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Home My WebLink About2019-08-15 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAII MINUTES AUGUST 15, 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, Perry Kealoha, Michael Vitousek and Faith"Faye" Yates ABSENT AND EXCUSED: Scott Church ALSO PRESENT: Malia Hall, Esq. (Counsel for the Commission), Michael Yee (Planning Director), Jeff Darrow (Planning Program Manager), Maija Jackson (Planner) and Noriko Sauer (Commission Secretary) And approximately 23 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: KULANI VIEW LLC (SLU 19-000052) Application for a State Land Use District Boundary Amendment from Agricultural to Urban for approximately 8.814 acres of land. The property is located at 77-6439 Alii Drive, on the mauka side of Alii Drive across from Pahoehoe Beach Park, about 450 feet south of the Ho`omaluhia Drive-Ali`i Drive intersection, Kaumalumalu, North Kona, Hawaii, TMK: (3) 7-7-004:063. 2. APPLICANT: KULANI VIEW LLC (SMA 19-000072) Application for a Special Management Area Use Permit to develop a 50-unit residential community, consisting of a 26-unit affordable housing apartment building, 24 market-rate units within an 8-unit apartment building and a 16-unit apartment building, a community room, fitness center, swimming pool, tennis court,playground with pavilion, landscaping, on-site parking, and on-site public use parking stalls for access to the Magic Sands Beach on approximately 8.814 acres of land situated in the Special Management Area. The property is located at 77-6439 Alii Drive, on the mauka side of Alii Drive across from Pahoehoe Beach Park, about 450 feet south of the Ho`omaluhia Drive-Ali`i Drive intersection, Kaumalumalu, North Kona, Hawaii, TMK: (3) 7-7-004:063. 1 The Commission took up these two items simultaneously at 9:32 a.m., with approximately 22 people from the public in attendance. Eight public members provided testimony regarding this item. At 10:40 a.m. it was moved by Commissioner Carr Smith and seconded by Commissioner Kealoha 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 HRS 92-5." A voice vote was taken and the motion carried with all in favor. The room was cleared and the Commission went into executive session at 10:42 a.m. At 11:04 a.m. it was moved by Commissioner Kealoha and seconded by Commissioner Yates that the Commission go out of executive session. Upon a voice vote,the motion carried with all in favor. Chairman Unger called a short recess. The meeting was reconvened at 11:08 a.m. Action: It was moved by Commissioner Vitousek and seconded by Commissioner Kealoha that the Commission "grant the West Hawaii Surfing Association standing in a contested case based on their indicating that they will be representing their member, Keawe Alapai, who has displayed a genealogical connection to the property." A roll call vote was taken and motion carried with five ayes (Vitousek, Kealoha, Carr Smith, Yates and Unger), no noes, and one absent and excused (Church). It was also moved by Commissioner Carr Smith and seconded by Commissioner Yates "that the Commission hear the case." A roll call vote was taken and motion carried with five ayes (Carr Smith, Yates, Kealoha, Vitousek and Unger), no noes, and one absent and excused (Church). [SEE HEARING TRANSCRIPT EXHIBIT AJ 3. INITIATOR: PLANNING DIRECTOR An ordinance amending Chapter 25 (Zoning Code), Articles 2 and 5 of the Hawaii County Code 1983 (2016 Edition, as amended), relating to amusement and recreation facility, indoor within the Neighborhood Commercial (CN), Limited Industrial (ML) and General Industrial (MG) zoning districts and relating to major outdoor amusement and recreation facilities in the Single-Family Residential (RS), Double-Family Residential (RD), Multiple-Family Residential (RM) and Neighborhood Commercial (CN) zoning districts. The Commission took up this item at 11:31 a.m., with approximately eleven people from the public in attendance. There was no one who wished to testify regarding this item. Action: It was moved by Commissioner Carr Smith and seconded by Commissioner Kealoha "that a favorable recommendation be forwarded to the County Council on the ordinance amending Hawaii County Code Chapter 25, based on the Planning Director's recommendation, which shall be adopted." A roll call vote was taken and motion carried with five ayes (Carr Smith, Kealoha, Vitousek, Yates and Unger), no noes, and one absent and excused (Church). [SEE HEARING TRANSCRIPT EXHIBIT BJ 2 UNFINISHED BUSINESS 4. Discussion of outcome of mediation related to the contested case hearing for an application submitted by Kilohana Makai LLC to amend 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 Ali`i Drive, adjacent to and south of the Kona Banyan Tree Condominium, H6lualoa I" and 2nd, North Kona, Hawaii, TMK: (3) 7-6-014:013. The Commission took up this item at 11:45 a.m., with approximately ten people from the public in attendance. There was no one who wished to testify regarding this item. Ms. Jackson referred the Commissioners to a final report of Mediator Sherry Broder, Esq., dated July 26, 2019, and a letter from Koa Architects on behalf of Applicant Kilohana Makai, dated August 1, 2019, withdrawing its time extension application. She summarized the outcome of the mediation that the parties had agreed to work toward turning the property into a park, and that as a result the applicant had withdrawn its application to give everybody time to pursue the plan. MINUTES Approval of the Minutes of the June 20, 2019, Leeward Planning Commission meeting. At 11:47 a.m. it was moved by Commissioner Carr Smith and seconded by Commissioner Kealoha that the minutes be approved as submitted. A voice vote was taken and the motion carried with all in favor. ADMINISTRATIVE MATTERS 1. Summary of the Discussion on Permit and Ordinance condition deadlines and consequences of not complying with condition deadlines. The Commission took up this item at 11:48 a.m., with approximately ten people from the public in attendance. There was no one who wished to testify regarding this item. [SEE HEARING TRANSCRIPT EXHIBIT Q 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 12:23 p.m., with eight people from the public in attendance. There was no one who wished to testify regarding this item. The latest SMA Assessment log had been emailed to the Commissioners earlier. Mr. Darrow stated that he had nothing in particular to bring to the attention of the Commission. No questions were asked by the Commissioners. 3 ANNOUNCEMENTS Commissioner Carr Smith asked for an update on the Commission vacancy. Mr. Darrow said that from his discussion with Mayor's representative, his understanding was that one candidate was going through the nomination process for the Leeward Planning Commission. ADJOURNMENT There being no further business, it was moved by Commissioner Vitousek and seconded by Commissioner Kealoha that the meeting be adjourned. A voice vote was taken and the motion carried with all in favor. Chairman Unger adjourned the meeting at 12:25 p.m. Respectfully submitted, Noriko Sauer, Secretary ATTEST: Keith F. Unger, Chairman Leeward Planning Commission 4