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HomeMy WebLinkAbout2016-03-03 Hearing Transcript - County Council Bill 102 (Iida REZ 07-073) WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT MARCH 3, 2016 County Council Initiated Bill 102 (Re: REZ 07-073, Jin Soo A regularly advertised hearing on and Ran Hui Iida) was called to order at 9:57 a.m. in the County of Hawai‘i Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai‘i with Chairman Charles Heaukulani presiding. COMMISSIONERS PRESENT: Charles Heaukulani, Donn Dela Cruz, Gregory Henkel, Donald Ikeda, Myles Miyasato, and Raylene Moses. ALSO PRESENT: Duane Kanuha (Planning Director), William Brilhante (Assistant Corporation Counsel representing the Planning Director), Danny Patel (Deputy Corporation Counsel for the Windward Planning Commission), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner), Christian Kay (Staff Planner), and Sarah Hata-Finley (Commission Secretary). And approximately 10 people from the public in attendance. INITIATOR: COUNTY COUNCIL INITIATED (Bill No. 102 Re: REZ 07-073) A Bill amending Ordinance No. 10-110 (Applicant: Jin Soo and Ran Hui Iida), which amended Ordinance No. 08-39, which originally reclassified lands from Single Family Residential-10,000 square feet (RS-10) to Neighborhood Commercial-20,000 square feet (CN-20) zoning district for 23,559 square feet of land. Bill No. 102 proposes the amendment of Ordinance No. 10-110 by extending the deadline to submit required water commitment payment and complete the proposed commercial development and eliminate various required improvements to the Kīlauea Avenue frontage of the subject property which is located along the west side of Kīlauea Avenue, approximately 420 feet south of the Kīlauea Avenue-Puainako Street intersection at Waiākea, South Hilo, Hawaiʽi, TMK: 2-2-004:121. HEAUKULANI: We’ll move to number four on the agenda, Initiator—County Council Initiated Bill No. 102 regarding REZ 07-073. Daryn, if you would. ARAI: Thank you, Mr. Chairman. Good morning, Commissioners. If I may direct your attention to the presentation screen. What you have before you is County Council Bill No. 102 regarding properties owned by Jin Soo and Ran Hui Iida, and it’s regarding proposed amendments to Change of Zone Ordinance No. 10-110, Rezoning File No. 07-073. The subject of this bill is this particular property here outlined in black. It is located on the mauka or west side of Kīlauea Avenue, and to give you some reference points, this street here running left to right is Puainako Street. The area designated Commercial in the pink color is KTA Super Stores. Puainako Town Center is located adjacent to the south. With the property 1 EXHIBIT D being located on the west side of Kīlauea Avenue, you may see the property currently maintains a Neighborhood-Commercial zoning district which is the pink color that is also shared not only with KTA Super Stores and Puainako Town Center, but also properties at the corner of Puainako Street which includes Kai Store and the Maebo Noodle Factory, and these properties are located to the north. Further reference, and that might help you to orient, is the Klein Chiropractic Complex located on the property immediately to the south of the subject property, and that’s being highlighted by my pointer. This map is your zone district map which not only indicates the Commercial zoning in the area highlighted in the pink color but also residential uses highlighted by the various shades of yellow. This is a depiction of the General Plan Land Use Pattern Allocation Guide Map with the subject property being situated in an area designated for Low Density uses which is primary residential type of uses. In the surrounding areas represented by the orange color is Medium Density Urban which is typical of Multiple Family Residential uses as well as commercial. And, here in the dark red is the High Density Urban designation which accommodates regional type of commercial uses and which does encumber the property, the KTA Complex, as well as spills over onto the Prince Kuhio Plaza area. Bill—Council Bill No. 102—seeks to amend the Change of Zone Ordinance No. 10-110 by adding an additional time of 180 days by which to submit daily water usage calculations as required by Condition B of that ordinance; adding five additional years to relocate the proposed seed shop to the subject property as required by Condition D of the same ordinance; and finally, replacing the requirement for the installation of curb, gutter, and sidewalk with improvements with paved shoulders as required by Condition G. This is a site plan of the subject property with Kīlauea Avenue located off to your right. The pink colors represent existing structures with the pink color on the west end of the property being the existing Lani’s Beauty Salon. This pink color here is an existing garage as well as, this teal color is the proposed location of the store that they wish to establish. This would necessitate the renovation of an existing 500-square foot residence and its expansion to roughly 1,500 square feet to accommodate the proposed relocation of the seed shop to the subject property. You may also note the proposed parking lot configuration that they’re looking to accommodate and support the proposed use. This is a photo of the street frontage directly fronting the subject property, Kīlauea Avenue. You may also note the unimproved nature of the existing frontage along the subject property which is primarily driveway approaches and grass swales. This is looking to the south along Kīlauea Avenue. The subject property is in the area where these two large trees are located, and as you can see, the continued treatment or shoulder treatment along the mauka side of Kīlauea Avenue. 2 EXHIBIT D And, finally, looking north along Kīlauea Avenue, with the property off to your left indicated by the signage here for Lani’s Beauty Salon. And, again, this is Klein Chiropractic off to your left. And, again, the grass shoulder treatments along Kīlauea Avenue. The Director is recommending an unfavorable recommendation on Bill 102 as currently written, and the reasons for that is due to inconsistencies with the General Plan specifying the area for Low Density Urban and requiring curb, gutter, and sidewalk improvements along Kīlauea Avenue. The Director, although offering an unfavorable recommendation as currently written, is also offering suggestions to the County Council that expresses no objection to the additional time being requested by the Applicant to provide the water uses calculation as required by Condition C or to complete the proposed commercial development as required by Condition D. The Director is also offering for the Commission’s consideration the option of a pro rata share for the installation of curb, gutter, and sidewalk improvements when the program for such roadway improvements are formally established by the Department of Public Works. So, with that, that concludes our presentation. I stand ready to answer any questions that you may have. HEAUKULANI: Thank you, Daryn. Commissioners, any questions for staff? Thank you. Councilman Onishi, were you here this morning to make a statement on this matter? Or is there anyone here—? We have no one signed up to testify. Is there anyone here that would like to be heard on this matter? Fair enough. Commissioners, I would entertain a motion to close public testimony. IKEDA: Move to close public testimony. HEAUKULANI: By Commissioner Ikeda. MOSES: Second. HEAUKULANI: Thank you, Commissioner Moses. We’ve got a motion to close public testimony by Commissioner Ikeda; second by Commissioner Moses. Any discussion? HENKEL: I thought I saw someone in the—that wants to testify. HEAUKULANI: Oh, I’m sorry. Is there someone? HENKEL: Sorry. HEAUKULANI: It’s a morning when everyone’s shy, but I have a feeling the next matter on the agenda is going to clean that up. 3 EXHIBIT D ARAI: And, just to clarify, because this is a Council initiated bill, we’re actually speaking directly to the bill that was introduced by the County Council. It is not an applicant initiated request. HEAUKULANI: Understood. ARAI: So, that’s where the awkwardness occurs. HEAUKULANI: Yeah, understood, but if no one is going to be heard on that, I’m not sure if we took it. We had a motion by Commissioner Ikeda to close public testimony; second by Commissioner Moses. No discussion. All in favor, please signify by saying aye. COMMISSIONERS: Aye. HEAUKULANI: Opposed? None. Motion to close public testimony carries. Commissioners, a motion for action, please. IKEDA: Is there—can I ask a question to the Director? HEAUKULANI: Certainly. IKEDA: Mr. Kanuha, I approved—or how shall I say—I agree with your suggestion. Do we have to vote this down or could we approve and just eliminate his, you know, the option that he doesn’t want to pay his, you know, the frontage, and just put in the offer options for pro rata share? Because, I kind of agree with exactly what you’re stating, and somehow, whatever came out, wasn’t exactly, you know, as it stated, so maybe I have to ask Mr. Patel. Do we have to vote this down and have the— PATEL: Your recommendation can be whatever this Commission decides it wants it to be. So, if it includes some of what the Director’s recommendation was and some, and deleting some of what that recommendation was— IKEDA: —Right— PATEL: —You could do that. But, that would be by proper motion and vote— IKEDA: —Okay— PATEL: —of the Commission. ARAI: Again, bear in mind that, sorry—bear in mind that the purpose of transmitting Bill 102 down to you is to collect recommendations as well as comments so, again, it could be a specific motion whether to go unfavorable as recommended by the Director of if you feel favorable, that’s at your discretion. But, it could also include as you counsel suggested, the recommended 4 EXHIBIT D suggestions, because, again, the whole purpose of this is to also collect comments and recommendations. IKEDA: Mr. Patel, if I vote for a favorable recommendation, then can I make that amendment after the—have a second? PATEL: So, it’s going to be a favorable recommendation based on the Planning Director’s findings and recommendation but with an amendment— IKEDA: —I want to make an amendment. PATEL: Yeah, you could. IKEDA: Okay. PATEL: But you would identify the amendment in your motion, though. HEAUKULANI: It doesn’t have to be two steps. You could do it at one time. IKEDA: Mr. Chairman, I move that a favorable recommendation be forwarded to the County Council on Bill 102 regarding REZ 07-073 based on the following, for the following reasons. I believe that I would like to—can I make an amendment later or do I make the amendment now? Do I state my— PATEL: Whatever way you feel is going to be clearer. IKEDA: That’s it, then, I want to make the amendment later—or do I make the amendment now? PATEL: Mr. Chair, if we could take a short recess, then I can confer with Commissioner Ikeda to help him, I guess, phrase the motion he wants to make. HEAUKULANI: I think we’re due for a break anyway. Let’s—ten minutes. We’re in recess. Chairman Heaukulani called a recess at 10:10 a.m., and the meeting was reconvened at 10:25 a.m. HEAUKULANI: I’m going to call this meeting of the Windward Planning Commission back to order. I think when we, right before we took the break, Commissioner Ikeda was in the process of making a motion. IKEDA: Okay, I’d like to restate my motion, please. I move that an unfavorable recommendation be forwarded to the County Council on Bill 102 regarding REZ 07-073 based on the Planning Director’s recommendations and findings which shall be adopted as written. 5 EXHIBIT D MIYASATO: I’ll second. HEAUKULANI: I’ve got a— IKEDA: Discussion? HEAUKULANI: Go ahead, sir. IKEDA: The reason for, the basis for my—is that I agree with the Planning Director’s recommendation options regarding Condition G which is the pro rata share for curb, gutters, and sidewalk improvements when a program for such improvements, formally established by the Department of Public Works. HEAUKULANI: Any further discussion? Daryn, if you could please restate the motion and do a roll call vote for us, please? PATEL: Sorry, if I could just really brief, Mr. Chair, clarify. HEAUKULANI: Fair enough. PATEL: So, you’re saying that the option proposed by the Planning Director in his recommendation regarding Condition G, if that was, if that was already written in what was sent down for your review, it would have been a favorable recommendation? IKEDA: Well, what happened is the way is written, you, he was, he had to do it right now while I want to give him the option when the Department of Public Works do make a program to make curb, gutters, and sidewalks. PATEL: Regarding Condition G? IKEDA: Right. HEAUKULANI: Any further discussion? Daryn? ARAI: Okay, I’m ready for the roll. HEAUKULANI: Yes, please. ARAI: Okay, yes, thank you. Sorry, Mr. Chairman. Okay, Commissioner Ikeda? IKEDA: Aye. ARAI: Commissioner Miyasato? MIYASATO: Aye. 6 EXHIBIT D ARAI: Commissioner Dela Cruz? DELA CRUZ: Aye. ARAI: Commissioner Henkel? HENKEL: Aye. ARAI: Commissioner Moses? MOSES: Aye. ARAI: And Mr. Chairman. HEAUKULANI: Aye. ARAI: Mr. Chairman, motion carries with six aye votes. HEAUKULANI: Thank you, Daryn. The discussion ended at 10:28 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 7 EXHIBIT D