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HomeMy WebLinkAbout2020-12-17 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAII MINUTES DECEMBER 17, 2020 The Leeward Planning Commission met in regular session at 9:35 a.m., with Chairperson Nancy Carr Smith presiding. Based on the Governor's Fifteenth Proclamation Related to the COVID-19 Emergency dated November 16, 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, and Michael Vitousek ABSENT AND EXCUSED: Faith"Faye" Yates ALSO IN ATTENDANCE: Malia Hall, Esq. (Counsel for the Commission), Zendo Kern (Planning Director), John Mukai, Esq. (Counsel for the Planning Department), Jeff Darrow (Planning Program Manager), Jessica Andrews (Planner), Tracie-Lee Camero (Planner), Rachelle Ley (Private Secretary to the Planning Director), 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 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 announced that Agenda Item 1,AOAO KONA REEF, INC. (SMA-20-000076/SSV-20-000012), was postponed at the request of the applicant by letter dated December 9, 2020, until an unspecified future date. Chair Carr Smith also addressed the Commissioners regarding counsel's advice that when the Commission is ready to act on an agenda item, amendments to conditions of approval, if any, should be included in a motion for action. She said that a motion to amend conditions that is not a part of action will not be accepted. At 9:40 a.m. the Commission took up public testimony. Two individuals provided statements in opposition to the application of DPM ACQUISITION LLC DBA DIAMOND RESORTS INTERNATIONAL (FORMERLY PACIFIC MONARCH RESORTS, INC.) (AMEND SMA 388), Agenda Item 2. Public testimony was closed at 9:56 a.m. by a motion made by Commissioner Van Pernis, seconded by Commissioner Vitousek, and carried by a unanimous voice vote. [SEE HEARING TRANSCRIPT EXHIBIT A] 1 NEW BUSINESS 1. APPLICANT: AOAO KONA REEF, INC. (SMA-20-000076/ SSV-20-000012) Applications for a Special Management Area(SMA) Use Permit and a Shoreline Setback Variance to construct a 220-foot-long Concrete-Rubble-Masonry (CRM) wall approximately 1-foot inland (mauka) of the certified shoreline and within the shoreline setback area located seaward (makai) of the Kona Reef Condominium Complex on an approximately 2,500-square foot portion of a larger 3.08-acre parcel situated in the Special Management Area. The subject parcel is located at 75-5888 Alii Drive, Pua`a 3rd—Wai`aha 2nd, North Kona District, Hawaii, TMK: (3) 7-5-018:071. At 9:56 a.m. Chair Carr Smith reiterated her earlier announcement that this item was postponed until a future date. 2. APPLICANT: DPM ACQUISITION LLC DBA DIAMOND RESORTS INTERNATIONAL (FORMERLY PACIFIC MONARCH RESORTS, INC.) (AMEND SMA 388) Application to amend Condition No. 2 (Time to Complete Construction) of Special Management Area Use Permit No. 388, which was issued in 1998 to allow the development of a commercial/condominium complex and related improvements on 76,739 square feet of land. The property is located on the makai side of Alii Drive bounded by Alii Drive and Kahakai Road, south of Royal Kona Resort and north of Kona Reef Condominium, Pua`a 3rd, North Kona, Hawaii, TMK: (3) 7-5-018:011. The Commission took up this item at 9:56 a.m. At about 10:00 a.m. Commissioner Van Pernis's microphone system failed, and the problem continued. Chair Carr Smith called a recess at 10:05 a.m. to have it resolved. She reconvened the hearing at 10:14 a.m. Chair Carr Smith called a recess at 10:57 a.m. She called the hearing back to order at 11:12 a.m. Action: It was moved by Commissioner Vitousek and seconded by Commissioner Newberg that the application to amend Special Management Area Use Permit 388 be approved, with amended conditions of approval concerning a site maintenance and security program and a project timeline as discussed at this hearing. A roll call vote was taken, and the motion carried with five ayes (Vitousek, Newberg, DeFranco, Kealoha, and Carr Smith), one no (Van Pernis), and one absent and excused (Yates). The hearing ended at 12:37 p.m. [SEE HEARING TRANSCRIPT EXHIBIT BJ Chair Carr Smith called a lunch recess at 12:37 p.m. She called the meeting back to order at 1:15 p.m. Referring to the preceding agenda item, Chair Carr Smith said that she wanted to apologize to the Commissioners, to the County, and to the applicant that the hearing had reached the point 2 Leeward Planning Commission December 17,2020,Meeting Minutes where it became necessary for her to mute a commissioner's microphone, which she found to be unfortunate and inappropriate. She asked the Commissioners to remember to listen to and to heed the call of the chairperson. She said that it was important for all the Commissioners to remember that they sit on the Commission to serve the County and the community and not to argue and make things difficult. MINUTES Approval of the Minutes of the November 19, 2020, Leeward Planning Commission meeting. At 1:17 p.m. it was moved by Commissioner Vitousek and seconded by Commissioner Kealoha that the minutes be approved as submitted. A voice vote was taken, and the motion carried with all in favor. ADMINISTRATIVE MATTERS Chair Carr Smith said that the Commission would take up the four items in this section of the agenda out of order and hold the election of officers last. 1. Discussion of recent Special Management Area (SMA) determinations, minor permits and enforcement action issued by the Planning Director. At 1:18 p.m. Mr. Darrow called the Commissioners' attention to a Special Management Area Use Permit Assessment("Assessment") application log that had been distributed to the Commissioners by email earlier. He said that there was nothing on the log that stood out, and that the volume was balanced between East Hawaii and West Hawaii at this time. Mr. Darrow then referred the Commissioners to two sample letters, namely an exemption letter and an SMA Use Permit-Minor ("Minor Permit"),that had been emailed to the Commissioners as requested by Commissioner Van Pernis at the previous meeting. He provided the following information on the two samples: • Exemption letter: If a project is deemed exempt through the Assessment process, an exemption letter is sent to the applicant, identifying the determination and its basis, along with a list of conditions to ensure safe construction, normally including a timeline, as the law and the rules give the Planning Department the ability to impose conditions on exemptions. • Minor Permit: An SMA Use Permit, Minor or Major, is triggered when a project is not exempt. For instance, the sample Minor Permit is for conversion of a single-family dwelling into a duplex. A single-family dwelling would normally be exempt, but since it is now a duplex, the value of the second dwelling is assessed; if the value is under $500,000, a Minor Permit is issued administratively, or else the project goes through the SMA Use Permit-Major process before the Planning Commission. Mr. Darrow also spoke of recent changes to the Hawaii Coastal Zone Management laws, Act 16. He said that the changes included a requirement for an SMA Use Permit for any single-family 3 Leeward Planning Commission December 17,2020,Meeting Minutes dwelling that is along the shoreline or that is affected by coastal processes, and also a deletion of the 20-foot minimum shoreline setback, which had been applied in certain cases, such as small lots. He said that the minimum shoreline setback is now 40 feet for all lots, and therefore, any type of construction or activity within the 40-foot setback area would have to come before the Planning Commission for a shoreline setback variance. He said further that a shoreline setback variance is one of the triggers for an environmental assessment, so applicants have to go through the assessment process prior to submitting their application for variance. Commissioner Van Pernis asked whether there is an automatic sunset provision for these exemptions and Minor Permits. Mr. Darrow responded that the time frame deadline set forth in the condition is regarded as the sunset date. He further explained that if they are not able to obtain a building permit before the deadline, they will have to either request a time extension or submit another Assessment application. Mr. Darrow also mentioned that since the aforementioned Act 16 affects a number of Planning Commission rules, the staff is currently working on the rule amendments and will bring before the Joint Planning Commission for its consideration and vote. 2. Discussion of creation of a new Planning Commission rule of practice and procedure related to procedures for recusal of a Commissioner. The Commission took up this item at 1:27 p.m. The discussion ended at 1:56 p.m. [SEE HEARING TRANSCRIPT EXHIBIT Q 3. Discussion of amending the County Code to add a clause to allow for consideration of the passage of time and change in conditions when considering whether a permit should be extended. The Commission took up this item at 1:56 p.m. The discussion ended at 2:30 p.m. [SEE HEARING TRANSCRIPT EXHIBIT DJ 4. Election of Officers for 2021. At 2:30 p.m. Chair Carr Smith opened the floor for nominations for chairperson. Commissioner Newberg nominated Commissioner Vitousek as chairman. Commissioner Vitousek accepted his nomination. There being no other nominations, a vote was taken by show of hands, and the nomination was approved unanimously. Commissioner Vitousek was elected chairman for 2021. Chair Carr Smith opened the floor for nominations for vice chairperson. Commissioner DeFranco nominated Commissioner Newberg as vice chairman. Commissioner Newberg accepted his nomination. There being no other nominations, a vote was taken by show of hands, and the nomination was approved unanimously. Commissioner Newberg was elected vice chairman for 2021. Mr. Darrow and the Commissioners expressed their appreciation to Chair Carr Smith and Vice Chair Kealoha for their service as officers over the past challenging year. 4 Leeward Planning Commission December 17,2020,Meeting Minutes ANNOUNCEMENTS None. ADJOURNMENT There being no further business, it was moved by Commissioner Vitousek 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 2:33 p.m. Respectfully submitted, Noriko Sauer, Secretary ATTEST: Nancy Carr Smith, Chairperson Leeward Planning Commission 5 Leeward Planning Commission December 17,2020,Meeting Minutes