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HomeMy WebLinkAbout2022-05-05 Windward Planning Commission Minutes WINDWARD PLANNING COMMISSION COUNTY OF HAWAI`I MINUTES MAY 5, 2022 The Windward Planning Commission met in regular session at 9:06 a.m., with Chairman Dean Au presiding. Pursuant to Act 220, Session Laws of Hawaii 2021, effective January 1, 2022, this meeting was held online, with live stream video for the public to observe the meeting and with the County of Hawaii Aupuni Center Conference Room open to the public as an in- person meeting site. COMMISSIONERS PRESENT: Dean Au, Michelle Galimba, Lauren Balog, Louis Daniele 111, and Dennis Lin ABSENT AND EXCUSED: Gilbert Aguinaldo, Wayne De Luz ALSO IN ATTENDANCE: Malia Kekai, Esq. (Counsel for the Commission), Jean Campbell, Esq. (Counsel for the Planning Department), Zendo Kern (Planning Director), Jeffrey Darrow (Deputy Planning Director), Maija Jackson (Planning Program Manager), Christian Kay (Planner), Jessica Andrews (Planner) and Melissa Dacayanan-Salvador (Windward Planning Commission Secretary) A quorum was present. Chairman Au called the meeting to order. He described the public accessibility to this meeting and the protocol for the participants to follow. Chairman Au called the roll of the Commissioners and welcomed new Commissioner Louis Daniele III. At this time Director Kern on behalf of the Planning Department and the County of Hawaii expressed to Chair Au his appreciation and diligent service to the community who was ending his term at the end of this meeting. A virtual certificate of appreciation was presented. Chair Au thanked everyone for the opportunity and the introduction of staff was made. APPROVAL OF MINUTES At 9:14 a.m. the Commission took up the minutes of the April 7, 2022, Windward Planning Commission meeting. No corrections were offered. It was moved by Commissioner Lin and seconded by Commissioner Galimba that the minutes be approved as submitted. A voice vote was taken, and the motion carried with all in favor, and none opposed. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS At 9:16 a.m. Chairman Au stated there were three (3) members of the public who wished to provide verbal testimony on Zoom. Planner Tracie-Lee Camero confirmed there were six (6) Page 1 of 5 Windward Planning Commission May 5,2022 Minutes members of the public signed up to testify at the County of Hawaii Aupuni Center Conference Room. Chairman Au called upon the testifiers, swore the individuals in to tell the truth in their testimony and explained the procedure. At 9:07 a.m. eight(8) individuals provided testimony regarding the PLANNING DIRECTOR'S REPORT. The testimony ended at 9:42 a.m. [SEE TESTIMONY TRANSCRIPT EXHIBIT A] It was moved by Commissioner Lin and seconded by Commissioner Galimba that public testimony be closed. There being no discussion on the motion, a voice vote or by waving of hands was taken, and the motion carried by unanimous vote of those present. At 9:43 a.m. Planning Director Zendo Kern left the meeting due to a conflict of interest for the next item. NEW BUSINESS 1. APPLICANT: LAWRENCE PALMER(PL-REZ-2022-000016) Application for a Change of Zone from a Single-Family Residential-10,000 square feet (RS-10) to a Village Commercial-10,000 square feet(CV-10) zoning district for approximately 11,254 square feet of land. The subject property is located at 16-540 Laukahi Place, approximately 150 feet east of its intersection with Old Volcano Road, Kea`au, Puna, Hawaii, TMK: (3) 1-6-002:082. The Commission took up this item at 9:44 a.m. Action: It was moved by Commissioner Lin and seconded by Commissioner Daniele that the application for Change of Zone be approved based on the Planning Director's recommendation and with the applicant's proposed amendment to Condition K. A roll call vote was taken, and the motion did not carry with three ayes (Lin, Daniele, Au), and two noes (Galimba, Balog). Action: It was moved by Commissioner Galimba and seconded by Commissioner Balog that the application for Change of Zone be approved based on the Planning Director's recommendation. A roll call vote was taken, and the motion carried with five ayes (Galimba, Balog, Daniele, Lin, Au). This hearing item ended at 10:36 a.m. [SEE HEARING TRANSCRIPT EXHIBIT B] 2. APPLICANT: ACADEMIA SINICA INSTITUTE OF ASTRONOMY AND ASTROPHYSICS (PL-SPP-2022-000011) Application for a Special Permit for the temporary operation of an array of satellite dishes to conduct research on Fast Radio Bursts (FRBs) on an approximately 0.5-acre portion of a larger 21.80-acre property in the State Land Use Agricultural District. The subject Page 2 of 5 Windward Planning Commission May 5,2022 Minutes property is located at 96-1048 Center Road, at its intersection with North Road, Ka`ala`ala, Kanaio, Wood Valley, Ka`u, Hawaii, TMK: (3) 9-6-008:067 (por.). This item was withdrawn by the request of the Applicant via communication dated 5-2-22 Chairman An called for a recess at 10:36 a.m. and called the meeting back to order at 10:41 a.m. and Director Kern rejoined the meeting. 3. INITIATOR: COUNTY COUNCIL (BILL NO. 120) An Ordinance amending Chapter 24, Article 8, and Chapter 25, Article 1 and Article 4, Division 5, of the Hawaii County Code 1983 (2016 Edition, as Amended), relating to providing, maintaining, and dedicating parking spaces and charging stations for electric vehicles. The purpose of this amendment is to establish requirements for providing parking spaces equipped with an electric vehicle charging station in places of public accommodation and to establish requirements for parking in these spaces and establishing penalties for violations of those requirements in compliance with of Sections 291-71 and 291-72, Hawai`i Revised Statutes. The Commission took up this item at 10:41 a.m. Action: It was moved by Commissioner Au and seconded by Commissioner Galimba that a favorable recommendation be forwarded to the County Council on Draft Bill 120 with the Planning Director's recommended revisions. A roll call vote was taken, and the motion carried with five ayes (Au, Galimba, Balog, Daniele, Lin). This hearing item ended at 12:41 p.m. [SEE HEARING TRANSCRIPT EXHIBIT C] PLANNING DIRECTOR'S REPORT Report on Special Management Area (SMA) determinations, minor permits and enforcement action issued by the Planning Director. At 12:41 a.m. Chairman Au introduced this item. Ms. Jackson noted that the Short-Form Assessment Log and the SMA Assessment Log were emailed to the Commissioners on May 2, 2022. She pointed out a correction to the SMA Assessment Log for SAA Case Number 34 for Waiakea Villas. The log incorrectly showed a valuation of$573,000.00 when the applicant initially applied, with a change in the request the valuation reduced to $442,260.00 and apparently the SMA Assessment log was not corrected to reflect this change in valuation. She stated the correction will be reflected in the next month's log. Ms. Jackson spoke in regard to testimonies given earlier in the meeting concerning a project in Pepe`ekeo which is currently under review by the Department. She explained this was an SMA assessment which was applied for 2 years ago and was on hold pending receipt of requested information. Apparently, the applicant had removed a structure and fencing out of the public access easement and therefore the Department will shortly be closing that action which will also be reflected in next month's log. She offered to answer any questions regarding those logs. Page 3 of 5 Windward Planning Commission May 5,2022 Minutes Commissioner Galimba asked staff if the gate situation, shown in photos submitted by testifier Claudia Rohr, is no longer a case or if there are any updates on the issue. Ms. Jackson answered it is her understanding the gate is still there, but the fencing in the public access easement has been removed. She stated the gate is outside of the SMA but is preventing vehicular access down to a vehicular parking lot easement. There are questions about the easement the gate is on as the Department records shows the easement is only for pedestrian access and the Department is presently researching how a pedestrian easement was created down to a vehicular access parking lot. It has not yet been resolved and that is why the case is still pending. Planner Alex Roy stated to be clear the easement itself is not closed and there is pedestrian access from the limited parking area down to the shore. He stated the gate is located further up closer to the Hu Honua entrance which seems to be the issue and the Department is currently working with the landowner to resolve the matter. Apparently, it was mentioned when the easement was created the grant of easement Number 7 was not listed and is skipped in the easement documents. Mr. Roy also stated one of the issues is the parking area which is part of the easement document was not established and considered to be unsafe. He reiterated that the Department is currently in the process of resolving the issues with the landowner in order to maintain adequate parking and access remains open for all to enjoy. AGENDA ITEMS FOR NEXT MEETING At 12:49 p.m. Chairman Au called upon staff to provide information on the next meeting on Thursday, June 2, 2022. Ms. Jackson said there are two items scheduled and both is for a Special Permit application, and there will be an Election of Officers as it is Chair Au's last meeting. She informed Commissioner Galimba that she will preside at the June meeting and that whoever is selected as Chair at the June meeting will preside at the July meeting. Commissioner Lin inquired whether the next WPC commission meeting will be in-person. Ms. Jackson confirmed it will be and asked all Commissioners, applicants, and staff to be present at the Aupuni Center on June 2, 2022. She mentioned testifiers will be able to continue to participate via Zoom or in-person. Director Kern made a statement that the Department will provide laptops for the Commissioners with all necessary files sent to them for the meeting but, Commissioners, are welcome to bring their personal laptop if they prefer. ANNOUNCEMENTS The Windward Planning Commission's next monthly meeting is scheduled for Thursday, June 2,2022 by interactive video conference via Zoom and at the Aupuni Center Conference Room. Chair Au shared his parting words. He thanked everyone for all of their hard work and appreciate the Commissioners for volunteering their services and again expressed his gratitude and appreciation to the Planning staff. ADJOURNMENT Page 4 of 5 Windward Planning Commission May 5,2022 Minutes There being no further business, it was moved by Commissioner Lin and seconded by Commissioner Galimba that the meeting be adjourned. A vote was taken by show of hands, and the motion carried by unanimous vote of those present. Chairman Au adjourned the meeting at 12:52 p.m. Respectfully submitted, Melissa Dacayanan-Salvador Secretary ATTEST: Dean Au, Chairman Windward Planning Commission Page 5 of 5 Windward Planning Commission May 5,2022 Minutes