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HomeMy WebLinkAbout2003-02-21 Planning Commission Minutes PLANNING COMMISSION COUNTY OF HAWAIÒI MINUTES FEBRUARY 21, 2003 The Planning Commission met in regular session at 9:00 a.m. in the County Building, Councilroom-Room 201, 25 Aupuni Street, Hilo, HawaiÒi, with Chairperson Fred Galdones presiding. PRESENT:Fred GaldonesABSENT & EXCUSED:Geraldine M. Giffin Earl Fujikawa Hannah Springer Florence Kubota Jeffrey McCall Aurelio C. Mina, Jr. Francis Smith Bill P. Thibadeau Ivan Torigoe, Deputy Corporation Counsel Chris Yuen, Planning Director Alice Kawaha, Staff Planner Esther Imamura, Staff Planner Susan Gagorik, Staff Planner Glenn Ahuna representing the Dept. of Water Supply (From 11:00 a.m.) The Chair introduced the Commission and staff to members of the The Chair deferred the Minutes and Administrative Matters until the end of the agenda. REZ 02-024The Commission took this item up at 9:10 a.m. with FIRST HAWAIIAN two people from the public in attendance. BANK, TRUSTEE OF THE WILLIAM V. BRILHANTE SELF-DIRECTED IRA WAIKEA, SOUTH HILO APPLICANT: FIRST HAWAIIAN BANK, Trustee of the William V. Brilhante Self-Directed IRA (REZ 02-024) - Application for a Change of Zone by changing the district classification from Single Family Residential (RS-10) to General Commercial (CG-20) for approximately 23,761 square feet of land. The property is located in Waikea House Lots 2nd Series, on the west side of Klauea Street, adjacent and south of YWCA Office (former HalÓs Radio & TV Service), Waikea, South Hilo, HawaiÒi, TMK: 2-2-24:12. 1 Ms. Kawaha 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 with conditions. The applicantÓs representative, William V. Brilhante, stated he DepartmentÓs background report and recommendation and had no questions or statements to make on them. There was no one from the public wishing to testify on this agen It was moved by Commissioner Kubota and seconded by Commissioner Mina to send a favorable recommendation to the County Council based on and incorporating the Planning DirectorÓs recommendation. A roll call vote was taken and motion carried with seven ayes (Kubota, Mina, Fujikawa, McCall, Smith, Thibadeau and Galdones) and two absent and excused (Giffin and Springer). REZ 02-025The Commission took this item up at 9:21 a.m. with WILLIAM V.two people from the public in attendance. BRILHANTE WAIKEA, SOUTH HILO APPLICANT: WILLIAM V. BRILHANTE (REZ 02-025) - Application for a Change of Zone by changing the district classification from Limited Industrial (ML-20) to Industrial-Commercial Mixed Use (MCX-20) for approximately 21,050 square feet of land. The property is located in Waikea House Lots 1st Series, adjacent and north of Tracy Lewis Inc. Realtor Office, on the west side of Kanoelehua Avenue, approximately 290 feet north of its intersection with KekanaÒa Avenue, Waikea, South Hilo, HawaiÒi, TMK: 2-2-35:61. Ms. Gagorik oriented the Commission and public of the subject and surrounding properties on the location map and site plan, and summarized the request. She made the th following corrections to the Background Report: Page 1, item 2, 5 line, add ÐnotÑ between ÐinadvertentlyÑ and Ðacknowledged;Ñ and Page 4, item 21, B, second to the last line, change ÐMCX-10Ñ to ÐML-10.Ñ In response to Commissioner KubotaÓs inquiry regarding the State Department of TransportationÓs comment on ÐNo Point Discharge,Ñ Mr. Yuen and Mr. McCall clarified that this meant an applicant could not set up his drainage plan so that the water runs off onto the highway. Mr. Yuen noted that the Department of Public Works will require the applicant to include a drywell in the design of the lot, which is a normal condition imposed on applicants. For Commissioner McCallÓs information, Ms. Gagorik explained the differences between the MCX and ML designations, noting the MCX designation allows a mixture of commercial and industrial uses which creates some flexibility for a developer. Mr. Yuen 2 said the biggest single difference is in the ML zone retail is supposed to be accessory to some other use and one cannot have a full blown retail outlet; and the MCX allows one to do light industrial kind of uses like warehouse, construction baseyards, along with full- blown retail uses. In response to Commissioner KubotaÓs inquiry, Mr. Yuen clarified developers are now going for MCX rather than Commercial because one can get practically everything in Commercial zone as well as certain industrial uses which one cannot in the ML zone. In response to Commissioner KubotaÓs further inquiry about doing away with ML zoning, Mr. Yuen said the reason behind having separate industrial zonings partially is when you restrict the number of uses, a lower level of infrastructure may be required and then you produce land that tends to be less expensive. From the standpoint of businesses, Mr. Yuen said there will be less sites available for just strictly light industrial uses if they are outbid by MCX and those wanting strictly light industrial uses may not be able to pay that kind of MCX rental rates. Mr. Yuen added that 30-50 years ago there was more of a separation in the aesthetic sense between commercial and light industrial, wherein where your light industrial areas did not have amenities such as sidewalks, etc. Mr. Galdones stated a correction needed to be made on the background report as the second Item 2 should be renumbered to Item 3, and the remaining accordingly. The applicant, William V. Brilhante, stated he did receive the P background report and recommendation and had no questions or statements on them. There was no one from the public wishing to testify on this agen It was moved by Commissioner Kubota and seconded by Commissioner Mina to send a favorable recommendation to the County Council based on and incorporating the Planning DirectorÓs recommendation. A roll call vote was taken and motion carried with seven ayes (Kubota, Mina, Fujikawa, McCall, Smith, Thibadeau and Galdones) and two absent and excused (Giffin and Springer). REZ 02-031The Commission took this item up at 9:37 a.m. with SAF, LTD.one person from the public in attendance. WAIKEA, SOUTH HILO APPLICANT: SAF, LTD. (REZ 02-031) - Application for a Change of Zone by changing the district classification from Single Family Residential (RS-10) to Industrial- Commercial Mixed Use (MCX-20) for approximately 21,050 square feet of land. The property is located in Waikea House Lots 1st Series, on the west side of Kanoelehua Avenue, approximately 200 feet north of its intersection with Hualani Street, Waikea, South Hilo, HawaiÒi, TMK: 2-2-35:46. 3 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 with conditions. The applicantÓs representative, Sidney Fuke, stated he did receive the Planning DepartmentÓs background report and recommendation and the proposed conditions were acceptable. He noted an editorial correction needed to be made on Condition E relating to the County sewer lateral in that Kinoole Street should be Kanoelehua Avenue. In response to Commissioner KubotaÓs inquiry, Mr. Fuke said after the applicantÓs January 23, 2003 memo, he did meet with the Department of Public Condition D as worded was acceptable to the applicant as according to the Department of Public Works as long as the drainage plans can be justified in one page that would satisfy their requirement. For CommissionÓs McCallÓs information, Mr. Fuke said the applicantÓs intent is to retain Japanese landscaped garden in the rear of the property. He added that it was also the applicantÓs intent to have the existing dwelling burned by the Fire DepartmentÓs new recruits for training purposes, noting the existing dwelling has been used by squatters for quite some time. Ms. Gagorik corrected page 3 of the background report, Item 15.B, to change RS-10 to ML-10, not MCX. There was no one from the public wishing to testify on this agen It was moved by Commissioner Kubota and seconded by Commissioner Fujikawa to send a favorable recommendation to the County Council based on and incorporating the Planning DirectorÓs recommendation, with corrections to the background report, page 3, Item 15.B, changing ÐMCXÑ to ÐML-10Ñ and Condition E, changing Ð ÐKanoelehua Avenue.Ñ A roll call vote was taken and motion carried with seven ayes (Kubota, Fujikawa, McCall, Thibadeau, Smith, Mina and Galdones) and two absent and excused (Giffin and Springer). RECESSEDThe Chair called a short recess at 9:46 a.m. RECONVENEDThe meeting reconvened at 10:03 a.m. SPP 02-043The Commission took this item up at 10:03 a.m. THOMAS with one person from the public in attendance. BROOKMAN & DIANNE MARITT BROOKMAN WAILUA, SOUTH HILO 4 APPLICANTS: THOMAS BROOKMAN & DIANNE MARITT-BROOKMAN (SPP 02-043) - Application for a Special Permit to allow a four-bedroom bed and breakfast operation, within an existing dwelling situated in the State Land Use Agricultural District. The property is located on the HonokaÒa side (north) of Kaiwiki Road, approximately 1/4 mile west of its intersection with Old Mmalahoa Highway, Wailua, South Hilo, HawaiÒi, TMK: 2-6-13:Portion of 35. 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 with conditions. The applicants, Thomas Brookman and Dianne Maritt-Brookman, were in attendance. Mr. Brookman stated he did receive the Planning DirectorÓs Background Report and Recommendation, along with the conditions, and had no questions and understood the recommendation. Commissioner Kubota expressed her concern on the danger and liability factors that might be caused by the drop in the gulch area. Mr. Brookman stated that there was sufficient yard space from the structure to the gulch area; however, his intention is to put stakes along there with a plastic chain so people would be aware of the drop. For Commissioner FujikawaÓs information, Mr. Brookman explained the parking layout and said there would be sufficient parking on site so that their B&B guests will not be parking on Kaiwiki Road. There was no one from the public wishing to testify on this agen It was moved by Commissioner Fujikawa and seconded by Commissioner Mina that the application be approved based on and incorporating the Planning DirectorÓs recommendation. A roll call vote was taken and motion carried w (Fujikawa, Mina, Thibadeau, Smith, Kubota, McCall, and Galdones) and two absent and excused (Giffin and Springer). SPP 02-044The Commission took this item up at 10:14 a.m. ROBERT J.with no one from the public in attendance. WIDDECOMBE DBA KAU DIVERSIFIED KAHUKU, KAÒU APPLICANT: ROBERT J. WIDDECOMBE DBA KAU DIVERSIFIED (SPP 02-044) - Application for a Special Permit to establish a domestic violenc on approximately 2,500 square feet of land in the State Land Use Agricultural District. The property is located in Hawaiian Ocean View Ranchos Subdivision, along the makai 5 side of Bougainvillaea Drive, approximately 309 feet northwest of its intersection with Hokulani Boulevard, and approximately 2,400 linear feet makai ofmalahoa Highway, Kahuku, KaÒu, HawaiÒi, TMK: 9-2-197:Portion of 62. Ms. Imamura 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 with conditions. The applicant, Robert J. Widdecombe, stated he did receive the Planning DirectorÓs Background Report and Recommendation. In response to Commissioner FujikawaÓs inquiry, Mr. Widdecombe said at this point in time he is a licensed general contractor doing business as Kau Diversified and the owners have hired him to do the plans. He clarified that as soon as this special permit is approved, they will make the necessary changes and finalize the permits. Mr. Widdecombe explained that the facility provides shelter to t violence in a temporary situation. Commissioner Kubota felt the shelter was a wonderful facility but questioned the liability factors that comes with opening up such a facility. Mr. Yuen said that security is an issue that the applicant needs to address with the police department, not on this special permit level. He said it was unfortunate that the applicant has to go through a special permit process but that such a permit is required for such a facility, noting as a practical matter it was very unlikely that a distraught husband or boyfriend would know where to go to find out the location of such a facility. He added that the Planning Commission would not be liable for criminal acts of a third party over whom they have no control. In response to the ChairÓs inquiry, Mr. Widdecombe said that his role in this matter is to convert the existing storage shed to a residence; and although he will not be operating the shelter, he is authorized to speak on behalf of those who will be operating the shelter and he will be the person responsible for complying with the proposed conditions of approval. There was no one from the public wishing to testify on this agen It was moved by Commissioner Fujikawa and seconded by Commissioner Mina 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 (Fujikawa, Mina, Thibadeau, Smith, Kubota, McCall, and Galdones) and two absent and excused (Giffin and Springer). RECESSEDThe Chair called a recess at 10:28 a.m. RECONVENEDThe meeting reconvened at 11:00 a.m. 6 SPP 569The Commission took this item up at 11:00 a.m. ORCHIDLANDwith approximately 11 people from the public in GULSONS, LLCattendance. KEAÒAU, PUNA APPLICANT: ORCHIDLAND GULSONS, LLC (SPP NO. 569) - Request for an amendment to Condition No. 4 (complete construction) of Special (formerly Sure Save Supermarkets, Ltd.), which allowed the development of the Orchid Land Convenience Center on approximately 2 acres of land within the State Land Use Agricultural District. The property is located in Orchidland Estates Subdivision the site of the existing Wiki Wiki Mart, located on the Phoa side of Orchid Land Drive approximately 450 feet from its intersection with the Phoa Government Road (Highway 130), KeaÒau, Puna, HawaiÒi, TMK: 1-6-9:386. (SEE EXHIBIT A) RECESSEDThe Chair called a recess at 12:25 p.m. RECONVENEDThe meeting reconvened at 2:03 p.m. SPP 01-019The Commission took this item up at 2:03 p.m. KAMUELAwith approximately 50 people from the public in CONGREGATIONattendance. OF JEHOVAHÓS WITNESSES PUÒUKAPU, SOUTH KOHALA APPLICANT: KAMUELA CONGREGATION OF JEHOVAHÓS WITNESSES (SPP 01-019) - Continued hearing, including discussion on the Hearing OfficerÓs Findings of Fact, Conclusions of Law and Recommendation, and any exceptions and/or oral arguments of the parties, on the application for a Special Permit for the establishment of a church and related improvements on approximately 0.5 acre portion of a 5.006-acre parcel in the State Land Use Agricultural District. The property is located in the Kauakea Subdivision, at the west corner of Kauakea Road-Mmalahoa Highway intersection, PuÒukapu Homesteads 2nd Series, PuÒukapu, South Kohala, HawaiÒi, TMK: 6-4-17: Portion of 23. (SEE EXHIBIT B) MINUTESThe Commission took up the following approval of the minutes at this time, 3:54 p.m. January 17, 2003 Î It was moved by Commissioner Kubota and secon Commissioner Fujikawa that the minutes be approved with the correction on Page 1 that 7 Commissioner Fujikawa was present and Commissioners Springer and Mina were absent. Motion was unanimously carried by a voice vote of all Commissioners in attendance. ADMINISTRATIVEThe following was discussed under administrative matter: MATTER RT Service Special Permit Î Mr. Torigoe noted that Judge Amano affirmed the Planning CommissionÓs decision; however, the JudgeÓs decision has been appealed to the Appellate Court of the State of Hawaii. ANNOUNCEMENTS Ms. Kawaha noted the subsequent meetings are scheduled thth for March 7 at the King Kamehameha Hotel and April 4 at the Ohana Keauhou Beach st Resort, noting the March 21 Hilo meeting has been cancelled. ADJOURNMENTThere being no further business, the Chair declared the meeting adjourned at 3:57 p.m. Respectfully submitted, Sharon M. Nomura, Secretary A T T E S T: Fred Galdones, Chairman Planning Commission 8