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HomeMy WebLinkAbout2021-06-03 Windward Exh C Kristilee & Henry J. Correa Jr. Trust (REZ 705) WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT JUNE 3, 2021 A regularly advertised hearing on the application of KRISTILEE AND HENRY J. CORREA JR. TRUST (REZ 705) was called to order at 10:48 a.m. via live-stream online meeting, with Chairman John Replogle presiding. COMMISSIONERS IN ATTENDANCE: Dean Au, Gilbert Aguinaldo, Joseph Clarkson, Michelle Galimba, Dennis Lin, and John Replogle. ABSENT AND EXCUSED: Thomas Raffipiy. ALSO IN ATTENDANCE: Malia Hall, Esq. (Counsel for the Commission), Zendo Kern, (Planning Director), Jeffrey Darrow (Deputy Planning Director), Jean Campbell, Esq. (Counsel for the Planning Director), Jessica Andrews (Planner), Maija Jackson (Temporary Assignment Program Manager), and Melissa Dacayanan-Salvador (Windward Planning Commission Secretary). APPLICANT: KRISTILEE & HENRY J. CORREA JR., TRUST (REZ 705) Application for a for a seven (7)-year time extension of Condition C (time to secure final subdivision approval) and Condition K (deadline for fair share payment) of Change of Zone Ordinance No. 13 98, which rezoned 6.0003 acres of land from an Agricultural 3-acre (A-3a) to a Single Family Residential 10,000-square feet(RS-10) zoning district. The property is located along the north side of Kawailani Street, adjacent to and east of the Life Care Complex, Waiakea, South Hilo, Hawaii, TMK: (3) 2-4-003:021. Secretary's Note: "—" indicates that there were technical and/or internet difficulties, which made the conversation inaudible. REPLOGLE: Okay, we're moving on to agenda Item Number three (3). Applicant Kristilee and Henry Correa Jr.— AU: Mr. Chair, excuse me, I'm sorry to interrupt you. REPLOGLE: Please go ahead. AU: I just want to make a statement for the record, and I just want the Commission and staff to know that I want to disclose that I have done business with this next applicant but the business that I did with this applicant was in two thousand fourteen (2014). So, my math is kind of off right now, so I think it's like six (6) seven (7) years ago that I did business with the applicant. But, with my disclosure it will not impact my duties as a Windward Planning Commissioner and with my disclosure it will not affect my judgement, decision, or action on this agenda item. So, just wanted to make that clear to fellow Commissioners. 1 EXHIBIT C REPLOGLE: Thank you Mr. Au. Yes, Mr. Clarkson? CLARKSON: Just in the same line, I'm just wanted to ask staff when we're to get the detailed guidelines on conflict-of-interest decision making that was promised to us some months ago? JACKSON: Chair Clarkson, I'm sorry Commissioner Clarkson we are currently, the Department's currently trying to bring the Energov system online and so a lot of our resources are focused on that effort, and we will start looking at rule changes after go live which is July twenty-sixth (20). So, hopefully we will have something to you in late summer or late fall. CLARKSON: So, in the meantime we'll just rely on your interpretation to guide us if we don't know for sure whether we need to declare or if we do declare whether we need to recuse ourselves. JACKSON: Yeah, I would suggest that you consult with Malia Hall, and she can help guide you in that effort. CLARKSON: Thank you. REPLOGLE: Is there anything else before we proceed? Okay, Applicant Kristilee and Henry Correa, Junior(Jr.) Trust, REZ seven zero five (705). Application for a seven (7)year time extension of Condition C (Time to Secure Final Subdivision Approval) and Condition K (Deadline for Fair Share Payment) of Change of Zone Ordinance one three nine eight(13 98), which rezoned six thousand three, excuse me, six thousand, six-point three (6.3) acres of land from Agricultural three (3) acre (3a) Ag-3a to Single Family Residential ten thousand(10,000) square feet(RS-10) zoning district. The property is located along the north side of Kawailani Street, adjacent to and east of Life Care Complex, Waiakea, South Hilo, Hawaii, Tax Map Key (TMK) 3 two dash four dash zero zero three zero two one (2-4-003:021). Staff you may do your presentation please. ANDREWS: Thank you Chair Replogle. Can everybody hear me? CLARKSON: Acknowledged yes by nodding his head. ANDREWS: Okay, great. I'm just going to take a moment to share my screen. Is the screen viewable now? The presentation? REPLOGLE: Yes, ma'am. ANDREWS: Thank you. This application is for the applicant Kristilee & Henry J. Correa Jr. Trust. This is an amendment to Change of Zone Ordinance No. 13 98 or Rezone 705. One minute here. This slide shows you the location map. The project site is outlined in red it is along West Kawailani Street. It is located just adjacent to and east of the Life Care Complex. The applicant is requesting a 7-year time extension to Condition C (time to secure final subdivision approval) and Condition K(deadline for fair share payment) of the change of zone ordinance 2 EXHIBIT C number 13 98 which reclassified approximately six point zero zero zero three (6.0003) acres of land from an Agricultural-3 acre or A-3a to a Single-Family Residential-10,000 square feet or RS-10 zoning district. The proposed development, so the applicant proposes to subdivide the property into twenty-one (2 1) approximately 10,000 square foot lots. Reasons for request is according to the applicant the subject property was purchased as a partnership in two thousand eight(2008). Over the next several years, the partnership dissolved, and the applicant took full control of the subject parcel. After resolving the partnership issues and being granted a time extension, the applicant began making improvements to the property. However, since the applicant had already started other projects with time requirements mandated by financial institutions involved in funding those projects, it was difficult for the applicant to meet the deadlines for Condition C and Condition K of the subject project. Based on the preceding, the applicant is requesting an additional 7-years to comply with Condition C and Condition K. This slide shows you the County zoning in the area. The project site has been rezoned RS-10 based on the original ordinance and nearby zoning designations are RS-10 also, RS-fifteen (15) which is Residential Single-Family fifteen thousand (15,000) square feet and to the north there is Agricultural 3 acres to the north and east I'm sorry west. The State Land Use Boundary designation if Urban for the project site. Most of the area is designated Urban as you can and to the north and west there's Agricultural zoning sorry not zoning there's Agricultural State Land Use designation. The General Plan designates this site as Low Density Urban as it does most of the area however, in the near vicinity as you can see there is University Use, there is Rural designation and there is a small area that is orange that designated as Medium Density Urban. The aerial photograph you're seeing shows the project site outlined in blue and just adjacent to the site is the Life Care Center the existing Life Care Center. There's single family dwellings predominantly to the south and to the east of the project site and vacant lands or agricultural lands and small amounts of single-family dwellings to the north and west. The applicant has submitted this proposed subdivision map. It shows the access drive on the left side of the screen and the proposed layout of the lots. This is a view of the property from the access drive looking across the property towards the east. On the left is a view of the access drive looking north on the right is a view of the access drive looking south. Here you see Kawailani Street looking to the east and looking to the west on the right. This would be the main access point from Kawailani Street. And finally, the Planning Director's recommendation is to forward a favorable recommendation to the County Council for amendments to Rezone Ordinance Number 13 98. Thank you for your time and if there's any questions, I'll be happy to take them and I'll stop sharing my screen, now. JACKSON: Chair Replogle you're on mute. REPLOGLE: Fellow Commissioners are there any questions for staff? Yes, Michelle? GALIMBA: Thank you,just a quick question the extension that was previously granted was in what year? 3 EXHIBIT C ANDREWS: So, let me just take a look at the background to make sure. I have a, there was a kind of a timeline included in the background and the last ordinance was granted on July sorry excuse me October ninth (0), twenty thirteen (2013). Which allowed for a 7-year time extension at that time. GALIMBA: Thank you, that's all. REPLOGLE: Anything further? Yes, Mr. Au? AU: So, I was reading the background report and there's Exhibit five (5), I can barely read it. But can you just tell me the history of that opposition, it seems like an opposition letter, it was a handwritten letter that's really vague. I can't really, can you just explain that please. ANDREWS: Yes, Commissioner Au. So, Exhibit 5 is a letter that came in from the public from a neighbor to this property and it was a, you want me to summarize the content of the letter? AU: Yeah, please I can't read it. ANDREWS: Okay, yeah, it's handwritten. Essentially the neighbor states that they own the property adjacent to the subject lot and live in the house on the hill. They own, sorry, they state they understood that the applicant was going to make a pasture on the subject parcel and that they're not sure why that didn't happen. They're asking why it didn't happen and also that they oppose the request for an extension unless it is they don't want anything done with the property unless it's for agricultural purposes. They are concerned about traffic and noise and potential crime in the area. There was a response, I don't know if you saw that from the applicant to this letter also included in the background. Does that sufficiently summarize? AU: Yes, yes, I just I couldn't read it, but I did see the response I just couldn't read it and just wanted to know what it was about. Thank you. REPLOGLE: If there's nothing further from the Commission we will move on to the applicant's presentation, Henry Correa the Third(III), agent for the applicant, Jonathan Correa, agent for the applicant and Hank Correa Jr. the applicant. Would you please raise your right hand? REPLOGLE: Do you swear or affirm to tell the truth on the matter before the Windward Planning Commission? CORREA III: I do. CORREA JR.: I do. REPLOGLE: Yes? CORREA III: Yes. 4 EXHIBIT C CORREA JR.: Yes. REPLOGLE: Okay, thank you. Alright, and please state your name and where you reside. CORREA III: Henry J. Correa the 3rd, I reside in Hilo. CORREA JR.: Henry J. Correa Jr., I also reside in Hilo. REPLOGLE: Okay, and have you read the Planning Director's recommendations, and do you agree with that? CORREA III: Yes, and we do agree. REPLOGLE: Okay, you may proceed. CORREA III: Good morning Chair and members of the Windward Planning Commission. My name is Hank Correa III, I represent the Kristilee and Henry J. Correa Jr., Trust. Thank you for your time and consideration with this application for a 7-year time extension of Condition C which is the time to secure final subdivision approval and Condition K which is the deadline for fair share payment of the Change of Zone Ordinance number 13 98 which rezoned a roughly a 6- acre parcel from Ag-3 acres to Single-Family Residential -10,000 square feet. Again, I thank you for your time and consideration in this matter and I'm happy to answer any questions you have. AU: Mr. Chair I have a question. REPLOGLE: Yes, Mr. Au? AU: Thank you Mr. Correa III and Mr. Correa Jr., question is when is, I know you're coming in for a 7-year time extension but, what are your intentions as far as building? You know, we're in an affordable housing crisis, we're just in a housing crisis right now on the Big Island in the State of Hawaii. I just want to know when you guys are, when is the Trust going to start construction? CORREA III: Hopefully before the end of the year but, with current projects at hand it'll likely be beginning of next year is when we really break ground on it. CORREA JR.: And if I can add, Mr. Au, we've actually started so we did all our preliminary grading, you know grubbing and grading at this point. So, I'd like to think we're on way but yeah you know, hopefully at the end of the year or first of next. AU: Thank you. CORREA JR.: Thank you. 5 EXHIBIT C REPLOGLE: Anybody else? If not, I have, I read the thing and I have a comment that concerns me more than anything, I guess. It appears that it's like twenty-nine (29)years since this project first hatched if you will and we're here again for another 7-year time extension. It feels off to me. I will go along with it, but something doesn't you know it just seems so long and as Mr. Au pointed out we definitely need housing in Hilo. It's more a comment for me than a question or anything but let's proceed is there any, anybody else have anything? If not, I will entertain a motion. GALIMBA: I'll make a motion and — REPLOGLE: Thank you. GALIMBA: —I move that a favorable recommendation be forwarded to the County Council on the application to amend Change of Zone Ordinance No. 13 98, based on the Planning Director's recommendations, which shall be adopted. AGUINALDO: I second. REPLOGLE: It's been moved and seconded. Staff will you do the roll call please. ANDREWS: Yes, certainly, I just want to verify the — REPLOGLE: Oh, one moment, we have a last minute, Mr. Clarkson? CLARKSON: Yes, I would like to discuss the motion. REPLOGLE: Oh, okay, good idea. CLARKSON: Yes, I would actually like to propose an amendment to the motion that the time limit, the 7-year time limit be deleted and the time limit for the fair share be similar to other conditions where it's triggered on final subdivision approval or final plan approval whichever is appropriate. And the reason I'm making this motion is that it appears to me that the area is definitely well underway to being converted to single-family residential. There's a commercial property right next door, I think it would be wrong to suppose that this property should revert to agriculture and knowing what little I know about the owners I suggest that if they as property developers find themselves not capable of doing the subdivision that they would rapidly find someone was and would wish to buy the property. I simply think that the original rezone was reasonable and like other zoned properties that are reasonable for their area there shouldn't be any time extensions. These guys should be able do it or not do it as economic circumstances dictate. If this property had been originally zoned residential there would be no time extent, there would be no time limit and I think it's just fair to just remove the time limit. Just my suggestion but, I'm proposing that amendment. AU: Commissioner Clarkson, what was the second amendment that you're proposing? 6 EXHIBIT C CLARKSON: No, that 2, it's just in two parts. I forget the Condition letters one had to do with fair share which would be triggered on final plan approval or final subdivision approval and the other for the 7-year time extension be deleted in its entirety. KERN: Mr. Chair, if I may? REPLOGLE: Yes, you may. KERN: Commissioner Clarkson, I believe the first point for fair share contribution is already in there, fair share contributions is due upon final subdivision approval. So, I believe that that's squared away and as far as your proposed potential amendment there with the time extension I have no issues with that your rationale does makes sense. It's an area of you know it's urban. So, if you guys to that direction, we'll support it. REPLOGLE: Okay, so, Mr. Clarkson are you amending Ms. Galimba's motion? CLARKSON: Correct. I'm in — REPLOGLE: Let's have it. CLARKSON: Well, I — AU: Mr. Chair, I have a question. REPLOGLE: Yes, Mr. Au? AU: As far as Commissioner Clarkson's amendment, can we hear from the applicant and see what their thoughts are on that potential amendment? REPLOGLE: Sure. Mr. Correa, do you have any thoughts or would like to put something in. CORREA III: Well, we certainly in favor of the amendment— CORREA JR.: Son, "—" of course we would be in favor of it but either way we're going to do it within the 7 years, you know, like I mean if something doesn't change drastically between now and the end of the year first of next year our long-term goal is not only to do the twenty-one (21) lots but to build out the houses over a period of a year and a half, 2 years maybe, maybe 3 years so, but we'd certainly be in favor of you know of that amendment. REPLOGLE: Thank you. CLARKSON: I'd like to thank the applicants for tolerating my making this session just a little bit longer, but I'd like to continuing to help set a precedent that rezones where possible shouldn't have time limits on them, that's all. 7 EXHIBIT C CORREA JR.: Yeah, we certainly appreciate that, and I think it makes sense, the area makes sense, I mean I got my own opinion on fair share of course but, it is what it is so, I do appreciate it. REPLOGLE: Okay, thank you. So, Mr. Clarkson are you going to give us the motion or adjust it or what do you want? CLARKSON: If somebody, I don't have the letter number of the 7-years in front of me. If somebody would tell me what the letter number of that condition is, I will specify it but— AGUINALDO: Commissioner Clarkson it's letter"C". CLARKSON: "C"? AGUINALDO: That's correct. CLARKSON: The proposed amendment to Michelle's motion for approval is to delete Condition C. AU: I second. AGUINALDO: I second. REPLOGLE: Okay, it's been moved and second that will delete Condition C from Ms. Galimba's motion to move forward with the Planning Director's recommendations. Okay, do we have a second to that. AGUINALDO: I second to that. I second. REPLOGLE: Okay. It's been moved and seconded, staff would you take the roll please. JACKSON: Excuse Mr. Chair, I'm a little confused, it feels like we have two motions on the floor right now, no? So, Commissioner Clarkson you made an amendment— REPLOGLE: I believe we have Ms. Galimba's motion to accept the recommendations of the Planning Director and we have an amendment from Mr. Clarkson to do away with Condition C of the Planning Director's recommendations and so, the way it was stated I believe there's one motion on the floor to do away with Condition C and accept the rest of the Planning Director's recommendations. HALL: Commissioner Galimba, is that your understanding of your motion, are you amending your motion to match that, would you agree with removing C or would you like to withdraw your motion? GALIMBA: Unmute, okay. I was under the impression that he was going, he's making a motion to amend my motion and I guess the Robert's Rule is I have to accept that, is that correct 8 EXHIBIT C for it to be valid or can he sort of do an unfriendly amendment and if we all vote on it then it becomes friendly? Just a question. HALL: Yeah, I mean, both procedures are correct. Usually to simplify things we try to have one motion so, if, if you don't agree with his motion then you can withdraw your motion, somebody else can make that motion or we can do where we keep your first motion but the motion for the amendment must be voted on separately so, yeah, it can be done either way but usually like to make it simple with one motion with everything together. GALIMBA: Thank you and I like keeping things simple as well. But I do, you know I think now we're sort of in an unofficial discussion segment on this on these motions so, I'm just going to discuss. So, I get your point Commissioner Clarkson however, I think I mean you're wanting to create a precedent, I think from a practical point of view it doesn't really make a difference it sounds like on this, but you want to sort of start to create a precedent. I'm a little, I get that point on this particular project however, in general I think there might be a case, there might be cases where a previous land use decision may not be as valid you know 29 years later as Commissioner Replogle pointed out. So, I'm a little bit leery about just saying lets you know completely do away with time limits on land use reclassifications. So, I don't know whose philosophical point should win right here today and as I said I don't really have a strong opinion on this so, I just wanted to discuss and then I will accept your amendment to my motion so that we can move ahead. CLARKSON: I'd just like to point out the previous rezone application did not have a time limit. So, it's not like this is completely out of left field. GALIMBA: Got it. So, I'll accept your amendment and let's, let's go. REPLOGLE: Okay, so,just for clarity's sake we have one motion with an amendment on the table and Mr. Clarkson if you would repeat it again before we do the roll call. CLARKSON: My amendment if that's what we're still talking about was to delete Condition C. KERN: Mr. Chair, I understand that Commissioner Galimba adopted that into her motion so it's to send the recommendation forward to the Commission with a favorable recommendation with the deletion of Condition C. As one clean move. REPLOGLE: Yes. Okay, for the third time would staff take the role— JACKSON: Excuse me Chair Replogle? REPLOGLE: Oh wait, wait. JACKSON: So if I may— REPLOGLE: Yes. 9 EXHIBIT C JACKSON: — So, Commissioner Aguinaldo seconded Commissioner Galimba's motion. So, is Commissioner Aguinaldo agreeing to the amended motion? AGUINALDO: I agree to the amended motion that Chair Clarkson indicated. JACKSON: Okay, thank you. AGUINALDO: You're welcome. REPLOGLE: For the fourth time, Jessica you have the floor. ANDREWS: Okay, we got that all sorted out now. So, I will take the roll call, Commissioner Galimba? GALIMBA: Aye. ANDREWS: Commissioner Aguinaldo? AGUINALDO: Aye. ANDREWS: Commissioner Au? AU: Aye. ANDREWS: Commissioner Clarkson? CLARKSON: Aye. ANDREWS: Commissioner Lin? LIN: Aye. ANDREWS: Commissioner Raffipiy? REPLOGLE: He's not here. ANDREWS: Oh, I'm sorry, excuse me, his absent, I should have noted that. And finally Chair Replogle? REPLOGLE: Aye. ANDREWS: Motion passes six to zero (6-0). REPLOGLE: Okay, thank you. 10 EXHIBIT C ANDREWS: Thank you. REPLOGLE: Thank you Mr. Correa for your testimony and you'll be informed of this in writing. CORREA III: Thank you, appreciate it . CORREA JR.: Thank you, we appreciate it. Have a great day all. ANDREWS: Thank you. REPLOGLE: Okay. The item ended at 11:22 a.m. Respectfully submitted, Melissa Dacayanan-Salvador Secretary Windward Planning Commission 11 EXHIBIT C