2003-11-07 Planning Commission Minutes

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In response to Commissioner SpringerÓs inquiry, Mr. Hayashi stated that references to at least 50% of the lot area to be retained in forest should be changed to 80% in both the background report and recommendation. Commissioner Graham questioned why the Department was recommending a favorable recommendation when in the Malian change of zone application the Department recommended an unfavorable recommendation. He noted that in the denial it stated that the Director adopted a policy of recommending against rezonings to smaller lot sizes when it appears highly probable the resulting dwellings will not be farm dwellings in any meaningful way and the property is not designated for urban or rural uses in the General Plan. In response to Commissioner GrahamÓs inquiry, Mr. Yuen clarified applies to rezonings of much smaller lot sizes, such as 5 acres to 2 acres; and that in this case the rezoning actually allows the County to include some forest preservation conditions on the property that otherwise would not exist, referring to the County Council passing a 1996 resolution to retain the forest cover to preserve the watershed area. The applicantÓs representative, Gregory Mooers, concurred with Director YuenÓs assessment that the Council did pass a resolution in which they established a policy to have 10-acre lot sizes above the 3,000-foot elevation to preserve the forest since people were cutting the forest to lower their real property tax rates, then 5-acre lot sizes below the 3,000-foot elevation, and 3-acre lot sizes below the 5-acre lot sizes. He sated the proposed rezoning is consistent with that Council resolution. Mr. Yuen agreed with Mr. Mooers to delete Condition I in light of the State Historic th Preservation DivisionÓs August 13 comment that the proposed action would have no effect on historic sites. Mr. Mooers agreed with Commissioner McCall that Condition J requires the applicant to cease all grading work if anything of archaeological significance is found unless and until the applicant obtains a clearance from the DNLR, State Historic Preservation Division. In response to Commissioner SpringerÓs inquiry, Mr. Mooers said they do recognize the area is in forest and does have cultural value and resources there, which is the whole idea of preserving the forest; however, there are no indications that there have been gathering taking place on this particular property. LunakanawaiÓs oral testimony was made a part of the record (SEE EXHIBIT A). There was no further testimony offered into the record. It was moved by Commissioner Kubota and seconded by Commissioner Mina that the public hearing be closed. Motion was unanimously carried by a voice vote of all Commissioners in attendance. 3