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HomeMy WebLinkAbout2021-06-16 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAII MINUTES JUNE 16, 2021 The Leeward Planning Commission met in regular session at 9:41 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, Barbara DeFranco, Clement"CJ" Kanuha III, Mark Van Pernis, and Faith "Faye" Yates (from 9:55 a.m.) ALSO IN ATTENDANCE: Dalilah Schlueter, 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), and Noriko Sauer(Leeward Planning Commission Secretary) A quorum was present. Chairman Vitousek called the meeting to order. He described the public accessibility to this meeting, as well as the protocol for the participants to follow. Chairman Vitousek called the roll of the commissioners and staff. APPROVAL OF MINUTES At 9:44 a.m. the Commission took up the minutes from the open session and executive session of the May 20, 2021, meeting. It was moved by Commissioner DeFranco and seconded by Commissioner Kanuha that the minutes be approved as submitted. A vote was taken by show of hands, and the motion carried with all in favor. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS At 9:45 a.m. Chairman Vitousek called upon public testifiers, explained the procedure, and swore them in to tell the truth in their testimony. At 9:46 a.m. six individuals provided statements regarding New Business item 1, the application of COUNTY OF HAWAII DEPARTMENT OF PARKS AND RECREATION (SMA 21-000080). The testimony ended at 10:11 a.m. [SEE TESTIMONY TRANSCRIPT EXHIBIT AJ At 10:11 a.m. twelve individuals provided statements regarding New Business item 2, the application of JEKATERINA MYSIN (SMA 21-000078). The testimony ended at 11:01 a.m. [SEE TESTIMONY TRANSCRIPT EXHIBIT BJ 1 It was moved by Commissioner Yates and seconded by Commissioner Kanuha that public testimony be closed. Commissioner Van Pernis opined that public testimony for item 1 should not be closed because a testifier alleged the applicant's noncompliance with the public notice requirement that is for the purpose of allowing public participation, and that if the hearing was deferred, the opportunity for public testimony should be kept open. Chairman Vitousek responded that the motion meant that the testifiers had had their opportunity to speak and there would be no further testimony at this meeting, but that during the application hearing the Commission would still consider what had been raised by the testifiers. Deputy Corporation Counsel Schlueter also clarified that the Commission had to conclude the public testimony section of the agenda by closing it in order to move onto the next agenda item, and that the public testimony section was intended for fact finding and not for debate or discussion. A vote was taken by show of hands, and the motion carried with four ayes (Yates, Kanuha, DeFranco, and Vitousek) and one no (Van Pernis). NEW BUSINESS 1. APPLICANT: COUNTY OF HAWAII DEPARTMENT OF PARKS AND RECREATION (SMA 21-000080) Application for a Special Management Area(SMA) Use Permit to allow facility improvements and American with Disabilities Act(ADA) upgrades to the existing Magic Sands Beach Park, which includes demolition of the existing comfort station, construction of a new ADA compliant comfort station, construction of ADA compliant parking spaces, new showers, new accessible picnic table and grill area, new accessible walkways and ramps connecting the park to Alii Drive, utility improvements, waterline improvements, and pavement restriping. The proposed improvements will occur on the 0.43-acre Magic Sands Beach Park property as well as within the Alii Drive right-of-way fronting the subject properties. The properties are located makai of Alii Drive, approximately 538 feet north of its intersection with La`aloa Avenue, Kapala`alaea 2nd, North Kona District, Hawaii, TMK(s): (3) 7-7-008:017, 094, 107 & (3) 7-7-010:036. The Commission took up this item at 11:01 a.m. Action: It was moved by Commissioner Van Pernis and seconded by Commissioner DeFranco that the application for Special Management Area Use Permit, Docket number 21-000080, be approved. Chairman Vitousek moved to amend the motion to include the following revisions to the recommended conditions of approval: 1) Alter Condition 8 to read, "The applicant shall adhere to the conditions of the State Historic Preservation Division approved preservation plan and establish a reasonable buffer around Site 21220 (Ku`ula)using appropriate signage and other markers which will remain in place until construction is completed"; and, 2) add a condition to require the applicant to create an overall master plan for the use of Magic Sands, La`aloa, and Kipapa Park within five years from the effective date of this permit. Commissioner Yates seconded the subsidiary motion. A roll call vote on the subsidiary motion was taken, and the subsidiary motion carried with five ayes (Vitousek, Yates, DeFranco, Kanuha, and Van Pernis) and no noes. A roll call vote on the main motion as amended was taken, and the motion carried with five ayes (Van Pernis, DeFranco, Kanuha, Yates, and Vitousek) and no noes. 2 Leeward Planning Commission June 16,2021,Meeting Minutes The hearing ended at 12:11 p.m. [SEE HEARING TRANSCRIPT EXHIBIT Q Chairman Vitousek called a recess at 12:11 p.m. He called the meeting back to order at 1:00 P.M. 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. The Commission took up this item at 1:00 p.m. Planning Director Kern recused himself from this item. The Commission considered a petition for standing in a contested case hearing filed by George Smith. Action: It was moved by Commissioner Van Pernis and seconded by Commissioner Yates that standing be granted to George Smith. A roll call vote was taken, and the motion carried with five ayes (Van Pernis, Yates, DeFranco, Kanuha, and Vitousek) and no noes. The Commission considered a petition for standing in a contested case hearing filed by Jeffrey William Silva. Action: It was moved by Commissioner DeFranco and seconded by Commissioner Yates that standing be granted to Jeffrey William Silva. A roll call vote was taken, and the motion carried with five ayes (DeFranco, Yates, Kanuha, Van Pernis, and Vitousek) and no noes. The Commission considered a petition for standing in a contested case hearing filed by Nancye Capri. Action: It was moved by Commissioner DeFranco and seconded by Commissioner Yates that standing be granted to Nancye Capri. A roll call vote was taken, and the motion carried with five ayes (DeFranco, Yates, Kanuha, Van Pernis, and Vitousek) and no noes. The Commission discussed and voted on who would conduct the contested case hearing. Action: It was moved by Commissioner Yates and seconded by Commissioner Kanuha that the Commission as a whole conduct the contested case hearing. Commissioner DeFranco moved to amend the motion that the Commission hire a hearings officer to conduct the contested case hearing. Commissioner Yates seconded the subsidiary motion. A roll call vote on the subsidiary motion was taken, and the subsidiary motion carried with four ayes (DeFranco, Yates, Kanuha, and Vitousek), no noes, and one abstention (Van Pernis). A roll call vote on the main motion as amended was taken, and the motion carried with four ayes (Yates, Kanuha, DeFranco, and Vitousek), no noes, and one abstention (Van Pernis). 3 Leeward Planning Commission June 16,2021,Meeting Minutes This item was adjourned at 2:23 p.m. [SEE HEARING TRANSCRIPT EXHIBIT DJ 3. Election of Vice Chairperson for the remainder of 2021. The Commission took up this item at 2:23 p.m. Chairman Vitousek opened the floor for nomination for vice chairperson for the remainder of the year. Chairman Vitousek 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 vice chairperson for the remainder of 2021 with all in favor. ADMINISTRATIVE MATTERS 1. Discussion of recent Special Management Area (SMA) determinations, minor permits and enforcement action issued by the Planning Director. At 2:24 p.m. Chairman Vitousek called upon staff to address this agenda item. Ms. Jackson asked if the commissioners had any questions regarding the latest logs that had been distributed in the beginning of the month. Commissioner Van Pernis raised a point of order, which he had submitted to Chairman Vitousek in writing through staff earlier; however, as it was not related to the SMA logs, and there being no questions about the logs, Chairman Vitousek closed this agenda item. AGENDA ITEMS FOR NEXT MEETING The Commission took up this item at 2:25 p.m. Commissioner Van Pernis re-presented his point of order as follows and requested Chairman Vitousek's response: "Is the Leeward Planning Commission by any of its commissioners able to inquire as to the policies, procedures, rules, and/or authorities of the County of Hawaii Planning Department and/or planning director and/or deputy planning director as to or utilized in processing and/or producing recommendations concerning applications that are considered by the Leeward Planning Commission? If the answer is in the affirmative, what is the procedure for such inquires, and where and under what category of agendas are such questions placed?" Chairman Vitousek acknowledged that he had received those questions in writing earlier. He said that he had already had Ms. Jackson answer them, as this type of questions does not have to be agendized for the Commission to discuss at a meeting, and that Commissioner Van Pernis was welcome to ask staff, if he had questions on county procedure. Commissioner Van Pernis said that Ms. Jackson had partially addressed four other questions that he had been trying to get agendized for months, but that she had not responded to the point of order, which is rather the chairperson's duty. Deputy Corporation Counsel Schlueter advised that a point of order is a motion made on a breach of protocol and is generally not used for inquiry purposes. Commissioner Van Pernis said that Ms. Jackson's response to his four other questions was helpful but inadequate, and so they should be placed on the agenda for the entire Commission to 4 Leeward Planning Commission June 16,2021,Meeting Minutes discuss. Director Kern commented that the Planning Department as a government body is open to any questions from the public or commissioners, which the department tries to answer to the best of its ability, and that in this case Ms. Jackson had done so in his opinion. He questioned if this was the opportunity for Commissioner Van Pernis to leverage his position as a commissioner. He further said that the Planning Department, however, could engage in discussion, if the chairman and the Commission wished to get into the topic. Deputy Corporation Counsel Schlueter pointed out that this section of the agenda is so that potential agenda items can be requested but not so that the content of those items can be discussed. She advised that those requests be itemized and the chairman then make the decision on whether or not to place them on the next agenda, since that is to the call of the chairman. Commissioner Van Pernis requested that his four questions be placed on the agenda, and proceeded to explain his reasons and concerns; however, Deputy Corporation Counsel Schlueter again cautioned against further discussion. Chairman Vitousek said that he would review the four questions and determine whether they can be placed on a future agenda. Commissioner Van Pernis suggested that Ms. Jackson's response be included in those items. Chairman Vitousek said that he would like to see on a future agenda a series of presentations by different entities, such as the Planning Department Long Range Division, the Department of Parks and Recreation, and the state Department of Transportation, on long range plans for the community. He said that it would be beneficial for the commissioners to understand the overall picture so that they would not evaluate in a piecemeal manner the applications that came to them. He said that the Commission could be the body to tie them together towards the greater goal. Director Kern responded that the department could work on the request, and that they would probably put those presentations at the beginning for a certain length of time so that the remainder of the day could be planned out reasonably. Chairman Vitousek agreed and suggested that limited presentations be agendized one by one at the beginning of each upcoming meeting. ANNOUNCEMENTS 1. The Leeward Planning Commission's next monthly meeting is scheduled for Thursday, July 15, 2021,by interactive video conference via Zoom. Ms. Jackson announced that a joint planning commission meeting was scheduled for 9:30 a.m. to adopt rule amendments related to EnerGov, followed by a regular meeting of the Leeward Planning Commission starting around 11:00 a.m. She said that there were currently two items on the regular meeting agenda. Director Kern expressed his appreciation for the commissioners' work and for their dedication to the community. Commissioner Van Pernis asked what the two items on the next meeting agenda were and whether or not his four questions were on the agenda. Chairman Vitousek responded that the commissioners would be notified once the agenda was finalized. 5 Leeward Planning Commission June 16,2021,Meeting Minutes ADJOURNMENT There being no further business, it was moved by Commissioner Yates and seconded by Commissioner DeFranco that the meeting be adjourned. A vote was taken by show of hands, and the motion carried with four ayes (Yates, DeFranco, Kanuha, and Vitousek). Commissioner Van Pernis abstained. Chairman Vitousek adjourned the meeting at 2:45 p.m. Respectfully submitted, Noriko Sauer, Secretary ATTEST: Michael Vitousek, Chairman Leeward Planning Commission 6 Leeward Planning Commission June 16,2021,Meeting Minutes