2009-06-05 Windward Planning Commission Minutes

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time. A roll call vote was taken and motion carried with six ayes (Iwashita, Domingo, Ishibashi, Kern, Ogata, and Woodward.) Mr. Beason at this time stated that the additional Condition 6 is very unique and the Commission is actually creating a condition that is addressed at a Federal level as far as the consultation. He added that they would want to reserve the right to be able to appeal the condition. The Chair so noted the applicant’s right to appeal. SPP 1071 The Commission took this item up at 10:10 a.m. with WAIANUHEA LLC approximately 22 people from the public in attendance. AHUALOA HOMESTEADS, HAMAKUA APPLICANT: WAIANUHEA LLC (SPP 1071) Amendment to Special Permit No. 1071 by changing the use of a 5-bedroom bed and breakfast operation to a 5-room lodge that would serve breakfast, lunch and dinner to registered guests. The property is located on the south (mauka) side of Kahana Road, approximately 1,200 feet east of the Kahana Road-Kalehua Road intersection, Ahualoa Homesteads, Hamakua, Hawaii, TMK: 4-5-11: portion of 14. Mr. Darrow oriented the Commission and public of the subject and surrounding properties on the location map and site plan, summarized the request, and noted the Planning Director recommended approval of the application with conditions. He added a copy of the applicant’s letter to the Department of Health was submitted into the record. In response to Commissioner Domingo’s inquiry, Mr. Darrow noted that if anyone else desires to establish a lodge, they would have to go through this special permit process for ag lands. He then read into the record the Zoning Code’s definition of a lodge and said that in this particular case the only change requested is to allow serving breakfast, lunch and dinner to accommodate their guests mainly to address a safety issue. The applicant’s representatives, Carol A. Salisbury and Kenneth Bartel, were in attendance. In response to Commissioner Domingo’s concern, Ms. Salisbury said she did not think her application would open a floodgate for many other existing bed and breakfast establishments along the Hamakua coast to apply for a lodge because the estimated cost for a certified kitchen is around $10,000, noting she is unaware of any other bed and breakfast establishments that have a certified kitchen approved by the Department of Health in the area. She said they felt the certified kitchen was a worthy investment because as they live way up mauka the weather is very cold, noting they have been operating as a certified kitchen just for breakfast for 6 ½ years. She added that other establishments serve continental breakfast, which is allowed. Commissioner Domingo declared that he has attended a workshop on the subject property, which is clean and spacious, and will not receive any compensation if the application is approved. Commissioner Iwashita stated he does not find any conflict of interest for Commissioner Domingo to vote on the matter. 4