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Home My WebLink About2016-02-04 Hearing Transcript - Rick and Justin Porter SPP 15-186 WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT FEBRUARY 4, 2016 RICK AND JUSTIN PORTER A regularly advertised hearing on the application of (SPP 15-186) was called to order at 9:06 a.m. in the County of Hawai‘i Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai‘i with Chairman Charles Heaukulani presiding. COMMISSIONERS PRESENT: Charles Heaukulani, Donn Dela Cruz, Gregory Henkel, Donald Ikeda, Myles Miyasato, 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), Christian Kay (Staff Planner), and Sarah Hata-Finley (Commission Secretary). And approximately 13 people from the public in attendance. APPLICANTS: RICK AND JUSTIN PORTER (SPP 15-186) Application for a Special Permit to convert a portion of an existing single family dwelling into an approximately 500-square foot certified kitchen to accommodate the manufacture and distribution of salsa. The 20,000-square foot property is situated within the State Land Use Agricultural District and located along the east side of Amepela Road, approximately 110 feet south of its intersection with Lewa Lani Street in the Mark Twain Estates Subdivision in Papohaku, Ka‘ū, Hawaiʽi, TMK: 9-4-007:003. HEAUKULANI: The first item on the agenda is our Item No. 1, Applicants Rick and Justin Porter, SPP 15-186. It’s an application for a Special Permit to convert a portion of an existing single family dwelling into an approximately 500-square foot certified kitchen to accommodate the manufacture and distribution of salsa. The 20,000-square foot property is situated within the State Land Use Agricultural District and located along the east side of Amepela Road, approximately 110 feet south of its intersection with Lewa Lani Street in the Mark Twain Estates Subdivision in Papohaku, Kaʽū, Hawaiʽi, TMK: 9-4-007:003. And, Christian stands ready to present for us. Thank you. KAY: Thank you, Mr. Chair and Commissioners. Thanks for coming today. As Chair Heaukulani said, this is for a Special Permit. The subject 20,000-square foot parcel is located in the Kaʽū District of Hawaiʽi Island; more specifically, in the Mark Twain Estates Subdivision indicated on this map with this red dot. For your reference on the map running generally east- west is Māmalahoa Highway, and running kind of north-south here is Kamāʽoa Road. 1 EXHIBIT A This is zoomed in a little bit more. As you can see now outline in black, the subject parcel is zoned Agricultural – 1 acre, as are the rest of the parcels in the Mark Twain Estates Subdivision. Lands surrounding it are zoned Agricultural – 20 acres. This parcel directly to the east of the subject parcel is a State-owned, undeveloped parcel. The General Plan Land Use Pattern Allocation Guide Map designates the subject parcel as Rural, and the surrounding area as Extensive Agriculture. The State Land Use District Map designates the subject parcel and all the surrounding area as Agricultural. And, here’s an aerial photo of the property now outlined in red. As you can see, kind of the surrounding areas are residential in nature, surrounding properties. The Applicant is requesting a Special Permit to convert an existing garage and lanai into a certified cold kitchen to make and distribute salsa to retailers throughout the State. The area to be converted is about 500 square feet in size and located on the first floor of the 1,530-square foot dwelling. The certified kitchen will include a walk-in refrigerator, dry storage area, preparation counter and sinks. The hours of operation will be Monday thru Friday, 8 a.m. to 5 p.m. The certified kitchen will not be open to the public so there will be traffic or customers coming to the property other than raw material delivery once every three months. In the dashed outline here is the area that is going to be converted into the cold kitchen. There’s the garage area and lanai area. This drawing shows a little bit more specifically within that same area where the different components are going to be, so this is the cold kitchen area here, the cold storage or walk-in refrigerator, and then the dry storage area here in the garage. Here’s some photographs that the Applicant provided to us. This is looking at the frontage of the property along Amepala Road. Here is the entrance to the garage area where the certified cold kitchen is going to be. And here’s an interior shot of a proposed commercial area on the ground floor again of the, of the existing dwelling. The Director is recommending approval of the Special Permit with conditions. With that, I’m complete with my presentation and happy to answer any questions the Commission may have. HEAUKULANI: Thank you, Christian. Commissioners, anyone have questions for staff? Would the Applicant or the representatives or both, please come forward? Good morning, sir. PORTER: How are you? HEAUKULANI: I’m very good. How are you? PORTER: Good. 2 EXHIBIT A HEAUKULANI: Sir, could you raise your right hand for me, please? Do you swear or affirm to tell the truth on this matter now before the Planning Commission? PORTER: I do. HEAUKULANI: Please have a seat, and please state your name for the record and the area in which you reside. PORTER: My name is Rick Porter. I live at 94-19, -1944 Amepela Road, Nāʽālehu and— HEAUKULANI: Okay, sir, do you have anything you want to add? We’ve read the materials that you submitted to the Department. PORTER: No, I have nothing else. It was mentioned that the zoning is 1 acre. It is half acre zoning. HEAUKULANI: I had just a couple of quick questions. How long have you, your family been in this business? PORTER: About three years. HEAUKULANI: And was I correct that it looked like everyone involved in the project is a Porter, so— PORTER: —Correct— HEAUKULANI: —your parents own the property— PORTER: —No, no, no, no, no— HEAUKULANI: —and you— PORTER: —I own the property. Well, thank you very much. It’s a compliment. No, I own the property. We started the business. It’s basically a legacy for my son; it’s a father-son operation. As you may know, Nāʽalehu is not exactly the employment capitol of Hawaiʽi. So, we started business. I’ve owned other businesses in the past, and this is my first venture in the wholesale food business, and we’re just struggling along, small—small company that’s attempting to grow and do the right things. HEAUKULANI: Very good. Good luck to you. Commissioners, anyone have questions of the Applicant? Yeah, go ahead. MIYASATO: Mr. Porter, have you had a chance to review the conditions by the Director, and do you have any comments or are they all— 3 EXHIBIT A PORTER: No, I’ve already put out a couple fires there. I dealt with the water people, made them comfortable— HATA-FINLEY: Microphone. PORTER: Sorry, does this work? Yeah, okay, I’ve talked to the water people. They’re happy. And, the next step is the sanitation folks, and I think I can comply with their wishes. Everything else will come up during the Building Permit process, and I see no, no problems. MIYASATO: Okay, thank you. HEAUKULANI: Any other questions? This is right in your neighborhood. You sure you don’t have any questions? MOSES: None. HEAUKULANI: Very well, thank you, sir. I don’t have anyone that’s signed up to testify. Is there anyone in the audience that wants to sign up to testify on this matter? Seeing none, Commissioners, I need a motion to close public hearing, please? DELA CRUZ: I move that the application for the Special Permit, Docket No. SPP— IKEDA: Close public hearing first— DELA CRUZ: Oh, my bad. IKEDA: Move to close public testimony. MOSES: Second. HEAUKULANI: Motion by Mr. Ikeda to close public testimony. I just need a second, please? MOSES/DELA CRUZ: Second. HEAUKULANI: We have competing seconds, so since it’s your neighborhood, Ms. Moses seconds. Commissioners, a motion by Commissioner Ikeda to close public testimony. All in favor, aye? COMMISSIONERS: Aye. HEAUKULANI: Opposed? None. Good. Public testimony, the public part of this hearing is closed. Commissioners, is there a motion for action? 4 EXHIBIT A MOSES: I move that the application for a Special Permit, Docket No. SPP 15-186 be approved based on the Planning Director’s recommendation, findings, and proposed conditions which shall be adopted. HEAUKULANI: Do we have a second? IKEDA: Second. HEAUKULANI: Sorry, who was it? Mr. Ikeda? So, motion by Commissioner Moses; second by Commissioner Ikeda to approve. Commissioners, everyone in favor signify by saying aye? COMMISSIONERS: Aye. HEAUKULANI: Any opposition? Motion carries. Sir, you will be notified of the Commission’s decision in writing. Thank you for coming this morning. Good luck to you. The discussion ended at 9:14 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 5 EXHIBIT A