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HomeMy WebLinkAbout2008-10-03 Planning Commission Minutes PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES OCTOBER 3, 2008 The Planning Commission met in regular session at 9:11 a.m. in the Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii with Chairman Rodney Watanabe presiding. PRESENT: Rodney Watanabe ABSENT & EXCUSED: Lani Bowman C. Kimo Alameda (Left at 11:32 a.m.) Takashi Domingo Frederic Housel Andrew Iwashita Shelly Ogata (From 10:00 a.m.) Rell Woodward Ivan Torigoe, Deputy Corporation Counsel Christopher Yuen, Planning Director Norman Hayashi, Staff Planner Phyllis Fujimoto, Staff Planner IdeeC`qqnv+Rs`eeOk`mmdq L`hi`Bnsskd+Rs`eeOk`mmdq The Chair introduced the Commissioners and staff to members of the public. REZ 871 The Commission took this item up at 9:15 a.m. with STANLEY Y. MAEDA five people from the pubic in attendance. WAIAKEA, SOUTH HILO APPLICANT: STANLEY Y. MAEDA (REZ 871) Extension of time limits and related conditions of Change of Zone Ordinance No. 97-122, which rezoned approximately 12,900 square feet of land from a Single-Family Residential 10,000 square feet (RS-10) to a Neighborhood Commercial 10,000 square feet (CN-10) district. The property is located on the southwest corner of Kekuanaoa Street and Kalanikoa Street approximately 480 feet west of Kanoelehua Avenue in Waiakea Houselots, Waiakea, South Hilo, Hawaii, TMK: 2-2-37:16. Mr. Darrow briefly described the request and noted the applicant has not yet complied with the notice requirements of posting a sign on the property and notifying surrounding property owners of the application. Neither the applicant nor his representative was in attendance. Mr. Torigoe noted the Commission’s rules require posting of a sign giving a description of the project within 10 days of being notified of the acceptance of the application and the Commission has a 90-day deadline to forward a recommendation to the County of Hawaii Council, which can be extended by agreement of the applicant. He then said it would seem appropriate to continue the hearing to inform the applicant of his obligation on the notice requirements and if he does not respond then the Commission can consider the application either withdrawn or that the applicant is giving up or abandoning the project. In response to Commissioner Alameda’s inquiry, Mr. Torigoe said he would do research on what happens if the applicant does not comply with the notification requirements of Rule 11-3(a)(4) regarding surrounding property owners and Rule 11-4 regarding posting of signs, in relation to Rule 11-3(b)(2). It was moved by Commissioner Iwashita and seconded by Commissioner Domingo that the matter be continued until the applicant has complied with the notification and signage requirements. A roll call vote was taken and motion carried with six ayes (Iwashita, Domingo, Alameda, Housel, Woodward, and Watanabe) and two absent and excused (Bowman and Ogata). SPP 1212 The Commission took this item up at 9:19 a.m. with WALTER TAVARES, JR. five people from the pubic in attendance. KEAAU, PUNA APPLICANT: WALTER TAVARES, JR. (SPP 1212) Extension of time limit (condition no. 2) and related conditions 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 rd District. The property is located along the makai side of Uluhe Street (aka 33 Avenue), approximately 1,620 feet northwest of Makuu Drive, Hawaiian Paradise Park Subdivision, Keaau, Puna, Hawaii, TMK: 1-5-16:148. (SEE EXHIBIT A) SPP 1184 The Commission took this item up at 9:42 a.m. with JOHN & MAUREEN GAP two people from the pubic in attendance. KEAAU, PUNA APPLICANTS: JOHN & MAUREEN GAP (SPP 1184) Extension or deletion of time limits (condition nos. 2 and 7) and related conditions of Special Permit No. 1184, which allowed the establishment of a contractor’s warehouse and baseyard on approximately 0.91 acre of land situated within the State Land Use Agricultural District. The rd property is located between Highway 130 (Keaau – Pahoa Road) and 33 Avenue, Hawaiian Paradise Park Subdivision, Keaau, Puna, Hawaii, TMK: 1-5-16:170. Mr. Darrow oriented the Commission and public of the subject and surrounding properties on the location map, site plan and aerial photos. He summarized the request, and noted the Planning Director’s favorable recommendation with conditions, with amendments to Condition 3 replacing the phrase regarding the applicant securing the required permits with “No signage shall 2 be visible from Highway 130,” and deleting from new Condition 8 the phrase regarding native species from the area shall be used when possible. In response to Commissioner Alameda’s inquiry, Mr. Darrow noted that the Department has been deleting the condition regarding native species shall be used in the landscaping because of the fact that it is difficult to achieve the required buffer Rule 17 attempts to achieve, noting it was not to say that it cannot be used. In response to Commissioner Alameda’s further inquiry, Mr. Yuen said that where the goal is to have a really thick visual screen as soon as possible, the Department did not want to have a condition requiring native species since having that screen may take 20 years to accomplish in certain environments; and he noted, however, there is a general goal to encourage people to plant native plants for landscaping purposes. Commissioner Iwashita understood Mr. Yuen’s comment but expressed his concern of an environmental discouragement if an applicant does want native plants. The applicant’s representative, Sandra Song, said the applicants, who were unable to be present, would prefer no time limits on the permit but that the conditions proposed were acceptable. She stated the reasons for the request to delete the conditions were that the applicants have invested large sums of money into the property; it is unlikely that there is going to be industrial land within a four-mile radius in the next 5-10 years; and the special permit is for special, reasonable and unusual uses in the agricultural district, noting there is nothing that would preclude the Commission from issuing a special permit with an unlimited time period and that special permits have been issued before by the Commission without a drop-dead provision or a time limit provision. The Chair noted the Commission on the previous agenda had a discussion about the deletion of time conditions, so he believed Ms. Song was quite aware of the response by the Commissioners. There was no one from the public wishing to testify on the agenda item. For the Commission’s information, Mr. Yuen clarified that the required landscaping being installed within six (6) months from the effective date of this permit is to have the foliage placed in the ground and not that it would accomplish the screening effect at that specific time. For Mr. Housel’s information, Mr. Darrow explained that the signage ban on Highway 130 is a new requirement because of recent public complaints. It was moved by Commissioner Iwashita and seconded by Commissioner Domingo that the application be approved based on the recommendation of the Planning Director with conditions, with Condition 3 amended to read, “No signage shall be visible from Highway 130” and Condition 8 amended to read, “The required landscaping shall be installed within six (6) months from the effective date of this permit.” Commissioner Alameda commented that in light of the discussion on the previous application the Commission should continue to limit special permits in this area to five years. A roll call vote was taken and motion carried with six ayes (Iwashita, Domingo, Alameda, Housel, Woodward and Watanabe) and two absent and excused (Bowman and Ogata). 3 SPP 08-000065 The Commission took this item up at 9:55 a.m. with HEIDI HANZA two people from the pubic in attendance. KEAAU, PUNA APPLICANT: HEIDI HANZA (SPP 08-000065) Special Permit to allow the establishment of a group childcare home (maximum of 12 pre-school aged children) on 1 acre of land situated within the State Land Use Agricultural District. The th property is located on the east (makai) side of 26 Avenue, between Shower Drive and Kaloli Drive, Hawaiian Paradise Park Subdivision, Keaau, Puna, Hawaii, TMK: 1-5-37:195. The Chair stated no one from the public signed up to testify on this application. 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 Panning Director recommended approval of the application with conditions. The applicant, Heidi Hanza, stated she has no objections to the Planning Director’s recommendation and conditions, noting her next step would be to obtain licensing for the facility. Upon Commissioner Alameda’s inquiry, Ms.Hanza said she thought the total allotment of the Department of Human Services childcare licensing slots is approximately 370 for the Puna area alone. She said when the Keiki College Preschool that had an enrollment of about 45 children and 3 teachers in Keaau closed and the parent expressed their concern on where to send their children, she thought of this proposal which would be a good service to the community. She noted that there are Tutu and Me programs at Pahoa but she did not know if there was a Keiki Steps program in Keaau. Commissioner Alameda said the proposal sounded like a promising program as the need for child care is great, especially with today’s economy, two parents working, and grandpa and grandma getting on in their age. Upon Commissioner Iwashita’s inquiry, Ms. Hanza said she did not understand the Hawaiian Paradise Park Association’s position since most of the children coming to the service already live in Paradise Park, and she did not think 12 more cars on their street will impact the area. She said she did not attend the Association’s meeting as she received no notice they were going to discuss her application, noting she became aware of their position only when staff presented her with their correspondence. She added she has received no negative response from any of her neighbors and friends and she felt the people in the area were actually supportive of their request. Commissioner Woodward pointed out that the Hawaiian Paradise Park Association’s rd September 23 letter said they appreciated the opportunity to assess and give feedback but they did not send anyone to today’s meeting. Ms. Hanza added that in notifying surrounding property owners the second time, at the staff’s advice, she did out of courtesy notify the Association of her request and asked that they contact her if they had any concerns, noting they made no effort to contact her. 4 It was moved by Commissioner Domingo and seconded by Commissioner Alameda that the application be approved as recommended by the Planning Director with conditions. Commissioner Iwashita said because he is such an advocate of the community development plans and the Puna CDP which is now law does incorporate the Paradise Park Master Plan, and the issue is about how specific it is and how it’s going to be implemented, he felt the Commission needed to promote developing a consensus at the community in level in approving applications, but that he agreed with the other Commissioners’ concern that there is no one here from the Association to provide testimony. Commissioner Domingo felt it was incumbent upon the Commission to consider carefully whatever decision is made and commented that if there were critical issues to be considered it would have presented itself in the recommendation; and he then spoke of the need and convenience of establishing the facility within the Park itself and reducing traffic outside the subdivision. Commissioner Woodward said the Puna Community Development Plan did not enact in total the Community Association’s Plan and the Association rd sent a September 23 correspondence requesting input but they are not present today, noting he felt the proposal is good for the community. A roll call vote was taken and motion carried with six ayes (Domingo, Alameda, Housel, Ogata, Woodward and Watanabe), one abstention (Iwashita).and one absent and excused (Bowman). SPP 08-000063 The Commission took this item up at 10:10 a.m. with RICHARD ELLIS & two people from the pubic in attendance. DONALD JACOBS KEAAU, PUNA APPLICANTS: RICHARD ELLIS & DONALD JACOBS (SPP 08-000063) Special Permit to allow the establishment of a 3-bedroom Bed and Breakfast operation on 2 acres of land situated within the State Land Use Agricultural District. The property is located along thth the southwest side of 37 Avenue, approximately 1,99 feet northwest of the 37 Avenue – Orchidland Drive intersection, Orchidland Estates Subdivision, Keaau, Puna, Hawaii, TMK: 1-6-11:153. Mr. Darrow noted the applicant’s September 10, 2008 letter withdrawing the application and the Planning Director’s letter acknowledging the withdrawal were provided to the Commission. For the Commissioners’ information, Mr. Darrow noted that reasons for the request were the state of economy and the cost of construction. The Commission acknowledged the withdrawal of the application. RECESSED The Chair called a recess at 10:12 a.m. RECONVENED The meeting reconvened at 10:30 a.m. SPP 922 The Commission took this item up at 10:30 a.m. with NEW HOPE CHRISTIAN six people from the pubic in attendance. FELLOWSHIP PUNA PAHOA, PUNA 5 APPLICANT: NEW HOPE CHRISTIAN FELLOWSHIP PUNA (SPP 922) Amendment to allow pre-school and/or day care activities, deletion of condition no. 9 (prohibition of pre-school and day care activities) and related conditions of Special Permit No. 922, which allowed the establishment of a church and related facilities on approximately 10 acres of land situated within the State Land Use Agricultural District. The property is located along the north side of Highway 132 (Pahoa – Kapoho Road), approximately 300 feet east of the Highway 132 and Highway 130 intersection, Nanawale Homesteads, Pahoa, Puna, Hawaii, TMK: 1-5-4: por. 5. Mr. Darrow oriented the Commission and public of the subject and surrounding properties on the location map and site plan, and summarized the request. He noted the Planning Director recommended approval of the application with conditions, with Condition No. 12 to state the applicant shall comply with all County, State and Federal rules, etc. and existing Condition No. 12 renumbered to Condition No. 13. The applicant’s representative, Colliene Armitage, stated she has reviewed and is comfortable with the Planning Director’s recommendations. She noted that they have complied with or are in the process of complying with all State and County requirements. In response to Commissioner Iwashita’s suggestion to extend the hours of the facility Monday through Friday and to regular preschool hours, Ms. Armitage said the hours of operation requested is from “Tutu and Me Traveling Preschool,” which is separate from the church; but should they vacate the premises and the church decide to open a preschool because of the need, they would appreciate the extension on the hours of operation. In response to Commissioner Ogata’s inquiry, Mr. Hayashi said he could not find anything in the file the reason for restricting the use of a preschool or day care activity. He noted that the Director gave a little more leeway in the hours of operation than requested by the applicant. Upon the Chair’s inquiry, Mr. Hayashi said that the notification to surrounding property owners of the application did not state the hours of operation. For Commissioner Woodward’s information, Mr. Hayashi said the Department did not receive any comments from surrounding property owners, nor from the general public. There was some discussion amongst the Commissioners to extend the hours of operation Monday through Friday for up to 4 ½ hours and Monday through Friday from 7:45 a.m. to 5:00, 5:30 and 6:00 p.m. Commissioner Ogata questioned whether the government agencies needed to be informed of the proposed extended hours of operation. Commissioner Woodward felt the Commission should just vote on what they feel is right with what is currently before the Commission; and if there is an objection, it can be made known to the Commission. Commissioner Domingo felt it was a matter of principle and if plans change and the church decides to do a preschool and day-care facility with extended hours it would fulfill the need for such facilities. 6 The Chair noted that the comments from the Departments of Public Works and Police do not address any specific timeframes, and he felt the number of students would limit the actual activities, traffic etc. Mr. Yuen said he did not think there was a problem with the neighbors, government agencies or the Planning Department if the hours were extended. Mr. Yuen said as proposed Condition 10 says, “The proposed project shall be completed in substantial compliance with the representations made before the Planning Commission. Any expansion to the proposed request or phases shall be submitted to the Planning Commission as an amendment to this Special Permit,” the Planning Department would have an overall control on the size of the project and the level of activity. A member from the public questioned if the starting hour of operation should actually be 6:45 a.m. instead of 7:45 a.m. Commissioner Iwashita agreed it should be earlier perhaps 6:30 a.m. for people who live in Puna but work in Hilo. It was moved by Commissioner Iwashita and seconded by Commissioner Woodward that the application be approved based on the Planning Director’s recommendation and conditions, with the following amended conditions and Condition 12 renumbered to Condition 13. 9. Hours of operation regarding the preschool shall be from 6:30 a.m. to 6:00 p.m. Monday through Friday. 12. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. A roll call vote was taken and motion carried with seven ayes (Iwashita, Woodward, Alameda, Domingo, Housel, Ogata and Watanabe) and one absent and excused (Bowman). USE 120 The Commission took this item up at 11:02 a.m. with PUNA six people from the pubic in attendance. CONGREGATIONAL CHRISTIAN CHURCH KEAAU, PUNA APPLICANT: PUNA CONGREGATIONAL CHRISTIAN CHURCH (USE 120) Amendment to Use Permit No. 120, which allowed the development of a church and related uses on 4.9 acres of land within the Single-Family Residential 10,000 square feet (RS-10) district. The request is to delete certain uses and activities previously granted. Also requested are amendments to condition nos. 4 (time extension – construction time requirement), 5 (revision to original plans), 6 (deletion of second driveway access) and 12 (allow additional administrative time extensions). The property is located along the southeast side of the Old Volcano Road, in close proximity to the Keaau Town Center, Keaau, Puna, Hawaii, TMK: 1-6-3:95. (SEE EXHIBIT B) (REZ 08-000081) The Commission took this item up at 11:23 a.m. with SONOMURA three people from the pubic in attendance. RENTALS, INC. WAIAKEA, SOUTH HILO 7 APPLICANT: SONOMURA RENTALS, INC. (REZ 08-000081) a. State Land Use Boundary Amendment from Agricultural to Urban for 6.3 acres of land. b. Change of zone from Agricultural 3-acre (A-3a) to Residential and Agricultural .5 acre (RA-.5a) for 6.3 acres of land. The property is located along the west side of Awa Street approximately 1,300 feet north of the Awa Street – Makalika Street intersection, Panaewa Farm Lots, Waiakea, South Hilo, Hawaii, TMK: 2-2-48:10 and 120. (SEE EXHIBIT C) RECESSED The Chair called a recess at 11:32 a.m. RECONVENED The meeting reconvened at 1:32 p.m. SPP O8-000066 The Commission took this item up at 1:32 p.m. with ROBERT HAMILTON approximately 14 people from the pubic in attendance. KEAAU, PUNA APPLICANT: ROBERT HAMILTON (SPP O8-000066) Special Permit to allow the establishment of a water and beverage bottling plant and related improvements on approximately 14 acres of land situated within the State Land Use Agricultural District. The property is located across from the Keaau HELCO substation (formerly Puna Sugar Company Mill) and east of the Keaau Bypass Road (Highway 130), Keaau, Puna, Hawaii, TMK: 1-6-3: portion of 104. 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 request with conditions. The applicant, Robert Hamilton, and his representative, Sidney Fuke, were in attendance. Mr. Fuke stated the Staff’s background report and recommendation were acceptable to the applicant and noted his submittal of an article in the Honolulu Advertiser regarding an increase in demand for bottled water. He briefly explained the applicant’s joint venture request to not only produce bottled water but beverages capsulizing the fruit grown on the premises by having fruit beverages and alcoholic beverages that are fruit based (displaying samples of alcoholic beverages being marketed in Korea). Chairman Watanabe commented simply growing and retailing fruit products itself might not be economically feasible, but one can have something potentially economically viable and help agriculture survive if value is added to it. For Commissioner Housel’s information, Mr. Fuke said as the fruits grown on the property will not be sufficient to meet their future demands, they would have to work with area farmers or people that want to engage in farming. 8 Mr. Fuke agreed with the Chair that through indirect use the applicant would be able to assist with the agricultural industry in the area and informed Commissioner Ogata that the existing building will be utilized for their operation. 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 the application be approved as recommended by the Planning Director, with conditions. Commissioner Domingo said he was encouraged by the fact that a lot of people are reverting to agricultural endeavors and coming up with innovative ways to sustain its use. A roll call vote was taken and motion carried with six ayes (Domingo, Ogata, Housel, Iwashita, Woodard, and Watanabe).and two absent and excused (Bowman and Alameda). REZ 08-000082 The Commission took this item up at 1:45 p.m. with HONPA HONGWANJI nine people from the pubic in attendance. HILO BETSUIN WAIAKEA, SOUTH HILO APPLICANT: HONPA HONGWANJI HILO BETSUIN (REZ 08-000082) Change of zone from Single-Family Residential 10,000 square feet (RS-10) to Multiple-Family Residential 1,500 square feet (RM-1.5) district for 4 acres of land. The property is located along the south side of Kawili Street, adjacent to and east of the Waiakea High School complex, Waiakea, South Hilo, Hawaii, TMK: 2-4-1:116. (SEE EXHIBIT D) AMEND CHAPTER 5 The Commission took this item up at 2:19 p.m. with COUNTY COUNCIL two people from the pubic in attendance. CONCURRENCY CONDITIONS FOR PARKS AND RECREATION, WASTEWATER TREATMENT, POLICE AND FIRERIGHT FACILITIES INITIATOR: COUNTY COUNCIL Amendment to Chapter 25 (Zoning Code), Article 2, Division 4, Section 25-2-46 (Hawaii County Code 1983 (2005 edition, as amended) relating to concurrency conditions for parks and recreational facilities, wastewater treatment facilities, and police and firefighting facilities. (SEE EXHIBIT E) MINUTES The Commission took this item up at 2:42 p.m. September 4, 2008 – It was moved by Commissioner Woodward and seconded by Commissioner Domingo that the minutes be approved. Motion was unanimously carried by a voice vote of all Commissioners in attendance. 9 ADMINISTRATIVE The Commission took this item up at 2:43 p.m. MATTERS Status of appeals filed on Planning Commission decisions - Corporation Counsel – Mr. Torigoe stated he had nothing new to report. ADJOURNMENT There being no further business, the Chairman declared the meeting adjourned at 2:44 p.m. Respectfully submitted, Sharon M. Nomura, East Hawai`i Secretary ATTEST: Rodney Watanabe, Chairman Planning Commission 10