HomeMy WebLinkAbout2023-08-17 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION
COUNTY OF HAWAI`I
MINUTES
AUGUST 17, 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 hitps:llwww.youtube.com/watch?v—Q7ZnoB/*B3fg
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, the public can contact the Planning Department for assistance.
The Leeward Planning Commission reconvened from the session on Wednesday, September 9,
2023 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, Michael Dela Cruz, and
Mahina Paishon Duarte.
ABSENT AND EXCUSED: Clement"CJ" Kanuha III.
ALSO PRESENT: Suzanna Tiapula, Esq. (Counsel to the Commission), Jean Campbell, Esq.
(Counsel to the Planning Department), Zendo Kern (Planning Director), Christian Kay (Planner),
Jessica Andrews (Planner), Clinton Mercado (Planner), Tracie Camero (Planner), Janice Hata
(Zoom Host), Maija Jackson (Planning Program Manager), and Melissa Dacayanan-Salvador
(Commission Secretary).
Approximately sixteen public members were in the audience.
A quorum was present. Chairperson DeFranco called the meeting to order and introduced
Commissioners and staff.
STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS
At 9:32 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 (Greg Brown)provided testimony in-person regarding New Business Item No. 10
NEW HOPE—WAIKOLOA(PL-SPP-2023-000042) [TIMESTAMP 4:35] and one individual
(Clifford Victorine)provided testimony on Zoom regarding New Business Item No. 12
THOMAS AND LISA TICE (PL-SPP-2023-000044) [TIMESTAMP 8:08].
There being no further public testimony at this time, this agenda item ended at 9:47 a.m.
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NEW BUSINESS
7. APPLICANT: COUNTY OF HAWAI`I DEPARTMENT OF PARKS AND
RECREATION (PL-SMA-2023-000031)
Application for a Special Management Area(SMA) Use Permit to allow improvements to
the Miloli`i Beach Park, including the replacement of an existing pavilion and existing
comfort station including replacement of a non-potable water storage and booster pump
station, ADA improvements to the parking lot and park walkways, resurfacing and
fencing of play courts, construction of a new fenced playground facility, designation of a
boat turnaround area, and installation of vehicular barriers and related improvements on
1.41 acres of land situated within the Special Management Area. The subject property is
located at 89-1151 Miloli`i Road, approximately 5 miles southwest of its intersection
with Hawaii Belt Road, Anapuka and Ho`opuloa, South Kona, Hawaii, TMK: (3)
8-9-004:001.
8. APPLICANT: COUNTY OF HAWAI`I DEPARTMENT OF PARKS AND
RECREATION (PL-SSV-2023-000003)
Application for a Shoreline Setback Variance to allow improvements to the Miloli`i
Beach Park, including the replacement of an existing pavilion, ADA improvements to the
park walkways and designation of a boat turnaround area situated within the 40-foot
shoreline setback area. The subject property is located at 89-1151 Miloli`i Road,
approximately 5 miles southwest of its intersection with Hawaii Belt Road, Anapuka and
Ho`opuloa, South Kona, Hawaii, TMK: (3) 8-9-004:001.
The Commission took up these two items simultaneously at 9:47 a.m., with approximately
twenty-three public members in the audience. [TIMESTAMP 19:06].
Staff presentation by Tracie-Lee Camero [TIMESTAMP 21:35].
Applicant presentation by James Komata, Park Planner and Jeffrey Ochi, Park Project Manager
(County of Hawaii, Department of Parks & Recreation) [TIMESTAMP 31:40].
There were no in-person or Zoom testifiers for this agenda item.
Action for COUNTY OF HAWAI`I DEPARTMENT OF PARKS AND RECREATION
(PL-SMA-2023-000031) It was moved by Commissioner Paishon-Duarte and seconded by
Commissioner Dela Cruz that the application for Special Management Area Use Permit, Docket
No. PL-SMA-2023-00003 1, be approved based on the Planning Director's recommendation
[TIMESTAMP 47:42]. A roll call vote was taken, and the motion carried with four ayes
(Paishon-Duarte, Dela Cruz, Knowles, and DeFranco), no noes, and one absent and excused
(Kanuha) [TIMESTAMP 48:13].
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Action for COUNTY OF HAWAI`I DEPARTMENT OF PARKS AND RECREATION
(PL-SSV-2023-000003) It was moved by Vice Chair Knowles and seconded by Commissioner
Dela Cruz that the application for a Shoreline Setback Variance Permit, Docket No. PL-SSV-
2023-000003, be approved based on the Planning Director's recommendation[TIMESTAMP
48:41]. A roll call vote was taken, and the motion carried with four ayes (Knowles, Dela Cruz,
Paishon-Duarte, and DeFranco), no noes, and one absent and excused (Kanuha) [TIMESTAMP
49:07].
The hearing ended at 10:17 a.m.
At 10:18 a.m. Chairperson DeFranco called a recess [TIMESTAMP 49:45], and she called the
meeting back to order at 10:28 a.m. [TIMESTAMP 59:34].
9. APPLICANT: KAMEHAMEHA SCHOOLS (PL-SPP-2023-000037)
Application for a Special Permit to allow the development and operation of the
"Hi`ialo/Captain Cook Learning Center" including a preschool, community education
programs, and related improvements on a 1.25-acre portion of a larger 5.98-acre area of
land across 3 parcels situated in the State Land Use Agricultural District. The subject
properties are located at 84-5230, 84-5234, and 84-5236 Hawaii Belt Road, portion of
116naunau, South Kona, Hawaii, TMKs: (3) 8-4-004:014, :038, and portion of:040.
Commissioner Paishon-Duarte disclosed that she is a consultant for Kamehameha Schools
Hi`ialo Group and specifically stated she does not consult or engage in any kind of professional
activities, volunteer, or paid compensation for this particular project. [TIMESTAMP 59:56]
The Commission took up this item at 10:30 a.m. with approximately twenty-one public members
in the audience. [TIMESTAMP 1:02:00].
Staff presentation by Christian Kay [TIMESTAMP 1:03:08].
Applicant presentation via Zoom by Matthew Kodama and Eric Tamashiro, Consultants (Bowers
+ Kubota Consulting) and Laura Takahashi, Senior Capital Project Manager (Kamehameha
Schools) [TIMESTAMP 1:14:23].
There were no in-person or Zoom testifiers for this agenda item.
Action: It was moved by Commissioner Dela Cruz and seconded by Vice Chair Knowles that
the application for Special Use Permit, Docket No. PL-SPP-2023-000037, be approved based on
the Planning Director's recommendation[TIMESTAMP 1:31:50].
At 11:01 a.m. it was moved by Vice Chair Knowles and seconded by Commissioner Dela Cruz
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 1:32:54]. 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 11:03 a.m. At 11:12 a.m. it was moved by Vice Chair Knowles
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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 11:15 a.m. [TIMESTAMP]:48:21.
Action: Vice Chair Knowles made a secondary motion that the main motion be amended with
the proposed following amendments to the Conditions: [TIMESTAMP]:48:44J. Amendment to
Condition No. 5 to include "The Applicant shall limit water usage to the Department of Water
Supply allocations and shall present a Water Conservation Plan within ninety (90) days of the
granting of the Special Use Permit to the Planning Director"; and an additional new Condition
"Requires the Applicant to explore with the State Department of Transportation additional
remedial measures given the likelihood of increased traffic and multi-modal means of
transportation at school drop-off'. [TIMESTAMP]:50:23J. Commissioner Dela Cruz seconded
the secondary motion. A roll call vote was taken, and the secondary motion carried with four
ayes (Knowles, Dela Cruz, Paishon-Duarte, and DeFranco), no noes, and one absent and excused
(Kanuha). [TIMESTAMP 1:53:03].
The hearing ended at 11:21 a.m.
10. APPLICANT: NEW HOPE WAIKOLOA (PL-SPP-2023-000042)
Application for a Special Permit to allow the construction of a Church and related uses on
a 5.012-acre portion of an approximately 2,153-acre parcel of land situated in the State
Land Use Agricultural District. The subject property is located on the north side of
Waikoloa Road, approximately 0.35 miles east(mauka) of its intersection with Paniolo
Avenue, portion of Waikoloa, South Kohala, Hawaii, TMK (3) 6-8-002:017 (por.).
The Commission took up this item at 11:22 a.m. with approximately twenty-three public
members in the audience. [TIMESTAMP 1:54:00].
Staff presentation by Jessica Andrews [TIMESTAMP 1:55:13].
Applicant presentation in person Sidney Fuke (Planning Consultant) and Rick Nagaoka, Pastor,
(New Hope-Waikoloa) [TIMESTAMP 2:08:23].
Two individuals (Mary Ellen Fritz, and Michael Konowicz)provided testimony in-person
[TIMESTAMP 2:24:35] and no Zoom testifiers.
Action: It was moved by Commissioner Dela Cruz and seconded by Commissioner Paishon-
Duarte that the application for Special Use Permit, Docket No. PL-SPP-2023-000042, be
approved based on the Planning Director's recommendation [TIMESTAMP 2:30:51]. A roll call
vote was taken, and the motion carried with four ayes (Dela Cruz, Paishon-Duarte, Knowles, and
DeFranco), no noes, and one absent and excused (Kanuha) [TIMESTAMP 2:32:11].
The hearing ended at 12:00 p.m.
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It. APPLICANTS: LEEANNE AND EVAN LONEY (PL-SPP-2023-000045)
Application for a Special Permit to allow the establishment of a three-bedroom bed and
breakfast operation within an existing dwelling on approximately 1.041 acres of land
situated in the State Land Use Agricultural District. The subject property is located at
75-800B Hiona Street, approximately 1.0 miles southwest(makai) of its intersection with
Mamalahoa Highway, H61ualoa, North Kona, Hawaii, TMK: (3) 7-5-024:050.
The Commission took up this item at 12:01 a.m. with approximately fourteen public members in
the audience. [TIMESTAMP 2:32:58].
Staff presentation by Clinton Mercado [TIMESTAMP 2:34:02].
Applicant presentation in person LeeAnne and Evan Loney (Applicants) and Sidney Fuke
(Applicant's Support Staff) [TIMESTAMP 2:42:51].
Seven individuals (Robert W. Bart, Kal Yackley, Lorna Hand, Phil Fernandez, Tammy Fowler,
Christine Pearl, and David R. Hurst)provided testimony in-person [TIMESTAMP 2:50:33] and
no Zoom testifiers.
Action: It was moved by Vice Chair Knowles and seconded by Commissioner Paishon-Duarte
that the application for Special Use Permit, Docket No. PL-SPP-2023-000045, be approved
based on the Planning Director's recommendation with amendments and an additional
Condition. [TIMESTAMP 3:12:32]. A roll call vote was taken, and the motion carried with four
ayes (Knowles, Paishon-Duarte, Dela Cruz, and DeFranco), no noes, and one absent and excused
(Kanuha) [TIMESTAMP 3:15:44].
The hearing ended at 12:44 p.m.
12. APPLICANTS: THOMAS AND LISA TICE (PL-SPP-2023-000044)
Application for a Special Permit to allow the establishment of a two-bedroom bed and
breakfast operation within an existing dwelling on approximately 0.2765 acres of land
situated in the State Land Use Agricultural District. The subject property is located at
87-3208 Ama Road, approximately 180 feet north of its intersection with Kaohe Road,
Kaohe 4th, South Kona, Hawaii, TMK: (3) 8-7-015:045.
The Commission took up this item at 12:44 p.m. with two public members in the audience.
[TIMESTAMP 3:16:30].
Staff presentation by Alex Roy [TIMESTAMP 3:17:24].
Applicant presentation in person Sherry Potensky (Applicant's Representative) and Thomas Tice
via Zoom (Applicant) [TIMESTAMP 3:26:54].
One individual (Zachary Zorn)provided testimony in-person [TIMESTAMP 3:31:33] and no
Zoom testifiers.
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Action: It was moved by Vice Chair Knowles and seconded by Commissioner Paishon-Duarte
that the application for Special Use Permit, Docket No. PL-SPP-2023-000044, be approved
based on the Planning Director's recommendation. [TIMESTAMP 3:37:15]. A roll call vote
was taken, and the motion carried with four ayes (Knowles, Paishon-Duarte, Dela Cruz, and
DeFranco), no noes, and one absent and excused (Kanuha) [TIMESTAMP 3:44:04].
The hearing ended at 1:12 p.m.
PLANNING DIRECTOR'S REPORT [TIMESTAMP 3:44:37].
Report on Special Management Area (SMA) determinations, minor permits action issued
by the Planning Director.
At 1:12 p.m. Chairperson DeFranco introduced this item and stated the Short-Form Assessment
Log and the SMA Assessment Log were emailed to the Commissioners. There were no
questions about the log from Commissioners.
Report on Act 229,which amended State law relating to the Special Management Area.
At 1:13 p.m. Chairperson DeFranco introduced this item and stated the material was emailed to
the Commissioners. There were no questions about the Act 229 changes.
AGENDA ITEMS FOR NEXT MEETING [TIMESTAMP 3:45:17].
At 1:13 p.m. Chairperson DeFranco introduced this item. There were no matters or requests.
ANNOUNCEMENTS [TIMESTAMP 3:45:29]
Chairperson DeFranco announced the Leeward Planning Commission's next monthly
meeting is tentatively scheduled for Thursday, September 21, 2023, here at 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.
Director Kern expressed his appreciation to the Leeward Planning Commissioners for their
participation in the two (2) hearings this month and to the Planning Staff for all of the extra
work. Program Planning Manager, Maija Jackson stated there are two (2) agenda items
tentatively scheduled for the September meeting and a staff presentation on the discussion on
cumulative impacts for Puako. A moment of silence was taken to reflect on the tragedy in
Lahaina and to the families and friends being impacted.
ADJOURNMENT [TIMESTAMP 3:47:38]
There being no further business, it was moved by Commissioner Paishon-Duarte and seconded
by Vice Chair Knowles that the meeting be adjourned. Chairperson DeFranco adjourned the
meeting at 1:17 p.m.
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Respectfully submitted,
Melissa Dacayanan-Salvador
Secretary
ATTEST:
Barbara DeFranco, Chairperson
Leeward Planning Commission
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