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Home My WebLink About2018-09-20 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES SEPTEMBER 20, 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, Scott Church, Perry Kealoha, Sonny Shimaoka and Faye Yates ABSENT AND EXCUSED: Nancy Carr Smith and Michael Vitousek ALSO PRESENT: Malia Hall, Esq. (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 70 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 the meeting and public testimony. STATEMENTS FROM THE PUBLIC No statements were presented under this section of the agenda. NEW BUSINESS 1. APPLICANT: BRUCE B. A. EASLEY AND AUSTIN K. P. EASLEY (FORMERLY BRUCE B. EASLEY) (AMEND REZ 04-000030) Application for a 5-year time extension to comply with Condition D (Secure Final Subdivision Approval) of Change of Zone Ordinance No. 05 66, which reclassified 20.254 acres of land from an Agricultural (A-20a) to Agricultural (A-10a) zoning district. The property is located along the west side of Kaloko Drive, approximately 4,000 feet mauka from the Haleamau Street - Kaloko Drive intersection, Kaloko Mauka Subdivision, Kaloko, North Kona, Hawaiʻi, TMK: 7-3-027:007. The Commission took up this item at 9:32 a.m., with approximately 70 people from the public in attendance. Action: It was moved by Commissioner Church and seconded by Commissioner Shimaoka that a favorable recommendation be forwarded to the County Council on the request to amend Change of Zone Ordinance No. 05 66, based on the Planning Director’s recommendation and proposed amended conditions, which shall be adopted. A roll call vote was taken and motion carried with 1 five ayes (Church Kealoha, Shimaoka, Yates and Unger) and two absent and excused (Carr Smith and Vitousek). \[SEE HEARING TRANSCRIPT – EXHIBIT A\] 2. INITIATOR: COUNTY COUNCIL (BILL NO. 108, DRAFT 4) An Ordinance amending Chapter 25, Article 1, Article 2, Article 4, and Article 5 of the Hawai‘i County Code 1983 (2016 edition, as amended), relating to short-term vacation rentals. The purpose of this bill is to manage the impacts of these short-term vacation rentals by: 1) defining where this use will be allowed; 2) establishing provisions and standards to regulate this use; and 3) providing an avenue for an existing use deemed to be improper by this ordinance, to apply for a nonconforming use certificate that would allow them to continue to operate in a non-permitted district. The County Council has referred Bill 108, Draft 4 to the Planning Director and the Windward and Leeward Planning Commissions for comment and recommendations. The Commission took up this item at 9:42 a.m., with approximately 80 people from the public in attendance. RECESSED Chairman Unger called a recess at 10:54 a.m. RECONVENED The meeting reconvened at 11:03 a.m. RECESSED Chairman Unger called a lunch recess at 1:00 p.m. RECONVENED The meeting reconvened at 1:35 p.m. Action: It was moved by Commissioner Church and seconded by Commissioner Shimaoka that a favorable recommendation be forwarded to the County Council on Bill No. 108, Draft 4, based on the Planning Director’s recommendation and suggested revisions, which shall be adopted, subject to additional recommendations of the Leeward Planning Commission as follows: 1) that significantly expressed concern for adequate enforcement is funded adequately to ensure compliance; 2) to re-examine details of the registration process to a potential simplification, and consequently easier and more complete compliance; 3) identify updated software that is adequate to properly administer the bill; 4) continue to research ways to include high-density residential projects into permitted short-term vacation rental use; and 5) under Section 25-4 (a)(1)(C), to delete the following inclusion at the end of the second sentence, which ended in “Resort Node areas,” and delete “provided that a use permit is obtained in the RS zoning district.” A roll call vote was taken and motion carried with four ayes (Church, Shimaoka Yates, and Unger), one no (Kealoha) and two absent and excused (Carr Smith and Vitousek). \[SEE HEARING TRANSCRIPT – EXHIBIT B\] MINUTES Approval of the Minutes of the August 16, 2018, Leeward Planning Commission meeting. At 2:50 p.m. it was moved by Commissioner Shimaoka and seconded by Commissioner Church that the minutes be approved as submitted. The motion was unanimously passed by a voice vote. 2 ADMINISTRATIVE MATTERS 1. Review, deliberation, and comment regarding the request from the Hawai‘i County Charter Commission dated July 31, 2018. The County Charter Commission is requesting consultation from the Leeward Planning Commission to review how the County Charter affects the Planning Commission’s role and operations within the County, and any proposals it may have to amend the Charter. The Commission took up this item at 2:52 a.m., with three people from the public in attendance. Mr. Jackson explained the request from the Hawai‘i County Charter Commission, and showed on the presentation screen the section of the County Charter relating to the Planning Commissions. She said that the Windward Planning Commission had received and discussed the same request. She presented the following recommendations of the Windward Planning Commission for the Leeward Planning Commission’s consideration: 1) Section 6-7.3. Windward Planning Commission. Delete the last sentence of Section 6-7.3. (c), which states “In addition, the director of public works and the manager of the department of water supply, or their designated representatives, shall serve as ex-officio members of the windward planning commission, without power to vote.” The reason is that it is not necessary to have ex-officio members since anyone from the public or county departments may participate at the planning commission’s public hearings. \[The same provision pertaining to the Leeward Planning Commission is Section 6-7.4.\] 2) Section 6-7.5. Duties and Functions of the Windward and Leeward Planning Commissions; and Section 6-7.6. Transitional Provisions. Delete the last sentence of Section 6-7.5.(b), which states “The existing rules of practice and procedure of the Hawai‘i county planning commission , except for meeting places, shall apply to both commissions until the new uniform rules of practice and procedure are adopted,” as well as all of Section 6-7.6. The reason is that those sections related to procedures for transitioning from one to two Planning Commissions are no longer relevant, and also that uniform rules of practice and procedure have already been adopted by the Commissions jointly. Chairman Unger commented that he agreed with the recommendations of the Windward Planning Commission, and that the Leeward Planning Commission could make the same recommendations. There were no further comments. It was moved by Commissioner Shimaoka and seconded by Commissioner Church that the Commission agree to the recommendations of the Windward Planning Commission and forward the same to the County Charter Commission. The motion was unanimously passed by a voice vote. 3 2. Discussion of recent Special Management Area (SMA) determinations and minor permits issued by the Planning Director. There were no discussions on this matter. ANNOUNCEMENTS There were no announcements. ADJOURNMENT It was moved by Commissioner Yates and seconded by Commissioner Church that the meeting be adjourned. Motion was unanimously carried by a voice vote. Chairman Unger adjourned the meeting at 2:58 p.m. Respectfully submitted, Noriko Sauer, Secretary A T T E S T: Keith F. Unger, Chairman Leeward Planning Commission 4