HomeMy WebLinkAbout2020-06-04 Exh B Lois M. Drake & Robert P. Jacobson SPP 20-213 WINDWARD PLANNING COMMISSION
COUNTY OF HAWAII
HEARING TRANSCRIPT
JUNE 4, 2020
A regularly advertised hearing on the application of LOIS MARGARET DRAKE AND
ROBERT PETER JACOBSON (SPP 19-000213) was called to order at 10:56 a.m. via live
stream meeting with Chairman Thomas Raffipiy presiding.
VIRTUAL ATTENDANCE (COMMISSIONERS): Gilbert Aguinaldo, Dean Au, Joseph
Clarkson, Thomas Raffipiy, John Replogle.
VIRTUAL ATTENDANCE (STAFF): Malia Hall (Deputy Corporation Counsel for the
Windward Planning Commission), Michael Yee (Planning Director), John Mukai (Deputy
Corporation Counsel for the Planning Director); Jeff Darrow (Planning Program Manager),
Maija Jackson (Planner), Alex Roy (Planner), Jessica Andrews (Planner), Christian Kay
(Planner); Rachelle Ley (Department Secretary), and Sarah Hata-Finley (Commission Secretary).
And 22 members from the public live streaming the meeting.
APPLICANT: LOIS MARGARET DRAKE AND ROBERT PETER JACOBSON (SPP 20-
000213)
Application for a Special Permit to allow the development of a church complex and accessory
improvements on a one-acre property situated in the State Land Use Agricultural District. The
subject property is located at 15-1791 14'h Avenue, about 1,000 feet southeast of the 141'
Avenue-Paradise Drive intersection, Hawaiian Paradise Park, Kea`au, Puna, Hawaii, TMK: (3)
1-5-048:197.
Secretary's Note: "—"means that there were technical and/or internet difficulties which
made the conversation inaudible.
RAFFIPIY: The next item on the agenda is Number 2, Applicant Lois Margaret Drake and
Robert Peter Jacobson, Special Permit No. 20-000213. Application for a Special Permit to allow
the development of a church complex and accessory improvements on a one-acre property
situated in the State Land Use Agricultural District. The subject property is located at 15-1791
14'h Avenue, about 1,000 feet southeast of the 14'h Avenue-Paradise Drive intersection, Hawaiian
Paradise Park, Kea`au, Puna, Hawaii, TMK: (3) 1-5-048:197, and the staff will do the
presentation.
ROY: Aloha, Commissioners and Applicant. I'm going ahead and start the presentation. Okay,
today we're going to be talking about Special Permit Application SPP 20-213. This is for Lois
Margaret Drake and Robert Jacobson, as the Applicant.
Here's the location map. You can see the red kind of arrow, shows the location. It's just within
HPP south of Hilo. The Applicant's request, they are requesting to convert the existing single-
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family dwelling to accommodate a church facility. The uses include but are not limited to
church services, community gatherings, an outreach center, fellowship events, and other
community support services. The site would also host a commercial kitchen for meal
preparation for the congregation and other events, and it is anticipated to be the construction of a
larger chapel—there's somebody on here that is—okay. [There was noise interference.] The
third applicants on here need to be muted. Rachelle, can you take care of that,please? Okay, the
third request is the construction of a chapel approximately 40 feet by a hundred feet—can
somebody, please? Rachelle? [Referring to the noise interference.] She's not there. Tell her to
delete, boot off the Trans
LEY: Jelena, can you disconnect for now and call back?
ROY: Just mute them, okay, let's try this again. Everybody keep muted unless you're talking.
The construction of a chapel approximately 40 feet by a hundred feet that will be sized
appropriately to accommodate an increased membership. Now, this is a future use and as in,
requires, of course, funding and an increased congregation.
Here's a map of the County zoning. As you can see, it is similar, A-la throughout the entire
area. So, that's Agricultural– 1 acre zoning, County zoning. The State Land Use is
Agricultural, as you can see, the entire area is within the State Land Use Agricultural District.
The LUPAG is Rural and, again, you can see the entire area is within the Rural LUPAG
designation.
Here's an aerial photograph of the property. You can see that the existing structure, catchment,
and unimproved driveway. It's pretty much all that's on the property. It has been slightly
cleared, but there is some overgrowth. Directly across the street is one of the largest orchid
growing facilities here on the island.
This is a site plan. I apologize I had to kind of turn it to fit it in there so everybody can see it.
But, you can see the main church which is the existing structure. They have outlined where the
driveway and parking stalls have gone, including an area of the two ADA stalls, and then the
location of the proposed chapel if that is built in the future. You can see the location of septic
tank and the water tank also.
This is the existing structure. This is from Google Earth, so taken from the street looking
towards the property, into the property at the structure. This is standing at that same location
looking southeast along 14'h Avenue, again take note of the large orchid growing facility located
directly across the street.
Looking northwest on 14'h Ave. directly in front of the property, you can see the road is
unimproved, gravel, which is typical in this area. Here I kind of backed up just so you could see
the entrance to the property and its proximity to the orchid growing operation across the street.
At this time, the Director is recommending to approve with the stated conditions SPP-20-
000213. Any questions? Joe?
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CLARKSON: Yeah, could you please go back to the site plan that's turned sideways and
explain where the existing—well, let me, can I just look at that one more time or do I have it in
my .
ROY: Can you see it?
CLARKSON: I can see it, but La`amia Street? Where is 14''?
ROY: I think that's an alternate, and the Applicant may be able to address that. I think that's an
alternate name for 14'h Avenue.
CLARKSON: Oh, okay, now, okay. And, the main church is just a conversion of the existing
dwelling?
ROY: Yes.
CLARKSON: Okay, thank you.
RAFFIPIY: Any other questions from the Commission?
ROY: Maybe the Applicant can address that. Is 14'h Avenue and La`amia Street the same?
Yeah? Okay.
JACOBSON: Yes, it is.
RAFFIPIY: No questions from the staff from the Commission? All right, we have the Applicant
and Applicant's representative. Is that Mr. Jacobson?
JACOBSON: Yes, good morning
RAFFIPIY: Hold on, please. Hold on, please, I will need to swear you in. Can you please raise
your right hand? Thank you. Do you swear or affirm to tell the truth on this matter now before
the Windward Planning Commission?
JACOBSON: I do.
RAFFIPIY: Thank you very much. You may state your name, where you reside, and proceed
with your presentation, please.
JACOBSON: My name is Robert Jacobson. I live in Hawaiian Acres at [stated address]. I
serve as theI'm retired and I also have a tea farm I grow tea on, and the reason I'm doing this
application with Margaret who is watching on YouTube who is the owner of the property is
because I am the treasurer, so that's my stake. I've been a Uniterian my whole life, and I met my
wife in the Uniterian Church, and since I've been treasurer and president over the years, the job
fell to me due to my understanding of zoning.
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I just wanted to thank you all for your time and efforts on the Planning Commission, and any
questions you might have, please let me know, and I'll do my very best to answer them.
RAFFIPIY: Thank you very much. Mr. Jacobson, did you receive the Planning Director's
Background Report, and are you in agreement with the conditions of approval?
JACOBSON: Yes, I'm in completely or in agreement. I have to say the Planning Commission
[sic] request, and it was all very reasonable. I did my best to work with him over the time, and I
found it very easy, and I'm grateful for the staff there.
RAFFIPIY: Thank you very much. Commissioners, do you have any questions for Mr.
Jacobson? No questions. Did you receive, did you read all the public testimonies? Did you
receive any public testimony on this one?
JACOBSON: I saw all the testimony that came in, but I only saw one from a community
Hawaiian activist, and I was not sure exactly how that, whether it was negative or positive. It
was just an acknowledgment that the hearing was going on.
RAFFIPIY: Did the Commissioners, were you able to read all of the public testimonies?
JACOBSON: Yes, I didoh, I'm sorry.
RAFFIPIY: Commissioners.
CLARKSON: Yes.
RAFFIPIY: Dean?
CLARKSON: From Clarkson.
RAFFIPIY: Okay, Mr. Clarkson, okay?
CLARKSON: Yes.
RAFFIPIY: Dean.
AU: Mr. Chair, I have a question.
RAFFIPIY: Go ahead.
AU: Mr. Jacobson? I always ask this question, but did you talk to the community association,
HPP, at all?
JACOBSON: Well, I can tell you that we've been members of the community association as a
church for about seven years. We've had meetings of some of the local—again, there's a little
bit ofa
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ROY: Okay, hold on a second. The Applicant is frozen a little bit, so let's just give him a
second to come back. I don't know, Robert, if you can hear me, we can't see you or hear you
right now.
HALL: Also, I would just like to note if the Commissioners can verbally confirm the public,
when asked about public testimony?
RAFFIPIY: Okay.
HALL: Not just waving, like go one by one and just say yes or no.
RAFFIPIY: All right. Joe, did you get to read the public testimonies? Joe, did you get to read
the public testimonies?
CLARKSON: Yes, I did, but I lost everybody there for few minutes, and I lost the last part of
what Mr. Jacobson said.
RAFFIPIY: Yes, he will have to restate it because yeah he froze out. Mr. Au, did you get to
read the public testimonies?
AU: Yes, I did, Mr. Chair.
RAFFIPIY: Thank you. Mr. Replogle, did you get to read public testimonies?
REPLOGLE: Yes.
RAFFIPIY: Yes, you did. Hey, Mr. Aguinaldo, you still on the phone? Did you get to read,
read the public testimonies?
AGUINALDO: Yes, I did.
RAFFIPIY: Thank you. I did, so everybody on the board, the Commission members were able
to read the public testimonies. Go ahead, Mr. Jacobson. Sorry for stopping you.
JACOBSON: Again, I understand the complications of a meeting of this type, but yes I have
talked to a number of members of the association. They've actually have, there's an alternate
group that has met regarding issues in Hawaiian Paradise Park, so they are fully aware of us.
They've actually used our facilities for meetings in the past. That's part of what we hope to do is
to be able to provide the place for people to meet when they need it.
RAFFIPIY: Thank you very much. Any other questions for the staff or the Applicant? All
right, if there is no questions, I need a motion for action. Mr. Au, go ahead.
AU: Mr. Chair, I move that the application for Special Permit Docket No. 20-000213 be
approved based on the Planning Director's recommendation which shall be adopted.
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RAFFIPIY: Any second?
REPLOGLE: Second.
RAFFIPIY: I think—yeah, who seconded that motion?
REPLOGLE: Me, John Replogle.
RAFFIPIY: Okay, it's been moved, there's a motion that's been, a motion by Mr. Au and
seconded by Mr. Replogle to approve Special Permit Docket No. 20-000213 based on the
Planning Director's recommendation which shall be adopted. Staff, oh hold on—yes, staff, can
you go ahead and do the roll call vote?
ROY: Okay. So,this is to approve as recommended by the Planning Director SPP 20-213.
Commissioner Au?
AU: Aye.
ROY: Commissioner Replogle?
REPLOGLE: Aye.
ROY: Commissioner Aguinaldo?
AGUINALDO: [Indicated yes, inadvertently muted.]
REPLOGLE: I could read his lips.
ROY: Commissioner Clarkson?
CLARKSON: Aye.
ROY: And, Chair Raffipiy.
RAFFIPIY: Aye.
ROY: The motion passes five to zero.
RAFFIPIY: Thank you very much. Thank you, Mr. Jacobson. You will be notified of the
Commission's decision in writing. Thank you very much.
JACOBSON: Thank you all.
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The discussion ended at 11:12 a.m.
Respectfully submitted,
Sarah Y. Hata-Finley, Secretary
Windward Planning Commission
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