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HomeMy WebLinkAbout2021-04-01 Windward Exh A Kelly Kagimoto Amend REZ 399 WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT APRIL 1, 2021 A regularly advertised hearing on the application of KELLY KAGIMOTO (formerly Beretania Properties, Inc.) (Amend REZ 399)was called to order at 9:09 a.m. via live-stream online meeting, with Chairperson John Replogle presiding. COMMISSIONERS IN ATTENDANCE: Dean Au, Gilbert Aguinaldo, Joseph Clarkson, Michelle Galimba, Dennis Lin, Thomas Raffipiy and John Replogle. ALSO IN ATTENDANCE: Malia Hall, Esq. (Counsel for the Commission), Zendo Kern, (Planning Director), Jeff Darrow (Deputy Planning Director), Jean Campbell, Esq. (Counsel for the Planning Director), Christian Kay (Planner), Alex Roy (Planner), Maija Jackson (Temporary Assignment Program Manager), and Melissa Dacayanan-Salvador (Windward Planning Commission Secretary). APPLICANT: KELLY KAGIMOTO (Formerly Beretania Properties, Inc.) (AMEND REZ 399) Application for an amendment to delete all conditions of Change of Zone Ordinance No. 81-723, which rezoned a 9,245 square-foot portion of a larger 20,188 square-foot property from a Single- Family Residential-10,000 square feet(RS-10) to Neighborhood-Commercial-10,000 square-feet (CN-10) zoning district, while retaining the CN-10 zoning. The subject parcel is located at 2169 Kino`ole Street, Waiakea Homestead Lots, Waiakea, South Hilo District, Hawaii, TMK: (3) 2- 2-041:075 (por). Secretary's Note: "—" indicates that there were technical and/or internet difficulties, which made the conversation inaudible. REPLOGLE: We are moving on to New Business now. The presentation of agenda number one (1). Applicant Kelly Kagimoto formerly Beretania Properties Inc, amend REZ three nine nine (399). Application for an amendment to delete all conditions of Change of Zone Ordinance Number eighty-one dash seven two three (81-723), which rezoned a nine thousand two hundred forty-five (9,245) square-foot portion of a larger twenty thousand one hundred eighty-eight (20,188) square-foot property from Single-Family Residential-ten thousand (10,000) square feet (RS-10) to Neighborhood Commercial-10,000 square feet(CN-10) zoning district while retaining the CN-10 zoning. The subject parcel is located at twenty-one sixty-nine (2169) Kino`ole Street, Waiakea Homestead Lots, Waiakea, South Hilo District, Hawaii, Tax Map Key (TMK): three two dash two dash zero four one seventy-five (3) 2-2-041:075. Staff? Staff presentation Alex Roy will do the presentation. Alex? ROY: Thank you Chair. Good morning Commissioners, I'm going ahead and share my screen. Okay, today we are talking about Kelly Kagimoto, this is an amendment to Change of Zone Ordinance Number seven two three (723). I want to make that just a note real quick it was listed 1 EXHIBIT A as number 81-723 but that was not correct, so the actual Ordinance number is 723 and it was just completed in nineteen eighty-one (198 1) so, that's where that 81 comes from. So, we will be referring it to as Ordinance Number 723. Here is the location map, the larger map you can see the rough location of the property, Waiakea High School of course Hilo Municipal Golf Course and so here is in red and then I zoomed in to the intersection of Kawailani and Kino`ole Street. Please take note that the area that we're talking about today is this black dashed area. I've outlined the entire parcel which we talked about was 20,000 approximately square feet but the area in question would be the area behind or off the road and is that area in the black dashed line. The applicant is requesting at this time to delete all conditions of that rezone ordinance number 723. They are also requesting to retain the Neighborhood-Commercial or (CN-10) zoning designation for that portion of the parcel. The applicant intends to develop a commercial building on the site in the future. Here's the tax map I put this up for a couple of reasons just to show of course the general location but also take note of this drainage easement that runs along and that relates to some of the testimony that you received. So, here's that drainage easement I believe the applicant will be speaking more to that issue later. So, again the area in question is this yellow shaded area of the parcel. County zoning is currently CN-10 for the entire parcel, and you can see that the surrounding area around that intersection is also mostly CN-10 developed with a number of commercial structures, gas stations, et cetera. The red area over here is RS or Single Family Residential fifteen (15) or fifteen thousand (15,000) square feet and the remaining blue area is RS-10 or Single Family Residential (10,000) square feet. This is a very complex State Land Use Boundary Map Urban. The General Plan or Land Use Pattern Allocation Guide (LUPAG) map identifies the majority of the area as Low Density Urban but then, this small square around the intersection of Kino`ole and Kawailani is actually Medium Density Urban and so the parcel is pretty much within that Medium Density Urban LUPAG designation. Here's an aerial photograph of the site. You can that it's completely undeveloped, grassed, and has no structures on it whatsoever. Next door is the Kagimoto Store, the existing store and again the area in question is this kind of rear half of the parcel that is shown in the red shading. Here's a site photo looking from the street onto the property, you can see its grassed there's kind of a rough entrance, but they have the construction fencing across, there's some trees along the property line. It generally slopes to the back but is relatively flat. Here's a view of the property entrance so you can see that orange fencing that's kind of the area the property entrance, so this is looking north along Kino`ole Street. You can see the existing store, Texaco, there's an apartment building over here so it's kind of just showing you this is almost at the intersection looking north and then here is roughly right by the property entrance looking south along Kino`ole Street towards the intersection of Kawailani. At this time, the Planning Director's recommendation is to forward a favorable recommendation to the County Council for the amendment to Change of Zone Ordinance Number 723 Rezone 399. I'd be happy to take any questions at this time. REPLOGLE: Thank you Alex. Fellow Commissioners do you have any questions for Planning Department? Okay, the applicant's presentation we will now move on to Daryn Arai, Land Use 2 EXHIBIT A Planning Consultant agent for Kelly Kagimoto and Kelly Kagimoto the applicant. Would you please raise your right hand? ARAI: Raised right hand. KAGIMOTO: Raised right hand. REPLOGLE: Do you swear to affirm and tell the truth in this matter now before the Windward Planning Commission? ARAI: I do. REPLOGLE: Kelly, you need to unmute yourself. KAGIMOTO: I do. REPLOGLE: Okay, please state your name and the area of your residence. Go ahead. KAGIMOTO: Okay, Kelly Kagimoto and I guess the address is two one seven nine (2179) Kino`ole. REPLOGLE: Okay. Did you receive the Planning Department's background report and recommendations? KAGIMOTO: Yes. REPLOGLE: Tell us whether you agree with the recommendation and you may give us your presentation. KAGIMOTO: I agree with the recommendation. REPLOGLE: Okay, please proceed with your presentation. ARAI: Mr. Chairman? Good morning Chairman Replogle and members of the Planning Commission. My name is Daryn Arai, I am a resident of Hilo and if you don't mind, I'll go ahead and speak on behalf of the applicant, Kelly Kagimoto. If that is okay with you? REPLOGLE: That's perfectly fine, thank you. ARAI: Great, thank you very much. Mrs. Kagimoto is available to answer any questions that I may not be able to answer so I appreciate her being in attendance as well but otherwise I'll be responsible addressing all of the items during this proceeding. Mrs. Kagimoto and her family has operated Kagimoto's convenience store which is located just to the south of the subject properties. She's been there for 15 years and in those 15 years she's established herself as a respected member of the community both in business and as a resident. Should the request or her request be approved she'll like to duplicate her family's success upon the subject property. 3 EXHIBIT A As the staff presentation and background report that was provided to you was thorough, accurate, and very well done as you would expect from the Director and his staff. The applicant really appreciates and accepts the findings and favorable recommendation that was offered by the Planning Director although we hope that that's not an April Fool's joke but, anyway we do appreciate the recommendation. Let's see, the nature of the request is pretty straightforward. It's really finding reasonable use of the subject property consisting of a little over 20,000 square feet that has maintained its zoning for the past forty (40)years and a portion of it adjacent to Kino`ole as far back as fifty-three (53) years ago. Back in nineteen eighty-one (1981) the original proposal was for a sixteen (16)unit apartment complex, two (2) stories high with a parking area of about twenty (20) stalls. The applicant's current consideration is for a store similar to Kagimoto's roughly about two thousand (2,000) square feet in size and a parking area of about seven (7)parking stalls much smaller than what was already proposed 40 years ago. The applicant understands the drainage and noise concerns that were raised by neighbors located immediately makai of the subject property. In response, Mrs. Kagimoto offered information, additional information that we believe copies have been provided to all the Commissioners and that information was transmitted directly to Mr. Louis Carvalho who is a family member and representative of those owners who resides immediately makai of the subject property. I had the opportunity to speak to Mr. Carvalho twice in the weeks leading up to today's meeting and where I really tried to. I should mention he represents families situated on four(4) individual parcels located makai of the subject property and consisting of roughly one (1) acre in total of land area. In those two (2) conversations I tried to address his concerns and that of his family. He sought and I provided information that he asked of me, I tried to clarify the amendment process to him, all told I really hope that the applicant and I have adequately addressed the concerns of the family that were provided to all of you. But, throughout the 2 conversations I had with him, I must say that he is a most gracious and knowledgeable gentleman and I really, really hope that there are more people like him who participate in this type of process and I really hope they can be just as gracious and honorable as he was to me so and I did enjoy my conversations with him. In summary, if granted the privilege to pursue this development of her store on this property I'm sure Mrs. Kagimoto will proceed in a matter that is in compliance with all applicable government regulations and requirements. She and her family has proven themselves with the success of Kagimoto's and as a good neighbor for the past 15 years and I have no doubt that she would be just as responsible and successful in this current location if given the opportunity. So, with that and I know you probably haven't heard this for quite some time, but I stand ready to answer any questions that you may have. Thank you very much. REPLOGLE: Thank you Mr. Arai. Fellow Commissioners any questions, anything, concerns? AU: Raised hand, Chair I have a question. REPLOGLE: Please Mr. Au. 4 EXHIBIT A AU: Hi, Mr. Arai, long time no see. ARAI: Good morning. AU: Good morning, I hope you're doing well. ARAI: I have been, thank you. Likewise, hopefully you all have been well as well. AU: Question for you Mr. Arai, so I guess the concerns that were raised by the neighbors, I guess you mentioned that Ms. Kagimoto has addressed those questions and is Mr. Carvalho happy with it? ARAI: I would not say or represent that he is happy. I'm sure he is still concerned because I'm sure those concerns will not be resolved until such time the property is actually developed because you can only say and promise so many things right leading up to the actual development but, he is a very learned individual and he asked me a number of questions about my interpretation of code, and how certain things apply, and I tried my best to answer them. I think we arrived at where he understood what we were trying to accomplish on the property and how the applicant will be developing it in a very responsible manner and in compliance with regulations and at no point did he that I could remember where he actually challenged the validity or the accuracy of the information that I provided to him. He may not necessarily agree, but I don't think we thought that I was misinterpreting something. So, we left the conversation in very, very good terms which is why I was very pleased to speak to Mr. Carvalho but in the end, I hope we've addressed all his concerns. AU: Thank you. REPLOGLE: Thank you Mr. Au. ROY: Raised hand. REPLOGLE: Yes, Mr. Roy? ROY: I just wanted to add that I also talked with Mr. Carvalho and while I didn't speak to him directly, he left a message after he spoke to Mr. Arai and said that Mr. Arai had addressed his concerns and that I didn't need to call him back. So, he seemed like after their conversation and of course you got the response letter he seemed satisfied with those responses from the applicant. So, I just wanted to say that he did leave a message and said that he was okay and understood the process and no longer had any major concerns and so that is it. ARAI: Raised his hand. REPLOGLE: Thank you. Mr. Arai? ARAI: I just wanted to disclose throughout this process we tried to be as upfront and transparent as possible in what was being presented to the Commission and the County. The applicant and I 5 EXHIBIT A took the liberty to provide him with whatever information we provided to the Commission and we did email him directly. This morning I decided to transmit to him a copy of the Director's Background Report and Recommendation to him directly because he told me earlier that he was having trouble sending emails to the Department and I wasn't sure that he received a copy of the reports. So, he was appreciative of the information provided to him. REPLOGLE: Thank you. ARAI: You're welcome. REPLOGLE: Anything further? ARAI: From me, No, thank you. REPLOGLE: Thank you Mr. Arai. Commissioners? If there is nothing further, I will entertain a motion for action? AU: Mr. Chair, with hand raised I'm ready to make a motion. REPLOGLE: Mr. Au, please. AU: I move that a favorable recommendation be forwarded to the County Council on the application to amend Change of Zone Ordinance No. 723 based on the Planning Director's recommendation, which shall be adopted. AGUINALDO: Raised his hand, I second. REPLOGLE: Thank you. So, it has been moved by Commissioner Au and seconded by Commissioner Aguinaldo to accept the Planning Director's recommendations. All those in favor, oh, will the staff do the roll call thing. AU: Raised hand, Mr. Chair? REPLOGLE: Yes, Mr. Au. Go ahead. AU: Just really quick for discussion and comment purposes I just want to say that the store that the applicant owns close by this property is a well-known store, a lot of local people go there, it is nice to see local businesses still thrive and still alive and I would love to see the traffic be mitigated in that area. With cars parked right on the side of the road at least if there is store more in the backside there is more of a parking lot and is not so congested and dangerous. So, I fully support this application and it is nice to see that this family is still thriving with the conditions that we live in now with local businesses suffering. Thank you, Mrs. Kagimoto KAGIMOTO: Thank you. AU: for coming up. 6 EXHIBIT A RELOGLE: Thank you Mr. Au. Mr. Roy you are doing the vote or CLARKSON: Raised hand. REPLOGLE: oh excuse me, Mr. Clarkson? CLARKSON: Yes, I just want to take this opportunity to reiterate what I've said on many similar occasions in the past and that is if a property deserves to be rezoned, it should be put on an equal standing with all the other property in the same zone. So, I'm glad to see that conditions are being removed that are specific to this property and I think that further rezone applications should be considered in the same like it deserves to be rezoned at all and a lot of properties won't. It should just be put on an equal footing, let the existing conditions and regulations concerning development control the development of the property. That's all. Thank you. REPLOGLE: Thank you. Thank you, Mr. Clarkson. ROY: Okay. I'm going to take a roll call this is for to approve as recommended by the Planning Director. Commissioner Au? AU: Raised hand, aye. ROY: Commissioner Aguinaldo? AGUINALDO: Raised hand, aye. ROY: Commissioner Clarkson? CLARKSON: Raised hand, aye. ROY: Commissioner Galimba? GALIMBA: Aye. ROY: Commissioner Lin? LIN: Raised hand, aye. ROY: Commissioner Raffipiy? RAFFIPIY: Aye. ROY: And Chair Replogle? REPLOGLE: Aye. 7 EXHIBIT A ROY: The motion caries seven (7) to not. JACKSON: Chair Replogle? REPLOGLE: Thank you, yes. JACKSON: I just want to clarify that the motion is to send a favorable recommendation to the County Council and not approval. REPLOGLE: Okay. JACKSON: Thank you. REPLOGLE: You're welcome. Thank you. ARAI: Thank you so much. REPLOGLE: And you will be notified of the Commission's decision in writing. ARAI: Thank you so much everyone. AU: Waved back. CLARKSON: Waved back. KAGIMOTO: Waved, thank you. LIN: Waved back. KERN: Waved back. RAFFIPIY: Waved back. DARROW: Waving hand. ARAI: Nice to see all of you again. REPLOGLE: All the effort you put forward with Mr. Carvalho is appreciated. Thank you. KAGIMOTO: Thank you. ARAI: Thank you very much and he is an awesome gentleman as well thank you very much, much appreciated. Take care everyone. RAFFIPIY: Take care Mr. Arai. 8 EXHIBIT A KAGIMOTO: Bye. The item ended at 9:23 a.m. Respectfully submitted, Melissa Dacayanan-Salvador Secretary Windward Planning Commission 9 EXHIBIT A