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Home My WebLink About2018-12-10 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES DECEMBER 10, 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, Michael Vitousek and Sonny Shimaoka (until 1:02 p.m.) ABSENT AND EXCUSED: Faye Yates ALSO PRESENT: Ronald Kim, Esq. (Counsel for the Commission), Michael Yee (Planning Director), Jeff Darrow (Planning Program Manager), Maija Jackson (Planner) and Noriko Sauer (Commission Secretary) And eight 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 public testimony. STATEMENTS FROM THE PUBLIC No statements were presented under this section of the agenda. NEW BUSINESS 1. APPLICANT: T & M PROPERTIES, LLC (FORMERLY SAMSON, LLC) (REZ 17-000220) Request to amend Condition C (Complete Construction), Condition D (Dedicate Road Widening Strip), Condition N (Fair Share Contribution), and add a new condition to allow an administrative time extension, of 1) Ordinance No. 09-049, which amended Ordinance No. 92-036, which reclassified 5.52 acres of land from Unplanned (U) and Double-Family Residential-3,750 square feet (RD-3.75) to Multiple-Family Residential - 2,500 square feet (RM-2.5) and Village Commercial-7,500 square feet (CV-7.5) and 2) Ordinance No. 09-050, which amended Ordinance No. 86-049, which reclassified 1.04 acres of land from Multiple Family Residential-2,000 square feet (RM-2) to Village Commercial-7,500 square feet (CV-7.5). The subject property is located along the north and east side of Hualālai Road, th,th th northwest of the Aloha Kona Subdivision, Hienaloli 4 5and 6, North Kona, Hawai‘i, TMK: (3) 7-5-010:013 (formerly 7-5-023:064 and 067). The Commission took up this item at 9:32 a.m., with seven people from the public in attendance. 1 At 10:40 a.m. it was moved by Commissioner Shimaoka and seconded by Commissioner Church that the Commission go into executive session to consult with its counsel. A voice vote was taken and the motion carried with all in favor. The room was cleared, and the Commission went into executive session at 10:41 a.m. for the purpose of consulting with its counsel regarding questions and issues pertaining to the Commission’s powers, duties, privileges, immunities, and liabilities, pursuant to Hawai‘i Revised Statutes 92-5. At 10:58 a.m. it was moved by Commissioner Shimaoka and seconded by Commissioner Church that the Commission go out of executive session. A voice vote was taken and the motion carried with all in favor. The meeting was reconvened at 10:59 a.m. Action: It was moved by Commissioner Carr Smith and seconded by Commissioner Church that a favorable recommendation be forwarded to the County Council on the request to consolidate and amend Change of Zone Ordinances No. 09-49 and 09-50, based on the Planning Director’s recommendation and proposed amended conditions, including the addition of requirement of an Archaeological Inventory Survey in Condition O, the deletion of the new condition allowing an administrative time extension, and an added condition that the proposed project remain in concept an independent senior living facility, which shall be adopted. A roll call vote was taken and motion carried with four ayes (Carr Smith, Church, Kealoha and Vitousek), two noes (Shimaoka and Unger) and one absent and excused (Yates). \[SEE HEARING TRANSCRIPT – EXHIBIT A\] 2. APPLICANT: KULEANA SPIRITS INC. (SMA 18-000069) Application for a Special Management Area Use Permit to allow the development of a micro-distillery and visitor center with a tasting room and related accessory improvements on approximately 8 acres of a 43.854-acre parcel within the Special Management Area. The subject property is located on the east side of ‘Upolu Road, just south of ‘Upolu Airport, about 0.6 miles north of the Akoni Pule Highway-‘Upolu Road intersection, Kealahewa 3rd, North Kohala, Hawaiʻi, TMK (3) 5-5-006: por. 010. 3. APPLICANT: KULEANA SPIRITS INC. (SPP 18-000197) Application for a Special Permit to allow the development of a micro-distillery and visitor center with a tasting room and related accessory improvements on approximately 8 acres of a 43.854-acre parcel within the State Land Use Agricultural District. The subject property is located on the east side of ‘Upolu Road, just south of ‘Upolu Airport, about 0.6 miles north of the Akoni Pule Highway-‘Upolu Road intersection, Kealahewa 3rd, North Kohala, Hawaiʻi, TMK (3) 5-5-006: por. 010. The Commission took up these items simultaneously at 11:18 a.m., with three people from the public in attendance. Action on SMA 18-000069: It was moved by Commissioner Shimaoka and seconded by Commissioner Church that the application for a Special Management Area Use Permit, Docket No. SMA 18-000069, be approved based on the Planning Director’s recommendation and proposed conditions, including a revision to Condition No. 4 and an additional condition requiring the submission of an archaeological mitigation plan, which shall be adopted. A roll call vote was taken and motion carried with six ayes (Shimaoka, Church, Carr Smith, Kealoha, 2 Vitousek and Unger), no noes and one absent and excused (Yates). \[SEE HEARING TRANSCRIPT – EXHIBIT B\] Action on SPP 18-000197: It was moved by Commissioner Shimaoka and seconded by Commissioner Vitousek that the application for a Special Permit, Docket No. SPP 18-000197, be approved based on the Planning Director’s recommendation and proposed conditions, including revisions to Conditions No. 7 and No. 9. A roll call vote was taken and motion carried with six ayes (Shimaoka, Vitousek, Carr Smith, Church, Kealoha and Unger), no noes and one absent and excused (Yates). \[SEE HEARING TRANSCRIPT – EXHIBIT B\] RECESSED Chairman Unger called a short recess at 12:45 p.m. RECONVENED The meeting reconvened at 12:50 p.m. MINUTES Approval of the Minutes of the October 18, 2018, Leeward Planning Commission meeting. It was moved by Commissioner Shimaoka and seconded by Commissioner Carr Smith that the minutes be approved as submitted. A voice vote was taken and the motion carried with all in favor. ADMINISTRATIVE MATTERS 1. Election of Officers for 2019 Mr. Darrow explained the election procedure to the Commission. Chairman Unger opened the floor for nominations. Commissioner Church nominated Chairman Unger for chairperson for another year. Commissioner Carr Smith commented that she was not against the nomination; however, it might be healthier for the Commission to have a new leadership. Chairman Unger encouraged the other members to take on the position. There being no further nominations, and with his acceptance, Chairman Unger was elected chairperson for 2019 by a voice vote. Commissioner Kealoha nominated Commissioner Carr Smith for vice chairperson. There being no further nominations, and with her acceptance, Commissioner Car Smith was elected vice chairperson for 2019 by a voice vote. 2. Discussion of recent Special Management Area (SMA) determinations, minor permits and enforcement action issued by the Planning Director. The Commission took up this item at 12:59 p.m. Mr. Darrow drew the Commissioners’ attention to the latest log that had been distributed. He briefly explained recent activities on each page, which included SMA Assessment Applications, SMA Short Form Applications, and SMA violations. In response to Commissioner Vitousek’s question regarding Assessment Application No. 1635 about the large increase in the grading and grubbing area, Mr. Darrow said that he did not have 3 firsthand knowledge of the particular case, as it had been processed by the Planning Kona Office, but that the log indicated that an SMA Minor Permit had already been in place, and that the request for an amendment had been approved on November 9, 2018. He further said that his understanding was that the staff had communicated with the State Historic Preservation Division, which was the procedure for this type of requests, and determined that the SMA Minor Permit could be amended. Commissioner Vitousek said that he was unsure that that much of change in ground disturbance might bring the Minor Permit to the Major Permit level. Mr. Darrow responded that typically if the cost valuation was 500,000 dollars or more and/or if historical, archaeological, ecological, or environmental impacts were determined to be significant, it would come to the Commission for a Major Permit. Commissioner Shimaoka was excused to leave the meeting at this time, 1:02 p.m. In response to Commissioner Kealoha’s question as to the consequence of the Planning Department exceeding the assessment expiration date, Mr. Darrow said that the staff review was sometimes delayed for reasons beyond their control, in which case they would ask the applicant for a time extension. He further said that applicants were normally accommodating; however, the Commission Rules also provided that they could request to come to the Commission, if they did not wish to agree to extend the determination deadline. ANNOUNCEMENTS There were no announcements. ADJOURNMENT There being no further business, it was moved by Commissioner Church and seconded by Commissioner Kealoha that the meeting be adjourned. A voice vote was taken and the motion carried with all in favor. Chairman Unger adjourned the meeting at 1:05 p.m. Respectfully submitted, Noriko Sauer, Secretary A T T E S T: Keith F. Unger, Chairman Leeward Planning Commission 4