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Home My WebLink About2015-03-05 Windward Planning Commission Minutes WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES MARCH 5, 2015 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 Vice Chair Raylene Moses presiding. COMMISSIONERS PRESENT: Raylene Moses, Charles Heaukulani, Gregory Henkel, Donald Ikeda, and Stephen Ono. ABSENT & EXCUSED: Myles Miyasato. ALSO PRESENT: Duane Kanuha (Planning Director), Danny Patel (Deputy Corporation Counsel for the Windward Planning Commission), William Brilhante (Assistant Corporation Counsel for the Planning Director), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner, 9:01 a.m.-10:28 a.m.), Maija Jackson (Staff Planner, 9:01 a.m-10:28 a.m.), and Sarah Hata-Finley (Commission Secretary). A quorum was present. Mr. Kanuha presented Commissioner Ono with the Mayor’s Certificate of Appreciation, and Ms. Jackson gave Commissioner Ono a lei on behalf of the Planning Department, in appreciation for his term as a Commissioner. Madam Chair Moses introduced Windward Planning Commissioners and staff to members of the public, and went over the procedures for public testimony. STATEMENTS FROM THE PUBLIC – No statements were presented under this section of the agenda. 1.APPLICANT: MOANIALA HOLDINGS, LLC (formerly HILO HILLSIDE CORP) (Amend REZ 738) Request for amendments to Conditions B (water commitment payment), C (time extension to secure Final Subdivision Approval for remaining phases and deletion of a construction bond to construct the Kupulau Street extension), D (construction of Kawailani Street and Kupulau Street extensions), and H (fair share credits for road improvements) of Change of Zone Ordinance 08 115, which amended Ordinance 93 36, which rezoned approximately 170 acres from Agricultural-20 acre (A-20a), Agricultural-10 acres (A-10a), and Agricultural-3 acres (A-3a) to Residential and Agricultural-1 acre (RA-1a). The property is located along the south side of the Puainako Street Extension, southwest of the Sunrise Estates Subdivision, st Increment I, Kūkūau 1, South Hilo, Hawai‘i, TMK 2-4-082:001-56, 58-61 (formerly 2-4- 008: por. 014 and 026). The Commission took this item up at 9:03 a.m. with 14 people from the public in attendance. (SEE EXHIBIT A) Page 1 of 5 Windward Planning Commission March 5, 2015 Minutes This item ended at 9:34 a.m. 2.APPLICANT: KATHRYN TYDLACKA (SPP 14-172) Application for a Special Permit application to allow the establishment of a charter school and related uses for 65 students within an existing facility situated on 3.69 acres of land within the State Land Use Agricultural District. The property is located at 94-1572 Kaulua Circle, Discovery Harbour Subdivision, Unit I, Ka’u, Hawai‘i, TMK: 9-4-001:019. The Commission took this item up at 9:35 a.m. with 15 people from the public in attendance. (SEE EXHIBIT B) This item ended at 9:50 a.m. 3.APPLICANT: HĀMĀKUA HARVEST, INC. (SPP 14-175) Application for a Special Permit to allow the establishment of a farmer’s market on a 6.7- acre portion of two parcels totaling 32.96 acres of land situated within the State Land Use Agricultural District. The subject property is located northeast of the Hawai‘i Belt Road (Hwy 19) and Honoka‘a-Waipi‘o Road (Māmane Street) intersection, Pā‘auhau, Hāmākua, Hawai‘i, TMKs: 4-4-005:008 & 009. The Commission took this item up at 9:50 a.m. with 8 people from the public in attendance. (SEE EXHIBIT C) This item ended at 10:09 a.m. Madam Chair Moses called a recess at 10:10 a.m., and the meeting was reconvened at 10:17 a.m. 4.APPLICANT: ELIZABETH J. HULTMAN-SALFEN (SPP 14-174) Application for a Special Permit to allow a 10,000 square-foot portion of a one-acre property for a parking area for a tree trimming business situated in the State Land Use Agricultural District. The property is located in the Hawaiian Paradise Park Subdivision at the northwest rd corner of Maku‛u Drive and Naupaka (23) Avenue, approximately 1.4 miles from the Kea´au-Pāhoa Road intersection, Kea´au, Puna, Hawai´i, TMK: 1-5-022:140. The Commission took this item up at 10:17 a.m. with 20 people from the public in attendance. (SEE EXHIBIT D) This item ended at 10:28 a.m. Page 2 of 5 Windward Planning Commission March 5, 2015 Minutes 5.INITIATOR: PLANNING DIRECTOR (GPA 14-002) Amendment to Map 14 of the Land Use Pattern Allocation Guide (LUPAG) Map of the County of Hawai‛i General Plan (adopted by Ordinance No. 05-025, as amended) by changing the land use designation for portions of Kea‛au Village and immediately surrounding Kea‛au Village from Low Density Urban and Important Agricultural Land to Urban Expansion Area at Kea‛au, Puna, Hawai‛i. The Commission took this item up at 10:28 a.m. with 15 people from the public in attendance. Mr. Arai requested that the Commission continue this matter to a later date at the discretion of the Planning Director. He informed the Commission that the Planning Department had conducted public workshops and was in the process of assessing the public comments and recommendations collected from those workshops. Mr. Arai said that the Planning Department would like additional time before bringing the matter back before the Commission, and asked that the Commission continue the matter. It was moved by Commissioner Ono and seconded by Commissioner Henkel that the matter be continued to a later date at the discretion of the Planning Director. The motion passed with 5 aye votes (Ono, Henkel, Heaukulani, Ikeda, Moses). This item ended at 10:28 a.m. 6.INITIATOR: WINDWARD PLANNING COMMISSION Discussion and action on a motion for reconsideration of that action by the Windward Planning Commission, at its January 8, 2015 meeting, to reject the claim adjuster’s recommendation regarding, and to authorize the release of funds from the Geothermal Asset Fund, for the following geothermal impact mitigation project: Claimants: Puna Pono Alliance, Pele Defense Fund, Sierra Club-Moku Loa Group, Ohana Ho‛opakele, Malu ‛Aina, et. al. Psycho-social Impact and Community Wellbeing Study - $293,760 a. 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 anticipates convening an executive meeting regarding Item No. 6 above, 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. A 2/3 vote pursuant to Hawai‘i Revised Statutes, Section 92-4 and Planning Commission Rule 1-5(e) is necessary to hold an executive meeting. Page 3 of 5 Windward Planning Commission March 5, 2015 Minutes The Commission took this item up at 10:30 a.m. with 18 people from the public in attendance. At 10:47 a.m., it was moved by Commissioner Heaukulani 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 Sections 92-5(a)(4). A voice vote was taken of all Commissioners present, and motion carried with five aye votes. At 10:50 a.m., the Commission went into executive session. At 11:04 a.m., it was moved by Commissioner Henkel and seconded by Commissioner Ikeda that the Commission go out of executive session. A voice vote was taken of all Commissioners present, and motion carried with five aye votes. The hearing reconvened for regular session at 11:07 a.m. (SEE EXHIBIT E) This item ended at 12:03 p.m. MINUTES – The Commission took this item up at 12:03 p.m. Approval of Minutes of the February 5, 2015 meeting – It was moved by Commissioner Henkel, and seconded by Commissioner Ikeda, that the minutes of February 5, 2015, 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 12:04 p.m. 1.Status of applications heard by Windward Planning Commission that are pending before County Council. Mr. Arai stated that the next Windward Planning Commission meeting will be held on April 2, 2015, and although initially there were seven items scheduled for the agenda, there currently was three items on the agenda. Mr. Arai updated the Commission on three bills concerning Planned Unit Developments (PUD) currently before the County Council which were previously heard before the Commission. Two of those bills relative to the creation of a Pāhoa Village Design District [Bill Nos. 282 and 283] had been suspended by the Council because of the lava flow. They were recently brought back for consideration as it was felt by the Council that the lava flow should not necessarily stop planning efforts. The other bill [Bill 281] proposed to transfer the processing of PUD applications from the Planning Director to the Planning Commission. Mr. Arai stated that these three bills are moving along in the County Council and that the Commission may see some affirmative action on these bills in the near future. Mr. Kanuha commented that Madam Chair Moses did a terrific job conducting the meeting. Page 4 of 5 Windward Planning Commission March 5, 2015 Minutes ADJOURNMENT – There being no further business, Madam Chair Moses adjourned the meeting at 12:07 p.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary A T T E S T: Raylene Moses, Chair Pro Tem Windward Planning Commission Page 5 of 5 Windward Planning Commission March 5, 2015 Minutes