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HomeMy WebLinkAbout2020-01-16 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAII MINUTES JANUARY 16, 2020 The Leeward Planning Commission met in regular session at 9:30 a.m. in the West Hawaii Civic Center, Community Center, Building G, 74-5044 Ane Keohokalole Highway, Kailua- Kona, Hawaii, with Chairman Keith F. Unger presiding. COMMISSIONERS PRESENT: Keith F. Unger, Nancy Carr Smith, Perry Kealoha, Max Newberg, Michael Vitousek and Faith "Faye" Yates ALSO PRESENT: Malia Hall, Esq. (Counsel for the Commission), Michael Yee (Planning Director), Jeff Darrow (Planning Program Manager), Christian Kay (Planner), Alex Roy (Planner) and Noriko Sauer(Commission Secretary) And eight people from the public in attendance. A quorum was present. Chairman Unger called the meeting to order and introduced the Commissioners and staff to members of the public. He explained the procedure for public testimony. Chairman Unger announced the presence of Mr. Scott Church, a former commissioner, whose term had ended on December 31, 2019. Chairman Unger thanked Mr. Church and invited him to come forward. Mr. Church was presented with a certificate of appreciation from Mayor Harry Kim and a lei. STATEMENTS FROM THE PUBLIC No statements were presented under this section of the agenda. NEW BUSINESS 1. APPLICANT: JEAN K. CAMPBELL TRUST AND JEFFREY S. CLAPP TRUST (REZ 19-000236) Application for a Change of Zone from an Agricultural- 20 acres (A-20a)to Agricultural-5 acres (A-5a) zoning district for 21.296 acres of land. The subject property is located at 73- 1915 Kaloko Drive, about 700 feet north of the most mauka intersection of Hao Street and Kaloko Drive, Kaloko Mauka Subdivision, North Kona, Hawaii, TMK: (3) 7-3-025:002. The Commission took up this item at 9:37 a.m., with six people from the public in attendance. There was no one who wished to testify regarding this item. At 9:55 a.m. it was moved by Chairman Unger and seconded by Commissioner Vitousek that "the Commission enter into executive session to consult with its attorney regarding questions and 1 issues pertaining to the Commission's powers, duties, privileges and liabilities pursuant to HRS 92-5." A voice vote was taken, and the motion carried with all in favor. The room was cleared, and the Commission went into executive session at 9:57 a.m. At 10:11 a.m. it was moved by Commissioner Vitousek and seconded by Commissioner Carr Smith that the Commission go out of executive session. Upon a voice vote, the motion carried with all in favor. The hearing was reconvened at 10:12 a.m. Action: A motion was made by Commissioner Vitousek, and seconded by Commissioner Kealoha, "to postpone the current agenda item to the next available Leeward Planning Commission meeting to allow them the opportunity to prepare an archaeological field inspection of the subject property." A roll call vote was taken, and the motion carried with six ayes (Vitousek, Kealoha, Carr Smith, Newberg, Yates and Unger) and no noes. [SEE HEARING TRANSCRIPT EXHIBIT AJ 2. APPLICANT: KOHALA SHORELINE, LLC (REZ 19-000237) Application for a Change of Zone from a Single-Family Residential-15,000 square feet (RS- 15)to Residential and Agricultural-5 acres (RA-5a) zoning district for 37.88 acres of land. The subject property is located on the makai (west) side of Akoni Pule Highway directly across from the entrance to Kohala Ranch at Kahua 1st, North Kohala, Hawai`i, TMK: (3) 5-9-001:008. 3. APPLICANT: KOHALA SHORELINE, LLC (SMA 19-000073) Application for a Special Management Area Use Permit to develop a six-lot subdivision on 37.88 acres of land within the Special Management Area. The subject property is located on the makai (west) side of Akoni Pule Highway directly across from the entrance to Kohala Ranch at Kahua 1st, North Kohala, Hawaii, TMK: (3) 5-9-001:008. 4. APPLICANT: KOHALA SHORELINE, LLC (FORMERLY GENTRY-PACIFIC, LTD.) (SMA 379) Request to revoke Special Management Area Use Permit No. 379, which was granted in 1997 to develop a 50-lot single-family residential subdivision and related improvements on 37.88 acres of land. The subject property is located on the makai (west) side of Akoni Pule Highway directly across from the entrance to Kohala Ranch at Kahua 1st, North Kohala, Hawaii, TMK: (3) 5-9-001:008. The Commission took up these three items simultaneously at 10:16 a.m., with five people from the public in attendance. One public member provided testimony regarding this item. Action on REZ 19-000237: It was moved by Commissioner Carr Smith and seconded by Commissioner Kealoha that"a favorable recommendation be forwarded to the County Council on the application for Change of Zone, Docket No. REZ 19-000237, based on the Planning Director's recommendation, which shall be adopted." A roll call vote was taken, and the motion carried with five ayes (Carr Smith, Kealoha, Newberg, Yates and Unger) and no noes. Commissioner Vitousek maintained a kanalua vote. 2 Action on SMA 19-000073: It was moved by Commissioner Carr Smith and seconded by Commissioner Kealoha that"the application for the Special Management Area Permit, Docket No. 19-000073, be approved based on the Planning Director's recommendation, including the revised conditions, which shall be adopted." A roll call vote was taken, and the motion carried with four ayes (Carr Smith, Kealoha, Newberg and Unger) and two noes (Vitousek and Yates). Action on SMA 379: It was moved by Commissioner Carr Smith and seconded by Commissioner Kealoha that"the application to revoke Special Management Area Permit 379 be approved based on the Planning Director's recommendation, which shall be adopted." A roll call vote was taken, and the motion carried with six ayes (Carr Smith, Kealoha, Newberg, Vitousek, Yates and Unger) and no noes. [SEE HEARING TRANSCRIPT EXHIBIT BJ 5. APPLICANT: BNP PARIBAS VPG BROOKLINE CRE, LLC (REZ 19-000238) Application for a Change of Zone from a Single-Family Residential-7,500 square feet (RS- 7.5) and Multiple-Family Residential-3,500 square feet(RM-3.5)to Residential and Agriculture-3 acres (RA-3a) and Single-Family Residential-20,000 square feet(RS-20) zoning district for 29.949 acres of land. The subject property is located east and west of the La`aloa Avenue extension between La`ela`e Street and Kuakini Highway, Pahoehoe 2nd North Kona, Hawaii, TMKs: (3) 7-7-008:120 and 124. This item had been postponed until the February 20, 2020, meeting earlier. There was no one from the public who wished to testify regarding this item. MINUTES Approval of the Minutes of the August 15, 2019, Leeward Planning Commission meeting. At 11:41 a.m. it was moved by Commissioner Kealoha and seconded by Commissioner Carr Smith that the minutes be approved as submitted. A voice vote was taken, and the motion carried with all in favor. ADMINISTRATIVE MATTERS 1. Election of Officers for 2020. The Commission took up this item at 11:42 a.m., with one person from the public in attendance. Chairman Unger nominated Commissioner Carr Smith as chairperson. Commissioners Vitousek, Kealoha and Yates expressed their support. There being no other nominations, a voice vote was taken, and the nomination was approved unanimously. Commissioner Carr Smith accepted her appointment as chairperson for 2020. 3 Commissioner Vitousek nominated Commissioner Kealoha as vice chairperson. Commissioner Kealoha nominated Commissioner Vitousek as vice chairperson. Commissioner Vitousek declined his nomination, saying that Commissioner Kealoha had more experience and was more familiar with the meeting process. There being no other nominations, a voice vote was taken, and the nomination was approved unanimously. Commissioner Kealoha accepted his appointment as vice chairperson for 2020. 2. Discussion of recent Special Management Area (SMA) determinations, minor permits and enforcement action issued by the Planning Director. The Commission took up this item at 11:47 a.m., with one person from the public in attendance. Mr. Darrow apologized that the most recent log was not available. He informed the Commission that there was a case that court had remanded back to the Windward Planning Commission. He said that SMA Assessment applications had been coming in steadily, with ten to 15 pending applications at any given time, and that there were also a number of violations pending enforcement action. ANNOUNCEMENTS Mr. Darrow announced that the next meeting was scheduled for February 20, 2020, whose agenda included, among other items, REZ 19-000238, Applicant BNP Paribas VPG Brookline CRE, LLC, which had been deferred from this meeting. Commissioner Carr Smith expressed her concern about the historic preservation review process issue, which had been raised by Commissioner Vitousek during both hearings. She asked if the Commission could be educated on that topic. Ms. Hall responded that she would do some research to make sure that the Commission was in line with other jurisdictions and to determine how much leeway the Commission had. Chairman Unger commented that it was also serious concern of developers that they might have to spend a substantial amount of money for a project that might not be approved. Commissioner Vitousek said that while he understood that aspect, he was also concerned about pushing a project forward when the applicant had not fully complied with environmental review, which would present an even bigger risk of getting the project shut down later. He opined that the Commission's obligation was to complete the process to the most thorough extent possible so that a good project would not have challenges later for noncompliance with simple historic preservation or environmental review. Chairman Unger noted that if resolution was not reached, this matter would be raised at every hearing on rezone/subdivision applications. Director Yee commented that he appreciated the push for trying to ensure preservation of cultural resources. He said that there were also other matters, however, that the community wanted done up front, such as drainage studies, and that there was a balance to be kept so as not to make developers spend a lot of money on projects that might not be approved. Commissioner Vitousek said that the County's own process to review these projects should be the focal point, as the treatment of historic sites was of paramount importance in every community development plan and the overall General Plan, and that he would be very happy to help the Planning Department in that regard. Director Yee mentioned that he had submitted two supplemental requests for the Planning Department budget, as well as a fellowship application 4 for a two-year position, all of which were encompassing cultural resources. Mr. Darrow commented that lack of response from the State Historic Preservation Division ("SHPD") had been one of the main challenges, and that the Director was hoping to execute a memorandum of agreement with SHPD that would shift some authority to the Department. Commissioner Vitousek pointed out that the final approval already rested with the permitting agency, not with SHPD; therefore, if SHPD missed its deadline, the County could move forward. Mr. Darrow said that the County lacked such expertise and therefore depended on SHPD, and that the Department was afraid that some historic resources might be lost without SHPD's guidance. Commissioner Vitousek reiterated that that was why the County needed to build its own expertise so that it could control the process to move projects forward instead of having applicants languishing for years, and that he would be happy to help in building the County's expertise. Chairman Unger requested that Ms. Hall do some research, as she had mentioned, and that it be agendized for the next meeting to enable more discussion. Chairman Unger presented the Commission with a new Hawaiian gavel made of koa and expressed his appreciation for the support he had received from the fellow commissioners and the Planning Department staff. ADJOURNMENT There being no further business, it was moved by Commissioner Vitousek and seconded by Commissioner Carr Smith that the meeting be adjourned. A voice vote was taken, and the motion carried with all in favor. Chairman Unger adjourned the meeting at 11:59 a.m. Respectfully submitted, Noriko Sauer, Secretary ATTEST: Keith F. Unger, Chairman Leeward Planning Commission 5