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HomeMy WebLinkAbout2022-12-01 Windward Exh A (Item 1 Orchidland Neighbors PL-SPP-2022-000013) WINDWARD PLANNING COMMISSION COUNTY OF HAWAI`I HEARING TRANSCRIPT DECEMBER 1, 2022 A regularly advertised hearing on the application of ORCHIDLAND NEIGHBORS (PL-SPP-2022-000013)was called to order at 9:10 a.m. in the County of Hawaii Council Chambers in Hilo, 25 Aupuni Street, Hilo, Hawaii with Chair Dennis Lin presiding. COMMISSIONERS PRESENT: Dennis Lin, Gilbert Aguinaldo, Lauren Balog, John C. Cross, Louis Danielle III ABSENT AND EXCUSED: Wayne De Luz ALSO PRESENT: Sinclair Salas-Ferguson Esq. (Counsel for the Commission), Jean Campbell, Esq. (Counsel for the Planning Department), Jeffrey Darrow(Deputy Planning Director), Clinton Mercado (Planner), Janice Hata(Zoom Host), Maija Jackson Planning Program Manager), and Melissa Dacayanan-Salvador (Windward Planning Commission Secretary) And eight members from the public in attendance. APPLICANT: ORCHIDLAND NEIGHBORS (PL-SPP-2022-000013) Application for a Special Permit to develop and operate a multi-purpose community facility on approximately 4.0 acres of land in the State Land Use Agricultural District. The subject property is located at 16-1661 36th Avenue, approximately 530 feet northwest of its intersection with Orchidland Drive, Orchid Land Estates, Kea`au, Puna, Hawaii, TMK: (3) 1-6-010:005. LIN: We will move on to the Item#1. Applicant is Orchidland Neighbors, application number PL-SPP-2022-000013. Application for a Special Permit to develop and operate a multi-purpose community facility on approximately 4.0 acres of land in the State Land Use Agricultural District. The subject property is located at 16-1661 36th Avenue, approximately 530 feet northwest of its intersection with Orchidland Drive, Orchid Land Estates, Kea`au, Puna, Hawaii, TMK (3) 1-6-010 parcel number 5. So,I'll call up the first testifier here in-person, as we wait for the Zoom to resume. First is Sherri Carden. Sherri, if you could please come up the testifier mic. Sherri Carden in the audience speaking[indecipherable] LIN: Oh, okay, okay. That's fine. Okay. Sherri Carden and another female in audience speaking[indecipherable] LIN: Okay, so you guys will be part of the applicant's presentation then. Okay. That's fine. Next is Roy and Stephanie Bath. BATH: Good morning,thanks folks for serving the people of Hawaii. 1 EXHIBIT A LIN: Oh,Ms. Bath, I have to swear you in first. So, if you could please raise your right hand. Do you swear or affirm to tell the truth on this matter now before the Windward Planning Commission? BATH: Yes. LIN: Okay,please state your name and the area you live in, and you may begin,you have three (3)minutes. BATH: Thank you. Um' Stephanie Bath, I live in lower Hawaiian Acres where it is adjacent to Ainaloa and Orchidland. First, I want to thank all of you for serving. I really appreciate this opportunity to testify on behalf of Orchidland Neighbors. I was really excited when I heard what they have in store for the community. As you all are very aware the Puna Community Development Plan which was adopted by ordinance in 2008 has been slow in its movement of implementation. So,when a non-profit such as this one comes forth to sort of collaborate with the County in a way to deliver levels of service that is sorely lacking for our area, it's exciting. I really like that there's going,the proposed project has a commercial certified kitchen where people can go in and processed their agricultural goods. Fortunately,the State doesn't require beekeepers that have a certain volume to have a certified kitchen but if somebody does have more of that it would lend itself. I like the idea that it has a closed in gathering place. You've already gotten my testimony I'm sort of repeating myself,but our Cert Team meets at the Church of Jesus Christ of Latter-Day Saints and sometimes they're not available or when we get there the gates aren't open because somebody's you know for whatever reason. So,the idea of having a closed-in place where we can meet is really great. I know that there's a Community Association within the subdivision,it's exciting that they can complement each other. Also,the location of it is good because we've got Kaleo's,we've got the church, we've got Blanes,we've got that whole commerce area . And then we've got,I understand that the Community Association was on the corner right there. So,it'll all kind of be within a reasonable area. Again, I do live in Hawaiian Acres considering the connectivity locations that is part of the community development plan. There will be a redundancy of roadways and we learned from Leilam that we need to overlay these communities and subdivisions. Each subdivision really isn't an island. In Hawaiian Acres we have the pair,that the only emergency access road connecting upper and lower Puna going in front of our place. And the traffic is not always good but the mattresses that are dumped on the road is even worse. But we need to make sacrifices,we need to make adjustments as a County, as this population is just skyrocketing. So,to me, anybody that has a mindful way of delivering services should really be considered as long as they are in alignment with the Puna Community Development Plan. If they are not,I would say scrap them. In this case,they are. Thank you very much. LIN: Thank you so much for your testimony. Janice, is Robyn now available,Ms. Evans? HATA: I did get a notification from Ms. Evans that she will start her video later. So, Robyn could you confirm that whether you'd like to provide your testimony at this time or when the item agenda is called? LIN: The agenda item has been called Janice, so, she can start anytime she is ready. HATA: Oh, okay. LIN: Yeah. 2 EXHIBIT A HATA: I can request for her to unmute, and I'll see if she responds. [silence for about 10 seconds] I'm not getting a response from Ms. Evans, so,not sure if she's at her computer. LIN: Okay,we will move on to the staffs presentation and then we will give Ms. Evans another try at that time. HATA: Okay. LIN: So, staff presentation, Clinton. MERCADO: Mahalo Chair Lin. Hello,testing. Aloha and good morning,everyone. Thank you. Yes,good morning we'll begin with the location map. The subject 4.0-acre parcel shown in blue is located in the Puna District of Hawaii island more specifically in the Orchid Land Estates Subdivision. The project area is mauka of Highway 130 and approximately 530 feet north of 36th Avenue Orchidland Drive intersection. The applicant is requesting a Special Permit to develop and operate a multi-purpose community facility on approximately 4 acres of land in the State Land Use Agricultural District. The applicant has proposed a five (5)phase development of the subject property as funding becomes available within an estimated completion date of January 2027. Phase I will be grading of approximately 3.7 acres of the property in preparation for new development and fencing. Phase 2 a general goods and agricultural products open market. Phase 3 the construction of a community center building and covered pavilion. The building will consist of a commercial kitchen, meeting hall, office space,restrooms, and storage. Phase 4 the construction of the concession,pavilion, restrooms, and storage building. And finally Phase 5 the construction of a skatepark, soccer field, and a maintenance and security building. The facilities estimated hours of operation will be from 8:00 a.m. to 9:00 p.m. daily,except for the commercial kitchen use which will be from 5:00 a.m. to 9:00 p.m. and the open market which will be from 7:00 a.m. to 2:00 p.m. when those are scheduled. Reason for the request. The buildings and the athletic facilities envisioned for the project will house community-based programs,meeting spaces for emergency and community needs,office and storage space for the community emergency response team sponsored by County of Hawaii Civil Defense, Orchidland Neighborhood Watch, Orchidland Neighbors, and Orchidland Neighbors Food Basket. More specifically, the facility will satisfy the need for rentable space identified by the broader community. These include an open market area, a place to hold various meetings, a commercial kitchen, and recreational activities. Next,we move into the zoning map. The subject property and the surrounding properties are zoned Agricultural-3 acres. Which is shown in light blue. The subject property and all surrounding properties are designated Agricultural by the State Land Use Commission. The General Plan LUPAG map and Puna CDP Map. The General Plan Land Use Pattern Allocation Guide map designates the subject property and surrounding properties as Rural. Shown in the mustard yellow. Properties further makai near and within the Orchidland Neighborhood Village Center are designated as Medium Density Urban shown in orange. The Puna CDP Map shown on the right indicates the extent of the Neighborhood Village Center. So,this is a little bit outdated,the map,the GP map and we are currently working on updating it. Next, we'll dive into the applicant's proposed site plan that they provided. Here is a site plan,the applicant 3 EXHIBIT A showing a conceptual design of proposed project. Let me show a little bit of what's happening on the site plan here. So,to the left here is the 36th Avenue where they will have the entrance and exit towards the bottom of the screen and the top will be the emergency exit. Next,we have the skate park with a picnic area. The little square on the bottom here is the maintenance and security building. These are all just parking area, that pretty much wraps around this area and in the middle is the community center and pavilion. These 4 circles are the water tanks, H2O. Toward the top is the storage containers, 3 of them. This area is the open market vendor,where they will set up their canopies when they are doing their open market days, excuse me. And then to the right is the soccer field and towards to the bottom of the screen will be the concession,pavilion,restrooms, storage etcetera. And then in the middle of the parking area will be the septic tank. Excuse me,yes and so the perimeter is the walking path which will between the walking path and the property lines around the whole perimeter will have vegetation installed for noise and visual. Landscaping, excuse me. Next,we'll move to the aerial photo. Here are some aerial photographs of the property outlined in blue and their surrounding area. The upper left is a zoomed-out view of the area which is characterized by a mix of farms, single-family residences, and vacant undeveloped parcels. The bottom right is a closer view of the subject property. Just to note,this is an older photo of the property. On the bottom right it is showing that it's vegetated,but the property has been recently grubbed and graded already. Fully,the whole property. Next is the site photos. The image on the left,the top left is looking southeast from 36th Avenue towards Orchidland Drive with the project site on the left. The image on the bottom right is looking northeast, excuse me,northwest from 36th Avenue towards Kea`au with the project site on the right. The image on the top left is looking northeast at the project site from 36th Avenue. The image on the bottom right is looking northwest from the intersection of 36th Avenue and Orchidland Drive. The Planning Director's recommendation is an approval with conditions and that concludes my presentation. Chair Lin,thank you. LIN: Thank you Clinton. Janice we're going to give Ms. Evans one more try if she wants to go on or did she leave? HATA: Ms. Evans actually left the Zoom shortly. LIN: Okay. HATA: Awhile ago. Yeah. LIN: Okay, at this time,then public testimony is now closed. I will ask the applicant to come up and then we'll do questions after. Okay. MERCADO: Thank you. LIN: So,if the applicant or their representatives would you please come up. [Four females from the audience came up to the testifier table] LIN: Okay, I'll have to swear you in first. So,we'll go one by one. If you'd please raise your right hand. Do you swear or affirm to tell the truth on this matter now before the Windward Planning Commission? 4 EXHIBIT A FEMALE WEARING A PURPLE BLOUSE: I do. LIN: Do you swear or affirm to tell the truth on this matter now before the Windward Planning Commission? FEMALE WEARING A PINK DRESS: I do. LIN: [Addressing female wearing a light green blouse] Actually I'll do you too,make it easier. Sorry, do you swear or affirm to tell the truth now on this matter now before the Windward Planning Commission? FEMALE WEARING A LIGHT GREEN BLOUSE: Yes, I do. FEMALE WEARING A BLACK SWEATER: I do. LIN: Okay,who will be speaking first? FEMALE WEARING A PURPLE BLOUSE: I will. LIN: Okay. If you'll please state your name and area you reside in and who you represent. Thank you. ASTE: I'm Virginia Jenny Aste. I'm the President of Orchidland Neighbors at this time and I live in Nandwale,but I lived in Orchidland for about 2 years and became involved in this project. I did work with Bonnie Goodell on the Puna Community Development Plan and became interested in community planning and the village concept of community planning at that time. Interconnectivity to foster activities and services in each community which could be accessed cross ways instead of out on a highway and back,okay. So those things are important to me. I want to thank the Commission for being so patient and giving us such good guidance. We decided that we could not afford a consultant to do our Special Permit application and so we sat at a table for many hours and developed it ourselves. And I want to thank Christian and Clinton for their help. I want to thank the Commission for taking the time to consider this as well. And I wanted to especially mention Andrews Farms community people who helped us with the clearing of our 4 acres. We have a vision which is common to many communities that they have a gathering place, that they have a place for recreation, a place for education, a place for communication, and a place for emergency. We do not have that in Orchidland. At the same time,we draw from a number of subdivisions because there is a business center there, a gas station, a grocery store and so forth. We see the community growing. Orchidland has about 2,400 lots by planning standards of 3 people per lot it would be about 3 times 2,400. So, that's what we can look out for built out,it's not there yet,but you can see by the number of houses that it is growing, and it is Ag land, and we need a Special Permit to achieve our vision. The vision is a multi-purpose community center which would have as it was shown a pavilion or hale and containers along the side that would serve as our emergency and offices. That would probably be one of the first things we would put in and then there would be also the open market. These things,these needs grew as the community grew and there was a survey done in 2015 which showed that those were things that people wanted. They also wanted recreation areas for their children. There is nothing. There are no parks in Orchidland. So, that's our vision. We are 501(c)(3). We've gone ahead and plotted it out for you and giving you our application and we hope that we've answered most of the questions. I believe that the County of Hawaii is, and the Planning Commission is authorized to give Special Permits when there is a public need or when there is a need to access services 5 EXHIBIT A in a community. I think that is the exception under which we come. Otherwise,we've satisfied most of the other things that you asked including not taking away high value agricultural land. We are not that. It was grazing land and it is considered pretty low on the scale. Thank you. Now,what I'd like to do is have Sharon McCartin speak and then Sherri Carden and then Barbara Arthurs. LIN: Okay, same process. Please state your name,the area you live and then you can continue. MC CARTIN: My name is Sharon McCartin, I live in Orchidland, I'm on the Board of Orchidland Neighbors and I want to thank as far as the Commission for allowing us to speak before you. But I especially like to thank Clinton and Christian for helping me get through EPIC. I really love the EPIC program. I know people have complained about it but there were some problems. But everything worked out and basically,I just want to say thank you to them and thank you to the Commission for hearing us today. CARDEN: Aloha,my name is Sherri Carden. I've lived in Orchidland for over 20 years and was very aware of the needs in the community with the neighborhood and all the things that people wanted and had dreams of doing. I really appreciate the work that this organization has done to help manifest that dream and I appreciate the Planning Commission in seeing the value of that and giving their thumbs up on it. Because it means a lot to the people who live in Orchidland that feel sometimes a little bit left out when there is a lack of facilities or a lack of an appropriate place to be creative or to talk to one another or to move forward in things that are valuable to them. So, I appreciate all the work that Orchidland Neighbors has done with all their research,with all their punctuality and all the crossing the I's and the T's and just making everything so that it moves smoothly and is easily understood. It's not a complicated process. It would be very valuable not just for Orchidland but in the surrounding communities and for East Hawaii as another special place that meets the needs that aren't being met already. It's my hope that as this project comes together that they'll be able to embrace what needs to happen in our community and in East Hawaii as a whole, and as well as collaborate with other facilities,other organizations, create unity and embrace diversity because we're all just a little bit different. We all have something that we want to do to make East Hawaii a better place to be and I think with a facility like this it is bound to help. So, I appreciate your consideration,I appreciate Orchidland Neighbors for all the work they've done to help bring this to this point. So,thank you for this opportunity to speak. ASTE: Barbara. ARTHURS: My name is Barbara Arthurs and I've lived in Orchidland for about 20-30 years or so. We bought our property back in 1971 and I have seen it grow in terms of the number of people who have moved in,the development that's gone on. It is an agricultural area. My purpose for saying a few words is really to extend our appreciation to Christian Kay and to Clinton. Clinton,thank you for your presentation. I couldn't have done any better,I mean, golly,you've got the points nailed down and for the Commission I know the members and Chair Dennis that you all have already seen what we have submitted, and you have considered it. And our friend Zendo Kern,who has been behind the scenes has supported us basically from the beginning when we started to explore this project and realizing that we would have to submit a Special Permit application. Mahalo to all of you, for really recognizing the fact that this project is estimated to be like minimally 3.5 million. However,like anything else, like how do you eat an elephant, a bite at a time. It's a big project, it'll take several years but we figure that this is something so needed, it is so needed, and we know that from our food basket distribution program. Our food basket distribution is the last Wednesday of each 6 EXHIBIT A month. We serve about 200 families or 200 households. People come not only from Orchidland subdivision,they're coming from Ainaloa, they're coming from HPP,they're coming from Hawaiian Acres. If you can believe some people drop by from Hilo and of course we have our friends who come from Kalapana. So,we serve not only Orchidland Estates residents but people in Puna. I can't imagine anyone not supporting this. The big support is your heart. The bigger support will be the dollars. So,with your Special Permit recognition and granting that to us our hope is that we will begin to find and receive the kind of funding that we need to make this actually happen. It's a dream! Dreams comes true,if you work at it and particularly if we've got other supporters backing the whole concept of providing something that is so very much needed in our community. So,mahalo to all you and I recognize Mr. Gilbert Aguinaldo,who was from Hawaii Community College, and I actually retired from Hawaii Community College as a Vice Chancellor for Student Affairs and that's the kind of person that serves the community and we all hope that all of you are serving, I don't know why we're calling it Windward Hawaii Island. We always think of it as East Hawaii. But thank you so much for all your support. Mahalo. ASTE: [Raising her right hand] I have just one last quick comment. We are a resilience hub with vibrant Hawaii, and we participated in the makahiki that was held in Nandwale and we are on the, I forget the name of the committee,but the economic development arm of vibrant Hawaii. We are that. We've done a lot of things without a structure. So many things in the community that we are asked to do and now we're asking for structure. Thank you. LIN: Thank you so much. At this time, Commissioners do you have any comments, questions? If not, I do have one. We saw some communication coming back and forth between the Community Association and Orchidland Neighbors. My biggest concern was I see that there's gravel roads,right, all throughout Orchidland. So,because of increased foot traffic and car traffic is the Association charging you guys a specific fee for maintenance of that the surrounding roads of your parcels? ASTE: Not yet,but I expect they will, and I think in our application it states that we are open to whatever they propose. So,we'll wait and see. LIN: Okay. ASTE: I don't, so I don't know,but we're willing to work with them and do what they ask. LIN: Okay. ARTHURS: Can I add to that. The Orchidland Community Association does assess the MRMA's the Mandatory Road and Maintenance Assessment. The basic fee currently is$250.00 per lot, per year and that's for residential. But they also have a schedule for businesses and other uses that are permissible in Orchidland. So, as this project begins to materialize it would be definitely expected that we'll be assessed more as far as our MRMA's is concerned. But for now,we are up to date in our payment, and they haven't said anything yet that they are going to raise it and I would say to them,hold off until we really have something there that we can really use the property. Because right now it's been bulldozed and that's a big thing for us,that's a really big thing. But I don't think that having bulldozed it, that they will charge us a business rate just yet. LIN: Thank you. Anybody else. 7 EXHIBIT A DANIELE: I have a quick question. LIN: Go ahead Commissioner. DANIELE: I'm just curious,I mean,you guys had set out a pretty tight timeline for this project. You feel confident that the funding will come in, since your 501 (c)(3),you know, 3.5 million. I'm just curious if that timeline is really doable? ASTE: Well,what if it isn't? I mean, all we can do is keep working on it and we're hoping, all we could do is put down estimates in this because until you get, it's catch 22,you want to ask for funding but until you get the Special Permit you can't really say to people,we've got it, give us your donation. We were very fortunate with Andrews Farms on our grading,we used our 501 (c)(3) status there and we are in the process of designing a fundraising campaign and that's really all I can tell you. If it takes longer and we don't make by the exact deadlines we've put down there,we did the best we could to estimate it and we'll complete it as soon as we can. DANIELE: Great,thank you. LIN: Anybody else. MERCADO: On the background and rec there's a ten year,with a possible I0-year time extension, administrative time extension. ASTE: We may not [indecipherable] [giggling] LIN: Thank you very much, any other questions? If not,I'll entertain a motion. AGUINALDO: I entertain a motion to approve. I move that the application for Special Permit Docket No. 2022-000013,be approved based on the Planning Director's recommendation,which shall be adopted. LIN: Thank you Commissioner Aguinaldo. Is there a second? DANIELE: I'll second that. LIN: Okay, it's been moved by Commissioner Aguinaldo and seconded by Commissioner Damele for approval of the Special Permit based on the Planning Director's recommendations. Staff if you could please take a roll call vote. Sorry,is there any discussion, sorry on the vote. No, okay. Roll call vote please. MERCADO: Okay,thank you. Commissioner Aguinaldo? AGUINALDO: Aye. MERCADO: Commissioner Damele? DANIELE: Aye. MERCADO: Commissioner Balog? BALOG: Aye. 8 EXHIBIT A MERCADO: Commissioner Cross? CROSS: Aye. MERCADO: Commissioner De Luz, oh, excuse me, De Luz is excused and Chair Lin. LIN: Aye. MERCADO: Thank you, five to zero,the ayes have it. LIN: Okay, thank you. MERCADO: Thank you. LIN: You guys be notified in writing of our decision. Thank you. MERCADO: Mahalo Chair Lin. The item ended at 9:46 a.m. Respectfully submitted, Melissa Dacayanan-Salvador, Secretary Windward Planning Commission 9 EXHIBIT A