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HomeMy WebLinkAbout2022-01-06 Windward Exh B (PL-SPP-2021-000005) WINDWARD PLANNING COMMISSION COUNTY OF HAWAI`I HEARING TRANSCRIPT JANUARY 6, 2022 A regularly advertised hearing on the application of JOHN HEWETT & PATRINA NIU- HEWETT (PL-SPP-2021-000005)was called to order at 9:25 a.m. via live stream online meeting, with Chairman Dean Au presiding. COMMISSIONERS PRESENT: Gilbert Aguinaldo, Dean Au, Joseph Clarkson, Michelle Galimba, Dennis Lin, Thomas Raffipiy, John Replogle ALSO IN ATTENDANCE: Malia Kekai, Esq. (Counsel for the Commission), Jean Campbell, Esq. (Counsel for the Planning Department), Jeffrey Darrow (Deputy Planning Director), Christian Kay (Planner), Alex Roy (Temporarily Assigned Planning Program Manager), and Melissa Dacayanan-Salvador (Windward Planning Commission Secretary) APPLICANT: JOHN HEWETT & PATRINA NIU-HEWETT (PL-SPP-2021-000005) Application for a Special Permit for the operation of a self-storage and mailing service facility and related improvements on an approximately 1.64-acre property in the State Land Use Agricultural District. The subject property is located at 16-308 `Ainaloa Boulevard in the Orchid Land Estates Subdivision, approximately 1 mile southwest of its intersection with Kea`au-Pahoa Road, or Highway 130, directly across from the `Ainaloa Longhouse complex, Orchidland Estates Subdivision, Kea`au, Hawaii, TMK: (3) 1-6-008:328. Secretary's Note: "—" indicates indiscernible speech due to internet/technical difficulties or simultaneous talk. AU: So, as I was saying let's just move right into our agenda Item No. 1 which is Applicant John Hewett and Patricia [Patrina] Niu-Hewett, PL-SPP-2021-000005. It's an application for Special Permit for the operation of a self-storage and mailing service facility and related improvements on an approximately 1.64-acre property in the State Land Use Agricultural District. The subject property is located at 16-308 `Ainaloa Boulevard in the Orchid Land Estates Subdivision approximately one (1) mile southwest of its intersection with Kea`au-Pahoa Road or Highway 130 directly across from the `Ainaloa Longhouse complex, Orchidland Estates Subdivision, Kea`au, Hawaii, TMK: (3) 1-6-008:328. So, Mr. Kay can we have a staff presentation please. KAY: Yes, thank you, Mr. Chair. Good morning to you and the rest of the members of the Windward Planning Commission. If you give me a moment, I'll share my screen. All right, can everybody see that? GALIMBA: Yes. 1 EXHIBIT B KAY: Okay great. As the Chair mentioned, this is an application for a Special Permit. The subject property here outlined in red is located in the Puna district of Hawaii Island more specifically in the Orchid Land Subdivision. For reference we've got Kea`au-Pahoa Road or Highway 130 running toward the bottom of the slide and subject property takes access off `Ainaloa Boulevard. For further reference across the Boulevard from the subject property is the `Ainaloa Longhouse facility, which is a community facility. The applicant is requesting a Special Permit to establish a self-storage and mailing service facility on 1.64 acres of land which will consist of the following. A self-storage building, five (5) such buildings totaling 18,000 square feet of gross floor area with a total of 180 rentable storage units that are each 100 square feet in size. Three (3) of the buildings will each total 4,000 square feet in size and contain about 120 storage units in total. The remaining two (2)buildings will each total 3,000 square feet in size and contain the remaining 60 storage units. Also proposed is an office building, which is 2-stories and 960 square feet and will be used as an office and mailing service facility on the ground floor and as a residence for an onsite operator and caretaker on the second floor. Also proposed are 2 non-potable water catchment tanks to provide a total storage of at least 51,000 gallons of water to satisfy Fire Code requirements and a separate water tank for potable water. Access and parking the existing driveway from `Ainaloa Boulevard will be expanded and improved to a 24-foot-wide paved driveway and the applicant proposes to construct a 14-stall paved parking lot, including one (1) ADA accessible stall. The applicant anticipates 1-full time employee for the business and proposed hours of operation are from 6 a.m. to 6 p.m. daily. The zoning for the subject parcel and the majority of the surrounding area is Agricultural 1-acre as indicated in the light green color, the other dark green color is Open zoning, and that is again with the `Ainaloa Longhouse area. The State Land Use designation for the area is Agricultural and the General Plan LUPAG map designation for the area is Rural and with some Extensive Agriculture here also indicated on the slide. The subject parcel is within the bounds of the Puna Community Development Plan. This slide is just showing the location of the subject property on the upper left outlined here in red relative to the location of the designated `Ainaloa Neighborhood Village Center. Here is the applicant's submitted site plan again `Ainaloa Boulevard is running at the bottom of the screen. You see the proposed 5 storage facility buildings and then here at the bottom the office/caretakers' quarters with parking and access throughout. Also proposed is landscaping surrounding the area and across the frontage of the property is a low rock wall with a fence as well. Here's an aerial photograph of the subject property here outlined in yellow again, there are no improvements currently on the property besides the rock wall and fence that we referenced earlier. Again, you see here the `Ainaloa Longhouse facility area, as well as the surrounding uses are either agricultural lands, vacant, or residential uses. Here's a view of the property from across `Ainaloa Boulevard showing the driveway area, some of the existing landscaping the low rock wall and fence. And here are some views of`Ainaloa Boulevard on the left looking makai toward Highway 130 with the subject property on the left hand side and then looking mauka toward Hawaiian Acres with the subject property on the right hand side. 2 EXHIBIT B So, the Deputy Planning Director is recommending a denial of the Special Permit for the following reasons. The proposed request is inconsistent with the Zoning Code. Self-storage facilities are considered light industrial uses and only permitted in Industrial zoning designations, General Industrial, Limited Industrial and Industrial Commercial Mix Use. To keep such uses, separate from Residential and other incompatible uses and to ensure nonindustrial areas will not be exposed to unsafe or unhealthy environments. Second, the proposed request is inconsistent with the General Plan. The LUPAG designations specifically does not allow for industrial uses and only allows for commercial uses that serve the residential and agricultural uses in the area and community and public facilities provided there's appropriate zoning. The proposed request is also inconsistent with the Puna Community Development Plan. In response to the proliferation of light industrial uses scattered throughout population centers of Hawaiian Paradise Park, Orchid Land, `Ainaloa and upper Puna. The Puna CDP was amended in 2011 to direct new light industrial uses to 6 designated areas in Puna. The subject parcel is not located in one of these areas. The Puna CDP also encourages that commercial and public facility growth within designated village and town centers, however, as we showed before the subject property is located over a mile away from the nearest village center and that's the `Ainaloa Neighborhood Village Center. The proposed use light industrial and commercial use is not appropriate in this area, this will fail to establish a proper land use pattern. And finally, while the proposed uses considered unusual in that it's not agricultural, it's not a reasonable use as it would permanently commit the use of the property to land industrial and commercial land use. For these reasons, the Deputy Director is recommending denial of the Special Permit. With that I'd be happy to turn the time back over to the Chair and answer questions at the appropriate time. AU: Thank you, Mr. Kay. Fellow Commissioners do you have any questions for Mr. Kay? Commissioner Clarkson? CLARKSON: Yes, I'm not familiar with the Longhouse facility. What kind of a facility, what is the use opposite on the other side of the street from the applicant's property? KAY: Sure, there is a public park,playground area, basketball courts, there is a Community Center facility, there is a volunteer fire house, walking paths and other passive recreational use. There's also a mailbox area for the public for rural mail delivery. Yeah, that's the uses that are currently on that side. CLARKSON: And how old is that? I mean that must be quite old and it doesn't conform to the Puna CDP. KAY: Yeah. CLARKSON: Can you expand on why the Village Center when the CDP was created was not put in the area of the Longhouse, it would seem natural to me. KAY: Sure. I don't know exactly when it was built, I can say that there was a Special Permit approved on this property for a commercial use a convenience store, as well as a certified 3 EXHIBIT B kitchen. At the time of that Special Permit application in 2012, the `Ainaloa Community Association came out against that commercial use there because they were concerned about traffic and didn't think it was appropriate to have commercial uses adjacent to the `Ainaloa Longhouse area. So, I also suspect that and I don't know for sure, but I also suspect that in the formation of the Puna CDP the `Ainaloa Community Association was likely opposed to that being designated as the commercial center. CLARKSON: Thank you. AU: I have a question. KAY: Sure. AU: Christian, so you're looking in the, you showed us the map. It looks like there's facilities to the west and to the north of the property. Are those residential homes or are those agricultural facilities? KAY: Are you talking about the aerial photograph Mr. Chair? AU: Yes, I am. KAY: Okay, if you give me a moment, I can bring that back up just one moment please. AU: In the background report. It shows in the Google maps, it shows there's 2 structures, 1 to the north and 1 to the west. KAY: Okay, can everybody see that? Okay, are you talking about these in the area here Mr. Chair? AU: No, I'm talking about the one directly west of it. There's that facility right there and north of it. KAY: Right, so this is the `Ainaloa Longhouse Community area that is referenced. So again we've got the public park here,playground, the Longhouse facility itself, here is the volunteer fire house, as well as the location of the mailbox area and some parking for the facility use. AU: Okay, and how about those structures as you look at that screen to the left? KAY: This here? AU: Yes. KAY: I believe that's just a dwelling, single family dwelling. AU: Okay, and to the north? 4 EXHIBIT B KAY: I suspect that's probably the same. AU: Okay, all right. I just wanted to see what kind of facilities those were. So, does any Commissioners have any more questions for Mr. Kay? If not, applicant's presentation. Are you there, Mr. Pipan and Ms. Hewett? HEWETT: Yes, I'm here. AU: Okay. PIPAN: Yes, sir. AU: Let's go ahead and swear you guys' in. Please raise your right hand and make sure we can see or— HEWETT: Sorry. PIPAN: Apologies Chair, Patrina is having issues with her camera, it's on, but this is not her laptop she's using, she can't figure out how to get the camera to work but— AU: Okay. PIPAN: —her audio is working just fine. AU: Okay,just please indicate that your right hand is up please. HEWETT: Okay. AU: So, do you swear and affirm to tell the truth, on this matter before the Windward Planning Commission? HEWETT: Yes, I do. PIPAN: I do. AU: Yes, okay thank you. So, whoever wants to go first,please state your name and the town you live in. You can go ahead. HEWETT: Okay I'll go ahead, Christian. So, I'm Patrina Niu-Hewett and I live here in Hilo. We relocated here from Oahu about July 2020 and we're looking to build a storage unit in Pahoa Orchid Land area. PIPAN: Thank you Patrina. I'll go next John Pipan, I leave near Honoka`a. I'll just speak briefly on the merits of this application. Aloha Chair Au, Planning Commissioners Happy New Year. Thank you again for your service to your communities and dedication to this process. Big mahalo to Planning Department staff, and Deputy Director Darrow. We acknowledge the 5 EXHIBIT B challenge presented by the unfavorable recommendation and just respectfully request you keep an open mind when considering the merits of this application. The Special Permit application at hand would allow local small business to be established in an area that makes sense for limited community and commercial development. This request is for a specific use by way of a Special Permit not for a Change of Zone to industrial zoning. This change of zone, on the other hand that would permit a wide range of industrial uses. In this case, a Special Permit we have the ability to create conditions to address any potential issues relating to the proposed use. Really at the heart of this discussion, since it was key in the Planning Department's recommendation is the question of whether this proposed use is industrial or commercial. This is an important question. It feeds into the analysis of the CDP's and the General Plans sorry, treatment of industrial uses. From my perspective, industrial uses are characterized by manufacturing, processing, warehousing, etcetera with many employees, large buildings, and potentially significant noise, air quality and visual impacts. In this case, the storage buildings are all under 4,000 square foot each and total only 18,000 square feet. For reference the Home Depot in Hilo is over 100,000 square foot of floor area just the interior. The proposed use would generate only 13.8 peak hour traffic trips with the combined storage and mailing service use. Only 3 of those trips are due to the storage use. Further to anticipated many of these trips will be of a passing by nature. Travelers stopping on their way to or from other destinations. Those trips don't represent an increase in traffic over current levels. However, some number of the trips will be solely for this facility, in which case the residents of Orchid Land and `Ainaloa would have a more convenient option for these services nearby without traveling to the Pahoa or Kea`au. In a small way, these trips remove from the Kea`au-Pahoa Road will help to ease the congested or capacity condition of the highway. The potential for hazardous materials stored on the site is not pronounced and will be similar to the potential hazard from storage of materials in and around a home think cleaning supplies or auto maintenance items, etcetera. This potential can be further mitigated by a condition prohibiting the storage of hazardous materials on site. So, further the potential adverse impacts to the surrounding properties are not anticipated to be significant. There's been no testimony and opposition to this plan. In fact, there are many potential benefits of the proposed use. I've spoken with Puna residents about this application and many of them clearly remember the rush on storage space due to recent Kilauea eruptions. Further people visiting the Puna and Kea`au Post Offices can expect maybe a little bit shorter line if the proposed facility is allowed. So, a good question here is has the zoning of Puna and the large subdivisions in particular been established in such a way to adequately serve the residents. A bit of a rhetorical question, but I would say no. These areas are not well served. There is one industrial zone parcel in Pahoa that has already developed commercially that's Ace Hardware and Malama Market. There is a good amount of land with industrial zoning in the nearby Shipman Industrial area. That's over 10 miles away from the subject property and just generally zoning paints with a broad brush it allows for a whole range of permitted users within a zone. And this application is a perfect example of where a Special Permit can be used to establish a specific use with protective conditions in an area already serving as a Neighborhood Center. 6 EXHIBIT B A lot of time has passed, and a lot has changed since the 2005 General Plan and the 2008 Puna CDP which was amended in 2011. And in that time, we've seen our communities tested by multiple natural disasters, and of course the ongoing COVID pandemic. Throughout all of this Puna has demonstrated its resilience and vitality and responding to these challenges. There have been many lessons made clear in recent years. There are a couple of lessons that are particularly relevant to the requested Special Permit. Recent experience has shown us that we need to stimulate local small businesses and diversify the island economy and reduce our dependence on tourism. This proposal would contribute in a small part to that. At the same time, we need to be better at anticipating the needs of our communities and, especially those that are historically underserved and growing rapidly like to Puna and these subdivisions. So, Commissioners, we respectfully request you approve this application and allow the applicants to serve their community in the way they plan to. We're happy to address any questions you might have for us, thank you very much. AU: Thank you, Mr. Pipan for your presentation. Just for the record, I just want to make sure that you have received the background and recommendation for the Planning Department? PIPAN: Yes, we have. AU: Okay, all right, thank you very much. I know you shared your concern with it, so thank you. I want to start it off, I do have a question. Can you just talk about the `Ainaloa Community Associations conversations that you've had with them please? PIPAN: We reached out to both the `Ainaloa Community Association and the Orchid Land Community Association by mail in August ahead of submission of the application. No comments were received in response to our letters. That was the extent of our outreach to the Community Associations. We've been working fairly closely with the Orchid Land Community Association on other projects, have good communications and rapport with them. So, I anticipate they would have known how to reach us if they had any concerns with this one. AU: Okay, I have another question before I open it up to Commissioners. I was asking Mr. Kay about the 2 properties to the west and to the northwest with residential facilities on there. Any responses from those landowners? PIPAN: I'm sorry, Commissioner Au was that a question? No negative comments, no comments one way or the other, really, they were notified as required at initial submission of the application and then, when the public meeting was scheduled. And further by the sign that was posted on the property as well. AU: Okay, thank you very much. Commissioners, any questions for Mr. Pipan or Ms. Hewett? No, okay. RAFFIPIY: Mr. Chair I have comment and I don't know a comment and question. Mr. Pipan, I am seeing there are 2 major issues over here that I've seen. I know you addressed them, but I was not very keen on exactly how you are going to implement the responses that you provided. 7 EXHIBIT B One of them is the concern about storing hazardous material on site. You mentioned about it's not going to be nothing more than just the household hazardous materials that we can keep on site. I want to know what measures you're going to have in place that will guarantee what they're going to be storing. Will it be exactly what you're saying that it's going to be nothing more than what is stored at home. The other issue that I see here is the concern allowing this kind of similar permit it will encourage a spread of this kind of uses within the SLU agricultural district. I know that we have some that are identify that they were grandfathered in before the adoption of the CDP or I forget what it was. But, indeed, we do have some areas that were allowed this kind of facility. But I just want to know, that's a concern that they put in there, once we allow this that we will set a precedence that anybody that has these kinds of ideas will be applying for the same use. And we're going to put ourselves in a predicament, where we kind of give away the standing that we have. I think that those are the concerns that I have. I encourage business development in the area because I live in the area. I live in Puna but I'm not very satisfied that you have addressed these 2 issues effectively. PIPAN: Thank you Commissioner Raffipiy for your question and comments. As to your first question relating to hazardous material storage. I believe terms in the lease could effectively prohibit such storage of hazardous items in the units. There's going to be an onsite caretaker operator who would be able to not necessarily inspect everyone's boxes of items. But say someone's trying to bring in drums of oil or agricultural chemicals they would definitely be able to see that and stop that from happening. So, I believe conditions in the Special Permit and then conditions in the lease would largely mitigate for that. Short of inspecting everyone's belongings which I don't think that's really possible by any self-storage facility. With respect to the question of precedent, I think the Special Permit process is specifically well suited to not allow for precedent to write a carte blanche or just greenlight any kind of development. Special Permits are very specific. They're case by case. This one is situated right next door to established community uses, so I think in that sense it's more well suited for commercial use right in this location. You're not going to look far field deep in the middle of a surrounded residentially developed area for this similar use. You have the ability as the Commission to evaluate very carefully each of these Special Permits for their potential for adverse impacts. All of the comments that we received from agencies with respect to the proposal. DOT had no concerns, Fire Department had no concerns they didn't actually respond in writing, I called them and followed it up. They just pointed me to the County Fire Code. We're satisfying their requirements in terms of access and water requirements. So, these Special Permit applications are thoroughly vetted,they're thoroughly researched before they're even presented to you, and you have the opportunity to require additional conditions to mitigate for any remaining potential impacts. So, we're more than willing to work with you to develop these conditions should this permit be approved, thank you. AU: Thank you, Mr. Pipan for your answer, thank you Commissioner Raffipiy. Do you have another question Commissioner Raffipiy? 8 EXHIBIT B RAFFIPIY: Just a follow up and comment on that too. I'm wondering about the 2 residences. One to the north and one to the west of the property. I'm wondering if they really understand the spirit of why the other reason for the denial, which is the storage of hazardous materials. I wonder if they know about that's the reason why this kind of facility it's not allowed within this area. The other thing if they would have any comment. I know you said that you're trying to reach out to them and no response. I'm just curious that's it. Okay, I appreciate you taking the time to respond Mr. Pipan. PIPAN: Thank you very much. AU: Okay, Commissioner Lin, you have a question, go ahead. LIN: Thank you Mr. Chair. This question is for Ms. Hewett or Mr. Pipan. So, I looked at the chronological history of the property and there's been some requests, such as the convenience store and the commercial kitchen. And it was explained to us that it was opposed back then, so the community at that time had opposed a development with commercial use and this type of business or business use. So, I'm just curious if there was any more outreach during this process, when you were planning the self-storage and the mail facility. Were there any community meetings? Because we don't see any communication from the `Ainaloa community or any other neighboring residences. So, I just wanted to see if you had any communication documented saying that they are okay with this facility. PIPAN: Thank you, Commissioner Lin. I'll take a crack at it and Patrina may chime in if she has any more additional information. So, regarding the previous proposed commercial kitchen and convenience store on the subject property that was permitted by John Hegarty a previous owner of the property. It appears that during the application process the community was opposed to it largely due to its potential adverse impacts to traffic conditions in the area. It had much greater anticipated peak hour trips closer to 50. This one again is 13 to 14 for peak hour trips. Also, there was a concern for alcohol sales from the convenience store directly adjacent to the park and the playground. So, understandably they limited that there would be no alcohol sales at the convenience store in deference to the local community center. So, I'm not exactly sure why Mr. Hegarty the previous landowner didn't follow through with his plans, it could have been part of the permitting process, funding. In any event, he sold this property to the Hewett's a few years ago and they withdrew, they revoked that Special Permit and made these plans for this Special Permit. Regarding hosting community meetings again it's been a little difficult in the current COVID climate to arrange gatherings of folks it's all gone online. We reached out to communities and those that show a very strong interest in these proposed plans definitely we do additional outreach and coordination and consultation with those communities. This one has just kind of been, we've gotten echoes back from the community. So, the signs there, we send out our notices and our request for comment, if nothing comes back, we don't"—"really pester about a plan. So, maybe that's a potential room for improvement for us to really knock-on doors and try to get some sort of feedback and I'll take that as a task to get better on. And Patrina if you wanted to add any context with respect to your purchase and going from the convenience store to the current plan,please do. 9 EXHIBIT B HEWETT: Yeah, yeah, I do. Actually, we did exactly what John said it was supposed to be a convenience store, a commercial kitchen, and all that good stuff. But, as when we moved here, we saw over time that when Puna Kai came up it's going to be less expensive for them to go right up the road and shop for food, rather than right here in `Ainaloa. Which we saw it wasn't going to be, how would I say it, it would cost too much for us to upkeep a little store and it might not even last because of everything coming up around the area in Puna. Then we have Orchid Land here with that little store. So, we decided to change gears and we went with the storage. We like to stay on the social media and see what people are talking about and with that area and everyone, we know the crime is up around there. We thought okay, maybe people want to store their treasures that if they have opened garages, they can't lock it up in there, they might want to come and store their stuff in storage. Also, the mailing system with us, we just recently build a house there and when I was going through trying to get the address, I just recently found out that there is no mail service there. You have to go all the way to Kea`au and because it's located in Kea`au district folks have to go all the way to Kea`au just to mail out something or pick up their mail. So, we thought, this is a good idea. Let's put a mail service together with it, where folks can just come right here it's very convenient for them. That's the whole thought with the Special Permit for a storage unit. And with our neighbors, the neighbors around the picture that Mr. Kay showed. We know all the neighbors, we speak to them, when they see us, they come over they talk stories everybody has our number. So, it's not really a big problem with the neighbors. We talked to them all the time. They know if they have an issue they can come over, they have my husband's number and so I don't really think that's the big issue the neighbors or the surrounding people even the folks across the street at `Ainaloa community they have our number. LIN: Thank you. AU: Thank you, Commissioner Lin for the question. Thank you, Ms. Hewett, and Mr. Pipan for the answers. Commissioner Clarkson I know you raise your hand; do you have a question? Please go ahead. CLARKSON: My question is not for the applicant, I just wanted to know when it was appropriate to bring up my question for Planning staff. AU: Commissioner Clarkson you can ask it right now. I think it would be the appropriate time because the applicant can also way in too to that same question, so please go ahead. CLARKSON: I'll go ahead. I have several questions actually one is the determination that a storage facility as proposed is industrial. How is that, was that determined, is that crystal clear in the County Code? Second. I only know, I'm not a real expert on self-storage facilities, I've never used one. I do know that there's one near the Waimea Mountain Road that is probably on ag land. Self-storage facility near the well it's well before the airport kind of near Lalamilo Farm Lots. So, I think there's a little bit of a precedent for storage facilities on ag land. What is the evidence that or is there any evidence with problems in the past of hazardous chemicals, causing issues in self-storage facilities and when I think about it, and I know there's one in Waiakea 10 EXHIBIT B House Lots. A very large multi-story facility. If that were my main consideration, I would certainly prefer that these kinds of facilities be isolated kind of out in the middle of nowhere, so to speak, rather than in a downtown heavily occupied area. So, if somebody from the Planning Department could address these issues, I really appreciate it. DARROW: Mr. Chair I can address that. Commissioner Clarkson so to answer your first question self-storage facilities. When you look in the Zoning Code they're only permitted within our industrial zonings. There is an Industrial Commercial-Mixed zoning (MCX) and they are also allowed in that, but you will not see them as a permitted use within commercial zoning (CN) and (CV) those zonings. My understanding from looking at the reason for that is basically because of the storage issues and the potential of storage of hazardous waste. I know that the applicant's representative had mentioned the possibility of a condition limiting those types of storage of those hazardous waste. But as he had mentioned it's very difficult to monitor that unless it's clear as to what somebody's bringing into store. A lot of times there's not somebody monitoring exactly what's going into a storage facility. So that's question number one question number two, which I think was precedent regarding self- storage in Ag. The one that you're referring to out in Lalamilo actually it's in industrial zone. The one that's near the airport. But there are several that have been permitted through Special Permits that are relevant to this particular application. One is in Paradise Park; it's located adjoining the industrial node. It did get a Special Permit, but again, it was in that area that was identified by the General Plan for those types of industrial uses. They couldn't go to industrial zoning because the standards were too great to be able to bring in the water and widened the highway all the way, I mean, widened the roadway all the way from the highway down to that. So, the Commission felt appropriate that it was consistent with the CDP, the master plan for HPP as well as the General Plan. So, they approved that particular one, and that was done quite some time ago. Christian is bringing up the one. The other one that's referenced is the Pahoa self-storage, which came in for a Special Permit, which is located in the Pahoa Village Center. So, it's in that CDP area that we're looking at to be able to identify these types of uses to be located in a particular area. I mean, this is a tough one, you have a need, you know it's a good project, but the way that the Planning Department is looking at it, this isn't the appropriate location. And as Commissioner Raffipiy brought up it does set a precedence. When we start approving Special Permits without meeting the criteria for approval of a Special Permit it sets a precedent, and so we just have to be aware of that moving forward. I wanted to make another comment, there is with the construction of the, Christian maybe you can help me. What was the name of the shopping center in Pahoa, that was just recently Puna— KAY: Puna Kai. DARROW: Puna Kai. My understanding is there's been a new postal service that's been built there and that's provided that mail type of service in Pahoa as well as there's one in Kea`au. So there has been another mail service that's been presented. The last thing I wanted to bring up was I know that the thought is this is going to be for this community. But there's nothing that 11 EXHIBIT B stops anybody from coming to this area from somewhere else, obviously this is going to provide a service that's not just for this community, but for anybody. Anybody's going to be able to come here. When we look at traffic to a particular area and we use the standard of a traffic assessment report and there's 50 trips. That again is only triggered during AM and PM peak hour trips and those hours are very specific. In the morning between 8, 9 or 7 and 9 and in afternoon between 3 or 4, 2 and 4 and the high trip generators for those types of uses are normally like a school or a gas station, or something to that facility. It doesn't mean that there isn't going to be traffic going to that particular facility during the day at all hours of the day. During the day there's still going to be a lot of activity going on. So, even though there might be 13 peak hour trips there might be a quite a number of trips throughout the day coming to a self- storage facility. It just doesn't trip during the AM peak, PM peak hour trip. So, there will be traffic impacts with this use. There are some changes happening in the near future, one which the Department's been working on for some time and looks like it's going to be coming to a conclusion this year is the amendment to the General Plan. Which will be identifying several new areas where they want to see industrial type uses such as this. One of them is along 33rd and Maku`u in Paradise Park just along the highway there that's kind of been set up as a quasi-industrial type area but it hasn't been solidified through the General Plan. But that's an intention that may be happening through the amendment. The CDP identifies it the HPP Master Plan identifies it and there's been a number of Special Permits in that area that's pretty close to this particular location. The other area is a100-acre site on DHHL property that's makai of the fire station. That might be a little tougher because it's DHHL land, but it is identified as urban expansion in the General Plan. I hope that answers your questions if I missed one maybe I can address it but, thank you. AU: Thank you Mr. Darrow. CLARKSON: It did. AU: Thank you Commissioner Clarkson for the questions. Any other Commissioners have questions Commissioner Aguinaldo, Commissioner Galimba or Commissioner Replogle? No, okay. Okay, if we have no questions for the applicant or staff. I'm ready to entertain a motion. GALIMBA: I just wanted to check that Commissioner Clarkson was satisfied with seem to be wanting to say something before we go, you're good, okay. I guess since I'm on, I just wanted to say that this does seem to be a case where the usage it's not in line with the zoning and the Special Permit requirements. So — AU: Okay, well thank you Commissioner Galimba. GALIMBA: Yep. AU: I don't mean to cut you off, but I'd rather entertain a motion first before we get into discussion, because I have a few comments as well, but I'd rather get motion. So, Commissioners — 12 EXHIBIT B GALIMBA: Could I move to. AU: Please. GALIMBA: Deny this application. Let's see I need to get the actual wording first but hang on I will go find that and if somebody wants to take over the motion with the actual wording that we're supposed to use, please do so. AU: Okay, so Commissioner Galimba motions to deny Special Permit 2021-000005. GALIMBA: Thank you. AU: Applicant John Hewett and Patricia [Patrina] Niu-Hewett. Could I get a second? LIN: I'll second. REPLOGLE: Second. AU: Okay, so, Commissioner Lin had second it. So, now that we have made a motion, now we're up for discussion. I would like to say that I have mixed feelings towards this motion. I feel there is a need for self-storage in that Puna community. I myself have used self-storage facilities in the past and it's very useful, but I do also feel that we don't want to set a precedent moving forward. But I did take into strong consideration, I am taking into strong consideration of what Mr. Pipan said about a Special Use permit. So, fellow Commissioners we're here to approve this Special Use permit, and that is the definition of a Special Use permit is it's special. It's a case-by-case situation and the Planning Department has to take their stance based off of facts, laws, rules, and regulations, but for us here as a Commission we have to decide as to what's fair and what's right and what's appropriate. I do feel I'm leaning toward I do feel that this is an appropriate development for the property. So, that's my two cents, so if anybody else wants to chime in please do so. Commissioner Raffipiy, I see your mic off, you can go ahead. RAFFIPIY: Yeah, Mr. Chair, I'm just like you. I have a really mixed feeling with the dual purpose or dual use, one for storage and one for mail service. The storage, I'm like you I really don't want to set of precedence. But on the mail service. I mean that is really needed in that area. The mail service is really needed in that area. I'm not going to say that storage is not needed, because it is needed, but again, based on the Charter and the Zoning Code and all that. The facts are there. It's not allowed in this kind of area that kind of facility, but I don't think the mail services is going to be denied in that area, the mail service can really help the community there. So, I'm like you Dean, Mr. Chair. I have really mixed feeling with this one, because I for one kind of like part of it, and the other one is just if you stand with the facts with the law and all that it's not allowed, but on the other, it can really help the community. AU: Thank you, thank you Commissioner Raffipiy. I would like to just disclose that I was on the Commission back in 2012 when the original Special Permit application was approved for Mr. Hegarty, and I just want to state that I can be unbiased and make an impartial decision and make 13 EXHIBIT B a fair decision so just want to put that out for the record. So, next person, Commissioner Aguinaldo go ahead. AGUINALDO: I myself, Mr. Chair and also what Tom indicated I got mixed feelings for the applicant great ideas you are bringing forward and looking overall one of our Commissioners, Mr. Lin is engagement. We cannot always say, aw' they know my number, they know this. Basically, what we're talking about it's not on the `Ainaloa side, it's on the Orchid Land side of the property I'm assuming this development. I myself see that the postal side of things, because of growth in that area as well. It's a need, it's important for mail but I got mixed feelings, as well as we will set a precedence of like a storage facility. Who's to say Hawaiian Acres, Fern Acres all of the above will indicate the same thing right, you guys had approved them. Great ideas. Again, I'm like Tom. I think the postal is crucial because there are long lines, and it's the start if something like that I think it's great. But again, it's within the Puna Community Development Plan is what we got to obey and follow and what our Planning has set forth on the rules in laws and regulations that we got to obey and follow. That's all I get to say. AU: Thank you, Commissioner Aguinaldo. Any other Commissioners? Oh, Commissioner Replogle? REPLOGLE: I'm personally in favor of the idea of the mail, the postal service, and if it could be coupled with something more acceptable than self-storage, it may be able to fit into the Special request. But there's no way you can guarantee what's going to be in those storage facilities and the idea that zoning and this regulation on the storage facilities is for the public safety. I can't see us deviating from that one. That's my opinion, thank you. AU: Thank you Commissioner Replogle. Commissioner Clarkson? CLARKSON: Yeah, related to the public safety aspect about of it, I don't think Mr. Darrow actually address whether there had been a history of discoveries of hazardous materials in self- storage facilities or if he did, I'm sorry, I must have missed it. Could you address that during this discussion, please. DARROW: Sure, I'm not aware of any but, again, the issue of my understanding is the reason why self-storage facilities are only located in the industrial zone areas is because of the potential hazards of storage materials within those facilities. But I'm not personally aware, I think the Fire Department would have better knowledge of those kind of issues. CLARKSON: Thank you. I just like to continue, of all of the commercial quasi-industrial whatever you want to call it activities. I mean compared to a convenience store this kind of operation seems pretty quiet,pretty benign really from a traffic sound. Even a visual aspect there's a two-story building proposed, but the rest of them are pretty low-rise buildings. On the other hand, I have to defer to the judgment of the Planning Department on this one. So, I'm going to vote in favor of the motion, although I have a hard time figuring out what kind of Special Use permit would ever be allowed in a situation based on the Planning Department's analysis of this case and this application. Maybe they'll be able to work with the applicant and 14 EXHIBIT B landowner for some kind of more appropriate use. I still don't see that as a really great Ag area, but we'll find out, I guess. AU: Commissioner Lin? LIN: Yeah, my comments is just most times we see the community engagement part of it right. We have testifiers, or so we have letters or communication from the community regarding an application, but this application we don't see anything. And I'd hate to assume that the community is okay with the development without hearing what they have to say about it. So that's really my stance on that portion of it. I think self-storage is needed in the community but there are rules that we have to follow and like Mr. Clarkson I defer to the Planning Department's rules and regulations regarding these types of developments, especially if it's not in industrial zoned area. AU: Thank you, Commissioner Lin. Commissioner Clarkson? CLARKSON: Yes, no respect to disrespect to Commissioner Lin, but I just like to point out the ironic nature of the fact that, in this case, lack of community objection is seen as a problem with the application. But with New Connections, the Commission approved something that had massive community objection. AU: Commissioner Replogle? REPLOGLE: I would like to address Commissioner Clarkson's thing about the safety regarding these self-storage units. We must remember that human beings are going to be using them and I don't know how you can guarantee that who knows what would end up in a self-storage container. And therefore, they should be where its industrial and I also think a self-storage container isn't something you're going to every week, so the fact that it may be 10 or 15 miles away from where you live, in an industrial zoned area should not be a big deal. Whereas the mail, I can see that being there, and maybe they have to just figure it out I don't know. A chicken farm? AU: Thank you Commissioner— REPLOGLE: I'm just kidding but that's it. AU: — Thank you Commissioner Replogle. Commissioner Galimba do you have any discussions you would like to. GALIMBA: No, I pretty much said what I wanted to say, and I just wanted to call for the question. AU: Okay, well as Chair, I would like to, I do see some people's mics off I don't know if Mr. Pipan wants to speak, but we are in discussion. I just want to share my really quick my positive use of a storage facility. At that time in my life, I needed to use a storage facility. There were cameras everywhere, it was safe, I was a bad boy I was the one that tried to bring in paint. I was 15 EXHIBIT B trying to store paint in the facility, and they stop me, right. So, like Mr. Pipan said they're going to have mitigation in place to protect the community, to protect hazardous materials from being in there, whatever the policies are, and I will not support this motion. Just want to share that with the Commission, I've used facilities like this, and I support it. I think this is an appropriate Special Use permit. So, if no other Commissioners. You know what, Mr. Pipan I will allow you to speak but can you just make it really brief because we are in the discussion part of it, but please go ahead. PIPAN: Yes, thank you Commissioner Au, Chair Au. Just wanted to speak to the criteria that the Planning Department is employing when evaluating a Special Permit. Is it unusual? Yes, they fell on the recommendation that this was an unusual use of agricultural land. Is it reasonable? This one is the very nebulous. They're citing the potential hazardous materials that we've been discussing over and over again, as the unreasonable aspect that would kick it out of consideration for a Special Permit. Is this really productive Ag land? No, of course not, not really. Is this impacting any of the surrounding neighbors? We can't say that it is. No one is saying that it's going to harm them. There are additional protections outside of the Zoning Code for installations like this. The Building Code has requirements for self-storage facility, and they relate to fire suppression. The Fire Department has their requirements for systems that aren't served by County water, such as this one. We're providing adequate water and Fire department connections for any fire that may arise. Just to wrap up, thanks for the latitude. We're perfectly amenable to deferring action, re- engaging, doubling our efforts to reach out to the community, maybe reducing the storage proposed use to a smaller facility. I think if you're open to that we're definitely open to exploring our options and really getting the most community feedback we can. Thank you. AU: Thank you, Mr. Pipan, thank you for those comments, and we still are in discussion with our commissioners, and it seems like Commissioners already know their vote. I do have a question for Mr. Darrow. So, what are the rules with this property because they got a permit back in 2012. They revoked it. The Planning Department agreed to revoke it in 2018 and now they're coming back again for a Special Permit. Whatever happens today if it gets denied or approved, I'm assuming they're going to be very creative. They want to develop the property which I know they probably want to do, because they keep coming back. Are there any rules against that or because they can come back for another Special Permit? Is that correct? DARROW: Correct. They can revise and come back in. There's been talk that a certain aspect of their request seems more appropriate than another aspect. They can revise as John mentioned the possibility of minimizing the amount of self-storage, I don't think that the Planning Department is going to change their position in regard to self-storage. I know that there are some criteria that can go either way. Is this area appropriate for ag uses? It's not the greatest ag area, obviously, but people are doing ag there, but the bigger issue is this request going to change the essential character of the area. Well self-storage in a rural area is definitely not the same as rural character. It's going to change and alter the essential character of the area. But the main 2 that we're focused on is the CDP and the General Plan(GP) and again as Mr. Clarkson mentioned, we do have 2 examples that we had brought up that met those criteria for self-storage and a Special Permit action. They did meet those two criteria. They were located in areas identified 16 EXHIBIT B by the CDP, the GP and even one that was part of their Association's Master Plan. But again, you can, if this Special Permit is denied today, the applicant's do have the ability to revise and come back. AU: Thank you, Mr. Darrow. So, if no Commissioners have any more comments, I'd like to call for the motion. KAY: Thank you, Mr. Chair. Commissioner Galimba? GALIMBA: Yes. KAY: Commissioner Lin? GALIMBA: Yes, is aye. KAY: Thank you. Commissioner Lin? LIN: Aye. KAY: Commissioner Aguinaldo? AGUINALDO: Did a shaka with hand, no sound. KAY: Commissioner Clarkson? CLARKSON: Aye. KAY: Commissioner Raffipiy? RAFFIPIY: Aye. KAY: Commissioner Replogle? REPLOGLE: Aye. KAY: And Chair Au? AU: No. KAY: Okay, thank you, Mr. Chair motion to deny carries six (6) to one(1). AU: Thank you very much. Applicant you'll be notified in writing, thank you for your time. KAY: Oh, sorry, Mr. Chair, one more thing. AU: Yes. 17 EXHIBIT B KAY: Actually, we will need to come back next week, pardon me, next month with a Findings of Fact, Conclusion of Law, Decision and Order, which is our standard practice when a permit is denied. Such that if the applicant wants to appeal, they can do so in the proper format, or with the proper document format. So, Malia I don't know if we need to take a separate vote on that or if that's something we can just schedule? KEKAL This should be another motion. KAY: Okay, can you help guide with the language of the motion Malia, I'm sorry. KEKAL "—" KAY: I'm sorry couldn't hear you. RAFFIPIY: I'll go ahead and make the motion. KAY: Okay. RAFFIPIY: I move that the adoption of the written findings of facts, conclusions of law, and decision in order be continued to the next scheduled meeting for the denial of Special Permit Docket No. 2021-005. AGUINALDO: I second. KAY: Thank you. AU: A motion is made and seconded for the findings of facts for the next scheduled meeting and which meeting would this be at? KAY: The February, I believe February 3rd is the date, yeah, February Yd. AU: Okay, can we take a, let's just go ahead and take a vote, not a voice vote. Let's just take a one-by-one vote so, can you please go-ahead Mr. Kay. KAY: Thank you, Mr. Chair. Commissioner Raffipiy? RAFFIPIY: Aye. KAY: Commissioner Aguinaldo? AGUINALDO: Aye. KAY: Commissioner Clarkson? CLARKSON: Aye. 18 EXHIBIT B KAY: Commissioner Galimba? GALIMBA: Aye. KAY: Commissioner Lin? LIN: Aye. KAY: Commissioner Replogle? REPLOGLE: Aye. KAY: And Chair Au? AU: Aye. KAY: Thank you Mr. Chair, motion carries seven (7) nothing (0) AU: Okay, thank you very much. The item ended at 10:35 a.m. Respectfully submitted, Melissa Dacayanan-Salvador Secretary to Boards and Commissions 19 EXHIBIT B