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HomeMy WebLinkAbout2015-11-05 Hearing Transcript - Theresa Sommer SPP 15-183 WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT NOVEMBER 5, 2015 THERESA SOMMER (SPP 15-183) A regularly advertised hearing on the application of was called to order at 11:05 a.m. in the County of Hawai‘i Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai‘i with Chairman Myles Miyasato presiding. COMMISSIONERS PRESENT: Myles Miyasato, Donn Dela Cruz, Charles Heaukulani, Gregory Henkel, Donald Ikeda, and Raylene Moses. ALSO PRESENT: Duane Kanuha (Planning Director), Danny Patel (Deputy Corporation Counsel for the Windward Planning Commission), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner), Lucas Mead (Staff Planner), Christian Kay (Staff Planner), and Sarah Hata-Finley (Commission Secretary). And approximately 11 people from the public in attendance. APPLICANT: THERESA SOMMER (SPP 15-183) Application for a Special Permit to allow the establishment of a 3-bedroom bed and breakfast operation within an existing dwelling, which includes two detached bedrooms, on 5 acres of land within the State Land Use Agricultural District. The property is located along the east side of Kawailehua Road (Road E) approximately 250 feet south of the Kawailehua Road (Road E)– Olomea Road intersection, Volcano Cymbidium Acres Subdivision, ʻŌlaʻa, Hawaiʽi, TMK: 1-9- 019:034. MIYASATO: Agenda Item No. 7, Applicant Theresa Sommer. DARROW: Thank you, Mr. Chairman. If I can direct your attention to our present—our next presentation. Our applicant is Theresa Sommer, and they’re requesting a Special Permit. The area of the subject application and property are within the Puna District of Hawaiʽi. More specifically, we’re looking in the area of Volcano. Again, this is the zoning, County zoning map identifying the different zonings in the area. You’ll notice that the different yellow type colors represent residential-type zoning, and the dark greens and the lighter greens and the blues represent Agricultural zoning. That funny looking cross-hatch is identifying the forest reserve, so that’s what—the subject property actually adjoins the forest reserve, and it’s identified in the black outline. This is a closer view. The subject property is actually located within the Volcano Cymbidium Acres Subdivision. This is on Kawailehua Avenue or what we call Road E, and it is zoned Agricultural – 20 acres. The actual property itself is five acres in size. 1 EXHIBIT G For reference, again, we have forest reserve that’s just to the east. The darker color represents Agricultural – 20 acre zoning. The lighter blue represents Agricultural – 3 acres, and we have some residential zoning on the lower portion of the map. You may be familiar with Wright Road. That provides access from the highway. This is the State Land Use Boundary Map. The subject property is within the State Land Use Agricultural District. The pink represents Urban, and the blue represents Conservation which is consistent with the forest reserve area. This is our General Plan Land Use Pattern Allocation Guide Map. The subject property is mainly Important Agricultural with some Extensive Agriculture. The darker brown represents Rural, which is half of the subdivision, and the mustard color represents Low Density Urban uses. This is the Puna Community Development Plan, Volcano Community Village Center Map. The subject property is in this general area. The actual Village Center is identified with a black dot outline, and it is outside of that particular area. This is an aerial photo. Again, we have Road E that provides access. The subject property is identified with a red outline. There are several structures, currently construction on the property with a majority of the property remaining vacant. The applicant is requesting a Special Permit to allow the establishment of a 3-bedroom bed and breakfast operation within an existing dwelling which includes two detached bedrooms on five acres of land within the State Land Use Agricultural District. This is a site photo. This is Road E looking north, and the subject property is on the right. This is the main dwelling, yeah, there’s—I guess it was Halloween coming up and--. This is the two- bedroom detached structure that was actually originally permitted as an equipment shed and is going through the conversion at this time to be two detached bedrooms. This is within that two detached bedroom area. This is one of the bedrooms, and this is the other area that’s used as a bedroom. This is within the first floor in the main three-story dwelling, and this is the third bedroom that’s used for the bed and breakfast operation. The Planning Director is recommending that the Planning Commission approve this Special Permit request with the conditions within the Recommendation. Just for reference, we did receive two comment letters after the Background and Recommendation was distributed to the Planning Commission. These include comments from the Department of Public Works as well as the Department of Land and Natural Resources, State Historic Preservation Division. And, these were passed out to the Commission. With that, that concludes our presentation. Thank you. 2 EXHIBIT G MIYASATO: Commissioners, any questions for staff? I have, I have one. My question is on Exhibit 6, Planning Department Exhibit 6. DARROW: Ah, yes. MIYASATO: Why was the Land Use Commission involved on a five-acre parcel? DARROW: They, this has been an interesting conflict that we’ve had. If—I hope it’s okay with the Planning Director if I discuss this issue. What’s happened is State law has changed recently, and they talk about it on page 2, the top paragraph there. And it, it identifies overnight accommodations relating to agricultural tourism. And, basically, the argument is, is that because State law allows this particular use in the County with three islands, which obviously is Maui, that, therefore, it’s prohibited in all other counties. We’ve, the Planning Director, has taken the stance that if these applications come before the County, and obviously in this particular case, this is a bed and breakfast operation, and not specific to agriculture tourism, so we look at this differently. And, it’s, from as far back as we can remember, they’ve been approved through the Special Permit process. It’s still falls under the jurisdiction of the County, and the County Planning Commission, and so the Planning Director feels this is a reasonable and unusual use and meets the criteria for a Special Permit to be approved through the Planning Commission. MIYASATO: Okay, thank you. DARROW: Thank you. MIYASATO: Commissioner Ikeda. IKEDA: Mr. Darrow, when I looked at the conditions, I didn’t--I didn’t see anything that stated about, you know, since they’re on a water catchment, I didn’t see anything about, you know, minimum requirements, and although, you know, the Fire Department states that you need at least 12,000 for a 3,000-square foot space. DARROW: The applicant may be able to address that. They have been actively working with the Fire Department on those regulations. If I can go back a little here to our aerial. There are actually, this right here, it looks like it’s a tree, but it’s actually a large pond, and so the Planning, the Fire Department has, the applicant and the Fire Department have been working out to resolve that request by utilizing this pond for fire requirements. Thank you for that question. MIYASATO: Any further questions for staff? Okay, would the applicant or representative please come forward? Raise your right hands, please. Do you swear or affirm to tell the truth on this matter now before the Hawaiʽi County Planning Commission? SOMMER/KRUPPA: I do. MIYASATO: Could you please state your name and residence? 3 EXHIBIT G KRUPPA: Good morning, my name is Suzanne Kruppa. I’m the landowner, but I currently reside at 59-1104 Kohala Ranch Road in Kamuela. SOMMER: My name is Theresa Sommer. I currently reside at 19-4252 Kawailehua in Volcano. MIYASATO: Okay, thank you. Do you have any comments or anything to add to the presentation? KRUPPA: Yes, I do. First of all, I would like to express my appreciation to staff and in particular Mr. Jeff Darrow for all the help that he’s provided us in walking us through this somewhat difficult process. We’re very grateful to have that kind of support from the Planning Department. And, second of all, we do accept the conditions that the Planning Director has imposed that we would have to meet in order to get the permit. We have no problem with any of them. MIYASATO: Thank you. Commissioners, any questions for the applicant? Commissioner Ikeda. IKEDA: Yes. According to Mr. Darrow, you guys solved your minimum water requirement for fire protection with the pond? SOMMER: I’ve been working with the Fire Department on that, and the pond is not going to be a viable use at this point, but we are working with them to provide the catchment system that they require, and they know that we’re in the process of doing that. We’re getting some quotes on what we need to do in order to provide the minimum 6,000 gallons that they require. IKEDA: I think its 12,000 because isn’t your property 3,000+? SOMMER: It is, and in speaking with them, they have granted us a variance because it’s 3,042 square feet for the main house which is what they count. They’ve granted us a variance to go with just 6,000 instead of twelve. MIYASATO: Commissioners, any further questions for the applicant? Thank you. I have no one signed up for public testimony. Is there anyone wishing to testify on this application? BUKALSKI: (from audience): Yes, please. MIYASATO: Please come forward. Could you raise your right hand? Do you swear or affirm to tell the truth on this matter now before the Hawaiʽi County Planning Commission. BUKALSKI: Yes, I do. MIYASATO: State your name and residence, and you’ll have three minutes. 4 EXHIBIT G BUKALSKI: Thank you. My name is Bob Bukalski, 19-4228 Kawailehua, Volcano. We are three lots down from the applicant. I have a general question regarding a use available under a bed and breakfast license. I’ve had very amicable discussions with the applicants, and one item on their website speaks to reunions, retreats, special events, other sort of non-traditional I guess if you would say B&B applications—I have a copy for the Commission if they’d like. My question is, are such special events as they have identified as reunions, retreats, of the entire ranch that may be rented in advance with notice and accommodating up to 14 people. Your rental will include breakfast preparation, special amenities. We can arrange for special catered lunch, dinner an additional charge. And it notes weddings, if you decide to have a destination wedding, we can make it memorable. For \[inaudible\] gathering of our entire ohana, the vision reality, let’s create a spectacular outdoor venue on our ranch grounds with tenting, twinkle lights, and have a rustic yet elegant barn wedding. Even more room for guests, no problem, we can coordinate with other B&B’s in the area. To everyone’s place, to stay by—let’s take care of the details including basic consultation, coordination of full service planning are available. Would such a use be permitted under a B&B license? MIYASATO: Director? Or Jeff? DARROW: Thank you, Mr. Chair. We’re unaware of those requested uses. And, in the past, we have had bed & breakfasts that have requested those types of uses in conjunction as being accessory to the bed & breakfast use which have been approved through the Planning Commission such as holding wedding retreats, usually with, in conjunction with staying at the bed & breakfast, but in this particular case, it is, it has not been requested. It might be good to have the applicant come forth now. If, if that’s their intention, we would request that the applicant come back in for an amendment to the permit. BUKALSKI: If I might just say, if such a use would require a separate permit, we’d have no problem whatsoever with the application as it going forth for a B&B, but if this would be included, such a permit would be, use would be included within their current B&B license, we would have an objection. MIYASATO: Can the, will the applicant please come forward? Just as a reminder that you’re still under oath, yeah? Could you please, would you like to comment on--? SOMMER: My understanding is that in the event we were going to hold weddings or anything of that nature, it would be a separate permit, and that’s why I have not applied for one because we don’t have any interest in anything at that time, at this time. But, it’s something that we have on our website for the general public if they wanted to inquire on it. But, at this time, we have no plans for any of that. MIYASATO: Okay, thank you. DARROW: If I might add, it, if the Planning Commission approves this today, this Special Permit request, that would just be an amendment to this permit. That’s all it would be. It 5 EXHIBIT G wouldn’t be a separate—although we would go through a similar process. But, it would just be an amendment to this permit. BUKALSKI: Would that be, require then for a per event use or permissible for multiple events in the future. DARROW: It would be a use that would be permitted on, as part of the permit ongoing. Now, through that process, if there were concerns regarding hours of operation or amounts of people or whatever those concerns are, those could be addressed through the process. BUKALSKI: But, there would be a public hearing on it? DARROW: Yes. BUKALSKI: Then no objection whatsoever. DARROW: Okay, thank you. MIYASATO: Okay, thank you. Okay, do you have anything further? ARAI: Maybe I should add just to make sure everyone is well aware of the process, the application process, the review by consulting agencies, it takes time. It takes about three months to just, to get to this point where it’s before you for consideration. As we’ve treated other applications, if a website is promoting a use that is not permitted, then our inclination is that the website not advertise something that is not allowed by a permit should it be granted. So, there’s gonna have to be a point if the applicants’ wish to consider and seriously consider uses beyond just the B&B, they should make that decision soon. Because if not, it’s gonna be too difficult if they commit to a client and then we then have a three-month processing period with no assurance that’s going to be approved. Just something to keep in mind. MIYASATO: Okay, thank you. Commissioners, any questions for the testifier? Thank you. BUKALSKI: Thank you. MIYASATO: Is there anyone else wishing to testify on this application? If not, can I have a motion to close public testimony on this application. IKEDA: Move to close public testimony. MOSES: Second. MIYASATO: All in favor? 6 EXHIBIT G COMMISSIONERS: Aye. MIYASATO: Any opposed? I call a close to public testimony on this application. Commissioners, I’ll accept a motion at this time for this application. MOSES: I move that the application for amendment \[sic\] to Special Permit No. 15-183 be approved based on the Planning Director’s recommendation, findings, and proposed conditions which shall be adopted. HENKEL: Second. MIYASATO: Okay, I have a motion by Commissioner Moses and a second by Commissioner Henkel. Any discussion on the motion? You can call the roll. DARROW: Thank you, Mr. Chairman. Just for clarification, Commissioner Moses, this would be a Special Permit? It was mentioned about an amendment. We just want to be clear on the record. Special Permit? MOSES: Special Permit. DARROW: Thank you. The motion before us is to approve this Special Permit request. With that, we’ll take the roll. Commissioner Moses? MOSES: Aye. DARROW: Commissioner Henkel? HENKEL: Aye. DARROW: Commissioner Dela Cruz? DELA CRUZ: Aye. DARROW: Commissioner Heaukulani? HEAUKULANI: Aye. DARROW: Commissioner Ikeda? IKEDA: Aye. DARROW: And Mr. Chairman. MIYASATO: Aye. 7 EXHIBIT G DARROW: The motion passes six to zero. MIYASATO: You’ll be notified in writing. The discussion ended at 11:25 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 8 EXHIBIT G