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HomeMy WebLinkAbout2016-02-04 Hearing Transcript - Watanabe Family Trust REZ 15-198 WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT FEBRUARY 4, 2016 WATANABE FAMILY TRUST A regularly advertised hearing on the application of the (REZ 15-198) was called to order at 9:14 a.m. in the County of Hawai‘i Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai‘i with Chairman Charles Heaukulani presiding. COMMISSIONERS PRESENT: Charles Heaukulani, Donn Dela Cruz, Gregory Henkel, Donald Ikeda, Myles Miyasato, and Raylene Moses. 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 13 people from the public in attendance. APPLICANT: WATANABE FAMILY TRUST (REZ 15-198) Application for a Change of Zone from an Agricultural-3 acres (A-3a) to a Residential and Agricultural-1 acre (RA-1a) zoning district for 2.73 acres of land. The property is located along the south side of Lama Street, approximately 500 feet west of the Railroad Avenue – Lama Street intersection in the Pana‘ewa House Lots, Waiākea, South Hilo, Hawai‘i, TMK: 2-2- 051:003. HEAUKULANI: Moving to Docket No. 2, Applicant is Watanabe Family Trust, REZ 15-198, application for a Change of Zone from an Agricultural-3 acres to a Residential and Agricultural- 1 acre zoning district for 2.73 acres of land. This is property located along the south side of Lama Street, approximately 500 feet west of the Railroad Avenue – Lama Street intersection in the Pana‘ewa House Lots, Waiākea, South Hilo, Hawai‘i, and it’s TMK: 2-2-051:003. Jeff? DARROW: Thank you, Mr. Chairman. Good morning, Mr. Chairman and Members of the Planning Commission. MOSES: Good morning. DARROW: If I could direct your attention to our next presentation. As mentioned, the Applicant is the Watanabe Family Trust, and they are requesting a Change of Zone. The area of the subject application is within the South Hilo District of Hawaiʽi. More specifically, we’re looking in the Panaʽewa House Lots area which is located in Waiākea. For reference, we have the Volcano Hawaiʽi or Hawaiʽi Belt Road running in a north-south direction. 1 EXHIBIT B And, running in an east-west direction is Lama Street. The subject property is identified with a black outline. Again, we also have Railroad Avenue that also runs in a north-south direction. This is our State Land Use Boundary map. The subject application is located within the Urban District. This is our General Plan Land Use Pattern Allocation Guide Map, and it identifies the subject property as being Low Density Urban. And, this is our County zoning map which identifies the subject property as well as the surrounding area as Agricultural – 3 acres. We do have a property in the general area that was rezoned Residential \[and\] Agricultural – 1 acre which is similar to the Applicant’s request. To the east, we have Agricultural – 10 acres identified in darker blue. This is an aerial photo. Again, for reference, we have Lama Street running in an east-west direction along with Railroad Avenue running in a north-south direction. With the subject property outlined in red, you’ll observe that there are currently two existing dwellings as well as multiple greenhouses on the property. The Applicant is requesting a Change of Zone from Agricultural – 3 acres to Residential \[and\] Agricultural – 1 acre for 2.73 acres of land. This is in order to subdivide the property into two lots. The RA-1a zoning allows for a minimum lot size of one acre and would allow a maximum density of two lots for the 2.73-acre property. There are two dwellings constructed on the subject property. Upon approval, the Applicant plans to convey a lot with a dwelling to each of her two children. This is the Applicant’s proposed subdivision map. Again, for reference, on the right side of the map, we have Lama Street which is where entrances would be provided to the two existing lots or dwellings. We have currently one access in this general area, and then to the rear residence, we have an additional access. This would be considered Lot 1, and this would be Lot 2 for the proposed subdivision. And, again, here is the existing dwelling as well as the rear dwelling in the back of the property. These are several site photos. This is Lama Street looking mauka towards Hawaiʽi Belt Road. The subject property is on the left. This is on Lama Street looking towards Railroad Avenue with the subject property on the right. And then this is a photo from Lama Street looking at the subject property. This is the one access that provides access to the front dwelling, and then you can see the additional access that provides access to the rear dwelling. The Planning Director is recommending that the Planning Commission send a favorable recommendation to the Hawaiʽi County Council with conditions. 2 EXHIBIT B With that, that concludes our presentation. Thank you. HEAUKULANI: Thank you, Jeff. Commissioners, any questions for staff? Would the Applicant and representative please come forward? Good morning. Sir, would you please raise your right hand? Do you swear or affirm to tell the truth on the matter now before the Planning Commission? FUKE: I so affirm. HEAUKULANI: Please state your name for the record and the area in which you reside. FUKE: Sure, my name is Sidney Fuke. I’m a planning consultant, and I reside here in the City of Hilo. I’m here assisting a friend of mine, Margie Watanabe. Her husband and I were like colleagues a number of years ago. Her husband used to be an agricultural specialist with the County Department of Research and Development. Over the years, you know, they were fortunate in having two children. One of the dwellings where Mrs. Watanabe currently resides, you know, she lives with her daughter and her grandchildren. The other dwelling on the property is, lives, I mean, her son lives—her son and her \[sic\], his family rather, live in the other dwelling. One of the things that they wanted to do by this rezoning as the staff pointed out is largely for estate planning purposes to be able to convey each of the respective property, you know, to their two children. Currently, the second dwelling, you know, where the son resides, he has a mortgage so, you know, understandably, you know, they want to be able to segregate the mortgage interest, and the only way to do that is you have to have the land subdivided. Mrs. Watanabe, who is here, has had a chance to review the staff’s background report, the proposed conditions, and found them to be acceptable. I’ve had discussions with your staff regarding one of your conditions which relates to the fair share contribution and I, you know, I just wanted to make sure—and this relates to Condition I—and just wanted to clarify and I got clarification from your staff this morning that if the land were subdivided into two lots then the fair share contribution would not kick in inasmuch as there are two existing dwellings on the property. However, if there are additional dwellings constructed on each of the respective properties, then at that time, the fair share requirement would kick in, and that’s kind of my understanding. DARROW: Yes. FUKE: Okay. There was another issue regarding the water. The way the condition was written, this is, relates to Condition F. You know, it specifically outlined, you know, certain things that had to be done relative to the water requirements. We wanted some flexibility, but then again, upon discussion with your staff again, the way the condition is worded it’s like a “may” as opposed to like a “shall.” In terms of Condition F, it reads like, “the Department of Water Supply, which may include” as opposed to “which shall include.” But, it does outline very 3 EXHIBIT B specific items that need to be complied with, and we wanted to have some flexibility to accommodate maybe different requirements that Department of Water Supply may stipulate at some point of time in the future, but the way the condition is written, it’s fine, so, the long—the long and short of it, the proposed condition based upon those understandings are acceptable to the client. HEAUKULANI: Jeff, did you have any comments on that or you have any— KANUHA: —Mr. Chairman? HEAUKULANI: I’m sorry, yes sir— KANUHA: —Mr. Fuke discussed this condition yesterday with staff, and staff talked to me about it, and, because it appeared that it’s, the water commitment component, you know, is subject to providing these improvements. But, on hindsight, I would suggest for the Commission’s consideration that, that it’s actually not necessary to have all the specific requirements in that condition. So what I would suggest is, and again, this is referring to Condition F, is that after—okay, it says, “Prior to issuance of Final Subdivision Approval, the applicant shall construct necessary water system improvements as required by the Department of Water Supply.” And, I’d delete the rest of the language in that condition. I think that adequately covers what the Department of Water Supply may or may not issue at the time that they do come in for Final Subdivision—assuming that’s okay with the Applicant. FUKE: That—that really clarifies the matter. Thank you very much. HEAUKULANI: So, essentially, just gives discretion to the Department of Water Supply to decide at that time. KANUHA: Correct. HEAUKULANI: Okay, and that’s acceptable to the Applicant? FUKE: Yes, that was the intent. PATEL: Mr. Chair, if I can? HEAUKULANI: Yes. PATEL: So, just to confirm, Mr. Kanuha, so you’re amending your recommended conditions as you just stated? KANUHA: Correct. HEAUKULANI: And, for the record, just to be clear, the amendment is to Condition F which will now read, “Prior to issuance of Final Subdivision Approval, the applicant shall construct 4 EXHIBIT B necessary water system improvements as required by the Department of Water Supply.” And the Applicant’s okay with that amendment? FUKE: Yes. HEAUKULANI: Very well. Commissioners, any questions for Mr. Fuke? No questions. Thank you, sir. FUKE: Thank you. HEAUKULANI: We do not have anyone signed up to testify on this matter. Is there anyone in the audience that would like to be heard on matter no. 2 regarding Applicant, Watanabe Family Trust, REZ 15-198? Hearing none, Commissioners, I need a motion to close public hearing, please. MOSES: I make a motion to close public hearing. HEAUKULANI: Thank you. MIYASATO: Second. HEAUKULANI: Okay, we’ve got a motion to close public hearing by Commissioner Moses, second by Commissioner Miyasato. Commissioners, all in favor, aye? COMMISSIONERS: Aye. HEAUKULANI: Any opposition? None. Public hearing section is closed. Commissioners, is there a motion for action? IKEDA: Mr. Chairman, I move that a favorable recommendation be forwarded to the County Council on the application for Change of Zone Docket No. REZ 15-198 based on the Planning Director’s recommendations, findings, and proposed conditions which shall be adopted. DELA CRUZ: Second. HEAUKULANI: I’m sorry, I didn’t hear who the second was. DELA CRUZ: Second. HEAUKULANI: All right, we’ve got a motion by Commissioner Ikeda; second by Commissioner Dela Cruz. Jeff, would you please roll call the vote, please? DARROW: Sure, Mr. Chairman, if I could just clarify. This includes the amendment to Condition F? 5 EXHIBIT B IKEDA/DELA CRUZ: (Nodded yes.) DARROW: Thank you. HEAUKULANI: Correct. DARROW: 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: Commissioner Miyasato? MIYASATO: Aye. DARROW: Commissioner Moses? MOSES: Aye. DARROW: And Chair Heaukulani. HEAUKULANI: Aye. DARROW: The motion passes six to zero. HEAUKULANI: You will be notified in writing by the Commission. Thank you. The discussion ended at 9:27 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 6 EXHIBIT B