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Home My WebLink About2020-08-20 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAII MINUTES AUGUST 20, 2020 The Leeward Planning Commission met in regular session at 9:40 a.m., with Chairperson Nancy Carr Smith presiding. Based on the Governor's Tenth Proclamation Related to the COVID-19 and the Mayor regarding the COVID-19 Emergency, this meeting was held online, 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), Alex Roy (Planner), Christian Kay (Planner), Tracie-Lee Camero (Planner), Rachelle Ley (Secretary to the Planning Director), Kim Tanaka(Board and Commission Secretary) and Noriko Sauer (Leeward Planning 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 explained the procedure for and the protocol at this online meeting, including live public testimony. She introduced the Commissioners and staff who were in virtual attendance. NEW BUSINESS 1. APPLICANT: FAIRVIEW AVENUE HAWAII LLC (SPP 20-000216) Application for a Special Permit to establish a 40-room lodge and accessory improvements on a 14.9-acre portion of a 294-acre property situated in the State Land Use Agricultural District. The subject property is located about 2.5 miles east and mauka of Kealakekua north of Pu`u Lehua Drive, Hokukano l" & 2nd, North Kona, Hawaii, TMK: (3) 7-9-001: portion 002. Chair Carr Smith introduced this item at 9:43 a.m. and stated that she had granted the applicant's request for a postponement until a later date, no sooner than October 15, 2020. Ms. Jackson informed the Commission that the Planning Department had received an email earlier in the morning from the applicant's representative, Mr. Zendo Kern, notifying of the applicant's decision to withdraw the application. 1 There was no one who wished to testify in person regarding this agenda item. Chair Carr Smith acknowledged receipt of written testimony from the following public members: Ken Melrose; Chuck Flaherty; Cheri Mardon; Susan Slavish; Kaimana Souza; Kahiau Souza; Kristen Lee Souza; Caroline Greenwell; Jeffrey McConnel; one anonymous; Sara Vargas; and Tim Vargas. She noted that they all testified against the proposed project. Commissioner Van Pernis noted that the Hawaii Supreme Court had recently issued a decision that the county could ban short-term vacation rentals on Agricultural lands. He inquired of Mr. Yoshimoto whether that decision would prohibit such applications in the future. Mr. Yoshimoto responded that he would do some research and advise the Commission. It was moved by Commissioner Kealoha and seconded by Commissioner Vitousek that the Commission close public testimony for this agenda item. A voice vote was taken, and the motion carried with all in favor. 2. APPLICANT: DANNY JULKOWSKI (PUA MELIA, LLC) (SLU 20-000053/REZ 20-000241) Applications for a State Land Use Boundary Amendment from Agricultural to Urban for 11.707 acres of land and a Change of Zone from an Open (0) and Residential and Agricultural 1-acre (RA-la) to a Village Commercial-10,000 square feet(CV-10) zoning district for 11.707 acres of land. The subject property is located south of Waikoloa Road, approximately 0.3 miles east of the intersection of Pua Melia Street and Waikoloa Road at Waikoloa, South Kohala, Hawaii, TMK: (3) 6-8-002:057. The Commission took up this item at 9:49 a.m. Action on SLU 20-000053: It was moved by Commissioner Newberg and seconded by Commissioner Yates that"an unfavorable recommendation be forwarded to the County Council on the applicant's request for a State Land Use Boundary Amendment from Agricultural to Urban for 11.707 acres of land based on the Planning Director's recommendation." A roll call vote was taken, and the motion carried with four ayes (Newberg, Yates, Kealoha and Van Pernis,) and two noes (Vitousek and Carr Smith). Action on REZ 20-000241: It was moved by Commissioner Newberg and seconded by Commissioner Yates that"an unfavorable recommendation be forwarded to the County Council on the applicant's request for a Change of Zone from Open and Residential and Agricultural 1-Acre to a Village Commercial CV-10 zoning district based on the Planning Director's recommendation." A roll call vote was taken, and the motion carried with four ayes (Newberg, Yates, Kealoha and Van Pernis,) and two noes (Vitousek and Carr Smith). [SEE HEARING TRANSCRIPT EXHIBIT AJ The hearing ended at 11:22 a.m. Chair Carr Smith called a recess. The Commission reconvened at 11:36 a.m. 2 3. 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 Limited Industrial (ML) and General Industrial (MG) zoning districts. The Commission took up this item at 11:36 a.m. Action: It was moved by Commissioner Newberg and seconded by Commissioner Vitousek that "a favorable recommendation be forwarded to the County Council for the Planning Director initiated ordinance amending Chapter 25, Zoning Code, Articles 1 and 5 of the Hawaii County Code, relating to primary airports based on the Planning Director's recommendation, which shall be adopted." A roll call vote was taken, and the motion carried with six ayes (Newberg, Vitousek, Kealoha, Van Pernis, Yates and Carr Smith) and no noes. [SEE HEARING TRANSCRIPT EXHIBIT BJ The hearing ended at 12:43 p.m. Chair Carr Smith called a recess. The Commission reconvened at 1:19 p.m. 4. 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. 5. 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 3 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 1:19 p.m. Action on AMEND REZ 2004-000024: It was moved by Commissioner Newberg and seconded by Commissioner Van Pernis that"an unfavorable recommendation be forwarded to the County Council on the applicant's proposed amendments for Change of Zone Ordinance No. 05-113, based on the Planning Director's recommendation, which shall be adopted." A roll call vote was taken, and the motion carried with six ayes (Newberg, Van Pernis, Kealoha, Vitousek, Yates and Carr Smith) and no noes. Action on AMEND REZ 2004-000025: It was moved by Commissioner Newberg and seconded by Commissioner Van Pernis that"an unfavorable recommendation be forwarded to the County Council on the applicant's proposed amendments to Change of Zone Ordinance No. 05-115, based on the Planning Director's recommendation, which shall be adopted." A roll call vote was taken, and the motion carried with six ayes (Newberg, Van Pernis, Kealoha, Vitousek, Yates and Carr Smith) and no noes. [SEE HEARING TRANSCRIPT EXHIBIT CJ The hearing ended at 3:50 p.m. MINUTES Approval of the Minutes of the June 18, 2020, Leeward Planning Commission meeting. At 3:51 p.m. it was moved by Commissioner Vitousek and seconded by Commissioner Kealoha that the minutes be approved as revised. A voice vote was taken, and the motion carried with all in favor. ADMINISTRATIVE MATTERS None. ANNOUNCEMENTS Director Yee announced that the County Council's Committee on Planning had forwarded Ms. Barbara DeFranco's nomination to the full Council with a positive recommendation. Upon inquiry by Chair Carr Smith and Commissioner Vitousek, he said that Ms. DeFranco would fill the vacant South Kona seat, and that there were no other vacancies on this seven-member board at this time. 4 Director Yee thanked the Commissioners and staff for their efforts to carry out virtual meetings. Commissioner Vitousek expressed his gratitude to the Director and acknowledged many difficult decisions he would be making for the community in the coming months toward the change of the administration. ADJOURNMENT There being no further business, it was moved by Commissioner Kealoha and seconded by Commissioner Yates 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 3:53 p.m. Respectfully submitted, Noriko Sauer, Secretary ATTEST: Nancy Carr Smith, Chairperson Leeward Planning Commission 5