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HomeMy WebLinkAboutREP PC 047 2020/03/10 2018-2020REPORT OF THE COMMITTEE ON PLANNING DATE: March 10, 2020 Re: Comm. No. 764/Bill No. 141 PLACE: Council Chambers Hilo, Hawaii TIME: 11:01 a.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 141, reports as follows: Bill No. 141, transmitted by Mayor Harry Kim via Communication No. 764, dated January 29, 2020 (REZ 19-000239), amends Section 25-8-7 (North and South Kohala District Zone Map), Article 8, Chapter 25 (Zoning) 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 residential and agricultural — five acres (RA -5a) at Kahua 1st, North Kohala, Hawaii, covered by TMK 5-9-001:008. The Leeward Planning Commission, at its duly noticed meeting on January 16, 2020, voted to forward a favorable recommendation to the Council for the change of zone, which would allow the applicant to subdivide the property into six lots to develop a residential subdivision. The property is located three miles north of Kawaihae Harbor on the makai side of Akoni Pule Highway. Appearing before Your Committee was Land Use Consultant Gregory Mooers, representing Dr. Nathan Myhrvold and his wife, owners of Kohala Shoreline, LLC, as well as archaeologist Dr. Robert "Bob" Rechtman of ASM Hawaii. Planning Director Michael Yee and Planning Program Manager Jeff Darrow were also present in the Hilo Chambers. Mr. Mooers introduced himself and outlined the history of the project as well as the rationale behind the current owner's decision to rezone the property back to RA -5a. He presented a map showing the property, explaining that development of the land according to the RS -15 zoning would have been more destructive and that the new zoning would preserve more of the land's cultural and natural resources. He also began to explain how the current owner had worked with the community to address concerns from a previous environmental assessment. Mr. Mooers stated how the new zoning and setbacks would preserve as much of the natural resources and historic sites as possible and acknowledged the owner's support of the conditions of approval proposed by the Planning Department. PC Report No.: 47 PC -47 Page 2 March 10, 2020 Mr. Mooers also requested some additional clarifying language to be added to Conditions J and K regarding shoreline setbacks and structural heights. He addressed testimony made by Albert Kaho`opi`i earlier in the meeting regarding land ownership, stating that the property is "land courted," that "we believe we have clear title," and that zoning was the only issue that the Council could weigh in on. Council Member Valerie Poindexter acknowledged that decisions regarding land ownership do not fall under the Council's jurisdiction, voiced her support for the Kaho`opi`i `ohana. Council Member Tim Richards reiterated that zoning was the main issue before the Council. He brought up a procedural question, asking how the condition clarifications previously mentioned by Mr. Mooers would be included. Chair Kierkiewicz explained that procedurally Council Members can introduce the amendments but first asked the Planning Department whether they found amendments to Conditions J and K brought up by Mr. Mooers to be acceptable. Director Yee conferred with Mr. Darrow and then nodded to affirm the amendments were acceptable. Chair Kierkiewicz asked that the record reflect that the Planning Department was amenable to those changes. Council Member Maile David apologized for her exchange with Mr. Tamashiro during the recess, and offered her personal assistance to the Kaho`opi`i family as an experienced paralegal, and voiced her support for a downzoning of the property. Council Member Sue Lee Loy echoed that a downzoning would be a good thing. She wanted to ensure that the outlined conditions would be included on the "CC&Rs" (Covenants, Conditions & Restrictions) to make sure they are held to a higher standard and to ensure they would be carried forward in perpetuity. With that, she voiced her support of the bill. Council Member Karen Eoff supported the downzoning and added that the Council doesn't have authority over land claim issues brought up by the testifiers. She further wanted to make sure all archaeological assessments had been completed. Council Member Matt Kaneali`i-Kleinfelder brought up water source and usage, waste treatment, effluent, and concerns regarding archeological sites. He wanted to ensure those issues were addressed and requested that the word "unlikely" be removed from Condition V from the phrase "in the unlikely event that we find remains or cultural deposits," since they had already been found. Chair Kierkiewicz suggested an amendment, to which the Planning Department had no objection. She explained how she will work with Mr. Mooers on the three suggested amendments prior to the next convening so the Council would have what they need to move forward. PC Report No.: 47 PC-47 Page 3 March 10,2020 Chair Kierkiewicz acknowledged the Kaho`opi`i family for sharing their story and thanked the applicant's team for working with the community to genuinely address their concerns. She also invited the Planning Department to make closing statements, but Director Yee had none. Council Member Kaneali`i-Kleinfelder asked one of the previous testifiers, a member of the Kaho`opi`i family, to come forward to make a statement regarding their concerns about the water and archaeological issues. He also asked whether that could be made into a condition. Mr. Mooers reiterated that the owner is more than willing to continue to work with the community and those that testified to move forward with regards to water and archaeological resources. Both parties agreed to work together. Chair Kierkiewicz replied that a lot of latitude had already been given and that the Committee does not typically allow testifiers to be part of the discussion. She explained that she didn't think a condition was necessary as the applicant had been engaging the community thoughtfully and consistently and that she was comfortable taking Mr. Mooers' and Dr. Rechtman's word that they would work directly with the Kaho`opi`i family. Council Member Lee Loy acknowledged several checks and balances in the bill that should ensure that archeological issues would be addressed. She also explained there is an annual report required that addresses every single condition of approval outlined within the ordinance and that the community would be invited to re-engage at the time of the status updates. The vote was taken on the motion to move this measure to Council with a positive recommendation and passed with nine"ayes." Your Committee on Planning is in accord with the purpose and intent of Bill No. 141, and recommends its passage on first reading. cc AYES NOES ABS EX Respectfully submitted, CHUNG X DAVID x COMMITTEE ON PLANNING EOFF X KIERKIEWICZ X KANEALI`I-KLEINFELDER X Ni\j‘ljR LEE LOY X POINDEXTER X ASHLEY L. KIERKIEWICZ, CHAIR RICHARDS X PC REPORT NO.: 47 VILLEGAS X ADOPTED: MAR 2 5 2020