2021-06-16 Leeward Planning Commission Minutes

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It was moved by Commissioner Yates and seconded by Commissioner Kanuha that public testimony be closed. Commissioner Van Pernis opined that public testimony for item 1 should not be closed because a testifier alleged the applicant's noncompliance with the public notice requirement that is for the purpose of allowing public participation, and that if the hearing was deferred, the opportunity for public testimony should be kept open. Chairman Vitousek responded that the motion meant that the testifiers had had their opportunity to speak and there would be no further testimony at this meeting, but that during the application hearing the Commission would still consider what had been raised by the testifiers. Deputy Corporation Counsel Schlueter also clarified that the Commission had to conclude the public testimony section of the agenda by closing it in order to move onto the next agenda item, and that the public testimony section was intended for fact finding and not for debate or discussion. A vote was taken by show of hands, and the motion carried with four ayes (Yates, Kanuha, DeFranco, and Vitousek) and one no (Van Pernis). NEW BUSINESS 1. APPLICANT: COUNTY OF HAWAII DEPARTMENT OF PARKS AND RECREATION (SMA 21-000080) Application for a Special Management Area(SMA) Use Permit to allow facility improvements and American with Disabilities Act(ADA) upgrades to the existing Magic Sands Beach Park, which includes demolition of the existing comfort station, construction of a new ADA compliant comfort station, construction of ADA compliant parking spaces, new showers, new accessible picnic table and grill area, new accessible walkways and ramps connecting the park to Alii Drive, utility improvements, waterline improvements, and pavement restriping. The proposed improvements will occur on the 0.43-acre Magic Sands Beach Park property as well as within the Alii Drive right-of-way fronting the subject properties. The properties are located makai of Alii Drive, approximately 538 feet north of its intersection with La`aloa Avenue, Kapala`alaea 2nd, North Kona District, Hawaii, TMK(s): (3) 7-7-008:017, 094, 107 & (3) 7-7-010:036. The Commission took up this item at 11:01 a.m. Action: It was moved by Commissioner Van Pernis and seconded by Commissioner DeFranco that the application for Special Management Area Use Permit, Docket number 21-000080, be approved. Chairman Vitousek moved to amend the motion to include the following revisions to the recommended conditions of approval: 1) Alter Condition 8 to read, "The applicant shall adhere to the conditions of the State Historic Preservation Division approved preservation plan and establish a reasonable buffer around Site 21220 (Ku`ula)using appropriate signage and other markers which will remain in place until construction is completed"; and, 2) add a condition to require the applicant to create an overall master plan for the use of Magic Sands, La`aloa, and Kipapa Park within five years from the effective date of this permit. Commissioner Yates seconded the subsidiary motion. A roll call vote on the subsidiary motion was taken, and the subsidiary motion carried with five ayes (Vitousek, Yates, DeFranco, Kanuha, and Van Pernis) and no noes. A roll call vote on the main motion as amended was taken, and the motion carried with five ayes (Van Pernis, DeFranco, Kanuha, Yates, and Vitousek) and no noes. 2 Leeward Planning Commission June 16,2021,Meeting Minutes