The URL can be used to link to this page

Home My WebLink About2024-02-01 Windward Exh A (Item #1 Aloha Kia) IWINDWARD PLANNING COMMISSION COUNTY OF HAWAI`I HEARING TRANSCRIPT FEBRUARY 1, 2024 A regularly advertised hearing on the application of ALOHA KIA (REVOKE PL-SMA-2023- 000032) was heard at 9:05 a.m. in the County of Hawaii Council Chambers in Hilo, 25 Aupuni Street, Hilo, Hawaii with Chair Dennis Lin presiding. COMMISSIONERS PRESENT: Dennis Lin, Lauren Balog, Louis Danielle I11, Matthias Kusch, and Chantel Perrin. COMMISSIONER EXCUSED: Wayne De Luz ALSO PRESENT: Suzanna Tiapula, Esq. (Counsel for the Commission), Jean Campbell, Esq. (Counsel for the Planning Department), Jeffrey Darrow (Deputy Planning Director), Christian Kay (Planner), Tracie-Lee Camero (Zoom Host), and Melissa Dacayanan-Salvador (Windward Planning Commission Secretary). And ten members from the public were in attendance. APPLICANT: ALOHA KIA (REVOKE PL-SMA-2023-000032) Request to revoke Special Management Area Use Permit No. PL-SMA-2023-000032, which was granted by the Planning Commission on September 1, 2023 to allow for the development of a new car dealership and service station on 1.795 acres of land situated within the Special Management Area. The subject property is located at 92 Kalaniana`ole Street, Waiakea, South Hilo, Hawaii, TMK: (3) 2-1-006:002. Secretary's Note: [indecipherable] indicates that there were technical and/or internet difficulties, which made the conversation inaudible. LIN: We'll move on to New Business. We have agenda item No. 1. Applicant Aloha, sorry, Aloha Kia revoke application number PL-SMA-2023-000032. Request to revoke Special Management Area Use Permit No. PL-SMA-2023-000032 which was granted by the Planning Commission on September 1, 2023 to allow for the development of a new car dealership and service station on 1.795 acres of land situated within the Special Management Area. The subject property is located at 92 Kalaniana`ole Street approximately 760 feet northwest of its intersection with Kanoelehua Avenue, Waiakea, South Hilo, Hawaii, TMK: (3) 2-1-006 parcel number 2. At this time we will bring up staff, Christian. Thank you. KAY: Thank you, Chair Lin. Good morning to you and to the members of the Windward Planning Commission. Welcome Commissioner Kusch. This one's pretty straight forward. This was an SMA permit that was approved concurrently with a rezone recommendation up to the County Council because the rezoning ultimately failed at the County Council, what was approved under the SMA permit can no longer be developed currently. In the past we have had 1 EXHIBIT A conditions of SMA that would link the approval date of the SMA to the rezoning approval. In this case we didn't have it, hence the applicant is requesting a revocation of this SMA permit. I'll be happy to answer any questions the Commission may have. LIN: Thank you Christian. Commissioners, any questions on this application? Okay, seeing none. Applicant? [Male from the audience came up to the testifier table]. If you could please raise your right hand. Do you swear or affirm to the tell the truth on this matter now before the Windward Planning Commission? MALE AT TESTFIER TABLE: I do. LIN: Please speak directly into your microphone and state your name, the area you reside in and whom you represent. PIPAN: John Pipan, Land Planning Hawaii representing the applicant, Aloha Kia. I reside near Honoka`a. LIN: Okay and have you received the reports from the Planning Commission or Planning Department regarding this matter? PIPAN: Yes, we have. LIN: And do you agree and have any further comments? PIPAN: Yes, we do agree. Just a little explanation. I feel like I owe the Commission a bit of an apology. When I do raise my hand and swear to tell the truth I do take that seriously and unfortunately, I did misrepresent a fact of the matter at my appearance before the Planning Commission. I stated that the current tenants of the building were well aware of the plans in its entirety and unfortunately due to a miscommunication. A critical miscommunication with the property owner like a bad telephone game they weren't aware of the whole scope of the project unfortunately. That did come out at the County Council and just kind of soured the whole process unfortunately. So, I feel bad for Aloha Kia, I apologized to them too. You know, having a project be consistent with the General Plan and mitigate all potential impacts with respect to Special Management Area and all of that is not enough obviously. You've got to engage with the community early and often in the process and I'm taking that lesson to heart with future projects not only in this area but in other areas of course. So, again apologies and I'm here to answer any questions you might have. I think it is maybe important to note this is the last month of this early public comment period for the new draft General Plan coming out. That this draft General Plan Land Use Pattern Allocation Guide Map still identifies this property as Industrial. You know, that's what we are intending to do, a rezone for industrial uses, and it didn't work out. We had good support up until that last moment so, Aloha Kia is still you know on a ticking clock their lease is running out and so. The bottom line is there's not adequate zoning for them to relocate from their leasehold and that was the impetus, that was the reason for this rezoning in the first place. And I think it is crucial that the General Plan be informed by the CDP's and in this case the lack of a really working Hilo CDP kind of muddies the water and 2 EXHIBIT A makes for the potential for errors like this to occur. So, it's crucial that the General Plan be informed by the CDP's and yeah,just bigger picture items here. Thanks. LIN: Thank you, Mr. Pipan. Commissioners any questions or comments for Mr. Pipan? DARROW: Thank you, Mr. Chair. Just a matter of housekeeping. Unfortunately there was some confusion regarding the posting of the agenda, and I just want to clarify on the record. That we did post the correct address and TMK for the property but apparently in regard to a connection between an intersection where Kalaniana`ole meets with Kamehameha Avenue. There's a disconnect there. So, to correct the record it actually is the distance from the intersection of Kamehameha Avenue and Kanoelehua 760 feet northeast from that intersection. So,just so we can clarify the record on that. Thank you. LIN: Thank you, Director. Okay, any other questions? Okay. I'll now ask for a motion for action on this matter. DANIELE: I move to approve the revocation of Special Management Area Use Permit Docket No. PL-SMA-2023-000032, based on the Planning Director's recommendation which documented the consequences of the denial of the associated Change of Zone request in PL-REZ- 2023-000047 for the applicant. LIN: Okay. It's been moved by Commissioner, Vice Chair Daniele for approval of revocation. Is there a second on this motion? PERRIN: I second. LIN: Okay, seconded by Commissioner Perrin. Any discussion or comments on this motion? Okay, seeing none. Okay, staff, roll call vote please. KAY: Yes, thank you Mr. Chair. Commissioner Daniele? DANIELE: Aye. KAY: Commissioner Perrin? PERRIN: Aye. KAY: Commissioner Balog? BALOG: Aye. KAY: Commissioner Kusch? KUSCH: Aye. 3 EXHIBIT A KAY: And Chair Lin? LIN: Aye. KAY: Thank you, Mr. Chair motion carries five nothing. LIN: Thank you very much. You'll be notified in writing. The item ended at 9:14 a.m. Respectfully submitted, Melissa Dacayanan-Salvador, Secretary Windward Planning Commission 4 EXHIBIT A