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HomeMy WebLinkAbout2004-09-03 TSOLOMON PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT SEPTEMBER 3, 2004 FLORA BEAMER SOLOMON (SMA A regularly advertised hearing on the application of NO. 288) was called to order at 3:04 a.m. with Chairman Fred Galdones presiding. PRESENT:Fred Galdones C. Kimo Alameda Earl Fujikawa Bill Graham Jeffrey McCall HannahSpringer Francis Smith Bill P. Thibadeau Ivan Torigoe, Deputy Corporation Counsel Chris Yuen, Planning Director Norman Hayashi, Planning Program Manager Jeff Darrow, Staff Planner Kiran Emler representing the Department of Public Works And 2 people from the public in attendance APPLICANT: FLORA BEAMER SOLOMON (SMA NO. 288) Contested case hearing on a request to amend Special Management Area Use Permit No. 288, by allowing the construction of a 5-bedroom single family dwelling (previously requested 3 single family dwellings) to be used for a bed and breakfast operation. The initial permit allowed the construction of a 3-unit apartment building. The property is located along the south side of Keokea Park Park Road, approximately 1,500 feet from the Keokea Park Road ƒ Akoni Pule Highway intersection, Niulii, North Kohala, Hawaii, TMK: 5-2-12:14. GALDONES:Commissioners, we are on Agenda Item No. 11, applicant is Flora Beamer Solomon, SMA No. 288. This is a contested case hearing on a request to amend Special Management Area Use Permit No. 288, by allowing the construction of a 5-bedroom single family dwelling (previously requested 3 single family dwellings) to be used for a bed and breakfast operation. Jeff? DARROW:Thank you, Mr. Chairman. If I may direct your attention to the site, location map. This is a continued hearing for an amendment to Special Management Area No. 288. The area of this application is North Kohala, more specifically the Niulii area. The red dot identifies the area of the application. The applicant in this case, Flora Beamer Solomon is requesting an amendment to Special Management Area Use Permit No. 288 to change it from a 3-unit apartment building to, at this EXHIBIT F time, a one unit bed and breakfast with 4 bedrooms to be used by the bed and breakfast operation. Previously, it was amended to a 3-unit bed and breakfast. We€ve received a letter on th August 30, that should have been distributed to the Commissioners, requesting an amendment of that amendment to bring it down to a one unit 4-bedroom bed and breakfast. Previously, we had two petitioners for a contested case. Both of them, the Cazimeros and the Labisores, have subsequently withdrawn after meeting with the applicant and their representative and coming to a resolution on the issues. Just this morning we had received a faxed letter, we€re sorry we don€t have a copy of that for you, it came in after we had left for the meeting. Mrs. Labisores wanted me to read this to you folks to speak about the issues regarding her withdrawal. She said, Based on the letter dated August 30, 2004 from Mrs. Flora Beamer Solomon, we are willing to withdraw our contested case regarding SMA Use Permit No. 288, from a three (3) unit Bed and Breakfast operation to a one [1] single unit four [4] Bedroom Bed and Breakfast operation, providing all agency requirements and conditions are officially submitted and met, including a 10,000 gallon water backflow preventer requested by the Department of Water Supply and the Hawaii County Fire Department.‚ The, in response to these particular requests, we are looking at amending, adding one condition, and also amending a condition that is already stated. Condition No. 7, at this time, it says The bedandbreakfastoperationshallbelimitedtotheuseoffive(5)bedrooms.‚We€rerequesting an amendment to that, to state that, The bed and breakfast operation shall be limited four (4) bedrooms within one single-family dwelling.‚ We are adding a new Condition No. 9, and all conditions after that would be renumbered subsequently. The new Condition No. 9 would state, The applicant shall install a 10,000-gallon reservoir to comply with fire-flow requirements meeting with the approval of the Fire Department and the Department of Water Supply.‚ There is already a condition, Condition No. 2, that addresses the backflow preventer requirement. So, at this time, the Planning Director is, I believe, I don€t know if we need to make a motion to withdraw the contested case or to accept the withdrawals, or if we just are able to go forward. TORIGOE:It doesn€t hurt to accept it for the record. GALDONES:Okay. Just to acknowledge the withdrawal of the contested case hearing petitions, we will have the Commissioners acknowledge that. So a motion is in order to accept the -. FUJIKAWA:I make a motion to accept the withdrawal of the petitions for the contested cases. GALDONES:Do I hear a second? SMITH:Second. 2 GALDONES:Okay, motion by Commissioner Fujikawa and seconded by Commissioner Smith that we accept the withdrawal of the contested case hearing petitions as noted by Jeff Darrow. Any discussion? Jeff. DARROW:Thank you, Mr. Commissioners. Chair -, I€m sorry. Commissioner Fujikawa? FUJIKAWA:Aye. DARROW:Commissioner Smith? SMITH:Aye DARROW:CommissionerAlameda? ALAMEDA:Aye. DARROW:Commissioner Graham? GRAHAM:Aye. DARROW:Commissioner McCall? MCCALL:Aye. DARROW:Mr. Chairman? GALDONES:Aye. DARROW:The motion passes. GALDONES:Thank you. DARROW:Thank you. The Planning Director is recommending approval of the submitted request for a one unit four bedroom bed and breakfast. Are there any questions? GALDONES:Questions of Jeff? GALDONES:Hearing none. Is the applicant or representative here? SOLOMON:Yes. 3 GALDONES:Please step forward. Ms. Solomon, I need to swear you in. Please raise your right hand. Do you swear or affirm to tell the truth on this matter now before the Hawaii County Planning Commission? SOLOMON:Yes, I do. GALDONES:Ms. Solomon, could you please state your name and your residence address. SOLOMON:I€m Malama Solomon. I€m representing my mother, Flora Beamer Solomon, and I€m from Waimea. Street address or PO Box, does it matter? GALDONES:That€s -. SOLOMON:POBox519,Kamuela,Hawaii. GALDONES:Ms.Solomon,youhavereceivedacopyofthebackgroundreport,you have received a copy of the recommendations. Do you have any comments to those documents? SOLOMON:No, I do not. GALDONES:Commissioners, are there any questions of Ms. Solomon? Commissioner Graham. GRAHAM:I just wanted to express my appreciation that you were able to work that out and I also, looking at the design to know, can see that it€s a nice low rise and all -. SOLOMON:Thank you. GRAHAM:Thank you. SOLOMON:Thank you. GALDONES:Further discussions? Further questions? Is there anyone here from the public to testify on this subject matter? Sharon, has anyone signed up? NOMURA:No, no one signed up. GALDONES:Thank you. Hearing no discussions, Commissioners, it comes with a recommendation for approval by the Planning Department. FUJIIKAWA:Mr. Chairman? GALDONES:Commissioner Fujikawa. 4 FUJIKAWA:Yeah, let me make a motion on this here. I make a motion to accept the application SMA No. 288 for Flora Solomon. SMITH:Second. GALDONES:It has been moved by Commissioner Fujikawa, and seconded by Commissioner Smith, that Flora Beamer Solomon€s amendment to Special Management Area Use Permit No. 288 be approved by the Planning Commission. Discussion? Hearing none, Jeff. DARROW:Thank you, Mr. Chairman. Commissioner Fujikawa? FUJIKAWA:Aye. DARROW:Commissiner Smith? SMITH:Aye. DARROW:Commissioner Alameda? ALAMEDA:Aye. DARROW:Commissioner Graham? GRAHAM:Aye. DARROW:Commissioner McCall? MCCALL:Aye. DARROW:And, Mr. Chairman? GALDONES:Aye. DARROW:The motion passes six to zero. GALDONES:Thank you, Jeff. Ms. Solomon, you will be informed of today€s actions. SOLOMON:Thank you very much. Aloha. The discussion ended at 3:29 p.m. Respectfully submitted, Sharon M. Nomura, Secretary 5