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