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Home My WebLink About2021-08-05 Windward Planning Commission Minutes WINDWARD PLANNING COMMISSION COUNTY OF HAWAII MINUTES AUGUST 5, 2021 The Windward Planning Commission met in regular session at 9:01 a.m., with Chairman John Replogle presiding. Based on the Governor's Twenty-First Proclamation Related to the COVID- 19 Emergency dated June 7, 2021, this meeting was held online, with live-streaming for the public to observe the meeting. VIRTUAL ATTENDANCE(COMMISSIONERS): Dean Au, Gilbert Aguinaldo, Joseph Clarkson, Dennis Lin, Michelle Galimba, Thomas Raffipiy (recused and excused at 9:06 a.m.), John Replogle. VIRTUAL ATTENDANCE(STAFF): Jeffrey Darrow (Deputy Planning Director), Malia Hall (Deputy Corporation Counsel for the Windward Planning Commission), Jean Campbell (Deputy Corporation Counsel for the Planning Department), Maija Jackson (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. APPROVAL OF MINUTES At 9:04 a.m. it was moved by Commissioner Raffipiy and seconded by Commissioner Au that the minutes of July 1, 2021, be approved. A voice vote was taken, and the motion carried with all in favor and no noes. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS Chairman Replogle called upon the public testifiers, explained the procedure, and swore him in to tell the truth in their testimony. At 9:05 a.m. one individual provided statement regarding New Business Item 1, the application of CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL/COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) (SPP 12-000138). The testimony ended at 9:21 a.m. [SEE TESTIMONY TRANSCRIPT EXHIBIT AJ It was moved by Commissioner Lin and seconded by Commissioner Au that public testimony be closed. A voice vote was taken, and the motioned carried all in favor. Page 1 of 4 Windward Planning Commission August 5,2021, Minutes NEW BUSINESS 1. APPLICANT: HAWAII ISLAND HUMANE SOCIETY (Amend SPP 387) Request to amend Special Permit No. 387 to allow the construction of a new 1,975 square foot dog pavilion to house an additional 30 dogs, a 762 square foot exercise area, three offices with 392 square feet of new space, modifications to the exterior of the existing facility to provide for a consistent facade and related improvements. Additionally, once the new pavilion is constructed, the applicant is requesting to demolish an existing, 1,600 square foot, 17-kennel structure and expand the exercise and training area by the same land area. Special Permit No. 387 was approved in 1978 to legitimize and expand the Hawaii Island Humane Society use on approximately 2.69 acres of land within the State Land Use Agricultural district. The subject property is located at 16-873 Kea`au-Pahoa Road (Route 130), approximately 1,500 feet southeast of its intersection with the Kea`au-Pahoa Bypass Road, Kea`au, Puna, Hawaii, TMK: 1-6-003:074. This item was returned by the Planning Department as it was deemed unnecessary and not heard. UNFINISHED BUSINESS 2. APPLICANT: CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL/ COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) (SPP 12-000138) Discussion and action limited to the procedural question on whether the Windward Planning Commission will make a decision on the record as presented or open the record to hear new evidence regarding Special Permit SPP No. 12-000138, which was remanded back to the Windward Planning Commission by Intermediate Court of Appeals for further proceedings consistent with its January 31, 2020 Memorandum Opinion vacating the County of Hawaii Windward Planning Commission's May 12, 2014 Decision and Order, which denied Special Permit SPP No. 12-000138. The subject Special Permit sought to develop a K to 12 charter school campus with dorm facilities and related uses on approximately 70 acres of land situated in the State Land Use Agricultural District. The property is located on both the southwest and northeast sides of Edita Street near its intersection with Kaumana Drive and adjoining the Pacific Plantation Subdivision in Kaumana, South Hilo, Hawaii, TMK: 2-5-006:141. The Commission took this item up at 9:22 a.m. At 9:25 a.m., it was moved by Commissioner Au and seconded by Commissioner Aguinaldo that the Commission enter 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 HRS 92-5. A voice vote was taken ofall Commissioners present, and the motion carried with six aye votes. Page 2 of 4 Windward Planning Commission August 5,2021, Minutes The live-stream meeting was placed on hold and at 9:28 a.m. the Commission went into executive session. At 9:39 a.m. the live-stream meeting reconvened. Action: It was moved by Commissioner Clarkson and seconded by Commissioner Galimba to open the record to hear new evidence limited to items in the Appellate Court's opinion. A roll call vote was taken, and the motion failed with two (2) ayes (Clarkson, Galimba) and four(4) noes (Aguinaldo, Au, Lin, Replogle). It was moved by Commissioner Lin and seconded by Commissioner Au that the Commission make a decision on the record as presented at the next Commission hearing. A roll call vote was taken, and the motion carried with four(4) ayes (Lin, Au, Aguinaldo, Replogle) and two (2) noes (Clarkson, Galimba). It was moved by Commissioner Au and seconded by Commissioner Lin to continue the hearing to the Commission's October 7, 2021, to allow the Commission ample time to review the entire record. A voice vote was taken, and the motion carried with all in favor and no noes. The hearing item ended at 10:26 a.m. [SEE HEARING TRANSCRIPT EXHIBIT BJ 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 10:26 a.m. Ms. Jackson said there are no administrative matters but, the Special Management Area(SMA) Assessment log and the SMA Short-Form log is normally provided and apologized as one was not provided this month due to the transition with the new EPIC permitting system. She requested for an extra month to create a new log within the EPIC system and hopefully at the October meeting the SMA log will show information from July through September. There were no objections by the Commission. ANNOUNCEMENTS Chairman Replogle stated the Windward Planning Commission's next monthly meeting is scheduled for Thursday, September 2, 2021, by interactive video conference via Zoom. Commissioner Au asked staff how many items were scheduled on the September agenda and indicated that he would like to make additions to the Planning Commission rules. Ms. Jackson indicated that there was just one item on the September agenda. She stated as far as the rules go, once Planning Department Staff's familiarization with EPIC system is completed then the focus would shift back to initiating some rule amendments. According to Ms. Jackson, the two priority rule amendments include rule updates to address changes to state law through Act 16 related to the Special Management Area(SMA) and Shoreline Setback Variances. The second priority is a rule amendment mentioned by Commissioner Au,to address the recusal of Commissioners with suggested language from the Board of Appeals rule on the same topic. Ms. Jackson also Page 3 of 4 Windward Planning Commission August 5,2021, Minutes mentioned she looked at the Board of Appeals rule and will provide Commissioner Au a copy to identify which sections he would like to include in a new Planning Commission rule. Commissioner Clarkson asked if a clean copy of the existing Planning Commission rules as interpreted by the Planning Department after the last Joint meeting was available. Ms. Jackson answered affirmatively, indicating that a copy of the new rules would be provided shortly. Commissioner Au addressed the students in attendance from Connections New Century Public Charter School and indicated his appreciation for their attendance. He stated government is an interesting process and he hoped to see them one day in getting involved with government. ADJOURNMENT There being no further business, a voice vote for adjournment was taken all in favor and none opposed. Chairman Replogle adjourned the meeting at 10:31 a.m. Respectfully submitted, Melissa Dacayanan-Salvador, Secretary ATTEST: John R. Replogle, Chairman Windward Planning Commission Page 4 of 4 Windward Planning Commission August 5,2021, Minutes