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Home My WebLink About2018-06-21 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES JUNE 21, 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, Perry Kealoha, Barbara Nobriga and Sonny Shimaoka ALSO PRESENT: Malia Hall, Esq. (Counsel for the Commission), Jeff Darrow (Planning Program Manager), Maija Jackson (Planner), Christian Kay (Planner), and Noriko Sauer (Commission Secretary) And approximately 13 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. Chairman Unger announced that this was Commissioner Nobriga’s last meeting, as her term had ended after five years of service. He read aloud Mayor Kim’s Certificate of Appreciation, which was then presented to her along with a flower lei. Chairman Unger explained the procedure for public testimony. STATEMENTS FROM THE PUBLIC No statements were presented under this section of the agenda. NEW BUSINESS 1. APPLICANT: WEST HAWAI‘I BUSINESS PARK, LLC (AMEND REZ 1049) Application to amend Condition K (Roadway Improvements) of Ordinance No. 04-110, which reclassified approximately 196.634 acres of land from an Open (O) to an Industrial-Commercial Mixed-20,000 square feet (MCX-20) zoning district and reclassified approximately 85.733 acres of land from an Open (O) to a General Industrial-1 acre (MG-1a) zoning district. The property is located along the east (mauka) side of Queen Kaʻahumanu stnd Highway (State Highway 19), Honokōhau 1 and 2, North Kona, Hawaiʻi, TMKs (3) 7-4-008:013, 030, 074, 076-78 inclusive, 084 and 085. Chairman Unger announced that this item was postponed until the next meeting. 1 2. APPLICANT: SUNSTONE KONA, LLC (AMEND SMA 05-005) Application for a 10-year time extension to comply with Condition No. 9 (Completion of First Phase of Block D) of SMA Permit No. 05-005, which was issued in 2007 to allow the development of approximately 289 multiple-family residential units, commercial improvements and related parking and landscaping improvements on about 46.3 acres of land, and road improvements on about 1.089 acres of land. The subject property is located east of Ali‘i Drive and west of Kuakini Highway, about 1,100 feet south of the st Ali‘i Drive – Lunapule Road intersection, Kahului 1 and 2nd, North Kona, Hawai‘i, TMKs: (3) 7-5-019:049, 050, 054 and por. 7-5-020:001. The Commission took up this item at 9:33 a.m., with approximately 16 people from the public in attendance. RECESSED Chairman Unger called a recess at 11:36 a.m. RECONVENED The meeting reconvened at 11:41 a.m. Executive Session: It was moved by Commissioner Shimaoka and seconded by Commissioner Nobriga that the Commission enter into executive session for the purpose of consulting with the Commission’s counsel pursuant to HRS 92-5. A voice vote was taken and motion carried unanimously. The Commission went into executive session at 11:42 a.m. The Commission came out of executive session at 11:48 a.m. by a motion made by Commissioner Shimaoka, seconded by Commissioner Nobriga and passed by a unanimous voice vote. Action: It was moved by Commissioner Shimaoka and seconded by Commissioner Church that the application to amend SMA Permit No. 05-005 be approved based on the Planning Director’s recommendation and proposed conditions, which to include the changes that the Commission discussed in this hearing, namely Items 2 and No. 7, which shall be adopted. A roll call vote was taken and motion carried with six ayes (Shimaoka, Church, Carr Smith, Kealoha, Nobriga and Unger) and no noes. \[SEE HEARING TRANSCRIPT – EXHIBIT A\] 3. APPLICANT: PR MAUNA KEA, LLC (AMEND SPP 724/LUC SP 90-374) Request for amendment to Special Permit No. 724, which was originally approved to allow for the operation of a quarry and related uses on approximately 143.48 acres of land situated within the State Land Use Agricultural District. The applicant is requesting an amendment to Condition No. 7 (Life of the Permit) to allow a time extension to run coterminous with the current lease between the applicant and WHC, Ltd., dba West Hawai‘i Concrete, which expires on September 3, 2037. The affected property is located approximately 3.7 miles north east of the Māmalahoa Highway/Waiki‘i Road intersection, Waikoloa, South Kohala, Hawai‘i, TMK: 6-7-001:portion of 034 (formerly 6-7-001:portion of 025). The Commission took up this item at 11:52 a.m., with three people from the public in attendance. Action: It was moved by Commissioner Carr Smith and seconded by Commissioner Nobriga that the application to amend Special Permit No. 724 be approved based on the Planning Director’s recommendation and proposed conditions, including the recent edit of Item 5, shall be adopted. 2 A roll call vote was taken and the motion carried with six ayes (Carr Smith, Nobriga, Church, Kealoha, Shimaoka and Unger) and no noes. \[SEE HEARING TRANSCRIPT – EXHIBIT B\] MINUTES Approval of the Minutes of the February 15, 2018, Leeward Planning Commission meeting. At 12:14 p.m. it was moved by Commissioner Shimaoka and seconded by Commissioner Nobriga that the minutes be approved as submitted. The motion was unanimously passed by a voice vote. ADMINISTRATIVE MATTERS Discussion of recent Special Management Area (SMA) determinations and minor permits issued by the Planning Director. At 12:15 p.m. Ms. Jackson said that logs for the past three months had been distributed to the Commissioners by email, and that a new section for active SMA violations had been added. She added that West Hawai‘i currently had several violation cases whereas East Hawai‘i had twice as many. There were no questions from the Commissioners regarding this subject. Commissioner Shimaoka asked if business items on agenda could be rearranged in order for less controversial applications to be taken up first so that individuals who were in attendance for those applications would not have to wait for a long time. Ms. Jackson responded that staff was mindful of the matter and prepared agendas according to the length of hearings anticipated based on community comments and other indications, and that if the Commission saw the need during meeting, the Chairman could call items out of order as well. ANNOUNCEMENTS Upon inquiry by Chairman Unger, Ms. Jackson said that the application from West Hawai‘i Business Park, LLC, which was postponed, would probably be placed on the August meeting agenda. She said further that the agenda for the next meeting on July 19, 2018, tentatively included Special Permit and SMA Permit applications from a distillery in Hawi and a Special Permit time extension request from Goodfellow Brothers, Inc. for its quarry operations. Ms. Jackson announced that the Hawai‘i Congress of Planning Officials conference, which the County of Hawai‘i was to host this year, was cancelled due to the recent lava eruptions. Chairman Unger reiterated his appreciation for Commissioner Nobriga’s dedication during her five-year tenure. 3 ADJOURNMENT There being no further business, it was moved by Commissioner Shimaoka and seconded by Commissioner Nobriga that the meeting be adjourned. Motion was unanimously carried by a voice vote. Chairman Unger adjourned the meeting at 12:19 p.m. Respectfully submitted, Noriko Sauer, Secretary A T T E S T: Keith F. Unger, Chairman Leeward Planning Commission 4