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HomeMy WebLinkAbout2008-05-08 Planning Commission Minutes PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES MAY 8, 2008 The Planning Commission met in regular session at 10:12 a.m. in the County of Hawaii, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii, with Chairman Rodney Watanabe presiding. PRESENT: Rodney Watanabe ABSENT & EXCUSED: C. Kimo Alameda Lani Bowman Takashi Domingo Shelly Ogata Andrew Iwashita Rene’ Siracusa Alvin Rho Rell Woodward Ivan Torigoe, Deputy Corporation Counsel Christopher Yuen, Planning Director Norman Hayashi, Staff Planner Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner The Chair introduced the Commissioners and staff to members of the public. SPP 08-000049The Commission took this item up at 10:15 a.m. with three HAWAIIAN VANILLApeople from the public in attendance. . COMPANY, INC PAAUILO, HAMAKUA APPLICANT: HAWAIIAN VANILLA COMPANY, INC. (SPP 08-000049) Special Permit to allow a facility to market agricultural products, host educational tours, conduct culinary presentations, and operate a certified kitchen on 29,925 square feet of land situated in the State Land Use Agricultural District. The property is located along the south side of Paauilo Mauka Road, directly across from the Paauilo Mauka Road and Kaapahu Road junction, Paauilo nd (2 Series) Homesteads, Hamakua, Hawaii, TMK: 4-3-13:27. Mr. Darrow 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. In response to Commissioner Bowman’s inquiry, Mr. Yuen agreed it might be a good idea for the applicant to install signs restricting parking on the Paauilo Mauka Road or signs urging guests to park only on the applicant’s property, noting Condition 8 does state “All parking shall be on-site and parking is prohibited off-site along Paauilo Mauka Road, including loading and unloading of passengers and/or supplies.” He said if a guest parks along Paauilo Mauka Road it might not be a violation for the guest but it is for the applicant. In referring to the Department of Water Supply’s 3/12/08 letter, Commissioner Siracusa questioned whether a condition should be imposed requiring the applicant to work with a professional engineer to reduce the amount of potable water usage. Mr. Hayashi suggested the condition not limit the water usage to 600 gallons per day as there may be some flexibility given by the Department of Water Supply. Mr. Watanabe then suggested a condition that the applicant reduce the water consumption to an acceptable level as indicated by the Department of Water Supply The applicant, James Reddekopp, gave some background information. He stated he would like some flexibility in limiting the amount of water consumption, noting he is currently looking at washing the lettuce on their farm located on another property to address this matter. For Commissioner Bowman’s information, Mr. Reddekopp said he has clientele from both on- island and off-island, and their educational tours are not only about the vanilla farm but also surrounding farms and the renaissance of ag in Hamakua. He pointed out that they grow their own organic produce in Hamakua, but they work with the goat cheese people in Ahualoa, mushroom people in Laupahoehoe, beef producers in Paauilo makai, etc. Mr. Yuen at this time suggested Condition 3 be amended to allow the applicants more flexibility on their culinary presentations as the way it is worded right now everything has to be grown or processed on the island, noting even sugar would be difficult to obtain.Commissioner Siracusa then suggested inserting the word “primarily” to address this situation. Commissioner Bowman then suggested the applicant be allowed more flexibility on the days of operation by just stating the days of operation shall be five days a week instead of Monday through Friday. Mr. Reddekopp explained that the reason they requested Monday through Friday was not because there were any neighborhood concerns but because they were exhausted by the end of the week, noting, however, that it would be great if he did have more flexibility. Commissioner Woodward then suggested the condition just state the hours of operation shall be limited from 10 a.m. to 5 p.m. without a limit on the days. Mr. Reddekopp then requested there not be a time limit imposed on the hours of operation as there are times when they would like to do dinners for the community, noting he has a good relationship with neighbors and he would in no way want to infringe on anybody’s privacy.The Chair and Commissioner Woodward noted the community dinners and extra curricular activities would be allowed. Mr. Darrow and Mr. Yuen then suggested a sentence to address this concern. There was some discussion on the daily water usage calculations and the required water commitment. Mr. Woodward suggested a proposed condition. Mr. Reddekopp said he was in agreement with the conditions as revised. Frank De Luz, III spoke in support of the application, noting he ran the slaughter house in Paauilo for 50 years and never had a problem with the Department of Water Supply. 2 It was moved by Commissioner Siracusa and seconded by Commissioner Bowman that the application be approved based on the Planning Director’s recommendation and proposed conditions, with the following amended conditions, and all other conditions renumbered accordingly: “2. The applicant shall limit water consumption to levels allowed by the Department of Water Supply.” “4. The retail concession shall be primarily limited to food products processed on- island and agricultural products grown on-island only, except for retail items directly related to Hawaiian Vanilla Company, such as cups or shirts with the company’s logo. Culinary presentations shall feature and primarily consist of ag products grown on island. Sales activities must include agricultural products grown on the owner’s property(s), when in season. The tours, retail concession, culinary presentations and certified kitchen shall operate within the existing processing facility.” “5. The hours of operation shall be limited to 10:00 a.m. to 5:00 p.m. The use of the facility for non-commercial community events shall not be subject to these limitations. The tours shall be limited to three days a week. The agricultural tours shall not be allowed on other properties.” A roll call vote was taken and motion carried with five ayes (Siracusa, Bowman, Ogata, Woodward, and Watanabe) and four absent and excused (Alameda, Domingo, Iwashita and Rho). SPP 740The Commission took this item up at 11:01 a.m. with no one from H.O.V.E. ROADthe public in attendance. MAINTENANCE CORPORATION KAHUKU, KAU APPLICANT: H.O.V.E. ROAD MAINTENANCE CORPORATION (SPP 740) Amendment to Special Permit No. 740 by increasing the area for the road maintenance facility and baseyard from 4 acres to approximately 10 acres, and adding an office building, storage building and related uses. The property is located on the northwest side of Aloha Boulevard between Lotus Blossom Lane and Lehua Lane in Hawaiian Ocean View Estates, Kahuku, Kau, Hawaii, TMK: 9-2-20:41-46 and 69. Commissioner Woodward stated the president of the association, Loren Heck, has requested the hearing be continued inasmuch as there is not a quorum for today’s meeting. He noted that there are only five Commissioners in attendance today and he would have to recuse himself as he serves as the treasurer and is a member of the Board of this nonprofit corporation. Mr. Darrow said petitions for standing in a contested case were received from Margaret M. Conti in support of the application and from Anita Gomez-Bennett and Charlett Young-Kaaihue opposing the application. He noted, however, that when the staff contacted them they all 3 indicated it was not their intention to file the petition for standing but just to submit their comments. In light of Mr. Torigoe’s reference to Planning Commission Rule 4, Mr. Watanabe as the presiding officer continued this matter to the May 22, 2008 Planning Commission meeting, noting the applicant’s desire to expedite the hearing. RECESSED The Chair called a short recess at 11:06 a.m. RECONVENED The meeting reconvened at 11:21 a.m. SPP 08-000050The Commission took this item up at 11:21 a.m. with 4 people CROWN CASTLE USAfrom the public in attendance. KUKAIAU, HAMAKUA APPLICANT: CROWN CASTLE USA (SPP 08-000050) Special Permit to allow the retention of an existing telecommunication tower, antenna and accessory buildings and uses on approximately 1,600 square feet of land situated within the State Land Use Agricultural District. The property is located at the Iolehaehae Crater, Kukaiau Ranch, Kukaiau, Hamakua, Hawaii, TMK: 4-2-8: portion of 21. Mr. Darrow 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. In response to Commissioner Siracusa’s inquiry, Director Yuen noted proposed Condition 4 incorporates the Department of Interior’s recommendation to apply for a Section 10 permit to address the concern of endangered species in the area. Mr. Darrow noted that no lights are proposed on the tower. The applicant’s representative, Charles Fortner, stated he did receive the Planning Department’s background report and recommendation. He requested deletion of proposed Condition 4 as it is possible that the Department of Interior may require a bird study be done both in the spring and the fall which costs approximately $40,000 each, noting however if the study is required they will comply. Chairman Watanabe said he did not see any reason to remove the condition, noting hopefully the Department of Interior will provide him with some flexibility. For Ms. Bowman’s information, Mr. Fortner said the Division of Fish and Wildlife has said that they would allow a shared report with the other cell companies in the area, although the other companies would have to agree to share in the cost. Mr. Fortner added that so far the other companies have not been required to do the studies, noting the Department of Fish and Wildlife has not replied to requests for letters of no concern by the cell tower companies. Mr. Yuen said the background report says there was a botanical survey report prepared by Phillip Conley who reported no sightings of threatened or endangered species of plants or animals in and around the site. Mr. Fortner said this study was done back in 2000 for the US Cellular site 4 which is now AT&T and he was not purviewed to that report, only what was written in US Cellular’s write-up for their special permit. Commissioner Siracusa pointed out that on Item 25 of the Planning Department’s background under Flora and Fauna Resources several names of the plants were misspelled and if that is part of the report Mr. Conley submitted she wondered how accurate he is on other matters. There was no one from the public wishing to testify on the application. It was moved by Commissioner Bowman and seconded by Commissioner Siracusa that the application be approved based on the Planning Director’s recommendations and proposed conditions. A roll call vote was taken and motion carried with five ayes (Bowman, Siracusa, Ogata, Woodward and Watanabe) and four absent and excused (Alameda, Domingo, Iwashita and Rho). SMAA 06-000201The Commission took this item up at 11:38 a.m. with 4 people JOHN T. AND MARY K. from the public in attendance. SULLIVAN KAPOHO, PUNA APPLICANT: JOHN T. AND MARY K. SULLIVAN (SMAA 06-000201) Review of the Planning Director’s decision in determining that the Special Management Area Assessment Application to allow the construction of a single-family dwelling and related improvements was deemed incomplete. The property is located along the northeast (mauka) side of Wai Opae Road within the Kapoho Vacationland Subdivision, Kapoho, Puna, Hawaii, TMK: 1-4-68:36. (SEE EXHIBIT A) MINUTES The Commission took up the following minutes at 12:41 p.m. April 4, 2008 – It was moved by Ms. Siracusa and seconded by Mr. Woodward that the minutes be approved with typographical corrections. Motion was unanimously carried by a voice vote of all Commissioners in attendance. ADMINISTRATIVE At this time Mr. Torigoe gave a report on the following: MATTERS Daniel Ibbetson (SPP 05-000015) – Mr. Torigoe reported that the appeal on this matter has been withdrawn. He said there may or may not be other proceedings, depending on the Third Circuit’s decision on the declaratory ruling law suit that was filed. Kohala LLC (REZ 866) - Ms. Siracusa noted that Angel Pilago informed her that the County Council did not approve the requested rezoning. 5 ADJOURNMENT There being no further business the Chair declared the meeting adjourned at 12:41 p.m. Respectfully submitted, Sharon M. Nomura, East Hawai‘i Secretary A T T E S T: Rodney Watanabe, Chairman Planning Commission 6