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Home My WebLink About2012-12-06 Windward Planning Commission Minutes WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES DECEMBER 6, 2012 The Windward Planning Commission met in regular session at 9:20 a.m. in the County of Hawai‘i, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai‘i, with Chairman Pro Tem Dean Au presiding. COMMISSIONERS PRESENT: Dean Au, Ronald Gonzales, Wallace Ishibashi, and Stephen Ono STAFF PRESENT: Ryan Kanakaole (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: Raylene Moses 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: MILE MARKER 12, LLC (SPP 12-140) Application for a Special Permit to allow the establishment of a center for well-being, overnight accommodations and related uses situated on an 11.33-acre portion of a 43.57-acre parcel of land within the State Land Use Agricultural District. The property is located approximately 65 feet south from the 12 mile marker on the west (mauka) side of the Pahoa-Kalapana Road (Highway 130), Keahiala, Puna, Hawai‘i, TMK: 1-3-009:018 The Commission took this item up at 9:22 a.m. with approximately 125 people from the public in attendance. (SEE EXHIBIT A) APPLICANT: SUZANNE BENNETT & JEAN MCKEAGUE (SPP 12-141) Application for a Special Permit to allow the establishment of satellite learning and education center (school) on one acre of land situated within the State Land Use Agricultural District. The thth property is located on 5 Avenue approximately 1,000 feet northwest of the intersection of 5 Avenue and Kaloli Drive, Hawaiian Paradise Park Subdivision, Puna, Hawai‘i, TMK: 1-5- 053:142. 1 The Commission took this item up at 9:33 a.m. with approximately 130 people from the public in attendance. (SEE EXHIBIT B) APPLICANT: EDWIN L. LILLEY (SPP 12-142) Application for a Special Permit to allow the use of a portion of an existing dwelling as a real estate office that resides on approximately 1.27 acres of land situated within the State Land Use Agricultural District. The subject property is located on the east side of Kaluiiki Road, east of the Hilo Hongwanji Mission Cemetery, and approximately 250 feet north of the Kaluiiki Road – Kaūmana Drive intersection, Kaūmana Homesteads, South Hilo, Hawai’i, TMK: 2-5-064:008. The Commission took this item up at 9:42 a.m. with nine people from the public in attendance. The Commission took this item up at 11:24 a.m. with approximately 20 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 recommended approval of the application with conditions. She said the Department of Public Works submitted a memo regarding Kaluiiki Road; however in following up with them it was found that the particular road in question is listed as Japanese Cemetery Road and it has been recently maintained by the County from the Kaumana Drive intersection up to approximately 300 feet past the applicant’s driveway. In response to Commissioner Ono’s inquiry, Ms. Cottle noted that the applicant will not be required to make parking improvements as he will utilize the structure as a home occupation where he basically will be using a computer and his phone at home and meeting clients in town or on property his clients wish to purchase. The applicant, Edwin Lilley, said many companies are now looking for ways to control costs by using home offices and noted that he would not need to apply for a special permit if his property was zoned Residential. He said he does not see a need to have clients come to his residence as many of the documents they prepare are done electronically. He stated he has reviewed the Planning Department’s background report and recommendation and is fine with it. Kerri Marks spoke in support of the application. She noted her husband, a realtor for 16 years, had their home built around his home office but no one ever came to their home office. She agreed with the applicant that all their documents are done electronically now. It was moved by Commissioner Gonzales, seconded by Commissioner Ishibashi, that the application be approved as recommended by the Planning Director. Chairman Au felt the use was appropriate for the area and there were no major issues involved. Director Leithead Todd clarified that with zoning the applicant can use the property for any one of the listed uses in the zoning classification; however, under a special permit he can only use it for the exact uses permitted within the special permit. A roll call vote was taken and motion carried with four ayes (Gonzales, Ishibashi, Ono and Au) and one absent and excused (Moses). 2 UNFINISHED BUSINESS – 10:00 a.m. APPLICANT: PLANNING DIRECTOR INITIATED Continued 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 11:39 a.m. with approximately 16 people from the public in attendance. (SEE EXHIBIT C) RECESSED – The Chair called for a short recess at 12:34 p.m. RECONVENED – The Chair reconvened the meeting at 12:44 p.m. UNFINISHED BUSINESS – 12:00 p.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 12:44 p.m. with approximately 36 people from the public in attendance. (SEE EXHIBIT D) UNFINISHED BUSINESS – 1:30 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. At 2:29 p.m. with 3 people from the public in attendance, it was noted the Commission could not take this matter up as there was no quorum with the abstention of Commissioner Ishibashi and Commissioner Moses being absent. 3 Commissioner Ishibashi returned to the meeting at this time, 2:36 p.m. MINUTES – The Commission took up the following at 2:36 p.m. Approval of Minutes of the November 9, 2012 meeting – it was moved by Commissioner Ishibashi and seconded by Commission Ono that the minutes be approved. Motion was unanimously carried by a voice vote of all Commissioners in attendance. ADMINISTRATIVE MATTERS – The Commission took up the following simultaneously at this time, 2:37 p.m. 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 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 Chair stated these items will be continued as there was no quorum with the abstention of Commissioner Ishibashi and Commissioner Moses being absent. Election of Officers for 2013 – The Commission took this item up at 2:38 p.m. Dean Au was elected as Chairman for three months by a motion made by Commissioner Ishibashi, seconded by Commissioner Gonzales, and unanimously carried by a voice vote. Ronald Gonzales was elected as Vice Chairman by a motion made by Commissioner Ishibashi, seconded by Commissioner Ono, and unanimously carried by a voice vote. Status of applications heard by Windward Planning Commission that are pending before County Council – Mr. Arai noted that the County Council referred the Agricultural Tourism Bill back to the Council Planning Committee since there were substantial amendments proposed by the Council. ADJOURNMENT - There being no further business, at 2:39 p.m., it was moved by Commissioner Ono, seconded by Commissioner Gonzales, and unanimously carried by a voice vote. A T T E S T: Respectfully submitted, Dean Au, Chairman Pro Tem Sharon M. Nomura, Secretary Windward Planning Commission 4