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HomeMy WebLinkAbout2023-10-05 Windward Exh A (Item #1 Constance Imamura) WINDWARD PLANNING COMMISSION COUNTY OF HAWAI`I HEARING TRANSCRIPT OCTOBER 5, 2023 A regularly advertised hearing on the application of CONSTANCE IMAMURA (PL-REZ-2023-000048)was heard at 9:04 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, Lauren Balog, John Cross, Wayne De Luz, and Chantel Perrin. ALSO PRESENT: Suzanna Tiapula, Esq. (Counsel to the Commission), Jean Campbell, Esq. (Counsel to the Planning Department), Norren Kato (Planning Program Manager), Clinton Mercado (Planner), Alex Roy (Planner), Janice Hata(Zoom Host), Maija Jackson (Planning Program Manager), and Melissa Dacayanan-Salvador (Commission Secretary). And six public members in the audience. APPLICANT: CONSTANCE IMAMURA (PL-REZ-2023-000048) Application for a Change of Zone from an Agricultural-3 acres (A-3a) to a Single-Family Residential-20,000 square feet(RS-20) zoning district for a 21,780-square feet portion of a larger 5.1 acres of land. The subject property is located at 1212 West Kawailani Street, approximately 190 feet west(mauka) of its intersection with Puhau Street, Waiakea Homesteads, South Hilo, Hawaii, TMK: (3) 2-4-079:002. Secretary's Note: [indecipherable] indicates that there were technical and/or internet difficulties, which made the conversation inaudible. LIN: We will move to agenda item No. 1. Agenda Item No. 1 applicant Constance Imamura, application PL-REZ-2023-000048. Application for a Change of Zone from an Agricultural-3 acres (A-3a) designation to a Single-Family Residential-20,000 square feet(RS-20) designation zoning district for 21,780 square feet portion of a larger 5.1 acres of land. The subject property is located at 1212 West Kawailani Street, approximately 190 feet west(mauka) of its intersection with Puhau Street, Waiakea Homesteads, South Hilo, Hawaii, TMK: (3) 2-4-079 parcel number 2. At this time, I'll bring up Clinton for a staff presentation. Thank you, Clinton. MERCADO: Thank you. Good morning, Chair Lin. Good morning, everyone. We will begin our presentation with the, excuse me let me move this down. First of all, Janice, can you see the presentation screen? HATA: Yes, I can see it. MERCADO: Awesome, thank you. 1 EXHIBIT A HATA: Thank you. MERCADO: Okay, we'll begin the Imamura presentation with the location map. The subject property is located in the South Hilo District, it's indicated in blue. It's approximately 190 feet from its intersection with Puhau which is we have Kawailani here, Ainaola Drive, Puainako. Next, we have the applicant's request. Sorry, it's cut off here, hang on one second, there we go. Okay, the applicant's request. The applicant is requesting a Change of Zone from an Agricultural-3 acres to a Single-Family Residential-20,000 square feet zoning district for a 23,012 square foot portion of a large 5.1 acres of land. The property currently consists of one existing single-family dwelling and previously maintained orchards throughout. No additional improvements to the subject property are currently being proposed by the applicant. The reason for the request is the primary purpose of the request is to subdivide the property into two (2) lots, to establish fee-simple ownership of the 23,012 square foot of land area that the existing dwelling resides on, which will be retained by the applicant. The remainder of the vacant land will be sold to alleviate the hardship of maintaining the entire 5.1-acre parcel. Next, we'll move on to the County zoning map. The subject property also again outlined in blue is zoned, excuse me, is zoned Ag right now, Ag-3a and the surrounding properties to the left is Ag-3 as well. To the back is Open and to the right we have a bunch of Residential zones, Single-Family Residential and also some are across the Kawailani Street. Next, we have the State Land Use Boundary Amendment which most of the property is designated Urban with some Agricultural to the left. Next, we have the General Plan LUPAG Allocation Guide Map which indicate the property mostly Low Density Urban. I provided this map just to show some of the rezoned properties in the area with the type of zone that it currently is with the numbers below with the year that it was rezoned with the most recent to the far-right RS-15 back in, excuse me, in the year 2023. Here is the survey map provided by the applicant, a portion of anyway. The blue line indicates the property outline with the in the middle which shows the proposed subdivision line. So, this is Kawailani Street. Here, the blue line separates this reciprocal easement which is ten (10) feet on each side. Here's an aerial photograph of the subject property. To the left is a blown-out version, excuse me, a zoomed-out version of the area. Where it shows predominately residential with some vacant land and agricultural use. The right-side screen is a zoomed in version of it with the Imamura's single-family dwelling here with an approximate line location the subdivision line here and the reciprocal easement would running parallel to this side of the boundary line. Here's several site photos. Top left is standing on Kawailani Street facing east with the subject property driveway on the left. The right-side top screen is the reciprocal easement between the subject property here and the neighbor to the east. Bottom left is the subject property driveway, again from Kawailani Street. Bottom right is looking west from Kawailani Street with the subject property driveway on the right. My final screen is the Planning Director's recommendation which is to forward a favorable recommendation to the County Council. Thank you. LIN: Okay, thank you Clinton. Commissioners, any questions for staff? 2 EXHIBIT A DANIELE: Yeah, I just got one question. LIN: Vice Chair. DANIELE: Is that easement in use right now or will they have to actually create that easement? I know it's there on paper but, when I googled Earth, I didn't see any road there. MERCADO: Thank you, Commissioner. Yes, that easement is currently there. It's paved. So, let me go back to the picture here. So, here, where it shows the reciprocal easement. I went up to the site and there's a pin located in the middle of that driveway. So, the driveway currently is twelve (12) feet wide, the easement is ten (10) feet for Imamura and the neighboring property on the makai side. So, yeah, so that driveway is currently being used now to access the back of the property which was like I said previously maintained orchards. Yeah, so, later when they do come in for subdivision at that time when they do subdivide, they can address the access easement to meet the prevailing codes. DANIELE: Thank you. MERCADO: Thank you. LIN: Okay, thank you. Just for my clarification, this property is up near pass the Life Care Center? MERCADO: That is correct. LIN: Yeah. MERCADO: Pass the Life Center on the right-hand side. LIN: Okay. MERCADO: Yep,just before the bend. LIN: Okay. Thank you. MERCADO: Thank you. LIN: Any other questions Commissioners? Okay, if not, thank you Clinton and I'll now ask for the applicant or the applicant's representative to come up. [A male and female from the audience approached the testifier table]. I'll swear you both in. If you'll please raise your right hand. Do you swear or affirm to the truth on this matter now before the Windward Planning Commission? MALE AND FEMALE AT TESTIFIER TABLE: I do. 3 EXHIBIT A LIN: Please state your name, and the area you reside in and whom you represent. And the question I have to ask you, is have you received the background and recommendation reports from the Planning Department, and do you agree with the recommendation including the proposed conditions? PIPAN: Aloha kakou, John Pipan, Land Planning Hawaii and I live just outside of Honoka`a. To my right is the applicant, Constance Imamura and she lives on the subject property off Kawailani Street in Hilo. We have received and reviewed the proposed conditions for the Change of Zone, and we agree with them. We appreciate the hard work that the Planning Department put into it. We definitely appreciate the great introduction to the project that presentation from Planning Staff, Clinton. So, with that, if you'd allow me, I can just have some brief remarks. This is a pretty simple request. Mrs. Imamura wants to her have home on her own lot and be free of the burden of maintaining the five (5) acres in total. Half an acre with a home is more than enough for anyone to maintain and someone with that agricultural interest can clean up the orchard, revive it, bring it back into productivity or perhaps change it into something else. But we feel like the guidance supports this, right, the General Plan, the State Land Use both support this request. In fact if a larger subdivision or a more dense subdivision were requested the guidance would even support that. Mrs. Imamura is not a developer, she has no desire or capacity to build a larger subdivision so, this is a request that we have and with your favorable consideration we would respectfully request you forward this recommendation on to the County Council. Thanks. We're here to answer any questions you might have. LIN: Thank you, Mr. Pipan. Mrs. Imamura, do you have any comments that you'd like to make? IMAMURA: Actually I'm getting pretty old. I'm eighty-six (86) years old now and it's too much to keep up in back. So, I just want to get rid of it and relax a bit now. LIN: Sure, but you're okay if you do sell the parcel in the back and somebody does come in with it to maintain the orchard or do some sort of agricultural activity. You're okay with like a more commercial farming equipment that goes through that easement to the back property. IMAMURA: No problem. LIN: Okay. Just wanted to make sure that's, you understand this. If that happens right. IMAMURA: Nods her head. LIN: Okay. Commissioners, any questions for the applicant or the applicant's representative? DANIELE: Yes, I just got a quick question. 4 EXHIBIT A LIN: Go ahead Vice Chair. DANIELE: The orchard mac nut? Is that what it was. IMAMURA: Mac nut, yes. DANIELE: Okay, that's what I thought. Okay. IMAMURA: Yeah, it's hard for me to go picking it up (giggling). DANIELE: Yeah, yes, it is. Okay, thank you. PIPAN: If I could. Just one comment for the record. On the agenda the square footage is noted as 21,780 square foot and, in the ordinance, and on the map, it is 23,000, let me get that right here, 23,012 and that was correct in Clinton's presentation. LIN: Okay. PIPAN: Yeah. LIN: So, we'll just reflect that on the record. Okay. So, for the record we'll correct that then, yeah, thank you. Okay, seeing that there's no other questions or comments from the Commissioners. Is there a motion for action on this application? DANIELE: I move that a favorable recommendation be forwarded to the County Council on the application for Change of Zone, Docket No. PL-REZ-2023-000048, based on the Planning Director's recommendation, which shall be adopted. LIN: Okay, it's been moved by Vice Chair Daniele. Is there a second? PERRIN: Second. I second. LIN: Okay, seconded by Commissioner Perrin. Any discussion on this motion? Okay, seeing none, all in, oh sorry, roll call, yeah? JACKSON: Yes. LIN: Sorry. JACKSON: Mr. Chair, I'd like to make one more clarification. LIN: Sure. JACKSON: This is the Deputy Planning Director's recommendation because the Planning Director had a conflict of interest. 5 EXHIBIT A LIN: Okay. JACKSON: Thank you. LIN: Thank you. Sorry, roll call vote please. MERCADO: Thank you Chair. Vice Chair Daniele? DANIELE: Aye. MERCADO: Commissioner Perrin? PERRIN: Aye. MERCADO: Commissioner Balog? BALOG: Aye. MERCADO: Commissioner Cross? CROSS: Aye. MERCADO: Commissioner De Luz? DE LUZ: Aye. MERCADO: And Chair Lin? LIN: Aye. MERCADO: Thank you, the ayes have it, it's six (6) to zero (0). LIN: Okay, thank you. You'll be notified of the Commission's decision in writing. PIPAN: Thank you very much, aloha. IMAMURA: Thank you. The item ended at 9:20 a.m. 6 EXHIBIT A Respectfully submitted, Melissa Dacayanan-Salvador, Secretary Windward Planning Commission 7 EXHIBIT A