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Home My WebLink About2013-01-10 Windward Planning Commission Minutes WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES JANUARY 10, 2013 The Windward Planning Commission met in regular session at 9:07 a.m. in the County of Hawai‘i, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai‘i, with Chairman Dean Au presiding. COMMISSIONERS PRESENT: Dean Au, Ronald Gonzales, Wallace Ishibashi, Raylene Moses and Stephen Ono 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. STATEMENTS FROM THE PUBLIC – Note that statements from the public regarding any particular item on this agenda will be taken at the time the particular item is called to order. NEW BUSINESS – 9:00 a.m. APPLICANT: AGUINALDO 4, LLC (REZ 12-159) Application for a Change of Zone from a Single-Family Residential–10,000 square feet (RS-10) to a Village Commercial–20,000 square feet (CV-20) zoning district for approximately 1.545 acres of land. The subject property is located at the southeast corner of the intersection of Pāhoa- Kalapana Road (Highway 130) and Pāhoa-Kapoho Road (Highway 132), east of Pāhoa High School at Kaniahiku Homesteads, Puna, Hawai‘i, TMK: 1-5-003:037. The Commission took this item up at 9:09 a.m. with approximately 24 people from the public in attendance. Mr. Darrow stated this application has been withdrawn per letter dated January 7, 2013. There was no one from the public wishing to testify on the application. APPLICANT: PARADISE HELICOPTERS (SPP 12-143) Application for a Special Permit to allow the construction and establishment of a helicopter landing area on a 10,000 square-foot portion of a 1.003-acre parcel situated within the State Land Use Agricultural District. The property is located at the southwestern corner of Plumeria Street and Hoku Avenue in Royal Gardens Subdivision, Puna, Hawai‘i, TMK: 1-1-114:022. 1 The Commission took this item up at 9:10 a.m. with approximately 24 people from the public in attendance. (SEE EXHIBIT A) APPLICANT: MATTHEW W. CASTRO (SPP 12-144) Application for a Special Permit to allow the construction and operation of an approximately 225 square-foot certified cold kitchen facility for the preparation of dried fish on a one-acre parcel situated within the State Land Use Agricultural District. The subject property is located along th the southwest (mauka) side of 29 Avenue, approximately 1,200 feet from its intersection with Paradise Drive, Hawaiian Paradise Park Subdivision, Puna, Hawai’i, TMK: 1-5-033:130. The Commission took this item up at 9:50 a.m. with approximately 25 people from the public in attendance. Ms. Cottle noted replacement page 3 of the background report was distributed today. She then 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. She revised Condition No. 2 to read as follows: “The proposed certified kitchen shall be established within three (3) years from the effective date of this permit. This time period shall include securing Final Plan Approval for the proposed use from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structures, driveway access and parking stalls associated with the certified cold kitchen use. The pavement of the driveway and parking space(s) are not required, and any material may be used that will eliminate erosion, mud and standing water. Landscaping along portions of the project site boundaries in proximity to the certified cold kitchen facility shall also be indicated on the plans. The extent of landscaping along the project site boundaries shall be sufficient to reasonably mitigate visual and noise impacts upon nearby residences on adjoining properties.” She then added that the State Historic Preservation Division commented that the proposal will have no effect on historic sites. In response to Commission Ono’s inquiry regarding a cold kitchen, Ms. Cottle explained that a the applicant will be drying his fish and there is no cooking or heating of any of the food products. is involved. Upon Commissioner Ono’s further inquiries, Ms. Cottle said there may be a smell if the fish is smoked and that none of the neighbors submitted comments on the application. The applicant, Matthew Castro, said he agreed with the conditions proposed by the Planning Department. In response to the Chair’s inquiry, Mr. Castro said he plans on drying fish two to three times a week. 2 For Commissioner Gonzales’s information, Mr. Castro said he has no problem in switching from a cesspool to a septic system as requested by the State Department of Health; and that he catches his own fish and also buy fish from fishermen. There was no one from the public wishing to testify on this application. It was moved by Commissioner Moses and seconded by Commissioner Ishibashi that the application be approved as recommended by the Planning Director, with conditions. A roll call vote was taken and motion carried with five ayes (Moses, Ishibashi, Gonzales, Ono and Au). RECESSED – The Chair called a short recess at 10 a.m. RECONVENED – The Chair reconvened the meeting at 10:10 a.m. NEW BUSINESS – 9:30 a.m. INITIATOR: COUNTY COUNCIL (Bill No. 291) Bill No. 291 regarding a proposed amendment to Chapter 25, Article 6, Division 1 of the Hawai‘i County Code 1983 (2005 Edition, as amended), relating to Planned Unit Development (P.U.D.). The purpose of Bill No. 291 is to clarify procedural guidelines, define the requirements of a P.U.D. permit, and to add the Planning Commission(s) and the County Council to the review and approval process for a P.U.D permit. Initiates amendments to Chapter 25 (Zoning Code), Article 6, Division 1, relating to P.U.D: Amends Section 25-6-1 relating to Purpose. Deletes Section 25-6-2 relating to Minimum land area required. Amends Section 25-6- 3 relating to application for P.U.D. permit. Amends 25-6-4 relating to Notice of action on a P.U.D. application. Deletes Section 25-6-5 relating to Procedure for processing P.U.D. application when use not permitted in district. Amends Section 25-6-6 relating to Actions by director on P.U.D. permit applications and replaces it with Procedure for processing P.U.D. application, adds Section 25-6-7 relating to Conditions imposed on P.U.D., and Section 25-6-8 relating to Review and approval of final site plans. Deletes Section 25-6-10 relating to Criteria for granting a P.U.D. permit. Replaces Section 25-6-11 relating to Height exceptions authorized with Construction in conformity with approved final site plans, and Section 25-6-12 relating to Approval of variances, use permits and plan approvals issued under P.U.D. permit with Plan approval issued by approval of final site plans. Amends Section 25-6-13 relating to Effect of P.U.D. permit on other zoning provisions. Amends Section 25-6-14 relating to Time extension and amendments. Amends Section 25-6-15 relating Appeals to Appeal of director's actions on P.U.D. final site plans. INITIATOR: PLANNING DIRECTOR Amendment to Chapter 25, Article 6, Division 1 of the Hawai‘i County Code 1983 (2005 Edition, as amended), relating to Planned Unit Development (P.U.D.). The purpose of the proposed bill is to clarify the purpose of a P.U.D., clarify procedural guidelines for submitting a P.U.D. application, define the requirements of a P.U.D. project, and to provide an opportunity for greater community involvement in the approval process for a P.U.D. permit. Initiates amendments to Chapter 25 (Zoning Code), Article 6, Division 1, relating to P.U.D. Amends Section 25-6-1 relating to purpose. Amends Section 25-6-3 relating to requirements of application for P.U.D. permit. Amends Section 25-6-4 relating to notice of action on P.U.D. 3 application. Amends Section 25-6-5 relating to procedure for processing application when use not permitted in district. Amends Section 25-6-6 relating to actions by director on P.U.D. permit applications. Adds Section 25-6-7 relating to community meeting required prior to submittal of an application for a P.U.D. Amends Section 25-6-10 relating to criteria for granting a P.U.D. permit. Amends Section 25-6-11 relating to height exceptions authorized. Amends Section 25- 6-12 relating to approval of variances, use permits and plan approvals issued under P.U.D. permit. Amends Section 25-6-13 relating to effect of P.U.D. permit on other zoning provisions. Amends Section 25-6-14 relating to time extensions and amendments. Amends Section 25-6-15 relating to appeals. The Commission took these two items up simultaneously regarding Planning Unit Development at 10:10 a.m. with approximately 37 people from the public in attendance. (SEE EXHIBIT B) RECESSED – The Chair recessed the meeting at 10:58 a.m. RECONVENED – The Chair reconvened the meeting at 11:08 a.m. UNFINISHED BUSINESS – 10:00 a.m. APPLICANT: CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL /CBESS (SPP 12-138) Continued hearing on an application for a Special Permit to develop a K to 12 charter school campus with dorm facilities and related uses on approximately 70 acres of land situated in the State Land Use Agricultural District. The property is located on both the southwest and northeast sides of Edita Street near its intersection with Kaūmana Drive and adjoining the Pacific Plantation Subdivision in Kaūmana, South Hilo, Hawai‘i, TMK: 2-5-006:141. The Commission took this item up at 11:09 a.m. with approximately 45 people from the public in attendance. (SEE EXHIBIT C) UNFINISHED BUSINESS – 1:00 p.m. INITIATOR: PLANNING DIRECTOR Discussion of possible amendments to Planning Commission Rule No. 12 regarding the Geothermal Asset Fund relating to procedures and guidelines for the processing of proposed community approved geothermal impact mitigation projects within the District of Puna. ADMINISTRATIVE MATTERS Discussion regarding letter dated August 2, 2012 from Council Chairperson Dominic Yagong to Windward Planning Commission Chairperson Zendo Kern requesting information on the process for requesting use of the Geothermal Asset Fund to fund a health study as a community approved mitigation project for the Puna community to address the alleviation or attenuation of direct 4 detrimental effects of geothermal operations permitted under Geothermal Resources Permit No. 2. Discussion regarding letter dated August 8, 2012 from Councilperson Fred Blas to Windward Planning Commission Chairperson Zendo Kern requesting information on procedures for requesting use of the Geothermal Asset Fund to fund a health study for Puna to determine the possible negative impacts of geothermal power producing activities at the Puna Geothermal Venture Plant. The Commission took these three items up simultaneously at 4:20 p.m. with 7 people from the public in attendance. (SEE EXHIBIT D) At 5:22 p.m., the Commission took up the status of applications heard by Windward Planning Commission that are pending before County Council – Mr. Arai updated the Commission of matters before the Council which were Dien-Jung Lin’s Rezoning 12-158, resolution for a moratorium on upzoning until the Pahoa Regional Town Center is adopted, and the Ag-Tourism Bill. He added that the Mayor has forwarded the following three names to the Council for nomination to the Windward Planning Commission: Tiffany Edwards-Hunt to replace Dean Au, Charles Heaukulani to replace Zendo Kern, and Myles Miyasato to fill the vacant enlarge seat. ANNOUNCEMENTS – Mr. Arai announced the next meeting is scheduled for February 7, 2013 with three items on the agenda, and that Connection New Century Public Charter School/CBESS (SPP 12-138) will probably be scheduled for the March agenda. MINUTES – At 5:27 p.m., the Commission took up the following item: Approval of Minutes of the December 6, 2012 meeting – It was moved by Commissioner Gonzales and seconded by Commissioner Ishibashi that the minutes be approved. Motion was unanimously carried by a voice vote of all Commissioners in attendance. ADJOURNMENT –There being no further business, the Chair declared the meeting adjourned at 5:28 p.m. Respectfully submitted, Sharon M. Nomura, Secretary Windward Planning Commission 5