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Home My WebLink About2016-04-21 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES APRIL 21, 2016 The Leeward Planning Commission met in regular session at 9:36 a.m. in the West Hawai‘i Civic Center, Community Center, Building G, 74-5044 Ane Keohokālole Highway, Kailua-Kona, Hawai‘i, with Chairman Keith Unger presiding. COMMISSIONERS PRESENT: Keith Unger, Scott Church, Collin Kaholo, Barbara Nobriga and Sonny Shimaoka ABSENT AND EXCUSED: Brandi Beaudet ALSO PRESENT: Danny Patel (Counsel for the Commission), Duane Kanuha, (Planning Director), Daryn Arai (Planning Program Manager), Jeff Darrow (Planner), Christian Kay (Planner) and Noriko Sauer (Commission Secretary) And approximately 80 people from the public in attendance. A quorum was present. Chair Unger called the meeting to order, and introduced the Commissioners and staff to members of the public. He also described the procedure for public testimony. STATEMENTS FROM THE PUBLIC – No statements were presented under this section of the agenda. NEW BUSINESS 1.INITIATOR: PLANNING DIRECTOR (AMEND REZ 443) The Planning Director has initiated an amendment to Change of Zone Ordinance No. 889, adopted by the County Council in 1983, which reclassified approximately 28 acres from the Agricultural-40 acres (A-40a) to an Agricultural-5 acres (A-5a) zoning district. The proposed amendment is to delete Conditions C and H which would remove the current agricultural use restrictions and instead allow agricultural land uses that are permitted by the State Land Use Law and the County Zoning Code. The properties covered by this ordinance are located north of Hawai‘i Belt Road and west of Kauakea Road in the Kauakea nd Subdivision, Pu‘ukapu Homesteads, 2 Series, South Kohala, Hawai‘i, TMKs: 6-4-017:023, 064-067, and 078 (formerly TMK: 6-4-017:023). The Commission took up this item at 9:38 a.m., with approximately 80 people from the public in attendance. (SEE EXHIBIT A) 1 2.APPLICANTS: CARL AND CHRISTINE CARLSON (REZ 16-201) Application for a Change of Zone from an Agricultural-5 acres (A-5a) to a Family Agricultural-2 acres (FA-2a) zoning district for 5 acres of land located along the west (makai) side of the Hawaiʻi Belt Road (Highway 190) between the 30 and 31 mile markers nd and approximately 0.5 mile north of the entrance to the Makalei Golf Course, Kukiʻo 2 and Maniniʻōwali, North Kona, Hawaiʻi, TMK: 7-2-004:027. The Commission took up this item at 9:49 a.m., with approximately 80 people from the public in attendance. (SEE EXHIBIT B) 3.APPLICANTS: DANIEL SHEEN (formerly TAKESHI KUDO) (Amend SPP 714) Request to amend Special Permit No. 714, which allowed the establishment of a coffee mill, office and general store on .643-acre of land situated in the State Land Use Agricultural District. The amendment request seeks to extend the permitted operational hours for the general store from its current 8:00 a.m. to 5:00 p.m. period to a proposed 5:00 a.m. to 10:00 p.m. operation. The property is located along the west (makai) side of the Hawaiʻi Belt Road (Highway 11), approximately 900 feet south of the Middle Keʻei – Highway 11 junction, Honaunau, South Kona, Hawai‘i, TMK: 8-4-006:053. At 10:04 a.m. there were approximately 80 people from the public in attendance. Chair Unger stated that this agenda item was postponed until the next meeting. There was no one who wished to testify regarding this application. RECESSED Chair Unger called a short recess at 10:05 a.m. RECONVENED The meeting reconvened at 10:09 a.m. 4.APPLICANT: OCEAN VILLAS AT KAHALUU BAY, LLC (SMA 16-063) ‘ Request for a Special Management Area (SMA) Use Permit to allow for the development of a 306-unit multiple family residential project and its related improvements including, but not limited to, internal utilities and driveways, landscaping, recreational amenities such as swimming pools, and off-site infrastructural improvements such as sewer system improvements within Ali‘i Drive and an emergency access/driveway improvements within the proposed Kahului-Keauhou Parkway right-of-way. The affected properties, consisting of approximately 42.551 acres, is located along the mauka (east) side of Ali‘i Drive and Kahalu‘u Bay, approximately 1,375 feet north of the Ali‘i Drive-Makolea Street intersection in Kahalu‘u, North Kona, Hawai‘i, TMK: 7-8-010:004 and 7-8-014:013. The Commission took up this item at 10:09 a.m., with approximately 80 people from the public in attendance. (SEE EXHIBIT C) 2 During the hearing the Commission went into executive session at 12:23 p.m. by a motion made by Commissioner Shimaoka, seconded by Commissioner Kaholo, and unanimously carried by a roll call vote, for the purpose of consulting with the Commission’s counsel regarding legal questions or issues pertaining to the Commission’s powers, duties, privileges, immunities and liabilities. The Commission came out of executive session at 12:34 p.m. by a motion made by Commissioner Shimaoka, seconded by Commissioner Nobriga, and unanimously carried by a voice vote. APPLICANT: TANTE URBAN (Amend REZ 1020) 5. Request for a 5-year time extension to Condition C (time to complete construction) of Change of Zone Ordinance No. 03-115, which rezoned 7,501 square feet of land from a Multiple-Family Residential -1,000 square feet (RM-1) to a Village Commercial–7,500 square feet (CV-7.5) zoning district. The subject property is located at 75-5733 Kalawa Street, approximately 150 feet south of its intersection with Kalani Street, Honuaula, North Kona, Hawai‘i , TMK: 7-5-022:040. The Commission took up this item at 12:41 p.m., with approximately ten people from the public in attendance. (SEE EXHIBIT D) 6.APPLICANT: ALI‘I PALMS, LLC (formerly LEHUA LANI, LLC) (AMEND REZ 1039/ AMEND SMA 441) Request to amend Condition B (time extension to secure subdivision approval), Condition J (drainage improvements) and Condition V (fair share payment) of Change of Zone Ordinance No. 04-56, and Condition No. 4 (time extension to secure subdivision approval) and Condition No. 6 (drainage improvements) of SMA Use Permit No. 441. In 2004, the property was rezoned from Agricultural- 5acres (A-5a) to Single Family Residential- 7,500 square feet (RS-7.5) and SMA Permit No. 441 was issued to allow the development of a 58-unit single family residential house and lot subdivision and related improvements. The property is located along the east (mauka) side of Ali‘i Drive, between the Ali‘i Lani Condominium and the Ali‘i Garden Marketplace and across from the Kona By the Sea and nd Kona Riviera Villas condominium complexes, Puapua‘a 2, North Kona, Hawai‘i, TMK: 7-5-020:071 and 072. At 12:53 p.m. there were eight people from the public in attendance. Chair Unger stated that this agenda item was deferred to a future meeting. Testimony was provided by Ms. Joy Mills regarding her concerns about the proposed development’s impact on wildlife and its habitat (SEE EXHIBIT E). There being no one else who wished to testify regarding this application, a motion to close public testimony was made by Commissioner Shimaoka, seconded by Commissioner Nobriga, and unanimously carried by a voice vote. 3 UNFINISHED BUSINESS 7.APPLICANT: LALAMILO FARM PARTNERS, LP (Amend SPP 77-20/SPP 378) Continued hearing on a request to Amend Special Permit No. 378 to allow the establishment of a fitness center; refrigerated box truck parking area; bakery; honey storage and distribution facility; butter processing, storage and distribution facility; limited retail sales area and related improvements on approximately 0.5 acre of land situated within the State Land Use Agricultural District. The subject property is located on the north side of Lalamilo Farm Road approximately 900 feet west of its intersection with the Māmalahoa Highway and within the Lalamilo Farm Lots Subdivision at Lalamilo, South Kohala, Hawai‘i, TMK: 6-6-005:032 (portion). The Commission took up this item at 12:56 p.m., with four people from the public in attendance. (SEE EXHIBIT F) During the hearing the Commission went into executive session at 1:33 p.m. by a motion made by Commissioner Nobriga, seconded by Commissioner Shimaoka, and unanimously carried by a voice vote, for the purpose of consulting with the Commission’s counsel regarding legal questions or issues pertaining to the Commission’s powers, duties, privileges, immunities and liabilities. The Commission came out of executive session at 1:43 p.m. by a motion made by Commissioner Shimaoka, seconded by Commissioner Nobriga, and unanimously carried by a voice vote. MINUTES – The Commission took up the following minutes at 1:54 p.m.: March, 2016 meeting – It was moved by Commissioner Kaholo and seconded by Commissioner Church that the minutes be approved as submitted. The motion was unanimously carried by a voice vote. ADMINISTRATIVE MATTERS 1.Status of applications heard by Leeward Planning Commission that are pending before County Council – No status report was presented. ANNOUNCEMENTS – Mr. Arai stated that the next meeting is scheduled for May 19, 2016, which agenda would include the items that were postponed or continued from this meeting. Mr. Arai also announced that two individuals had been nominated by the Mayor to the Commission: Nancy Carr Smith from South Kohala and Perry Kealoha from North Kona. Chair Unger took the opportunity to commend the Planning Department staff for their thorough work despite the high volume demanded by this meeting in a short period of time. 4 ADJOURNMENT – There being no further business, at 1:57 p.m., Chair Unger declared the meeting adjourned. Respectfully submitted, Noriko Sauer, Secretary A T T E S T: Keith Unger, Chairman Leeward Planning Commission 5