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Home My WebLink About2004-07-16 Planning Commission Minutes PLANNING COMMISSION COUNTY OF HAWAII MINUTES JULY 16, 2004 The Planning Commission met in regular session at 9:00 a.m. in the King Kamehameha's Kona Beach Hotel, Kamakahonu Ballroom, 75-5660 Palani Road, Kailua-Kona, Hawai i, with Chairman Fred Galdones presiding. PRESENT:Fred Galdones ABSENT & EXCUSED: Jeffrey McCall Christian Alameda Earl Fujikawa Bill Graham FrancisSmith Hannah Springer Bill Thibadeau Pat OToole, Deputy Corporation Counsel Christopher J. Yuen, Planning Director Norman Hayashi, Planning Program Manager Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner Kiran Emler representing Department of Public Works The Chair introduced the Commissioners and staff to members of the public. USE 04-002The Commission took this item up at 9:02 a.m. with SHAWN NAKAKURA approximately 10 people from the public in attendance. AND SAM LEE ND AUHAUKEAE 2, NORTH KONA APPLICANT: SHAWNNAKAKURA AND SAM LEE (USE 04-002) Adoption of Proposed Findings of Fact, Conclusions of Law and Decision of Order for a Use Permit to allow the operation of a cremation business within portion of a warehouse building situated within the Limited Industrial 1-acre (ML-1a) district. The property is located along the north side of Hukiloa Drive within the Kohanaiki Business Park Subdivision which is situated nd along the east side of Queen Kaahumanu Highway (Highway 19), Auhaukeae 2, North Kona, Hawaii, TMK: 7-3-58:28. Ms. OToole said the Commission heard the contested case as a whole and voted to grant the permit.Shesaidalthoughshewasnotpresentatthecontestedcase,shedidpreparetheproposed findings of fact, conclusions of law and decision and order, and the Commission should make anycorrectionstothem,iftheywished. CommissionerGrahamsuggestedacorrectiontoPage6,Itemd,thelastsentencetobemore reflective of the Commissions decision. 1 The applicant, Sam Lee, was in attendance. He stated he did have the opportunity to review the proposed findings of fact, conclusions of law and decision and order and had no comments to offer. There was no one from the public wishing to testify on this agenda item. It was moved by Commissioner Graham and seconded by Commissioner Smith that the Commission adopt the proposed findings of fact, conclusions of law and decision and order, with an amendment to Page 6, Item d, the last sentence to read, The Planning Commission finds that potential impacts on cultural and traditional practices are adequately addressed in the proposed development. A roll call vote was taken and motion carried with seven ayes (Graham, Smith, Alameda, Fujikawa, Springer and Thibadeau, and Galdones) and one absent and excused (McCall). SPPNO.903TheCommissiontookthisitemupat9:08a.m.with LAMOCALM, LLCapproximately 12 people from the public in attendance. dba KONA SEAFOOD ND KEEI 2, SOUTH KONA APPLICANT: LAMOCALM, LLC dba KONA SEAFOOD (SPP NO. 903) Amendment to Special Permit No. 903, which allowed the establishment of a wholesale and retail seafood outlet on approximately 14,000 square feet of land situated within the State Land Use Agricultural District. The request is to allow the sale of beer and wine within the existing establishment. The property is the site of the existing Kona Seafood facility situated on the nd mauka side of Mamalahoa Highway, Keei 2, South Kona, Hawaii, TMK: 8-3-13: portion of 10. Mr. Darrow oriented the Commission andpublic of the subject and surrounding properties on the location map and site plan, and summarized the request. He noted the Planning Director recommended approval of the application with conditions, with Condition No. 6 amended to read, The sale of beer and wine is allowed within the premises, and previous Condition No. 6 renumbered to Condition No. 7. Commissioner Springer questioned whether this application is just for the sale of beer and wine andifconsumptionofthebeveragesisanticipatedonthesite.Mr.Darrowsaiditwasjustfor the sale of beer and wine. Commissioner Graham said the benefit of having the store is that the residents would not have to maketwostops;however,hequestionedthelocationofthosetwosmallstoresandthezoning designations for those properties. Mr. Darrow said one store is within 500 feet of the subject propertyandtheotherstoreiswithinamile,butunfortunatelyhewasnotsureofthezoningfor those two stores (HY and Patels). The applicants representative, Kenneth Lee, said he had no questions or comments on the Planning Departments background report or recommendation. 2 In response to Commissioner Fujikawas inquiry, Mr. Lee said previously there was a grocery store directly across the street from the subject property that sold beer and wine, but that store is no longer in operation. In response to Commissioner Alamedas inquiries, Mr. Darrow clarified that the request is specifically for the sale of beer and wine which the applicant is in the processofreceiving a permit from the Liquor Commission; and Mr. Lee stated there will not be any consumption on the premises. Mr. Lee agreed with Commissioner Fujikawa that the store will be more like a convenience store. Commissioner Graham expressed his concern that the applicants proposal will be detrimental to the survival of the other two stores; and he questioned the applicant whether he contacted the otherstoreownersastowhethertheyopposedthespecialpermit.Mr.Leesaidtheownersofthe stores were aware of what they were proposing, and he added that within 500 feet of the subject property there was a gas station which is now a gas station/grocery and liquor store. He said he understood Commissioner Grahams concern and admitted it was a tough market, but as a businessman he was competing fairly and squarely. He added that adding liquor to their store would increase their revenue and also be a convenience to their patrons. He said he did not anticipate any adverse impacts or major reduction in sales to the so-called competitors since HY Store which has been around a long time sells a whole variety of liquor, and Patels main revenue is from the sale of gas and groceries. There was no one from the public wishing to testify on this agenda item. It was moved by Commissioner Fujikawa and seconded by Commissioner Smith that the application be approved based on and incorporating the Planning Directors recommendation, with conditions as amended. A roll call vote was taken and motion carried with seven ayes (Fujikawa, Smith, Alameda, Graham, Springer, Thibadeau and Galdones) and one absent and excused (McCall). SMA NO. 243The Commission took this item up at 9:20 a.m. with GREATER PACIFIC, LPapproximately 10 people from the public in attendance. ND KEAUHOU 2, NORTH KONA APPLICANT: GREATER PACIFIC, LP (SMA NO. 243) Time extension to Condition No. 3 (construction deadline for Phase I) of Special Management Area Use Permit No. 243 which allowed the development of a 405-unit condominium project and related improvements. The area involved in the time extension is situated adjacent to and nd southwest (makai) of the existing Mauna Loa Village complex at Keauhou 2, North Kona, Hawaii,TMK:7-8-10:69andportionsof95and96. (SEEEXHIBITA) RECESSEDTheChaircalledashortrecessat10:07a.m. 3 RECONVENEDThe meeting reconvened at 10:16 a.m. SPP NO. 1170The Commission took this item up at 10:16 a.m. with CROWN CASTLE approximately 8 people from the public in attendance. INTERNATIONAL KAUPULEHU, NORTH KONA APPLICANT: CROWN CASTLE INTERNATIONAL (SPP NO. 1170) Amendment to Special Permit No. 1170 which allowed an existing monopole telecommunication tower, co-location antennas, and related equipment buildings and accessory structures on approximately 550 square foot of land within the State Land Use Agricultural District. The amendment request is to increase the land area from 550 square feet to 700 square feet for the purpose of constructing an emergency generator and other related improvements. The property is located approximately 2 miles east (mauka) of Mamalahoa Highway, Kaupulehu, North Kona, Hawaii, TMK: 7-2-2: portion 9. 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. The applicants representative, Eric Schatz, had no comments on the background report and recommendation, noting they had no problems with the original conditions imposed upon the applicant. There was no one from the public wishing to testify on this agenda item. It was moved by Commissioner Fujikawa and seconded by Commissioner Smith that the application be approved based on and incorporating the Planning Directors recommendation, with conditions. A roll call vote was taken and motion carried with seven ayes (Fujikawa, Smith, Alameda, Graham, Springer, Thibadeau and Galdones) and one absent and excused (McCall). SPP 04-008The Commission took this item up at 10:21 a.m. with CROWN CASTLE approximately 11 people from the public in attendance. INTERNATIONAL PUUKAPU, SOUTH KOHALA APPLICANT: CROWN CASTLE INTERNATIONAL (SPP 04-008) Special Permit to allow the retention of an existing 75-foot wooden monopole tower with accompanying equipment and structures, including a new generator on approximately 1,050 square feet of land situated within the State Land Use Agricultural District. The property is located along the southwest side of Uikeoni Street, approximately 0.5 mile from the Highway19UikeoniStreetjunction,PuukapuAcresSubdivision,Puukapu,SouthKohala, Hawaii, TMK: 6-4-29: portion of 1. 4 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. The applicants representative, Eric Schatz, had no comments on the background report and recommendation. There was no one from the public wishing to testify on this agenda item. It was moved by Commissioner Fujikawa and seconded by Commissioner Smith that the application be approved based on and incorporating the Planning Directors recommendation, with conditions. Commissioner Springer pointed out that the Mauna Kea Soil and Water Conservation District made recommendations for dust control, and Mr. Darrow noted that the facility itself is already constructed and there will not be a lot of construction activity for the project as the applicant would just be adding a generator. In response to Commissioner Alamedasinquiry,Mr.DarrowexplainedthatCondition4isastandardconditionimposedon such facilities wherein whenever a facility is no longer being used they have a certain period of time to remove the facility, noting there might be a time when with new technology towers would no longer be needed and at that point the County does not want to have unused towers all over the place. Mr. Darrow added that although neighboring residents had the opportunity to provide comments none were submitted to the Department. A roll call vote was taken and motion carried with seven ayes (Fujikawa, Smith, Alameda, Graham, Springer, Thibadeau and Galdones) and one absent and excused (McCall). SPP 04-007The Commission took this item up at 10:30 a.m. with CINDY GRIFFEYapproximately 12 people from the public in attendance. KALAHIKI, SOUTH KONA APPLICANT: CINDY GRIFFEY (SPP 04-007) Special Permit to allow the establishment of a 5-bedroom Bed and Breakfast Operation within the main dwelling and a bunk house situated on 5.6 acres of land within the State Land Use Agricultural District. The property is located along the makai side of Mamalahoa Highway (Highway11),approximately1,600feetfromtheMamalahoaHighwayGovernmentRoad (road leading to Hookena Village), Kalahiki, South Kona, Hawaii, TMK: 8-6-11:10. Mr. Darrow oriented the Commission and public of the subject and surrounding properties on the locationmapandsiteplan,summarizedtherequest,andnotedthePlanningDirector recommended approval of the application, with conditions. In response to Commissioner Springers inquiry, Mr. Darrow noted that the buildings built in 1950sarebeingrenovatedatthistime. The applicants representative, John Griffey, stated he had no comments on the background report and recommendation. Upon Commissioner Fujikawas inquiry, Mr. Griffey indicated on the presentation map the location of Elizabeth Stacks property, noting she lives in Honolulu but comes over once or twice a month. 5 ForCommissioner Springersinformation, Mr. Griffey gave some background information and said water is available to the property but the applicant is currently resolving the question of ownership of the water meter with the Department of Water Supply. For Commissioner Alamedas information, Mr. Darrow noted that the Hawaii County Code requires a special permit for the operation of a bed and breakfast operation in the State Land Use Agricultural District. Elizabeth Stack, adjoining property owner, said she did not have an objection to a bed and breakfast but did have an objection to the number of guests and the proposal leaving only one bedroom for the family of three, noting it is a neighborhood and not a commercial district. She clarified her concerns were with regard to the potential traffic, noise and no control of the guests going onto neighboring properties. Commissioner Springer solicited the Deputy Planning Directors comments regarding Ms.Stackstestimony.Mr.TakemotosaiditappearedthedistancesbetweenMs.Stacks residence and the applicant provides for adequate privacy and buffering in terms of noise; and he did not see a problem as far as traffic since they do not share the same driveway. Ms. Stack raised such questions as who is going to welcome the guests, who is going to provide the breakfast, who is going to make sure the guests do not waunder about the neighborhood? In response to Ms. Stacks testimony, Mr. Griffey said they have an on-going project to trap feral pigs in the area. He then clarified there are five bedrooms for the B&B and two bedrooms and a maids quarters with a half bath for the family, indicating on the presentation map the location of the units to be used for a bed and breakfast operation. He then tried to allay Mrs. Stacks fear by saying he is in the process of retiring from the real estate business and will be living at the facility pretty much all of the time, and there will be a lot of control with the operation, noting he knows the history of the area as he has lived there for over 35 years and know a lot of the families in the area. Commission Graham noted the Zoning Code has the requirements for a bed and breakfast, with the limit of five units allowed. Commissioner Fujikawa noted that the operator is required to live on the premises, and it is controlled environment. He said he was for the application because the applicant is addressing the situation in the right way by trying to become legal. It was moved by Commissioner Fujikawa and seconded by Commissioner Smith that the application be approved based on and incorporating the Planning Directors recommendation, with conditions. A roll call vote was taken and motion carried with seven ayes (Fujikawa, Smith, Alameda, Graham, Springer, Thibadeau and Galdones) and one absent and excused (McCall). RECESSEDThe Chair called a short recess at 10:53 a.m. RECONVENEDThe meeting reconvened at 11:00 a.m. 6 REZ 04-003The Commission took this item up at 11:00 a.m. with WEST HAWAII approximately 12 people from the public in attendance. BUSINESS PARK, LLC STND HONOKOHAU 1 & 2, NORTH KONA APPLICANT: WEST HAWAIIBUSINESS PARK, LLC (REZ 04-003) Change of Zone for approximately 196.634 acres from an Open (O) to an Industrial-Commercial Mixed 20,000 square foot (MCX-20) district and for approximately 85.733 acres from an Open (O) to a General Industrial 1-acre (MG-1a) district. The property is located along the east (mauka) side of Queen Kaahumanu Highway (Highway 19), adjacent to and south of the Kaloko stnd Industrial Subdivision, Honokohau 1 and 2, North Kona, Hawaii, TMK: 7-4-8:portion of 13 and 30. (SEE EXHIBIT B) MINUTESThe Commission took up the following minutes at this time, 12:38 p.m. June 18, 2004 The Commission deferred approval of the minutes to a future meeting. ADMINISTRATIVEThe Commission took up the following under administrative MATTERSmatters: Status of appeals filed on Planning Commission decisions Corporation Counsel Ms. OToole reported on the Doutor appeal, that briefs have all been filed and the argument is scheduled for th July 26 in Judge Ibarras court. th June 28 memo regarding Crown Castle Internationals SPP 03-018 and the Intervenors inability to attend contested case hearings - Ms. OToole noted the reason for this memo is to request that the Commission conduct the contested case hearing instead of a hearing officer since the intervenor will be unable to appear at the hearing or even question any of the witnesses. ADJOURNMENTThere being no further business the Chair declared the meeting adjourned at 12:48 p.m. A T T E S T:Respectfully submitted, Earl Fujikawa, First Vice-ChairmanSharon M. Nomura, Secretary PlanningCommission HawaiiCountyisanEqualOpportunityProviderandEmployer 7