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HomeMy WebLinkAboutAGE PC 05/17/1994 1992-1994 38th SESSION AGENDA COMMITTEE ON PLA~dtdIhG Takashi Domingo, Chairman Brian J. De Lima, Vice Chairman James Y. Arakaki Keola Childs Helene H. Hale Jim M. Rath Robert Rosehill ~ ~ Spencer K. Schutte, Ex-Officio Member..; ,a -a ,T, - - DATE: May 17, 1994 (Tuesday) PLACE: Councilroom TIME: 1:30 n.m. -rt CALL TO ORDER STATEMENTS FROM THE PUBLIC ON ITEMS ON THE AGENDA REFERRALS Comm. 272.01: LILIUOKALANI TRUST - TIME EXTENSION REQUEST CONDITION C OF ORDINANCE 91-27 - TMK: 7-4-14:15 Copy of letter to James Bell, Belt Collins & Associates, from Planning Director Virginia Goldstein, dated April 22, 1994, acknowledging receipt of Liliuokalani Trust's annual progress report on Ordinance No. 91-27 and granting their request for a time extension for the satisfaction of Condition C of the ordinance until May 24, 1994. Comm. 1005: CONDITION K - IN LIEU MONETARY FEE CHANGE OF ZONE ORDINANCE 92-36 APPLICANT: HUALALAI PROPERTIES, INC. TMK• 7-5-10• PORTION OF 13 AND 7-5-23: 68 Copy of letter to Steven S. C. Lim, Carlsmith Ball Wickman Murray Case & Ichiki, from Planning Director Virginia Goldstein, dated April 18, 1994, acknowledging receipt of $50,907.31 for the first of two installments to meet Condition K of Ordinance 92-36. Comm. 1021: KONA 2020 ROADWAY PLAN-REID & ASSOCIATES (MARCH 1, 1994) From Planning Commission Chairman Donald Manalili, dated April 20, 1994, informing that the Commission is reviewing the Kona 2020 Roadway Plan and requesting the Council's comments in time for consideration at their next Kona meeting, tentatively scheduled for June 30, 1994. States this proposal is the result of a private sector initiative to address the increasing traffic congestion in Kona. PC-38 Page 2 May 17, 1994 Comm. 1037: STEVEN WEINSTEIN'S BED AND BREAKFAST USE PERMIT 93-12 APPLICATION-TMK 3-5-5-15.36 HAWI From Frank and Marian Johnson, dated April 20, 1994, responding to Steven Weinstein's testimony concerning his bed and breakfast use permit application. Comm. 1038: DEVELOPMENT AND PROPERTY ASSESSMENT ISSUES IN KONA From Emily Burt, dated April 20, 1994, regarding problems associated with development and increased property assessment issues in Kona. States there is a need for a community-based South Kona regional plan and until there is such a plan, no further developments greater than 10 units should receive consideration. Pet. 21: From Councilman Keola Childs, dated April 26, 1994, transmitting a petition containing about 250 names of mostly South Kona residents calling for immediate action on developing a South Kona Regional Plan. States he will be seeking the Councilmembers' support for a budget appropriation for this purpose. Comm. 1043: REQUEST: AMENDMENT TO CONDITION E (COMPLETE CONSTRUCTION OF PHASE II) CHANGE OF ZONE ORDINANCE NO. 684, AS AMENDED BY ORDINANCE NO. 90-83 APPLICANT: LANIHAU CENTER VENTURE TMK• 7-5-04• PORTION OF 7 Copy of letter to Philip Russell, General Partner, Lanihau Center, from Planning Director Virginia Goldstein, dated April 22, 1994, regarding the above- described request. Also acknowledges receipt of their progress report as required by the subject ordinance. Comm. 1049: SPECIAL PERMIT APPLICATION (SSP 99-6) SATELLITE QUARANTINE STATION FOR CATS TMK: 1-5-54:86 HAWAIIAN PARADISE PARK SUBDIVISION. KEAAU. PUNA From Russell Cummins, dated May 5, 1994, requesting denial of the Special Permit application for the establishment of a Satellite Quarantine Station for Cats within the State Land Use Agriculture District in Hawaiian Paradise Park Subdivision, Keaau, Puna. STATE LAND DISPOSITIONS Comm. 1002: From Glenn Y. Taguchi, Hawaii District Land Agent, State Department of Land and Natural Resources, dated April 13, 1994, transmitting a communication regarding Michael C. Tulang's request to obtain a lease for 150 acres for pasture use of TMK: 3rd/2-6-09:05(Por.) located at Pi'ihonua, South Hilo. PC-38 Page 3 May 17, 1994 Comm. 1003: From Glenn Y. Taguchi, Hawaii District Land Agent, State Department of Land and Natural Resources, dated April 13, 1994, transmitting a communication regarding Michael Dunn's request to obtain a permit for 21,030 Sq. Ft. of land (TMK: 3rd/2-1-03:17) for a Dry Dock facility (Temporary) located at Waiakea, South Hilo. Comm. 1032: From Glenn Y. Taguchi, Hawaii District Land Agent, State Department of Land and Natural Resources, dated April 21, 1994, transmitting a communication regarding Hawaii Electric Light Company, inc.'s request to grant an easement (subject to survey) for electrical distribution line purposes located at Kehena-Keekee Homesteads, Puna. Comm. 1033: From Glenn Y. Taguchi, Hawaii District Land Agent, State Department of Land and Natural Resources, dated April 19, 1994, transmitting a communication regarding Hamakua-North Hilo Agriculture Cooperative's request to grant a permit for 117.980 acres (TMK: 3rd/4-6-01:07, 08, 16) to farm taro located at Lauka-Kulihai, Hamakua. Comm. 1053: SHORELINE AND BEACH ACCESS AND HAWAII TROPICAL Bp~ANTCAT. AARnF.N' R nONATION OF LAND - ONOMEA BAY From Council Chairman S. Kalani Schutte, dated May 5, 1994, transmitting copies of letters from him to Public Works Chairwoman Merle K. Lai, dated January 17, 1992, regarding shoreline and beach access to Onomea Bay; and to Dan J. Lutkenhouse of Hawaii Tropical Botanical Garden (HTBG) dated April 18, 1994, regarding their proposal to donate 20 acres of land in exchange for the approval of all pending HTBG building permits and the conditions that they be allowed to continue to control access to their main garden acreage and coastline. Comm. 1052: ORDINANCE BILL AMENDING SECTION 25-86 (NORTH AND SOUTH (Bill 248) KONA DISTRICTS ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM RESORT-HOTEL (V-2.25 AND V-10), MULTIPLE FAMILY RESIDENTIAL (RM-3 AND RM-10), VILLAGE COMMERCIAL (CV-10) AND OPEN (O) TO RESORT-HOTEL (V-2.25), MULTIPLE FAMILY RESIDENTIAL (RM-3 AND RM-10), VILLAGE COMMERCIAL (CV-10) AND OPEN (O) AT KAUPULEHU, NORTH KONA - TMK 7-2-03:PORTIONS OF 4, 5 AND 6 APPLICANT: KAUPULEHU LAND COMPANY (FORMERLY KAUPULEHU VENTURES) (624 4 ACRES) From Planning Commission Chairman Donald L. Manalili, dated May 6, 1994, submitting the above bill. PC-38 Page 4 May 17, 1994 Comm. 962: ORDINANCE BILL AMENDING SECTION 25-86 (NORTH AND SOUTH (Bill 225) KONA DISTRICTS ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO AGRICULTURAL (A-la), (A-3a), (A-200a), (A-255a) AND (A-SOOOd) AT KEALAKEKUA, KILOA, WAIPUNAULA, KALAMA KUMU, AND KALAMAKOWALI, SOUTH KONA (APPROXIMATELY 11,184 ACRES) - TMK: 8-2-12:12 AND A PORTION OF 1 APPLICANT: KEALAKEKUA DEVELOPMENT CORPORATION From Planning Commission Chairman Donald L. Manalili, dated March 17, 1994, submitting the subject bill. The following are communications regarding Kealakekua Development Corporation's rezoning request: Comm. 590: From Lani Kahawaii, President, Hawaii Island Chamber of Commerce, dated 08/31/93. Comm. 590.01: From Rodney Oshiro, President, Japanese Chamber of Commerce & Industry of Hawaii, dated 09/15/93. Comm. 590.02: From Colbert Nozaki, President, Kona Young Farmers Association, dated 09/24/93. Comm. 590.03: From Gilbert Fukumitsu, dated 10/12/93. Comm. 590.04: Copy of letter to Planning Commission Chairman Donald Manalili, from Robert D. Carruthers, President, GBS, inc., dated 10/13/93. Comm. 590.05: Copy of letter to Planning Director Virginia Goldstein, from Bryan Damon, The Office Place, dated 10/11/93. Comm. 590.06: From Sally Alapai, dated 10/08/93. Comm. 590.07: Copy of letter to Planning Director Virginia Goldstein, from Sherwood R. H. Greenwell, Kealakekua Ranch, Ltd., dated 10/13/93. Comm. 590.08: From Dean Uemura, dated 10/04/93. Comm. 590.09: Copy of letter to Planning Director Virginia Goldstein, from Bea Van Wyngarden, dated 10/18/93. Comm. 590.10: From Jay H. Nonaka, dated 10/18/93. Comm. 590.11: From Robert H. Faust, Ph.D., President, Faust Bio- Agricultural Services, Inc., dated 10/14/93. Comm. 590.12: From Wayne Tanaka, dated 09/26/93. PC-38 Page 5 May 17, 1994 Comm. 590.13: From Richard Lim, President, Quest International, dated 09/30/93. Comm. 590.14: Copy of letter to Planning Commission Chairman Donald Manalili, from Sheldon H. Kuwana, dated 10/06/93. Comm. 590.15: From David Inkster, Kings' Trail Rides O'Kona, dated 10/05/93. Comm. 590.16: From Byron Fujimoto, President, Hawaii Island Contractors' Association, dated 10/06/93. Comm. 590.17: Copy of letter to Planning Director Virginia Goldstein, from Roger M. Hibline, dated 10/06/93. Comm. 590.18: From Kazuyoshi Aoki, dated 10/07/93. Comm. 590.19: From Morris Kimura, dated 10/11/93. Comm. 590.20: From Kent Nakashima, President, Kona Jr. Golf Association, dated 10/08/93. Comm. 590.21: Copy of letter of Planning Director Virginia Goldstein, from Dana Eudaley, dated 10/07/93. Comm. 590.22: Copy of letter to Planning Commission Chairman Donald Manalili, from Tomio Kikuchi, dated 10/06/93. Comm. 590.23: From Deborah McCormick, Office Manager, Kealakekua Development Corporation, dated 10/04/93. Comm. 590.24: From Greq L. Carter, Value Engineer, Taskmaster Consultants, dated 10/14/93. Comm. 590.25: From Charles R. and Jean S. Porter, dated 10/11/93. Comm. 590.26: From Clayton Shiraki, dated 09/30/93. Comm. 590.27: From Alfreida F. Fujita, dated 10/12/93. Comm. 590.28: Copy of letter to Planning Commission Chairman Donald Manalili, from Marge Mulhall, dated 10/15/93. Comm. 590.29: Copy of letter to Planning Commission Chairman Donald Manalili, from Mr. and Mrs. William P. Hodgins, dated 10/12/93. Comm. 590.30: Copy of letter to Planning Director Virginia Goldstein, from Ralph Fukumitsu, President, Insurance Hawaii, dated 10/22/93. PC-38 Page 6 May 17, 1994 Comm. 590.31: From Mary Routery, dated 10/25/93. Comm. 590.32: From Richard Cormack, dated 10/14/93. Comm. 590.33: Copy of letter to Planning Commission Chairman Donald Manalili, from Roland Crisafi, dated 10/13/93. Comm. 590.34: Copy of letter to Planning Commission Chairman Donald Manalili, from Mary M. Love, dated 10/26/93. Comm. 590.35: Copy of letter to Planning Commission Chairman Donald Manalili, from Tomio Kikuchi, dated 10/06/93. Comm. 590.36: Copy of letter to Planning Commission Chairman Donald Manalili, from George Kahumoku, Jr. of Kealia Farms, dated 10/26/93. Comm. 590.37: Copy of letter to Planning Director Virginia Goldstein, from Gary Uriu, D.D.S., dated 10/13/93. Comm. 590.38: Copy of letter to Planning Director Virginia Goldstein, from Larry Jose, dated 10/11/93. Comm. 590.39: Copy of letter to Planning Director Virginia Goldstein, from Thom Breeze, dated 10/10/93. Comm. 590.40: Copy of letter to Planning Commission Chairman Donald Manalili, from Hideyuki and Tamiko Nagai, dated 10/09/93. Comm. 590.41: Copy of letter to Planning Commission Chairman Donald Manalili, from Dwight Manago, H. Manago Hotel, dated 10/15/93. Comm. 590.42: Copy of letter to Planning Commission Chairman Donald Manalili, from Lily Lam, Hong Kong Chop Suey, dated 10/19/93. Comm. 590.43: From Theodore T. Fujii, dated 10/06/93. Comm. 590.44: From Minoru Inaba. Comm. 590.45: Copy of letter to Planning Commission Chairman Donald Manalili, from Saul Lelah. Comm. 590.46: From Dana McMillen, dated 10/13/93. Comm. 590.47: From Arthur Takahara, dated 10/22/93. PC-38 Page 7 May 17, 1994 Comm. 590.48: Copy of letter to Planning Director Virginia Goldstein, from Roy Y. Honda, President, Kona County Farm Bureau, dated 10/18/93. Comm. 590.49: Copy of letter to Planning Director Virginia Goldstein, from Wally Kobayashi, dated 10/12/93. Comm. 590.50: Copy of letter to Planning Commission Chairman Donald Manalili, from Muneo Inoue, dated 10/01/93. Comm. 590.51: From Fusao Sugai, dated 10/12/93. Comm. 590.52: Copy of letter to Planning Commission Chairman Donald Manalili, from Yash Y. Deguchi, dated 10/16/93. Comm. 590.53: Copy of letter to Planning Commission Chairman Donald Manalili, from Takeo and Fumiko Nagamine, dated 10/19/93. Comm. 590.54: From George Brenner, dated 10/26/93. Comm. 590.55: Copy of letter to Planning Commission Chairman Donald Manalili, from Lily N. Kong, dated 10/06/93. Comm. 590.56: Copy of letter to Planning Commission Chairman Donald Manalili, from Kent Fleming, Ph.D., dated 10/26/93. Comm. 590.57: Copy of letter to Planning Director Virginia Goldstein, from Kenneth Apilado, dated 10/26/93. Comm. 590.58: Copy of letter to Planning Director Virginia Goldstein, from Rev. Hosho Shindo, Resident Minister, Kona Hongwanji Mission, dated 10/29/93. Comm. 590.59: Copy of letter to Planning Commission Chairman Donald Manalili, from Henry Y. Shimakura. Comm. 590.60: Copy of letter to Planning Commission Chairman Donald Manalili, from Richard Nagata, dated 10/31/93. Comm. 590.61: Copy of letter to Planning Commission Chairman Donald Manalili, from Morris Nagata. Comm. 590.62: Copy of letter to Planning Director Virginia Goldstein, from Eilene K. Morton, dated 10/30/93. Comm. 590.63: From Maverick Kawamoto, National FFA Organization, dated 10/27/93. PC-38 Page 8 May 17, 1994 Comm. 590.64: Copy of letter to Planning Commission Chairman Donald Manalili, from Sotero Aqoot, Jr., dated 11/01/93. Comm. 590.65: From Ken Holzhei, dated 11/09/93. Comm. 590.66: Copy of letter to the Planning Commission, from Rodney Watanabe, dated 11/09/93. Comm. 590.67: Copy of letter to Planning Commission Chairman Donald Manalili, from Yoshitaka Takashiba, dated 11/09/93. Comm. 590.68: Copy of letter to Planning Commission Chairman Donald Manalili, from Kaz Shiqezawa, Landscape Images, Inc., dated 11/09/93. Comm. 590.69: From Thom Breeze, dated 11/12/93. Comm. 590.70: Copy of letter to Planning Commission Chairman Donald Manalili, from Sachi Noma, General Manager, Kealakekua Development Corporation, dated 11/12/93. Comm. 590.71: From Ted Cormier, Big Island Cedar Homes, dated 12/16/93. Comm. 590.72: Copy of letter to the Planning Commission, from Henry A. Ross, dated 2/7/94. Comm. 590.73: From Councilman Keola Childs, dated 2/28/94. Comm. 590.74: From Henry A. Ross, dated 3/2/94. Comm. 590.75: From Byron Fujimoto, President, Hawaii Island Contractors' Association, dated 3/2/94. Comm. 590.76: From Ralph Fukumitsu, President, Insurance Hawaii, Inc., dated 3/2/94. Comm. 590.77: From Carl H. Okuyama, President & Chief Executive Officer, Sure Save Supermarkets, Ltd., dated 3/4/94. Comm. 590.78: From William L. Wong, Certified Public Accountant, dated 5/4/94. Comm. 590.79: From Lani Kahawaii, President, Hawaii Island Chamber of Commerce, dated March 15, 1994. Comm. 590.80: Copy of letter to Esther Ueda, Executive Director, State Land Use Commission, from Planning Director Virginia Goldstein, dated March 21, 1994. PC-38 Page 9 May 17, 1994 UNFINISHED BUSINESS Comm. 925: PLANNING DIRECTOR INITIATED ORDINANCE BILL (Bill 219) AMENDING CHAPTER 25 (ZONING CODE), HAWAII COUNTY CODE, 1983, AS AMENDED, RELATING TO INDUSTRIAL-COMMERCIAL MIXED USE DISTRICTS From Planning Commission Chairman Donald L. Manalili, dated February 28, 1994, transmitting a bill to allow the establishment of a mined use zone which would allow for compatible commercial uses mined with light industrial uses. Comm. 718: From Patrick Kahawaiolaa, Aupuni O Hawaii, dated November 19, 1993, objecting to the ordinance bill amending the Zoning Code if it will affect lands having the status of Hawaiian Homes Lands. States they realize that the majority of lands with Industrial-Commercial designation in Hilo are Hawaiian Homes Lands and that the ordinance change should not include the lands having the status of Hawaiian Homes Lands. Comm. 925.01: From J. Curtis Tyler, III, dated March 22, 1994, expressing opposition to Bill 219 in its present form. Comm. 925.02: From Corporation Counsel Richard D. Wurdeman, dated April 29, 1994, responding to the Planning Committee's request for comments on Patrick Kahawaiola'a's objection to the consideration of zoning ordinances on Hawaiian Home Lands. States the Attorney General ruled on this question in 1972, as attached, which he concurs with. Comm. 936: IMPOSITION OF INDEMNIFICATION CONDITION OF APPROVAL OF ALL ACTIONS CONSIDERED BY PLANNING COMMISSION From Planning Commission Chairman Donald L. Manalili, dated March 9, 1994, responding to PC Chairman Takashi Domingo's communication requesting the Commission's rationale for imposing a condition requiring applicants to indemnify the County from any loss, liability, claim for property damage, personal injury or death arising out of any act or omission of the applicant. States it is their intent to have an indemnification clause included as a condition of approval of all actions considered by the Commission for reasons, as listed. Comm. 936.01: From Corporation Counsel Richard Wurdeman, dated April 22, 1994, responding to the Planning Committee's request for comments on Communication 936. NEW BUSINESS STATEMENTS FROM THE PUBLIC ADJOURNMENT