2014-07-03 Hearing Transcript - HACA SPP 845

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WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT JULY 3, 2014 Hawaiian Acres Community Association A regularly advertised hearing on the application of (SPP 845) was called to order at 12:10 p.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, Charles Heaukulani, Gregory Henkel, Raylene Moses, and Stephen Ono. ALSO PRESENT: Duane Kanuha (Planning Director), Margaret Masunaga (Deputy Corporation Counsel for the Windward Planning Commission), Amy Self (Deputy Corporation Counsel for the Planning Director, from 9:37 a.m. to 12:25 p.m.), Melody Parker (Deputy Corporation Counsel for the Planning Director from 9:13 a.m. to 12:39 p.m.), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner), Maija Cottle (Staff Planner), Sarah Hata-Finley (Secretary), Kim Tanaka (Secretary), and Melissa Dacayanan (Planning Commission Support Technician). And approximately 7 people from the public in attendance. APPLICANT: HAWAIIAN ACRES COMMUNITY ASSOCIATION (SPP 845) Amendment to Special Permit No. 845 to allow additional uses within the community center, including a farmers market, and a one-year time extension to comply with Condition No. 4 (construction timeline of the community center and volunteer fire station). Special Permit No. 845 was originally approved to allow the establishment of a volunteer fire station, community center and related improvements situated on three (3) acres of land within the State Land Use Agricultural District. The property is located at the northeast corner of the intersection of Road 8 and Road C within the Hawaiian Acres Subdivision, Kea‘au, Puna, Hawai‘i, TMK: 1- 6-052:002.  Hearing will include discussion and further action, if necessary, on the Planning Director’s request, on behalf of the Commission, for an informal opinion from the Board of Ethics regarding the legal representation by a former County employee of a potential intervenor in proceedings involving this amendment request. MIYASATO: Item No. 6 on the agenda, Hawaiian Acres Community Association. Staff? DARROW: Thank you, Mr. Chairman. This matter is a continued hearing for Hawaiian Acres Community Association. They had originally asked for an amendment to Special Permit No. 845. These amendments included allowing additional uses within the community center, including a farmers market, and they also asked for a one-year time extension to comply with Condition No. 4 which was the construction timeline of the community center and volunteer fire station. The matter was continued because of a possible conflict with the Code of Ethics within Chapter 2 of the Hawai‘i County Code, more specifically Section 291.2 which refers to post 1 EXHIBIT F