HomeMy WebLinkAbout2005-06-03 TPLESCIA
PLANNING COMMISSION
COUNTY OF HAWAII
HEARING TRANSCRIPT
JUNE 3, 2005
A regularly advertised hearing on the application of GREGORY J. PLESCIA (SPP 05-007) was
called to order at 11:02 a.m. in the County Building, Councilroom - Room 201, 25 Aupuni
Street, Hilo, Hawaii, with Chairman Fred Galdones presiding.
PRESENT:Fred GaldonesABSENT & EXCUSED: Allen Salavea
C. Kimo AlamedaRodney Watanabe
Bill Graham
Andrew Iwashita
Jeffrey McCall
Rene Siracusa
Hannah Springer
Ivan Torigoe, Deputy Corporation Counsel
ChristopherJ.Yuen,PlanningDirector
Norman Hayashi, Planning Program Manager
Phyllis Fujimoto, Staff Planner
Jeff Darrow, Staff Planner
And approximately 5 people from the public in attendance.
APPLICANT: GREGORYJ. PLESCIA (SPP 05-007)
Special Permit to allow the construction of a 2,400-square foot building for a certified
(commercial) kitchen on approximately 2,400 square feet of land situated within the State Land
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Use Agricultural District. The property is located along the makai side of Uluhe Street (33
Street), approximately 2,500 feet northwest of Makuu Drive, Hawaiian Paradise Park
Subdivision, Keaau, Puna, Hawaii, TMK: 1-5-16:portion of 142.
GALDONES:Commissioners, we are on Agenda Item No. 2. Applicant is Gregory J.
Plescia (SPP 05-007). This is a Special Permit to allow the construction of a 2,400-square foot
building for a certified (commercial) kitchen on approximately 2,400 square feet of land situated
within the State Land Use Agricultural District. Jeff.
DARROW:Thank you, Mr. Chairman. Good morning, Members of the Planning
Commission, Mr. Chairman. If I could direct your attention to the location map. The area of this
application is within the Puna district. More specifically were looking at Hawaiian Paradise
Park Subdivision, as well as Orchidland Subdivision. This white line traveling in a north-south
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Avenue is the area of
direction is the Keaau-Pahoa Road. The blue dot identified here on 33
thisapplication.IfyouweretravelingonKeaau-PahoaRoad,youhaveMakuuDrivehereand
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Paradise. It would be in between Makuu and Paradise on 33 Avenue.
1EXHIBIT B
If I could direct your attention to the site plan submitted by the applicant, on the low portion of
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the site plan we have 33 Avenue. The proposed certified kitchen is identified in red. The
applicant in this case, Gregory G. Plescia, is requesting a special permit to construct a 2400-
square foot steel building to have a certified commercial kitchen. The applicant intends to use
the facility for storage and for processing of foods to be able to sell to wholesale and retail
outlets. The applicant also proposes to be able to rent the facility to other businesses such as
lunch wagons or catering businesses.
Conditions to mention in the application, well, let me go back here. I want to bring your
attention to, in the recent General Plan amendment, weve had several areas in this general area
that have been, that the General Plan designation has been changed. Three of these are identified
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on the map. This dark green area is zoned Open. This is on Makuu Drive between 24, 25, and
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26. This has been changed from Orchard to Medium Density Urban as well as this area here
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on 24 and 25; and Kaloli has been changed from Orchard to Medium Density Urban. And,
lastly, the area on Orchidland Drive where we have the Orchidland Convenience Center as well
as the Orchidland Trade Center, that area is also another node that has been changed to Medium
Density Urban.
In our conditions, Condition No. 2 specifically, the Director is recommending that the life of this
permit be for a period of five years, or until an Industrial zoned area becomes available within a
four-mile radius, or one of these areas that are designated Medium Density Urban has been
developed either by special permit or through the rezone process. If these become available
within a four-mile radius, then the applicant is to be required to relocate, given a reasonable
period of time to be able to relocate to these areas. Again, these would be more specifically on
ththththth
Makuu, 25 and 26, Kaloli, 24 and 25, and the Orchidland area by 34.
Another condition to bring to your attention is the Condition No. 4 which limits the size of the
structure to the representation of the applicant, which will be 2400 square feet gross floor area.
The applicant has submitted a letter this morning. And just to clarify that in the letter it is
mentioned that there is also a dump truck business that he operates, he has a dump truck that he
does deliveries. This is not part of the special permit, just for clarification. The Planning
Director is recommending that this application be approved by the Planning Commission. Are
thereanyquestions?
GALDONES:CommissionerSiracusa.
SIRACUSA:Yes.InoticedConditionNo.8,Signageshouldnotbevisiblefrom
Highway 130, Im wondering if the structure itself would be visible from Highway 130. Were
talkingaboutatwo-storystructure,anditsjustoneblockin,isthatcorrect?
DARROW:Correct.Thankyouforbringinganotherthingtomyattention.Recently
in December 2002, as well as in June of 2003, there were two other special permits that were
approved on this roadway. One of them is Whitney Investment and Mango Trust, which is a
construction baseyard. They also have a steel building thats seen from the Highway. As well as
Walter Tavares which operates an automobile repair and towing business, their structure can be
seen from the highway. I cant answer if this will be able to be seen from the Highway; but
based on whats there now at this time, its likely that you would be able to see this structure
from the Highway.
2EXHIBIT B
SIRACUSA:The reason Im asking about this is that when we were reviewing the
Yamada case, we were concerned about strip development on the highway and the visual
impacts of it, not only the traffic impacts, but the visual ones as well. And we also already have
some visual impacts due to these other already permitted, although limited life permitted,
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structures on 33 Street. So it looks like were almost moving towards creating the visual
impact that were trying to avoid for the Highway, just one short block in. And I have concerns
about that. I was wondering if the Director had considered that in his reviewing of this
application.
GALDONES:Mr. Yuen?
YUEN:Actually Im more concerned about the ones that we approved that are
actually along the Highway. I did look at this. I wasnt exactly sure where this was the last time
I drove out there. I think that there are houses along the Highway, between the Highway and this
piece of property. Is that right, no?
DARROW:Its clear at this point.
YUEN:Okay, its not correct then.
DARROW:There is some vegetation, but the vegetation is low-lying. Its not high
enoughthatitblocksvisualfromthehighway.
YUEN:Ijustwantedtogetanideawhatthelandscapingrequirementwouldbe
because it would be a front yard, this would be an Industrial with a front yard.
SIRACUSA:But wouldnt it be the backyard that would be facing the highway or -?
YUEN:No, that would be the front.
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SIRACUSA:No, this is on the makai side of 33
.
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YUEN:The mauka side of 33.
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SIRACUSA:Oh, mauka side of 33.
DARROW:No, this would be on the makai side.
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YUEN:Well, I mean, its on themakai side of 33 but facing mauka; and that
wouldbea,wewouldconsiderthatafrontyard.Yeah,thatwouldbeaminimum10-footwide
landscape strip with a minimum of one tree and ten shrubs per 35 lineal feet of frontage. So its
notaheavybufferingrequirement.IwouldsaythelandscapingrequirementunderRule17is
heavier for the side and the rear than for the street frontage.
GALDONES:Further questions?
SIRACUSA:I have another question -.
3EXHIBIT B
GALDONES:Commissioner Siracusa.
SIRACUSA:Of staff. Yes, I noticed that we didnt have a response letter from the
Department of Health. And I was wondering if one has come in sincewe looked at this last
because I had two questions. One is about cesspools as opposed to septic, if youre having a
certified kitchen you use a lot of water, and, I believe, its a 100 gallons a day thats the
requirement that would tip the balance to accept it. And the other is whether they would approve
of catchment for a certified kitchen.
DARROW:If you could refer to Page 5 of the Background/Recommendation, No. 28,
the comment letter was short. So when it is short were able to type it in on the background
report. Basically I did speak with them and they did say that a certified kitchen can be approved
by catchment, but they have to bring in potable water. So they will be required to haul in that
water.
SIRACUSA:Soitsbasicallynotcatchment.Itsacistern?
DARROW:Iguessyouwouldcallitthat.Itsacatchmenttankbuttheyllhaveafood
grade liner, and they have to meet their specifications.
ALAMEDA:Chair?
GALDONES:Commissioner Alameda.
ALAMEDA:Thank you. Jeff, I just have a question. Im thinking in my mind that, you
know, if this applicant came in, I mean, if they just wanted to build, say, a barn of this size,
maybe a metal barn, is the special permit really for the kitchen?
DARROW:Yes.
ALAMEDA:So the visual impact will be there regardless. I mean, if they wanted to
build a barn, the visual impact would be already there without a special permit?
DARROW:Correct.
ALAMEDA:Okay.
DARROW:We had a situation with this Whitney Investment Mango Trust where they
actually came in for a permit for a single family dwelling that was a steel building. Later they
ended up turning it into a baseyard. But, at the time, we couldnt really say that it was not a
single family dwelling, though it was steel. But it was approved as a single family dwelling in a
steel building.
ALAMEDA:Thank you.
GALDONES:Further questions of Jeff?
4EXHIBIT B
YUEN:I missed the answer on the Water Supply. They cannot use catchment for
the certified kitchen, right? They have to truck in County water to a food-grade -?
DARROW:Liner.
YUEN:Tank.
DARROW:Right. Im sorry, the term catchment is, Im thinking of a tank that has a
food-grade liner; but within that it has to be potable water thats brought in.
SIRACUSA:Do we have to change any wording to make that very specific or is it
automatically covered in DOH rules then?
YUEN:Its covered in your general follow all applicable rules and regulations.
ItspartofDepartmentofHealthsrules.
DARROW:IfIcouldinterject,theresalsothepossibility,DepartmentofWater
Supply had submitted a comment, Exhibit C, at this time County water is not available at the site.
But there is the possibility in the future, and maybe the applicant can speak more to this -. But
there are costs involved, and there are liability issues that need to be addressed. But in the future
there could be the possibility that they could get County water to the site.
YUEN:Theres a big transmission line on the Highway, but I dont think theres a
lateral to this guys site.
SIRACUSA:Yeah, its one block away.
GALDONES:Further questions of Jeff? Further discussions? Seeing none, will the
applicant or its representative please step forward. Could you please raise your right hand. Do
you swear or affirm to tell the truth on this matter now before the Hawaii County Planning
Commission?
PLESCIA:I do.
GALDONES:Sir, could you please state your name and your residence address. Yes,
speak into the mike so we can have you recorded, please. Thank you.
PLESCIA:Yeah, my name is Gregory Plescia; and I live at 15-3519 Moku Street in
Leilani Estates, thats Pahoa.
GALDONES:Mr. Plescia, did you receive a copy of the background report and the
recommendation?
PLESCIA:Yes, I did
GALDONES:Do you wish to comment on that?
5EXHIBIT B
PLESCIA:There are a few things that Id like to get a little bit of clarification on if I
could.
GALDONES:Proceed.
PLESCIA:Lets see, on Page 4 under usual conditions, anyway, one of the reasons, I
mean, I chose this spot, you know, I was encouraged to onthis piece of property, is because it
was being considered at one time as a place that had potential or it may be redesignated for this
type of commercial activity. And, also, the places that are mentioned, I mean, are kind of far
away from the community, in other words, having to go to Keaau to try and do business. And
the other mention of Hawaiian Paradise Park Master Plan and the properties, a couple of them
that Jeff Darrow mentioned in his opening statements, inside the park arent really available, you
know. And the possibility of the Park making those things or being available inside the park, for
example, with all private roads, I mean, even my first conversation with Bobbi Stutsman when
shesawmypermitapplicationtheirconcernimmediatelyistheimpactontheroadsofthiskind
of a project. So I was able to answer that, you know, for her, you know, and for the Owners
Association of Paradise Park, being involved in paving of the road, along with, theres two other
applicants or two other people that have special use permits there. But these properties that are
mentioned under unusual conditions here that are supposed to be available, its like, I mean, in
actuality theyre not really available. And this is one of the things, you know, why I kind of
went for this particular piece of property. And I saw that permits had been given to other people
in that area and I thought this was, I dont know if appropriate is the right word, or -, it seemed
like I was going in the right direction. So, anyway, as far as unusual conditions, thats what I
was looking at.
There was one other statement -. Anyway, I was hoping for more than a, like everybody else,
was hoping for more than a temporary permit, because the conditions of the Owners Association
of paving the road and trying to bring water into the property are pretty big expenses. And if I
only have a five-year temporary permit, spending a lot of money to locate and try and operate
this business inside here with only five years -. But, anyway, that was one concern.
The other one was on Page 7, No. 3, and I think that had to do with, I didnt quite understand that
final plan approval from the Planning Director shall be secured within one year. I really didnt
understand. I thought that there was going to be a decision made here today regarding this
permit, and that depending on that and my application for a building permit to construct a
building that I would know, you know, in a shorter period of time than one year, unless I dont
understand what its saying right there.
SIRACUSA:Would the Director care to clarify for the applicant?
GALDONES:I dont know if Mr. Plescia wants to lay it all out first, and then have
Mr. Yuen respond to it. There are several things he had already -.
SIRACUSA:It might help him to lay it out.
GALDONES:Yeah, you want to lay it all out, Mr. Plescia, then and well respond to it,
or you want to address each item as you go along?
6EXHIBIT B
PLESCIA:Well, if this is going to be included later on in discussion, then thatsall
right, you know.
And then, lets see, there wasanother question also on Page 8, No.7, a drainage study shall be
prepared, a recommended drainage system shall be constructed meeting the approval of the
Department of Public Works. And when I receive the comment from the Department of Public
Works about that, the person that I spoke to seemed to be confused that that would even be a part
of this discussion or be a part of the permit. He was confused that I had even received a memo
with regards to this. And so when I see it here on this, on the Planning Commissions
recommendation, you know, I was kind of confused about that also, that I was going to have to
get a study done, and the recommendations for drainage on the property. So those were, just
briefly out of the recommendations, those were things that I had kind of questions about that
maybe I needed some clarification.
GALDONES:Sure.JefforMr.Yuen?
DARROW:Icangoaheadandanswerthose.Mr.Plescia,asfarasyourfirstquestion,
the areas that we had mentioned in this section of the recommendation that you had pointed out,
these, as part of Condition No. 2, the life of the permit is for a period of five years. It can be
extended by coming back to the Planning Commission. If during that time or at a time in the
future, it maybe be a short time, it may be a long time, we have no idea how long its going to
take, if these areas are developed then at that point its the direction of the Planning Commission
and the Director to see these types of businesses that have received this five-year term to be
relocated to these areas that have been specified for that type of use. We have no idea, as you
had mentioned, we dont know when Paradise Park, the nodes will be developed in that area.
Right now we have development occurring at the node in Orchidland. So, again, that could be a
situation that affects your permit. If there becomes an area available in that development, such
as the Orchidland Trade Center or the Convenience Center, there may be a request for you to
relocate to a bay in those areas. The other areas that we are aware of in this particular area of
Puna is Keaau and Pahoa; but those again, those are outside of your four-mile radius. So were
looking more in a four-mile radius.
In regards to your question number two, the plan approval is a process mainly for
commercial/industrial type uses where even, its not dependent upon todays approval. Once
you receive the approval today, if you receive it, its a condition that you need to bring your
plans in for review to make sure that you meet the requirements of this business in regards to the
parking, landscaping, height limits, the structure itself, those kinds of things. So its just a
process thats part of this permit.
And in regards to your question number three regarding the drainage study, we had received a
comment letter from the Department of Public Works, Exhibit B, and they had actually requested
the drainage study; and thats why we had placed it as part of a condition in the permit.
PLESCIA:Yeah, because when I had spoken to them on the phone about that letter,
he seemed kind of confused that it was even -.
7EXHIBIT B
DARROW:Was he confused that he put it in? He might have just been doingaswhat
happened earlier, a cut and paste, and maybe this may not have been relevant to the situation.
But we had received it and we usually put those in as part of the conditions.
PLESCIA:Okay. One other thing though is Commissioner Siracusa mentioned that
the building was another two-story building, and this is not a two-story building.
SIRACUSA:Okay, how high is it then?
PLESCIA:The side walls will be 12 feet.
SIRACUSA:Thank you for clarifying that.
PLESCIA:Youre welcome.
DARROW:If I could also clarify for the record -. In regards to the time extension for
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thepermit,itdoesstateinConditionNo.2thatnotimeextensionwillbegrantedunlessthe33
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Avenue is paved with a 20-foot wide pavement from Makuu to 33; and that applies not only to
Mr. Plescia but also to Mr. Tavaresand to Mr. Gapp, that was Whitney Investment and Mango
Trust. So if they come in for an extension and the road is not paved, then at that point the
condition states that there will be no time extension granted.
GALDONES:Commissioner Siracusa.
SIRACUSA:Mr. Plescia mentioned in regards to that that would increase his cost
considerably and might even be unaffordable. I was thinking about, you know, adding on to that
cost of, putting in a certified kitchen is an expensive proposition. And do you feel that you can
amortize it out over the five-year period, not only the cost of the certified kitchen but all the
other subsidiary costs that were talking about here, and still make this viable? Or do you think
you might want to reconsider and go back to the drawing board and look at another location like
ontheOrchidlandareatherewhereitsalreadyzonedproperly?
PLESCIA:IthinkformeinitiallywhenIheardaboutthisandinitiallygotinvolved,
there was a tremendous amount of encouragement; and apparently from what I, I dont have the
people here with me to support this. But when Wally Tavares came in and got his special use
permit there was a discussion during the recess on how to get over the problems that, I guess,
Paradise Park was, the owners association was contesting his project on the basis of the impact
on the road.
SIRACUSA:So let me clarify then. The assurances and the support that you were
given did not come from the Department or from the Commission but from other people who had
already gotten their approvals with the five-year extension? Is that accurate?
PLESCIA:The approval or the encouragement that I received was from a discussion
that a number of people were involved in -- apparently Planning Commission or Planning
Department employees, and Paradise Park, the manager, which Im not sure if it was Bobbi
Stutsman at that time when Wally got his permit. But he said, you know, Im not really
interested in a temporary permit, I want to operate this business as a commercial operation here.
8EXHIBIT B
And they said, well, if you want commercial or whatever, thats fine, were behind you 100
percent. And that was, thats how it was characterized to me; and that encouragement came from
both Planning, people in the Department or the Planning Commission, and the subdivision
manager. So I bought the property. And I think it was related to me as,Oh, do this Greg, its a
slam dunk cause the County is behind it and the subdivision is behind it. So your question am
I going to be able to amortize the costs out over -?
SIRACUSA:Over the five-year life of this permit.
PLESCIA:In five years -.
SIRACUSA:Yeah.
PLESCIA:I dont think realistically when you look at the permit and what I ask or
whatImcharacterizingasfarasthenumberofpeoplethatwouldbeworkingthere-.Cause
this is a family business. This is what Im in for, is a certified kitchen for my family. And to see
the amount of money that I put into it already just buying the property, and I bought a building,
and then seeing, to bring water from the highway over to that piece of property, which is actually
what you really have to do to run a certified kitchen, and the cost of paving up to and including
my property which is probably going to be $20,000 something dollars a piece like that, that itd
be very difficult -.
SIRACUSA:And the three sinks and the hood, and all of those things, too, yeah.
PLESCIA:Yeah, it would be very difficult to see that like that. But in reality and
looking and seeing that -. Is Paradise Park going to dedicate any of those three roads from the
Highway, Paradise, Kaloli, or Makuu, down to those commercial sites, or are they going dedicate
to the County any other lateral roads that would run into those industrial sites? And Ive looked
into and spoke to people who own property in the nodes that have been approved by the County
in the General Plan, the one on Orchidland Drive, and basically there is no space even available
and, its spoken for. And in looking at the cost of property now, this is my best shot. And so in
looking at the way I looked at it, this is my best chance. This is my best chance, you know, is
to -.
SIRACUSA:This is really interesting because when Verne Wood was testifying on the
Yamada case he was telling us how there was all this area that was available on the Orchidland
Drive.
PLESCIA:Vern Wood said that all his places are spoken for on that piece of property
that he has. I know that Jeff Darrow said that he inquired over behind the Wiki Wiki Store, that
property over there, that there might be some openings for a small place inside there; but to my
knowledge theyre not. Theyre all spoken for. So its my hope that -. You might see me again
in five years asking to be there for another five years; and there may not be property available, in
reality, you know.
GALDONES:Jeff, that paving requirement, is that the Departments or that is the
Hawaiian Paradise Park Homeowners Associations requirement?
9EXHIBIT B
DARROW:They had requested it within their, I guess, in a conversation with
Mr. Plescia and Bobbi Stutsman, the president of the Homeowners Association. We had placed
in a similar condition previously with the Tavares special permit, so we were mirroring that
condition. There was a possible contested case; and the resolution was that they agree to pave
this road. And if Mr. Plescia could expound on that conversation maybe with the Association -.
Its my understanding that the Association is also asking Whitney Investment and Trust to be a
part of that paving, although it wasnt required in their special permit. That was the permit that
was, the original permit in this area.
GALONES:Commissioners, any further questions of Mr. Plescia?
YUEN:Could I ask him a question -?
GALDONES:Mr. Yuen.
YUEN:Just so were really clear on this? Did you ever, yourself, talk to anybody
inthePlanningDepartmentbeforeapplyingforthisaboutyourpossibilitiesofgettingaspecial
permit and what kinds of conditions might be put on it?
PLESCIA:Over the counter. You know, somebody met me over the counter, you
know, like that.
YUEN:And what did that person tell you?
PLESCIA:They didnt characterize it the way I did. You know, I cant remember
exactly, you know. And Im hesitant to say something like that, oh, someone told me it was
going to be a slam dunk and so I did, cause thats, you know -. But that was part of the context;
and these people arent here today, you know, I dont know why. You know, Wally couldnt
make it today or, you know, or Vern. And weve had meetings with, we had a meeting at one
time and there was, I think, five other people who were residents/owners on the street who came
to the meeting. And we spoke about this, what our intentions were, and what we were trying to
do; and they were pleased and, you know, they were behind us. I think that at that point there,
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we realized that at one time that street, that portion of 33 street, was being spoken about and we
were trying to have it added so that it would be included inside the General Plan, the change to
the General Plan. So there was discussion on that street, I think both sides of Makuu, I mean
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33, or come lateral off of Makuu Drive; but apparently they werent included. They didnt
make it into the draft, you know. I think it was part of the second draft proposal or something
like that; and it didnt make it.
But I was encouraged by the fact that the County allowed, you know, special use permits for a
couple of businesses who wanted to be complying in some way, not be hiding down in the
subdivision or some other corner of lower Puna operating a business. Because the demand is
there, and people are looking for jobs and looking to get involved in business, and looking for a
place to be there. And so far Paradise Park or, you know, I mean, were a sparsely populated
communityandtheresnottherevenuetogooutthereandbuildroadwaysallovertheplace
inside the park even. So to allow these other, I think those were all Watumull property at one
time,thesecommercialareasforlightindustrialandwhatnot.SoIthinkthat,youknow,
especially like Wally and everything, he wanted to be above board and everything. He didnt
10EXHIBIT B
want to be just some other shady operation hiding in the park or some other corner of Paradise
Park. And the place has been discussed at one time, and he was encouraged and came inside
there. And I was encouraged by him and the other people who attended his meeting who
apparently heard this characterization of his, you know, oh, were behind you 100 percent, you
know, and if you want it, you just have to, were behind it, we support you.
YUEN:I just wanted to make it clear that what youre saying about statements by
Planning Department people are things youre recounting as having been told to you by
Mr. Tavares and not your own experience in coming into the Department?
PLESCIA:Yeah, okay, right.
YUEN: Okay, thank you.
GALDONES:CommissionerSiracusa.
SIRACUSA:IhaveaquestiontotheDirector.Inthediscussionattachedtothe
application 4.D. Unusual conditions, trends and needs, blah, blah, theres a wholediscussion
referring to the Puna Community Development Plan. It is my recollection that the Puna
Community Development Plan was never passed, and specifically because the Technical
Reference Report which is referred to here was found to have an awful lot of factual errors. I
was at the hearing when people were standing up and saying this data about population, about
number of lots, etc., in my subdivision is not accurate; and based on that the Council decided not
to approve the plan. So why is it in here?
YUEN:I dont see a reference to the Puna Community Development Plan. I see
the Hawaiian Paradise Park Community Master Plan.
SIRACUSA:Okay, wait a second. Attached to the -.
DARROW:No, this is the application.
SIRACUSA:Application for Special Use Permit.
DARROW:Yeah, this is the Applicants -.
SIRACUSA:Okay, and then Exhibit A, excuse me. Theres the actual application that
the applicant filled out and then theres discussion following that, a special permit request. And I
am looking at l, 2, 3, 4 pages in 4.D. Unusual conditions and theres a reference to the Puna
,
Community Development Plan.
YUEN:Well, the applicant chose to cite this aspect of the Puna Community
Development Plan in his application.
SIRACUSA:So this is the applicants, this is his entry?
YUEN:Yes.
11EXHIBIT B
SIRACUSA:Okay. Thats what I wanted to clarify. I was thinking it was the
Department who, or staff, who put that in.
GALDONES:Further questions or discussions? Seeing none, is there anyone here, I
dont have anyone listed, but is there anyone here from the public whos wishing to testify on the
subject matter? Okay, seeing none, Jeff.
DARROW:Mr. Chairman, ithasbeen brought to my attention that wed like to amend
the recommendation, two short deletions.
First deletion would be, the reason we are requesting this particular deletion is basedon the letter
that was submitted by the applicant this morning, stating that he really doesnt want to rent to
outside vendors because of liability and security reasons but that he wouldlike to operate as a
home business.
Wed like to delete Page 1, paragraph 2, the last sentence that states, The applicant may rent the
kitchenfacilitytootherswhowanttoselltothepublic,suchaslunchwagonsorcatering
operations.
The second portion that wed like to delete is on Condition No. 2, Im sorry, Condition No. 6, the
last sentence of Condition No. 6. So this condition would not allow for the facility to be rented
to other types of operations. It would be basically a family home business.
GALDONES:Commissioner Siracusa?
SIRACUSA:Yeah. Can we add some wording about landscaping along the front yard
to make sure that theres no visibility of the structure from the highway, such as Lombardy
poplars or something that will grow tall and do some blocking?
,
GALDONES:Jeff, in the other permits in reference to visibility, this condition that is
stated here, Condition No. 8 refers to signage. Was there also other conditions as far as the
building visibility?
SIRACUSA:Theres something in 3 about landscaping. It just says shall also be
indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to
adjacent properties. Im wondering if possibly we can add to adjacent properties or from the
Highway?
GALDONES:Jeff, is that a standard requirement that weve had in others, too? Is there
something we can put in?
DARROW:Not that Im aware of. The Director might recall one. But -.
YUEN:Well, if you want to put a condition that its absolutely not visible, then
that would be, youd have to make a new statement to that effect. Just stating mitigate doesnt
really do it. The condition that weve written requires landscaping. I would say, you know,
without going all the way through Rule 17, I would say it requires pretty heavy landscaping on
the side and the rear but not really that much on the front, because thats the way its set up.
12EXHIBIT B
Their landscaping rule is set up that way. And so if youre trying to do something different, if
youre trying to block the view from the front of this thing -- and I dont know whats on the
property now, I dont think that theres a lot of existing vegetation that would serve that feature,
so, again, -- youd have to prepare a different rule.
rd
SIRACUSA:Could I ask Mr. Plescia to tell us if theres any vegetation on the 33
Street end of the property, and what kind of vegetation it is that might be, you know, like trees
that might be blocking the view of the building?
PLESCIA:Are you speaking about, excuse me, are youspeaking about existing
vegetation on the property?
SIRACUSA:Yeah.
PLESCIA:The property was bulldozed by the previousowners.
SIRACUSA:Pinto pin?
PLESCIA:Pardon me?
SIRACUSA:Pin to pin?
PLESCIA:Yes.
SIRACUSA:So there is no vegetation in the front right now, basically, no tree type?
PLESCIA:No, no. There is only a remnant of Uluhe and couple of very smallohia
trees that have grown up in the time since they bulldozed it, but it had to be a long time ago.
SIRACUA:Would you be willing to put in some tree planting in the front?
PLESCIA:I intend to do, I have a lot of palms, clumping palms, that I intended to put
insidetherejustforthatpurpose,entirely,eventhefront.IknowthatprobablytheDirectorwas
talking about the sides and the rear, but I intend to put them in the front also.
GALDONES:Okay, further discussions? Commissioner Graham.
GRAHAM:I just wanted to, Im not real sure that when you first brought up your
concerns with the recommendation whether everything has been made sufficiently clear to you
about why things are written the way they were and all; and I just wanted to just make my own
personal comment regarding the 5-year thing. My understanding is that if theres other land in
the nearby area which is zoned appropriate for this kind of use, you know, youre going to be
required to move. But, as you say, that may not happen for a very long time. Your permit would
be for five years if we grant it, and you can come in for an extension; and you wont meet us
because all our terms are only five years so you have a whole new bunch of people here. But I
just wanted to say, you know, in the past if theres no new conditions going on, which sort of
mean that the original permit granting situation hasnt been markedly changed, generally we do
favorably grant extensions. So, you know, I think you can expect it could be granted if
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conditions dont change. However, the road condition is a condition that will not be extended so
that if, in fact, the road didnt get paved and you wanted to continue, youve got to come in brand
new and ask for a whole new permit to do that. And the reason for all this is just that we, you
know, in planning we try to plan industrial and commercial uses in industrial and commercial
areas, as you know; and so we dont want to make a long-term commitment in the agricultural
area to some different kind of use. So this is probably all stuff you already knew. I just wanted
to make it clear that was my understanding.
PLESCIA:Thank you.
GALDONES:Commissioner Siracusa.
SIRACUSA:Also, as youre aware, the likelihood of things not changing is very small.
Youve seen the way things have been going in Puna, even in the last year. I mean, the changes
arerampant.So,justtoletyouknow,youcantcountonit.
PLESCIA:Right,right.No,Iunderstandthat.AndtheinterestingthingasIwent
through this application process, it was to realize that, you know, that actually what Im applying
for and what I intend to do, the County allows it to be done on agricultural property, provided
that whats being processed inside the building is being grown, and Ive heard this characterized
two ways, is that whatever is being processed inside the facility is either being grown on the
property or in the State. So if its a product in the State it could be processed inside there. But I
think as I read it over again, and that was in the Hawaii Revised Statutes, I think its 205, well, I
dont have it right here, but it discussed what you can do on agricultural property. And youre
allowed to have processing facilities on agricultural property for purpose of processing what you
grow on the property. And Ive heard it also characterized, correct me if Im wrong, also youre
allowed to process whats produced inside the State. So the only, it almost boils down to, you
know, as long as Im professing coffee, or taro, or something like that, its all right. But if Im
going to buy chicken from Arkansas or something, and make laulau or something like that, or if
the pork comes from out of the state, that is not permissible.
YUEN:To clarify the line here, agricultural processing is an allowed use in the
Agricultural District, which youre in. So you could do things like dry papayas, can macadamia
nuts, those kinds of things. But it sounded, it seems like you wanted to prepare a wide variety of
goods, if Im not mistaken. And so if you want to make fruit cakes, pies, breads, you know,
theyre -. All foods are based on agricultural products in the area but you cannot just prepare any
kind of food and call it agricultural products processing. Thats really limited to taking a
product, a raw product, and doing immediate processing to the next level there. It doesnt cover
things like a commercial bakery, for example, or, you know, something where youre making
donuts and pies, and the full range of things that I think that youre looking to do. Thats what
pushes it over into the line of the special permit.
PLESCIA:I even thought for a while it was wrong for me to characterize a kitchen if
I wrote it in my permit application as a commercial kitchen, cause that makes it look like a
larger concern, like a processing facility thats much more than the normal certified kitchen that
you see all over the place and people attach them to their houses. You know, right there in
Leilani Estates theres more than one, might be three of them. Now, theres one in Nanawale
thats almost like a drive-in restaurant. And so its almost like maybe my selection of building
14EXHIBIT B
and characterizing it as a commercial kitchen was a mistake on my part because it might seem to
you as its going to be another Armour Foods or something like that; and thats not really the
thing.
We just wanted a certified kitchen where we could produce food stuffs that we can sell to the
public, because you cant legally sell to the public without having certified premises. My first
trade is a sausage maker; and weve made sausages before, and smoked meats. And my wife is a
good cook and makes good lumpia and other dishes, you know, Filipino dishes. So within a
certain range like that, we would hope to be able to produce a product that we would be, and
involve our children in, that wed be able to sell to the public and to wholesale like to a market.
You know, as long as you can produce it and supply them on a regular basis, theyre happy to
have you inside their markets like that. So, to me, its a means of getting out of the dump truck
before I break my back anymore, without not more than wanting to establish the next Armour
Foods on the island.
And I understand that the Councils concern, were trying to control development inside there
andyoudontwanttospotdeveloporspotzoneallovertheplace,youknow,hereandthereall
these operations. But, you know, were really limited as to where we can do this kind of thing;
and theres a lot of limitations, especially with agricultural property. But Im encouraged by the
location; and the State improved the Highway up there. Right there Makuu is probably one of
the best on-and-off ramps or on-and-off engineering jobs on the Keaau-Pahoa Highway, short of
having a signal. But anyway, thats one of those, all those reasons I felt, you know, encouraged
us to consider that area, so much so that Im kind of in deep already.
GALDONES:So is it my understanding that you still want to proceed with your permit?
PLESCIA:Yes, I do.
GALDONES:Okay. Any further questions or discussions? Okay, before us is the
recommendation for approval by the Planning Director. Whats the wishes of the
Commissioners?
SPRINGER:Mr. Chair?
GALDONES:Commissioner Springer.
SPRINGER:With regard to Gregory G. Plescias special permit application
(SPP 05-007), a special permit to allow the construction of a 2,400-square foot building for a
certified (commercial) kitchen, I move that the Hawaii County Planning Commission approve
this special permit application, taking into consideration the background report, the
recommendations, and the conditions presented by the Planning Director.
SIRACUSA:Excuse me, this includes the deletion of the second sentence of
recommendation number six?
SPRINGER:Including the amendment to the recommendations narrative, last
sentence, second paragraph, Page 1, and the amendment to Condition No. 6.
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SIRACUSA:Second.
GALDONES:It has beenmoved by Commissioner Springer, seconded by Commissioner
Siracusa, that the application by Gregory J. Plescias special permit application (SPP 05-007) be
approved by the Planning Commission, along withthe background report, the recommendation,
as amended. Further discussion? Jeff.
DARROW:Thank you, Mr. Chairman. Commissioner Springer?
SPRINGER:Yes.
DARROW:Commissioner Siracusa?
SIRACUSA:Aye.
DARROW:Commissioner Alameda?
ALAMEDA:Aye.
DARROW:Commissioner Graham?
GRAHAM:Aye.
DARROW:Commissioner Iwashita?
IWASHITA:Aye.
DARROW:Commissioner McCall?
MCCALL:Aye.
DARROW:And Mr. Chairman?
GALDONES:Aye.
DARROW:The motion passes.
GALDONES:Thanks, Jeff. Mr. Plescia, you will be informed in writing of todays
actions.
PLESCIA:Thank you.
GALDONES:Youre welcome.
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The discussion ended at 12:04 p.m.
Respectfully submitted,
Sharon M. Nomura, East Hawaii Secretary
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