HomeMy WebLinkAbout2004-09-16 Planning Commission Minutes
PLANNING COMMISSION
COUNTY OF HAWAII
MINUTES
SEPTEMBER 16, 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:FredGaldonesABSENT & EXCUSED: C. Kimo Alameda
William GrahamEarl Fujikawa
Jeffrey McCall Francis Smith
Rene SiracusaBill Thibadeau
Hannah Springer
Ivan Torigoe, Deputy Corporation Counsel
Christopher J. Yuen, Planning Director
Norman Hayashi, Planning Program Manager
PhyllisFujimoto,StaffPlanner
Jeff Darrow, Staff Planner (Left at 1:15 p.m.)
The Chair introduced the Commissioners and staff to members of the public.
All those testifying were duly sworn in.
The Commission took this item up at 9:07 a.m. with
SP 04-001
approximately 10 people from the public in attendance.
MICHAEL AND
MISATO MORTARA
KEAAU,
PUNA
APPLICANT: MICHAEL AND MISATO MORTARA (SP 04-001)
Continued hearing, including discussions 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 theapplication for a Special Permit to allow the
establishment of an art studio on 39,608 square feet of land situated within the State Land
Use Agricultural District. The property is located between the Volcano Highway (State
Highway 11) and the old Volcano Road, approximately 200 feet west (Kau side) of Alii
Kane Street and approximately 1 mile east (Keaau side)ofthe Volcano Solid Waste
Transfer site, Royal Hawaiian Estates Subdivision, Keaau,Puna, Hawaii,
TMK: 1-1-17:88 and 89.
(SEEEXHIBITA)
1
The Chair called a short recess at 10:06 a.m.
RECESSED
The meeting reconvened at 10:15 a.m.
RECONVENED
The Commission took this item up at 10:15 a.m. with
SPP 03-018
approximately 13 people from the public in attendance.
SPECTRASITE
COMMUNICATIONS, INC.
KEAAU,
PUNA
APPLICANT: SPECTRASITE COMMUNICATIONS, INC. (SPP 03-018)
Request by the Planning Director that the Planning Commission conduct the contested
case hearing on the application ofSpectrasite Communications, Inc. rather than hire a
hearing officer since the Intervenors informed the Planning Department that they will not
be able to attend any scheduled hearing. The Special Permit application is to allow the
retention of an existing 200-foot telecommunications tower and antenna, communication
equipment building, four satellite dishes, generator and fuel tanks, and related
improvements. The property is located approximately 2.5 miles north of Highway 11, at
the corner of Kulani Road and South Road, Olaa Reservation Lots, Keaau, Puna, Hawaii,
TMK: 1-7-17:portion of 153.
(SEE EXHIBIT B)
The Commission took this item up at 10:27 a.m. with
SLU 03-006/REZ 03-014/
approximately10peoplefromthepublicinattendance.
SMA03-009
CONTINENTAL
PACIFIC, LLC
PEPEEKEO,
SOUTH HILO
APPLICANT: CONTINENTAL PACIFIC, LLC (SLU 03-006/REZ 03-014/
SMA 03-009)
Continued hearings on the following applications:
a.Application for a State Land Use Boundary Amendment for 4.182 acres of land
from the Agricultural to the Urban District.
b.Application for a Change of Zone for 13.478 acres of land from Limited
Industrial-20,000 square feet (ML-20), General Industrial-5 acres (MG-5a),
Village Commercial-10,000 square feet (CV-10) and Agricultural
20-acre (A- 20a) to Single Family Residential-20,000 square feet (RS-20) and
ML-20 districts.
c.Application for a Special Management Area (SMA)Use Permit to allow the
development of an 11-lot subdivision, including portion of a roadway lot,and
related improvements.
2
The area involved includes the former Hilo Coast Processing Mill complex and
surrounding former sugar cane lands at Pepeekeo, South Hilo, Hawaii, TMK: 2-8-07:
portions of 1 and 53.
(SEE EXHIBIT C)
The Commission took this item up at 12:25 a.m. with
SMA 03-016
approximately 12 people from the public in attendance.
CONTINENTAL
PACIFIC, LLC
PEPEEKEO,
SOUTH HILO
APPLICANT: CONTINENTAL PACIFIC, LLC (SMA 03-016)
Application for a Special Management Area (SMA) Use Permit toallow the development
of an 11-lot subdivision, ranging in sizes from 2.0 acres to 5.6 acres, and related
improvements. The area involved is located approximately 1,900 feet south of the Hilo
Coast Processing Co.s Power Plant and about 150 feet east (mauka) of the shoreline,
Pepeekeo, South Hilo, Hawaii, TMK: 2-8-08: portion of 100.
(SEE EXHIBIT D)
The Chair called a short recess at 1:15 p.m.
RECESSED
The meeting reconvened at 2:37 p.m.
RECONVENED
The Commission took this item up at 2:37 p.m. with
REZ 04-014
two people from the public in attendance.
AUTOMOTIVE
SUPPLY CENTER, LTD.
WAIAKEA,
SOUTH HILO
APPLICANT: AUTOMOTIVE SUPPLY CENTER, LTD. (REZ 04-014)
Change of Zone for 22,300 square feet of land from a Single Family Residential -10,000
square foot (RS-10) to an Industrial - Commercial Mixed 20,000 square foot (MCX-20)
district. The property is located along the south side of Lanikaula Street, approximately
200 feet west of the Lanikaula Street - Kanoelehua Avenue intersection, and one lot west
of Leungs Chop Suey House, Waiakea, South Hilo, Hawaii, Tax Map Key (3) 2-2-49:26.
Mr. Hayashi 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.
The applicants representative, Sidney Fuke, stated that the staffs background report and
recommendation were acceptable to the applicant.
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Ms. Siracusa said she had a concern on the amount of traffic this business generates and
suggested a right-hand turn only out of the parking lot, noting the applicants do have
access currently from another location.
Mr. Fuke spoke of the need for the expansion and noted the applicant wishes to maintain
the existing orientation of the area, which is primarily towards automobiles. He said they
did look at the Police Departments comment about limiting left-turn movements;
however, they felt what is being asked right now is sufficient given the existing traffic
pattern, the Countys requirement of curbs, gutters, and sidewalks, and there is a high
level of visibility since the roadway is relatively straight. He said if the property were
located on a Kawili Street type of intersection where you have all movements, then the
issue raised on a limited access would probably be very germane and other things may
need to be done; however, Lanikaula Street basically does not allow for a full cross
movement, wherein if one were on Lanikaula Street at Leungs the only movement is
basicallyarightturn.
InresponsetoCommissionerSpringerssolicitationforcomments,Mr.Yuensaidthe
Planning Department did not impose a condition to limit the turning movements, given
that the Department of Public Works did not request any special accommodations.
There was no one from the public wising to testify on this agenda item.
It was moved by Commissioner Springer and seconded by Commissioner McCall to send
a favorable recommendation to the County Council for the reasons and with the
conditions recommended by the Planning Director. Commissioner Graham said
although he did not know this intersection well enough to offer any real substantive
comments, his remarks were that generally he feels the Police Departments comments
have merit, but as the Director indicated theDepartment of Public Works has a stronger
voice; process wise it was okay to support the request; and if first-hand experience tells
you it is not the right thing to do, then one needs to stay with what you know. A roll call
vote was taken and motion carried with five ayes (Springer, McCall, Siracusa, Graham
and Galdones) and four absent and excused (Alameda, Fujikawa, Smith, and Thibadeau).
The Commission took this item up at 2:48 p.m. with
REZ 04-015
two people from the public in attendance.
ISLAND OHANA
DENTAL
WAIAKEA,
SOUTH HILO
APPLICANT: ISLAND OHANA DENTAL (REZ 04-015)
ChangeofZonefor22,300squarefeetoflandfromaSingleFamilyResidential10,000
square foot (RS-10) to an Industrial Commercial Mixed 20,000 square foot (MCX-20)
district.ThepropertyislocatedalongthenorthsideofLanikaulaStreet,approximately
100 feet west of the Lanikaula Street Kanoelehua Avenue intersection, adjacent to and
westoftheOsakaRestaurantbuilding,andalsodiagonallyacrossfromLeungsChop
Suey House, Waiakea, South Hilo, Hawaii, Tax Map Key (3) 2-2-37:31.
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Mr. Hayashi 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.
In response to Commissioner Springers inquiries, Mr. Hayashi noted that this particular
request would fit into this area of a mix of commercial and industrial/commercial uses
and the current General Plan shows the industrialdesignation up until Kalanikoa Street,
and perhaps extending one tier along Kalanikoa Street on the mauka side.
The applicants representative, Sidney Fuke, stated the staffs background report and
recommendation were acceptable.
In response to Commissioner Siracusas inquiry, Mr. Fuke complimented Commissioner
SiracusaandthePlanningStaffinpickinguphiserror,whereinPage12,ItemB,third
line, automotive retail store should reflect a dental office. He said the property is
currently vacant, there is an abandoned dwelling or old shed, and the old lychee and
avocado trees will be replace with landscaping pursuant to Chapter 17 of the Planning
Departments rules, noting landscaping along the section that abuts a residentially-zoned
area becomes critical. He said if the 5/8 water meter is not sufficient, the applicant
would have to purchase a 1 meter to service the subject property, noting Condition B
requires the applicant to obtain the required water commitments within 90 days. He
added that a solid waste management plan shall be submitted to and approved by the
Department of Environmental Management; however, the applicant does not want it
specifically articulated in the conditions at the present time in case the project turns out
not necessarily to be a dental office but a planning consultants office.
Mr. Fuke agreed with Mr. McCall that those in the medical profession would have to
abide by State Department of Health regulations to accommodate medical wastes, etc.
In response to Commissioner Grahams inquiry, Mr. Fuke said if they do not have the
sufficient width to accommodate their proposed traffic layout of a one-way in and one-
way out type of system, they would have to propose another plan that would have to meet
with the approval of the Department of Public Works.
It was moved by Commission Springer and seconded by Commissioner McCall to send a
favorable recommendation to the County Council for the reasons and with the conditions
as recommended by the Planning Director, with a typographical correction to proposed
Condition B after the words 90 days change form to from. A roll call vote was
taken and motion carried with five ayes (Springer, McCall, Siracusa, Graham and
Galdones) and four absent and excused (Alameda, Fujikawa, Smith, and Thibadeau).
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The Commission took this item up at 3:00 p.m. with
REZ 04-016
two people from the public in attendance.
BETTY WUNG
WAIAKEA
ND
HOMESTEADS 2 SERIES,
SOUTH HILO
APPLICANT: BETTY WUNG (REZ 04-016)
Change of Zone for approximately 2.511 acres of land from an Agricultural 3-acre (A-3a)
to a Single-Family Residential 15,000 square feet (RS-15) district. The property is
located along the south side of Haihai Street, approximately 600 feet from the Haihai
Street - Kupulau Street intersection and across from Hoaloha Street, Waiakea
nd
Homesteads 2 Series, South Hilo, Hawaii, TMK: 2-4-38: 16.
Mr. Hayashi 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.
In response to Commissioner Siracusas inquiry, Mr. Hayashi said the private driveway
will be situated on the east property line, and a map and layout of the proposed
subdivision was sent to the adjoining property owners.
Commissioner Graham noted that in the subdivisions above, everything seems planned
and orderly where the streets all intersect, etc., and below it appears to be a mishmash;
and he then questioned whether the Planning Department had any tools to bring out an
orderlygrowth,oritwasjustthewayalldevelopmentstakeplaceifthereisnotonebig
property owner. Mr. Yuen said it was good point but he did not have a solution for the
way the ownerships are laid out.
In response to Commissioner McCalls comment, Mr. Hayashi noted that the Council
deleted the Planning Commissions proposed condition for the Yamada rezoning to have
their driveway access intersect with Hanohano Street.
Commissioner Siracusa said although the subject property is not classified as prime or
unique agricultural land, the soil study indicates the land could be fairly productive for
specific types of crops, adding she was having difficulty allowing agricultural lands to be
urbanized and paved over. Mr. Yuen said although Commissioner Siracusa had a very
legitimate concern, the property is designated for urban expansion in the General Plan.
The applicants representative, Sidney Fuke, gave some background information and
noted the intent is to do a 6-lot subdivision. He said they would like to leave the
discretion on aligning their driveway access to Haihai Street with the Department of
Public Works inasmuch as it may be deemed more appropriate to have the road on the
makai side to enable a possible north/south type of connection if and when the adjoining
property on the makai side begins to develop. He said the applicant does not intend to do
mass grading of the property, noting the existing citrus trees add to the value of the
potential lots.
6
Jeff Scofield, adjoining property owner, noted his concerns about increased traffic, noise,
safety for his two young children, and no provision for a buffer zone or any landscaping.
He pointed out that the previous owner of his property built a rockwall on the property in
question in error, and he was concerned that the rockwall would come down to build the
roadway. He said when he found out about this plan, he contracted someone to do some
plantings on his property, but unfortunately that person contracted has been hospitalized
and been unable to do the work. He noted that the back of his house to the edge of his
property is approximately 30 feet.
In response to Commissioner Siracusas inquiry, Mr. Fuke said the Code requires a
minimum right-of-way of 20 feet with a 16-foot pavement for a subdivision of six or less
lots; and as the applicant, per his engineer, is proposing a 32-foot wide right-of-way, they
would have no objections if the Commission wishes to impose a minimum 6-foot wide
landscapedbufferalongthepropertylineadjoiningMr.Scofieldsproperty.Mr.Fuke
agreed with Mr. Yuen that it would make sense to run the road on the makai side so that
when the adjacent lot owner decides to develop they will share a common access out to
Haihai Street. Commissioner Siracusa felt if the roadway is to go on the mauka side a
condition should be imposed that there be a landscaping buffer.
Mr. Fuke noted that if the road is on the makai side of the property, Mr. Scofields
concern of quality of life disappears.
For Commissioner McCalls information, Mr. Hayashi noted that the subdivision owners
would own, maintain and assume liability of the roadway lot.
Mr. Fuke referred to a fatality where the driver ran a stop sign thinking the road was a
through street. Commissioner Siracusa said that potential misconception could be
mitigated by having the developer put a private drive sign at his entrance, to which
Mr. Fuke said there were different ways to accommodate that situation.
The Director and Mr. Fuke agreed with Commissioner McCalls suggestion of a 6-foot
landscaped buffer if the roadway is on the mauka boundary.
Commissioner Graham informed Mr. Scofield that the Planning Commission is an
advisory body and the County Council makes the final decision; and he then suggested
Mr. Scofield obtain the support of other landowners in the area in case he needs to make
a case before the County Council.
Mr. Hayashi then suggested a friendly amendment to Condition B by changing the word
form to from after the words 90 days.
7
It was moved by commissioner Springer and seconded by Commissioner McCall 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:
B.The applicant shall submit the required water commitment payment to the
Department of Water Supply in accordance with its "Water Commitment
Guidelines Policy" within ninety (90) days from the effective date of this
change of zone.
F.Provide a minimum six-foot high landscaping buffer on the makai (east)
side of the subject property.
A roll call vote was taken and motion carried with five ayes (Springer, McCall, Siracusa,
Graham, and Galdones) and four absent and excused (Alameda, Fujikawa, Smith, and
Thibadeau).
TheChaircalledashortrecessat3:32p.m.
RECESSED
The meeting reconvened at 3:42 p.m.
RECONVENED
The Commission took this item up at 3:42 p.m. with
REZ 04-019
two people from the public in attendance.
WKSP LIMITED
PARTNERSHIP
WAIAKEA,
SOUTH HILO
APPLICANT: WKSP LIMITEDPARTNERSHIP (REZ 04-019)
Change of Zone for approximately 59,356 square feet of land from a Neighborhood
Commercial 10, 000 square feet (CN-10) to an Industrial Commercial Mixed 20,000
square feet (MCX-20) district. The property is the site of the existing Waiakea Kai
Shopping Plaza located at the northwest corner of Kanoelehua Avenue (State
Highway 11) and Kuawa Street, Waiakea, South Hilo, Hawaii, TMK: 2-2-32:93.
Mr. Hayashi oriented the Commission and public of the subject and surrounding
propertiesonthelocationmapandsiteplan,summarizedtherequest,andnotedthe
Planning Director recommended approval of the application with conditions.
For Commissioner McCalls information, Mr. Hayashi and Mr. Yuen explained some of
theusesallowedwithintheCNandMCXzoneddistricts.Mr.Hayashinotedtheentire
property is paved, the parking stalls were striped, and trees are used for landscaping
withinandborderingtheproperty.
Mr.FukestatedhedidreceivethePlanningDepartmentsbackgroundreportand
recommendation, and the proposed conditions were acceptable to the applicant.
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Referring to Commissioner McCalls inquiry, Mr. Fuke indicated the types of uses that
would not be allowed in the commercial/neighborhood zone were such things as a bar, a
motorcycle shop, and a woodcrafting area. Henoted that before the 1960 tidal wave, this
area had a thriving community; subsequently,however, the CN zone in this particular
area is functionally obsolete.
There was no one from the public wishing to testify on this agenda item.
It was moved by Commissioner Springer and seconded by Commissioner McCall to
forward a favorable recommendation to the County Council for the reasons and with the
conditions recommended by the Planning Director. Commissioner Graham questioned
the rationale for Condition C, securing final plan approval, since there is no plan
proposed at this time. Mr. Hayashi noted this condition would apply if additions are
made to the existing structure; and Mr. Yuen noted this condition should probably be
deletedsincetheapplicantwouldbeoutofcompliancewiththeZoningCodeifhedoes
work within the existing and that work does not require plan approval. There was a
discussion on deleting other conditions that referred to time limitations. The maker of
the motion and seconder agreed to an amendment to the motion to delete Conditions B,
C, K and L. A roll call vote was taken on the motion, as amended, and it was carried
with five ayes (Springer, McCall, Siracusa, Graham and Galdones) and four absent and
excused (Alameda, Fujikawa, Smith and Thibadeau).
The Commission took this item up at 3:49 p.m. with
REZ 04-021
approximately two people from the public in attendance.
GLENN AHUNA
WAIAKEA,
SOUTH HILO
APPLICANT: GLENN AHUNA (REZ 04-021)
Change of Zone for approximately9,367 square feet of land from a Single Family
Residential 10,000 square feet (RS-10) to a Residential Commercial Mixed Use
10,000 square feet (RS-10) district. The property is located along the south side of
Mohouli Street, approximately 83 feet west of the Mohouli Street Kinoole Street
intersection,Waiakea,SouthHilo,Hawaii,TMK:2-2-21:30.
Mr.HayashiorientedtheCommissionandpublicofthesubjectandsurrounding
properties on the location map and site plan, summarized the request, and noted the
PlanningDirectorrecommendedapprovaloftheapplicationwithconditions.
InresponsetoCommissionerGrahamsinquiry,Mr.Hayashinotedthattheagenda
should read the change is from an RS-10 to RCX-10 zoned district and there should not
beapublicnoticeproblemastheagendadoesstateResidentialCommercialMixed
Use.
Mr. Hayashi said the applicant intends to just renovate the existing dwelling and not
necessarily make any kind of substantial improvements to the property.
9
In response to Commissioner Springers inquiry, Mr. Yuen said Mr. Ahuna can live in
the existing dwelling and have his office as a home occupation with one employee
without changing the RS zoning designation. He said he suspects Mr. Ahuna wants to
change the zoning designation to RCX because he does not want to live in the dwelling
and wants to open an office; he noted, however, if Mr. Ahuna changes his mind he could
still live in the dwelling since it is designated RCX.
For Commissioner McCalls information, Mr. Yuen said one can conduct a home
occupation (i.e., offices for an engineer, accountant, consultant, or beautician) within a
home or accessory building on a residentially zoned land, with certain restrictions such as
no exterior signage. He noted there are certain things that are prohibited from being a
home occupation, such as an auto body shop where it can only be done in the industrial
zones. He added a special permit would be required if the land is in the Agricultural
District, noting his unsuccessful attempts to have a bill passed in the Legislature that
wouldalloweachcountytoallowhomeoccupationsintheAgriculturalDistrictsunder
County zoning.
The applicants representative, Sidney Fuke, said Mr. Ahuna has reviewed the
background report and recommendation and found them to be accurate. He added that as
the existing dwelling is a very small structure, Mr. Ahunas long-term plan is to have his
office in the existing dwelling and build his retirement home somewhere else.
For Commissioner Siracusas information, Mr. Fuke noted that the big concrete channel
alongside the property is really a flood channel. He said during rains the water from the
Waiakea Uka area flows into this channel and then eventually out to Wailoa Pond.
There was no one from the public wishing to testify on this agenda item.
It was moved by Commissioner Springer and seconded by Commissioner McCall to send
a favorable recommendation to County Council for the reasons and with the conditions
recommended by the Planning Director. A roll call vote was taken and motion carried
with five ayes (Springer,McCall, Siracusa, Graham and Galdones) and four absent and
excused (Alameda, Fujikawa, Smith, and Thibadeau).
The Commission took this item up at 4:08 p.m. with
SPP 04-011
no one from the public in attendance.
CHARLES AND
JELENA CLAY
HONOMU,
SOUTH HILO
APPLICANT:CHARLESANDJELENACLAY(SPP04-011)
Special Permit to allow establishment of a construction and an art business, including
teaching,publicdisplayandsalesofartproducts,ona26,350squarefootareawithinthe
State Land Use Agricultural District. The property is located 490 feet south of Akaka
FallsRoadandapproximately2mileseast(mauka)ofHonomuVillage,Honomu,South
Hilo, Hawaii, TMK: 2-8-11: portion 23.
10
Mr. Hayashi 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.
The applicant, Jelena Clay, stated she didreceive the background report and
recommendation, and noted the various plants grown on the property.
Mr. Yuen, at this time, amended Condition No. 5 to limit the size of the two signs to
8 square feet each, to which Ms. Clay had no objections.
Upon Commissioner Grahams inquiry, staff recommended the deletion of Condition
No. 8 regarding a time extension.
In response to Commissioner McCalls inquiry, Ms. Clay said that they are living on the
propertywhileconstructingthestructuresincetheyhavehadfourtheftsofover$6000
worth of construction materials. Mr. Darrow indicated on the location map the
approximate location of the structure being built and the steam within the area.
It was moved by Commissioner Springer and seconded by Commissioner McCall that the
application be approved based on and incorporating the Planning Directors
recommendation with Condition No. 8 deleted and Condition No. 5 amended to read as
follows: Only two signs shall be allowed for the request: one small sign along Akaka
Falls Road and one sign fronting the structure for the construction/art business. Each
sign shall be no larger than 8 square feet. A roll call vote was taken and motion carried
with five ayes (Springer, McCall, Siracusa, Graham and Galdones) and four absent and
excused (Alameda, Fujikawa, Smith, and Thibadeau).
MINUTESThe Commission took up the following at 4:20 p.m.
July 16, 2004 It was moved by Commissioner Springer and seconded by Commissioner
Graham that the minutes be approved as circulated. Motion was unanimously carried by
a voice vote of all Commissioners in attendance.
ADJOURNMENTThere being no further business, the Chair declared the
meeting adjourned at 4:21 p.m.
Respectfully submitted,
Sharon M. Nomura, Secretary
ATTEST:
Fred Galdones, Chairman
PlanningCommission
HawaiiCountyisanEqualOpportunityProviderandEmployer
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