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HomeMy WebLinkAbout2006-12-01 Planning Commission Minutes PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES DECEMBER 1, 2006 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 C. Kimo Alameda presiding. Kimo AlamedaWilliam R. Graham PRESENT: C. ABSENT & EXCUSED: Fred Galdones Andrew Iwashita (from 9:10 a.m. to 11:45 a.m.) Jeffrey McCall Alvin Rho Allen Salavea QdmdlRhq`btr` Rodney Watanabe Ivan Torigoe, Deputy Corporation Counsel Christopher J. Yuen, Planning Director Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner REZ 06-000045 The Commission took this item up at 9:05 a.m. with GLENN T. NAKAMURA approximately 17 people from the public in attendance. WAIAKEA, SOUTH HILO APPLICANT: GLENN T. NAKAMURA (REZ 06-000045) Continued hearing on the following applications: a. State Land Use Boundary Amendment from Agricultural to Urban for 2.649 acres of land. b. Change of Zone from Agricultural 3-acre (A-3a) to Residential and Agricultural .5-acre (RA-.5a) for 2.649 acres of land. The property is located on the west side of Awa Street, approximately 400 feet north of the nd Mamaki Street-Awa Street intersection, Panaewa House Lots 2 Series, Waiakea, South Hilo, Hawaii, TMK: 2-2-56:23. (SEE EXHIBIT A) 1 GENERAL PLAN The Commission took this item up at 9:40 a.m. with AMENDMENT approximately 17 people from the public in attendance. COUNTY COUNCIL PROCEDURES INITIATOR: COUNTY COUNCIL Review and comment on a draft ordinance regarding the General Plan amendment procedure. Mr. Yuen gave some background information. He said because of the Commission’s concerns expressed at the last meeting regarding procedures and the Council Chairman’s suggestion, he has introduced as an interim GP amendment that requires a workshop which will be held next week. He then requested this matter be continued, noting this ordinance along with the General Plan Amendment will probably be placed on the Commission’s January agenda for its consideration. There was no one from the public wishing to testify on the application. The Commission then continued this item to a future meeting. USE 06-000005 The Commission took this item up at 9:44 a.m. with DAN AND approximately 18 people from the public in attendance. SHANNON FISHER KEAAU, PUNA APPLICANTS: DAN AND SHANNON FISHER (USE 06-000005) Use Permit to allow the establishment of a 5-bedroom bed and breakfast operation within an existing single-family dwelling and proposed second single-family dwelling situated on 48,743 square feet of land within the Single-Family Residential – 20,000 square feet (RS-20) district. The property is located along the west side of Lanihuli Road, approximately 400 feet southeast of the Lanihuli Road – Mamalahoa Highway intersection, Mauna Loa Estates Subdivision within the Volcano area, Keaau, Puna, Hawaii, TMK: 1-1-6:70. 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 various correspondence received into the record. He stated the Planning Director is recommending approval of the application with conditions. In response to Commissioner Siracusa’s inquiry, Mr. Darrow explained that the Kazamura Cave system in the area does not go any further onto the subject property and that the existing cesspool has not infiltrated the cave system, noting that the applicants have been informed by the Department of Health that they will have to install a septic system in the future. For Commissioner McCall’s information, Director Yuen noted that a landowner owns the land underneath, therefore probably hundreds of people own sections of the Kazamura Cave as it continues for several miles. He said the State reserves mineral rights to properties but it does not 2 apply to caves, and that the Legislature a few years ago passed a law that said one cannot enter a cave without the permission of the owner. In response to Commissioner Savalea’s inquiry, Mr. Darrow said because of the neighbors’ concerns the applicants have agreed to have their guests use only Lanihuli Street; however, the applicants themselves wish to have the option to use Second Road. In response to Commissioner Siracusa’s inquiry regarding the comment by Kurt Kendra and Augie & Evie Apicerno to seal or block off Second Street, Mr. Yuen said generally the Commission can impose reasonable conditions on B&B permits or other use permits to protect neighbors from harm or adverse effects from a B&B operation; however, if it is unrelated to the B&B, he would recommend the Commission not impose conditions to resolve neighbor disputes. The applicants, Dan and Shannon Fisher, were in attendance. Dan Fisher clarified that he did not agree to seal or block off Second Street but he did tell the neighbors that the entrance and exit for their customers would be through Lanihuli Road and Second Road would be used for family members only as an option. Shannon Fisher said she explained early on to a Mauna Loa Estate Road Maintenance member of the importance to use Second Street to build their home because of the Kazamura Cave and she did state she did not have a problem putting a gate there to limit access to other people driving in and out, but that it was necessary for their personal use. She said she did not want to close off Second Street permanently as they want to retain their access rights for themselves and, also, to future buyers of the property. Mr. Darrow clarified that as there is the possibility to subdivide the property directly down the middle of the property, the applicant is concerned about cutting off any access since one property would have access from Lanihuli Road and the other would have access from Second Street. In light of Commissioner Watanabe’s inquiry, there was some discussion about the Department of Health requirements for a septic tank system. Mr. Darrow stated that the applicant would not be able to obtain a building permit without complying with the Department of Health rules. There was no one from the public wishing to testify on this agenda item. It was moved by Commissioner Watanabe and seconded by Commissioner Salavea that the application be approved based on the Planning Director’s recommendation with conditions. Mr. Yuen clarified that the applicant is actually proposing two bedrooms in the existing house and then three bedrooms within the proposed second dwelling for the bed and breakfast operation. A roll call vote was taken and motion carried with eight ayes (Watanabe, Salavea, Galdones, Iwashita, McCall, Rho, Siracusa and Alameda) and one absent and excused (Graham). RECESSED The Chair called a short recess at 10:09 a.m. RECONVENED The meeting reconvened at 10:21 a.m. 3 REZ 06-000051 The Commission took this item up at 10:21 a.m. with HAWAII ISLAND approximately 18 people from the public in attendance. VETERAN’S MEMORIAL, INC. WAIAKEA, SOUTH HILO APPLICANT: HAWAII ISLAND VETERAN’S MEMORIAL, INC. (REZ 06-000051) Change of Zone from Open (O) to Multiple-Family Residential – 1,000 square feet (RM-1) district for 4.888 acres of land. The property is located at the northern corner of Kawili Street and Kapiolani Street, across from the Waiakea High School complex, Waiakea, South Hilo, Hawaii, TMK: 2-4-57: portion of 1. 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 various correspondences received into the record. He stated the Planning Director is recommending a favorable recommendation to the Hawaii County Council with conditions. Mr. Yuen at this time proposed to replace existing Condition L with a condition that the applicant shall develop a multi-purpose facility in lieu of the fair share requirement for recreational facilities. The applicant’s representative, Judge Paul DeSilva, Yukie Ohashi, and Bob Williams, and various organizations were in attendance. Mr. Williams explained that the executive order that transferred the land specifically refers to veterans; however if they are unable to fill the units, they will go back and ask for a liberation of that executive order to allow them to open the units up to other Hawaii seniors so that they will not have to pursue veterans outside the State. For Commissioner Watanabe’s information, Mr. Williams said the age requirement of 62 years or older for the housing units is not a violation of HUD or other discriminatory practices according to their counsel, Raymond Hasegawa. For Commissioner Siracusa’s information, Mr. Williams clarified that the housing units per se is limited to the elderly veterans, but the multi-purpose facility would be open to all veterans for meetings at no cost to them. He said their business plan for the multi-purpose facility is to gain net revenues to establish a scholarship program for vets or their dependents through the Hawaii Community Foundation, calling the Commission’s attention to its Board of Directors. In response to Commissioner Salavea’s inquiry, Mr. Williams explained that they have members from every veterans organization on this island who could lend their assistance on this project. He noted their realtor performed a market analysis which indicated clearly the need to provide affordable housing. Judge Paul DeSilva stated he fully supported the project. 4 Yukie Ohashi noted this project actually started 10 years ago by two individuals. In response to Commissioner Galdones’s inquiry whether the applicant has addressed Waiakea High School Principal P. Nekoba’s concern, Ms. Ohashi said a traffic assessment done by Julian Ing indicated that because of the nature of the project, functions being held during off-peak hours, it would not house many employees, and given that they are proposing three different access points (Kawili Street, Kapiolani and Ululani), the impact on traffic would not be significant. Mr. Williams added that they did discuss traffic with the county engineers over several meetings and they master planned their community as recommended by Mr. Ing on the ingress/egress, with signage. He said they did consider such things as adding traffic lights, one-way in, no left turn, and moving the Kawailani Street entrance another 300 feet mauka. In response to Commissioner Galdones’s inquiry, Ms. Ohashi said the applicant is the one that proposed the amendment to Condition L. In response to Commissioner Iwashita’s concern on having adequate parking, Mr. Williams said they have parking to accommodate a full-on banquet facility, concurrent with a full-on occupancy of all the residential units, plus extra stalls. He added their intent is to extend Olona Street to make it a bike path and pedestrian thoroughfare, which they will maintain at their expense. Commissioner Siracusa pointed out that it appears that with the kind of stakeholders there, having all of the services centrally located, and creating all the landscaping, etc., the applicant is creating a walkable community wherein it will not create the kind of traffic normally associated with people having to travel distances for services and constantly zooming in and out of a development. Mr. Williams said that is precisely the way they saw it, too. There was no one from the public wishing to testify on this agenda item. It was moved by Commissioner Watanabe and seconded by Commissioner Siracusa to send a favorable recommendation to the County Council per the Director’s recommendation with existing Condition L replaced with: “In lieu of paying the fair share contribution, the applicant shall develop a multi-purpose facility.” A roll call vote was taken and motion carried with eight ayes (Watanabe, Siracusa, Galdones, Iwashita, McCall, Rho, Salavea and Alameda) and one absent and excused (Graham). REZ 06-000049 The Commission took this item up at 10:52 a.m. with BRUCE A. HANSEN approximately 9 people from the public in attendance. WAIAKEA, SOUTH HILO APPLICANT: BRUCE A. HANSEN (REZ 06-000049) Change of Zone from Single-Family Residential – 10,000 square feet (RS-10) to Limited Industrial – 20,000 square feet (ML-20) district for 21,050 square feet of land. The property is located on the west side of Kanoelehua Avenue approximately 100 feet south of the Kanoelehua 5 st Avenue and Hualani Street intersection, Waiakea Houselots 1 Series, Waiakea, South Hilo, Hawaii, TMK: 2-2-35:58. Mr. Hayashi oriented the Commission and public of the subject and surrounding properties on the location map and site plan, and summarized the request. He noted that Page 4 of the Planning Department’s Background Report, Item 28, should state that according to the applicant the method of sewage disposal will be a septic system until such time as the sewer main is installed along Kanoelehua Avenue. He added the Department of Environmental Management yesterday indicated that they do not have any objections on the applicant providing a septic system since it is costly to extend the sewer line from Hualani Street. Mr. Hayashi then stated that the Planning Director is recommending approval of the application to the Hawaii County Council with conditions, with page 2 of the recommended conditions, Condition G replaced with the following “The method of sewage disposal shall meet with the requirements of the State Department of Health.” He added that page 3 of the Planning Department’s recommendation, the middle section where it says “All utilities and services are available to the site,” the fifth line which says “The project will connect to the County sewer system,” should be deleted. For the Commission’s information, Mr. Hayashi noted that there are Single-Family Residential uses surrounding and abutting the subject property and the zoning for the gray shaded area directly across the street is Limited Industrial zoning. The applicant, Bruce Hansen, and his representatives, Neil and Sheryl Erickson, were in attendance. Mr. Hansen noted the proposed use is consistent with the General Plan designation for this area and stated that they would definitely give the existing building to an employee if they can find one who wants it. There was no one from the public wishing to testify on this agenda item. It was moved by Commissioner Watanabe and seconded by Commissioner Rho to send a favorable recommendation to the County Council with the following revisions: On Page 3 of the Planning Department’s recommendation, middle paragraph, deletion of the following sentence “The project will connect to the County sewer system” and Condition G amended to read “The sewage disposal shall meet with the approval of the Department of Health.” A roll call vote was taken and motion carried with eight ayes (Watanabe, Rho, Salavea, Siracusa, Galdones, Iwashita, McCall, and Alameda) and one absent and excused (Graham). SPP 06-000037/ The Commission took this item up at 11:05 a.m. with SPP NO. 700 approximately 9 people from the public in attendance. DENA AND SERGIO RAMIREZ KULIHAI, HAMAKUA 6 APPLICANTS: DENA AND SERGIO RAMIREZ (SPP 06-000037/SPP NO. 700) a. Special Permit to allow the establishment of a restaurant and related activities within an existing building situated on 2+ acres of land within the State Land Use Agricultural District. b. Revocation of Special Permit No. 700, which allowed the establishment of a physical therapy office on the same property as identified in item 4a above. The property is located along the north (makai) side of the Honokaa-Waipio Road (Highway 240), approximately 1,800 feet west of Nienie Gulch and two miles west of Honokaa, Kulihai, Hamakua, Hawaii, TMK: 4-6-1:19. Mr. Darrow oriented the Commission and public of the subject and surrounding properties on the location map and site plan, noting numerous letters of support were submitted into the record. He said the Planning Director is recommending favorably on the requests, with Condition 2 amended to say Special Permit application 06-000037 is approved and when the applicants receive a certificate of occupancy then at that point Special Permit 700 would be automatically revoked, and the remaining conditions would be renumbered accordingly. In response to Commissioner Iwashita’s inquiry, Mr. Yuen explained that if Condition 2 is adopted as amended, the applicant can have the physical therapy operation continue while working with the DOT, and do some remodeling; and if and when they resolve their problem with the DOT they would then come in for a certificate of occupancy on the restaurant, which at that point the physical therapy permit becomes automatically revoked. He said if the amended Condition 2 is not adopted there are a lot of different kinds of possibilities, such as having a physical therapy and restaurant at the same time, which is not what they want to see happen on the property. He added that unfortunately there is a possibility that the applicants are not going to be able to meet the commercial sight distance requirement of the DOT and might not be able to open a restaurant there. Because it was mentioned in the application several times, Mr. Yuen at this time recommended an additional condition be inserted that would read that the restaurant operation shall be conducted within the existing dwelling. The applicants, Dena and Sergio Ramirez, were in attendance. Mr. Ramirez stated their intention is to provide Honokaa with a new school and dinning facility. He gave some background information of providing gourmet Italian food in Honokaa for the past 11 years and noted this was his masterpiece, bringing this kind of business to Big Island. Mrs. Ramirez concurred with her husband’s comments. She added that they have trained several people already, and have been touched by many people in the community, and they want to give something back to the community, visitors and other people. In response to Commissioner Galdones’s inquiry, Mr. Ramirez said they are currently working with students from Honokaa High School and the University has approached them to start a culinary training program; and he added that their plan is to have two kitchens, one for the restaurant and one for teaching and production. Mrs. Ramirez added that she has talked with Jim Lightner on the other side of the island to coordinate such a program, but that a lot of this is contingent upon creating a certified kitchen, noting they are committed on giving back to the 7 community. Mr. Galdones commended them for giving back to the community and getting the community involved in their operation. In response to Mr. Yuen’s inquiry, Mr. Ramirez stated the only addition is the lanai, noting the last earthquake moved the house off its foundation. Henry Williams spoke in support of the application. He said the area lends itself to peace, quiet, and happiness and the design of the building is something that is going to be talked about throughout this island and State.He thanked the applicant in attempting to bring Paradise to Hamakua. Rolando Hidalgo, supported the project, as he will be able to walk less from his farm to get to a restaurant, the restaurant will be located in a safe place, it will be more comfortable for everyone because it will be larger in size, and it will provide fresh and healthy food, not like the fast-food restaurants. Ginny Heerwagen of Ninole spoke in support of the application as it will be great for the community, noting it is a place where before you leave you get to know others in the restaurant. Dave Heerwagen spoke in support of the application. It was moved by Commissioner Siracusa and seconded by Commissioner Iwashita that the application be approved as recommended by the Planning Director, with the following amended Condition 2 and added Condition 13, and renumbering of the remaining conditions: 2.The effective date for the revocation of Special Permit No. 700 shall be when the applicants receive a Certificate of Occupancy for the restaurant. If the applicants are unable to obtain a Certificate of Occupancy for the restaurant, the applicants shall be entitled to keep Special Permit No. 700 for the physical therapy office in force and shall request a revocation of Special Permit No. 06-000037. 13. The restaurant operation shall be conducted within the existing dwelling with any remodeling consistent with Exhibit B attached to the application. In response to Commission’s inquiry, Mr. Yuen stated the record is clear that the applicants will be using the existing building and not build a new restaurant some place else on the property and remodeling will include raising the building, strengthening piers, with the only addition to the building being the lanai referenced in Exhibit B. Ms. Ramirez clarified that the additional room under the existing structure right now will be renovated to make it safer. A roll call vote was taken and motion carried with eight (Siracusa, Iwashita, Galdones, McCall, Rho, Salavea, Watanabe, and Alameda) and one absent and excused (Graham). RECESSED The Chair called a recess at this time, 11:45 a.m. Commissioner Iwashita left the meeting at this time. RECONVENED The meeting reconvened at 1:10 p.m. 8 AMENDMENTS TO The Commission took this item up at 1:10 p.m. with no one CHAPTERS 23 from the public in attendance. (SUBDIVISION), 25 (ZONING) AND 27 (FLOOD CONTROL) PLANNING DIRECTOR HI COUNTY CODE INITIATOR: PLANNING DIRECTOR Amendments to Chapters 23 (Subdivision), 25 (Zoning) and 27 (Flood Control), Hawaii County Code 1983 (2005 Edition, as amended) to reduce potential water pollution, in compliance with “New Development Management Measures” required by Section 6217 of the Coastal Zone Act Reauthorization Amendments. (SEE EXHIBIT B) AMENDMENTS TOThe Commission took this item up at 1:26 p.m. with no one CHAPTER 25 from the public in attendance. PLANNING DIRECTOR NOISE IMPACTS INITIATOR: PLANNING DIRECTOR Amendment to Chapter 25 (Zoning), Hawaii County Code 1983 (2005 Edition, as amended) to consider noise impacts in reviewing plan approval applications. Mr. Yuen explained the proposed amendment would add noise as one of the community impacts that the Director can require conditions to control, limit, and mitigate at the plan approval stage. He said the Department of Health has noise level standards which are actually fairly high, but this would give the Planning Department a handle on noise control on some of the projects. In response to Commissioner Siracusa’s inquiry, Mr. Yuen said he is not proposing an amendment to Rule 17 on landscaping for noise mitigation, noting he did look at landscaping to mitigate noise impacts on a geothermal plant but found there would need to be a lot of planting to significantly reduce noise. He clarified this proposal would be something that the Department would be looking at on a case-by-case basis and that it would not affect a building that is in operation, as long as it did not need another plan approval. Upon Mr. Yuen’s request, the Commission continued the matter to its next meeting to allow people in West Hawaii to comment on the matter. MINUTES The Commission took up the following items simultaneously at 1:38 p.m. with no one from the public in attendance. October 27, 2006 and November 1, 2006 - 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. 9 ADMINISTRATIVE The following were discussed under administrative matters MATTERS at this time, 1:39 p.m. Status of appeals filed on Planning Commission decisions - Corporation Counsel – Mr. Torigoe had nothing new to report. Other Commission matters – Staff noted Sunstone materials were distributed to the Commission for their review ANNOUNCEMENTS The following announcements were made: Mr. Hayashi announced that the next meetings are scheduled for December 6 and 7, 2007 at the th Hapuna Prince. He said the December 6th meeting has a long agenda and on December 7 the Director will provide a progress report on some of the past projects the Planning Department has been working on and, also, proposed projects, adding that there will also be a presentation from the staff of the Office of Planning who will be giving an overview of the CZM Program and the SMA objectives and policies, etc. ADJOURNMENT There being no further business, the Chair declared the meeting adjourned at 1:43 p.m. Respectfully submitted, Sharon M. Nomura East Hawai‘i Secretary 10