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Home My WebLink About2023-04-06 Windward Planning Commission Minutes WINDWARD PLANNING COMMISSION COUNTY OF HAWAI`I MINUTES APRIL 6, 2023 The Windward Planning Commission met in regular session at 9:02 a.m., in the County of Hawaii, Council Chambers, 25 Aupuni Street, Hilo, Hawaii, with Chairman Dennis Lin presiding with a live stream video for the public to observe the meeting. COMMISSIONERS PRESENT: Dennis Lin, Lauren Balog (from 9:10 a.m.), John Cross, Louis Daniele III, Wayne De Luz, and Chantel Perrin. ALSO PRESENT: Sinclair Salas-Ferguson, Esq. (Attorney for the Commission), Jean Campbell, Esq. (Attorney for the Planning Department), Zendo Kern (Planning Director), Jeffrey Darrow (Deputy Planning Director), Jessica Andrews (Planner), Alex Roy (Planner), Christian Kay (Planner), Clinton Mercado (Planner), Janice Hata(Zoom Host), Maija Jackson (Planning Program Manager) and Melissa Dacayanan-Salvador (Windward Planning Commission Secretary). Seventeen public members were in the audience. A quorum was present. Chairman Lin called the meeting to order and introduced Commissioners and staff. APPROVAL OF MINUTES At 9:05 a.m. the Commission took up the minutes of the February 2, 2023, Windward Planning Commission meeting. No corrections were offered. It was moved by Commissioner Cross and seconded by Vice Chair Daniele that the minutes be approved as submitted. A voice vote was taken, and the motion carried with all in favor. Chairman Lin called a recess at 9:06 a.m., to allow the Commission to review additional information provided at the start of the meeting and the meeting was reconvened at 9:16 a.m. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS At 9:16 a.m. Chairman Lin explained the procedure and Planning Commission Rule 1-5 regarding decorum. Testifiers were given the options of speaking at this time or later at the time the specific agenda item was called to order. At 9:18 a.m. three individuals in-person provided testimony regarding New Business Item 2, HAWAIIAN OLA BREWING CORP. (PL-SMA-2022-000025) [SEE TESTIMONY TRANSCRIPT EXHIBIT A] Page 1 of 4 Windward Planning Commission April 6,2023 Minutes At 9:26 a.m. two individuals via Zoom indicated they will provide testimony at the time the specific agenda item is called to order. NEW BUSINESS 1. APPLICANT: ACADEMIA SINICA INSTITUTE OF ASTRONOMY AND ASTROPHYSICS (PL-SPP-2022-000025) Application for a Special Permit for the temporary operation of an array of ten (10) satellite dishes and a 50-foot x 50-foot dipole antenna array and related improvements to conduct research on Fast Radio Bursts (FRBs) on an approximately 2.0-acre portion of a larger 10.7-acre property in the State Land Use Agricultural District. The subject property is located approximately 1,375 feet southeast(makai) of the Wood Valley Road/ Makakupu Road intersection, Ka`ala`ala-Kapalapala, Ka`u, Hawai`i, TMK: (3) 9-6-011:007 (por.). The Commission took up this item at 9:28 a.m. with fifteen public members in the audience. Commissioner Cross recused himself due to previous employment history with Edmund C. Olson Trust and because he receives funds for his independent consulting services. Vice Chair Daniele recused himself as he is a General Manager of Ka`u Coffee Mill on Edmund C. Olson Trust land that encompasses the site of the agenda item. Chairman Lin announced the two Petitions for Standing in a Contested Case Hearing received by Stefan Taylor and Sandra Reha were withdrawn. There were three public members in-person and no public members on Zoom provided testimony regarding this agenda item. Action: It was moved by Commissioner De Luz and seconded by Commissioner Balog that the application for Special Permit, Docket No. 2022-000025, be approved based on the Deputy Planning Director's recommendation. A roll call vote was taken, and the motion did not carry with three ayes (De Luz, Balog, and Perrin) and one no (Lin). After further discussion, it was moved by Commissioner De Luz and seconded by Commissioner Perrin that Special Permit Docket No. 2022-000025 be approved as recommended with an added condition requiring the applicant to submit an annual report to the Planning Department consisting of outreach efforts with the Ka`u and Hawaii Island community. A roll call vote was taken, and the motion carried with four ayes (De Luz, Perrin, Balog, and Lin) and no noes. This item ended at 10:40 a.m.[SEE HEARING TRANSCRIPT EXHIBIT B] Chairman Lin called a recess at 10:40 a.m., and the meeting was reconvened at 10:49 a.m. 2. APPLICANT: HAWAIIAN OLA BREWING CORP. (PL-SMA-2022-000025) Application for a Special Management Area Use Permit to convert the existing Wainaku Executive Center into a micro-distillery, restaurant, and bar, and includes grading for new parking and the installation of a wastewater system to accommodate the new uses on Page 2 of 4 Windward Planning Commission April 6,2023 Minutes 12.31 acres of land situated in the Special Management Area. The subject parcels are located along the makai side of Hawaii Belt Road, approximately 200 feet south of its intersection with Hau Street, Portion of Wailua& Mokuhonua, South Hilo, Hawaii, TMKs: (3) 2-6-015:001 & 002. The Commission took up this item at 10:49 a.m. with eight public members in the audience. Commissioner Cross recused himself as he provided information to the applicant regarding the application and prior performed the SMA Minor and SMA Major permits for the Olson Trusts on the subject property. There were no public members in-person and two public members on Zoom provided testimony regarding this agenda item. Chairman Lin announced due to technical difficulties the Commission did not receive the necessary staff reports for this agenda item. Therefore, only public testimony, staff, and applicant's presentations were provided and deferred the decision making until the Commission's next monthly meeting in May. Action: It was moved by Commissioner Daniele and seconded by Commissioner Perrin that the application be continued to the next Commission hearing in May. A voice vote was taken, and the motion carried with all in favor. This hearing item ended at 11:19 a.m. [SEE HEARING TRANSCRIPT EXHIBIT C] Chairman Lin called a recess at 11:19 a.m. and the meeting was reconvened at 11:25 a.m. 3. KE`ALOHA LANI LLC (FORMERLY HAWAI`I BREWERY DEVELOPMENT CO.,INC.) (PL-SPP-2022-000031) Application for an amendment to Condition No. 4 of Special Permit No. 842 for a 5-Year time extension to construct and occupy on one lot, and a 10-year time extension to construct and occupy the remaining lots. Special Permit No. 842 was approved in 1993 to allow the establishment of a brewery, water, and soft drink bottling facility and related improvements on 14.5 acres of land (including the subject parcels which total 7.829 acres of land) situated within the State Land Use Agricultural District. The subject properties are located on Shipman Road, east of Highway 11 (Volcano Highway), west of Railroad Avenue, and north of Highway 130 (Kea`au-Pahoa Highway), Kea`au, Puna, Hawaii, TMKs: (3) 1-6-141:024, 027, & 028. The Commission took up this item at 11:25 a.m. with three public members in the audience. There were no in-person and Zoom testifiers for this agenda item. Action: It was moved by Commissioner De Luz and seconded by Commissioner Daniele that the application for Special Use Permit, Docket No. 2022-000031, be approved based on the Planning Director's recommendation. A roll call vote was taken, and the motion carried with six ayes (De Luz, Daniele, Balog, Cross, Perrin, and Lin.) and no noes. Page 3 of 4 Windward Planning Commission April 6,2023 Minutes This hearing item ended at 11:41 a.m. [SEE HEARING TRANSCRIPT EXHIBIT DJ PLANNING DIRECTOR'S REPORT Report on Special Management Area (SMA) determinations, minor permits action issued by the Planning Director. At 11:41 a.m. Chairman Lin introduced this item and stated the Short-Form Assessment Log and the SMA Assessment Log were emailed to the Commissioners. There were no questions about the log from Commissioners. AGENDA ITEMS FOR NEXT MEETING At 11:41 a.m. Chairman Lin introduced this item. Program Planning Manager, Maija Jackson stated there are three (3) agenda items for May 2023. ANNOUNCEMENTS Chairman Lin announced there will be a Joint Leeward and Windward Commission meeting on Thursday, April 20, 2023, at 9:30 a.m. regarding the proposed amendments to Planning Commission Rules 8 and 9. He stated the Windward Commission will be participating via Zoom or in-person at the Leeward Commission location in Kailua-Kona. He also reminded the Commission to register on the Zoom link provided beforehand. The Windward Planning Commission's next monthly meeting is tentatively scheduled for Thursday, May 4,2023, at the County of Hawaii County Council Chambers 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 Daniele and seconded by Commissioner De Luz that the meeting be adjourned. A voice vote was taken, and the motion carried with all in favor. Chair Lin adjourned the meeting at 11:43 a.m. Respectfully submitted, Melissa Dacayanan-Salvador Secretary ATTEST: Dennis Lin, Chairman Windward Planning Commission Page 4 of 4 Windward Planning Commission April 6,2023 Minutes