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Home My WebLink About2018-01-18 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES JANUARY 18, 2018 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, Sonny Shimaoka (until 1:07 p.m.) and Barbara Nobriga (from 10:00 a.m.) ALSO PRESENT: Malia Ho Hall (Counsel for the Commission), Michael Yee (Planning Director), Jeff Darrow (Planning Program Manager), Maija Jackson (Planner), Shancy Watanabe (Planner) and Noriko Sauer (Commission Secretary) And approximately 40 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: HALE PACIFICA LLC (AMEND SMA 03-000007) Request to amend Condition No. 3 (Minimum Access Easement Width) of Special Management Area (SMA) Use Permit No. 03-000007, which was approved to allow the construction of a 3½-story, 45-foot high, 12-unit multiple-family residential development and related improvements. The property is located on the west (makai) side of Ali‘i Drive, stnd adjacent to and north of the Sea Village Condominium Complex, Kahului 1 & 2, North Kona, Hawai‘i, TMK: (3) 7-5-019:030. The Commission took up this item at 9:32 a.m., with approximately 50 people from the public in attendance. Commissioner Church stated that he would recuse himself from this agenda item due to a direct conflict of interest, and exited the room. Action: It was moved by Commissioner Kealoha and seconded by Commissioner Kaholo that the application to amend Condition Number 3 of Special Management Area Use Permit Number 1 03-000007 be approved based on the Planning Director’s recommendation and findings, which shall be adopted. A roll call vote was taken and the motion carried with four ayes (Kealoha, Kaholo, Carr Smith and Unger), one no (Shimaoka), and one absent and excused (Nobriga). \[SEE HEARING TRANSCRIPT – EXHIBIT A\] 2. APPLICANT: WAIKOLOA BC, LLC (AMEND SMA 412) Application to amend SMA Permit No. 412 to remove a 7.849-acre portion from the 10-acre permit area so that the permit will cover a remaining 2.151-acre area. SMA Permit No. 412 was approved on November 30, 2000 to allow the development of a recreational/restaurant/ office complex, four single-family dwellings, parking area, and other related recreational facilities, and associated improvements and infrastructure. The subject property is located at the south end of ‘Anaeho‘omalu Bay and encompasses the Lava Lava Beach Club, Waikoloa Beach Resort, ‘Anaeho‘omalu, South Kohala, Hawai‘i, TMK: (3) 6-9-007:015. 3. APPLICANT: WAIKOLOA BC, LLC (REZ 17-000225) Application for a Change of Zone from a Resort-Hotel - 2 acres (V-2a) to a Resort-Hotel - 7,500 square feet (V-7.5) zoning district for a 7.849-acre portion of a 10-acre parcel of land. The subject property is located at the south end of ‘Anaeho‘omalu Bay and encompasses the Lava Lava Beach Club, Waikoloa Beach Resort, ‘Anaeho‘omalu, South Kohala, Hawai‘i, TMK: (3) 6-9-007:015 (por). 4. APPLICANT: WAIKOLOA BC, LLC (SMA 17-000068) Application for a Special Management Area (SMA) Use Permit for a two-lot subdivision and development of a resort complex to include 44 rentable transient units, a caretaker’s residence, a fitness and recreational center, a reception/guest services area, and related accessory uses on a 7.849-acre portion of a 10-acre parcel of land. The subject property is located at the south end of ‘Anaeho‘omalu Bay and encompasses the Lava Lava Beach Club, Waikoloa Beach Resort, ‘Anaeho‘omalu, South Kohala, Hawai‘i, TMK: (3) 6-9-007:015 (por). The Commission took up these items simultaneously at 9:58 a.m., with approximately 60 people from the public in attendance. Chair Unger stated that due to potentially a perceived conflict of interest he would recuse himself from deliberation and voting on these applications, but that he would remain as chairperson to preside over the hearing. Action: It was moved by Commissioner Nobriga and seconded by Commissioner Carr Smith that the Commission continue the hearing to the February 15, 2018, meeting and conduct a site visit prior to it. A roll call vote was taken and the motion carried with five ayes (Nobriga, Carr Smith, Church, Kaholo and Kealoha) and one absent and excused (Shimaoka). \[SEE HEARING TRANSCRIPT – EXHIBIT B\] 2 MINUTES Approval of the Minutes of the November 16, 2017, Leeward Planning Commission and the October 30, 2017, Joint Planning Commission meetings. At 1:28 p.m. it was moved by Commissioner Nobriga and seconded by Commissioner Kaholo that the minutes be approved as submitted. The motion was unanimously carried by a voice vote. ADMINISTRATIVE MATTERS 1. Election of Officers for 2018. Mr. Darrow opened the floor for nomination. Upon inquiry by Chairman Unger, Mr. Darrow clarified that Commissioner Kaholo was currently holding over with his term having been expired st last December, and that Commissioner Nobriga’s term would end as of March 31 of this year. Commissioner Church nominated Chairman Unger and Commissioner Shimaoka for the positions of chairperson and vice chairperson, respectively. Commissioner Nobriga seconded both nominations. Upon Chairman Unger’s acceptance of his nomination, Mr. Darrow took a voice vote, and Chairman Unger was elected chairperson for 2018. Also, Commissioner Shimaoka was elected vice chairperson by a voice vote. \[The secretary later confirmed Commissioner Shimaoka’s acceptance by phone.\] 2. Review and discussion of recent Special Management Area (SMA) determinations and minor permits issued by the Planning Director. A copy of two recent letters, one issuing an exemption determination and the other issuing a SMA Minor Permit, and an SMA assessment log for the period of November 2017 through the middle of January 2018, was distributed to the Commissioners \[SEE EXHIBIT C\]. Ms. Jackson briefly explained the examples, and asked how much information the Commission desired to receive every month. She noted that the Windward Planning Commission had asked for the log and to be made aware of any controversial applications and/or issues. The consensus among the Commissioners was to request the same, and that the log did not have to be separated by the Commission jurisdiction. In response to Commissioner Carr Smith’s question regarding cost valuation determination, Mr. Darrow said that the Planning Department worked with the Department of Public Works, Building Division (“DPW”), who would provide an estimate based on their standard calculation. He further said that in the case of the example letter, the DPW estimate and the applicant’s calculation were almost identical, and therefore, the Planning Director determined to issue a Minor Permit. Upon inquiry by Commissioners Kealoha and Church, Mr. Darrow also said that if further development, including subdivision of the parcel for development purposes, was to occur subsequent to a Minor Permit, it would be considered an accumulation of development and would no longer qualify for another Minor Permit, rather, the applicant would have to apply for a Major Permit. 3 ANNOUNCEMENTS Concerning the February 15, 2018, meeting, Mr. Darrow said that there was one item aside from the continued Waikoloa BC, LLC applications, whose location was also in the Waikoloa Beach Resort neighboring the Kings’ Shops. ADJOURNMENT There being no further business, Chairman Unger adjourned the meeting at 1:44 p.m. Respectfully submitted, Noriko Sauer, Secretary A T T E S T: Keith F. Unger, Chairman Leeward Planning Commission 4