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HomeMy WebLinkAbout2020-02-06 Exh E Peter Golden Tr & Kathleen Golden Tr Amend USE 168WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT FEBRUARY 6, 2020 A regularly advertised hearing on the application of PETER S. GOLDEN TRUST & KATHLEEN H. GOLDEN TRUST (AMEND USE 168) was called to order at 5:06 p.m. in the County of Hawaii Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii with Chairman Thomas Raffipiy presiding. COMMISSIONERS PRESENT: Dean Au, Joseph Clarkson, Thomas Raffipiy, John Replogle. ABSENT & EXCUSED: Gilbert Aguinaldo, Donn Dela Cruz. ALSO PRESENT: Michael Yee (Planning Director), Malia Hall (Deputy Corporation Counsel for the Windward Planning Commission), Jeff Darrow (Planning Program Manager), Maija Jackson (Planner), Christian Kay (Planner), Jessica Andrews (Planner), and Sarah Hata-Finley (Commission Secretary). And 7 members from the public in attendance. APPLICANT: PETER S. GOLDEN TRUST& KATHLEEN H. GOLDEN TRUST (AMEND USE 168) Application to amend Use Permit No. 168 to allow an additional two bedrooms for a total of a four-bedroom Bed and Breakfast establishment on 60,000 square feet of land in the Single - Family Residential zoning district. The subject property is located on the northeast corner of the Ruby Avenue -121h Street intersection, Mauna Loa Estates subdivision, Volcano, Puna, Hawaii, TMK: (3) 1-1-011:008. RAFFIPIY: Item number five, application to amend Use Permit Number 168 to allow an additional two bedrooms for a total of four-bedroom bed and breakfast establishment, and the staff will do the presentation. Christian will do a presentation. Thank you. KAY: All right, thank you Mr. Chair. Thank you all for hanging in, both you and the Commission and you and the applicants. We'll try to get through this quickly. Again, as the Chair stated, this is an amendment to Use Permit number 168, which was approved in 1998. The Applicant is requesting to amend that Use Permit which permitted the operation of a two- bedroom bed and breakfast establishment with an efficiency dwelling and a guest house on approximately 40,000 square feet of land. The applicants are requesting to amend this permit to legitimize the use of two additional bedrooms within an additional 20,000 square feet of land to create a four-bedroom bed and breakfast establishment within several permitted structures on 60,000 square feet of land within the Single -Family Residential zoning district. The reason for the request is condition number four of the subject Use Permit states that the bed and breakfast operation shall be limited to the use of two bedrooms located within the efficiency dwelling and the guest house. Several additional structures were subsequently built on the subject parcel and EXHIBIT E an adjacent parcel. Two of those new structures had been rented as additional bedrooms of the bed and breakfast operation, but had not yet been approved and permitted under a Use Permit. In June of 2019, the Applicants were made aware that this violated conditions of the existing Use Permit and standards for operating a bed and breakfast. The Applicant subsequently consolidated two parcels into one 60,000 square foot parcel, discontinued renting the additional two bedrooms, and submitted the subject Use Permit amendment request to bring the entire operation into compliance with the permit and Hawaii County Code standards and regulations for the operation of a bed and breakfast. The subject parcel is located in the Puna District of Hawaii Island; more specifically in the Volcano area. For reference, we've got Volcano Road running toward the top of the slide here. Subject parcel is located here, outlined in red in the Mauna Loa Estates Subdivision. We've got Ruby Avenue running generally north and south through the slide and 12'h Street running generally east and west through the slide. The County zoning for the subject parcel and much of the surrounding area is Single -Family Residential - 20,000 square feet in the light yellow, and to the east is Single -Family Residential - 10,000 square feet, and to the south is Agricultural - 20 acres. The State Land Use designation for the subject property in most of the surrounding area is Urban and some Conservation land to the south. The General Plan designation for the subject parcel and much of the surrounding area is Low Density Urban. Here's an aerial photograph of the subject property. Again, Ruby Avenue running north and south, 12'h Street running east -west. As you can see, this 60,000 -square foot lot is a consolidation of three separate 20,000 square foot lots with multiple structures and dwellings within the property because it's zoned Single -Family Residential - 20,000 square feet and they have 60,000 square feet, they can have three permitted dwellings on the property. Here's the Applicant's site plan. Again, we got Ruby Avenue running on the left-hand side of the slide, 12'h Street running on the bottom of the slide. The first bedroom is located here, off of 12'h Street, pardon me, and the second is up here toward the eastern part of the property. These were the first two bedrooms that were covered under the existing Use Permit. The Applicants dwelling, main dwelling, is located here. This is where the applicants live. The next two structures that are being considered for this Use Permit amendment are a third bedroom here, adjacent to the exist—or the Applicant's dwelling, and a fourth bedroom here, located along the Ruby Avenue side. There are multiple entrances to the property, which is consistent with the fact that they used to be three different parcels. Here's, from the Applicant's website, is just a little easier to see and tell where the different cottages are, and the different bedrooms. Again, bedroom number one here, bedroom number two here. These were covered in the original Use Permit and then associated parking with each of the bedrooms, and then the additional two bedrooms are these here, to be considered under the amendment. I've just some images, again, much better photos than I took; these are from the website, but these give you an idea of what those bedroom structures look like. And here are some views of Ruby Avenue, on the upper left looking north or mauka, on the upper right Ruby Avenue looking south or makai, and then bottom left 12'h Street looking east, and on the bottom right 12'h Street looking west. EXHIBIT E 2 The Planning Director is approving recommendation of the amendments to Use Permit No. 168. There was one additional piece of information that came in today that you should have received this morning and it's a letter from a volunteer fire captain from the Volcano Volunteer Fire Department addressing some bre suppression -related issues. With that I would be happy to answer any questions the Commission may have on this Use Permit amendment request. RAFFIPIY: Thank you, Mr. Kay, any questions from the Commission? KAY: Thank you. RAFFIPIY: No questions. Will the Applicant please come forth, or representative. Can you please raise your right hand? Do you swear or affirm to tell the truth on this matter now before the Planning Commission? RENTERIA/SMITH: I do. RAFFIPIY: Thank you very much and proceed from your right to left. Please speak into the microphone directly. RENTERIA: My name is Ardith Renteria and my partner Darryl Smith. We're representing the Golden's who are the owners of the property, and in the interest of time, we don't really have too much to add other than we know that we have one condition that's in your packets regarding the hot tub pavilion. We've already started working on that, with regard to removing the electrical outlet that has been on there, and we have applied for an electrical permit which is right now in the Department of the Public Works, but we're waiting for them to issue the permit so that we can do the work. RAFFIPIY: Thank you very much. Go ahead. SMITH: I'm Darryl Smith, I'm her partner, and I have nothing to add. RAFFIPIY: Did you receive the Planning Director's background and recommendation reports? RENTERIA: Yes. RAFFIPIY: Do you agree with the Director's recommendation and its conditions of approval? RENTERIA: Yes. RAFFIPIY: Do you have any further comments or questions about that? RENTERIA: No. RAFFIPIY: All right, any questions from the Commission? No question. Thank you. EXHIBIT E 3 AU: Mr. Chair, I'm prepared to make a motion. HALL: One second. RAFFIPIY: Anybody here wanted to testify on this, from the audience? I have here Dwight Vicente. Is Dwight Vicente here? He's not here. Thank you. Can I get a motion to close public testimony? REPLOGLE: I move that we close public testimony. AU: Second. RAFFIPIY: It's moved and seconded that we close public testimony. All those in favor say aye. COMMISSIONERS: Aye. RAFFIPIY: Any. opposed, nay. Great, carried. Motion for action. AU: Mr. Chair? I move that the application to amend Use Permit 168 for applicant Peter S. Golden Trust and Kathleen H. Golden Trust be approved based on the Planning Director's recommendation, which shall be adopted. REPLOGLE: Second. RAFFIPIY: It has been moved and seconded. Any discussion? No discussion. Mr. Kay, can you go ahead and poll the roll call? KAY: Happily. Thank you. Commissioner Au? AU: Aye. KAY: Commissioner Replogle? REPLOGLE: Aye. KAY: Commissioner Raffipiy? RAFFIPIY: Aye. KAY: Pardon me. Yes, thank you, and Commissioner Clarkson. CLARKSON: Aye. KAY: Thank you. Motion carries four, nothing. EXHIBIT E 4 The discussion ended at 5:15 p.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission EXHIBIT E