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HomeMy WebLinkAbout2022-04-21 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAII MINUTES APRIL 21, 2022 The Leeward Planning Commission met in regular session at 9:41 a.m., with Chairman Michael Vitousek presiding. Pursuant to Act 220, Session Laws of Hawaii 2021, which amended the Sunshine Law to allow meetings to be remotely conducted online, this meeting was held online and streamed live, with the West Hawaii Civic Center, Community Center, Building G, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii, as the in-person meeting site. COMMISSIONERS PRESENT: Michael Vitousek, Barbara DeFranco (from 11:21 a.m.), Michael Dela Cruz, Clement"CJ" Kanuha III(excused from 10:23 a.m. to 10:58 a.m.), Zaheva Knowles, Mahina Paishon-Duarte, and Faith "Faye" Yates (until 11:32 a.m.) EX-OFFICIO MEMBER: Robyn Matsumoto (Department of Public Works) 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), Jessica Andrews (Planner), Tracie-Lee Camero (Planner), Christian Kay (Planner), and Noriko Sauer (Commission Secretary) A quorum was present, and Chairman Vitousek called the meeting to order. He described the public accessibility to this meeting and the protocol for the participants to follow. He called the roll of the Commissioners and asked them to disclose whether or not there was anyone with or near them at their remote locations. Commissioner Paishon-Duarte said that her family member was present a couple of rooms away, and the rest of the Commissioners said that they were alone. Chairman Vitousek welcomed Commissioners Dela Cruz and Knowles, and they briefly introduced themselves with their background and interests. Chairman Vitousek also made the introduction of the County of Hawaii staff in attendance. APPROVAL OF MINUTES At 9:49 a.m. the Commission took up the minutes of the March 17, 2022, Leeward Planning Commission meeting. No corrections were offered. It was moved by Commissioner Kanuha 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 with five aye votes. Commissioner Knowles abstained. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS At 9:50 a.m. Chairman Vitousek noted that written testimony on today's agenda items had been distributed to and reviewed by the Commissioners. He called upon the public testifiers who were participating online or at the in-person location. He explained the procedure and swore in the in-person testifiers separately and the online testifiers as a group. 1 At 9:52 a.m. one individual provided testimony regarding New Business Item 1, the application of CLINTON HINCHCLIFF, JR. (PL-REZ-2022-000015/AMEND REZ 05-027). The testimony ended at 9:56 a.m. [SEE TESTIMONY TRANSCRIPT EXHIBIT AJ At 9:56 a.m. 13 individuals provided testimony regarding New Business Items 2 and 3, the applications of HAWAII ONE1 INVESTORS LLC (FORMERLY KONA HEIGHTS LLC) (PL-REZ-2022-000014/AMEND REZ 07-075 AND PL-SMA-2022-000012/AMEND SMA 07-024). The testimony ended at 10:50 a.m. [SEE TESTIMONY TRANSCRIPT EXHIBIT BJ It was moved by Commissioner Paishon-Duarte and seconded by Commissioner Knowles that public testimony be closed. A vote was taken by show of hands, and the motion carried by unanimous vote of those present. Chairman Vitousek called a short recess at 10:50 a.m. He called the meeting back to order at 10:58 a.m. NEW BUSINESS 1. APPLICANT: CLINTON HINCHCLIFF, JR. (PL-REZ-2022-000015/AMEND REZ 05-027) Application for a five (5)-year time extension to Condition D (Final Subdivision Approval), Amend Condition E(Restrictive Covenants) and Condition F (Restrictive Covenants) to delete the requirement to provide a copy of the recorded covenant prior to receipt of final subdivision approval, and deletion of Condition J(Improvements to Kaloko Drive/ Mamalahoa Highway Intersection) of Ordinance No. 06 82, which reclassified 21.992 acres of land from an Agricultural 20-acres (A-20a) to a Family Agricultural 3-acre (FA-3a) zoned district. The subject property is located along the south side of Kaloko Drive at the northeastern corner of its intersection with Hao Street, Kaloko Mauka Subdivision, Kaloko, North Kona, Hawaii, TMK: 7-3-024:008. The Commission took up this item at 10:58 a.m. Deputy Corporation Counsel Campbell, noting that there was no actual conflict, made a disclosure that she owns property near the subject parcel. Action: It was moved by Commissioner Kanuha and seconded by Commissioner Paishon-Duarte that a favorable recommendation be forwarded to the County Council based on the Planning Director's recommendation. A roll call vote was taken, and the motion carried with six ayes (Kanuha, Paishon-Duarte, DeFranco, Dela Cruz, Knowles, and Vitousek), no noes, and one absent and excused (Yates). This item ended at 12:13 p.m. [SEE HEARING TRANSCRIPT EXHIBIT Q Chairman Vitousek called a lunch recess at 12:13 p.m. He called the meeting back to order at 12:48 p.m. 2 Leeward Planning Commission April 21,2022,Meeting Minutes 2. APPLICANT: HAWAII ONEI INVESTORS LLC (FORMERLY KONA HEIGHTS LLC) (PL-REZ-2022-000014/AMEND REZ 07-075) Application for a five (5)-year time extension to Condition E(Time to Secure Final Subdivision Approval) and amendment to Condition K (Drainage Improvements)to allow for the option of bonding the drainage improvements or the use of other acceptable forms of surety in lieu of the construction of drainage improvements, prior to the issuance of Final Subdivision Approval, of Ordinance 09 8, which reclassified 11.05 acres of land from an Agricultural 5-acres (A-5a) to a Single-Family Residential-7,500 square feet(RS-7.5) zoned district. The property is located at the south end of Naniloa Street adjacent to the White Sands Beach Estates and Keauhou View Estates Subdivisions, Pahoehoe 1st, Kapala`alaea 2nd, North Kona, Hawaii, TMK: 7-7-008:121. 3. APPLICANT: HAWAII ONEI INVESTORS LLC (FORMERLY KONA HEIGHTS LLC) (PL-SMA-2022-000012/AMEND SMA 07-024) Application for a five (5)-year time extension to Condition 4 (Time to Secure Final Subdivision Approval) of SMA Use Permit No. 07-024, which was approved to allow the development of a 65-lot, single family residential subdivision and related improvements. The property is located at the south end of Naniloa Street adjacent to the White Sands Beach Estates and Keauhou View Estates Subdivisions, Pahoehoe 1st, Kapala`alaea 2nd, North Kona, Hawaii, TMK: 7-7-008:121. The Commission took up these two items simultaneously at 12:48 p.m. Action on Item 2 (PL-REZ-2022-000014/AMEND REZ 07-075): It was moved by Commissioner DeFranco and seconded by Commissioner Paishon-Duarte that the Commission defer action until the County of Hawaii Cultural Resources Commission has had the opportunity to review the application. Commissioner DeFranco also noted that the Commission requested the presence of the applicant's archaeologist at the continued hearing. A roll call vote was taken, and the motion carried with six ayes (DeFranco, Paishon-Duarte, Dela Cruz, Kanuha, Knowles, and Vitousek), no noes, and one absent and excused (Yates). Action on Item 3 (PL-SMA-2022-000012/AMEND SMA 07-024): It was moved by Commissioner Paishon-Duarte and seconded by Commissioner Knowles that the Commission defer action until the County of Hawaii Cultural Resources Commission has had the opportunity to review the application. A roll call vote was taken, and the motion carried with six ayes (Paishon-Duarte, Knowles, DeFranco, Dela Cruz, Kanuha, and Vitousek), no noes, and one absent and excused (Yates). The hearing adjourned at 2:42 p.m. [SEE HEARING TRANSCRIPT EXHIBIT DJ PLANNING DIRECTOR'S REPORT Report on Special Management Area (SMA) determinations, minor permits and enforcement action issued by the Planning Director. 3 Leeward Planning Commission April 21,2022,Meeting Minutes At 2:42 p.m. Chairman Vitousek introduced this item. Ms. Jackson stated that she had nothing to add to the report that had been distributed earlier but would answer questions from the Commissioners. No questions were asked. AGENDA ITEMS FOR NEXT MEETING At 2:43 p.m. Chairman Vitousek introduced this item. Commissioner Paishon-Duarte requested that a discussion item be placed on a future agenda pertaining to the parameters of the Cultural Resources Commission's review of applications that would be forwarded to the Commission. She said that she would like to see consistency in the requirement and staff recommendations on future applications. Chairman Vitousek agreed and asked staff to include the discussion in future agenda items. Mr. Kay asked for flexibility of the timing, as the availability of the staff serving the Cultural Resources Commission had to be confirmed. Chairman Vitousek concurred to agendize the item when staff time allows. Commissioner Kanuha said that he would also like to see on a future agenda a discussion to clarify the permit extension process, as the Commission frequently receives time-extension requests. Chairman Vitousek said that the matter had been discussed in the past, but that considering the current makeup of the Commission with new members and the recurrence of those time-extension requests, it would be helpful to bring the discussion back. Chairman Vitousek and Commissioner Knowles requested that an update on the formation of the working group to complete the Kaloko Drive-Mamalahoa Highway intersection be agendized in the near future. Director Kern responded that the next few months would be a good time frame. Commissioner DeFranco referred to her question to an applicant in the past on whether or not the applicant had consulted with the Community Development Plan ("CDP") Action Committee. She said that the question was incorrect in that the Action Committees do not review or make any determination on individual applications; rather, their responsibility is with the overall CDP. She further said that the particular application was also in compliance with the CDP according to the staff. Chairman Vitousek advised Commissioner DeFranco to keep her comment general, as the Commission is prohibited from discussing any specific application that is not on the agenda. ANNOUNCEMENTS The Leeward Planning Commission's next monthly meeting is scheduled for Thursday, May 19, 2022 by interactive video conference via Zoom and at the West Hawaii Civic Center, Community Center, Building G conference room. At 2:48 p.m. Chairman Vitousek asked Ms. Jackson for an update. Ms. Jackson said that having tested audio and visual equipment, staff realized that it would be impossible to conduct executive session if some Commissioners were participating in person and some were online; therefore, the Commissioners and applicants would be asked to attend future meetings in person at the West Hawaii Civic Center starting with the May meeting while public members would have the option of testifying either online or in person at the West Hawaii Civic Center. 4 Leeward Planning Commission April 21,2022,Meeting Minutes Commissioner Knowles asked for resources to learn more about the County of Hawaii affordable housing requirements and parameters. Ms. Jackson said that she would send the Housing Code to all the Commissioners. Deputy Corporation Counsel Kekai noted that the Code, which is Chapter 11 of the Hawaii County Code, is also available on the County website. She added that the Commissioners could reach out to her with any questions. Director Kern said that the Planning Department was now about 95 percent paperless, and that as part of further efforts to avoid printing, the Commissioners would be provided with laptops loaded with meeting materials at future meetings, or they could download materials received by email on their own laptop and bring it, if they preferred. ADJOURNMENT There being no further business, it was moved by Commissioner DeFranco and seconded by Commissioner Dela Cruz 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 2:54 p.m. Respectfully submitted, Noriko Sauer, Secretary ATTEST: Michael Vitousek, Chairman Leeward Planning Commission 5 Leeward Planning Commission April 21,2022,Meeting Minutes