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HomeMy WebLinkAbout2018-04-05 Windward Planning Commission ActionsWINDWARD PLANNING COMMISSION COUNTY OF HAWAII ACTIONS APRIL 5, 2018 APPLICANT: ROBERT EARL LEETCH (AMEND SPP 07-000042) Request for a 10 -year time extension to comply with Condition No. 3 (time to complete construction) of Special Permit No. 07-042, which allowed the establishment of a self - storage facility consisting of eleven (11) buildings and 320 storage units on 3.34 acres of land situated within the State Land Use Agricultural District. Additionally, the applicant requests to amend the permit to allow UHAUL truck and van rentals and packing materials sales at the self -storage facility. The property is located at 15-2737 Pahoa Village Road, adjacent to and south of the Assembly of God Church, approximately 670 feet north of the Pahoa Village Road and Apaa Street intersection, Keonepoko Homesteads, Puna, Hawaii TMK (3) 1-5-007:071. Approved with conditions. 2. APPLICANT: KELLY and JOANNE JARNESKI (REZ 18-000226) Application for a Change of Zone from an Agricultural -20 acres (A -20a) to an Agricultural -6 acres (A -6a) zoning district for approximately 40 acres of land. The subject properties are located on the west side of Akolea Road, about 550 feet north of the intersection of Kaumana Drive and Akolea Road, portion of Ponahawai-Kaumana Homesteads, South Hilo, Hawaii, TMK: (3) 2-5-047:033 and 034. Favorable recommendation to the County Council with conditions. 3. APPLICANT: HU HONDA BIOENERGY LLC (SMA 221) Discussion and action on the Intermediate Court of Appeal's Order of Partial Remand filed January 22, 2018 of the Final Judgment of the Third Circuit Court's Order filed on March 10, 2014, to the County of Hawaii Windward Planning Commission, for the narrow purpose of the Windward Planning Commission to address the impacts on the public shoreline with regard to repairing or replacing Outfall 001. Special Management Area Use Permit No. 221 was originally approved to allow the establishment of a coal storage area and a coal burning energy plant and related improvements. The approved amendment request allowed a change in fuel source from coal to biomass, to upgrade the existing facility and to construct support facilities and infrastructure at the former Pepe`ekeo Power Plant, Makahanaloa, South Hilo, Hawaii, TMK: (3) 2-8-8:104 (formerly 2-8-7: Portion of 53). The Commission denied standing for Claudia Rohr to participate in a contested case hearing in this partial remand as her petition was untimely and she had not established her interest as clearly distinguishable from that of the general public. The Commission will issue a second supplemental findings of fact, conclusions of law, and decision and order which will be adopted at the May Commission meeting. This second supplemental findings of fact, conclusions of law, and decision and order will state the Commission's findings that the Applicant will not repair or replace Outfall 001, and therefore, there will be no impacts on the public shoreline with regard to repairing or replacing Outfall 001. 4. PETITIONER: HU HONDA BIOENERGY LLC (SMA 221) Petition for a Declaratory Ruling on Condition No. 5 of Special Management Area Use Permit No. 221, which originally allowed the establishment of a coal storage area and a coal burning energy plant and related improvements, and which was amended to allow a change in fuel source from coal to biomass, to upgrade the existing facility and to construct support facilities and infrastructure. Condition No. 5 reads in part "Sound levels shall follow Department of Health rules for residential areas (55 dBA daytime), HAR, Title 11, Chapter 46 (Community Noise Control), and noise at the site property boundary shall be limited to 55 dBA at all times. " The property is located at the former Pepe`ekeo Power Plant, Makahanaloa, South Hilo, Hawaii, TMK: (3) 2-8-8:104 (formerly 2-8-7: Portion of 53). Issued a declaratory ruling that Condition No. 5 only applies to noise during plant operations, and does not include the noise produced during the construction of the plant itself. The Commission declined to make a declaratory ruling on part 2 of the Petitioner's request which states, "the sound limitations in Condition No. 5 apply to `normal' plant operations only, and not during emergency or other non -normal situations" because "normal" versus emergency or non -normal plant operations were never discussed in the proceedings that took place prior to the approval to amend SMA 221. Minutes of March 1, 2018 — Approved.