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HomeMy WebLinkAbout2023-09-01 Windward Exh A (Item #1 Shawn & Stephanie Ching) WINDWARD PLANNING COMMISSION COUNTY OF HAWAI`I HEARING TRANSCRIPT SEPTEMBER 1, 2023 A regularly advertised hearing on the application of SHAWN AND STEPHANIE CHING (PL-REZ-2023-000044)was heard at 9:06 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, Louis Daniele III, John Cross, Wayne De Luz, and Chantel Perrin (from 9:43 a.m.). ABSENT AND EXCUSED: Lauren Balog ALSO PRESENT: Suzanna Tiapula, Esq. (Counsel to the Commission), Jean Campbell, Esq. (Counsel to the Planning Department), Jeffrey Darrow (Deputy Planning Director), Jessica Andrews (Planner), Clinton Mercado (Planner), Alex Roy (Planner), Tracie-Lee Camero (Zoom Host), Christian Kay (Acting Planning Program Manager), and Melissa Dacayanan-Salvador (Commission Secretary). And eight public members in the audience. APPLICANT: SHAWN & STEPHANIE CHING (PL-REZ-2023-000044) Application for a Change of Zone from a Family Agricultural-3 acres (FA-3a) zoning district to an Agricultural-5 acres (A-5a) zoning district for 34.559 acres of land. The subject property is located at 47-5211 Old Mamalahoa Highway, approximately 0.5 miles southeast of its intersection with Mamalahoa Road, Por. Parker Ranch, Kapoaula, Kamoku, Hamakua, Hawaii, TMK: (3) 4-7-007:048. Secretary's Note: [indecipherable] indicates that there were technical and/or internet difficulties, which made the conversation inaudible. LIN: We first have the agenda Item #1 applicant is Shawn and Stephanie Ching. Application number PL-REZ-2023-000044. Application for a Change of Zone from a Family Agricultural-3 acres (FA-3a) zoning district to an Agricultural-5 acres (A-5a) zoning district for 34.559 acres of land. The subject property is located at 47-5211 Old Mamalahoa Highway, approximately 0.5 miles southeast of its intersection with Mamalahoa Road, a portion of Parker Ranch, Kapoaula, Kamoku, Hamakua, Hawaii, TMK: (3) 4-7-007: parcel number 48. At this time, staff Jessica? Thank you. ANDREWS: Thank Chair, hello, good morning. This is the presentation for a Change of Zone for Shawn and Stephanie Ching. This slide shows the location map of the subject property which you can see in red and [indecipherable]just to the east of the town of Waimea in the South Kohala District. The applicant's request is a Change of Zone from a Family Agricultural-3 acres zoning district to an Agriculutural-5 acres (A-5a) zoning district for 34.559 acres of land. The 1 EXHIBIT A property has been improved with an existing dwelling, which was built in the 1950's, as well as a barn and a tack room. The remainder of the property is used intermittently for cattle grazing and cultivation of fruit trees and the reason for the request is that the current landowners are requesting to down-zone. Since they do not intend to develop the property according to the plans of the previous landowner, which were consistent with FA-3a Family Agricultural-3 acres zoning. The applicants plan to subdivide the property into six (6) lots, consisting of a minimum size of five (5) acres each and four(4) lots will be retained for members of the applicant's family and the remaining two (2) lots will be sold to buyers interested in truck crop farming and/or agricultural activities consistent with the proposed A-5a zoning. This slide shows you the County zoning and the property is outlined in red. As you can see the zoning is currently FA-3a and surrounding properties are predominately zoned Agricultural 40 acres as you see in the bright teal. Just adjacent to the property is a property zoned A-20a and then to the west there are Agricultural-I-acre smaller lots, Agricultural-5 acre, and there's one subdivision with Residential Single Family-10,000 square foot. The entire area including the subject property is designated Agricultural in the State Land Use District and the County General Plan designates the property Extensive Agricultural as of most of the properties in the area. There are some Rural designation to west and the light green is Important Agricultural Lands. This slide shows the applicant's site plan. The proposed subdivision with the 6 lots and as you can see it's a triangular shaped property bounded by Old Mamalahoa Highway and a road that actually goes by a couple different names. In our reports we refer to it as Waokele Street and it's also called Homestead Road and Vierra Road. This aerial photograph shows you the property again outlined in red. The surrounding area is predominately vacant or agricultural lands with dwellings, existing dwellings mostly to the west of subject property. And these slides shows you some views of the streets. This series of slides shows Old Mamalahoa Highway. The top slide shows the intersection with Waokele Street and the bottom 2 slides show Old Mamalahoa Highway with the subject property. So, on the slide on the left, the subject property is on the right-hand side and the slide on the bottom right you can see the subject property on the left. These slides shows the other street that bounds the property which is Waokele Street. The top slide shows the subject property run [indecipherable] view from Waokele Street of one of the existing structures and then the bottom 2 slides shows views facing to the northwest and southeast on Waokele Street. Which you can see is a much smaller road and the subject property is again on the right-hand side of the bottom left slide, and it's shown on the left-side of that right-hand bottom slide. With that the Director's recommendation is to forward a favorable recommendation to the County Council and I'll hand the floor back to the Chair. Thank you. LIN: Thank you Jessica. Commissioners, any questions for staff? Okay seeing none. We will move on to the Applicant's presentation. So, could the applicant or their representative please come forward. (Two males from the audience made their way to the testifiers 2 EXHIBIT A table). I'll swear you both in at the time, 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? Males at testifier table: I do. LIN: Okay, please speak directly into the microphone, state your name and the area you reside in and whom you represent. And I do also have to ask if you've received the background and recommendation reports from the Planning Department and if you agree with these recommendations including the proposed conditions. FUKE: Sure, good morning, Mr. Chairman and members of the Commission. For the record my name is Sidney Fuke, I'm here representing the applicant Shawn and Stephanie Ching and I reside in Hilo. CHING: Good morning, Chair and Commission members. Pleasure to be here this morning and my apologies, my wife could not make it so I'm here. I will be representing our family and I reside in Waimea and also on the island of Oahu. Thank you. FUKE: Mr. Chairman, we've had a chance to extensively discussed the staff's proposed background report and recommendation with the applicant and needless to say it was very comprehensive. We appreciate the favorable recommendation and the proposed conditions. So, they're acceptable. As your staff had indicated the intent is really like to down zone the property from its current Ag-5 to aw, I'm sorry, from FA-3a to Ag-5 and it's essentially trying to reduce the number of lots from eleven (11) down to proposed 6. It's like going from a size 11 to size 6, I guess, essentially. The basic concept is still the same. It's a family-oriented type of subdivision except for which it's a larger lot you'll have a more opportunity for variety of different types of agricultural activities more so with cattle grazing with a larger lot. The applicant's plan in the beginning is to, the ultimate goal is to eventually have 6 lots. Yes, they have 2 children and obviously for them and the 2 children is growing up. But they may want to do an initial 2-lot subdivision essentially to help underwrite the cost for the balance of the subdivision. So, they may subdivide the property in Phases rather than in one fell swoop because of the unanticipated off-site infrastructure requirements that may be associated with the subdivision of the property. Hoping beyond that we've received no adverse comments from the public agencies neither did the surrounding property owners raise any objections. So, we look forward to the Commission's favorable consideration of this proposal and we're happy to answer any questions you may have. LIN: Thank you Mr. Fuke. Any questions Commissioners? Mr. Ching, did you want to make any statements? CHING: No,just thank you, yeah. LIN: Okay, hearing no discussion. May I have a motion for action on this matter. 3 EXHIBIT A CROSS: I can make a move. I move a favorable recommendation be forwarded to the County Council on the application for Change of Zone, Docket No. PL-REZ-2023-000044, based on the Planning Director's recommendation which shall be adopted. LIN: Thank you. It's been moved by Commissioner Cross for a favorable recommendation. Is there a second? DE LUZ: Second. DANIELE: Aye. LIN: Seconded by Commissioner De Luz. Any discussion on this motion? Okay, seeing none. Staff, roll call vote please. ANDREWS: Thank you. Commissioner Cross? CROSS: Aye. ANDREWS: Commissioner De Luz? DE LUZ: Aye. ANDREWS: Vice Chair Daniele? DANIELE: Aye. ANDREWS: And Chair Lin? LIN: Aye. ANDREWS: Thank you. The motion passes with four votes. LIN: Okay, thank you. You'll be notified of the Commission's decision in writing. Thank you very much. CHING: Thank you very much. FUKE: Yeah, thank you very much and enjoy your Labor Day weekend. LIN: Thank you Mr. Fuke, you too! 4 EXHIBIT A The item ended at 9:17 a.m. Respectfully submitted, Melissa Dacayanan-Salvador, Secretary Windward Planning Commission 5 EXHIBIT A