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Home My WebLink About2012-05-03 Windward Planning Commission Minutes WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES MAY 3, 2012 The Windward Planning Commission met in regular session at 9:05 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 (left at 3:14 p.m.), Dean Au (from 9:23 a.m. to 12:40 p.m. and from 2:30 p.m. to 3:32 p.m.), Ronald Gonzales, Wallace Ishibashi, and Raylene Moses STAFF PRESENT: Molly Lugo (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), Sarah Hata-Finley, (Staff Member) and Sharon Nomura (Secretary) ABSENT AND 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. STATEMENTS FROM THE PUBLIC – There were no statements presented at this time. NEW BUSINESS – 9:00 a.m. APPLICANT: JOSEPH OKUNA (REZ 12-151) Application for a Change of Zone from an Agricultural 3-acre (A-3a) to a Family Agricultural 1- acre (FA-1a) zoning district for 2.96 acres of land. The property is located along the west side of Laula Road, approximately 2,260 feet south of the Haihai Street – Laula Road intersection, Waiākea, South Hilo, Hawai‘i, TMK: 2-4-004:072. The Commission took this item up at 9:07 a.m. with approximately 37 people from the public in attendance. Mr. Darrow oriented the Commission and public of the subject and surrounding properties on the locations map and site plan, summarized the request, and noted the Planning Director recommended a favorable recommendation to the County Council with conditions. He noted correspondence have been received from the DLNR-State Historic Preservation Division dated 5/9/12 and the applicant’s representative dated 5/16/12. The applicant, Joseph Okuna, and his representative, Sidney Fuke, were in attendance. Mr. Fuke stated the staff’s report was very comprehensive and to the point. He requested the Commission’s favorable recommendation on the application with the conditions proposed by the Director. He clarified that there are two dwellings on the property and they are attempting to create a legal line that separates both properties. In response to the Chair’s inquiry regarding the Department of Water Supply’s comments, Mr. Fuke said the proposed condition enables the applicant during the subdivision process to request a variance from the water requirement, if needed. There was no one from the public wishing to testify on the application. It was moved by Commissioner Ishibashi and seconded by Commissioner Moses to send a favorable recommendation to the Hawai‘i County Council as recommended by the Planning Director with conditions. A roll call vote was taken and motion carried with five ayes (Ishibashi, Moses, Gonzales, and Kern) and two absent and excused (Au and Ono). APPLICANT: JOHN HEGARTY (SPP 12-132) Application for a Special Permit to allow the establishment of a convenience store with a certified kitchen on two properties covering a total of 4.64 acres of land within the State Land Use Agricultural District. The properties are located at the southwestern corner of the Ainaloa th Boulevard-37 Avenue intersection in Orchidland Estates Subdivision, directly across the Ainaloa Longhouse complex, Kea‘au, Hawai‘i, TMK: 1-6-008: 240 & 241. The Commission took this item up at 9:16 a.m. with approximately 40 people from the public in attendance. (SEE EXHIBIT A) RECESSED – The Chair recessed the meeting at 10:22 a.m. RECONVENED – The Chair reconvened the meeting at 10:32 a.m. NEW BUSINESS – 9:00 a.m. APPLICANT:BOYD F. CASTRO, D.V.M. (REZ 12-152) Application for a Change of Zone from Single-Family Residential-10,000 square feet (RS-10) to an Industrial-Commercial Mixed-20,000 square feet (MCX-20) district for approximately 12,294 square feet of land. The property is located on the east side of Laukapu Street, approximately 200 feet north of Kekūanaōa Street, Waiakea Houselots, Waiakea, South Hilo, Hawai‘i, TMK: 2- 2-035: 003. The Commission took this item up at 10:32 a.m. with approximately 110 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’s recommendation to send a favorable recommendation to the County Council with conditions. 2 The applicant, Boyd F. Castro, and his representative, Sidney Fuke, were in attendance. Mr. Fuke stated the applicant has read the staff’s background report and recommendation and had no objections to them, noting the proposed conditions defer a lot of the requirements to the various governmental agencies. He noted the clinic is intended to be for outpatient small animals. There was no one from the public wishing to testify on this matter. It was moved by Commissioner Au and seconded by Commissioner Ishibashi to send a favorable recommendation to the Hawai‘i County Council as recommended by the Planning Director, with conditions. Chair Kern commented he was glad to hear the house will not be torn down. A roll call vote was taken and motion carried with five ayes (Au, Ishibashi, Gonzales, Moses, and Kern) and one absent and excused (Ono). NEW BUSINESS – 10:00 a.m. APPLICANT: PLANNING DIRECTOR INITIATED Hearing regarding Non-Compliance with conditions of approval of Special Permit No. 1122 (SPP 1122) and special permit revocation proceedings pursuant to Condition No. 8 of SPP 1122. SPP 1122 was issued to Hawaii’s Volcano Circus to allow the establishment of a performing arts educational center on 2.5 acres of land within a larger 10-acre site situated within the State Land Use Agricultural District. The properties are located within and adjacent to the west side of Kalapana Sea View Estates subdivision near the intersection of West Pohakupele Loop and Kehauopuna Street, Puna, Hawai‘i, TMK: 1-2-009: 034 and 1-2-038: 050. The Commission took this item up at 10:42 a.m. with approximately 110 people from the public in attendance.\ (SEE EXHIBIT B) RECESSED – The Chair recessed the meeting at 3:14 p.m. and turned the meeting over to Vice- Chairman Dean Au. RECONVENED –The Vice-Chair reconvened the meeting at 3:22 p.m. UNFINISHED BUSINESS – 10:30 a.m. APPLICANT: PLANNING DIRECTORINITIATED 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, 25-2-76 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 3:22 p.m. with three people from the public in attendance.\ 3 (SEE EXHIBIT C) MINUTES – At 3:29 p.m., the Commission took up the following minutes: April 5, 2012 - It was moved by Commissioner Ishibashi, seconded by Commissioner Moses, and unanimously carried by a voice vote to defer approval of the April 5, 2012 minutes to the June meeting. ADMINISTRATIVE MATTERS - Mr. Arai had no updates on the following appeals: a.Rapoza, etal vs. Windward PC (Hu Honua) – SMA 221 b.Parisi et al. v. Priest (Monk) of Bang San Ho Temple, et al. - SPP 919 ANNOUNCEMENTS – Mr. Arai announced the next meeting is scheduled for June 7, 2012 and the agenda should be finalized shortly. ADJOURNMENT – There being no further business, at 3:32 p.m., it was moved by Commissioner Ishibashi, seconded by Ms. 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 4