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HomeMy WebLinkAbout2010-11-10 TPD_Use Permit _SCHOOLS WINDWARD PLANNING COMMISSION COUNTY OF HAWAIÒI HEARING TRANSCRIPT NOVEMBER 10, 2010 PLANNING DIRECTOR’S AMENDMENT TO A regularly advertised hearing on the CHAPTER 25 RELATING TO USE PERMITS AND SCHOOLS was called to order at 11:49 a.m. in the County of HawaiÒi Councilroom , County Building, 25 Aupuni Street, Hilo, HawaiÒi, with Chairman Rell Woodward presiding. COMMISSIONERS PRESENT: Rell Woodward, Dean Au, Takashi Domingo, Zendo Kern, and Wallace Ishibashi. STAFF PRESENT: Gerald Takase (Deputy Corporation Counsel), BJ Leithead Todd (Planning Director), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner) and Maija Cottle (Staff Planner). And 5 people from the public in attendance. ABSENT AND EXCUSED: Stephen Ono INITIATOR: PLANNING DIRECTOR Amendment to Chapter 25 (Zoning Code), Article 2 and Article 5 of the HawaiÒi County Code, 1983 (2005 Edition, as amended), relating to Use Permits and Schools. WOODWARD: The next item on the agenda is No. 6. Initiator is Planning Director , Amendment to Chapter 25, Article 2 and Article 5 of the HawaiÒi County Code relating to Use Permits and Schools. Mr. Arai, are you going to do this one? ARAI: Yes. The proposed bill thatÓs before you is to amend the Zoning Code in order to allow the landowners and the applicants the option of applying for a use permit to establish a school in the Industrial-zoned district and in the Resort-zoned district. The Zoning Code currently prohibits schools within, as an outright permitted use within certain Industrial-zoned districts and the Resort-zoned district. And it also prohibits even consideration of a Use Permit application to allow schools within those zoned districts. So this particular attempt here is simply to provide those opportunities. Because as explained in the background report there are schools that could be considered very reasonable within either the Resort- or the Industrial-zoned districts. And we feel that we should at least provide for those opportunities. On page 2 of your background report, our apologies but we did misspeak. In the second paragraph which starts off, ÐSome of these proposals on lands zoned for resort and industrial uses,Ñ if you look further down in the middle of the paragraph thereÓs a sentence that starts off ÐA vocational school that teaches welding is not permitted in the Industrial-zoned district.Ñ That is not entirely correct. We discovered that vocational schools are permitted within the Limited 1 EXHIBIT B Industrial-zoned district. It is not permitted in other Industrial-zoned areas. So that sentence is not entirely correct. If you will allow me, I would like to just simply state what I think is the proper sentence. It doesnÓt change the recommendation, it just clarifies it. That sentence should read, ÐA school is not permitted in certain Industrial-zoned districts and, again, there is no opportunity to apply for a Use Permit.Ñ And the following sentence should read, ÐBoth of these schools,Ñ include the word ÐÓinÓ certain circumstances, would appear to be a totally reasonable thing to permitÈ.Ñ And the remainder of the sentence will remain as structured. With that being said, the Director encourages you to vote favorably on this proposed request. I stand ready for any questions. WOODWARD: Very good. All right, any questions? Seems fairly straight forward to me. Okay, anybody from the public? Nobody from the public, Sharon? NOMURA: One. WOODWARD: One. ARAI: Mr. Chairman? WOODWARD: Yes. ARAI: My apologies, we do have letters that were submitted in support of this application. Letter from Kumu Lehua Veincent, Principal of Keaukaha School. LiÒi Nhiwa of the University of Hawaii also submitted testimony. Donnette Leilani Kapono by letter dated st November 1 also submitted testimony. Leinani Whittaker of KaÒUmeke KÒeo , Olani Lilly, and KaÒaka Swain all submitted testimony in support of this bill. And copies have been distributed to all of you. WOODWARD: Right. Okay, thank you. And we have Ms. Leilani Lilly here to amplify on her testimony, I guess. LILLY: Yes. WOODWARD: Okay. All right, good morning. If I could get you to raise your right hand. Do you swear or affirm to tell the truth today before the Windward Planning Commission? LILLY: I do. WOODWARD: Very good. If youÓll give us your name and address and then you may begin. LILLY: My name is Olani Lilly. My work address is 222 Desha Avenue in Keaukaha, Hilo. WOODWARD: Okay. LILLY: You need my residential address as well? 2 EXHIBIT B WOODWARD: No, thatÓs fine. LILLY: I represent KaÒUmeke KÒeo, Hawaiian Immersion Public Charter School, located in Keaukaha. We are in support of this amendment. You have my testimony. I wonÓt say anything more, except that we hope that you support this amendment as well. And I think it has broader implications for charter schools, which are so vibrant on this island. It will probably provide more opportunities for them to be located within the community that they serve. Mahalo. WOODWARD: Very good. Thank you. Any questions for Ms. Lilly? No. Thank you very much. Yu may be seated. Okay, would somebody like to make a motion? Commissioner Domingo. DOMINGO: Mr. Chairman, I move for the approval of the submission by the Planning Director with regards to the Zoning Code Amendment. WOODWARD: Favorable recommendation? DOMINGO: Yes. WOODWARD: Okay. We have a second? KERN: Second. WOODWARD: Okay. Any discussion? DOMINGO: Mr. Chairman, I just note that, you know, now weÓre going to permit these schools to be situated in Industrial areas. I think itÓs appropriate cause we have that new zoning designation, the MCX, which provides for commercial uses and industrial uses, combination. So I think this is, it complements each other. WOODWARD: All right, very good. Madam Director. LEITHEAD TODD: Just for informational purposes, you know, one of the reasons we included Industrial was the fact that at NELHA there actually is a charter school that has been using its facilities, because not all Industrial is the same; and that one, you know, their students are actually involved with some of the projects there. And then on the Resort, what, where some of this came up was in Keaukaha. There are specific properties that are actually zoned Resort that are not being utilized as resort properties; and because the structures are larger they kind of lend themselves to potential uses of a charter school. One is the ol used just as an office right now for the Charter School, and then the other is the Bay Clinic. And while the property owners are amenable to letting charter schools operate there they were kind of, well, they were hesitant to go and unzone or change the zoning of their properties, because you know how hard it is to get Resort zoning on this island. ThatÓs what prompted this. 3 EXHIBIT B WOODWARD: All right, thank you. Any further discussion? Okay, seeing none, Daryn, letÓs take a vote. ARAI: Commissioner Domingo? DOMINGO: Aye. ARAI: Commissioner Kern? KERN: Aye. ARAI: Commissioner Au? AU: Aye. ARAI: Commissioner Ishibashi? ISHIBASHI: Aye. ARAI: And Mr. Chairman? WOODWARD: Aye. ARAI: Mr. Chairman, motion carries with five aye votes. WOODWARD: Very good. The discussion ended at 11:5 a.m. Respectfully submitted, Sharon M. Nomura, Secretary Windward Planning Commission 4 EXHIBIT B