MOLOKAI PLANNING COMMISSION REGULAR MINUTES OCTOBER 23, 2019 A. CALL to ORDER the Regular Meeting of the Molokai Planning Commis
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MOLOKAI PLANNING COMMISSION REGULAR MINUTES OCTOBER 23, 2019 A. CALL TO ORDER The regular meeting of the Molokai Planning Commission was called to order by Chairperson Lori Buchanan at approximately 11:07 a.m., Wednesday, October 23, 2019, at the Mitchell Pauole Center, 90 Ainoa Street, Kaunakakai, Molokai. A quorum of the Commission was present. (See Record of Attendance.) Chair Buchanan: Okay, aloha and good morning everyone. Welcome to the October 23rd meeting of the Molokai Planning Commission. If -- if there's no amendments to the -- by Commissioners to the agenda, while I'm calling to order, I just have a amendment to the agenda, and if there's no discussion -- oh, aloha, Commissioner. On the agenda we have item A, Call to Order, item B, Public Testimony, item C, Public Hearing, no. 1, the bill for an ordinance, item D, the waive or not waive for the SMA permit, and then item E, the Director's Report, followed by item F and item G. What the Chair is proposing to amend today -- okay, what the Chair wanted to propose to Commissioners for amending the agenda is to move item C after item D, so we're moving item D up, followed by item C, and then everything stays the same. Mr. Sprinzel: Second. Chair Buchanan: Okay, so -- okay, we never call for one vote but I just was going -- if there's no opposition, then we will amend the agenda for item B to be followed by item D, and then item C. Okay? Thank you very much. B. PUBLIC TESTIMONY - At the discretion of the Chair, public testimony may also be taken when each agenda item is discussed, except for contested cases under Chapter 91, HRS. Individuals who cannot be present when the agenda item is discussed may testify at the beginning of the meeting instead and will not be allowed to testify again when the agenda item is discussed unless new or additional information will be offered. Testimony will be limited to a maximum of three (3) minutes, with 30 seconds to conclude. Chair Buchanan: Okay, so we are now in item B, Public Testimony. This part is for anyone in the public wishing to testify on any agenda item or planning item. If you can wait till the actual agenda item arises, that would be better and would be great, but if you have to get back to work or you have some type of, you know, issue where you need to testify now, now would be the time, and if not, you can testify at the agenda item. This is also on any other planning item that would concern this Commission or the Planning Department. So anyone in the public wising to testify at this time, please come up and state your name for the record. Okay, seeing none, we're going to close public testimony Molokai Planning Commission Regular Minutes – October 23, 2019 Page - 2 and move right into item D, the waive or not waive SMA permit, item no. 1, and then I'll just let Staff go right into that. Mr. Hart: Chair. Chair, Thank you. My name is Jordan Hart, Deputy Director of Planning. Mr. Hart read the following agenda item description into the record: D. WAIVER OR NON-WAIVER OF SPECIAL MANAGEMENT AREA (SMA) ASSESSMENT REVIEW 1. MS. MICHELE MCLEAN, Planning Director, notifying the Commission pursuant to the provisions of Section 12-302-13.1(a) of the Molokai Planning Commission’s Special Management Area Rules that the following proposed action located within the Special Management Area is not a “development” and therefore exempt from the requirements of the Molokai Planning Commission’s Special Management Area Rules: a. MR. WILLIAM C. RHYNE proposing a lot line adjustment involving no construction or site work but to only shift .164 acres from TMK (2) 5-4-011:054 to TMK (2) 5-4-011:003 in order that the existing pool will be located on the latter TMK property located at 1571 Kamehameha V Highway, Kamiloloa, Molokai (SMX 2019/0164) (Valuation: $0) (S.Lopez) The Commission may act to waive or not waive its review, or the Commission may choose to defer the item. Chair Buchanan: Okay, thank you. Planner Sybil, we have more of a -- but I wanted to make a disclosure before we move forward. Bill Rhyne was my English teacher in high school once upon a time, like a hundred years ago, but I did wanna disclose that because if it wasn't for him, I wouldn't be here today 'cause I wouldn't know how to read or write, so thank you for that. He's also my tennis teacher once upon a time. So that's my disclosure, however, I don't feel that it would have any due impartiality or favoritism on my part to make a decision on today's application. Do any of the Commissioners have an issue with that? Okay. Alright. Thank you. Seeing none, thank you, Sybil. Ms. Lopez: Thank you, Chair. Sybil Lopez, Staff Planner on Mr. Rhyne's project. Now you made me feel like I gotta disclose that he was my Principal and that his daughter is my classmate, and I knew her since kindergarten so, okay, so back to the project. Chair Buchanan: You know what, I don't know if that going help or hinder him. Molokai Planning Commission Regular Minutes – October 23, 2019 Page - 3 Ms. Lopez: I don't know. Well, just to know that he's a longtime resident of our -- of this island of Molokai and he contributed a lot to the education system, so being that our SMA 2019/0164, he is the owner and he is here today if the Commission has any questions regarding his application, but as our Deputy Director stated that this proposed action is basically to subdivide the lot line adjustment and it's -- there's no expansion or intensification of this use, it's just he owns both properties, and he -- if you need more clarification from the owner, like I said, he is here. Other than what was presented by Deputy Director, I have nothing else to include. Thank you. Chair Buchanan: Okay, thank you, Planner Sybil. Commissioners, you guys have any questions? No? Okay, well, I have 'cause I -- I really never understand the application and I wanted you to expound more because I saw, at one point, subdivision and also lot line movement, and so I saw the provisions of development, not development, but how does this affect the subdivision or the separate TMKs even though if you're the owner? And then you have the ownership of the land was submitted with the application? Ms. Lopez: Correct. Yes. Chair Buchanan: Okay. Ms. Lopez: Thank you, Chair, for the question. So, as you note that on November 30, 2018 letter provided by the Department of Public Works, Development Services Administration, Mr. Ryne submitted his application for subdivision with DSA, and within DSA's letter, it is stated the requirements and comments from the Department of Planning as part of 2.d. is to obtain and comply with any conditions of a special management area exemption/or approval, so in order for him to comply as part of the subdivision application, the Department of Planning required that Mr. Rhyne to come into compliance with an SMA exemption or an approval in order for him to move forward with his application for a subdivision. But as part of -- as the SMA, we are requesting for an exemption as -- as such that this is not a development. Ms. Desjardins: And I wanted to just, as a matter of law, point out that under Hawaii Revised Statute, HRS 205-22, no. 13, this is accepted from the SMA rules because it is a subdivision of a parcel of land into four or fewer parcels when no associated construction activities are proposed, so this is a non-construction change of the TMK configuration. The law does go on to say: Provided that any land that is so subdivided shall not thereafter qualify for this exception with respect to any subsequent subdivision of the resulting parcel. So it's a onetime exception to the rules; after this, it would not be accepted under this particular exception to a development. Thank you. Chair Buchanan: Okay. That's probably what I would have or what we should add to -- can we add that in, into the record, for the -- I know it's a record because we're having a public hearing? Molokai Planning Commission Regular Minutes – October 23, 2019 Page - 4 Ms. Desjardins: So in the staff report, there is a quote from that particular section that I just cited, however, the quote is not a complete recitation of it, but I will show you where it is, it's on page - hold on - yeah, after the letter, if you look at the special management area assessment that was conducted by the Department of Planning -- sorry, I had it. Now I can't find it. Ms. Lopez: So it's on -- sorry, Corp Counsel, if I can help. Ms. Desjardins: No, go ahead. If you can find it before me. Ms. Lopez: So it's on the Department of Planning, Current Division, Special Management Area Assessment, no. 1.b.: That the proposed project is not a development according to HRS 205A-22, that the subdivision of a parcel of land into four or fewer parcels when no associated construction activities are proposed provided that any future subdivision of the resulting parcels, therefore, shall not qualify for this exception.