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HomeMy WebLinkAbout2019-04-04 Hearing Transcript - William Quinn - Pahoa Farm & Garden LLC SPP 18-199WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT APRIL 4, 2019 A regularly advertised hearing on the consideration and adoption of the Proposed Findings of Fact, Conclusions of Law and Decision and Order for WILLIAM S. QUINN — PAHOA FARM & GARDEN, LLC (SPP 18-000199) was called to order at 10:27 a.m. in the County of Hawaii Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii with Chairman Joseph Clarkson presiding. COMMISSIONERS PRESENT: Gilbert Aguinaldo, Joseph Clarkson, Donn Dela Cruz, Donald Ikeda, Thomas Raffipiy, John Replogle. ALSO PRESENT: Michael Yee (Planning Director), Malia Hall (Deputy Corporation Counsel for the Windward Planning Commission), Jeff Darrow (Planning Program Manager), Christian Kay (Planner), Jessica Andrews (Planner), and Sarah Hata-Finley (Commission Secretary). And 5 members from the public in attendance. APPLICANT: WILLIAM S. QUINN - PAHOA FARM & GARDEN, LLC (SPP 18-000199) Consideration and Adoption of Proposed Findings of Fact, Conclusions of Law and Decision and Order for denial of a Special Permit to allow the development of a 3,600 square -foot farm and garden retail store and related improvements on 32,670 square feet of land in the State Land Use Agricultural District. The property is located on the mauka (west) side of the Pahoa Bypass Road, approximately 1,800 feet southwest of its intersection with Post Office Road, Pahoa, Puna, Hawaii, TMK: (3) 1-5-005:024. CLARKSON: The next item on the agenda, item four, is unfinished business. This is a consideration and adoption of Proposed Findings of Fact, Conclusions of Law, Decision and Order that was made at our last meeting. If staff would make their presentation? KAY: Sure, thank you, Mr. Chair. There won't be any PowerPoint presentation. We do have it available if you need to look at a site plan or anything like that. I just wanted to give a quick update on the things that were changed since the last meeting in the document that you are considering today. We added a bit to the chronology section that just talked about when hearings took place and things like that to reflect what happened since the November meeting. We since then also received a letter from State Historic Preservation Division, which we added in to our exhibits, as well as the Applicant's request to bring it back to hearing at the last meeting, which was added in exhibits. Because of the way that we format things, it changed the numbering of some of the exhibits so the SHPD letter is now Exhibit No. 6, and the Applicant's letter and request to go back to hearing is Exhibit No. 15. Finally, the last change that was made was to just change the 10V1111.11 11 date, the year, date after the signature, or under Decision & Order on page 12, sorry. Change that from 2018 to 2019. Other than that, my understanding is the agenda item is just to consider and adopt this Findings of Fact, Conclusions of Law, Decision and Order either as is or with possible amendments. CLARKSON: There being no one signed up to testify on this matter let me just reconfirm that. [The Applicant came forward.] Please raise your right hand. Do you swear or affirm to tell the truth on this matter before the Commission today? QUINN: Yes, sir, I do. CLARKSON: Please QUINN: My name is William. I want to thank the Windward Planning Commission, Mr. Michael Yee from the Planning Director [sic], and Joseph Clarkson for their consideration. I want to thank them very much for letting me know their concerns in regards to safety along the Bypass Road, Highway 130. All their concerns that they had were answered. I have finally after five months retained access to the road that the Commission wanted me to research to see if I could get right-of-way. I have received right-of-way on that access road. Our family presently is clearing an area 35 feet by 50 feet to our lot, off that access road that we were granted permission to use. It's going to take our family some time. In moving forward, our family would like to locate over a thousand plants that we presently have at our current location, Pahoa Feed & Fertilizer, to this new location. The Department of Water has given us the right-of-way to put a waterline to our lot so that we would be able to feed these plants. We do not anticipate any big volume of traffic or retail sales. However, our family presently wholesales plants to various vendors on this island, health food stores. That production would have to be done on the property, then those plants would have to be removed to our various vendors that we've been supporting for a number of years. Again, I want to thank you all very much for your concerns on the safety issues of using Highway 130. We have accepted what has transpired here with this hearing, and finally, I'd just like to reiterate, after five months, we have retained permitted access off that Bypass Road which goes to Jan's Barber Shop. We are moving very fast in putting up a road so we would have a back entrance. The only delay we'll have now is dealing with the Catholic Church and the right- of-way on their property. We feel strongly that the parcel of land that we would like to acquire or use from the Catholic Church would be a parcel of land that probably doesn't even add up to much of anything in the whole scheme of the acreage that they own in the back. Working with the archdiocese in Oahu is going to take time. It's a process that will take time for getting that access right-of-way. However, as I mentioned, we do have permitted access off that road finally. It took us over five months to locate the gentleman who lives on the mainland and to get everything in writing, and that's all I have to say, and I just want to thank each and every one of you very much for your concern. Thank you. CLARKSON: Thank you. We wish you luck with that. QUINN: Thank you very much. EXHIBIT D 2 CLARKSON: At this time, there being no other public testimony, I'll ask for a motion that we close public testimony. IKEDA: Move to close public testimony. AGUINALDO: I second. CLARKSON: All those in favor? COMMISSIONERS: Aye. CLARKSON: Opposed? Public testimony is closed. At this time, is there a motion for action on this agenda item? IKEDA: Can I ask you a question? After hearing the gentleman, is he asking for a continuance to delay this thing? No? Or vote on this thing? Because didn't we deny CLARKSON: No, we're— HALL: —There is no option for that. IKEDA: Oh, there's no option for that? CLARKSON: No. QUINN: That is correct. It was denied. Yes, sir. CLARKSON: So, at this time, the Chair will ask a member of the Commission to make a motion for action. IKEDA: Mr. Chairman, I move to adopt the Proposed Findings of Facts, Conclusions of Law, and Decision and Order. CLARKSON: Is there a second? REPLOGLE: Second. CLARKSON: It's been moved by Commissioner Ikeda and seconded by Commissioner Replogle. Would the staff please poll the Commission? KAY: Yes, thank you CLARKSON: Unless there is further discussion, I'm sorry. Is there any further discussion on this matter? EXHIBIT D 3 AGUINALDO: Yeah, so, our decision for Mr. Quinn, is that to, is this denying his? CLARKSON: Yes. HALL: We denied it last time. CLARKSON: We denied it at the last meeting. This is just the language of the denial letter to him and to other agencies. AGUINALDO: Oh. CLARKSON: He can make new applications in the future as far as I know, if circumstances change, but this is just the communication basically, Proposed Findings of Fact, Conclusions of Law, Decision and Order. If no one has any additions or modifications they want to make to this document, or any further clarifications, it's been moved and seconded. Please poll the Commission. KAY: Yes, thank you, Mr. Chair. Commissioner Ikeda? IKEDA: Aye. KAY: Commissioner Replogle? REPLOGLE: Aye. KAY: Commissioner Aguinaldo? AGUINALDO: No. KAY: Commissioner Dela Cruz? DELA CRUZ: Aye. KAY: Commissioner Raffipiy? RAFFIPIY: Aye. KAY: And Chair Clarkson. CLARKSON: Aye. KAY: Thank you, Mr. Chair. Motion carries five to one. CLARKSON: Thank you. EXHIBIT D 4 QUINN: Thank you very much. The discussion ended at 10:36 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission I0V1111.11 11