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Home My WebLink About2011-06-02 Windward Planning Commission Actions WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES JUNE 2, 2011 The Windward Planning Commission met in regular session at 9:15 a.m. in the County of Hawai‘i, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai‘i, with Chairman Zendo Kern presiding. COMMISSIONERS PRESENT: Zendo Kern, Dean Au, Takashi Domingo, Wallace Ishibashi, and Stephen Ono STAFF PRESENT: Julie Mecklenburg (Deputy Corporation Counsel), Phyllis Fujimoto (Staff Planner), and Jeff Darrow (Staff Planner). The Chair introduced the staff and Windward Planning Commissioners to the public and described the procedures to be followed for today’s meeting. The Commission took the following item up at 9:17 a.m. with 8 people from the public in attendance: APPLICANT: BRIAN ANDERSON REQUEST FOR DECLARATORY RULING REGARDING SPECIAL PERMIT NO. 09-095 Request for a Declaratory Ruling seeking clarification regarding Condition No. 6 (special events) of Special Permit No. 09-095, which allowed the establishment of a country market and occasional special events for non-profit agencies within an existing covered equestrian arena on approximately 2.3 acres of land situated within the State Land Use Agricultural District. The property is located along the north (makai) side of Highway 19 and east of the Waimea Country Club golf course near TMK: 4-7-007: 040. the 51-mile marker, Waikoekoe, Hamakua, Hawai'i, (SEE EXHIBIT A) RECESSED – The Chair recessed the meeting at 11:14a.m. RECONVENED – The Chair reconvened the meeting at 11:26 a.m. The Commission took the following item up at 11:26 a.m. with 6 people from the public in attendance: APPLICANT: KIPIMANA, LLC (formerly VERNE AND LYNN WOOD) (AMENDMENT TO SPECIAL PERMIT NO. 05-018) Amendment request for a 10-year time extension to or deletion of Condition No. 2 (life of the permit) of Special Permit No. 05-000018, which allowed the establishment of a baseyard for the construction, storage and servicing of water catchment systems and to allow the construction of a 3,200 square foot metal warehouse building on approximately 24,000 square feet of land situated 1 within the State Land Use Agricultural District. The property is located along the mauka side of rd Uluhe Street (33 Street), approximately 820 feet northwest of Maku‘u Drive, Hawaiian Paradise Park Subdivision, Kea‘au, Puna, Hawai‘i, TMK: 1-5-016:portion of 167. Mr. Darrow oriented the Commissioners 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 for a 10-year time extension, with conditions as amended. Commissioner Ono questioned at what point would the Commission say the area needed to be rezoned instead of continuing to allow special permits in the area. Mr. Darrow said the area rd along 33 Street is starting to become an area for industrial type uses because of numerous special permits granted by the Commission. He added that at this point in time the Hawaiian Paradise Park Homeowners Association’s plan and the Puna CDP have been amended to identify this area for industrial uses, so the next steps could possibly be a change to the General Plan LUPAG Map and then the rezoning. He further added that permits run with the land, there have been permits issued with a 5-year time limit with an additional time extension allowed; and if the Commission wishes to cease operation of the subject permit, they can deny the request. For Commissioner Ono’s information, Ms. Leithead Todd said if a permit is approved without a time limitation then it is considered to run with the land, noting if an applicant sells the property the next owner could still use the special permit for the allowed uses. She explained a rezoning permits a variety of uses and a special permit limits what can be done on a property. She said the Planning Department has started approving special permits with time limits in anticipation that eventually there will be land available for some of these commercial and industrial uses in areas such as Hawaiian Paradise Park which has more than 8,800 lots but does not have much in the way of services. She noted in many cases the community is in support of these special permits since they want something closer to where they live, noting there is no land available for such uses within a 4-mile radius. She said the problem is although the Homeowners Association’s plan and the CDP designates the area for industrial uses the actual owners of the lots in the area are either opposed to the change in designation or have no intention to rezone to utilize their property for other purposes. The applicant, Vern Wood, manager of Kipi Mana and former owner of the special permit, explained the reason for the request and asked for either removal of the 5-year time limit or extending the permit to a 10-year term, which would reduce the amount of work of the Planning Commission as there seems to be acceptance that the use is appropriate for the area. Scott Reilly, general manager for Hawaiian Paradise Park Association but speaking on his own behalf, said he would like to see the Commission be consistent and grant just a 5-year time extension request, which would give himself and the Association more flexibility to comment on the application. It was moved by Commissioner Domingo, and seconded by Commissioner Au, that the application be approved with a 10-year timeframe. Commissioner Domingo questioned whether the Planning Department was considering a General Plan Amendment of Light Industrial uses for the area since there are a number of such uses in the area. Ms. Leithead Todd said she should 2 be discussing with the Puna Action Committee and Homeowners of Paradise Park whether the Director should be initiating an amendment to the Puna CDP and also whether there should be an amendment to the GP for light industrial uses, noting there should be some input from the general community in the subdivision to give the Planning Department guidance in terms of where the community would like the Department to go. Chair Kern said he would love to see amendments to the General Plan and Puna CDP to allow smaller lot owners and entrepreneurs develop their property for Light Industrial uses in the area, which would create less traffic on the highway. Chair Kern noted that if it were not for staying in line with other permits and other things such as the survey and amendment to the CDP, he would have pushed to have the project run with the land. A roll call vote was taken and motion carried with five ayes (Domingo, Au, Ishibashi, Ono and Kern). The Commission took the following item up at 11:46 a.m. with 6 people from the public in attendance: st APPLICANT: 1 CHURCH OF RELIGIOUS SCIENCE (AMENDMENT TO SPECIAL PERMIT NO. 770) Amendment to Special Permit No. 770 to allow the establishment of a spiritual center and educational annex/meeting hall in addition to the existing preschool and day care center complex that was permitted on the subject property through the issuance of Special Permit No. 770. The 1.0-acre property, located within the State Land Use Agricultural District, is situated at the st southeastern corner of Paradise Drive and 31 Avenue, approximately 1,350 feet makai (northeast) of the Kea‘au-Pahoa Highway and Paradise Drive intersection, Hawaiian Paradise Park Subdivision, Kea‘au, Puna, Hawai‘i, TMK: 1-5-017: 061. (SEE EXHIBIT B) The Commission took the following item up at 12:58 p.m. with 6 people from the public in attendance: PLANNING DIRECTOR INITIATED Amendment to Chapter 25 (Zoning), Article 8, Section 25-8-33 of the Hawai‘i County Code 1983 (2005 Edition, as amended) relating to the City of Hilo Zone Map and regarding the relocation of a proposed 60-foot wide future road right-of-way between Akolea Road and Iwipolena Street to the north to align with Haleloke Street in the vicinity of Hilo Heights st Subdivision, Punahoa 1, South Hilo, Hawai‘i. (SEE EXHIBIT C) MINUTES – At the 12:59 p.m., the Commission took up the following approval of the minutes: May 4, 2011 – It was moved by Commissioner Au and seconded by Commissioner Ishibashi that the minutes be approved. Motion was unanimously carried by a voice vote of all Commissioners in attendance. 3 ADJOURNMENT – There being no further business, it was moved by Commissioner Domingo and seconded by Commissioner Ono that the meeting be adjourned. Motion was unanimously carried by a voice vote of all Commissioners in attendance. The meeting adjourned at 1:01 p.m. Respectfully submitted, Sharon M. Nomura, Secretary A T T E S T: Zendo Kern, Chairman Windward Planning Commission 4