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HomeMy WebLinkAbout2015-03-19 Leeward Exh A (SPP 15-177) LEEWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT MARCH 19, 2015 KONA CASTLE RANCH, LLC (SPP A regularly advertised hearing on the application of 15-177) was called to order at 9:38 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, Keith Unger and Thomas Whittemore ALSO PRESENT: Danny Patel (Deputy Corporation Counsel), Duane Kanuha (Planning Director), Jeff Darrow (Planner), Christian Kay (Planner) and Noriko Sauer (Commission Secretary) And approximately 60 people from the public in attendance. APPLICANT: KONA CASTLE RANCH, LLC (SPP 15-177) Application for a Special Permit to establish a 5-bedroom bed and breakfast operation within an existing dwelling and additional bedrooms and the use of portions of the dwelling and surrounding area for special events, all of which will occur on approximately 5 acres of land situated within the State Land Use Agricultural District. The property is located east (mauka) of Old Māmalahoa Highway approximately one (1) mile north of the intersection of the Old Māmalahoa Highway and Hawai‘i Belt Road in Honalo, North Kona, Hawai‘i, TMK: 7-9-002:005 (portion). BEAUDET: First item on today’s agenda is Applicant, Kona Castle Ranch, LLC, application for a Special Permit to establish a five-bedroom bed and breakfast operation. Staff? KAY: Thank you, Mr. Chair. We’ll start off, the subject parcel is located in the North Kona District outlined here in red. Sorry, it’s a little difficult to see. Just for context this is Hawai‘i Belt Road running north-south and Māmalahoa Highway again running north-south parallel to Hawai‘i Belt Road. The subject parcel is situated roughly a mile north of the intersection here close to the village of Honalo. And the parcel itself is approximately 596 acres in size, and the applicant is proposing to use five acres for these uses. A little bit close view here, again, we see Māmalahoa Highway here running north-south. The permit area, and again I’m sorry, it may be difficult to see, is outlined here in blue showing the approximation of the five acres. The zoning for the parcel itself is Agricultural-20 acres with surrounding zoning of Agricultural-5 acres and Agricultural-1 acre, and there is a mix of farms and scattered single-family dwellings in the area. The entire parcel and the surrounding area is in the State Land Use Agricultural District, and our General Plan LUPAG designates the entire parcel and much of the surrounding area as Important Agricultural Lands with a small node of Low Density Urban here heading more toward the village of Honalo. This is the Kona CDP Map showing that the subject parcel is outside of both the Kona Urban Area, as well as outside of the Rural Town TOD area, again, the parcel outlined in red. And access to the site is actually off of Māmalahoa Highway here, and it’s on a driveway across, within easements, across both the subject parcel and the adjacent Parcel 22, which the applicant also owns, and again, here, kind of showing the easements, as well as the project area indicated on the map. 1 EXHIBIT A Here is an aerial photograph of the area. Again, a little difficult to see, but I just wanted to show context of where the permit area is in relation to surrounding uses. The existing dwelling is located here within the trees. There has been significant clearing of trees that’s taken place; it’s a bit of an old photo. So the applicant is requesting a Special Permit to establish a five-room bed and breakfast facility using two of the three bedrooms within the existing 14,000-square foot main dwelling, and proposing the construction of three new detached bedroom suites to be built proximate to the main dwelling and consisting of approximately 720 to 1,000 square feet each, with a bathroom, bedroom and sitting area but no kitchen; so these would be again detached bedrooms. In addition the applicant is proposing to establish a special events facility, which operates independently from the bed and breakfast, in the main dwelling and immediate surrounding grounds for events such as wedding, seminars and other low impact activities. These special event activities would begin no earlier than 9:00 a.m. and no later than 10:00 p.m. Any use of amplified devices outdoors would end no later than 9:00 p.m. and would not exceed the State noise standards for residential uses. The applicant doesn’t anticipate any more than 100 participants on average for larger events; however, they could accommodate up to 200 for a larger event such as a wedding or something attached to the Kona Coffee Festival or some kind of a non-profit fundraiser or something alike. While not expected to be the norm, the applicant representative says that it’s possible that up to four smaller events per day could take place, like seminars, at the facility. The applicant indicated that they wouldn’t allow tour buses, but could accommodate passenger vans and personal vehicles with all parking requirements to be met on-site. Food service is proposed in conjunction with special events, which would include on-site catering and food preparation requiring a certified kitchen. And finally, the area of the proposed bed and breakfast and special events facility, inclusive of the main dwelling, surrounding grounds and the parking area would consist of no more than five acres. Due to a technical glitch, we are going to have to have my lovely assistant Jeff here make a quick change, and we’ll show you the site plan. It’s already open, Jeff, yeah. Okay, again here on the left you can see the outline of the entire parcel, with small here in red the outline of the special permit area, and it’s blown up here on the right. You’ll see the driveway is going to come up here on the left hand side and bring it around. Again, here is the main structure with the two bedrooms that are going to be used for the bed and breakfast that are inside the main structure, Bedrooms 1 and 2, the applicants would be living in the third bedroom in the house, and then here are the three different detached bedrooms that again would be proximate to the main dwelling. So that’s for the bed and breakfast use. Special events would be used kind of here on the south side of the structure and the Grand Lanai and surrounding area, as well as within the dwelling in, there is a meeting hall here, and then an outside courtyard area that would all be used for special events. There is parking for those events shown here in two different places totaling approximately 20,000 square feet; so that should be plenty of parking space available. Okay, all set. Thank you. Take a bow. Okay, here are some images of the driveway access from Māmalahoa Highway. As you can see, there are two separate approaches. It was difficult to get a picture of both of them in one, but there is an approach coming from the north and an approach coming from the south; so that’s kind of showing here, looking mauka from the north, looking mauka from the south, with the site again mauka up above those areas. Here is just images of some sight-distance Māmalahoa Highway looking north here on the left and Māmalahoa Highway looking south here on the right. And then just some views of the permit area. The reason I added this image is I kind of wanted to show proximity to the main structure of where some of the detached bedrooms were; this is No. 3 and it’s roughly 67 feet from the main structure. The second one is a view of the lanai here and kind of 2 EXHIBIT A special events area on the south side of the main dwelling. In through here is the Great Hall and just again a view of looking mauka. This one is looking makai. Here behind the rock wall is the courtyard area and the other side of the Great Hall that would be utilized for special events. The reason I added this photo is I just wanted to show, this was a new addition to the main structure, a four-car garage and some caretaker’s quarters above, and the applicants took great care to make sure that the addition kind of met the same architectural character as the main structure. The Planning Director’s recommendation for this application is approval with conditions. With that, I’m happy to take any questions. BEAUDET: Commissioners, any questions of staff before we call on the applicant? KAHOLO: Yeah, looking at the proposed plan, the bedrooms in place, what is the access from the main house to those locations as guests move on to these three locations? KAY: Yeah, it’s difficult, to show you again on the – can you put the site plan back up, please, thank you, sure – the access are going to be gravel walkways and some of them are shown on the site plan, but the application itself indicates that there will be the kind of just walkways as a connection to the main structure. KAHOLO: Yeah, my concern is safety, you know, for --. KAY: -- Sure. KAHOLO: How they get to the locations of those three bedrooms. Thank you. KAY: Thank you. BEAUDET: Any other questions for staff, Commissioners? Thank you, staff. I’d like to call on the applicant or its representative to please come forward. Good morning. If I could swear the both of you in. If you could please raise your right hand. Do you swear and affirm to tell the truth on this matter now before the Leeward Planning Commission? APPLICANT: Yes, I do. BEAUDET: Thank you. Could you please each introduce yourself, starting with you, Sidney? FUKE: Good morning, Mr. Chairman and Members of the Commission. My name is Sidney Fuke. I’m a planning Consultant. I’m here assisting Ms. Christine Hall who is seated to my left; she is the applicant. We’ve had the chance to review the staff’s report, the written report, as well as the proposed recommendation, and the applicant has found them to be very acceptable. We do have some clarification, you know, relative to two portions of the conditions, which I’ll make a separate request on that. But before doing so, I’d like to just share with the Commissioners some of the general background behind, you know, this application here. The structure was built like a castle, like a French chateau, back in 1952. And it was constructed by Cenric Wodehouse, and Cenric Wodehouse, for those of you who are historic minded, is a grandson of Victoria Ward. So he had had this dwelling constructed, you know, it’s really has a turret and it’s really fant-, I mean, when I visited the property, I was very, very surprised to find a structure like that, you know, here on the Island of Hawai‘i. And what the applicant wants to do is not only use that as her residence but she 3 EXHIBIT A wants to be able to share the architectural experience, you know, with the community, vis-a-vis not only through the bed and breakfast operation but also by having, or hosting, special events, you know, special events whether it’s for non-profit fundraises for the Humane Society, Kona Hospital Foundation, so on and so forth. So along the way then, you know, the public or the community would have a chance to at least see the structure and gain entrance, you know, to the basic dwelling. The dwelling itself, you know, there is a large dining area, they call that – what do you call? HALL: The Great Hall. FUKE: The Great Hall. And they have like a fireplace that’s, and I’m not tall but, I could even actually walk into the fireplace, and it was really, really, very, very fantastic. They are in the process of renovating it right now; they have the appropriate building permits for their renovation, and as the staff had indicated, they constructed a new building that basically resembles the old existing structure. The general grounds on that area is, you know, in addition to the basic dwelling and the proposed uses, it’s over 600-acre property, including this, as well as an adjoining property that the Halls also own. And the mauka portion was used, and still continues to be used, as a cattle grazing operation. The lower portion was at one point in time planted into avo-, excuse me, for coffee, but it had been kind of like in disrepair. So systematically they are improving the grounds into making it more agriculturally oriented; they have milk producing goats on it in the equestrian center, and they are improving the coffee, as well as planting avocados. So that would be the total experience, you know, of the grounds. The question that we had like of the staff and, you know, and I think Jonathan had mentioned earlier, but we noticed that the condition, I think it was Condition No. 4, basically stated that, you know, when you have like large special events functions that, it specifically I think just mentions only the Kona Coffee Festival, but we wanted to, as part of the application we did indicate the intent behind the special events was to also be able to accommodate non-profit things, but, you know, certainly you would exclude, like having it as a farmer’s market on a, you know, steady basis, or craft fair, those kind of things, but specifically associated or tied in with non-profit organizations. And I think the staff had indicated in his presentation that that was the understanding, so. And secondly, the other thing is that Condition 3 requires submittal of plans for Plan Approval and all of that, and we know that within the Agricultural District the parking does not necessarily have to be paved, and, you know, the applicant wants to make it clear that at this point in time they do not wish to have the parking area paved, because if you have a sealed parking in the area, it totally disrupts the kind of character and the ambiance that they wish to retain on the property. But nevertheless, all of the parking area will be situated in an area where, you know, you won’t have standing water or mud. And I think this is a discretionary condition that can be granted by the Planning Director, you know, through the Plan Approval process. So we merely wanted to state that just for the record. So if there are any other questions, Ms. Hall or myself would be more than willing to answer. BEAUDET: Thank you, Sidney. So just to continue on the discussion, or on the comment, that you had about the parking, Condition 3 doesn’t imply paved parking --. FUKE: -- Correct, yes. BEAUDET: Yeah, okay, just as long as, you know, the understanding is mutual. 4 EXHIBIT A FUKE: That’s right. BEAUDET: Just parking area needs to be established. Commissioners, any questions for the applicant? FUKE: One other thing, I forgot to mention, I wanted to address Commissioner Kaholo’s question. There are like going to be like three detached bedrooms generally in the location as shown on the site plan there, and there is going to be like an improved access way and with appropriate lighting, you know, so that one wouldn’t stumble and, you know, lest get away with, especially if you are having, you know, some beverages. BEAUDET: Commissioner Whittemore. WHITTEMORE: With regard to Condition 4 on the non-profits and all, (inaudible) and I think that’s great. I’m just curious as to how many --. PATEL: Commissioner, can you use your microphone, please. WHITTEMORE: Excuse me. I take directions, too. On No. 4 with respect to the non-profits and all, how many events are you envisioning occurring on a monthly basis, say, and this is going towards traffic issues, and when would those events probably likely occur? FUKE: As far as the larger events it would probably be, if I were to guess, maybe like about no more than four or six a year, you know, because, you know, there are a lot competitions right now for having special events whether it’s for golf course activities and things like that. But they just wanted to create another venue, you know, for special events. In terms of the other kind of special events, I would say like maybe you probably have like about two maybe at most, three, you know, during the course of the month, and if you are lucky, and it’s maybe if you have like a person that comes out and wishes to give a seminar on like substance abuse, for example, you know, there is the Great, you know, the Great Hall area can reasonably accommodate at least like 25, 40 people very easily. And so that’s the intent. But, again, that’s trying to make the venue, or the facility, available for public related things, but their primary focus is the bed and breakfast. And so they have to kind of like coordinate it so that that doesn’t conflict with the bed and breakfast operation. WHITTEMORE: Okay. BEAUDET: I have a question, Sidney. So is there an intent to have the facility open on a daily basis for just members of the community passing through to come in and --. FUKE: -- No. BEAUDET: Do a self-guided tour or anything like that? FUKE: No, no. BEAUDET: Okay. So there is no unplanned traffic. 5 EXHIBIT A FUKE: Correct, yeah, it’s not like a museum where, you know, you would have people coming up day in day out and, you know, pay a fee or whatever; no, it’s not intended to be that, because it would be very disruptive to the B&B operation. BEAUDET: Okay. Is there an intent to register the home as a historical site? FUKE: They are thinking about doing that. You know, we just received a copy of the comments from the SHPD, you know, relative to that. So it is eligible for registration. And so that’s something that they are looking at it because there are some definite tax advantages behind that. But notwithstanding that, their intent is to retain the basic motif and the architectural style that was, you know, envisioned by the owner and the former, well, the architect then, Vladimir Ossipoff. BEAUDET: Okay. And the reason I ask that is, you know, a lot of times, you know, once you put that sign up, then it’s a beacon to tourist traffic, yeah. So even if it’s not listed, they know what the sign represents and then they start to, you know, look for the spot that is a historical site. And it’ll also get put on the map on the registry --. FUKE: -- (Inaudible) HVB sign. BEAUDET: Yeah. KAY: Mr. Chair, if I may. I was remiss in letting the Commission know that there were two pieces of communication that came in after we issued the background and recommendation report: One, as Mr. Fuke talked about, from SHPD, and another a piece of testimony about traffic issues. And then finally, we sent this to you before via email, but we wanted to just memorialize in the permit this additional condition for prohibiting the uses of tour buses larger than 15-passenger vans to the site. So that would be now considered Condition 11 and we just shift everything else down from there. BEAUDET: And you guys are okay with the added condition as well. Any more questions? HICKCOX: I have a question. It’s kind of like off the subject a little bit, but what’s going to happen with the Waihou area up there? Are you familiar with that? NOBRIGA: Waihou has nothing to do with it; that’s me. HICKCOX: I understand that, ma’am. I understand that totally. NOBRIGA: They are a couple miles away from me. HICKCOX: Yeah, okay. FUKE: Thank you very much for the response. I didn’t have the answer. BEAUDET: Commissioners, any more comments or questions for the applicant? Okay. Thank you. For the record there has been no members of the audience who has signed up for any testimony. So with that, I’d like to --. KAY: -- Mr. Chair, I’m sorry to interrupt. Mr. Emler had a question for me about one of the conditions, and I wanted him to have an opportunity to speak to the Commission on that. 6 EXHIBIT A BEAUDET: Okay. EMLER: Well, I guess I should have brought this up with Christian yesterday; I think I got the stuff in the pouch yesterday, but, so, I apologize for this, bringing it up at the meeting. But I’m not sure that they have checked with Building Division to find out if a certificate of occupancy is going to be needed for what they are doing there, or a change of use permit. And I see that Building Division did not comment on the application. So they, he’s made that a trigger for the entry improvements. And I’m not sure that’s even necessary, I mean, if it’s a requirement for the Special Permit, then to just obtain the Special Permit and being allowed to do what they are going to do seems like that would be enough condition for, without having to say, you know, it’s triggered by a certificate of occupancy. BEAUDET: So what you are saying is there is no need for a certificate of occupancy, given the conditions of the permit. EMLER: Yeah, I’m not sure that there is going to be a need for certificate, or that there will be a certificate of occupancy unless a change of use permit is actually required, which I don’t think has been confirmed with Building Division, Public Works. BEAUDET: Okay. KAY: Okay, a possibility is to possibly add “if required” to the condition, and that way we can confirm that with Public Work, and if it is required, then it will still be there as Condition No. 8. BEAUDET: Commissioners, any comment on the last discussion? WHITTEMORE: That’s Condition 8, again? KAY: That’s correct. WHITTEMORE: Okay. BEAUDET: So are we amending Condition 8? KAY: That’s the suggestion, yes. BEAUDET: And what will be the new language? KAY: So, “Prior to commencement of the proposed use, the applicant shall secure and finalize a change of use building permit, ‘if required,’ from the Department of Public Works Building Division.” BEAUDET: Okay. Any more comment or discussion, Commissioners? Okay. With that, I need a motion to move. WHITTEMORE: I’d like to make a motion. I move that the application for a Special Permit, Docket Number SPP 15-177, be approved based on the Planning Director’s recommendations, 7 EXHIBIT A findings, and proposed conditions, which shall be adopted, with the amended change to Condition No. 8 as recommended. NOBRIGA: I second. WHITTEMORE: Oh, excuse me, additional Condition, excuse me, 11 with respect to the tour buses. BEAUDET: May I have a second? NOBRIGA: I second. BEAUDET: It has been moved by Commissioner Hickcox and seconded by Commissioner Nobriga, oh, Whittemore. WHITTEMORE: We look alike. BEAUDET: Okay. It has been moved by Commissioner Whittemore and seconded by Commissioner Nobriga. Staff, do you want to take a vote? KAY: Yes, sir. Commissioner Whittemore? WHITTEMORE: Aye. KAY: Commissioner Nobriga? NOBRIGA: Aye. KAY: Commissioner Hickcox? HICKCOX: Aye. KAY: Commissioner Kaholo? KAHOLO: Aye. KAY: Commissioner Unger? UNGER: Aye. KAY: And Chair Beaudet? BEAUDET: Aye. KAY: Okay, motion carries five-nothing, six-nothing. BEAUDET: Thank you. And you’ll be informed in writing in the near future of today’s decision. Thank you. 8 EXHIBIT A HALL: Thank you. The discussion ended at 10:21 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 9 EXHIBIT A