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HomeMy WebLinkAboutMIN PC 2017/01/04 (2016-2018)Committee on Planning 1st Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii January 4, 2017 CALL TO The regular meeting of the Committee on Planning was called to order at ORDER: 1:10 p.m., in the Council Chambers, Hilo, by Ms. Karen Eoff, Chair. R(1T T CAT r Present: Ms. Karen Eoff, Chair Ms. Eileen O'Hara, Vice Chair Mr. Aaron Chung, Member (came in later) Ms. Maile Medeiros David, Member Ms. Susan L. K. Lee Loy, Member Ms. Valerie T. Poindexter, Member Mr. Herbert M. "Tim" Richards, III, Member Absent: Mr. Dru Mamo Kanuha, Member Ms. Jennifer Ruggles, 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 individuals registered to speak and came forward when called by the Chair: (There were none.) COMMUNI- The Chair directed the Committee to proceed to the next order of business, CATIONS: Communications. (There were none.) ORDER OF The Chair directed the Committee to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. PC -1 January 4, 2017 Res. 31-17: AUTHORIZES THE EXEMPTION OF CERTAIN CODE REQUIREMENTS, PURSUANT TO SECTION 201H-38 AND 46-15.1 OF THE HAWAII REVISED STATUTES, FOR THE PROPOSED KALOKO HEIGHTS AFFORDABLE HOUSING PROJECT IN NORTH KONA, HAWAII Hawaii Island Community Development Corporation (HICDC) is proposing to develop at least 80 affordable housing units for rental or homeownership to qualified low and moderate -income residents in the County. HICDC seeks a change in zoning classification from Open to Residential Multiple -Family for a portion of Tax Map Key: 7-3-009:032 and an exemption from Off -Street Loading requirements. Reference: Comm. 40 Intr. by: Ms. Eoff (B/R) Motion to Approve: Mr. Richards moved to recommend adoption of Res. 31-17. Seconded by Ms. Poindexter. CHR. EOFF: Council Members, I'm going to ask that Mr. Jeremy McComber and whomever else, Jeremy, you would like to have come to the table would be good. (Note: At this time, Jeremy McComber Development Manager and Keith Kato Executive Director, both with Hawaii Island Community Development Corporation came forward to address the members of the Committee.) CHR. EOFF: You have Keith Kato coming forward and we also have people from Housing here who we can bring forward later for questions. So Council Members, this is in my district, it's up in Kaloko Drive. I've met with Jeremy and I understand the request and the situation, but I'm going to ask Jeremy to do some background and Mr. Kato, however you folks would like to do it. But just introduce yourself and MR. KATO: My name is Keith Kato, I'm the Executive Director of Hawaii Island Community Development Corporation. MR. MCCOMBER: And I'm Jeremy McComber, I'm the Development Manager with Hawaii Island Community Development Corporation. CHR. EOFF: Okay. And I know you have a short presentation. MR. MACOMBER: Yes. CHR. EOFF: Is that what you'd like to do first? Page 2 PC -1 January 4, 2017 MR. MCCOMBER: Very short. Yes. So our organization is partnering with the current owner of the subject property. And the intent is to satisfy the State Land Use requirement for affordable housing. The current owner is wanting to convey property to our organization with the intention that we develop the referenced 80 units of affordable housing. And so in the submission to the Planning Committee members, we provided the background information as well as a site map that provides an overview of the entire project, meaning the owner's property and that also includes the parcel that is to be conveyed to our organization. So the—we met with the individual Council Members to orient them to essentially what we do as an organization, as well as the allowances that the statutes that are referenced in the resolution allow with regards to affordable housing exemptions. And so we're coming before the committee to seek exemptions related to the zoning for the parcel as well as the off-street loading requirement. MR. KATO: If I may add, the current landowner RCFC (RCFC Kaloko Heights, LLC) is also donating 80 water units for the project so we would have both the land and the water necessary to go forward. CHR. EOFF: Could you just explain the process a little bit about why you're here through the 201-H and the two exemptions that you're requesting under that process? MR. MCCOMBER: Sure. So the Hawaii Revised Statutes allows affordable housing projects that meet the statutory requirements to pursue exemptions from, in our case, County zoning and other code requirements. And so, if the project meets those criteria, then by approval by the Council by resolution, we can receive whatever requested exemptions we're coming in for. So typically for our projects, because majority of the time the property is usually agriculture -zoned, we have to, in order to comply with the requirements of our financing, demonstrate proper zoning. We're coming before the committee primarily to request the compliance zoning which is residential multi -family 3000. That will allow us to do the rental units and then the off-street loading requirement is just because of the grading and slope of the site, it's impractical for us to install the required off-street loading zone. Did I answer your question? CHR. EOFF: I think so. My question was more about the process that you've asked to do this through the 201-H. MR. MCCOMBER: Oh sure. So we make the request through the appropriate County department. In this case, that would be the Office of Housing and Community Development. We also had discussions with the Planning Department because the exemptions being requested are overseen and managed by the Planning Department. And then if those agencies are in agreement, which Page 3 PC -1 January 4, 2017 they were, then that request is forwarded for consideration at the respective committee which is the Planning Committee. And if you approve the request today, then it's forwarded to the full Council, and then if approved, then we are then—our intention is to include that as part of our financing application through the State which finances the majority of our project. CHR. EOFF: Okay. If that concludes your presentation, I'll open it up to Council Members for their questions. MR. MCCOMBER: Sure. CHR. EOFF: Okay. Council Members? Mr. Chung. MR. CHUNG: Thanks. Good afternoon. You know, I've said this on many occasions as they relate to 201 requests as well as rezoning requests. A lot of my decision making comes down to the trust factor. I think I said it with regard to development out there in Kona a few months ago. And these two individuals are really, in my opinion, do good work and I've told them that, so I'm saying it in public as well. So I trust them to do a good job and if the Council Member from this district doesn't have any problems with the exemptions, I'm certainly going to vote in favor of it. But I would like to ask Housing Administrator Gyotoku if he could come up here, please. (Note: At this time, Neil Gyotoku Housing Administrator came forward to address the members of the Committee.) MR. GYOTOKU: My name is Neil Gyotoku, I'm the Housing Administrator under Mayor Kim. MR. CHUNG: I just had one question, Neil. In your transmittal to the Council, you stated that you're transmitting it for our review and stated some other things. You didn't put a recommendation. What's the recommendation of your department, if at all, if there's anything at all? MR. GYOTOKU: In regards to this project, when we met in December, I think it was the 15th14th. I met with Mayor Kim and the concerns were that one, it be community friendly. He had some issues as far as recommending that it be close to a park when it's built so that the tenants could be accessing the park area. He also recommended that it be centrally located community centers in the project. I recommended also that the road be accessed as far as for fire and emergency medical vehicles like that to the project. And that was basically our recommendations. MR. CHUNG: Okay. So how are those things going to be addressed? That's a lot of, I wouldn't say they're conditions, but a lot of requests. So what? Page 4 PC -1 January 4, 2017 MR. GYOTOKU: Well we're asking them to just incorporate as far as those requests into their project. MR. CHUNG: Okay. And then Keith, do you want to address? MR. KATO: Yes. We did have a discussion with the Housing office and we understand what the concerns are. We don't have any problem of complying with that. MR. CHUNG: Okay. Good. So if they comply, then you're A -okay, right? Very good. Thank you. CHR. EOFF: Any other questions or comments, Council Members? Ms. O'Hara. MS. O'HARA: I met with both Jeremy and Keith recently on this and I appreciate that they came by to explain the project which I was not that familiar with. And I know this isn't the place and the process to bring this up and at some point, I hope I understand where that is. But I would also like to see when building affordable units, that we consider future energy use by said units because that really affects the affordability. And in our meetings, we discussed passive solar design, use of alternative energy technologies to ensure that down the road, these units are comfortable for the residents as well as affordable because energy costs are quite high on this island. I don't know that this is part of the statutory requirements but I think it is something that we need to take into consideration on these types of developments for affordable housing. Thank you. CHR. EOFF: Any other comments? Would anybody else that's here from Housing or Planning like to comment at this time? Then I guess maybe for my own benefit since this is in my district, if I may ask? I totally agree with some of the recommendations as far as locating a community center and a park nearby and the idea of providing some form of energy saving measures so people can afford to stay in their affordable living situation. When would—well I know some things we might have to do legislatively, in a broader sense later, but these other recommendations for this particular project, when would we know that the adjustments have been made to include these things into the project? Do they need to be put into a written form at some point? MR. GYOTOKU: I think when they start to design and develop the project, then we'll be looking at whether these factors are incorporated. As far as the park, it's more of the general subdivision plan and right now they had some areas designated to be a park which is close to the project, but it's going to depend on the landscape and the roadways and things like that. CHR. EOFF: Right. And I understand that change, and then we'll have a chance to look at that again in the larger picture of the subdivision. So I'm comfortable Page 5 PC -1 January 4, 2017 with it. Mr. Arai—Deputy Director of Planning, would you like to come forward? (Note: At this time, Daryn Arai Deputy Planning Director came forward to address the members of the Committee.) CHR. EOFF: Thank you. MR. ARAI: Happy New Year, Chair Eoff and members of the committee. My name is Daryn Arai, Deputy Planning Director. Sorry for my coughing. I guess I just wanted to kind of put things in proper perspective. We are always supportive of affordable housing, supportive of the initiatives taken by HICDC and the Office of Housing and Community Development. Therefore in general, we're always supportive of resolutions like this. But I did want to mention that during our discussions, even though we are supportive of the resolution, there had been questions because it is a part of a much larger project. And when you preempt a portion of a project you still have—Planning Department still has to manage the larger project. What we haven't seen yet is—well what we seen recently is the revised Master Plan but that hasn't been fully vetted. But as Council Member Chung mentioned, Keith Kato and Jeremy have brought many good projects to the table and on the ground. And we believe that this project will be carried forward no differently, and we know they have been in discussions with representatives of Kaloko Heights and we know they are also making efforts to address some of the concerns that we mentioned earlier. For example, this exception will cover a property that was previously designated as a park site. So the question is where does the park site now go? They do have it represented on their Master Plan but that has not yet been vetted through the Department of Parks and Recreation, to my knowledge. So again, there's opportunities for us to further refine as long as the dialogue between Planning Department and the Master Developer remains open and flexible. I just wanted to put it out there. CHR. EOFF: So it would be your recommendation for us to go ahead and approve this today on the good faith that dialogue will remain open and these concerns would be integrated into the project? MR. ARAI: That is correct and along the way, I'll be looking for it. CHR. EOFF: And I'll be right there behind you because— MR. ARAI: Thank you. Page 6 PG1 January 4, 2017 CHR. EOFF: I'll feel some responsibility as well and I too understand the need for the affordable housing. And I actually went to the Land Use Commission Hearing where this was worked out to transfer this land to the—Keith Kato guys. So I understand that we're just moving along in a process with a goal. MR. ARAI: Correct. Thank you very much. CHR. EOFF: Before I wrap up, I think—sure. Just come up and state your name and your capacity. (Note: At this time, Bill Moore Planning Consultant came forward to address the members of the Committee.) MR. MOORE: Good afternoon, my name is Bill Moore. I'm with William L. Moore Planning and Consulting and I've been representing the landowner. I also want to recognize Tom Yeh who is the attorney for the landowner. CHR. EOFF: Thank you. MR. MOORE: Couple of things, one is reaffirm the commitment to work with Planning. We have conceptually tried to locate the park, at least a portion of the park. There's a trail running through the property, we wanted to honor that trail, create a portion of the park immediately adjacent—as close as we can to the affordable housing site. We have a requirement for a restroom facility that's currently where we're conceptually planning that restroom facility right there. We understand and will be working with Planning, we've met with the staff about the park requirements. We will be going in to seek approval of our Master Plan. We have a little more work to do. Part of the whole thing was the original Master Plan did not include a—there was a condition requirement of a road all the way through a collector road which is now the whole extension. The Master Plan did not include it as a through road, it was coming off of another road. And at the request of the Planning Department, we have rearranged the road networks and that is required as we look at the Master Plan and that changed a whole bunch of things. But the park location, we will work it out with Planning and—but we will—we're committed to having it across the street from the affordable project. And we offered other lands, existing zone lands to HICDC and they wanted this park site because it was the flattest piece of property and therefore, the least cost to develop. And we were agreeable to that. So that then required this other maneuvering basically. The other thing I want to point out is that the affordable housing condition that the developer faces now requires us to provide housing for up to 140% of median Page 7 PG1 January 4, 2017 income. That's near market. They basically could develop lots and sell them and make no profit but not cost them a lot of money. They looked at the need, we talked to Keith, and we looked at the need in Kona and realized it really was for rentals. And so the commitment was to let's address the need rather than getting away with something that you could do without losing a lot of money—or just even—you wouldn't make money, but you wouldn't lose any. But the real need was the affordable commitment. We also have an agreement that if they can find more funding, we'll expand the lands and water availability to them to do even more. So real commitment on behalf of the owner to try and accommodate this. But we will work with Planning on the park location and the Master Plan. CHR. EOFF: Okay. Thank you very much. Is there any other comments, Council Members, or questions? Mr. Richards. MR. RICHARDS: Thank you, Chair. I also had the great opportunity to meet with Jeremy and talk story about this, and I completely support the intent and the direction and really appreciate what's coming forward. I'm aware and I know some of the board members of HICDC, and I commend you for what you have done over the years as far as supplying affordable housing coming forward. So I'm supportive of this project. I'm a little bit concerned about the park situation. Jeremy, you and I have talked about that. Bill, I appreciate your comments on that and Planning, I hope that somehow, we don't lose—it doesn't fall through the cracks, that we keep an eye on this thing because I support that idea, and I like the intent that if there's more money available, that we can expand this a little bit. So I do support the project going forward, I would just want to make sure we don't let some things slip through the cracks and I'm sure you guys will keep on top of that, so thank you. CHR. EOFF: Okay. Ms. David. MS. DAVID: Yes. I just had a short question. In fact, I was hoping that Mr. Arai would still be up here. Could you please? (Note: At this time, Daryn Arai Deputy Planning Director came forward to address the members of the Committee.) MS. DAVID: While he's coming up here, I'd like to say my apologies to Jeremy for not being available to have him come and meet with me. I was very ill and tried to get to it, but that's okay. I'm just sorry. So Deputy Arai, the conditions or the recommendations that you were talking about, and I really appreciate the fact that you folks are going to be watching each other and making sure that these conditions or recommendations are carried forward. I share the concern that these recommendations do not fall through the cracks. So in your planning process, is there some sort of a memorialization, a written memorialization of these Page 8 PG1 January 4, 2017 recommendations aside from being in here that could go into the planning process? You know like conditions, I know I'm not really sure if this would be handled somewhat like a condition of MR. ARAI: Thank you for that question. In the zoning ordinance, I believe there's a specific condition speaking to a Master Plan. So it is that Master Plan that we're looking to formally review and accept. I believe one was accepted many, many years ago but it was a totally different layout that I understand is no longer really functional for the needs of the current landowner. So we that will be the vehicle that we can use to provide the necessary assurances. MS. DAVID: Okay. So that's really what my question was. The Master Plan would be your check and balance when it comes before the Planning Department and you would be able to confirm that these things are MR. ARAI: Yes. MS. DAVID: Okay. Perfect. That's all I had to ask you. Mahalo. Happy New Year. MR. ARAI: Thank you. Happy New Year. CHR. EOFF: Mr. Arai, one second. I don't know if Council Members have any more comments or questions before we move to a vote. Anybody? But I just wonderedI know that he hasn't been confirmed yet, that's going to happen tomorrow, but would you mind introducing Mr. Yee to us while he's here? Thank you. MR. ARAI: Again, my apologies. We're fortunate to have on my right—left, I'm sorry, Mr. Yee who just joined us physically in the office yesterday so we're getting to know him and he has a great sense of humor which you really, really need in the Planning Department. So I think things are going to work out nicely. So, Mr. Yee. CHR. EOFF: Thank you. Aloha. I'm sorry, I didn't mean to put you on the spot but—and we'll be speaking to you tomorrow so if you don't feel like talking to us now, that's okay. DIR. YEE: I'm really glad to be here. CHR. EOFF: But just to say hello. Okay. Thank you. That's fine. Page 9 PC -1 Vote on Res. 31-17: (Approved) BILLS FOR ORDINANCES: January 4, 2017 The motion to recommend adoption of Res. 31-17 was carried by the following voice vote: Ayes: Committee Members Chung, David, Lee Loy, O'Hara, Poindexter, Richards, and Chair Eoff — 7. Noes: None. Absent: Committee Members Kanuha and Ruggles — 2. Excused: None. CHR. EOFF: Thank you very much. We're going to go now to Bill 2. The Chair directed the Committee to proceed to the next order of business, Bills for Ordinances. Bill 2: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL — 10,000 SQUARE FEET (RS -10) TO GENERAL COMMERCIAL — 10,000 SQUARE FEET (CG -10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-025:012 (Applicant: Tram Ngo) (Area: 16,911 square feet) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to convert an existing two-story residence into a beauty salon and personal services building. Reference: Comm. 17 Intr. by: Ms. Eoff Motion to Approve: Ms. David moved to recommend passage of Bill on first reading. Seconded by Ms. Poindexter. CHR. EOFF: Mr. Arai, Bill is regarding the Waiakea applicant Tram Ngo. My understanding is that this had a favorable recommendation from the Windward Planning Commission and that would change the single family residential to general commercial, which I assume is consistent with the zoning in that area? MR. ARAI: Thank you, Madam Chair. The request would be consistent with the General Plan Land Use Pattern Allocation Guide Map which designates the area for medium density, urban development. CHR. EOFF: Okay. Any questions, Council Members? Then MR. ARAI: Excuse me. Sorry, I believe it's high density, urban so even better. Page 10 PC -1 January 4, 2017 CHR. EOFF: Okay. Vote on Bill 2: The motion to recommend passage of Bill on first reading (Approved) was carried by the following voice vote: Ayes: Committee Members Chung, David, Lee Loy, O'Hara, Poindexter, Richards and Chair Eoff – 7. Noes: None. Absent: Committee Members Kanuha and Ruggles – 2. Excused: None. CHR. EOFF: And we'll go to Bill 4. Bill and Bill are related so I'm going to ask the Clerk to read them in together and then we'll have to make separate motions so that we can discuss the two at the same time. Mr. Clerk. Bill 4: AMENDS THE STATE LAND USE BOUNDARIES MAP FOR THE COUNTY OF HAWAII BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE URBAN DISTRICT AT KUKUIHAELE, WAIKOEKOE, HAMAKUA, HAWAII (TAX MAP KEY: 4-8-006:003) (Planning Director Initiated) (Area: 8,803 square feet) ; and Motion to Approve: Ms. Poindexter moved to recommend passage of Bill on first reading. Seconded by Ms. David. CHR. EOFF: Mr. Arai, is there any comments? MR. ARAI: This Director initiated request was prompted by the current landowner. I think it became quite apparent over the years that the original vision for a resort development on these properties was simply not going to materialize. There were sufficient limitations, probably the most apparent being the lack of adequate water. The applicant was limited to one meter for each—was limited to a total of three meters. Three meters cannot sustain a resort development so I think the writing was on the wall. The applicant did agree to allow us to initiate this process. It did cause some concern in the community thinking that the department was initiating something that would generate a new type of project. But with contact with some community members, we reassured them that it was simply to, for lack of a better word, down -zone the property, yet respect the ability to maintain it for single family residential use. And the way the zoning was structured, it would limit it to one residential unit per lot of record which would equate to the number of units of Page 11 PC -1 January 4, 2017 water available. So they were okay with it. No one showed up at our hearing which is fine, and we hope you would support this request. CHR. EOFF: Okay. Thank you for that. Any other comments or questions? Vote on Bill 4: The motion to recommend passage of Bill 4 on first reading (Approved) was carried by the following voice vote: Ayes: Committee Members Chung, David, Lee Loy, O'Hara, Poindexter, Richards, and Chair Eoff — 7. Noes: None. Absent: Committee Members Kanuha and Ruggles — 2. Excused: None. CHR. EOFF: And I need a motion to approve Bill 5. Bill 5: AMENDS SECTION 25-8-15 (HAMAKUA DISTRICT MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM RESORT -HOTEL — 25,000 SQUARE FEET (V-25) AND AGRICULTURAL — FORTY ACRES (A -40a) TO SINGLE FAMILY RESIDENTIAL — TEN ACRES (RS -10a) AND SINGLE FAMILY RESIDENTIAL — FIVE ACRES (RS -5a) AT KUKUIHAELE, WAIKOEKOE, HAMAKUA, HAWAII, COVERED BY TAX MAP KEYS: 4-8-006:003, 4-8-006:013 AND 4-8-006:069 (Planning Director Initiated) (Area: 31.237 acres) The Windward Planning Commission forwards its favorable recommendation for this change of zone. The properties are the site of the formerly proposed Trees of Kukuihaele development that will not be developed. The Planning Director recommends reclassifying the property to a lower density zone, removing the ability to subdivide these properties. Reference: Comm. 29 Intr. by: Ms. Eoff (B/R) Motion to Approve: Ms. Poindexter moved to recommend passage of Bill 5 on first reading. Seconded by Mr. Richards. CHR. EOFF: And basically it's the same discussion so unless there any more questions, we'll go ahead and ask for the vote on Bill 5. Page 12 PC-] January 4, 2017 Vote on Rill 5: The motion to recommend passage of Dill 4 on first reading (Approved) was carried by the following voice vote: Ayes: Committee Members Chung, David, Lee Loy, O'Hara, Poindexter, Richards, and Chair Eoff-7. Noes: None. Absent: Committee Members Kanuha and Ruggles — 2. Excused: None. CI IR. LOFT: I believe that takes us to the end of our Planning agenda for today. And thank you again for being here and we'll see you tomorrow. ADJOURN There being no further business, at 1:41 p.m., Ms. David moved to adjourn the MENT: meeting. Seconded by Ms. Poindexter and carried by the following voice vote: Ayes: Committee Members Chung, David, Lee Loy, O'Hara, Poindexter, Richards, Chair Eoff— 7. Noes: None. Absent: Committee Members Kanuha and Ruggles -2. Excused: None. CHR. (LAGAN: We are adjourned. Thank you very much. Approved: Ms. Karen Eof£ Chair U U (Date) Planning Committee KE,'jm Page 13