The URL can be used to link to this page

Home My WebLink About2013-05-02 Windward Planning Commission Minutes WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES MAY 2, 2013 The Windward Planning Commission met in regular session at 9:00 a.m. in the County of Hawai‘i, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai‘i, with Chairman Wallace Ishibashi presiding. COMMISSIONERS PRESENT: Ronald Gonzales, Wallace Ishibashi, Myles Miyasato, Raylene Moses, Charles Heaukulani, and Gregory Henkel STAFF PRESENT: Ivan Torigoe (Deputy Corporation Counsel), B. J. Leithead Todd (Planning Director), Phyllis Fujimoto (Staff Planner), Jeff Darrow (Staff Planner), and Sharon Nomura (Secretary) ABSENT & 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: VISTA TOWERS LLC (USE 13-37) Application for a Use Permit to construct a wireless telecommunications facility consisting of a 150-foot tall monopole and related equipment on a 3,075 square-foot portion of a 3.81-acre parcel situated within the Agricultural-1-acre (A-1a) zoning district. The subject property, known as Māikoiko Park, is located at the end of South Māikoiko Street on the makai side of the street, Hawaiian Shores Subdivision, Puna, Hawai‘i, TMK: 1-5-106: portion of 001. The Commission took this item up at 9:04 a.m. with two people from the public in attendance. Mr. Darrow noted the applicant was not in attendance. He said the Planning Department requests that the hearing on this matter be continued to its July 11, 2013 meeting in light of the February 10, 2013 letter from US Department of Interior, Fish and Wildlife Service requesting the applicant conduct additional radar surveys to determine the number of birds that could potentially interact with the proposed telecommunication tower. James and Joseph McInerny, who submitted a Petition for Standing in a Contested Case Hearing, agreed to the continuance of the hearing, at which time their Petition for Standing will also be considered. There was no one from the public wishing to testify on this application. 1 th As there were no objections, the Chair stated the application will be rescheduled to the July 11 meeting. APPLICANT: 1366 KINOOLE PARTNERS, LLC (REZ 13-162) Application for a Change of Zone from Single-Family Residential-10,000 square feet (RS-10) to Neighborhood Commercial-20,000 square feet (CN-20) for approximately 5,202 square feet of land. The property is located on the south side of West Lanikāula Street approximately 240 feet from the Kino‘ole Street-West Lanikāula Street intersection, Waiākea, South Hilo, Hawai‘i, TMK: 2-2-025: Portion of 024 (formerly Parcel 032). The Commission took this item up at 9:07 a.m. with three people from the public in attendance. Mr. Darrow 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 favorable recommendation to the County Council with the condition that the applicant comply with the conditions of the original change of zone. The applicant’s representative, Thomas Yeh, said he and his partner purchased the subject property in 2000 and converted the existing dwelling into a law office. He said they subsequently acquired from the State of Hawai‘i a short 30-foot wide railroad remnant with no current plans to use it other than what would be associated with the law office. He clarified their change of zone application is to make the zoning consistent with the current zoning of the property. In response to Commissioner Heaukulani’s inquiries, Mr. Yeh said they were the first to purchase the 30-foot railroad remnant in the area, noting as a part of that process they consolidated their two lots. He added that the adjoining lot owner, Liberty Dialysis, subsequently purchased the 30-foot railroad remnant adjoining their lot for their parking and related landscaping requirements. Ms. Leithead Todd noted the applicant acquired the railroad remnant on March 8, 2011 from the State of Hawai‘i. There was no one from the public wishing to testify on the application. It was moved by Commissioner Moses and seconded by Commissioner Heaukulani to send a favorable recommendation to the County Council as recommended by the Planning Director with conditions. A roll call vote was taken and motion carried with six ayes (Moses, Heaukulani, Gonzales, Henkel, Miyasato, and Ishibashi) and one absent and excused (Ono). APPLICANT: TERRI J. DOLAN (SPP 13-149) Application for a Special Permit to allow a four (4) unit bed and breakfast operation and a gift shop within an existing single family dwelling located on a portion of a 29.4-acre property situated within the State Land Use District Agricultural District. The property, once the estate of the ranch manager for Kukaiau Ranch (presently Umikoa Ranch), is located at the mauka end of Kalapahapu‘u (formerly Mauna Kea Ranch) Road in Umikoa Village, approximately 4.4 miles from its intersection with the Hawai‘i Belt Road situated between the 34- and 35-mile markers, Koholalele, Hāmākua, Hawai’i, Tax Map Key: 4-2-008:040. 2 The Commission took this item up at 10:18 a.m. with two people from the public in attendance. Mr. Darrow 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. He said Condition 4 that the gift shop shall be operated for the sole benefit of the guests of the bed and breakfast operation was being proposed because of the concern of increased traffic,. The petitioner, Terri Dolan, said Kukaiau Ranch has been in existence since the late 1800s, and they purchased the 38-acre parcel and the ranch manager’s house constructed in the 1900s from the De Luz family. She said the bed and breakfast operation will be located within existing dwellings, the surrounding land will not be affected by the proposal, and the proposed use is ideal because it is a large estate. She stated she had no problems with the proposed conditions of the Planning Director. In response to Commissioner Gonzales’s inquiries, Ms. Dolan said they purchased the land this past October. She added that some of the 1100 head of cattle owned by the De Luz family currently roam on her property, but that is about to change since they are fencing their property and will be raising their own animals. There was no one from the public wishing to testify on the application. It was moved by Commissioner Moses and seconded by Commissioner Gonzales that the application be approved as recommended by the Planning Director, with conditions. A roll call vote was taken and motion carried with six ayes (Moses, Gonzales, Heaukulani, Henkel, Miyasato and Ishibashi) and one absent and excused (Ono). APPLICANT: CHRISTIAN SIEBER (SPP 10-100) Applicant’s request to revoke Special Permit No. 10-100, issued by the Windward Planning Commission on May 7, 2010, to allow the establishment of a two-bedroom bed and breakfast operation within an existing dwelling situated on 24,010 square feet of land within the State th Land Use Agricultural District. The property’s address is 18-1983 16 Street and is located th approximately 310 feet from the Mauna Kea Street – 16 Street intersection, Aloha Estates Subdivision, Olaa, Puna, Hawai‘i, TMK: 1-8-48:62. The Commission took this item up at 10:29 a.m. with approximately two people from the public in attendance. Mr. Darrow gave some background information. He noted the applicant did not give a reason for requesting revocation of the permit and the Planning Director is recommending that the Special Permit be revoked. He added that the applicant, who intended to be present today but unfortunately had to fly to Switzerland because his mother became ill, said he wanted the Commission to proceed with the hearing today. There was no one from the public wishing to testify on the application. 3 It was moved by Commissioner Gonzales and seconded by Commissioner Moses that Special Permit 10-100 be revoked. A roll call vote was taken and motion carried with six ayes (Gonzales, Moses, Heaukulani, Henkel, Miyasato and Ishibashi) and one absent and excused (Ono). MINUTES – At 10:32 a.m., the Commission took up the following: Approval of Minutes of the April 18, 2013 meeting - It was moved by Commissioner Gonzales, seconded by Commissioner Moses, and unanimously carried by a voice vote of all Commissioners in attendance that the minutes be approved. ADMINISTRATIVE MATTERS –At 10:33 a.m., the Commission took up the following: Status of applications heard by Windward Planning Commission that are pending before County Council.- Mr. Darrow noted that the contested case hearing by the Planning Commission will proceed as soon as the Finance Department approves the request for a hearings officer for the application of Connections New Century Public Charter School /CBESS (SPP 12-138). Mr. Torigoe said that regarding the appeal of Hu Honua’s SMA No. 221, the appellants filed opening thth brief on March 20 and he will be filing an answering brief on May 13, noting the oral hearing th before Honorable Judge Nakamura is June 14. ANNOUNCEMENTS – No announcements were made at this time, 10:34 a.m. ADJOURNMENT – There being no further business, at 10:35 a.m., it was moved by Commissioner Gonzales, seconded by Commissioner Moses, and unanimously carried by a voice vote of all Commissioners in attendance that the meeting be adjourned. Respectfully submitted, Sharon M. Nomura, Secretary A T T E S T: Wallace A. Ishibashi, Jr., Chairman Windward Planning Commission 4