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HomeMy WebLinkAbout2005-04-01 TLEAIRD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT APRIL 1, 2004 A regularly advertised hearing on the application of JOHANNA LEAIRD/KAMEHAMEHA was called to order at 11:00 a.m. in the County SCHOOLS (SLU 04-012/REZ 04-027) Building, Councilroom - Room 201, 25 Aupuni Street, Hilo, Hawaii, with Second Vice- Chairman Hannah Springer presiding. PRESENT:Hannah Springer ABSENT & EXCUSED: Fred Galdones C. Kimo Alameda Jeffrey McCall Bill Graham Andrew Iwashita Allen Salavea Rene€ Siracusa RodneyWatanabe IvanTorigoe,DeputyCorporationCounsel Christopher J. Yuen, Planning Director Norman Hayashi, Planning Program Manager Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner And approximately 38 people from the public in attendance. APPLICANTSPRINGER: JOHANNA LEAIRD/KAMEHAMEHA SCHOOLS (SLU 04-012/REZ 04-027) a.State Land Use Boundary Amendment for 1,771 square feet from the Urban to the Agricultural District and 20,084 square feet from the Agricultural to the Urban District. b.Change of Zone for 1,771 square feet from a Multiple-Family Residential 1,000-square foot (RM-1) to an Agricultural 20-acre (A-20a) district and 20,084 square feet from an A-20a to a RM-1 district. The properties involved are located along the west side of Wainaku Street, adjacent to and north of Dodo Mortuary, Puueo, South Hilo, Hawaii, TMK: 2-6-8: portion of 22 and 2-6-9: portion of 8. SPRINGER:Right now, we€re on Item No. 4. The applicants are JOHANNA LEAIRD/KAMEHAMEHA SCHOOLS (SLU 04-012/REZ 04-027): a.State Land Use Boundary Amendment for 1,771 square feet from the Urban to the Agricultural District and 20,084 square feet from the Agricultural to the Urban District. b.Change of Zone for 1,771 square feet from a Multiple-Family Residential 1,000-square foot (RM-1) to an Agricultural 20-acre (A-20a) district and 20,084 square feet from an A-20a to a RM-1 district. EXHIBIT C The properties involved are located along the west side of Wainaku Street, adjacent to and north of Dodo Mortuary, Puueo, South Hilo, Hawaii, TMK: 2-6-8: portion of 22 and 2-6-9: portion of 8. At this time, I€d like to alert us that Johanna Leaird has already come to the table to join with us for this discussion. Mr. Darrow. DARROW:Thank you, Madam Chair. If I can direct your attention to the location map. Sorry, for the size, we were trying to get a larger area within but -. For reference, this white line that€s running in a north-south direction is the Hawaii Belt Road. This is located within the South Hilo District of Hawaii. This particular application is on Wainaku Street, identified in the red dot directly across from the intersection of Halalani Place and Wainaku Street, just south, as mentioned, of Dodo Mortuary. This also runs along the Pukihae Stream, just adjacent to the Stream; and that would be in this area. This is Wainaku Street here, and then justdirectlyacrossisHalalaniPlace. Theapplicantsinthiscase,JohannaLeairdandKamehameaSchools,arerequestingaStateLand Use Boundary Amendment from Urban to Agriculture for this particular parcel; and a change of zone from RM-1 to Agricultural 20 acres for 1,771 square feet of land. They are also requesting a State Land Use Boundary Amendment from Agriculture to Urban for this particular portion here and a Change of Zone from Agriculture 20-acres to RM-1, or Multiple Family - 1,000 square feet. The reason for the request today is the applicants are conducting a land exchange. Kamehameha Schools which owns this portion is doing a land exchange with Johanna Leaird who owns this portion; and the reason for the exchange is that this will allow Kamehameha Schools a new access road to access their property, which is a large 1500, approximately a 1500-acre parcel and, instead, of using the existing easement that is on Ms. Leaird€s property at this time. In exchange, Ms. Leaird will be able to acquire 20,084 square feet of land from Kamehameha Schools; and this would allow her lot to become a buildable lot. If approved, the applicant, Johanna Leiard is proposing to develop several structures on the property. One is a two-story main residence which is identified here, a 5-bedroom bed and breakfast operation, as well as a Japanese tea house, along with a bath house. These will be generally located in these areas. The Planning Director is recommending that these requests be given a favorable recommendation by the Planning Commission to the Hawaii County Council, although with one change. The Planning Director would like to have the change of zone that is requested for the 20,084 square foot area to be changed to RM-10 instead of RM-1. And the reason for this request is that by changing the zoning to RM-10,000 square feet, this will allow the applicant to be able to still do her development, but it will prevent future development of condominiums or apartments on this area that is really not suited for such a development. The RM zoning it self will also allow the applicant to have the bed and breakfast operation as a permitted use, without having to come in for a special permit. One of the conditions of the change of zone will be that if approved the applicant will be required to submit a separate change of zone request for this portion, the existing portion of RM zoning and change it to RM-10, thus preventing the split zoning of the property. We have had one letter that has come in of opposition; and that has been submitted to the Commission. 2 Are there any questions? MCALL:Yes -. SIRACUSA:Yes -. GRAHAM:I -. SPRINGER:Commissioner McCall, Siracusa and then Graham. MCCALL:I guess, my question is just what are the ramifications if the zoning is, stays as a split zoning with RM-1 and RM-10. DARROW:Well,atthistime,ifthisportionhereweretobeRM-10andthisportion here were to remain RM-1, it would allow for a larger development to occur. They would have a unit for every 1,000 square feet or a condominium unit of 20 units, as well as whatever would be operating here at this point. And, again, the reason for the recommendation from the Director is to prevent, number one, split zoning because we€re trying to stay away from split zoning. And, number two, we don€t feel this, this particular location is located on a, next to a stream and it€s relatively steep. So the Planning Director doesn€t feel this is an appropriate area for an expanded use of this type. SPRINGER:Commissioner Siracusa. SIRACUSA:Relative to that, leads right into my question about the slope of the land relative to the stream. DARROW:They would have to meet requirements of the Building Department to be able to build the structure. But, at this point, it appears that with preliminary drawings they have been able to meet these requirements to be able to build these particular structures in these areas. SIRACUSA:That€s not my question, Jeff. I€m wondering does the land slope; and, if so, does it slope down towards the stream or in another direction? DARROW:This is a typographical map right here; and these lines here identify the slope. It is sloping towards the stream. The stream is located in this area here. I don€t know, I think the pictures have gotten passed around, and it kind of gives you an idea of what, certain areas are flattened out and others are steep. So I€m sure that the areas that would be allowed for development would be in those areas that are not so steep. YUEN:This might be a good time to mention something for the new Commissioners. We have a rezoning application here where the applicant has a really particular plan, a definite plan that they want to do that is actually, involves fewer units than is allowed by the present zoning, but it€s spread out over a larger area than the present zoning, which is why she is coming in for rezoning. However, when you rezone a property, unless you put special conditions on it, the applicant is not limited to the project that they come in with. To give you an example, commercial zoning, the applicant may come in with a plan to build a, they may present 3 a plan to build a retail store; but commercial zoning also allows residential building, multi-family buildings. So, for example, they could then, unless the conditions of zoning, unless they were changed to make it specifically that you have to build a certain type of building, then once you have your zoning, you can change your plan and do something else. So it€s always important when you€re presented with a proposal like this both, we as the staff, and the Commissioners, and the County Council have to recognize this and understand that not to just completely look at what is being presented specifically as the plans of the applicant but what can happen here. This is a, and I think that our write-up and what Jeff has done here explains this pretty well. She has a property that a portion of it is already zoned RM-1. That means that you can build one unit per 1,000 square feet, which works out to about 40 units an acre. It€s a pretty dense zoning that allows for apartment buildings to go up. About 20,000 square feet is RM-1 right now? DARROW:Correct. YUEN:All right. It has never been developed with an apartment building and it is averydifficultsitetoactualdevelopasanapartmentbuilding,bothbecauseoftheStreamgoing through it and the drop-off to the Stream, and also it really is a poor location. And I don€t know what was in someone€s mind when they zoned this in the first place; but it is a very sharp curve in Wainaku at this location. What we have, we support what the applicant is trying to do here and we would like to knock out the density of the area, or present zoning, but allow the rezoning of an adjacent area so that she has a bigger site that she can build on. And the end result of this if the rezoning goes through, and the subsequent from the RM-1 area to the RM-10 area goes through, is that there will be something like 4 or 5 units would be allowed on the property; and she can do the project that she€s planning to do. And somebody, if that project did not go through, then somebody could do a residential project in there, but with a much lower density than the current zoning. SPRINGER:Thank you, Mr. Yuen. Commissioner Siracusa. SIRACUSA:Yes. A question to Director Yuen. And is that why you put in the conditions about fair share, even though she€s only doing a bed and breakfast? YUEN:Well, I believe the fair share applies only to the new, let€s see, what did we say on fair share? SIRACUSA:I€m looking at the Commission€s conditions of approval -. YUEN:Right. That only applies to the area that would be rezoned, which there€d be two units possible in that; and then in the end there€d be two units possible. And the other portion of it which has no fair share, that€s old zoning, it€s not being, so there€s no fair share on that portion. SPRINGER:Other Commissioners, questions of the staff or Director? Thank you, Jeff. Will you be joined by anyone, Ms. Leaird? LEAIRD-OKURA:My husband is going to read, because I can€t read it, he€s going to read one paragraph that, when we come to it. 4 SPRINGER:Okay, thank you. Okay, will the applicant and anyone else who will be helping you please come forward at this time. At this time, I have, in addition to Ms.Leaird, Leland Okura has signed up to testify. OKURA:That is correct, Chairman Springer. SPRINGER:Thank you. If there is anybody else who would care to testify during the public testimony portion of this agenda item, can you please join with the applicant in raising your right hand. And do you swear or affirm to tell the truth on this matter now before the Hawaii County Planning Commission? LEAIRD-OKURA:Yes. OKURA:Ido. SPRINGER:Thankyou.Atthistime,couldyoupleasestateyournames,andyour residence addresses for the record, Ms. Leaird and Mr. Okura. OKURA:My name is Leland Okura. I reside in Kailua-Kona at 76-330 Olomea Place. I€m a local, I€m a Hilo-born boy. My family lives in Hilo. I will eventually be relocating back to Hilo once the bed and breakfast is built. SPRINGER:Thank you. Ms. Leaird? LEAIRD-OKURA:Hi, my name is Johanna Leaird Okura. I just got married, and this is my husband. And my address here in Hilo is PO Box 836, Hilo, Hawaii 96721; and I also reside at the same address in Kailua-Kona, until we€ll move back. SPRINGER:Thank you. Did you receive the Planning Department€s Background Report and Recommendation? LEAIRD-OKURA:Yes, Ma€am, we did. SPRINGER:Do you have any comments to make at this time? LEAIRD-OKURA:Yes, Ma€am. I would like to do that at this time. SPRINGER:Please proceed. LEAIRD-OKURA:I have a diagram that I€m going to hold up; and it has bright colors, so it might help explain even a little bit further than what Jeff has explained. Okay, first of all, I wanted to give a background about myself, just so you know who I am and my intentions. I am legally blind. I, for the last 20 years I€ve been trying to educate myself and go back to work. I graduated from the Culinary Institute of America as a pastry chef, Cornell University, in hotel management. My disability prevents me from being able to work; and when that happened, I sat down with my attorney and my CPA and we figured out the concept of 5 building a bed and breakfast where I would be able to volunteer when I feel good. Basically, I put everything I own into buying the property. I put it into a trust. So this is not a short-term thing, this is a long-term thing. And when I married Leland he also agreed that he is also being put into the trust where if something happens to this, to us, when we die, this project continues on. So it€s going to better the community, not only the community, the local people, but also tourists that come to visit here. Here is the property. When I bought this property, the day before I signed my papers I contacted Kamehamhea Schools because I realized that the property was not buildable, but I knew it had a vision. I also contacted the County inquiring if I could build a B&B, and they were very supportive, and up to this date they€ve worked steadily along with me. I also went through, I know I€m not going to have the correct name, Department in Honolulu to get this 80-degree mark for the water. DARROW:CommissionofWaterResourceManagement. LEAIRD-OKURA:CommissionofWaterResourceManagement,Ialreadywentthrough them and applied to make sure that I could build, and, basically, they told me that I could not build anything below the 80-degree mark. And I had to ask special permission to put the tea house because one of the legs, there€s a lump of ground that is above 80 and then it drops down and then back up. So we€ve already gotten written permission from them that we could built the structures and also permission to build a lava rock wall around the bulk of this land to help retain it so it would hold the hillside, with an engineer€s design. The tea house and bath house is here, and this is where the people of the bed and breakfast would be eating. And, also, if local people wanted to get married in our park setting we can conduct a small wedding where they could come and stay at the bed and breakfast as a guest and also have a wedding function. The parking was the biggest problem; and as Jeff was saying in our little lot parking basically rules, and that tells you what you can build. And the maximum parking spots we can get is 8, which means one parking, one has to be ADA because my whole facility is designed for the handicapped. So one parking for ADA, and two for the house, and one per, one out of the ADA is one per guest room. So, basically, I€m required to have seven parking stalls, and I was able to come up with eight. If you look here, you€re going to see a darker pink area. That€s going to be our residence, our private residence. And then further here, the other lighter pink area is going to be a 6-modular facility, basically five rooms. The fifth room would be for office, laundry and storage for linens. Right here is the new property line. There€s going to be a 10-foot landscaping buffer and then a 12-foot road for Bishop to use for their farming. Now if you notice here, below this 80-degree mark, which is basically the gulch, that is where Bishop Estate€s existing easement is. So they would have no access to their lot at all. It€s like an 85-foot drop. And so because Bishop was willing to come on board, the County was willing to come on board, this is a possible dual situation. We got your letter, it resulted in two things that were problem areas. One was the RM-1 to RM- 10. We sat down in a private meeting between the Planning and Engineering Departments 6 months ago and I agreed no problem, no contest, I am willing to go RM-1 to RM-10. However, I thought it was part of this process. I didn€t realize that it would be, this would end and then that would start up. And I bought my property over two years ago. We€ve been working on this. By February, this coming February, I have to start construction. My loan balloons. If we have to drag it out longer, it€s possible that I€m going to have to, you know, I€m going to have to be foreclosed, or something might go wrong. Time is of the essence. So we€re hoping that, I€m willing to abide by the condition RM-1 to RM-10, we€re hoping that maybe it will be done internally. I don€t know if that€s a possibility or not. There€s no contest to it. The second thing is the fair share. I basically am disabled. I live on social security. I have a very fixed income. I have put everything I own into the property to get this far. We€re nonprofit. I€m just learning how to do grants. We have no donations yet, as of yet. And basically we have no money to operate on. When I bought the property one of my intentions was I know that people are very concerned about change, you know, change in the neighborhood. AndsothefirstthingIdidisIwentinandIstaredlandscapingtotrytobeautifytheareasothat people would come on board, the neighborhood would be excited about what we were doing in their area. And I approached the Planning Department and the Engineering Department because we actually landscaped the County right-of-way and we had to get permission to do it, the plants, the grass, anything that we put in there; and all of it was hand-labor, very intensive. So far we€ve invested $8,000 in labor and materials. We€re still improving because we still have to do in front of Bishop all the way to the flume. I figure it€s going to run about $12,000. We also need to put an irrigation system in so that we can water the plants there so, I have no idea how much that€s going to cost. And, also, we have offered to maintain it for life. So, I mean, whatever you€re asking on our fair share, we have gone way above and beyond that. So we€re hoping that you€re not going to ask us to come up with more money for fair share. The other thing is in the fair share, I€d like my husband to read a paragraph to you. OKURA:Okay, In lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvement/facilities related to parks and recreation, fire, police, solid waste disposal facilities, and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director upon consultation with the appropriate agencies and approval of the County Council.‚ LEAIRD-OKURA:Thank you, Leland. Okay, one thing about the bed and breakfast, it€s not only a bed and breakfast but it€s an educational center where not only local people but tourists come. They€re going to be able to learn things such as farming, fishing, things that have to do with recreation. Also, when we landscape the lower part, it becomes a park setting. We would love to be able to offer tours like once or twice a week so people could come and enjoy the park setting, but keeping in mind that it is restricted to our parking situation. So, in essence, we are doing something that has to do with parks and recreation. We€re also going to be working in conjunction with the University of Hawaii. There are shrimp in the creek around our banyan tree; and we€d like to do something where maybe they can increase the farming of that, or they could do research, or something. And then also the people coming to visit would be able to learn another aspect. SPRINGER:Thank you, ma€am. I wonder -. 7 LEAIRD-OKURA:Thank you. SPRINGER:Mr. Director, if you could respond to the two concerns that the applicant raised regarding the fair share condition, and them being anot for profit organization, and the RM-1 and RM-10 issues. YUEN:Yes. The condition only requiresthat you submit the application for the rezone from RM-1 to RM-10for theremainder of the property within six months and does not delay the start of your project for the approval of that rezone. Am I mistaken? There€s nothing in there that ties them starting their project to the approval of the rezone of the remainder? DARROW:No. YUEN:Okay, so that€s not a problem. You can, if this change of zone goes through,youcanstartonyourproject.We€rejustexpectingthatyousubmittheapplicationfor the change of zone from RM-1 to RM-10 for the remainder of the property within six months; and then you have to, of course, follow through with that to the County Council to accept or deny that. Whether it€s accepted or denied, you can still build the project. LEAIRD-OKURA:Because I€ve already consented from RM-1 to RM-10 clause, that€s going to require another public hearing. Because we€re already here with a public hearing, would that be waived? I actually am all prepared. I have all five copies to apply for my RM-1 to RM-10 today. YUEN:I wish, this is actually an amendment to the Zoning Code that we probably should make, that you can rezone to a lower density through some expedited process, whether it€s from RM-1 to RM-10, or Ag-1 go Ag-20, or something like that. I mean, there should be no problem doing that. But as it stands, I don€t think there is a way to do it without going through the regular process and having a public hearing. LEAIRD-OKURA:Okay. Once it passes, the County Council, with flying colors, we€ll be glad to immediately apply the RM-1 to RM-10. YUEN:There shouldn€t be a problem with that condition. On the second, on the fair share, I think we did overlook something here, in that the remainder of the property would be a downzone. And it€s within the same TMK, right? The, it€s split zoned now, right? DARROW:Correct. YUEN:Okay. DARROW:They€re doing a consolidation/resubdivision that€s pending this action. YUEN:Yes. But they, what I would add to the -. Typically what we€ve done is we€ve deducted entitlements that they already have from the fair share. For example, if you have a, say you have RS-10 zoning with no fair share on it because it€s old zoning and they come in 8 forRS-10 zoning, we would only charge the fair share for half. Right? So what we would say is, we would add a clause here that says that if the RM-1, remaining RM-1 portion of the property is downzoned that the fair share on the property would be waived, because they would be cutting their number of units in the end. DARROW:On the, you€re speaking about the next change of zone. YUEN:Well, but this would apply to this change of zone. Because the fair share wouldn€t be owed until, I€m not sure for this project what would trigger the fair share, if it€s a final subdivision approval. DARROW:It€s my understanding that you€re taking a portion of a larger piece of property and changing the zone to RM-10 -. YUEN:Yes. DARROW:Foraportionofthat. YUEN:Right. DARROW:Thepropertyitselfisallowedoneunit,eventhoughit€salargeproperty. Now that we€re creating a new parcel, that€s allowing two additional units, that€s where we came up with the two additional units. YUEN:But they have, on this property, they have currently the potential for 20, right, under the current zoning? DARROW:The, let me refer to this one here. This particular portion here is RM-1, so this at this point has the potential of 20 to 25 units. This particular portion here is Ag-20, and this is the portion that would be triggering the fair share to RM-10 where we€re getting the two units. So I€m not sure if there€s something that happens once you consolidate these two that it would somehow waive the fair share. YUEN:Well, there€s only, first of all, with the RM-10 on the rezone property she would only get two, right? DARROW:Correct. YUEN:Then what I€m saying is that if she ends up downzoning the existing RM-1 portion she€s losing 18 units off of that. So we could -. DARROW:That would be a consideration. YUEN:We would just say we wash the fair share because she€s coming out with a net downzone on the property. So that would be my condition here, it would say that if the RM- 1 portion of the property is subsequently downzoned to a lower density that the fair share be waived on this zoned area. 9 DARROW:We would add this to Condition B? YUEN:Yes. DARROW:Okay. Thank you. LEAIRD-OKURA:Thank you. SPRINGER:Thank you all, Commissioners. YUEN:Well, not to B, that would be to, probably the end of L because that deals with the fair share. LEAIRD-OKURA:Chairman, I have two other questions, please, I€m hoping someone can answer.Wecouldnotunderstandthelastthingontherecommendation,theunifiedimpact, something or other. SPRINGER:Unified impact fees ordinance? OKURA:Right. LEAIRD-OKURA:Yes. We cannot figure out what that is, or possibly to prepare for even how much might be down the road. SPRINGER:Mr. Director? YUEN:That€s if the County adopts an overall impact fee ordinance that would substitute for the fair share, that then that ordinance would apply rather than the fair share. I wouldn€t worry about it because if you, again, if you downzone the remaining portion you€re going to get out of any impact fee or fair share requirement, because you€re having a net loss of units. LEAIRD-OKURA:Okay. One last question, it doesn€t have to do with this but somebody might know the answer. Sidewalks fall within the County right-of-way. Whose responsibility is it to repair, and somebody can address the answer to me later if nobody knows, whose responsibility is it to replace, repair or fix a sidewalk? SPRINGER:Thank you, Ma€am. Mr. Director? Should that question be taken up later or can we ask -? YUEN:Is there existing sidewalk there? LEAIRD-OKURA:There is no existing sidewalk in front of my property because it€s a steep curve, but there€s one on the other side; and all the way down Wainaku the sidewalks are very, in very bad shape. And I have fallen down, actually a couple of times; and I€m going to be catering to disabled people. And two years ago when I bought my property I was told that it was the County€s responsibility; but several months ago when the Lyman property sold, the owner was required to fix the sidewalk, and she was told it€s the owner€s responsibility. So I don€t, we can€t 10 find anything in black and white; and I€m hoping somebody within the Board might be able to get back with this at a later date regarding that. YUEN:Well, we€re not making you make a sidewalk in front of your property; and I€m quite sure that you€re not responsible to maintain any of the sidewalks that are not in front of your property. I€m not sure about the Lyman situation. Generally, it€s the County€s responsibility to maintain the sidewalks. I don€t what, if there€s some special thing that applied to that other property. LEAIRD-OKURA:Okay, thank you. SPRINGER:Mr. Okura? OKURA:I have a comment regarding that. I guess her concern here is that should shegetherfacilitybuilt,she€sgoingtobeaccommodatinghandicappedpeople,thenthey€re going to be walking in that area, and there€s a liability issue here. SPRINGER:So the question is about the existing -? OKURA:The conditions of the sidewalks in that area. SPRINGER:Condition of the sidewalks down, with what Department might you take this up, if not the Planning Department? YUEN:Well, the maintenance is with the Department of Public Works. LEAIRD-OKURA:Thank you. SPRINGER:Commissioner Siracusa. SIRACUSA:Yeah, I just wanted to mention that I know of several cases, certainly in Pahoa, where the sidewalks are part of the, are owned by the property owners and not by the County; and, therefore, it€s the property owners who have the responsibility for maintaining them. But I think that€s a pretty rare situation; and I don€t know, possibly that might be the reason for the Lyman ruling on the sidewalk. But you€d have to ask them about that. SPRINGER:Dos that satisfy your question -? LEAIRD-OKURA:Yes, yes, Ma€am. OKURA:Thank you, thank you, Chairman. SPRINGER:And you can take it up with Department of Public Works. Commissioners, any further questions for the applicants? Seeing none, is there anyone from the public who wishes to testify on this matter. Sir, you had raised your hand to be sworn in. If you€d like to come forward, please join us at the table. And you€ve already been sworn in, so can you just give us your name and your residence address, and proceed with your testimony. 11 ENOCENCIO:Aloha. My name is James Enocencio. I live 2319 Kilauea Avenue, but I€m representing my dad, Jimmy Enocenco. He€s supposed to be here today, he€s in Oahu, sorry for that. His address is 152 Aikane Loop, up in Wainaku area. The business that we have is Kalalau Ranch and Victory Gardens; and we€re like right next door neighbors to Johanna. And we support the cause that she€s doing, being that my dad is disabled veteran also; and we do need more that kind of support in the community, to support people with disabilities; and also to boost up the economy and the tourism growth here going on. Right now we€re raising we have cattle, we have 89 acres through Kamehameha Schools. And Mr. Rosehill, Bob Rosehill, is in full support with the farmers up there. And Johanna has helped us to be able to work Kamehameha Schools so that we€re able to have access through there. It was a problem for us at the beginning to have access through, like I think about 4 miles up on the top of the mountain. We€d have to go to the top of Kawiki and come down; and that would be a lot of stress on our 4-wheel drive vehicles and with the produce. Because of her good heart, she hasworkedoutadeal.Andwe€reinfullsupport. Wehavecattle,wehaveahorse,steer,ourplansistoraisechickens,youknow,poultry,and stuff like that. We€re working on fencing the area so that, you know, liability and all that, and nothing comes down to the road area, and down to Mrs. Leaird-Okura€s area. We also are raising fish, livestock; and I€m the main one that does the agriculture growing taro, vegetable crops, eggplants, string beans, and that kind of stuff. And at the beginning it was kind of tough, when we first met each other and then, you know, coming into, you know, when you get new neighbor come in and then you always get problems. But we€ve come to the point where we€ve worked it out; and we support each other€s business. And we€re in full support now for her cause and Mr. Okura€s. And, I guess, that€s about it. And if you guys find it in your heart to make this thing go through and every, you know, it€s for the better of the community and the people here on the islands. And there€s also, she even talked about education for the people here; and I€ve worked, I don€t know if you guys know of, up at Hilo High School they have that project that they had years ago, Malama Aina with a Mr. Jimmy Naeole. I was the work supervisor up there for couple of years; and I also had jobs working as a therapeutic aid for foster children for Hawaii Behavior Health; and I€ve brought a lot of these youth, disadvantage youth, and at-risk youth, to the farm. And it has blessed their lives and made changes to do better. And I noticed that if we work together, everything is going to fall in place. So I€m, it€s gung ho, I mean, we can€t wait for it to happen. And with your guys support, it€s going to happen. And thank you for everything and God bless. SPRINGER:Thank you, Mr. Enocencio, and for bringing your father€s testimony to us. Before you go, are there any questions of the -? ENOCENCIO:Oh, sorry. SPRINGER:Commissioners, to the testifier? Commissioner McCall. 12 MCCALL:Yeah, could you tell me how many, I guess, you are leasing from Kam Schools on the parcel up there -. ENOCENCIO:It€s on 89 acres. But maybe about 20 acres, sir, is usable land right now, the rest is all like ingulch areas like that. But we are, I had my friend come in and clear the perimeter areas and which we are fencing off with hog wire so that none of the animals do get out onto the roads and - you know, cause it€s going to cause problems, we don€t want that - and plus with her area, too. And we already talked about the smell also. I mean, you know there€s going to be livestock. But my dad told me something about a buffer zone so she€s going to landscape and all that, we€re going to help her. And on that area, when the mountain winds come down at night usually, that area of landscaping will keep everything out. So -. MCCALL:Are there other farmers that you know of that are leasing from Kam Schools that will benefit from this improved access or -? ENOCENCIO:Oh -. MCCALL:Do you know about how many or -? ENOCENCIO:Oh, just the road, just the road alone having our access through the bottom,it€slikethebiggestbenefitoftheall.Theyalreadyhavemarketsontheirproducts.But I think, well, me and my dad talked about it and Ms. Leaird-Okura, is that a lot of people with disability will, they€ll be able to come on our farm area and have tours and be able to enjoy it; and the people that comes to her place of business, you know, that they€ll be able to -. MCCALL:Do you know about how many farmers up there are -? ENOCENCIO:Farmers out there? MCCALL:Are up there that would be able -? ENOCENCIO:Right now -. MCCALL:To use this access? ENOCENCIO:Oh, this, maybe about, I think about seven that I know of. Cause I€ve been gone, I was away in the military for a couple of months, so I just came back. So I don€t know who€s really -. Like right now, currently I know the guys that when I left that are still up there. MCCALL:Okay, that€s fine. Thank you. ENOCENCIO:Thank you. SPRINGER:Thank you, Commissioners. Any further questions of the testifier? Thank you again, Mr. Enocencio. ENOCENCIO:Thank you. 13 SPRINGER:Is there any further discussion? Any questions of the applicant, or the staff, or the Planning Director on this agenda item? We€re ready for a motion then. DARROW:Madam Chair, if I could just try to bring forth an added Condition for L. SPRINGER:Okay. DARROW:If this would be appropriate, If the remainder of TMK: 2-6-008:022 that is currently zoned RM-1 is rezoned to RM-10, fair share requirements will be waived.‚ And this would be added to Condition L. Does that sound okay? YUEN:Very good. SPRINGER:AndthisisforREZ04-027,correct? DARROW:Correct. SPRINGER:Thankyou.Commissioners,wehaveagendaitem-. SALAVEA:MadamChair? SPRINGER:Yes, SALAVEA:Just to clarify, Jeff, is that added to Item M or Item L? DARROW:Condition L. SPRINGER:We€ll be taking the items separately, so we€ll have two motions. The applicant for both is Johanna Leaird and Kamehameha Schools. Let€s take up first SLU 04-012, State Land Use Boundary Amendment for 1,771 square feet from the Urban to the Agricultural District and 20,084 square feet from the Agricultural to the Urban District. Is there a motion? ALAMEDA:Okay, I€ll make a motion. SPRINGER:Commissioner Alameda. ALAMEDA:Madam Chair, I move that Hawaii Planning Commission, with regard to the first part of this application, State Land Use Boundary Amendment for 1,771 square feet from the Urban to the Agricultural District and 20,084 square feet from the Agricultural to the Urban District (SLU 04-012) be approved. SPRINGER:We€re making a favorable recommendation? ALAMENDA:A favorable recommendation, correct. MCCALL:Second. 14 SPRINGER:Thank you. Moved by Commissioner Alameda and seconded by Commissioner McCall that a favorable recommendation for the State Land Use Boundary Amendment request be forwarded to the County Council. Is there any discussion? Seeing none, Jeff, we€re ready for the roll call on this item. DARROW:Thank you, Madam Chair. Commissioner Alameda? ALAMEDA:Aye. DARROW:Commissioner McCall? MCCALL:Aye. DARROW:Commissioner Graham? GRAHAM:Aye. DARROW:Commissioner Iwashita? IWASHITA:Aye. DARROW:Commissioner Salavea? SALAVEA:Aye. DARROW:Commissioner Siracusa? SIRACUSA:Aye. DARROW:Commissioner Watanabe? WATANABE:Aye. DARROW:And Madam Chair? SPRINGER:Yes. DARROW:The motion passes eight to zero. SPRINGER:Thank you. We now come to the change of zone for 1,771 square feet from a Multiple-Family Residential 1,000-square foot (RM-1) to an Agricultural 20-acre (A-20a) district and 20,084 square feet from an A-20a to a RM-1 district. And this is, again, the recommendation will be that a favorable recommendation be forwarded to the County Council. ALAMEDA:Okay. SPRINGER:Commissioner Alameda. 15 WATANABE:Is it, it€s RM-10, right? SPRINGER:Did I misread it? WATANABE:We€re down sizing from RM-1 to RM-10, am I not right? YUEN:Yes. The application came in as an RM-1,but our recommendation should be to RM-10. SPRINGER:Thank you. ALAMEDA: So just to clarify our recommendation is to, I mean, let me just go ahead and make a motion, and you guys can correct me if I€m wrong. I€d like to make amotion with regard to Johanna Leaird and Kamehameha Schools, the rezoning part of it (REZ 04-027), that wemakeafavorablerecommendationtotheCountyCouncilforapprovalwiththeconditions within the report -. SPRINGER:And the new Condition L? ALAMEDA:And the new Condition L. MCCALL:Second. SPRINGER:Thank you. We have a motion by Commissioner Alameda seconded by Commissioner McCall on REZ 04-027, that a favorable recommendation be forwarded to the County Council, including a new Condition L. Is there any discussion on this matter? Commissioner Siracusa. SIRACUSA:Should we specify for the record that the Condition L would be as stated by staff, by Jeff Darrow, relating to the fair share being waived if there is a downzoning? SPRINGER:Thank you. The record will reflect that. ALAMEDA:Okay. Should I state it again? SPRINGER:I think we€re okay. ALAMEDA:We€re fine, okay. SPRINGER:Thank you. Mr. Darrow, ready for the vote if there is no further discussion. DARROW:Thank you, Madam Chair. SPRINGER:You€re welcome. DARROW:Commissioner Alameda? 16 ALAMEDA:Aye. DARROW:Commissioner McCall? MCCALL:Aye. DARROW:Commissioner Graham? GRAHAM:Aye. DARROW:Commissioner Iwashita? IWASHITA:Aye. DARROW:CommissionerSalavea? SALAVEA:Aye. DARROW:CommissionerSiracusa? SIRACUSA:Aye. DARROW:Commissioner Watanabe? WATANABE:Aye. DARROW:And Madam Chair? SPRINGER:Yes. DARROW:The motion passes with amendments eight to zero. LEAIRD-OKURA:Thank you everyone very much. SPRINGER:You€re welcome. Thank you; and you€ll be informed in writing of our decision today. Thank you. The discussion ended at 11:48 a.m. Respectfully submitted, Sharon M. Nomura East Hawaii Secretary 17