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Home My WebLink About2022-02-03 Windward Planning Commission Minutes WINDWARD PLANNING COMMISSION COUNTY OF HAWAII MINUTES FEBRUARY 3, 2022 The Windward Planning Commission met in regular session at 9:04 a.m., with Chairman Dean Au presiding. Based on the Governor's Emergency Proclamation Related to Sunshine Law In- Person Meetings dated December 29, 2021, the requirement to have at least one in-person meeting location has been suspended through February 28, 2022. This meeting was held online, with live streaming for the public to observe the meeting. COMMISSIONERS PRESENT: Dean Au, Joseph Clarkson, Michelle Galimba, Dennis Lin, Thomas Raffipiy, John Replogle COMMISSIONER EXCUSED: Gilbert Aguinaldo ALSO IN ATTENDANCE: Zendo Kern (Planning Director), Jeffrey Darrow (Deputy Planning Director), Dakota(Cody) Frenz (Deputy Corporation Counsel for the Windward Planning Commission), Jean Campbell (Deputy Corporation Counsel for the Planning Department), Tracie-Lee Camero (Planner), Maija Jackson (Planning 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 Au 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 9:07 a.m. it was moved by Commissioner Galimba and seconded by Commissioner Lin that the minutes of the January 6, 2022, be approved. A voice vote was taken, and the motion carried with all in favor, and none opposed. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS At 9:08 a.m. the Commission took up statements from the public. There were no public testifiers registered to give oral testimony for today. Page 1 of 4 Windward Planning Commission February 3,2022 Minutes NEW BUSINESS 1. INITIATOR: PLANNING DIRECTOR (ELLIS JACOB HESTER TRUST) (REZ 1052/PL-PDI-2021-000002) The Planning Director has initiated the repeal of Change of Zone Ordinance No. 04 120 and amendment to Section 25-8-28 (Ka`u District Zone Map), Chapter 25, Article 8, of the Hawaii County Code 1983 (2016 edition, as amended), by reverting the current zoning of the subject properties from Agricultural Project District(APD)to their original Agricultural 20-acres (A20-a) zoning district for 171.782 acres of land. The rezone area consisting of two (2)parcels is located at 96-3090 Meyer Road, approximately 1.5 miles northwest(mauka) of Hawaii Belt Road, Palima&Pa`auau, Ka`u, Hawaii, TMKs: (3) 9-6-005:108 & (3) 9-6- 006:004. This item was postponed until the March 2022 commission meeting. 2. APPLICANT: GARVIN & LAURA GOODE (PL-REZ-2021-000003) Application for a Change of Zone from an Agricultural-20 acres (A-20a) to a Family Agricultural-2 acres (FA-2a) zoning district for approximately 9.581 acres of land. The subject property is located at 27-2365 Hawaii Belt Road, 300 feet west(mauka) of its intersection with Kalama Camp Road, Portions of Aleamai & Kalaoa, South Hilo, Hawaii, TMK: (3) 2-7-008:130. The Commission took this item up at 9:09 a.m. Action: It was moved by Commissioner Replogle and seconded by Commissioner Raffipiy that a favorable recommendation be forwarded to the County Council on the application for a Change of Zone Docket No. PL-REZ-2021-000003, based on the Planning Director's recommendation, which shall be adopted. A roll call vote was taken, and the motion carried with six (6) ayes (Replogle, Raffipiy, Clarkson, Galimba, Lin, Au). The hearing item ended at 9:32 a.m. [SEE HEARING TRANSCRIPT EXHIBIT AJ At 9:33 a.m. Planning Director Zendo Kern left the meeting due to a conflict of interest for the next item. UNFINISHED BUSINESS 3. APPLICANT: APPLICANT: JOHN HEWETT & PATRINA NIU-HEWETT (PL-SPP-2021-000005) Consideration and Adoption of Proposed Findings of Fact, Conclusions of Law and Decision and Order for the denial of Special Permit No. PL-SPP-2021-000005 for the operation of a self-storage and mailing service facility and related improvements on an approximately 1.64- acre property in the State Land Use Agricultural District. The subject property is located at 16-308 `Ainaloa Boulevard in the Orchid Land Estates Subdivision, approximately 1 mile southwest of its intersection with Kea`au-Pahoa Road, or Highway 130, directly across from Page 2 of 4 Windward Planning Commission February 3,2022 Minutes the `Ainaloa Longhouse complex, Orchidland Estates Subdivision, Kea`au, Hawaii, TMK: (3) 1-6-008:328. The Commission took this item up at 9:33 a.m. Action: It was moved by Commissioner Replogle and seconded by Commissioner Lin that the Proposed Findings of Fact, Conclusions of Law, Decision and Order be approved and adopted. A roll call vote was taken, and the motion carried with six (6) ayes (Replogle, Lin, Clarkson, Galimba, Raffipiy, Au). The hearing item ended at 9:35 a.m. [SEE HEARING TRANSCRIPT EXHIBIT BJ PLANNING DIRECTOR'S REPORT Report on Special Management Area(SMA) determinations, minor permits and enforcement action issued by the Planning Director between July and December 2021. The Commission took this time up at 9:35 a.m. There was no discussion or questions on the recent SMA logs. AGENDA ITEMS FOR NEXT MEETING At 9:35 a.m. Chairman Au asked staff how the agenda looks like for the next meeting agenda. Program Manager Maija Jackson answered on the March 3rd meeting there is one (1) item on the agenda which is Item 41 Initiator: Planning Director (Ellis Jacob Hester Trust) (REZ 1052/PL- PDI-2021-000002) that was postponed today. Commissioner Raffipiy asked the Chair whether he will be required to attend the next meeting. Ms. Jackson mentioned Mr. Wayne De Luz was nominated to fill his seat in Puna. She stated Mr. De Luz's nomination has gone through the Planning Committee and received a favorable recommendation and it is expected that he will be confirmed at the next County Council. If the confirmation is successful, then Commissioner Raffipiy will not be required to attend the March meeting and she also stated she will be in touch with him. Commissioner Clarkson asked if the process has begun to fill the remaining positions. Ms. Jackson said Lauren Balog was recently nominated to fill Commissioner Clarkson's seat and the nomination will be going through the Planning Committee and County Council process. She is unaware whether Ms. Balog will be confirmed prior to the March meeting, and she will keep in touch with him if he needs to attend the March meeting. In regard to Commissioner Replogle's seat, Ms. Jackson answered at this time there is no one nominated to fill the seat and would appreciate if Commissioner Replogle attend the March meeting. ANNOUNCEMENTS At 9:40 a.m. Chairman Au said the next Windward Planning Commission's monthly meeting will be scheduled for Thursday, March 3, 2022. Page 3 of 4 Windward Planning Commission February 3,2022 Minutes ADJOURNMENT There being no further business, it was moved by Commissioner Replogle and seconded by Commissioner Clarkson that the Windward Planning Commission February 3, 2022 meeting be adjourned. A voice vote was taken, and the motion carried by unanimous vote of those present. Chairman Au adjourned the meeting at 9:41 a.m. Respectfully submitted, Melissa Dacayanan-Salvador, Secretary ATTEST: Dean Au, Chairman Windward Planning Commission Page 4 of 4 Windward Planning Commission February 3,2022 Minutes