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HomeMy WebLinkAbout2003-04-17 Planning Commission Minutes PLANNING COMMISSION COUNTY OF HAWAIÒI MINUTES APRIL 17, 2003 The Planning Commission met in regular session at 9:00 a.m. in the County Building, Councilroom-Room 201, 25 Aupuni Street, Hilo, HawaiÒi, with Chairperson Fred Galdones presiding. PRESENT:Fred GaldonesABSENT & EXCUSED: Jeffrey McCall Earl Fujikawa (Left at 12:05 p.m.) William Graham Florence Kubota Aurelio C. Mina, Jr. Francis Smith Hannah Springer Bill Thibadeau Ivan Torigoe, Deputy Corporation Counsel Chris Yuen, Planning Director Alice Kawaha, Staff Planner Norman Hayashi, Staff Planner Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner Susan Gagorik, Staff Planner (From 12:05 p.m.) The Chair introduced the Commission and staff to members of the MINUTES ANDThe Commission deferred approval of the minutes and ADMINISTRATIVEadministrative matters until the end of the agenda. MATTERS SPP 03-001The Commission took this item up at 9:03 a.m. with CINDY SCHRADERapproximately 6 people from the public in attendance. KAHUKU, KAÒU APPLICANT: CINDY SCHRADER (SPP 03-001) - Application for a Special Permit to establish a massage therapy and clinical counseling business within the existing dwelling situated on approximately 2.99 acres of land within the State Land Use Agricultural District. The property is located in Kula Kai View Estates Subdivision at the southeast corner of Kona Kai Boulevard and Tapa Street intersection, and approximately 2.2 miles makai of Mmalahoa Highway, Kahuku, KaÒu, HawaiÒi, TMK: 9-2-193:Portion of 25. 1 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 Fujikawa questioned about the potable water and wastewater systems. Mr. Yuen said currently a cesspool is allowed on the subject property and that the Planning Department did not propose any special conditions as the use did not seem like it would significantly increase the wastewater flows to the cesspool and the use would not be significantly different from that of a single family residence. For Commissioner GrahamÓs information Mr. Darrow indicated on the presentation map the location of the existing gate at the corner of Kona Kai Boulevard and Mamalahoa Highway, which was open when he went for a site inspection. He added that on file is the issue of the gate being closed and the possibility of remote controls being given to private owners in the subdivision. The applicant, Cindy Shrader, stated she did receive the Planning DepartmentÓs background report and recommendation. She said she is currently working with the Department of Health and County Department of Water Supply to address the concerns regarding water, noting it was suggested she get a 50-gallon container but she was considering disconnecting her system from the roof and obtain a top like the restaurants down in the Ocean View area. She pointed out that she has water hauled to her residence as there is insufficient rainfall in the area. Ms. Shrader noted that the gate placed there has been opened since she move to the area in May of 1995 and an electronic gate has been installed but currently is not in operation. Commissioner Kubota pointed out that concerns have been expressed of additional traffic into the area and a question was raised on the authority of the Board or consensus of the Board. Ms. Shrader said that in all honesty and truth, there will never be a total consensus amongst the residents in the subdivision, noting she was a board member and in the whole time she has lived there the Board has never been all together on the same page regarding what goes and what doesnÓt. She said it is felt by area residents that people can have a business in the subdivision and everyone will respect each other and not create problems within the subdivision. For Commissioner SpringerÓs information, Ms. Shrader said the Ocean View Fire Department located 3 to 3 ½ miles away provides fire protection services for the residents. Mr. Yuen said he did not feel this particular application significantly increases the risk to the property owners or the general public, noting the distance of the volunteer service station in Ocean View and then, secondly, they have pumper truck. Commissioner Springer pointed out that there does not appear to be a lot of vegetation around the home that would spread fire from the home. 2 Ruth Wiles, Kula Kai resident, and secretary of the Community Association for over 20 years before resigning, spoke in support of the application, noting at the annual community meeting it appeared no one objected to the application. She said there are a few people on the Board who are trying to dictate how things are run, noting individuals will receive flack if they are not agreeable. She said there has been no locked gate within the subdivision over the last 20 years, even with all the illegal businesses in the subdivision. It was moved by Commissioner Fujikawa and seconded by Commissioner Kubota that the Commission approve the request to establish a massage therapy business, clinical counseling business, and office within the approximately 580 square foot portion of the existing dwelling based on and incorporating the Planning DirectorÓs recommendation. Commissioner Graham said although it appeared that the residents are concerned because the applicant is dealing with troubled youths and less than upstanding families will be using their roadways, he felt these youths will more likely function as nonproblem members of society as they grow older if they are counseled early. A roll call vote was taken and motion carried with eight ayes (Fujikawa, Kubota, Mina, Smith, Springer, Thibadeau, Graham, and Galdones) and one absent and excused (McC REZ 03-002The Commission took this item up at 9:30 a.m. with I. KITAGAWAapproximately 6 people from the public in attendance. & CO., LTD. WAIKEA, SOUTH HILO APPLICANT: I. KITAGAWA & CO., LTD. (REZ 03-002) - Application for a Change of Zone by changing the district classification from Single Family Residential (RS-10) to Industrial-Commercial Mixed Use (MCX-20) for approximately 22,500 square feet of land. The property is located in Waikea House Lots on the northeast corner of Kwili Street-Hinano Street intersection, Waikea, South Hilo, HawaiÒi, TMK: 2-2-50:14. (SEE EXHIBIT A) REZ 03-004The Commission took this item up at 9:53 a.m. with HAKS, INC.approximately 3 people from the public in attendance. WAIKEA, SOUTH HILO APPLICANT: HAKS, INC. (REZ 03-004) - Application for a Change of Zone by changing the district classification from Single Family Residential (RS-10) to Industrial- Commercial Mixed Use (MCX-20) for approximately 45,000 square feet of land. The property is located in Waikea House Lots, on the northwest corner of Kwili Street- Laupaku Street intersection and across of MakaÒala Street, Waikea, South Hilo, HawaiÒi, TMK: 2-2-50:37 & 38. (SEE EXHIBIT B) 3 REZ 686The Commission took this item up at 10:59 a.m. with HIRAYAMAapproximately 5 people from the public in attendance. BROTHERS ELECTRICAL, INC. WAIKEA, SOUTH HILO APPLICANT: HIRAYAMA BROTHERS ELECTRICAL, INC. (REZ 686) - Request to amend Conditions B and D (Final Plan Approval and required roadway improvements), and other conditions as needed, of Ordinance No. 91 38, which reclassified 11,450 square feet of land from Single Family Residential (RS-10) to Limited Industrial (ML-10) zoned district. The property is located in Waikea House Lots 1st Series adjacent to the applicantÓs existing electrical business, and on the west side of Kalanikoa Street approximately 100 feet north of its intersection with Hualani Street, Waikea, South Hilo, HawaiÒi, TMK: 2-2-35:31. 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. He said there is a pending consolidation application for this property and the property to the rear on file with the Planning Department. He said since the Background Report and recommendation were submitted to the Commission, the applicant h building permit for the renovation of the living quarters; and, therefore, the Planning Department is proposing an amendment to Condition B. The applicantÓs representative, Kathy Hirayama and Sidney Fuke, were in attendance. Mr. Fuke stated the StaffÓs Report is comprehensive and the conditions, as amended, are acceptable to the applicant. He briefly explained the request and said that the applicants have agreed to put in the roadway improvements if the properties are consolidated. He said currently the applicants have no intention of doing any industrial uses in the residence, which is classified as a custodial or watchmanÓs home. There was no one from the public wishing to testify on the application. Mr. Graham commented that the ordinance approved in 1991 contained several conditions which were not complied with and the ordinance does say the Director shall initiate rezoning of the area to its original or more appropriate designation if the conditions are not met or substantially complied with in a timely fashion. Mr. Yuen said there are scores of rezoning ordinances that have the identical language where the conditions have not been complied with and are beyond the time frame; and although the Planning Department has initiated a few downzonings it has not gone through the major task of finding out for every rezoning whether or not all the conditions have been complied with. 4 Commissioner Graham said he did not feel an applicant should have to jump through a new hoop because of the failure to complete all what was proposed with the original zoning if, in fact, the hoop is rudimentary that would just be technical, time consuming and costly. He said, however, his concern is that a zoning is not really valid if conditions are not complied with. He also expressed his concern of the Commission removing the negligence of the past and approving an application for an industrial/commercial use at a future date which has not been specified at the present time. Mr. Fuke said the bottom line is whether this area is or is not appropriate for a light industrial zone, and the General Plan and circumstances have not changed. He said if the zoning is nullified and tomorrow a person applies for the same p industrial zone, he felt the Commission would approve it, given all the circumstances, the surrounding area, GP designation, etc. He pointed out the critical issue was that the impacts associated with the intended use have to be addressed through conditions of approval. Commissioner Graham clarified that he did not think the Commission would approve an application if an applicant applied for rezoning without specific plans, as it would be a hypothetical situation. In response, Mr. Fuke said zonings are done by categories of uses as distinguished from special permits, wherein for a change of zone a person can propose to have warehouse but in the end put in a service station, or any other uses that would be allowed in that zoned district. Mr.Yuen said the Department is accommodating a situation where the property owner is not ready to proceed with industrial zoning but wants to expand and renovate the existing single family dwelling, which requires a modification to the zoning ordinance. He said the applicant could have the property zoned to residential and then in the future rezoned to light industrial when conditions change; however, he felt the property should be zoned for light industrial uses and in trying to avoid making an excessive amount of work for people he was proposing this alternative. In response to Commissioner GrahamÓs further inquiries, Mr. Yuen clarified that what is proposed is a conditional zoning wherein the land is zoned ML but the applicant cannot do any industrial development on it until curbs, gutters and sidewalks are installed, noting it is a buyer beware situation. He added that the applicant did not submit an annual report but the nonsubmittal does not cause the revocation of the zoning; and that he and other past Planning Directors have not initiated downzoning of other properties, noting there man, many applicants who have not met the conditions of approval home is a nonconforming structure, it can remain as a residential structure and rented out if the applicants wish; however the expansion of the dwelling because itÓs nonconforming in the light industrial zone is not allowed, which is the reason for the application before the Commission. For Commissioner SpringerÓs information, Mr. Yuen said the integrity of Ordinance 99 38 is not in any way impaired by the CommissionÓs approval of this request, noting conditions would still have to be met and the Director can still initiate rezoning based on 5 noncompliance of conditions. He said that to rezone a property to its original or more appropriate zoning designation would entail going through the whole process of notifying adjoining property owners, going before the Planning Commission and then ultimately to the County Council. It was moved by Commissioner Kubota and seconded by Commissioner Fujikawa to send a favorable recommendation to the County Council based on and incorporating the Planning DirectorÓs recommendation, with Condition B amended to read, ÐFinal plan approval for any new nonresidential structure or use shall be secured from the Planning Department to assure adequate time for plan approval review and in accordance with Chapter 25-244, Zoning Code, plans shall be submitted a minimum date by which Plan Approval must be secured. Plans shall identify structures, landscaping, parking stalls associated with the proposed uses.Ñ A roll call vote was taken and motion carried with eight ayes (Kubota, Fujikawa, Graham, Mina, Smith, Springer, Thibadeau and Galdones) and one absent and excused (McCall). REZ 698The Commission took this item up at 11:29 a.m. PAUL with approximately 3 people from the public in attendance. OGASAWARA PHOA, PUNA APPLICANT: PAUL OGASAWARA (REZ 698) - Request to amend Conditions C and D (required roadway improvements) of Ordinance No. 00 128, that amended Ordinance No. 91 116, which reclassified 4.901 acres of land from Agricultural (A-1a) to Neighborhood Commercial (CN-20) zoned district. The property is located at the junction of the Phoa Bypass Road and KeaÒau-Phoa Road and also borders Kahakai Boulevard, Keonepoko Iki Homesteads, Phoa, Puna, HawaiÒi, TMK: 1-5-7:20. (SEE EXHIBIT C) SLU 03-001/The Commission took this item up at 12:08 a.m. REZ 03-001)with approximately 3 people from the public in attendance. PUNA SUGAR MILL, LLC KEAÒAU, PUNA APPLICANT: PUNA SUGAR MILL, LLC (SLU 03-001/REZ 03-001) - Applications for a State Land Use Boundary Amendment from Agricultural to Urb approximately 14.901 acres of land, and a Change of Zone by changing the district classification from Agricultural (A-20a) to Limited Industrial (ML-20) for approximately 14.901 acres and Agricultural (A-5a) for approximately 8.724 acres of land. The property is the former Puna Sugar Company Mill site, on the north side of Milo Street extension, and bordering McCullyÓs MCX Subdivision, KeaÒau, Puna, HawaiÒi, TMK: 1-6-3:99. 6 There was no one from the public testifying on this application. As per the applicantÓs April 10, 2003 written request, it was moved by Commissioner Kubota and seconded by Commissioner Springer that the hearing be continued. Motion was unanimously carried by a voice vote of all Commissioners in BILL NO. 47The Commission took this item up at 12:10 p.m. with COUNTY COUNCILno one from the public in attendance. MCX DISTRICT COUNTY COUNCIL INITIATED - Proposed Bill No. 47 amending Chapter 25, Zoning Code, of the HawaiÒi County Code 1983 (1995 Edition) as amended, relating to permitted uses in the Industrial-Commercial Mixed Use (MCX) District. The proposed bill is to add specific uses to the list of permitted uses. (SEE EXHIBIT D) MINUTESAt 12:17 p.m., the Commission took up the following minutes: March 7, 2003 - It was moved by Commissioner Springer and second Commissioner Mina that the minutes be approved as circulated. Motion was unanimously carried by a voice vote of all Commissioners in attendance. February 21, 2003 - It was moved by Commissioner Mina and seconded by Commissioner Smith that the minutes be approved as circulated. Commissioners Springer and Graham stated they will not be voting on this matte present at the meeting. Motion carried with five ayes (Kubota, Mina, Jr., Smith, Thibadeau, and Galdones), two absent and excused (Earl Fujikawa and McCall) and two abstentions (Graham and Springer). ADMINISTRATIVEAt 12:21 p.m., the Commission took up the followin MATTERSadministrative matters: AT&T Special Permit Î Mr. Torigoe reported that the appellantÓs attorney said they plan to withdraw the appeal of the Planning CommissionÓs decision on the cell tower in Capt. Cook from the Appellate Courts. ANNOUNCEMENTS At 12:23 p.m., the following was discussed under Announcements: th May 8, 2003 Î Mr. Hayashi noted the next meeting is scheduled for Thursday, May 8at the Ohana Keauhou Beach Resort. 7 ADJOURNMENTThere being no further business, the Chair declared the meeting adjourned at 2:24 p.m. Respectfully submitted, Sharon M. Nomura, Secretary A T T E S T: Fred Galdones, Chairman Planning Commission 8