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Home My WebLink About2020-06-04 Windward Planning Commission Minutes WINDWARD PLANNING COMMISSION COUNTY OF HAWAII MINUTES JUNE 4, 2020 The Windward Planning Commission met via live stream meeting at 9:02 a.m. with Chairman Thomas Raffipiy presiding. VIRTUAL ATTENDANCE (COMMISSIONERS): Gilbert Aguinaldo, Dean Au, Joseph Clarkson, Thomas Raffipiy, John Replogle. VIRTUAL ATTENDANCE (STAFF): Malia Hall (Deputy Corporation Counsel for the Windward Planning Commission), Michael Yee (Planning Director), John Mukai (Deputy Corporation Counsel for the Planning Director); Jeff Darrow (Planning Program Manager), Maija Jackson (Planner), Alex Roy (Planner), Jessica Andrews (Planner), Christian Kay (Planner); Rachelle Ley (Department Secretary), and Sarah Hata-Finley (Commission Secretary). Secretary's Note: Throughout the meeting, there were some technical and/or internet difficulties which made the speaker inaudible. Please note that the notation "—"in these Minutes and the Exhibit Transcripts means that there were technical and/or internet difficulties which made the conversation inaudible. A quorum was present. Chairman Raffipiy stated that due to the Mayor's Proclamation regarding COVID-19, the Commission meetings would be online until further notice to prevent the spread of COVID-19 and to maintain social distancing. He explained that the public was able to view and listen to the meeting, and a video link was available on the Planning Department website, www.hiplanningdept.com. Chairman Raffipiy said that public participation was limited to written testimony, and that Planning Department staff had sent the Commission the public testimony that they had received regarding items on the agenda. He stated that the board packets were also available online, and in the case of technical difficulties with the virtual meeting, the recording of the meeting would be posted on the Planning Department website " " [no later than 24 hours after the conclusion of the meeting]. Chairman Raffipiy asked the Commissioners to speak one at a time. He then introduced the Commissioners and staff who were in virtual attendance. STATEMENTS FROM THE PUBLIC –Public participation was limited to only written testimony via email at planning@hawaiicounty.gov or submitted at the Hilo or Kona Planning Departments up to two days prior to the hearing. 1. APPLICANT: DIERDRE AND BENJAMIN IMAGIRE (SPP 19-000212) Application for a Special Permit to allow the development and operation of a chiropractic, acupuncture and massage clinic and related improvements on an approximately one-acre portion of a two-acre property situated in the State Land Use Agricultural District. The subject property is located off`Ilima Street, approximately 0.2 Page 1 of 5 Windward Planning Commission Live Stream Meeting June 4,2020 Minutes miles northwest(mauka) of Ainaloa Boulevard, between 35th and 36th Avenue, Orchidland Estates, Kea`au, Puna, Hawaii, TMK: (3) 1-6-009:017 (por). The Commission took this item up at 9:05 a.m. with 21 members of the public live streaming the meeting. (SEE EXHIBIT A) Chairman Raffpiy called a recess at 10:09 a.m. to allow Commissioner Replogle additional time to read public testimony concerning the subject application. The meeting was reconvened at 10:17 a.m. Action: It was moved by Commissioner Clarkson and seconded by Commissioner Aguinaldo that the matter be continued to a subsequent meeting to give the Planning Department and the Applicant additional time to work on a recommendation with proposed conditions. A roll call vote was taken, and the motion carried with five ayes (Aguinaldo, Au, Clarkson, Raffipiy, Replogle) and no noes. This item ended at 10:45 a.m. Chairman Raffpiy called a recess at 10:45 a.m. so that the applicantfor the next item could join the live stream meeting. Secretary's Note: During the recess, Mr. Darrow confirmed that Commissioner Aguinaldo needed to leave his off ce for approximately ten minutes. Commissioner Aguinaldo stated that he was using his cellphone to participate in the live stream meeting and would listen to the meeting the entire time. Ms. Hall confirmed that if Commissioner Aguinaldo was able to hear all discussion and evidence, then he would be able to participate in the vote. She further clarified that if Commissioner Aguinaldo got disconnected and could not hear the discussion for any length of time, then he would need to recuse himselffrom voting on the agenda item. The meeting was reconvened at 10:56 a.m. 2. APPLICANT: LOIS MARGARET DRAKE AND ROBERT PETER JACOBSON (SPP 20-000213) Application for a Special Permit to allow the development of a church complex and accessory improvements on a one-acre property situated in the State Land Use Agricultural District. The subject property is located at 15-1791 14'h Avenue, about 1,000 feet southeast of the 14'h Avenue-Paradise Drive intersection, Hawaiian Paradise Park, Kea`au, Puna, Hawaii, TMK: (3) 1-5-048:197. The Commission took this item up at 10:56 a.m. with 22 members of the public live streaming the meeting. (SEE EXHIBIT B) Page 2 of 5 Windward Planning Commission Live Stream Meeting June 4,2020 Minutes Action: It was moved by Commissioner Au and seconded by Commissioner Replogle that SPP No. 20-000213 be approved based on the Planning Director's recommendation, which shall be adopted. A roll call vote was taken, and the motion carried with five ayes (Aguinaldo, Au, Clarkson, Raffipiy, Replogle) and no noes. This item ended at 11:12 a.m. Chairman Raffipiy called a recess at 11:12 a.m. so that the applicantfor the next item could join the live stream meeting. The meeting was reconvened at 11:27 a.m. 3. APPLICANT: TED TRAN/TRAN-TONNU FAMILY TRUST (REZ 20-000240) Application for a Change of Zone from a Single-Family Residential- 10,000 square feet (RS-10)to a General Commercial- 20,000 square feet(CG-20) zoning district for approximately 20,812 square feet of land. The subject property is located at 78 Lanihuli Street, approximately 150 feet northeast of its intersection with Kino`ole Street, Waiakea Houselots, 2nd Series, South Hilo, Hawaii, TMK: (3) 2-2-021:008. The Commission took this item up at 11:27 a.m. with 21 members of the public live streaming the meeting. (SEE EXHIBIT C) Action: It was moved by Commissioner Au and seconded by Commissioner Aguinaldo that a favorable recommendation be forwarded to the County Council on Change of Zone Docket No. 20-000240 based on the Planning Director's recommendation, which shall be adopted. A roll call vote was taken, and the motion carried with five ayes (Aguinaldo, Au, Clarkson, Raffipiy, Replogle) and no noes. This item ended at 11:50 a.m. Chairman Raffipiy called a recess at 11:50 a.m. so that the applicant for the next item could join the live stream meeting. The meeting was reconvened at 12:02 p.m. 4. APPLICANT: NEW LINGULAR WIRELESS PCS, LLC DBA AT&T MOBILITY (USE 19-000081) Consideration and Adoption of Proposed Findings of Fact, Conclusions of Law and Decision and Order for denial of 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 12:02 p.m. with 18 members of the public live streaming the meeting. Page 3 of 5 Windward Planning Commission Live Stream Meeting June 4,2020 Minutes (SEE EXHIBIT D) Action: It was moved by Commissioner Clarkson and seconded by Commissioner Replogle to reconsider the Commission's March 5th 2020 denial of Use Permit No. 19-000081. A roll call vote was taken, and the motion carried with four ayes (Aguinaldo, Au, Clarkson, Replogle) and one no (Raffipiy). It was then moved by Commissioner Clarkson and seconded by Commissioner Replogle to approve Use Permit No. 19-000081 based on the Planning Director's recommendation with conditions. A roll call vote was taken, and the motion carried with four ayes (Aguinaldo, Au, Clarkson, Replogle) and one no (Raffipiy). This item ended at 12:42 p.m. Chairman Raffipiy called a recess at 12:42 p.m. The meeting was reconvened at 12:48 p.m. 5. APPLICANT: NEW CINGULAR WIRELESS PCS, LLC DBA AT&T MOBILITY (USE 19-000082) Consideration and Adoption of Proposed Findings of Fact, Conclusions of Law and Decision and Order for denial of a Use Permit to allow the construction of 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 12:48 p.m. with 20 members of the public live streaming the meeting. (SEE EXHIBIT E) Action: It was moved by Commissioner Au and seconded by Commissioner Replogle that the Commission adopt the proposed Findings of Fact, Conclusions of Law, and Decision and Order. A roll call vote was taken, and the motion carried with five ayes (Aguinaldo, Au, Clarkson, Raffipiy, Replogle) and no noes. This item ended at 1:24 p.m. MINUTES —The Commission took this item up at 1:25 p.m. Approval of Minutes of the March 5, 2020 Meeting_—It was moved by Commissioner Au and seconded by Commissioner Aguinaldo, that the Minutes of March 5, 2020, be approved as circulated. Motion was unanimously carried by a voice vote of all Commissioners in virtual attendance. ADMINISTRATIVE MATTERS —None. Page 4 of 5 Windward Planning Commission Live Stream Meeting June 4,2020 Minutes ANNOUNCEMENTS —At 1:25 p.m., Mr. Darrow expressed his appreciation to the Commission for their time and effort to facilitate the live stream meeting. Director Yee also expressed his gratitude to the Commission, Mr. Darrow, Ms. Ley, and the Planning Division staff. ADJOURNMENT—There being no further business, it was moved by Commissioner Replogle and seconded by Commissioner Aguinaldo that the meeting be adjourned. Motion was unanimously carried by a voice vote of all Commissioners in attendance. Chairman Raffipiy adjourned the meeting at 1:28 p.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary ATTEST: Thomas Raffipiy, Chairman Windward Planning Commission Page 5 of 5 Windward Planning Commission Live Stream Meeting June 4,2020 Minutes