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Home My WebLink About2020-11-05 Windward Planning Commission Minutes WINDWARD PLANNING COMMISSION COUNTY OF HAWAII MINUTES NOVEMBER 5, 2020 The Windward Planning Commission met via live stream meeting at 9:03 a.m., with Chairman Thomas Raffipiy presiding. VIRTUAL ATTENDANCE(COMMISSIONERS): Gilbert Aguinaldo, Dean Au, Joseph Clarkson, Thomas Raffipiy, John Replogle. VIRTUAL ATTENDANCE(STAFF) Maila Hall (Deputy Corporation Counsel for the Windward Planning Commission), Michael Yee (Planning Director), John Mukai (Deputy Corporation Counsel for the Planning Department), Jeff Darrow (Program Manager), Maija Jackson (Planner), Christian Kay (Planner), Tracie-Lee Camero (Planner), Rachelle Ley (Department Secretary), and Melissa Dacayanan-Salvador (Temporarily Assigned Commission Secretary). Secretary's Notes: 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 Governor'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...lal i, g p awai:icounty.coo. He stated the background and recommendation reports are available on the County website. Chairman Raffipiy said that public was able to provide oral testimony at the meeting by joining online or calling into the WebEx 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–No statements were presented under this section of the agenda. NEW BUSINESS 1. APPLICANT: MOANIALA HOLDINGS, LLC (AMEND REZ 738) Application to delete Condition E of Ordinance No. 15 50, which required the applicant to secure and dedicate land area for the future extension of Kukuau Street from the Sunrise Estates Subdivision to the Puainako Street Extension. Ordinance No. 15 50 amended Ordinance No. 08 115, which amended Ordinance No. 93 36, which rezoned Page 1 of 5 Windward Planning Commission November 5,2020 Minutes lands from Agricultural-20 acres (A-20a), Agricultural-10 acres (A-10a), and Agricultural-3 acres (A-3a) to a Residential and Agricultural-l-acre (RA-la) zoning district. The subject property is located south of the Puainako Street Extension, west of Komohana Street at Hilo Hillside Estates Subdivision at Kukuau 1st, South Hilo, Hawaii, TMK: 2-4-082:001-056, 058-061 (formerly 2-4-008: portions of 014 and 026). At the request by the Applicant on October 18, 2020 this item was continued. 2. APPLICANT: IKAIKA OHANA (FORMERLY GIAMPAOLO "PAUL" BOSCHETTI) (AMEND REZ 2009-000103) Application for a five (5)-year time extension to complete construction and deletion of additional parking requirements in Condition E(Time to Complete Construction), a one (1) year time extension to Condition G (Time to Dedicate Road Widening Strip), deletion of Condition J(Requirement to Install Streetlights and Traffic Control Devices), deletion of Condition P (Fair Share Requirements), and deletion of Condition R (Impact Fees) of Ordinance No. 10 32, which reclassified 5.05 acres of land from a Single-Family Residential —7,500 square feet(RS-7.5) and Multiple-Family Residential — 1,000 square feet(RM-1) to a Multiple-Family Residential — 1,500 square feet(RM-1.5) zoned district. The subject properties are located south of Kukuau Street, on the west side (mauka) of Kapi`olani Street above the County Police Department Headquarters building, Kukuau 1st, South Hilo, Hawaii, TMK: 2-4-025:048, 053, and 080. The Commission took this item up at 9:07 a.m. with approximately 3 members of the public live streaming the meeting. Action: It was moved by Commissioner Au and seconded by Commissioner Clarkson that a favorable recommendation be forwarded to the County Council to Change of Zone Ordinance No. 10 32, of the Applicants proposed amendment to Condition G and deletion of Condition J, Planning Director's modifications to Conditions P and R, and Commissions amendment to Condition E to require a minimum parking of 1.5 stalls per unit, which shall be adopted. A roll call vote was taken, and the motion carried with five ayes (Replogle, Aguinaldo, Au, Clarkson, Raffipiy) and no noes. This item ended at 10:40 a.m. (SEE HEARING TRANSCRIPT - EXHIBIT A) Chair Raffipiy called a recess at 10:40 a.m. He called the meeting back to order at 10:50 a.m.: 3. INITIATOR: PLANNING DIRECTOR An ordinance amending Chapter 25 (Zoning Code), Article 2, Division 6 of the Hawaii County Code 1983 (2016 Edition, as amended), to update the time and revocation requirements for the Windward Planning Commission and Leeward Planning Commission to act on and revoke a Use Permit to be consistent with the Planning Commission Rules of Practice and Procedure. Page 2 of 5 Windward Planning Commission November 5,2020 Minutes The Commission took this item up at 10:50 a.m. with approximately 2 members of the public live streaming the meeting. Action: It was moved by Commissioner Au and seconded by Commissioner Aguinaldo that a favorable recommendation be forwarded to the County Council on the Ordinance amending Hawaii County Code, Chapter 25 based on the Planning Director's recommendation, which shall be adopted. A roll call vote was taken, and the motion carried with five ayes (Replogle, Aguinaldo, Au, Clarkson, Raffipiy) and no noes. This item ended at 11:02 a.m. (SEE HEARING TRANSCRIPT - EXHIBIT B) 4. INITIATOR: PLANNING DIRECTOR An ordinance amending Chapter 25 (Zoning Code), Article 1, Article 2, Article 4, Article 5 and Article 7 of the Hawaii County Code 1983 (2016 Edition, as amended), relating to definitions, use permit requirements, off-street parking requirements, and zoning district regulations for medical clinics and massage, acupuncture, chiropractic and other similar health service facilities. The Commission took this item up at 11:02 a.m. with approximately 2 members of the public live streaming the meeting. Action: It was moved by Commissioner Replogle and seconded by Commissioner Au that a favorable recommendation be forwarded to the County Council on the Ordinance amending Hawaii County Code, Chapter 25 based on the Planning Director's recommendation, which shall be adopted. A roll call vote was taken, and the motion carried with five ayes (Replogle, Aguinaldo, Au Clarkson, Raffipiy) and no noes. This item ended 11:12 a.m. (SEE HEARING TRANSCRIPT - EXHIBIT C) 5. APPLICANT: NEW LINGULAR WIRELESS PCS, LLC DBA AT&T MOBILITY (USE 19-000082) Consideration and Adoption of Amended Findings of Fact, Conclusions of Law and Decision and Order for approval 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 11:12 a.m. with approximately 2 members of the public live streaming the meeting. Page 3 of 5 Windward Planning Commission November 5,2020 Minutes Action: It was moved by Commissioner Clarkson and seconded by Commissioner Au to adopt the amended Findings of Fact, Conclusions of Law, and Decision and Order which shall be adopted. A roll call vote was taken, and the motion carried with five ayes (Replogle, Aguinaldo, Au, Clarkson, Raffipiy) and no noes. This item ended at 11:16 a.m. (SEE HEARING TRANSCRIPT - EXHIBIT D) MINUTES —The Commission took this item up at 11:16 a.m. Approval of Minutes of the October 1, 2020 Meeting_—It was moved by Commissioner Au and seconded by Commissioner Aguinaldo that the Minutes of October 1, 2020, be approved as circulated. Motion was unanimously carried by a voice vote of all Commissioners in attendance. ADMINISTRATIVE MATTERS Mr. Darrow indicated at the last meeting Commissioner Au had requested the updated SMA Assessments and Short-form log which was provided to through email. There was some discussion regarding some of the SMA approvals on the log by the Commission to staff. He advised of some major changes recently with the law and at some point, it will be put on the agenda and be discussed with the Commission. Reiterated staff is preparing to change the Rules which will be brought before to both Commissions to update the Rules with the new law. With the changes it will change as to how we look at Single-Family dwellings along the shoreline area as they are no longer exempt. It was stated the short-forms you see in West and East Hawaii are your typical building permits and the Land Use Plan Checkers will review and complete them as a short-form assessment. So, they are aware of the limitations that my trigger an SMA Major. ANNOUNCEMENTS Mr. Darrow mentioned again the staff are in the process of completing further amendments to the Rules to be consistent with the change of 205(A). When that occurs a joint Commission meeting would be conducted possibly early next year. ADJOURNMENT The Commission took this item up at 11:23 a.m. 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 11:24 a.m. Page 4 of 5 Windward Planning Commission November 5,2020 Minutes Respectfully submitted, Melissa Dacayanan-Salvador, Temporary Assigned Secretary ATTEST: Thomas Raffipiy, Chairman Windward Planning Commission Page 5 of 5 Windward Planning Commission November 5,2020 Minutes