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HomeMy WebLinkAbout2012-05-17 Leeward Exh C - Deluz Trucking LEEWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT MAY 17, 2012 EDWIN DELUZ TRUCKING AND A regularly advertised hearing on the applications of GRAVEL, LLC (SPP 70-85) was called to order at 11:15 a.m. in the West Hawai‘i Civic Center, Community Center, Building G, 74-5044 Ane Keohokālole Highway, Kailua-Kona, Hawai‘i, with Chair Geraldine Giffin presiding. COMMISSIONERS PRESENT: Geraldine Giffin, Thomas Hickcox, Wayne Iokepa and Thomas Whittemore ABSENT AND EXCUSED: Brandi Beaudet, Lani Bowman and Richard Nelson ALSO PRESENT: Ivan Torigoe (Deputy Corporation Counsel), BJ Leithead Todd (Planning Director), Daryn Arai (Planning Program Manager), Jeff Darrow (Planner), Maija Cottle (Planner) and Noriko Sauer (Commission Secretary) And no one from the public in attendance. APPLICANT: EDWIN DELUZ TRUCKING AND GRAVEL, LLC (SPP 70-85) Amendment to allow a time extension until June 30, 2012 to comply with Condition No. 5 (submit soils report) of Special Permit No. 70-85, which allowed the operation of a quarry on approximately 63.648 acres of land situated within the State Land Use Agricultural District. The property is located approximately 4,600 feet south of Waikoloa Road and 1.3 miles southeast of Waikoloa Village, Waikoloa, South Kohala, Hawai‘i, TMK: 6-8-002: Portion of 050 (formerly 6-8-002: portion of 016). GIFFIN: Agenda Item 5, which we are taking in the space of Agenda Item 4, is – hang on – the Edwin Deluz Trucking and Gravel company is requesting an amendment to allow a time extension until June 30, 2012, to comply with Condition No. 5. It is part of the Special Permit No. 70-85. Jeff? DARROW: Thank you, Madam Chair. Good morning, Members of the Planning Commission. If I can direct your attention to our presentation. Our next applicant is Edwin Deluz Trucking and Gravel, LLC. They are requesting a time extension for Condition 5, which requires the submittal of a soils report for the Pu‘u Hina‘i. The area of this application is located just above Waikoloa Village. This is in the South Kohala District. More specifically, we are looking at the black- outlined property. The property itself is approximately 1,700 acres. The permit area is approximately 60 acres. This is a closer-up view. The colors on the map represent the different zoning for the area; the lighter green represents Agricultural-5 acres, the outer perimeters represent Open zoning on the dark green, and then the orange zoning represents Residential Agricultural-1 acre. This is an overview of the USGS map, again showing Pu‘u Hina‘i on the west side of the property. This is an aerial photo, basically showing the pu‘u in this area and the mined area in this area. Again, we are looking towards the north. Waikoloa Village is just to the northwest. 1 EXHIBIT C The applicant is requesting an amendment to allow a time extension until June 30, 2012, to comply with Condition No. 5, which requires the submittal of a soils report. This is for Special Permit No. 70-85 or Special Permit No. 164. This originally allowed the operation of a quarry on approximately 63.648 acres situated within the State Land Use Agricultural District. The Planning Director is recommending a period of one year to comply with Condition No. 5 just in case there is any unforeseen problems. Condition No. 5 currently states, “The applicant shall submit a soils report of the mined area or Pu‘u Hina‘i by an engineer qualified in the field of soil mechanics and licensed within the State of Hawai‘i within ninety days from the effective date of this amendment. The soils report, which shall provide recommendations for the stabilization of Pu‘u Hina‘i, shall be submitted to the Planning Director for review and approval, in consultation with the Department of Public Works. The applicant shall comply with the recommendation(s) of the approved soils report to stabilize the pu‘u and bring it into a non-hazardous condition. Additionally, the applicant shall comply with any other measures determined by the Planning Director to provide reasonable assurance of the stability of Pu‘u Hina‘i and the safety of people who may work or have reason to be in close proximity to the pu‘u.” This is an excerpt from the South Kohala Community Development Plan, and again it identifies Pu‘u Hina‘i on the plan. The plan does reference the pu‘u; it states that “Waikoloa has as many pu‘u if not more, than its sister town of Waimea, many of which have names that convey traditional stories of this ahupua‘a. The pu‘u named Hina‘i in the vicinity of Waikoloa and several other pu‘u in the district are being mined. Mining and also the encroachment of development have degraded the condition of several pu‘u in the district. These pu‘u should be protected and preserved in their natural state.” As result of that, originally, that’s why Condition No. 3 and No. 5 were placed, added into their permit for the protection of the pu‘u. These are some site photos. This is from the highway, belt highway, looking makai. This is on the access road going from Waikoloa Drive into the area of the permit. This is the backside of the pu‘u towards the makai; so you can see the mining that’s been done. Again, this is a closer-up view. This is some of the equipment that was on the property. These photos were actually taken when we originally had come in for the time extension for the life of the permit back in 2010. This is the area that the applicant was looking at mining from this time on versus -. It’s my understanding from the applicant’s representative that no mining has been done on the pu‘u since 2008. Planning Department is recommending a favorable recommendation to the state Land Use Commission for the request. GIFFIN: Okay. Commissioners, any questions of Jeff? DARROW: Thank you. GIFFIN: Thank you. Hearing none, would the applicant please come forward. Will you please raise your right hands and, into the microphone, answer. Do you swear or affirm to tell the truth on this matter now before the Leeward Hawai‘i County Planning Commission? HAITSUKA: I do. BALOG: I do. 2 EXHIBIT C GIFFIN: And your names, please, beginning with you, Kevin. BALOG: Kevin Balog, P.O. Box 368 Pa‘auilo, Hawai‘i 96776. GIFFIN: Thank you. And you, sir? HAITSUKA: My name is Ed Haitsuka. I’m an attorney for the applicant. My address is 75-1000 Henry Street, Suite 209, Kailua-Kona, Hawai‘i. GIFFIN: Thank you very much. Is there anything, sir -? I don’t know, Kevin, you’re going to speak or -. Okay, you’re -. Sir, would you like to add anything that have been presented by Jeff from our staff? HAITSUKA: The only thing I would add further is that the applicant has been working with a soils engineer, the applicant has an established relationship with Construction Engineering Labs, that the applicant has met with a representative who has been assigned to do the soils engineering report and study. A site inspection has been conducted, or site inspections have been conducted. And then unfortunately, during this process, it’s my understanding that the person who was assigned to this project was called away to do a report for a quarry out in Ocean View, and that that particular project has been completed, or is near completion. And we have been assured by Construction Engineering Labs that they are going to give every effort to get the report that we need. GIFFIN: Thank you. Kevin, I know that you are ma‘a enough to know that you’ve checked all of the conditions as proposed by the Planning Director? BALOG: Yes. GIFFIN: Do you have any questions or anything you would like to add? BALOG: No. GIFFIN: Thank you. Commissioners, is there anything you would like to ask the applicant? Is there something you would like to add, sir? HAITSUKA: No. Kevin was asking me about the Planning Director’s recommendation that, we had initially requested an extension to June 30, 2012 -. GIFFIN: Right. HAITSUKA: But the Planning Director’s recommendation was to carry that one more year just for unforeseen circumstances. And we would, of course, agree with the Planning Director’s recommendation, given what we have experienced so far. GIFFIN: Sure, sure. So, any other comments, questions, Commissioners? Hearing none, do I hear a motion? IOKEPA: Madam Commissioner? 3 EXHIBIT C GIFFIN: Commissioner Iokepa. IOKEPA: I propose a motion to forward a favorable recommendation of the request to the state Land Use Commission, with the amendment to Condition No. 5 of Special Permit No. 70-85. GIFFIN: Do I hear a second? HICKCOX: Second. GIFFIN: It’s been moved by Commissioner Iokepa and seconded by Commissioner Hickcox that the amendment to Condition No. 5 of the Special Permit 70-85 go forward with a favorable recommendation to the state Land Use Commission, along with the conditions as stated by the Director in her recommendation for approval. Any other comments, discussion? Hearing none, Jeff? DARROW: Thank you, Madam Chair. With that, we’ll take the roll call. Commissioner Iokepa? IOKEPA: Aye. DARROW: Commissioner Hickcox? HICKCOX: Aye. DARROW: Commissioner Whittemore? WHITTEMORE: Aye. DARROW: And Madam Chair? GIFFIN: Aye. DARROW: The motion passes, four to zero. GIFFIN: Congratulations. HAITSUKA: Thank you very much. BALOG: Thank you. GIFFIN: You’re welcome. The discussion ended at 11:25 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 4 EXHIBIT C