HomeMy WebLinkAbout2014-07-03 Windward Planning Commission Minutes
WINDWARD PLANNING COMMISSION
COUNTY OF HAWAI‘I
MINUTES
JULY 3, 2014
The Windward Planning Commission met in regular session at 9:01 a.m. in the County of
Hawai‘i, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai‘i, with Chairman
Myles Miyasato presiding.
COMMISSIONERS PRESENT: Myles Miyasato, Charles Heaukulani, Gregory Henkel, Raylene
Moses, and Stephen Ono.
ALSO PRESENT: Duane Kanuha (Planning Director), Margaret Masunaga (Deputy
Corporation Counsel for the Windward Planning Commission), Amy Self (Deputy Corporation
Counsel for the Planning Director, from 9:37 a.m. to 12:25 p.m.), Melody Parker (Deputy
Corporation Counsel for the Planning Director from 9:13 a.m. to 12:39 p.m.), 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 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: LK & RR ENTERPRISES, LLC (REZ 14-174)
Application for a Change of Zone from Single-Family Residential-10,000 square feet (RS-
10) to Neighborhood Commercial-10,000 square feet (CN-10) for approximately 22,500
square feet of land. The property is located on the east side of Hīnano Street, approximately
100 feet south of its intersection with Hualani Street, Waiākea House Lots, Waiākea, South
Hilo, Hawai‘i, TMK: 2-2-034: 072.
The Commission took this item up at 9:02 a.m. with 12 people from the public in attendance.
(SEE EXHIBIT A)
This item ended at 9:28 a.m.
At 9:29 a.m., it was moved by Commissioner Moses and seconded by Commissioner Ono to
take testimony out of order regarding Item No. 5 (Scott Watson, Amend SMA 450). The
motion was unanimously carried by a voice vote of all Commissioners in attendance.
Please refer to Exhibit E which contains the testimony of Gary Olympia. The testimony of
Mr. Olympia ended at 9:46 a.m.
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2.APPLICANT: JAS W. GLOVER, LTD. (SPP 14-162)
Application for a Special Permit to allow the establishment of a new quarry site on
approximately 85.338 acres of a 140.368-acre property situated within the State Land Use
Agricultural District. The project site is located southeast of the Hawai‘i National Guard Site
and Hilo International Airport and approximately 3,000 feet southwest of the County's Sewer
Treatment Plant Site at Honohononui, South Hilo, Hawai‘i, TMK: 2-1-013: Portion of 004.
The Commission took this item up at 9:47 a.m. with 20 people from the public in attendance.
(SEE EXHIBIT B)
This item ended at 10:17 a.m.
Chairman Miyasato called a recess at 10:17 a.m., and the meeting was reconvened at 10:29 a.m.
3.APPLICANT: ASIA PACIFIC GROUP, LLC (FORMERLY POLOKE FARMS LLC)
(AMENDMENT TO SPP 09-095)
Amendments to Special Permit No. 09-000095, including a 1-year time extension to comply
with Condition 2 (Secure Final Plan Approval); the deletion of all references for a weekly
country market in Conditions 3, 4 & 8; reduce special events from 20 to 6 events (Condition
5); and rewrite Condition 6 (Definition of special events). The property is located along the
north (makai) side of Highway 19 and east of the Waimea Country Club golf course near the
51-mile marker, Waikoekoe, Hāmākua, Hawai‘i, TMK: 4-7-007: 040.
The Commission took this item up at 10:29 a.m. with 9 people from the public in attendance.
(SEE EXHIBIT C)
This item ended at 10:42 a.m.
4.APPLICANT: AT&T MOBILITY (USE 14-048)
Application for a Use Permit to allow the construction of a new telecommunication facility,
including a 185-foot tall steel monopole with 8-foot tall panel antennas and related facilities
within a 5,625 square-foot portion of a 2-acre parcel situated in the State Land Use
Agricultural district and the County’s Agricultural 3-acre (A-3a) zoned district. The property
is located on the northwest corner of the Rose Street and Hibiscus Street intersection,
Crescent (Fern) Acres, Kea‘au, Puna, Hawai`i, TMK: 1-1-038: Portion of 002.
The Commission took this item up at 10:42 a.m. with 11 people from the public in attendance.
(SEE EXHIBIT D)
This item ended at 11:09 a.m.
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5.APPLICANT: SCOTT WATSON (Amend SMA 450)
The applicant has submitted an application to amend Condition 11 of Special Management
Area (SMA) Use Permit No. 450, which originally allowed the development of an 11-lot
subdivision known today as the Pepe‘ekeō Point Subdivision. Condition 11 currently does
not allow a house or other substantial structure to be built closer than 40 feet from the top of
the sea cliff fronting the ocean. The amendment request is to change this building setback
point of reference from the top of the sea cliff to the March 4, 2010 certified shoreline which
is located makai, or seaward, of the sea cliff, and applicable to the applicant’s lot only (Lot
23). The subject property (Lot 23) is located at the end of Sugar Mill Road, just east of the
Sugar Mill Road/Beach Road intersection, Pepe‘ekeō Point Subdivision, South Hilo,
Hawai‘i, TMK: 2-8-008:151.
The Commission took this item up at 11:09 a.m. with 14 people from the public in attendance.
(SEE EXHIBIT E)
This item ended at 12:00 p.m.
Chairman Miyasato called a recess at 12:01 p.m., and the meeting was reconvened at 12:10 p.m.
6.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.
Hearing will include discussion and further action, if necessary, on the Planning
Director’s request, on behalf of the Commission, for an informal opinion from the Board
of Ethics regarding the legal representation by a former County employee of a potential
intervenor in proceedings involving this amendment request.
The Commission took this item up at 12:10 p.m. with 7 people from the public in attendance.
(SEE EXHIBIT F)
This item ended at 12:36 p.m.
Note: The Commission heard Item Nos. 7 and 8 together.
7.INITIATOR: PLANNING DIRECTOR
An ordinance amending Chapter 25 (Zoning Code), Article 2, Division 7, Section 25-2-71
(Applicability-Plan Approval required), Section 25-2-73 (Reserved), Section 25-2-76 (Action
of Plan Approval application), Section 25-2-77 (Review Criteria and conditions of approval);
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and Article 6, Division 1, Section 25-6-3 (Application for P.U.D. permit requirements),
Section 25-6-7 (Reserved), and Section 25-6-10 (Criteria for granting a P.U.D. permit) of the
Hawai‘i County Code 1983 (2005 Edition, as amended). These amendments would create a
process within the Zoning Code that requires the Planning Director to review and consult
with a local design review committee for certain land use permit applications situated within
a special district to promote consistency with applicable adopted design guidelines and/or
standards.
8.INITIATOR: PLANNING DIRECTOR
An ordinance amending Chapter 25 (Zoning Code), Article 3, Section 25-3-2 (Designation of
Special Districts); Article 4, Division 5, Section 25-4-59.2 (Exceptions to Off-Street Parking
& Loading Requirements); and Article 7 (Special District Regulations) of the Hawai‘i
County Code 1983 (2005 Edition, as amended), relating to the establishment of a special
district to be known as the Pāhoa Village Design (“PVD”) District that includes a process for
community review of project applications and plans, and to provide distinct requirements for
Off-Street Parking and Loading in the PVD district.
The Commission took this item up at 12:38 p.m. with 2 people from the public in attendance.
(SEE EXHIBIT G)
The discussion on Item No. 7 ended at 1:01 p.m.
The discussion on Item No. 8 ended at 1:03 p.m.
9.INITIATOR: PLANNING DIRECTOR
An ordinance amending Chapter 25 (Zoning Code), Article 5 of the Hawai‘i County Code
1983 (2005 Edition, as amended), relating to zoning district regulations for dwellings within
the Industrial-Commercial Mixed (MCX) zoning district. The purpose of this amendment is
to allow multiple family residential dwelling units within the MCX zoning district.
The Commission took this item up at 1:03 p.m. with no one from the public in attendance.
Mr. Darrow stated that the Planning Department had not issued Background and
Recommendation Reports on this item. He added that the reason for initiating the amendment
was due to the recent Council Initiated Bill Nos. 191 and 192. Bill No. 191 sought to allow
Village Commercial (CV) zoning district uses in the Light Industrial (ML) zoning district. Bill
192 sought to allow Village Commercial (CV) zoning district uses in the Industrial-Commercial
Mixed (MCX) zoning district. Both the Windward and Leeward Planning Commissions voted to
send an unfavorable recommendation for Bill Nos. 191 and 192 to the County Council.
As an alternative, the Planning Director is initiating this bill to add a multiple-family residential
component to the MCX zoning district. He said that according to the Hawai‘i County Code,
Chapter 25 (Zoning Code), the purpose of the MCX zoning district is to allow mixing of some
industrial uses with commercial uses. The intent of this zoning district is to provide for areas of
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diversified businesses and employment opportunities by permitting a broad range of uses without
exposing non-industrial uses to unsafe and unhealthy environments.
Mr. Darrow added that the MCX zoning district is intended to promote and maintain a viable
mix of light industrial and commercial uses. In addition, according to the County of Hawai‘i
General Plan, Chapter 14, Land Use, “Mixed use light industrial and commercial zones may
include, but are not limited to, wholesale, retail, office uses and personal and business services.”
Mr. Darrow said that the Planning Director believes that there is support to allow multiple-family
residential uses within the MCX zoning district. The MCX zoning district has excluded those
uses generally considered unsafe and hazardous and relegated these uses to the Limited
Industrial (ML) and General Industrial (MG) zoning districts. However, the viability of a mixed
use commercial and light industrial zoning, typified by uses allowed in the MCX zoning district,
can be supported by an integrated residential component.
Mr. Darrow continued that the MCX zoning district currently accommodates art galleries and
museums, bars, nightclubs and restaurants, churches, farmers markets, banks, personal services,
stores, vocational and business schools and theaters, among other similar uses. Mr. Darrow
explained that what is missing is a higher density residential component like apartment and
condominium complexes that would help to sustain a viable mixed-use community.
Mr. Darrow requested that the Commission continue this matter until the Department resolves
several issues and concerns that have been brought to the Director’s attention. Mr. Darrow said
that these matters need to be addressed before a Recommendation is provided to the
Commission.
Commissioner Henkel stated that he could see some positive results from this type of zoning,
such as impacts to traffic.
It was moved by Commissioner Henkel and seconded by Commissioner Moses that the matter be
continued. The motion to continue passed with 5 aye votes (Henkel, Moses, Heaukulani, Ono,
Miyasato).
This item ended at 1:09 p.m.
MINUTES
– The Commission took this item up at 1:09 p.m.
Approval of Minutes of the June 5, 2014 meeting – It was moved by Commissioner Henkel, and
seconded by Commissioner Ono, that the minutes of June 5, 2014 be approved as circulated.
Motion was unanimously carried by a voice vote of all Commissioners in attendance.
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ADMINISTRATIVE MATTERS/ANNOUNCEMENTS -
The Commission took up the
following at 1:10 p.m.
1.Status of applications heard by Windward Planning Commission that are pending before
County Council.
Mr. Arai informed the Commission that County Council Initiated Bill Nos. 191 and 192
have been postponed and have evolved into the most current proposal for residential uses
in the MCX zoning district (Please refer to Item No. 9 above). [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.]
Mr. Kanuha informed the Commission of the status of County Council Bill No. 182
(mandatory site inspections for subdivisions). He said that there has been discussion on
amending the bill at the Council Planning Committee level to make it more acceptable to
both the Planning Department and Council members. There are several Council
members that will be working on the amendment to that bill, and when it next resurfaces,
it will be subject to the call of the Planning Committee Chairman.
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Mr. Arai stated that the next Commission meeting is on August 7 with a tentative seven items
on the agenda. He added that there is a possibility, although it was not formally submitted yet, of
some discussion on a proposed claim to utilize the Geothemal Asset Fund for a health study.
Mr. Arai added that the Watson site inspection (Item No. 5) will also be scheduled for that
meeting.
ADJOURNMENT
– There being no further business, it was moved by Commissioner Ono and
seconded by Commissioner Henkel that the meeting be adjourned. Motion was unanimously
carried by a voice vote of all Commissioners in attendance. Chairman Miyasato adjourned the
meeting at 1:14 p.m.
Respectfully submitted,
Sarah Y. Hata-Finley, Secretary
A T T E S T:
Myles Miyasato, Chairman
Windward Planning Commission
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