Loading...
HomeMy WebLinkAbout2020-11-19 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAII MINUTES NOVEMBER 19, 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 Fourteenth Proclamation Related to the COVID-19 Emergency dated October 13, 2020, this meeting was held online, with live-streaming for the public to observe the meeting. COMMISSIONERS IN ATTENDANCE: Nancy Carr Smith, Barbara DeFranco, Perry Kealoha, Max Newberg, Mark Van Pernis, Michael Vitousek, and Faith "Faye" Yates ALSO IN ATTENDANCE: Malia Hall, 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), Jessica Andrews (Planner), Tracie-Lee Camero (Planner), Rachelle Ley (Secretary to the Planning Director), Kim Tanaka (Secretary to Boards and Commissions), Noriko Sauer (Leeward Planning Commission Secretary), and Robyn Matsumoto (Acting Building Chief, Department of Public Works, for Agenda Items 1 and 2) [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 indiscernible.] A quorum was present. Chair Carr Smith called the meeting to order. She explained the procedure and protocol for this online meeting and live public testimony. She introduced the commissioners and staff who were in virtual attendance. Chair Carr Smith, noting that Mayor-elect Mitch Roth had yet to announce his selection for the next planning director, expressed her appreciation for Director Yee for his work in the past four challenging years. At 9:47 a.m. the Commission took up statements from the public. Five individuals provided statements regarding Agenda Items 1 and 2, PALAMANUI GLOBAL HOLDINGS LLC (AMEND REZ 05-000010 AND AMEND REZ 09-000094). Their testimony ended at 10:00 a.m. [SEE HEARING TRANSCRIPT EXHIBIT A] It was moved by Commissioner Kealoha and seconded by Commissioner DeFranco that public testimony be closed. A voice vote was taken, and the motion carried with all in favor. 1 NEW BUSINESS 1. APPLICANT: PALAMANUI GLOBAL HOLDINGS LLC (AMEND REZ 05-000010) Application to amend Condition V(Scope and Timing of Road Improvements) and Condition S (Scope and Timing of Park Improvements) of Ordinance No. 09-132, which amended Ordinance No. 06-105, which rezoned 725 acres from an Agricultural-3 acres (A-3a) and Open to a Project District zoning district for a mixed-use development known as the Patamanui Development. The property is located northeast of the Kona International Airport at Keahole, between Queen Ka`ahumanu Highway and Makalei Estates Subdivision, Kau, North Kona, Hawaii, TMK: (3) 7-2-005: Portion of 001. 2. APPLICANT: PALAMANUI GLOBAL HOLDINGS LLC (AMEND REZ 09-000094) Application for a time extension to Condition E(Secure Final Subdivision Approval) of Ordinance No. 09-131, which rezoned 29.92 acres from the Project District(PD)to Industrial-Commercial Mixed-20,000 square feet(MCX-20) zoning district in 2009. The property is part of the proposed Patamanui development located northeast of the Kona International Airport at Keahole, between Queen Ka`ahumanu Highway and Makalei Estates Subdivision, Kau, North Kona, Hawaii, TMK: (3) 7-2-005: Portion of 001. The Commission took up these two items simultaneously at 10:00 a.m. Chair Carr Smith called a recess at 11:17 a.m. She called the hearing back to order at 11:29 a.m. Chair Carr Smith called a lunch recess at 1:20 p.m. She called the hearing back to order at 1:57 p.m. [Note: The draft conditions reviewed by the Commission at this hearing were incorrectly lettered. Condition X related to Makalei Drive in Ordinance number 09132 was referred to as Condition Y in the draft conditions and in the motion below and is now correctly lettered as Condition AA in the recommendation to the County Council. Condition S related to parks in Ordinance number 09132 as referred to in the motion below was referred to as Condition P in the draft conditions and is now correctly lettered as Condition R in the recommendation to the County Council] Actions on AMEND REZ 05-000010: Commissioner Van Pernis moved that the planning director's proposed ordinance be amended as follows: All references to a connection to Makalei Drive shall be replaced with the eastern boundary of the Patamanui property; and, the last phrase after the comma, beginning with the word"except" in Condition Y, shall be amended to read, "except for construction work within easements of record within Makalei Estates on the water system." Commissioner Vitousek seconded the motion. A roll call vote was taken, and the motion carried with seven ayes (Van Pernis, Vitousek, DeFranco, Kealoha, Newberg, Yates, and Carr Smith), and no noes. It was moved by Commissioner Vitousek and seconded by Commissioner Van Pernis that the Commission provide a favorable recommendation to the County Council, as amended, with an additional amendment to Condition S with the following: A park master plan for Phases I and II 2 Leeward Planning Commission November 19,2020,Meeting Minutes shall be developed by the applicant and accepted by the Department of Parks and Recreation; the proposed language regarding the Phase I improvements shall remain intact; Phase II park improvements, consisting of approximately a total of ten acres of land, shall be developed in accordance with the approved park master plan and provided to the county at no cost after 250 more units; and, language allowing the Phase H portion to be a passive open-space area can be added. A roll call vote was taken, and the motion carried with six ayes (Vitousek, DeFranco, Kealoha, Newberg, Yates, and Carr Smith), no noes, and one abstention (Van Pernis). Action on AMEND REZ 09-000094: It was moved by Commissioner Vitousek and seconded by Commissioner Kealoha that a favorable recommendation be forwarded to the County Council as recommended by the planning director. A roll call vote was taken, and the motion carried with six ayes (Vitousek, Kealoha, DeFranco, Newberg, Yates, and Carr Smith), no noes, and one abstention (Van Pernis). The hearing ended at 2:00 p.m. [SEE HEARING TRANSCRIPT EXHIBIT BJ 3. APPLICANT: ST. MICHAEL THE ARCHANGEL CATHOLIC CHURCH (AMEND SMA 10-000044) Application for an amendment to Condition No. 3 (time to complete construction) of Special Management Area Use Permit No. 10-000044, which was issued in 2010 to allow the construction of a church, rectory,parish hall and related improvements to replace the former Saint Michael the Archangel Church that was damaged during the 2006 earthquake. The approximately 3.19-acre property is located on the northeast(mauka) side of Alii Drive, approximately 330 feet south of the intersection of with Hualalai Road, Hienaloli 2nd, North Kona, Hawaii, TMK: (3) 7-5-008:006. The Commission took up this item at 2:00 p.m. Action: It was moved by Commissioner Vitousek and seconded by Commissioner Kealoha that the application to amend Special Management Area Permit 10-000044 be approved based on the planning director's recommendation, which shall be adopted. A roll call vote was taken, and the motion carried with seven ayes (Vitousek, Kealoha, DeFranco, Newberg, Van Pernis, Yates, and Carr Smith), and no noes. The hearing ended at 2:13 p.m. [SEE HEARING TRANSCRIPT EXHIBIT Q 4. INITIATOR: PLANNING DIRECTOR An ordinance amending Chapter 25 (Zoning Code), Article 1, Article 2, Article 4, Article 5 and Article 7 of the Hawaii County Code 1983 (2016 Edition, as amended), relating to definitions, use permit requirements, off-street parking requirements, and zoning district regulations for medical clinics and massage, acupuncture, chiropractic and other similar health service facilities. The Commission took up this item at 2:13 p.m. 3 Leeward Planning Commission November 19,2020,Meeting Minutes Action: It was moved by Commissioner Kealoha and seconded by Commissioner Vitousek that a favorable recommendation be forwarded to the County Council on ordinance amending Hawaii County Code, Chapter 25, based on the planning director's recommendations, which shall be adopted. A roll call vote was taken, and the motion carried with six ayes (Kealoha, Vitousek, DeFranco, Newberg, Van Pernis, and Carr Smith),no noes, and one abstention (Yates). The hearing ended at 2:24 p.m. [SEE HEARING TRANSCRIPT EXHIBIT DJ MINUTES Approval of the Minutes of the October 15, 2020, Leeward Planning Commission meeting. At 2:24 p.m. it was moved by Commissioner Vitousek and seconded by Commissioner Yates that the minutes be approved as submitted. A voice vote was taken, and the motion carried with all in favor. ADMINISTRATIVE MATTERS At 2:25 p.m. Chair Carr Smith called upon staff to address administrative matters. Mr. Darrow said that a list of applications pertaining to the Special Management Area("SMA") that had been approved through the short form as part of building permits or through the SMA Assessment applications, had been emailed to the commissioners earlier, and that staff would answer questions regarding the list. In response to Commissioner Van Pernis's questions, Mr. Darrow provided the following information: • If a proposed action is determined exempt from SMA Use Permit through an SMA Assessment process, a time period in which the action must be completed is usually provided. If a proposed action is incorporated in a building permit pursuant to the Planning Commissions Rule 9, it is just stated on the building permit that the action is exempt. • If a proposed action is determined exempt through the SMA Assessment process, the determination letter contains a list of conditions. If the determination is that an SMA Minor Use Permit is required, the Minor Use Permit will have conditions of approval, including a permit expiration date. Mr. Darrow said that staff would provide the commissioners with examples of exemption letters and Minor Use Permits. Commissioner Van Pernis requested that they be provided by email. Chair Carr Smith said that she had asked staff to put the subject of recusal on a future meeting agenda. She said that the commission rules currently do not address the matter, and that having a rule or guidelines on how to deal with recusal would be helpful. She said further that the commission rules also do not provide the option of kanalua vote and asked if the commissioners had any opinion on the current voting rule that only includes yes, no, and abstention. Commissioner Newberg commented that he was unsure of the boundary of potential conflicts of interest that might be necessary or unnecessary to be mentioned and also when to be mentioned. 4 Leeward Planning Commission November 19,2020,Meeting Minutes Chair Carr Smith said that Ms. Hall would look into the practice of the County Council and other boards and commissions. Commissioner Van Pernis expressed his opinion that recusal and conflict of interest are the same thing, as one recuses oneself for a conflict of interest, and that having bias is not the grounds for recusal because people are all biased for something. Mr. Darrow stated that staff would place the topic on the agenda for the December 17, 2020, meeting under the administrative matters. Chair Carr Smith reminded Mr. Darrow that Commissioner Vitousek had requested to place a certain discussion item on a future agenda, which was about possibly adding a clause to the County Code, involving passage of time and changing conditions to be considered when evaluating a time extension request. Commissioner Vitousek confirmed that he had made the request at the October 15, 2020, meeting, although there was no verbatim transcription of the discussion. Ms. Hall, having been absent from the meeting, requested Commissioner Vitousek to email her his thoughts on the topic so that she could do some research towards his intention. She said that if it was going to be a County Code amendment initiated by the Commission, and that would eventually be up at the County Council, she would like to look more into it. Mr. Darrow said that this would be placed on the December 17, 2020, meeting agenda as well. Mr. Darrow also said that another matter to be agendized in the near future, which had been put off, was a training session regarding the State Historic Preservation Division procedures in relation to conditions of approval. Chair Carr Smith inquired about approach to expired permits, which both the Leeward and Windward Planning Commissions previously discussed. Mr. Darrow responded that the discussion had resulted in a different direction that each Planning Commission was looking towards, and that there would have to be a joint meeting for any code or rule change to pass. He said that staff would bring forward the discussion result of both commissions at the next meeting of each commission for further discussion towards a joint meeting. Commissioner Van Pernis commented that what the commissioners were talking about, and what Commissioner Vitousek was looking for in his previous request, was a sunset provision for development permits, where if things were not done by the prescribed date, the development permit would terminate. There being no further comments from the commissioners, Chair Carr Smith noted that there would be an election of chairperson and vice chairperson for next year at the December 17, 2020, meeting. She added that the current vice chairperson Commissioner Kealoha's term would expire at the end of this year, with a potential holdover through March 2021, and that her term would expire at the end of March 2021, with a potential holdover through June 2021. ANNOUNCEMENTS None. 5 Leeward Planning Commission November 19,2020,Meeting Minutes ADJOURNMENT There being no further business, it was moved by Commissioner Vitousek 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 2:40 p.m. Respectfully submitted, Noriko Sauer, Secretary ATTEST: Nancy Carr Smith, Chairperson Leeward Planning Commission 6 Leeward Planning Commission November 19,2020,Meeting Minutes