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HomeMy WebLinkAbout2023-07-07 DRAFT Windward Exh A (Item #1 & #2 Dennis Schmitz) WINDWARD PLANNING COMMISSION COUNTY OF HAWAI`I HEARING TRANSCRIPT (DRAFT) JULY 7, 2023 A regularly advertised hearing on the application of DENNIS SCHMITZ (PL-SMA-2023- 000029 and PL-REZ-2023-000041)was heard at 9:13 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, Lauren Balog, Louis Daniele III, and Wayne De Luz. ABSENT AND EXCUSED: John Cross and Chantel Perrin. ALSO PRESENT: Suzanna Tiapula, Esq. (Counsel to the Commission), Jean Campbell, Esq. (Counsel to the Planning Department), Zendo Kern (Planning Director), Jessica Andrews (Planner), Alex Roy (Planner), Tracie-Lee Camero (Planner), Janice Hata(Zoom Host), Maija Jackson Planning Program Manager), and Melissa Dacayanan-Salvador (Commission Secretary). And eight public members in the audience. APPLICANT: DENNIS SCHMITZ (PL-SMA-2023-000029) Application for a Special Management Area Use Permit to allow for the development of a four (4) lot agricultural subdivision on 20.027 acres of land. The subject property is located to the north (makai) of Old Mamalahoa Highway approximately 270 feet east of its intersection with Milo Street, Por. Of Humu`ula and `O`okala, North Hilo, Hawaii, TMK: (3) 3-9-001:024. APPLICANT: DENNIS SCHMITZ (PL-REZ-2023-000041) Application for a Change of Zone from an Agricultural (A-20a) zoning district to an Agricultural (A-5a) zoning district for 20.027 acres of land. The subject property is located to the north (makai) of Old Mamalahoa Highway approximately 270 feet east of its intersection with Milo Street, Por. Of Humu`ula and `O`okala, North Hilo, Hawaii, TMK: (3) 3-9-001:024. Secretary's Note: [indecipherable] indicates that there were technical and/or internet difficulties, which made the conversation inaudible. LIN: Moving on to agenda Item No. 1 Dennis Schmitz, application PL-SMA-2023-000029. Application for a Special Management Area Use Permit to allow for the development of a four(4) lot agricultural subdivision on 20.027 acres of land. The subject property is located to the north (makai) of Old Mamalahoa Highway approximately 270 feet east of its intersection with Milo Street, Portion of Humu`ula and `O`okala, North Hilo, Hawaii, TMK: (3) 3-9-001 parcel number 24. Okay. Tracie, are you presenting on both of them? So, do you want, am I doing one first and then the other or— I EXHIBIT A(DRAFT) CAMERO: I am presenting on both of them. They are going to be in one presentation — LIN: Okay. CAMERO: — it's a rezone that is concurrent with the SMA. LIN: Okay, then I will also call agenda Item No. 2. Applicant is Dennis Schmitz, application PL-REZ-2023-000041. Application for a Change of Zone from an Agricultural (A-20) zoning district to Agricultural (A-5a) zoning district for 20.027 acres of land. The subject property is located to the north (makai) of Old Mamalahoa Highway approximately 270 feet east of its intersection with Milo Street, Portion of Humu`ula and `O`okala, North Hilo, Hawaii, TMK: (3) 3-9-001 parcel number 24. Tracie, please proceed with staff presentation. CAMERO: My apologies, one second please. Janice, can you see this presentation? HATA: Yes, I can. CAMERO: Perfect. HATA: Thank you. CAMERO: Thank you so much. Good morning, Chair, and members of the Windward Planning Commission. Before you today we have the Dennis Schmitz's Change of Zone application PL-REZ-2023-041 as well as a Special Management Area Use Permit application PL-SMA-2023-029. The subject property is located within the `O`okala District of North Hilo, Hawaii. Before you today the applicant's request. The applicant is currently requesting a Change of Zone from the Agricultural—20 acres zoning district to the Agricultural—5 acres zoning district and a Special Management Area Use Permit to allow for the development of a 4-lot agricultural subdivision on a total of 20.027 acres of land. If the requested land use entitlement changes are approved, the applicant is proposing to subdivide the property into 4 lots, consisting of 5.027 acres, and 5 acres in size in order to continue and expand the grazing, orchard, and crop activities by subdividing the property to allow for more intensive farming by the individual family members. The applicant currently anticipates the property will be subdivided within 3 years and is anticipated to cost around, somewhere around $200,000.00. On the screen before you is the County zoning map. The current zoning of the subject property as indicated on the red on your screen is Agricultural-20 and you can see it's within the darker green shades. More mauka of the subject property is a property that the Windward Planning Commission had previously heard. Their current zoning is FA-I acre shown to you in the blue. To the north of the property is a MG-1 acre, which was the old industrial site of the `O`okala Mill and further mauka is Residential-10,000 square feet acres, 10,000 square feet, sorry. 2 EXHIBIT A(DRAFT) The State Land Use designation for the map is Agricultural as well as Conservation and oh, okay. Sorry, on my screen I can't really see the Conservation, but I just wanted to make sure you guys can see the Conservation. It is located within the blue area along the makai portion of the subject property. The subject property to the north is located within the Urban district. The Land Use Pattern Allocation Guide (LUPAG) Map for the subject property does show that the property is located within an Industrial area shown in the gray and an Urban Expansion Area shown in the breakthrough. A small portion of it is within the Low Density Urban and the makai portion of the property is located within the Open District. The Planning Director did make an interpretation that the subject property is located within the Urban Expansion. In the following slides we'll show you a discrepancy that is currently within the LUPAG map as well as the Hamakua CDP. However, that is something that the Director has addressed in his letter to the applicant it is within the application packet, and it will be addressed with future General Plan changes as well as CDP changes. So, this is the Hamakua CDP Map which you can see that the subject property is located within the Important Agricultural Lands as well as the Open Area along the makai portion. So, this is kind of where the discrepancy is. However, the Director did make the interpretation that the subject property is located within the Urban Expansion. This is the current aerial photograph of the subject property. Currently on the property there is a house as well as a garage. The applicant does live within the house and plans to reside in that house as he does plan to subdivide the property. This is an aerial photograph of the subject property looking mauka. Based on the comments that were received from DOFAW, DOFAW had indicated there was a canoe landing located within the makai portion of the property. So, staff went out there and due to the steep nature of the cliff there were no good clear photos that we could get from the top of the pali. So, we thought of showing the Commission an aerial photograph from the shoreline. We could not find any remnants of the canoe landing; it is in the record that there was some sort of a canoe landing historically. There is a possibility that the canoe landing is submerged at this time and due to the steep nature of the cliff approximately 200 feet we were not, the Director was not recommending any public access requirements due to the safety of the property. Before you is the conceptual subdivision map. To the left of your screen you can see the ocean, portion of the property within the 40-foot setback from the top of the pali there is an existing fence that the applicant will be removing prior to subdivision. This just kind of shows the Commission the 4-lot subdivision that will all going to be within 5 acres. The access to the subject property is shown to you from the right side. The right portion of the screen which is going to be through a utility and roadway easements through the property owner that's to the mauka of this property, Mr. Cardoza. On your screen is a site photo. This is looking down at the property from Old Mamalahoa Highway. There's currently an agricultural easement that leads to this property as well as other properties in the area that the applicant currently uses to access his property. To the right of this is Mr. Cardoza's property that had come before the Windward Planning Commission. We really just wanted to show you these photos to show that the house you can see from Old Mamalahoa Highway. While there is a slope in the nature of the area, you can still kind of see the house as well as all the ironwood trees that do block the view of the shoreline and well of the sea from this area. 3 EXHIBIT A(DRAFT) On the left of your screen there is a photo of the existing dwelling of the subject property and to the right is the existing garage that is currently located on the subject property. As stated, the applicant does plan to stay within these structures and does not plan to remove them. These site photos on the left is a view of the subject property facing east. You can see on the left portion of the screen that the current property is vacant of structures. It is used for cattle and grazing and then to the right of that picture is the neighboring property, Mr. Cardoza. There is also existing utility easements that are shown with the telephone poles going through the property. This is along the border of the Moonlight Road which will be providing access to all of the lots. To the right of your screen is the portion of the property where Moonlight Road will be adjoining and will be providing access to the subject properties that are being proposed in this subdivision. The current width of that road is approximately 60 feet. It's pretty wide and it's an existing road that was that there from the old `O`6kala Mill and that is planned to be used by that applicant, Mr. Cardoza as well as Mr. Schmitz together to create the easements for the subdivision. So, the Planning Director is recommending a favorable recommendation be forwarded to the County Council and that concludes my presentation. I can turn it back to the Chair. LIN: Thank you Tracie. Any questions for Tracie? KERN: Mr. Chair, if I may? LIN: Yeah, go ahead Director. KERN: I just want to clarify that we are recommending a favorable recommendation for the rezoning and approval of the SMA permit with conditions. Thank you. LIN: Thank you. So, any comments or questions for Tracie? If not, we'll move on to the applicant's presentation. So, will the applicant or their representative please come forward. TWO MALES FROM THE AUDIENCE CAME UP TO THE TESTIFIER TABLE LIN: I'll swear you both in at the same time. So, if you could please raise your right hand. Do you swear or affirm to tell truth on this matter now before the Windward Planning Commission? TWO MALES AT THE TESTIFIER TABLE: I do. LIN: Okay, please speak directly into the microphones, state your name, the area you reside in and whom you represent. And the question I have to ask is, have you received the Background and Recommendation Reports from the Planning Department and do you agree with the recommendations and the proposed conditions. ARAI: Good morning, Mr. Chairman and members of the Windward Planning Commission and Planning Director Kern. My name is Daryn Arai, I'm a Land Use Planning 4 EXHIBIT A(DRAFT) Consultant assisting the applicant, Dennis Schmitz, with today's applications before you. Again, I reside in Hilo and Mr. Schmitz resides in `0'6kala on the subject property. We did receive the Background Reports and Recommendation Reports and we are in agreement with both the analysis as well as the proposed conditions for approval and favorable recommendation. We do appreciate the thoroughness and thoughtfulness of the review of these applications. The property itself, I mean, given its proximity to the former `0'6kala Mill, which as you saw on the maps that Tracie presented was the former mill site, industrial types of uses to the extent that even the subject property was designated for industrial uses before Director Kern clarified that the property is the Urban Expansion Area. But clearly, historical uses focused on these lands possibly being developed for additional urban type of uses. Mr. Schmitz and the intention of the rezoning application and the SMA is to provide opportunities to his family to further cultivate the lands for agricultural purposes and that's in line with the Hamakua Community Development Plan (CDP) which identified these lands for as Important Agricultural Lands as well as the high quality of the soils. Prime agricultural lands by ALISH as well as Class "B" soils if I remember correctly. So again, the intent here is to further cultivate the land as it has been historically used in pasture, used for cultivating various types of crops and most importantly providing opportunities for Mr. Schmitz's family members. I did wish to, and I do appreciate the thoroughness of the application that was presented by Tracie, it makes my job so much more easier. I've been doing this for a while, but I am still pretty nervous as you can tell. But that being said, we did wish to make one clarification. Is there a way to bring up the State Land Use map again that was shown? Planning Department staff shared the requested map on the screen. I just wish to wanted to clarify that this particular map, it is broad brushed, very broad brushed and it shows that the subject property outlined in red carries both the Agricultural designations as shown by the light green and Conservation district classification shown by the light blue. However, if you look at Exhibit 2 which is the SMA and Change of Zone application and if you look on page 8 of the application Figure 6. The applicant went through probably a year effort with the State to certify the shoreline along the top of pali within the subject property and it confirms that the Conservation district actually occurs makai of the top of pali. So, the proposed subdivision basically delineates along the top of pali. So, arguably and the State Land Use Commission basically confirmed that the Conservation district actually begins makai of the property where the top of pali resides. So, I just want to make it clear that it gives the impression that there's a chunk of land within the subject property that's Conservation. The State has actually determined that the property itself is not within the Conservation district. So, I just wanted to make that clear. But otherwise we're in full agreement with the recommendation and the proposed conditions of approval. So, we stand ready to answer any questions that you may have. LIN: Thank you Mr. Arai. Mr. Schmitz, do you have any comments you wanted to relay? SCHMITZ: No, I just appreciate everybody, I appreciate everybody taking time to listen to our application and consider it. 5 EXHIBIT A(DRAFT) LIN: Thank you. Commissioners, any questions? Seeing no questions, is there a motion for action on this application or well for. Yeah, let's do Item No.l which is the SMA and then we'll do Item No. 2 which is the rezone. So, in terms of Item No. 1, is there a motion for action? DANIELE: I move that the application for Special Management Area Use Permit, Docket No. PL-SMA-2023-000029 be approved based on the Planning Director's recommendations, which shall be adopted. LIN: It's been moved by Vice Chair Daniele, is there a second? DE LUZ: Second. LIN: Okay, it's been seconded by Commissioner De Luz. Any discussion on this motion? Okay, seeing none. A roll call vote for agenda Item No. 1. CAMERO: Thank you. Vice Chair Daniele? DANIELE: Aye. CAMERO: Chair De Luz? Commissioner De Luz, my apologies. DE LUZ: Aye. CAMERO: Commissioner Balog? BALOG: Aye. CAMERO: And Chair Lin? LIN: Aye. CAMERO: Thank you, the motion passes four to zero. LIN: Okay, thank you. Commissioner De Luz can be Chair next time. [Commissioners laughing]. Okay, we'll now move on to agenda Item No. 2, motion for action. If there are no other comments or questions. I guess I do have question, Director Kern. Is there a time limit on the rezone? KERN: No. LIN: No, okay. KERN: No, and the reason is we looked at it and it's consistent with the CDP, it's consistent for the future use of that area. So, we saw no reason to give a time limit on it. Thank you. 6 EXHIBIT A(DRAFT) LIN: Thank you. No further comments, thank you. A motion for action, anybody? DE LUZ: I move that a favorable recommendation be forwarded to the County Council on the application for Change of Zone, Docket No. PL-REZ-2023-000041 based on the Planning Director's recommendations, which shall be adopted. LIN: Thank you, it's been moved by Commissioner De Luz. Is there a second? DANIELE: I'll second that. LIN: Okay, seconded by Vice Chair Daniele. Okay, any discussion on the motion? Okay, if there is no other discussion. Staff roll call vote on agenda Item No. 2. CAMERO: Commissioner De Luz? DE LUZ: Aye. CAMERO: Vice Chair Daniele? DANIELE: Aye. CAMERO: Commissioner Balog? BALOG: Aye. CAMERO: And Chair Lin? LIN: Aye. CAMERO: The motion passes four to zero. Thank you. LIN: Okay, Mr. Schmitz you'll be notified via writing of our decision. SCHMITZ: Thank you very much. LIN: Thank you. ARAI: Thank you Commissioners, thank you Director. 7 EXHIBIT A(DRAFT) The item ended at 9:33 a.m. Respectfully submitted, Melissa Dacayanan-Salvador, Secretary Windward Planning Commission 8 EXHIBIT A(DRAFT)