Loading...
HomeMy WebLinkAbout2020-12-03 Exh A PD Initiated Relating to Medical Clinics WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT December 3, 2020 A regularly advertised hearing on the application of PLANNING DIRECTOR INITIATED AMENDMENT TO CHAPTER 25 OF THE HAWAII COUNTY CODE, RELATING TO MEDICAL CLINICS was called to order at 9:15 a.m. via live-stream online meeting, with Chair Thomas Raffipiy presiding. VIRTUAL ATTENDANCE(COMMISSIONERS): Gilbert Aguinaldo, Dean Au, Joseph Clarkson, Thomas Raffipiy, John Replogle. VIRTUAL ATTENDANCE(STAFF): Malia Hall (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), Tracie-Lee Camero (Planner), Rachelle Ley (Department Secretary), and Melissa Dacayanan- Salvador (Commission Secretary). And 2 members from the public live streaming the meeting . 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: "—"means that there were technical and/or internet difficulties which made the conversation inaudible. RAFFIPIY: Let's go to agenda Item Number 2 that was published on the addendum to the agenda. This is a Planning Director Initiated item. 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 small scale health service facilities. I think Tracie will be making the staff presentation. Tracie the floor is yours. CAMERO: Thank you Chair, let me just start sharing my screen with you all. Can you all see my screen? RAFFIPIY: Yes. EXHIBIT A 1 CAMERO: Okay, perfect. REPLOGLE: Yes. CAMERO: Good morning Chair and Members of the Windward Planning Commission. As stated, this is a Planning Director Initiated Amendment to the Zoning Code relating to the 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 the proposed amendments that the Director has made to the first ordinance that staff presented to you in November. The new proposed amendments are to address the concerns raised at the previous Leeward Planning Commission meeting. This proposed ordinance is to create a process for these health service facilities uses to come into the Planning Department and get any necessary approvals for. By now, you should have received the revised recommendation as well as the Planning Department Exhibit 2 which is the proposed ordinance that I will be discussing in the following slides. With that we will begin with the proposed amendment one (1). 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 now proposing that the definition of a medical clinic be amended to include massage, acupuncture, chiropractic, and other similar health service facilities as a use defined under the medical clinic definition. This proposed amendment will now allow for massage, acupuncture, chiropractic, and other similar health service facilities to come into the Department under that medical clinic definition and in any area that a medical clinic is already defined, or we will define where it is going to be a permitted use in. Also, a part of the Director's proposed amendment Number 1 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 still proposing that the removal of massage facilities and chiropractic clinics be taken out of the personal service definition so that the personal service definition includes non-medical services such as hair salons. The Director has proposed to remove, and other similar uses devoted to the care of the treatment of the aged, the sick, or the infirm out of the hospital definition located in the Use Permit section because the Department has historically considered these uses as medical clinics. Therefore, proposed amendment number two (2) clarifies where these uses would be better suited. This slide also shows that the Director is proposing that a medical clinic can apply for a use permit in any of the six (6) districts listed on the screen. This slide also addresses the Leeward Planning Commission's previous concerns that a use permit should be required for these uses within the RM district. When Planning Staff was considering this Code amendment, we still found that there is a conflict with our off-street parking requirements in the proposed amendments. Therefore, Planning EXHIBIT A 2 Department staff is taking this opportunity to rectify the conflict and discrepancies with the parking section of our Code. Which leads us to the last proposed amendment number three (3), which is proposing to add off-street parking requirements for commercial uses within the RS, RD, and RM zoning. Again, these proposed amendments are to better define these uses and clarifying which zoning districts these uses will be permitted with a Use Permit or be allowed as an outright permitted use. Therefore, the Planning Director is recommending that the Planning Commission send a favorable recommendation of the Planning Department Exhibit 2 to the Hawaii County Council. With that, that concludes my presentation, and I can open up the floor to any discussion. RAFFIPIY: Thank you very much Tracie appreciate the presentation. Any questions from the Commissioners? CLARKSON: Yes, I have— RAFFIPIY: Go ahead Joe. CLARKSON: —I have a question for the Director. What is the background problem or issue that has driven this proposed change and definition? YEE: It came from various applicants coming to us, but Jeff Darrow has the most experience with these kinds of issues and "—" DARROW: Aloha, Joe. Commissioner Clarkson. What happened basically is we were trying to, we had received a number of requests for massage, chiropractic, and acupuncture type businesses and basically, they were falling under the definition of personal service uses. But the reason why this is coming back to the Commission. This is our second time bringing it is before we had separated those uses out and identified them on their own. When we went before the Leeward Planning Commission, they struggled with that and felt like it would be more appropriate, and it was more in line to be placed under the medical clinic definition rather than separating them. Even though Windward Planning Commission voted favorably to send up the original bill the Director agreed that it made sense to just put those uses together with medical clinic and make it very clear whether you're a doctor, a dentist, or you're a massage therapist or a chiropractor, acupuncture, or any other new type of health-related service that comes forward. It would go through a similar process of a Use Permit within certain districts or it would be outright permitted where a medical clinic was permitted. Mainly, in the Commercial zoning districts and some of the other districts. But that's the purpose of bringing this bill back to the Commission is to bring it in line with the medical clinic and clarify the process to become either permitted through a Use Permit or an outright permitted use. RAFFIPIY: Thank you Mr. Darrow. Any other questions, any other follow-up questions? DARROW: Joe, you might be on mute sorry about that. EXHIBIT A 3 CLARKSON: I was on mute when I said thank you. DARROW: I think I'm on mute. RAFFIPIY: Any other questions from the Commission? Director Yee do you have anything to add to this? YEE: Nothing. CLARKSON: I do have a, I mean it is just a nagging concern that other similar services is so broad. That anything to do with the body will qualify. What about a gym, where you are working on your musculature, what about facilities that fit prosthetics shoes for your feet I mean are all those covered elsewhere or are they just going to get swept up? They are? Now Jeff you're on mute. DARROW: A gym or a health establishment is identified under the definition of indoor amusement and recreational facility. So, those are clearly defined in the Code as far as prosthetics I think that would be more of a retail establishment or a type of manufacturing facility versus a health-related occupation where they are providing a health service. We struggled I mean the only reason why we put in other health related services or left that in because we're just not sure of new technologies and services that will become available in the future. People have identified some pretty unique services that have been coming out with, what was the latest, yeah cupping was one but that kind of goes with massage. There's some other unique services but mainly I think we are covering a majority of the ones that we see. I just wanted to have that ability to identify new health type services that might come online and direct them through a Use Permit or a permitted use. CLARKSON: Okay, thank you I understand. RAFFIPIY: Question, who will make the determination if they fall under that other similar health service facilities? DARROW: It would normally be the Planning Director at the time, if it is really questionable, we will have the applicant submit a request for a determination and the Planning Director would determine what that particular use is identified most appropriately. Whether it is a health service or whether its identified elsewhere in the Code. RAFFIPIY: Okay, thank you. DARROW: Thank you. RAFFIPIY: Thank you, any other questions? I'd like to acknowledge Commissioner Aguinaldo is joining the meeting. Do we have any other questions from the Commission? EXHIBIT A 4 AGUINALDO: I have one. RAFFIPIY: Go ahead Commissioner Aguinaldo. AGUINALDO: So, based upon what I've heard medical. I experienced myself Jeff knows. Now to the creditability of our County and us Commissioners I would think that as far as medical uses we're talking about prosthetic, we're talking about I don't know work it out. One of our discussions was gyms, fitness and we also talked about cupping. Now, these people that are applying for that of course they are going to do their homework with knowledge of what does it interprets. So, should we kind of familiarize ourselves, do the investigation what we see now on our County, what might come up, what is on the table now, what might come up in the future so that we don't kind of like being in the dark on it. I mean the cupping, what they do they heat it up, they put it on top you,pau. It is some kind of healing or whatever they call it. Like Jeff said, it falls under massage. Is it truly falls under massage, masseuse because you are not using your hands right you using a cup so, to define this medical the spectrum is so big what do we see out there right now? What are people doing we got to be kind of above the curb guys. Because if I came and I had more knowledge than the County I already schooled them so, what do we see out there right now that people are coming and introducing or doing. DARROW: John is going to ask a question. RAFFIPIY: Go ahead Mr. Darrow. DARROW: Thank you Mr. Chairman. One of the uses that, we wanted to try to, sometimes it can be overwhelming to try to be over exhausted in our definitions where we place a wide variety of different types of uses. That's why we kept the more significant ones that we see on a regular basis more in the definition and then left some flexibility for additional. The ones that we see on an occasional basis that we are familiar with are the more naturopathic type of facilities that come up, but they are very help "—" and they would be identified as a similar health related facility and required to go through a similar process. Again, part of those naturopathic type facilities, they have all these different unique types of therapies that are being introduced and they are always changing. So, we wanted to try to keep that more general in nature. Again, it usually is pretty easy to identify a use that is health related versus something that maybe different and again the way we do that is by looking if in the Code if that particular use is more clearly identified in another section of the Code. Similar to like what we were mentioning gyms and health facilities, the health and wellness facilities those are clearly identified in the Code and separated from these types of uses. Hopefully, that answers your question and concerns. AGUINALDO: Thank you. RAFFIPIY: Mr. Replogle? EXHIBIT A 5 REPLOGLE: Thank you Mr. Chairman. As to Commissioner Aguinaldo's, he mentioned the cupping. Cupping is like a tool of a masseuse. It would be like a doctor's saying I would like you to have an x-ray and you're not going to get parking just for x-ray it comes under medical and so the cupping is a tool of massage. Anyway,just to clear that up. Thank you. RAFFIPIY: Thank you — DARROW: Thank you. RAFFIPIY: —for the clarification. Any other questions, comments from the Commission? AU: Mr. Chair I have a question. RAFFIPIY: Go ahead Sir. AU: Actually, no I don't have a question, I just have a comment I want to make but its more appropriate to do it in discussion. I'd like to make a motion first. Some of these things that we are discussing can be in the discussion rather than in a question form. So, I'll just go ahead and make a motion and— RAFFIPIY: Go ahead. AU: —is that possible, is that okay? RAFFIPIY: That's okay if there is no other questions from the Commission. Any other questions? AGUINALDO: No not at this time. RAFFIPIY: Mr. Au go ahead. AU: Mr. Chair can I make a motion? RAFFIPIY: Go ahead Mr. Au. AU: Okay, I move that a favorable recommendation be sent to the County Council on Ordinance amending Chapter 25, based on the Planning Director's recommendation, which shall be adopted. RAFFIPIY: Any second? REPLOGLE : I second that. RAFFIPIY: It is moved and seconded that we send a favorable recommendation all those who, go ahead. EXHIBIT A 6 AU: Mr. Chair could I make a comment? RAFFIPIY: Go ahead. AU: Okay— RAFFIPIY: Is that pertain to your motion? AU: Yes. RAFFIPIY: Go ahead. AU: Okay, so, I made the motion and I support my motion because I feel the Planning Director and the Planning Department is making an effort to tighten up the rules. Over the course, over the years, and as things happen the Planning Department has difficulty dealing with certain situations and I think this is just making it easier for the Planning Department to deal with it and as a follow-up to Commissioner Aguinaldo. A lot of these services that are defined under medical condition. A lot of these services need, I don't know how to say it, but they somewhat need some kind of education to provide some of these services. It is not like they are doing like the massage they have to have some kind of training to do that kind of stuff. Whereas, when you have a gymnasium or a use like that you really don't need training that's more like a business. But as far as medical terms under medical clinics it's like services provided to the body, wellness of an individual whether it's their mind or their physical body. So, again I just think the Planning Department is just trying to tighten up their rules and trying to just put everything into one (1)bucket, so it is easier to assess those things, but it is good to bring up lot of those things because for us as Commissioners we represent the people in our districts and in the community so. But those are just my thoughts so thank you. RAFFIPIY: Alright, thank you Commissioner Au. So, the motion is by Mr. Au and seconded by Mr. Replogle that a favorable recommendation be forwarded to County Council on the Ordinance amending Hawaii County Code, Chapter 25, based on the Planning Director's recommendation, which shall be adopted. So, any further discussion on that? No discussion? Okay, lets proceed to vote and have the staff take the roll call vote. CAMERO: Thank you Chair. Commissioner Au? AU: Aye. CAMERO: Commissioner Replogle? REPLOGEL: Aye. CAMERO: Commissioner Aguinaldo? EXHIBIT A 7 AGUINALDO? Aye. CAMERO: Commissioner Clarkson? CLARKSON: Aye. CAMERO: and Chair Raffipiy? RAFFIPIY: Aye. CAMERO: Thank you the motion carries 5-0. RAFFIPIY: Alright, thank you very much. Thank you staff for all the work that you put into this. The discussion ended at 9:39 a.m. Respectfully submitted, Melissa Dacayanan-Salvador, Secretary Windward Planning Commission EXHIBIT A 8