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HomeMy WebLinkAbout2007-07-20 TSUPERSTORE PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT JULY 20, 2007 A regularly advertised hearing on the PLANNING DIRECTOR INITIATED AMENDMENT TO CHAPTER 25 RELATING TO SUPERSTORESwas called to order at 3:47 p.m. at the - Waikoloa Beach Marriott, Naupaka III, 69275 Waikoloa Drive, Waikoloa, Hawaii, with First-Vice Chairman C. Kimo Alameda presiding. PRESENT: C. Kimo Alameda ABSENT & EXCUSED: William Graham Takashi Domingo Alvin Rho Andrew Iwashita Rodney Watanabe Shelly Ogata Rene’ Siracusa QdkkVnncv`qc Ivan Torigoe, Deputy Corporation Counsel Brooks Bancroft, Deputy Corporation Counsel Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner And approximately 10 people from the public in attendance. INITIATOR: PLANNING DIRECTOR Amendment to Chapter 25 (Zoning Code), Hawaii County Code 1983 (2005 Edition), as amended, to create a “superstore” zoning district, which would be the only zoning district where a “superstore” would be allowed. ALAMEDA: We are moving onto the final agenda item for today. It’s a -, actually we don’t have Mr. Yuen, so I -, Dr. Darrow? Will you be -? Okay. DARROW: Thank you, Mr. Chairman. ALAMEDA: All right. Mr. Darrow. DARROW: The last item on the agenda, which may have caused some confusion th being that we sent in an addendum to our July 20 agenda out on a separate page. This was after we had submitted the first agenda. But basically this is the Planning Director’s initiative amendment to Chapter 25 to create a Superstore Zoning District, which would be the only Zoning District where a superstore would be allowed. This is in response to the County Council action to ban superstores. At our last hearing, there was a vote on the County Council initiative, which did not pass; it was four votes to two. And therefore, an unfavorable recommendation will be sent to the County Council on that request. The Planning Director’s initiated amendment was heard at the last Kona, but it was not agendized.This time it’s been agendized, and therefore it’s been published for East Hawaii and West Hawaii. And I guess that’s basically it. We did take EXHIBIT F 1 quite a bit of testimony at our Hilo meeting, and it looks like we’ve got quite a bit of testimony for today. ALAMEDA: Thank you. So is that the presentation supposedly by the Director? Can we move on to -? DARROW: Our Director has left the building. ALAMEDA: All right. Well, we’ve heard this presentation already, and I think we can move forward to testimony, if there is no objection or if you have maybe questions for Mr. Darrow. Seeing none, I’d like to call up -. DARROW: I can -. ALAMEDA: Yes, go ahead. DARROW: Just real quickly. Just in response to -, it appears some of the reasons why the County Council bill did not pass, that was the concern that the definition could somehow be flawed. And the Director’s initiative is in response to that, so that if there is a request for a superstore, a superstore would have to be placed in a Superstore District, and to do that you would have to go for a change of zone; and so that particular request would come before the Commission and the Council and be reviewed in great details. So that’s as if it gives an opportunity for the public, for the Commission and the Council to be able to act on the particular request to allow a superstore in whatever area it would come in for the request, and then at that time they can look at the infrastructure and whatever other issues that may come in to play regarding the request. ALAMEDA: Ms. Siracusa? SIRACUSA: Based on the questions about the definition that both Commissioner Woodward and I have raised, and members of the public as well, did the Director possibly say anything to you about why he did not change the prepositions that separate the three conditions, namely, you know, instead of “and”, you know, make that “or” -? DARROW: He did not -. SIRACUSA: Conjunctions, sorry, not prepositions. DARROW: Yeah. That might be something that can be further clarified by the Council, and maybe they could amend their request. SIRACUSA: Because that would address that entire concern. WOODWARD: Mr. Chairman. ALAMEDA: Mr. Woodward. EXHIBIT F 2 WOODWARD: Yeah, I know that Kauai has an Ordinance in effect now, and it’s based purely on square footage. And I don’t care what you call a 150,000-square foot store; it’s a superstore. I mean if it’s a retail outlet, it’s a superstore. So I think if you really want to make effective legislation, you need to pick a number and not add the other conditions, which also have to be met, because as we’ve said, that legislation can easily skirted. DARROW: Yeah, this -. ALAMEDA: Mr. Darrow? DARROW: I’m sorry. I was just going to mention that this is something that would be on the record for the Council, and hopefully they will take this into consideration. And maybe that might be a proper way to go, especially if the Planning Director’s initiative doesn’t pass as well. ALAMEDA: Okay. Commissioner Siracusa? SIRACUSA: Yes, I have one other question. Do you have any indication whether these two forms of the superstore bill will come up at the same time to the Council, or whether the one that failed here will go up first and to be followed later by whatever we decide on today? DARROW: We don’t have any indication. There has been a request by the Director, but it’s going to be up to the Council. ALAMEDA: Any other questions for Mr. Darrow? Seeing none, we do have testimony. Thank you, Jeff. I’d like to call up Greg Gauthier, Scarlett O’Hara Bill and Craig Nishida. Please come forward. Before I swear you in, I’d like to again thank you for coming. I know coming here is like taking off from work or finding babysitters, so I appreciate your time here. Please raise your right hands. Do you swear or affirm to tell the truth now before the Hawaii County Planning Commission? TESTIFIERS: I do. ALAMEDA: Thank you. I’ll start from my far right. Craig, please state your name and address for the record. NISHIDA: Hi, my name is Craig Nishida. Address: 91-2048 Luahoana Street. I’ve been before you guys a couple of times already about that other amendment. The same type of argument with this. Superstore District would create a huge burden on that area’s infrastructure. Putting all of the superstores in one area would encourage people to waste gas to take a round trip to that place, time and money, pollution as well. And another thing is that I know that issue of competition came up that, you know, a bill like the last one would interfere with competition. The large corporations that build superstores, what they do is they under-price until the competition is gone, and then they raise their prices. There is no competition. Small local businesses cannot compete. They cannot dictate to supply what they pay for their products like a big corporation can; they take what’s offered. And the last thing that’s a flaw in this bill is, just like prisons and landfills, nobody’s going to want it in their area. So where are you going to put it? Middle of the volcano might work. Thank you. EXHIBIT F 3 ALAMEDA: Thank you. Any questions for Craig? All right. I appreciate your testimony. Thanks, again. Greg, would you like to state your name and address for the record? GAUTHIER: Greg Gauthier. I’m just moving this weekend to Wainaku, and I haven’t memorized my address. But moving from Waimea, which I do know my address there: P. O. Box 6412, Kamuela, Hawaii 96743. ALAMEDA: Okay, okay. GAUTHIER: I don’t -, Wainaku boy. ALAMEDA: So you don’t know your address in Wainaku right now? GAUTHIER: Not yet -. ALAMEDA: Okay, you can’t testify. No, just kidding. All right. Go ahead, go ahead. You can proceed with your testimony. GAUTHIER: Okay. I’m going to read off a letter I addressed to William Graham, but this is for you folks. And I apologize because the bottom half -, I’ve been educated since during this meeting in regard to the bottom half. But I’ll read it anyways just – you can throw darts at me – just for fun. It’s Friday. It is with great respect that I come before you as a citizen of this wonderful County of Hawaii as part of the great democratic process we value. Today, you along with your esteemed fellow volunteers who join you as Planning Commissioners have been asked to review the Amendment to Chapter 25 of the Zoning Code initiated by the Planning Director, which would create a Superstore Zoning District. I humbly request that this Commission not support this amendment. I would like to remind this Commission that on July 6, 2007, the amendment to not permit superstores of a particular size and product ratio in this County was in fact supported by a majority of those present, and this particular amendment seems to scoff at the decisions made on that day. As you recall, both this current amendment and the previously supported amendment to not permit superstores were scheduled to be heard, discussed and – at the time I believed – voted upon on July 6, 2007. How disappointing it must have been for those West Hawaii residents who traveled so very far to Hilo on that day to find out that the this amendment would not be decided on July 6, 2007, and that the issue would be taken up at a later date at a different location. One might have been led to wonder if that is a fair strategy as it was neither originally advertised that way nor voted upon by the Commission. Those West Hawaii residents may not have had to feel forced to travel such a great distance to speak on this issue, if there was a clear choice as to the venue. But this dynamic also leads one to ask what – and maybe I can be clear – the parameters are for this Commission as it relates to the modification of venue as it relates to a previously publicized Commission meeting and vote. Can a Kona or Hilo resident reasonably expect that every previously publicized issue that is to be heard by this Commission might not actually take place on the day it has been advertised as such, or will the Commission take, does the Commission take every issue to both sides of the island before making a decision? EXHIBIT F 4 And then I have one more sentence before you folks hopefully respond to that. In summation I am opposed to the Superstore District amendment as I believe that it is inconsistent with the Planning Commission’s previous majority vote not to permit superstores on July 6, 2007. ALAMEDA: All right. Any questions for Greg? Commissioner Siracusa? SIRACUSA: Well, it’s not exactly a question, but I think there has been some misperception on the part of the general public about coming out to Kona for people’s mana‘o. And I think we should clarify that, so we don’t hear the same thing from everybody who comes up; and that is that the first time they had failed to agendize it properly, and there was a Kona meeting, and the other -, the County initiated resolution was on the agenda but not the Director’s one that we’re hearing today, and although it was not agendized we did hear testimony on it. Okay? The second time we had it cancelled. And this happens sometimes because there wasn’t a quorum. And we can’t do business without a quorum. It’s not like we can just sit here, and take testimony, and not make a decision; we can’t even take the testimony. And so it wasn’t like there was something deliberate or scheme of foot or something like that; it’s just the way things happened that some people couldn’t make it to Kona. And I was one of them; my car died, I couldn’t get here. So that sort of thing happens. As soon as Sharon knows that there is not a quorum, she takes immediate action to cancel. But not everyone finds out in time about that, and we regret that. But that’s just, you know, that’s life, so -. ALAMEDA: All right. Any questions for Greg? Thank you, Greg, for your testimony. Appreciate your coming. Ms. Bill? BILL: I want to thank you for allowing me to have something to say again -. ALAMEDA: Okay, how about -. BILL: And the warmth of Mr. Domingo making me feel comfortable. I’d like to say a prayer for Hawaii for all of us -. ALAMEDA: How about -. BILL: If you don’t mind -. ALAMEDA: How about you give your name and address for the record first? BILL: My name is Scarlett O’Hara Bill. ALAMEDA: Is your prayer long? BILL: No. ALAMEDA: Okay. Did we get your address? Did we get it? I’ve got address, yeah? Oh, your address, your home address? BILL: My address? 73-4820 Anini Street, Kailua-Kona. I’m on the corner of Anini and Hina Lani where there have been so many deaths. EXHIBIT F 5 ALAMEDA: Thank you, Ms. Bill. You can go ahead and proceed. BILL: I would like to think about an unconscionable act of not seeing this island as very specifically different from any other island in the world, in the middle of the largest body of ocean that there is. This is an island that has specific and unusual flora and fauna, unlike any other area in the world. I’ve talked to those who are involved in ornaments and environmental atmospheric effects at the United Nation. This is a very special island where we saw goats just two days ago, my husband and I, at the little round here nearby, and they were all different, different ages; you can see there is an old man and an old woman and little babies, and they were trying to get across this circle right over near us. And it’s a nice circle. And I would like to address circles and windmills for this island, as they have been proposed on Maui. So that we can perhaps have a place that would allow the development that you can see. And you’re bombarded by all these people who want to develop. Yes, if we don’t, if we don’t grow, we fail. . We fail our taxes, everything We’re people who live here, and we’re trapped on a beautiful island that has incredible resources. And to utilize them wisely, I’d like you to take a look at the carpet. The carpet has windmills. It takes your eyes away from the intensity of the information, and then you realize what a wonderful design they made. That will take the toxins off our island, and they are parallel in the airport in Tenerife, Canary Islands. Canary is ruled by Spain, but they take it away. They take it, so that they can proceed with their huge development. It has a same impact as here, but, but triple -, it’s far, far beyond what we can cope with right at this moment. We are coping with the growth of a superstore. Tenerife has decided to make circles, instead of using lights where we stop and choke for five, five miles almost to the airport, almost eight miles into Kona; we are choked on single-lane highways. They are using circles. So I would propose that you look at it and the future.And I’m going to make this very short that to say there would be a circle at the airport, the Keahole Airport, which is now called Kona Airport. A circle that would include an exchange going into OTEC and an exchange going to Kona on the Queen Kaahumanu road, an exchange going to the Pines – I don’t know the names of that street, someone told me but the Pines that going up mauka that’s paralleling Hina Lani at the time – an exchange going so that they come up that circle into Kaiminani and to the agricultural area, so that that would be one circle that would be proposed to be done immediately before any other ideas of designs are proposed for road design. I propose also windmills to take the toxins away from the airport, so we can grow. The next place that should have the same kind of design – and it would probably have been moved up to Makalapua – would take in Palani Road and Kaiwi and the road to Henry Street, and the road that’s emptying in a new development down on Kuakini Highway that if they have a circle in there, maybe it would have to be moved over north of the Lanihau subdivision. But to make a circle there, because we have so many deaths. We have so many deaths at Hina Lani, at the Hina Lani/Queen turnoff from Costco. We have so many deaths. We’ve had so many on the Hina Lani connecting to Palani Road, at our corner and on up. And now we have a choking condition whereby the entire Kailua Village would die, if we, if we do further that we’re -. We’ve lost 60% of our business, and it has been written, and I have written another letter to tell you about these circles. I’d be happy to submit my view-cam recording of what they are doing in Canary Islands, so we can move to future. We’re futuristic. We’re the best. We are the best island. And we have an opportunity to change our whole scope from a vision above, and make that so beautiful, so that we would have an animal sanctuary -. ALAMEDA: All right -. EXHIBIT F 6 BILL: We would have our areas for shopping, and we would have appropriate road length to take our children to school -. ALAMEDA: I got you -. BILL: Thank you very much. ALAMEDA: I got you. Thank you. Any questions for Ms. Bill. Seeing none, you may be seated. Okay, Fellow Commissioners. Where are we at? SIRACUSA: Are there more testifiers? ALAMEDA: No more testimony? Commissioner Ogata? Commissioner Ogata, did you have something to share? OGATA: No. ALAMEDA: About circles? No? Okay. We are now at the point where we can, I guess, deliberate or make a motion. It’s up to you, Fellow Commissioners. What’s your pleasure? Commissioner Domingo? DOMINGO: Mr. Chairman, you know, we’ve had concert rule discussion on this issue within the Commission and – although maybe some of us were not here – I’m ready to, I’m ready to consider this issue, and be listening to any kind of motions, or I myself would make a motion. ALAMEDA: Okay. Sure. WOODWARD: Mr. Chairman? ALAMEDA: Mr. Woodward? WOODWARD: I believe we are up against a wall on this one as far as time, aren’t we, Mr. Torigoe? TORIGOE: Yes, that’s my understanding that you have to make decision one way or the other with five votes today, or it goes up a default negative recommendation. ALAMEDA: Okay. Also can I just – I wasn’t here at the last meeting, so I don’t know – is it appropriate to ask what was the vote? Well, I was there in the past, but -. Was it a four- two or -? DOMINGO: You’re speaking to -, Mr. Chairman? ALAMEDA: Yes, Mr. Domingo. DOMINGO: You are speaking to the proposal to ban superstores, yeah. EXHIBIT F 7 ALAMEDA: That’s the proposal on the table right now, yeah? DOMINGO: Yeah, it was a four-two decision on that. ALAMEDA: Awesome. DOMINGO: There’ll be no majority -, nothing can happen -. ALAMEDA: Oh, yeah, yeah, okay. All right. I’m back on track now. Okay. All right, I’m ready to entertain a motion. SIRACUSA: A question. I have a question -. ALAMEDA: A question, Commissioner Siracusa? SIRACUSA: Can we amend this resolution, amend the definition of superstores that’s in this resolution to delete the conjunctions “and,” and replace them with the conjunctions “or”? TORIGOE: Well, the Rule says that you are supposed to transmit the proposed changes in ordinance together with its recommendation. So you can’t technically amend it, but you can send it up with, you know, a suggestion or a recommendation that you change the definition in certain way, if you want to. SIRACUSA: Would that have to be as part of the motion then -? TORIGOE: That’s what I would recommend, if you want to do that. -. SIRACUSA: Whether the motion is for or against? Or would it have to be a separate motion sending a recommendation to the Council that they consider that change when they look at both resolutions, both the County generated one and the Director generated one? TORIGOE: I think depending on what your recommended change is, you know, it could be either way. I mean if you want to send up a recommendation that is positive, but with the recommendation that you change the definition of superstore to XYZ, you can do that. Or if you want to send a negative recommendation, you can say it’s negative unless they change the definition as you would recommend. DOMINGO: Mr. Chairman? SIRACUSA: Except some of us might feel that it’s negative anyway, with or without that, you know -. TORIGOE: Right, that -. ALAMEDA: Right. SIRACUSA: That grammatical change, so -. EXHIBIT F 8 ALAMEDA: Commissioner Domingo? DOMINGO: Mr. Chairman, I move for the denial action on the Planning Director’s recommendation for a special zoning district for superstores. ALAMEDA: Okay. IWASHITA: Second. SIRACUSA: I’ll second. ALAMEDA: All right. So I understand it very clear, Commissioner Domingo, so that means that you’re making a motion for a negative recommendation. DOMINGO: Yes, a negative recommendation. ALAMEDA: Okay. And it was seconded by Commissioner Iwashita. IWASHITA: Thank you. ALAMEDA: Okay. Discussion? Commissioner Woodward? WOODWARD: I think the biggest problem – well, there are several problems – but the biggest problem is again the question of definition. And I think the only way you’re going to make this work is to have a definition based purely on square footage; that’s what Kauai has done. You start adding these other conditions that they also have to meet, or violate, depending on how you look at it, to be qualified as a superstore, you’re just asking people to get around a regulation. So I would just let the record show I would vote to send a negative recommendation, but I’d like the record to show that the problem I think with both of these regulations that has caused some of us to vote against them has been the problem of definition that’s not enforceable. ALAMEDA: Commissioner Iwashita? IWASHITA: Thank you, Mr. Chair. I will be voting to send a negative recommendation. And just for the record, you know, I was not able to attend the prior meeting where the four-two vote taking place, and I would have, in that case, voted -, I would have been No. 5, if I was there. I agree with the concerns that Commissioner, my friend, Rell here has raised as far as definitions.But I would have sent it up and said, this is a good idea, change the definition, make it work better. So that’s it. ALAMEDA: Thank you, Commissioner Iwashita. Commissioner Ogata? Okay? I’m going to get you to speak in at least one of these Commission meeting. Just kidding. All right. Well, seeing no further discussion, I think we are ready for a vote here. Mr. Darrow? DARROW: Thank you, Mr. Chairman. The motion before us is to send an unfavorable recommendation to the Hawaii County Council on the Planning Director initiated amendment to Chapter 25 regarding superstores. With that I’ll take the roll. Commissioner Domingo? EXHIBIT F 9 DOMINGO: Aye. DARROW: Commissioner Iwashita? IWASHITA: Yes. DARROW: Commissioner Ogata? OGATA: Aye. DARROW: Commissioner Siracusa? SIRACUSA: Aye. DARROW: Commissioner Woodward? WOODWARD: Aye. DARROW: And Mr. Chairman? ALAMEDA: Aye. DARROW: The motion passes, six to zero. ALAMEDA: Very good. All right. The discussion ended at 4:14 p.m. Respectfully submitted, Noriko Sauer West Hawaii Secretary EXHIBIT F 10