Loading...
HomeMy WebLinkAbout2015-11-05 Hearing Transcript - Minoru Jr. & Katherine Takehiro WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT NOVEMBER 5, 2015 MINORU JR. & KATHERINE A regularly advertised hearing on the application of TAKEHIRO (SLU 15-043/REZ 15-194) 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, Charles Heaukulani, Gregory Henkel, Donald Ikeda, and Raylene Moses. ALSO PRESENT: Bobby Command (Deputy Planning Director), Danny Patel (Deputy Corporation Counsel for the Windward Planning Commission), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner), Lucas Mead (Staff Planner), Maija Jackson (Staff Planner), Christian Kay (Staff Planner), and Sarah Hata-Finley (Commission Secretary). And approximately 22 people from the public in attendance. APPLICANTS: MINORU JR. & KATHERINE TAKEHIRO (SLU15-043/REZ15-194) Applications for a State Land Use Boundary Amendment from an Agricultural to an Urban district and a Change of Zone from an Agricultural-3 acre (A-3a) to Residential and Agricultural- .5 acre (RA-.5a) zoning district for approximately 2.666 acres of land. The property is located nd on the southwest corner of the Mamaki Street-Awa Street intersection, Panaʻewa House Lots 2 Series, Waiākea, South Hilo, Hawaiʻi, TMK: 2-2-056:002. MIYASATO: Item No. 3, Applicants Minoru and Katherine Takehiro. Before staff’s presentation, I’ll just note for the record we have Bobby Command sitting in for our Director Kanuha for this application. COMMAND: Aloha. DARROW: Thank you, Mr. Chairman. Good morning members of the Planning Commission. Our next applicants are Minoru, Jr. and Katherine Takehiro. They are requesting a State Land Use Boundary Amendment as well as a Change of Zone. The area of this subject application is in the similar location of our first applicant, and this is in the Panaʽewa House Lots. This is in the second series that was done in this particular area. It’s outlined with a black outline. For reference, running through the middle of the map in a north- south direction is Volcano Highway or Highway 19. And, again, the different colors on the zoning represent our County Zoning. 1 EXHIBIT C This is a closer view of the area. Just for reference again, on the left side of the map, we have Highway 19 or Volcano Highway. The actual property is located on the corner of East Mamaki Street and Awa Street. Again, identified in a black outline. The light blue colors on the map represent Agricultural – 3 acre zoning. The darker blue represents Agricultural – 10 acres. And, the orange type colors represent Residential - Agricultural zoning. Our State Land Use shows our first app—the location of our first application, Panaʽewa House Lots, First Series, which is zoned Urban, and the subject property is located in the Second Series of the House Lots, and is zoned State Land Use Agriculture. This is our General Plan Land Use Pattern Allocation Guide Map which identifies the property on the edge of Low Density Urban as well as Important Agricultural Lands. For purposes of this application, it’s been identified more as Low Density Urban because of the smaller size of the lots. This is an aerial photo. Again, for reference, we have East Mamaki Street and Awa Street, and the subject property is identified in this, on the corner of these streets. Currently, there are three dwellings on the property as well as greenhouses that have been used actively for orchid and macadamia nut farming. The applicants are requesting a State Land Use Boundary Amendment from Agricultural to Urban as well as a Change of Zone from Agricultural – 3 acres to Residential Agricultural - .5 acre. This is to accommodate a proposed subdivision of the 2.6-acre property into four lots consisting of a minimum of .5 acre in size and to be conveyed to their children. The proposed 4-lot subdivision would consist of three lots that are at least one-half acre each, and the fourth lot would consist of 1+ acre and is where the applicants currently reside. This is a site plan that was submitted with the application. Again, for reference, along the top of the map, we have Awa Street. On the left side, we have East Mamaki. Its proposed subdivision identifies each of the four lots. Three of the lots are just above a half acre in size, and one lot will be one acre in size where the applicants currently reside. As mentioned, there are three dwellings currently constructed on the property, and this would be the location of the fourth lot where a greenhouse is currently located. Here are some site photos. This is on East Mamaki Street looking mauka with the subject property on the left. And, this is looking onto the property on, from East Mamaki Street. And this is looking on East Mamaki Street looking towards Awa Street which is just ahead, and the subject property is on the right. 2 EXHIBIT C This is on Awa Street with the subject property on the right side of the map. And, again, this is looking at the subject property with, from Awa Street, and then lastly looking towards the intersection of Awa Street and East Mamaki with the subject property on the left. The Planning Director is recommending that the Planning Commission send a favorable recommendation for both the State Land Use Boundary Amendment request as well as the Change of Zone. That concludes our presentation. Thank you. MIYASATO: Commissioners, any questions for staff? IKEDA: Yes, I have— MIYASATO: Commissioner Ikeda. IKEDA: When looking at the map, where is Nani Mau Gardens? DARROW: That’s—let me go back here a little—Nani Mau Gardens would just be on the top of your map. IKEDA: Okay, so this is way below the Nani Mau Gardens? DARROW: It’s, it’s approximately two streets away from Nani Mau Gardens. IKEDA: Okay. That’s it. MIYASATO: Commissioners, any further questions for staff? DARROW: Thank you. MIYASATO: I have one, Jeff. DARROW: Sure. MIYASATO: You know, for Lot No. 4, is there a designated easement to access? DARROW: Our understanding is that that’s going to be taken care of through the subdivision process that they will provide an access easement to the fourth lot. MIYASATO: Before final approval? DARROW: Correct. MIYASATO: Okay, thank you. 3 EXHIBIT C DARROW: This is just a proposed subdivision layout. So, they’ll have to make some adjustments. MIYASATO: Okay. DARROW: Thank you. MIYASATO: Thank you. Do we have the applicant or representative present? FUKE: Good morning. MIYASATO: Do you swear or affirm to tell the truth on this matter now before the Hawaiʽi County Planning Commission? FUKE: I do. MIYASATO: State your name and residence. FUKE: Good morning, Mr. Chairman and members of the Commission. My name is Sidney Fuke. I’m a planning consultant. I’m here assisting the applicants who happen to be friends of mine, Kathy and Minoru Takehiro. Kathy and I served on the Hospice of Hilo board for a number of years, and that’s how I got to, became, become acquainted with them. My business address is 100 Pauahi Street, Suite 212, Hilo, Hawaiʽi. Mr. and Mrs. Takehiro are here in the audience in the back of me. They’ve had a chance to, I’ve discussed all of the proposed conditions raised by the Planning Department staff, and they are in agreement with the recommendation. It’s our understanding that there was this one condition, Condition F, I guess, relating to the fair share contribution, and I had that clarified by the staff that, that fair share obligation would be applicable only to the newly created dwelling cause currently there are three dwellings on the property and then it’s ultimately, if approved, would be, the project would result in a 4-lot subdivision. In specific answer to your question, Mr. Chairman, regarding the proposed subdivision layout, yes, it is the applicants’ intent to have an easement over the applicants’ current residence. The primary—the lot that currently has, is being proposed for a 1-acre size, the easement to serve the fourth lot would come through that particular property. Just also, by way of additional background, the applicants have owned the property ever since the Panaʽewa House Lots Subdivision was created way back in the mid-60’s, so they lived on the property for well over 50 years. They raised their four children on the property. Two of their children currently live on the site, and the, again, like the previous application, they just want to fulfill their, I guess their estate planning purposes by going through with this 4-lot partitioning. So, with that, Mr. Chairman, if there are any questions, I’d be more than happy to answer. 4 EXHIBIT C MIYASATO: Commissioners, any questions for the applicant? IKEDA: Yes, yes, I have some. MIYASATO: Commissioner Ikeda. IKEDA: Mr. Fuke, the reason I’m asking this is, I’ve got to ask you this question, is—Nani Mau, is it on Mamaki Street? No? FUKE: Nani Mau Gardens is situated on Makalika Street and— IKEDA: --oh, Makalika— FUKE: --yeah— IKEDA: --Okay, no, the reason is that I remember once before someone came over, and I think they were one street over from Mamaki Street, but the association, they was really against it. You know, that happened four years ago. It did pass Planning Commission, but when it went to Council, it got killed. I think you remember that, and we were trying to—I was on the board trying to pass it, but we couldn’t because how can you pass something when you don’t have the community support, so I hope you guys have your meetings and so forth because I don’t want to see that happen, you know, again. FUKE: I think that the property that you’re referring to is on, I believe it’s on Awa Street and Mamaki Street, but it’s on the Hilo side of Mamaki Street-- IKEDA: --Right— FUKE: --Excuse me, Makalika Street, and it was largely an undeveloped property, and the landowner was proposing a project that would have consisted of about like eight or ten lots— IKEDA: --Right— FUKE: --This is quite unusual because, you know, that property was one of the few properties that were larger and was undeveloped and in this situation here, as with the previous applicant, you already had like long-standing residence and so they’re basically trying to subdivide for estate planning purposes as opposed to doing a development. IKEDA: Yeah, I just—I didn’t want to see you guys get roadblocks or blindsided when you go to Council because I know it’s going to pass here, but when you go to the Council, if you don’t have the community support, if they’re in opposition, you might run into some trouble. FUKE: Thank you very much for the heads up. 5 EXHIBIT C HEAUKULANI: Mr. Fuke, I had a question, please, or two. Now, I’m sensitive to applicants who come before us and are looking to start divvying up their estate. So, do I understand this correctly that there, your clients are looking for a 4-lot subdivision with the intention of conveying a lot each to each child? FUKE: That is correct. HEAUKULANI: Okay, you know, I noticed in the submittals that the representation was made that with the subdivision, the mortgage could be refinanced leaving the applicants home free of any financial encumbrances. Are, is it—am I to understand then that the children are going to pick up their own financing and then cover their parents’ note? FUKE: Actually, like a, two of the homes, where the applicants live as well as the house in the front, you know, fronting Mamaki Street, are already not encumbered, you know, financially. The last home, which was their youngest child, they constructed a dwelling, I think within the last 10 or 11 years so, in conjunction with the construction of that, they had to take out a mortgage, and because the land was not subdivided, the entire property had to be encumbered, and so with this proposed action creating the subdivision, then of course the, the youngest daughter would then refinance and then have its, have the mortgage be attendant only to that property. HEAUKULANI: All right, you know, I’m—I’m concerned with what, you know, appears to me to be an increasing move towards urbanization of Panaʽewa, but I am sensitive to that, I understand that. I’ll support this one. Thank you. MIYASATO: Commissioners, any further questions for the applicant? Okay, thank you. FUKE: Thank you. MIYASATO: Do we have anyone wishing to testify on this application? If not, can I have a motion to close public testimony? IKEDA: Moved to close public testimony. DELA CRUZ: Second. MIYASATO: All in favor. COMMISSIONERS: Aye. MIYASATO: Any opposed? I call a close to public testimony on this application. Commissioners, any discussion on this application? If not, I’ll accept a motion. 6 EXHIBIT C IKEDA: Mr. Chairman, I move that a favorable recommendation be forwarded to the County Council on the application for a State Land Use Boundary Amendment, Docket No. SLU 15-043 based on the Planning Director’s findings and recommendations which shall be adopted. MOSES: Second. IKEDA: I have a motion by Commissioner Ikeda; a second by Commissioner Moses. Is there any discussion on the motion? If not, you can call the roll. DARROW: Thank you, Mr. Chair. The motion before us is to send a favorable recommendation for the State Land Use Boundary Amendment. With that, we’ll take the roll call. Commissioner Ikeda? IKEDA: Aye. DARROW: Commissioner Moses? MOSES: Aye. DARROW: Commissioner Dela Cruz? DELA CRUZ: Aye. DARROW: Commissioner Heaukulani? HEAUKULANI: Aye. DARROW: Commissioner Henkel? HENKEL: Aye. DARROW: And Mr. Chairman. MIYASATO: Aye. DARROW: The motion passes six to zero. MIYASATO: You’ll be notified in writing. HEAUKULANI: Oh, we gotta deal with the Change of Zone, too. PATEL: So, yeah, we’re gonna need to take action on the Rezoning Application 15-194. MIYASATO: Okay. Staff, you have any comments on the— 7 EXHIBIT C DARROW: If we could just as we just did for the State Land Use Boundary Amendment. If we could have a motion for the Change of Zone. MOSES: I move that a favorable recommendation be forwarded to the County Council on the application for a Change of Zone, Docket No. REZ 15-194 based on the Planning Director’s findings, recommendation, and proposed conditions which shall be adopted. IKEDA: Second. MIYASATO: I have a motion by Commissioner Moses and a second by Commissioner Ikeda. Is there any discussion on the motion? You can call the roll. DARROW: Thank you, Mr. Chairman. With that, we’ll take the roll. Commissioner Moses? MOSES: Aye. DARROW: Commissioner Ikeda? IKEDA: Aye. DARROW: Commissioner Dela Cruz? DELA CRUZ: Aye. DARROW: Commissioner Heaukulani? HEAUKULANI: Aye. DARROW: Commissioner Henkel? HENKEL: Aye. DARROW: And Mr. Chairman. MIYASATO: Aye. DARROW: The motion passes six to zero. 8 EXHIBIT C MIYASATO: Okay, you’ll be notified in writing. The discussion ended at 9:32 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 9 EXHIBIT C