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HomeMy WebLinkAbout2021-04-15 Leeward Exh C (USE 21-086) LEEWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT APRIL 15, 2021 A regularly advertised hearing on the application of ELLEN GARVER KOIZUMI (USE 21-000086)was called to order at 10:35 a.m. via live-stream online meeting, with Chairman Michael Vitousek presiding. COMMISSIONERS PRESENT: Michael Vitousek, Nancy Carr Smith, Barbara DeFranco, Clement"CJ" Kanuha III, Max Newberg, and Mark Van Pernis ABSENT AND EXCUSED: Faith"Faye" Yates ALSO IN ATTENDANCE: J Yoshimoto, Esq. (Counsel for the Commission), Jean Campbell, Esq. (Counsel for the Planning Department), Zendo Kern (Planning Director), Jeffrey Darrow (Deputy Planning Director), Tracie-Lee Camero (Planner), Maija Jackson (Planning Program Manager), Alex Roy (Planner), Christian Kay (Planner), and Noriko Sauer (Leeward Planning Commission Secretary) APPLICANT: ELLEN GARVER KOIZUMI (USE 21-000086) Application for a Use Permit to operate a two (2)-bedroom bed and breakfast establishment within an existing three (3)-bedroom dwelling situated on approximately 3.147 acres of land within the Single-Family Residential-20,000 square feet(RS-20) zoning district. The subject property is located at 73-4270 Hawaii Belt Road, along the west(makai) side of Hawaii Belt Road (Mamalahoa Highway), adjacent to and south of the Kona Coastview Subdivision at the end of Leimomi Street, Kalaoa 4th, North Kona, Hawaii, Tax Map Key: (3) 7-3-005:030. Secretary's Note: "- - -" indicates indiscernible speech due to internet/technical difficulties or simultaneous talk. VITOUSEK: With that, we will move on to New Business, Item 1 on the agenda the applicant is Ellen Garver Koizumi, USE permit twenty-one dash zero zero zero zero eight six (21-000086) application for a Special Use Permit to operate two (2)bedroom bed and breakfast establishment within an existing three (3) bedroom dwelling situated on approximately three point one four seven (3.147) acres of land within the single family residential district zoning twenty thousand (20,000) square feet zoning district. The subject property is located at seven three dash four two seven zero (73-2470) Hawaii Belt Road along the west, makai side of Hawaii Belt Road, Mamalahoa Highway adjacent to and south of Kona Coastview Subdivision at the end of Leimomi Street, Kalaoa 4th, North Kona, Hawaii, Tax Map Key (TMK) seven dash three dash zero zero five zero three zero (7-3-005:030). Actually I am very sorry for missing this all the public testifiers, I want to thank you and you may now drop off of the Zoom call and can you please observe the hearing on the YouTube stream. Thank you so much for your time. 1 EXHIBIT C VAN PERNIS: Raising his hand. VITOUSEK: Before we go further, I see a hand raised Commissioner Van Pernis. The microphone is muted. VAN PERNIS: Okay, I want to inform the Chair and all the Commissioners that I've talked to the staff about a machine to help me communicate by typing. I'd like to bring it to the attention of the and ask for permission of the Chair and the Commission and their respect too. This is suggested by the County Council. VITOUSEK: Thank you, are we all set with the procedures that will be used to allow you to do it to type and we can do that on chat function? VAN PERNIS: I think it requires the Commission's approval. VITOUSEK: Maij a is that something that we need to take a vote on at some point? JACKSON: Yeah, Chair Vitousek I just emailed all the Commissioners and staff and emailed that Commissioner Van Pernis sent. It was a paper he provided to us, we scanned it and just emailed to all Commissioners and staff with his questions. I informed Commissioner Van Pernis that I would work with him before the next meeting to show him how to do the chat on Zoom so that he can put his questions directly into the Zoom chat. But for this meeting he did his questions in advance which I emailed to all of you. So, any questions that he directed towards to the staff the Planning Department we will try to address that after our presentation and any questions he is directing to the applicants if they could respond to those we can read the questions and have them respond. VITOUSEK: Okay, terrific. VAN PERNIS: I'd like to point out that I'm asking the Chair for permission for the day to have the Commission staff read my questions to the applicants. If there is any follow up questions, I would have to verbalize those but I have a few questions and the staff has those to the Planning Department when the time comes and to the applicants when the time comes. I also liked to point out that there are several letters between me and Mr. as the Chair Mr. Vitousek confirming what Mr. Yoshimoto had him to instruct me and what my demeanor will be. I'd like Mr. Vitousek if possible to confirm that has taken place and also get the Chair's ruling on whether it is acceptable to have the Commission staff read my questions to the Planning Department when appropriate and to the applicants when appropriate. VITOUSEK: Yes, thank you Commissioner Van Pernis, definitely appreciate the effort that you've undertaken this past week to get with the Corporation (Corp) Counsel to undertake the training that was requested. So, yes, thank you, thank you for completing that and yes, I believe that it is appropriate and reasonable for you to provide written questions that the Planning staff can read if the Planning staff would clearly state for the record that they are reading a written question provided by Commissioner Van Pernis when they are doing it that would be helpful. 2 EXHIBIT C And if there are any follow up questions, please feel free to verbalize them. Thank you, Commissioner Van Pernis. VAN PERNIS: Thank you. VITOUSEK: With that, we will move forward with the staff presentation. We have Tracie Lee Camero presenting today. Please proceed Tracie. CAMERO: Thank you so much Chair, let me get my screen and share it with you. Can you all see my screen, you can just give a thumbs up. Sounds good. Good morning members of the Leeward Planning Commission as the Chairman mentioned I have here before you today a request for the Use Permit to permit a bed and breakfast establishment for Ellen Garver Koizumi. Under the use permit application number 21-86. The applicant is currently requesting to operate a 2-bedroom bed and breakfast within an existing residence on the subject property. The home consists of 3 bedrooms and 3 and a half bathrooms, one of which will be used for a full-time on- site caretaker. The full-time onsite caretaker will reside within the room at the southern portion of the dwelling. The proposed bed and breakfast will provide overnight accommodations to a maximum of ten (10) guest in 2 bedrooms, for a period of less than thirty (30) days. Breakfast may be provided to registered guests only; no other meals will be provided. There are five (5)paved parking stalls located on the property. The applicant has also mentioned in her application that she has other available stalls as well should she needs them and there will be no exterior signage proposed for the use. The subject property is located within the North Kona District. On your screen you can see the subject property identified by the red pointer. At the top portion of the map, you are heading in the direction to Waimea and the bottom portion of the map it's heading to the Kealakekua direction. The subject property is located makai from Mamalahoa Highway and about a thousand (1,000) feet north from Kaiminani Drive. On your screen you can see the current zoning map of the subject property and the surrounding areas. The subject property is outlined in red on your screen and is currently zoned as RS-twenty (20) that is indicated in the yellow color. Southwest to the subject property include lots that are zoned RS-20 as well. Other surrounding properties to the north and south include properties that are zoned Agricultural with a minimum lot size of five (5) acres which is shown in the light green and mauka of the subject property and across the street of Mamalahoa Highway you have the properties zoned in Agricultural with a minimum lot size of 3 acres as indicated in the teal and Agricultural with a minimum lot size of 20 acres as indicated in the dark green. The State Land Use designation for the subject property is Urban as indicated in the pink. The surrounding properties are a combination of Urban designation and Agricultural which is indicated by the green color on your screen. This is the General Plan LUPAG map also known as the Land Use Pattern Allocation Guide map which designates the subject property as Low Density Urban as indicated in the mustard yellow color. Properties across of Mamalahoa Highway and mauka of the subject property are designated as Extensive Agriculture as indicated by the white color and Important Agricultural as indicated by the green color. The Low Density 3 EXHIBIT C Urban designation allows for residential ancillary community and public uses and neighborhood and convenience-type commercial uses. The subject property on your screen is outlined in red let me just get my pointer I want to use this laser pointer to kind of help you understand the map. The subject property on your screen is outlined in red as indicated with this portion and it is located within the Kona Community Development Plan (CDP)which identifies the property as situated within the "Kona Urban Area". This red line that's going down your screen as you can see with Mamalahoa Highway in most places is the Kona Urban Area. This other portion that is slant from the top part of your screen diagonally down indicates the Concurrency Zone map within the Kona CDP. This subject parcel is not within the designated Kona Transit Oriented Development(TOD) zone just for the record. This is an aerial photo of the subject property which is outlined in red. There are currently 2 dwellings and a workshop/storage building located on the subject property. You can see the surrounding areas is mostly single-family residences and to the right of the property is Mamalahoa Highway which is a State owned and maintained highway. Located at the top and parallel to the subject property is Ahikawa Street which connects to the subject property via Leimomi Street which is a County owned but not maintained road. This is the most recent subdivision map that was submitted to the Planning Department. This map shows the proposed layout for the six (6) lot subdivision that the applicant is currently going through. You can see the 3 existing structures located on the property. There are driveway accesses from Mamalahoa Highway located to the right of your screen and access to the subject parcel from Leimomi Street is located in the middle of your screen. This slide shows the access to the subject property from Mamalahoa Highway, the upper left photo is the view of the subject property on Mamalahoa Highway if you are heading in the southbound direction. The bottom right photo is a direct photo of the driveway access to the subject property from Mamalahoa Highway. This slide shows the access to the subject property from Leimomi Street. The left photo is a view from Leimomi Street just off of Ahikawa Street facing south towards the subject property. The photo on the right is a photo of the work that the applicant has completed on her property for the Leimomi Street extension that you saw on the subdivision map on the previous screen as well as have a copy in your background report. This required construction that the applicant completed was approved on March seventeenth (17''), twenty twenty-one (2021)by the Department of Public Works Engineering Division. As you can see from the previous site photos slides there is no easy way to see the structure on the property from the vicinity of Mamalahoa Highway. So, the applicant was willing to provide this photo for us to view. On your screen you have for you a photo of the single-family dwelling that was submitted by the applicant for this presentation. You can see that the paved parking is located near the single- family dwelling as well as get a view what dwelling is proposed to be used for the bed and breakfast. With that, the Planning Director is recommending an approval with conditions for the Use Permit 21-86. At this time, I'll be happy to take any questions from the Commissioners. 4 EXHIBIT C VITOUSEK: Commissioner Van Pernis? VAN PERNIS: The information staff has a couple of questions from me they can read to the Planning Department. CAMERO: Yes, I can that do Commissioner Van Pernis. I actually tried to prepare some to that prior to this as well. Let me get that screen up for you, okay. VAN PERNIS: I'd like for you to read the questions if you have them. I don't think they were delivered to you. They were delivered to her, could you read the questions for all of the Commissioners here and could I ask that they'll be answered yes or no and if you want to go beyond that that's fine but, please answer yes or no first. CAMERO: Okay, I'll go with the Commission, the Planning Department questions that was given to me earlier today. So, question number one from Commissioner Mark Van Pernis is did Planning look into how many licensed B & B's are located nearby? Say, a ten (10) mile radius if there's no other frame of reference. If known, how many? Is it okay if I answer it too right after or shall I read all the questions first? VITOUSEK: If you can please answer— VAN PERNIS: "- - -" (speaking at the same time with Vitousek) CAMERO: Okay, that's perfect. So, I did do a research on the bed and breakfasts that were located nearby. I took the transcripts from the past meeting into consideration because those were some of questions that you had asked me as well as for the rezone amendment that happened just down the road from this subject property. So, based on my research it wasn't a 10-mile radius so I apologize for that but, I will be sure to keep a 10-mile radius in mind next time. There was approximately 1 B & B that was approved that came into the Planning Department nearby this B & B. VAN PERNIS: Next question please. CAMERO: Okay, question number 2 from Commissioner Van Pernis, did Planning look into how many County Short Term Vacation Rental (STVR)permits have been issued nearby? Say a 10-mile radius if there's no other frame of reference. If known, how many? So, yes, STVR's are definitely something that I look into a lot, I've had a lot of experience in the STVR's. What I did was I looked into the zone section in the plat that were approximately within again a half a mile radius. I had about nine (9) STVR permits that came in within those 9, 1 was rejected and 1 was denied. Something to keep in mind was that this area and if you guys would like I can share my Geographical Information System (GIS) screen with you is that a lot of the subdivisions within this area are post seventy-six (76) and within the STVR ordinance. STVR's which are our acronym for Short Term Vacation Rental which are un-hosted vacation rentals most of them are not allowed to be approved in the post 76 it was one of the clear outlined within that ordinance that allowed for STVR. 5 EXHIBIT C VITOUSEK: Commissioner Van Pernis did that addressed both questions? VAN PERNIS: I think there's one another question. CAMERO: Yes, there is, sorry, I just wanted to make sure if you had questions on that. Okay, so the last question that I have by Commissioner Mark Van Pernis is, did Planning look into how many STVR applications for properties in the area were turned down? If known, how many? So, again with the STVR applications out of the ones that were submitted we did reject one and we did deny one and I didn't look into the details as far as why we rejected them or why we in fact denied them. But I'm not too sure, I don't want to speak and say maybe it was in the post 76 lots but, those are what I found so far. VAN PERNIS: There was one more question, at the bottom of the list. Can you answer that please? CAMERO: Okay, I apologize. There is actually 2 questions on here that were scratched out. Do you want me to, you just want me to answer the last one that's scratched out right? VAN PERNIS: The last one, beginning with the word did. CAMERO: Okay, so, the question by Commissioner Mark Van Pernis. Did Planning look into or did the applicant submit anything regarding the effect of this applied for a project would have on the congested 2 lane Mamalahoa Highway, both northeastern and southwestern lanes? If so, what information does Planning have? The applicant did not submit, she did not submit something regarding the effect that this applied application was going to have on Mamalahoa Highway. Some of the things she was able to address was that most of the traffic would possibly occur when it wasn't the most congested times on Mamalahoa Highway. VAN PERNIS: May I ask, how Planning knows that most activities would not occur during the rush hour traffic jam on Mamalahoa? CAMERO: So, for Ms. Koizumi, she had just said that the check in times for the guests would be between 3:00 p.m. and 8:00 p.m. and that's assuming that those weren't going to conflict with the congested times on Mamalahoa Highway. VAN PERNIS: So, no independent investigation was made by the County? They took Ms. Koizumi's word for it. CAMERO: Yes, they did and also for this bed and breakfast application we weren't requiring her to do a traffic analysis as it seemed like it would be less than the fifty (50)trips per day for the proposed use. VITOUSEK: Okay, are there any other questions from any other Commissioners for the Planning Department staff? 6 EXHIBIT C CARR SMITH: Raised her hand. KANUHA: Raised his hand. VITOUSEK: Commissioner Carr Smith? CARR SMITH: Yeah, Tracie, I was just wondering can you tell us the differences between a short-term vacation rental permit and a use permit for a B & B just so we understand why would one, why would a person pick one over the other. CAMERO: Okay, I would be glad to. So, short term vacation rental therefore any dwelling that is un-hosted where the landowner or caretaker doesn't reside on the property and is not actively watching the residents that are taking the reservations for staying on the property. It basically it's un-hosted like we said. The bed and breakfast is hosted where we do require an onsite caretaker to be there at all times either the landowner or the caretaker and in our definition they are allowed to at least provide breakfast to the people that are staying there. CARR SMITH: Okay, thank you. I was wondering about it said a maximum 30 days stay. Is there a minimum stay as well or no? CAMERO: Not that I know of. If the applicant want to have a minimum 3 day stay for anyone that want to stay that she could do that or if she would allow a 1 night stay. There isn't a minimum for this. For short term vacation rental though there is a difference we do it is stated in the ordinance as well our Code that short term vacation rental is 30 days or less that someone is staying on the property. CARR SMITH: And this use permit required the applicant to notify the surrounding property owners, is that correct? CAMERO: Yes, that is. CARR SMITH: And they did that? CAMERO: Yes, they did that. CARR SMITH: Okay, and you had how many responses to that or testimonies. CAMERO: So, I had one written response from Mr. Au that was submitted to the department and I had a phone call from Ms. Joelle, she was speaking earlier in the testimony and then I did receive Mr. Chuck testimony yesterday. CARR SMITH: Okay, thank you, that's all I have. VITOUSEK: Commissioners is there any other questions for staff? VAN PERNIS: Raised his hand. 7 EXHIBIT C VITOUSEK: Commissioner Van Pernis? VAN PERNIS: One question, did the applicant at any time agreed to limit the B & B guests to 6 instead of 10? CAMERO: Unfortunately, I haven't spoke to the applicant about the guest numbers. I can speak to her and they are located in this meeting right now so we can bring it up to them if they are willing to decrease it to 6 as well. VAN PERNIS: My understanding is that your response to Mr. Au's complaint or letter I should say that the applicant responded by changing limited guests to 6 instead of 10. So, I'd appreciate it if you'll follow up on that. CAMERO: I will Commissioner Van Pernis. I don't remember seeing that so, I'll double check with the applicant. VITOUSEK: We can address that when the applicant comes forward and ask the question of them. KANUHA: Raised his hand. VITOUSEK: Commissioner Kanuha? KANUHA: Aloha, Commission. I have one question and it just came up and their saying is the applicant in process of dividing it and like you said a 6-lot subdivision, am I correct on what was said? CAMERO: Yes. The applicant did receive a Change of Zone in two thousand and two (2002) and she has been trying to comply with the conditions of the Change of Zone as well as she started the subdivision process in two thousand and four(2004). KANUHA: Thank you. VITOUSEK: Okay. NEWBERG: Raised his hand. VITOUSEK: Is there any other questions? Commissioner Newberg? NEWBERG: Thank you Chair. Has it been established through this application where the main access point is going to be, is it off of Mamalahoa Highway or is it off Leimomi or is left up to the discretion of the guests, is there a main access point established? CAMERO: So, there is a main access point right now off of Mamalahoa Highway. The applicant does have the option to use the Leimomi Street access. Her concerns did come about 8 EXHIBIT C when Department of Transportation (DOT) did provide comments as far as the access point from Mamalahoa Highway. DOT wanted to require the applicant to increase the driveway to approximately twenty-two (22) feet with 6 foot wide shoulders and at that time the applicant got the comment she didn't know if it was feasible to obtain the permit through DOT and work with DOT on that. So, she did request that she have the option to use the Leimomi Street access. The Director did recommend that we leave it open ended so that she could work with DOT at the same time and possibly keep the Leimomi Street. NEWBERG: Thank you. VITOUSEK: Commissioners, any other questions? Okay, I have one question for staff regarding the number of guests. I imagine this is a discretionary permit it's up to us so we can decide to limit the number of guests or is it a County regular ordinance that requires it to be 10? CAMERO: I apologize Chair, I skipped through Ellen's April 8h email where she did agree to limit the number of guests no more than 6. I apologize, so we can make that change in the recommendation. VITOUSEK: Okay, thank you. Any other questions from Commissioners, if not we will bring the applicant forward for their presentation. Okay, seeing none. Will the applicant please step forward, let's see, okay, please raise your right. Do you swear or affirm to tell the truth of this matter before the Leeward Planning Commission? KOIZUMI-DROGE: With hand raised, nodded, yes. KOIZUML With hand raised, yes. VITOUSEK: Thank you. Will you please state your name and the town that you live in. KOIZUML My name is Ellen Garver Koizumi, I live in Kailua-Kona. VITOUSEK: Thank you. KOIZUMI-DROGE: I'm sorry, I'm her daughter Fumi Koizumi-Droge, also Kailua-Kona. VITOUSEK: Thank you. Have you received the Background and Recommendation reports from the Planning Department? KOIZUML Yes, we have. VITOUSEK: Okay, do you agree with the Planning Director's recommendation including the revised conditions? KOIZUMI-DROGE: The revised conditions meaning, is that for the maximum occupancy to be no more than 6 people or. 9 EXHIBIT C VITOUSEK: It would include that as well as Conditions 1 through seven (7)that are established in the recommendation report. KOIZUMI-DROGE: The recommendation report, yes. Yes. VITOUSEK: Thank you. Please go ahead with your presentation. KOIZUMI-DROGE: I'm sorry. VITOUSEK: Would you like to make a presentation to the Planning Commission on your application today? KOIZUMI-DROGE: I'm sorry, I do not have anything in addition to what Ms. Camero presented to the Commission today. VITOUSEK: Okay, would you mind just telling us a little bit about the project and about what you are hoping to accomplish. KOIZUMI-DROGE: Yes, so, I had helped my mother with this application process. Essentially, she just has a house that is too large for her, alone, and she's retired but also in need of supplementary income. So, faced with her choices were apply for a B & B permit or possibly taking in a tenant and she felt that the least obtrusive would be to the neighborhood and to her own living would be the B & B path. So, she's going to be living there and she is going to be enforcing quiet hours. I will be living on the same property next to the B & B site as well so, our goal is to just to have a very quiet operation, minimized impact to the community but also secure some form of income for her to supplement essentially her retirement. I'm not sure if there is any questions that we can answer. VITOUSEK: Okay, thank you very much for the presentation. Commissioners if you have any questions for the applicant? VAN PERNIS: Raised his hand. VITOUSEK: Commissioner Van Pernis? VAN PERNIS: My questions were submitted in writing to the Commission staff and ask they ask those questions of the applicant with the exception of the last one which is now deleted. VITOUSEK: Okay, Tracie will you be asking the questions? CAMERO: Yes, I can ask the questions. Okay. VITOUSEK: Thanks. 10 EXHIBIT C CAMERO: So, Commission oh sorry. So, first question from Commissioner Mark Van Pernis. Have you ever applied for or received a STVR (Short Term Vacation Rental) for this property? If so, what was the result? KOIZUMI-DROGE: No, we never applied for a short term vacation rental permit. CAMERO: Second, oh. Commissioner Van Pernis do you have any question to follow up with that or can I, okay. Second question from Commissioner Mark Van Pernis. Was there a B & B operation on this property before the application? If so, for what periods of time did it operate? And if so, was there any penalty assessed? If so, what was the penalty? KOIZUMI-DROGE: There was no B & B business prior to the permit application. We've only had family members stay with us in the extra rooms and those family members have visited from Japan. But not a business B & B operation. CAMERO: Commissioner Van Pernis do you have any follow up question? VAN PERNIS: No, thank you. CAMERO: Okay, so question number 3, Commissioner Mark Van Pernis would like to know, do you know how many B & B's and STVR's both licensed or permitted and unlicensed or unpermitted are within a few miles of this property? Don't give names or locations,just the number. If you know, what is the number? KOIZUMI-DROGE: Just to clarify, what is the range that were talking about? There's one nearby that we know of but if you go further, I think there's several. But much further (giggle). Sorry, I'm thinking like Holualoa. CAMERO: Yeah, I understand. KOIZUMI-DROGE: Yeah, sorry. VAN PERNIS: Thank you, next question please. CAMERO: Okay, question number 4 by Commissioner Mark Van Pernis. Won't people coming to your proposed B & B from the airport use two lane Kai`iminani Drive and then two lane Mamalahoa Highway? KOIZUMI-DROGE: So, is the question if you are accessing our property from the airport would they use Kai`iminani and then Mamalahoa Highway? Yes. CAMERO: Yes, that's how he worded it. Okay. KOIZUMI-DROGE: Yes. CAMERO: Commissioner Van Pernis do you have any follow up? 11 EXHIBIT C VAN PERNIS: No. CAMERO: Okay. Question number 5 by Commissioner Mark Van Pernis. Don't Kona Coastview, Kona Highlands, University Heights, Makalei Estates, Koloko Mauka subdivision, other subdivisions, and many, many properties as well as traffic to and from Waikoloa and the Waimea area, use the two land Mamalahoa Highway near this property? KOIZUMI-DROGE: Yes. VAN PERNIS: No follow up. CAMERO: Okay, onto number 6. Sixth(6h) question from Commissioner Van Pernis. Hasn't the traffic on Mamalahoa greatly increased in the last few years, such that sometimes it backs up and sometimes it's very slow or stops? KOIZUMI-DROGE: I believe it depends on the time of the day so, if you're talking about the rush time roughly eight(8)to nine (9) in the morning and then later in the evening but very specific time, time frames. Yes, during those times it has increased however I don't think there is a significant increase in the other times. KOIZUML And by using Punawele Street. KOIZUMI-DROGE: No, Leimomi Street. KOIZUML Leimomi Street it will reduce the slowing down. CAMERO: Commissioner Van Pernis do you have— VAN PERNIS: No follow up. CAMERO: — okay, so onto number seven (7) question by Commissioner Mark Van Pernis. Has there been any traffic study or other work that you are aware of that measures what the traffic is in both lanes of Mamalahoa and measures or predicts what the effect the traffic on Mamalahoa Highway, what effect on traffic, what effect the traffic on Mamalahoa the proposed B & B would have? VITOUSEK: I'll just interject there we already know that there's no traffic study which has been conducted for this application so, it will be unnecessarily repetitious. Commissioner Van Pernis? VAN PERNIS: I'm aware that there is no traffic study done by this applicant but there have been traffic counting by the State on Mamalahoa. I'm asking for any traffic study "- - -" other words have they look into the State's several traffic counts there? 12 EXHIBIT C VITOUSEK: So, I understand you're asking if the applicant was aware of traffic studies done by the State? VAN PERNIS: Yeah, any other work that she is aware of. VITOUSEK: Okay. Okay, go ahead Ms. Koizumi you can answer. Are you aware of any traffic studies that have been done by the State that affect the area you are in? KOIZUMI-DROGE: We are unaware of any traffic studies by the State though we did receive a letter from the Department of Transportation (DOT) and their only concern was the access to be yeah to standard regulation. VITOUSEK: Okay, Commissioner Van Pernis I feel like a more appropriate party to answer that question could be the Planning Department. Would it be okay if we direct that question to the Planning Department as well? VAN PERNIS: Whatever the Chair prefers. VITOUSEK: Okay, Planning, any Planning Department staff are you aware of any traffic studies in the vicinity affecting, that could affect this location? CAMERO: So, I'm not aware of any traffic studies for this particular parcel like we just discussed. Based on our professional knowledge the traffic would be slightly increased but not significantly increased above that of just the current use of a single-family dwelling that is currently there. That's my knowledge for it I'm not too sure if there are other traffic studies done on some of the surrounding properties in the area. VITOUSEK: Okay, thank you very much. Commissioner Van Pernis any follow up questions? VAN PERNIS: Follow up questions except there are couple more that Ms. Camero can read. VITOUSEK: Okay. CAMERO: Okay, I'll continue. So, question number 8 by Commissioner Mark Van Pernis. How do you propose to keep access to the B & B on Leimomi Street, which the applicant says needs work? KOIZUMI-DROGE: I'm sorry, can you repeat the applicant said what. CAMERO: Needs work. So, how do you propose to keep access traffic to the B & B on Leimomi Street, which the applicant says needs work. KOIZUMI-DROGE: By directing our guests in the directions to the site that they are accessing through Leimomi. That would be the plan, we also have a gate at the top of Mamalahoa by closing that gate they would not be able to, the guests would not be able to access from Mamalahoa Highway. Does that answer the question? 13 EXHIBIT C CAMERO: Commissioner Van Pernis? VAN PERNIS: No follow up, thank you. CAMERO: Okay, I have number 9 is the last question by Commissioner Mark Van Pernis number 10 is scratched out. So, number 9 is the applicant willing to agree to a condition that all access to and from the property and the B & B shall exclusively be on and from Leimomi Street? KOIZUMI-DROGE: Yes. VAN PERNIS: Thank you, nothing further. KANUHA: Raising his hand. VITOUSEK: As a quick follow up on Commissioner Van Pernis's question relating to the needed improvements on Leimomi Street. Is there any needed improvements on Leimomi Street that need to be done prior to the use as the primary access for the property? KOIZUMI-DROGE: It was recently improved, the improvements finished I think after we submitted the application. VITOUSEK: Okay. KOIZUMI-DROGE: So, as it is right now there is no need for improvement. VITOUSEK: It's good to go? KOIZUMI-DROGE: Gave a thumbs up and nodded her head. VITOUSEK: Okay. KOIZUMI-DROGE: Yes, that's correct. VITOUSEK: Commissioner Kanuha, I see you have your hand raised. KANUHA: I just had one question in regards to like you said with the traffic going up to the B & B will the applicants with the 6 you know divided into a subdivision how many, how's the traffic going to impact Leimomi also as well as Mamalahoa Highway. KOIZUMI-DROGE: Is that in relation to the — KANUHA: It's in relation to the B & B, I'm just trying to get a consensus of what, what's going to be moving with application. I'm just asking. 14 EXHIBIT C KOIZUMI-DROGE: So, with the subdivision so there should be added use for the 2 properties that are proposed to be below. KANUHA: Below. KOIZUMI-DROGE: Yes. KANUHA: Oh, okay, I'm just trying to get a consensus of where all the traffic is going to flow into you know with that one easement being from Mamalahoa Highway and Leimomi accessing the property where all the traffic will be going through. VITOUSEK: Just to be clear, at this point we are only discussing the application for the bed and breakfast and not the subdivision. KANUHA: Yes, yes. I just for a consensus of what's going to be going through that property so, thank you. CARR SMITH: Raising her hand. VITOUSEK: Commissioner Carr Smith? CARR SMITH: Tracie, does a bed and breakfast use permit trigger a traffic study? CAMERO: Nodding her head, it doesn't specifically trigger a traffic study. CARR SMITH: Okay, thank you. Can the applicant answer what made you chose the 5 people per room? Is that how your beds are situated well it's a total of 10 people in 2 rooms so, I am making an assumption that it could be 5 and 5 but just curious how you chose the number 10. Thank you. KOIZUMI-DROGE: It was just in thinking about a family possibly and trying to have a maximum that would be open to a family but, like we said the 6 maximum would be fine with in regards to the concerns. CARR SMITH: So you're saying you are willing to switch that to 6. KOIZUMI: Yes. KOIZUMI-DROGE: Correct. CARR SMITH: Very good, thank you. KERN: Mr. Chair, if I may. VITOUSEK: Yes, Director Kern. 15 EXHIBIT C KERN: Thanks. Just in the definition of a B & B basically it's an accessory use of a single- family dwelling not exceeding 5 bedrooms with up to 10 guests. Once the guests count exceed 10 guests it moves more into a lodge or an inn type of a permit. So, it changes obviously just the B & B won't exceed it but, clearly can come from there. Thank you. VITOUSEK: Okay, Commissioners any other questions for the applicant? Okay, seeing none. Would someone be willing to make a motion that encapsulates the revisions that have been discussed to limit the number of guests to 6 and require the access off of Leimomi? NEWBERG: Raised his hand. VITOUSEK: Commissioner Newberg? NEWBERG: Thank you Chair. I'd like to make a motion to approve the Use Permit for application 21-000086 provided that the guests would be capped at 6 and that the 7 recommendations be met on Page 6 of the Recommendation sheet provided by the County. VAN PERNIS: Raising his hand. VITOUSEK: Commissioner Van Pernis? VAN PERNIS: I'd like to offer a friendly amendment to that motion being that as the applicant has agreed all access both guests and otherwise to the subject property be via Leimomi Street exclusively. This would mean the Mamalahoa access would be permanently gated and unused. VITOUSEK: So, I think where we are now procedurally Commissioner Newberg you've made a motion if you'd like to revise your motion in any way you can do that, but we would need to have a second on your motion in order to discuss it. NEWBERG: Yes, with all due respect to Mr. Van Pernis I think the suggestion is good but I'm comfortable with what has been proposed by the applicant that they will instruct their guests to access their property as guests through the Leimomi. My feeling is that the spirit of the motion presented would be acceptable and I hope you'll find it acceptable as well Mr. Van Pernis. VITOUSEK: Okay, with that we will request a second on the motion so that we can actually proceed to discussion. Is there a second? DEFRANCO: Raising her hand. KANUHA: Raising his hand. VITOUSEK: Commissioner DeFranco? DEFRANCO: Yeah, I'll second the motion. 16 EXHIBIT C VITOUSEK: Okay, it's been moved and seconded now we are able to have a discussion. My understanding is the motion indicates that we are going to reduce the size from 10 to 6 and that the remainder of these conditions will be left as is. Is that correct? Commissioner Newberg? NEWBERG: That is correct, thank you for clarifying. VITOUSEK: Okay, discussion? VAN PERNIS: Raising his hand. VITOUSEK: Commissioner Van Pernis? VAN PERNIS: First of all, I'd like to point out that the pressure at Kaiminani and the pressure on Mamalahoa would be alleviated by the bypass road which was fortunately built decades ago by a major Palamanui developer. We could use recently unanimously voted to further defer it shows all these applications and all these things that are in related in terms of traffic we can't look at one without the other. I think since the applicant here has agreed to all access being on Leimomi and considering the pressure on Mamalahoa I think it's safer and better as the applicant looks like she's agreed to limit access to Leimomi which is an improved street now going to the property. She can instruct her guests as Mr. Newberg says but if its enforceable or if it is a necessity that the guest must comply with the suggestion or request I think it's appropriate to amend the motion to add the requirement that all access be through Leimomi Street. DEFRANCO: Raising her hand. VITOUSEK: Commissioner DeFranco? DEFRANCO: Actually, I disagree with that. I think as an applicant I would keep them both open and instruct your clients or your people to go through Leimomi and I would like to say that because there was some testimony in a letter from somebody in that area concerned that all of the traffic would be on Leimomi and asking the exact opposite. So, that is sort of in reference to looking sort at the overall picture and down the road a bit. I think it would be fine to leave it both ways and instruct with the understanding that you would instruct people and I think it is even a safer idea to have both accesses available. VAN PERNIS: Raising his hand. VITOUSEK: Commissioner Van Pernis? VAN PERNIS: This is my district. I drive up and down Mamalahoa all the time during rush hour and other times and I would disagree that it's safer for a left-hand turn under this driveway is better than going on Leimomi Street. It's not safer in any effect and I know that personally as the public has that drives on Mamalahoa and since the applicant has agreed to that I don't see why it can't be part of the motion. Thank you. DEFRANCO: Raised her hand. 17 EXHIBIT C KOIZUMI-DROGE: Raised her hand. VITOUSEK: Okay, it's a point of clarification, I see that the applicant has her hand raised. One thing I would like to clarify. I believe the applicant stated that they would be willing to allow bed and breakfast traffic to be included as part of this condition but they did not agree to eliminate all access off of Mamalahoa which would include their own personal use of their property. Is that correct? KOIZUMI-DROGE: Responding by nodding her head up and down. VITOUSEK: If the applicant can unmute and please respond. KOIZUMI-DROGE: Yes, thank you that is correct. The understanding was that the B & B guests would be using Leimomi exclusively however, not us residents. We've lived here for — KOIZUML Forty (40)years. KOIZUMI-DROGE: —40 years and we never had an accident using Mamalahoa Highway as our access point. So, that was not part of the agreement. VAN PERNIS: Raising his hand. VITOUSEK: Thank you, that was my understanding as well from the testimony that was provided and personally, I would be in support of Commissioner Van Pernis's recommendation up to the point where it limits the owners from accessing their own personal property. I think if that if the conditions were reflected to limit the B & B guests were required to use access off of Leimomi I think that's providing a better example that would reduce turns off of Mamalahoa and reduce congestion while still allowing the owners to access as they traditionally have. I don't think that needs to be reduced here because we are reviewing the bed and breakfast permit and if what we are stating applies directly to the bed and breakfast permit, we could limit that access here and provide to address that issue. Commissioner Van Pernis, I see that you've got your hand raised. VAN PERNIS: Yes, I would modify my motion to remove amend according to what the Chair says such it's a limitation would be only a B & B guest to the use of Leimomi. NEWBERG: Raised his hand. VITOUSEK: Commissioner Newberg? NEWBERG: I do appreciate the communications regarding the seconded motion. My thoughts behind that is being that we have a well-established family here. I liked that they are willing to bring it more into a B & B that would be to the particular size of the existing household being 6 guests and I would rather implore that I take them at face value that they are going to ask that their guests for the first time arriving at their property would access through Leimomi. I think 18 EXHIBIT C that's a great way. I just don't want to add any hindrance to a property as let's say again being objective here that a guest stays 7 nights if there is according to the owner's perspective of their own property if they would want someone to travel mauka and let's say head to Kailua town from Kalaoa. That they would be going not against traffic but just easy into that lane. My only thought is I'll leave it up to the discretion of the owner in this case. We are looking at a multiple property situation or a subdivision at this time we are looking at what would basically interpret as a household on its own with the attendance of 6 guests. And I feel comfortable with as the motion was made but I'm willing to listen to more communications if there is a direct concern. I don't see it my thought is by having that hindrance it may unduly put a burden upon the property itself. I think anybody going to a property such as a B & B in Kalaoa is definitely going to listen to the directions given by the owner which has been stated by them several times in this application process that it will access through Leimomi. Thank you. VITOUSEK: I think that one of the things we are looking at here is the fact that the State Department of Transportation has put some pretty stringent requirements on the use of access to Mamalahoa as a condition for accessing the bed and breakfast off of Mamalahoa. Those conditions are at the point where the applicant is now saying I don't know if I can swing those improvements that are necessary in order to use access on the Mamalahoa and rather they would prefer to direct the access onto Leimomi. In the case that were suggesting where if there was an instance that hey, they got to get up and they got to use the mauka access technically they would have to have completed the improvements that are requested by DOT prior to allowing the bed and breakfast guests to use that so it kind of put us in a situation where we have a hard time enforcing those requirements if we are allowing it to happen both ways and not ensuring that the improvements had been completed. So, if the applicant is now saying that they do not necessarily intend to complete the requirements suggested by DOT for improvement of Mamalahoa, the access to Mamalahoa Highway but instead they are going to use Leimomi Street. I think memorializing that here and allowing them to use the access that they are provided will eliminate any future issues about inadvertent use of the other highway without the required improvements from DOT. NEWBERG: Raised his hand. VAN PERNIS: Raised his hand. VITOUSEK: Commissioner Newberg? NEWBERG: I do appreciate that final attachment with the State's requirements and suggested improvements. Mrs. Koizumi, are you open to having an amendment on this motion that would include all traffic of guests attending your bed and breakfast access through Leimomi exclusively? KOIZUMI-DROGE: Just to clarify. It's just the guests and not closing all access for residents? NEWBERG: As I understand it Mike is that how you are seeing this, they have an existing- 19 EXHIBIT C VITOUSEK: Nodding his head up and down. That's correct. I believe that's what Commissioner Van Pernis revised his recommendation. I believe that's what my recommendation would be that it applies only to the guests of the bed and breakfast and the use of the bed and breakfast and not to the ownership. CARR SMITH: Raising her hand. KOIZUMI-DROGE: Nodding her head, yes. KOIZUMI: Nodding her head, yes. VITOUSEK: Commissioner Van Pernis, oh, Commissioner Newberg please proceed. NEWBERG: Just want to follow up with that so I am getting an affirmative that the Kozumi's are open to the guests only having exclusive access through there. I just wanted to if I could maybe ask Commissioner DeFranco if she would be open to this amendment as well. DEFRANCO: Yes, yes, that's fine. I think that's a good idea. Thank you. Thank you for the clarification. VAN PERNIS: Raising his hand. VITOUSEK: Okay, Commissioner Van Pernis? VAN PERNIS: I would just want to point out that the applicants answered when I questioned said that their guests would come from Kaiminani from the airport and onto Mamalahoa. That would be a left-hand turn into the property if Leimomi Street is not used. As before any contact with the applicants to get instructions. I also want to point out that if people are coming up to Mamalahoa guests to engage in activities in Kailua or through Kailua town that there will be a left hand turns and that these left-hand turns will be very problematic for potential accidents and that's why Leimomi Street should be used exclusively by the guests. VITOUSEK: Thank you Commissioner Van Pernis. I think that's the motion that we have on the table for the purposes of the Planning Department staff would we like to restate the motion? Would that be helpful? CAMERO: Nodded, yes. NEWBERG: Raising his hand. VITOUSEK: Yes, okay. Commissioner Newberg please restate the motion as amended. NEWBERG: Thank you Chair. I would like to make a motion to approve the Use Permit application for application 21-000086, being that they limit their guests to 6 persons, comply 20 EXHIBIT C with the 7 suggested recommendations on Page 6 as well as using exclusive access for guests only on this property be by Leimomi Street. VITOUSEK: Okay, I think we can capture that in terms in form of a revision of Item 4, Commissioner DeFranco will you maintain your second of the motion? DEFRANCO: With her hand raised, yes. I second the motion. VITOUSEK: Any further clarification needed from Planning Department staff before we go to vote? CAMERO: No, not at this time not for me. VITOUSEK: Okay with that let's proceed with roll call. CAMERO: Thank you Chair. Vice Chair Newberg? NEWBERG: Aye. CAMERO: Chair Carr Smith? Commissioner Carr Smith I'm so sorry. CARR SMITH: Aye. CAMERO: Commissioner DeFranco? DEFRANCO: Aye. CAMERO: Commissioner Kanuha? KANUHA: Aye. CAMERO: Commissioner Van Pernis? You're muted Commissioner. VAN PERNIS: Aye. CAMERO: Thank you. Commissioner Vitousek, Chair Vitousek? VITOUSEK: Aye. CAMERO: Great, the motion carries six (6) to zero (0)with one (1) excused. Thank you. VITOUSEK: Okay, thank you to the applicant for your time today you'll be notified in writing of the decision appreciate it. KOIZUMI-DROGE: Acknowledge by waving. 21 EXHIBIT C KOIZUML Acknowledge by waving and smiling. VITOUSEK: Aloha. The hearing ended at 11:38 a.m. Respectfully submitted, Melissa Dacayanan-Salvador Secretary to Boards and Commissions 22 EXHIBIT C