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HomeMy WebLinkAbout2019-03-21 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES MARCH 21, 2019 The Leeward Planning Commission met in regular session at 9:34 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 Faye Yates ABSENT AND EXCUSED: Michael Vitousek ALSO PRESENT: Malia Hall, Esq. (Counsel for the Commission), Amy Self (Deputy Corporation Counsel), Ronald Kim (Deputy Corporation Counsel), Michael Yee (Planning Director), Jeff Darrow (Planning Program Manager), Maija Jackson (Planner) and Noriko Sauer (Commission Secretary) And approximately 45 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. Chairman Unger announced that both New Business items, Kilohana Makai LLC (AMEND SMA 07-000020) and Dana Kern (SPP 19-0000204), were postponed, but that the Commission would hear public testimony on those applications, if any. 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 stnd Banyan Tree Condominium, Hōlualoa 1 and 2, North Kona, Hawai‘i, TMK: (3) 7-6-014:013. 1 At 9:38 a.m., with approximately 45 people from the public in attendance, Chairman Unger restated that the hearing on this application was postponed. Nineteen public members provided their testimony. \[SEE HEARING TRANSCRIPT – EXHIBIT A\] 2. APPLICANT: DANA KERN (SPP 19-000204) Application for a Special Permit to legitimize the conversion of an existing garden store to be used for a K-8 private school for up to 49 students on 3.281 acres of land in the State Land Use Agricultural District. The subject property is located at 74-4820 Māmalahoa Highway, at the intersection with Palani Road, Hōlualoa, Hawai‘i, TMK: (3) 7-4-006:012. Chairman Unger restated that the hearing on this application was postponed. There was no one from the public who wished to testify on this agenda item. ADMINISTRATIVE MATTERS 1. Discussion on Permit or Ordinance condition deadlines and consequences of not complying with condition deadlines. The Commission took up this item at 10:25 a.m., with approximately 30 people from the public in attendance. Following a presentation by the Planning Department, eight public members provided their statements. Chairman Unger called for a short recess at 11:03 a.m. and the meeting reconvened at 11:12 a.m., with approximately 15 people from the public in attendance. \[SEE HEARING TRANSCRIPT – EXHIBIT B\] 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 12:38 p.m., with approximately twelve people from the public in attendance. Mr. Darrow stated that copies of the updated SMA Assessment log had been distributed digitally to the Commissioners earlier. He reported that the Department had been receiving a few SMA Assessment applications a week in both Kona and Hilo, most of which were single-family dwellings. He also spoke of cliff collapses that had been occurring since Hurricane Lane, and said that the collapse had come very close to the residence in a couple of sites within the knowledge of the Department. He further said that along with climate change and sea level rise, these issues were being discussed and implemented into state law, which would eventually reach county law. There were no questions from the Commissioners. MINUTES Approval of the Minutes of the February 21, 2019, Leeward Planning Commission meeting. At 12:42 p.m. 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. 2 ANNOUNCEMENTS Director Yee announced that Commissioner Shimaoka’s term was ending this month, but that he had agreed to remain on board until either the June meeting or the appointment of his successor, whichever came first. He thanked Commissioner Shimaoka, and presented him with a lei and a Certificate of Appreciation from Mayor Kim. Director Yee also announced that Deputy Corporation Counsel Amy Self was retiring the following week. He mentioned that she had been counseling the Planning Department for over 13 years, and thanked her with a lei. ADJOURNMENT There being no further business, it was moved by Commissioner Shimaoka and seconded 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 12:45 p.m. Respectfully submitted, Noriko Sauer, Secretary A T T E S T: Keith F. Unger, Chairman Leeward Planning Commission 3