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HomeMy WebLinkAbout2006-09-07 TTAKASE PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT SEPTEMBER 7, 2006 DR. ALLAN TAKASE (REZ 06-000044) A regularly advertised hearing on the application of was called to order at 9:33 a.m.in the County of Hawaii, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii with Chairman C. Kimo Alameda presiding. PRESENT:C. Kimo AlamedaABSENT & EXCUSED: Fred Galdones Andrew IwashitaBill Graham Jeffrey McCallRodney Watanabe Alvin Rho Allen Salavea Rene’ Siracusa Ivan Torigoe, Deputy Corporation Counsel Norman Hayashi, Planning Program Manager Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner And approximately 20 people from the public in attendance. APPLICANT: DR. ALLAN TAKASE (REZ 06-000044) Change of Zone from a Single-Family Residential – 10,000 square feet (RS-10) to a Multiple- Family Residential – 1, 000 square feet (RM-1) district. The property is located on the west side of Kinoole Street, approximately 180 feet south (Puna side) of the Kinoole Street – Olona Street nd intersection, Waiakea House Lots, 2 Series, Waiakea, South Hilo, Hawaii, TMK: 2-2-26:24. ALAMEDA:The next agenda item is Applicant, Dr. Allan Takase. This is a rezoning request, 06-000044, and with all rezonings we basically make a recommendation to the County Council, Change of Zone from a Single-Family Residential – 10,000 square feet (RS-10) to a Multiple-Family Residential – 1, 000 square feet (RM-1) district. Staff? HAYASHI:Thank you, Mr. Chair. Going to your overall location map, the subject property is indicated by this red dot and is situated along the northwest side of Kinoole Street. This would be Kinoole Street going towards the Puna direction and this would be in the Hamakua direction. This particular roadway is East Kawili Street. The Waiakea High School complex is located at this particular location. The University of Hawai`i campus is located here in the area shaded in yellow. To the rear of the subject property is the Hilo Meishoin Church, for those of you who are familiar with the area, and the Tohbi Hale Student Housing is located here. These brown-shaded areas are areas that are currently zoned for Multiple Residential-1,000, similar to what the Applicant is requesting. Across the street on Olona Street, one lot away from the subject property, at the corner of Olona and Kinoole Street, is Dr. Alice Adee’s rezoning EXHIBIT A 1 application that you recently heard. That particular request is currently pending with the County Council, it was recently submitted to the County Council. Dr. Takase is requesting the zone change in order to construct a two-story, 20-unit housing project, student housing apartment project. The structure would be located on the south side of the property. Again, this is Kinoole Street and this would be Olona Street, one lot away. The building would be constructed in this general configuration, and just remember that this is a conceptual drawing that the Applicant had submitted. The building would be two stories in height and, as I indicated earlier, would consist of 20 units, ranging from 640 to 800 square feet in size. Parking would be situated on the north side of the property. Driveway access would from Kinoole Street at this particular location. As a matter of information, besides the Meishoin complex and the Tohbi Hale student housing project, adjacent to both sides of the property which are currently zoned Single Family Residential are single-family dwellings. The property was previously used for single-family purposes; however, the house has since been demolished and the property has been cleared. The access to the property as indicated would be Kinoole Street, wastewater would be connecting to the County sewer line. The Planning Director is recommending approval with proposed conditions. Are there any questions? ALAMEDA:Fellow Commissioners? Seeing none, will the Applicant and/or his representative come forward? Good morning. Please raise your right hand. Do you swear or affirm to tell the truth now before the Hawai`i County Planning Commission? FUKE:Yes, I do. ALAMEDA:Thank you. Could you please state your name and address for the record? FUKE:Sure. My name is Sidney Fuke, I’m a planning consultant. I’m here representing Dr. Takase, who’s seated in the back. My office is 100 Pauahi Street, which is directly across of this building. ALAMEDA:Thank you, Mr. Fuke. FUKE:Thank you very much. Yeah, your staff’s report is comprehensive and proposed conditions are acceptable. I would like to note, however, that during the course of having this application processed, you know, either Dr. Takase or myself had had discussions with some of the surrounding property owners. And one of them, of course, is the University of Hawai`i at Hilo, and they did provide us a supportive letter indicating the dire need for additional student housing. In addition to that, I did talk to the neighbors on both sides of the property. The property owner on the north side is owned by Ku`ulei Springer and, you know, for those of you who are familiar with long-time politics, she’s the granddaughter of the first chairman, I think, of this island, Jimmy Kealoha. Anyway, her only concern was just that construction be EXHIBIT A 2 limited only during the week days and not on the weekends; and aside from that, you know, she felt that the project was very much needed. To the south side of the property is the property, there’s a Mr. Sekimura that owns the property; and their primary interest was just making sure that the project is developed along that line. Because from his standpoint he didn’t want to have the parking lot on his side of the property, and he also wanted to have the property fenced, which is what the Applicant intends to do. But aside from that, we had not received any other comments by virtue of the notices to surrounding property owners or the public sign that was posted on the property. ALAMEDA:Okay. Commissioner Siracusa? Question? SIRACUSA:I noticed that there was mentioned in the application that there would be landscaping, of course. And I’m wondering if Chapter 17 is pertinent to this or would it -? FUKE:Rule 17, the Planning Director’s Rule 17 is pertinent and it applies to all commercial structures or multiple-family structures such as this. So he will have to comply. So, as your staff has indicated, what was submitted was just a conceptual plan; and, so, a more detailed landscaping plan will have to be submitted in conjunction with the Plan Approval process. ALAMEDA:Commissioner Siracusa, follow-up? SIRACUSA:Thank you. Student housing is something that’s very sorely needed and I really applaud Dr. Takase for wanting to put it out there and provide some. I’d like, what I’m curious about is, I guess, process. How do you guarantee that the people, first of all, are these going to be rented furnished or unfurnished? And, second of all, how do you guarantee that the people who apply to become tenants are, in fact, students? FUKE:I’ll answer a portion of the question and maybe Dr. Takase can answer the balance. SIRACUSA:Okay. FUKE:But you’ll note that there was a proposed condition saying that this project is subject to the County’s affordable housing condition; and, so, they would have to at least set aside a minimum of 20 percent for, to qualify as affordable housing. But what Dr. Takase intends to do is to work with the Office of Housing and Community Development and come up with a housing plan that addresses the affordable housing of the students. And so when you execute an agreement with the Office of Housing and Community Development to qualify for affordable housing, then there is a mandate that the housing be kept for affordable rates for a minimum of a 20-year period. And that’s how it’s kind of like secured. Whether the units are going to be furnished or unfurnished, you know, I don’t know. But I would assume, and I might be speaking out of turn, but I assume that conventionally what’s done is that you just have the partially furnished which, you know, you would have your stove and your refrigerator. There EXHIBIT A 3 would be no laundry facilities, there would be a common laundry facility in the building but not in the respective units. ALAMEDA:Commissioner Siracusa? SIRACUSA:My main concern was because this is being promoted to us, proposed to us as student housing, and I think we would all be very supportive of something like that, I want to make sure that there are procedures in place to make sure that it stays that way and that it doesn’t, you know, change over time into something else, say, you know, more expensive housing or housing for people who are not affiliated with the University. So that would be worked up with a contract with -? FUKE:With the Office of Housing and Community Development, pursuant to the County Affordable Housing Code, correct. SIRACUSA:Okay. Thank you. ALAMEDA:So, Mr. Fuke, then there are assurances then that this will be student housing and not turn into other housing? FUKE:Unless, well, the only real assurance is like, you know, and if this is the way the Commission is looking at it is that, you know, if this is the issue that makes it whether the project should or should not be approved, at least multiple-family, then the only way you can do it is that, yes, you should have like a condition on the zone change that requires it be directed exclusively for student housing; and such that in years, maybe, you know, 15 or 20 years if it turns out not to be for student housing, then the only way the Applicant can have it for non- student housing is that he would have to go back again to the County Council to have that condition deleted. But, you know, whether that’s the route you want to take, well, you know, that’s really like up to the Commission and the County Council. Alternatively, as I mentioned earlier, because of the affordable housing requirement, they do have to set aside a separate agreement with the Office of Housing and Community Development, a minimum of 20 years. ALAMEDA:Okay. I have another question, real quick. Waiakea High School is where? FUKE:Waiakea High School, if you look at the map would be on the, you see where the green spot is -? ALAMEDA:Yeah. FUKE:On the lower side of the map, that’s also owned by the State and it’s designated Open. Waiakea High School would be directly on the makai, well, below that and a little bit to the left. ALAMEDA:Okay. Commissioner Siracusa? EXHIBIT A 4 SIRACUSA:Yes, I was wondering if Mr. Torigoe could give us some guidance about wording for that particular concern about keeping it in student housing? ALAMEDA:Mr. Torigoe? TORIGOE:Let’s see, well, I need a couple of minutes to consult with staff and see, you know, how that might be done. ALAMEDA:Okay. Any other questions? Commissioner McCall? MCCALL:Maybe just a point of discussion here. I’m not sure I would support having something put on here to make it exclusively for student housing. I mean, I think it would be desirable as student housing simply based upon its location next to the University. But anything that improves, that gives multiple housing, I mean, improves the housing situation in Hilo is going to improve the situation for student housing. I don’t see that we should be tying these guys down to being only for student housing. I’m also not, this would be something from Mr. Torigoe, but I’m also not sure that legally we can do that, whether that would be discrimination or, you know, that type of thing. ALAMEDA:I think, I have a contrary opinion but I want to save it for our discussion. I think probably Commissioner Salavea also would like to chip in on that, too. SALAVEA:I’ll save it for discussion. ALAMEDA:All right. Thank you. You have anything else? SIRACUSA:Yeah. Well, there was something in this morning’s paper about the County Council is going to be considering creating a new zoning designation, “University area” or something like that; and that zoning in that area surrounding the University would have, be for all sorts of subsidiary uses that would pertain to the University situation. And, so, it seems to me that if that sort of thing passes, then Mr. McCall’s concern about it being discriminatory would not hold. If the idea of building it there, it’s my impression, is because of its relative proximity to the University, other affordable multi-family housing could be elsewhere. But students, a lot of them don’t have cars, they have to walk or bicycle, so you look for spaces that are close to the University to fill that need. ALAMEDA:We can talk more in discussion, thank you, about that issue. How about questions for our Applicant’s representative or Applicant directly? Mr. Fuke, would you like to add anything before we see if there’s any testimony? FUKE:Well, I think that, you know, the affordable housing requirement -. You know, I think that some of the Commissioners may recall the Puaa-Suffolk project, which was like a 200-unit rental housing project. And what happened there is ultimately the County Council had required that the area be set aside for rental, you know, for a minimum of 20 years; and that was made part and parcel of the condition. And whether you can, you know, maybe that might be a little bit more appropriate rather than saying that you can, you know, you should be EXHIBIT A 5 limiting your clientele only to a particular sector of the community. And I tend to agree with Commissioner McCall in that sense that what is really direly needed over here is like rental units. And how do you increase the stock so that it can become affordable for the general community as well as for the students? And partially, you know, you do that through having a separate agreement under the affordable housing agreement. So I think that if you restrict it relative to a rental, you know, for a minimum of a 20-year period, as with the Suffolk-Puaa project, you know, that might be a little bit more, I would say, palatable than restricting it exclusively to student housing. ‘Cause if the University collapsed for one reason or another, and we would hate to the University collapse, then it becomes a real problem for the owner. ALAMEDA:Any other final questions for our Applicant’s representative before we see if there’s any testimony? Seeing none, you may be seated. There’s no testimony on this matter; and, so, we, I guess we could discuss first before we make a motion. Commissioner Salavea? SALAVEA:If I may, Mr. Chair, can I just make a generic motion to get the discussion open? ALAMEDA:Sure. SALAVEA:In the matter of Dr. Allan Takase Change of Zone application (REZ 06-000044), I move that a favorable recommendation be forwarded to the County Council per the Planning Director’s recommendation. MCCALL:Second. ALAMEDA:Motion made by Commissioner Salavea, seconded by Commissioner McCall. Discussion? Commissioner Salavea? SALAVEA:Thank you, Mr. Chair. Just to, I’m glad the Applicant’s representative made the comment about maybe putting a condition that will keep these units in the rental market for an extended period of time, rather than having it solely for University or student use. And my perspective is that although the need by the University students is great, you do have a downtime during the summer when the units are unoccupied because of school being out of session. And, therefore, either you find the landowner needs to find short-term renters, you know, maybe visiting students from abroad coming to do a summer session here, or something to fill that gap, until the unit can be re-rented out for the following semester. And my, I know my experience with the University has been that during the summer seasons, we’ve really got to, it’s a challenge to fill the unit. So basically the unit sits empty, unless we have large amounts of visiting students. The other part to that, the second part to that, is I think the emphasis for the County is on building the stock of affordable rental units within the community. By scoping it down only to students, we may eliminate people who may have just as high a need as the students and could benefit from staying in the units for prolong periods, I mean, you know, straight five months until, or five years until the person gets on their feet. They go to classes not in a sense of a EXHIBIT A 6 traditional student but is more transitioning from either unstable environment to more stable. This can serve that dual purpose also. That’s how I see it. Thank you, Mr. Chair. ALAMEDA:Okay. I’ll put in my two cents. Now is the time. What attracted me to this application is student housing, first and foremost. What also attracted me to this application is the support letter by the University suggesting that they do have a need. So, and I think I’m aware of previous projects in the past that were, I guess, sold as student housing but turned into non-student housing; and then our students get kind of left out again. And our University is growing and, so, a part of me wants to insure that this is earmarked for student housing. I understand what Commissioner Salavea is suggesting that there may be periods of vacancy; but, you know, I think if you want to go that way then, to me, it’s like, you know, you’re taking away the whole student housing sale, which is what’s attracting me to this application. So a part of me wants to see it remain student housing; and let the University and the Applicant kind of deal with the vacancies during the slow periods. And I also understand the need for affordable housing, too. But in this particular case, this is earmarked for a particular group of, a particular community; and that’s our students. So, I don’t know, I’m a little bit torn. Commissioner McCall? MCCALL:Just comments. I echo Commissioner Salavea’s ideas that we really shouldn’t be limiting this. I think if we’re going to try and limit it to student housing, I mean, are we going to make the judgment we’re talking full-time students, talking part-time students, are we going to kick somebody out as soon as they graduate, and -? I mean, to me, I don’t think that really should be our mission here. I think purely by the fact that it is right near the University that in all probability it’s going to be primarily student housing. And just thinking about my experiences from a few years ago, if you are in primarily student housing, it is going to be probably not that attractive to, you know, non-student housing, I mean, just because of the situation that students are in. But I don’t feel that we should be limited to that and we shouldn’t be, you know, kicking someone who just graduated and got a wife and a kid and, you know, needs to stay there for a few years before he can get on his feet and move out, or something like that. I think just the proximity will pretty much guarantee that it should be primarily student housing. ALAMEDA:All right. Commissioner Iwashita and then Commissioner Siracusa. IWASHITA:Thank you, Mr. Chair. I also support the concept of providing more housing opportunities for students. And I think just the way our community is growing and the college is growing that this proposal, as a matter of fact, presents additional housing opportunities for students. I want to make a record, though. I have my concern that, you know, the process that we’re going through right now is not the proper process for having this and other zoning changes made. I’d like to take this opportunity to make a record of what the General Plan requires and what I think needs to be done before zoning changes like these are approved. The General Plan adopted at the beginning of last year provides for planned implementation under 15.1 Community Development Plans. EXHIBIT A 7 The Community Development Plans are intended to be a forum for community input into managing growth and coordinating the delivery of government services to the community. The Community Development Plans will translate broad General Plan statements to specific actions as they apply to specific geographical areas. A Community Development Plan should direct physical development and public improvements within a specific area. The Community Development Plan may contain detailed land use and zoning guide maps, plans for roadways, drainage, parks and other infrastructure and public facilities, architectural design guidelines, planning for watersheds and other natural features, and any other matters relating to the planning area. The Community Development Plans may be initiated by either the Planning Director or the County Council. The need for a Community Development Plan is further specified in the General Plan wherein it states that the process of creating a Community Development Plan, or in the process of creating a Community Development Plan, it may be determined that the General Plan should be amended. The Community Development Plan shall focus on action. The courses of action specified in each element of the General Plan need greater detail and need to be coordinated by district. The Community Development Plans shall recommend amendments as appropriate to codes, including the Zoning Code, maps or administration and enforcement. Community Development Plan shall consider appropriate and incentive measures to achieve various objectives as applicable, like student housing. Community Development Plan shall identify acquisition priorities. Community Development Plan shall identify and prioritize public facility projects important to the community. Community Development Plan shall identify desired programs and the community’s role in planning and implementing the programs. And the Community Development Plan shall identify desired projects for public development or redevelopment. All of this is to basically achieve the stated purpose of the Community Development Plan to get active community participation in the process. And it’s my known opinion that getting you, the community involved in the process, the Community Development Plan process, is the only way that we can avoid having developments like Oahu and Maui and those kinds. Because the process we’ve involved in right now is the EXHIBIT A 8 exact process that Oahu and Maui used to achieve their great planning progress. And if we don’t do anything different, it’s going to be that we have nothing else to look forward to. So I have great reservations about proceeding along the way we’re proceeding. I do support the purposes of this project. ALAMEDA:Thank you, Commissioner Iwashita. Commissioner Siracusa, and then Commissioner Salavea. SIRACUSA:Thank you. I wanted to address a comment that was made by both Commissioner Salavea and Commissioner McCall about not wanting to limit the Applicant’s use of the property to students. And I would just very briefly like to point out that it is the Applicant himself who came forward with this application requesting “a 20-unit student housing apartment project.” So it’s not that we’re looking to lay something on him that he was not seeking to create in the first place. He could have come before us with a request for just a multi-family residential, you know; and he didn’t. He asked for student housing specifically; and I have no problem whatsoever about giving it to him. ALAMEDA:Thank you. Commissioner Salavea? SALAVEA:Just a point for the Planning Commission. In response to Commissioner Iwashita’s comments, according to what I’ve read i\un the Hilo Community Development Plan, this is on the Background Report, Page 1, bottom, under State and County Plans, Item No. 6, says that the zoning is, or under Hilo Community Development Plan, it’s multi-residential for -. So I think we’re within the correct zoning, if I’m not mistaken. ALAMEDA:Thank you, Commissioner Salavea. Other questions? FUKE:Can I confirm one item? ALAMEDA:Mr. Torigoe, can our Applicant now return to the bench and confirm one item? TORIGOE:Sure. ALAMEDA:Keep it quick. FUKE:Sure. ALAMEDA:Thank you. FUKE:Thank you, Mr. Chairman, for the latitude. I just talked to Dr. Takase and he presently operates, owns and operates Tohbi Hale; and he has no problem in having a condition restricting the project for student housing for a minimum of a 20-year period commensurate, you know, with the rental program. EXHIBIT A 9 ALAMEDA:Thank you. FUKE:That’s his intent. ALAMEDA:Okay. Fellow Commissioners, hearing that proposal, any thoughts on that? Commissioner Salavea? SALAVEA:Well, we do have a, just a point of order, we have a motion on the floor. As is it’s as recommended by the Planning Director, and in its generic form; and my purpose was to get the motion on the floor to generate the discussion. If we do make any revisions, then we need to deal with -. ALAMEDA:Okay. Is there anyone who would like to entertain a friendly amendment? Commissioner Siracusa? SIRACUSA:I would like to make a friendly amendment that incorporates the statement that Mr. Fuke just made about the Applicant, Dr. Takase’s intent to designate this as student housing for a 20-year period. ALAMEDA:Is there a second? IWASHITA:Second. ALAMEDA:Motion made by, to amend this motion, by Commissioner Siracusa, seconded by Commissioner Iwashita. Discussion? Commissioner McCall? MCCALL:Could I get Mr. Torigoe to make his comments and see if this is, if that’s something we could put in? I wouldn’t have a problem with it if it’s something that can be done. ALAMEDA:Proposed language, Mr. Torigoe? TORIGOE:Okay. Let me suggest something like, “For a period of 20 years, project uses shall be limited to rental student housing to the extent permitted under affordable housing and other applicable law.” ALAMEDA:What about the, I’m just curious now, probably won’t happen, but what if the University does collapse next 10 years or, assume it won’t? TORIGOE:Then you can put something in to the extent that, add something “to the extent that student housing demand allows uses may include other affordable rental housing,” again, “to the extent permitted under affordable housing and other applicable law.” ALAMEDA:Okay. Commissioner Iwashita? IWASHITA:I don’t like the second part. I’ll accept the first proposed language. EXHIBIT A 10 ALAMEDA:Okay. The first proposal by Mr. Torigoe, then, is on the floor right now. Commissioner McCall, that language okay? Follow-up? MCCALL:Yeah, I’m okay with that. I assume what could happen if the bomb goes off or something like that and the University collapses, I mean, they could come in for a change, you know, to the terms of the zoning, or something to that effect. ALAMEDA:Okay. Commissioner Siracusa? SIRACUSA:If the bomb goes off and the University collapses, I suspect that this Planning Commission will have also collapsed. ALAMEDA:Okay. Seeing that, is there any further discussion? Seeing none, staff? HAYASHI:I didn’t quite get the friendly amendment. ALAMEDA:Mr. Torigoe? TORIGOE:“For a period of 20 years, project uses shall be limited to rental student housing to the extent permitted under affordable housing and other applicable law.” HAYASHI:Okay. With that, I’ll take the roll call vote. IWASHITA:Are we going on the amendment or the main motion? SIRACUSA:No, the amendment first. ALAMEDA:We’re going to vote on the amendment first. HAYASHI:Was there a motion to the amendment, I mean, to the main motion? TORIGOE:There was a motion but what you can do, though, you know, if the Board decides if the amendment is clear, then, Mr. Chair, you can ask if there are any objections to it; if there’s no objections then by consensus you can consider it amended. Or you can do a formal motion if you want. ALAMEDA:Motion is on the floor for the friendly amendment, I’d like to formalize it with a roll call. Staff, for the amendment part? HAYASHI:Commissioner Siracusa? SIRACUSA:Aye. HAYASHI:Commissioner Iwashita? IWASHITA:Yes. EXHIBIT A 11 HAYASHI:Commissioner McCall? MCCALL:Yes. HAYASHI:Commissioner Rho? RHO:Aye. HAYASHI:Commissioner Salavea? SALVEA:Aye. HAYASHI:Chair Alameda? ALAMEDA:Aye. HAYASHI:Motion carries. ALAMEDA:Thank you. IWASHITA:Mr. Chair? ALAMEDA:Commissioner Iwashita? IWASHITA:I just wanted to thank Mr. Salavea for pointing out the existing Hilo Community Development Plan, which is advisory, not mandatory, does have a RM-4 designation for this area. And that helps me in terms of voting on this project, although as we all know the old Hilo Community Development Plan, which is like 30 years old, needs to be redone. So my concerns remain. ALAMEDA:Point well taken, Commissioner Iwashita. Seeing no further discussion. Roll call? HAYASHI:Commissioner Salavea? SALAVEA:Aye. HAYASHI:Commissioner McCall? MCCALL:Aye. HAYASHI:Commissioner Rho? RHO:Aye. EXHIBIT A 12 HAYASHI:Commissioner Siracusa? SIRACUSA:Aye. HAYASHI:Commissioner Iwashita? IWASHITA:With reservations, yes. HAYASHI:Chair Alameda? ALAMEDA:Aye. HAYASHI:Motion carries. ALAMEDA:Thank you. Mr. Fuke, Dr. Takase, you’ll be informed in writing of this decision. Thank you. Mahalo. The discussion ended at 10:08 a.m. Respectfully submitted, Sharon M. Nomura, Secretary EXHIBIT A 13