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HomeMy WebLinkAbout2021-10-07 Windward Exh B Takata Dental Health Center Amend REZ 11-146 WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT OCTOBER 7, 2021 A regularly advertised hearing on the application of TAKATA DENTAL HEALTH CENTER INC. (AMEND REZ 11-000146) was called to order at 9:55 a.m. via live-stream online meeting, with Chairman John Replogle presiding. COMMISSIONERS IN ATTENDANCE: Gilbert Aguinaldo, Dean Au, 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), Jean Campbell, Esq. (Counsel for the Planning Department), Christian Kay (Planner), Maija Jackson (Program Manager), and Melissa Dacayanan-Salvador (Windward Planning Commission Secretary) APPLICANT: TAKATA DENTAL HEALTH CENTER INC. (AMEND REZ 11-000146) Application for time extensions to Condition B (time to complete construction) and Condition C (water commitment) of Change of Zone Ordinance No. 12 33 which rezoned one (1) acre of land from a Single-Family Residential – 10,000 square feet(RS-10) to a Residential-Commercial Mixed Use–20,000 square feet(RCX-20) zoning district. The subject property is located at 1732 Kilauea Avenue, approximately 750 feet south of its intersection with Kawili Street intersection, Waiakea Homestead Houselots, South Hilo, Hawaii, TMK: 2-2-038:028. Secretary's Note: "—" indicates that there were technical and/or internet difficulties, which made the conversation inaudible. REPLOGLE: Okay, first applicant Takata Dental Health Center, Incorporated, Amend REZ-11- 000146. Application for time extensions to Condition B (time to complete construction) and Condition C (water commitment) of Change of Zone Ordinance Number 12 33 which zoned one (1) acre of land from Single Family Residential - 10,000 square feet(RS 10) to Residential- Commercial Mixed Use - 20,000 square feet(RCX-20) zoning district and subject property is located at 1732 Kilauea Avenue approximately 750 feet south of its intersection on Kawili Street intersection, Waiakea Homestead Houselots, South Hilo, Hawaii, TMK 2-2-038:028. Staff presentation will be made by Christian Kay, one of our planners. KAY: Yes, thank you, Mr. Chair. Good morning to you and the other members of the Windward Planning Commission. Can everybody hear me? All right, great if I can share my screen here for a moment. One second. Alright, can everybody see the presentation? Okay, great. Again, as the Chair stated, this is an amendment to a Change of Zone ordinance. The subject property is located in the South Hilo district of Hawaii Island in generally in this area of the star. It's on Kilauea Avenue between West Kawili Street and West Ohea Street directly across from Maemae Street. 1 EXHIBIT B The applicant is requesting a five-year time extension with the opportunity for an additional administrative time extension to Condition B (time to complete construction) and a 180-day time extension to Condition C which is a water commitment condition to Change of Zone Ordinance Number 12 33 which rezoned approximately one acre of land from Single-Family Residential- 10,000 square feet to a Residential-Commercial Mixed Use-20,000 square feet zoning district. After the rezoned was approved in 2012, the applicant planned to relocate its existing dental practice to the subject parcel. Final plan approval was granted, and an existing dwelling was demolished to make room for the project in 2015. Following approval of a 5-year administrative time extension in 2016, the applicant experienced significant setbacks. One of the project's principals (a retired dentist)became ill and wasn't able to personally oversee the financing and development of the project and the project architect unexpectedly passed away at the end of 2019. The other principal on the project did not have time to focus on completing the project, given the demanding schedule of his existing dental practice. As such, the applicant is seeking additional time to complete either the dental office development or a project that is consistent with the RCX zoning. In terms of the water commitment the applicant and its architect mistakenly believed that since a water calculation use study would be more appropriate when the uses are specifically identified via approved plans, thus it overlooked the water study and commitment requirement. Therefore, the applicant initially requested an additional 180 days within which time to submit the water use calculations and make the required water commitment deposit. During the amendment process, we received a comment letter from the Department of Water Supply indicating that the existing water service installed at the parcel should be adequate to support the proposed demand for the dental office project. Therefore, a water commitment deposit was not required. Based on this determination, the applicant believes that it renders the requested time extension to Condition C moot and would withdraw the request if the department determined that the condition was fulfilled. While there is sufficient water according to Department of Water Supply for the proposed dental office the applicant or any successor could develop any permitted use in the MCX zoning district. Therefore, the Director is recommending to modify Condition C instead of giving a time extension to require that water calculations and a water commitment should be done, should the applicant develop any use other than the dental office. The subject property again is here outlined in red zoned RCX-20. Other surrounding zoning in the area Single-Family Residential, some Neighborhood Commercial zoning, and some Multiple Family Residential. Again, for reference the subject property is on Kilauea Avenue. The State Land Use Designation for the subject parcel and surrounding area is Urban. The General Plan Land Use Pattern Allocation Guide Map designates the subject parcel and much of the surrounding area as Medium Density Urban as indicated in the mustard color and other surrounding designations are also Urban. High Density in red and Low Density in yellow. Here is an aerial photo of the subject property again we've got West Kawili Street running toward the top of the screen and Kilauea Avenue. The subject property has a single driveway coming off of Kilauea Avenue and is vacant of any structures or uses at this time. 2 EXHIBIT B Here is the applicants site plan that was initially submitted for the proposed dental office. Again, at the top of the screen is Kilauea Avenue and again,just the initial proposal for the dental office. If this is developed it can be developed like this if it's a different use obviously a new site plan would have to be developed. Here are some photos of the site, this is looking across Kilauea Avenue at the subject property again it's vacant and currently that there was a recent repaving project along Kilauea Avenue in this area that included the installation of new sidewalks or upgraded new sidewalks and repaving. And here just some images, upper left is Kilauea Avenue looking South toward Puna and the lower right is Kilauea Avenue looking North toward Hilo. The Planning Director is recommending that the Commission forward a favorable recommendation to the County Council for amendment to Condition B of Ordinance No. 12 33 and then there's a modification of Condition C that speaks to the requirement of the water calculations and possible deposit should a different use be developed. With that I'm happy to turn the time over back to the Chair and thank you very much for your time. REPLOGLE: Thank you very much Mr. Kay. So, we will move to the applicant's presentation, Mr. Sidney Fuke is the agent for the applicant, and I believe Leila Shimizu may also be available I was told should we have questions. Anyway, would you please raise your right hand, Sir? Do you swear or affirm to tell the truth on this matter now before the Windward Planning Commission? FUKE: I do. REPLOGLE: Please state your name and the town you live in and proceed. FUKE: Good morning, Mr. Chairman, and members of the Commission. My name is Sidney Fuke, I live in Hilo actually Kaumana area and I'm here representing actually assisting my neighbor who is Dr. Brice Takata. Your staff report was comprehensive as always. The proposed recommendations were also reviewed with Dr Takata, and he is supportive of it and appreciative of the recommendation offered by the staff. Just to add just a little bit of history to the situation, Dr Brice Takata who's our neighbor is a third-generation dentist. His father Ellsworth was the one who initiated the project. So, it was Ellsworth's vision and so he had engaged his good friend an architect out of Honolulu and together they developed the project. It was kind of depicted. Regrettably, over time, the architect passed away soon after the plans were prepared and then Dr. Ellsworth Takata fell ill so that's the reason why property and the development kind of language for a while. But now you have Dr. Brice Takata taking over so it's kind of like his vision. Hopefully, he'll follow through with the vision initially sought by his father, but it may morph and so the way the condition read is perfect in a sense that if it's not the dental clinic that it will be an alternative use consistent with what the RCX zoning would allow. We totally support the Director's recommendation relative to the water, so if you have an alternative use that requires a different water calculation studied and that will be triggered. With all things considered the report and recommendation are excellent. So, we respectfully request the Commissioner's favorable recommendation on this amendment request. 3 EXHIBIT B REPLOGLE: Thank you. Commissioners, any question for staff or the applicant? Okay. Commissioners, I will entertain a motion for action. GALIMBA: Chair? REPLOGLE: Ms. Galimba? GALIMBA: Yes, I move that a favorable recommendation be forwarded to the County Council on application to amend Change of Zone Ordinance No. 12 33, based on the Planning Director's recommendation, which shall be adopted. AGUINALDO: I second. REPLOGLE: It's been moved and seconded. Staff, roll call vote please? AU: Mr. Chair, this is Commissioner Au. HALL: Sorry Chair, point of order. REPLOGLE: Yes, yes. JACKSON: Chair, do you want to ask if there's any discussion first? REPLOGLE: Yeah, I will thank you. Is there any discussion? AU: Yes, Mr. Chair. This is Commissioner Au. REPLOGLE: Go ahead Mr. Au. AU: So, I'm having issues with my camera, and I can't turn my camera on. I just want to make a really quick comment. First of all, I support the motion and I guess a question to Christian and Maija is there a problem that I can't get my camera on and taking the vote? KAY: No, I think if we can hear you that should be fine. AU: Okay, thank you, I will still try to turn my camera on. I've been trying to turn it on this whole time. KAY: Okay. REPLOGLE: Your mic is off Maija if you were attempting to speak. Okay, is there any further discussion? Staff, would you take a roll call vote,please? KAY: Yes, thank you Mr. Chair. Can everyone hear me? REPLOGLE: Yes. 4 EXHIBIT B KAY: Okay, thank you Mr. Chair. So, sorry, Commissioner Galimba? GALIMBA: Aye. KAY: Commissioner Aguinaldo? AGUINALDO: Aye. KAY: Commissioner Au? AU: Aye. KAY: Commissioner Clarkson? CLARKSON: Aye. KAY: Commissioner Lin? LIN: Aye. KAY: Commissioner Raffipiy? RAFFIPIY: Aye. KAY: And Chair Replogle? REPLOGLE: Aye. KAY: Thank you Mr. Chair motion carries 7-0. REPLOGLE: Thank you and you will be notified of the decision in writing. FUKE: Thank you very much Commissioners. The item ended at 10:09 a.m. Respectfully submitted, Melissa Dacayanan-Salvador Secretary Windward Planning Commission 5 EXHIBIT B