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Home My WebLink About2018-09-06 Windward Planning Commission MinutesWINDWARD PLANNING COMMISSION COUNTY OF HAWAII MINUTES SEPTEMBER 6, 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 (to 12:54 p.m.), Thomas Raffipiy, John Replogle. ABSENT & EXCUSED: Donald Ikeda. ALSO PRESENT: Michael Yee (Planning Director), Daryn Arai (Deputy Planning Director) (to 2:54 p.m.), Amy Self (Deputy Corporation Counsel to the Windward Planning Commission) (to 3:19 p.m.), Malia Ho Hall (Deputy Corporation Counsel for the Windward Planning Commission), Jeff Darrow (Planning Program Manager) (from 2:30 p.m.), Maija Jackson (Planner), Shancy Watanabe (Planner) (from 9:00 a.m. to 12:21 p.m. and 2:01 p.m. to 3:31 p.m.), Esther Imamura (Planner), Kim Tanaka (Secretary) (to 11:09 a.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. 1. APPLICANT: SUISAN COMPANY, LTD. (AMEND SMA 06-000011) Application to amend Special Management Area Use Permit No. 06-000011, which was issued in 2006 to allow the replacement of two existing warehouse buildings, an existing office/warehouse building, maintenance storage building and a chill box with two new warehouse buildings, a new office building, parking and related improvements on 1.43 acres of land identified as TMK (3) 2-1-006:039. The proposed amendment includes a time extension to comply with Condition No. 2 (Construction Timeline), amendment of Condition No. 13 (Administrative Time Extension), and the addition of two parcels to the permit area identified as TMK 2-1-006:021 and 088. The properties are located between Kalanianaole Street and Kamehameha Avenue, Waiakea, South Hilo, Hawaii, TMKs: (3) 2-1-006:021, 039 and 088. 2. APPLICANT: SUISAN COMPANY, LTD. (REVOKE SMA 172) Request to revoke Special Management Area Use Permit No. 172, which was issued on December 18, 1981 to allow the construction of a freezer and cold storage facility and related improvements, including parking and landscaping on 2.04 acres of land in the Page 1 of 4 Windward Planning Commission September 6, 2018 Minutes Special Management Area. The property is located between Kalanianaole Street and Kamehameha Avenue, Waiakea, South Hilo, Hawaii, TMK: (3) 2-1-006:021. [Note: Item Nos. 1 and 2 were consolidated into one hearing.] The Commission took this item up at 9:02 a.m. with 14 people from the public in attendance. (SEE EXHIBIT A) These items ended at 9:17 a.m. 3. APPLICANT: JANICE OSHIRO (AMEND REZ 05-000016) Request for a 5 -year time extension to comply with Condition No. 2 (Complete Construction) and amend Condition No. 19 (Administrative Time Extension) of Ordinance No. 06 47, which reclassified the county zoning for approximately 28,002 square feet of land from the Single -Family Residential -10,000 square foot (RS -10) district to the General Commercial -10,000 square foot (CG -10) district in 2006. The subject property is located approximately 163 feet northeast of the Kilauea Avenue and Lanikaula Street intersection, Waiakea, South Hilo, Hawaii, TMK: (3) 2-2-028:030, 032 and 033. The Commission took this item up at 9:17 a.m. with 28 people from the public in attendance. (SEE EXHIBIT B) This item ended at 9:25 a.m. Chair Clarkson called a recess at 9:25 a.m., and the meeting was reconvened at 9:31 a.m. 4. INITIATOR: COUNTY COUNCIL (BILL NO. 108, DRAFT 4) An Ordinance amending Chapter 25, Article 1, Article 2, Article 4, and Article 5 of the Hawaii County Code 1983 (2016 edition, as amended), relating to short-term vacation rentals. The purpose of this bill is to manage the impacts of these short-term vacation rentals by: 1) defining where this use will be allowed; 2) establishing provisions and standards to regulate this use; and 3) providing an avenue for an existing use deemed to be improper by this ordinance, to apply for a nonconforming use certificate that would allow them to continue to operate in a non -permitted district. The County Council has referred Bill 108, Draft 4 to the Planning Director and the Windward and Leeward Planning Commissions for comment and recommendations. The Commission took this item up at 9:31 a.m. with 33 people from the public in attendance. Chair Clarkson called a recess at 11: 09 a. m., and the meeting was reconvened at 11:18 a. m. Chair Clarkson called a recess at 12:54 p.m., and the meeting was reconvened at 2: 01 p.m. Page 2 of 4 Windward Planning Commission September 6, 2018 Minutes (SEE EXHIBIT C) This item ended at 3:18 p.m. MINUTES — The Commission took this item up at 3:19 p.m. Approval of Minutes of the August 13, 2018 Meeting_— It was moved by Commissioner Replogle and seconded by Commissioner Raffipiy, that the Minutes of August 13, 2018, be approved as circulated. Motion was unanimously carried by a voice vote of all Commissioners in attendance. ADMINISTRATIVE MATTERS Review, deliberation, and comment regarding the request from the Hawaii County Charter Commission dated July 31, 2018. The County Charter Commission is requesting consultation from the Windward Planning Commission to review how the County Charter affects the Planning Commission's role and operations within the County, and any proposals it may have to amend the Charter. The Commission took this item up at 3:19 p.m. with 6 people from the public in attendance. After brief discussion, the Windward Planning Commission voted to provide two recommendations to the Charter Commission. The first recommendation was to delete all of Section 6-7.6. (Transitional Powers) and the last sentence of Section 6-7.5. (b) (Duties and Functions of the Windward and Leeward Planning Commissions), which states "The existing rules of practice and procedure of the Hawaii county planning commission, except for meeting places, shall apply to both commissions until the new uniform rules of practice and procedure are adopted." [Note: On April 1, 2009, the Hawai 'i County Planning Commission was split into two Planning Commissions, the Windward Planning Commission and the Leeward Planning Commission. The sections requested for deletion related to procedures for transitioning from one to two Planning Commissions and are no longer relevant. A uniform body of rules of practice and procedure was adopted by the Commissions and became effective on April 14, 2010. ] The second recommendation was to delete the last sentence of Section 6-7.3. (c), which states "In addition, the director of public works and the manager of the department of water supply, or their designated representatives, shall serve as ex -officio members of the windward planning commission, without power to vote." The Windward Planning Commission felt that it was not necessary to have ex -officio members since they do not have the power to vote and anyone from the public or county departments may participate at the Commission's public hearings. Ms. Jackson also asked the Commission whether they preferred to meet jointly or separately regarding rule changes. Chair Clarkson expressed that he liked the joint meetings. It was moved by Commissioner Raffipiy and seconded by Commissioner Aguinaldo that the Commission recommend the two proposed amendments for the County Charter referenced above Page 3 of 4 Windward Planning Commission September 6, 2018 Minutes to the County Charter Commission. The motion was unanimously carried by a voice vote of all Commissioners in attendance (Aguinaldo, Clarkson, Raffipiy, Replogle). 2. Discussion of recent Special Management Area (SMA) determinations, minor permits and enforcement action issued by the Planning Director. At 3:31 p.m., Ms. Jackson informed the Commission that no report was prepared for this month, and a report will be distributed next month. ANNOUNCEMENTS — There were no announcements. ADJOURNMENT — There being no further business, it was moved by Commissioner Replogle 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 3:31 p.m. ATTEST: Joseph Clarkson, Chairman Windward Planning Commission Respectfully submitted, Sarah Y. Hata-Finley, Secretary Page 4 of 4 Windward Planning Commission September 6, 2018 Minutes