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Home My WebLink About2023-03-16 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAI`I MINUTES MARCH 16, 2023 The Leeward Planning Commission met in regular session at 9:32 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 (until 10:49 a.m.), 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), Zendo Kern (Planning Director), Jeffrey Darrow (Deputy Planning Director), Maija Jackson (Planning Program Manager), Alex Roy (Planner), Christian Kay (Planner), Jessica Andrews (Planner), Janice Hata(Zoom host), and Noriko Sauer (Commission Secretary) And six 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 9:34 a.m. the Commission took up the minutes of the December 15, 2022, and January 19, 2023, Leeward Planning Commission meetings. No corrections were offered. It was moved by Commissioner Vitousek and seconded by Vice Chair 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. Chair DeFranco opened the floor to public testimony. She explained the procedure and Planning Commission Rule 1-5 regarding decorum. Testifiers were given the options of speaking at this time or later at the time the specific agenda item was called to order. There were no testifiers who wished to speak at this time, and Chair DeFranco closed this agenda item at 9:38 a.m. NEW BUSINESS 1. APPLICANT: FRANK SIRLIN (PL-SMA-2022-000024) Application for a Special Management Area(SMA) Use Permit to demolish an existing single-family dwelling and accessory building and construct a two-story, 3,023-square foot, 4-bedroom, 5.5-bath single-family residence and related improvements which include two (2) two-car garages, an in-ground swimming pool, spa, and lanais, on 0.38 acres of land situated within the SMA. The subject property is located at 69-1882 Puak6 Beach Drive, on the makai 1 Leeward Planning Commission March 16,2023,Meeting Minutes side of the road approximately 1.75 miles southwest along Puak6 Beach Drive from the Puak6 Boat Ramp, por. of Puak6 Beach Lots, Lalamilo, South Kohala District, Hawaii, TMK: (3) 6-9-006:025. The Commission took up this item at 9:38 a.m., with seven people from the public in the audience. There was no one from the public who wished to testify regarding this agenda item. Action: It was moved by Vice Chair Knowles and seconded by Commissioner Dela Cruz that the application for a Special Management Area Use Permit, Docket No. SMA 2022-024, be approved based on the Deputy Planning Director's recommendation, which shall be adopted. A roll call vote was taken, and the motion carried with five ayes (Knowles, Dela Cruz, Paishon-Duarte, Vitousek, and DeFranco), no noes, and one absent and excused (Kanuha). Commissioner Paishon-Duarte voted aye with reservation. The hearing ended at 10:49 a.m. [SEE HEARING TRANSCRIPT EXHIBIT A] Chair DeFranco stated that she was recusing herself from Agenda Items 2, 3 and 4 due to a conflict of interest. She called a recess and left the meeting at 10:49 a.m. In the absence of the chairperson, Vice Chair Knowles assumed the duties of the presiding officer and called the meeting back to order at 11:05 a.m. 2. INITIATOR: PLANNING DIRECTOR INITIATED (PL-PDI-2022-000004) The Planning Director has initiated the repeal of Change of Zone Ordinance No. 95 70 and No. 98 63 and amending Section 25-8-2 (North and South Kona Districts Zone Map), Chapter 25, Article 8, of the Hawaii County Code 1983 (2016 edition, as amended), by reverting the current zoning of the subject properties from Agricultural 1-acre (A-la), Agricultural 3-acres (A-3a), Agricultural 200-acres (A-200a), Agricultural 255-acres (A-255a), and Agricultural 8,000-acres (A-8000a) to their original, Agricultural 20-acres (A-20a) zoning district for 11,185.708 acres of land. The rezone area, consisting of six parcels begins approximately 1.2 miles east(mauka) of Hawaii Belt Road in the vicinity of Greenwell Mountain Road and extends approximately 8.6 miles further east(mauka) at Kealakekua, Kiloa, Waipunaula, Kalama, Kumu, and Kalamakowali, North Kona, Hawaii, TMKs: (3) 8-2-012:001, 012, 013, 014 (por.), 015 and (3) 8-2-001:101. Vice Chair Knowles introduced this item at 11:05 a.m. Commissioner Vitousek announced that he was recusing himself from this agenda item. Vice Chair Knowles noted that the Commission would defer discussion and action on this agenda item since there was no quorum at this time. She opened the floor to public testimony, and two individuals provided testimony in person. Director Kern noted that if the Commission cannot make a quorum within 60 days, the code considers the Commission's inaction as a de facto negative recommendation and requires his proposal to be submitted to the County Council with such recommendation. Vice Chair Knowles closed this agenda item at 11:15 a.m. [SEE HEARING TRANSCRIPT EXHIBIT B] 2 Leeward Planning Commission March 16,2023,Meeting Minutes 3. 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). 4. 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). The Commission took up these two items simultaneously at 11:15a.m., with one public member in the audience. These applications are being opposed by three intervenors who were granted standing in a contested case at the previous hearing on January 19, 2023. The parties to the contested case who were present at this time: Michael Matsukawa, Esq. (Counsel for Applicant), Jean Sunderland (Applicant's Representative), Sidney Fuke (Planning Consultant for Applicant via Zoom), Edmund Haitsuka, Esq. (Counsel for Intervenors), Charles Anderson (Agent for Intervenors), Jean Campbell, Esq. (Counsel for the Planning Director), and Zendo Kern (Planning Director) Vice Chair Knowles opened the floor to public testimony, and one individual provided testimony via Zoom; however, his Zoom connection failed, and he was unable to complete his testimony. The parties stated that they were unsuccessful in their efforts to reach an informal agreement, and that they would participate in mediation and potentially in a contested case hearing. Action: Commissioner Vitousek moved, and Commissioner Paishon-Duarte seconded, to defer these applications to a future hearing upon successful completion of mediation or conclusion of the contested case hearing. 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). Chair DeFranco had recused herself and left the meeting earlier. The hearing adjourned at 11:26 a.m. [SEE HEARING TRANSCRIPT EXHIBIT Q PLANNING DIRECTOR'S REPORT Report on Special Management Area (SMA) determinations and minor permits issued by the Planning Director for the months of January and February 2023. At 11:26 a.m. Vice Chair Knowles introduced this item and noted that the reports had been distributed to the Commissioners on March 2nd. There were neither questions nor public testimony regarding those reports. 3 Leeward Planning Commission March 16,2023,Meeting Minutes AGENDA ITEMS FOR NEXT MEETING The Commissioners will comment on matters not on the current agenda, for consideration for the Commission's next meeting. At 11:26 a.m. Vice Chair Knowles introduced this item and asked if the Commissioners had anything that they wished to agendize for a future meeting. Commissioner Vitousek reiterated a request made earlier by Commissioner Paishon-Duarte during Agenda Item 1 and suggested that a presentation by the Planning Department about cumulative development impacts in the Puak6 community be agendized. Upon being asked by Vice Chair Knowles, Ms. Jackson requested at least two months for the Planning Department to prepare the presentation. ANNOUNCEMENTS The Leeward Planning Commission's next monthly meeting is scheduled for Thursday, April 20, 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 11:27 a.m. Vice Chair Knowles introduced this item and asked staff if there were any announcements. Ms. Jackson announced that a joint meeting of the Leeward and Windward Planning Commissions was also scheduled for the same day where the Commissions would consider amendments to its Rule 8, Shoreline Setback, and Rule 9, Special Management Area. She added that those Rules would be amended to conform to recently changed state law. She said that the joint meeting was tentatively planned to convene at 9:00 a.m. followed by the Leeward Planning Commission meeting after lunch, which currently had four items on the agenda. ADJOURNMENT There being no further business, it was moved by Commissioner Vitousek and seconded by Commissioner Paishon-Duarte that the meeting be adjourned. A voice vote was taken, and the motion carried with all in favor. Vice Chair Knowles adjourned the meeting at 11:29 a.m. Respectfully submitted, Noriko Sauer, Secretary ATTEST: Barbara DeFranco, Chairperson Leeward Planning Commission 4 Leeward Planning Commission March 16,2023,Meeting Minutes