HomeMy WebLinkAbout2023-06-15 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION
COUNTY OF HAWAI`I
MINUTES
JUNE 15, 2023
The Leeward Planning Commission met in regular session at 9:34 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,
Clement"CJ" Kanuha III, and Michael Vitousek.
ABSENT AND EXCUSED: Mahina Paishon Duarte.
ALSO PRESENT: Sinclair Salas-Ferguson, Esq. (Counsel to the Commission), Jean Campbell,
Esq. (Counsel to the Planning Department), Zendo Kern (Planning Director), Alex Roy
(Planner), Christian Kay (Planner), Janice Hata(Zoom Host), Maija Jackson (Planning Program
Manager), Noriko Sauer(Commission Secretary) and Melissa Dacayanan-Salvador
(Commission Secretary).
Approximately ten public members were in the audience.
A quorum was present. Chairperson DeFranco called the meeting to order and introduced
Commissioners and staff.
Chairperson DeFranco stated it was their dear Secretary Noriko Sauer's last meeting today and
has been a wonderful secretary who kept track of all the Leeward Planning Commission matters
for a very long time and they will miss her. Director Kern honored and appreciated Noriko
Sauer on behalf of the Leeward Planning Commission, the Planning Department, the Mayor's
Office, and the entire County of Hawaii. He stated her service has been amazing and it has been
an absolute pleasure to work with Noriko. He said, she is such a public servant and has a heart
of gold and is always smiling and goes the extra mile. He presented a certificate of appreciation
signed by Mayor Mitchell Roth and appreciation was shown to Noriko by presenting her with
leis by some commissioners and staff in attendance.
APPROVAL OF MINUTES
At 9:38 a.m. the Commission took up the minutes of the May 19, 2023, Leeward Planning
Commission meeting. No corrections were offered. It was moved by Commissioner Vitousek
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.
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June 15,2023 Minutes
STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS
At 9:39 a.m. Chairperson DeFranco explained the procedure for testifying 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.
One individual provided testimony in person and three individuals provided testimony on Zoom
regarding New Business Items No. 1 KA`UPULEHU LAND LLC (PL-SLU-2022-000008) ,
and No. 2 KA`UPULEHU LAND LLC (PL-REZ-2022-000039). [SEE TESTIMONY
TRANSCRIPT EXHIBIT A]
There being no further public testimony at this time, this agenda item ended at 10:14 a.m.
NEW BUSINESS
1. APPLICANT: KAUPULEHU LAND LLC (PL-SLU-2022-000008)
Application for a State Land Use Boundary Amendment from Agricultural to Rural for
2.653 acres of land. The subject property is located at 64-983 Mamalahoa Highway,
approximately one mile east of its intersection with Kawaihae Road, Pu`ukapu
Homesteads, South Kohala, Hawaii, TMK: (3) 6-4-024:027 (por.).
2. APPLICANT: KAUPULEHU LAND LLC (PL-REZ-2022-000039)
Application for a Change of Zone from an Agricultural-5 acre (A-5a) zoning district to a
Neighborhood Commercial-10,000 square feet(CN-10) zoning district for 2.325 acres of
land and from an Agricultural-5 acre (A-5a) zoning district to a Residential Agricultural-
0.5 acre (RA-0.5) zoning district for 3.024 acres of land. The subject property is located
at 64-983 Mamalahoa Highway, approximately one mile east of its intersection with
Kawaihae Road, Pu`ukapu Homesteads, South Kohala, Hawaii, TMK: (3) 6-4-024:027.
The Commission took up these two items simultaneously at 10:15 a.m. with approximately 10
public members in the audience.
There were no in-person or Zoom testifiers for this agenda item.
Action: It was moved by Commissioner Knowles and seconded by Commissioner Dela Cruz
that a favorable recommendation be forwarded to the County Council on the application for State
Land Use Boundary Amendment Permit No. PL-SLU-2022-000008, based on the Planning
Director's recommendation. A roll call vote was taken, and the motion did not carry with two
ayes (Dela Cruz and DeFranco), two noes (Knowles and Vitousek), one abstain (Kanuha) and
one absent and excused (Paishon-Duarte).
It was moved by Commissioner Knowles and seconded by Commissioner Vitousek that a
favorable recommendation be forwarded to the County Council on Change of Zone Permit No.
PL-REZ-2022-000029 based on the Planning Director's recommendation. A roll call vote was
taken, and the motion did not carry with three ayes (Dela Cruz, Kanuha, and DeFranco), two
noes (Knowles and Vitousek) and one absent and excused (Paishon-Duarte).
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June 15,2023 Minutes
Planning Program Manager Maija Jackson stated no decision was made on both items as both
motions had failed. She cited the County Code states the Planning Commission needs to make a
valid vote one way or another within 90 days after receipt of the application from the Planning
Director. She mentioned an option would be to defer to the next hearing and see whether the
votes change and if there is still not a valid vote on to be transferred to the County Council.
It was moved by Commissioner Kanuha and seconded by Commissioner Vitousek to defer
agenda Item No. 2 to the next Commission meeting. Commissioner Knowles inquired if it
would be possible for the Commission to hear from a representative from the Department of
Transportation. Director Kern stated a request will certainly be made. The applicant concurred
with the deferral. A roll call vote was taken, and the motion carried with five ayes (Kanuha,
Vitousek, Dela Cruz, Knowles, and DeFranco), no noes, and one absent and excused (Paishon-
Duarte).
It was moved by Commissioner Knowles and seconded by Commissioner Dela Cruz to defer
agenda Item No. 1 to the next Commission meeting. The applicant concurred with the deferral.
A roll call vote was taken, and the motion carried with five ayes (Knowles, Dela Cruz, Kanuha,
Vitousek, and DeFranco), no noes, and one absent and excused (Paishon-Duarte).
This item ended at 11:14 a.m.[SEE HEARING TRANSCRIPT EXHIBIT B]
3. APPLICANT: 1250 OCEANSIDE LLC (PL-REZ-2023-000042)
Request to amend Condition M (Roadway Dedication) of Change of Zone Ordinance No.
96-08, which reclassified 683.592 acres of land from Agricultural-5 acres and Unplanned
to an Agricultural-1 acre zoning district. The requested amendment would allow relief
from the requirement to dedicate three (3) roadway segments to the County of Hawaii.
The existing roadway segments are situated within the 116kuli`a subdivision on TMK: (3)
8-1-004:070 and TMK: (3) 8-1-030:055 and the subject ordinance also required a future
roadway segment to be built on TMK: (3) 7-9-012:004. The properties subject to the
ordinance are situated east(mauka) and west(makai) of Ali`i Drive in the vicinity of
Haleki`i Street, Honuaino 3rd and 4th, Hokukano 1 st and 2nd, Kanaueue 1 st and 2nd,
Haleki`i, Ke`eke`e 1st and 2nd, Ilikahi, Kanakau 1st and 2nd, Kalukalu 1st, 2nd, & 3rd
and Onouli 1st, North and South Kona, Hawaii, formerly covered by TMK Nos.
(3) 7-9-006:001 (por.), (3) 7-9-012:003 (por.), :004 (por.), & :005 (por.) and
(3) 8-1-004:003 (por.).
At 11:14 a.m. Chairperson DeFranco stated the applicant had withdrawn this application with no
in-person or Zoom testifiers for this agenda item.
PLANNING DIRECTOR'S REPORT
Report on Special Management Area (SMA) determinations, minor permits action issued
by the Planning Director.
At 11:15 a.m. Chairperson DeFranco introduced this item and stated the reports were emailed to
the Commissioners. There were no questions about the log from Commissioners.
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June 15,2023 Minutes
AGENDA ITEMS FOR NEXT MEETING
At 11:15 a.m. Chairperson DeFranco introduced this item. No requests were made by the
Commissioners.
ANNOUNCEMENTS
Chairperson DeFranco announced the Leeward Planning Commission's next monthly meeting is
scheduled for Thursday, July 20, 2023, at the County of Hawaii County Council Chambers in
Kona and the public may provide verbal testimony by interactive video conference via Zoom or
at the physical location. Planning Program Manager Maija Jackson stated there are ten items
tentatively scheduled on the July agenda including the deferral of the applications for
Ka`upulehu Land, LLC. She made a clarification that the 1250 Oceanside LLC (Item 93)
application has been deferred and not withdrawn yet. Commissioner Vitousek inquired if there
are any announcements on new commissioners. Director Kern answered a nominee's name was
transmitted to the County Council and believes it should be heard at the July 5, 2023 Committee
hearing.
ADJOURNMENT
There being no further business, it was moved by Commissioner Knowles and seconded by
Commissioner Vitousek that the meeting be adjourned. A voice vote was taken, and the motion
carried with all in favor. Chairperson DeFranco adjourned the meeting at 11:17 a.m.
Respectfully submitted,
Melissa Dacayanan-Salvador
Secretary
ATTEST:
Barbara DeFranco, Chairperson
Leeward Planning Commission
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Leeward Planning Commission
June 15,2023 Minutes