HomeMy WebLinkAbout2011-01-13 Leeward Planning Commission Minutes
LEEWARD PLANNING COMMISSION
COUNTY OF HAWAI‘I
MINUTES
JANUARY 13, 2011
The Leeward Planning Commission met in regular session at 9:44 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, Lani Bowman, Thomas Hickcox, Frederic
Housel and Richard Nelson
EXCUSED: Brandi Beaudet and Wayne Iokepa
STAFF PRESENT: Julie Mecklenburg (Deputy Corporation Counsel), BJ Leithead Todd
(Planning Director), Jeff Darrow (Staff Planner) and Maija Cottle (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 9:45 a.m. with three people from the public in
attendance:
APPLICANT: PARKER RANCH (SPP 10-108)
Pre-hearing/status hearing and action meeting regarding application for a Special Permit to allow for
the establishment of light industrial and commercial office uses within existing structures and the
use of an existing rodeo/equestrian facility for special events, all of which are situated on a total of
approximately 14.897 acres at the Parker Ranch headquarters and rodeo/equestrian facility complex
in Waimea. The project site is situated approximately 4,300 feet north of the Waimea-Kohala
‘ukapu, South Kohala, TMK:
6-7-001: portion of 25 and 6-7-002: portion of 17.
(SEE EXHIBIT A)
RECESSED The Chair called a recess at 10:30 a.m.
RECONVENED The meeting reconvened at 10:45 a.m.
MINUTES – The Commission deferred approval of the minutes of the December 15 and 16, 2010,
meeting until the next meeting.
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 Margaret Wille et. al. had filed an appeal to the Third Circuit Court regarding the
decision of the Commission in the application of Parker School Use Permit No. 05-001, as well as
the subsequent decision of the Board of Appeals. She said that their appeal was based on the
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following claims: 1) The Commission failed to comply with statutory rule making procedures in
essentially adopting a new rule prohibiting inclusion of conditions that have resulted from
negotiations between the applicant and the affected community; 2) even if this prohibition is not a
rule, the blanket exclusion of such conditions is a violation of law; 3) the Board of Appeals erred by
granting the motion to dismiss for lack of jurisdiction; and 4) County officials violated the
appellants’ right to freedom of speech by adopting the policy of exclusion of these aforementioned
conditions. She also said that a motion to dismiss had since been filed by the Office of Corporation
Counsel on behalf of the County and the Commission, which was set for hearing on February 14,
2011, in Kona at 1:30 p.m. before Judge Strance.
William C. Foulk Contested Case (SMA 10-41) – Mr. Darrow gave an update on the continued
hearing scheduled for February 16 through February 18, 2011, saying that the parties were in
discussion about further continuing the matter until June. He added that the staff was expecting
written confirmation of the continuance shortly, and that they would keep the Chair and the
Commission apprised.
ANNOUNCEMENTS – Director Leithead Todd presented Commissioner Housel who had fulfilled
his term as of December 31, 2010, with a certificate of appreciation signed by the Mayor, and
thanked him for his service. Commissioner Housel stated that it had been a rewarding experience
and a pleasure to serve on the Commission.
ADJOURNMENT - There being no further business, the Chair declared the meeting adjourned at
10:54 a.m.
Respectfully submitted,
Noriko Sauer, Secretary
A T T E S T:
Geraldine Giffin, Chair
Leeward Planning Commission
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