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HomeMy WebLinkAbout2009-11-06 TBOSCHETTI WINDWARD PLANNING COMMISSIION COUNTY OF HAWAI‘I HEARING TRANSCRIPT NOVEMBER 6, 2009 GIAMPAOLO BOSCHETTI A regularly advertised hearing on the application of (REZ 09-103) was called to order at 9:05 a.m. in the County of Hawaii, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai‘i, with Chairman Rell Woodward presiding. PRESENT: Rell Woodward Takashi Domingo Andrew Iwashita Zendo Kern Shelly Ogata Wallace Ishibashi Brandon Gonzalez, Deputy Corporation Counsel BJ Leithead Todd, Planning Director Norman Hayashi, Planning Program Manager Jeff Darrow, Staff Planner Maija Cottle, Staff Planner And 19 people from the public in attendance. APPLICANT: GIAMPAOLO BOSCHETTI (REZ 09-103) Change of Zone from Single-Family Residential 7,500 square feet (RS-7.5) and Multiple-Family Residential 1,000 square feet (RM-1) to Multiple-Family Residential 1,500 square feet (RM-1.5) district. The property is located mauka of Kapiolani Street and the County of Hawaii Police st complex, Kukuau 1, South Hilo, Hawaii, TMK: 2-4-25:48, 53 and 80. WOODWARD: We will begin on Agenda Item No. 1. This is a continued item from the last meeting. Primarily we were waiting on resolution of an issue regarding an easement to a landlocked parcel. We have a letter that that has been satisfactorily resolved; and so that is no longer an issue. What I’d like to do, since that really was the largest remaining issue, is to have the Planning Staff make brief presentation. We’ll allow Mr. Lim to come up because there have been several letters we received in the interim, and maybe address those concerns. And we do have one person from the public signed up to testify. So, Maija? COTTLE: Thank you, Mr. Chairman. I’ll just go right into the presentation. The applicant is Giampaolo Boschetti and he’s requesting a Change of Zone from Single-Family 1 EXHIBIT A Residential 7,500 square feet and Multiple-Family Residential 1,000 square feet to Multiple- Family Residential 1,500 square feet for approximately five acres of land. Again, the property is located just above Kapiolani Street in the city of Hilo. You can see the three properties that make up the change of zone area outlined in black. You have Kukuau Street that runs in an east-west direction to the north of the property and the property would get, the properties do get access from Kukuau Street as well as Kapiolani Street that runs in a north-south direction on the right side of the slide. There’s also, you can see Hale Nani Street down below here.And you received about eight or nine letters from local residents that live along Hale Nani Street here. And the Hualalai Street intersects Kapiolani that runs down into Hilo town from there. As you can see the properties are primarily zoned Single Family Residential, that’s shown in yellow. Areas to the north and south are also zoned Single Family Residential. And then a portion of one of the lots is currently zoned Multiple Family Residential, that’s shown in the dark brown here. There’s also a Double Family Residential zoning shown in the light brown and a large area to the south of the site. This is a General Plan LUPAG map which shows that the orange areas are Medium Density Urban; and then across Kapiolani Street towards Hilo town, these areas are zoned, I’m sorry, not zoned, designated High Density Urban. This is an aerial photo of the properties. You can see it’s vacant. And this gives you an idea of the density of the Single Family dwellings surrounding the properties as well as some of the Multi-Family developments nearby. You have the police department just to the, just across Kapiolani Street to the east; and then you have St. Joseph’s School and gymnasium over at the corner of the Hualalai-Kapiolani Road intersection. The Applicants are proposing to construct a 100 unit four-story Multiple Residential complex on the property; and it will include 2-bedroom, 1-bedroom and studio units as well as a swimming pool and landscaping and parking.And this is the site plan that shows the structures on both sides of the drainage easement that the applicant is granting to the County. You can see Kukuau Street on the top corner. Access will be off of Kukuau. There will be, at this time the applicant is proposing like a loop driveway with access back out to Kapiolani Street. The Planning Director is recommending that the Commission send a favorable recommendation for this application to the County Council. Are there any questions? WOODWARD: Do the Commissioners have any questions for staff? Commissioner Domingo. DOMINGO: Just one question. COTTLE: Yes. DOMINGO: The properties adjacent right next to Kapiolani Street that’s part, they would be abutting the development is, what zoning is that? 2 EXHIBIT A COTTLE: It is, let’s go back here. So you’re talking about these properties right in here? DOMINGO: Yes. COTTLE: They have split zoning. The portion closest to Kapiolani Street is Multi- Family Residential 1,000 square feet and then the portion closest to Mr. Boschetti’s property is Single-Family Residential 7,500 square feet. DOMINGO: When you have the zoning as RM 1,000 what does that mean? What does it permit a developer to do? COTTLE: It allows for a density of up to, let me think about this a minute. Hold on just a second here. I have to do some quick math. I’m sorry. Can you just give me a minute. I’m trying to look for my Zoning Code. Okay, Mr. Domingo. DOMINGO: Yes. COTTLE: So the RM-1 zoning would allow one dwelling unit per 1,000 square feet of land. So if you have a 7500 square foot property you can have up to seven dwelling units on that property. DOMINGO: I see. Okay, thank you. COTTLE: You’re welcome. WOODWARD: Any further questions for staff? Okay, seeing none, Mr. Lim if you, and whoever is with the applicant may come up and have a seat. Morning. If I can swear you in. If you’ll raise your right hand. Do you swear or affirm to tell the truth today before the Windward Planning Commission? TESTFIERS: I do. WOODWARD: Very good. Okay, if you’ll give us your name and address and then you may begin your testimony. LIM: Good morning again Mr. Chairman and Members of the Commission, Steven Lim from Carlsmith at 121 Waianuenue Street here in Hilo. GADD: And I’m Greg Gadd, 519 Manono Street in Hilo. LIM: Mr. Gadd is Mr. Boschetti’s agent here in Hilo. As we indicated Mr. Boschetti could not make it to the meeting so we have Mr. Gadd representing him. Since the last meeting, as the Chairman noted, one of the issues that we were going to resolve was the access easement for Mr. Paiva, who is the property owner of Parcel 59 who is just mauka of us. And I think Mr. Paiva is in the audience today. We’ve reached agreement through his attorney 3 EXHIBIT A to grant an access easement through the project and to provide him sufficient access so that he can use the existing bridge to his home across the drainage channel. What happened for Mr. Paiva’s case and unrelated to our property or our owner was that some time in the past he had an easement but the prior owners traded that away for whatever reason; and so I think that, you know, we didn’t know that he didn’t have an easement and I don’t know that he knew for a while that he didn’t have an easement. But I think that’s all resolved and we’re going to work that out together. We received the approximately seven or eight letters from the adjoining owners near the Hale Nani Street area; and that’s further down near the, just mauka of the St. Joe’s gymnasium right off of Hualalai Street where it hits Kapiolani.We got those just yesterday so we fired off a quick response to the Planning Department that you see. I think the, I’ll try to paraphrase what we think the major issues were that were raised. One was the drainage, one was the traffic, and one was just the changing of the neighborhood. I think that was pretty much the major issues that we saw. So I’ll try to address each of those quickly for you. For the drainage issues, as you could see, Maija, could you shoot the project concept plan up there, please. On the project concept plan we have the, you can see the drainage easement running mauka-makai approximately through the middle of the project. This was an effort that has been underway for about the last three years or so between the County and the various property owners there. I think as the Hale Nani Street residents raised there have been drainage issues in the past and there has been ponding right at the makai portion outside of our project area. But in September of 2006 the Department of Public Works published its environmental assessment for the acquisition of certain drainageway lands within this area. In fact, we are already, Mr. Boschetti already conveyed the makai-most parcel to the County for use as a drainage basin. We understand that they’re either finished with or nearly concluded with the negotiations for the next two property owners right across the street from the police station. Those would also be drainage parcels. Because the County was negotiating to acquire that first parcel from Mr. Boschetti, he went, through Mr. Gadd’s effort, to secure the existing driveway that you see off of Kapiolani off of a separate parcel. That’s why we moved the access way down. That parcel was relatively clear of drainage issues; and we believe that the drainage program that Public Works has been undertaking is going to result in handling the flows coming from mauka and putting them into this drainage basin right mauka of Kapiolani Street. With respect to the traffic issues, we had our traffic report done as you saw; and the Kapiolani Street and Kukuau Street entries to the project are showing up as Level of Service A or B all the way through the 20-year timeframe. The Kapiolani Street and Kukuau Street intersection was showing up as a, originally good; and in a 20-year timeframe it turns to Level of Service D, which is still acceptable but not great. The Kapiolani Street and Ponahawai Street intersection which is the one that comes right up that hill is right now at Level of Service D; and without any signalization in 20 years would turn to Level of Service E or F, but that’s only without signalization. We’re expecting at some point in time over the next 20 years that the County will be undertaking traffic improvements to that intersection. 4 EXHIBIT A The last issue that’s raised generally by all of the letters is that there’s a change in the character of the neighborhood. And, you know, we understand the issues of people who have lived in the neighborhood for 25, 30 years plus, some of them 40 years, I think. And I think what we face is what everybody faces when you come in with a new rezoning, which is you have to look at what the General Plan for the County shows. And as you can see through the orange color that’s all mauka of the Kapiolani Street in this area, this area is all designated and has been designated for years for Medium Density Urban uses which allows higher density uses than just Single Family. Some of the uses that are allowed in the Medium Density Urban District are Village and Neighborhood Commercial uses, and Single and Multi-Family Residential uses up to 35 units per acre. In this particular case we are proposing 100 condominium units or apartment units on approximately 5 acres of land. The 100 units, it’s about a 31 percent reduction in the allowable density for the property already. So we feel that both for purposes of the actual unit count for the property that you could develop to and for the General Plan compliance that the project is appropriately processed under the Medium Density Urban designation. And we feel that because of the County’s, that’s the County’s policy so we would ask that you support our change of zone request. WOODWARD: All right, thank you very much. Does anybody, does any of the Commissioners have any questions for Mr. Lim? IWASHITA: Yes. WOODWARD: Commissioner Iwashita. IWASHITA: Good morning, Steve. As far as the drainage issue, I guess, your understanding is that makai of your client’s property, the County is planning on making further acquisitions. Is there an overall plan of where all this water is going to end up? LIM: I’ll try to show you Figure 2.4 out of the, I have the Draft Environmental Assessment. But as you can see coming mauka from above the property where our project area is located -. IWASHITA: Is that in my record? LIM: No, no it’s not. But this is just to show you kind of where the drainage is coming down, and our project area is right around in this bottom area. So you can see the dark purple at the top of Kapiolani Street, that’s where the drainage parcels are. We think the County is going to end up with three separate parcels to be used as a -. They’re going to dig it out. That’s what’s happening as a practical matter now. But they’re going to improve it and put in the County standard drainage improvements in that area. So it will pond up just mauka of Kapiolani Street and percolate down. IWASHITA: So above the police station? LIM: That’s correct. I don’t think that they had any alternative because of the existing development of both the police station facilities and civil defense facilities makai. 5 EXHIBIT A IWASHITA: Thank you. WOODWARD: Commissioner Domingo. DOMINGO: Thank you, Mr. Chairman. Mr. Lim, that improvement to which you refer to, is that which the County is planning to make, and regardless of this project they will still continue to make that, do that improvement? LIM: That’s correct. We’ve already conveyed the parcel that we own and we’ve given the grant of easement for the drainage channel through this project to the County already. DOMINGO: Okay. And I understand that according to the Public Works policy, their rules, that any water or runoff that is generated by the development should be addressed on the development itself. LIM: That’s correct. We will be implementing the drywells that you usually see in the conditions for the paved surfaces, and for this particular project I don’t think there’s going to be that much paved surface. But we will be handling all of our on-site drainage on site. DOMINGO: So theoretically then no, your project will not impact on any kind of flooding situation that may exist today or may exist in the future in case you have such heavy rains coming from mauka? LIM: That’s correct. We should have no adverse additional impacts. DOMINGO: Okay, thank you. WOODWARD: Any further questions? All right, seeing none, you may be seated, gentlemen. We do have two people from the public now that are signed up to testify. If I could have them come and have a seat at the table. It’s Charlene Nishida and Robert Lee, if you’ll grab yourself a microphone and a chair. And if I could swear you in first. If you’ll raise your right hand. Do you swear or affirm to tell the truth today before the Windward Planning Commission? TESTIFIERS: I do. WOODWARD: Okay. And Ms. Nishida, you signed up first so if you’ll give us your name and address and then begin your testimony, please. NISHIDA: Charlene Nishida at 16 Hale Nani Place in Hilo. And we purchased our property in 2007, my husband and I; and at that time we purchased the property it was very obvious there were vacant lands behind us. And we called the Planning Department to find out what would be the maximum density or subdivision that those properties could be developed into. And we were very clearly told that it would be Residential 7.5, which was what the current zoning was or is. 6 EXHIBIT A We are a local family. We have three young children. We bought the property because my children are Hawaiian and are going to be attending the Kamehameha Schools in Keaau, and the neighborhood we felt was a great fit for our needs.The residents in the area, a lot of them, have been there from the very beginning, are retired, a lot of neighborhood children and what not. It’s a safe area. And we felt that if that land got developed then it would conform with what our neighborhood was; and that would be fine. I’m a certified residential appraiser and I know, it is my professional experience that when your property values remain your highest it’s when you have uniformity and conformity in the neighborhood. When you are looking out in your front yard, or your back yard in our case, and you see a neighborhood that doesn’t look like your property, that’s when the typical buyer is not going to pay as much for that same property as another neighborhood. So our concerns are pretty fundamental and pretty basic. One, our property values, I know from my professional experience, will go down because now all of a sudden our back yard is a 4-story apartment building or a series of 4-story apartment buildings looking directly down into our yard. That’s not a desirable, it’s not desirable at all for us or for our neighborhood. I, also, we have concerns about safety. All of a sudden instead of being in a Single Family Residential Neighborhood now all of a sudden we have hundreds of people viewing directly into our home. And that’s something that is, you know, quite distressing. Our neighbors are all wonderful neighbors. We’re hard working families. We bought the properties with the understanding that it would be Single Family Residential. I think it’s really important that as neighbors we all come forward and make sure that we’re, you know, very clearly understood in what our points of views are, and our disappointment of any change that would allow further density, that would allow, you know, 4-story apartment buildings. This is, right there, that building. It’s a 4-story Bank of Hawaii Building. And you don’t see many of those in Hilo; and the ones that you do are all commercial in nature. And to have that right in our back yard is very upsetting, it’s very distressing; and it’s going to have an impact on our property values in a negative way. And what we want to know is what can we do as a neighborhood to ensure that our neighborhood characteristic stays the same. What is it that we can do so that we can make sure that you very clearly hear what our points of views and what our requests are. So that’s a question that I have for the Planning Commission right now. WOODWARD: Any questions of Ms. Nishida. Actually we ask the questions. Commissioner Iwashita. IWASHITA: Thank you, Mr. Chair. I will, the concern, we have multiple letters expressing basically similar concerns from your neighbors. And in terms of how this process works and addressing your concerns, you know, we all on the Commission need to consider the immediate impact, basically what you’re talking about, when the development occurs and also the long-term issues. So as far as what’s needed, well, basically our General Plan does allow for this type of zoning. It’s Medium Density Urban. If it was Low Density Urban then this kind of 7 EXHIBIT A development couldn’t take place. Right? So that’s why we even can consider this, because it is Medium Density Urban. I am, for the record again, a proponent of our community development process and, community development plan process, which Puna, Kona, South Kohala, North Kohala have established plans with thousands of people participating.And Hamakua, and Kau is in the process right now, and Hamakua is getting ready to go into that process. We’re not doing it for Hilo because of monetary constraints I’m told. But in my, all the other members of the Commission know that I talk about this all the time and that, you know, my preference is that the community development process, development plan process gets done for Hilo. Right? To me it’s the greatest need because we’re already developed. And then in that process you and everyone else in the community who is concerned about the future of how Hilo is going to look, it’s basically what you’re talking about, gets to make input. Okay? But the reality, the long-term reality is that we need more housing. That’s one of the biggest concerns I have, is that, you know -. Everybody knows we have a housing crisis. Right? So, and it’s not just a Hilo problem or a Puna problem or a Kona problem. It’s, you know, an island- wide issue. And so the community in my mind, you know, needs to get involved and get working on this. The Planning Commission and the Council by itself, they’re concerned. There are a lot of concerned people, they try to address it but it just keeps getting worse. Right? So, you know, something like these 100 units, Multi-Family, you know, to me more units make it better. Right? So I think that’s the best I can address your concern. And in terms of, I think it’s obvious more people means more cars and more traffic and all of that. We always hear that this is going to be minimal impact on our community. But the reality is that every development on Oahu said the same thing, right, and they got what they got. Every development on Maui said the same thing and they got what they got. So we need to look at the bigger picture and, but in the end, you know, we have to look at these larger concerns. So as far as my question for you is, you know, do you, I guess you’re giving your professional opinion, right, that if this development occurs your property value will go down for a residence, right? NISHIDA: Yes. IWASHITA: Do you have an opinion as to whether or not the property, you know, the fact that perhaps the commercial, on the commercial value side that, you know, generally the market will go up for the properties in the area? NISHIDA: This isn’t being rezoned Commercial. This is being rezoned Multi- Family. And part of, and I actually have a copy of an appraisal report that it very clearly shows in there -. IWASHITA: Yeah, okay. I misspoke. You know that type of zoning is, you’re correct in pointing that out. But basically because the rest of the area, right, it’s not just this part but the rest of the area, general area, is Medium Density Urban, the potential is there for other 8 EXHIBIT A developments like this. Okay? So that’s why I’m thinking that you may as a residential concern lose value because of the fact that you talked about. But on the other hand just the general increase in the property value in my mind that would bump value generally in the area. NISHIDA: Again, it goes back to it’s a Single Family Neighborhood and when people buy in a Single Family Neighborhood they’re looking for a home that would conform with that neighborhood. And all you have to do is just go a few blocks down, you know, towards, on Kapiolani closer to town and there you have that mixed neighborhood of apartment buildings next to single family homes; and that neighborhood is not as desirable. As a matter of fact we looked at buying a home that is now on foreclosure on that street, and it has been on the market for over two years, and it’s now half the price of what it was when it was listed two years ago when we were looking at the home that we bought here. And it’s just a matter of fact that when you have that kind of high density in a Single Family Neighborhood where all of a sudden your views are of, you know, hundreds of people looking in your back yard, those property values decline. And that’s, you know, that’s just the way it is. And that’s our immediate concern, is that we understand that the properties need to be, you know, that the property owner has a right to develop his property, and we have no problem with it being developed to its current zoning. But for it to be allowed to be rezoned so that they can, you know, obviously develop the property for a profit but come out of our pockets and we’re the hard working, you know, local families paying the taxes, it’s very upsetting for those of us in the neighborhood. And that’s the thing that we don’t feel has ever been addressed. No one has ever come to us and said, hey, how can we work this problem out together. There has never been any dialogue. And that’s where, and actually I was even told recently that the lawyer that represents the developer had said they wanted to know who was stirring the neighborhood. And that’s really upsetting, you know, who’s stirring up the neighborhood. We’re a neighborhood, we’re neighbors. We, you know, we have concerns about what goes on in our neighborhood. That’s what neighbors do, is we watch out for one another. And that’s something that, you know, it’s upsetting that a whole neighborhood is just being dismissed. And that’s where we want to make sure that the neighborhood, all of the neighborhoods, you know what their viewpoints are are being considered; and we don’t feel at this point that they have been. And we’d like to do whatever we can to make sure that the neighborhood is, all of the opinions of all of the neighborhoods are clearly being heard. And we’re willing to do whatever you want us to do; and we ask that you let us know what we need to do so that we can provide you with whatever documentation or evidence or whatever you need so that our viewpoint is heard. WOODWARD: All right, thank you. Any further questions? Okay, seeing none, Mr. Lee, if you can give us your name and address, and then you may begin your testimony. LEE: Yeah, my name is Robert Lee. I live at 73 Hale Nani Street. I’ve lived there about 7 or 8 years, I think. I consider the neighborhood to be the best neighborhood I’ve ever lived in. I have better relations with my neighbors there than anywhere I’ve ever lived. Charlene kind of said about everything I wanted to say, but I’ll add a few comments. From my front yard on a clear day I have a beautiful view of Mauna Kea. If it’s snowing in the winter I see snow up there; and it’s very pleasant. When these buildings are built they’re either 9 EXHIBIT A going to frame or entirely block that view. They’re going to impose on my property in a way that’s going to be very unpleasant. What I see now are tops of trees as I look out from my front yard. And what I will see if these changes are made is some very tall buildings that will appear very intrusive. I would assume that when that land was originally zoned that considerations were made about the character of the neighborhood and land usage, and that they were made in a somewhat unprejudiced way, hopefully not considering ownership of the land. The process I see going on right now is very clearly driven by the ownership of that land. It’s being driven by a new absentee owner who doesn’t even apparently live on this island and who wants to come here and change the character of our neighborhood, cash these checks and leave town. And I’m just saying that I live here in Hilo, I’ve lived here for 18 years; and I’m not going anywhere ever. This is where I will die. I will probably die in the house I presently live in. And the considerations that were made when I bought that house, I have a friend who’s a realtor who reviewed the neighborhood with me somewhat; and among those considerations was the zoning of the land that’s being considered. And now I feel like I’m kind of, little bit of a part of a bait and switch operation here by whomever. And, anyway, I would hope that this decision is made in a very unprejudiced way, considering the character of the neighborhood and the changes that it will make. And I will be very unhappy to find, as Charlene pointed out, that this developer has cashed his checks and left town and my property is devalued by $20,000 or $30,000 or more. Anyway, that’s about all I had to say. Charlene kind of covered it well. Thank you. WOODWARD: Thank you, Mr. Lee. Do we have any questions for Mr. Lee? IWASHITA: I do. WOODWARD: Commissioner Iwashita. IWASHITA: Thank you, Mr. Chair. So you live on Kapiolani Street? Is that right? LEITHEAD TODD: Maija, could you do the overview map of what has Hale Nani. IWASHITA: Oh, you’re on Hale Nani Street okay. LEE: I am on, it’s 73 Hale Nani. NOMURA: Microphone, please. LEE: Yeah, you see where the -. IWASHITA: Can you please use the microphone. LEE: Oh, I’m sorry. You see the little cul-de-sac there which is Hale Nani Place. My driveway lines up perfectly with that. I’m right there where that comes in. If you would continue you would go up my driveway. So I’m on the other side of the street though. Yeah, right there, directly across, yeah. 10 EXHIBIT A IWASHITA: I guess, maybe I’m misoriented but looks to me like your house is mauka of the property. LEE: The property under consideration? IWASHITA: Yes. LEE: Yes. IWASHITA: Cause it’s down by Kapiolani. LEE: Yes, somewhat, yes. But you have to understand that we’re talking about very tall buildings, you know. IWASHITA: Okay, thank you. WOODWARD: All right, any further questions? Okay, you may be seated. Thank you very much for your testimony. Mr. Lim, did you want to respond to any of this. LIM: Yes, I do. The statements made by the residents are taken seriously by us. I mean we’re homeowners just like you guys are and when somebody comes into your neighborhood to do something different then you want to make sure it’s being done right. And I don’t think we can agree with them that the Residential/Single-Family nature of the neighborhood will stay forever, for whatever reasons they bought their properties within the last, you know, 3 to 7 years. We know that the General Plan Land Use Pattern Allocation Guide Map for the area has been Medium Density Urban for a significant number of years. The issue raised by Commissioner Iwashita regarding the need for housing is an important issue here on the East Hawaii side; and this particular project will also bring the 20 percent affordable requirement that the Hawaii County Code has for all new developments. With respect to the statement about me asking who was stirring up the neighborhood, I think I asked them something in the neighborhood of who’s leading the neighborhood effort because all of the responses look fairly similar so we thought it was something that was being coordinated. But I apologize for that if that was offensive to anybody. The comments by the two speakers here, anyway, were that the buildings from the project would be oppressive on their particular homes. And I think when you look at the map there you can see our project highlighted in the dark line, and towards the, what I guess would be the south towards Hale Nani you’ll see an area of about, generally I think it’s about 4 acres where there’s a couple of houses on there; but that’s all vacant land. So that it will, so I don’t think that our project would directly impact on Hale Nani Street residents. And I think that’s about all. We just ask for your assistance on this.This is not an off, you know, he does live on the mainland. Mr. Boschetti does live on the mainland but he’s not a new 11 EXHIBIT A person to the Big Island. He has many properties within the State of Hawaii, one of them is he’s the owner of the Hilo Shopping Center and has been conducting business there for all these years since his purchase. So he is a member of the community; and I think that he is not one of those, like they say, is going to make his money and run away to the mainland. So we’d ask for your support for this application. WOODWARD: All right, thank you. Any questions for Mr. Lim? All right, seeing none, you may be seated. Thank you very much. Would anybody care to make a motion? Commissioner Domingo. DOMINGO: Mr. Chairman, for the purpose of discussion, I move that we send a favorable recommendation to the Planning Committee with regards to Rezoning No. 09-103. WOODWARD: Do we have a second? KERN: Second. WOODWARD: All right. We have a motion and it has been seconded. Discussion? IWASHITA: Mr. Chair? WOODWARD: Commissioner Iwashita. IWASHITA: Thank you. I just wanted to establish on the record that, a little bit more on the comments that I made while questioning the testifier. And that is that the Members of the Commission know that I’m really concerned about the need for a community development plan for Hilo. And my rationale is that the community development plan process would involve the community in the way that the testifier was asking about. There are multiple community meetings, it takes over a year, maybe two, to go through the process. And these issues about what neighborhoods are going to be looking like, how people are going to be getting around, are we going to do what’s called smart growth or not, are we going to have sustainable communities, are we going to have urban sprawl like Oahu and Maui, you know, those are the kinds of things that come up. And for Hilo in my mind it’s particularly important because we really need to figure out what this city is going to look like in the next 20, 30 years so that it’s some place where people want to come to live, you know, and someplace where our children want to stay and live and work. So that is something that, and the Commissioners know that in the past I voted against change of zones because there has not been a revision of the 1972, or something like that. There is a Hilo Community Development Plan, we have one; but if you look in the recommendation in the documents here, it’s always dismissed because it’s, you know, almost 40 years old. And the argument is that there have been General Plan amendments, multiple times since then, so pretty much we can ignore it even though the Hilo Community Development Plan may say this area -. Well, I know for sure House Lots, it’s always an issue for me at House Lots because back in 2005 the General Plan was amended to change House Lots from Low Density Urban to Medium Density Urban; and House Lots was always, well, basically up until then you 12 EXHIBIT A couldn’t have a change of zone to Commercial or High Density, Multi-Family use because it was Low Density Urban. And that was basically at the request of the neighborhood. But it got changed in 2005; and since then we regularly get, you know, on Manono Street and all the other different parts of House Lots change of zones to basically Mixed Commercial, Commercial Neighborhood, all those kinds of changes. Right? And it’s going through. And as far as I’m concerned, it’s not a, you know, it’s being done. But we’re basically, you know, if we keep going down that road House Lots is going to become like Kakaako was, you know, is, or however, you know, it’s basically going to be. And what we’re doing is we’re taking existing housing out of the market. You know, essentially, in fact we’ve said this is not going to be housing anymore. And what are we replacing it with? There’s no coherent plan. Right? So community development plan is necessary, in my mind, in order to avoid these problems and to make it, give the community an opportunity to try and address solving their problems, a way to solve the problems. And so that is my concern about community development plan and our going forward with all of these zoning changes without having one. And in my mind I’m saying if we start denying these things -. I like developers. We want development money, we want to build affordable housing, we want to do these things. And I would like to have it done faster. And in my mind if we had a community development plan in place we could get it done faster, hopefully because developers would be able to see, especially in Hilo, they would be able to see, well, if I’m in this area and the community development plan says I get to do this housing, multiple unit house, and it’s basically going to be a clear path as far as financing and the lenders approving it and getting the money. So I really think it’s the preferred way to go. It’s not getting done. I understand the budgetary concerns. But as a community I think we need to make some hard choices about where to best spend our money; and in the long term to me the money is best spent on getting the community development plan done. It’s going to take a couple million dollars, at least. But that’s my concern about that. On the other hand I have concerns about housing I raised earlier, and obviously if we have -. Well, I guess my concern is, you know, we’ve approved other housing changes based on the proposition that housing will be done, and it’s not done yet. You know, so, you know, in my mind it’s clear that part of what we do on this Commission or actually what the Council does when it approves this is that, you know, it creates what’s called entitlements. Right? And the entitlement, once this is approved this property value jumps, just by changing the law and what’s allowed. So, and, you know, whether or not Mr. Boschetti actually develops it himself, you know, which it appears he’s able to do and does it that way, or he decides to sell the right to do it, that’s another thing. But hopefully it gets done. So I am really conflicted about whether this should be approved because I don’t think we should be doing this as an ordinary course. I think it, you know, we really have to look at this carefully. On the other hand this is really, in my mind, in the core of our city; and so, you know, I understand the thing about buying in a Single- Family Residential Neighborhood. The reality is that, you know, I grew up in a Single-Family Residential Neighborhood on Lower Mohouli Street.It ain’t that any more. And it’s not going to be, right? I mean it’s going to expand. So I am really conflicted about the process, really. And so those are the comments I wanted to make on the record. Thank you, Mr. Chair. WOODWARD: Thank you, Commissioner Iwashita. Any other comments? Commissioner Domingo. 13 EXHIBIT A DOMINGO: Thank you, Mr. Chairman. In deference to the comments made by Commissioner Iwashita regarding the community development plan, any community development plan should reflect that which is contained in the General Plan. The community development plan does not have a direct force of law to change the General Plan. The General Plan designates this particular area for Medium Density Development; and that is concurrent with what the developer is proposing right now. I’m caught with that dilemma because I know what the residents are saying. But by the same token we’re beholding by the contents of the General Plan and to enforce and perpetuate that kind of use as predicated by the Plan. Now I don’t know if there is any other logical way in which we can address the kind of concerns that have been expressed here this morning. But I think for me the overriding factor is that, is the General Plan states that these particular areas are for Medium Density use and the proposed development is concurrent with that use. And I feel that the General Plan is an overriding document in the County Government that permits a development of this island as we, as th residents would want it. And that’s why we, I think, every 10 year there is a review, a general review of the General Plan; and that is when a comprehensive review is taking place. And any changes that needs to be taken either for or against inclusion of any part of this island for future expansion or developments are made at that time. And those kinds of changes can also be made during the interim in those years preceding it, you know. And it’s sad, it’s sad to say that I think many of our residents on this island has not taken that opportunity to really look at the General Plan and to, especially during the time for a review of that Plan, to look at it and see what the General Plan has in the way of impacting where I live for now and for the future. Now, hopefully, you know, if I can determine what would be in the future and if I am against any sort of development then I can start taking efforts to make that change in the development plan. And that’s why I’ve long advocated that, you know, people of this island should take it very seriously to look at the General Plan when it is being reviewed. And not only that, it’s to keep track of what happens in the County Government every day, because sometimes we tend to forget or not become aware of what’s happening when things are, when things will impact our lives. And this is the time where, you know, with this particular application the residents in that little development is finally just become aware of what’s happening and it’s something that, you know, it’s a big change. It’s a change for them; and I can appreciate their concerns. But by the same token there are other rights that the landowners have with respect to the use of their property. And with that, you know, I try to be as fair as I can be. And if there is any other avenue of approach by the developer or the citizens in trying to just sit down with the applicants and see, you know, be resolved to the fact that if this is approved it will happen, but if it does happen what can the developer do to help alleviate some of these concerns, which, you know, might be nil. But, you know, some kind of effort like this could happen, but it’s between those parties concerned. But as for me I’m satisfied that the General Plan is being followed, and this is concurrent with its use. Thank you, Mr. Chairman. WOODWARD: Thank you. Madam Director. 14 EXHIBIT A LEITHEAD TODD: Yeah, I just wanted to make a few comments about what occurs as a city grows and you have the changing uses in a community. Puueo at one time was all single family residences. And, in fact, at one point I think parts of it were referred to as Hilo’s Knobb Hill when some of the higher end homes were put in. And then zoning changed in the area, apartment buildings came in. It had a mixed impact. It has increased the value of some properties, and it has led to neglect of others because it has become rentals. And usually when you have owner-occupants you have higher values and people tend to take better care of their own property as opposed to rentals, not to say that renters are all not going to take care, but it’s just a general trend. The decrease in values over the last two years probably have nothing to do whether there are apartment buildings, however, on Kapiolani Street. I am in a single family residential subdivision in mauka Kaumana where there have been no apartments and no changes in designation, and I now owe more on my mortgage than my home is worth; and that has occurred in two years because I refinanced two years ago. And two years ago my home was valued at about $340,000 and today’s market I would be lucky to be able to sell it for $200,000, a little over $200,000. So I’ve lost at least a third, if not more, of the value of my home with no apartments in the building. It’s just the economy. In some areas of the islands where apartments have come in, if you go down in the Keaukaha, there are multiple high rises; and over time the value of the other properties in that area has increased rather than gone down which, you know, is a surprise perhaps. It will have an impact on traffic, it will have an impact on whether there’s a change in nature. But in terms of this particular project, if you look around it, you have other apartments in that area. If you go mauka you have the Pacific Heights town house which is significantly denser. You’re also very close to areas that are designated as a Low Income Housing. The RD-3.75 is basically Lanikala Housing that you have in that area. Hilinai Street was done as an affordable housing project; and that’s a mixed bag of whether those homes are of or not. If you drive through that area that’s in close proximity to where you live. The difficulty, I think, for a lot of people who live in some areas that are close to the urban core of Hilo is going to be that as time goes by and Hilo grows, from almost all planning perspectives, you want to increase density in your Urban core. Because you want apartments close to where you’re going to have transit, you’re going to have apartments close to where you have amenities. You want it close to where you have shopping so that you can encourage walking and you can encourage use of those amenities. And the difficulty is that as the nature of Hilo changes and some of these occur in older neighborhoods, there’s going to be a bumpy road. But I have to be honest, that if there were a new CDP I suspect that very much like what Kona has done this area would still be identified for Multiple Family and for increased density because of its proximity to the Urban core. Because that’s how you plan. If you want to prevent Urban sprawl then you have to have increased density in your Urban core. It doesn’t provide any solace to the homeowners who live next door to when this is occurring. What you can hope for though and, you know, I would hope that the property owner, if in fact this is approved, is that he has an interest in keeping his place in good shape in trying to present something that he can market. And so, you know, there’s some incentive there that he needs to keep the property up; otherwise, he can’t attract tenants, and that he has to provide something that’s attractive in order to be able to market the units. 15 EXHIBIT A This is going to occur in Hilo, this is going to occur in other parts of Hilo as time goes by, or Hilo will stagnate and it will not grow. And then what you’ll have is neighborhoods that fall into disrepair over time, as has happened in various parts of this island as you have change occur, unless you have an infusion of new people coming in. And from the old Kona, the Hilo Community Development Plan which is still in effect and is actually referenced in these documents, it talks about this area being suitable for Multiple-Family. WOODWARD: Thank you. Any further comments? Commissioner Iwashita. IWASHITA: Thank you, Mr. Chair. I agree with pretty much everything the Director said. I just wanted to say that, you know, in terms of, to me it’s really a question of process. Right? Everybody is civil, we all, you know, you show up here because of the notice and your particular concerns about what’s on the agenda. We have to address making decisions, recommendations to the County Council. That’s your other opportunity in our process, right? No matter what we do on this issue we don’t actually decide. We’re making a recommendation to the County Council. So the County Council in the end has to decide whether this zoning change goes through; and everybody here with any concern has an opportunity to go the Council when it addresses these matters in the committee and then before the full Council. To me it gets there. So that’s the way the process works. Now it’s the same process that Maui uses. It’s the same process that Oahu uses for the last 50 years to get where it got. Everything on Oahu is planned. That’s my biggest pitch – it’s that Oahu planned what it has and it complains all the time about where it’s at. Right? And, my pitch for community development plan is that it’s a different way to do something to do it. And if we want to do it different from Oahu, if we want to do it different from Maui, then that’s the way we should be going, not consider on a developer-by-developer basis what to rezone. Because if we keep doing that, in 30, 40 years I will, even though my son is 22, I will, It will offer him up. Right? You know that, I guarantee you that it will be there in some form. Actually we have an opportunity to make bigger mess-ups because we have, what, 20 times more land than the rest of the State? I don’t know, maybe that’s 10, or whatever it is. Right? We have much more land to mess up. Can you imagine Hawaii Kai all the way down to Ewa Beach, from Puna all the way up to Honokaa? Because that’s where we’re headed if we don’t do something different. We really need to do something different. And that’s basically what my concern is. Mr. Domingo is right, my Fellow Commissioner is right, about the General Plan and the way the law works. It’s my opinion that when community development plans are developed, are done , that you know, it can make recommendations on changing the General Plan to con -, you know, so that the community‘s effort on how it wants to see the development done in Hilo or wherever that those changes can be made on the General Plan. And the General Plan is the authorized, the General Plan does authorize the Community Development Plan process. Actually, it requires it to implement the General Plan. So, you know, there’s a dynamic that goes on there. Thank you, Mr. Chair. WOODWARD: Thank you, Commissioner Iwashita. Any further comments? All right, seeing none, Maija, let’s take the vote. 16 EXHIBIT A COTTLE: Thank you, Mr. Chairman. Before I do that, I just want to bring to your attention that the Planning Department had recommended a couple of changes to the conditions. These were brought up at the last hearing. And they’re just addition of our standard condition related to the backflow prevention assembly and our standard condition for a drainage study. And so I just wanted to ask the makers of the motion if they’re okay with those changes. DOMINGO: Yes, I’m okay with that. KERN: Yes. COTTLE: Okay. WOODWARD: And Mr. Lim, you are aware of that and comfortable with that? LIM: That’s correct. COTTLE: Okay, thank you. Commissioner Domingo? DOMINGO: Aye. COTTLE: Commissioner Kern? KERN: Yes. COTTLE: Commissioner Ishibashi? ISHIBASHI: Aye. COTTLE: Commissioner Iwashita? IWASHITA: Kanalua. COTTLE: Commissioner Ogata? OGATA: Aye. COTTLE: And Mr. Chairman? WOODWARD: Aye. COTTLE: And Commissioner Iwashita? IWASHITA: Kanalua. COTTLE: Okay, that’s six votes for a favorable recommendation to the Council. 17 EXHIBIT A WOODWARD: All right, thank you. The discussion ended at 10:12 a.m. Respectfully submitted, Sharon M. Nomura, Secretary Windward Planning Commission 18 EXHIBIT A