Loading...
HomeMy WebLinkAbout2021-07-15 Leeward Exh A (Public Testimony re Amend USE 05-001) LEEWARD PLANNING COMMISSION COUNTY OF HAWAII TESTIMONY TRANSCRIPT JULY 15, 2021 Public testimony regarding the application of PARKER SCHOOL (Amend USE 05-001)was called to order at 11:09 a.m. via live stream online meeting, with Chairman Michael Vitousek presiding. COMMISSIONERS PRESENT: Michael Vitousek, Shani Armbruster, Barbara DeFranco, Mark Van Pernis, and Faith"Faye" Yates ABSENT AND EXCUSED: Clement"CJ" Kanuha III ALSO IN ATTENDANCE: Dalilah Schlueter, Esq. (Counsel for the Commission), Jean Campbell, Esq. (Counsel for the Planning Department), Zendo Kern (Planning Director), Jeffrey Darrow (Deputy Planning Director), Maija Jackson (Planning Program Manager), Christian Kay (Planner), Tracie-Lee Camero (Planner), and Noriko Sauer(Leeward Planning Commission Secretary) APPLICANT: PARKER SCHOOL (Amend USE 05-001) Application to amend Condition No. 11 (Roadway Improvements) of Use Permit No. 05-001, to remove the requirement to complete roadway improvements prior to the issuance of Certificate of Occupancy for the gymnasium. Use Permit No. 05-001 allows the establishment of an elementary school (grades K-6) and expansion of the Parker School complex on 14.32 acres of land situated within the Agricultural-1 acre (A-la) and Single Family Residential -7,500 square feet(RS-7.5) zoned district. The subject properties are located between Kapi`olani Road and Waikoloa Stream, Waimea, South Kohala, Hawaii TMK: (3) 6-5-004:025, 026, 028 and 063. Secretary's Note: "- - -" indicates indiscernible speech due to internet/technical difficulties or simultaneous talk. VITOUSEK: Okay, I'm going to swear everyone in together. Would you please turn on your cameras and raise your right hand? Thank you. Do you swear or affirm to tell the truth before the Leeward Planning Commission? WILLE: Yes, I do. VITOUSEK: Thank you. ANDERSON: I do. VITOUSEK: Thank you, you all. Okay, I'm going down the list of public testimony. Item 1, Parker School, Amend USE Permit 05-001. Our first testifier is Margaret Wille. Margaret would you please state your name and town you live in. 1 EXHIBIT A WILLE: Yes. Margaret Wille, I live in Waimea. I'm here as a citizen, not representing someone else. I want to bring to the attention of the Commission that there was litigation concerning Parker School's permit. The Community, many did not believe that the County was putting adequate protections for the community, including safety. And Carl Sturgis and I in the end put together a settlement agreement and that settlement agreement independently required the road improvements that are now being requested to be waived in terms of the gymnasium. I got to just go into the bottom line, I'm not going to object to this change. But I want to make it clear that I think it was wrong that the County proceed to work on this amendment without totally ignoring and disregarding that settlement which staff who were, some of whom are here as well Chris Yuen were aware of it and Chris Yuen was active in terms of the terms. This is just sort of, there are other provisions, there's easement provisions and I have been in touch with the headmaster, and he has affirmed that we will work on sort of moving forward on these terms independently and in good faith. So, I'm just disappointed, this is sort of like the typical way things go with development and the County is that certain requirements are put on a certain development and then as it's moved forward there requested to be deleted and it's more slid by without the community really having a lot of participation. What had been discussed on this point would be Public Works which really in a way moved the road over a bit so that there would be room for a sidewalk. Anyway, it's just it shouldn't happen this way, I mean in other previous times such as with the Ala `Ohi`a Road. I also brought a lawsuit and the County each time required me to sign off. No matter what the Commission does or the Council does those approvals do not trump what's in the settlement agreement. The settlement agreement is an independent contract. So, I just expressed my concern to you at the same time I have spoken with Mr. Dunn and there are ways of other lesser road improvements that could be done such as signage for speed or for no parking and putting in a separate entrance for pedestrians and bicycles and we are going to work on the easement. So, if you have any questions, I would hope that the Committee has been given a copy of this settlement agreement since it does affect many of the issues and it meant Parker Schools approval. Anyway, I'll conclude there and I am not here to object to it. I think it's shameful how these things are handled in this way and yet I will be working with the school to move forward on some the other provisions such as the easements which would provide further access to the school and for the public along the streamside of the property. VITOUSEK: Thank you, Commissioner Van Pernis questions? Your off mute already you don't need to mute. Now, you're on mute. VAN PERNIS: Okay. Ms. Campbell, is the settlement agreement signed by all parties? Is it an effective document signed by everybody? WILLE: Yes, it is. VAN PERNIS: Is the application Parker School to the County asking to overrule or circumvent do something other than the settlement agreement? 2 EXHIBIT A WILLE: Yes, by the County I mean and developers now asking to eliminate road improvements on Kapi`olani Road which is what the street that runs by where the gymnasiums going in and is asking to waive those requirements. They have left in place that when the Middle School is built that this requirement will come up again and it may well at that time be requested to be waived again. But this was those safety concerns were the major probably the number one concern for the community. There is also at that time, in fact my brother lives there and there were problems and the school is going to increase and increase in number of students over the years. So, here we have a requirement and then we go and just want to let it go. VAN PERNIS: Excuse me Ms. Campbell. WILLE: Wille. VAN PERNIS: I want to find out if the settlement agreement provides for safety precautions or whatever that the County recommendation and the Parker School are all trying to circumvent? WILLE: Right. That's right. VAN PERNIS: So, the County is being asked to allow the school to violate the settlement agreement? WILLE: Yes. VAN PERNIS: On the base the litigation was dismissed from the basis of the settlement agreement? WILLE: That's right. VAN PERNIS: Alright, thank you. VITOUSEK: Question for Ms. Wille. Is there a timeline established or deadline established for when the road improvements have to be put in place? WILLE: It was concurrent with the gymnasium and/or the Middle School. VITOUSEK: So, the settlement reflects the existing language in the Use Permit? WILLE: Yes. VITOUSEK: Commissioner DeFranco do you have a question as well? DEFRANCO: Yes, it was along those lines too Mike. In reading this I understood that because the school was not up in enrollment and they were not building the Middle School as of yet. Then, that the road requirement wasn't being they are asking to put it off until the Middle School is developed, is that, am I understanding that right Ms. Wille? 3 EXHIBIT A WILLE: Yes, it would be done when one or the other was constructed in fact at that time, I think there was seemed to be more community concern about the gymnasium in particular because there was a sense that there's the school would be able to rent out the gymnasium. DEFRANCO: Okay. WILLE: So, you would have a lot of people that really were not used to and being on guard and when there's been events, meeting I mean there are other — DEFRANCO: So,part of the mitigation around that is you're suggesting signage and sidewalks or? WILLE: Yes, we specifically put in that there would be a sidewalk so that those you could access from Lindsey Road to the school and then enter with a sidewalk. DEFRANCO: That would create the safety zone that you're seeking. WILLE: Yes, it is. DEFRANCO: Okay. Thank you. VITOUSEK: Are there any other questions of the testifier? Seeing none we will move on to the next. Janie Palma-Glennie. Is Janice on the Zoom meeting. JACKSON: She is not in the meeting. VITOUSEK: Okay. JACKSON: And neither is Carolyn Pellett. VITOUSEK: Okay. The public testimony ended at 11:22 a.m. Respectfully submitted, Melissa Dacayanan-Salvador Secretary to Boards and Commissions 4 EXHIBIT A