HomeMy WebLinkAbout2012-03-01 Windward Planning Commission Minutes
WINDWARD PLANNING COMMISSION
COUNTY OF HAWAI‘I
MINUTES
MARCH 1, 2012
The Windward Planning Commission met in regular session at 9:14 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,
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), Jeff Darrow (Staff Planner), and Sharon Nomura (Secretary)
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: DEE L. HYDE-BEGANY (SPP 12-129)
Application for a Special Permit application to allow the establishment of a home occupation for
clinical massage and myoskeletal alignment within an existing 3-bedroom single family dwelling
situated on 14,000 square feet of land within the State Land Use Agricultural District. The
property is located at 94-1735 Wakea Avenue, Discovery Harbour Subdivision, Unit I, Ka’u,
Hawai‘i, TMK: 9-4-023:064.
The Commission took this item up at 9:16 a.m. with two 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, Dee Hyde-Begany, stated the background report and recommendation with
conditions were acceptable to her. She noted she has had this in-home practice for 11 years,
first bought property in 2077, and has been in Hawaii since July 2011, noting at present they are
renting and have received permission from the owner to do this process. She added because she
is in her sixties her practice will be limited to her abilities, noting she takes care of herself, her
husband and then meet the needs of her service to humanity.
There were no questions posed to the applicant and there was no one from the public signed up
to testify on the application.
It was moved by Commissioner Domingo and seconded by Commissioner Au that the
application be approved as recommended by the Planning Director with conditions. A roll call
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vote was taken and motion carried with six ayes (Domingo, Au, Ishibashi, Moses, Ono and
Kern).
APPLICANT: PLANNING DIRECTOR INITIATED
Amendment to Map 15 of the Land Use Pattern Allocation Guide (LUPAG) Map of the County
of Hawai‘i General Plan (adopted by Ordinance No. 05 25, amended by Ordinance No. 06 153)
by changing the land use designation for Pāhoa Village and the immediately surrounding areas,
Pāhoa, Puna, Hawai‘i.
The Commission took this item up at 9:24 a.m. with nine people from the public in attendance.
(SEE EXHIBIT A)
APPLICANT: PLANNING DIRECTOR INITIATED
Amendment to Chapter 25 (Zoning Code) of the Hawai‘i County Code 1983 (2005 Edition, as
amended) relating to Agricultural Tourism. The proposed amendment will specifically amend
Sections 25-1-5(b), 25-2-71, 25-2-75, and 25-4-15 relating to definitions, plan approval
requirements, and use regulations, respectively, as they are related to agricultural tourism.
The Commission took this item up at 9:48 a.m. with nine people from the public in attendance.
(SEE EXHIBIT B)
APPLICANT: PLANNING DIRECTOR INITIATED
Amendment to Chapter 25 (Zoning Code) of the Hawai‘i County Code 1983 (2005 Edition, as
amended) relating to notification requirements for zoning amendment, project district and
agricultural project district applications. The proposed amendment will specifically amend
Sections 25-2-42(b), 25-6-44(b) and 25-6-54(b), and is a housekeeping matter that seeks to
provide consistency among different sections of the Zoning Code.
The Commission took this item up at 9:51 a.m. with eight people from the public in attendance.
(SEE EXHIBIT C)
APPLICANT: PLANNING DIRECTOR INITIATED
Amendment to Chapter 25 (Zoning Code) of the Hawai‘i County Code 1983 (2005 Edition, as
amended) relating to bed and breakfast establishments. The proposed amendment will
specifically amend Sections 25-2-61(a), 25-2-71(c), 25-2-76(b through e), 25-4-7(a), 25-5-52(d),
25-5-62(d) and 25-5-72(d). This is a housekeeping matter that seeks to provide consistency
among different sections of the Zoning Code relating to bed and breakfast establishments.
The Commission took this item up at 9:57 a.m. with eight people from the public in attendance.
(SEE EXHIBIT D)
RECESSED – The Chair recessed the meeting at 9:58 a.m.
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RECONVENED – The Chair reconvened the meeting at 10:06 a.m.
NEW BUSINESS – 9:30 a.m.
APPLICANTS: LESLIE A. AND BETTY JEAN BOTELHO (REZ-11-149)
Application for a Change of Zone from a Family Agricultural–2 acres (FA-2a) to a Family
Agricultural–1 acre (FA-1a) zoning district for 2.116 acres of land. The property is located
along the northeast side of ‘Ākala Road, approximately 75 feet from the ‘Ākala Road–Kaūmana
Drive intersection, Ponahawai, South Hilo, Hawai‘i, TMK: 2-5-40:18.
The Commission took this item up at 10:06 a.m. with eight 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. He said the Department of Water
Supply’s January 23, 2012 letter gave the cost of the water commitments and indicated that the
applicants would not be required to install a fire hydrant because of an existing hydrant near the
subject property. Regarding Condition F, he said that the applicant would be required to set
aside a 15-foot future road widening setback along the Akala Road frontage when the
Department of Public Works decides to do the road improvements in the future.
The applicant’s representative, Martha Rodillas, had no comment on the Department’s
background report and recommendation. She stated for the record she was a County employee
officially on vacation to represent the applicants who were her parents, noting she has taken over
for her son to process this rezoning application as he left for college on the mainland.
There was no one from the public wishing to testify on the application.
It was moved by Commissioner Domingo and seconded by Commissioner Ishibashi to send a
favorable recommendation to the County Council as recommended by the Planning Director,
with conditions. A roll call vote was taken and motion carried with six ayes (Domingo,
Ishibashi, Au, Moses, Ono and Kern).
APPLICANT: PLANNING DIRECTOR INITIATED
Amendment to Chapter 25 (Zoning Code) of the Hawai‘i County Code 1983 (2005 Edition, as
amended), relating to crematoriums, funeral homes, funeral services and mortuaries.
The Commission took this item up at 10:18 a.m. with nine people from the public in attendance.
(SEE EXHIBIT E)
OLD BUSINESS – 10:00 a.m.
APPLICANT: GRAPHIC IMAGES HAWAI‘I, INC.
(formerly FINANCE HOLDINGS, LTD. and TRI-ELECTRIC, INC.)
AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 99 116 (REZ 840)
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Request to amend Conditions C, H and I of Ordinance No. 99 116, which amended Ordinance
No. 96-159, which rezoned approximately 7.402 acres from the Single-Family Residential–
10,000 square feet (RS-10) district to the Neighborhood Commercial–7,500 square feet (CN-7.5)
zoning district. The amendment to conditions relates to a 5-year time extension to secure final
subdivision approval, timing of installing drainage improvements, and timing of installing
roadway improvements along Kahaopea Street. The properties are located on the southeast side
of the intersection of Kanoelehua Avenue (State Highway 11) and East Kahaopea Street,
Waiākea Homestead House Lots, South Hilo, Hawai‘i, TMK: 2-2-044: 003, 031, 032, 035 and
037.
The Commission took this item up at 10:25 a.m. with nine people from the public in attendance.
(SEE EXHIBIT F)
RECESSED - The Chair called a recess at 10:45 a.m.
RECONVENED - The Chair reconvened the meeting at 11:00 a.m.
NEW BUSINESS – 10:30 a.m.
INITIATOR: PLANNING DIRECTOR
Amendment to Ordinance No. 12-18, which changed the zoning district classification
of 19,369 square feet of land from Open (O) to an Industrial-Commercial Mixed
(MCX-20). The amendment will correct a typographical error in the tax map key description of
the property within the title of the ordinance. The property is located on the east side of
Kanoelehua Avenue, approximately 200 feet south of the Kanoelehua Avenue - Hualani Street
intersection, Waiākea House Lots, Waiākea, South Hilo, Hawai‘i, TMK: 2-2-035: 070.
The Commission took this item up at 11:45 a.m. with one person from the public in attendance.
Mr. Arai explained that a change of zone request by Diane Uyeda and Garrett Sasaki was heard
by the Planning Commission on November 3, 2011 and Ord. 12 18 was passed by the County
Council last month. However, as it was found there was an error in the TMK Number in the title
of the ordinance, the Director has thus initiated this amendment.
There was no one from the public testifying on this amendment.
It was moved by Commissioner Au and seconded by Commissioner Domingo to send a
favorable recommendation to the County Council as recommended by the Planning Director. A
roll call vote was taken and motion carried unanimously with six ayes (Au, Domingo, Ishibashi,
Moses, Ono and Kern).
MINUTES - The Commission took up the following at this time, 11:44 a.m.
Approval of Minutes of the February 2, 2012 meeting - It was moved by Commissioner Au,
seconded by Commissioner Moses, and unanimously carried by a voice vote that the minutes be
approved as circulated.
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ADMINISTRATIVE MATTERS – The Commission took up the following under administrative
matters at this time, 11:45 a.m.
Status regarding the following appeals:
1. Rapoza, etal vs. Windward PC (Hu Honua) – SMA 221 – Mr. Torigoe said the Third Circuit
Court has not scheduled this for a hearing as yet, noting courts sometimes make an attempt to
have the parties resolve a matter amongst themselves.
2. Parisi et al. v. Priest (Monk) of Bang San Ho Temple, et al. - SPP 919 – Mr. Torigoe and
Mr. Arai said they were currently unaware of the status of this appeal but will provide a report as
soon as it becomes available.
ANNOUNCEMENTS – Mr. Arai said more than likely the July meeting will be cancelled.
Mr. Arai expressed appreciation to Ms. Moses in putting forth her nomination on the
Commission for a full-five year term, adding the Council will be consideration her nomination at
the Council Committee meeting on March 9, 2012, along with the nomination of Ronald
Gonzales’s, who represents the Hamakua/North Hilo District.
ADJOURNMENT – There being no further business, at 11:58 a.m., it was moved by
Commissioner Domingo, seconded by Commissioner Moses, and unanimously carried by a
voice vote that the meeting be adjourned.
Respectfully submitted,
Sharon M. Nomura, Secretary
A T T E S T
Zendo Kern, Chairman
Windward Planning Commission
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