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HomeMy WebLinkAbout2014-01-09 Windward Planning Commission Minutes WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES JANUARY 9, 2014 The Windward Planning Commission met in regular session at 9:10 a.m. in the County of Hawai‘i, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai‘i, with Vice Chairman Ronald Gonzales presiding. COMMISSIONERS PRESENT: Ronald Gonzales, Charles Heaukulani, Gregory Henkel, Myles Miyasato and Raylene Moses ABSENT AND EXCUSED: Wallace Ishibashi and Stephen Ono ALSO PRESENT: Margaret Masunaga (Deputy Corporation Counsel), Duane Kanuha (Planning Director), Daryn Arai (Planning Program Manager), Phyllis Fujimoto (Planner), Jeff Darrow (Planner), Maija Cottle (Planner), Sarah Hata-Finley (Commission Secretary) and Noriko Sauer (Commission Secretary) And approximately 24 people from the public in attendance. A quorum was present. Vice Chairman Gonzales called the meeting to order and introduced the Commissioners and staff to members of the public. STATEMENTS FROM THE PUBLIC – No statements were presented under this section of the agenda. NEW BUSINESS APPLICANT: HAWAIIAN ACRES COMMUNITY ASSOCIATION (SPP 845) Amendment to Special Permit No. 845 to allow additional uses within the community center, including a farmers market, and a one-year time extension to comply with Condition No. 4 (construction timeline of the community center and volunteer fire station). Special Permit No. 845 was originally approved to allow the establishment of a volunteer fire station, community center and related improvements situated on three (3) acres of land within the State Land Use Agricultural District. The property is located at the northeast corner of the intersection of Road 8 and Road C within the Hawaiian Acres Subdivision, Kea‘au, Puna, Hawai‘i, TMK: 1-6-052:002. The Commission took up this item at 9:11 a.m. with approximately 25 people from the public in attendance. (SEE EXHIBIT A) APPLICANT: EDWARD A. STAAK (USE 13-041) Request for revocation of Use Permit No. 13-041, which allowed 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 located within the Mauna Loa Estates Subdivision on the northwest 1 thth (mauka) side of 12 Street about 100 feet west of the 12 Street-Jade Avenue intersection, Volcano, Puna, Hawai‘i, TMK: 1-1-011:002. The Commission took up this item at 10:00 a.m. with approximately 26 people from the public in attendance. Ms. Cottle stated that this revocation request was being made because the applicant had elected not to proceed with the purchase of the subject property and the current property owner did not wish the Use Permit attached to her property. She noted that the Planning Director recommended that the Commission grant the request. The applicant was not in attendance. There was no one from the public wishing to testify in regard to this agenda item. It was moved by Commissioner Henkel and seconded by Commissioner Miyasato that the Commission approve the revocation of Use Permit No. 13-041. A roll call vote was taken and motion carried with five ayes (Henkel, Miyasato, Heaukulani, Moses and Gonzales) and two absent and excused (Ishibashi and Ono). APPLICANT: DAVID DE LUZ, SR. REVOCABLE TRUST (SMA 09-033) (formerly HO‘OLUANA PLACE) Request for revocation of Special Management Area (SMA) Use Permit No. 09-033 which allowed the development of a family entertainment center and retail complex to include a bowling alley, restaurants, sports bar, butcher shop, retail shops and related improvements. The property is located at the corner of Kekūanāo‘a Avenue and Mililani Street and adjacent to the Waiākea Villas complex, Waiākea, South Hilo, Hawai‘i, TMK: 2-2-030:017 & 019. The Commission took up this item at 10:03 a.m. with approximately 20 people from the public in attendance. Ms. Cottle stated that the applicant was requesting the revocation of this permit because they as the current owner were developing a different plan for the property. She noted that the Planning Director supported the request. The applicant was not in attendance. There was no one from the public wishing to testify in regard to this agenda item. It was moved by Commissioner Henkel and seconded by Commissioner Miyasato that the Commission approve the revocation of Special Management Area Use Permit No. 09-033. A roll call vote was taken and motion carried with five ayes (Henkel, Miyasato, Heaukulani, Moses and Gonzales) and two absent and excused (Ishibashi and Ono). Mr. Arai requested that the Commission defer Agenda Item No. 4 and take up Agenda Item Nos. 5 and 6 together at this time to accommodate Mayor Kenoi’s schedule so that he could testify on those items. It was moved by Commissioner Miyasato and seconded by Commissioner Henkel that the Commission take Agenda Item Nos. 5 and 6 out of order. Motion was unanimously carried by a voice vote of all Commissioners in attendance. 2 General update/overview of the Geothermal Public Health Assessment dated September 9, 2013, prepared on behalf of The Geothermal Public Health Assessment Study Group, and its findings and recommendations. Discussion regarding selection of a professional claims adjuster in accordance with Rule 12-5 of the Planning Commission Rules of Practice and Procedure regarding the Geothermal Asset Fund in anticipation of the filing of claims by the Office of the Mayor for the release of funds from the Geothermal Asset Fund for the following community approved geothermal impact mitigation projects Air Quality Monitoring Equipment Purchases - $180,000 a. New fixed and hand held air quality monitors to be purchased by Hawaii County Civil Defense to improve emergency response to geothermal events and to provide community members with hand held monitors, on a pilot basis. Ground Water Sampling in the Kilauea East Rift - $45,000 b. Contract with USGS to conduct ground water sampling of existing wells and selected warm ponds along the Lower Puna coast to test for the presence of chemicals used in the geothermal energy process that might have mixed with ground water in the region. The study follows up a 1994 Study by USGS and addresses a specific recommendation in the study group’s report to conduct such studies. Meta-Analysis of Health Effects of Low to Moderate H2S Exposure; John A Burns School c. of Medicine - $55,000 The study will synthesize results of available published studies on the impacts of low to moderate exposures of H2S from geothermal and other sources globally. The report will highlight consistent research findings using independent biostatisticians and epidemiologist and lay the ground work for future health studies in the Puna Region. Comparative Analysis of Hospitalization and Emergency Department visits for Puna d. Residents; John A. Burns School of Medicine - $27,500 The study will investigate whether the residents who live in proximity of the Puna geothermal plant are more likely to experience negative health impacts based on existing health data on all payers and all visits to local medical facilities. Data will be drawn from the Hawaii Health Information Corporation databases and compare Puna data with control data in other Hawaii communities. Enhanced Level 1 Environmental Site Assessment on former HGP-A brine water pond e. sites - $25,000 Study would collect existing environmental data and conduct soil sampling from the former brine pond sites to analyze for the presence of any hazardous materials that may be in the ground as a result of the early years of geothermal development. The Commission took up these items simultaneously at 10:07 a.m. with approximately 23 people from the public in attendance. (SEE EXHIBIT B) INITIATOR: PLANNINGDIRECTOR Amendment to Chapter 25, Article 4, Division 5 and Article 7, Division 2 of the Hawai‘i County Code 1983, (2005 Edition, as amended), relating to increased residential density, including parking requirements, within CDH, Downtown Hilo Commercial District. The purpose of this ordinance is to rectify an unintended revision to Section 25-4-51 of the Hawai‘i County Code where the enactment of Ordinance No. 13-95 inadvertently repealed amendments to Section 25-4-51 3 contained in Ordinance No. 12-91 regarding funeral homes, funeral services, mortuaries and crematoriums. This draft bill restores the provisions of Ordinance No. 12-91. The Commission took up this item at 11:49 a.m. with one person from the public in attendance. Mr. Arai presented brief background information, and said that the proposed amendment was to correct an inadvertent error in a recently enacted ordinance and put this section of the Hawai‘i County Code in order. It was moved by Commissioner Henkel and seconded by Commissioner Miyasato that the Commission send a favorable recommendation to the County Council regarding the proposed bill. A roll call vote was taken and motion carried with five ayes (Henkel, Miyasato, Heaukulani, Moses and Gonzales) and two absent and excused (Ishibashi and Ono). MINUTES – The Commission took up the following minutes at 11:52 a.m.: November 7, 2013 and December 5, 2013 – It was moved by Commissioner Miyasato and seconded by Commissioner Henkel that both minutes be approved as submitted. Motion was unanimously carried by a voice vote of all Commissioners in attendance. ADMINISTRATIVE MATTERS Status of applications heard by Windward Planning Commission that are pending before County Council – Staff had nothing to report regarding this matter. Status of Contested Case Proceedings for Connections New Century Public Charter School/CBESS Special Permit Application No. 12-000138 (SPP-12-138) – Mr. Arai reported that the parties had agreed to mediation at the January 8, 2014, hearing, which led to a continuance of the contested case proceeding. He further reported that the mediation would take place the following Monday, and that its outcome might affect the continued contested case proceeding, which should be scheduled shortly. ANNOUNCEMENTS – Mr. Darrow announced that the next meeting was scheduled for February 6, 2014, with tentatively seven items on the agenda. ADJOURNMENT – There being no further business, at 11:55 a.m., it was moved by Commissioner Miyasato and seconded by Commissioner Moses that the meeting be adjourned. The motion was unanimously carried by a voice vote of all Commissioners in attendance. Respectfully submitted, A T T E S T: Noriko Sauer, Secretary Ronald Gonzales, Vice Chairperson Windward Planning Commission 4