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HomeMy WebLinkAbout2011-10-06 Windward Planning Commission Minutes WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES OCTOBER 6, 2011 The Windward Planning Commission met in regular session at 9:05 a.m. in the County of Hawai‘i, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai‘i, with Chairman Zendo Kern presiding. COMMISSIONERS PRESENT: Zendo Kern, Dean Au, Wallace Ishibashi, Stephen Ono, and Raylene Moses STAFF PRESENT: Julie Mecklenburg (Deputy Corporation Counsel), B. J. Leithead Todd (Planning Director), Daryn Arai (Planning Program Manager), Phyllis Fujimoto (Staff Planner), and Jeff Darrow (Staff Planner). ABSENT & EXCUSED: Takashi Domingo The Chair introduced the staff and Windward Planning Commissioners to members of the public and described the procedures to be followed for today’s meeting. PACIFIC QUEST CORPORATION (USE 11-27) Application for a Use Permit to allow the establishment of a group living facility with more than eight (8) residents within the Resort-Hotel (V-.75) zoned district. The properties are located on the north (makai) side of Kalaniana‘ole Street, approximately 130 feet southwest from the intersection of Kalaniana‘ole Street and Kea‘ā Street, Waiākea, South Hilo, Hawai‘i, TMKs: 2-1- 06: 16 & 17. The Commission took this item up at 9:07 a.m. with eight people from the public in attendance. Commissioner Moses recused herself from participating on the application because of a conflict of interest. Mr. Darrow oriented the Commission and public of the subject and surrounding properties on the location map and site plan, summarized the request, and noted the Planning Director recommended approval of the application with conditions. He said additional correspondence submitted into the record were the July 7, 2011 comments from the Department of Water Supply and the applicant’s response; and, he noted that if this application is approved the applicant is requesting Use Permit No. 98 be revoked. The applicant’s representative, Jennifer Zelko and Mike McKinney, were in attendance. Ms. Zelko stated they have reviewed the Planning Director’s recommendation and are agreeable with the proposed conditions. There was no one from the public wishing to testify on the application. 1 It was moved by Commissioner Au and seconded by Commissioner Ishibashi that the application be approved as recommended by the Planning Director with conditions. The Chair commented he supported the application as it will create jobs and help youths that are dealing with difficult issues. A roll call vote was taken and motion carried with four ayes (Au, Ishibashi, Ono, and Kern), one absent and excused (Domingo), and one recusal (Moses). PACIFIC QUEST CORPORATION (USE NO. 98) Revocation of Use Permit No. 98, which was approved on February 27, 1992 by the Planning Commission to allow the establishment of a community health center within the former AYH Youth Hostel complex. The property is located on the north (makai) side of Kalaniana‘ole Street, approximately 130 feet southwest from the intersection of Kalaniana‘ole Street and Kea‘ā Street, Waiākea, South Hilo, Hawai‘i, TMK: 2-1-06: 17. The Commission took this item up at 9:17 a.m. with nine people from the public in attendance. Commissioner Moses recused herself from participating on the application because of a conflict of interest. The Chair pointed out, as the staff had earlier commented, that the revocation of this permit will allow the applicant to proceed with the Use Permit 11-27 to establish a group living facility. Staff had no further comments to add, and there were no questions raised by the Commissioners. The applicant’s representative, Jennifer Zelko and Mike McKinney, were in attendance. Ms. Zelko stated they have reviewed and agreed with the Planning Director’s recommendation. There was no one from the public wishing to testify on the application. It was moved by Commissioner Au and seconded by Commissioner Ishibashi that Use Permit No. 98 be revoked. A roll call vote was taken and motion carried with four ayes (Au, Ishibashi, Ono and Kern), one absent and excused (Domingo), and one recusal (Moses). APPLICANT: DR. KEVIN STUEF (REZ 11-140) Application for a Change of Zone from Single Family Residential-15,000 square feet (RS-15) to Village Commercial-10,000 square feet (CV-10) zoning district for approximately 20,637 square feet of land. The subject property is located on north side of the Māmalahoa Highway (Highway 11) across from Na‘alehu Park, and adjacent to the east of the Punalau‘u Bake Shop, Na‘alehu rd Subdivision 3 Series, Poupouwela and Kawala, Ka’u, Hawaii, TMK: 9-5-25: 33. The Commission took this item up at 9:20 a.m. with seven people from the public in attendance. Mr. Arai oriented the Commission and public of the subject and surrounding properties on the location map and site plan, summarized the request, and noted the Planning Director recommended approval of the application with conditions. He then proposed Condition D be amended so that a water commitment is secured within 180 days or six months instead of 90 days. 2 In response to Commissioner Ono’s inquiries regarding Condition J, Mr. Arai said if the zoning is approved by the County Council then uses permitted within that zoning district classification may be established; a Village Commercial zoned district does allow residential uses; and if the applicant wishes to pursue a residential development in the future, then at that point in time he will be subject to the fair share requirements. Ms. Leithead Todd clarified that this condition basically puts the applicant on notice that down the road if either the applicant or future property owner decided to change the use to perhaps a duplex use they would be subject to the County’s fair share assessment to mitigate the impact on police, fire, parks, etc., in the area. The applicant’s representative, Jeff Melrose, said Dr. Stuef was not in attendance today but did send his regards. He gave some background information and clarified that across the street from the subject property is the park and not the elementary school. He then stated they have reviewed the Planning Director’s background report and recommendation and agreed with the proposed conditions. For Mr. Melrose’s information, Mr. Arai said that the Department of Water Supply requires water demand calculations to determine whether an existing meter is sufficient to service the subject property or whether a bigger meter is required, which may have an effect on one of the final commitment obligations that an applicant needs to pay. Mr. Arai noted that the proposed amendment to Condition D is to give the applicant additional time, if necessary, to work on its water commitment obligations. Mr. Melrose then said he appreciated the proposed amendment to the condition. Mr. Melrose noted Dr. Stuef is very well supported in the community and no comments on the application have been received from any of the neighbors. He said the County Council adopted a resolution to put a moratorium on rezoning in the area; however Council Person Smart said that there is a provision in that resolution to allow for such uses that help promote the public health and safety of the community in general, which the subject application purposes. Commissioner Moses commented that although she was not the doctor’s patient, she could vouch for the necessity of his practice in the area, noting his 30 years of business is a testament to that. Mr. Melrose said the scenic appearance of Naalehu is simply going to be enhanced by Mr. Boone Morrison’s work on the 1928 building. There was no one from the public signed up to testify on this application. It was moved by Commissioner Moses and seconded by Commissioner Au to send a favorable recommendation to the County Council as recommended by the Planning Director, with conditions, as amended. A roll call vote was taken and motion carried with five ayes (Moses, Au, Ishibashi, Ono, and Kern) and one absent and excused (Domingo). 3 NEW BUSINESS – 9:30 a.m. APPLICANT: JAMES SARGENT (USE 11-029) Application for a Use Permit to allow the establishment of a 5-bedroom bed and breakfast operation within an existing 6-bedroom single family dwelling on 2.27 acres of land within the Single Family Residential-15,000 square foot (RS-15) zoned district. The property is located at 55-3456 Akoni-Pule Highway (Highway 270), which is on the south side of Akoni-Pule Highway approximately 700 feet east of the Akoni-Pule Highway (Highway 270) and Hāwi Road intersection, Hāwi, North Kohala, Hawai‘i, TMK: 5-5-15:41. The Commission took this item up at 9:38 a.m. with six people from the public in attendance. Mr. Arai explained that the Commission will not be hearing this matter as it is actually a Leeward Planning Commission item. APPLICANT: PETER CHRISTOPHER (SLU 11-030) Application for a State Land Use Boundary Amendment from the Agricultural to Urban District for approximately 4.947 acres of land. The properties are located on the northwest side of Akaka Falls Road, approximately 700 feet southwest of the Old Māmalahoa Highway and Akaka Falls Road intersection, Honomū, South Hilo, Hawai‘i, TMKs: 2-8-13: 63 & 64. The Commission took this item up at 9:39 a.m. with six people from the public in attendance. Mr. Darrow oriented the Commission and public of the subject and surrounding properties on the location map and site plan, summarized the request, and noted the Planning Director recommended a favorable recommendation be forwarded to the County Council, with conditions. He added the Dept. of Public Works, Building Division, in its September 15, 2011 letter stated that there is an active permit for the construction of a single family dwelling on the property; and the Department of Health submitted a September 15, 2011 correspondence into the record. In response to the Chair’s inquiry, Mr. Darrow said typically the Planning Department does not add conditions to a State land Use Boundary Amendment, and because this property currently is already zoned RS-7.5 the Planning Department did not feel it was necessary to overburden the applicant with additional conditions. He added the County Council may or the Commission may add conditions if it feels it needs to; but concerns for water, solid waste, etc. are typically dealt with in the subdivision process. The applicant, Peter Christopher, stated he has read and is in agreement with the recommendation. There was no one from the public wishing to testify on the application. In response to Commissioner Au’s inquiry, Mr. Christopher said although he did not go out to verbally solicit comments from his neighbors, he did post a sign up on the property as required by the Commission’s rule. He added he also did mail notice of the application twice to his surrounding neighbors, noting only three people responded and they were for the application after giving an explanation. 4 It was moved by Commissioner Au and seconded by Commissioner Moses to send a favorable recommendation to the County Council as recommended by the Planning Director. Upon Commissioner Au’s inquiry, Commissioner Ishibashi said he was raised for many years on his grandmother’s property below the subject property and he was not aware of any major objections from any of the neighbors on this application, noting he would be supporting the application. A roll call vote was taken and motion carried with five ayes (Au, Moses, Ishibashi, Ono and Kern) and one absent and excused (Domingo). RECESSED – The Chair recessed the meeting at this time, 9:50 a.m. RECONVENED – The Chair reconvened the meeting at 10:05 a.m. NEW BUSINESS – 10:00 a.m. APPLICANTS: MARC AND DESIREE BUTZ (REZ 11-141) Application for a Change of Zone from an Agricultural 3-acre (A-3a) to a Family Agricultural 1- acre (FA-1a) zoning district for approximately 4.747 acres of land. The property is located along the southwest (mauka) side of ‘Ākala Road, approximately 70 feet from the ‘Ākala Road – Kaūmana Drive intersection and in the vicinity of Kaūmana Cave, Ponahawai, South Hilo, Hawai‘i, TMK: 2-5-40:19. The Commission took this item up at 10:05 a.m. with seven people from the public in attendance. (SEE EXHIBIT A) PLANNING DIRECTOR INITIATED Amendments to Planning Commission Rule No. 9 regarding the Special Management Area (SMA) to comply with various amendments to Chapter 205A, Hawai‘i Revised Statutes regarding Special Management Area through the adoption of Act 153, as well as various housekeeping amendments to correct inconsistencies and provide proper section references. The Commission took this item up at 10:22 a.m. with nine people from the public in attendance. Mr. Arai stated the Planning Director is requesting this particular item be deferred to a future hearing date to reevaluate the scope of amendments that are necessary under Act 153 and, also, to outline the amendments in greater detail in the required public notice. There was no one wishing to testify on this agenda item. It was moved by Commissioner Moses and seconded by Commissioner Ishibashi that this matter be deferred as requested by the Planning Director. A roll call vote was taken and motion carried with five ayes (Moses, Ishibashi, Au, Ono, and Kern) and one absent and excused (Domingo). RECESSED - The Chair recessed the meeting at 10:23 a.m. 5 RECONVENED - The Chair reconvened the meeting at 10:32 a.m. OLD BUSINESS – 10:30 a.m. APPLICANT: VERIZON WIRELESS (USE 11-028) Contested case hearing on the application for a Use Permit to construct a 154-foot tall steel telecommunication monopole with 8-foot tall panel antennas and related facilities on an approximate 750 square-foot portion of a 1-acre parcel situated in the State Land Use Agricultural district and the County’s Agricultural 1-acre (A-1a) zoned district. The property is located at 13-3474 Kupono Street, which is on the west side of Kupono Street, approximately 400 feet north of the intersection of Kupono Street and Leilani Avenue in Leilani Estates Subdivision, Keahialaka, Puna, Hawai`i, TMK: 1-3-36:Portion of 41. The Commission took this item up at 10:32 a.m. with nine people from the public in attendance. (SEE EXHIBIT B) RECESSED - The Chair recessed the meeting at 12:37 p.m. RECONVENED – The Chair reconvened the meeting at 12:41 p.m. MINUTES – The Commission took up the following minutes at this time, 12:41 p.m. August 4, 2011 - It was moved by Commissioner Au and seconded by Commissioner Ishibashi that the August minutes be approved. Motion was unanimously carried by a voice vote of all Commissioners in attendance. ADMINISTRATIVE – The Commission took up the following under Administrative Matters: MATTERS Hilo Medical Center (REZ 11-139) - Staff noted this matter will be placed on the next Windward Planning Commission agenda. ANNOUNCEMENTS – Staff made the following announcement: Next Meeting –Staff announced the next meeting is scheduled for November 3, 2011 in the Aupuni Center Conference Room. ADJOURNMENT - There being no further business, the Chair declared the meeting adjourned at 12:43 p.m. A T T E S T: Respectfully submitted, Zendo Kern, Chairman Sharon M. Nomura, Secretary Windward Planning Commission 6