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HomeMy WebLinkAbout2015-09-03 Hearing Transcript - Mark & Kim Rodrigues REZ 15-190 WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT SEPTEMBER 3, 2015 MARK AND KIM RODRIGUES A regularly advertised hearing on the application of (REZ 15-190) was called to order at 9:01 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, Donald Ikeda, and Raylene Moses. ABSENT & EXCUSED: Charles Heaukulani. ALSO PRESENT: Duane Kanuha (Planning Director), Danny Patel (Deputy Corporation Counsel for the Windward Planning Commission), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner), Christian Kay (Staff Planner), and Sarah Hata-Finley (Commission Secretary). And approximately 6 people from the public in attendance. APPLICANTS: MARK AND KIM RODRIGUES (REZ 15-190) Application for a Change of Zone from an Agricultural-20 acres (A-20a) to a Family Agricultural-3 acres (FA-3a) zoning district for approximately 25 acres of land situated along the east (makai) side of Lyman Springs Road, and also bordering along the north side of Kaūmana Drive directly across of the Kaūmana Estates Subdivision in Ponahawai, South Hilo, Hawaiʽi, TMK: 2-5-003:024. MIYASATO: New Business, Item 1 on the agenda, applicant Mark and Kim Rodrigues. KAY: Thank you, Mr. Chair. Good morning, Commissioners. MOSES/DELA CRUZ: Good morning. KAY: All right, so yeah, as the Chair said, the first applicant today is Mark and Kim Rodrigues, and they’re coming in for a Change of Zone. So, just very quickly, the subject parcel outlined here in red is located in the South Hilo District of Hawaiʽi Island in the Kaūmana area. The property has frontages along Lyman Springs Road, which generally runs north-south on the map, and along Kaūmana Drive, which generally runs east-west on the map. So, for reference, the Kaūmana Estates Subdivision is here to the south of the subject parcel, and it’s directly across again Kaūmana Drive. 1 EXHIBIT A So, this 25-acre parcel is currently zoned Agricultural – 20 acres. The surrounding zoning for the area to the north and directly to the east is also Ag-20. Little farther to the east is Agricultural – 1 acre, and across Kaūmana Drive again for Kaūmana Estates Subdivision is Single Family Residential – 15,000 square feet. And to the west, Agricultural – 10 acres and some Agricultural - 3 acres. Land uses in the immediate area include residential and agricultural activities. The LUPAG designation for the subject parcel is primarily Extensive Agriculture with small amounts of Important Agricultural Land and Medium Density Urban, as indicated by the light green and the mustard color. The State Land Use designation for the entire parcel is Agricultural and, again, across Kaūmana Drive, is Urban as indicated by the red color. This aerial photograph, again just for reference, we have Kaūmana Drive running east-west, and Lyman Springs Road running north-south. Again, the parcel is outlined in red. The applicants currently live on the parcel, and they access their single family dwelling here from Lyman Springs Road. So, the applicants are requesting a Change of Zone from Agricultural – 20 acres to Family Agricultural – 3 acres in order to subdivide the property into five lots. Each of those proposed lots will be over four acres in size with the applicants retaining the largest lot, which includes their existing dwelling. The applicants then intend to convey a lot to each of their three children. Access to the applicants’ existing dwelling again is, will continue from Lyman Springs Road, and a proposed single access from Kaūmana Drive will serve the remaining four lots. Indicated here is the applicants’ site plan. Sorry, it may be difficult to see, but again the red dashed outline, again you see the applicants’ current dwelling and the, the lot will be roughly 6.3 acres, and the remaining will range anywhere between four and five acres. Here, again, along Kaūmana Drive, indicated here, and kind of blown up here, would be that access serving these, I guess, eastern most four lots. Here’s some photographs indicating frontage along Kaūmana Drive. Difficult to see into the actual parcel itself. There’s a lot of vegetation along Kaūmana Drive. Here is, looking north on Lyman Springs Road, again, this will be access for a single lot, the existing—to access the existing dwelling, and, then, looking south on Lyman Springs Road where it intersects with Kaūmana Drive. And, then along the Kaūmana frontage, here’s looking makai along Kaūmana Drive and the subject parcel is on the left, and then looking mauka on Kaūmana Drive, the subject parcel is on the right. 2 EXHIBIT A The Director is recommending a favorable recommendation be forwarded to the County Council with conditions. With that, the presentation is complete. I’m happy to answer any questions you may have. MIYASATO: Commissioners, any questions for staff? I have couple, yeah? KAY: Sure. MIYASATO: Where is Kaūmana City in relation to this? IKEDA: Above. Kaūmana City is above. KAY: I’m not sure, is it— IKEDA: Above— KAY: Is it above? Okay. IKEDA: I’m very familiar with the area. KAY: Okay. I will defer to Council member \[sic\]—so, yeah, mauka of the subject parcel? IKEDA: Yes. MIYASATO: Maybe like two miles away? IKEDA: No-- DELA CRUZ: No, right up above— MIYASATO: --Closer? IKEDA: You’re talking about— ARAI: Microphone, please. IKEDA: I think Kaūmana City is eight miles, and before the start of their property, it’s Country Club. There’s a road that used to go to Country Club Estates. That’s six miles or—between, so it’s less than about mile and a half or something— MIYASATO: Okay— IKEDA: --Maybe mile and a quarter. MIYASATO: And Kaūmana City is all catchment, yeah? 3 EXHIBIT A IKEDA: What’s that again? MIYASATO: Okay. So, where’s the water tie in for this project—that 8-inch line? KAY: So, Water Supply commented that there are lines along Kaūmana Drive as well as along Country Club Lane that they would tap into for the water for the, for the rezone of the subject parcel. MIYASATO: So, you, it’s right in front of their property? KAY: Say—I’m sorry, again? MIYASATO: The main line is right in front of the property; perpendicular to the property? KAY: They indicated that there were two lines. One fronting the property, and then one within Country Club Lane that they’d have to draw from. MIYASATO: Okay, thank you. Any other questions for staff? Thank you. KAY: Thank you. MIYASATO: Will the applicant or representative please come forward? Do you swear or affirm to tell the truth on this matter now before the Hawaiʽi County Planning Commission? FUKE: I do. MIYASATO: Could you state your name and residence? FUKE: Sure, good morning, Mr. Chairman and members of the Commission. My name is Sidney Fuke. My business address is 100 Pauahi Street, Suite 212, in Hilo. With me, this morning is the applicant, Mr. Mark Rodrigues. To answer specifically, you know, the Chair’s question—Kaūmana City is approximately, as Commissioner Ikeda had indicated, about a mile, mile and a half mauka, you know, of the subject property. The waterline along Kaūmana Drive extends approximately maybe about like three-fourths of a mile further mauka, but it just stops short of Kaūmana City. There is a one- acre lot subdivision just immediately makai by the Hilo side of the Kaūmana City, and that’s where the waterline ends. I think that you can see there’s a stand pipe, so that’s pretty much like where the County waterline ends. There are two waterlines that service the property. One is on Lyman Springs Road where the applicant currently has his meter, and then the other one is along Kaūmana Drive. With the proposed subdivision as laid out, the, the additional four lots would get service from, directly from Kaūmana Drive. 4 EXHIBIT A One additional matter that I would like to note is that when the County made some improvements to Kaūmana Drive, they actually, for better for worse, “cock-a-roached” a portion of Mr. Rodrigues’ property, so there is approximately like about 17,000 square feet of land that, that runs parallel to Kaūmana Drive that was actually improved with the pavement section. And, so Mr. Rodrigues actually has an indemnification agreement with the County at this point in time. The staff’s proposed condition, you know, requires that he relinquish that portion, and Mr. Rodrigues is gladly willing to relinquish that portion and not absorb any potential liability associated with, you know, with that property. He has had a chance to review all of the, the staff’s proposed conditions as well as the Background Report, and have found all of them to be acceptable. So, if you have questions of myself or Mr. Rodrigues, we’d be more than happy to answer. MIYASATO: Commissioners, any questions? If not, thank you. FUKE: Thank you. MIYASATO: Do we have anyone wishing to testify on this application? If not, I’ll take a motion to close public testimony. IKEDA: Move to close public testimony. MOSES: Second. MIYASATO: I have a motion by Commissioner Ikeda; second by Commissioner Moses. All in favor? COMMISSIONERS: Aye. MIYASATO: Any opposed? I’ll call a close to the public testimony for this application. Commissioners, any discussion on this application? You know, for me, I just have a short comment that, you know, with this, couple weeks ago, we had a similar application for family purposes, subdividing for family purposes, and unfortunately, that application—there was no water service in the immediate area that would have been feasible. I’m glad that this project has a closer location although it seems there’s a subdivision within a mile that has adequate rainfall, and that would be I guess a lot more affordable to subdivide if that concurrency policy was amended. So, again, you know, I think the Council needs to be encouraged to take another look at that policy. You know, it’s—we have a lot of families that just want to subdivide for their children and to make it unfeasible to do so because of other conditions on the other side of the Island that was trying to be stopped I think is a sad thing. So, that’s my only comment I have. If there’s no other comment, I’ll accept a motion. 5 EXHIBIT A MOSES: I move that a favorable recommendation be forwarded to the County Council on the application for Change of Zone REZ 15-190 based on the Planning Director’s recommendation and proposed conditions. IKEDA: Second. MIYASATO: I have a motion by Commissioner Moses and a second by Commissioner Ikeda. Any discussion on the motion? If not, call the roll. KAY: Thank you, Mr. Chair. Commissioner Moses? MOSES: Aye. KAY: Commissioner Ikeda? IKEDA: Aye. KAY: Commissioner Dela Cruz? DELA CRUZ: Aye. KAY: Commissioner Henkel? HENKEL: Aye. KAY: And Commissioner Miyasato, Chair Miyasato. MIYASATO: Aye. KAY: All right. Motion carries five-nothing. Thank you. MIYASATO: You’ll be notified in writing. FUKE (from audience): Thank you very much. The discussion ended at 9:12 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 6 EXHIBIT A