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HomeMy WebLinkAbout2015-12-03 Hearing Transcript - Mark Frost SPP 15-184 WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT DECEMBER 3, 2015 MARK FROST (SPP 15-184) A regularly advertised hearing on the application of was called to order at 9:02 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, Gregory Henkel, Donald Ikeda, and Raylene Moses. ABSENT & EXCUSED: Charles Heaukulani. 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), Maija Jackson (Staff Planner), Christian Kay (Staff Planner), and Sarah Hata-Finley (Commission Secretary). And approximately 7 people from the public in attendance. APPLICANT: MARK FROST (SPP 15-184) Application for a Special Permit to allow the establishment of a five-bedroom bed and breakfast operation within two detached two-bedroom suites and one one-bedroom guest house on a portion of a 6.025-acre property situated within the State Land Use Agricultural District. The property is located at 14-4838 Kapoho Beach Road. It is located the southwest corner at the intersection of Kapoho Beach Road and Ililani Street, Kapoho, Puna, Hawaiʽi, TMK: 1-4- 072:001. MIYASATO: Item No. 1 on our agenda, Applicant Mark Frost. DARROW: Good morning members of the Planning Commission, Mr. Chairman. MIYASATO/DELA CRUZ/MOSES: Good morning. DARROW: If I can direct your attention to our first agenda item. As mentioned, our applicant is Mark Frost. He is requesting a Special Permit for a bed & breakfast operation. The area of the subject application is within the Puna District of Hawaiʽi. More specifically, we’re looking in the Kapoho area. Just for reference, we have the Kapoho-Pāhoa Road, Highway 132 that comes makai from Pāhoa area, and reaches what we call four corners which is Highway 132 and Red Road. And, this particular area is made up of the Kapoho Farm Lots as well as the Kapoho Beach Lots. The farm lots are identified in light green, and the beach lots and Vacationland are identified in yellow. 1 EXHIBIT A The subject property is identified with a black outline, and access is from the Kapoho Beach Community Road. This is a closer view of the subject property and area. This is our County zoning map so the different colors represent the County zoning. The light green represents Agricultural – 1 acre. The darker blue represents Agricultural – 10 acre; and the dark green up on the top represents Open zoning. We also have yellow zoning towards the ocean which is Residential – 10,000 square feet zoning. This is our State Land Use designation map. The green represents Agricultural. The Urban is identified in pink, and the Open zoning correlates with the blue which is Conservation District. And, this is our General Plan Land Use Pattern Allocation Guide Map. The subject property is identified as Extensive Agriculture. The applicant is requesting a Special Permit to allow the establishment of a 5-bedroom bed & breakfast operation within two detached, 2-bedroom suites, and one 1-bedroom guest house on a portion of a 6.025-acre property. The property also has the primary farm dwelling, a barn, a propagation shed, and two shade houses used for the propagation and cultivation of palm trees. The bed & breakfast establishment will operate seven days a week and will have no additional employees at this time, and parking is provided on site. The remainder of the property is landscaped with over 4,000--I believe that number has been raised to 5 or 6 thousand—palms comprising of 350 different species, some of which are rare or no longer exist in the wild. This is the applicant’s site plan that was submitted with the application. For reference on our right side of the map is the Kapoho Beach Community Road which provides access in this general location. And then on the bottom, this is a corner lot, and it corners with Ililani Road. Just for reference, you have the main farm dwelling on the upper portion of the map with a detached bedroom that’s associated with, that’s located near the farm dwelling. There are also two detached, 2-bedroom units that are identified in red that will be used for the bed & breakfast, as well as one, 1-bedroom guest house which is identified in blue. And, it will also be used for the bed & breakfast. These are the, the barn and the sheds that are used for the propagation and cultivation of the palms, and the remainder of the property as we’ll see from site photos is landscaped with numerous types of palms. This is an aerial photo. Again, for reference, the top of the map is the access road, Kapoho Beach Community Road. This picture was taken when the, the actual detached bedrooms were not constructed, so we have the primary farm dwelling as well as the barn and the propagation sheds as well as the numerous palms that are identified on site. 2 EXHIBIT A This is the 1-bedroom guest house. They are all made out of bamboo, the detached units. This is a picture of the inside. One of the comment letters had suggested that these had kitchen units within ‘em, but through the site inspection as well as through correspondence with the applicant, it was approved for a wet bar which is located there. They do have a freezer refrigerator type unit but there are no cooking facilities associated with it. So, it does not meet the definition of a kitchen. To the right is the bathroom, and the bedroom is located upstairs. This is one of the 2-bedroom detached units. Again, made out of bamboo. The second one is located just behind this one. And, this is a picture of the inside with the two bedrooms side by side. And the kitchen area— oh, I’m sorry—the wet bar area. And this is a picture of just some of the palms and the shed on the property. Here’s a picture of the pool that’s also located outside. The Planning Director is recommending that the Planning Commission approve this with conditions. I do have several items to take of—one is we did receive a late comment letter from the Land Use Commission similar to our last hearing with Theresa Sommer who also asked for a B&B--they stating similar comments. Additionally, there was a comment letter from the Department of Water Supply that had concerns regarding the, the water usage on the property. The applicant has been working with Water Supply through, corresponding through emails, as well as the submittal of the plans, and we received an email from the Department of Water Supply, and I’ll just read this into the record. It says, based on the information, the additional information provided by the applicant, the department accepts that the additional water is not required for the existing public water system as there is capacity from the private water catchment systems on the subject property. Please be informed that the Department may install a flow reducing device on the meter should the consumption through the existing meter exceed its rated capacity. The applicant does have, I believe, it was approximately 40,000 gallons of on-site water storage there, so that was able to meet that. In response to that, the Planning Director would like to remove Condition No. 2 which was the request from the Water Supply since they have met their requirements. With that, that concludes our presentation. Thank you. MIYASATO: Commissioners, any questions for staff? IKEDA: Yes, I have a question. MIYASATO: Commissioner Ikeda. IKEDA: Mr. Darrow, did you receive a response from the State Historic Preservation Division about the— 3 EXHIBIT A MIYASATO: Use your mic, please. Your mic. IKEDA: Is it working? MOSES/MIYASATO: Yes. IKEDA: Oh, okay. Mr. Darrow, did we receive a letter from the Department of Land and Natural Resources, State Historic Preservation Division, about no effect? I think that’s the only thing that this whole letter had made, made any sense. Other than that, it didn’t make sense at all. DARROW: This would be Exhibit No. 7 on, in the Background. So there are, they have submitted a no, no effect letter. IKEDA: Okay, thank you. DARROW: Thank you. Thank you. MIYASATO: Will the applicant or representative please come forward? Right here— FROST: Oh. MIYASATO: Could you raise your right hand, please? Do you swear or affirm to tell the truth on this matter now before the Hawaiʽi County Planning Commission? FROST: I do. MIYASATO: State your name and residence. FROST: Mark Frost, and I live at the address 14-4838 Kapoho Beach Road. MIYASATO: Do you have any comments or anything to add to that presentation. FROST: No, I think he’s covered it. If I can answer any questions, I’m here and ready to do so. MIYASATO: Commissioners, any questions for the applicant? Okay, thank you. Is there anyone wishing to testify on this application? If not, can I have a motion to close public testimony? MOSES: I make a motion to close. IKEDA: Second. MIYASATO: All in favor? 4 EXHIBIT A COMMISSIONERS: Aye. MIYASATO: Any opposed? I call a close to public testimony on this application. Commissioners, any discussion on this? If not, I would just like to say that, you know, this is, it’s a unique bed & breakfast. I think you did a really good job. Those detached units are amazing, and I think that’s something unique and something to offer, nice to offer, for our visitors, so good job. FROST (from audience): Thank you. MIYASATO: With that, Commissioners, I’ll accept a motion. IKEDA: Mr. Chairman, I move that the application for a Special Permit, Docket No. 15-184 be approved based on the Planning Director’s recommendations, findings, and proposed conditions, which shall be adopted. HENKEL: Second. MIYASATO: A motion by Commissioner Ikeda, second by Commissioner Henkel. Any discussion on the motion? If not, you can call the roll. DARROW: If I could just clarify that this also includes the request to withdraw Condition No. 2? IKEDA: \[Nodded yes.\] DARROW: Thank you. HENKEL: Yeah, it’s good. DARROW: The motion before us is to approve the Special Permit request with the, including the deletion of Condition No. 2. With that, we’ll take the roll call. Commissioner Ikeda? IKEDA: Aye. DARROW: Commissioner Henkel? HENKEL: Aye. DARROW: Commissioner Dela Cruz? DELA CRUZ: Aye. DARROW: Commissioner Moses? 5 EXHIBIT A MOSES: Aye. DARROW: And, Mr. Chairman. MIYASATO: Aye. DARROW: The motion passes five to zero. MIYASATO: You’ll be notified in writing. The discussion ended at 9:15 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 6 EXHIBIT A