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HomeMy WebLinkAbout2016-07-07 Hearing Transcript - PD Initiated Accessible Parking RqmtsWINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT JULY 7, 2016 A regularly advertised hearing on the Planning Director Initiated Amendment to Chapter 25, Article 4, Division 5, Section 25-4-55 of the Hawaii County Code 1983 (2005 Edition, as amended) was called to order at 11:08 a.m. in the County of Hawaii Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii with Chairman Gregory Henkel presiding. COMMISSIONERS PRESENT: Gregory Henkel, Joseph Clarkson, Donn Dela Cruz, Myles Miyasato, and Raylene Moses. ABSENT & EXCUSED: Donald Ikeda. ALSO PRESENT: Duane Kanuha (Planning Director), Danny Patel (Deputy Corporation Counsel for the Windward Planning Commission), Susan Gagorik (Planning Program Manager), Jeff Darrow (Staff Planner), Maija Jackson (Staff Planner), Christian Kay (Staff Planner), and Sarah Hata-Finley (Commission Secretary). And 1 member from the public in attendance. INITIATOR: PLANNING DIRECTOR An ordinance amending Chapter 25, Article 4, Division 5, Section 25-4-55 of the Hawaii County Code 1983 (2005 Edition, as amended), relating to parking for persons with disabilities. The purpose of the proposed amendments is to update accessible parking requirements in favor of compliance with applicable Federal and State requirements applicable to parking for persons with disabilities. HENKEL: Okay, Item No. 5 under New Business—the Planning Director's initiative. An ordinance amending Chapter 25, Article 4, Division 5, Section 24-4-55 of the Hawaii County Code 1983 (2005 Edition, as amended) relating to parking for persons with disabilities. The purpose of the proposed amendments is to update accessible parking requirements in favor of compliance with Federal and State requirements applicable to parking for persons with disabilities. So, we've got a new presenter, Susan Gagorik, please. GAGORIK: Good morning. My name is Susan Gagorik, and I'm with the Administrative Permits Division at the Planning Department. So, today's agenda item, on the proposed amendment to Chapter 25 relating to parking for persons with disabilities. In 2010, the Department of Justice published new accessibility standards called the 2010 ADA Standards for Accessible Design. These standards went into effect on March 15, 2012. Among other accessibility requirements, this document included EXHIBIT D updated standards that govern parking for persons with disabilities. A little snapshot of the document. So, why do we need this change? The County of Hawaii Code, Chapter 25 includes a Section 25-4-55 entitled, "Parking for Persons with Disabilities." This section includes information to guide developers on designing parking to accommodate persons with disabilities for new and altered sites. So, rather than amend the County Code whenever a governing State or Federal regulation changes, the Department recommends that the current wording be replaced with a simple compliance statement. And, this is important because integral to developing plans for a project is that they be in compliance with new regulations. The Planning Department will post applicable references and links on our website, including a link to the State Department of Health, Disability and Communications Access Board website. And, this local website posts resources for guiding the public in designing accessible parking spaces. Just a snapshot of the DCAB website, and as you see on the top, there's a reference to parking. And, to assist the public, DCAB did design a booklet that incorporates both Federal and State Hawaii requirements for developing parking. So, again the Planning Director's recommendation is to replace the current wording with the following statement. "Parking for persons with disabilities shall comply with all applicable federal and state requirements for the facility or site." Are there any questions? HENKEL: No questions from the Commission? That concludes your presentation. I'm a little confused. Is that the initiator present? I mean, do I have to call Duane up here to testify or anything? PATEL: If he wants to say anything, actually he could. HENKEL: Do you have anything to say about it? KANUHA: No, I think it speaks for itself. CLARKSON: I do have a question. So, I see the version of 5-4-55 [sic] with everything stricken out and that sentence substituted, and then there's another one that just has references to the Federal and State laws and names them without going into all the details of what's in them. Is that another—somebody else's proposal? 2 EXHIBIT D GAGORIK: No. Yeah, that was initially discussed when we first talked about the amendments. We thought we would include the references, but after talking with our Corp. Counsel and discussing it further with our ADA Coordinator, we agreed that it would be best to just include a simple reference that says you comply with all the Federal and State requirements. CLARKSON: Okay, thank you. HENKEL: Nobody has signed to testify. Is there anybody out there that would like to testify on this? Then, I move that or I'm looking for a motion to close public testimony. MIYASATO: I make a motion to close public testimony. DELA CRUZ: Second. HENKEL: It's been moved and seconded by Commissioner Miyasato and Commissioner Dela Cruz. All in favor? COMMISSIONERS: Aye. HENKEL: Opposed? Okay, public testimony is closed. Is there a motion for action? MIYASATO: Chair, I'll make a motion. I move that a favorable recommendation on the Planning Director's initiated bill to amend Chapter 25, Article 4, Division 5, Section 25-4-55 of the Hawaii County Code be forwarded to the County Council based on the Planning Director's recommendations and findings which shall be adopted. DELA CRUZ: Second. HENKEL: It's been moved by Commissioner Miyasato and seconded by Commissioner Dela Cruz. Shall we—is there any discussion? CLARKSON: Very little. I will be voting in favor of the motion but I have to say I prefer the version with the references to the laws just so there is something for a planner or somebody to go, go on. I mean, it would be nice if a reference to the, the information on the website could be made part of the County Code, but I guess we don't put links in the County Code. GAGORIK: No, yeah. CLARKSON: That's too bad. HENKEL: Thank you, Commissioner Clarkson. Personally, as a layman, I seldom see legalese this elegant and simple, and I appreciate that, but anyway, any other comments? Then, we'll do a roll call vote. GAGORIK: Okay, Commissioner Miyasato? 3 EXHIBIT D MIYASATO: Aye. GAGORIK: Commissioner Dela Cruz? DELA CRUZ: Aye. GAGORIK: Commissioner Moses? MOSES: Aye. GAGORIK: Commissioner Clarkson? CLARKSON: Aye. GAGORIK: Mr. Chair? HENKEL: Aye. GAGORIK: The vote passes with five ayes. The discussion ended at 11:15 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission F. EXHIBIT D