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HomeMy WebLinkAbout2017-08-17 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES AUGUST 17, 2017 The Leeward Planning Commission met in regular session at 9:30 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 F. Unger presiding. COMMISSIONERS PRESENT: Keith F. Unger, Nancy Carr Smith, Scott Church, Collin Kaholo, Perry Kealoha and Barbara Nobriga ABSENT AND EXCUSED: Sonny Shimaoka ALSO PRESENT: Malia Ho Hall (Counsel for the Commission), Michael Yee (Planning Director), Jeff Darrow (Planning Program Manager), Maija Jackson (Planner), Christian Kay (Planner) and Noriko Sauer (Commission Secretary) And nine 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: RT’S SERVICE, LLC (AMEND SPP 1247) Request to amend Special Permit No. 1247 by deleting Condition 2 (life of the permit), Condition 6 (increasing days and hours of operation), increasing the number of stored vehicles to 135, and expanding the permit area to 1.647 acres. Special Permit No. 1247 was issued in 2004 to allow office and storage uses for investigative/collection services, a towing service, and short term parking for repossessed or disabled vehicles on approximately 14,273 square feet of a 5.006-acre parcel in the State Land Use Agricultural District. The property is located along the west side of Kauakea Road, approximately 400 feet north of the Kauakea Road- Māmalahoa Highway (Highway 19) intersection, and abutting the Nani Waimea Subdivision, Pu‘ukapu Homesteads, South Kohala, Hawai‘i, TMK: 6-4-017: Portion of 064. The Commission took up this item at 9:32 a.m., with seven people from the public in attendance. Action: It was moved by Commissioner Kaholo and seconded by Commissioner Nobriga that the application to amend Special Permit Number 1247 be approved based on the Planning Director’s 1 findings, recommendations, and proposed amended conditions, which shall be adopted; furthermore, the life of the permit shall run with the current owner, David McCollough Trust, and shall cease upon sale or transfer of the property or the sale or transfer of the business to a different owner. A roll call vote was taken and the motion carried with six ayes (Kaholo, Nobriga, Carr Smith, Church, Kealoha and Unger) and one absent and excused (Shimaoka). \[SEE HEARING TRANSCRIPT – EXHIBIT A\] 2. APPLICANT: 1250 OCEANSIDE, LLC (FORMERLY 1250 OCEANSIDE PARTNERS) (AMEND SPP 07-000044) Request to amend Special Permit No. 07-44, which allowed the conversion of an existing temporary golf shop to a temporary real estate sales center on approximately 10,000 square feet portion of land situated within the State Land Use Agricultural District. The applicant is requesting a one-year extension of time to comply with Condition No. 2 (convert existing golf shop to a temporary real estate sales center), removal of the 5-year time limit of Condition No. 3 (timing for use of temporary real estate office) and an increase in the square footage of the permit area from 10,000 square feet to 13,900 square feet. The property is located on Puʻu Ohau Place within the Club at Hōkūliʻa, Keʻekeʻe & Kanakau, South Kona, Hawai‘i, TMK: 8-1-004:085. The Commission took up this item at 10:12 a.m., with two people from the public in attendance. Action: It was moved by Chair Unger and seconded by Commissioner Church that the application to amend Special Permit 07-44 be approved based on the Planning Director’s findings, recommendation and proposed conditions, including the correction of the Preservation Site references in the Background Report and the Recommendation from “S-15” to “S-31,” a change in Condition 2 to read, “Prior to issuance of certificate of occupancy, the applicant, successors or assigns shall secure Final Plan Approval …,” and a change in Condition 3 to read, “Use of the temporary structure as a real estate sales center shall terminate after all lots within the development are sold or after 15 years from the effective date of this amended permit, whichever occurs first. The structure shall ….” A roll call vote was taken and the motion carried with six ayes (Unger, Church, Carr Smith, Kaholo, Kealoha and Nobriga) and one absent and excused (Shimaoka). \[SEE HEARING TRANSCRIPT – EXHIBIT B\] MINUTES Approval of the Minutes of the June 15, 2017, Leeward Planning Commission meeting. At 10:42 a.m. 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. 2 ADMINISTRATIVE MATTERS stth Mr. Darrow stated that the September meeting date was changed from the 21 to the 25 due to a schedule conflict with the Hawai‘i Congress of Planning Officials (“HCPO”) conference. He said that the agenda was not yet finalized, as some of the applicants were thinking about delaying their requests in light of a recent court decision on the Missler case. Mr. Darrow also stated that Chair Unger and Commissioner Kealoha were going to attend the thnd HCPO conference this year that was to be held from September 20 through September 22, along with two commissioners from the Windward Planning Commission and some other County board members. th Mr. Darrow informed the Commission that the September 25 meeting agenda might include a presentation by the State Office of Planning regarding its Coastal Zone Management and Special Management Area policies. Mr. Darrow further informed the Commission that Ocean Villas at Kahalu‘u Bay, LLC had withdrawn its application during the contested case proceeding. ANNOUNCEMENTS None. ADJOURNMENT At 10:47 a.m. there being no further business, Chairman Unger declared the meeting adjourned. Respectfully submitted, Noriko Sauer, Secretary A T T E S T: Keith F. Unger, Chairman Leeward Planning Commission 3