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HomeMy WebLinkAbout2021-05-20 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAII MINUTES MAY 20, 2021 The Leeward Planning Commission met in regular session at 9:47 a.m., with Chairman Michael Vitousek presiding. Based on the Governor's Nineteenth Proclamation Related to the COVID-19 Emergency dated April 9, 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, Mark Van Pernis, Faith "Faye" Yates, and Max Newberg (until 2:58 p.m.) ABSENT AND EXCUSED: Clement"CJ" Kanuha III ALSO IN ATTENDANCE: Dalilah Schlueter, Esq. (Counsel for the Commission), Jean Campbell, Esq. (Counsel for the Planning Department), 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 explained the public accessibility to this meeting, as well as the protocol for the participants to follow. Chairman Vitousek announced the following changes to the meeting process: 1) As a result of a request from Commissioner Van Pernis and of a meeting with him and the county ADA (Americans with Disabilities Act) coordinators, Commissioner Van Pernis will be offered the following reasonable accommodations: a) A headset to assist with clarity; b) The ability to provide written questions in advance of the meeting, which will be read by the chairperson during the meeting; and, c) The ability to use the Zoom Chat function for questions, which will also be read by the chairperson into the record. 2) Pursuant to Planning Commission Rule 1-5, the commission will adhere more closely to Robert's Rules of Order, which include the following: a) Discussions must take place after a main motion has been moved and seconded. After the commission has heard from the Planning Department staff and from the applicant, the chairperson will allow a limited opportunity to ask questions of the applicant and the department staff, but the commissioners may not discuss the item until a main motion has been made. Each commissioner will have a block of time of no more than ten minutes to ask questions but may request an extension from the chairperson. 1 b) After a main motion has been moved and seconded, discussion can take place. Any subsequent changes, such as requests for alterations of conditions or wording, will be made in the form of a motion to amend the main motion, which will require a second and a vote to formally amend the main motion. c) In the event there are any behaviors displayed by applicants, members of the public, or commissioners that are disruptive to the order of the commission meetings, the chairperson will exercise his/her authority pursuant to Planning Commission Rule 1-50) to address these behaviors and, if necessary, to remove the disruptive parry from the meeting. The chairperson will provide one verbal warning, and if the warning is not heeded, the chairperson will call a recess and give a second verbal warning. If there is any further disruptive, disrespectful, or discourteous behavior following the second warning, the parry will be removed from the meeting. d) The commissioners are requested to take an active role in ensuring the order of the commission meetings. If a commissioner objects to any behavior, he/she may interrupt by stating "Point of Order" and his/her concerns will be discussed. If a commissioner objects to an undiplomatic or improper manner, he/she may interrupt by stating "I object to the consideration of this question" and his/her concerns will be discussed. Chairman Vitousek introduced the commissioners and staff in attendance. At 9:55 a.m. pursuant to Hawaii Revised Statutes Chapter 92-7(d) and Planning Commission Rule 1-5(c)(2), the commission discussed and voted on the following amendments to the agenda: 1) Add election of a temporary vice chairperson for the June 2021 commission meeting: A motion to adopt the amendment was moved by Commissioner Carr Smith and seconded by Commissioner Yates. A vote was taken by show of hands, and the motion carried with five ayes (Carr Smith, Yates, DeFranco, Newberg, and Vitousek), one no (Van Pernis), and one absent and excused (Kanuha). Chairman Vitousek stated that this item will be added as New Business item 7. 2) Postpone New Business item 2, JEKATERINA MYSIN (SMA 21-000078), until the June 2021 commission meeting, as requested by the applicant: It was moved by Commissioner Carr Smith and seconded by Commissioner DeFranco that the commission go into executive session to consult with its attorney pursuant to Hawaii Revised Statutes 92-5. A vote was taken by show of hands, and the motion carried with five ayes (Carr Smith, DeFranco, Newberg, Yates, and Vitousek), one no (Van Pernis), and one absent and excused (Kanuha). The commission went into executive session at 10:16 a.m. and came out at 10:26 a.m. A motion to allow a continuance as requested was moved by Commissioner Newberg and seconded by Commissioner Carr Smith. A vote was taken by show of hands, and the motion carried with five ayes (Newberg, Carr Smith, DeFranco, Van Pernis, and Yates), 2 Leeward Planning Commission May 20,2021,Meeting Minutes one no (Vitousek), and one absent and excused (Kanuha). Chairman Vitousek clarified that the commission would still accept public testimony. 3) Include making clerical revisions to permitted uses in the Family Agricultural zoning district in New Business item 6: A motion to adopt the amendment was moved by Commissioner Carr Smith and seconded by Commissioner Newberg. A vote was taken by show of hands, and the motion carried with five ayes (Carr Smith, Newberg, DeFranco, Yates, and Vitousek), one no (Van Pernis), and one absent and excused (Kanuha). The discussion ended at 10:37 a.m. [SEE DISCUSSION TRANSCRIPT EXHIBIT AJ Chairman Vitousek at this time called upon Commissioners DeFranco and Van Pernis to make their disclosure statements concerning New Business item 1, ARNOLD RABIN (SPP 21- 000224). Commissioner DeFranco stated that she knew Applicant Mr. Rabin personally and his wife was currently working for her, but that she felt that she would be able to make an impartial decision on this matter. No one raised objections to Commissioner DeFranco's participation in this agenda item. Commissioner Van Pernis stated that he had as an attorney represented Applicant Mr. Rabin in a variety of matters years ago, and that he considered Mr. Rabin a friend. He recused himself from this agenda item for the reason that his relationship with the applicant would prevent him from being fair and impartial. Chairman Vitousek accepted his recusal. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS Chairman Vitousek called upon public testifiers, explained the procedure, and swore them in to tell the truth in their testimony. At 10:40 a.m. five individuals provided statements regarding New Business item 2, the application of JEKATERINA MYSIN (SMA 21-000078). The testimony ended at 11:04 a.m. [SEE HEARING TRANSCRIPT EXHIBIT BJ There was a connectivity problem with next testifiers. At 11:07 a.m. Chairman Vitousek called a recess to address the problem. He called the meeting back to order at 11:15 a.m. At 11:15 a.m. Six individuals provided statements regarding New Business items 3 and 4, the applications of TIMOTHY JOSEPH WARD & KAY LYNN WARD (SLU 21-000056/REZ 21-000246). The testimony ended at 11:36 a.m. [SEE HEARING TRANSCRIPT—EXHIBIT CJ It was moved by Commissioner Yates and seconded by Commissioner Carr Smith that public testimony be closed. A vote was taken by show of hands, and the motion carried with five ayes (Yates, Carr Smith, DeFranco, Newberg, and Vitousek), no noes, and one absent and excused (Kanuha). Commissioner Van Pernis voted neither for nor against the motion. 3 Leeward Planning Commission May 20,2021,Meeting Minutes NEW BUSINESS 1. APPLICANT: ARNOLD RABIN (SPP 21-000224) Application for a Special Permit to allow the use of a portion of an existing farm dwelling as a real estate office on approximately 1.01 acre of land situated within the State Land Use Agricultural District. The subject property is located at 83-5365 Hawaii Belt Road, approximately 0.46 miles north of the Hawaii Belt Road/Middle Ke`ei Road intersection, Ke`ei 2nd, South Kona, Hawaii, TMK: (3) 8-3-010:089. The commission took up this item at 11:36 a.m. Commissioner Van Pernis recused himself from this item. Action: It was moved by Commissioner Carr Smith and seconded by Commissioner Newberg that the application for Special Permit docket number 21-000224 be approved based on the planning director's recommendation, which shall be adopted. A roll call vote was taken, and the motion carried with five ayes (Carr Smith, Newberg, DeFranco, Yates, and Vitousek), no noes, one recused (Van Pernis), and one absent and excused (Kanuha). The hearing ended at 11:51 a.m. [SEE HEARING TRANSCRIPT EXHIBIT DJ 2. APPLICANT: JEKATERINA MYSIN (SMA 21-000078) Application for Special Management Area Use Permit to construct a six (6) unit, five (5) story condominium and related improvements on a 9,934 square foot lot situated within the Special Management Area. The subject property is located at 75-6150 Alii Drive, approximately 0.25 miles north of Royal Poinciana Drive, Puapua`a 2nd, North Kona, Hawaii, TMK: (3) 7-5-020:066. This item was postponed until the June 2021 commission meeting. 3. APPLICANTS: TIMOTHY JOSEPH WARD & KAY LYNN WARD (SLU 21-000056) Application for a State Land Use Boundary Amendment from Agricultural to Urban for 3.992 acres of land. The subject property is located at 73-4350 Hawaii Belt Road, approximately 300 feet south of its intersection with Ka`iminani Drive, Kalaoa 4h, O`oma 1st, North Kona, Hawaii, TMK: (3) 7-3-005:015. 4. APPLICANTS: TIMOTHY JOSEPH WARD & KAY LYNN WARD (REZ 21-000246) Application for a Change of Zone from an Agricultural-5 acre (A-5a) and Agricultural 1-acre (A-1 a) to a Single-Family Residential 22,000 square feet(RS-22) zoned district for 3.992 acres of land. The subject property is located at 73-4350 Hawaii Belt Road, approximately 300 feet south of its intersection with Ka`iminani Drive, Kalaoa 4h, O`oma 1st, North Kona, Hawaii, TMK: (3) 7-3-005:015. The commission took up these two items simultaneously at 11:51 a.m. 4 Leeward Planning Commission May 20,2021,Meeting Minutes At 12:52 p.m. after a verbal warning, Chairman Vitousek called a short recess to discuss decorum with Commissioner Van Pernis. He called the hearing back to order at 12:55 p.m. Action on SLU 21-000056: It was moved by Commissioner DeFranco and seconded by Commissioner Carr Smith that a favorable recommendation be forwarded to the County Council on the application of the state land use boundary amendment, docket number SLU 21-000056, based on the deputy planning director's recommendation, which shall be adopted. A roll call vote was taken, and the motion carried with six ayes (DeFranco, Carr Smith, Newberg, Van Pernis, Yates and Vitousek), no noes, and one absent and excused (Kanuha). Action on REZ 21-000246: It was moved by Commissioner DeFranco and seconded by Commissioner Carr Smith that a favorable recommendation be forwarded to the County Council on the application for change of zone, docket number REZ 21-000246, based on the deputy planning director's recommendation, which shall be adopted. Commissioner Carr Smith moved to amend the motion to include the following revisions to the recommended conditions of approval: 1) Condition C, the word"application" in the third to last line be corrected to "applicants"; 2) Condition L, the first line, except for the word "prior,"be deleted; 3) Condition M be replaced in its entirety with"Prior to final subdivision approval, the applicant shall install a five-foot high fence along the entire southern boundary of the property, and a speed bump, stop sign, and convex mirror at the bottom of the subdivision access road"; and 4) Condition N, the word "unlikely" in the first line be deleted. Commissioner Van Pernis seconded the motion. A roll call vote on the subsidiary motion was taken, and the subsidiary motion carried with six ayes (Carr Smith, Van Pernis, DeFranco, Newberg, Yates, and Vitousek), no noes, and one absent and excused (Kanuha). A roll call vote on the main motion as amended was taken, and the motion carried with five ayes (DeFranco, Carr Smith, Newberg, Van Pernis, and Vitousek), no noes, one abstention (Yates), and one absent and excused (Kanuha). The hearing ended at 1:23 p.m. [SEE HEARING TRANSCRIPT EXHIBIT EJ Chairman Vitousek called a recess at 1:23 p.m. He called the meeting back to order at 2:00 p.m. 5. APPLICANTS: MARIKO SAKITA & MARK H. MOZESON (SPP 21-000225) Application for a Special Permit to operate a four (4)-bedroom bed and breakfast establishment on approximately 3.925 acres of land within the State Land Use Agricultural District. The subject property is located at 59-270 Olomana Road, approximately 0.5 miles north (makai) of its intersection with Kohala Ranch Road, Kahua 1st, Kahua, Waika, North Kohala, Hawaii, Tax Map Key: (3) 5-9-011:067. Chairman Vitousek announced that this application had been withdrawn by the applicants. 6. INITIATOR: PLANNING DIRECTOR An ordinance amending Chapter 23 (Subdivision Code) and Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2016 Edition, as amended). Amendments to Chapter 23 (Subdivision Code), Article 4, Article 5, and Article 6 relate to general provisions, final plat map and construction. Amendments to Chapter 25 (Zoning Code), Article 2 and Article 6 relate to general administration and time extensions and amendments for planned unit 5 Leeward Planning Commission May 20,2021,Meeting Minutes developments. The purpose is to amend language in the Subdivision Code and the Zoning Code in preparation for the EnerGov launch, which will change the process for submitting applications to the Planning Department and making clerical revisions to permitted uses in the Family Agricultural zoning district. The commission took up this item at 2:02 p.m. Action: It was moved by Commissioner Carr Smith and seconded by Commissioner Newberg that the commission send a favorable recommendation to the County Council on the planning director's proposed ordinance amending Chapters 23 and 25 of Hawaii County Code, including clerical revisions to permitted uses in the Family Agricultural zoning district. A vote was taken by show of hands, and the motion carried with five ayes (Carr Smith, Newberg, DeFranco, Yates, and Vitousek), no noes, one abstention (Van Pernis), and one absent and excused (Kanuha). The hearing ended at 2:18 p.m. [SEE HEARING TRANSCRIPT EXHIBIT FJ 7. ELECTION OF TEMPORARY VICE CHAIRPERSON FOR THE JUNE 2021 COMMISSION MEETING At 2:18 p.m. Chairman Vitousek opened the floor for nomination for temporary vice chairperson for the June commission meeting. Commissioner Carr Smith nominated Commissioner DeFranco. Commissioner Yates seconded the nomination. There being no other nominations, a vote was taken by show of hands, and Commissioner DeFranco was elected temporary vice chairperson for the June 2021 commission meeting with five ayes (Carr Smith, Yates, Newberg, DeFranco, and Vitousek), no noes, one abstention (Van Pernis), and one absent and excused (Kanuha). At this time Deputy Planning Director Darrow expressed his gratitude to departing Vice Chairman Newberg and presented a certificate of appreciation signed by Mayor Mitchell Roth. Commissioner Carr Smith also expressed her appreciation to Vice Chair Newberg and spoke of their years of service together on county boards, starting with the Board of Appeals. MINUTES Approval of the Minutes of the April 15, 2021, Leeward Planning Commission meeting. At 2:18 p.m. it was moved by Commissioner Carr Smith and seconded by Commissioner DeFranco that the minutes be approved as submitted. A vote was taken by show of hands, and the motion carried with all in favor. 6 Leeward Planning Commission May 20,2021,Meeting Minutes ADMINISTRATIVE MATTERS 1. CZM/SMA presentation by the State Office of Planning and Planning Department staff. At 2:19 p.m. Coastal Zone Management Program Manager Justine Nihipali and Planner Shichao Li of the State of Hawaii Office of Planning provided a presentation regarding the Hawaii Coastal Zone Management and Special Management Area("SMA") Permitting. [SEE COPY OF POWERPOINT EXHIBIT GJ Upon inquiry by Commissioner Carr Smith, Mr. Li clarified that the trigger for an SMA Major permit is not only the $500,000 construction cost threshold but also a significant impact. He said that impact is in fact more important; however, the $500,000 threshold provides an automatic trigger where there is no question of discretion. Commissioner Carr Smith also asked how impact is differentiated between a beach area and a rocky cliff. Mr. Li responded that the impact on rocky cliff area has to do more with the landslide and coastal hazard issue, whereas the beach area deals more with the erosion issue. He further said that according to the definition of shoreline by the Department of Land and Natural Resources, the top of the cliff can be regarded as shoreline, which triggers SMA requirements and shoreline setback requirements for the parcel. In response to Commissioner DeFranco's questions regarding sea walls, Mr. Li said that sea walls and any shoreline hardening structures are prohibited in the beach areas, except that if there is specific interest of the public in building a sea wall, it can be permitted. Chairman Vitousek asked if sand dunes that would not be created by coastal processes are included in the beach definition. Mr. Li responded that both the submerged or nearshore area and the upland area like sand dunes are considered beach. Chairman Vitousek further asked if sand deposits buried under outside sediments that were brought in by land alteration or land reclamation, could also fall under the definition of beach. Mr. Li answered in the affirmative and said that if it is historically a beach area that can be found by a geological survey or another way, it can be defined as beach. Chairman Vitousek also asked if there is a size limit on what constitutes beach. He noted that in Kona there are very small pockets of sand surrounded by lava, which is the local form of a beach. Mr. Li said in response that there is no size definition under Hawaii Revised Statutes Chapter 205A on beach, and that that would more likely be determined case by case. Planner Alex Roy of County of Hawaii Planning Department provided a presentation on the SMA Review Criteria and the Regulatory Process, relating especially to Hawaii County. [SEE COPY OF POWERPOINT EXHIBIT HJ Commissioner Newberg left the meeting at 2:58 p.m. Chairman Vitousek asked when the amount of$500,000 constituting development was established. Mr. Li responded that it was by Act 153 in 2011, which changed the amount from $125,000 to $500,000. Mr. Roy noted that if it is found during the building permit process that 7 Leeward Planning Commission May 20,2021,Meeting Minutes the cost estimate provided by applicant seeking an SMA Minor permit does not match the county's valuation, the county has the opportunity to request an SMA Major permit instead. He also said that the Planning Department recognizes that a series of incremental permits will eventually have resulted in major work and impacted the area; therefore, the department has been looking at cumulative impacts differently and pressing people, including government agencies, for SMA Major permits, which would allow review by the public and the planning commissions. The presentation ended at 3:26 p.m. 2. Discussion of recent Special Management Area (SMA) determinations, minor permits and enforcement action issued by the Planning Director. There was no discussion on this matter. ANNOUNCEMENTS Chairman Vitousek asked about Commissioner Carr Smith's holdover status, as her term had expired March 31, 2021. Commissioner Carr Smith said that her holdover was through June; however, since she would be off island, this was the last meeting for her. She added that she had offered to remain on board until her replacement was appointed but had not heard back from the Office of the Mayor. ADJOURNMENT There being no further business, it was moved by Commissioner Carr Smith and seconded by Commissioner DeFranco that the meeting be adjourned. A voice vote was taken, and the motion carried with all in favor. Chairman Vitousek adjourned the meeting at 3:28 p.m. Respectfully submitted, Noriko Sauer, Secretary ATTEST: Michael Vitousek, Chairman Leeward Planning Commission 8 Leeward Planning Commission May 20,2021,Meeting Minutes