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HomeMy WebLinkAbout2019-04-18 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAII MINUTES APRIL 18, 2019 The Leeward Planning Commission met in regular session at 9:30 a.m. in the West Hawaii Civic Center, Community Center, Building G, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii, with Chairman Keith F. Unger presiding. COMMISSIONERS PRESENT: Keith F. Unger, Nancy Carr Smith, Sonny Shimaoka, Michael Vitousek and Faye Yates ABSENT AND EXCUSED: Scott Church and Perry Kealoha, ALSO PRESENT: J Yoshimoto, Esq. (Counsel for the Commission), Michael Yee (Planning Director), Jeff Darrow(Planning Program Manager), Maija Jackson (Planner), Christian Kay (Planner) and Noriko Sauer(Commission Secretary) And approximately 20 people from the public in attendance. A quorum was present. Chairman Unger called the meeting to order, and introduced the Commissioners and staff to members of the public. He explained the procedure for public testimony. STATEMENTS FROM THE PUBLIC No statements were presented under this section of the agenda. NEW BUSINESS 1. APPLICANT: KONA DISTILLING COMPANY, LLC (SPP 19-000205) Application for a Special Permit to allow the establishment of a micro-distillery, visitor's center (including a tasting component) and related facilities on an approximately 7.5-acre portion of 70.977 acres of land in the State Land Use Agricultural District. The subject property is located at 75-6099 Kuakini Highway, along the northeast side of Kuakini Highway, directly mauka(east) of Kona Sea Villas, Kahului 1st, North Kona, Hawaii TMK: (3) 7-5-017:002 (por.). The Commission took up this item at 9:32 a.m., with approximately 20 people from the public in attendance. Action: It was moved by Commissioner Vitousek and seconded by Commissioner Carr Smith that the application for a Special Permit, Docket No. 19-205, be approved based on the Planning 1 Director's recommendation, including Condition 8 as amended at the hearing, which shall be adopted. [SEE HEARING TRANSCRIPT EXHIBIT AJ RECESSED Chairman Unger called a short recess at 10:17 a.m. RECONVENED The meeting reconvened at 10:23 a.m. 2. APPLICANT: KILOHANA MAKAI LLC (AMEND SMA 07-000020) Application for a 5-year time extension to comply with Condition No. 3 (Complete Construction) of SMA Permit No. 07-000020, which was issued in 2007 to allow the development of a 5-story, 11-unit residential condominium on 14,450 square feet of land in the Special Management Area. The property is located along the makai side of Alii Drive, adjacent to and south of the Kona Banyan Tree Condominium, Holualoa 1st and 2nd, North Kona, Hawaii, TMK: (3) 7-6-014:013. The Commission took up this item at 10:23 a.m., with approximately 20 people from the public in attendance. At 12:03 p.m. it was moved by Commissioner Vitousek and seconded by Commissioner Shimaoka that the Commission enter into executive session to consult with its attorney regarding questions and issues pertaining to the Commission's powers, duties, privileges, immunities, and liabilities pursuant to Hawaii 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 12:10 p.m. At 12:45 p.m. it was moved by Commissioner Shimaoka and seconded by Commissioner Carr Smith that the Commission recess executive session. A voice vote was taken and the motion carried with all in favor. The session reconvened at 1:05 p.m. At 1:23 p.m. it was moved by Commissioner Shimaoka and seconded by Commissioner Vitousek that the Commission go out of executive session. Upon a voice vote, the motion carried unanimously. The meeting was reconvened at 1:24 p.m. Action: It was moved by Commissioner Shimaoka and seconded by Commissioner Yates that the petition [for standing in contested case hearing] be granted to Ms. Paula McMichael based on her interest being clearly distinguishable from that of the general public and also for the reason that her being a lineal descendant [of native Hawaiians] was clearly outlined. A roll call vote was taken and motion carried with five ayes (Shimaoka, Yates, Carr Smith, Vitousek and Unger), no noes, and two absent and excused (Church and Kealoha). Commissioner Shimaoka also moved that the petition [for standing in contested case hearing] be granted for Mr. Keawe KKK Alapai based on his declaration of descendant of native Hawaiians who inhabited the Hawaiian Islands prior to 1778 and who practiced those rights which were customarily and traditionally exercised by subsistence, cultural or religious purposes. 2 Commissioner Carr Smith seconded the motion. A roll call vote was taken and motion carried with five ayes (Shimaoka, Carr Smith, Vitousek, Yates and Unger), no noes, and two absent and excused (Church and Kealoha). [SEE HEARING TRANSCRIPT EXHIBIT BJ MINUTES Approval of the Minutes of the March 21, 2019, Leeward Planning Commission meeting. At 1:46 p.m. it was moved by Commissioner Shimaoka and seconded by Commissioner Yates 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 1:47 p.m., with approximately 13 people from the public in attendance. The latest SMA Assessment log had been emailed to the Commissioners earlier. Mr. Darrow reported that the Department had consistently been receiving and processing Assessment applications, and that there were no particularly controversial cases within those recent applications. No questions were asked by the Commissioners. Mr. Darrow also reported that staff was in the process of compiling the discussions that the Leeward and Windward Planning Commissions each had had at the previous meetings about time extensions and condition compliance for various permits. He said that the information would be presented to both Commissions for further discussion about the course of action, which might include amendments to the Planning Commission Rules and/or the County Code. He added that if the Rules were to be amended, the Commissions would have to hold a joint meeting. In response to Commissioner Carr Smith's question about the timing, he said that the discussion transcripts of both Commissions had just become available, and that staff would work on the compilation as diligently as possible. ANNOUNCEMENTS None. 3 ADJOURNMENT There being no further business, it was moved by Commissioner Shimaoka and seconded by Commissioner Vitousek that the meeting be adjourned. A voice vote was taken and the motion carried with all in favor. Chairman Unger adjourned the meeting at 1:49 p.m. Respectfully submitted, Noriko Sauer, Secretary ATTEST: Keith F. Unger, Chairman Leeward Planning Commission 4