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HomeMy WebLinkAbout2019-05-02 Hearing Transcript - Leonard & Marianne Freeman REZ 19-234WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT MAY 2, 2019 A regularly advertised hearing on the application of LEONARD AND MARIANNE FREEMAN (REZ 19-000234) was called to order at 10:09 a.m. in the County of Hawaii Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii with Chairman Joseph Clarkson presiding. COMMISSIONERS PRESENT: Gilbert Aguinaldo, Dean Au, Joseph Clarkson, Thomas Raffipiy, John Replogle. ABSENT & EXCUSED: Donn Dela Cruz. ALSO PRESENT: Michael Yee (Planning Director), Malia Hall (Deputy Corporation Counsel for the Windward Planning Commission), Jeff Darrow (Planning Program Manager), Maija Jackson (Planner), Christian Kay (Planner), Jessica Andrews (Planner), and Sarah Hata-Finley (Commission Secretary). And 10 members from the public in attendance. APPLICANT: LEONARD AND MARIANNE FREEMAN (REZ 19-000234) Application for a Change of Zone from an Agricultural -20 acres (A -20a) to an Agricultural -5 acres (A -5a) zoning district for approximately 11.57 acres of land. The subject property is located on the northwest side of Kihalani Homestead Road, about 0.90 miles from its intersection with Hawaii Belt Road (Highway 19), Kihalani Homesteads, North Hilo, Hawaii, TMK: (3) 3- 5-004:030. CLARKSON: The next item on the agenda is an application from Leonard and Marianne Freeman, a rezone application. Please proceed with your presentation when you're ready, Maija. JACKSON: Thank you, Mr. Chair. Chair Clarkson, can we request a five-minute recess? CLARKSON: Certainly. JACKSON: Thank you. CLARKSON: The Chair declares a five-minute recess. We will resume in five minutes at approximately 10:16. Chairman Clarkson called a recess at 10:10 a. m., and the meeting was reconvened at 10:18 a. m. CLARKSON: We're back in session. The next item on the agenda, Item No. 2 is a rezone application from Leonard and Marianne Freeman. Maija, if you would - 10,14 111 1.11 ould h►VO111.11 1.1 JACKSON: —Thank you, Mr. Chair. Appreciate it. So, the next application is located in the North Hilo District between the towns of Laupahoehoe and Papa`aloa. You can see Laupahoehoe Point on the top of the slide, and the subject property is outlined in red in the middle of the slide. So, here you have the Hawaii Belt Road, and then off of that to access the property, you would take Kihalana [sic], I'm sorry, Kihalani Homestead Road up to the subject property. The Applicant is requesting a Change of Zone from Agricultural – 20 acres to Agricultural – 5 acres in order to subdivide the 11.47-[11.57] acre property into two lots. Two lots is the maximum number of lots that can be created with Agricultural – 5 acre zoning should the Change of Zone request be approved. There are currently two farm dwellings on the property. One is considered a first farm dwelling, and the other is an additional farm dwelling. There's also an agricultural storage building on the property. And, the Applicant's purpose for this rezone is to create the 2 -lot subdivision for estate planning purposes. They will continue to reside in one of the homes. The property is also currently being used for cattle grazing. So, this is the Applicant's proposed site plan. You have Kihalani Homestead Road on the right side of the slide, and there are two houses. This is the farm dwelling, and this house here is the additional farm dwelling, and then closer to the road is the agricultural storage structure. There are two existing driveways from the road. One is located in this area, and then another one is located near the farm dwelling on the makai side of the property. So, the Applicant is just proposing a 2 -lot subdivision. This is the general location here in the middle of the proposed lot line division. So, there would be one house on each lot should the Change of Zone and subdivision be approved. The County zoning for the property is Agricultural – 20 acres. That's shown in the dark green color. Last year, mid to late last year, the Planning Commission approved or recommended a favorable recommendation for a Change of Zone, and the County Council approved a Change of Zone for this lot directly across the street which was previously zoned Agricultural – 20 acres. So, the current Applicant is proposing to do the same. The General Plan designation for the property is Important Agricultural Land which is shown in the light green, and the State Land Use District of the surrounding area and the property is Agricultural. This is an aerial view of the property. You have the Kihalani Homestead Road running through the top and bottom of the slide and then the farm dwelling with the red roof located here. Additional farm dwelling with the white roof located here, and then the existing agricultural storage building closer to the road. These are some photos of the property. This is the more makai farm dwelling. You can see in the very back little dots. Those are the cattle that are currently grazing on the property. And EXHIBIT B 2 then this is the existing driveway to that house, and then this is the other driveway further mauka. This is to provide access to the ag storage building and the additional farm dwelling. This is a view of Kihalani Homestead Road looking mauka or west. The subject property is on the right, and you can see the roof of this house here is the location of the rezone that was done last year by the County Council. The—let me go back to this slide. So, Kihalani Homestead Road is a County -owned road, County owned and maintained. It has about 11 to 12 feet of pavement width, so it is a narrow road, but there are large, grassy shoulders. The Planning Director is recommending a favorable recommendation to the County Council for this Change of Zone request. And, that concludes my presentation. I'd be happy to answer any questions. CLARKSON: Any questions for staff? If not, will the Applicant or their representative please come forward? Please raise your right hand. Do you swear or affirm to tell the truth on this matter before the Commission today? KERN: Yes. CLARKSON: Please introduce yourself and your relationship to the application and proceed. KERN: Thank you. Zendo Kern, Planning Consultant. I'm here representing the Freemans. Good morning, Mr. Chair, Members of the Windward Planning Commission, Mr. Director, Corporation Counsel, and all the wonderful staff of the Planning Department. Yeah, so far this is a relatively straightforward application. Some of you saw the adjoining property that we were in for last year. This area is comprised of multiple -sized lots from two acres, five acres, ten acres, actually very few 20 -acre parcels. Those lots were created prior to the, the majority of those lots were created prior to the zoning, and then when the County came along with doing zoning, they said, you know, this area is Ag -20. So, it's kind of odd how a lot of the lots are smaller even though it's zoned Ag -20. In this case, I think Maija did a wonderful job with explaining everything in the presentation. The density of two homes already exists, basically subdividing it. So, that density will remain within the conditions that precludes from additional farm dwelling in there as well. So, there's no chance of really increasing density. It will remain at the same density and allow to be subdivided. We have reviewed the conditions and recommendation, and we're okay with those, and I'm happy to answer any questions that the Commission may have. CLARKSON: Any questions for the Applicant's representative? No? Thank you. KERN: Thank you. EXHIBIT B 3 CLARKSON: At this time, we'll take public testimony, if any. There is no one who wishes to testify on this matter apparently. At this time, I'd like to receive a motion that public testimony be closed. RAFFIPIY: So moved. AGUINALDO: I second. CLARKSON: All those in favor? COMMISSIONERS: Aye. CLARKSON: Opposed? Motion carried. Public testimony is closed. Is there any further discussion on this? HALL: Motion first. CLARKSON: Hm? HALL: Motion first, then discussion. CLARKSON: Oh, motion first, then discussion. Is there a motion for action? RAFFIPIY: I'll make a motion, Mr. Chairman. I move that a favorable recommendation be forwarded to the County Council on the application for Change of Zone Docket No. 19-000234 based on the Planning Director's recommendations which shall be adopted. AGUINALDO: I second. CLARKSON: It's been moved and seconded. Now is there any discussion? Feel free, don't hesitate if you have a question. REPLOGLE: I sort of do. Is this leading eventually to breaking up ag land into—this is more for the Director I guess—into smaller and smaller pieces? Not that everybody wants to farm 20 acres, but next year, they'll be back asking for 2 -acre lots, and the next year 1 -acre lots. And, Laupahoehoe will be covered with people instead of food. YEE: That's certainly not our intent that, to go there. So, first of all, we, we're very cognizant around the density issues; hence why we put the condition on not adding additional farm dwelling units. So, it's not the situation where they, they're trying to create more density, more lots that they want to sell. It clearly was for estate planning for this owner. When it comes to issues around our approach to agricultural lands on the island, it's a much larger conversation then I could probably have here right now at this moment. But know that we're very sensitive over the uses and how we approach agricultural lands on this island, and it is a big question. We are very attuned to important ag lands and often you see in EXHIBIT B 4 the background report, we address what, you know, what the ag lands are designated for and being thoughtful about the uses being proposed for them. REPLOGLE: Thank you. YEE: That's the shortest answer I can give you in this moment. CLARKSON: I'm going to, I'm going to actually respond to Commissioner Replogle addition please look at the map and note that when this was zoned Ag -20, the vast majority of the lots were much smaller than that. I live in a very similar area further up Hamakua with much larger parcels than this actually, and it's zoned Ag -5. I personally think whoever did the zoning made a big mistake. An area like this with predominantly small parcels, homestead parcels, should have been zoned Ag -5, the entire area. And, I would hope that the Council in its wisdom would someday make that change, but as for now, I'm in favor of the motion. JACKSON: If I may, Chair Clarkson, add to both you and Director Yee's discussion, too. So, for this particular area, speaking to the future, there is a limitation on water availability the more mauka you go up Kihalani Homestead Road. So, there are just a few other parcels located closer to the highway that potentially could be rezoned, maybe this lot, I'm sorry maybe this lot, this lot, and this lot. But, as you go further up the road, there is not [sic] water available for upzonmg. CLARKSON: If there's no further discussion at this time, please call for the vote. JACKSON: Commissioner Raffipiy? RAFFIPIY: Aye. JACKSON: Commissioner Aguinaldo? AGUINALDO: Aye. JACKSON: Commissioner Au? AU: Aye. JACKSON: Commissioner Replogle? REPLOGLE: Aye. JACKSON: And Chair Clarkson? CLARKSON: Aye. JACKSON: Okay, the motion carries five, zero. EXHIBIT B 5 The discussion ended at 10:31 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 10V1111.11 1.1