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HomeMy WebLinkAbout2012-08-02 Windward Planning Commission Minutes WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES AUGUST 2, 2012 The Windward Planning Commission met in regular session at 9:00 a.m. in the Hilo State Office Building, Conference Rooms A, B & C, 75 Aupuni Street, Hilo, Hawai‘i, with Chairman Zendo Kern presiding. COMMISSIONERS PRESENT: Zendo Kern, Dean Au, Ronald Gonzales, Wallace Ishibashi Raylene Moses and Stephen Ono STAFF PRESENT: Ivan Torigoe (Deputy Corporation Counsel), B. J. Leithead Todd (Planning Director), Daryn Arai (Planning Program Manager), Phyllis Fujimoto (Staff Planner), Maija Cottle (Staff Planner), Jeff Darrow (Staff Planner), and Sharon Nomura (Secretary) 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. STATEMENTS FROM THE PUBLIC –No statements from the public were taken at this time. NEW BUSINESS – 9:00 a.m. APPLICANT: POLOKE FARMS, LLC (Amend SPP 09-95) Amendment to Condition No. 2 (secure Final Plan approval) of Special Permit No. 09-95 that allowed a country market and occasional special events for non-profit agencies within an existing covered equestrian arena on approximately 2.5 acres of land. The property is located along the north (makai) side of Highway 19 and east of the Waimea Country Club golf course near the 51-mile marker, Waikoekoe, Hāmākua, Hawai‘i, TMK: 4-7-007: 040. The Commission took this item up at 9:03 a.m. with nine people from the public in attendance. (SEE EXHIBIT A) APPLICANTS: GEORGE AND SHALEEN CURLEE (Amend SPP 1139) Amendment to Condition No. 2 (life of permit) of Special Permit No. 1139, which allowed the establishment of an auto repair shop and towing service operation on 4,421 square feet of land situated in the State Land Use Agricultural District. The applicant is requesting a 10-year time extension to the life of the permit or to delete Condition No. 2. The property is located on the th makai side of 19 Avenue just south of the intersection with Paradise Drive, Hawaiian Paradise , Park Subdivision, Kea‘au, Puna, Hawai‘i TMK: 1-5-041:190. The Commission took this item up at 9:42 a.m. with nine people from the public in attendance. Ms. Cottle oriented the Commission and public of the subject and surrounding properties on the presentation map and site plan, summarized the request, and noted the Planning Director recommended approval of the 10-year time extension request, with conditions. She added the Director did not support the request to delete the condition because of the possibility that industrial zoned lands may become available in the future for the applicant to relocate his business. The applicants, George and Shaleen Curlee, were in attendance. In response to Commissioner Ono’s inquiry Ms. Cottle noted that the Puna CDP and General Plan designates certain areas for a regional village center development that would allow commercial as well as light industrial uses. She said the original subdivider owns one of the lots and has no plans to develop the property any time soon; and the other is owned by the Paradise Park Hui who may possibly have plans to develop in the future. Director Leithead Todd noted that the village center on the map actually encompasses many more acres than the two 20-acre parcels. Mr. Curlee stated he has received the Planning Department’s background report and recommendation. He said he was an asset to the community and just wanted to continue his existing operation. In response to Commissioner Ono’s inquiry, Mr. Curlee said when he constructed the building he did not think about relocating since there was no place available in the area to conduct his business and he does not have the required financing. In response to the Chair’s inquiry, Mr. Curlee said he would like either a 10-year time extension or a deletion of the condition, noting the 10-year time extension is sufficient for his current overall plans. Upon Commissioner Ishibashi’s inquiries, Mr. Curlee said he has many clients and is well liked in the community. Shaleen Curlee added that they serve the needs of the communities of Hawaiian Paradise Park, Ainaloa, Orchidland and Mt. View. 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 a 10-year time extension to Condition No. 2 (life of permit) of Special Permit No. 1139 be approved as recommended by the Planning Director with conditions. Commissioner Au thanked the applicant for providing a much needed service in the community. In response to the Chair’s inquiry, Mr. Curlee said he is hoping his son, who currently works for him, would eventually take over the business. Mr. Kern said he found this to be a challenging decision. He noted at times no time limits are imposed for special permits, there will be a real property tax increase for the County from this facility, people who wish to purchase property in the area should be well aware of the business as 2 the facility has existed for many years, and the applicant has invested a substantial amount of money in the business. Commissioner Ono noted the land is zoned for agriculture and the Planning Director has indicated the Paradise Park Hui has plans to develop their property for light industrial uses in the future. He said while he sympathizes with the Curlees, he agreed with the Planning Director. He said people who purchased or will purchase property in the area want to have a residential/rural atmosphere and not a business that would impact upon the surrounding residents, such as the noise to be generated. A roll call vote was taken on the motion to approve a 10-year time extension and motion carried with six ayes (Au, Ishibashi, Gonzales, Moses, Ono and Kern). RECESSED – The Chair recessed the meeting at 9:57 a.m. RECONVENED – The Chair reconvened the meeting at 10:07 a.m. APPLICANT: REGENCY SOUTH, INC. (USE 12-34) Use Permit to allow the establishment of a 100-bed skilled nursing and rehabilitation center and related uses on 17.61 acres of land situated within the Single-Family Residential (RS-15 and RS- 10) district. The property is located on the east (makai) side of Kaūmana Drive between ‘Aipuni Street and Luana Way, Ponahawai, South Hilo, Hawai‘i, TMK’s: 2-5-006:012, 2-5-007:001, 008, 046 and 047. The Commission took this item up at 10:07 a.m. with six people from the public in attendance. (SEE EXHIBIT B) NEW BUSINESS – 9:30 a.m. APPLICANT: KURT MACCARLEY (USE 12-35) Use Permit to allow the establishment of a four-bedroom bed and breakfast operation within an existing 5-bedroom dwelling situated on approximately 4.9 acres of land within the County’s Single Family Residential (RS-20) zoned district. The property is located within the Ola‘a Summer Lots Subdivision on Old Volcano Road adjacent to and west of the Volcano Post Office at Volcano, Puna, Hawai‘i, TMK: 1-9-005: 005. The Commission took this item up at 11:12 a.m. with three 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 to legitimize an existing operation, and noted the Planning Director recommended approval of the application with conditions. He added the Commission may want to have the applicant clarify the distance of the existing single-family dwelling to the rear property line, noting the RS-10 zoning designation requires a 25-foot setback. 3 In response to Commissioner Ono’s inquiry, Mr. Arai noted that the Real Property Tax Division is assessing the transient accommodation nature of the B&B. Ms. Leithead Todd noted that the rate for a transient accommodation is $9.95 per 1,000 versus $5.55 per 1,000 for Residential use, clarifying that once you start operating as a B&B it no longer qualifies for a homeowner’s exemption, particularly since the homeowner does not reside on the property. She added that the B&B Ordinance requires either the owner of the property or an operator live on the premises. For Commissioner Au’s information, Ms. Leithead Todd said that the Planning Department follows up on complaints only if the complainant identifies himself or herself, but the name is kept confidential since it would have a chilling effect on people willing to report neighbors or friends. The applicant, Kurt MacCarley, stated he did receive the Planning Department’s background report and recommendation and that he resides in the house. He clarified he travels back and forth to Los Angeles to care for elderly parents, and his intention is to reside more on a permanent basis on the subject property. In response to Commissioner Au’s inquiry, Mr. MacCarley said he believed the rear setback from the residence to the property line was 32 or 33 feet. In response to Commissioner Ono’s inquiry, Mr. MacCarley said he had been operating for a couple of months on a casual basis without being aware he needed a use permit, noting he wishes to fulfill his required obligations. There was no one from the public wishing to testify on the application. It was moved by Commissioner Au and seconded by Commissioner Moses that the application be approved based on the recommendation of the Planning Director with conditions. A roll call vote was taken and motion carried with six aye votes (Au, Moses, Gonzales, Ishibashi, Ono and Kern) APPLICANT: C.L. CARLILE ENTERPRISES, L.P (Amend SPP 09-93) Amendment to Special Permit No. 09-093 to modify Condition No. 5 (hours of operation) and Condition No. 9 (weddings, concerts, conventions and other special events prohibited). The property is located along the south side of Umauma Gulch, and Old Māmalahoa Highway, Wailua Government Tract, North Hilo, Hawai‘i, TMK: 3-1-001: portion of 022. The Commission took this item up at 11:27 a.m. with two people from the public in attendance. Mr. Darrow said in light of the State Department of Transportation’s July 17, 2012 letter, the Planning Department is requesting a continuance of the hearing until the applicant submits a traffic impact analysis report (TIAR) and the Planning Department obtains a response with regard to the improvements that the DOT will require based on that study. Mr. Darrow noted that the World Botanical Gardens located in the general area received a special permit and was required to also submit a report to State Department of Transportation because of the increased traffic in the area, noting the Planning Department is awaiting a 4 response from the DOT. He said the Planning Department is attempting to have the World Botanical Gardens and the subject applicant work together on any improvements the State Department of Transportation may require for the area as it would be beneficial to both parties in light of the way the economy is at this point. In response to Commissioner Ono’s inquiry regarding the World Botanical Gardens special permit, Mr. Darrow said a special permit application submitted in 2004 was approved in 2005 and the comment from the Department of Public Works regarding the TIAR was that they will defer to the State Department of Transportation since it is a State Highway. Mr. Darrow added that they have sent a copy of the TIAR to the State Department of Transportation as they claim not to have receive the TIAR. There was no one from the public signed up to testify on the application. It was moved by Commissioner Au and seconded by Commissioner Gonzales to continue until the traffic analysis report is completed. A voice was taken and motion was unanimously carried by a voice vote of all Commissioners in attendance. APPLICANT: VERIZON WIRELESS (USE 12-33) Use Permit to construct a 124-foot tall steel telecommunication monopole with 8-foot tall panel antennas and related facilities on an approximate 750 square-foot portion of a 5.371-acre parcel situated in the State Land Use Agricultural district and the County’s Agricultural 10-acre (A- 10a) zoned district. The property is located at 14-4970 Kaimu-Kapoho Road, which is on the west side of Kaimu-Kapoho Road, approximately 600 feet south of its intersection with Moani Road in Kapoho, Puna, Hawai`i, TMK: 1-4-091: Portion of 004. The Commission took this item up at 11:33 a.m. with two people from the public in attendance. Mr. Darrow oriented the Commission and public of the subject and surrounding properties on the presentation map, summarized the request, and noted the Planning Director recommended approval of the application with conditions. The applicant’s representative, Steven Sung, stated he did receive the Planning Department’s background report and recommendation and felt the report was good. Commissioner Ono questioned why the applicant is coming in on a piece-meal basis as the Commission had approved such a facility last year in the Puna district for the applicant. Mr. Sung said as a particular site can handle only so many calls they would need to build more facilities when they have more of a customer base and start receiving customer complaints of not getting good coverage because of the growth in population. In response to the Chair’s inquiry regarding the tower at Green Mountain, Mr. Sung said the tower there is a skinny 40-foot lattice tower less than a foot in diameter that has wires holding it in place, noting a 100-foot tower at this site would not be needed. He said the concern of the structural engineers of replacing the tower at Green Mountain is that the ground or foundation may not hold the tower, which was a safety issue. He added that there is an existing underground conduit that goes up the mountain built in the sixties for GTE, but HELCO has said 5 they could not use it as it was not built to their specifications and a new conduit would cost between $1 million to $2 million. He said they then proposed an overhead line which would cost close to $500,000 but the owner said it would kill the view. The applicant then explained the failed negotiation efforts of the landowner accommodating the Green Mountain tower. Mr. Sung noted that it took only 1 1/2 years to obtain the subject site as the people in Leilani Estates wanted the tower built in the area. He said the steel monopole will hold the weight for the antennas that are mounted on top, and also the co-ax cable that runs inside the monopole. He added that the subject site would also service customers along the Kaimu-Kalapana Road. Commissioner Au commented that towers built now are aesthetically pleasing compared to the ones previously built. For the Commission’s information, Mr. Sung said they would have to go 30 to 40 feet underground to secure the tower. He added that because he appreciated the view of the ocean, and as requested by the landowner, he looked into locating the tower away from the ocean and having it installed on the side of the Mountain where there are tall trees that would block the view of the tower. In response to Commissioner Ono’s inquiries, Mr. Sung said there is a network in place and as the population grows there would be a need for more capacity. He noted the tower will be built for co-location and would be able to service three other carriers. For the Chair’s information, Mr. Sung said the tower will cover two sections of residents and out to the ocean so that boats will also be able to get the service, noting because of the height of the tower they will be able to service more people. He said the proposed tower will cover some areas between Pohoiki and Kalapana, but he was not sure how good the handoff was in that area as the further a signal goes the less strong it is. Mr. Darrow noted that the applicant submitted a propagation map that shows the projected coverage, which appears to reach the Pohoiki area. There was no one from the public wishing to testify on the application. It was moved by Commissioner Moses and seconded by Commissioner Ono that the application be approved based on the Planning Director’s recommendation and proposed conditions. A roll call vote was taken and motions carried with six ayes (Moses, Ono, Au, Gonzales, Ishibashi, and Kern). INITIATOR: COUNTY COUNCIL Bill No. 250 amending Chapter 25, Article 7, Division 2 of the Hawai‘i County Code 1983 (2005 Edition, as amended), to increase residential density, including parking requirements, within CDH, Downtown Hilo Commercial District. The Commission took this item up at 11:55 a.m. with two people from the public in attendance. (SEE EXHIBIT C) 6 MINUTES – At 12:06 p.m., the Commission took up the following minutes: Approval of Minutes of the May 2, 2012 and June 7, 2012 meetings – It was moved by Commissioner Ishibashi and seconded by Commissioner Au that the minutes be approved as circulated. Motion was unanimously carried by a voice vote of all Commissioners in attendance. ADMINISTRATIVE MATTERS – At 12:07 p.m., the Commission took up the following: 1.Status of applications heard by Windward Planning Commission that are pending before County Council - Mr. Arai reported on the following matters before the Council: Graphic Images Hawai‘i, Inc. - Time extension approved and roadway condition remains the same. Joseph Okuna - Application approved. Boyd F. Castro, D.V.M. - Application approved. Sonomura Rentals - Unfavorable recommendation to the Council. Dony Souza/& Melissa Mulliken - Favorable recommendation to Council Ag Tourism Bill - Up for first reading yesterday and outcome is not known at this time. Geothermal - Vote overridden. ANNOUNCEMENTS – Staff noted the September meeting may be cancelled and he will inform the Commission when it is confirmed. He added that the HCPO Conference is scheduled for September 12-14, 2012 and the determination of who will be attending will be made shortly. ADJOURNMENT -There being no further business the Chair declared the meeting adjourned at 12:13 p.m. Respectfully submitted, Sharon M. Nomura, Secretary A T T E S T: Zendo Kern, Chairman Windward Planning Commiss ion 7