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HomeMy WebLinkAbout2005-04-01 TYAMADA PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT APRIL 1, 2004 A regularly advertised hearing on the application of GERALD AND WENDY YAMADA (SPP 04-018)was called to order at 5:18 p.m. in the County Building, Councilroom - Room 201, 25 Aupuni Street, Hilo, Hawaii, with Second Vice-Chairman Hannah Springer presiding. PRESENT:Hannah Springer ABSENT & EXCUSED: Fred Galdones C. Kimo Alameda Jeffrey McCall Bill Graham Andrew Iwashita Allen Salavea Rene€ Siracusa Rodney Watanabe Ivan Torigoe, Deputy Corporation Counsel ChristopherJ.Yuen,PlanningDirector Norman Hayashi, Planning Program Manager Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner And approximately 9 people from the public in attendance. APPLICANTSPRINGER: GERALD AND WENDY YAMADA (SPP 04-018) Special Permit to allow the establishment of a commercial retail and office complex (gas station/convenience store, auto repair and sales store, supermarket, financial institution, personal services, restaurant, hardware supply, medical and dental office, other professional services such as real estate, attorney, insurance, etc.) on approximately 3.17 acres of land situated in the State Land Use Agricultural District. The property is located at the northwest corner of the Keaau- Pahoa Road (Highway 130) and Aulii Drive intersection, Orchidland Estates, Keaau, Puna, Hawaii, TMK: 1-6-9: 418 (portion), 419, 420 and 421. SPRINGER:Commissioners, we come to Agenda Item No. 10. The applicants are Gerald and Wendy Yamada (SPP 04-018), Special Permit to allow the establishment of a commercial retail and office complex (gas station/convenience store, auto repair and sales store, supermarket, financial institution, personal services, restaurant, hardware supply, medical and dental office, other professional services such as real estate, attorney, insurance, etc.) on approximately 3.17 acres of land situated in the State Land Use Agricultural District. The property is located at the northwest corner of the Keaau-Pahoa Road (Highway 130) and Aulii Drive intersection, Orchidland Estates, Keaau, Puna, Hawaii, TMK: 1-6-9: 418 (portion), 419, 420 and 421. Staff? DARROW:Thank you, Madam Chair. EXHIBIT I SPRINGER:You€rewelcome. DARROW:The location of this application is within the Puna District of Hawaii. Earlier we were looking at this particular area for the Moylan application. We will be looking similar, in a very similar area of the Orchidland Subdivision and also Hawaiian Paradise Park Subdivision. Again the white line through the middle of the map is identified as the Keaau-Pahoa Road or Highway 130, and where this red dot is located is on the corner of Aulii Street; and this application is on the corner of Keaau-Pahoa Road and Aulii Street. The applicants in this case, Gerald and Wendy Yamada, are requesting a special permit to establish a commercial retail and office complex. They€ve submitted a proposed site plan which identifies several structures that may include certain uses, such as this particular building identifiedasBuildingD,maybeusedasaretailandprofessionalofficebuilding,nurseryand garden supplies or real estate office, medical and dental offices. This area here, which is part of this larger structure, would be used for auto repair service and parts center. Building F, or proposed building F, would be identified for uses for the gas station and convenience store. And, lastly, Building G would be the proposed eatery or coffee shop. The applicant is proposing to develop the area with 160 paved parking stalls, including employee parking and handicapped parking, as well as to have a 30-foot landscaping buffer along Alii Drive and Keaau-Pahoa Road. We have received numerous letters of support and opposition for this project; and, more recently, we have received a petition for standing in a contested case from the Orchidland Community Association. So prior to going into more detail regarding the recommendation, if we could address the petition. SPRINGER:Thank you, Mr. Darrow. At this time, we€ll take up the matter of the contested case and that petition that we have received dated February 23, 2005, that comes to us from the Orchidland Community Association, Inc. Could the representative of the Orchidland Community Association, Inc. please come forward. PAWU:Thank you, Madam Chair and Commissioners. SPRINGER:Welcome back. You have already been sworn in. Does he need to state his name again. TORIGOE:Well, for the record. SPRINGER:For the record on this agenda item -. PAWU:My name is Mya Pawu. My address is PO Box 1707, Keaau, Hawaii. I am the duly elected president of the association and I€m testifying on behalf of the association. Our Board of Directors has requested a contested case hearing, believing that our interest differs significantly from the general public as the ingress and egress to this particular project is on private roadways that we are responsible for maintaining. We also have issues with trash and 2 liability for this should a person be ingress or egressing the property and sustain bodily injury. Two thousand four hundred and five lot owners who own the roadway in common could put their personal stake at jeopardy. And as the duly elected representative, it is my obligation to stand up for them. The second point on which we€ve askedfor the contested hearing is that even though we€re not an official government organization as the representative of the people of the small village, so to speak, 2405 lots, we are a quasi-governmental organization and, therefore, have an interested in the development and the orderly development of our organization. SPRINGER:Thank you, Mr. Pawu. We have the application before us and we all have the opportunity to review it. Are there any questions for the petitioner? IWASHITA:I have. SPRINGER:Commissioner Iwashita. IWASHITA:Mr. Pawu, have you discussed your request for a contested case hearing withtheapplicant. PAWU:Yes,sir,wehave. IWASHITA:And is it your understanding that they are going to agree with you or not to do the contested case hearing? PAWU:What they had proposed to me earlier is that the matter be deferred because we are still in discussions. They have been most cooperative in trying to meet the concerns of the community; but they have not met all the concerns. And the latest vote from my Board is to request a contested case hearing and deny the application. However, the applicants have come back with further request and would request a further consideration by our Board, which I feel obligated to give them. Because even though they are a minority they are still property owners and deserve the full treatment of our board and, like all property owners, we feel they have the right to develop their property to the highest and best use. SPRINGER:Thank you, Mr. Pawu. IWASHITA:So, may I have a follow-up question? SPRINGER:Sure. IWASHITA:So is it my understanding that you wish to have the Commission defer your request for a contested case hearing until you have an opportunity to discuss the proposal by the applicant with your owners. PAWU:If it€s appropriate with the applicant, it would be appropriate for our organization. We are willing to do it if the applicant is willing to postpone this matter. 3 SPRNGER:We€ll be hearing from the applicant when we€re done with our questions for the -. IWASHITA:Ihave a procedural question of counsel. So if the petitioner for standing is asking, as I hear thepetitioner asking, for a deferral and if the applicant agrees, then that€s basically what we€ll do? TORIGOE:Well, that would be up to the Commission. But if there is an agreement, then you could go ahead and defer it. IWASHITA:Thank you. I have no further questions. SPRINGER:Thank you. Other Commissioners? Commissioner Siracusa. SIRACUSA:Yes.Ijustwanttobeperfectlyclearthatthisparcelthat€sunder consideration here is part of the Orchidland Subdivision? PAWU:Yes, ma€am. It is certainly a part of Orchidland Estates Subdivision, and the ingress and egress is on a private roadway owned by our subdivision. SIRACUSA:Thank you. SPRINGER:Other Commissioners, questions for the petitioner? At this time I€d like to invite the applicant€s representative to come forward. Welcome back.. You€ve heard the testimony by the petitioner, you€ve heard the discussion from the Planning Commissioners. Do you have any comments for us? FUKE:Sure. Thank you, Madam Chair. Again, for the record, my name is Sidney Fuke, I€m a planning consultant. Also seated to my left is the applicant, Gerald Yamada, now he€s over here. Yes, we€ve had numerous discussions with the Orchidland Community Association, the intent obviously is to obviate the need for a contested case hearing. And we believe that some resolution may be possible. So it€s my understanding that the Board is going to be convening later on this month; and so if this issue could be deferred until, you know, the next meeting, then that would be fine. However, I don€t know what, you know, the procedures are. Because my understanding is that in terms of the ability to grant standing to an entity, you know, such as the Orchidland Community Association it has to be done at the first meeting. And so then if that is the case then, you know, we would like to note for the record that we would have no objection in having Orchidland Community Association be granted standing in a contested case hearing and, however, request that this matter be continued to the next Commission meeting, at which time then if nothing can be resolved then at that time the Commission can make a determination on whether you€re going to outsource it or have the contested case hearing conducted by the full Commission. If everything is resolved, you know, in terms of their withdrawal of the contested case request, then at the next hearing date then we can proceed as a normal Commission item. SPRINGER:Thank you, Mr. Fuke. Mr. Torigoe, do you have any response to Mr. Fuke about whether or not we need to decide on the petition for standing? 4 TORIGOE:Yeah, the Rule 4 contested case procedures says that any procedure in a contested case may be modified or waived bystipulation of the parties. And I think that would include the requirement that, you know, it be decided on the first meeting. So if there is an agreement that you want to put it off, then that€s fine. FUKE:So, yeah, if that€s the understanding then, you know, we would have no objection in deferring the issue of the standing to the next meeting. SPRINGER:And the Orchidland Estates? PAWU:We would have no objection to deferring it as long as our rights were preserved at a future time, that we weren€t waiving our right for standing. SPRINGER:Isthataccurate,Mr.Torigoe? TORIGOE:Yeah,Ithinkthat€dbe,thatwouldbethecaseifyouareagreeingthatwe can just put it off. IWASHITA:Madam Chair, can I clarify -? SPRINGER:Commissioner Iwashita. IWASHITA:So it€s my understanding, Mr. Fuke, that on behalf of the applicant -. Basically, as Mr. Pawu indicated, they don€t want to loose any of their rights. So you€re agreeing that there€s not going to be any objection if you can€t work something out and we come back next month then it€s considered there? It€s not going to be objection it€s too late to determine this issue? FUKE:That is correct, we would not object to that. IWASHITA:Thank you. SPRINGER:Other Commissioners? Commissioner Siracusa. SIRACUSA:Could we determine today just to make sure that those rights are preserved, that Orchidland Community Association would have standing in the event that a contested case hearing is agreed upon at a later meeting? SPRINGER:Mr. Director? YUEN:You could vote to grant standing today and then postpone any action on hiring a hearing officer or otherwise proceeding; and the Department would just put the contested case hearing on hold pending there€s further discussions. SPRINGER:Commissioners, we€ve heard the discussion -. SIRACUSA:In -. 5 SPRINGER:CommissionerSiracusa. SIRACUSA:In that case, I would be willing to make a motion to that effect, if that would be timely right now. IWASHITA:Ma€am -. SPRINGER:Commissioner Iwashita. IWASHITA:Since it€s clear on the record that the parties want to put this off and not take any more of the Commission€s time to proceed; and if they can€t work it out, we€ll come back and deal with it the next time. I think it€s the most expeditious way to go in that manner. SPRINGER:Weheartwoopinions.Whatisourpleasure?CommissionerGraham. GRAHAM:Ms.Siracusa,doyouhaveanyreasonwhyyoufeelitwouldbetterforus to deal with this today rather than the next meeting? SIRACUSA:Well, we could get it out of the way right now very quickly, I think, that€s number one, and have one less thing to deal with later on. Also, I think it might ease Mr. Pawu to know that the rights of the Association that he€s representing would be safeguarded in that respect. And as Mr. Fuke has no objection, I think that could be handled rather quickly. SPRINGER:Commissioners? YUEN:I should add that if the Orchidland Community Association wants to withdraw the request for contested case even after they have been granted standing, they can do that at any time; and then the Commission can proceed on at the next meeting. SPRINGER:I guess, the question then would be to the petitioner -. Do you prefer to have this measure of security taken on your behalf or would you like to come forward at the next meeting of the Hawaii County Planning Commission as a fresh? PAWU:With the input of the Planning Director, perhaps, Ms. Siracusa€s suggestion might be appropriate, we go ahead and be given our standing now, then we can always draw it. The developer and us have good communications, and we€re hopeful to not take more of this Commission€s time. SPRINGER:Thank you, sir. What is our pleasure? Commissioner Siracusa. SIRACUSA:That said, I will make a motion that the Commission grant the Orchidland Community Association standing in the case of SPP 04-018. IWASHITA:Second. SPRINGER:Is the second from Commissioner Iwashita? 6 IWASHITA:Yes. SPRINGER:Thank you. Any discussion? Mr. Darrow. DARROW:I€m sorry, seconded was Commissioner -? SPRINGER:Iwashita. DARROW:Iwashita, thank you. Commissioner Siracusa? SIRACUSA:Aye. DARROW:Commissioner Iwashita? IWASHITA:Aye. DARROW:CommissionerAlameda? ALAMEDA:Aye. DARROW:CommissionerGraham? GRAHAM:Aye. DARROW:Commissioner Salavea? SALAVEA:Aye. DARROW:Commissioner Watanabe? WATANABE:Aye. DARROW:And Madam Chair? SPRINGER:Yes. DARROW:The Orchidland Community Association is granted standing, seven to zero. SPRINGER:Thank you. Before we proceed with a possible motion to defer this item to our next Hilo meeting, are there any members of the public who would care to come forward and submit testimony on this matter? I have Carol Nowell who has signed up. PAWU:Carol had to leave. 7 SPRINGER:Thank you, sir. Is there anyone else from the public who would care to offer testimony at this time? Seeing none, Commissioners, on the matter of the deferral which we have discussed, what is our pleasure? Commissioner Siracusa? SIRACUSA:I move that the Commission defer this, the decision on the contested case hearing, until the next Hilo meeting. ALAMEDA:Second. SPRINGER:Thank you, Commissioner Alameda. Is that sufficient language, Mr. Torigoe? TORIGOE:I think so. SPRINGER:Okay.Thankyou.Thatlanguageissufficientforustoproceedwiththe motion. Is there any discussion? IWASHITA:What are we deferring? SPRINGER:We€re deferring the treatment of the contested case hearing, whether to outsource it or not. We€ve already granted standing to the Orchidland Community Association. So the deferral is on how to proceed, whether to outsource or to hear the matter ourselves. SIRACUSA:Or to have it at all if the parties reach agreement. ALAMEDA:Yeah. IWASHITA:In a normal course, I guess, you, excuse me, cause I -. But in the normal course when contested case is granted, I know in the last one we decided to outsource it. But if it€s not outsourced, wouldn€t it just be calendared, normally, for the next meeting to be heard? Why aren€t we, why can€t we just do that? YUEN:Typically, it would be put off for longer than that and the parties would prepare more of a case for the Commission Members. IWASHITA:Oh, a scheduling order or, would be entered into? YUEN:Pardon me? Say that again. IWASHITA:There would be a scheduling. If we decide -? YUEN:Yes. IWASHITA:To keep it, there would be a scheduling order -? YUEN:We would have a scheduling and then bring it back to the Commission when the parties are ready. In this, what I would suggest here is that Commission not make a 8 decision on getting a hearings officer, and just defer the action for now, and then make a decision. If this does continue to be a contested case, then we€ll come back for that decision. SPRINGER:So we€re deferring action then? IWASHITA:Yeah. But, I guess, procedurally we wouldn€t take any action in the normal course. And in the normal course would it not just be scheduled for, as unfinished business at the next meeting, just in the normal course? TORIGOE:Well, in the normal course, like as you saw in the earlier case, there would be a decision made as to whether the Commission is going to hear it or if it€s going to be outsourced. And if the Commission is going to hear it, then it would be scheduled for the Commission, put on their docket. And if it€s going to be outsourced, then the Planning Department would go ahead and procure a hearings officer; and that hearings officer would go aheadandschedulethehearing. IWASHITA:Sothat€swhatwe€redeferring,thatdecision? TORIGOE:Right,anyfurtheractiononthisthing.Apparentlythepartiesjustwantto have some time to talk it over, and so everything is put off until the next hearing. IWASHITA:Okay. I apologize for my ignorance. TORIGOE:No, none at all -. I thought -. We should do a better explanation of these things to the new Commissioners. SPRINGER:Having heard the discussion, is there any more discussion on the agenda item before us? Mr. Darrow. DARROW:Thank you, Madam Chair. Commissioner Siracusa? SIRACUSA:Aye. DARROW:Commissioner Alameda? ALAMEDA:Aye. DARROW:Commissioner Graham? GRAHAM:Aye. DARROW:Commissioner Iwashita? IWASHITA:Aye. DARROW:Commissioner Salavea? SALAVEA:Aye. 9 DARROW:Commissioner Watanabe? WATANABE:Aye. DARROW:And Madam Chair? SPRINGER:Yes. DARROW:The motion is granted to defer, seven to zero. SPRINGER:Thank you. We look forward to seeing you at our next meeting. PAWU:Yes. SPRINGER:Good night. The discussion ended at 5:38 p.m. Respectfullysubmitted, Sharon M. Nomura, East Hawaii Secretary 10