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Home My WebLink About2014-09-04 Windward Planning Commission Minutes WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES SEPTEMBER 4, 2014 The Windward Planning Commission met in regular session at 12:33 p.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, and Raylene Moses. ABSENT AND EXCUSED: Stephen Ono. 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 1:02 p.m., Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner), Maija Jackson (Staff Planner), to 6:30 p.m., Christian Kay (Staff Planner), Sarah Hata-Finley (Commission Secretary), Kim Tanaka (Secretary), to 4:30 p.m., and Melissa Dacayanan (Planning Commission Support Technician), to 4:30 p.m. A quorum was present. Chairman Miyasato introduced staff and Windward Planning Commissioners to members of the public and went over the procedure for public testimony. STATEMENTS FROM THE PUBLIC – No statements were presented under this section of the agenda. 1.APPLICANT: PAUL OGASAWARA (REZ 14-176) Application for a Change of Zone from Single-Family Residential-15,000 square feet (RS-15) to Village Commercial-10,000 square feet (CV-10) for approximately 1 acre of land. The property is located on the northeast side of Pāhoa Village Road, approximately 410 feet northwest of its intersection with Post Office Road, Nānāwale Homesteads, Puna, Hawai‘i, TMK: 1-5-014:005. The Commission took this item up at 12:34 p.m. with 28 people from the public in attendance. (SEE EXHIBIT A) This item ended at 12:44 p.m. 2.APPLICANT: DAVID AND BRENDA CAMACHO (REZ 14-177) Application for a Change of Zone from Agricultural 1-acre (A-1a) to Neighborhood Commercial-20,000 square feet (CN-20) for approximately 1.02 acres of land. The property is located along the south side of Ponahawai Street approximately 780 feet east (makai) of Page 1 of 5 Windward Planning Commission September 4, 2014 Minutes the Komohana Street and Ponahawai Street intersection, Ponahawai, South Hilo, Hawai’i, TMK: 2-3-037:012. The Commission took this item up at 12:44 p.m. with 39 people from the public in attendance. (SEE EXHIBIT B) This item ended at 12:54 p.m. 3.APPLICANT: SURE FOUNDATION (USE 14-050) Application for a Use Permit to allow the establishment of a church and related facilities and improvements on 2.175 acres of land zoned Agricultural-1 acre (A-1a) and situated within the State Land Use Urban district. The property is located along the northwest side of Ponahawai Street, immediately adjacent to and east (makai) of The Church of Jesus Christ of Latter-Day Saints, Ponahawai, South Hilo, Hawai‘i, TMK: 2-3-036:022. The Commission took this item up at 12:55 p.m. with 40 people from the public in attendance. (SEE EXHIBIT C) This item ended at 1:04 p.m. 4.APPLICANT: OCEAN VIEW BAPTIST CHURCH, INC. (SPP 14-164) Application for a Special Permit to allow the establishment of a church and related improvements on 4.057 acres of land situated within the State Land Use Agricultural District. The project site is located at 92-1416 Coral Parkway, approximately 175 feet northeast of the Ginger Blossom Lane – Coral Parkway intersection, Hawaiian Ocean View Estates, Ka`u, Hawai`i, TMK: 9-2-002:012. The Commission took this item up at 1:04 p.m. with 40 people from the public in attendance. (SEE EXHIBIT D) This item ended at 1:14 p.m. 5.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 double- and multiple-family residential dwelling units within the MCX zoning district. The Commission took this item up at 1:15 p.m. with 37 people from the public in attendance. (SEE EXHIBIT E) Page 2 of 5 Windward Planning Commission September 4, 2014 Minutes This item ended at 1:25 p.m. 6.CLAIMANT: OFFICE OF THE MAYOR Discussion and action on a claim for the release of funds from the Geothermal Asset Fund that includes a recommendation from the claims adjuster, for the following community approved geothermal impact mitigation project: Geothermal Public Health Study - $750,000 a. Funding to conduct a public health study of up to three years to determine if there are health effects on Puna residents that can be linked to geothermal energy development that will focus on effects on central nervous system, respiratory and anxiety disorder symptom functions. The Commission took this item up at 1:25 p.m. with 47 people from the public in attendance. Chairman Miyasato called a recess at 3:02 p.m., and the meeting was reconvened at 3:13 p.m. At 3:35 p.m., it was moved by Commissioner Heaukulani and seconded by Commissioner Henkel 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 four aye votes. At 3:38 p.m. the Commission went into executive session. At 3:52 p.m., it was moved by Commissioner Henkel and seconded by Commissioner Moses that the Commission go out of executive session. A voice vote was taken of all Commissioners present, and motion carried with four aye votes. The hearing reconvened for regular session at 3:54 p.m. (SEE EXHIBIT F) This item ended at 3:56 p.m. 7.APPLICANT: SCOTT WATSON (Amend SMA 450) Continued hearing regarding applicant’s request 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. Page 3 of 5 Windward Planning Commission September 4, 2014 Minutes The Commission took this item up at 3:57 p.m. with 22 people from the public in attendance. At 5:18 p.m., it was moved by Commissioner Henkel and seconded by Commissioner Moses 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 four aye votes. At 5:21 p.m. the Commission went into executive session. At 5:29 p.m., it was moved by Commissioner Henkel and seconded by Commissioner Moses that the Commission go out of executive session. A voice vote was taken of all Commissioners present, and motion carried with four aye votes. The hearing reconvened for regular session at 5:30 p.m. (SEE EXHIBIT G) This item ended at 5:32 p.m. 8.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 5:32 p.m. with 9 people from the public in attendance. (SEE EXHIBIT H) This item ended at 6:52 p.m. MINUTES – The Commission took this item up at 6:52 p.m. Approval of Minutes of the July 3, 2014 meeting – It was moved by Commissioner Henkel, and seconded by Commissioner Heaukulani, that the minutes of July 3, 2014 be approved as circulated. Motion was unanimously carried by a voice vote of all Commissioners in attendance. Page 4 of 5 Windward Planning Commission September 4, 2014 Minutes ADMINISTRATIVE MATTERS/ANNOUNCEMENTS - The Commission took up the following at 6:52 p.m. 1.Status of applications heard by Windward Planning Commission that are pending before County Council. There was no report at this time; however, Mr. Arai stated that the meeting the next day on th September 5 had only one item on the agenda, and informed the Commissioners that the meeting would start at 9:30 a.m., instead of 9 a.m. ADJOURNMENT – There being no further business, it was moved by Commissioner Moses 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 6:53 p.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary A T T E S T: Myles Miyasato, Chairman Windward Planning Commission Page 5 of 5 Windward Planning Commission September 4, 2014 Minutes