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HomeMy WebLinkAbout2011-03-17 Leeward Exh B - Verosko LEEWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT MARCH 17, 2011 KEN VEROSKO dba SOUTH KONA A regularly advertised hearing on the application of FRUIT STAND (AMEND SPECIAL PERMIT NO. 1253) was called to order at 9:41 a.m. in the King Kamehameha's Kona Beach Hotel, Ballroom I, 75-5660 Palani Road, Kailua-Kona, Hawai‘i, with Chair Geraldine Giffin presiding. COMMISSIONERS PRESENT: Geraldine Giffin, Brandi Beaudet, Lani Bowman, Thomas Hickcox, Frederic Housel, Wayne Iokepa and Richard Nelson STAFF PRESENT: Julie Mecklenburg (Deputy Corporation Counsel), Margaret Masunaga (Deputy Planning Director), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner) and Maija Cottle (Staff Planner) And approximately 15 people from the public in attendance. APPLICANT: KEN VEROSKO dba SOUTH KONA FRUIT STAND (AMEND SPECIAL PERMIT NO. 1253) Amendment to Special Permit No. 1253, which allowed the establishment of a smoothie stand on a 0.5-acre portion of a larger 6.2-acre parcel of land situated within the State Land Use Agricultural District. The amendment request is to increase the days and hours of operation, increase the number of employees, allow the sale of food and non-food items including products from other farms, and enlarge the permit area to 1.5 acres. The project site is located along the east (mauka) , Highway – City of Refuge Road junction, Keokea, South Kona, Hawai‘i, Tax Map Key 8-4-15: portion of 4. GIFFIN: Let’s begin with our first agenda item. The applicant is Ken Verosko. It’s an amendment to Special Permit No. 1253. He is asking for an amendment for, the reason is to request to increase the days and hours of operation, increase the number of employees, allow the sale of food and non- food items including products from other farms, and to enlarge the permitted area to 1.5 acres. Maija? COTTLE: Thank you, Madam Chair. Good morning, everyone. COMMISSIONERS: Good morning, Maija. COTTLE: Nice to see everybody safe and sound after last week. If I can direct your attention to the screen. The first application is an amendment request to Special Permit 1253. The applicant is Ken Verosko, and his business is South Kona Fruit Stand. The subject property is in the South Kona District, and it’s just south of Keokea, which is in this area of the slide right in the middle. -south direction through the middle of the property is zoned Agricultural 5 acres, as well as all the properties around it. The General Plan designation for the property is Important Agricultural Land, as well as all the properties surrounding 1 EXHIBIT B it. And the Kona Community Development Plan, the property is actually not located in the Kona Urban Area and it’s also not located in any of the rural town centers; so there are no specific land use development strategies for this area. But the Kona CDP does heavily support agricultural endeavors and there is actually,an objective of the CDP is to enhance existing agricultural endeavors and support new endeavors; so this request would be consistent with that objective. The applicant is proposing to make some amendments to their existing Special Permit. Special Permit 1253 was issued to allow the establishment of a smoothie stand on approximately half an acre at the location of what was just the South Kona Fruit Stand. Since then their business has grown, and now they are requesting to expand the hours of operation to 7:00 a.m. to 7:00 p.m. daily. Currently they are closed on Sundays, so they want to be able to operate on Sundays. They also want to increase the number of employees to four; I believe currently they have three employees. And they want to allow the preparation and sale of food items such as sandwiches, salads, fish tacos, soups and baked goods; currently they are just serving smoothies. And they also want to allow the sale of produce from other farms, as well as the sale of non-food items such as T-shirts, soaps, mugs, local crafts and souvenirs. They would like to expand the permit area from half an acre to an acre and a half; this would also include using a 900-square foot shade house structure as a seating area for their patrons to eat the food at. This is a site plan of the entire property. You can see the highway runs along the bottom of the slide. The applicant actually has their existing dwelling in this area here; so they live on the property. And then the smoothie stand is located in this area, and the shade house structure that they want to use as outdoor seating is located in this area. You can see the majority of the property is actively being farmed with citrus, avocado and other trees. This is a close-up view of the site plan. Again, you can see the highway on the bottom of the slide. They have a one-way-in-one- way-out circular driveway here; so you would enter on the north side of the property and exit on the south side of the property. And then you can see parking in the front and on the sides of the lot here, the shade house structure and the existing fruit smoothie stand. The smoothie stand actually does have a bathroom inside and a commercial kitchen. This is a view of the smoothie stand, as well as the driveways here; you can see the entrance in and the exit out here. There’s some parking in this general area here. This is the shade house structure that they want to use as outdoor seating and then the smoothie stand. This is a view of the entrance on the highway, looking north; so this is the entrance here. And a close-up view of the smoothie stand, as well as the parking area in front here. And then another view of the parking areas and the outdoor seating area here. The Planning Director is recommending that the amendments be approved. And I just want to draw your attention to a letter we received from Kona Soil and Water Conservation District that you should have gotten in your folders; this is a letter of support. And that is it. Are there any questions? GIFFIN: Commissioners, any questions of staff? Commissioner Housel? HOUSEL: Maija, you showed the driveway as an entrance on one side and exit on the other. Is there any flow control there? COTTLE: Flow control meaning -? HOUSEL: That to maintain that direction. 2 EXHIBIT B COTTLE: Well, there are posted one-way signs and -. HOUSEL: Are there? Okay. COTTLE: The applicant worked with the Department of Transportation to reconfigure the driveway so that the Department of Transportation is the one that signed off on this configuration to have a one-way driveway. HOUSEL: I see, okay. The drawing that was in the information they have says entrance on both sides. COTTLE: Yeah, the driveway used to allow entrance on both sides. And then once they got a permit from DOT to reconfigure the driveway, it was switched to a one-way-in-one-way-out. HOUSEL: Okay, so anyone going north on -. COTTLE: Correct. HOUSEL: Entrance. Okay. Thank you. COTTLE: You’re welcome. GIFFIN: Commissioner Bowman, you look like you have a question. BOWMAN: Well, that was a same question. But on the slide I did not see -. I saw a one-way on one slide, but not -. Is there a one-way somewhere there? Because -. COTTLE: There is a one-way sign right here. BOWMAN: Oh, okay, sorry. COTTLE: And then – it’s really hard to see – but I believe there is a one-way sign right on this side, too. BOWMAN: Yeah, the next slide shows the one-way -. COTTLE: Yes, here. BOWMAN: Yeah, but I didn’t see the one-way on the other. Okay, thank you. COTTLE: Yeah, it’s right in this area over here. So the arrow would be pointing out towards the highway, meaning exit. BOWMAN: So there is nothing actually, if you are coming from the south, that says, “One way. Do not enter,” or is that at up there? COTTLE: I don’t recall seeing any signs, if you are heading in a north direction, that restricted saying do not turn or no access; the only signs I recall seeing are the one-way here and the one-way here. 3 EXHIBIT B BOWMAN: Would that, I mean, is that a normal practice to have one-way-do-not-enter signs? Do you know? COTTLE: It is. I’m just assuming that since the Department of Transportation approved the driveway permit and actually told the applicant how the driveway needs to be configured, they are the ones that also evaluated where the signs should be placed. BOWMAN: Okay, thank you. GIFFIN: And maybe the applicant, when I call him up, can go ahead and answer that question. Commissioners, any other questions of Maija? Maija, I have a question. In the background report on the page that’s right after the pictures, there is a map;I can’t see where the subject property is. COTTLE: Right after the pictures -. GIFFIN: It’s right, it’s facing the letter from DLNR. COTTLE: So you are looking at the Tax Map. GIFFIN: Yes. Where is the site on this map? COTTLE: It’s actually, if you can see the highway over on the left side of the map, if you look at the last parcel at the bottom of the page, it’s marked Parcel 4. GIFFIN: Can everybody see that? COTTLE: It’s in the very bottom left corner. GIFFIN: The bottom? Left? COTTLE: The top left – if you are looking at it straight on, it would be the top left. GIFFIN: Oh, okay. MASUNAGA: Lower the lights. GIFFIN: No, don’t lower the lights yet, otherwise I won’t be able to see the map. MASUNAGA: Can you dim it a little bit so we can still see what we are reading but also see that better? GIFFIN: Thank you. Anybody else have any questions of staff? MASUNAGA: Oh, not that dark. Not that dark. GIFFIN: Thank you, Jeff. DARROW: How’s that? 4 EXHIBIT B GIFFIN: This is great. Thank you very much. Since there are no further questions at the moment of staff, I’d like to call the applicant and/or representatives to please come forward. Good morning. Will you please raise your right hands? Thank you. Do you swear or affirm to tell the truth on this matter now before the Leeward Hawai‘i County Planning Commission? MIKKELSON: I do. VEROSKO: I do. GIFFIN: Thank you. Will you please state your name and your address, please? VEROSKO: Kenneth Verosko, 84-4770 Mamalahoa Highway, Captain Cook, Hawai‘i 96704. MIKKELSON: I’m Lori Mikkelson, GIFFIN: Thank you very much. Maybe you would like to go ahead and just give us an overview as to why you want to go ahead and have this amendment to your existing Special Permit. And then, you probably heard the question that Commissioner Bowman had, and please address that as well. VEROSKO: As of now we have a very productive fruit farm, and we thought this would be a great idea to get our mangos when they are in season, rather than throwing them away, that we could freeze everything and make smoothies, which would be a great use of all of our fruits and vegetables and things. And that was all great idea, and we are moving in that direction. And also, we would like to be able to sell our neighboring farms’, their fruit; they have excess and it’s hard for them to market it, so it’s very convenient and helpful for them to market it through our establishment. The hours of operation, Sundays we’ve been closed, and a lot of people, they would like to come out from Kona, they come up for a weekend drive or whatever, and Sundays sometimes is their only day to do that, so we would like to open on Sundays as well. And we would like to sell local soaps and handmade crafts, Hawaiian things. We have a lot of local community customers and we get a lot of tourists as well, people on their way to the volcano, and the seating area would be a great place for them to get off the road for a minute, have a smoothie, sit down out of the sun and just enjoy their day. And the building used to be a nursery, so it was an already permitted building. But instead of a nursery, now we thought it would be a great idea to have a littleseating area there. As far as the one-way signs, we have, we applied for a permit and it’s been approved by the Highway Department that we would have a one-way traffic pattern. We widened the, as you can see, it’s new concrete there, and we made it to their specifications. We have a sign one-way-in on the north side, we have a sign one-way-out on the south side, and right next to the sign we have a one-way-do-not-enter sign. GIFFIN: Oh, you do then. VEROSKO: Yes. GIFFIN: Commissioner Bowman, did you want to proceed or ask any more follow-up questions? BOWMAN: Well, I have other questions, but when he is through. 5 EXHIBIT B GIFFIN: Go ahead. BOWMAN: But I don’t think he’s through yet. GIFFIN: Are you pau? VEROSKO: Yeah. GIFFIN: Lani, he’s pau. Ask your question. BOWMAN: I notice that you want the operations till 7:00 p.m. How is the traffic? My concern is that in the winter time it gets dark pretty early, and would that be a problem, you know, traffic- wise? I don’t live up there, so -. Would that be a problem being that it’s dark? VEROSKO: No, I don’t think so. It’s kind of our slow time of the day. And actually most of the traffic we get is people coming back from the volcano that time of the day and just trying to grab some fruit before they get back to town. BOWMAN: Okay. And my second question is your foods that you are proposing to sell, the fish tacos and salads and baked goods, that would be from the premises or locally? VEROSKO: We were already permitted to sell sandwiches, fish tacos, baked goods – that was part of our original permit. What we are adding to this original permit is the selling of local people’s fruits and vegetables and selling soaps and non-ag items. BOWMAN: Okay, and those would be local, like the T-shirts, mugs, would be local -? VEROSKO: Yes. It would be just like, maybe South Kona Fruit Stand T-shirts, and mugs would be, we don’t know if it’s going to be mugs, but we would just like to, we want to include all things that might be. BOWMAN: Okay. I think those are my only questions. Thank you. GIFFIN: Commissioners, are there any other questions of the applicant? Okay, ma’am, would you like to say a few words? MIKKELSON: No, I think it’s been covered pretty well. Thank you. GIFFIN: Okay. Did you want to add anything else? Because we have a list of people who have signed up to testify. VEROSKO: I’m finished. GIFFIN: Good. Thank you. If there are issues that need to be addressed by you when they are through, I will call you back up. All right? VEROSKO: Okay, thank you. 6 EXHIBIT B GIFFIN: You’re welcome. Thank you. There are six people who have signed up to testify on this agenda item: Roxann – I don’t know how to pronounce your last name – Taughinbaugh. TAUGHINBAUGH: Yes. GIFFIN: Good. Okay. Gay Willick – please come forward as I call your name – and for real, Tina Turner. Oh, I see there is a forth chair. Sheila Archibald, will you please come up. And all of you, please raise your right hands. Thank you. Do you swear or affirm to tell the truth on this matter now before the Leeward Hawai‘i County Planning Commission? TESTIFIERS: Yes, I do. GIFFIN: Thank you. Go ahead and take a seat. And then I’m going to start with you, ma’am, in the pink, the dark pink. Your name and your resident address, please. TAUGHINBAUGH: My name is Roxann Taughinbaugh, and my address is 87- Highway, Captain Cook, 96704. GIFFIN: Thank you. And your name, ma’am? WILLICK: Gay Willick, 84- TURNER: Tina Turner, 84- ARCHIBALD: Sheila Archibald, 86- GIFFIN: Let’s begin with you, ma’am? TAUGHINBAUGH: Okay. I just want -. I am a small farmer. I live about eight miles south of the South Kona Fruit Stand. And it would be great for me to be able to bring my excess produce to the Fruit Stand and they can sell it there. I think waste of fruit here is a huge issue, and that would give all the farmers in South Kona area a way to market their produce. Thank you. GIFFIN: Thank you. Gay Willick. WILLICK: I think it would be a big advantage to all the small farmers, and then also to the tourists so that they can get what they need, you know. GIFFIN: Do you also have a farm? WILLICK: Yes. GIFFIN: I see. So you, too, would be looking at selling your excess fruit. WILLICK: I have a garden mostly. GIFFIN: I see. Okay, thank you. And Tina Turner. 7 EXHIBIT B TURNER: Our farm is located directly across the street from the South Kona Fruit Stand. Over the years we have witnessed Ken and Beth experience devastation and insurmountable obstacles. They’ve always come through these with grace and just unwavering determination. We, as farmers, would greatly benefit; we would be able to sell our produce, as well as local artisans. I think that these requested changes, if they were allowed, they would benefit everyone – tourist and community as a whole. Thank you. GIFFIN: Thank you. Sheila Archibald. ARCHIBALD: Well, I live with my husband in Kealia Town. I’m a horticulturist and a farmer, and would love to sell fruits and veggies to the Fruit Stand when I have excess. But I have watched them for years working so hard and putting so much money and effort into this endeavor. And I think it’s a great asset for our community and for the economy in that area. And I would just love to see them be successful. GIFFIN: Thank you very much. Commissioners, any questions for the testifiers? Seeing none, thank you very much. Jack Turner and Mike Hendrickson, will you please come forward? (A cell phone rings.) HENDRICKSON: Shall I proceed? GIFFIN: Just a minute, I was just waiting for Commissioner Bowman. BOWMAN: Sorry. GIFFIN: If you – I did not remind you – but if you do have your cell phones on, please turn them off. Thank you. And could you please raise your right hands? Do you swear or affirm to tell the truth on this matter now before the Leeward Hawai‘i County Planning Commission? TESTIFIERS: I do. GIFFIN: Thank you. Will you please state your name and your address? HENDRICKSON: My name is Mike Hendrickson. My address is 92-8411 Bamboo Lane, Ocean View, Hawai‘i 96737. GIFFIN: Thank you. And you, sir? TURNER: My name is Jack Turner. I’m at 84 – I don’t even know my address, I’m a P. O. Box guy –I’m directly across the street from South Kona Fruit Stand. GIFFIN: Mr. Hendrickson, could we begin with you, please? HENDRICKSON: All right. I’d just like to say that Ken and Beth are good friends of mine. I know a lot of the farmers in that area. And there is literally no restaurants or anything in between the South Kona Fruit S 8 EXHIBIT B community and to all the farmers that would also benefit from them having longer hours and more things for sale there. GIFFIN: Thank you. Mr. Turner? TURNER: Well, as you can tell, I’m not a very good speaker. I just want to stand and support what everybody else said. I do think it’s an asset. Thank you. GIFFIN: Thank you. Commissioners, any questions of the testifiers? Thank you very much. You may go back. Commissioners, do you want me to ask the applicant to come forward again? Do you have any more questions of -? BOWMAN: I have -. GIFFIN: Yes. BOWMAN: One quick question, if -. GIFFIN: Commissioner Bowman. BOWMAN: I’m sorry. GIFFIN: Please come forward. BOWMAN: I knew I had another one – I couldn’t remember. GIFFIN: I knew you did, too. BOWMAN: Sorry. Are you familiar with the recommendations? VEROSKO: Yes. th BOWMAN: Okay, because my question was, I know in the correspondence, February 16, you had stated that you would cease watering your orchards. And that concerned me. So, are you okay with Condition No. 3 that you need to change the watering? VEROSKO: Yes, we’re going to -. We have been in a draught, as you all know, and so for a period of time, I’ve been probably using excessive water just out of seeing my trees dying off. But we’ve been blessed with water in the last few months, and the orchards are all coming back and everything is looking great. I’ve discontinued watering of the large trees, which uses most of the water. And now on the future plan, we are working with the agencies and we are considering a catchment system, a backup catchment system, in case of a draught again. BOWMAN: Okay. That was my question, because there probably will be a draught. And it concerns me; you put a lot of effort into your orchards, I’m sure, so, and looking at the requirement that the Department of Water Supply had. You are okay with that? VEROSKO: Yes. 9 EXHIBIT B BOWMAN: Okay, thank you. VEROSKO: You’re welcome. GIFFIN: Any other questions of the applicant? Maija, were you going to speak to anything -? COTTLE: No, Madam Chair. GIFFIN: Okay. Commissioners, I’d like you to please take a look at Pages 4 and 5 of the recommendation and be sure to note the changes in the conditions. And Commissioner Bowman brought up Condition No. 3. There is a new Condition No. 2. And I think there are a new Condition No. 4 and a new Condition No. 5. Correct, Maija? COTTLE: That’s correct. GIFFIN: Okay, so technically we are only speaking of five stated conditions, right? COTTLE: Yes, that’s correct. GIFFIN: Now, in a motion, do we have to state that these are new conditions, or can we just say as conditioned by the Department? COTTLE: As recommended by the Department. GIFFIN: Great. Commissioners, any more comments or questions? Then I’m ready to hear a motion. BOWMAN: I move -. GIFFIN: Commissioner Bowman. BOWMAN: I move that we approve the amendment to Special Permit No. 1253, with the recommendations of the Department. GIFFIN: Do I hear a second? HOUSEL: I’ll second that. GIFFIN: It’s been moved by Commissioner Bowman and seconded by Commissioner Housel that we approve the request for an amendment to Special Permit 1253, along with the conditions as stated by the Department. Any questions? Discussion? Hearing none, Maija. COTTLE: Thank you, Madam Chair. Commissioner Bowman? BOWMAN: Aye. COTTLE: Commissioner Housel? HOUSEL: Aye. 10 EXHIBIT B COTTLE: Commissioner Beaudet? BEAUDET: Aye. COTTLE: Commissioner Hickcox? HICKCOX: Aye. COTTLE: Commissioner Iokepa? IOKEPA: Aye. COTTLE: Commissioner Nelson? NELSON: Aye. COTTLE: And Madam Chair? GIFFIN: Aye. COTTLE: Okay, the motion passes to approve, seven-zero. GIFFIN: Congratulations. And you’ll be hearing from our Department. VEROSKO: Thank you very much, ladies and gentlemen. I do appreciate it. And it’s a good thing for the community. GIFFIN: You are very welcome. Good luck. The discussion ended at 10:08 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 11 EXHIBIT B