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HomeMy WebLinkAbout2011-04-21 Leeward Exh A - Parker Ranch A regularly advertised hearing on the application of was PARKER RANCH, INC. (REZ 08-83) 5044 Ane Keohokalole Highway, Kailua-Kona, Hawai‘i, with Chair G COMMISSIONERS PRESENT: Geraldine Giffin, Lani Bowman, Thomas Hic Wayne Iokepa ABSENT AND EXCUSED: Brandi Beaudet, Richard Nelson and Thomas Wh STAFF PRESENT: Julie Mecklenburg (Deputy Corporation Counsel), M (Deputy Planning Director), Daryn Arai (Planning Program Manager and Maija Cottle (Staff Planner) DEPARTMENT OF PUBLIC WORKS: Kiran Emler (Engineering Division) And approximately 18 people from the public in attendance. APPLICANT: PARKER RANCH, INC. (REZ 08-83) 7,500 square feet (RS-7.5) and Village Commercial-7,500 square f 7,500 square feet (RS-7.5) and Village Commercial-7,500 square f 7.5) and Village Commercial-7,500 square feet (CV-7.5) for appro properties are located southwest of the Parker Ranch Center, bet Middle School and the Ala ‘hi‘a (Connector Road), Waimea Village, Waimea, South Kohala, Hawai‘i, TMK: 6-7-002: por 015 and por 064, 6-7-008: por 093. GIFFIN: I’d like to move on to Agenda Item No. 1. The applicant for a change of zone from Agricultural-40 acre (A-40) to Single- 10,000 square feet (RS-10) to Agricultural-40 acre (A-40a), Sing feet (RS-7.5) and Village Commercial-7,500 square feet (CV-7.5); Residential-5,000 square feet (RM-5) to Single-Family Residentia Commercial, finally, 7,500 square feet (CV-7.5). And before I go thing up, I think I’m going to call on our staff, Maija. COTTLE: Thank you, Madam Chair. Good morning, everyone, and welc Hawai‘i Civic Center. This is our first meeting being held in th Thank you for bearing with us. GIFFIN: Thank you. COTTLE: The first item is an application for change of zone. The applicant is requesting some minor zoning adjustments in order t lands involved in a land exchange between the applicant and the land exchange is being done in order for the applicant to fulfil ordinance – this was the ordinance to rezone all of the Waimea t was originally adopted in 1996, I believe, and was updated in 20 requested from Parker Ranch that when they transfer the land ove that it be rezoned Single-Family Residential. So this change of request from DOE. The request will also facilitate the eventual extension, and this was also a condition that Parker Ranch neede rezone; the original rezone required that Lindsey Road extension development of the surrounding commercial rezoned lands. The subject properties, there’s actually three parcels involved one of them is owned by the Department of Education, or the Stat outlined but I’m going to outline with my cursor here – it’s cur and you can see it here. The Waimea Elementary School is current then the other two parcels involved in the request are just belo connector road here, as well as this parcel here that’s owned by school site and the property south of the connector road are cur and this property here has split zoning – it’s actually zoned Mu feet, as well as Single-Family Residential 10,000 square feet an feet. So the proposed zoning changes are to change Lot 1, which is cur to Single-Family Residential 7,500 square feet, which would be c property just north of it, and then to rezone Lot 2 from Agricul 7,500 square feet, to rezone Lot 3 from Multi-Family Residential 7,500 square feet, and Lot 5 from Multi-Family Residential to Vi Single-Family Residential to Single-Family Residential 7,500 squ density, Lot 5 from Multi-Family Residential to Village Commerci Residential to Village Commercial, Lot 7 from Single-Family Resi So what this will look like after the zoning adjustments are mad Road extension alignment is shifted from where it was over here entire school property will be zoned Single-Family Residential 7 Ranch property north of the connector road will be Village Comme this little sliver to the south will be changed to Agricultural contiguous parcel. So it just creates zoning that is consistent I want to go back to the previous slide and just show you the la So Lot 2, which is this little sliver here, is currently owned b currently owned by the Department of Education; this little sliv Parker Ranch. And then Lot 3 and Lot 4 down at the bottom here, Parker Ranch, would be transferred over to the State. And then i you’ll kind of see that here the State would receive this land a little sliver in order to realign Lindsey Road. This is an aerial photo of Waimea Town Center. Again, you can semalahoa Highway, and the Lindsey Road extension would be coming off of here. Currentl was planned further east to extend to meet up with the connector eventually extend further south to where the Waimea Bypass may e plan would shift the road further west, so it would end up on th preserve to the south of the connector road. And then you have t here. The Planning Director is recommending a favorable recommendation change of zone request. We also, as you know, have distributed a this revision adds a new Condition D, it modifies Condition D, a testimony presented by the Department of Education. They submitt confusion about what access restrictions we were requesting, and language there. But in talking to the representative from the De morning, we would like to further revise that to delete the seco now just read, “Access to and from Ala ‘hi‘a and the Lindsey Road Extension including the location and number of accesses as well as improvements and supp improvements shall meet with the approval of the Department of P the conditions throughout, we added the words, “successors or as future owns the land and develops the land is held responsible f You also have received several letters from the community. And I one, but the ones that you received prior to today, to this morn out, were from Hawai‘i Preparatory Academy, Hawai‘i Community Fo letters from the Department of Education, two letters from Marga Hunter and one letter from Linda Copman. That concludes our presentation. Does the Commission have any qu GIFFIN: Commissioners, do you have any questions of Maija? I wou introducing Ki Emler. I just, you mentioned Public Works, and I Ki. Ki is our representative for the Public Works. Commissioners of the letters from the public? COMMISSIONERS: Yes. GIFFIN: Okay. Hearing no comments for our staff by the commissio applicant and/or the representative of Parker Ranch, the first a GUILLOZ: Good morning. GIFFIN: Good morning. Will you please raise your right hand, so swear or affirm to tell the truth on this matter now before the Commission? GUILLOZ: I do. WITTEN: I do. GIFFIN: Thank you. Could you please state your name, starting wi GUILLOZ: My name is Nahua Guilloz, and I represent Parker Ranch. GIFFIN: Thank you. WITTEN: Tom Witten with PBR Hawai‘i, planning consultant for Par GIFFIN: Thank you, Tom. You heard what Maija just said and how s regarding the agenda item and the proposed change of zone. Is th explain further? Is there anymore you would like to comment on? address the reasons why. It was really nice to see the second sl up all the different, you know, ownerships and zonings. But if y would really be helpful. WITTEN: Certainly. GIFFIN: Thank you. WITTEN: And I very much appreciate Maija’s presentation, as it w good overview of the proposed minor zoning adjustment. I think, sort of a cleanup type of zoning action – the result of several, the Waimea Town Center. First off, the intent and desire to expand the elementary and mi Ranch’s agreement to go along with that, they entered into agree Education, I think in 2000, to move forward with the proposed ex exchange, the Lindsey Road, through the planning and design with done from the original planning effort, determined that Lindsey served to be adjusted to the north, closer to the elementary sch Preserve that is just, I guess, west of the connector road, that reference slide, it’s the purple area, the Ag-40a. So that road Road that was further to the east, I guess, north and east, as s shifted over. The result of that based on the prior zoning creat zonings, and even the connector road alignment was adjusted in f from the original zoning. So the result of all those various exi that up really results in a very minor adjustment. Well, I guess related to that, the DOE had requested of us to change their exi parcel to clean that up from Ag-40a to RS. They, in the agreemen zoned RS, Single-Family, and that subsequently they go for a con and develop their campus. So we included them, which appears to which, you know, the majority of it is planned for school and no adjustments that result, from Parker Ranch perspective, is a net than one acre – approximately a seven-tenth of an acre is the ne of approximately 4.6 acres of developable area primarily attribu And the land, and a portion of the land, 0.8 acres of land that proposed to be provided in the land exchange with DOE, that 0.8 actually become developable after you take out the Lindsey Road take out the Lindsey Road extension, the net acres significantly the expanded Waimea Field System Archaeological Preserve Area, t less than one acre, 0.7 acres, of developable land within the Wa Ranch’s perspective. I think in the context of this adjustment, the Waimea Town Cente approvals previously granted provide for the conditional approva road segments would be improved, including the extension of Lind planned, ultimately the Waimea Town Center will provide good con expanded Town Center area, and as provided in the prior approval alluded to that – exactly when the Lindsey Road extension would commercial development that would cause that to happen. Consistent with the County’s requirements, a traffic impact asse of this change of zone. And that was done in satisfaction of the consultation with the County, and concluded that no improvements this rezoning. The scope and extent and assumptions built into t consultation with the Planning Department and the conclusions ha application. Related to the specific, the favorable recommendation provided f conditions, there are a couple of conditions that we would like consideration of the Commission -. GIFFIN: Excuse me, Tom, do you have the new one that we just got WITTEN: Yes, I do. GIFFIN: Okay. WITTEN: I do have a copy of the new one. GIFFIN: Okay. WITTEN: And generally, the housekeeping items from Condition E t acceptable to Parker Ranch. The adjustment to Condition D, as wa discussions with the County, and we concur with the revision. I issue, and we concur with their concern that until the campus is want to limit the access opportunities for that planning, and I that ultimately the County, as all these will ultimately be Coun jurisdiction and be in consultation with the Department of Educa to provide with access to the campus; so we concur with the prop area that we are concerned about is Condition C, and because tha easement U-1. There is an easement that was reserved through the the campus for DOE, and in the agreement between Parker Ranch an that speak specifically to opportunities for either party to imp I’m aware, there is no implied language that the road would ulti dedicated to the County; it was always as an easement reserved t and utilities through that corridor. Parker Ranch has a temporar would be ultimately improved when needed. But it wasn’t, as far Ranch is concerned, it wasn’t a, to be consistent with the agree commitment that the road would be constructed and dedicated to C the County. So we have proposed revisions to that condition, whi with. But we basically want to go on record to state that we are to have a clear reference to the commitments as far as Easement conformance with the Waimea Development Agreement between Parker Hawai‘i, dated 2000, and that there is no, and that the referenc be deleted from that. I do have a proposed language that we’ve p Department, if the Commission desires to make an amendment to th you know, we’d appreciate your favorable recommendation and movi cleaned up, get the zoning cleaned up, as Maija has pointed out. proceed with the remaining steps to complete the land exchange w forward with their planning for their campus expansion. GIFFIN: Thank you. What I was going to do this morning was, when people that did sign up to testify go ahead and give public test people who have turned in written testimony and are here this mo to also testify. But since you raised this question regarding th would be really a good idea to hear from Maija or Jeff or Daryn proposal, the Planning Director’s proposal for Condition C to no just spoke up. And could we do that now, please, since we are on have something that we can put up or Maija can speak up, so that the wording as well? COTTLE: I could read the wording. That’s the only copy that we r here, so I can read the wording. GIFFIN: Okay, good. All right. Commissioners, I’m going to pass follow along with Maija – the conditions that the Ranch proposed came up with for Condition No. C. Okay. COTTLE: So let me read the condition, and then I’ll explain the applicant’s proposed revision reads, “The applicant, its success within easement U-1 in conformance with the Waimea Development A Ranch and the State of Hawai‘i, Department of Education, dated J be constructed prior to issuance of a certificate of occupancy f building permit(s) for residential structures on the RS-7.5 zone or the easement that’s been referred to, is right in this area h agreement between DOE and Parker Ranch states that if the school are only obligated to construct it from the entrance, from the L entrance of the expanded school campus; so the DOE is not obliga agreement to create a divider road here and extend it all the wa reason why we worded the condition the way we did is because the Development Plan actually does call out for that road, which is constructed as a divider road and a connector road from the subd extension. So, to be consistent with the CDP, that’s why we are road. Whenever we write conditions for zoning, the condition run worded in a way so that whoever owns or develops the land is res conditions. So although DOE and Parker Ranch have their own agre be amended in the future, if they chose, we don’t want to refer obligation to build the road as a connector road through stands develops this property. Does that make sense, or do you have a q GIFFIN: I don’t, but maybe the other Commissioner do. Commission you might have a question. BOWMAN: I’m okay. I always look puzzled. GIFFIN: No. Anybody else? Any other Commissioners? I appreciate want to say something more? COTTLE: I do. So we kind of see this as an issue that more needs and Parker Ranch of whose obligation it would be to build the ro what time. GIFFIN: Thank you. No more questions? You are clear then, Commis Department came up with their version of Condition C in referenc you, Maija. Commissioners, any other questions of Tom or Nahua? people who have signed up to testify, and so I’d like to move on the opportunity to come back and answer any of their concerns, w may have represented or how you feel. WITTEN: Thank you very much. GIFFIN: You’re welcome. The first person who signed up also subm Mike Price, will you please come forward? Good morning, again. PRICE: Good morning. GIFFIN: Also, I think what I would like to do is call up Sherm W 2, and Mr. Warner has also submitted written testimony so, Commi that. If you are like me, I’ve got a stack here out of sequence, minute or two. According to my sign-up sheet, there are six of y one person who signed up for three different reasons. So actuall who signed up. And ordinarily, if there were a number of you, ce on a time limit. And corp. counsel asked me if I wanted to do th you people would go on and on and on. So, may I please ask both Thank you. Do you swear or affirm to tell the truth on this matt County Planning Commission? TESTIFIERS: Yes. GIFFIN: Thank you. And starting with you, Mr. Price, will you pl PRICE: Michael Price. GIFFIN: And you don’t have to -. I know you were going to begin represent, but that would be nice, too. PRICE: I represent the South Kohala Traffic Safety Committee. GIFFIN: Thank you. And Sherm? WARNER: I’m Sherm Warner, representing the Waimea Community Asso GIFFIN: Thank you. Mr. Price, we’ll begin with you. PRICE: I just want to summarize some things. First of all, I wan testimony and I amended the petitions that were attached; there that support those positions and those two documents – the one f key point is that the Safety Committee does not oppose the land are supportive of it. But Ordinance 2-25, which was developed in the primary element to construct a road circulation system in co the area by the applicant, Parker Ranch. In 1996, Parker Ranch, delayed the construction of the road until certain number of hou trigger before they would have to build the road. Since 1996, tw this county – one is the Community Development Plan that was men other one is the concurrency ordinance. The concurrency ordinanc application once with the requirement that there be a traffic im Ranch connector road that has been built hasn’t been dedicated, private citizens, or several private citizens, litigating. It wa the County. Although the traffic impact analysis report is incom Hunter’s letter and also Linda Copman’s letter, I’m not going to but the report demonstrates that by 2015 the Level of Service de unacceptable on the concurrency ordinance. And this is pointed o in the back. But when you look at it, over a half the turning mo level, to say that the County normally just ignores this. Well, ordinances that I just discussed came in. But the whole point of adequate infrastructure in a timely manner. And it is the will o Community Development Plan. Finally, the Lindsey Road-Mmalahoa Highway intersection, which was one of the intersections studied in the TIAR document, Waimea. The result is we see aggressive driving. We currently ha protect pedestrians that cross that intersection. Those pedestri their numbers will increase with the development of the school. center there that the seniors use – they are at risk. This needs ordinance. Finally, the current laws need to be applied. Our com on these applications, that these laws be applied and the road b things deteriorate to Level F. That’s all I have. Thank you. GIFFIN: Thank you, Mr. Price. Commissioners, any questions? I ha to be clear, Mr. Price, what you and your group are requesting i anything else goes on, that the Ranch put up that Lindsey Road e PRICE: If they could build it tomorrow, that would be fantastic. probably take five years to get it built because it isn’t even d GIFFIN: So your committee -. PRICE: But I think it’s reasonable to ask them to develop it in and, you know, dedicated. GIFFIN: Okay. And you go back to all these reasons that you ment for the reasons for it. PRICE: My reasons -not my reasons – the committee’s reasons, and Copman’s and Margaret Wille. You have testimony from all those f I’m not an attorney, but two of them are, and Linda Copman draft Councilman Hoffmann when she was his assistant. GIFFIN: Mr. Price, are they here? PRICE: No, no. GIFFIN: Okay, so you are representing them, and their written -. PRICE: No, I’m not representing them. I think their written test GIFFIN: Right, I was just going to say. All right. Thank you ver WARNER: Thank you, Madam Chairwoman and Commission Members. I’m the Waimea Community Association, of which I’m president. You ha will just paraphrase. I’m also the coordinator for our Community Design Review Committee, which receives applications such as thi Department and solicits input from the community and makes a rec committee recommended unanimously in favor of this application o Mike advocates, without any condition of the construction of the law says that mitigation of adverse traffic effects occur before our committee didn’t see a rezoning as a trigger for building th your packet from the Planning Director, a letter from our design rationale for support of this that they saw no rationale or caus service at the intersection and the rezoning. The TIAR stated th to a two percent annual population increase – that’s going to ha Parker Ranch is, actually the Parker Ranch Trust, a major benefi which donates generously to the North Hawai‘i Community Hospital Foundation, Parker School and Hawai‘i Preparatory Academy. I als the board of the West Hawai‘i Mediation Center, a small non-prof struggling in really difficult times to raise money to do the go to a great degree on the Parker Ranch funds that trickle down to Hawai‘i Community Hospital have severe financial problems, which Parker Ranch made no distributions probably because of the const the distributions for last year that were just announced were fa appropriate time to create additional expensive conditions that community and critical to it. I also served on the South Kohala CDP Steering Committee. We spe concurrency, about impact fees, but at no time did we ever advoc having to pay for their impact long before it happened or simply concurrency means things that happen at the same time, and that recommendations. So I believe that requiring Parker Ranch to bui a condition of zoning would be illogical and unfair. As I said, of the word “concurrency.” And we have to remember we are not ta not having to build the road takes money and, you know, sits und shareholders on the mainland. This is our community. And so, jus the Waimea Community Association, a participant, although not a deliberations of our Planning and Design Review Committee, as pr non-profit and as a resident of Waimea, I urge you to support th construction of the Lindsey Road extension only when development GIFFIN: Thank you. Commissioners, any questions of Mr. Warner? H much. And, Maija, if I don’t remember later on, before we call t hear what the County feels in terms of concurrency and when that thought I saw Riley here. There he is. Hi Riley, you are the nex just come up, that will be really good. I realize that you are r person. But I swear both of you in right now. Could you please r Do you swear or affirm to tell the truth on this matter now befo Commission? TESTIFIERS: I do. GIFFIN: Thank you very much. Patti, beginning with you, will you COOK: Good morning. I’m Patti Cook from Waimea. Thank you. GIFFIN: Thank you. Riley? SMITH: Riley Smith, also a resident of Kamuela. GIFFIN: Thank you. Commissioners, there is information that we w both of these testifiers. And I’m going to take 30 seconds and l Hang on. Commissioners, are you ready? Okay, good. Riley, could SMITH: Sure. th GIFFIN: And you can reference your letter to us, or to me and th . SMITH: Sure, thank you. GIFFIN: Thank you. SMITH: Aloha, Chair Giffin and Members of the Leeward Planning C GIFFIN: Aloha. SMITH: My name is Riley Smith. I’m a resident of Kamuela and I’m And I’m also speaking as on behalf of a parent, I mean a Hawai‘i agree with the others that have testified in support of this cha been a lot of discussion about concurrency. I also agree with co infrastructure should mitigate the impacts of their project at t Concurrency is not intended to penalize someone who is building they have to do it in advance of their impacts, but do it when t a distinction that, you know, I think the applicant is obligated project, and not necessarily the impacts of regional or across-i Waimea, which has minimal infrastructure provided for the majori Hmkua coast, Hilo and Puna and work in the South Kohala region. I TIAR, you are going to see that a lot of traffic generated, ther growth every year, is generated by the increase of people that m place to live, want to raise their families and enjoy our island that have been built in the Waimea Town Center area, you know, 2 50, 60, 70 at Holoholo Ku, that doesn’t account for two percent compared to what the TIAR has to do and look at regional traffic through our town. I value education. I understand that the Department of Education five acres, okay. Their typical module for elementary school is school is 18 acres. They were short five to create two separate Education in their model has always found that elementary and mi separated. And that’s the reason why that Road A or whatever tha because it separates an 18-acre parcel from a twelve-acre parcel students tend to progress better, younger students tend to progr own campuses. And that’s part of this five acres that the Parker to give to DOE, so they can meet their design module and provide for our children. In my situation, my daughter is an eighth grader at HPA. She has school. Not all the students do. For her, I think, you know, the school provides for her is critical. You know, I make sacrifices continue to do that. Since HPA is a beneficiary of the Parker Ra conditions are imposed upon the applicant to build infrastructur you are really doing is you are saying the $7,000,000 that it to $1,000,000 or $2,000,000 that’s going to build Lindsey Road is n the school that my daughter goes to, okay. So therefore, I ask y and support this rezoning application. Okay. Thank you. GIFFIN: Thank you. Commissioners? Riley, I have a question. In y paragraph, you make reference, and it was brought up earlier, th it expended” – meaning the Ranch – “in excess of $7 million doll ‘hi‘a/connector road. These funds were not available for distribu beneficiaries that provide for education, health and charitable elaborate on that more? SMITH: You know, the applicant should, probably. What I’m aware that their contract with Goodfellow Brothers was in the neighbor pay for those through resources that would otherwise have fallen beneficiaries are entitled to the net proceeds of the Trust; so line, they can’t give it to their beneficiaries. I think Sherm W money that didn’t go to the hospital. Each beneficiary is entitl the total is smaller, each beneficiary gets less. GIFFIN: Yup, yup, thank you, Riley. SMITH: You’re welcome. GIFFIN: All right. Patti? COOK: Good morning. GIFFIN: Good morning. COOK: I’m going to make a practice of following Riley because he needed to say. Thank you for having me today and for the time. First is speaking on behalf of Waimea Middle Public Conversion C School is one of the two campuses side by side that would benefi support it. We do support the recommended changes to the one con understand that that’s an error; it should be Condition D. But w familiar with what the implications of this proposal are. The second one is, actually, Dr. Bergin cannot be here today. He Association’s Planning and Design Review Committee. He is fully participated in all of the conversations and reading all the doc conditions are appropriate – no more is necessary. And then the third thing really is a personal comment from, as a Waimea nearly 30 years, and active in the Community Association saying two things. One, I’ve attended a number of community meet lot of conversation about concurrency and what it means. And hon know more about academic achievement than concurrency, so I had genuinely believe that the law does talk about mitigation of imp And that’s what we are asking. And what’s being asked for, if yo asking for the money up front. And what does that mean to our co when we start talking about unintended consequences. And Riley w for the Ala ‘hi‘a Road and deferred payments that were made to the hospital. testimony – those are numbers that I did not get from the Ranch public information – but there was no money distributed in 2009. besides HPA and Parker School, that affects the entire community things is that recently Parker Ranch in conjunction with Communi of scholarships, up to $3,000 a child, actually these are for ad for Waimea students, that they would be able to go to an institu college, and it would pay $3,000 a year for up to four or five y elementary, currently right now we have almost 900 students, we we are looking at about 1,200 kids in public schools. Sixty perc free-and-reduced lunch kids; that means that they come from fami of scholarship help. You cut of the money, it’s not just the hos HPA and Parker, but it is community kids, as well as organizatio school garden, many, many other organizations. This past Christmkahi giving project, which has been funded by Parker Ranch’s Richard Smart F encourage that we not have unintended consequences, which is wha much. GIFFIN: Patti, I just wanted to make it real clear. Then the fou referring to is the Hawai‘i Community Foundation -. COOK: Community Foundation, that is correct. GIFFIN: Which is another beneficiary along with the hospital and COOK: Correct. And the money that they receive, they immediately the community. GIFFIN: Thank you. COOK: Thank you. GIFFIN: Commissioners, any questions of Patti Cook? Thank you ve is a good time to speak in terms of the law, or the current feel county regarding concurrency. COTTLE: Yes, thank you, Madam Chair. The intent of the concurren Code is to ensure that when a project is built or when a land is improvements go in at the same time so that any impacts of that reduced. GIFFIN: So when, again, does concurrency kick in? COTTLE: It kicks in concurrent with development of the lands tha So we have a few conditions that we think speak directly to the Code. GIFFIN: Thank you. And that’s on the new list of conditions that COTTLE: Yes. GIFFIN: Okay, hang on. COTTLE: First of all, I kind of just want to go into their traff of zone. GIFFIN: Okay. COTTLE: Because DOE and Parker Ranch don’t have plans to develop DOE says that they wouldn’t develop for at least another ten yea plans to immediately develop the surrounding commercially zoned was done is very conceptual. And so based on – as, I think, Tom going to be a net increase of about a little over one acre of co study provided conclusions based on that minor increase of comme conclusion, there are not impacts that need to be mitigated on t operate at acceptable level of service according to concurrency DOE has said they plan to develop the school campus around 2019 we’ve added Condition G that basically says, okay, DOE or Parker develop your school campus or your commercially zoned lands – wh again is in this area, commercially zoned lands are in this area come in and prepare another traffic study. At that time DOE will of how many students the school has to serve, so those more prec traffic study. And the conclusions will be not conceptual; they traffic mitigations will be very specific. So we believe that Co allow either of the parties to get around doing transportation i says that “The applicant, successors or assigns shall provide im TIAR, or by the Department of Public Works, at no cost to the Co And then we have two other conditions that address area mitigati construction of the Lindsey Road extension from around here down previous ordinance that Parker Ranch, the previous Parker Ranch Waimea Town Center area, that’s Ordinance 02-25, has a condition Parker Ranch goes to develop the commercially zoned lands, they Road extension concurrently. So what we’ve done is we’ve added – so what we’ve done is we’ve added language so that this new comm Parker goes to develop this area, which now is in mixed zoning, would also be triggered. So any of the commercially zoned land, Parker would be obligated to build the Lindsey Road extension. T the property south of the divider road in this area here, so if area, it also triggers the construction of the Lindsey Road exte Then we also have Condition C, as was mentioned earlier. This is that there’s connectivity from the subdivision here over to the connector road would have to be built prior to – let me just see school, or if for some reason DOE doesn’t develop a school in th it’s developed as residential units, then that would also trigge So we feel like we have adequately, with those three conditions, concurrency to ensure that when development goes in, the proper GIFFIN: Thank you, Maija. Commissioners, any questions or commen very much. COTTLE: You’re welcome. GIFFIN: It is my understanding that there is somebody here this know who that person is, but I would appreciate having that pers come up. I’m sorry, I don’t know if you were intending to testif regarding -. No, of you. Okay, please come up and get onto the m sorry to call you up here without -. SOUZA: Not a problem. I don’t have written testimony. GIFFIN: Yeah, I figured this much. Thank you. But would you plea can swear you in? Do you swear or affirm to tell the truth on th Leeward County Planning Commission? SOUZA: I do. GIFFIN: Will you please state your name? SOUZA: Art Souza. GIFFIN: Thank you. And you might want to state your position wit please. Thank you. SOUZA: Good morning. My name is Art Souza. I’m the Complex Area schools in West Hawai‘i. GIFFIN: Thank you. And as you know, this morning’s agenda item r very dear to our hearts, Waimea School. There was some discussio objection at first because – in a letter dated April 12, I don’t regarding the old Condition D, it was for access, and I think To access now has been left generally open – because we understood, too, regarding you don’t want to lock in accesses right now. And is the timetable in your estimation regarding the expansion of o SOUZA: My best guess is that there is no immediate plans for exp of probably about ten years out, ten to twelve years out. Heidi probably give us more accurate timeline on that. But I would gue GIFFIN: Commissioners, any other questions of Art? If not, is He please come up? I would appreciate you just giving some input. Y SOUZA: I’m pau? GIFFIN: Pau. SOUZA: Okay. GIFFIN: Thank you. Could you please raise your right hand? And I were not prepared to testify. But again, this question of when d you in. Do you swear or affirm to tell the truth on this matter County Planning Commission? MEEKER: Yes, I do. GIFFIN: Could you please state your name and your position? MEEKER: I’m Heidi Meeker. I’m a facilities planner for the Depar Honolulu. GIFFIN: All right. I appreciate you being here. And could you gi Art said probably ten, twelve years before any kind of movement School. Is that your general feeling as well? MEEKER: It will involve continually watching enrollment, watchin thing is that we are entirely dependent on the legislature and l other major variable in our planning. Our budget request, say, f about five years, and we have started out requesting a number of probably won’t have any money appropriated for any new schools. adjust the list as needs change and so on. But a new campus for far down the list, and it’s not on the list for the next five ye GIFFIN: Would you say for the next ten in your estimation, the k had for that age group? MEEKER: I’m afraid to tell you that we have to look statewide, a schools that are overcrowded right now, those are our first prio As far as the Waimea schools, enrollment has declined in recent Waikoloa expansion of grade levels. The latest enrollment projec that’s going to turn around, but it’s modest growth for the next GIFFIN: Commissioners, any questions? Hearing none, thank you ve you being here this morning. Before I call you up, Tom and Nahua letter that Mike Price referred to by Margaret Wille. Commission the DOE information that we got, and it’s on Page 4 of Margaret the record because the letter from Margaret is on the record as sorry, Item No. IV. Conflicts of Interest, “The following member Commission have a conflict of interest/bias on this Parker Ranch recuse themselves from any discussion, deliberation, or voting o mentions Brandi who earlier this morning has recused himself; Th Ranch trustee, who is not here this morning and obviously will n says, “former trustee of Parker Ranch beneficiary.” I ask Julie regarding the conflict of interest pertaining to me. Julie? MECKLENBURG: Yes. For the benefit of the Commissioners, as well today, the County Code does provide that Commissioners must disq any official action directly affecting a business or undertaking financial interest, and this includes any official action direct which you or your immediate family or household member has a sub there are several exceptions, but unless that is the case, you a may be permitted to recuse yourself, also if there is a perceive requirement. GIFFIN: Thank you very much. That being settled, Tom and Nahua, forward again? Tom, I’m sure you heard all the testimony and pro the issues that were raised in public testimony. WITTEN: Certainly. I think – again, thank you to Maija for clari because that is one that a lot of testimony was focused on – and 25, is clearly obligated and is committed to implement the roadw development. But as was stated in many of the testimony, it beco of actual rooftops or commercial development to build that infra current section of the connector road, which was, you know, forc the Ranch to implement that in advance of specific triggers with the Ranch and the Town Center development, assuming the economic anxious to implement development that will start to recover some infrastructure. And then as the commercial development, if there development, the Town Center area would be the focal point and w improvements and the completion of Lindsey Road, which I know is community. So it’s not a matter of trying to dodge requirements; implementing the master plan as approved in the prior zoning ord provided for under that ordinance. So it’s a matter of, hopefull and ideally within five years everybody will be happy to see som Waimea Town Center that would support the remaining infrastructu connections. GIFFIN: Commissioners, any questions of the applicant’s represen anyone else from the public that I may have missed who would lik PRICE: Excuse me. Could I make a statement, another one? GIFFIN: Sure. Please feel free to come up. Bring your chair up, Nahua stand up. Just bring your chair up. That’s fine. Go ahead PRICE: Michael Price. GIFFIN: Thank you. Go ahead. PRICE: I’ve heard, you know, what a burden this is for Parker Ra requirement, there has been in the past an effort to find a way connector road. One of them was the capital facilities district people buying the houses. There was discussion about feasibility Parker Ranch and utilizing part of the $10,000,000 set aside as improve traffic circulation in Waimea. So I don’t want you to co Committee is insisting that Parker Ranch build that road right n circumstance. They actively participate in our committee. But th mentioned in the 2009 letter from the committee; those options b and Parker Ranch could pay them back. The important thing is we’ already that should have been addressed in the traffic impact an five, ten and 20 years. I want the Planning Commission to consid try and do the same thing they did with the Parker School situat but this Commission decided that they were also impacting the tr stipulated terms with a set timetable for them to perform them. Some of you were not participants in that. That’s all I have to GIFFIN: Thank you very much. Commissioners, do you have any ques ask Mr. Price? Okay, hearing none, go ahead, you may go ahead an you have any questions of anyone, staff, the applicant? BOWMAN: I do. GIFFIN: Commissioner Bowman. BOWMAN: And maybe, I’m sorry, Mr. Price, maybe I should have had about the County could build it and Parker Ranch could pay it ba Department has a comment, too, on that. I’m just a little confus PRICE: I don’t want to put words in the County’s mouth, but that heard is that the County could fund the project and at a later t pay them back when after the development was in, because of the congestion in that area. I mean, I don’t know if Ki Emler is fam going to speak for the Department of Public Works. GIFFIN: Thank you. But we do have Margaret Masunaga here, the De I think could adequately address that situation. MASUNAGA: Yeah, well, having just gone through – I don’t know if about, you know, the bonding initiatives – this is not on the ra any more knowledge from the Department of Public Works as one of County would fund and build – to my knowledge that is not true. GIFFIN: Ki, would you like to comment? Could you please identify EMLER: Kiran Emler, Department of Public Works, Engineering Divi been brought up is whether the County, or Public Works, has any the Lindsey Road extension. At present time I’m not aware of any proposed, I think, on the bond-issue list of proposed projects t your question? GIFFIN: It does. Thank you very much. And thank you, Mr. Price. questions that you would like to bring up? Hearing none, do I ha to Agenda Item No. 1, the change of zone application, REZ 08-83. IOKEPA: Madam Chair? GIFFIN: Mr. Iokepa. IOKEPA: I’d like to propose a motion to pass a favorable recomme Council with Parker Ranch’s change of zone application 08-83, wi GIFFIN: Any second? HICKCOX: Second. GIFFIN: It’s been moved by Commissioner Iokepa and seconded by C the change of zone application, REZ 08-83, receive a favorable r zone request to the County Council. GI in wi GIFFIN: Correct, correct. So we are saying that we are going to, of the revised conditions as circulated this morning, correct? COTTLE: By the Planning Director on the yellow form, including del Co recommendation, but of course the Commission has the ability to am modify that. GIFFIN: We know, we know. Thank you very much. BOWMAN: So when it states “applicant, successors or assigns shall construed, I mean it could mean also that it would be DOE, since the parcel in half, right? I’m sorry that I’m a little ignorant correct? My reading is right? EX COTTLE: That’s correct. It means that the applicant, successors any other landowner that takes ownership of that property. BOWMAN: And who develops it. COTTLE: Correct. BOWMAN: So I would assume that would be covered. Okay, thank you GIFFIN: Any more discussion on this motion? Hearing none, Maija? COTTLE: Thank you. Okay, I’ll take the roll. Commissioner Iokepa IOKEPA: Aye. COTTLE: Commissioner Hickcox? HICKCOX: Aye. COTTLE: Commissioner Bowman? BOWMAN: Aye. COTTLE: And Chair Giffin? CO GI The discussion ended at 11:10 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 20 EXHIBIT A