Loading...
HomeMy WebLinkAbout2019-03-07 Hearing Transcript - Liliuokalani Trust SPP 18-202WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT MARCH 7, 2019 A regularly advertised hearing on the application of the LILI'UOKALANI TRUST (SPP 18- 000202) was called to order at 9:03 a.m. in the County of Hawaii Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii with Chairman Joseph Clarkson presiding. COMMISSIONERS PRESENT: Gilbert Aguinaldo, Joseph Clarkson, Donn Dela Cruz, Donald Ikeda, Thomas Raffipiy, John Replogle. ALSO PRESENT: Michael Yee (Planning Director), Malia Hall (Deputy Corporation Counsel for the Windward Planning Commission), Jeff Darrow (Planning Program Manager), Maija Jackson (Planner), Christian Kay (Planner), Alex Roy (Planner), Jessica Andrews (Planner), and Sarah Hata-Finley (Commission Secretary). And 43 members from the public in attendance. APPLICANT: LILI'UOKALANI TRUST (SPP 18-000202) Application for a Special Permit to establish of a community center and related improvements and activities on a 6.717 -acre parcel of land within the State Land Use Agricultural District. The property is located along the west side of Kea`au-Pahoa Road, approximately 700 feet south east of its intersection with Kukula Street and adjacent to the south of Kea`au Elementary School, Kea`au, Puna, Hawaii, TMK: (3) 1-6-003:103. CLARKSON: With that, we'll proceed to the first item on today's agenda, which is an application from Lili`uokalani Trust, and Alex Roy will make the presentation. ROY: Good morning, Commissioners. This application I'm presenting today is for the Lili`okalani Trust, Special Permit. This is to allow family outreach, counseling services, afterschool programs, recreational activities, youth programs, and special events in conjunction with the proposed community center complex. Location map here. Shows that it's just south of Kea`au, about eight miles south of Hilo right across the street from the high school. The proposed buildings they are proposing at this time is one-story, 4,600 -square foot music and cultural arts, performing arts building, a two-story, 13,900 -square foot multi-purpose building, which includes, among other things, a commercial kitchen and some office space, a 14,400 -square foot gymnasium facility that will have storage and locker rooms. So, these are the buildings that are proposed. Also, they are proposing to construct a paved parking area with approximately 110 parking stalls to accommodate the community center, a 50 -foot wide paved access from the road, and then they're gonna also incorporate student gardens, community farming terraces, walking trails, outdoor classrooms, rain gardens, and other outdoor educational kind of uses. EXHIBIT A They've provided a site plan here which shows the layout of the proposed buildings. You can see that the buildings here are up front next to the road along with the parking area. And, this will be the gardens, the rain gardens, the terrace, the outdoor educational facilities in the back in trying to keep with the natural topography of the parcel. So, the idea is to minimize the amount of grading and land -moving activities and utilize the flat area up front for the construction of the buildings, and this kind of undulating topography in the back as for their gardening and other activities. County zoning is A -20a, which is common for this area other than the A -la's, which is a residential subdivision just behind the parcel. It's zoned State Land Use Agriculture. It is in the LUPAG General Plan as Medium Density Urban. Here is an aerial photograph. As you can see, it is completely undeveloped. There are no structures. There's nothing there other than a small swale that runs along the road diverting storm water from this area down towards a culvert. This is a topography map I threw in just to kind of show, and it's a little hard to see, but you can see the flat area, or flatter area up front where they are going to do the construction of the buildings and then the sloping in the rear of the parcel which is going to have the agriculture. And, again, their attempt is to try to maintain as much of that topography as possible. Here's a street view looking north. This would be looking towards the elementary school which would be on your left. The parcel is on your left right here, and then the elementary school is just up here. The next view is to the south. The parcel in question is on your right, and then you can see the high school over here. The Planning Director is recommendation is to approve the Special Permit, and at this time, I wanted to let the Commissioners know that we did submit updated amended conditions essentially just to clean up, but the one condition that is of substance is the 10 -year, they asked for ten years to do the construction, so we have provided that time for them to do that with another ten years after as for an extension. So, it was an increase in the time necessary to develop this type of facility, which could take some time due to a number of reasons from funding to just development. That's it. Any questions? CLARKSON: Are there any questions from the Commission to staff? RAFFIPIY: Question on the conditions, the Condition D and E. Just for my clarification. Condition D, so the first ten-year extension, if there's an extension, will be granted by the Planning Director, and if they come back later on for another ten-year extension, that will be granted by the Commission. Is that what it is? ROY: Yes. RAFFIPIY: Okay, thank you. EXHIBIT A 2 CLARKSON: I have a question as to maybe perhaps the Director can answer why this is coming before us as a Special Permit rather than a land use boundary change and rezone. ROY: I'm not sure why it has not been proposed as a land use change. YEE: Yeah, I think that's a question for the Applicant. CLARKSON: Okay. Any further questions? Thank you. At this time, I'd like to ask the Applicant or their representative to please come forward. Please raise your right hand. Do you swear or affirm to tell the truth on this matter before the Planning Commission today? SEASTROM/SHIBATA: Yes. CLARKSON: Please introduce yourself and proceed. SEASTROM: Jeff Seastrom, planner with PBR Hawaii. We're consultants for Lili`uokalani Trust. SHIBATA: Michael Shibata, real estate director for the Lili`uokalani Trust. I just wanted to say aloha and good morning Chair Clarkson and the Windward Planning Commission. I just wanted to mahalo you for hearing our request today for a Special Permit application for our Kipuka Kea`au. Alex did a great job kind of describing our plans for the property, so I'll kind of keep this short. We are really excited about this wonderful opportunity and responsibility to serve the East Hawaii community. With the growing needs of the area, it is our vision and our hope that we can assist in improving the quality of lives of our children, our kamali`i, and their `ohana. The Trust is fully committed to this project. It is looking forward to continuing our outreach and initiatives within the larger community. We appreciate the Planning Department's thorough analysis and recommendations of the project. We have reviewed the revised conditions of approval that Alex mentioned, and find them to be acceptable. So, again, we're here with our planning consultants, Jeff and Kimi, from PBR Hawaii to answer any questions of the project. CLARKSON: Any questions for the Applicant from the Commission? Well, I have that one having to do with the nature of the application. I know its ag land, but it seems to me that that whole area should be designated Urban, and there was a recommendation from the State planning commission that there be a boundary change and rezone. Can you explain the difficulty with that process? SEASTROM: So, yeah, the Office of Planning did recommend a State Land Use Boundary Amendment, but in the uses that the trust wants to put forth, if it's within the Special Permit use, because it is a unique but reasonable use since it is the ag land and we still wanted—the Trust still wants to have opportunities for educational farming that maybe don't fit quite as much into the Urban land use boundary. And also, it doesn't preclude a possible amendment down the road, say if there are uses we want or the Trust wants to use that would be more accommodated EXHIBIT A 3 in Urban, but at this time, it fits better within just that special use permit or Special Permit application. So, it just seems to be more expedient for the Trust in order to still have the uses they need but not go through as much of a process at the State level. CLARKSON: Thank you. Any further questions? REPLOGLE: Yes. I'm curious. This is going to be open to the whole community for, if they wanted to go learn dancing or farming, they can go? SEASTROM/SHIBATA: [Nodded yes.] SHIBATA: So, the Lili`uokalani Trust per the will, we have, we're setup with preference of Native Hawaiian, for kids of Native Hawaiian ancestry, so with a specific focus of orphan and destitute, so they need to meet that criteria, and it is part of our mission to really serve the most vulnerable Native Hawaiian children and people within the community. Just to clarify. CLARKSON: I have one more question. I think it sounds like a great project, but I do have a concern about the students who will be crossing the Kea`au-Pahoa Road after school. There is discussion of that crossing in your application in the Background Report, but there is, as I remember it, there doesn't seem to be any indication of lighting that crossing orI just think that's a very dangerous crossing or could be. Do you have any further things to say about that? SHIBATA: Yes, so we've been in coordination with the State Department of Transportation which has jurisdiction of Kea`au-Pahoa Road, so we have identified certain traffic calming measures in our traffic study that was prepared for the permit application, and, you know, DOT did sign off on that as acceptable. I think the specific improvements have yet to be determined and will be with further consultation with DOT, but your concern is definitely noted, and we'll look into it. CLARKSON: Okay, thank you. Any further questions at this time from the Commission? If not, thank you. Please be seated. At this time, we haveI thought I had a list of potential testifiers. Did I lose it in the last five minutes here? At this time, we have three people signed up to testify on this. Would Dwight Vicente, Peggy Farias, and Suelley Mali`i [sic -Shelley Mahi-Hanai] let me ask the front desk to print names, please clearly in block letters for the benefit of this old reader. Who have we got? I know Mr. Vicente. And FARIAS: I'm Peggy. CLARKSON: You're Peggy? Who is the other person that wishes to testify on this matter? Would you please come forward? There being only three, I'm going to swear all three of you in, or not, as Mr. Vicente prefers, and ask for testimony individually. Would you raise your right hand, please? Do you swear or affirm to tell the truth on this matter before the Planning Commission today? FARIAS: [Nodded yes.] EXHIBIT A 4 VICENTE/MAHI-HANAL [No response.] CLARKSON: Okay. Let's start on this end with Peggy, and please introduce yourself, where you're from, and proceed with your testimony, please. FARIAS: Good morning. My name is Peggy Farias. I'm the president of W. H. Shipman, Ltd., in Kea`au. I'm also a resident of Paradise Park. I have already submitted written testimony, so I just wanted to affirm to you folks that W. H. Shipman, Ltd. is in full support of this project. We think that the opportunities and services that Lili`uokalani Trust will be providing to the community are excellent for an underserved population, and we just really hope that you will consider and grant this special use application. Thank you. CLARKSON: Thank you. We'll hold questions for the testifiers until the end. Please proceed, Mr. Vicente. VICENTE: Dwight Vicente representing the Hawaiian Kingdom from Hilo, Hawaiian Kingdom. There's a lot of questions as to who actually owns those lands because those lands is actually Lunalilo Trust, and Shipman claim now they own the land. And, the lands are still under the jurisdiction of the Hawaiian Kingdom. If you was to read the Ceded Land Law Review by the UH, it says only 1,750,000 acres was ceded illegally to the United States in 1898. That became the Territory of Hawaii in 1900. Hawaiian Homes rebranded Crown and Government lands to become Hawaiian Homes in 1920. State of Hawai`i/Hawaiian Homes 1959, its still 1,750,000 acres, and unless you're dealing with Hawaiian Home Lands, you're, it's outside of your jurisdiction. So, the County, the State jurisdiction, for now, being that it's questionable, is limited to lands designated Hawaiian Home Lands. And, these lands are not within the Hawaiian Home Lands. So, I would have to object on behalf of the Kingdom that you're expanding. And, the other thing is we're dealing with treaties that never was like the 1875 Reciprocity Treaty. King Kalakaua and the U.S. President did not sign. And, in 1897, all treaties with foreign countries ended, so then there's the question of your nationality, your standing on the Commission, whether you can be in the Kingdom legally. And, with that, I'll end with the reservation of the rights of this Kingdom. Thank you. MAHI-HANAL Aloha, my name is Shelley Mahi-Hanai, and I want to support the Queen Lili`uokalani Trust and endeavor toward agricultural sustainability and also connecting the Native Hawaiians, the Kanaka Maoli, back to the land. And, I wantedI'm with the Native Tenant Protection Council, and I just want to just bring that up as also another right that the Native Hawaiians have, the Kanaka Maoli have. Also, I want to commend the County for doing proper planning especially when it has to do with Native Hawaiian water rights. HRS 174C-101, so there's certain obligations that the State and the County have as a municipal corporation of the State. But, I also wanted to bring up just to remind the Queen Lili`uokalani Trust about the Hamakua land, that that is another big opportunity which the County ended up, I guess as they put, inheriting the, what was it, EXHIBIT A 5 Laupahoehoe Sugar Plantation land because the taxes weren't paid. So, these are 20 -acre lots, some with water, some not, all with soil, in Pa`auilo. But, the documents were altered, and as Brenda, County Councilwoman Brenda Ford pointed out that these were altered documents, you cannot pass the title. So, this is a big opportunity for the Queen Lili`uokalani Trust. These documents have just basically Queen Lili`uokalani's name was crossed out. He wrote in President Dole 1896. Anything to do with her royal children and successors, he crossed that out and wrote [inaudible]. So, this is based on royal patents, and so if you go into the Department of Finance, the title search, you'll see all these altered documents to do with Pa`aiulo, but they are in possession of the County, so I'm just saying that this could be a big opportunity for homesteading, taro, different things, but the Queen Lili`uokalani Trust, I believe, should be able to come together with the County on those particular parcels and hopefully in the benefit of the Native Hawaiians. I want to also support what Dwight Vicente is saying so far as the Hawaiian Kingdom and that it turns out that during the territory that there were congressional bonds to set up all the infrastructure you see pretty much today, and that the collateral for that was based on sales of Crown Government [inaudible] lands. So, it's basically a matter of retrofitting the County for easy transition so far as the issue of the Hawaiian Kingdom, I believe. But, in the meantime, we have to make sure that the statutes are followed and especially I just wanted to remind the County of those Hamakua lands, the altered documents of Queen Lili`uokalani. Mahalo. CLARKSON: Thank you all. Are there any questions from the Commission for any of the testifiers here today? If not, thank you. Please be seated. VICENTE: Dwight Vicente, I want to make a part of the record the Ceded Land Law Reviews from the U.H. Make it a part of the record. Thank you. CLARKSON: Please submit it to staff at the front desk, please. Is there anyone else who would like to testify on this application at this time? If not, I'll ask for a motion that public testimony be closed. IKEDA: I move to close public testimony. CLARKSON: Wait, I'm sorry KAEO (from audience area): I signed in the paper already [inaudible]. CLARKSON: Yeah. Please be seated. Please raise your right hand. Do you swear or affirm to tell the truth on this matter before the Commission today? KAEO: The whole truth, nothing but the truth. Let's go. CLARKSON: Please introduce yourself and begin your testimony. KAEO: Aloha, Iokepa Kaeo. EXHIBIT A 6 HATA-FINLEY: You need to speak into the microphone. KAEO: Okay. Aloha, Iokepa Kaeo, Moku o Keawe. So, a couple of the things I wanted to discuss, the Lili`uokalani Trust. I'm a direct heir and also a beneficiary of the Trust. I'm an orphan, and these lands that you guys are describing for the application, I think it should be moved forward forward for the Trust. Even though it had been adjusted to move towards homelessness for the general public, I think the best policy would be to stick to the Trust and not alter it. That is going to basically, the needs of those orphans that are still orphans, and their kids that are going to be raised. So, with that being said, I oppose with that improvement activities for the 6.7 acres with—without the consulting of the beneficiaries of the Lili`uokalani Trust, and because of the TMK which is a royal patent, due process, I believe, has failed, and with that being said, you guys can't move forward with that. And, then number two for the Pi`ilani Partnership CLARKSON: Excuse me, we're just KAEO: —Only that one? CLARKSON: Just discussing the application from the Trust. KAEO: Okay, well, then, on that, for the Lili`uokalani Trust, I believe the due diligence still has to be done and for that being said, I don't think there could be in good faith any transactions for that deal. Good faith means the buyer, the seller, and those involved which is the orphans, if they are not in it, then that sale cannot go forth. That being said, I'll be waiting for the next one. Mahalo. CLARKSON: Thank you. If there are no questions for this testifier—does anybody? Please be seated. KAEO: [Inaudible.] CLARKSON: Yeah, no questions for you, sir. At this time, I'll ask for a motion that public testimony be closed. IKEDA: I move to close public testimony. DELA CRUZ: Second. CLARKSON: It's been moved and seconded that public testimony be closed. All those in favor? COMMISSIONERS: Aye. CLARKSON: Opposed? Public testimony is closed. Now, at this time, we'll have a motion for action on this matter. Is there any motion for action from a member of the Commission? EXHIBIT A 7 RAFFIPIY: Mr. Chair, I'll go ahead and make the motion. I move that the application for a Special Permit, Docket No. SPP 18-000202 be approved based on the Planning Director's recommendation and proposed conditions which shall be adopted. AGUINALDO: I second. CLARKSON: It's been moved and seconded. Is there any discussion from the other Commissioners or any Commissioner on this matter? If not, I'll ask the staff to call the vote. ROY: Commissioner Aguinaldo? AGUINALDO: Aye. ROY: Commissioner Dela Cruz? DELA CRUZ: Aye. ROY: Commissioner Ikeda? IKEDA: Aye. ROY: Commissioner Raffipiy? RAFFIPIY: Aye. ROY: Commissioner Replogle? REPLOGLE: Aye. ROY: And Chair Clarkson. CLARKSON: Aye. ROY: I just want to remind the Commission this is also for the updated conditions, correct? RAFFIPIY: That's correct. EXHIBIT A 8 ROY: Motion passes with six votes. The discussion ended at 9:29 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission C EXHIBIT A