit for the zoned districts. So, I will have to take this new Planning Department exhibit number two, and I will have to re-present it to the Windward Planning Commission at their December meeting. CARR SMITH: Got it. Okay, thank you. Commissioners? Go ahead Mike. VITOUSEK: I just want to add that I think this addresses the concerns that I had the last time about the ambiguity of the different groupings versus medical, versus other similar health activities. I think it's all included in one. I think that including them all under one grouping is more in line with the way that the medical practice is going in general, whereas traditional MD medical care is incorporating more holistic care, so I think this is going in the right direction and I support it. CARR SMITH: Thank you. Anyone else? Okay. My only comment is that I, my only push back was that I had concern about making it harder for massage therapists, or physical therapists, or acupuncture, whatever, to practice their business, so. It will make them jump a few more hurdles, but I guess that's okay, so. Alright, anyone else? VITOUSEK: I CARR SMITH: Go ahead Mike. 3 EXHIBIT D VITOUSEK: I think that this is, this is establishing a medical clinic and a building, an office type of thing which is something that, you know, in my opinion can be regulated within the residential district. It's not impacting, you know, home health activities or people going into other homes doing private, things like that. It's, it's regulating the actual creation of a clinic. CARR SMITH: Okay. Fair enough. Thank you. Anyone else? If there's no other comments, then I'll look for a motion please. KEALOHA: I'll move that a favorable recommendation be forwarded to the County Council on ordinance amending Hawaii County Code, Chapter 25, based on the Planning Director's recommendations which shall be adopted. CARR SMITH: Thank you Perry. Second? VITOUSEK: Second. CARR SMITH: Second by Mike Vitousek. Very good. Any further discussion about this? Seeing none, Tracie, go ahead with the roll call vote please. CAMERO: Vice Chair Kealoha? KEALOHA: Aye. CAMERO: Commissioner Vitousek? VITOUSEK: Aye. CAMERO: Commissioner DeFranco? DEFRANCO: Aye. CAMERO: Commissioner Newberg? NEWBERG: Aye. CAMERO: Commissioner Van Pernis? VAN PERNIS: Aye. CAMERO: Commissioner Yates? YATES: Abstain. CAMERO: And Chair Carr Smith? CARR SMITH: Aye. 4 EXHIBIT D CAMERO: Thank you so much. The motion carries six to one. Thank you, have a wonderful day. CARR SMITH: Thank you. Thanks Tracie. Thank you, Director Yee, for that and for working with the concerns that the commissioners had. Appreciate it. Did you want to add anything? YEE: Nope, thank you. CARR SMITH: Okay, very good. The hearing ended at 2:24 p.m. Respectfully submitted, Kim Tanaka Secretary to Boards and Commissions 5 EXHIBIT D