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Home My WebLink About2011-02-17 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES FEBRUARY 17, 2011 The Leeward Planning Commission met in regular session at 9:38 a.m. in the King Kamehameha's Kona Beach Hotel, Ballroom I, 75-5660 Palani Road, Kailua-Kona, Hawai‘i, with Chair Geraldine Giffin presiding. COMMISSIONERS PRESENT: Geraldine Giffin, Brandi Beaudet, Thomas Hickcox, Frederic Housel, Wayne Iokepa, Richard Nelson and Lani Bowman (from 10:23 a.m.) STAFF PRESENT: Julie Mecklenburg (Deputy Corporation Counsel), BJ Leithead Todd (Planning Director), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Pla Cottle (Staff Planner) and Allen Salavea (Staff Planner) The Chair introduced the commissioners and staff to members of the public, and described the procedure for public testimony. The Commission took up the following item at 9:38 a.m. with approximately 13 people from the public in attendance: APPLICANT: KAMEHAMEHA INVESTMENT CORPORATION (SMA 413) Amendment to Condition No. 2 (Complete Construction) of Special Management Area Use Permit No. 413 to allow for an additional 5 years in which to complete development of a 27-hole golf course, driving range, clubhouse, related maintenance support facilities, and associated improvements and infrastructure. The project area is located within the Keauhou Major Resort Area, on the makai side of Kuakini Highway and mauka of Kaluna Street and Kona Country Club nd golf course, and extends to the Keauhou 2/ Honalo ahupua'a boundary, Kahalu‘u and Keauhou, North Kona, Hawai‘i, TMK: 7-8-05: 1, 6, 27, 28, 37 & 39; 7-8-07: 4 & 11; and 7-8-10: 6, 9, 29, and portions of 30 & 50. (SEE EXHIBIT A) The Commission took up the following item at 10:10 a.m. with four people from the public in attendance: APPLICANT: INN (REZ 694) Amendment to Condition B (complete construction) of Ordinance No. 03-162, which amended Ordinance No. 91-91 that changed the district classification of the project area from Agricultural-1 acre (A-1a) to Village Commercial-1 acre (CV-1a). The project area is situated along the makai st 1 nd and 2, North Kona, Hawai‘i, TMK: 7-6-008: 005 (portion). (SEE EXHIBIT B) 1 The Commission took up the following item at 10:30 a.m. with three people from the public in attendance: APPLICANT: SUNSHINE HELICOPTERS, INC. (FORMERLY KENAI AIR HAWAII, INC.) (SPP 885) Amendment to Condition No. 9 of Special Permit No. 885, which allowed the establishment of a heliport and related facilities on approximately 4 acres of land situated within the State Land Use Agricultural District. The amendment request is to allow the heliport to continue operations for an additional 11 years under a new lease with the fee owner of the subject property. The project site is South Kohala, Hawai‘i, TMK: 6-2-01: Portion of 51. Mr. Darrow oriented the Commission and public of the subject and surrounding properties on the location map and site plan, summarized the request, and noted that the Planning Director recommended approval of the application with updated conditions. He corrected a typographical error in the staff background report and recommendation, saying that the reference toyear “1999” twice on Page 1 of each report should have been “2009.” The applicant’s representative, Paul Morris of Sunshine Helicopters, Inc., and planning consultant, Sidney Fuke, were in attendance. Mr. Fuke explained that the reason for the time lag between the permit expiration date of September 9, 2009 and this extension request was because the applicant had thought the permit had become effective when they started their operations in 1996, rather than the permit issuance date of 1994, and thus had calculated 15 years from 1996. He also stated that since the application submittal, the applicant had been able to finalize their license agreement with the landowner, Mauna Kea Development Corporation, to extend the term until October 16, 2020. Mr. Morris stated that the applicant had not received any complaints for its operation to date, and that it had neither exceeded the 20-landings-per-day limitation nor requested an amendment to increase the operations. He also stated that the applicant had been working with the Hawai‘i County Fire Department by providing fuel for the department’s available to the department as their command center in case of a brush fire, and that it would continue to work with the department. He added that a reservoir being very close to the heliport made it very convenient and efficient for the fire suppression helicopters. In response to Commissioner Housel’s question, Mr. Morris confirmed that there were no night landings, with the exception of emergencies. Commissioner Bowman inquired about their heliport office, which looked more substantial in a photograph than a portable office as described in the application. Mr. Morris responded that the office building had to be movable but also had been required to meet the building code for hurricane and earthquake. There was no one from the public wishing to testify in regard to this application. It was moved by Commissioner Housel and seconded by Commissioner Nelson that the application be approved, with the updated conditions. A roll call vote was taken and motion carried unanimously. 2 MINUTES – At 10:50 a.m., the Commission took up and approved the following minutes unanimously by a voice vote: December 15 and 16, 2010, regular session, December 15, 2010, executive session, and January 13, 2011, regular session. ADMINISTRATIVE MATTERS – The following were discussed under administrative matters: Wille et. al. Appeal to Third Circuit Court (USE 05-001) – Ms. Mecklenburg informed the Commission that as a result of a court hearing last month on the County’s motion to dismiss, many of the County parties to the case had been dismissed for jurisdictional reasons, adding, however, the Commission was still a party.She said that there were no further hearings scheduled as of yet, and that they would next get to the merits of the case. William C. Foulk Contested Case (SMA 10-41) – Mr. Arai said that the hearing was continued and nowtentatively scheduled for June 14, 15 and 16, 2011. ANNOUNCEMENTS – Mr. Arai announced that the next meeting on March 17, 2011, would still be at the King Kamehameha’s Kona Beach Hotel; however, starting April future meetings would be held at the West Hawai‘i Civic Center. ADJOURNMENT - There being no further business, the Chair declared the meeting adjourned at 10:55 a.m. Respectfully submitted, Noriko Sauer, Secretary A T T E S T: Geraldine Giffin, Chair Leeward Planning Commission 3