Loading...
HomeMy WebLinkAbout2016-05-05 Hearing Transcript - Big Island Candies Amend REZ 05-023WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT MAY 5, 2016 A regularly advertised hearing on the application of BIG ISLAND CANDIES, INC. (REZ 05-023) was called to order at 9:12 a.m. in the County of Hawaii Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii with Chairman Charles Heaukulani presiding. COMMISSIONERS PRESENT: Charles Heaukulani, Gregory Henkel, Donald Ikeda, Myles Miyasato, and Raylene Moses. ABSENT & EXCUSED: Donn Dela Cruz. ALSO PRESENT: Duane Kanuha (Planning Director), Danny Patel (Deputy Corporation Counsel for the Windward Planning Commission), Daryn Arai (Planning Program Manager) (from 9:13 a.m.), Jeff Darrow (Staff Planner), Christian Kay (Staff Planner), and Sarah Hata-Finley (Commission Secretary). And 13 members from the public in attendance. APPLICANT: BIG ISLAND CANDIES, INC. (Amend REZ 05-023) Request for a 5 -year time extension to Condition C (time to complete construction) and Conditions D, E, and F (roadway infrastructure improvements) of Change of Zone Ordinance No. 06-114, which rezoned 45,450 square feet of land from a Single -Family Residential -10,000 square feet (RS -10) to a General Commercial -20,000 square feet (CG -20) zoning district to allow an additional production/storage facility and related uses. The properties are located on Kekuanao`a Street, at the northeast corner of Kekuanao`a Street and Hinano Street and the northwest corner of Kekuanao`a Street and Laukapu Street, Waiakea House Lots, Waiakea, South Hilo, Hawaii, TMK: 2-2-034: 066, 078 & 079. HEAUKULANL Okay, we'll take up the second matter on the agenda. Christian? KAY: Thank you, Mr. Chair. It'll just be a moment for swapping over presentations here. My lovely assistant, Jeff, here taking care of that. Jeff, can you pull the lid a little bit close? It's blocking the—yeah. Thank you. All right. Thank you, Mr. Chair and Commissioners. Good morning. If I can direct your attention to the screen. This next application is an amendment to a Change of Zone Ordinance 06-114. Applicant is Big Island Candies, Incorporated. The subject three parcels are located in the South Hilo District of Hawaii Island; more specifically, in the Waiakea Houselots area adjacent to the Big Island Candies complex here. Just for reference, we've got Manono Street, pardon me, Kekuanao`a Street running generally 10V1111.11 1.1 east -west through the slide. Laukapu Street running north -south, and Hinano Street, again, running north -south. The three subject parcels are outlined here in yellow. This is a little bit closer view of the same map with the zoning designations indicated. The three subject parcels, again, back in 2006 were rezoned to General Commercial — 20,000 square feet as indicated in this burgundy color. Surrounding zonings include Residential —10,000 square feet; Neighborhood Commercial — 20,000 square feet as indicated in pink, and Commercial Industrial Mixed Use indicated in the purple color. Again, for reference, Kekuanao`a Street is running at the bottom of the slide east -west. Laukapu Street and Hinano Street are running parallel to one another going north -south. Surrounding uses in the area are similar. They're commercial, light industrial, and residential. This is the State Land Use Map indicating that the subject parcel, as well as the entire surrounding area, are a State Land Use Urban designation as indicated in pink. And, General Plan Land Use Pattern Allocation Guide Map shows that the subject parcels are in the High Density Urban designation in red with Medium Density Urban to the west and Industrial designation in gray to the east. The Applicant is requesting an amendment to four conditions of this Change of Zone Ordinance No. 06-114. These are C, D, E, and F for more time to complete construction of a proposed 2 - story, 25,000 -square foot production storage facility and an open visitor's rest area, as well as additional time to complete and dedicate required roadway improvements on Hinano, Kekuanao`a, and Laukapu Streets. The current Condition C required the construction of proposed developments be complete in five years, as well as Condition D required that future road widening strips be subdivided and dedicated within five years. For these two conditions, the Applicant came in within those five years and asked for an administrative time extension and were granted that, so the reason that they're coming in now to the Commission is because that runs out August 8th of 2016. Conditions E and F required full roadway improvements to the project's frontage and quarter radius improvements at the intersections without a trigger, a time trigger, so that there was nothing in the condition to indicate a when it needed to be done. Here are some aerial photographs of the area. On the left, we're showing kind of the Big Island Candies properties. This is the main facility. To the north is a structure, a warehousea cold storage structure that was built in 2013. The subject parcels are outlined, again, in yellow. Again, for reference, Kekuanao`a Street running east -west through the parcel. On the right-hand side, we're zoomed in a little bit. The two parcels to the east are where that 25,000 -square foot production and storage facility are proposed to be built. Right now, it is vacant and apparently has been used as overflow parking for employees. To the west, we've got a parcel here that's got two existing single-family dwellings on it. Those are being proposed to be removed, and this is where the open area visitor's center would be. Here is the Applicant's submitted site plan. Again, Kekuanao`a Street running east -west through the slide. Laukapu Street and Hinano Street, again, just showing the proposed development here EXHIBIT B 2 on the eastern two parcels. The western two par the western parcel is showing, again, the existing single-family dwellings. Access to those dwellings is off of Kekuanao`a Street; however, when the open area, visitor's area, is developed, access would be from Hinano Street, and the same with the proposed production facility access would have to be off of Laukapu Street. Here's some photographs of the intersection of Laukapu and Kekuanao`a. Again, this is roughly where that production facility would be built. As you can see, it's vacant right now. From the other side here is the intersection of Hinano and Kekuanao`a, and here are the two existing single-family dwellings that will be removed in order to allow for the visitor's area. Just views of Kekuanao`a Street looking west with the subject parcels on the right hand side, and then Kekuanao`a Street looking east with the subject parcels on the left hand side. So, you know, the Applicant in their—in their application letter, and that's Exhibit 1, proposed some condition language, and I'm just gonna summarize that briefly for you. Condition C which was a construction condition, the Applicant asked for a five-year time extension to obtain Final Plan Approval and a time extension to complete construction within three years the date of that Final Plan Approval. They also, in Condition D, asked to remove the five-year deadline to subdivide and dedicate future road widening strips to the County, and to instead time those actions with the respective development of the parcels abutting the street as that occurs. The Applicant also requested to require dedication of future road widening strips prior to issuance of the Certificate of Occupancy. For Condition E, to clarify timing of the required full roadway improvements to the project's frontage along Kekuanao`a and Laukapu Streets, the Applicant is requesting that those improvements be timed in conjunction with the development of parcels abutting those streets, and that the completion of improvements be required prior to occupancy permits for the proposed development. And then finally Condition F, again, to clarify the timing of the required corner radius improvements at those intersections, the Applicant is requesting that those improvements be timed in conjunction with the development of parcels abutting those streets. There was no proposed compliance deadline in the proposed language that the Applicant put forth. So, we looked at those, that proposed language for those conditions, and we—we suggested some other language just in order to be consistent with our current standard condition language. And, for Condition C, instead of talking about Final Plan Approval within five years and then three years after that construction, we just said why don't we give the Applicant eight years from the effective date of the ordinance in order to get Final Plan Approval and complete construction. Again, it's consistent with our practice, our standard condition language, and also easier for us as the Planning Department to track for condition compliance as well as the Applicant. EXHIBIT B 3 The next three conditionsD, E, and F—are the roadway improvement conditions. And, basically, what we did to kind of match the eight years for completion of construction as we wanted to say, okay, eight years, all the roadway requirements would need to be completed or prior to issuance of occupancy permits for the proposed development, whichever is sooner. And, that's gonna be consistent through all the last three conditions, D, E, and F. And, again, just for our purposes, ease, and compliance, we decided that that was the language we should go with. With that, the Director is recommending forwarding a favorable recommendation to the County Council to amend Ordinance 06-114. I would just want to say one more thing, back to Condition C. In order to make it consistent with the other three conditions, if it's okay with the Commission, we wanted to add that eight years from the effective date of this amendment ordinance. So that would be the only change to the condition language that we have in your packet. Again, the Director is recommending a favorable recommendation to the County Council, and with that, I'd be happy to answer any questions the Commission may have. HEAUKULANL Nice work. Commissioners, any questions for Christian? Hearing none, thank you, sir. KAY: Thank you. HEAUKULANL Will the Applicant or the Applicant's representative please come forward? Good morning, gentlemen. Could I get you both to raise your right hands? Do you swear or affirm that you're gonna tell the truth on this matter now before the Planning Commission? MOORE: Yes. IKAWA: Yes. HEAUKULANL Thank you. And appreciate your speaking into the microphone. Please state your name, tell us where you reside, and what is on your mind this morning. MOORE: My name is Michael Moore. I'm the attorney for Big Island Candies. I reside here in Hilo. IKAWA: Allan Ikawa, President/CEO Big Island Candies. Reside in Hilo. HEAUKULANL Good morning. Did you have anything that you wanted to say this morning? MOORE: No, I think we're satisfied with the recommendations that your Planning Director has made, and we are here to answer any questions. HEAUKULANL And, you have received the Background Reports and the Recommendations? MOORE: Yes. EXHIBIT B 4 HEAUKULANL Including the amended conditions for approval? MOORE: Yes. HEAUKULANL And those are acceptable to you and your client? MOORE: Yes. HEAUKULANL Okay, Commissioners, anybody have questions? Hearing none, thank you. MOORE: Thank you. HEAUKULANL We did not have anyone signed up to testify on this matter. Is there anyone here this morning that would like to be heard on this matter? Hearing none, Commissioners, could I get a motion to close public testimony, please? MIYASATO: I make a motion to close public testimony. HEAUKULANL Thank you, Commissioner Miyasato. IKEDA: Second. HEAUKULANL Second by Commissioner Ikeda. Commissioners, all in favor, please signify by saying aye. COMMISSIONERS: Aye. HEAUKULANL Any opposition? Hearing none, motion to close public testimony carries. And, Commissioners, I would now accept a motion for action on this one. MIYASATO: Chair, I move that a favorable recommendation be forwarded to the County Council on the application to amend REZ 05-023 based on the Planning Director's findings, recommendation, and proposed conditions which shall be adopted. HEAUKULANL Thank you, sir. IKEDA: Second. HEAUKULANL Second. So we've got a motion by Commissioner Miyasato; second by Commissioner Ikeda. Christian, would you take the roll, please? KAY: I just wanted to clarify one thing, Mr. Chair. With—is that including the amendment to the condition that I brought out on—Condition C that I brought on the floor today? EXHIBIT B 5 HEAUKULANL You know, I thought that was included in the Recommendation that we got. Is that, is that not? KAY: I thought, as I read through it yesterday that we left out that amended portion in Condition C, and I just wanted to make sure. HEAUKULANL Yeah, look at it. Just correct it. You know, I think that's the motion, but I'll let Commissioner Miyasato clarify, but I thought when you mentioned it, that it might have found its way into the Recommendation that we got. KAY: Yeahno, it was on the screen. I apologize. I changed it on the screen just to show you, but in the actual language of the condition, it still reads within eight years from the effective date of this ordinance. I wanted to add this amended ordinance. MIYASATO: I'll accept the amended ordinance in the motion. KAY: Okay. HEAUKULANL And just, Mr. Moore, that's—that's acceptable to you? MOORE (from audience): Yes, it is, Chair. HEAUKULANL Fair, thank you. KAY: Thank you. Okay, I'll call roll. Commissioner Miyasato? MIYASATO: Aye. KAY: Commissioner Ikeda? IKEDA: Aye. KAY: Commissioner Henkel? HENKEL: Aye. KAY: Commissioner Moses? MOSES: Aye. KAY: And Chair Heaukulani. HEAUKULANL Aye. KAY: Okay, thank you. We have five aye votes. Motion carries. Thank you. EXHIBIT B 6 HEAUKULANL Thank you. Mr. Moore, we'll notify you of the Commission's decision in writing. MOORE (from audience): Thank you very much. HEAUKULANL Thank you for coming. The discussion ended at 9:25 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission EXHIBIT B 7