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Home My WebLink About2019--02-07 Hearing Transcript - Makalika 521, LLC Amend REZ 06-032WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT FEBRUARY 7, 2019 A regularly advertised hearing on the application of MAKALIKA 521, LLC (AMEND REZ 06-000032) 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 Joseph Clarkson presiding. COMMISSIONERS PRESENT: Gilbert Aguinaldo, Joseph Clarkson, Donn Dela Cruz, Donald Ikeda, John Replogle. ABSENT & EXCUSED: Thomas Raffipiy. ALSO PRESENT: Michael Yee (Planning Director), Malia Hall (Deputy Corporation Counsel for the Windward Planning Commission), Jeff Darrow (Planning Program Manager), Maija Jackson (Planner), Christian Kay (Planner), Alex Roy (Planner), Jessica Andrews (Planner), and Sarah Hata-Finley (Commission Secretary). And 11 members from the public in attendance. APPLICANT: MAKALIKA 521, LLC (FORMERLY KATHY TRIPP) (AMEND REZ 06-000032) Application for time extension to Condition D (Future Road -Widening), Condition E (Off -Site Infrastructure Improvements), and an amendment to Condition B (Time to Complete Conversion) to allow a time extension to build a new commercial structure. The preceding are conditions of Change of Zone Ordinance No. 06 107, which reclassified approximately 20,000 square feet of land from Single -Family Residential -10,000 square feet (RS -10) to a Neighborhood Commercial -20,000 square feet (CN -20) zoning district in 2006. The subject property is located at 680 Manono Street, along the west side of Manono Street, midway between Kekuanao`a Street and Hualani Street, Waiakea Houselots, South Hilo, Hawaii, Tax Map Key: (3) 2-2-034:012. CLARKSON: The next item on the agenda—the meeting is continuing. The next item on the agenda is Makalika 521, LLC. It's to amend a rezone. ROY: I guess I'll get started or maybe I'll wait for them to HALL: —Yeah, we can wait. CLARKSON: I think we're ready. ROY: Thank you, Commissioners, Chair. I'm going to be presenting today an amendment to the Change of Zone Ordinance 06-107 for Makalika 521, LLC, formerly Kathy Tripp, Applicant. EXHIBIT C Here's the location map. As you can see, this parcel is located off of Manono Street here in the South Hilo District. It is bounded to the north by Hualani Street and to the south by Kekuanao`a Street. It's about pretty much in the center of Manono Street there, you can see on the map. At this time, the Applicant is requesting an amendment to the Change of Zone Ordinance for a five-year time extension (1) to complete the required off-site infrastructure improvements, (2) is to complete the future road widening dedication, and (3) is to allow for the construction of a new commercial structure, and then finally [4] to allow for an additional administrative time extension. So, those are the four amendments today. The reasons for the request. There's been a change of ownership. The new Applicant, or the Applicant is actually, was the previous owner and now there is a new ownerNakoamana Kaialii Ventures, LLC is the new landowner, but Makalika is still pursuing the application on behalf of that landowner. They've elected to secure the proposed amendment prior to any planned design and that's key. There's no plan being presented today for any proposed structure. It's kind of they're waiting to see to ensure that they have the ability to develop before they proceed with a planned design. And, then the permitting and regulatory requirements, they exceeded the Applicant's projected timetable; hence, the need for the five-year time extension. And, then, oops sorry, and then finally, they are unable to secure the proper financing until they can kind of get this amendment through and then pursue that development. Here we can see the zoning map for the site. The parcel itself is zoned Commercial, CN -20, surrounded predominantly by Residential, RS -10, with a couple of other smaller segments here, V-.75 and this is the CG -20. Take note of these Commercial, CN -10's, are separate. The rest of the, the colors are similar so I marked it, sorry, but the rest of these are CN -20, with the remainder as I said being Residential. It's pretty straight up. State Land Use District is Urban, and the surrounding area is predominantly Urban. Okay, the General Plan, the LUPAG Map, shows the parcel itself is Medium Density Urban with some small pockets or pockets of High Density Urban zoning in this area. Here's an aerial photograph of the site. As you can see, it's already developed. There's currently a commercial structure there called Kilauea Kreations in operation since 2007. Just immediately to the south is a flooring carpet center/warehouse, and across the street, you can see the large Manono Market Place already in operation. Take note of some of the residential units here to the north and, you know, adjacent to the property to the west as well as some other residential here, but the area is turning into a commercial kind of area. EXHIBIT C 2 Here's some site photos. Pretty straightforward. A view from across Manono Street looking towards the property. Two photos, one kind of oblique and one straight on. There you can see the existing parking area, the actual commercial structure, and then the entrance to Manono Street, which is the only entrance to the parcel. Here's a view of Manono Street looking south, so you can see the flooring center right here and then here is the, looking north, there's our property in question. So, pretty straightforward. Right now, as I said, there's no plan in place because they're waiting to see if these amendments go through. There are some discussions of a new, like I said, they're asking to amend the condition that required them to convert the existing structure. They'd like the ability to be able to build a new commercial structure on the parcel if they so choose. So, at this time, we're, the Planning Director's recommendation is to forward a favorable recommendation to the County Council for each of those amended conditions. CLARKSON: Are there any questions for staff from the Commission? If not, thank you. Will the Applicant or Applicant's representative please come forward? You're sworn in, Mr. Fuke. Would you please introduce yourself again and proceed? FUKE: Sure, my name is Sidney Fuke. I'm standing here by myself doing some work for the Applicant. In a nutshell, what happened was that when Makalika 521 bought the property, they thought they could kind of like do the project so they had the construction drawings all done, completed. They were going to go out on bid. They checked with the Planning Department, and they found out that oops, although the construction plans were approved, if they did the road improvements, they still would not be able to build because the zoning would have been in limbo, you know, because it expired, you know, in 2006, I believe. So, that's the reason. So, the staff had recommended, I think you need to go in for an extension. Just clean it up and then, you know, on your way. So, the proposed condition of having all of the improvements completed, you know, off-site improvements that start construction of the new building within five years, that's going to be very workable, so hopefully with the Commissioners' favorable consideration of this, we can kind of move on. Thank you. CLARKSON: Are there any questions for the Applicant's representative? And, you agree with all the proposed FUKE: —Yes, as well as the Applicant and the current owner, yes. CLARKSON: Okay, thank you. Thank you very much. Apparently, there are no, no one signed up to testify on this proposal, so I will move that, ask for a motion that public testimony be closed. REPLOGLE: I move that we close public testimony. IKEDA: Second. CLARKSON: All those in favor? EXHIBIT C 3 COMMISSIONERS: Aye. CLARKSON: Opposed? Motion carries, public testimony is closed. At this time, I'll ask for a motion for action on this application. REPLOGLE: I move that a favorable recommendation be forwarded to the County Council on the request to amend the Change of Zone Ordinance No. 06-107 based on the Planning Director's recommendation which shall be adopted. IKEDA: Second. CLARKSON: It's been moved and seconded that ain favor of, a motion in favor of this action, favorable recommendation. Are there any further questions or discussion from the Commission? If not, I'll ask for a vote to be taken. ROY: Commissioner Replogle? REPLOGLE: Aye. ROY: Commissioner Ikeda? IKEDA: Aye. ROY: Commissioner Aguinaldo? AGUINALDO: Aye. ROY: Commissioner Dela Cruz? DELA CRUZ: Aye. ROY: Commissioner Clarkson? CLARKSON: Aye. ROY: Oh, Chair Clarkson, sorry. Passes, too, five -zero. The discussion ended at 11:19 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission EXHIBIT C 4