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HomeMy WebLinkAbout2014-09-04 Windward Planning Commission Minutes-Site Visitation _Watson_ WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES (SITE VISITATION) SEPTEMBER 4, 2014 The Windward Planning Commission met for a site visitation at 9:43 a.m. regarding the Scott Watson (Amend SMA 450) application for , at the subject property with Chairman Myles Miyasato presiding. COMMISSIONERS PRESENT: Myles Miyasato, Charles Heaukulani, Gregory Henkel, and Raylene Moses. ABSENT AND EXCUSED: Stephen Ono. ALSO PRESENT: Duane Kanuha (Planning Director), Margaret Masunaga (Deputy Corporation Counsel for the Windward Planning Commission), William Brilhante (Deputy Corporation Counsel for the Planning Director), Daryn Arai (Planning Program Manager), Maija Jackson (Staff Planner), Christian Kay (Staff Planner), Sarah Hata-Finley (Commission Secretary), Kim Tanaka (Secretary), Steven Strauss (Counsel for the Applicant), Scott Watson and Gary Olympia (Applicant). And seven members from the public. Site Visitation relating to Agenda Item No. 7 (amendment to Condition 11 of SMA 450) and affecting property owned by Scott Watson and Hilo Project, LLC located at the end of Sugar Mill Road, just east of the Sugar Mill Road/Beach Road intersection in Pepe‘ekeō Point Subdivision at 28-3000 Beach Road, South Hilo, Hawai‘i, TMK: 2-8-008:151 (Lot 23). A quorum was present. Chairman Miyasato said that the purpose of this site visit was not to discuss the merits of the requested amendment, but for the Commission to obtain information about the site characteristics of the subject property and immediately surrounding area relative to the amendment request. Chairman Miyasato introduced staff and Windward Planning Commissioners in attendance for the site visitation and briefly described the applicant’s request, location of the property, and the procedures of conduct to be followed during the site visitation. Statements from the public were not permitted during the site visitation. It was announced by the Chair that public testimony, if any, will be received when the Commission reconvenes later in the day at the duly noticed public meeting to be held at the County of Hawai‘i Aupuni Center Conference Room, Hilo, Hawai‘i. Ms. Jackson handed out to Commissioners, Applicant, staff, and the public a map (site survey) created by the Applicant’s land surveyor of the project site for the Commission’s reference (attached hereto as Exhibit 1). She said that she wanted to focus on the location of the existing Page 1 of 4 Windward Planning Commission September 4, 2014 Minutes WATSON SITE VISITATION 2002 certified shoreline; the 2010 certified shoreline; the top of the sea cliff that is referenced in Condition 11; the existing public access easement; and the proposed public access easement. Using an existing rock wall as a reference point, Ms. Jackson showed the Commission that the rock wall was located on the top of the map in a “bulb out” area. She also explained how Sugar Mill Road curves, and pointed out the “wall” next to Sugar Mill Road. The “wall” and fencing were part of the Sugar Mill right-of-way in the “bulb out” area. Ms. Jackson stated that the existing public access was described on the map with a dark blue dashed line which showed the mauka extent of the existing public access easement. She said that according to the Settlement Agreement between Continental Pacific and the County, when the subdivision was first created, there was an understanding that the public could access any area makai of the dark blue dashed line. Ms. Jackson pointed out the proposed public access easement to the Commissioners and felt that it would be the easiest way to get down to the shoreline, but asked the Commissioners whether they wanted to go down to the shoreline using the existing or the proposed access easement. Commissioner Miyasato suggested that they proceed walking along the existing public access easement. Walking down the existing public access easement, Ms. Jackson pointed out a concrete slab foundation and how the “bulb out” owned by the Pepe‛ekeō Point Shoreline Association, Inc. that is part of the road right-of-way extends into part of the foundation. Mr. Watson stated that the existing public access easement was flagged by the surveyor although Ms. Jackson felt that the flagged area seemed angular rather than curved as shown on his surveyor’s plan. Mr. Watson also cautioned everyone of the danger of falling coconuts from a coconut tree along the path. Ms. Jackson showed the Commissioners where they were located in reference to the map, and said that the dark pink solid line was the location of the 2002 certified shoreline. She said that Condition 11 references a 40-foot setback from the top of the sea cliff. Ms. Jackson added that according to the subdivision plat map which was created after SMA 450 was approved, the top of the sea cliff was identified somewhat in the location of the orange markers. She explained that Mr. Watson was trying to amend Condition 11 to allow a 40-foot setback from the 2010 certified shoreline which was shown as a solid green line on the map. She instructed the Commissioners to come towards the edge of the sea cliff so that she could point out generally where the 2010 certified shoreline was located. She said that the green line on the map is lower from where the Commissioners were standing and directed the Commission’s attention downwards where the waves were hitting rocks and concrete structures. Ms. Jackson stated if the Commission approved Mr. Watson’s request that he could leave the house where the forms and rebar are currently located as shown on the map. The 40-foot setback from the December 2002 certified shoreline was depicted on the map with a light blue dashed line which was along the far side of Mr. Watson’s proposed structure, jogged in the middle, and up the hill. If the Commission were to deny Mr. Watson’s request and keep Condition 11 as is, Ms. Jackson stated that Mr. Watson would need to relocate the dwelling mauka of the light blue dashed line on the plan. Page 2 of 4 Windward Planning Commission September 4, 2014 Minutes WATSON SITE VISITATION Ms. Jackson, in referencing the map, showed the “pinch point” of the public access—where the public access easement ended. She explained that while the surveyor’s map as well as other maps in the Planning Department show that mauka edge of the public access easement or “pinch point,” not everyone was in agreement that there is a “pinch point.” She said that according to Chris Yuen who spoke to the Applicant’s surveyor, there is about seven feet in that area of public access, and there is no “pinch point.” Upon inquiry by Commissioner Henkel, Ms. Jackson clarified where the existing public access was located along the south side of the proposed house. They proceeded along the grassy ramp that provided the closest access to the location of the 2010 certified shoreline survey. Mr. Watson stated that they were standing on the ramp and pointed out the remnant area in question and the old 2002 shoreline. The group stopped at an area with “No Access” spray painted on the grassy ramp. Mr. Watson said that as of right now, there was no legal access past that point. Mr. Watson said that when he purchased the property, that area was overgrown, and it was cleared for the State Historic Preservation staff for mitigation of all of the old structures. He also pointed out the “old pig pen” area. Mr. Watson claimed that this was basically the area that was never correctly surveyed in 2002 and when they had the area surveyed in 2010, the Board of Land and Natural Resources walked the property and certified it as the true shoreline. Upon inquiry by Commissioner Henkel, Ms. Jackson explained that the Settlement Agreement between Continental Pacific and the County of Hawai‛i when the subdivision was created laid out the understanding that any area makai of the easements are open for public access regardless of ownership. Commissioner Henkel asked if there was an agreement who maintains the public right-of-way, and Ms. Jackson believed that was the County’s responsible while Continental Pacific was responsible for the parking and road access easements. Mr. Strauss said that there is an argument that the public has a right to enjoy this access but that there was no way to get to it presently the way it is. He said that Continental Pacific has claimed this property while not committing to public access while Mr. Watson has claimed the property and has committed to providing legal access. At this point, Chairman Miyasato directed Mr. Strauss to stop his comments. Ms. Jackson directed the Commissioners to the proposed public access which was depicted on the map with a bold dashed dark pink line. Upon inquiry by Chairman Miyasato, she pointed out where the boundary of the property was. The Commission walked up the driveway, and Ms. Jackson showed the Commission the sign that Mr. Watson put on his driveway pointing out the public access. Frank White, a residing neighbor to the property, asked Ms. Jackson how he would be able to get to the driveway to the proposed public access. Ms. Jackson stated that Mr. Watson has a proposed resubdivision/reconsolidation application with the Planning Department that is on hold pending the outcome of the subject application. She said that the proposed resubdivision/consolidation application would allow Mr. Watson to acquire some of the “bulb out” property as well as readjust the lot line between his parcel (Lot 23) and Lot 24 which Page 3 of 4 Windward Planning Commission September 4, 2014 Minutes WATSON SITE VISITATION belongs to Continental Pacific. That would resolve the issue of where the driveway is currently constructed and create a connection from the access along Mr. Watson’s property to the driveway. She added that the current map does not reflect the additional public access easement that would be needed from Mr. Watson, and said that there would need to be a connection along his newly consolidated property over to the driveway. Upon inquiry by Commissioner Heaukulani, Ms. Jackson stated that she believed that the Pepe‛ekeō Point Shoreline Association, Inc. owned the “bulb out” property. Mr. Strauss confirmed with Ms. Jackson what she had just said about the public access from the road to address a misunderstanding by Mr. Ed Johnston on what was just explained to the Commission. At 10:25 a.m., it was moved by Commissioner Moses and seconded by Commissioner Henkel to conclude the site visitation. The site visitation concluded at 10:25 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary A T T E S T: Myles Miyasato, Chairman Windward Planning Commission Page 4 of 4 Windward Planning Commission September 4, 2014 Minutes WATSON SITE VISITATION