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HomeMy WebLinkAbout2021-04-15 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAII MINUTES APRIL 15, 2021 The Leeward Planning Commission met in regular session at 9:42 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, Clement"CJ" Kanuha III, Max Newberg, and Mark Van Pernis ABSENT AND EXCUSED: Faith"Faye" Yates ALSO IN ATTENDANCE: J Yoshimoto, Esq. (Counsel for the Commission), Jean Campbell, Esq. (Counsel for the Planning Department), Zendo Kern (Planning Director), Jeffrey Darrow (Deputy Planning Director), Maija Jackson (Planning Program Manager), Alex Roy (Planner), Christian Kay (Planner), Tracie-Lee Camero (Planner), and Noriko Sauer (Leeward Planning Commission Secretary) A quorum was present. Chairman Vitousek called the meeting to order. He called the roll of the Commissioners and staff present, welcomed Commissioner Kanuha, and thanked Commissioner Carr Smith whose term had ended on March 31, 2021, for holding over. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS Chairman Vitousek called upon public testifiers, explained the protocol, and swore them in to tell the truth. Chairman Vitousek allowed Commissioner Carr Smith to make a disclosure statement first. Commissioner Carr Smith stated that her husband is president and CEO of Lanihau Properties, of which Palani Ranch is one of their assets, that Palani Ranch has an easement over Waiono Ranch Road to access their cattle, and that they have submitted testimony against the application of DOUGLAS AND KATHRYN HICKEY (SPP 21-000222), Agenda Item 3. She further stated that that fact would not preclude her from the ability to be fair and honest and to listen to the merits of the application. Chairman Vitousek asked if there were any objections. None was presented. At 9:48 a.m. two individuals provided statements regarding the application of ELLEN GARVER KOIZUMI (USE 21-000086), Agenda Item 2. The testimony ended at 9:53 a.m. [SEE HEARING TRANSCRIPT EXHIBIT AJ At 9:53 a.m. twelve individuals provided statements regarding the application of DOUGLAS AND KATHRYN HICKEY (SPP 21-000222), Agenda Item 3. The testimony ended at 10:34 a.m. [SEE HEARING TRANSCRIPT EXHIBIT BJ 1 It was moved by Commissioner Carr Smith and seconded by Commissioner DeFranco that public testimony be closed. A vote was taken by Chairman Vitousek, and the motion carried by voice and/or show of hands with all in favor. NEW BUSINESS 1. APPLICANT: ELLEN GARVER KOIZUMI (USE 21-000086) Application for a Use Permit to operate a two (2)-bedroom bed and breakfast establishment within an existing three (3)-bedroom dwelling situated on approximately 3.147 acres of land within the Single-Family Residential-20,000 square feet(RS-20) zoning district. The subject property is located at 73-4270 Hawaii Belt Road, along the west(makai) side of Hawaii Belt Road (Mamalahoa Highway), adjacent to and south of the Kona Coastview Subdivision at the end of Leimomi Street, Kalaoa 4th, North Kona, Hawaii, Tax Map Key: (3) 7-3-005:030. The Commission took up this item at 10:35 a.m. Action: It was moved by Commissioner Newberg and seconded by Commissioner DeFranco that the Use Permit application, USE 21-000086, be approved based on the planning director's recommendation, with additional conditions to limit the number of guests to six and to designate Leimomi Street as the only access for guests. A roll call vote was taken, and the motion carried with six ayes (Newberg, DeFranco, Carr Smith, Kanuha, Van Pernis, and Vitousek), no noes, and one absent and excused (Yates). The hearing ended at 11:38 a.m. [SEE HEARING TRANSCRIPT—EXHIBIT CJ 2. APPLICANT: PABLO PENALOZA (SPP 20-000221) Application for a Special Permit to develop and operate a childcare center/preschool facility and construct a playground for student use and to develop and operate an "event venue"to be rented commercially on a two (2)-acre portion of a 5.3-acre parcel situated in the State Land Use Agricultural District. The subject property is located at 75-477 Hualalai Road, approximately 988 feet, east(mauka) of its intersection with Queen Ka`ahumanu Highway, Wai`aha 1st, North Kona, Hawaii, TMK: (3) 7-5-017: Portion of 045. The Commission took up this item at 11:38 a.m. Chairman Vitousek called a recess at 12:09 p.m. He called the hearing back to order at 12:16 p.m. Action: It was moved by Commissioner Carr Smith and seconded by Commissioner Kanuha that the application for Special Permit Docket Number 20-000221 be approved based on the planning director's recommendation, with a deletion of the words "and to develop and operate an `event venue' to be rented commercially"from the first paragraph of the recommendation report. A roll call vote was taken, and the motion carried with five ayes (Carr Smith, Kanuha, DeFranco, Newberg, and Vitousek), one no (Van Pernis), and one absent and excused (Yates). The hearing ended at 12:56 p.m. [SEE HEARING TRANSCRIPT EXHIBIT DJ 2 Leeward Planning Commission April 15,2021,Meeting Minutes Chairman Vitousek called a recess at 12:56 p.m. He called the meeting back to order at 1:07 p.m. 3. APPLICANT: DOUGLAS AND KATHRYN HICKEY (SPP 21-000222) Application for a Special Permit to legitimize the establishment of a venue for weddings and similar gatherings on an approximately 2-acre portion of a 20-acre condominium property regime unit of an 80-acre property situated in the State Land Use Agricultural District. The subject property is located at 76-1297 Waiono Ranch Road, about 1.5 miles east and mauka of the Mamalahoa Highway —Waiono Ranch Road intersection, Waiono Meadows, H61ualoa, North Kona, Hawaii, TMK: (3) 7-6-002:028: Portion of 0001. The Commission took up this item at 1:07 p.m. Director Kern recused himself due to a conflict of interest, and Deputy Planning Director Darrow took the seat. Action: It was moved by Commissioner Van Pernis, and seconded by Commissioner Newberg, to deny the application, SPP 21-000222. A roll call vote was taken, and the motion carried with four ayes (Van Pernis, Newberg, DeFranco, and Kanuha), two noes (Carr Smith and Vitousek), and one absent and excused (Yates). The hearing ended at 3:21 p.m. [SEE HEARING TRANSCRIPT EXHIBIT EJ MINUTES Approval of the Minutes of the March 18, 2021, Leeward Planning Commission meeting. At 3:21 p.m. it was moved by Commissioner Carr Smith and seconded by Commissioner Newberg that the minutes be approved as submitted. A voice vote was taken, and the motion carried with all in favor. Chairman Vitousek called a short recess at 3:22 p.m. He called the meeting back to order at 3:27 p.m. Chairman Vitousek thanked the commissioners for their service. He acknowledged that they as volunteers have to make difficult decisions that affect outcomes of people's lives, and that they do not take that lightly. ANNOUNCEMENTS The Commission took up this item out of order at 3:27 p.m. Chairman Vitousek called upon Director Kern. Director Kern made an announcement regarding a tentative subdivision approval letter that he had inadvertently signed, which Commissioner Van Pernis had brought up at the previous Commission meeting. Director Kern said that the subject letter was concerning a rezoning that he as a private consultant had worked on and represented the applicant before the Commission. He said that the letter had been in the stack of tentative subdivision approval letters that he had been signing just before the current protocols were put in place. He noted that as soon as staff 3 Leeward Planning Commission April 15,2021,Meeting Minutes realized the potential conflict of interest, he and the department decided to rescind the letter. He apologized for the oversight and said he would take full responsibility for it. Director Kern also informed the Commission of his request to the Board of Ethics ("BOE") for an informal advisory opinion. He said that he had just had his final hearing on April 12, 2021 and presented to the BOE the protocols that are currently in place. He described the protocols as follows: he has given his staff a list of his former clients; anything that comes in is reviewed against that list, and nothing that is listed comes to him but goes to Deputy Planning Director Darrow; the department's electronic filing system is controlled so that he has no access to any of his former projects; and he recuses himself from working with any of his former clients or employees for at least a year. He concluded his announcement by saying that the protocols have been working well where the deputy director handling a lot of land use matters and himself being focused more on operations process, such as the launch of EnerGov. He added that with that protocol in place, he should be able to avoid anything like the aforementioned mistake. Commissioner Van Pernis commented that his understanding was that if the head of a department has a conflict of interest, then the staff of that department is also disqualified from handling the matter; therefore, his request for the Commission to consider the potential conflict, concerned both the director and his staff. He asked if Director Kern had asked the BOE whether or not his staff, including the deputy director, could deal with those matters. Director Kern responded that in his presentation to the BOE, he had explicitly stated that anything that he would be in conflict with would be taken over by the deputy director who would then basically act as the director in those cases, with which the BOE concurred as the appropriate thing to do. Chairman Vitousek cautioned against having extended discussion on the matter, as Director Kern was just making an announcement; however, this matter would be placed on a future agenda for discussion once a written report was issued by the BOE. Director Kern said that he was expecting the BOE opinion in writing, which he would submit to the Commission as soon as possible. Chairman Vitousek called upon Deputy Corporation Counsel Jean Campbell to make her announcement. Ms. Campbell introduced herself and said that she represents the Planning Department, the Public Access, Open Space, and Natural Resources Preservation Commission ("PONC"), and other departments and boards. She said that she had made a petition to the BOE for its guidance and appeared before them on April 12, 2021. She said that there are two pending matters before the county, which involve property that she owns in her personal estate planning trust: One is a subdivision application being handled by the Planning Department and the other an application to the PONC. She stated with respect to the subdivision application, which had been filed last summer, that she and Corporation Counsel Elizabeth Strance had discussed the potential conflict during her interview process in January of this year and agreed that although it was unlikely for that approval process to come to their office, if it did, she would be screened from it and another attorney would handle any legal matters relating to her subdivision process. Regarding the other pending matter, she said that she had not been aware that the application had been filed with the PONC until about a week before she started to work in the Office of the Corporation Counsel. She stated that she and Corporation Counsel Strance agreed, and the BOE recommended, that while all the decision-making power regarding PONC recommendations is with the PONC itself 4 Leeward Planning Commission April 15,2021,Meeting Minutes with no input from its counsel, she should be screened from all matters relating to the application concerning her property, and that she should not serve as counsel to PONC when they evaluate that application; also, should the application be recommended for acquisition, she will be screened from anything further, and another attorney will handle all legal matters in any potential acquisition process. She concluded her announcement by saying that the BOE guidance is that she can continue to represent both the Planning Department and PONC with that screening in place, and that she will represent herself in her personal capacity to address the matters before either the Planning Department or PONC, should she desire to do so. Chairman Vitousek reiterated that this was an announcement and not intended to be discussed. Commissioner Van Pernis asked if Ms. Campbell was going to share the BOE decision with the Commission. Ms. Campbell responded that she had not requested a written opinion, but that she would do so, if one were issued. Deputy Corporation Counsel J Yoshimoto commented that a written opinion would be adopted at BOE's next meeting. Chairman Vitousek called upon Commissioner Newberg to make his announcement. Commissioner Newberg first acknowledged the difficult day that the Commission had had, and expressed his appreciation for everyone's professionalism. He announced that the May 20, 2021, meeting would be his last Commission meeting, as he and his family would be relocating to the mainland. Chairman Vitousek replied with his gratitude to Commissioner Newberg. ADMINISTRATIVE MATTERS 1. Discussion of recent Special Management Area (SMA) determinations, minor permits and enforcement action issued by the Planning Director. The Commission took up this item at 3:42 p.m. Chairman Vitousek asked if the commissioners had any questions regarding the recent SMA logs that staff had provided earlier. No questions were asked. ADJOURNMENT There being no further business, it was moved by Commissioner DeFranco and seconded by Commissioner Kanuha that the meeting be adjourned. A voice vote was taken, and the motion carried with all in favor. Chairman Vitousek adjourned the meeting at 3:43 p.m. Respectfully submitted, Noriko Sauer, Secretary ATTEST: Michael Vitousek, Chairman Leeward Planning Commission 5 Leeward Planning Commission April 15,2021,Meeting Minutes