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HomeMy WebLinkAbout2011-08-04 Windward Planning Commission Minutes WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES AUGUST 4, 2011 The Windward Planning Commission met in regular session at 9:07 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, Wallace Ishibashi, and Raylene Moses STAFF PRESENT: Julie Mecklenburg (Deputy Corporation Counsel), B. J. Leithead Todd (Planning Director), Daryn Arai (Planning Program Manager), Phyllis Fujimoto (Staff Planner), Maija Cottle (Staff Planner) and Jeff Darrow (Staff Planner). And eight people from the public in attendance ABSENT & 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. As there were no objections, it was moved by Commissioner Ishibashi, seconded by Commissioner Au, and unanimously carried by a voice vote that the agenda be amended to have the Planning Director initiated amendment to Chapter 25 regarding the relocation of a proposed 60-foot wide future road right of way in the vicinity of the Hilo Heights Subdivision be taken up after the Verizon Wireless Use Permit No. 11-28. NEW BUSINESS – 9:00 a.m. APPLICANT: NEIL ERICKSON/TAYLOR McMAHEL (SMA 11-000047) Application for a Special Management Area Use Permit to allow the conversion of two single- family dwellings into four single-family dwellings. The property is located approximately 1,600 feet north of Mile Marker 25, makai of the Hawai‘i Belt Road and the Laupāhoehoe Train Museum, Manowaiopae Homesteads, North Hilo, Hawai‘i, TMK: 3-6-010: 007. The Commission took this item up at 9:10 a.m. with four people from the public in attendance: Mr. Darrow 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, Taylor McMahel, was in attendance. He said he has seen the recommendation and conditions and are okay with him and the owners. There was no one from the public wising to testify on the application. 1 It was moved by Commissioner Au and seconded by Commissioner Ishibashi that the application be approved as recommended by the Planning Director. A roll call vote was taken and motion carried with four ayes (Au, Ishibashi, Moses and Kern) and two absent and excused (Domingo and Ono). APPLICANT: TAYLOR McMAHEL (SPP 990) Amendment to Special Permit No. 990 by changing from a four (4) bedroom inn operation to an eight (8) bedroom lodge operation on approximately 2.62 acres of land situated within the State Land Use Agricultural District. The property is located on the north side of Old Volcano Road approximately 1,400 feet east of the Pearl Avenue-Old Volcano Road intersection, ‘Ōla‘a Summer Lots, Volcano, Puna, Hawai‘i, TMK: 1-9-003:003. The Commission took this item up at 9:19 a.m. with three people from the public in attendance: Ms. Cottle oriented the Commission and public of the subject and surrounding properties on the location map and site plan, summarized the request, circulated photos of the area, and noted the Planning Director recommended approval of the application with conditions. She noted for the record a letter submitted into the record by Eric Lightner dated August 1, 2011. Taylor McMahel and Ronald Ober were in attendance. They stated they reviewed the recommendation and conditions proposed by the Planning Director and had no objections to them. There was no one from the public wishing to testify on the application. It was moved by Commissioner Au and seconded by Commissioner Ishibashi that the application be approved as recommended by the Planning Director with the proposed conditions. A roll call vote was taken and motion carried with four ayes (Au, Ishibashi, Moses and Kern) and two absent and excused (Domingo and Ono). The Chair informed the applicants that they will be notified in writing of the Commission’s action. RECESSED: The Chair recessed the meeting at 9:23 a.m. RECONVENED: The Chair reconvened the meeting at 9:33 a.m. NEW BUSINESS – 9:30 a.m. APPLICANT: YUKO ISHIKAWA (SPP 10-103) Amendment to Special Permit No. 10-103, which allowed the use of a portion of a proposed 3- bedroom single-family dwelling as an artist studio on approximately 12,000 square feet of land situated within the State Land Use Agricultural District. The applicant requests to increase the area within the dwelling that will be used as an artist studio from 99 square feet to approximately 604 square feet. The property is located along Gardenia Drive approximately 550 feet southeast 2 from its intersection with Ainaloa Avenue within Ainaloa Subdivision, Puna, Hawai’i, TMK: 1-6-073:031. The Commission took this item up at 9:33 a.m. with six people from the public in attendance: Ms. Cottle oriented the Commission and public of the subject and surrounding properties on the location map and site plan, summarized the request, circulated photos of the area, and noted the Planning Director recommended approval of the application with conditions. The applicant’s representative, Grif Frost, stated they have reviewed the Planning Director’s background report and conditions and were in agreement with them. In response to Commissioner Au’s inquiry, Mr. Frost noted Ms. Ishikawa is a digital photographer. There was no one from the public wishing to testify on the application. It was moved by Commissioner Au and seconded by Commissioner Moses that the application be approved for the reasons and with the conditions as recommended by the Planning Director. A roll call vote was taken and motion carried with four ayes (Au, Moses, Ishibashi and Kern) and two absent and excused (Domingo and Ono). The Chair at this time reiterated that the agenda has been amended to take up the Planning Director initiated amendment to the Zoning Code regarding the relocation of a proposed 60-foot wide future road right-of-way in the vicinity of Hilo Heights Subdivision after the Verizon Wireless Use Permit application. RECESSED – The Chair recessed the meeting at 9:43 a.m. RECONVENED – The Chair reconvened the meeting at 9:47 a.m. NEW BUSINESS – 9:45 a.m. CHRISTOPHER AND LATISHA VENTI (REZ 11-138) Change of Zone from a Single-Family Residential–10,000 square feet (RS-10) to a Village Commercial–10,000 square feet (CV-10) zoned district for approximately 10,609 square feet of land. The subject property is located on the north side of Pahoa Village Road, across from the Pahoa Cash and Carry Store employee's parking lot at Nānāwale Homesteads, Pāhoa, Puna, Hawai‘i, TMK: 1-5-11: 11. The Commission took this item up at 9:47 a.m. with eight people from the public in attendance: (SEE EXHIBIT A) PACIFIC QUEST CORPORATION (USE 11-27) Application for a Use Permit to allow the establishment of a group living facility with more than eight (8) residents within the Resort-Hotel (V-.75) zoned district. The properties are located on 3 the north (makai) side of Kalaniana‘ole Street, approximately 130 feet southwest from the intersection of Kalaniana‘ole Street and Kea‘ā Street, Waiākea, South Hilo, Hawai‘i, TMKs: 2-1- 06: 16 & 17. The Commission took this item up at 10:37 a.m. with eight people from the public in attendance: Mr. Darrow stated that the applicant has submitted a letter requesting the hearing be continued to the September meeting. There was no one from the public wishing to testify on the application. It was moved by Commissioner Au and seconded by Commissioner Ishibashi that the hearing be continued to the September meeting. Motion was unanimously carried by a voice vote of all Commissioners in attendance. PACIFIC QUEST CORPORATION (USE NO. 98) Revocation of Use Permit No. 98, which was approved on February 27, 1992 by the Planning Commission to allow the establishment of a community health center within the former AYH Youth Hostel complex. The property is located on the north (makai) side of Kalaniana‘ole Street, approximately 130 feet southwest from the intersection of Kalaniana‘ole Street and Kea‘ā Street, Waiākea, South Hilo, Hawai‘i, TMK: 2-1-06: 17. The Commission took this item up at 10:38 a.m. with eight people from the public in attendance: Mr. Darrow stated the applicant has requested a continuance of these items to the September hearing. There was no one from the public wishing to testify on the application. It was moved by Commissioner Au and seconded by Commissioner Ishibashi that the hearing be continued to the September meeting. Motion was unanimously carried by a voice vote of all Commissioners in attendance. NEW BUSINESS – 10:30 a.m. HILO MEDICAL CENTER (REZ 11-139) Application for a Change of Zone from Single-Family Residential–7,500 square feet (RS-7.5) to Neighborhood Commercial-10,000 square feet (CN-10) for approximately 9,230 square feet of land. The property is located at 49 Punahele Street, which is on the south side of Punahele Street approximately 200 feet east of the Komohana Street - Punahele Street intersection and across nd from the Hawai‘i Community Correctional Facility, Punahoa 2, South Hilo, Hawai‘i, TMK: 2-3-35:18. The Commission took this item up at 10:39 a.m. with six people from the public in attendance: Mr. Darrow noted the applicant has requested a continuance on this matter to the September meeting. 4 There was no one from the public wishing to testify on this agenda item. It was moved by Commissioner Au and seconded by Commissioner Ishibashi that the hearing be continued to the September meeting. Motion was unanimously carried by a voice vote of all Commissioners in attendance. RECESSED – The Chair recessed the meeting at 10:40 a.m. RECONVENED – The Chair reconvened the meeting at10:47 a.m. VERIZON WIRELESS (USE 11-28) Application for a Use Permit to construct a 154-foot tall steel telecommunication monopole with 8-foot tall panel antennas and related facilities on an approximate 750 square-foot portion of a 1- acre parcel situated in the State Land Use Agricultural district and the County’s Agricultural 1- acre (A-1a) zoned district. The property is located at 13-3474 Kupono Street, which is on the west side of Kupono Street, approximately 400 feet north of the intersection of Kupono Street and Leilani Avenue in Leilani Estates Subdivision, Keahialaka, Puna, Hawai`i, TMK: 1-3- 36:Portion of 41. The Commission took this item up at 10:47 a.m. with 15 people from the public in attendance: (SEE EXHIBIT B) 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. The Commission took this item up at 12:19 p.m. with six people from the public in attendance: (SEE EXHIBIT C) NEW BUSINESS – 11:00 a.m. PLANNING DIRECTOR INITIATED Ordinance amending the Puna Community Development Plan, as adopted by Ordinance No. 08- 116 and amended by Ordinance Nos. 10-104, 11-51, 11-52 & 11-53 relating to the identification of the boundaries for Regional Town Centers, Community Village Centers and Neighborhood Village Centers in the map legends shown in Figures 5-1 through 5-11, inclusive. The Commission took this item up at 12:24 a.m. with six people from the public in attendance: (SEE EXHIBIT D) 5 PLANNING DIRECTOR INITIATED Ordinance amending the Puna Community Development Plan, as adopted by Ordinance No. 08- 116 and amended by Ordinance Nos. 10-104, 11-51, 11-52 & 11-53 relating tonon-substantive language, spelling and formatting of certain sections of the Puna Community Development Plan. The Commission took this item up at 12:31 a.m. with three people from the public in attendance: (SEE EXHIBIT E) MINUTES The Commission took up the approval of the following minutes at this time, 12:32 p.m. May 4, 2011 Executive Session Minutes and June 2, 2011 Regular Session Minutes – 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. ADMINISTRATIVE MATTERS The following were discussed under Administrative Matters at this time, 12:33 a.m. County Council’s Resolution 16-11 – Mr. Arai said the County Council recently passed a resolution delaying the Council’s actions on General Plan amendments and rezonings within the district of Kau until the Community Development Plan is adopted by Ordinance or until December 31, 2012, whichever shall occur first. Director Leithead Todd agreed with Mr. Arai that this resolution does not have the force and effect of law, the Commission is obligated to process applications in accordance with the Commission’s Rules and Codes, and it would be up to the Council what action it wishes to take when the request is transmitted to them. Civil No.10-1-0286 (Claudia Rohr versus Planning Commission and Hu Honua Bioenergy, LLC/SMA 221) – Ms. Mecklenburg noted that the parties are awaiting the briefing schedule from the Court. Civil No. 11-1-0238 (Bridget Rapoza, The Hilo Project, LLC, Stefan Hagen, Robert And Patricia Ferazzi, Susan Munro And Kerry Glass, Marcus G. Spallek, Raquel Dow, Elaine Munro, and Rosemary Sylvester Gonzalez Versus County of Hawai‘i Windward Planning Commission; Zendo Kern, in his official capacity as Chairman, County of Hawai‘i Windward Planning Commission/SMA 221) – Ms. Mecklenburg said Steven Strauss on behalf of various intervenors has filed an appeal to the Circuit Court, and the County has responded to Steven Strauss’s statement of the case. She noted that Mr. Strauss did not name anyone else in the appeal but that Hu Honua has filed a petition to intervene; and she added that parties are awaiting a briefing schedule from the Court. Planning Commission Rules – In response to Ms. Mecklenburg’s inquiry, the Commission directed her to look into including in the Commission’s rules more specifically how Robert’s Rules will apply, such as the ability to discuss a matter before a motion is made and when a Chair’s vote can be taken, noting in some cases a Chair does not vote unless there is a tie. 6 In response to the Chair’s inquiry, Ms. Leithead Todd noted that per the Code an applicant must notify surrounding property owners within 300 or 500 feet of an application, depending on the type of application, and there have been discussion amongst County Council Members to increase it to 1,000 feet with certain type of applications. Ms. Leithead Todd clarified that for contested cases a person can be deemed an interested party if it is determined that their interest is clearly distinguishable from that of the general public. Ms. Mecklenburg agreed, giving an example of an interested party who showed the wind pattern carried debris from an incinerator to her property outside of the notification listing. Ms. Leithead Todd noted a person can also be deemed an interested party if they have been practicing gathering rights or can prove there would be an impact to some of the resources in the area from the proposal, clarifying that one cannot just argue there would be an impact to resources but would have to prove they have utilized those specific resources and have traditionally done so. Ms. Leithead Todd added that if the Commission denies someone intervention in a contested case they need to clearly state the reasons, noting at that point the Commission could go into executive session to find out the standards for allowing intervention, an interpretation of a legal term, etc. to make a better decision. Corporation Counsel – Ms. Leithead Todd noted the Office of the Corporation Counsel has moved to the Ben Franklin Building on the second floor as the Hilo Lagoon is being renovated because of asbestos and toxic mold. ANNOUNCEMENTS There were no announcements made. ADJOURNMENT There being no further business, at 12:50 p.m., it was moved by Commissioner Au and seconded by Commissioner Ishibashi that the meeting be adjourned. Motion was unanimously carried by a voice vote of all Commissioners in attendance. Respectfully submitted, Sharon M. Nomura, Secretary A T T E S T: Zendo Kern, Chairman Windward Planning Commission 7