2019-03-21 Leeward Planning Commission Minutes

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At 9:38 a.m., with approximately 45 people from the public in attendance, Chairman Unger restated that the hearing on this application was postponed. Nineteen public members provided their testimony. \[SEE HEARING TRANSCRIPT – EXHIBIT A\] 2. APPLICANT: DANA KERN (SPP 19-000204) Application for a Special Permit to legitimize the conversion of an existing garden store to be used for a K-8 private school for up to 49 students on 3.281 acres of land in the State Land Use Agricultural District. The subject property is located at 74-4820 Māmalahoa Highway, at the intersection with Palani Road, Hōlualoa, Hawai‘i, TMK: (3) 7-4-006:012. Chairman Unger restated that the hearing on this application was postponed. There was no one from the public who wished to testify on this agenda item. ADMINISTRATIVE MATTERS 1. Discussion on Permit or Ordinance condition deadlines and consequences of not complying with condition deadlines. The Commission took up this item at 10:25 a.m., with approximately 30 people from the public in attendance. Following a presentation by the Planning Department, eight public members provided their statements. Chairman Unger called for a short recess at 11:03 a.m. and the meeting reconvened at 11:12 a.m., with approximately 15 people from the public in attendance. \[SEE HEARING TRANSCRIPT – EXHIBIT B\] 2. 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 12:38 p.m., with approximately twelve people from the public in attendance. Mr. Darrow stated that copies of the updated SMA Assessment log had been distributed digitally to the Commissioners earlier. He reported that the Department had been receiving a few SMA Assessment applications a week in both Kona and Hilo, most of which were single-family dwellings. He also spoke of cliff collapses that had been occurring since Hurricane Lane, and said that the collapse had come very close to the residence in a couple of sites within the knowledge of the Department. He further said that along with climate change and sea level rise, these issues were being discussed and implemented into state law, which would eventually reach county law. There were no questions from the Commissioners. MINUTES Approval of the Minutes of the February 21, 2019, Leeward Planning Commission meeting. At 12:42 p.m. it was moved by Commissioner Shimaoka and seconded by Commissioner Carr Smith that the minutes be approved as submitted. A voice vote was taken and the motion carried with all in favor. 2