HomeMy WebLinkAbout2017-08-08.HamakuaCDP.MeetingReport.DraftHarry Kim
Mayon
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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
Wednesday, August 8, 2018
DRAFT Meeting Report
3 CALL TO ORDER BY COUNTY COUNCIL COMMITTEE ON PLANNING
4 Chair Valerie Poindexter called the County Council meeting to order at 9:06 a.m. in the Council
5 Chambers, Hilo.
6 HAMAKUA CDP SC MEMBER AND STAFF ATTENDANCE
7 Steering Committee: Brad Kurokawa (Chair), Farrah -Marie Gomes (Vice), Lorraine Mendoza,
8 Glenn Carvalho
9 Absent/Excused: Scott Enright, Jason Moniz, Craig Neff, Ka'iulani Pahi'o
10 Planning Department Staff: COH Planners: LeAna Gloor, Bethany Morrison and Eric Cook
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PUBLIC TESTIMONY AT COUNCIL COMMITTEE ON PLANNING MEETING:
13 individuals testified in relation to Bill 161 to adopt the Hamakua Community Development
Plan.
• 12 individuals testified in support of Bill 161
• 1 individual testified in opposition to Bill 161
1. Koohan Paik-Mander:
Ms. Paik-Mander testified in support of Bill 161. She stated that she believed the
Hamakua CDP to be an exquisite work that expresses the true desires of the community.
2. Robert Nishimoto:
Mr. Nishimoto, a resident of Ninole, testified in support of Bill 161 and specifically
expressed his support for policy 18 regarding shoreline and building setbacks.
3. Brad Kurokawa:
Mr. Kurokawa, representing the Hamakua CDP Steering Committee, testified in support
of Bill 161. He urged the County Council to adopt the Hamakua CDP (Bill 161) and to
support the implementation of the CDP after it is adopted. He stated that all of the CDPs
have common threads that run through them and asked council to support those
threads, particularly infill and protection of sacred places.
Hawai `i County is an Equal Opportunity Provider and Employer
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4. Akiko Masuda:
Ms. Masuda, representing Wailea Village Historic Preservation Community, testified in
support of Bill 161. Ms. Masuda urged the County Council to adopt the Hamakua CDP to
honor the future generations to come.
5. Kurt Melow:
Mr. Milo, a Hakalau resident, testified in support of Bill 161. He urged the County Council
to adopt the Hamakua CDP and move forward with implementation of the plan.
6. Michael Johnson:
Mr. Johnson, a Hakalau resident, testified in support of Bill 161 with an amendment. He
claimed that the bill did not honor its own statement of purpose, specifically to develop
the economy of the Hamakua coast. He stated that the farmers of the area need an area
that is zoned Industrial commercial, and they need a place on the Hamakua coast where
they can do their business instead of going all the way into Hilo. He opposed the
suggested land use change from Industrial to Open at the Hakalau Point property.
7. Susan Forbes:
Ms. Forbes, a Hakalau resident representing the Hakalau Point Preservation Association,
testified in support of Bill 161. She attested to the consistency of public feedback and
contributions to the development of the Hamakua CDP. She explained there have been
multiple surveys to gather input on what the public would like to see as the future of
Hakalau Point, with the general consensus being a desire for open space. The HCDP really
presents what the community wants. She urged the Council to adopt Bill 161 so that
implementation of the plan may begin IV
8. June Kaye:
Ms. Kaye, a Hakalau resident, testified Sinsuppor7oBYiI1161. She attested to the immense
community input that was included in the development of the plan.
9. John Kaye:
Mr. Kaye, a Hakalau resident, testified in support of Bill 161. He stated that the
development process has remained faithful to the goals of the Hamakua CDP. He
attested that the public input was listened to and included in the development of the
CDP.
10. Dwight Vicente: Imbor
Mr. Vicente, representing the Hawaiian Kingdom, testified in opposition to Bill 161. He
claimed that to accept this CDP is to be accepting fraud. He also claimed the CDP has no
table of authority, no mention of the owner of crown and government lands. He stated
there have been false claims that people own the land, and claimed crown and
government lands cannot be owned.
11. Lorraine Mendoza:
Ms. Mendoza, representing the Hamakua CDP Steering Committee, testified in support of
Bill 161. She stated her belief that the Hamakua CDP has the unique opportunity to
validate the worth of our Hamakua communities, their vision, values, identify, culture and
aina. She attested to the numerous opportunities made available to the members of the
Hamakua communities to be heard in the development of the CDP. Ms. Mendoza
expressed her whole hearted support for the Hamakua CDP and urged the County
Council adopt the Hamakua CDP (Bill 161).
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planningahawaiicounty.gov
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77 12. Farrah -Marie Gomes:
78 Ms. Gomes, representing the Hamakua CDP Steering Committee, testified in support of
79 Bill 161. She stated that she was born in Honoka'a, and raised in Pa'auilo. Ms. Gomes
80 attested to the broad spectrum of the public that was included in the development of the
81 Hamakua CDP through holding the Steering Committee meetings in Honoka'a,
82 Laupahoehoe, and Papa'ikou. Ms. Gomes urged the Council to adopt the Hamakua CDP
83 (Bill 161).
84 13. Don Atkins:
85 Mr. Atkins, a Hakalau resident, testified in support of Bill 161. He stated that he would
86 like to see special places in Hamakua preserved and stewarded. He expressed his full
87 support for the Hamakua CDP.
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89 BUSINESS:
90 1. County Council Public Meeting Regarding the Hamakua Community Development Plan (Bill
91 161): 4111ILgir 11*
92 This meeting was a concurrent County Council meeting and Hamakua Community Development
93 Plan Steering Committee meeting to comply with the Sunshine Law (HRS Chapter 92) and enable
94 CDP Steering Committee members to attend and provide comments to County Council
95 Members. The purpose was to determine passage of the Hamakua Community Development
96 Plan as an ordinance (Bill 161: Adopts the County of Hawai'i Hamakua Community Development
97 Plan). Prior to this meeting, the Windward Planning Commission as well as the County Council
98 Committee on Planning forwarded their favorable recommendation for the adoption of the
99 Hamakua CDP to the County Council. CoH Planners, LeAna Gloor and Bethany Morrison, came
100 forward to address the members of the Council.
101 Mr. Richards asked Planning Department staff if he was correct in his understanding that the
102 policies in the CDP were not mandated, legally binding, or self -implementing and would require
103 additional legislative directives before being implemented.
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104 Ms. Gloor stated that was correct.
105 Mr. Chung expressed concern over the issue regarding the suggested zoning for Hakalau Point.
106 He was concerned that it may be interpreted as a downzoning in the future if it were to go to
107 court. Mr. Chung stated that he would not be voting for Bill 161 because of his concerns.
108 Ms. Lee Loy expressed concern over the potential for a downzoning at Hakalau Point. She also
109 stated that she believed the rest of the plan to be phenomenal and that she would still be
110 supporting Bill 161.
111 Mr. Richards asked planning staff to address the concerns that have been brought up by the
112 Council members.
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113 Planning Director Yee addressed the concerns of Council. Mr. Yee stated that the CDP is really
114 suggesting changes and not mandating them. He also explained that there may be individuals
115 who may try to use the recommended changes to leverage an actual change, but the Planning
116 Department has written the CDP in a way to avoid a taking.
117 Ms. Eoff stated that she agreed the Planning Department had provided enough clarity to avoid a
118 takings issue. Ms. Eoff commended the hard work of the Steering Committee and everyone else
119 that was involved in the development of the plan. She stated that she would be supporting the
120 adoption of Bill 161.
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121 Ms. David expressed her appreciation for all that Planning and the Steering Committee have
122 done in Hamakua. She thanked planning staff for sincerely addressing the concerns of the
123 Council members.
124 Mr. Chung asked Mr. Yee how the Planning Department would currently process an application
125 for an Industrial use at Hakalau Point.
126 Mr. Yee replied that the property has legal entitlements as it is zoned. He stated that if the land
127 owner is staying within the bounds of what they are entitled to through their zoning, it is unlikely
128 that the Planning Department could move against that even if it is not in alignment with what is
129 suggested in the CDP. X41%kbb, V
130 Mr. Chung stated that he still had legal concerns related to land use at the Hakalau Point
131 property and potential future lawsuits. Mr. Chung stated that he would be voting for Bill 161
132 wholeheartedly if it were not for the circumstances of the Hakalau Point parcel.
133 Ms. Ruggles stated that the Planning Department was very clear that the CDP is not creating any
134 new laws that will conflict with existing laws. She stated her belief that the Planning Department
135 has done their due diligence when it comes to legality. Ms. Ruggles thanked those involved in
136 the CDP process for sticking with the plan for 9 years.
137 Mr. Yee stated that all the credit for the creation of the CDP goes to Planning Staff and the
138 community that has stuck with this plan for years.
139 Council Chair Poindexter stated she was very proud of the community for standing united in
140 protecting and preserving the lifestyle and cultural heritage of Hamakua. She thanked the entire
141 community for sticking together in the process and especially the Planning Department for their
142 great leadership in the development of the CDP.
143 Mr. Chung asked Mr. Yee if there was anything in the document that specifically relates to why
144 the CDP suggested a land use change for the Hakalau Point property.
145 Mr. Yee directed Mr. Chung to the Hamakua CDP policy rationale document. Mr. Yee deferred to
146 Planning Staff to elaborate as they had worked more in detail on the matter.
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147 Ms. Gloor addressed Mr.Chung's question regarding the reasoning behind the suggested change
148 in land use. Referencing the CDP policy rationale, Ms. Gloor explained that there are three
149 shoreline parcels with County industrial zoning and that while the CDP recommends changing
150 the designation for these parcels to LUPAG Open, the land maintains its underlying Industrial
151 zoning and its associated permitted uses. The CDP does not have authority to change zoning. Ms.
152 Gloor also explained that the designation of LUPAG Open was chosen as the community's
153 preference after lengthy discussions relating to protecting coastal resources, viewshed
154 preservation, and a desire for preserving open space. She ended by clarifying that Policy 1 of the
155 CDP states that if there is a direct conflict between the CDP and the General Plan, the General
156 Plan, including the LUPAG, shall be controlling.
157 Mr. Chung referred to the testimony of another gentlemen in which he stated that if the Hakalau
158 property were to be sold, then the property would lose its entitlements. He asked if this was
159 correct.
160 Ms. Gloor replied that statement was incorrect.
161 Mr. Chung asked Chair Poindexter for a five-minute recess.
162 Chair Poindexter called for a five-minute recess at 10:38 A.M.
163 The meeting reconvened at 10:44 A.M.
164 Mr. Chung stated after thinking it over that he would be supporting Bill 161. He expressed that
165 he still has concern for how the issue could be interpreted in court later on, but stated that he
166 would be voting "yes" to Bill 161.
167 Following the discussion Chair Poindexter called for a vote to adopt Bill 161.
168 Vote on Bill 161 (Adopted):
169 The motion to pass Bill 161 on second and final reading was carried by the following voice vote:
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171 Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O'Hara, Richards, Ruggles, and Chair
172 Poindexter - 9
173 Noes: None.
174 Absent: None
175 Excused: None.
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179 ADJOURNMENT: The Steering Committee adjourned at the closing of the County Council vote
180 on Bill 161.
181 To view the full County Council Minutes please use the following link:
182 http://records.hawaiicountV.gov/Weblink/0/doc/965337/Pagel.aspx
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