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Home My WebLink About2020-01-08 Windward Planning Commission MinutesWINDWARD PLANNING COMMISSION COUNTY OF HAWAII MINUTES JANUARY 8, 2020 The Windward Planning Commission met in regular session 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, Dean Au, Joseph Clarkson, Donn Dela Cruz, John Replogle. ABSENT & EXCUSED: Thomas Raffipiy. ALSO PRESENT: Michael Yee (Planning Director), Malia Hall (Deputy Corporation Counsel for the Windward Planning Commission), Maija Jackson (Planner), Christian Kay (Planner), Jessica Andrews (Planner), and Sarah Hata-Finley (Commission Secretary). A quorum was present. Chairman Clarkson introduced the Windward Planning Commissioners and staff to members of the public, went over the procedures for public testimony, and asked that cell phones and electronic devices be silenced. STATEMENTS FROM THE PUBLIC — No statements were presented under this section of the agenda. 1. APPLICANT: CELLCO PARTNERSHIP DBA VERIZON WIRELESS (AMEND USE 15-000056) Application for an amendment to Use Permit No. 15-000056, which allowed the construction of a 150 -foot tall steel monopole telecommunication facility and related improvements within a 1,600 -square foot portion of a 2 -acre property (TMK 1-5-017:118) situated in the County's Agricultural- 1 -acre (A -la) zoning district. The applicant is requesting: 1) to change access to the telecommunication facility so that access is from 31st Avenue over TMK 1-5-017:084, and 2) a 5 -year time extension to Condition No. 2 to complete construction of the facility. The subject property is situated between 31 st Avenue and 32nd Avenue, about 2,160 feet southeast of the Paradise Drive intersection, Hawaiian Paradise Park, Puna, Hawaii, TMKs (3) 1-5-017:84 and 1-5-017:118. The Commission took this item up at 9:03 a.m. with 8 members of the public in attendance. At 10: 08 a.m., it was moved by Commissioner Dela Cruz and seconded by Commissioner Replogle 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 Section 92-5. A voice vote was taken of all Commissioners present, and motion carried with five aye votes. Page 1 of 4 Windward Planning Commission January 8, 2020 Minutes The room was cleared, and at 10:10 a.m., the Commission went into executive session. At 10:17 a.m., it was moved by Commissioner Replogle and seconded by Commissioner An that the Commission go out of executive session. A voice vote was taken of all Commissioners present, and motion carried with five aye votes. The hearing reconvened for regular session at 10:19 a.m. (SEE EXHIBIT A) This item ended at 10:22 a.m. 2. APPLICANT: RTA KILAUEA LODGE LLC (REZ 19-000239) Application for a Change of Zone from a Single -Family Residential- 20,000 square feet (RS -20) to a Village Commercial- 10,000 square feet (CV -10) zoning district for approximately 1. 176 acres of land. The subject property is located on the north side of Old Volcano Road, approximately 500 feet west of its intersection with Wright Road, Olaa Summer Lots, Block "B", Puna, Hawaii, TMK: (3) 1-9-004:004. The Commission took this item up at 10:22 a.m. with 11 members of the public in attendance. Chairman Clarkson called a recess at 10:54 a.m., and the meeting was reconvened at 11:06 a.m. (SEE EXHIBIT B) This item ended at 11:19 a.m. 3. APPLICANT: BRUCE AND LAURA GILMORE (SPP 19-000211) Application for a Special Permit to establish a religious retreat center with overnight accommodations and the construction of a caretaker's residence with associated improvements on an approximately 1.1 -acre portion of a 5 -acre property situated in the State Land Use Agricultural District. The subject property is located at 19-4251 Haunani Road, about 1,800 feet northwest of the intersection with Maile Avenue, Volcano, Puna, Hawaii, TMK: (3) 1-9-011:Por. 030. The Commission took this item up at 11:19 a.m. with 5 members of the public in attendance. Due to technical difficulties with the PowerPoint presentation, Chairman Clarkson called a recess at 11:20 a.m., and the meeting was reconvened at 11:24 a.m. (SEE EXHIBIT C) This item ended at 12:02 p.m. Page 2 of 4 Windward Planning Commission January 8, 2020 Minutes MINUTES — The Commission took this item up at 12:02 p.m. Approval of Minutes of the December 4, 2019 Meeting_— It was moved by Commissioner Au and seconded by Commissioner Dela Cruz, that the Minutes of December 4, 2019, be approved as circulated. Motion was unanimously carried by a voice vote of all Commissioners in attendance. ADMINISTRATIVE MATTERS - The Commission took the following up at 12:02 p.m. 1. Election of Officers for 2020. It was moved by Chairman Clarkson and seconded by Commissioner Dela Cruz that Commissioner Raffipiy be nominated for Chairman of the Windward Planning Commission for the year 2020. There were no other nominations for Chairman, and the nomination motion was unanimously carried by a voice vote of all Commissioners in attendance. [Secretary's Note: Commissioner Rafpiy, who was not present at the meeting, subsequently accepted the chairmanship of the Windward Planning Commission for the year 2020 via telephone conversation with Jeffrey Darrow, Planning Program Manager.] Commissioner Replogle volunteered to be the Vice -Chairman of the Windward Planning Commission for the year 2020, which was seconded by Commissioner Aguinaldo. There were no other nominations for Vice -Chairman, and the nomination motion was unanimously carried by a voice vote of all Commissioners in attendance. 2. Discussion of recent Special Management Area (SMA) determinations, minor permits and enforcement action issued by the Planning Director. There was no report. ANNOUNCEMENTS — At 12:06 p.m., Ms. Hall informed the Commission that the Third Circuit Court's remand of the Piilani Partner's matter [SMA 18-000070] was scheduled on their February 6th agenda. Ms. Hall confirmed that the Commission already received copies of the Court's Order from staff and clarified that the Commission needed to issue revised findings in line with the Court's Order [of December 13, 2019]. Upon Commissioner Replogle's inquiry, Ms. Hall stated that the Commissioners could review the record, particularly the portions that supported their denial of the permit. Ms. Hall emphasized that their decision would need to be within the parameters of the Court's Order. Ms. Jackson stated that there were tentatively six items on the February agenda, including the Piilani Partners matter. Page 3 of 4 Windward Planning Commission January 8, 2020 Minutes ADJOURNMENT — There being no further business, it was moved by Commissioner Dela Cruz and seconded by Commissioner Replogle that the meeting be adjourned. Motion was unanimously carried by a voice vote of all Commissioners in attendance. Chairman Clarkson adjourned the meeting at 12:08 p.m. ATTEST: Joseph Clarkson, Chairman Windward Planning Commission Respectfully submitted, Sarah Y. Hata-Finley, Secretary Page 4 of 4 Windward Planning Commission January 8, 2020 Minutes