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Home My WebLink About2021-07-15 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAII MINUTES JULY 15, 2021 The Leeward Planning Commission met in regular session at 11:06 a.m., with Chairman Michael Vitousek presiding. Based on the Governor's Twenty-First Proclamation Related to the COVID-19 Emergency dated June 7, 2021, this meeting was held online, with live stream video for the public to observe the meeting. COMMISSIONERS PRESENT: Michael Vitousek, Shani Armbruster, Barbara DeFranco, Mark Van Pernis, and Faith"Faye" Yates, and Clement"CJ" Kanuha III(from 4:26 p.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), 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 described the public accessibility to this meeting and the protocol for the participants to follow. Chairman Vitousek called the roll of the commissioners and staff. APPROVAL OF MINUTES At 11:08 a.m. the Commission took up the minutes from the June 16, 2021, meeting. It was moved by Commissioner DeFranco and seconded by Commissioner Yates that the minutes be approved as submitted. A vote was taken by show of hands, and the motion carried by unanimous vote of those present. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS At 11:09 a.m. Chairman Vitousek opened the floor for public testimony. He said that the Commission had received some written testimony on today's agenda items, and that there were several individuals who were signed up to provide oral testimony. He called upon the testifiers, explained the procedure, and swore them in to tell the truth in their testimony. At 11:11 a.m. Ms. Margaret Wille provided testimony regarding New Business item 1, the application of PARKER SCHOOL (Amend USE 05-001). The testimony ended at 11:22 a.m. [SEE TESTIMONY TRANSCRIPT EXHIBIT AJ At 11:22 a.m. Ms. Barbara Anderson provided testimony regarding New Business item 2, the application of PACIFICA BIG ISLAND, LLC (Amend SMA 286). The testimony ended at 11:28 a.m. [SEE TESTIMONY TRANSCRIPT EXHIBIT BJ 1 It was moved by Commissioner DeFranco and seconded by Commissioner Yates that public testimony be closed. There being no discussion on the motion, a vote was taken by show of hands, and the motion carried by unanimous vote of those present. NEW BUSINESS 1. APPLICANT: PARKER SCHOOL (Amend USE 05-001) Application to amend Condition No. 11 (Roadway Improvements) of Use Permit No. 05-001, to remove the requirement to complete roadway improvements prior to the issuance of Certificate of Occupancy for the gymnasium. Use Permit No. 05-001 allows the establishment of an elementary school (grades K-6) and expansion of the Parker School complex on 14.32 acres of land situated within the Agricultural-1 acre (A-la) and Single Family Residential -7,500 square feet(RS-7.5) zoned district. The subject properties are located between Kapi`olani Road and Waikoloa Stream, Waimea, South Kohala, Hawaii TMK: (3) 6-5-004:025, 026, 028 and 063. The Commission took up this item at 11:28 a.m. Action: It was moved by Commissioner DeFranco and seconded by Commissioner Yates that the Commission defer its decision so that the applicant can do further investigation on the placement of the pedestrian safety improvements on Kapi`olani Road in consideration of the long-term community benefits. Commissioner Van Pernis moved, and Commissioner Armbruster seconded, to amend the motion to limit the deferral to the date of the August Commission meeting. A roll call vote on the subsidiary motion was taken, and the subsidiary motion carried with five ayes (Van Pernis, Armbruster, DeFranco, 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, Yates, Armbruster, Van Pernis, and Vitousek), no noes, and one absent and excused (Kanuha). The hearing was adjourned at 12:25 p.m. [SEE HEARING TRANSCRIPT EXHIBIT Q Chairman Vitousek called a recess at 12:25 p.m. He called the meeting back to order at 1:02 p.m. Chairman Vitousek gave Commissioner Van Pernis a verbal warning in reference to his statement during the discussion on the previous item. Chairman Vitousek explained that Commissioner Van Pernis's statement that Commissioner DeFranco's comment had no merit, was inappropriate and unnecessarily argumentative. Commissioner Van Pernis asked in response what words Chairman Vitousek would suggest in place of"no merit." Chairman Vitousek suggested, "I disagree with the commissioner's opinion." Commissioner Van Pernis apologized the use of the words "no merit"; however, he said that he did not think that those words were inappropriate, considering the outcome of the vote. Chairman Vitousek said that the warning had nothing to do with the outcome of the vote but had to do with being unnecessarily argumentative towards fellow commissioners. He affirmed Commissioner Van Pernis's further comment that in the chairman's opinion the use of"no merit"was unnecessarily argumentative. 2 Leeward Planning Commission July 15,2021,Meeting Minutes 2. APPLICANT: PACIFICA BIG ISLAND, LLC (Amend SMA 286) Application for a three (3)-year time extension to Condition No. 2 (Time to Secure Final Plan Approval) of Special Management Area Use Permit No. 286, which allows the development of 184 units of multiple-family housing and related improvements on two (2)parcels totaling approximately 24.499 acres of land situated within the Special Management Area. The subject properties are located on the east(mauka) side of the Kamehameha III Road-Ali`i Drive intersection, Kahulu`u and Keauhou 1st, North Kona, Hawaii, TMK: 7-8-010:078 and 090. The Commission took up this item at 1:04 p.m. Action: It was moved by Commissioner DeFranco and seconded by Commissioner Armbruster that the application to amend the Special Management Area permit, docket number 286, be approved based on the planning director's recommendations, which shall be adopted. Commissioner Van Pernis moved, and Commissioner Yates seconded, to amend the motion to incorporate the following two changes to the conditions of approval: A new condition be added to read, "The applicant shall consult with representatives of Life Care Center to reasonably conserve and protect and mitigate view plane impacts of the ocean and provide the outcome of same to the planning director as part of the Plan Approval process"; and, the last two paragraphs after Condition 19 be deleted and replaced with a new condition to read, "Should Conditions 2 and 3 not be met or substantially complied with in a timely fashion, the planning director shall initiate procedures to revoke the permit." A roll call vote on the subsidiary motion was taken, and the subsidiary motion carried with five ayes (Van Pernis, Yates, Armbruster, DeFranco, 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, Armbruster, Van Pernis, Yates, and Vitousek), no noes, and one absent and excused (Kanuha). The hearing ended at 3:16 p.m. [SEE HEARING TRANSCRIPT EXHIBIT DJ Chairman Vitousek called a recess at 3:16 p.m. He called the meeting back to order at 3:22 p.m. 3. Discussion of Planning Department procedures for processing requests for time extensions on permit and rezone ordinance amendments heard by the Planning Commission. Commissioner Van Pernis moved, and Chairman Vitousek seconded, to postpone this item until the next Commission meeting in August. In response to Commissioner Van Pernis's inquiry, Chairman Vitousek confirmed that the commissioners had received his written testimony regarding this matter. A vote was taken by show of hands, and the motion carried by unanimous vote of those present. 4. Discussion and recommendation on the Mayor's request (Communication 183) to remove Mark Van Pernis from the Leeward Planning Commission, which will be discussed at the August 3, 2021 County Council Committee on Planning meeting. 3 Leeward Planning Commission July 15,2021,Meeting Minutes The Commission took up this item at 3:26 p.m. Commissioner Kanuha joined in at 4:26 p.m. Action: It was moved by Commissioner DeFranco and seconded by Commissioner Yates that a favorable recommendation be forwarded to the County Council Committee on Planning on the mayor's request to remove Mark Van Pernis from the Leeward Planning Commission. A roll call vote was taken, and the motion carried with four ayes (DeFranco, Yates, Kanuha, and Vitousek), one no (Van Pernis), and one abstention (Armbruster). It was then moved by Commissioner Yates and seconded by Commissioner DeFranco that the Commission forward to the County Council Committee on Planning the transcript of this discussion along with the recommendation. A roll call vote was taken, and the motion carried with five ayes (Yates, DeFranco, Armbruster, Kanuha, and Vitousek), no noes, and one abstention (Van Pernis). The discussion ended at 4:34 p.m. [SEE DISCUSSION TRANSCRIPT EXHIBIT EJ ADMINISTRATIVE MATTERS 1. Discussion of recent Special Management Area (SMA) determinations, minor permits and enforcement action issued by the Planning Director. The Commission did not take up this item. AGENDA ITEMS FOR NEXT MEETING The Commission took up this item at 4:34 p.m. Chairman Vitousek noted that Commissioner Van Pernis submitted a request to agendize a discussion on how violations are currently handled by the Planning Department, along with a number of questions to be answered. He asked the Commission whether they would like to discuss the matter as board business or they would like Commissioner Van Pernis to seek information from the department on his own. Commissioner DeFranco responded that Commissioner Van Pernis should seek such information on his own, and that she did not wish to discuss it at a meeting of the Commission. There were no other comments. Chairman Vitousek did not instruct staff to agendize the requested item. Upon inquiry by Commissioner Van Pernis, Chairman Vitousek clarified his decision that Commissioner Van Pernis could seek the answers to his questions from the department staff outside of the Commission meeting. ANNOUNCEMENTS 1. The Leeward Planning Commission's next monthly meeting is scheduled for Thursday, August 15, 2021,by interactive video conference via Zoom. At 4:36 p.m. Chairman Vitousek called upon staff to provide any updates on the next meeting. Ms. Jackson had no updates to report; however, a typographical error in this agenda item description was corrected to read that the next meeting is scheduled for Thursday, August 19, 2021. 4 Leeward Planning Commission July 15,2021,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 voice vote was taken, and the motion carried with no one opposed. Chairman Vitousek adjourned the meeting at 4:37 p.m. Respectfully submitted, Noriko Sauer, Secretary ATTEST: Michael Vitousek, Chairman Leeward Planning Commission 5 Leeward Planning Commission July 15,2021,Meeting Minutes