HomeMy WebLinkAbout2004-07-02 Planning Commission Minutes
PLANNING COMMISSION
COUNTY OF HAWAII
MINUTES
JULY 2, 2004
The Planning Commission met for a site inspection at 9:00 a.m. and in regular session at
10:03 a.m. in the County Building, Councilroom - Room 201, 25 Aupuni Street, Hilo,
Hawaii, with Second Vice-Chairman Hannah Springer presiding.
PRESENT:Hannah Springer ABSENT & EXCUSED: Fred Galdones
C. Kimo AlamedaEarl Fujikawa
Bill GrahamBill Thibadeau
Jeffrey McCall
Francis Smith
Ivan Torigoe, Deputy Corporation Counsel
Christopher J. Yuen, Planning Director
Norman Hayashi, Planning Program Manager
PhyllisFujimoto,StaffPlanner(From10:03a.m.)
Jeff Darrow, Staff Planner
Kelly Gomes representing Ex-officio Member Bruce McClure
ORD. NO. 92-92The Commission met for a site inspection at 9:00 a.m.
DJSM, LLCwith approximately 8 people from the public in attendance.
WAIAKEA,
SOUTH HILO
Site visitation of DJSM, LLC's property located along the east side of Kilauea Avenue,
across from Tyke's Laundromat, Waiakea, South Hilo, Hawaii, TMK: 2-2-28:29
The Commissioners met on the subject property at the end of the gravel roadway.
The petitioners representative, William Moore, Dr. Allan Takase and Yen Wen Fong,
were in attendance.
The Chairman introduced the Commissioners and staff to members of the public and
explained that public discussion will take place at the public hearing, which will be
conducted in the Councilroom.
Mr. Hayashi explained the purpose of the site inspection was for the Commission to view
the site and have an orientation of the subject and surrounding properties. He noted that
the concerns of the neighbors were flooding to surrounding lands and the size of the
proposedbuilding.Heexplainedthattheapplicantoriginallycameinforamendmentsto
Conditions C and F and has subsequently withdrew the request to amend Condition F.
1
Mr. Moore oriented the Commission and members of the public the subject and
surrounding properties on Flood Study prepared for Dr. Alan Takase and also indicated
the locations of the various flood designations.
The Commission then proceeded to the sidewalk on KilaueaAvenue to view the makai
property line. Mr. Moore pointed out the location of the two 24-inch culverts on Kilauea
Avenue designed to handle runoff in the area; and he pointed out that the flood waters run
into the Mormon Church property, and then to a portion of DJSMs property. In
response to the Chairs inquiry, Mr. Gomes explained that the County maintains the
culverts within the County right-of-way, and the Mormon Church and DJSM are
responsible to maintain the drainage way within its own properties.
The Commission then walked along the drainage way on the Mormon Churchs property
andthenstoppedtolookattheareawherethedrainagewayentersintoDJSMsproperty,
which was indicated by Robin Black. Ms. Black expressed drainage concerns for the
area residents if the base level elevation is raised, noting currently most of the waters
seep into the ground of DJSMs property. Eric Ishihara pointed out that this subject area
was of particular concern because it will be raised 3 feet and covered with the building
structure and parking area, and the waters would run off to surrounding properties.
The Commission then walked to the boundary opposite Kilauea Avenue where Ms. Black
pointed out the location of the surrounding neighbors who were present for the site
inspection, the Kojiro family, Ishihara family, Aguiar family and Black family.
Mr. Moore again indicated the locations of the floodways in the area on the Flood Study
for Dr. Alan Takase, and Ms. Black noted the extent of damage to neighboring properties
in the last 100-year flood.
The site inspection concluded at 9:29 a.m.
RECESSEDThe Chair recessed the meeting at 9:29 a.m.
RECONVENED The meeting reconvened at 10:03 a.m. in the County
Building, Councilroom - Room 201.
ORD. NO. 92-91The Commission took this item up at 10:03 a.m. with
DJSM, LLCapproximately 20 people from the public in attendance.
WAIAKEA,
SOUTH HILO
APPLICANT:DJSM,LLC(ORD.NO.92-91)
Continued hearing on the request for an amendment to Condition C (Time in which to
secureFinalPlanApproval)ofChangeofZoneOrdinanceNo.92-91,whichrezoned
approximately 47,680 square feet of land from a Single Family Residential 10,000
squarefoot(RS-10)toaGeneralCommercial10,000squarefoot(CG-10)district.The
2
property is located along the east side of Kilauea Avenue, across from Tyke's
Laundromat, Waiakea, South Hilo, Hawaii, TMK: 2-2-28:29.
(SEE EXHIBIT A)
RECESSEDThe Chair called a recess at 11:53 a.m.
RECONVENEDThe meeting reconvened at 12 noon.
SPP 04-005The Commission took this item up at 12 noon with
WORLD BOTANICAL approximately 8 people from the public in attendance.
GARDENS, INC.
KAMEE,
NORTH HILO
APPLICANT: WORLD BOTANICAL GARDENS, INC. (SPP 04-005)
Continued hearing on the request for a Special Permit toallow the construction of a
visitor center, parking lot and related improvements on approximately 154,010 square
feet (3.53 acres) of land situated within the State Land Use Agricultural District. The site
is part of the existing World Botanical Gardens situated on the north side of Leopolino
Road between Highway 19 and the Old Mamalahoa Highway, Kamaee, North Hilo,
Hawaii, TMK: 3-1-1: portion of 15.
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 revisions to the
recommendation and conditions. He noted that Wendy and Jeff Haun submitted a letter
in opposition to the application, and pointed out that the Hauns did not receive a
surroundingpropertyownernotificationoftodayshearingsincetheyarelocatedover
750 feet from the subject property, noting they fortunately saw the notice in the
newspaper.
In response to Commissioner Grahams inqury, Mr. Hayashi said the Department felt a
TIAR was not necessary at the present time, but prior to reaching a 1200 visitor count,
the applicant would have to submit a TIAR before receiving final plan approval, and at
that time there may be certain improvements that the applicant would have to construct
before a certificate of occupancy is issued. He clarified that the applicant would not
come before the Commission again as it would be an administrative action.
The applicants representatives, Sherrill and Neil Erickson and Walter Wagner, were in
attendance.
Sherrill Erickson said the recommendations appear acceptable to her clients.
Neil Erickson stated the applicant is fully prepared to do whatever the Traffic Impact
Analysis recommends.
3
Wendy Haun read and submitted into the record a letter on behalf of herself, her husband,
and 10 landowners in the area opposing the application for various reasons. She pointed
out that their subdivision directly across the road has 16 lots, and only 5 of the lot owners
were notified of todays hearing.
In response to the Chairs request for comments regarding page 4 of the Departments
recommendation that The lands upon which the proposed use is sought is unsuited for
the uses permitted in the district, Mr. Yuen said theDepartment should probably not
have said it as the land is suited for farming. He said the applicant did not meet this
criteria, but it was not necessary that all the criteria be met in granting the permit. He
said, however, that the Department would still say that the request meets the overall
criteria of being an usual and reasonable use in the agricultural district.
Mr.WalterWagnerexplainedthatthefacilitywasopenedtothepubliconJuly4,1995
and plans for the visitors center were in place but no funding was available until recently,
noting they advised everybody who came to the property of the plans. He said
approximately 3 to 4 years ago across from the Highway a 70-acre agriculture parcel of
land was rezoned for a subdivision where many, not all, of the signatures that were
submitted were from individuals who purchased these lots in the last few years.
Commissioner Graham questioned the comment on page 3 of the recommendation that
increase in traffic is expected to be minimal as it is estimated that visitors to the site will
be the same visitors to Akaka Falls, as Akaka Falls is in a different location.
Mr. Wagner explained that approximately half of the tourist traffic that flows down the
Belt Highway towards Volcano turns off to the Honomu turnoff to Akaka Falls, and a
very small percentage of those same persons also go to the Botanical Gardens; therefore,
they do not anticipate increasing the tourist traffic going down the highway as a tourist
would just make two stops instead of one stop on the way to the Volcano.
Mr. Wagner said currently 3 percent (40 cars) of the tourist flow that is going down the
highway turns off to visit their botanical garden, they anticipate that will jump to 6
percent (80 cars) upon completion of the visitors center, and eventually perhaps 20 years
from now it might go to the 1200 per day, which is currently how many people turn off to
go to Akaka Falls.
Director Yuen clarified for the record that there never was a rezoning across the street but
that they were existing lots and the County did approve a change in how those lots were
reconfigured. Mr. Wagner apologized for his error in his comment but noted he was
offered to purchase the entire 70 acres if he had the money, which he did not have.
Ms. Haun noted that the signatures in the petition were not only from a few people in the
subdivision but from people on the old Mamalahoa Highway that are even a mile away
up to Ninole who feel there are already too many tourists driving on a very narrow
dangerous road. She added she did not have had time to contact other lot owners in the
area, noting some of them do not live in Hawaii.
4
In response to Commissioner Smiths inquiry, Mr. Erickson said they would be happy to
entertain the idea of large tour buses if they are able to accommodate them on site, and
not on the Mamalahoa Highway.
Commissioner McCall said there was some indication that Leopolino Road was
inadequate, and questioned if it was possible to bring that road up to County standards.
Director Yuen said what the Department would be looking for in the traffic impact
analysis report is a statement by the engineer as to adequacy of the sight distance,
primarily for cars turning out; and if it turns out the sight distance is unsafe and there is
not anything the applicant can do, the Department would say the applicant cannot do the
project. Director Yuen added that although he did not think the TIAR would recommend
improvements to the roadway like turn lanes, certainly at some level like if the visitor
count went to 1,000 visitors turn lanes very well might be warranted in that location,
notingtheconditioniswordedinsuchawaythatthePlanningDirectorcanrequest
additional work and improvements at that time if there is increase in the traffic or the
County can deny the project.
Commissioner Graham noted the dangerous situation of the project being in a high speed
area with traffic backing up for people to turn left. He said former Planning Commission
Chairman Mike Luce once expressed his desire of having things ironed out in public so
the public could provide their comments, rather than passing it on to something in the
future.
In response to Commissioner Grahams inquiry, Mr. Yuen said because it takes five votes
for a motion to pass and since Commissioner Graham is indicating his is not inclined to
vote in favor of the project unless he hears something different regarding traffic, his
recommendation at the present time is to schedule this item for the next meeting to allow
other Commissioners to vote on the matter, noting if neither side prevails at the next
meeting that terminates the application. He added that another option would be to defer
action until there is a traffic study conducted.
Commissioner McCall said as a traffic impact analysis report would be required anyway,
he did not see a problem with just deferring this matter until it is prepared.
Commissioner Smith said he was not against the project but a traffic study would settle
his apprehension about large buses, noting an alternate route going further up around the
old road could be negotiated.
Commissioner Alameda concurred with Commissioners McCall and Smith.
Mr. Erickson said with the staffs concurrence they decided not to prepare a traffic
impact analysis report at this time because they were anticipating this project to grow
over a long period of time, perhaps 20 years, and that they felt it would be better to agree
to do it based on a yearly review of the project and make the changes as required, noting
at any time their special permit can be revoked. He pointed out that the Hawaii Tropical
5
Botanical Gardens in Onomea sees about 200 visitors a day for up to 80 cars, including
small buses, and the turn in that area is as difficult as theirs. He added that although the
Police Department recommends routing traffic up around Leopolino Road and back down
to the highway, there is a great concern about trying to improve the old Mamalahoa
Highway and bringing tourist and traffic past neighbors further up the road. He pointed
out that Richard Alderson and George Hirowatari, surrounding property owners, have no
objections to their request.
Commissioner Graham said although he understood the applicants decision, he would
not want to permit something now that is going to be a problem ten years from now, and
not knowing then who the Planning Director is going to be and if there would be
problems arising.
It was moved by Commissioner Graham and seconded by Commissioner McCall to
continuethehearinguntilsuchtimeasatrafficimpactanalysisreportisprovidedtothe
Commission. Commissioner Graham clarified that it would be acceptable to have a
traffic impact report that is phased, and the applicants would operate with a limit on the
permit, to which Mr. Yuen said this need not be made a part of the motion as they needed
to work out the scope of what is expected with the applicant. A roll call vote was taken
and motion carried with five ayes (Graham, McCall, Smith, Alameda, and Springer) and
three absent and excused (Galdones, Fujikawa and Thibadeau).
RECESSED The Chair called a recess at 12:41 p.m.
RECONVENEDThe meeting reconvened at 2:10 p.m.
SPP 04-009The Commission took this item up at 2:10 p.m. with
ISHIMARU, LLCapproximately 8 people from the public in attendance.
KAHILIPALI IKI,
KAU
APPLICANT: ISHIMARU, LLC (SPP 04-009)
Special Permit to allow the establishment of a quarry and related uses, including a
crushing, concrete batching, and asphalt concrete plant on approximately 12 acres of land
situated within the State Land Use Agricultural district. The property is located
approximately 4,000 feet makai of the Hawaii Belt Highway (State Highway 11), in the
vicinity of Naalehu Village, Kahilipali Iki, Ka'u, Hawaii, TMK: 9-5-7: portion of 29.
(SEE EXHIBIT B)
MINUTESThe Commission took up the following minutes at this
time, 4:01 p.m.
June 4, 2004 The Commission deferred approval of the minutes to a future meeting.
6
ADMINISTRATIVEThe Commission took up the following under
MATTERSadministrative matters:
Status of appeals filed on Planning Commission decisions - Corporation Counsel
Mr. Torigoe had no report on this matter.
ANNOUNCEMENTSThe following announcements were made:
HCPO Conference - Mr. Hayashi announced that the advanced schedule for the HCPO
Conference has been distributed to the Commission and request the Commissioners to
submit their airline information to staff as soon as possible.
Planning Commissioner Mr. Hayashi reported that the Mayors Executive Assistant has
said the vacant Planning Commission position for Puna should be filled very shortly.
ADJOURNMENTThere being no further business, the Chair declared the
meeting adjourned at 4:03 p.m.
Respectfully submitted,
Sharon M. Nomura, Secretary
A T T E S T:
Hannah K. Springer, Second Vice-Chairman
Planning Commission
HawaiiCountyisanEqualOpportunityProviderandEmployer
7