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HomeMy WebLinkAbout2017-12-07 Hearing Transcript - HICDC SLU 17-050WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT DECEMBER 7, 2017 A regularly advertised hearing on the application of HAWAII ISLAND COMMUNITY DEVELOPMENT CORPORATION (SLU 17-050) was called to order at 9:02 a.m. in the County of Hawaii Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii with Chairman Gregory Henkel presiding. COMMISSIONERS PRESENT: Joe Clarkson, Gregory Henkel, Donald Ikeda, and Myles Miyasato. ABSENT & EXCUSED: Donn Dela Cruz and Thomas Raffipiy. ALSO PRESENT: Michael Yee (Planning Director), Malia Ho Hall (Deputy Corporation Counsel for the Windward Planning Commission), Jeff Darrow (Planning Program Manager), Maija Jackson (Planner), Christian Kay (Planner), Shancy Watanabe (Planner), and Sarah Hata-Finley (Commission Secretary). And 6 members from the public in attendance. APPLICANT: HAWAII ISLAND COMMUNITY DEVELOPMENT CORPORATION (SLU-17-000050) Application for a State Land Use Boundary Amendment from Agricultural to Urban for approximately 6.569 acres of land. The subject property is located at the northwest corner of Mohouli Street and Komohana Street in the Waiakea Cane Lots, Waiakea, South Hilo, Hawaii, TMK: (3) 2-4-001:184. HENKEL: Then, we'll move to Agenda Item No. 2 which is Hawaii—the Applicant is Hawaii Island Community Development Corporation. It's SLU 17-50, and Shancy will be making the presentation. WATANABE: Thank you. Aloha kakou and good morning. The Applicant is the Hawaii Island Community Development Corporation or HICDC. This is for a State Land Use Boundary Amendment, SLU 17-50. This is the location map. The subject property is highlighted in red and located at the northwest corner of the Komohana Street and Mohouli Street intersection in the South Hilo District. The Applicant is requesting a State Land Use Boundary Amendment from Agricultural to Urban for 6.569 acres of land to continue developing 92 affordable senior housing units known as Phase 3 of the Mohouli Heights Senior Neighborhood Project under Governor's Executive Order No. 4224. EXHIBIT A Proposed are three, 2 -level apartment buildings and a community center. The Applicant proposes improvements to the access road, County waterline, on-site parking, and landscaping. Further, the Applicant has stated that they will comply with all applicable Federal, State, and County requirements including floodplain management, fire control, and wastewater system design. This is the Applicant's proposed overall site plan. Phase 1 is highlighted in green and was completed in 2014. Phase 2 consisted of a 32 -unit senior apartment building which is completed and occupied, and, the Hilo Adult Care Center, which is currently under construction. Phase 3, highlighted in yellow, will consist of the 92 units plus the community center. This is the Applicant's proposed site plan. The proposed work includes the three senior apartment buildings shown in purple; the community center shown in the teal; and the proposed parking shown in the pink. This is the Applicant's proposed elevation plans. On the left is the community center, a one - level building with walkways leading to the senior apartment buildings on either side, and this is a sample of the senior apartment building elevation which is a two-level building on the right. This is the Zoning Map. The subject property is highlighted in red and is in the Agricultural District. The Sunrise Ridge Subdivision to the north is zoned Residential, Single -Family. The University is in purple. Other Residential zoning in yellow; the Multiple -Family Residential in the brown, and Project District in the bluish, purple, gray color in the upper left hand corner. This is the State Land Use Boundary Map. The subject property is in the State Land Use Agricultural District. This is the General Plan Land Use Pattern Allocation Guide Map. The subject property is designated as Medium Density Urban. This is an aerial photograph of the subject property highlighted in yellow. As this picture was taken a while ago, it does not show the 32 -senior apartment building and the Hilo Adult Day Care Center. This photograph was taken standing on Kupuna Place looking towards the Mohouli Street intersection. This photo was taken on the road easement just off of Kupuna Place leading towards Phase 3. This photo was taken standing at the proposed upper portion of Phase 3 looking makai towards the Komohana Street and Mohouli Street intersection. These photos were of Phase 2. The photo in the center shows the Hilo Adult Day Care that's under construction, and I apologize this photo is a little dark. On the left side is the apartment building which is a continuation of the building that you see in the middle, and on the right, we had the emergency access gate leading towards Kahikini Street in the Sunrise Ridge Subdivision. EXHIBIT A 2 The Planning Director recommends a favorable recommendation for the State Land Use Boundary Amendment to the County Council. This concludes my presentation, and I'm happy to answer any questions that the Planning Commission may have. Thank you. HENKEL: Thanks, Shancy. Any questions? Myles? MIYASATO: Shancy, you know, I noticed that the DepartmentI know this is a 201H, and they, you know, allow exemptions. And, I noticed that some of the departments had a response and some requests and I noticed it's not in the conditions, and is there a reason? WATANABE: Those conditions by the County agencies and some of the State agencies will be addressed during the construction phases. The State Land Use Boundary Amendment usually just addresses the conditions towards farming and the right to farm notification to the surrounding property owners. MIYASATO: Okay. HENKEL: Anymore questions? Thank you. Will the Applicant and/or their representative come forward, please? NISHIMURA: Good morning. HENKEL: Good morning. Would you raise your right hand? Do you swear or affirm to tell the truth in this matter before the Planning Commission? NISHIMURA: Yes. HENKEL: Thank you. State your name and where you're from and proceed, please. NISHIMURA: Brian Nishimura. My address is 1174 Awiki Place, Hilo, Hawaii, and I'm the planning consultant working for HICDC. HENKEL: You did receive the Planning Director's Background and Recommendation Reports? NISHIMURA: Yes. HENKEL: Okay. You can comment on those if you like. NISHIMURA: Okay. We, HICDC, will be able to comply with the conditions which were recommended by the staff, and we are here to answer any questions that you may have. I think the staff did a good job of providing the background information regarding this request, so I don't have anything to add right now. EXHIBIT A 3 HENKEL: Thank you, Mr. Nishimura. Any questions from the Commission? Thank you. You may be seated. DARROW: Mr. Chairman? If I could interject real quick? HENKEL: Please. DARROW: This is a different kind of process that we're going through right now. It's not our normal Change of Zone/State Land Use Boundary Amendment process. This involves what is called a 201H exemption process, and that's, I think the question that Myles was trying to get to is normally, when we have a Change of Zone come before the Planning Commission, you'll see a number of conditions added on their addressing all the comments from the different governmental agencies. In this particular situation, what's happened is prior to this State Land Use Boundary Amendment coming in to the County, normally there would be a Change of Zone application. What they, what this project did, because it's mainly an affordable housing -type project, it can qualify for a particular exemption allowed by State law under 201H. And, so, it goes before the County Council, and it's the request for exemption is made and approved by them, which is part of the background here. It talks about those exemptions. So, basically, in this case, there was no Change of Zone in place at the time. They just came in and requested that the zoning be changed from Agriculture to Multiple -Family Residential without any conditions. That doesn't mean that they don't have to do any of the improvements. They still are required to do all the different requirements that are required by the different governmental agencies. There's just not any conditions. Normally, you would have a fair share condition that would require the Applicant to pay fair share costs for housing, but they're exempted from that because of the affordable housing component. There are other conditions that are added, too, but again, it's almost, it's similar toin the, you know, there are times that an applicant already has existing zoning. There's no conditions on it. So, they come in, they have to go through the Building Permit process. They have to go through sometimes Plan Approval. So, they still have all the requirements. They have to hook up to water. They've gotta make sure they meet solid waste and wastewater requirements—all these different requirements—Fire Department requirements and things. So, I think that's the main issue that's going on here, is this, this confusion. What—where are all the normal conditions we place on it? And, maybe Brian can address a little bit more detail in regards to how they're going to meet these requirements through the process. So, that way, the Commission can feel assured that this project will meet those standard conditions. And, as Shancy mentioned, because this is just a simple State Land Use Boundary Amendment, normally, the County doesn't place conditions on it. They are already placed under the Change of Zone, but that's been exempted. But, we do have what we call a Right to Farm Act that we want to make clear to residents of the project that there may be agricultural uses occurring on surrounding properties that they need to be aware of, that these people have the right to farm and that there may be nuisances caused by that. EXHIBIT A 4 Hopefully, that clears that up a little. CLARKSON: No, excuse me, now I'm confused. So, in the past, there was an exemption to County zoning. Has this project already received Building Permits? I saw construction equipment on site in the photographs. NISHIMURA: Not for Phase 3. What you saw was on-going construction on the Hilo Adult Day Care Center, and but I, you know, I believe that the confusion is that this 15 -acre property that HICDC received through a lease from the County of Hawaii, went through a pre-emption process in 2010, which included a request for a boundary amendment from Agriculture to Urban. And, at that time, the County's position was that was permitted through the 201H process, and we were granted approval. Subsequently, there was a, I guess interpretation by the State Land Use Commission that the 201H process could not be used for boundary amendments, State Land Use Boundary Amendments, and the Planning Department and the County notified HICDC and requested that we go through this process that we're going through right now. So, you know, HICDC fully complied with the requirements that were asked of them back in 2010 and subsequently through the development process of Phase 1, Phase 2, and the Hilo Adult Day [Care] Center Project. As we approach Phase 3, we were asked to use another process to submit this application before we can go through with developing Phase 3. And, commenting on Jeff s comments regarding the following, the requirements of different County agencies, prior to getting a Building Permit and Plan Approval, HICDC will be required to pay the water facilities charges, put in the water system improvements. Before they can get water, they will be required to comply with the sewer division's requirements. They've already completed the updated sewer study that was requested and found to be, the capacity is available, and so they will proceed with doing all of the agency requirements before they can get a Building Permit. CLARKSON: I just want to clarify that my confusion had to do with the fact that there were agency comments related to the project itself, such as the Water Department's facility fee and that sort of thing, and yet those wouldn't even seem to be necessary for a boundary amendment. So, that's where my confusion came from. Some of the comments appeared to apply to the project itself as it will be constructed rather than just moving the land use boundary. MIYASATO: I have one more. HENKEL: Go ahead, Myles. MIYASATO: You know, this is a great service, and I'm in favor of the project itself, but, you know, just that Land Use Commission glitch or whatever you want to call it, you know, I have this letter from you, Brian, that you will, it's recommended that you follow up with the State Land Use Boundary Amendment, yeah? So, do you folks intend to follow up? The LUC? EXHIBIT A 5 NISHIMURA: We will. HICDC intends to cooperate and participate with the Planning Department and the County to resolve that matter. MIYASATO: Okay, `cause, you know, it just, it's just that in the future, if someone else comes up with 15 acres and says oh, you know, this project didn't have to do it, why do we? And, the background comment will probably be, oh, the Commission, you know, overlooked it. And, I don't want to be the Commission that, referenced, that overlooked it. I rather be a Commission that's referenced that corrected it, yeah? So, I just would want an assurance that that would be followed up on. NISHIMURA: Yes, it will. MIYASATO: Okay, thank you. HENKEL: Joseph? CLARKSON: In fact, if I can make one more suggestion since we have a Council Member here [Secretary's Note: Council Member Valerie Poindexter was in the audience.] that in addition to the remaining nine acres of your project that requires a land use amendment, it looks to me based on the Planning maps that a great deal more land in this vicinity should be part of the State Urban rather than Agricultural area, and that the Council might want to consider doing a, applying for a much larger land use change in the future. HENKEL: You know, in the past here, the term "affordable housing" you know relates to a percentage of the median housing price of a home on the island. In the context of senior housing, is there a formula that determines what is affordable? NISHIMURA: All of the units that have been developed by HICDC for this project are for seniors who earn less than 50 percent of the median family income. HENKEL: And, then their rent would be a percentage of that income? NISHIMURA: No more than 30 percent of that, their income. HENKEL: Thank you. Any more questions? Okay, Brian, you may be seated. Thank you very much. We have one person signed up to testify. Jo -Ann Kalamau, would you please come forward? KALAMAU (from audience): Sure. KALAMAU: Okay. HENKEL: Jo -Ann, would you raise your right hand, please? Do you swear or affirm to tell the truth in this matter before the Planning Commission? KALAMAU: Yes. EXHIBIT A 6 HENKEL: Thank you. You have three minutes. Please speak into the microphone and KALAMAU: Okay. Anything to do with HICDC I'm interested, because I'm a resident in Phase 1 for three years since they got done. Well, I came because I wanted to support this new Phase 3 coming up, and I that's why I got ready to come. Usually, I'm home sleeping as a retired person, but I felt this was important that I've always had good feelings about Mr. Kato and Jaime and I wanted to make sure that this goes through, but a lot of the residents have told me their concerned about the parking, I mean coming in and out of the property, that we only have one way in and one way out. And, you approving the thing, this measure already so you must know the answer to that but not the residents. So, I was wondering if I can take back to them that they can ease their mind that going have enough room for go in and out of Phase 1, 2, and 3. You probably know that. And, so, you know, everyplace have problems, you know. In my case, I don't like dogs and there's seven around me, and I work at it. But, overall, this place is affordable. They keep it as clean as they can, and it's wonderful to live there, and when I see people driving in and out of the property, I know they're looking. They want to be living up there with us, and I'm hoping that they can. But, it fills up so fast, and I'm happy that this 92 more units will be coming up. And, they'll be happy, and I'll be happy that seniors are able to have a roof over their head and enjoy themselves in their later years `cause I plan to die over there. I'm sure other people, too, `cause they're very, very happy, and so am I in spite of our problems. And, I'm done with my three minutes. HENKEL: Thank you, Jo -Ann. Do you have anything else to add? I'll let you go. KALAMAU: Just the parking. HENKEL: Okay. Brian, would you come up and address Jo -Ann's concerns about parking and access? NISHIMURA: The 15 -acre property has one access off of Mohouli Street through Kupuna Place. During the 201H pre-emption process, HICDC was restricted from making a connection to the Sunrise Ridge Subdivision. What you saw in one of the pictures that the staff provided was a—there was a connection for emergency purposes only. And, that is—there was a gate put up and is only opened during emergency situations. Fire Department has a key. And, that's a that was a condition or a constraint placed on the project. There's no other available access point because access from Komohana Street, which is the other adjacent street, was also restricted. So, the project had to deal with the limitations being imposed on it and, you know, has been—the whole project was planned with that one access point off of Mohouli Street, and they really didn't have any other alternative as far as an alternate access. In terms of parking, each project that is being developed provides sufficient parking for each of the individual projects. So, additional parking is provided as each phase is constructed. EXHIBIT A 7 HENKEL: Thank you. Any other comments? It, you know, it seems to me the emergency gate that you have, I guess that's because Sunrise Ridge wants it restricted? NISHIMURA: They were in opposition to having access through their subdivision. HENKEL: Because, I mean, it seems to me that that's emergency egress for them, too, if it were open, but, okay, thank you. CLARKSON: Just one last question. Are there any back-ups now at this one entry? Do people have to wait to turn left onto Mohouli Street? Or is it pretty free? NISHIMURA: I'm sure that during the rush hour traffic time periods, there may be waits because I do know that traffic on Mohouli Street is backed up from Komohana beyond this Kupuna Place point. So, during the morning especially and I would assume also in the afternoon, well, maybe not so much in the afternoon, but definitely during morning peak hour traffic periods, there would be some difficulty getting out mainly for people making left turns. IKEDA: May I comment on this? I'm very familiar with the project. I was on the Council when this was approved. You're right. The Sunrise Ridge didn't want the senior center to go through their subdivision and that was one of the conditions we put in to satisfy the Sunrise Ridge Subdivision. And, you know, as the traffic, I pass there, you knowI'm very concerned `cause when I was on the Council, that is my district and I worked with Keith quite a bit, and I found that there's not too much of a holdup on people getting out of the, this development, because you can always turn right and then turn right again on Kukuau, so it's very close. Unless, the only time you're gonna be stuck in traffic is if you're gonna turn left on Komohana so. I've never seen traffic back up there, and I don't think all the residents own a car in that subdivision, I mean, in that development, either. So, like I said, I pass there almost every day, and I have never seen any trouble. HENKEL: Thank you, Brian. IKEDA: Wait, can I ask another question? IsKeith, can I ask you a question? Keith, when we passed this in 2010I thought was for the whole area. Wasn't that what— HENKEL: Excuse me, Donald, let me swear Keith in first and then we can proceed. Would you raise your right hand, please? Do you swear to tell the truth in this matter before the Planning Commission? KATO: Yes. HENKEL: Thank you. Proceed. Please state your name. KATO: Keith Kato. IKEDA: Keith, the question was, you know, when we approved this development, wasn't it for the whole 15 acres? EXHIBIT A KATO: Right. When we first brought it up, yeah, before the County, it was—we were trying to get the whole property so designated, and the Council, you know, agreed. This really is—the reason we're here today is basically a technical glitch, the way I see it. Quite frankly, you know, for years, we've been using this 201H process and so long as the property is under 15 acres, we include the change in the State Land Use District along with, you know, the zoning and any kind of exemptions that we seek. And, you know, this has been going on and on and on. But, the Land Use Commission staff, you know, I guess they looked at that exemption procedure or process in the HRS and it refers to processing LUC changes through Section 205, you know, which is the Land Use Commission's statute. So, you know, they basically have raised this question, and we're just, you know, are here today to get the matter kind of cleaned up so that there's no question that this is State Land Use Urban. The zoning has already been approved. Relief on the parking, you know, we'll provide one stall per unit instead of one and a quarter. Anyway, and, that relief, you know, we sought, and it was approved. So, it's—and it's something that the State is aware of so HHFDC which is the agency that, you know, this is Housing Finance and Development Corp., the State housing people who are created by this 201 section of the statute, they're gonna, they're proposing an amendment to just clarify that for, you know, properties less than 15 acres, you know, that the LUC change is going to be handled by the appropriate County agency. HENKEL: Thank you. You may be seated now. Anybody else? KALAMAU (from audience): Can I comment on the going in and out of the residence? HENKEL: Please come back up and use the microphone, Jo -Ann. KALAMAU (from audience): Okay. KALAMAU: Well, the answer is we not going get one other in and out, a hearing. Okay, so that tells me that we gotta be a little bit more patient when we get to the stop sign at Mohouli because the left turn is a good left turn `cause we can stop and wait our turn. There's a lane for us to wait, okay? Getting into that lane, we gotta wait for the traffic opens up for us like normal. Okay? So, if that's the way we have to live, then that's the way we gonna live, but I've never had a problem going in and out. And, the second thing was I understand that HICDC paid for a traffic light there but never got installed. Now, we have never used the traffic light so life is going on as usual. So, being that, I just going back and tell the residents just be patient and don't grumble. That's it. HENKEL: Thank you, and I don't know, maybe at some point, there could be a right turn only— KALAMAU: That's another option—be patient and go around the block like that. HENKEL: As Commissioner Ikeda pointed out, it's easy to just go around. You know, we just want to make sure that it's safe. EXHIBIT A 9 KALAMAU: Yeah, okay. HENKEL: Thank you. With that, is there a motion to close the public hearing portion of this? IKEDA: Move to close public testimony. MIYASATO: Second. HENKEL: It's been moved and seconded to close public testimony. All in favor say, "aye." COMMISSIONERS: Aye. HENKEL: Opposed? Public testimony is closed. With that, we'll look for a motion to action. MIYASATO: Chair, I'll make a motion. 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 17-000050 based on the Planning Director's recommendations and findings which shall be adopted. IKEDA: I second. HENKEL: It's been moved by Commissioner Miyasato. Seconded by Commissioner Miyasato [sic] to approve SLU 17-50. HALL: Ikeda. Seconded by Ikeda. HENKEL: Who did I say? HALL: You said Miyasato, Miyasato. HENKEL: Oh, I'm sorry, Ikeda. HALL: That's all right. HENKEL: My mistake. Shancy, will you take a roll call, please? WATANABE: Yes, Chair. Commissioner Miyasato? MIYASATO: Aye. WATANABE: Commissioner Ikeda? IKEDA: Aye. WATANABE: Commissioner Clarkson? EXHIBIT A 10 CLARKSON: Aye. WATANABE: And Chair Henkel. HENKEL: Aye. WATANABE: The motion carries four, zero. Thank you. The discussion ended at 9:33 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission EXHIBIT A 11