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HomeMy WebLinkAbout2014-02-06HEARINGTRANSCRIPT-SOUZASLU13-039 REZ13-171 WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT FEBRUARY 6, 2014 JERRY A. SOUZA A regularly advertised hearing on the applications of (SLU 13-000039/REZ 13-0000171) was called to order at 9:06 a.m. in the County of Hawai‘i, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai‘i with Chairman Wallace A. Ishibashi, Jr. presiding. COMMISSIONERS PRESENT: Wallace A. Ishibashi, Jr., Ronald Gonzales, Charles Heaukulani, Gregory Henkel, Myles Miyasato, and Raylene Moses. ABSENT AND EXCUSED: Stephen Ono. ALSO PRESENT: Bobby Command (Deputy Planning Director), Molly Stebbins (Deputy Corporation Counsel for the Windward Planning Commission, Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner), Maija Cottle (Staff Planner), and Sarah Hata-Finley (Secretary). And approximately 12 people from the public in attendance. APPLICANT: JERRY A. SOUZA (SLU 13-039/REZ 13-171) Applications for a State Land Use Boundary Amendment from Agricultural to Urban District and a Change of Zone from Agricultural-1 acre (A-1a) to a Village Commercial - 20,000 square feet (CV-20) zoning district for one (1) acre of land. The property is located on the east side of Kahakai Boulevard, across from the Woodland Center Shopping Center, Keonepoko, Puna, Hawai‘i, TMK: 1-5-007: 061. ISHIBASHI: Okay, I’d like to start with Item 1 on the agenda which is Jerry Souza. Staff? ARAI: Good morning, Mr. Chairman, good morning, Commissioners. If I could draw your attention to the presentation screen in the back of the room, the first, the first application you have before you today is a request by Jerry Souza for a State Land Use Boundary Amendment from Agriculture to Urban so as well is a Change of Zone from Agricultural – 1a to Village Commercial – 20,000 square feet affecting one acre of land. The subject property is situated within Pāhoa. The property itself is located here outlined in black. You may note this white line running from top to bottom of the screen—that’s the Pāhoa Bypass Road as well as this road, just off to your left, is the Old Pāhoa Village Road that goes straight through the Old Pāhoa Village. The land uses in the area, generally speaking, is agriculture in green color. The residential type of uses are represented by the yellow, the mustards, and the browns, and generally the commercials are indicated by the pinks and the purple. I’ll zoom in later in the presentation to provide you a better look at the subject property and surrounding area. 1 EXHIBIT A This is the County’s General Plan Land Use Pattern Allocation Guide Map. You may indicate, or you may note, the orange color here which represents a medium density urban designation, that is supportive of commercial type of uses as well as Multiple Family Residential uses. Also note the subject property here outlined in black that is situated within the orange colored area. The yellow represents low density urban which is typically single family residential as well as this cross thatched area indicating urban expansion which accommodates a myriad of uses that have not yet been clearly defined by the County. Other colors in the surrounding, this core is agricultural designated lands. This is a map depicting the State Land Use boundaries within the area and its distribution. The green represents agricultural designated lands and the pinks represent urban designated lands. Off here, you see a yellow color, that’s a, one of the few rural designated lands we have within the County. The subject property, again, is located here outlined in black. Zooming in, this is a closer shot of the subject property relative to not only roadways within the area but also depicting the various zoning district that currently apply to the affected area. The subject property once again is outlined in black and encumbering (sic) one acre of land designated agricultural – 1a or one acre minimum lot size. You may note Pāhoa Bypass off to your right, Old Pāhoa Village Road off to your left, and fronting the property is Kahakai Boulevard. Surrounding properties include Woodland Center, which maintains a Neighborhood Commercial zoning. This is Pāhoa Auto Parts, also Neighborhood Commercial zoning. This purple color here is Malama Market Place, and this is a Commercial Industrial Mixed Use zoning district classification, and as you may recall, this was the Kuwahara rezoning where a proposed shopping center was planned and for which a change of zone to a Village Commercial zoning was approved last year. The applicant’s request is to rezone the property to a Village Commercial zoning that is consistent with the type of zoning classification applied to the Kuwahara property. This is an aerial photo. This time the property is outlined in red. You may note an existing home on the property as well as in the back of the property an existing warehouse structure approximately 1,200 square feet in size. The property does front Kahakai Boulevard, and as you may note, this is the location of Woodland Center, Malama Place off to the top left, and this is the Kuwahara property off to your left. The applicant, once again, is requesting a State Land Use Boundary Amendment from Agriculture to Urban district; a Change of Zone from Agricultural – 1 acre, minimum lot size to Village Commercial – 20,000 square feet minimum lot size affecting one acre of land. The reason for the request is to accommodate the renovation of an existing 1,200 square foot warehouse building into a food processing facility for the preparation of commercial smoked sausages, meats, and fish. This is the applicant’s site plan showing the existing improvements on the property. Kahakai Boulevard is off to your left. Excuse me, once again, this is a one acre property, and you may note the total of the boundaries here, outlined in heavier black, as well as the existing improvements consisting of an existing home and an existing warehouse structure that will be renovated to accommodate this food processing facility. And this is the existing driveway leading out to Kahakai Boulevard. This is a site photo showing, looking east along Kahakai 2 EXHIBIT A Boulevard with the subject property off to your right. Note the sign advertising this application, and also note the width of the roadway as well as the paved shoulders fronting the property. This is, along Kahakai Boulevard again, looking west this time, with the subject property off to your left, and Woodland Center off to your right directly across the project site. And we’re looking head on from Kahakai Boulevard at the subject property where the single family residence is located here and the warehouse structure off in the back. And, this is just a view of the remainder of the property that is immaculately landscaped. The Director is offering a favorable recommendation for both the State Land Use Boundary Amendment and Change of Zone requests subject to conditions of approval that will be attached to the Change of Zone, the draft Change of Zone ordinance. I should note though the improvement, the conditions are basically typical of a change of zone to a commercial zoning district that includes improvements to the right-of-way fronting the subject property that would require curb, gutter, sidewalk installation as well as pavement widening, and the dedication of five feet of land to accommodate the widening to the County of Hawai‘i. But we made it specifically clear that those improvements will be deferred for a period of five years given the scope of the applicant’s proposal. So with that, I do not have anything else to offer at this time, and I stand ready to answer any questions that you may have. ISHIBASHI: Okay. Commissioners? Any questions? Any questions of staff? Okay, seeing none. Mr. Souza or his representative come up. Good, raise your right hands, please. Do you swear and confirm to tell the truth before the Windward Planning Commission of this matter? FUKE: I do. SOUZA: I do. ISHIBASHI: Okay, thank you so much. Could you state your name and address for the record? SOUZA: My name is Jerry Souza. My address is 15-1447 Kahakai Boulevard. FUKE: Good morning, Mr. Chairman and members of the Commission. My name is Sidney Fuke. My address is 100 Pauahi Street directly across of this building. I’m here assisting Mr. Souza on this matter. Just to give you a little bit background, Mr. Souza and his family, as the staff had indicated, they live on the property. That’s their property home right now, and he had an industrial accident, and as a result of an industrial accident, he’s no longer able to do what he once, you know, what he was doing, which was a tow business, tow truck business. So, to help supplement his income, he was basically doing smoked pork, good smoked pork, great Portuguese sausage, and you know all those kind of stuff, but his major liability, you know, he doesn’t have like a commercial kitchen so he’s not able to sell it at farmer’s market or you know do any commercial, you know, stuff but maybe you know on the side he can sell like you know for five dollars a bag, you know that kind of stuff. But, so, his intent is essentially to be able to construct a commercial kitchen within the existing warehouse building. So we had, originally you know when he approached me, he said oh you know maybe we can do a home occupation, so we tried to do a home occupation only to find out that the property is in the State Land Use Ag district so because it’s in the State Land Use Ag district, then home occupation is not allowed 3 EXHIBIT A except through a special permit. So, he said, well you know, should we go through a special permit, but then given the proximity of all of the commercial areas, and all that stuff, so it just didn’t make sense to go through a special permit, you know. Upon advice of the staff, he said well, why don’t we just take it through the longer process of going through the change of zone and state land use boundary amendment, so this is pretty much that where we are right now. The staff’s proposed condition and the background report, you know as always, is accurate. We feel the conditions are fair. Given the situation as Mr. Arai had explained that you know there would be a five year deferral on when the land fronting his property would be subdivided and then conveyed to the County with full improvements of curb, gutter and sidewalk, I think, you know, that’s reasonable because at this point in time, what he wants to do is put up the commercial kitchen within this building and so at some point in time, there is going to be a new structure coming in, then you know obviously, you’ll be able to you know wind in your loan together with the construction of the curb, gutter, and sidewalk section so we think that is reasonable. So, with that, Mr. Chairman, if any questions that the staff may—oh, the Commissioner may have, we’d more than happy to answer. Sorry, we don’t have any samples today--. ISHIBASHI: First Thursday every month we’ll be here. Okay, any questions Commissioners? Seeing none, anybody from the public would like to testify? We have no one signed up at this time. Okay? So, we have a motion in order. Commissioners? ISHIBASHI: Yes, Brother Henkel. HENKEL: I think Mr. Souza’ plan is a good fit for Pāhoa and Puna makai in general so I would like to make a motion to amend the land use boundary, SLU 13-000039 from Ag to Urban and to change the zone which is R, REZ 13-00171 (sic) from Ag-1 to Village Commercial. ARAI—Um, Mr.-- ISHIBASHI: Yes-- ARAI: I’m sorry, Mr. Chair, if it’s okay, could we take the motions one at a time starting with the State Land Use Boundary Amendment. See if that passes and then we can do the rezoning. HENKEL: Okay, do I have to say it again? I will. I’d like to move to amend the land use boundary from, which is SL (sic) 13-000039 from Ag to Urban. ISHIBASHI: Okay, there’s a motion made by Commissioner Henkel. MIYASATO: Second. ISHIBASHI: Second by Commissioner Miyasato. Open for discussions? Seeing none, take the vote. Thank you. ARAI: Mr. Chairman, I’ll take the vote. Commissioner Henkel? 4 EXHIBIT A HENKEL: Aye. ARAI: Commissioner Miyasato? MIYASATO: Aye. ARAI: Commissioner Gonzales? GONZALES: Aye. ARAI: Commissioner Heaukulani? HEAUKULANI: Aye. ARAI: Commissioner Moses? MOSES: Aye. ARAI: And Mr. Chairman? ISHIBASHI: Aye. ARAI: Mr. Chairman, motion carries with 6 aye votes. ISHIBASHI: Okay, thank you so much. Thank you. You’ll be notified in writing. ARAI: Mr.--? We have— ISHIBASHI: Oh yeah, one more. Sorry. HENKEL: I’d like to move to change the zoning on, which is R--REZ 13-000171 from Ag-1 to Village Commercial. ISHIBASHI: Any second to the motion? MIYASATO: Second. ISHIBASHI: Seconded by Commissioner Miyasato. Any questions? Discussion? Okay, seeing none. ARAI: Mr. Chairman? If I can just clarify that the motion, the favorable recommendation is for the reasons and with the conditions as recommended by the Planning Director? ISHIBASHI: Yes. HENKEL: So moved. 5 EXHIBIT A ARAI: Commissioner Miyasato? MIYASATO: Second. ARAI: Thank you. Okay, Commissioner Henkel? HENKEL: Aye. ARAI: Commissioner Miyasato? MIYASATO: Aye. ARAI: Commissioner Gonzales? GONZALES: Aye. ARAI: Commissioner Heaukulani? HEAUKULANI: Aye. ARAI: Commissioner Moses? MOSES: Aye. ARAI: Mr. Chairman? ISHIBASHI: Aye. ARAI: Mr. Chairman, motion once again carries with six aye votes. ISHIBASHI: Okay, thank you. The discussion ended at 9:20 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 6 EXHIBIT A