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HomeMy WebLinkAbout2009-10-02 TJLUM WINDWARD PLANNING COMMISSIION COUNTY OF HAWAI‘I HEARING TRANSCRIPT OCTOBER 2, 2009 JOHNSON LUM (SPP 09-87)) A regularly advertised hearing on the application of was called to order at 10:46 a.m. in the County of Hawaii, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai‘i, with Chairman Rell Woodward presiding. PRESENT:Rell Woodward Takashi Domingo Andrew Iwashita Zendo Kern Shelly Ogata Wallace Ishibashi Brandon Gonzalez, Deputy Corporation Counsel BJ Leithead Todd, Planning Director Norman Hayashi, Planning Program Manager Jeff Darrow, Staff Planner Maija Cottle, Staff Planner And ten people from the public in attendance APPLICANT: JOHNSON LUM (SPP 09-87) Special Permit to allow the operation of an educational hobby garden and play facility on 1 acre of land situated within the State Land Use Agricultural District. The property is located along thth the makai side of 12 Avenue, approximately 1,200 feet north of the 12 Avenue – Paradise Drive intersection, Hawaiian Paradise Park Subdivision, Keaau, Puna, Hawaii, TMK: 1-5-48:80. WOODWARD:The next item is number 6, applicant Johnson Lum, Special Permit for the operation of an educational hobby garden and play facility on 1 acre of land situated within the State Land Use Agricultural District in Hawaiian Paradise Park, Puna. Jeff. DARROW:Thank you, Mr. Chairman. If I could direct your attention to the presentation. Our next applicant is Johnson Lum. He is requesting a Special Permit to allow the operation of an educational hobby garden and play facility on 1 acre of land. The location of this application is within the Hawaiian Paradise Park Subdivision. This is located on the makai side th of 12 Avenue. More specifically, we have Paradise Drive running in a mauka-makai direction; th and we have 12 Avenue in this location. The property is outlined with a black outline. It’s about 10 lots in from Paradise Drive. This is an aerial photo. It’s a little dark but the red outline kind of shows what’s existing on the ground. You have existing structures, you have a pond on the property and you have a little train track area and an area where the models are. 1 EXHIBIT B The applicant is requesting a special permit to legitimize to the establishment of an educational hobby garden and play facility for children, the community and visitors on 1 acre of land which is called Hobby Garden Hawaii. The facility consists of exhibits of model trains, boats, airplanes, cars and trucks. There are model scenes that the applicant has created: one of the old sugar plantation, one of a Hawaiian village with a smoking volcano; and there are other scenes such as the Eiffel tower, pyramids, etc. There is a train that winds around on a small track that moves approximately one mile per hour with some seating for children. There’s a 4-foot deep pond that’s about 50 feet in diameter which has catfish, tilapia and koi within. There’s approximately 500 to 1,000 fish in there. Guests can actually catch the fish with barbless hooks and put them back in. There’s an area for parties and barbeques, a 6-hole miniature golf area, as well as instruction classes on model building. The objective of the request is to create an educational and play facility for children in the community and visitors, to learn about model, landscaping, engineering and hobbies. th This is the applicant’s site plan. This is half of the property. The 12 Avenue is on the left side of the map. This is the recently changed parking area so that there’s no parking directly th accessible from 12 Avenue. So he has reassigned the parking area. There are existing structures. One is the existing dwelling. There have been some additions to that. This is a portion of the train track in this particular area. There’s a covered area here where the models are underneath. This is an extension of the property. Again, the structures are located in this area. We have the train track that continues on, as well as the existing pond and barbeque and party area. th Here are some site photos of the property. This is on 12 Avenue looking towards Hilo. The actual property is right in this location. This is looking head on. You have the existing dwelling with the additions. You have the covered area and the little train track area. The applicant has put in some handicapped parking. This is one of the model scenes that he has done of the Hawaiian Village with the smoking volcano. He has also got little trains that run around the scenes. These are additional scenes in the area.I believe this is the empire state building. And, again, we got little train tracks and other scenes as the train goes around. This is a photo of the little train with the seating for the children. And, again, they had mentioned that this travels about one mile per hour. In the background you can see the existing pond. The pond is fenced off; and you’ll see little fishing poles that guests can catch some of the existing fish. This is the barbeque play area that’s located in the rear of the property, and photo of these little existing miniature golf areas with small little holes for the kids to play golf. The Planning Director is recommending denial. And the main primary reason of this is that the request is not compliant with the General Plan, the Puna Community Development Plan and the Hawaiian Paradise Park Master Plan. This is the General Plan that was adopted in 2005. Basically the location of the application is identified with the little black outline here. We have, the entire subdivision is mainly Rural. We do have some what are called Medium Density nodes which are identified in orange, and one Industrial node which is identified in gray. The application is located near the Industrial node but it’s quite a distance from it. This node here is 2 EXHIBIT B located on Makuu on the upper portion of the subdivision. This one is located on Kaloli; and, additionally, these are located on Kaloli, one, approximately the area where the self-storage thth facility is around 13 to 15 Avenue; and then also this one is located more towards the ocean on Kaloli. This is the Puna Community Development Plan Map for the area. They’ve identified three centers in the subdivision, village centers and a town center. The town center is mainly in this particular area. The black outline kind of gives it a floating zone type of allowance so that applications don’t have to be specifically in one area. They can kind of be in a floating area. The other area is identified in black, and this is off Makuu where the current community center is located for the Association. Additionally there’s a small one that’s located on the lower portion of Kaloli. The green is actually the zoning which is Open. This is the Paradise Park Community Master Plan which was approved by the County Council by resolution in 1997. And, again, it was addressed in the 2005 General Plan. They identify Village Centers, one in this location on the upper side of Kaloli and the lower side of Kaloli. And, again, we have the Industrial, Light Industrial, area located in the middle of Kaloli and, again, a Village Commercial on the upper portion of Makuu. And, again, the actual location of the application is just outside these areas. Again, the Planning Director’s recommendation based on this information is denial of the request. We have had some correspondence after the application. One is from the Hawaiian Paradise Park Owners Association. They were sent a copy of the application. They held a Board of Directors meeting on August 19, 2009 and the Board decided to support the special permit application request. Additionally we’ve received a transmittal from All Aina Services stating that they will no longer be representing the applicant for this application. Are there any questions? WOODWARD:All right, seeing none -. Well, I guess Mr. Lum has already kind of made his way up here. Anybody else is going to testify with you or you’re it? LUM:I have people who support -. WOODWARD:Okay, have a seat. LEITHEAD TODD:Wait, there’s somebody else that waved his hand. WOODWARD:Okay. And you’re a representative? TOM:Yes, Johnson Lum’s friend. WOODWARD:Okay. All right. Oh, you’re all going to be speaking in favor of this matter; and at the behest of Mr. Lum I think that’s fine. Then we’ll have public testimony. We do have several people signed up to take public testimony later. Okay, if we can get you all to raise your right hand. Do you swear or affirm to tell the truth today before the Windward Planning Commission? TESTIFIERS:I do. 3 EXHIBIT B WOODWARD:Okay, all right, if you can pick up, one at a time, and give us your name and address, and begin your testimony. STOCKSDALE:My name is Kaniu Kinimaka Stocksdale, a resident of Hawaiian Paradise th Park, Makuu, 20 Avenue. I am the present general manager of Hawaiian Paradise Park Owners Association. And I’m here to support Mr. Lum’s wonderful gift to Paradise Park. Though there’s a denial in process, I’m here in behalf of our board members to support Mr. Lum’s gift that he brings to our Association. As the Commission may not know, we have several children, more than we’d like to be a, -. Well, our children in the Park appreciate this activity. We ask the Commission to please reconsider the Director’s decision. The Board Members wish to support Mr. Lum’s activity because it brings to our Association a needed service to keep our youth involved and off the streets and away from being kolohe, getting into everybody’s hair, and thievery, and vandalism. There’s not much more I can say except that at our Board Meeting, the majority of our Directors, the Board of Directors voted in favor even though it went against our General Plan. There’s many activities going on in the Park; and some of them not licensed yet. Mr. Lum, wanting to do the right thing, came forth and is doing his best to accommodate the legalities of his hobby shop. So, ladies and gentlemen, please, if you will, take serious consideration to reconsider this denial. We need this in our Park. We have Charter School use now, using the activity. We have our own private sectors using the activity. And with the furloughs coming into action and Fridays being a free day, Mr. Lum has put together a curriculum to invite more youth that will be furloughed as well from school. So this is a valuable, valuable function for Paradise Park; and we kindly ask you to seriously reconsider this denial. Thank you for your kind attention. WOODWARD:All right, thank you. Questions? Did you have a question, Madam Director or -? LEITHEAD TODD:No. WOODWARD:No, okay. All right, sir, if you’d give us your name and address and then you may begin. TOM:Aloha, My name is Keevan Hanaloa Tom. I’m also a resident at Hawaiian Paradise Park. I definitely support the organization. Anything to do with keikis is very important, especially in the Puna area. You know how many kids we have there? And with the Friday school closing, I mean, we’ve got a challenge, people. Yeah? I’m kind of a , I guess, young kupuna, I guess, yeah. I have a little background in music. I like to teach the kids things like that. And that’s my kind of pot with Johnson Lum. Yeah, we’re good friends. But if we shut this down, I know there are some minor kind permits that’s, you know, that got to be. But at this time I think it’s being addressed, at this time. 4 EXHIBIT B So to shut something like this down is saying that we say no to the kids. Yeah? We’re going to be the loser. Of course, you know, I know Mr. Lum has been running this place for maybe two years or so and, you know, we had, Johnson Lum has never had any pilikia from the police department. Actually, they support it. The fire department, the health department or, everybody, and, also, the president of the Hawaiian Paradise Park supports it. So it’s a good thing. It’s for the kids of Puna and the Big Island. Mahalo nui loa. WOODWARD:All right. Thank you. Any questions for Mr. Tom? OGATA:I have a -. WOODWARD:Commissioner Ogata. OGATA:I have a couple of, well, maybe one question. Can you tell us what the surrounding neighbors in the surrounding area is like? TOM:Sure I can. There’s no houses around the area really in the -. Let me say, I can say the adjoining parts, there’s one house in the front which the, they kind of let Mr. Johnson take care the house because the lady is an absentee owner. So, you know -. And somebody comes there and clean the yard, like that. But all around there is very quiet. We have never, Mr. Lum has never had any people to call or so. STOCKSDALE:May I add something. Where Mr.Lum’s project is, as you have seen on th the screen, you come down 12 Avenue, everything is very Rural. Mr. Lum has assured us that that appearance is not going to change. The improvement is going to be on his property as far as the parking, the safety issues that he needed to address. The appearance will remain the same. Yes, there will be more traffic, but we don’t feel it’s going to be that kind of traffic to impose on anybody. Along that road there’s only one house that would be in direct, in the middle of the activity there will be just one house. So -. WOODWARD:All right, thank you. Any further questions? J. LUM:Excuse me, Mr. Chairman? WOODWARD:Yes. J. LUM:May I speak now? WOODWARD:Absolutely. Give us your name -. J. LUM:Okay. WOODWARD:And address -. J. LUM:Okay. 5 EXHIBIT B WOODWARD:And you may begin. J. LUM:My name is Johnson Lum and I own this property. I’m sorry I’m kind of broken up with all this thing, took one year and it caught up with me now. So -. But I tried to do the best I could to get it right. I hired someone. Also I went to the Planning Department and asked for information, and I did everything. And also I complied with all the setbacks. The independent surveyors came two times to survey the land. And I cut back, well, I cut back the parts that I need to do and also put in handicap parking and also bathroom. And I did all that. And I also put the metal roof on the back area where the meeting place or where we have meetings. So it’s, all that is done. And the purpose of this park is to help education, help the kids. They need science, they need engineering. And I’m a self-made engineer. And, you know, just to build one of these tugboats it takes one year. See, I built three of them. I built three of them. And you know how much engineering goes into one of these? This is what I want to show the kids, that you can do it. This pulls kayaks. You see here this picture? Yes, this is the proof that engineering can inspire kids. And, actually, this is a gift, my gift to the community. So I hope you’ll pass my project. Thank you. My daughter will speak a little bit. WOODWARD:All right. Thank you. Any questions for Mr. Lum? Okay. And you must be Sara Lum. S. LUM:Yah. WOODWARD:Is that correct? S. LUM:Uh huh. WOODWARD:Okay, this is the last of the public testifier. Okay, Sara, will you raise your right hand. Do you swear or affirm to tell the truth today before the Windward Planning Commission? S. LUM:Yah. WOODWARD:Okay. I’ll take that as a yes. And then if you’ll give us your name and address, and then tell us what you have to say. th S. LUM:My name is Sara Lum. We live in Paradise Park, 12 Avenue. My dad is really smart. WOODWARD:Okay, I see that. J. LUM:You want to read this to them from the kids? S. LUM:Mahalo Nui Loa for the fun day at your Hobby Garden. We hope to visit with our families. It’s Kamehameha Preschool, Keaau. 6 EXHIBIT B WOODWARD:Okay, how old are you? S. LUM:I am 11. WOODWARD:Okay. Do you help your father? S. LUM:Yah. WOODWARD:You do. Okay. All right, do we have any questions or -? Madam Director, do you have something to say? LEITHEAD TODD:Yes, I did. I have to admit that I was very conflicted when this proposal came through. And part of it is because, you know, the General Plan, which is intended to be general and to be somewhat flexible and is also open to interpretation, has provisions in it which would seek to support Mr. Lum’s application. Such as we said in our Land Use Element of the General Plan, it says we’re supposed to encourage the development and maintenance of communities, meeting the needs of its residents in balance with physical and social environment. In other words, we’re supposed to try and provide for things like recreational activities, educational activities, close to where people live. In our Economic Element we’re supposed to provide residents with opportunities to improve their quality of life through economic development that enhances the County’s natural and social environments. We’re also supposed to strive for an economic climate that provides its residents an opportunity for choice of occupation. And in Recreation we’re supposed to provide a wide variety of recreational opportunities for residents and visitors of the County. The problem that I had in looking at this was that, you know, we’re, the CDP has just recently been adopted and it’s supposed to be a guideline for implementation. The special use permit is something that’s kind of outside of the normal, you know, uses; and it’s up to the Planning Commission. And I happen to really like what Mr. Lum has done. And part of it is years ago there used to be a miniature golf facility in Hilo which many residents took their children to -. IWASHITA:Decades. LEITHEAD TODD:And it, well, it’s not decades, you know. Cause it was after I moved back. So it’s sometime in the last 20 years. IWASHITA:That’s decades. LEITHEAD TODD:And, but it was an amenity that was really used by children in the community, with parents being able to take their children for things like miniature golf. So when I saw this I thought about things like preschools, I thought about the fact that there are so few activities like this, especially for young children, that it’s a beautiful facility. The question was 7 EXHIBIT B whether this is the appropriate place for it. But it’s an existing facility, it’s already up and running. And so it’s really a question whether this is appropriate under a special use permit in an area that we consider Rural, and whether you view the General Plan and the CDP as flexible enough to try and accommodate some of the existing uses. Because part of the problem with the General Plan, the Community Development Plan, the Hawaiian Paradise Plan is that those node areas that we have designated for development are owned primarily by the Watamull family. And until such time as they decide that they want to develop it, they are the only ones in control of whether any of those village nodes ever gets developed in this area. So I understand the community, and particularly the Hawaiian Paradise Park residents and the Homeowners Association, saying that when you have an existing use - which albeit, you know, Mr. Lum didn’t build it according to following the rules and getting permission first -. But when they see an asset that can be used by the community and can be used for children for things like birthday parties where you can have them in the community or where preschools can come and bring the kids for an outing, I can understand why they want to support them. Because otherwise you’re really waiting for the Watamulls to determine when and if anything happens in Hawaiian Paradise Park. So I just want to put that out for the Commission. WOODWARD:Thank you, Madam Director. Commissioner Domingo. DOMINGO:Thank you, Mr. Chairman. This reminds me of a theme park, you know. And it provides the same enjoyment and, you know, the fun that a huge theme park would give the residents and people who come to it. And I think the point that the Planning Director made with regards to the nodes that are being designated in the CDP is something that probably will never happen. Or if it does happen will have to be, will happen a long time from now. And what I’m seeing here is someone who has taken the initiative to do something and provide for the residents in the district. If Disneyland would come to the Big Island and apply for a theme park in Puna, let’s say, what we’re going to say? No? You know, let’s treat them as we would any other big developer. I can see when you have established the Commercial nodes in that area -. Now if you want to go in and do something you’ll probably have to start with a bunch of amendments, then with a rezoning application. Here we have Agricultural zoned lands to which any kinds of uses can be applied for, providing they meet the requirements and the criteria for any kind of special permit. And they wouldn’t have to go through rezoning as long as it’s deemed, it has to be deemed unusual but still reasonable use of the land. And I apply that here, that criteria in this situation. And I know the benefits are there, the people are in support of it. I think if there’s any infraction on the community development plan it would be their association and its board of directors who would come up and vehemently oppose to it. But here we see that they’re supporting it, you know. So where’s the rationale for people supporting or not supporting a plan? And we’ve had that written in several applications. But here we find although it’s out of the Commercial node Hawaiian Paradise Park themselves are coming in support for it. So, you know, I would hope the Planning Director would reconsider her recommendation of denial. WOODWARD:Okay, Commissioner Ogata. 8 EXHIBIT B OGATA:Can someone give me a better idea of how this hobby garden operates? I mean do people just drive by and, or how much do they pay, or -? TOM:Yeah, it’s a very inexpensive thing, $3 for the children, $5 for the adult. It’s very down to earth, grassroots, small kind. You know, Mr. Lum is actually from Fuji and so he has the real local kind, you know, down, because he’s trying to help the keikis. That’s his main thing. They lead me -. We have talked and I said, hey, cannot make money, Johnson, on this kind stuff. Let’s face it, when you have a business thing, bottom line you’re going to look, hey, can make money. He has put in a lot of investment, a lot of blood, sweat and tears on building the stuff, as you’ve probably seen, you know, because I was there with him. But as far as the, big money, yeah, you know, he probably would never get his investment back, so, as a business. Did I answer that question somewhat? OGATA:Yes. TOM:Yeah, and so it’s very feasible. And the kids of love it. You know, we have plenty kind pictures of -. Kamehameha High School, their preschool all loved it. Yeah, they endorsed it because something for them. And, again, you know, the Fridays coming up, the kids gotta get some place to go, or they’re going bakaloose, you know, kolohe, yeah, you know. That’s kind of my answer. I hope that helps. WOODWARD:All right, thank you, Mr. Tom. Commissioner, was it, Iwashita, you had a question? IWASHITA:Thank you, Mr. Chair. I guess I, first, if the Commission were inclined to grant the application, what kind of conditions would be involved? LEITHEAD TODD:If we were inclined to approve this I think we would have conditions that would say that, first, it would say that they have to comply with all of the stated conditions; construction of the proposed development and related improvements should be completed within five (5) years, our standard thing and which really isn’t an issue since he has it already; driveways will be 20 feet wide to accommodate emergency vehicles; ADA parking stall should be paved; landscaping shall also be indicated on the plans in accordance with our Planning Rule No. 17, and also for the standards for a Village Commercial zone adjoining a Single-Family Residence so that there’s some screening between the properties next door; preference for native th species to be utilized; no parking to be allowed on 12 Avenue; vehicles shall not be allowed direct access into the parking lots, which his plan has already shown that he has taken care of; th and, nor would vehicles be allowed to back onto 12 from the subject property, we would have them come out with their front end so that they can have clear visibility and see what they’re doing; we would want the applicant to secure and finalize all building permits for all existing structures with Public Works within six (6) months of the effective date of this permit; hours of operation be limited to 8:00 a.m. to 4:00 p.m., Wednesday through Sunday, you know, and that one you could have some discussion with the operator on that whether that was appropriate; all development-generated runoff to be disposed of on site; drainage study to be prepared and submitted to Department of Public Works; and any drainage improvements, if required, to meet with the approval of DPW; a Solid Waste Management Plan which is basically if, you know, you 9 EXHIBIT B have rubbish where is it going and how you are getting it there, and that has to be submitted to Department of Environmental Management. We’ll have our standard conditions which I don’t think are real issues regarding historic sites, rock walls, since this is a fully developed site; and basically the other standard conditions would be that they comply with all applicable County, State and Federal laws, rules, regulations; and then submitting the status report, but the usual types of conditions that we have. And then, obviously, the other usual condition is that we have an ability for the Planning Director to give an initial extension of time for performance of the conditions and things that occur that are beyond the control of the applicant, and as long as the extension is not contrary to the original purposes for granting the permit. IWASHITA:Thank you. And I have a -. Mr. Lum, I guess it’s my impression that since, or while you’ve been working on this application that, I guess this all comes out of a notice of violation that was served upon you.And I guess my impression is all of these improvements that you’ve made, which is good to try and comply with the requirements, some of the requirements, that’s good -. But have you still operated? Have you had people come and pay and continued your operation? J. LUM:Well, you know, because this is my main source of income for my family and, you know, what can I do, I have to feed my family. And so, sometimes, we don’t have that much customers, but we hope, because they stopped my advertising. So what can I do? When people show up, they want to come in. So, you know, the kids, what you’re going to say to the kids that want to come in? I cannot send them away, so I let them come in. IWASHITA:Okay. LEITHEAD TODD:Mr. Iwashita? IWASHITA:Yes. LEITHEAD TOOD:Although there were some verbal discussions with our zoning inspector and recommendation that he pursue a special permit, there was no actual notice of violation that was issued to the property. IWASHITA:Oh, okay. LEITHEAD-TODD:That’s what staff informs me. IWASHITA:Okay. Well -. J. LUM:Thank you. LEITHEAD-TODD:And I think he self-reported to us his activities. IWASHITA:Okay, okay. Thank you. Well, if there was no notice of violation then that’s fine. Okay, thank you very much. 10 EXHIBIT B WOODWARD:All right. Let me ask Mr. Lum, these conditions that the Director has brought up, are those acceptable to you? LUM:Yes, I will accept and do it. WOODWARD:All right, very good. Okay, Commissioner Iwashita. IWASHITA:What about water? I don’t recall you mentioning any water, potable water or -. LEITHEAD TODD:Well, they’re on catchment. IWASHITA:No, but in terms of -. When we do bed and breakfasts, we require bottled water for, you know, any customers, right? So -. J. LUM:I can answer that. We request customers to buy the bottled water from our refrigerator which is outside in the gift shop. IWASHITA:Okay. So you have no problem if one of the conditions is that any water provided to the customer be bottled water? J. LUM:No problem. IWASHITA:Okay. WOODWARD:Okay. Any further discussion or anybody would like to make a motion? GONZALEZ:I got language -. Who wants to make a motion? WOODWARD:Okay. Mr. Gonzalez has some suggested language. GONZALEZ:I’ll pass it -. IWASHITA:Okay. Thank you, Mr. Chair. I move that the application for Special Permit (SPP 09-87) to allow the operation of an educational hobby garden and play facility on 1 acre of land situated within the State Land Use Agricultural District, involving property known as tax map key 1:5:48:80, be approved with the standard conditions for a special permit approval and the conditions stated by the Director on the record today. The reasons for recommending the approval of this special permit application is the undisputed evidence on the record that the community, Paradise Park in particular, requests and approves the operation, continued operation of this facility; that the, on the record there is an expressed need proven for this facility; that the provisions under both the General Plan and the Community Development Plan call for providing, among other uses, recreational uses, although not specifically specifying this property, that we find that the facility does meet these requirements. And in that regard the applicant’s facilities does provide a valuable service and benefit to the 11 EXHIBIT B community, and not just the Puna community but I’m sure people from other parts of the island would also benefit from this. So with, those justifications would be the basis for the motion. WOODWARD:Thank you. Do we have a second? ISHIBASHI:Second. WOODWARD:All right, any further discussion? Okay, seeing none, Jeff. DARROW:Thank you, Mr. Chairman. Just for clarification, seconded by Commissioner -? WOODWARD:Ishibashi. DARROW:Thank you, thank you. With that I’ll take the roll. Commissioner Iwashita? IWASHITA:Yes. DARROW:Commissioner Ishibashi? ISHIBASHI:Aye. DARROW:Commissioner Domingo? DOMINGO:Aye. DARROW:Commissioner Kern? KERN:Aye. DARROW:Commissioner Ogata? OGATA:Aye. DARROW:And Mr. Chairman? WOODWARD:Aye. DARROW:The motion passes six to zero. WOODWARD:All right. You’ll be notified in writing. And you did a good job, Sara. Couldn’t have done it without you, Sara. STOCKSDALE:Thank you. 12 EXHIBIT B WOODWARD:All right. Thank you all for your testimony. The discussion ended at 11:26 a.m. Respectfully submitted, Sharon M. Nomura, Secretary Windward Planning Commission 13 EXHIBIT B