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HomeMy WebLinkAbout2007-06-05 TTHOMAS PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT JUNE 5, 2007 A regularly advertised hearing on the application of CYNTHIA KUULEI THOMAS (REZ 07-000065) was called to order at 9:27 a.m. in the County of Hawaii, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii, with Chairman William Graham presiding. PRESENT: William Graham ABSENT & EXCUSED: Takashi Domingo C. Kimo Alameda Alvin Rho Andrew Iwashita Shelly Ogata Rene’ Siracusa Rodney Watanabe Rell Woodward Ivan Torigoe, Deputy Corporation Counsel Christopher Yuen, Planning Director Norman Hayashi, Staff Planner Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner And approximately 12 people from the public in attendance. APPLICANT: CYNTHIA KUULEI THOMAS (REZ 07-000065) Change of Zone from Single-Family Residential – 10,000 square feet (RS-10) to Industrial- Commercial Mixed – 20,000 square feet (MCX-20) district for 22,500 square feet of land. The property is located on the northwest side of the Lanikaula Street – Hinano Street intersection, st Waiakea Houselots 1 Series, Waiakea, South Hilo, Hawaii, TMK: 2-2-36:90. GRAHAM: Our next agenda item today is a change of zone ordinance, an application for a Change of Zone. For that reason again we’ll be only forwarding a recommendation to the County Council. Commissioner Iwashita will rejoin us now for the rest of today’s meeting. This application, the applicant is Cynthia Kuulei Thomas. It’s a change of zone from Single-Family Residential – 10,000 square foot (RS-10) to Industrial-Commercial Mixed – 20,000 square foot (MCX-20) district for 22,500 square feet of land located on the northwest side of the Lanikaula Street – Hinano Street intersection, in the Waiakea Houselots area, South Hilo. Jeff? DARROW: Thank you, Mr. Chairman. If I can direct the attention of the Planning Commission to our location map, again this application is within the South Hilo district. More specifically, we are looking at Hinano Street running in a north-south direction and East Lanikaula Street running in an east-west direction. This large white line is Kanoelehua Avenue. The area of the application is at the corner of Hinano Street and East Lanikaula Street. Just for reference, this is the warehouse structure on the corner of Manono Street and East Lanikaula that houses different businesses, the Hawaii Farm Supply, the Doc Stanley’s Repair Shop, Pacific Wheels Bike Shop. We have the Shopping Center located on the corner of Laukapu and East EXHIBIT A 1 Lanikaula that has different businesses within it. One of them is Dino’s Fish and Tackle as well as the Sputniks Affordable Catering. The applicant in this case, Cynthia Kuulei Thomas, is requesting a change of zone from RS-10 to MCX-20. This is for a piece of property that’s 22,500 square feet in size. The applicant intends to relocate her existing self-storage business which is located in Keaukaha, and construct a 6,250 square foot steel warehouse building to be able to house the storage business as well as her office. Referring to the plot plan that has been submitted by the applicant, again, we are looking at Hinano Street and East Lanikaula Street. This is the proposed layout of the self-storage facility. They will have the 6,250 square foot building with the office area, as well as a parking area around the building. Access is proposed to be from Lanikaula Street. Conditions to mention, we have two conditions that are good to bring to your attention, Condition E and Condition F. These have mainly to do with the road improvements. Department of Water Supply is asking that the applicant provide full improvements to the frontage of Lanikaula Street as well as Hinano Street within a 5-foot future road widening setback. Additionally, the Condition F is requiring that they provide a 20-foot radius to meet that 5-foot wide setback on both sides, and that will be on the corner of both streets. Since the Planning Commission has received the application, again, we’re received a comment letter from Department of Water Supply which has been sent out to the Commission. The Planning Director is recommending that the Planning Commission send a favorable recommendation to the Hawaii County Council for this application. Are there any questions? GRAHAM: Commissioners, do we have any questions? Jeff, I have one question I might bring to your attention. From looking at your map up there and the coloration it looks like kind of all the properties within that block and adjacent blocks going makai from Lanikaula Street, like the zoning is all consistently yellow, which I presume is the Residential zoning. But on the map that comes with our recommendations I see a CN-10 zoning, and the next block over, which is probably that one up on the top that looks a little pinkish there, and then I see like a block down, two blocks down there’s an MCX zoning that doesn’t appear on your map. So that would be a, so southeast of Laukapu Street, there, right on Lanikaula Street there’s an MCX-20 zone on our -. DARROW: The CN-10 that you’re referring to, is that this property here? GRAHAM: I believe so. DARROW: Okay, this, if I could bring to your -. GRAHAM: Well, I’m not concerned about that because I see that on my map. DARROW: Okay. GRAHAM: But if you go down to Laukapu Street -. DARROW: All right. And then you have the MCX? EXHIBIT A 2 GRAHAM: Yes. I was just wondering. DARROW: This is a recent application that had come before you for NST. Do you recall that particular application? GRAHAM: Yes. DARROW: So since that time this map hasn’t been updated, but that is because that’s a recent rezoning that had come to the Planning Commission. It probably is a good time to update this particular map. GRAHAM: Thank you. ALAMEDA: I’ve got one. GRAHAM: Yes, Commissioner Alameda. ALAMEDA: Thanks, Mr. Chair. Jeff, could you share with me some other examples of MCX usage? Like I know self-storage. But what about, just off the top of your head, what are some other examples of these types of uses that could go with this type of zoning? DARROW: If you could give me one minute I’m going to grab the Zoning Code, just so I’m clear on it. ALAMEDA: Okay. And the reason I ask is, you know, now once the County Council approves the zoning then the usage can, is not limited to just the self-storage. Right? So I’m just kind of curious if the self-storage business goes out of business then what’s next. DARROW: Okay, and again, this is a district that allows for Industrial and Commercial Mixed types of uses. Just to give an example, you are allowed to do automobile service stations here, you can do catering establishments as similar to the establishment up the street from there, farmers markets are allowed, food manufacturing and processing, home improvement centers, kennels in sound-attenuated buildings, medical clinics, meeting facilities, mortuaries, offices, personal services, restaurants, repair establishments, schools, telecommunications antennas, warehousing and such. ALAMEDA: Thanks. YUEN: If I could follow-up on that. In most Zoning Codes you have a line between Commercial and Industrial. And the line typically is that you can’t do retail sales in an Industrial zone, or at least you’re not supposed to. And you can’t do warehousing and other kinds of Light Industrial things, like some kinds of manufacturing in a Commercial zone. So in practice the line gets pretty blurred. If you go through an area that’s zoned Industrial like the Kanoelehua Industrial area or the Kona Industrial area, you may find a lot of businesses that are possibly crossing the line into Commercial. But then the County enacted this MCX zoning which let’s you do pretty much of both in MCX. So in a way it’s the broadest of the zoning categories, of the business type zoning categories. So you can do a retail sales building, but you can also do certain Light Industrial types of activities that are not normally allowed in, say, for EXHIBIT A 3 example, a CN zone, which would be another option for this site, not to do a self-storage but in the CN zone would be a possible under the -. No, I’m sorry. It’s Industrial, so it would have to be either an ML or an MCX. GRAHAM: Thank you, Mr. Yuen. Any other questions from Commissioners? I’d like to remind the public if anybody wants to testify on this item today to go see Sharon over there and sign up. So far we don’t have anyone.All right, at this time I’d like to ask the applicant to come forward. HAYASHI: Mr. Chairman, before you do that -. GRAHAM: Yes, Mr. Hayashi. HAYASHI: In our recommendation, proposed condition, we failed to include the condition that the applicant would need to submit the water calcs to the Department of Water Supply. This is one of the standard conditions that we have for rezonings such as this. So we’ll include that as a new condition.I don’t have the exact wording with me at this time but we’ll include that as a recommended new condition. GRAHAM: Thank you, Mr. Hayashi. Could I ask the applicant or the applicant’s representative to come forward now. Thank you, sir. Could you raise your right hand. Do you swear or affirm to tell the truth on this matter today before the Hawaii County Planning Commission? M. THOMAS: I do. GRAHAM: Thank you. You can give information or testimony to the Commission at this time. Just begin with your name and address, please. And also if the conditions are acceptable as they’ve been proposed by the Planning Department you might address that also. M. THOMAS: My name is Michael Thomas. I reside at 2935 Kaiwiki Road. I’m married to the applicant. At this time I’d be glad to answer any questions of the Council (sic). I didn’t provide any testimony but I’d be glad to answer any questions. And I did have a few responses from the letters that we sent out as well. GRAHAM: Thank you, Mr. Thomas. We have any questions from the Commissioners? Commissioner Siracusa. SIRACUSA: We don’t have any responses from the neighbors in our file. So if that’s what you’re referring to, I sure would like to see them. M. THOMAS: Sure. They didn’t actually write letters. They came by my lot when I was there. They just spoke in favor. I had a list of the immediate neighbors. They’re on either side of the property, spoke in favor of it, as well as the surrounding neighbors.They asked me if there was a paper they needed to sign, and I said if they wanted to provide testimony they could come down here and provide testimony. But they just spoke in favor of it. I would think that the letters that you might be receiving would be an objection to it, so I would think that there are no EXHIBIT A 4 objections. But I did have eight of my neighbors who are in favor. If need be, they would sign and provide testimony. SIRACUSA: Follow-up. GRAHAM: Thank you, Mr. Thomas. Follow-up Commissioner Siracusa. SIRACUSA: Are these neighbors who are adjacent or directly across the street, or are they farther afield? M. THOMAS: The one neighbor is directly behind the property so he’s the one basically attached to it. The other neighbor is directly next door to it so he’s directly attached to it. The one that’s adjacent, across the street, owns the two houses across the street, he was in favor of it. So actually in all four directions they were all in favor of it; and I do have their names here. GRAHAM: Thank you. Do we have any other questions from the Commissioners? All right, we have no public testimony. We’ve heard from the applicant. We’ve gotten questions from the Commissioners. So I think we can close the public hearing portion and the Planning Commission itself now can take action and discuss this application. Commissioner Watanabe? WATANABE: I’m prepared to make a motion, if that’s okay. GRAHAM: That’s fine. WATANABE: So I move that a favorable recommendation for Change of Zone Application REZ 07-000065 be forwarded to the County Council based on the Planning Director’s recommendations and inclusive of the water consumption requirement as a new condition. GRAHAM: Thank you. Do I have a second? WOODWARD: Second. GRAHAM: Seconded by Commissioner Woodward. Any discussion on the motion to send a favorable recommendation? Commissioner Siracusa. SIRACUSA: Yes. Looking at the map, the one red dot in a sea of yellow, this would be the first non-residential zone change on the entire block, and certainly for several blocks on one side, on two sides as well. To me that sets the stage for future strip development. It’s a foothold and I could not support that. Thank you. GRAHAM: Thank you. Commissioner Iwashita? IWASHITA: I basically have the same line of thinking as Commissioner Siracusa. And the veteran members of the Commission know, you know, my basic position on that -- especially for the houselots area, it’s a good reason I didn’t go into construction, especially for the house lots area -- that, you know, the history of the General Plan status of this area is that this area was EXHIBIT A 5 Low Density Urban until the beginning of 2005 when it was upgraded; and that upgrade, the Low Density Urban, was actually the reversion at the request of the community; and in 2005 when it was upgraded that was not a request of the community. It was basically done through the General Plan Amendment process at that time. And that is really the basis upon which, you know, provides the foundation for this application to be made. Given all of that, and my real feeling that General Plan Amendments, I know the Director takes an opposite view, but those General Plan Amendments are contrary to the Community Development Plan that was adopted 32 years ago for the area, and I believe that a Community Development Plan process should be implemented for houselots and all of Hilo really, and the island, so that the community can have the kind of input that the applicant testified to here. But it would be not just for, you know, the -. My concern is that the neighbors are looking at a self-storage facility as a very non-intrusive use of the property, relatively speaking, and it would be. But I don’t think that those people understand that the request is not just for an approval to do a self-storage facility. The request is for a zoning change that would allow inclusive of the self-storage facility another 47 different uses of the property. And that, you know, when the Council approves this, the applicant need not build the self-storage facility. She can turn around and sell it to someone who wants to build a kennel, who wants to, you know, do Light Manufacturing, you know, use the building to do Light Manufacturing, and would have a much greater impact on your neighbors than a self- storage facility. So, you know, that is my concern. I believe that we need a better process in order to avoid the strip mall kind of environment that Commissioner Siracusa talked about. And, again, for the record in this matter, you know, it is my firm belief that as we move along here in this process that if we, you know, we keep doing this, then that’s what we’ll have, houselots will end up being this island’s Kakaako or, you know, Sand Island; and that’s where we’re heading down towards. So I’ll be voting against the motion. M. THOMAS: Can I ask a question or comment at this time before you guys vote? GRAHAM: Excuse me. Commissioners, we did close the public hearing part. But if the applicant would like to respond to this, is that okay with you? SIRACUSA: No. GRAHAM: No, okay. Do we have any other comments or discussion on this from the Commissioners? I might just throw in, personally I think because it is on Lanikaula Street, you know, according to the Director’s General Plan designation that it is reasonable to have Commercial uses. However, I believe it was that CN parcel up above when we rezoned for that that we had a lot of discussion about maintaining the character of the neighborhood and using the existing building in its footprint and things like that. Seems like we’re kind of abandoning that here by just putting in a large area, sheet metal building in this kind of old residential area. So I’m kind of troubled by that. If it was a use that was specifically of commercial value, you know, like something that the neighbors around are likely to use in any volume -. But it seems to me like a self-storage is not particularly a site specific operation, that people from all over might be using that. It wouldn’t be particularly relevant to the neighborhood. So I’m sort of troubled by that. However, that certainly is countered by the fact that the neighbors certainly seem okay with it and we don’t have any testifiers here testifying against it.So I just want to express my thoughts on it. If there are no further comments from anyone, Jeff, would you be ready to take a vote on this application on the motion by Commissioner Watanabe that’s before us? EXHIBIT A 6 DARROW: Thank you, Mr. Chairman. This is a motion to approve with an amended new Condition C,which is, in summary, for the applicant to submit water calculations to the Department of Water Supply. So that will be a new Condition C and every condition after that will be realphabetized. With that I’ll take the roll. Commissioner Watanabe? WATANABE: Aye. DARROW: Commissioner Woodward? WOODWARD: Aye. DARROW: Commissioner Alameda? ALAMEDA: Nay. DARROW: No. Commissioner Iwashita? IWASHITA: No. DARROW: Commissioner Ogata? OGATA: Aye. DARROW: Commissioner Siracusa? SIRACUSA: Nay. DARROW: And Mr. Chairman? GRAHAM: No. DARROW: The motion does not pass four to three. GRAHAM: Mr. Torigoe, could you give us a little discussion on where we go from here. TORIGOE: Well, you have the option of coming up with another type of motion, you know, another direction of some kind, that someone could make a motion to deny or to, not to deny but to send a negative recommendation or to send a positive recommendation with, you know, different types of conditions. Or if you’re not able to come up with five votes one way or another then you still have the 90-day timeframe in which to seek some kind of affirmative action up or down. GRAHAM: Thank you. WOODWARD: Mr. Chairman? GRAHAM: Commissioner Woodward. EXHIBIT A 7 WOODWARD: If I might suggest, could we add a condition to this rezoning application that says that this rezoning will only be for use as a self-storage facility? GRAHAM: That’s a suggestion by Commissioner Woodward. Does that meet the objections of anyone here that voted against this such that they feel that would be a productive change to the motion? TORIGOE: You should see if the Planning Director had a comment. GRAHAM: Thank you. Mr.Yuen, do you have any comments on where we’re at right now and what you might suggest? YUEN: Well, where are we at with the 90-day timeframe? DARROW: I believe it starts today. YUEN: You have time to agendize this for another meeting. Yeah, we have a split vote by the Commission, it’s not the end of the world. You can agendize it for another meeting and see if with a larger group we can come up with a majority to recommend one way or another. As far as the specific recommendation of the self-storage facility, I would ask first for the applicant’s comments, and then I would make my own. But, you know, I mean that’s a major condition, and I’d like to hear what the applicant has to say about that. Other than that, you know, if the Commission does not have a majority at this meeting to vote one way or another there’s a 90-day timeframe, and it would simply return to the Planning Commission’s agenda for further consideration if we don’t have five votes to make a definitive recommendation to the Council. GRAHAM: Thank you, Mr. Yuen. Commissioner Alameda? ALAMEDA: Thanks, Mr. Chair. As previous applicants in the past, if it doesn’t have a majority vote it comes back anyway. So I’m okay in reagendizing it and see how it goes. Because if we don’t reach a majority vote then it goes up anyways because of the timeline. So I’m not in favor of, you know, singling out a condition just for the self-storage. So to me the best option would be just to reagendize it and revisit it again at the next meeting. GRAHAM: Okay. It seems like that’s where we’re headed. Mr. Thomas, I know this was all a little maybe unexpected for you and we didn’t, -. M. THOMAS: It’s not so much unexpected. I just had a question while you guys are here if I’m going to come back in 90 days to maybe address some of those things -. NOMURA: Microphone. GRAHAM: All right. Wait please. Mr. Torigoe, would it be appropriate for Mr. Thomas to make any comment now or, would that be all right? EXHIBIT A 8 TORIGOE: Well, you’ve taken a vote, nothing has, you know, you haven’t been able to get five votes, so basically that’s why you’re discussing where to go from here. So it’s, I think, within your discretion to discuss that subject matter with him. GRAHAM: Okay, Commissioner Alameda. ALAMEDA: I have a thought. Since the vote is already cast, perhaps the applicant can direct his question to the staff, you know, at his own time. Because there’s nothing that we can answer that would change the vote. So I’d prefer that you just -. M. THOMAS: Well, it wasn’t going to change the vote. It’s just a question of the counsel over here because somebody made it -. GRAHAM: Excuse me, Mr. Thomas. ALAMEDA: That’s fine. I’d feel more comfortable you just directing that question to the staff. That’s my own take though. Fellow Commissioners, you might have a different opinion. GRAHAM: Yeah, I think that is certainly our normal approach to this, Mr. Thomas. So, you know, anything you don’t understand about what you heard today I’m sure the Planning Department staff could fill you in on what they see; and you could work with them if you wanted to do anything different for the next meeting. M. THOMAS: As well as I can address any of you folks individually in the meantime? GRAHAM: We generally discourage that, so -. But, you know, you’ll be making a presentation again at our next meeting. And if you submit any written information or written changes anything to that effect, it will come to us all between now and the next meeting so we can all individually see it. Thank you very much. IWASHITA: Mr. Chair? GRAHAM: Excuse me. Commissioner Iwashita. IWASHITA: Just for clarification to the applicant that, you know, what the Commission does we have to do what’s on the record in this proceeding in public. That’s why we can’t talk to you separately off the side off the record. GRAHAM: Thank you, Commissioner Iwashita. Okay, Mr. Hayashi? HAYASHI: Mr. Chair, just for the Commissioners’ information, we’ll place this on the th July 6 Hilo agenda. GRAHAM: Thank you, Mr. Hayashi. So I think we’re finished with this agenda item now. Thank you, sir. EXHIBIT A 9 The discussion at this time, 9:52 a.m. Respectfully submitted, Sharon M. Nomura East Hawai‘i Secretary EXHIBIT A 10