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Home My WebLink About2020-06-18 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAII MINUTES JUNE 18, 2020 The Leeward Planning Commission met in regular session at 9:30 a.m., with Chairperson Nancy Carr Smith presiding. Based on the emergency proclamations of the Governor and the Mayor regarding the COVID-19 pandemic, the meeting was held via online technology, with live-streaming for the public to observe the meeting. COMMISSIONERS IN ATTENDANCE: Nancy Carr Smith, Perry Kealoha, Max Newberg, Mark Van Pernis, Michael Vitousek and Faith "Faye" Yates ALSO IN ATTENDANCE: J Yoshimoto, Esq. (Counsel for the Commission), Michael Yee (Planning Director), John Mukai, Esq. (Counsel for the Planning Director), Jeff Darrow (Planning Program Manager), Maija Jackson (Planner), Christian Kay (Planner), Jessica Andrews (Planner), Alex Roy (Planner), Rachelle Ley (Secretary to the Planning Director) and Noriko Sauer(Commission Secretary) [Secretary's Note: Throughout the meeting, there were some technical and/or internet difficulties. The notation "- - -" in the exhibit transcripts indicates such occurrence, which made the conversation inaudible.] A quorum was present. Chair Carr Smith called the meeting to order. She stated that as noted on the advertised agenda, public participation was limited to written testimony, and that the Commission was in receipt of some testimony through the Planning Department. She introduced the Commissioners and staff who were in virtual attendance. Commissioner Van Pernis stated that he was aware of a lawsuit that had been filed, challenging the Governor and Mayor's ruling on suspending in-person meetings, among other things. He asked Mr. Yoshimoto whether these virtual meetings would be valid or become invalid, if the lawsuit prevailed. Mr. Yoshimoto responded that there was a provision in the Sunshine Law, which required that a meeting be redone, if it was conducted in violation of the law; therefore, there was the possibility with this meeting and any future virtual meetings as well. He advised the Commission to proceed with the meeting today since it was being conducted according to the current rules, and that the outcome of the lawsuit could not be predicted. NEW BUSINESS 1. APPLICANT: PARKER SCHOOL (AMEND USE 05-001) Application to amend Condition No. 6 (Time to Complete Construction) of Use Permit No. 05-001, which was approved in December 2005 and amended in February 2010 to allow the establishment of an elementary school (grades K-6) and expansion of the Parker School complex to 14.32 acres situated within the Agricultural-1 acre (A-la) and Single-Family 1 Residential-7,500 square feet(RS-7.5) zoned district. The subject property is located between Kapi`olani Road and Waikoloa Stream, Waimea, South Kohala, Hawaii, TMK: (3) 6-5-004:025, 026, 028 and 063. The Commission took up this item at 9:37 a.m. Chair Carr Smith confirmed with staff that no public testimony had been submitted in a timely fashion regarding this agenda item. Action: It was moved by Commissioner Kealoha and seconded by Commissioner Vitousek that "the request for a time extension to comply with Condition No. 6 of Use Permit No. 5-001 be approved based on the Planning Director's recommendation, which shall be adopted, with the addition of the amendments." A roll call vote was taken, and the motion carried with six ayes (Kealoha, Vitousek, Newberg, Van Pernis, Yates and Carr Smith) and no noes. [SEE HEARING TRANSCRIPT EXHIBIT AJ The hearing ended at 10:00 a.m. A short recess was taken for the next applicant to log on. Chair Carr Smith called the meeting back to order at 10:15 a.m. 2. APPLICANT: KONA COUNTRY CLUB, INC. (AMEND REZ 09-000098) Application for a time extension to Condition D (Time to Complete Construction) of Ordinance No. 09 159, which reclassified 51.058 acres of land from an Agricultural 5 acres (A-5a) to a Multiple-Family Residential 30,000 square feet(RM-30) zoning district. The subject property is located mauka of the Mamalahoa Highway Bypass, between the Highway and the Kona Country Club mauka golf course, Keauhou Resort, Keauhou, North Kona, Hawaii, TMK: (3) 7-8-010:101. The Commission took up this item at 10:15 a.m. Chair Carr Smith confirmed with staff that no public testimony had been submitted in a timely fashion regarding this agenda item. Action: It was moved by Commissioner Vitousek and seconded by Commissioner Kealoha that "a favorable recommendation be forwarded to the County Council on the applicant's request for a time extension to Condition D, time to complete the construction, of Ordinance No. 09-159, as amended, based on the Planning Director's recommendation, which shall be adopted, as amended." A roll call vote was taken, and the motion carried with six ayes (Vitousek, Kealoha, Newberg, Van Pernis, Yates and Carr Smith) and no noes. [SEE HEARING TRANSCRIPT EXHIBIT BJ The hearing ended at 11:21 a.m. A short recess was taken for the next applicant to log on. Chair Carr Smith called the meeting back to order at 11:30 a.m. 3. APPLICANT: JOHN AND PARIS REYNOLDS (SPP 20-000215) Application for a Special Permit to establish a one-bedroom bed and breakfast establishment within an existing one-bedroom farm dwelling on 5 acres of land situated within the State Land Use Agricultural District. The subject property is located at 64-5203 Kauakea Road, at 2 the intersection with Mamalahoa Highway, Pu`ukapu Homesteads, South Kohala, Hawaii, TMK: (3) 6-4-017:023. The Commission took up this item at 11:30 a.m. Chair Carr Smith confirmed with staff that no public testimony had come in regarding this agenda item in time for this meeting. Action: It was moved by Commissioner Vitousek and seconded by Commissioner Kealoha that "the application for Special Permit Docket No. 20-000215 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, Van Pernis, Yates and Carr Smith) and no noes. [SEE HEARING TRANSCRIPT EXHIBIT CJ The hearing ended at 11:46 a.m. 4. INITIATOR: PLANNING DIRECTOR An ordinance amending Chapter 25 (Zoning Code), Articles 1 and 5 of the Hawaii County Code 1983 (2016 Edition, as amended), relating to primary airports. The purpose of these amendments is to establish a land use called "Primary Airports"by adding a definition, identifying accessory land uses, and adding the land use as a permitted use within the County's General Industrial (MG) zoning district. Chair Carr Smith stated that this agenda item was postponed until the next meeting. Mr. Darrow explained that the Planning Director had to make some adjustments to his proposal, and that this matter would be heard by both the Leeward and Windward Planning Commissions at their respective meetings in July. 5. APPLICANT: SUFFOLK INVESTMENT LLC (AMEND REZ 2004-000024) Continued hearing on an 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. 3 6. APPLICANT: PUAA DEVELOPMENT LLC (AMEND REZ 2004-000025) Continued hearing on an 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, Hawaii, TMK: (3) 7-5-017:001. The Commission took up these two items simultaneously at 11:50 a.m. Chair Carr Smith acknowledged receipt of written testimony submitted by the following individuals: Joel Gimpel; Renee Inaba; Joel Cooperson; Edward Rapoza; Ryan Burns; Peri and Bill Steffenhagen; and Marya and Elizabeth. Action on AMEND REZ 2004-000024: It was moved by Commissioner Vitousek and seconded by Commissioner Kealoha that the Commission defer making a decision until a future date in order to allow the applicant and the Department the opportunity to work collaboratively for planning a solution that allows the existing zoning to be continued subject to conditions. A roll call vote was taken, and the motion carried with five ayes (Vitousek, Kealoha, Newberg, Yates and Carr Smith), one abstention (Van Pernis) and no noes. Action on AMEND REZ 2004-000025: It was moved by Commissioner Vitousek and seconded by Commissioner Kealoha that the Commission defer making a decision until a future date in order to allow the applicant and the Department the opportunity to work collaboratively for planning a solution that allows the existing zoning to be continued subject to conditions. A roll call vote was taken, and the motion carried with five ayes (Vitousek, Kealoha, Newberg, Yates and Carr Smith), one abstention (Van Pernis) and no noes. [SEE HEARING TRANSCRIPT EXHIBIT DJ The hearing was adjourned at 2:36 p.m. MINUTES Approval of the Minutes of the February 20, 2020, Leeward Planning Commission meeting. At 2:36 p.m. it was moved by Commissioner Kealoha 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. 4 ADMINISTRATIVE MATTERS Chair Carr Smith commented that she had heard of an applicant for the South Kona seat of the Commission. Mr. Darrow responded that he had not been informed of any pending nominations but would inquire of the Mayor's Office. Director Yee expressed his appreciation for Ms. Ley and staff's effort to prepare and facilitate virtual meetings for both the Leeward and Windward Planning Commissions. Chair Carr Smith also commended staff for its teamwork. ANNOUNCEMENTS None. ADJOURNMENT There being no further business, it was moved by Commissioner Yates and seconded by Commissioner Vitousek 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 2:38 p.m. Respectfully submitted, Noriko Sauer, Secretary ATTEST: Nancy Carr Smith, Chairperson Leeward Planning Commission 5