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HomeMy WebLinkAbout2023-06-15 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAI`I MINUTES JUNE 15, 2023 The Leeward Planning Commission met in regular session at 9:34 a.m. in the West Hawaii Civic Center, Council Chambers, Building A, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii, with Chairperson Barbara DeFranco presiding. This meeting was streamed live on YouTube. COMMISSIONERS PRESENT: Barbara DeFranco, Zaheva Knowles, Michael Dela Cruz, Clement"CJ" Kanuha III, and Michael Vitousek. ABSENT AND EXCUSED: Mahina Paishon Duarte. ALSO PRESENT: Sinclair Salas-Ferguson, Esq. (Counsel to the Commission), Jean Campbell, Esq. (Counsel to the Planning Department), Zendo Kern (Planning Director), Alex Roy (Planner), Christian Kay (Planner), Janice Hata(Zoom Host), Maija Jackson (Planning Program Manager), Noriko Sauer (Commission Secretary) and Melissa Dacayanan-Salvador (Commission Secretary). Approximately ten public members were in the audience. A quorum was present. Chairperson DeFranco called the meeting to order and introduced Commissioners and staff. Chairperson DeFranco stated it was their dear Secretary Noriko Sauer's last meeting today and has been a wonderful secretary who kept track of all the Leeward Planning Commission matters for a very long time and they will miss her. Director Kern honored and appreciated Noriko Sauer on behalf of the Leeward Planning Commission, the Planning Department, the Mayor's Office, and the entire County of Hawaii. He stated her service has been amazing and it has been an absolute pleasure to work with Noriko. He said, she is such a public servant and has a heart of gold and is always smiling and goes the extra mile. He presented a certificate of appreciation signed by Mayor Mitchell Roth and appreciation was shown to Noriko by presenting her with leis by some commissioners and staff in attendance. APPROVAL OF MINUTES At 9:38 a.m. the Commission took up the minutes of the May 19, 2023, Leeward Planning Commission meeting. No corrections were offered. It was moved by Commissioner Vitousek and seconded by Commissioner Knowles that the minutes be approved as submitted. A voice vote was taken, and the motion carried with all in favor. Page 1 of 4 Leeward Planning Commission June 15,2023 Minutes STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS At 9:39 a.m. Chairperson DeFranco explained the procedure for testifying and Planning Commission Rule 1-5 regarding decorum. Testifiers were given the options of speaking at this time or later at the time the specific agenda item was called to order. One individual provided testimony in person and three individuals provided testimony on Zoom regarding New Business Items No. 1 KA`UPULEHU LAND LLC(PL-SLU-2022-000008) , and No. 2 KA`UPULEHU LAND LLC (PL-REZ-2022-000039). [SEE TESTIMONY TRANSCRIPT EXHIBIT A] There being no further public testimony at this time, this agenda item ended at 10:14 a.m. NEW BUSINESS 1. APPLICANT: KAUPULEHU LAND LLC (PL-SLU-2022-000008) Application for a State Land Use Boundary Amendment from Agricultural to Rural for 2.653 acres of land. The subject property is located at 64-983 Mdmalahoa Highway, approximately one mile east of its intersection with Kawaihae Road, Pu`ukapu Homesteads, South Kohala, Hawaii, TMK: (3) 6-4-024:027 (por.). 2. APPLICANT: KAUPULEHU LAND LLC (PL-REZ-2022-000039) Application for a Change of Zone from an Agricultural-5 acre (A-5a) zoning district to a Neighborhood Commercial-10,000 square feet(CN-10) zoning district for 2.325 acres of land and from an Agricultural-5 acre (A-5a)zoning district to a Residential Agricultural- 0.5 acre (RA-0.5) zoning district for 3.024 acres of land. The subject property is located at 64-983 Mdmalahoa Highway, approximately one mile east of its intersection with Kawaihae Road, Pu`ukapu Homesteads, South Kohala, Hawaii, TMK: (3) 6-4-024:027. The Commission took up these two items simultaneously at 10:15 a.m. with approximately 10 public members in the audience. There were no in-person or Zoom testifiers for this agenda item. Action: It was moved by Commissioner Knowles and seconded by Commissioner Dela Cruz that a favorable recommendation be forwarded to the County Council on the application for State Land Use Boundary Amendment Permit No. PL-SLU-2022-000008, based on the Planning Director's recommendation. A roll call vote was taken, and the motion did not carry with two ayes (Dela Cruz and DeFranco), two noes (Knowles and Vitousek), one abstain (Kanuha) and one absent and excused (Paishon-Duarte). It was moved by Commissioner Knowles and seconded by Commissioner Vitousek that a favorable recommendation be forwarded to the County Council on Change of Zone Permit No. PL-REZ-2022-000029 based on the Planning Director's recommendation. A roll call vote was taken, and the motion did not carry with three ayes (Dela Cruz, Kanuha, and DeFranco), two noes (Knowles and Vitousek) and one absent and excused (Paishon-Duarte). Page 2 of 4 Leeward Planning Commission June 15,2023 Minutes Planning Program Manager Maija Jackson stated no decision was made on both items as both motions had failed. She cited the County Code states the Planning Commission needs to make a valid vote one way or another within 90 days after receipt of the application from the Planning Director. She mentioned an option would be to defer to the next hearing and see whether the votes change and if there is still not a valid vote on to be transferred to the County Council. It was moved by Commissioner Kanuha and seconded by Commissioner Vitousek to defer agenda Item No. 2 to the next Commission meeting. Commissioner Knowles inquired if it would be possible for the Commission to hear from a representative from the Department of Transportation. Director Kern stated a request will certainly be made. The applicant concurred with the deferral. A roll call vote was taken, and the motion carried with five ayes (Kanuha, Vitousek, Dela Cruz, Knowles, and DeFranco), no noes, and one absent and excused (Paishon- Duarte). It was moved by Commissioner Knowles and seconded by Commissioner Dela Cruz to defer agenda Item No. 1 to the next Commission meeting. The applicant concurred with the deferral. A roll call vote was taken, and the motion carried with five ayes (Knowles, Dela Cruz, Kanuha, Vitousek, and DeFranco), no noes, and one absent and excused (Paishon-Duarte). This item ended at 11:14 a.m.[SEE HEARING TRANSCRIPT EXHIBIT B] 3. APPLICANT: 1250 OCEANSIDE LLC (PL-REZ-2023-000042) Request to amend Condition M (Roadway Dedication) of Change of Zone Ordinance No. 96-08, which reclassified 683.592 acres of land from Agricultural-5 acres and Unplanned to an Agricultural-1 acre zoning district. The requested amendment would allow relief from the requirement to dedicate three (3)roadway segments to the County of Hawaii. The existing roadway segments are situated within the H&dli`a subdivision on TMK: (3) 8-1-004:070 and TMK: (3) 8-1-030:055 and the subject ordinance also required a future roadway segment to be built on TMK: (3) 7-9-012:004. The properties subject to the ordinance are situated east(mauka) and west(makai) of Ali`i Drive in the vicinity of Haleki`i Street, Honuaino 3rd and 4th, Hokukano 1st and 2nd, Kanaueue 1st and 2nd, Haleki`i, Ke`eke`e 1 st and 2nd, Ilikahi, Kanakau 1 st and 2nd, Kalukalu 1 st, 2nd, & 3rd and Onouli 1st, North and South Kona, Hawaii, formerly covered by TMK Nos. (3) 7-9-006:001 (por.), (3) 7-9-012:003 (por.), :004 (por.), & :005 (por.) and (3) 8-1-004:003 (por.). At 11:14 a.m. Chairperson DeFranco stated the applicant had withdrawn this application with no in-person or Zoom testifiers for this agenda item. PLANNING DIRECTOR'S REPORT Report on Special Management Area (SMA) determinations, minor permits action issued by the Planning Director. At 11:15 a.m. Chairperson DeFranco introduced this item and stated the reports were emailed to the Commissioners. There were no questions about the log from Commissioners. Page 3 of 4 Leeward Planning Commission June 15,2023 Minutes AGENDA ITEMS FOR NEXT MEETING At 11:15 a.m. Chairperson DeFranco introduced this item. No requests were made by the Commissioners. ANNOUNCEMENTS Chairperson DeFranco announced the Leeward Planning Commission's next monthly meeting is scheduled for Thursday, July 20, 2023, at the County of Hawaii County Council Chambers in Kona and the public may provide verbal testimony by interactive video conference via Zoom or at the physical location. Planning Program Manager Maija Jackson stated there are ten items tentatively scheduled on the July agenda including the deferral of the applications for Ka`upulehu Land, LLC. She made a clarification that the 1250 Oceanside LLC (Item 93) application has been deferred and not withdrawn yet. Commissioner Vitousek inquired if there are any announcements on new commissioners. Director Kern answered a nominee's name was transmitted to the County Council and believes it should be heard at the July 5, 2023 Committee hearing. ADJOURNMENT There being no further business, it was moved by Commissioner Knowles and seconded by Commissioner Vitousek that the meeting be adjourned. A voice vote was taken, and the motion carried with all in favor. Chairperson DeFranco adjourned the meeting at 11:17 a.m. Respectfully submitted, McGZr,ra �aca�a�ra�r SaG�aalo� M el issa Dacaya n a n Sa Ivad o r(Pru g 12,202314:43 H ST) Melissa Dacayanan-Salvador Secretary ATTEST: be-��arcca- Barbara DeFranco(Aug 16,202310:57 HST) Barbara DeFranco, Chairperson Leeward Planning Commission Page 4 of 4 Leeward Planning Commission June 15,2023 Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAI`I TESTIMONY TRANSCRIPT JUNE 15, 2023 Public testimony regarding the application of KA`UPULEHU LAND LLC (PL-SLU-2022- 000008 and PL-REZ-2022-000039) was heard at 9:38 a.m. in the West Hawaii Civic Center, Council Chambers, Building A, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii, with Chairman Michael Vitousek presiding. COMMISSIONERS PRESENT: Barbara DeFranco, Zaheva Knowles, Michael Dela Cruz, Clement"CJ" Kanuha III, and Michael Vitousek. ABSENT AND EXCUSED: Mahina Paishon-Duarte. ALSO PRESENT: Sinclair Salas-Ferguson, Esq. (Counsel to the Commission), Jean Campbell, Esq. (Counsel to the Planning Department), Zendo Kern (Planning Director), Maija Jackson (Planning Program Manager), Christian Kay (Planner), Alex Roy (Planner), Janice Hata(Zoom host), Noriko Sauer(Commission Secretary) and Melissa Dacayanan-Salvador(Commission Secretary). And approximately ten public members in the audience. APPLICANT: KAUPULEHU LAND LLC (PL-SLU-2022-000008) Application for a State Land Use Boundary Amendment from Agricultural to Rural for 2.653 acres of land. The subject property is located at 64-983 Mamalahoa Highway, approximately one mile east of its intersection with Kawaihae Road, Pu`ukapu Homesteads, South Kohala, Hawaii, TMK: (3) 6-4-024:027 (por.). APPLICANT: KAUPULEHU LAND LLC (PL-REZ-2022-000039) Application for a Change of Zone from an Agricultural-5 acre (A-5a) zoning district to a Neighborhood Commercial-10,000 square feet(CN-10) zoning district for 2.325 acres of land and from an Agricultural-5 acre (A-5a) zoning district to a Residential Agri cultural-0.5 acre (RA-0.5) zoning district for 3.024 acres of land. The subject property is located at 64-983 Mamalahoa Highway, approximately one mile east of its intersection with Kawaihae Road, Pu`ukapu Homesteads, South Kohala, Hawaii, TMK: (3) 6-4-024:027. Secretary's Note:Due to a problem with audio quality, the parts that cannot be transcribed are indicated as [indecipherable]. DEFRANCO: Okay testifiers on Zoom, are we ready to do this? HATA: Yes, Chair. We three (3)testifiers on Zoom. DEFRANCO: Okay. 1 EXHIBIT A HATA: And our first testifier is John Kawano on agenda items I and 2. DEFRANCO: Okay. So at first, I just want all you if they could raise your right hand and swear to tell the truth today before the Leeward Planning Commission. Yes? ZOOM TESTIFIERS: Yes, by nodding their heads. DEFRANCO: Yes, everybody's yes. There's one more person I can't hear or see you. Yes, there's 3 people? HATA: Yes, there are. Nancy if you could unmute your audio. CARR SMITH: Sure. HATA: Thank you. CARR SMITH: I agree. DEFRANCO: Okay. All right, thank you and then who's going to go first then? HATA: Our first testifier is John Kawano. DEFRANCO: Yes, will please state your name and where you are from, and you have 3 minutes then to speak. Go ahead John. Unmute and speak. KAWANO: Good morning, good morning, everyone. I'm John Kawano and we are a neighbor of such property of Mr. Metzler. DEFRANCO: Yes,please go ahead. KAWANO: Okay, I'm sorry. F DEFRANCO: Yeah, but please state — KAWANO: First of all, I'd like to open up in saying Mr. Metzler has always been a good neighbor to us, been very fair but for me this project the impact on the community I feel we are maxing in our infrastructures right now. So it will promote a heavy traffic impact. Waimea, we have school traffic in the morning, after work traffic in the evening. I mean we're maxing. We can't even get out of our driveways now. Secondly such property when it rains heavy, heavy rain, water flows through our property into the Metzler property. It's always been a saturation point where it can absorb this flood waters and when he puts up that parking lot how is it going to egress the surrounding properties around him below him. That's our concern. Is it going to cause flooding to these properties because we have, the back of the property has Lanimaumau Stream. It's a flood zone and the front of the property is the egress of Lanimaumau Stream onto Mamalahoa Highway. It runs down through the front of Metzler's property, and it 2 EXHIBIT A egresses into that next Parker Ranch properties. So, how is that impacting public safety and then thirdly, I hate to put him on the spot because he's kind of the fringes of what's town and what's country. But once we open up this flood gate and allow Ag-5 to be broken up like this. What's to propose everyone on these 20 acres parcels all the way up to Lakeland. HATA: Thirty (30) seconds John, 30 seconds. KAWANO: Okay, this will be like the stick holding back the dam of flood waters, yeah. So, whatever we say, oh, we want to be sustainable, we want to be sustainable. Let's preserve this Ag land. If Mr. Metzler knew how money he could grow, how much money he could make growing celery on that property. I think he would reconsider [indecipherable] to spending all this money. That land is, wow, I've seen it produce so much — HATA: John, your time is up. DEFRANCO: Thank you John. KAWANO: Thank you. DEFRANCO: Yeah, and the next person speaking is? HATA: Your next testifier is E. Kalani Flores on agenda items 1 and 2. DEFRANCO: Okay, welcome, I sort of skipped a little part here, I just want to reiterate that we will speak with Aloha to each other with respect. We will keep this to a 3 minute and keep it focused on comments related to this subject and if anybody isn't going to be courteous and respect one another I will not hesitate to exercise authority as the Chairperson to address these behaviors. Okay, thank you. Go ahead. FLORES: Aloha, Chair. Before I get started, I want to start a question of clarity. Do I have 3 minutes per agenda item? Since I'm speaking upon 2 agenda items. DEFRANCO: Yes. FLORES: So, I would have a total of six (6) minutes. Is that correct? DEFRANCO: Oh, that's correct. Thank you. UNKNOWN: You weren't given 6 minutes, John. DEFRANCO: Please state your name and where you're from. FLORES: Aloha Commissioners, my name is E. Kalani Flores. We're residents in Waimea. We're actually just a few blocks down from the proposed project and my is Pua Case and we live like a I said, we live just a few blocks down from the project. We adamantly oppose this project because it's too big, the project as proposed and so first of all I have submitted written 3 EXHIBIT A testimony dated June 13, 2023 that if you take a look at it, I'm not [Unintelligible crosstalk]. I'm not going to go over all details,but I just want to highlight that the project is not in compliance and not consistent with the General Plan and the South Kohala CDP and I've outlined all the reasons why in there. So, I'm not going to go over the specific reasons. But one of the main concerns is what this project is bigger than it is that should be in this particular section. Mr. Kawano spoke about the traffic. I say that the traffic assessment is unrealistic from a Honolulu firm that did it and from someone who lives right down the road the traffic is horrendous at times and this is only increased traffic in this area. But in particular why this is not consistent with the General Plan is that first of all part of the General Plan talks about protecting the agricultural lands in Hawaii and on this island. And that particular parcel is one of the prime agricultural lands in all of the islands in particularly in Waimea. The reason why is it's not just the soil but it's the climate and elevation, but it's protected from the wind in this particular area. That's why that was and still is a prime agricultural land and it was a prime agricultural land prior to being acquired as such. So, I listed all the reasons why the goals and policies and courses of action are inconsistent with this particular project. In addition to that when you look at also the General Plan has to do with commercial development. There's certain things why it's inconsistent with commercial development as such. One of things this project is, is this project as such is when you look at in the General Plan 14.3.5.6.2 Courses of Action. It says the County and the Planning Commissions are to "establish controls to insure orderly development and minimize speculation of commercially zoned lands". This project is purely speculation a project. As you can see the project was once zoned before Commercial and then it was Ag and then the owner took it out and put it in Ag to reduce his taxes, which isn't against the law. But in the [indecipherable] he wasn't really trying to get; he was just trying to reduce his taxes in agricultural under agricultural zoning knowing that he's going to come back and build a bigger project here. So, that's purely speculation, this project is pretty speculation and when you go to the CDP, the South Kohala CDP and you look at Page 2 at the bottom. There's a Policy No. 2 that says, "Responsible Growth": Moderate the Pace of Growth and Change in Waimea". One of the things that doesn't meet as such it says that one of the strategies is 2.1. It says, " The County shall carefully evaluate and condition, as appropriate, any rezoning that would negatively impact important agricultural lands or culturally, visually and environmentally important open spaces or resources in Waimea". This is not consistent with the South Kohala CDP and in addition it also says and go to Page 3 at the top. It says,private lands that are currently zoned A-5a, and so forth should retain their current zoning. That's not the case here. Another concern of course is that if you look at, if you actually know the property in Waimea, there's actually a map, a satellite picture of it. This proposed project is being sandwiched in between the historic Ranch houses of Parker Ranch and other houses on the east side. So both on the east and west side there's residential homes, historic residential homes and this project is trying to sandwich itself inside between the two of them. So, all the other reasons listed on why this project should be not approved. This project is once again proposed solely for speculation purposes. This proposed project will adversely increase traffic congestion near this area. The 4 EXHIBIT A proposed commercial development scale and size is not compatible for this area and the proposed project would adversely increase property taxes for residents in this area. So, what I'm saying is that the size and scope of this project is too large and too big. So, if the applicant wants to come back to get what the original zoning was then we won't be as most adamantly opposed to that. The original zoning was Ag-5a and there was a zoning in the front the commercial CN-7.5 for the front end. HATA: 30 seconds remaining. FLORES: So, what I'm saying is that the project right now is going for a higher up zoning than what it originally was prior to making it all Ag. So, I say the applicant should come back in with the previous zoning of that area and the project should not be upscaled to CN-10. Why are we increasing the capacity and size of the commercial development? The further you move from the Town Center; the development should be down scaling. Right now, you're upscaling. All the other commercial properties are all CN-7.5 and this should not be a commercial CN-10. HATA: Kalani,please summarize your testimony. Thank you. FLORES: I'd like to thank you Commissioners and if you take a look in detail as to my testimony provided both written and orally. This project cannot move forward because it's not consistent with the General Plan. It's not consistent with the Kohala CDP and I thank you folks for your time and opportunity to provide testimony on this matter today. Thank you so much. Mahalo. DEFRANCO: Thank you very much. We have one more Zoom testifier. HATA: Chair, if I may. I'd like to offer John 3 more minutes to testify. He registered to testify on agenda items 1 and 2. I apologize John. DEFRANCO: Okay. KAWANO: Can I request that my partner have 3 minutes because we're on the same email to testify? DEFRANCO: That will be fine. KAWANO: Okay. Okay. DEFRANCO: But I need to swear her in please. KAWANO: Okay, she'll be right here. Thank you. DEFRANCO: You swear to tell the truth today before the Commission? 5 EXHIBIT A DAVENPORT: Yes. DEFRANCO: Yes, and will you please state your name and where you're from. DAVENPORT: Sure. My name is Ceci Davenport, I'm from Waimea and I just want to say, I think because we use the same email is why maybe I wasn't on the Zoom list. DEFRANCO: So, do you want 6 minutes then to speak? DAVENPORT: Sure, I'll take as much time as you allow me. That will be great. DEFRANCO: Okay and John did you need your other 3 minutes? We want to make sure everybody gets what they need to say. KAWANO: Yeah, I'll take 3 more minutes, if you guys don't mind. DEFRANCO: So, John do you want to finish then and then we'll move on to Ceci. Is that all right? KAWANO: Yes. DEFRANCO: Okay, all right John. KAWANO: For me, growing up here. We grew up next door to the Ishihara's and I watched John Metzler. There was Jeffrey Cipriano had covered that property so-called property in rocks. DEFRANCO: And again, I'm just going to have you speak directly to what we're talking about today and make your comments — KAWANO: This will pertain, this will pertain. DEFRANCO: Okay. KAWANO: Because the Council needs to understand where our culture comes from. I'm not Hawaiian. I was raised with the Hawaiians and the Council needs to understand aloha `aina and how this is going to pertain to our keiki's, our future. This is what we're fighting for. Listen. Listen. You think we're referring to the past, yeah, but we're protecting the future here. So, you listen, okay. I watched John Metzler and Ian, his partner. I watch them clean out every single rock in the afternoons. Bust ass. They're dirty, you know. Here's Ian and John around this fire having a beer. You know what happened to Jeffrey Cipriano. He died of a heart attack, instantly. So, this is what we only trying to tell Mr. Metzler, don't forget the land you protected. — DEFRANCO: Please direct your comments to me. [Indecipherable crosstalk]. 6 EXHIBIT A KAWANO: It's like Kalani said, this agricultural we have to protect it and that's what we're fighting for. You know, not put up a parking lot buried in concrete. This land is, I watched it produce celery in the [indecipherable] tons. There's no rocks on it. This is what we're fighting for and during the pandemic we say, hey, we got to promote sustainability. But how are we doing that. Think. Think you guys. So, that's my testimony. DEFRANCO: Thank you John. KAWANO: Okay. DEFRANCO: CJ did you want to come on now and are you there CJ? Ceci, sorry. DAVENPORT: Oh, yes, yeah. Yes. DEFRANCO: Okay. All right. Go ahead. DAVENPORT: So, yes. Thank you very much. DEFRANCO: Please say your name again Ceci for us and where you live. DAVENPORT: Oh, sure. My name is Ceci Davenport. I live on the Kawano property right next to the subject property. I like John who was born and raised in this beautiful town. People say when you move away, and I moved away for along time. I moved away after high school and they say that you get, you know, you don't know how to really move into a new environment especially in a big city. But coming home was even more of a shock to me to see what Waimea had turned into and what Waimea has become and what it is today. My grandfather was a rancher and a farmer, and he took a lot of pride in that. The subject property and I know Commissioner, Chairperson you don't want us to veer off of the applications. But like John said, it's important. It's very, very important for people to understand the land and what this land means and what this land can provide. It's not just 3 two-story buildings with a 75-parking lot or space that parking space parking lot. It's just not 5 more potentially 10 more homes in the back. It's maintaining what we have because once it's gone, you can never ever get it back. So, if there is going to be development it should be responsible development. It should not, I understand developers are in the business to make money. I understand that. I'm in real estate. As John's wife is. As Nancy Carr is. So, to make money it's okay but don't do it to the detriment of the town and of the neighborhood and that's exactly how this development will impact this town and this immediate surrounding neighborhood. Imagine a KTA parking lot next door. On that property because that's what he's asking for. That's 75 cars parked there, and you'll say, "oh, well there's never going to be 75 cars parked there at one time". Well, have you ever been to the KTA parking lot shopping center. Traffic is backed up to the streetlight. Try getting out of Foodland or Longs now. It's difficult and you have traffic moving at a very, very fast here, more than the speed limit, which is not good and 7 EXHIBIT A that's not Mr. Metzler's fault, it's not his problem. But it will even increase. It will add to the already heavy, heavy traffic that we have here. Public safety. It's just not a good idea. To continue with what John was saying about the land. I don't know if Mr. Metzler's aware of this. But there's a lot of energy on that property, especially up front. It's not good energy. Jeffrey Cipriano, I knew when I was a kid. Jeffrey died of a heart attack for no reason. Jeffrey was young and I think this is something Mr. Metzler should keep in mind and look Commission whether you believe it, whether you understand it, whether you want to believe it or not. It doesn't matter because it does exist! So, if Mr. Metzler wants to continue with this, he should go in with eyes wide open and when something happens because it's not a matter of"if'. It's a matter of"when". When something happens to, he, his wife, his kids — DEFRANCO: Excuse me, please if you want to speak to us directly — DAVENPORT: Yeah. [Indecipherable crosstalk]. I'm addressing Mr. Metzler because I know he's in the audience there. DEFRANCO: [indecipherable] you have to stop talking now— DAVENPORT: Yep, okay. DEFRANCO: — with your testimony. Thank you. DAVENPORT: Yep, thank you very much Commission. DEFRANCO: Okay, I think we have one more person on Zoom and again I want to remind everybody that your comments are made to me they're to be about what we're talking about today. What's on our agenda items and any background that you feel that we need to know we do want to hear from you. But we want it done in a respectful way — DAVENPORT: But that was respectful. DEFRANCO: — thank you. Please state your name, and where you're from. CARR SMITH: Good morning, Commissioners. I'm Nancy Carr Smith,past Chair of this Leeward Planning Commission, and resident of Waimea. I'm testifying as an individual in favor of the rezone for Ka`upulehu Land project in Waimea. I love Waimea. I'm very involved in the community. I'm a Director at Waimea Community Association. I'm on the Waimea Design Review Committee, Waimea Parade Committee. I'm a Coordinator with Big Island Giving Tree, we help kupuna and keiki in our community and I organize Waimea's Annual Mahalo to First Responders Event. I'm very invested in the well-being of our community. I know this property and I think the rezone to smaller Ag lots is a good plan. We need more small Ag parcels for Waimea residents to purchase and live on. They can't always afford larger parcels, nor can they realistically maintain them. I know that Ag has become a hot topic and we all want to preserve it. I get that. But in reality, farmers are often a dying breed, unfortunately. Younger 8 EXHIBIT A generations don't always want to take over the businesses and while we do have some younger farmers coming to Waimea to benefit from its fertile soil and temperate weather. Many others are no longer farming or ranching. There's a lot of barren Ag land in Waimea that's not being used in Ag. I feel that in more cases than not these days we see locals wanting small properties, small Ag properties to grow their own food, raise their animals and raise their family and these parcels I believe are appropriate for that. I think the applicant has also demonstrated the respect to the local architecture by maintaining the design in those 2 existing ranch homes that are on the property. In terms of the commercial zoning along Mamalahoa, I think that is appropriate. It has neighboring commercial properties and, in this area, nearing the end of the commercial zone going east out of town. There are other commercial zone properties or buildings as well and many of them are in disrepair. There's medical practitioners and other service providers that would like to offer services to us residents of Waimea and they cannot find spaces to provide those services. I think it would be nice if Waimea kupuna didn't have to travel to get services. It'd be nice if they were in town. I can say that I prefer to see the commercial buildings be single-story structures. I think it would have a lot less of a visual impact probably meaning fewer units. But in general, I support the concept. I know that a traffic study has been done. We can only assume that— HATA: 30 seconds Nancy. CARR SMITH: —oh, okay. Oh, I didn't get the 6 minutes. Okay. DEFRANCO: 6 minutes, is that right. HATA: Because Nancy is registered for only agenda item 2 is what I see on my end. CARR SMITH: Okay. Got it. DEFRANCO: Excuse me, if Nancy wants to speak for 6 minutes, she can just like everybody else has. HATA: Oh, okay, got it. CARR SMITH: That's fine. Thank you. Yeah, so I think the commercial building should be single-story. I know that the traffic, the left turn lane has already been installed in front of Earl's and this property. I know that Earl's recently put out a statement that they're no longer allowing parking in front of their building. So, that should help with some of that confusion getting in and out and evidently, it's going to be left turn both ways. So, that would be helpful as well. I know that traffic's an issue here. I always just look at it as it's school/work traffic and then it's over. In closing, I want to say, I do not know the applicant. I know Joni is in real estate, but I don't know them. I do believe that people need to be treated fairly and when I see form letters that say that they oppose any development by this applicant. Then I have a pretty good feeling that it's personal and I think that's sad. I respect everyone's opinions, but I do feel that you as 9 EXHIBIT A Commissioners need to keep the personal feelings aside and look at the technical merits of the application and follow your rules. That's all I have. Thank you very much. DEFRANCO: Thank you Nancy. Do any of the Commissioners have any questions for the testifiers so far? Okay, so, we have. Thank you, Nancy. We have one testifier here, an in-person testifier. Can we call him now? Yeah, so, Ian Langevieria. Oh, sorry. Yeah, either one and just come and sit down and turn your mic on and I'm just going to ask you to raise your right hand and it's that little button on the bottom, the very bottom. There you go. LANGEVIN: How about that. DEFRANCO: And put the, yeah, aloha. I'm just going to swear you in. Do you swear to tell the truth today in front of the Commission? LANGEVIN: I do. DEFRANCO: Okay and then just state your name and where you're from. LANGEVIN: Thanks. Commissioners, my name is Ian Langevin and I'm — DEFRANCO: Put it right here, so — LANGEVIN: Okay. DEFRANCO: Okay. LANGEVIN There we go. DEFRANCO: Thank you. LANGEVIN: My name is Ian Langevin and I'm a 35-year resident of Waimea. I raised my family there and I have been involved with this subject land for since 2002, back when it was a total mess. So, if I could spend my first maybe only 2 minutes on the first agenda item which I believe is the rezoning to commercial. A little clarity on that, I was actually the individual that requested the rescinding of 93 or was it 95-63, 93-65 the ordinance that changed that to commercial and there was a pretty extreme amount of conditions on the zoning change of zoning application at the time. Including the stop light and this is back in early 2000's. The time limit had expired on the property, or the rezoning application had expired and in order to get the subdivision to five (5) acres we needed to rescind the commercial. At the time that was CN-7.5 as was previously pointed out, which I believe is a slightly higher density than what Mr. Metzler is applying for now. That particular area as previously mentioned was had basically become a dump site for the town of Waimea. All the town when they cleaned it out and they widened the roads, all that material ended up on that land. It was a really, really a sad mess and I give John a lot of credit for investing the time and effort and resources and whatnot and really cleaning it up. I mean it was a 10 EXHIBIT A mess. There was light standards and asphalt and concrete and sidewalks and it was a mess and so I really respect what he did to clean that up. The second point I want to make, or I think is a good thing for what's happening with the commercial zoning up there, is that if Mr. Metzler was a greedy developer, he probably would have made it one lot. That would reduce his cost for all the infrastructure, all the subdivision and all the improvements that need to go in if it was just one big lot. They would sell it to who knows who from somewhere in the mainland and we may end up with a Big Box store there which Waimea doesn't need another Big Box store. I'm excited about the fact that it's 3 lots. It gives 3 different owners opportunities and hopefully local businesses have a chance to establish something and hang out their shingle and provide a service to the local community. With regards to the traffic. I think everyone here understands that commercial properties by themselves do not create cars. Okay, cars may go there, cars leave there but they don't create cars. I don't think they necessarily create any additional traffic going up and down Mamalahoa Highway and there may actually be some benefit to it in that as everyone here whose testified. That there it's a 30 mile an hour zone but as soon as you get past HPM heading east it's like people are speeding up. So perhaps having a couple extra driveways going onto the highway at that point. Like I said, the improvements, the center lane is already there. Perhaps a couple extra driveways on there may actually slow the traffic down a bit, at least get it down to below the speed limit at or below the speed limit. So, that would be my comments on the commercial property and so now if I can switch over onto the back 3 acres, I guess you could call it. So, yeah that was historically everyone's pretty aware of the history of that. So right now for me I will probably be either myself and the neighbor to the front of me will probably be the most directly impacted people in that it's my driveway. Okay. So, it's my, I own that parcel and so when I look at the highest and best use of the land and I think that's what we're all trying to do. As developments are going to happen here, how do we do it right and what is the highest and best use of that land. It's only 3 acres, you can't do a large local commercial farm. There's already 2 homes on it so that reduces the arable land size as well. There's a flood zone on it that reduces the developable area and I do a lot of gardening myself. I've probably got an acre that I grow a lot of different stuff on, and I would that a lot of a half an acre that's zoned Ag there's enough room for a house. There's enough room to park your car and there's enough room to get maybe a half dozen raised beds and a few fruit trees in there and you can actually do something on a scale that is manageable. And for most of us that live here in Hawaii, we work, we work full-time and so to be able to do a little bit farming on the side which a lot of folks really enjoy doing maybe they support themselves, support their neighbors. You can do that on a small scale. You can't do that on a large scale unless you do it full-time and full-time, I mean as previously mentioned most of the good arable land and Waimea — ROY: Thirty (30) seconds. LANGEVIN: 30 seconds, okay, thank you. So, most of the good arable land in Waimea, I think there's a shortage, there's a bigger shortage of farmers than there is farmland per 11 EXHIBIT A se and so in closing I'd just like to thank you guys for having the opportunity. I think the process is great. I wasn't really excited about the last version of this plan that came around. I'm a lot more excited about what I see now in the lower density and from my perspective 3 additional cars coming out of my driveway is not a huge impact and it's 3 cars that are closer to town versus 3 cars that are down in Lakeland— ROY: Time. LANGEVIN: — having to make the drive. Thank you very much for your time. DEFRANCO: I have a quick question. So, I just want to clarify. So you live right next to where this is, the Metzler's development and you share a driveway with the acreage that's been made smaller in the back, the half-acre parcels. I'm just trying to understand where you are. LANGEVIN: Okay, if you look at map of the project. DEFRANCO: Yeah. LANGEVIN: There's Mamalahoa Highway and then there's 2 flag-lots that are directly adjacent to the highway frontage— DEFRANCO: Yeah. LANGEVIN: — five-acre parcel. DEFRANCO: Yeah. LANGEVIN: Okay. One of those flag poles leads back down the originally Ishihara Farm towards— DEFRANCO: Okay. LANGEVIN: — Kahilu Street. DEFRANCO: Yeah. LANGEVIN: And that's our location, so. — DEFRANCO: And you're comfortable with the new proposed — LANGEVIN: Yeah, I mean currently there's only two homes on there now. DEFRANCO: Yeah. LANGEVIN: They've been there forever right and so with the current plan I believe there's a total of 5 half acre lots — 12 EXHIBIT A DEFRANCO: Right. LANGEVIN: — so, it's going to go from 2 homes to 5 homes. DEFRANCO: Yeah. LANGEVIN: Which is, that's not really a large development per se. DEFRANCO: Okay. LANGEVIN: Right. DEFRANCO: Do we have any other questions for him, Commissioners? Thank you so much. LANGEVIN: All right. Thank you very much for your time. DEFRANCO: Okay, so, that's going to conclude our public testimony for these. This agenda item ended at 10:14 a.m. Respectfully submitted, Ue2sa Daca�airair-satvakr Melissa Dacayanan-Salvador(Xug12,202314:43 HST) Melissa Dacayanan-Salvador Secretary to Boards and Commissions 13 EXHIBIT A LEEWARD PLANNING COMMISSION COUNTY OF HAWAI`I HEARING TRANSCRIPT JUNE 15, 2023 Public testimony regarding the application of KA`UPULEHU LAND LLC (PL-SLU-2022- 000008 and PL-REZ-2022-000039) was heard at 10:15 a.m. in the West Hawaii Civic Center, Council Chambers, Building A, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii, with Chairman Michael Vitousek presiding. COMMISSIONERS PRESENT: Barbara DeFranco, Zaheva Knowles, Michael Dela Cruz, Clement"CJ" Kanuha III, and Michael Vitousek ABSENT AND EXCUSED: Mahina Paishon-Duarte ALSO PRESENT: Sinclair Salas-Ferguson, Esq. (Counsel to the Commission), Jean Campbell, Esq. (Counsel to the Planning Department), Zendo Kern (Planning Director), Maija Jackson (Planning Program Manager), Christian Kay (Planner), Alex Roy (Planner), Janice Hata(Zoom host), Noriko Sauer(Commission Secretary) and Melissa Dacayanan-Salvador(Commission Secretary). And approximately ten public members in the audience. APPLICANT: KAUPULEHU LAND LLC (PL-SLU-2022-000008) Application for a State Land Use Boundary Amendment from Agricultural to Rural for 2.653 acres of land. The subject property is located at 64-983 Mamalahoa Highway, approximately one mile east of its intersection with Kawaihae Road, Pu`ukapu Homesteads, South Kohala, Hawaii, TMK: (3) 6-4-024:027 (por.). APPLICANT: KAUPULEHU LAND LLC (PL-REZ-2022-000039) Application for a Change of Zone from an Agricultural-5 acre (A-5a) zoning district to a Neighborhood Commercial-10,000 square feet(CN-10) zoning district for 2.325 acres of land and from an Agricultural-5 acre (A-5a) zoning district to a Residential Agri cultural-0.5 acre (RA-0.5) zoning district for 3.024 acres of land. The subject property is located at 64-983 Mamalahoa Highway, approximately one mile east of its intersection with Kawaihae Road, Pu`ukapu Homesteads, South Kohala, Hawaii, TMK: (3) 6-4-024:027. Secretary's Note:Due to a problem with audio quality, the parts that cannot be transcribed are indicated as [indecipherable]. DEFRANCO: We're going to take the 2 agenda items we have together, okay. So, we have the applicant Ka`upulehu Land LLC, PL-SLU-2022-000008. Application for a State Land Use Boundary Amendment from Agricultural to Rural for 2.653 acres of land. The subject property is located at 64-983 Mamalahoa Highway, approximately one mile east of its intersection with Kawaihae Road, Pu`ukapu Homesteads, South Kohala, Hawaii, TMK: (3) 6-4-024:027 and 1 EXHIBIT B the second item applicant Ka`upulehu Land LLC, PL-REZ-2022-000039. Application for a Change of Zone from Agricultural-5 acre (A-5a)zoning district to a Neighborhood Commercial- 10,000 square feet(CN-10) zoning district for 2.325 acres of land and from an Agricultural-5 acre (A-5a)zoning district to a Residential Agricultural-half acre (RA-0.5)zoning district for 3.024 acres of land. The subject property is located at 64-983 Mamalahoa Highway, approximately one mile east of its intersection with Kawaihae Road, Pu`ukapu Homesteads, South Kohala, Hawaii, TMK: (3) 6-4-024:027. So now we're going to have a staff presentation from Christian Kay. Thank you. KAY: Yes, thank you Chair DeFranco and good morning to the members of the Leeward Planning Commission. As the Chair stated these are going to be two applications. We'll present them as one and then act on them individually. Okay, the subject 5.349 acre parcel is located in the South Kohala district of Hawaii island. More specifically in the Waimea area. It is outlined here in red and for reference we've got the Highway running generally east west through the slide. Sorry, left to right through the slide. The applicant is requesting a State Land Use Boundary Amendment from an Agricultural to Rural district for 2.653 acres of land and a Change of Zone from an Agricultural-5 acre zoning district to a Neighborhood Commercial-10,000 square feet a district for 2.325 acres of land and to a Residential and Agricultural zoning district for 3.024 acres of land. If the requested land use entitlement changes are approved, the applicant proposes to subdivide the property into a total of eight(8) lots as follows. Three (3) minimum 10,000 square foot commercial lots fronting Mamalahoa Highway with 3 proposed 1 and 2-story mixed retail and commercial/office buildings having a gross leasable floor area of approximately 18,600 square feet and five (5) minimum one half(1/2) acre residential agricultural lots on the south or mauka portion of the property. The applicant would like to begin construction within six (6) months after issuance of all permit approvals with full build out of the proposed project is anticipated to be in 2027. Here is the County zoning map of the subject property and surrounding area. Again for reference we've got Mamalahoa Highway running generally left through right through the slide. Subject property here outlined in red. Subject property and some of the surrounding area is Agricultural-5 acre as indicated by the green color. But as you can see there are other residential and commercial designations in close proximity to the subject property including several parcels zoned Neighborhood Commercial-7,500 square feet and some Village Commercial across the highway and then some residential indicated in the yellow and mustard colors. The State Land Use designation for the subject properties is split. The makai portion is Urban as indicated in the pink color and this is generally the area where the proposed commercial zoning is going to be. The mauka portion of the property is presently State Land Use Agricultural as indicated in green and this is generally the area that is being proposed to be converted to the State Land Use Rural district and then we'll also include the proposed RA-.5 zoning. Here is the General Plan's Land Use Pattern Allocation Guide Map showing the subject property again having the split designation. The makai portion of the property is largely within the Medium Density Urban designation with the mauka portion of the property being in the Low-Density Urban designation. The Medium Density Urban designation would support the proposed commercial 2 EXHIBIT B zoning and the Low-Density Urban designation on the mauka portion would support the higher density being proposed in the RA zoning. Here is the South Kohala Community Development Plan Map for the Waimea Town. Again, subject property is located partly roughly in this area and blown up here we see the subject property outlined in red. Again, the makai portion of the property is generally within an area designated for Urban uses with the mauka portion of the property in what the CDP be called these small farms and ranches a preservation program area. Here is an aerial photograph of the subject property and surrounding areas. Again you can see the subject property here outlined in blue with the exception of 2 structures dwellings that were built in the 1920's on the property. The rest of the property is unimproved and vacant. We've got Ishihara Farm Road coming to the right of the property here that currently provides access to those dwellings and again the Highway running left through right through the slide. Again, you can see the surrounding land uses are residential, commercial, and agricultural. Here is the applicant's proposed site plan. For these purposes the Highway is running on the left- hand side of the slide. Ishihara Farm Road here at the top and the 3 proposed agricultural,pardon me, the commercial lots closest to the Highway currently showing 2 proposed accesses to the commercial area. The 5 residential agricultural lots mauka will be accessed from Ishihara Farm Road some directly and some through access easements servicing all of the properties. Two of the 5 lots will contain the existing dwellings. Here are some photographs of the site. The upper left is a view of Mamalahoa Highway looking east and the lower right is a view of Mamalahoa Highway looking west. Again, you can see the current striping, the highway striping in the area. And here are views of the end of the property from Ishihara Farm Road looking mauka or north with the property on the right-hand side. Some photographs of the existing structures and a view across the property showing currently unimproved. The Planning Director is recommending a favorable recommendation be forwarded to the County Council on both the State Land Use Boundary Amendment and the rezone and requests. With that I'm happy to take questions as appropriate. DEFRANCO: Thank you. I had a couple of questions for you. The questions from some of the — KAY: Sorry, one more thing. I was asked to point out that there's been several pieces of testimony that have come in since the Background and Recommendation were provided to the Commission and overall, we've got 43 pieces of testimony in support of the project and 20 pieces of testimony in opposition. DEFRANCO: Thank you for that— KAY: I'm happy to answer questions. 3 EXHIBIT B DEFRANCO: Thank you. Yeah, one of the questions from some of the people had to do with flooding and traffic. Can you speak to that? KAY: Sure, so, come back here. Alex, can you bring me back to the site plan. So, a few things with regards to traffic. The applicant's did commission a Traffic Impact Analysis Report(TIAR) that was submitted to the State Department of Transportation (DOT)who in 2021 took ownership and management responsibility for this section of the Highway from the County. There's been significant discussions back and forth between the applicant's representatives and the State Department of Transportation on proposed mitigation around accessing the property and thus far they haven't been able to hammer out whether or not the two accesses are appropriate to DOT's satisfaction. So, what the Director is recommending is conditions basically saying access will meet the requirements of the State Department of Transportation. Also, I believe there's a condition that speaks to an updated TIAR as well be necessary prior to occupancy and any mitigation that is proposed, or any mitigation required by the State Department of Health be required prior to occupancy. In terms of flooding, there are different flood zone designations on the property. There are the stream on the southern portion of the property that there will be drainage study required as part of the development and any on-site drainage created by the property will need to be captured on site meeting with the requirements of our Flood Code of the Department of Public Works. DEFRANCO: Thank you. KAY: Yeah. DEFRANCO: Are the anymore questions from Commissioners? Mike Vitousek, please. VITOUSEK: Yes. This is Mike Vitousek. Is it typical for project to move forward without the TIAR that's agreed to by the relevant agency that owns the road? KAY: Um' I have seen it both ways in the past and even currently we have required or requested that those things be dealt with prior to going forward with a hearing. But also in some situations where ultimately when it comes down to kind whatever DOT says goes and we have conditions kind of addressing that in our proposed conditions and we've been comfortable kind of moving it forward and leaving that to be done after the fact prior to occupancy. DEFRANCO: Mike, you know when I think you recused yourself, but we had it with the Cowell's came forward to do theirs at Napo`opo`o. That was a condition set at that time that it be the State that made those decisions and that was written into it. Even though the project was approved. VITOUSEK: Okay, if I could continue. DEFRANCO: Yes. 4 EXHIBIT B VITOUSEK: This is a county zoning change right and not a for the front portion of it is zoned Urban and so it would be a county zoning. KAY: Uh-huh. VITOUSEK: Does it make sense to fully understand the effects of the traffic before issuing the Change of Zone? KAY: So, again, I think the way that we've seen this, and I can certainly let the Director speak to it as well. But ultimately the applicant is, and DOT are going to have to come to some kind of an agreement on appropriate mitigation based on current and whatever comes out of a new traffic study. If DOT is comfortable with it, then we're kind of leaving it to them since it's their kuleana to tell the applicant what needs to be done in terms of access. So, DOT may come back and say,yeah,two accesses are fine, or we want one access, or we want to take them off of Ishihara Farm Road. That's ultimately going to be their call. So, we're comfortable kind of moving that forward and with the understanding that DOT in any case is going to have final call on what traffic improvements need to be made. And again, I'll defer to the Director if he wants to add on to that. KERN: Sure, Zendo Kern, Planning Director. I concur with what Christian Kay had said and adding to that, Condition E requires the TIAR prior to Plan Approval being submitted to the Planning Department which would give the most up to date time traffic count to have mitigation measures done on. So, I would think it'd be more appropriate to have it done sooner to the Plan Approval than it would be even now. KAY: Yeah. I will also point out Commissioner Vitousek that there has been some delay in bringing this back to the Commission. Largely because of the issues with DOT and we waited for a significant amount of time to let them have an opportunity to kind of work those things out. There still seems to be a[recording in progress]between the applicant and DOT on what the applicant's traffic engineers think is appropriate and what DOT finds acceptable and again we are comfortable moving it forward with the zoning because ultimately DOT is going to have to make the final call. VITOUSEK: So, the last communication from DOT stating that the applicant shall withdraw the application for a Change of Zone and Boundary Amendment until the consolidation and subdivision process is been completed before moving forward as the proposed development contradicts the current restrictions on the property. KAY: Right, so I believe after that came in there's been significant back and forth between the applicant and DOT. So, there hasn't been anything additional in writing that's come in from them. We were hoping that given the additional time we requested or yeah requested for them to kind of nail that down that they could come back with something, some type of an agreement. But that hasn't happened yet. VITOUSEK: No agreement yet? 5 EXHIBIT B KAY: C orrect. VITOUSEK: Okay. KAY: And I'll again, I'll maybe let the applicant speak to some of those additional conversations. DEFRANCO: Thank you, Mr. Vitousek, Commissioner Vitousek. Anybody else? Yes, Commissioner Knowles. KNOWLES: Thank you Chair. I just have a question and some of the testifiers brought this up as well. The goals and priorities set forth in the South Kohala CDP. One of which is responsible growth and looking at sort of what's required, what the recommendations that the CDP specifically sets out prior to sort of rezoning some of these Ag lands is that we wait until. That they should retain their current zoning until such time as sort of an overall comprehensive plan can be put in place. Infrastructure is appropriate et cetera, et cetera, et cetera and I think that's what the CDP contemplates fairly clearly. So, how does this kind of piece meal, small development project fit into the Planning Department's overarching concept or view of what the Waimea Urban Town Center should look like based on the guidance set forth in the CDP. KAY: Yeah, so, on Page 4 of the recommendation we kind of speak to that. So, there's kind of a proviso after the statement that it needs to kind of stay there so that exceptions can be made for affordable housing, agricultural cluster subdivisions and small scale rezonings of four(4) lots or less that may assist families and allowing their children to obtain individual properties. I think that coming back and doing the RA zoning was kind of a compromise that seemed more in line with the CDP than the original State Land Use Urban and Single-Family Residential zoning that was proposed back in 2021. So, the Director felt more comfortable that this particular proposal was more in line with the intent of the CDP. And again, I can refer to the Director on any further discussion on that. KNOWLES: Director Kern would you address this. I mean primarily what I hear this sort of reference that this is accessible to local families and small farmers. I just don't, I'd like to understand how you're thinking about this project in the overall context of planning for Waimea. KERN: Sure. I concur with what our Planner Christian Kay said as well. If you look at the surrounding areas within Waimea this is very consistent to the number of, go back to the other one. The aerial view. There you go. It's consistent with the surrounding property areas. It' very consistent with the General Plan as Christian mentioned. We believe that it's consistent with CDP as well. There's also language that when there's a conflict with the General Plan and the CDP the General Plan will trump the CDP in those cases. And so, looking at the makeup of the area with commercial street frontage, office types uses, and the density that would be allowed we would feel that it is consistent with that area. KNOWLES: Well, as a Waimea resident. I just need to say this is not dense at all. I mean in terms of urban development. What you have is Earl's, a gas station, a dance studio, 6 EXHIBIT B and a coffee shop, basically in this area. I'm just trying to get a sense of, you know, I'm thinking about view planes, I'm thinking about so the folks on the backside where the agricultural rezoning is being requested. They'll have views of the mountain but folks on the road will not. I'm just trying to think about the character of, what's the overall plan for this east side in your view based on the — KERN: Well, couple things there.— KNOWLES: — maps. KERN: — Along the roadway there, you have it State Land Use Urban already, State Land Use is zoned Urban, or is Urban. Which in the case that an urban use should be done along that roadway. So, it's extremely consistent with that. The 5 lots on the backside of it to residential ag would allow for smaller residential ag lots to be created. We all believe that there's a need for lots for families and how do we get to that place if we're not able to create those lots. We can say that we want these things but then when the rubber meets the road what do we actually do. In this case the rubber is meeting the road and there are 5 lots that could be created that are residential ag in Waimea that would provide an opportunity for folks. So, that's why we would support it. KNOWLES: So, in terms of the sort of idea of the traffic concerns and other things that have been raised. Is this in your view what the CDP contemplates as sort of the eastern hub of commercial activity in Waimea. Is this where that plan will be centered in the Planning Departments mind's eye? I'm just trying to get a sense or is this sprawl, sprawl, sprawl. KERN: No, this is getting definitely to the eastern side of it. Can you show, the, um', yeah, so it's right there at the almost towards that eastern hub. Looks like there's a few more lots. So, yeah, it's not going to be more sprawl, sprawl, sprawl. This would be towards that eastern end of things. So, for example. If somebody came in with maybe 5 lots down towards Honoka`a side, don't quote me on the 5 lots, but a number of lots down though we're outside of that we'd be having a different conversation. DEFRANCO: Commissioner Vitousek. VITOUSEK: Sure, so, um', the language that I'm hearing is that this conforms more closely to the community development plan, but it doesn't conform exactly with the community development plan. KAY: Yeah, that's correct. So, on Page 5 of the recommendation it says "the applicant's proposed development does not strictly adhere to the exceptions for changing the current zoning in that it is not an agricultural cluster subdivision, and although the applicant will be required to meet the County Housing Code for providing affordable housing, the subdivision will include primarily market-rate lots. Additionally, the proposed 5-lot subdivision slightly exceeds the 4 lots or less minimum mentioned in the" CDP. And so goes on to say that 2021 there was urban and single-family residential, but the Director feels like this is kind of more in line with what the CDP says in that 202 1 application. 7 EXHIBIT B VITOUSEK: Mahalo and then to Vice Chair Knowles point. Looking at this area on the ground there are look at the zoning map and can see that there are commercial buildings in the area. But all of those are in historic buildings with the exception of the gas station across the street which really stands out tremendously in that area. But going to the east you've got the Fish and the Hog building, which is a historic building. The one to the west is another historic home site used as a commercial. So, the character of the area isn't changed by the use of those historic buildings. This would be a pretty — DEFRANCO: Right. VITOUSEK: — significant— DEFRANCO: Is this a question? VITOUSEK: Sure. The question is, is this the most appropriate zoning. I understand this is within the State Land Use Boundary, but, because we have dual land use regulations. Has the County considered any other zonings that would be more appropriate for this portion of town? KAY: Sure, um' so, I mean ultimately if we're talking about the makai portion as the Director stated is already Urban and so the zoning code would obviously control and if the zoning is approved then anything in the CN zoning would be allowed. The mauka portion that is going from being proposed to go from Ag to Rural is fully within the County's purview as well as it's under 15 acres. So, that's why it's brought in front of you folks as well. So, yeah, I think that we are responding to this application right and I believe the Director's recommendation makes it clear that we feel that it's appropriate the proposed RA zoning. DEFRANCO: Thank you. Okay, so we're going to get a presentation then from the applicant. Thank you Christian, okay. So, we'll the applicant and the representative please come forward. TWO FEMALES AND A MALE CAME TO THE TESTIFIER TABLE FEMALE: Good morning, Chair DeFranco. DEFRANCO: Good morning. Hold on just a second, let's have everybody get seated and then I'm going to ask you to raise your right hand and swear to affirm the truth today. FEMALE: I do. DEFRANCO: Mr. Metzler? METZLER: I do. DEFRANCO: I do. Okay remember to speak directly into the mic, you have to get it sort of close to you do this. 8 EXHIBIT B FEMALE: I think I can project well enough, thank you. DEFRANCO: Okay. FEMALE: Hi. DEFRANCO: I need you to just, hi, state your name and where you're from. GARSON: I'm Katherine Garson, and Onaona Thoene from Carlsmith Ball. We represent Ka`upulehu Land. DEFRANCO: Thank you. GARSON: To my left is John Metzler, Member of Ka`upulehu Land, his wife Joni is behind him. We also have with us our Traffic Consultant Randall Okaneku and Project Engineer Yen Wen Fang. DEFRANCO: Thank you, thank you for being here. Have you received the Background and Recommendation reports from the Planning? GARSON: Yes, we have. DEFRANCO: And do you agree with the recommendations including the proposed conditions? GARSON: Yes, we do. DEFRANCO: Okay and do you have any other comments then. GARSON: If you'll indulge me, I do have a short presentation. DEFRANCO: Thank you. GARSON: I believe that some of you were here in 2021 when the applicant brought a prior application before the Leeward Planning Commission. Our prior application had requested that the back portion of the lot be State Land Use designated Urban and that back portion of the lot be rezoned to RS-10. At that time, there were a lot of comments about that application, and we do have some of the comments up just to kind of remind where we were. Chair DeFranco you asked that applicant to go back and look at the project, reconsider the design. Commissioner Paishon-Duarte said we'll need to do a little bit better at preserving Waimea sense of space and at that time the Planning Director and Planning Department had a couple of suggestions. These were made at the meeting in the last time. asked us, suggested maybe we look at Rural, Residential Ag. At that time it was Chair Vitousek, you know like rural sounds good. So, what the applicant did was go back, take another look at the project, consult with the Planning Department again and so what you have before you is an application that is the result of that 9 EXHIBIT B thought process. Taking in community input, taking the input of the Planning Department, and coming back with this proposal. So, in this application as the Planning Department presented. The front portion is already Urban and so for that there's no change on the State Land Use side. For the zoning, we are requesting to change to Neighborhood Commercial-10,000. The back portion is for an SLU Rural. So, this is a change from our prior request for Urban and instead of RS-10 in the back which would have made that back portion more dense. But we're requesting Residential-Ag for .5 and this is the same slide you saw. The front of the parcel is already Urban, it's that back portion that is labeled with the"A"that we would be asking, that we are asking you to designate Rural. And if you look a little bit to the left of that slide you can see that there is a Rural designation up on the right, a few lots down. So, that Rural designation already exists in Waimea Town, and it really serves to kind of transition between the Urban and the Ag. In the Rural district the minimum lot size it can't be less than a half an acre and again, the last time when we came and we're requesting RS-10. There was sort of this a feeling that there wasn't enough control on the density that if you had rezoned it RS-10 even though the applicant was saying he was going to do so many lots. The RS-10 zoning would allow more and so, with the Rural designation he cannot go smaller than a half an acre. So, it's not going to get more dense than that. This again, we wanted to show you what the existing zoning is. So there is Neighborhood Commercial (CN-10)towards Waimea, on the other side there's RS-10 across the street, Family Ag. It really does give you sort of the commercial uses on Mamalahoa, off Mamalahoa Highway and then the residential uses kind of in the back of that and it's a variety and you can see again on the top left side. So, that area that's Rural in that corner is also Residential Ag -.5. So, that's what we're kind of looking at, some consistency in town. This is just a description of the proposed zonings. If you look at the residential and agricultural half acre it talks about small farms and it is intended to be within the State Land Use Rural or Urban districts. So, this is showing you the existing surrounding commercial uses. Like you said the Fish and the Hog is towards Honoka`a, and Earl's and the Minit Stop is across. Towards Waimea Town you have the HPM Building, you have Napa Auto Parts so those are also not historical buildings but built with that Waimea sense of community which is what the applicant intends. Existing on this property are 2 single-family residences already and the Metzler's fixed them up. So, we wanted to show this is sort of the character of what the homes that we are anticipating are going to be on that back portion. So, there's this one and one more and that and to Commissioner Knowles question about the CDP. So, the way I look at the consistency with the CDP. Because there's 2 existing residences already, you're really looking at 3 additional residents. So, — DEFRANCO: Please direct your comments to me. GARSON: Oh, I'm so sorry. In response to the question about the CDP. So you're really looking at 3 additional residences. So, that to me isn't keeping in line with the four 10 EXHIBIT B additional even though they called them lots. These 2 lots already would have homes on them. So, you're really looking at 3 additional residences. So, to me it keeps within the spirit of what the CDP is asking for. The other thing about the 5 lots is Chapter 11 which is the affordable housing has the affordable housing requirements. If you have 4 lots, there is no affordable housing requirement. Five it kicks in the 20 percent. So, one of the other thoughts were, okay well, if he went down to 4 lots, fine, but then actually there is no affordable housing requirement. By having the 5 there's a 20 percent affordable housing requirement. So, you know we didn't want to come back and then be accused of trying to skirt having that affordable housing option. So, again, this is consistent with the General Plan. It's consistent with the already State Land Use Urban designation and we think that you should give us a favorable recommendation today and we're all here to answer questions. DEFRANCO: We appreciate you coming back with the new plan, and I appreciate seeing the character of the houses that you have presently there because they are in keeping with the historic look of Waimea and sort of that. I think that some of the concerns then is possibly what the character that the development would look like in the front. I think one of the testifiers stated something about the height of that and maybe making it single-story. I just want to address all this so that we can talk a bit about it. So, in the design. Can you speak to us. You don't really have any idea of the design of the front, is that right or? GARSON: One second. It was in the application. DEFRANCO: Okay. GARSON: So, it should be in your background report and if you're looking at an electronic version, I'm sorry, so, I'll just have hold it up for you. It's Exhibit 5. DEFRANCO: Okay. I'm scrolling back to it. Yeah, yeah. KERN: It's on Page 72 in your PDF's of the Background Report. At least it's showing 72 on my PDF reader. [Unintelligible crosstalk] GARSON: So, if you take a look at that Exhibit, it's that same sort of it has a historical Waimea Town look to them. DEFRANCO: Right, okay. So, you know because one of the other testifiers they wanted to say something about it being a Kmart parking lot, no, KTA parking lot and it gives you the imagery of this huge shopping center being put there. But that isn't what this is. It is more in line with maybe medical buildings or something else. Is that what— GARSON: Correct. I think the types of tenants the applicant was looking for are doctors, architects, dentists that sort — 11 EXHIBIT B DEFRANCO: Right. GARSON: — we're talking about, right, yeah. DEFRANCO: Okay. GARSON: Lawyer. DEFRANCO: Commissioner Vitousek. VITOUSEK: Yes, thank you. Does the applicant intend to construct the buildings or sell the commercial lots? METZLER: We haven't made a determination on that yet. Things are moving pretty slowly so we're trying to not make any missteps along the way and do everything as it should be done. DEFRANCO: Are there any other questions? VITOUSEK: I guess same question for the houses in the back. Would you be selling lots or building homes? METZLER: No decision has been made yet, but my instinct is that I'd like to make those 3 remaining Ag lots as affordable as possible to local families. I think the best way to do that is to sell a vacant lot and allow them to build their own home. We've been involved with a lot of self-helped housing and employee type housing for our own group and most of them have built their own homes and really loved it. VITOUSEK: Awesome. I remember last time we had a question about CC&R's on the lots. Is that something that you guys are still considering? CC&R's that would restrict the building of a home to a certain level that would increase the cost for construction. GARSON: Yeah, I don't think that there's a decision on that. On the commercial there will probably have to be CC&R's because it's going to be shared parking. So, the commercial side there will be. VITOUSEK: And on the residential, in the back end. GARSON: No decision, right. METZLER: Well, again we haven't made a decision there. I think as you can see, we restored those 2 homes to their original condition. It wasn't cheap all the way down to the hardware and mill work. So, we've demonstrated that we're interested in maintaining the Waimea culture and heritage and visual. So I think it's safe to say that whether or not there are CC&R's there may be a minor CC&R component but either way the homes that are constructed they will blend in with Hawaii. We'll be sure to make that happen. 12 EXHIBIT B DEFRANCO: Thank you. Commissioner Mike. DELA CRUZ: Oh, Commissioner Vitousek asked to ask a question. But I do have one,just additional to the current structure that is already in the property. Are those currently occupied right now? Or I know you did some renovations on that. Is that currently occupied? METZLER: We have a family member living in one home and we rent the other. DEFRANCO: Any of the other Commissioners have questions? [Unintelligible crosstalk] Sorry. KNOWLES: Thank you Chair. Can you speak a little bit to the ongoing conversations with the Department of Transportation and your concern and your sort of thinking around on how best to address traffic concerns on the road. There are maybe 80 different driveways I think between Kamamalu and Mud Lane and I'd like to hear a little bit from you about what your plans are and where the conversations lie right now at the DOT. GARSON: Yes, so, we met with them in April and the conversation surrounded, so, the conversation surrounded the two access to the commercial versus one. Just backing up a little bit when this project was first, first, first conceptualized the applicant had gone to the South Kohala Traffic Safety Committee and there were actually three (3) accesses. One for each of the lots that are proposed for the commercial and so at that time it was the South Kohala Traffic Committee who said, go take a look at it and reduce the accesses. So, then it became two and so the South Kohala Traffic Committee was satisfied, and I think in the Background Report there's is a letter saying thank you for doing what we asked and taking a look at it again. Then Mamalahoa Highway was recently transferred back to DOT. So we're having this same conversation again about accesses and so it's just at this point it's the applicant justifying two versus one to the commercial portion. And our traffic consultant updated the TIAR so there's an addendum to it to try to give a little bit more background and justification for the two accesses. So, that's where we are. There hasn't been a decision on their part one way or the other and the other thing is I think there's a little bit of a misconception on their part because first they are saying subdivide it first and then come ask us about it. So, we had to recognize oh no, you know this is like, we need to do this before we get to that point. So, that's where discussion is. They haven't committed to allowing the two or one to the commercial. KNOWLES: Thank you. DEFRANCO: Yes. KERN: Madame Chair, I just wanted to really brief on the commercial design component side of things. So when an application comes in for commercial in the Waimea area, we send it to the Waimea Community Group. I just want to say Waimea Community Center, but Waimea Community Association and they review the design, and they give a recommendation back to the Director whether they agree with the design or want to see an adjustment and the concept is to keep it in the character of Waimea and so, that's a practice that we do. I just wanted 13 EXHIBIT B to mention that when that had come up before. We don't do it for residential, but we do it for commercial projects and so this would go through that same process. KNOWLES: Just for clarity, however, I just wanted to ask you to clarify that is a civilian group without any background necessarily in planning or development. KERN: That's absolutely correct and it's not for them to plan out the projects, it's for them to give comments on the aesthetics, the architecture, the color, and those features. KNOWLES: Thank you. DEFRANCO: Thank you and does the applicant want to respond to any of the testifiers concerns that we haven't already spoken about? GARSON: No, I think we've covered it, and we appreciate the public comments and I think coming back to you with a revised plan just demonstrates that we did take all of the comments seriously and tried to incorporate a lot of those comments into this application. DEFRANCO: Thank you. Okay. Alright having no more comments, we need a motion for action on Item 1, State Land Use Boundary Amendment PL-SLU-2022-000008. Looking for a motion. Can I make a motion? Am I allowed to make a motion? [Indecipherable crosstalk] Okay. Yes, Vice Chair, can you make the motion. KNOWLES: I move that a favorable recommendation be forwarded to the County Council on the application for Change of Zone — DEFRANCO: We need a second. KNOWLES: — sorry, I need to do them both. We're doing the first one. DEFRANCO: One at a time. KNOWLES: One at a time. I move that a favorable recommendation be forwarded to the County Council on the application for a State Land Use Boundary Amendment, Docket No. PL-SLU-2022-000008 based on the Planning Director's recommendation, which shall be adopted. DEFRANCO: I need a second,please. DELA CRUZ: Second. DEFRANCO: Seconded by Commissioner Dela Cruz. Okay. So, now we have a discussion,please. Vice Chair Knowles. 14 EXHIBIT B KNOWLES: I represent South Kohala as a Commissioner here and I understand the need for this sort of development, and I also understand the ambivalence or anxiety attendant with these kinds of changes to the community. I think that the applicant is a long-standing resident of the Big Island and businessman and has a lot of experience in this area. But I also, I do think it's incumbent on me to really highlight the anxiety stems from a sense of really not understanding what the overarching plan is for this area and how this fit into that plan. My hope is that Planning Director Kern as you're going forward making recommendations in favor of projects like this that you're contextualizing it in a way that promotes a sense of trust in the community and a sense of security in the ideas behind it and what the overarching plan is. Because what we don't need in Waimea is another commercial business not connected to commercial business one block down by sidewalks for example and by bike paths and alternate transportation routes and those kinds of things. What the community is suffering from is a lack of cohesion in the planning of the community and that is my hesitation in supporting this project. DEFRANCO: Thank you. Were you here in 2021 when they presented, okay. Thank you. Do we have any more discussions. VITOUSEK: Chair. DEFRANCO: Oh wait a minute. VITOUSEK: Oh, is there something else? DEFRANCO: No, okay. Yes. VITOUSEK: Okay. DEFRANCO: Commissioner Vitousek. VITOUSEK: Mahalo. As all the Commissioners know this is something that's going to be decided by the County Council, both of these items. So we're here to provide a recommendation on what we think, if this is an appropriate zoning or not for this area. No disrespect to the applicants. They're definitely valued members of the community, all that and that's not in question. Tome, I just don't think that this is an appropriate zoning for this area at this time. I think it's doing too much in an area where we're transitioning into the country, not like the rural designation. But I think there's too many outstanding issues with traffic and for me if we're adding a commercial development of this size into an area that's on the fringe of the town, I think we need to have the traffic issues addressed in advance. So, for me I would give an unfavorable recommendation for those reasons. DEFRANCO: Thank you. I think I feel sort of the opposite of that. I like the way that they came back, and they made the, they changed the size of the lots in the back and made it affordable and all of us need more homes to live in for the families to live in. And I think they've looked at the land and listening to them after they did this massive cleanup because it used to be a dump there. Cleaning up the whole piece of land, bringing it back into life and then presenting something realizing that it wasn't the best interest of the community. Went back and redesigned it 15 EXHIBIT B so that it was more in keeping the General Plan and the CDP and even their conceptual plans are very nicely done. I mean the homes that exists on it now look like little homes, they are not mega mansions that they're coming in here with and that was a fear before. You can see that's not the intention here. That the intention is to make affordable housing for the community so that people can live there and have their homes there. When I look at the medical community in Waimea wanting more places to have, to service the people that live there. That we need this small kind of development happening there so that we have places for business and for residents. So, for me I'm quite comfortable with the project and I know that it's dependent on the DOT of approval. So, they're going to have to work that out with them, so I'm not worried about the traffic that that's a State thing and it won't get passed through the County unless they come into compliance with the State's regulations and codes. So, I'm comfortable with it. Do we have some more discussion here? No, okay. So, if there's no more discussion than we're going to do a roll call vote, please. KAY: Thank you Madame Chair. This on the State Land Use Boundary Amendment,pardon me, the motion is a favorable recommendation. Vice Chair Knowles? KNOWLES: No. KAY: Commissioner Dela Cruz? DELA CRUZ: Yes. KAY: Commissioner Kanuha? KANUHA: I'll abstain,please. KAY: I'm sorry, did you say abstain? KANUHA: Yeah. [Unintelligible crosstalk] KAY: Commissioner Vitousek? VITOUSEK: No. KAY: And Chair DeFranco? DEFRANCO: Yes. KAY: Okay, motion fails with 2 aye votes, 2 no votes and an abstention. DEFRANCO: Okay, so we're going to look at the next one is a motion for action on Item 2 Change of Zone PL-REZ-2022-000039. 16 EXHIBIT B KNOWLES: I move that a favorable recommendation be forwarded to the County Council on application for Change of Zone, Docket No. PL-REZ-2022-000039, based on the Planning Director's recommendation, which shall be adopted. DEFRANCO: We need a second. VITOUSEK: Second. DEFRANCO: So, we have a discussion. VITOUSEK: I feel the same as the previous. DEFRANCO: Are there any other discussions? No other discussion, we call for a vote. KAY: Thank you Madame Chair. Again, this a favorable recommendation on the rezone, Vice Chair Knowles? KNOWLES: No. KAY: Commissioner Vitousek? VITOUSEK: No. KAY: Commissioner Dela Cruz? DELA CRUZ: Yes. KAY: Okay, and Commissioner Kanuha? KANUHA: Aye, yes. KAY: All right, and pardon me, Chair DeFranco? DEFRANCO: Yes. KAY: Okay, motion fails. DEFRANCO: No, C.J. said yes. Oh. Okay. You'll be notified of the Commissioner's decision in writing. JACKSON: Excuse me Madame Chair. DEFRANCO: Yes. JACKSON: There was actually no decision because both motions failed. 17 EXHIBIT B DEFRANCO: Oh, okay. JACKSON: So, the County Code says that the Planning Commission needs to make a decision meaning a valid vote one way or another within 90 days after receipt of the application from the Director. So, at this point, an option would be to defer the hearing to see if votes change at the next hearing and then if they do not and there is still not a valid motion that goes up. Then failure to act by the Commission is an automatic unfavorable recommendation that would be transferred — DEFRANCO: So, then we — JACKSON: — to the Council. DEFRANCO: — need to make a motion to defer, is that right? KANUHA: Give me a little bit of my [indecipherable] JACKSON: That would be my reading of it. I would ask that— DEFRANCO: Okay. JACKSON: —you check with your Corp Counsel. DEFRANCO: If we make a motion now to defer, so that there's one more person on the Commission and maybe there's another person added. [indecipherable] So,we need a motion to defer,please. KANUHA: [indecipherable] through some of this. I want to— DEFRANCO: CJ is making a motion to defer,but he can't speak [indecipherable crosstalk] KANUHA: I'm so under the weather. I've heard everything today, but I want to [indecipherable] into a little bit more. So, I want to defer to the previous, please. [indecipherable crosstalk] DEFRANCO: CJ is making the motion to defer. KANUHA: I make the motion to defer, I'm sorry, I've been under the weather. So. DEFRANCO: We need a second. VITOUSEK: Second. 18 EXHIBIT B DEFRANCO: Any discussion? [indecipherable crosstalk] Do you object to this motion, to defer? Are you okay with that? GARSON: No, yeah, we're fine. Thank you. DEFRANCO: Okay. All right, so any discussion then on? This is a discussion. KNOWLES: I had a question for the Planning Department. Would it be possible for us to hear from a representative of the Department of Transportation or is it appropriate? KERN: Yeah, we can certainly make that request for the next Planning Commission meeting, not a problem at all. KNOWLES: That would be very helpful. Thank you. KERN: Easy. DEFRANCO: Okay. Is there any discussion on the motion to defer? Seeing none, can we have a roll call please. KAY: Yes, thank you Madame Chair. On the motion to defer, Commissioner Kanuha? KANUHA: Aye. KAY: Commissioner Vitousek? VITOUSEK: Aye. KAY: Commissioner Dela Cruz? DELA CRUZ: Aye. KAY: Commissioner Knowles? KNOWLES: Aye. KAY: And Chair DeFranco? DEFRANCO: Aye. KAY: Motion to defer carries five nothing. DEFRANCO: Thank you, so we need one more motion to defer, was that Item 2, no, that was 1 so now we need a motion to defer Item 2. [indecipherable crosstalk] Okay, so now we need a motion to defer for Item 1. 19 EXHIBIT B KNOWLES: I move that we defer Item 1 to the next meeting of the Leeward Planning Commission. DEFRANCO: We need a second. DELA CRUZ: Second. DEFRANCO: Is there any discussion? No discussion. Are you okay with that? GARSON: Yes, thank you DEFRANCO: Okay. All right, so no discussion. So, we need a vote on this please. KAY: Yes, thank you Madame Chair. Motion to defer for Item 1. Commissioner Knowles? KNOWLES: Aye. KAY: Commissioner Dela Cruz? DELA CRUZ: Aye. KAY: Commissioner Kanuha? KANUHA: Aye. KAY: Commissioner Vitousek? VITOUSEK: Aye. KAY: And Chair DeFranco? DEFRANCO: Aye. KAY: Thank you, motion carries five nothing. DEFRANCO: Thank you. GARSON: Thank you. DEFRANCO: For your presentation. GARSON: You're welcome. 20 EXHIBIT B This agenda item ended at 11:14 a.m. Respectfully submitted, Mel tla zwa�a;wl'W VMOl Melissa Dacayanan-Salvador ug 12,2023 14:43 HST) Melissa Dacayanan-Salvador Secretary to Boards and Commissions 21 EXHIBIT B