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HomeMy WebLinkAbout2003-03-07 tgamrex PLANNING COMMISSION COUNTY OF HAWAI`I HEARING TRANSCRIPT March 7, 2003 A regularly advertised public hearing on the application of GAMREX, INC. was called to order at 11:52 a.m. in the King Kamehameha's Kona Beach (SMA 02-008) Hotel, Ballroom IV, 75-5660 Palani Road, North Kona, Hawai`i, with Vice Chairperson Hannah Springer presiding. PRESENT:Hannah SpringerABSENT & EXCUSED: Fred Galdones Jeffrey McCallEarl Fujikawa Geraldine M. GiffinFlorence Kubota Aurelio Mina, Jr. Francis Smith Bill P. Thibadeau Ivan Torigoe, Deputy Corporation Counsel Christopher J. Yuen, Planning Director Norman Hayashi, Staff Planner Phyllis Fujimoto, Staff Planner Daryn Arai, Staff Planner Norren Kato, Staff Planner Kiran Emler representing Department of Public Works With approximately six people from the public in attendance. APPLICANT: GAMREX, INC. (SMA 02-008) - Application for a Special Management Area Use Permit to allow the construction of a portion of the Horse Shoe Bend and Hlualoa Streams Flood Control Project. The project site is located within and to the west (makai) of Kuakini Highway in the vicinity of Komohana Kai Subdivision, Hlualoa, North Kona, HawaiÒi, TMK: 7-6-24:25 and 77. SPRINGER:The Hawaii County Planning Commission meeting will come to order. The next application is the application for a Special Management Area Use Permit to allow the construction of a portion of the Horse Shoe lualoa Streams Flood Control Project. The project site is located within and to the west (makai) of Kuakini Highway in the vicinity of Komohana Kai Subdivision, Hlualoa, North Kona, Tax Map Key 7-6-24:25 and 77. Norman? HAYASHI:Madam Chair and Members of the Commission, we received t letter dated February 28, 2003 from a Mr. Martin Ohan, who is an adjacent property owner. This was a Petition for Standing in a Contested Case hearing on this matter. Gamrex, through Mr. Greg Kashiwa, is aware of the request for, or the petition that was EXHIBIT B filed by Mr. Ohan. As a result of this request for a Contested Case Hearing, Mr. Kashiwa has requested that the Commission continue this hearing in order that he may be allowed to discuss the issue with the person that filed the Contested Case Hearing. We are recommending that this hearing be continued. SPRINGER:Thank you, Norman. HAYASHI:Both Mr. Kashiwa and Mr. Ohan are present today. SPRINGER:Norman, thank you. I understand the Staff Recommendation is to take this matter up at another meeting, but we do have two membe here and would like to speak on the matter. IÓd like to accept that public testimony at this time. But I need to ask, confer with Corporation Counsel, if I may. Thank you for your indulgence. Upon conferring with our Deputy Corporation Counsel, IÓd like to ask the Applicant to come forward to the table first and to provide for us the status of this application at this time. And then weÓll hear from those members of the public who would like to testify on the matter. So if you could come forward, please? At this time, I would like to ask the ApplicantÓs representative and all members of the public who are making testimony on this matter to raise your right hands to be sworn in on this matter. So we have Mr. Kashiwa and, also, Lunakanawai Hauanio, who I believe has left, and Martin Ohan. Raising your right hands, do you swear or affirm to tell the truth on this matter now before the Hawaii County Planning Commission? TESTIFIERS:I do. SPRINGER:Thank you. At this time, could you please give your name and your resident address, Mr. Kashiwa? KASHIWA:My name is Greg Kashiwa and my address is 76-6351 Pualan Street, Kailua-Kona. IÓm here to represent Gamrex, Inc., whoÓs the Applicant. SPRINGER:Thank you. Could you offer us the status of the application at this time? KASHIWA:The application, as submitted, is subject to, I guess, a letter that was submitted requesting a Contested Case Hearing. The Applicant, through myself, has made an attempt to communicate with the concerned parties, mainly, residents of Kuakini Makai Subdivision. And this past Wednesday, I did go to their annual meeting and presented the entire project to them, aside from what goes on in the SMA. What they have finally decided is unknown to me at this point in time, but I think that Mr. Ohan can express what happened thereafter. SPRINGER:Okay. Thank you, Mr. Kashiwa. And being mindful that the staff has made a recommendation to take this matter up at a subsequent meeting, IÓll now call 2 on Mr. Ohan, please. Mr. Ohan, using the microphone right in front of you, could you please first give your name and address for the record? OHAN:First of all, good morning and good afternoon. ItÓs a pleasure being here to speak to you. My name is Martin Ohan. I live at 76-6223A Mikilana Street, Kailua-Kona; and IÓve been a resident of Kuakini Makai for a little over 12 years. SPRINGER:And your testimony. OHAN:My testimony is that several of us, obviously, in the Kuakini Makai Subdivision who live within approximately 300 feet of the Gamrex property and received several announcements regarding the SMA application and also put on notice that the Planning Commission was going to hold a meeting today at a certain time, and that, obviously, if any of us had any questions that we could request the full application be sent, I believe, from here or to the Kona office to the Planning Department to look at it. And so several of our neighbors that I am close to discussed and wanted to look at the application. I went down personally and looked at it and had several questions of concern. And, based on that, I filed a Contested Case Hearing because several of the neighbors in the area either didnÓt understand or they couldnÓt look at the application. rd And earlier this week, as of Monday, the 3, the Gamrex representative, the Applicant, and myself, and three other members of the Kuakini Makai Homeowners Association Board met to informally discuss the project and some of the concerns that we had. And in addition to that, we invited Greg to meet and speak at our annual meeting of the Kuakini Makai Homeowners Association, which he so promptly did; and we had a very successful sort of interaction, the communication was free-flowing. We resolved a few of the key issues that we had some major concerns about and look forward to addressing some of the other items that were not actually put down in writing. SPRINGER:So, Mr. Ohan, youÓve heard the staffÓs recommendation that this matter be taken up at a subsequent meeting. This will allow mor communication between yourselves and the Applicant? OHAN:ThatÓs correct. SPRINGER:Good. OHANA:And IÓd be happy to show you some of the key issues that w discussing, if that would appropriate at this time just to bring it out, because I donÓt know exactly when the next meeting is going to be. SPRINGER:Yes, that would be fine. OHAN:So if I could take a few minutes just to brief you. Some o concerns weÓve had, had to do with the hours of operation and the timing; and we have agreed that Monday through Friday would be the agreeable days, and not Saturdays like the surrounding projects have been allowed to do. Also, that no construction or road 3 traffic to this project would come through a stubout on Mikilana Street, which was also of a concern to the subdivision. And we also wanted to know the exact length of the project. ThereÓs a certain phase thatÓs going to be involved here, and all the agencies are going to be involved with the approval of this flood control channel, and what the timing is for that. So the residents are very concerned about timing, with the Applicant at a later date. And we also have some concern about the project being turned over to the County of Hawaii after this flood channel is completed, and what the housing development proposals will be by the County of Hawaii. And we also have concern about, even though this is a stubout at Mikilana Street, using this as an access through Mikilana and to several other streets to gain access to the Kuakini Highway, which we believe would impact traffic, and congestion, and noise, and perhaps create a nuisance in the subdivision. So those are some of the issues that we brought up at this time. SPRINGER:Thank you, Mr. Ohan. At this time, I think it would appropriate for the Commission to entertain a motion to continue this matter. I would inquire of staff when our schedule is next clear to take this matter. HAYASHI:ItÓs my understanding that the next meeting in West Hawaii would th be on April 4. Just as a matter of clarification, Madam Chair, I was just reviewing your Contested Case ruling, rules, and it does state here that ÐUpon receipt of a written request to intervene, the Commission at the first meeting on the matter shall hold a hearing on the written request.Ñ So perhaps that should be deferred to Corporation Counsel for a response as to whether that request for a Contested Case or a Petition for a Contested Case Hearing should be taken up at this particular meeting. SPRINGER:Thank you, Norman. Ivan, Mr. Torigoe? TORIGOE:Yeah, the rule does say that. If, but then, also, I think the rules allow for the parties to agree to modify the procedure. So if the parties would like to simply put that issue of determining standing off to the next meeting, that can be done. But if you prefer just, if the parties donÓt want to stipulate to that, then under the rules, you probably should take it up now and decide whether standing is going to be granted. SPRINGER:Mr. Ohan, what is your pleasure at this point? Would you like us to make a determination on your application to be an intervenor in a Contested Case th Hearing, or would you like to use this time before our April 4 meeting to perhaps negotiate and meet with the Applicant? YouÓll have the opportunity to come forward at that time. OHAN:Right. I understand that. WeÓd like the opportunity to meet with the Applicant in this period of time and resolve some of the concerns and issues that I 4 have and the rest of the concerned citizens of Kuakini Makai have. So we appreciate that opportunity. SPRINGER:Okay, Mr. Ohan. Thank you, Norman, for drawing that to our attention. Okay, if we can, what IÓm looking for is understanding that the matter of request for standing will be addressed at our upcoming meeting r Members, do we understand that that will be before us at our next meeting? COMMISSIONERS:Yes. SPRINGER:Okay, thank you. And, both parties, you understand that and are comfortable with it? OHANA:Yes. KASHIWA:Yes. SPRINGER:Thank you very much. If now, IÓd like to entertain a m th continue on the date that weÓre looking at, is April 4 our next meeting in West Hawaii. Is there a motion? Mrs. Giffin, Commissioner Giffin? GIFFIN:Sure, Madam Chair. Madam Chair, as per the request by th th Department to continue this hearing until the April 4 meeting and at that time there will be a determination of standing for Mr. Martin M. Ohan on this agenda item, I so move. SPRINGER:Thank you. Is there a second? MINA:Second. SPRINGER:Thank you. Moved by Commissioner Giffin and seconded by th Commissioner Mina that this matter be continued to April 4 and, also, that the matter of Mr. Ohan and his request for standing be taken up at that time. May we have the roll call, please? HAYASHI:Commissioner Giffin? GIFFIN:Aye. HAYASHI:Commissioner Mina? MINA:Aye. HAYASHI:Commissioner Smith? SMITH:Aye. 5 HAYASHI:Commissioner Thibadeau? THIBADEAU:Aye. HAYASHI:Commissioner McCall? MCCALL:Aye. HAYASHI:Chair Springer? SPRINGER:Yes. HAYASHI:Motion carries. SPRINGER:Thank you. The discussion ended at 12:04 p.m. Respectfully submitted, Sharon M. Nomura, Secretary 6