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HomeMy WebLinkAbout2016-12-01 Hearing Transcript - PD Initiated SLU 16-046 & REZ 16-214WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT DECEMBER 1, 2016 A regularly advertised hearing on the Planning Director Initiated State Land Use Boundary Amendment (SLU 16-046) and Change of Zone (REZ 16-214) was called to order at 9:16 a.m. in the County of Hawaii Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii with Chairman Gregory Henkel presiding. COMMISSIONERS PRESENT: Joseph Clarkson, Donn Dela Cruz, Gregory Henkel, Donald Ikeda, and Raylene Moses. ABSENT & EXCUSED: Myles Miyasato. ALSO PRESENT: Duane Kanuha (Planning Director), Malia Ho (Deputy Corporation Counsel for the Windward Planning Commission), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner), Maija Jackson (Staff Planner), Christian Kay (Staff Planner), and Sarah Hata-Finley (Commission Secretary). And 10 members from the public in attendance. INITIATOR: PLANNING DIRECTOR State Land Use District boundary amendment (SLU 16-046) and Change of Zone (REZ 16- 214) comprising the following actions: a) Reclassify lands from the State Land Use Agricultural to Urban District, covered by Tax Map Key 4-8-006: Portion of 003; and b) Reclassify lands from Resort -Hotel (V-25) and Agricultural (A -40a) to Single -Family Residential (RS -5a & RS -10a) covered by TMKs: 4-8-006:003, 013 & 069. The properties are the site of the formerly proposed Trees of Kukuihaele development located within Kukuihaele and makai of the Honoka`a-Waipi`o Road (Highway 240) and the Old Government Road at Waikoekoe and Kanahonua, Hamakua, Hawaii. HENKEL: We can move onto three then. Is everybody good to go? DARROW: Thank you, again, Mr. Chairman. If I can direct your attention to our presentation. As mentioned, this one—this request is connected with the properties that were a part of our previous request. The Planning Director is initiating a State Land Use Boundary Amendment as well as a Change of Zone for the subject properties. Again, for reference, we have Honoka`a in this general area which is east of the subject property. Waipi`o Valley would be just west of the subject property. We have Honoka`a-Waipi`o Highway, and that runs just mauka of the subject properties. This is a closer view identifying the County zoning of the area as well as the roadways in the general area. EXHIBIT C For reference, we have the Honoka`a-Waipi`o Highway that runs just mauka of the subject properties, and we have the Old Government Road that runs makai. Main access to the subject properties, which are identified with a black outline, is from Old Government Road. There are some driveway accesses off the highway, but they appear just to be to, to access the back portions of the lot. The main accesses are from the Government Road. As mentioned previously, the properties are zoned Resort -Hotel — 25,000 square feet. This is our State Land Use Boundary Map. This identifies the State Land Use designations in the area. The green represents Agricultural. The purple or pink represents Urban, and the blue represents Conservation. The subject properties are identified as Urban. This is our General Plan Land Use Pattern Allocation Guide Map for the area. The subject properties are identified as Low Density Urban which is the mustard colored areas. This is an aerial photo. Again, for reference, we have the Honoka`a-Waipi`o Valley [sic] Highway and the Old Government Road. We have Tiger Mill Camp, and we have the subject properties identified with a black outline. Currently, there is the Old Manager's Plantation House located on the larger parcel, and the social hall that is located on the eastern property. This structure is apparently no longer there. The Planning Director is initiating a State Land Use Boundary Amendment from Agricultural to Urban for Tax Map Key 4-8-006:portion of 003. This is the one that is most eastern, and we'll show you what that entails shortly. As well as a Change of Zone from Resort -Hotel, V-25, and Agricultural, Ag -40 acre, to Single -Family Residential RS -5 acre and RS -10 acre. Two properties will be RS -5 acre, and one property will be RS -10 acre. This will give a clearer indication of what the proposed request entails. This is our State Land Use Boundary change map. The portion that we're looking at to change from State Land Use Ag to Urban is this small 8,000 -square foot sliver that's on a portion of parcel 3. Previously, this parcel came over and was a part of this parcel, and when they subdivided it, this particular sliver was placed into this property, and that was not taken care of as far as the State Land Use zoning as well as the change, the County zoning. So, additionally, for the Change of Zone, we have that small Ag -40 portion of 8,000 square feet that will be changed to RS -5 acre for this parcel, and this parcel will change from Resort -Hotel to RS -5 acre. And, this property will change to RS -10 acre. As mentioned previously by the Applicant's representative, the reason for the request is Department of Water Supply has indicated there is only one meter of water available for each identified parcels. The reason for the RS -10 acre versus the RS -5 acre is that this parcel is approximately 14 acres. This would have not, by going RS -10 acre, it would not allow a subsequent subdivision. These parcels are under ten acres so by going RS -5 acre, again, it would not allow these to subsequently subdivide. EXHIBIT C 2 The reasons for the action, just to give some background on this, previously in this particular area, there was aback in the nineties, there was a project called the Aman Resort, and there was quite a number of changes that occurred to the zoning—as County zoning, State Land Use zoning in the area to be able to allow that project to go forward. In early 2000's, it was apparent that, that project was not going to go forward, so a new owner came forward for the subject properties, Tom Heers, who was representing Trees of Kukuihaele. He requested that that particular, those three parcels, remain in Resort -Hotel to do a project called Trees of Kukuihaele. That project did not also go forward so currently, these three properties are encumbered by this ordinance that has very strict conditions that the Applicant cannot comply with; mainly, being able to supply the needed water, County water, to the properties. There are other conditions that because of that, they could not comply with as well. But, back to our presentation. The Change of Zone Ordinance 01-22 was approved for the Trees of Kukuihaele development by the Hawaii County Council in 2001, but a number of the conditions have not been fulfilled including Condition C, securing and paying water commitment fees; Condition D, securing either final subdivision or final plan approval, as well as other conditions. The new owner is not pursuing the proposed development, and the project has essentially been abandoned. There is only one water meter available for each of the three parcels. The representative of the current owner of the subject properties suggested the downzoning of the properties to RS -5 acre and RS -10 acre. Here are some site photos of the area. This is on the eastern portion of the Old Government Road as you're coming off the highway travelling towards the subject properties or travelling west. So, this is the Old Government Road. This is the social hall that is on parcel 3. This is the Old Government Road with the access. I believe this access is on the middle parcel, but it provides access to the parcel on the west end that has the Old Manager's Plantation House. This is a photo of the larger property that has the Manager's Plantation House, and this is a closer view of that historic structure. This is a photo of looking east towards Honoka`a on Highway, Honoka`a-Waipio Highway, with the subject properties on the left side. The Planning Director is recommending that the Commission forward a favorable recommendation to the Hawaii County Council for both the State Land Use Boundary Amendment and the Change of Zone request. Just for your information, because of the fact that this is being downzoned to such a low density, the Planning Director, as part of the ordinance, is repealing Ordinance 01-22 as well as the conditions that were attached to that so they would no longer be encumbered on these properties. With that, that concludes our presentation. If there are any questions, I'm more than happy to answer them. Thank you. EXHIBIT C 3 HENKEL: Thank you, Jeffrey. Are there any questions from the Commission to staff? Then, would the Applicant or representative come forward again? For the record, I'm going to swear you in again for this agenda item. Do you swear to tell the truth in this matter before the Commission? FUKE: Yes, I do. HENKEL: Thank you, Mr. Fuke. FUKE: Again, the staff's report is comprehensive as always, and this is a request that the Applicant made of the Planning Director, and the Planning Director has found fit to initiate the downzoning and obviously the Applicant has, or the landowner has no objections to the proposed downzoning of her properties. Thank you. HENKEL: Are there any questions for Mr. Fuke? Thank you. I see no one is signed up to testify on this matter. Is there anyone in the audience that would like to sign up at this time? Then, I will, would look for a motion to close testimony. DELA CRUZ: Motion to close public testimony. IKEDA: Second. HENKEL: It's been moved and seconded. All in favor, say "aye." COMMISSIONERS: Aye. HENKEL: Opposed? Public testimony is closed. Is there a motion for action and discussion? Oh, I've got to point out also that we're going to be taking action on the two items independently, the boundary amendment and then the Change of Zone, so let's do the boundary amendment first, the SLU 16-46. IKEDA: I'll make the motion. Mr. Chairman, I move that a favorable recommendation be forwarded to the County Council to amend State Land Use District Boundary SLU 16-046 and for a Change of Zone, Docket No. REZ 16-214 based on the Planning Director's recommendation and findings which shall be adopted. MOSES: Second. HENKEL: It's been moved by Commissioner Ikeda; seconded by Commissioner Moses. Is there any discussion on the matter. If not, Mr. Darrow will take a DARROW: Thank you, Mr. Chairman. If it's ok with you, we'll just take one roll call that will apply to both. Thank you. With that, we'll take the roll call. Commissioner Ikeda? IKEDA: Aye. EXHIBIT C 4 DARROW: Commissioner Moses? MOSES: Aye. DARROW: Commissioner Clarkson? CLARKSON: Aye. DARROW: Commissioner Dela Cruz? DELA CRUZ: Aye. DARROW: And Mr. Chairman. HENKEL: Aye. DARROW: The motions pass five to zero. HENKEL: Thank you. You'll be notified in writing of the Commission's decision. The discussion ended at 9:29 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission EXHIBIT C 5