HomeMy WebLinkAbout2007-07-06 Planning Commission Minutes
PLANNING COMMISSION
COUNTY OF HAWAII
MINUTES
JULY 6, 2007
The Planning Commission met in regular session at 9:03 a.m. in the County of Hawaii,
Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii, with Second Vice-
Chairman Rodney Watanabe presiding.
PRESENT:Rodney WatanabeABSENT & EXCUSED: William Graham
Takashi DomingoC. Kimo Alameda
Alvin RhoAndrew Iwashita
Shelly Ogata
Rene Siracusa
Rell Woodward
Ivan Torigoe, Deputy Corporation Counsel
Christopher Yuen, Planning Director
PhyllisFujimoto,StaffPlanner
Jeff Darrow, Staff Planner
And 7 people from the public in attendance.
The Chair introduced the Commissioners and staff to members of the public.
All those testifying were duly sworn in.
REZ 07-000065The Commission took this item up at 9:05 a.m. with
CYNTHIA KUULEI 7 people from the public in attendance.
THOMAS
WAIAKEA,
SOUTH HILO
APPLICANT: CYNTHIA KUULEI THOMAS (REZ 07-000065)
Action on the Change of Zone application from Single-Family Residential 10,000
square feet (RS-10) to Industrial-Commercial Mixed 20,000 square feet (MCX-20)
district for 22,500 square feet of land. The property is located on the northwest side of
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the Lanikaula Street Hinano Street intersection, Waiakea Houselots 1 Series, Waiakea,
SouthHilo,Hawaii,TMK:2-2-36:90.
Mr.DarroworientedtheCommissionandpublicofthesubjectandsurrounding
properties on the location map and site plan, summarized the request, and noted the
PlanningDirectorrecommendedapprovaloftheapplicationwithconditions,alongwith
amended by Condition B. He added that the location map has been updated to include
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the recent rezonings and that the applicant has submitted letters of support from
surrounding property owners as well as questionnaires/surveys that were sent out. He
noted an email has been received from Jeri Rose and Michael Ravenswing.
The applicant, Cynthia Kuulei Thomas, said she is looking to relocate her self-storage
business established 15 years ago in Hilo, noting she does not have plans to put a dog
kennel, mortuary or strip mall on the property. She felt the sidewalk infrastructure
which is about 30 percent of her construction cost will be a direct benefit to the County
and public. She pointed out that in todays Tribune Herald for the Hilo area, there were
34 houses available for rent and only one businesses for sale. She added she felt this area
is in transition from residential to business-type uses.
Michael Thomas noted various letters of support submitted into the record and pointed
out the locations of parcels zoned for residential use but used commercially and parcels
thattheownerswouldliketoestablishacommercialuseinthefuture.
Therewasnoonefromthepublicwishingtotestifyonthisagendaitem.
ItwasmovedbyCommissionerDomingoandsecondedbyCommissionerWoodwardto
forward a favorable recommendation to the County Council as recommended by the
Planning Director with amended Condition B to read, Prior to the issuance of a water
commitment by the Department of Water Supply, the applicant shall submit the
anticipated maximum daily water usage calculations as recommended by a registered
engineer, and a water commitment deposit in accordance with the Water Commitment
Guidelines Policy to the Department of Water Supply within one hundred and eighty
days from the effective date of this ordinance. Commissioner Woodward supported the
application as this is an area in transition, there was no opposition to the request, and felt
the proposed use fits into the community. Commissioner Siracusa said she opposed the
application as it will open a floodgate for other landowners in the area to request similar
rezonings and she felt this area should remain in residential use. Commissioner Domingo
spoke in support of the application as he felt the area is in transition and it was an ideal
place to have such businesses, adding there were elderly people whose children have
moved away who were hoping the transition takes place so they can sell their land at a
higher value. Commissioner Domingo pointed out that there were other established
commercial uses in the area and there were no objections to the proposed rezoning.
Commissioner Domingo added that although the 1975 Hilo Development Plan
encouraged continued residential use, there were two General Plan reviews done
subsequently that encouraged the area be for light industrial and commercial uses, noting
10 years ago light industrial and commercial uses were permitted among the residential
uses. Commissioner Watanabe said he also sees this area as an area of transition and
noted the current location of her business in Keaukaha is in a tsunami inundation area.
Michael Ravenswing who has rental properties across the street expressed his concern the
rezoning will further change the character of the neighborhood and will continue to tip
the scale to the point where there will not be any more residential uses in the area. A roll
call vote was taken and motion carried with five ayes (Domingo, Woodward, Ogata, Rho,
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Alameda), one no (Siracusa) and three absent and excused (Graham, Watanabe and
Iwashita).
REZ 06-000038The Commission took this item up at 9:28 a.m. with
GUY NAKAO 9 people from the public in attendance.
PONAHAWAI,
SOUTH HILO
APPLICANT: GUY NAKAO (REZ 06-000038)
Continued hearing on the Change of Zone application from an Agricultural1-acre (A-1a)
to a Neighborhood Commercial 20,000 square feet (CN-20) district for approximately
1.02 acres of land. Theproperty is located on the south side of Ponahawai Street
approximately 1,000 feet east of the Komohana Street - Ponahawai Street intersection,
Ponahawai, South Hilo, Hawaii, Tax Map Key: 2-3-37: 9.
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 Siracusas inquiry, Mr. Yuen said because of an agreement
between the applicant and Malulani, which has not been executed as yet, and also
because of the original subdivision approval, the Planning Department is recommending
a condition that requires Malulani to grant an access easement to the Nakao property,
clarifying that Mr. Nakao would not be able to develop the property if this easement is
notobtained.
Theapplicantsrepresentatives,SidFuke,SandyNakaoandStanRhoerig,werein
attendance.
Mr. Fuke said the staffs report is comprehensive and addressed all of the issues. He
circulated and explained a copy of the file plan or subdivision approval plan that created
the subject parcel and required the access easement to the subdivided parcels, noting
what complicated the matter is that during recordation process this easement was never
made part and parcel of Lots 1 and 2 by the developer. He added that the applicant is
currently working with the owner of the easement, who also owns the property that is the
subject of the next application, to resolve the easement question.
Mr. Fuke at this time requested Condition C be amended to read a general condition that
the applicant would have to comply with the requirements of the DWS prior to the
issuance of occupancy permit, rather than specifically mandating certain requirements
since what may be pertinent today may not be tomorrow or when the project comes on
line. He noted the various other rezonings in the area such as the Matsuno Enterprises,
Matsuura Nursery, etc. which had a general condition imposed.
Mr. Fuke then requested proposed Condition G be amended to include the words as may
be required by the Traffic Division, to make it clear that they would not be required to
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install a street light fronting the property as there is one already there. In response,
Mr. Yuen said he thought it was understood another street light would not be required but
he would not have a problem with the applicants preferred wording.
At the request of the Director, Mr. Darrow and Mr. Fuke explained the wordings used on
previous rezonings regarding meeting the Department of Water Supply requirements.
Mr. Yuen then requested a recess to craft a proposed amendment to proposed
Condition C.
RECESSEDThe Chair called a short recess at 9:55 a.m.
RECONVENEDThe meeting reconvened at 10:00 a.m.
At this time, Mr. Darrow proposed wording changes to Conditions C and G.
There was no one from the public wishing to testify on this agenda item.
It was moved by Commissioner Domingo and seconded by Commissioner Siracusa to
send a favorable recommendation to the Hawaii County Council as recommended by the
Planning Director, with the following amended conditions:
C.The applicant shall construct water system improvements meeting with the
requirements of the Department of Water Supply, prior to the issuance of a
Certificate of Occupancy.
G.Install street lights and traffic control devices as may be required by the Traffic
Division, Department of Public Works prior to the issuance of a Certificate of
Occupancy.
A roll call vote was taken and motion carried with six ayes (Domingo, Siracusa, Ogata,
Rho, Woodward and Watanabe) and three absent and excused (Graham, Alameda and
Iwashita).
REZ 06-000047The Commission took this item up at 10:05 a.m. with
MALULANI,INC.approximately26peoplefromthepublicinattendance.
PONAHAWAI,
SOUTH HILO
APPLICANT: MALULANI, INC. (REZ 06-000047)
ContinuedhearingontheChangeofZoneapplicationfromAgricultural1-acre(A-1a)to
Multiple-Family Residential 1,500 square feet (RM-1.5) for 1.278 acres of land. The
propertyislocatedonthesouthsideofPonahawaiStreetapproximately600feeteastof
the Komohana Street Ponahawai Street intersection, Ponahawai, South Hilo, Hawaii,
TMK:2-3-37:15.
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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 a favorable consideration with conditions. He noted that
the Commission may wish to impose a similar street light and traffic control device
condition as in the previous rezoning.
In response to Commissioner Siracusas inquiry on how many of the 24 units would be
affordable, Mr. Yuen said the property will be subject to the current Chapter 11, Hawaii
County Affordable Housing Policy, which is proposed Condition N. He said generally
speaking there is a 20 percent requirement at the 120 percent of median income, which
is a $250,000 unit, or one full credit for that unit; and for the proposed project the
applicant would have to earn 5 affordable housing credits. He added if, for example, a
lower priced unit is provided to a family at 80 percent of the median income, two credits
are earned; and if it provided 140 percent of the median income, half a credit is earned.
Heclarifiedthattheapplicantalsohastheoff-siteoptionofobtainingcreditswithina15-
mile radius of the property.
Commissioner Domingo queried about the wastewater disposal system, noting the
Department of Healths comment that the project is not developable as proposed.
Mr. Darrow said his understanding is the applicant is proposing to put in septic systems.
The Chair noted that the number of units will have to be reduced in light of the flood area
and that the applicant has the option of applying for a variance.
Mr. Yuen said it may be true that the number of units is going to be limited by the
wastewater disposal and then recommended Condition H be amended to read, The
applicant shall install a wastewater disposal system meeting with the requirements of the
Department of Health, noting he did not want to exclude the option of the applicant
hooking up to the County sewer line should it be extended to this area. Commissioner
Domingo felt it would be wise for the County to seriously consider extending the line in
this area due to the rapid growth.
The applicants representative, Brian Nishimura, gave some background information that
the November 2006 hearing was continued due to the illness of the president who
subsequently passed away. He stated that the family would now like to develop the
property as proposed, adding that the family is in the process of executing the document
requiring an access easement required by Condition I.
After listening to the earlier discussions, Mr. Nishimura said that under present
conditions it appears the number of units to be developed on the property would probably
be drastically reduced to a maximum of 10 to meet the Department of Health
requirements. He said, however, he is aware that the Department of Health has favorably
considered wastewater variances primarily for affordable housing projects, so that is a
potential possibility that could be explored.
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Mr. Nishimura then stated that the applicant agrees with the proposed conditions, as
amended regarding Condition G inserting as may be required and Condition H
changing the word septic system to wastewater system.
There was no one from the public wishing to testify on the application.
It was moved by Commissioner Domingo and seconded by Commissioner Rho to send a
favorable recommendation to the Hawaii County Council as recommended by the
Planning Director with the following amended conditions: Condition G, Install street
lights and traffic control devices as may be required by the Traffic Division, Department
of Public Works prior to the certificate of occupancy. Condition H, The applicant shall
install a wastewater disposal system meeting with the requirements of the Department of
Health. After the Vice-Chairs comment that the Department of Health has, in the past,
provided variances for affording housing projects, and, also, that no certificate of
occupancywillbeissueduntiltherequirementsaremet,CommissionerSiracusastated
she did not want to limit the number of units to 10. A roll call vote was taken and motion
carried with six ayes (Domingo, Rho, Ogata, Woodward, Siracusa, and Watanabe) and
three absent and excused three absent and excused (Alameda, Graham, and Iwashita).
RECESSEDThe Chair called a short recess at 10:28 a.m.
RECONVENEDThe meeting reconvened at 10:33 a.m.
SPP 07-000042The Commission took this item up at 10:33 a.m. with
ROBERT approximately 43 people from the public in attendance.
EARL LEETCH
KEONEPOKO,
PUNA
APPLICANT: ROBERT EARL LEETCH (SPP 07-000042)
Special Permit to allow the establishment of a self-storage facility on3.34 acres of land
situated in the State Land Use Agricultural District. The property is located along the
east side of the Pahoa Village Road, adjacent to and south of the Assembly of God
Church, approximately 670 feet north of the Pahoa Village Road and Apaa Street
intersection, Keonepoko Homesteads, Puna, Hawaii, TMK: 1-5-7:71.
Mr.DarroworientedtheCommissionandpublicofthesubjectandsurrounding
properties on the location map and site plan, summarized the request, and noted
correspondencereceivedintotherecordfromtheDepartmentofWaterSupplyandthe
State Land Use Commission. He said the Planning Director has recommended approval
oftheapplicationwithconditions,withanewCondition2inlightoftheDepartmentof
Water Supplys comments, and renumbering of the remaining conditions.
For Commissioner Domingos information, Mr. Darrow noted the only facility he was
awareoftobebuiltbytheCountywastheFireDepartmentfacilityontheKeaau-Pahoa
Road, not adjacent to the proposed site.
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The applicant, Robert Earl Leetch, stated he wants to be a good neighbor. He noted that
the property will be well landscaped and they will provide a clean well-run secure facility
for the residents of the area.
Robert Tucker, representing the Board of Directors of the Main Street Pahoa Association,
stated that they have voted unanimously in support of the application. He said they are
pleased with the location, especially since it will also be an owner-occupied residence,
and think the facility will be of service to the community, noting it fits their goal of a
village center development. Commissioner Woodward thanked Mr. Tucker for his
helpful testimony. For Commissioner Siracusas information, Mr. Tucker said the CDP,
which has been in progress for 6 months now, calls for preserving the rural character of
the district, maintaining highway corridors as rural highway corridors and not becoming
strip malls, adding that they would not like to see haphazard developments.
SMA 07-000018The Commission took this item up at 10:50 a.m. with
PACIFICISLANDapproximately43peoplefromthepublicinattendance.
INVESTMENTS, LLC
KEAUKAHA,
SOUTH HILO
APPLICANT: PACIFIC ISLAND INVESTMENTS, LLC (SMA 07-000018)
Special Management Area Use Permit to allow the development of a 12-unit
condominium complex and related improvements on approximately 1.44 acres of land.
The property is located between Kalanianaole Street and Apapane Street in the vicinity of
Puhi Bay, Keaukaha, South Hilo, Hawaii, TMK: 2-1-14:4 and 5.
(SEE EXHIBIT A)
RECESSEDThe Chair called a recess at 12:38 p.m.
RECONVENEDThe meeting reconvened at 2:00 p.m.
AMENDMENT TOThe Commission took up the following simultaneously
CHAPTER 25with approximately 40 people from the public in
PLANNING DIRECTOR attendance.
AND COUNTY COUNCIL
SUPERSTORE
INITIATOR: PLANNING DIRECTOR
AmendmenttoChapter25(ZoningCode),HawaiiCountyCode1983(2005Edition),as
amended, to create a superstore zoning district, which would be the only zoning district
whereasuperstorewouldbeallowed.
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INITIATOR: COUNTY COUNCIL
Amendment to Chapter 25 (Zoning Code), Hawaii County Code 1983 (2005 Edition), as
amended, relating to Retail Establishments. The proposed amendment would not permit
superstores in any zoning district. Superstore means a business exceeding 90,000
gross square feet, offering for sale more than 25,000 different stock keeping units, and
dedicating more than 20,000 gross square feet of floor area to the sale of groceries.
(SEE EXHIBIT B)
MINUTESThe Commission took up the following minutes at this
time, 4:08 p.m.
April 5, 2007 - It was moved by Commissioner Siracusa and seconded by Commissioner
Woodward that the minutes be approved as circulated. Motion was unanimously carried
by a voice vote of all Commissioners in attendance.
June 5, 2007 - It was moved by Commissioner Siracusa and seconded by Commissioner
Domingo that the minutes be approved with the corrections to Exhibit B change Bernie
toBirnie and page 2 change payed to paved.
ADMINISTRATIVE The Commission took up the following under
MATTERSadministrative matters.
Status of appeals filed on Planning Commission decisions - Corporation Counsel
Mr. Torigoe had nothing new to report.
ANNOUNCEMENTSStaff announced the next meeting is scheduled for July 20,
2007 in Waikoloa.
ADJOURNMENTThere being no further business, the Chair declared the
meeting adjourned at 4:10 p.m.
Respectfully submitted,
Sharon M. Nomura, East Hawaii Secretary
A T T E S T:
nd
RodneyWatanabe,2Vice-Chairman
Planning Commission
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