Loading...
HomeMy WebLinkAbout2005-03-18 TPARKERSCHOOLTRUST PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT March 18, 2005 PARKER SCHOOL TRUST A regularly advertised hearing on the application CORPORATION (USE 04-006) was called to order at 2:09 p.m. in Hapuna Beach Prince Hotel, Hau/Lehua Room,62-100 Kaunaoa Drive, Kohala, Coast, Hawaii with Chairman Galdones presiding. PRESENT:Earl FujikawaABSENT & EXCUSED:Rene' Siracusa C. Kimo Alameda William Graham Jeffrey McCall FrancisSmith Hannah Springer Fred Galdones Ivan Torigoe, Deputy Corporation Counsel Christopher J. Yuen, Planning Director Norman Hayashi, Planning Program Manager Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner Kiran Emler representing Department of Public Works And approximately 15 people from the public in attendance. APPLICANT: PARKER SCHOOL TRUST CORPORATION (USE 04-006) Use Permit application to allow the establishment of an Educational Center, including a pre- school, on 62,000 square feet of land zoned Agricultural 1-acre (A-1a) within the State Land Use Urban District. The property is located along the southeast side of Kapiolani Road, approximately 1,700 feet east of the Kapiolani Road-Lindsey Road intersection, Waimea, South Kohala, Hawaii, TMK: 6-5-4: portion of 25. GALDONES:Commissioners, we are on agenda item #9. The applicant is Parker School Trust Corporation (USE 04-006). This is a use permit application to allow the establishment of an education center including a pre-school on 62,000 square feet of land zoned Agricultural 1-a, A-1a within the State Land Use Urban District. Norman. HAYASHI:Thank you, Mr. Chairman, members of the Commission. The- going to the location map on the board, the subject property is indicated by this red dot at this particular location. Just as a matter of orientation, this is the Mamalahoa Highway leading towards Hilo and this would be in the Kona direction. This would be the road, that€s a Kawaihae Road; and this intersection- at this intersection, well, actually this particular section of the road is referred to EXHIBIT G as Lindsey Road. And from Lindsey Road- off of Lindsey Road is Kapiolani Road which serves as access to the proposed facility. The green shaded area is a zoning of this particular property and is zoned Agricultural 1 acre, although the property is within the State Land Use Urban district. Because the property is within the urban district and also zoned Agricultural 1 acre, the Zoning Code requires that in order to establish a facility of this nature that a use permit shall be secured from the Planning Commission. On the subject property- this is the 62 acre- a 62,000 square feet area that the applicant proposes to establish the education center as well as possibly a pre-school. And this is a portion of a larger lot owned by the Trust- Parker School Trust. The total area of the property is approximately 12+ acres. On this property and accessing off of Kapiolani Road there is an existing warehouse which the applicant intends to convert to an educational center and possibly to use the property also- the building for a pre-school. There is also the existing single-family dwelling to the rear of the property that may be used as part of the facility or the complex. The proposal according to the application is to accommodate approximately 20 to 30 students. Theeducationalcenterwillbeoperatedduringthelateafternoonoreveninghours;andinthe application they indicated that the use would be up until 10:00 p.m. However the applicant had provided information that they may limit the hours to 9:00 .m. The actual improvement costs- the estimated improvement costs for renovation of these facilities- this facility would be approximately half a million dollars. And the projected- projected opening would be in May- oh excuse me- Summer of 2006. The surrounding area consists of single-family dwellings, as well as vacant lands, as well as properties that are used for some sort of agricultural activity. The area along Mamalahoa Highway indicated by this purple shaded area or colored area are lands that are currently zoned Village Commercial, and that includes the Waimea Shopping Complex. That also includes the KTA Super Stores. We have received a number of letters that are made part of the file. We do have letters from Janine Packett, Victoria Missien that are in opposition to the petition. We also have a letter from Patricia Lee in support of the petition, as well as a Charlene Nakagawa who expressed some concerns relative to traffic. We did receive 2 petitions for standing in a contested case hearing; one from Linda Copman and the other from Diane and Mark Mahaney. These 2 applications were submitted on a timely- in a timely manner. With that- also I was approached by Mr. Mahaney during the morning session that he would not be able to be here in the afternoon since he has a plane to catch, and he requested that Ms. Copman be able to represent him in- in this matter today. Are there any questions? GALDONES:Commissioner any questions of Norman? Okay hearing none, will the applicant or his representative please come forward. Mr. Fuke you have already been sworn in, you are still under oath. Will Ms. Giffin be making any testimony? FUKE:Yes, she would. GALDONES:Ms. Giffin, I need to swear you in. You know the process. GIFFIN:I do. 2 GALDONES:Do you swear or affirm to tell the truth on this matter now before the Hawaii County Planning Commission? GIFFIN:I do. GALDONES:Ms. Giffin, would you please state your name and your resident address. GIFFIN:I€m Geri Giffin and my address is 65-1266 Lailai Road, Kamuela, Hawaii. GALDONES:Thank you. Mr. Fuke, have you received the background report and also there is a recommendation that€s attached to it. Do you have any comments to it? FUKE:Yes, we did receive the staff€s background report and the prepared- proposedrecommendation.Itwassharedwiththeapplicantandboththebackgroundreportand the recommendation were favorably considered by the- by the applicant. So we have no comments, or additions, or corrections to suggest on either of those 2 items. GALDONES:Thank you. Commissioners, do you have any questions of Mr. Fuke or Ms. Giffin? Commissioner Graham. GRAHAM:My questions a little bit about the sort of structural organization, and how we came to where we are now with the Trust Board of Directors as opposed to the school, and how these 2 entities relate, and why these applications are separate, and if they are coordinated in any way, and then what future plans for other uses on the property or kind of out in the community or in the future. Thank you. FUKE:Mr. Chairman, I think that€s a very pertinent question and that€s one of the reasons why Ms. Giffin is here. Ms. Giffin is the- is a member of the Trust Corporation, so she€ll respond to that question directly. GIFFIN:Hi Bill, thanks for the question. And that€s a good one because I understand that there is some confusion even amongst the members- the other members of the Commission about the difference between the Parker School Trust Corporation and the School Board. The Trust Corporation is the- 1 of 4 beneficiaries of the Parker Ranch Foundation Trust. And, it is through that avenue that the beneficiaries, one of which is Parker School Trust, receives money from Parker Ranch. It is our job just to manage and disseminate money to the School Board. The School Board manages the whole school. They do the hiring, the firing, the curriculum, desires for expansion and all of that. There is no school management by the Trust. And you asked about development of the 12 acres? GRAHAM:I asked about like- coordination between the 2 different use permits we have today. GIFFIN:Oh, they€re separate. Bill, they are totally separate because we are 2 separate entities. And if you take a look at the next agenda item you€ll see that it has to do with the use permit for the construction of an elementary lower school which is school business. Our 3 use permit application has to do with the use of the existing warehouse and the existing home that is behind the warehouse, as you cansee from that map that Norman referred to. GRAHAM:So well, you know, if this is approved and all, and the facility is going to be used- the warehouse you€re going to renovate, are you going to become the operational entity for that use or -? GIFFIN:You mean for the use of the warehouse? GRAHAM:Yes. GIFFIN:Yes, because it€s going to be strictly for community education versus the school. Community Ed meaning adult education usually. GRAHAM:Andhowaboutthepre-schoolpartthat€salsointheapplication? GIFFIN:IthinkSidcanspeaktothatmorethanIcan.And,beforewedotalk about that were there any more questions that you wanted answered? GRAHAM:The other question was- in some of the letters we received- GIFFIN:Uh huh. GRAHAM:We heard that the word has gone out in the community about other planned uses for the other parts of the parcel, so I think the natural concern is- it€d be nice to see the whole thing -. GIFFIN:Bill- GRAHAM:At one time if possible. GIFFIN:I wish I could speak to that; but the plan for the rest of the- proposed plan for the rest of the property, you€ll need to ask the school people who will be here for the next agenda item. Because it€s their proposal- it€s a school plan. GRAHAM:I see, you€re the landowner but -. GIFFIN:Yeah. GRAHAM:Okay. GIFFIN:Okay. FUKE:Maybe she mean- you know, Geri, correct me if I€m wrong. But the way I understand it further is that this applicant, the Trust Corporation, is the owner of the property; and so as the school expands or needs land, then they would have to justify to this Trust Corporation whether they have the financial capacity to expand. And then if they can make the demonstration, then the Trust would be setting aside the required land allocation, you know, for 4 theschool. So, as far as like that area between the next application and this current applicant- the vacant area- the Trust has not received, as I understand, any formal request from the school itself totake down or utilize that area for- a formal take down of the balance of the property, unlike they have made a request for the formal take down of that area that€s going to be considered and the subsequent application. GRAHAM:And although the Trust is making an application for use on part of this property, they will not be making applications for further uses on the property, it would go to the school or somebody like that. FUKE:At this point in time there are no plans and so- this application, the Trust Corporation€s application is designed to help generate operational funds for the Trust, and in turn be able to further support the objectives of the Trust. You know, one of which is the- is the community ed, but in addition to that providing direct or indirect support to the school- the ParkerSchool. GRAHAM:Thankyou. FUKE:WithrespecttotheAdultEducation-excusemethe-. GIFFIN:Community? FUKE:No-no- the pre school. Actually when I was engaged to assist on this project it was in through my discussion with one of the Board mem- one of the Trust members that if this is condition of the Trust Corporation is to have like an overall educational facility that- that would be separate and apart from the Parker School. That since they€re addressing adult education, perhaps they could also address the preschool or the- the preschool component; and that€s why it was added- added in, because in the back of this existing warehouse there€s a lot of nice lawn area, there€s an existing single-family dwelling that would be very suitable for- perhaps like the office space for a preschool. However like- during the course of having this application been reviewed not only by the community but by surrounding property owners, there were concerns relative to the- the preschool component. And so if it comes to pass-, then this is one component that- as the staff had indicated- that you know- this would be one component that the applicant would be willing to dissect from the primary application. GALDONES:Commissioner Alameda. ALAMEDA:I€m just curious. What were the concerns about the preschool aspect? FUKE:Well, there were two, like one concern came from a surrounding property owner which is actually on the- there€s a stream that bisects the property from Kapiolani Road. It€s actually from the Keck Observatory area and apparently like they do have some employees that sleep during the day so they were saying that, well, you have kids running around and making noise and all that stuff could provide some measure of disruption so, you know, there was that kind of concern. The other one was that by having a preschool over there would possibly interfere or conflict with the normal commute time traffic. And whereas like the adult education facility would, you know, usually come at a different time. 5 ALAMEDA:The only reason I mentioned is that I€m an educator and right now we€re struggling with preschools. Half of our youngsters enter kindergarten without any preschool experience, so I just thought that would be a- a nice addition but anyway -. FUKE:That was- that was the motivation behind making that part and parcel of the application. GALDONES:Commissioner Graham. GRAHAM:Sidney one other issue. Since this is urban land at the State classification level- did you all give any thought to do a rezoning here in the County to a land use other than agricultural, whereby you might not have to go through these permit requests but it would be more in line with in fact the existing zoning? FUKE:Wellinmy,Ms.GiffincancorrectmeifI€mwrong,butinmyearlier discussions with the members of the Trust, you know, they had asked me to look at what the Land Use designations were on the General Plan, as well as the State Land Use and the zoning. And the problem- and looking at the water consideration and the possibility of having this property be more land use intensified and the General Plan- as your background report calls for like a medium density and I guess like consistent with the Director Yuen€s interest about having more development in town as opposed to like having it sprawled out and scattered, you know, throughout the rest of the Community, this really would fall within that notion about having development compact and right within the town core. And so, in pursuant to that, you know, if all things fail, then one other option would be to try to have the property rezoned to a zoning that would commensurate with the surrounding area, which would either be like RS-7.5 or RS-10. You know, that is like another option. The other thing is that the existing warehouse use has been- has had like a historical warehouse use since 1942 which was built by Parker- Parker Ranch for the military and has been like a continuous unbroken use for some sort of a industrial or warehouse use- more recently warehouse activity. The Trust has been reluctant in utilizing extensively that facility because they would rather be more in the so- called educational business rather than being in the warehouse business. But if push comes to shove and that€s the only way they can generate funds, then that€s the avenue that they, you know, would be unfortunately forced into having to take because they need to generate revenues to support all of its activities as a non-profit organization. GRAHAM:Thank you. YUEN:I should mention as far as a rezone to allow a school, unfortunately the only zoning where you can just do a private school is a commercial zone. So, if you rezoned to residential, for example, you would still need a use permit to do a school. GALDONES:Any further questions of Mr. Fuke or Ms. Giffin? Commissioner Springer. SPRINGER:For either of the applicant€s representatives, there seems to be a concern about traffic. And could you discuss with us any mitigative measures that you have intended. 6 th FUKE:We- we did have a community meeting, I think it was like on March 7. We had 2 meetings, one in a what we call like is a matinee and then another one like for the early evening session. And as a result of these meetings we had suggested to the Commission in a th letter I think it€s dated March 14, you know, we had tried to isolate what we believed were the issues that those who were in attendance had raised; and we also came forth with some suggested mitigation measures. Some of these mitigative measures included the removal of the preschool component, limiting the hours of operation to 9:00 p.m., changing the entry way of the project from facing Kapiolani Road to the back side so that the issues relative to where your parking would be, the lights, and the noise, and all that stuff you know would be eliminated, having that portion fronting Kapiolani Road be landscaped so as to be more visually compatible with the existing road character of that area and serve also as a buffer. And, we had also suggested that, you know, we would create like a pedestrian foot path between the warehouse facility and the existing Parker School because, you know, the Trust Corporation owns all of the land between the school and this facility. And so it could create like a foot path between the school and that- you know, the idea behind the foot path is that, to see this-. If it gets approved, then what the applicant has in mind is that possibly making it available for different types of activities that the school might need, you know, like you might have like a specialized computer class, or dancing, tai chi, or whatever have you. And in which case then rather than having the students walk on Kapiolani Road, you actually get them off the road and walkdirectlyfromtheschooland,youknow,likeagravel,oradirtpath,orwhateverhaveyou, then, you know, it provides that kind of safer environment. So this is a suggestion that we had made. There was also the concern about like, well, what are you going to do with that area that€s not part of this application; and neither the school nor the Trust Corporation can definitively come before the public or this Commission and say this is exactly the plan. And so, what we suggested was that, well, if and when there was any activity- any planned or permanent request for that balance of that vacant land, then the Trust Corporation will redirect itself so that we€ll have an access over there. You know, because the concern about like having, as we understood anyway, why you want to have a -, you know, what€s the future plan for the balance of the property is the notion of its impact or perceived impact on the Kapiolani Road. And so we€re saying if that€s the concern, then, well, if there€s anything that€s happening over there then we€ll redirect- you know most of that- well, we would redesign the project so that there will be interconnectivity between the school and this applicant€s property through the vacant area. SPRINGER:Mr. Chair. GALDONES:Commissioner Springer. SPRINGER:Do I understand you then that- are you asking to eliminate the preschool from this request? FUKE:It€s my understanding at this point in time that you know we may have to go into a contested case hearing. And, if during the course of a- if the Commission in it€s wisdom decides to go into- you know, accept the standing and go into a contested case hearing and if it comes to pass that this may be one of the proposed mitigation, then what we€re saying is 7 thatthisisone component that, if need be, then the applicant would be willing to have it dissected from the balance of the application. SPRINGER:Thanks for the clarification. GALDONES:Further questions, Commissioners? Seeing none, Commissioners we have 2 applications that€s stated by Staff. Two applications- two petitions, corrected, two petitions for standing in a contested case hearing. Also I€d like to inform my fellow Commissioners and the public that Mr. Yuen has another engagement at 3:15 which he could not get away from so we will be losing his audience at 3:15. Commissioners, in dealing with the petition for standing let us address first Ms. Linda Copman. The communication stated that the petition is properly before us and our decision is to grant her standing or not. HAYASHI:Mr. Chair, I just wanted to point out where these individuals reside or their property.AsfarasfarastheCopman€srequest,Ms.Copmanresidesatthislocationwhichisat the corner of Kapiolani Road and Spencer Road. Again, the proposed facility is located here. The other couple that requested standing lives at this particular location, and they gain access off of Puuki Place, and that€s this private- this particular roadway here. And that will be closer to the proposed Parker School addition. Just as a matter of added information Mr. & Mrs. Mahaney initially thought they had requested, submitted a petition for standing for both applications; however, they had only filed a petition for this particular application before you right now. I indicated to them that- if their letter that they submitted stating that their intent was to file a petition for both applications that since there were no official request for standing for this particular request, which is the Parker School request, then there was no timely petition that was submitted, nor was there the necessary filing fee. And there, they understand what had happened. GALDONES:Okay, thank you, Norman. Commissioners, in viewing the petition for standing from Ms. Linda Copman, does the Commission find this Petition for Standing properly filed and does indeed have a standing for a contested case hearing? Counsel advises me that perhaps we should have- if Ms. Copman is in the audience, if there€s any questions from the Commissioners. Is Ms. Copman here? Hi, could you please come forward? COPMAN:Certainly. GALDONES:Ms. Copman in case there are some questions you may need to submit some information to us, so I would like to have you sworn in. Could you please raise your- raise your right hand. Do you swear or affirm to tell the truth on this matter now before the Hawaii County Planning Commission? COPMAN:I do. GALDONES:Could you please state your name and your residence address. COPMAN:Linda Copman, 65-1146 Spencer Road, Kamuela, Hawaii 96743. 8 GALDONES:Ms. Copman while we have you here is there any statement that you would like to make before the Commissioners. COPMAN:I have 1 question. I actually read through the use permit application fairly carefully and I never saw any mention of the 20 to 30 people supposedly who are going to be using this facility. And, you know, when youthink about the size of a 9,000 square foot warehouse, that€s about at least twice the size of this room if not more. So I€m kind of wondering where that came from because you can certainly fit a lot more than 20 to 30 people into- so that€s just a matter of clarification where did that number come from. GALDONES:Let me clarify what we€re- I€m seeking from you. COPMAN:Okay. GALDONES:I€msorrythatIdidn€tclarifythat.Atthismomentintimewearetryingto address your petition- to see whether you do have standing -. COPMAN:Okay. GALDONES:For a contested case, if there is anything that you would like to enlighten the Commissioners why you should be given- why your petition should beconsidered for- as standing for a contested case hearing. COPMAN:From my understanding- I live about 50 feet away from the subject parcel boundary, and so I€m very much affected by this. My children play on that corner- theyride their bikes on that corner and so- therefore, I believe I have standing in this. GALDONES:Thank you. Commissioners, do you have any questions of Ms. Copman? Commissioner Springer. SPRINGER:At that the time that you made your application were you informed and do you understand your rights and responsibilities should your petition for standing be granted? COPMAN:Informed- I was told I could look on the website- I€ve never done this before and certainly I have no familiarity with this process at all, but I€m willing to do my best to understand it. I cannot afford counsel but certainly I will proceed. SPRINGER:So you understand that this may be a longer process than merely this afternoon and that there may be requirements of you to be present to submit evidence and perhaps also be present for cross-examination of witnesses brought by the applicant? COPMAN:Certainly. GALDONES:Any further questions of the Commissioners? Otherwise motion in order whether to grant or deny the petition for standing. Ms. Copman, do you have a position on the application? Are you in favor or- excuse me. Sorry, if I messed up, you€re going to have to blame Ms. Giffin cause she was my tutor. She€s the 9 reason I€m here. Commissioners, before we entertain a motion, Mr. Fuke, in relation to the petition, if you have any comments on it? FUKE:No, I believe that Ms. Copman, a surrounding property owner within the required radius, that she does have standing. GALDONES:Thank you. Ms. Giffin. GIFFIN:And, for the record, I think that we should say that the Parker School Trust Corporation will be represented by legal counsel. GALDONES:Commissioners, I€m prepared to entertain a motion. Commissioner Graham. GRAHAM:ImovethatthePlanningCommissiongrantstandingforacontestedcase hearing to Ms. Linda Copman in the matter of this use permit before us. SPRINGER:Second. GALDONES:It has been moved by Commissioner Graham and seconded by Commissioner Springer that the petition for standing in a contested case hearing filed by Linda Copman be granted. Further discussion? Norman. HAYASHI:Commissioner Graham? GRAHAM:Aye. HAYASHI:Commissioner McCall? MCCALL:Aye. HAYASHI:Commissioner Smith? SMITH:Aye. HAYASHI:Commissioner Springer? SPRINGER:Yes. HAYASHI:Commissioner Alameda? ALAMEDA:Aye. HAYASHI:Commissioner Fujikawa? FUJIKAWA:Aye. HAYASHI:And Chair Galdones? 10 GALDONES:Aye. HAYASHI:Motion carries. GALDONES:Thank you. Ms. Copman, you will be informed in writing that your petition for standing has been granted. COPMAN:Thank you. GALDONES:I would like to address the other petition before we decide on the contested case hearing itself. As stated earlier by Norman, Mr. and Mrs., I should say Mark and Diana Mahaney, Norman, did you say they were not present? HAYASHI:Theywerepresentthismorning;howevertheyhadtocatchaplaneback to-. Oh, I€m sorry I see you€re here now. GALDONES:Oh, okay thank you for -. HAYASHI:My apologies -. GALDONES:Mr. Mahaney. Mr. Mahaney, we have your petition and it has been properly filed. Do you have any comments in support of your petition? MAHANEY:Again as a property owner on Puuki Street, I would say that we have good standing with respect to this petition. GALDONES:Any questions from the Commissioners to Mr. Mahaney? If not, Mr. Fuke do you have any comments in reference to the petition? FUKE:Similar comments would be made also for the- for this petitioner as we did with the earlier- Ms. Copman€s request. You know he is a legitimate property owner within the required radius and, as such, we believe he does have standing. GALDONES:Okay. Commissioners, are there any questions? Commissioner Springer? SPRINGER:I have the same question that I had for the previous applicant for standing. Have you been informed and do you understand the rights and responsibilities that you would have should you be- should your petition be accepted? MAHANEY:Again, I am unfamiliar with this process; but I do agree and accept those rights and privileges. SPRINGER:Thank you. GALDONES:Any further questions? If not the Chair is prepared to entertain a motion in granting or denying the petition filed by Mark and Diana Mahaney. Commissioner Graham? 11 GRAHAM:I would move that we accept the Mahaney€s as intervenors in a contested case hearing in the matter of this use permit before us now. SPRINGER:Second. GALDONES:It has been moved by Commissioner Graham, seconded by Commissioner Springer that the position for standing in contested case hearing filed by Mark and Diana Mahaney be granted. Further discussion? Hearing none, Norman. HAYASHI:Commissioner Graham? GRAHAM:Aye. HAYASHI:Commissioner McCall? MCCALL:Aye. HAYASHI:Commissioner Smith? SMITH:Aye. HAYASHI:Commissioner Springer? SPRINGER:Yes. HAYASHI:Commissioner Alameda? ALAMEDA:Aye. HAYASHI:Commissioner Fujikawa? FUJIKAWA:Aye. HAYASHI:Chair Galdones? GALDONES:Aye. HAYASHI:Motion carries. Mr. Mahaney, you will be informed in writing of today€s actions. MAHANEY:Thank you very much. GALDONES:Commissioners, as far as a contested case hearing itself- as Mr. Yuen will be leaving at 3:15, the feasibility of us having the contested case hearing this afternoon will not occur; and we may- we will have to set up another date for the contested case hearing. The decision we have to make, however, is who will be the hearings officer- will it be the Planning Commissioners or are we going to be farming out the position of a hearings officer? What is the pleasure of the Commissioners? Commissioner Graham- McCall? 12 MCCALL:I move that we direct the Planning Director to hire a hearings officer to hear this. GALDONES:You would like to have the Director -? MCCALL:Have the Director hire a hearings officer to hear the contested case. GALDONES:Do I hear a second? FUJIKAWA:Second. GALDONES:It has been moved by Commissioner McCall and seconded by Commissioner Fujikawa that the Director hire a hearings officer to conduct the contested case hearing.Discussion?CommissionerSpringer. SPRINGER:IjustinquireoftheDirectorifwehave-iftheCountyofHawaiihasfunds sufficient to accomplish this outsourcing? YUEN:Yes, we have. SPRINGER:Thank you. GALDONES:Further discussion? Hearing no further discussion. Norman. HAYASHI:Commissioner McCall? MCCALL:Aye. HAYASHI:Commissioner Fujikawa? FUJIKAWA:Aye. HAYASHI:Commissioner Graham? GRAHAM:Aye. HAYASHI:Commissioner Smith? SMITH:Aye. HAYASHI:Commissioner Springer? SPRINGER:Yes. HAYASHI:Commissioner Alameda? ALAMEDA:Aye. 13 HAYASHI:Chair Galdones? GALDONES:Aye. HAYASHI:Motion carries. GALDONES:Mr. Fuke, you will be informed in writing when the hearings officer will be selected, and the process in setting up the contested case hearing will be set forth at that time. FUKE:Thank you. And we do understand that the Department has certain procedures that it needs to go through to hire a hearings officer. However, we respectfully request that, you know, there€s some measure of urgency both on- not only on this application but also on the subsequent applicant because the Trust would really want some measure of determinationquickintermsofwhattodowiththebalanceoftheirexistingwarehousefacility. The next applicant, you know, which is also- is going to be potentially the subject of a contested case here, also looking about expanding their school, and they need to make some basic decisions. And, as such, you know, to the extent it can be accommodated we would respectfully request having the hearing conducted as soon as possible and perhaps the Staff can also indicate or share with both the- the Contestants like what is involved in a contested case hearing. Because as much as possible, you know, it€s the applicant€s goal to obviate a protracted hearing and to reach a win-win situation. We€ve made that effort and perhaps maybe we need to go a little bit more. But, hopefully, if there€s room for compromise on both sides, it would obviate the need for a contested case hearing. But not withstanding the applicant€s motivation and wanting it moved forward, I think that if the Department can push it up, you know, we would sincerely appreciate it. GALDONES:Thank you for your comments; and it shall be so noted in the record. GIFFIN:And on behalf of Parker School Trust, thank you very much. GALDONES:Thank you. Before I dismiss the both of you there were 5 individuals who had signed up to testify on this subject matter. For those of you who had signed up to testify you could testify today since you are present, or you can decide to hold your comments and your testimony for the contested case hearing. The individuals who had signed up are Mark Mahaney, Linda Copman, Victoria Missien, Janine Packett and Lynn Stimler. If you are- do you- if you want to make a testimony at this time, please come forward. Otherwise, if you choose to save your comments and your testimony for the contested case hearing that would be acceptable also. Seeing that there is no one- someone would like to testify- fine. Could you please raise your right hand. Do you swear or affirm to tell the truth on this matter now before the Hawaii County Planning Commission? PACKETT:I do. GALDONES:Could you please state your name and your residence address. PACKETT:I€m Janine Packett. My residence is 65-1152 Hokuula Road in Waimea. 14 GALDONES:Ms. Packett, I believe you have a question that you would like to have the Commissioners address? PACKETT:It€s both a question and a concern. One of the concerns of the entire neighborhood and many of the citizens of Waimea is the adjacency of Waimea Park. The County has established a wonderful facility there that many area residents use. They come there, they park their cars, they use the restroom facilities and then they walk this entire square. Kapiolani is one of the four sides of the square. Despite testimony that the neighborhood is zoned 7.5 and 10, there are an awful lot of- there€s a lot of land zoned at 1 acre and larger. I live on the opposite side, on the map- appear kind of, I guess, opposite the red dot of the Parker Warehouse. We often have horses walking down our road with riders. We have moms with strollers. The other day there was a parade of turkeys. This is a very rural area. The corner of Spencer Road which is just around from your red dot there is a (inaudible) view 90 degree turn. The far corner is a blind corner with sheer sides. They are about 16 feet up in height. There is noescapeforpedestrians.We-wenotveryaffectionatelyrefertothisasthedeathcorner.It€s something we€re all aware of. The only reason this area is heavily used is because of the low traffic. I believe that the business in question is a business. I believe the Trust by their fiduciary duty may be bound to maximize a profit for their 500,000 and that we will see use perhaps 7 days a week, perhaps not, and we may see use day and evening; and cars have got to come down that road. We don€t have anything shown in any of the plans that address interior traffic flow. It brings everybody through the Kawaihae/Lindsey Road intersection. Right now, it€s a newer section the County spent over a million dollars to rehabilitate in 1999-2000. Within the next 18 months we are going to see an additional 40 homes through the Tinguely Waimea Parkside Development and that is right on the corner. I€m pointing from a distance, not very effective. It€s at Kapiolani and Lindsey. So as you move your hand to the East there, one of the access roads into that subdivision will be on Kapiolani. The other access road will be on Lindsey. As I have indicated in my very long letter to you, that is a 38, almost a 38% increase in the neighborhood, the square represented by those lines. That€s tremendous. If Kapiolani Road becomes congested we€re going to assume that the congestion is going to spill out onto Lindsey. The intersection of Lindsey and Kawaihae right now is a problem for area residents for access in and out. We anticipate no matter what happens with these schools that is going to accelerate with the new homes. You well know the traffic problems in Waimea. You, I€m sure, well know that we€re due to have perhaps logging trucks come through half the town in the next couple of years. The trash trucks have been, I guess, an on-going issue. Kawaihae Road is your major road cross island down to the harbor. If you have accidents at that intersection our island is going to freeze; and this is part of it. You know, you can€t look at this in isolation. This is, it€s like a stone in the pond. So I ask you to consider that both from a traffic perspective as well as the heavy use of walkers on the square. It€s really a treasure for the pedestrians and there€s no place else in Waimea. That€s all I have. Thank you. GALDONES:Thank you for your testimony Ms. Packett. Does anyone- any of the Commissioners have a question of Ms. Packett. Commissioner Alameda. ALAMEDA:Actually I have a question for Chair. So the testimonies that will be provided or that has been provided that, I mean now that it has gone to contested case hearing we 15 can hear it, but it doesn€t really influence because we€re not making the decision anymore, correct? GALDONES:Let me address thatquestion. And I think Ms. Packett also had some confusion on whether she should make her presentation or not but -. In the contested case hearing, a hearings officer will listen to all the testimonies provided at that hearing; and with all of that testimony he will make- he or she will make a decision based on what is presented to him or her at that particular time. And that recommendation will be submitted to the Planning Commissioners for consideration. The testimony that is provided today will stand on its own. So at the time that the Commissioners decide that they will be making a decision we€ll have to bear in mind that Ms. Packett did make a testimony today and make that part of the consideration for the decision along with the recommendation of the hearings officer. Now does the hearings officer€s recommendation have more weight than any testimony presented here, that is going to be up to each Commissioner to decide whether- which one is of greater influence or both of them shouldbegivenequalweight.Butthat€sadecisionyouwillhavetomakeatthattime. ALAMEDA:Thankyou. PACKETT:CanIsayonemorething? GALDONES:Sure,Ms.Packett. PACKETT:And I don€t really know if I should say this - I€m a user of Community Education. In fact one of my classes just finished up on Wednesday evening. I€d like to point out to everyone in this room that the users of Community Education Waimea really are very happy with the classes that are currently at Parker School. We just can€t draw, as a user, we don€t draw distinction between a Parker School Facility and a Parker School Trust Facility. And I know Mrs. Springer when you asked about this division, the users don€t have a sense of there being separate facilities especially for the evening classes. I mean, I guess, during the day that would be different; but it seems to work for me and everyone else in these classes I€ve taken. GALDONES:Thank you. Commissioners, any further questions? Otherwise, thank you, Ms. Packett. Are there any others within the public who wish to testify at this time? No? MISSIEN:My- is this working? My name is Victoria- oh sorry. GALDONES:Could- could I have you sworn in please? Please raise your right hand. Do you swear or affirm to tell the truth on this matter now before the Hawaii County Planning Commission? MISSIEN:Yes. GALDONES:Could you please state your name and your residence address? MISSIEN:Victoria Missien, 66-1734 Kawaihae Road. GALDONES:You may proceed with your testimony. 16 MISSIEN:Thank you. I€m interested in this whole process because I am the land owner of the piece of property directly across from the acreage in question. I don€t live there now because we haven€t built there yet, but that€s the reason we bought the land and that was our hope. I wrote the letter that I suppose you have in front of you, and I€m really nervous. For me at least, there€s a number of issues, but I€m going to try to keep it brief, something I wasn€t really able to do on my letter. And one of them is that I had hoped when I had when- my family and I had hoped, when we first heard this idea that one of the considerations that would be made by both the Trust and the Board once we figured out that they were 2 separate entities, was that they would consider the entrance not coming into the residential community at all, that because this was going to be a campus, possibly also a extended education facility, that the access be from the main road as it is right now for Parker School. That€s what I said in my letter. Other people have presented the same idea, I€m not trying to say it€s only mine. But that is one thing that I think would- I think you use the word mitigate- would certainly go a long way towards lessening the impact on the community. To my mind there are 2 communities under discussion here. There€s the community that actually livesthere,theneighborhood,andthere€sthecommunitythatusesthatneighborhood.Istillfall under that one. I€ve been walking my sons there since they were babies and I could not have done that living where we lived. I still couldn€t do that living where we live because of the traffic. It is primarily because that is a safe walking neighborhood. Shade is nice too. But it€s the neighborhood being the kind of streets it is that makes it so attractive to people like me and to all the other people who use it every single day. It€s certainly the reason that made it attractive to us when we found a parcel that we were able to afford- to think that we might live there. And I think it€s important to recognize that- that this more than just a quiet neighborhood, that the impact is not simply to the people who live across the street, whether that€s me, or somebody else, or whether it€s someone who lives down the road. It€s to everyone who uses, who would use that that the traffic impact would be tremendous. And I think that€s one of the main issues here, is that what would happen with that. And then another is that there seem to be 2 ideas going. And I€m not sure if there€s a partnership in place between the 2 bodies and between their ideas, but I think the potential is there that there could be. In my mind there should be. But if there isn€t right now, I think there could be- they have a common goal, it seems to me, of education. And the facility that is already being used now for the 2 purposes - day education for day students and then evening education for extended st - there is a precedent for that in the public schools. They have the 21 Century Federal Program; I don€t know if you€re familiar with it but that€s a national program. It is based on the use of schools, the use of public school facilities during non-school hours. They began at the Waikoloa School. They are becomingisland wide. They are becoming state wide based on national models. There€s a precedence to model from- it does not require separate facilities. In fact, it takes advantage of the fact that there are existing facilities not in use during after school, evening and weekend hours. It€s kind of a win-win situation that€s- this is, that€s why the program has come into existence. And, I think it€s an excellent model, it actually exists already. And, it could be very good, to me, for all parties concerned, for the Trust, which seems to be looking for a financial venue, for the school which seems to be looking to expand, and for the community whichwould-thecommunity,theneighborhoodcommunity,thecommunityatlargewhich could benefit from both- from both things. Hopefully they€ll not by damaging the existing site. I thinkI€mdone. 17 GALDONES:You did well. Thank you, Ms. Missien. Commissioners, do we have any question of Ms. Missien? Otherwise, thank you. Are there any other testimony? Anyone in the public wishing to provide testimony before the Commissioners at this time? COPMAN:I€m back. One thing that€s really interesting about these applications, and I can€t separate them because it is a single landowner, is that this is essentially an application to expand an existing school campus and yet nowhere in either of these use permit applications is there a plan of the existing school campus. So if you think about your local elementary school wants to expand onto an adjacent parcel and yet there€s no roadway connection from the existing campus to the new parcel, it€s a little odd. And in this use permit application, it clearly states that the new facility will be used for Parker School students. So, if there is space there and there are new facilities that the students would be able to take advantage of, such as a photo shop, art studio, these kids will be walking down the road to get to this facility. And, if you look at the use of the parcels- it€s a 12 acre piece of land owned by a single landowner- it€s adjacent to the existingcampus.Someofthesamefamiliesaregoingtohaveelementaryschoolkidsinthenew proposed campus, as well as high school kids. There€s no internal roadway circulation. And we€ve got buildings on either end with no connection between them, and yet these facilities are supposedly going to be used by the students of this school. So it just makes sense for me as a neighbor. I have no objection at all to community education, in fact I was the Director of the North Hawaii Community Learning Center. I ran community education programs in 6 public st schools. I ran the 21 Century Grant. I served over 6,000 kids. I believe in community education passionately. And I think it€s almost ironic for me to sit here and object to this, except that I have one problem with it, I don€t want to see the character of our neighborhood ruined by unnecessarily having all this traffic on our road. There certainly is a possibility to design this well, to lay it out well, to plan it well, to implement it well. The entire community supports Parker School. We have no problem with them opening, expanding their facility, opening an elementary school. We just don€t want more traffic on an already dangerous road. And that€s all there is to it, it€s very simple. And, that€s why I€ve objected to it, cause I€d like to see them plan theroadwaycirculationsothatwedon€thavedangeroustrafficcirculatingthroughthe neighborhood. It€s a lot of people, it€s a large piece of land, there€s potential for it to be expanded over the years to accommodate their entire existing campus; and I€d like to see it planned well from the start with a road that is safe for everyone. And that€s why I objected. Does anyone have any questions? GALDONES:Thank you, Ms. Copman. Commissioners, any questions of Ms. Copman? If none, thank you. COPMAN:Thanks. GALDONES:Last call. Okay. EMLER:Chairman Galdones. Before we close this -. GALDONES:Mr. Emler -. EMLER:Close this item, sorry. In a contested case, DPW that I know of doesn€t generally get called in. So I€d like to make a correction now that I have an opportunity for the record if possible. There was a revised supplemental comment that was made by the Department 18 of Public Works dated February 15, 2005 circulated as a supplemental. In that, under traffic item 1 -. GALDONES:Mr. Emler, you€re proposing to have that entered into the record. EMLER:I would- well it€s, it€s in the record. I would like to correct the record if possible. GALDONES:Proceed. EMLER:Okay. Under traffic item 1, the last sentence there, I€ll start with the clause before the word maximum‚ there, based on floor area‚ there should be a comma there instead of a period and the sentence continues with a lower case maximum occupancy‚. So m that should all be one sentence, not a separate sentence. I€m afraid that would be misconstrued if itwasleft. GALDONES:Thankyou,sonoted.It€snotasubstancechange,it€smoreagrammatical change. GRAHAM:Mr. Chairman? GALDONES:Commissioner Graham. GRAHAM:Can I ask Mr. Emler a question. Is there- when the contested case hearing takes place, since the traffic flow is such a big partofit- is there any role for you or the Department of Public Works to participate in that-? EMLER:I€m sorry I don€t know the answer to that question. We€ve- I€ve never been called into a contested case hearing, that€s why I wanted to make sure the record was straight on this. GRAHAM:I presume it€s just up to the intervenors if they choose to call him. But there€s no independent role atall, is that correct? GALDONES:Counsel? TORIGOE:Thank you, Mr. Chairman. I think once the hearings officer is appointed, then the hearings officer can hold some pre-hearing conferences with the parties; and if they feel that it is necessary or would be helpful to have Public Works brought in, then the hearings officer could direct that. GALDONES:Any further questions or comments? Mr. Emler? EMLER:Thank you. No. GALDONES:Thank you. Mr. Fuke? I am prepared to recess this- this hearing on this application but I€m giving you the opportunity to make closing comments before I do that. 19 FUKE:No. In the interest of time and particularly since this matter is going to go to contested case hearing, we€d just assume defer. Thank you. GALDONES:Thank you. Seeing that there are no other testifiers before us -. The Chair will be clear that this- the hearing on this application will be deferred to the contested case and it will re-adjourn again after the contested case has adjourned and we can have this item agendized again. Thank you. The discussion ended at 3:05 p.m. Respectfully submitted, Lynette Sanemitsu, West Hawaii Secretary 20