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HomeMy WebLinkAbout2010-04-01 TWATSON WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT APRIL 1, 2010 DON WATSON/DONNA WATSON A regularly advertised hearing on the application of (REZ 09-115) was called to order at 9:10 a.m. in the County of Hawai‘i, 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), Norman Hayashi, (Planning Program Manager), Daryn Arai (Planning Program Manager), Phyllis Fujimoto (Staff Planner), Jeff Darrow (Staff Planner), and Maija Cottle (Staff Planner). And approximately 9 people from the public in attendance. APPLICANTS: DON WATSON/DONNA WATSON (REZ 09-115) Change of Zone from a Single-Family Residential 15,000 square feet (RS-15) to a Single-Family Residential 10,000 square feet (RS-10) district for 20,393 square feet of land. The property is located at the southeastern corner of Haihai Street and Likeke Street, across from the Hilo Municipal Golf Course, Waiakea, South Hilo, Hawai‘i, TMK: 2-4-21:31. WOODWARD: Okay, the first item on the agenda today is applicants Don Watson and Donna Watson for a Change of Zone from a Single-Family Residential 15,000 square feet to a Single- Family Residential 10,000 square feet district for 20,393 square feet of land in South Hilo. Jeff. DARROW: Thank you, Mr. Chairman. If I could direct your attention to our presentation on the wall. Our first applicants this morning is Don C. Watson and Donna D. Watson. They’re brother and sister. They are requesting a change of zone application. The location of this request is within the South Hilo District. More specifically we’re looking in the area of the Hilo Municipal Golf Course. That’s the area identified in dark green. The area of the application is outlined with a black line on the property. It is on the corner of Likeke and Haihai Street. Haihai Street is running in a mauka-makai direction; and Likeke Street is running parallel with that, or perpendicular. The aerial photo shows, again, Haihai Street, and Likeke Street. The subject property is identified with a red outline and there are existing two dwellings on the property. The first 1 EXHIBIT A dwelling was constructed in 1964, the second dwelling which is an ohana dwelling was constructed in 1992. The applicants are requesting a change of zone from a Single-Family Residential 15,000 square feet (RS-15) to a Single-Family Residential 10,000 square feet (RS-10) district for approximately 20,393 square feet of land. This is to be able to subdivide the property into two lots. Each lot will be approximately 10,195 square feet and will retain the existing single family dwelling on each lot. The reason for the request is that the applicants who are brother and sister are getting on in years and they have a desire to separate their financial holdings. These are site photos of the area. This is on Likeke Street looking towards Hilo Municipal Golf Course which is located across Haihai. The subject property is on the right. This is on Haihai Street looking mauka. Hilo Municipal would be on your right side. The subject property is located on the corner on the left of the photo. This is the existing dwelling that is on Likeke Street. And this is the existing dwelling on the corner of Haihai and Likeke. The Planning Director is recommending that the Planning Commission send a favorable recommendation to the Hawai‘i County Council for this application. Are there any questions? WOODWARD: Any questions for staff? All right, seeing none, if we could have the applicant and/or their representatives have a seat at the table, please. Applicant is not here? ELIZARES: We’ve been doing the subdivision, AE Com. WOODWARD: Excuse me? ELIZARES: We’re doing the change of zone application. WOODWARD: If you’ll use the microphone, sir. Are you representing Don Watson and Donna Watson? ELIZARES: Well, I thought that she would be here or they would be here. WOODWARD: Who are you? ELIZARES: My name is Carson Elizares. I’m with AE Com. And we are running the application for them. WOODWARD: I see. Okay. Are you their representative? ELIZARES: I guess so. They’re not here. 2 EXHIBIT A WOODWARD: Okay. Well, let’s swear you in, and we’ll see if you have anything to add. If you’ll raise your right hand, sir. Do you swear or affirm to tell the truth today before the Windward Planning Commission? ELIZARES: Yes. WOODWARD: Please speak into the microphone. ELIZARES: Yes. WOODWARD: And if you will give us your name and address, and then if you have anything to add to what has been presented. ELIZARES: Carson Elizares, E-l-i-z-a-r-e-s; and I’m with AE Com, here at 100 Pauahi Street, Suite 206. And no comments to add. WOODWARD: Okay, very good. Does anybody have any questions? Does any Commissioners have any questions for their representative? Okay, seening none, you may be seated. Thank you, sir. We have nobody signed up from the public to testify on this agenda item. So we are essentially left with the Department’s recommendation. Would anybody like to make a motion? GONZALEZ: Wait, wait, wait. WOODWARD: Commissioner Domingo. GONZALEZ: Wait, wait, wait. WOODWARD: Oh, excuse me. DOMINGO: I yield to the Corp. Counsel. GONZALEZ: Did you do this, acknowledgement of receipt of the conditions and -? WOODWARD: Okay, all right. No, I didn’t. GONZALEZ: I think there are conditions. WOODWARD: Yeah, there are. Yeah, okay. Okay. Sir, Carson, if we could have you come back. I need to ask you a couple of questions as the representative for the applicant. ELIZARES: Okay. WOODWARD: You have received copies of the Department’s recommendations? 3 EXHIBIT A ELIZARES: Yeas. WOODWARD: And the conditions? ELIZARES: Yeah. WOODWARD: Are they acceptable to you? ELIZARES: Yes. WOODWARD: Okay. And you’re specifically aware that no further dwellings can be built on either of the properties? ELIZARES: Okay, yes. WOODWARD: Correct? WOODWARD: Okay, thank you. That’s all. Thank you very much. You may be seated again. Commissioner Domingo. DOMINGO: Mr. Chairman, could I have a clarification of the contents of the recommendation before I make a motion -? WOODWARD: Certainly. DOMINGO: Or would you see it to be more proper that a motion be first entertained and then discussion in that regard to be made? WOODWARD: You can make a motion if you’d like and then we can discuss it, clarify it, whatever. DOMINGO: Okay. Mr. Chairman, with regards to the application of Don and Donna Watson regarding REZ 09-115, I move for a favorable recommendation be sent to the County Council. KERN: Second. WOODWARD: All right, it has been moved and seconded. Okay, it’s open for discussion. Commissioner Domingo. DOMINGO: Mr. Chairman, one of the conditions specifies that a right-of-way be made for future purposes and they’re required also to pay the standard fees with regards, standard fees 4 EXHIBIT A when you apply for a rezoning application. In so doing in setting side part of the land for that future road widening or whatever, can that be applied to the fees? WOODWARD: It’s my understanding that it can, but we will address that to the Planning Director. LEITHEAD TODD: In taking a second look at this, I guess I have some questions. We put this in as a standard term and condition that we do on rezoning. But I note that this is a situation in which no additional dwellings will be created by this, because there are already two existing homes on the property. What this is basically doing is allowing them to divide title between them. So what you have is a home with probably an ohana unit and then this allows them to subdivide the property so each party can have separate title to each home. And in a case when we’re not creating any additional homes here, the fair share is intended to mitigate the impact of additional dwellings that are created. Now we put it in but the Commission can choose to delete that in lieu of the fact that there are no additional dwellings being created by this. Cause this did come up as a question on an earlier one and the Council used to just do the fair share for each additional dwelling. So if somebody came in with one house and they were going to do a rezone to create an additional lot and there would be an additional dwelling, then the Council would add fair share. So I leave that up to the Commission’s discretion on whether you want to leave that up to the County Council’s discretion, because the fair share really is the Council’s prerogative to attach. But I just note that this is a slightly different situation in that there are existing two homes and no new homes can be built because once you go to the -. I think we do have the one condition in here that says no further homes, right? WOODWARD: Yes. LEITHEAD TODD: And so with that condition there isn’t any additional impact created by this rezoning. WOODWARD: That would seem to me to be the fair thing to do. DOMINGO: I would, yeah, in that case I would rather we state -. WOODWARD: Omit Condition G? DOMINGO: Omit Condition G. WOODWARD: Is that acceptable to Commissioner Kern? KERN: Yes, yes. WOODWARD: Okay, any objections from any of the other Commissioners to changing the motion to omit condition, delete Condition G and renumber the other conditions? No objection? Okay, very good. Any further discussion? All right, Jeff, let’s take a vote. 5 EXHIBIT A DARROW: Thank you, Mr. Chairman. I’m sorry I did not hear the Commissioner who seconded the motion. WOODWARD: Kern. LEITHEAD TODD: I just wanted to comment that if you’re going to delete G, you may need to delete H also because that specifically refers to G. WOODWARD: Does anybody have any objection to that, deleting Conditions G and H? AU: No objection. WOODWARD: And is that acceptable to Commissioner Domingo and Commissioner Kern? DOMINGO: No objections. KERN: No objection. LEITHEAD TODD: And the reason I note that is even if the Council adopts an impact fee ordinance, impact fees would only be collected at the building permit stage on a subdivided parcel. So there wouldn’t be any collection because it’s an existing home. WOODWARD: Very good. And there is no objection to deleting both those conditions? Seeing none, okay, Jeff, let’s take the vote. DARROW: Okay, just for clarification, Director Leithead Todd, this is your recommendation as well? LEITHEAD TODD: Yes, it is. DARROW: Okay. LEITHEAD TODD: It’s consistent with what the Council used to do. It’s also consistent with impact fees in that you don’t impose a fair share condition or an impact fee on an existing dwelling. You only would impose it on new construction. And because this is two existing homes and no new homes will be built, then under this type of a scenario you would not be imposing this type of a fee. DARROW: Thank you. The motion before us is to send a favorable recommendation to the Hawai‘i County Council, with the omission of Condition G and Condition H. With that I’ll take the roll. Commissioner Domingo? DOMINGO: Aye. 6 EXHIBIT A DARROW: Commissioner Kern? KERN: Aye. DARROW: Commissioner Au? AU: Aye. DARROW: Commissioner Ishibashi? ISHIBASHI: Aye. DARROW: And Mr. Chairman? WOODWARD: Aye. DARROW: The motion passes five to zero. WOODWARD: All right, very good. I think probably the applicants will be happy that that condition has been deleted; and I think it was the right thing to do. The discussion ended at 9:25 a.m. Respectfully submitted, Sharon M. Nomura, Secretary Windward Planning Commission 7 EXHIBIT A