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HomeMy WebLinkAbout2013-10-3 Windward Planning Commission Minutes WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES OCTOBER 3, 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: Wallace Ishibashi, Ronald Gonzales, Charles Heaukulani, Gregory Henkel, Myles Miyasato, and Raylene Moses STAFF PRESENT: Margaret Masunaga (Deputy Corporation Counsel), Duane Kanuha (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. APPLICANT: HAWAIIAN BREWERY DEVELOPMENT CO., INC. (SPP 842) Amendment to Condition No. 5 (complete construction) of Special Permit No. 842, which allowed the development of a brewery, water and soft drink bottling facility on 14.587 acres of land situated within the State Land Use Agricultural District. The property is located east of Highway 11 (Volcano Highway) and north of Highway 130 (Kea‘au-Pāhoa Highway), Kea‘au, Puna, Hawai‘i, TMK: 1-6-141: 1, 24, 27 and 28. The Commission took this item up at 9:05 a.m. with 13 people from the public in attendance. Mr. Arai oriented the Commission and public of the subject and surrounding properties on the location map and site plan, summarized the request, which included a distillery as part of the descriptive uses permitted under the special permit, and stated parcel 1 should be included in the amendment as it was part of the original special permit. He then noted the Planning Director recommended approval of the application, with conditions. The applicant’s representatives, Marcus Bender and Sidney Fuke, were in attendance. Mr. Fuke stated Mr. Bender has a lot of experience in the beverage industry as one of the founders of bottled water and high end vodka companies, and that the applicant agrees with the proposed conditions as amended. He explained that Mr. Bender had been unsuccessful in 1 developing the remaining areas of the project largely because of the economy, however now feels because the land was subdivided from 7 acres to three 2-acre parcels the property is now more marketable. He said he has received some interests in doing soju and sake using local products. There was no one from the public wishing to testify on the application. It was moved by Commissioner Gonzales, seconded by Commissioner Moses, 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 (Gonzales, Moses, Heaukulani, Henkel, Miyasato and Ishibashi) and one absent and excused (Ono). . APPLICANT: COCONUT COTTAGE BED AND BREAKFAST (SPP 753) Amendment to Special Permit No. 753 to increase the number of permitted bed and breakfast bedrooms units from one (1) bedroom unit to four (4) bedroom units. Special Permit No. 753 was originally approved to allow the establishment of a one (1)-bedroom bed and breakfast operation within an existing dwelling situated on one acre of land within the State Land Use Agricultural District. The property is located along the south side of Leilani Avenue, one lot west of the Leilani Avenue-Kumukahi Street intersection within the Leilani Estates Subdivision, Keahialaka, Puna, Hawai‘i, TMK: 1-3-015:002. The Commission took this item up at 9:19 a.m. with 11 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. The applicant’s representative, Catherine Sedak, and the manager, Jamie Juarez, were in attendance. In answer to the Commission’s inquiry, Ms. Sedak answered for Jerry B. Cooksey who was on the other end of the phone that he was aware and in agreement with the proposed conditions. There was no one from the public wishing to testify on the application. It was moved by Commissioner Henkel and seconded by Commissioner Miyasato that the amendment be approved as recommended by the Planning Director with conditions. A roll call vote was taken and motion carried with six ayes (Henkel, Miyasato, Gonzales, Heaukulani, Moses and Ishibashi) and one absent and excused (Ono). APPLICANT: CARNOR J. SUMIDA (SPP-08-053) Request for a 10-year extension of time to Condition No. 2 (life of permit) of Special Permit No. 08-053, which allowed the establishment of a baseyard for trucks and trailers on 0.9-acre of land situated within the State Land Use Agricultural District. The property is located between rd Highway 130 (Kea‘au-Pāhoa Road) and 33 Avenue in Hawaiian Paradise Park Subdivision, Kea‘au, Puna, Hawai‘i, TMK: 1-5-016:072. 2 The Commission took this item up at 9:28 a.m. with 6 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, and summarized the request. She said the Planning Director recommended approval of the application with conditions, including the condition that signs not be visible from Highway 130, and added that a correspondence from the Department of Water Supply was received into the record. The applicant, Carnor Sumida, and his attorney, Sandra Song, were in attendance. Ms. Song said the applicant, who has been operating for a long time, requested he be allowed to have a sign along Route 130 that would comply with the County’s sign ordinance, noting the original permit approved in 2008 did not have this restriction. Ms. Song said the applicant agrees with the condition requiring landscaping along Route 130. She noted the 1-foot high plants are now 5 to 10 feet high, and the corner of the property where the plants kept dying and are now planted with larger plants that hopefully will survive. He said the area on the Hilo side is not planted in trees as he has an agreement with his neighbor to watch out for each other’s property in cases of vandalism, noting it would also provide better air flow. For Commissioner Gonzales’s information, Ms. Song said the applicant has taken down the temporary sign, and there are other signs along Highway 130, noting one person has a big advertisement and phone number on his truck parked near the highway. Regarding signage, Ms. Masunaga said the Department of Public Works upon receiving a complaint investigates to see if there is a violation. Ms. Song said a permanent sign requires a permit application to be submitted and approved by the Department of Public Works, which her client is willing to obtain. Ms. Cottle said this is the only area along the stretch of Highway 130 that does have some light industrial uses or uses other than farm dwelling and the Commission has to decide whether they want this stretch of Highway 130 to have signs for these businesses or keep this portion of Highway 130 more consistent with the surrounding agricultural lands. Ms. Cottle added that if the Commission decides to allow signage on Highway 130, then should the two other landowners of special permits in this area come in to extend the life of their permits in the future, the Department would probably remove that condition from their permits to be consistent. Ms. Song said that the Hawai‘i Island Humane Society, the Credit Union, Greenhouse Specialists, Keaau High School all have signages along Highway 130, although the area is designated for agriculture; and she added that there have been discussions about rezoning rd the strip of land along 33 and Maku‘u to light industrial. It was moved by Commissioner Henkel and seconded by Commissioner Gonzales that the amendment to Special Permit No.08-053 be approved with the deletion of proposed Condition 5 on signage, because the County already has sign ordinance. A roll call vote was taken and motion carried with six ayes (Henkel, Gonzales, Heaukulani with reservations, Miyasato, Moses, and Ishibashi) and one absent and excused (Ono). 3 NEW BUSINESS – 9:30 a.m. APPLICANT: JON R. BOLNER (REZ 13-168) Application for a Change of Zone from an Agricultural-20 acre (A-20a) to a Agricultural 5-acre (A-5a) zoning district for approximately 10.17 acres of land. The subject property is located on the makai side of the Old Māmalahoa Highway between the 25 and 26 mile marker, Waipunalei Homesteads, Waipunalei, North Hilo, Hawai‘i, TMK: 3-6-005: 003. The Commission took this item up at 9:47 a.m. with 13 people from the public in attendance. Mr. Arai 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 on the change of zone application to the County Council, with conditions. The applicant, Jon Bolner, and his attorney, Thomas Yeh, were in attendance. Mr. Yeh gave some background information. He noted there is Ag-10 in the vicinity but also a lot of smaller lots, some nonconforming. He gave some background information of the Bolner family where the senior Bolner came over in 1908 from Portugal and ended up living and farming on the land. He said the applicant and the co-owner, Elaine Powers who was in the audience, wishes to keep the property in the family that has long-standing ties to the property. He said they are in agreement with the conditions proposed by the staff. There was no one from the public wishing to testify on the application. It was moved by Commissioner Moses and seconded by Commissioner Gonzales to send a favorable recommendation to the County Council based on the Planning Director’s recommendation and proposed conditions. There was no discussion on the motion. 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). RECESSED – The Chair called a short recess at 9:55 a.m. RECONVENED – The Chair reconvened the meeting at 10:00 a.m. APPLICANT: VINCENT T.C. TAI (REZ 13-167) Application for a Change of Zone from a Multiple-Family Residential–2,500 square feet (RM- 2.5) to a Multiple-Family Residential–1,500 square feet (RM-1.5) zoning district for approximately 3.292 acres of land. The subject property is located at the end of Hualālai Street, just west of the Hualālai Street/Hale Nani Street intersection, Waiākea, South Hilo, Hawai‘i, TMK: 2-4-028:009. The Commission took this item up at 10:00 a.m. with 12 people from the public in attendance. (SEE EXHIBIT A) 4 APPLICANT: MICHELLE A. MITCHELL (USE 13-042) Application for a Use Permit to allow the establishment of a medical clinic and accessory uses on 1.278 acres of land situated within the Multiple-Family Residential (RM-5.5) zoning district. The subject property is located on the south side of Ponahawai Street approximately 600 feet east of its intersection with Komohana Street, Ponahawai, South Hilo, Hawai‘i, TMK: 2-3-037:015. The Commission took this item up at 11:16 a.m. with 8 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, with conditions as amended. He noted that a letter of support was received from Frederick Nitta, an adjoining property owner. The applicant, Michelle A. Mitchell, her attorney, Thomas Yeh, and the Manager for the development, Tom Belcher, were in attendance. Mr. Yeh said that Dr. Mitchell will play an important part in boosting the availability of physicians on the island, noting the shortage of physicians affecting the level of health care available to residents, which will probably keep increasing. Dr. Mitchell said she is trying to provide space for physicians coming out of residency who want to be on the Big Island but face the difficulty of opening up a practice because they do not have sufficient funds, or unable to get a bank loan, and/or have no business training. She noted she completed her residency five years ago as a primary care physician and had always wanted to practice in a rural community that needed physicians, noting she has hired another physician to help her. She said a study released last year showed that there is a shortage of over 600 physicians in Hawai‘i, noting that the study significantly underestimates the shortage because it was done by only looking at the licensure of physicians. She added there was another study showing that from the time of the initial study done a couple of years ago they will lose 1/3 of the physicians within five years, which she was trying hard to find a way to mitigate that. She said the residency program being assisted by the Legislature and Hilo Medical Center will provide trained doctors but they will then need a place for them establish themselves. Mr. Yeh added that it made sense to establish the facility in this area because of the existing infrastructure. Mr. Ishibashi thanked the applicant for undertaking this very much needed project, especially in the field of mental health. He agreed it is very challenging to recruit physicians and noted the key focus for this project is to take care of the community. There was no one from the public wishing to testify on the application. It was moved by Commissioner Gonzales, and seconded by Commissioner Moses, that the application be approved as recommended by the Planning Director with conditions, and Condition No. 13 amended to read, “If the applicant should require an extension of time for Condition No. 4, the Planning Department shall submit the applicant's request to the Planning Commission for appropriate action.” A roll call vote was taken and motion carried with six ayes 5 (Gonzales, Moses, Heaukulani, Henkel, Miyasato and Ishibashi) and one absent and excused (Ono). Chairman Ishibashi at this time turned the meeting over to Vice-Chairman Gonzales and stated he was recusing himself from the next item on the agenda. NEWBUSINESS – 10:30 a.m. APPLICANT: HU HONUA BIOENERGY LLC (SMA 221) Discussion and action on the Third Circuit Court’s Order of Partial Remand to County of Hawai‘i Windward Planning Commission for Supplemental Proceedings filed August 27, 2013, for the narrow purpose of the Windward Planning Commission clarifying Condition Nos. 11 and 12 of its June 7, 2011 Decision and Order approving an amendment to Special Management Area Use Permit No. 221, which originally allowed the establishment of a coal storage area and a coal burning energy plant and related improvements. The approved amendment request allowed a change in fuel source from coal to biomass, to upgrade the existing facility and to construct support facilities and infrastructure at the former Pepe‘ekeō Power Plant, Makahanaloa, South Hilo, Hawai‘i, TMK: 2-8-8:104 (formerly 2-8-7: Portion of 53). 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 11:32 a.m. with 13 people from the public in attendance. (SEE EXHIBIT B) MINUTES – The Commission took up the following minutes at 12:32 p.m. Approval of Minutes of the August 1, 2013 meeting – It was moved by Commissioner Gonzales, and seconded by Commissioner Moses, that the minutes be approved as circulated. Motion was unanimously carried by a voice vote of all Commissioners in attendance. ADMINISTRATIVE MATTERS – At 12:33 p.m., the Commission took up the following under administrative matters: 1.Status of applications heard by Windward Planning Commission that are pending before County Council –Mr. Arai reported that the Planning Committee of the Hawai‘i County Council yesterday forwarded a favorable recommendation to the Council on the Planning Director initiated University of Hawai‘i rezoning application (REZ 13-166), noting a concern raised was the deletion of the 80-foot right-of-way as shown on the Hilo zone map. He said the Planning Committee also forwarded a favorable recommendation to the Council on Vince Kimura’s change of zone application (REZ 1018). 6 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 said th October 4 is the deadline to submit their exhibit and witness lists. ANNOUNCEMENTS – Staff announced the next meeting is scheduled for November 7, 2013. ADJOURNMENT – There being no further business, at 12:34 p.m., it was moved by Commissioner Gonzales, and seconded by Commissioner Moses, 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: Wallace Ishibashi, Chairman Windward Planning Commission 7