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Home My WebLink About2014-04-03 Windward Planning Commission Minutes WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES APRIL 3, 2014 The Windward Planning Commission met in regular session at 9:05 a.m. in the County of Hawai‘i, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai‘i, with Chairman Ronald Gonzales presiding. COMMISSIONERS PRESENT: Ronald Gonzales, Charles Heaukulani, Gregory Henkel, Wallace A. Ishibashi, Jr., Myles Miyasato, Raylene Moses, and Stephen Ono (from 9:06 a.m). ALSO PRESENT: Duane Kanuha (Planning Director), Margaret Masunaga (Deputy Corporation Counsel for the Windward Planning Commission), William Brilhante (Deputy Corporation Counsel for the Planning Director, from 9:18 a.m.), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner), Maija Cottle (Staff Planner), and Sarah Hata-Finley (Secretary). A quorum was present. Chairman Gonzales introduced staff and Windward Planning Commissioners to members of the public. STATEMENTS FROM THE PUBLIC – No statements were presented under this section of the agenda. APPLICANT: 130 HOLDINGS LLC (Amend SPP 870) Amendments to Special Permit No. 870, which allowed the establishment of the Orchidland Trade Center on 2.311 acres of land situated within the State Land Use Agricultural District. The request seeks various amendments to Condition Nos. 2 (time to complete construction), 3 (design guidelines), 4 (water storage), 5 (access), 6 (intersection improvements), and 7 (hours of operation). The property is located within the Orchidland Estates Subdivision on the th northwest corner of Orchidland Drive and 34 Street, Orchidland Estates, Kea‘au, Puna, Hawai‘i, TMK: 1-6-10: 83. The Commission took this item up at 9:05 a.m. with 19 people from the public in attendance. (SEE EXHIBIT A) This item ended at 9:55 a.m. APPLICANT: ASHLIN JARVIS (formerly CHARLES WITTIG) (Amend SPP 361) Amendment to Special Permit No. 361, which allowed the expansion of an antique store on 8,337 square feet of land situated within the State Land Use Agricultural District. The amendment is to allow the former Tinny Fisher Antique Shop to be used as a retail shop selling a variety of items including food and beverages prepared on-site. The property is located on the Page 1 of 5 Windward Planning Commission April 3, 2014 Minutes south (makai) side of Volcano Highway approximately 360 feet west of Kukui Camp Road, ‘Ōla‘a Reservation Lots, Puna, Hawai‘i, TMK: 1-7-010:011. The Commission took this item up at 9:55 a.m. with 21 people from the public in attendance. (SEE EXHIBIT B) This item ended at 10:09 a.m. Chairman Gonzales called a recess at 10:09 a.m., and the meeting was reconvened at 10:18 a.m. APPLICANT: OPEN ARMS COMMUNITY CHURCH (SPP-14-158) Application for a Special Permit to establish a church and related improvements on approximately one acre of land situated in the State Land Use Agricultural District. The property is located in Hawaiian Paradise Park Subdivision at the southwest corner of Maku‘u Drive and th Koali (12) Avenue, approximately 3 miles makai from the Kea´au-Pāhoa Road intersection, Kea´au, Puna, Hawai´i, TMK: 1-5-026:117. The Commission took this item up at 10:18 a.m. with 16 people from the public in attendance. (SEE EXHIBIT C) This item ended at 10:35 a.m. APPLICANT: KRISTIN JONES CREWS (USE 14-047) Application for a Use Permit to allow the establishment of a three-bedroom bed and breakfast operation within an existing three-bedroom dwelling and proposed one-bedroom ‘ohana 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 th south (makai) side of 6 Street between Jade Avenue and Ruby Avenue, Volcano, Puna, Hawai‘i, TMK: 1-1-009:067. The Commission took this item up at 10:35 a.m. with 14 people from the public in attendance. (SEE EXHIBIT D) This item ended at 10:42 a.m. INITIATOR: COUNTY COUNCIL Bill No. 182 amending Chapter 23, Article 4, Division 1, Section 23-61 of the Hawai‘i County Code 1983 (2005 Edition, as amended) relating to site visits for applications for Subdivisions. More specifically, the amendment will require the Planning Director or representative to conduct a site visit of property(ies) affected by a proposed subdivision action to verify accuracy of information shown on the preliminary plat map or any omissions required by the Subdivision Code, and site conditions that could result in deleterious effects to general welfare and health of the community. Page 2 of 5 Windward Planning Commission April 3, 2014 Minutes The Commission took this item up at 10:42 a.m. with 15 people from the public in attendance. (SEE EXHIBIT E) This item ended at 10:51 a.m. INITIATOR: PLANNING DIRECTOR Regarding non-compliance with Condition No. 8 and to assess compliance with other conditions of Use Permit No. 12-000034 that allowed the establishment of a 100-bed skilled nursing and rehabilitation center and related uses on 17.61 acres of land situated within the Single-Family Residential (RS-15 and RS-10) zoning districts. Condition No. 8 prohibited construction of vertical project components until improvements to Kaūmana Drive were completed. The properties are located on the east (makai) side of Kaūmana Drive between ‘Aipuni Street and Luana Way, Ponahawai, South Hilo, Hawai‘i, TMK’s: 2-5-006:012, 2-5-007:001, 008, 046 and 047. APPLICANT: REGENCY SOUTH, INC. (Amend USE 12-034) Amendment to Use Permit No. 12-000034, which allowed the establishment of a 100-bed skilled nursing and rehabilitation center and related uses on 17.61 acres of land situated within the Single-Family Residential (RS-15 and RS-10) zoning districts. Condition No. 8 required improvements to Kaūmana Drive be completed prior to the start of construction of the vertical component of any structures on the property. The amendment is to modify Condition No. 8 to allow construction of on-site vertical project components at the same time as improvements to Kaūmana Drive. The properties are located on the east (makai) side of Kaūmana Drive between ‘Aipuni Street and Luana Way, Ponahawai, South Hilo, Hawai‘i, TMK’s: 2-5-006:012, 2-5- 007:001, 008, 046 and 047. The Commission heard Item No. 6 (Planning Director Initiated regarding non-compliance with Condition No. 8 and to assess compliance with other conditions of USE 12-000034) and Item No. 7 (Regency South, Inc. (Amend USE 12-000034) together. The Commission took this item up at 10:51 a.m. with 20 people from the public in attendance. (SEE EXHIBIT F) Chairman Gonzales called a recess at 11:28 a.m., and the meeting was reconvened at 11:33 a.m. At 12:12 p.m., it was moved by Commissioner Henkel and seconded by Commissioner Ishibashi that the Commission go into executive session to consult with its attorney regarding questions and issues pertaining to the Commission’s powers, duties, privileges, immunities, and liabilities, pursuant to Hawai‘i Revised Statutes Section 92-5. A voice vote was taken of all Commissioners present, and motion carried with seven aye votes. At 12:16 p.m. the Commission went into executive session. At 12:33 p.m., it was moved by Commissioner Henkel and seconded by Commissioner Miyasato that the Commission go out of Page 3 of 5 Windward Planning Commission April 3, 2014 Minutes executive session. A voice vote was taken of all Commissioners present, and motion carried with seven aye votes. The hearing reconvened for regular session at 12:35 p.m. The discussion on Item No. 6 (Planning Director Initiated regarding non-compliance with Condition No. 8 and to assess compliance with other conditions of USE 12-000034) ended at 12:42 p.m. The discussion on Item No. 7 (Regency South, Amend USE 12-000034) ended at 12:45 p.m. MINUTES – The Commission took this item up at 12:45 p.m. Approval of Minutes of the March 6, 2014 meeting – It was moved by Commissioner Moses, and seconded by Commissioner Ishibashi, that the minutes of March 6, 2014 be approved as circulated. Motion was unanimously carried by a voice vote of all Commissioners in attendance. ADMINISTRATIVE MATTERS/ANNOUNCEMENTS – The Commission took up the following at 12:46 p.m. 1.Status of applications heard by Windward Planning Commission that are pending before County Council. Mr. Arai did not have anything to report on the status of applications that are pending before the County Council. Mr. Arai updated the Commission on the status of the Connections (SPP 12-000138) contested case proceedings. The contested case hearing has concluded as previously reported, and the hearings officer is in the process of preparing her draft Findings of Fact, Conclusions of Law and recommendation that will be offered to the Planning Commission. It is hoped that the Findings will be submitted sometime next week to all of the parties at which time they will be afforded the opportunity to provide their Exceptions. The material will be provided to the Commission prior st to the May 1 hearing on this matter. Mr. Arai added that the May meeting will be a full day, with the possibility of nine separate items tentatively scheduled. Mr. Arai said that there were no further announcements at this time. Commissioner Henkel asked what was the status of an alternate Building Code at the County Council and if the Planning Department had a position or opinion on that. Mr. Arai stated that he was not aware of an alternative Building Code at the County Council. Page 4 of 5 Windward Planning Commission April 3, 2014 Minutes ADJOURNMENT – There being no further business, it was moved by Commissioner Miyasato and seconded by Commissioner Ono that the meeting be adjourned. Motion was unanimously carried by a voice vote of all Commissioners in attendance. Chairman Ronald Gonzales adjourned the meeting at 12:49 p.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary A T T E S T: Ronald Gonzales, Chairman Windward Planning Commission Page 5 of 5 Windward Planning Commission April 3, 2014 Minutes