The URL can be used to link to this page

Home My WebLink About2014-11-06 Windward Planning Commission Minutes WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES NOVEMBER 6, 2014 The Windward Planning Commission met in regular session at 9:00 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, Donald Ikeda, Raylene Moses, and Stephen Ono. ALSO PRESENT: Duane Kanuha (Planning Director), Margaret Masunaga (Deputy Corporation Counsel for the Windward Planning Commission), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner), Maija Jackson (Staff Planner), Christian Kay (Staff Planner), and Sarah Hata-Finley (Commission Secretary). 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: R. KEVIN STAFFORD (SPP 14-165) Application for a Special Permit to allow the establishment of a four-bedroom bed and breakfast operation within an existing dwelling situated on 18,000 square feet of land within the State Land Use Agricultural District. The property is located at 12-7200 Ki‘i Nani Place. It borders both Namohala Place and Ki‘i Nani Place, Kehena Beach Estates Unit 2, Keauohana, Puna, Hawai‘i, TMK: 1-2-031:039. The Commission took this item up at 9:00 a.m. with 9 people from the public in attendance. (SEE EXHIBIT A) This item ended at 9:10 a.m. 2.APPLICANT: ĀHUALOA LAND COMPANY (REZ 14-178) Application for a Change of Zone from an Agricultural 40-acre (A-40a) to an Agricultural 5- acre (A-5a) district for 67.649 acres of land. The property is located on the mauka side of Hawai‘i Belt Road, between Hawai‘i Belt Road and Old Māmalahoa Highway, approximately 0.7 miles east of the Mud Lane–Hawai‘i Belt Road intersection and between Mile Marker 51 and 52, Kapoaula, Kamoku, Hāmākua, Hawai‘i, TMK: 4-7-007:042. Page 1 of 4 Windward Planning Commission November 6, 2014 Minutes At 9:10 a.m., Chairman Miyasato announced that Item No. 2 (Āhualoa Land Company REZ 14-178) and Item No. 3 (Steven Schropshire, Shropshire Group, LLC SMA 14-058) were being continued. [Secretary’s Note: Item No. 2 was withdrawn by the Applicant.] The Chair proceeded with the approval of the minutes. MINUTES – The Commission took this item up at 9:10 a.m. Approval of Minutes of the October 2, 2014 meeting – It was moved by Commissioner Henkel, and seconded by Commissioner Moses, that the minutes of October 2, 2014, be approved as circulated. Motion was unanimously carried by a voice vote of all Commissioners in attendance. Chairman Miyasato called a recess at 9:11 a.m., and the meeting reconvened at 9:20 a.m. at which time only public testimony for Item No. 3 (Steven Shropshire, Shropshire Group, LLC (SMA 14-058) was taken. 3.APPLICANT:STEVEN SHROPSHIRE, SHROPSHIRE GROUP, LLC(SMA 14-058) Application for a Special Management Area Use Permit to allow the consolidation of 4 lots and its subdivision into 10 lots and a road lot with related improvements. The subject property is located along the north (makai) side of the Hawai‛i Belt Highway (State Highway 19) fronting the Mile Marker 19 at Waikaumalo, North Hilo, Hawai‘i, TMK: 3-2-005:002, 003, 004 & 005. The Commission took public testimony for this item at 9:20 a.m. with 14 people from the public in attendance. (SEE EXHIBIT B) This item ended at 9:29 a.m. 4.APPLICANTS: JAMES AND FRANCINE MCCULLY (USE 167/USE 97-013) Revocation of Use Permit No. 167, originally approved by the Planning Commission on November 12, 1997 and issued to Patricia S. Oliver, that allowed for the establishment of a two-bedroom bed and breakfast within an existing duplex (‘ohana) dwelling situated on approximately 14,801 square feet of land situated within the County’s Single-Family Residential (RS-10) zoning district. The property is located at the northwest (makai) corner of the Kalaniana‘ole Street-Akepa Street intersection at Keaukaha, South Hilo, Hawai‘i, TMK: (3) 2-1-017:027. The Commission took this item up at 9:29 a.m. Mr. Kay informed the Commission that the Applicants, James and Francine McCully, requested the revocation of Use Permit No. 167 by letter in August of 2014. He added that the permit was originally granted on November 12, 1997 by the Planning Commission to establish a 2-bedroom bed and breakfast within an ohana dwelling unit in a duplex located at the intersection of Kalaniana‛ole Street and Akepa Street in Keaukaha. Mr. Kay stated that Mr. and Mrs. McCully purchased the home in 2012, and has since renovated it into a single family dwelling. He said Page 2 of 4 Windward Planning Commission November 6, 2014 Minutes that the McCullys had no intention of running a bed and breakfast operation, and therefore, based on this request, the Planning Director recommended the revocation of Use Permit No. 167. Chairman Miyasato noted for the record that neither the Applicants nor any representative were present at the hearing. The Commissioners had no questions or discussion on the application. It was moved by Commissioner Ikeda and seconded by Commissioner Moses that the revocation of Use Permit No. 167 be approved based on the Planning Director’s recommendation. There was no discussion on the motion. The motion passed with six aye votes (Ikeda, Moses, Heaukulani, Henkel, Ono, Miyasato). This item ended at 9:32 a.m. 5.APPLICANT: SCOTT WATSON (Amend SMA 450) Applicant’s motion for reconsideration of decision by Windward Planning Commission, at its September 4, 2014 meeting, to deny applicant’s request to amend Condition 11 of Special Management Area (SMA) Use Permit No. 450 to change the 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 motion for reconsideration is made by the Applicant due to new information that did not exist or was unavailable at the time of the September 4, 2014 hearing, specifically, the Applicant’s attempt to secure a quitclaim deed from Continental Pacific, LLC to the County for a 10-foot wide pedestrian public access shoreline easement over the so-called remnant parcel makai of Lot 23. 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 9:32 a.m. with 20 people from the public in attendance. (SEE EXHIBIT C) At 9:48 a.m., it was moved by Commissioner Henkel and seconded by Commissioner Ikeda that the Commission go into executive session to consult with its attorney; however, the motion and second were subsequently withdrawn by Commissioners Henkel and Ikeda, respectively. At 10:04 a.m., it was moved by Commissioner Ikeda 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 Sections 92-4 and 92-5. A voice vote was taken of all Commissioners present, and motion carried with six aye votes. At 10:06 a.m. the Commission went into executive session. At 10:24 a.m., it was moved by Commissioner Ikeda and seconded by Commissioner Henkel that the Commission go out of executive session. A voice vote was taken of all Commissioners present, and motion carried with six aye votes. Page 3 of 4 Windward Planning Commission November 6, 2014 Minutes The hearing reconvened for regular session at 10:25 a.m. This item ended at 10:27 a.m. ADMINISTRATIVE MATTERS/ANNOUNCEMENTS - The Commission took up the following at 10:27 a.m. 1.Status of applications heard by Windward Planning Commission that are pending before County Council. Mr. Arai said that there was no report at this time. ADJOURNMENT – There being no further business, it was moved by Commissioner Ikeda and seconded by Commissioner Moses that the meeting be adjourned. Motion was unanimously carried by a voice vote of all Commissioners in attendance. Chairman Miyasato adjourned the meeting at 10:27 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary A T T E S T: Myles Miyasato, Chairman Windward Planning Commission Page 4 of 4 Windward Planning Commission November 6, 2014 Minutes