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Home My WebLink About2021-02-04 Windward Planning Commission Minutes WINDWARD PLANNING COMMISSION COUNTY OF HAWAII MINUTES FEBRUARY 4, 2021 The Windward Planning Commission met in regular session at 9:03 a.m., with Chairman John Replogle presiding. Based on the Governor's Seventeenth Proclamation Related to the COVID- 19 Emergency dated December 16, 2020, this meeting was held online, with live-streaming for the public to observe the meeting. VIRTUAL ATTENDANCE(COMMISSIONERS): Dean Au, Joseph Clarkson, Thomas Raffipiy, John Replogle, Gilbert Aguinaldo. VIRTUAL ATTENDANCE(STAFF): Zendo Kern (Planning Director), Jeff Darrow (Deputy Planning Director), Malia Hall (Deputy Corporation Counsel for the Windward Planning Commission), John Mukai (Deputy Corporation Counsel for the Planning Department), Maija Jackson (Temporary Assignment Program Manager), Tracie-Lee Camero (Planner), Rachelle Ley (Department Secretary), and Melissa Dacayanan-Salvador (Windward Planning Commission Secretary). Secretary's Notes: Throughout the meeting, there were some technical and/or internet difficulties which made the speaker inaudible. Please note that the notation "—"in these Minutes and the Exhibit Transcripts means that there were technical and/or internet difficulties which made the conversation inaudible. A quorum was present. Chairman Replogle stated that due to the Governor's Proclamation regarding COVID-19, the Commission meetings would be online until further notice to prevent the spread of COVID -19 and to maintain social distancing. He explained that the public was able to view and listen to the meeting, and a video link was available on the Planning Department website, www...lal i, g p awai:icou y..gov. He stated the background and recommendation reports are available on the County website. Chairman Replogle said that public was able to provide oral testimony at the meeting by joining online or calling into the WebEx meeting. Chairman Replogle asked the Commissioners to speak one at a time. He then introduced the Commissioners and staff who were in virtual attendance. STATEMENTS FROM THE PUBLIC At 9:08 a.m. the Commission took up statements from the public. There was one (1) testifier for Agenda Item 1, KIRPAL MEDITATION AND ECOLOGICAL CENTER, LLC (SPP 20-000220) and testimony ended at 9:15 a.m. [SEE HEARING TRANSCRIPT EXHIBIT AJ Page 1 of 4 Windward Planning Commission February 4,2021 Minutes It was moved by Commissioner Clarkson and seconded by Commissioner Aguinaldo that public testimony be closed. A voice vote was taken, and the motion carried with all in favor. NEW BUSINESS 1. APPLICANT: KIRPAL MEDITATION AND ECOLOGICAL CENTER, LLC (SPP 20-000220) Application for a Special Permit to legitimize the operation of a meditation and ecological center and retreat on 10 acres of land situated within the State Land Use Agricultural District. The subject property is located at 13-260 Pohoiki Road, approximately 0.5 miles west, or mauka, of the intersection with Kalapana-Kapoho Beach Road, Pohoiki, Puna, Hawaii, TMK: (3) 1-3-008:005. The Commission took this item up at 9:18 a.m. Action: It was moved by Commissioner Clarkson and seconded by Commissioner Raffipiy that the petition for standing be granted based on the record the Petitioner Margaret Keri Dickie Clark has established that her interest is clearly distinguishable from that of the general public. A roll call vote was taken, and the motion carried with five ayes (Clarkson, Raffipiy, Au, Aguinaldo, Replogle) and no noes. It was moved by Commissioner Raffipiy and seconded by Commissioner Au that Commissioner Replogle preside as the hearings officer if a contested case hearing is held. A roll call vote was taken, and the motion carried with five ayes (Raffipiy, Au, Clarkson, Aguinaldo, Replogle) and no noes. It was moved by Commissioner Clarkson and seconded by Commissioner Au to continue the hearing until after the parties have had a chance to participate in mediation. A voice vote was taken, and the motion carried with all in favor. This hearing item ended at 10:27 a.m. [SEE HEARING TRANSCRIPT EXHIBIT BJ 2. INITIATOR: PLANNING DIRECTOR (DONNY SOUZA & MELISSA MULLIKEN) (REZ 11-000143) The Planning Director has initiated repealing Change of Zone Ordinance No. 12-128 and amending Chapter 25, Article 8, Section 25-8-23 (Mountain View Zone Map) of the Hawaii County Code 1983 (2016 edition, as amended), by changing the district classification from Village Commercial-10,000 square feet(CV-10) to Single-Family Residential-10,000 square feet(RS-10) at `Ola`a, Puna, Hawaii, TMK: (3) 1-8-002:064. The Commission took this item up at 10:29 a.m. Action: It was moved by Commissioner Clarkson and seconded by Commissioner Au that a favorable recommendation be forwarded to the County Council on the Planning Director's initiated rezone of the subject property, based on the Planning Director's recommendation, which shall be adopted. A roll call vote was taken, and the motion carried with five ayes (Clarkson, Au, Raffipiy, Aguinado, Replogle) and no noes. Page 2 of 4 Windward Planning Commission February 4,2021 Minutes This hearing item ended at 10:44 a.m. [SEE HEARING TRANSCRIPT-EXHIBIT CJ MINUTES Approval of Minutes of the January 7, 2021 Windward Planning Commission meeting At 10:44 a.m. it was moved by Commissioner Au and seconded by Commissioner Aguinaldo that the Minutes of January 7, 2021, be approved as submitted. A voice vote was taken, and the motion carried with all in favor. ADMINISTRATIVE MATTERS 1. Discussion of recent Special Management Area(SMA) determinations, minor permits and enforcement action issued by the Planning Director. The Commission took this item up at 10:45 a.m. Ms. Jackson said the Special Management Area(SMA) Assessment log and the Short-Form log were provided a few days ago and asked if the Commission had questions. There was no discussion or questions on the recent SMA logs. This hearing item ended at 10:46 a.m. ANNOUNCEMENTS Ms. Jackson made an announcement that at County Council on February 3, 2021, two (2) new Commissioners were confirmed and hopefully be joining at the March meeting. Commissioner Au asked staff the status of creating a new rule for recusal of Commissioners, which was discussed at the last hearing. Ms. Jackson stated they are working on amendment to the Commission's SMA rule and Shoreline Setback Variance rule first as it is a priority due to the changes made by Act 16 last year. As soon as those are done then staff will begin working on changes to other rules and the addition of the recusal language into the rules, possibly in the summertime. Commissioner Au mentioned until they adopt these new rules, or it is worked on the Commissioners would have to use their judgement to recuse themselves and staff had agreed. He mentioned he is very excited to go through this process as the Commission does not have those rules and a rule needs to be set in place. Commissioner Au inquired with Counsel if the Commission is allowed to propose some language. Counsel Ms. Hall stated as long as a Commissioner does not discuss with other Commissioners as that would be a Sunshine Law violation. Ms. Hall suggested submitting proposed language to her or to the staff, it will be looked at and taken it into consideration. No changes will be made or adopted until it goes before the full Commission. Commissioner Au asked as there are two Commissions the Leeward and Windward how are they going to adopt it and how are they going to discuss it and are they going to come together. Ms. Hall stated it requires a Joint Commission meeting to adopt rules which will be easier as we have a virtual world by having a big WebEx meeting with Page 3 of 4 Windward Planning Commission February 4,2021 Minutes everybody. She also mentioned any action requires the majority of both Commissions and that is the only way it gets approved when we have the majority of both Commissions sitting at the same time. Commissioner Au stated he is very excited to have two more Commissioners and having a full Commission and also excited to work on those rules. Ms. Jackson also made an announcement that there is only one item at this time on the agenda for March 4h meeting. ADJOURNMENT There being no further business, it was moved by Commissioner Clarkson and seconded by Commissioner Raffipiy that the meeting be adjourned. The motion was unanimously carried by a voice vote of all Commissioners in attendance. Chairman Replogle adjourned the meeting at 10:55 a.m. Respectfully submitted, Melissa Dacayanan-Salvador, Secretary ATTEST: John Replogle, Chairman Windward Planning Commission Page 4 of 4 Windward Planning Commission February 4,2021 Minutes