2006-08-25 Planning Commission Minutes

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APPLICANT: D-BAR RANCH, LLC (SMA 06-000009) Continuation on the application for a Special Management Area (SMA) Use Permit to allow the 120-unit condominium project and related uses. The property is located between Alii Drive and the proposed Kahului-Keauhou Parkway (aka Alii Parkway), mauka of the Kona Magic Sands nd Condominium and north of the White Sands Beach Estates Subdivision, Pahoehoe 2, North Kona, Hawaii, TMK: 7-7-8:21 & 23 (SEE EXHIBIT B) SLU 06-000011The Commission took this item up at 2:44 p.m. with REZ 06-00041approximately 11 people from the public in attendance. JAMES AND MADELEINE BUDDE OULI, SOUTH KOHALA APPLICANTS: JAMES AND MADELEINE BUDDE (SLU 06-000011/REZ 06-000041) a.State Land Use Boundary Amendment for 5.003 acres of land from an Agricultural to a Rural district. b.Change of Zone for 5.003 acres of land from an Agricultural -5 acre (A-5a) to a Residential and Agricultural 2-acre (RA-2a) district. The property is located along the south side of Kanehoa Street and north of Keanuiomano Stream, Anekona Estates Subdivision, Ouli, South Kohala, Hawaii, TMK: 6-2-11: 20. Mr. Hayashi oriented the Commission and public of the subject and surrounding properties on the location map and site plan, summarized the requests, and noted the Planning Director recommends approval of the applications with conditions on the change of zone application. Commissioner Siracusa questioned if a condition could be imposed that would prevent the applicant from further subdividing the property. Mr. Torigoe said it was generally not a good idea to try and bind the Council or the Planning Commission to not do any further legislative decisions in the future. Commissioner Watanabe felt Condition D addressed Commissioner Siracusa’s concern on density as the applicant would not be able to construct another dwelling on the property. In response to Commissioner Siracusa’s concern, the applicant’s representative Gregory Mooers said, in addition to the conditions of the change of zone, the CC&Rs for the subdivision prevent any further subdivision of the property. Mr. Mooers clarified that within the subdivision, there are six CPRS, the subject application is th the 25 of the original 36 lots to ask for rezoning, and there would be only 5 remaining lots that have yet to be subdivided if this rezoning goes through. He added that Dr. Budde does have two water meters, and beyond that no additional rezonings can occur until the water source at Ouli is developed. There was no one from the public wishing to testify on the application. 2