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Home My WebLink About2022-09-01 Windward Planning Commission Minutes WINDWARD PLANNING COMMISSION COUNTY OF HAWAI`I MINUTES SEPTEMBER 1, 2022 The Windward Planning Commission met in regular session at 9:00 a.m., in the County of Hawaii, Council Chambers, 25 Aupuni Street, Hilo, Hawaii, with Chair Dennis Lin presiding with a live stream video for the public to observe the meeting. COMMISSIONERS PRESENT: Dennis Lin, Gilbert Aguinaldo, Lauren Balog, Louis Daniele III, Wayne De Luz, John Cross, and Michelle Galimba. ALSO PRESENT: Malia Kekai, Esq. (Counsel for the Commission), Jean Campbell, Esq. (Counsel for the Planning Department), Zendo Kern (Planning Director), Clinton Mercado (Planner), Tracie-Lee Camero (Planner), Janice Hata(Zoom Host), Alex Roy (Acting Planning Program Manager) and Melissa Dacayanan-Salvador (Windward Planning Commission Secretary). And 14 people from the public in attendance. A quorum was present. Chair Lin called the meeting to order. He described the public accessibility to this meeting and the protocol for the participants to follow. Chair Lin called the roll of the Commissioners and also introduced the staff. APPROVAL OF MINUTES At 9:02 a.m. the Commission took up the minutes of the August 4, 2022, Windward Planning Commission meeting. No corrections were offered. It was moved by Commissioner Galimba and seconded by Commissioner Aguinaldo 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 Chair Lin explained the procedure in providing public testimony and a reminder to Rule 1-5 of the Planning Commission's Rules of Practice &Procedure to be courteous and respectful to all testifiers, staff members and commissioners. Public testimony was not taken at this time. NEW BUSINESS 1. APPLICANT: RENEGADE TOWERS LLC (PL-USE-2022-000004) Application for a Use Permit to allow the establishment of a telecommunication facility with a 180-foot-tall monopole tower and related equipment and improvements within a 4,108 square foot portion of a larger 14.622-acre parcel. The subject property is located at 3331 Page 1 of 4 Windward Planning Commission September 1,2022 Minutes Kaumana Drive, to the south of the Nolemana Street/Kaumana Drive intersection, Kaumana and Ponahawai Homesteads, South Hilo, Hawaii, TMK: (3)2-5-002:023. The Commission took up this item at 9:05 a.m. with 15 members from the public in attendance. At 9:21 a.m. it was moved by Commissioner Daniele and seconded by Commissioner Aguinaldo that public testimony be closed for this agenda item. There being no discussion on the motion, a voice vote was taken, and the motion carried by unanimous vote of those present. It was moved by Commissioner Galimba and seconded by Commissioner Daniele that the application for Use Permit No. PL-USE-2022-000004 be approved, based on the Planning Director's recommendations, which shall be adopted. A roll call vote was taken, and the motion carried with seven ayes (Galimba, Daniele, Aguinaldo, Balog, Cross, De Luz, Lin) and no noes. The hearing item ended at 9:47 a.m. [SEE HEARING TRANSCRIPT EXHIBIT A] 2. APPLICANT: LEONARD CARDOZA TRUST (PL-REZ-2022-000018) Change of Zone from an Agricultural-20 acre (A-20a) to a Family Agricultural-1 acre (FA-la) zoning district for 15.411 acres of land. The subject properties are located to the north (makai) of Old Mamalahoa Highway approximately 270 feet east of its intersection with Milo Street, Por. of Humu`ula and O`okala, North Hilo, Hawaii, TMK: (3) 3-9-001:023 & 031. The Commission took up this item at 9:47 a.m. with 10 members from the public in attendance. At 9:49 a.m. it was moved by Commissioner Aguinaldo and seconded by Commissioner Galimba that public testimony be closed for this agenda item. There being no discussion on the motion, a voice vote was taken, and the motion carried by unanimous vote of those present. It was moved by Commissioner Daniele and seconded by Commissioner Aguinaldo that a favorable recommendation be forwarded to the County Council on the application for a Change of Zone No. PL-REZ-2022-000018 based on the Planning Director's recommendation with the amendment to Condition I: Addition of the following "In the event the pro-rata share is not paid prior to receipt of final subdivision approval, restrictive covenant(s) in the deeds of all the proposed lots shall specify the pro-rata share obligation contained in this condition. In that event, a copy of the proposed covenant(s)to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances." and amendment to Condition S: addition of the following sentence to the end"The cash value to implement the off-site road improvement requirement outlined in Condition H shall be credited against the road and traffic improvements assessment." A roll call vote was taken, and the motion carried with seven ayes (Daniele, Aguinaldo, Balog, Cross, De Luz, Galimba, Lin) and no noes. This hearing item ended at 10:16 a.m. [SEE HEARING TRANSCRIPT EXHIBIT B] Page 2 of 4 Windward Planning Commission September 1,2022 Minutes Chair Lin called for a recess at 10:16 a.m., and the meeting was reconvened at 10:24 a.m. 3. APPLICANT: RANDY KUNIMOTO (PL-SPP-2022-000015) Special Permit to legitimize the use of existing personal tennis court facilities, a portion of an existing dwelling, and related improvements to provide compensated tennis lessons to the public on approximately 1.003 acres of land in the State Land Use Agricultural District. The subject property is located at 1625 Mele Manu Street within the Pacific Plantation Subdivision, "Pacific Plantation", Increment 1-A, F.P. 1927, Kukuau 2nd, South Hilo, Hawaii, TMK(3) 2-5-061:058. The Commission took up this item at 10:24 a.m. with 6 members from the public in attendance. Chair Lin stated this agenda item application had been withdrawn and the Commission will not be conducting any action on this item. He called upon the public members who signed up to testify, swore them in to tell the truth in their testimony and explained the procedure. This hearing item ended at 10:48 a.m. [SEE HEARING TRANSCRIPT EXHIBIT C] PLANNING DIRECTOR'S REPORT Report on Special Management Area (SMA) determinations, minor permits action issued by the Planning Director. At 10:49 a.m. Chair Lim introduced this item. The Short-Form Assessment Log and the SMA Assessment Log were emailed to the Commissioners. He asked the Planning Department staff if there were any additions to the logs that were received, and Acting Planning Program Manager Alex Roy answered no. There were no questions. AGENDA ITEMS FOR NEXT MEETING At 10:49 a.m. Chair Lin introduced this item. Staff Christian Kay stated there will be two items on the agenda a Special Permit application and an amendment to the Zoning Code. ANNOUNCEMENTS The Windward Planning Commission's next monthly meeting is scheduled for Thursday, October 6,2022 at the County of Hawaii Aupuni Center Conference Room and the public may provide verbal testimony by interactive video conference via Zoom or at the physical location. ADJOURNMENT There being no further business, it was moved by Commissioner Aguinaldo and seconded by Commissioner Daniele that the meeting be adjourned. A voice vote was taken, and the motion carried by unanimous vote of those present. Chair Lin adjourned the meeting at 10:50 a.m. Page 3 of 4 Windward Planning Commission September 1,2022 Minutes Respectfully submitted, Melissa Dacayanan-Salvador Secretary ATTEST: Dennis Lin, Chair Windward Planning Commission Page 4 of 4 Windward Planning Commission September 1,2022 Minutes