2011-06-02 Windward Planning Commission Minutes

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within the State Land Use Agricultural District. The property is located along the mauka side of rd Uluhe Street (33 Street), approximately 820 feet northwest of Maku‘u Drive, Hawaiian Paradise Park Subdivision, Kea‘au, Puna, Hawai‘i, TMK: 1-5-016:portion of 167. Mr. Darrow oriented the Commissioners 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 for a 10-year time extension, with conditions as amended. Commissioner Ono questioned at what point would the Commission say the area needed to be rezoned instead of continuing to allow special permits in the area. Mr. Darrow said the area rd along 33 Street is starting to become an area for industrial type uses because of numerous special permits granted by the Commission. He added that at this point in time the Hawaiian Paradise Park Homeowners Association’s plan and the Puna CDP have been amended to identify this area for industrial uses, so the next steps could possibly be a change to the General Plan LUPAG Map and then the rezoning. He further added that permits run with the land, there have been permits issued with a 5-year time limit with an additional time extension allowed; and if the Commission wishes to cease operation of the subject permit, they can deny the request. For Commissioner Ono’s information, Ms. Leithead Todd said if a permit is approved without a time limitation then it is considered to run with the land, noting if an applicant sells the property the next owner could still use the special permit for the allowed uses. She explained a rezoning permits a variety of uses and a special permit limits what can be done on a property. She said the Planning Department has started approving special permits with time limits in anticipation that eventually there will be land available for some of these commercial and industrial uses in areas such as Hawaiian Paradise Park which has more than 8,800 lots but does not have much in the way of services. She noted in many cases the community is in support of these special permits since they want something closer to where they live, noting there is no land available for such uses within a 4-mile radius. She said the problem is although the Homeowners Association’s plan and the CDP designates the area for industrial uses the actual owners of the lots in the area are either opposed to the change in designation or have no intention to rezone to utilize their property for other purposes. The applicant, Vern Wood, manager of Kipi Mana and former owner of the special permit, explained the reason for the request and asked for either removal of the 5-year time limit or extending the permit to a 10-year term, which would reduce the amount of work of the Planning Commission as there seems to be acceptance that the use is appropriate for the area. Scott Reilly, general manager for Hawaiian Paradise Park Association but speaking on his own behalf, said he would like to see the Commission be consistent and grant just a 5-year time extension request, which would give himself and the Association more flexibility to comment on the application. It was moved by Commissioner Domingo, and seconded by Commissioner Au, that the application be approved with a 10-year timeframe. Commissioner Domingo questioned whether the Planning Department was considering a General Plan Amendment of Light Industrial uses for the area since there are a number of such uses in the area. Ms. Leithead Todd said she should 2