2008-04-18 Planning Commission Minutes

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It was moved by Commissioner Woodward and seconded by Commissioner Siracusa that the amendment be approved as proposed by the Planning Director. A roll call vote was taken and motion carried with seven ayes (Woodward, Siracusa, Alameda, Bowman, Domingo, Iwashita and Watanabe) and two absent and excused (Ogata and Rho). REVIEW OF The Commission took this item up at 11:40 a.m. with 3 people SMA 417 & SPP 1117 from the public in attendance. PLANNING DIRECTOR HANAULA AND HONOPUEO, NORTH KOHALA INITIATOR: PLANNING DIRECTOR (SMA NO. 417/SPECIAL PERMIT NO. 1117) Review of Special Management Area Use Permit No. 417 and Special Permit No. 1117 issued to Robert Watkins and Jean Sunderland for compliance with the conditions of approval of the permits and information of enforcement actions taken by the Planning Department. The permits allowed the establishment of a 16-room Hawaiian Permaculture and Wellness Retreat on approximately 5 acres of land situated within the Special Management Area and the State Land Use Agricultural District. The property is located approximately one mile makai of the Akoni Pule Highway (Highway 270) and Kamehameha Park, Hanaula and Honopueo, North Kohala, Hawaii TMK: 5-4-9:14 (formerly 5-4-9: portion of 1). (SEE EXHIBIT B) MINUTES The Commission took up the following minutes at this time, 12:45 p.m., with no one from the public in attendance: March 20, 2008 – It was moved by Commissioner Siracusa and seconded by Commissioner Woodward that the minutes be approved. Motion was unanimously carried by a voice vote of all Commissioners in attendance. ADMINISTRATIVE The Commission took this item up at 12:48 p.m. with no one from MATTERS the public in attendance. Status of appeals filed on Planning Commission decisions – Corporation Counsel – Mr. Torigoe reported that, concerning the Daniel Ibbetson (SPP 05-000015) appeal, a stipulation for dismissal of the intervenor’s appeal is being circulated and signed; so it is expected that the appeal will be dismissed. He added that Dean Kaiawe, the intervenor, is content to rely on the Circuit Court’s declaratory ruling that will determine the fate of the Special Permit the Commission granted. Commissioner Siracusa at this time informed the Commission that according to today’s newspaper Bill 265 passed the County Council, which is the Planning Director initiated amendment to Chapter 25 (Zoning Code) to allow the Planning Department to assess a fine during the appeal process and impose the accrued fine if the violator loses the appeal. ANNOUNCEMENTS Mr. Hayashi announced that the Commission will hold two th separate meetings on May 8: first one in the Aupuni Center Conference Room starting at 10:00 a.m. and second one, which is for review of the Puna Community Development Plan, in the Cafetorium of the Keaau Middle School starting at 6:00 p.m. 3