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Home My WebLink About2014-06-05 Windward Planning Commission Minutes WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES JUNE 5, 2014 The Windward Planning Commission met in regular session at 9:16 a.m. in the County of Hawai‘i, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai‘i, with Chairman Pro Tem Myles Miyasato presiding. COMMISSIONERS PRESENT: Myles Miyasato, Gregory Henkel, Raylene Moses, and Stephen Ono. ABSENT AND EXCUSED: Charles Heaukulani and Wallace A. Ishibashi, Jr. ALSO PRESENT: Duane Kanuha (Planning Director), Margaret Masunaga (Deputy Corporation Counsel for the Windward Planning Commission), Jennifer Ng (Deputy Corporation Counsel for the Planning Director), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner), Maija Cottle (Staff Planner), Sarah Hata-Finley (Secretary), Kim Tanaka (Secretary), and Melissa Dacayanan (Planning Commission Support Technician). A quorum was present. Chairman Pro Tem Miyasato 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. 1.APPLICANT: DOMINIQUE MAUS (SPP 14-160) Application for a Special Permit to allow the establishment of a business office and baseyard complex for a household rubbish pick-up business (Ka‘ū Rubbish Disposal, LLC) on approximately 460 square feet of land situated in the State Land Use Agricultural District. The property is located in Hawaiian Ocean View Estates approximately 3.5 miles from Highway 11, and approximately 120 feet south from the intersection of Tradewind and Kailua Blvd. in Ka‘ū, Hawai´i, TMK: 9-2-060:021. The Commission took this item up at 9:17 a.m. with 22 people from the public in attendance. (SEE EXHIBIT A) This item ended at 9:35 a.m. At 9:36 a.m., Chairman Pro Tem Miyasato announced that Item No. 7 (Hawaiian Acres Community Association SPP 845) was taken off the agenda. There was no one from the public present to testify on the matter. Page 1 of 5 Windward Planning Commission June 5, 2014 Minutes 2.APPLICANTS: VERIZON WIRELESS/AT&T MOBILITY (Amend USE 11-028) Amendment to Use Permit No. 11-000028, which allowed the construction of a 154-foot tall steel telecommunication monopole with 8-foot tall panel antennas and related facilities on an approximate 750 square-foot portion of a 1-acre parcel situated in the State Land Use Agricultural District and the County’s Agricultural 1-acre (A-1a) zoning district. The amendment seeks to expand the permit area from 750 to 1,500 square feet to accommodate co-location of antennas and ground equipment. The property is located at 13-3474 Kupono Street, which is on the west side of Kupono Street, approximately 400 feet north of the intersection of Kupono Street and Leilani Avenue in Leilani Estates Subdivision, Keahialaka, Puna, Hawai`i, TMK: 1-3-36:Portions of 40-43. The Commission took this item up at 9:38 a.m. with 25 people from the public in attendance. (SEE EXHIBIT B) This item ended at 9:47 a.m. 3.APPLICANT: WALTER TAVARES, JR. (Amend SPP 1212) Amendment to Special Permit No. 1212, which allowed the establishment of a towing and auto repair business on one acre of land situated in the State Land Use Agricultural District. The amendment is to eliminate the five (5) year permit life or extend the permit life for an additional ten (10) years, and to eliminate the landscaping requirement along all property boundaries. The rd property is located along the makai side of Uluhe Street (33 Avenue), approximately 1,620 feet northwest of Maku‘u Drive, Hawaiian Paradise Park Subdivision, Kea‘au, Puna, Hawai‘i, TMK: 1-5-016:148. The Commission took this item up at 9:47 a.m. with 23 people from the public in attendance. (SEE EXHIBIT C) This item ended at 10:15 a.m. Chairman Pro Tem Miyasato called a recess at 10:16 a.m., and the meeting reconvened at 10:26 a.m. 4.APPLICANT: DR. WILLIAM FOULK (SLU-12-036/REZ-12-160) Applications for a State Land Use Boundary Amendment from the Agricultural to the Urban District and a Change of Zone from an Agricultural 1-acre (A-1a) to a Village Commercial 40,000 square foot (CV-40) zoning district for 4.143 acres of land. The properties are located in the Hawaiian Ocean View Estates Subdivision on the north (mauka) side of the Hawai‛i Belt Road, west of Lehua Lane at Kahuku, Ka‛ū, Hawai‛i, TMK: 9-2-93: 39 thru 42. The Commission took this item up at 10:27 a.m. with 24 people from the public in attendance. (SEE EXHIBIT D) Page 2 of 5 Windward Planning Commission June 5, 2014 Minutes This item ended at 10:51 a.m. 5.APPLICANT: PARADISE PARK BAPTIST CHURCH (SPP-14-163) 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 southeast corner of Kaloli Drive and rd (23) Avenue, approximately 1 mile from the Kea´au-Pāhoa Road intersection, Kea´au, Puna, Hawai´i, TMK: 1-5-038:123. The Commission took this item up at 10:51 a.m. with 21 people from the public in attendance. (SEE EXHIBIT E) This item ended at 11:40 a.m. Chairman Pro Tem Miyasato called a recess at 11:41 a.m., and the meeting reconvened at 11:47 a.m. 6.APPLICANT: CELLCO PARTNERSHIP dba VERIZON WIRELESS (USE 14-046) Contested case proceeding regarding an application for a Use Permit to construct a 105-foot tall steel telecommunication monopine with 8-foot tall panel antennas and related facilities on an 8,100 square-foot parcel situated in the State Land Use Agricultural district and the County’s Agricultural 1-acre (A-1a) zoned district. The property is located on the west side of Silversword Court approximately 235 feet northwest from its junction with Ainaloa Boulevard, Tiki Gardens Subdivision, Kea‘au, Puna, Hawai`i, TMK: 1-6-102:056. The Commission took this item up at 11:47 a.m. with 2 people from the public in attendance. PARTIES PRESENT: Daryl Inaba (Intervenor); Trisha Nishimoto (Attorney for Applicant), Danette Martin (General Dynamics on behalf of Applicant), Corey Shaffer (Principal System Performance Engineer for Verizon Wireless on behalf of Applicant); Jennifer Ng (Attorney for Planning Director), and Duane Kanuha (Planning Director). Chairman Pro Tem Miyasato called a recess at 1:41 p.m., and the meeting reconvened at 1:49 p.m. (SEE EXHIBIT F) This item ended at 3:25 p.m. 7. APPLICANT: HAWAIIAN ACRES COMMUNITY ASSOCIATION (SPP 845) Discussion and further action regarding submission of an informal opinion from the Board of Ethics regarding proper legal representation of potential intervenor in proceedings involving an 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 Page 3 of 5 Windward Planning Commission June 5, 2014 Minutes 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. As previously announced at 9:36 a.m. by Chairman Pro Tem Miyasato, this matter was taken off the agenda. There was no one signed up from the public to testify on the matter throughout the day. MINUTES – The Commission took this item up at 3:25 p.m. Approval of Minutes of the May 1, 2014 meeting – It was moved by Commissioner Moses, and seconded by Commissioner Ono, that the minutes of May 1, 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 3:26 p.m. 1.Election of Officers for remainder of 2014. Chairman: It was moved by Commissioner Ono and seconded by Commissioner Moses that Commissioner Miyasato be elected Chairman for the remainder of 2014. Motion was unanimously carried by a voice vote of all Commissioners in attendance. Vice-Chairman: It was moved by Commissioner Henkel that Commissioner Moses be elected Vice-Chairman for the remainder of 2014. Commissioner Moses declined the nomination. It was then moved by Commissioner Moses and seconded by Commissioner Ono that Commissioner Henkel be elected Vice-Chairman for the remainder of 2014. Motion was unanimously carried by a voice vote of all Commissioners in attendance. rd Mr. Arai informed the Commission that their next meeting on July 3 tentatively has seven items on the agenda. 2.Status of applications heard by Windward Planning Commission that are pending before County Council. Mr. Arai noted that Council Initiated Bill Nos. 191 and 192, which had unfavorable recommendations from both the Windward and Leeward Planning Commissions, are being forwarded to the County Council. He will let the Commission know of the disposition of the bills when the Council acts on them. [Bill No. 191 proposed Village Commercial (CV) zoning district uses within the Limited Industrial (ML) zoning district. Bill No. 192 proposed Village Commercial (CV) zoning district uses within the Industrial-Commercial Mixed Use (MCX) zoning district.] Page 4 of 5 Windward Planning Commission June 5, 2014 Minutes Commissioner Ono asked why Item No. 7 (Hawaiian Acres Community Association, SPP 845) was taken off the agenda. Mr. Arai told him that it was a place holder in anticipation that the Commission could receive the informal opinion from the Board of Ethics regarding Jamae Kawauchi. He added that the next Board of Ethics meeting does not occur until the end of this month. Mr. Arai said that he had hoped that the informal opinion could be received in time so that the matter could be scheduled for the July or August Commission meetings. Commissioner Ono moved for an executive session to discuss this application, with a second by Commissioner Moses. Commissioner Henkel noted that correspondence from the Board of Ethics stated that they did not receive a request for an informal opinion from Ms. Kawauchi although she had previously indicated to the Commission that she had done so. The motion for executive session was unable to pass with only two affirmative votes (Ono, Moses). ADJOURNMENT – There being no further business, it was moved by Commissioner Ono and seconded by Commissioner Moses that the meeting be adjourned. Motion was unanimously carried by a voice vote of all Commissioners in attendance. Chairman Pro Tem Miyasato adjourned the meeting at 3:32 p.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary A T T E S T: Myles Miyasato, Chairman Pro Tem Windward Planning Commission Page 5 of 5 Windward Planning Commission June 5, 2014 Minutes