Loading...
HomeMy WebLinkAbout2015-02-19 Leeward Exh C (SPP 14-173) LEEWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT FEBRUARY 19, 2015 CATHEE MALAPIT (SPP-14-000173) A regularly advertised hearing on the application of was called to order at 10:21 a.m. in the West Hawai‘i Civic Center, Community Center, Building G, 74-5044 Ane Keohokālole Highway, Kailua-Kona, Hawai‘i, with Chairman Brandi Beaudet presiding. COMMISSIONERS PRESENT: Brandi Beaudet, Thomas Hickcox, Collin Kaholo, Barbara Nobriga and Thomas Whittemore ABSENT AND EXCUSED: Keith Unger ALSO PRESENT: Danny Patel (Deputy Corporation Counsel), Bobby Command (Deputy Planning Director), Maija Jackson (Planner), Christian Kay (Planner) and Noriko Sauer (Commission Secretary) And five people from the public in attendance. APPLICANT: CATHEE MALAPIT (SPP-14-000173) Application for a Special Permit to convert an existing two-car garage into a certified kitchen on approximately 562.5 square feet of land situated within the State Land Use Agricultural District. The project site is located near the 32 Mile Marker on Māmalahoa Highway (Hawai‘i Belt Road) in the Kona Ocean View Properties Subdivision, Pu‘ukala, North Kona, Hawai‘i, TMK: 7-2-008:035. BEAUDET: The fourth item of today’s agenda is for a Special Permit, Applicant: Cathee Malapit, application for a Special Permit to convert an existing two-car garage into a certified kitchen. KAY: Thank you. So getting right into it, here is a location map. Just for you information, the subject parcel is located also in the North Kona District, kind of small to see, but it’s outlined here in red. For reference this is Māmalahoa Highway running north-south through the slide. The subject parcel is located in the, what is called the Kona Oceanview Estates Subdivision. To the east across the highway is the Makalei Golf Course and right here to the south is the Makalei Estates Subdivision. Again, a more zoomed-in picture showing the zoning, the subject parcel and surrounding is Agricultural-5 acres; however, if you notice, this entire subdivision is for the most part lots that are under 10,000 square feet. Makalei Estates Subdivision is Agricultural-3 acres, and across the way we have Agricultural-900 acres and again that’s for the golf course area. The General Plan LUPAG Map shows the subject parcel in the Low Density Urban designation, with the remainder of the image in Extensive Agriculture. The Kona CDP Map shows here that outlined in red the subject parcel actually falls within the Kona CDP Urban Area. Here is the aerial image of the parcel, again with Māmalahoa Highway running north-south. This is showing the applicant’s home. The permit area for the garage is right here toward the front of the house. Access is off of the highway there. And I will also just want to point out there is sufficient paved parking available for the residents of the house, should the garage be used for the certified kitchen. 1 EXHIBIT C The applicant is requesting a Special Permit to establish a certified kitchen in an existing two-car garage to produce salsa and chips for retail sale at local retailers and markets. The applicant is currently leasing commercial kitchen space on a month-to-month lease and is planning ahead in case the lease should end so she doesn’t have to lose production time while looking for other accommodations. According to the application, salsa and chip production will take place daily between the hours of 8:00 a.m. and 12:00 noon. All employees of the business live on premises and the certified kitchen will not be open to the public and there will be no on-site sales of the products. And finally, again there is sufficient additional paved parking space to accommodate parking for residents of the home there. Again, here is the applicant’s site plan, on the left showing the parking area here, the house, and in red the proposed certified kitchen. The floor plan, a little bit more blown up, that shows us in relationship to the first floor of the house. Again, these are views of Māmalahoa Highway, looking north, the applicant’s property is here to the left. Looking south, the applicant’s property is shown here on the right. It shouldn’t really be an issue in terms of increased traffic because again all of the employees of the business live on premises, so that shouldn’t, and there will be no on-site sales, so that shouldn’t change anything at all. Here are some views of the permit area. From the highway into the garage. A little bit closer view, the house is unfortunately cut off. And then finally, and I apologize if it’s difficult to see, but here is the garage area that will be transferred into a certified kitchen. The Director’s recommendation for this application is approval with conditions. And with that, I’m happy to answer any question the Commission may have. WHITTEMORE: Can I, I’ve got questions I want to ask. BEAUDET: Go ahead. WHITTEMORE: When we approve this type of request, are there any conditions with respect to them subletting out to other uses there? Because it’s a certified kitchen, it might increase the use of the space or. I’m just thinking of traffic and things. The other question is with respect to delivery in a commercial kitchen. How do you handle something like that on a location like this where it’s right on the main highway and there is extreme drop-off into the spaces? KAY: Sure. In terms of the first question about subletting, I’m not sure that we considered that, but I, yeah, in this case the application is just for the making of salsa and specific to the use, or to the function. In terms of delivery, according to the applicant, everything that is brought on, all of the raw materials are brought in by her. There is no delivery; so she goes to the market and gets the tomatoes and herbs and other raw materials for that. So based on the representation we didn’t consider that there would be any kind of delivery. WHITTEMORE: But does it restrict them from leasing out space? I mean they are leasing a certified kitchen use at another location right now. KAY: Which is I believe in a commercial area set up for that, yeah. WHITTEMORE: Okay. So this is more of a residential area. Is there, who polices that, I guess? 2 EXHIBIT C KAY: Yeah, we consider this more of a home occupation. I suppose if the Commission would like to, we could put a condition in there that restricts leasing, or subletting, the space to other users. What we did say is, there is a condition – and let me find it, please – in here that indicates that all of the, all of the employees of the business need to live on the premises; so, you know, we kind of tried to address that there, but we didn’t specifically talk about leasing or subletting. BEAUDET: I think, just, you know, just to bring some understanding to this, you know, the permit is specific to the type of use, so if the owner should want to lease out the space in the future, it would have to be for the specific use, and then, and then that’s coupled with Condition 5, which states that employees have to be family members, yeah, or residents of the unit. WHITTEMORE: So if there was an interest in subletting it out during idle time, they would need to come back to the Planning Commission? Just so I understand it. BEAUDET: If it was for use other than what is specified here, then you would have to amend the permit. WHITTEMORE: Than specified here, okay, okay, that’s great. BEAUDET: Right. KAY: Thank you. BEAUDET: Any more comments or questions from the Commission? Okay. With no further comments or questions, I’d like to ask the applicant to please step forward. Would you please raise your right hand? Do you swear to tell the truth now before the Leeward Planning Commission? MALAPIT: Yes. BEAUDET: Okay. Please introduce yourself and speak into the mike, if you will. MALAPIT: Cathee Malapit. BEAUDET: Have you been provided with the background and the recommendation reports from the Planning Director? MALAPIT: Yes. BEAUDET: Are you in agreement with those conditions? MALAPIT: Yes. BEAUDET: Thank you. Commissioners, any questions or comments before we proceed? I’m sorry, if you have any comments or discussions that you would like to present. MALAPIT: No. 3 EXHIBIT C BEAUDET: Okay. So, Commissioners, any comments for the applicant? Okay, nobody. For the record, let it be noted that no one from, no testifies have submitted request to testify on this application. So you may please take your seat. Thank you. Commissioners, I would like to ask for a motion for action. KAHOLO: I move that the application for a Special Permit, Docket No. 14-173, be approved based on the Planning Director’ recommendation, findings and proposed conditions, which shall be adopted. WHITTEMORE: Second. BEAUDET: It has been moved by Commissioner Kaholo and seconded by Commissioner Whittemore for the approval of Special Permit No. 14-000173. Any discussion or comment? Staff, can we proceed with roll? KAY: Yes, sir. Commissioner Kaholo? KAHOLO: Aye. KAY: Commissioner Whittemore? WHITTEMORE: Aye. KAY: Commissioner Hickcox? HICKCOX: Aye. KAY: Commissioner Nobriga? NOBRIGA: Aye. KAY: And Chair Beaudet? BEAUDET: Aye. KAY: Okay, motion carries, five to zero. Thank you. The discussion ended at 10:30 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 4 EXHIBIT C