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Home My WebLink About2021-09-16 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAII MINUTES SEPTEMBER 16, 2021 The Leeward Planning Commission met in regular session at 9:31 a.m., with Chairman Michael Vitousek presiding. Based on the Governor's Emergency Proclamation Related to the COVID-19 Response dated August 5, 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: 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), Jessica Andrews (Planner), Alex Roy (Planner, from 12:38 p.m.), and Noriko Sauer(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 as requested at the previous meeting, each commissioner briefly introduced themselves with their background and area of interest. Chairman Vitousek introduced Ex-officio Member Robyn Matsumoto representing the Department of Public Works and the County staff in attendance. APPROVAL OF MINUTES At 9:41 a.m. the Commission took up the minutes from the July 15, 2021, Joint Planning Commission 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 by unanimous vote of those present. The Commission also took up the minutes from the August 19, 2021, Leeward Planning Commission meeting. It was moved by Commissioner Kanuha and seconded by Commissioner DeFranco 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 9:42 a.m. Chairman Vitousek opened the floor for public testimony. He noted that the commissioners had received some written testimony on Agenda Item 1, KONA AERIAL 1 GYMNASTIC TEAM INC. (SPP 21-000227), and that there were also some public members who were registered to provide oral testimony. He called upon the testifiers, swore them in to tell the truth in their testimony and explained the procedure. At 9:43 a.m. nine individuals provided testimony regarding New Business Item 1, the application of KONA AERIAL GYMNASTIC TEAM INC. (SPP 21-000227). The testimony ended at 10:14 a.m. [SEE TESTIMONY TRANSCRIPT EXHIBIT AJ It was moved by Commissioner DeFranco and seconded by Commissioner Kanuha 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: KONA AERIAL GYMNASTIC TEAM INC. (SPP 21-000227) Application for a Special Permit to legitimize the operation of a youth gymnastic and sports fitness facility and related improvements on an approximately 2.3-acre portion of a larger 23.738-acre property in the State Land Use Agricultural District. The subject property is located at 75-476 Hualalai Road, approximately 700 feet east of its intersection with Queen Ka`ahumanu Highway, Wai`aha 1st, Puapua`anui 1st, North Kona, Hawaii, TMK: (3) 7-5-017:044 (por). The Commission took up this item at 10:14 a.m. It was moved by Commissioner Armbruster and seconded by Chairman Vitousek 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 by unanimous vote of those present. The Commission went into executive session at 11:41 a.m. and came out at 11:53 a.m. Chairman Vitousek called a short recess at 12:08 p.m. He called the hearing back to order at 12:14 p.m. Action: It was moved by Commissioner Armbruster and seconded by Commissioner Yates that the Commission defer its decision on the application until such time that the applicant has provided the engineering support requested by the Commission [i.e. reports from a structural engineer and a civil engineer determining whether the existing building and access driveway, respectively, are safe for the proposed use]. A roll call vote was taken, and the motion carried with five ayes (Armbruster, Yates, DeFranco, Kanuha, and Vitousek), and no noes. The hearing ended at 12:38 p.m. [SEE HEARING TRANSCRIPT EXHIBIT BJ 2 Leeward Planning Commission September 16,2021,Meeting Minutes UNFINISHED BUSINESS 2. APPLICANT: JEKATERINA MYSIN (SMA 21-000078) REGARDING CONTESTED CASE PROCEEDING: CLARIFICATION OF INTERVENOR CAPACITY GRANTED ON JUNE 16, 2021 Discussion and Clarification of the capacity in which standing was granted by the Commission to George Smith, as intervenor in the contested case proceeding. Specifically, whether George Smith was granted standing as an individual, or on behalf of the Ala Ka La Association of Apartment Owners. The Commission took up this item at 12:38 p.m. Action: It was moved by Commissioner Kanuha and seconded by Commissioner Yates that the Commission clarify that George Smith was granted standing in the contested case to represent the Ala Ka La Association of Apartment Owners. A roll call vote was taken, and the motion carried with five ayes (Armbruster, Yates, DeFranco, Kanuha, and Vitousek) and no noes. The discussion ended at 12:48 p.m. [SEE HEARING TRANSCRIPT EXHIBIT Q AGENDA ITEMS FOR NEXT MEETING At 12:48 p.m. Chairman Vitousek noted two items that were pending, namely, a series of presentations on topics such as infrastructure improvements and long-range planning by different entities and a report on the status of the short-term vacation rental program. He said that the staff were working on these items to possibly agendize them for the December 16, 2021, meeting; however, since heavy meeting agendas were anticipated in the next couple of months, they might be deferred until January or space became available. ANNOUNCEMENTS The Leeward Planning Commission's next monthly meeting is scheduled for Thursday, October 21, 2021 by interactive video conference via Zoom. At 12:49 p.m. Chairman Vitousek introduced this item and called upon staff to provide any updates or announcements. Ms. Jackson announced a nomination of Ms. Faylene Mahina Paishon-Duarte to the Commission, which had been forwarded from Mayor Mitchell Roth to the County Council. She informed the Commission of Ms. Paishon-Duarte's background by reading the mayor's nomination letter and said that the Council Committee on Planning was to consider her nomination at its September 21, 2021, meeting. ADJOURNMENT There being no further business, it was moved by Commissioner Yates and seconded by Commissioner Kanuha that the meeting be adjourned. A vote was taken by show of hands, and 3 Leeward Planning Commission September 16,2021,Meeting Minutes the motion carried by unanimous vote of those present. Chairman Vitousek adjourned the meeting at 12:52 p.m. Respectfully submitted, Noriko Sauer, Secretary ATTEST: Michael Vitousek, Chairman Leeward Planning Commission 4 Leeward Planning Commission September 16,2021,Meeting Minutes