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Home My WebLink About2023-07-07 Windward Planning Commission Minutes WINDWARD PLANNING COMMISSION COUNTY OF HAWAI`I MINUTES JULY 7, 2023 A video recording is made part of these minutes, which can be viewed on the YouTube County of Hawai`i Planning Department channel at hitps:llwww.youtube.com/watch?v—QLc69bim76S Timestamps are provided for reference in accordance with the provisions of Chapter 92, Hawai`i Revised Statutes. In the event the video recording becomes unavailable at the abovementioned URL address, the public can contact the Planning Department for assistance. 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 Chairman Dennis Lin presiding. This meeting was streamed live on YouTube. COMMISSIONERS PRESENT: Dennis Lin, Lauren Balog, Louis Daniele III, and Wayne De Luz. COMMISSIONERS ABSENT AND EXCUSED: John Cross and Chantel Perrin. ALSO PRESENT: Suzanna Tiapula, Esq. (Counsel to the Commission), Jean Campbell, Esq. (Counsel to the Planning Department), Zendo Kern (Planning Director), Alex Roy (Planner), Jessica Andrews (Planner), Tracie-Lee Camero (Planner), Janice Hata(Zoom Host), Maija Jackson (Planning Program Manager) and Melissa Dacayanan-Salvador (Commission Secretary). Eight members of the public were in the audience. A quorum was present. Chairman Lin called the meeting to order and introduced Commissioners and staff. APPROVAL OF MINUTES At 9:02 a.m. the Commission took up the minutes of the June 2, 2023, Windward Planning Commission meeting. It was moved by Vice Chair Daniele and seconded by Commissioner De Luz that the minutes be approved as submitted. No corrections were made. A voice vote was taken, and the motion carried with all in favor. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS At 9:03 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. Page 1 of 4 Windward Planning Commission July 7,2023 Minutes He announced that for Agenda Item No. 4, Robert J. Silber(PL-SPP-2022-000016), the Petition for Standing in a Contested Case Hearing was withdrawn by the petitioner, Darren Miller, and the Special Permit application has been withdrawn by the applicant, Robert J. Silber, and he stated testifiers may still provide oral testimony should they wish to do so. One individual attending in-person provided testimony regarding agenda Item 4, ROBERT J. SILBER(PL-SPP-2022-000016) [TIMESTAMP 6:31]. There were three (3)registered testifiers via Zoom for Agenda Item 4 and the individuals were not present on Zoom. Chair Lin asked for a motion to close public testimony. It was moved by Commissioner Balog and seconded by Vice Chair Daniele that public testimony be closed. [TIMESTAMP 13:46]. A voice vote was taken, and the motion carried with all in favor. NEW BUSINESS 1. APPLICANT: DENNIS SCHMITZ (PL-SMA-2023-000029) Application for a Special Management Area Use Permit to allow for the development of a four(4) lot agricultural subdivision on 20.027 acres of land. The subject property is located to the north (makai) of Old Mamalahoa Highway approximately 270 feet east of its intersection with Milo Street, Por. of Humu`ula and `0`6kala, North Hilo, Hawaii, TMK: (3) 3-9-001:024. 2. APPLICANT: DENNIS SCHMITZ (PL-REZ-2023-000041) Application for a Change of Zone from an Agricultural (A-20a) zoning district to an Agricultural (A-5a) zoning district for 20.027 acres of land. The subject property is located to the north (makai) of Old Mamalahoa Highway approximately 270 feet east of its intersection with Milo Street, Por. of Humu`ula and `0`6kala, North Hilo, Hawaii, TMK: (3) 3-9-001:024. The Commission took up these two items simultaneously at 9:13 a.m., with eight public members in the audience. [TIMESTAMP 14:08]. There were no in-person or Zoom testifiers for this agenda item. Staff presentation by Tracie-Lee Camero [TIMESTAMP 16:32]. Applicant presentation by Daryn Arai, Planning Consultant and Dennis Schmitz, Applicant [TIMESTAMP 25:45]. Action for DENNIS SCHMITZ (PL-SMA-2023-000029): It was moved by Vice Chair Daniele and seconded by Commissioner De Luz that the application for Special Management Area Use Permit No. 2023-000029 be approved based on the Planning Director's recommendation. [TIMESTAMP 31:28]. A roll call vote was taken, and the motion carried with four ayes (Daniele, De Luz, Balog, and Lin), no noes, and two absent and excused (Cross and Perrin). Page 2 of 4 Windward Planning Commission July 7,2023 Minutes Action for DENNIS SCHMITZ (PL-REZ-2023-000041): Chair Lin asked whether there was a time limit on the Change of Zone application. Director Kern answered there is no time limit as the application is consistent with the Hamakua Community Development Plan and consistent with the use for the area and the Department did not see any reason to place a time limit on it. It was moved by Commissioner De Luz and seconded by Vice Chair Daniele that a favorable recommendation be forwarded to the County Council on the application for Change of Zone PL-REZ-2023-000041, based on the Planning Director's recommendation. [TIMESTAMP 33:42]. A roll call vote was taken, and the motion carried with four ayes (De Luz, Daniele, Balog, and Lin), no noes, and two absent and excused (Cross and Perrin). This hearing ended at 9:33 a.m. [SEE HEARING TRANSCRIPT EXHIBIT A] 3. APPLICANT: LELAND TRAYLOR(PL-USE-2023-000009) Application for a Use Permit to operate a 3-bedroom bed and breakfast establishment within an existing 3-bedroom dwelling and an existing 2-bedroom `ohana dwelling situated on approximately 33,006 square feet of land within the Single-Family Residential-20,000 square feet(RS-20) zoning district. The subject property is located at 11-3789 Pearl Avenue, on the south corner of its intersection with 12th Street, Mauna Loa Estates, Volcano, Puna, Hawaii, TMK: (3) 1-1-012:037. The Commission took up this item at 9:34 a.m. with eight members of the public in the audience. [TIMESTAMP 35:10]. There were no in-person or Zoom testifiers for this agenda item. Staff presentation by Jessica Andrews [TIMESTAMP 37:12]. Applicant presentation by Leland Traylor, Applicant[TIMESTAMP 43:40]. Action: It was moved by Vice Chair Daniele and seconded by Commissioner Balog that the application for Use Permit No. 2023-000009 be approved based on the Planning Director's recommendation. [TIMESTAMP 46:08]. A roll call vote was taken, and the motion carried with four ayes (Daniele, Balog, De Luz, and Lin), no noes, and two absent and excused (Cross and Perrin). This hearing ended at 9:46 a.m. 4. APPLICANT: ROBERT J. SILBER(PL-SPP-2022-000016) Application for a Special Permit to legitimize the operation of a holistic education center on approximately 8.134 acres of land in the State Land Use Agricultural District. The subject property is located at 13-2060 Lolia Place, approximately 0.3 miles northwest (mauka) of its intersection with Kalapana-Kapoho Beach Road, Pohoiki, Puna, Hawaii, TMK: (3) 1-3-002:140. Page 3 of 4 Windward Planning Commission July 7,2023 Minutes At 9:46 a.m. Chair Lin reiterated agenda Item No. 4 has been withdrawn as well as the Petition for Standing in a Contested Case Hearing from Petitioner, Darren Miller. There were four members of the public in the audience. [TIMESTAMP 47:45]. There were no in-person or Zoom testifiers for this agenda item. PLANNING DIRECTOR'S REPORT [TIMESTAMP 47:58]. Report on Special Management Area (SMA) determinations, minor permits action issued by the Planning Director. At 9:47 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 [TIMESTAMP 48:19]. At 9:47 a.m. Chairman Lin introduced this item. Program Planning Manager, Maija Jackson stated there is one (1) agenda item tentatively scheduled for the August meeting. ANNOUNCEMENTS [TIMESTAMP 48:46] Chairman Lin announced the Windward Planning Commission's next monthly meeting is tentatively scheduled for Thursday,August 3,2023, 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 [TIMESTAMP 49:11] There being no further business, it was moved by Vice Chair Daniele and seconded by Commissioner Balog that the meeting be adjourned. A voice vote was taken, and the motion carried with all in favor. Chairman Lin adjourned the meeting at 9:48 a.m. Respectfully submitted, Melissa Dacayanan-Salvador Secretary ATTEST: Dennis Lin, Chairman Windward Planning Commission Page 4 of 4 Windward Planning Commission July 7,2023 Minutes