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HomeMy WebLinkAbout2020-02-20 Leeward Exh B (REZ 19-238) LEEWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT FEBRUARY 20, 2020 A regularly advertised hearing on the application of BNP PARIBAS VPG BROOKLINE CRE, LLC (REZ 19-000238) was called to order at 9:49 a.m. in the West Hawaii Civic Center, Community Center, Building G, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii, with Chairperson Nancy Carr Smith presiding. COMMISSIONERS PRESENT: Nancy Carr Smith, Perry Kealoha, Max Newberg, Keith F. Unger, Mark Van Pernis and Michael Vitousek ABSENT AND EXCUSED: Faith "Faye" Yates ALSO PRESENT: Malia Hall, Esq. (Counsel for the Commission), Michael Yee (Planning Director), Jeff Darrow (Planning Program Manager), Alex Roy (Planner), Christian Kay (Planner), Jessica Andrews (Planner) and Noriko Sauer (Commission Secretary) And approximately 25 people from the public in attendance. APPLICANT: BNP PARIBAS VPG BROOKLINE CRE, LLC (REZ 19-000238) Application for a Change of Zone from a Single-Family Residential-7,500 square feet(RS-7.5) and Multiple-Family Residential-3,500 square feet(RM-3.5)to Residential and Agriculture-3 acres (RA-3a) and Single-Family Residential-20,000 square feet(RS-20) zoning district for 29.949 acres of land. The subject property is located east and west of the La`aloa Avenue extension between La`ela`e Street and Kuakini Highway, Pahoehoe 2nd, North Kona, Hawaii, TMKs (3) 7-7-008:120 and 124. CARR SMITH: All right, moving along to Agenda Item No. 2, Applicant BNP Paribas VPG Brookline CRE, LLC, REZ 19-000238, application for a Change of Zone from a Single-Family Residential-7,500 square feet and Multiple-Family Residential-3,500 square feet to Residential and Agriculture-3 acres and Single-Family Residential-20,000 square feet zoning district for 29.949 acres of land. The subject property is located east and west of the La`aloa Avenue extension between La`ela`e Street and Kuakini Highway, Pahoehoe 2nd, North Kona, Hawaii. TMK is (3) 7-7-008:120 and 124. Planning Department? ROY: Good morning, Commission. Today we are going to be talking about a Change of Zone, it's actually downzoning, application for two parcels. Here is a project location map. On the left you see a map showing the project area, south of Kailua-Kona. On the right an outline in yellow of the two parcels showing that just off of the highway, Kuakini Highway, and the road running through it is La`aloa Avenue. 1 EXHIBIT B At this time the applicant is requesting a Change of Zone for Parcel 120 from RM-3.5 and RS-7.5 to RS-20, and then a Change of Zone for Parcel 124 from RS-7.5 to RA-3a. The reasons for the request at this time: The applicant is a bank that acquired the property via foreclosure; this downzoning is proposed to support future sale of the parcels to developer; but, really, it is due in part to the maximum number of units of water, at this time it's 37, so the downzoning will align with the available water units; and then the downzoning also better aligns the parcel zoning with the Kona CDP. So for that reason,they have requested this downzoning of these two parcels. Here is a County zoning map of the two parcels you can see outlined in yellow. The Parcel 124 is bisected by La`aloa, the parcels are bisected by La`aloa, so 124 is on your right and 120 is on the left. And you can see that 120 right now is actually dual-zoned; it's kind of cut into three lots, so you have the RM-3.5 on the makai side and then the next little segment is another lot that's RS-7.5, which is the same as the lot next to the highway. Here is the State Land Use Boundary Map, so this is, note that this area is in the Urban District; the entire parcel is in the Urban State Land Use District. The surrounding areas in green are the State Land Use Agricultural District, but the majority of this region with the development is in Urban. The LUPAG, so the General Plan LUPAG Map shows this area as, um that's right, I'm so sorry—as Urban Expansion in most of that area. You see the Medium Density Urban, Low Density Urban also in the surrounding areas that kind of align with some of the subdivisions. Along the shore, along the coastline is the area of Open that coincides with coastal areas typically. Here is an aerial photograph of the two parcels, Parcel 120 and Parcel 124. I kind of separated the two so I can expand it, but really what you see is extensively overgrown, and no structures, no development, completely overgrown parcels, only development being La`aloa Road, which bisects. Here's some photographs. We stopped along that area between the two parcels, and you can see the La`aloa Ave. view north towards the highway, and South into the property. So this is well developed with a median. And then a view east mauka up the hill to Parcel 124 and then a view west makai to Parcel 120 you can see how extensively overgrown mostly kiawe, buffelgrass, things like that. The signage for the proposed project is visible in the picture. At this time the Planning Director is recommending to forward a favorable recommendation to the County Council for Change of Zone Application REZ 19-238. That's it. Any questions? CARR SMITH: Any questions, Commissioners? [None.] Okay. Can the applicant please come forward? Good morning. 2 EXHIBIT B HARRIS: Good morning. CARR SMITH: Please raise your right hand. Do you swear or affirm to tell the truth on this matter now before the Planning Commission? HARRIS: Yes, I do. CARR SMITH: Thank you. Please state your name and who you are representing. HARRIS: My name is Roger Harris. I'm representing BNP Paribas, the landowner applicant, which is a bank in New York at this point. CARR SMITH: Did you receive the Planning Director's background recommendation report? HARRIS: Yes. CARR SMITH: Okay, and do you agree with the recommendations and conditions of approval? HARRIS: Yes. CARR SMITH: In total? HARRIS: Yes, they are acceptable. CARR SMITH: Do you have any further comments or want to share anything with us? HARRIS: No,just that the bank acquired this at the downturn, and it is a, and then cooperated with the County in a friendly condemnation to pick up the La`aloa Avenue through the parcel. So the applicants have been working with the County and working toward the end. We had a traffic study done that said it could handle up to 43 additional units without any further traffic improvements in the vicinity, and that's one factor supporting the downzoning. And the other factor is, of course,the water units. It's a slight possibility that there could be a few more water units picked up, but in any case right now the total development allowed by the water units would be 37 lots or houses, and if a few more were picked up, it could go up to 43, and that's, the zoning recommendation allows for that. So we'd appreciate a favorable recommendation. This current zoning allows 275 units on the property, so it's a major downzoning and it will be much more low-density than the general neighborhood. We also have met with Public Works, and we'll not allow any water, you know, any increase in water flowing off the property onto other properties. Thank you very much. 3 EXHIBIT B CARR SMITH: Questions for the applicant, Commissioners? No? Okay. Thank you very much. You maybe seated. HARRIS: Thank you. CARR SMITH: All right, it looks like we have some public testimony on this one. Could Simmy McMichael and Lokelani McMichael please come forward? [Ms. Simmy McMichael displayed a collage ofpictures and articles towards the Commission.] CARR SMITH: Good morning. Please raise your right hand. Do you swear or affirm to tell the truth on this matter now and before the Planning Commission? S. MCMICHAEL: Yes. L. MCMICHAEL: Yes. CARR SMITH: Please speak into the mic, and state your name and where you reside and who you are representing, please. L. MCMICHAEL: Aloha, my name is Lokelani McMichael. I'm from the Holualoa Ahupua`a, and I'm representing Keawe Alapai, my cousin, because he can't be here today; he is at the Keauhou Liberty Dialysis Center: "My name is Keawe Alapai, and I oppose the rezoning application for Tax Map Key (3) 7-7- 008:120 and (3) 7-7-008:124. They should not build and desecrate. Leave the land open space and cultural landscape, and I'm suggesting that the owner should work with PONC, which would make both parties happy; owner gets compensated and the community will get to enjoy open space. Our Alii Drive is already clustered with traffic on working school days, and it gets more clustered when surf rises. My name is Keawe Alapai, and I am a lineal and cultural descent of Pahoehoe. My fourth great-grandfather is a brother to Kamehameha III who issued Land Grants, Royal Patents. Two, I would like to have a cultural impact assessment review, it's important to our native Hawaiian, cultural and environmental impact assessment and environmental impact statement. Sincerely, Keawe Alapai" Mahalo. CARR SMITH: Thank you. S. MCMICHAEL: Aloha, my name is Simmy McMichael, and I reside in Kailua-Kona. I'm a kanaka maoli, and I was born in the Territory of Hawaii. I come today to oppose BNP change zone. At first I thought it was a good idea when you were downsizing. It's not adjacent to Alii Drive. But as I was preparing my application to PONC for Banyans and White Sands, it caught my eye that this land was part of one large land, Pahoehoe, a 432 acres. All of this land is sacred, and the mana, it's real. The last decades, many iwi-s in this area have been desecrated. I have been told by many of my friends. My local friends have many stories to tell. Many have 4 EXHIBIT B once lived in this area, but no longer; high taxes force to sell or lose their land due to foreclosures. It's sad, because many were taken advantage in this process, including the Alapais. All of Alii Drive and makai mauka was important in our Hawaiian culture. The landscape mauka was for agriculture. This land has water beneath, so rooted plants thrive. I have land only three minutes away. I spend hours cutting back. I don't have to water, except for the lawn. I was told by Officer Moi; he recalls he was on special duty on this La`aloa Road and doing construction, he said he could not believe how much water was beneath while they were excavating, and he said it's far up the road, and he said twice, "far up." You can see why; it was the chosen land of the ali`i. With that being said, planting, habitation, platform, rock walls, including the Great Wall of Kuakini, Judd Trail, should have been occupied with our ancestors. And burials, they are all unmarked. At one time there were thousands who occupied this entire area, especially because of the weather, planting food, surfing, fishing and canoeing. I choose to live here, and I raised my family because it is the best place on earth. La`aloa is sacred. The mana is heavy here. I often stop at this particular land, and I pray. And I've taken Aunty Lily Ha`anio Kong—via marriage, we are related—and we pray. Spiritual occurrences have taken place, positive ones, and she told me the ancestors are calling. I respect our kupuna, and I try always to be pono. I pay attention, and I ask for guidance. I oppose this rezoning, require that this location be, have a cultural impact statement, EA, EIS. Chapter HAR 11-200.1 repealed August 9, 2019, spells all of this of the above, and I've included this on my board. CARR SMITH: Thank you very much. Questions? [None.] Thank you. You may be seated. Any other testifiers for this agenda item? VALEN[from the audience]: I didn't sign up to testify. Can I ask a question? CARR SMITH: If you'd like to come testify, you can VALEN[from the audience]: just to ask, yes. CARR SMITH: Sure. Hold on,just sit down, please. VALEN: Okay, thank you. CARR SMITH: Yes. Can you raise your right hand, please? VALEN: Yes. CARR SMITH: Okay. Do you swear or affirm to tell the truth on this matter now before the Leeward Planning Commission? VALEN: I do. CARR SMITH: Okay. Please state your name and where you are from and then tell us your VALEN: My name is Gregory Valen. I have the property below this property, and I was notified of this meeting because of the close adjacency. And, obviously, we have some, you 5 EXHIBIT B know, flood issues or floodplain issues there. I just want to know, is that, has there been a runoff water study, if this land gets developed? I mean, obviously, if you own the land below, you want to know where the water is going to go, if it ever gets developed. Is there something on this that we can have certification that there be no impact? That's my only question. CARR SMITH: Planning Department? ROY: The property is actually zoned in Flood Zone X, so it's outside the 500-year flood zone. Most likely the flooding is due to local ice-sheet flow. The wastewater, there is a County sewer system, and so most likely they would be required to do a sewer study for any future development, and there may be some improvements that are required, but that's extent of the flood discussion. VALEN: So on that note it'll be nice to know, if they are going to rezone it for development, it would be nice to know where the water may go. CARR SMITH: Very good,thank you. VALEN: Yeah. CARR SMITH: Anyone else? All right, Commissioners, I'd like to have a motion to close public testimony, please. UNGER: I make a motion to close public testimony. KEALOHA: I'll second. CARR SMITH: Moved by Mr. Unger, seconded by Mr. Kealoha, public testimony is now closedsorry, we didn't vote. Everyone in favor? ALL COMMISSIONERS: Aye. CARR SMITH: Okay, all right, I'm getting the hang of this, you guys. All right, okay, with that, I would like to entertain a motion to approve or deny this, please. VITOUSEK: If I could ask a follow-up question to the County planners. Is it possible to include the standard condition about wastewater being generated on site being retained on site? ROY: It typically, the wastewater and sewer studies would be a standard condition for any development, and I'm looking throughI apologize, this wasn't my project, I'm actually doing this for another planner, so I'm trying to learn on the fly there is the standard conditions of development-generated runoff shall be maintained on site, you know, earthwork and grading has to conform to Chapter 10, and, but the applicant, its successors or assigns will have to conduct a sewer study in accordance with the wastewater system design standards, and that's Conditions N- 6 EXHIBIT B VITOUSEK: Okay, so we do have the condition and, which is the standard development- generated runoff ROY: There's three, yeah, three conditions that cover, yeah VITOUSEK: Okay. UNGER: I'd like to make a motion. CARR SMITH: Thank you. UNGER: I move that a favorable recommendation be forwarded to the County Council on the application of Change of Zone, Docket No. REZ 19-000238, based on the Planning Director's recommendations, which shall be adopted. CARR SMITH: Is there a second? NEWBERG: Second. CARR SMITH: Moved by Mr. Unger and seconded by Mr. Newberg. Any discussion on this matter? KEALOHA: I'd like to say I'll be in support of this motion as well. As far as I know,there is no proposed development; we are simply downzoning. And any proposed development that were to come forward in the future will undergo the appropriate screening assessment. So, with that, I want to support downzoning in any opportunity we have. NEWBERG: Yes, to add to that, I feel that this downzoning is more in line with what this area can support, and I'm glad that the landowner is willing to do that and get in line with the water credits as well. So I'll be in support. CARR SMITH: Any other discussion? UNGER: I think in general also we are giving credence to the Community Development Plan, and this is in an urban area, in an urban expansion area, so essentially, we are working with the community in approving something like this. So, again, I'm in favor of the recommendation. CARR SMITH: All right, with no further discussion, I'd like to take a vote,please. ROY: Commissioner Unger? UNGER: Aye. ROY: Commissioner Newberg? NEWBERG: Aye. 7 EXHIBIT B ROY: Commissioner Kealoha? KEALOHA: Aye. ROY: Commissioner Van Pernis? VAN PERNIS: Aye. ROY: Commissioner Vitousek? VITOUSEK: Aye. ROY: And Chair Carr Smith? CARR SMITH: Aye. ROY: Passes, six, because there was one excuse, six-zero. CARR SMITH: Thank you very much. You'll be notified by the Planning Commission. Thank you. The discussion ended at 10:11 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 8 EXHIBIT B