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Home My WebLink About2012-02-02 Windward Planning Commission Minutes WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES FEBRUARY 2, 2012 The Windward Planning Commission met in regular session at 9:04 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 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), Kelly Gomes (representing Chief Engineer from 9:36 a.m.), and Sharon Nomura (Secretary) ABSENT & EXCUSED: Stephen Ono 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. NEW BUSINESS – 9:00 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) 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 9:07 a.m. with 17 people from the public in attendance. (SEE EXHIBIT A) 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 1 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 10:02 a.m. with 8 people from the public in attendance. Mr. Arai noted that the applicants in their February 1, 2012 agreed to have this application heard at the next Windward Planning Commission meeting as the Applicants failed to notify surrounding property owners of today’s hearing. As there were no objections there was unanimous consensus by the Commission to have this matter place on its March 1, 2012 agenda. APPLICANT: DR. NICOLE BAYLAC (SMA 11-48 / USE 11-32) Applications for a Special Management Area Use Permit and a Use Permit to allow the establishment of a naturopathic retreat center situated on two parcels totaling 33,378 square feet of land situated within the Special Management Area and the Single-Family Residential (RS-10) zoning district. The properties are located in the vicinity of 14-5146 Alapai Point Road within the Kapoho Beach Lots Subdivision at Kapoho, Puna, Hawai‘i, TMKs: 1-4-027:004 & 005. The Commission took this item up at 10:03 a.m. with 8 people from the public in attendance. The Chair stated that this application has been withdrawn per Sidney Fuke’s January 18, 2012 letter. OLD BUSINESS – 9:30 a.m. 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 amend the definition of single 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 10:04 a.m. with 8 people from the public in attendance. Staff noted that this matter is being rescheduled for a joint meeting of both the Windward and Leeward Planning Commissions. RECESSED - The Chair called a recess at 10:04 a.m. RECONVENED - The Chair reconvened the meeting at 10:10 a.m. NEW BUSINESS – 9:45 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 2 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 10:10 a.m. with 8 people from the public in attendance. (SEE EXHIBIT B) MINUTES - The Commission took up the following at this time, 11:34 a.m. Approval of Minutes of the January 5, 2012 meeting - It was moved by Commissioner Ishibashi, seconded by Commissioner Au, and unanimously carried by a voice vote that the minutes be approved as circulated. ADMINISTRATIVE MATTERS – The Commission took up the following under administrative matters at this time, 11:35 a.m. Appeals and Lawsuits - Mr. Arai noted that at the next meeting he and the Commission’s attorney will be providing an update and briefing of outstanding appeals and lawsuits involving the Commission. Residency Requirement - Commissioner Au questioned what would occur if a Commissioner moves out of his/her district. Mr. Arai said he needs to have this question looked into further. Mr. Torigoe noted generally in the past it did not instantly disqualify a Commissioner wherein a Commissioner would continue until it is challenged or until they can have the vacancy filled, noting clearly the Planning Department would want to fill the position as soon as possible with someone who is in compliance with the residency requirement. ANNOUNCEMENTS – Ms. Leithead Todd informed the Commission that the nominations of Raylene Moses and Ronald Gonzalez to the Windward Planning Commission have been forwarded to the County Council for confirmation. ADJOURNMENT – There being no further business, the Chair declared the meeting adjourned at 11:33 a.m. Respectfully submitted, Sharon M. Nomura, Secretary A T T E S T Zendo Kern, Chairman Windward Planning Commission 3