REP PC 021 2019/04/23 2018-2020 - Laserfiche WebLink

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PC-21 Page 2 April 23,2019 Council Member Valerie Poindexter asked Mr. Kern if he had met with neighbors in the area of the subject property. Mr. Kern said he had not done so,though he had attempted. She explained that she would not be able to vote in favor of the project until a meeting occurred as she received several letters of concern from her constituents neighboring the property. Mr. Kern questioned whether it would be acceptable to move forward on the measure and stated he would meet with neighbors before the next Planning Committee meeting. Council Member Poindexter stated that she would still not vote in favor and also wanted to meet with them in conjunction with Mr. Kern. Council Member Rebecca Villegas noted she would not vote in favor of the measure given what was presented and that seeing an unfavorable recommendation from the Leeward Planning Commission caused her to "take heed." Committee Chair Kierkiewicz called forth Planning Director Michael Yee and Planning Program Manager Jeff Darrow and asked them how to proceed without any conditions from the Planning Commission. Mr. Darrow said the zoning was consistent with the General Plan, noting that the applicant had originally come in with a higher density plan and received an unfavorable recommendation at that time. He further explained that extensive engineering flooding grading plans are not a requirement at this point in the process, and that Planning Department's recommended conditions for this ordinance were based on Chapter 27 of the Hawai`i County Code, which addresses flood plain control.Director Yee stated he was in a somewhat awkward position with the discrepancies in recommendation from the Planning Department and the Planning Commission, but as a believer in"the process"he was there to support the Planning Commission's unfavorable recommendation. Committee Vice Chair Sue Lee Loy acknowledged the need to meet with the neighbors of the nearby lots and that the letters of concern were a perfect opportunity to engage with them. Ideally, the conditions of approval could even be refined with these individuals but in the meantime there was nothing to work with and she was looking forward to finding a way to move the measure forward. Committee Chair Kierkiewicz expressed her desire to make the next meeting on the measure productive and asked Mr. Darrow to explain how flooding issues on the neighboring properties—specifically those that had been rezoned—had been mitigated. Mr. Darrow stated he had handled zoning ordinances on two other properties in the area and recalled that there had been public testimony. He said that flooding in the area of the lot is a common factor and read aloud a condition of one of these ordinances: "Prior to the submittal of a subdivision application for the subject property, the applicant shall, upon consultation with surrounding property owners and other concerned public agencies,prepare and submit a drainage plan related to the proposed subdivision for review and approval of the Department of Public Works. The approved drainage plan shall reflect all development generated runoff to be retained or disposed of on site and shall not alter any existing water courses that may be entering or exiting the subject property, or be directed toward any adjacent properties. Furthermore, the approved drainage plan shall be implemented prior to, or in conjunction with, the issuance of final subdivision approval." Committee Chair Kierkiewicz asked Council Member Poindexter if the condition, as read by Mr. Darrow, as well as Planning Department's recommended conditions, would provide the balance she sought to vote in favor of the measure. Council Member Poindexter stated it was, and she would meet with Mr. Kern to arrange the meetings with the individuals of the neighboring properties. PC Report No.21