HomeMy WebLinkAbout2022-03-03 Windward Planning Commission Minutes WINDWARD PLANNING COMMISSION
COUNTY OF HAWAII
MINUTES
MARCH 3, 2022
The Windward Planning Commission met in regular session at 9:08 a.m., with Chairman
Dean Au presiding. Pursuant to Act 220, Session Laws of Hawaii 2021, which amended the
Sunshine Law to allow meetings to be remotely conducted online, effective January 1, 2022, and
the Governor's Emergency Proclamation Related to COVID-19 (Omicron Variant) dated
January 26, 2022, this meeting was held online, with live stream video for the public to observe
the meeting and no in-person meeting site.
COMMISSIONERS PRESENT: Dean Au, Michelle Galimba, Joseph Clarkson, Wayne De Luz,
Dennis Lin, and John Replogle
ABSENT AND EXCUSED: Gilbert Aguinaldo
ALSO IN ATTENDANCE: Malia Kekai, 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), and Noriko Sauer
(Secretary to Boards and Commissions)
A quorum was present. Chairman Au called the meeting to order. He described the public
accessibility to this meeting and the protocol for the participants to follow.
Chairman Au called the roll of the Commissioners and introduced the staff.
APPROVAL OF MINUTES
At 9:11 a.m. the Commission took up the minutes of the February 3, 2022, Windward Planning
Commission meeting. No corrections were offered. It was moved by Commissioner Lin and
seconded by Commissioner Clarkson that the minutes be approved as submitted. Commissioner
De Luz abstained from a vote for the reason that he had not been present at that meeting. A roll
call vote was taken, and the motion carried with five ayes (Lin, Clarkson, Galimba, Replogle,
and Au), no noes, one abstention (De Luz), and one absent and excused (Aguinaldo).
STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS
At 9:13 a.m. Chairman Au confirmed with Ms. Jackson that there were no members of the public
who wished to provide verbal testimony.
It was moved by Commissioner Replogle and seconded by Commissioner Lin that public
testimony be closed. A vote was taken by show of hands, and the motion carried by unanimous
vote of those present.
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At this time Director Kern addressed his remarks to Commissioners Clarkson and Replogle who
were ending their membership terms as of this meeting. On behalf of the Planning Department
and the County of Hawaii, he expressed his appreciation for their diligent service to the
community. He noted that certificates of appreciation had been presented to them earlier.
Director Kern welcomed Commissioner De Luz, thanking him for his willingness to serve on the
Commission.
Chairman Au also thanked Commissioners Clarkson and Replogle for their years of service.
NEW BUSINESS
1. INITIATOR: PLANNING DIRECTOR (ELLIS JACOB HESTER TRUST)
(REZ 1052/PL-PDI-2021-000002)
The Planning Director has initiated the repeal of Change of Zone Ordinance No. 04 120 and
amendment to Section 25-8-28 (Ka`u District Zone Map), Chapter 25, Article 8, of the
Hawaii County Code 1983 (2016 edition, as amended), by reverting the current zoning of
the subject properties from Agricultural Project District(APD)to their original Agricultural
20-acres (A20-a) zoning district for 171.782 acres of land. The rezone area consisting of two
(2)parcels is located at 96-3090 Meyer Road, approximately 1.5 miles northwest(mauka) of
Hawaii Belt Road, Palima&Pa`auau, Ka`u, Hawaii, TMKs: (3) 9-6-005:108 & (3) 9-6-
006:004.
The Commission took up this item at 9:15 a.m.
Action: It was moved by Commissioner Replogle and seconded by Commissioner Lin that a
favorable recommendation be forwarded to the County Council to repeal Ordnance No. 04 120
and revert zoning back to Agricultural 20-acres based on the Planning Director's
recommendation. A roll call vote was taken, and the motion carried with six ayes (Replogle,
Lin, Clarkson, De Luz, Galimba, and Au), no noes, and one absent and excused (Aguinaldo).
This hearing ended at 9:26 a.m. [SEE HEARING TRANSCRIPT EXHIBIT AJ
PLANNING DIRECTOR'S REPORT
Report on Special Management Area (SMA) determinations, minor permits and
enforcement action issued by the Planning Director.
At 9:26 a.m. Chairman Au introduced this item. Ms. Jackson noted that the recent SMA logs
had been emailed to the Commissioners the day before. She offered to answer any questions
regarding those logs. There were no questions.
AGENDA ITEMS FOR NEXT MEETING
At 9:27 a.m. Chairman Au called upon staff to provide information on the next meeting.
Ms. Jackson said that the next meeting was scheduled for April 7, 2022, with tentatively one
SMA Major Permit application on the agenda.
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Windward Planning Commission
March 3,2022,Meeting Minutes
ANNOUNCEMENTS
The Windward Planning Commission's next monthly meeting is scheduled for Thursday,
April 7, 2022 by interactive video conference via Zoom and at the Aupuni Center
Conference Room.
Ms. Jackson said that with the Governor's proclamation expiring on March 25, 2022, and a lot of
COVID restrictions being repealed, it was likely that the April 7, 2022, meeting would be held
online in combination with an in-person location. Upon inquiry by Chairman Au, Ms. Jackson
said that for the April meeting she would anticipate the Commissioners to be attending remotely
via Zoom and public members to be participating in-person at the Aupuni Center Conference
Room, if they so wished, and that the technology to conduct such hybrid meetings was available
to staff but would require a test. She said that depending on the outcome of the test, staff would
work with the Commissioners to determine the best way for them to attend the meeting.
Ms. Jackson also announced that there were two individuals nominated to the Commission:
Lauren Balog replacing Commissioner Clarkson for the Hamakua-North Hilo seat and now
advancing to the County Council for confirmation, with a favorable recommendation from its
Committee on Planning, and Louis Daniele replacing Commissioner Replogle for the Ka`u seat
and now being sent to the Committee on Planning. She added that, if confirmed by the County
Council, Ms. Balog would attend the April meeting.
Chairman Au opened the floor to the outgoing Commissioners. Commissioner Clarkson
reflected his tenure of the membership, commending the staff for their support for the
Commission. Commissioner Replogle agreed with Commissioner Clarkson on staff's support
and thanked for the opportunity to serve the community.
ADJOURNMENT
There being no further business, it was moved by Commissioner Replogle and seconded by
Commissioner Lin that the meeting be adjourned. A vote was taken by show of hands, and the
motion carried by unanimous vote of those present. Chairman Au adjourned the meeting at
9:35 a.m.
Respectfully submitted,
Noriko Sauer
Secretary to Boards and Commissions
ATTEST:
Dean Au, Chairman
Windward Planning Commission
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Windward Planning Commission
March 3,2022,Meeting Minutes