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Home My WebLink About2022-11-17 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAI`I MINUTES NOVEMBER 17, 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, Zaheva Knowles, and Mahina Paishon-Duarte ALSO PRESENT: Keyra Wong, Esq. (Counsel for the Commission), Jean Campbell, Esq. (Counsel for the Planning Department), Zendo Kern (Planning Director, until 10:58 a.m.), Jeffrey Darrow (Deputy Planning Director, from 11:06 a.m.), Christian Kay (Planner, covering for Planning Program Manager), Jessica Andrews (Planner, via Zoom), Maryam Palma(Planner), Janice Hata(Zoom host), and Noriko Sauer (Commission Secretary) And seven 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 9:34 a.m. the Commission took up the minutes of the October 20, 2022, Leeward Planning Commission meeting. No corrections were offered. It was moved by Commissioner Kanuha and seconded by Commissioner Knowles 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 9:35 a.m. Chairman Vitousek opened the floor to public testimony. He explained the procedure and Planning Commission Rule 1-5 regarding decorum. The testifiers were given the options of speaking at this time or later at the time the agenda item was called to order. At 9:36 a.m. one individual provided testimony in person regarding Unfinished Business Item 1, SUNSHINE HOLDINGS, LLC (PL-REZ-2022-000032), and New Business Item 2, SHAWN MAILE NAKOA, ESQ. (PL-REZ-2022-000017). [SEE TESTIMONY TRANSCRIPT EXHIBIT A] At 9:41 a.m. four individuals in person and two individuals via Zoom provided testimony regarding New Business Item 2, SHAWN MAILE NAKOA, ESQ. (PL-REZ-2022-000017). [SEE TESTIMONY TRANSCRIPT EXHIBIT B] 1 Leeward Planning Commission November 17,2022,Meeting Minutes There being no further public testimony at this time, Chairman Vitousek ended this agenda item at 10:08 a.m. and called a short recess. He called the meeting back to order at 10:14 a.m. UNFINISHED BUSINESS 1. 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-acres (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 10:14 a.m. with seven people from the public in the audience. Commissioner Kanuha recused himself due to his property being adjacent to the subject property. One individual from the public provided testimony in person regarding this item. Action: 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. Chairman Vitousek moved to amend the motion to include the following condition: "An archaeological field inspection shall be submitted for the review and approval of the State Department of Land and Natural Resources—State Historic Preservation Division prior to the issuance of any land alteration permits or the submittal of plans for Final Subdivision Approval, whichever occurs first. If the Archaeological Field Inspection identifies historic properties, an Archaeological Inventory Survey shall be prepared. The Applicant shall implement any preservation measures, which shall be shown on the final plat map, as recommended in the Archaeological Inventory Survey or subsequent preservation plans." Commissioner Knowles seconded the subsidiary motion. A roll call vote was taken, and the subsidiary motion carried with five ayes (Vitousek, Knowles, DeFranco, Dela Cruz, and Paishon-Duarte), no noes, and one recused (Kanuha). A roll call vote was taken on the main motion as amended, and the motion carried with five ayes (Knowles, Dela Cruz, DeFranco, Paishon-Duarte, and Vitousek), no noes, and one recused (Kanuha). The hearing ended at 10:58 a.m. [SEE HEARING TRANSCRIPT EXHIBIT Q 2 Leeward Planning Commission November 17,2022,Meeting Minutes Chairman Vitousek called a short recess at 10:58 a.m. At this time, Director Kern left the meeting, and Deputy Director Darrow took the seat to represent the Planning Department. Chairman Vitousek called the meeting back to order at 11:06 a.m. NEW BUSINESS 2. APPLICANT: SHAWN MAILE NAKOA, ESQ. (PL-REZ-2022-000017) Application for a Change of Zone from an Agricultural-5 acres (A-5a) to a Family Agricultural-1 acre (FA-la) zoning district for 5.29 acres of land. The subj ect property is located at 77-6632 A Kuakini Highway, approximately 0.25 miles northwest of its intersection with Kamehameha III Road, Pahoehoe 1"-Kapalaalaea 2nd (Beach Sec.), North Kona, Hawaii, TMK: (3) 7-7-008:062. The Commission took up this item at 11:06 a.m. with five people from the public in the audience. Commissioner Paishon-Duarte recused herself for the reason that she is related to the applicant. Two individuals from the public provided testimony via Zoom regarding this item. Action: It was moved by Commissioner Knowles and seconded by Commissioner Kanuha that a favorable recommendation be forwarded to the County Council, based on the Deputy Planning Director's recommendation. A roll call vote was taken, and the motion carried with five ayes (Knowles, Kanuha, DeFranco, Dela Cruz, and Vitousek), no noes, and one recused (Paishon-Duarte). The hearing ended at 12:06 p.m. [SEE HEARING TRANSCRIPT EXHIBIT DJ PLANNING DIRECTOR'S REPORT Report on Special Management Area (SMA) determinations and minor permits issued by the Planning Director. At 12:06 p.m. Chairman Vitousek introduced this item and opened the floor to public testimony. Ms. Simmy McMichael provided the following statement via Zoom: "I'm still following up from the last testimony that Alex was supposed to send me the update, and it's January, it was supposed to show me that it was on that report, but I never got that report. And the permit was from 2022, but then Alex sent me the permits of 2019, and he added three lots, not just Lot No. 19; he added 19, 13, 4, which is the Kahalu`u Historic District. So, I'm still awaiting that process. And this is a historic property, and it's still being done with all, no SMA permit, and it's being allowed to be grubbing and grading without any permit. And when they find inadvertent finds, SHPD is called, SHPD can't get on. So, how do we deal going forward on less than one acre and 7,500 square feet of construction? And development also means destruction of historical sites." Chairman Vitousek suggested that the staff follow up with Ms. McMichael and address her concerns outside of this meeting. Mr. Kay responded in agreement and said that staff were in 3 Leeward Planning Commission November 17,2022,Meeting Minutes receipt of additional questions from Ms. McMichael and conducting research on them in order to respond. Mr. Kay said that the SMA report for the month of October had been sent to the Commissioners. He then clarified that the intent of this agenda item is to provide to the Commission an opportunity to review the SMA determinations and minor permits issued in the preceding month and ask questions about that particular report. He said that the item description on future agendas would be worded more explicitly to reflect the intent. There were no questions from the Commissioners regarding the October report. AGENDA ITEMS FOR NEXT MEETING At 12:10 p.m. Mr. Kay said that there were one Change of Zone application and one Special Permit application on the next meeting agenda. He further said that a long meeting was anticipated because of the Change of Zone application by Kona Three, LLC. Mr. Kay noted that election of the officers for next year would also be on the agenda. There was a brief dialogue among the Commissioners about their membership terms. Chairman Vitousek, whose term will end in March 2023, asked the Commissioners to think about who the next chairperson should be. ANNOUNCEMENTS The Leeward Planning Commission's next monthly meeting is scheduled for Thursday, December 15, 2022 at the West Hawaii Civic Center, Community Center, Building G conference room and the public can also testify via Zoom. At 12:12 p.m. Mr. Kay said that although the announcement at the previous meeting had been that the future meeting venue was going to be the Kona Council Chambers, the next few meetings might be held in the current location, Building G, due to an unforeseen equipment issue. ADJOURNMENT There being no further business, it was moved by Vice Chair DeFranco 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 12:13 a.m. Respectfully submitted, Noriko Sauer, Secretary ATTEST: Michael Vitousek, Chairman Leeward Planning Commission 4 Leeward Planning Commission November 17,2022,Meeting Minutes