HomeMy WebLinkAbout2021-12-16 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION
COUNTY OF HAWAII
MINUTES
DECEMBER 16, 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, Barbara DeFranco,
Clement"CJ" Kanuha III, Mahina Paishon-Duarte, and Faith"Faye" Yates
EX-OFFICIO MEMBER PRESENT: Robyn Matsumoto (Department of Public Works,
Engineering Division—for Item No. 10)
ALSO IN ATTENDANCE: Dalilah Schlueter, Esq. (Counsel for the Commission),
Jean Campbell, Esq. (Counsel for the Planning Department), Zendo Kern (Planning Director—
away from 1:03 p.m. until 3:27 p.m.), Jeffrey Darrow (Deputy Planning Director—from
1:03 p.m. until 3:45 p.m.), 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 and introduced the staff.
Chairman Vitousek announced that the Commission had received a letter of withdrawal from the
applicant's representative for Agenda Item 11, ALEXA BOYER (PL-REZ-2021-000010);
therefore, this item was off the agenda. He said that the letter dated November 29, 2021, had
been received via Deputy Planning Director Darrow.
APPROVAL OF MINUTES
At 9:41 a.m. the Commission took up the minutes of the November 18, 2021, Leeward Planning
Commission meeting. No corrections were offered. It was moved by Commissioner DeFranco
and seconded by Commissioner Paishon-Duarte 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 called upon the
public members who were registered to testify, swore them in to tell the truth in their testimony,
and explained the procedure.
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At 9:44 a.m. four individuals provided testimony regarding Unfinished Business Items 1
through 6, 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 9:57 a.m. [SEE TESTIMONY
TRANSCRIPT EXHIBIT AJ
At 9:57 a.m. one individual provided testimony regarding New Business Item 7, the application
of RACHELLE ONAKA (PL-SPP-2021-000003). The testimony ended at 10:01 a.m. [SEE
TESTIMONY TRANSCRIPT EXHIBIT BJ
At 10:01 a.m. two individuals provided testimony regarding New Business Item 10, the
application of DWAYNE CRAVALHO (REZ 21-000248). The testimony ended at 10:07 a.m.
[SEE TESTIMONY TRANSCRIPT EXHIBIT CJ
It was moved by Commissioner DeFranco and seconded by Commissioner Kanuha that public
testimony be closed. A vote was taken by show of hands, and the motion carried by unanimous
vote of those present.
UNFINISHED BUSINESS
1. APPLICANT: WAIKOLOA LAND COMPANY (AMEND SMA 25)
Application 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.
2. 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.
3. 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
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December 16,2021,Meeting Minutes
"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.
4. 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.).
5. 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.).
6. 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 10:07 a.m. Commissioner Kanuha
who had been absent from the previous hearing, stated that he had reviewed all the records and
was ready to participate in this continued hearing.
Chairman Vitousek called a recess at 11:18 a.m. He called the hearing back to order at
11:28 a.m.
Action on Item 2 (PL-SMA-2021-000004): It was moved by Commissioner DeFranco and
seconded by Commissioner Yates that the Commission approve the application based on the
Planning Director's recommendation. Chairman Vitousek moved to amend the motion to
incorporate two amendments regarding time extensions and public access plan update as
discussed. Commissioner DeFranco seconded the subsidiary motion. A roll call vote was taken,
and the subsidiary motion carried with five ayes (Vitousek, DeFranco, Kanuha, Paishon-Duarte,
and Yates) and no noes. A roll call vote on the main motion as amended was taken, and the
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Leeward Planning Commission
December 16,2021,Meeting Minutes
motion carried with five ayes (DeFranco, Yates, Kanuha, Paishon-Duarte, and Vitousek) and no
noes.
Action on Item 3 (PL-REZ-2021-000005): It was moved by Commissioner DeFranco and
seconded by Commissioner Kanuha that the Commission forward a favorable recommendation
to the County Council based on the Planning Director's recommendation. Chairman Vitousek
moved to amend the motion to incorporate two amendments regarding the connector road to the
adjacent resort to the north and the affordable housing component as discussed. Commissioner
Yates seconded the subsidiary motion. A roll call vote was taken, and the subsidiary motion
carried with five ayes (Vitousek, Yates, DeFranco, Kanuha, and Paishon-Duarte) and no noes. A
roll call vote on the main motion as amended was taken, and the motion carried with five ayes
(DeFranco, Kanuha, Paishon-Duarte, Yates, and Vitousek) and no noes.
Action on Item 4 (PL-SMA-2021-000002): It was moved by Commissioner DeFranco and
seconded by Commissioner Kanuha that the Commission approve the application based on the
Planning Director's recommendation. Chairman Vitousek moved to amend the motion to
incorporate an amendment regarding public access plan update as discussed. Commissioner
Paishon-Duarte seconded the subsidiary motion. A roll call vote was taken, and the subsidiary
motion carried with five ayes (Vitousek, Paishon-Duarte, DeFranco, 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, Paishon-Duarte, Yates, and Vitousek) and no noes.
Action on Item 5 (PL-SMA-2021-000003): It was moved by Commissioner DeFranco and
seconded by Commissioner Paishon-Duarte that the Commission approve the application based
on the Planning Director's recommendation, with an amendment regarding public access plan
update. A roll call vote was taken, and the motion carried with five ayes (DeFranco,
Paishon-Duarte, Kanuha, Yates, and Vitousek) and no noes.
Action on Item 6(PL-REZ-2021-000004): It was moved by Commissioner DeFranco and
seconded by Commissioner Kanuha that the Commission forward a favorable recommendation
to the County Council based on the Planning Director's recommendation, with two amendments
regarding the connector road to the adjacent resort to the north and the open space ratio. A roll
call vote was taken, and the motion carried with five ayes (DeFranco, Kanuha, Paishon-Duarte,
Yates, and Vitousek) and no noes.
Action on Item 1 (AMEND SMA 25): It was moved by Commissioner DeFranco and seconded
by Commissioner Paishon-Duarte that the Commission approve the application based on the
Planning Director's recommendation. Chairman Vitousek clarified that the Planning Director's
recommendation included removal of the requirements to build two more golf courses. A roll
call vote was taken, and the motion carried with five ayes (DeFranco, Paishon-Duarte, Kanuha,
Yates, and Vitousek) and no noes.
The hearing on these items ended at 12:22 p.m. [SEE HEARING TRANSCRIPT EXHIBIT DJ
Chairman Vitousek called a lunch recess at 12:22 p.m. He called the meeting back to order at
1:03 p.m.
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December 16,2021,Meeting Minutes
NEW BUSINESS
7. APPLICANT: RACHELLE ONAKA (PL-SPP-2021-000003)
Application for a Special Permit to establish a three-bedroom bed and breakfast
establishment within an existing single-family dwelling and an adjoining guest house on
1.312 acres of land situated within the State Land Use Agricultural District. The subject
property is located at 76-3724 Duarte Road, approximately 410 feet from its intersection with
Mamalahoa Highway, H6lualoa I" & 2nd Partition Lots Mauka, H61ualoa, Hawaii,
TMK: (3) 7-6-005:017.
At 1:03 p.m. Chairman Vitousek introduced this item; however, due to a connectivity issue, the
applicant requested her item to be taken up after the next item.
8. APPLICANT: WEST HAWAII BUSINESS PARK LLC (AMEND REZ 1049)
Application to amend Condition J(Kamanu Street construction timing) of Ordinance No.
18 115 to delete language related to alternative financing for and phasing of the construction
of Kamanu Street extension and adding reference to new conditions (Condition N and
Condition O) as exceptions to the requirement to complete construction of Kamanu Street
prior to Certificate of Occupancy. The applicant further requests to amend Ordinance
No. 18 115 to add new Condition N (roadway /driveway requirements related to the
development of TMK 7-4-008:078) and new Condition O (ownership transfer and
development of TMK 7-4-008:090). The subject properties are located along the east
(mauka) side of Queen Ka`ahumanu Highway (State Highway 19), Honok6hau I"and 2nd
North Kona, Hawaii, TMKs (3) 7-4-008:013, 030, 074, 076-78 inclusive, 084, 085 and
090-100.
The Commission took up this item out of order at 1:05 p.m.
Action: It was moved by Commissioner DeFranco and seconded by Commissioner Kanuha that
a favorable recommendation be forwarded to the County Council based on the Planning
Director's recommendation, with the additional requirements that Kamanu Street be completed
prior to final subdivision approval should Parcel 77 be further subdivided, and that the access
driveway traversing Parcel 77 be available for public use during business hours. A roll call vote
was taken, and the motion carried with four ayes (DeFranco, Kanuha, Paishon-Duarte, and
Vitousek), no noes, and one abstention (Yates).
This item ended at 2:06 p.m. [SEE HEARING TRANSCRIPT EXHIBIT EJ
7. APPLICANT: RACHELLE ONAKA (PL-SPP-2021-000003)
Application for a Special Permit to establish a three-bedroom bed and breakfast
establishment within an existing single-family dwelling and an adjoining guest house on
1.312 acres of land situated within the State Land Use Agricultural District. The subject
property is located at 76-3724 Duarte Road, approximately 410 feet from its intersection with
Mamalahoa Highway, H6lualoa I" & 2nd Partition Lots Mauka, H61ualoa, Hawaii,
TMK: (3) 7-6-005:017.
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December 16,2021,Meeting Minutes
The Commission took up this item at 2:06 p.m. Commissioner Paishon-Duarte recused herself
due to her relationship to the applicant.
Action: It was moved by Commissioner DeFranco and seconded by Commissioner Yates that
the Commission approve this application based on the Planning Director's recommendation. A
roll call vote was taken, and the motion carried with four ayes (DeFranco, Yates, Kanuha, and
Vitousek) and no noes.
This item ended at 2:24 p.m. [SEE HEARING TRANSCRIPT EXHIBIT FJ
9. APPLICANT: LILI`UOKALANI TRUST (PL-SPP-2021-000004)
Application for a Special Permit to establish a cultural academy and retreat facility within an
existing ranch house and barn and related improvements, including overnight
accommodations, programmed activities and special events on 5.362 acres of land situated
with the State Land Use Agricultural District. The subject property is located at 64-5122
Pu`u Manu Place, approximately 1,560 feet from its intersection with Mamalahoa Highway,
Pu`ukapu Homesteads, 2nd series, Waimea, Hawaii, TMK: (3) 6-4-018:095.
The Commission took up this item at 2:24 p.m.
Action: It was moved by Commissioner Paishon-Duarte and seconded by Commissioner Kanuha
that the Commission approve this application based on the Planning Director's recommendation.
A roll call vote was taken, and the motion carried with five ayes (Paishon-Duarte, Kanuha,
DeFranco, Yates, and Vitousek) and no noes.
This item ended at 2:44 p.m. [SEE HEARING TRANSCRIPT EXHIBIT GJ
10. APPLICANT: DWAYNE CRAVALHO (REZ 21-000248)
Application for a Change of Zone from an Agricultural-20 acres (A-20a) to a Village
Commercial-7,500 square feet(CV-7.5) zoning district for approximately 7,544 square feet
of land. The subject property is located at 55-479 Hoea Road, at the northeast corner of the
Hoea Road/Akoni Pule Highway intersection, Ka`auhuhu, North Kohala, Hawaii,
TMK: 5-5-009:019.
The Commission took up this item at 2:44 p.m.
Action: It was moved by Commissioner DeFranco and seconded by Commissioner Kanuha that
the Commission defer action and give the applicant the opportunity to come back with a clearer
plan. It was agreed that the Commission would defer it until such time that the applicant is ready
to proceed. A roll call vote was taken, and the motion carried with five ayes (DeFranco, Kanuha,
Paishon-Duarte, Yates, and Vitousek) and no noes.
The hearing was adjourned at 3:45 p.m. [SEE HEARING TRANSCRIPT EXHIBIT HJ
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Leeward Planning Commission
December 16,2021,Meeting Minutes
It. APPLICANT: ALEXA BOYER (PL-REZ-2021-000010)
Application for a Change of Zone from a Double-Family Residential (RD-3.75) to a Village
Commercial (CV-10) zoning district for 15,274 square feet of land. The subject property is
located at 76-6175 Alii Drive, approximately 850 feet north of its intersection with Royal
Poinciana Drive, H6lualoa I" & 2nd (Beach Section), North Kona, Hawaii,
TMK: (3) 7-6-017:049.
Chairman Vitousek repeated the earlier announcement that the applicant had withdrawn this
application.
PLANNING DIRECTOR'S REPORT
Report on Special Management Area (SMA) determinations, minor permits and
enforcement action issued by the Planning Director between July and November 2021.
Chairman Vitousek announced this item at 3:45 p.m. Ms. Jackson asked if the Commissioners
had any questions on the report that had been sent to them earlier. There were no questions.
ELECTION OF OFFICERS FOR 2022
At 3:46 p.m. Chairman Vitousek opened the floor for nomination for chairperson.
Commissioner DeFranco nominated Chairman Vitousek There were no other nominations, and
Chairman Vitousek accepted his nomination. A vote was taken by show of hands, and it was
approved unanimously for Chairman Vitousek to continue as the chairperson.
Chairman Vitousek opened the floor for nomination for vice chairperson. He nominated Vice
Chair DeFranco. There were no other nominations, and Commissioner DeFranco accepted her
nomination. A vote was taken by show of hands, and it was approved unanimously for Vice
Chair DeFranco to continue as the vice chairperson.
AGENDA ITEMS FOR NEXT MEETING
At 3:47 p.m. Chairman Vitousek introduced this item and confirmed with Ms. Jackson that the
two pending matters, namely a presentation on long-range infrastructure planning and a report on
the short-term vacation program, were going to be placed on the January meeting agenda.
Chairman Vitousek asked if the Planning Department would be willing to reach out to the Mauna
Lani Resort with a request for an update on the status of compliance with their condition to
connect to their neighboring Waikoloa Beach Resort[The matter offuture connector road had
been discussed earlier with the Waikoloa Beach Resort representative during the hearing on
Agenda Items I through 6]. Ms. Jackson responded with two options: the Planning Director can
send a letter to the Mauna Lani Resort as a normal compliance issue and provide the
Commission with their response, and based on their response the Commission can decide
whether or not to agendize the matter; or the Commission can simply ask them to provide the
information directly to the Commission. The consensus among the Commissioners was that the
Mauna Lani Resort should also be held responsible for their part, and that hopefully the two
resorts could coordinate the connector road project with the Waikoloa Beach Resort's Kumu
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Leeward Planning Commission
December 16,2021,Meeting Minutes
Hou timeline. Chairman Vitousek stated that once the Commission received the response from
the Mauna Lani Resort, the matter could be placed on a future agenda with their presence, if
necessary.
Commissioner DeFranco asked if the County's new electronic data system was capable of
alerting the department, if the timeline attached to a permit was not met. Director Kern
responded that the original design of the system did not have that particular component built in
it; however, the department was currently re-designing the system, and although there were
challenges with the latitude they have within the system, they were currently working on having
permit conditions in the system so that the notice would be available not only to the department
staff, but also to the applicants and the public.
ANNOUNCEMENTS
The Leeward Planning Commission's next monthly meeting is scheduled for Thursday,
January 20, 2022 by interactive video conference via Zoom.
At 3:52 p.m. Chairman Vitousek called upon staff to provide any updates or announcements.
Ms. Jackson said that there were currently four items on the next meeting agenda in addition to
the presentations by staff. She said that under the amended Sunshine Law effective January 1,
2022, the Commission's meeting format would be modified where the meeting would still be
held on Zoom but with a physical meeting room at the West Hawaii Civic Center provided for
the public to testify from, and that Deputy Corporation Counsel Schlueter would present the
Sunshine Law updates the first thing on the agenda. Director Kern commented that the goal,
however, was to get back to in-person meetings.
ADJOURNMENT
There being no further business, it was moved by Commissioner DeFranco and seconded by
Commissioner Yates 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 3:54 p.m.
Respectfully submitted,
Noriko Sauer, Secretary
ATTEST:
Michael Vitousek, Chairman
Leeward Planning Commission
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Leeward Planning Commission
December 16,2021,Meeting Minutes