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Home My WebLink About2022-07-21 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAII MINUTES JULY 21, 2022 The Leeward Planning Commission met in regular session at 9:36 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 Zaheva Knowles ABSENT AND EXCUSED: Mahina Paishon-Duarte EX-OFFICIO MEMBER: Robyn Matsumoto (Department of Public Works, until 2:36 p.m.) ALSO IN ATTENDANCE: Malia Kekai, Esq. (Counsel for the Commission), Jean Campbell, Esq. (Counsel for the Planning Department), Zendo Kern (Planning Director, for Agenda Items 3, 4, 5, and 6), Jeff Darrow (Deputy Planning Director, for Agenda Items 1 and 2), Maija Jackson (Planning Program Manager), Christian Kay (Planner), Jessica Andrews (Planner), Janice Hata(Zoom host), and Noriko Sauer (Commission Secretary) And approximately 20 people from the public in this in-person location. A quorum was present. Chairman Vitousek called the meeting to order and introduced Commissioners and staff. APPROVAL OF MINUTES At 9:39 a.m. the Commission took up the minutes of the May 19, 2022, Leeward Planning Commission meeting. No corrections were offered. It was moved by Vice Chair 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 9:39 a.m. Chairman Vitousek opened the floor to public testimony. There were testifiers at the in-person location and on Zoom. Chairman Vitousek described the procedure and said that although the agenda stated that statements would be taken at the time the particular item was called to order, testifiers could provide their testimony at this time if they so wished. At 9:45 a.m. eight individuals provided testimony regarding Unfinished Business Items 5 and 6, HAWAII ONE1 INVESTORS LLC (FORMERLY KONA HEIGHTS LLC) (PL-REZ- 2022-000014/AMEND REZ 07-075 & PL-SMA-2022-000012/AMEND SMA 07-024). [SEE TESTIMONY TRANSCRIPT EXHIBIT AJ 1 Leeward Planning Commission July 21,2022,Meeting Minutes At 10:22 a.m. one individual provided testimony regarding New Business Item 1, SITING CHEN (PL-REZ-2021-000012), New Business Items 3 and 4, Amy Hagen-Cowell Trust(PL- SLU-2022-000004 & PL-REZ-2022-000019), and Unfinished Business Items 5 and 6, HAWAII ONE1 INVESTORS LLC (FORMERLY KONA HEIGHTS LLC) (PL-REZ- 2022-000014/AMEND REZ 07-075 & PL-SMA-2022-000012/AMEND SMA 07-024). [SEE TESTIMONY TRANSCRIPT EXHIBIT BJ At 10:28 a.m. one individual provided testimony regarding New Business Item 2, BOLTON, INC. (REMAND SPP 16-000188). [SEE TESTIMONY TRANSCRIPT EXHIBIT CJ At 10:33 a.m. six more individuals provided testimony regarding Unfinished Business Items 5 and 6, HAWAII ONE1 INVESTORS LLC (FORMERLY KONA HEIGHTS LLC) (PL- REZ-2022-000014/AMEND REZ 07-075 & PL-SMA-2022-000012/AMEND SMA 07-024). [SEE TESTIMONY TRANSCRIPT EXHIBIT AJ This agenda item ended at 11:09 a.m. Chairman Vitousek called a short recess at 11:09 a.m. and called the meeting back to order at 11:17 p.m. Chairman Vitousek stated that the Commission would take up New Business Items 3 and 4 out of order since one commissioner might have to leave early in which case the Commission would lose the quorum for those items. NEW BUSINESS 3. APPLICANT: AMY HAGEN-COWELL TRUST (PL-SLU-2022-000004) Application for a State Land Use Boundary Amendment from Agricultural to Urban for 6.875 acres of land. The subject property is located on the east(mauka) side of the Hawaii Belt Road (Highway 11) at its intersection with Alii Drive and Napb'opo`o Road, Ka`awaloa(Mauka), South Kona, Hawaii, TMK: (3) 8-1-008:004. 4. APPLICANT: AMY HAGEN-COWELL TRUST (PL-REZ-2022-000019) Application for a Change of Zone from an Agricultural-1 acre (A-la) to a Single-Family Residential-10,000 square feet(RS-10) zoning designation for 6.875 acres of land. The subject property is located on the east(mauka) side of the Hawaii Belt Road(Highway 11) at its intersection with Alii Drive and Nap6`opo`o Road, Ka`awaloa(Mauka), South Kona, Hawaii, TMK: (3) 8-1-008:004. The Commission took up these two items simultaneously at 11:17 a.m. Chairman Vitousek stated that he was recusing himself from these items since the subject parcel of land is adjacent to his property. Vice Chair DeFranco assumed the presiding officer's role. Action on Item 3 (PL-SLU-2022-000004): It was moved by Commissioner Knowles and seconded by Commissioner Dela Cruz that a favorable recommendation be forwarded to the 2 Leeward Planning Commission July 21,2022,Meeting Minutes County Council based on the Planning Director's recommendation, which shall be adopted. A roll call vote was taken, and the motion carried with four ayes (Knowles, Dela Cruz, Kanuha, and DeFranco), no noes, and one absent and excused (Paishon-Duarte). Action on Item 4 (PL-REZ-2022-000019): It was moved by Commissioner Knowles and seconded by Commissioner Dela Cruz that a favorable recommendation be forwarded to the County Council based on the Planning Director's recommendation, which shall be adopted. A roll call vote was taken, and the motion carried with four ayes (Knowles, Dela Cruz, Kanuha, and DeFranco), no noes, and one absent and excused (Paishon-Duarte). The hearing ended at 11:54 a.m. [SEE HEARING TRANSCRIPT EXHIBIT EJ Chairman Vitousek resumed the role of presiding officer. He called a lunch recess at 11:54 a.m. and called the meeting back to order at 12:31 p.m. 1. APPLICANT: SITING CHEN (PL-REZ-2021-000012) Application for a Change of Zone from an Agricultural-5 acre (A-5a) to a Family Agricultural-1 acre (FA-la) zoning district for 14.968-acres of land. The subj ect property is located on the south side of Hualalai Road, approximately 0.6 miles east of its intersection with Queen Ka`ahumanu Highway, Wai`aha 1st, Puapua`anui 1st, North Kona, Hawaii, TMK: (3) 7-5-017:043. The Commission took up this item at 12:31 p.m. Action: It was moved by Vice Chair DeFranco and seconded by Commissioner Knowles that a favorable recommendation be forwarded to the County Council based on the Deputy Planning Director's recommendation, which shall be adopted. Chairman Vitousek moved to amend the motion to remove proposed Conditions R through W and replace them with a more general condition addressing the matter of listed or endangered species. Vice Chair DeFranco seconded the subsidiary motion. A voice vote was taken, and the subsidiary motion carried with all in favor. A roll call vote was taken on the main motion as amended, and the motion carried with four ayes (DeFranco, Knowles, Dela Cruz, and Kanuha), one no (Vitousek), and one absent and excused (Paishon-Duarte). The hearing ended at 2:03 p.m. [SEE HEARING TRANSCRIPT EXHIBIT FJ Chairman Vitousek called a short recess at 2:03 p.m. and called the meeting back to order at 2:09 p.m. 2. APPLICANT: BOLTON, INC. (REMAND SPP 16-000188) Hawaii Supreme Court December 2, 2021 Opinion held that the withdrawal of Special Permit SPP No. 16-000188 was improper and remanded Special Permit SPP No. 16-000188 back to the Leeward Planning Commission for further proceedings consistent with its Opinion. The Leeward Planning Commission will hold a hearing to determine standing for a contested case for application for a Special Permit to allow for a base yard/staging yard for equipment, storage of materials, stock piling and crushing of natural materials for commercial use and a security dwelling situated on a 9.23-acre portion of a 3 Leeward Planning Commission July 21,2022,Meeting Minutes 23.738-acre property situated within the State Land Use Agricultural District. The property is located at 75-476 Hualalai Road, approximately 700 feet east of its intersection with Queen Ka`ahumanu Highway, Kahului 1st, North Kona, Hawaii, TMK:7-5-017:044. The Commission took up this item at 2:09 p.m. Action: It was moved by Commissioner Knowles and seconded by Commissioner Kanuha that the petition be granted based on the record that the petitioner has established the criteria for standing, namely their interest is clearly distinguishable from that of the general public. A roll call vote was taken on the main motion as amended, and the motion carried with five ayes (Knowles, Kanuha, DeFranco, Dela Cruz, and Vitousek), no noes, and one absent and excused (Paishon-Duarte). The hearing ended at 2:36 p.m. [SEE HEARING TRANSCRIPT EXHIBIT GJ The Commission took up the next two items simultaneously at 2:36 p.m. UNFINISHED BUSINESS 5. 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. 6. 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. Chairman Vitousek called a short recess at 2:36 p.m. and called the hearing back to order at 2:41 p.m. Chairman Vitousek called a short recess at 4:12 p.m. and called the hearing back to order at 4:18 p.m. 4 Leeward Planning Commission July 21,2022,Meeting Minutes Action on Item 5 (PL-REZ-2022-000014/AMEND REZ 07-075): It was moved by Vice Chair DeFranco and seconded by Commissioner Knowles that the Commission defer the action until the Cultural Resources Commission has had the opportunity to review an updated Cultural Impact Assessment to be prepared by the applicant. A roll call vote was taken, and the motion carried with five ayes (DeFranco, Knowles, Dela Cruz, Kanuha, and Vitousek), no noes, and one absent and excused (Paishon-Duarte). Action on Item 6(PL-SMA-2022-000012/AMEND SMA 07-024): It was moved by Vice Chair DeFranco and seconded by Commissioner Knowles that the Commission defer the action until the Cultural Resources Commission has had the opportunity to review an updated Cultural Impact Assessment to be prepared by the applicant. A roll call vote was taken, and the motion carried with five ayes (DeFranco, Knowles, Dela Cruz, Kanuha, and Vitousek), no noes, and one absent and excused (Paishon-Duarte). The hearing adjourned at 4:33 p.m. [SEE HEARING TRANSCRIPT EXHIBIT HJ PLANNING DIRECTOR'S REPORT Report on the status of the Kaloko Drive Intersection Working Group. At 4:33 p.m. Chairman Vitousek called upon Director Kern for this report. Director Kern reported that a meeting had been held regarding the Kaloko Drive Intersection by the initial group comprised of Council Member Holeka Goro Inaba, the Director of the Department of Public Works, an engineer from the State Department of Transportation ("DOT"), and himself. He said that according to the DOT engineer, DOT is commissioning a traffic impact analysis report for both this intersection and Ka`iminani intersection, which is expected around September. He said that the same group would then have a follow-up meeting to go over the findings to identify the necessary improvements, such as channelization and signalization, and figure out how the funds could be best utilized to make those improvements. Report on Special Management Area (SMA) determinations, minor permits and enforcement action issued by the Planning Director. At 4:34 p.m. Chairman Vitousek introduced this item. Ms. Jackson said that the latest logs had been distributed earlier, and that she had nothing further to report. There were no questions about the logs. AGENDA ITEMS FOR NEXT MEETING At 4:36 p.m. Chairman Vitousek introduced this item and asked if there were any requests. Vice Chair DeFranco requested an update on the status of the proposed Kahului-Keauhou Parkway. Director Kern responded that he would ask the Department of Public Works for the status. Chairman Vitousek noted the two pending requests, namely, presentation on the purview of the Cultural Resource Commission and presentation on the permit extension process. There were no other requests. 5 Leeward Planning Commission July 21,2022,Meeting Minutes ANNOUNCEMENTS Chairman Vitousek announced that Commissioner Faith "Fay" Yates submitted a letter of resignation to take care of her personal matter. Director Kern said that he would present to her a certificate of appreciation on behalf of the County. The Leeward Planning Commission's next monthly meeting is scheduled for Thursday, August 18, 2022 at the West Hawaii Civic Center, Community Center, Building G conference room and the public can testify via Zoom and watch the meeting on YouTube. No updates were provided on this announcement. ADJOURNMENT There being no further business, it was moved by Commissioner Kanuha and seconded by Commissioner Dela Cruz that the meeting be adjourned. A voice vote was taken, and the motion carried with all in favor. Chairman Vitousek adjourned the meeting at 4:37 p.m. Respectfully submitted, Noriko Sauer, Secretary ATTEST: Michael Vitousek, Chairman Leeward Planning Commission 6 Leeward Planning Commission July 21,2022,Meeting Minutes