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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. 1 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. 2 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 3 Windward Planning Commission March 3,2022,Meeting Minutes