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HomeMy WebLinkAbout2013-08-01 Windward Planning Commission Minutes WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES AUGUST 1, 2013 The Windward Planning Commission met in regular session at 9:04 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: Wallace Ishibashi, Ronald Gonzales, Charles Heaukulani, Gregory Henkel, Myles Miyasato, Raylene Moses, and Stephen Ono STAFF PRESENT: Margaret Masunaga (Deputy Corporation Counsel), Duane Kanuha (Planning Director), Daryn Arai (Planning Program Manager), Phyllis Fujimoto (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: EDWARD STAAK (USE 13-041) Application for a Use Permit to allow the establishment of a two-bedroom bed and breakfast operation within an existing three-bedroom dwelling situated on approximately 20,000 square feet of land within the Single-Family Residential (RS-20) zoning district. The property is th located within the Mauna Loa Estates Subdivision on the northwest (mauka) side of 12 Street th about 100 feet west of the 12 Street-Jade Avenue intersection, Volcano, Puna, Hawai‘i, TMK: 1-1-011:002. The Commission took this item up at 9:06 a.m. with eight 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. In response to Commissioner Ono’s inquiry, Ms. Cottle indicated on the site plan the location of the proposed parking areas, noting two parking spaces are required for the single family residential use and two for each of the bed and breakfast use. The applicant’s representative, Dawn Lambert Garlich, said there is ample parking on the property if additional parking is needed on the easement fronting the property and that she had no problems with the proposed conditions. With regard to proposed Condition No. 2, Ms. Garlich said they will remedy the yard encroachment by removing the spa pavilion from the rear and side yard setback as quickly as possible. She added that the real estate agent, Pat Halpern, received two proposals for its removal; however, the matter has been held up a little since the current owner has now come forward and said she has someone on Maui she wants to assess the situation. There was no one from the public wishing to testify on the application. It was moved by Commissioner Gonzales and seconded by Commissioner Miyasato that the application be approved as recommended by the Planning Director with conditions. A roll call vote was taken and motion carried with seven aye votes (Gonzales, Miyasato, Heaukulani, Henkel, Moses, Ono and Ishibashi). APPLICANTS: GARVIN AND LAURA GOODE (SPP-13-151) Application for a Special Permit to allow the establishment of a three (3) unit bed and breakfast operation and a certified kitchen within an existing single family dwelling located on a portion of a 7.684-acre parcel of land situated within the State Land Use Agricultural District. The property is located at the northwest corner of State Highway 19 and Kalaoa Camp Road, adjacent to and south of Auku‘u Stream, Kalaoa, South Hilo, Hawai‘i, TMK: 2-7-008: portion of 130. The Commission took this item up at 9:18 a.m. with ten 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 stated the Department has received letters of support from M. Kobayashi and Vivian Mauden. In response to Commissioner Ono’s inquiry, Mr. Arai said meals and up to ten people, including the owner and operator or family member, are allowed for vacation rentals; and meals, except for continental breakfasts, are not allowed and a single-family dwelling is limited to one family or five unrelated people. He added that the County does not require a special permit or use permit for vacation rentals. The applicant, Laura Goode, said they currently have a lot of friends and family members who stay in their rooms and they also do vacation rentals, noting they do vacation rentals through the B&B site because there is no kitchen. She explained their proposal on the site plan and clarified that breakfasts will be served outside on the lanai of each guest room. I response to Commissioner Miyasato’s inquiry, Ms. Goode said she did have a chance to review and had no problems with any of the proposed conditions. 2 There was no one from the public wishing to testify on the application. Mr. Darrow clarified for Mr. Ono that the difference between a certified kitchen and residential kitchen is the Department of Health regulates the certified kitchen and it cannot be used by the occupants of the house. He added if two kitchens are proposed, the Planning Department considers it like a duplex; and; therefore, the applicant would have to go through a special permit process to allow the use. It was moved by Commissioner Moses and seconded by Commissioner Gonzales that the application be approved based on the Planning Director’s recommendation and proposed conditions. A roll call vote was taken and motion carried with seven ayes (Moses, Gonzales, Heaukulani, Henkel, Miyasato, Ono and Ishibashi). NEW BUSINESS – 9:30 a.m. APPLICANT: HUI O MANA, LLC dba AHU LANI SANCTUARY (SPP 13-152) Application for a Special Permit to allow the establishment of an agricultural tourism and health and wellness tourism business to include overnight accommodations on a 3.167-acre area situated within the State Land Use Agricultural District. The property is located between Waikā‘alulu Road and Kalōpā Gulch, approximately four (4) miles mauka of State Highway 19 at the 40-mile marker, 44-5350 Waikā‘alulu Road, Ka‘apahu, Hamakua, Hawai‘i, Tax Map Key: 4-4-013: portion of 10. The Commission took this item up at 9:37 a.m. with ten people from the public in attendance. Mr. Darrow noted that the applicant in a July 16, 2013 email has withdrawn this special permit application. APPLICANT: B.T. KUWAHARA, LLC (SLU 12-033/REZ 12-155) Applications for a State Land Use Boundary Amendment from Agricultural to Urban and a Change of Zone from Agricultural – 1 acre (A-1a) to Village Commercial - 10,000 square feet (CV-10) for approximately 9.93 acres of land. The property is the location of Bryson’s Cinders and is located west of Pāhoa Village Road, just south of the Pāhoa Village Road-Kahakai Blvd intersection, Pāhoa, Puna, Hawai‘i, TMK Nos.: 1-5-007:006, 069, 070. The Commission took this item up at 9:38 a.m. with sixteen people from the public in attendance. (SEE EXHIBIT A) RECESSED – The Chair recessed the meeting at 10:12 a.m. RECONVENED – The Chair reconvened the meeting at 10:19 a.m. 3 NEW BUSINESS – 10:00 a.m. APPLICANT: VINCE M. KIMURA (formerly HAKS, INC.) (REZ 1018) Request for a 5-year time extension to Condition C (time to complete construction) of Change of Zone Ordinance No. 03-109, which changed the district classification for 45,000 square feet of land from Single Family Residential (RS-10) to Industrial-Commercial Mixed (MCX-20). The project site is located in Waiākea House Lots, on the northwest corner of Kāwili Street-Laukapu Street intersection, Waiākea, South Hilo, Hawai‘i, TMK: 2-2-50:37 & 38. The Commission took this item up at 10:19 a.m. with nine people from the public in attendance. Mr. Darrow said the Commission in June sent a favorable recommendation to the County Council; however, the Department felt it was appropriate to bring this matter back to the Commission because of some inadvertent errors in the proposed conditions. He 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’s favorable recommendation to the Council with conditions. There was no one from the public wishing to testify on the application. It was moved by Commissioner Gonzales and seconded by Commissioner Ono 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 seven ayes (Gonzales, Ono, Heaukulani, Henkel, Miyasato, Moses and Miyasato). INITIATOR: PLANNING DIRECTOR (REZ-13-166) Change of Zone from an Agricultural-1 acre (A-1a) and Single-Family Residential–10,000 square feet (RS-10) zoning districts to a University (UNV) zoning district for approximately 312 acres of land that currently accommodates the main campus of the University of Hawai‘i at Hilo, its University Park of Science and Technology complex, as well as immediately surrounding lands under the management of the University of Hawai‘i. Also included is the deletion of the proposed 80-foot wide right-of-way connecting Komohana Street and Kumukoa Street as shown on the City of Hilo Zone Map. The affected properties are generally bordered by Komohana, Mohouli, Kumukoa, Lanikāula, Kapi‘olani, Kāwili and Puainako Streets, Waiākea, South Hilo, Hawai‘i, TMK: 2-4-001: 005, 007, 019 (por), 041, 162, 163, 167 and 2-4-056: 017. The Commission took this item up at 10:25 a.m. with ten people from the public in attendance. (SEE EXHIBIT B) – MINUTESThe Commission took up the following at 11:25 a.m. Approval of Minutes of the July 11, 2013 meeting – It was moved by Commissioner Miyasato and seconded by Commissioner Gonzales that the minutes be approved. Motion was unanimously carried by a voice vote of all Commissioners in attendance. 4 ADMINISTRATIVE MATTERS – The Commission took up the following at 11:26 a.m. 1.Status of applications heard by Windward Planning Commission that are pending before County Council – Mr. Arai did not have any updated reports to present to the Commission. 2.Status of Contested Case proceedings for Connections New Century Public Charter School/CBESS Special Permit Application No. 12-000138 (SPP-12-138) – Mr. Arai noted that Hearing Officer Sandra Song will be scheduling a prehearing conference for all the parties to set the hearing dates, determine the scope of the hearings, etc. ANNOUNCEMENTS – The following announcements were made at this time, 11:27 a.m. th Next Meeting - Mr. Arai said the next meeting is tentatively scheduled for September 5 (meeting subsequently cancelled). HCPO – Mr. Arai announced that the Hawai‘i Congress of Officials Conference is set for September 18-20, 2013 and asked those interested to please inform him of their attendance. Connections New Century Public Charter School/CBESS Special Permit Application No. 12-000138 (SPP-12-138) - Commissioner Ono requested an executive session, raising the question why the Commission hired a hearings officer when the Commission’s role was advisory to the County Council. Mr. Arai clarified that the applicant is requesting a Special Permit of which the Commission is the final body and not advisory to the Council. Ms. Masunaga said as this was not an agendized item, the Commission could request the Chair to schedule it for a future meeting, to which Commissioner Ono stated he would not be present for the next two meetings. The Chair called a short recess at 11:31 a.m. and the Chair reconvened the meeting at 11:35 p.m. The Chair stated that because this was not an agenda item, a motion would have to be made and passed by a majority vote of all members in attendance. Mr. Arai pointed out that even though it is not listed as a specific agenda item today it does state that the Commission will consider the status of this application, clarifying that the executive session would be to consult with their attorney regarding the matter of Connections New Public Charter School/CBESS special permit application. It was then moved by Commissioner Ono and seconded by Commissioner Moses that the Commission go into executive session to address Item No. 2 under administrative matters. There was no discussion. A roll call vote was taken and motion carried with six ayes (Ono, Moses, Gonzales, Henkel, Miyasato and Ishibashi) and one no (Heaukulani). A short recess was called at 11:37 a.m. and the Chair reconvened the meeting at 11:42 a.m. The Commission decided to retake a vote on the motion for an executive session after Commissioner Henkel disclosed that he is an employee of the school as a program specialist in their makery program. Commissioner Henkel stated he would like to participate in the executive session and stated he felt he could act in an impartial manner. Ms. Masunaga opined Commissioner Henkel should recuse himself from participating in this matter as he is an employee of the school and he has a direct financial benefit if the application is approved. Commissioner Henkel felt his disclosure was similar to the disclosure Chair Ishibashi made regarding the University rezoning on today’s agenda, adding his vote on the executive 5 session would have been different had he known he could not participate in the executive session. Ms. Masunaga said she felt Commissioner Henkel could vote on whether there should be an executive session but it was up to the Commission to decide whether Commissioner Henkel could participate in the matter. Chair Ishibashi noted that Commissioner Henkel has not been involved in the proceedings thus far regarding the application. Mr. Arai suggested Commissioner Henkel recuse himself now regarding holding an executive session if he feels he will recuse himself when the special permit comes back before the Planning Commission. Commissioner Ono felt it didn’t matter whether Commissioner Henkel recused himself or not for the executive session as the executive session was just to clarify the role of the Planning Commission with regard to the contested case hearing, adding that he would like Mr. Arai’s presence during the executive session since he did need some clarification on several matters. Chair Ishibashi noted that he recused himself from the Hu Honua contested case proceedings because of a labor issue and his involvement with energy in the community, even though he was not employed by the applicant. He noted Commissioner Henkel’s future participation may or may jeopardize the proceedings done thus far. In response to inquiry posed by Commissioner Moses, Mr. Arai said the Commission felt Chair Ishibashi could be fair and impartial because although he is employed by the University his official capacity has to do with the Mauna Kea Management Office and nothing to do with the university campus. He then said what needs to be considered is whether there will be a direct financial benefit to Commissioner Henkel from the action on the special permit to establish the campus in Kaumana. He stated for the record he was just pointing out things the Commission should consider, and that he was not leading the Commission in any way. Commissioner Moses said after listening to the discussion she felt Commissioner Henkel should recuse himself. She later noted that when she first came on the Commission she recused herself from participation when the company she was just employed by came before the Commission for a permit. She said regardless whether she felt she could be impartial, in light of public perception and possibly opening up the Commission to liability or anything else that could result in her participation, she recused herself. Ms. Masunaga commented that she felt there was more of a nexus between Commissioner Henkel’s position and the school than Commissioner Ishibashi’s disclosure for the University Rezoning, noting the comment by Commissioner Moses. Commissioner Henkel said he will recuse himself based on the Deputy Corporation Counsel’s opinion. It was then moved by Commissioner Ono and seconded by Commission Moses that the Commission enter into an executive session. A roll call vote was taken and motion did not carry with three ayes (Ono, Moses, and Ishibashi) and three noes (Gonzales, Heaukulani, and Miyasato). 6 ADJOURNMENT – There being no further business, at 11:58 a.m., the Chair declared the meeting adjourned. Respectfully submitted, Sharon M. Nomura, Secretary A T T E S T: Wallace Ishibashi, Chairman Windward Planning Commission 7