Loading...
HomeMy WebLinkAbout2021-05-06 Windward Planning Commission Minutes WINDWARD PLANNING COMMISSION COUNTY OF HAWAII MINUTES MAY 6, 2021 The Windward Planning Commission met in regular session at 9:07 a.m., with Vice Chairman Gilbert Aguinaldo 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- streaming for the public to observe the meeting. VIRTUAL ATTENDANCE(COMMISSIONERS): Gilbert Aguinaldo, Dean Au, Joseph Clarkson, Michelle Galimba, Thomas Raffipiy (departed 11:54 a.m.), Dennis Lin, John Replogle (joined 9:51 a.m.) . VIRTUAL ATTENDANCE(STAFF): Zendo Kern (Planning Director), Malia Hall (Deputy Corporation Counsel for the Windward Planning Commission), Jean Campbell (Deputy Corporation Counsel for the Planning Department), Tracie Lee Camero (Planner), Maija Jackson (Temporary Assignment Program Manager), 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. Vice Chairman Aguinaldo called the meeting to order. He explained the procedure and protocol for this online meeting and live public testimony. He introduced the Commissioners and staff who were in virtual attendance. STATEMENTS FROM THE PUBLIC At 9:11 a.m. the Commission took up statements from the public. There was one (1) testifier in opposition of Agenda Item 1, ISLAND NATURALS PROPERTIES, LLC (SMA 21-000079) and testimony ended at 9:22 a.m. [SEE HEARING TRANSCRIPT EXHIBIT AJ It was moved by Commissioner Clarkson and seconded by Commissioner Raffipiy that public testimony be closed. A voice vote was taken, and the motion carried with all in favor. NEW BUSINESS 1. APPLICANT: ISLAND NATURALS PROPERTIES, LLC (SMA 21-000079) Application for a Special Management Area(SMA) Use Permit to allow the construction of an approximately 67,685 square-foot, retail and office complex on approximately 4.045-acres of land situated in the Special Management Area. The subject property is Page 1 of 5 Windward Planning Commission May 6,2021 Minutes located on the northwestern corner of the intersection of Mililani Street and Kelcuanao`a Avenue, Portion of Waiakea, South Hilo District, Hawaii, TMK(3) 2-2-030:017. The Commission took this item up at 9:22 a.m. Action: It was moved by Commissioner Au and seconded by Commissioner Raffipiy that the Special Management Area Use Permit application for Island Naturals Properties, SMA 21- 000079 be approved. A roll call vote was taken, and the motion carried with seven ayes (Au, Raffipiy, Clarkson, Galimba, Lin, Aguinaldo, Replogle) and no noes. This hearing item ended at 10:30 a.m. [SEE HEARING TRANSCRIPT EXHIBIT BJ A110:31 a.m. the Vice Chair called a recess and the hearing reconvened at 10:43 a.m. MINUTES Approval of Minutes of the April 1, 2021 Windward Planning Commission meeting At 10:43 a.m. it was moved by Commissioner Replogle and seconded by Commissioner Au that the minutes of April 1, 2021, be approved as distributed. A voice vote was taken, and the motion carried with all in favor. ADMINISTRATIVE MATTERS 1. CZM/SMA presentation by the State Office of Planning and Planning Department staff. The Commission took this item up at10:44 a.m. The State Office of Planning, Hawaii Coastal Zone Management(CZM) Program staff John Nakagawa, Planner and Shichao Li, Statewide SMA Coordinator presented an overview of the Coastal Zone Management Program and Special Management Area(SMA)permitting from the State of Hawaii perspective. At the end of the presentation, Commissioner Replogle asked why Alaska left the CZM program. Mr. Nakagawa replied Alaska felt it was in their best interest to operate as a State program. He also mentioned as a State program participating in a Federal program there are obligations on grant requirements and reporting on a semi-annual basis. Commissioner Clarkson asked whether the prohibition on shoreline hardening that was recently enacted applies to all existing structures or only structures that are completed or permitted from now on. Mr. Li replied yes that it applies to new structures. Commissioner Au asked about the enforcement process and its multi-layer with different agencies like the State and County government and asked what happens if there is a violation. Mr. Nakagawa replied the violation is at the County level if it is a SMA violation. It would start at the Planning Department and Planning Commission as the authority that issue the SMA permit. As a State program they do have oversite over County programs and the State does not Page 2 of 5 Windward Planning Commission May 6,2021 Minutes have enforcement provisions or enforcement actions. The Federally approved program builds in a component called monitoring enforcement where they look at patterns of non-compliance. For example, if the Planning Commission or County Planning Department repetitively approves shoreline structures that should not be approved the State my step in and question administratively. Mr. Nakagawa stated that sometimes calls are received from the public on SMA permits issued and enforcement action is not started as there is no enforcement provision. Instead, they work with the County to get information, ask questions and it is exceedingly rare a situation would need some type of action to be taken. Commissioner Au appreciated the comments made to his question. Mr. Nakagawa also expressed his appreciation for the Commissioners time and the opportunity to provide a broad overview of the CZM Program and SMA and Shoreline Setback. This hearing item ended at 11:31 a.m. [SEE ATTACHED POWERPOINT PRESENTATION EXHIBIT Q The Commission took this item up at 11:31 a.m. The Planning Department staff Alex Roy and Maija Jackson did a presentation on the Coastal Zone Management and SMA permitting and shoreline permitting process from the County of Hawai`i's perspective. Ms. Jackson answered Commissioner Au's previous question concerning enforcement and who regulates enforcement. She stated for our County the statutes says that the Commission is supposed to enforce the SMA law. But, in Hawaii County the way our rules are written the Planning Commissions had given the delegated authority to the Planning Director to enforce the SMA area. So, he issues a notice of violations if there are complaints for the SMA area and the Director also has the authority to enforce violations within the shoreline setback area. During the presentation by Mr. Roy, Commissioner Replogle asked a question on coastal ecosystems. He asked if the CZM permitting can do anything about a coastal property that is being destroyed by use but there is no development. Mr. Roy replied once it passes makai of the shoreline that the two agencies of DLNR the Dept. of Aquatic Resources (DAR) and Office of Conservation and Coastal Lands (OCCL) manages all the submerged lands out to 3 miles. So, any impacts to coral reefs and submerged lands would be their focus and you would have to go through the regulatory process of OCCL and possibly Board of Land and Natural Resources (BLNR) and Department of Health (DOH) for water quality. He also stated it is the Planning Department and the Commissioner's jobs to ensure development does not add to those impacts and if it is out into the water the hope is that DLNR would provide some protection. Mr. Roy replied if that answered his question or not. Commissioner Replogle replied somewhat but his question actually was geared to the land that is there now and not specifically out on the reef but, the human activity taken place on open space that is destroying it. An example given was the Department of Hawaiian Homelands (DHHL) at Kalae where all kinds of ATV activity and other activities occurs, and the place is being trashed. Mr. Roy replied unmanaged lands, coastal lands is an issue when we don't have a nexus to impart conditional protection or preservation or mitigation. He was unable to give a direct answer and stated maybe the County can look into how to manage lands that are undeveloped but Page 3 of 5 Windward Planning Commission May 6,2021 Minutes are being impacted by heavy use or recreation when updates are done with the Planning Commission and Planning Department rules. Commissioner Clarkson asked to go back to a presentation slide when Rule 9 was discussed, back to the criteria of substantial adverse effect on affects air, water quality or noise levels. He mentioned in today's meeting they were instructed not consider noise levels and wondered how staff reconciled that with the Planning Commission rules. Ms. Jackson replied it relates more to substantial effects on the coastal resources and not on the population. The concern in the meeting was the effect of the noise from cars idling in the drive-through on a neighbor whereas this section of the PC rule relates more to the effect of noise on the coastal resources. Commissioner Clarkson stated, "such as coastal fauna" and Ms. Jackson replied "exactly". She also mentioned she will share the Topliss versus Planning Commission decision (9 HAW. App. 377, 842 P.2d 648 (1993) with the Commission, whereby the court had overturned the Planning Commission's decision on a SMA because they had denied the permit based on traffic issue. Commissioner Au made a comment that he understands the State and County has procedures that needs to be followed. As Commissioners they are volunteers who represents the public and are part of the public input process. He mentioned when concerns are brought up whether it is irrelevant or not to the State or County rules, the Commission has to bring it up as that is part of the public input process. This hearing item ended at 12:20 p.m. [SEE ATTACHED POWERPOINT PRESENTATION EXHIBIT DJ 2. 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 12:20 p.m. Ms. Jackson said the Special Management Area(SMA) Assessment log and the Short-Form log were provided and asked if the Commission had questions. There was no discussion or questions on the recent SMA logs. ANNOUNCEMENTS Ms. Jackson said there are no announcements. ADJOURNMENT Prior to adjournment, Commissioner Replogle thanked Vice Chair Aguinaldo and apologized to the Commission for the vandals that broke into the cell tower in his area the night before. There being no further business, it was moved by Commissioner Replogle and seconded by Commissioner Galimba that the meeting be adjourned. A voice vote on the motion to adjourn was taken, and the motion carried with none opposed. Vice Chairman Aguinaldo adjourned the meeting at 12:22 p.m. Page 4 of 5 Windward Planning Commission May 6,2021 Minutes Respectfully submitted, Melissa Dacayanan-Salvador, Secretary ATTEST: Gilbert Aguinaldo, Vice Chairman Windward Planning Commission Page 5 of 5 Windward Planning Commission May 6,2021 Minutes