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Home My WebLink About2022-05-19 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAII MINUTES MAY 19, 2022 The Leeward Planning Commission met in regular session at 9:32 a.m. in the West Hawaii Civic Center, Community Center, Building G, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii, with Chairman Michael Vitousek presiding. This meeting was streamed live on YouTube. COMMISSIONERS PRESENT: Michael Vitousek, Barbara DeFranco, Michael Dela Cruz, Clement"CJ" Kanuha III, and Mahina Paishon-Duarte ABSENT AND EXCUSED: Zaheva Knowles and Faith "Faye" Yates 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), Jessica Andrews (Planner), Tracie-Lee Camero (Planner, via Zoom), and Noriko Sauer(Commission Secretary) There was one public member to testify via Zoom and no one in this physical location. A quorum was present. Chairman Vitousek called the meeting to order and introduced Commissioners and staff. Chairman Vitousek made an announcement regarding New Business Item 1, HAMAKUA HEALTH CENTER (PL-USE-2021-000003), that the applicant had withdrawn the application by a letter dated May 4, 2022. APPROVAL OF MINUTES At 9:35 a.m. the Commission took up the minutes of the April 21, 2022, Leeward Planning Commission meeting. No corrections were offered. It was moved by Commissioner DeFranco and seconded by Commissioner Dela Cruz that the minutes be approved as submitted. A voice vote was taken, and the motion carried with all in favor. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS At 9:36 a.m. Chairman Vitousek opened the floor to public testimony and noted that the Commission had received a fair amount of written testimony on Agenda Item 2. One individual provided testimony via Zoom regarding New Business Item 2, COUNTY COUNCIL (BILL NO. 120) (PL-CC-2022-000001). [SEE TESTIMONY TRANSCRIPT EXHIBIT AJ 1 Leeward Planning Commission May 19,2022,Meeting Minutes It was moved by Commissioner Paishon-Duarte and seconded by Commissioner DeFranco that public testimony be closed. A voice vote was taken, and the motion carried with all in favor. Public testimony was closed at 9:43 a.m. NEW BUSINESS 1. APPLICANT: HAMAKUA HEALTH CENTER (PL-USE-2021-000003) Application for a Use Permit to establish and operate a medical clinic, dental office, and related facilities on approximately 5.682 acres of land situated within the County's Single-Family Residential-15,000 square foot(RS-15) and Agricultural-20 acres (A-20a) zoning districts. The project site is located at 54-3793 Akoni Pule Highway, Kapa`au, Honopueo, North Kohala, Hawaii, TMK: (3) 5-4-005:011. Chairman Vitousek reiterated that the Commission was not taking up this item, as the applicant had withdrawn their application. 2. INITIATOR: COUNTY COUNCIL (BILL NO. 120) (PL-CC-2022-000001) An Ordinance amending Chapter 24, Article 8, and Chapter 25, Article 1 and Article 4, Division 5, of the Hawaii County Code 1983 (2016 Edition, as Amended), relating to providing, maintaining, and dedicating parking spaces and charging stations for electric vehicles. The purpose of this amendment is to establish requirements for providing parking spaces equipped with an electric vehicle charging station in places of public accommodation and to establish requirements for parking in these spaces and establishing penalties for violations of those requirements in compliance with Sections 291-71 and 291-72, Hawaii Revised Statutes. The Commission took up this item at 9:43 a.m. Chairman Vitousek called a short recess at 10:34 a.m., and the hearing was called back to order at 10:40 a.m. Action: It was moved by Commissioner DeFranco and seconded by Commissioner Paishon-Duarte that a favorable recommendation be forwarded to the County Council on Draft Bill 120, with the Planning Director's recommended revisions. Chairman Vitousek moved to amend the motion to include additional recommended revisions, as discussed, to add a definition for "Plug"; to add qualified adequacy for exemption; to add plug compatibility requirement; and to Section 25-4-54.1(a)regarding maintenance. Commissioner Dela Cruz seconded the subsidiary motion. A roll call vote was taken, and the subsidiary motion carried with five ayes (Vitousek, Dela Cruz, DeFranco, Paishon-Duarte, and Kanuha), no noes, and two absent and excused (Knowles and Yates). A roll call vote was taken on the main motion as amended, and the motion carried with five ayes (DeFranco, Paishon-Duarte, Dela Cruz, Kanuha, and Vitousek), no noes, and two absent and excused (Knowles and Yates). The hearing ended at 11:30 a.m. [SEE HEARING TRANSCRIPT EXHIBIT BJ 2 Leeward Planning Commission May 19,2022,Meeting Minutes PLANNING DIRECTOR'S REPORT Report on Special Management Area (SMA) determinations, minor permits and enforcement action issued by the Planning Director. At 11:30 a.m. Chairman Vitousek introduced this item. Ms. Jackson made a correction to the April 2022 SMA Assessment log that had been sent to the Commissioners. She said that the $573,000 value indicated for PL-SAA-2021-000034 was in error; the applicant had since reduced the number of photovoltaic ("PV")panels to be installed, which brought the value below the $500,000 trigger for an SMA Major Use Permit and resulted in the issuance of the SMA Minor Use Permit. She said that staff would send a corrected log to the Commission next month. Chairman Vitousek commented that it might be interesting to try finding a way to exclude renewable energy components from the overall development cost, if renewable energy was to be encouraged. Ms. Jackson said that this particular project was unique in that the application was for a carport structure with PV panels on top of that, whereas many hotels in West Hawaii are putting PV panels on their rooftops, so it would not have the same SMA development trigger. Chairman Vitousek acknowledged, and Ms. Jackson confirmed, that the applicant in question was reducing not only the number of PV panels but also the footprint of the carport structure. There were no questions from the Commissioners. AGENDA ITEMS FOR NEXT MEETING At 11:32 a.m. Chairman Vitousek introduced this item. Ms. Jackson provided the following updates on the pending requests: • Presentation on the purview of the Cultural Resources Commission is tentatively planned for August or September. • Staff are in the process of updating Planning Commission Rule 9, Special Management Area, and Planning Department Rule 11, Shoreline Setback, and hope to bring the matter before the joint Planning Commission around August or September. Staff will try to schedule the requested presentation on the permit extension process prior to that so that if the Commission wishes to make any change to rules related to time extensions, that can be considered at the joint Planning Commission meeting. There were no new requests from the Commissioners. ANNOUNCEMENTS The Leeward Planning Commission's next monthly meeting is scheduled for Thursday, June 16, 2022 by interactive video conference via Zoom and at the West Hawaii Civic Center, Community Center, Building G conference room. At 11:33 a.m. Chairman Vitousek asked Ms. Jackson for an update. Ms. Jackson said that there were tentatively three items on the agenda, one of which was for two applications for a State Land Use Boundary Amendment and a Change of Zone for the same project. 3 Leeward Planning Commission May 19,2022,Meeting Minutes ADJOURNMENT There being no further business, it was moved by Commissioner DeFranco and seconded by Commissioner Paishon-Duarte that the meeting be adjourned. A voice vote was taken, and the motion carried with all in favor. Chairman Vitousek adjourned the meeting at 11:34 a.m. Respectfully submitted, Noriko Sauer, Secretary ATTEST: Michael Vitousek, Chairman Leeward Planning Commission 4 Leeward Planning Commission May 19,2022,Meeting Minutes