The URL can be used to link to this page

Home My WebLink About2011-12-01 Windward Planning Commission Minutes WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES DECEMBER 1, 2011 The Windward Planning Commission met in regular session at 9:00 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, Stephen Ono, and Raylene Moses STAFF PRESENT: Ivan Torigoe (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). ABSENT & EXCUSED: Takashi Domingo and Wallace Ishibashi The Chair introduced the staff and Windward Planning Commissioners to members of the public and described the procedures to be followed for today’s meeting. APPLICANT:RENAISSANCE DEVELOPMENT, LLC (AMEND REZ NO. 800) Request to amend Condition B (secure final subdivision) of Ordinance No. 95 98, which reclassified approximately 44.341 acres from the Agricultural (A-20a) district to the Agricultural (A-1a) district. The request also includes an amendment to the zoning designation from an Agricultural (A-1a) to a Family Agricultural (FA-1a) district. The property is located adjacent to and south of the former Puna Sugar Company manager’s residence, west of the Kea‘au-Pāhoa Highway, approximately one mile south of Kea‘au Village, Kea‘au, Puna, Hawai‘i, TMK: 1-6-003:010. The Commission took this item up at 9:07 a.m. with 14 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, as revised. The applicant’s representatives, Sidney Fuke and Robert Yoneoka, were in attendance. Mr. Fuke stated they have received the staff’s background report and recommendation with the revised conditions and had no objections to them. Upon the Chair’s inquiry, Mr. Fuke said that the original developer obtained a special permit to create a cacao plantation and visitor’s center; however, the permit was nullified because of the economic situation. He said the original developer also obtained tentative approval for a 1-acre subdivision in 2004 subsequent to the expiration date; but that when Mr. Yoneoka and his partner purchased the property in 2008 they did not know the time for completion had expired. 1 He said in seeking an administrative time extension the Planning staff informed them that the only way they could continue processing the subdivision was to go through this formal rezoning amendment process, which is why they are currently before the Commission. There was no one from the public wishing to testify on the application. It was moved by Commissioner Au and seconded by Commissioner Moses to send a favorable recommendation to the Hawai‘i County Council as recommended and revised by the Planning Director. A roll call vote was taken and motion carried with four ayes (Au, Moses, Ono and Kern) and two absent and excused (Domingo and Ishibashi). RECESSED - The Chair recessed the meeting at 9:24 a.m. RECONVENED – The Chair reconvened the meeting at 9:39 a.m. APPLICANTS: KAREN AND ADRIAN GALAN (REZ 11-145) Application for a Change of Zone from Single-Family Residential – 10,000 square feet (RS-10) to Village Commercial – 7,500 square feet (CV-7.5) for approximately 17,994 square feet of land. The subject properties are 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: 1-5-011:008 & 009. The Commission took this item up at 9:39 a.m. with 13 people from the public in attendance. In an abundance of caution and to avoid any possible allegations of the appearance of impropriety, Chair Kern recused himself from participating on this application. He noted that he is running for a seat on the Hawai‘i County Council and Tiffany Edward who is his campaign chairperson intends to give testimony as a member of the public in opposition to the application. The Chair noted that because he is recusing himself there is no quorum and this matter cannot be heard today. Sandra Pechter Song, Tiffany Edwards Hunt and Jon Olson declined to testify as a member of the public at this time. The Chair stated this item will be continued to the January 5, 2012 meeting. In response to Commissioner Au’s inquiry, Mr. Torigoe said if the Commission is not able to obtain four votes either for or against the application within 90 days after receiving the application then it will be sent to the County Council with a default negative recommendation, along with all of the record. He added the applicant can also agree to an extension. He then cautioned the Commission on stating when the 90-day date begins for the Commission to take action before sending it to the County Council as the rules are not crystal clear. APPLICANT: TAKATA DENTAL HEALTH CENTER, INC. (REZ 11-146) Application for a Change of Zone from Single-Family Residential – 10,000 square feet (RS-10) to Residential-Commercial Mixed Use – 20,000 square feet (RCX-20) for approximately 1.0 acre of land. The property is located on the west side of Kīlauea Avenue, approximately 750 feet 2 south of the Kāwili Street – Kīlauea Avenue intersection and across from Maemae Street, Waiākea Homestead Houselots, South Hilo, Hawai‘i, TMK: 2-2-038:028. The Commission took this item up at 9:44 a.m. with 13 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 and noted the Planning Director recommended approval of the application with conditions. Drs. Elsworth and Brice Takata, and their representative, Sidney Fuke, were in attendance. Mr. Fuke stated they have had a chance to review the Background Report and proposed Recommendation and conditions and found them to be acceptable. Mr. Fuke said three generations of the family have lived in the existing family home, which is one of the reasons why they want to move back, and the other reason being the existing facility on Waianeunue Avenue is somewhat outdated. .He said the applicants are torn whether to tear down the existing home made of redwood. In response to Commissioner Au’s inquiry, Mr. Fuke said the estimated cost for the construction of the new building is between $400,000 and $500,000. He said he felt it was excellent that the new Zoning Code allowed for this new zoning category, noting a similar type of zoning is Dr. Camacho’s property off Mohouli Street. There was no one from the public wishing to testify on the application. It was moved by Commissioner Au and seconded by Commissioner Moses to send a favorable recommendation to the County Council based on the Planning Director’s recommendation and proposed findings. The Chair said he would hope the applicants would retain the existing historic home. A roll call vote was taken and motion carried with four ayes (Au, Moses, Ono and Kern) and two absent and excused Domingo and Ishibashi). NEW BUSINESS – 9:30 a.m. INITIATOR - COUNTY COUNCIL County Council Bill No. 90, proposing the amendment of Chapter 25, Article 1 and Article 5 of the Hawai‘i County Code 1983 (2005 Edition, as Amended), relating to zoning district regulations for crematoriums, funeral homes, funeral services, and mortuaries. The Commission took this item up at 9:54 a.m. with 17 people from the public in attendance. (SEE EXHIBIT A) INITIATOR - PLANNING DIRECTOR Amendments to Planning Commission Rule No. 9 regarding the Special Management Area (SMA) to conform with Act 153, which amended Chapter 205A, Hawai‘i Revised Statutes regarding Special Management Area. The proposed amendments to Rule No. 9 seek to exempt the State Division of Boating and Ocean from any SMA permit, amend the definition of single 3 family dwelling as an exempt class of action, and increase the valuation of improvements that could be considered exempt from the SMA requirements. The Commission took this item up at 9:59 a.m. with 17 people from the public in attendance. (SEE EXHIBIT B) RECESSED – The Chair recessed the meeting at 10:25 a.m. RECONVENED – The Chair reconvened the meeting at 10:35 a.m. OLD BUSINESS – 9:45 a.m. APPLICANT: VERIZON WIRELESS (USE 11-028) Consideration of and Ruling on Proposed Findings of Fact, Conclusions of Law and Decision submitted by Verizon Wireless in the matter of the application for a Use Permit by Verizon Wireless to 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: 1-3-036:Portion of 041. The Commission took this item up at 10:35 a.m. with 12 people from the public in attendance. (SEE EXHIBIT C) OLD BUSINESS – 9:45 a.m. APPLICANTS: DONNY SOUZA & MELISSA MULLIKEN (REZ 11-143) Application for a Change of Zone from Single-Family Residential-10,000 square feet (RS-10) to Village Commercial-10,000 square feet (CV-10) for approximately 13,784 square feet of land. The property is located on the northeast corner of Highway 11 and Nichols Road, Ola‘a, Puna, Hawai‘i, TMK: 1-8-002: 064. The Commission took this item up at 10:43 a.m. with 10 people from the public in attendance. (SEE EXHIBIT D) MINUTES – The Commission took up the following approval of minutes at this time, 11:42 a.m. November 3, 2011 meeting – It was moved by Commission Au, seconded by Commissioner Moses, and unanimously carried by a voice vote that the minutes be approved. Motion was unanimously carried by a voice vote of all Commissioners in attendance. ADMINISTRATIVE MATTERS – The Commission took up the following under administrative matters 4 Election of 2012 Officers – Zendo Kern was elected as Chairman by a motion made by Commissioner Au, seconded by Commissioner Moses, and unanimously carried by a voice. Dean Au was elected as Vice-Chairman by a motion made by Commissioner Ono, seconded by Commissioner Moses, and unanimously carried by a voice vote. Windward Planning Commission’s proposed schedule for 2012 – Mr. Arai noted that the proposed Commission meeting schedule for 2012 was distributed to the Commission. . Status of appeals filed on Planning Commission decisions - Corporation Counsel – Mr. Torigoe said he had nothing to report. ANNOUNCEMENTS – Staff announced the next meeting is scheduled for January 5, 2012. ADJOURNMENT – There being no further business, the Chair declared the meeting adjourned at 11:50 a.m. Respectfully submitted, Sharon M. Nomura, Secretary A T T E S T: Zendo Kern, Chairman Windward Planning Commission 5