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Home My WebLink About2022-08-18 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAI`I MINUTES AUGUST 18, 2022 The Leeward Planning Commission met in regular session at 9:33 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, Zaheva Knowles, and Mahina Paishon-Duarte ABSENT AND EXCUSED: Clement"CJ" Kanuha III ALSO IN ATTENDANCE: Keyra Wong, Esq. (Counsel for the Commission), Jean Campbell, Esq. (Counsel for the Planning Department), Jeffrey Darrow (Deputy Planning Director), Maija Jackson (Planning Program Manager), Clinton Mercado (Planner), Alex Roy (Planner), Janice Hata(Zoom host), and Noriko Sauer (Commission Secretary) And six public members in the audience. A quorum was present. Chairman Vitousek called the meeting to order and introduced Commissioners and staff. APPROVAL OF MINUTES At 9:36 a.m. the Commission took up the minutes of the July 21, 2022, Leeward Planning Commission meeting. No corrections were offered. It was moved by Vice Chair DeFranco and seconded by Commissioner Paishon-Duarte 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 9:37 a.m. Chairman Vitousek opened the floor to public testimony. There was no one who wished to provide testimony in the meeting room or via the Zoom online platform. It was moved by Vice Chair DeFranco and seconded by Commissioner Paishon-Duarte that public testimony be closed. A voice vote was taken, and the motion carried with all in favor. Public testimony was closed at 9:38 a.m. 1 Leeward Planning Commission August 18,2022,Meeting Minutes NEW BUSINESS 1. APPLICANT: KULA NEI, LLC (PL-PUD-2022-000002) Application for a Planned Unit Development(PUD) for an 8-lot, agricultural subdivision on 40.421 acres of land. The PUD would allow various exceptions from Chapter 23 (Subdivision) and Chapter 25 (Zoning) of the Hawaii County Code. The subject property is located at the southeast corner of the Kukuna Street/Punawele Street intersection, south of the Kona Acres and O`oma Plantation subdivisions and west(makai) of the Kona Hills Estates subdivision, O`oma I"-Kohanaiki, North Kona, Hawaii, TMK: (3) 7-3-007:039. Chairman Vitousek stated that this item was postponed until an unspecified date. There was no one from the public who wished to testify on this application. The Commission took up the next two agenda items together. 2. APPLICANT: ARTE MCCULLOUGH (PL-SLU-2022-000006) Application for a State Land Use Boundary Amendment from Agricultural to Rural for 5.848 acres of land. The subject property is part of a two-unit condominium property regime (CPR) and is located at 62-2225 and 62-2239 `Ouli Street, at the southwest corner of its intersection with Kawaihae Road, Kanehoa Subdivision, `Ouli, South Kohala, Hawaii, TMK: (3) 6-2-009:015. 3. APPLICANT: ARTE MCCULLOUGH (PL-REZ-2022-000026) Application for a Change of Zone from an Agricultural-5 acre (A-5a) to a Residential and Agricultural-2 acre (RA-2a) zoning district for 5.848 acres of land. The subject property is part of a two-unit condominium property regime (CPR) and is located at 62-2225 and 62-2239 `Ouli Street, at the southwest corner of its intersection with Kawaihae Road, Kanehoa Subdivision, `Ouli, South Kohala, Hawaii, TMK: (3) 6-2-009:015. The Commission took up these two items simultaneously at 9:38 a.m. There was no one from the public who wished to testify on these applications. It was moved by Vice Chair DeFranco and seconded by Commissioner Dela Cruz that public testimony on these agenda items be closed. A voice vote was taken, and the motion carried with all in favor. Action on Item 2 (PL-SLU-2022-000006): It was moved by Commissioner Paishon-Duarte and seconded by Commissioner Dela Cruz that a favorable recommendation be forwarded to the County Council on the application for a State Land Use Boundary Amendment, based on the Planning Director's recommendation, which shall be adopted. A roll call vote was taken, and the motion carried with five ayes (Paishon-Duarte, Dela Cruz, DeFranco, Knowles, and Vitousek), no noes, and one absent and excused (Kanuha). Action on Item 3 (PL-REZ-2022-000026): It was moved by Commissioner Dela Cruz and seconded by Commissioner Paishon-Duarte that a favorable recommendation be forwarded to the County Council on the application for a Change of Zone, based on the Planning Director's recommendation, which shall be adopted. A roll call vote was taken, and the motion carried with 2 Leeward Planning Commission August 18,2022,Meeting Minutes five ayes (Dela Cruz, Paishon-Duarte, DeFranco, Knowles, and Vitousek), no noes, and one absent and excused (Kanuha). The hearing ended at 10:07 a.m. [SEE HEARING TRANSCRIPT EXHIBIT AJ 4. APPLICANT: JOHN AND SHELLI MENEGHETTI (PL-SMA-2022-000017) Application for a Special Management Area(SMA) Use Permit to construct a two-story, 4,798-square foot, 5-bedroom, 4.5-bath, single-family residence, and related improvements which include a swimming pool, garage, and lanai, on a 0.38-acre parcel situated within the SMA. The subject property is located within the Lanihau Point Subdivision of Kona Bay Estates at 75-5434 Kona Bay Drive, approximately 0.7 miles from Kona Bay Drive's intersection with Kuakini Highway, por. of Kailua Airport, North Kona District, Hawaii, TMK: (3) 7-5-005:095. The Commission took up this item at 10:07 a.m. There was no one from the public who wished to testify on this application. It was moved by Commissioner Knowles and seconded by Commissioner Paishon-Duarte that public testimony on this agenda item be closed. A voice vote was taken, and the motion carried with all in favor. Chairman Vitousek called a short recess at 11:03 a.m. He called the hearing back to order at 11:14 a.m. Action: It was moved by Commissioner Knowles and seconded by Vice Chair DeFranco that the application for a Special Management Area Use Permit, Docket number SMA 2022-017, be approved based on the Planning Director's recommendation, which shall be adopted. Commissioner Paishon-Duarte moved to amend the motion to add the following condition: "The Applicant shall conduct subsurface testing of the property and submit its findings to the Planning Department for HRS 6E-42 review. The Applicant shall implement any mitigation required by the State Historic Preservation Division prior to any land altering activities of the proposed development." Commissioner Dela Cruz seconded the subsidiary motion. A roll call vote was taken, and the subsidiary motion carried with five ayes (Paishon-Duarte, Dela Cruz, DeFranco, Knowles, and Vitousek), no noes, and one absent and excused (Kanuha). A roll call vote was taken on the main motion as amended, and the motion carried with five ayes (Knowles, DeFranco, Dela Cruz, Paishon-Duarte, and Vitousek), no noes, and one absent and excused (Kanuha). The hearing ended at 11:19 a.m. [SEE HEARING TRANSCRIPT EXHIBIT B] 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 August 18,2022,Meeting Minutes At 11:19 a.m. Chairman Vitousek introduced this item. Ms. Jackson noted that the latest logs had been sent to the Commissioners a couple of weeks ago. She offered to answer any questions regarding the logs. No questions were asked. AGENDA ITEMS FOR NEXT MEETING At 11:20 a.m. Chairman Vitousek introduced this item and asked if there were any requests. Vice Chair DeFranco asked about the update on the status of the proposed Ali`i Corridor(also known as Kahului-Keauhou Parkway), which she had requested at the previous meeting. She added that the Kona Community Development Plan had changed the road name from Parkway to Corridor to emphasize the friendly nature of the road. Ms. Jackson responded that Director Kern was in the process of discussing the status with the Department of Public Works, and that his report would be placed on the next meeting agenda. There were no other requests. ANNOUNCEMENTS The Leeward Planning Commission's next monthly meeting is scheduled for Thursday, September 22, 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. At 11:21 a.m. Ms. Jackson announced that there were currently three items on the September meeting agenda. She also announced that the staff were working on amendments to Planning Commission Rule 9 regarding the Special Management Area(SMA), and that the matter would be scheduled for a joint meeting with the Windward Planning Commission via Zoom in late September or early October. She added that the change was to address Act 16 enacted by the State Legislature, under which Major or Minor SMA permits were now required for any residential developments along the shoreline. ADJOURNMENT There being no further business, it was moved by Commissioner Knowles 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 11:23 a.m. Respectfully submitted, Noriko Sauer, Secretary ATTEST: Michael Vitousek, Chairman Leeward Planning Commission 4 Leeward Planning Commission August 18,2022,Meeting Minutes