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HomeMy WebLinkAbout2009-05-01 TNISHIJIMA PLANNING COMMISSION COUNTY OF HAWAIÒI HEARING TRANSCRIPT MAY 1, 2009 BETH-AN & CARY NISHIJIMA A regularly advertised hearing on the application of (REZ 09-92) was called to order at 10:10 a.m. in the Aupuni Center Conferenc 101 Pauahi Street, Hilo, HawaiÒi with Chairman Rell Woodward pre PRESENT: Rell Woodward Takashi Domingo Wallace Ishibashi Andrew Iwashita Shelly Ogata Brandon Gonzalez, Deputy Corporation Counsel BJ Leithead Todd, Planning Director Norman Hayashi, Staff Planner Jeff Darrow, Staff Planner Maija Cottle, Staff Planner And approximately 11 people from the public in attendance APPLICANTS: BETH-AN & CARY NISHIJIMA (REZ 09-92) Change of Zone from Single-Family Residential Î 10,000 square feet (RS-10) to Industrial- Commercial Mixed - 20,000 square feet (MCX-20) district for appr of land. The property is located along the northeast corner of anoÒa Street-Laukapu Street intersection, diagonally across from the Big Island Candi st 1 Series, Waiakea, South Hilo, HawaiÒi, TMK: 2-2-35:1 and 103. WOODWARD: The first application, applicants Beth-An and Cary Nis zone application from Single-Family Residential Î 10,000 square Mixed - 20,000 square feet. Maija, youÓre on. COTTLE: Thank you, Mr. Chairman. Good morning everyone. COMMISSIONERS: Good morning. COTTLE: The first application of the day is a change of zone req applicants are Beth-An and Cary Nishijima, and theyÓre requestin Family Residential - 10,000 square feet to Industrial Commercial two properties that total 22,820 square feet. 0 EXHIBIT A The property is located in the Waiakea House Lots area of Hilo. attention to the screen, you can see that the property is outlin along KekanoÒa Street, as well as Laukapu Street. This is the highway runn Banyan Drive out to Volcano, and then Kilauea would be off the m The property is currently zoned Single Family Residential Î 10,0 properties surrounding it in yellow. Big Island Candies is loca believe, currently zoned Commercial, as well as all the other ar Neighborhood Commercial. The General Plan designation for the property is Industrial. Al Industrial. The Big Island Candies area is in High Density Urba Density Urban surrounding that in orange. The applicants are proposing to construct a two-story building. as a restaurant. The second floor they anticipate using as offi hoping to relocate their existing restaurant, NoriÓs Saimin and building on the first floor. This is a site plan that was submitted by the applicant. It shoanoÒa Street as well as Laukapu Street. There are two accesses that theyÓre proposing. anoÒa Street on the right side of the property, and then at the very top of the property off of Laukapu Street. The site plan also shows the proposed building as well as the pa The applicantÓs representative, Sidney Fuke, submitted a letter your folders; and he is requesting a revision to Condition E reg KekanoÒa Street. And heÓs just requesting a little better definition turn in, to limit the access to right-turn in and right-turn out movements at the Laukapu Street access. And the Planning Department has reviewed that request, and we concur with it. So you should have a yellow rev with the exact wording of the new condition. The Planning Depar favorable recommendation for the change of zone request be sent there any questions? WOODWARD: Any questions? Commissioner Iwashita. IWASHITA: Yes. Maija, in the background report, this is Exhibit Water SupplyÓs March 24, 2009 response or evaluation of the appl first page it talks about the Department of Water Supply facilit not, my interpretation is itÓs not able to meet the, what the le gpm, I presume itÓs gallons per minute -- be available at the si that a 6-inch can only give a theoretical fire flow of 1,760 gpm anything being addressed. To me itÓs, you know, fire safety has to be one of the primary 1 EXHIBIT A concerns here in terms of our addressing this. So how is this b looked into more? Or maybe IÓm not understanding something. COTTLE: Okay. The Department of Water Supply is requesting that contact the Fire Department to see how additional fire flow can upgrading that waterline or maybe coming up with some other type that fire flow. IWASHITA: Okay. COTTLE: So the way we addressed it in our conditions of approval that specific language, but we do have Condition O which says th with all county, state and federal laws, rules, regulations and IWASHITA: As a follow-up, Mr. Chair? WOODWARD: Yes, sir. IWASHITA: I guess my take on this, I understand thatÓs being add on this is that, you know, I donÓt know that itÓs feasible at al system that can provide this 2,000 gpm. And, you know, I mean, me, that it has to put in an 8-inch line or something, it has to KekanoÒa Street. You canÓt just change a 6-inch line to an 8-inch li thatÓs how hydraulics works. But I need more information on thi Mr. Chairman, IÓm not sure if we can get it from staff, or from Department. WOODWARD: One thing I might bring to your attention, we also hav th Fire Department dated March 19 that addresses the question of water supply. It says approved water supply shall be required, etc., etc., ÐWater supply may co elevated tanks, water mains or other fixed systems capable of providing the required fire flow.Ñ They donÓt mention what their requirement is, but we did get som Department, for what thatÓs worth. IWASHITA: Yeah, thank you, Mr. Chair. I did see that, except th very general language. And, practically, I donÓt know that that on this particular project. So IÓd just like that clarified som Mr. Chair. WOODWARD: Yes, sir. Maybe the applicantÓs representative can he Any further questions for staff? Seeing none, IÓd like to call representative, or maybe just Mr. Fuke. You know the routine. FUKE: Sure. 2 EXHIBIT A WOODWARD: Do you swear or affirm to tell the truth today before Planning Commission? FUKE: I do. WOODWARD: Very good. Name and address, and then you may begin. FUKE: Sure. Good morning, Mr. Chairman. My name is Sidney Fuke planning consultant. My office is 100 Pauahi Street, located ac representing Beth-An and Cary Nishijima on this particular proje congratulations to all of you, and especially to Wally, Mr. Ishibashi, for his recent appointment to the Commission. Specifically in response to Commissioner IwasakiÓs (sic) questio couple of points. It is correct that there are several ways tha of reminded of two situations. One, some of the Commissioners may recall that there was a rezon along Ponahawai Street, and there was also this same kind of issue. And what Mr. Nakao had to do was to prove to the Water Department and/or the Fire Departme had sufficient pressure. So he had to contract with a separate independent contractor to do that fire test, do that fire flow test; and in that situation the fire flow pressure test was sufficient. The other point to make is that even if that fire flow is not sufficient, you know, along KekanoÒa Street, fortunately this property has a waterline also on Laukapu Street. So what happens is that the respective engineer would have to work with Departments to see how you can address the fire flow requirement. You know, you can probably have a loop system, or as like the Fire DepartmentÓs standards c to address that. The Fire Department must sign off on the build course of reviewing the plans for the project if you donÓt have enough fire flow, then it has to be addressed before the Fire Department can sign off on the building permit. So what your staff had kind of pointed out on that particular condition that you ha conditions, thatÓs pretty much like how itÓs covered. So even and the applicant wanted to construct whatever they had to do, t protocol. The other thing I just kind of wanted to clarify was that, you know, in the staffÓs report it kind of pointed out that the first floor was a restaurant and I think it was storage. Or is it store? Storage? COTTLE: Storage. FUKE: Yeah. IÓd like to clarify that the ground level was reall like a restaurant as well as possible sale of some retail activi the storage and the office would be actually on the second floor 3 EXHIBIT A and the proposed amendment to the condition offered by your staf the conditions and found them to be acceptable. WOODWARD: Very good. Any questions for Mr. Fuke? IWASHITA: I have. WOODWARD: Mr. Iwashita? IWASHITA: Thank you, Mr. Chair. I know that this area is design on the LUPAG. And I guess my concern is that, as Mr. Fuke knows Houselots is going. You know, the much maligned Hilo Community designates this area still as Residential which I, even I, you k But to the extent we have, you know, weÓre going forward here, B Commercial zoned right now. So I guess IÓm concerned, IÓm think sales and, you know, those kinds of activities, offices and so f an overkill, that weÓre really doing more than what we need to d rationale why weÓre doing Industrial and why weÓre not doing Com FUKE: I cannot agree with you more that I think that just given that probably a Commercial Neighborhood zoning or General Commer the street, would probably be more appropriate. However, given the fact that the property is within the General Plan Industrial area, unfortunately the appli recourse but to come in for Industrial zoning. I think the beau zoning is designated for that area I think the staff has looked at the surrounding area and has proposed like appropriate mitigative kind of conditions. And on which reflects a transitioning in this Waikoloa, uh, Waikoloa, s IWASHITA: Too much business. FUKE: In this Waiakea Houselots area, of course, itÓs like you w thereÓs this curb, gutter, sidewalk requirement, you know, front KekanoÒa Street. In addition to that, you do have a requirement to believe, relating to landscaping; and that landscaping requireme your property abuts a residentially zoned area. And in this sit guess, on the east side, you know, Hoolulu Park side, is current would be an added landscaping requirement along that section. IWASHITA: Thank you. WOODWARD: Any further questions? You want to ask a question, Co Domingo, or no? DOMINGO: No, Mr. Chairman -. 4 EXHIBIT A WOODWARD: Okay. DOMINGO: In the event that youÓre open for a motion, then I woul WOODWARD: Okay, well, let me -. Thank you, Mr. Fuke. And just have nobody signed up from the public to testify, so at this poi DOMINGO: Mr. Chairman? WOODWARD: Yes, Commissioner Domingo. DOMINGO: With regard to the application of Beth-An and Cary Nish 09-92, I would move for its, a recommendation of approval to the inclusion of that, with the proposed amendment, Revised Conditio WOODWARD: Do I have a second? OGATA: Second. WOODWARD: Okay. Moved by Commissioner Domingo, seconded by Comm Ogata. Any discussion? Commissioner Iwashita. IWASHITA: Mr. Chair, thank you. Can I ask staff to put up the - guess, conflicted about this application; and the reason for my enjoy going to NoriÓs. The Oahu -. However, as the Chair knows previously in our addressing applications in the Houselots area, that essentially -. And what has been put up there on the scre of the Honolulu International Airport. And we all know, all of those go, the Industrial area that adjoins it along Nimitz Highway, and then this is also Industria Island area down here, and then across Nimitz Highway is a milit forth. You know, I canÓt help but think that, you know, Houselo of proximity to our Airport -. And, you know, this whole idea about zoning Industrial next to the Airport, thereÓs some obviously common sense to it. But, on the When I go to Honolulu and I fly, you know, you get into your car to town, all you see is Industrial when you drive out of there. out of the Airport, and the first thing you see are big metal bu couple of miles almost; and, you know, it makes no sense to me. island that Oahu had back in the early sixties, probably in the General Plan in 1977 and, you know, this is what you got, that k same thing here. And, you know, thatÓs my conflict, is that I r Development Plan process that has, you started and is really bei now, fully, pretty much, except for the appointment of the actio done in Puna, starting in Kau -- that we really need to do that itÓs going to start in Hamakua, hopefully, when this budget pass being made now. Budgetary constraints, I understand. But we re 5 EXHIBIT A like I said earlier, Oahu had its General Plan from 1977. And e development, and the development we see there, thatÓs what we go same process that we have here today, Planning Commission, Counc is planned. For one, I donÓt like how it turned out on Oahu, ju And my real issue is that, you know, weÓre doing this one by one in this proposed approval. You know, and all youÓve got to do i times and youÓre going to get what you see. YouÓre going to get know, and our staff shows the Industrial designation for the area next to Kanoelehua, you know, heading back into this property, this is the boundary of it. An community development plan process, that some people in the comm better way to do it, and we may come up with a better way to do So, you know, I know these are tough economic times. And our pa pretty wise observation, is that weÓre going to actually see may applications, which is what this is. You know, changing the zon Industrial locks this property in for Industrial use. So we may few years. Depending how things go, it may end up looking just that Industrial area there are restaurants in there. Right? So really want to go down that road, or do we really want to put so sustainability? Cause right now itÓs only talk. If we donÓt start doing something from the Planning Commission and the County Council, thatÓs all itÓs goin to, you know, stop and take a look at what is happening. Actual said, you know, ÐWho youÓre going to believe, me or your lying e as a Commission, for the Council, and for the community, those o youÓve got to do is look at Honolulu, look at Maui. And we donÓt, our eyes, you donÓt need imagination. All youÓve got to do is look. And if we donÓt do a community development plan, if we keep just doing this one at a guarantee, just look. So thatÓs my conflict, Mr. Chair. Thank WOODWARD: Thank you. Any further comments? DOMINGO: Yes. WOODWARD: Commissioner Domingo. DOMINGO: Thank you, Mr. Chairman. Just one question of staff. MCX zoning, you know, thatÓs a combination of Industrial and Commercial uses. W are we talking about Heavy Industrial or just Light Industrial? COTTLE: Light Industrial. DOMINGO: Light Industrial. The question asked of Mr. Fuke in ea back, yeah, and in speaking for the motion, the question I asked what direction, where do you see the Houselots going to? And I 6 EXHIBIT A there have been a number of actions taken with regards to parcel MCX zoning. As I recall the past, I think it was in early ninet see applications coming in from owners within the Houselots area saw an opportunity to buy land in that area. And now if anyone there was a need for any property in which they could have Light uses -. You know, the lands in that particular area usually belo State. And here we see a pocket of individual private lands, property, that are being sold and it was, and it is through the demands and the requests of people wh kinds of activities other than Residential. And then thatÓs why weÓve seen that being generated more and more as time goes by. Commission for probably a year or so, IÓve noticed that, a numbe other kinds of uses. And during that time in the early nineties pockets of resistance from individuals who were concerned that their neighbors, within their immediate neighborhood, would be impacted by such kind of a zoni that change. But time has changed. And I think some of these individuals hav and then their families have then sold the lands to people who a it, and either do Light Industrial or Commercial uses. And so w transition into that kind of uses, Light Industrial and Commerci appropriate at this time that we consider that. And I believe t seen that, and they have not responded to it. They have had num which they could have done something through a General Plan review process; and that has not, and the idea of just holding it strictly for Residential has not proceedings. So what weÓve seen here, and I think which is gene the people, is a use thatÓs gradually changing. And the MCX zoning is not the zoning that was within the Zoning Plan began. It started around that time also because people exp of uses other than Commercial uses. So this Mixed Use zoning is individuals who through their small businesses through their mea own business, own their own property, and do what they need, rat from year to year or for a number of years. And every time thos with additional charges and increase in lease rental. So I thin that will let it be open to the public so they can enjoy that benefit. So therefore, you know, I strongly speak for the motion and hope that the Commissioners wi Mr. Chairman. WOODWARD: Thank you, Commissioner Domingo. Any further comments Commissioner Iwashita. IWASHITA: Thank you, Mr. Chair. Jeff, can you put up the Hilo o appreciate Commissioner DomingoÓs comments. And, you know, we d Houselots area. If you look at whatÓs up now itÓs, again, the aerial or satellite view of the Hilo Airport and the adjoining area. I guess right behind this, itÓs 7 EXHIBIT A condition where the proposed project is for rezoning. The histo time ago, IÓm not sure exactly the timeframe, Medium Density Urb and businesses close to Edith Kanakaole Tennis Stadium going up circumstances that arose from those developments, the Houselots convinced the Council to turn it back to Low Density Urban, whic development. And so it stayed that way until 2005. In 2005 the without the request of the community the Houselots area was agai Urban. So thatÓs why we see recently all these other applicatio forth that youÓre seeing for rezoning to commercial development. the planning process is there. My, the point IÓd really like to our obligation, you know, to look at the big picture in this and you know, the best way to proceed and the best way to get a sust environment in the Houselots area in my mind is to do the commun One of the other concerns is that, you know, if you look at, Hou mostly houses. It was developed as a residential community. We and throughout the State, and on this island especially, we have population, we have high housing costs. People, Puna is a big growing area now because trying to live in Hilo and the cost of living in Hilo is so high. And what weÓre doing now, you know, is taking out a big chunk of residentially zoned land that most of purposes, and weÓre saying, well, times have changed, you really know, promote more commercial development in this area. IÓm all We need to develop our economy and have, you know, a very multi- going into the future. I still question whether we should all a And weÓre talking about, weÓre not just talking about this area along Kanoelehua as Industrial, weÓre talking about this whole Houselots area basically ending u to Honolulu Airport. ThatÓs what weÓre talking about. And, you know, one step at a time, thatÓs how it happens, one step at a time. And we can always go back t well, that General Plan is the law, General Plan is the law. Al implementing part of the General Plan is the community developme in 2005. The money wasnÓt put into it, it should have been done You know, for whatever reasons the choices were made not to do t plans until just the past couple of years. And in my mind, you know, IÓm almost off of this, my first term, done. And what IÓve seen basically over these past four years o keep going down the same road that Honolulu went down starting a and from its 1977 General Plan adoption, and what Maui has done saw it, you know, and the development that occurred there in the planned, all of that. And we have all the same plans, General P same tools to get us to where they are today. And so thatÓs why should all stop and take a cold hard look at what weÓre doing. have this on KekanoÒa, I could -. You know, thatÓd be great. But on the other ha know, it is a part of the step towards, in my mind, in 10 years say what happened, you know. But it happened a piece at a time. 8 EXHIBIT A That, you know, I lived on Maui from 1978 till 1985. And at tha Ó69 to Ó70, they had taken Kihei Road and sent it down to Wailea hotels. It wasnÓt that bad. It was pretty nice actually from m lived there, those seven years, they made the entitlements to bu Wailea. And you have what you have today. You know, I went bac because they had basically strip mall development all along Kihe when there were none when I left. And, you know, it was built i need to look at what weÓre doing. I really want to encourage de obviously need to do that. But we need to do it in way differen Oahu and Maui. ThatÓs my point, and thatÓs my reservations about going down this road. So, again, look at what we have today and you just look at Honolulu, or ten years. As long as the economy keeps plugging along or recovers, thatÓs what weÓre going to get, maybe 15 or 20. But itÓs going to come as long as we ke Thank you, Mr. Chair. WOODWARD: Thank you. Do we have any other further comments? DOMINGO: Mr. Chairman? WOODWARD: Commissioner Domingo. DOMINGO: I think, you know, IÓd just like to clarify the issue h to Mr. Iwashita, I think if that is a strong sentiment, if thatÓd be the strong sentiment of this Commission then probably the recommendation that should be going review the General Plan specifically for that area. And if it be the wishes of the general public that they be for residential uses so be it, and letÓs amend the rather than just going straight into drafting a community develo area, what will actually happen is that CDP would reflect whatÓs right now. And what the General Plan permits right now is for t entertained in different venues. And I can see that if we take other three issues thatÓd be found on our agendas would then fal category. And we would have to treat those issues the same way area of the Waiakea Houselots area. So what IÓm saying is that is, if we adopt this first, vote for the first issue, I think we doing anything contrary to what is proposed in the General Plan. strongly for the motion for its adoption. Thank you. WOODWARD: Thank you. IÓd like to make a couple of comments. On Community Development Plan was made in 1975, so thatÓs really da has been zoned according to the Land Use Pattern Allocation Guid Industrial. And if you could see looking at the picture that yo that area has largely been taken over by warehouses, commercial compunction about approving this. I think that area was zoned I donÓt -. I understand your concerns about spot rezonings, but I 0/ EXHIBIT A that has developed in that area of the community, and I would be other comments? Commissioner Iwashita. IWASHITA: Just a clarification. IÓm not arguing this is spot re with the staff report and Mr. DomingoÓs position that this propo with the General Plan, the LUPAG, and all of that. I have no is that we can keep doing -. You know, basically, we all need to u do community development planning. In my mind that would really really should go, how it should really look in 20, 30, 40 years, should be made to the General Plan in order to achieve it, maybe spot zoning. IÓm not saying itÓs spot zoning. IÓm saying that saying, you know, by saying -. Obviously, you know, the Departm comes in and it conforms to the General Plan as this one does, i one does, itÓs a matter of processing what the proper conditions did a fine job doing that. I have no issues with that. My concern is beyond that, you know, constitutionally. Under th an obligation as public officials to protect the environment and implement protecting the environment. In my mind when we went t on Maui in Wailea the bigger point made was, you know, sustainab forward and see whether what weÓre doing is, you know, contributing or developing a sustainable environment, or taking away from it. My point simpl you know, the Honolulu General Plan, the Maui General Plan, if y these beautiful words about protecting the environment, and pres everything Hawaiian, and all of those kinds of things. Never ha happen on the Ewa Plain, it didnÓt. You know, it just didnÓt, i didnÓt happen. Same thing on Maui, in Kihei, and all of that, i those beautiful words in there. Our General Plan has all those And if weÓre going to be serious about sustainability then letÓs what IÓm saying. And continuing to approve zoning changes accor LUPAGS that were developed, before there really was global climate change concerns and all of that, does not do it in my estimation. Thank you, Mr. Chairman. WOODWARD: Thank you. Madam Director, did you have something to LEITHEAD TODD: Yes. I was just going to say that this is based was adopted in 2005. So thatÓs not 20 years ago, thatÓs four ye opportunities for the community to comment on the Plan; and I th been changing in this area for a number of years. A discussion on what had been occurring in this area occurred mu Council, both during Mr. DomingoÓs tenure on the Council and con the Council. And in terms of whether this is a little lead down this is the opposite. What this provides is a wonderful dining 00 EXHIBIT A airport. And so, you know, you land in Hilo, KekanoÒa is the way out, you know, that will be a major road coming out of the airport. You come in, you drive, corner and then you come down and you get to see NoriÓs Saimin. of people from Hilo that will pull in as they get back from Hono Saimin. I think itÓs a wonderful location for this. And I think itÓs kind of consistent with what IÓd love to see in this area, which is a mixed use area. But it also reflects the need of businesses to try and find fee calculate what their costs are over the next 30 years. The difficulty that other property owners or businesses have had with State leases and DHHL leases has been w renegotiate the leases. And I think people can remember this, t with leasehold rents that went up five times over what they alre them to start looking at relocating. What we have here is a bus her existing area, parking is very difficult, and very great dif parking. This fits in with whatÓs happening in the community. business; and I think that it will be welcomed as we have that e coming out of KekanoÒa. Thank you. WOODWARD: Thank you, Madam Director. IÓd like to make just one certainly agree with Commissioner Iwashita that community develo go. However, as I say the last community development plan for H will not be ready, at the earliest, for another three years. An that weÓre going to be delaying a lot of things that need to get DOMINGO: Mr. Chairman, I move for the question. WOODWARD: Any objection? Okay. Maija, vote please. COTTLE: Thank you, Mr. Chairman. Commissioner Domingo. DOMINGO: Aye. COTTLE: Commissioner Ishibashi. ISHIBASHI: Aye. COTTLE: Commissioner Iwashita? IWASHITA: Kanalua. COTTLE: Commissioner Ogata. OGATA: Aye. COTTLE: And Mr. Chairman? 01 EXHIBIT A WOODWARD: Aye. COTTLE: And Commissioner Iwashita? IWASHITA: Kanalua. COTTLE: Motion passes, five-zero. WOODWARD: Very good. The discussion ended at 9:59 a.m. Respectfully submitted, Sharon M. Nomura, Secretary Windward Planning Commission 02 EXHIBIT A