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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 \[SEE EXHIBIT A\]. 1 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. 2 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 3