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HomeMy WebLinkAbout2003-09-22 Planning Commission Minutes PLANNING COMMISSION COUNTY OF HAWAIÒI MINUTES SEPTEMBER 22, 2003 The Planning Commission met in regular session at 9:04 a.m. in the County Building, Councilroom-Room 201, 25 Aupuni Street, Hilo, HawaiÒi, with Chairperson Fred Galdones presiding. PRESENT:Fred GaldonesABSENT & EXCUSED:Earl Fujikawa Bill GrahamJeffrey McCall Florence KubotaHannah Springer Aurelio C. Mina, Jr. Francis Smith Bill P. Thibadeau Patricia OÓToole, Deputy Corporation Counsel Chris Yuen, Planning Director Norman Hayashi, Staff Planner Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner RECESSEDThe Chair recessed the meeting at 9:06 a.m. to allow the Commissioners the opportunity to review materials just presented the Commission. RECONVENEDThe meeting reconvened at 9:16 a.m. The Chair introduced the Commission and staff to members of the SLU 03-001/REZ 03-001The Commission took this item up at 9:16 a.m. with PUNA SUGAR approximately 11 people from the public in attendance. MILL, LLC KEAAU, PUNA APPLICANT: PUNA SUGAR MILL, LLC (SLU 03-001/REZ 03-001) Continued hearing on the following applications: a.State Land Use Boundary Amendment from Agricultural to Urban f approximately 14.901 acres of land. b.Change of Zone from Agricultural 20 acres (A-20a) to Limited Industrial 20,000 square feet (ML-20) for 14.901 acres of land and Agricultural 5 acres (A-5a) for 8.724 acres of land. 1 The property is the former Puna Sugar Company Mill site situated Milo Street extension, and bordering the McCully's MCX Subdivision, Keaau, Puna, Hawaii, TMK: 1-6-3:99. (SEE EXHIBIT A) ADMINISTRATIVEThe Commission took up the following under MATTERadministrative matters at 9:45 a.m.: Future Agenda Item - It was moved by Commissioner Kubota and seconded by Commissioner Graham that the segmentation of applications and the State Land Use CommissionÓs concern of projects that appear to be parceled into 15 acres of less to avoid consideration by the Land Use Commission be a topic for discussi Commission meeting. Commissioner Kubota said the reason for her request is to have the Commission be consistent in the treatment or consideration of applications that come before the Commission. Commissioner Graham said he would understand if the Planning Director felt it would be more appropriately handled by the County Council since the CommissionÓs role is only advisory in this matter, but that it would help the Commission to know the rationalization for certain recommendations. Mr. Yuen said it was fine for the Planning Department to have this discussion with the Commission, noting this was a very tough area to deal with and there were practical aspects to it that differ from situation to situation. Motion was unanimously carried by a voice vote of all Commissioners in attendance. SPP 03-014The Commission took this item up at 9:47 a.m. with JAS W. GLOVER, LTD.approximately 12 people from the public in attendance. HONOHONONUI, SOUTH HILO APPLICANT: JAS W. GLOVER, LTD. (SPP 03-014) Special Permit to allow the establishment of a quarry operation and related activities on 14.99 acres of land situated within the State Land Use Agricultural District. The area is located adjacent to and southwest of an existing quarry site. The Hawaii National Guard site and the Hilo International Airport is located west of the proposed quarry at Honohononui, South Hilo, Hawaii, TMK: 2-1-13: portion of 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. Commissioner Graham felt it was not necessary to list in the approval recommendation the explicit criteria that the use will not substantially alter or change the essential character of the land and the present use. 2 Commissioner Mina said his employer, Yamada and Sons, built and road and installed the gate in the area. He expressed serious concerns of having the public utilize the roadway as they may create a hazard for the Yamada and Sons trucks that carry 40-tons of material per load. Mr. Darrow pointed out that there is approximately .5 miles of roadway that the public uses to go to the County landfill and skeet range; and he suggested a Ðno trespassing signÑ be placed on the gate or someone to monitor the gate to discourage the public from entering the area. Commissioner Kubota noted the State Land Use Commission again expresses their concern with the manner in which related projects are often conveniently apportioned into areas under 15 acres so as to appear to deliberately bypass the State Land Use CommissionÓs review; and she questioned whether the County is taking some actions or doing studies to see the result of segmented requests as they come in. In response Mr. Hayashi said as the Planning Department shares her concern and as they are aware that this particular landowner has a number of existing special permits under 15 acres, they have informed the landowner that any future applications would have to be forwarded to the State Land Use Commission. The applicantÓs representative, Byron Fujimoto, stated he did re agreement with the Planning DepartmentÓs background report and r agreed with Commissioner Mina that it would create a dangerous situation if the public is allowed into the quarry site and noted that they do not intend to utilize the area for retail services. He added that they do not plan to use the same type of trucks that Yamada and Sons uses but they plan to use more like the semi-trailers. In response to the CommissionÓs inquiries, Mr. Fujimoto said from the standpoint of safety they will look into putting up signs so the public knows they should not go further than necessary, especially to entrance of the quarry location. He said it really depends on market conditions on how fast it would take to quarry the aggregate out; and their normal business days are Monday to Friday, but they would need to work weekends if there is a demand for products, but it is sporadic. He then explained consistent aggregate yields generally consists of blue or solid rock, which they try to conserve for asphalt paving; and the other aggregate is like aÓa type of material that is not suitable for building roads or concrete-type buildings. He added that the rationale for this request is to obtain more blue rock material as the blue rock material from the other quarry was used for the Keaau Bypass Road. There was no one from the public wishing to testify on this agen In light of Commissioner MinaÓs concerns and Mr. FujimotoÓs comments, Mr. Yuen suggested adding a condition that no retail sale of quarried materials is allowed from the project site. Mr. Fujimoto asked for clarification as they would like for private truckers to pick up their materials. Mr. Yuen then suggested adding a sentence that removal of the materials shall be done only by licensed commercial haulers or by licensed contractors, to which Mr. Fujimoto agreed to. 3 It was moved by Commissioner Kubota and seconded by Commissioner Graham that the application be approved based on and incorporating the Planning DirectorÓs recommendation, with the following added condition: 13.No retail sale of quarrying materials is allowed from the project site. Removal of the materials shall be limited to licensed commercial or by licensed contractors. A roll call vote was taken and motion carried with five ayes (Kubota, Graham, Smith, Thibadeau, and Galdones), one abstention (Mina) and three absent and excused (Fujikawa, McCall and Springer). For Commissioner KubotaÓs information, Mr. Fujimoto said Glover is pronounced like lover. SMA 03-010The Commission took this item up at 10:25 a.m. with HOTELS IN PARADISEapproximately 12 people from the public in attendance. WAIAKEA, SOUTH HILO APPLICANT: HOTELS IN PARADISE (SMA 03-010) Special Management Area Use Permit to allow the reconstruction of a 43-unit condominium building and related improvements. The project site is a portion of the Waiakea Villas condominium complex situated in the vicinity of the County of Hawaii Department of Water Supply office building, Waiakea, South Hilo, Hawaii, TMK: 2-2-30:3. 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. The applicantÓs representatives, Steven Lim and Simon Bebb, were in attendance. Mr. Lim stated they have received a copy of the Planning DepartmentÓs background report and recommendation and have no comments to offer. Miles Nagata, Housing Director of the University of Hawaii at Hilo, testified in support of the application as it would provide much needed student housing for the University. He said currently the UniversityÓs growth is being limited by the ability to house students, noting there are 300 students on a waiting list and there were many more students who did not even apply due to the lack of housing. It was moved by Commissioner Kubota and seconded by Commissioner Mina that the application be approved based on and incorporating the Planning DirectorÓs findings and recommendation. A roll call vote was taken and motion carried with six ayes (Kubota, 4 Mina, Graham, Smith, Thibadeau and Galdones) and three absent and excused (Fujikawa, McCall and Springer). RECESSEDThe Chair called a recess at this time, 10:32 a.m. RECONVENEDThe meeting reconvened at 10:42 a.m. SPP 03-009The Commission took up the following four items COUNTY OF HAWAIIsimultaneously at 10:42 a.m. with approximately 10 people POLICE DEPARTMENTfrom the public in attendance. KAHILIPALI NUI, KAÒU SPP 03-010 COUNTY OF HAWAII POLICE DEPARTMENT PAKINI IKI, KAÒU SPP 03-011 COUNTY OF HAWAII POLICE DEPARTMENT ALIKA, SOUTH KONA SPP 03-012 COUNTY OF HAWAII POLICE DEPARTMENT KKAOHE, HAMAKUA APPLICANT: COUNTY OF HAWAII POLICE DEPARTMENT (SPP 03-009) Special Permit to allow the construction of a non-manned microwave facility, including a 100-foot tower and antenna improvements, equipment shelter, and related improvements on a 1,665 square foot area situated within the State Land Use Agricultural District. The project site (referred to as "Naalehu Pasture") is located approximately 1.5 miles south (makai) of Highway 11 and Naalehu Village, Kahilipali Nui, Ka'u, portion of 30. APPLICANT: COUNTY OF HAWAII POLICE DEPARTMENT (SPP 03-010) Special Permit to allow the construction of a non-manned microwave facility, including a 80-foot tower and antenna improvements, equipment shelter, and related improvements on a 1,225 square foot area situated within the State Land Use Agricultural District. The project site (referred to as "South Point") is located approximately 2,000+ feet west of South Point Road and approximately 3.5+ miles south (makai) of t South Point Road intersection, Pakini Iki, Ka'u, Hawaii, TMK: 9-3-1: portion of 6. 5 APPLICANT: COUNTY OF HAWAII POLICE DEPARTMENT (SPP 03-011) Special Permit to allow the construction of a non-manned microwave facility, including a 150-foot tower and antenna improvements, equipment shelter, and related improvements on a 1,196 square foot area situated within the State Land Use Agricultural District. The project site (referred to as "Ohia Mill") is located approximately 1.25 miles east (mauka) of Highway 11, and approximately 6,000+ feet north of Honomalino Acres Subdivision, Alika, South Kona, Hawaii, TMK: 8-8-1: portion of 3. APPLICANT: COUNTY OF HAWAII POLICE DEPARTMENT (SPP 03-012) Special Permit to allow the construction of a non-manned microwave facility, including a 50-foot tower and antenna improvements, equipment shelter, and related improvements on a 4,192 square foot area situated within the State Land Use Agricultural District. The project site (referred to as "Iolehaehae") is located at the 8,121-foot elevation on the east side of Mauna Kea, Kaohe, Hamakua, Hawaii, TMK: 4-1-6: portion of 7. Mr. Hayashi oriented the Commission and public of the subject and surrounding properties on the location map and site plan, summarized the requests, and noted the Planning Director recommended approval on all of the above applications. He said the County is currently upgrading its existing microwave facilities island wide from an analog to digital system. He added that of the 19 towers constructed in the 1970s, five are located in Agicultural District and requires special permits, of which four are being heard today. Commissioner Kubota suggested the applicantÓs objective be encompassed in the first paragraph of the background report so it is specific as to what is being requested, to which Mr. Hayashi said it shall be done. Regarding SPP 03-009, the applicantÓs representatives, Danette Mettler and Major Elroy Osorio, stated they did receive the Planning DepartmentÓs background report and recommendation. There was no one from the public wishing to testify on this agenda item. It was then moved by Commissioner Kubota and seconded by Commissioner Mina that the application be approved based on and incorporating the Planning DirectorÓs findings and recommendation. A roll call vote was taken and mot ayes (Kubota, Mina, Smith, Thibadeau, Graham and Galdones) and three absent and excused (Fujikawa, McCall and Springer). Regarding SPP 03-010, the applicantÓs representatives, Danette Mettler and Major Elroy Osorio, stated they did receive the Planning DepartmentÓs background report and recommendation. There was no one from the public wishing to testify on this agenda item. It was then moved by Commissioner Kubota and seconded by Commissioner Mina that the application be approved based on and incorporating the Planning DirectorÓs findings and recommendation. A roll call vote was taken and mot ayes (Kubota, Mina, Smith, Thibadeau, Graham and Galdones) and three absent and excused (Fujikawa, McCall and Springer). 6 Regarding SPP 03-011, the applicantÓs representatives, Danette Mettler and Major Elroy Osorio, stated they did receive the Planning DepartmentÓs background report and recommendation and pointed out that presently there are on-going negotiations with Nextel to co-locate on this tower. Major Osorio explained that negotiations are being handled by the Office of the Corporation Counsel and Department of Finance on behalf of the County and funds derived from the rental will be placed in the CountyÓs General Fund; and he clarified that the County is the landowner and Nextel would be a tenant. There was no one from the public wishing to testify on this agen moved by Commissioner Kubota and seconded by Commissioner Mina that the application be approved based on and incorporating the Planning DirectorÓs findings and recommendation. A roll call vote was taken and motion carried with six ayes (Kubota, Mina, Graham, Smith, Thibadeau, and Galdones) and three absent and excused (Fujikawa, McCall and Springer). Regarding SPP 03-012, the applicantÓs representatives, Danette Mettler and Major Elroy Osorio, stated they did receive the Planning DepartmentÓs background report and recommendation. There was no one from the public wishing to testify on this agenda item. It was then moved by Commissioner Kubota and seconded by Commissioner Mina that the application be approved based on and incorporating the Planning DirectorÓs findings and recommendation. A roll call vote was taken and mot ayes (Kubota, Mina, Graham, Smith, Thibadeau, and Galdones) and three absent and excused (Fujikawa, McCall and Springer). SSLU 03-006/The Commission took this item up at 11:07 a.m. with REZ 03-014/SMA 03-009approximately 10 people from the public in attendance. CONTINENTAL PACIFIC, LLC. PEPEEKEO, SOUTH HILO APPLICANT: CONTINENTAL PACIFIC, LLC (SLU 03-006/REZ 03-014/ SMA 03-009) a.Application for a State Land Use Boundary Amendment for 3.344 ac from the Agricultural to the Urban District. b.Application for a Change of Zone for 12.640 acres of land from L 20,000 square feet (ML-20), General Industrial Î 5 acres (MG-5a), Village Commercial Î 10,000 square feet (CV-10 to RS-20) and Agricultural 20-acre (A- 20a) to Single Family Residential Î 20,000 square feet (RS-20) and ML-20 districts. c.Application for a Special Management Area (SMA) Use Permit to al development of 30 lots, including portion of a roadway lot, and related improvements. 7 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 B) ADMINISTRATIVE The Commission took up the following under MATTERSAdministrative Matters at this time, 12:34 p.m.: Status of appeals filed on Planning Commission decisions - Corporation Counsel Î Ms. OÓToole noted that Dean Yokoyama has filed an appeal to the Third Circuit Court for the special permit granted to the Doutor Coffee, Co. She added that Anthony Ako AnjoÓs appeal on the special permit granted to Vipassana Hawaii was dismissed by the Third Circuit Court. Other Commission matters Î Mr. Hayashi noted the subsequent meetings are scheduled for October 2-3, 2003 in Kona; and that all arrangements for the HCPO conference have been taken care of. ADJOURNMENTThere being no further business, the Chair declared the meeting adjourned at 12:40 p.m. Respectfully submitted, Sharon M. Nomura, Secretary A T T E S T: Fred Galdones, Chairman Planning Commission 8