Loading...
HomeMy WebLinkAboutMIN PC 2022/05/03 2020-2022 Committee on Planning 24th Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawai i May 3, 2022 CALL TO The regular meeting of the Committee on Planning was called to order at 2:00 p.m., ORDER: in the Council Chambers, Kailua-Kona, by Ms. Heather L. Kimball, Acting Chair. ROLL CALL: Present: Ms. Heather L. Kimball, Acting Chair Mr. Aaron S. Y. Chung, Member (came in later) Ms. Maile Medeiros David, Member Mr. Holeka Goro Inaba, Member Ms. Susan L. K. Lee Loy, Member Mr. Herbert M. "Tim" Richards, III, Member Absent& Excused: Ms. Ashley L. Kierkiewicz, Chair Ms. Rebecca Villegas, Vice Chair Mr. Matt Kaneali`i-Kleinfelder, 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: (There were none.) ACTING CHR. KIMBALL: Thank you very much, Mr. Clerk. We'll go ahead with business of the day. MR. HENRICKS: If we could just give a brief explanation as to why you're chairing this Committee? ACTING CHR. KIMBALL: Oh, yes. Thank you, Mr. Clerk. So I am serving as Acting Chair for the Planning Committee today because we have Chair, Council Member Kierkiewicz excused; Vice Chair, Council Member Villegas is also excused. Typically, then it would go to the Finance Chair, who is also excused, Mr. Kaneali`i-Kleinfelder. And so, now it's here with me, Vice Chair of the Finance Committee and Acting Chair of the Planning Committee today. MR. HENRICKS: And we could go through some rigamarole about who would want this honor, but since you've accepted it, I think that everybody else in the Committee is okay with that? Okay, seeing no objections, we shall proceed. Thank you so much. PC-24 May 3,2022 ACTING CHR. KIMBALL: Thank you again. And let the record reflect that Council Member Chung has joined us as well. BILLS FOR The Chair directed the Committee to proceed to the next order of business, ORDINANCES: Bills for Ordinances. Bill 157: REPEALS ORDINANCE NO. 04-120, WHICH AMENDED SECTION 25-8-28 (KA`U DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL— 20 ACRES (A-20a) TO AGRICULTURAL PROJECT DISTRICT (APD) AT PALIMA AND PA`AU`AU, KA`U, HAWAII, COVERED BY TAX MAP KEYS: 9-6-005:018 AND 9-6-006:004 (Planning Director Initiated) (Area: Approx. 171.782 acres) The Windward Planning Commission forwards its favorable recommendation to revert the zoning of two parcels of land to their original zoning designation of Agricultural-20 acres. The properties are located at 96-3090 Meyer Road, approximately 1.5 miles northwest of Hawaii Belt Road at Palima and P5'au`au in Ka`u. Reference: Comm. 742 Intr. by: Ms. Kierkiewicz (B/R) Motion to Approve: Ms. Lee Loy moved to recommend passage of Bill 157 on first reading. Seconded by Mr. Richards. ACTING CHR. KIMBALL: We have the Planning Director on Zoom as well as Mr. Pile. Director Kern, would you like to start us off on this bill, please? (Note: At this time, Planning Director Zendo Kern came forward to address the members of the Committee.) MR. KERN: Sure. Good afternoon, Acting Chair and the Members of the Committee. A pleasure to be here, can you all hear me okay? ACTING CHR. KIMBALL: Yes, we can hear you. MR. KERN: Very good. Yes,this is a very straight forward request by the applicant to repeal the zoning back. It was originally zoned for an Agricultural Project District, and basically we're just taking it back to its original zoning. The conditions weren't met; the project was in limbo. And I'll let the applicant explain a bit more, but this will actually really just allow the applicant to move forward with the other estate purposes that he has responsibility for. Page 2 PC-24 May 3,2022 Happy to answer any questions, but I really think it might be beneficial to turn it over to the applicant and let them explain their situation. And then I'm happy to follow-up with any questions as well. ACTING CHR. KIMBALL: Mr. Pile, can you tell us a little bit about your project here? (Note: At this time, Applicant Greg Pile came forward to address the members of the Committee.) MR. PILE: Well, it's not really my project. I'm the trustee for Ellis Jacob Hester Trust. I am trying to follow the direction of the Trust. And in conjunction with Judge Kubota, who's helping me manage this, because there was some conflicting things going on here. Anyway, my direction is that I am supposed to take the two parcels; one is 59 acres and one is 112 acres. I don't remember the numbers exactly on that. But put them together and make them into one parcel. And then, re-subdivide that into a 40-acre piece that's already been lined out, and I already have some surveyors working on getting that done, and then turn that over to Mrs. Hester. And then whatever's left, I'm supposed to try to subdivide that. And sell that to pay off a lot of the debt that is owed against the Trust. ACTING CHR. KIMBALL: Thank you for that background, Mr. Pile. Anyone have any questions for the Director or Mr. Pile on this bill? Seeing none, we'll move forward with the vote. All of those in favor of moving Bill 157 to Council with a favorable recommendation, please say "aye." Vote on Bill 157: The motion to recommend passage of Bill 157 on first (Approved) reading was carried by the following voice vote: Ayes: Committee Members Chung, David, Inaba, Lee Loy, Richards, and Acting Chair Kimball—6. Noes: None. Absent: Committee Members Kaneali`i-Kleinfelder, Kierkiewicz, and Villegas —3. Excused: None. ACT. CHR. KIMBALL: We'll move on to Bill 158, please? Page 3 PC-24 May 3,2022 Bill 158: AMENDS SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - 1 ACRE (A-la) TO SINGLE-FAMILY RESIDENTIAL - 15,000 SQUARE FEET (RS-15) AT WAIMEA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEYS: 6-5-007:045-0001 AND 0002 (Applicant: Dale Herbert Trefz) (Area: 33,738 square feet) The Leeward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to seek subdivision of the parcel into two lots to remove the existing Condominium Property Regime designation and associated restrictions. The property is located at 65-1310 Lihipali Road, approximately 170 feet northeast of its intersection with Opelo Road, Waimea Homesteads in South Kohala. Reference: Comm. 743 Intr. by: Ms. Kierkiewicz (B/R) and Comm. 743.1: From Deputy Planning Director Jeffrey W. Darrow, dated April 25, 2022, transmitting the transcript from the Leeward Planning Commission's March 17, 2022, meeting. Motion to Approve: Mr. Richards moved to recommend passage of Bill 158 on first reading. Seconded by Ms. Lee Loy. ACT. CHR. KIMBALL: Council Member Richards, you want to say something? MR. RICHARDS: Sure, I'll jump in. And I fully support this. This is just stepping in the right direction. This was an old CPR (Condominium Property Regime) done many, many years ago. And what they're trying to do is subdivide. So, it makes sense. It's the right thing to do to go forward. And do we have—well, Jeff's on here and he'll probably fill in more. ACT. CHR. KIMBALL: Thank you, Deputy Director Darrow. (Note: At this time, Deputy Planning Director Jeff Darrow came forward to address the members of the Committee.) MR. DARROW: Aloha, Acting Chair and Members of the Committee. Jeff Darrow with the Planning Department. Yeah, as Council Member Richards had mentioned, this is just a, you know, housecleaning measure. Page 4 PC-24 May 3,2022 It was a 33,000 square foot lot that was CPR'd back in 1988. There are two homes on the property, and they'd like to be able to subdivide to have separate ownership. They have water to each residence. They have wastewater;they have paved roads to the property. Through the Leeward Planning Commission, there was talk about drainage issues on the roadway, but we had a representative from Public Works attend our meeting and be able to speak about the drywells in the area that are well maintained and taking care of the drainage in that particular area. We are recommending favorable recommendation. We do have the conditions attached to Bill 158. If you have any questions, I'm more than happy to be able to answer. You'll notice that there's not a lot of typical conditions because basically, everything's been constructed. It's just a matter of securing final subdivision within five years and making sure they designate which water meter goes to which house. Thank you. ACT. CHR. KIMBALL: Thank you, Deputy Director Darrow. We also have here in chambers, Mr. Pipan and Mr. Trefz. If you'd like to come forward and add anything about the project? (Note: At this time, Planning Consultant John Pipan and Applicant Dale Trefz came forward to address the members of the Committee.) MR. PIPAN: Thank you, Acting Chair Kimball. Thank you, Council Members for seeing us today. And thanks again to Deputy Director Darrow for the favorable recommendation and good brief recap of the project. Yeah, it's about three-quarter of an acre in size; 33,000 square feet. So RS-15 (Single-Family Residential) would allow the two-lot subdivision. It's basically turning the existing CPR lot line into a parcel line. Independent utilities, independent access. No proposed development. So, fairly straight forward. Down the street, there's existing RS-20, about 300 feet away. It's a two-lot subdivision. RS-15 is about 800 feet away. That's nine lots. And a lot of these lots including the neighboring parcel to the east are nonconforming in size. In fact, the parcels to the east are about 15,000 square feet in size already. So, we're here to answer any questions you might have about the project. And would really appreciate your favorable consideration. Mr. Trefz is here as a representative of the property. I believe Ms. Leung (property owner Yin Leung) was going to be available by Zoom, as well as the neighboring property owner, the other home on the same lot. So, if you'd like to say a few words, please, go ahead Mr. Trefz. Page 5 PC-24 May 3,2022 MR. TREFZ: Thank you very much for this opportunity and as been suggested, it's really a move in the right direction. One that should have probably happened a while ago. It might have solved the problem such as the fire truck showing up at the wrong house, which has happened. It was late at night and I was a little slow getting to the door. And by the time, I did, they said, "Oh good thing you made it, because we were ready to bash down your door." We're routinely getting packages to the wrong house, because we're "B" and the Leung's are "A." And so,just from a convenience point of view, it'll be very very helpful. Do you have any questions of me? ACT. CHR. KIMBALL: Thank you. Why don't we check and see if Ms. Leung is on the Zoom call, if there's anything she'd like to add before we begin deliberations? MR. HENRICKS: Madam Chair, no, she's not on the Zoom call at this point in time. ACT. CHR. KIMBALL: Alright, thank you Mr. Clerk. Alright, any questions? Council Member Lee Loy. MS. LEE LOY: No questions,just confirming that the applicant has read all the conditions of approval and agree to the terms of the conditions of approval? MR. PIPAN: Yes, Ma'am. MS. LEE LOY: Okay. And then, one thing I was curious, is about Condition "H", which is the five-foot right of way. And that being satisfied during the subdivision of Parcel A and B or One and Two. MR. PIPAN: Yes. It's recognized that the Department of Public Works would at some time in the future maybe like to widen Lihipali Road. So it's typical in a situation like this where a subdivision is proposed to dedicate that strip for the road widening should it occur down the line. And we have no problems with that. Thank you. MS. LEE LOY: Great. Thank you. Chair, I yield. Thank you for being here. ACT. CHR. KIMBALL: Thank you, Council Member Lee Loy. Any other questions? Council Member Richards. MR. RICHARDS: Yeah,just wanted to echo again, my comments, that this is the right direction going forward. This stuff was done way back in the day, when Council Chair was young. And what we're doing is, it is housekeeping. We're trying to get things cleaned up, so it makes sense going forward. Page 6 PC-24 May 3,2022 In Waimea, I mean all of our communities have a lot of this stuff. We just have to go through it systematically. And I appreciate the fact that we've gone through this. So, this is really a simple thing, it's just housekeeping. I yield. ACT. CHR. KIMBALL: Thank you, Council Member Richards. Anyone else? Okay, seeing no further discussion, we'll move forward with the vote. All of those in favor of passing Bill 158 to Council with a favorable recommendation, please say "aye" Vote on Bill 158: The motion to recommend passage of Bill 158 on first (Approved) reading was carried by the following voice vote: Ayes: Committee Members Chung, David, Inaba, Lee Loy, Richards, and Acting Chair Kimball—6. Noes: None. Absent: Committee Members Kaneali`i-Kleinfelder, Kierkiewicz, and Villegas—3. Excused: None. ACT. CHR. KIMBALL: May I have a motion to adjourn? ADJOURN- There being no further business, at 2:14 p.m., Mr. Inaba moved to adjourn the MENT: meeting. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Committee Members Chung, David, Inaba, Lee Loy, Richards, and Acting Chair Kimball—6. Noes: None. Absent: Committee Members Kaneali`i-Kleinfelder, Kierkiewicz, and Villegas—3. Excused: None. ACT. CHR. KIMBALL: Thank you all. Deputy Darrow and our guests for being here. Aloha. Approved: k.F-- .. /2 Z012_ Ms. Ashley L. Kierkiewicz, Chair (Date) Planning Committee AKJdt Page 7