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HomeMy WebLinkAbout2018-03-01 Hearing Transcript - Jeffrey PrimackWINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT MARCH 1, 2018 A regularly advertised hearing on the application of JEFFREY D. PRIMACK (SPP 17- 000194) was called to order at 9:02 a.m. in the County of Hawaii Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii with Chairman Joseph Clarkson presiding. COMMISSIONERS PRESENT: Gilbert Aguinaldo, Joe Clarkson, Donn Dela Cruz, Donald Ikeda, Myles Miyasato, Thomas Raffipiy, and John Replogle. ALSO PRESENT: Michael Yee (Planning Director), Malia Ho Hall (Deputy Corporation Counsel for the Windward Planning Commission), Jeff Darrow (Planning Program Manager), Christian Kay (Planner), Shancy Watanabe (Planner), and Sarah Hata-Finley (Commission Secretary). And 3 members from the public in attendance. APPLICANT: JEFFREY D. PRIMACK (SPP 17-000194) Continued hearing on an application for a Special Permit to legitimize the operation of a Qigong/wellness retreat, including overnight accommodations for up to twelve guests and the development of a certified kitchen on an approximately 15 -acre portion of a larger 98 -acre parcel of land situated within the State Land Use Agricultural District. The subject property is located at 31-1049 Kulike Place, approximately 2,200 feet south of its intersection with Kama`e`e Road, Kama`e`e Homesteads, North Hilo, Hawaii, TMK: (3) 3-1-004:009. CLARKSON: So, we will continue to the next item on the agenda which is an application by Jeffrey Primack? MIKKELSON (from audience): Yes. CLARKSON: SPP 17-000194. If the staff can make the initial presentation, please? KAY: Yes, thank you, Mr. Chair. Good morning, Commissioners. Welcome to our new Commissioner, and we're going to be sad to see you go to Myles. As the Chair said, the first application is for a Special Permit. The subject parcel is located in the North Hilo District of Hawaii Island; more specifically, in the Kama`e`e Homesteads area. Just for your reference, this is Wailea, Hakalau here so it's mauka of those towns. For reference, we've got Highway 19 running generally north -south through the slide here, and Kama`e`e Homestead Road is running generally east -west here. The Applicant is requesting a Special Permit to legitimize the operation of a Qigong wellness retreat including overnight EXHIBIT A accommodations for up to 12 guests and the development of a certified kitchen on an approximately 15 -acre portion of a larger 98 -acre parcel of land. The Applicant is proposing to offer up to six retreats and workshops each year by reservation only. Each retreat will last for approximately seven to ten days and be taught by Mr. Primack and two to three assistants. The length of the retreats would be determined by the level of skill of the participants. First-time Qigong retreat participants would likely be there three to four days, and return guests would have longer stays for more intense instruction. Retreats will consist of Qigong healing practice, meals and food -based healing, river hiking, artwork, and fellowship. Retreat activities are proposed to take place between 6 a.m. and 10 p.m. The property is improved with a permitted 1,041 -square foot, two-story, one -bedroom yurt structure. A full-time caretaker lives in this dwelling year round, and will share the structure with the Applicant and his assistants during retreats. Adjacent to the dwelling is a detached garage with an as -built photovoltaic solar system that will supply electricity to the dwelling and has the capacity to supply the rest of the proposed development. The garage also has attached shower stall facilities in the rear of the structure. There are four existing 12- by 16 -foot ag storage structures that are built on skids. The Applicant proposes to relocate the structures to a permanent location and permit them as bungalows to be divided into two rooms furnished with a double bed and end table, with no plumbing, for a total of eight additional bedrooms. The Applicant is proposing to permit several unpermitted open shed structures that currently house toilets for guests to use as well as building additional bathing and bathroom facilities for guests. The Applicant is proposing the construction of a detached 960 -square foot certified kitchen that will include a bathroom, lanai, and food -grade, sealed water tank with County water to be delivered by truck to provide meals, snacks, and smoothies to guests. The Applicant is proposing the use of a removable 1,200 -square foot, 40 by 30 open tent structure for cover during retreat activities. This tent will be erected for the duration of the retreat, and then removed and stored until the next retreat. The Applicant is proposing to install an additional 10,000 -gallon catchment with a monument for fire -fighting purposes and additional septic systems as required by the State Department of Health. The Kama`e`e and Wa`awa`a Streams cross the property, and the Applicant is proposing river hikes as part of the retreat operation. The river hikes will be concentrated within the 15 -acre permit area. The Applicant is requesting this because he's been a student of Qigong since 1996 and has been teach Qigong and food -based healing technique workshops and seminars in Florida and around the world. The Applicant purchased the subject property in 2008 as a personal retreat for time off from a busy schedule and much needed relaxation. Soon after his house was built, he extended invitations to his close inner circle of friends, associates, and a few of the regular attendees and practitioners of Qigong from events around the mainland. EXHIBIT A 2 In January of 2017, the Applicant was cited with a Zoning Code violation for offering unpermitted retreat functions on the subject property. The Applicant chose to request a Special Permit to allow for special events to be provided on the subject property as a corrective action of the Zoning Code violation. So, here is the County zoning map with the subject parcel outlined in yellow, and outlined in the red -dashed area is generally the 15 -acre permit area. The zoning for the subject parcel and much of the surrounding areas is Agricultural – 20 acres and some forest reserve zoning mauka of the parcel, and that's the Hilo Forest Reserve. The State Land Use designation for the subject property and much of the surrounding area is Agricultural with the Conservation District indicated in light blue; again, associated with the Forest Reserve. And, our General Plan pardon me, sorry, yeah, there we go, too far—General Plan Land Use Pattern Allocation Guide Map designates the subject parcel as Important Agricultural Lands with Conservation again associated with the Forest Reserve. Here are two aerial photographs of the subject parcel. On the left hand side, you'll see the entire parcel outlined in yellow with generally the permit area outlined with the red dashes. The other red line here is the roadway leading up to the subject parcel, and this is generally about 13 feet wide of a graveled surface, and it crosses via easement over several other parcels. On the right hand side, you'll see a little more zoomed in area of the permit area—and, sorry, it's a little difficult to see, but as you come into the permit area here, here's the general location of those existing open shed areas housing the toilets. There's a catchment tank here. This is the area of the yurt structure, the detached garage, and this is the 20 by 30 tent structure. And, then over here, are the four Agricultural storage structures that are being proposed to turn into bungalows. And, here is the Applicant's submitted site plan. On the right-hand side, again, I just wanted to show the entire parcel and the general area of the permit area, and on the left-hand side it's zoomed in a little bit better again showing the existing kind of toilet areas, existing catchment, existing yurt dwelling, the tent area for proposed parking. Here's that garage, and then, here is kind of a general location of those proposed bungalow structures in relationship to the garage and the main dwelling. We've got here on the right-hand side the proposed commercial kitchen with a new proposed septic system, the proposed sealed food -grade water tank and another proposed catchment, meditation area toward the back of the property, and highlighted here would be the areas of the river hikes along the Wa`awa`a Stream and the Kama`e`e Stream. Again, going to be limited to that 15 -acre permit area. Here's some photos of the site that we took the other day. On the upper left-hand side is a view of the existing yurt dwelling. On the upper right-hand side are a view of those open sheds that are used as bathroom facilities. On the lower left is a view of the event tent area, and on the EXHIBIT A 3 lower right is a view of the garage with solar panels here on the roof, and the three shower stalls that are attached to the back of the garage. Here is a front view of one of the four proposed bungalows. A side view of the bungalows. On the lower left is a view of the inside of the structure and a view of the foundation which, again, is temporary in nature, built on skids so they can be moved. And, here's a view of the stream hike area where there's a nexus where the two streams come together. This is generally around the area of the tent. The water was pretty high that day so hopefully when it's calmer, it'll be an easier hike. And, here's some photos of the existing driveway condition. Just showing, again, that they're graveled, and then on the right hand side, you'll see in some steep pardon me—some steep areas, there's actually concrete paving to help with, to help with traction. The Planning Director is recommending approval of the Special Permit with conditions, and that's the end of my presentation. I'd be happy to answer any questions that the Commission may have. CLARKSON: Are there any questions from any Commissioners? Please proceed. REPLOGLE: Yes, I have one. KAY: Okay. REPLOGLE: Considering that it's next to the forest reserve, and that there will be people possibly coming from all over the place to attend a retreat, has any consideration been given to biosecurity for this operation such as sanitation for Rapid `Ohi`a Death, removal of seeds, cleaning your packs and the stuff you're bring there. No sense having it get out there and spread into our forests. We're already facing many issues regarding biosecurity. In other words, there may not be coqui frogs there. Why bring `em? Thank you. KAY: Yeah, so it's not something that was explicitly stated in the application or a consideration that we thought of at this point. However, they are proposing to use a van to bring in their guests so it would be kind of a smaller number of vehicles that are going to be accessing it, so we could add a condition that requires them to kind of hose down and those types of things so they're not bringing— REPLOGLE: —Yeah, it's not my intention to make it difficult. It's to keep Hawaii Hawaii. KAY: Understood. Thank you. REPLOGLE: Thank you. CLARKSON: Any other questions? I have one question. KAY: Yes, sir. EXHIBIT A 4 CLARKSON: Is there any provision for enforcing or requiring the guests to stay within the 15 - acre limitation? In other words, will that be fenced or otherwise marked so that guests know that they are not to go any further than the boundary of that 15 acres? KAY: Right, so, that wasn't proposed, fencing or anything like that. There was a situation where we did receive in the application a metes and bounds survey showing the 15 acres, but it did not include the driveway, that on their property that was accessing the permit area. So, we've asked as a condition to have them submit another metes and bounds survey to show that driveway as part of the 15 acres so they're going to have to reduce some of the 15 acres that you see on their map to kind of keep with, you know, under that 15 acres so it doesn't have to go to State Land Use Commission. You could ask for it to be marked—add a condition for it to be marked or fenced. It's up to the Commission. CLARKSON: I have one other KAY: —Sure. CLARKSON: question. Has anybody looked at the easement to the property to verify that commercial uses are acceptable within the terms of the easement? KAY: We have looked at the easements across all of the parcels that this roadway crosses to get to the property. There's no mention to any commercial uses just for access. CLARKSON: So, there are no restrict—okay. KAY: Yeah. CLARKSON: Thank you. There being no further questions for staff, will the Applicant or their representative please come forward? Or both. Would you please raise your right hands? And, do you swear or affirm to tell the truth on this matter now before the Planning Commission? MIKKELSON: I do. PRIMACK: Yes. CLARKSON: Thank you. Please, whoever, whenever you start speaking, state your name, where you reside, and who you are representing if an organization or whether you're representing the Applicant or yourself, and speak directly into the microphone, please, so we can get a clear record. PRIMACK: My name is Jeff—Jeff Primack. Is this on? Yeah, now it is. [Referring to the microphone.] Hi. My name is Jeff Primack I'm a resident of Coral Springs, Florida and Hakalau, Hawaii, and I love it here, and I am the Applicant representing the Applicant. EXHIBIT A 5 MIKKELSON: My name is Lori Mikkelson. I've been working with Mr. Primack for quite some time. I live in Laupahoehoe. Actually, I would like to address a couple of things if you don't mind. There's been some mention of the road and the bridge. The bridge is down at the intersection, right by the intersection of Kama`e`e and Kulike Road, Place, and that bridge was approved by the County under another situation with a subdivision request and a complaint that was made by a neighbor for road improvements. And, Robert Usagawa of the Planning Department helped that owner arrange to get that bridge built. It used to be an old wooden bridge that was from the old sugar cane. It was pretty rough, and so, he rebuilt it. It's been strong enough to manage many, many, many cement trucks, 80,000 -pound cement trucks. Our proposal, since its part of their conditions, is that we would retain the services of a structural engineer and a civil engineer to allow for expansion of that bridge as it stands, just to expand it wide enough to meet the Fire Code recommendations, requirements, and fix it, so that that would be an issue regarding the width of the road, again, to meet the Fire requirements. That can be managed by more gravel and removing a few trees to widen the road. There's nothing up there to change that or solve that. So, that was what I wanted to address. Also, regarding the `ohi`a and the interest of the bio of our properties, Mr. Primack is working with the USDA to get some grants for reforestation up there. There's a lot of eucalyptus trees, and he'd like to replace them with, you know, native, local trees, and so he's working to get grants to do that. I would assume that that would be addressed within that situation. Is there anything else you need to say? PRIMACK: Not at the moment. MIKKELSON: Any questions? CLARKSON: Well, did you receive the Planning Director's Background Report MIKKELSON: We did CLARKSON: —and Recommendations? MIKKELSON: Absolutely. CLARKSON: And, do you agree with the Recommendations and conditions? PRIMACK: Yes, I'm really eager to comply, you know, with all the terms and be able to do my Qigong retreats legitimately. Yes, they seem agreeable, and yeah. CLARKSON: Commissioners, any questions for the Applicant? EXHIBIT A 6 RAFFIPIY: I have a question. On the length of stay, it was seven to ten days, and it also says that for returning clients, they may stay longer. When you say longer, is ten the max or you stay past the ten? PRIMACK: I think ten is the max, you know. I usually—all my retreats in the past are seven days. I think saying ten is just like to have a safe net if somebody does stay a few days longer, but we don't go beyond that, yeah. RAFFIPIY: Okay, thank you. CLARKSON: Any other questions? I have a question about the proposed use of a van which on the face of it would appear to reduce traffic by putting everybody in the same vehicle. These visitors will all be flying in on the same flight? PRIMACK: Tends to be the same day, and I just make a few trips to go pick them up. CLARKSON: Okay, so they do not normally go other places on the island? PRIMACK: They do after. CLARKSON: Afterwards? PRIMACK: Yeah, usually I just drop people off Downtown. CLARKSON: Okay. PRIMACK: Yeah. CLARKSON: At a rental car place? PRIMACK: Usually, yeah, they want to continue their trip, yeah often. CLARKSON: But, not staying at your place? PRIMACK: No. Peopleusually, my place, they want to go see other Hawaii, you know, they have heard all these great things. They don't want to spend the entire time on my property, so CLARKSON: Okay. PRIMACK: Yeah. CLARKSON: And, there would be nobody, there will be no overnight accommodations except for the retreat participants? PRIMACK: Correct, yeah. I agree, that I solemnly agree to, yes. It's really for people who are coming from far away. They're experiencing the nature that's there. You know, it's not even EXHIBIT A 7 practical to stay somewhere else, and they enjoy it, and then they leave and they're not, you know, it's not a hotel. It's where they're coming to have an experience and then leave. CLARKSON: Okay, thank you. PRIMACK: Yeah. RAFFIPIY: I have another question. You know for—my question is because I want to make sure that I understand the traffic that's going to be going on back and forth on the road, and I think that's probably everybody has the same concern. When you're clients, when they register to come over, and if they rent a car, you're going to restrict them from renting a car until the retreat is over and then you can take them down, they can rent a car after? PRIMACK: Yeah, I tell people not to, and I even tell the people like they can only use like, they can only get a car after it's over, because coming in and out on my place is, you know, it's hard even to find it, and then I'm gonna have, oh, they can't find how to get in. That's not the problem I need. So, they, I make it real simple for them. When they come, I take care of all their needs. I cook their food. I do everything for them, and then, seven days is typically. Never done more than seven days, and then I drop them off, and then they're kind of on their own. And, I do like to personally escort everyone into the property just because I feel like welcoming them myself and every retreat person that has come, I have picked them up personally. So, not only am I teacher, I'm kind of like a driver of sorts, you know, and it's just difficult to find your way in the first time, you know, so I take care of all that for them. RAFFIPIY: Okay, thank you. PRIMACK: You're welcome. MIYASATO: Chair, I have a question. Yeah, first of all, you know, I think this is a good application, and I am in support of it, but I just have a few questions, yeah? PRIMACK: Okay. MIYASATO: You know, looking at this drawing, I guess it kind of appears to me that from the last proposed bungalow to the restrooms is like almost 300 feet. In the middle of the night—is that how it's set up? PRIMACK: Currently, now. You mean before the proposed changes? MIYASATO: It says proposed site plan. PRIMACK: Right. Okay. MIYASATO: So, maybe I'm missing something, but there's 50 feet, 50 feet, 50 feet, 40 feet, and then EXHIBIT A PRIMACK: Correct. MIYASATO: Yeah, so that's how it's going to be set up? PRIMACK: That's what we're planning now, yes. MIYASATO: Okay, I just was curious that the guy in the last bungalow is going to get a bad deal at night, but—okay. And, then I guess I was just kind of curious about the timeline. You know, with this letter from the LUC and the reply to the LUC, and you know, I guess in regards to that, there was sort of an insinuation that you're circumventing the process by staying at 15 and, you know, for my opinion, it's a conscious decision to go to 15, but it's also a conscious smart business decision, in my opinion. You know, if you don't need more than that, why go through the process, so, you know, I think it's coincidence that it's less than 15 but I think it's a smart business decision for this type of activity. You know, and I guess with that said, there has been on this island down by the quarries where there were large lands like this, that you probably know that they applied for rezonings 14.9, 14.75, and that is abuse of, you know, circumventing the LUC. So, I can understand their concern. And, my last comment is just, on the cultural side, it is the obligation of the LUC to ensure that natural, on the cultural side, the historic preservation side, is documented and covered and I guess in writing or verified that there is no disturbance of cultural resources or sites. I don't think they were picking on you, but by law, it is their obligation to ensure that. PRIMACK: Right, right. MIKKELSON: So, also in the process of this which the LUC did not know or understand is that he is also, as I mentioned, working with the USDA to do reforestation. He does not want those two things to intermix. MIYASATO: Correct. MIKKELSON: He doesn't want people tramping through the forest. MIYASATO: Right. MIKKELSON: So, that was part of the agreement to begin with is what he wanted to do which is why we did the survey and whatever, but, you know, the LUC took a hardline I felt, and I wanted them to have an understanding of what the idea was really planned to be. MIYASATO: You know, I guess, for me, you know, with the LUC, it is case note and law, yeah? MIKKELSON: Right, right, right. MIYASATO: That, if thein order, case notes, in order to fulfil its duty to preserve and protect customary and traditional Native Hawaiian rights to the extent feasible, the Land Use EXHIBIT A 9 Commission in its review of a petition for reclassification of district boundaries must at a minimum make specific findings and conclusions as to identify the scope of the value, cultural, historic, or natural resources, blah, blah, blah, but it goes on to say that without that, they have failed to satisfy their statutory and constitutional obligations, yeah? So, I can understand their concern because of the timing of the application and the response, they did not have documentation at that time, yeah? Just a comment. MIKKELSON: Thank you. MIYASATO: Yeah, okay, that's all I have. REPLOGLE: What was this land? What was done on it before you acquired it? What's its history? PRIMACK: Well, I purchased it. It was what I would just call raw. Raw as all get -out, and when I came, the first thing was the roads and the bridges. I purchased in 2008, and my first dwelling was 2012, the yurt. I started staying there with my instructors, my strongest ones, and we started eradicating the waiwi off the river bank which is why you can see it on that map, the river so well, because before, it, when you look from Google maps, it's just a big forest over those rivers. So, we took those big waiwis out, a couple summers it took. I mean, it's a lot of work, and we're still working on, you know, making the river banks nicer and getting rid of the invasive trees, and that's gotta be done by hand. Machines can't even do that stuff, so it's a lot of work, yeah. REPLOGLE: Okay, thank you. PRIMACK: Yeah. CLARKSON: So, the vegetation was non-native species? Waiwi PRIMACK: Waiwi— CLARKSON: —and eucalyptus? PRIMACK: Yeah. CLARKSON: Was it ever in cane to your knowledge? PRIMACK: Long ago I was told it was a sugar cane plantation at one time, but it's been a long time. CLARKSON: Thank you. Let's see where we are on my script here. If there being no further questions, thank you. You may be seated. And, we have no, no one signed up to testify from the public, so in that case I'll ask for a motion that public testimony be closed. MIYASATO: I make a motion that public testimony be closed. EXHIBIT A 10 DELA CRUZ: Second. CLARKSON: It's been moved by Commissioner Miyasato and seconded by Commissioner Dela Cruz to close the public testimony. Any discussion of this motion? All those in favor? COMMISSIONERS: Aye. CLARKSON: Opposed? Motion carries, and now I'm looking for a motion for action. MIYASATO: Chair, I have a question for staff before I make a motion. CLARKSON: Certainly. MIYASATO: You had mentioned about that driveway? KAY: Yes. MIYASATO: Being part of the fifteen. Do we need to change the conditions or add a condition for that? KAY: There is a condition in here that speaks to that about acquiring additional metes and bounds description. That's Condition No. 3, "Prior to commencement of the proposed use, the applicant shall secure metes and bounds survey of the permit area in map and written form, including the area of the access road on the subject property. The permit area is not to exceed fifteen acres. The applicant shall submit a copy of the metes and bounds survey to the Planning Department for review and approval prior to [the] operation. At no time shall the activities permitted under the [this] Special Permit take place outside of the permit area." MIYASATO: You're on it. Good job. CLARKSON: I have one more question. KAY: Yes, sir. CLARKSON: There was a code violation or citation KAY: Correct CLARKSON: which was the impetus for this application. KAY: Yes. CLARKSON: Was that based on a complaint? EXHIBIT A 11 KAY: Yeah, there was a complaint that came in that we followed up on and investigated and so one of the corrective actions for, to satisfy the complaint was to come with the Special Permit application, so that's why they're here. CLARKSON: Okay, and since nobody signed up for public testimony, I assume that the people that submitted written testimony and the complainant both knew about this hearing? KAY: I'm not sure about the complainants. We did not follow up with them and let them know about the hearing. CLARKSON: Okay. KAY: The complainant, the one who submitted written testimony, we were unable to reach them. CLARKSON: Okay. Thank you. KAY: And, if I can, I just had two more things to put on the record really quickly. The agenda was incorrectly, the address on the agenda was incorrect. It should have read 31-1049 Kulike Place is the property address. I believe it was 12-1049, so I just wanted to correct that on the record. And, just some housekeeping for me. On pages 2 and 4 of the Recommendation Report, I inadvertently duplicated information from earlier in the report, so starting after "worker housing" at the bottom of page 2 and finishing at "the Department of Health" at the top of page 4, that's the repeated information. If it's okay with the Commission, I'd like to delete that additional verbiage in the final report as it's just redundant. CLARKSON: Okay, thank you. Does that have to be part of the motion? HALL: Yeah, you can just say to amend in the motion. CLARKSON: Okay. Okay, at this time, I'll be looking for a motion for action from one of the Commissioners. MIYASATO: Chair, I'll make my last motion of my tenure. I move that the application for a Special Permit, Docket No. 17-194 be approved based on the Planning Director's findings and recommendations which shall be amended to omit the redundant information and proposed conditions which shall be adopted. RAFFIPIY: Second. CLARKSON: Okay, it's been moved by Commissioner Miyasato and seconded by Commissioner Raffipiy that this application be approved. Is there any further discussion? If not, please call the roll call vote. KAY: Thank you, Mr. Chair. Commissioner Miyasato? EXHIBIT A 12 MIYASATO: Aye. KAY: Commissioner Raffipiy? RAFFIPIY: Aye. KAY: Commissioner Aguinaldo? AGUINALDO: Aye. KAY: Commissioner Dela Cruz? DELA CRUZ: Aye. KAY: Commissioner Ikeda? IKEDA: Aye. KAY: Commissioner Replogle? REPLOGLE: Aye. KAY: And, Chair Clarkson. CLARKSON: Aye. KAY: Thank you, Mr. Chair. Motion carries seven, nothing. CLARKSON: Thank you. You'll be notified of the Commission's action in writing. The discussion ended at 9:36 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission EXHIBIT A 13