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Home My WebLink About2015-05-07 HearingTranscript - Harry and Sandra Freitas REZ 14-185 WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT MAY 7, 2015 HARRY AND SANDRA FREITAS (REZ A regularly advertised hearing on the application of 14-185) was called to order at 9:15 a.m. in the County of Hawai‘i Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai‘i with Chairman Myles Miyasato presiding. COMMISSIONERS PRESENT: Myles Miyasato, Donn Dela Cruz, Gregory Henkel, and Donald Ikeda. ABSENT & EXCUSED: Charles Heaukulani and Raylene Moses. ALSO PRESENT: Duane Kanuha (Planning Director), Danny Patel (Deputy Corporation Counsel for the Windward Planning Commission), Jeff Darrow (Staff Planner), Maija Jackson (Staff Planner), Christian Kay (Staff Planner), and Sarah Hata-Finley (Commission Secretary). And approximately 6 people from the public in attendance. HARRY AND SANDRA FREITAS APPLICANTS: (REZ 14-185) Continued hearing on an application for a Change of Zone from an Agricultural–20 acres (A-20a) to an Agricultural–5 acres (A-5a) zoning district for 50 acres of land. The property is located at 18-4233 North Pszyk Road, ‛Ōla‛a Reservation Lots, Puna, Hawai‘i, TMK: 1-8-005:133. MIYASATO: Okay, I’d like to call the meeting back to order. The second item on this morning’s agenda is the applicant, Harry and Sandra Freitas. This application was deferred, and we are, there’s a motion standing by Commissioner Ikeda, second by Commissioner Henkel. We are now in discussion for Commissioners. Commissioner Dela Cruz, have you read the minutes nd referred to as hearing transcripts, April 2, 2015. DELA CRUZ: Yes, I have. MIYASATO: Okay, thank you. Commissioners, we’re in discussion. Any discussion on the motion? IKEDA: I’m not sure if this is the right moment, but the, our legal, our counsel asked for executive session, so is this the right time? MIYASATO: Yes. 1 EXHIBIT B IKEDA: Okay, then I move to enter into executive session to consult with the Commission’s attorney on questions and issues pertaining to the Commission’s powers, duties, privileges, immunities, and liabilities pursuant to Hawai‛i Revised Statute, Section 22-4 [sic] and 5. MIYASATO: Do I have a second? DELA CRUZ: Second. MIYASATO: All in favor? COMMISSIONERS: Aye. MIYASATO: Any opposed? We’re going into executive session. Could you all please excuse us. At 9:16 a.m., it was moved by Commissioner Ikeda and seconded by Commissioner Dela Cruz that the Commission go into executive session to consult with its attorney regarding questions and issues pertaining to the Commission’s powers, duties, privileges, immunities, and liabilities, pursuant to Hawai‘i Revised Statutes Sections 92-4 and 92-5. A voice vote was taken of all Commissioners present, and motion carried with four aye votes. At 9:17 a.m., the Commission went into executive session. At 9:40 a.m., it was moved by Commissioner Henkel and seconded by Commissioner Ikeda that the Commission go out of executive session. A voice vote was taken of all Commissioners present, and motion carried with four aye votes. The hearing reconvened for regular session at 9:43 a.m. MIYASATO: I’d like to call this meeting back to order. Commissioners, any discussion? I just have a couple things to say on the motion. You know, for this particular application, yeah, you know, I agree with the representative and his statement on, you know, it would, it’s not a, it’s a sad thing if you cannot subdivide or provide land inheritance for your children because of this policy, and as far as the concurrency policy itself, you know, I agree that it needs a lot of work. At the Clifto’s rezoning, when this concurrency policy first started taking place, you know, that was the basis for the veto on the rezoning, and they did not have the votes to override the veto. And not to long after, on the adjacent property, they passed Kohanaiki; across the street, Palamanui. And this was all based on the roads or at capacity. You know, so I agree the concurrency policy needs a lot of work. One does not fit all. If I was to go out to Pszyk Road in Mountain View from there to Ka‛ū, I think I would pass maybe ten cars at the most. It is not to capacity everywhere on this island. However, with that said, you know, as you have stated yourself, Mr. Hong, because of 25-2-46, you know, it says we shall not be granted unless, and I think because of that, we put a big burden on the Planning Department if we do push a favorable recommendation for future applications. 2 EXHIBIT B And I, because of that, you know, I will have a, I would have a hard time supporting the favorable recommendation. Commissioners, any further discussion? IKEDA: Yeah, I’ll make a motion to withdraw my motion. MIYASATO: Do I have a second? HENKEL: Second. MIYASATO: Motion made to withdraw by Commissioner Ikeda, seconded by Commissioner Henkel. Any discussion on this motion? If not, can you— DARROW: Thank you, Mr. Chairman. With that, we’ll take the roll call. Commissioner Ikeda? IKEDA: Aye. DARROW: Commissioner Henkel? HENKEL: Aye. DARROW: Commissioner Dela Cruz? DELA CRUZ: Aye. DARROW: And Mr. Chairman. MIYASATO: Aye. DARROW: The motion passes four to zero. MIYASATO: Commissioners, any discussion on this application? If not, I’ll accept a motion. IKEDA: Okay, can I just say something before I make the motion? MIYASATO: Yes. IKEDA: You know, I really support this rezoning, but according to the concurrency law, I was informed that I couldn’t pass the motion we had on the books. So, it’s a, I’m gonna offer unfavorable recommendation with the conditions on it for that—hopefully, the Council will revisit concurrency law. Mr. Chairman, I move that an unfavorable recommendation be forwarded to the County Council on the application for Change of Zone, Docket No. REZ 14-185, based on the Planning Director’s findings and recommendations which shall be adopted. Also, I’d like to also add the section that we had where it says the Windward Planning Commission shall find the private 3 EXHIBIT B catch, catchment water system proposed by the applicant will satisfy the minimum water requirements that is needed to support the particular Change of Zone request, and it’s quite a large section and all the way down to the, I guess it’s a, one-two-three, I think four paragraphs. Ends with the--to be able to pursue a change of zone for a proposed subdivision which will utilize a water catchment system. MIYASATO: Okay, I have a motion. Do I have a second? DELA CRUZ: Second. MIYASATO: A motion by Commissioner Ikeda, second by Commissioner Dela Cruz. Is there any discussion on the motion? Mr. Hong, would you— HONG: Oh, I appreciate the consideration that the Commissioners have gone through in terms of you know discussing this. If given that there would be a negative recommendation sent to the County Council to hopefully spark that discussion regarding changing the law, my request would be that the original recommendation by the Planning Director which was an unfavorable recommendation with no conditions go up to the Planning, go up to the County Council, with the exception I think of Commissioner Ikeda’s suggestion. But, other than that, the conditions that we worked out with the Planning Department, I would submit or not want those to go up to the County Council. And, I don’t think they have to go up to the County Council. MIYASATO: Excuse me, just for clarification, Commissioner Ikeda, which conditions did, did you include in your motion? IKEDA: You know, where it says that a— MIYASATO: By the Director? Did you— IKEDA: It’s on, it’s on page 3 where it says the Windward Planning Commission finds that the private water catchment system. MIYASATO: Okay, so that was— IKEDA: --on the other one, you mean the original motion for unfavorable— MIYASATO: --yes— IKEDA: --recommendation— MIYASATO: --yeah. IKEDA: I think that was part of the original recommendation for unfavorable recommendation. 4 EXHIBIT B PATEL: Yeah, so just to clarify, you’re making the motion for an unfavorable recommendation based on the Planning Director’s— IKEDA: --yeah— PATEL: --Recommendation. IKEDA: Yeah. PATEL: With the exception that you’re going to add the portions— IKEDA: --right— PATEL: --you just read— IKEDA: That’s it, yes. PATEL: So, the proposed conditions would not go up with the favorable recommendation? IKEDA: No, no, just the original— PATEL: Is that right? IKEDA: Yeah. MIYASATO: Any further discussion on the motion? One more clarification, excuse me, Commissioner Dela Cruz, just for the record, you, I asked if you reviewed the transcript, but did you review the entire file? DELA CRUZ: Yes, I did. MIYASATO: Okay, thank you. Any further discussion on the motion? If not, you can call the roll. DARROW: Thank you, Mr. Chairman. Again, I, before we take the roll call, if I could just be completely sure on the proposed language to accompany the unfavorable recommendation. My understanding, it’s the, begins on the last paragraph of chapter or page 3 of the favorable recommendation, and goes to the end of the third paragraph on page 4. Is this correct? IKEDA: There was some amendments we made to it, so our counsel— DARROW: --okay— IKEDA: --legal counsel has the language for it. 5 EXHIBIT B DARROW: Okay, thank you. All righty, with that, we’ll take the roll call. Commissioner Ikeda? IKEDA: Aye. DARROW: Commissioner Dela Cruz? DELA CRUZ: Aye. DARROW: Commissioner Henkel? HENKEL: Aye. DARROW: And Mr. Chairman. MIYASATO: Aye. DARROW: The motion passes four to zero. The discussion ended at 9:52 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 6 EXHIBIT B