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HomeMy WebLinkAbout2022-03-03 Windward Exh A (Items 1 Director Initiated REZ 1052 PL-PDI-2021-000002) WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT MARCH 3, 2022 A regularly advertised hearing on the PLANNING DIRECTOR INITIATED REPEAL OF CHANGE OF ZONE ORDINANCE No. 04 120 AND AMENDMENT TO CHAPTER 25 OF THE HAWAII COUNTY CODE was called to order at 9:15 a.m. via live stream online meeting, with Chairman Dean Au presiding. COMMISSIONERS PRESENT: Dean Au, Michelle Galimba, Joseph Clarkson, Wayne De Luz, Dennis Lin, and John Replogle ABSENT AND EXCUSED: Gilbert Aguinaldo ALSO IN ATTENDANCE: Malia Kekai, Esq. (Counsel for the Commission), Jean Campbell, Esq. (Counsel for the Planning Department), Zendo Kern (Planning Director), Maija Jackson (Planning Program Manager), Christian Kay (Planner), and Noriko Sauer (Secretary to Boards and Commissions) INITIATOR: PLANNING DIRECTOR (ELLIS JACOB HESTER TRUST) (REZ 1052/PL-PDI-2021-000002) The Planning Director has initiated the repeal of Change of Zone Ordinance No. 04 120 and amendment to Section 25-8-28 (Ka`u District Zone Map), Chapter 25, Article 8, of the Hawaii County Code 1983 (2016 edition, as amended), by reverting the current zoning of the subject properties from Agricultural Project District(APD) to their original Agricultural 20-acres (A20-a) zoning district for 171.782 acres of land. The rezone area consisting of two (2)parcels is located at 96-3090 Meyer Road, approximately 1.5 miles northwest(mauka) of Hawaii Belt Road, Palima&Pa`auau, Ka`u, Hawaii, TMKs: (3) 9-6-005:108 & (3) 9-6-006:004. AU: So with that said, let's go right into our agenda item number 1 and, which is a Planning Director initiative to repeal Change of Zone Ordinance number 04 120, and amend Section 25-8-28, Chapter 25, Article 8, of the Hawaii County Code 1983, by reverting the current zoning of the subject properties from Agricultural Project District to their original Agricultural 20-acres zoning district for 171.782 acres of land. The rezone area consisting of two parcels is located at 96-3090 Meyer Road, approximately 1.5 miles northwest of Hawaii Belt Road, Palima and Pa`auau, Ka`u, Hawaii. TMK is (3) 9-6-005:018 and TMK (3) 9-6-006:004. So, Christian, can we have a staff presentation, please? KAY: Yes, thank you, Mr. Chair. Good morning to you and good morning to members of the Windward Planning Commission. If you give me a moment, I'll share my screen. All right, can everyone see that? Okay, great. As the Chair stated, this is a Planning Director-initiated repeal of Change of Zone Ordnance 04 120. The owner of the properties is the Ellis Jacob Hester Trust. 1 EXHIBIT A The subject properties are situated in the Ka`u District of Hawaii Island. More specifically, mauka of Pahala here, and the subject properties are here outlined in red. For reference, we've got the highway running generally north south through the slide, and the access to the subject properties is via Meyer Road. So the Planning Director's action is an initiation of a request to repeal Ordinance number 04 120, which rezoned two parcels of land totaling 171.782 acres from Ag-20 to Agricultural Project District for the purposes of subdividing the property into 25 lots from 5 to 12 acres in size and to allow for deviations from the standard roadway and water infrastructure requirements related to the proposed development. This action is in response to a written request submitted by Gregory Pile, successor trustee of the Ellis Jacob Hester Trust, to satisfy the requirements of the Trust upon the death of Mr. Hester. According to the request, Mr. Hester died on August 8, 2020, at which time his Trust became irrevocable. Legal terms of the Trust require the parcels be consolidated and resubdivided into two lots to provide a 40-acre parcel to Mr. Hester's surviving spouse; this parcel would include the residence, and the remaining acreage would create the second parcel. The required time by which to secure final subdivision approval has lapsed that would have been November 8, 2014, and the Trust cannot secure a time extension to complete conditions of the ordinance as the project runs counter to the Trust requirements, and the Trust does not have the financial ability to complete the project as permitted. Based on the proceeding and pursuant to Condition Q of the ordinance, which gives the Director the authority to revert the zoning, the Planning Director has agreed to initiate the repeal of the subject ordinance in its entirety, which will revert the zoning of the parcels back to Agricultural 20-acres to facilitate the required consolidation/resubdivision action. The zoning of the subject property is Agricultural Project District as indicated in this hatched color, green hatched color. The surrounding zoning for much of the area is Agricultural 20-acres, and there is a myriad of residential and commercial zonings that make up the Pahala Town. The subject properties are situated in the State Land Use Agricultural District as indicated by the green color, and Pahala is Urban as indicated by the red color. The General Plan Land Use Pattern Allocation Guide Map designates the subject properties and much of the surrounding area as Important Agricultural Lands. There are some Extensive Agricultural Lands in the area and Low- and Medium-Density Urban to, again, be situated with the Pahala Town. I should also note that the Ka`u Community Development Plan designates the subject properties similarly in Important Agricultural Lands. Here are a few aerial photographs of the subject properties. The one on the left is a zoomed-out view, again,just showing the properties in context with the surrounding area, Pahala Town here makai of the subject properties, and on the right-hand side you see a more zoomed-in view showing the two properties, and there is active agriculture, or what was active agriculture at the time the photo was taken. On this makai parcel is a single-family dwelling, some ag structures, and related improvements, and then on the mauka parcel is vacant of structures and has a reservoir area there. 2 EXHIBIT A So the Planning Director is recommending that we forward a favorable recommendation to the County Council to repeal Ordinance 04 120. With that, I'm happy to turn the time back over to the Chair, and we'll be happy to take any questions as appropriate AU: Thank you, Christian. Does any commissioners have any questions for staff? Okay, if there's no questions, I'd like to call the applicant or the applicant's representative. Mr. Greg Pile, I believe you are on. I need to swear you in. Can you please raise your right hand so I can swear you in? Do you swear or affirm to tell the truth on this matter now before the Windward Planning Commission? PILE: Yes AU: Okay,please state your name and the town you live in. PILE: My name is Greg Pile, and I live in Valley Center, California. AU: Okay, thank you, Mr. Pile, for being here. Would you like to add anything? Would you like to give your, give a presentation? PILE: I don't really have any presentation on this other than I'm just trying to follow the dictates of the Trust, and that would be to turn over the parcels that have been laid out. There is a drawingI got it somewhere but there is a drawing of 40 acres, and that includes parts of both, both parcels, and so I'm just trying to do whatever it takes to get that done. AU: Okay. Okay, well, thank you, Mr. Pile, for being here. I'm sorry for your loss. And so I understand that our Planning Director has initiated this based off of your action. Does any commissioners have any questions for Mr. Pile? No? Okay GALIMBA: I don't have any, I don't haveChair, can I say something? AU: Yes. GALIMBA: Yeah, I don't have any questions, but I just wanted to add on to your condolences and just say that Mr. Hester was an amazing farmer, and we are, we got lost a lot with him. PILE: Appreciate that. I am who I am and do what I do today largely due to him. I've known him since I was 14. AU: Commissioner Replogle, did you have a comment or a question? REPLOGLE: Yeah, I wanted to say that Mr. Hester brought good things to Ka`u, gave people here the view that other things could be done besides sugar and coffee. He will be missed. PILE: He did that wherever he was at. He had to give. REPLOGLE: Yep. 3 EXHIBIT A AU: All right, thank you, guys, for those words. So at this time I'd like to entertain a motion by any commissioner. Commissioner Replogle. REPLOGLE: I move that a favorable recommendation be forwarded to the County Council to repeal Ordnance number 04 120 and revert zoning back to Agricultural 20-acres based on the Planning Director's recommendation, which shall be adopted. LIN: I second. AU: Okay, so it was, motion was made by Commissioner Replogle, seconded by Commissioner Lin. Does anybody have any discussions or comments? I'd like to just make a quick comment. Based off of Commissioner Replogle and Commissioner Galimba's response, you know, this individual and this landowner has brought a lot to the community, and, you know, I understand that that community needs that type of people in there, and, you know, he definitely will be missed. And hopefully, someone will come in and do something with that land. So, thank you. PILE: Thank you AU: Okay, with that said, we are ready to take the vote. KAY: Okay, thank you, Mr. Chair. Commissioner Replogle? REPLOGLE: Aye. KAY: Commissioner Lin? LIN: Aye. KAY: Commissioner Clarkson? CLARKSON: Aye. KAY: Commissioner De Luz? DE LUZ: Aye. KAY: Commissioner Galimba? GALIMBA: Aye. KAY: And Chair Au? AU: Aye. KAY: Thank you, Mr. Chair, motion carries, six-nothing. 4 EXHIBIT A AU: Thank you, Mr. Pile, you will be notified in writing. Thank you very much. PILE: Is that all you needed me for on this meeting? AU: Yes, sir. Thank you very much for your plan. PILE: Thank you, appreciate it. The hearing ended at 9:26 a.m. Respectfully submitted, Noriko Sauer, Secretary Secretary to Boards and Commissions 5 EXHIBIT A