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HomeMy WebLinkAbout2008-09-04 Planning Commission Minutes PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES SEPTEMBER 4, 2008 The Planning Commission met in regular session at 9:16 a.m. in the Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii with First Vice-Chairman Rell Woodward presiding. PRESENT: Rell Woodward ABSENT & EXCUSED: Rodney Watanabe C. Kimo Alameda (left at 4:00 p.m.) Lani Bowman (left at 5:00 p.m.) Takashi Domingo Frederic Housel Andrew Iwashita Shelly Ogata Ivan Torigoe, Deputy Corporation Counsel Christopher Yuen, Planning Director Norman Hayashi, Staff Planner Phyllis Fujimoto, Staff Planner L`hi`Bnsskd+Rs`eeOk`mmdq The Chair introduced the Commissioners and staff to members of the public. SPP 1136 The Commission took this item up at 9:20 a.m. with EXCAVATION approximately 14 people from the public in attendance. TECH, LLC KEAAU, PUNA APPLICANT: EXCAVATION TECH, LLC (SPP 1136) Amendment to Condition 5 (life of permit) and 8 (final plan approval) of Special Permit No. 1136, which allowed the establishment of a contractor’s baseyard for heavy equipment storage and excavation operation on approximately 2.5 acres of land situated within the State Land Use Agricultural District. The property is located along the mauka side of the Keaau-Pahoa Highway (Highway 130) and approximately 700 feet Keaau side of Makuu Drive, Orchidland Estates Subdivision, Keaau, Puna, Hawaii, TMK: 1-6-9:237 to 240. Mr. Hayashi 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’s representatives, Paul and Cindy Andrade, and their attorney, Steve Lim, were in attendance. Mr. Lim briefly explained their request and noted this family-owned business has been operating for some years now without any complaints from the neighbors. He stated they did receive the Planning Department’s background and recommendations and agree with the proposed conditions. Paul Andrade at this time clarified that he actually would like a ten-year time extension as there have been no changes for the last 15 years and it entails a lot of time and money to request a time extension every five years. For the Commissioner Domingo’s information, Mr. Andrade said he actually hopes the land will be rezoned or General Planned Light Industrial, noting they have operated a clean business since 1989. Cindy Andrade pointed out that they are a small business that has helped many residents improve their properties, and it was becoming difficult to operate a business and live by all the rules and requirements. She agreed with her husband it was a waste of time and money to ask for time extensions every five years if there have been no changes. She said she believed the area will eventually be designated Industrial since it is located near the highway. Commissioner Iwashita suggested the applicants pursue their desires of having the area designated Industrial with the Action Committee of the Puna Community Development Plan. There was no one from the public wishing to testify on the application. It was moved by Commissioner Domingo and seconded by Commissioner Ogata that a ten-year time extension be granted since the applicants have been operating for a long period of time without any complaints, they appear intent to remain in the area, and they have already invested large sums of money in their business, adding that such services are warranted as the community is growing. Commissioner Domingo felt this was a good time to seek a General Plan Amendment and rezoning to allow such uses. Director Yuen said that the Planning Department believes that rather than having businesses scattered throughout the subdivision on special permits, they, like in a typical planned community, should be concentrated in one area. He said, however, because the Department realizes that there is a lack of suitable sites to service the immediate needs of a central subdivision that had a great deal of the population, it has been agreeable to these term-limited permits with the idea that when other locations became available that the businesses would relocate. He noted if everybody can just buy a lot and open up a business anywhere there would be no market for people to move into specifically zoned areas. For the Commission’s information, Mr. Yuen noted that the Community Development Plan has some of the same areas that are in the General Plan designated for Light Industrial development and that the Department had proposed amendments to the Community Development Plan that would add additional sites but those did not pass Council, stating he anticipated that the Department would reintroduce those at some point in the near future. He added as a technical matter the applicant’s request is for a five-year time extension. 2 Commissioner Iwashita felt the big problem in Puna was created when all of the substandard subdivisions were approved many years ago, where the relatively inexpensive lands were developed into house lots and not used for agricultural purposes as the zoning indicates. He felt the Puna Community Development Plan is the process that should be used, and approving special permits for ten years would take away the incentive for people to seek the proper zoning. He pointed out that the applicants established the business with their eyes wide open with an initial five-year time extension and with the understanding that the business would move when properly zoned lands became available. He said granting a ten-year extension would be like starting a spot zoning kind of process which he could not support. Commissioner Domingo felt a ten-year time extension should be approved because of the growing need for such necessary services in the development of the Puna area, the applicants are sincerely attempting to establish their business legally, and as they have over a million dollars worth of investments on that property, it would be difficult for them to relocate to another area at this time. He suggested the applicants, meanwhile, pursue a boundary amendment and change of zone to legitimize their business on the subject property rather than going through the special permit route. He felt the Commission should not burden the applicants even more than what they’re faced with at this time. First Vice-Chairman Woodard suggested as a compromise Condition 14 be amended to state: “If the applicant should require an additional extension of time the applicant shall submit a request to the Planning Department for appropriate action,” rather than to the Planning Commission, so that if there is no other urban areas available the Department can grant another five years which could then essentially give the applicants ten years. Upon Director Yuen’s and Commissioner Iwashita’s suggestions, it was moved by Commissioner Domingo and seconded by Commissioner Ogata that Condition No. 14 be amended to read “If the events in Condition No. 5 have not occurred, the Planning Director may administratively extend the life of the permit to not more than five years. If the Planning Director refuses to administratively extend the permit the applicant may submit a request to the Planning Commission for appropriate action. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate procedures to revoke the permit.” Commissioner Bowman said she had concerns of setting a precedent, but she felt this was a good compromise. A roll call vote was taken and motion carried with seven ayes (Domingo, Ogata, Housel, Alameda, Bowman, Iwashita and Woodward) and one absent and excused (Watanabe). SPP 08-000056The Commission took this item up at 9:59 a.m. with SATORUapproximately 11 people from the public in attendance. STEWART MAEDA OLAA, PUNA APPLICANT: SATORU STEWART MAEDA (SPP 08-000056) Special Permit to allow the establishment of a commercial boarding kennel, a quarantine kennel, office, and certified kitchen on 4 acres of land situated within the State Land Use Agricultural District. The property is located off the south side of Ihope Street, approximately 0.7 mile 3 southwest of the Ihope Street – North Peck Road intersection, Olaa Reservation Lots, Olaa, Puna, Hawaii, TMK: 1-8-6:193. (SEE EXHIBIT A) RECESSED The Chair called a short recess at 11:08 a.m. RECONVENED The meeting reconvened at 11:18 a.m. REZ 08-000080 The Commission took this item up at 11:18 a.m. with RAYMOND & approximately 10 people from the public in attendance. JANE OTOMO MANOWAIOPAE, NORTH HILO APPLICANTS: RAYMOND & JANE OTOMO (REZ 08-000080) Change of Zone from Single-Family Residential 15,000 square feet (RS-15) to Single-Family Residential 10,000 square feet (RS-10) for approximately 22,366 square feet of land. The property is located on the south side of Puualaea Homestead Road, near the intersection with Spencer Road, Manowaiopae Homestead, North Hilo, Hawaii, TMK: 3-6-8:2. Ms. Cottle 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, Raymond and Jane Otomo, were in attendance. Mrs. Otomo said they would like to subdivide the property to sell a portion to their son. There was no one from the public wishing to testify on the application. It was moved by Commissioner Iwashita and seconded by Commissioner Domingo to send a favorable recommendation to the County Council as recommended by the Planning Director, with conditions. A roll call vote was taken and motion carried with seven ayes (Iwashita, Domingo, Alameda, Bowman, Housel, Ogata, and Woodward) and one absent and excused (Watanabe). SPP 1212 The Commission took this item up at 11:25 a.m. with WALTER TAVARES, JR. approximately 8 people from the public in attendance. KEAAU, PUNA APPLICANT: WALTER TAVARES, JR. (SPP 1212) Amendment to Condition 2 (life of permit) of Special Permit No. 1212, which allowed the construction of a 2,500-square foot building for the establishment of a towing and auto repair business on one acre of land situated within the State Land Use Agricultural District. The rd property is located along the makai side of Uluhe Street (aka 33 Avenue), approximately 1,620 4 feet northwest of Makuu Drive, Hawaiian Paradise Park Subdivision, Keaau, Puna, Hawaii, TMK: 1-5-16:148. As requested by the applicant since he was unable to be present today and as recommended by the Planning Department, it was moved by Commissioner Iwashita and seconded by rd Commissioner Bowman that the hearing be continued until the October 3 Planning Commission meeting in Hilo. Suzanne Mayhew stated for the record that she will present testimony at that continued hearing. A roll call vote was taken and motion carried with seven ayes (Iwashita, Bowman, Domingo, Housel, Alameda, Ogata, and Woodward) and one absent and excused (Watanabe). SPP 870 The Commission took this item up at 11:29 a.m. with 130 HOLDING LLC approximately 8 people from the public in attendance. KEAAU, PUNA APPLICANT: 130 HOLDING LLC (SPP 870 – formerly Vern Wood) Amendment to Condition Nos. 5 (construction time requirement) and 6 (requirement of County water) of Special Permit No. 870, which allowed the development of the Orchidland Trade Center on 2.3 acres of land situated within the State Land Use Agricultural District. The property is located along the north side of Orchidland Drive, approximately 1,600 feet west of the Keaau-Pahoa Subdivision, Keaau, Puna, Hawaii, TMK: 1-6-10:83. Mr. Hayashi 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. He then corrected page 5 of the staff’s background report, Item No. 20, second to the last line, by changing “40-foot wide right- of-way” to “60-foot wide right-of-way.” In response to the Commission’s inquiries, Mr. Hayashi confirmed that the subject property is a node proposed for commercial development in the Puna Community Development Plan and there are no structures on the property at this time. The petitioner’s representative, Jeffrey Melrose, said the Trade Center has been a part of the concept of creating a commercial core to serve the community in Orchidland for 15-20 years and both members of the Holding Company who are also members of the community association are working with the community association to help address and advocate safety of the intersection. He stated they have no objections to Planning Department’s recommendation as proposed. In response to Commissioner Bowman’s inquiry Director Yuen said the applicant would be responsible for the channelization, signalization and street lighting improvements to the intersection of Highway 130 and Orchidland Drive if required by the Department of Transportation. Mr. Melrose said the DOT has not required any specific transportation solution at this point, noting they are involved in a much broader corridor survey to determine how to solve the existing problems. Roger Hawney, president of the Orchidland Community Association, said although they have concerns, they support the request as the applicant has agreed to assist in their efforts to control 5 the traffic situation and abide by the Orchidland Community’s Design Plan for their building. He then requested the guidelines of their Design Plan be incorporated into the Commission’s requirements in future applications. It was then moved by Commissioner Iwashita, seconded by Commissioner Alameda, that the request be approved as recommended by the Planning Director, with conditions. A roll call vote was taken and motion carried with seven ayes (Iwashita, Alameda, Bowman, Domingo, Housel, Ogata and Woodward) and one absent and excused (Watanabe). RECESSED The Chair recessed the meeting at this time, 11:42 a.m. RECONVENED The meeting reconvened at 1:30 p.m. SPP 08-000057 The Commission took this item up at 1:30 p.m. with MARTA V. CAMPBELL approximately 16 people from the public in attendance. HAWAIIAN PARADISE PARK, PUNA APPLICANT: MARTA V. CAMPBELL (SPP 08-000057) Special Permit to allow the establishment of a tutoring center on one acre of land situated within th the State Land Use Agricultural District. The property is located along the makai side of 6 th Avenue, approximately 2,300 feet south of the Makuu Drive and 6 Avenue, Hawaiian Paradise Park Subdivision, Puna, Hawaii, TMK: 1-5-27:43. (SEE EXHIBIT B) RECESSED The Chair called a short recess at 3:25 p.m. RECONVENED The meeting reconvened at 3:31 p.m. Per the Directors’ recommendation and as there were no objections, the Commission took up the North Kohala Community Development plan at this time. NORTH KOHALA The Commission took this item up at 3:31 p.m. with COMMUNITY approximately 10 people from the public in attendance. DEVELOPMENT PLAN NORTH KOHALA COMMUNITY DEVELOPMENT PLAN Review and action on the draft North Kohala Community Development Plan (CDP) submitted by the North Kohala CDP Steering Committee and its consultant, Townscape, Inc. (SEE EXHIBIT C) SOUTH KOHALA The Commission took this item up at 4:54 p.m. with COMMUNITY approximately 10 people from the public in attendance. DEVELOPMENT PLAN 6 SOUTH KOHALA COMMUNITY DEVELOPMENT PLAN Review of the draft South Kohala Community Development Plan (CDP) submitted by the South Kohala CDP Steering Committee and its consultant, Townscape, Inc. (SEE EXHIBIT D) MINUTES The Commission took this item up at 5:07 p.m. with approximately 7 people from the public in attendance. July 10, 2008 – It was moved by Commissioner Iwashita and seconded by Commissioner Domingo that the minutes be approved as circulated. Motion was unanimously carried by a voice vote of all Commissioners in attendance. August 7, 2008 – It was moved by Commissioner Iwashita and seconded by Commissioner Domingo that the minutes be approved as circulated. Motion was unanimously carried by a voice vote of all Commissioners in attendance. ADMINISTRATIVE At 5:09 p.m. with no one from the public in attendance MATTERS Mr. Torigoe stated he had nothing new to report under administrative matters. ANNOUNCEMENTS There were no announcements made. ADJOURNMENT There being no further business, the Chair declared the meeting adjourned at 5:10 p.m. Respectfully submitted, Sharon M. Nomura, East Hawaii Secretary A T T E S T: Rell Woodward, First Vice-Chairman Planning Commission 7