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HomeMy WebLinkAbout2022-07-07 Windward Exh C (Item 2 Hilo Senior Investments PL-REZ-2022-000021) WINDWARD PLANNING COMMISSION COUNTY OF HAWAI`I HEARING TRANSCRIPT JULY 7, 2022 A regularly advertised hearing on the application of HILO SENIOR INVESTMENTS, LLC (formerly Island Heritage Ventures, LLC)(PL-REZ-2022-000021) was called to order at 9:23 a.m. in the County of Hawaii Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii with Chair Dennis Lin presiding. COMMISSIONERS IN ATTENDANCE: Dennis Lin, Gilbert Aguinaldo, Lauren Balog, John C. Cross, Louis Daniele I11, and Wayne De Luz ABSENT AND EXCUSED: Michelle Galimba ALSO IN ATTENDANCE: Sinclair Salas-Ferguson Esq. (Counsel for the Commission), Jean Campbell, Esq. (Counsel for the Planning Department), Zendo Kern (Planning Director), Christian Kay (Planner), Clinton Mercado (Planner), Tracie-Lee Camero (Planner), Janice Hata (Zoom Host), Maija Jackson (Planning Program Manager), and Melissa Dacayanan-Salvador (Windward Planning Commission Secretary) And eight members from the public in attendance. APPLICANT: HILO SENIOR INVESTMENTS, LLC (FORMERLY ISLAND HERITAGE VENTURES, LLC) (PL-REZ-2022-000021) Application for an amendment to Condition C (Time to Secure Final Subdivision Approval) of Change of Zone Ordinance No. 17-24, which rezoned approximately 7.402 acres of land from Single-Family Residential-10,000 Square Feet(RS-10) to Neighborhood Commercial-7,500 Square Feet(CN-7.5). The subject property is located on the southeast side of the intersection of Kanoelehua Avenue (Highway 11) and East Kahaopea Street, Waiakea Homestead House Lots, South Hilo, Hawaii, TMK: (3) 2-2-044:031, 032, 035 and 037. Secretary's Note: "—" indicates that there were technical and/or internet difficulties, which made the conversation inaudible. LIN: All right, now we will move on to agenda Item 42. Applicant is Hilo Senior Investments, LLC formerly Island Heritage Ventures, LLC. Application number PL-REZ-2022-000021. Application for an amendment to Condition C (Time to Secure Final Subdivision Approval) of Change of Zone, of Zone Ordinance No. 17-24, which rezoned approximately 7.402 acres of land from Single-Family Residential-10,000 square feet(RS-10) to Neighborhood Commercial- 7,500 square feet(CN-7.5). The subject property is located on the southeast side of the intersection of Kanoelehua Avenue (Highway 11) and East Kahaopea Street, Waiakea Homestead House Lots, South Hilo, Hawaii, TMK: (3) 2-2-044: parcels number 031, 032, 035 and 037. Sorry,just a quick change here. Is there anybody here that wants to testify on this 1 EXHIBIT C matter? Okay seeing none. Okay I will continue then, thank you. At this time, I'll call up staff presentation Maija Jackson, please go ahead. JACKSON: Thank you Chair. Good morning, commissioners. So, the next item is an amendment to a Change of Zone ordinance. The subject property is located in the South Hilo District. You can see the property outlined in black on this slide. Give me just a moment I have not used this clicker in years since we've been on Zoom. Let me try to point you to the, there we go. Okay, so this is the subject property outlined in black. You have Kahaopea Street running east west on the north side of the property and Kanoelehua Avenue running along the west side of the property in a north south direction. The property is currently zone Neighborhood Commercial-7,500 square feet. And the General Plan designation for the property is Low Density Urban. I believe when the zoning was originally granted in 1996, the Director at that time interpreted the General Plan map to allow for CN zoning. They interpreted as High Density Urban extending across the intersection. Let's see, this is an aerial view of the property. You can see it is primarily covered in vegetation. The testifier, Mr. Doi lives on this property here and I'm just going to go back to show you Mr. Doi's property is located here. And he accesses Kahaopea Street through an easement along the subject or through the subject property out to Kahaopea Street here. There is a drainage way that runs through the property generally in this area here and then a culvert that crosses Kahaopea Street generally in this area. You can see the surrounding area is residential to the east and north and then across the street kitty-corner is the Puainako Town Center with like Baskin Robbins, Subway at the corner and then an auto parts store here. So, back in I think 2017, when the prior rezoned amendment occurred. At the same time the owner, the landowner had a partner I guess that wanted to develop a 120-bed assisted living facility. So, in 2017 they applied for a Use Permit and the Planning Commission granted that Use Permit for the care facility and then at the same time they received the zoning amendment for a time extension to secure subdivision approval. The plans have not changed since then and the applicant has been working diligently in realizing those plans. So, this is essentially the site plan they had back in 2017 and it's the same site plan now. You can see Kahaopea Street on the left side of the slide, and Kanoelehua on the bottom. In the corner, you have the retail commercial component. There's a parking lot here and then this large structure in the middle of the property is the 120-bed assisted living facility. So, access would be off of Kahaopea Street here and then that will lead to the parking lot for the retail as well as several parking lots supporting the assisted living facility and then access to Mr. Doi's property which is here. I believe this dark gray area is generally where the floodway is and then the purple area is a wastewater treatment plant for the development. So, the applicant is requesting to amend Condition C for a five (5)-year time extension to secure final subdivision approval to consolidate and resubdivide the property. As I mentioned the applicant has been working diligently to complete development of the assisted living facility and the retail commercial uses on the property. They've received Master Plan approval in 2021 as well as tentative subdivision approval and drainage plans for on-site improvements. Remaining approvals that are needed are for additional drainage way improvements. They'll 2 EXHIBIT C have to get approval for that from Department of Public Works (DPW) and Federal Emergency Management Agency (FEMA). As well as State DOT approval for traffic improvements and final plan approval from Planning and building permits and construction plan approval from DPW. This is a view of the property from Kahaopea Street looking west towards the highway. You can see the low spot here in the road and then the road rises up to the highway. Access to the property would be generally in this location here. And then this is a view standing on Kahaopea looking into the property. You can see that part of the property is cleared and then there are several invasive non-native trees and shrubs on the property. And then this is a view standing across the property generally near where the Subway and Baskin Robbins is and then you can see the highway and the property with the palm trees another invasives and then is Kahaopea going down into the property. The Planning Director is recommending the Commission forward a favorable recommendation to the County Council to amend Condition C of Ordinance 17 24. And with that I'll turn it back over to Chair. Thank you. LIN: Thank you Maija. May I please have the applicant or the applicant's representative come up to the table. Please raise your right hands so I can swear you in. Do you swear or affirm to tell the truth on this matter before the Windward Planning Commission? APPLICANT/APPLICANT REPRESENTATIVE: I do. LIN: Please state your name and the town you live in. Also have you received the background and recommendation reports from the Planning Department, and do you agree with the Planning Director's recommendation including proposed conditions? YEH: Good morning, Mr. Chair and members of the Commission, Planning Director, and staff. My name is Tom Yeh, attorney for the applicant and then to my right is John Dewald who is the principal of the applicant. Yeah, we've looked over the conditions and the background report and wanted to thank staff and Planning Director for putting that together. Have no objections to the conditions as written and I just also wanted to say one of the assertion insertions was to allow for an administrative time extension. Instead of having to go back to the Council. If I may have a moment just to speak a little bit more about the applicants, the applications and some of the issues that have been discussed earlier today. It wasn't the applicant that has been involved in any kind of grubbing or grading activity or fill material that was a predecessor in interest. For your information back in February of 2018, FEMA did issue a conditional letter of map revision that allows the work in the drainage area to occur, and that work will allow additional building area to put the 120-bed assisted living facility on site. The conditions as they now stand and as they will stand once the extension is granted does require that in order for the Certificate of Occupancy to be issued for this 120-bed assisted living facility or for any bond for subdivision approval to be released that the FEMA people need to issue the final letter of map revision. Meaning that the work is been completed in accordance with the plans that are approved in the conditional letter of map revision. So that's the process that we are working 3 EXHIBIT C through. Mr. Doi understandably has issues about, concerns about drainage which are being resolved. Those plans have been approved and now it's really a matter of moving forward. Part of the reason for getting this time extension as you know we ran through Covid, we had a lava flow, we've had a change in the administrations and agencies and the current hang up seems to be working with Engineering Division from Public Works and/or Traffic Division and DOT. Which is not a tough, not an easy nut to crack to get an agreement on how these intersection improvements occur because Kahaopea is County and Kanoelehua is State. So, getting to agree on what kind of striping or signage or intersection improvements should be there has been taking some time no small amount of time. So, I think that's about it. Mr. Doi acquired the property from Stephanie Salazar a couple years ago. We have a memo of agreement that resolved the easement issues how that access is to be taken in conjunction with the development. Also, there's a twenty-two thousand (22,000) square foot lot on the back side of Mr. Doi's property that once the subdivision is done the applicants is agreed to convey that to him and he can "—". Thank you. So. Mr. Dewald may have some things to add I'm not sure, but we will open it up for questions also. DEWALD: I would like to thank you for your time. One other addition to the report is there was an archaeological study that was done for the site. So, I just wanted to make that correction. LIN: Thank you. Commissioners do you have any questions for the applicant or the applicant's representative at this time or for staff? DE LUZ: Chair,just one quick question for Mr. Yeh. LIN: Go ahead Commissioner De Luz. DE LUZ: So, the,just to reiterate your hang up has been how the road is going to work for the subdivision. Is that correct? YEH: That certainly a good part of what we are waiting for now is to get that approval. DE LUZ: Yes, from the plan I looked at and information provided it looks like your basic subdivision is ready to go. YEH: Correct. DE LUZ: And you just need to workout the access onto the Kahaopea Street and coming up to Kanoelehua. YEH: That's correct. 4 EXHIBIT C DE LUZ: So, the easement I see on the front, that still will exist, the one that comes off Kahaopea on the top right by Kanoeehua or is that being eliminated. I couldn't quite make that out. YEH: Yeah, the current easement for Mr. Doi's property runs parallel and adjacent to Kanoelehua. There's going to be a commercial site on that corner about thirty thousand (30,000) square feet. DEWALD: Fourteen (14) YEH: Okay, 14. Okay, and then, thank you. And then there's going to be a roadway that cuts through diagonally to get to another location because really if you look at where the current easement is now where it comes right out of the corner. It's not, it's not a real safe one because it's so close to turning intersection component. So, moving that access a little bit further into Kahaopea is a much safer access for everybody. So that's the plan right now and that's part of the subdivision plan. I believe that is, that's actually depicted in Exhibit 1 of the background report information that was provided. So, you'll see where that access is proposed to come out. Now, there will be an emergency access, another emergency access if needed which is a little bit closer to the intersection but most of the time that's going to be gated. DE LUZ: Thank you. No, that's excellent. Good luck with the DOT, I've dealt with them before. So, I can see why it's taking so long. Thank you. I can see it now on the map. Thank you. YEH: Yeah, and you know it's really more personnel change, there were these discussions and tacit agreements but never really documented in writing and then we have administration changes and now it's kind of restarting that whole process again. DE LUZ: Is Kahaopea part of the State or is it more Kanoelehua? YEH: Kanoelehua. DE LUZ: Okay, so the County is on — YEH: Kahaopea. DE LUZ: — Kahaopea. Okay. YEH: So, you've got some overlap of jurisdictions there. DE LUZ: Right, right, thank you. LIN: Any other questions for the applicant or the applicant's representative? AGUINALDO: Mr. Chair, I do. 5 EXHIBIT C LIN: Go ahead. AGUINALDO: For the applicant and the applicant's representative, I guess, you had a testifier indicating of material bringing brought to the property. So, he's concerned because in the back there going down on Kahaopea when it rains hard it does flood. So, he has an access easement, Russell has an access easement to his property. When you bring in material depending on the size of the area. You guys are bringing material or grubbing have you guys acquired a grading or grubbing permit to just cover your guys tushy because you guys are close to a flood zone right. You see where I'm coming from. YEH: Yep. AGUINALDO: So, you know it's just for him because he probably drives there every day, going and seeing material being brought in. From the time extension to wherever you guys are at now, are you guys taking proper mitigation as far as runoffs or what not. Because right across the street, I remember when there was a big flood long time ago, shucks even that house got flooded and the house sits pretty high. You know just addressing that, it's a great concept what you are trying to do. My question is again, have you guys take, you know I mean a grubbing or grading permit to satisfy FEMA right. YEH: Yes. So, basically the way the process works is FEMA issued its conditional letter of map revision based on plans for dealing with this drainage issue and grading plans have been provided and prepared and are being submitted to Public Works in compliance or consistent with those FEMA approved plans. We've also gotten the right-of-entry from the neighbors who are makai of the property because we need to go in there and do some work too as part of that. The idea is help focus, concentrate, and minimize any issues of drainage. It's just a matter of water. Where does this water come from? It comes from up above. I believe it's Waiakea Stream kind of water that the County has for some time also been kind of dealing with. So, it's kind of a host of factors that contribute to this. But, yes, grading permit,part of the construction drawings and plans in order to get final approval we are going to need to complete those before we can even get final approval or bonded. AGUINALDO: Okay, so, you guys do have at least a grubbing permit? YEH: It's coming. AGUINALDO: Okay. YEH: It's coming. Yes. But the client or the applicant was not responsible for bringing fill in and I just need to make that clear. That is not been the case. AGUINALDO: Okay. YEH: It was a predecessor owner. AGUINALDO: Oh, previously. 6 EXHIBIT C YEH: Previous, yeah. AGUINALDO: Okay, got it. Okay, I'm good. LIN: Thank you. Thank you, Commissioner. I guess, have any of you have other questions or comments? Commissioner Cross? CROSS: There used to be an old Murray Air crop duster plane on that property. I'd like to know where that is. DOL (From the audience.), It's still there. YEH: We are not sure who brought that onto the property, I'm not saying so. CROSS: All covered up with weeds right now. YEH: I think remnants of it are still there. Those are going to be cleared out as part of the development process. CROSS: That's part of my history. YEH: Okay. LIN: Thank you. Any other questions or comments for the applicant or the applicant's representative? I do recognize the Mr. Doi you have your hand up. If my fellow commissioners would like Mr. Doi to respond or comment that is up to the commissioners. DANIELE: Yeah, I have a question about his access. You said there is an easement through the property for him and will that easement, is that easement getting moved or is it staying in place? YEH: It's being moved. DOL (From the audience.), you cannot move that. That is land court land. YEH: Okay, alright. DOL (From the audience.) You no can move that. YEH: Well, we've already deregistered the land itself. So, it's now regular system land and then back in 2018 in June. There was a memorandum of agreement that specifically references the movement of the easement and its new location. So, that is already recorded in Land Court as well before the deregistration. So, there is an agreement in place to do that. It's not like we are running roughshod over anybody. LIN: Thank you. 7 EXHIBIT C DANIELE: Thank you. LIN: Mr. Doi, as the Commissioners would like for you to comment, you can come up. DOI: Yeah, talking about the fill. Even if the previous owner brought the material in, it's still there and if they did it illegally. This guy shouldn't just be able to let it go and no do nothing about it. You understand what I'm trying to say. And like I said, it's still in a flood zone yet and that went affect from the last flood that had my neighbor's house went get under water and about five (5)vehicles on my property went under water. There was a Public Works guy came and he said nothing wrong but, that was when Billy or Harry was Mayor and Roland guys had ties with that. So,just like they went run it under the table. But when I went to Public Works, Public Works said had no permit for bringing that material on the property. So, something should be done about that. That shouldn't just be run over and make believe nothing went happen. Furthermore, these guys tell they can move my easement. They no can move my easement because when that property they not supposed to had change the easement on the land. Cause what I understand that was a Land Court land and the easement was on the Land Court papers. And now they telling that they can move the easement, I don't think so, something is wrong there, you know. But, mostly is the material in the flood zone and when they brought the old hospital to, rubble from the old hospital to the property. That was a lot of cubic yards and I went grumble at that time too and nothing went happen. So maybe now with Roth as Mayor, something going happen. But before they can shot um' under the table and just like nothing. Because me, I only a small potato they can do that. But as time going by all these big guys who do anything they like even in Honolulu. When you look at Kealoha and all the Planning guys everything catch up and then things change. I'm sure all that even when happen on this island from Jay Kimura, Lincoln — LIN: Okay, thank you Mr. Doi. At this time, I want to give the Commissioners an opportunity to ask you some questions. DOI: Okay. LIN: Because I know that some of them had some questions. So, I believe Commissioner Daniele, you had a question for Mr. Doi? DANIELE: No. LIN: No, okay. Mr. De Luz? DE LUZ: Thank you Chair. Mr. Doi don't you think that changing that access will make it safer for you because it's really a bad, that's why I asked Mr. Yeh about that. Because it's dangerous. Already you guys are on a hill, right? Kahaopea, right by the light and they're trying to make it safer for you to access your property. 8 EXHIBIT C DOI: I'm good. Maybe fifty (50) guys going use that driveway then maybe going be one whole different thing, but if just only me I convenient with where the driveway going in and out. I've been using that for my whole life already and I've been there— DE LUZ: No, no, I appreciate that— DOI: —maybe sixty (60)years. DE LUZ: —but they are going to try to improve the property, you going to have a lot of people coming in and out right. And it just makes it more dangerous so, they trying to make it easier for everyone and there's going to be more traffic yeah coming in and out of that property. So, I'm just asking you, you don't think that's a better design? DOI: Well, I'm happy with the way it is now, you know. DE LUZ: But that's not the question I asked you. DOI: It's safe for me you know I— DE LUZ: Yeah, but it's not only you. What I'm asking you, don't you think that it's safer for everyone? DOI: Well, what I told them is if they like I move my access. I put my hand out and they gotta put something inside. But now these guys they like do everything on the way they like. What can I say, you know? DE LUZ: Well, I think it's safer. DOI: I told him, they went offer three (3) million for the land maybe about fifteen (15) years ago and I went decline the offer okay. So, now they like develop the land I told them what about forking up the money then and I'll pull out of there. But they said, oh, we no can fork up the money. So, if they no like pay, why they going play. You understand what I'm trying to say. DE LUZ: Well, yeah, you are holding them hostage, I understand. DOI: Yeah. DE LUZ: Right. DOI: Well, but they went offer already when they first wanted to develop. No was these guys but whoever Roland went bring went offer and I went turn um' down the money. And that was years ago. DE LUZ: Well, okay. That's a separate issue but I just was asking you basically Mr. Doi, I mean, obviously if you don't believe it's safer, I understand. But obviously you have a different 9 EXHIBIT C alternative but, I believe it's safer for the whole subdivision to take that approach in moving the entrance. So, I just wanted your opinion. Thank you Chair. LIN: Thank you Commissioner De Luz. Thank you, Mr. Doi. DOI: That's all? LIN: Thank you. DOI: Okay, thank you. LIN: Applicant or the applicant representative, did you have any further comments or remarks? YEH: My understanding on the history of what Mr. Doi is talking about is he asked if there was a willingness to acquire his property. I'm not sure what discussions went further than that. But really, seriously at this time the applicant has enough on its hands in terms of developing what's there. There may come a time that there's a need to obtain additional property. There's already been a give so to speak because there is a lot that's going to get conveyed. But other than that, we're board good on the issues otherwise. Thank you. AGUINALDO: Mr. Chair, I have a question for the applicant and the representative? LIN: Go ahead, Commissioner Aguinaldo. AGUINALDO: Just because of Russell. Do you guys have whatever access or easement or whatever his pre-existing driveway is right now. And I remember like what Mr. De Luz was indicating is for his safety. Do you guys have a drawing, is it on your guys site plan Al for his access relocation. How he's going to get in and out of his property? YEH: Yes. That's on Exhibit 1, it shows that— AGUINALDO: Exhibit 1. YEH: — access. JACKSON: We'll pull that up. AGUINALDO: Okay, yeah. Thank you. YEH: It should be Exhibit 1 to the Background Report. So, using, excuse, using the pointer. This is the current access to Mr. Doi's property here. As you can see the location is very close to the intersection so when you have people coming right in particularly it's not a good, safe alternative. So, the proposed traffic access or easement access would be shifted to this area and come out over here. That's where the new access would be. So, obviously from a design and safety standpoint given the kind of traffic that is going to be generated it's not going to be 10 EXHIBIT C substantial. But, regardless whether it's staff or employees or visitors to this assisted living facility or the commercial site. We really don't want traffic coming in and out of that location. AGUINALDO: I see. So, that's the proposed in and out of the development. So, Russell's property is by looking at that map is on that white area where you have all the contours, right there. YEH: Yes. AGUINALDO: So, in the future I would appreciate if you guys doing that for this site plan. Just indicate that for him because by looking at it, if I'm looking at it, I don't see where he's going to get in and out. Because all I see the arrows is, there is no like an approach or a driveway. So at least he sees it for himself because if I am looking at, I look like I'm land locked. YEH: I see. AGUINALDO: Yeah. So,just,just you know. YEH: I appreciate that because obviously his lot abuts the boundary of the property where that access is going to be so, he'll have direct access along that frontage. AGUINALDO: Right. Okay. I think, I good. Yeah. LIN: Thank you Commissioner Aguinaldo. AGUINALDO: Thank you LIN: Okay, so Commissioners we need a motion and a second before we can discuss further. So, may I hear a motion for action. DE LUZ: I move that a favorable recommendation be forwarded to the County Council on the application for a Change of Zone, Docket No. REZ 2022-021, based on the Planning Director's recommendation, which shall be adopted. LIN: Is there a second? DANIELE: I'll second that. LIN: It's been moved by Commissioner De Luz and seconded by Commissioner Daniele for a favorable recommendation. Commissioners any discussion on the motion? If there is no discussion, staff may I please get a roll call vote. JACKSON: Yes. Commissioner De Luz? DE LUZ: Aye. 11 EXHIBIT C JACKSON: Commissioner Daniele? DANIELE: Aye. JACKSON: Commissioner Aguinaldo? AGUINALDO: Aye. JACKSON: Commissioner Balog? BALOG: Aye. JACKSON: Commissioner Cross? CROSS: Aye. JACKSON: And Chair Lin? LIN: Aye. JACKSON: Okay, the motion carries six—zero. LIN: Thank you. You'll be notified in writing. YEH: Thank you. DEWALD: Thank you. YEH: Thank you for your consideration. The item ended at 9:56 a.m. Respectfully submitted, Melissa Dacayanan-Salvador, Secretary Windward Planning Commission 12 EXHIBIT C