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Home My WebLink About2021-10-07 Windward Planning Commission MInutes WINDWARD PLANNING COMMISSION COUNTY OF HAWAII MINUTES OCTOBER 7, 2021 The Windward Planning Commission met in regular session at 9:05 a.m., with Chairman John Replogle presiding. Based on the Governor's Emergency Proclamation Related to the COVID- 19 Response dated August 5, 2021, this meeting was held online, with live-streaming for the public to observe the meeting. VIRTUAL ATTENDANCE(COMMISSIONERS): Dean Au, Gilbert Aguinaldo (excused at 11:29 a.m.), Joseph Clarkson, Dennis Lin, Michelle Galimba, Thomas Raffipiy (recused and excused at11:29 a.m.), John Replogle. VIRTUAL ATTENDANCE(STAFF): Zendo Kern (Planning Director), Jeffrey 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), Eric Cook(Planner), Jessica Andrews (Planner), 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 9:08 a.m. it was moved by Commissioner Lin and seconded by Commissioner Au that the minutes of August 5, 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 individuals registered to provide oral testimony. He swore them in to tell the truth in their testimony and explained the procedure. At 9:09 a.m. twelve individuals provided testimony regarding Unfinished Business Item 4, the application of CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL/COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) (SPP 12-000138). The testimony ended at 9:54 a.m. [SEE TESTIMONY TRANSCRIPT EXHIBIT AJ Page 1 of 5 Windward Planning Commission October 7,2021, Minutes It was moved by Commissioner Galimba and seconded by Commissioner Aguinaldo that public testimony be closed. There being no discussion on the motion, a voice vote was taken, and the motion carried by unanimous vote of those present. NEW BUSINESS 1. APPLICANT: TAKATA DENTAL HEALTH CENTER INC. (AMEND REZ 11-000146) Application for time extensions to Condition B (time to complete construction) and Condition C (water commitment) of Change of Zone Ordinance No. 12 33 which rezoned one (1) acre of land from a Single-Family Residential — 10,000 square feet(RS-10) to a Residential-Commercial Mixed Use—20,000 square feet(RCX-20) zoning district. The subject property is located at 1732 Kilauea Avenue, approximately 750 feet south of its intersection with Kawili Street intersection, Waiakea Homestead Houselots, South Hilo, Hawaii, TMK: 2-2-038:028. The Commission took this item up at 9:55 a.m. Action: It was moved by Commissioner Galimba 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. 12 33, 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 (Galimba, Aguinaldo, Au, Clarkson, Lin, Raffipiy, Replogle) and no noes. The hearing item ended at 10:09 a.m. [SEE HEARING TRANSCRIPT EXHIBIT BJ 2. APPLICANT: LEILA SHIMIZU (REZ 21-000247) Application for a Change of Zone from a Single-Family Residential-10,000 square feet (RS-10) to an Industrial-Commercial Mixed - 20,000 square feet(MCX-20) zoning district for approximately 22,300-square feet of land. The subject properties are located at 755 Kekuanao`a Street and 605 Kalanikoa Street, at the northeast corner of the Kekuanao`a Street- Kalanikoa Street intersection, Waiakea Houselots, South Hilo, Hawaii, TMKs: 2-2-035:049 and 2-2-035:096. The Commission took this item up at 10:09 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 for a Change of Zone Docket No. REZ-21-000247, 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 (Replogle, Aguinaldo, Au, Clarkson, Galimba, Lin, and Raffipiy) and no noes. The hearing item ended at 10:22 a.m. [SEE HEARING TRANSCRIPT EXHIBIT Q Chairman Replogle called a recess at 10:22 a.m., at that time Planning Director Zendo Kern recused himself from the meeting and stated Deputy Director Jeff Darrow will take over for the next two (2) items on the agenda. The Chair called the meeting back to order at 10:32 a.m. Page 2 of 5 Windward Planning Commission October 7,2021, Minutes 3. APPLICANT: ARTS AND SCIENCES CENTER (SPP 21-000228) Application for a Special Permit to allow the construction and operation of an elementary school campus for approximately 300 students on approximately 2.31 acres of land within the State Land Use Agricultural district. The subject property is located at 16-1678 34'h Avenue, on the northwest corner of the Orchidland Drive—34h Avenue intersection, Orchid Land Estates, Puna, Hawaii, TMK: 1-6-010:083. The Commission took this item up at 10:32 a.m. Action: It was moved by Commissioner Au and seconded by Commissioner Aguinaldo that the application for Special Permit Docket No. 21-000228, be approved based on the Deputy Planning Director's recommendation, including revised Condition No. 7 and the additional condition regarding traffic management, 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. The hearing item ended at 11:29 a.m. [SEE HEARING TRANSCRIPT EXHIBIT DJ UNFINISHED BUSINESS 4. APPLICANT: CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL/ COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) (SPP 12-000138) Hearing on Special Permit application SPP No. 12-000138 record as presented on appeal. SPP No. 12-000138 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. Application for a Special Permit 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 11:29 a.m. Commissioner Raffipiy recused himself in participating with the agenda item and Commissioner Aguinaldo was excused for the remainder of the hearing. At 11:32 a.m., it was moved by Commissioner An and seconded by Commissioner Lin 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 five aye votes. Page 3 of 5 Windward Planning Commission October 7,2021, Minutes The live-stream meeting was placed on hold and at 11:32 a.m. the Commission went into executive session. [NO TRANSCRIPT AVAILABLE/At 11:58 a.m. the live-stream meeting reconvened. Action: It was moved by Commissioner Clarkson and seconded by Commissioner Galimba that the application for Special Permit No. 12-000138,be continued for new evidence related to public trust issues and other factual issues relating to the permit application. A roll call vote was taken, and the motion failed with two (2) ayes (Clarkson, Galimba) and three (3)noes (Au, Lin, Replogle). It was moved by Commissioner Lin and seconded by Commissioner Au that the application for Special Permit Docket No. SPP-12-000138 be approved and a favorable recommendation be forwarded to State Land Use Commission based on the Planning Director's recommendation, which shall be adopted. A roll call vote was taken, and the motion carried with four(4) ayes (Lin, Au, Galimba, Replogle) and one (1)no (Clarkson). It was moved by Commissioner Au and seconded by Commissioner Galimba that the adoption of the written Findings of Facts, Conclusions of Law, and Decision and Order be continued to the next scheduled meeting in November for the approval of Special Permit Docket No. 12-000138. A roll call vote was taken, and motion carried with five (5) ayes (Au, Galimba, Clarkson, Lin, Replogle). The hearing item ended at 2:03 p.m. [SEE HEARING TRANSCRIPT EXHIBIT EJ AGENDA ITEMS FOR NEXT MEETING At 2:03 p.m. Chairman Replogle asked staff how many agenda items are on the next meeting agenda. Planner Christian Kay said with the consideration of the Findings of Fact there will be three (3) items on the agenda. He stated there is a Planning Director initiated repeal of a rezoning ordinance, and a State Land Use Boundary Amendment for an affordable housing project and the consideration of the Findings of Fact, Conclusions of Law and Decision and Order for Connections. ANNOUNCEMENTS At 2:03 p.m. Chairman Replogle said the next Windward Planning Commission's monthly meeting will be scheduled for Thursday, November 4, 2021, by interactive video conference via Zoom. Commissioner Au asked staff about the timing of adopting a conflict-of-interest and recusal rule for the Planning Commission. Ms. Jackson stated the issue is the Department is trying to schedule the rule amendment he mentioned at the same time as the rule amendments for Special Management Area(SMA) related to Act 16. She said logistically it is difficult to have a Joint Commission meeting and currently the Department has the Act 16 rule changes scheduled for early next year. Commissioner Au stated in the economic environment we are in now a rule should be set and he was surprised in the prior years he served on the Commission there was no Page 4 of 5 Windward Planning Commission October 7,2021, Minutes rule. When he served on the Board of Appeals board, he realized the importance of having rules setin place. ADJOURNMENT There being no further business, it was moved by Commissioner Lin and seconded by Commissioner Galimba that the meeting be adjourned. A voice vote was taken, and the motion carried by unanimous vote of those present. Chairman Replogle adjourned the meeting at 2:08 p.m. Respectfully submitted, Melissa Dacayanan-Salvador, Secretary ATTEST: John R. Replogle, Chairman Windward Planning Commission Page 5 of 5 Windward Planning Commission October 7,2021, Minutes