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HomeMy WebLinkAbout2010-08-12 Windward Planning Commission Minutes WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES August 12, 2010 The Windward Planning Commission met in regular session at 9:05 a.m. in the County of Hawai‘i Councilroom, County Building, 25 Aupuni Street, Hilo, Hawai‘i with Chairman Rell Woodward presiding. COMMISSIONERS PRESENT: Rell Woodward, Dean Au, Takashi Domingo, Zendo Kern, and Stephen Ono. STAFF PRESENT: Brandon Gonzalez (Deputy Corporation Counsel), Kelly Gomes representing Department of Public Works), BJ Leithead Todd (Planning Director), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner) and Maija Cottle (Staff Planner). ABSENT AND EXCUSED: Wallace Ishibashi. The Chair introduced the staff and Windward Planning Commissioners to the public and described the procedures to be followed for today’s meeting. ADDITIONAL AGENDA ITEM – It was moved by Mr. Domingo and seconded by Mr. Kern to add to the agenda Item No.7, discussion and action on a petition for standing in a contested case hearing from Claudia Rohr regarding Hu Honua Bioenergy LLC’s amendment to SMA Use permit No. 21. Motion was unanimously carried by a voice vote of all Commissioners in attendance. The Commission then took up the following item at 9:09 a.m. with 7 people from the public in attendance. APPLICANT: KEVIN KEN AKIYAMA (REZ 10-125) Change of Zone from an Agricultural 3-acre (A-3a) to a Family Agricultural 1-acre (FA-1a) district for 5 acres of land. The property is located along the mauka (west) side of the Alaloa Road, approximately 400 feet south of its intersection with Ainaola Drive in the Waikea Uka District, Waikea Homesteads, South Hilo, Hawai‘i, TMK: 2-4-032: 012. Mr. Darrow oriented the Commission and public of the subject and surrounding properties on the location map and site plan, summarized the request, and noted the Planning Director’s approval recommendation with conditions. The applicant, Kevin Ken Akiyama, and his representative, Chris Brilhante, were in attendance. 1 The Chair felt the Department of Water Supply’s requirements to run a 6-inch pipe were ridiculous and that the facility fee or tax of $5500 per lot was excessive, noting this could be a negotiable item. Mr. Akiyama said he has worked out a system meeting the Department of Water Supply’s approval. Mr. Brilhante said the applicant is working with Paul Murray for the surveying work, everything appears to be straightforward, and hopefully the Commission will approve their request. Mr. Akiyama stated he has read the Planning Department’s recommendation and proposed conditions, and they were acceptable. Director Leithead Todd felt Condition M should be clarified to state that the fair share contribution would apply to the additional lots and not to the first home that is already existing. In response to Commissioner Domingo’s inquiry, Ms. Leithead Todd suggested an insertion to Condition M that the fair market value of the road widening required under Condition F be credited toward the required roadway fair share contribution. Henry Giraud, surrounding property owner, expressed his concern that directly across the proposed access to the new lots is a 25-foot sheer dropoff, noting the roadway is narrow and there is a blind hill in the area. He said he has filed a complaint with the Engineering Division of the Department of Public works and to this date nothing has been done. He clarified that the dropoff is on the opposite side of the applicant’s property. Commissioner Domingo expressed his concern of increased density in the area because of the way the GP and LUPAG maps are drawn today. He felt that the Councilman from this district, the landowners and administration should start looking at inclusion of capital improvement projects in the area that may improve the roadway in the near future. The Chair felt working with the DPW on roadways is the way to go; he noted, however, that in Kealakekua they have about 10 miles of sheer dropoffs with no shoulders, no guardrail and people going 45 to 50 miles an hour for decades. He said he did not feel Mr. Giraud’s concerns have a bearing on this application and noted the applicant has changed the format of their driveway because of the concerns expressed. It was then moved by Commissioner Domingo and seconded by Commissioner Kern to send a favorable recommendation to the County Council as recommended by the Planning Director, with the following addition to Condition M, “The fair market value of the road widening required under Condition F shall be credited toward the required roadway fair share contribution in this condition.” In addition, Condition M would be clarified to state that the fair share contribution shall be based on the actual number of additional lots created. A roll call vote was 2 taken and motion carried with five ayes (Domingo, Kern, Au, Ono and Woodward) and one absent and excused (Ishibashi). The Commission took up the following item at 9:31 a.m. with 5 people from the public in attendance. APPLICANT: YUKO ISHIKAWA (SPP 10-103) Special Permit to allow the use of a portion of a proposed 3-bedroom single family dwelling as an artist studio (photo studio with digital photography production workspace). The property, consisting of 12,000 square feet within the State Land Use Agricultural District, is situated along Gardenia Drive approximately 550 feet southeast from its intersection with Ainaloa Avenue within Ainaloa Subdivision, Puna, Hawai‘i, TMK: 1-6-073: 031. Ms. Cottle oriented the Commission and public of the subject and surrounding properties on the location map and site plan, circulated some site photos, summarized the request, and noted the Planning Director recommended approval of the application with conditions. Ms. Leithead Todd noted that as the applicant is a Japanese citizen applying for a visa, she is applying for the special permit to show that she is conducting a business and has a means of employment. The applicant, Yuko Ishikawa, said she has read the recommendation of the Director and the conditions were acceptable to her. There was no one from the public wishing to testify on the application. It was moved by Commissioner Kern and seconded by Commissioner Domingo that the application be approved as recommended by the Planning Director with conditions. The Chair suggested the Planning Director consider drafting an ordinance authorizing the Planning Director to allow a use where the impact, if any, is minimal. Commissioner Domingo felt the Director should be given clear direction on the criteria for allowing such uses as he felt there should be checks and balances in allowing the uses. The Chair noted the criteria would be an existing structure in an area 10,000 square feet or less, allowing only the landowner to come on the property, and where there were no hazardous materials involved. Ms. Leithead Todd said the Commission is considering this special permit because the State Land Use Law requires a permit for any nonagricultural use, noting a special permit would not be required if the land was not designated State Land Use Ag and in a residential subdivision as the use would qualify as a home occupation. Ms. Leithead Todd agreed with Commissioner Domingo that State Law would have to be changed to allow such a use without a permit in the State Land Use Ag district. A roll call vote was taken and motion carried with five ayes (Kern, Domingo, Au, Ono, and Woodward) and one absent and excused (Ishibashi). The Commission took up the following item at 9:41 a.m. with 4 people from the public in attendance. 3 APPLICANT: HEIDI HANZA (SPP 08-065) Amendment to Condition Nos. 2, 3, 4 and 10 of Special Permit No. 08-065, which allowed a group child care home accommodating a maximum of 12 pre-school aged children. The requested amendments seek a change of use to a school accommodating a maximum of 44 children ranging in ages from 3 to 8 years old. The one-acre property, situated within the State th Land Use Agricultural District, is situated on 26Avenue, approximately 1,700 feet south of its intersection with Shower Drive in Hawaiian Paradise Park Subdivision, Puna, Hawai‘i, TMK: 1-5-037: 195. Ms. Cottle oriented the Commission and public of the subject and surrounding properties on the location map and site plan, summarized the request, and noted the Planning Director recommended approval of the application with conditions In response to Commissioner Au’s inquiries, Ms. Cottle noted the square footage of the building is approximately 1128 square feet and the request is to increase the staff to two fulltime certified teachers and one fulltime teacher’s aide. In response to Commissioner Ono’s inquiries, Ms. Cottle noted when the structure was originally used as a group child care home it was licensed by the Department of Human Services and a ratio for the number of caretakers and students was required based on the age and quantity. She said since the use is being converted to a school use, it is no longer licensed by the Department of Human Services. Commissioner Ono expressed his concern of having sufficient adult supervision for 44 children ages 3 to 8, noting more supervision is needed for the younger students. The applicant, Heidi Hanza, gave some background information, and stated that she did consider the safety of the children in determining the number of staff required. Commissioner Ono then questioned whether they were establishing a care center because of the hours of operation. Ms. Hanza clarified that the school day is 7:30 to 2:30 so all their children would be picked up at 2:30; however, she did want to give herself some parameters as she would like during the summer to offer other types of programs that may run longer than 2:30. There was no one from the public wishing to testify on the application. It was moved by Commissioner Domingo and seconded by Commissioner Kern that the application be approved as recommended by the Planning Director. A roll call vote was taken 4 and motion carried with five ayes (Domingo, Kern, Au, Ono with reservations, and Woodward) and one absent and excused (Ishibashi). The Commission took up the following item at 9:52 a.m. with 2 people from the public in attendance. APPLICANT: WANDA MEURS, M.D. (USE 135) Amendment to Use Permit No. 135, which allowed the establishment of a medical office and related improvements on approximately 12,148 square feet of land situated within the Single- Family Residential-10,000 square feet (RS-10) zoned district. The amendment requests seek an extension of time of three (3) years to Condition No. 4 (complete construction) and deletion of Condition No. 5 (curb, gutter & sidewalk improvements). The project site is situated at 1205 Wainuenue Avenue, across from the Yukio Okutsu State Veterans Home, Pi‘ihonua, South Hilo, Hawai‘i, TMK: 2-3-032: 003 Mr. Darrow oriented the Commission and public of the subject and surrounding properties on the location map and site plan, summarized the request, and noted the Planning Director recommended approval of the application with amended conditions. The applicant’s representative, Jeff Melrose, stated the applicant does intend to build a 2-person medical facility and understands the 3-year timeframe, noting the key issue is maximizing the parking facility. In response to Commissioner Au’s inquiry, Mr. Melrose said he did not know the exact cost of the project, but noted medical facilities are running about $200 a square feet and with construction cost probably more, noting the structure is 2,000 square feet. There was no one from the public wishing to testify on the application. Mr. Darrow at this time pointed out that approval of the use permit does not allow tacit approval for the variance, and if the Commission so desires to grant an additional administrative time extension the word “amended” should be inserted in the first sentence in Condition No. 7. Mr. Melrose stated they did receive the Planning Department’s recommendation and agreed with the proposed conditions, including the amendment to allow for an administrative time extension to avoid coming before the Commission again because of some unforeseen circumstance. It was then moved by Commissioner Kern and seconded by Commissioner Au that the application be approved with conditions, with Condition No. 7 amended to read, “An initial extension of time for the performance of conditions within the amended permit may be granted by the Planning Director upon the following circumstances:”. A roll call vote was taken and motion carried with five ayes (Kern, Au, Domingo, Ono and Woodward) and one absent and excused (Ishibashi).RECESSED – The Chair called a short recess at 10:11 a.m. 5 RECONVENED– The meeting reconvened 10:25 a.m. The Commission took up the following item at 10:25 a.m. with 10 people from the public in attendance. INITIATOR: PLANNING DIRECTOR Amendment to Chapter 25 (Zoning Code), Hawai‘i County Code 1983 (2005 Edition, as amended) relating to Filing Fee for a Use Permit Application. (SEE EXHIBIT A) The Commission took up the following item at 10:28 a.m. with 10 people from the public in attendance. INITIATOR: PLANNING DIRECTOR Amendment to Chapter 25 (Zoning Code), Hawai‘i County Code 1983 (2005 Edition, as amended) relating to Processing Time for a Use Permit Application. (SEE EXHIBIT B) The Commission took up the following item at 10:33 a.m. with 10 people from the public in attendance. APPLICANT: HU HONUA BIOENERGY LLC (SMA 221) Discussion and action on a petition for Standing in a Contested Case Hearing from Claudia Rohr, received by the Planning Department on July 13, 2010, on the matter relating to the Amendment to Special Management Area Use Permit No. 221, Applicant: Hu Honua Bioenergy LLC, which originally allowed the establishment of a coal storage area and a coal burning energy plant and related improvements. The amendment request is to allow a change in fuel source from coal to biomass, to upgrade the existing facility and to construct support facilities and infrastructure at the former Pepeekeo Power Plant, Makahanaloa, South Hilo, Hawaii, TMK: 2-8-8:104 (formerly 2-8-7: Portion of 53). (SEE EXHIBIT C) MINUTES - The Commission took up the following minutes at this time, 11:46 a.m. July 8, 2010 – It was moved by Commissioner Kern and seconded by Commissioner Domingo that the minutes approved as circulated. Motion was unanimously carried by a voice vote of all Commissioners in attendance. ADMINISTRATIVE MATTERS - The Commission took up the following under administrative matters at this time, 11:47 a.m. 6 August 5, 2010 correspondence from Gloria Wong of the Cost of Government Commission - Mr. Arai requested the Planning Commissioners email their comments and recommendations to th him by September 17 on promoting economy efficiency and improving service on the transaction of public business so that he can forward it to the Cost of Government Commission. In response to Mr. Gonzalez’s inquiry, Mr. Arai said if the Commissioners wish to provide critical comments their identity will remain anonymous. Mr. Gonzalez suggested the Commission give both negative and positive comments and recommendations, noting the Director can justify her budget if there are positive comments and recommendations. ADJOURNMENT - There being no further business, the Chair declared the meeting adjourned at 11:52 a.m. Respectfully submitted, Sharon M. Nomura, Secretary A T T E S T: Rell Woodward, Chairman Windward Planning Commission 7