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Home My WebLink About2023-05-19 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAI`I MINUTES MAY 19, 2023 A video recording is made part of these minutes, which can be viewed on the YouTube County of Hawai`i Planning Department channel at h.ljps /fw w w.yo vlube c oinlwJalc h_av 1%Ir dni 8ti Y. Timestamps are provided for reference in accordance with the provisions of Chapter 92, Hawai`i Revised Statutes. In the event the video recording becomes unavailable at the abovementioned URL address,public members can contact the Planning Department for assistance. The Leeward Planning Commission met in regular session at 9:30 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, Mahina Paishon-Duarte, and Michael Vitousek ABSENT AND EXCUSED: Michael Dela Cruz and Clement"CJ" Kanuha III EX-OFFICIO MEMBER: Robyn Matsumoto (via Zoom, Department of Public Works, Engineering Division, for Agenda Item 1) and Kelly Willson (in person, Department of Public Works, Building Division, for Agenda Item 1) ALSO PRESENT: Sinclair Salas-Ferguson, Esq. (Counsel to the Commission), Jean Campbell, Esq. (Counsel to the Planning Department), Zendo Kern (Planning Director, for Agenda Items 2 through 6), Jeffrey Darrow (Deputy Planning Director, for Agenda Item 1), Maija Jackson (Planning Program Manager), Jessica Andrews (Planner), Tracie-Lee Camero (Planner), ClintonMercado (Planner), Alex Roy (Planner), Janice Hata(Zoom host), and Noriko Sauer (Commission Secretary) And approximately 100 public members in the audience. A quorum was present. Chair DeFranco called the meeting to order and introduced Commissioners and staff. She announced that Agenda Item 6, WILLIAM N. MELTON (PL- CCH-2023-000014), was going to be deferred to the next meeting, as there was no quorum for that item due to her recusal. She further said that also for quorum reasons, the Commission would take a lunch recess at 10:30 a.m., reconvene at 11:45 a.m., and adjourn the meeting around 3:30 p.m. APPROVAL OF MINUTES At 9:34 a.m. the Commission took up the minutes of the April 20, 2023, Leeward Planning Commission meeting. It was moved by Commissioner Vitousek and seconded by Commissioner 1 Leeward Planning Commission May 19,2023,Meeting Minutes Paishon-Duarte that the minutes be approved as submitted. No corrections were made. A voice vote was taken, and the motion carried with all in favor. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS At 9:38 a.m. Chair DeFranco opened the floor to public testimony. There were testifiers at the physical location and on Zoom, and they were given the options of speaking at this time or later when the item of their interest was called to order. Chair DeFranco described the procedure. One individual via Zoom and seven individuals in person provided testimony regarding Agenda Item 1, KONA AERIAL GYMNASTIC TEAM INC. (SPP 21-000227) [TIMESTAMP 9:14]. There being no further public testimony at this time, Chair DeFranco concluded this agenda item at 9:59 a.m. UNFINISHED BUSINESS 1. APPLICANT: KONA AERIAL GYMNASTIC TEAM INC. (SPP 21-000227) Application for a Special Permit to legitimize the operation of a youth gymnastic and sports fitness facility and related improvements on an approximately 2.3-acre portion of a larger 23.738-acre property in the State Land Use Agricultural District. The subject property is located at 75-476 Hualalai Road, approximately 700 feet east of its intersection with Queen Ka`ahumanu Highway, Wai`aha I", Puapua`anui I", North Kona, Hawaii, TMK: (3) 7-5-017:044 (por). The Commission took up this item at 9:59 a.m., with approximately 100 public members in the audience [TIMESTAMP 28:44]. Chair DeFranco confirmed with Vice Chair Knowles and Commissioner Paishon-Duarte who had not been on the Commission at the time of previous hearing, that they had received and reviewed the entire records of the matter and were prepared to participate. Twelve individuals provided testimony in person [TIMESTAMP 32:231. At Commissioner Paishon-Duarte's request, Chair DeFranco clarified for the public members that even though they were meeting in the County Council Chambers, they were not members of the County Council, and that they were members of the Leeward Planning Commission who were volunteers from the west side communities. Chair DeFranco called a lunch recess at 10:31 a.m. and reconvened the hearing at 11:48 a.m. The Commission continued with public testimony, with approximately 50 public members in the audience. Eight individuals in person and one individual via Zoom provided testimony [TIMESTAMP 2:18:34]. 2 Leeward Planning Commission May 19,2023,Meeting Minutes There being no further public testimony, Chair DeFranco closed public testimony on this item at 12:16 p.m. Staff presentation by Jessica Andrews [TINIESTAMP 2:48:14]. Applicant presentation by John Pipan (Land Planning Hawaii, LLC) and Nanette Guiffrida(Kona Aerial Gymnastic Team Inc.) [TINIESTAMP 3:22:05]. At 1:38 p.m. it was moved by Commissioner Paishon-Duarte and seconded by Commissioner Vitousek that the Commission go into executive session to consult with its attorney regarding questions and issues pertaining to the Commission's powers, duties,privileges, immunities, and liabilities pursuant to HRS 92-5 [TIMESTAMP 4:07:34]. There were no objections from the other Commissioners. Chair DeFranco called a recess, and the room was cleared. The Commission went into executive session at 1:47 p.m. At 2:03 p.m. it was moved by Commissioner Knowles and seconded by Commissioner Paishon-Duarte that the Commission go out of executive session. A voice vote was taken, and the motion carried with all in favor. Chair DeFranco called the open hearing back to order at 2:08 p.m. [TIMESTAMP 4:36:53] Action: It was moved by Vice Chair Knowles and seconded by Commissioner Vitousek that the application for Special Permit, Docket No. SPP 21-000227, be approved based on the Deputy Planning Director's recommendation, including the Planning Department's revised Conditions [TINIESTAMP 4:39:38]. Commissioner Vitousek made a secondary motion that the main motion be amended with the following changes to the recommended Conditions: Condition No. 4 to include a new sentence, "If Special Permit activities on the subject property exceed 15 acres, the Applicant shall go before the State Land Use Commission for approval"; Condition No. 5 to begin with "Within six (6) months of the effective date of this permit, excepting time the plans are under government review," instead of"Prior to applying for a building permit," and keep the remainder of the Condition unchanged; Condition No. 6 to be replaced with `Building permits for all existing and proposed structures and improvements, including water tanks, septic system and buildings, to be used for the proposed use, shall be obtained and finalized within sixteen (16) months from the issuance of Final Plan Approval, excepting time the plans are under government review"; and Condition No. 17 to be replaced with"Should any of the conditions not be met or substantially complied with in a timely fashion, the permit is null and void"[TIMESTAMP 5:03:03]. Commissioner Knowles seconded the secondary motion. A roll call vote was taken, and the secondary motion carried with four ayes (Vitousek, Knowles, Paishon-Duarte, and DeFranco), no noes, and two absent and excused (Dela Cruz and Kanuha). Commissioner Paishon-Duarte voted aye with reservation[TIMESTAMP 5:07:10]. A roll call vote was taken on the main motion as amended, and the main motion carried with four ayes (Zaheva, Vitousek, Paishon-Duarte, and DeFranco), no noes, and two absent and excused (Dela Cruz and Kanuha). Commissioner Paishon-Duarte voted aye with reservation[TIMESTAMP 5:08:01]. The hearing ended at 2:39 p.m. 3 Leeward Planning Commission May 19,2023,Meeting Minutes Chair DeFranco called a recess at this time and reconvened the meeting at 2:50 p.m. NEW BUSINESS 2. APPLICANT: RENEGADE TOWERS, LLC (PL-USE-2022-000006) Application for a Use Permit to allow the establishment of a telecommunication facility with an 85-foot-tall `monopine' tower and related equipment and improvements within a 2,712-square foot portion of a larger 14.89-acre parcel. The subject property is located at 73-4189 Hawaii Belt Road, on the southeast corner of its intersection with Donahue Road, Makaula-Kalaoa 4 h, North Kona, Hawaii, TMK: (3) 7-3-002:010 (por). The Commission took up this item at 2:50 p.m., with approximately 10 public members in the audience [TIMESTAMP 5:19:42]. Three individuals provided testimony via Zoom [TIMESTAMP 5:22:04]. There being no further public testimony, Chair DeFranco closed public testimony at 3:00 p.m. Staff presentation by Clinton Mercado [TIMESTAMP 5:30:30]. Applicant presentation by Danette Martin (General Dynamics) [TIMESTAMP 5:39:38]. Action: It was moved by Commissioner Vitousek and seconded by Commissioner Paishon-Duarte that the application for Use Permit, Docket No. PL-USE-2022-000006, be approved based on the Planning Director's recommendation[TIMESTAMP 5:53:00]. A roll call vote was taken, and the motion carried with four ayes (Vitousek, Paishon-Duarte, Knowles, and DeFranco), no noes, and two absent and excused (Dela Cruz and Kanuha) [TIMESTAMP 5:53:36]. The hearing ended at 3:24 p.m. Chair DeFranco said that as it had been announced earlier, the Commission was about to lose a quorum since one of the Commissioners had to leave in a few minutes; therefore, the remaining items on the agenda were going to be deferred to the next meeting. 3. APPLICANT: JOAN HUNZIKER (PL-SPP-2023-000036) Application for a Special Permit to allow the establishment of a three-bedroom bed and breakfast operation within an existing dwelling on approximately 1.001 acres of land in the State Land Use Agricultural District. The subject property is located at 75-495 Nani Kailua Drive, approximately 0.25 miles east(mauka) of its intersection with Hienaloli Road, Pua`a 3rd — `Auhaukea`e I", North Kona, Hawaii, TMK: (3) 7-5-012:091. Upon inquiry by Chair DeFranco, the applicant's representative, Sidney Fuke, stated that the applicant requested that the hearing be deferred to the July 20, 2023, meeting due to her schedule conflict with the Commission's next meeting date in June [TIMESTAMP 5:55:17]. 4 Leeward Planning Commission May 19,2023,Meeting Minutes 4. APPLICANT: HAMAKUA HEALTH CENTER INC. DBA HAMAKUA-KOHALA HEALTH (PL-SPP-2023-000038) Application for a Special Permit to establish a transitional clinic and workforce housing, including accessory structures and uses on 4.321 acres of land in the State Land Use Agricultural District. The subject property is located at 54-3793 Akoni Pule Highway, at the northwestern corner of its intersection with Maluhia Road, Ohanaula and Honopueo, North Kohala, Hawaii, TMK: (3) 5-4-005:011 (por). 5. APPLICANT: HAMAKUA HEALTH CENTER INC. DBA HAMAKUA-KOHALA HEALTH (PL-USE-2023-000010) Application for a Use Permit to establish a permanent medical clinic and caretakers' residence, including accessory structures and uses on 1.322 acres of land in the Single Family Residential-15,000 square feet(RS-15) zoning district. The subject property is located at 54-3793 Akoni Pule Highway, at the northwestern corner of its intersection with Maluhia Road, Ohanaula and Honopueo, North Kohala, Hawaii, TMK: (3) 5-4-005:011 (por). Upon inquiry by Chair DeFranco, the applicant's representative, Katherine Garson, Esq. from Carlsmith Ball, stated that the applicant requested that both Agenda Items 4 and 5 be deferred to the July 20, 2023, meeting due to their schedule conflict with the Commission's next meeting date in June [TIMESTAMP 5:56:14]. 6. PETITIONER: WILLIAM N. MELTON (PL-CCH-2023-000014) Consideration of a Petition for Standing in a Contested Case Hearing filed by William N. Melton to contest applications submitted by Ahu Pohaku Ho`omaluhia LLC (formerly Robert Watkins and Jean Sunderland) to amend Special Permit No. 1117 and Special Management Area Use Permit No. 417 to increase the number of guest rooms from sixteen to thirty-six by constructing twenty 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 and the State Land Use Agricultural District. Deferred as announced earlier. PLANNING DIRECTOR'S REPORT 1. Report on Special Management Area (SMA) determinations and minor permits issued by the Planning Director for the month of April 2023. Deferred. 2. Presentation by the Planning Department on next steps that will be taken to develop strategies, ideas, and a plan to evaluate cumulative impacts of single-family dwelling development on the overall character of the Puako community. Deferred. 5 Leeward Planning Commission May 19,2023,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. Deferred. ANNOUNCEMENTS The Leeward Planning Commission's next monthly meeting is scheduled for Thursday, June 15, 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 3:27 p.m. Chair DeFranco asked staff if there were any announcements that needed to be made. Ms. Jackson responded that there were tentatively five items on the next meeting 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. Chair DeFranco adjourned the meeting at 3:27 p.m. Respectfully submitted, Noriko Sauer, Secretary ATTEST: Barbara DeFranco, Chairperson Leeward Planning Commission 6 Leeward Planning Commission May 19,2023,Meeting Minutes