2019-02-21 Leeward Planning Commission Minutes

Home

At 11:04 a.m. it was moved by Commissioner Shimaoka and seconded by Commissioner Church that the Commission enter into executive session to consult with its counsel regarding questions and issues pertaining to its powers, duties, privileges and liabilities pursuant to Hawai‘i Revised Statutes 92-5. A voice vote was taken and the motion carried with all in favor. Chairman Unger called a short recess and the room was cleared. The Commission went into executive session at 11:07 a.m. At 11:11 a.m. it was moved by Commissioner Shimaoka and seconded by Commissioner Church that the Commission go out of executive session. Upon a voice vote, the motion carried with all in favor. The meeting was reconvened at 11:12 a.m. Action: It was moved by Commissioner Shimaoka and seconded by Commissioner Carr Smith that an unfavorable recommendation be forwarded to the County Council on the application for a Change of Zone, Docket No. REZ 18-000232. A roll call vote was taken and motion carried with four ayes (Shimaoka, Carr Smith, Church and Vitousek), two noes (Kealoha and Unger), and one absent and excused (Yates). \[SEE HEARING TRANSCRIPT – EXHIBIT B\] MINUTES Approval of the Minutes of the January 17, 2019, Leeward Planning Commission meeting. At 11:24 a.m. it was moved by Commissioner Vitousek and seconded by Commissioner Shimaoka that the minutes be approved as submitted. A voice vote was taken and the motion carried with all in favor. ADMINISTRATIVE MATTERS Discussion of recent Special Management Area (SMA) determinations, minor permits and enforcement action issued by the Planning Director. The Commission took up this item at 11:25 a.m., with three people from the public in attendance. Copies of the updated SMA Assessment log were distributed to the Commissioners. In his brief report, Mr. Darrow stated that SMA Assessment applications were steadily coming in. Commissioner Church asked whether and to what extent the Planning Department’s analysis of applications was influenced by the new short-term vacation rental law. Mr. Darrow responded that there had been three applications recently that appeared to be set up for vacation rental, and that staff had to ask whether the applicant’s intention was to live in it or to rent it short term. He noted that the only opportunity for a new short-term vacation rental to be legal would be for the property to be located within a permitted area, since it would be impossible to build and meet the requirements for a non-conforming use certificate within the set time frame at this point. Commissioner Carr Smith asked whether the SMA rules and/or guidelines were being adjusted for climate change and rising sea level. Mr. Darrow responded that there were a number of bills proposing changes to the SMA laws in relation to climate change and sea level rise before the State Legislature in the current legislative session, and that when new laws were enacted, the 3