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HomeMy WebLinkAbout2021-11-04 Windward Exh D Hawaii Island Community Development Corp SLU 20-054 WINDWARD PLANNING COMMISSION COUNTY OF HAWAI`I HEARING TRANSCRIPT NOVEMBER 4, 2021 A regularly advertised hearing on the application of HAWAI`I ISLAND COMMUNITY DEVELOPMENT CORPORATION (HICDC) (SLU 20-000054)was called to order at 10:06 a.m. via live-stream online meeting, with Chairman John Replogle presiding. COMMISSIONERS IN ATTENDANCE: Gilbert Aguinaldo, Joseph Clarkson, Michelle Galimba, Dennis Lin, Thomas Raffipiy and John Replogle COMMISSIONER EXCUSED: Dean Au ALSO IN ATTENDANCE: Malia Kekai, Esq. (Counsel for the Commission), Zendo Kern, (Planning Director), Jean Campbell, Esq. (Counsel for the Planning Department), Tracie Lee Camero (Planner), Maija Jackson (Program Manager), and Melissa Dacayanan-Salvador (Windward Planning Commission Secretary) APPLICANT: HAWAI`I ISLAND COMMUNITY DEVELOPMENT CORPORATION (HICDC)(SLU 20-000054) Application for a State Land Use Boundary Amendment from Agricultural to Urban for approximately 9.09 acres of land. The property is located at 1450 Mohouli Street, directly west (mauka) of the Mohouli Senior Housing Project and the County of Hawaii Fire Administration Support Complex, approximately 1,600 feet west of the Mohouli Street and Komohana Street intersection, Waiakea, South Hilo, Hawaii, TMK: (3) 2-4-001:168. Secretary's Note: "—" indicates that there were technical and/or internet difficulties, which made the conversation inaudible. REPLOGLE: We will move on to Item number two (2)now the Applicant is Hawaii Island Community Development Corporation (HICDC), SLU 20-000054. Application for a State Land Use Boundary Amendment from Agricultural to Urban for approximately 9.09 acres of land. The property is located at 1450 Mohouli Street directly west(mauka) of the Mohouli Senior Housing Project and the Hawaii County Fire Department Administration Support Complex, approximately 1,600 feet west of Mohouli Street and Komohana Street intersection, Waiakea, South Hilo, Hawaii, TMK: (3) 2-4-001:168. The staff presentation will be done by Tracie-Lee Camero, and she is one our planners. Take it away Tracie. CAMERO: Thank you so much Chair, let me get my screen up for you. Can you all see my screen, you can just do a thumbs up. Okay. The applicant is the Hawaii Island Community Development Corporation, otherwise known as HICDC. This is a State Land Use Boundary Amendment for their existing parcel. This is a location map, the subject parcel is highlighted in red. The 9.09-acre subject property is located to the west from the Komohana Street and Mohouli Street intersection in the Waiakea area of South Hilo. You have the Komohana Street 1 EXHIBIT D running from the north to south direction on your screen and the Puainako Street moves further south, which allows you to go on to the Saddle Road. The applicant is currently requesting a State Land Use Boundary Amendment to develop 90 units of affordable housing which aims to provide affordable housing and related services on a parcel in South Hilo, which was made available by the Governor's Executive Order No. 4531. This is the Hawaii County zoning map shown on your screen. The subject property is outlined in red and the County's zoning for the subject parcel is agricultural with a minimum lot size of one (1) acre also known as A-la, which is shown on your screen and indicated with the green color. The Sunrise Estate Subdivision is immediately north and west of the subject property on land also zoned agricultural with a minimum lot size of 1 acre. Further to the east, you have the Mohouli Heights Senior Neighborhood project which is located on the subject property and zoned Multiple Family Residential with the required land area of 4,000 square feet for each dwelling unit shown in the dark brown and Multiple Family Residential with the required land area of 3,000 square feet for each dwelling unit shown further east in the lighter brown shade. The adjacent Single Family Residential district includes the Sunrise Ridge subdivision to the northeast which is zoned Single Family Residential with a minimum lot size of 10,000 square feet shown in the yellow. As well as properties to the east across Komohana Street and along Mohouli Street are zoned RS-10 and consists of single-family dwellings. Undeveloped land further north was rezoned to the Project District as indicated by the lavender color on your screen and is also known as the Wailani Project District. This is the State Land Use Boundary Map the subject property is outlined in red for you. The State Land Use designation is currently agricultural which is shown in the green color which includes some of the surrounding areas as well. The pink on your screen indicates the State Land Use Urban designation. This is the General Plan Land Use Pattern Allocation Guide (LUPAG) map the subject property is outlined in white on this map and is located within the orange area that represents the Medium Density Urban. This is where the Planning Department envisions the land use pattern for Medium Density Urban which are areas of village and neighborhood commercial and single family and multiple family residential and related function. Surrounding LUPAG areas include the Rural shown in the goldenrod and University shown in the blue. This is an aerial photograph of the subject property. This photo was taken fairly recently and as you can see the earlier phases of the affordable housing Mohouli Senior Housing Project is located further to the east that HICDC has completed. The current properties is currently covered by much vegetation, you also have in between this property and the Mohouli Senior Housing Project, you have the subject property which is also adjacent is the County Fire Administration Complex which just started construction if I'm not mistaken last week. This is the applicant site plan that was submitted to the Planning Department with their State Land Use Boundary Amendment application showing the proposed pocket neighborhood concept that the applicant is proposing, as well as the access to the subject property coming from Kupuna Place via an easement over the adjacent TMK: 2-4-001:176. Properties to the immediate north and abutting the subject property are the Sunrise Estate property. The applicant is requesting the State Land Use Boundary District Amendment to develop 90 units of affordable housing which aims to provide the affordable housing and related services on 2 EXHIBIT D the parcel in South Hilo. This is the applicant's site plan that was submitted with applicants' Environmental Assessment. Please note that the site plan is currently conceptual granted that the applicant can get the appropriate funding and approval of their 201H application, which is currently in process with the Office of Housing. Access to the subject property is proposed from Kupuna Place again by way of easement over the adjacent parcel which you can see is the Emergency Call Center. The Traffic Impact Analysis Report(TIAR)that was completed by the applicant recommended the implementation of a right in, right out driveway on Mohouli Street and reshaping a part of the wide paved shoulder on the westbound Mohouli Street as a right turn lane only. At this time, the applicant is proposing full-movement access on Kupuna Place as well as the right in and right-out access on Mohouli Street to accommodate future traffic generated by the Hale Ola O Mohouli development. On your screen, you have a photo of the Kupuna Place and Mohouli Street intersection facing west on Mohouli Street the subject property is located further west and not shown on this photo. However, this photo is important as this intersection will contain the only full-movement access into the subject property. Kupuna Place is also the current access point for the Mohouli Senior Housing Project and the County of Hawaii Fire Administration Support Complex. On your screen, you have a photo that shows the view of the subject property from Mohouli Street facing east, as you can see there's a curvature in the Mohouli Street that we wanted to just depict to the Commissioners, so they have a full view of where the proposed project is going to be, as well as the current street conditions. At this time, the Planning Director is recommending a favorable recommendation for the State Land Use Boundary Amendment to the County Council, that concludes my presentation, and I can turn the floor back to the Chair, thank you. Chair we can't hear you. I think you have to unmute. LIN: Chair you're still muted. REPLOGLE: Thank you. We have 2 people to speak for the applicant and that's Keith Kato and Jeremy McComber. Have you received the background and the recommendation from the Planning Department? Are they here? Okay. CLARKSON: Excuse me Chair Replogle. Are we given an opportunity to ask questions of staff before the presentation by the applicant? REPLOGLE: Yes, I'll give you that opportunity I thought we do them all at once, but— CLARKSON: Okay, never mind. REPLOGLE: Excuse me Mr. Kato and Mr. McComber we're going to allow the Commissioners to ask question of staff first. So, questions for staff? CLARKSON: Yes. Ms. Camero can you put up the boundary adjustment map again for us please, I have a question about what a boundary adjustment means. 3 EXHIBIT D CAMERO: Okay, let me just get that up for you I'm so sorry. So, you wanted to see the State Land Use Boundary map, correct? The one that shows the green and the— CLARKSON: Correct. CAMERO: Okay. CLARKSON: My question is, is the area enclosed in red the boundary adjustment or is the boundary going to be moved from its existing position to include both the Emergency Call Center and the property in question. In other words, is the red area going to move all the way across Mohouli Street and include the property that's now zoned Ag between the applicant application properties that we're talking about today and the existing affordable housing projects? CAMERO: No. At this time, the current request and I'll get my highlighter for you it's only going to be the area that's contained in the area that's red. The applicant only has the authority to apply right now at this moment for the area in the red. This portion that has the Emergency Call Center they had come in for a Special Permit and they didn't come in to do any rezone at the moment for that property and then the applicant HICDC had also come in in 2017 and 2018 to do a State Land Use Boundary Amendment for this whole area which you can see it pink further to the east on Mohouli Street. CLARKSON: Okay, I understand now but, I just assumed a boundary adjustment or moving a boundary was to actually move a boundary not to create a separate parcel with a designation like that. KERN: Maybe I'll jump in for a quick minute. The boundary amendment you think about it from a kind of a logical term of the boundary this way. It's not really so much a boundary and metes and bounds it's the State Land Use amendment to the State Land Use. They're going to have Conservation, Agricultural, Rural or Urban. So, it's amending that boundary, which is the TMK of that parcel to a different State Land Use. So, it's not expanding it or contracting it, it's actually changing the underlying State Land Use, which the terminology is State Land Use Boundary Amendment. CLARKSON: Okay, so boundary amendments are not really just moving a boundary there TMK by TMK adjustments KERN: That's right, Commissioner. It's almost the same thing as a rezone in an essence, where you're not changing those metes and bounds, you're changing the zoning, in this case it's a State Land Use Boundary. So, it just encompasses the parts, so I hope that didn't complicated further. LIN: So, Director Kern is just a very confusing terminology that's potentially maybe updating in the future, defining what boundary means. 4 EXHIBIT D KERN: The challenge is that's used on the State level from the State Land Use Commission all the way across the board. So, it may change but sorry for the confusion around that but that's what it is. CLARKSON: I'm a lay person at this and when I've seen these State Land Use Boundary maps before I think, almost every time I've seen one everything was contiguous there weren't any spot boundary changes but you're saying that's actually the way boundaries are adjusted is by spot changes. KERN: It is unless it was done like at a legislature basis that gets into a much deeper conversation on how that would be done, but it'd be on a parcel-by-parcel basis. CLARKSON: Okay, so we have no ability to just move the boundary across properties that haven't asked for the boundary to be moved? KERN: Yes, that's correct, we would not have that ability. CLARKSON: Thank you. REPLOGLE: Any further questions for staff from the Commissioners? RAFFIPIY: Mr. Chair, I do have a question. REPLOGLE: Mr. Raffipiy? RAFFIPIY: Tracie do you have a Power Point or a presentation map that has all the traffic entries and exits, the ingress and egress to all of them, including the Call Center, the new proposed project and the one across the street? I just want to see how all the left turns are going to be all integrated, because they're all kind of in close proximity. JACKSON: Tracie do you have like an overall aerial photo that might be the best thing to show? CAMERO: Yes, sorry I was just about to pull that up, let me pull it up because I just have it on my screen. So, I'm going to share with you guys the same aerial photo that I showed earlier just because this is the best one to show the existing properties that are currently further east on Mohouli Street, which include the Hawaii Island Community Development Senior Housing project and I apologize, I know this doesn't have like an overlay of the access points. But so, this is Kupuna Street. So, Kupuna Street is going to be the full movement access point into this specific subject property, as well as the Emergency Call Center property and it is currently being used for the Hawaii Island Community Developments Mohouli Senior Housing project as well. Along this TMK there's an easement that's going to provide access rights to HICDC to access Kupuna Place for the full moment access. Further along Mohouli Street approximately this portion of the property you're going to have a right in and right out only access point into the subject property. 5 EXHIBIT D RAFFIPIY: Okay, all right, thank you. Yeah, that was the one that I was curious about is the right in and right out I wasn't sure there will be a left turn in that area. So, thank you Tracie. REPLOGLE: Are there any further questions for staff? Thank you, Commissioners. So, again Mr. Keith Kato — LIN: Chair? REPLOGLE: Oh, yes? LIN: Mr. Clarkson has a— CLARKSON: I just have one more question. REPLOGLE: Please. CLARKSON: This is State land,public land, I just wanted to ask our legal Counsel and perhaps the staff, whether there are any public trust implications in our decision today? KEKAL I think, as this is just a boundary change and you're not actually approving a project, I would say no, but I'll go check on that. If you just give me five minutes. You guys can move on with further questions and I'll come back. You can let the applicant speak. REPLOGLE: Okay, thank you. The third time's a charm, Mr. Kato, and Mr. McComber, have you received the background and recommendations from the Planning Department? KATO: Yes. REPLOGLE: Do you agree with the Planning Director's recommendation, including the proposed conditions? KATO: Yes. REPLOGLE: Okay, go ahead with your presentation. KATO: Well, thank you, Chairman and Commissioners. We've been working on this project for a while, and we believe that it's a very interesting project in that it is really a different kind of project form. Tracie if you could put up the detailed site plan, I think that would help to explain what we're trying to do here. CAMERO: Yes, let me get that up for you. KATO: Sure, so what we're proposing to do is develop this development concept called the pocket neighborhoods. The idea is to take clusters of small structures, either single family duplex maybe triplex structures and group them around the central green areas. You can see that they're kind of arranged in groups of maybe a dozen homes, maybe fourteen (14) and the idea is 6 EXHIBIT D to create kind of a community. Where you get to know your neighbors, you see your neighbors walk into their units, you get a chance to interact, and I think it tries to create a congenial neighborhood. Well, when we started looking at this project, we're trying to determine do we do it as a senior project or a family project or a mix. So, what we did the market study. What the market studies showed was that for the Hilo area, which is basically the City of Hilo there's a need for about 6,000 low-income units or affordable units and put it that way. Out of the 6,000 units the site won't be able to attract all of them, and so it kind of came down to maybe something in the range of 700 units would be possible. But there were 700 households to who may be interested in being on this site and by that mix was really like about 100 to 600 in terms of seniors to families. In other words, there's a much bigger need for family units then there are for senior units. Part of that I think is because we developed 182 senior units just down the street. So, that sort of informed us as to what we should be doing so, we ended up with basically a one- third senior, two thirds family that's basically the mixture we're proposing. As part of this, we started out with the intention and sticking with it, this intention of having a 30-foot setback along the Sunrise Estate side. Now RM-4 zoning I believe calls for 15-foot front yard rear yard setback and an 8-foot setback on the side for a 1 story structure. But in the light of the fact that Sunrise Estates has a 30-foot setback by code, we've decided we're going to do the same on our side. The community requested that we do a fence along there, they're concerned about security and typically, we do put fences around our projects for security of our tenants. So, we're proposing to do that, and we plan to utilize this 30-foot setback area as landscape buffer area as an area where we have walking paths, recreation area and if we can put a dog park in there. Basically, so that the residents can have use of the property and you'll have a variety of recreational outlets. We did look at the traffic, we had a terrific study done in November of last year. It was an odd time because of the Covid situation, but they took some historic traffic counts, and I think the key thing in terms of traffic impact is what traffic is being generated by the project. So, the calculations of the traffic engineers, is that in the morning peak which I believe is something like seven to eight o'clock in the morning, there'll be thirty-eight(38) cars or vehicles leaving our site being generated by our site and of those they expect seven (7) to be turning mauka. The overwhelming traffic flow is coming out of Kupuna Place and "—" makai. In the afternoon, it's a little lower count it's like twenty-four (24) vehicles will be coming out of the project and their projection is only two (2) will be turning mauka. So, we don't believe that there will be a significant traffic impact on Kukuau Street and the traffic study did show that all intersections will be at acceptable levels of service. One of the things with this traffic is when we were developing the lower projects Mohouli Senior projects, as well as the Adult Day Center we felt that there may be a need at some point to have a traffic signal put on Kupuna Place. We talked to the traffic engineer and chief engineer about that and Ron Thiel who was the Head of Traffic Division at that time. We just asked him what it would take, and he said well, it'll cost him about a half a million dollars to buy the equipment and the County at that time was able to install the equipment themselves if it came to that. So, we provided five-hundred thousand dollars ($500,000.00) which Public Works should still have 7 EXHIBIT D in the caucus today. We believe that's a significant contribution to dealing with this issue now, we kind of campaigned to get the traffic signal installed earlier. Unfortunately, it didn't meet what they call the warrants for a traffic signal installation at that time. Maybe in the future it will but, we agree that something needs to be done at that intersection and we just like to point out that we have we have made a contribution toward that end. So, we believe that this will be a project that is much needed for the community that it'll be an attractive project and we're doing what we can to minimize the impact, while also doing creating a situation that meets the broader needs of the community. Commissioners have any questions; we'll glad to entertain them. REPLOGLE: Thank you, Mr. Kato. Mr. McComber do you have something to add? LIN: Mr. McComber we can't hear you. REPLOGLE: He's frozen. Oh. MCCOMBER: Can you hear me? Okay, I would just add to Keith's conversation about the traffic aspect that on the attempts to approaching signalizing Kupuna Place. Keith had that conversation early on in the Mohouli Senior Development close to the completion of Phase One and also close to when we're completing both the Adult Day Center and the last days there, so there have been multiple attempts by our organization to recognize the potential concern. Thank you. REPLOGLE: Thank you. Okay. Commissioners, do you have any questions for the applicants? LIN: I have a question Mr. Chair. REPLOGLE: Yes, Mr. Lin? LIN: Mr. Kato or Mr. McComber, could you maybe explain the term "affordable housing" and maybe provide the area median income for this project? Because I think the term affordable housing has a negative connotation when it comes to development. So, if you could explain how that area income compares to maybe some of the other projects out there, or maybe what type of people income would be going into these projects. KATO: Let me look it up, so I can give you the exact dollar figures that we're talking about. So, the basic financing that we would be using is low-income housing tax credits. Now we've used this program before and all of our other projects and it is oriented towards households with income at sixty percent(60%) of the area median income and below. Sorry, my link to Hawaii Housing Finance & Development Corporation (HHFDC) is not being cooperative here. There we go. Okay, so let's see County of Hawaii area median income is $78,800, 60% of the area median income this is for again for a family of four (4) would be fifty-one thousand three hundred sixty ($51,360.00). So that's really the range that you're looking at. I think that fifty- one thousand ($51,000.00)really catches a big segment of our population in terms of what the household incomes are. 8 EXHIBIT D LIN: Right because $51,000 you could be talking about an elementary school teacher, a high school teacher, maybe a county worker right I think that falls into that category. So, I think when we talk about low income and affordable right. I just think that there's a lot of misunderstanding on what— REPLOGLE: Excuse me, Mr. Lin, somebody has their mic on and they're talking story. Thank you. KERN: Mr. Chair, I believe it's the background of Mr. Lin. LIN: Yeah, that might be in my background, I apologize yeah. I have some visitors in my office. REPLOGLE: Okay, carry on Mr. Lin. LIN: So, I just think there's some misconceptions on what low-income, I think that's a term that's used a lot, but it may not necessarily mean low income. MCCOMBER: Yeah, I can help kind of paint the picture a little bit I think Mr. Lin definitely clarified it a little bit in terms of the demographic we're talking about entry level county workers. Starting professions of like teachers, law enforcement, people that work in the food service industry, hospitality industries. So. we're not, though we could take in sort of a lower income spectrum because they would qualify that the demographic that we're talking about in terms of the families, which is sort of entry starting level occupations with 1 to 2 children. KATO: Perhaps I can give you a little bit more specifics. This will be our first family project, so we don't really have a lot of data on who's in there, but we've been doing the self-help housing project for several years. That one the incomes can go higher up to eighty percent (80%) of the median income but based forty percent(40%) of the people in those projects are at fifty percent(50%) of the median income. The kind of people we end up recruiting really are cafeteria workers, policemen, basic working people. CLARKSON: So, I have a question, Mr. Replogle. REPLOGLE: Mr. Clarkson, please. CLARKSON: Is it foreseen that these families will be renting or will these be long-term leases equivalent to purchases or will they be purchases with conditions for prohibiting resale for a number of years. What will be the tenure for these residences? KATO: This program is scheduled to be all rentals. CLARKSON: Thank you. REPLOGLE: Sorry, all what? 9 EXHIBIT D KATO: All Rentals. REPLOGLE: Okay. CLARKSON: I'd just like to ask whether it's just a thought that occurred tome that projects like this which I think are perfectly fine. But is there any danger that they're going to facilitate the conversion of existing rental properties into short term vacation rentals or in other words, is the reason that people need this housing the fact that they can't find rentals and what is the reason they can't find rentals elsewhere? I'm just curious what the dynamics of the market are. KATO: Well, typically I think you find studies that show that those family's households in the lower incomes are actually paying a high percentage of their income for rent and I think the target really is thirty percent(30%) of your income. For a lot of low-income families, they're paying like 50% of their income for rent and so that I would imagine that people are going to want to move into our project because it's a nice project but it's also more affordable for them. That's what we find with a lot of our seniors. In terms of any other kind of tenure, but to point out that this is State property and the State at this point is not letting the state property be converted to fee. So, if you want to use it at all for residential, we have to use it as a rental. CLARKSON: Thank you. KERN: If I may add to Commissioner's Clarkson's question. As far as the short-term vacation rentals for the non-conforming use certificates on the East side, which is basically all Hamakua through Hilo through Ka`u there's around four-hundred (400) of those in total. If you look at the housing numbers that are needed projected over the next 5 years, they're in the close to 13,000 for affordable housing so it's just huge and I think what we've seen is a lack of units, a lack of starts, a lack of housing really being built at any type of level, but the demands still there. So, I think they're really separated from each other on there's obviously a small component with anything related to the use of a home, so the short-term vacation rentals while effects the market. I believe based on the current law that's in place and the fact that we're not doing more of those it's a very, very small percentage and generally those are located in a more different type of location closer to the coast, closer to different more vacation type uses versus kind of that urban core where we can get families living. I also want to underscore Commissioner Lin's point of affordable homes, affordable rentals they affect people that are really close that we know that are serving us that are close friends it's not what we often think of is this kind of outside I see driving by and you've got a bunch of mess in your carport. These are people that serve us, that work with us, that are friends, that are families that we work with. It's a big deal, so I hope that helps a little bit Commissioner Clarkson as far as that nexus of those areas. CLARKSON: No, it does. Just excuse me for my intense interest in this, I was involved in self- helped housing projects in Keaukaha and Pana`ewa back in the late 80's Miloli`i and recently Keaukaha for example, at that time was strictly local family housing. Mostly rental housing and that area I've been told is now very high percentage short-term vacation rental which is forcing 10 EXHIBIT D the rental market higher and higher and forcing low-income families out of houses that they might easily have rented. So, anyway, I won't go on and on, thank you. REPLOGLE: Thank you, Commissioner Clarkson. Is, there any other questions? Or are there any other? Okay. LIN: Chair, Mr. Aguinaldo has a question. REPLOGLE: Oh, I can't see him, Mr. Aguinaldo? KERN: Unmute. REPLOGLE: Mr. Aguinaldo, donde estas? Unmute, there he is . AGUINALDO: Good morning. Alright. So, I totally agree with what Dennis indicated, and as far as that there is a need, but there's the conception of what's affordable or low-income. Especially when you look at the surrounding areas in your backyard. You're averaging over half a million to almost 2 million dollars, and I do see their concerns of what my property value and everybody's entitled to their concern and you going to get this project in my backyard. Now with that respectfully we got to make pono with your neighbors, especially with that kind of hard-working people invest that kind of money in their property. Yes, it is a need for the community when you were talking about rental. Are we talking like apartments or are we talking like something similar down the old Mohouli, near the Police Station are we talking about that kind of housing? What kind of enforcement is HICDC going do? Sometimes it gets out of hand and investing a lot of money with this, and tenants just abuse the place. As far as the buffer 30 feet, that is great. Now within that buffer what are you going to mitigate with possibly noise or whatnot. There's a lot of people like what was discussed with Dennis is, I do have friends as well, it that kind of median. Are we going to help that kind of people, like schoolteachers, for example, we have a hard time finding schoolteachers and finding nurses to even come to our island? Are we going to be able to cater to that, designate a section for that kind of working force or is it just going to be just first come, first serve? That is my question for Keith and Jeremy, and I know you guys know that we short with nurses as well in our hospital. KEKAL Sorry, Commissioner Aguinaldo, point of order. If you could just ask one question at a time, let the applicant answer and then ask another question that would be helpful. AGUINALDO: Okay, so as far as that this goes for Keith and Jeremy. Like what Dennis had indicated as far as people that serving the community. Is there going to be a section for that kind of income? KATO: Well, in terms of trying to set aside units for certain classes of people, a certain category of people, one of the things that comes up with using the State funding is they require us to have a lottery. It's basically, it's not exactly first come, first serve but it's like you put your name on the list at the time that the rent up starts. Then we are required to conduct a lottery and that's the order in which we process. In terms of monitoring the project I think if you go into our rental 11 EXHIBIT D projects, you'll find that they're very neat, things are quite orderly. We are going to be having resident maintenance people there and we have pretty firm house rules that they enforce because people once they get in the project, they want to stay in the project, so they really comply with the rules. That's something that we feel is important for the benefit of all the other tenants that we have much as well as for the neighbors. I'm not sure what else you had in your list your questions there but if I missed something let me know. AGUINALDO: I think we're good. Yeah, we're good. REPLOGLE: Okay, thank you Mr. Kato and Mr. Aguinaldo. Are there any other questions? CLARKSON: Yes, I just have a quick question for staff? REPLOGLE: We passed that already. CLARKSON: Well, I'm going to go back. REPLOGLE: Just kidding, carry on. CLARKSON: So, is there going to be, this is a Land Use Boundary Amendment for adjustments. Will there be a later application for rezone or is that incorporated in this procedure today? CAMERO: No, so there won't be a later application for a rezone. The applicant actually currently submitted a 201H application in which they're going to ask relief from the County zoning requirements within that 201H and that will happen through the Office of Housing, by way of resolution. KERN: So— KEKAL That also goes in front of the Council. So, it's a different way to get to Council basically. KERN: Yeah, the 201H is a different path to get a zoning done it's through a State HRS a 201H process and basically in essence it expedites the zoning, and it goes through the Office of Housing. Granted the State Land Use has to match up with that so that's what you are seeing here is that State Land Use Boundary Amendment to get it so it's Urban. And then they go forward with their 201H process that gets approved by Council and within that they're able to get certain relief from say building permits and sometimes right-a-away widths and things of that nature to make it more affordable. It has to hit a minimum threshold of at least fifty one percent (51%) affordability for that to even be a process. It's a process that's used quite frequently these days. So, that's kind of where you'll see this coming through and then you'll see the 201H or what you'd look at as a rezoning coming through the Office of Housing and Community Development(OHCD). 12 EXHIBIT D CLARKSON: So, as a Commission we have absolutely no input on any of these setbacks. We have no input or concern really with anything other than the boundary amendment and all of the conditions of the project development are going to be handled by the Council without going through us? KERN: That's correct, with the exception of the couple of conditions that are on there with the with the farming etcetera that you've seen the Right to Farm next door. CLARKSON: Thank you. REPLOGLE: Are there any other questions or statements? Yes. KEKAL Hi Chair, I'm going to answer the question from Commissioner Clarkson from prior about the public trust doctrine. I was incorrect when I first stated that it doesn't apply. It does apply for a State Land Use Boundary Amendment. This project, I believe has done an Environmental Review and has received a finding of no significant impact. Therefore, the Commission could conclude that the impacts to the land have been considered, but I will leave that to you guys to discuss if you would like to the public trust doctrine. REPLOGLE: Thank you. Mr. Clarkson anything? Anybody else have questions? No, okay I would like to yes, Mr. Aguinaldo? AGUINALDO: I said no. REPLOGLE: Oh, okay. RAFFIPIY: Mr. Chair, I'm ready to make a motion. REPLOGLE: Okay, may I say something first. RAFFIPIY: Go ahead. REPLOGLE: Briefly, it's not a question, but at$750,000 for a median price home in Hawaii now most of us could probably qualify for this housing project and people need help and they need a place. Are we going to send them somewhere else, say you can't live in Hilo, there's no room because we don't want you next door? Anyway, with that said. Would somebody make a motion, Mr. Raffipiy? RAFFIPIY: Yes Mr. Chair I'm ready to make a motion. I move that a favorable recommendation be forwarded to the County Council on the application for a State Land Use Boundary Amendment Docket No. SLU 20-000054 based on the Planning Director's recommendations, which shall be adopted. AGUINALDO: I second. 13 EXHIBIT D REPLOGLE: It's been moved by Mr. Raffipiy and seconded by Mr. Aguinaldo, all those in, oh I'm sorry. Ms. Camero would you do the roll call,please? CAMERO: Commissioner Raffipiy? JACKSON: Tracie, hold on just a second, Chair, could you take up discussion first? REPLOGLE: Okay, thank you. Any discussion on the motion? There is none. Ms. Camero you may proceed. CAMERO: Thank you. Commissioner Raffipiy? RAFFIPIY: Aye. CAMERO: Vice Chair Aguinaldo? AGUINALDO: Aye. CAMERO: Commissioner Clarkson? CLARKSON: Aye. CAMERO: Commissioner Galimba? GALIMBA: Aye. CAMERO: Commissioner Lin? REPLOGLE: I think it was aye. LIN: Aye. REPLOGLE: You're muted. CAMERO: Perfect, thank you and Chair Replogle? REPLOGLE: Aye. CAMERO: Thank you. REPLOGLE: So, the motion is— go ahead, go ahead. CAMERO: Sorry, sorry, the motion carries six (6)to zero (0). Thank you. KATO: Thank you. 14 EXHIBIT D The item ended at 10:58 a.m. Respectfully submitted, Melissa Dacayanan-Salvador Secretary Windward Planning Commission 15 EXHIBIT D