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Home My WebLink AboutMIN PC 2018/03/13 (2016-2018)Committee on Planning 20th Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii March 13, 2018 CALL TO The regular meeting of the Committee on Planning was called to order at ORDER: 2:25 p.m., in the Council Chambers, Hilo, by Ms. Karen Eoff, Chair. ROLL CALL: Present: Ms. Karen Eoff, Chair Ms. Eileen O'Hara, Vice Chair Mr. Aaron S. Y. Chung, Member Ms. Maile Medeiros David, Member Mr. Dru Mamo Kanuha, Member Ms. Susan L. K. Lee Loy, Member Ms. Valerie T. Poindexter, Member Mr. Herbert M. "Tim" Richards, III, Member Ms. Jennifer Ruggles, Member (came in later) 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. Howard Hall: Bill 112 (Comm. 765), in opposition. Robert Goldzweig: Bill 112 (Comm. 765), in support. Ashley Kierkiewicz: Bill 112 (Comm. 765), in opposition. Christian Staszkow: Bill 112 (Comm. 765), in opposition. Slike O'Reilly: Bill 112 (Comm. 765), in opposition. Jon Olson: Bill 112 (Comm. 765), in support. Jolene Teixeira: Bill 112 (Comm. 765), in opposition. Martha Morishige: Bill 112 (Comm. 765), in support. PC -20 March 13, 2018 Karl Ulz: Bill 112 (Comm. 765), in support. Johnathan Tai: Bill 112 (Comm. 765), in opposition. Armon Collman: Bill 112 (Comm. 765), in support. Cynthia Moore: Bill 112 (Comm. 765), in support. Freda Hart: Bill 112 (Comm. 765), in support. Mafia Bohol: Bill 112 (Comm. 765), in opposition. Tom Cumming: Bill 112 (Comm. 765), in support. Eliot Boneza: Bill 112 (Comm. 765), in opposition. Patrick L. Pacheco: Bill 112 (Comm. 765), in opposition. Martin Cambra III: Bill 112 (Comm. 765), in opposition. K.T. Cannon -Eger: Bill 112 (Comm. 765), in opposition. Sammy Sampaga: Bill 112 (Comm. 765), in opposition. (representing OSMD Hawaii) Rebecca Canevali: Bill 112 (Comm. 765), in opposition. Margaret Russo: Bill 112 (Comm. 765), in opposition. Wayne Ferreira: Bill 112 (Comm. 765), in opposition. Kevin Custodio: Bill 112 (Comm. 765), in opposition. Kaynan Kaku, Sr.: Bill 112 (Comm. 765), in opposition. Patreena Santos: Bill 112 (Comm. 765), in opposition. Coreen Bihag: Bill 112 (Comm. 765), in opposition. Christopher Waters: Bill 112 (Comm. 765), in opposition. Na`ali`i Kanakaole-Wong: Bill 112 (Comm. 765), in opposition. Donnie Alverson: Bill 112 (Comm. 765), in opposition. Page 2 PC -20 Recess: Reconvene: March 13, 2018 Grace Pajimola: Bill 112 (Comm. 765), in opposition. Judy Wood: Bill 112 (Comm. 765), in opposition. Marilyn Rose: Bill 112 (Comm. 765), comment. John Teixeira: Bill 112 (Comm. 765), in opposition. Manny Amaral: Bill 112 (Comm. 765), in opposition. Kai Montibon: Bill 112 (Comm. 765), in opposition. Jolie Agno: Bill 112 (Comm. 765), in opposition Shelly Teixeira -Vickery: Bill 112 (Comm. 765), in opposition Keith Dane: Bill 112 (Comm. 765), in support. (representing the Humane Society of the United States) Robert Nishimoto: Bill 112 (Comm. 765), in opposition. Rusticia Gomes: Bill 112 (Comm. 765), in opposition. Axel Kratel: Bill 112 (Comm. 765), in opposition. Ernest Carvalho: Bill 112 (Comm. 765), in opposition. Keone Oskins: Bill 112 (Comm. 765), in opposition. Stafford Lombard: Bill 112 (Comm. 765), in support. Racee-Lee Gomes: Bill 112 (Comm. 765), in opposition. CHR. EOFF: Okay, thank you very much. I think we're ready to close public testimony and take a recess for five to seven minutes, okay, Council Members? At 4:27 p.m., the Chair called for a recess. The meeting reconvened at 4:37 p.m. CHR. EOFF: Council Members, I'd like to call our meeting out of recess. I'm just going to let everybody know what's happening. I have two items on the agenda today, so I'm going to take a rezoning really quick because the applicant Page 3 PC -20 March 13, 2018 has been waiting a long time too, so that shouldn't be too long. So, right after that, we'll go to Bill 112. So, Mr. Clerk, can you please read Bill 109? 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. (There were none.) BILLS FOR The Chair directed the Committee to proceed to the next order of business, Bills ORDINANCES: for Ordinances. Bill 109: 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 — 15,000 SQUARE FEET (RS -15) TO SINGLE FAMILY RESIDENTIAL — 10,000 SQUARE FEET (RS -10) AT WAIAKEA HOMESTEADS, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-4-010:028 (Applicant: OYS Properties, LLC) (Area: approx. 21,815 square feet) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to subdivide the property into two lots. The applicant intends to build a new dwelling on the newly created lot and retain the existing dwelling on the other lot. Reference: Comm. 753 Intr. by: Ms. Eoff (B/R) Motion to Approve: Ms. Lee Loy moved to recommend passage of Bill 109 on first reading. Seconded by Mr. Richards. CHR. EOFF: I'd like the applicant to please come forward and the applicant's representative. (Note: At this time, Planning Consultant Zendo Kern and the applicant Ramona Sakamoto came forward to address the members of the Committee.) MR. KERN: Good afternoon, Madam Chair, and members of the Planning Committee, I'm Zendo Kern the Planning Consultant. Here to my left is Ramona Sakamoto, she is the applicant. So, we're here to answer any questions. Page 4 PC -20 March 13, 2018 CHR. EOFF: Okay, would you mind just giving us a very brief description of what we're— MR. KERN: Absolutely. This is very simple. It's a zone residential RS -15 right now and we're asking to rezone it to RS -10 so we can subdivide it, so the applicant can subdivide it into two lots to build another home. It meets all the criteria as far as road, water, LUPAG (Land Use Pattern Allocation Guide) map, County zoning. There's really been no controversy, I haven't had a single phone call from any of the neighbors. All notifications went out on time, signs have been posted, and really very about as simple and straightforward as it gets and you know, this is one those things where Hilo has its is an urban area and this is a way to increase the density in a little way so we can minimize sprawl. And so, to me, this makes perfect sense, and happy to answer any questions. CHR. EOFF: Did you want to add anything before I open it up to the Council? Okay then, Council Members—Ms. Lee Loy. MS. LEE LOY: Thank you, Chair, thank you, Mr. Kern for being here. This is in my district. I'm going to be supporting this. I do want to ask regarding the conditions of approval, if you guys have agreed to all of the conditions of approval as identified in Bill 109? MR. KERN: Yeah, we reviewed them and the applicant reviewed them and we had no problem with them. They're straightforward. MS. LEE LOY: Okay, and then I wanted to speak to one, it is in regard to condition B, "Upon approval of the Change of Zone, the Planning Director will formally revoke Ohana Dwelling Permit No. OHD 95-48 in writing." Is there an existing `ohana permit on that? MR. KERN: There was something to do with an `ohana on the land, but as far as—there is no existing `ohana, and also, the Planning Department said that they would not allow any condominiumize it. So, this would be basically the maximum density it could get without another rezoning or something like that. So, yeah, we didn't have any problem with that. MS. LEE LOY: So, there's no existing structure as far as MR. KERN: Correct. MS. LEE LOY: Attached to this. Has this been recorded against the deed for the property? This `ohana dwelling permit? MR. KERN: I'm not sure. I can look into that. Page 5 PC -20 March 13, 2018 MS. LEE LOY: Right. Thank you, I yield. I urge the rest of my colleagues to support this. This is in my district and actually does fit into the long-range Master Plan for the area, so, thank you. CHR. EOFF: Okay, thank you. Any other comments or questions, Council Members? Seeing none, we'll go ahead and take a vote to move this to Council with a favorable recommendation. All in favor, please say "aye." Vote on Bill 109: The motion to recommend passage of Bill 109 on first (Approved) reading was carried by the following voice vote: Ayes: Committee Members Chung, David, Lee Loy, O'Hara, Poindexter, Richards, Ruggles, and Chair Eoff – 8. Noes: None. Absent: Committee Member Kanuha – 1. Excused: None. CHR. EOFF: Okay, thank you. Thank you very much. MR. KERN: Thank you all very much. Have a great rest of your evening. Bye. CHR. EOFF: Okay. Mr. Clerk, can you please read in Bill 112? Bill 112: AMENDS CHAPTER 25, ARTICLES 1 AND 5, HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO ROOSTER FARMS Defines and adds "rooster farms" as a permitted use in the Agricultural (A) and Intensive Agricultural (IA) zoning districts, provided that the requirements of the Department of Health are met and that enclosures used to keep or exercise the roosters are located at least 75 feet from any lot line. A "rooster farm" would be defined as any parcel of land or facility where more than four roosters are maintained. Reference: Comm. 765 Intr. by: Ms. O'Hara Motion to Refer: Ms. O'Hara moved to refer Bill 112 to the Planning Director and Planning Commissions pursuant to Section 25-2-43(b), Hawaii County Code. There was no second. CHR. EOFF: There's no second. Mr. Clerk, does that mean the motion fails? Okay. Well, Ms. O'Hara, I think that successfully concludes Bill 112 for now. It does because it has to be referred. Okay. Well then, do I have a motion to adjourn? The bill fails because in our rules, we have to refer—I'll just explain it. Page 6 PC -20 March 13, 2018 I'd like to explain it. So, in our rules, any bill that amends the Zoning Code must be referred to the Planning Commission. Normally, we don't—we're not able to kill a bill in committee, but because of that rule, if it doesn't get an approval to move to the Planning Commission, then it's dead. ADJOURN- There being no further business, at 4:44 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, Ruggles, and Chair Eoff – 8. Noes: None. Absent: Committee Member Kanuha – 1. Excused: None. CHR. EOFF: The meeting's adjourned. Approved: 6 Ms. Karen Eoff, Chair Planning Committee KE/j m 4,9. (R - (Date) Page 7