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Home My WebLink About2018-01-04 Hearing Transcript - OYS Properties LLC REZ 17-224WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT JANUARY 4, 2018 A regularly advertised hearing on the application of OYS PROPERTIES, LLC (REZ 17- 000224) was called to order at 9:32 a.m. in the County of Hawaii Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii with Chairman Joseph Clarkson presiding. COMMISSIONERS PRESENT: Joe Clarkson, Donn Dela Cruz, Gregory Henkel, Donald Ikeda, Myles Miyasato, 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), and Sarah Hata-Finley (Commission Secretary). And 14 members from the public in attendance. APPLICANT: OYS PROPERTIES, LLC (REZ 17-000224) Application for a Change of Zone from a Single -Family Residential – 15,000 square feet (RS -15) to Single -Family Residential – 10,000 square feet (RS -10) zoning district for approximately 21,815 square feet of land. The subject property is located at 344 Kehaulani Street, about 165 feet from the northwest corner of the W. Kawailani Street and Kehaulani Street intersection in the Waiakea Homesteads, Waiakea, South Hilo, Hawaii, TMK: 2.4..010:028. CLARKSON: Hearing that no one is wishing to testify on the second item on the agenda, we'll proceed to the third which is an application for Change of Zone by OYS Properties, LLC, and would you make— JACKSON: —Thank you, Chair Clarkson. Okay, the next item on the agenda is a Change of Zone request, and the Applicant is OYS Properties, LLC, and Christian and Jeff told me how to use the clicker so hopefully this will go faster. We'll see. There we go. Okay, the subject property is located in the South Hilo District within Hilo Town near the Hilo Muni Golf Course. You can see the golf course in green on the bottom of the slide. You have Kawailani Street running in an east -west direction here, and Kehaulani Street running north - south. The subject property fronts Kehaulani, and it's outlined in red here. The Applicant is requesting a Change of Zone from a Single -Family Residential – 15,000 square foot to a Single -Family Residential – 10,000 square foot zoning district in order to create a two - lot subdivision. Upon approval of the Change of Zone, the Planning Director will revoke the Ohana Dwelling Permit that is, currently applies to the property. This is consistent with other similar Change of Zone requests. The existing infrastructure does not support more than a total of two dwellings on the 21,815 -square foot property. 10V1111.11 1.1 Upon subdivision into a two -lot subdivision, the Applicant will continue to live in their current residence, and they intend to use the new 10,000 -square foot lot for estate planning purposes to build a single-family residence. This is the Applicant's proposed subdivision plan. You can see Kehaulani Street on the right side of the slide. The existing house is located here, and so the lot would be subdivided to create a new flag lot with the driveway for the new lot located on the south portion of the property. The zoning for the property is Single -Family Residential — 15,000 square feet. You can see there were two similar rezones just to the north of that to RS -10. Those are shown in the yellow color, and they both created similar flag lot situations. The General Plan designation for the property and the entire area is Low Density Urban. This allows residential units, I believe up to five units per acre. And, State Land Use District for the Hilo area is Urban, which is shown in pink. This is an aerial photo. You can see Kehaulani Street on the right side of the property. Kawailani Street on the bottom of the slide. And, this area mostly consists of Single -Family residences. Here's the existing dwelling and then a future dwelling would be located on the rear portion of the lot. Okay, this is a photo of the existing dwelling and driveway. And, this is Kehaulani Street. It's a paved County road. This is looking towards Hilo Bay with the driveway on the left and looking towards Kawailani Street with the property on the right side. The Planning Director is recommending a favorable recommendation for the Change of Zone be sent to the County Council. And, that concludes my presentation. I'd be happy to answer any questions you have. CLARKSON: Any questions from the Commission for staff? If not, thank you. Will the Applicant or their representative please come forward? KERN: There we go. Good morning, Mr. Chair, Members of the Planning Commission. Mr. Director. CLARKSON: Let me swear you in first. KERN: Very good. CLARKSON: Do you swear or affirm to tell the truth before the Commission? KERN: Yes, I do, and my name is Zendo Kern, and I'm representing the Applicant. And, good morning to staff and Happy New Year everybody. EXHIBIT B 2 This one is relatively straightforward. I think staff did a great job on the presentation, and I'm here to answer any questions that there may be. I have not receivedI received one phone call from surrounding property owners, and it was more just a confusion. They, the drawing of the house looked similar to their house, and they were saying what's going on with my property, so I explained to them that it wasn't their property, it was a different property, and that we wouldn't be able to do anything to their property unless we had permission from them. I said that if they had any additional questions to please contact me, I'd be happy to go out and meet with them on- site, explain anything. Haven't heard anything back, so that's the only feedback I've gotten, and I guess I'm here to answer any questions. HENKEL: Zendo, it was mentioned that there was an ohana dwelling permit that's going to be rescinded. Is there there's not a dwelling, just a permit. KERN: No, there's no, there is no—it's just a permit. So, yeah, I made the Applicant aware of that there'd be no ohana or any future ohana dwellings permitted or any type of condominium property regime allowed. So, basically, at the highest extent, it would be able to subdivide it into these two lots and build an additional single-family residence on the new lot. So, it'd be two homes per that entire parcel. HENKEL: Thanks. CLARKSON: Anymore questions from the Commission? MIYASATO: Zendo, just the conditions, if you'll KERN: Oh yes, yes. We have reviewed the conditions and recommendation and the Applicant agrees with them, and sorry, the Applicant had plans to be on Oahu today so sorry, she couldn't make it here for that, but yes, we accept the conditions. CLARKSON: If there are no more questions, thank you, Mr. Kern. KERN: Thank you. CLARKSON: You may be seated. There is no one signed up to testify on this application this morning, so I'll need a motion to close public testimony. DELA CRUZ: Move to close public testimony. HENKEL: Second. CLARKSON: Okay, it's been moved by Commissioner Dela Cruz and seconded by Commissioner Henkel to close public testimony. All those in favor? COMMISSIONERS: Aye. EXHIBIT B 3 CLARKSON: Opposed? Motion carries. Public testimony is closed. At this point, we need a motion for action. Don't be shy. IKEDA: Mr. Chairman, I move that a favorable recommendation be forwarded to the County Council on the application for a Change of Zone, Docket No. REZ 17-000224 based on the Planning Director's recommendation and proposed conditions. HENKEL: Second. CLARKSON: It's been moved by Commissioner Ikeda and seconded by Commissioner Henkel to approve the application for rezone, and is there any discussion prior to vote? If not, we'll have the vote on this matter, please. JACKSON: Okay, Commissioner Ikeda? IKEDA: Aye. JACKSON: Commissioner Henkel? HENKEL: Aye. JACKSON: Commissioner Dela Cruz? DELA CRUZ: Aye. JACKSON: Commissioner Miyasato? MIYASATO: Aye. JACKSON: Commissioner Raffipiy? RAFFIPIY: Aye. JACKSON: And, Chair Clarkson. CLARKSON: Aye. JACKSON: Okay, the motion carries six, zero. EXHIBIT B 4 CLARKSON: And, you'll be notified in writing of the action today by the Commission. The discussion ended at 9:41 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission EXHIBIT B 5