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Home My WebLink About2022-10-20 Leeward Exh B (Item 2 Sunshine Holdings PL-REZ-2022-000032) LEEWARD PLANNING COMMISSION COUNTY OF HAWAI`I HEARING TRANSCRIPT OCTOBER 20, 2022 A regularly advertised hearing on the application of SUNSHINE HOLDINGS, LLC (PL-REZ- 2022-000032) was called to order at 9:30 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. COMMISSIONERS PRESENT: Michael Vitousek, Barbara DeFranco, Clement"CJ" Kanuha III, and Mahina Paishon-Duarte RECUSED: Clement"CJ" Kanuha III 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) 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. VITOUSEK: It's 9:30, we are going to come back to order, and we are going to take New Business. So the first new business to discuss, applicant is Sunshine Holdings LLC, PL-REZ- 2022-000032, application for a five-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 1 EXHIBIT B 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 Agricultural 20-acres to Agricultural 5-acre 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: Parcel 012. At this time, we'll proceed with public testimony for the agenda item—do we do public testimony now or announce the recusal first? WONG: Commissioner Kanuha— VITOUSEK: Okay, Commissioner Kanuha has an announcement. KANUHA: I'd like to recuse myself from this agenda item due to my property being on Kaloko Loa, so. VITOUSEK: Mahalo. With Commissioner Kanuha's recusal, we have lost quorum for the meeting, so we, for this agenda item, so we will not be able to discuss it, but we can still take public testimony at this time. Mr. Van Pernis, if you'd like to step forward. Would you please raise your hand? Do you swear or affirm to tell the truth on the matter before the Planning Commission? VAN PERNIS: I do. VITOUSEK: Mahalo. And for the record please state your name and the town you live in and proceed with your testimony. VAN PERNIS: Mark Van Pernis. I live in Kona in Makalei Estates near the subject property. VITOUSEK: Mahalo. Please proceed. VAN PERNIS: Pending before you is application of Sunshine Development [Holdings] for further delay of their predecessor's proposed subdivision and the insulting elimination, reduction, of conditions that benefit the public that were determined 25 years ago, although the elimination or reduction may just be a throwaway to get the time extension. They've already had 25 years of extensions. The proposed development uses the same roads as many other subdivisions that have been approved thereabout. During that 25 years of extension there was increase of population of approximately 200,000, or 200 percent, excuse me, and there has been the school kids congregate at the intersection of Kaloko and Mamalahoa for the school buses, there have been many B and Bs and others that use Mamalahoa, including the 25-year extension of the bypass road for Mamalahoa. There is a serious—and I say serious, I experience it—traffic jam on Mamalahoa near this area all the way down into Kailua-Kona. Twenty-five years, now they want another five years. The application should be rejected—how long can you keep the zoning—and a new application made so current needs can be considered. A traffic study is needed and perhaps an access road off Kaloko or exiting lane for left turns. Let's see what the 2 EXHIBIT B public, or Planning Department, Planning Commission, and County Council do to this one. We need the true planning commission for the residents of West Hawaii, and not a developer's accommodation commission. Thank you. VITOUSEK: Mahalo for your testimony. That is the only scheduled testifier we have? JACKSON: Chair, we have some testifiers on Zoom for Item 2. VITOUSEK: Okay. The Commission heard more public testimony at this time; however, not all testimony was about this agenda item. See the following exhibits: Exhibit C: Testimony of Simmy McMichael regarding Agenda Item 4 County Council Initiated Bill No. 194 and Planning Director's Report on SMA Exhibit D: Testimony ofMaki Morinoue regarding this Agenda Item 2 Sunshine Holdings, LLC PL-REZ-2022-000032, and Agenda Item 4 County Council Initiated Bill No. 194 Exhibit E: Testimony of Clare Loprinzi on "several issues" This agenda item ended at 9:53 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 3 EXHIBIT B