2018-04-05 Windward Planning Commission Minutes

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2. APPLICANT: KELLY and JOANNE JARNESKI (REZ 18-000226) Application for a Change of Zone from an Agricultural -20 acres (A -20a) to an Agricultural -6 acres (A -6a) zoning district for approximately 40 acres of land. The subject properties are located on the west side of Akolea Road, about 550 feet north of the intersection of Kaumana Drive and Akolea Road, portion of Ponahawai-Kaumana Homesteads, South Hilo, Hawaii, TMK: (3) 2-5-047:033 and 034. The Commission took this item up at 9:18 a.m. with 51 people from the public in attendance. (SEE EXHIBIT B) This item ended at 9:47 a.m. Chair Clarkson called a recess at 9:47 a.m., and the meeting was reconvened at 9:59 a.m. 3. APPLICANT: HU HONDA BIOENERGY LLC (SMA 221) Discussion and action on the Intermediate Court of Appeal's Order of Partial Remand filed January 22, 2018 of the Final Judgment of the Third Circuit Court's Order filed on March 10, 2014, to the County of Hawaii Windward Planning Commission, for the narrow purpose of the Windward Planning Commission to address the impacts on the public shoreline with regard to repairing or replacing Outfall 001. Special Management Area Use Permit No. 221 was originally approved to allow the establishment of a coal storage area and a coal burning energy plant and related improvements. The approved amendment request allowed a change in fuel source from coal to biomass, to upgrade the existing facility and to construct support facilities and infrastructure at the former Pepe`ekeo Power Plant, Makahanaloa, South Hilo, Hawaii, TMK: (3) 2-8-8:104 (formerly 2-8-7: Portion of 53). The Commission took this item up at 9:59 a.m. with 58 people from the public in attendance. At 11:41 a.m., it was moved by Commissioner Dela Cruz and seconded by Commissioner Ikeda 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 liabilities, pursuant to Hawai `i Revised Statutes 92-5. A voice vote was taken of all Commissioners present, and motion carried with six aye votes. Chair Clarkson stated that the Commission would recess for lunch after the executive session and the meeting would reconvene at 1:30 p.m. The room was cleared, and at 11:45 a.m., the Commission went into executive session. At 12:07 p.m., it was moved by Commissioner Ikeda and seconded by Commissioner Dela Cruz that the Commission go out of executive session. A voice vote was taken of all Commissioners present, and motion carried with six aye votes. Page 2 of 4 Windward Planning Commission April 5, 2018 Minutes