HomeMy WebLinkAbout2016-01-29 Windward Planning Commission Minutes - Site Visitation (Arrow & Rodrigues)
WINDWARD PLANNING COMMISSION
COUNTY OF HAWAI‘I
MINUTES (SITE VISITATION)
JANUARY 29, 2016
The Windward Planning Commission conducted a site visitation regarding the applications for
ARROW OF OREGON/HAWAIʽI, LLC (Amend SPP 09-076) and DAVID AND LAURA
RODRIGUES (SPP 15-178)
with Chairman Charles Heaukulani presiding.
COMMISSIONERS PRESENT: Charles Heaukulani, Gregory Henkel, Donald Ikeda, Myles
Miyasato, and Raylene Moses.
ABSENT AND EXCUSED: Donn Dela Cruz.
PARTIES PRESENT: Roy Vitousek, III (Attorney for Applicant Arrow of Oregon/Hawaiʽi),
David and Laura Rodrigues (Applicants for SPP 15-178), Thomas L. H. Yeh (Attorney for
Intervenor HOVE RMC), Laura Foster (Representing Intervenor HOVE RMC), Amy Self
(Deputy Corporation Counsel for the Planning Director), and Duane Kanuha (Planning Director).
ALSO PRESENT: Danny Patel (Deputy Corporation Counsel for the Windward Planning
Commission), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner), Sarah
Hata-Finley (Commission Secretary).
And 32 members from the public.
APPLICANT: ARROW OF OREGON/HAWAII, LLC (Amend SPP 09-076)
Continued hearing to conduct site inspection of locations pertinent to the Commission’s
consideration of the application for an amendment to Special Permit No. 09-076, which was
approved to allow a cinder and rock quarry operation on 5.003 acres of land situated within the
State Land Use Agricultural District. The amendment will add 8.009 acres for a total of 13.012
acres of land. The properties are located northwest of Mahimahi Drive, between Lurline Lane
and Liliana Lane within the Hawaiian Ocean View Estates Subdivision, Kahuku, Ka‘u, Hawai‘i,
TMK: 9-2-148:005, 006-010, 015, 016 & 036.
APPLICANTS: DAVID AND LAURA RODRIGUES (SPP 15-178)
Continued hearing to conduct site inspection of locations pertinent to the Commission’s
consideration of the application for a Special Permit to allow a cinder and rock quarry operation
on 5.003 acres of land situated within the State Land Use Agricultural District. The properties
are located on the northeast and southeast corners of Kailua Boulevard and Lurline Lane,
Hawaiian Ocean View Estates Subdivision, Kahuku, Ka‘u, Hawai‘i, TMKs: 9-2-142:020, 021,
022 & 9-2-145:047, 048.
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Windward Planning Commission
January 29, 2016 Minutes
Arrow of Oregon/Hawaiʽi, LLC (Amend SPP 09-076) and David & Laura Rodrigues (SPP 15-178) SITE VISITATION
Note: Both applications were consolidated into a single proceeding and for the purpose of the
site inspection considered concurrently.
Orientation
The orientation for the site inspection was held at the Hawaiian Ocean View Estates Road
Maintenance Corporation (“HOVE RMC”) Office located at 92-8979 Lehua Lane in Hawaiian
Ocean View Estates Subdivision, Kahuku, Kaʽu, Hawaiʽi. The orientation was called to order
by Chairman Heaukulani at 10:07 a.m.
A quorum was present. Chairman Heaukulani introduced members of the Commission and staff
to the public and went over the procedures for public testimony.
Mr. Darrow stated that the purpose of the site visit was to obtain information regarding the site
characteristics of the subject properties and immediately surrounding areas relative to the
requests and not to discuss the merits of the applications. Mr. Darrow then gave a brief overview
of the applications and location of the properties. Mr. Arai passed out the site inspection
proposed route map to the parties and the Commission (Exhibit “A”). Chairman Heaukulani
asked the parties to review the proposed route map. He stated that:
1.The first location would be at the corner of Lurline Lane and Kailua Drive to observe
the Rodrigues’ quarry;
2.The second location would be at the corner of Lurline Lane and Mahimahi Drive to
observe the intersection;
3.The third location would be east on Mahimahi Drive to observe the Arrow of
Oregon/Hawaiʽi (“Arrow”) permit area;
4.The Commission would proceed along Lurline Lane and ʽŌhiʽa Drive to the corner of
ʽŌhiʽa Drive and Liliana Lane to observe the intersection;
5.The Commission would proceed south on Liliana Lane to the Arrow quarry driveway
entrance along Mahimahi Drive to observe the Arrow quarry operations; and
6.The Commission would return to the corner of Lurline Lane and Kailua Drive.
Chairman Heaukulani granted Mr. Yeh’s request to add a site between the first two stops along
Lurline Lane (between Item Nos. 1 and 2 above) which was a driveway previously used by
Arrow and not a part of the subject application. The Chair also granted Mr. Rodrigues’ request
to add a location as the Commission came down Kailua Drive that would give the Commission a
vantage point to view the upper corners of his properties (after Item No. 6 above).
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Arrow of Oregon/Hawaiʽi, LLC (Amend SPP 09-076) and David & Laura Rodrigues (SPP 15-178) SITE VISITATION
There were eleven members of the public signed up to testify, and Chairman Heaukulani
confirmed with each of the testifiers that they were not board members of HOVE RMC.
1.Suzanne Mendenhall of Ocean View testified in support of the applications and stated
that closing the cinder pits created a personal hardship as she used the cinder to
maintain her driveway that gets washed away repeatedly during severe rain and to
maintain and landscape her property.
2.Steven Brix of Ocean View testified in support of the applications and would like to
see the quarry operations continue.
3.Tito Haggardt of Ocean View testified that egress from the cinder pits was approved
by a previous road maintenance board and felt that egress from the cinder pits was not
a matter for the board unless there was an issue with public safety. He also expressed
that the proposed map did not necessarily represent serious issues of safety adding
that there were two accidents where lives were lost as a direct result of cinder mining.
4.Schaunlee Blaine of Ocean View testified in support of the applications and stated
that getting cinder anywhere else was cost exorbitant.
5.Scott Winnop of Ocean View testified in support of the applications and stated that
when he got cinder elsewhere, the product was terrible and expensive. He felt that
the cinder pits were good for the local community.
6.Ralph Roland of Ocean View felt that the community was not being engaged in this
process in a meaningful way. He stated that cinder mining was necessary but also
expressed his frustration and concern that the “whole story” was not identified. He
would also like to see “regulatory consideration” given to truck operators.
7.Bill Shock of Ocean View testified in support of the applications. He stated that the
cinder pits were necessary because Ocean View was an agricultural community.
8.Ted Whip of Ocean View testified in support of the applications stating that the
community needed soil and water as an agricultural community.
9.Richard Crook of Ocean View testified in support of the applications stating that the
cinder pits were necessary for the community.
10. Robert McNut of Ocean View testified in support of the applications stating that the
community wanted the cinder pits back.
11.Wayne Greenwood of Ocean View testified in support of the applications and felt the
cinder pits were needed in the community.
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Windward Planning Commission
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Arrow of Oregon/Hawaiʽi, LLC (Amend SPP 09-076) and David & Laura Rodrigues (SPP 15-178) SITE VISITATION
It was moved by Commissioner Henkel, and seconded by Commissioner Moses, that public
testimony be closed. The motion was unanimously carried with a voice vote of all
Commissioners present.
Chairman Heaukulani went over the procedures for the site inspection. He said that, as
Chairman, the Commissioners and the parties would only be able to speak as he directed and that
only Commissioners could ask limited questions seeking clarification of site features, as detailed
questioning should be presented at the hearing on February 4, 2016. Only one Commissioner
would be allowed to speak at a time, and there would be no public testimony during the site
inspection.
At 10:43 a.m., the orientation was concluded. The Commission left the HOVE RMC office at
10:50 a.m. to proceed to the first site.
Site Inspection
The Commissioners, parties, and approximately 10 members of the public attended the site
inspection portion of the meeting.
The site inspection began at 11:04 a.m. at the corner of Lurline Lane and Kailua Drive to observe
the Rodrigues quarry. Mr. Darrow gave a brief description of the properties and also pointed out
the cinder quarries which were not involved with the subject applications.
The Commission then walked up Kailua Boulevard to gain a better vantage point to observe the
Rodrigues’ properties. Mr. Rodrigues clarified his property boundaries for the Commission.
\[Mr. Rodrigues’ addition to the proposed route.\]
Thereafter, the Commission walked up Lurline Lane \[Mr. Yeh’s addition to the proposed route\]
and identified a location previously used by Arrow which was not part of the subject application.
Mr. Darrow informed the Commission which properties belonged to Mark Jernigan and also
identified a 5-acre piece owned by HOVE RMC which was no longer actively mined.
The Commission proceeded to the corner of Lurline Lane and Mahimahi Drive to observe the
intersection. Upon Chairman Heaukulani’s inquiry, Mr. Darrow stated that it was his
understanding that Arrow’s main ingress and egress was from Liliana Lane to ʽŌhiʽa Drive and
then, as clarified by an Arrow representative \[Robert Unger\], down Marlin Boulevard.
Mr. Darrow also pointed out Mr. Jernigan’s ingress and egress as requested by Mr. Vitousek.
The Commission then went east along Mahimahi Drive to the entrance of the Mark Jernigan
quarry. Mr. Darrow oriented the Commission which properties belonged to HOVE RMC, Mark
Jernigan, and Arrow as well as the boundary lines of those properties.
Walking up further on Mahimahi Drive towards Liliana Lane, the Commission observed the
Arrow properties pertaining to its original Special Permit as well as the properties they requested
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Arrow of Oregon/Hawaiʽi, LLC (Amend SPP 09-076) and David & Laura Rodrigues (SPP 15-178) SITE VISITATION
to be added in their amendment request. Upon Mr. Rodrigues’ inquiry, Ms. Foster pointed out
the portion of road recommended to be taken down by Mr. \[Robert\] Thomas.
The Commission then went to the intersection of Liliana Lane and ʽŌhiʽa Drive to observe the
intersection. Mr. Darrow informed the Commission where the Arrow properties were located.
The Commission proceeded to the south on Liliana Lane to Arrow’s quarry driveway entrance
along Mahimahi Drive. Mr. Darrow stated that this was the site of the original Arrow Special
Permit. Commissioner Miyasato clarified with Mr. Unger that Arrow did not permit customers
to bring personal vehicles there.
Upon Mr. Kanuha’s inquiry, Mr. Darrow described to the Commission where the home of
Debbie Sheldon and Jon Dancel was in relation to the applications as they both had testified at
the last hearing \[January 7, 2016\] regarding the dust generated by the quarries. Chairman
Heaukulani requested to see the entrance of the Rodrigues’ quarry.
The Commission, thus, proceeded to Lurline Lane between Kailua Boulevard and Palm Parkway
to the entrance of the Rodrigues’ quarry. Mr. Darrow familiarized the Commission where the
boundaries of the Rodrigues’ properties were and pointed out where the property pins were
located. Mr. Rodrigues also identified trees which were on the boundary line. Upon
Commissioner Miyasato’s inquiry, Mr. Rodrigues stated that he had previously allowed
customers to pick up material from the site. Mr. Rodrigues pointed out Ms. Sheldon’s properties
per Commissioner Moses’ request.
At 12:12 p.m., it was moved by Commissioner Miyasato and seconded by Commissioner Ikeda
th
to conclude the site visitation and recess until the Commission’s February 4 meeting in Hilo.
The motion was unanimously carried by a voice vote of all Commissioners present.
Chairman Heaukulani announced that the matter will be reconvened at 10 a.m. on February 4,
2016, at the Aupuni Center Conference Room, 101 Pauahi Street in Hilo and that anyone
wishing to give public testimony will be allowed to do so then.
The site visitation concluded at 12:12 p.m.
Respectfully submitted,
Sarah Y. Hata-Finley, Secretary
A T T E S T:
Charles Heaukulani, Chairman
Windward Planning Commission
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January 29, 2016 Minutes
Arrow of Oregon/Hawaiʽi, LLC (Amend SPP 09-076) and David & Laura Rodrigues (SPP 15-178) SITE VISITATION