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Home My WebLink About2018-05-03 Windward Planning Commission MinutesWINDWARD PLANNING COMMISSION COUNTY OF HAWAII MINUTES MAY 3, 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, Donald Ikeda, Thomas Raffipiy, John Replogle. ABSENT & EXCUSED: Donn Dela Cruz. ALSO PRESENT: Michael Yee (Planning Director), Malia Ho Hall (Deputy Corporation Counsel for the Windward Planning Commission), Jeff Darrow (Planning Program Manager), Maija Jackson (Planner), Christian Kay (Planner), Shancy Watanabe (Planner) (to 11:13 a.m.), Bethany Morrison (Planner) (from 11:18 a.m. to 12:44 p.m.), Melissa Dacayanan (Planning Commission Support Technician) (to 12:25 p.m.), 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. STATEMENTS FROM THE PUBLIC — No statements were presented under this section of the agenda. APPLICANT: TAYLOR SUMMERS AND AMBER MITCHELL (SPP 18-000196) Application for a Special Permit to allow the establishment of a 2 -bedroom bed and breakfast operation and community commercial kitchen on 1.00 -acre of land situated within the State Land Use Agricultural District. The subject property is located on the northeast (makai) side of 5th Avenue, about 1,400 feet northwest of the intersection of 5th Avenue and Kaloli Drive, Hawaiian Paradise Park subdivision, Puna, Hawaii, TMK: (3) 1-5-053:139. The Commission took this item up at 9:02 a.m. with 37 people from the public in attendance. (SEE EXHIBIT A) This item ended at 9:34 a.m. 2. APPLICANT: CELLCO PARTNERSHIP DBA VERIZON WIRELESS (USE 17-000074) Continued hearing on an application for a Use Permit to allow the construction of a new, non -manned telecommunication facility, consisting of a 155 -foot tall steel monopine Page 1 of 4 Windward Planning Commission May 3, 2018 Minutes tower, retaining wall, 6 -foot tall fencing and related facilities within a 1,050 -square foot lease area on a 33,106 -square foot parcel, situated in the County's Agricultural 1 -acre (A -la) zoning district. The subject property is located at 15-1463 21st Avenue, approximately 1,700 feet north of the Kaloli Drive — 21st Avenue intersection, Hawaiian Paradise Park, Kea`au, Puna, Hawaii, TMK: (3) 1-5-038:013. The Commission took this item up at 9:34 a.m. with 53 people from the public in attendance. (SEE EXHIBIT B) This item ended at 10:40 a.m. Chair Clarkson called a recess at 10:41 a.m., and the meeting was reconvened at 10:55 a.m. 3. APPLICANT: HU HONDA BIOENERGY LLC (SMA 221) Consideration and Adoption of Proposed Second Supplemental Findings of Fact, Conclusions of Law and Decision and Order of the Commission to reflect that Outfall 001 will not be replaced or repaired, and therefore will not affect the public shoreline. The Proposed Second Supplemental Findings of Fact, Conclusions of Law and Decision and Order of the Commission are being considered in response to 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 permit was amended in 2011 to allow 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 10:55 a.m. with 37 people from the public in attendance. (SEE EXHIBIT C) This item ended at 11:15 a.m. 4. HAMAKUA COMMUNITY DEVELOPMENT PLAN On December 19, 2016, the Hamakua Community Development Plan (CDP) Steering Committee recommended approval of a revised version of the March 2016 draft Hamakua CDP. After reviewing agency comments, the Planning Director has recommended revisions to the CDP. Pursuant to Section 2-28.1 of the Hawaii County Code, within sixty days after receipt of the Planning Director's recommendation on a draft community development plan or any amendment thereof, the Windward Planning Commission shall transmit the draft community development plan or any amendment with its recommendation through the Mayor to the County Council. Likewise, pursuant Page 2 of 4 Windward Planning Commission May 3, 2018 Minutes to Section 15.1 of the General Plan, the County Council may modify or amend the community development plan before enacting it by ordinance, but it shall give the Steering Committee and the Windward Planning Commission an opportunity to review and comment upon substantive amendments and modifications before final adoption of the plan. The purpose of this meeting and public hearing is to afford all interested persons a reasonable opportunity to comment on the Hamakua CDP and for the Commission to review the CDP and consider its recommendation to the County Council. The Commission took this item up at 11:15 a.m. with 29 people from the public in attendance. (SEE EXHIBIT D) This item ended at 12:44 p.m. MINUTES — The Commission took this item up at 12:45 p.m. Approval of Minutes of the April 5, 2018 Windward Planning Commission Meeting — It was moved by Commissioner Replogle, and seconded by Commissioner Ikeda, that the Minutes of April 5, 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 12:51 p.m. Review and discussion of recent Special Management Area (SMA) determinations and minor permits issued by the Planning Director. Ms. Jackson circulated a copy of the SMA monthly report for review and stated that staff was considering adding active violations to the report. Chair Clarkson expressed that he was in favor of seeing that addition to the report. ANNOUNCMENTS — At 12:52 p.m., the Commission, Director Yee, and Mr. Darrow discussed possible meeting logistics for the future Commission meeting in which the transient vacation rental matter that was recently heard at the County Council Planning Committee [Bill No. 108] would be discussed. The Commission had no objection to having a joint meeting with the Leeward Planning Commission to consider this matter. Upon inquiry by Commissioner Replogle, Mr. Darrow stated that the Planning Department had put in a budget request to get the Commission IPads to replace the voluminous amount of paper that was used for their reports. Mr. Darrow said that he would keep the Commission informed of any progress in the matter. Page 3 of 4 Windward Planning Commission May 3, 2018 Minutes ADJOURNMENT — There being no further business, it was moved by Commissioner Raffipiy and seconded by Commissioner Ikeda that the meeting be adjourned. Motion was unanimously carried by a voice vote of all Commissioners in attendance. Chairman Clarkson adjourned the meeting at 12:57 p.m. ATTEST: Joseph Clarkson, Chairman Windward Planning Commission Respectfully submitted, Sarah Y. Hata-Finley, Secretary Page 4 of 4 Windward Planning Commission May 3, 2018 Minutes