HomeMy WebLinkAbout2019-01-17 Leeward Planning Commission Minutes
LEEWARD PLANNING COMMISSION
COUNTY OF HAWAI‘I
MINUTES
JANUARY 17, 2019
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 Michael Vitousek
ABSENT AND EXCUSED: Nancy Carr Smith and Faye Yates
ALSO PRESENT: Malia Hall, Esq. (Counsel for the Commission), Michael Yee (Planning
Director), Jeff Darrow (Planning Program Manager), Christian Kay (Planner), Alex Roy
(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. He explained the procedure for public
testimony.
RECESSED Staff requested a short recess due to malfunction of the recording
equipment. Chairman Unger called a short recess at 9:32 a.m.
RECONVENED The meeting reconvened at 9:35 a.m.
STATEMENTS FROM THE PUBLIC
No statements were presented under this section of the agenda.
NEW BUSINESS
1. APPLICANT: KILOHANA MAKAI LLC (AMEND SMA 07-000020)
Application for a 5-year time extension to comply with Condition No. 3 (Complete Construction)
of SMA Permit No. 07-000020, which was issued in 2007 to allow the development of a 5-story,
11-unit residential condominium on 14,450 square feet of land. The property is located along the
makai side of Ali‘i Drive, adjacent to and south of the Kona Banyan Tree Condominium,
stnd
Hōlualoa 1 and 2, North Kona, Hawai‘i, TMK: (3) 7-6-014:013.
At 9:35 a.m., with approximately 13 people from the public in attendance, Chairman Unger
announced that this agenda item was postponed. He opened the floor for public testimony and
Mr. Bob Hoxsie presented his testimony \[SEE EXHIBIT A\].
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There being no one else who wished to testify, it was moved by Commissioner Shimaoka and
seconded by Commissioner Kealoha that the public testimony on this agenda item be closed.
A voice vote was taken and the motion carried with all in favor.
2. APPLICANT: MARTIN M. OHAN TRUST (REZ 17-000219)
Application for a Change of Zone from an Agricultural-5 acre (A-5a) to a Family
Agricultural-1 acre (FA-1a) zoning district for approximately 5.966 acres of land. The parcel
is situated south of Hi‘olani Street, at the end of Lālei Place, Oʻoma 1st, North Kona,
Hawai‘i, TMK: (3) 7-3-005:112.
The Commission took up this item at 9:40 a.m., with approximately eleven people from the
public in attendance.
Action: It was moved by Commissioner Shimaoka and seconded by Commissioner Kealoha that a
favorable recommendation be forwarded to the County Council on the application for a Change of
Zone, Docket No. REZ 17-000219, based on the Planning Director’s recommendation, which shall
be adopted. A roll call vote was taken and motion carried with five ayes (Shimaoka, Kealoha,
Church, Vitousek and Unger), no noes, and two absent and excused (Carr Smith and Yates). \[SEE
HEARING TRANSCRIPT – EXHIBIT B\]
3. APPLICANT: 64-560 MAMALAHOA LLC (REZ 18-000232)
Application for a Change of Zone from an Agricultural-40 acre (A-40a) to a Family
Agricultural-1-acre (FA-1a) zoning district for approximately 10.94 acres of land. The parcel is
situated on the north side of Māmalahoa Highway, approximately 0.42 miles west of White Road
and approximately 150 feet east of Puʻu Manu Place, Puʻukapu Homesteads, 2nd Series, South
Kohala, Hawaiʻi, TMK: (3) 6-4-017:043.
At 10:03 a.m., with approximately eleven people from the public in attendance, Chairman Unger
stated that this agenda item was also postponed. There was no one from the public who wished
to testify on this application.
MINUTES
Approval of the Minutes of the December 10, 2018, Leeward Planning Commission
meeting.
At 10:04 a.m. it was moved by Commissioner Kealoha and seconded by Commissioner Vitousek
that the minutes be approved as submitted. A voice vote was taken and the motion carried with
all in favor.
ADMINISTRATIVE MATTERS
Discussion of recent Special Management Area (SMA) determinations, minor permits and
enforcement action issued by the Planning Director.
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The Commission took up this item at 10:05 a.m., with approximately eleven people from the
public in attendance.
Mr. Darrow drew the Commissioners’ attention to the latest log that had been distributed, and
reported that applications had been coming in steadily. He said that with the exception of delays
caused by review or enforcement of archaeological, historic and cultural matters, applications
were being processed in a timely manner. He reported that SMA related enforcement was also
going smoothly with no new violations to report at this time, except for one case in the
Conservation District in East Hawai‘i. He spoke of pending matters along Ali‘i Drive that
created a jurisdictional difficulty because of the ever-changing shoreline, a portion of which was
now under one of those houses. He said that it was not an easy process to resolve such a case.
There were no questions from the Commission.
ANNOUNCEMENTS
Mr. Darrow introduced new staff planners, Mr. Alex Roy, who had most recently worked in the
state Department of Land and Natural Resources, Office of Conservation and Coastal Lands, and
Ms. Jessica Andrews who had worked in the Department of Public Works, Building Division.
Mr. Darrow also informed the Commission that the short-term vacation rentals bill, Bill 108,
which the Planning Commissions had acted on earlier, had been adopted by the County Council,
and that the Planning Department was actively amending the Planning Department Rules to meet
the effective date of the ordinance, which was April 1, 2019. Upon inquiry by Chairman Unger,
Mr. Darrow clarified that public hearings on proposed amendments to the Planning Department
Rules would be held in both Kona and Hilo by the Planning Department, not by the Planning
Commissions.
ADJOURNMENT
There being no further business, it was moved by Commissioner Shimaoka 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 10:10 a.m.
Respectfully submitted,
Noriko Sauer, Secretary
A T T E S T:
Keith F. Unger, Chairman
Leeward Planning Commission
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