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HomeMy WebLinkAbout2021-02-18 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAII MINUTES FEBRUARY 18, 2021 Based on the Governor's Seventeenth Proclamation Related to the COVID-19 Emergency dated December 16, 2020, this meeting was scheduled to be held online, with live-streaming for the public to observe the meeting; however, there was a technical problem with starting up the live stream. Efforts were made for almost an hour, with assistance of a WebEx representative, but the problem could not be resolved. Deputy Corporation Counsel Malia Hall advised that the Governor's Eighteenth Proclamation Related to the COVID-19 Emergency allows the Commission to proceed with this meeting without live-streaming, if the Commission's good faith efforts to implement remote technology for public observations do not work. Chairman Michael Vitousek, noting that there were no public members who wished to testify on any of the items on the agenda and that a quorum was present, called the meeting to order at 10:20 a.m. Chairman Vitousek explained the protocol for this online meeting and took a roll call of the Commissioners and staff members present. COMMISSIONERS PRESENT: Michael Vitousek, Nancy Carr Smith, Barbara DeFranco, Perry Kealoha, Max Newberg, and Mark Van Pernis 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 Director), Maija Jackson (Planning Program Manager), Alex Roy (Planner), Rachelle Ley (Secretary to the Planning Director), and Noriko Sauer(Leeward Planning Commission Secretary) STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS None. 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 one (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 Yd—Wai`aha 2nd, North Kona District, Hawaii, TMK: (3) 7-5-018:071. The Commission took up this item at 10:24 a.m. 1 Action on SMA 20-000076: It was moved by Commissioner Van Pernis and seconded by Commissioner Kealoha that the Commission defer action until such time as the Planning Department and the applicant have had adequate opportunity to provide all the updated information necessary. A roll call vote was taken, and the motion carried with six ayes (Van Pernis, Kealoha, Carr Smith, DeFranco, Newberg, and Vitousek), no noes, and one absent and excused (Yates). Action on SSV 20-000012: It was moved by Commissioner Carr Smith and seconded by Commissioner Van Pernis that the Commission defer action in order to allow the applicant the time to provide the Planning Department with the additional requested information to include, but may not be limited to, revised erosion study and report, conduct an alternative analysis of the proposed wall, and the study regarding modeling and flanking of the beach area next to the property so that the planning director can then make a revised recommendation. A roll call vote was taken, and the motion carried with six ayes (Carr Smith, Van Pernis, DeFranco, Kealoha, Newberg, and Vitousek), no noes, and one absent and excused (Yates). The hearing ended at 12:11 p.m. [SEE HEARING TRANSCRIPT EXHIBIT AJ Chairman Vitousek announced the next agenda item; however, he allowed an opportunity for comment at the request of Mr. Raymond Pieri representing the applicant. Mr. Pieri stated that the applicant was willing to spend additional funds on studies once the applicant and the Planning Department settled the precedent issue, but that the applicant was not willing to do so until then. Chairman Vitousek responded that that matter had been discussed during the hearing, that the hearing had already been adjourned until a future date, and that the Commission was proceeding to the next agenda item. MINUTES Approval of the Minutes of the December 17, 2020, Leeward Planning Commission meeting. At 12:13 p.m. it was moved by Commissioner Carr Smith 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 At 12:14 p.m. Chairman Vitousek called upon staff to address administrative matters. Discussion of recent Special Management Area (SMA) determinations, minor permits and enforcement action issued by the Planning Director. Ms. Jackson offered to answer any questions that the Commissioners might have on the latest log for SMA exemptions and minor permits issued by the Planning Department, which had been emailed to them earlier. There were no questions. 2 Leeward Planning Commission February 18,2021,Meeting Minutes Commissioner Van Pernis expressed his desire to have the Planning Department proceed with addition of a rule concerning the time element in various permits and recommendations to the County Council, as a follow-up to the discussion that had taken place at the December 17, 2020, Commission meeting. He said that he had since talked with some members of the County Council, and that they shared the concern and would like to see such condition recommended. Chairman Vitousek advised that nothing further on the subject be discussed at this time so as not to violate the Sunshine Law, and that he would be in support of placing the matter on a future meeting agenda. Commissioner Van Pernis said that he had drafted a clause that he would like to present to the Commission for consideration. Ms. Jackson stated that staff was currently working on amendments to the SMA and shoreline setback variance rules as necessitated by Act 16 that the State Legislature had passed last year. She further said that once those amendments were adopted, staff would be able to proceed with the timing condition of permits and ordinances, and with a rule addressing recusal of commissioner due to conflict of interest as well, and to bring the full matter before the joint planning commission, but that if the Leeward Planning Commission found it important to start having the discussion in the meantime, such discussion could be agendized sooner. Chairman Vitousek suggested that discussion on the timing condition, including Commissioner Van Pernis's proposed clause, be agendized at the Commission's next meeting. He said that it would be of benefit to discuss it in open session and come up with language that the Commission could include in conditions of approvals while going through the full process of rule change. It was agreed that Commissioner Van Pernis provide his proposal to staff for distribution to the Commission. In regard to the rule addressing recusal of commissioner that Ms. Jackson had mentioned earlier, Commissioner Van Pernis moved to table the matter, as his understanding was that their discussion at the meeting of December 17, 2020, had resulted in a consensus that such rule was unnecessary at this time. Chairman Vitousek accepted it as Commissioner Van Pernis's opinion in this instance and did not call for vote. ANNOUNCEMENTS Ms. Jackson stated that the Mayor's Office was actively working on filling the forthcoming vacancies with Commissioners Carr Smith and Kealoha leaving, and that she was expecting the names of candidates to be announced shortly. ADJOURNMENT There being no further business, it was moved by Commissioner Carr Smith and seconded by Commissioner Kealoha that the meeting be adjourned. A voice vote was taken, and the motion carried with all in favor. Chairman Vitousek adjourned the meeting at 12:24 p.m. Respectfully submitted, ATTEST: Noriko Sauer, Secretary Michael Vitousek, Chairman Leeward Planning Commission 3 Leeward Planning Commission February 18,2021,Meeting Minutes