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HomeMy WebLinkAboutMIN PC 2019/04/23 2018-2020Committee on Planning 81' Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona. Hawaii April 23, 2019 CALL TO The regular meeting of the Committee on Planning was called to order at ORDER. 1.37 p.m., in the Council Chambers, Kailua-Kona, by Ms. Ashley Kierkiewicz, Chair. ROLL. CALL Present Nis. Ashley Kierkiewicz, Chair Ms. Susan L. K. Lee Loy, Vice Chair Mr. Aaron S. Y Chung, Member Ms. Maile Medeiros David, Member Nis. Karen Eoff, Member Mr. Herbert M. "Tim" Richards, III, Member Ms. Valerie T Poindexter, Member Nis. Rebecca Villegas, Member Absent & Excused: 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. The following individuals registered to comment on Bill 47 (Comm. 196). and came forward when called by the Chair- Sherry hair Sherry Kalaniopio. Daniel Wadahara. CHR. KIERKIEWICZ Any other testifiers on Bill 47? Seeing none, I will close public testimony at this time and move on to order of business for today C OMMUNI- 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, Order RESOLUTIONS. of Resolutions. (There were none.) PC -8 April 23, 2019 BILLS FOR The Chair directed the Committee to proceed to the next order of business, ORDINANCES Bills for Ordinances. CHR. KIERKIEWICZ. Mr. Clerk, if you could please read in Bill 47 Bill 47 AMENDS SECTION 25-8-11 (LALAMILO-PU'UKAPU ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL — FORTY ACRES (A -40a) TO AGRICULTURAL — FIVE ACRES (A -5a) AT PU'UKAPU HOMESTEADS 2 N SERIES, WAIMEA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-4-017:043 (Applicant: 64-560 Mamalahoa. LLQ (Area: 10.94 Acres) The Leeward Planning Commission forwards its unfavorable recommendation for this change of zone, which would allow the applicant to apply for subdivision of the parcel and create a flag lot. The commission cites concerns over flood control and the applicant's request to construct two driveway access points to Mamalahoa Highway The property is located approximately 42 miles west of White Road and 150 feet east of Pu'u Manu Place. Reference: Comm. 196 Intr by Ms. Kierkiewicz (B/R) Postponed. April 9, 2019 (Note: There is a motion by Mr. Richards, seconded by Ms. Lee Loy, to recommend passage of Bill 47 on first reading.) ,and Comm. 196.1 From Planning Director Michael Yee, dated March 19, 2019, transmitting the draft transcript from the Planning Commission's February 21, 2019, meeting. , and Comm. 196.2: From Council Member Susan L. K Lee Loy, dated April 11, 2019, transmitting proposed amendments to Bill 47 CHR. KIERKIEWICZ: Thank you, Mr. Clerk. As hd noted, there is a motion and a second on the floor to move this forward to Council with a positive recommendation. If you recall at our last Planning Committee, we reviewed the ordinance and noticed there were no conditions attached, and so this is an opportunity that Council Woman Poindexter took to meet with the Planning Consultant and meet with neighbors of the property to talk story about those conditions. So, Ms. Poindexter, if you want to share with us the result of those meetings, that would be helpful Page 2 PC -8 April 23, 2019 MS. POINDEXTER: Thank you. At the same time, if I could ask Zendo (Kem) and the applicant to come forward because I want you to—oh, Zendo, elaborate more. (Note: At this time, Planning Consultant Zendo Kem came forward to address the members of the Committee.) MS. POINDEXTER. With several phone conversations, well, I did with the Onoderas and then we had, I would say, four face-to-face including today before this meeting. i think two of which were on the subject property: and the Onoderas' property—that we went—we met once, on Good Friday, so we didn't have a holiday And I think I want—Zendo, if you could explain about what—when we met, you know, what they offered in good faith, to start up with and then I'll go from there. So if you could talk about the good faith effort that is being made. MR. KERN: Thank you. Zendo Kem, Planning Consultant. Good afternoon, Madam Chair and members of the Planning Committee. Yes, we ended up having a, like Council Woman Poindexter said, we had a meeting that first took place in her Council office. That was great. And that then went into a meeting on site, so both the members of—applicants and the Onodems, and Sherry, was there. We had an opportunity to basically sit down, and talked story about what was going on. Got to go walk the site, look at the area, look at the maps, and whatnot. It's clear there's flooding issues that exist with or without this change of zone. At the end of it, we looked at it and said there's got to be a way to make this better. And so, the applicant definitely agreed to work with the surrounding property owners, which is also part of Condition K that's coming up. Further, we submitted a letter that basically outlines the letter's going to get worked on, but it basically shows the commitment from them. The applicant said that they would be more than willing to work with the Onodera property to make sure that whatever is going in there actually makes the flooding situation better. They also even actually offered to put in a potential drywell or French drain, down lower, which would help mitigate a situation. So it turns out to be one of these situations that it's actually going to make it better. Almost a blessing in disguise. Because as it sits now, its a bad situation. When it floods, it sits there. So through this action, it would obviously create neighbor camaraderie, but it will help make the Onodem property much better. I did submit kind of a couple of drawings for you folks to see, just to kind of give some spacial awareness of where the properties are, where the Onodera property Page 3 PC -8 April 23, 2019 is There's a Google image as well as the proposed subdivision map showing the various properties where the flood zone is, et cetera. I also gave the Onoderas my personal guarantee that I'm there, they can call me. or whatever is happening, any questions, that I'll be there to help and work through anything that's going on. I know a big part for Mr Wadahara is to be part of it. So this, what's being submitted, doesn't go to just satisfy Condition K. That's it, this is just kind of the beginning talk story about it, to make sure that we have—the intent is there. So when we do have the Civil Engineer come out, he'll be there on site. We can look at it, because there's nothing like local knowledge to where the flooding comes from. It appears to be an issue of where the flooding does come from and that's something we can maybe get into later. At the end of the day, I think we have a good compromise, a willingness on all parties. And at the end it will make it better for both the applicant as well as the Onoderas. NIS. POINDEXTER: To just reiterate on what you said, about what they submitted as their good faith, that it will not be considered as satisfying Condition K, which Condition K talks about the consultation with the neighbors during the development of this and the drainage plan and all of that. If that happens, I know some of the concerns that testifiers came up with was during the development plan stage, right? Because we're at the rezoning stage So when we had our meetings, I explained to them that's why the conditions were very important. Because once it's—if it's rezoned, it doesn't come before the Council anymore, right? So it's important the conditions are on here so that it holds our Planning Department's feet to the fire on following these conditions. Also with this memo, it just kind of secured that, yeah? And this alsoprobably Planning Department will also look at this, too So, I understand the concerns of flooding issues. And talking with Ms Onodera and Mr. Wadahara—and we keep saying the Onodera property, too. But husband and wife—and Wadahara, we never hear that name. But thank you, with no disrespect, 1 keep referring it to the "Onodera property" because for generations, it's been the Onoderas' Like I told the other neighbors, yes their matters, but to me the voice that carries the weight is the Onoderas' because they are the ones being directly impacted by the flood, and their home is at risk. So a rezoning—something will be done with drainage. It cannot—the law doesn't allow it to get worse, right? We're looking at making it better. And we even went as far as talking about, how do we look at this flood zone area and how do we get rid of that flooding? Something's happening at the top. You know, the Page 4 PC -8 April 23, 2019 water is coming from some place. How do we make it less? I don't know if that's even possible. But I know that what can be possible is that we can make less flooding as it comes down through French drains, through drywells, whatever we do to lessen the water as it comes down. The strange thing is when I went to your property the first time, it was—how water usually flows all downhill, right? But as it gets to your property, it shoots left. You know, it comes down and it shoots left. And I'm going, "How is that possible?" Everything goes into their property The other thing I want us as a County to look at, too—we have the County road fronting their property We keep repaving, and repaving, and repaving over the years, so the road is high now. When the flooding used to take place in that area, it used to flow across the highway, not allowing it to puddle as much as it does now, and flow across the roadway, relieving them a little bit. But now it's coming up to his knees, it's up to my waist, because you're taller than I am. So, what are we doing as a County? Do we have a drywell down on that area, fronting their property? It flows out and it pushes back into their garage because our County road is higher there, too. So, there's a lot of things that we are going to be looking at. Rezoning is a different subject, right? Because the flooding, we've still got to address that. That's we always said—I mean, we talked about how this is a blessing in disguise. You know, this applicant came forward, and now how do we make it better? You know, we all have a part in this, not only the landowner but other neighbors and our County So, I like that. We came together. We work together. We even talked about creating a kumiai there, you know, like we did back in the day Because we're having new people moving, right? We need to start being good neighbors. And I really appreciate that. Thank you, Zendo. Thank you, Sherry, Gail, and Mr. Wadahara. Thank you so much. And of course, the applicant, too, thank you so much for taking the time on Good Friday to come and make it. MR. KERN: Yeah. You're very welcome. I'm really pleased actually with the outcome of this. I just—hos. Onodera shared with me earlier that she actually been trying to reach out to DPW (Department of Public Works) regarding this flooding issue. So in a way, this 1s a really good thing because it's the friction that's going to create, I believe, a positive change and a positive outcome. MS. POINDEXTER: And I have one more thing to say I know that Gail Onodera had asked our Planning Department to keep them updated, you Mow, when this application was going through. And this is one thing I think we as government need to work on; if somebody doesn't have an email and you can Page 5 PC -8 April 23, 2019 receive text, there's some way that we should be able to communicate with them. Because she was told by someone in the Planning Department that we've got to just watch the papers. Is that correct? Watch the papers for any communication and anything that's going on because they cannot get (inaudible). Communication is important, especially in things of rezoning. Thank you. MR. KERN And iwe should touch real brietly on the road set aside, future road set aside going through there, that was a Planning Department function to have those in there for something that may or may not occur, many years in the future. Trying to look at proper planning, where other lateral roads may at some point come across. There's obviously no intention with this property, right? It makes no sense to do anything like. It's actually cumbersome for this property But that's the intention for that. It's kind of that 20, 30, 40, 50 year outlook of whether it comes about or not. But that's why it's there, yeah, from the Planning Department subdivision section. CHR. KIERKIEWICZ. Thank you, Ms. Poindexter, for your work in coordinating meetings with the applicants and the community so that we can come to a resolution that everybody can feel good about. I think, Zendo, that's a good segway into asking Jeff Darrow I see you and Christian Kaye in the Hilo office from Planning Department. I think you heard some of the testimony, so I'm hoping that you can address some of that and also provide feedback if you had a chance to read the proposed amendments to this bill. I believe it is verbatim, the conditions that the Planning Department recommended be included. But I just wanted to make sure that you had a chance to review, and that these are in line with previous requests for rezones. (Note: At this time, Planning Manager Jeff Darrow came forward to address the members of the Committee. MR. DARROW Thank you. Good afternoon, Chair Kierkiewicz and also Council Members. Jeff Darrow with the Planning Department. Also with me today is Christian Kaye, Planner with the Planning Department. Correct. Looking at the introduced conditions under Communication 196.2, these basically are the introduced conditions previously that were recommended by the Planning Director and forwarded to the Planning Commission With the addition of some changed language in Condition E, that was also requested to be amended at the Planning Commission hearing, as well as an additional Condition K, which was at our last hearing at Planning Committee. We discussed using Condition K as a pertinent condition relating to working with the surrounding property owners regarding the drainage matter. CHR. KIERKIEWICZ: Thank you, Mr. Darrow. Any comments? Page 6 PC -8 Apn123, 2019 MR. DARROW, Yeah, if I could. Yeah, I wasjust going to comment on the earlier testifier regarding the extension of how Hauhoa Street, from Kipahele. What the Planning Department does, is try to look, as Zendo had mentioned, long- term. This is to provide road connectivity, and that is one the goals objectives and policies of the General Plan when creating future alignments as we go through subdivisions. In this particular case, we've had a previous rezone, in between the applicant's property and Kipahele Street We've had actually two previous rezones that they've brought through, a 50 -foot road and utility easement. And again, that's just for future planning; if in the future this area turns into smaller lots, then it would provide more connectivity The objective is to minimize the amount access points along the highway and focus those on particular roadways that are most likely dedicable standards, and then bring them up and across. So again, trying to alleviate some traffic along the highway and not increasing access points. CHR. KIERKIEWICZ. Thank you, Mr. Darrow Council Members, any more questions for Mr. Kern or Mr. Darrow? If not, I'm going to ask my colleague, Ms. Lee Loy, for a motion to amend Bill 47 with the contents of Communication 196.2. Motion to Amend: Ms. Lee Loy moved to amend Bill 47 with the contents of Communication 196.2. Seconded by Mr. Richards. CHR. KIERKIEWICZ. Any discussion? MS. LEE LOY Chair, if I may? CHR. KIERKIEWICZ. Please. MS. LEE LOY Thank you And again, just to clarify Mr. Darrow, Mr. Kaye, the contents of Communication 196.2 has the support and the direction of the Planning Department, is that correct? MR. DARROW Yes, that's correct. MS. LEE LOY Thank you You guys look really sharp with those leis Must be Merrie Monarch that's why MR DARROW That's why MS. LEE LOY. Mr. Kern, thank you. Please, the contents of Communication 196.2, has the applicant read the Conditions of Approval and support the Conditions of Approval? Page 7 PC -8 Vote on Motion to Amend: (Approved) Vote on Bill 47 Draft 2 (Approved) April 23, 2019 MR. KERN: Yes and yes. MS. LEE LOY: Thank you. I don't have any other discussion. But I will be supporting this amendment. It really looks like a great collaborative effort on the applicant's part: and then our Council Member from the district, understanding the needs of the district and working with the community Sometimes there are blessings in disguise I have to point to sometimes rocks and hard places to get people to talk. So those rumbles are a good place to be sometime. So with that, thank you. I yield. CHR KIERKIEWICZ. Thank you, Ms. Lee Loy All in favor to amend Bill 47 with the contents of Communication 196.2 please say "aye." The motion to amend Bill 47 with the contents of Comm. 196.2 was carried by the following voice vote: Ayes: Committee Members Chung, David, Eoff, Lee Loy, Poindexter, Richards, Villegas, and Chair Kierkiewicz — 8. Noes: None. Absent: Committee Member Kaneali`i-Klemtelder — 1. Excused: None. CHR. KIERKIEWICZ. Any further discussion on Bill 47 in its amended state? No? Okay, all in favor to move Bill 47 to the Council with a positive recommendation please say "aye." The motion to recommend passage of Bill 47, as amended to Draft 2, on first reading was carried by the following voice vote: Ayes: Committee Members Chung, David, Leff, Lee Loy, Poindexter, Richards, Villegas, and Chair Kierkiewicz — 8. Noes. None. Absent: Committee Member Kaneali`i-Kleinfelder— 1. Excused: None. CHR. KIERKIEWICZ. Thank you all for being here. MR. KERN: Thank you very much. CHR KIERKIEWICZ. Motion to adjourn? Page 8 PC -8 April 23,'_019 ADJOURN- There being no further business, at 2:00 p.m., Ms. Eoff moved to adjourn the MENT meeting. Seconded by Ms. Poindexter and carried by the following voice vote: Ayes: Committee Members Chung, David, Leff. Lee Loy, Poindexter, Richards, Villegas, and Chair Kierkiewicz — 8. Noes: None. Absent: Committee Member Kaneali'i-Kleinfelder — 1. Excused: None. CHR. KIERKIEWICZ. Meeting is adjourned at two o'clock. Thank you 1�7/l ApprovO,n� Ms. Ashley L. Kierkiewicz, Chair Planning Committee AK/na Page 9