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HomeMy WebLinkAbout2020-06-18 Leeward Exh C (SPP 20-000215) LEEWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT JUNE 18, 2020 A regularly advertised hearing on the application of JOHN AND PARIS REYNOLDS (SPP 20-000215) was called to order at 11:30 a.m. via live-stream meeting, with Chairperson Nancy Carr Smith presiding. COMMISSIONERS IN ATTENDANCE: Nancy Carr Smith, Perry Kealoha, Max Newberg, Mark Van Pernis, Michael Vitousek and Faith "Faye" Yates ALSO IN ATTENDANCE: J Yoshimoto, Esq. (Counsel for the Commission), Michael Yee (Planning Director), John Mukai, Esq. (Counsel for the Planning Director), Jessica Andrews (Planner), Jeff Darrow (Planning Program Manager), Maija Jackson (Planner), Christian Kay (Planner), Alex Roy (Planner), Rachelle Ley (Secretary to the Planning Director) and Noriko Sauer(Commission Secretary) APPLICANT: JOHN AND PARIS REYNOLDS (SPP 20-000215) Application for a Special Permit to establish a one-bedroom bed and breakfast establishment within an existing one-bedroom farm dwelling on 5 acres of land situated within the State Land Use Agricultural District. The subject property is located at 64-5203 Kauakea Road, at the intersection with Mamalahoa Highway, Pu`ukapu Homesteads, South Kohala, Hawaii, TMK: (3) 6-4-017:023. Secretary's Note: "- - -" indicates that there were technical and/or internet difficulties, which made the conversation inaudible. CARR SMITH: Moving on to Agenda Item No. 3. Everybody on board? Okay. Applicant is John and Paris Reynolds. It's a Special Permit 20-000215. The application is for a Special Permit to establish a one-bedroom bed and breakfast establishment within an existing one-bedroom farm dwelling on five acres of land situated within State Land Use Ag District. The subject property is located at 64-5203 Kauakea Road, at the intersection with Mamalahoa Highway, Pu`ukapu Homesteads, South Kohala, Hawaii. The TMK is (3) 6-4-017:023. Thank you for coming, Reynolds, John and Paris, nice to see you both. J. REYNOLDS: Thank you. P. REYNOLDS: Thank you. CARR SMITH: Jessica, go ahead, proceed with your presentation. ANDREWS: Okay, thank you, Chair. I'm going to go ahead and share the content, my screen content, so let's take a minute to make sure that's working here for everyone. Okay, can everybody see this screen, the introduction screen? 1 EXHIBIT C DARROW: Yeah. ANDREWS: Yes. Okay, great. This is Application No. 20-215 for John and Paris Reynolds. This is the location map showing the property outlined in red. It's located in the South Kohala district. The applicants are requesting a Special Permit to establish a one-bedroom bed and breakfast within an existing one-bedroom farm dwelling. The applicants will live on site in the second farm dwelling and will be the only operators of the bed and breakfast. The applicant's objective is to provide accommodations for no more than two adults, providing the opportunity to experience an operational farm. The zoning map shows that the property is zoned Ag-5 acre, and surrounding properties are likewise zoned Agricultural-la, -40a, -10a, -3a, and Family-Agricultural, FA-3a. The State Land Use designation is Agricultural, as are all of the surrounding properties. And the subject property is designated Important Agricultural Lands in the General Plan LUPAG Map. Surrounding properties are also zoned Important Agricultural Lands, and also some are Rural, and to the north we have Extensive Agriculture Lands. This is the site plan provided by the applicants. The, you can see that the existing structures, there's three: Farm Dwelling A, Farm Dwelling B, and an existing ag shed. There's an existing, there are two existing driveways. Kauakea Road is to the right, and Mamalahoa Highway is on the bottom portion of the site plan. This aerial photograph shows the existing property, the subject property, and you can see the two dwellings on the upper right of the photographs, and then the ag shed in the, approximately the center, and to the left is the, are neighboring dwellings, and to the south is the highway, Mamalahoa Highway. This photograph is a view across the subject property from Kauakea Street, showing existing farm dwellings and the ag shed in the far distance. On the left is the existing agricultural structure, and on the right is a view across the subject property. The photograph on the bottom right shows the farm dwelling A, which is the proposed bed and breakfast. And on the upper left you see a view facing north on Kauakea Street, and to the right is a view facing south towards the highway, towards the intersection with the highway. Planning Director's recommendation is approval with conditions. And that ends my presentation. I'd be happy to address any questions from the Commission. CARR SMITH: Thank you, Jessica. I'd, so the two-story green building is the proposed bed and breakfast structure? Is that what you said? 2 EXHIBIT C ANDREWS: Yes, it's actually a single-story. I can go back to, yeah, I can go back to the photograph. CARR SMITH: I kind of assumed that the yellow house would be the bed and breakfast. ANDREWS: Yeah, so the structure which iscan you see the slide showing the photographs with the structure on the yeah, so the structure in the lower right portion is a single-story. I believe it's just elevated on post and pier. CARR SMITH: Okay. ANDREWS: And then the lower structure, which is slab on grade, is the, is the primary residence of the applicants. CARR SMITH: Okay, thank you very much. Commissioners, do you have questions of staff? Mark, I see your hand. VAN PERNIS: Thank you. Can I be heard? CARR SMITH: Sorry? VAN PERNIS: Do people hear me? CARR SMITH: Yes, I can - - - VAN PERNIS: Okay. CARR SMITH: Go ahead. VAN PERNIS: I noticed in the presentation that this is a B&B for two adults. I think that's unclear; it should say two adults and their children, if any. Because I suppose it's likely that the guests of the B&B will be families, not just two adults. CARR SMITH: Good question. Jessica, can you address that? Whether they were not planning on having families, or how does that work? ANDREWS: - - - CARR - -CARR SMITH: Jessica? ANDREWS: Sorry, I was muted. Yes, I can address the question from the Commissioner. Typically, a one-bedroom bed and breakfast accommodates two occupants. So that's, that's the rationale. It could include children. It would be up to the discretion of the owners on that. CARR SMITH: Okay. 3 EXHIBIT C ANDREWS: The approval is for the one bedroom. CARR SMITH: Very good. Go ahead, Mark. VAN PERNIS: Should the permit say, "two adults and their children, if any?" For instance, it could be a baby in arms, it could be one adult with children. I would think the application should refer to the children so we don't have a situation where a mother and father show up and their kids got to go someplace else. CARR SMITH: Thanks, Mark. Maybe we'll let the applicant address that. Maybe there's a reason that they chose that. Unless ANDREWS: I can CARR SMITH: through planning or zoning they can only have two people. ANDREWS: Yeah, so in the, in the recommendation, Condition No. 4, does say that"the bed and breakfast operation shall be limited to the use of one bedroom." So, that does not rule out the applicant's acceptance of there being children included. CARR SMITH: So the fact that it says two adults doesn't mean no children. Is that what you are saying? ANDREWS: It actually does not address the number of occupants; it states that it will be limited to the use of one bedroom. Yeah, that's in the conditions. CARR SMITH: I just don't want them to face any kind of violation going forward, if they have kids and, so that, that was my concern. Jessica, so you're saying that the one bedroom is for two adults, but that the Special Permit does not say anything about any additional people? ANDREWS: That's correct, yeah. And the applicants can address the, the applicants maybe later on could address their, their intentions in that regard. CARR SMITH: Okay, very good. Perry? Go ahead, Perry. KEALOHA: As far as this, the use of this additional farm dwelling, does it comply with State Land Use, as far as agricultural use and additional farm dwellings? CARR SMITH: Jessica? ANDREWS: Yeah, so the bed and breakfast, the proposed bed and breakfast, is in the farm dwelling, not in the additional farm dwelling. The additional farm dwelling will remain in use as a residence, as a farm dwelling by the applicants, by the residents, and as, as required, the applicants do have agricultural practices that will remain in use on the site. KEALOHA: Thank you. 4 EXHIBIT C CARR SMITH: Commissioners, any other questions for staff? No? Okay. Very good. Thank you, Jessica. We'll move along to the applicant. So I'll need to swear you folks in. If you could raise your right hand. Do you swear or affirm to tell the truth on this matter now before the Leeward Planning Commission? P. REYNOLDS: I do. J. REYNOLDS: I do. CARR SMITH: Thank you. Thank you very much. Please state your name and where you reside, please. P. REYNOLDS: Paris Reynolds in Waimea. J. REYNOLDS: John Reynolds, Waimea. CARR SMITH: Thank you. Have you read the Director's background report and recommendations? P. REYNOLDS: Yes ma'am. J. REYNOLDS: Yes. CARR SMITH: Okay. And do you agree with the conditions of the approval? J. REYNOLDS: Yes. CARR SMITH: You do. Okay. Do you have anything else you'd like to say? J. REYNOLDS: I would like to add on the, the children being present in the house. We are not opposed to that. From renting on island for over twelve years, families generally look for a two-bedroom or more. That's why we had indicated two adults, but that doesn't mean that it can't be a father or a mother and their child; it's just that it is a one-bedroom with one bed. So that's why we had it clarified that way. CARR SMITH: Okay. P. REYNOLDS: We also have a son we travel with, so we, we know what you're getting at, and it's just it was more, you know it's one bedroom,we could make alterations and bring in a temporary bedding situation for a younger child, you know, like when we traveled with our son when he was a baby, they provided a crib. That would be something we'd be willing to do. J. REYNOLDS: Right. 5 EXHIBIT C CARR SMITH: Okay. Commissioners, do you have any questions for the applicant? None. Okay. Very good. Then I'm going to move along to what would be public testimony. I don't believe we received any. Staff, can you confirm that there is no public testimony on this agenda item? ANDREWS: Yes, I received no public testimony for this item. CARR SMITH: All right. Very good. With that, then, Commissioners, I need a motion for action. VITOUSEK: I'll make a motion. CARR SMITH: Thanks, Mike. VITOUSEK: I move that the application for Special Permit Docket No. 20-000215 be approved based on the Planning Director's recommendation, which shall be adopted. CARR SMITH: Very good. Is there a second? KEALOHA: I'll second. CARR SMITH: Okay, thank you, Perry. So, it was moved by Commissioner Mike Vitousek and seconded by Commissioner Perry Kealoha, the motion as described. And, is there any discussion? Okay, seeing none, Jessica, can we take roll call, please? ANDREWS: Yes. Commissioner Vitousek? VITOUSEK: Aye. ANDREWS: Commissioner—Vice Chair Kealoha? KEALOHA: Aye. ANDREWS: Commissioner Newberg? NEWBERG: Aye. ANDREWS: Commissioner Van Pernis? VAN PERNIS: Aye. ANDREWS: Commissioner Yates? YATES: Aye. ANDREWS: And Chair Carr Smith? 6 EXHIBIT C CARR SMITH: Aye. ANDREWS: The motion passes, six to zero. CARR SMITH: Very good. Congratulations. So you folks will be notified of the Commission's decision in writing, and we wish you the best of luck. J. REYNOLDS: Thank you. P. REYNOLDS: Thank you. Thank you, Jessica. ANDREWS: Thank you. P. REYNOLDS: Aloha. CARR SMITH: Thanks, Jessica. The discussion ended at 11:46 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 7 EXHIBIT C