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Home My WebLink About2020-02-20 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAII MINUTES FEBRUARY 20, 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 Chairperson Nancy Carr Smith presiding. COMMISSIONERS PRESENT: Nancy Carr Smith, Perry Kealoha, Max Newberg, Keith F. Unger, Mark Van Pernis and Michael Vitousek (until 3:16 p.m.) ABSENT AND EXCUSED: Faith "Faye" Yates ALSO PRESENT: Malia Hall, Esq. (Counsel for the Commission), Michael Yee (Planning Director), Jeff Darrow (Planning Program Manager), Jessica Andrews (Planner), Christian Kay (Planner), Alex Roy (Planner) and Noriko Sauer (Commission Secretary) And approximately 26 people from the public in attendance. A quorum was present. Chair Carr Smith called the meeting to order and introduced the Commissioners and staff to members of the public. She explained the procedure for public testimony. STATEMENTS FROM THE PUBLIC No statements were presented under this section of the agenda. UNFINISHED 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 Ha`o Street and Kaloko Drive, Kaloko Mauka Subdivision, North Kona, Hawaii, TMK: (3) 7-3-025:002. The Commission took up this item at 9:31 a.m., with approximately 26 people from the public in attendance. There was no one who wished to testify regarding this agenda item. Action: It was moved by Commissioner Newberg 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 19-000236, based on the Planning Director's recommendation, which shall be adopted. Commissioner Van Pernis moved that the motion be amended to include a condition that the public trail remain available to the public. The subsidiary motion failed with 1 no second. A roll call vote on the main motion was taken, and it carried with five ayes (Newberg, Kealoha, Unger, Vitousek and Carr Smith), one "present" abstention (Van Pernis), no noes and one excused (Yates). [SEE HEARING TRANSCRIPT EXHIBIT AJ NEW BUSINESS 2. 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. The Commission took up this item at 9:49 a.m., with approximately 25 people from the public in attendance. Two public members provided testimony against this application. Action: It was moved by Commissioner Unger and seconded by Commissioner Newberg that a favorable recommendation be forwarded to the County Council on the application of Change of Zone, Docket No. REZ 19-000238, based on the Planning Director's recommendations, which shall be adopted. A roll call vote was taken, and the motion carried with six ayes (Unger, Newberg, Kealoha, Van Pernis, Vitousek and Carr Smith), no noes and one excused (Yates). [SEE HEARING TRANSCRIPT EXHIBIT BJ 3. APPLICANT: DANA KERN (SPP 19-000204) Application for a Special Permit to legitimize the conversion of an existing garden store to be used as a K-8 private school for up to 49 students on 3.281 acres of land situated within the State Land Use Agricultural District. The subject property is located at 74-4820 Mamalahoa Highway, at the intersection with Palani Road, Honok6hau 1st, North Kona, Hawaii, TMK: (3) 7-4-006:012. The Commission took up this item at 10:11 a.m., with approximately 23 people from the public in attendance. One public member provided testimony in support of this application. Action: It was moved by Commissioner Vitousek and seconded by Commissioner Kealoha that the application for Special Permit, Docket No. 19-204, 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 (Vitousek, Kealoha, Newberg, Unger, Van Pernis and Carr Smith), no noes and one excused (Yates). [SEE HEARING TRANSCRIPT EXHIBIT Q At 10:20 a.m. Chair Carr Smith called a recess. The meeting was reconvened at 10:30 a.m. 2 4. APPLICANT: SUFFOLK INVESTMENT LLC (AMEND REZ 2004-000024) Application to amend Condition B (Time to Pay Water Deposit), Condition C (Time to Complete Construction), Amend Condition D (Delete Rental Housing Restriction), Amend Condition E (Delete Requirement for Supplemental TIAR), Amend Condition F (Roadway Improvements), Amend Condition H (Location of Spine Road within Project Site), Amend Condition I (Kuakini Highway Improvements), Amend Condition U (Requirement of a 5-acre School Site & Improvements), Amend Condition V (Fair Share), Amend Condition X (Affordable Housing Requirement& Change Housing Program Approving Authority), and Amend Condition Z (Administrative Time Extension) of Ordinance No. 05-113. Ordinance No. 05-113 reclassified the 14.872-acre property from Agricultural-5 acres (A-5a) to Multiple-Family Residential-2,500 square foot(RM-2.5) in 2005. The subject property is located west(makai) of Queen Ka`ahumanu Highway and east(mauka) of Kuakini Highway and the Kahakai Estates Subdivision, approximately 2,200 feet north of the Queen Ka`ahumanu Highway—Kuakini Highway intersection, Puapuaaiki 1st, North Kona, Hawaii, TMK: (3) 7-5-017:019. 5. APPLICANT: PUAA DEVELOPMENT LLC (AMEND REZ 2004-000025) Application to amend Condition B (Time to Pay Water Deposit), Condition C (Time to Complete Construction), Condition E (Delete Requirement for Supplemental Traffic Study), Condition F (Roadway Improvements), Condition H (Location of Spine Road), Condition I (Kuakini Highway Improvements), Condition V (Requirement for a 5-Acre School Site and Improvements), Condition W (Fair Share Contribution), Condition Y (Affordable Housing Timing), Condition Z (Housing), and Condition BB (Administrative Time Extension) of Ordinance No. 05-115. Ordinance No. 05-115 reclassified the 14.973-acre property from Agricultural-5 acres (A-5a) to Neighborhood Commercial-20,000 square feet(CN-20) in 2005. The subject property is located west(makai) of Queen Ka`ahumanu Highway and the Pualani Estates Subdivision, and about 1,400 feet north of the Queen Ka`ahumanu Highway— Kuakini Highway intersection, Puapuaaiki 1st and Puapuaanui 1st, North Kona, Hawai`i, TMK: (3) 7-5-017:001. The Commission took up these two items simultaneously at 10:30 a.m., with approximately 15 people from the public in attendance. One public member provided testimony in support of the Planning Director's unfavorable recommendation on both items. Action: It was moved by Commissioner Vitousek and seconded by Commissioner Kealoha that the Commission continue these agenda items to the next available Commission meeting. A voice vote was taken, and the motion passed, with only Commissioner Van Pernis voting against. [SEE HEARING TRANSCRIPT EXHIBIT DJ Chair Carr Smith called a lunch recess at 12:25 p.m. The meeting was reconvened at 1:15 p.m. 3 6. APPLICANT: SGRY DBA KONALANI YOGA ASHRAM (SMA 19-000074) Application for a Special Management Area Use Permit to legitimize the development and operation of a residential yoga ashram, and the establishment and operation of a church facility with a meditation temple, classrooms, six (6) guest bedrooms and a commercial kitchen and related improvements on an approximately one (1) acre portion of a larger 5.1570-acre property situated in the Special Management Area. The subject property is located at 77-0447 Ho`omaluhia Drive, at the southern terminus of Sea View Circle, H6lualoa 3 rd—Kaumalumalu—B each Sec., North Kona, Hawaii, TMK: (3) 7-7-004:065 (por). 7. APPLICANT: SGRY DBA KONALANI YOGA ASHRAM (SPP 19-000210) Application for a Special Permit to legitimize the development and operation of a residential yoga ashram, and the establishment and operation of a church facility with a meditation temple, classrooms, six (6) guest bedrooms and a commercial kitchen and related improvements on an approximately one (1) acre portion of a larger 5.1570-acre property situated in the State Land Use Agricultural District. The subject property is located at 77-0447 Ho`omaluhia Drive, at the southern terminus of Sea View Circle, H6lualoa 3rd— Kaumalumalu—Beach Sec., North Kona, Hawaii, TMK: (3) 7-7-004:065 (por). The Commission took up these two items simultaneously at 1:15 p.m., with eight people from the public in attendance. Two public members provided testimony in support of these applications, and two others expressed their opposition and concerns. Commissioner Vitousek was excused from the meeting at 3:16 p.m. At 3:32 p.m. Chair Carr Smith called a short recess. The hearing was reconvened at 3:40 p.m. Action on SMA 19-000074: It was moved by Commissioner Unger and seconded by Commissioner Kealoha that the application for Special Management Area Permit, Docket No. 19-000074, be approved based on the Planning Director's recommendations, including deletion of Condition No. 9, which shall be adopted. A roll call vote was taken, and the motion carried with five ayes (Unger, Kealoha, Newberg, Van Pernis and Carr Smith), no noes and two excused (Vitousek and Yates). Action on SPP 19-000210: It was moved by Commissioner Unger and seconded by Commissioner Kealoha that the application for Special Permit, Docket No. 19-000210, be approved based on the Planning Director's recommendations, which shall be adopted, subject to changing Condition No. 4 to read, "Should the Department of Public Works, Building Division, require it, and prior to resumption of public activities on the property and within the proposed Residential Yoga Ashram, the applicant shall secure change of use and `as-built' building permits and be granted a Certificate of Occupancy meeting with the requirements of the Department of Public Works, Building Division, and/or as articulated in the Building Division's December 27, 2019 memorandum," and Condition No. 6 to read, "Vehicular access for members of the public to the subject property shall be limited to Sea View Circle. All driveway connections to Sea View Circle and any work within the County Right-of-Way shall conform to Chapter 22, County Streets, of the Hawaii County Code." Upon suggestion by Commissioner Van Pernis, Commissioner Unger amended his motion to also add the following sentence to the 4 end of Condition No. 12: "Preparation of food in the commercial kitchen shall be limited to the premises and not for the public offsite." Commissioner Kealoha seconded the amended motion. A roll call vote was taken, and the motion carried with five ayes (Unger, Kealoha, Newberg, Van Pernis and Carr Smith), no noes and two excused (Vitousek and Yates). [SEE HEARING TRANSCRIPT EXHIBIT EJ MINUTES Approval of the Minutes of the January 16, 2020, Leeward Planning Commission meeting. At 3:55.m. it was moved by Commissioner Unger and seconded by Commissioner Newberg that the minutes be approved as submitted. A voice vote was taken, and the motion carried with all in favor. ADMINISTRATIVE MATTERS 1. Discussion of the Historic Preservation Review process for applications that go before the Leeward Planning Commission. By the Chairperson's call, this item was postponed until the next meeting. 2. Discussion of recent Special Management Area (SMA) determinations, minor permits and enforcement action issued by the Planning Director. By the Chairperson's call, this item was also postponed until the next meeting. ANNOUNCEMENTS None. ADJOURNMENT There being no further business, it was moved by Commissioner Unger and seconded by Commissioner Newberg that the meeting be adjourned. A voice vote was taken, and the motion carried with all in favor. Chair Carr Smith adjourned the meeting at 3:55 p.m. Respectfully submitted, Noriko Sauer, Secretary ATTEST: Nancy Carr Smith, Chairperson Leeward Planning Commission 5