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HomeMy WebLinkAbout2006-05-05 Planning Commission Minutes PLANNING COMMISSION COUNTY OF HAWAII MINUTES MAY 5, 2006 The Planning Commission met in regular session at 9:10 a.m. in the County Building, Councilroom ƒ Room 201, 25 Aupuni Street, Hilo, Hawaii, with Chairman C. Kimo Alameda presiding. PRESENT:C. Kimo Alameda (fromABSENT & EXCUSED: Jeffrey McCall 9:00 a.m. to 10:51 a.m. and Rodney Watanabe 12:24 p.m. to 5:45 p.m.) Fred Galdones BillGraham Andrew Iwashita Allen Salavea Rene€ Siracusa (left at 2:10 p.m.) Ivan Torigoe, Deputy Corporation Counsel Christopher J. Yuen, Planning Director Norman Hayashi, Planning Program Manager Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner The Chair introduced the Commissioners and staff to members of the public. SPP 06-000023The Commission took this item up at9:10 a.m. with JIMMY W. LEE AND approximately 14 people from the public inattendance. SIU PING CHAN KEAAU, PUNA APPLICANTS: JIMMY W. LEE AND SIU PING CHAN (SPP 06-000023) Special Permit to allow the establishment of a one-bedroom bed and breakfast operation within an existing single-family dwelling situated on 1 acre of land within the State Land UseAgriculturalDistrict.ThepropertyislocatedatthesouthwestcornerofMakuu th Drive and 10 Avenue, Hawaiian Paradise Park Subdivision, Keaau, Puna, Hawaii, Tax Map Key: 1-5-26:1. Mr.DarroworientedtheCommissionandpublicofthesubjectandsurrounding properties on the location map and site plan, summarized the request, and noted that correspondencehavebeenreceivedfromtheHawaiianParadiseParkOwnersAssociation and the Civil Defense Agency. He corrected a typographical error on page 6, Condition 3 changingthewordthree‚toone.‚HesaidthePlanningDirectorisrecommendingthat the application be approved by the Planning Commission. 1 In response to Commissioner Siracusa€s inquiry regarding Civil Defense€s comment that the applicant needed to develop an emergency plan, Mr. Darrow said the Commission could add that as a new condition, but that it also could be covered under the catch-all Condition 5. Commissioner Siracusa noted the Hawaiian Paradise Park Association requested the thth driveway connect to 10 Avenue rather than Makuu and questioned whether 10 Avenue had a good line of sight as Makuu. Mr. Darrow noted the photographs circulating shows th a gate on 10 Avenue and a big pothole because of ponding in the area from heavy rains; and he added that there is an existing concrete driveway off Makuu that the applicants already constructed. The applicants, Jimmy W. Lee and Siu Ping Chan, were in attendance. Mr. Lee stated he did review the Planning Department€s recommendation and conditions. He questioned whether they could provide their guests with such things as snacks (i.e., potato chips), beverages (i.e., soda) and souvenirs to their guests. Mr. Hayashi said the bed and breakfast ordinance just says only continental breakfast will be provided and noted if souvenirs are sold it becomes a retail establishment. Commissioner Siracusa noted that bags of potato chips do not require any preparation in-house. Mr. Lee then asked whether recreational games (i.e., swimming pool, badmington court, horse shoe games) can be offered to their guests. Mr. Yuen said the applicants can offer theirgueststheuseoftheirproperty;however,hecautionedthattheDepartmenthas received complaints in the past from neighbors when B&B guests use outdoor facilities and noted they could provide some shielding just for the sake of good neighbor relations. Commissioner Siracusa suggested Mr. Lee specify the sorts of accessory uses, types of snacks (i.e, whether they are prepackaged) and types of souvenirs and do a line item yes/no checklist so it would it easier for the Director to determine if something is an accessory use or not. An example she gave was a postcard showing the property which might be an accessory use and something showing the Volcanoes National Park which might not. Mr. Lee at this time also asked about special services, such hiring a tour guide, having a masseuse come over to do massage, or laundry service. Mr. Yuen said his initial response is no; however if they want a reconsideration he would suggest they submit a written request/inquiry for the Department to consider whether the proposal is accessory to the operation, noting the Department€s response would apply to all B&Bs and not just the applicant. Mr. Yuen explained that an accessory use is something that is normally and customarily associated with the main use. There was no one from the public wishing to testify on the agenda item. 2 It was moved by Commissioner Galdones and seconded by Commissioner Siracusa that the application be approved with the correction to page 6, Item 3, changing three to one. A roll call vote was taken and motion carried with six ayes (Galdones, Siracusa, Graham, Iwashita, Salavea and Alameda) and two absent and excused (McCall and Watanabe). LUC NO. SP 73-159The Commission took this item up at 9:33 a.m. with NANI MAU, INC.approximately 7 people from the public in attendance. WAIAKEA, SOUTH HILO APPLICANT: NANI MAU, INC. (LUC DOCKET NO. SP73-159) State Land Use Commission Docket No. SP73-159 allowed the establishment of the Nani Mau Gardens complex, which included a maintenance building, on approximately 23 acres of land within the State Land Use Agricultural District. The request is to allow the conversion of the maintenance building into a charter school facility. The Nani Mau Gardens complex is located along the north side of Makalika Street, Panaewa Farm Lots Subdivision, Waiakea, South Hilo, Hawaii, Tax Map Key: 2-2-48: portion of 13. Mr. Hayashi gave some background information. He said the Planning Department is recommending a continuance of the hearing until the applicant provides a more comprehensive Traffic Impact Analysis Report as required by a condition imposed by the State Land Use Commission several years ago for any new use of the property. For Commissioner Siracusa€s information, Mr. Hayashi said that the applicants did submit the list of surrounding property owners and the first notice to the owners as required. It was moved by Commissioner Siracusa and seconded by Commissioner Galdones that the hearing be continued until such time as the TIAR has been reviewed and accepted by the State Land Use Commission. A roll call vote was taken and motion carried with six ayes(Siracusa,Galdones,Graham,Iwashita,SalaveaandAlameda)andtwoabsentand excused (McCall and Watanabe). REZ 06-000038The Commission took this item up at 9:37 a.m. with GUY NAKAOapproximately 10 people from the public in attendance. PONAHAWAI, SOUTH HILO APPLICANT: GUY NAKAO (REZ 06-000038) Change of Zone from an Agricultural 1-acre (A-1a) to a Neighborhood Commercial 20,000squarefeet(CN-20)districtforapproximately1.02acresofland.Thepropertyis located on the south side of Ponahawai Street approximately 1,000 feet east of the KomohanaStreet-PonahawaiStreetintersection,Ponahawai,SouthHilo,Hawaii,Tax Map Key: 2-3-37: 9. 3 As requested by the Planning Department, it was moved by Commissioner Salavea and seconded by Commissioner Galdones that the hearing be continued until the access issue is resolved between the subdivider (Frank De Luz) and the landowner of the easement (David Basque). A roll call vote was taken and motion carried with six ayes (Salavea, Galdones, Graham, Iwashita, Siracusa, and Alameda) and two absent and excused (McCall and Watanabe). SLU 06-000010/The Commission took this item up at 9:40 a.m. with REZ 06-000037approximately 9 people from the public in attendance. PLANT-MASON WAINAKU, SOUTH HILO APPLICANT: PLANT-MASON FAMILY TRUST (SLU 06-000010/ REZ 06-000037) a.State Land Use Boundary Amendment for 14.771 acres of land from the Agricultural district (2.8 acres) and the Urban district (11.9 acres) to a Rural district. b.Change of Zone from an Agricultural 20-acre (A-20a) and a Single-Family Residential 15,000 square feet (RS-15) district to a Residential and Agricultural 1-acre (RA-1a) district for approximately 14.771 acres of land. The property is located along the southeast corner of the Kulana Kea Drive and Kauhiuula Road intersection, Wainaku, South Hilo, Hawaii, Tax Map Key:2-6- 32:6. (SEE EXHIBIT A) RECESSEDThe Chair called a recess at 10:41a.m. RECONVENEDThe meeting reconvened at 10:51 a.m. As the Chair excused himself, First Vice-Chairman Bill Graham took over the meeting at this time. REZ ORD. 96-152The Commission took this item up at 10:51 a.m. with PLANNING DIRECTORapproximately 25 people from the public in attendance. PAPAA-HALEOPUNA, SOUTH HILO INITIATOR: PLANNING DIRECTOR RepealofChangeofZoneOrdinanceNo.96152,whichrezoned14.69acresofland from an Agricultural 20-acre (A-20a) to a Single-Family Residential 15,000 square feet (RS-15)districtatPapaa-Halepuna,SouthHilo,Hawaii,TMK:2-6-32:portionof6 (formerly 2-6-12: portion of 4 and 2-6-13: portion of 7). 4 Mr. Hayashi oriented the Commission and public of the subject and surrounding properties on the location map, gave some background information and noted the Planning Director is initiating the repeal of Change of Zone Ordinance No. 96 152, subject to the approval of the change of zone applications of Kulana Kea and Plant- Mason by the County Council. Upon First Vice Chairman Graham€s inquiry, Mr. Hayashi noted that although the surrounding property owners were not individually notified of the Director€s request to repeal Ord. No. 96 152, he felt they would have no objections to the request. In response to Commissioner Siracusa€s inquiry, Mr. Yuen said if the proposed Plant- Mason rezoning passes at the County Council then the property would have a RA-1a zoning designation and as a housekeeping measure the old rezoning ordinance should be repealed. He said if the proposedPlant-Mason rezoning does not pass the Council, then thePlanningDepartmentwouldaskthatthisrepealof96152berejected,notingthatit would not go back to Ag-20 unless another process is initiated. He added that at the present time someone could have one 14-ace lot and build a house on it. There was no one from the public wishing to testify on this agenda item. It was moved by Commissioner Siracusa and seconded by Commissioner Salavea to send a favorable recommendation to the County Council based on the Planning Director€s recommendation and proposed conditions, with the friendly amendment suggested by Commissioner Galdones that this change of zone will take effect upon adoption of the Plant-Mason change of zone application. A roll call vote was taken and motion carried with five ayes (Siracusa, Salavea, Galdones, Iwashita, and Graham) and three absent and excused (Alameda, McCall and Watanabe). REZ 06-000034The Commission took this item up at 11:04 a.m. with HIRAYAMA BROTHERSapproximately 26 people from the public in attendance. ELECTRIC, INC. WAIAKEA, SOUTH HILO APPLICANT: HIRAYAMA BROTHERS ELECTRIC, INC. (REZ 06-000034) Change of Zone from a Single-Family Residential 10,000 square feet (RS-10) to a Neighborhood Commercial 20,000 square feet (CN-20) district for 20,000 square feet of land.ThepropertyislocatedalongthewestsideofManonoStreet,approximately200 feet north of the Kekuanaoa Street ƒ Manono Street intersection, Waiakea House Lots, Waiakea,SouthHilo,Hawaii,TaxMapKey:2-2-34.13. (SEEEXHIBITB) 5 REZ 06-000035The Commission took this item up at 1:46 a.m. with IVAN MOCHIDA ANDapproximately 25 people from the public in attendance. LES ABURAMEN WAIAKEA, SOUTH HILO APPLICANTS: IVAN MOCHIDA AND LES ABURAMEN (REZ 06-000035) Change of Zone from aSingle-Family Residential 10,000 square feet (RS-10) to a Multiple-Family Residential 2,500 square feet(RM-2.5) district for approximately 90,400 square feet of land. The properties are located on both sides of Laukapu Street between Lanikaula Street and Leilani Street, Waiakea House Lots, Waiakea, South Hilo, Hawaii, TMK: 2-2-36: 60, 102 and 103. (SEE EXHIBIT C) RECESSEDThe Chair called a recess at 3:24 p.m. RECONVENEDThe meeting reconvened at 3:34 p.m. SPP 06-000024The Commission took this item up at 3:34 p.m. with HUI O MANA, LLCapproximately 14 people from the public in attendance. KAAPAHU, HAMAKUA APPLICANT: HUI O MANA, LLC (SPP 06-000024) Special Permit to allow the establishment of a Health and Wellness Retreat Facility on a 3.167-acre area situated within the State Land Use Agricultural District. The area involved is located between Waikaalulu Road and Kalopa Gulch, approximately 4 miles mauka of State Highway 19 (40-mile marker), Kaapahu, Hamakua, Hawaii, Tax Map Key:4-4-13:portionof10. (SEEEXHIBITD) RECESSEDTheChaircalledarecessat4:55p.m. RECONVENEDThe meeting reconvened at 5:05 p.m. and the Commission took up the following item as there were no objections. ORD. NO 04-106The Commission took this item up at 5:05 p.m. with SEASCAPEapproximately2peoplefromthepublicinattendance. DEVELOPMENT, LLC ST OOMA1, NORTH KONA 6 APPLICANT: SEASCAPE DEVELOPMENT, LLC (ORDINANCE NO. 04-106) Amendment to Condition H (construction of Kakahiaka Street extension) as required in Ordinance No. 04-106, which rezoned 10.001 acres of land from an Agricultural 5-acre (A-5a) to a Multiple Family Residential ƒ 4,000 square feet (RM-4) district. The property is located on the south side of Kona Palisade Subdivision, approximately 1,200 st feet south of the Kaiminani Drive ƒ Kakahiaka Street intersection, Ooma 1, North Kona, Hawaii TMK: 7-3-10: portion of 3. (SEE EXHIBIT E) GENERAL PLANAt 5:25 p.m. the Commission took up the following item PLANNING DIRECTORwith two people from the public in attendance. INTERIM AMENDMENTS INITIATOR: PLANNING DIRECTOR Action on the General Plan Interim Amendments which include proposed changes to the text, policies, courses of action, Land Use Pattern Allocation Guide Maps, Transportation Maps and the Facilities Maps. For the Chair€s information, Mr. Torigoe noted that it was up to the Commission today to vote on this matter, noting there was a possibility of another meeting if it was necessary. He noted that although the formal hearing is closed, if someone wishes to testify under the Sunshine Law public testimony would be allowed and be a part of today€s proceedings. Bob Ely representing the Orchidland Community Association Board of Directors th expressed their overwhelming opposition to A-1 and A-2, referring to their April 14 letter. He noted that at their general membership meeting this last Saturday it unanimous by those in attendance that they did not want any further Commercial development in Orchidland as it was an invitation to two newstrip malls, noting the community felt they had no input into the proposals. He explained that they felt the proposed changes will have a major impact traffic impact on Orchidland and they do not have the money to supporttheseroads.HeurgedtheCommissiontoawaitthefinalizationofthe Community Development Plan before it acts on the amendments. In response to Mr. Ely€s comments, Mr. Yuen said it was up to the Commission on what actiontheywouldliketotakeontheproposedamendments.Henotedthathisproposals were in light of the County Council€s request to create a General Plan Medium Density areainOrchidland,referringtospecialpermitsalreadyapprovedinthisarea. FortheCommission€sinformation,Mr.YuensaidtheCommissionmayactonthe amendments individually or as a whole at this meeting or the next meeting. Commissioner Graham felt the Commission should have further discussion on the comments provided by the public but noted his concern that it was too late in the day to go further on the matter. Mr. Yuen then suggested the Commission act favorably today 7 on the amendments that were noncontroversial and take up the remaining amendments at the next meeting. Commissioner Graham felt further discussion should be had on the Waimea, Ainaloa and Orchidland areas. Commissioner Iwashita felt the Big Island Candies area needed further discussion. Mr. Yuen pointed out other controversial ones were in the agricultural areas and the subdivision above Kealakekua Bay. It was then moved by Commissioner Salavea and seconded by Commissioner Galdones to send a favorable recommendation to the County Council on the Planning Director€s proposed changes to the General Plan document, Land Use Pattern Allocation Guide Map, and Facilities Map, with the exception of Items A-1, A-2, B-6, E-6, E-7, E-8, F-2, the Waimea Bypass Road and Facilities Map. There was no further discussion. A roll call vote was taken and motion carried with five ayes (Salavea, Galdones, Graham, IwashitaandAlameda)andthreeabsentandexcused(Siracusa,McCallandWatanabe). MINUTESAt 5:44 p.m., the Commission took up the following minutes: March 31, 2006 ƒ It was moved by Commissioner Galdones and seconded by Commissioner Iwashita that the minutes be approved as circulated. Motion was unanimously carried by a voice vote of all Commissioners in attendance. April 7, 2006ƒ It was moved by Commissioner Galdones and seconded by Commissioner Iwashita that the minutes be approved as circulated. Motion was unanimously carried by a voice vote of all Commissioners in attendance. ADMINISTRATIVEThe Commission took up the following matter at this MATTERStime, 5:46 p.m. Status of appeals filed on Planning Commission decisions - Corporation Counsel - Mr. Torigoe had noting new to report. ADJOURNMENTThere being no further business, the Chair declared the meeting adjourned at 5:46 p.m. Respectfully submitted, SharonM.Nomura,Secretary 8