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HomeMy WebLinkAbout2022-02-03 Windward Exh A Goode (PL-REZ-2021-003) WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT FEBRUARY 3, 2022 A regularly advertised hearing on the application of GARVIN & LAURA GOODE (PL-REZ- 2021-000003) was called to order at 9:09 a.m. via live stream online meeting, with Chairman Dean Au presiding. COMMISSIONERS PRESENT: Dean Au, Joseph Clarkson, Michelle Galimba, Dennis Lin, Thomas Raffipiy, John Replogle EXCUSED: Gilbert Aguinaldo ALSO IN ATTENDANCE: Dakota(Cody) Frenz, Esq. (Counsel for the Commission), Jean Campbell, Esq. (Counsel for the Planning Department), Zendo Kern (Planning Director), Jeffrey Darrow (Deputy Planning Director), Tracie-Lee Camero (Planner), Maija Jackson (Planning Program Manager), and Melissa Dacayanan-Salvador (Windward Planning Commission Secretary) APPLICANT: GARVIN & LAURA GOODE (PL-REZ-2021-000003) Application for a Change of Zone from an Agricultural-20 acres (A-20a) to a Family Agricultural-2 acres (FA-2a) zoning district for approximately 9.581 acres of land. The subject property is located at 27-2365 Hawaii Belt Road, 300 feet west(mauka) of its intersection with Kalaoa Camp Road, Portions of Aleamai & Kalaoa, South Hilo, Hawaii, TMK: (3) 2-7-008:130. Secretary's Note: "—" indicates indiscernible speech due to internet/technical difficulties or simultaneous talk. AU: So, I guess we'll just move on to applicant number two, which is, and I do see the applicants on the screen good morning. The applicant is Garvin and Laura Goode. An application for a Change of Zone from Agricultural-20 acres to a Family Agricultural-2 acres zoning district for approximately 9.581 acres of land. The subject property is located at 27-2365 Hawaii Belt Road, 300 feet west(mauka) of its intersection with Kalaoa Camp Road, portions of Aleamai & Kalaoa, South Hilo, Hawaii, TMK(3) 2-7-008:130. So, can I get the applicant and applicant's representative? I see Mr. Fuke, okay, so I'm going to have to swear you guys all in so, can you please raise your hand. Do you swear to affirm to tell the truth on this matter now before the Windward Planning Commission? FUKE: I do. G. GOODE: I do. L. GOODE: I do. 1 EXHIBIT A AU: Okay, thank you Mr. Fuke, thank you, Mr. and Mrs. Good. So,please state your name and the town that you live in, and you can go ahead with your— LIN: Point of order, Chair Au. I believe staff presentation first. AU: Oh, I'm sorry, I'm sorry, excuse me. Staff presentation, thank you, Commissioner Lin. CAMERO: That would be me, let me just get my screen up and share it with you all. Okay, sorry. Good morning, Chair, and members of the Windward Planning Commission. The application that you have before you today is the Laura and Garvin Goode Change of Zone application number PL-REZ-2021-000003. The subject parcel is located within the South Hilo District within the Papa`ikou area and shown on your screen by the star. Highway 19 runs in the north to south direction on your screen. The applicant is requesting a Change of Zone to reclassify the subject property from Agricultural-20 acres to Family Agricultural-2 acres zoning district for approximately 9.581 acres of land. The reason for the request is that if the requested land use entitlement change is approved the applicant's proposed to subdivide the property into three (3) lots in order to convey two (2) of the 3 proposed lots to their family members. This is the County's zoning map for the subject property which is outlined in yellow. The current zoning for the subject property and the neighboring properties is Agricultural-20 acres. Properties to the east and across the highway are zoned Single Family Residential-10,000 square feet as shown or, as indicated by the yellow on your screen. This is the State Land Use Boundary map the subject property again is outlined in red for your convenience. The subject property is located within the State Land Use designation of Agricultural. As you can see there's the Urban designation further east and to the right of your screen as indicated by the pink. This is the Land Use Pattern Allocation Guide (LUPAG) map. The subject property is outlined in red for your viewing. The light green color indicates the Important Agricultural Land (IAL) designation, and the golden rod color is indicated the Low-Density Urban (LDU) designation. While the property is designated as IAL and LDU. Given the broad-brush nature of the LUPAG map the Planning Director has determined that the subject property is situated within the LDU LUPAG designation which would accommodate the applicant's request for the FA zoning. This is the Hamakua CDP map. The subject property is located within the Hamakua CDP which does encompass the judicial district of Hamakua to North Hilo and portions of South Hilo. The subject property is actually hidden beneath this legend map. I put a star on the legend map to show the approximate area that the subject property is located within the Hamakua CDP. It is located within an Important Agricultural Land designation and, as you can see there's a lot of the Low-Density Urban designation located within this area. This is an aerial view of the subject property. The property is irregular in shape and located mauka of Highway 19. The property is bisecting by the Kalaoa Camp Road which you can be run across your screen. There are 2 existing dwellings located on the property and several farm related structures. This is one dwelling, and this is the other dwelling. Access to the property is from Kalaoa Camp Road, which is an existing 12-foot-wide pavement within a 30-foot-wide roadway easement that bisects the property like I mentioned earlier. The private roadway is accessed by Highway 19, which is State owned highway, and you can see it's 2 EXHIBIT A at the top right-hand corner of your screen. The applicants are currently eligible to have a total of 3 dwellings on the subject property. Two of which are defined as additional farm dwellings, and one (1) is defined as a single-family dwelling that is currently being operated as a Bed and Breakfast. The single-family dwelling is located here. This is one of the additional farm dwellings, and the second additional farm dwelling will be located within this area. This is the proposed site plan that was submitted by the applicant representative. For easier viewing I've modified the subject property in red. What the applicants are proposing to do is to subdivide the subject parcel into 3 lots, which consists of approximately 3.7 acres which will be this lot. Then you have a 2.8-acre property and a 2.083-acre property which will also be exclusive of the 1-acre road and utility easement that bisects the property. Excuse me, as mentioned earlier, 2 of the 3 lots would be conveyed to family members and each will contain a farm dwelling while the lot with the single-family dwelling will still be retained for the Bed and Breakfast use by the applicant. On your screen, you have site photos of the subject property. The photo on your left is a photo facing the property to the east, showing you Kalaoa Camp Road. This portion of Kalaoa Camp Road is not the applicant's property, however, this portion on the right is the beginning of the applicant's property where the single-family dwelling currently exists. The photo on the right is the site of the second additional farm dwelling and further west along Kalaoa Camp Road. This again is the site where the second additional farm dwelling has not been built, however, the entitlement for that additional farm dwelling has been given to the applicant and they intend to start construction on that additional dwelling soon if I'm not mistaken. Lastly, on your screen, you have a view of the existing single-family dwelling on your left-hand side. This is the dwelling that the applicants currently operate their 3-bedroom Bed and Breakfast. I'm sorry, this is the left of your screen. On the right of your screen, you have a view of the existing first additional farm dwelling that was constructed and completed. Both of the dwellings are proposed to stay as is and none of the dwellings are proposed to be modified in any way at the moment. At this time, the Planning Director is recommending that the Windward Planning Commission forward a favorable recommendation to the County Council for Change of Zone application No. PL-REZ-2021-000003 and that concludes my presentation, and I can turn the floor back to the Chair. AU: Thank you Tracie for that thorough presentation. REPLOGLE: Mr. Chair? AU: Yes, go ahead, Commissioner Replogle, do you have any questions for staff? REPLOGLE: No, I have a question for you. May I have one minute to go get my hearing aids? AU: Okay, you can go ahead, should we go ahead and take a recess for five minutes then and then we can go — 3 EXHIBIT A REPLOGLE: It'll only take me seconds. AU: Okay. REPLOGLE: There was something mentioned about us being on the screen during the whole thing. AU: Okay, well, you can go ahead and get it and we'll just, we have quorum so it's okay for us to carry on. REPLOGLE: Okay. AU: So, at this time I did swear in the applicant and applicant's representative and I'm sorry. Oh, sorry Cody you have a question? FRENZ: Not a question,just a comment before we get started with the applicant's presentation. Just a quick disclosure for the applicants and the entire Commission. I also in my work capacity represent the Liquor Adjudication Board that Mr. Fuke is on, so I do work with Mr. Fuke regularly in that regard, once a month typically. And so, and I'm also classmates with his son from Waiakea High School and is a good friend of mine. So, I just wanted to disclose that. I always believe in full disclosure and ensure that the applicants, for example, have no concern and that no Board member has a concern or Commissioner, excuse me, has a concern so just a disclosure. Thank you. AU: Okay, thank you, thank you for that disclosure. So, at this time I'd like to go into the presentation and Mr. and Mrs. Giddy. I'm sorry, I think I said your name wrong is it Giddy or Goody? L. GOODE: Goode. G. GOODE: It's Goode. AU: Good, oh it's Good okay. Okay, okay. G. GOODE: It's all good. AU: . "—"watching your last name, I apologize,but— G. GOODE: That's okay. AU: Please go ahead with your presentation Mr. Fuke or Mr. or Mrs. Goode. FUKE: Sure, thank you very much Mr. Chairman, members of the Commission. Yes, the applicant's name is Goode, the "e" is silent and also relative to Ms. Frenz's comment, yeah, we absolutely have no qualms about her participation in this. She's very honorable although we serve on the Liquor Adjudication Board together, I'm sure that we both can make our respective 4 EXHIBIT A objective decisions and provide our opinion subjectively. Generally, your staff's presentation is always very comprehensive, well thought out, and the recommendation those both items were reviewed by Mr. and Mrs. Goode and myself, and they found them to be very comprehensive and acceptable, including the conditions. We really don't have too much more to add to the staff's Background report except that we just liked to make one additional comment. I guess that is that as the staff noted they requested; you know 2 comments I think so. As the staff noted the subject property is like nine (9)plus acres and conceivably we could have gone in for like an FA- 3 acres zone. But because the way the property is configured, and you have the existing Kalaoa Road easement which actually the property belongs to the Goode's. But it's a roadway so it just made the subdivision of the land difficult in terms of trying to create 3 3-acres properties and so as a result, the applicant came in with the FA 2-acre zone. But effectively it's going to be a 3- acre lot subdivision and that's about it. Although mathematically you could create like an additional lot, but that is not going to be I guess from a configuration standpoint, doable. The other thing I kind of wanted to mention is that as the staff noted that there are 2 existing residences on the property. They currently have a building permit application out for the third dwelling, which is going through the process right now. So, at the end of the day, if the rezoning is approved, from a density standpoint you're not really increasing the density of the project, of the subject property, because you already have permission to construct 3 dwellings and that's all you're going to have on the property. The primary intent, so one might ask then. Okay, so if you have permission to construct 3 dwellings 2 of them are going to be conveyed to your children, then why the rezoning? Well, the idea behind the zone change is to enable them to subdivide the land such that each of the different areas where you have your home could be conveyed easily, without having to be conveyed on an undivided interest basis. So that's the idea behind the subdivision. Also, we know that for financing purposes it becomes easier if you have your own TMK number, rather than having it done encumbered by the balance of the property. The staff recommendation I think in Condition F, has a condition that requires, actually that prohibits the construction of any additional dwelling on the respective 2 plus acres site property. So that effectively closes the door on having any more residences on the 9-acre site. So, I think essentially then what you have is like what you see, is what you have and all you have is this line going through the respective property to create separate TMK's and in essence that's the nature of the project. And we request the Commission's favorable consideration of the Goode's request, thank you very much. AU: Thank you, Mr. Fuke for that presentation and you did state for the record that you agree with the Planning Director's recommendation? FUKE: Yes. AU: So, Mr. and Mrs. Goode would you guys like to say something? L. GOODE: I think everyone said it just right. G. GOODE: Thank you. 5 EXHIBIT A L. GOODE: Thank you. AU: Okay, well, Commissioners, you have any questions for the applicant or staff? Commissioner Galimba, go ahead. GALIMBA: Thank you, I just wanted to be clear. So, Mr. Fuke said that there already is a sorry my dog is here with me. There already is a second dwelling and there's a permit for a third so there will not be any further dwellings constructed, and so what I'm understanding is that the way that this is going to be divided. It'll put that second existing dwelling on one lot and then they'll be building the building that they already have a permit for on the third lot is that my understanding, correct? FUKE: That is correct. GALIMBA: Okay, thank you very much. AU: Commissioner Replogle? REPLOGLE: I'd like to move for a favorable recommendation to the County Council on the application for the Change of Zone Docket No. REZ 2021-003, based on the Planning Director's recommendation, which shall be adopted. AU: Okay, so Commission Replogle has made a motion, but Commissioner Clarkson has raised his hand so, can we hold on. Let's hold on to that motion and Commissioner Clarkson did you have a question? CLARKSON: Yes, I did. I just wanted to make sure this is a question for staff. That during the issuance of the permits the second and third farm dwelling permits, there were no conditions in the issuance of those permits which would conflict with any of the conditions of the rezone. And just as an aside, how is it I have heard of second farm dwelling for a given parcel but not a second and not a third farm dwelling. Can somebody just explain how you get more than one farm dwelling permit? CAMERO: So, I apologize Commissioner Clarkson. So, the first farm dwelling the applicant came in and they proved to us that they had adequate farming on the property to get the first farm dwelling. Which is the existing structure that's closest to the existing single-family dwelling. More recently, if I'm not mistaken, the Goode's,please correct me if I'm wrong. It was either in 2018 or 2020 within those two areas that you guys work with the department to get the second additional farm dwelling. Where you guys' also kind of proved to us the need for that additional farm dwelling for your house to house your farm workers to support the farm business that you guys had on the property at the time. We just encountered kind of a department discrepancy in the second additional farm dwelling, where the department got the recordation papers, however, it wasn't forwarded to the Bureau of Conveyances, so we were working with the Goode's on completing that actually very recently. So, that's how they got the total of the 3 dwellings on the property. 6 EXHIBIT A If this Change of Zone is approved, one of the conditions is that we will have them cancel those farm dwelling agreements so then essentially each property will only be allotted the one dwelling per property if the final subdivision gets approved as well. KERN: And, if I may, Mr. Chair? AU: Go ahead, Director. KERN: Thank you just to kind of add on to Commissioner Clarkson's question. A property can have more than I or 2 or 3 additional farm dwellings if they meet criteria of actually having an active farm. It's been a bit kind of a subjective in a certain way. So, we're working as a department to — FRENZ: Sorry Director Kern, I can't, we can't hear you. KERN: Oh. FRENZ: After you said, they can have three or more assuming they prove, and I lost you. Not sure about anyone else. KERN: How about that? FRENZ: Thank you. KERN: For some reason it connected to that and they're not even open. So, yeah there is the opportunity for additional farm dwellings, as long as they meet the criteria that they're actively engaging in the farming and on that scale, so the opportunity does exist. FUKE: So,just to add to that I think what might be a little confusing is that the building permit for which the dwelling is being applied for right now. That's considered like the second farm dwelling on the property. The existing bed and breakfast is not considered as a farm dwelling. So, when they constructed the second dwelling on the property that was considered the first farm dwelling. And the one they recently got approved I think in 2020 maybe, that was then considered the second dwelling for which the building permit is now being processed for. CLARKSON: Well, I'd asked the Director to clarify that just for me because maybe I'm wrong, it was my understanding that any home constructed on an agricultural lot was considered the first farm dwelling. Not all homes had to be farm dwellings according to State Law and that the second home constructed was the second farm dwelling. So, therefore the third home here would be the third farm dwelling. Am I mistaken or can you help me— FUKE: If I can just add to that, I think that's probably true Commissioner Clarkson however, when the Special Permit was issued for the bed and breakfast that eliminated that structure that dwelling to be considered a farm dwelling. 7 EXHIBIT A KERN: There's also additional nuance that we can go into outside of that just for your awareness that the lot was created prior to June 4h, 1976 is classified as a residence. And then the next dwelling would be a farm dwelling and so forth. So, there is a little bit of back and forth on that we're probably getting into the weeds, but it can happen. CLARKSON: Thank you, thank you for that clarification. AU: Thank you, Commissioner Clarkson for that question. Thank you, Director, staff, and Mr. Fuke for answering that question. Are there any other questions for staff or for the applicants? Okay, if there's no further questions for them, there is a motion on the floor by Commissioner Replogle to approve a favorable recommendation to the County Council. Can I get a second? RAFFIPIY: Mr. Chair, I second the motion. AU: Okay, Commissioner Raffipiy has second the motion. Let's go into discussion. Any Commissioners want to discuss? No! If there's no discussion staff, can we get our roll call, please. CAMERO: Yes. Commissioner Replogle? REPLOGLE: Aye. CAMERO: Commissioner Raffipiy? RAFFIPIY: Aye. CAMERO: Commissioner Clarkson? CLARKSON: Aye. CAMERO: Commissioner Galimba? GALIMBA: Aye. CAMERO: Commissioner Lin? LIN: Aye. CAMERO: And Chair Au? AU: Aye. CAMERO: The motion carries six (6)to zero (0)with Commissioner Aguinaldo excused. AU: Okay, thank you very much. Thank you, applicant, you will be notified in writing. Thank you very much for your time. 8 EXHIBIT A FUKE: Thank you very much— L. GOODE: Thank you. G. GOODE: Thank you. FUKE: —Chair and the Commission. The item ended at 9:32 a.m. Respectfully submitted, Melissa Dacayanan-Salvador Secretary to Boards and Commissions 9 EXHIBIT A