Loading...
HomeMy WebLinkAboutMIN PC 2022/03/22 2020-2022 Committee on Planning 22nd Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawai i March 22, 2022 CALL TO The regular meeting of the Committee on Planning was called to order at 9:39 a.m., ORDER: the Council Chambers, Kailua-Kona, by Ms. Ashley L. Kierkiewicz, Chair. ROLL CALL: Present: Ms. Ashley L. Kierkiewicz, Chair Ms. Rebecca Villegas, Vice Chair Mr. Aaron S. Y. Chung, Member (came in later) Ms. Maile Medeiros David, Member Mr. Holeka Goro Inaba, Member Mr. Matt Kaneali`i-Kleinfelder, Member (via videoconference from Hilo) Ms. Heather L. Kimball, Member Ms. Susan L. K. Lee Loy, Member Mr. Herbert M. "Tim" Richards, III, Member STATEMENTS The Chair directed the Committee to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individual registered to speak and came forward when called by the Chair: Dwight Vicente: Bill 137 and Bill 138 (Comm. 676); comment. CHR KIERKIEWICZ: Thank you. Seeing as there are no other testifiers, I will be closing public testimony at this time and moving on to the business of the day. Mr. Clerk, if you could please start at the top of the agenda with Communications. COMMUNI- The Chair directed the Committee to proceed to the next order of business, CATIONS: Communications. Comm. 666: NOMINATION OF ZAHEVA KNOWLES TO THE LEEWARD PLANNING COMMISSION From Mayor Mitchell D. Roth, dated February 24 , 2022, requesting the Council's review and confirmation. Requires Council Confirmation by: April 9, 2022 (Section 13-4(k), Hawaii County Charter PC-22 March 22,2022 Vote on Comm. 666: Ms. Lee Loy moved to recommend confirmation of the (Approved) appointment of Ms. Zaheva Knowles to the Leeward Planning Commission. Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Committee Members Chung, David, Inaba, Kimball, Lee Loy, Richards, Villegas, and Chair Kierkiewicz—8. Noes: None. Absent: Committee Member Kaneali`i-Kleinfelder— 1. Excused: None. Executive Assistant to the Mayor Pomaika`i Bartolome came forward and provided a brief narrative of the nominee's background and experience. Committee Members spoke in favor of the appointment. Comm. 667: NOMINATION OF MICHAEL DELA CRUZ TO THE LEEWARD PLANNING COMMISSION From Mayor Mitchell D. Roth, dated February 24, 2022, requesting the Council's review and confirmation. Requires Council Confirmation by: April 9, 2022 (Section 13-4(k), Hawaii County Charter) Vote on Comm. 667: Ms. Lee Loy moved to recommend confirmation of the (Approved) appointment of Mr. Michael Dela Cruz to the Leeward Planning Commission. Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Committee Members Chung, David, Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Richards, Villegas, and Chair Kierkiewicz—9. Noes: None. Absent: None. Excused: None. Executive Assistant to the Mayor Pomaika`i Bartolome came forward and provided a brief narrative of the nominee's background and experience. Committee Members spoke in favor of the appointment. Page 2 PC-22 March 22,2022 Comm. 668: NOMINATION OF LOUIS V. DANIELE III TO THE WINDWARD PLANNING COMMISSION From Mayor Mitchell D. Roth, dated February 24, 2022, requesting the Council's review and confirmation. Requires Council Confirmation by: April 9, 2022 (Section 13-4(k), Hawaii County Charter) Vote on Comm. 668: Mr. Richards moved to recommend confirmation of the (Approved) appointment of Mr. Louis V. Daniele III to the Windward Planning Commission. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Committee Members Chung, David, Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Villegas, and Chair Kierkiewicz—8. Noes: None. Absent: Committee Member Richards — 1. Excused: None. Executive Assistant to the Mayor Pomaika`i Bartolome came forward and provided a brief narrative of the nominee's background and experience. Committee Members spoke in favor of the appointment. BILLS FOR The Chair directed the Committee to proceed to the next order of business, ORDINANCES: Bills for Ordinances. Bill 137: AMENDS THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAII BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE URBAN DISTRICT AT `O`OMA 1ST, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-3-017:024 and Page 3 PC-22 March 22,2022 Bill 138: AMENDS SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—ONE ACRE (A-la) TO SINGLE-FAMILY RESIDENTIAL— 15,000 SQUARE FEET (RS-15) AT `O`OMA 1ST, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-3-017:024 (Applicant: Aaron Nuola Kahananui) (Area: .992 Acre) The Leeward Planning Commission forwards its favorable recommendation for this amendment to the State Land Use Boundaries Map and change of zone, which would allow the applicant to seek subdivision of the property into two residential lots for estate planning purposes. The property is located at 73-4413 Hawaii Belt Road, approximately 100 feet southeast of its intersection with Kalaoa Street in North Kona. Reference: Comm. 676 Intr. by: Ms. Kierkiewicz (B/R) and Comm. 676.1: From Deputy Planning Director Jeffrey W. Darrow, dated March 9, 2022, transmitting the draft transcripts from the Leeward Planning Commission's, January 20, 2022, meeting. Motion to Approve: Ms. Kimball moved to recommend passage of Bill 137 on first reading. Seconded by Mr. Inaba. CHR KIERKIEWICZ: If I could please call forward the applicant and their representative. We have Mr. John Pipan and Mr. Kahananui here in Kona Chambers. And do we have the Deputy Director Jeff Darrow available via Zoom? Mr. Pipan if you could go ahead. Introduce yourself, your clients, and provide us an overview of the request before us today. Thanks. (Note: At this time, Planning Consultant John Pipan came forward to address the members of the Committee.) MR. PIPAN: Aloha, Committee Chair Kierkiewicz. County Council Members, thank you very much for your continued care to your communities and our island home. Speaking of, the Kahananui's have been stewarding this property for decades, for generations. The applications we're looking at today, the proposed bills, would help them continue to steward the land. These bills bring the zoning and the State Land Use designation into line with the current and longstanding use of the properties. Page 4 PC-22 March 22,2022 The first home built by the Kahananui's in the early 60's. The second built his `ohana unit in the early 90's. They do have fruit trees on the property, but it is not very significant agricultural lands. It's less than an acre. It's not prime. The soils aren't particularly high-quality. So its impact to agricultural potential in the areas is miniscule. And it's been used residentially for many decades. So potential impacts are nil. There's no proposed development here. Impacts to infrastructure are non-existent. Water meters, driveways, accesses have all already been provided for, for many years. There was fairly robust discussion in the Planning Commission regarding proposed conditions relating to environmental protection for endangered species and so on and so forth. We requested to dial those back a little bit to make them a little bit more representative of what the parcel was and what the intent of the change of zone was, as in not permitting new development. The Planning Commission chose to do away with a number of those conditions and replace them with a general boiler plate. Should there be endangered species down on the property, we'll comply with DLNR DOFAW (Department of Land and Natural Resources Division of Fishery and Wildlife) requirements. That seems to make a lot of sense to me. So with your support, we hope to continue this process. We respectfully request your consideration to forward on to the Council, this request. Mr. Kahananui can introduce himself. And we'll happily answer any questions you might have. Thank you. CHR KIERKIEWICZ: Thank you, Mr. Pipan. Mr. Kahananui. (Note: At this time, applicant Aaron Nuola Kahananui came forward to address the members of the Committee.) MR. KAHANANUL Yes, I've been born and raised in Kona. And I've been a resident in the area for, you know,the beginning part of my—before I went to college and so forth. But I retuned back to settle the estate, basically. CHR KIERKIEWICZ: Thank you very much. Council Members, questions or comments for the applicant? Mr. Inaba. MR. INABA: Aloha, Kakahiaka. Sorry, could you repeat that last thing? You're doing this for MR. KAHANANUL For the estate. You know, to have my niece and my nephew, so they can do with their portion of the property. Page 5 PC-22 March 22,2022 MR. INABA: Got it. Okay. CHR KIERKIEWICZ: Estate planning purposes. MR. INABA. Got it. Alright. I just want to say, this is in District 8, in the center of And I think a very straight forward project, keeping the land in the family, it appears. So I'll be supporting this. Thank you. CHR KIERKIEWICZ: Thank you, Mr. Inaba. Anyone else? Mr. Richards. MR. RICHARDS: Yeah, I have to agree with Mr. Inaba. This is a logical evolution, so it makes sense for the family going forward and looking at the map and everything, it's the right thing to do. So I fully support it. CHR KIERKIEWICZ: Thank you. Anyone else? MR. KANEALI`I -KLEINFELDER: Chair, I have a question. CHR KIERKIEWICZ: Yes, Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALI`I -KLEINFELDER: Thank you. For the Planning Department, is there any other RS-15 (Single-Family Residential)properties in the area? Thank you for joining us today, Jeff. (Note: At this time, Deputy Planning Director Jeffrey Darrow came forward to address the members of the Committee.) MR. DARROW: Aloha. Thank you. MR. KANEALI`I -KLEINFELDER: Yeah, I'm looking over the ordinance in front of us and just wanted to get a feel for whether in this area, we've done RS-15's before or is this the first on in the area? MR. DARROW: Before I start, I just should introduce myself. Jeffrey Darrow, Deputy Planning Director with the Planning Department. I want to say aloha to all the Council Members, Chair and Vice Chair. Looking at the map, there is not, in the immediate area, is there RS Zoning, but there is a number of areas zoned RS to the north and some to the south. The one unique thing about this particular area, is it consists of very small lots, even smaller than the minimum lot size allowed in the State Land Use, as well as the County zoning designations. So it's already in a sense, a non-conforming residential-type lot, because it's smaller than the minimum size that's required to be an agricultural lot. Page 6 PC-22 March 22,2022 So, and I also noticed that there are a number of properties that previously had applied for `ohana dwelling permits, which means these smaller lots also have additional dwellings on them. And so, they're functioning as residential-type lots. But again, to answer your question, not in the immediate area. It's a little further north and little further south. MR. KANEALI`I -KLEINFELDER: And when you say a little, is it like five, ten miles, or 20 miles? MR. DARROW: It's less than a half-a-mile. MR. KANEALI`I -KLEINFELDER: Okay, and then as far as the Urban classification, is there other areas near this parcel that have been rezoned to Urban? MR. DARROW: Again, same kind of situation. There's an area less than a half-a-mile to the south. And the areas that I mentioned previously to the north. Those are also zoned State Land Use Urban. And that's within a half-a-mile. But not within the immediate vicinity. MR. KANEALI`I -KLEINFELDER: Okay. Well, you know, I can completely understand the reason for the rezone and for the split. And just want to be mindful as, you know, as a Council that we make good decisions for land use. And usually, what we're seeing around the area, and something like this may lead to more of that happening. And just from looking at the map that was submitted, it's surrounded by mostly Ag-I, Ag-5. And then, like you said, a scattering of similar-type zonings within a half-mile. So, I'm not going to belabor the point, thank you. Thank you, Jeff, appreciate the information. And then for the applicant, thank you for being here today, appreciate that. CHR KIERKIEWICZ: Ms. Lee Loy, you have the floor. MS. LEE LOY: Thank you. You know, I just wanted to speak directly to the applicant. I think, throughout the day we heard a lot about balance, and providing for our families. And to have a local family come forward and take the tools that are available to them to do some family planning, I think is noble and exactly what this application represents. So I really want to thank you to take on this process so that you can continue to leave, you know, property to the rest of your family and allow them to continue to live, work, and play here on this beautiful island. So, thank you, I will be supporting your application. I yield. Page 7 PC-22 March 22,2022 CHR KIERKIEWICZ: Thank you, Ms. Lee Loy. Anyone else? Thank you for coming forward with this request. I was going through the commission minutes and just hearing you, Mr. Kahananui, talk about so much of your extended `ohana, actually being neighbors. So this request is really in line with insuring that all of your `ohana have a place in which they can call home. So, thank you very much for being here and putting this request forward. We have a motion before us to send Bill 137 to the Council with a positive recommendation. All in favor please say "aye." Vote on Bill 137: The motion to recommend passage of Bill 137 on first (Approved) reading was carried by the following voice vote: Ayes: Committee Members Chung, David, Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Richards, Villegas, and Chair Kierkiewicz—9. Noes: None. Absent: None. Excused: None. CHR KIERKIEWICZ: Motion carries. Thank you. May I have a motion to send Bill 138 to the Council with a positive recommendation? Motion to Approve: Ms. Kimball moved to recommend passage of Bill 138 on first reading. Seconded by Mr. Inaba. CHR KIERKIEWICZ: Any discussion? I just want to take a moment to mahalo the Planning Commission for their very thorough review and their recommendations to really synthesize some of the standard conditions related Division of Forestry and Wildlife. I think what they came up with in partnership with the Planning Department really works in this situation. So, I appreciate their due diligence. There is a motion before us to forward this bill to the Council with a positive recommendation. All in favor please say "aye." Vote on Bill 138: The motion to recommend passage of Bill 138 on first (Approved) reading was carried by the following voice vote: Ayes: Committee Members Chung, David, Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Richards, Villegas, and Chair Kierkiewicz—9. Noes: None. Absent: None. Excused: None. Page 8 PC-22 March 22,2022 CHR. KIERKIEWICZ: Thank you gentlemen for being here. First reading is on April 6th. May I have a motion to adjourn? ADJOURN- There being no further business, at 11:01 a.m., Ms. Lee Loy moved to adjourn MENT: the meeting. Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Committee Members Chung, David, Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Richards, Villegas, and Chair Kierkiewicz—9. Noes: None. Absent: None. Excused: None. CHR. KIERKIEWICZ: We are adjourned. Mahalo. Approved: C9t‘V q1C12-0 Ms. Ashley L. Kierkiewicz, Chair (Date) Planning Committee AK/dt Page 9