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HomeMy WebLinkAbout2021-03-18 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAII MINUTES MARCH 18, 2021 The Leeward Planning Commission met in regular session at 9:40 a.m., with Chairman Michael Vitousek presiding. Based on the Governor's Eighteenth Proclamation Related to the COVID-19 Emergency dated February 12, 2021, this meeting was held online, with live stream video for the public to observe the meeting. 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), Jean Campbell, Esq. (Counsel for the Planning Department), Zendo Kern (Planning Director), April Surprenant(Planning Program Manager, Long Range Division, for New Business 2), Maija Jackson (Planning Program Manager), Alex Roy (Planner), Tracie-Lee Camero (Planner), and Noriko Sauer(Leeward Planning Commission Secretary) A quorum was present. Chairman Vitousek called the meeting to order. He explained the protocol for this online meeting and took a roll call of the Commissioners and staff who were in virtual attendance. Chairman Vitousek announced that Commissioner Carr Smith's and Commissioner Kealoha's terms were ending with this meeting. He commended them for the leadership roles they had played on the Commission. Director Kern also expressed his gratitude for their services and presented them with certificates of appreciation issued by Mayor Mitchell Roth. Commissioners Carr Smith and Kealoha replied with their thanks for the opportunity to serve the community. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS Chairman Vitousek confirmed with staff that there was no one to provide oral testimony. It was moved by Commissioner Carr Smith and seconded by Commissioner Newberg that public testimony be closed. A voice vote was taken, and the motion carried with none opposed. NEW BUSINESS 1. APPLICANT: ERNEST & ELIZABETH YOUNG (AMEND REZ 04-000012) Application for an amendment to Condition C (Time to Secure Final Subdivision Approval) of Change of Zone Ordinance No. 04-149, which rezoned 1.8628 acres of land from Agricultural-5 Acres (A-5a) to Single Family Residential-20,000 Square Feet(RS-20). The property is located at the southwest corner of the intersection of Mahilani Drive and Mamalahoa Highway, Kalaoa 1st& 2nd, North Kona, Hawaii, TMK: (3) 7-3-011:068. 1 The Commission took up this item at 9:51 a.m. Action: It was moved by Commissioner Carr Smith and seconded by Commissioner DeFranco that a favorable recommendation be forwarded to the County Council on the application to amend Change of Zone Ordinance number 04-149, based on the planning director's recommendation, with the following revision to Condition L: The last sentence before the list of dollar amounts shall be amended to state, "The fair share contribution shall be as County Council deems reasonable, which may be less when considering the merits of the application, or as follows." A roll call vote was taken, and the motion carried with five ayes (Carr Smith, DeFranco, Kealoha, Newberg, and Vitousek), one no (Van Pernis), and one absent and excused (Yates). The hearing ended at 10:54 a.m. [SEE HEARING TRANSCRIPT EXHIBIT AJ 2. APPLICANT: ARTHUR AREJIAN TRUST (USE 21-000085) Application for a Use Permit to operate a four(4)bedroom Bed and Breakfast in an existing residence situated on a 14,530 square foot lot within the State Land Use Urban District. The subject property is located at 78-6626 Alii Drive, approximately 0.5 miles south of the La`aloa Road intersection, Kahalu`u Beach Lots, North Kona, Hawaii, TMK: (3) 7-8-014: 076. The Commission took up this item at 10:54 a.m. Director Kern recused himself due to a conflict of interest. Ms. Surprenant joined the meeting at this time on behalf of Deputy Planning Director Jeffrey Darrow. Action: It was moved by Commissioner Carr Smith and seconded by Commissioner Kealoha that the application for Use Permit number 21-000085 be approved based on the deputy planning director's recommendation, with an additional condition that the applicant shall make a fair share contribution to an applicable sewer district if and when one is formed that serves the property; the applicant shall convert the existing cesspool to an appropriate septic system within five years of the approval of this use, if determined feasible considering the limitations of the lot and its existing structures. A roll call vote was taken, and the motion carried with six ayes (Carr Smith, Kealoha, DeFranco, Newberg, Van Pernis, and Vitousek), no noes, and one absent and excused (Yates). The hearing ended at 12:09 p.m. [SEE HEARING TRANSCRIPT EXHIBIT BJ MINUTES Approval of the Minutes of the February 18, 2021, Leeward Planning Commission meeting. At 12:09 p.m. it was moved by Commissioner Kealoha and seconded by Commissioner Newberg that the minutes be approved as submitted. A voice vote was taken, and the motion carried with none opposed. 2 Leeward Planning Commission March 18,2021,Meeting Minutes ADMINISTRATIVE MATTERS 1. Discussion of recent Special Management Area (SMA) determinations, minor permits and enforcement action issued by the Planning Director. At 12:10 p.m. Chairman Vitousek called upon staff to address this agenda item. Ms. Jackson said that the latest logs had been distributed to the Commissioners about two weeks earlier, and that she was ready to answer any questions on the logs. There were no questions. Ms. Jackson also informed that the state Office of Planning would be offering training on SMA and shoreline issues at the Commission's May meeting, followed by a staff presentation on how that applies to this island, as well as a question-and-answer session. She suggested that the Commissioners review before the training the Hawaii Sea Level Rise Vulnerability and Adaptation Report that had been provided to them earlier, in particular Page 58 which talks about sea walls and their impacts on coastal processes and erosion. 2. Discussion of amending the County Code or permit conditions 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 12:13 p.m. The discussion ended at 12:40 p.m. [SEE HEARING TRANSCRIPT EXHIBIT Q Commissioner Van Pernis raised concern about Director Kern's potential conflict of interest, saying that, to his knowledge, Director Kern had approved a subdivision of Campbell Trust's property in Kaloko that he had represented prior to becoming planning director, in which Ms. Campbell who is deputy corporation counsel currently assigned to the Planning Department, has interest. Chairman Vitousek cautioned that the Commission would be in violation of the Sunshine Law to discuss matters that were not on the agenda. He suggested that staff follow up with Commissioner Van Pernis's request. ANNOUNCEMENTS Ms. Hall announced that Deputy Corporation Counsel J Yoshimoto was assigned to the Leeward Planning Commission as of March 15, 2021. She expressed her appreciation for the work that the Commissioners do. ADJOURNMENT There being no further business, it was moved by Commissioner Carr Smith and seconded by Commissioner Kealoha that the meeting be adjourned. At this time Commissioner Van Pernis commented that he wanted to make sure that the conflict-of-interest issue would be taken up. Chairman Vitousek reiterated his response that they had to work with staff to get the matter on a future agenda. 3 Leeward Planning Commission March 18,2021,Meeting Minutes A voice vote on the motion to adjourn was taken, and the motion carried with none opposed. Chairman Vitousek adjourned the meeting at 12:46 p.m. Respectfully submitted, Noriko Sauer, Secretary ATTEST: Michael Vitousek, Chairman Leeward Planning Commission 4 Leeward Planning Commission March 18,2021,Meeting Minutes