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HomeMy WebLinkAbout2010-11-10 TMENTNECH WINDWARD PLANNING COMMISSION COUNTY OF HAWAIÒI HEARING TRANSCRIPT NOVEMBER 10, 2010 MICHAEL AND JOY MENTNECH A regularly advertised hearing on the application of SPP 10-106) ( was called to order at 9:35 a.m. in the County of HawaiÒi Councilroom , County Building, 25 Aupuni Street, Hilo, HawaiÒi, with Chairman Rell Woodward presiding. COMMISSIONERS PRESENT: Rell Woodward, Dean Au, Takashi Domingo, Zendo Kern, and Wallace Ishibashi. STAFF PRESENT: Gerald Takase (Deputy Corporation Counsel), BJ Leithead Todd (Planning Director), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner) and Maija Cottle (Staff Planner). And 28 people from the public in attendance. ABSENT AND EXCUSED: Stephen Ono APPLICANTS: MICHAEL AND JOY MENTNECH (SPP 10-106) Application for a Special Permit to allow the establishment of a community store within the garage of an existing dwelling on 1 acre of land situated within the State Land Use Agricultural st District. The property is located at the intersection of 31 Avenue and MakuÒu Drive, along the st makai side of 31 Avenue and the south side of MakuÒu Drive, Hawaiian Paradise Park Subdivision, KeaÒau, Puna, HawaiÒi, TMK: 1-5-015:061. WOODWARD: Next item on the agenda, applicants Michael and Joy Mentnech requesting a Special Permit for establishment of a community store within the garage of an existing dwelling on 1 acre of land situated in Puna. Maija. COTTLE: Thank you, Mr. Chairman. The next application is a special permit request, and the property is located in the Hawaiian Paradise Park Subdivision of Puna. On the slide you can see st the propertyÓs general location outlined in red. ItÓs located at the corner of MakuÒu and 31 Avenue. This is a closer-up view of the property. Again, itÓs right on the corner of MakuÒu and st 31 Avenue. And the surrounding zoning as well as the zoning of the property is Agricultural 1 acre. The General Plan designation for the property is Rural. There is one Medium Density Urban node in Hawaiian Paradise Park shown on this slide thatÓs IN orange. You can see it on the slide in orange. And the Puna Community Development Plan also identifies three village center boundaries. One is a regional town center off of Kaloli Drive up near the highway. ThatÓs in this location here. And then there are two neighborhood centers, one further down Kaloli and one quite a ways down MakuÒu Drive. The subject property on this slide is shown again outlined in red towards the top of the subdivision. 1 EXHIBIT A The applicants are proposing to establish a community store within the garage of an existing dwelling on one acre. The store would sell a variety of items such as Asian foods, fruits, vegetables, plants, bottled water, soft drinks, ice, toiletries, grocery items, craft, gifts, and it would not sell alcohol or tobacco. The applicants are proposing to operate the store Monday through Saturday from 9 a.m. to 5 p.m. This is a site plan that shows the existing house in blue. And the garage is attached to the house by way of covered walkways and patios, and the garage is shown in green. There are two driveways into the property. One is off of MakuÒu Drive in this general area here. And then the st other one is off of 31 Avenue. And the site plan shows the driveway here, but when we out on the site visit it was located more in this area here. This is a photo of the house and the garage. So from this view weÓre looking at MakuÒu running st in this direction and then 31 Avenue goes off from MakuÒu here. This is the garage that theyÓre proposing to convert to a store, and then the existing dwelling. There is a, as I mentioned, an access off of MakuÒu that is gated. And this is another view of stst store area here, and then the driveway access off of 31 Avenue. This is a view of 31 Avenue looking back towards MakuÒu, and you can see the driveway on the right side. And this is a view of the back side of the garage area and you can see the closest dwelling is the blue house. st This is a view of MakuÒu and 31 Avenue coming off of the right side of MakuÒu. The property st is just beyond 31 Avenue. The Planning Department is recommending that the permit be denied for a few reasons. One is that we believe that it would adversely affect surrounding properties and change the rural character of the area. I didnÓt put a slide up for this but in the application you can see the applicant took a photo of the store when it was operating previously; and you can see that the use wouldnÓt be contained entirely within the garage. There are three doors that would be raised and they would display items outside of the garage. So you would see the commercial use of the property outside of the structure, which would change the character of the area. Noise from people coming and going in their vehicles would also affect surrounding property owners adversely. The request also is not consistent with not only the Puna CDP but the General Plan policies and goals. And IÓm just going to go forward here. As I mentioned before, there are three areas in the HPP Subdivision that the Community Development Plan had designated for commercial land uses. These are the village centers. And the property is quite a ways away from the closest village center here down MakuÒu. The CDP and the General Plan has policies in it that promote commercial uses to be located in these designated areas. So although the need may exist for a community store in HPP, the Department feels that this isnÓt the appropriate location for the request. Are there any questions? WOODWARD: Commissioner Kern. KERN: Yeah. Maija, could you go back to the County Land Use Map. Do you by chance who owns that property labeled MDU? 2 EXHIBIT A COTTLE: I believe that is owned -. No, actually I donÓt know. I think it may be the Association but I canÓt say for sure. KERN: Okay. Do you know who owns the property outlined for the regional center? COTTLE: I believe this property here is owned by the Association. This is the location of their community center. And this one may also be too. But I canÓt say for certain on this property here. KERN: The ones on Kaloli, if IÓm not mistaken, are not one of those owned by the Watamulls? COTTLE: Those are owned by the Watamulls. KERN: Thank you. WOODWARD: Any further questions? No? All right. Thank you, Maija. All right, let me ask the applicant if it would be all right, Councilwoman Emily Naeole-Beason would like to give some testimony and has to leave. If itÓs all right with the Commissioners and the applicants, I would like to ask that weÓd be able to take her testimony before you present your case. M. MENTNECH: Yes. WOODWARD: So Councilwoman, if youÓll come up and -. NAEOLE-BEASON: Mahalo. WOODWARD: Good morning. NAEOLE-BEASON: Good morning. WOODWARD: May I swear you in, Emily. NAEOLE-BEASON: Yes. WOODWARD: Do you swear or affirm to tell the truth today before the Windward Planning Commission? NAEOLE-BEASON: I do. WOODWARD: Okay, very good. If youÓll give us your name and address -. NAEOLE-BEASON: Yes. WOODWARD: And you may begin. 3 EXHIBIT A NAEOLE-B EASON: Okay, my name is Emily Naeole-Beason. My address is 15 -2237 Kaohuwalu Street, Pahoa, HawaiÒi. And so my road is the road right after MakuÒu, Paradise Park. I live on the Department of Hawaiian Homestead. You know, I just wanted to say Joy and Michael is my constituents in Pahoa. And the four years IÓve served on the Council I really aloha my people; and I have to, thatÓs why IÓm here today. Even though I have to be at the Board of Ethics by 10 oÓclock I decided I needed to come and speak. Thank you for giving me this opportunity. I just wanted to say that I have voted on many issues for business sites in Hilo for zone changes, I definitely remember in four years. I just wanted to say again MakuÒu as you go down MakuÒu Drive in Paradise Park the first street on the left there is areas where big trucks is parking. So there is some zone changing for those big trucks to park over there. I know that happened and I know as I drive past the highway I see them on that street; and I know that they paved that street so then those big trucks could be there. And the reason why the big trucks has to be there was th they were on 28 Street down in Paradise Park, and I helped the man get those trucks out of that th 28 Street. Because it was parked next to this man that was having problems Î cause 4 oÓclock in the morning all these trucks were starting up and he was having horrors. And so I, you know, fought for him to have the trucks move out of there. And so I just want to say thereÓs a Mr. Lee on the bottom of MakuÒu, he has a bed and breakfast. I know that for a fact cause I went to visit his place. So I see different spots in our Paradise Park that have different zone changes that have happened. So, you know, to me IÓm thinking how some can, some no can. I have issues when that happens. I just wanted to say Joy used to have a shop in KeaÒau. IÓve known Joy for the last 10 or maybe 15 years. Then she moved her shop to Hilo, then later she moved back to KeaÒau, and then she moved back to her house in Paradise Park in MakuÒu. So I think years; and, you know, so we have a good relationship. I just wanted to say that IÓve been fighting to bring jobs to Puna for our people in the four years IÓve been on the Council. And one st of the things IÓve been fighting for was Longs Drugs to open on November 1; and it did. Maybe it screwed up my election but I really donÓt care. I need to bring home jobs to the people. And the people is the priority to me. And so I just want to say Highway 130 is a death trap; and it belongs to the State. So we the people of Puna got to deal with this death trap. Every day we get out of our homes and we going down the road. All of the people need to get on this road to go to the store, doctor, they need to go to school, they need to go to their jobs and elsewhere. I hope that you give a favor for Joy and Michael because itÓs really important that we do have something within our area. Even if a small little store, you donÓt have to come out to Paradise, you can go up the road. You know what? To have Malama Market in Pahoa is a great blessing. To have Longs Drugs right in Pahoa, itÓs a blessing. You know what? We no more too much blessings. We donÓt. ThatÓs why every little thing that came up is a blessing. Some people think itÓs a disaster because they come from America and their manaÒo is different. But us that live in Puna all our lives, some people 20 years, some 30, or whatever, even 5 years, we consider it as a blessing, because we have to come to Hilo to do all the business other than that. Yeah? And IÓve been sitting out of, I mean, IÓve been standing down KeaÒau for the last four months campaigning and 4 EXHIBIT A I see all the people flying by, yeah, every morning, every afternoon, for at least two months. So we have a big concern in Puna. If the State no can get their act together to help us with our Highway 130, then we need to do things within our district. Again, I ask you guys for kokua. You know what? My heart is really for the people of my district. And I had to come here and tell you how I feel from my heart -. Thank you for allowing me to be able to speak today. Mahalo. WOODWARD: Thank you, Councilwoman. Does anybody have any quest Councilwoman? Thank you very much. All right, if we could have the applicant and/or their representative have a seat. Okay, if I can swear you both in. If youÓll raise your right hands. Do you swear or affirm to tell the truth today before the Windward Planning Commission? M. MENTNECH: Yes, I do. J. MENTNECH: I do. WOODWARD: Very good. Who would like to go first? M. MENTNECH: You want me to read my little thing? WOODWARD: All right, if youÓll give us your name and address and then you may begin. And, yeah, please use the microphone. M. MENTNECH: My name is Michael Mentnech; and my mailing address is PO Box 539, KeaÒau; and we live at 15-1951 MakuÒu in Paradise Park. This store is a win-win situation for everyone involved. A handy outlet for backyard farmers and gardeners puts extra money in their pocket. Many retirees on limited income, for many retirees on limited income an extra few dollars is a big help to them. That also makes them feel worthwhile. A lot of the products that we have at our store are from backyard gardeners in Paradise Park. WeÓve kind of transitioned into more of that because importing has become impossible with the decline of the dollar. So weÓre going to phase that out. We have fresh ripe fruits and vegetables from our neighbors. Most of what we sell is surplus backyard produce, so the quality is excellent and the prices very reasonable. This benefits everybody. Our store is at the top of HPP. It is within walking distance for many and it avoids death trap Highway 130 for the rest. Everyone dreads going out on that road, absolutely everyone. Again, this is a win-win for everybody. I hope you will approve our application. I gave you a list of point-by-point rebuttal of what the Planning DepartmentÓs observations of this were. And we have pictures. In fact, even their picture, their picture is better than mine. You can see down to where you canÓt see the cars anymore; and you can see all the way up to Highway 130 from our, either driveway or the intersection. You can see the cars turn and you can watch them come down. And I have some pictures by the way. You can tell, thereÓs enough cars so you can see them spaced along the way. So thereÓs not a visibility problem. And IÓve addressed all the other points. I donÓt know how you want to do this or what the -. 5 EXHIBIT A WOODWARD: ThatÓs fine. WeÓll see if anybody has any questions. Anybody has any questions for Mr. Mentnech? J. MENTNECH: We have some more, weÓve got our last signature -. NOMURA: Microphone, please. M. MENTNECH: Oh, microphone, Joy. WOODWARD: Okay. Well, seeing no -. Commissioner Au, you had a question? AU: How long were you guys in business prior to getting your violation? It says right here you thth guys on April 14 got your violation and you ceased your operation on April 17. M. MENTNECH: Yes. AU: But -. M. MENTNECH: We started probably like the first or second week of January because we had a store in KeaÒau. The State had the, we were in the KeaÒau Plaza. The State blocked off the entrances to that shopping plaza for about two months while they repaved, and it was during the Christmas season. And at the end of December we were out of business there. So we moved everything we had to the garage; and I think we had a garage sale. And we had all of this stuff and people wanted to buy it, and then kind of like a week later we opened it up and just left it opened. And then somebody complained and we shut down immediately after they told us we couldnÓt do it anymore. So -. J. MENTNECH: Before that, IÓve been in business for 9 years and started in 2001. I have pictures over there -. WOODWARD: Excuse me, excuse me, MaÓam. WeÓre going to see if there is any more questions for him; and then weÓll allow you to begin your testimony. Commissioner Au? AU: I have a question for staff. Who was the individual that made the complaint? Was it a neighbor, was it another business? COTTLE: Complaints remain confidential unless we need to disclose that through court proceedings. So I canÓt tell you that. WOODWARD: Okay. Commissioner Domingo, you had a question? DOMINGO: Yeah. What, after your relocation from the Pahoa Center, what were the items that you were selling at your actual garage sale? M. MENTNECH: You can kind of see, she has got a picture if you want to look at it. ItÓd be quicker and more accurate than me. 6 EXHIBIT A J. MENTNECH: You can see it in the picture, picture speaks louder than words. NOMURA: I can hardly hear -. WOODWARD: You need a microphone. M. MENTNECH: IÓll hold it and you -. J. MENTNECH: I donÓt know if you can hear it from there. M. MENTNECH: Okay, this is the import stuff which -. ARAI: Microphone, please. J. MENTNECH: IÓll hold and you -. M. MENTNECH: Okay. These are some of the import items that we carvings. Ninety percent is from either Bali or Indonesia, a little bit of Thailand. The last container we brought in this spring, the customs had gotten so tight and then the dollar -. The prices have gone so high that when we sell this out, weÓll be done. We had some Asian food; and then as I told you before I was growing hydroponic lettuce. I have a ten-acre farm in PanaÒewa that has citrus, a life-time collection of tropical fruits because I was College of Ag, and I like that sort of stuff. So I had everything under Î lychees, rambutans, just a lot of everything. Whatever was in season we tried to sell. I donÓt know what else you got there. We had papayas from friends. The neighbor immediately behind us grows taro, heÓs a small one, and we sell his extra taro for him. Bananas, people bring when they have. There are three ladies in Paradise Park that were bringing home-grown eggs. We were selling those. So this was kind of a work in progress. People kept saying, oh, IÓve got, you name it, greens or, and can you sell this for me? And weÓd buy it and sell it for them. So we had a lot of different stuff. And I, it just was going on and getting bigger and better. But then when we got the notice we just kind of let the hydrophonic lettuce go and -. We got a lot of tomatoes now in anticipation of getting approved. J. MENTNECH: Can I speak? WOODWARD: Yeah, let me swear you in first. If you can have him hold the thing so you can raise your right hand. Do you swear or affirm to tell the truth today before the Windward Planning Commission? J. MENTNECH: Yes. WOODWARD: Okay, if youÓll give us your name and address. J. MENTNECH: My name is Joy. IÓm the wife of Mike. We own the business. WOODWARD: Okay. Same address? 7 EXHIBIT A J. MENTNECH: Yes. WOODWARD: Okay, very good. J. MENTNECH: Yes. So in my business I do import stuff and IÓve been helping vendors from the market, Hilo Market, Hilo FarmersÓ Market, MakuÒu. And some store owners in front over here right now want to speak for me, if you can let them speak. So our store is not just a store, itÓs also like a service to the community, to the vendors and to the whole people. Also, IÓve been helping churches. And my family is in the Philippines, and I ca know how it is to be, you know, no money and really living hard. So I did my best to set up this store, and whatever income I have from the store I send that to the Philippines to help out. I really donÓt want to speak for myself. I want somebody speaking for me, so thatÓs why theyÓre here to speak for me. So I hope you can consider those. And I also got some signatures here. ThereÓs only one with opposing so far and I have more than a hundred signatures and letters from different people. I put some in there on that board, I put it up on this board. And if I can speak, I have so much of it, and I have it if you want to look at it and read them; and I hope you will consider those, those stuff. Thank you much. WOODWARD: All right. Thank you. Do we have any questions for either of the applicants so far? DOMINGO: Yeah. Just, I have a question to the applicant. WOODWARD: Commissioner Domingo. DOMINGO: On that actual garage sale as you indicated, is there any difference in other garage sales we find throughout the island? As we drive along the highway we see those cardboards with, announcing garage sale and arrow pointing to the direction that theyÓre having the sale. Is there any difference from that kind of garage sale than this, unless with it being exceptionally enlarged? M. MENTNECH: Well, itÓs constant. Most people donÓt have a garage sale five days a week. DOMINGO: ThatÓs what I mean. M. MENTNECH: Yeah, thatÓs -. And this is new stuff. ItÓs not the, typically garage sale is stuff you want to get rid of and then youÓre done with it. Plant sales may be similar but still not to this scope. So thatÓs -. I donÓt know where garage sale draws the line and where store starts. WeÓd only have two doors opened at any one time. One has a refrigerator, so itÓs only like the door opens and the refrigerator is right there. And the other one opens and thatÓs where you get into the store. And the third garage door, thatÓs my workshop. I didnÓt let her have that. DOMINGO: So what youÓre having is a combination of several scenarios with regards to, you know, weÓre treating separate a garage sale, an ordinary garage sale which we find every 8 EXHIBIT A weekend or sometime during the week, and with that exception is youÓre selling things that you also import? M. MENTNECH: Yeah. And things like toilet paper you wouldnÓt find at a garage sale, small shampoos, just things that people need and you donÓt really want to drive to Hilo or KeaÒau to get it. DOMINGO: How far is the nearest local commercial outlet? M. MENTNECH: Pahoa is like about four miles; and probably the Orchidland store is probably about the same, four or five, somewhere about there. DOMINGO: How many residents in your particular area there, the subdivision, and all of that development? M. MENTNECH: ItÓs in the thousands, I guess. Hawaiian Paradise Park is supposedly the largest subdivision in the state and one of the biggest in the country, from what theyÓve told me. And how many people are living there, I worked in the census but I didnÓt count Paradise Park, and I donÓt think the numbers are back yet. But itÓs way more than it was ten years ago. DOMINGO: So you have a substantial amount of people within the Park? M. MENTNECH: Oh, yeah, there are a lot of people in the Park, Hawaiian Paradise Park. DOMINGO: Well, weÓll listen to those who will be speaking in support of your application. Perhaps we can get a clearer picture of what actually is taking place. WOODWARD: All right, thank you. Do we have any further questions for either of the applicants? Commissioner Au. AU: Question. Your clients that come to the store are local people, correct, the people that buys products from you? Have you guys had any tourists stop by by any chance or is it all local people? J. MENTNECH: We do also. AU: So you do have tourists there? J. MENTNECH: Yes. AU: And the last, you opened since January to April which takes us about four months. You guys have had tourists there? M. MENTNECH: Well, what typically happens is tourists donÓt go up and down MakuÒu in the Paradise Park. What happens is they have relatives who know about the store and they bring them over because -. We bring stuff in direct and the prices are probably better than anybody 9 EXHIBIT A elseÓs. IÓve had people stop when we were in the mall and tell us that our prices were better than anything that they had seen in the State. So weÓre kind of proud of that where we can keep our costs down. Because we donÓt, typically what happens is somebody brings it in, they wholesale it to somebody else, they sell it to somebody else, and it ends up in the store. So everybody has to make a profit. So, but, yeah, we have tourists; and IÓm happy to see them because theyÓre often big spenders. WOODWARD: Okay, thank you. Any further questions? Okay, you two may be seated. Thank you very much. And weÓll begin taking public testimony. We have several people who have signed up to testify and weÓd like to give everybody a chance to be heard. To do that and to keep this moving weÓd like to limit, IÓd like to limit public te please. So if youÓre getting close to three minutes I will politely ask you to summarize. And weÓll take people in the order that they have signed up. Emily Naeole-Beason was the first one. She has already testified. And we have couple seats at the desk, so if we could Victor Popoff and Nenita Ingold. All right, good morning. If I could swear you in. If youÓll raise your right hand. Do you swear or affirm to tell the truth today before the Windward Planning Commission? TESTIFIERS: I do. WOODWARD: Okay. Now if -. Are you going to go first, sir? POPOFF: Yes. WOODWARD: All right, if youÓll give me your name and address, speak in the microphone; and then you may begin your testimony. POPOFF: Okay, my name is Victor Popoff, mailing address PO Box 492684, KeaÒau. I live in th Hawaiian Paradise Park, 1764 17 Avenue in KeaÒau. IÓve used MikeÓs and JoyÓs store a number of times. I donÓt have to use my car. I can use my bicycle or my motorcycle; and I donÓt have to cross the highway. For me itÓs very convenient to go to their store and purchase items that I need without having to go to KeaÒau. ThatÓs very important for me. Thank you all for listening to my testimony. WOODWARD: All right, thank you. Do we have any questions for Mr. Popoff? Okay, seeing none, thank you, sir. You may be seated. And Ms. Ingold, if youÓll give us your name and address, and then you may begin your testimony. N. INGOLD: My name is Nenita Ingold. I live in HPP. And my mailing address is Box 666, Hilo, 966-4946. And IÓve known Joy since I arrived here in 1994; and weÓre very, very good friends. And what I observed, what sheÓs doing is serving the community and it helps me as a mother. I donÓt have to drive far away if I need something because her store is very close and sheÓs giving a good service. And sometimes she asks me if, because I have some garden at home, if I could bring my vegetables to her store. IÓm just happy for what she is doing. Because to me itÓs like a common sense because of the time in the low, down economy, and it helps the people. When I was there at her store there were some people there too, older folks, and they 10 EXHIBIT A said this is a very good thing, this is a smart thing to do because we donÓt have to drive far away if we gave to get something that we need to use in our home. So I just hope and pray that you will grant this project that she has, because I know that this is a very good service to the community. Thank you. WOODWARD: All right. Thank you for your testimony, Ms. Ingold. Do we have any questions for Ms. Ingold? Okay, seeing none, you may be seated. The next two people we have signed up to testify would be Henry Ingold and Anne Abrams. If you could come up. H. INGOLD: Aloha. WOODWARD: All right, good morning. If I could get both of you to raise your right hands. Do you swear or affirm to tell the truth today before the Windward Planning Commission? TESTIFIERS: I do. WOODWARD: Okay, very good. And Mr. Ingold, youÓre signed in first, so if youÓll use the microphone and give us your name and address; and then you may begin your testimony. H. INGOLD: IÓm Henry Ingold. My address is PO Box 666, Hilo, HawaiÒi 96721. I had written testimony. I wasnÓt prepared to give oral testimony. I left it -. WOODWARD: Yeah, we have seen it. H. INGOLD: Okay. WOODWARD: It has circulated. There was just one copy but it had circulated, yes. H. INGOLD: Okay, thanks. WOODWARD: Nothing further? H. INGOLD: Nothing further. If anyone has any questions? WOODWARD: All right. Do we have any question for Mr. Ingold? No. Seeing none, okay, thank you sir. You may be seated. H. INGOLD: Thank you very much. WOODWARD: Ms. Abrams, if youÓll give us your name and address; and you may begin your testimony. ABRAMS: Aloha, my name is Annie Abrams. My address is PO Box 96, Hakalau. And IÓm part-owner of a store in Honom that serves mostly the tourists that are going to Akaka Falls, and local people, too. And JoyÓs and MikeÓs business has been a big help to us because of the 11 EXHIBIT A things that they import that we buy wholesale from them and sell at our store. It has helped out our store a lot. So itÓs our desire for that to continue. ThatÓs all. WOODWARD: All right. ABRAMS: Thank you. WOODWARD: Thank you very much. Any questions for Ms. Abrams? Okay, seeing none, thank you. ABRAMS: Thank you. WOODWARD: You may be seated. And then the last two would be Jeff Hurst and Kareen Haskin. All right. If I can get you to raise your right hand. Do you swear or affirm to tell the truth today before the windward Planning Commission? HURST: Yes. HASKIN: I do. WOODWARD: Okay, very good. All right, Mr. Hurst, you signed up first so if youÓll give us your name and address you may begin. HURST: My name is Jeff Hurst, PO Box 96, Hakalau. WOODWARD: Okay, you may begin your testimony. HURST: Yeah, Joy and Mike have been friends, business people, to us for the last ten years. WeÓve had the store in Honom for 3 . TheyÓve been greatly supportive of our business for the things that they do bring in. Since theyÓve been very good to our business I do know that if they continue their business where theyÓre currently located theyÓll be a great asset to their community as well. Particularly if theyÓre going to be doing vegetables, fruits, and that sort of things, I think they can bring quite a bit of things to the community as far as thatÓs concerned. So I greatly appreciate you listening to our testimony in the hopes that youÓll consider their application. Thank you very much for your time. WOODWARD: Thank you, Mr. Hurst. Do we have any questions? Commissioner Domingo. DOMINGO: Thank you, Mr. Chairman. You purchased any imported materials, items from them? HURST: Yes, sir, we have. DOMINGO: Such as? HURST: Sarongs, some wood carvings, things of that sort. 12 EXHIBIT A DOMINGO: Those are small items? HURST: Yes. DOMINGO: You donÓt have any large items like that? HURST: No, no, large items at all. DOMINGO: Because I know some individuals in town here and they import, they bring in huge, they bring in furniture, bring in other larger items in and sell that. So I was wondering if he brings in large quantities of materials into the place. HURST: You know, to answer your question on that, sir, I believe that all the items that theyÓve been bringing in are pretty small. It hasnÓt been furnitures or anything like of that sort. And itÓs my understanding that theyÓre going to be stopping that sort of activity because of the drop of the dollar with the cost of shipping, the hassle that it has to go through, through customs, to get it here. I do believe that they are sincere about changing their course as far as what business practices are going to exist in the future. And I think their hearts are set more into the type of convenience for the community as being a store for supplying fruits, vegetables and that sort of things for the community, and not as much into the area as far as export. DOMINGO: Thank you very much. HURST: Thank you, sir. WOODWARD: All right, thank you. Any further questions? Okay, thank you, Mr. Hurst. Okay, Ms. Haskin, if youÓll give us your name and address; and you may begin your testimony. HASKIN: My name is Kareen Haskin; and I live in Paradise Park. I returned to HawaiÒi almost six years ago. And we own two homes in Paradise Park since we first came back. We bought a home on Railroad and moved my father in to take care of him. Well, anyway, we now live on Beach Road. ItÓs at 15-1979 Beach Road, and right down at the end of MakuÒu. And MikeÓs and JoyÓs store when they, I met them quite a while ago when they were in Hilo, and then in KeaÒau. But when they moved to Paradise Park it morphed into another type of store. And thereÓs also all sort of plants and eggs and fresh vegetables. And when you turn off at the very hectic 130 Highway or have to cross it to go to Orchidland or something to buy the last minute things, like vegetables or what have you, we didnÓt like to do that. It was such a blessing to see that, to have that store opened. I donÓt know how many times IÓve stopped there, my friends have stopped there, and bought these fresh things. And they just increased and theyÓre growing. And I grow plants, I love growing plants, and so I brought them over there. When my relatives come over from the mainland if we canÓt get to MakuÒu Market -- and which a lot of times we canÓt, you know, they fly out at different times, theyÓre only there on Sunday -- a little store is so great for the kids to buy, you know, trinkets to take home. So I was extremely disappointed when the store was closed down. It is not adding anything negative to Paradise 13 EXHIBIT A Park. ItÓs very pretty, the house is very beautiful. And the part about the doors, all three doors being opened, that never happened unless Mike was working in his shop or something. The store is very small. And itÓs mostly agricultural now, especially, but there are still little tiny things there that you could buy. But itÓs very much needed. I have always gone to RozettÓs Nursery to buy me plants at, from Hawaiian Paradise Park, or CurleeÓs if I needed my car fixed. I use the vet in Paradise Park, Doctor Gruen. This store is extremely needed. We have nothing on our side. And itÓs a huge neighborhood, so I would appreciate your consideration of reopening it, please. Thank you. WOODWARD: Thank you. Do we have any questions for Ms. Haskin? No, it doesnÓt look like it. Thank you very much for your testimony. All right, that is it for public testimony, unless we missed anybody. Has everybody who wanted to testify had an opportunity to? All right, anybody would like to make a motion? KERN: Mr. Chair? WOODWARD: Yes, Commissioner Kern. KERN: IÓm not quite ready to make a motion. I want to do this a little bit, I know IÓm out of order but IÒve got to stand on my soap box here for a second. I grew up in Puna as pretty much everybody knows here, and IÓve spent quite a bit of time living in Paradise Park. And IÓve driven past that store/house quite a few times and it never seemed to be obtrusive. One of my big complaints is that the General Plan doesnÓt really do Puna very much justice, in my opinion. It doesnÓt. I mean it does Hilo pretty good, but it doesnÓt do Puna very well. ItÓs decent in KeaÒau and itÓs kind of okay in Pahoa. But anywhere in between there, it falls short, in my opinion. Furthermore, where there is an area to deal with it, itÓs held by the Association or some entity thatÓs larger that they donÓt have to do anything. The CDP in my opinion also is extremely flawed in where they have located their boundaries. I was a part of that. I mean if you want to say the boundary is given to the, basically the two biggest landowners in Paradise Park, that they donÓt need to do anything with it, it doesnÓt really make sense to me. Part of the CDP in my opinion was to give smaller business owners and entrepreneurs a chance to actually be able to do something, and get some land and open a store up, or develop some land and sell it, or lease it. So in my opinion the CDP is very flawed in that way; and I know that people agree. Honestly, I donÓt think thereÓs going to be a lot of traffic coming in there from outside the Paradise Park to go shop at this store. ItÓs not really like that. It seems to be, in my opinion, that it would be mainly kept more in Paradise Park. And not having to travel on Highway 130 is definitely a very good thing. Just this morning dropping my daughter off I almost got into an accident. IÓm honking my horn; and itÓs pretty dangerous. 14 EXHIBIT A The scary thing in my opinion though is setting a precedence for a bunch of small places to be opened up and kind of having this haphazard, you know, sporadic zoning. So in the event that this does move forward in an approval way, I donÓt think it should set a precedent in that. I think the GP needs some work, the General Plan. I think the CDP needs some work so it opens it up to more smaller entrepreneurs. Because, you know, especially in Puna and Big Island, weÓre the, you know, a lot of the ones that are funneling money into the economy. And IÓd rather see somebody have a little store than file bankruptcy, or something like that, you know. So, yeah, itÓs pretty much my opinion, so you know kind of where IÓm going with it. If anybody else wants to say anything about it -. WOODWARD: Well, I think if I might suggest that we have a motion so that everybody can, we can have discussion and get everybody involved. So would somebody like to make a motion? ISHIBASHI: IÓll make a motion. WOODWARD: Yes, Commissioner Ishibashi. ISHIBASHI: In regards to MichaelÓs and JoyÓs special permit application (SPP 10-106) I move to accept and make a recommendation to the County Council. WOODWARD: This is a special permit which would be approval. Correct? LEITHEAD TODD: Yes. This doesnÓt go to the County Council. If you approve it then itÓs approved. ISHIBASHI: Motion to approve the special permit. WOODWARD: All right. Do we have a second? KERN: Second. WOODWARD: Okay. COTTLE: Excuse me, Mr. Chairman? WOODWARD: Yes, Maija. COTTLE: If the Commission is going to recommend something different than the Planning Department, they need to provide reasons for that recommendation. WOODWARD: Right. WeÓre working on that. LEITHEAD TODD: And weÓll also have to come up conditions. 15 EXHIBIT A WOODWARD: Right. Well, yeah, this is just giving us a forum for discussion. So itÓs not set one way or the other at this point, as far as IÓm concerned. ISHIBASHI: Well, thatÓs the reason -. WeÓre just trying to open discussion to see how we come up with some ideas and make this thing fly, cause I see the need and the necessity to have this facility in operation. I see the benefits to the community. I donÓt know where the town center is going to be on that side of the road, if there is any town center coming up in Paradise Park, but I see the need for this facility. WeÓve got to hash out this special use. WOODWARD: Commissioner Domingo. DOMINGO: Thank you, Mr. Chairman. After listening to my two brothers here I have some few thoughts also, Mr. Chairman. I agree with what theyÓre saying and the sentiments that theyÓre pushing out. As I look at the proposed recommended regional commercial areas in the CDP, weÓre looking at a large landowner and weÓre looking at possibly lands owned by the Association. Now when you look at that and you try to perceive what kind of development will be coming in that area, what weÓre looking at would be huge, huge commercial endeavors. And that would certainly mean the commodity and the price itself would be, would be along the lines that we find in the Hilo or wherever. And I think what IÓve heard today is that what theyÓre trying to sell is to accommodate, you know, their whole intent is to accommodate the people within Hawaiian Paradise Park, and nothing else. My only concern about them is that, you know, theyÓre bringing in wholesale goods and then theyÓre reselling that to other outlets. ThatÓs a concern that I have, especially when youÓre coming in for a use, for a special permit in agricultural properties, you know. And as far as what this will permit in the future with regards to the General Plan, you know, IÓm glad that theyÓve come to us seeking a special permit. A special permit is not readily available for anyone who comes in and applies for it. You have to go through a hearing and get public input in order to obtain a permit. So with this in mind, you know, our concern to think that once we grant this then other lots in that whole area will come in and apply for it and then probably get, and be able to establish a similar operation that they have, that is wrong. A special permit is taken on an individual basis, based on its merits, based on the surrounding area, based on the environment, and all of those issues that, you know, brings concern to our minds when something new comes in. So that gives us some ability to say yes or no when we consider this. And I think what IÓve heard today, you know, it brings up memories of my past. I come up from a very humble beginning. IÓve been raised, I was born and raised on the northern part of this island by Kukuihaele, and Waipio Valley is at the end; and thereÓs no way out from there. YouÓve got to come back all the way to Honokaa and take the highway again. So, you know, my upbringing was a very humble one. In fact, we lived below Kukuihaele, which if you would look in the history books they had a plantation, Honokaa Plantation landing, ThatÓs where the ships used to come and take sugar, bag sugar from the, and troll it down to the ship. You know, we didnÓt have any store, we didnÓt have any store, with the exception of the plantation store. So if you call who, thatÓs how old I am, a person living when they had the plantation store, youÓre looking at one of them. We depended on them a lot. And it was through necessity that the plantation had to do that, because the roads coming down to our place were very, were not 16 EXHIBIT A travelled often, only plantation trucks used to come. I used to walk to school about a mile and a half on that road every day, up to Kukuihaele School. And one thing I found comforting is what little that plantation store had our family could go and purchase that. And you know, we didnÓt have the means to buy everything we needed because of the plantation economy at that time. So my parents had to raise pigs, chickens, and grow vegetables and everything. ThatÓs how we lived. So now although this is not similar to that, it brings back memories of a necessity that we had in our lives. And what IÓm looking at is those in Paradise Park or in that surrounding area if theyÓve got to go up that road and go travel to a commercial area, their concern is fighting that traffic along Highway 130, and thatÓs putting your life at risk, and I donÓt think it would be wise to do that. Every time we hear or we entertain an application in that area, the primary concern is with regards to traffic, how bad it is. So what alternative do we have? What alternative does the people in Puna have, with the exception of having a store or whatever their needs may be put within their immediate vicinity so that the safety factor is not much of an issue? And I think thatÓs what is being done here. As I mentioned, you know, and I appreciate the work the staff has been doing. And I think theyÓve interpreted that from the standpoint of land use, from the standpoint of land use. But what IÓm doing is injecting something thatÓs in addition to what has normally been concerned about and looked at, researched under the General Plan, and that is needs of individual families. And then thatÓs why I, you know, I speak for this motion. If this issue is passed and agreed to by the Commissioners, certainly, as I said I would frown upon having, bringing in imported goods to be sold, to be sold wholesale to other outlets in the community. ItÓs not in keeping with what I envision as a community store. And, of course, there would be other requirements that they have to meet with regards to Building Codes and everything, so that theyÓre bringing it up to speed with existing requirements with building, and electrical and plumbing, and even OSHA, not OSHA but EPA standards. So, you know, this is just the beginning. ItÓs not going to be, yes, and youÓre in right away. It has to be discussed as to what would be the requirements to provide a safe environment, you know, and something that the community would be, have a vision that this is going to be widely used. Thank you, Mr. Chairman. WOODWARD: Thank you, Commissioner Domingo. Do we have any other discussion? Commissioner Au. AU: Commissioner Kern -. KERN: You could go first. I was going to speak too, but you ca WOODWARD: All right. Let me just bring up one thing that weÓre having researched right now because it may have a bearing. And that is we need four votes to decide one way or the other, because this is nominally at least a seven-member body. So we have to have a majority of that seven to make a decision. Now if we have a split vote three to two, we have not taken action. We have not made a decision. The question is what happens in that case? And my 17 EXHIBIT A understanding in the past has been that if that is not, if we do not make a decision that within 30 days there is a defacto granting of this permit without conditions. And I know weÓre having -. Is that correct, Mr. Takase? TAKASE: Yes, that will be correct. WOODWARD: Okay. So thatÓs one of the things we need to keep in the back of our minds. You know, weÓll go on with the discussion but we need to -. I want everybody to be aware that if we end up with a split decision what that is going to mean, is approval of this permit without conditions, de facto. Okay? So, Commissioner Au, you wanted to make a statement, then weÓll go to Commissioner Kern. AU: I agree with my fellow Commissioners on the need for a store like this in Puna. I live in Puna. Okay? And on Saturday, sometimes on Saturdays and during the weekdays myself or my wife, we need a few things Î eggs, you know, small things for example Î and this store would be ideal. Although, I have a problem with how this business came about. Okay, you were in business from 2001 so you understand how to run a business. And through this recession, you know, businesses are shutting down and weÓre all feeling this recession. Okay? But you donÓt have a right to just open up a store wherever you want; and thatÓs basically what you did. And thatÓs what I donÓt agree with. WOODWARD: All right, thank you. Commissioner Kern. KERN: Thank you, Mr. Chairman. Commissioner Au, I agree that, you know, just starting up a store wherever you want, like that, is not the way to do it, is not good protocol. I think it would be a greater negative concept to punish them for that and punish the community at the same time. I think it should be stated that if people want to do something like that that they should go about the proper channels, especially if theyÓre been in business for a long time, go about the proper channels in the first place to do it. And sometimes it wasnÓt, you know, things start out one way and they morph into something else. I also agree with Commissioner Domingo, that it should be a community store and not an outlet for wholesale items or something like that. If you want to do a wholesale business, do it somewhere else. Go to, you know, a Light Industrial area and set that up there. This should be a community store for the community and, in my opinion, thatÓs what it would be. Cause, I mean where I live now, I donÓt live in Paradise Park any more, IÓm sorry but IÓm not going to drive down there to shop at the store. ItÓs not convenient for me. And thatÓs, itÓs my opinion most people shopping there will be folks in Paradise Park that donÓt want to go out onto the highway and flip the coin. You know, itÓs just going to be one of those times. So I think there should be the proper conditions if this is passed. I support it. And thatÓs about all I have to say right now. Thanks. 18 EXHIBIT A WOODWARD: All right, do we have any further discussion? All right, IÓd like to ask for a recess before we go any further to let us sort of get our ducks in a row with regard to the Planning Director and the legal questions involved; and then we will be back. Commissioner Domingo, you had something? DOMINGO: I was just going to move for a recess. WOODWARD: Okay, letÓs recess for 10 minutes and then we will be for ten minutes. RECESSED ÎThe Chair called a recess at 10:33 a.m. RECONVENED Î The Chair reconvened the meeting at 11 a.m. WOODWARD: IÓll call the meeting of the Windward Planning Commission back into order. I think weÓve had a productive recess. WeÓre in a bit of a quandary. As I mentioned the question about making a decision on this has to do with whether weÓre able to achieve four votes one way or another; and if we donÓt weÓre sort of between the devil and the deep blue sea. Anticipating that that might be the case, I wanted to have the Planning Director and our legal counsel have some time to see where they would like to go. And if it is the CommissionÓs pleasure to in some fashion approve this permit the Planning Director has come up with some conditions. And what I would like to do is have those conditions be read; and then if Commissioner Ishibashi and the person who seconded it, the motion, are willing to accept those as amendments to their motion, that would seem to be the most reasonable way to proceed at the present time. So, Maija, if nobody objects I would like to proceed in that fashion. Are there any objections? Seeing none, Maija, would you please give us the Planning DirectorÓs proposed conditions. Okay, Maija. COTTLE: Okay. The first condition would read, ÐThe applicant, successors or assigns shall comply with all of the stated conditions of approval.Ñ The second condition would be our standard plan approval condition that says, ÐPrior to the commencement of the proposed use the applicant shall secure a final plan approval from the Planning Director in accordance with the Zoning Code. Plans shall identify all existing structures, signage, fire protection measures, proposed parking area, driveway and other improvements associated with the proposed use. The parking area and driveways shall be paved. Landscaping shall also be indicated on the plans in accordance w Rule No. 17, Standards for the Village Commercial zone adjoining a Single Family Residential zone.Ñ st The third condition would read, ÐNo parking shall be allowed on 31 Avenue or MakuÒu Drive. st To prevent vehicles from parking along 31 Avenue or MakuÒu Drive, the applicant shall provide a minimum of ten on-site parking stalls, including at least one accessible parking stall. The middle gate at the driveway entrance on MakuÒu Drive shall remain closed during hours of operation.Ñ 19 EXHIBIT A Condition 4 would read, ÐPrior to commencement of the proposed use, the applicants shall secure and finalize all building, electrical and plumbing permits required by Building Division, Department of Public Works, for the change in use from garage to community store. The permits shall be finalized within six months from the effective date of this permit.Ñ Condition 5 would read, ÐHours of operation shall be limited to 9 a.m. to 5 p.m. Monday through Saturday. Condition 6, ÐThe residents of the dwelling shall be the only employees of the community store.Ñ Condition 7, ÐAlcohol and tobacco shall not be sold at the community store.Ñ Condition 8 ÐAll signs associated with the proposed use shall comply with Chapter 3, Signs, of the HawaiÒi County Code. This includes securing a sign permit from the Building Division, Department of Public Works.Ñ Condition 9 would read, ÐThe applicant shall comply with all applicable County, State and federal laws, rules, regulations, and requirements.Ñ And Condition 10 would be the standard condition allowing the applicant to apply for an initial administrative time extension from the Planning Director to perform the conditions. And thatÓs it. WOODWARD: Okay, thank you, Maija. Do we have questions from the Commissioners? Okay, IÓd like to call the applicant back up and see what their reaction to these conditions might be, or whether theyÓre ready to, they may need more time in which case we may consider continuing this hearing. YouÓve both been sworn in. This may be more than youÓre willing to make a snap decision, in which case we do have the option of continuing this proceeding. So that would be an option. M. MENTNECH: Just by what she was saying there, number one, that weÓre going to have to invest all this money before we can even open, cause it says here ÐPrior to commencement of the proposed use.Ñ Ten parking spaces? ThatÓs a hell of a big parking lot. I have to pave it all before we can open? WeÓve been closed for nine months now, and we had to move out of KeaÒau because business was so bad. So I think the only, looks like the only condition, and itÓs not in here, is that we should be younger. And this is kind of, sounds like an approval but basically when you are younger you can open. So I donÓt know, continuing it I wonÓt be younger. I thought weÓre offering a valuable service to the community. We never have ten cars there. All of this stuff, prior, it was my understanding that you had a certain amount of time to comply with the regulations, not that you had to have a commercial, rebuild the whole thing before you could even open. So, I donÓt know, IÓm just -. WOODWARD: Well, it is a lot to try to digest. And it certainly, weÓre still in the discussion phase so thereÓs nothing written in stone at this point, and the Director is not changing her basic recommendation. SheÓs just throwing these out for our consideration. So, you know, the Planning staff has given us some assistance in trying to come up with conditions. But, so you -. 20 EXHIBIT A I think from what you say youÓre not comfortable with these conditions as they exist currently because of the cost and -. M. MENTNECH: I think the cost is exorbitant. I think itÓs designed, it almost sounds like itÓs designed to, yeah, you can have the permit, but you can never open. WOODWARD: Okay. M. MENTNECH: I just think itÓs -. Oh, goodness, what can I tell you. WOODWARD: Okay, all right. ThatÓs fine. Thank you. Commissioner Domingo? DOMINGO: I was just thinking, are these conditions normal conditions under which you would apply when coming for a commercial zone? I mean, you know, IÓm a way I can understand the rationale for it. But it has been taken away from the so-called real village use that it was intended to be. I donÓt know, IÓm just caught between what has been recommended and what has been said. WOODWARD: Okay. Maija, maybe you can answer that question. Commissioner Domingo is asking whether these are standard conditions, essentially. COTTLE: For the most part theyÓre standard conditions. The, when we consider a land use thatÓs permitted through a special permit sometimes we do require paved parking, sometimes weÓve allowed unpaved parking in agricultural areas. Since this is a commercial use this is why weÓre requiring paved parking, or recommending paved parking. And the number of spaces we recommended was because I think provided in the testimony today the community has said there is a need and demand for this use; and theyÓre estimating 15 cars per day. But if, you know, we have to anticipate that the demand may grow; and we donÓt want to see vehicles parking along the streets, because that would create an unsafe condition. DOMINGO: I, you know, -. WOODWARD: Commissioner Domingo. DOMINGO: I think if I recall correctly we had an application for a special permit along that old Honom Road to which also that was a commercial endeavor. And I donÓt think we even recommended to them that they pave the road going up to their co commercial venue to be paved and to provide for parking, paved parking. You know, thatÓs as clear as I can think of. Perhaps there were other applications where we had not demanded such stringent kind of improvements. WOODWARD: Okay, thank you. Madam Director. LEITHEAD TODD: You know, I was trying to remember whether the number came up from the square footage. Maija, was it based on square footage? Cause thatÓs normally how we 21 EXHIBIT A determine parking spaces for commercial buildings, itÓs based on the square footage of the building. So is that how we came up with ten or it was -? COTTLE: The square footage would have required four parking spaces, which is what the applicant was recommending. LEITHEAD TODD: Well, if the square footage would require four, then that would seem to be more reasonable -. COTTLE: Okay. LEITHEAD TODD: You know, IÓm just saying that if that would be what we would normally recommend if that was a commercial building of that size. If the Commission were going to do something where there was like a time limit on this, I think I would be less concerned about, you know, permanent infrastructure. But if the permit runs with the land so that, you know, this is something where 20 years from now thereÓs an on-going store there, then you have to look at what kind of infrastructure you need for that. But if youÓre going to do something or if you consider something like you did with some of the others in the past where you did, you know, like a five-year permit that had to be renewed or, you know, something like along those lines, then I think it gives you an opportunity to revisit whether the conditions that youÓve put on the property are sufficient to deal with what actually occurred. And, you know, you can, obviously you have the discretion in terms of whether you want it paved or unpaved, or how many stalls that you want. But I think the concern that we have is sometimes you canÓt anticipate just, you know, how much use or the changing nature of what gets sold in a store as time goes by. Cause weÓve certainly seen some things that get ended up getting a lot busier than we originally thought, you know; and then some things donÓt pan out and people But the problem that I have is that special permits are essentially like rezoning property but without the conditions -- if this were a rezone youÓd be looking at things like curb, gutter, sidewalk -- and we typically donÓt do those kinds of requirements, and we donÓt have all the other requirements where you have to do a traffic study before you come in. So if it is the intent of the Commission to look at approving, then you should be looking at what kinds of conditions you think are reasonable. Then you should also look at whether you want this to be a permit that you want the ability to revisit to see what has happened to the actual operation of the business and whether whatever conditions you impose are adequate. WOODWARD: Commissioner Domingo. DOMINGO: Under normal circumstances what we will be looking at if we impose the conditions would be that which would apply to the community concerns. But what IÓm looking at is what weÓre, the conditions that weÓre looking at are that of the County administrationÓs concerns, you know. And I think as weÓve done in the past, sure letÓs impose some, maybe a five-year limit and not requiring such stringent conditions so that they can go ahead with their practice. And then within those five years if there are any outstanding kind of so-called issues which endangers, endangers the people in the community, or which does not conform to what the community actually was looking at, or whatever even the Planning Commission, Planning 22 EXHIBIT A Commission is looking at right now, then sure after that five-year period we can look at that. And if we need to, we can make amendments to that application, or even going to the extent of even denying, denying that permit again - denying that permit, and then putting an end to that use. I mean, you know, I see as a Planning Commissioner, personally, my own thought is that letÓs try to assist those who are sincere about what theyÓre trying to do and, you know, what theyÓre trying to do. We would do that looking at the entire application to see if itÓs an appropriate one within the designated land use and whether itÓs safe, to provide for a safe location, and that all other conditions, all other requirements are met. For instance safety, I can see where they need to bring their building or their garage up to some safety condition so that the community then would be afforded a safe place to shop, and, you an exorbitant cost on their financing. They cannot, theyÓre stuck, because theyÓve been out of business for many years, for many months; and that brings them back. And even before they start they have to invest a whole lot of money. ItÓs like approving and denying an application. And itÓs hard for me to fathom that in my mind. WOODWARD: Okay. I was just clarifying with the Planning Director, if we time limit this to five years, for example, that would give them five years; and then they would have to come back for another, for an extension, but it would have to be before the Planning Commission. And that would potentially allow us to take care of some of these other really expensive conditions, such as paving things and putting in extra parking. Maija, could you run over that list again one more time just briefly for us. LetÓs see if thereÓs anything else that we absolutely -. COTTLE: We have the plan approval condition that requires the plans identify the signage, fire st protection measures, parking area, driveway, landscaping. No parking shall be allowed on 31 st Avenue or MakuÒu Drive. And then to prevent the vehicles from parking on MakuÒu or 31, the applicant shall provide ten parking stalls, one accessible parking stall. The metal gate at the driveway entrance on MakuÒu Drive shall remain closed during hours of operation. The fourth condition is prior to commencement of the proposed use, the applicants shall secure and finalize all building, electrical and plumbing permits from the Building Division for the change in The permits shall be finalized within six months from the effective date of this permit. And then Condition 5 limits the hours of operation between 9 a.m. to 5 p.m. Monday through Saturday. This is what the applicant had represented. Condition 6, ÐThe residents of the dwelling shall be the only employees of the community store.Ñ Again, that was represented by the applicant. Condition 7, ÐAlcohol and tobacco shall not be sold at the community store.Ñ That was also represented by the applicant. And all signs associated with the use shall comply with the HawaiÒi County Sign Code, which includes securing a sign permit from the Building Division. And then the standard time extension condition. WOODWARD: My suggestion, and IÓll just bring this up for point of discussion, would be that if weÓre going to consider a time limited permit, five years, to stay with the hours of operation 9 to 5, Monday through Saturday, no alcohol, and that the only employees be the residents of the house. And then that would seem to me to take care of most of the questions. Would that be acceptable to you? M. MENTNECH: Let me, you Î. 23 EXHIBIT A WOODWARD: If we have a time limited permit for five years at which time if you continue beyond that you have to bring it back here, okay, that your operation hours or hours of operation be Monday through Saturday 9 to 5, that there be no alcohol or tobacco sold, and that the only two employees be the two of you that own the home. Those would be the, thatÓs just open for discussion. M. MENTNECH: Okay. WOODWARD: Are those acceptable to you? M. MENTNECH: Well, actually it was my understanding that you had to come back every five years anyway. I didnÓt know that it was forever. I thought that these were like limited to five years. So thatÓs not something that, itÓs unexpected. WOODWARD: ThatÓs acceptable to you, okay, all right. M.MENTNECH: The residents of the house, I have a daughter who has been here filming for her school, and IÓd like, sheÓs a resident of the house. I assume sheÓs covered by this if she wants to watch store. You said residents of the house. WOODWARD: Right, yeah. M. MENTNECH: Okay. And what was the other one? WOODWARD: No alcohol, tobacco. M. MENTNECH: Oh, yeah. No, I donÓt want any part of that. WOODWARD: And 9 to 5 Monday through Saturday. M. MENTNECH: Okay. WOODWARD: Okay, all right. Very good. Okay, thank you very much. You folks may be seated. And weÓre still in discussion mode, so anybody would like to make -. LEITHEAD TODD: Well, Commissioners, I also -. WOODWARD: Yes. LEITHEAD TODD: Would remind you that if youÓre going to go forward with the motion to approve, that you need to have some determination that, something that, you know, the changing nature of Puna, the population growth has required a need for commercial properties, that this is a small-scale operation, that itÓs not necessarily going to have that, you know, given the size of the operation and the limited hours of operation that it will not have an adverse effect, or something of that nature, or that itÓs a reasonable use of the property. You know, something along those lines. 24 EXHIBIT A WOODWARD: I couldnÓt have said it better myself. Okay, the other option is to continue. We have a lot of options. Okay? One option is to vote on the motion. One option is to vote on the motion with the potential conditions, the time limit, the 9 to 5 Monday through Saturday, no alcohol, etc. etc. And the third is continue it; and thatÓs actually what I think some of the Planning staff would prefer, to continue it to get their, you know, a little more time to get things formalized. So itÓs open for discussion. Commissioner Domingo. DOMINGO: Mr. Chairman, to clear my mind, what weÓre imposing, the conditions, the only conditions weÓre imposing are that which you mentioned to him? WOODWARD: ThatÓs what I asked him whether heÓs comfortable with it. It would be essentially four conditions Î One it be time limited to five years. The second would be a time restriction Monday through Saturday 9 to 5. The third would be no alcohol or tobacco sold. And the fourth would be that the only employees would be residents of the house on site. DOMINGO: Okay, if the applicant is agreeable to that, personally, I feel that thereÓs no need to defer it any further, unless the administration would like to then look at it. WOODWARD: Okay, if weÓre going to do it that way weÓll need to have Commissioner Ishibashi change, agree to amend his motion. LEITHEAD TODD: And -. WOODWARD: And maybe weÓll have the Director -. LEITHEAD TODD: You know, one more concern, and it really doesnÓt matter. We typically include it as a condition. It will be required even if itÓs not a condition, which is that you have to comply with all other State and County rules, regulations and laws. And where this is potentially going to be an issue for you is when you come in for plan approval and Building Division takes a look at the structure of the garage, because it has to be approved as minimally safe for somebody working in it as opposed to just putting a car into it. So, you know, and thatÓs a standard that we say that; and thatÓs just a health and safety kind of issue. WOODWARD: Excuse me, make it 4 , thereÓs a little one piece of boilerplate that has to be in there. And that would be before the other conditions, and that is, ÐThe applicants, successors or assigns shall comply with all the stated conditions. Okay? M. MENTNECH: ItÓs okay. WOODWARD: That means, okay, weÓve said these conditions, we mean them. Okay? All right so, yeah, and also the thing, the applicant shall comply with all applicable county, state and federal laws, rules, regulations and requirements. Okay, so thatÓs six actually. ISHIBASHI: Okay 25 EXHIBIT A WOODWARD: Commissioner Ishibashi. ISHIBASHI: Okay, I make a motion that we approve this special use permit with the six conditions mentioned. WOODWARD: Okay. Who made the second? Was that Commissioner Kern? KERN: I did, yeah. I think this is a great compromise, to put the time limit on it and have the conditions be less, and the less economic impact on the applicant. I definitely second it. WOODWARD: All right, very good. Did you guys need me to go over that again? I think youÓve got the conditions. One is -. COTTLE: IÓm missing one. WOODWARD: One is having to do with they shall comply with the c time limited to five years. The third is -. COTTLE: Time limited, okay. WOODWARD: Okay, all right. And then Monday through Saturday 9 to 5, no alcohol and tobacco, only the residents of the household, and then all applicable state, county, federal, etc. TAKASE: And -? WOODWARD: And -? TAKASE: Because youÓre going against the recommendation, you have to give the reasons. WOODWARD: BJ just gave a whole list of reasons why we disagreed with her and I supported her entirely with the reasons. TAKASE: All right. WOODWARD: Okay, weÓll come up with that. All right. KERN: Do you want me to do that? WOODWARD: Yeah, in fact, that would be a good idea because we do need a list of reasons. And the Planning Director actually had a pretty good list, but if you want to amplify on that, go right ahead. KERN: Great. Yeah, the big reason why I think weÓre doing this is that it makes sense. The general economy is just in the dumps right now. This is a reasonable request for a small business person to operate a small store in an area that will not adversely impact the community. It will 26 EXHIBIT A actually enhance the community and the social well-being of that community. ThatÓs probably good, yeah? WOODWARD: And I think the other fact is itÓs time limited, itÓs may fill in a few of the gaps that existed with the CDP, between the CDP and full implementation. KERN: Exactly. WOODWARD: How about that? KERN: ThatÓs perfect. WOODWARD: Okay. All right. Does anybody else have any further discussion? Mr. Gonzalez, we go? GONZALEZ: Okay. WOODWARD: Okay, I guess weÓve got our legally, all our ducks in a row. No further discussion? Okay, Maija, letÓs have a vote. COTTLE: Okay, Commissioner Ishibashi? ISHIBASHI: Aye. COTTLE: Commissioner Kern? KERN: Aye. COTTLE: Commissioner Au? AU: Aye. COTTLE: Commissioner Domingo? DOMINGO: Aye. COTTLE: And Mr. Chairman? WOODWARD: Aye. COTTLE: Okay, the motion passes five-zero to approve. KERN: All right, thank you very much. You will be notified in writing. And I would like to add an addendum that there was a matter, I think, more of anything weÓre concerned about precedent setting. But clearly in this instance thatÓs why we have this Commission, is to get around things 27 EXHIBIT A that donÓt exactly fit in the square pegs, square holes that we have, the round pegs. So, anyway, thank you very much; and youÓll be notified. The discussion ended at 11:30 a.m. Respectfully submitted, Sharon M. Nomura, Secretary Windward Planning Commission 28 EXHIBIT A