The URL can be used to link to this page

Home My WebLink About2023-01-19 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAI`I MINUTES JANUARY 19, 2023 The Leeward Planning Commission met in regular session at 9:35 a.m. in the West Hawaii Civic Center, Council Chambers, Building A, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii, with Chairperson Barbara DeFranco presiding. This meeting was streamed live on YouTube. COMMISSIONERS PRESENT: Barbara DeFranco, Zaheva Knowles,Michael Dela Cruz, Mahina Paishon-Duarte, and Michael Vitousek ABSENT AND EXCUSED: Clement"CJ" Kanuha III 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), Christian Kay (Planner), Clinton Mercado (Planner), Janice Hata (Zoom host), and Noriko Sauer(Commission Secretary) And approximately ten public members in the audience. A quorum was present. Chair DeFranco called the meeting to order and introduced Commissioners and staff. APPROVAL OF MINUTES At 9:37 a.m. Chair DeFranco stated that approval of the minutes of the December 15, 2022, meeting was postponed until the next meeting. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS At 9:37 a.m. Chair DeFranco opened the floor to public testimony. She 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 specific agenda item was called to order. Two individuals provided testimony in person regarding New Business Items No. 1, AHU POHAKU HO`OMALUHIA LLC (PL-SMA-2022-000018),No. 2 AHU POHAKU HO`OMALUHIA LLC (PL-SPP-2022-000018), and No. 3 CHARLES STEVENSON, ANN STEVENSON & JOHN FUMO (PL-REZ-2022-000035). [SEE TESTIMONY TRANSCRIPT EXHIBIT A] There being no further public testimony at this time, Chair DeFranco closed this agenda item at 9:54 a.m. 1 Leeward Planning Commission January 19,2023,Meeting Minutes NEW BUSINESS 1. APPLICANT: AHU POHAKU HO`OMALUHIA LLC (FORMERLY ROBERT WATKINS AND JEAN SUNDERLAND) (PL-SMA-2022-000018) Application for an amendment to Special Management Area(SMA)Use Permit No. 417 to increase the number of guest rooms from 16 to 36 by constructing 20 additional guest rooms at Hawaii Island Retreat, on an approximately 5.0-acre portion of a 14.5-acre parcel of land situated in the Special Management Area. The subject property is located at 54-250 Lokahi Road, approximately 1.2 miles northeast(makai) of Akoni Pule Highway, Hanaula and Honopueo,North Kohala, Hawaii, TMK: (3) 5-4-009:014 (por). 2. APPLICANT: AHU POHAKU HO`OMALUHIA LLC (FORMERLY ROBERT WATKINS AND JEAN SUNDERLAND) (PL-SPP-2022-000018) Application for an amendment to Special Permit No. 1117 to increase the number of guest rooms from 16 to 36 by constructing 20 additional guest rooms at Hawaii Island Retreat, on an approximately 5.0-acre portion of a 14.5-acre parcel of land situated in the State Land Use Agricultural District. The subject property is located at 54-250 Lokahi Road, approximately 1.2 miles northeast(makai) of Akoni Pule Highway, Hanaula and Honopueo,North Kohala, Hawaii, TMK: (3) 5-4-009:014 (por). Chair DeFranco recused herself from these two items due to a conflict of interest. Pursuant to Planning Commission Rules 1-4(d), Vice Chairperson Zaheva Knowles assumed the duties of the chairperson. The Commission took up these two items simultaneously at 9:54 a.m.,with approximately ten public members in the audience. Following the introduction of the items, Vice Chair Knowles opened the floor to public testimony. Two individuals in person and one individual via Zoom provided testimony. [SEE HEARING TRANSCRIPT EXHIBIT BJ Vice Chair Knowles stated that the Commission had received three petitions for standing in a contested case hearing, covering both applications, and that the Commission's first order of business was to determine whether to grant or deny those petitions. It was moved by Commissioner Vitousek and seconded by Commissioner Dela Cruz that the Commission consolidate the petitions as filed so that the Commission can hear each petition's request to intervene in the Agenda Items 1 and 2 at the same time since they are substantially the same parties and issues. A roll call vote was taken, and the motion carried with four ayes (Vitousek, Dela Cruz, Paishon-Duarte, and Knowles), no noes, and one absent and excused (Kanuha). Action on Petition of Charles A. Anderson,Trustee of the Charles A.Anderson Trust: It was moved by Commissioner Vitousek and seconded by Commissioner Dela Cruz that the petition be granted. A roll call vote was taken, and the motion carried with four ayes (Vitousek, Dela Cruz, Paishon-Duarte, and Knowles), no noes, and one absent and excused (Kanuha). 2 Leeward Planning Commission January 19,2023,Meeting Minutes Action on Petition of EWM Enterprises, LP, by and through Charles A.Anderson: It was moved by Commissioner Vitousek and seconded by Commissioner Dela Cruz that the petition be granted. A roll call vote was taken, and the motion carried with four ayes (Vitousek, Dela Cruz, Paishon-Duarte, and Knowles), no noes, and one absent and excused (Kanuha). Action on Petition of Kohala Makani Kai, LLC,by and through Charles A. Anderson: It was moved by Commissioner Vitousek and seconded by Commissioner Dela Cruz that the petition be granted. A roll call vote was taken, and the motion carried with four ayes (Vitousek, Dela Cruz, Paishon-Duarte, and Knowles), no noes, and one absent and excused (Kanuha). It was moved by Commissioner Vitousek and seconded by Commissioner Paishon-Duarte that the Commission hire a hearings officer to conduct a contested case hearing on these applications. A roll call vote was taken, and the motion carried with four ayes (Vitousek, Paishon-Duarte, Dela Cruz, and Knowles),no noes, and one absent and excused (Kanuha). Vice Chair Knowles stated that pursuant to Planning Commission Rule 4-6, the parties were required to participate in mediation first, and that the parties would select a mediator jointly or the Commission would appoint one if the parties failed to agree. This hearing ended at 10:46 a.m. [SEE HEARING TRANSCRIPTEXHIBITBJ Vice Chair Knowles called a short recess at 10:46 a.m. Chair DeFranco resumed her role as presiding officer and called the meeting back to order at 10:58 a.m. 3. APPLICANT: CHARLES STEVENSON,ANN STEVENSON & JOHN FUMO (PL-REZ-2022-000035) Application for a Change of Zone from an Agricultural-20 acres (A-20a) to an Agricultural-10 acres (A-lOa) zoning district for 22.665 acres of land. The subject property is located at 73-4375 Haleamau Street, approximately 570 feet northeast(mauka) of its intersection with Kaloko Drive, Kaloko Mauka Subdivision, Kaloko,North Kona, Hawaii, TMK: (3) 7-3-027:003. The Commission took up this item at 10:58 a.m.,with no public members in the audience. There were no testifiers in person or via Zoom at this time. Action: It was moved by Commissioner Vitousek and seconded by Vice Chair Knowles that a favorable recommendation be forwarded to the County Council, based on the Deputy Planning Director's recommendation, with the revision to Condition D.3. as requested by the applicant in their January 16, 2023, letter. A roll call vote was taken, and the motion carried with five ayes (Vitousek, Knowles, Dela Cruz, Paishon-Duarte, and DeFranco), no noes, and one absent and excused (Kanuha). The hearing ended at 11:40 a.m. [SEE HEARING TRANSCRIPT EXHIBIT C] 3 Leeward Planning Commission January 19,2023,Meeting Minutes PLANNING DIRECTOR'S REPORT Report on Special Management Area (SMA) determinations and minor permits issued by the Planning Director for the month of December 2022. At 11:40 a.m. Chair DeFranco introduced this item and asked if the Commissioners had any questions. There were neither questions nor public testimony. AGENDA ITEMS FOR NEXT MEETING At 11:41 a.m. Chair DeFranco introduced this item and asked if the Commissioners had anything that they wished to agendize for a future meeting. There were none. Chair DeFranco asked staff for information about the next meeting agenda. Ms. Jackson stated that there were four items on the agenda at the moment. Vice Chair Knowles asked staff for an update on filling the North Kohala seat of the Commission. Ms. Jackson responded that the County was still working on finding a North Kohala representative, which had been challenging. ANNOUNCEMENTS The Leeward Planning Commission's next monthly meeting is scheduled for Thursday, February 16,2023 at the County Council Chambers in Kona and the public can also testify via Zoom. The date and venue of the meeting are subject to change. At 11:42 a.m. Chair DeFranco introduced this item and asked staff if there were any announcements. Ms. Jackson provided an update on the matter of Special Management Area Use Permit No. SMA 21-000078 applied by Jekaterina Mysin in 2021; she said that the Commission had granted standing to three petitioners to intervene, two of which had successfully mediated with the applicant and withdrawn their intervention, and that the remaining intervenor and the applicant were proceeding to a contested case hearing. She also said that the Planning Department was in the process of hiring a hearings officer. When asked by Commissioner Vitousek who the remaining intervenor was, Ms. Jackson said that it was Mr. Jeffrey Silva. ADJOURNMENT There being no further business, it was moved by Vice Chair 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. Chair DeFranco adjourned the meeting at 11:44 a.m. Respectfully submitted, ATTEST: Noriko Sauer, Secretary Barbara DeFranco, Chairperson Leeward Planning Commission 4 Leeward Planning Commission January 19,2023,Meeting Minutes