2015-01-08 Hearing Transcript-PD INITIATED _GAMBLE_ SPP 1078 & SMA 408

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DARROW: Thank you. This next item on our agenda is something different and unique, so it’s not something we have come before us very often, and in fact, I think this is like the first time. This is a—the Planning Director has initiated a review of noncompliance for conditions of Special Permit No. 1078 and SMA Use Permit No. 408. Just for reference, the area of the subject property is located in the South Hilo District of Hawai‛i. More specifically, we’re looking just outside of the Honomū area. For reference, we have Pepe‛ekeō on the lower portion of the map; Hakalau on the upper portion of the map; and Honomū in the middle. The Highway 19 runs in a north-south direction. The subject property is on the makai side of Highway 19, just outside of Honomū. This is a closer view with the subject property outlined in black. Again, the colors on the map represent zoning. The particular subject property is zoned Agricultural – 20 acres by the County. It’s zoned State Land Use Agricultural by the State Land Use Commission. This is an aerial photo to identify the subject property and the existing uses; mainly, the 8-bedroom inn and existing dwelling as well as the different types of agricultural uses on the property. Highway 19 and, running just mauka of the property and the entrance to Honomū is just to the north. For reference, SMA Use Permit 408 and Special Permit No. 1078 were approved to John and Michele Gamble on September 15, 2000, to allow an 8-bedroom inn within a proposed addition to an existing dwelling and related uses. You’ve, Commissioners have a copy of that, that is Exhibit 3 within our Background. Condition 3 of both permits states the inn shall be limited to the use of eight bedrooms in the addition. Additionally, weddings, community, and public meetings will be allowed on the subject property. The purpose of today’s hearing on this matter is to have the Planning Commission determine if the collectible sales business and other uses described by the Applicant is permitted under Special Permit No. 1078 and SMA Use Permit 408, or, if the Applicants would need to amend their permits to allow these types of businesses and uses to continue on the property. The additional uses that I’m referring to are in Exhibit 2. Mainly on Page 3, the Applicant states, I’ll just read this briefly: “For our part, I can explain.” This is a response letter that the Applicant submitted to the Planning Department in this matter. “For our part, I can explain that we did not list uses other than the 8 room Inn on the application for our Special Use permit because during many discussions with planning department staff during the preparation process of the application, it was explained to us that [the] existing uses on [of] the property could continue without specific mention. Therefore we did not mention in the application that the community had been allowed to use the property for weddings, High School and collage [sic] photographs, farmers markets, political fundraisers, charitable fundraisers, luaus, public and private meetings and even allowed to use the imu located on the property.” On Page 5, additionally it states, “We have been operating The Palms Cliff House Inn for nearly 14 years; during that time we have maintained the property as a resource to our surrounding community as well as to the entire County and even the State. Our property has been used by the Big Island Visitor’s Bureau, the Hawaii Tourism Authority, The Hawaii Visitor and Convention Bureau, The University of 2 EXHIBIT C