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Home My WebLink About2005-10-07 Planning Commission Minutes COUNTY OF HAWAII PLANNING COMMISSION MINUTES OCTOBER 7, 2005 The County of Hawaii Planning Commission met in regular session at 9:10 a.m. in County Building, Councilroom - Room 201, 25 Aupuni Street, Hilo, Hawai i with Chairman Fred Galdones presiding PRESENT:Fred Galdones ABSENT & EXCUSED: Jeffrey McCall C. Kimo Alameda Allen Salavea William Graham Rene Siracusa AndrewIwashita Hannah Springer Rodney Watanabe Ivan Torigoe, Deputy Corporation Counsel (Left at 10:26 a.m.) Diane Noda, Deputy Corporation Counsel (From 10:26 a.m.) Christopher Yuen, Planning Director (Left at 10:26 a.m.) Roy Takemoto, Deputy Planning Director (From 10:26 a.m.) 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 and Mr. Torigoe introduced his legal clerk, Stacie Waltjen. All those testifying were duly sworn in. REZ 05-012The Commission took this item up at 9:10 a.m. with JIM WINNIMANfour people from the public in attendance. WAIAKEA, SOUTH HILO APPLICANT: JIM WINNIMAN (REZ 05-012) Change of Zone for 28,264 square feet of land from a Neighborhood Commercial 10,000 square foot (CN-10) to an Industrial Commercial Mixed 20,000 square foot (MCX-20) district. The property is located along the north side of Kawili Street and currently includes Ryans RestaurantandOkazuyaandAnnasLounge,Waiakea,SouthHilo,Hawaii,TMK:2-2-49:24. Mr.HayashiorientedtheCommissionandpublicofthesubjectandsurroundingpropertieson the location map and site plan, and summarized the request. He noted the Planning Director recommendedapprovaloftheapplicationwithconditions,andConditionEamendedtoread, 1 Provide improvements to the entire frontage of Kawili Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements and any required utility relocation, meeting with the approval of the Department of Public Works, prior to the construction of any new structures or change in the use of structures. Commissioners Siracusa and Graham noted the discrepancies in the Background Report between Items 2 and 12 and stated that the land in the immediate area are essentially in residential uses and not commercial and industrial uses. The applicants representative, Brian Nishimura, covering for Sidney Fuke stated that the applicant has reviewed the proposed conditions as amended and indicated a willingness to comply with those conditions. At this time, Mr. Yuen said existing Condition K regarding an annual progress report should be replacedwithLandscapingshallbeprovidedinaccordancewiththerequirementsofthe Planning Departments Rule No. 17 (Landscaping Requirements) along with the construction of any new structures. In response to Commissioner Iwashitas concern, Mr. Yuen noted that the required landscaping is not much of a sound blocker, and the residentially zoned properties are more toward the rear of the property; and he agreed with Commissioner Siracusa that the noise concerns would be addressed by the Department of Healths regulations. In response to Commissioner Grahams inquiry, Mr. Hayashi noted that in light of the Department of Water Supplys comments and since the applicant already has a water meter and water is provide to the subject property, the wording in Condition B should be replaced with The applicant shall install a backflow preventer by a licensed contractor, meeting with the approval of the Department of Water Supply. In response to Commissioner Iwashitas inquiries, Mr. Nishimura said the surrounding property owners were informed of the karaoke proposal but he was not certain whether they were informed that there would be amplified sound, and that surrounding property owners were notified of the hearing but he was not certain whether the actual occupants of the dwellings were. Mr. Nishimura stated he believed the recommended changes to the conditions were reasonable and would be acceptable to the applicant. There was no one from the public wishing to testify on this application. It was moved by Commissioner Watanabe, seconded by Commissioner Alameda, to send a favorable recommendation to the County Council for the reasons and with the conditions, as amended. A roll call vote was taken and motion carried with seven ayes (Watanabe, Iwashita, Siracusa, Springer, Alameda, Graham and Galdones) and two absent and excused (McCall and Salavea). 2 REZ 05-016The Commission took this item up at 9:35 a.m. with JANICE OSHIRO fourpeople from the public in attendance. WAIAKEA, SOUTH HILO APPLICANT: JANICE OSHIRO (REZ 05-016) 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 and 33. (SEE EXHIBIT A) SPP 05-018The Commission took this item up at 10:37 a.m. with VERNE & LYNN WOOD approximately 25 people from the public in attendance. KEAAU, PUNA APPLICANTS: VERNEAND LYNN WOOD (SPP 05-018) Special Permit to allow a contractors warehouse and baseyard to facilitate the construction and servicing of water catchment systems on 40,075 square feet of land situated within the State rd Land Use Agricultural District. The property is located between 33 Street and Highway 130 rd (Keaau-Pahoa Road), approximately 800 feet northwest of the 33 Street Makuu Drive intersection, Hawaiian Paradise Park Subdivision, Keaau, Puna, Hawaii, TMK: 1-5-16:167. Mr. Darrow stated the applicant in his written correspondence has requested a continuance of the hearing. It was moved by Commissioner Siracusa and seconded by Commissioner Springer that the hearing be continued at the request of the applicants. Commissioner Graham commented that usually when the Commission takes action on an application it is not specific to the owner of the property but land use as the property can be sold; however, in this situation it appears the Planning Department is recommending denial based on who the owner of the property is, as it stated that the owner already has a permit to do a very similar activity in a different location. The Chair asked the staff to submit a response to Commissioner Grahams comment at the next meetingwhenthismatteristakenup.Arollcallvotewastakenandmotioncarriedwithseven ayes (Siracusa, Springer, Alameda, Graham, Iwashita, Watanabe and Galdones) and two absent andexcused(McCallandSalavea). NEWBUSINESSTheCommissiontookupthefollowingnewbusinessat approximately 10:41 a.m. with 10 people from the public inattendance. EnVisionDowntownHilo2025,aCommunity-BasedVisionandLivingActionPlanfor Downtown Hilo prepared by the Friends of Downtown Hilo Steering Committee. (SEE EXHIBITS B AND C) 3 MINUTESAt11:25 a.m., the Commission took up the following minutes. September 2, 2005 It was moved by Commissioner Springer and seconded by Commissioner Alameda that the minutes be approved. Motion was unanimously carried by a voice vote of all Commissioner in attendance. ADMINISTRATIVEThe Commission took up the following under administrative MATTERSmatters at this time, 11:26 a.m. Status of appeals filed on Planning Commission decisions - Corporation Counsel Ms. Noda stated she had nothing new to report on this matter. ANNOUNCEMENTSThe following announcement was made. Next Meeting Mr. Hayashi announced that the next scheduled meeting is October 21, 2005 in Kona. HCPO Mr. Hayashi noted that the reservations have been made for the Commissioners attending and that the program or any other materials will be distributed to the Commission as soon as they are received. Posting of Signs for Public Notification - Mr. Hayashi noted that because of the recent County Councils action, amendments will be proposed to appropriate sections of Planning Commissions Rule 6 (Special Permits), Rule 7 (Use Permit), Rule 8 (Shoreline Setback), Rule 9 (Special Management Area), Rule 11 (Zoning Amendments), Rule 12 (Geothermal Resource Permits), Rule 13 (State Land Use District Boundary Amendment), Rule 15 (Project Districts), and Rule 16 (Agricultural Project Districts) by requiring the posting of signs for public notification as part of the application process. TestimonyofE.FloydBernier-NachtweyCommissionerSpringernotedMr.Nacthtweys testimony was not on the Envision Plan but his own plan and questioned whether that was legally allowed at that point in the process. The Chair noted counsel did mention that; however, the Chair, with that flexibility, allowed him to present his testimony as he went through all the trouble of being here today and there was time to allow public testimony. ADJOURNMENT There being no further business, at 11:30 a.m., it was moved by CommissionerSpringerandsecondedbyCommissionerAlameda that the meeting be adjourned. Motion was unanimously carried by a voice vote of all Commissionersinattendance. Respectfully submitted, Sharon M. Nomura, East Hawaii Secretary 4