Loading...
HomeMy WebLinkAbout2010-04-01 TWAILANI WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT APRIL 1, 2010 WAILANI DEVELOPMENT LLC A regularly advertised hearing on the application of (REZ 10-117) was called to order at 10:14 a.m. in the County of Hawaii, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai‘i, with Chairman Rell Woodward presiding. COMMISSIONERS PRESENT: Rell Woodward, Dean Au, Takashi Domingo, Zendo Kern, and Wallace Ishibashi. STAFF PRESENT: Brandon Gonzalez (Deputy Corporation Counsel), BJ Leithead Todd (Planning Director), Daryn Arai (Planning Program Manager), Norman Hayashi, (Planning Program Manager), Phyllis Fujimoto (Staff Planner), Jeff Darrow (Staff Planner), and Maija Cottle (Staff Planner) And approximately 32 people from the public in attendance. APPLICANT: WAILANI DEVELOPMENT LLC (REZ 10-117) a. Change of Zone from a Project District referred to as University Terrace to a Project District referred to as Wailani for approximately 171.5 acres of land. b. Repeal of Ordinance No. 04 144 which approved Project District (University Terrace) subject to adoption of item 5a above. The property is located along the mauka side of Komohana Street and bordered by Mohouli Street extension to the southwest, Ponahawai, South Hilo, Hawaii, TMK: 2-3-44:19; 2-3-49:53 and 2-3-37:1. WOODWARD: Agenda Item No. 5, Applicant: Wailani Development LLC is requesting a Change of Zone from a Project District referred to as University Terrace to a Project District referred to as Wailani for 171.5 acres of land in South Hilo, as well as repeal of Ordinance No. 04 144 which originally established the University Terrace Project District. Maija. COTTLE: Thank you, Mr. Chairman. The subject property is located in the South Hilo District. The project district request area actually consists of three properties. They’re shown here in the light gray color. You can see one lot at the top of what’s Ponahawai Street running in the mauka-makai direction. You have Komohana Street running in a north-south direction, as well as the Mohouli Extension that runs up to Waianuenue and Kaumana Drive, which is on the left side of the slide. The third, let’s see, you have one lot here at the top of Ponahawai Street, one small lot over on this side and then the third lot is the remaining area. The site is currently zoned Project District. Its project district zoning is known as the University Terrace Development. And you can see the surrounding areas are mainly residential in character. There are 7500-square foot to 10,000-square foot lots in this area here which consists of the Crescent City Heights Subdivision and Kaumana Gardens Subdivision. Over here you have the Sunrise Ridge Subdivision; and you have some Agricultural land on the mauka side of Mohouli Extension, which is not currently developed yet. There’s a State-owned lot in this general area that’s zoned Agricultural. And then most of the properties on the makai side of Komohana Street which are shown here in pink are zoned Commercial. The Planning Commission has also seen a few applications recently on the makai side of Komohana Street in this general area here. That was the Sugai, Dolan and Silva applications. 1 EXHIBIT C This is an aerial photo of the site. You can see that the properties are undeveloped. You’ll also get an idea of the other vacant areas in the mauka direction and to the south, and then the existing subdivisions. The applicant is requesting a Project District consisting of approximately 518 residential units, which will include about 333 senior housing units, 90 multiple family town house units, and 95 single family residential lots. They’re also proposing 180,000 square feet of a medical office campus, 200,000 square feet of a commercial center, and a 100,000-square foot business park, as well as approximately 26 acres of active and passive recreational and open space areas. They’re also proposing infrastructure improvements which would include the extension of Ponahawai Street from Komohana Street up to the Mohouli Street Extension, and that extension improvement you can see here. This is Komohana Street on the right side of the slide. The extension would run through the project site and connect up to Mohouli Avenue. This slide shows the first phase of the proposed development. You can see the medical office campus that’s shown in blue and it’s located mauka of Komohana Street, across from the Puuhonu Medical facilities that are on the makai side of Komohana Street. Also, the commercial center, they’re proposing to develop 100,000 square feet of the commercial center in the first phase, as well as preserve the Puuhonu Cinder Cone as a passive open recreational area and a park, an active park facility in this area. The second phase of development would build on that. It would include 80,000 square feet of the medical office campus which would complete that development. And then another 100,000 square feet of commercial development which would complete the commercial center, as well as the 333 or so elderly housing units. The town house units are shown here in orange and would get access off of a cul-de-sac from Mohouli Avenue. And then the third phase of development would, again, build on the other two and include single family residential lots on the north side of the project on the Mohouli Avenue end, as well as the business park that’s shown here along the Alenaio Drainage Channel; and that’s shown in red, and then some large lot residential development south of the cul-de-sac off Mohouli Avenue. The Department is recommending that the Commission send a favorable recommendation to the County Council for this application. WOODWARD: Thank you, Maija. Do we have any questions from Commissioners for the staff? Commissioner Domingo. DOMINGO: I see that this particular application would replace that of the University Terrace. COTTLE: That’s correct. DOMINGO: Are the proposed, are the owners and the proposed developers the same people that we’re looking at? COTTLE: No. The ownership has changed. The previous University Terrace Project District was applied for by Western United; and they, I believe that company went bankrupt. And the new owners took ownership of the property a few years ago. DOMINGO: I see. One of my concerns in the past is when individuals or developers obtain the necessary permits for development, and then after a short while without even meeting the conditions of approval they would spin out the property and take advantage of that and reap, you know, financial benefits. And I’m concerned that if people do that from time to time then that drives up the cost of property without anything being built upon. And that impacts on 2 EXHIBIT C surrounding property owners, thereby reflecting upon their own property an increase of property taxes because of the surrounding properties being, property values being increased because of speculation. But in this case I don’t think this would be the case with that, in view of the fact that you mentioned the, they had to go through bankruptcy. And now, you know, my curiosity at this time is are we looking at out-of-state owners again, are we dealing with them, and are we dealing with those people, owners from the out-of-state or investors throughout wherever? COTTLE: The applicant could probably -. DOMINGO: Okay. COTTLE: Give a little bit more information about the background of the owners, but I believe that they are local owners. DOMINGO: Okay. Could you give me a history or explanation of a project district. COTTLE: Sure. The project district zoning is designed to allow for a flexible development within a large area of land. It’s, you can have different land uses, different land uses located in different portions of the project.But it allows you to kind of conceptually plan the project at first and further define the location of those specific uses later as plans are more refined. DOMINGO: So then what you’re saying is that from time to time the developer needs to discuss with the Planning Department as to what future steps would be taken during the course of development as far as -? I’m concerned about drainage and traffic, you know, because we’re looking at the initial structures to be built would eventually generate a lot of traffic. And without any improvements to the existing infrastructure then that would cause, you know, some problems. So I’m just wondering how would that kind of situation be addressed? COTTLE: Sure. Should the request be approved by the County Council, we’ve included a condition that requires the applicant provide a master plan within two years of the effective date of the ordinance. So as their plans become more refined and they know more specifically the phasing that they want to develop and which uses they want to develop first, that will be shown on the master plan. The master plan will be reviewed and approved by the Planning Director, I’m sure in consultation with other Departments, like Public Works and Water Supply. And then once that plan is approved, the developer would be able to come with more specific site plans right before they come in to develop. And -. DOMINGO: And that would be the same case with drainage studies? COTTLE: Yes. DOMINGO: And I’m concerned about Alenaio, Stream which then comes down back here, and its impact on the surrounding areas. COTTLE: Yes, we, the way we wrote a few of the conditions was to require additional traffic studies or drainage studies at each phase of development, and that any improvements required as a result of those studies be built concurrently with that development. DOMINGO: I appreciate your comments. And it’s only because, you know, I just received this the early part of this week and I was wondering what was sent to me. I thought it was from somebody, a friend of mine from the mainland sending me a gift or something. But, you know, I received this and I looked at that and said, wow. Then I went to look at the agenda and it’s scheduled to be heard today. So that’s why I’m asking so many questions, Maija. 3 EXHIBIT C COTTLE: Sure, I understand. DOMINGO: Thank you very much. WOODWARD: Okay. Any other questions for staff? And, Commissioner Domingo, on the recommendation, Exhibit 3, there’s a thing about Project District. DOMINGO: Yes, I’ve seen that. And I thought, you know, not that I wanted to hear it from the Planning Staff, but I think the public should know also what’s going to take place. Yeah? WOODWARD: Exactly. DOMINGO: Okay, thanks. WOODWARD: All right, thank you. If we could get the applicant and/or -? AU: Commissioner, I have a question -. WOODWARD: Yes, Commissioner Au. AU: For staff. I’m just curious what’s the proposed estimated cost for this project? COTTLE: The applicant did not provide an estimated cost, but you can ask him that question. WOODWARD: Okay, if we can get the applicant or representative to come to the table and we’ll swear you in. And Mr. Fuke, they’re going to let you work the machine, huh? FUKE: No, I’ve got a very capable assistant. WOODWARD: Okay, all right. Okay, if I can get you both to raise your right hand. Do you swear or affirm to tell the truth today before the Windward Planning Commission? FUKE: I do. MATSUURA: I do. WOODWARD: Okay, and whoever would like to start if you’ll give us your name and address and then begin your testimony. FUKE: Sure. Thank you very much, Mr. Chairman and Members of the Commission. My name is Sidney Fuke. I am a planning consultant that has been retained to assist the applicant in the processing of this particular application. My business address is 100 Pauahi, Suite 212, Hilo, Hawaii. MATSUURA: And I’m Wendy Matsuura; and my husband is Peter Matsuura; and we are part of Wailani Development; and the other owners are here. There’s Steven and Luanne Matsuura, Andy and Sonya Matsuura; and in behalf of Takeo Fujimoto Trust there’s Robert Fujimoto and Mike Fujimoto and Jason Fujimoto. So we are local residents and we are really happy to have Mr. Fuke’s assistance in preparing these documents for your review. And this is a project that Peter, my husband -- and he’s not able to be here, he is in his third month of deployment -- but this is really his dream of following in the footsteps of his parents, Richard and Ruth Matsuura, and continuing what their father started in building a medical clinic at Ka Waena Lapa‘au where 4 EXHIBIT C we currently have a practice. And it is the vision of a medical clinic. That is his primary vision. But in meeting the needs of the community, there is a lot of land -- so Sidney will present the rest of it. Thank you. FUKE: Thank you very much. WOODWARD: Do we have any questions for Ms. Matsuura? Okay, Sidney. FUKE: Okay, thank you very much. I think that Commissioner Domingo had raised some very interesting and important questions that we’d like to address later on during the course of the presentation. As Wendy had indicated, well, first of all, we’d like to acknowledge the presence of one of visionaries of this application; and that’s Dr. Peter Matsuura, Wendy’s husband, who is doing his duty again in Iraq, you know, his third tour. Before going on, however, like we apologize for the untimeliness, perhaps, of your and the rest of the Commissioners receiving this very voluminous gift, you know, from the Planning Department. But we appreciate the cooperation and the professional way that the application has been handled by the Planning Department. I reviewed the background report and the recommendation and I thought it was done very, very professionally. We do have some recommended changes to some of the conditions which after the presentation I’d like to share and discuss it with both the Planning Department as well as the Planning Commissioners. If Dr. Matsuura were here, as Wendy had indicated, he probably would have expressed his vision much more eloquently than Wendy and I combined could have done it. But perhaps like, you know, Dr. Matsuura like maybe in part because of his profession as a doctor, in part as a humanitarian, and in part because of his upbringing, in part as a member of this Hilo community, he felt compelled, I guess, at certain point in time to address the community needs, particularly in the health care end. Maybe it was from his office everyday at Ka Waena Lapa‘au looking across the street, or daily like as he goes up back and forth to the Hilo Medical Center, there’s this large track of land that just sits vacant and he’s kind of wondering like what do you do with that kind of parcel, you know, and particularly since you have lot of the surrounding area, lot of medically- related uses, whether it’s the Ka Waena Lapa‘au complex or all of the medically- related facilities on the makai side of Puuhonu Street. So this is a natural area, it’s very close to the hospital, it’s close to evolving medically-related facilities, it has good roadway systems in that area. So then the question becomes how do you get 10 or 15 acres, you know, like directly across Ka Waena Lapa‘au, and all that stuff, to do or to fulfill his dream? It’s kind of hard because this is all part of a 171-acre area that was previously tagged as University Terrace. And so the only way you can get it is you’ve got to get the whole property. And so, you know, here you have like basically a physician and he’s not a developer, he’s a physician, he’s driven by the desire to do something for the community, like a medical campus, he now must try to find the means to acquire the land, secure the required entitlements, the funding, and then ultimately develop the project. For any seasoned developer, this would have been a very, very tough and monumental task. And it’s almost like a, it’s for a nondeveloper anyway, you know, it would be almost like David and Goliath. But ironically, you know, Peter does have a brother named David, but this is really like Peter versus Goliath, I mean, you know-. And so what Dr. Matsuura or Peter did was that he then formed a hui. As like Wendy had explained, all family members, you know, just trying to see like, get together and let’s collectively do something for the community. And so to answer your question, Commissioner Domingo, in March of 2009 they acquired the property. And then they retained a bunch of local professionals. Scott Fleming is here with Fleming and Associates. He was primarily responsible for doing the overall concept master plan. He retained Engineering Partners to help with the engineering component. I was retained. And 5 EXHIBIT C then, but he didn’t just think about his plan and have Scott prepare the plan. Like he felt it was really important to engage the community in the planning process. And I think that’s really, really elementary. And I give him really full credit to that. So he had like a number of meetings with the community, the people from the Sunrise Ridge Estates area, and people from the adjoining subdivisions to the North, because they were all sensitized to the kinds of issues that were raised by the community when the initial University Terrace project came along. So he wanted to address those kinds of concerns. And then ultimately with some revisions then what you see up there is a result of, you know, the months of meetings with the community and reflective of his vision. What he ultimately has developed is what is called like, you know, he calls it Wailani, that’s the name of the LLC. But Wailani is like, has like two major overlapping themes. One is like, is to create like a pedestrian friendly walkable type of community, you know, complete with different types of residential products, single family, multiple family, town houses, senior citizen area, you know, so on and so forth . You have a recreational area and you also have supportive commercial office and commercial retail kind of activities. Some have called this type like the new urbanism or sustainable type of community. But, you know, that’s kind of like the buzz word. But essentially that is the vision. The other kind of like major theme that went through it all is that, you know, he wanted to provide and address the health care needs; and that is, as Wendy had indicated, the primary focus. The project is called Wailani. And in preparing for today’s presentation I was looking at the dictionaries, I have like Mary Pukui and Samuel Liebert; and, of course, you have your resident Hawaiiana expert in Bobby Jean over here. But, you know, Wailani according to that definition is rainwater, especially as used for medicine and purification; and so appropriate, you know, because that is the focus. So the components as was explained briefly, you know, by the staff is that, you know, you have a medical campus, it’s about 180,000 square feet. And the structures -. Can you go to the slide -? What Scott did was -. You’ve got to go forward. MATSUURA: Forward, right? FUKE: Yeah, forward. Yeah, so that is kind of like, you know, a prototype of what’s kind of envisioned, like two-story kind of structure, little bit more in keeping with the natural environment. The access would come off of Puuhonu Place. Tentatively right now what is envisioned is like a right-turn in and right-turn out; and if and when there is a need for a full movement intersection, at that point in time, then the idea is that the developer, you know, would be responsible for fully signalizing that particular intersection because you already have an intersection on the makai side of the highway. This is, probably would be the first component that would be developed. In addition to that, there would be this commercial office retail area. And, again, like he’s looking at a little bit more like a village-type and not a typical mall-type of activity. He has already had some discussions with a super market chain that is very interested in doing something in that area. And I live, and a number of the members of the hui also live in the Kaumana area. And if you live in that area you know that it’s kind of like somewhat under- served when it comes to a super market or grocery kind of facilities. And so like having a supermarket in this particular area would really be not only a welcome addition to the broader community but certainly within the project itself. The other thing that Dr. Matsuura made very painfully clear to the community and, you know, in response to also the concerns raised by the community earlier was that this is not a site for big boxes. And so one of the conditions that your staff has recommended reflects the condition that’s clearly, essentially because by square footage, prohibits really the construction or the introduction of big boxes like a Costco, or Walmart, or something like that. The other vision that Dr. Matsuura had was to set aside an area for a high-tech park. And the reason why he had come 6 EXHIBIT C across with this notion of a high-tech park, office space and things like that is that, given the area’s proximity to what has been going on now at the summit of Mauna Kea, given also the future growth of the University of Hawaii. Sure the University of Hawaii has set aside a lot of land for expansion for commercial office and all that, but they’re all publicly owned facilities, owned properties rather. So he wanted to create an option where private developers could have privately owned parcels that can be developed and utilized to be complementary or supportive of University activities. The other thing that was also very dear to him was what he called as kupuna kumiai. It’s an area set aside for the senior citizens. And he was thinking about possibly up to a 333-unit type of facility that would be oriented to the senior citizens, whether it would be a skilled nursing facility or a combination of skilled nursing, assisted, independent; but cumulatively it would be about 333. If you look at the sketch over there, it’s kind of like, it’s like a throwback to, if you grew up in the plantation era, it’s kind of like a throwback to the plantation era where you have people congregating on the porches, you know, of the structures rather than -. You know, like today right now people don’t have porches in their front. You always have your patio in the back, and it’s a different kind of mindset.But the whole idea is to create porches, you know, so that you would have more interaction between residents within that area. To also help support the project, the development feasibility of the project, he has set aside a residential area, both for single family as well as town houses. Recognizing the concern that Sunrise Ridge Subdivision residents have raised, the area that would be adjacent to that existing subdivision, Sunrise Ridge Subdivision I believe is like 10,000 to 15,000 square feet in size. And so what’s being proposed for that particular area will be lot sizes that would at least average about half acre in size. Adjacent to that and closer towards the river would be town houses; and the reason why a different scheme of town houses was selected is that you’d be able to kind of have development that can take advantage of the streams, the vegetation in that area, without totally denuding the property. The master plan also calls for the preservation of Puuhonu, which is about a7 ½ acre area, which would be set aside as a passive park. There would also be areas for active and passive recreational facilities. I want to also talk a little bit about the traffic circulation. Can you go on, you know, the rendering. MATSUURA: Oh, where is it? After -? FUKE: No, no, this is the one. Again, this is a rendering -. Like based on what has happened with the University Terrace project and also in discussions with the community, again, what was made painfully clear to all of us is that they did not want to have connections at all, you know, between adjoining existing subdivisions with the project. And from the project’s standpoint, it’s not like we need that for connection because you’re going to have this newly constructed Ponahawai Street Extension, so we don’t really need that. But, nevertheless, in the interest of overall circulation and all that stuff, the plan was designed to provide a roadway leading up to one of the major streets in that area; and that would be Wiliwili Street. But between Wiliwili Street and the Project area, what would be installed would be what’s called like bollards, and you can kind of see that. Can you point that out? MATSUURA: Okay. FUKE: So that would be kind of like a physical barrier. So in the event there is a need for emergency on either, both sides, then those bollards can be quickly removed and then you can 7 EXHIBIT C get freedom of movement. The idea is like we want to protect the surrounding or existing neighborhood’s concerns about not having additional traffic come in. But at some point in time in the future, you know, who knows, they might like see like, you know, I can just get across there but I can’t because of this bollard. So there might come a time in the future where if the residents desire to have those bollards removed and have it served as an unrestricted access between those two areas, then you would have the infrastructure capable of accommodating that need. I think the question was asked in terms of the estimated value. The estimated value of the project right now in today’s dollars probably, upon full buildout, would be about like $300,000,000. Now obviously it’s too much for any single developer, let alone a local hui whose primary interest is more on the medical component. So what they intend to do is to, you know, it’s a 171-acre site, they would like to, they have intentions to invite other developers to develop different components of the project pursuant to an overall master plan. It’s kind of like no different than a lot of the major developers like on the South Kohala coast, whether it’s Hualalai, Kaupulehu Development, or Mauna Lani, for example, where you have a major master plan prepared and then certain areas are then sold off to different developers for actual developments. So that’s the concept they have to kind of help underwrite the heavy on- and off-site infrastructure approach. They hope to complete the initial phase, which is largely the medical component, within five years after approval of the, if they get successful approval of the zone change. Total build-out is anticipated to be 15 to 20 years. There are some conditions which I think the staff may have passed out to you that we would like to discuss with the Commissioners and the Planning Director and, you know, request your considerations for. It’s like a white sheet with a 3-hole punch in it. Okay, if you make reference, you know, if you refer to the water master plan, what, maybe I should just kind of back up. There are like a number of conditions. And, again, partially to answer the question raised by Commissioner Domingo earlier, are there conditions that address floodway, drainage, are there conditions that address traffic improvements? The unequivocable answer to those questions is that, yes, you know, there are specific conditions that the developer is obligated to fulfill. But one of the things, and some of the triggers behind that, you know, there was just a generic trigger that says that, you know, when you come in for a subdivision, for example, then certain things get triggered. So what we wanted to make clear by some of these amendments is that when you go in for like a bulk lot subdivision, you know, as I mentioned earlier they may want to create like a 10- or 15-acre lot. Maybe for the medical component, they want to be able to subdivide that portion and then be able to finance, you know, that portion or sell it to someone else who would actually then develop that respective parcel. What we’re suggesting here is that when that happens that certain requirements do not necessarily trigger. However, when that particular parcel is then further developed, before it actually gets developed then the requirements to address the water, you know, drainage, traffic, so on and so forth come in. We’ve tried to make the separation between a bulk lot subdivision versus like a regular. Because if you’re going to subdivide this 171 acres maybe into two or three lots and then you get all of these things triggering when it’s really not set yet, then, you know, it becomes, you’re going to have to repeat that exercise when that person actually does the development. So we wanted to kind of make that separation. So Condition A, excuse me, the amendments, the proposed amendments to Condition J relating to water master plan basically makes that recognition. It doesn’t dismiss the applicant’s obligation to come up with a water master plan. It just kind of pushes down when it’s more realistic. Condition S relates to an emergency vehicle access. Now this is something that I guess the Planning Director really would have to weigh in on. You know, we have no objection to the 8 EXHIBIT C existing language as it’s currently written. And basically what it says is that, you know, Wiliwili Street, for example, shall be reserved, you know, like only for emergency access . What we’re suggesting here is that if the neighborhood at some point in time determines that there really is a need for like, you know, to remove the bollards permanently, you know, then this condition, the proposed language would enable the Planning Director after discussing it with the community to kind of lift that condition without formally having to go and amend this particular condition. That’s all we’re saying, just giving the Director or the administration the opportunity to lift it, if the community so desires that that restriction be lifted. On Condition U relating to the updated TIAR, again, we did submit a traffic impact analysis report; and we agree with the staff’s recommendation that, you know, because the development kind of stretches into “x” number of years that it may not be realistic, so you may need to have the traffic studies periodically updated so that you know exactly when certain requirements get triggered. All we’re saying here is that when the updated traffic study is done or when it’s required, we would want to have it required at the time of plan approval or at the time the subdivision application for a development is submitted, not when you’re ready to get your certificate of occupancy permit or when you’re ready to get final subdivision approval, because that’s kind of too late. You know, we want that requirement to be articulated way up front so that whatever costs that’s associated with doing the development can all be wrapped up into the infrastructure cost itself. That’s all Condition U is stating. It’s not stating that, you know, they’re going to be running away from that, escaping from any responsibility. We just want the requirements to be articulated much earlier than later. Condition W, again, it’s pretty much the same thing. All we’re just saying is that, you know, in terms of not having it applied to a bulk lot subdivision. And, you know, if you noticed like the last sentence of Condition W it says that the applicant shall maintain the two major floodways free of debris, obstruction, etc., etc. What we’re saying is that, we’re trying to be more proactive and try to think from the County’s perspective because, you know, 20 years down the line, you know, applicant, which is Wailani, may no longer be here and then you’re going to have all these different entities that’s, you know, a shopping center here, medical facility here, then the question becomes who then should become responsible for maintaining all of that. So all we’re saying is that let the applicant provide a program of maintenance of this area and let it be approved by Public Works, and let that dictate what and when and who should make all these maintenance responsibilities for the stream beds. Condition Y relative to the FIRM and FEMA, again, you know, this relates to the bulk lot subdivision. Likewise with Condition DD. Condition HH is purely an editorial changing from be to me, I mean me to be. And, finally, on Condition K which is kind of a like a substantive proposal, or at least like a substantive amendment, it relates to the fair share. All we’re stating here is to make clear that since the developer is absorbing the responsibility of constructing this Ponahawai Street Extension which has regional benefits, and if they’re going to be providing a park that’s eventually going to be dedicated to the County, and if the County accepts it, then to please enable the developer appropriate fair share credit from the roadway and the park and recreational component, because they are doing things that are not necessarily peculiar to their project but something that has much more of a regional impact. WOODWARD: All right. 9 EXHIBIT C FUKE: Thank you. WOODWARD: Thank you. Before we go open this up to questions from the Commissioners, maybe since this affects the recommendation, I’ll ask the Planning Director for her response to your recommended amendments. LEITHEAD TODD: I have no objections to the proposed amendments submitted by Wailani. I do have some comments though on the restrictive vehicular access. You know, these conditions reflect what was in the prior project district. I am not a fan of roadways that are blockaded. It has been an on-going issue throughout the island. And what happens is that an existing community is very comfortable with being kind of a deadend subdivision or having limited access. From a planning perspective it’s poor planning not to extend roads and connect roads. Because we’re having major issues in Kona with this. And it ultimately impacts emergency access for ambulances, it impacts whenever you’ve got a highway project; and in the long run it’s poor planning policy. I understand the applicant’s desire to accommodate the existing neighborhoods. But I would like to have some flexibility in this. And so what I was going to suggest is that on the language on Condition S that to, the proposed amendment should just say that the Planning Director upon consultation with the Department of Public Works and the immediately affected existing neighborhoods may lift this restriction. And the reason I’m saying that is I think that the other language that says that the immediately affected existing neighborhood’s desire to have the barriers removed is kind of ambiguous and also is a real, could potentially lead to litigation over where the authority to remove the barrier lies. And the reason is, I don’t have a problem with putting that barrier up initially and, but I would like to have the flexibility if the needs of the community change, if the traffic issues in the community change, that upon consultation and notice to the community and working with the community that we have that flexibility and avoid getting into a situation of potential litigation. Because what if you have, you know, 40 percent of the community coming forward and providing legitimate reasons but you have another group that doesn’t want it open but ultimately from a health and safety and planning perspective and traffic safety it make some sense to remove the barriers? And we’ve also found in some areas that people’s concern over connection frequently is based on a worst case scenario. And in those areas where we actually have connected and opened up communities, in the end the people who live there have actually benefited because it has increased their options in terms of how they access their homes and how they get to businesses. And at full buildout if you have a shopping center here with a supermarket I suspect that the people who currently live in these existing subdivisions will actually want to come in and access the shopping facilities, rather than have to go all the way out to Waianuenue and then down and around Komohana to get to the shopping, that they’d rather go through the back street. So I just want some flexibility there to respond to the changing needs in the future. I have no problems with the barrier initially. But I think I’d like that flexibility. And I have found that most people’s fears over the traffic are, as long as you’ve got options and alternatives and all the traffic isn’t through a particular area usually their fears are exaggerated. And in Hilo we do have other options; and I think that in the long run the community will be better served by having at least one. So I’m glad that we’re going to build at least one road connecting so that we have that option of opening it up in the future. And, you know, we might to do something like test runs for a while, just to see and, you know, we open it for a month and see what happens and get feedback from the community. And if there are concerns, then we could block it up again. But, you know, give us some flexibility. But thank you very much. I think it’s a good plan. And I do want to comment that on the extension of Ponahawai Street, I think it’s fair to say that that is regional rather than just generated by this subdivision. Cause it’s really about connecting 10 EXHIBIT C upper Kaumana through Mohouli, and then down to Ponahawai, and allowing people who are trying to get up to Kaumana to have an option of going up through Ponahawai and avoiding the Waianuenue-Komohana. So a lot of the traffic is not going to be generated so much by what’s going on here, as people try to move through this area to avoid going to the Komohana- Waianuenue intersection. And I think when we get later to the plans and stuff, we may want to be talking about walking paths and stuff. But that’s not so much here at this point. But I think it’s consistent with people’s vision of how they want to see communities and development approached. And I like, you know, on a personal note I like the fact that these are local residents, long-time families, that are doing this development, because I think we have some comfort in believing that this is actually going to go forward. WOODWARD: All right. Mr. Fuke, is that modification acceptable to you? FUKE: Perfect. WOODWARD: Okay. Now, Commissioners, do we have questions for the applicant? Commissioner Domingo. DOMINGO: Yes. Probably not so much questions but some comments. First of all, I wish that Dr Matsuura would have been here and I would have commended him, as I would commend you, Mrs. Matsuura, for your vision. And, also, with those who are a part of the hui who will be in the project I commend them also because of their, I guess, their confidence and their trust in the principles of this development. When you assured me that these were local people, I felt comforted. And to a certain degree that I know more than ever now that what is said will be done. Because in my tenure as a Councilman in the past I found out at times that things that are said are not really what they mean; and as Mr. Fuke pointed out this is not, a development resembling that of the West side of the island with regards to the huge resorts that we have there. And to that end I’d just like to mention also that as I look at the other part of the island and its development in its development process I found out that they have brought employees from out of the State, out of the State to come here, and they’ve flooded the job market. And now because of the downturn in the economy a lot of people and, you know, local construction worker are on the bench and they don’t have any work. And it’s, I don’t want to say it’s any fault of the development community but that’s the state of the economy right now. But I think with a project such as this which would go into a 20-year period would assure to a certain degree stability in the job market for those who live here and those who need a job. And, you know, it will be hard to ask for assurance or a commitment by you or the people in the hui that, yes, we will employ local people for the job. And that’s a, you know, that’s a concern throughout the State right now. I think in this pending legislature they were, there was a measure introduced that only local people would be hired for these jobs. But then, you know, rightfully so there’s strong concern and, you know, in your deliberations and in your planning, and I hope that you folks will bear this in mind, notwithstanding the fact that certain parts of the development will be sold to other developers to fulfill the plan. But I think your vision with regards to the medical and other aspects of the elderly is very commendable and it will help the community a lot and the people who live here, and will offer a huge degree of comfort in taking care of the welfare of the people who live here. MATSUURA: Thank you. WOODWARD: Thank you, Commissioner Domingo. Just for the record, I assume that since you’ve submitted proposed amendments to the conditions that you’ve received the recommendations; and with the exceptions of these suggested amendments you’re in agreement? 11 EXHIBIT C FUKE: Yes. And just one clarification to, and I’ve already had a discussion with your staff this morning. You know, on Condition H, it basically says that the uses disclosed in the application, etc., etc., will be allowed in the Wailani Project District. And, you know, my understanding is that it’s not limited only to whatever is in that thick binder. But subsequent to that we did point out to the Planning Staff that the uses would be restricted to uses that are allowed in the commercial district and not necessarily for industrial uses. So we just, and in the big document you see that there are some industrial uses there. So we kind of wanted to make it clear. And so that’s the understanding. So thank you. WOODWARD: All right. Do we have any other questions? DOMINGO: You know, just correct me. I’ve heard that the Planning Director has no reservations about the proposed amendments as submitted by the applicant’s representative. Is that right? WOODWARD: Right. She did suggest a change for “S” to allow her, to allow the Planning Director upon consultation with the Department of Public Works and existing neighborhoods to lift this restriction. Okay, basically she reworded that. But other than that, that’s my understanding. And I’m sure that she can give us that exact wording that she wanted, which was acceptable to Mr. Fuke. Any other questions? Okay, just for the record we have nobody from the public to testify, so you must have done a good job getting with the neighbors. Nobody is here to object. Okay, I guess we could entertain a motion. Mr. Fuke, you folks can be seated. Thank you. Commissioner Domingo. DOMINGO: Mr. Chairman, with regards to Item 5 under New business, Applicant Wailani Development LLC, Rezoning Application 10-117, I move that the Commission send a favorable recommendation to the County Council for its approval reflecting the proposed amendments as submitted by the applicant’s representative, and with the exception of Condition S to also, Condition S to be amended to reflect the Planning Director’s concern. KERN: Second. WOODWARD: Very good. I think that was well stated. Do we have any discussion? Yes, Mr. Gonzalez. GONZALEZ: There’s “A” and “B”. WOODWARD: Oh, that’s right. Okay, right, there are two parts of this application. So if there are no objections, this will be a motion for change of zone, that will be 5.a., is that acceptable to you, Commissioner Domingo? DOMINGO: Yes. WOODWARD: And then we’ll have a separate motion for the repeal of the other ordinance. And who was the second? COTTLE: Kern. WOODWARD: Commissioner Kern, is that acceptable to you? KERN: Yes. 12 EXHIBIT C WOODWARD: Any objection from Commissioners? Okay, well, that will be, the motion then will be regarding 5.a, Change of Zone. Any discussion? Okay, seeing none, Maija. COTTLE: Thank you, Mr. Chairman. Commissioner Domingo? DOMINGO: Aye. COTTLE: Commissioner Kern? KERN: Aye. COTTLE: Commissioner Au? AU: Aye. COTTLE: Commissioner Ishibashi? ISHIBASHI: Aye. COTTLE: And Mr. Chairman? WOODWARD: Aye. COTTLE: Okay, the motion passes five-zero WOODWARD: Okay, and then we would need a motion to repeal Ordinance 04-144. Commissioner Domingo? DOMINGO: Mr. Chairman, under the applicant’s letter with regards to repealing of Ordinance No. 04-144 which approved the Project District originally known as University Terrace be approved. WOODWARD: A favorable recommendation to the Council? DOMINGO: Yes. WOODWARD: Okay, do we have a second? KERN: Second. WOODWARD: Okay, any discussion? Okay, seeing none, Maija. COTTLE: Commissioner Domingo? DOMINGO: Aye. COTTLE: Commissioner Kern? KERN: Aye. COTTLE: Commissioner Au? AU: Aye. 13 EXHIBIT C COTTLE: Commissioner Ishibashi? ISHIBASHI: Aye. COTTLE: And Mr. Chairman? WOODWARD: Aye. COTTLE: The motion passes five-zero WOODWARD: Okay. The discussion ended at 11:09 a.m. Respectfully submitted, Sharon M. Nomura, Secretary Windward Planning Commission 14 EXHIBIT C