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HomeMy WebLinkAbout2012-10-04 Windward Planning Commission Minutes WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES OCTOBER 4, 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, Dean Au, Ronald Gonzales, Raylene Moses, and Wallace Ishibashi 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) 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 – 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: MUTANT LLC (SPP 12-136) Application for a Special Permit to allow the establishment of a café-coffee shop, storage-garage facility and park and sell lot on 67,945 square feet of land situated within the State Land Use Agricultural District. The property is located along the mauka side of the Hawaii Belt Road (Highway 11) on the northeast corner of the Highway 11 – Aloha Boulevard intersection, Hawaiian Ocean View Estates Subdivision, Kahuku, Ka‘u, Hawai‘i, TMK: 9-2-015:015. The Commission took this item up at 9:08 a.m. with approximately 16 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 pointed out that the Planning Director recommended denial of the application for various reasons. He noted three correspondence received into the record recently were from Department of Land and Natural Resources dated August 28, 2012, the applicant dated August 30, 2012, and Michael A. Gaines dated September 28, 2012. The applicant’s representative, Mark Maus, clarified that he was applying for the special permit to provide employment opportunities for his children and others in the area. He said the location was ideal for his business as it is located in an area where the majority of residents pass by every day and the access is off the subdivision road, noting he felt it was inevitable that in the future (maybe 10 to 50 years) that this area will be used for commercial uses. He said the only thing he was manufacturing was a small trailer and he had wanted to construct a garage under their home to prevent their vehicles from being vandalized. He withdrew his request to use the parking lot to sell used cars on consignment when he discovered he would be limited to three vehicles and a car dealer’s license was required. He added that he drives 7 miles out of his way to get coffee in the morning. In response to Commissioner Au’s inquiry, Mr. Maus said he did not believe there would be a need for any road improvements with what he is currently proposing and that the Kau CDP noted a need to promote businesses and jobs in the area. Ms. Leithead Todd said that the proposal is not consistent with the General Plan nor the Kau CDP and said the reason for the General Plan and Community Development Plan is to concentrate development in one area to avoid urban sprawl or strip development. She expressed her concern of setting a precedent in the area which would throw out the plans that have been adopted through the Commission and Council, and in the case of the Kau CDP with tremendous community input. She said if the Commission goes along with the applicant’s line of reasoning, then it would apply to everywhere else on the island and questioned why have a planning process or why adopt plans that will not be followed? Mr. Maus said he understood what the Director was saying but there were exceptions and as growth was inevitable in the area this particular area will be commercialized in the future, be it 50 to 100 years from now. He noted that currently there are many people who would love to establish their business on the subject property, noting there are other businesses already established in the surrounding area. In response to Chairman Kern’s inquiry, Mr. Maus said prior to purchasing the property seven years ago he did check with the Planning Department about the potential to develop the property and was told he had to apply for a special permit or rezoning. He added the person he hired to assist in the process was unable to find the zoning designation for the property. Ms. Leithead Todd pointed out that the current General Plan was adopted in February 2005, and it did designate the central area of Ocean View and Ranches for Urban expansion. There was no one from the public wishing to testify on the application. It was moved by Commissioner Au and seconded by Commissioner Gonzales that the application be denied based on the Planning Department’s recommendation. Commissioner Moses said although she understood the applicant’s situation, it was unfortunate that he purchased his property about the same time that the General Plan was adopted; and that although she agreed with the applicant that there will be expansion in the future, perhaps 50 to 100 years, she felt the Commission could not make an exception at this time as it would set a precedent for future applicants. Chairman Kern said the Commission has had to make challenging decisions 2 every time an application comes up that conflicts with GP or CDP and in the past they allowed minor flexibility with the understanding, especially for Puna, there was a necessity to have some type of small commercial operation (such as a convenience store), referring to a particular special permit where the Puna CDP allowed a floating zoning. The Chair stated, however, he could not support the applicant in this case and expressed his concern of the Commission setting such a precedent for the area. A roll call vote was taken and motion carried with five ayes (Au, Gonzales, Ishibashi, Moses and Kern) and one absent and excused (Ono). INITIATOR: PLANNING DIRECTOR Amendment to Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition) by relocating the easterly portion of the proposed 80-foot wide right-of-way connecting Stainback Highway to that proposed alignment between ‘Auwae Road and Lama Road to an alignment following Māmaki Street and then adjusting the proposed alignment to the southeast that terminates at the South Hilo-Puna District boundary at Waiākea, South Hilo, Hawai‘i. The Commission took this item up at 9:45 a.m. with approximately 21 people from the public in attendance. (SEE EXHIBIT A) 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. The Commission took this item up at 9:53 a.m. with approximately 22 people from the public in attendance. (SEE EXHIBIT B) RECESSED – The Chair called a short recess at 9:55 a.m. RECONVENED - The Chair reconvened the meeting at 10:04 a.m. MINUTES – The Commission took up the following minutes at this time. Approval of Minutes of the August 2, 2012 meeting – It was moved by Commissioner Ishibashi and seconded by Commissioner Au that the minutes be approved as circulated Motion was unanimously carried by a voice vote of all Commissioners in attendance. ADMINISTRATIVE The Commission took up the following two items under Administrative MATTERS Matters at this time, 10:05 a.m. with approximately 18 people from the public in attendance. Discussion regarding letter dated August 2, 2012 from Council Chairperson Dominic Yagong to Windward Planning Commission Chairperson Zendo Kern requesting information on the process 3 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 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. (SEE EXHIBIT C) Status of applications heard by Windward Planning Commission that are pending before County Council. The Commission took this item up at 12:45 p.m. with approximately 14 people from the public in attendance. Mr. Arai said that the Hawai‘i County Council approved Donny Souza & Melissa Mulliken’s (REZ 11-143) change of zone request. ANNOUNCEMENTS – There were no announcements made. ADJOURNMENT – There being no further business, the Chair declared the meeting adjourned at 12:46 p.m. Respectfully submitted, Sharon M. Nomura, Secretary A T T E S T: Zendo Kern, Chairman Windward Planning Commission 4