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Home My WebLink About2015-01-08 Windward Planning Commission Minutes WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES JANUARY 8, 2015 The Windward Planning Commission met in regular session at 9:02 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, and Donald Ikeda. ABSENT & EXCUSED: Raylene Moses and Stephen Ono. ALSO PRESENT: Duane Kanuha (Planning Director), Danny Patel (Deputy Corporation Counsel for the Windward Planning Commission), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner), Maija Cottle (Staff Planner), Christian Kay (Staff Planner), Lucas Mead (Staff Planner), Sarah Hata-Finley (Commission 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 and went over the procedure for public testimony. STATEMENTS FROM THE PUBLIC – No statements were presented under this section of the agenda. 1.APPLICANT:STEVEN SHROPSHIRE, SHROPSHIRE GROUP, LLC(SMA 14-058) Continued hearing on the 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 this item up at 9:03 a.m. with 20 people from the public in attendance. At 9:59 a.m., it was moved by Commissioner Miyasato and seconded by Commissioner Ikeda 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)(4). A voice vote was taken of all Commissioners present, and motion carried with four aye votes. At 10:03 a.m., the Commission went into executive session. At 10:16 a.m., it was moved by Commissioner Miyasato and seconded by Commissioner Heaukulani that the Commission go out of executive session. A voice vote was taken of all Commissioners present, and motion carried with four aye votes. Page 1 of 4 Windward Planning Commission January 8, 2015 Minutes The hearing reconvened for regular session at 10:18 a.m. (SEE EXHIBIT A) This item ended at 10:19 a.m. 2.APPLICANT: CORPORATION OF THE PRESIDING BISHOP, THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS (SPP 14-170) Application for a Special Permit to develop and operate a one-story meetinghouse (church) and related improvements on approximately 9.508 acres of land situated within the State Land Use Agricultural District. The project site is located adjacent to the east of the Hilo Coffee Mill near Mile Marker 13 on Volcano Road (State Highway 11), ‛Ōla‘a Reservation Lots, Puna, TMK: 1-7-010: 015. The Commission took this item up at 10:19 a.m. with 20 people from the public in attendance. (SEE EXHIBIT B) This item ended at 10:30 a.m. 3.INITIATOR: PLANNING DIRECTOR (SPP 1078 and SMA 408) Hearing regarding non-compliance with conditions of approval of Special Permit No. 1078 (SPP 1078) and Special Management Area Use Permit No. 408 (SMA 408). SPP 1078 and SMA 408 were issued to John and Michele Gamble to allow the establishment of an 8- bedroom Inn within a then-proposed addition to an existing single family dwelling situated within the Special Management Area (SMA) and the State Land Use Agricultural District. The property is located on the makai side of Māmalahoa Highway (State Highway 19) approximately 1,200 feet southeast of Honomū Road, Honomū, South Hilo, TMK: 2-8- 013:portion of 038. The Commission took this item up at 10:31 a.m. with 19 people from the public in attendance. (SEE EXHIBIT C) This item ended at 11:24 a.m. Chairman Miyasato called a recess at 11:24 a.m., and the meeting was reconvened at 11:33 a.m. 4.CLAIMANTS: PUNA PONO ALLIANCE, PELE DEFENSE FUND, SIERRA CLUB- MOKU LOA GROUP, OHANA HO‛OPAKELE, MALU ‛AINA, et. al. 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 geothermal impact mitigation project: Psycho-social Impact and Community Wellbeing Study - $293,760 a. Page 2 of 4 Windward Planning Commission January 8, 2015 Minutes Funding to conduct a baseline and prospective psycho-social impact assessment on the Big Island of Hawai‛i in order to identify both past, existing and potential adverse impacts upon Native Hawaiians associated with the development of geothermal energy generation facilities. The claim also includes a request that the Windward Planning Commission establish a Native Hawaiian Health Study Review Board that will provide advice in the conduct of the study and keep the Windward Planning Commission informed as to the progress of the study. The Commission took this item up at 11:33 a.m. with 16 people from the public in attendance. (SEE EXHIBIT D) This item ended at 12:29 p.m. MINUTES – The Commission took this item up at 12:30 p.m. Approval of Minutes of the December 4, 2014 meeting – It was moved by Commissioner Ikeda, and seconded by Commissioner Henkel, that the minutes of December 4, 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 12:30 p.m. 1.Status of applications heard by Windward Planning Commission that are pending before County Council. Mr. Kanuha stated that County Council Bill No. 266 (re: submission of the preliminary plat and final plat for an application for subdivision) passed at the Planning Committee the day before. Mr. Arai updated the Commission on the status of the Planning Director Initiated Bill relating to zoning district regulations for dwellings within the MCX zoning district. He informed the Commission that the matter was continued by the County Council at the call of the Chair to allow the Planning Director to address some of the concerns expressed by Council Members, primarily being the potential use conflicts between industrial and residential types of uses. Mr. Arai stated that the next Commission meeting will be on February 5, 2015, and there was currently one item on the agenda; however, there may also be a General Plan Amendment added to the agenda regarding the LUPAG Map designation in the Kea‛au Town area. 2.The Commission anticipates convening an executive meeting pursuant to Section 92- 5(a)(4), Hawai‘i Revised Statutes, for the purpose of consulting with the Commission’s attorney on questions and issues pertaining to the Commission’s powers, duties, privileges, immunities, and liabilities regarding Scott Watson and Hilo Project, LLC’s Page 3 of 4 Windward Planning Commission January 8, 2015 Minutes appeal to the Third Circuit Court, Civil No. 14-1-0470, from the Commission’s recent denial of their 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. 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. At 12:33 p.m., it was moved by Commissioner Miyasato 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)(4). A voice vote was taken of all Commissioners present, and motion carried with four aye votes. At 12:40 p.m., the Commission went into executive session. At 12:58 p.m., it was moved by Commissioner Miyasato 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 four aye votes. The hearing reconvened for regular session at 1:00 p.m. 3. Election of Officers for 2015 It was moved by Commissioner Heaukulani and seconded by Commissioner Henkel to nominate Myles Miyasato as Chairman of the Windward Planning Commission for the year 2015. Motion was unanimously carried by a voice vote of all Commissioners in attendance. It was moved by Commissioner Henkel and seconded by Commissioner Ikeda to nominate Raylene Moses as Vice-Chairman of the Windward Planning Commission for the year 2015. Motion was unanimously carried by a voice vote of all Commissioners in attendance. ADJOURNMENT – There being no further business, it was moved by Commissioner Ikeda 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 1:02 p.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 January 8, 2015 Minutes