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HomeMy WebLinkAbout2018-02-15 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES FEBRUARY 15, 2018 The Leeward Planning Commission met in regular session at 1:30 p.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, Barbara Nobriga and Sonny Shimaoka ALSO PRESENT: Malia Ho Hall, Esq. (Counsel for the Commission), Michael Yee (Planning Director), Jeff Darrow (Planning Program Manager), Maija Jackson (Planner), Christian Kay (Planner), Shancy Watanabe (Planner) and Noriko Sauer (Commission Secretary) And five 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: KS OWNER, LLC (USE 17-000073) Application for a Use Permit to allow the establishment of an 18-hole golf putting course on a portion of a 9.312-acre parcel of land within the Village Commercial – 10,000 square feet (CV-10) zoned district. Parking for the putting course will be provided on the adjacent 4.503-acre property to the south in the parking lot for the Kings’ Shops. The property is located at 250 Waikoloa Beach Drive and is the location of the Kings’ Shops, which is on the northwest corner of Pohakulana Place and Waikoloa Beach Drive, Waikoloa Beach Resort, South Kohala, Hawai‘i, TMK: (3) 6-9-008:005 por and 6-9-007:001. The Commission took up this item at 1:32 p.m., with four people from the public in attendance. Action: It was moved by Commissioner Church and seconded by Commissioner Kealoha that the application for the Use Permit, Docket Number 17-000073, be approved based on the Planning Director’s findings, recommendation, and proposed amended conditions, which shall be adopted. A roll call vote was taken and the motion carried unanimously. \[SEE HEARING TRANSCRIPT – EXHIBIT A\] 1 MINUTES Approval of the Minutes of the January 18, 2018, Leeward Planning Commission meeting. At 1:49 p.m. it was moved by Commissioner Nobriga and seconded by Commissioner Shimaoka that the minutes be approved as submitted. The motion was unanimously carried by a voice vote. ADMINISTRATIVE MATTERS Review and discussion of recent Special Management Area (SMA) determinations and minor permits issued by the Planning Director. Staff distributed to the Commissioners an updated SMA assessment log of applications that had received determinations in January 2018, as well as those that were still pending. Commissioner Church requested that the log be emailed to the Commissioners in advance to allow time for review. Chairman Unger additionally requested that at the same time staff highlight any applications or issues that the Commission should pay close attention to. Mr. Darrow informed the Commission that the Windward side had one contentious case where the Planning Director’s decision to issue an SMA Minor Permit had been appealed, and that the current difficult cases on the Leeward side were mainly properties along Ali‘i Drive involving certified shoreline surveys. He expounded that applicants were increasingly reluctant to obtain a certified shoreline survey because of a recent Attorney General’s opinion that a certified shoreline also defined the ownership boundary. He directed the Commission’s attention to Application Number 1360 on the log as an example, which had been pending since January 2016, and said that the Planning Director had recently issued a warning letter as the applicant had done some work without permits, and that this case would ultimately entail an environmental assessment and a shoreline setback variance from the Commission. For the Commission’s information Director Yee spoke of Bill 108 initiated by the County Council regarding short-term vacation rentals, which was generating a lot of comments from the public and would eventually make its way to the Commission. He also mentioned that the Planning Department and its counsel had started discussions about longstanding junkyard issues, which the Department had been receiving numerous complaints about on both sides of the island. He said that there were presently 30 open junkyard cases that Planning inspectors were dealing with. He added that while those violations were not directly affecting the Commission, it might start receiving related permit applications from those property owners as a way to resolve violations. Mr. Darrow also noted that the State Legislature was considering Senate Bill 2969, which would have an impact on the SMA permit process. He explained that the bill was proposing to reduce the floor area threshold for a single-family residence to be excluded from the definition of “development” from 7,500 square feet to 2,750 square feet. Commissioner Carr Smith requested a complete set of the current Planning Commission Rules of Practice and Procedure reflecting the recently adopted amendments. Mr. Darrow responded that it would be sent to all the Commissioners. 2 ANNOUNCEMENTS Mr. Darrow stated that the regularly scheduled meeting of March 15, 2018, was cancelled since there was no business to be agendized. Director Yee announced Commissioner Kaholo’s retirement, and thanked him for his dedication and insight during his tenure. He presented Commissioner Kaholo with a Certificate of Appreciation from Mayor Kim. \[Commissioner Kaholo had been on a 90-day holdover following the expiration of his term on December 31, 2017.\] ADJOURNMENT There being no further business, it was moved by Commissioner Shimaoka and seconded by Commissioner Church that the meeting be adjourned. Motion was unanimously carried by a voice vote. 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 3