HomeMy WebLinkAbout2005-09-02 Planning Commission Minutes
COUNTY OF HAWAII
PLANNING COMMISSION
MINUTES
SEPTEMBER 2, 2005
The County of Hawaii Planning Commission met in regular session at 9:17 a.m.in
County Building, Councilroom - Room 201, 25 Aupuni Street, Hilo, Hawaii with Chairman
Fred Galdones.
PRESENT:Fred Galdones ABSENT & EXCUSED: William Graham
C. Kimo AlamedaJeffrey McCall
Andrew Iwashita Rodney Watanabe
AllenSalavea
Rene Siracusa
Hannah Springer
Ivan Torigoe, Deputy Corporation Counsel
Christopher Yuen, Planning Director
Norman Hayashi, Planning Program Manager
Phyllis Fujimoto, Staff Planner
Jeff Darrow, Staff Planner
The Chair introduced the Commissioners and staff to members of the public.
GEOTHERMAL The Commission took this item up at 10:20 a.m. with
ASSET FUNDone person from the public in attendance.
JAN MALASEK
KEAHIALAKA,
PUNA
CLAIMANT: JAN MALASEK
Continued hearing on the Geothermal Asset Fund Claim in the amount of $27,494.00 to
compensate for a loss of income from an orchard and nursery operation due to geothermal
activity in the area. The property is located at 13-683 Leilani Avenue, approximately 1600 feet
south of the Leilani Avenue Pohoiki Road intersection, Leilani Estates Subdivision,
Keahialaka, Puna, Hawaii, TMK: 1-3-28:18.
(SEE EXHIBIT A, from 9:20 a.m. to 9:22 a.m.)
RECESSEDThe Chair called a short recess at 9:22 a.m. until the new business
scheduledfor9:30a.m.
RECONVENEDThemeetingreconvenedat9:30a.m.
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SPP 05-014The Commission took this item up at 9:30 a.m. with
COUNTY OF HAWAIItwo people from the public in attendance.
FIRE DEPARTMENT
PUNA
APPLICANT: COUNTY OF HAWAII FIRE DEPARTMENT (SPP 05-014)
Application for a Special Permit to allow the establishment of a fire station and related uses on
approximately 8.189 acres of a 19.464-acre parcel situated within the State Land Use
AgriculturalDistrict. The property is located along the northeast side of the Keaau-Pahoa Road
(Highway 130), approximately 1,400 feet north of the Highway 130 - Pahoa Village Road
junction, Puna, Hawaii, TMK: 1-5-7: 17.
(SEE EXHIBIT B)
REZ 05-009The Commission took this item up at 10:02 a.m. with
JOHANNA LEAIRDtwo people from the public in attendance.
PUUEO,
SOUTH HILO
APPLICANT: JOHANNA LEAIRD (REZ 05-009)
Application for a Change of Zone for 0.55 acre of land from a Multiple Family Residential
1,000-square foot (RM-1) to a Multiple Family Residential 10,000-square foot (RM-10) district.
The property is located along the west side of Wainaku Street, adjacent and north of Dodo
Mortuary, Puueo, South Hilo, Hawaii, TMK: 2-6-8: portion of 22.
Mr. Darrow oriented the Commissioners and public of the subject and surrounding properties on
the location map and site plan, gave some background information on a previous change of zone
for a land exchange with Kamehameha Schools that contained a condition that required
Ms. Leaird to submit this application, and summarized the request. He stated that the applicant
is not present today due to medical reasons but has requested the Commission act favorably on
herrequestandthatthePlanningDirectorisrecommendingapprovaloftheapplicationwith
conditions.
There was no one from the public wishing to testify on this agenda item.
It was moved by Commissioner Siracusa and seconded by Commissioner Iwashita to send a
favorable recommendation to the County Council based on the Planning Directors
recommendation and proposed conditions. A roll call vote was taken and motion carried with six
ayes (Siracusa, Iwashita, Alameda, Salavea, Springer, and Galdones) and three absent and
excused (Graham, McCall, and Watanabe).
AMEND ZONING CODEThe Commission took this item up at 10:07 a.m. with
PLANNING DIRECTORone person from the public in attendance.
DELETION OF PLAN
APPROVAL&LANDSCAPING
REQUIREMENTS
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INITIATOR: PLANNINGDIRECTOR
Amendment to Chapter 25 (Zoning Code), Hawaii County Code, by deleting the Plan Approval
and Landscaping requirements for the construction of one single family dwelling and accessory
buildings per lot within the various zoning districts.
(SEE EXHIBIT C)
GEOTHERMAL The Commission again took this item up at 10:20 a.m. with
ASSET FUNDone person from the public in attendance.
JAN MALASEK
KEAHIALAKA,
PUNA
CLAIMANT: JAN MALASEK
Continued hearing on the Geothermal Asset Fund Claim in the amount of $27,494.00 to
compensate for a loss of income from an orchard and nursery operation due to geothermal
activity in the area. The property is located at 13-683 Leilani Avenue, approximately 1600 feet
south of the Leilani Avenue Pohoiki Road intersection, Leilani Estates Subdivision,
Keahialaka, Puna, Hawaii, TMK: 1-3-28:18.
(SEE EXHIBIT A, from 10:20 a.m.)
WORKSHOPThe Commission took up the following at this time, 11:55 a.m.,
with no one from the public in attendance.
Discussion on procedures and process relating to Planning Commission matters Mr. Yuen
announced that this workshop will be continued to a future meeting.
ADMINISTRATIVEThe Commission took up the following administrative matters
MATTERSat this time, 11:56 a.m.
Planning Commission Handbook
Mr. Yuen said that the Planning Department is preparing a Planning Commission
handbook which would contain such things as the statutes the Commission works under and the
criteria for decision-making.
Contested Cases
Mr.YuensaidthattheDepartmentisproposingthattheCommissionconductcontested
case hearings on relatively simple matters the same day the request for intervention is
considered.Henotedthatinsomecontestedcasehearingsittooklessthananhourandafter
reading the hearings officer report to the Commission, the Commission would hear exactly the
samethingsthatweresaidtothehearingsofficer.HesaidtheDepartmentwouldplacethisitem
probably at the end of the agenda and parties would be informed that they must be prepared to
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presenttheir case and have their witnesses and exhibits ready on the first meeting on the matter,
noting the Commission could go straight into decision making that same day.
Ms. Siracusa said she had no problems with this proposal, as in a lot of cases she did not see a
reason why the hearings had to be conducted by a hearings officer. However, she said she has
seen cases where the hearings went on for long periods and said she would hope the
Commissions agenda could be adjusted accordingly so the Commission does not have to stay
until 9 p.m., to which Mr. Yuen said the Department will do this where they think the range of
issues and amount of testimony is limited.
Commissioner Iwashita said perhaps the Commission should consider the Board of Land and
Natural Resources procedure of having action taken on an application and then considering a
request for a contested case and further proceedings. Mr. Yuen noted the Boards rule is very
unusual in that it says that if a decision is adverse to the applicant then the applicant can go
throughacontestedcasehearingbutamemberofthepubliccannotaskforacontestedcase
hearing once action is taken, adding that an applicant has the protection of an appeal but
members of the public can appeal only if they asked for intervention.
Commissioner Springer said in the early 1990s, the Planning Commissions procedure allowed
a person to make a request for standing in a contested case hearing after the staffs presentation,
noting often times the public does not have sufficient information to decide whether or not there
is merit to request standing until after the staffs presentation. She added that it does not seem to
matter whether the Commission heard the request for standing before the staffs presentation, or
after the staffs presentation, or at some early stage in the discussion like as part of the public
testimony.
Mr. Yuen agreed with Commissioner Springer that there are times when people think they have
to request intervention to be heard; but the Planning Department is trying to make it clear to
people they can make a public statement to be heard, noting a person can withdraw her/his
request for a contested case hearing.
For Commissioner Siracusas information, Mr. Yuen said the procedure of waiting to see what
action the Commission takes before filing a request for intervention would not work.
Commissioner Siracusa then suggested a hardship waiver for people like her who could not
afford the $150 filing fee to intervene.
MINUTESThe Commission took up the following minutes at this time,
12:12 p.m., with no one from the public in attendance.
August 5, 2005 It was moved by Commissioner Siracusa and seconded by Commissioner
Springerthattheminutesbeapprovedwithcorrections.Motionwasunanimouslycarriedbya
voice vote of all Commissioners in attendance.
ANNOUNCEMENTSThe following announcements were made at this time, 12:13 p.m.
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Cellco Partnership dba Verizon Wireless (SPP 05-004) - Mr. Hayashi noted the contested case
hearing on this matter will be rescheduled due to the Hearing Officers health problems.
Next Commission Meeting Mr. Hayashi announced the next meeting is scheduled for
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September 30, at the Hapuna Beach Prince Hotel.
HCPO Conference Mr. Hayashi said that the HCPO Conference is scheduled for November 2,
th
and 3, 2005 (possibly November 4) on Kauai, noting Commissioners would need to commit
themselves early because of the limited number of flights available.
ADMINISTRATIVEThe Commission took up the following under administrative
MATTERSmatters at this time.
Status of appeals filed on Planning Commission decisions - Corporation Counsel Mr. Torigoe
had nothing new to report.
ADJOURNMENTThere being no further business, the Chair declared the meeting
adjourned at 12:16 p.m.
Respectfully submitted,
Sharon M. Nomura, Secretary
A T T E S T:
Fred Galdones, Chairman
Planning Commission
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