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HomeMy WebLinkAbout2013-05-16 Leeward Exh A - Cox and Corbitt LEEWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT MAY 16, 2013 DAVID COX AND MICHAEL CORBITT A regularly advertised hearing on the application of (SPP 13-148) was called to order at 9:41 a.m. in the West Hawai‘i Civic Center, Community Center, Building G, 74-5044 Ane Keohokālole Highway, Kailua-Kona, Hawai‘i, with Chair Geraldine Giffin presiding. COMMISSIONERS PRESENT: Geraldine Giffin, Brandi Beaudet, Thomas Hickcox, Wayne Iokepa and Thomas Whittemore ABSENT AND EXCUSED: Richard Nelson, III ALSO PRESENT: BJ Leithead Todd (Planning Director), Daryn Arai (Planning Program Manager), Phyllis Fujimoto (Planner), Jeff Darrow (Planner), Maija Cottle (Planner), Terry Dunlap (Planner) and Noriko Sauer (Commission Secretary) And approximately 14 people from the public in attendance. APPLICANTS: DAVID COX AND MICHAEL CORBITT (SPP 13-148) Application for a Special Permit to allow the establishment of a four (4) unit bed and breakfast operation within an existing 6-bedroom single family residence, situated on approximately 8.49 acres of land within the State Land Use Agricultural District. The property is located along Telephone Exchange Road, approximately 1,200 feet mauka (east) of its intersection with the Hawaii Belt Road in Hōnaunau, South Kona, Tax Map Key: 8-4-005:033. GIFFIN: Agenda Item No. 1, the applicants are David Cox and Michael Corbitt. They have submitted an application for a special permit to allow a four-bedroom unit bed and breakfast operation within an existing six-bedroom single family residence, situated on approximately 8.49 acres of land within the State Land Use Agricultural District. The property is located along Telephone Exchange Road, approximately 1,200 feet mauka of its intersection with the Hawai‘i Belt Road in Hōnaunau, South Kona. And as I said earlier, they are requesting a special permit to allow a four-bedroom unit bed and breakfast operation within an existing six-bedroom single family residential complex. Terry? DUNLAP: Good morning. I hope everybody can see the screen; it’s a little bright. But, anyway, so the Kane Plantation, this is a special permit application, as was mentioned, for a new bed and breakfast. The map shows the roadway coming up from the City of Refuge, and the site – let’s see, it’s a little dim – but the site is right here, and this winding road that you see here is Telephone Exchange Road that actually passes through the subject property. This aerial view shows the site, and again this is Telephone Exchange Road passing through the property, and this is the residence itself that will be requested to be put in to a bed and breakfast. The applicants are requesting a special permit to allow the establishment of a four-bedroom bed and breakfast operation, and they are going to name this the Kane Plantation in honor of the late artist and historian, Herb Kane. It will have four guestrooms, or units, and will accommodate a 1 EXHIBIT A maximum of eight guests within the entire single family dwelling and the adjoining structures, and these structures are attached by a covered walkway. The existing single family dwelling has a total of six bedrooms and six bathrooms. The master bedroom and bathroom will be maintained by the owners and used by them, and that’s on the upper level of the main dwelling, or Building A – we have a site plan coming up. Guests will occupy one bedroom on the lower level of the main dwelling. And the lower level of the existing residence will also be offered, they are going to offer massage therapy but only to the guests; this is not a facility that’s, or services being offered to the general public. Building B will accommodate one guest bedroom and bath; it’s located adjacent to the main residence. And Building C will, as a two-story attachment that will have one guest bedroom suite upstairs and one downstairs. The bed and breakfast establishment will be operated secondary to the established, I’m sorry, to the existing residence and the orchard operation. The revenues from the bed and breakfast operation will be applied to support and develop this operation. They have, the orchard consists of about 150 of the avocado trees; they produce, I believe it was 15,000 pounds of avocados in the 2011 to 2012 season. And they also have about 65 macadamia nut trees on the property. They have installed this memorial plaque memorializing that this was the residence of Herb Kane, and everyone can read here, it’s a very nice plaque, I believe it’s in bronze, located along the entranceway to the property. This is a site plan – let’s go here, if I can get the, there it is. This main building right here is where the owners will have their, their room will be on the upper level with a guest room below. This unit here is a one-story attached that has a bedroom on the lower, on the first floor on the one-story structure. And this is a two-story addition here that has a bedroom upstairs and down. There’s covered parking here and entry circle, and there is room to park the additional cars around here. And Telephone Exchange Road passes through right up in this area. This is a photograph showing the entranceway to Telephone Exchange Road, and as you can see, it’s rather a remote rural setting, basically an asphalt passageway about 15 feet wide that continues up. There is a large banyan tree here at the entranceway. And this is the entrance to the new, the proposed bed and breakfast. This view is looking at the, this is the main two-story residence, and this is the two-story guest to the side, and the one-story area is behind this over in this area here. This is the one-story area that has a single bedroom and bathroom. We’ve included a series of photographs of these individual suites just so that everyone can get a little bit of an idea of the spaciousness and the beauty of the spaces that are going to be offered. This is the outside dining area on the lanai where they will serve no-hot meals; this is strictly going to be a European or Continental style breakfast included. And then there are a series of recommendations that have been included in your reports, and the Planning Director is recommending approval with the conditions. Are there any questions of staff? GIFFIN: Commissioners, any questions of staff? Seeing none, Terry, I do. And tell me if this is something you would prefer that I ask the applicant, because I’m happy to do that, too. Is there going to be any discussion about the Department of Water Supply and their concerns as expressed on Page 4 of the background report? DUNLAP: Well, the Planning Department has pointed out that in the report from the Water Department there seems to be a larger usage than it’s currently permitted. They are requesting that a backflow preventer valve be installed, as required, which the applicants have indicated they are willing to do. And I believe there is also two water catchment tanks that they’ve been utilizing for irrigation. According to the Water Department, they’ve apparently been utilizing some extra water 2 EXHIBIT A for irrigation, and the Water Department will be working with them. And I believe the applicants will need to verify with you that it’s their intent to comply. GIFFIN: Okay. Hang on. In their application to the Department on Page 12 under Floral and Faunal Resources, they state that “No rare or endangered species of flora or fauna are evident on the property, and none are known to long-time residents in the area.” Did they say anything about why there was no study done? I know that in our background report on Page 4 it was stated that there was no study. Would you prefer that I ask the applicant that? ARAI: Yes, I think maybe that question can be referred to the applicants. But I think it’s due to the improved nature of the property and the fact that, you know, residential and agricultural uses already occur on the property, they just made those assumptions rather than having to hire a specialist in order to make a formal determination. And we were satisfied with the representation. But if you do require further information, you could defer to the applicants. GIFFIN: Thank you. I think right now that is all that I have to ask you, Terry. So since, Commissioners, no change of heart, no questions? Okay, let’s go ahead. I’d like to call the applicants forward, please. CORBITT: Good morning. GIFFIN: Good morning. Will you please raise your right hands? Thank you. Do you swear or affirm to tell the truth on this matter now before the Leeward Hawai‘i County Planning Commission? APPLICANTS: I do. GIFFIN: Thank you. Will you please state your name. CORBITT: My name is Michael Corbitt. COX: And David Cox. GIFFIN: Thank you very much. Is there anything else you would like to add for testimony on this agenda item? CORBITT: Chair, Commissioners, just responding to the issue of the water usage, the Department of Water Supply did in fact pick up that there was a couple of months where we had exceeded the 400 gallons allowance. That was during drought and the Water Department wasn’t aware that we were using the water for irrigation of the orchard during the drought. Per the most recent figures for the past twelve months and, our average daily usage has been 168 gallons. COX: So in the last year, so spread of the year the two months that was, they had a spike, was January and February in the middle of the dry season when we were doing quite heavy irrigation of the orchard. So that accounted for that anomaly. And we had taken measures to change the way we do orchard irrigation to mitigate that. GIFFIN: Commissioners, any questions of the applicants? Director. 3 EXHIBIT A LEITHEAD TODD: On I guess it was Page 7 of your original submittal, you indicated that the orchard on the property is with Sharwil, Sharwil avocados and then you, you sell those locally? COX: Yes, Director, yes, the primary crop is Sharwil avocados. We have some different varieties, Yamagata, Beshore. But we sell all of our avocados, 99 percent of our avocados go to a wholesaler, Pat’s Hawaiian Avocados, that then supply Costco and Safeway on all of the adjoining islands, who sell sporadically. And we do have a small account with the Coffee Shack locally; we supply them on a weekly basis with local avocados. LEITHEAD TODD: It’s my understanding that you are probably required by your lease with Bishop Estate to continue agricultural production on the property. COX: Absolutely, yeah, that is requirement from Kamehameha Schools. LEITHEAD TODD: I was interested in getting a little bit more information on the work you are doing with the work on the gully; you said that you are in a program with the U.S. Department of Agriculture to rehabilitate the area into a native forest. Where are you on that? COX: So there are two, two parts to the program that we have with the NRCS, National Resource Conservation Service, part of the USDA. One is the mulching program of our orchard trees, which has begun. And then the other part is to eradicate all of the invasive species that run through a narrow strip that basically divides the property in two where there were some collapsed lava tubes. And Herb had never cleared that area because it was too dangerous for large machinery, so there’s Christmas Berry and African Tulip and a lot of rubbish growing through there. So when we talked to them, we said that, you know, we’d like to work with them to hand-clear out the Christmas Berry and African Tulip, and replant that area with native species so we can attract more, you know, bird life and beautify the area. And the spin-off from that is to be able to educate our guests on native species and fauna that we have on the property. So that part of the reforestation of the native species is due to start next year, I believe. Is that right, next year? CORBITT: Year three (inaudible). COX: Year after next, yes, so the first two years is mulching, and then we start the clearing of the forest, mulching of the Christmas Berry and African Tulip, and replanting. So I think the program goes for five years and then the 10-year management after that. GIFFIN: Thank you. Commissioners, any other questions of the applicants? Okay. May I please ask you to step back, because there are three people who have signed up to testify on this agenda item. And they are Terry Wallace, will you please come forward, Jerry Benson, please come forward as well, and Ed Vasquez. Please all three of you come forward, please. Thank you. Will you please, all three of you, raise your right hands. Do you swear or affirm to tell the truth on this matter now before the Leeward Hawai‘i County Planning Commission? TESTIFIERS: I do. GIFFIN: Starting with you, sir, your name? VASQUEZ: My name is Ed Vasquez, and I’m here to donate a bust relief that I made for Herb Kane. The original was accepted by his wife, and this is, she has the artist proof, and I have the first 4 EXHIBIT A original. And Herb Kane was my friend. We had lunch together. And while I was doing this sculpture of him, I brought him the mold, and he acknowledged it and he put his initials on the mold, so on this plaque -. And I’d like to donate it so it has a proper home where it belongs. GIFFIN: Mr. Vasquez, do I understand you correctly that you are donating this plaque to the applicants? VASQUEZ: Yes. GIFFIN: Okay. Thank you very much. And sirs, I’m sure you are appreciative, too. Is there anything else you wanted to testify, too? VASQUEZ: Well, I donate my work. The last donation I made was to the Mayor’s Office, and the coat of arms that’s hanging there on the office, that was done by me. So I just love this island and the people. GIFFIN: Thank you very much. Sir, in the blue shirt, your name, please. WALLACE: I am Terry Wallace. GIFFIN: Could you please speak into the microphone. WALLACE: I’m Terry Wallace. GIFFIN: All right. You may begin your testimony. WALLACE: Okay. I was born and raised in Honolulu, maoli, and if you don’t recognize my name, I was the first president of the Hawai‘i County Fire Commission about ten years ago, I guess, when we started. And also Herb and a lot of us brought over the Endeavor sailing ship, and which is what this shirt is. This was one of my gifts from Herb when he died. He also gave me Kamaka ‘ukulele. So we were very close for a lot of years. Herb and I knew each other. We were friends in the real term of friends, not jut buddy pals, but friends; we could talk to each other just about anything. So we knew each other really well. Herb had this farm, and unfortunately, as he got older and older, the farm sort of went downhill for a long time. And I want to say that from what I’ve seen so far, these gentlemen here have improved this farm so that it is now a working farm again, as Herb would have intended, or as he intended back when he first moved there. I think that they have honored Herb, as you can see, by what they have done in the photos; they’ve honored him in many ways. And they have seen to it that Herb’s mana is still there. So I feel very strongly that Herb would approve of what they have done. Thank you. GIFFIN: Thank you. Commissioners, any questions of Terry Wallace. Seeing none, sir? BENSON: I’m Jerry Benson, and like my friend here, I’ve known Herb for, ever since he came to this island, and before when I used to work on Hōkūle‘a. I spent many hours in his home. And since these gentlemen took over the property, all I can say is they are doing a first-rate job of improvement, very artistic, and what they’ve done with his home. And I think it’s a real tribute to Herb, and I think Herb would definitely feel the same. Yeah, I just think they are just doing a great job. 5 EXHIBIT A GIFFIN: Thank you. Commissioners? All right. Thank you. You may step back. Will the applicants please come forward again. Commissioners, if you take a look at Page 6 of the recommendation that was prepared for us by the planners, Pages 6 and 7 are the conditions of what the Director has proposed. And, let’s see, Daryn or, yeah, Daryn, I have -. Commissioners, any questions of the recommendation and/or the conditions? As stated earlier, the Director has recommended approval with conditions. And it is those conditions that I refer everyone to, especially on Page 7. Daryn, Condition No. 4, “Prior to commencing the bed and breakfast operation, the applicants shall secure all required building permits and complete all required improvements necessary to accommodate the 4-unit bed and breakfast operation within the single family dwelling complex.” Are there some outstanding permits that have not been completed? ARAI: We do note that the Real Property Tax Division records show quite a number of building permits for not only the construction of the home in the mid-1980’s, if I remember correctly, as well as the addition and for the implements thereon. But we do note that, as you can see from some of the photographs, there have maybe been some improvements I’m not, we are not too sure, we can’t validate it at this time. There was also in the background report, if you read through it carefully, there was reference to two single family dwellings on the property. The applicants, you know, there was some questions about that, the applicants provided an updated site plan, which showed that it is actually one single family dwelling, which is the main complex, and the other one is like an agricultural building. So we just want to make sure that any uses established on the property, that proper permits are taken out to legitimize it, and that is why you see the condition there. That is basically to provide assurance that operationally the B&B will be conducted with the proper governmental approvals. GIFFIN: Okay. And then your condition, or, I’m sorry, the Director’s Condition No. 5, would that also include the Department of Health’s concern regarding cesspools? ARAI: That is correct. And if I’m not mistaken, Condition No. 2 also speaks directly to the proper wastewater disposal system, because the Department of Health has informed us, I think it was five bedrooms per cesspool, and they are proposing, they have six, so that actually already exceeds, so they are going to have to upgrade their wastewater system to a septic type of system, and they’ve indicated their desire to do that. GIFFIN: Applicants, so you are obviously very aware of all of the conditions that the Director is proposing. And judging by what you have said earlier, and the wonderful endorsement from the community, is there anything else you would like to add? COX: Chairman, just to address the couple of those points, we -. GIFFIN: Could you please state your name? COX: David Cox, sorry. So we have engaged a plumber to take care of the backflow preventer, and hopefully, that should be installed by next week. He was taking out the permits this week to do that undertaking. Yesterday we met with an engineer for the septic tank installation, so that has begun, and hopefully, within two to three weeks, that should be taken care of. So those two big items are we think under control. We don’t believe that we need any other permits. We haven’t done any renovations or such to the rooms other than redecorating, things like we took the carpets out of one of the, or two of the suites and put hardwood floor, we retiled the bathrooms, new fittings, some more fittings, things like that; so no major work needed to be done other than 6 EXHIBIT A redecorating type of work. So I didn’t think that there are any outstanding permits or any requirements for other building permits that will be needed for the guest suites. GIFFIN: Thank you. I personally was concerned about the drinking water, and I was assured by staff that you are already hooked up to the County system, right? And is that the source of the drinking water that you will be providing your guest? COX: Yes, we do have a connection to the County, as, and that supplements our two catchment tanks. So let me just run through how we handle the water. So we have a triple filtration system and the UV sterilization system that all of the water runs through. Additionally, every year we do water testing, which is a requirement of On-Farm Food Safety Program, because we are certified On-Farm Safety, On-Farm Food Safety. And so we have to give the test both the city water and our catchment water annually; interestingly, the catchment water came out cleaner than the city water on our last test. But in addition to all of those protections that we put in place, we also provide bottled drinking water, is our intention to provide bottled drinking water, complementary for all the guests. And then we have an additional final filtration process that we use for boiling water for coffee and things like that. So we have quite rigorous filtration system down to one micron for the final filter plus the UV filtration system, which kills any bacteria or any other pathogens that may be in the water. So, yeah, we do take very, very seriously the cleanliness and safety of our water. GIFFIN: Yes, yes. Thank you. Once again, Commissioners, any questions of the applicants? All right. Do I hear a motion? Boy, this is when I miss Lani. BEAUDET: I’ll make a motion. GIFFIN: Commissioner Beaudet. BEAUDET: I would like to move for Special Permit Application No. 13-000148 be approved, along with the conditions as stated. GIFFIN: Do I hear a second? HICKCOX: Second. GIFFIN: It’s been moved by Commissioner Beaudet and seconded by Commissioner Hickcox that the special permit application, No. 13-000148, be approved, along with the conditions as recommended by the Director. Any discussion? Hearing none, Daryn? ARAI: Thank you. Commissioner Beaudet? BEAUDET: Aye. ARAI: Commissioner Hickcox? HICKCOX: Aye. ARAI: Commissioner Iokepa? IOKEPA: Aye. 7 EXHIBIT A ARAI: Commissioner Whittemore? WHITTEMORE: Aye. ARAI: Madam Chairwoman? GIFFIN: Aye. ARAI: Madam Chairwoman, motion carries with five aye votes. GIFFIN: Thank you. And thank you for coming before us this morning. CORBITT: Thank you, Chairman, Commissioners, could I just say that we’ve never been to places like this before, but we would never have got this far without the support of the Planning Department; Daryn and Terry and the others in the Department have been very, very good to work with. And we thank you very much for supporting our proposal. GIFFIN: You’re very welcome. And thank you for acknowledging our staff. COX: Coming from Washington D.C., working with Hawai‘i is wonderful. Thank you. LEITHEAD TODD: I’d like to comment that I’m very appreciative of the fact that you are an actual working farm, that you are taking steps to clear out invasive species and replant them with native plants, because we see a lot of people who come in and agriculture is a very, very small component. The fact that you are harvesting in 15,000 pounds of avocado a year, that you actually have agreements and distributors, is very refreshing. So I applaud your efforts to upgrade the farm and continue farming on it. CORBITT: Thank you, Director. The discussion ended at 10:10 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 8 EXHIBIT A