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HomeMy WebLinkAbout2021-12-16 Leeward Exh H (Item 10 Cravalho REZ) LEEWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT DECEMBER 16, 2021 A regularly advertised hearing on the application of DWAYNE CRAVALHO (REZ 21- 000248) was called to order at 2:44 p.m. via live stream online meeting, with Chairman Michael Vitousek presiding. COMMISSIONERS PRESENT: Michael Vitousek, Barbara DeFranco, Clement"CJ" Kanuha III, Mahina Paishon-Duarte, and Faith"Faye" Yates ALSO IN ATTENDANCE: Dalilah Schlueter, Esq. (Counsel for the Commission), Jean Campbell, Esq. (Counsel for the Planning Department), Jeffrey Darrow (Deputy Planning Director), Zendo Kern (Planning Director, from 3:27 p.m.), Tracie-Lee Camero (Planner), Maija Jackson (Planning Program Manager), Christian Kay (Planner), Jessica Andrews (Planner), Eric Cook(Planner), and Noriko Sauer(Commission Secretary) APPLICANT: DWAYNE CRAVALHO (REZ 21-000248) Application for a Change of Zone from an Agricultural-20 acres (A-20a) to a Village Commercial-7,500 square feet(CV-7.5) zoning district for approximately 7,544 square feet of land. The subject property is located at 55-479 Hoea Road, at the northeast corner of the Hoea Road/Akoni Pule Highway intersection, Ka`auhuhu, North Kohala, Hawaii, TMK: 5-5-009:019. VITOUSEK: Okay, we can proceed with that. Applicant is Dwayne Cravalho. Application for a Change of Zone, REZ 21-000248, application for a Change of Zone from Agricultural-20 acres (A-20a) to Village Commercial-7,500 square feet(CV 7.5) zoning district for approximately 7,544 square feet of land. The subject property is located at 55-479 Hoea Road, at the northeast corner of the Hoea Road and Akoni Pule Highway intersection, Ka`auhuhu, North Kohala, Hawaii, TMK: 5-5-009:parcel 19. Staff presentation will be done by Tracie Camero. CAMERO: Hi, thank you so much, let me just share my screen with you folks. Can you all see my screen? VITOUSEK: No, let's see. Okay, yep, got it. CAMERO: Okay. So, as the Chair mentioned Dwayne Cravalho is coming before the Leeward Planning Commission for a Change of Zone from Agricultural-20 acres to Village Commercial- 7,500 square feet zoning district for approximately 7,544 square foot property. The subject property is located at 54-479 Hoea Road located in the North Kohala district. As I mentioned earlier, the project area is situated within North Kohala district found on Hawaii island. On your screen, you can see the subject property is outlined by a red flag. It's more specifically within the Haw! area, the white line traveling in an east west direction is the Akoni Pule Highway and you have the North Kohala Mountain Road which runs in a south to north direction on your screen. 1 EXHIBIT H The applicant is requesting a Change of Zone from Agricultural-20 acres to Village Commercial- 7,500 square feet zoning district for the 7,500 square foot land. The applicant stated reason for the request is that due to the convenient and visible location at the western edge of the Hawi town commercial core. The applicant desires to establish a similar commercial use on the property, however, the limited size and awkward configuration of the subject parcel limits the scope and type of commercial structures and uses that could be placed on the property given typical setback requirements, parking requirements and wastewater disposal requirements. Given these limitations, the applicant does not have any specific plans at this time to develop any permanent structures on the subject property. Thus, he is seeking a Change of Zone to allow for the operation of this proposed food truck. Before you have the County's zoning map for the subject property. The subject property is outlined in red, and the County's zoning for the subject parcel is Agricultural-20 acres, as indicated by the green color on your screen. You can see that the Ag zoning also extends into a remnant lot"J", which is located between the subject property and Akoni Pule Highway. The surrounding properties located to the east of the subject property are zoned Village Commercial- 10,000 square feet as shown on your screen as CV-10 and is indicated by the light purple color and also continues along the Akoni Pule Highway to the east. Properties to the north and west and further south are zoned Single Family Residential-15,000 square feet as shown on your screen as RS-15 and indicated by the goldenrod color. Further north on Hoea Road is a county base yard which is zoned Limited Industrial-20,000 square feet as indicated by the gray color. This is the State Land Use Boundary Map the subject property are outlined in red on this map. The State Land Use designation for this property is Urban which is shown in the pink color. As you can see, the entire property is within the State Land Use Urban district, as well as the surrounding properties are also within the State Land Use Urban district. Before you have the General Plan Land Use Pattern Allocation Guide Map also known as the LUPAG. The subject property is outlined in red and while the LUPAG map shows that the subject property is located entirely within the Low Density Urban also known as LDU designation. Given the broad nature of the LUPAG which is not parcel specific and the CV-10 zoning and the Medium Density Urban also known as MDU LUPAG designation of the parcels within the Hawi commercial core, which is directly adjacent to the east. The Director has determined that this parcel is similarly located within the MDU designation, and that Hoea Road is the most western extent of the Haw! town. Medium Density Urban designation typically allows Village and Commercial Neighborhood Commercial and Single Family and Multi-Family Residential and related functions up to 35 units per acre. On your screen, you have an aerial view of the subject property which is outlined in red. This subject property is again located at the northeast corner of Hoea Road with Akoni Pule Highway. Properties immediately adjacent to the east and extending back into Hawi town and along the highway are also zoned CV-10 and support commercial uses. The properties directly adjacent to the east is the home of the North Kohala Community Resource Center also known as the Kohala Welcome Center and the property directly adjacent to the south is the remnant Lot"J", which is owned by the State. The County highway maintenance operation is located in this area to the north and the subject property is currently vacant of structures, however, there is an existing 2 EXHIBIT H structure that was constructed on the adjacent parcel to the east that is currently extending to the subject property by approximately 5 feet. This is the applicants proposed site plan that was submitted with this Change of Zone application. This is just a conceptual site plan if the Change of Zone is approved the applicant is proposing to develop an open area able to accommodate at least one food truck with temporary seating and eating area while using portable tables and chairs. Additional proposed improvements would include construction of a paved driveway, access to Hoea Road, a minimum of 2 car paved parking area and installation of a spigot for potable water needs and the use of a portable toilet. On the screen before you, you have a view of the subject property from Akoni Pule Highway facing north. The subject property is located within this area if you can see with my mouse, that is fenced off. As mentioned, the triangular lot is adjacent to a remnant Lot"J"which currently has a Welcome to Kohala sign, which is located in this area, as well as paved area located on the right of your screen. This is a photo of the remnant Lot"J" looking east on Akoni Pule Highway taken by staff on a site visit. Akoni Pule Highway is a State owned and maintained highway and extends as far from Kawaihae and South Kohala to Hawi, Kapaau, "- - -", North Kohala. This is a photo of Hoea Road, the subject property is located to the right and Hoea Road is a County maintained roadway with roughly a 20-foot-wide segment and unimproved shoulder within approximately a 40-foot right away. The General Plan does describe minor collector roads, such as Hoea Road as local streets used within commercial and industrial areas and requires a minimum right-of-way of 60 feet. Based on that a condition requiring a 10-foot future road widening from Hoea was added in the proposed conditions that the Commission have received. At this time, the Planning Director is recommending a favorable recommendation be forwarded to the County Council for the Change of Zone Application No. 21-248. We did receive an additional 22 letters of testimony in opposition to the proposed Change of Zone so there are some that were included in the background report, as well as accidentally 5 others that would have been forwarded to the Commission "- - -". That concludes my presentation, and I can turn the floor back to the Chair. VITOUSEK: Mahalo, next we have the applicant. Would you please raise your right hand, so I can swear you in. Do you swear or affirm to tell the truth on the matter now before the Leeward Planning Commission? ARAI: I do. CRAVALHO: I do. VITOUSEK: Mahalo, would you both please state your name and the town that you live in. ARAI: My name is Daryn Arai, I reside in Hilo. VITOUSEK: Aloha Daryn, longtime. 3 EXHIBIT H CRAVALHO: Dwayne Cravalho, I reside in North Kohala. VITOUSEK: Mahalo. Have you received the background and recommendation reports from the Planning Department? ARAI: Yes, we have. We have both read it and appreciate the Director's favorable recommendation as well as the proposed conditions of approval. VITOUSEK: Okay,please go ahead with your presentation. ARAI: Thank you very much, Chairman Vitousek and members of the Leeward Planning Commission. I know it's been a very long day for all of you and, as usual the staff gave a very thorough and detailed presentation. So, given the late time of day I will dispense with summarizing the project once again. But I will kind of focus more on the issues. The applicant again understands the many concerns that are being expressed by the community. Many of them are totally understandable, a few of them we believe are unfair and sometimes very personal. The property itself, as you can see, during the presentation is like a piece of remnant. This odd piece in a"—" surrounded by residential and commercial uses. The property itself is boarded on two sides by roadways and the last remaining side bumps up against commercial lands directly behind it. So, it almost is like an infield type of situation where the current request is just to zone the last remaining piece of property so it's consistent with the directly adjoining property right beside it. The property is small, the property is awkwardly configured which really limits opportunities of what can be done on the property. There was mentioned in testimony about maximum of 5 homes being place or 5 residential units being placed on the property. But when you think about the standard requirements of things like onsite parking, wastewater disposal systems all of that bites into the amount of land area you can actually utilize for commercial uses. So that is why the food truck option was in the applicant eyes, the most reasonable and less impactful. It is a temporary type of situation it doesn't necessarily result in permanent vertical improvements upon the property. Obviously, the applicant hope that the food truck operation will be successful, but if it's not successful, it simply goes away. Again, and that is why he thought that this was the most proper type of use for this particular piece of property. Regarding impact mitigation. We heard the concerns from the community. It focuses on lack of adequate parking. We mentioned in our previous response to the Department that the applicant will look at squeezing in as much parking as possible into the overall design of the site to accommodate the food truck. And he is willing to start off with just one (1) food truck in order to make sure that he can responsibly manage the operations on the property and provide sufficient onsite parking to accommodate the traffic generated. The operator will also look at using advertisement and social media to try to convey to the customers that parking should be on the property and not along the adjacent roadways. He's been talking about maybe getting rid of the portable table that are being contemplated that way it would reduce the amount of time that people linger on the property basically converting it to just pick up and go. 4 EXHIBIT H Finally, we appreciated the Director's proposed Condition H, which emphasizes and obligates the applicant to provide all customer parking on site and so hopefully that provides an additional level of reassurance to the community. There were comments about the unsightliness of the portal potties. If the applicant eliminates the onsite dining opportunities, then maybe we can reduce it to just I porta potty for the operator of the food truck. Possibly putting some sort of fencing or screening around it so it's not readily visible from the highway and adjoining properties. We also believe site distance concerns at the intersection of Hoea Road and the highway is unfounded because the State Department of Transportation didn't raise any concerns regarding site distance nor did the County Department of Public Works. Regarding Hoea Road, we believe that the pavement width is adequate to accommodate the proposed use. The driveway we will work with the Department of Public Works to make sure the driveway is as far away from the Hoea Road and Akoni Pule Highway intersection. And finally, we believe the road is adequate for the level of traffic anticipated because if the county baseyard can safety navigate Hoea Road then we assume that the customers of this proposed food truck operation can do likewise. So, in conclusion the request is really about the applicant being able to utilize this 7,500 square foot property assuming opportunities no different than the adjoining commercial properties next to it. The applicant has demonstrated in communication with the Department of his efforts to reach out to the community or organizations to address some concerns that were raised. Unfortunate there has been to date no really constructive response to our effort. As we presented today and in past communication every effort is being made to reduce the scope and the scale and to provide options on how to respond to the community concerns. The applicant was born, raised and continues to live in North Kohala, and he is a Kohala boy really just trying to find a reasonable opportunity for himself and his family and hopefully benefiting others in the community as well. So, with that said, he is lifelong resident he would never do anything to harm the fabric what makes for his town of Kohala so special and therefore, we ask the Leeward Planning Commission for its favorable recommendation for the rezone and with the conditions provided by the Planning Director. With that we stand ready to answer any questions you may have. VITOUSEK: Mahalo. Commissioner Yates? YATES: Good afternoon, I have a question. I'm very familiar with the place you are talking about. I am a resident of Kohala. So, I know exactly what you're talking about and so I do have a concern because on that property there because I understand that Mr. Cravalho bought that little section there and fenced it off. So, there's a house behind it next to it, or I don't know how they access their property. I know at one point in time that there was some other person that used to come and have like a barbecue truck, but I guess they had permission, I don't know. But they use to sell Huli Huli I think. But after you purchased the property, then they no longer had them. As far as you say adequate parking, there is no adequate parking there not with the Kohala Community Resource Center and Hoea Road you certainly can't park on Hoea Road without blocking the view. So, a lot of what you said is not actual and I'm sorry to say that because like I said I live there. We go by there all the time, there is no adequate parking and porta potties is the worst, worst, thing. We know how those porta potties work. So, I'm surprised that you even considering a porta potty. I'm surprised that even considering food and tables there. So, I'm 5 EXHIBIT H sorry I am not in support of that, and I don't know what else to say, but that area is not large enough to do what you're saying you want to do. ARAI: Thank you, we appreciate your comments, and we hope that we have demonstrated at least some reasonable efforts to address your concerns and I know, probably at this point, you know we're not able to convince you otherwise. But please understand that we did take those concerns seriously, which is why I worked hard with the applicant in really trying to find what other opportunities or solutions that could be offered. I honestly can't think of any other mitigating option short of simply not doing anything. We continue to believe that this is something that is reasonable and we're just trying to find the right option. YATES: You know, how Kohala, let's say right in front of the Resource Center. Maybe you can park three(3) cars, maybe four (4) cars. So, I'm not sure how you folks are saying that you can have a food shop there, and people are going to stop there, and people are going to eat there, maybe they don't have to eat there. But it is definitely the way it is right now it's definitely an eyesore because of the triangular fence that Mr. Cravalho put up there, so that everything's overgrown now. I know that you said that the County went by and took pictures there but, for the most part it's pretty ugly with all the grass and stuff growing there. So, that's another concern. If we're talking about being community minded and then at least cut down all the weeds, show us that you do care about the community. ARAI: Mr. Chairman, do we, oh I'm sorry — VITOUSEK: Commissioner DeFranco? DEFRANCO: I appreciate your endeavor of what you're trying to do, I think, food trucks are great. But I can appreciate what Faye is sharing with us, but I would like to look again at a slide that shows me where you're going to park. Now I understand you're talking about taking away some of the picnic tables and one of the food trucks. So maybe by adjusting that you actually might have parking. Can someone put up a slide so I can understand where the parking is, can you show us a picture of two parking spaces? CAMERO: Yes, I can. Let me just get my computer backup I apologize I got kicked out again. DEFRANCO: Oh! CAMERO: Sorry, so let me just get it back up for you all okay. DEFRANCO: I can also appreciate trying to figure out what to do with a piece of land like that. It's an unusual size and I think you're being very creative in your thinking, and I think when you look at all the zoning around you, I can understand why a zone change. We could consider that because of the zoning all around you. But I think too that we have to understand how you would park it, how it would actually work, how you could actually make this work and certainly from what they described it's a bit of an eyesore now so it would be lovely to see some improvement made. 6 EXHIBIT H CAMERO: Let me share my screen with you now. DEFRANCO: Okay, thank you. CAMERO: There you go. DEFRANCO: Oh, looking at this map. Like you've got portable toilets and not sure that they have to be positioned exactly there. But certainly, if you moved some of the tables and one of the food trucks you may have room for parking spaces it looks like. "- - -" you have a truck that you're planning to put there or is it something that you rent a space out to a food truck? ARAI: I'm sorry, I think there was some talking over "- - -" question. DEFRANCO: The question is, do you yourself have a food truck or are you are you doing so you can rent a space for the food truck? ARAI: The applicant intends to make it available to operators of— DEFRANCO: Food trucks. ARAI: He is currently not a food truck operator. DEFRANCO: Right, so if there was a redesign there, and you did I food truck and 2 tables and move the porta potties you might have room for 3 parking spaces. I'm not an engineer, but— YATES: You don't have room. Tracey— DEFRANCO: I'm asking them to tell me. What they say. YATES: Sorry. VITOUSEK: Yes, let's keep it in order. Commissioner DeFranco,please proceed. DEFRANCO: I want to hear about they mentioned something about changing some of the design of this actual design we're looking at to accommodate with the community at some of the complaints or concerns that the Community has had. One of them is about the portable toilets, and one of them is about parking spaces. ARAI: Right, thank you Commissioner DeFranco. So, in my in our presentation we indicated starting off with I food truck and really trying to see how we can optimize the design of the property to squeeze in as much parking as possible working in coordination with the County. Because the County must approve the location of the food truck, the parking configuration, the access all of that must be approved by the County before the site can be utilized for any commercial type of activity. I also mentioned that because of the concerns raised by the community, the applicant Dwayne is willing to abandon any onsite hanging opportunity basically putting up no tables and no chairs, so people who go there basically is pick up and go. And with 7 EXHIBIT H less people lingering on the property, all you need is probably just 1 porta potty just for the operator of the food truck and he was willing to provide some sort of screening or relocating it a matter that will be less visible to people along the highway. For example, so again, this is just purely a concept and there still needs to be discussions with the agencies and with the Planning Department to make sure that the parking and is—yeah, go ahead. DEFRANCO: I'm just wondering if you want to defer this so that you guys get a little better drawing for us, and maybe go over there and clean up the site so the community feels better about it. That's my only comment. ARAI: We appreciate those comments, maybe now's the right time for the applicant, Mr. Carvalho to really explain why the property was fenced. CRAVALHO: The reason the property was fenced was the food truck that you mentioned GJ's that was on the property was on that property without my permission. The Resource Center or Ray Fukada, the owner of that adjacent property let them be on my property, even though I told him not to. So, that was the beginning of the fencing job on that property and then the upkeep of the property fell on the waste side because every time I was on that property I'd be confronted with"Why are you doing this and you should be doing this for the community, and you should give this land to us". That's why the property looks as it is, I did cut down some trees because they were a hazard as they were falling on Hoea Road couple trees that were there. But that's the reason that the property is such a mess. I want to go over there. I was going to hire somebody to clean it up, but I've got confronted numerous times by Ray Fukada and the Resource Center. So, I just don't want anybody else to have that happened to them. I apologize, but that's why the property is like that. DEFRANCO: Thank you. VITOUSEK: Any other questions? Commissioner Paishon-Duarte? PAISHON-DUARTE: Thank you. What is your estimate for say the application is approved, and you move forward, you're successful in making the improvements and so forth, and you're running your food truck business? My question is what's the estimated max users that will be on property at a given time? CRAVALHO: Well, if there's no seating and people just come in and pick up normally what everybody is doing nowadays is they call in an order and then they just pick it up. So, we're talking about I don't know I go by what"- - -" above by the Kohala Hub and there's like 5 people sometimes, a few cars, it just depends on what time of the day. Some people come in early to pick up their lunch, they call it in because it's more convenient, so you don't have to wait. It all depends on what time of day; it is convenient to call in and pick up. Less contact with people now. PAISHO-DUARTE: Thank you. My next question is so if you folks are not going to be having picnic tables and those type of amenities on site. Do still intend on having a porta potty available? 8 EXHIBIT H CRAVALHO: Well, I thought it was just nice for somebody to come over and they can use the bathroom, it's convenient as there's no restrooms there or anywhere or it's for anybody to use it and it would be convenient for the operator of the food truck. PAISHON-DUARTE: Sure. Sure. CRAVALHO: That is what is used for. PAISHON-DUARTE: Sure, thank you. I guess from another perspective my question, my wonder is like who's going to be maintaining the porta potties. Is that going to attract more tourists that will stop because they see a lavatory or restroom available for use and the traffic congestion that potentially could induce. Also, in our current times living with COVID is just questions about overall public health and safety as well. ARAI: Maybe I'll actually jumped in. If porta potties really it was done as a matter of convenience not only for those visiting the property, but also for the operator. But if it's really that significant a sticking point then I'm not aware that a porta potty is a requirement of the Department of Health, we'll double check. But if it's not a requirement, then maybe the option is to simply just don't put it there. If it is that much of a sticking point regarding this proposal. Same thing with the fencing and I understand why the fencing was there but if it's maintaining and if that is necessary to demonstrate some commitment by the applicant. Then maybe he'll go and start knocking down some weeds to provide some assurance to the community that he can do the right thing. But part of this is when you try to bring value to the land then along with it goes things like maintaining it. When you have a food truck site, you want to make it visibly pleasing. But in the end of the day, we're talking about is this the proper land use designation for this outlined piece of property that is currently zoned for agricultural uses, and I will argue, yes. Because then, if you basically say no, then it remains agriculture and is that the proper land use pattern and we think it's reasonable to go to a commercial zoning. Anyway, I'm hoping I'm making myself clear but he's willing to do what is necessary to provide some assurance that he will be a good steward of this piece of land. VITOUSEK: Commissioner DeFranco? DEFRANCO: I see the food truck across the street on the road near the High School and there's no porta potties there and so I'm feeling that a porta potty if it's an eyesore it's a problem for the people in the neighborhood is something that maybe you shouldn't have part of your plan. I think part of your plan was to make it nice and convenient and to do some kind of screening, so it was a pretty porta potty. But it sounds like you have to listen to the neighborhood too what people are thinking and feeling and you are very visible right there in the corner. Anyway, I don't think it's required myself at least the food trucks that I see don't have porta potties thanks to them. 9 EXHIBIT H KANUHA: No, but, Commissioner DeFranco, I believe going through it and owning restaurants and I own a bunch of different things, I believe the Department of Health if you do have seating and people are eating at your establishment, especially on that property, there has to be some sort of lavatory I believe so. That's a question I would ask Mr. Cravalho too if everything went through and there was a food truck there, and there was open seating would they be able to put in actually a waste treatment, septic system into that property to where there are bathrooms that are enclosed and is not an eyesore like a porta potty. DEFRANCO: CJ, I have a place near my business in Kaloko Light that they serve food to go and there is no bathroom there for those people and they all take food, and they go, and they eat outside themselves. VITOUSEK: Maybe that's a question that can be answered by the County is that— KANUHA: Yes. VITOUSEK: — an answer for that question. KANUHA: I believe when you have seating. VITOUSEK: Go ahead. DARROW: So, Commissioner Kanuha is most likely correct in the sense that this is commercial zoning. A lot of these food trucks just drive around, and they park wherever they're going to park. They're not coming in for any type of approvals from the County there's no oversight. What's being proposed here it's not a food truck it's a Change of Zone to commercial zoning. When they come in for plan approval, which is required under Condition C, they're going to have to go through the review which will include Department of Health(DOH)review. In the past when we had food trucks come in under Plan Approval, they've been required to meet some sort of DOH requirement for wastewater. This is a smaller lot so there might be some concerns regarding wastewater system being put in, there are variances that DOH can consider I'm not sure if that's something that will happen in this particular case. But most definitely I'm sure that if a food truck is coming in for Plan Approval that they will require most likely a porta potty or some sort of wastewater system. Since I'm talking about this now, there are some. Commissioner DeFranco brought up a good point and that is the site plan that we're looking at based on conditions of approval has significantly changed. We're looking at a future road widening setback of 10-feet up Hoea Road. We're looking at a requirement to place the access as far up Hoea Road as possible. They're looking at landscaping along parameters to be able to minimize impacts of this development. So, it would be good to keep in mind these conditions that are going to also minimize a number of these impacts that have been addressed today. With the hope that this will alleviate some of those issues that are being brought up. Thank you. VITOUSEK: Mahalo. I do have a couple of questions I'd like to get through before we get back to everyone. Would it be possible to explain you use the term remnant to describe this parcel? 10 EXHIBIT H What does that mean in this context? ARAI: Remnant in a sense that I couldn't, I was not able to clearly identify why this property was zoned in this particular"- - -" There has to be some premeditated thought behind why you designate all the surrounding properties for Residential and Commercial use and leave this one Ag-20. I wasn't able to really figure out why this property was left out. When we saw the State right-of-way remnant"J" along the highway maybe we thought that had something to do with it. But from what we can tell the property was not part of any State highway right-of-way as far back as 1949 and the fact that is triangular in shape. All those things suggest that it could be a remnant and that's the only reason it was more on just to in order to characterize it rather than defining any legal term to it. VITOUSEK: Okay. The condition to create a widening setback or the 10-foot widening future easement to be included for Hoea? Would that reduce the square footage of the property to a point where it's below the threshold needed to have the minimum space for the CV-7.5 zoning? CAMERO: Oh, sorry Daryn, yes, you want to answer that? ARAI: No, no, I mean better if the Planning Department responds. CAMERO: Okay, yes. So yes, Commissioner, Chair Vitousek, it would reduce the lot size. However, in Hawaii County Code Chapter 23, Section 11, it allows for properties to be subdivided and a lot created that may not meet the minimum building site for the Zoning Code. If the Department of Public Works determines at that time that the future road widening right-of- way is needed for a road widening project. VITOUSEK: Okay, okay, cool. So, because of this specific instance it's okay for it to be smaller? CAMERO: Yes. VITOUSEK: Gotcha. Also, could you please explain why the applicant has chosen to or in coordination with the County has chosen to go after the change of zoning rather than a Special Use permit for the food truck? ARAI: Special Permit only applies to lands that are designated Agriculture by the State Land Use Commission this is designated Urban. There is the Use permit process but Use permit does not permit food trucks or this type of commercial activity as one of those uses permissible through an issuance of a Use permit. So, the only real option is to rezone it commercial. VITOUSEK: Okay, and so if it is because as it has been stated by Deputy Director Darrow and by Mr. Arai. What we're reviewing now is the zoning and we're not necessarily reviewing a food truck right. Zoning ties to the land, food truck is a potential project that would be allowable under the Change of Zone to commercial. So, if we can look at the commercial zoning in of itself what other uses would be allowed on this property addition to or instead of the food truck? 11 EXHIBIT H ARAI: Sorry, Mr. Chairman is it a question for me or the staff? VITOUSEK: Probably best for County to answer that, mahalo. DARROW: Commercial zoning, I can answer that Chairman Vitousek. It allows a wide variety of ranges of commercial as well as residential type uses. A lot of commercial zonings allow for restaurants, it can even allow a gas station, it can allow offices, it can allow retail type establishments. There's just a wide number of permitted uses, but it also allows for higher density residential uses up to 1,250 square feet per unit and that's where this idea of so many dwellings being able to be allowed on that particular property when you divide 1,250 into 7,500 whatever that comes out to you can have that many dwellings, But it's unlikely that they would be able to max out that type of use, because of the fact of number 1 it's very oddly shaped and number 2 trying to meet parking requirements for that many dwellings on this smaller lot would be unlikely unless they did something like put it underneath. But again, there are a number of uses, but I think what we find ourselves looking at again is wastewater. The infrastructure itself water, wastewater can that be met on this particular lot and that will be addressed when they come in for Plan Approval for whatever particular use and be able to see if they can meet those requirements. VITOUSEK: Mahalo. Could this lot given all the constraints on it be further subdivided under the current zoning or it's establishing that 7,500 square feet. So, it's the smallest that could possibly be in its current setting, correct? CAMERO: Yes, you're correct. VITOUSEK: Mahalo. The setback areas in the plan that is shown there's very little use of the setback areas within the lot. Could those setback areas be utilized for things like parking or tables something that's a non-permanent use that would allow them a larger area to be utilized for a use such as this? ARAI: Mr. Chairman should I answer that? VITOUSEK: Preferably coming from the County but if they'd like to defer to you. JACKSON: I'll answer that. VITOUSEK: Sure. DARROW: Maija, I had my zoning code up and I couldn't find the button. Where's the button. Thank you Maija. JACKSON: Yes, there's quite a few uses that are allowed within setbacks. Typically, it's temporary things like you just suggested the picnic tables and things that don't have vertical height. 12 EXHIBIT H VITOUSEK: Right okay, okay. So, it seems as though the majority of what's being proposed here is not a vertical construction, so it was potential that could go within the setback area which would improve the parking ability within the parcel. JACKSON: Yeah, that's possible just also keeping in mind that there has to be a landscape buffer so you couldn't put pavement right up to an adjacent property line. You'd have to leave some room for a landscape buffer. VITOUSEK: Okay and then within the future widening area along Hoea Road. DPW requested curbs, gutters, and sidewalks which I agree is excessive considering the surrounding lack of curbs, gutters, and sidewalks and the community made it pretty clear they don't want curbs, gutters, and sidewalks in that area. But, for example, maintaining a grass shoulder area to allow for access along there on a grass area, pedestrian access, making it safer to walk on Hoea Road. Is that something that the applicant will be willing to do is to maintain that widening area as a grass shoulder? ARAI: I'm sorry. Yeah, I don't think it should be a problem to maintain it at least mow it, weed whack it so it's traversable. It's just simply maintaining the property which he had every intention to do. VITOUSEK: Right, what I'm proposing is if there was a condition indicating that rather than the curbs, gutters, and sidewalks that there would be a grass shoulder and it would be maintained by the applicant. ARAI: I don't think that should be a problem if it's for pedestrian movement, but it may be concerning as we don't want to encourage vehicular parking along the shoulder right. I mean sometimes there's a benefit of having narrow shoulders it just people just won't park on it. So, if you're going to put that condition in the ordinance if it's for pedestrian movement only, I think that is something we definitely can agree to. VITOUSEK: And looking at what Commissioner DeFranco, Commissioner Yates and everybody has discussed. We're operating with a kind of an outdated site plan, and I understand that site plan is subject to change based on the plan approval requirements. If the zoning would have proceed, but I think it would make the Commissioners more comfortable to be able to issue a positive recommendation if they were to have an updated site plan approval that takes into account the use of the setback areas to add parking, to make sure that there's going to be accessibility to the property farther up Hoea Road and giving us a better sense of what it will be like should it be approved. ARAI: There's nothing. VITOUSEK: Yeah, it might be worthwhile taking the extra time to take the feedback that was gotten here today and come back with an updated plan. 13 EXHIBIT H ARAI: Yes, if it definitely helps the discussion and provides at least some level of reassurance, by all means we will definitely make that effort. VITOUSEK: Okay. Robyn Matsumoto from DPW has joined us. Aloha Robyn. MATSUMOTO: Good afternoon, Chair Vitousek. VITOUSEK: Just wanted to see if there's anything that you would add to the discussion on Item 10. MATSUMOTO: Yeah, I just wanted to clarify, when DPW recommends curb, gutter, sidewalk is strictly based on the lot size. So, we're not looking at what the usages is, we're looking strictly as the 10,000 square foot and more dense is when we recommend curb, gutter, sidewalks. Similar to what we did for I think Volcano was a recent one, where that improvement was deferred to when the time the County does the improvements, the owner was going to do the prorate share. The other thing is since this is a widening. When the County asked for that widening, then the County will be responsible for the maintenance so right now, it appears based on the site photos that it's a grass shoulder area, so it would maintain it like that, and the County will actually be the one to have to cut the grass. That's about all I have to add. VITOUSEK: Okay, mahalo. Commissioners, are there any further questions? If not, we can proceed with a motion? Commissioner DeFranco? DEFRANCO: So, I want to make a motion to defer this myself and give them some time to come back to us with a little clearer plan. That's my feeling, so that's my motion. VITOUSEK: Okay, is there a second? KANUHA: I'll second that motion. VITOUSEK: Second, by Commissioner Kanuha. Okay, opening it up to discussion. It makes sense to give them some more time to put the plans together,just to reiterate, we are looking at a zoning ordinance and not a plan approval. But I think it is helpful to take the community's concerns into consideration when deciding to make a recommendation on this. I think we also will want to think about basically, how we're going to prepare the conditions in order to graduate the requirements if additional uses beyond the food truck are required. I feel like in the event that they're seeking up to 6 units which could potentially be allowable and be difficult given the constraints, but perhaps we'd be looking at a different set of zoning conditions. So, if there's a way that we can analyze sort of graduated conditions based on the proposed uses in the downtime that would be pretty helpful for us. Any further discussion? KERN: Mr. Chair, quick point of clarification. VITOUSEK: Yes, sir. 14 EXHIBIT H KERN: What's the deferral to, is it to the applicant's discretion, is it to the next hearing? How much time is needed? Because when this happens, we have to send the notices out within our department and make sure that we're posting in the paper and notify all the surrounding property owners. VITOUSEK: Mahalo. I would ask the applicant. Do you want to be included on the agenda for next month or do you need a little bit more time to prepare the site plans and consult and come back to us? ARAI: Probably I would think the February meeting is more reasonable because we're right in the middle of the holiday season and just to give us enough— VITOUSEK: Would it make sense to defer it to the applicant's discretion, so you guys can bring it back when you're ready? ARAI: That would be great, thank you. VITOUSEK: Okay, we'll do that. Is that okay with you Vice-Chair DeFranco? DEFRANCO: I think Dalilah wants to say something. VITOUSEK: Sorry, go ahead. SCHLUETER: Yes, thank you. I just want to make sure I bring to everyone's attention that Planning Commission Rule 10 (b) (2) also does indicate that within 90 days after receipt of the application from the Director unless a longer time is agreed to by the applicant, the Commission shall transmit the proposed Change of Zone ordinance together with its recommendations thereon to the Mayor, yeah through the Mayor to the Council. If the Commission fails to actually provide a recommendation, it will act as an unfavorable recommendation, so please make sure and consider that and the alternative is the applicant agreeing to an additional extension of time. VITOUSEK: I think that's what we're trying to seek with the applicant is to make sure that they agree that that will take a little bit more time and at their discretion they come back. Is that your understanding, Mr. Arai? ARAI: Yes, it is, and we do agree to additional time and hopefully to resolve this. VITOUSEK: Mahalo, mahalo, okay. DEFRANCO: Yeah, good. VITOUSEK: Okay, terrific. In that case I think, Maija please go ahead. JACKSON: Mr. Chair I just would like to add one piece of information. When Planning Department has had requests for change of zoning in the past. We've been advised that we 15 EXHIBIT H cannot prohibit or limit the permitted uses that are permitted within a zoning district. So, I just would suggest that you keep that in mind when you're looking at what uses could be permitted in a CV zoning district versus what uses will be likely to be or feasible to be put on the ground at that property. When we crafted the conditions for this ordinance, we did it in a way to be mindful of the very limited number of uses that could feasibly be put on the ground and tried to come up with mitigation measures for those uses. So, that's just something to think about for the applicant and the Commission in that upcoming meeting. VITOUSEK: Okay, mahalo. Any further questions or can we proceed with the roll call? Let's roll call. CAMERO: Vice-Chair DeFranco? DEFRANCO: Yes. CAMERO: Commissioner Kanuha? KANUHA: Aye. CAMERO: Commissioner Paishon-Duarte? PAISHON-DUARTE: Aye. CAMERO: Commissioner Yates? YATES: I'm sorry but I didn't hear the whole motion. VITOUSEK: The motion is to defer the item to the applicant's discretion, so they can bring it back to us when they're ready "- - - " YATES: Okay, aye. CAMERO: And Chair Vitousek? VITOUSEK: Aye. CAMERO: The motion carries five (5) to zero (0). VITOUSEK: Mahalo, you will be notified of the Commission's decision in writing. ARAI: Thank you, Mr. Chairman, and members of the Leeward Planning Commission. I appreciate the time and effort you put into this very much appreciate it and happy holidays to all of you. VITOUSEK: Same to you, aloha. 16 EXHIBIT H ARAI: Thank you, aloha. The hearing adjourned at 3:45 p.m. Respectfully submitted, Melissa Dacayanan-Salvador Secretary for Boards and Commissions 17 EXHIBIT H