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Home My WebLink About2018-04-05 Windward Planning Commission MinutesWINDWARD PLANNING COMMISSION COUNTY OF HAWAII MINUTES APRIL 5, 2018 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 Joseph Clarkson presiding. COMMISSIONERS PRESENT: Gilbert Aguinaldo, Joseph Clarkson, Donn Dela Cruz, Donald Ikeda, Thomas Raffipiy, and John Replogle. ALSO PRESENT: Michael Yee (Planning Director), Malia Ho Hall (Deputy Corporation Counsel for the Windward Planning Commission), Ronald Kim (Deputy Corporation Counsel for the Planning Director), Jeff Darrow (Planning Program Manager), Maija Jackson (Planner), Christian Kay (Planner), Shancy Watanabe (Planner), Melissa Dacayanan (Planning Commission Support Technician), and Sarah Hata-Finley (Commission Secretary). A quorum was present. Chairman Clarkson introduced Windward Planning Commissioners and staff to members of the public and went over the procedures for public testimony. At 9:02 a.m., Chairman Clarkson briefly summarized the items that were going to be on the agenda. STATEMENTS FROM THE PUBLIC — No statements were presented under this section of the agenda. 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 Pdhoa Village Road, adjacent to and south of the Assembly of God Church, approximately 670 feet north of the Pdhoa Village Road and Apaa Street intersection, Keonepoko Homesteads, Puna, Hawaii TMK (3) 1-5-007:071. The Commission took this item up at 9:04 a.m. with 54 people from the public in attendance. (SEE EXHIBIT A) This item ended at 9:18 a.m. Page 1 of 4 Windward Planning Commission April 5, 2018 Minutes 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. The Commission took this item up at 9:18 a.m. with 51 people from the public in attendance. (SEE EXHIBIT B) This item ended at 9:47 a.m. Chair Clarkson called a recess at 9:47 a.m., and the meeting was reconvened at 9:59 a.m. 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 took this item up at 9:59 a.m. with 58 people from the public in attendance. At 11:41 a.m., it was moved by Commissioner Dela Cruz 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 92-5. A voice vote was taken of all Commissioners present, and motion carried with six aye votes. Chair Clarkson stated that the Commission would recess for lunch after the executive session and the meeting would reconvene at 1:30 p.m. The room was cleared, and at 11:45 a.m., the Commission went into executive session. At 12:07 p.m., it was moved by Commissioner Ikeda and seconded by Commissioner Dela Cruz that the Commission go out of executive session. A voice vote was taken of all Commissioners present, and motion carried with six aye votes. Page 2 of 4 Windward Planning Commission April 5, 2018 Minutes (SEE EXHIBIT C) The hearing reconvened for regular session at 1: 30 p.m. This item ended at 1:34 p.m. 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). The Commission took this item up at 1:35p.m. with 33 people from the public in attendance. (SEE EXHIBIT D) This item ended at 3:19 p.m. MINUTES — The Commission took this item up at 3:20 p.m. Approval of Minutes of the March 1, 2018 Windward Planning Commission Meeting — It was moved by Commissioner Replogle, and seconded by Commissioner Raffipiy, that the Minutes of March 1, 2018, be approved as circulated. Motion was unanimously carried by a voice vote of all Commissioners in attendance. ADMINISTRATIVE MATTERS - The Commission took this item up at 3:21 p.m. Review and discussion of recent Special Management Area (SMA) determinations and minor permits issued by the Planning Director. Each Commissioner was provided a copy of the SMA monthly report for review. Ms. Jackson stated that the SMA monthly report also contained the SMA Short Forms issued by the Department. ANNOUNCMENTS — None. Page 3 of 4 Windward Planning Commission April 5, 2018 Minutes ADJOURNMENT — There being no further business, it was moved by Commissioner Dela Cruz and seconded by Commissioner Raffipiy that the meeting be adjourned. Motion was unanimously carried by a voice vote of all Commissioners in attendance. Chairman Clarkson adjourned the meeting at 3:23 p.m. ATTEST: Joseph Clarkson, Chairman Windward Planning Commission Respectfully submitted, Sarah Y. Hata-Finley, Secretary Page 4 of 4 Windward Planning Commission April 5, 2018 Minutes