HomeMy WebLinkAbout2017-07-10.HamakuaCDP.MeetingReport.DraftHarry Kim
Mayor
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Michael Yee
Director
Daryn Arai
Deputy Director
County of Hawaii
PLANNING DEPARTMENT
HAMAKUA COMMUNITY DEVELOPMENT PLAN STEERING COMMITTEE
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720
Phone(808)961-8288 • Fax(808)961-8742
Tuesday, July 10, 2018
DRAFT Meeting Report
3 CALL TO ORDER BY COUNTY COUNCIL COMMITTEE ON PLANNING
4 Council Committee on Planning Chair, Karen Eoff, called the County Council Committee on
5 Planning meeting to order at 11:00 a.m. in the Council Chambers.
6 HAMAKUA CDP SC MEMBER AND STAFF ATTENDANCE
7 Steering Committee: Brad Kurokawa (Chair), Farrah -Marie Gomes (Vice), Glenn Carvalho, Craig
8 Neff, Ka'iulani Pahi'o
9 Absent/Excused: Scott Enright, Lorraine Mendoza, Jason Moniz
10 Planning Department Staff: Michael Yee, Planning Director; COH Planners: LeAna Gloor, Bethany
11 Morrison, and Eric Cook
12 PUBLIC TESTIMONY AT COUNCIL COMMITTEE ON PLANNING MEETING:
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14 21 individuals testified in relation to Bill 161 to adopt the Hamakua Community Development
15 Plan.
16 • 14 individuals testified in support of Bill 161
17 • 3 individuals testified in opposition to Bill 161
18 • 4 individuals provided comments on Bill 161
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20 1. Jim Cain:
21 Mr. Cain, representing his family, testified in support of Bill 161. He stated that he is a
22 Taro Farmer from Waipi'o Valley and is in full support of passing Bill 161 to adopt the
23 Hamakua CDP. He praised the amount of input that went into the CDP from the
24 community and the special focus Waipi'o Valley receives in the CDP.
25 2. Shelley Mahi-Hanai:
26 Ms. Mahi-Hanai provided comment on Bill 161. She stated she was very encouraged by
27 the language dealing with lands held in public trust as well as land use issues. She noted
28 page 62 and 63 of the CDP in relation to land use issues. She stated that she works with
29 the Native Tennant Protection Council and wanted to note that native tenant rights are
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not just gathering rights, but that native tenants are entitled to a quarter acre for a
house, a quarter acre for a garden, and an extra quarter acre for gardening if they are on
Kona side.
3. Ken Church:
Mr. Church provided comment on Bill 161 regarding conservation land designations. He
stated that he owns land in the Hakalau area, and that his land is in the Conservation
District. He stated that he believed that conservation lands are supposed to be used to its
full economic potential as well as preserve natural resources.
4. Dwight Vicente:
Mr. Vicente testified in opposition of Bill 161. He stated that the CDP district contains
crown and government lands and that those lands have not changed since the Great
Mahele. He also stated that land ownership is not possible, and land is only leased for 25
years in the Hawaiian Kingdom.
5. Steven Strauss:
Mr. Strauss testified in opposition to Bill 161. He stated that he represents Shropshire
Group LLC, a Hakalau land owner. He expressed concern about the open designation for
the Shropshire Hakalau property that is currently in industrial zoning. Mr. Strauss stated
that he is concerned the recommended Open designation will press private property into
public service, i.e. a public park on Shropshire's Hakalau property. He also stated that he
believes the additional restrictions in the Open designation can impair the economic
beneficial use of the land and result in an unintended regulatory 'taking'.
6. Carlton Loving:
Mr. Loving testified in support of Bill 161. He stated that he was a resident of Honomu.
He stated that there is an approximately 13,000 acre property, owned by a development
company in Oahu, which stretches from the edge of Honomu to Kaiwiki. The land is in
Conservation and he does not know what the owners plan to with the property, but he
believes that the CDP will give the County a means to make sure the use of the property
is in line with what the community wants.
7. Susan Forbes:
Ms. Forbes testified on behalf of the Hakalau Point Preservation Association in support of
Bill 161. She stated that she was a resident of Hakalau and that the Hamakua CDP has
had substantial community input. She spoke about the development process of the
Hamakua CDP, stating there was great consistency over time in the feedback for the
community. She stated that the Steering Committee considered the controversial topics
carefully and made decisions objectively and rationally. She also stated that she believes
the Hamakua CDP accurately reflects community feedback and is an important tool for us
moving forward.
8. Susan Melow:
Ms. Melow testified in support of Bill 161. She stated that she and her family live on a
small farm mauka of Hakalau and that the CDP codifies her vote to keep country, country.
She believes that the emphasis within the CDP to sustain the agricultural nature of the
Hamakua coast to be the right course.
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74 9. Akiko Masuda:
75 Ms. Masuda testified in support of Bill 161. She stated she is a Wailea resident and she
76 chanted an oli for the County Council to express her profound love for Wailea. She urged
77 the County Council to adopt the Hamakua CDP and stated that it would determine the
78 course for Hamakua for generations to come.
79 10. June Kaye:
80 Ms. Kaye testified in support of Bill 161. She stated that she was a Hakalau resident and
81 she urged the County Council to adopt the Hamakua CDP. She stated that the CDP
82 reflects years of hard work by the community and Steering Committee to develop a plan
83 to protect the assets of Hamakua for future generations.
84 11. David R. Longacre Jr.:
85 Mr. Longacre provided comment on Bill 161. He stated that he was farmer and forester
86 from Hakalau. He expressed his support for the CDP overall, but believes it contains
87 provisions that act against agricultural interest. He cited section 4.5.4, Policy 35 to
88 establish viewshed regulations and section 4.5.6 Community Action to educate residents
89 on alternatives to tall vegetative windbreaks. He stated that the CDP has no clear
90 definition on what the viewsheds are or how the viewshed protection is in line with
91 agricultural zoning and allowed uses. He requested the removal of the aforementioned
92 portions of the CDP. He suggested a public/private partnership with possible tax credits
93 to landowners in viewsheds to encourage owners to maintain their property to enhance
94 viewsheds.
95 12. Kurt Melow:
96 Mr. Melow testified in support of Bill 161. He stated that he was a Hakalau resident and
97 that the Hamakua CDP protects the public trust in preserving Hawaii's unique natural,
98 cultural and historic resources for future generations of resident and visitors. He urged
99 the County Council to adopt Bill 161.
100 13. Brad Kurokawa:
101 Mr. Kurokawa, Hamakua CDP Steering Committee Chair, testified in support of Bill 161.
102 He stated that the Steering Committee listened to the voice of the people, to reflect the
103 desires of the community. He also stated that there was an extensive community
104 engagement process to inform this plan. He asked the Council to consider the testimony
105 and adopt the Hamakua CDP so we may begin implementation.
106 14. Steve Shropshire:
107 Mr. Shropshire testified in opposition to Bill 161. He stated he was the owner of Hakalau
108 Point. He stated that he purchased the property in 2004 and that the CDP now calls for a
109 land use designation that would make his property Open instead of the current Industrial
110 designation. He stated that he purchased the land with Industrial zoning, and believes the
111 plans he has for the property fit well within the goals and objectives on the Hamakua CDP
112 by enhancing and promoting sustainable agriculture and revitalizing retail service and
113 dining. He believes the Open designation is a violation of his private property rights. He
114 claimed there was a conflict of interest regarding his Hakalau property because Brad
115 Kurokawa, the chair of the Steering Committee was the landscape architect hired to
116 design a park for Hakalau Point.
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118 15. Jennifer Weinert:
119 Ms. Weinert testified in support of Bill 161. She stated that she lives between Pepe'ekeo
120 and Papa'ikou and that the CDP is a reflection of the community's will, with thousands of
121 hours of testimony and collaboration. She urged the County Council to adopt the
122 Hamakua CDP.
123 16. Ken Forbes:
124 Mr. Forbes testified in support of Bill 161. He stated that he was a Hakalau resident and
125 the fact that the community preferred the Open designation for Hakalau Point is a good
126 example of the CDP process working according to its purpose. He stated that the
127 community preferring the Open designation will not compel the County to make any
128 particular rezoning decision in the future and that the Open designation
129 recommendation is solely advisory. He claimed that the popular opinion of the public is
130 that Hakalau Point is a property worthy of preservation.
131 17. Tyrone Gorre:
132 Mr. Gorre provided comment of Bill 161. He stated that he owns property in Pepe'ekeo
133 and currently lives in Papa'ikou. He supports the Hamakua CDP overall, but suggested
134 flexibility in land use designations. He stated that the land he owns used to have a
135 hospital on the site. He wanted to have an affordable healthcare facility on his property
136 and is unable to do so because of the zoning.
137 18. John R. Kaye:
138 Mr. Kaye testified in support of Bill 161. He stated that he was a Hakalau resident and
139 that the General Plan is consistent with the CDP, protecting the shoreline and
140 maintaining it for recreational, cultural, and scientific uses. He stated that the CDP is
141 consistent with State Coastal Zone Management to preserve and protect the coastline.
142 He stated that the CDP will not change zoning and there will be no 'taking' of the Hakalau
143 property, and that it remains zoned Industrial and it is still in the SMA zone.
144 19. Glenn Carvalho:
145 Mr. Carvalho, Hamakua CDP Steering Committee member and Pepe'ekeo resident,
146 testified in support of Bill 161. He stated that he believes the CDP meets the values and
147 the goals of the people of the district. He stated that this has been a long process, almost
148 ten years long with a lot of public input. He also stated that the scenic view planes and
149 windbreaks the CDP does not say you can't plant windbreaks. Mr. Carvalho stated that he
150 had made the motion to recommend the change to the designation of Hakalau Point and
151 not Brad Kurokawa.
152 20. Farrah -Marie Gomes:
153 Ms. Gomes, Hamakua CDP Steering Committee Vice Chair, testified in support of Bill 161.
154 She stated she was involved in the early 'values and vision' phase and later part of the
155 Steering Committee. She stated that during this process there was a representative
156 cross-section of the community that provided input in developing this plan. She urged
157 the County Council to pass Bill 161 and adopt the Hamakua CDP.
158 21. Carol Ignacio:
159 Ms. Ignacio, lifelong resident of Puakea Mauka, testified in support of Bill 161. She
160 thanked the Steering Committee for their dedication to the CDP over the almost 10 year
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161 process. She stated that she has attended many of the CDP meetings, and there is no
162 doubt that the CDP speaks to the peoples' wishes.
163
164 BUSINESS:
165 1. County Council Committee on Planning Public Meeting Regarding the Hamakua Community
166 Development Plan (Bill 161):
167 This meeting was a concurrent County Council Committee on Planning meeting and a Hamakua
168 Community Development Plan Steering Committee meeting to abide by the Sunshine Law (HRS
169 Chapter 92) and enable the CDP Steering Committee members to attend and provide comments
170 to County Council Members. The purpose was to determine passage of the Hamakua Community
171 Development Plan to go before County Council (Bill 161: Adopts the County of Hawaii Hamakua
172 Community Development Plan). Prior to this meeting, the Windward Planning Commission
173 forwarded its favorable recommendation for the adoption of the Hamakua CDP to the County
174 Council Committee on Planning. Members of the Hamakua Community Development Plan
175 Steering Committee attended this Council Planning Committee meeting and were able to testify
176 and answer questions from the County Council Members during the public meeting.
177 At 1:20 p.m. Chair Eoff called for a recess. The meeting reconvened at 1:48 p.m. and at 1:49
178 p.m., Chair Eoff called for a recess of the Planning Committee. [Note: there were initially five
179 members of the Steering Committee in attendance. Several members of the Steering Committee
180 left early for prior engagements, due to the extended recess that was called by Chair Eoff. The
181 extended recess was called to convene the full Council meeting for scheduling purposes.]
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183 The meeting reconvened at 3:30 p.m. r
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185 Ms. Poindexter moved to recommend passage of Bill 161 on first reading. Seconded by Ms.
186 David.
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188 Michael Yee, Planning Director, introduced the Hamakua CDP to Council and opened the
189 discussion on the passage of Bill 161. Planning Staff, LeAna Gloor and Bethany Morrison gave a
190 PowerPoint presentation to the members of the Committee. The presentation slides that were
191 displayed are available in PDF format and can be viewed and downloaded from the following
192 website: http://records.hawaiicounty.gov/WebLink/DocView.aspx?dbid=1&id=94090&page=1 .
193 NOTE: For viewing of the presentation, see the DVD copy of the meeting proceedings on file in
194 the County Clerk's Office. A copy of the PowerPoint presentation is made a part of the record,
195 see Comm. 967.1.
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197 Following the presentation from the Planning Department, a discussion was opened between
198 the County Council members and Planning Staff to address any questions or concerns the
199 Council Members had. The topics of transfer of development rights (TDR), affordable housing,
200 agricultural setbacks for apiaries and piggeries, and the authority of the CDP maps were
201 discussed between the County Council Members and Planning Department staff. Planning staff,
202 Ms. Gloor and Ms. Morrison provided further clarity on these topics. After discussing with
203 Planning Department staff, the Council did not have any outstanding issues with the
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204 aforementioned topics. There was an in-depth conversation regarding the relationship between
205 the LUPAG zoning maps from the General Plan and the Land Use Guide maps from the CDP. The
206 topic of Industrial zoning was also discussed in greater detail.
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208 Councilmembers inquired as to whether the Land Use Guide maps from the CDP were advisory
209 or mandatory, and what the procedure is in cases where the General Plan LUPAG map does not
210 match up with the Land Use Guide maps in the CDP. Ms. Gloor explained that future land use
211 decisions in the Hamakua CDP planning area shall be consistent with the Land Use Guide Map,
212 unless the CDP and the General Plan are in direct conflict, in which case the General Plan is
213 controlling. Ms. Morrison clarified that the Land Use Guide maps are advisory and stand as a
214 recommendation for future development. This helps to inform decisions regarding requests for
215 changes of zone. If a change of zone is requested, but does not match up with the Land Use
216 Guide maps, this may influence the decision from the Planning Department to approve or deny
217 the request. Ms. Gloor also clarified that the Land Use Guide maps serve as a guide.
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219 Councilmember Chung asked why there were not more lands designated for light industrial uses.
220 Ms. Gloor explained that there are is only one Industrial designation used in the General Plan
221 LUPAG designations, which are the same designations used in the CDP maps. That Industrial
222 designation covers all industrial uses - everything from light industrial to heavy industrial. It was
223 determined through research and the community's preferences that it was not advantageous or
224 desirable to have the heaviest industrial uses on coastline parcels or river banks for
225 environmental protection purposes. For this reason, the Industrial designation was preferred to
226 be placed further away from the coastline to prevent the development of heavy industrial use in
227 those areas. Ms. Gloor went on to explain that CDP Policy 6 states that industrial uses may be
228 permitted outside the LUPAG Industrial designated areas through two different regulatory
229 processes. This policy was intended to allow some flexibility on a case-by-case basis for light
230 industrial and service industrial uses in or around Hamakua's towns and villages. Members of
231 the County Council did not have any outstanding issues or concerns to discuss after the
232 discussion with Planning Department staff on this matter.
233
234 The motion to pass Bill 161 on first reading was carried by the following voice vote:
235
236 Ayes: Committee Members Chung, David, Kanuha, Lee Loy, Poindexter, Ruggles, and
237 Chair Eoff -7.
238 Noes: None.
239 Absent: Committee Members O'Hara and Richards — 2.
240 Excused: None.
NA
244 ADJOURNMENT: At 4:31 p.m. the Chair called for a recess to continue the Committee on
245 Planning. [The discussion of Bill 161 to adopt the Hamakua CDP was adjourned at 4:31 p.m.]
246 To view the full County Council Committee on Planning Minutes please use the following link:
247 http://records.hawaiicounty.gov/Weblink/0/doc/963959/Pagel.aspx
248
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