HomeMy WebLinkAbout2004-03-19 tumphrey
PLANNING COMMISSION
COUNTY OF HAWAIÒI
HEARING TRANSCRIPT
MARCH 19, 2004
A regularly advertised hearing on the application of JACK AND BARBARA
UMPHREY (REZ 03-032) was called to order at 9:15 a.m. in the King Kamehameha's
Kona Beach Hotel, Kamakahonu Ballroom, 75-5660 Palani Road, Kail
with First Vice-Chairman Earl Fujikawa presiding.
PRESENT:Earl FujikawaABSENT & EXCUSED: Fred Galdones
Bill GrahamAurelio C. Mina, Jr.
Jeffrey McCallBill P. Thibadeau
Hannah Springer
Francis Smith
Patricia OÓToole, Deputy Corporation Counsel
Chris Yuen, Planning Director
Norman Hayashi, Staff Planner
Phyllis Fujimoto, Staff Planner
Jeff Darrow, Staff Planner
Kiran Emler representing the Department of Public Works
And approximately 13 people from the public in attendance
APPLICANT: JACK AND BARBARA UMPHREY (REZ 03-032)
Change of Zone for 25,580 square feet of land from a Single Fami
square feet (RS-7.5) to a Village Commercial Î 7,500 square feet (CV-7.5) district. The
property is located along the east (mauka) side of Mamalahoa Highway and across from
st
Saint Paul Road, approximately 430 feet south of Teshima Restaurant, Kawanui 1,
Honalo, North Kona, Hawaii, TMK: 7-9-3:61.
FUJIKAWA:Applicant No. 2 is Jack and Barbara Umphrey (REZ 03-032
would be a Change of Zone for 25,580 square feet of land from a
Residential Î 7,500 square feet (RS-7.5) to a Village Commercial - 7,500 square feet
(CV-7.5) district. Staff, go ahead.
DARROW:Thank you, Mr. Chairman. If I may direct your attention to the
location map, the area of this application is in the North Kona district. This is located in
the Honalo area. This black line here is the Kuakini Highway running in a north-south
direction, as well as the Old Mamalahoa Highway, where they connect on the south side,
just by Teshima Restaurant. This application is occurring just to the south of Teshima
Restaurant in the Honalo area. All the pink that you see identified here is zoned CV,
Village Commercial. The yellow is Single Family Residential, an
Agricultural.
EXHIBIT A
The Applicants in this case, Jack and Barbara Umphrey, are requesting a Change of zone
from Single Family Residential - 7,500 square feet to a Village
square foot district. This is for a piece of property that is 25,580 square feet in size.
If I may direct your attention to the site map, the Applicants are proposing to use this area
for offices as well as mixed commercial uses. At this time ther
family dwelling on the property, as well as another structure/dwelling in this area. The
Applicants are proposing to demolish this existing structure, allow this dwelling to
remain, convert this existing dwelling to an office area, and create two new smaller
structures for mixed commercial uses. At this time they have not identified what types of
uses those will be. The Applicants are proposing to have 27 parking stalls on the
property, as well as two handicapped parking stalls.
This is the Mamalahoa Highway in the Honalo area running in a north-south direction.
The Applicants are proposing to access from Mamalahoa Highway. There is also a
private existing road running east-west along the south side of the property.
There are some concerns regarding this application. One is the waterline that runs along
the highway is an 8-inch waterline. The Department of Water Supply is requesting that it
be brought up to a 12-inch waterline to meet fire flow requirements. The other concern is
traffic issues, as well as sight distance requirements.
The ApplicantsÓ representative has requested for a continuance of this hearing. And,
also, one more point to add is that weÓve recently received a letter of opposition from
George and Elaine Hirai that has been submitted to the Commissioners. Are there any
questions?
FUJIKAWA:Any questions, Commissioners, to the staff?
SPRINGER:No, thank you.
FUJIKAWA:None. Will the Applicant or its representative please step forward?
Kindly raise your right hand, please? Do you swear to tell the truth on this matter now
before the HawaiÒi County Planning Commission?
B. UMPHREY:Yes.
FUJIKAWA:Thank you. Could you state your name and your address?
B. UMPHREY:Barbara Umphrey.
FUJIKAWA:And your address?
B. UMPHREY:Present address is 78-6781 Walua Road, Kailua-Kona.
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FUJIKAWA:Okay. Thank you. You may proceed.
B. UMPHREY:Oh, I just wanted to say that when we submitted this plan, we
submitted for a full use. We are not necessarily going to put t
property. We may merely expand the one thatÓs on there, or put two, but weÓre not
looking for high use. And all the property north of that is zoned Village Commercial, to
TeshimaÓs.
FUJIKAWA:Okay. Thank you. Any questions, Commissioners, to the
Applicant? If not, we do have two people who have signed to testify on this application,
Jack and Barbara Umphrey and Joe Gimple. Please step forward.
there. Would you raise your right hand, please? Do you swear to tell the truth on this
matter now before the Hawaii County Planning Commission?
TESTIFIERS:I do.
FUJIKAWA:State your name and your address?
GIMPLE:My name is Joe Gimple and I live at 73-4686 Hinalani Stre
Kailua-Kona.
FUJIKAWA:Okay. You may proceed.
GIMPLE:Aloha. I represent the Kona Traffic Safety Committee. I
chair for Public Affairs, and our Committee has reviewed this application and we
submitted comments to you. So IÓll merely, they should be part of the record, so IÓll
merely summarize those.
We believe that the additional traffic that will be caused by th
property will aggravate the already deplorable traffic congestion in that area.
Southbound vehicles attempting to turn left into the property will further delay the
southbound traffic thatÓs already on Mamalahoa Highway, which is already at a near
standstill in the late afternoon hours. And I can tell you from personal experience, having
commuted three evenings per week for the last month-and-a-half to the Aloha Theatre
because I was in the orchestra for ÐAnnie,Ñ trying to get up Mamalahoa Highway or up
Kuakini and merge onto Mamalahoa there is a nightmare. I would
hour early in order to get to the theatre by 7 oÓclock, and IÓd have to leave at 6 oÓclock;
and itÓs no more than 20 miles.
Furthermore, the application is such that the Mamalahoa Highway bypass will divert
about half of the traffic that now uses Mamalahoa Highway. ThatÓs rather speculative,
and because it assumes that the destinations of many of the drivers are south of
Napoopoo Road, which is the southern terminus of the bypass. Those who will be
coming from Kailua-Kona going to, for instance, Kainaliu or Kealakekua wonÓt take the
bypass. TheyÓll still stay up Kuakini onto Mamalahoa.
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So we urge that the Planning Department consider the following in order of preference:
(1) Prohibit left-turns from southbound Mamalahoa Highway between the hours of 4 and
6 p.m. on weekdays into TeshimaÓs Restaurant, the Shell gas station and the ApplicantsÓ
property, and require the Applicants to fund construction of a roundabout on Mamalahoa
Highway or (2) require the Applicants to fund construction of an access lane for left-
turners onto Mamalahoa from the property and a left-turn lane from Mamalahoa into the
property. Those solutions which facilitate traffic movement and increase safety on the
highway and construction of a roundabout would have the additional benefit of
facilitating entry of traffic from St. PaulÓs Road to the highway. IÓll be happy to answer
any of your questions. Thank you.
FUJIKAWA:Thank you. Commissioners, any question?
SPRINGER:Mr. Chair?
FUJIKAWA:Go ahead, Commissioner Springer?
SPRINGER:My question is to our representative from Department of Public
Works. IÓm wondering if he can respond to the suggestions that the Kona Traffic Safety
Committee has made and evaluate them against the recommendations
Department of Public Works on the February 5, 2004 memo.
FUJIKAWA:Public Works, Ki Emler?
EMLER:Well, thank you. I think the suggestion was made that a
roundabout be constructed at the location. Well, not given any information about what
the location should be for the roundabout that heÓs proposing, certainly an innovative
suggestion, I donÓt know that such a facility would be warranted at this particular
location; and our suggestion perhaps holding out for a two-way left-turn lane at the
location might be a little bit more feasible. He did, however, make that suggestion as
well, I believe; or some kind of left-turning facility that would not delay traffic
southbound I believe was the suggestion that was made for that.
with that portion of his comment.
As far as restricting left-turns during particular hours, that would require a Traffic Code
Amendment, would have to go through County Council. So I would withhold any
comment on that at this time.
I think that pretty well covers Mr. GimpleÓs comments.
FUJIKAWA:Any other questions with Public Works?
SPRINGER:Perhaps, at another time, IÓd just ask for a response to the Kona
Traffic Safety group.
FUJIKAWA:All right.
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SPRINGER:Thank you. Thanks, Ki.
FUJIKAWA:Ki, I have a question with you. You were saying that at the present
time thereÓs an 8-inch water main on the roadway, on the highway, and the Applicant to
change it to a 12-inch. WhereÓs the nearest tie-in of the 12-inch?
EMLER:IÓm sorry, I think thatÓs a question for the Department of Water
Supply.
FUJIKAWA:Yeah, you have no idea?
EMLER:No, sir.
FUJIKAWA:Okay, thank you. Any other question? Graham?
GRAHAM:Ki, could I ask you one question? Just looking at the feasibility of
that left-turn lane, given the road conditions, the width, the corridor and all like that,
whatÓs involved in doing something like that, how big a job it is, whatÓs the nature of the
job?
EMLER:Well, it would certainly involve more than the frontage of
subject property and constructing such a facility. So, as I wrote in my comments, it
would probably be more feasible to wait until the County did a project for such a turn
lane. In this area, I did take a look at what it might take to put in a left-turn lane; and it
just doesnÓt look like it would be very easy to do with other driveways and so forth in the
area that would conflict with an exclusive left-turn lane for this particular project.
I did also suggest, though, that they line up the driveway entries, or the driveway entry to
this project with St. Paul Road so that it would minimize conflicts. ItÓs just that I think a
full-on left-turn lane project would probably involve other properties and, which this
Applicant probably has no control over.
GRAHAM:Thank you.
FUJIKAWA:Any other question? Chris?
YUEN:Yeah, I have question or two. Ki, sorry, youÓre not getting out so
easy. What is the right-of-way on the Mamalahoa Highway there?
EMLER:It varies; and I believe it is somewhere between 40 and 50
that area, probably closer on the lesser side. We have some very narrow sections of
Mamalahoa right in that area.
YUEN:Have you looked at the possibility of the access coming only from
the private road that is on the south side of this property? Does that affect -?
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EMLER:I did take a look at that, but I didnÓt know if the Applicant had a
right to use that road.
YUEN:Yeah, weÓve determined that it does appear that they do.
EMLER:Oh -.
YUEN:Is that better, worse? Because the double left-turn lane is going to
be really hard to do.
EMLER:I believe St. Paul Road lines up close -. My recollection
St. Paul Road lines up closer to the northerly property line. But, yeah, I would be
concerned about conflicting roads. IÓd want to take a better look at it. Sorry, I didnÓt
really investigate that as well.
YUEN:Okay. Thank you.
EMLER:Okay.
FUJIKAWA:Any questions, Commissioners, to staff or the Director, or even the
Applicant? Okay, now, IÓd want hear a motion to close the publi
testifiers? Springer?
SPRINGER:Mr. Chairman, IÓm sorry I thought there was another testifier. I
would like to then inquire of the Applicant, with regard to the Department of Public
WorksÓ memo, dated February 5, 2004, do you have a copy of that or are you familiar
with that?
B. UMPHREY:I believe I read it, but IÓm not, I donÓt have a copy; and maybe you
could tell me what youÓre thinking there.
SPRINGER:IÓm wondering about your ability to conform to the
recommendations that are made in the memo. Perhaps staff can provide for you a copy
of it.
FUJIKAWA:Okay.
SPRINGER:IÓm on the second page of that memo, on the Roadway sec
And, in particular, IÓm noting their concerns Ðabout the ApplicantsÓ ability to conform to
the minimum sight distance requirement.Ñ Can you make a comment
regard to that first concern under Roadways?
B. UMPHREY:No, I canÓt really because we really donÓt know what the use is
going to be. ItÓs not going to be a high use project; and the traffic is not something that
we have control over. All those other commercial zones have the same issue. So we
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would not be creating more of a problem than is already there and will have to be handled
by County roads being, you know, addressing the issue. But weÓve been in and out of the
St. Paul Road and it really doesnÓt seem to be an issue, to us.
SPRINGER:Thank you.
FUJIKAWA:Any other questions, Commissioners? And my correction, I made
a, wanted to hear a motion to close the public hearing. But being this case, itÓd probably
be a continued, itÓll be kept going. Any other questions?
SPRINGER:Not at this time.
FUJIKAWA:Graham?
GRAHAM:Could I ask a question of the Planning Director with rega
having adequate water for fire, which seems to be at the heart of the Planning DirectorÓs
recommendation on this. That currently, my understanding, currently thereÓs an 8-inch
main; and that for proper supply to fire apparatus we would need a 12-inch main. IÓm
just wondering, and trying to look back historically a little bit. Is this a situation where
the 8-inch main was fine right up until this particular one comes and then you need a 12,
or was the 8-inch one kind of inadequate for awhile and other things have been approved
even though it was inadequate, or certain in-field for already zoned places have already
pushed us beyond the limit, or do you have any information on th
YUEN:IÓm not certain; but I think that the existing commercial b
have been there for a long time. I think that the fire flow requirement is relatively, came
in after those commercial buildings weNT in; and I think thatÓs the situation. Norman, do
you have any better idea on that?
HAYASHI:Those buildings, existing commercial buildings, were built several
years ago, way before the Code, current Fire Code was developed or adopted.
YUEN:Okay. Thank you.
FUJIKAWA:Okay. Thank you. Any other question? The Applicant,
have any questions?
B. UMPHREY:Not really. But just looking to get full use out of the property and
not create more havoc than is already in the area, if we just merely expand at the building
thatÓs there and had parking, would that create much more of a p
exists right now, as far as fire and traffic?
FUJIKAWA:You are requesting for a continuance?
B. UMPHREY:Yes.
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FUJIKAWA:Commissioners, any question to the Applicant? If not, the
Applicant, again, requests a continuance on her hearing on this case. Do I hear a motion?
SPRINGER:Mr. Chair, with regard to Jack and Barbara UmphreyÓs Change of
Zone application, REZ 03-032, I move for a continuance. But I w
guidance on this. Will we be ready to hear this at the next Kon
timeframe anticipated?
B. UMPHREY:IÓm really not sure. ItÓs very difficult to get anyone to draw plans
up to present a new plan because theyÓre all so busy. So I donÓ
meeting is and so forth. So the continuance, I have no idea. Our attorney just asked for
the continuance.
FUJIKAWA:Staff, can we keep it open?
HAYASHI:Yes, I think that we prefer to have it kept open. There is also the
issue of water that needs to be dealt with.
FUJIKAWA:Okay.
SPRINGER:Okay, so, Mr. Chair, to be continued until such time as the
Applicant comes forward to continue?
FUJIKAWA:Thank you. Do I hear a second?
MCCALL:Second.
FUJIKAWA:It has been moved by Commissioner Springer and seconded by
Commissioner McCall that this application, REZ 03-032, to be continued and opened
with the County. Any question? If not, staff?
DARROW:Thank you, Mr. Chairman. Commissioner Springer?
SPRINGER:Yes.
DARROW:Commissioner McCall?
MCCALL:Aye.
DARROW:Commissioner Graham?
GRAHAM:Aye.
DARROW:Commissioner Smith?
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SMITH:Aye.
DARROW:And Mr. Chairman?
FUJIKAWA:Aye.
DARROW:The motion passes, five to zero.
FUJIKAWA:Thank you. Be in touch with the County Planning. Okay
The discussion ended at 9:37 a.m.
Respectfully submitted,
Sharon M. Nomura, Secretary
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