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Home My WebLink About2006-01-06 Planning Commission Minutes PLANNING COMMISSION COUNTY OF HAWAII MINUTES January 6, 2006 The Planning Commission met in regular session 9:04 a.m. in the County Building, Councilroom - Room 201, 25 Aupuni Street, Hilo, Hawaii, with Chairman C. Kimo Alameda presiding. PRESENT: C. Kimo Alameda ABSENT & EXCUSED: Allen Salavea Fred Galdones Hannah Springer Bill Graham Rodney Watanabe Andrew Iwashita JeffreyMcCall(Leftat10:25a.m.) Rene Siracusa 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. All those testifying were duly sworn in. REZ 05-016The Commission took this item up at 9:04 a.m. with JANICE OSHIROapproximately 16 people from the public in attendance. WAIAKEA, SOUTH HILO APPLICANT: JANICE OSHIRO (REZ 05-016) Action on an application for a Change of Zone for 28,002 square feet of land from a Single Family Residential 10,000 square foot (RS-10) to a General Commercial 10,000 square foot (CG-10) district. The property is located along the east side of Kilauea Avenue and approximately 120 feet north of the Kilauea Avenue Lanikaula Street intersection, Waiakea, South Hilo, Hawaii, TMK: 2-2-28:30, 32 & 33. (SEE EXHIBIT A) SPP 05-020The Commission took this item up at 9:55 a.m. with ROYDEN&BARBETTEapproximately16peoplefromthepublicinattendance. NABARRO KEAAU, PUNA 1 APPLICANTS: ROYDEN & BARBETTE NABARRO (SPP 05-020) Special Permit to allow the construction of a 192-square foot building for a certified kitchen on one acre of land situated within the State Land Use Agricultural District. The th property is located along the makai side of 24 Avenue (Ohe Street), approximately th 830 feet southeast of the Shower Drive 24 Avenue intersection, Hawaiian Paradise Park Subdivision, Keaau, Puna, Hawaii, TMK: 1-5-37:107. 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 recommendedapproval of the application with conditions. For Commissioner Siracusas information, Mr. Darrow noted that surrounding property owners within 500 feet of the perimeter boundary of the subject property have been notified of todays hearing; Stephanie and John Yue inquired aboutthe application but did not submit any comments either for or against the proposal; and the Hawaiian Paradise Park Owners Association had no objections to the application. The applicants representative, Bethany Morrison, stated she did review and had no objections to the Planning Departments background report and recommendation. In response to Commissioner Siracusas inquiry, Mr. Darrow amended the recommendation page 5, Item 3, first sentence to read, The proposed certified kitchen shall be established within one from the effective date of this permit, changing the words home occupation to certified kitchen. For Commissioner Siracusas information, Mr. Darrow noted that the lot does not extend to Kaloli and clarified this particular node is one of two identified as medium density within Paradise Park, indicating the locations on the presentation map. Mr. Yuen explained that imposing a five-year condition on the life of a special permit is really a matter of scale and the type of an application. He said the Department is not imposing such a condition for this application as the proposal is very close to what would be allowed as a matter of right in a residential district as a home occupation, which is a business operated by the owner of the home and has a maximum of one employee, and as it is a business that does not involve a significant number of people from the general public coming onto the property nor does it have any unusual impacts that might lead to an unfavorable recommendation. For Commissioner Galdoness information, Ms. Morrison clarified the process of making ice pops, which would be melting down the ingredients and freezing it. He said there will be no offensive odor emanating from the facility and no meal-cooking will be prepared at the facility. There was no one from the public wishing to testify on the application. 2 It was moved by Commissioner Graham and seconded by Commissioner McCall that the application be approved based on the Planning Directors recommendation, and including the proposed conditions. A roll call vote was taken and motion carried with six ayes (Graham, McCall, Galdones, Iwashita, Siracusa, and Alameda) and three absent and excused (Salavea, Springer and Watanabe). REZ 05-022The Commission took this item up at 10:12 a.m. with CHRISTOPHER approximately 16 people from the public in attendance. RAYMOND WAIKOEKOE, HAMAKUA APPLICANT: CHRISTOPHER RAYMOND (REZ 05-022) Change of Zone for 34.5 acres of land from an Agricultural 20-acre (A-20a) to a Family Agricultural 3-acre (FA-3a) district. The property is located along south side of the Mamalahoa Highway, approximately2,750feet southeast of the Mamalahoa Highway Hawaii Belt Road intersection. Waikoekoe, Hamakua, Hawaii, TMK: 4-7-7:48. Commissioner Siracusa suggested this matter be continued to the next Hilo meetingwhen the recommendations are in place and the Commissioners have had a chance to do a proper review of the application. Upon Commissioner Galdones inquiry, Mr. Darrow explained that as concerns were raised that the request would trigger the requirements for affordable housing and extensive improvements to the waterline, the Planning Department wanted to give the applicantanopportunitytoreconsiderhisapplicationandsubmitachangeofzone application from Agricultural 20 acres to Agricultural 5 acres. He said the applicants response was not received in time for the Planning Department to generate a recommendation for the current application. He stated that the applicant has verbally informed the Department that he would like to proceed with the application as is, even with the affordable housing and water improvement conditions. Commissioner Galdones agreed with Commissioner Siracusa that the hearing should be continued to give the Commissioners an opportunity to have a full review of the application. Director Yuen clarified that the Department is now asking the matter be continued but asked that staff be allowed to give a brief description of the application, the applicant be given an opportunity to comment on the matter, and the public be allowed to provide testimony. Commissioner Galdones commented that with the publics and applicants understanding that no action is going to be taken today and the hearing will be continued, he has no objection in allowing testimonies from the applicant and public today. 3 For the Commissions information, Mr. Torigoe and Mr. Yuen said it was up to the Commission whether to have the staff make a presentation and allow the applicant to provide comments, etc. Mr. Yuen added he did not think it would hurt to have staff take two or three minutes to briefly describe the proposal, noting theCommission should at least see if the applicant has anything to say. There were no objections in proceeding in this manner. Mr. Darrow then oriented the Commissioners and public of the subject and surrounding properties on the location map and site plan, circulated photos of the area, and summarized the request. He noted that the Department of Public Works is recommending that the applicant pave Vierra Road for the length of the property up to 20 feet wide, which currently is 10 feet; and the Department of Water Supply has requested that the applicant install a 6-inch waterline for a total of 4400 feet, noting these improvements could prove to be very costly. He reiterated that the Planning Director is withholdinghisrecommendationatthepresenttime. Theapplicant,ChristopherRaymond,statedhisfamilywouldliketofullycomplywith the State Constitution and the County General Plan, to support in entirety that of maintaining agricultural lands of importance in the State of Hawaii. He said his love for the land is deep and he was passionate about agriculture in general, noting he has lived in Hawaii his entire life except for two years on the west coast. He stated it was now up to the small farmers to maintain the agricultural base that people wish to retain in the State. In response to Commissioner Iwashitas inquiry, Mr. Raymond said he believed a continuance was acceptable and that he will be meeting with staff after the meeting to find out the next step in the procedure. It was moved by Commissioner Siracusa and seconded by Commissioner Galdones that the hearing be continued to the next Hilo meeting. A roll call vote was taken and motion carried with six ayes (Siracusa, Galdones, Iwashita, Graham, McCall and Alameda) and three absent and excused (Salavea, Springer and Watanabe). RECESSEDThe Chair called a short recess at 10:25 a.m. and Commissioner McCall left the meeting at this time. RECONVENEDThe meeting reconvened at 10:35 a.m. SLU 05-006/REZ 05-020The Commission took this item up at 10:35 a.m. with TIMOTHY LYNN approximately 10 people from the public in attendance. GARDNER KEONEPOKO, PUNA APPLICANT: TIMOTHY LYNN GARDNER (SLU 05-006/REZ 05-020) a.StateLandUseboundaryamendmentfor3.319acresoflandfromthe Agricultural to the Urban district. 4 b.Change of Zone for 3.319 acres of land from an Agricultural 1-acre (A-1a) to an Industrial-Commercial Mixed 1-acre (MCX-1a) district. The property is located along the northeast side of the Keaau Pahoa Road (Highway 130), approximately 1,500 feet north of the Pahoa Village Market complex, Keonepoko Homesteads, Puna, Hawaii, TMK: 1-5-7:53. (SEE EXHIBIT B) REPEAL ORD. 487The Commission took this item up at 12 noon with PLANNING DIRECTORfive people from the public in attendance. PONAHAWAI, SOUTH HILO INITIATOR: PLANNING DIRECTOR Repeal of Change of Zone Ordinance No. 487, which incrementally rezoned a 50.988-acre area from an Agricultural 1-acre (A-1a) to a Single Family Residential 7,500 square foot (RS-7.5) district in August of 1972. The properties involved are located along the south side of Ponahawai Street, Ponahawai, South Hilo, Hawaii, TMK: 2-3-36:18; 2-3-37:6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 (formerly, 2-3-36:18 and 2-3-37:6). (SEE EXHIBIT C) MINUTESThe Commission took up the following minutes at this time, 12:14 p.m. December 2, 2005 Itwas moved by Commissioner Galdones and seconded by Commissioner Graham that the minutes be approved as circulated and placed in file. Motion was unanimously carried by a voice vote of all Commissioners in attendance. ADMINISTRATIVEThe following were discussed under administrative matters, MATTERSat this time, 12:15 p.m. Status of appeals filed on Planning Commission decisions - Corporation Counsel: Betty Chins Special Permit No. 1185 - Mr. Torigoe noted the Circuit Court and subsequently the Hawaii Supreme Court on December 19, 2005 affirmed the Planning Commissions decision on this matter, noting as the Hawaii Supreme Courts decision was an unpublished disposition it is not a matter of precedent that can be applied to other cases.HesaidtheCommissionandstaffshouldbecongratulatedinitsdecision-making as the Supreme Court looked favorably upon the level of attention that the Commission paidtomakingspecificfact-relevantconditionsonthepermit. ParkerSchoolsUsePermitNo.05-0001-CommissionerGrahamquestionedwhether the appeal period for the Commissions November 18, 2005 decision on this permit ran 5 out. In checking the files, the letter to the applicant of the Commissions action to adopt the Hearing Officers Proposed Findings of Fact, Conclusions of Law and Order was sent out December 7, 2005. Other Commission matters: January 20, 2006 - Mr. Hayashi announced that this is the scheduled date for the next Planning Commission meeting at the Outrigger Keauhou Beach Hotel, noting a lengthy agenda. ADJOURNMENTThere being nofurther business, the Chair declared the meeting adjourned at 12:20 p.m. Respectfully submitted, Sharon M. Nomura East Hawaii Secretary A T T E S T: C. Kimo Alameda, Chairman Planning Commission 6