2012-10-04 Windward Planning Commission Minutes

Home

The applicant’s representative, Mark Maus, clarified that he was applying for the special permit to provide employment opportunities for his children and others in the area. He said the location was ideal for his business as it is located in an area where the majority of residents pass by every day and the access is off the subdivision road, noting he felt it was inevitable that in the future (maybe 10 to 50 years) that this area will be used for commercial uses. He said the only thing he was manufacturing was a small trailer and he had wanted to construct a garage under their home to prevent their vehicles from being vandalized. He withdrew his request to use the parking lot to sell used cars on consignment when he discovered he would be limited to three vehicles and a car dealer’s license was required. He added that he drives 7 miles out of his way to get coffee in the morning. In response to Commissioner Au’s inquiry, Mr. Maus said he did not believe there would be a need for any road improvements with what he is currently proposing and that the Kau CDP noted a need to promote businesses and jobs in the area. Ms. Leithead Todd said that the proposal is not consistent with the General Plan nor the Kau CDP and said the reason for the General Plan and Community Development Plan is to concentrate development in one area to avoid urban sprawl or strip development. She expressed her concern of setting a precedent in the area which would throw out the plans that have been adopted through the Commission and Council, and in the case of the Kau CDP with tremendous community input. She said if the Commission goes along with the applicant’s line of reasoning, then it would apply to everywhere else on the island and questioned why have a planning process or why adopt plans that will not be followed? Mr. Maus said he understood what the Director was saying but there were exceptions and as growth was inevitable in the area this particular area will be commercialized in the future, be it 50 to 100 years from now. He noted that currently there are many people who would love to establish their business on the subject property, noting there are other businesses already established in the surrounding area. In response to Chairman Kern’s inquiry, Mr. Maus said prior to purchasing the property seven years ago he did check with the Planning Department about the potential to develop the property and was told he had to apply for a special permit or rezoning. He added the person he hired to assist in the process was unable to find the zoning designation for the property. Ms. Leithead Todd pointed out that the current General Plan was adopted in February 2005, and it did designate the central area of Ocean View and Ranches for Urban expansion. There was no one from the public wishing to testify on the application. It was moved by Commissioner Au and seconded by Commissioner Gonzales that the application be denied based on the Planning Department’s recommendation. Commissioner Moses said although she understood the applicant’s situation, it was unfortunate that he purchased his property about the same time that the General Plan was adopted; and that although she agreed with the applicant that there will be expansion in the future, perhaps 50 to 100 years, she felt the Commission could not make an exception at this time as it would set a precedent for future applicants. Chairman Kern said the Commission has had to make challenging decisions 2