2022-11-17 Leeward Planning Commission Minutes

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There being no further public testimony at this time, Chairman Vitousek ended this agenda item at 10:08 a.m. and called a short recess. He called the meeting back to order at 10:14 a.m. UNFINISHED BUSINESS 1. APPLICANT: SUNSHINE HOLDINGS, LLC (PL-REZ-2022-000032) Application for a five (5)-year time extension to Condition D (Final Subdivision Approval), Amend Condition E(Restrictive Covenants) and Condition F (Restrictive Covenants) to prohibit condominium property regimes (CPR) and to delete the requirement to provide a copy of the recorded covenant prior to receipt of final subdivision approval, deletion of Condition G (Requirement of Conservation Plans to be Filed with the Kona Soil and Water Conservation District), amendment to Condition I(Drainage Study), addition of a condition requiring compliance with Chapter 10 of the Hawaii County Code (Erosion and Sedimentation Control), deletion of Condition J(Archaeological Survey), and amendment to Condition M (Fair Share Requirements) of Ordinance No. 98 91, which reclassified 21.353 acres of land from an Agricultural 20-acres (A-20a) to an Agricultural 5-acres (A-5a) zoned district. The subject property is located at 73-1735 Kaloko Drive, approximately 720 feet southeast of its intersection with Kaloko Loa Place, Kaloko Mauka Subdivision, Kaloko, North Kona, Hawaii, TMK: (3) 7-3-025:012. The Commission took up this item at 10:14 a.m. with seven people from the public in the audience. Commissioner Kanuha recused himself due to his property being adjacent to the subject property. One individual from the public provided testimony in person regarding this item. Action: It was moved by Commissioner Knowles and seconded by Commissioner Dela Cruz that a favorable recommendation be forwarded to the County Council, based on the Planning Director's recommendation. Chairman Vitousek moved to amend the motion to include the following condition: "An archaeological field inspection shall be submitted for the review and approval of the State Department of Land and Natural Resources—State Historic Preservation Division prior to the issuance of any land alteration permits or the submittal of plans for Final Subdivision Approval, whichever occurs first. If the Archaeological Field Inspection identifies historic properties, an Archaeological Inventory Survey shall be prepared. The Applicant shall implement any preservation measures, which shall be shown on the final plat map, as recommended in the Archaeological Inventory Survey or subsequent preservation plans." Commissioner Knowles seconded the subsidiary motion. A roll call vote was taken, and the subsidiary motion carried with five ayes (Vitousek, Knowles, DeFranco, Dela Cruz, and Paishon-Duarte), no noes, and one recused (Kanuha). A roll call vote was taken on the main motion as amended, and the motion carried with five ayes (Knowles, Dela Cruz, DeFranco, Paishon-Duarte, and Vitousek), no noes, and one recused (Kanuha). The hearing ended at 10:58 a.m. [SEE HEARING TRANSCRIPT EXHIBIT Q 2 Leeward Planning Commission November 17,2022,Meeting Minutes