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HomeMy WebLinkAbout2003-01-17 Planning Commission Minutes PLANNING COMMISSION COUNTY OF HAWAIÒI MINUTES JANUARY 17, 2003 The Planning Commission met in regular session at 9:05 a.m. in the County Building, Councilroom-Room 201, 25 Aupuni Street, Hilo, HawaiÒi, with Chairpersons Geraldine Giffin and Fred Galdones presiding. PRESENT:Fred GaldonesABSENT & EXCUSED:Aurelio C. Mina, Jr. Geraldine M. Giffin Hannah Springer Earl Fujikawa Florence Kubota Jeffrey McCall Francis Smith Grant Togashi Ivan Torigoe, Deputy Corporation Counsel Chris Yuen, Planning Director Alice Kawaha, Staff Planner Esther Imamura, Staff Planner Susan Gagorik, Staff Planner Larry Brown, Staff Planner Glen Ahuna representing the Department of Water Supply The Chair introduced the Commission and staff to members of the ADMINISTRATIVEThe Commission took up the following under MATTERSadministrative matters at this time, 9:07 a.m. Election of Officers Î For the Office of Chairperson for the Planning Commission, it was moved by Commissioner Togashi, seconded by Commissioner Fujikawa unanimously carried by a voice vote of all Commissioners in attendance that Commissioner Galdones be the duly elected officer. The meeting, at this time, was turned over to Chairperson Galdones. For the Office of First Vice-Chairperson for the Planning Commission, it was moved by Commissioner Giffin, seconded by Commissioner Smith, and unanimously carried by a voice vote of all Commissioners in attendance that Commissioner Fujikawa be the duly elected office Second Vice-Chairperson for the Planning Commission, it was moved by Commissioner Kubota, seconded by Commissioner Fujikawa, and unanimously carried by a voice vote of all Commissioners in attendance that Commissioner Springer be the duly elected officer. MINUTESThe Commissioner deferred the approval of the minutes until later on the agenda. 1 SPECIAL PERMITThe Commission took this item up at 9:10 a.m. with JUSTIN HILTONapproximately 17 people from the public in attendance. KAUELEAU, PUNA APPLICANT: JUSTIN HILTON (SPP 02-033) - Request to withdraw application for a Special Permit to establish a campground and working model farm 2.967 acres of land in the State Land Use Agricultural District. The property is located on the east side of KamÒili Road (also known as ÒOpihikao Road), approximately 2.1 miles north (makai) of Phoa-Kalapana Highway (Route 130), Kaueleau, Puna, HawaiÒi, TMK: 1-3-2:40. (SEE EXHIBIT A) SMA USE PERMITThe Commission took this item up at 9:40 a.m. with WAYNE BLASMANapproximately 10 people from the public in attendance. HLUALOA 4, NORTH KONA Review of the status of appointed Hearing Officers in light of expiration of terms as WAYNE BLASMANÓS (SMA 02-03) Planning Commissioners, relating to application for a Special Management Area Use Permit to allow the developmen condominium project and related improvements. The property is located on the east side (mauka) of AliÓi Drive in the vicinity of Hlualoa Bay and across of the Keolonhihi State Historical Park at Kamoa Point, Hlualoa 4, North Kona, HawaiÒi, TMK: 7-7-4:26. (SEE EXHIBIT B) CHANGE OF ZONEThe Commission took this item up at 10:03 a.m. with KEITH K.approximately 10 people from the public in attendance. YAMAKAWA, DDS WAIKEA, SOUTH HILO APPLICANT: KEITH K. YAMAKAWA, DDS (REZ 02-023) - Application for a Change of Zone by changing the district classification from Single Family Residential (RS-10) to General Commercial (CG-10) for approximately 10,110 square feet of land. The property is located at the west corner of the KinoÒole Street and Lanihuli Street intersection, across of the Social Security Administration Office, Waikea House Lots 2nd Series, South Hilo, HawaiÒi, TMK: 2-2-21:25. (SEE EXHIBIT C) 2 SPECIAL PERMITThe Commission took this item up at 10:45 a.m. with PASTOR TOESE AH SAMapproximately 10 people from the public in attendance. KEAÒAU, PUNA APPLICANT: PASTOR TOESE AH SAM (SPP 02-040) - Application for a Special Permit to establish a church and related improvements on approximately 4.217 acres of land situated in the State Land Use Agricultural District. The property is located in ÒlaÒa Homestead Reservation Lots on the west side of Volcano Road, adjacent to the HoÒomana NaÒauao O HawaiÒi Church, between Hawelu Road and N. Ala Road, Kurtistown, KeaÒau, Puna, HawaiÒi, TMK: 1-7-6:10. Ms. Imamura oriented the Commission and public of the subject and surrounding properties on the location map and site plan, and summarized the request. She said that the applicantÓs agent has submitted a letter and map incorporati after a discussion with the State Department of Transportation. She then noted the Planning Director is recommending a favorable consideration on the application subject to conditions. In response to Commissioner GiffinÓs inquiry, Ms. Imamura reported that the State Department of Transportation has not submitted any comments regarding Volcano Road fronting the subject property. The applicant, Pastor Toese Ah Sam, and his representative, Ted Keahiolalo, were in attendance. Pastor Ah Sam stated he did receive the Planning DepartmentÓs Background Report and Recommendation. He thanked the staff, Planning Director and the Planning Commission for their assistance and consideration. He then stated that they will abide by the proposed conditions of approval and will do their best to work with the neighbors and be a blessing to the community. Commissioner Fujikawa commented that the noise level for agricultural zoned lands is higher than residential zoned lands. There was no one from the public wishing to testify on this agenda item. It was moved by Commissioner Kubota and seconded by Commissioner Giffin that the application be approved based on and incorporating the Planning DirectorÓs recommendation. A roll call vote was taken and motion carried with seven ayes (Kubota, Giffin, Togashi, McCall, Smith, Fujikawa, Galdones) and two absent and excused (Springer and Mina). 3 SPECIAL PERMITThe Commission took this item up at 10:50 a.m. with ROBERT & RUBY E.approximately 7 people from the public in attendance. KOBAYASHI KEAÒAU, PUNA APPLICANTS: ROBERT & RUBY E. KOBAYASHI (SPP 02-042) - Application for a Special Permit to establish an auto repair shop on approximately 3,500 square foot portion of 1.04 acres of land situated in the State Land Use Agricultural District. The property is located in Orchidland Estates Subdivision at the northwest corner of KeaÒau-Phoa Road and Ilima Street intersection, KeaÒau, Puna, HawaiÒi, TMK: 1-6-9: Portion of 166. Ms. Gagorik oriented the Commission and public of the subject and surrounding properties on the location map and site plan, summarized the request, and noted the Planning Director recommended approval of the application for five years with conditions, or until such time commercial lands become available within the subdivision. Mr. Yuen clarified his recommendation. He said (1) if there are no new light industrially zoned properties available in the Paradise Park or Orchidland Subdivisions at the end of five years the permit will terminate, unless the applicant receives a time extension; and (2) if a light industrial area does open up then the applicant would relocate within a reasonable time period of time. He said as special permits are an exception, the Planning Department encourages light industrial uses to go to zoned locations; however, currently there are no zoned locations in the near vicinity. For Commissioner KubotaÓs information, Ms. Gagorik pointed out on the location map the residences of surrounding property owners objecting to the application and noted that the applicant has removed the cars parked along the roadway due to the complaints filed. Commissioner Giffin amended the Background Report, page 1, first line, to state that the request is to legitimize an existing use. Commissioner Togashi commented that by having businesses widely dispersed competing businesses may survive but by having them centralized in one location or a designated area, it becomes a survival of the fitness situation and may be thwarting competition. In response to Commissioner TogashiÓs comments, Mr. Yuen said th faced with either allowing people to establish a business anywhere in the subdivision which is not consistent with the basic idea of zoning, noting quite often neighbors object to having such businesses as a repair shop located next door to them. He said the Planning Department is dealing with the legacy of some decisions that were made a long time ago where all these areas were subdivided into many, many lots with quite a large population and almost no zoned areas for small businesses to operate to provide basic kinds of services. He said rather than deny all special permits and force everybody to 4 drive to Keaau or Pahoa to have these basic businesses, the Department is recommending approval of five-year special permits so that hopefully within that period of time areas will be rezoned for such purposes. He said if they say yes to everybody coming in for special permits then those special permits will be there forever and then there is also no reason for somebody to make a light industrial area as the lots in this subdivision are not that expensive and it would cost a person a lot of money to get the rezoning and prepare the site for a light industrial area. Commissioner Fujikawa said he saw this application as a home community convenience, not a matter of competition. The applicant, Robert Kobayashi, was in attendance. Anthony Hastie spoke in support of the application, noting the applicant provide excellent service to his customers. In response to Commissioner KubotaÓs inquiry, Mr. Kobayashi said his customers come from various districts of the island, noting he charges only $40 an hour and safety inspections are done within a very short period of time, not several hours later. It was moved by Commissioner Giffin and seconded by Commissionr Fujikawa that the application be approved based upon and incorporating the Planning DirectorÓs recommendation. A roll call vote was taken and motion carried with seven ayes (Giffin, Fujikawa, McCall, Smith, Togashi, Kubota and Galdones) and two absent and excused (Mina and Springer). SPECIAL PERMITThe Commission took this item up at 11:16 a.m. PATRICIA with approximately 5 people from the public in attendance. CANN-FERREIRA ST PUNAHOA 1, SOUTH HILO APPLICANT: PATRICIA CANN-FERREIRA (SPP 02-041) - Application for a Special Permit to legitimize an existing hair cutting/beauty sal within an approximately 100 square foot area of an existing dwelling situated on one acre of land in the State Land Use Agricultural District. The property is located in Hilo Heights Subdivision on the north side of Haleloke Street, Punahoa 1st,South Hilo, HawaiÒi, TMK: 2-5-58:22. (SEE EXHIBIT D) RECESSEDThe meeting recessed at this time, 12:21 p.m. RECONVENEDThe meeting reconvened at 2:15 p.m. 5 WORKSHOPThe Commission took up the following scheduled workshop at this time, 2:15 p.m.. Discussion on Contested Case Procedures. (SEE EXHIBIT E) MINUTESThe Commission took up the following minutes at this time, 3:05 p.m. November 1, 2002 Î It was moved by Commissioner McCall and seconded by Commissioner Fujikawa that the minutes be approved as circulated. Motion was unanimously carried by a voice vote of all Commissioners in attendance. November 15, 2002 - It was moved by Commissioner McCall and seconded by Commissioner Fujikawa that the minutes be approved as circulated. Motion was unanimously carried by a voice vote of all Commissioners in attendance. ADMINISTRATIVEThe Commission took up the following administrative MATTERSmatters at this time, 3:08 p.m. Status of Appeals Filed on Planning Commission Decisions Î Mr. Torigoe said he completed the Supreme Court briefing on Anjo-Ako Watkins/Sunderland Retreat Matter in late December, noting the Supreme Court may take a year or two to render a decision. He also said Judge Ibarra is expected to make a decision within the next month or so on the motion to dismiss the appeal on the Capt. Cook AT&T tower based on the failure to timely transmit the record, noting the County joined in this motion. Executive Session Minutes Î Mr. Torigoe stated the Commission should at least have a vote on the record of the approval of the minutes. In light of Commissioner KubotaÓs concern, the Chair ruled that the executive session minutes be returned to the secretary when the members have completed reading it or as soon as the minutes are approved. ANNOUNCEMENTSMs. Kawaha announced the subsequent meetings were February 7, 2003 in the Ohana Keauhou Beach Resort in Kona and February 21, 2003 in the County Councilroom in Hilo. ADJOURNMENTThere being no further business, the Chair declared the meeting adjourned at 3:11 p.m. Respectfully submitted, Sharon M. Nomura, Secretary 6 A T T E S T:A T T E S T: Geraldine M. GiffinFred Galdones 7