2017-01-05 Windward Planning Commission Minutes

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2. APPLICANT: RHODES MOORE, LLC (USE 16-065) Application for a Use Permit to allow the establishment of a 120 -bed assisted living facility and related uses on 6.22 acres of land situated within the Neighborhood Commercial (CN - 7.5) zoning district. The property is located on the southeast side of the intersection of Kanoelehua Avenue (State Highway 11) and East Kahaopea Street, Waiakea Homestead House Lots, South Hilo, Hawaii, TMK: 2-2-044:032, 035 and 037. The Commission took this item up at 9:43 a.m. with 13 people from the public in attendance. (SEE EXHIBIT B) This item ended at 10:18 a.m. Chair Henkel called a recess at 10:18 a. m., and the meeting was reconvened at 10: 33 a. m. 3. INITIATOR: COUNTY COUNCIL (BILL NO. 227, DRAFT 2) An Ordinance amending Chapter 25, Article 1, Article 2, and Article 4 of the Hawaii County Code 1983 (2005 Edition, as amended), relating to Agricultural Tourism. The purpose of this bill is to amend the definition of "agricultural tourism" and include new definitions for "agricultural products" and "agriculturally -related products"; and defining requirements for plan approval review of and use regulations for agricultural tourism operations. The County Council is referring Bill 227, Draft 2 to the Planning Director and the Windward and Leeward Planning Commissions for comment and recommendations. The Commission took this item up at 10:33 a.m. with 5 people from the public in attendance. (SEE EXHIBIT C) This item ended at 11:15 a.m. 4. REQUESTOR: JAN MALASEK Discussion and action regarding a request by Jan Malasek to review a previous claim against the Geothermal Asset Fund that was filed with the Planning Commission on June 4, 2004, seeking compensation for the loss of income from orchard and nursery operations over a 7 - year period due to PGV activity in the amount of $27,494. The Planning Commission, at its September 2, 2005 meeting and pursuant to its rules, awarded compensation in the amount of $7,246. The property is located at 13-683 Leilani Avenue, approximately 1,600 feet south of the Leilani Avenue-Pohoiki Road intersection, Leilani Estates Subdivision, Keahialaka, Puna, Hawaii, TMK: 1-3-028:018. The Commission took this item up at 11:15 a.m. with 3 people from the public in attendance. At 11:22 a.m., it was moved by Commissioner Clarkson and seconded by Commissioner Dela Cruz that the Commission go into executive session to consult with its attorney regarding questions and issues pertaining to the Commission's powers, duties, privileges, immunities, and Page 2 of 4 Windward Planning Commission January 5, 2017 Minutes