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HomeMy WebLinkAbout2015-03-05 HearingTranscript - Kathryn Tydlacka SPP 14-172 WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT MARCH 5, 2015 KATHRYN TYDLACKA (SPP 14-172) A regularly advertised hearing on the application of was called to order at 9:35 a.m. in the County of Hawai‘i Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai‘i with Vice Chair Raylene Moses presiding. COMMISSIONERS PRESENT: Raylene Moses, Charles Heaukulani, Gregory Henkel, Donald Ikeda, and Stephen Ono. ABSENT & EXCUSED: Myles Miyasato. ALSO PRESENT: Duane Kanuha (Planning Director), Danny Patel (Deputy Corporation Counsel for the Windward Planning Commission), William Brilhante (Assistant Corporation Counsel for the Planning Director), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner), Maija Jackson (Staff Planner), and Sarah Hata-Finley (Commission Secretary). And approximately 15 people from the public in attendance. APPLICANT: KATHRYN TYDLACKA (SPP 14-172) Application for a Special Permit application to allow the establishment of a charter school and related uses for 65 students within an existing facility situated on 3.69 acres of land within the State Land Use Agricultural District. The property is located at 94-1572 Kaulua Circle, Discovery Harbour Subdivision, Unit I, Ka’u, Hawai‘i, TMK: 9-4-001:019. MOSES: Okay, second item on the agenda is the application of Kathryn— TYDLACKA (from audience): Tydlacka. MOSES: Thank you. Staff? DARROW: Thank you, Chair Moses. With that, if I can direct your attention to our presentation. As mentioned, the Applicant is Kathryn Tydlacka, and they’re requesting a Special Permit for a charter school. The area of this subject request is within the Ka‛u District, more specifically, we’re looking in the area of the Discovery Harbour Subdivision. For reference, running along the top portion of the map is the Hawai‛i Belt Road. You’ll see Nā‛ālehu identified in this area, and Wai‛ōhinu. Access to the Discovery Harbour Subdivision is through Kamaoa Road from Wai‛ōhinu, or you can access it from South Point Road, again through Kamaoa Road. The subject property is identified with a blue outline. We’ll zoom in a little closer. This is our County zoning map. For reference, the light green area is zoned Agricultural – 1 acre. The 1 EXHIBIT B darker outside, colored areas, darker green is Agricultural – 20 acres, and the very dark green identified in the middle of the subdivision is our Open zoning which was created specifically for the golf course within the subdivision. As you’ll notice, the subject property is also identified with an Open zoning. This is the General Plan Land Use Pattern Allocation Guide Map designation for this area. The subdivision is identified as Rural. The--just for reference, the State Land Use for this particular area is Agricultural, and that’s what’s allowing the Applicant to be able to apply for a Special Permit. This is an aerial photo. Just for reference, access to this particular property from Kamaoa Road would be from Wakea Street onto Kahiki Street which is this street running through the middle of your map in a north-south direction, and on to Kaulua Circle, access would be in this general area. As you can see on the property currently, there is a structure. It’s been used for approximately 50 years as a golf course clubhouse for the surrounding golf course area. Additionally, there is a swimming pool and several tennis courts and paved parking areas. The Applicant is requesting a Special Permit to allow the establishment of a charter school and related uses for 65 students in grades 4 through 6 and a maximum of ten employees within an existing facility situated on 3.69 acres of land. The charter school is called the Ka‛u Learning Academy, and has received approval to become a charter school by the Hawai‛i State Public th Charter School Commission on May 8, 2014. The Applicant is requesting to operate the school at this location for approximately three years at which time they intend to relocate to the Hawaiian Ocean View Estates Subdivision. This would be on the—the goal is to relocate onto the property that was recently before the Commission called Lehua Court, which was zoned from Agricultural to Commercial in that area. This is a site plan submitted by the Applicant. It’s—I apologize for the darkness of it—but again, for reference on the top of the map, you have Kaulua Circle. We have the existing clubhouse structure which would be used for the classrooms, and again the pool and the tennis courts. There’s quite a bit of existing landscaping on the property already as well as paved parking areas. These are some site photos. This is on Kaulua Circle looking at the existing clubhouse facility. Again, you can see the paved parking areas that are in place. This is on Kaulua looking towards Kahiki Street, paved roads. And this is on Kaulua Street looking towards Kaulua Circle with the subject property on the right across the intersection and Kahiki Street running across the map. The Planning Director is recommending approval with conditions. Those have been distributed to the Commission. Since the Background and Recommendation was supplied to the Commission, we have received several letters. All three of them have been passed out to the st Commission this morning. One of them is from Babette Morrow dated March 1. One of them nd is from Larry Saltzman, and that is dated February 22. And just this morning, we received a 2 EXHIBIT B letter from Bill Stockton. This is the applicant/owner of Lehua Court, just again confirming that the intention of the Applicant is to relocate to the Ocean View area in the future. With that, that concludes our presentation. Thank you. MOSES: Thank you, Jeff. Commissioners, any questions of the staff? ONO: Question. MOSES: Yes, Commissioner Ono. ONO: Is the golf course operational? Are they functioning? DARROW: My understanding is that it is, it’s not operating as it used to where there was an actual entity operating the golf course, but that it’s still being maintained and used by the owners of the property, owners of the subdivision. So, they actually go out and mow it, and they have their golf carts, go out and play golf. ONO: I’m assuming that from the request that the facilities—the swimming pool, the tennis courts—will be part of the facility used by the school? DARROW: Maybe we can ask that of the Applicant. My understanding is that for the swimming pool, I know that they are intending to gate it and to cover it so that it will not be a safety hazard. Whether or not in the future they may actually utilize that, they could if they would like, but I’m not sure if that’s their intention. ONO: Okay, one more question. Is, would the, I would assume that there would be a rental for the use of the facility? DARROW: The, the actual owner is here, and my understanding that it’s actually gifted to them— ONO: Gifted? DARROW: Yeah. ONO: Thank you. DARROW: Thank you. HEAUKULANI: Jeff, did you do your own graphics? DARROW: Oh, you like—thank you. Daryn, Daryn gave me the okay. 3 EXHIBIT B MOSES: Any other questions, Commissioners? Will the Applicant or their representative please come forward and be seated at the table in front of the Commissioners? Please raise your right hand. Do you swear or affirm to tell the truth on this matter now before the Hawai‛i County Planning Commission? TYDLACKA/IACUZZO: Yes. MOSES: Thank you. You may begin your presentation or testimony by first stating your name and place of residence and speaking directly into the microphone. TYDLACKA: My name is Kathryn Tydlacka, and I live in Nā‛ālehu down on the south side of the Big Island, and we are seeking to—last year, we put in an application with the Charter Commission for a charter school. There were several applicants last year, and we were the only one that was approved. It was a long, hard process, but we got there. We had a facility that has been gifted to us for three years so that we can get started there because the State gives no facility funding or you’re zero funding, so you have to come up with that on your own, so it’s been a real blessing to us to have that. So, we are here today seeking a Use Permit for that building so that we can have our school there. And this Joe Iacuzzo. He’s the managing director. IACUZZO: I’m Joe Iacuzzo, the managing director of Ka‛u Learning Academy, and as Kathryn said, you know, we were exceptionally fortunate to have the South Point Investment Group. MOSES: Place of residence, please? IACUZZO: Oh, I’m sorry, I live in Nā‛ālehu as well. And, we’re exceptionally fortunate to have the South Point Investment Group allow us to use their facility and to clarify, it is the residents of Discovery Harbour who do maintain the golf course. They don’t, it’s not potable, but if you do want to come down and play, it’s a tremendous course. And, so, when the commission gave us a charter for opening the only school this year, it was under several conditions that we met, which were rigorous academics, and the fact that we do have a facility available to us which almost none of the other schools do. And, so, as Kathryn said, this is a tremendous opportunity for the children and families of Ka‛u to have an alternative to the school down there. TYDLACKA: That’s all I have. MOSES: Question, Kathryn. Did you receive the Planning Department’s Background Report and Recommendation? TYDLACKA: Yes, I did. MOSES: Do you agree with the Report and Recommendation? 4 EXHIBIT B TYDLACKA: Yes. MOSES: Do you have any further comments to make at this time? TYDLACKA: No. MOSES: Commissioners, any question of the Applicant. IKEDA: Yes, I’d like to ask a question. MOSES: Yes, Mr.—Commissioner Ikeda. IKEDA: What would happen if you don’t complete your building or your complex, whatever, in three years? TYDLACKA: We have other options, too. We’ve also been donated five acres of land in Discovery Harbour. We, there’s a—in fact, that’s the same people who own the building that we’re in. There’s an existing structure there that needs to be completed, so that would be an option. We have another option in Ocean View. Some, we have people there that have land, and they have a 5,000 square foot building that needs to be constructed which could be put together, you know, within a couple of months. So either one of those are really good options, but our favorite option is the one with Lehua Court. So, we do have back-up plans just in case. IKEDA: Actually, my concern also is, I was reading the Department of Water Supply request about water usage, and I know the Planning Director didn’t put it as a condition, but wouldn’t that follow you also because I think the, the building you’re staying in had four water credits. I think if you go to a residence, you might only have one water credit. So, I was wondering what’s your comment to that? TYDLACKA: Okay, I’m going to hand that to Joe. He just got some information this morning, actually from the, our engineer on that. IACUZZO: Yeah, our engineer just was able to complete the study based on the questions that the Water Department had, and the numbers that they have fall within the available water and usage, and I know that he has submitted this to the appropriate departments. IKEDA: You know, that was my only concern. I do support your, what you’re trying to do. TYDLACKA: Thank you. IKEDA: But, I just wanted to make sure everything was covered for you guys. TYDLACKA: Yes, thank you. 5 EXHIBIT B MOSES: Any other questions, Commissioners? Thank you. Do we have any public testimony, Sarah? Seeing none, do we have a motion? IKEDA: I’ll make the motion. MOSES: Commissioner Ikeda. IKEDA: I move that the application for a Special Permit, Docket No. SPP 14-172 be approved based on the Planning Director’s recommendations and proposed conditions. MOSES: Any second? HENKEL: Second. MOSES: It was moved by Commissioner Ikeda, and seconded by Commissioner Henkel. Discussion? No discussion. Motion for approval, roll call vote needed. Roll call vote? DARROW: Thank you, Chair Moses. With that, we’ll take the roll call. Commission Ikeda? IKEDA: Aye. DARROW: Commissioner Henkel? HENKEL: Aye. DARROW: Commissioner Heaukulani? HEAUKULANI: Aye. DARROW: Commissioner Moses? Oh—I’m sorry, Commissioner Ono? ONO: Aye. DARROW: And Chair Moses. MOSES: Aye. DARROW: The motion passes five to zero. MOSES: You will be notified of the Commission’s decision in writing. Thank you. TYDLACKA: Thank you very much. IACUZZO: Thank you. 6 EXHIBIT B The discussion ended at 9:50 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 7 EXHIBIT B