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HomeMy WebLinkAbout2022-01-06 Windward Planning Commission Minutes WINDWARD PLANNING COMMISSION COUNTY OF HAWAI`I MINUTES JANUARY 6, 2022 The Windward Planning Commission met in regular session at 9:02 a.m., with Chairman Dean Au presiding. Based on the Governor's Emergency Proclamation Related to Sunshine Law In- Person Meetings dated December 29, 2021, the requirement to have at least one in-person meeting location has been suspended through February 28, 2022. This meeting was held online, with live streaming for the public to observe the meeting. COMMISSIONERS PRESENT: Dean Au, Gilbert Aguinaldo (Recused and Excused at 10:36 a.m.), Joseph Clarkson, Michelle Galimba, Dennis Lin, Thomas Raffipiy, John Replogle EX-OFFICIO MEMBER PRESENT: Robyn Matsumoto (Department of Public Works, Engineering Division) ALSO IN ATTENDANCE: Jeffrey Darrow (Deputy Planning Director), Malia Kekai (Deputy Corporation Counsel for the Windward Planning Commission), Jean Campbell (Deputy Corporation Counsel for the Planning Department), Christian Kay (Planner), Alex Roy (Temporarily Assigned Planning Program Manager), and Melissa Dacayanan-Salvador (Windward Planning Commission Secretary) Secretary's Notes: Throughout the meeting, there were some technical and/or internet difficulties which made the speaker inaudible. Please note that the notation "—"in these Minutes and the Exhibit Transcripts means that there were technical and/or internet difficulties which made the conversation inaudible. A quorum was present. Chairman Au called the meeting to order. He explained the procedure and protocol for this online meeting and live public testimony. He introduced the Commissioners and staff who were in virtual attendance. STATE SUNSHINE LAW CHANGE UPDATE BY CORPORATION COUNSEL At 9:05 a.m. a presentation was given by Deputy Corporation Counsel Malia Kekai on the change in the State Sunshine Law. She reiterated the Governor's Proclamation suspended the new law requirement which was supposed to take in effect as of January 1, 2022. It was mentioned if anyone was interested in the specific portion of the law it is in the Hawaii Revised States 92-3.7. She stated there are three (3) options to hold public meetings. The first option is all in person meeting and everybody could come to participate in person. The second option is a multi-site meeting or multi-public site meeting kind of how the County Council holds their meetings and the third option is holding the meetings with remote technologies. Deputy Corporation Counsel Kekai stated these requirements will take in effect after February, unless the Governor's Proclamation is again extended. Page 1 of 5 Windward Planning Commission January 6,2022 Minutes She went over some basic requirements for the Commissioners. All Commissioners are required to be visible and audible. Although it is already done and will need to be continued as a requirement the Chair will announce all participating Commissioners who will be present at the meeting. Commissioners must announce if there is anybody else present at their remote location. If the Commission is in executive session again it must be announced that there are no unauthorized people and there should not be anyone in your room or within hearing distance. Roll call votes are required unless the vote is unanimous for example, if you anticipate that no one will abstain from adopting the minutes from a previous meeting, a voice vote can occur instead of a roll call vote. It was advised that a roll call vote on actions of the actual permit or applications is necessary. Deputy Corporation Counsel Kekai also stated the law requires to have one location open to the public and should video connectivity be lost; the meeting will automatically be recessed for up to 30 minutes. This also applies if connectivity is lost with the Commissioners if quorum is dropped automatically the meeting is recessed until quorum and connectivity is back. If connectivity issues cannot be fixed within 30 minutes, the meeting should either be terminated, or it would have to be noticed in the agenda when the meeting would continue. If there is no mentioned as to what will happen, the meeting will terminate, and a new notice would be posted for a meeting at a later date. APPROVAL OF MINUTES At 9:11 a.m. it was moved by Commissioner Galimba and seconded by Commissioner Clarkson that the minutes of the December 2, 2021, be approved. A voice vote was taken, and the motion carried with all in favor and no votes against. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS Chairman Au called upon the testifier, swore the individual in to tell the truth in their testimony and explained the procedure. At 9:13 a.m. an individual provided testimony regarding the PLANNING DIRECTOR'S REPORT on Special Management Area(SMA) determinations, minor permits and enforcement action issued by the Planning Director between July and December 2021. The testimony ended at 9:21 a.m. [SEE TESTIMONY TRANSCRIPT EXHIBIT A] It was moved by Commissioner Lin and seconded by Commissioner Aguinaldo that public testimony be closed. There being no discussion on the motion, a voice vote was taken, and the motion carried by unanimous vote of those present. Commissioner Clarkson asked whether there was a response from the Planning Department to the testifier concerns. Deputy Director Jeff Darrow indicated that he discussed the issues in great detail with the testifier in person the day prior and that resolution to the testifiers issues has been ongoing. Furthermore, Mr. Darrow indicated that the Department has been working with the applicants to obtain additional information, however, receipt of the information has been delayed due to the change in representation. Page 2 of 5 Windward Planning Commission January 6,2022 Minutes NEW BUSINESS 1. APPLICANT: JOHN HEWETT & PATRINA NIU-HEWETT (PL-SPP-2021-000005) Application for a Special Permit for the operation of a self-storage and mailing service facility and related improvements on an approximately 1.64-acre property in the State Land Use Agricultural District. The subject property is located at 16-308 `Ainaloa Boulevard in the Orchid Land Estates Subdivision, approximately 1 mile southwest of its intersection with Kea`au-Pahoa Road, or Highway 130, directly across from the `Ainaloa Longhouse complex, Orchidland Estates Subdivision, Kea`au, Hawaii, TMK: (3) 1-6-008:328. The Commission took this item up at 9:25 a.m. It was moved by Commissioner Galimba and seconded by Commissioner Lin that the application for Special Permit Docket No. 2021-005 be denied. A roll call vote was taken, and the motion carried with six (6) ayes (Galimba, Lin, Aguinaldo, Clarkson, Raffipiy, Replogle) and one (1) no (Au). It was moved by Commissioner Raffipiy and seconded by Commissioner Aguinaldo that the adoption of the written Findings of Facts, Conclusions of Law, and Decision and Order be continued to the next scheduled meeting for the denial of Special Permit Docket No. 2021-005. A roll call vote was taken, and motion carried with seven (7) ayes (Raffipiy, Aguinaldo, Clarkson, Galimba, Lin, Replogle, Au). The hearing item ended at 10:35 a.m. [SEE HEARING TRANSCRIPT EXHIBIT B] At 10:36 a.m. Commissioner Aguinaldo stated the next agenda item pertains to his family. Therefore, he would be recusing himself as a Commissioner and asked to be excused from deliberation on that particular item. Chairman An called for a recess at 10:37 a.m. and called the meeting back to order at 10:48 a.m. 2. AGUINALDO 4, LLC (PL-REZ-2021-000008) Application for a Change of Zone from a Single-Family Residential (RS-10) zoning district to a Village Commercial-20,000 square feet(CV-20) zoning district for 1.545 acres of land. The subject property is located at 15-3070 Pahoa-Kapoho Road, on the southeast corner of its intersection with Pahoa-Kalapana Road (Highway 130), across from Pahoa High School at Kaniahiku Homesteads, Puna, Hawaii, TMK: 1-5-003:037. The Commission took this item up at 10:48 a.m. Action: It was moved by Commissioner Lin and seconded by Commissioner Clarkson that a favorable recommendation be forwarded to the County Council on the application for a Change of Zone Docket No. REZ 2021-008, based on the Planning Director's recommendation and amendments to Condition K, which shall be adopted. A roll call vote was taken, and the motion carried with six (6) ayes (Lin, Clarkson, Galimba, Raffipiy, Replogle, Au). Page 3 of 5 Windward Planning Commission January 6,2022 Minutes The hearing item ended at 11:53 a.m. [SEE HEARING TRANSCRIPT EXHIBIT Q PLANNING DIRECTOR'S REPORT Report on Special Management Area(SMA) determinations, minor permits and enforcement action issued by the Planning Director between July and December 2021. The Commission took this time up at 11:53 a.m. Chair Au stated there was one testifier who brought up some issues. Commissioner Clarkson noticed in some cases wells are exempt and in other cases a minor permit is issued, and a clarification was asked of staff. Temporarily Assigned Planning Program Manager Alex Roy explained that a well is considered as an accessory structured to a single-family residence, thus if a single-family residence exists on the property, then the well is an exempt action. However, if the well is the only development proposed for the property, it is not considered accessory and therefore, would require a minor permit. AGENDA ITEMS FOR NEXT MEETING At 11:55 a.m. Chairman Au asked staff how many agenda items are on the next meeting agenda. Temporary Assignment Program Manager Alex Roy said there are two (2) agenda items but one (1)project, apresentation by the Long-Range Division and also the Decision and Order for the Special Permit for John Hewett and Patrina Hewett. Planner Christian Kay clarified that Mr. Roy incorrectly indicated items to be heard on the next Leeward Planning Commission hearing. Mr. Kay continued to indicate that the next Windward Planning Commission hearing would include a rezoning application in South Hilo, a Planning Director Initiated reversion of zoning in Ka`u, and the consideration and adoption of the draft Findings of Fact, Conclusions of Law, Decision and Order for denial of the Hewett Special Permit heard today. ANNOUNCEMENTS At 11:56 a.m. Chairman Au said the next Windward Planning Commission's monthly meeting will be scheduled for Thursday, February 3, 2022, under the current Governor's Proclamation and it will be held interactive video conference via Zoom. ADJOURNMENT There being no further business, it was moved by Commissioner Lin and seconded by Commissioner Galimba that the meeting be adjourned. A voice vote was taken, and the motion carried by unanimous vote of those present. Chairman Au adjourned the meeting at 11:56 a.m. Page 4 of 5 Windward Planning Commission January 6,2022 Minutes Respectfully submitted, Melissa Dacayanan-Salvador, Secretary ATTEST: Dean Au, Chairman Windward Planning Commission Page 5 of 5 Windward Planning Commission January 6,2022 Minutes