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HomeMy WebLinkAbout2022-10-20 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAI`I MINUTES OCTOBER 20, 2022 The Leeward Planning Commission met in regular session at 9:00 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, Clement"CJ" Kanuha I11, and Mahina Paishon-Duarte ABSENT AND EXCUSED: Michael Dela Cruz and Zaheva Knowles ALSO PRESENT: 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), Jessica Andrews (Planner), Clinton Mercado (Planner), Janice Hata (Zoom host), and Noriko Sauer(Commission Secretary) And four 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 9:02 a.m. the Commission took up the minutes of the August 18, 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 9:03 a.m. Chairman Vitousek opened the floor to public testimony. He explained the procedure and Planning Commission Rule 1-5 regarding decorum. Chairman Vitousek also announced that Unfinished Business Item 1, DWAYNE CRAVALHO (REZ 21-000248), had been withdrawn by the applicant. At 9:07 a.m. one individual provided testimony via Zoom regarding Unfinished Business Item 1, DWAYNE CRAVALHO (REZ 21-000248), and New Business Item 4, COUNTY COUNCIL INITIATED BILL NO. 194. [SEE TESTIMONY TRANSCRIPT EXHIBIT A] 1 Leeward Planning Commission October 20,2022,Meeting Minutes UNFINISHED BUSINESS 1. APPLICANT: DWAYNE CRAVALHO (REZ 21-000248) Application for a Change of Zone from an Agricultural-20 acres (A-20a) to a Village Commercial-7,500 square feet(CV-7.5) zoning district for approximately 7,544 square feet of land. The subject property is located at 55-479 Hoea Road, at the northeast corner of the Hoea Road/Akoni Pule Highway intersection, Ka`auhuhu, North Kohala, Hawaii, TMK: (3) 5-5-009:019. This application had been withdrawn by the applicant. At 9:15 a.m. Chairman Vitousek called a recess, as the next item was agendized for 9:30 a.m. He called the meeting back to order at 9:30 a.m. NEW BUSINESS 2. APPLICANT: SUNSHINE HOLDINGS, LLC (PL-REZ-2022-000032) 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 prohibit condominium property regimes (CPR) and to delete the requirement to provide a copy of the recorded covenant prior to receipt of final subdivision approval, deletion of Condition G (Requirement of Conservation Plans to be Filed with the Kona Soil and Water Conservation District), amendment to Condition I(Drainage Study), addition of a condition requiring compliance with Chapter 10 of the Hawaii County Code (Erosion and Sedimentation Control), deletion of Condition J(Archaeological Survey), and amendment to Condition M (Fair Share Requirements) of Ordinance No. 98 91, which reclassified 21.353 acres of land from an Agricultural 20-acres (A-20a) to an Agricultural 5-acre (A-5a) zoned district. The subject property is located at 73-1735 Kaloko Drive, approximately 720 feet southeast of its intersection with Kaloko Loa Place, Kaloko Mauka Subdivision, Kaloko, North Kona, Hawaii, TMK: (3) 7-3-025:012. The Commission took up this item at 9:30 a.m. Commissioner Kanuha recused himself from this item due to his property being on the same street as the subject property. Chairman Vitousek announced that with Commissioner Kanuha's recusal, there was no quorum for this agenda item to proceed; however, the Commission could take public testimony. One individual from the public provided testimony regarding this item. [SEE HEARING TRANSCRIPT EXHIBIT B] The Commission heard more public testimony at this time; however, not all testimony was about this agenda item. 2 Leeward Planning Commission October 20,2022,Meeting Minutes [SEE TESTIMONY TRANSCRIPT EXHIBIT C: TESTIMONY OF SIMMY MCNIICHAEL REGARDING AGENDA ITEM 4 CO LINTY CO UNCIL INITIATED BILL NO. 194 AND PLANNING DIRECTOR'S REPORT ON SW [SEE TESTIMONY TRANSCRIPT EXHIBIT D: TESTIMONY OF MAKI MORINO UE REGARDING THIS AGENDA ITEM 2 SUNSHINE HOLDINGS, LLC, PL-REZ-2022-000032, AND AGENDA ITEM 4 CO LINTY CO UNCIL INITIATED BILL NO. 194] [SEE TESTIMONY TRANSCRIPT EXHIBIT E: TESTIMONY OF CLARE LOPRINZI ON "SEVERAL ISSUES'J There being no further public testimony regarding this agenda item, Chairman Vitousek called the next agenda item to order at 9:54 a.m. 3. APPLICANT: GRETCHEN L WATSON-KABEI (PL-SPP-2022-000014) Application for a Special Permit for a home occupation to allow the use of a portion of an existing farm dwelling as a real estate office on approximately 75 square feet of a larger, 5.16-acre property within the State Land Use Agricultural District. The subject property is located at 75-1100 Kamalani Street, approximately 0.4 miles east(mauka) of its intersection with Mamalahoa Highway, Por. Hienaloli I`-Pua`a I", North Kona, Hawaii, TMK: (3) 7-5-013:050. The Commission took up this item at 9:54 a.m. There was no one from the public who wished to testify on this agenda item. It was moved by Commissioner Paishon-Duarte and seconded by Vice Chair DeFranco that public testimony on this agenda item be closed. A voice vote was taken, and the motion carried with all in favor. Action: It was moved by Commissioner Paishon-Duarte and seconded by Commissioner Kanuha that the application for Special Permit, Docket No. PL-SPP-2022-000014, be approved, based on the Planning Director's recommendation, which shall be adopted. A roll call vote was taken, and the motion carried with four ayes (Paishon-Duarte, Kanuha, DeFranco, and Vitousek), no noes, and two absent and excused (Dela Cruz and Knowles). This item ended at 10:10 a.m. [SEE HEARING TRANSCRIPT EXHIBIT F] Chairman Vitousek called a short recess at 10:10 a.m., and the meeting was reconvened at 10:18 a.m. 4. INITIATOR: COUNTY COUNCIL (BILL NO. 194) (PL-CCI-2022-000002) An Ordinance amending Chapter 25, Article 2, Division 4, of the Hawaii County Code 1983 (2016 Edition, as amended), relating to conditions on change of zone actions. The purpose of this amendment is to clarify that the Planning Director may not extend the time allowed to satisfy conditions within a change of zone ordinance unless specifically authorized by the County Council. 3 Leeward Planning Commission October 20,2022,Meeting Minutes The Commission took up this item at 10:18 a.m. Three individuals from the public provided testimony regarding this item. Action: It was moved by Commissioner Paishon-Duarte, and seconded by Commissioner Kanuha, to forward a favorable recommendation on Bill No. 194. A roll call vote was taken, and the motion carried with four ayes (Paishon-Duarte, Kanuha, DeFranco, and Vitousek), no noes, and two absent and excused (Dela Cruz and Knowles). This item ended at 11:33 a.m. [SEE HEARING TRANSCRIPT—EXHIBIT G] PLANNING DIRECTOR'S REPORT Report on Status of the Ali`i Corridor (Kahului- Keauhou Parkway) Project. At 11:33 a.m. Deputy Director Darrow reported the response that the Planning Director had received from the Department of Public Works as follows: • To start up the project again, it would require 1)re-evaluation of the Environmental Impact Statement, which has expired; 2)re-evaluation of the archaeological report; and 3) $200 million to $250 million for consultants and construction costs, which is approximately five times the original estimate of$50 million. Chairman Vitousek asked if there are any efforts to initiate federal highways funding. Deputy Director Darrow responded that he was not aware of such efforts but would inquire of the Department of Finance or Department of Public Works. In repose to Chairman Vitousek's further question, Deputy Director Darrow said that the project is a county corridor, that the County is acquiring the right-of-way through condemnation actions, and that there are still some portions that need to be acquired. Upon inquiry by Vice Chair DeFranco, he provided additional information as follows: • In 2005 the federal Environmental Impact Statement re-evaluation was completed, the archaeological report was finalized, and the construction plan was redesigned from four lanes to two lanes. The name was changed from Ali`i Highway to Ali`i Parkway to reflect the two travel lanes and wider walking and biking pathways. The project was bid out and awarded to Goodfellow Bros. and then stopped due to archaeological issues and public opposition to the project. Report on Special Management Area (SMA) determinations and minor permits issued by the Planning Director. At 11:37 a.m. Ms. Jackson noted that the latest logs had been sent to the Commissioners earlier this month. She offered to answer any questions regarding the logs. Chairman Vitousek asked about the property, TMK (3) 7-8-014:019, that one of the public testifiers, Simmy McMichael, had referred to earlier. He noted that he did not see the property 4 Leeward Planning Commission October 20,2022,Meeting Minutes listed on the recent logs. Ms. Jackson responded that the project had been on the January log, and that she had had SMA Planner Alex Roy look into the matter during this meeting. She said that the property is a non-shoreline parcel and therefore not considered development because the size of the single-family home was under 7,500 square feet, and because it is not development, the valuation does not come into play. She further said that there were about 60 reviews done for those projects, one of which archaeological monitoring was required for, and that she had asked Mr. Roy to send an email to Ms. McMichael, informing her of the reason why she was not notified and why it did not require an SMA Major Use Permit. AGENDA ITEMS FOR NEXT MEETING At 11:39 a.m. Chairman Vitousek asked if the Commissioners had any subjects that they wished to place on a future meeting agenda. There were no requests. ANNOUNCEMENTS The Leeward Planning Commission's next monthly meeting is scheduled for Thursday, November 17, 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 11:39 a.m. Chairman Vitousek called upon staff for this agenda item. Ms. Jackson said in response to Chairman Vitousek's inquiry that the meeting time should be 9:30 a.m. Ms. Jackson also announced that the Planning Department had initiated changes to the zoning and subdivision codes, and that if any public members wish to participate by sharing their ideas, they can do so online at cohcodeupdate.com. She said that the timeline is to get the updates to the Planning Commissions and the County Council for adoption in Spring of 2024. She asked whether the Commissioners wish to place a discussion of ideas on a Commission meeting agenda or directly share with the project team. Chairman Vitousek responded that he would like to have a discussion in a meeting especially during the community outreach component of the timeline. Ms. Jackson further announced that the Commission can start using the Council Chambers with the January 2023 meeting, which will significantly reduce staff's equipment setup time. She said that the dates are the third Thursday of the month except for May, which will be on the third Friday, and that the schedule will be provided once finalized. Chairman Vitousek asked if there are any updates on the vacant seat for the North Kohala District. Ms. Jackson responded that the County is still looking for candidates. The Commissioners were requested to contact Ms. P6maika`i Bartolome of the Office of the Mayor if they knew anyone whom they would recommend. Ms. Jackson noted for the Commissioners' consideration that election of chairperson and vice chairperson will be on the December meeting agenda. Commissioner Kanuha requested that a discussion on SMA Major Use Permits time extension be agendized, which he had suggested a few months ago. He noted that the issue is similar to the 5 Leeward Planning Commission October 20,2022,Meeting Minutes County Council initiated Bill No. 194, where multiple time extensions to comply with conditions of permit are given. Ms. Jackson responded that they could try to place it on the December meeting agenda. ADJOURNMENT There being no further business, it was moved by Vice Chair DeFranco and seconded by Commissioner Kanuha that the meeting be adjourned. A voice vote was taken, and the motion carried with all in favor. Chairman Vitousek adjourned the meeting at 11:44 a.m. Respectfully submitted, Noriko Sauer, Secretary ATTEST: Michael Vitousek, Chairman Leeward Planning Commission 6 Leeward Planning Commission October 20,2022,Meeting Minutes