2020-06-18 Leeward Planning Commission Minutes

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LEEWARD PLANNING COMMISSION COUNTY OF HAWAII MINUTES JUNE 18, 2020 The Leeward Planning Commission met in regular session at 9:30 a.m., with Chairperson Nancy Carr Smith presiding. Based on the emergency proclamations of the Governor and the Mayor regarding the COVID-19 pandemic, the meeting was held via online technology, with live-streaming for the public to observe the meeting. COMMISSIONERS IN ATTENDANCE: Nancy Carr Smith, Perry Kealoha, Max Newberg, Mark Van Pernis, Michael Vitousek and Faith "Faye" Yates ALSO IN ATTENDANCE: J Yoshimoto, Esq. (Counsel for the Commission), Michael Yee (Planning Director), John Mukai, Esq. (Counsel for the Planning Director), Jeff Darrow (Planning Program Manager), Maija Jackson (Planner), Christian Kay (Planner), Jessica Andrews (Planner), Alex Roy (Planner), Rachelle Ley (Secretary to the Planning Director) and Noriko Sauer(Commission Secretary) [Secretary's Note: Throughout the meeting, there were some technical and/or internet difficulties. The notation "- - -" in the exhibit transcripts indicates such occurrence, which made the conversation inaudible.] A quorum was present. Chair Carr Smith called the meeting to order. She stated that as noted on the advertised agenda, public participation was limited to written testimony, and that the Commission was in receipt of some testimony through the Planning Department. She introduced the Commissioners and staff who were in virtual attendance. Commissioner Van Pernis stated that he was aware of a lawsuit that had been filed, challenging the Governor and Mayor's ruling on suspending in-person meetings, among other things. He asked Mr. Yoshimoto whether these virtual meetings would be valid or become invalid, if the lawsuit prevailed. Mr. Yoshimoto responded that there was a provision in the Sunshine Law, which required that a meeting be redone, if it was conducted in violation of the law; therefore, there was the possibility with this meeting and any future virtual meetings as well. He advised the Commission to proceed with the meeting today since it was being conducted according to the current rules, and that the outcome of the lawsuit could not be predicted. NEW BUSINESS 1. APPLICANT: PARKER SCHOOL (AMEND USE 05-001) Application to amend Condition No. 6 (Time to Complete Construction) of Use Permit No. 05-001, which was approved in December 2005 and amended in February 2010 to allow the establishment of an elementary school (grades K-6) and expansion of the Parker School complex to 14.32 acres situated within the Agricultural-1 acre (A-la) and Single-Family 1