2020-10-15 Leeward Planning Commission Minutes

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Chair Carr Smith reconfirmed with staff that those applications were set for a hearing at the November 19, 2020, meeting, as far as the Commission was concerned. With respect to Chair Carr Smith's concern about the meeting length, Commissioner Vitousek spoke of his experience with the state Board of Land and Natural Resources where the board would remove a controversial item from the agenda to force the applicant to talk to their opposing parties and the government agencies prior to being heard by the board. He suggested that the Commission could determine based on public testimony whether it might make the hearing go more efficiently to have the applicant meet with the community and the Planning Department prior. Chair Carr Smith questioned if the Commission has the right to do so. Mr. Darrow responded that the Planning Department could request applicants to do so; however, there are specific time frames in which applications must be heard by the Commission, and if the applicant is not amenable to an extension, the Commission can find itself facing automatic approval. Commissioner Vitousek said that if the applicant was not willing, then the application would proceed to a hearing as is, which is what the Board of Land and Natural Resources does. Mr. Darrow said that since the indication of potential controversy is often apparent at early stage, the Planning Department does strongly encourage the applicant to meet with the community in such cases. He said that applicants also often assure the Planning Department that they have done so but cannot come to an agreement with the community. Commissioner Vitousek also suggested that an amendment to the Planning Commission Rule 9 and/or other appropriate sections be considered so that when the Commission reviews a time extension request, factors such as the passage of time, changes in the community and the environment shall be considered. He cited the federal regulation, 36 CFR Part 800, requiring that the effects of development on historic properties be re-evaluated after time because of the environment changes. Mr. Yoshimoto cautioned the Commission against discussing matters that were not on the meeting agenda. Commissioner Vitousek requested the matter be placed on a future agenda. Mr. Darrow responded that the staff was working on amendments to the Planning Commission Rules 8 and 9 based on Senate Bill 2060, which had amended Section 205A of Hawaii Revised Statutes; that would be a good time to consider such amendments to those rules as well. ADJOURNMENT There being no further business, it was moved by Commissioner Yates and seconded by Commissioner Kealoha that the meeting be adjourned. A voice vote was taken, and the motion carried with all in favor. Chair Carr Smith adjourned the meeting at 5:25 p.m. Respectfully submitted, Noriko Sauer, Secretary ATTEST: Nancy Carr Smith, Chairperson Leeward Planning Commission 5