HomeMy WebLinkAbout2015-07-16 Leeward Exh B (SMA 10-039)
LEEWARD PLANNING COMMISSION
COUNTY OF HAWAI‘I
HEARING TRANSCRIPT
JULY 16, 2015
PLANNING DIRECTOR INITIATED REVOCATION
A regularly advertised hearing on the
OF SPECIAL MANAGEMENT AREA USE PERMIT NO. 10-000039 (SMA 10-039)
was
called to order at 9:43 a.m. in the West Hawai‘i Civic Center, Community Center, Building G,
74-5044 Ane Keohokālole Highway, Kailua-Kona, Hawai‘i, with Chairman Brandi Beaudet
presiding.
COMMISSIONERS PRESENT: Brandi Beaudet, Scott Church, Collin Kaholo, Barbara Nobriga,
Sonny Shimaoka, Keith Unger and Thomas Whittemore
ALSO PRESENT: Danny Patel (Counsel to the Commission), Duane Kanuha (Planning Director),
Daryn Arai (Planning Program Manager), Jeff Darrow (Planner), Maija Jackson (Planner) and
Noriko Sauer (Commission Secretary)
And approximately 16 people from the public in attendance.
INITIATOR: PLANNING DIRECTOR (SMA 10-039)
Revocation of Special Management Area Use (SMA) Permit No. 10-000039 originally issued to
Kawaihae Restaurant, LLC by the Planning Commission on May 3, 2010, to allow the
establishment of a restaurant and commercial/recreational uses, facilities and activities consistent
with the (Industrial- Commercial Mixed) MCX zoning on 1.32 acres in the Special Management
Area. The property is located along the ocean (makai) side of Akoni Pule Highway just north of
Kawaihae Harbor, South Kohala, Hawai‘i, TMK: 6-1-003:015.
BEAUDET: Second item on today’s agenda, Initiator: Planning Director, SMA 10-039.
JACKSON: Thank you, Mr. Chair. The Planning Director is initiating this request because we
received a letter from the State DLNR notifying us that the lease that DLNR had with Kawaihae
Restaurant to develop this property was mutually cancelled. The reason for the cancellation was
that the new FEMA Flood Maps came out and the area, the flood zone, moved further makai, I’m
sorry, further mauka, and so it made the project infeasible to develop. So we have notified DLNR
that we are going to request that the permit be revoked. And we have not received any
communication from them opposing that to date.
Just to let you know where the property is located, it’s in Kawaihae in the South Kohala District.
It’s this little property here just north of the harbor. And the Kawaihae Canoe Club, I think their
hale where they meet is in this area right here just to the south. The property is zoned MCX,
Industrial-Commercial Mix. And this is an aerial view of the property. Again, you have the harbor
in this area here at the end of Kawaihae Road, and then the property is located in this general area
here.
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And, I already got ahead of myself, the Director is requesting that the permit be revoked.
Originally, Kawaihae Restaurant, LLC had intended on establishing a restaurant and commercial
and recreational uses on the property. But, again, due to changes in the Flood Map, the project has
become infeasible. This was the site plan at the time the permit was approved. You can see
structures here and here, and the flood zone was in this area here and it’s moved more mauka to
where the property cannot accommodate the structures and parking; there is just not enough space.
So the Planning Director is recommending that the SMA Permit be revoked. That concludes my
presentation. If you have any questions, I’ll be happy to answer.
BEAUDET: Is the holder of the permit present?
JACKSON: No. Kawaihae Restaurant, as I mentioned, the lease was cancelled, and so the permit
runs with the land; so DLNR now holds the permit.
BEAUDET: Okay.
JACKSON: We sent a letter to DLNR, notifying them of this hearing and of the action we were
going to initiate, and we haven’t received any communication.
BEAUDET: Thank you. Commissioners, any questions or comments of staff on this item? With
no further discussion, I’d like to ask for a motion of action.
KAHOLO: Mr. Chair?
BEAUDET: Yes.
KAHOLO: I move that the Planning Director’s request to revoke the permit be approved by the
Planning Commission, Special Management Area Permit No. 10-039, be approved on the Planning
Director’s recommendation, which shall be adopted.
BEAUDET: Second?
SHIMAOKA: Second.
BEAUDET: It has been moved by Commissioner Kaholo for a favorable recommendation, and
seconded by Commissioner Shimaoka. Staff, roll call, please.
JACKSON: Okay. Commissioner Kaholo?
KAHOLO: Aye.
JACKSON: Commissioner Whittemore?
WHITTEMORE: Aye.
JACKSON: Commissioner Church?
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CHURCH: Aye.
JACKSON: Commissioner Nobriga?
NOBRIGA: Aye.
JACKSON: Commissioner Shimaoka?
SHIMAOKA: Aye.
JACKSON: Commissioner Unger?
UNGER: Aye.
JACKSON: And Chair Beaudet?
BEAUDET: Aye.
JACKSON: Okay, the motion to revoke the permit passes, seven-zero.
The discussion ended at 9:48 a.m.
Respectfully submitted,
Noriko Sauer, Secretary
Leeward Planning Commission
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