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HomeMy WebLinkAbout2019-02-21 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES FEBRUARY 21, 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, Nancy Carr Smith, Scott Church, Perry Kealoha, Sonny Shimaoka and Michael Vitousek ABSENT AND EXCUSED: Faye Yates ALSO PRESENT: Malia Hall, Esq. (Counsel for the Commission), Michael Yee (Planning Director), Jeff Darrow (Planning Program Manager), Christian Kay (Planner), Jessica Andrews (Planner) and Noriko Sauer (Commission Secretary) And approximately twelve 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. STATEMENTS FROM THE PUBLIC No statements were presented under this section of the agenda. NEW BUSINESS 1. APPLICANT: ELLEN GARVER KOIZUMI (REZ 983) Application for time extension to Condition D (Final Subdivision Approval) of Change of Zone Ordinance No. 12 156, which amended Change of Zone Ordinance No. 02 64, which reclassified approximately 40,282 square feet of land from an Agricultural-5 acre (A-5a) to a Single-Family Residential-20,000 square feet (RS-20) zoning district in 2005. The subject property is located at 73-4270 Hawaiʻi Belt Road, along the west (makai) side of Hawaiʻi Belt Road (Māmalahoa Highway), adjacent to and south of the Kona Coastview Subdivision at the end of Leimomi Street, Kalaoa 4th, North Kona, Hawaiʻi, Tax Map Key: (3) 7-3-005:030. The Commission took up this item at 9:34 a.m., with approximately twelve people from the public in attendance. Action: It was moved by Commissioner Shimaoka and seconded by Commissioner Church that a favorable recommendation be forwarded to the County Council on the request to amend Change of 1 Zone Ordinance 12 156 based on the Planning Director’s recommendation, which shall be adopted. A roll call vote was taken and motion carried with six ayes (Shimaoka, Church, Carr Smith, Kealoha, Vitousek and Unger), no noes, and one absent and excused (Yates). \[SEE HEARING TRANSCRIPT – EXHIBIT A\] 2. APPLICANT: INHABIT HAWAI‘I, LLC (FORMERLY VIPASSANA HAWAI‘I) (AMEND SPP 1091) Application to amend Condition No. 2 (establish meditation center) of Special Permit No. 1091, which allowed the establishment of the Hawai‘i Insight Meditation Center on 15 acres of land situated in the State Land Use Agricultural District. The subject property is located about 1 mile east of Kapaau, makai of Pratt Road approximately 900 feet west of the Pratt Road-Kapanai‘a Road intersection and is situated just west of the Hālawa Gulch, Napapa‘a, North Kohala, Hawai‘i, TMK: (3) 5-3-007: portion of 043. At 9:52 a.m., with approximately twelve people from the public in attendance, Chairman Unger stated that there was a request from the Planning Department that this agenda item be postponed. It was moved by Commissioner Shimaoka and seconded by Commissioner Church that the hearing on this application be postponed until the April 18, 2019, meeting. A voice vote was taken and the motion carried with all in favor. There was no one from the public who wished to testify on this agenda item. 3. APPLICANT: DPM ACQUISITION LLC DBA DIAMOND RESORTS INTERNATIONAL (FORMERLY PACIFIC MONARCH RESORTS, INC.) (AMEND SMA NO. 388) Application for an amendment to Condition No. 2 (time to complete construction) of Special Management Area Use Permit No. 388, which was approved to allow the development of a commercial/condominium complex and related improvements on 76,739 square feet of land. The property is located on the makai side of Ali‘i Drive bounded by Ali‘i Drive and Kahakai Road, south of Royal Kona Resort and north of Kona Reef Condominium, Pua‘a 3rd, North Kona, Hawai‘i, TMK: (3) 7-5-18:011. At 9:54 a.m., with approximately eleven people from the public in attendance, Chairman Unger announced that the hearing on this agenda item was postponed to a future meeting at the request of the applicant. There was no one from the public who wished to testify on this agenda item. 4. APPLICANT: 64-560 MAMALAHOA LLC (REZ 18-000232) Application for a Change of Zone from an Agricultural-40 acre (A-40a) to an Agricultural-5 acre (A-5a) 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. The Commission took up this item at 9:55 a.m., with eight people from the public in attendance. 2 At 11:04 a.m. it was moved by Commissioner Shimaoka and seconded by Commissioner Church that the Commission enter into executive session to consult with its counsel regarding questions and issues pertaining to its powers, duties, privileges and liabilities pursuant to Hawai‘i Revised Statutes 92-5. A voice vote was taken and the motion carried with all in favor. Chairman Unger called a short recess and the room was cleared. The Commission went into executive session at 11:07 a.m. At 11:11 a.m. it was moved by Commissioner Shimaoka and seconded by Commissioner Church that the Commission go out of executive session. Upon a voice vote, the motion carried with all in favor. The meeting was reconvened at 11:12 a.m. Action: It was moved by Commissioner Shimaoka and seconded by Commissioner Carr Smith that an unfavorable recommendation be forwarded to the County Council on the application for a Change of Zone, Docket No. REZ 18-000232. A roll call vote was taken and motion carried with four ayes (Shimaoka, Carr Smith, Church and Vitousek), two noes (Kealoha and Unger), and one absent and excused (Yates). \[SEE HEARING TRANSCRIPT – EXHIBIT B\] MINUTES Approval of the Minutes of the January 17, 2019, Leeward Planning Commission meeting. At 11:24 a.m. it was moved by Commissioner Vitousek and seconded by Commissioner Shimaoka 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. The Commission took up this item at 11:25 a.m., with three people from the public in attendance. Copies of the updated SMA Assessment log were distributed to the Commissioners. In his brief report, Mr. Darrow stated that SMA Assessment applications were steadily coming in. Commissioner Church asked whether and to what extent the Planning Department’s analysis of applications was influenced by the new short-term vacation rental law. Mr. Darrow responded that there had been three applications recently that appeared to be set up for vacation rental, and that staff had to ask whether the applicant’s intention was to live in it or to rent it short term. He noted that the only opportunity for a new short-term vacation rental to be legal would be for the property to be located within a permitted area, since it would be impossible to build and meet the requirements for a non-conforming use certificate within the set time frame at this point. Commissioner Carr Smith asked whether the SMA rules and/or guidelines were being adjusted for climate change and rising sea level. Mr. Darrow responded that there were a number of bills proposing changes to the SMA laws in relation to climate change and sea level rise before the State Legislature in the current legislative session, and that when new laws were enacted, the 3 Planning Department would then amend its rules accordingly to implement them. Director Yee commented that he was a member of the statewide climate commission, and that there were legislators on the commission who were pushing bills to give direction from the state level to the county level. He said that other planning directors were also seeing that on all of the islands this matter was handled case by case when there was no state law in place, and that the challenge was that it was unclear what ability the counties had now, to make adjustments in order to process applications that were obviously impacted by sea level rise. He further said that the county did not necessarily want to get into precedent setting, but at the same time, as a planning director, he did not want to be foolish about his choices. He also mentioned that although Hawai‘i State was not getting the leadership at the national level to be able to set national policy in this matter, the State was ahead of the curve compared to most other states in pushing forward on the issue. Chairman Unger spoke of a question regarding consequences of not meeting condition deadlines, which Commissioner Carr Smith had brought up during the hearing on Agenda Item No. 1, and expressed his concern about some applicants not paying attention to their condition time frame and counting on the support of the Planning Department for time extension. At the advice of counsel, Chairman Unger dismissed further discussion about this topic and it was moved by Commissioner Vitousek and seconded by Commissioner Carr Smith that the Commission agendize for the next meeting a discussion on the consequences of not complying with conditions of approval. A voice vote was taken and the motion carried with all in favor. ANNOUNCEMENTS Mr. Darrow announced that a public hearing in Kona on proposed amendments to the Planning Department Rules relative to the new short-term vacation rental law was scheduled for February 28, 2019. ADJOURNMENT There being no further business, it was moved by Commissioner Church that the meeting be adjourned. A voice vote was taken and the motion carried with all in favor. Chairman Unger adjourned the meeting at 11:36 a.m. Respectfully submitted, Noriko Sauer, Secretary A T T E S T: Keith F. Unger, Chairman Leeward Planning Commission 4