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HomeMy WebLinkAbout2010-01-08 THERNANDEZ WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT JANUARY 8, 2010 CONNIE & MARCEL HERNANDEZ A regularly advertised hearing on the application of (SPP 09-89) was called to order at 9:05 a.m. in the County of Hawaii, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai‘i, with Chairman Rell Woodward presiding. COMMISSIONERS PRESENT: Rell Woodward, Dean Au, Takashi Domingo, Andrew Iwashita, Zendo Kern, and Wallace Ishibashi. STAFF PRESENT: Brandon Gonzalez (Deputy Corporation Counsel), BJ Leithead Todd (Planning Director), Margaret Masunaga (Deputy Planning Director), Phyllis Fujimoto (Staff Planner), Jeff Darrow (Staff Planner) and Maija Cottle (Staff Planner). And 23 people from the public in attendance. APPLICANT: CONNIE & MARCEL HERNANDEZ (SPP 09-89) Special Permit to allow the establishment of a naturopathic retreat center, which would include overnight guests, seminars, individual consultations, massage therapy, acupuncture, and educational tours on 3.111 acres of land situated within the State Land Use Agricultural District. The property is located along the north side of Highway 240 (47-4628 Honokaa – Waipio Road), adjacent to and west of Kapulena Subdivision, Unit I, Haukoi, Hamakua, Hawaii, TMK: 4-7-1:13. WOODWARD: We’ll start with Item No. 1, Applicant: Connie and Marcel Hernandez. Jeff? DARROW: If I can direct your attention to the presentation on the wall, our first applicant is Connie and Marcel Hernandez. This is a continued hearing from our November Windward Planning Commission hearing. The application is in the Hamakua District of Hawaii. It’s difficult to see the location of the application but it’s in this general area. I just wanted to give an idea overall of the particular zoning in this area. If you’ll look at the colors on the map, the darker blue is our Agricultural 40-acre zoning.And then you have some yellow and light green zoning which is Residential and Agricultural 1-acre. And, again, you have some yellow and a little bit of purple over by Kukuihaele. And this is actual Residential and a piece of Resort area over there. And then again this particular area is Agriculture. This is a closer view of the subject property.This road that’s running through the center of the map is Waipio-Honokaa Road. It’s a State highway. The property is identified with the blue outline. This is an aerial photo that kind of gives you an idea of what’s surrounding the particular request area. You’ll see that there’s quite a number of residential units in this particular area, as well as a lot of different Open and vacant Agricultural land on the outsides. 1 EXHIBIT A The applicant is requesting a special permit to legitimize the establishment or a naturopathic retreat center situated on 3.11 acres of land. This is called the Pacific Naturopathic Retreat Center. The facility will include a retreat center. There was a site plan that was submitted with the application. It’s referred to as Building A on the site plan.It has a large meeting, offices and kitchen. And I need to make a correction, this would be two bedrooms for overnight accommodations. There is a detached bedroom and a bathhouse identified as Buildings B and C on the site plan, these are for overnight accommodations, an herbal and vegetable garden area, fruit orchard, and meditation meeting and education area, as well as a parking area. The facility will offer the following: Health related seminars, these will include small gatherings of approximately 10 to 12 people focusing on topics such as balancing blood sugar with diet, using native, Hawaiian native plants as medicine, strong bones, etc., they would be held no more than twice a month. Health and wellness consultations, these would be more one-on-one types of consultations, and I believe they say that there will be no more than five people at any given time. Overnight accommodations, again, three units will be used for this with no more than four people. And, lastly, agriculture educational tours of the property, and they will be no more than one time a week for no more than 8 to 10 people at a time. They say no other activities would occur on site at the same time since the applicants would be leading the tours. This is a copy of the site plan. Again, we see Building A which is the main retreat facility. B is the owner’s residence; and C and D are the bath house and the one unit overnight accommodations. Some site photos. This is from the highway looking in. This would be the front parking area, and the entrance to the facility. The facility is just to the left there. This is an overall view of the property looking at the agricultural activity that’s occurring. This is, it was difficult to get a photo of the retreat facility so I just had to go where I had. This is the area where the seminars and the office consultations would occur. This is the bath house and this is the detached bedroom. The Planning Department’s recommendation is that the request be denied. The main reason is that the proposed request is not consistent with certain goals and policies of the General Plan and it should be located in an Urban core, such as Honokaa. We’ve had numerous submittals since our last meeting. A majority of them are letters of support. We’ve also received some building permit information legalizing, in the process of permitting the bath house and the detached bedroom. And then this morning we had received from the applicants a petition from their surrounding neighbors; and so I’d like to pass that on to you. With that, that concludes our presentation. Are there any questions? WOODWARD: The Commissioners have any questions for planning staff? IWASHITA: I have. WOODWARD: Commissioner Iwashita. 2 EXHIBIT A IWASHITA: When you started, Jeff, you mentioned that this was an application to permit a nonconforming, I forget the terms you used. DARROW: It was to legitimize, legitimize. IWASHITA: Okay. DARROW: And the reason for that is in the background report you’ll see a reference to under background information, a warning letter and a notice of violation that was issued. So this was an activity that was occurring. Our inspectors had received a complaint and had gone out and handled the complaint with the warning letter and the violation notice. And the applicants have shut down the business and submitted the special permit application. IWASHITA: Just a follow-up? WOODWARD: Yes, go ahead. IWASHITA: So I guess in my going through this I didn’t see any objection from any, everything has been pretty much in support though since? DARROW: In regards to letters? IWASHITA: Yes. DARROW: Correct. IWASHITA: Okay. So I guess my impression is that whoever made the complaint is not complaining anymore? DARROW: Uh -. IWASHTIA: Okay, thanks. WOODWARD: Commissioner Au. AU: Jeff, you mentioned that there were two structures that are currently trying to get permitted? DARROW: Correct. AU: Okay. And what would that be, that’s the bath house and the bedroom, the detached bedroom? DARROW: Correct. The plans are in that letter that you’re referring to there. WOODWARD: All right, any further questions? Commissioner Domingo. 3 EXHIBIT A DOMINGO: Thank you, Mr. Chairman. Jeff, have you folks made any site inspections on this particular application? DARROW: Yes. Both Maija Cottle and myself had conducted a site inspection of the property. DOMINGO: Is there adequate parking for the number of guests that they anticipate working with at any one time? DARROW: At this time, the parking that we had observed was in this particular area. We didn’t, because the owners weren’t present at the time we didn’t just go all over the property; and I’m not sure if this particular area is constructed or it’s going to be constructed. But if this area is available for parking that would allow for adequate parking for the facility. DOMINGO: I’m just wondering, could you go back to the previous picture that you have, you know, on the right where you have the car parked in the garage. DARROW: Correct. DOMINGO: It’s abutting the boundary of the adjacent property? DARROW: I believe it is. That’s why we think that they would need to make some changes there. DOMINGO: So apparently then the back parking lot has not been built yet. DARROW: At this time if we could defer that question to the applicant, maybe they can be more clear on that answer. DOMINGO: Okay. DARROW: Thank you. DOMINGO: I’d just like to mention for the benefit of the Commissioners, I live down the road and I pass there every day. And, you know, it just happens that when you have in mind the fact that you will be entertaining such an application then you feel obligated to see whether all these representations made in the application can, in fact, be met. So I’d just like to let you folks know that I live down that area. Thank you, Mr. Chairman. WOODWARD: Thank you, Commissioner Domingo. Any further questions? Okay, if we could call the applicant and/or their representatives up. All right, if you’ll have a seat. And first I need to swear you in. If you’ll raise your right hand. Do you swear or affirm to tell the truth today before the Windward Planning Commission? MIKKELSON: I do. 4 EXHIBIT A HERNANDEZ: I do. WOODWARD: Very good, okay. If you’ll use the microphone; and before you begin your testimony give us your name and address for the record. You’d like to begin? MIKKELSON: Sure. My name is Lori Mikkelson. I live at Laupahoehoe, Post Office Box 291, Laupahoehoe. And I’ve been working with Mr. Hernandez for quite some time to get this resolved, some issues resolved, and move forward to a permit. WOODWARD: Okay, thank you. HERNANDEZ: My name is Marcel Hernandez; and I’m the applicant. WOODWARD: Very good. All right. Would you like to begin your testimony, sir, or -? MIKKELSON: Yes, I would like to. WOODWARD: Okay. MIKKELSON: I would like to possibly start off by addressing the concerns of the Planning Director regarding the area and the use and the relocating it to an Urban area. Mr. Hernandez, Mr. and Mrs. Hernandez purchased this property as part of their dream to create the center; and part of the center is to heal people and to teach people meditation. And the serenity of the property and the surrounding area and the ocean are more conducive to what the outcome that they’re looking for, rather than a urban center where they would not have the serenity that they want. So that’s my main thought about this. He has got a lot more to say. His heart is certainly in it, but that would be my observation. WOODWARD: All right. Any questions from the Commissioners? No? Okay, you may begin sir. If you’ll give us your name and address and then start away. HERNANDEZ: Thank you. My name is Marcel Hernandez. I’m the applicant. I’ve live on this property at 47-4628 Honokaa-Waipio Road. We bought the property ten years ago and it was a falling down property. Both buildings on the property including, three buildings, including the carport, were falling down. And we rebuilt them. The property had been abandoned and was being used as a crack house. And so we got the people out of there and bulldozed the property, and put in our herbal gardens and sustainable agriculture. My wife and I are both Hawaii licensed naturopathic physicians; and we bought this property. Before we bought the property I went to the Tax Department and found out the names of all the owners in the area and called them all up and asked them how they would feel about having a doctor in the area consulting with patients and doing a retreat there. And everyone welcomed me and said we’d love to have you here. And before this week, before coming here, obviously, I went around and knocked on those doors of everyone that was home for three afternoons. And everyone that I spoke to was very enthusiastic, as the signatures on that petition would indicate, and really wanted us to be here. I didn’t find one neighbor that said I don’t want you here, I’m 5 EXHIBIT A not going to sign. I did find neighbors that said that other people had been by to ask them to sign a petition against me and against the permit, and they had refused to do it because all my neighbors within a quarter of a mile that I had spoken to have supported the project. You probably have in your packet some letters of support and I’ll just read a couple of excerpts from those. One of the concerns was about traffic, and this person says, “I think the traffic would be minimal, the nature of the retreat center is quiet, with little or no impact to the surrounding property owners.” There’s, to the Honokaa side of us on the road there where the property is, it might be termed by anyone passing through as downtown Kapulena. To the Honokaa side of us there’s already a property with a special permit for a school, and to the Waipio side of us is the old Hamasaki Store. So, and across the street from us is the old Buddhist School. And so it is kind of a little downtown, if not commercial, area. This person says, “I appreciate that the County regulates the land use. It protects us all. I do think however that the nature of this permit would be protecting the integrity of the neighborhood and would be a benefit to those seeking the care of the Hernandezs. I hope you’ll agree.” Another person says, “All of the Kapulena residents we know of feel that our community would benefit from the services of the Drs. Hernandezs.” Another writer says, “The writers of the General Plan could not have foreseen Hawaii’s current economic woes. Supporting home occupations can support the island’s economy, and also support the health and well-being of the people in the Hamakua District. And the arrival of one or two automobiles an hour will not impact the property.” Another person says our, “Plans are modest and would add greatly to the health and well-being of the community.” And another person says, and these are all within a quarter of a mile, “As a close neighbor of theirs, we do not feel there will be any negative impact to the area from the use of their property as a natural health clinic, we feel that the use is very much in keeping with the spirit of the agricultural zoning, since one of the features of a clinic of this sort is the environment of nature – fruit trees, flowers, fresh air, and so forth. Also, it has proven valuable on more than one occasion to have a practitioner of naturopathic medicine close by.” Obviously these are my patients, this person is one of my patients. “And we would be sorry if the Hernandez family were not available as a neighborhood resource.”And that is actually a fact because we cannot make a living in this area on the island. It’s very difficult for us. My wife is not here because she has to be on the mainland making living. Admittedly we were in violation when we were seeing patients there before and having small educational seminars. And as soon as we received the notice of the violation we shut down completely. And five more people went looking for new jobs and new places to do things, an acupuncturist among them, a massage therapist and a counselor among them. Our intention is not to alter the agricultural focus but to enhance it, by emphasizing what is already there and teaching people, school children, visitors to the area, about what can be done in sustainability 6 EXHIBIT A and how to take care of yourself from the land.And all we’re asking for is permission to run a small cottage business, not to alter the agricultural nature. If you, the photograph of the property that Mr. Darrow took shows what we have done there. Because when we bought the property there was cane grass 20 years old. You could not walk on the property. We had to hire, I started weed whacking it with a blade, 3 acres weed whacking, the cane grass that was 18 feet tall. I went about two weeks and I said I can’t do this. I finally rented a bulldozer. I was trying to protect the permaculture of the land by not bringing in a bulldozer, but I had to do it. Our intention is to serve the community. And, again, we’re right on the road in what is downtown Kapulena. And we only, my wife and I only ask for this opportunity to continue to serve the community. Without being able to do so would force us to perhaps consider options to living on the island or leaving Kapulena for certainly, for certain where we have a community of friends and patients and supporters that would like to see this fly. Again, I thank you very much for this opportunity.This is proof that the system does work; and whatever the outcome of your deliberations I am prepared to live with that. Thank you. WOODWARD: Thank you. Do we have any questions for Dr. Hernandez? Okay, seeing none, you two may be seated. We do have a -. AU: Well, excuse me, I have a question. WOODWARD: Oh, excuse me. Commissioner Au, go ahead. AU: You know, you say that you want to service the community. And I see that you are submitting a plan, you did submit plans and you are in the permitting process of these two new dwellings. You are running a business and you do serve patients. Like what, could you just explain to me what condition your patients are in when they are seeing you; and, you know, if they are in a bad condition, is your facility ADA compliant? HERNANDEZ: That’s part of the -. What Lori Mikkelson told me was that we have to achieve ADA compliance. And I don’t know whether it’s in the plans that you submitted how we’re going to do that. MIKKELSON: No, no. HERNANDEZ: Okay. Yes, so we have talked about that. It isn’t that current; and one of our good friends is in a wheelchair that lives in, one of the people who wrote this letter is in a wheelchair from polio as a child and he supports us entirely, especially when we told him and we showed him how we’re going to make it ADA compliant. We don’t do procedures at our place like any medical invasive thing, what we are as counselors. So a typical patient that would come to me, we have, I have a number of Hawaiian background people with diabetes and heart disease that I’ve treated in the past, for example. Those are two big things. Nutrition, we counsel on nutrition. Again, everything that we talk about is natural since I am a naturopath. And so it’s noninvasive, nonphamaceutical medicine that we practice and mainly counseling. But we see everything from babies with ear infections to people in their eighties or nineties that are having 7 EXHIBIT A trouble remembering things. We work conjunctively with the conventional medical community, with cancer patients and multiple sclerosis. I say conjunctively because we’re not allowed to work by ourselves with cancer patients. We have to perform adjunctive care. And we help people through chemotherapy, and we have people that survived chemotherapy with their hair and still increase the effectiveness of the chemotherapy. So that’s the kind of work that we do and we hope to continue to offer to our patients and friends in the area. WOODWARD: Any further questions? Commissioner Iwashita. IWASHITA: The, let’s see, I guess my question is about the plan you submitted. It’s not clear to me if we’re going to consider allowing this use how to physically limit the area. Normally in a special permit situation when you have a larger lot like yours the, in your case your naturopathic services would be limited to a certain area. So would that be -? In what area would that be? HERNANDEZ: Oh, okay. In the building that two bedrooms are in that we would like have for overnight guests, on the downstairs of that, that’s a two-story building. The upstairs has a large meeting room, two bedrooms and a kitchen; and the downstairs has an office space, what used to be our office when we practicing naturopathic medicine there. IWASHITA: So that would be the figure labeled A on the drawing in your application? HERNANDEZ: I’m -. MIKKELSON: That’s correct. HERNANDEZ: I’m sorry, Mr. Iwashita, I don’t have that. IWASHITA: Is that correct? MIKKELSON: That’s correct. IWASHITA: Okay. And just to that, B is, B is the residence that you live in, is that correct? HERNANDEZ: Yes. IWASHITA: Okay. MIKKELSON: Also, sir, one of the things that is important to remember is that they intend to use their grounds as part of their meditation and their ecotourism, and their education for growing and utilizing the herbs that he has there. So they will be out on the grounds, the clients and the patients. There’s a beautiful spot where they sit and overlook the ocean for meditation. It’s overlooking the bluff. IWASHITA: Thank you. 8 EXHIBIT A WOODWARD: I had one other question and this had to do with environmental management and health concerns with regard to the cesspool. Evidently the cesspool now is only connected to the dwelling. HERNANDEZ: There are three cesspools, Mr. Woodward. WOODWARD: Oh, there are? HERNANDEZ: Yes, sir. WOODWARD: Okay. HERNANDEZ: One cesspool serves the, our house where we live, my wife and I. The other, another cesspool serves the guest facility, proposed guest facility. And the third cesspool serves this detached bedroom. WOODWARD: Okay. Cause there was a comment that if all those dwellings and buildings were connected to one cesspool that would not fly because it would be a gang cesspool. MIKKELSON: Yes. WOODWARD: Okay. MIKKELSON: As these were, they were existing when they moved in. Except for the detached bedroom and detached bath, they were there. We are prepared to work with an engineer and do whatever the Health Department requires. Typically with commercial ventures they would require a septic system and we could do that. We just were waiting to hear the outcome. WOODWARD: Okay. Any further questions? Commissioner Iwashita. IWASHITA: One of the references in the recommendation is, talks about the Community Development Plan process that is just beginning in Hamakua. And as all of my fellow Commissioners know, CDP is basically one of my pet things. And my preference would be that this be addressed through the CDP process.You know, so I want to get your thoughts about doing it that way. MIKKELSON: Well, as Mr. Hernandez and his wife have been at this for all these years to prepare for he said their dream, they would prefer to push forward and move with the special permit. IWASHITA: I understand that but I guess, and I, well, it was interesting to note that when you were inquiring about buying this property that you went and talked to your neighbors and so forth about what you intended to do. What you didn’t do was check out what was legal to do. So, you know, and I’m not sure why that was. Right? But the bottom line is that under existing laws, you know, you can’t do what you started out doing. So, again, the CDP process to me is one where the community can get involved and all of your neighbors can support what you want 9 EXHIBIT A to do in that process. And it’s more a political process because it’s out there in the community. There’s a steering committee, there’s going to be little discussion groups in your community and others up and down the Hamakua coast. But in the end you can define what you want for Kapulena and that area, as well as Honokaa and Laupahoehoe and all these other areas. So I really think that that would be, and I know it’s going to take a long time to get there, but in my mind it’d be better than, you know when we do all these special permits, and we’ve done in my five years on the Commission we’ve done more than several, you know, my sense always is that we’re spot zoning; and that’s essentially what it is because somebody comes in and say I want to do something on Ag land that’s not allowed. Right? It’s basically, but it’s unusual and it’s reasonable so you ought to let us do it. And so we do it on that basis. But my preference is that it be done in a more systemic way. And so I was, you know, I just wanted to get a sense of, I understand the urgency and the time thing, but I guess in the big picture as far as my perspective right now, you know, when you bought the property you should have known what was allowed and what wasn’t. So, you know, you’re asking us to do something special, different. Right? Thank you, Mr. Chair. WOODWARD: All right, thank you, Commissioner Iwashita. Any further questions for the applicant. No? All right, well, we have four people signed up to testify. So if you folks could have a seat please and we’ll call the four people who’ve signed up t testify. Cheryl Green, if you all would come up and have a seat at the table, Marcus Bachino, Sue Loewenhardt, and David Pettus. I hope I didn’t butcher the names too badly. All right, if we can get you all to swear you in. Raise your right hand, please do you swear or affirm to tell the truth today before the Windward Planning Commission? TESTIFERS: I do. WOODWARD: All right. Let’s begin. Cheryl Green signed in first so let’s begin with Cheryl Green. If you’ll give us your name and address and then you may begin your testimony, Ma’am. GREEN: My name is Cheryl Green and I live just around the corner on Velez Road, right off of the highway. So I’m here as a neighbor in support, and I want to say I strongly support both Drs. Hernandez in acquiring this special permit. I have been before this Council (sic) before and in the past I have not really approved other requests because I didn’t feel they were right for the community. But this one is different. Dr. Hernandez gives the people in our community an alternative to western medicine, just as north Hawaii Community Hospital does for Waimea. Both doctors have a proven track record and have counseled many people in the community, both local and kamaaina. I have a very good friend who has survived cancer because of their work. I’m not used to talking in front of people so I’m little nervous. The impact of this center will be minimal given that Waipio Road has 200 to 400 cars daily going to the lookout; and these are tourists, these are not locals or kamaainas, they’re tourists. And this is a center dedicated to our local community. I am a farmer in the community as well as own another business. But I just want to say that they have been here for a while, they have brought a lot of good to this small community. And, furthermore, just up the road you all approved a special permit for Cafe’ iL Mondo which is a restaurant which is not necessarily, you know, following the General Plan. And I do believe that I wanted to address Mr. Iwashita about 10 EXHIBIT A the CDP because I’ve been to many CDP meetings. And what it is is the neighbors getting together and talking about what they want in their specific area. And as you can see by the permit, I mean, I’m sorry, by the petition that was sent around the neighborhood, we want this. We want this in our neighborhood. We, you know, we don’t necessarily want gas stations, we don’t want all these other things.But this is an alternative just like they have in Waimea. We, not all of us want to go to western doctors.And so I really hope that you can support them in this. And I know the Planning Department is saying it’s not necessarily, you know, what they recommend. But I think if you listen to the neighbors and you understand the minimal impact that they’re going to have that it really is in keeping with the CPD and the General Plan. So thank you and I really, really hope you will support them. WOODWARD: All right, thank you, Ms. Green.Do we have any questions for Ms. Green? Commissioner Iwashita. IWASHITA: Can you give me some idea of, I guess, percentage wise or some way in terms of the, you know, I see all these letters. Is that one-tenth of the community, one-twentieth of the community? GREEN: Actually I think it’s more like 75 to 80 percent of the people right in that general Kapulena Camp. You know, there are two sections of the Kapulena Camp and then around up on Velez Road where all, you know -. We don’t consider Kapuelena Orchards necessarily part of our main group right there. But I would say it’s 75 to 80 percent of the neighbors are in support. IWASHITA: Of those three areas you described? GREEN: Yes. IWASHITA: Okay, thank you. GREEN: Okay. WOODWARD: Okay, any other questions? All right. Marcus Bachino. BACHINO: I live on the main road there from Honokaa to Waipio. WOODWARD: Okay. If we could get you to give your name and address first. BACHINO: Sure, Marcus Bachino, sorry, and -. WOODWARD: Okay, and your address? BACHINO: It’s 47-4710 Waipio Road. WOODWARD: Okay. 11 EXHIBIT A BACHINO: And I’m not sure what I can add other than from what everyone else has been saying tonight, or today rather. We were there in the very beginning when Marcel and Connie purchased the property. And from the pictures you saw, what the property looks like now is completely different. Both houses were a total wreck. They completely cleaned up the property, planted hundreds of trees and planted many, many other flowering bushes and taken real god care of the property. I’ve had the privilege to be able to work on the property throughout the years that he has been there. And there’s, again, there has been a tremendous amount of work, and he has really put a lot of time, love and energy into the place. And I believe from knowing them for so long, knowing what they want to do, they just want to share this area with people, to show them what is possible, what people can do, not only with the land but with themselves as far as their healing, as far as their, to educate them to show them there is another way of living, a more natural way of living, and for, for them just to be able to share that, the property and view with those who come to them for actual healing. I think that’s it. So if there’s anything I can add please -. WOODWARD: Thank you, Mr. Bachino. Any questions? Okay. Seeing none, Sue Loewenhardt was next. If you’ll give us your name and address and then you’re free to begin. Your name and address first and then begin your testimony. LOEWENHARDT: Thank you. My name is Susan Loewenhardt. I live at 44-3333 Kalopa Mauka Road in Honokaa. I’ve know the Hernandezs for several, for a long time, I don’t want to say several months, for a long time, more than several months. And I kind of met them by accident. I have three physicians, sorry, they all recommended me going to them. When I first met them I was close to being diabetic. I had high blood pressure and I had high cholesterol. My cardiologist who is James Lucas has an office in Honokaa and he said I urgently needed help. And these people gave it to me; and I consider myself one of their success stories. I’ve never been there where it has been crowded. If I’m there, there’s one car there, that’s it. It’s never noisy. It’s not a resort. It’s just, you go there and you feel really good. I’m sorry, sorry. I wholely support this group and I hope you’ll give them a special use permit cause they certainly deserve it. And it doesn’t, I don’t see any traffic there, it’s not noisy. I’ve never, it’s just a very peaceful place to go. And they’ve helped me tremendously; and I hope you understand that and support this group. WOODWARD: Thank you. Do we have any questions for Ms. Loewenhardt? Okay, now, seeing none, Mr. Pettus. PETTUS: Thank you. My name is David Pettus. I live at 47-383 Velez Road, just around the corner and up the road from Mr. and Mrs., Dr. and Mrs. Hernandez, the Doctors Hernandez. And I know it’s easy enough to just be going through life blithely trying to do what seems to be the right thing at the time and then suddenly find that you are not in compliance with one law or regulation or another. And in this case I think we could say that just about all of us, I can’t think of an exception, I can’t think who wouldn’t say that they are glad that Marcel and Connie Hernandez did not check in advance to find out if there were regulations that would make it complicated for them to commence the kind of work that they’re doing. Because if they had known this they might not have and our community would then be poorer. So we’re grateful that 12 EXHIBIT A they didn’t know and that they blundered ahead. And our community is now better off by their being there. I know they’ve served my wife, me, our children and many of our visitors who’ve come who have gotten sick on the airplane ride coming over here. And often I know that when they’re dealing with people who don’t have deep pockets they just don’t demand payment. They’re truly good people doing good things. And the community overall is well served and grateful for the fact that they just blundered in and started. And we hope that they’re not required to stop. I know that the area is zoned Agriculture, Agricultural, and I’m certainly in support of invigorating the health of agriculture on the Big Island. That really needs to happen. We need to be more food self-sufficient. But, looking at the Hernandez’s property, to expect that property to be used in a commercial way for Agriculture is pretty unrealistic. And, in fact, the use that they’re making of it, they’re moving ahead farther in sustainable agriculture than anybody else in the neighborhood as far as I can tell; and they’re also educating their clients, their patients, about how to grow their own foods, how to eat healthfully. They even have given us seeds and starter plants to help us with our own agriculture, with our own home gardening. So I think that the agricultural interests of the island are actually well served by what they are doing. So I just wanted to come because I know everybody who submits an application of this sort has to state that they’re doing a good thing and that they should continue. All of us here obviously thought that it was important that you see flesh and blood people from the actual neighborhood who can say the presence of the Drs. Hernandez has been a gift to the community. We hope you won’t take it away from us. Thank you. Oh, one other thing too, we’re very grateful to the County for supporting a community development plan for Hamakua. This is very important. My wife and I have been involved also. It would be just grand for this matter to be incorporated into a CDP if that would not stop the Drs. Hernadez from being able to continue their service in the meantime. WOODWARD: Thank you, Mr. Pettus. Do we have questions? Commissioner Iwashita. IWASHITA: Yes, thank you, Mr. Chair. Mr. Pettus, I just wanted to ask you if you agree that the amount of supported letters that we’ve gotten is at like 75 percent, or in your estimation what amount of the community supports this or, based on what we actually received? PETTUS: I would say that the support is widespread and if not universal close to universal. I don’t know of a single exception actually. IWASHITA: Well, the person who complained. PETTUS: Oh, well, then there’s one. I don’t know who that is, but I feel that the acceptance is broad. I would agree 75 to 80 percent at least. IWASHITA: Thank you. Thank you, Mr. Chair. 13 EXHIBIT A WOODWARD: Okay, thank you. Any further questions? All right, seeing none, you all may be seated. Thank you very much. Would anybody care to make a motion on this regard? IWASHITA: I have a question. WOODWARD: Yes. IWASHITA: I guess this is of the Director.If the Commission is going to consider approving this special permit application, what conditions would the Director suggest? LEITHEAD TODD: If the Commission is considering approving this I would want to limit the number of people that could be accommodated on a particular date. I would want to limit any of the overnight accommodations because, you know, they’re asking for in addition to, what they’re asking for is health-related seminars, offices for health and wellness consultations, overnight accommodations for health retreats and education, and educational agricultural tours. I don’t have a problem with the educational agricultural tours. I have some concern about the overnight accommodations for health retreats, cause I’m not hearing that that was what has been already occurring. I’m hearing that there is some consultations but this sounds like an expansion of what’s going on. And if this has already been going on then I have some concern because of, you know, what numbers of people would that be involving and what impact that would have if this is above and beyond. The community seems to be saying, oh, there is never any traffic, you know, there’s no impact. But when I see overnight accommodations for health retreats that sounds like that’s more than just a couple of people coming to the house. IWASHITA: And so in the background report what is proposed is small gatherings of 10 to 12 people, I guess, sounds like a little seminar. I guess that would be just -.This says no more than twice a month in one of the rooms in the facility and on weekends, mainly on weekends. So is that specific enough to limit that particular use? LEITHEAD TODD: I think if you had some numbers like that that followed their application that, you know, small gatherings up to 10 to 12 no more than twice a month and that maximum guests on site for services would be five people at any given time, which is what’s in their application, then I would feel more comfortable. IWASHITA: And as far as the overnight accommodations? LEITHEAD TODD: Four people IWASHITA: Right, it’s limited to four. Is that an amount acceptable? LEITHEAD TODD: That’s consistent with what we’ve done with bed and breakfasts. IWASHITA: Okay. LEITHEAD TODD: So, you know, that would be acceptable. My biggest concern about this was expansion of, you know, commercial and urban types of uses outside of Honokaa town. 14 EXHIBIT A And that’s because you have, and typically when we look at special permits it’s in areas where you don’t have an urban area, when you don’t have land where you can situate facilities. And when I looked at this, I wasn’t looking at this in isolation. My biggest concern was whether this would be setting, the more special permits you grant the more difficult it is to deny the next one that comes along. And so my concern was in the process of doing the CDP and the fact that you have an Urban core in Honokaa, whether this was an appropriate time to be approving something outside of that Urban core. I grant that this is a relatively small enterprise, that it’s relatively small in numbers. Until now we really didn’t have a feel for whether there was support in the community for it. Because, you know, when we issue our notices of violations it’s based on someone in the community who’s unhappy with the use and who is complaining. And we have no indication whether it’s just one person or whether it’s the entire community. It looks like from the testimony today that there’s some general support, and at least that the level of activity that has been existing is not of concern. I guess the question I have is whether what is being proposed is over and above what is already being done on the property. And I would want the Hernandez’s to respond to that perhaps. IWASHITA: Okay. So maybe then we’ll recall the applicant? WOODWARD: All right. Yeah, maybe we could ask Dr. Hernandez to come back and just address that specific question.You’ve already been sworn so you’re good to go. If you’ll just, the Director had a question of whether the application that you’ve submitted is for things in addition to those services which had been in the past performed. HERNANDEZ: No. Everything that we listed on our proposal is what we’ve done in the past except for the overnight. And the overnight facility, the reason for overnight is that we teach, I don’t know how much you want me to go into it, Director, but there is a process by which behavior is changed, and you can’t take it and do it in one consultation. If someone comes in that has a sugar addiction, if we have them for three, four or five days under our care we can teach them and counsel them on a daily basis on how to break a sugar addiction. It can’t happen in just a one hour visit. So that’s one of the reasons for the small number of people who we’d want overnight. It would not be any expansion of what we were doing illegally before, which we have suspended as soon as we received our notice of violation. I would also add that I don’t know if the person who complained, if the complaint is within our community, because I’ve knocked on every door of everyone that was home on three different days. So one of the people, one of my neighbors across the street said that a person from either Papaikou, or I think it was Papaikou, had actually gone door to door and tried to get them to sign a petition against me; and no one in the neighborhood would sign the petition against me. So I don’t know if that complaint was from the neighborhood itself actually. LEITHEAD TODD: I just don’t want to go down the road of granting this and your neighbors to be surprised that what you actually do is different than what you’ve been doing; and that’s my biggest concern. Cause their support is based on what they’ve seen of your operation. And so I want to make sure that what you actually, if the Commission is inclined to approve the special 15 EXHIBIT A permit that what you continue to do is the same low level activity that has not had an impact on your neighbors. HERNANDEZ: I give you my word that that’s true. WOODWARD: Let me just ask you then if you, if we were to consider approval, are the conditions that have been discussed, such as limiting the number of people, number of overnight stays, are those all acceptable to you? HERNANDEZ: Absolutely. I’m 67 years old, I have no desire to start an empire. I’m looking at a relaxed lifestyle utilizing the skills and knowledge that I have in the community. Thank you. WOODWARD: Okay. Sounds like you’ve got a good head up on being right sized. So that’s wonderful. Okay. Do we have any other questions? IWASHITA: Mr. Chair? WOODWARD: Yes. IWASHITA: What about other standard conditions normally applicable to these situations? LEITHEAD TODD: I think the standard conditions should be included. IWASHITA: And would the applicant be aware of those or do we need to make them aware of those at this time? LEITHEAD TODD: Mr. Darrow. DARROW: We have our, if it’s okay with the Commission I can briefly discuss a few of our standard conditions. WOODWARD: Yeah, I think it would be a good idea because then we’ll need to make sure that Dr. Hernandez is comfortable with these. DARROW: Sure. Our first condition would be our standard condition: The applicants, successors or assigns shall be responsible for complying with all stated conditions of approval. Our second condition would be based on the Department of Water Supply comment letter dated st October 21 where they’re asking for water calculations to be submitted. So we would have our standard water calculation condition which reads, “Prior to the issuance of a water commitment by the Department of Water Supply the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer and a water commitment deposit in accordance with the Water Commitment Guideline Policies to the Department of Water Supply within 180 days from the effective date of the permit. Their concern was that their only, they have only one meter now that allows for 400 gallons per day, but they want to make sure that the usage would not go beyond that; otherwise they would need an additional unit. 16 EXHIBIT A We would have our standard, in this case because the facility is constructed already we would have a plan approval condition that would say the proposed retreat facility shall be established within, we could say, one year from the effective date of this permit. Prior to establishing the use the applicant shall secure final plan approval from the Planning Director in accordance with the Zoning Code, Sections 25-2-71(f), 25-2-72, 25-2-76 and 25-2-77. Plans shall identify all existing and proposed structures, parking areas, we probably should make it paved parking areas in relation to the medical facilities. In regards to the parking area for the Ag tourism in the back that probably can remain graveled, it’s my understanding in speaking with Daryn on this matter. There still is the question whether or not that back portion is currently there or if it still needs to be constructed. HERNANDEZ: Shall I answer? DARROW: Sure, that would be great. HERNANDEZ: It’s to be developed. DARROW: Okay, thank you. DARROW: Okay, thank you. Let’s see, the proposed retreat facility -. FUJIMOTO: Including the Landscaping Rule. DARROW: Including landscaping, Rule 17. Thank you, Phyllis. I kind of stopped actually. Proposed structures, paved and gravel parking areas, access driveway and landscaping associated with the proposed use. There is a concern regarding the connection to the Highway. They usually want to see a paved apron there. So there might be a condition relative to complying with any requirements of Department of Transportation for access. In this particular manner, we could either say they comply substantially with their representations made in the application, or we can identify specifically what those were as far as limits. Would you rather go the one condition saying they comply with the representations made? WOODWARD: That’s satisfactory to me, if it’s all right with the Director. DARROW: Okay. This would be a condition that would state, “The proposed retreat facility and all its related facilities and activities shall be conducted in a manner that is substantially representative of the plans and details as contained within the application for special use permit,” and then we would have the date of that application. Our standard conditions regarding archaeological, you know, any archaeological sites. 17 EXHIBIT A Comply with all other applicable laws, rules and requirements of affected governmental agencies. And then as regards to an annual progress report, usually in these particular smaller operations we don’t require it. But it’s a condition that you can discuss. And then our standard initial administrative extension condition that allows them an administrative time extension for any condition that has a time on it. Daryn also had made mention that we might want to include a requirement that the applicant obtain and finalize all building permits for unpermitted structures as seen in the submittal from the applicant, that they are in the process of doing that. WOODWARD: All right. IWASHITA: Mr. Chair? WOODWARD: Yes, Commissioner Iwashita. IWASHITA: And then would there also be the, for the overnight stay the bottled water requirement, or is that not necessary? The applicant has a -. HERNANDEZ: We, as you might suspect from a naturopathic, we have an extensive high grade filtering. We’re on County water and we have a high-grade filtering, not only coming into the house but also a point of service as well, if that’s acceptable. WOODWARD: All right, very good. And the only thing you mentioned was some kind of reporting requirement as being optional? DARROW: Correct. But, I’m sorry, I had one more. WOODWARD: All right. DARROW: Department of Environmental Management also asked for the standard solid waste management plan condition that would be submitted prior to plan approval. WOODWARD: All right. Yeah, I would say that probably since this has been an on-going enterprise even though it wasn’t permitted, didn’t have a special permit, I would opt to not go with an annual reporting requirement. That would just be my recommendation. Are you comfortable with all these boilerplates that we just threw at you? HERNANDEZ: I would need to, I won’t remember it. Hopefully I’ll get it. WOODWARD: Okay. But there’s nothing that you find that’s objectionable? 18 EXHIBIT A HERNANDEZ: No. WOODWARD: Very good, okay. We’ve taken care of all of that. Do we have a motion? IWASHITA: Mr. Chair? WOODWARD: Commissioner Iwashita. IWASHITA: Thank you, Mr. Chair. In regard to Item No. 1 agenda, Connie and Marcel Hernandez, SPP 09-89 special permit to allow the establishment of a naturopathic retreat center which would include overnight guests, seminars, individual consultations, massage therapy, acupuncture, and educational tours on 3.111 acres of land, etc., I move that the application be approved together with the conditions previously set forth on the record. KERN: Second. WOODWARD: Any discussion? Commissioner Domingo. DOMINGO: Thank you, Mr. Chairman. I think I’d like to be satisfied for myself and in respect to the Planning Director’s recommendation for denial and in deference to her action -. I would just like to mention that one issue that we need to really settle in our minds is whether in fact the request is in conflict with the General Plan; and if we should approve this special permit what it would entail and what would be involved with us in future applications of similar uses. Now, you know, I respect the recommendation, I respect the Planning Director. And I must say that, as I look at this application and as I review others which have come before us in which we have made some modifications with regards to the recommendations of the Planning Director, we had gone contrary to what she was recommending. This, too, I would like to just mention that, you know, certainly it does not conform to the requirements of the General Plan with regards to commercial uses and its types, and in actuality where it would be best suited for; and as stated in this recommendation that, you know, it should be, it would be more appropriate if it was located in the Honokaa town area. And I think this is a primary negative factor to which our denial should be based on. And I just would like to mention that, again, you know, we are looking at a special permit application. And all those lands along Kapulena although they, most of the lands in Kapulena, although they have urban type of uses with respect to residential homes being situated near each other -. The so-called main downtown area of Kapulena is where this place is situated. I live across the gulch further down. And there also is another so-called, at that time plantation used to situate their homes in different areas, and they were called camps; and I lived there. And I bought a portion of property adjacent to one of these camps and, therefore, my property is more than an acre and a half. And it’s beyond, it’s beyond the boundary of 500 feet where residents affected by an application should be notified. That’s why I haven’t heard anything about it from the very beginning. And I’m not taking offense to it because it was done in compliance with the requirements and the laws as set forth in the General Plan. 19 EXHIBIT A Now what I’m seeing here is that, you know, I understand that agricultural zoned lands permit certain kinds of uses but it has to go through uses, though a special permit application. If I recall several years ago, in fact, there was a permit application above my property where I live in Kapulena; and it was a good use, a use which would stand in line with the use as suggested by Mr. Hernandez, and there were a lot of people who were supporting it. But, unfortunately, there weren’t more people supporting it and expressing it than those who, there were more people who were against it than those who were for it. And I think the property, the applicants at that time decided not to continue with the application. I was totally in support of it, and I was not a member of the Planning Commission at that time many years ago. But for this particular issue, like all other lands in Kapulena it’s agricultural land, agricultural parcel; and when we consider special permits it should be based upon, yes, it is unusual use on an agricultural land but a reasonable one. And using the reason for denial based on the General Plan I’m not too keen about it. I support this use because it may be interpreted as a permitted use on agricultural property, a reasonable use for such an agricultural designation, unusual but reasonable. And I look at the number of people who signed the petition, most all of the addresses stated in the effects to their signature are those individuals who live in the surrounding, immediate area of this parcel and those who live along the Waipio Highway going towards Kukuihaele. And, you know, I’m impressed with this petition. It could have been sent and placed in Kamuela or in downtown Honokaa at the supermarket where anyone and everyone who comes through the supermarket or in Kamuela shopping could have signed it. But the concentration here is to gauge whether or not there are people within the surrounding area would seriously, you know, with a positive approach to it, support such a use as that is being described here. And for that reason, you know, I commend the applicant for taking this approach. It was nothing that was used to, or was nothing or sort of a threat or to indicate that there we have signatures of over 500 people supporting it. But here we have people who live there, who have been living there for a number of years, those who came here and lived here several years, they decided to live in Kapulena for reasons stated in the presentations made by the applicant, and those who live in the surrounding area. And for that, you know, I would base my full support on it, of course, with the attached conditions as mentioned here by the staff. I appreciate the work the staff has done. You know, they look at it from a planning perspective. I think we as Planning Commissioners often look at applications based on what or how it will impact upon individuals who use the services, upon people who live in the surrounding communities. And I find that here in this application to be very strong and I would support the motion. Thank you, Mr. Chairman. WOODWARD: Thank you, Commissioner Domingo. Commissioner Ishibashi. ISHIBASHI: Thank you, Mr. Chair. Thank you, Mr. Hernandez, thank you. And thank you all the witnesses that came forward today. It’s very important that we learned that lesson, that through your community support you can make changes. I come from Kapulena. My family was born and raised in Kapulena so -. It’s a very special place, very healing. And your business and your services that you provide to the community is conducive of the land that you’re on. It’s a healing, it’s a healing land. And that’s why I support this. And I’m glad that we had the 20 EXHIBIT A opportunity to change this decision and pass this as favorable. So I support this. And as long as you’re agreeing to everything that is there, we’d support this change. Thank you. WOODWARD: Thank you, Commissioner Ishibashi. Any further comments? Commissioner Iwashita. IWASHITA: Thank you, Mr. Chair. I just wanted to express on the record that, you know, I fully share the Director’s concerns about precedent and granting special permits. And I think my record reflects that. In terms of past voting on other applications, I would venture to say I’d probably have the highest number of, no, I don’t want to allow this special permit. That’s not to say that I prevailed. But I do share that concern. You know, my perspective always sitting on the Commission is that, you know, we need to protect the process, the planning process, and that’s General Plan, Community Development Plan, and so forth as I expressed earlier. In this particular case really the precedent concern I think is minimized for me because of the large amount of community support, you know, for what you’re doing, Dr. Hernandez; and that in the past that has been, if anybody is listening to me, that has been a key factor in whether a special permit is granted. So I just wanted to make that clear on the record. Thank you, Mr. Chair. WOODWARD: Thank you, Commissioner Iwashita. If I might add my two cents worth. Sometimes good things happen that don’t exactly fit our pigeon holes, that’s why we’re here. If it wasn’t, if everything would neatly fit in little pigeon holes there’d be no use for us. And this is one of those situations where you’ve come in, you’ve improved the lot, you’ve actually, from what your neighbors say, have done a better job of diversifying the agriculture on your property, and sustainable agriculture, than a lot of your neighbors and have definitely contributed to the community. And that’s -. So I would support your application. And, again, I think that’s why we’re here, cause good things sometimes do happen that don’t exactly fit the pigeon holes that we try to put them in. Any further comments? Commissioner Au. AU: Thank you, Rell. I do want to express my concern. I do support this special permit; but, you know, everyone in this room, especially on this Commission, has a loved one that has had cancer or needs that type of help. I just want to make it on the record that I do support it. But I want you to make sure that, to remind you that, you know, you are 67 years old, and can you take care of these people. And, you know, I did mention before ADA accessible. I just want you to keep that in mind. And I believe in what you’re trying to do. And I believe in what you’re doing, but please keep that mind. WOODWARD: All right, any further comments or discussion? Okay, Jeff. Will you take the vote, please. DARROW: Thank you, Mr. Chairman. The motion before us is to approve this special permit with the conditions stated on the record. With that I’ll take the roll call. Commissioner Iwashita? IWASHITA: Yes. DARROW: Commissioner Kern? 21 EXHIBIT A KERN: Yes. DARROW: Commissioner Au? AU: Yes. DARROW: Commissioner Domingo? DOMINGO: Aye. DARROW: Commissioner Ishibashi? ISHIBASHI: Aye. DARROW: And Mr. Chairman? WOODWARD: Aye. DARROW: The motion passes six to zero. WOODWARD: All right. Thank you, Dr. Hernandez. You’ll be notified in writing. Thank you very much. And thank you to the members of your community for supporting you. HERNANDEZ: Thank you. The discussion ended at 10:21 a.m. Respectfully submitted, Sharon M. Nomura, Secretary Windward Planning Commission 22 EXHIBIT A