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HomeMy WebLinkAbout2022-05-05 Windward Exh B (Item 1 Palmer PL-REZ-2022-016 WINDWARD PLANNING COMMISSION COUNTY OF HAWAI`I HEARING TRANSCRIPT MAY 5, 2022 A regularly advertised hearing on the application of LAWRENCE PALMER(PL-REZ-2022- 000016) was called to order at 9:44 a.m. via live stream online meeting, with Chairman Dean Au presiding. COMMISSIONERS PRESENT: Dean Au, Lauren Balog, Louis Daniele III, Michelle Galimba, and Dennis Lin ABSENT AND EXCUSED: Gilbert Aguinaldo, Wayne De Luz ALSO IN ATTENDANCE: Malia Kekai, Esq. (Counsel for the Commission), Jean Campbell, Esq. (Counsel for the Planning Department), Jeffrey Darrow(Deputy Planning Director), Maija Jackson (Planning Program Manager), Jessica Andrews (Planner), and Melissa Dacayanan- Salvador (Windward Planning Commission Secretary) APPLICANT: LAWRENCE PALMER(PL-REZ-2022-000016) Application for a Change of Zone from a Single-Family Residential-10,000 square feet(RS-10) to a Village Commercial-10,000 square feet(CV-10) zoning district for approximately 11,254 square feet of land. The subject property is located at 16-540 Laukahi Place, approximately 150 feet east of its intersection with Old Volcano Road, Kea`au, Puna, Hawaii, TMK: (3) 1-6- 002:082. Secretary's Note: "—" indicates indiscernible speech due to internet/technical difficulties or simultaneous talk. AU: Let's move right on to the agenda item number one. Applicant Lawrence Palmer. KERN: Mr. Chair? AU: Yes, go ahead. KERN: I'll be signing off and Maija will let me know when we're on item number 3. Thank you very much. Aloha. AU: Thank you. So, again Maija you have a question? JACKSON: Yeah, thank you Mr. Chair. I just want to remind the testifiers that I'll be moving you into the waiting room and if you'd like to continue viewing the meeting you can go onto the YouTube URL that is on the agenda. Thank you. 1 EXHIBIT B AU: Okay, so the first agenda item is Applicant Lawrence Palmer. An application for a Change of Zone from a Single-Family Residential-10,000 square feet(RS-10)to a Village Commercial- 10,000 square feet(CV-10) zoning district for approximately 11,254 square feet of land. The subject property is located at 16-540 Laukahi Place, approximately 150 feet east of its intersection with Old Volcano Road, Kea`au, Puna, Hawaii, TMK: (3) 1-6-002:082. Ms. Andrews, can we have the staff presentation at this time. ANDREWS: Yes, thank you Chair Au. I'm going to go ahead and share my screen, and can everybody hear me? Okay, great. Okay, so this application as previously stated is for Lawrence Palmer. It's a Change of Zone application. This is the location map for the subject property and the subject property is outlined in red. It's on Laukahi Place in the Village of Kea`au. The applicant's request is a Change of Zone from a Single-Family Residential-10,000 square feet (RS-10) zoning district to a Village Commercial-10,000 square feet(CV-10) zoning district for 11,254 square feet of land. The applicant proposes to convert an existing single-story, 1,152 square foot single-family dwelling into a commercial space in order to establish a furniture and appliance rental outlet. And the applicant plans to employ two to three people with proposed hours of operation from 9:00 a.m. to 5:00 p.m., Tuesday through Saturday. The proposed site plan includes a parking lot with four (4)parking stalls, one of which will be ADA accessible, and no additional structures or expansion of the existing building footprint are proposed. Here you're seeing the County zoning map with the subject property outlined in red. The property is currently zoned Single-Family Residential (RS-10)-10,000 square feet. It's in yellow as is much of the surrounding properties are similarly zoned (RS-10). Nearby there is (CV-10) in the lavender and there's also (RS-15) Single-Family Residential-15,000 square feet in the kind of mustard color yellow. To the north, there is some agriculturally zoned A-20a properties. This is the State Land Use Boundary Map, so the pink shows Urban designation which the subject property is designated and then to the north and some to the east, there is some Agricultural designation in green. The LUPAG map or the General Plan Designation shows that the property has about two thirds of the property is designated Low Density Urban or LDU and about one third is designated MDU or Medium Density Urban. As is most of the surrounding area duly zoned either LDU or MDU and just to the west kind of north-west there is that Urban Expansion zone. From the Puna CDP, this is the regional Town Center for Kea`au and it's a little bit hard to read, but the subject property is within what is the kind of the dash boarder designating the Regional Town Center boundary. So, it is located within that boundary of the Regional Town Center. Here is the applicant's site plan. The existing residence is kind of located right in the center of the property. The property is triangular shaped in nature, and you can see that the existing driveway it's fairly a short driveway exiting on to Laukahi Place. In the aerial photograph again, the subject property outlined in red to the left on your screen is an existing service station and to the right is an existing school. Across the street is the new HMSA building, the newer HMSA building. 2 EXHIBIT B This shows a view of the subject property looking straight on, looking north across the entire property. And here you'll see Laukahi Place. So, on the upper left is a view of the street looking west towards the service station and with the subject property on the right in the far right there. On the lower right is a view of Laukahi Place looking east. So, you're looking towards at the dead end of that street. You're seeing the school buildings and you can notice on both of these photographs the sidewalk would be on the west side, I believe of Laukahi Place. On the left on the upper picture and on the right in the lower picture. So, finally, the Deputy Director's recommendation is to forward a favorable recommendation to the County Council with that I'll end my presentation and will stop sharing my screen. AU: Okay, Commissioners do you have any questions for Ms. Andrews? Commissioner Galimba, you have a question? GALIMBA: Yes, I do. When was the sidewalk on the other side of the street put in and by whom? If you know that. ANDREWS: Yes, I couldn't tell you the exact date, I believe that there was a portion of it put in around 2013. It may have been a bit earlier than that, but we did a little bit of research on that. There was a an existing or there was an ordinance that did require the installation of curb, gutter, and sidewalk. GALIMBA: Thank you. AU: Any other questions for staff from the Commissioners? Okay, with no questions I'd like to call the applicant and the applicant's representative to come forward and I do need to swear you in. So,please make yourself visible on the screen. Please raise your right hand. Do you swear and affirm to tell the truth on this matter now before the Windward Planning Commission? PIPAN: I do. PALMERS: Muted, I do. AU: Okay, so please state your name before you speak and the town you live in, so please, please go ahead. First question, though, have you received the background report and recommendations from the Planning Department? PIPAN: Yes. L. PALMER: Yes. AU: Okay, thank you very much. So, go ahead with your presentation. PIPAN: Aloha, John Pipan, I live near Honoka`a here on the Big Island. Thank you, much Chair Au. Thank you for your service, very sad to see you go but appreciated the time you had 3 EXHIBIT B here. Welcome Commissioner Daniele, I'm sure you'll be a great addition to the Commission. Thank you, all other Commissioners, for your continued dedication and in support of this important process and in your communities as a whole. Thanks also to Deputy Director Darrow for a favorable recommendation, Ms. Andrews for the excellent presentation and all the rest of the Planning Department staff for their tireless work to further managing this lovely home, we have here on the Big Island. So, I'll just say a few brief general remarks about the application and how it fits into the area, and I'll allow Mr. and Mrs. Palmer introduce themselves and their business. Then we'll kind of circle back and get into a little bit more of the meat of the conversation to the proposed amendment to conditions. So, the request as it stands is to convert this 11,000 square foot property to Commercial use. Now there's a couple different things that we look at and the Planning Department, especially looks at when evaluating this. There's the proposed use, so what the Palmers are intending to do specifically with this property their plans for the development in this case the retail, appliance, and furniture outlet. Then there's the potential future uses. So, say down the line, the Palmers would sell or plan some other use of the property so those would be consistent with the proposed CV-10 zoning. Now the area is developing commercially. It's consistent with the General Plan to do so and the proposed use fits in with this area. It'll be a valuable service to the community; it will be conveniently located so that folks in the Puna area don't have to travel further for their appliance and furniture needs. It appears that little impacts on the area. So, we'll again circle back a little bit more and dig in on the proposed revisions to Condition K for the curb, gutter, and sidewalk. But all the conditions in generally seem very well crafted and we're in agreement with them in general. So, the Palmers please unmute and introduce yourself. L. PALMER: Hello, thank you for considering us here. My wife Julie and I we've owned Ross Appliances for over 20 years now. I've been working there for 33. We like the Big Island. We had a couple stores there. We had one on Kanoelehua in the Singer building and we had one in Kailua-Kona in the Old Industrial. It's always been a problem for us what has always kind of been our downfall is the rising rents. We found this house and the opportunity to maybe control that where we can set up a store, then sell our goods, help people, and help ourselves. That's pretty much it. We like the Big Island. J. PALMER: We like the Big Island. It's beautiful. PIPAN: Thank you much. Could I ask, please Ms. Andrews, if you have handy the Exhibit 9 with the aerial photo showing the pedestrian facilities from the background report. ANDREWS: I'll have to take a minute to pull that up. I don't have that immediately available. PIPAN: Okay, no worries. I'll get started. So, apologies for the late communication following up on the proposed conditions in the Planning Department's recommendation report. We'd like to make the case for reducing the curb, gutter, and sidewalk requirements or deferring it. Delaying it until some use in the future is proposed on the property that would potentially have more of an impact. And this is getting back to that discussion of permitted uses and actual 4 EXHIBIT B proposed use in this case. So, when we're looking at this proposed use it's using this existing structure 1,100 square feet. It's a relatively small business. There will be 4 proposed parking spaces. The sequence of events will go if you agree with the recommendation, and forward that to the County Council and then we get through the entitlement process and get the Change of Zone. Then we will prepare more detailed site plans for the Plan Approval and then the Palmers will prepare more detailed building plans for the Change of Use. So, there's several steps and checks and balances and reviews in this process, this is the very first step. So, we're looking at evaluating these conditions very carefully because what happens a lot of times in rezone requests or Special Management Area permits. These permits that come before you to be evaluated is conditions are proposed, and maybe they're not evaluated super carefully. They're incorporated into the ordinance or the permit whichever the case may be, and then the applicants or the owners get into those later phases, and they find that the conditions are written make the development and infeasible and practical and possible cost prohibitive. So, that's what we're trying to head off here in this process. Looking forward to those engineering drawings and what the actual cost would be to put in the, thanks Ms. Andrews. This will work. So, you can see, we estimate that requiring curb, gutter, and sidewalks and actually putting those in on this short stretch of road frontage on the Laukahi Road [Place] would basically double the cost of this project and may make it infeasible. We can't have a perfect idea of what those costs are going to be without the actual engineering drawings and those are costly themselves to produce. So, if you look at the sites to the east, so to the right are zoned residential but they're used as schools, as churches, the HMSA property to the south, this area is all pretty much built up. We're not anticipating a whole lot of infill or additional uses, additional rezoning in this area in the foreseeable future. So, this is basically a dead-end street that ends just to the east of that slightly wooded area, the backside of the residential lot to the east there. So, the improvements would represent about 75 feet on that eastern side of their frontage and about 35 feet so two very short sections of sidewalk which would have little benefit to the public. We've shown and we've seen in the conditions on the street there's grass there currently and there's no, and the grass is in great shape. There's not a lot of traffic on that north side of Laukahi and further putting those pedestrian facilities on the north side of the street and then having them directly to the driveway entrance to this heavily traffic convenience store and gas station right there on the corner seems to be a little bit questionable in terms of safety. So, we would suggest that again to defer the curb, gutter, and sidewalk improvements until such a time that any uses are proposed that would expand or alter the existing structure beyond its existing footprint or a new structure. So, that's the language that we provided in our most recent feedback on this project. So, happy to go over this in depth and we really appreciate your favorable consideration. We'll do our best to answer all your questions. Thank you much. AU: Commissioners do you have any questions for the applicants? LIN: Chair Au? AU: Commissioner Lin go ahead. 5 EXHIBIT B LIN: Could I actually have Ms. Andrews pull up that picture of the sidewalk area showing the grassy side and the house on the right? ANDREWS: Sure,just give me one minute I'll do that. LIN: Just a comment I don't think I have any concerns regarding the deferment of the sidewalk and the drainage, but maybe if you drive past the 7-Eleven on a regular basis, you'll see a lot of kids walking to the 7-Eleven on the street. The school buses do go through here. Yeah, so, it's just a safety issue it would be for me is it'll be better to have a sidewalk in the future, as you do develop this property. Because there is a lot of foot traffic when the kids go through here. But yeah, thank you for pulling this up. AU: So, Commissioner Lin, do you have a question for the applicant, and we can always discuss this mater — LIN: Sure. AU: — as we get into the discussion, but if you have questions. LIN: No, I'm good I just needed to see the picture, thank you. AU: Thank you very much. Any other Commissioners, do you have questions for the applicant or the staff? DANIELE: Yeah, I actually have one question. AU Go ahead Commissioner Daniele. DANIELE: Yes, was this house purchased by you or was it a family home that was acquired by you? How did you get the property in question? I guess that's my question. L. PALMER: We purchased it. DANIELE: Okay, and for the sole purpose of starting a business more or less. L. PALMER: Hoping so. DANIELE: Okay, all right, thank you. AU: Mr. and Mrs. Palmer, I have a question for you. So, you didn't state in the beginning where you live. Do you live here on this island, or you live somewhere else? PALMER: We live in Kailua, Oahu. But we've also purchased a lot out in HPP, an existing home that we're renovating and hoping to maybe live there or have our son live there and then run the store down in Kea`au Town there. So, we weren't planning on living at the Laukahi location. 6 EXHIBIT B J. PALMER: So, we'd have the HPP house to go back and forth to and we'd keep our Kailua home and kind of go back and forth since we like— L. PALMER: We like to the Big Island — J. PALMER: — he loves it so much. L. PALMER: —and it's affordable compared to where we're sitting now. J. PALMER: So, but yeah, we live in Kailua, Oahu. AU: Okay, thank you. Any other questions for the applicant or staff from my fellow Commissioners? Commissioner Galimba. GALIMBA: So, this is a question more to the staff, I think. So, given their request to defer until they decide to put in another building. Is there an enforcement mechanism for that? I mean that would automatically sort of trigger that or would it sort of be necessary for the department to be watching for that? DARROW: I can go ahead and answer that Chair. AU: Yes, please, Mr. Darrow. DARROW: Thank you. So, this is a tough request for Planning because Planning looks at this more from the standpoint of the zoning issue. So, you're going from a residential zoning to a commercial zoning, which is a higher density allows for a much broader range of uses. Currently, there is a particular requested use for this and normally that happens when an applicant comes in, they say, this is what we're proposing to do, and it appears very likely that that'll be the case in this particular application. But what happens is their standards for a particular zone. For commercial zoning the standard that's recommended by the Department of Public Works is curb, gutter, and sidewalk and we always follow their recommendation. If you refer to your Planning Department Exhibit 3 in the background that has the Department of Public Works recommendation for the commercial request. They're requesting pavement widening with curb, gutter, and sidewalk. The matter of delaying the request it's tough because we've done that in the past and what happens is when you kick the can down the road it's not like the Planning Department is constantly watching for when this is going to happen, or we may not even know that something did happen. Other than maybe a request for a building permit or a plan approval. What normally happens is all of a sudden time will go by, something will happen, and the applicants sell the property. And that commercial zoning the request that the applicants have for this particular furniture retail outlet is not tied to the request, it's the zoning. The zoning can allow again a broad range of uses. There is Condition M that John had referred to that kind of is a check and balance for us that if another use comes in that's greater than this one, it triggers because they'll have to come in for 7 EXHIBIT B Plan Approval. So, we can trigger a Traffic Impact Analysis Report(TIAR) and then whatever requirements are placed on that. If all of a sudden, it's a McDonald's going in there or a gas station highly unlikely because there's one right next door. There may be a chance that it may require a signalization at the intersection. We just don't know. There's a lot of traffic that goes down this road. This is the back entrance to Kea`au Intermediate School. So, again, where the Planning Department is pretty firm on their request it does this particular request has unique situations there already is a curb, gutter, and sidewalk on the north side or on the other side. There's also a crosswalk from the gas station to the HMSA property that would allow a safe way to come across the road and be able to access that. Again, at this point similar to our recent Aguinaldo application, the Planning Department kind of stand with our recommendation, but if the Commission feels so led that they may want to entertain a possible delay for the improvements, by all means you folks can consider that change. AU: Mr. Pipan? PIPAN: Thank you Chair Au. I just wanted to follow up on Commissioner Galimba's question was specifically about the trigger or the enforcement mechanism for our proposed amendment to Condition K, and that would be Plan Approval. Deputy Director Darrow points out that is the process whenever a new commercial use is proposed on the property you would have to get Plan Approval from the Planning Department. They would check the ordinance find that Condition M as being a potential trigger for a traffic study and find that curb, gutter, and sidewalks would be then required by Condition K. So, that would be the trigger Plan Approval. I might add, we're not at all opposed to improving the right of way, the frontage there. It's just very costly and at this point we don't necessarily see great utility in those 2 short sections of sidewalk that would result. An alternate scenario and alternate standard could be applied in paved shoulders and swales, and I think we'd be perfectly fine with that. That would help to address any drainage concerns and provide a little bit better surface for pedestrians, so you know that is another alternative that we could consider. AU: Thank you Mr. Pipan. That was my question that I was going to have for you, for an alternative. Fellow Commissioners do you have any more questions? I'd like to discuss, but before we discuss, we need to entertain a motion in order to do that. So, if there's no more questions for the applicant or staff, I'm ready to entertain a motion. Commissioner Galimba? GALIMBA: I just have one more question, thanks. You said they're going to be having a 4- parking stall parking lot and I assume that's going to be paved, correct? PIPAN: Correct, yes. GALIMBA: Thanks, and so, while I'm unmuted, I'll move to, sorry, what am I moving to now? Close the question and move to discussion. Wait. I'm confused. Maybe someone else should make the motion. LIN: Chair Au, I'll make the motion. 8 EXHIBIT B AU: Go ahead Commissioner Lin. LIN: I move that a favorable recommendation be forwarded to the County Council on the application for Change of Zone Docket No. 2022-000016, based on the Planning Director's recommendation and the proposed amendment to Condition K by the Applicant, which shall be adopted. AU: Okay, so motion is on the floor. Can I get a second? DANIELE: I'll second that. AU: Okay, thank you, Commissioner Daniele. So just to clarify, can we repeat the motion. Maija, what exactly is the motion? It's with the applicant's amendment to Condition K is that correct? JACKSON: Jessica, can you clarify that? ANDREWS: I'm sorry, there was actually a good amount of background noise, and so I couldn't hear the motion. DARROW: I can clarify. The proposed language for Condition K by the applicant's representative is Condition K starting off it says prior to establishing any commercial use outside of the existing residential building footprint, and then it strikes out prior to obtaining Certificate of Occupancy and then the remaining condition is the same. Thank you. AU: Okay, motion was made, and it was seconded by Commissioner Daniele. Let's go right into discussion Commissioners. Any Commissioner want to discuss? DANIELE: Yeah, I actually have, I mean a couple things. I think that there's a little bit of a precedence in terms of the sidewalks since there's one on the other side of the street. I also think that since the school is there and there's probably lots of kids down at that 7-Eleven. You got to take that in consideration, public safety. I also understand that having 35 feet of sidewalk on one end and 70 somewhat feet on the other end. Maybe at this point in time probably not something that might want to happen immediately, but I think if there's any other future development, I don't know what the other properties around that existing property that we're talking about. If there's potential for acquiring other properties in adding it to that property I don't know if that's a possibility in the future, but I would imagine if this is a successful business you're going to have more and more vehicular traffic to that location. So, I think there are some things that need to be kind of talked about in terms of that condition. AU: Commissioner Galimba? GALIMBA: Yeah, I am sympathetic to the applicants, apologies for my chickens, their desire to make this cost effective. But also, I think this zoning does increase the value, so there is sort of a tradeoff there and I think it's probably in the long term something that is going to need to happen 9 EXHIBIT B given that there will be. If this business is successful, there'll be an increase of traffic and I mean you could almost say that I would think that the parking lot would be an expansion of the footprint, maybe technically not. But this would be something different on the lot already so, I probably would want to see the curb, gutter, and sidewalk condition remain. Thanks. AU: Thank you, Commissioner Galimba. Commissioner Balog? BALOG: I'm going to actually concur with Commissioner Galimba. I feel that Condition K should be upheld for the property if we approve the change for commercial. I think it is warranted in this case, despite the extra costs to that. Thanks. AU: Commissioner Lin? LIN: Yeah, so my comment would be if in the future when there is going to be putting in like the driveway and parking lot you don't know what the engineers is going to say yet. If you do the curb, gutter now the engineer might say, well,now that you put in the parking lot you might need additional drainage, you might need more work done on the properties. So, my thought processes, you might as well wait until you know what all the work that you need to get done on the property before doing anything now. Because the Plan Approval is going to dictate a lot of stuff that you have to do. AU: Thank you, Commissioner Lin. I understand your thinking, but I do have to support Commissioner Galimba and Commissioner Balog on their thoughts as well. I've spent many, many hours at that gym. I've coached basketball there, I played basketball there many, many hours in the late night and early mornings, basketball tournaments, volleyball tournaments. There's a school back there. That road is very, very, very busy. It's a very busy road. Kids are going up and down that road all hours of the day, people are walking up and down that road all hours of the day. We need curb, gutter, and sidewalks on that road to make it safe for the pedestrians, to keep them safe from vehicular traffic, to keep our cars when you're driving down that road on a correct path and not to deviate from it. I think it's important and I appreciate Mister and Misses Palmer to come down and establish a business that is needed in Puna. I lived in Puna, I lived in that area for many, many years in HPP, and we need businesses like this. We need people like yourselves to come in and provide the residents of Puna and Kea`au things like that and services, so I applaud you for that. But I think it's very important to keep that curb, gutter, and sidewalk. That's a very busy road, and I hope you know moving forward, you still will bring in your business because your business is a niche, and we need it. That's just my thoughts. I'd like to hear more thoughts from other Commissioners, if not we can go ahead and vote. Okay, if there's no more discussions. Can I ask staff a question? So, I'm looking at Mr. Pipan's email with the proposed language to Condition K. And by striking out that line prior to obtaining certificate of occupancy. Can you just explain to me in normal terms? Mr. and Mrs. Palmer are allowed to start their business, do whatever they need to do to start their business and they can carry on with their appliance business and they still don't have to do adjustments to the roadway. Is that how it is explained? 10 EXHIBIT B ANDREWS: Well, Commissioner Au, Jeff Darrow would you like to jump in first? DARROW: Oh, no, go ahead. ANDREWS: Just briefly about the sequence of what would need to happen with the condition as written as recommended by the Deputy Planning Director. Prior to obtaining certificate of occupancy means that the building permit to change the use for the structure would be processed and prior to obtaining the certificate of occupancy for that building permit for the change of use these improvements would need to be done. AU: Mr. Darrow? DARROW: So, to carry on with that. The way that the new portion of the condition reads it's that certificate of occupancy would not be the trigger at this point, they could go ahead and get certificate of occupancy to operate once they got the change of use and not be required to put in the curb, gutter, and sidewalk at that point. If in the future, there was a change to the building and I'm guessing by the word the way it's worded is that if there's an expansion of it. Somebody else could come in there not make any improvements to the building and operate a commercial type of operation, it still wouldn't trigger. It wouldn't trigger Plan Approval because there's no change to anything and it wouldn't trigger the need for the curb, gutter, and sidewalk. It appears, it would only be when there's an expansion of that existing building. ANDREWS: If I could also just make a point because the way that the applicant has rewritten the condition and may actually become a little bit of a point of confusion. Because they state prior to establishing where they propose prior to establishing any commercial use outside of the existing residential building. Well, once they go to get a building permit and a change of use. This structure will not be residential anymore, it will be a commercial building. And so, this condition in the future may actually be a confusing matter because there's no existing residential building once the business is established it will be changed, via a building permit into a commercial building. AU: Thank you, staff for clarifying that up because that was my thinking as well, if you do any type of construction on the structure improvements outside of it or within it, and that triggers all the other road requirements. So, that's what I was getting a little bit confused about the current motion and the proposed conditions. Other thoughts that I have, other comments that I have, this has to go to the County Council. It has to go through Committee, and it has to go to two readings. So, there's going to be a lot more discussions that Mr. and Mrs. Palmer and Mr. Pipan are going to have to fine tune this application. And to hear comments from the public because there was nobody that talked about this, or no testifiers. I was kind of surprised. It's a very busy road. So, yeah just that's just my thoughts on, but if there's no more discussions, I'd like to move forward. The motion is on the floor to forward a favorable recommendation with the applicant's proposed conditions to Condition K. And that is the motion on the floor, and I, at this point, I 11 EXHIBIT B will support that motion and if there's no more discussions from any other Commissioners, we're ready to take a vote. GALIMBA: Chair Au? AU: Yes, Commissioner Galimba. GALIMBA: Yes, thanks. I want to support the general favorable recommendation so, but I don't support the amendment. So, I'm not exactly sure how to do that because I want to make sure that we don't vote down the entire recommendation. I suppose, I could ask the motion maker Commissioner Lin if he would support an amendment to his condition that would— LIN: Yeah, Commissioner Galimba, I think it's the process would be we vote on this motion first and then, if it dies, then you propose a second motion with your language "—" GALIMBA: Okay, thanks Commissioner Lin. Just want to make sure we get this right. AU: Mr. Darrow did you have a? DARROW: Just a comment Chair Au, and that is it's based on your concern of the current wording of this particular amendment. Just a thought you might want to remove the word residential. So that way it won't be as confusing just existing building. AU: Commissioner Lin, would you be willing to amend your motion to exclude residential? LIN: Probably, that helps with the confusion. AU: Okay. If Commissioner Lin is comfortable with that and if Commissioner Daniele is comfortable with that as well. Then I think that would be a good motion and a good amendment. Are both Commissioners willing to amend that motion? DANIELE: Yes. LIN: Yes. AU: Okay, yeah with that residential line struck out it does make it more and does make the current motion less confusing and if this motion passes like I said again it goes to County Council and Committee, and it goes again to the County Council in 2 readings at the full Council. So, there is still time to for them for the applicant to work things out with the community and with the County. So, I will support this motion. If no more discussions, ready to entertain a motion I'm sorry ready to take a voice vote or individual vote sorry. Ms. Andrews? ANDREWS: Yes, Commissioner, maybe I'll just restate what the proposed amendment to the condition would be with striking the word residential. It would state that the Condition K as proposed would state "Prior to establishing any commercial use outside of the existing building footprint, the applicant shall provide improvements to the subject properties Laukahi Place 12 EXHIBIT B frontage consisting of but not limited to pavement widening with curb, gutter and sidewalk concrete curb, gutter, and sidewalk, drainage improvements signs, and markings, streetlights and any relocation of utilities meeting the requirements of the Americans with Disabilities Act and the approval of the Department of Public Works". Okay, so I'll move forward with the vote, starting with Commissioner Lin? LIN: Aye. ANDREWS: And Commissioner Daniele? DANIELE: Aye. ANDREWS: Commissioner Balog? BALOG: Nay. ANDREWS: Okay. Commissioner Galimba? GALIMBA: Nay. ANDREWS: And Chair Au? AU: Aye. ANDREWS: Okay, the motion does not pass, as it has only three (3)votes of support and two (2) oppose. AU: Okay, thank you. So, the applicant is still alive and I'm ready to entertain another motion if any Commission would like to entertain a motion? GALIMBA: Yeah, hang on, I want to make sure we get this. I move that a favorable recommendation be forwarded to the County Council on application for Change of Zone Docket No. 2022-000016, based on the Planning Director's recommendation, which shall be adopted. AU: Okay, thank you Commissioner Galimba. Can I get a second? BALOG: Second. AU: Thank you Commissioner Balog. Any discussions? Okay, if there's no discussion let's go ahead and take a vote. ANDREWS: Okay. So, we have a motion to forward a favorable recommendation to the County Council, starting with Commissioner Galimba? GALIMBA: Aye. 13 EXHIBIT B ANDREWS: Commissioner Balog? BALOG: Aye. ANDREWS: Commissioner Daniele? DANIELE: Aye. ANDREWS: Commissioner Lin? LIN: Aye. ANDREWS: Oh, I'm sorry I didn't catch that. LIN: Aye. ANDREWS: And Chair Au? AU: Aye. ANDREWS: The motion passes five (5) to zero (0). AU: Thank you, everybody. Thank you, Mr., and Mrs. Palmer. Thank you, Mr. Pipan, you will be notified of this this decision in writing, thank you. PIPAN: Mahalo. AU: Okay, thank you guys. J. PALMER: Thank you. L. PALMER: Thank you. The item ended at 10:36 a.m. Respectfully submitted, Melissa Dacayanan-Salvador, Secretary Windward Planning Commission 14 EXHIBIT B