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Home My WebLink About2020-02-06 Windward Planning Commission MinutesWINDWARD PLANNING COMMISSION COUNTY OF HAWAII MINUTES FEBRUARY 6, 2020 The Windward Planning Commission met in regular session at 9:01 a.m. in the County of Hawaii, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii, with Chairman Thomas Raffipiy presiding. COMMISSIONERS PRESENT: Gilbert Aguinaldo (to 3:57 p.m.), Dean Au, Joseph Clarkson, Donn Dela Cruz (to 3:52 p.m.), Thomas Raffipiy, John Replogle. ALSO PRESENT: Michael Yee (Planning Director), Malia Hall (Deputy Corporation Counsel for the Windward Planning Commission), Jeff Darrow (Planning Program Manager), Maija Jackson (Planner), Christian Kay (Planner), Jessica Andrews (Planner), and Sarah Hata-Finley (Commission Secretary). A quorum was present. Chairman Raffipiy introduced the Windward Planning Commissioners and staff to members of the public, went over the procedures for public testimony, and asked that cell phones be silenced. STATEMENTS FROM THE PUBLIC — No statements were presented under this section of the agenda. 1. APPLICANT: PLANNING DIRECTOR INITIATED (VINCENT TAU REZ 13-000167) The Planning Director has initiated rezoning of the property from Multi -Family Residential- 1,500 square feet (RM -1.5) to Single -Family Residential- 7,500 square feet (RS -7.5) due to the landowner's non-compliance with Conditions B and R of Ordinance No. 14-056, which became effective May 12, 2014 to change the zoning of the subject property from Multi -Family Residential- 2,500 square feet to Multi -Family Residential - 1,500 square feet. The subject property is located at 364 Hualalai Street, east of the Hale Nani Street- Hualalai Street intersection, South Hilo, Hawaii, TMK: (3) 2-4-028:009. The Commission took this item up at 9:02 a.m. with 26 members of the public in attendance. Chair Raffipiy called a recess at 10:15 a.m., and the meeting was reconvened at 10:26 a.m. (SEE EXHIBIT A) This item ended at 10:58 a.m. 2. APPLICANT: PIILANI PARTNERS, LLC (SMA 18-000070) Discussion and action on the Third Circuit Court's December 13, 2019 Order remanding Special Management Area Use Permit (SMA No. 18-000070) back to the County of Page 1 of 4 Windward Planning Commission February 6, 2020 Minutes Hawaii Windward Planning Commission to issue a revised findings of fact (FOF) and conclusions of law (COL) in support of its original Decision and Order, for the narrow purpose of the Windward Planning Commission clarifying FOF and COL regarding its application of the public trust doctrine for the denial of SMA No. 18-000070, which requested a Special Management Area Use Permit to develop a potable water well and bottling facility with related improvements on a 2.5712 -acre parcel within the Special Management Area. The subject property is located at 525 Pi` ilani Street, at the northeastern corner of the Pi`ilani Street-Mililani Street intersection, Waiakea, South Hilo, Hawaii, TMK: (3) 2-2-033:011. The Commission took this item up at 10:58 a.m. with 41 members of the public in attendance. At 11:01 a.m., it was moved by Commissioner Dela Cruz and seconded by Commissioner An 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 six aye votes. The room was cleared, and at 11: 04 a.m., the Commission went into executive session. At 11:28 a.m., it was moved by Commissioner Dela Cruz and seconded by Commissioner Aguinaldo that the Commission go out of executive session. A voice vote was taken of all Commissioners present, and motion carried with six aye votes. The hearing reconvened for regular session at 11:31 a.m. (SEE EXHIBIT B) This item ended at 1:16 p.m. Chair Rafpiy called a recess at 1:16 p.m., and the meeting was reconvened at 2:18 p.m. 3. APPLICANT: NEW CINGULAR WIRELESS PCS, LLC DBA AT&T MOBILITY (USE 19-000081) Application for a Use Permit to allow the construction of a non -manned telecommunication facility consisting of a 180 -foot tall monopole and related equipment within a 2,500 -square foot portion of a 9.65 -acre property situated in the County's Agricultural zoning district. The subject property is located north of Kua`aina Road, approximately 0.5 miles from the intersection with Volcano Road (Highway 11), Kea`au, Puna, Hawaii, TMK: (3) 1-7-031:031. The Commission took this item up at 2:18 p.m. with 18 members of the public in attendance. Chair Rafpiy called a recess at 3:39 p.m., and the meeting was reconvened at 3:48 p.m. (SEE EXHIBIT C) Page 2 of 4 Windward Planning Commission February 6, 2020 Minutes This item ended at 3:52 p.m. 4. APPLICANT: NEW LINGULAR WIRELESS PCS, LLC DBA AT&T MOBILITY (USE 19-000082) Application for a Use Permit to allow the construction a non -manned telecommunication facility consisting of a 105 -foot tall monopine with related equipment within a 1,054 - square feet portion of a 20 -acre property situated in the County's Open zoning district. The subject property is located northeast of the Maku`u Drive -17th Avenue intersection in the Hawaiian Paradise Park subdivision, Kea`au, Puna, Hawaii, TMK: (3) 1-5-023:040. The Commission took this item up at 3:52 p.m. with 25 members of the public in attendance. Chair Rafpiy called a recess at 4:56 p.m., and the meeting was reconvened at 5:02 p.m. (SEE EXHIBIT D) This item ended at 5:06 p.m. 5. APPLICANT: PETER S. GOLDEN TRUST& KATHLEEN H. GOLDEN TRUST (AMEND USE 168) Application to amend Use Permit No. 168 to allow an additional two bedrooms for a total of a four-bedroom Bed and Breakfast establishment on 60,000 square feet of land in the Single -Family Residential zoning district. The subject property is located on the northeast corner of the Ruby Avenue -12th Street intersection, Mauna Loa Estates subdivision, Volcano, Puna, Hawaii, TMK: (3) 1-1-011:008. The Commission took this item up at 5:06 p.m. with 7 members of the public in attendance. (SEE EXHIBIT E) This item ended at 5:15 p.m. 6. APPLICANT: VLADIMIR AND NADEZHDA ZOSIM (SPP 19-000208) Application for a Special Permit to allow the construction and operation of an adult day care facility on 1.001 acres of land in the State Land Use Agricultural District. The subject property is located on Lotus Blossom Lane in Hawaiian Ocean View Estates, approximately 200 yards from the intersection with Mamalahoa Highway, Ocean View, Ka`u, Hawaii, TMK: (3) 9-2-084:048. The Commission took this item up at 5:16 p.m. with 3 members of the public in attendance. (SEE EXHIBIT F) This item ended at 5:25 p.m. MINUTES — The Commission took this item up at 5:25 p.m. Page 3 of 4 Windward Planning Commission February 6, 2020 Minutes Approval of Minutes of the January 8, 2020 Meeting_— It was moved by Commissioner Clarkson and seconded by Commissioner Au, that the Minutes of January 8, 2020, 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 5:25 p.m. 1. Discussion of recent Special Management Area (SMA) determinations, minor permits and enforcement action issued by the Planning Director. There were no questions on the SMA Report from the Commission. ANNOUNCEMENTS — At 5:26 p.m., Chair Raffipiy thanked everyone for their hard work and helping the Commission through the long day and his first meeting. Ms. Jackson stated that there will be several items on the Commission's March 5' agenda, including the two continuances of the cell tower applications [Item Nos. 3 and 4 above]. Ms. Hall stated that the Connections matter [Connections New Century Public Charter School/CRESS SPP 12-138] was remanded back to the Commission by the Intermediate Court of Appeals. ADJOURNMENT — There being no further business, it was moved by Commissioner Replogle and seconded by Commissioner Clarkson that the meeting be adjourned. Motion was unanimously carried by a voice vote of all Commissioners in attendance. Chairman Raffipiy adjourned the meeting at 5:27 p.m. ATTEST: Thomas Raffipiy, Chairman Windward Planning Commission Respectfully submitted, Sarah Y. Hata-Finley, Secretary Page 4 of 4 Windward Planning Commission February 6, 2020 Minutes