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HomeMy WebLinkAbout2018-07-05 Hearing Transcript - Michelle Mitchell REZ 06-047WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT JULY 5, 2018 A regularly advertised hearing on the applications of MICHELLE A. MITCHELL (REZ 06- 000047 and USE 13-042) was called to order at 9:17 a.m. in the County of Hawaii Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii with Chairman Joseph Clarkson presiding. COMMISSIONERS PRESENT: Gilbert Aguinaldo, Joseph Clarkson, Donn Dela Cruz, Donald Ikeda, Thomas Raffipiy, John Replogle. ALSO PRESENT: Michael Yee (Planning Director), Malia Ho Hall (Deputy Corporation Counsel for the Windward Planning Commission), Jeff Darrow (Planning Program Manager), Maija Jackson (Planner), Christian Kay (Planner), Shancy Watanabe (Planner), and Sarah Hata-Finley (Commission Secretary). And 4 members from the public in attendance. APPLICANT: MICHELLE A. MITCHELL (AMEND REZ 06-000047) Application for a 5 -year time extension to comply with Condition C (Complete Construction) of Ordinance No. 07 166, which reclassified approximately 1.278 acres from the Agricultural -1 acre (A -la) district to the Multiple -Family Residential -5,500 square feet (RM -5.5) zoning district in 2007. The subject property is located on the south side of Ponahawai Street, approximately 650 feet east of its intersection with Komohana Street, Ponahawai, South Hilo, Hawaii, TMK: (3) 2-3-037:015. APPLICANT: MICHELLE A. MITCHELL (AMEND USE 13-000042) Application for a 5 -year time extension to comply with Condition No. 4 (Complete Construction) of Use Permit No. 13-000042, issued in 2013 to allow the establishment of a medical clinic and accessory uses on 1.278 acres of land. The subject property is located on the south side of Ponahawai Street, approximately 650 feet east of its intersection with Komohana Street, Ponahawai, South Hilo, Hawaii, TMK: (3) 2-3-037:015. CLARKSON: The next item on the agenda is an application for Michelle Mitchell amending Rezone 06-000047, and I'll let Shancy Watanabe from Planning staff explain this application. HALL: Shancy, are you doing both, are you presenting both at the same time? Okay. CLARKSON: Okay, we're going to combine since the same Applicant has made two applications, we're going to combine Agenda Items 2 and 3. The third item is amending a Use Permit 13-000042. So, I guess, Shancy, you'll be explaining both of these to us? WATANABE: Yes, Chair. 10V1111.11 1.1 CLARKSON: Thank you. WATANABE: Thank you and aloha mai kakou. The Applicant is Michelle Ann Mitchell, and she's requesting amendments to Change of Zone Ordinance 07-166 and Use Permit 13-42. This is the location map. The subject property is in the South Hilo District. We have Komohana Street running in the north to south direction and Ponohawai Street running in the northeast to the southwest direction. The subject property is outlined in red just here. The Applicant is requesting a five-year time extension to comply with Condition C of Change of Zone Ordinance 07-166 and Condition 4 of Use Permit 13-42 which required construction completion by November 2nd, 2017. Currently, the building is about 80 percent complete. The Applicant aims to complete the building and related improvements for this project later this year. Dr. Mitchell is looking forward to providing a modern facility for medical services to the East Hawaii community. In 2007, the Planning Commission granted Change of Zone Ordinance No. 07-166 which changed the zoning district from Agricultural — 1 acre to Multiple Family Residential — 5,500 square feet. The former applicant proposed to build an apartment building; however, the current applicant purchased the subject property in 2011 with the intent to establish a medical clinic. In 2013, the Windward Planning Commission granted Use Permit 13-42 to establish a medical clinic and accessory uses. This is the Applicant's proposed site plan. To better illustrate the features on the property, we've added some color to them. The blue areas indicate the drainage easements, the green areas show the proposed landscaping, and the pink shows the proposed flow of traffic on the property. And, the yellow is the subject building for the medical facility. This is the Applicant's proposed parking site plan, and this is the Applicant's proposed floor plans for each level. The Applicant provided these elevation plans, and this would be the view from Ponahawai Street here. This is the Zoning Map. The subject property is shown in the dark brown which is RM District. We have the pinks in the Commercial zone, and the green is showing the Agricultural zoning, and the yellow is showing the Residential. The Alenaoi Stream is shown here in the blue, and that's about 350 feet going in the easterly direction away from the subject property. This is the State Land Use Boundary Map. The subject property is in the State Land Use Urban District. This is the General Plan Land Use Pattern Allocation Guide Map. The subject property is designated as Medium Density Urban. This is an aerial photograph of the subject property prior to construction. This photo was taken a few months ago standing on Ponahawai Street looking directly at the subject property. And, this EXHIBIT B 2 is the medical facility. The improvements for the parking and other site improvements have yet to be completed. This photo was taken standing on Ponahawai Street facing southwest towards the intersection of Komohana Street and Ponahawai Street. And, this photograph was taken on Ponahawai Street looking towards Hilo Bay in the northwest direction—northeast direction, excuse me. The Planning Director respectfully submits for a favorable recommendation to the Change of Zone request to the County Council as well as an approval for conditions of the amendment to Use Permit 13-42. And, in your packet this morning, you've received two copies. One would be a copy of an email from the Applicant's attorney, Tom Yeh, requesting revisions to our condition language for the amendments. So, for Condition B, the Applicant's attorney is requesting that we delete language referring to the Department of Water Supply's letter for November 22na 2017. The Applicant is still going to comply with the Department of Water Supply's conditions. It's just they would like to request that that language be removed, and for Condition L, which was originally the solid waste management plan condition, we revised it to indicate that they would have to do with outdoor lighting compliance. The Applicant is requesting that that is changed because they might be opening during the night hours and working late, so we revised that condition to now use our standard construction methods and how it complies with the State of Hawaii standards. That concludes my presentation. If there is any further questions, I am happy to answer them. CLARKSON: Any questions for staff from the Commission? RAFFIPIY: Yeah, I have a question. Can you just clarify which ordinance—you know, get that, over hear we get Ordinance 07 166 and on the email get Ordinance 07 066. Is it 166 or 066? WATANABE: It should be 166. RAFFIPIY: Okay, thank you. CLARKSON: Any further questions? If not, will the Applicant or their representative please come forward? Please raise your right hand. Do you swear or affirm to tell the truth on this matter before the Commission today? YEH: I do. CLARKSON: Please introduce yourself, where you reside, and who you are representing. YEH: Certainly, thank you. My name is Tom Yeh. I'm an attorney assisting the Applicant in the Use Permit application. I reside in Hilo. My business is in Hilo also. You know, Dr. Mitchell is not here today. She apologized for not being able to do so, but she is busy with her practice so to speak. And, you know, in this instance, you know, it is a relatively simple request that we're making. I just want to basically illustrate for you the real need that we have for this medical facility. We now have a number of PCPs who are retiring. There is a great EXHIBIT B 3 shortage of PCPs along with other specialists in Hilo, and so what Dr. Mitchell has done is she's created this opportunity I think for being able to help serve and supplement the medical needs of the community. Frankly, she is really deep into this thing from a monetary financial investment perspective. That's the reason she is working today to be able to pay the loans for this facility which is a pretty ambitious undertaking, and so, in our discussions with the Planning Department about the conditions, we wanted to make some of these conditions a little bit more livable. She is still working with the Department of Water Supply and the Fire Department a little bit on some of the water flow requirements for fire -fighting purposes and we're going to get those adjusted and that's why we wanted just to kind of leave those conditions as simple as possible. She wants to finish up the construction once she gets through some of these hurdles, so with that, we're asking for your help in allowing her to be able to do that in that time extension sort of way. So, thank you. Otherwise, I'm open to questions. CLARKSON: So, you've received a copy of the revised conditions? YEH: Yes, I have, thank you. CLARKSON: And, so you're in agreement with the Background Report and Recommendations and conditions as they now stand? YEH: Correct, thank you, we do. CLARKSON: Are there any questions for Applicant's representative from the Commission? If not, thank you very much for your presentation. YEH: And, thank you all. Appreciate it. CLARKSON: There hasn't been no one signed up to testify on this matter. If there is no public testimony, I'll ask that public testimony be closed, for a motion that public testimony be closed, please. REPLOGLE: I move that public testimony be closed. IKEDA: Second. CLARKSON: It's been moved and seconded that public testimony be closed. Allthose in favor? COMMISSIONERS: Aye. CLARKSON: Opposed? Motion carried. Public testimony is closed. Is there any discussion of this item from within the Commission? If not, I'll ask for a motion RAFFIPIY: Question, Mr. Chairman. I know that you were, you said that you were going to combine this two, so are we? EXHIBIT B 4 HALL: One motion at a time. RAFFIPIY: One motion at a time? Okay, thank you. IKEDA: Mr. Chairman, I'll make the motion. I move that a favorable recommendation be forwarded to the County Council on the request to amend Change of Zone Ordinance No. 07-166 based on the Planning Director's recommendations, findings, and proposed amended conditions which shall be adopted. RAFFIPIY: I second. CLARKSON: It's been moved by Commissioner Ikeda and seconded by Commissioner Raffipiy that a favorable motion—that a favorable recommendation be sent to the County Council. If there is no further discussion on this motion, I'll ask staff to poll the Commissioners. WATANABE: Thank you, Chair. Commissioner Ikeda? IKEDA: Aye. WATANABE: Commissioner Raffipiy? RAFFIPIY: Aye. WATANABE: Commissioner Aguinaldo? AGUINALDO: Aye. WATANABE: Commissioner Dela Cruz? DELA CRUZ: Aye. WATANABE: Commissioner Replogle? REPLOGLE: Aye. WATANABE: And, Chair Clarkson? CLARKSON: Aye. WATANABE: The motion carries six to zero. Mahalo. CLARKSON: And, is there a motion for action on the second half of this application? EXHIBIT B 5 REPLOGLE: I move that the application to amend Use Permit No. 13-042 be approved based on the Planning Director's recommendations, findings, and proposed amended conditions which shall be adopted. IKEDA: Second. CLARKSON: It's been moved by Commissioner Replogle and seconded by Commissioner Dela Cruz [sic]. Was it? Did I get the right person? That this favorable recommendation be made. Is there any further discussion from the Commission? If not, another vote, please. WATANABE: Yes, Chair. Commissioner Replogle? REPLOGLE: Aye. WATANABE: Commissioner Ikeda? IKEDA: Aye. WATANABE: Commissioner Aguinaldo? AGUINALDO: Aye. WATANABE: Commissioner Dela Cruz? DELA CRUZ: Aye. WATANABE: Commissioner Raffipiy? RAFFIPIY: Aye. WATANABE: Chair Clarkson? CLARKSON: Aye. WATANABE: The motion carries six to zero. YEH (from audience): Thank you. The discussion ended at 9:31 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission EXHIBIT B 6