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HomeMy WebLinkAbout2021-08-19 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAII MINUTES AUGUST 19, 2021 The Leeward Planning Commission met in regular session at 9:30 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, Clement"CJ" Kanuha III, and Faith"Faye" Yates EX-OFFICIO MEMBER PRESENT: Robyn Matsumoto (Department of Public Works, Engineering Division) ALSO IN ATTENDANCE: Sinclair Salas-Ferguson, Esq. (Counsel for Department of Public Works), Dalilah Schlueter, Esq. (Counsel for the Commission), Jean Campbell, Esq. (Counsel for the Planning Department), Zendo Kern (Planning Director), Jeffrey Darrow (Deputy Planning Director), 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 announced that the county Board of Ethics had ruled at its August 11, 2021, meeting that Mr. Van Pernis had violated the fair treatment clause of the Ethics Code, and that yesterday the County Council had voted in favor of Mayor Mitchell Roth's request to remove Mr. Mark Van Pernis from the Commission; therefore, he would no longer be serving on the Commission. Chairman Vitousek called the roll of the commissioners and staff. APPROVAL OF MINUTES At 9:34 a.m. the Commission took up the minutes from the July 15, 2021, Leeward Planning Commission meeting. It was moved by Commissioner DeFranco and seconded by Commissioner Armbruster 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 9:35 a.m. Chairman Vitousek opened the floor for public testimony. He noted that the Commission had received some written testimony on Agenda Item 1, PARKER SCHOOL (Amend USE 05-001). He called upon the individuals registered to provide oral testimony, 1 explained the procedure, and asked them to stay on Zoom to answer questions that the commissioners might have during the hearing. He swore them in to tell the truth in their testimony. At 9:36 a.m. Mss. Elizabeth Dunn and Nicole Ryan provided testimony regarding Unfinished Business Item 1, the application of PARKER SCHOOL (Amend USE 05-001). The testimony ended at 9:42 a.m. [SEE TESTIMONY TRANSCRIPT EXHIBIT AJ At 9:42 a.m. Ms. Elizabeth Dunn provided testimony regarding Unfinished Business Item 2, the discussion on procedures for processing time extension requests. The testimony ended at 9:45 a.m. [SEE TESTIMONY TRANSCRIPT EXHIBIT BJ It was moved by Commissioner DeFranco and seconded by Commissioner Armbruster 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. UNFINISHED 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 9:45 a.m. Action: It was moved by Commissioner DeFranco and seconded by Commissioner Kanuha that the application to amend Use Permit No. 05-001 be approved, based on the planning director's recommendations, which shall be adopted. Chairman Vitousek moved to amend the motion to include a revision to the first sentence of Condition No. 11 to read, "Prior to issuance of a Certificate of Occupancy for the middle School, the applicant shall conduct an updated traffic study to determine if the following improvements are still necessary, and if so, the applicant shall provide the following improvements meeting with the Department of Public Works, at no cost to the County." Commissioner DeFranco seconded the motion. A roll call vote on the subsidiary motion was taken, and the motion carried with five ayes (Vitousek, DeFranco, Armbruster, Kanuha, and Yates), and no noes. A roll call vote on the main motion as amended was taken, and the motion carried with five ayes (DeFranco, Kanuha, Armbruster, Yates, and Vitousek), and no noes. The hearing ended at 10:29 a.m. [SEE HEARING TRANSCRIPT EXHIBIT Q 2 Leeward Planning Commission August 19,2021,Meeting Minutes 2. Discussion and recommendation on Planning Department procedures for processing requests for time extensions on permit and rezone ordinance amendments heard by the Planning Commission. Chairman Vitousek introduced this item at 10:29 a.m. and called on a motion so that discussion could take place. No motion was made, and the Commission moved onto the next agenda item. PLANNING DIRECTOR'S REPORT Report on July 2021 Special Management Area (SMA) determinations, minor permits and enforcement action issued by the Planning Director. At 10:30 a.m. Chairman Vitousek called upon staff to address this agenda item. Mr. Kay stated that the staff was in the process of working out a way to generate the SMA report from the new Electronic Processing and Information Center ("EPIC") system that the Planning Department had just transitioned into, and that they would be sure to present a report inclusive of the past months unreported. In response to Commissioner Kanuha's question, Mr. Kay said that the report could be expected at the Commission's October meeting. Director Kern reported that the EPIC system was working well through fixes and tweaks and a lot of training to staff, as one would expect with any new digital system. He said that despite the apprehension and concern that the department staff initially felt, they were now seeing the potential in this software. He said that a third party had just been contracted, who would help create SMA reports. He further said that the current dip in the operation productivity caused by the time spent for staff training should soon reverse, and that they would see a lasting positive outcome with an increase in productivity. AGENDA ITEMS FOR NEXT MEETING At 10:33 a.m. Chairman Vitousek introduced this item and asked if there were any proposals from the commissioners. Commissioner Yates asked if the Commission would revisit the matter of time extension procedure, which was on today's agenda as unfinished business but not discussed. Chairman Vitousek responded that it could be agendized again, if any commissioners felt that further discussion was necessary in addition to what had been discussed at the April 15, 2021, meeting. Asked by Commissioner Yates, Chairman Vitousek recalled that the April discussion indicated that it was within the Commission's rights to put in its own conditions of approval, with consideration of the passage of time, including no further allowance for time extensions. Deputy Corporation Counsel Schlueter advised that if the Commission wished to discuss the matter under Unfinished Business Item 2 on the agenda, a motion should be made in order to do so. No motion was made. Mr. Kay offered to individually answer any procedural questions that Commissioner Yates might have. Commissioner DeFranco said that information on roads and other infrastructure plans would be helpful to the Commission in making decisions, and that she would support such a topic to be agendized. Chairman Vitousek noted that a request had been made before for a series of 3 Leeward Planning Commission August 19,2021,Meeting Minutes presentations by different entities on topics, such as infrastructure improvements and long-range planning in various areas. Mr. Kay responded that the staff were currently coordinating those presentations for future agendas. ANNOUNCEMENTS The Leeward Planning Commission's next monthly meeting is scheduled for Thursday, September 16, 2021 by interactive video conference via Zoom. At 10:37 a.m. Chairman Vitousek called upon staff to provide any updates on the next meeting agenda. Mr. Kay said that there were presently two items, including a request for clarification of intervenor status for the SMA 21-000078 Mysin contested case. Commissioner DeFranco commented that because of the limited interaction in the virtual meeting environment, the commissioners knew little about each other, and that she thought it was important for them to know each other's background and expertise while working together. Chairman Vitousek suggested that he call on each commissioner to give a little background on themselves during the roll call at the next meeting. Upon inquiry by Mr. Kay, Deputy Corporation Counsel Schlueter said that as long as it was limited to introduction of commissioners themselves, no special mention on the agenda would be necessary. Chairman Vitousek clarified that there would be no discussion or questions, and that it would just be the opportunity for each commissioner to briefly tell their background. Commissioner Yates asked about how the short-term vacation rental registration activities had been since the enactment of the ordinance. She said that she was interested in the outcome because the Commission had had a lengthy hearing on the matter. Mr. Kay responded that the County was about two years into the program, and that the staff could present the status either off-line or at a future meeting. Deputy Corporation Counsel Schlueter advised that that topic had to be agendized in order for the commissioners to ask questions and get information on. Chairman Vitousek asked the staff to place a status report on the short-term vacation rental program on a future meeting agenda. ADJOURNMENT There being no further business, it was moved by Commissioner DeFranco and seconded by Commissioner Yates that the meeting be adjourned. A voice vote was taken, and the motion carried with no one opposed. Chairman Vitousek adjourned the meeting at 10:43 a.m. Respectfully submitted, ATTEST: Noriko Sauer, Secretary Michael Vitousek, Chairman Leeward Planning Commission 4 Leeward Planning Commission August 19,2021,Meeting Minutes