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Home My WebLink About2004-10-22 Planning Commission Minutes PLANNING COMMISSION COUNTY OF HAWAII MINUTES OCTOBER 22, 2004 The Planning Commission met in regular session at 9:05 a.m. in the County Building, Councilroom - Room 201, 25 Aupuni Street, Hilo, Hawaii, with Chairman Fred Galdones presiding. PRESENT:Fred GaldonesABSENT & EXCUSED: Bill Thibadeau C. Kimo Alameda Earl Fujikawa William Graham JeffreyMcCall Rene Siracusa Francis Smith Hannah Springer 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. Regarding Ainaloa Development Corporation (SPP No. 827/UP No. 106), the Commission continued this matter until the presence ofthe applicants attorney, Sandra Song, who was currently in court, as there were no objections from the parties or the public. SPP 03-018The Commission took this item up at 9:02 a.m. with SPECTRASITE approximately 8 people from the public in attendance. COMMUNICATIONS, INC. KEAAU, PUNA APPLICANT: SPECTRASITE COMMUNICATIONS, INC. (SPP 03-018) ContestedcasehearingontheapplicationofSpectrasiteCommunications,Inc.foraSpecial Permit to allow the retention of an existing 200-foot telecommunications tower and antenna, communicationequipmentbuilding,foursatellitedishes,generatorandfueltanks,andrelated improvements. The property is located approximately 2.5 miles north of Highway 11, at the cornerofKulaniRoadandSouthRoad,OlaaReservationLots,Keaau,Puna,Hawaii, TMK: 1-7-17:portion of 153. (SEE EXHIBIT A) 1 SPP NO. 827/UP NO. 106The Commission took this item up at 9:33 a.m. with AINALOA approximately 10 people from the public in attendance. DEVELOPMENT CORPORATION KEAAU, PUNA APPLICANT: AINALOADEVELOPMENT CORPORATION (SPP NO. 827/UP NO. 106) Discussion and action on the Hearing Officers proposed Findings of Fact, Conclusions of Law, and Decision and Order, and any exceptions and /or oral arguments of the parties on the following requests: a.5-year time extension to Condition 2 (secure plan approval) of Special Permit No.827, which allowed an expanded golf clubhouse, recreational facilities, and related improvements on 7+ acres of land situated within the StateLandUse Agricultural District. b.5-year time extension to Condition 3 (secure plan approval), deletion of Condition 6 (intersection improvements), amend Condition 7 (roadway improvement), and Condition 9 (community benefitprogram) of Use Permit No. 106, which allowed the development of an 18-hole golf course and related improvements on 200 acres of land zoned Agricultural (A-1a). The property is located along Ainaloa Boulevard at the extreme northwestern (mauka) end of Ainaloa Subdivision, approximately 3.7 miles from Highway 130, Keaau, Puna, TMK: 1-6-04:21 and 57. (SEE EXHIBIT B) REZ 04-023The Commission took this item up at 12:19 p.m. with FAY MACHIELSE AND 4 people from the public in attendance. MARK DZIATKO KAPOHO, PUNA APPLICANTS: FAY MACHIELSE AND MARK DZIATKO (REZ 04-023) Change of Zone for 4.861 acres from an Open (O) to a Family Agricultural 2-acre (FA-2a) district. The property is located at the eastern end of Ililani Road and approximately 0.6 mile fromtheIlilaniRoadKapohoBeachLotsRoadintersection,VacationlandHawaiiSubdivision, Unit II, Kapoho, Puna, Hawaii, TMK: 1-4-73:1. Mr. Hayashi oriented the Commission and public of the subject and surrounding properties on thelocationmapandsiteplan,summarizedtherequestandnotedthePlanningDirector recommended approval of the application with conditions. In response to Ms. Siracusas inquiries, Mr. Hayashi indicated on the presentation map the locationoftheKapoholavaflowinrelationshiptothesubjectpropertyandclarifiedthe Department of Water Supplys October 7, 2004 comment that they would be able to provide waterservicetoaccommodateonlyonesinglefamilydwellingandnottwosinglefamily dwellings or two lots if the property is subdivided. 2 In response to Commissioner Springers inquiry, Mr. Hayashi stated that the rezoning map would have to be revised to indicate that the subject property is on Ililani Road and not Halepueo Road. The applicant, Fay Machielse, stated she did receive a copy of the background report and recommendation. There was no one from the public wishing to testify on this agenda item. Mr. Hayashi, at this time, recommended a new Condition C regarding the dwelling to be constructed within 5 years; realphabetizing of remaining conditions; and the newly realphabetized Condition F (former Condition E) regarding applicable laws, rules, regulations and requirements to be amended. Ms. Machielse had no comments on the proposed amendments to the conditions. In response to Commissioner Alamedas inquiry regarding proposed Condition D, Mr. Hayashi saidtheapplicant,onhishonor,wouldhavetonotifythePlanningDepartmentandStateHistoric Preservation Division of any remains found on the subject property. Mr. Yuen added that the State Historic Preservation Division, in certain instances, has required cultural monitors during bulldozing operations in sensitive areas. It was moved by Commissioner Springer and seconded by Commissioner Fujikawa to send a favorable recommendation to the County Council for the reasons and with the conditions recommended by the Planning Director, with the following amendments: (1) Condition C to read, The proposed single family dwelling shall be constructed within 5 years from the effective date of this ordinance. (2) The remaining conditions realphabetized accordingly. (3) The new Condition F or former the Condition E revised to read, The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. A roll call vote was taken and motion carried with eight ayes (Springer, Fujikawa, Graham, McCall, Siracusa, Smith, Alameda and Galdones) and one absent and excused (Thibadeau). RECESSEDThe Chair recessed the meeting at 12:35 p.m. RECONVENEDThe meeting reconvened at 2:04 p.m. USE 04-004The Commission took this item up at 2:04 p.m. with LOUIS AND HELENA approximately 12 people from the public in attendance. DEETMAN WAIAKEA, SOUTH HILO APPLICANTS: LOUIS AND HELENA DEETMAN (USE 04-004) UsePermittoallowtheestablishmentofaChurchandrelatedimprovementson2.73acresof land within the Agricultural 3-acre zoned district. The property is located along the south side of LamaStreet,approximately660feeteastoftheLamaStreetAwaStreetintersection,Panaewa House Lots, Waiakea, South Hilo, Hawaii, TMK: 2-2-51:9. 3 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 recommended approval of the application with conditions. He pointed out that no letters of opposition were received into the record and the applicants had said that they will have several representatives for todays meeting since they, themselves, are traveling to Indonesia. For Commissioners information, Mr. Darrow noted the standard setbacks are 30 feet for the front and rear and 20 feet for the side yards; however, the Planning Department is recommending a 50-foot setback from all property lines to mitigate impacts, such as noise and visual, to surrounding property owners. The applicants representatives, Jana Cornella, Earl Nakasato, Daniel Costales, and Tommy Crabb, were in attendance. Mr. Crabb noted that their Church currently is holding their services (bible study during the week andmorningservicesonSunday)attheHiloHawaiianHotel,andtheyhavebeenlookingfora place to build their sanctuary for several years. Mr. Nakasato noted that the church members are long-time residents of Hawaii, they were a very traditional and conservative group that do not make a lot of noise, and they were not a cult group. In response to Director Yuens inquiry, Mr. Crabb said they were aware of the fire flow issue but felt they could overcome that concern by having a catchment system. Mr. Yuen noted that the only major concern was the fire flow issue. He said he was aware that the Fire Department has allowed water tanks to satisfy the fire flow requirement, rather than extending the waterline, which would be extremely expensive. th Upon Mr. Yuens recommendation, Mr. Darrow suggested an amendment to the 4 sentence in Condition 2 to clarify that the water tank would not be subject to the 50-foot setback. Mr. Yuen clarified that the placement of the water tank still had to abide by the minimum setback required by the County Code. For Commissioner McCalls information, Mr. Darrow pointed out that Condition No. 4 requires theapplicanttoprovidefireprotectionmeasuresmeetingwiththeapprovaloftheFire Department prior to the issuance of a certificate of occupancy. He noted the Fire Department Inspectorhasstatedthattheactualsizeofthewatertankcannotbedetermineduntiltheplansfor the structure is submitted. There was no one from the public wishing to testify on the application. It was moved by Commissioner Springer and seconded by Commissioner Smith that the applicationbeapprovedforthereasonsandwiththeconditionsrecommendedbythePlanning th Director with the 4 sentence in Condition 2 amended to read, Plans shall indicate a minimum 50-footsetbackfromallpropertylinesfortheproposedchurchfacilities,excludingthewater 4 tank. A roll call vote was taken and motion carried with eight aye (Springer, Smith, Alameda, Fujikawa, Graham, McCall, Siracusa, and Galdones) and one absent and excused (Thibadeau). SPP 04-012)The Commission took this item up at 2:17 p.m. with PACIFIC QUEST approximately 10 people from the public in attendance. CORPORATION HONUAPO, KAU APPLICANT: PACIFIC QUEST CORPORATION (SPP 04-012) Special Permit to allow the establishment of a Special Treatment Facility for Youth on a 7.8-acre area situated within the State Land Use Agricultural District. The property is located along the north side of Kaalaiki Road, approximately 6,500 feet mauka of State Highway 11 and Honuapo Park (Whittington Park), Honuapo, Kau, Hawaii, TMK: 9-5-15:15. (SEE EXHIBIT C) RECESSEDThe Chair called a short recess at 4:10 p.m. RECONVENEDThe meeting reconvened at 4:21 p.m. AMENDMENT TOThe Commission took this item up at 4:21 p.m. with ZONING CODE3 people from the public in attendance. PLANNING DIRECTOR COMMERCIAL EXCAVATION INITIATOR: PLANNING DIRECTOR Amendment to Section 25-5-152(a) of Chapter 25 (Zoning Code), Hawaii County Code, by including "commercial excavation" as a permitted use within the General Industrial (MG) district. (SEE EXHIBIT D) At 4:31 p.m., the Commission took up the matter on the Special Meeting Agenda, Doutor Coffee Hawaii Co., Inc. (SPP NO. 1215). At 5:05 p.m. the Commission continued on with its listed agenda items. MINUTESThe Commission took up the following minutes: September 16, 2004 - The Commission deferred approval of the minutes to a future meeting. ADMINISTRATIVEThe Commission took up the following agendized item MATTERat5:06p.m. StatusofappealsfiledonPlanningCommissiondecisions-CorporationCounselMr.Torigoe noted he has nothing to report on this matter. 5 ANNOUNCEMENTSThe Commission took up the following under announcements at this time, 5:07 p.m. Planning Commission Meetings Mr. Hayashi noted that subsequent Commission meetings thnd were scheduled for November 5 at the King Kamehameha Beach Hotel in Kona, December 2 rdth and 3 at the Hapuna Prince in South Kohala, and December 17 in the Aupuni Center th Conference Room in Hilo. He noted the November 19 meeting has been cancelled. ADJOURNMENTThere being no further business, at 5:08 p.m., it was moved by Commissioner Springer and seconded by Commissioner Fujikawa that the meeting be adjourned. Motion was unanimously carried by a voice vote of all Commissioners in attendance. Respectfully submitted, Sharon M. Nomura, Secretary A T T E S T: Fred Galdones, Chairman Planning Commission HawaiiCountyisanEqualOpportunityProviderandEmployer 6