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HomeMy WebLinkAbout2019-06-20 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAII MINUTES JUNE 20, 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, Scott Church, Perry Kealoha, Michael Vitousek and Sonny Shimaoka(until 12:33 p.m.) ABSENT AND EXCUSED: Faith "Faye" Yates ALSO PRESENT: Mafia Hall, Esq. (Counsel for the Commission), Duane Kanuha(Deputy Planning Director), Jeff Darrow (Planning Program Manager), Maija Jackson (Planner), Christian Kay (Planner) and Noriko Sauer (Commission Secretary) And approximately 40 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: MARY FOTI (SMA 19-000071) Application for a Special Management Area Use Permit to consolidate four existing lots and re-subdivide to create four new lots on approximately 30.804 acres of land situated in the Special Management Area. The subject property is located about 0.5 miles west (makai) of Hawaii Belt Road at Kauluoa Point, and about 0.75 miles north of the Kona Paradise Subdivision, `Ala`e It and 2nd, South Kona District, Hawaii, TMK(3) 8-7-005:014 & 023. Chairman Unger announced that this hearing was postponed until a future meeting. 2. APPLICANT: LIVING STONES CHURCH (SPP 17-000195) Application for a Special Permit to allow the establishment of a church and related facilities on an approximately 7+-acre portion of 29.389 acres of land situated in the State Land Use Agricultural District. The subject properties are located directly east (mauka) of Queen Ka`ahumanu Highway and immediately north of the Pualani Estates Subdivision, Kahului 2nd, North Kona, Hawaii TMK: (3) 7-5-017:040 (por) & 041 (por). 1 The Commission took up this item at 9:33 a.m., with approximately 45 people from the public in attendance. Action: It was moved by Commissioner Carr Smith and seconded by Commissioner Shimaoka that "the application for the Special Permit, Docket No. 17-000195, be approved based on the Planning Director's recommendation, which shall be adopted, with any revisions that have been discussed." A roll call vote was taken and motion carried with six ayes (Carr Smith, Shimaoka, Church, Kealoha, Vitousek and Unger), no noes, and one absent and excused (Yates). [SEE HEARING TRANSCRIPT EXHIBIT AJ Chairman Unger called a recess at 10:52 a.m. and the meeting reconvened at 11:01 a.m. 3. PLANNING DIRECTOR INITIATED AMENDMENTS TO THE KONA COMMUNITY DEVELOPMENT PLAN Ordinance amending the Kona Community Development Plan, as adopted by Ordinance No. 08-131 relating to language that has hindered development in specific locations, and language that commits the County to actions or performances beyond the authority or scope of the Plan. These amendments arise from the Missler Case (No. CAAP-13-0002347) and its findings about the Plan's mandatory language. The Commission took up this item at 11:01 a.m., with approximately 20 people from the public in attendance. At 12:30 p.m. it was moved by Commissioner Carr Smith 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. Commissioner Shimaoka left the meeting at this time. The Commission went into executive session at 12:33 p.m. At 12:41 p.m. it was moved by Commissioner Church and seconded by Commissioner Vitousek that the Commission go out of executive session. Upon a voice vote, the motion carried with all in favor. The meeting was reconvened at 1:43 p.m. Action: It was moved by Commissioner Church and seconded by Commissioner Carr Smith that "a favorable recommendation be forwarded to the County Council on the Ordinance amending the Kona Community Development Plan, Ordinance No. 08-131, based on the Planning Director's recommendation, which shall be adopted." A roll call vote was taken and motion carried with four ayes (Church, Carr Smith, Kealoha and Unger), one no (Vitousek), and two absent and excused (Shimaoka and Yates). [SEE HEARING TRANSCRIPT EXHIBIT BJ 2 MINUTES Approval of the Minutes of the April 18, 2019, Leeward Planning Commission meeting. At 1:17 p.m. it was moved by Commissioner Carr Smith and seconded by Commissioner Church 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 1:18 p.m., with seven people from the public in attendance. The latest SMA Assessment log had been emailed to the Commissioners earlier. Ms. Jackson reported that the Planning Department had been receiving more than the normal number of SMA Assessment applications over the period of past two weeks. The Commissioners had no questions regarding the log. ANNOUNCEMENTS Upon inquiry by Commissioner Carr Smith, Mr. Darrow said that his understanding was that there were two candidates whom Mayor Kim was considering for the Commission [for the seat vacated by Commissioner Shimaoka]. Commissioner Carr Smith also asked about the status of the matter of permit and ordinance condition deadlines and consequences of not complying with the deadlines. Mr. Darrow said that staff was in the process of compiling comments and suggestions from both Planning Commissions, which would be agendized in August for both Commissions under the administrative matters where each Commission could discuss options and desired directions toward actual changes in the near future. ADJOURNMENT There being no further business, it was moved by Commissioner Church and seconded by Commissioner Carr Smith that the meeting be adjourned. A voice vote was taken and the motion carried with all in favor. Chairman Unger adjourned the meeting at 1:21 p.m. Respectfully submitted, ATTEST: Noriko Sauer, Secretary Keith F. Unger, Chairman Leeward Planning Commission 3