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HomeMy WebLinkAboutMIN PC 2018/08/21 (2016-2018)Committee on Planning 31st Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii August 21, 2018 CALL TO The regular meeting of the Committee on Planning was called to order at ORDER: 9:34 a.m., in the Council Chambers, Kailua-Kona, by Ms. Karen Eoff, Chair. ROLL CALL: Present: Ms. Karen Eoff, Chair Ms. Eileen O'Hara, Vice Chair (via videoconference from Hilo) 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 Absent & Excused: 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: (There were none.) COMMUNI- The Chair directed the Committee to proceed to the next order of business, CATIONS: Communications. Comm. 1027: NOMINATION OF FRANZ WEBER TO THE KONA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE From Mayor Harry Kim, dated August 3,2018, submitting for the Council's review and confirmation the above nomination. Requires Council Confirmation by: September 17, 2018 (Section 13-4(1), Hawaii County Charter) PC -31 August 21, 2018 Vote on Comm. 1027: Mr. Kanuha moved to recommend confirmation of the (Approved) appointment of Mr. Franz Weber to the Kona Community Development Plan Action Committee. Seconded by Ms. Poindexter and carried by the following voice vote: Ayes: Committee Members Chung, David, Kanuha, Lee Loy, O'Hara, Poindexter, Richards, and Chair Eoff — 8. Noes: None. Absent: Committee Member Ruggles —1. Excused: None. Committee Members spoke in favor of the appointment. CHR. EOFF: Move to Bills for Ordinances, Bill 177. ORDER OF The Chair directed the Committee to proceed to the next order of business, Order RESOLUTIONS: 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 177: AMENDS SECTION 25-8-19 (NORTH HILO 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 — TWENTY ACRES (A -20a) TO AGRICULTURAL — FIVE ACRES (A -5a) AT PAPA`ALOA, NORTH HILO, HAWAII, COVERED BY TAX MAP KEY: 3-5-004:023 (Applicant: Charles and Kitura Andrus) (Area: approximately 11.06 Acres) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to apply for subdivision of the property into two lots. The applicants currently resides in a home on one lot and plans to convey the other lot to their children. The property is located on Kihalani Homestead Road. Reference: Comm. 1024 Intr. by: Ms. Eoff (B/R) Motion to Approve: Ms. Poindexter moved to recommend passage of Bill 177 on first reading. Seconded by Mr. Kanuha. Page 2 PC -31 August 21, 2018 CHR. EOFF: Mr. Kern, thank you. Mr. Kern represents the applicant. Council Members, this is creating two lots out of 11 acres and the Planning Commission has given it a favorable recommendation. (Note: At this time, Planning Consultant Zendo Kern came forward to address the members of the Committee.) MR. KERN: Good morning, Madam Chair, and members of the Planning Committee. Yes, first off, the applicant was intending to be here, they're on Oahu for family related issues and the daughter, who's actually going to, if this gets approved, will get the other parcel, they were going to attend, too, but they have four small kids and it just didn't come together today. So, I'm going to work to have one of them be here during the first reading. So, this is a relatively straight forward, simple rezoning subdivision. I'm not sure if you folks have the map, but the general area of Kihalani Road is a mix of two - acre, five -acre, few 10 -acre, 11 -acre parcels, some one -acre parcels. Right at the bottom of this road is Laupahoehoe School, so, it's kind of a, like I say, it's an interesting mix, and the entire area up in this area has a blanket zoning of ag 20. The area was basically comprised during the plantation era, that's how the lots were made and put together. So, that existed and then at a certain point when zoning came into play, the area was just set as ag 20. So, it's interesting because there's not many 20 -acre parcels in that area. So, we looked at it and it had water, it had the road, the infrastructure and everything else. So, it seemed to make sense that ag five would be a reasonable zoning, based on the County LUPAG Map, the land use pattern allocation guide map, of it being agriculture and five acres still being a sizable lot to be able to do agriculture as well as have a single-family residence. So, looking at that, we talked to the Planning Director, they gave a favorable recommendation as well as the Planning Commission gave a favorable recommendation. So, the goal is to rezone the 11 -acre parcel into ag five, which will allow it to be subdivided into two lots with a minimum of five acres. The lot in the rear of the property will be conveyed to the applicant's children so they can build a house on that. I had a couple calls from surrounding property owners, nobody was in opposition. There's actually a letter of support by the parcel that is right across the street and down. Everybody else that called was just more so like, "Hey, what's going on?" Talk story and no problems or any issues. That's pretty much the gist of it, and I'm happy to answer any questions. Page 3 PC -31 Vote on Bill 177 (Approved) August 21, 2018 CHR. EOFF: Okay, thank you. Council Members, Mr. Jeff Darrow is in Hilo too. He's available if we have any questions. Any comments, Council Members? Ms. Lee Loy. MS. LEE LOY: Thank you. Thank you, Mr. Kern for being here. I'm looking at the conditions of zoning and it looks like there's an existing plat map that was already submitted under condition H. The plat map submitted for subdivision approval shall be revised so that the lot configuration meets the Department of Water Supply MR. KERN: Yes. MS. LEE LOY: So, is it currently within the department, that existing plat map? MR. KERN: The existing plat map, the way it is, it's looking like we might have to relocate one of the water meters or do an out of bounds agreement with it. There are two water meters on the property, but as this lot comes in as kind of that flag lot, one of the water meters is located more makai of that. So, I have to discuss that with the Department of Water Supply, to either relocate that meter or to do an out of bounds agreement. MS. LEE LOY: Okay, and the applicant agrees to the various conditions of approval as outlined within the change of zone ordinance? MR. KERN: Yes, we went over all of the conditions and they don't have any problems with it. MS. LEE LOY: Great. Thank you, Mr. Kern. MR. KERN: Thank you. CHR. EOFF: Okay, any other comments or questions? Seeing none, all in favor please say "aye." The motion to recommend passage of Bill 177 on first reading was carried by the following voice vote: Ayes: Committee Members Chung, David, Kanuha, Lee Loy, Poindexter, Richards, and Chair Eoff — 7. Noes: None. Absent: Committee Members O'Hara and Ruggles — 2. Excused: None. Page 4 PC -31 August 21, 2018 CHR. EOFF: So, Bill 177 will move to Council with a favorable recommendation. MR. KERN: Thank you all very much, and we'll see you in a couple of weeks. CHR. EOFF: Thank you, Mr. Kern. Mr. Clerk, Bill 178. Bill 178: AMENDS ORDINANCE NO. 07-166, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL — ONE ACRE (A -la) TO MULTIPLE FAMILY RESIDENTIAL — 5,500 SQUARE FEET (RM -5.5) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-3-037:015 (Applicant: Michelle A. Mitchell (formerly Malulani, Inc.) (Area: approximately 1.278 Acres) The Windward Planning Commission forwards its favorable recommendation for this amendment to request an additional five-year time extension to complete construction of a medical clinic on the property. The property is located on Ponahawai Street, approximately 650 feet east of its intersection with Komohana Street. Reference: Comm. 1025 Intr. by: Ms. Eoff (B/R) Motion to Approve: Mr. Richards moved to recommend passage of Bill 178 on first reading. Seconded by Ms. Poindexter. CHR. EOFF: I believe Merrick Patten is in Hilo, maybe he could be available to us for questions. Dr. Mitchell is the applicant, this is a family health building and it was given a favorable recommendation by the Planning Commission. Any comments or questions, Council Members? Or does the applicant have a statement? (Note: At this time, Project Manager Merrick Patten came forward to address the members of the Committee.) MR. PATTEN: Not at this time, thank you. CHR. EOFF: Can you speak towards the microphone and just give us your name for the record.? MR. PATTEN: Merrick Patten. CHR. EOFF: Okay, and you are the project manager? MR. PATTEN: Yes, project manager for Hawaii Family Health. Page 5 PC -31 August 21, 2018 CHR. EOFF: Okay, would you like to add any background information to this? MR. PATTEN: No, thank you. CHR. EOFF: Council Members, do you have any questions? Mr. Chung. MR. CHUNG: This property is in the district which I represent and I just want to make a comment. I'm not objecting to this or I certainly will be voting in favor of it, but this is kind of strange. You know, you have the RM (Multiple -family Residential) zone property, albeit they have a use permit, but they're doing something, which basically, amounts to a commercial application, which I'm a -okay with. I mean I've seen that building as reflected in the documents that have been provided to us, it's 80 percent complete and I've seen it. It's very nice, and it's in keeping with what I believe that corridor should be. But, I just don't like the fact that it's done with a use permit. I think the proper way they should have done it from the get -go was go for a rezoning and if necessary, a General Plan amendment, whatever. And I'm wishing they can still do that at some place because I would certainly support that. I just don't like this kind of weird use permit type of arrangement for this. That's my comment, but I'll certainly support it. It's almost complete and it's a good use of that property, I believe. Thank you. CHR. EOFF: Mr. Darrow, would you mind explaining the reasoning behind the use permit rather than the rezoning? Thank you. (Note: At this time, Planner Jeff Darrow came forward to address the members of the Committee.) MR. DARROW: Aloha, Chair Eoff, and members of the Planning Committee, this is Jeff Darrow with the Planning Department. Council Member Chung, unfortunately, back when this happened, it appeared that the original owner and applicant had applied for multiple family zoning to be able to do apartment buildings. Apparently after that, the property was sold to Ms. Mitchell for the intention of doing a medical building. I wasn't a part of the actual decision of changing the zoning from RM to commercial or applying for a use permit, but the understanding was that in the RM zoning, there was the opportunity of allowance to be able to approve a medical facility, medical offices through the use permit. In regards to the overall zoning in the General Plan, the General Plan in this area is medium -density urban, which would allow both multiple -family residential, which it's currently zoned for commercial neighborhood. I believe they looked at whether or not it would be appropriate to go through a change of zone to commercial, or to just do a use permit, and I believe that the Director at that time felt that going through the use permit process was sufficient. So, they had to go to public hearing for that use permit. They had the conditions of zoning in place, Page 6 PC -31 August 21, 2018 which would be very similar to the conditions of zoning if it was neighborhood commercial at this time, they're almost—they would have the fair share condition, they would have the roadway improvements conditions, the water conditions, the fire flow and everything would be very similar. MR. CHUNG: Madam Chair? CHR. EOFF: Okay, thank you. Mr. Chung. MR. CHUNG: I think we all understand the process, we understand the history, but I'm just saying as a comment, I'm not real comfortable with it. I'm supporting this extension today, and I don't know how much more I can say about that because it is in keeping with what I believe that corridor should be. But, I just think this was a kind of weird way of doing it and I would still hope that at some point, they would come in for a rezoning instead of just doing it via the use permit. I know the permit was available to them, but it is, after all, the underlying zoning is a multi -residential zoning, not something that would be suitable for a medical center. The fact that they went administratively doesn't mean it makes it any better, but hopefully, we can get that. They don't have to correct it because they have the use permit. It's just so strange and I'm not asking for a comment from you, Jeff, it's really, it is what it is already at this point. Thank you. CHR. EOFF: Okay, thank you, Mr. Chung. MR. DARROW: Thank you. CHR. EOFF: Any other comments? Seeing none—and this is just approving the five-year time extension fordo you want to comment, Ms. Lee Loy? Okay then Council Members, all in favor please say "aye." Vote on Bill 178: The motion to recommend passage of Bill 178 on first (Approved) reading was carried by the following voice vote: Ayes: Committee Members Chung, David, Kanuha, Lee Loy, Poindexter, Richards, and Chair Eoff – 7. Noes: None. Absent: Committee Members O'Hara and Ruggles – 2. Excused: None. CHR. EOFF: Okay, we'll move to Bill 179 Page 7 PC -31 August 21, 2018 Bill 179: AMENDS ORDINANCE NO. 08-20, WHICH RECLASSIFIED LANDS FROM SINGLE FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS -10) TO NEIGHBORHOOD COMMERCIAL - 10,000 SQUARE FEET (CN -10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEYS: 2-2-036:025 AND 026 (Applicant: Dien -Jung Lin (formerly Dien -Jung Nekoba) (Area: 39.771 sauare feet) The Windward Planning Commission forwards its favorable recommendation for this amendment to request a time extension for completion of construction and payment of the water commitment fee. The properties are located on Kekuanao`a Street and Hinano Street. Reference Comm. 1026 Intr. by: Ms. Eoff (B/R) Motion to Approve: Mr. Richards moved to recommend passage of Bill 179 on first reading. Seconded by Ms. David. MS. LEE LOY: Chair? CHR. EOFF: Ms. Lee Loy. MS. LEE LOY: I have aI guess I would have to declare years ago, when I worked for a law firm, this particular change of zone application was one that I presented before the Commission and the Council. I guess I'm just going to be looking for guidance from this body or maybe Mr. Kamelamela, if this is something I should be participating in. CHR. EOFF: Okay, would you like to ask Mr. Kamelamela? (Note: At this time, Corporation Counsel Joseph Kamelamela came forward to address the members of the Committee.) MR. KAMELAMELA: Good morning, Chair, and members of the Council, Joseph Kamelamela, Corporation Counsel. Anyways, so, there is a rule here that I think all of us are familiar with. So usually, you try to state your alleged conflict in writing, and then we have to make a determination whether that's substantial or not, but it's the Chair that make's the call here. So, that's the process. So, I'm not sure what the Chair wants to do at this time, but typically, that's one way of doing it. Because hers is a little bit different because she had said that she was involved, but, I don't know at this time whether she's actually collecting anything. So, if she's not collecting anything, I can't see why that's a substantial financial interest. It's just something that she worked on years ago, right? So, we're talking about two to three years ago? Page 8 PC -31 August 21, 2018 MR. CHUNG: Madam Chairman? CHR. EOFF: Mr. Chung. MR. CHUNG: I agree with Mr. Kamelamela. It's your call based on the facts as presented by the individual Council Member, but, you make the call. I mean, I don't know what the situation is, but if she can just present what happened, we can determine CHR. EOFF: Ms. Lee Loy, I think if you could just disclose your concern or your potential reason for wanting to ask this question if you need to recuse— MS. LEE LOY: Sure. Thank you, Chair, and thank you for allowing me to clarify. When this particular parcel sought its initial change of zone application, I worked on it. I worked for the law firm who represented the applicant at this time. Since that time, I have not done any other work and what I see before us is a time extension and a commitment related to the water fees. I have not seen this application since it was approved, I'm guessing, five plus years ago now, because that's where we're at. But, I just wanted to share that with my colleagues. CHR. EOFF: Thank you for putting it on the record and I think we can proceed. MS. LEE LOY: With that, Chair, I'd like to urge my colleagues to continue to support this application. It does fit with the change in which that area is experiencing. In Waiakea House lots, we're actually seeing that area kind of reinvent itself. We had a lot of single family residential but we do see some commercial restaurants. It is quite a corridor between the airport and downtown Hilo. We just see a lot of growth for that area, and that was a direct relationship to a General Plan change to encourage that type or incentivize that type of new growth for that area. So, with that I will be supporting this application. CHR. EOFF: Okay, thank you. I'm not sure if there's any need for us to hear from the applicant, but I think there is somebody in Hilo. Is the applicant, Dien -Jun Lin in Hilo? We may have a question for you that's why. MS. MURAMOTO: Yes, they are. CHR. EOFF: Okay, thank you. Then Mr. Richards may have— (Note: At this time, the applicant, Dien -Jung Lin and her Administrative Assistant Susann Tita came forward to address the members of the Committee.) CHR. EOFF: Do you want to ask your question, Mr. Richards? Page 9 PC -31 August 21, 2018 MR. RICHARDS: Sure. Thank you, Chair. I'm just curious, the need for the time extension. MS. TITA: My name is Susann Tita. I have been the individual that has represented Ms. Dien -Jung Lin, this application and assembling it and presenting it to the Planning Commission. The reason that Ms. Lin needs the time extension is she had been delayed due to health reasons. It sort of got away from her a little bit and now she's prepared to move forward. She has her financing in order, she has all of her planning in order, and she is prepared to move on at this point. MR. RICHARDS: Okay, thank you. That makes perfect sense and I'd just like to commend Councilwoman Lee Loy for disclosing her working on this, but I think that also highlights the fact that we have someone with the experience and background in giving us a little bit context that it's the correct direction for the community as a whole. So, I think that's some of the value that we have coming forward, so, I will be supporting this as well. I yield. CHR. EOFF: Okay, thank you. Ms. David. MS. DAVID: Thank you, Chair. I also want to thank Ms. Lee Loy because I don't feel that there's any conflict based on what she has explained to this body. Her role was basically as that of an employee for the law firm and this was an assignment that she was assigned to do. So, for me, there's no conflict and I really appreciate the fact that we have some personal background and historical knowledge about this application, and I will support this application. Thank you. CHR. EOFF: Any other comments? Seeing none, then, all in favor say "aye." Vote on Bill 179: The motion to recommend passage of Bill 179 on first (Approved) reading was carried by the following voice vote: Ayes: Committee Members Chung, David, Kanuha, Lee Loy, Poindexter, Richards, and Chair Eoff — 7. Noes: None. Absent: Committee Members O'Hara and Ruggles — 2. Excused: None. CHR. EOFF: Bill 179 will move to Council with a favorable recommendation. May I have a motion to adjourn? Page 10 PC -31 August 21, 2018 ADJOURN- There being no further business, at 10:03 a.m., Ms. Poindexter moved to adjourn MENT: the meeting. Seconded by Ms. David and carried by the following voice vote: Ayes: Committee Members Chung, David, Kanuha, Lee Loy, Poindexter, Richards, and Chair Eoff — 7. Noes: None. Absent: Committee Members O'Hara and Ruggles — 2. Excused: None. CHR. EOFF: We're adjourned. Thank you. Approved: a Ms. Karen Eoff, Cha' Planning Committee KE/j m ?•,;I-191 (Date) Page 1 1