HomeMy WebLinkAboutCOM 0624.000 2010-2012 • °� • •
William P.Kenoi William T.Takaba
'• Managing Director
Mayor 1
Wally Lau
• Deputy Managing Director
County of Hawaii
25 Aupuni Street • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553
KONA: 74-5044 Me Keohokalole Highway • Kailua-Kona,Hawaii 96740
(808)323-4444 • Fax(808)326-5663
ry �
r"r p
March 5, 2012 " a
CO
<C_
m :s �
cy
Honorable Dominic Yagong, Chairman o =
and Members of the County Council
County of Hawai`i
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Yagong and Members:
Change of Zone Application(REZ 11-000145)
Applicant: Karen&Adrian Galan
Request: RS-10 to CV-7.5
Tax Map Key: 1-5-011:008 and 009
As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter, transmitted herewith for the
County Council's consideration and action are the Windward Planning Commission's letter and
enclosures regarding the above-referenced request.
Sincerely,
• a...57 •
William P. Kenoi
Mayor
Enclosures
cc: Planning Department •
CSiii 209)
Comm. No. l0 2-`f
Hawai'i County is an Equal Opportunity Provider and Employer Ref. To P C-
Ref. Date MAR 03 2012
County of Hawaii
WINDWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720
Phone (808) 961 -8288 • Fax (808) 961 -8742
MAR 5 2M2f
The Honorable Dominic Yagong, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Yagong and Council Members:
Change of Zone Application (REZ 11- 000145)
Applicant: Karen & Adrian Galan
Request: RS -10 to CV -7.5
Tax Map Key: 1- 5- 011:008 and 009
The Windward Planning Commission at its duly held public hearing on February 2, 2012,
considered the above - referenced application for a change of zone from Single- Family
Residential — 10,000 square feet (RS -10) to a Village Commercial — 7,500 square feet (CV -7.5)
zoning district for approximately 17,994 square feet of land. The subject properties are located
on the north side of Pahoa Village Road, across from the Pahoa Cash and Carry Store employees
parking lot at Nanawale Homesteads, Pahoa, Puna, Hawaii.
A motion was made to send a favorable recommendation to the County Council. There were
three votes in favor of the motion and one against. Therefore, the motion did not pass. No other
motions were made.
The three to one vote constitutes a "no action" by the Commission because of the lack of the four
affirmative votes required by the Hawaii County Charter, Section 134(I). Under
Section 25- 2- 42(d)(3) Zoning Code of the Hawaii County Code and Planning Commission
Rule 10- 2(b)(2) the Commission's non - action constitutes an unfavorable recommendation.
Accordingly, we are hereby transmitting this letter that explains the unfavorable recommendation
of the Windward Planning Commission along with the Planning Director's Background and
Recommendation Reports. Also enclosed for your consideration is the proposed bill amending
Section 25 -8 -26 (Pahoa Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County
Hawai `i County is an Equal Opportunity Provider and Employer
The Honorable Dominic Yagong, Chairman
and Members of the County Council
Page 2
Code. Because of the unfavorable recommendation, there are no conditions attached to the draft
bill. We have enclosed a transcript of the hearing and the Power Point presentation for your
information.
Should you have questions regarding this matter, please contact Daryn Arai of the Planning
Department at 961 -8288, x8142.
Sincerely,
Dean Au, Vice - Chairman
Windward Planning Commission
Lgalanrez] 1- 145wpct
Enclosures
cc: Ms. Lori Mikkelson/All Aina Services
Amy Self, Esq.
Ivan Torigoe, Esq.
Department of Public Works
Department of Water Supply
Bill 209 /Comm. 624
BGalanRELdoc 10/31/11
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
KAREN AND ADRIAN GALAN
CHANGE OF ZONE APPLICATION (REZ 11 -145)
KAREN AND ADRIAN GALAN have submitted an application for a Change of Zone
from a Single- Family Residential — 10,000 square feet (RS -10) to a Village Commercial — 7,500
square feet (CV -7.5) zoning district for approximately 17,994 square feet of land. The subject
property is located on the north side of Pahoa Village Road, across from the Pahoa Cash and
Carry Store employee's parking lot at Nanawale Homesteads, Pahoa, Puna, Hawaii, TMK: 1 -5-
011: 008 & 009.
PROPOSED ACTION
1. Applicant's Request: Change the zoning district from Single - Family Residential —
10,000 square feet (RS -10) to a Village Commercial — 7,500 square feet (CV -7.5) for
17,994 square feet of land. According to the Zoning Code, the purpose of the Village
Commercial zoning district is to provide a broad range or variety of commercial and light
industrial uses that are necessary to serve the population in rural areas where the
supplementary support of the general business uses and activities of a central commercial
district is not readily available. Requirements for establishing a land use in the CV
district, including a list of the variety of permitted land uses, are shown in Section 25 -5-
120 to 128 of the Zoning Code. (P.D. Exhibit 1— Zoning Code Requirements for
Village Commercial Districts)
2. Reason for Request: The applicants are requesting the change of zone in order to
develop five detached 2 -story structures approximately 960 square feet in size for retail
use "boutiques" and overnight visitor accommodation "bungalows ". Four of the five
structures will consist of retail space on the ground floor and a bedroom unit for
overnight accommodations on the second floor. The fifth structure will have a bedroom
unit on both floors, with the ground floor unit being constructed as an ADA- accessible
unit for guests with disabilities. The applicants anticipates the four retail boutiques will
consist of an art gallery, clothing store, hair /nail salon, and gift shop /office /laundry/lobby
-1-
area for the overnight visitor accommodation units, which will be available to rent on a
daily or weekly basis, with no permanent residents. The applicants do not intend to
consolidate the parcels, thus the proposed development will be constructed on both
parcels as a single development. Three of the structures would be constructed on parcel 8
and two structures on parcel 9. To support the development the applicants will provide
on -site parking, a sidewalk along Pahoa Village Road, landscaping, wastewater systems,
and a one -way U- shaped driveway along the perimeter of the properties. Both the
boutiques and the bungalows will be operated by about one to two people each, as well as
a part -time employee to help with the maintenance and laundry for the bungalows. An
existing dwelling and cesspool on parcel 9 will be demolished to accommodate the
proposed development. (P.D. Exhibit 2 - Change of Zone Application)
3. Landowners: Karen and Adrian Galan.
STATE AND COUNTY PLANS
4. State Land Use District: Urban.
5. General Plan LUPAG Map Designation: Medium Density Urban.
6. Current County Zoning: Single - Family Residential — 10,000 square feet (RS -10).
7. Puna Community Development Plan (PCDP), as amended by Ordinance 10104:
The subject property is located within the Pahoa Regional Town Center Boundary.
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
8. Subject Property: The property consists of two parcels; parcel 8 is 8,439 square feet in
size and is vacant and parcel 9 is 9,555 square feet in size and contains an approximately
792 - square foot single- family dwelling that was built in 1955. The dwelling extends into
the front and side yard setback near the southeast property line but because the house was
built prior to the Zoning Code, it is considered a non - conforming structure.
9. Surrounding Land Uses /Zoning: Surrounding lands are zoned RS -10 or CV -10 and
include a mix of commercial and single - family residential uses and vacant lots. A
surfboard shop is located on the adjacent property to the west. Immediately to the east is
an undeveloped lot, and beyond that is a chiropractic office. The Pahoa Cash and Carry
store and parking lot are located to the south across Pahoa Village Road.
-2-
10. Flood Zone: Zone X, an area determined by FEMA to be outside the 500 -year flood
plain.
11. Flora/Fauna Resources: The property has been developed with a dwelling since 1955.
Thus no floral or faunal surveys have been prepared for the property. According to the
applicants, due to the property's close proximity to urban areas it is not likely to have
endangered floral or faunal species.
12. Archaeological /Cultural/Historical Resources: No archaeological inventory survey
was prepared as the property has been developed since 1955 with a dwelling. According
to the applicants, no valued cultural or historical resources exist on the site and no
traditional and customary native Hawaiian rights are exercised on the site.
13. Public Access: There is no public access to the mountains or the shoreline that traverses
the property.
14. Traffic: The applicants plan to develop 6 one - bedroom bungalow units and
approximately 1,920 - square feet of retail space contained within five two -story structures,
which according to the ITE Trip Generation Manual, 7'� Edition, will generate
approximately 19 a.m. peak hour trips and 15 p.m. peak hour trips.
ESSENTIAL UTILITIES AND SERVICES
15. Access: Access to the property is from Pahoa Village Road, a County roadway with a
pavement width of approximately 22 feet within a 30 -foot wide right -of -way. The
General Plan identifies Pahoa Village Road as a collector street which requires a
minimum right -of -way width of 60 feet.
16. Water: County water is available from an 8 -inch waterline within Pahoa Village Road.
Parcel 9 is currently served by a 5/8 -inch meter and parcel 8 has a 1 -inch service lateral
available capable of accommodating a 5/8 -inch meter. Each 5/8 -inch meter is limited to
an average daily usage of 400 gallons. Current water availability conditions in the area
allow for a maximum of 14 units of water at 400 gallons per day per unit, per pre - existing
lot of record. The existing waterline is not capable of providing the required 2,000 gallon
per minute of water flow for fire protection for commercial land uses.
17. Wastewater: The applicants propose to demolish the existing cesspool on the property
that is servicing the dwelling. As there is no municipal sewer system in the area,
-3-
wastewater generated by the proposed development will be disposed of by individual
wastewater systems meeting the requirements of the Department of Health.
18. Solid Waste: There are no municipal waste collection services in the County. All solid
waste generated by the development will require private disposal at the Pahoa transfer
station or the Hilo landfill.
19. Utilities and Services: Electric and telephone services are available to the property.
Police and fire services are available nearby in Pahoa and medical services are available
in Pahoa and Hilo.
AGENCY COMMENTS PROVIDED
20. Department of Public Works: P.D. Exhibit 3 — October 17, 2011 memo
21. Department of Water Supply: P.D. Exhibit 4 and 5 — October 17, 2011 memo and
May 24, 2011 memo
22. Police Department: P.D. Exhibit 6 — October 19, 2011 memo
23. Fire Department: P.D. Exhibit 7 — October 10, 2011 memo
24. Department of Health: P.D. Exhibit 8 — October 11, 2011 memo
25. Real Property Tax Office: P.D. Exhibit 9 — September 30, 2011 memo
26. Mainstreet Pahoa Association: P.D. Exhibit 10 — October 10, 2011 letter
AGENCIES - NO COMMENTS OR OBJECTIONS
27. Department of Environmental Management.
AGENCIES — NO RESPONSE
28. DLNR- Land Division, DLNR -State Historic Preservation Division.
APPLICANT'S RESPONSE TO AGENCIES AND ORGANIZATIONS
29. P.D. Exhibit 11: Letter dated October 18, 2011 from All Aina Services containing
response to Mainstreet Pahoa Association and Department of Health.
30. P.D. Exhibit 12: Letter dated October 20, 2011 from All Aina Services containing
response to Department of Water Supply, Department of Public Works and Fire
Department.
31. P.D. Exhibit 13: Letter dated October 27, 2011 from All Aina Services containing
response to Tiffany Edwards Hunt.
-4-
PUBLIC COMMENTS
32. P.D. Exhibit 14: Letter dated September 18, 2011 from Elko Kajiyama.
33. P.D. Exhibit 15: Letter dated October 19, 2011 from Jeff Hunt Surfboards LLC
and three a -mails with photos dated October 24, 2011.
34. P.D. Exhibit 16: Letter dated October 26, 2011 from POhoa Auto Parts.
35. P.D. Exhibit 17: Letter dates October 26, 2011 from Pahoa Cash & Carry.
-5-
§ 25 -5 -120 HAWAII COUNTY CODE
Division 12. CV, Village Commercial Districts.
Section 25 -5 -120. Purpose and applicability.
The CV (village commercial) district provides for a broad range or variety of commercial and light
industrial uses that are necessary to serve the population in rural areas where the supplementary support of the
general business uses and activities of a central commercial district is not readily available.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.)
Section 25 -5 -121. Designation of CV districts.
Each CV (village commercial) district shall be designated by the symbol "CV" followed by a number
which indicates the minimum land area, in number of thousands of square feet, required for each building site.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.)
Section 25 -5 -122. Permitted uses.
(a) The following uses shall be permitted in the CV district:
(1) Adult day care homes. -
(2) Amusement and recreation facilities, indoor.
(3) Art galleries, museums.
(4) Automobile sales and rentals.
(5) Automobile service stations.
(6) Bars.
(7) Bed and breakfast establishments, as permitted under section 25 -4 -7.
(8) Boarding facilities, rooming, or lodging houses, provided that the maximum density shall be one
thousand two hundred fifty square feet of land area per rentable unit or dwelling unit.
(9) Business services.
(10) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code.
(11) Churches, temples and synagogues.
(12) Commercial parking lots and garages.
(13) Community buildings, as permitted under section 25 -4 -11.
(14) Convenience stores.
(15) Crop production.
(16) Day care centers.
(17) Dwellings, double - family or duplex, provided that the maximum density shall be one thousand two
hundred fifty square feet of land area per rentable unit or dwelling unit.
(18) Dwellings, multiple - family, provided that the maximum density shall be one thousand two hundred
fifty square feet of land area per rentable unit or dwelling unit.
(19) Dwellings, single - family.
(20) Family child care homes.
(21) Farmers markets. When the vending activity in a farmers market involves more than just the sale of
local fresh and/or raw produce, plant life, fish and local homegrown and homemade products for
more than two days a week, the director, at the time of plan approval, shall restrict the hours of use,
maintenance and operations and may require improvements as determined appropriate to ensure its
compatibility with the existing character of the surrounding area.
(22) Financial institutions.
(23) Group living facilities.
(24) Home occupations, as permitted under section 25 -4 -13.
25 -74 Planning Dept.
Exhibit
ZONING § 25 -5 -122
Section 25 -5 -123. Height limit.
The height limit in the CV district shall be thirty feet.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.)
25 -75
(25)
Hospitals, sanitariums, old age, convalescent, nursing and rest homes and other similar uses.
(26)
Hotels, when the design and use conform to the character of the area, as approved by the director.
(27)
Laboratories, medical and research.
(28)
Lodges.
(29)
Manufacturing, processing and packaging light and general, except for concrete or asphalt products,
where the products are distributed to retail establishments located in the immediate community, as
approved by the director.
(30)
Medical clinics.
(31)
Meeting facilities.
(32)
Model homes, as permitted under section 25 -4 -8.
(33)
Mortuaries.
(34)
Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood
recreational areas and uses.
(35)
Offices.
(36)
Personal services.
(37)
Photography studios.
(38)
Public uses and structures, as permitted under section 25 -4 -11.
(39)
Publishing plants for newspapers, books and magazines, printing shops, cartographing, and
duplicating processes such as blueprinting or photostating shops, which are designed to primarily
serve the local area.
(40)
Repair establishments, major, when there are not more than five employees, as approved by the
director.
(41)
Repair establishments, minor.
(42)
Restaurants.
(43)
Retail establishments.
(44)
Schools.
(45)
Telecommunication antennas, as permitted under section 25 -4 -12.
(46)
Temporary real estate offices, as permitted under section 25 -4 -8.
(47)
Theaters.
(48)
Utility substations, as permitted under section 25 -4 -11.
(b)
In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the
CV district, provided that a use permit is issued for each use:
(1)
Crematoriums.
(2)
Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings
and golf club houses.
(3)
Major outdoor amusement and recreation facilities.
(4)
Yacht harbors and boating facilities.
(c)
Residential uses in connection with the operation of any permitted uses shall be permitted in the CV
district.
(d)
Buildings and uses similar to the permitted uses listed in subsection (a) above shall be permitted in the
CV district, as approved by the director.
(e)
Buildings and uses normally considered accessory to the uses permitted in this section shall also be
permitted in the CV district.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.)
Section 25 -5 -123. Height limit.
The height limit in the CV district shall be thirty feet.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.)
25 -75
§ 25 -5 -124 HAWAII COUNTY CODE
Section 25 -5 -124. Minimum building site area.
The minimum building site area in the CV district shall be seven thousand five hundred square feet.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.)
Section 25 -5 -125. Minimum building site average width.
Each building site in the CV district shall have a minimum building site average width of sixty feet.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.)
Section 25 -5 -126. Minimum yards.
The minimum yards in the CV district shall be as follows:
(1) Front or rear yards, fifteen feet; and
(2) Side yards, none, except where the adjoining building site is in an RS, RD, RM or RCX district.
Where the side yard adjoins the side yard of a building site in an RS, RD, RM or RCX district, there
shall be a side yard which conforms to the side yard requirements for dwelling use of the adjoining
district.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.)
Section 25 -5 -127. Landscaping of yards.
(a) All front yards in the CV district shall be landscaped, except for necessary access drives and walkways,
and except for the construction of one single - family dwelling and accessory buildings per lot.
(b) Where any required side or rear yard in the CV district adjoins a building site in an RS, RD, RM or RCX
district, the side or rear yard shall be landscaped with a screening hedge not less than forty-two inches in
height, within five feet of the property line, except for necessary drives and walkways, and except for the
construction of one single - family dwelling and accessory buildings per lot.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999; Am. 2005, Ord. No. 05 -155, sec. 14.)
Section 25- 5-128. Other regulations.
(a) Plan approval shall be required for all new structures and additions to existing structures in the CV
district, except for construction of one single - family dwelling and any accessory buildings per lot.
(b) Exceptions to the regulations for the CV district regarding heights, building site areas, building site
average widths and yards, may be approved by the director within a planned unit development.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999; Am. 2005, Ord. No. 05 -155, sec. 15.)
CHANGE OF ZONE APPLICATION
APPLICANTS: KAREN AND ADRIAN GALAN
RS -10 TO CV -7.5
TMK: (3) 1 -5- 011:008 & 009
Planning Dept.
Exhibit ----
APPLICANT:
APPLICANT
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
ADDRESS: P.O. Box 956
Kapaau, HI 96755
LIST APPLICANT'S INTEREST IF NOT OWNER.:
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:
PHONE:(Bus.} (Res.} 889 -6303 (Fax)
LANDOWNER SIGNATURE(S):
(May be by letter)
T�ANDOWNER(S) ADDRESS: P.O. Box 956
DATE: T I I.
Kapaau, HI 96755
REQUEST: RS- t 0 TO CV -7.5
(Existing zoning) (proposed Zo d*
TAX MAP KEY: (3) I -5 -011:008 & 009
STREET ADDRESS OF PROPERTY: 15 -2885 Pahoa Village Road SOQ9)
Pahoa, HI 9(o778
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED:8439 sq. $.(008), 9555 N. ft (009)
AGENT: All Aina Services
ADDRESS: P.O. Box 291
Laupahoehoe, HI 96764
TELEPHONE:(Bus.) 969 -3882 (Res.) (Fax) 969 -9926
Please indicate to whom original correspondence and copies should be sent
DRIGINAL: Owner COPIES: Agent
7
T MM 7% rITIM MM
Commercial, RM, Resort, & Industrial
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
1, if your request is approved, do you intend to subdivide
the subject land in accordance with the approved change
of zone? No
If rimes, please answer the rest of question I and then to
question 3.
a. How many acres of the requested area do you intend to
subdivide?
b. Into what lot sizes?
C. if your request is approved, approximately how long
after the date of approval do you expect to submit
your subdivision plans to the Planning Department
for preliminary approval?
If you intend to subdivide, please submit a preliminary
schematic subdivision plan together with your change of
zone application form.
2. If you nave no firm plans of subdividing the subject area,
do you intend to:
a. Sell or lease the land to someone who has firm
plans?
b. Sell or lease the land to someone who has tentative
plans?
C. Sell or lease the land to someone who has no plans?
C1. Keep it? yes
e. other (please state)
f. If you intend to do either a, b, or c, please elaborate
on the kind of plans the other party has. Please, also,
include in your answer approximately how soon after
approval of your rezoning do you expect to transfer the
subject land to another party.
3. What specific building plans do you have for the subject land?
Include in your answer the following: type of building
(apartment, office, launderette, etc.); financing arrangement;
timetable for construction; and any other information which you
feel might help us in evaluating your request.
5 structures, boutiques & bungalows (retail & vacation rental) Financing ongoing.
4. Have you performed any study which would demonstrate a need for
your proposed building and /or development? No
if so, please elaborate on your findings in the space provided
below.
-2-
5• Have you performed any study which discusses the
environmental impacts your request would nave on the
surrounding area and /or the County? No
If so, please elaborate on your findings in the space
provided below.
6. Are there any buildings on the subject area? Yes
If so, what kind?
There is a single - family dwelling on Lot 009.
What do you intend to do with those buildings if your
request is approved?
Demolish..
7• Is the subject land currently being used for any
agricultural activity? No
if so, please list the kinds of products grown on and
how many square feet or acres of land per product?
-3-
a• To your knowledge, has there been any flooding and /or
drainage problem on the subject area? No
If so, please describe the problem.
9. Do you think that the roads leading to the subject area
needs improvement? No
If so, what kind?
Is the road adequate for the proposed traffic volume
or load? Yes
10. what sort of governmental assistance and /or improvements
do you feel will be needed in the subject area when
developed?
-4-
yes
No
a.
Schools
X
b.
Roads
g
c.
Sewer
X
d.
Drainage
X
e.
Police Protection
X
X
f.
Fire Protection
X
9•
Recreational Facilities
X
h.
Recreational Facilities
i.
-4-
For those checked "yes," please elaborate what type or kinds of
improvements and /or assistance are needed.
11. Have you performed any historic sites study and /or survey of the
subject area? If so, what were the results? Please, also,
submit a copy of the study together with this change of zone
supplement.
No
4 `--% 0..6w"-
Signature:
Address: PO Box 956 E aau HI 96755
Telephone: ObIck
Date: "4 1 s h
-5-
6338A/50A
P. D. 5/84
County of Hawaii
Planning Department
101 Pauahi Street Suite 3
Hilo, HI 96720
August 9, 2011
To Whom It May Concern:
TMK: (3) 1 -5- 011:008 &009
Adrian & Karen Galan have retained the services of All Aina Services to act on their
behalf for an application for a Change of Zone. Any and all questions regarding the
application may be forwarded to them. I have authorized their agents to act on my behalf
concerning any inquiries that may arise.
All Aina Services
P.O. Box 291
Laupahoehoe, Hi 96764
(808) 969 -3882
Adrian Galan Karen Galan -(4
Pahoa Boutiques & Bungalows
Owners: Adrian & Karen Galan
TMK (3) 1 -5- 011:008, & 009
The owners of the subject parcels propose a development of both parcels with a single
development, but leaving each parcel unconsolidated. TMK (3) 1 -5- 011:009 currently has an
older home, built in 1955, that has been a single family residence. The proposed development
would require that the existing structure, along with the existing waste water system be removed
by means of a demolition permit to be obtained after the approval of the Change of Zone request
and Plan Approval from the County of Hawaii Planning Department, Department of Public
Works, and various county agencies, including the Building Division.
The proposed development would include five separate, two story structures, 920 sq. ft. each.
Four structures would consist of a retail space on the ground floor and a bedroom ( "Bungalow ")
unit on the second floor, suitable for overnight accommodations. The fifth unit would have a
bedroom unit on both floors with the ground level unit to accommodate ADA requirements for
guests with disabilities. There would be two structures on TMK (3) 1 -5- 011:009 and three on
TMK (3) 1 -5- 011:008. The owners, as developers, would provide the parking, sidewalk,
landscaping, and septic systems to meet the requirements of the county & state, as per plans
provided at the time of Plan Approval.
The proposed development will provide overnight accommodations supporting tourism,
including an ADA unit for travelers with disabilities. Also, the proposed development would
include 4 retail "Boutiques "; projecting that one would be an Art Gallery, one would be a
Clothing Store, and one would be a Hair & Nail Salon. The fourth would be a Gift shop / Office
(including a laundry) which would be act as the lobby for reservations and receiving guests for
the `Bungalows ". The Bungalows would be available on a daily or weekly basis, with no
permanent residents.
The proposed development would move forward as soon as the Conditions of the Change of
Zone, as well as the Plan approval are complete. Although this project is still in the funding stage
and costs of construction are hard to project without complete plans, engineering, conditions, etc.
It is anticipated that there will be ample funding to complete the proposed project.
As the basic size of each Boutique is limited, it is likely that each will be run by one or two
people. The idea is that the development and retail activities will be a quaint and tasteful addition
to Pahoa Village. The Bungalows would be operated by one or two people with a proposed part-
time employee to help with the maintenance & laundry.
The proposed development has ample room for parking, 18 spaces, including two ADA (van
size) with loading area, as well as a space for registering guests. It is proposed that, as the parcels
are being left as is, without consolidation, each parcel has an available driveway to Pahoa
Village Road. The proposed development's driveway will be a one way, "u" shaped drive,
around the entire development along the side yard property lines and through a parking area at
the back of the parcels. Pahoa Village Road is a "main- street" of the village and is busy with
traffic. The proposed development would do little to affect, what is already, a busy roadway. The
one way in & out will streamline traffic in and out of the proposed development and allow for
easy forward return to the road without the need to back out. Also, because the development is
small any deliveries should be able to enter into the one way driveway, with deliveries made
quickly, and then easily drive forward return to the highway without ever needing to back or
park on the roadway.
Background Report and Environmental Report
For The
Application for a Rezoning Request (RS-10 to CV -7.5)
TMK: (3) 1 -5 -011:008 & 009
I. INTRODUCTION
The applicants, Karen and Adrian Galan, are the owners of the subject parcels that
constitute this zoning application. Lot 008 consists of 8439 square feet (.1937 acre) and
Lot 009 consists of 9555 square feet (.2194 acre). The applicants would like to rezone
their property from Residential 10000 square feet (RS -10) to Commercial Village 7500
square feet (CV -7.5).
H. PROJECT LOCATION
The parcels are located at 15 -2885 Pahoa Village Road, Nanawale Homesteads, Pahoa,
Puna. Island of Hawaii.
III. PROJECT DESCRIPTION
The applicants are proposing a small commercial development that would include several
approximately 920 sq. ft., mixed use buildings on each lot. Lot 008 is 8439 sq ft and Lot
009 is 9555 sq & There is a 792 sq ft single - family dwelling, built in 1955, on Lot 009.
Lot 008 is vacant. The proposed development would include the demolition of the
existing dwelling and wastewater system.
IV. CONFORMANCE WITH STATE AND COUNTY PLANS
a. State Land Use Designation: The subject parcel is situated within the State Land Use
Urban District.
b. Chapter 205A, Coastal Zone Management: The proposed rezoning would not be
contrary to concerns of the Coastal Zone Management as it would not interfere with
public access to the shoreline, scenic and open space resources since it is
approximately six miles inland from the coast.
c. Applicable goals and policies of the General Plan: The proposed re- zoning is
_ consistent with the following goals, policies, and objectives of the General Plan.
Economic Element:
• Provide residents with opportunities to improve their quality of life through
economic development that enhances the County's natural and social
environments.
• Economic development and improvement shall be in balance with the physical,
social and cultural environments of the island of Hawaii_
• Strive for diversity and stability in its economic system.
Land Use Element:
• Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural and physical environments of the County.
• Zone urban and rural types of uses in areas with ease of access to community
services and employment centers and with adequate public utilities and facilities.
• Allocate appropriate requested zoning in accordance with the existing or projected
needs of neighborhood, community, region and County.
• Zoning requests shall be reviewed with respect to General Plan designation,
district goals, regional plans, State Laud Use District, compatibility with adjacent
zoned uses, availability of public services and utilities, access and public need.
d. General Plan designation (LUPAG Map): The General Plan Land Use Allocation
Guide Map (LUPAG) designates the sites "Medium Density Urban". The requested
change of zone would be consistent with this designation.
e. Zoning: The parcels are presently zoned RS -10.
£ Community Development Plan: The Puna Community Development Plan, (Puna
CDP) designates that the area straddling Pahoa Village Road from `Apa'a Street to the
intersection of Kapoho Road and Pahoa-Kalapana as Pahoa's village center, intended
to contain uses oriented primarily to residents of the Pahoa community itself, and
Pahoa as a Regional Town Center.
g. Special Management Area: The subject parcels are outside the County's adopted
Special Management Area No permits would be necessary under SMA regulations.
V. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF
THE PROPERTY AND SURROUNDING AREA
a. Description of the subject property: The parcels are Iocated near the southwest
comer of Pahoa Village Road and Akeakamai Loop. They are flat and vegetation
consists primarily of grass with no trees. Some modest landscaping currently
surrounds the residence.
b. Lava Hazard Zone: The United States Geological Survey classifies the Pahoa area,
including the subject parcels, as Lava Flow Hazard Zone 2, on a scale of ascending
risk, 9 -1, due to the town's location down slope of Mauna Loa.
c. Distance from the coastline: The parcels are approximately six miles from the
coastline.
d. Agricultural Lands of Importance in the State of Hawaii (ALISH) designation:
There is no ALISH designation for these properties.
e. U.S.D.A. Natural Resources Conservation Services Soil Service Report: Soils of the
area are classified as Pahoehoe Lava Flows, rLW, 0 to 40% slopes. Depth to
restrictive feature is 0 inches to lithic bedrock. Drainage class is "excessively
drained." Available water capacity is very low. The ground is highly permeable,
and runoff and soil erosion hazard are minimal.
f. Land Study Bureau soil rating: "N" Not classified as parcels are in the urban district.
g. Flood Insurance Rate Map (FIRM) designation: X, Areas determined to be outside
the 500 -year floodplain.
h. Existing drainage ways or improvements: There are no significant drainage ways
that adversely affect the parcels.
i. Air/Noise/Water: In general, the ambient air quality of the subject parcels meets all
federal and state standards as evidenced by its designation as an "attainment" area by
the State Department of Health, Clean Air Branch. The windward area of the Big
Island is subject to voggy conditions, due to the Kilauea eruption, during times of
cessation of trade winds. Existing noise levels are those of a busy small town main
street. Each lot is supplied with a 5/8" water meter by the Department of Water
Supply.
j. Historic and Cultural Resources: There are no archaeological or historic sites on the
subject parcels. Cultural resources associated with traditional and customary native
Hawaiian rights have not been identified on the property. No reply has been received
to a letter sent to the Department of Land and Natural Resources, SHPD, on February
23, 2011. (Attached)
k. Natural Resources: As there has been a dwelling on Lot 009 since 1955 and both lots
are on the main thoroughfare of Pahoa, there are likely no endangered plants or animal
species.
1. Scenic or coastal resources: As the subject parcel is approximately six miles from the
shoreline, there are no coastal resources. The parcels are not listed as a natural beauty
site.
m. Public access: No public access or trails have been identified with the subject area.
n. Social settlement patterns for the area: Pahoa is a small, colorful village of
approximately 900 residents with several historic buildings. There is a mix of single -
family residences and commercial uses.
o. Economic resources of the area: As the subject area is in the town center, there are
many economic resources available: grocery store, natural foods store, gas station,
medical facilities, bookstore, many restaurants, barber shop, realtors, convenience
store, clothing stores, Catholic church, schools and post office.
p. Surrounding land uses and zoning: The surrounding land uses are either vacant,
single- family residences or, on the whole, commercial, as the parcels are situated in
the center of "downtown" Pahoa. The parcel adjacent to the west is zoned CV -10
and adjacent to the east is zoned RS -10. All the parcels on the south side of Pahoa
Village Road, from Post Office Road to Paul's Gas Station are zoned Commercial.
On the north side of Pahoa Village Road, where the subject parcels are located, all but
ten of the parcels from Post Office Road to Paul's Gas Station are zoned Commercial.
(See attached Zoning Map)
VI. PUBLIC FACILITIES AND SERVICES
a. Access: Access to the parcel is from Pahoa Village Road, a 22 foot paved county
roadway within a 30' wide right of way.
b. Water: The subject parcels are connected to County water via a 8" waterline along
Pahoa Village Road.
c. Sewage disposal: The dwelling on Lot 009 has a cesspool. The Proposed development
would replace the cesspool with a septic system and include an additional septic system
on Lot 008.
d. Solid Waste: The Pahoa Transfer Station is located on Apaa Street, about % of
a mile away. The Hilo Landfill is the nearest location available for commercial
solid waste.
e. Police and fire protection: The Pahoa Police and Fire Stations are located
approximately 1 '/z miles from the subject parcels, on the Keaau - Pahoa Road.
f. Schools: The subject parcels are served by Pahoa Elementary, Middle and High
Schools, Kamehameha Pre - School and Montessori Country School.
g. Parks: Pahoa is served by Pahoa Park, which includes a pool, skatepark and a
neighborhood center.
h. Other Utilities: Electricity and telephone are connected to the existing single family
residence on Lot 009.
VII. ENVIRONMENTAL ASSESSMENT AND ANALYSIS
a. Relationship between short term uses of the environment and maintenance and
enhancement of long -term productivity: This change of zone application has no
relationship between short term use of the environment and long -term productivity.
b. Mitigative measures proposed to avoid, minimize, rectify or reduce impact: The
proposed development will include the required engineering and approved plans that
will include efforts to avoid & minimize impact on the community and surrounding
properties during the construction phase. Plan Approval will be necessary for the
permitting of the proposed project that will include a landscaping plan, as well as
drainage and sidewalk requirements.
c. Alternatives to the proposed development: There are no alternatives as there is no
development.
d. Irreversible and irretrievable commitments of natural resources: There are no
irreversible commitments of natural resources involved for this proposed change of
zone.
Lf�
T
SCALE 1" = 10'
BOUTIQUES & BUNGALOWS
GALAN REZONING
RS -10 TO CV -7.5
1;
i ?
I�
co
51.56►
50, g5,
DRIVEWAY
:_
ADA UNIT r=
j ' 15
LAI
I I
�\ 4
55
i "
15
-------------- 9
51' 50'
PAHOA VILLAGE ROAD
v
m
D
111°.- i
v
W-V
i
A !
N I
2W-0'
II
t
A
4�
b
cl
i
I
A I
N I
!
a
I
! D
0
i
A !
N I
2W-0'
II
t
A
4�
b
. -- _s:c
..lLu^+as !aa �+: '°: •: .a_N�r • ii�M irr° .'f•^
Idw
� rcwr �f
Tua
-
.M•o
Ila.
a
t
r•
�
®a
® 1
3
c2
�.
_
ww a -_wn � •"^jr_�
z a
-
sr�
1
�
NEAT
�
w
P
�
3
�
August 31, 2011
State of Hawaii
Department of Land and Natural Resources
Historic Preservation Division
44 Pookela Street
Hilo, HI 96720
Subject: Change of Zone Application
Applicant: Karen and Adrian Galan
TMK: (3) 1 -5- 011:008 & 009
To Whom It May Concern:
The applicants wish to change the zoning of the above - mentioned parcels from RS 10 to
CV 7.5 in order to develop them. The address of the two lots is 15 -2885 Pahoa Village
Road. Lot 008 is empty and Lot 009 has a 792 sq ft single - family dwelling. Jeff Hunt
Surfboards is adjacent to the north and Pahoa Chiropractic adjacent to the south. This is
a request for a letter of no effect required from the Department of Land and Natural
Resources, in order to show that there are no archaeological, cultural, or historic sites
located on the parcel
All Aina Services
P.O. Box 291
Laupahoehoe, HI 96764
Rev. 10/13/2010
County of Hawaii
DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION
75 -5706 Kuakini Hwy, Kona Office Hilo Office Aupuni Center
Kailua -Kona, HI 96740 p/327-3530 961-8327 101 Pauahi St. Suite 7
f/ 327 -3533 961 -8933 Hilo, HI 96720
FLOOD ZONE DETERMINATION
Tax Map Key:
Requested by: J0� t'i` r
Company:
Address:
Phone No. Fax:
Date: "?�, 1 1 1 11
Flood Zone is:
Remarks:
Completed by:
Date:
Notes:
1) A property in Zone X (not within the Special Flood Hazard
Area) may be damaged by a flood greater than that
predicted on the Flood Insurance Rate Map, or from a local
drainage problem not shown on the map.
2) The Information provided here does not create liability for the
County of Hawaii, or any officer or employee thereof, for any
damage that results from reliance on this information.
3) Buyers are advised to consult an Architect and/or Engineer
or other experts of the buyers' choice if there are additional
questions.
4) See attached about the mandatory purchase of Flood
Insurance requirements.
Buffer Zone (see Legend) applies on
Permit req to determinations for
Insurance req
LEGEND
BASE FLOOD ELEVATION (BFE) — Water surface elevation of a flood
having a one percent chance of being equaled or exceeded in any given
year (also called the `100 -year flood).
FLOOD INSURANCE RATE MAP (FIRM) — Map used in admintsiering
the National Flood Insurance Program. The maps display shaded areas
in the community that are subject to flooding. Flood Insurance rates are
based on risk of the various Special Flood Hazard Areas zones (defined
below) shown on the map. County of Hawaii's regulations are tied to the
different SFHA zones.
FIRM or SFHA zone information is available from the foliowino sources;
• Can be ordered or viewed on the Intemet by visiting www.fema.aov
and clicking on the FEMA Flood Map Store in the left column, or by
going directly to www. store.msc.fema.aov /webapptwc o&tores or by
calling 1-80D- 358 -9616.
• The State of Hawaii Department of Land and Natural Resources
provides property specific flood zone designation information at its
website httpJ /ais.hawainfo.orafhaU.
• The County of Hawar i Department of Pubic Works provides (upon
request, as available and for a nominal fee) a copy of the Tax Map
Key with the specific flood designation(s).
SPECIAL FLOOD HAZARD AREAS (SFHA) — Areas of land or zones
that would be inundated by a flood having a 1 percent chance of
occurring in any given year (also referred to as the base flood or 100 -year
flood).
ZONE A — No base flood elevations determined
ZONE AE — Base flood elevations determined
ZONE AH — Flood depth of 1 to 3- feet (usually areas of ponding);
base flood elevations determined
ZONE A — Flood depths of 1 to 3 -feet (usually sheet flow on
sloping terrain}~ average depths determined. For areas of alluvial
fan flood, velocities also determined.
ZONE V — Coastal flood with velocity hazard (wave action); no base
flood elevations determined.
ZONE ME — Coastal flood with velocity hazard (wave action); base
flood elevations determined.
N — Areas bordering and wilhin 50- feet
with base fl num feet on the
FIRM or other areas that rid khdentilied with
base flood or depth numbers (HCC §
OTHER FLOOD AREAS — Areas of land or zones not designated as
SFHAs.
ZONE X (Shaded 3 — Areas of 500 -year flood; areas of 10D -year
flood with average depths of less than 1- foot or with drainage areas
less than 1 square mile; and, areas protected by levees from 10D-
yearflood.
ON X — Areas determined to be outside the 500 -year tloodplain.
ZONE D — Areas in which flood hazards are not determined.
Notes:
1) FIRMS do not necessarily identify all areas subject to flooding,
particularly from local drainage sources of small size, or all
pianimetric features outside SFHAs.
2) SFHAs (100 -year flood) include Zones A. Al -A30, AE. AH, AO, V
and VE.
3) Certain areas in SFHAs may be protected by flood control structures
(e.g., levees).
County of Hawaii is an Equal Opportunity Provider and Employer
a
All
\
WF
rJ�J��3�
a
g
a c^3 $
3
If
.� � $_
s s�
€ � II i ga
Nis �-, ggg�ggg3 NZ
22 g p cm
too
SAK ' VIM V
cb
z ��
o — Es) Ki
INV ts z O ca et to
�►c° w'
LEGAL DESCRIPTION
LOT 7
Being a portion of-Lot 19, Nanawale Homesteads,
Land Patent No. 4729 to Peter Carty
Pahoa, Puna, Island of Hawaii, State of Hawaii
TMK (3 Div) 1-5-011: 008
Beginning at the Southwest corner of this piece of land, being on the north side of Government Main
Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station
"VILLAGE FLAG" being 1,253.21 feet South and 1,775.83 feet East, and running by azimuths
measured clockwise from tree South:
1.
2070
56
30"
181.04 feet
along Lot 8;
2.
3040
58'
50.40 feet
along Lot 35 -A;
3.
280
26'
30"
106.72 feet
along Lot 6;
4.
1140
30'
3.50 feet
along Lot 6;
5.
240
35'
58.10 feet
along Lot 6;
6.
106°
27
50.00 feet
along the north side of Government Main
Road to the point of beginning and
containing an area of 8,440 square feet,
more or less.
G•NOQO�,�`
Description prepared by:
�oA
uCENSED l
PROFESSIONAL
ZVdo7w
'k
Sty LAND
VEYOR *
Roy 4. Hollowell
No' 12741
Licensed Professional Land Surveyor
103-
Certificate No. 12741, Expires 4/30/12
March 25, 2011
LEGAL DESCRIPTION
LOT 8
• Being a portion of Lot 19, Nanawale Homesteads,
Land Patent No. 4729 to Peter Carty
Pahoa, Puna, island of Hawaii, State of Hawaii
TMK (3 Div) 1-5-011: 009
Beginning at the Southeast conger of this piece of land, being on the north side of Government Main
Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station
"'PILLAGE FLAG" being 1,253.21 feet South and 1,775.83 feet East, and running by azimuths
measured clockwise from true South:
1. 109° 20' 51.00 feet along along the north side of Government
Main Road;
2. 2070 42' 30" 195.00 feet along Lot 9;
3. 3040 58' 51.60 feet along Lot 34 and Lot 35 -A;
4. 270 56' 30" 181.04 feet along Lot 7 to the point of beginning and
containing an area of 9,555 square feet,
more or less.
140 Description prepared by:
LAND j a (dJ& V-
tT�+JpE,
* Ra G. Hollowell
N°` t2741 Licensed Professional Land Surveyor
9y�ai1+v5�'°' Certificate No. 12'741, Expires 4/30/12
March 25, 2011
Subject Parcels
Not"
ZONING MAP
MINIMA
omm— V
• GREEN: AGRICULTURAL
YELLOW: RESIDENTIAL
PURPLE: COMMERCIAL
STATE LAND USE MAP
PINK: URBAN
GREEN: AGRICULTURAL
7 ?1t DEPARTMENT OF PUBLIC WORKS
17 COUNTY OF HAWAII
H I LO, HAWAII
DATE: October 17, 2011
TO: BJ Leithead Todd, Planning Director
FROM: e1� � I Department of Public Works
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 11- 000145)
Applicant: Karen & Adrian Galan
Request: RS -10 to CV -7.5
Tax Map Keys: 1 -5 -11: 008 and 009
We have reviewed the subject application forwarded by your memo dated September 27,
2011 and offer the following comments for your consideration.
All development - generated runoff shall be disposed of on site and not directed toward any
adjacent properties. A drainage plan may be required by the Planning Department under
the Plan Approval process in accordance with Sec. 25 -2 -72(3) of the Hawaii County Code.
The subject parcels are in an area that is not mapped by the Federal Emergency
Management Agency (FEMA) and is identified as an area of "minimal tsunami inundation."
At distance of 6.5 miles from the coastline and at an elevation of 650', we designate such
parcels as Zone X - areas determined to be outside the 500 -year floodplain.
The General Plan classifies Pahoa Village Road as a collector street. The existing right -of-
way width is approximately 30 feet wide fronting the subject parcels.
Based on the proposed zoning, we recommend the applicant provide improvements to the
subject properties' entire frontage consisting of, but not limited to, pavement widening with
concrete curb, gutter and sidewalk, drainage improvements, and any required utility
relocation, meeting the requirements of the Americans with Disabilities Act and the
approval of the Department of Public Works. The improvements shall be located within
any future road widening setback as established by the Planning Department.
Questions may be referred to Kelly Gomes at ext. 8327.
Planning Dept.
Exhibit_
SCANNED!
0 1� ? Is 2011
By.074785
DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII
345 KEKUANAO`A STREET, SUITE 20 HILO, HAWAII 96720
TELEPHONE (808) 961 -8050 • FAX (808) 961 -8657
October 17, 2011 -�
TO: Ms. BJ Leithead- Todd, Director
Planning Department
FROM: Milton D. Pavao, Manager -Chief Engineer
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 11- 000145)
REQUEST: RS -10 TO CV -7.5
APPLICANT - KAREN AND ADRIAN GALAN
TAX MAP KEY 1- 5- 011:008 AND 009
We have reviewed the subject application.
Our comments from our memorandum to your department dated May 24, 2011, regarding the previous change
of zone application, still stand.
Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch
at 961 -8070, extension 256.
RQ:dfg
copy — Karen and Adrian Galan
All Aina Services
Sine ely ours,
CMil Pavao, P.E.
Man ger hief Engineer
Planning Dept.
Exhibit _
...'Water, Our Most Precious Resource ... Ka Wai A Kane ...
T4... I'1...\...I.......I ..i \111..i... C......\., :...... C..�...\ I'1......- 4....:... .......:.J......,., ...«..i.,.._-
SCANNED
ft I
VIA 770
a
DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII
345 KEKUANAO'A STREET, SUITE 20 HILO, HAWAII 96720
TELEPHONE (808) 961 -8050 • FAX (808) 961 -8657
May 24, 2011
TO: Ms. BJ Leithead -Todd, Planning Director
Planning Department
FROM: Milton D. Pavao, Manager -Chief Engineer
v
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 11- 000137)
REQUEST: RS -10 TO CV -7.5
APPLICANT - KAREN AND ADRIAN GALAN
TAX MAP KEY 1- 5- 011:008 AND 009
Planning Dept.
We have reviewed the subject application and have the following comments and conditions. Exhibit
Water is available from an existing 8 -inch waterline within Pahoa Village Road fronting the subject parcels.
Parcel 9 is currently served by a 5/8 -inch meter and Parcel 8 has a 1 -inch service lateral available capable of
accommodating a 5/8 -inch meter. Each 5/8 -inch meter is limited to an average daily usage of 400 gallons.
The current water availability conditions in the area, which are subject to change without notice, allow for a
maximum of 14 units of water, at 400 gallons per day per unit, or a total average daily usage of 5,600 gallons
per day, per pre- existing lot of record.
We have no objection to the proposed change of zone, subject to the following conditions:
1. Prior to effecting a water commitment, the Department requests estimated maximum daily water usage
calculations, prepared by a professional engineer licensed in the State of Hawaii, for review and approval.
The water usage calculations should include the total maximum daily water use in gallons per day and the
estimated peak flow in gallons per minute.
Upon acceptance of the water usage calculations, the Department will determine the water commitment
deposit due, facilities charges to be paid, and water system improvements required for water service.
2. The Department's Water System Standards require that a minimum flow of 2,000 gallons per minute be
available at the site for fire protection for commercial land uses. The existing 8 -inch waterline fronting the
property is capable of providing a theoretical fire flow of 1,565 gallons per minute. We recommend that the
applicant consult the Fire Department for any fire protection requirements or alternatives.
3. A reduced pressure type backflow prevention assembly must be installed on private property within five (5)
feet of any meters serving the subject parcels. The installation of the backflow prevention assemblies must
be inspected by our department before water service can be activated.
4. Subject to other agencies' requirements to construct improvements within the road right -of -way fronting the
property affected by the proposed development, the applicant shall be responsible for t,
adjustment of the Department's affected water system facilities, should they be necess t SC NN F
;
�u�s92
Muter, Our Most Precious 7�esource ....xa Wai A Kdne .:��
Th. nl ,fm of of V 1.f-, G.n..6, ;� c... i
Ms. BJ Leithead -Todd, Planning Director
Page 2
May 24, 2011
Should there be any questions, please contact Mr. Finn McCall of our Water Resources and Planning Branch at
961 -8070, extension 255.
FM: dfg
copy — Karen and Adrian Galan
DWS Cross Connection Section
P.E.
;ngineer
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 11- 000145)
APPLICANT: KAREN & ADRIAN GALAN
REQUEST: RS -10 TO CV -7.5
TAX MAP KEY: 1 -5- 011:008 AND 009
Harr•, S. Kubo3iri
Pnlirm ('l +l�f'
Paul K. Ferreira
Depute Police Chief
Staff, upon reviewing the provided documents and visiting the proposed site, does not
anticipate any significant impact to traffic and /or other public safety concerns.
Thank you for allowing us the opportunity to comment.
If there are any questions, please contact Captain Samuel Jelsma, Commander of the
Puna District, at 965 -2716.
Si/Ili
110669
(Tanning rpt.
Exhibit
" Hawai'i County is an Equal Opportunity Provider and Employer"
SCANNED
`V14954
13y:
OF Hq�
OJNSY
Wilijam P:..Kfooi
Alavor
gTE•OF'H�`w
County of Hawaii
POLICE DEPARTMENT
349 Kapiolani Street Hilo, Hawai'i 96720 -3998
(808) 935 -3311 Fax(908)961 -8865
October 19,
2011
TO
BJ LEIT
D TOD CANNING DIRECTOR
tPERATIO
FROM
H N Y
AVAR S ., ASSISTANT POLICE CHIEF
ARE I
S
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 11- 000145)
APPLICANT: KAREN & ADRIAN GALAN
REQUEST: RS -10 TO CV -7.5
TAX MAP KEY: 1 -5- 011:008 AND 009
Harr•, S. Kubo3iri
Pnlirm ('l +l�f'
Paul K. Ferreira
Depute Police Chief
Staff, upon reviewing the provided documents and visiting the proposed site, does not
anticipate any significant impact to traffic and /or other public safety concerns.
Thank you for allowing us the opportunity to comment.
If there are any questions, please contact Captain Samuel Jelsma, Commander of the
Puna District, at 965 -2716.
Si/Ili
110669
(Tanning rpt.
Exhibit
" Hawai'i County is an Equal Opportunity Provider and Employer"
SCANNED
`V14954
13y:
c`
y
`!? Wiliia3xi P Ki"ab 11: 05
October 10, 2011
,M[Y Oi•y,,,
�R IN,
Countp of 7"acboaci`i
HAWAI'I FIRE DEPARTMENT
25 Aupuni Street • Room 2501 • Hilo, Hawaii 96720
(808) 932 -2900 • Fax(808)932 -2928
TO: BJ LEITHEAD TODD, PLANNING DIRECTOR
FROM: DARREN J. ROSARIO, FIRE CHIEF O�
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 11- 000145)
APPLICANT: KAREN & ADRIAN GALAN
REQUEST: RS -10 TO CV -7.5
TAX MAP KEY: 1 -5- 001:008 AND 009
Darren J. Rosario
Fire Chkf
In regards to the above - mentioned Change of Zone application, the following shall be in
accordance:
Fire apparatus access roads shall be in accordance with UFC Section 10.207:
"Fire Apparatus Access Roads
"Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained
in accordance with the provisions of this section.
"(b) Where Required. Fire apparatus access roads shall be required for every building
hereafter constructed when any portion of an exterior wall of the first story is located more
than 150 feet from fire department vehicle access as measured by an unobstructed route
around the exterior of the building.
"EXCEPTIONS: 1. When buildings are completely protected with an approved
automatic fire sprinkler system, the provisions of this section may be modified.
"2. When access roadways cannot be installed due to topography, waterways,
nonnegotiable grades or other similar conditions, the chief may require additional
fire protection as specified in Section 10.301 (b).
Planning Dept. _
Exhibit SCANNED WAWA%
Hawaii County is an Equal Opportunity Provider and Empio ay• V1
zj•
BJ Leithead Todd
October 10, 2011
Page 2
"3. When there are not more than two Group R, Division 3 or Group M
Occupancies, the requirements of this section may be modified, provided, in the
opinion of the chief, fire- fighting or rescue operations would not be impaired.
"More than one fire apparatus road may be required when it is determined by the chief that
access by a single road may be impaired by vehicle congestion, condition of terrain, climatic
conditions or other factors that could limit access.
"For high -piled combustible storage, see Section 81.109.
"(c) Width. The unobstructed width of a fire apparatus access road shall meet the
requirements of the appropriate county jurisdiction.
"(d) Vertical Clearance. Fire apparatus access toads shall have an unobstructed vertical
clearance of not less than 13 feet 6 inches.
"EXCEPTION: Upon approval vertical clearance may be reduced, provided such
reduction does not impair access by fire apparatus and approved signs are installed
and maintained indicating the established vertical clearance.
"(e) Permissible Modifications. Vertical clearances or widths required by this section
may be increased when, in the opinion of the chief, vertical clearances or widths are not
adequate to provide fire apparatus access.
"(f) Surface. Fire apparatus access roads shall be designed and maintained to support the
imposed loads of fire apparatus and shall be provided with a surface so as to provide all -
weather driving capabilities." (20 tons)
"(g) Turning Radius. The turning radius of a fire apparatus access road shall be as
approved by the chief." (45 feet)
"(h) Turnarounds. All dead -end fire apparatus access roads in excess of 150 feet in length
shall be provided with approved provisions for the turning around of fire apparatus.
"(i) Bridges. When a bridge is required to be used as access under this section, it shall be
constructed and maintained in accordance with the applicable sections of the Building Code
and using designed live loading sufficient to carry the imposed loads of fire apparatus.
"(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum
approved by the chief." (15 %)
BJ Leithead Todd
October 10, 2011
Page 3
"(k) Obstruction. The required width of any fire apparatus access road shall not be
obstructed in any manner, including parking of vehicles. Minimum required widths and
clearances established under this section shall be maintained at all times.
"(1) Signs. When required by the fire chief, approved signs or other approved notices shall
be provided and maintained for fire apparatus access roads to identify such roads and
prohibit the obstruction thereof or both."
Water supply shall be in accordance with UFC Section 10.301(c):
"(c) Water Supply. An approved water supply capable of supplying required fire flow for
fire protection shall be provided to all premises upon which buildings or portions of
buildings are hereafter constructed, in accordance with the respective county water
requirements. There shall be provided, when required by the chief, on -site fire hydrants and
mains capable of supplying the required fire flow.
"Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or
other fixed systems capable of providing the required fire flow.
"The location, number and type of fire hydrants connected to a water supply capable of
delivering the required fire flow shall be protected as set forth by the respective county
water requirements. All hydrants shall be accessible to the fire department apparatus by
roadways meeting the requirements of Section 10.207.
DARREN J. ROSARIO
Fire Chief
GA:lpc
NEIL ABERCROMBIE
GOVERNOR
F wT r .t pn 2l7
F#
f
MEMORANDUM
DATE: October 11, 2011
6 �Fh
i\ =w
i
®'PR3•�
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 916
HILO, HAWAII 96721 -0916
TO: Bobby Jean Leithead Todd
Planning Director, County of Hawaii
LORETTAJ. FUDDY, A.C.S.W., M.P.H.
Director of Health
FROM: Newton Inouye W
Acting District Environmental Health Program Chief
SUBJECT: Change of Zone Application (REZ 11- 000145)
Applicant: Karen & Adrian Galan
Request: RS -10 to CV -7.5
Tax Map Key: 1 -5- 011:008 and 009
Label each building and provide by engineer sewage flow calculation for each building and
preliminary design for sewage disposal.
Hair and nail salon would need to meet the requirements of Chapter 11, Hawaii State Department
of Health Administrative Rules, Title 11 "Sanitation."
Construction activities must comply with the provisions of Hawaii Administrative Rules,
Chapter 11 -46, "Community Noise Control."
1. The contractor must obtain a noise permit if the noise levels from the construction
activities are expected to exceed the allowable levels of the rules.
2. Construction equipment and on -site vehicles requiring an exhaust of gas or air
must be equipped with mufflers.
3. The contractor must comply with the requirements pertaining to construction
activities as specified in the rules and the conditions issued with the permit.
Should there be any questions on this matter, please contact the Department of Health at
933 -0917.
The Department of Health does not have any objections to the proposed change in land uses.
However, existing or planned land use activities adjacent to the proposed residential area should
be compatible with a residential neighborhood. sC�
Planning ept, a-' '
Exhibit�3
BJ Leithead Todd
October 11, 2011
Page 2 of 2
We recommend that you review all of the Standard Comments on our website:
http:// 13awaii.jzov/health/environmental /env: lanniny,/Ianduse /landuse html. Any comments
specifically applicable to this project should be adhered to.
The same website also features a Healthy Community Design Smart Growth Checklist
(Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State
Department of Health. The BEWG recommends that state and county planning departments,
developers, planners, engineers and other interested parties apply the healthy built environment
principles in the Checklist whenever they plan or review new developments or redevelopments
projects. We also ask you to share this list with others to increase community awareness on
healthy community design.
WORD:REZ 11- 000145.my
William P. Kenoi
Mayor
Nancy E. Crawford
Finance Director
Deanna S. Sako
Deputy Director
County of Hawaii
DEPARTMENT OF FINANCE - REAL PROPERTY TAX
Aupuni Center • 101 Pauahi Street • Suite No. 4 • Hilo, Hawaii 96720 • Fax (808) 961 -8415
Appraisers (808) 961 -8354 • Clerical (808) 961 -8201 • Collections (808) 961 -8282
West Hawaii Civic Center • 74 -5044 Ane Keohokalole Hwy. • Bldg. D, 2nd Flr. • Kailua Kona, Hawaii 96740
Fax (808) 327 -3538 Appraisers (808) 3234881 • Clerical (808) 3234880
September 30, 2011
To: BJ Leithead Todd
Planning Director 1
From: Michael B. McCall
Asst. Real Property Tax Administrator
Re: Zoning Application, REZ 11- 000145 (,ear a Co
TM Ks 1 -5- 011 -008 & 009
This is to inform you that the Real Property Tax Division has no objections or comments regarding
the re- zoning request for these two parcels.
fhe real property taxes on parcel #008 have been paid in full for the tax year, and for parcel #009
the first half taxes have been paid (2nd half is due 2/20/12).
Planning Crept.
Exhibit
Hawai `i County is an Equal Opportunity Provider and Employer
SCANNFD-s
Mainstreet Pahoa Association
P.O. Box 1189
Pahoa, HI 96778
Oct 10, 2011
County of Hawaii Planning Director
101 Pauahi St. Suite 3
Hilo, HI 96720
RE: TMK (3) 1- 5-011:009 and (3) 1-5- 011:008
1 ? 13
Karen and Adrian Galan change of zone request
From residential 10,000 square feet (RS -10) to commercial village 7,500 square feet
(CV -7.5)
Mainstreet Pahoa Association is in receipt of Karen and Adrian Galan s plans for what
appears to be a massive development for Mainstreet Pahoa.
Mainstreet Pahoa Association was founded in 1992 to establish and maintain Pahoa Village
as the social, cultural and commercial center of lower Puna. Our primary goals are to
enhance the economic vitality and quality of life of our community.
We wrote you in May noting that two properties in down town Pahoa, 15 -2881 & 15 -2885
Pahoa Village Rd., applied for changes in zoning from residential to commercial status
without accompanying a specific plan or intention for doing so.
Since then, the Windward Planning Commission took up a rezoning application involving
15 -2881 Pahoa Village Rd. Mainstreet Pahoa Association president Tiffany Edwards Hunt
read our letter stating our concern for submitted rezoning applications without
accompanying plans lend themselves to real estate speculation as well as unforeseen
Planning Dept.
Exhibit
SCANNED
;may: 0'7 4
changes to our village charm.
Through our letter and Tiffany's testimony, we asked that you require a plan fowthe use of
these properties when you review their applications so neighbors and local stakeholders
can be better informed about such significant changes. You obliged our request and voted
4-0 to advance the rezoning application to full Council level with a negative
recommendation. The applicants withdrew their rezoning application, and have since
listed 15 -2881 Pahoa Village Road for sale.
Now, the Galans have revised their rezoning application, going from no official plan to one
proposing four retail establishments and five resort-type facilities.
If this were real, this would have a substantial impact on Old Pahoa Village.
Please note that we are currently challenged by the fact that many folks approaching Pahoa
consider the new Woodland Center (KFC, Burger King, Longs) and the Malama. Market
complex to be the extent of our town.
Suffice it to say, we believe the Galans' plan for a " Pahoa Boutiques and Bungalows" would
require far more than 18 parking places. We believe the commercial - resort residential
project would require at least two spaces each and the number of spaces for the retail
would depend on the square footage. We look at the properties upon which the Galan
are proposing to build the Pahoa Boutiques and Bungalows and we think that it is just not
logistically possible to build the bungalows and provide the amount of parking necessary.
Given the Galans have had the property for sale and they initiated their rezoning
application as part of a property sales deal, we have to wonder if the Galans are genuinely
planning to pursue this commercial- resortresidential venture.
The Galans have made no effort to make a presentation on their proposed development to
Mainstreet Pahoa Association.
Please note that the members of Mainstreet Pahoa are invested in doing everything we can
to support the economic and historical vitality of Pahoa Village. Please help us to keep our
commercial enterprises "above the boards" and consistent with the community's vision
when you review rezoning requests.
We ask that the Planning Commission table the matter until the Galans have made a
presentation to Mainstreet Pahoa.
We also seek a delay on this rezoning application to allow Mainstreet Pahoa Association
2
time to prepare legislation to establish an Old Pahoa Village Design District. We believe a
Design District is crucial for the future of the village's historic preservation and economic
vitality. We believe a design district is in sync with the Puna Community Development
Plan.
Mahalo,
Mainstreet Pahoa Association
Letter of Transmittal
To:
County of Hawaii
Planning Department
101 Pauahi Street Suite 3
Hilo, Hi 96720
�r f
!l RIE tt
��tt
4t
Date: October 18, 2011
From:
All Aina Services
P.O. Box 291
Laupahoehoe, Hi 96764
(808) 969 -3882
Subject: Change of Zone Application (REZ 11- 000137)
TMK: (3) 1 -5- 011:008 & 009
Applicants: Karen & Adrian Galan
Authorized Agency: All Aina Services
Original Letter of Transmittal
Response to Letter from Mainstreet Pahoa Association (& copy for files at Planning Department)
Response to Letter for State of Hawaii, Department of Health (& copy for files at Planning
Department)
Planning Dept,
Exhibit ___LLL
SCANNEDI
07 7'9
County of Hawaii
Planning Department
B.J. Leithead Todd, Planning Director
101 Pauahi Street, Suite 3
Hilo, HI 96720
October 18, 2011
Subject: Change of Zone Application (REZ 11- 000137)
Applicants: Karen & Adrian Galan
Request: RS -10 to CV -7.5
TMK (3) 1 -5- 011:008 & 009
To Whom It May Concern:
This letter is in response to concerns brought forth by the Mainstreet Pahoa Association,
in the letter dated, October 10, 2011.
The proposed development was what Mr. & Mrs. Galan envisioned at the time they
purchased the subject properties in March, 2004.
It is true that the original application, which was withdrawn, did not include the
proposed development. After hearing that the community would not be satisfied
without information included for exactly what was proposed for the subject parcels the
Galans decided to move forward with their original plan.
Also, initially, an "interested party" was considering a different proposed development
with the proposed purchase of the subject parcels. They were among several different
entrepreneurs who were interested in purchasing the subject parcels, if the rezoning
was already completed. Because of the turbulent nature of the opposition to the
proposed activities of the "interested party" and many delays; the "interested party"
withdrew interest and relocated to another parcel in Pahoa that already had
commercial zoning.
At a subsequent meeting, Mrs. Galan explained her original desires, I drafted up the
concept drafts and site plan. Her response was, 'That is exactly what I wanted in the
first place ". It is rather insulting to suggest that this plan isn't "real" or perhaps "not
above boards ". This plan is very real; there has been much thought, investment, and
attention to detail as the plan has developed. The Galans are enthusiastic and are
putting together funding for the proposed development.
The proposed development offers a venue for entrepreneurs of small businesses, as
well as a few opportunities for employment for local residents. The proposed Boutiques
are envisioned to offer retail space to an art gallery, a clothing shop, a hair and nail
salon, and the Office / Gift Shop for management of the Bungalows. The Boutiques are
quaint and would likely be run by one or two people. The Office / Gift Shop with
management activities would likely be run by 3 to 4 people for the operation of the Gift
Shop, greeting and registering guests, as well as the maintenance of the Bungalows and
grounds of the complex. Also the presence of the proposed art gallery and Gift Shop will
offer outlets for local artists.
The proposed development would provide ADA accessibility, not only for the potential
retail or services offered within the Boutique portion of the structures, but also for an
overnight accommodation, which can be difficult to find in venues such as vacation
rentals, etc. Having such an accommodation would allow a visitor and their traveling
companion(s) to stay in Pahoa and enjoy the village atmosphere, as well as fine dining,
natural health foods, and other shops, as well.
The proposed parking is more than adequate, as per the Zoning Code, sections 25 -4 -50
thru 25 -4 -55. The method for determining the number of parking spaces for retail
spaces with CV Zoning is 1 space per every three hundred sq. ft. There are 4 proposed
Boutiques (retail spaces, including one that will be the Office / Gift Shop for the
management and laundry facility for the proposed Bungalows), 480 sq. ft. each =1920
sq. ft. — 6.7 (rounded up) to 7 spaces. The method for determining the number of
parking spaces for Hotels & Lodges, "Units without Kitchens ", requires 1 space for every
3 units. There are 6 proposed Bungalows, 1 unit is an ADA accessible unit with planned
ADA (van sized w/ loading area) parking. Therefore according to the methods
determined within the Zoning Code, 3 van ADA parking areas and 13 additional parking
spaces more than meet the minimum spaces required.
The plan includes sidewalks, one fronting Pahoa Village Road, an obvious improvement
that assures public safety for pedestrians; as well as a planned sidewalk meandering
throughout the complex with ample lighting for safety and security. Also, there will be
lush & tropical landscaping in the common areas between the proposed structures, as
well as the area adjacent the sidewalk along the road, in the parking areas, and a
planting screen between the surrounding properties that are zoned RS -10, planned to
meet the Zoning Code. All proposed landscaping will meet the code requirements and
witt be illustrated with the Plan Approval prior to initiating building permits.
The proposed structures are designed with "Plantation Style" construction and will be
painted with "earthy" tones to blend in with the older buildings along Pahoa Village
Road, the surrounding neighborhoods, and outlying areas. Each structure will include a
6' x 20' Porch in the front of each downstairs unit (including the ADA unit); places where
guests and shop owners can duck in out of the weather, or sit, relax, and visit. The
Bungalows are designed with a 6'x 16' Lanai in the back of each upstairs unit to allow an
airy place for relaxation and offering some "old fashioned" charm.
The proposed development was well received by Councilman Fred Bias who supports
businesses in Pahoa Village. He voiced support for new businesses that further support
existing businesses, which the proposed development does, while making every effort
to maintain the "old timey" ambiance of Pahoa Village.
Any suggestions that Mainstreet Pahoa Association may have would be appreciated.
However, as there are no covenants or restrictions as to design or development along
the Pahoa Village Road, it seems unnecessary to delay this application. A delay would
also be a hardship to the applicants who have invested money and time into this
proposed development, to satisfy the requirements of the rezoning process, looking
forward to the future, and completion of their plans.
Sincerely,
Lori ikkelson
nt for the applicants
County of Hawaii
Planning Department
101 Pauahi Street, Suite 3
Hilo, HI 96720
October 18, 2011
Response to the State of Hawaii, Department of Health, Letter, dated October 11, 2011
Subject: Change of Zone Application (REZ 11- 000137)
Applicants: Karen & Adrian Galan
Request: RS -10 to CV -7.5
TMK (3) 1 -5- 011:008 & 009
To Whom It May Concern:
The plans for the proposed development will be finalized and process through Plan
Approval with the Planning Department prior to initiating the building permit(s). There
will be approved designs for septic systems, as per licensed engineer.
The proposed hair & nail salon will comply with the requirements of Department of
Health administrative rules, Chapter 11, "Sanitation ".
The proposed construction and contractor(s) will comply with administrative rules,
Chapter 11 -46 "Community Noise Control ".
The applicants & planners appreciate the inclusion of the website and the checklist. The
proposed development will use the information to complete the planning and
permitting process.
Sincerely,
tor' Mikkelson
ent for the Applicants
.f 1
l
Letter of Transmittal
To:
County of Hawaii
Planning Department
101 Pauahi Street Suite 3
Hilo, Hi 96720
Date: October 20, 2011
From:
All Aina Services
P.O. Box 291
Laupahoehoe, Hi 96764
(808) 969 -3882
Subject: Change of Zone Application (REZ 11- 000137)
TMK: (3) 1 -5- 011:008 & 009
Applicants: Karen & Adrian Galan
Authorized Agency: All Aina Services
Original Letter of Transmittal
Response to Letter Department of Water Supply (Response sent directly to agency)
Response to Letter from Department of Public Works (Response sent directly to agency)
Response to Letter from Fire Department (Response sent directly to agency)
County of Hawaii
Planning Department
101 Pauahi Street, Suite 3
Hilo, HI 96720
October 20, 2011
Response to the Fire Department, dated October 10, 2011
Subject: Change of Zone Application (REZ 11- 000137)
Applicants: Karen & Adrian Galan
Request: RS -10 to CV -7.5
TMK (3) 1- 5- 011:008 & 009
To Whom It May Concern:
Thank you for your response in regards to the application above.
The proposed project is divided by the property line between parcel 008 & 009. There
are three proposed, two story structures on parcel 008. Although the plans are in the
early stages of development, the farthest structure from Pahoa Village Road is 108'.
There are two proposed structures on parcel 009, and again, the project is in the early
stages of development, with the farthest structure approximately 140' from Pahoa
Village Road.
The project is planned for a one way driveway, entering on the southwest corner of
parcel 009 from Pahoa Village Road and exiting on the southeast corner of 008 onto
Pahoa Village Road. The required and appropriate signage will be posted on the
entrance and exit of the driveway.
As mentioned above, the project is still in the early stages of development. It is possible
to adjust the locations of the buildings to expand the proposed driveway to meet the
minimum requirements, as per direction of the Fire Chief.
The Department of Water Supply as determined that there is ample water to each
meter on each parcel for ample fire protection. Also, water calculations will be supplied
by a licensed engineer.
074848
The proposed project will complete the Plan Approval process before initiating building
permits. All agencies will have an opportunity to review the project for comments on
the proposed construction at that time.
Sincerely,
Lori ikkelson
ent for the Applicants
County of Hawaii
Planning Department
101 Pauahi Street, Suite 3
Hilo, HI 96720
October 20, 2011
Response to the Department of Public Works, dated October 17, 2011
Subject: Change of Zone Application (REZ 11- 000137)
Applicants: Karen & Adrian Galan
Request: RS -10 to CV -7.5
TMK (3) 1 -5- 011:008 & 009
To Whom It May Concern:
Thank you for your response in regards to the application above.
The applicants have been in touch with a licensed engineer who will be assisting them
with their project. The engineer will provide plans & guidance for the construction of
the driveway, parking area(s), sidewalks, curbs, & gutters, as per the requirements of
the Department of Public Works. No runoff generated on the subject parcels will flow
onto surrounding properties, rather will be disposed of on site.
ADA requirements will be recognized. The applicants recognize that Pahoa Village Road
as approximately 30' wide fronting the subject parcels. The proposed project will
complete the Plan Approval process before initiating building permits. All agencies will
have an opportunity to review the project for comments on the proposed construction
at that time.
Sincerely,
Lori kkelson
Age or the Applicants
11M, 69 A
County of Hawaii
Planning Department
101 Pauahi Street, Suite 3
Hilo, HI 96720
October 20, 2011
Response to the Department of Water Supply, dated May 24, 2011
Subject: Change of Zone Application (REZ 11- 000137)
Applicants: Karen & Adrian Galan
Request: RS -10 to CV -7.5
TMK (3) 1 -5- 011:008 & 009
To Whom It May Concern:
Thank you for your response in regards to the application above.
The applicants have been in touch with a licensed engineer who will be assisting them
with their project. He will do water calculations, as per your requirements.
The applicants have received a response from the Fire Department and, in return, have
responded that they will meet the requirements of the Fire Department with the
development of the proposed project.
A backflow valve will be installed within five feet of the meters on the subject parcels.
The proposed project will complete the Plan Approval process before initiating building
permits. All agencies will have an opportunity to review the project for comments on
the proposed construction at that time.
Sincerely
�/ M1
ri Mikkelson
Agent for the Applicants
074848
Letter of Transmittal
Date: October 27, 2011
To:
County of Hawaii
Planning Department
101 Pauahi Street Suite 3
Hilo, Hi 96720
From:
All Aina Services
P.O. Box 291
Laupahoehoe, Hi 96764
(808) 969 -3882
Subject: Change of Zone Application (REZ 11- 000137)
TMK: (3) 1 -5- 011:008 & 009
Applicants: Karen & Adrian Galan
Authorized Agency: All Aina Services
Original Letter of Transmittal
Response to Letter from Tiffany Edwards Hunt
Planning Dept.
Exhibit _
By: �6 i
°s
?{
County of Hawaii
Planning Department
B.J. Leithead Todd, Planning Director
101 Pauahi Street, Suite 3
Hilo, HI 96720
October 27, 2011
Subject: Change of Zone Application (REZ 11- 000137)
Applicants: Karen & Adrian Galan
Request: RS -10 to CV -7.5
TMK (3) 1 -5- 011:008 & 009
Response to Letter from Tiffany Edwards Hunt
Aloha Jeff Hunt & Tiffany Edwards Hunt,
Below is the letter that was submitted to the Planning Department and mailed as a
response to the Mainstreet Pahoa Association letter, dated October 10, 2011. Mrs.
Hunt, as president of that association, you should have by now received the response
below, dated October 18, 2011:
"This letter is in response to concerns brought forth by the Mainstreet Pahoa
Association, in the letter dated, October 10, 2011.
The proposed development was what Mr. & Mrs. Galan envisioned at the time they
purchased the subject properties in March, 2004.
It is true that the original application, which was withdrawn, did not include the
proposed development. After hearing that the community would not be satisfied
without information included for exactly what was proposed for the subject parcels
the Galans decided to move forward with their original plan.
Also, initially, an "interested party" was considering a different proposed
development with the proposed purchase of the subject parcels. They were among
several different entrepreneurs who were interested in purchasing the subject parcels,
if the rezoning was already completed. Because of the turbulent nature of the
opposition to the proposed activities of the "interested party" and many delays; the
"Interested party" withdrew interest and relocated to another parcel in Pahoa that
already had commercial zoning.
At a subsequent meeting, Mrs. Galan explained her original desires, I drafted up the
concept drafts and site plan. Her response was, "That is exactly what 1 wanted in the
first place ". It is rather insulting to suggest that this plan isn't "real" or perhaps "not
above boards ". This plan is very real; there has been much thought, investment, and
attention to detail as the plan has developed. The Galans are enthusiastic and are
putting together funding for the proposed development.
The proposed development offers a venue for entrepreneurs of small businesses, as
well as a few opportunities for employment for local residents. The proposed
Boutiques are envisioned to offer retail space to an art gallery, a clothing shop, a hair
and nail salon, and the Office / Gift Shop for management of the Bungalows. The
Boutiques are quaint and would likely be run by one or two people. The Office / Gift
Shop with management activities would likely be run by 3 to 4 people for the
operation of the Gift Shop, greeting and registering guests, as well as the maintenance
of the Bungalows and grounds of the complex. Also the presence of the proposed art
gallery and Gift Shop will offer outlets for local artists.
The proposed development would provide ADA accessibility, not only for the potential
retail or services offered within the Boutique portion of the structures, but also for an
overnight accommodation, which can be difficult to find in venues such as vacation
rentals, etc. Having such an accommodation would allow a visitor and their traveling
companion(s) to stay in Pahoa and enjoy the village atmosphere, as well as fine
dining, natural health foods, and other shops, as well.
The proposed parking is more than adequate, as per the Zoning Code, sections 25 -4-50
thru 25 -4-55. The method for determining the number of parking spaces for retail
spaces with CV Zoning is 1 space per every three hundred sq. ft. There are 4 proposed
Boutiques (retail spaces, including one that will be the Office / Gift Shop for the
management and laundry facility for the proposed Bungalows), 480 sq. ft. each =1920
sq. ft. — 6.7 (rounded up) to 7 spaces. The method for determining the number of
parking spaces for Hotels & Lodges, "Units without Kitchens", requires 1 space for
every 3 units. There are 6 proposed Bungalows,) unit is an ADA accessible unit with
planned ADA (van sized w/ loading area) parking. Therefore according to the methods
determined within the Zoning Code, 3 van ADA parking areas and 13 additional
parking spaces more than meet the minimum spaces required.
The plan includes sidewalks, one fronting Pahoa Village Road, an obvious
Improvement that assures public safety for pedestrians; as well as a planned sidewalk
meandering throughout the complex with ample lighting for safety and security. Also,
there will be lush & tropical landscaping in the common areas between the proposed
structures, as well as the area adjacent the sidewalk along the road, in the parking
areas, and a planting screen between the surrounding properties that are zoned RS-
10, planned to meet the Zoning Code. All proposed landscaping will meet the code
requirements and will be illustrated with the Plan Approval prior to initiating building
permits.
The proposed structures are designed with "Plantation Style" construction and will be
painted with "earthy" tones to blend in with the older buildings along Pahoa Village
Road, the surrounding neighborhoods, and outlying areas. Each structure will include
a 6' x 20' Porch in the front of each downstairs unit (including the ADA unit); places
where guests and shop owners can duck in out of the weather, or sit, relax, and visit.
The Bungalows are designed with a 6' x 16' Lanai in the back of each upstairs unit to
allow an airy place for relaxation and offering some "old fashioned" charm.
The proposed development was well received by Councilman Fred Bias who supports
businesses in Pahoa Village. He voiced support for new businesses that further
support existing businesses, which the proposed development does, while making
every effort to maintain the "old timey" ambiance of Pahoa Village.
Any suggestions that Mainstreet Pahoa Association may have would be appreciated.
However, as there are no covenants or restrictions as to design or development along
the Pahoa Village Road, it seems unnecessary to delay this application. A delay would
also be a hardship to the applicants who have invested money and time into this
proposed development, to satisfy the requirements of the rezoning process, looking
forward to the future, and completion of their plans."
Please allow me to further explain and answer your concerns:
In general, a land owner (such as yourselves), with property that suits future
development, has the right to apply for a change of zoning. The Galans intend to move
forward toward the development of the property. Of course, with a proposed rezoning,
that includes compliance with the required approvals & permits to meet the
requirements of the State and County of Hawaii.
The previous tenants (mentioned in the letter above, as "interested parties" in an effort
to keep to the facts without the need to name drop), Debra Patterson and Leah Kimball
Parnell, did approach the Galans with a proposal which included, tenancy as a residence,
and a commitment to purchase the parcel upon completion of the rezoning process
which would have allowed them to operate their proposed business (P Town
Skateboards). After completion of the purchase, their responsibility would be to
complete the Plan Approval and all of the code upgrades, parking, and landscape
requirements.
Because they met with such "turbulent opposition" and because from the beginning it
was understood and noted on their rental agreement, the previous tenants were not to
operate any business activities without the completion and approval of the rezoning
process. Mrs. Galan was adamant about their agreement that they were tenants in a
residence only. Ultimately, as you know, they found another location and moved on.
The statement in the letter above regarding the Galan's intentions well explains and
fully discloses how the Galans have moved forward with the development that they
envisioned from the beginning when they purchased their property in 2004. That vision
has now shaped into the Pahoa Boutiques & Bungalows which will include a touch of
class, as well as village charm. This is an exciting proposal for them and they very much
are looking forward to the completion of their rezoning request, plans, construction,
and completion of this project.
Any structure that was built before 1965 is exempt from the setback requirements of
the County of Hawaii, Zoning Code. Because the existing structure, as you pointed out, is
a "non- conforming" residence, it would take major redesigning and retrofitting to bring
it up to commercial code(s) standards. Therefore, the proposed development includes
the demolition of the existing "non- conforming" residence; that includes the
abandonment of the existing cesspool and construction of a new septic system, as per
engineer design and approval of the State of Hawaii, Department of Health.
Please note, that the parcels were surveyed, with metes & bounds, and the project, as
planned, will work perfectly on the parcels, 15' setbacks (front & back from any
structure on the subject parcel), including a 5' road widening easement, with off street
parking, ADA parking, along with a one way driveway. As far as setbacks from the
adjoining properties, the zoning code does not require side yard setbacks with
commercial zoning. However, the design of the proposed development that includes a
one way, "U" shaped, driveway will negate your concerns of side yard setbacks. Also,
the required landscaping screen between the adjoining residentially zoned properties
will be illustrated and addressed with Plan Approval (also stated in the letter to
Mainstreet Pahoa, as well as the application for rezoning).
The Department of Public Works, Engineering Division (the division that for the record
gives these parcels, as well as yours, a determination of "X" meaning not in a flood zone)
has approved the preliminary draft of the site plan, as well as the driveway, parking,
sidewalk, etc. that will all be completed by an engineer upon the completion of the
rezoning process. Please note that the size of the structures and the nature of the
development does not require the need for a traffic impact study. The Department of
Health has also approved the inclusion of the Hair & Nail Salon, as well as the septic
plans, again, to be completed by an engineer upon completion of the rezoning process.
Also, the Department of Water Supply, as well as the Fire Department has determined
that there is ample water for the proposed development; however, as per typical of this
type of proposed development, have included the requirement for water calculations to
be submitted by an engineer at the time of Plan Approval. The other departments and
agencies have either approved or had no comment regarding the proposed
development.
Also, the original submittal for this application included drafts of the proposed units and
the parking calculations are complete. The proposed development of Pahoa Boutiques
& Bungalows was conceived not only to enhance the "village charm" of Pahoa, but more
to support the existing businesses (including yours), and offer a destination for travelers
and tourists that will keep them in the area, rather than having to travel back to Hilo or
points beyond. This is a special opportunity to offer accommodations to travelers with
disabilities, somewhat of a rare commodity other than in hotels, etc; that will also
enhance the local businesses on Pahoa Village Road. This is hardly the scale or scope of
development that would turn Pahoa into a resort area. Rather, it is a plan that will offer
accommodations in the heart of the village that will bring additional clientele and
interest to the local businesses and restaurants.
The proposed retail activities were included in the application for the Boutiques &
Bungalows. The plan includes that the 1S` Boutique would act as the Office /Gift Shop.
The other three boutiques would be a Hair & Nail Salon, Clothing Store, and an Art
Gallery; the explanation was also provided in the response to the concerns of the
Mainstreet Pahoa Association, included herein. The plan has not wavered from the
original application.
It is true that neither you nor the Galans live in Pahoa. As you know from your own
experience, it is possible to take an interest in a community without actually residing
there. Mrs. Galan is especially enthusiastic about the prospects of their proposed
development and can hardly wait until the rezoning hearings, Plan Approval, permittings
are complete so they can actually get started. She was adamant that the construction be
completed in the old plantation style to blend in and enhance Old Pahoa Village.
The Galans are more than concerned about the existing structure that does remain
uninhabited since the previous tenants moved out. That is another indication of how
serious they are with their plans to develop and get started with operation of the
Boutiques & Bungalows. They feel that they can't enter into another rental agreement
knowing that it would have to be short term. Finding a caretaker that is suitable to their
plans and the neighbor's desires would be one consideration, but finding the right
caretaker is the daunting task, as there have been problems with the neighbors and
tenants in the past. Again, they intend to move forward with the development as soon
as they have received approval from the county for the requested rezoning and Plan
Approval.
If you have the opportunity to observe, and photo, "street" people loitering,
trespassing, and other unsavory activities, such as "urinating" in plain view; wouldn't the
obvious, neighborly, and civic minded thing be to call the police and make a report.
Typically, the presence of the police is enough to move the "street" people along to a
different location. (That is another point in good favor of the proposed development, as
there will be commercial activities with security and lighting with fewer opportunities
for loitering, etc.) I know such an effort would be much appreciated not only by the
Galans, the other businesses on Pahoa Village Road, but also the police who obviously
can't be in all places at the same time.
Finally, the Galans are doing everything they can (we all are) to satisfy the requirements
of the county, as well as trying to satisfy and answer your concerns. Your letter was
laced with resentment and comments such as "bait& switch" & "far- fetched ". During a
previous and unrelated rezoning application hearing with the Planning Commission, you
and the attorney that was representing you that day mentioned that there needed to be
a plan, which with this application, there is. You and your attorney stated that "all
rezonings must be in the public interest and for the general welfare "; the proposed
development meets that criteria. Your complaint that the rezoning effort without design
or commitment 'lends itself to real estate speculation" is not applicable with this
application; we have committed to departments & agencies a design and development
plan and further, have expressed enthusiasm and interest in moving forward as soon as
possible with the proposed development. In fact, there has been much effort and
emphasis placed on the desire to capture and continue the village atmosphere with the
proposed development that not only commits to the public interest and general
welfare, but commits to the Pahoa Village interest and general welfare.
Thank you for your interest.
Sincerely,
Lfntfor kelson
A the ap plicants
P!At 4t04 DEPARTMENT
ENT
Sept. 18, 2011
`'N! C A 21 PR 2: 57
My name is Eiko Kajiyama. I just received a notice that the people who own the
blue house across the street, Karen and Adrian Galan, are trying to rezone their
property by saying they will build "Pahoa Boutiques and Bungalows" with five
separate two-story structures.
I would like to put in my testimony against this proposal. I have lived in Pahoa all of
my life and at 15-2882 Pahoa Village Road since 1971. I'm 80 years old. My
husband is Goro Kajiyama and he is 87 years old.
I would like to come to a meeting about this rezoning and tell you in person that I
am against this. But my husband has dementia and I am the caregiver for him, and
I cannot go to Hilo to your meeting.
I want to express that Pahoa is my home. It has always been my home. I grew up
in the homestead above the school, and then I moved across the Akebono Theater.
Then my parents moved to Pahoa Village Road. I married and was in Kapoho
when the eruption came and I had to move to Kea'au. Then I moved back to Pahoa
to care for my parents in '71.
I can't imagine having five boutiques and bungalows across the street from my
house. You don't know what kind of people will stay there. I don't care for all this.
How come they're making this up? Are they really going to make these structures?
"The bungalows would be made available on a daily or weekly basis?" How can
this be? My husband and I live across the street from this. This is not pono.
Eiko Kajiyama
SCANNED
SEP 2 3 �l
Byt12 42(
Planning Dept.
Exhibit 14
Jeff Hunt Surfooards LLO
P.O.Box 453
Pahoa,HI 96778
www;jeffhuntsurfboards.com
jeffhuntsurfboards @me.com
(808)965-2322
Oct. 19,2011
PlanriT1 g Director
101 Pauahi Street
Hilo,HI 96720
Re: Galan Change-Of-Zone Application/
"Pahoa Boutiques And Bungalows"proposal
To Whom It May Concern:
Jeff Hunt Surfboards would,once again,like to offer comments on the Change of
Zone Application being put forth by Karen and Adrian Galan for TALK(3) 1-8-
011:008 8e 009,located at 15-2885 Pahoa Village Road.
Jeff Hunt Surfboards neighbors the parcel,at 15-2883 Pahoa Village Road,on the
Hilo side.
Jeff Hunt Surfboards weighed in when the Galans put forth a general change of
zone request to village commercial. Now the Galans have revised their
application to state they intend to build"Pahoa Boutiques and Bungalows."
Last the public knew P-Town Skate Shop had attempted to set up shop in the
Galan house. Now P-Town Skate Shop has moved down the road and the Galans,
living in Kapa'au, continue to be the absentee landlords they have been since Jeff
Hunt Surfboards has neighbored them.
Jeff Hunt Surfboards would like the Galans to give full disclosure to the Windward
Planning Commission and to the public for how this went from what was said to be
a property sales deal with P-Town Skate Shop proprietors Debra Patterson and/or
Leah Kimball Parnell,former renters of the Galans'property,to "Pahoa Boutiques
and Bungalows."
Pahoa Village is an area in desperate need of a positive economic and
beautification revival,and it doesn't appear the Galans have any intention to
carry out the Pahoa Boutiques and Bungalows project. The Galans have had their
home for sale and have had very little to do with Pahoa. Jeff Hunt Surfboards
questions whether this rezoning application is a bait-and-switch to receive
commercial rezoning for real estate speculation.
SCANNED
Planning Dept.
Exhibit IS
The Galans claim they intend to build Pahoa Boutiques and Bungalows,yet they
have no idea that their home in the heart of historic Pahoa Village,while sitting
empty of renters in recent months,has become the refuge for street people,e.g.,
derelicts.
Jeff Hunt Surfboards urges you to reject this particular rezoning request.
If you wish give the Galan's rezoning application any thought whatsoever,
consider the following reasons why it is deficient:
•
— There is no accompanying traffic impact study.
— The number of spaces being planned for"Pahoa Boutiques and
Bungalows",at 18,is enough to accommodate the number of
commercial units proposed. The properties upon which the
bungalows and the parking spaces will be situated are not big
enough to accommodate the bungalows and parking spaces that will
be necessary for this project.
— The planned amount of retail space is not stated in the application,
in order to accurately determine the amount of parking spaces
needed.
— The rendering that accompanies the application does not even
account for all the 18 promised parking spaces.
— Is there sufficient water for this planned development?There must
be sufficient water for firefighting and water usage for day-to-day
operations for retail and resort spaces.
— Woodland Center has changed the face of the entrance to Pahoa for
the worse,with fast-food stores and a big-box chain store being
visitors'first impression.
— This supposed"Pahoa Boutiques and Bungalows"in the heart of the
village could further threaten the character of the neighborhood,
not knowing exactly what commercial enterprise the Galans will
pursue exactly.
— Do we want Pahoa to be a resort area?
— The application claims there is no flood problem in the area,
however,with normal rainfall the area floods.
— There is no setback on the Galans'house,as it stands now. Plans for
"Pahoa Boutiques and Bungalows do not account for a setback or
sidewalks that will be necessary along the front of the Galans'
adjoining properties.
2
—The plan aoes not account for/gives a far-fetched explanation for not
fulfilling ng an off-street loading requirement in the Hawaii County Code.
The proposed"Pahoa Boutiques and Bungalows" project,if it is in fact to
be both a retail and resort development as pitched,will most definitely
need an off-street loading area amongst other things.
gs.
Thank you for considering our position when you decide upon yours.
Sincerely,
Jeff Hunt&
Tiffany •W- • Hunt
Jeff Hunt Surfboards LLC
16-2883 Pahoa Village Road
Pahoa,HI 96778
Co Puna Councilman Fred Blas,Windward Planning Commission,Mainstreet
Pahoa Association;neighboring landowners
3
Cottle, Maija ; ,N},,xlf3 DEP tF i"1ENT
From: Tiffany Edwards Hunt[newswoman @mac.com]
Sent: Monday, October 24, 2011 9:34 AM " T �E r., 3 '�;
To: Tiffany Edwards Hunt; hcpdone @co.hawaii.hi.us; Maija Cottle
Subject: For Galan Change of Zone
Attachments: photo.JPG;ATT00013.txt
Street guy urinating at Galan house,9:30 a.m. Monday
SCANNED
v
•
tr:�
F a s r
:�Y
•
Cottle, Maija
From: Tiffany Edwards Hunt[newswoman @mac.com]
Sent: Monday, October 24, 2011 9:30 AM ^ . .,
To: Tiffany Edwards Hunt; Maija Cottle; hcpdone @co.hawaii.hi.us a8
Subject: Street people at the Galans
Attachments: photo.JPG;ATT00019.txt
15-2881 Pahoa Village Road. This can accompany testimony on the Galan Change of Zone
Application...
074892
1
�:,:
1
1
�,f
�J Q 1 ` M1
�
s h
1 4 114 44
� �
F
'�""`'� X Lq 1� '
a
fi. ; F 'L. ,,,� i k 4
{ : M` 1 d x fi 1Gry, ,§,-....",-,?,. r �.
F Qt,,,, l' s.
�1 !vr'�'bRa' eHY
' ; nt"rt l,,,x, r „sYF ' `��}F
yg�{
8 ie3
Yr .
�qq
I
Jhf t'''.
{ df p 5
y {yyy F.
9
44*4
ar
g '
s:,� 41
z, �. ',,,,
, ii ,,,,,,,,, ,.. „ „ ,,
. .,. .. ., .,
-,.... .,
.......„........ t i . ..
.......„.,,, . ,. 34t:g4 ..
s4I.,Y.. "l .a.
iii ,,
ti,,,,t,„,,,,,,, f
,:...
,,„ ..i,
.‘ . ..... .. i ,,,,, t,
.,
, i
..
„ ,, ,, ,. ? i 1,6..,„
. . .„ ,
...„.........!,., I
N .... $ ...
, , * .. ,.,... ; M.� ^yd I Grp ♦vf
i�' i�yy,. ,ail
f s
• as ,, rrk -�/ ...-- n(v.: ,
.01P1 It i ' 431'''
e
Pahoa Auto Parts
P.O. Box 1301 2: 56
Pahoa, HI 96778
(808) 965-8622
Oct. 26, 2011
Planning Department
Attn: Planning Director
101 Pauahi St. Suite 3
Hilo, HI 96720
Re: Change of Zone Application (Galan/ REZ 11-000137)
Dear Planning Director,
Pahoa Auto Parts is writing to object to the Pahoa Boutiques and Bungalows
proposal brought forth by Karen and Adrian Galan.
Upon hearing about this proposed development, our first reaction is, this
sounds like they've researched the zoning and they are submitting a proposal
that is worded to make it fit the requirements of the County Code. That may
or may not be so, but the reality of that particular location is, if you put a
quaint little "bungalow" complex, with side trails and whatever, you're going
to probably have more street people than customers.
The art gallery and boutique concept has been tried up and down the main
road of Pahoa with marginal success at best. The bungalows —a place
where people can duck out of the rain? In Pahoa, that will be a welcome sign
for street people and squatters to move in onto the lanai
We are not really against people developing property they own. But like we
said, these things have been tried in Pahoa. You're going to be offering a
place off the main road for the misdemeanants and drug dealers to be able to
duck away from sight for illegal activity. It sounds as if the Galans really
don't understand how Pahoa is, and the challenges we face here.
SCANNED
Planning Dept. `4 9 ;
Exhibit tip
We applaud the Galans in their efforts to put forth a proposal such as this.
But it really won't work in Pahoa. We have a number of bed and breakfasts
and boutique-type shops and they are barely making it.
Really, this sounds like a Kona development.
Employment projections shared with Mainstreet Pahoa Association are rosy
and sunny, but we don't think they are based on reality.
We also have concern for the amount of parking being proposed for the
project and the one-way traffic pattern. With security, great, but the reality
is that those spots will be filled, not necessarily with people intending to stay
at the Pahoa Boutiques and Bungalows. We have a shortage of parking in
Pahoa as it stands now. We don't believe 18 parking spaces will cover the
shops and bungalow. Where will also these supposed employees park? The
supposed employees for this project will fill up just about all the parking
spaces that are being proposed. This really doesn't sound like a very realistic
project.
The project sounds like it was put together by someone wearing rose-colored
glasses.
Pahoa needs certain things, but I think we have adequate bed and breakfasts
and boutiques and they struggle in the best of times. Art galleries have
failed at least twice that I know.
Please reject this proposal.
# tom- --
Brady Metcalf
Owner, Pahoa Auto Parts
2
Pahoa Cash & Carry
P.O. Box 376 r(' 56
Pahoa, HI 96778
(808) 965-8216
Oct. 26,2011
Planning Department
Attn: Planning Director
101 Pauahi St. Suite 3
Hilo, HI 96720
Re: Change of Zone Application(REZ 11-000137)
Dear Planning Director,
Pahoa Cash& Carry is writing to voice its objection to the Galans' rezoning application
calling for"Pahoa Boutiques and Bungalows."Pahoa Cash&Carry has been in business
in Pahoa for over 80 years.
The Galans submitted a general rezoning application that did not include a plan for their
property and now they have resubmitted an application with a multi-million-dollar plan
for a resort-type development that is not at all realistic for Pahoa Village.
The Galans have had their property for sale, and then moved in a business to operate
illegally. Now they want to pitch to the community a resort-type development?
Currently,the Galans' property sits empty and neglected, and is actually being frequented
by vagrants who inhabit Pahoa on a daily basis. We have a hard time believing that the
Galans intend to carry out the"Pahoa Boutiques and Bungalows"project, seeing how that
they really don't currently take care of their property.
Also, we have concerns that the project, if it were to actually be built, would not have
enough parking. We have no desire to share our parking lot with another development
across the street. The Galans believe they have provided an adequate amount of parking
spaces, considering what is spelled out in the Zoning Code. But we contend that 18
parking spaces are not by any means adequate for a shopping center and hotel.
SCANNED •
Planning Dept. r
Exhibit 11 BY
0743 995
,t
We also have concerns that the proposed project does not include any off-street
unloading. How do the Galans plan on receiving goods? They are proposing a shopping
center and a resort, and we can't emphasize enough that we do not want our parking lot
used by them.
Quite honestly,we cannot imagine how a shopping center and hotel and 18 parking
spaces will fit on those two parcels that the Galans own. The plan just seems to be filled
with hopes and dreams and doesn't appear very realistic at all.
The Galans have shown no real interest in Pahoa and have had their property listed for
sale. Why are we to believe they intend to go through with Pahoa Boutiques and
Bungalows?
The Galans should sell their property has they have intended to do for some years now.
Let the person who buys the property come forward with a viable plan that is realistic and
will truly meet Pahoa's needs.A shopping center and resort with inadequate parking and
no off-street loading will not.
Please reject this application.
Mahalo.
ktf/lAti
Dennis Kitsman
General manager
2
Bill 209/Comm. 624
RGaIanREZ.doc-11/2/11
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
KAREN AND ADRIAN GALAN
CHANGE OF ZONE APPLICATION (REZ 11-145)
Upon careful review of the request against the guidelines for granting a change of zone,
the Planning Director is recommending that a favorable recommendation of the Change of
Zone request be forwarded to the County Council. Since this recommendation is made
without the benefit of public testimony,the Director reserves the right to modify and/or alter this
position based upon additional information presented at the public hearing. This favorable
recommendation is based on the following findings:
The applicants are requesting a Change of Zone from Single-Family Residential—
10,000 square feet(RS-10)to Village Commercial—7,500 square feet(CV-7.5) for
17,994 square feet of land in order to develop five detached 2-story structures,
approximately 960 square feet in size, for retail use"boutiques" and overnight visitor
accommodations "bungalows." Four of the five structures will consist of retail space on
the ground floor and a bedroom unit for overnight accommodations on the second floor.
The fifth structure will have a bedroom unit on both floors,with the ground floor unit
being constructed as an ADA-accessible unit for guests with disabilities. The applicants
anticipates the four retail boutiques will consist of an art gallery,clothing store,hair/nail
salon, and gift shop/office/laundry/lobby area for the overnight visitor accommodation
units,which will be available to rent on a daily or weekly basis,with no permanent
residents. The applicants do not intend to consolidate the parcels,thus the proposed
development will be constructed on both parcels as a single development. Three of the
structures would be constructed on parcel 8 and two structures on parcel 9. To support
the development the applicants will provide on-site parking, a sidewalk along Pahoa
Village Road, landscaping, wastewater systems, and a one-way U-shaped driveway along
the perimeter of the properties. Both the boutiques and the bungalows will be operated
by about one to two people each, as well as a part-time employee to help with the
maintenance and laundry for the bungalows. An existing dwelling and cesspool on parcel
9 will be demolished to accommodate the proposed development.
In order to consider an area for any type of zoning designation, the applicable
goals,policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must also be considered as they may have an impact on similar areas in the
County.
The change of zone request from an RS-10 to a CV-7.5 zoning district
conforms to applicable goals,policies and standards of the General Plan. The
subject property is located within Pahoa Town. Several of the surrounding properties
along Pahoa Village Road have been rezoned from residential to commercial zoning
districts since the Zoning Code was originally adopted in 1967. The adjacent property to
the west was rezoned from RS-10 to CV-10 in 2005 and is developed with a surfboard
shop. All of the nearby properties across Pahoa Village Road are currently zoned CV-10.
Land uses in the immediate area are mainly commercial and include a surfboard shop,
chiropractor's office, and Pahoa Cash and Carry store and parking lot. Thus, the
applicant's request is consistent with surrounding land uses and the Zoning Code, which
indicates the purpose of the Village Commercial zoning district is to provide a broad
range or variety of commercial and light industrial uses that are necessary to serve the
population in rural areas where the supplementary support of the general business uses
and activities of a central commercial district is not readily available.
The Land Use Pattern Allocation Guide(LUPAG)Map component of the General
Plan is a representation of the document's goals and policies to guide the coordinated
growth and development of the County. It reflects a graphic depiction of the physical
relationship among the various land uses. The request to change the zoning to a CV-7.5
district conforms to the LUPAG Map, which designates the property and the surrounding
area as Medium Density Urban. Such designation allows village and neighborhood
commercial uses and single-family and multiple-family residential uses and related
functions,up to 35 units per acre. The proposal for 6 lodging units on the subject
properties will have a density of approximately 5,000 square feet per unit, a far lower
density than the maximum density allowed by the Zoning Code or the General Plan. In
-2-
addition to being consistent with the LUPAG Map, the request would also support the
following goals and policies of the General Plan Land Use and Economic elements:
• Centralization of commercial activities in Pahoa Town,rather than along
the Pahoa Bypass, to serve the residents of Lower Puna shall be
encouraged.
• Encourage the concentration of commercial uses within and surrounding a
central core area.
• Require developers to provide basic infrastructure necessary for
development.
• Identify the needs of the business community and take actions that are
necessary to improve the business climate.
The request to change the zoning district from residential to commercial would be a more
appropriate land use pattern for the property as it will provide a place in Pahoa Town for
small businesses to be established. The Puna district has an abundance of land that is
developed or can be developed for residences but there is not enough commercial-zoned
land to provide goods and services to residents. Providing additional commercial-zoned
lands in Pahoa Town would reduce scattered commercial development outside of Pahoa
that is regularly permitted on agricultural lands by Special Permit.
The Puna Community Development Plan(PCDP)defines three types of
village/town centers (regional, community, and neighborhood)which differ in size and
range of uses according to their intended function. Village and town centers are expected
to include a mix of uses, including small-lot and higher density residential,retail and
office commercial, service-type light industrial,and public and quasi-public facilities,
such as schools, churches and parks. The subject property is located within the
boundaries of the Pahoa Regional Town Center which is meant to serve as the
commercial and civic center for lower Puna residents. In order to facilitate land use
entitlements and financing for the development of village/town centers, the PCDP
indicates that a plan for each regional town center should be prepared through an
inclusive community-based process. Funding is not currently available to prepare
regional town center plans for Kea'au and Pahoa. Although it would be preferable to
implement zoning changes after this plan is created, it is not a requirement of the PCDP
-3-
and zoning changes can be granted in the interim so long as the proposed zoning district
is consistent with the General Plan LUPAG Map. The applicant's request is consistent
with the General Plan LUPAG Map and would support the following Land Use objective
of the PCDP:
• Enhance the role of existing and new village/town centers by allowing
expanded commercial uses, facilitating the development of farmers
markets and community gathering places, opportunities for special needs
housing, and infrastructure to support more compact development form
and multi-modal travel.
Should the change of zone request be approved, the applicants propose to develop
retail and small-scale visitor accommodations on the property. Table 5-1 of the Puna
CDP identifies these land uses(i.e.retail and personal services and small inns) as typical
components of a Regional Town Center such as Pahoa. Based on the above findings,the
request will conform to the General Plan and Puna Community Development Plan.
All essential utilities and services are available to the site. Access to the
property is from Pahoa Village Road,which is a County roadway with a pavement width
of approximately 22 feet within a 30-foot wide right-of-way. The General Plan identifies
Pahoa Village Road as a collector street requiring a right-of-way width of 60 feet;
therefore a 15-foot wide future road widening strip along the property's Pahoa Village
Road frontage will be needed to eventually widen the road to 60 feet. In the past,the
Planning Department and County Council have not required future road widening strips
along Pahoa Village Road from landowners that have rezoned their properties to a
commercial zoning district. However,in 2008 the Puna Community Development Plan
was adopted,which recommends that village/town centers incorporate walking and
bicycle paths into the roadway network. In comments regarding this application,the
Department of Public Works recommends that the applicants install curb, gutter and
sidewalk along the property's Pahoa Village Road frontage. In order to provide these
multimodal facilities, additional right-of-way will be needed. Therefore, the Department
recommends that the future road widening strip and road frontage improvements be
required as a condition of approval for the change of zone.
-4-
The applicants are proposing a single development situated on two properties that
will be connected by a one-way U-shaped driveway around the perimeter of the
properties. A condition of approval is recommended to ensure that access between the
two properties via the one-way driveway is retained should the property's ownership
change in the future. The proposed development is not expected to generate more than
50 peak hour trips, which is the threshold for preparing a Traffic Impact Analysis
Report (TIAR) according to Hawai`i County Code Section 25-2-46 (Concurrency
Requirements). However, if in the future a different commercial use is developed on
the property that would generate 50 or more peak hour trips, a TIAR and any
recommended improvements should be required.
The project site has no severe geological or topographical problems which
cannot be properly rectified or which would render the land unusable. The property is
located in flood zone "X" which is an area determined by FEMA to be outside the 500-
year flood plain.
County water is available from an existing 8-inch waterline within Pahoa Village
Road fronting the property. Parcel 9 is currently served by a 5/8-inch meter and parcel 8
has a 1-inch service lateral available that is capable of accommodating a 5/8-inch meter.
Current water conditions in the area allow for a maximum of 14 units of water at 400
gallons per day per unit, per pre-existing lot of record. Therefore, ample County water
can be provided to the property for the proposed development. However, the 8-inch
waterline fronting the property is not capable of providing the required pressure of 2,000
gallons per minute of water flow for fire protection for commercial land uses. The
Department of Water Supply recommends that the applicants consult the Fire Department
to determine fire protection requirements or alternatives. Conditions of approval will be
included to address the Department of Water Supply's requirements for providing water
to the site for the proposed development.
The applicants propose to demolish the existing cesspool on the property that is
currently servicing the dwelling. Wastewater generated by the proposed development
will be disposed of by individual wastewater systems meeting the requirements of the
Department of Health. There are no municipal waste collection services in the County.
Therefore, all solid waste generated by development of the property will require private
-5-
disposal at the Pahoa transfer station or Hilo landfill. Electrical and telephone services
are available to the property. Police and fire services are available nearby in Pahoa and
medical services are available in Pahoa and Hilo.
This favorable recommendation is made with the understanding that the
applicants remain responsible for complying with all other applicable governmental
requirements in connection with uses permitted within the Village Commercial zoning
district,prior to its commencement or establishment upon the subject property.
Additional governmental requirements may include the issuance of building permits,the
installation of approved wastewater disposal systems, compliance with the Fire Code,
installation of improvements required by the American with Disabilities Act(ADA),
among many others. Compliance with all applicable governmental requirements is a
condition of this favorable recommendation; failure to comply with such requirements
will be considered a violation that may result in enforcement action by the Planning
Department and/or the affected agencies.
Based on the above findings, the request to rezone the property from a Single-
Family Residential - 10,000 square feet(RS-10)to Village Commercial—7,500 square
feet(CV-7.5)zoned district would result in an appropriate land use pattern that would
further benefit the general public.
The accompanying draft bill to amend Section 25-8-26(Pahoa Zone Map),Article 8,
Chapter 25 (Zoning Code)of the Hawai`i County Code, is provided for your favorable
consideration. Please note the proposed conditions of approval attached to the draft bill.
-6-
(.....` cs.COUNTY OF HAWAII : " /..: STATE OF HAWAII
.
BILL NO.
ORDINANCE NO.
CelAy‘v\■v\n -bee-)
AN ORDINANCE AMENDING SECTION 25-8-26 (PAHOA ZONE MAP), ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY
RESIDENTIAL— 10,000 SQUARE FEET(RS-10) TO VILLAGE COMMERCIAL—7,500
SQUARE FEET(CV-7.5)AT PAHOA, PUNA DISTRICT, HAWAII, COVERED BY TAX
MAP KEY: 1-5-011:008 AND 009.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-26, Article 8, Chapter 25 (Zoning Code) of the Hawai`i
County Code 1983 (2005 Edition), is amended to change the district classification of property
described hereinafter as follows:
The district classification of the following area situated at Pahoa,Puna District,
Hawai`i, shall be Village Commercial—7,500 square feet(CV-7.5):
Beginning at the Southeast corner of this piece of land,being on the north side of
Government Main Road, the coordinates of said point of beginning referred to
Government Survey Triangulation Station"VILLAGE FLAG"being 1,253.21 feet South
and 1,775.83 feet East, and running by azimuths measured clockwise from true South:
1. 109° 20' 51.00 feet along the north side of Government
Main Road;
2. 207° 42' 30" 195.00 feet along Lot 9;
3. 304° 58' 102.00 feet along Lot 34 and Lot 35-A;
4. 28° 26' 30" 106.72 feet along Lot 6;
5. 114° 30' 3.50 feet along Lot 6;
6. 24° 35' 58.10 feet along Lot 6;
-1-
7. 106° 27' 50.00 feet along the north side of Government
Main Road to the point of beginning
and containing an area of 17,995
square feet,more or less.
All as shown on the map attached hereto,marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2005
Edition), the County Council finds the following conditions are:
Necessary to prevent circumstances which may be adverse to the public health, safety
and welfare; or
(1) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
SEE ATTACHED CONDITIONS
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
-2-
m irlly 0 0QQ O A-la
Qo�
R5-10
LOT 8(1.5-011:009)
1 de 10 SINGLE FAMILY RESIDENTIAL-10,000 SOFT(RS-10)
TO VILLAGE COMMERICAL-7,500 SQFT(CV-7.5)
9,555 SOFT OF 17,995 SOFT TOTAL
':-10 'r RS 10
:-10
10
10
CV-10 'f:-10
-5-10 CV 10
P4 0 •
,Oh. rvi-,
10 �� CV-10
VW" AV t ` R5-10
\
1,253.21'5 `i / 0 0v_- \
1,775.83' �. 10
10
RS-15 R5 15 VILLAGE FLAG"
CV ■ CV-10
D
illir \
LOT 7(1.5-011:008)
SINGLE FAMILY RESIDENTIAL-10,000 SOFT(RS-10)
TO VILLAGE COMMERICAL-7,500 SOFT(CV-7.5) 10
x/_10
8,440 SOFT OF 17,995 SOFT TOTAL 10
A 1a \ R 10 <v
cy
■
7
\ m
N A-la N
A \ RS-10 --
t
\\ CV 10
r
Feet
0 125 250 500 750 1,000
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-26 (PAHOA ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
SINGLE-FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS-10) TO
VILLAGE COMMERCIAL - 7,500 SQUARE FEET (CV-7.5)
AT PAHOA, PUNA DISTRICT, HAWAII.
MAP PREPARED BY:
COUNTY OF HAWAII, PLANNING DEPARTMENT
TMK:1-5-011:008&009 DATE:APR.11,2011
EXHIBIT "A" Karen&Adrian Galan
Map 1308
CGaIanREZ.doc-11/2/11
KAREN AND ADRIAN GALAN
CHANGE OF ZONE APPLICATION (REZ 11-145)
CONDITIONS OF APPROVAL
A. The applicants, successors or assigns shall be responsible for complying with all of the
stated conditions of approval.
B. Construction of the proposed development shall be completed within five (5)years from
the effective date of this ordinance. Prior to construction,the applicants, successors or
assigns shall secure Final Plan Approval for the proposed development from the Planning
Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawai`i County
Code. Plans shall identify all existing and/or proposed structures,paved driveway access
and parking stalls associated with the proposed development. Landscaping shall be
indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to
adjacent properties in accordance with the requirements of Planning Department's Rule
No. 17 (Landscaping Requirements) and Chapter 25 (Zoning Code), Hawai`i County
Code.
C. Prior to the issuance of a water commitment by the Department of Water Supply, the
applicants shall submit the anticipated maximum daily water usage calculations prepared
by a professional engineer licensed in the State of Hawaii, and a water commitment
deposit in accordance with the"Water Commitment Guidelines Policy"to the
Department of Water Supply prior to the issuance of Final Plan Approval.
D. The applicants shall install a reduced pressure type backflow prevention assembly within
five(5) feet of the existing water meter and any additional water meters on private
property,which must be inspected and approved by the Department of Water Supply.
Installation of the backflow prevention assembly and relocation and adjustment of the
Department of Water Supply's water system facilities, should they be necessary, shall
take into consideration the future road widening strip along Pahoa Village Road.
E. The applicants, successors, or assigns shall implement any improvements required by the
Fire Department and/or Department of Water Supply to ensure that fire protection
requirements can be met for commercial zoning.
F. Should the applicants, successors or assigns develop a land use which the Planning
Department, in consultation with the Department of Public Works, determines will
generate over 50 peak hour trips, a Traffic Impact Analysis Report(TIAR) shall be
submitted for review and approval by the Department of Public Works prior to Final Plan
Approval. The applicants shall implement,when required by the Department of Public
Works, at no cost to the County, any transportation system improvements to Pahoa
Village Road that may be deemed necessary by the Department of Public Works.
G. A fifteen(15) foot wide future road widening strip along the property's Pahoa Village
Road frontage shall be subdivided and dedicated, at no cost to the County,prior to the
issuance of Final Plan Approval for any commercial use on the subject property. The
applicants shall provide improvements to the property's frontage along Pahoa Village
Road consisting of,but not limited to,pavement widening with concrete curb, gutter and
sidewalk, drainage improvements and any required utility relocation, meeting the
requirements of the Americans with Disabilities Act and the approval of the Department
of Public Works. The improvements shall be located within the future road widening
strip. These improvements shall be completed prior to issuance of a Certificate of
Occupancy for any commercial use or when required by the Department of Public Works,
whichever occurs first.
H. Prior to the issuance of Final Plan Approval,the applicants shall establish cross access
easements on the subject properties(TMK 1-5-011: 008 and 009)for the purpose of
providing internal traffic circulation between the two properties.
Driveway connection(s)to the Pahoa Village Road shall conform to Chapter 22, Streets
and Sidewalks, of the Hawai`i County Code.
J. The method of sewage disposal shall meet with the requirements of the Department of
Health.
K. All development-generated runoff shall be disposed of on-site and shall not be directed
toward any adjacent properties.
L. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control,
of the Hawaii County Code.
-2-
M. Should any remains of historic sites, such as rock walls,terraces,platforms,marine shell
concentrations or human burials be encountered,work in the immediate area shall cease
and the Department of Land and Natural Resources—State Historic Preservation Division
(DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an
archaeological clearance from the DLNR-SHPD when it finds that sufficient mitigation
measures have been taken.
N. If the applicants, successors, or assigns develop residential units on the subject property,
the applicants, successors or assigns shall make its fair share contribution to mitigate the
potential regional impacts of the development with respect to parks and recreation, fire,
police, solid waste disposal facilities and roads. The fair share contribution shall become
due and payable prior to receipt of Final Plan Approval. The fair share contribution for
each lot shall be based on the actual number of residential units developed. The fair share
contribution in a form of cash, land, facilities or any combination thereof shall be
determined by the County Council. The fair share contribution may be adjusted annually
beginning three years after the effective date of this ordinance,based on the percentage
change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall
have a maximum combined value of$7,903.35 per multiple family residential unit
($12,316.47 per single family residential unit). The total amount shall be determined by
the actual number of units according to the calculation and payment provisions set forth
in this condition. The fair share contribution per multiple family residential unit(single
family residential units) shall be allocated as follows:
$3,898.50 per multiple family residential unit($5,939.22 per single family
residential unit)to the County to support park and recreational improvements and
facilities;
$123.21 per multiple family residential unit($286.51 per single family residential
unit) to the County to support police facilities;
$379.01 per multiple family residential unit($565.89 per single family residential
unit) to the County to support fire facilities;
$168.93 per multiple family residential unit($247.75 per single family residential
unit) to the County to support solid waste facilities; and
-3-
$3,333.69 per multiple family residential unit($5,277.10 per single family
residential unit)to the County to support road and traffic improvements.
In lieu of paying the fair share contribution,the applicants, successors or assigns
may contribute land and/or construct improvements/facilities related to parks and
recreation, fire,police, solid waste disposal facilities and roads within the region
impacted by the proposed development, subject to the review and
recommendation of the Planning Director,upon consultation with the appropriate
agencies and approval of the County Council.
O. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for
imposition of exactions or the assessment of impact fees, conditions included herein shall
be credited towards the requirements of the Unified Impact Fees Ordinance.
P. To ensure that the goals and policies of the Housing Element of the General Plan are
implemented, the applicants shall comply with the requirements of Chapter 11,Article 1,
Hawai`i County Code relating to the Affordable Housing Policy. This requirement shall
be approved by the Administrator of the Office of Housing and Community Development
prior to Final Plan Approval.
Q. The applicants, successors or assigns shall comply with all applicable County, State and
Federal laws,rules,regulations and requirements.
R. An initial extension of time for the performance of conditions within the ordinance may
be granted by the Planning Director upon the following circumstances:
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicants, successors or assigns,
and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
-4-
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance(i.e., a condition to be performed within
one year may be extended for up to one additional year).
5. If the applicants should require an additional extension of time, the
•
Planning Director shall submit the applicant's request to the County
Council for appropriate action.
Should any of the conditions not be met or substantially complied with in a timely fashion, the
Planning Director may initiate rezoning of the subject area to its original or more appropriate
designation.
-5-
Bill 209/Comm. 624
PLANNING COMMISSION
COUNTY OF HAWAII
HEARING TRANSCRIPT
FEBRUARY 2, 2012
A regularly advertised hearing on the application of KAREN AND ADRIAN GALAN (REZ 11-145)
was called to order at 10:10 a.m. in the County of Hawai`i, Aupuni Center Conference Room,
101 Pauahi Street, Hilo, Hawai`i, with Chairman Zendo Kern presiding.
COMMISSIONERS PRESENT: Zendo Kern, Dean Au, Takashi Domingo, Wallace Ishibashi, and
Raylene Moses
STAFF PRESENT: Ivan Torigoe (Deputy Corporation Counsel), B. J. Leithead Todd (Planning
Director), Daryn Arai (Planning Program Manager), Phyllis Fujimoto (Staff Planner), Maija Cottle
(Staff Planner), Jeff Darrow (Staff Planner), Kelly Gomes (representing Chief Engineer from 9:36
a.m.), and Sharon Nomura(Secretary)
And 8 people from the public in attendance.
ABSENT & EXCUSED: Stephen Ono
APPLICANTS: KAREN AND ADRIAN GALAN (REZ 11-145)
Application for a Change of Zone from Single-Family Residential— 10,000 square feet
(RS-10) to Village Commercial—7,500 square feet(CV-7.5) for approximately 17,994 square feet of
land. The subject properties are located on the north side of Pahoa Village Road, across from the
Pahoa Cash& Carry Store employee's parking lot at Nanawale Homesteads, Pahoa, Puna, Hawaii,
TMKERN: 1-5-011:008 & 009.
KERN: Application No. 5, Karen and Adrian Galan(REZ 11-145), Application for a Change of Zone
from Single-Family Residential— 10,000 square feet to Village Commercial—7,500 square feet on
TMK: 1-5-011:008 &009. Before we actually do staff presentation, as I've stated previously I'm
recusing myself just so I don't even have the appearance of any impropriety, I'm continuing to do that.
But what I would like to do is give the applicant the option to either allow me to still continue to chair
the meeting or to step out. And it will be your guys's choice. So I can either facilitate it- I won't be
involved in any discussion, anything like that, I'll just be facilitating- or I can step to the side and the
Vice Chair can chair. Everyone, okay?
APPLICANTS: Okay.
KERN: Okay, thanks. Okay, very good. Then with that, staff's presentation.
COTTLE: Thank you, Mr. Chair. This application is a continuation from I think our previous two
hearings. So it was deferred. And the applicants are Karen and Adrian Galan. They're requesting a
change of zone. The subject property is located in the Puna district in Pahoa Village. And the
1
properties, there are actually two lots. They're shown here in the black outline. You can see Pahoa
Village Road running through the middle of the slide. And then you have the Pahoa Bypass off to the
east side of the slide, and Post Office Road up at the top of the slide here. The properties are currently
zoned Single Family Residential - 10,000 square feet, which is shown in the yellow. And then
surrounding properties are zoned Village Commercial - 10,000 square feet, which is shown in the light
pink.
This is the General Plan LUPAG Map for the area. You can see the properties are located in an area
designated Medium Density Urban, which is shown in the orange. And then just east, northeast of
town is Low Density Urban, as shown in the yellow. This is a map of the Puna CDP for Pahoa
Village. It's a little hard to see but the subject property is located right around in this area here. And
you can see it's in the middle of the village. The dashed dotted line here is the boundary of the
regional town center for Pahoa.
And this is an aerial photo of the village. Again, the properties are outlined in red. There is an existing
house on one of the lots and then the other lot is vacant. Just to give you some orientation here, this is
the Pahoa Cash& Carry. And this structure here is the 7-Eleven in Pahoa.
The applicants are requesting a change of zone from Single Family Residential— 10,000 square feet to
Village Commercial—7,500 square feet. They are requesting the change of zone in order to develop
five detached two-story structures. They're going to be approximately 960 square feet in size. And
they'll be used for retail and overnight accommodations.
This is the applicant's conceptual site plan. Again, you have the Pahoa Village Road on the bottom of
the slide. They're proposing a circular driveway, one way in, one way out. And then you can see the
five proposed structures in the middle of the property, as well as parking in the back and on the side.
These are their proposed floor plans. This is one of the boutiques which would be the retail area on the
bottom floor. And then the upper level would be overnight accommodation bungalows.
And this is the view of the property looking from the Pahoa Cash & Carry parking lot across the street
to the existing structure. That structure would obviously be demolished to accommodate the proposed
project. This is a view of Pahoa Village Road looking north. You can see the existing structure on the
right-hand side of the slide. And this is a view looking southeast. Again, this is the existing structure
on the left-hand side of the slide.
The Director is recommending that the Commission forward a favorable recommendation for this
change of zone. And we have received four new letters of testimony since the last hearing. One of
them was submitted by Jennifer Bernard and Scott Wright; and you also have another one from
Mainstreet Pahoa Association dated January 24th; and today you should have received a letter from
Sandra Song, as well as a letter from Lori Mikkelson who is the applicant's representative. Are there
any questions?
KERN: Are there any questions for staff? Seeing none, thank you, Maija.
COTTLE: You're welcome.
2
KERN: Can I get the applicant and their representative to come forward and/or. Good morning.
MIKKELSON: Good morning.
KERN: And whoever will be speaking I'll just get you raise your right hand this morning. Do you
swear to tell the truth today before the Windward Planning Commission?
MIKKELSON: I do.
KERN: Okay. And you're the applicant so you may begin, or representative.
MIKKELSON: Okay. My name is Lori Mikkelson. I represent the Galans on this project. My office
is located here in Hilo on Kilauea Avenue. I did submit to you guys a letter that-. I received a letter
from the Pahoa Mainstreet, Mainstreet Pahoa Association on Friday. It was late in the day. I didn't
have time to get a letter back out so I'm going to incorporate the letter into my testimony this morning.
To Whom It May Concern: This is in regards and response to a letter from Mainstreet Pahoa
Association, dated January 24, 2012. The second paragraph of the letter: We asked the Galans to
come to a Mainstreet Pahoa Association board meeting to give us a presentation on their proposed
Pahoa Boutiques and Bungalows, and their planning consultant wrote us back personally to decline our
invitation."
To date, neither the Galans nor All Aina Services, or myself, have ever received such an invitation. As
my client's representative, I ALWAYS do my best to respond to the concerns and requests of the
community.
I have responded to all of the letters from Mainstreet Pahoa Association, as well as Ms. Hunt's
personal letters, that have been provided as testimony to the Planning Department. I have always
included not only a response to the community,but copied the Planning Department as well.
After reviewing the letter from Pahoa Mainstreet Association, dated October 10, 2011 in which among
other things it was requested that"the Planning Commission table the matter until the Galans had made
a presentation to the Pahoa Mainstreet Association,"that statement was followed by, "We also seek a
delay to allow Pahoa Mainstreet Association time to prepare legislation to establish an Old Pahoa
Design District."
This statement could hardly be considered an invitation.
Our response, dated October 18, 2011, regarding Pahoa Mainstreet Associations concerns:
"Any suggestions that Mainstreet Pahoa Association may have would be appreciated. However, as
there are no covenants or restrictions as to the design or development along Pahoa Village Road, it
seems unnecessary to delay this application. A delay would also be a hardship to the applicants who
have invested money and time into the proposed development to satisfy the requirements of the
rezoning process, looking forward to the future and completing their plans.
3
As presented within the application, the"old plantation"design of this project is meant to enhance the
"old fashioned" charm of Pahoa.
And Ms. Hunt's letter, dated October 19, 2011, which was full of accusations and nothing but
negativity regarding the Galan's application, I realized that she"cc'd" Councilman Blass. So, to
follow up as a courtesy, I sent him a long response to clarify the intentions of the application.
Please note that the letter dated January 24, 2012, Mayor Kenoi was "cc'd" as well. I will follow up
with a letter in response to the Mayor.
All other issues and concerns of the various agencies have been answered and addressed. There have
been numerous letters of support from the community. And the application has received a"favorable
recommendation" from the Planning Director."
I would have, would like to have a dated copy of the letter when Pahoa Mainstreet Association made
the invitation to the Galans to make the"presentation". I would certainly like a copy of the letter
where I "wrote back personally to decline"the invitation. No such response was ever made.
It is reprehensible for a"community leader"to be so unscrupulous as to submit statements and
comments to the Planning Department and Planning Commission in hopes of negatively swaying any
application.
Thank you, as always, for your profession standards and acceptance of our, assistance with the
applications.
Then I have a little bit more to say. Again, thank you for your patience for all of this. It's so long in
the works that there's a lot to say. I would like to thank the Commission for helping us today by
providing the quorum. But before we go further I would like to thank the Planning Department for
their continued professionalism and assistance. This project has been gone over so thoroughly, and not
only by planners in the Planning Department but other agencies, State Department of Health. There
are no concerns brought forth by any agency that couldn't have been answered with a simple response.
As mentioned, the proposed zoning has received a recommendation, a favorable recommendation from
the Planning Director. The Galans have been actively seeking funding for the proposed project. And
other than the worrisome delays the funding is not going to be a problem. They see this project as an
opportunity to create an important hub in the community, as well as consider this a part of their future
retirement plan.
There has been ongoing opposition to the proposed project and requested rezoning, basically from the
same entities and individuals. However, it is important to note that there have been more enthusiastic
letters of support than opposition. With every rezoning typically there is a list of conditions that must
be agreed upon and met within a prescribed amount of time. As this is not the only rezoning on Pahoa
Village Road, the list of conditions has also been assigned to the other parcels. While the Galans are
willing to agree to the conditions of their rezoning, they are requesting that the conditions be consistent
with the previous agreements on the nearby parcels.
4
And although Pahoa Mainstreet Association has chosen to support businesses whose, and their owners,
who operate illegally in structures without proper permits with illegal wastewater systems and
noncompliance with the conditions of their rezonings, at this time, the Galans would be pleased and
more than welcome the support of the Association and their, for their proposed project. So that's what
I have to say this morning.
KERN: Okay. And you have received the Planning Director's background report and
recommendations?
MIKKELSON: I have.
KERN: And you have any other comments you'd like to make at this time?
MIKKELSON: Not at this time. Thank you.
KERN: Okay. Are there any, do you have -. So you're done as far as -?
MIKKELSON: Yes.
KERN: Okay. Any questions for the applicant or representative? So I've just been notified that
you're receiving the letter for the first time. And what we're going to do is we're going to have any
questions, you can answer the questions. Then we're going to receive public testimony. And after
that's pau if you'd like to you can come back up and speak to that letter.
MIKKELSON: Thank you.
KERN: Commissioner Au?
AU: Thank you, Mr. Chair. Question for the applicant. Your proposed five buildings that you're
going to build,how far along in that process are you? I mean you obviously drew up preliminary
plans. Have you got numbers, you know,how much do you think your project is going to cost?
Material list, have you called any contractors? I mean how far have you gotten? Just to this or did you
go farther?
MIKKELSON: We've spoken to contractors. We decided to wait and see, sort of a wait-and-see- this
has been such a long ongoing process—to see where we would stand. It is conceptual. When this goes
forward to plan approval status then, you know, we will readdress it to make sure that it meets all the
requirements. However, during the process of responding to the Fire Department, and the regular
agencies, we have met -.
GALAN: I`ve contacted, I've contacted excavators and contractors.
KERN: Just one minute. Could you raise your right hand.
GALAN: Oh, so sorry.
5
KERN: Do you swear to tell the truth today before the Windward Planning Commission?
GALAN: Yes.
KERN: Okay. And could you use your microphone and give us your name and address or area you
represent.
GALAN: Okay, Karen Galan. And the response to your question is I have contacted Earth Carvers of
Hawaii, and I do have a couple of contractors that I've been contacting. And, you know, I'm not doing
the material list or anything because I'm still kind of waiting to get rezoned. I'm having a lot of
opposition. It has been a year. And actually I've been here a couple of times, and there's not even
enough people to vote. So it has been frustrating. And I really do believe that it's going to enhance
Pahoa town because it is going to be something brand new, it's five new buildings. It's going to be
like very nice, lush landscaping with, you know, hapu`u and orchids,bird of paradise. It's going to be
a very, I think it will really enhance downtown Pahoa. It's going to have like little, four little shops
downstairs. There's five bungalows, or a little bit, actually it's five but one is going to be for
residential. I'll have somebody, a manager on the site all the time. So somebody will live there all the
time. And then underneath there will be a handicapped place, and then there's four little shops, and
then four, upstairs will be four, like little hotel rooms for people to stay. And I think it will be, really
enhance the downtown area.
KERN: Commissioner Au.
AU: Do you live on the property?
GALAN: No.
AU: Have you lived on the property in the past?
GALAN: Me and my husband, we, we took six months and we fixed up the property and helped clean,
I mean, you know, started cleaning up the—. When we first bought the place, we were there from like
July all, every weekend, all the way till January 1St fixing the house and doing, you know, it was kind
of in bad shape. So, and then we got Earth Carvers who came out and bulldozed everything, leveled
off the property-- it's all nice and leveled-- and took down trees and hauled away like three dumpsters
of trash out of there and everything. So it's pretty nice. It's all ready to go actually. Well, it's going
to have to be ripped up again but it's good to go.
KERN: Thank you. Any other questions? Commissioner Domingo.
DOMINGO: I understand you have an existing structure on the property.
GALAN: Yes. And that has been, that is true, and it'll have to be taken down.
DOMINGO: I see.
6
GALAN: Yes. And then lot of, lot of, I guess, something for wastewater that has to be, and also taken
away the septic system and everything out of there, but, yeah.
MIKKELSON: May I add something. The existing structure is within the property setbacks on the
side and in the front; and it would be such that it would be difficult to bring it up to the commercial
code to utilize that structure. So we would probably make a plan with a demolition permit to remove
the structure and recycle as much as possible, obviously.
KERN: Any other questions for the applicant or representative? Seeing none, you may have a seat.
Thank you. Public testimony, we have three people signed up to testify. I'll call all three of you up.
Sandra Song, Tiffany Hunt and Mark Hinshaw, will you all please come forward. And I'll get to raise
your right hand. You don't have to -. If you want to testify, you're more than welcome. Do you all
swear to tell the truth today before the Windward Planning Commission?
TESTIFIERS: I do.
KERN: Okay. So we'll start with Ms. Song.
SONG: Okay, thank you Mr. Chairman and Members of the Commission. Because I testified before,
I'm not generally anti-development. It just happens that I'm here for another application. I did submit
written testimony. I'm not going to read it. But I will just go through some points. First of all, the
Planning Director has recommended approval of this application on two bases. One, that it is
consistent with the General Plan and, two, that all essential utilities and services are available. But
that's not the complete standard under the Zoning Code for approving the amendments; and that's not
the standard. Because Section 25-2-40 of the Code says this chapter shall be amended, one, if it's
consistent with the General Plan. But it says "and whenever the public necessity and convenience and
the general welfare requires such an amendment." Now that condition, which is in addition to the
General Plan, was not addressed in the Planning Department's recommendation.
Now I'm here representing Jeff Hunt and Jeff Hunt's Surfboards. Jeff Hunt is the property owner
that's next door to this property. And Mr. Hunt has several concerns that, we submit, affect the general
welfare which lend this application in doubt. One, and there's parking, there's traffic impacts, and
there's fire, issues on fire protection.
On parking the applicant is proposing 18 parking spaces which they say exceed the Zoning Code, and
it does exceed the Zoning Code. However, the Zoning Code requirements for parking are
compromised of what property already zoned should have for parking. That doesn't mean in a change
of zone that that is a sufficient parking. In this particular project as proposed with five buildings and
residential, taking just what the applicant says, if there's going to be two employees for each of the
commercial spaces, I'd say that's two parking places. Okay, and then each of the commercial units, I
mean the resort units, overnight accommodations would have 1. That totals, when you add that up
that's 14 spaces taken up by employee parking and the overnight units. That leaves four parking
spaces for all people coming to the retail use. Now I submit to you, is that reasonable? No. And why
isn't it reasonable? For example, if we look at the intersection of Lanikaula and Kilauea where
Subway Restaurant is and all those restaurants are, that area meets the Zoning Code; and that area is a
bottleneck with parking when people come to those restaurants. So I'm saying, I submit to you that if
7
this project goes through it needs more parking or it needs to be redesigned so there is more parking.
And this Commission can do that if it's going to approve it. There is nothing to stop this Commission
and the Council from saying there has to be more parking.
The second concern is traffic impacts. There was no traffic impact assessment report in this
application, TIAR, because they said there will be less than 50 peak hour trips generated. All right,
now because of the resort stay and the employees, we know that in and out makes at least 28 trips. So
my question to you is are there going to be 11 patrons only for the four establishments each day? Now
I'm not a traffic engineer but what I'm just saying is counting the numbers I can see more than 50 trips
in this property in and out. This Commission should have had a traffic impact statement, traffic impact
assessment submitted with this application to see what kinds of improvements are needed. Is there a
pocket that's needed, is there a stop sign that's needed, is there a traffic light that's needed? You don't
know so you can't make an intelligent decision. And when you do know you impose conditions.
Okay, the third thing is water pressure. The Department of Water Supply said in its comments that the
fire flow pressure, the pressure presently through the 8"inch line is 1,565 gallons a day of, permitted
of water through the 8-inch waterline. They say the minimum flow for firefighting purposes is 2,000
gallons. All right, the applicant has not provided a solution to you. And just imposing a condition the
applicant shall work it out with the Fire Department, that's not acceptable. How can you say that the
general welfare supports this amendment? You don't know that there will be adequate fire protection
for this project. My client has a real concern. My client doesn't want to see fire started next door and
his property burned.
The final thing like, I want to raise is is this really going to be developed as proposed? And in my
written testimony I've submitted the MLS listing that was effective as of November 30th. And this is a
listing for this property which was posted back in March. And it says, and in it says in the comments
"Great opportunity to start your business in the heart of Pahoa town. The seller is currently going
through the rezoning process and expects rezoning to be within the next six months from March 10th of
2011." Now maybe as of today the owner suddenly changed her mind,but as of November 30th she
had this property listed for sale and she's representing to you she's going to do this project. Is she
really going to do it or is it going to be resold? Once you rezone this property there's 48 permitted
types, categories of uses in the CV district; and this property could be rezoned, used for anything.
Years ago zoning ordinances said the property must be developed in accordance with the
representations of the applicant, which means you have to do that project. That's not in your
conditions any more. So basically when you allow rezoning anything goes, unless you would restrict it
that way.
So those are all the comments I have. And,based on that,my client is opposing this change of zone.
KERN: Any questions from Ms. Hunt, Ms. Song, I'm sorry. Any questions for Ms. Song?
Commissioner Domingo.
DOMINGO: You bring up some good points. And I can think of, looking back into history, some of
the issues which we've addressed in the past with regards to performance of a rezoning and the
intended use of the property. I'm not sure but we used to say the applicant or assign should conform
with the provisions of the, of the ordinance; otherwise, it could be reverted to its original use.
8
Water pressure, if they're going to be, this is something like"iffy"because if they're going to be
working with the Water Depai tnuent and they are unable to comply with the requirement that they
impose, then certainly they would not be able to further develop that or use that parcel for its intended
use. So I think I can say that there's some degree of comfortableness in which I can accept this. But
what really bothers me is if their intention is to sell the property; and that has been a bone of contention
for a long time with me personally. When someone comes to me with a statement and a commitment I
would expect that to be met. Now finding out that it was all done just so that it can, that party could
acquire something, a permit or some degree of consideration and then not really meaning what they'll
perform, then I have strong issues with that. So right now, Mr. Chairman, that's my feeling towards
the application and to what Ms. Song just mentioned.
KERN: Okay. Thank you, Commissioner Domingo. Are there any other questions for Ms. Song?
Seeing none, thank you. Tiffany Hunt, give us your name and area you represent, then you may begin.
HUNT: Good morning. My name is Tiffany Edwards Hunt and I represent Mainstreet Pahoa
Association today; and I think it also should be noted that I'm the wife of Jeff Hunt. And Jeff Hunt's
Surfboards is a single member LLC, so technically Sandra has represented Jeff Hunt.
So I just want to kind of want to step away from a personal offense by some of the statements that
were made by the planning consultant representing the applicant on our business,because I feel like
there were some allegations made about our own application, rezoning. And I just want to assure the
Commissioners that my husband has been nothing by earnest in efforts to run Jeff Hunt's Surboards in
Pahoa.
Now as far as Mainstreet Pahoa Association, it has been clear since the beginning when this rezoning
application was taken up by the Planning Commission that there was some concern. And we have
shown, Mainstreet Pahoa Association has shown nothing but openness in asking you people to come
and give a presentation; and Mark can attest to that. Mark,he is one of the Board of Directors of
Mainstreet Pahoa. And there would be more people from Pahoa here if people didn't have to work and
run a business. So some letters that you've received—Pahoa Cash& Carry, Island Natural which is
right next to or behind this property. And they, everyone has spoken about it at Mainstreet Pahoa
Association meetings; and we've crafted letters. Because I'm the president of Mainstreet Pahoa
Association, I recognize that I'm part of a body. And so we've crafted letters that have shown that we
are receptive to development in Pahoa. It needs to be very conscious because this property is located
in the heart of Pahoa. It is across the street from the 80-year old Pahoa Cash& Carry. Across the
street from Jeff Hunt's Surfboard lives Mrs. Kajiyama. She is an 80-year old woman who has refused
offers from me to get a ride to your meetings because she caretakes for her 87-year old husband. So
you have to put it into context, yes, this is Medium Density Urban,but it's also the last bastion of
Pahoa that is still really raw and authentic and has the hapu`u and the anthuriums. That's what we
have in our backyard in, at Jeff Hunt's Surfboards. So that's where the cesspool is located. That's the
history of Pahoa. It is the, if you look at that stretch of Pahoa it needs to be preserved, it needs to be
carefully developed. So that's what I'm advocating for. And that, when I take my time to go sit on an
organization like Mainstreet Pahoa Association as one of the business owners, I'm looking out for
Pahoa in that respect. So I'm saying on behalf of Mainstreet Pahoa, we, if anybody proposes to have a
9
development in Pahoa we want to work with them. And that is what we've, the message has been
conveyed.
So when you look at this application for the Galans the point is, yes, it is about parking, it's about the
impracticality of a u-shaped one-way traffic pattern with 18 parking spaces, multiple bungalows, retail
space, hotel/resort type atmosphere above the retail space. Yes, in a perfect setting that would be
wonderful. But is it going to work for Pahoa right now?
We have so many struggles right now. We have a lack of police presence. Mrs. Kajiyama is going to
have to walk through some dereliction and drug dealing that goes on in this heart of Pahoa. So what
happens now with Mrs. Galan's property is that she is not there and she's currently not renting it out.
And so what you have are you have the street people who come, and they hide out in the carport and
on the back stoop, and they do their thing in her property. And it is up to me as the property owner
who sees it through the back window of our property to call the police. I have, you can, as part of my
testimony, you could go to the police and you could find out how many calls for service Jeff Hunt's
Surfboard and Tiffany Edwards Hunt has had for that property, trying to deal with the dereliction over
there. So to propose more bungalows and more little places and spaces to hide out that are neighboring
my property, our property, there is a concern. And then step away from my property and look at
Pahoa, there is a concern. We need to have the stakeholders of Pahoa working with the different
merchants and the people that are trying to do what they are pitching in this proposal, you see. I want
to make sure that Pahoa is safe when I drive away, and that my property is in, it is protected not only
from the dereliction, but also from people who are with not the right intentions for Pahoa.
This property since the Galans, you asked her how long she has lived there. And the response was, oh,
when they bought it way back when they spent a little time there staying at the place trying to fix it up.
And then you didn't, it was kind of illusive. Like did she ever live there? No. She doesn't live there.
She lives on the other side of the island. There's no stake in Pahoa. If you look at the MLS Listing, it
has been for sale more than it has been not. Okay? And it has fluctuated with the times, the cost of the
property. Now it's for sale for$200,000, plus the adjacent property$50,000. Jeff Hunt's Surboards
first got involved with this because it was proposed to be sold to a competitor. So that is even how I
started looking at it. My child was two weeks old. If you look at my child right now, my child is
almost one year. That's how long we've been involved with this. So it's all with the intention of
trying to protect Pahoa, avoid speculation. And then on a practical sense it's saying, yes, we need to
have that area developed.
If Mrs. Galan doesn't want to do the development, sell it, stop trying to go for the highest figure that
she can get, wanting to sell the neighboring parcel with the parcel and just sell it to someone who
genuinely wants to develop. Let that person put in the rezoning application, and then we can work on
the conditions for how to meet the flood concerns, the traffic concerns, all the myriad of concerns.
Because this is right in the middle of Pahoa, right across the street from Mrs. Kajiyama and right
across the street from an 80-year old business. Even just the idea of demolishing this building, that's
going to take some consciousness. And, yeah, it is legal to rezone for speculation gain, but that
technically is what's wrong with Hawai`i right now. It is people who have no intention of doing
something, and just because of the letter of the law they can do it, and because the General Plan says
you can do it, doing it. So I'm sure you've heard enough. I've come here and spoken. And also I just
want to say I'd love to see the testimony in support because my understanding is that the merchants
10
and Mainstreet Pahoa, we have concerns. And we'd love Mrs. Galan to come and tell us how she
thinks that Pahoa Boutiques and Bungalows is going to be pulled off. This is about us being the
gatekeepers, and this is about integrity and honesty. Thank you very much for the opportunity to speak
my word.
KERN: Thank you. Commissioners, any questions?
AU: Mr. Chair?
KERN: Commissioner Au.
AU: Thank you, Mr. Chair. Mrs. Hunt, you mentioned that you've contacted them through Mainstreet
Pahoa on numerous occasions and -.
HUNT: No, I don't want to -. I believe that the testimony is that we've extended an invitation and
they've declined; and apparently that was up for some interpretation. If you look back in the letters,
we've always been addressing this application and these applicants in general to you, like trying to
keep it very akamai. Each time that Mainstreet Pahoa or Jeff Hunt's Surfboards has submitted any sort
of testimony, the planning consultant, Mrs. Mikkelson or Ms. Mikkelson, writes back. Okay? And so
what has happened is that Mainstreet Pahoa Association has submitted testimony twice, once when this
was a general application and before—if you recall the white house on the other of Jeff Hunt's
Surboards came through as the general application. You folks voted against that measure. Within the
month that house went up for sale. Okay? That's what's going on here. And so what happened is the
application was amended to something specific, Pahoa Boutiques and Bungalows. So then Mainstreet
Pahoa Association submitted additional testimony. We had a discussion, and Mark can attest to the
Board's feelings, we had a discussion on how to write the letter. I'm the writer of the group so I wrote
the letter. And it was like toned down basically in order to be representing the Board. So it's not me
running the town. Needless to say we submitted the testimony which basically said please table this,
we'd like the Galans to come and speak with us and tell us their plan. And we're also very much
involved in the design district. And, you know, this is all paraphrasing. Mrs., Ms. Mikkelson wrote
back and declined saying that they've already wasted enough time basically or they've already spent so
much time and resources on this that they don't, they, they declined to meet with Mainstreet Pahoa.
Okay? And maybe this is all subject to interpretation. That's the, that's why we're here today, is to
clarify that Mainstreet Pahoa has never been against the concept of a Pahoa Boutiques and Bungalows.
We don't want to see real estate speculation in Pahoa. And, again, this is another member of
Mainstreet Pahoa, so you can see that, and he can tell you what the Board intended with the letter.
KERN: Any, Commissioner Domingo?
DOMINGO: Does the Mainstreet Pahoa have any policy or guidelines with regards to applications
concerning issues such as this? Do you have any adopted?
HUNT: Mr. Domingo, the Mainstreet Pahoa Association is a 20-year old organization. And really
what we have to go on is its mission, which is to enhance the economic vitality and to increase the
quality of life of Pahoa. And there have been, over the years, like anybody, different groups or
different merchants coming on board and devoting time. And so really all we have is the mission
11
statement and a general, at the time, the Board's overall opinion. And it has been, since I've been
president and since I've been involved in Mainstreet Pahoa Association, I believe since about 2008.
And it should be noted that I haven't even been really involved in Pahoa and my husband's business
until about 2008. So like accusations are accusations.
But needless to say Mainstreet Pahoa, we would like to see the County Council adopt legislation where
if the proposed rezoning gets rezoned and then the property owner turns around and sells it, it would be
reverted back to the original zoning within a certain time period in order to avoid speculation. I would
say that the Board has that overall opinion, that has been the discussion that the Board has had. It's
just concern that all of a sudden we've got Starbucks right across the street from Mrs. Kajiyama
because someone was able to get a commercial rezoning and have it subject to 48 different uses. So
that's the current representation of the Board. But, again, it's a body, and different merchants come
aboard at different times and different opinions. But the letters that we've drafted have all suggested
we are, we're not opposed to development in Pahoa. Pahoa needs some revitalization and certainly
along with it some increased police presence and some real cautious development. But it can't just be
like, oh, we're going to generally rezone something and allow anything. That's this gatekeeper part
right here,just making sure that, that it is. Like I said there's a woman who lives right across the street
from this proposed commercial development.
DOMINGO: You know, -.
KERN: Please use your microphone.
DOMINGO: Wouldn't this proposed project contribute to the economic vitality and the quality of life
in Pahoa town?
HUNT: Absolutely.
DOMINGO: And I think that meets your criteria and policy for development. Yeah? For one thing
it'll provide jobs, it would enhance the property value and the atmosphere in the town, and it will take
away the existing situation where the undesirables go, and then you wouldn't have to look at them as a
neighbor and see them smoking pot or whatever, because that is going to be taken away. And with this
anticipated development it would be something that hopefully through the planning guidelines you can
look out through your window and appreciate what's being done there.
HUNT: Certainly. Now may I respond to what you just said?
DOMINGO: Sure.
KERN: Please use your microphone.
HUNT: Oh, okay. Well I absolutely agree with you 100 percent. That is what Pahoa needs. But my
whole saying is that I don't necessarily believe that that's what's going to happen here,just based on
the track record. This has been for sale more than it has not. If Ms. Galan intended to have the Pahoa
Boutiques and Bungalows then why in the world is, why was it submitted last March as a general
rezoning application, and why was she selling it to the people that were going to compete with us? I
12
used to go, my husband actually went over and put plywood over Ms. Galan's broken window. We've
actually like really tried to show Ms. Galan aloha. So it's really kind of a suckerpunch when she tried
to sell it to someone who's going to compete with us and then the communication stopped.
So what I'm saying is that we're not opposed to development in Pahoa. But it has to be akamai and it
has to be pono; and this is not pono. And that's why I'm here. We're not anti-development. We're
trying to create retail in Pahoa. If this went through and she gets her commercial rezoning, it will
increase our property value to have something nicer next door. But the point is is that she has had this,
please if I'm stating it mistakenly, 2004, how long has been? And it has been for sale a lot, and you're
all of a sudden you're selling it to my competitor and trying to put in a rezoning application?
Everything needs to be above board if we're going to do it. Because, again, Mr. Domingo, you are
correct, it will do everything that we envisioned. And that's why I feel like the application was
amended,because of last time when we were here the testimony that was given, and then it went, they
went back to the drawing board and said, oh, this is what Pahoa wants. Okay? You want to hear from
Mark?
KERN: Any other questions for Ms. Hunt? Commissioner Domingo.
DOMINGO: Well, you know, I can appreciate what you're saying and how you feel. And I think
perhaps later on I'd just like to have the applicant come up and tell us what has made, changed her
mind with regards to deciding to develop the property rather than leaving it as it is and deciding to sell
it. Because the economic conditions or atmosphere right now practically prohibits anyone from doing
anything. And that's a statement that I'd like to hear from her. And I think as I look at the zoning, the
zoning ordinance, it's, and I said, you know, I need some, I need some assurance that the property is
going to be, if the property is going to be rezoned that the applicant will perform as presented. And I
look at the zoning ordinance, it says a representative or assigns will do all of this, all of the conditions,
having not being able to perform any of these conditions, the zoning will revert back to its, or
whatever, original conditions. They have to know that. So I think that this is something that we're to
discuss and look at thoroughly. And that's why I want certain definitive statements made with regards
to what their plans are really are.
KERN: We will have the applicant have a chance to come back up. We'll also be able to cover some
of this during discussion. Any other questions? Seeing none, thank you very much. Mark Hinshaw,
give us your name and area you represent or association and you may begin.
HINSHAW: My name is Mark Hinshaw and I'm on the Board of Directors for Pahoa Mainstreet.
First I'd like to address Commissioner Domingo's concerns. I don't know the legalities of the
speculation part of this whole thing. To me it's not right that a person can come in and go through a
rezoning just to purely gain money. I don't know if it's legal or not. I know that's your area, and I
don't know that. It sounds like it is because it has got an assignee clause in there, and they can really
assign it to someone else. I've been in real estate for 30 years and I kind of have a general idea of how
that whole process works. My chief concerns are, number one, like you addressed commissioner, is is
this in fact what their intentions are? If their intentions are to just purely put it up there to get a more
value to it, it's not real akamai in my eyes, it's not from Pahoa Mainstreet. We want to be very careful
as to what comes in. I'm very pro development. This really upsets a lot of my neighbors,but I'm very
13
pro development of businesses in Pahoa. It desperately needs more businesses to bring in additional
traffic.
My concerns primarily, aside from what your concerns were, are the water, the parking is very, very
concerning to me. Just the math that the attorney had done, you know that there is going to be more
than four people coming to visit these stores on a daily basis. Eighteen, and if all of you have been to
Pahoa town you know that it's very, very condense. We have serious lack of parking, serious lack of
infrastructure, etc. Those are my concerns, that we do improve those eventually over time. But as it
relates to this particular case, only 18 stalls, it just seems almost like it's bordering on High Density. I
don't know the requirements of Medium Density, etc.,but this almost borders on High Density,
especially when you're mixing residential/resort with business. Those are our concerns.
We have sent a letter to her. We had much discussion probably over a three or four month period at
our board level, at Pahoa Mainstreet, inviting them. To my knowledge this is the first person that has
ever refused to come to a Board meeting, which made us very suspicious why are they refusing to
come to our meetings just to talk about what they're going to do. That's what the first red flag in my
mind went up. I urge you to reconsider this zoning request, despite you're already recommending to
pass it based on what Commissioner Domingo talked about what are their intentions, what Tiffany
spoke of and the concerns of Pahoa Mainstreet. Thank you.
KERN: Thank you. Any questions for Mr. Hinshaw? Commissioner Au.
AU: I have a few questions. What's the membership of your Mainstreet?
HINSHAW: What's the total membership? Probably, most of the businesses.
AU: Is it businesses and residents in Pahoa?
HINSHAW: Yes, yes,both,both.
AU: Okay, okay. Well, why don't you answer me this question—you're a Board of Director and Mrs.
Hunt is the president. Let's say a Starbucks was to go up in the middle of Pahoa town. I spent a lot of
time in Pahoa. I live in HPP so I go to Pahoa a lot. A Starbucks there, it will definitely bring in cars or
bring in businesses, it will bring in traffic, it will bring in money, it will bring in people, it will bring in
tourists. So wouldn't that benefit Pahoa?
HINSHAW: Absolutely. I would love to see a Starbucks there personally, yeah.
KERN: Any other questions for Mr. Hinshaw? Seeing none, thank you. You may have a seat. I'll get
the applicant or representative to come forward. You've had a chance to look over the letter that was
submitted, correct?
MIKKELSON: Where to begin. I do want to make sure that everybody understands that we did
comply with the responses to the Fire Department, the Department of Water Supply. They were
satisfied with our responses. There was never an issue. We did do the math and the calculations for
the parking, and it meets the requirements. So that's what we went by. If it is as such that it doesn't
14
meet the standards put forth by some citizens, concerned citizens, I don't know how that you can base
it knowing what they're going to think in advance of making an application. You do the math, you do
the work, you do the research, you put forth an application.
I want to give a little background to you guys about how this happened since you were concerned. The
Galans have owned this property for quite some time; and as she mentioned they put a lot of work and
money into getting it cleaned up. I guess it was a mess. There was rubbish in the yard and it was, had
to be just basically hand cleared before they could get in there and really clear it out, which they did,
and they took care of some businesses there. When they purchased the property it was expressed to
them that there was a potential there for them to develop it in a commercial basis because of its
location. And they thought,well, that's why they'll purchase it, they thought that would be a good
thing to do,knowing that in the future that they would do that. Then, you know, economy does what it
does, up and down, it has fluctuated quite a bit. And they've had many,many people come to them
saying we'd like to buy your place, is it zoned commercial? No. Well, then we don't want to buy it.
Okay. So they kept on holding and they rented. They had several different tenants. There had been
problems with tenants,just general residential tenants. But, you know, as a landowner you do what
you to do keep the place up. They pay for maintenance on it on a monthly basis still. They wanted to
go ahead and rezone it. When a person approached them the last time and said, you know, we want to
do this and we'll give you a deposit, we just really want to do this. And they talked between
themselves and said maybe what's what we should do. Not knowing how it all works really, it seemed
like the practical thing to do. There was somebody who wanted to open up a business in that place.
And as I mentioned earlier, to bring this house up to standard where you could run a business out of
there to Code it'd be very difficult,but that was their intention. In the process, they moved in there
with a lease agreement that was a residence and they fully understood they were not to operate their
business, and they started operating their business right away. So then the County came in, and they
were given a violation. And they were notified by the owner, Mrs. Galan, you may not operate your
business in there. We get this thing rezoned, you buy it, then you operate it, not till. So they backed
off. Eventually they did move out, leaving the place empty, and relocated to another place where it
had the right zoning.
In another application, we came before your board, the Commission, and we heard your concerns.
And afterwards I did speak to Mr. and Mrs. Galan regarding their application, which had not yet been
before the Commission. And I said, you know, you guys, I don't think this is going to work for you,
and we've got to talk about this. So tell me how you feel, tell me what you thought when you first
thought, started to build this. And she said, well, when we first bought it we thought we'd do, like
some little retail shops and maybe have some overnight accommodations upstairs. And I said, well,
why don't you do that? She said do you think it would work? And I said, well, let's try it. So I, I
draft. So I drafted a quick design and a quick site plan for them to see. And they said that's just what
we wanted, and we want to landscape it, and we want it to be beautiful, and we want to have security
lighting, and we want to do all this stuff So that's how it came to be, that it really is what they wanted
to do to begin with. Years go by, things happen, people change their minds. But basically that is what
they started with when they started the whole thing. They're sincere about this. They've been
collecting funding. They have properties that they have on the market for sale so that they can use
that, the money from their investments to this investment. And they really do want to use this for a
retirement. That's the answer.
15
KERN: Any questions for the applicant's representative? Commissioner Domingo.
DOMINGO: I know upon acquisition of the zoning, and I don't think it will happen -. But if someone
does come before you and say, okay, now that you've gotten your rezoning we'd like to buy it, and
we'll offer you"x" amount of dollars, it would certainly seem very tempting to sell it. Now I don't
know how we can, I don't know how we can govern that. I don't know how we can control it.
Because, you know, the compliance to the law was met and it's written in the ordinance with regards to
the development of the property, but not of a business or any commercial endeavor.
And as I listened to the debates, one of the, one of the potential candidates have said there's nothing
wrong with making a profit. You know, there's nothing wrong with making profit. I think that's what,
I think that's an inherent desire or human behavior to do something like that so we can improve our
way of life, and provide for us and our families. But, and, you know, I recall in other instances where
a rezoning of a property to a resort, you know, for resort was given and that individual came to us with
some commitments. Shortly thereafter he sold that property and, you know, he made over, he sold it
for over$10,000,000. And I don't know to what degree of, to what amount of profit he made. But
certainly he was, when he came before us he had in mind was speculation; and we had just gone along
with it thinking that it was a development that would be good for the island. And now as I look at this
there's a same scenario that we can see. And I also know that others have bought other properties,
agricultural properties, residential properties, they got their residential rezoning and an increase in
zoning for their agricultural properties, and thereafter they sold it. So the question is how can we curb
that? You know, and what we've got here is this ordinance says you got your zoning and there are
conditions upon which that zoning was granted and these are the conditions you have to meet, should
you not meet that the land would, the rezoning would revert to its original designation. You can't use
it for any other thing. So with that I'd just like to let you know, that's where I'm coming from, you
know. And I think it's, it's every property owner's inherent right to do whatever they wish to do with
their property,providing that they comply with all the laws and requirements that are set forth for that
use.
MIKKELSON: I want you to know that the Galans have actually, they have spent quite a bit of money
trying to secure funding. She's, they're well underway to do that. The funding that was held up was
actually by the length of the time that we have not had a hearing. So we had to go back to the lender
and say don't worry, it's going to be okay, we just have to go through the Planning Commission, and
there hasn't been a quorum. So it has been, so, you know, they're trying very hard. Her vision, and
it's really important cause it's Karen's vision, was to have a situation where people could come and
stay in Pahoa. One of the units, proposed units is an ADA compliant unit, meaning that somebody
who needs those accommodations would have a place to stay in Pahoa. And, therefore, they could
come, stay, eat at the local establishments, be able to stay without travelling away, coming back to
Hilo and spending their money in Hilo instead. So that's part of the idea. But also she wants to have it
be an outlet for people's, there's going to be a proposed art gallery. That's going to help people in
Pahoa. There are a lot of people down there that are artistic and have no resources. It gives that
opportunity. And so there is an opportunity there for this proposed development to be really
something nice for Pahoa. And Mrs. Galan is interested in retiring, aren't we all, anyway, and giving
the opportunity to manage it and be a part of it. So that's what she feels. She has worked for all of her
life, this is what she wants to do. I hope that answers your question.
16
DOMINGO: Yes, thank you. Thank you very much.
KERN: Okay. Are there any other questions? Commissioner Moses.
MOSES: I just have a comment. Is that okay?
KERN: Okay, that's fine. Depends, we can move, you can make your comment in discussion, that's
technically the time for that and -.
MOSES: For discussion, okay.
KERN: If you have any direction questions I think we should wrap this part of it up and the applicant
and its represe-.
MOSES: I don't have any direction questions.
KERN: Okay. Any other questions for the applicant's representative? Seeing none, you may have a
seat. Thank you. So at this time anyone willing to entertain a motion? Then we can move into
discussion and see where we go from there. Commissioner Domingo?
DOMINGO: Mr. Chairman, I move for the, regarding the issue of Karen and Adrian Galan, REZ 11-
145, I move that we send a favorable recommendation to the Council with the attached conditions of
approval.
KERN: Is there a second?
ISHIBASHI: Second.
KERN: Okay. Discussion. Commissioner Moses?
MOSES: Yes, Chair Kern. I have an issue with this. When Karen and Adrian came to us, I can't
remember exactly when, it was not with the plan of what to do on their property, if I remember
correctly. And we then, and listening to testimony from Pahoa-. Is that-?
LEITHEAD TODD: That was a different application.
MOSES: That was a different application.
LEITHEAD TODD: Their original application was withdrawn and never made it to the Planning
Commission.
MOSES: So was this, the bungalows and all of this, this is the very first time that we're seeing this?
LEITHEAD TODD: Yes. The one that you did a negative recommendation on was a different parcel
in close proximity. This one had an application and after you folks voted with a negative, if I recall
17
correctly on that other one, then this one was withdrawn; and then this has subsequently been
reapplied.
MOSES: Thank you, thank you. Planning Commissioners, I'd like to still put out my feelings
regarding this situation that I am concerned about why it is no longer part of the condition that when
someone comes for rezoning that the intended use is not attached to that. And that's a concern for me
because they have not demonstrated, in my opinion, that this is, you know, that they're going to do
what they say they're going to do. I feel the same way the testimonies have, those of the people who
live in Pahoa have expressed, that I'm not too sure if this is what's going to happen. And they gave
good argument regarding that, that this property has been on the market for sale and that there is that
possibility of turning around and selling it should the commercial zoning be granted to them. And so
that is a concern for me. I come from a small community myself and I have that same stance, is that I
look at development, I think development is absolutely necessary,but it has to come with assurances.
And so my feeling at this time is not supporting this favorable recommendation of this change of zone
request.
KERN: Commissioner Domingo.
DOMINGO: Yeah, Mr. Chairman. I speak for the motion obviously because, you know, I chose
initially support for it by making the motion. It will meet the requirements of the people in Pahoa, the
businesses, and would certainly provide for the economic vitality. I think once you have this kind of a
development and if the people in the community, as shown by some of the letters, show support, it'd
certainly take off and provide, others would come and see a potential for other economic opportunities.
And certainly when that happens the quality of life will certainly be increased in that particular area.
And, in fact, what they're proposing here is a use that is permitted within the Pahoa Community
Development Plan in one of their centers. So, you know, it's something that's, what we're doing is
implementing a use that we felt as a body when we adopted a community development plan would be
an appropriate use in this particular area. So with that, you know, I certainly feel confident of my
support for this. And I wish that we'll all look at it from that standpoint. Thank you.
KERN: Thank you. Any other discussion? Commissioner Au.
AU: Thank you, Mr. Chair. You know, I'm at crossroads with this application because on one hand,
you know, we need development in Pahoa, we need businesses. I spend a lot of time in Pahoa. I'm
currently doing a community service project at the Pahoa Senior Center. And, you know, I'm there
early in the morning at 6 o'clock and I see the things going on there all throughout the day. And, you
know, we need businesses to bring in people, to fix that place up. And our, you know, our community
leaders are doing what they can in that area to try to fix it up. Our businesses are doing whatever they
can. And, you know, we need development, we need a Starbucks, we need a KFC, we need a Longs
out there, we need businesses.
On the other hand, the way this applicant came forth was they came, they didn't know what they
wanted to do. They listed the property for sale numerous times, they deferred their application and
then their planner went and drafted this. You know, there is so much uncertainty here; and that's what
bothers me. But Commissioner Domingo is correct, you know, you guys are within the rules and
regulations and the guidelines of our law. So, you know, I'm at the crossroads in here.
18
KERN: Any other discussion? Commissioner Ishibashi, and then Commissioner Domingo.
ISHIBASHI: Thank you, Brother Chair. Yeah, for that reason too, it's because of the requirements
that the applicants meet. And, also, the problem I have with this thing is disassociation with the
association in Puna. I don't know why we cannot talk story, the applicant with the association,
because that's the key that we have to buy in into the plan. Speculation, yeah, we're all against
speculation. Just getting the permit in order to sell your property, we're against that. But after hearing
the planner's kind of explanation with regards to the financing of the property, she's still trying to get
the financing of the property. So I just pray that they will go on with the development and do the right
thing. Because I believe this development will enhance the security of the Pahoa area, keeping out the
riffraffs in the area. That's one step in the right direction. And also the association also says that
they're okay with this type of development if done correctly. So the speculation is the problem. But I
believe that in sincerity they will try and do the development as planned. So with that, that's why I'm
pretty much okay with this project.
KERN: Commissioner Domingo.
DOMINGO: I have a somewhat amusing story,just like they say, and I'm not saying that we should
do it. Once, once many years ago we entertained a zoning going up Ponahawai in one of the
residential areas. And it was smack dab in a residential area with streets going through. And that
application was for commercial because that individual wanted to open an office, and he was a foot
doctor. And what we did was we specifically stated in that ordinance that upon receipt of that zoning
the use would strictly be adhered to being an office for treatment of the foot. And the concern, the
concern of the people there, that was -. That was devised because the people in there were concerned
what if we give them the rezoning and they put up a service station in which, you know, that would
generate a lot of traffic, whereas a doctor such as that would just be minimal. I'm not saying we
should do that but, you know, those are concerns that have been in existence for years, even Mario as
one individual used to say when he used to come speak to us. And, you know, I know it's hard, it's
hard, because I would feel being a layperson if in my area and if I had those similar concerns I would
probably voice some concerns against it. But when I consider the Zoning Code and the manner in
which this, the bill, the zoning is written, regardless who buys the place, they have to comply with the
conditions of the zoning ordinance. And when they comply with the conditions of the zoning
ordinance, I think some of the concerns that have been brought up with regards to approval of this and
their fighting against it would be addressed, no matter who develops the property. So I feel confident
to that degree that I can vote and support it.
Once before somebody came to us and we gave him the zoning, and he walked away a rich, a very rich
individual, shame on us. Now with this one if we give them the zoning, and the same thing happens,
shame on me. And that's why, you know, there's a lot at stake with this for me. And I hope the
applicant, I hope the applicant in all sincerity will go ahead and develop, develop the property as
presented. That's real important. Because hopefully I aim to be around for quite some time from now,
and if this happens then, you know, the reputation of those who represent the applicant and the
applicants themselves will be in my mind, and not as a planning commissioner but probably at
something else. Thank you, Mr. Chairman.
19
KERN: Thank you. Madam Director?
LEITHEAD TODD: Yeah, I was just going to say that generally when we're looking at applications
we are looking at whether the zoning being requested is consistent with both the General Plan as well
as the Community Development Plan, and less so at the particular proposal, whether it's a Longs,
whether it's a Burger King, and a Starbucks. We don't get into judgment calls on whether what they
are particularly proposing for that site is the best use of the site or the best proposal for that site. It's
whether they comply and are consistent with those documents that I have to review them against.
And one risk with rezonings is that there are multiple uses that a particular rezoning can be used for.
But there's also a risk when you put in language that says something like"will substantially comply
with the plans as presented." Because then it becomes a judgment call sometimes on what is
substantially complied with. And the one that I'm thinking of was a much larger project in Kona
where they got rezoning and the representation was they were going to put in a high rise hotel; and
they actually started to construct the high rise hotel. And then the market changed, and the property
owners tore down the building and instead put up the Four Seasons Hualalai. And there were people
that argued that we should have taken them back to the table and redone the shoreline management
permits because what they built was not substantially what they represented, even though it was a
smaller project and less of an impact. So I'm saying that you don't know and there's a risk that what
you approved may not be what eventually gets built. But there's also a risk when you put in that
"substantially comply." Because then it's a what does "substantially comply?" If you're proposing
that you're doing some boutiques and some residential does it have to be exactly that plan that's
presented? Does it have to be exactly those five buildings? Because later on you've got plan approval,
you've got other things that have to be done.
But, you know, the Commission is free to make amendments if they propose to it, to make additional
recommendations. You are not bound by the recommendations that come from the Department. You
have that authority, as does the County Council. Because my recommendation is just that, it's a
recommendation. What you recommend is also just that, it's a recommendation. And ultimately it
will be up to the County Council as to what specific conditions they put on it. But they will look at
what your rationale was and what your concerns are in terms of what they would end up fashioning in
any conditions that they would put.
I do want to address one thing on the TIAR because I think there is some confusion. When Ms. Song
was here she talked about, you know, 50 trips a day. A TIAR is whether there are 50 trips at peak
traffic hours, not whether you have 50 cars coming during the course of an entire day. And so, you
know, when we looked at it we didn't think that the size of the proposed project would, didn't look like
it was going to generate that kind of high traffic during the peak traffic hours. And peak traffic is
usually early in the morning and around the 3:30 to 5:30 periods in the afternoon when people are
commuting back and forth to work. But, you know, if the plans change it could end up triggering
additional requirements, because they still have to come in for building permits, they still have to come
in for plan approval down the road.
And at any point, in terms of parking, if what they end up proposing is different, additional parking can
be required of them.
20
KERN: Thank you, Madam Director. Any other discussion or you're ready for the vote? Looks like
we're ready for the vote. Maija?
COTTLE: Thank you, Mr. Chair. The motion before you is to send a favorable recommendation to
the County Council as recommended by the Planning Director. Commissioner Domingo?
DOMINGO: Aye
COTTLE: Commissioner Ishibashi?
ISHIBASHI: Aye.
COTTLE: Commissioner Au?
AU: Aye.
COTTLE: And Commissioner Moses?
MOSES: No.
COTTLE: Okay, the motion fails.
KERN: So that means a-.
AU: Negative.
LEITHEAD TODD: Negative.
KERN: A negative recommendation is set forth?
COTTLE: Yeah, due to the time that the Commission has to transmit a recommendation to Council, it
will go up with an unfavorable recommendation.
KERN: Okay. Yes, Mr. Torigoe.
TORIGOE: Maija, is the applicant not interested in further extending the time at this, for this
application?
COTTLE: I'm not sure.
KERN: Should I pose that question?
TORIGOE: Well, yeah. I mean, when I read the rule, I mean, that's, it's my understanding that the
time can be extended. Now whether that is something that the applicant wants to do, you know, or
whether they just prefer that it go up with a negative recommendation that's something that they can
21
decide. Or if the Commission also feels that it should go to Council at this point then someone else
could make a motion to send a negative; and a vote could be taken on that.
KERN: So would you like to continue,have a time extension on this?
MIKKELSON: No, as it is already-.
NOMURA: Microphone, please.
MIKKELSON: I'm sorry.
KERN: Oh yeah, come forward. Sorry, my bad. Thanks.
MIKKELSON: As the delays have caused a lot of hardship regarding the funding and the planning for
this project, I think we should probably just proceed.
KERN: Okay, thank you.
TORIGOE: Okay, so, yeah. So basically if the applicant is not interested in extending the 90 days,
then if there is no action by the Commission then it goes up to the Council with a default negative
recommendation, along with the record.
KERN: Which is basically what we have now. All right, thank you very much.
COTTLE: Thank you, Ivan.
KERN: Thank you, Ivan. Okay.
AU: Question?
KERN: Commissioner Au.
AU: So what happens is this application goes to the County Council as a negative recommendation
after 90 days?
KERN: No. It goes forward now in the formal process.
AU: Oh okay,
KERN: But just the time extension was to extend the 90 day time filing or processing time that the
Commission has.
AU: Okay, and that had to be moved? In order to do that, that had to be, a motion-.
22
KERN: If the applicant wanted to extend it, they would have to agree to that. So as of right now it's
being sent forth with a negative recommendation with the record. Okay, any questions on that? We're
done. Okay, well, that one is pau. You'll be notified in writing.
The discussion ended at 11:34 a.m.
Respectfully submitted,
Sharon M. Nomura, Secretary
Windward Planning Commission
23
I
CO
n:
"11
122
0 CIL
31111
'013 Ng
MI
a a
r m
r �
A
1111111111111 II 1111111111111
: '911
i rM }'' F
• ,tea. :.,,n,,,-.4.):, N
i
1
R
O '
`r2} +
...,.,
,•
.8
1 'z'7F '
.,,,
f._.
� � CO
s
3 �!
{9
A -. k,vt i1} ff
M '
\x,
a CID
y A yr,, O
,
/ , , , , ,, ... ..io••••o)Iook6''''''''
2
11%11. ,,,
,., „
, ..,.
o
,,. _,
=
IltallillMMI lr
fit
2 4....
•
. .
...
CD
..„
a:,
1
c z
I SD
IlZ> Illa
ci
pill
. =
-w
Ma
A • CA
••
••
31
/ . •
••+
4
.... in
..4.•••
•••
+••++
••++•♦♦♦•• v•
+O+O•••
. . ••
♦+++++
•::4:4.
CB
iii
113
, ...,
..Nif •1 , i
■• ‘,.. \
7.
(..,.. * . ■
,. .
D2
‘‘ 1 ,„ •
., . .
_.-~'\ -,•,
1 • .
,.....:.- .,....----.-_ .
+,‘ 4 ' • ___„----- co
,, , ..,...
.... ,........_
\ ,, t
....
•••Illlip
0•• II II
r... „,...,....„
7: ,I0 P1
1^....... ••1 :
•
..........."
......- .r:„ 6
V ;.- * ./dr.■,"' ..- . i
.., z....
.1 -. .
441r11
4, ilt ' '71,3 • ,
ta.■. , .., .
•
so
. _
• ‘1•
• lan
• \ik______ __
. ...
• ._.,....-____
• -.1•3•• • i
--------j--- .---
_
`;:
...‘ _., , t.---- ----
- I
- ?
/ \
milt
IA
1' 1•40,414 ,.._._._..,___ ----
F -.--- soi
40 •fra-ro,•• •
• • la =I
* r
i 0
•
* •• /t
CIO
a*a* *
--It O1 •
„...--0-"--- e • 1147"\-7 ....4°‘ , 4.,::, SID
.e..
.....----- • :14 •ordeers'
..------- •
----"" ,J,F4 ,,,,,, •\ \\,, ,
IC
, ...".,..
,,.,
• 1.4 ''No. 11
•s '..: 1. , ',,
I \•
, *'Ulif•eter3'
••I i■ '• , • ' -
i • • .• . . ...,
, : • ,•
, .
. . • .
...•• ***0000 .,
•
se
=7:• - = e • CD
...._ r.--; .s"4: .,, Fi.- ,---, • • ...,,,,
. •
./-
.'.7.. :_.- ri,`:. •r: et - !....
— —• --, ..e. = z —
a .7.: = .■,-- B
._ •
•
• _ •...# -.,-..,
-.....
. r;
,-, ...: I:. ---- = r7, 71,, .:.T. — 4 • ';:.'''''
":.::"::—7- .--. E .7.7.
k- • „.
-, c..: - - ...__ •
Fr:'," , -...-..: — ....: = .••1 e /6,1"...s....\\■.",<\.1/
-., — . a
Y .... ,..... '''' , • 0•• ,......
..e• N. ,.... ..„,
N .• )11r.,' /
7::* ... "..
'"Z:f •4
. ..%
1111111111111111111111111111111
.. '112
CD
0
�" fix, =
«4 0111110
CD
,,,,,,...4, .. s. .
Mk
10'
v
COn
C
Mho
414 a=
H .
CB
i
I:,
4, , 4.,: , ''-'7.
i
o
r�,
. _„,„
r., ry _.,,
• • mi i
'a
OvitnNy "� � � n
Cc DN, aZc�p n � cD � ��
4 M a) ■144 lk a
44 .0 •41 zi % rb m -Ng sa
4.4 ef cl 4 4 14 tin 4 (1) =
0 4• 0 02 go 044 2
ela rb (1 k teti
Sin Zit Fir Z' (b 4 Z %`' N 23
\ OIC � O � M � �4 CD
�
�y � � O iN OS *it% =
ilj M 4i a cb
el - 14 N 1■1 01 RN Ca A
4(I ti: ti il M
0 O O � � y IA me
Q Al' & zi, tin p fb tti
0 Z ftl 1 '41 ""wi
Ctl fb cp
fk co 'w tb 4
p' � 'C � 3. CcMp �
4 4 43 Et fb
IA 14% Ch () fl PX) '4*11
4' 2.
ti, m zu (%11% ip
.4 cc. 4 m 6,,
%,,, N.) tia ... ,
,.li•
pi. . ..
i 0 ,
0
%%
IIIIIHIIIIIIIIIIIIIIIIIIIIIIII
'1,111
VD Me , ,
imp
i
CD '=
f
l I
C ,!,
Oki S
I I
N
CA
0
a
xi > C)
z co P.
0 ,3 fict s
oo< '
ccc Z Z
0 D
V •
CD
195'
•
.
1 DRIVEWAY ► „2 •
I . i • Z t.
4 0: I
�" m co Ri
I 1 �t 1" ,iliq,•.. II! n.:I...,il •i .:I;,l, „I, y i'
■ G)
`
ch
* AVMJAII0 V.
- I'
i
1
f- tr-ir 1 -iff-IT -.1
"
74s
i
1=1
_ .._
L ...
. ,
....-
; r 1 •1
, st
ri 1 t
ra
I n ar
, o
=
L2 c ..
ii ; 41 i I i..^ .,
1
11' 41 PIMP
I • i I
—. Ca
MI
I 1 ft 1 III III -1 -- . --......--.-=
1 MI
it 3ovaalS 11 it
6.. 41
an/
411
MIR
.-- 24'0 ...
wo
as
-
---6.-0.-- -- - --6*-0"------,—--6-0- -- - TO--Pc-Ir-'• =
Cn
.-..,
t '4I
s
c
N et z
4 it 0
›
r- t
V 11
4t
4.
lawn 1
4
1 !,
1111111.11111.111.11E11, I
,''1I
ir:1 111C
Y EIM1
CD
,%7:
CID
MR
mg
CD
I
.ti ,
CID
GO
Min
M¢,
• O
•..•:.,:* ' av
::.::.:: ,
•-„,
. ,
,,.....
. ,
.....,
., a —.
„, 7.
.:..e.
is
d lW .•
lit
''.: [ CD
° of VII
1 z o
.1 1
t
MillffilillliBlillilli Inn I
C
., i CD
it& Ai
Jr
look
90
Alt."' ) 0
len, t I, rk',
, it, CD
, ,
/ si eu .•
r
.t
O
EL
ME . \ '
; \ \
O
fa
C
NM I
MN
OD
CO
1
CD
pa
1 i , .
iff ,
XV
s~ 1 -I
" \az:"...
Ita
MI
CD
CA
�
°I
s,t/ T 1
, t
3,
1
, Ill II II
9 111111
w
y g
1
1
o
"
1
we
CD
i
CO
a
,
CL
,cc;
ri- 1 .
/ =
7
0
,,,k , 4
, / CD
5/
B.
/ , Cs
CM
C
f/
�, to
\ - C#3
'' 1 S c (+I CD
10011,11°11. r
r /
r
i
31111111111111111111111111111
,,111
•
o fl
o 10
rr
mt In
al CI In
fu v
CD ir
CD
rP CD
0 pis
o -1 o
rr cr
7 _ y
(Cs (D vs
cl al n cra
° n o
= o
= 3 3
*2' 3 5
n al o
o = o
_ CL In
= au o
PEP
A rt:
-. 0 o
= =
111111111111111111111111111111