HomeMy WebLinkAbout2021-11-18 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION
COUNTY OF HAWAII
MINUTES
NOVEMBER 18, 2021
The Leeward Planning Commission met in regular session at 9:32 a.m., with Chairman
Michael Vitousek presiding. Based on the Governor's Emergency Proclamation Related to the
State's COVID-19 Delta Response dated October 1, 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,
Mahina Paishon-Duarte, and Faith "Faye" Yates
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), Zendo Kern (Planning Director),
Maija Jackson (Planning Program Manager), Christian Kay (Planner), Jessica Andrews
(Planner), Tracie-Lee Camero (Planner), Eric Cook (Planner), 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. He announced resignation of
Commissioner Armbruster due to relocation and expressed his gratitude for her insightful
contribution as a member of the Commission. Director Kern also thanked her for her service and
presented a certificate of appreciation issued by Mayor Mitchell Roth.
Chairman Vitousek introduced the staff in attendance.
Chairman Vitousek announced that the Commission had received via Deputy Planning Director
Jeff Darrow a letter of request for a postponement from the applicant of Agenda Item 9, Kona
Aerial Gymnastic Team, and that he had granted the request to allow them more time to address
various concerns; therefore, the hearing was to be rescheduled for a future date. He noted that no
one from the public was registered to testify on this item today.
APPROVAL OF MINUTES
At 9:38 a.m. the Commission took up the minutes from the October 21, 2021, Leeward Planning
Commission meeting. No corrections were offered. 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.
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STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS
At 9:39 a.m. Chairman Vitousek opened the floor for public testimony. He noted that the
Commission had received a large amount of written testimony on today's agenda items. He
called upon the public members who were registered to testify, swore them in to tell the truth in
their testimony, and explained the procedure.
At 9:40 a.m. four individuals provided testimony regarding New Business Items 1 and 2, the
applications of KAUPULEHU LAND LLC (PL-SLU-2021-000001 and PL-REZ-2021-
000006). The testimony ended at 10:04 a.m. [SEE TESTIMONY TRANSCRIPT EXHIBIT AJ
At 10:04 a.m. eight individuals provided testimony regarding New Business Items 3 through 8,
the applications of WAIKOLOA LAND COMPANY (AMEND SMA 25, PL-SMA-2021-
000004, PL-REZ-2021-000005, PL-SMA-2021-000002, PL-SMA-2021-000003, and PL-
REZ-2021-000004). The testimony ended at 10:33 a.m. [SEE TESTIMONY TRANSCRIPT
EXHIBIT BJ
It was moved by Commissioner Yates and seconded by Commissioner DeFranco that public
testimony be closed. A vote was taken by show of hands, and the motion carried by unanimous
vote of those present.
NEW BUSINESS
1. APPLICANT: KAUPULEHU LAND LLC (PL-SLU-2021-000001)
Application for a State Land Use Boundary Amendment from Agricultural to Urban for
2.653 acres of land. The subject property is located at 64-983 Mamalahoa Highway,
approximately one mile east of its intersection with Kawaihae Road, Pu`ukapu Homesteads,
South Kohala, Hawaii, TMK: (3) 6-4-024:027.
2. APPLICANT: KAUPULEHU LAND LLC (PL-REZ-2021-000006)
Application for a Change of Zone from an Agricultural-5 acre (A-5a) zoning district to a
Neighborhood Commercial-10,000 square feet(CN-10) and Single-Family
Residential-10,000 square feet(RS-10) zoning district for 5.349 acres of land. The subject
property is located at 64-983 Mamalahoa Highway, approximately one mile east of its
intersection with Kawaihae Road, Pu`ukapu Homesteads, South Kohala, Hawaii, TMK:
(3) 6-4-024:027.
The Commission took up these two items simultaneously at 10:33 a.m.
At Director Kern's request, Chairman Vitousek called a short recess at 11:42 a.m. He called the
hearing back to order at 11:49 a.m.
At the request of the applicant's counsel, Chairman Vitousek called a short recess at 12:21 p.m.
He called the hearing back to order at 12:27 p.m.
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Leeward Planning Commission
November 18,2021,Meeting Minutes
Action on Item 1 (PL-SLU-2021-000001): Commissioner Yates made, and Commissioner
DeFranco seconded, a motion to defer a motion on the floor. Chairman Vitousek took a vote by
show of hands, and the motion carried by unanimous vote of those present. The deferred motion
is to forward a favorable recommendation to the County Council, made by Commissioner
DeFranco and seconded by Commissioner Armbruster.
Action on Item 2 (PL-REZ-2021-000006): It was moved by Commissioner Paishon-Duarte and
seconded by Commissioner Yates that the Commission defer this item. Chairman Vitousek took
a vote by show of hands, and the motion carried by unanimous vote of those present.
The hearing adj ourned at 12:41 p.m. [SEE HEARING TRANSCRIPT EXHIBIT CJ
Chairman Vitousek called a lunch recess at 12:41 p.m. He called the meeting back to order at
1:15 p.m.
3. APPLICANT: WAIKOLOA LAND COMPANY (AMEND SMA 25)
Request to amend Special Management Area Use Permit No. 25 to withdraw three (3)
non-contiguous land areas identified as "Area A", "Area B", and "Area C" comprising the
proposed Kumu Hou at Waikoloa project totaling approximately 182.9 acres from the land
area covered under SMA 25, which allowed the development of the Waikoloa Beach Resort
complex. The properties are located between the 75- and 76- mile markers on Queen
Ka`ahumanu Highway and west(makai) of the highway to the King's Highway Foot Trail,
`Anaeho`omalu and Waikoloa, South Kohala, Hawaii, TMKs: (3) 6-9-008:013 (por.), 021,
022, 025, 027 (por.), 028 (por.), 029 (por.), 031 (por.), and 033.
4. APPLICANT: WAIKOLOA LAND COMPANY (PL-SMA-2021-000004)
Application for a Special Management Area Use Permit to allow the development of 900
multi-family timeshare units, community support facilities, golf support facilities, public
parks and paths and related improvements within approximately 133.8 acres of land
identified as "Area B" and to allow the development of a new brackish water irrigation
source and distribution system to support the landscape irrigation needs of the project within
3.1 acres of land identified as "Area C" of the proposed Kumu Hou at Waikoloa project
situated within the Special Management Area. The properties are located between the 75- and
76-mile markers on Queen Ka`ahumanu Highway and west(makai) of the highway to the
King's Highway Foot Trail, `Anaeho`omalu and Waikoloa, South Kohala, Hawaii,
TMKs: (3) 6-9-008:013 (por.), 022, 025, 028 (por.), 029 (por.), and 033.
5. APPLICANT: WAIKOLOA LAND COMPANY (PL-REZ-2021-000005)
Application for a Change of Zone from an Open, Multiple-Family Residential-4,000 square
feet(RM-4), Multiple-Family Residential-6,000 square feet(RM-6), Multiple-Family
Residential-8,000 square feet(RM-8) and Village Commercial-10,000 square feet(CV-10)
zoning districts to a Project District zoning district for 133.822 acres of land identified as
"Area B" of the proposed Kumu Hou at Waikoloa project. The properties are located
between the 75- and 76-mile markers on Queen Ka`ahumanu Highway and west(makai) of
the highway to the King's Highway Foot Trail, `Anaeho`omalu and Waikoloa, South Kohala,
Hawaii, TMKs: (3) 6-9-008:013 (por.), 022, 025, 029 (por.), and 033.
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November 18,2021,Meeting Minutes
6. APPLICANT: WAIKOLOA LAND COMPANY (PL-SMA-2021-000002)
Application for a Special Management Area Use Permit for to allow the development of 264
multi-family timeshare units and related improvements within an approximately 38.6-acre
portion of"Area A" of the proposed Kumu Hou at Waikoloa project situated within the
Special Management Area. The properties are located between the 75- and 76- mile markers
on Queen Ka`ahumanu Highway and west(makai) of the highway to the King's Highway
Foot Trail, `Anaeho`omalu and Waikoloa, South Kohala, Hawaii, TMKs: (3) 6-9-008:021,
027 (por.), 028 (por.), and 031 (por.).
7. APPLICANT: WAIKOLOA LAND COMPANY (PL-SMA-2021-000003)
Application for a Special Management Area Use Permit for to allow the development of 25
single-family residential lots and related infrastructure within a portion of land within an
approximately 7.3-acre portion of"Area A" of the Kumu Hou at Waikoloa project situated
within the Special Management Area. The properties are located between the 75- and 76-mile
markers on Queen Ka`ahumanu Highway and west(makai) of the highway to the King's
Highway Foot Trail, `Anaeho`omalu and Waikoloa, South Kohala, Hawaii,
TMKs: (3) 6-9-008:021 and 028 (por.).
8. APPLICANT: WAIKOLOA LAND COMPANY (PL-REZ-2021-000004)
Application for a Change of Zone from an Open and Multiple-Family Residential 8,000
square feet(RM-8) zoning districts to Multiple-Family Residential 6,000 square feet(RM-6)
and Single-Family Residential-10,000 square feet(RS-10) zoning districts for 45.932 acres
of land identified as "Area A" of the proposed Kumu Hou at Waikoloa project. The
properties are located between the 75- and 76- mile markers on Queen Ka`ahumanu Highway
and west(makai) of the highway to the King's Highway Foot Trail, `Anaeho`omalu and
Waikoloa, South Kohala, Hawaii, TMKs: (3) 6-9-008:021, 027 (por.), 028 (por.), and 031
(por.).
The Commission took up these six items simultaneously at 1:15 p.m.
Commissioner Armbruster disclosed that one of the applicant's tenants was her previous client
who was not involved with the properties in question. She stated that she would be able to
remain fair and impartial in this process. No objection was raised to her participation.
Chairman Vitousek also made a disclosure that the Planning Department background report
included correspondence from the Department to his father who had then been serving as legal
counsel for a third parry that had been looking into buying a portion of the subject property. He
stated that his father had not represented the applicant in any way, and that the connection would
not prevent him from being fair and impartial. No objection was raised to his participation.
Commissioner Paishon-Duarte also disclosed that her uncle was the principal architect of one of
the architect firms for the initial development in the late 1990's and early 2000's, for whom she
had worked while in college. She stated that she had not worked for him since, and that she
would be able to make objective decisions on this topic. No objection was raised to her
participation.
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Leeward Planning Commission
November 18,2021,Meeting Minutes
Chairman Vitousek called a short recess at 2:52 p.m. He called the hearing back to order at
2:58 p.m.
Action on Item 4 (PL-SMA-2021-000004): It was moved by Commissioner DeFranco and
seconded by Commissioner Armbruster that the Commission approve the application for a
Special Management Area Use Permit, Docket No. PL-SMA-2021-000004, based on the
Planning Director's recommendation. Commissioner DeFranco moved to amend her motion to
include an amendment to Condition No. 5 as discussed. Commissioner Armbruster seconded the
subsidiary motion. A roll call vote was taken, and the subsidiary motion carried with five ayes
(DeFranco, Armbruster, Paishon-Duarte, Yates, and Vitousek), no noes, and one absent and
excused (Kanuha). Commissioner DeFranco withdrew her main motion, as amended. It was
moved by Commissioner Paishon-Duarte and seconded by Commissioner Yates that the
Commission defer this item. Chairman Vitousek took a vote by show of hands, and the motion
carried by unanimous vote of those present.
Collective action on Item 3 (AMEND SMA 25), Item 5 (PL-REZ-2021-000005), Item 6(PL-
SMA-2021-000002), Item 7 (PL-SMA-2021-000003), and Item 8 (PL-REZ-2021-000004): It
was moved by Commissioner Paishon-Duarte and seconded by Commissioner Yates that the
Commission defer these items. Chairman Vitousek took a vote by show of hands, and the
motion carried by unanimous vote of those present.
Chairman Vitousek confirmed that the deferral was to the Commission's December 16, 2021,
meeting as requested by the applicant's representatives.
The hearing adjourned at 4:59 p.m. [SEE HEARING TRANSCRIPT EXHIBIT DJ
UNFINISHED BUSINESS
9. 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).
Chairman Vitousek announced earlier that he had granted the applicant's request for a
postponement until an unspecified date.
AGENDA ITEMS FOR NEXT MEETING
At 4:49 p.m. Chairman Vitousek asked if there were any matters that the commissioners wished
to agendize in addition to the two pending matters, i.e. a series of presentations on various topics,
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November 18,2021,Meeting Minutes
such as infrastructure improvements and long-range planning, by different entities and a report
on the status of the short-term vacation rental program. There were no requests.
ANNOUNCEMENTS
The Leeward Planning Commission's next monthly meeting is scheduled for Thursday,
December 16, 2021 by interactive video conference via Zoom.
At 5:00 p.m. Chairman Vitousek called upon staff to provide any updates or announcements.
Ms. Jackson said that there were currently five items on the upcoming December meeting agenda
in addition to the Waikoloa Land Company hearing that was deferred today. In referring to the
two pending items requested by the Commission, she said that the presentation on long-range
planning would be postponed until January, and that the staff was hoping to present the update
on the short-term vacation rental program in January as well. She also said that there were
tentatively five items, including the continued Kaupulehu Land LLC hearing, on the January
meeting agenda.
Upon inquiry by Chairman Vitousek, Ms. Jackson confirmed that with Commissioner
Armbruster's resignation there were two vacancies on the Commission. Director Kern said that
the effort to fill those seats was underway.
Ms. Jackson asked Director Kern to log off due to a conflict of interest and gave the Commission
an update on the Jekaterina Mysin contested case (SMA-21-000078). She said that because of
the number of parties involved, it had been difficult coordinating everybody's schedule to get
into a mediation; however, she anticipated the mediation occurring in December or January and
the report on the outcome taking place in January or February.
ADJOURNMENT
There being no further business, it was moved by Commissioner Yates and seconded by
Commissioner Paishon-Duarte that the meeting be adjourned. A vote was taken by show of
hands, and the motion carried by unanimous vote of those present. Chairman Vitousek
adjourned the meeting at 5:05 p.m.
Respectfully submitted,
Noriko Sauer, Secretary
ATTEST:
Michael Vitousek, Chairman
Leeward Planning Commission
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Leeward Planning Commission
November 18,2021,Meeting Minutes