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Home My WebLink About2022-12-15 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAI`I MINUTES DECEMBER 15, 2022 The Leeward Planning Commission met in regular session at 9:36 a.m. in the West Hawaii Civic Center, Council Chambers, Building A, 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 III, Zaheva Knowles, and Mahina Paishon-Duarte ABSENT AND EXCUSED: Michael Dela Cruz ALSO PRESENT: Sinclair Salas-Ferguson, 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), Christian Kay (Planner), Clinton Mercado (Planner), Maryam Palma (Planner), Janice Hata(Zoom host), and Noriko Sauer (Commission Secretary) VIA ZOOM: Bryce Harada (Civil Engineer, Department of Public Works, until 12:17 p.m.) And approximately 40 public members in the audience. A quorum was present. Chairman Vitousek called the meeting to order and introduced Commissioners and staff. Secretary's Note: This meeting was held in a new meeting venue, using new audio equipment, and the microphone setting was not turned on correctly; therefore, the audio quality was such that the secretaries were unable to effectively transcribe the hearing despite their best efforts. For those who wish to view the video recording, timestamps are provided below for the video on the YouTube County of Hawai`i Planning Department channel: https://www.youtube.com/watch?v Eq pa8nNfg8 APPROVAL OF NHNUTES At 9:39 a.m. the Commission took up the minutes of the November 17, 2022, Leeward Planning Commission meeting. No corrections were offered. It was moved by Vice Chair DeFranco 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. 1 Leeward Planning Commission December 15,2022,Meeting Minutes STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS At 9:40 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. Two individuals in person and one individual via Zoom provided testimony regarding New Business Item 1, KONA THREE, LLC (PL-REZ-2022-000033)[YOUTUBE VIDEO TIMESTAMP 12:131. There being no further public testimony at this time, Chairman Vitousek concluded this agenda item at 9:55 a.m. NEW BUSINESS 1. APPLICANT: KONA THREE, LLC (PL-REZ-2022-000033) Application for a ten (10)-year time extension to Condition I (Complete Construction of the First Increment on RM Zoned lands) and an amendment to Condition N (Roadway Standards) to clarify which roadways within the subdivision are subject to the County Dedicable Standards, of Ordinance No. 02 131. Ordinance No. 02 131 was a successor ordinance to Ordinance No. 84 23, which reclassified two (2)parcels of land totaling 68.837 acres of land from an Unplanned to a Multiple Family Residential-5,000 square feet(RM-5) zoned district. The subject properties are located along the east(mauka) side of the Queen Ka`ahumanu Highway at its junction with Kuakini Highway and between Pualani Estates subdivision to the north and Kona Vistas to the south, por. Hdlualoa Hui Lands, H61ualoa 1, 2, & 3,North Kona, Hawaii, TMKs: (3) 7-6-021:016 & 017. The Commission took up this item at 9:55 a.m. with approximately 40 people from the public in the audience[YOUTUBE VIDEO TIMESTAMP 24:371. Following the introduction of this item, Chairman Vitousek called for a recess at 9:58 a.m. to allow the Commission the time to review additional materials, including public testimony,that came in within 48 hours of the meeting. In response to a question from the audience, Mr. Kay stated that the Sunshine Law requires such materials to be withheld until the meeting. Chairman Vitousek reconvened the hearing at 10:30 a.m. Staff presentation by Christian Kay[YOUTUBE VIDEO TIMESTAMP 1:02:191. Applicant presentation by Daryn Arai (Land Use Planning Consultant), Michael Matsukawa, Esq., David Yamasaki (Traffic Engineer, SSFM International Inc.), Glenn Escott(Senior Archaeologist, Scientific Consultants Services, Inc.), Robert Williams (Kona Three, LLC), and Richard Wheelock (Kona Three, LLC) [YOUTUBE VIDEO TIMESTAW 1:24:451. Chairman Vitousek called a short recess at 12:08 p.m. and reconvened the hearing at 12:15 p.m. Chairman Vitousek called a lunch recess at 12:17 p.m. and reconvened the hearing at 12:50 p.m. 2 Leeward Planning Commission December 15,2022,Meeting Minutes At 12:50 p.m. 17 individuals in person and one individual via Zoom provided testimony [YOUTUBE VIDEO TIMESTAW 3:20:181. Chairman Vitousek called for a recess at 1:34 p.m. with the purpose of maintaining decorum. He brought the hearing back to order at 1:40 p.m. At 1:52 p.m. there being no more testifiers, it was moved by Vice Chair DeFranco and seconded by Commissioner Kanuha that public testimony be closed. A voice vote was taken, and the motion carried with all in favor[YOUTUBE VIDEO TIMESTAW 4:22:171. Chairman Vitousek called for a recess at 2:36 p.m. with the purpose of maintaining decorum. He brought the hearing back to order at 2:41 p.m. Action: It was moved by Vice Chair DeFranco and seconded by Commissioner Paishon-Duarte that the Commission defer this agenda item[YOUTUBE VIDEO TIMESTAW 4:37:061. Chairman Vitousek made a subsidiary motion that the project be reviewed by the County Cultural Resources Commission[YOUTUBE VIDEO TIMESTAW 4:41:231. Commissioner Knowles seconded the subsidiary motion. A roll call vote was taken, and the subsidiary motion carried with five ayes (Vitousek, Knowles, DeFranco, Kanuha, and Paishon-Duarte), no noes, and one absent and excused (Dela Cruz)[YOUTUBE VIDEO TIMESTAW 4:46:331. A roll call vote was taken on the main motion as amended, and the main motion carried with five ayes (DeFranco, Paishon-Duarte, Kanuha, Knowles, and Vitousek),no noes, and one absent and excused (Dela Cruz)[YOUTUBE VIDEO TIMESTAW 5:12:481. The hearing was adjourned at 2:43 p.m. 2. APPLICANT: CARL AND CHRISTINE CARLSON (PL-SPP-2022-000024) Application for a Special Permit to allow a one-bedroom bed and breakfast establishment within an existing single-family dwelling on 2.832 acres of land in the State Land Use Agricultural District. The subject property is located at 72-4857 Ho`omdlie Place, approximately 800 feet northwest(makai) of its intersection with Mdmalahoa Highway, Kuki`o 2nd and Manini`6wali,North Kona, Hawaii, TMK: (3) 7-2-004:027. This application had been withdrawn by the applicant. There were no statements from the public. PLANNING DIRECTOR'S REPORT [YOUTUBE VIDEO TIMESTAW 5:13:211 Report on Special Management Area (SMA) determinations and minor permits issued by the Planning Director for the month of November 2022. At 2:43 p.m. Chairman Vitousek introduced this item and said that the reports for November 2022 had been distributed to the Commissioners earlier. Deputy Director Darrow had nothing further to report, and no questions were asked by the Commissioners. There were no statements from the public. 3 Leeward Planning Commission December 15,2022,Meeting Minutes ELECTION OF OFFICERS [YOUTUBE VIDEO TIMESTAW 5:13:451 At 2:44 p.m. Chairman Vitousek opened the floor for nominations for chairperson. He nominated Vice Chair DeFranco. There were no other nominations, and Vice Chair DeFranco accepted her nomination. A voice vote was taken, and the nomination was approved unanimously. Vice Chair DeFranco was elected chairperson for 2023. Chairman Vitousek opened the floor for nominations for vice chairperson. Vice Chair DeFranco nominated Commissioner Knowles. There were no other nominations, and Commissioner Knowles accepted her nomination. A voice vote was taken, and the nomination was approved unanimously. Commissioner Knowles was elected vice chairperson for 2023. AGENDA ITEMS FOR NEXT MEETING There were no discussions. ANNOUNCEMENTS [YOUTUBE VIDEO TIMESTAW 5:15:331 The Leeward Planning Commission's next monthly meeting is scheduled for Thursday, January 19,2023 at the West Hawaii Civic Center, Council Chambers,Building A, and the public can also testify via Zoom. The date and venue of the meeting are subject to change. At 2:45 p.m. Chairman Vitousek asked staff for updates on the agenda. Ms. Jackson said that the agenda for the January 19, 2023, meeting presently had one Change of Zone application, amendments to SMA Permit and Special Permit for one project, and another application for Special Permit amendment. ADJOURNMENT There being no further business, it was moved by Commissioner Kanuha and seconded by Commissioner Paishon-Duarte that the meeting be adjourned. A voice vote was taken, and the motion carried with all in favor. Chairman Vitousek adjourned the meeting at 2:47 p.m. Respectfully submitted, Noriko Sauer, Secretary ATTEST: Barbara DeFranco, Chairperson Leeward Planning Commission 4 Leeward Planning Commission December 15,2022,Meeting Minutes