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Home My WebLink About2021-04-01 Windward Planning Commission Minutes WINDWARD PLANNING COMMISSION COUNTY OF HAWAII MINUTES APRIL 1, 2021 The Windward Planning Commission met in regular session at 9:04 a.m., with Chairman John Replogle presiding. Based on the Governor's Eighteenth Proclamation Related to the COVID- 19 Emergency dated February 12, 2021, this meeting was held online, with live-streaming for the public to observe the meeting. VIRTUAL ATTENDANCE(COMMISSIONERS): Gilbert Aguinaldo, Dean Au, Joseph Clarkson, Michelle Galimba, Thomas Raffipiy, Dennis Lin, John Replogle. VIRTUAL ATTENDANCE(STAFF): Zendo Kern (Planning Director), Jeff Darrow (Deputy Planning Director), Malia Hall (Deputy Corporation Counsel for the Windward Planning Commission), Jean Campbell (Deputy Corporation Counsel for the Planning Department), Christian Kay (Planner), Alex Roy (Planner), Maija Jackson (Temporary Assignment Program Manager), and Melissa Dacayanan-Salvador (Windward Planning 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 Replogle called the meeting to order. He explained the procedure and protocol for this online meeting and live public testimony. He introduced the Commissioners and staff who were in virtual attendance. STATEMENTS FROM THE PUBLIC At 9:08 a.m. the Commission took up statements from the public. There were no public testifiers. It was moved by Commissioner Lin and seconded by Commissioner Aguinaldo that public testimony be closed. A voice vote was taken, and the motion carried with all in favor. NEW BUSINESS 1. APPLICANT: KELLY KAGIMOTO (Formerly Beretania Properties, Inc.) (AMEND REZ 399) Application for an amendment to delete all conditions of Change of Zone Ordinance No. 81-723, which rezoned a 9,245 square-foot portion of a larger 20,188 square-foot property from a Single-Family Residential-10,000 square feet(RS-10) to Neighborhood- Page 1 of 4 Windward Planning Commission April 1,2021 Minutes Commercial-10,000 square-feet (CN-10) zoning district, while retaining the CN-10 zoning. The subject parcel is located at 2169 Kino`ole Street, Waiakea Homestead Lots, Waiakea, South Hilo District, Hawaii, TMK: (3) 2-2-041:075 (por). The Commission took this item up at 9:09 a.m. Action: It was moved by Commissioner Au and seconded by Commissioner Aguinaldo that a favorable recommendation be forwarded to the County Council on the application to amend Change of Zone Ordinance No. 723, based on the Planning Director's recommendation, which shall be adopted. A roll call vote was taken, and the motion carried with seven (7) ayes (Au, Aguinaldo, Clarkson, Galimba, Lin, Raffipiy, Replogle) and no noes. This hearing item ended at 9:32 a.m. [SEE HEARING TRANSCRIPT EXHIBIT AJ 2. APPLICANT: MARTIN ANDERSON DECLARATION TRUST, NORMAN ABRAHAM PIIANAIA REVOCABLE LIVING TRUST AND KAPOHO PROPERTIES, LLC (REZ-21-000243) Application for a Change of Zone from an Open (0) to an Industrial-Commercial Mixed Use-20,000 square feet (MCX-20) zoning district for 3.29-acres of land. The subject parcels are situated at the old Hilo Iron Works property located at 1280 Kamehameha Avenue, Pi`opi`o, South Hilo District, Hawaii, TMKs: (3) 2-2-001:008, 017 through 019, 024, 030, & 034. The Commission took this item up at 9:32 a.m. Action: It was moved by Commissioner Au seconded by Commissioner Aguinaldo that a favorable recommendation be forwarded to the County Council on the application for Change of Zone Docket Number 21-000243, based on the Planning Director's recommendation and the deletion of Condition J which shall be adopted. A roll call vote was taken, and the motion carried with seven (7) ayes (Au, Aguinaldo, Clarkson, Galimba, Lin, Raffipiy, Replogle) and no noes. This hearing item ended at 10:34 a.m. [SEE HEARING TRANSCRIPT EXHIBIT BJ 3. APPLICANT: JP AUTOMOTIVE LLC (Formerly Conrad & Joanne Dakujaku) (AMEND REZ 09-000097) Application for a five (5)year time extension to Condition D (Time to Complete Construction) of Change of Zone Ordinance No. 09 138, which rezoned approximately 22,300 square feet of land from a Single-Family Residential-10,000 square feet(RS-10) to an Industrial-Commercial Mixed-20,000 square feet(MCX-20) zoning district. The property is located at 513 Kalanikoa Street, along the east side of Kalanikoa Street approximately 100 feet north of its intersection with Hualani Street, Waiakea Houselots 1st series, Waiakea, South Hilo, Hawaii, TMK: 2-2-035:034. The Commission took this item up at 10:34 a.m. Action: It was moved by Commissioner Lin and seconded by Commissioner Aguinaldo that a favorable recommendation be forwarded to the County Council on the application to amend Page 2 of 4 Windward Planning Commission April 1,2021 Minutes Change of Zone Ordinance No. 09-138, based on the Planning Director's recommendation, which shall be adopted. A roll call vote was taken, and the motion carried with seven (7) ayes (Lin, Aguinaldo, Au, Clarkson, Galimba, Raffipiy, Replogle) and no noes. This hearing item ended at 10:53 a.m. [SEE HEARING TRANSCRIPT EXHIBIT Q MINUTES Approval of Minutes of the March 4, 2021 Windward Planning Commission meeting At 10:53 a.m. it was moved by Commissioner Raffipiy and seconded by Commissioner Lin that the Minutes of March 4, 2021, be approved as distributed. A voice vote was taken, and the motion carried with all in favor. ADMINISTRATIVE MATTERS 1. Discussion of recent Special Management Area(SMA) determinations, minor permits and enforcement action issued by the Planning Director. The Commission took this item up at 10:54 a.m. The Planning Director Zendo Kern returned to the meeting. Ms. Jackson stated the Department has received numerous SMA Assessments applications in the last 2 months and normally they receive about 4 to 5 applications per month and in both February and March they received about 9 applications per month. So, they have been receiving more than double the normal and it was reflected in the log provided to the Commission earlier this week. There are about 29 active applications of these about 9 are about to be approved or will see some kind of decision letter and they are trying to move forward and get these permits out quickly but there is a high volume at this time. In discussion, Commissioner Clarkson stated he did not see anything on the log but was curious about the enforcement action that Chair Replogle indicated. Ms. Jackson replied they have been giving the Commission an update on enforcement when there are enforcement actions and at this time there are no major enforcement actions taking place in East Hawaii related to SMA. This hearing item ended at 10:57 a.m. ANNOUNCEMENTS Ms. Jackson stated relating to SMA that the State Office of Planning who runs the Coastal Zone Management(CZM) Program for the state offered to do training for the Planning Commissions relating to SMA and shoreline setback regulations. She indicated they are coordinating to have a presentation be given to the Commission hopefully in May or possibly June and working on doing a Q & A after the Office of Planning's presentation so any specific questions can be answered relating to SMA and shoreline permitting on our island. She also mentioned a link was Page 3 of 4 Windward Planning Commission April 1,2021 Minutes sent on the Sea Level Rise Vulnerability and Adaptation Report done by the State and staff be able to answer any questions about the report at the meeting. Commissioner Clarkson requested an update on all the pending litigation, contested case hearings et cetera as the Commission has not heard anything for some time now. Ms. Jackson provided an update on the Kirpal Meditation Center, Special Permit application for a project in Puna that the Commission received a contested case on. She indicated all parties have agreed to a mediator and the mediation is scheduled for May 7h and depending on the outcome of the mediation the Commission will probably see that application in June but more likely in July. Commissioner Clarkson inquired if there was anything concerning Pi`ilani Partners and Deputy Corporation Malia Hall replied no appeal was ever filed from their last decision and no further action is required. Director Kern expressed his gratitude to the Commission for their service and being present for the meeting to have quorum. ADJOURNMENT There being no further business, it was moved by Commissioner Au and seconded by Commissioner Clarkson that the meeting be adjourned. A voice vote on the motion to adjourn was taken, and the motion carried with none opposed. Chairman Replogle adjourned the meeting at 11:01 a.m. Respectfully submitted, Melissa Dacayanan-Salvador, Secretary ATTEST: John Replogle, Chairman Windward Planning Commission Page 4 of 4 Windward Planning Commission April 1,2021 Minutes