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HomeMy WebLinkAbout2007-02-02 Planning Commission Minutes PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES FEBRUARY 2, 2007 The Planning Commission met in regular session at 9:05 a.m. in the County of Hawaii, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii, with Chairman William R. Graham presiding. PRESENT: William R. Graham ABSENT & EXCUSED: C. Kimo Alameda Fred Galdones Andrew Iwashita Alvin Rho Jeffrey McCall Rene’ Siracusa Rodney Watanabe Ivan Torigoe, Deputy Corporation Counsel Christopher Yuen, Planning Director Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner The Chair introduced the Commissioners and staff to members of the public. SPP 06-00035 The Commission took this item up at 9:10 a.m. with CELLCO PARTNERSHIP approximately 8 people from the public in attendance. DBA VERIZON WIRELESS KAPAAULA, HAMAKUA APPLICANT: CELLCO PARTNERSHIP DBA VERIZON WIRELESS (SPP 06-00035) Continued hearing on the application for a Special Permit to allow the construction of a telecommunication facility consisting of a 150-foot monopole, an equipment shelter, and fencing on approximately 2,000 square feet of land situated within the State Land Use Agricultural District. The area involved is located on the south side of the Hawaii Belt Road (Highway 19), approximately 4 miles east of the Hawaii Belt Road – Old Mamalahoa Highway intersection, Kapaaula, Hamakua, Hawaii, TMK: 4-7-7: portion of 10. (SEE EXHIBIT A) RECESSED The Chair called a short recess at 9:58 a.m. RECONVENED The meeting reconvened at 10:08 a.m. REZ06-000054 The Commission took this item up at 10:08 a.m. with BIG ISLE approximately 7 people from the public in attendance. VENTURES, LLC POUPOUWELA AND KAWALA, KAU APPLICANT: BIG ISLE VENTURES, LLC (REZ06-000054) Change of Zone from a Single-Family Residential – 7,500 square foot (RS-7.5) to a Village Commercial – 7,500 square foot (CV) district for 17,382 square feet of land. The property is located at the northeast corner of the Highway 11 (Mamalahoa Highway) and Kukui Road rd intersection, across from the Naalehu Park, Naalehu Subdivision 3 Series, Poupouwela and Kawala, Ka’u, Hawaii, TMK: 9-5-24:8. (SEE EXHIBIT B) RECESSED The Chair called a short recess at 10:44 a.m. RECONVENED The meeting reconvened at 10:51 a.m. REZ 06-000057 The Commission took this item up at 10:51 a.m. with DIANE SMITH approximately 5 people from the public in attendance. WAIAKEA, SOUTH HILO APPLICANT: DIANE SMITH (REZ 06-000057) Change of Zone from a Single-Family Residential – 10,000 square foot (RS-10) to a General Commercial – 7, 500 square foot (CG-7.5) district for 3,251 square feet of land. The property is situated at the western corner of the Kinoole Street – Wailoa Street intersection, in the vicinity of Furnitureland Store, Waiakea, South Hilo, Hawaii, TMK: 2-2-18:36. Mr. Darrow oriented the Commission and public of the subject and surrounding property owners on the location map and site plan, summarized the request, and noted correspondence recently received were from the Department of Water Supply, Department of Public Works, and an email from Linus Tavares on behalf of Farm Credit Services of Hawaii expressing their concern on the parking issue. He stated that the Planning Director is recommending the Planning Commission send an unfavorable recommendation to the Hawaii County Council, noting the size of the property and difficulty in meeting the parking requirements. In response to Commissioner Siracusa’s inquiry, Mr. Darrow said the applicant can only accommodate one stall out of the required four on the 3,251 square foot property and Mr. Yuen noted that backing out onto the street is not allowed for a commercially zoned property. The applicant, Diane Smith, said she felt the property could accommodate two stalls and that there is always parking available on Wailoa Street. She said people have expressed interest to 2 use the structure as a sole proprietor or for a mortgage office which would not generate a lot of traffic. Ms. Smith was confident that their clients would not park at the Farm Credit Services of Hawaii’s parking lot as her realtor has told her that everyone who has come onto the property has used Wailoa Street to park on. For the Commission’s information, Mr. Yuen read into the record the requirements for parking stated in the Zoning Code, which the applicant is unable to meet. He said as far as allowing off- site parking on a public street, the current Code only limits it to Downtown Hilo and that in his view the applicant would not be able to qualify for a variance under the County Code. He noted the Code does allow for shared parking with another commercial enterprise if the other parking lot is not used, such as a movie theater that is only open at night next to a commercial building that was only opened during the day. There was no one from the public wishing to testify on this application. It was moved by Commissioner Watanabe and seconded by Commissioner Siracusa to send an unfavorable recommendation to the County Council based on the Planning Director’s recommendation, inclusive of the simple logistics of the property, the fact that there is not ample parking, and there is not safe ingress/egress from the property. Commissioner Siracusa noted the applicant does have the options of selling or renting the property as a residence. A roll call vote was taken and motion carried with five ayes (Watanabe, Siracusa, Galdones, Rho and Graham) and three absent and excused (Alameda, Iwashita and McCall). RECESSED The Chair called a short recess at 11:09 a.m. RECONVENED The meeting reconvened at 11:20 a.m. SPECIAL PERMIT The Commission took this item up at 11:20 a.m. with NO. 1186 approximately 4 people from the public in attendance. RICHARD KOOB KAMAILI AND KEEKEE, PUNA SPECIAL PERMIT NO. 1186 (APPLICANT: (APPLICANT: RICHARD KOOB) Determination by the Planning Commission as to whether the financing and marketing plan to investors for “retreat homes” is consistent with the Special Permit granted by the Planning Commission. Special Permit No. 1186 allowed the establishment of a 13-unit Kalani Kai arts, agriculture and wellness education retreat and related facilities on approximately 14.94 acres of land situated with the State Land Use Agricultural District. The property is located adjacent to and west of the existing Kalani Honua Facility, mauka of the Kalapana-Kapoho Road (Route 137), Kamaili and Keekee, Puna, Hawaii, TMK: 1-2-9:29. (SEE EXHIBIT C) 3 RECESSED The Chair called a short recess at 2:35 p.m. RECONVENED The meeting reconvened at 2:40 p.m. GENERAL PLAN The Commission took this item up at 2:40 p.m. with no one PLANNING DIRECTOR from the public in attendance. AMENDMENT PROCEDURES INITIATOR: PLANNING DIRECTOR Action on a draft ordinance regarding the General Plan amendment procedures. There was no one from the public wishing to testify on this agenda item. Commissioner Siracusa stated she was not prepared to act on this item today as she did not receive the revised agenda. It was then moved by Commissioner Watanabe and seconded by Commissioner Galdones to continue this item to a future Planning Commission meeting. Motion was unanimously carried by a voice vote of all Commissioners in attendance. MINUTES The Commission took this item up at 2:42 p.m. January 5, 2007 – It was moved by Commissioner Siracusa and seconded by Commissioner Rho that the minutes be approved as circulated. Motion was unanimously carried by a voice vote of all Commissioners in attendance. ADMINISTRATIVE The Commission took up the following under Administrative MATTERS Matters at 2:43 p.m.: Status of appeals filed on Planning Commission decisions - Corporation Counsel – Mr. Torigoe noted that he received a preliminary decision from Judge Hara on the Ainaloa Development case wherein the Commission denied the applicant’s request for relief of Condition 7 to improve Ainaloa Boulevard to dedicable standards and instead be allowed to pay $1,000,000. He stated that the Judge denied the appeal and upheld the Planning Commission’s decision; and that he is in the process of drafting the Findings of Fact, and Conclusions of Law, which will be made available to the Commission shortly. Other Commission matters - Commissioner Watanabe expressed his grave concern of the Planning Commission spending an inordinate amount of time in micro-managing various aspects of the permit process and, also, still being unable to obtain the necessary votes to approve or deny an application. He said he did not feel comfortable approving or denying an application without professional help, especially from the government sector. He added his additional concern of the Commission constantly repeating their same positions for a lengthy period of time on several applications. He pointed out that applicants have commented they would prefer to just go directly to the Council since the Commission spends hours delving into areas that are 4 really not within their area of expertise. He then suggested Commissioners make every attempt to attend all meetings so that an approval, denial or modified motion of the Commission can pass. Commissioner Siracusa pointed out that not all Commissioners know how they will vote ahead of time as she herself has changed her mind many times after hearing the public testimony. She then suggested the Commission request the administration expedite appointments of new Commissioners to avoid quorum problems. Commissioner Rho urged everyone (applicants, Commissioners and the public) not to take him around the world and expressed his concern that the Commission seems to be repeating themselves and being redundant. He noted that the Commission at a recent meeting appeared to be going in one direction, and within 1 ½ hours later in another direction, and in another 1 ½ hours the Commission was back in the original direction. He then suggested, as per the Corporation Counsel, that the Commission go into executive session to seek legal advise from its counsel on what the Commission should focus on or base its decision on. Mr. Torigoe said the Commission may go into executive session when they need to ask for legal advice regarding what may be some of the legal options available and what some of the ramifications are of taking certain actions, not so the Commission can caucus or deliberate off the record. He said it would perhaps be helpful during executive session for the Commission to find out what the legal scope of the Commission’s inquiry ought to be, the things the Commission should be focusing on. As far as the 90 days the Commission spends on rezoning matters, Mr. Torigoe noted the overall intention is for the Commission to have that time to seriously consider and come to a decision. Mr. Torigoe at this time made the following comments/suggestions: If the Commission is unable to come to five affirmative votes one way or another on rezoning or land use boundary amendment applications, the Commission could agree to send the application up to the County Council with a negative recommendation, but specifically noting the fact that the Commission was unable to obtain five affirmative votes one way or the other. The Commission should be mindful to try and really focus on what are the key issues directly under the Commission’s jurisdiction. The Commissioners should make a concerted effort to attend all meetings. The Commission should give due consideration to really giving the administrative people the benefit of the doubt on matters that are within their jurisdiction rather than trying to micro-manage things for them, noting the Commission could insert their concerns in its decision and say they want the administrative people to really pay attention to their particular concerns. As far as a contested case hearing officer’s report, the Commission does need to reserve the right to reopen a hearing as they have the duty to consider modifying it but the Commission can also give the hearing officer due deference in looking at what has gone on the whole record. He then said it was important for the Commission to express their concerns if they feel the Council is doing something that is procedurally questionable and raises problematic issues. ANNOUNCEMENTS The following announcement was made: 5 Next meeting – Staff announced the next meeting is scheduled for February 15, 2007 in Kona. ADJOURNMENT There being no further business, the Chair declared the meeting adjourned at 3:10 p.m. Respectfully submitted, Sharon M. Nomura, Secretary A T T E S T: William R. Graham, Chairman Planning Commission 6