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Home My WebLink About2010-05-07 Windward Planning Commission Minutes WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES MAY 7, 2010 The Windward Planning Commission met in regular session at 9:02 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, Zendo Kern, and Wallace Ishibashi. STAFF PRESENT: Molly Lugo (Deputy Corporation Counsel), BJ Leithead Todd (Planning Director), Norman Hayashi, (Planning Program Manager), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner), and Maija Cottle (Staff Planner). ABSENT AND EXCUSED: Takashi Domingo and Stephen Ono The Chair introduced the staff and Windward Planning Commissioners to the public and described the procedures to be followed for today’s meeting. He requested that the public limit their testimony to three minutes if at all possible. Referring to Hu Honua Bioenergy LLC’s SMA221, the Chair clarified for the public that anyone wishing to provide testimony may do so without requesting standing in a contested case hearing; and standing in a contested case hearing requires much more detailed participation wherein it allows parties to call their own witnesses, cross-examine applicant’s witnesses, etc. He said because there were 21 requests for a contested case, some people may wish to consolidate their case and/or withdraw their petition for standing, noting the filing fee will be refunded if that is the case. The Commission took the following item up at 9:08 a.m. with 26 people from the public in attendance: INITIATOR: PLANNING DIRECTOR a. EnVision Downtown Hilo 2025 5-year Action Plan Update. b. Resolution Adopting “EnVision Downtown Hilo 2025: a Community-Based Vision and Living Action Plan – 5-year Action Plan Update” as a Guide for the Future of Downtown Hilo. (SEE EXHIBIT A) RECESSED – The Chair called a short recess at 10:33 a.m. 1 RECONVENED – The meeting reconvened at 10:46 a.m. Again referring to Hu Honua Bioenergy LLC’s SMA221, the Chair reiterated his earlier comments regarding people wishing to consolidate their case and/or withdraw their petition for standing may provide testimony as a member of the public. The Commission took the following item up at 10:46 a.m. with 60 people from the public in attendance. APPLICANT: CHARLES CAVEDONI & RONG HUA (REZ 10-118) Change of Zone from Single-Family Residential 10,000 square feet (RS-10) to Neighborhood Commercial 10,000 square feet (CN-10) for approximately 9,678 square feet of land. The property is located on Manono Street, approximately 100 feet northeast of the intersection of Kekuanaoa Street and Manono Street, Waiakea House Lots, Waiakea, South Hilo, Hawai‘i, TMK: 2-2-34:82. 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 a favorable recommendation to the County Council, with conditions. For Commissioner Au’s information, Ms. Cottle noted that the Planning Department does not provide names of consultants, engineers or architects for hire to applicants. The applicants, Charles Cavedoni & Rong Hua, were in attendance. Mr. Cavedoni, a licensed professional engineer in State of Hawai‘i, said he intends to create a private office space for himself and maybe office space for an additional tenant or two. In response to Commissioner Au’s inquiry on whether it was a conflict for the applicant to sign off on his own plans, Ms. Lugo said as she was not aware of any conflict of interest and as she believed Mr. Cavedoni does have a standard of professional conduct that he adheres to, she would not be concerned about any conflict of interest that he has. Ms. Leithead Todd noted that the Department of Water Supply has determined Mr. Cavedoni’s plans for a 5/8” meter serving the property would be adequate for the proposed uses. There was no one from the public wishing to testify on this agenda item. Ms. Cottle at this time recommended that the following proposed conditions be deleted: Condition B as the Department of Water Supply stated the water calculations that the applicant had submitted were adequate; Condition D as the property already subdivided out a 5-foot wide 2 future road widening strip; and Condition E as concrete curb, gutter and sidewalks have already been constructed. Ms. Cottle then proposed an added condition that”The applicants shall install a reduced pressure type backflow prevention assembly within five (5) feet of the existing water meter on private property, which must be inspected and approved by the Department of Water Supply prior to issuance of a Certificate of Occupancy.” The applicants stated that the Planning Department’s background report was correct and the conditions, as amended, in the recommendation were acceptable. It was moved by Commissioner Kern and seconded by Commissioner Ishibashi to send a favorable recommendation to the County Council as recommended by the Planning Department, with conditions as amended. A roll call vote was taken and motion carried with four ayes (Kern, Ishibashi, Au and Woodward) and two absent and excused (Domingo and Ono). The Commission took the following item up at 11:00 a.m. with 60 people from the public in attendance. APPLICANT: CHRISTIAN SIEBER (SPP 10-100) Special Permit to allow a 2-bedroom bed and breakfast operation within an existing dwelling situated on 24,010 square feet of land within the State Land Use Agricultural District. The th property’s address is 18-1983 16 Street and is located approximately 310 feet from the Mauna th Kea Street – 16 Street intersection, Aloha Estates Subdivision, Olaa, Puna, Hawai‘i, TMK: 1-8- 48:62. Staff 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. The applicant’s representatives, Neil Erickson and Jolie Cablsi, were in attendance. Mr. Erickson expressed Mr.Sieber’s apology for not being present today because of an emergency and stated they have reviewed and have no objections to the background and recommendation. There was no one from the public wishing to testify on this agenda item. It was moved by Commissioner Kern and seconded by Commissioner Ishibashi that the application be approved as recommended by the Planning Department, with conditions. Ms. Cottle clarified that there are three bedroom upstairs, and an office and study downstairs. A roll call vote was taken and motion carried with four ayes (Kern, Ishibashi, Au and Woodward) and two absent and excused (Domingo and Ono). 3 Regarding to Hu Honua Bioenergy LLC’s SMA221, the Chair at this time said he will first be offering the option to those requesting standing in a contested case hearing to withdraw their petition and allow them to provide public testimony, then go to the determination of standing for each of the petitioners. He said the Commission will deal with the standing issue today and the evidentiary portion of the hearing will be heard at a later date The Commission took the following item up at 11:08 a.m. with 97 people from the public in attendance. APPLICANT: HU HONUA BIOENERGY LLC (SMA 221) Amendment to Special Management Area Use Permit No. 221 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 Pepe‘ekeo Power Plant, Makahanaloa, South Hilo, Hawai‘i, TMK: 2-8-8:104 (formerly 2-8-7: Portion of 53). (SEE EXHIBIT B) MINUTES.OF APRIL 1, 2010 - At 3:25 p.m., the Commission took up the approval of the minutes. It was moved by Commissioner Kern and seconded by Commissioner Au that the minutes be approved as circulated. Motion was unanimously carried by a voice vote of all Commissioners in attendance. ADMINISTRATIVE MATTERS – Mr. Hayashi noted come July the Commission meetings will be changed from Friday to Thursday on furlough Fridays, noting a revised schedule will be transmitted to the Commission shortly. ADJOURNMENT - There being no further business, the Chair declared the meeting adjourned at 3:28 p.m. Respectfully submitted, Sharon M. Nomura, Secretary A T T E S T: Rell Woodward, Chairman Windward Planning Commission 4