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HomeMy WebLinkAbout2013-03-07 Windward Planning Commission Minutes WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES MARCH 7, 2013 The Windward Planning Commission met in regular session at 9:02 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, and Raylene Moses 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), Sarah Hata-Finley (Staff) 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: ROBERT AND RUBY KOBAYASHI (Amend SPP 1194) Request to amend Condition No. 2 (life of permit) of Special Permit No. 1194, which was approved by the Planning Commission on January 17, 2003 to allow the establishment of an auto repair shop on approximately 3,500 square feet of land within the State Land Use Agricultural District. The property is located at the northwest corner of the Keaau-Pahoa Road (Highway 130) and Ilima Street intersection, Orchidland Estates Subdivision, Keaau, Puna, Hawaii, TMK: 1-6-9:166. The Commission took this item up at 9:05 a.m. with approximately 12 people from the public in attendance. Mr. Darrow oriented the Commission and public of the subject and surrounding properties on the presentation map and site plan, and summarized the request. He said recent correspondence received into the record were from Dept. of Water Supply, DLNR, Land Division, Orchidland Community Association, applicant responding to Orchidland Community Association’s letter, Don Mende, and applicant submitting another letter. He stated the Planning Director is 1 recommending approval of a 10-year time extension rather than to delete Condition 2 in its entirety. The applicant’s representatives, Robert Kobayashi, Jr. and Kevin Lee, were in attendance. Mr. Robert Kobayashi, Jr. said their small community operation offers affordable rates, quality services, vehicle safety inspections and 24-hour surveillance 7 days a week, noting they are only one of two repairs shops in the Hawaiian Paradise Park, Ainaloa and Orchidland Subdivisions. He spoke of the need to have such businesses to take care of the needs of the community instead of having people drive all the way into Hilo, referring to the 2010 census bureau count of 22,314 residents in the Orchidland, Paradise Park, Pahoa, Ainaloa and Hawaiian Beaches areas which would increase throughout the years. He said they have had no formal complaints in the 25 years of doing business and noted their vehicle safety inspection service would alleviate the pressure for the DMV located 3 1/2/ miles away and also for their customers. He pointed out that they support locally owned vendors for their tools, etc. where money stays within the County, and added that this was a family-owned business where his cousin Kevin Lee is the head technician, his brother-in-law his assistant, and his dad the manager, overseer and figurehead. In response to the Chair’s inquiry, Mr. Kobayashi stated the applicant has read the Planning Department’s background report and agrees with the recommendation, with conditions. He said the Orchidland Community Association was supportive of only a 5-year extension because of their concern of additional traffic when they do road improvements. In his response to the Community Association’s concern, Mr. Kobayashi said there is a plan to purchase properties in the area to construct a 4-lane highway, with a biker easement and a median, but he was not sure on the status of that. He said he believes the Association is looking in the best interest of Orchidland residents but he did not know if they necessarily spoke for the whole community and district, noting they do not speak for him. In response to Commissioner Ishibashi’s inquiry on the disposal of unwanted oil, Mr. Lee said they do not do any oil changes or deal with fluids of that nature. For the Chair’s information, Mr. Lee said they sell ice for cooling purposes to people that live off the electrical grid. Mr. Kobayashi said they started making ice since the family did a lot of fishing and through interaction with people they provided ice as a service to the community, noting is was not a big economic venture. He noted that if this was a sticking point, the applicant will no longer provide this service. There was no one from the public signed up to testify on this application. It was moved by Commissioner Gonzales, and seconded by Commissioner Ishibashi, that a 10- year time extension be approved as recommended by the Planning Director. Chairman Au, who lives in the Puna District, spoke in support of the application, noting he wished there were more services such as this. Commissioners Gonzales and Ishibashi clarified that the motion includes the conditions as recommended by the Planning Director. A roll call vote was taken and motion carried with four ayes (Gonzales, Ishibashi, Moses, and Au) and one absent and excused (Ono). 2 UNFINISHED BUSINESS – 9:30 a.m. APPLICANT: JAS W. GLOVER, LTD. (SPP 12-145) Continued hearing on an application for a Special Permit to allow the establishment of a new quarry site on approximately 10.15 acres within a 140.368-acre property situated within the State Land Use Agricultural District. The project site is located east of the Hawaii National Guard Site and Hilo International Airport and approximately 3,800 feet west of the County's Sewer Treatment Plant Site at Honohono-nui, South Hilo, Hawaii, TMK: 2-1-13:Portion of 4. The Commission took this item up at 9:31 a.m. with approximately 30 people from the public in attendance. Mr. Darrow gave some background information and stated that the applicant, Planning Department, and State Land Use Commission have agreed to proceed with the application with the stipulation in Condition No. 2 that the applicant file a Special Permit application to establish quarry activities for the remainder of the 140.368-acre property identified as TMK: 2-1-013: 004. He indicated on the presentation map the location of the subject property, along with other special permits granted in the area. The applicant’s representative, Roy Vitousek, gave some background information on their attempts to resolve the issue regarding a special permit for the entire acreage and stated all parties have agree to allow the applicant to go forward with the 10.15-acre special permit provided the applicant apply for a special permit for the balance of the area. He thanked all parties in their attempts to resolve this problem. Mr. Vitousek agreed with the Planning Department’s Background and Recommendation. In response to the Chair’s inquiry, Mr. Vitousek said approving this special permit would allow the applicant to operate for two years, and would also allow the applicant time to obtain a permit for the balance of the parcel. In the absence of this, they would have to find some other place quickly, noting this is an area devoted to that use historically and there have been no adverse impacts from this area. He added that since the applicant has a lease on the total of 140 acres, much of which have already been quarried, the backup plan is to accelerate the application through the Land Use Commission or go through a contested case hearing with the Planning Commission, noting much of the work Glover does is roadway work primarily for the State and County. There was no one from the public wishing to testify on the application. It was moved by Commissioner Ishibashi and seconded by Commissioner Gonzales, that the application be approved as recommended by the Planning Director, with conditions. Motion carried with four ayes (Ishibashi, Gonzales, Moses and Au), and one absent and excused (Ono). RECESSED - The Chair called a short recess at 9:40 a.m. RECONVENED - The Chair reconvened the meeting at 9:51 a.m. 3 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 anticipates convening an executive meeting regarding the above matter, pursuant to Section 92-5(a)(4), Hawaii Revised Statutes, for the purpose of consulting with the Commission’s attorney on questions and issues pertaining to the Commission’s powers, duties, privileges, immunities, and liabilities. A 2/3 vote pursuant to Hawaii Revised Statutes, Section 92-4 and Planning Commission Rule 1-5(e) is necessary to hold an executive meeting. The Commission took this item up at 9:51 a.m. with approximately 12 people from the public in attendance. (SEE EXHIBIT A) MINUTES – At 12:07 p.m., the Commission took up the following minutes: Approval of Minutes of the February 10, 2013 meeting – It was moved by Commissioner Ishibashi and seconded by Commissioner Gonzales that the minutes be approved. Motion was unanimously carried by a voice vote of all Commissioners in attendance. ADMINISTRATIVE MATTERS – At 12:08 p.m. the Commission took up the following: 1.Status of applications heard by Windward Planning Commission that are pending before County Council – Mr. Arai had no report to provide on this item. 2.The Commission anticipates convening an executive meeting regarding agenda Item No. 3, pursuant to Section 92-5(a)(4), Hawaii Revised Statutes, for the purpose of consulting with the Commission’s attorney on questions and issues pertaining to the Commission’s powers, duties, privileges, immunities, and liabilities. A 2/3 vote pursuant to Hawaii Revised Statutes, Section 92-4 and Planning Commission Rule 1-5(e) is necessary to hold an executive meeting. – No executive session was called on this item. ANNOUNCEMENTS – Mr. Arai made the following announcements: April 2013 Meeting – Mr. Arai announced that the next meeting will have five items on the agenda. Upon Commissioner Gonzales’s inquiry, Mr. Arai said he will look into possibly th changing the April 4 meeting to another date because of the Merry Monarch Festival. He added that scheduled on the agenda is the election of officers for both the Chair and Vice-Chair, to which Chair Au suggested Wallace Ishibashi as Chair and Fred Gonzales as Vice Chair. Vacancies on the Windward Planning Commission – Mr. Arai noted that the Mayor submitted the names of Charles Heaukulani, Tiffany Edwards-Hunt and Myles Miyasato to fill the 4 vacancies on the Windward Planning Commission; however, Ms. Edwards-Hunt withdrew her nomination. He said that the Mayor subsequently submitted the name of Gregory Henkel, whose confirmation with the Council should be up shortly. Aloha - Chairman Au said it was a pleasure working on the Planning Commission for the past five years and bid a fond aloha to all. ADJOURNMENT - There being no further business, at 12:12 p.m., it was moved by Commissioner Gonzales and seconded by Commissioner Ishibashi that the meeting be adjourned. Motion was unanimously carried by a voice vote of all Commissioners in attendance. Respectfully submitted, Sharon M. Nomura, Secretary A T T E S T: Dean Au, Chairman Windward Planning Commission 5