HomeMy WebLinkAbout2005-08-05 Planning Commission Minutes
COUNTY OF HAWAII
PLANNING COMMISSION
MINUTES
AUGUST 5, 2005
The County of Hawaii Planning Commission met in regular session at 9:04 a.m. in
County Building, Councilroom - Room 201, 25 Aupuni Street, Hilo, Hawai i with Chairman
Fred Galdones presiding from 9:04 a.m. to 12:13 p.m. and with Second Vice-Chairman C. Kimo
Alameda presiding from 12:13 p.m. to 6:05 p.m..
PRESENT:Fred Galdones (Left at 12:13 p.m.)ABSENT & EXCUSED: Hannah Springer
C. Kimo Alameda (From 12:13 p.m.)
William Graham
JeffreyMcCall
Allen Salavea
Rene Siracusa
Andrew Iwashita
Rodney Watanabe
Ivan Torigoe, Deputy Corporation Counsel
Christopher Yuen, PlanningDirector
Norman Hayashi, Planning Program Manager
Phyllis Fujimoto, Staff Planner
Jeff Darrow, Staff Planner
The Chair called the meeting to order at 9:04 a.m. and called a short recess at 9:05 a.m. to review
the various documents recently submitted into the record. The meeting reconvened at 9:15 a.m.
The Chair introduced the Commissioners and staff to members of the public.
REZ 05-005The Commission took this item up at 9:15 a.m. with
TIMOTHY DELOZIER approximately 30 people from the public in attendance.
WAIAKEA,
SOUTH HILO
APPLICANT: TIMOTHY DELOZIER (REZ 05-005)
Continued hearing on the application for a Change of Zone for 19,500 square feet of landfrom a
Single Family Residential 10,000 square feet (RS-10) toa NeighborhoodCommercial 10,000
square feet (CN-10) district. The property is located along the west side of Manono Street,
approximately195feetnorthoftheManonoStreetLanikaulaStreetintersection,Waiakea
st
Houselots, 1 Series, Waiakea, South Hilo, Hawaii, Tax Map Key 2-2-27:42.
(SEE EXHIBIT A)
RECESSEDThe Chair called a short recess at 11:44 a.m.
RECONVENEDThe meeting reconvened at 11:55 a.m.
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SPP 05-009The Commission took this item up at 11:55 a.m. with
MELVIN W. approximately 20 people from the public in attendance.
MIRANDA, SR.
KAPOAULA,
HAMAKUA
APPLICANT: MELVIN W. MIRANDA, SR. (SPP 05-009)
Continued hearing on the application for a Special Permit to allow the establishment of a
contractors base yard on approximately one acre of land situated in the State Land Use
Agricultural District. The property is located along the north (makai) side of the Hawaii Belt
Highway (Highway 19) at approximately 47.5-mile marker, Kapoaula, Hamakua, Hawaii, Tax
Map Key 4-7-7: portion of 55.
(SEE EXHIBIT B)
RECESSEDThe Chair called a lunch recess at 2:15 p.m.
RECONVENEDThe meeting reconvened at 2:55 p.m.
REZ 05-007The Commission took this item up at 2:55 p.m. with
CRAIG AND APRIL approximately 9 people from the public in attendance.
NAKAGAWA
WAIAKEA,
SOUTH HILO
APPLICANTS: CRAIG AND APRIL NAKAGAWA (REZ 05-007)
Application for a Change of Zone for 27,224 square feet of land from a Single Family
Residential -15,000 square foot (RS-15) to a Single Family Residential 10,000 square foot
(RS-10) district. The property is located along the east side of Maikai Street, approximately 200
st
feet north of the former Kinoole Food Fair Supermarket complex, Waiakea Homesteads, 1
Series, South Hilo, Hawaii, TMK: 2-4-9:26.
Mr. Hayashi oriented the Commission and public of the subject and surrounding properties on
the location map and site plan and summarized the request, noting because of concerns expressed
by some of the surrounding property owners the applicant will now construct only one single
family dwelling.
Mr. Hayashi said the Planning Director is recommending approval of the request and made the
following changes to the Planning Directors recommendation as a result of the applicants intent
to construct only one single family dwelling:
Second paragraph on page 2 amended to read, The applicants are requesting a change of
zonefromSingle-FamilyResidential-15,000squarefeet(RS-15)toSingle-FamilyResidential-
10,000 square feet (RS-10) to subdivide the property into two lots. One lot will be
approximately10,032squarefeetinsizeandwillretaintheexistingsingle-familydwelling.The
second lot will consist of approximately 17,192 square feet. Initially, the applicants proposed to
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construct two new dwellings on the 17,192 square foot lot. However, due to concerns from the
surrounding lot owners, the applicants now intend to construct only one dwelling on the 17,192
square foot lot. The dwellings will be utilized as rental units. The estimated cost of the project
is $300,000.
Last paragraph on page 2 and continuing to Page 3, the paragraph is amended to read,
As stated above, the applicants initially intended to construct two new dwellings on the 17,192
square foot lot. However, the applicants have since changed their plans and will construct only
one dwelling on the 17,192 square foot lot. The Planning Director supports this rezoning request
to allow a two-lot subdivision with one home on each lot. Therefore, a condition will be
included in the change of zone ordinance to prohibit a second dwelling unit and a Condominium
Property Regime on each lot.
Mr. Hayashi clarified the changes would eliminate the potential to allow four homes.
Mr. Yuen then proposed that the first four sentences of Condition K be replaced with the
followingthreesentences:Theapplicantshallmakeitsfairsharecontributiontomitigatethe
potential regional impacts of the project with respect to parks and recreation, fire, police, solid
waste disposal facilities and roads. The fair share contribution shall become due and payable
prior to final subdivision approval of any portion of the subject property. The fair share
contribution shall apply to the additional lot.
There was no one from the public wishing to testify on the application.
It was moved by Commissioner Iwashita and seconded by Commissioner Siracusa to send a
favorable recommendation to the County Council on the change of zone application
(REZ 05-007) based on the Planning Directors recommendation and proposed conditions as
amended by the discussion in todays record. There was no discussion on the motion. A roll call
vote was taken and motion carried with seven ayes (Iwashita, Siracusa, Watanabe, Graham,
McCall, Salavea, and Alameda) and two absent and excused (Galdones and Springer).
REZ 05-006The Commission took this item up at 3:09 p.m. with
HOWARD (JR) AND approximately 9 people from the public in attendance.
NAPUA DELIMA
WAIAKEA,
SOUTH HILO
APPLICANTS: HOWARD (JR) AND NAPUA DELIMA (REZ 05-006)
Application for a Change of Zone for 45,800 square feet of land from a Single Family
Residential 10,000 square foot (RS-10) to a Limited Industrial 20,000 square foot (ML-20)
district.ThepropertiesarelocatedatthesouthwesterncorneroftheKalanikoaStreetHualani
Street intersection, Waiakea Houselots, South Hilo, Hawaii, TMK: 2-2-35: 9 and 10.
Mr. Darrow oriented the Commission and public of the subject and surrounding properties on the
locationmapandsiteplan,summarizedtherequest,andnotedletterssubmittedintotherecord
from Concept Development were in support of the application. He stated the Planning Director
isrecommendingafavorablerecommendationbesenttotheCountyCouncil.
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The applicants representative, Brian Nishimura, stated the applicant has received copies of the
Background and Recommendation and is agreeable to the proposed conditions of approval.
There was no one from the public wishing to testify on the application.
Commissioner Siracusa commented she would prefer that the applicants tear down the two
dilapidated houses and build new ones; however, she will vote in favor of the request because of
the circumstances that the houses are not in any condition to be used for human habitation and
because of the need for such a place for the plumbing business.
It was moved by Commissioner Iwashita and seconded by Commissioner Watanabe to send a
favorable recommendation on the change of zone application (REZ 05-006) based on the
Planning Directors recommendation and proposed conditions. Commissioner Iwashita
commented that he made the motion because there has been no opposition to the request, one
letterinsupportoftheproposalwasreceivedintotherecord,andtheGeneralPlandesignation
allows such a use. A roll call vote was taken and motion carried with seven ayes (Iwashita,
Watanabe, Graham, McCall, Salavea, Siracusa with reservations, and Alameda) and two absent
and excused (Galdones and Springer).
SPP 05-003The Commission took this item up at 3:47 p.m. with
WILLAM TURNER approximately 8 people from the public in attendance.
KEAAU,
PUNA
APPLICANT: WILLAM TURNER (SPP 05-003)
Application for a Special Permit to allow the establishment of a gun repair shop within portion of
an existing dwelling situated on 21,780 square feet of land within the State Land Use
Agricultural District. The property is located along the west side of Paradise Ala Kai Drive,
approximately 520 feet north of the Paradise Ala Kai Drive Kilika Road junction, Hawaiian
Paradise Park Subdivision, Keaau, Puna, Hawaii, TMK: 1-5-59:40.
Mr. Hayashi oriented the Commission and public of the subject and surrounding properties on
thelocationmapandsiteplan,summarizedtherequest,andnotedcorrespondenceswere
received from surrounding property owner Michael Harris expressing his concerns and the
HawaiianParadiseParkHomeownersAssociationBoardofDirectorsinsupportoftheproposed
use. He stated the Planning Director is recommending favorably on the application.
Commissioner Siracusa expressed confusion as it was her recollection that Paradise Park had a
masterplanwhichdesignatedcertainspecificareasforfuturecommercialdevelopment,
numerous applicants continue to submit change of zone applications to the Planning Commission
seekingtoputcommercialuseintoanareanotproperlyzoned,andtheParadiseParkHuiis
recommending approval of the subject request. She stated she did not feel really comfortable
with spot zoning a property when there is a community development plan, although she does
support home businesses, especially ones that are not intrusive.
Mr. Yuen explained that the Planning Department has been trying to get significant kinds of
commercial and light industrial uses into the areas designated in the General Plan; however, the
subject proposal is really like a home occupation where businesses that do not cause a problem
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generally are allowed in residential areas as an accessory to a home. He stated that the Zoning
Code says that in the ag district home occupations need to get a special permit
Commissioner Siracusa said the concern raised by Mr. Harris appears to be addressed as the
applicant has stated that there will be no firing of guns on the site, to which Mr. Hayashi pointed
out that Condition 10 states there will be no firing or selling of firearms on the premises.
The applicant, William Turner, and his wife, Jacqueline Gardner, were in attendance.
In response to Mr. Harris objections, Ms. Gardner noted that there are seven signed letters from
surrounding neighbors stating they have no objections to the application. She noted they did
receive the Planning Departments background report and recommendation and had no
objections to the proposed conditions.
InresponsetoCommissionerGrahamsinquiries,Mr.Turnerbrieflyexplainedthathegenerally
takes a gun apart to find out what is wrong and would repair or replace the gun part, and do some
cleaning. He said he does have polishing equipment for the gun, but he does not have anything
that would cause pollution to the neighborhood.
In response to Commissioner Salaveas inquiry, Ms. Gardner said they would need the Planning
Commissions approval for the special permit before they obtain the Federal Firearms approval;
and she clarified that there is a GE tax license but no business has been done as yet.
It was moved by Commissioner Iwashita and seconded by Commissioner Salavea that Special
Permit application (SPP 05-003) be approved based on the Planning Directors recommendation
and proposed conditions. There was no discussion on the motion. A roll call vote was taken and
motion carried with seven ayes (Iwashita, Salavea, Siracusa, Watanabe, Graham, McCall, and
Alameda) and two absent and excused (Galdones and Springer).
USE 05-003The Commission took this item up at 3:31 p.m. with
CAROL GAY approximately 8 people from the public in attendance.
COVINGTON
SOUTH HILO
APPLICANT: CAROL GAY COVINGTON (USE 05-003)
Application for a Use Permit to allow a 4-unit bed and breakfast establishment within an existing
dwelling situated within the Single Family Residential 7,500 square feet (RS-7.5) district. The
property is located at the eastern corner of Haili Street (465 Haili Street) and Halai Street, City of
Hilo, South Hilo, Hawaii, TMK: 2-3-21:12.
Mr.DarroworientedtheCommissionandpublicofthesubjectandsurroundingpropertiesonthe
location map and site plan, summarized the request, and noted that submitted into the record
werealetterfromPradeeptaChowdhurywhohadnoobjectionstotherequestandapetitionfor
standing in a contested case from James Kawamoto who later clarified that his intent was just to
submitsomethinginwritingthathehadnoobjections.HethenstatedthePlanningDirectoris
recommending favorably on the request.
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Ms. Covington stated several months ago when she began this process the Planning Department
suggested she consolidate Lots 17 and 18A as her home actually straddles the original lot line
and she questioned if this would be a condition of the granting of the use permit. Mr. Yuen said
he did not know how the house was split by a lot line and it is not a condition of the B&B
approval that the lots be consolidated.
For Ms. Covingtons information, Mr. Yuen said that if the house burned down and she wanted
to rebuild in the same configuration, the lots would have to be consolidated because she would
have to meet setback requirements. On the other hand, if the house burned down and she wanted
to build two houses, the lots would have to be subdivided because there would not be enough
space for two houses.
Ms. Covington said the house was built in 1933, and she suspected that two lots were purchased
and the house was constructed straddling both lot lines. She noted that the property is one parcel
fortaxpurposes,butdoeshavetwolotsassignedtoitinthesurveybooks.
Mr.Yuenstatedthat,atthistime,thePlanningDepartmentdoesnothaveastrongfeelingeither
way whether the lots are consolidated or not; and there is not a condition of approval that the
property remain consolidated.
The Director agreed with Commissioner Graham that Condition 7 should be deleted because
there are no time conditions to be complied with.
Ms. Covington stated Bill Shackenfield, her husband, agrees with her testimony.
The Chair called on George Leonard to testify, to which Ms. Covington stated he has left the
meeting.
It was moved by Commissioner Iwashita and seconded by Commissioner Siracusa that the
application (USE 05-003) be approved based on the Planning Directors recommendation and
proposed conditions, with the deletion of Condition 7. There was no discussion on the motion.
A roll call vote was taken and motion carried with seven ayes (Iwashita, Siracusa, Graham,
McCall, Salavea, Watanabe, and Alameda) and two absent and excused (Galdones and Springer).
SPP 05-013The Commission took this item up at 3:46 p.m. with
DIDIER FLAMENTapproximately 6 people from the public in attendance.
KEHENA,
PUNA
APPLICANT: DIDIER FLAMENT (SPP 05-013)
ApplicationforaSpecialPermittoallowa4-unitbedandbreakfastestablishmenton0.5acreof
land situated within the State Land Use Agricultural District. The property is located along the
northeastsideofKipukaStreet(12-118KipukaStreet),acrossfromtheKipukaStreetPunakai
Street intersection, Puna Beach Estates Subdivision,Kehena, Puna, Hawaii, TMK: 1-2-33:4.
Mr. Darrow oriented the Commission and public of the subject and surrounding properties on the
locationmapandsiteplan,summarizedtherequest,andnotedthePlanningDirectoris
recommending approval of the application, with conditions.
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The applicant, Didier Flament, stated he did review the Planning Departments Background
Report and Recommendation with conditions and had no questions at this time.
In response to Commissioner Siracusas inquiry, Mr. Flament said that the second floor is his
main bedroom and the other small bedroom between the B&B units will be used as a small office
and storage room. He did not think the 8 people from the B&B plus the two owners would
generate a considerable amount of traffic inasmuch they would usually be couples, and a
majority of their guests are tourists who would head out about mid-morning and return after
dinner when the general commuters would be off the road.
In response to Commissioner Grahams comment Mr. Darrow said it was unusual that one of the
units is in the auxiliary building and not the main residence, but it is something that could be
approved in relation to a special permit.
For Commissioners McCalls and Alamedas information, Mr. Yuen said the Department has
beenrecommendingbottledwaterforB&Bestablishmentsthatotherwiserelyonacatchment
system as a way of protecting the reputation of the visitor industry. He said although bottled
water is not regulated, the commercial brands of bottled water are not likely to have bacterial
contamination.
Commissioner Siracusa raised several questions, to which Mr. Flament said he was not sure of
the exact sequence when they got the building permits to do the auxiliary and main buildings
because when he bought the property it was under construction, and by then there were already
four separate permits issued, noting he simply had the permits transferred to his name. He said
given that they were in the Agricultural district, the auxiliary building had to be some sort of
storage shed, to which Ms. Siracusa commented the auxiliary building was pretty fancy for a
storage shed and she could live in a shed/building like that.
Mr. Darrow noted at the beginning it was very questionable whether or not the auxiliary building
could be used as an extension of the bed and breakfast operation; and it was concluded that it
could be if it was approved through the special permit.
Mr. Yuen said if the ag storage building was not approved as a habitable room, the Commission
would need to put in the catch-all condition that the applicant would have to secure appropriate
building permits for the structures. Mr. Darrow noted that a timeframe condition should be
included.
Mr. Yuen agreed with Commissioner Alameda that the Commission would have to impose a
condition which would require the applicant to submit a permit to change the use of the structure
to include a habitable room and that there is to be no kitchen.
Babette Ackin stated she supported the application.
Philip Maise, business partner, noted they were first thrown a loop because they hired someone
to change the use who came back with a set of blueprints that were signed by the Planning
Department that indicated they had an approved change of use on the auxiliary building already
in place. However, they were informed that they needed to receive approval from the
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Department of Public Works, Building Division, which they went through 11 months of
submitting and resubmitting plans to receive approval. He noted that as a chemical engineer, he
strives for safety, and he helped design what he felt was the safest catchment system in the State,
noting the food grade bag flown from in North Carolina has a NSF (national safety food) stamp.
He added that they will be purchasing ice and water for their specific purpose and have designed
two septic tanks for the safety of their guests.
For Commissioner Iwashitas information, Mr. Maise said the prior owner designed and
constructed the 900 square foot shed and the permit allowed 500 square feet on the second level
of the auxiliary two-story building for a guest suite with no kitchen. He clarified that the lower
half of that building is being used for storage of wheelbarrows and gardening equipment.
Mr. Yuen said the Planning Department allows an accessory guest bedroom of 500 square feet as
a detached element of the house and he did not understand how the 900 square feet got approved
withthe500feetdesignatedasanaccessoryuse.Mr.Maisesaidhadtheybeenabletodesign
the building themselves there would have been no way that it would have been over 500 square
feet, noting it would not be easy to remove anything or change the size of the house since the
building is on a lava rock foundation.
It was moved by Commissioner Iwashita and seconded by Commissioner Siracusa that the
application for a special permit docket No. SPP 05-013 be approved based on the Planning
Directors recommendation and proposed conditions. There was no discussion. Motion was
unanimously carried by a voice vote of seven ayes (Iwashita, Siracusa, Graham, McCall,
Salavea, Watanabe and Alameda) and two absent and excused (Galdones and Springer).
GEOTHERMAL ASSET The Commission took this item up at 4:12 p.m. with
FUND CLAIMone person from the public in attendance.
JAN MALASEK
KEAHIALAKA,
PUNA
CLAIMANT: JAN MALASEK
Geothermal Asset Fund Claim in the amount of $27,494.00 to compensate for a loss of income
from a orchard and nursery operation due to geothermal activity in the area. The property is
located at 13-683 Leilani Avenue, approximately 1600 feet south of the Leilani Avenue
Pohoiki Road intersection, Leilani Estates Subdivision, Keahialaka, Puna, Hawaii,
TMK: 1-3-28:18.
(SEE EXHIBIT C)
MINUTESAt 5:59 p.m., the Commission took up the following minutes:
July1,2005-ItwasmovedbyCommissionerSiracusaandsecondedbyCommissionerGraham
that the minutes be approved as circulated with corrections. Motion was unanimously carried by
avoicevoteofallCommissionersinattendance.
ADMINISTRATIVETheCommissiontookupthefollowingunderadministrative
MATTERSmatters:
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Status of appeals filed on Planning Commission decisions - Corporation Counsel Mr. Torigoe
stated he had nothing new to report.
ANNOUNCEMENT The following was made under announcement:
Mr. Hayashi announced that the next meeting is scheduled for Friday, August 26, 2005 at the
King Kamehameha Beach Hotel.
ADJOURNMENTThere being no further business, the Chair declared the meeting
adjourned at 6:05 p.m.
Respectfully submitted,
Sharon M. Nomura, West Hawai i Secretary
ATTEST:
Fred Galdones, Chairman
Planning Commission
Kimo Alameda, Second Vice-Chairman
Planning Commission
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