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Home My WebLink About2017-01-05 Windward Planning Commission MinutesWINDWARD PLANNING COMMISSION COUNTY OF HAWAII MINUTES JANUARY 5, 2017 The Windward Planning Commission met in regular session at 9:00 a.m. in the County of Hawaii, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii, with Chairman Gregory Henkel presiding. COMMISSIONERS PRESENT: Joseph Clarkson, Donn Dela Cruz, Gregory Henkel, Donald Ikeda, and Myles Miyasato. ABSENT & EXCUSED: Raylene Moses. ALSO PRESENT: Daryn Arai (Deputy Planning Director), Malia Ho (Deputy Corporation Counsel for the Windward Planning Commission), Kelly Gomes (representing the Department of Public Works, from 9:37 a.m. to 10:18 a.m.), Jeff Darrow (Planning Program Manager), Maija Jackson (Staff Planner), Christian Kay (Staff Planner), and Sarah Hata-Finley (Commission Secretary). A quorum was present. Chairman Henkel 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: RHODES MOORE, LLC (formerly GRAPHIC IMAGES HAWAII, INC., FINANCE HOLDINGS, LTD. and TRI -ELECTRIC, INC.) (Amend REZ 840) Request to amend Condition C (Final Subdivision Approval), Condition G (Secure Letter of Map Revision from FEMA), and Condition Q (Fair Share Contribution) of Ordinance No. 12-111, which amended Ordinance No. 99 116, which amended Ordinance No. 96 159, which rezoned approximately 7.402 acres from the Single -Family Residential — 10,000 square feet (RS -10) district to the Neighborhood Commercial — 7,500 square feet (CN -7.5) district. The amendments to conditions relate to a 5 -year time extension to secure final subdivision or plan approval, the timing of installing drainage improvements on the property, and request for relief from fair share contribution provisions for an assisted living facility. The property is located on the southeast side of the intersection of Kanoelehua Avenue (State Highway 11) and East Kahaopea Street, Waiakea Homestead House Lots, South Hilo, Hawaii, TMK: 2-2-044:031, 032, 035 and 037. The Commission took this item up at 9:01 a.m. with 14 people from the public in attendance. (SEE EXHIBIT A) This item ended at 9:43 a.m. Page 1 of 4 Windward Planning Commission January 5, 2017 Minutes 2. APPLICANT: RHODES MOORE, LLC (USE 16-065) Application for a Use Permit to allow the establishment of a 120 -bed assisted living facility and related uses on 6.22 acres of land situated within the Neighborhood Commercial (CN - 7.5) zoning district. The property is located on the southeast side of the intersection of Kanoelehua Avenue (State Highway 11) and East Kahaopea Street, Waiakea Homestead House Lots, South Hilo, Hawaii, TMK: 2-2-044:032, 035 and 037. The Commission took this item up at 9:43 a.m. with 13 people from the public in attendance. (SEE EXHIBIT B) This item ended at 10:18 a.m. Chair Henkel called a recess at 10:18 a. m., and the meeting was reconvened at 10: 33 a. m. 3. INITIATOR: COUNTY COUNCIL (BILL NO. 227, DRAFT 2) An Ordinance amending Chapter 25, Article 1, Article 2, and Article 4 of the Hawaii County Code 1983 (2005 Edition, as amended), relating to Agricultural Tourism. The purpose of this bill is to amend the definition of "agricultural tourism" and include new definitions for "agricultural products" and "agriculturally -related products"; and defining requirements for plan approval review of and use regulations for agricultural tourism operations. The County Council is referring Bill 227, Draft 2 to the Planning Director and the Windward and Leeward Planning Commissions for comment and recommendations. The Commission took this item up at 10:33 a.m. with 5 people from the public in attendance. (SEE EXHIBIT C) This item ended at 11:15 a.m. 4. REQUESTOR: JAN MALASEK Discussion and action regarding a request by Jan Malasek to review a previous claim against the Geothermal Asset Fund that was filed with the Planning Commission on June 4, 2004, seeking compensation for the loss of income from orchard and nursery operations over a 7 - year period due to PGV activity in the amount of $27,494. The Planning Commission, at its September 2, 2005 meeting and pursuant to its rules, awarded compensation in the amount of $7,246. The property is located at 13-683 Leilani Avenue, approximately 1,600 feet south of the Leilani Avenue-Pohoiki Road intersection, Leilani Estates Subdivision, Keahialaka, Puna, Hawaii, TMK: 1-3-028:018. The Commission took this item up at 11:15 a.m. with 3 people from the public in attendance. At 11:22 a.m., it was moved by Commissioner Clarkson and seconded by Commissioner Dela Cruz 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 Page 2 of 4 Windward Planning Commission January 5, 2017 Minutes liabilities pursuant to Hawaii Revised Statutes, Section 92-5. A voice vote was taken of all Commissioners present, and the motion carried with five aye votes. At 11:23 a.m., the Commission went into executive session. At 11:35 a.m., it was moved by Commissioner Miyasato and seconded by Commissioner Ikeda that the Commission go out of executive session. A voice vote was taken of all Commissioners present, and the motion carried with five aye votes. The hearing reconvened for regular session at 11:36 a.m. (SEE EXHIBIT D) This item ended at 11:45 a.m. MINUTES — The Commission took this item up at 11:45 a.m. Approval of Minutes of the December 1, 2016 meeting — It was moved by Commissioner Dela Cruz, and seconded by Commissioner Clarkson, that the minutes of December 1, 2016, be approved as circulated. Motion was unanimously carried by a voice vote of all Commissioners in attendance. ADMINISTRATIVE MATTERS - The Commission took up the following at 11:45 a.m. Election of Officers for 2017 — It was moved by Commissioner Miyasato and seconded by Commissioner Dela Cruz that Commissioner Henkel be nominated for Chairman of the Windward Planning Commission for the year 2017. The nomination motion was unanimously carried by a voice vote of all Commissioners in attendance. It was moved by Commissioner Miyasato and seconded by Commissioner Henkel that Commissioner Clarkson be nominated for Vice -Chairman of the Windward Planning Commission for the year 2017. The nomination motion was unanimously carried by a voice vote of all Commissioners in attendance. ANNOUNCEMENTS — The following announcements were made at 11:48 a.m. Mr. Darrow stated that the next Commission meeting on February 1, 2017, tentatively had two items on the agenda. Upon Chair Henkel's inquiry, Mr. Darrow stated that the joint meeting of the Windward and Leeward Commissions was on hold. Deputy Director Arai announced that he was informed that Michael Yee had been confirmed as the Planning Director by the County Council. Page 3 of 4 Windward Planning Commission January 5, 2017 Minutes ADJOURNMENT — There being no further business, it was moved by Commissioner Miyasato and seconded by Commissioner Dela Cruz that the meeting be adjourned. Motion was unanimously carried by a voice vote of all Commissioners in attendance. Chairman Henkel adjourned the meeting at 11:50 a.m. ATTEST: Gregory Henkel, Chairman Windward Planning Commission Respectfully submitted, Sarah Y. Hata-Finley, Secretary Page 4 of 4 Windward Planning Commission January 5, 2017 Minutes