HomeMy WebLinkAboutCOM 0700.000 1996-1998 oNwos a~ Virginia Goldstein
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PLANNING DEPARTMENT
25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252
(808) 96]-8288 • Fax (B08) 9fi1-8742
January 29, 1998
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
Planning Director Initiated
Charter Amendment of the Hawaii County Charter (1991),
Relating to the Planning Director. Planning Commission and Board of Appeals
This is to inform you that the above-referenced matter has been scheduled for a public hearing by
the Planning Commission. The hearing will be held on Friday, February 20, 1998, at 9:30 a.m.
(Item No. 5), at the Kona Surf Hotel, Kamehameha Ballroom. Enclosed for your information is a
copy of the proposed bill and agenda for the meeting.
Should you have questions regarding the above, please contact Alice Kawaha at Extension
No. 8288.
Sincerely,
~RGINIA GOLDSTEIN
Planning Director
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Enclosures
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COUNTY OF HAWAII STATE OF HAWAII
BILL NO.
ORDINANCE NO.
AN ORDINANCE TO INITIATE A CHARTER AMENDMENT OF THE HAWAII
COUNTY CHARTER (1991), RELATING TO THE PLANNING DIRECTOR, PLANNING
COMMISSION AND BOARD OF APPEALS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Intent and Purpose. The current structure of appeals to government
requirements in the County of Hawaii is duplicative and conflicting. With the proposed
amendments, a more effective appeals system can be established while preserving the right to
appeal and a hearing, which is in accordance with Chapter 91, Hawaii Revised Statutes,
Administrative Procedures. The amendments will eliminate the existing conflict with Section
5-6.3 of the County Charter relating to the Board of Appeals which states in part "The board
shall hear and determine appeals from the actions of the planning director and planning
commission."
The amendments to the Charter would accomplish the following substantive changes:
1. The Planning Commission is eliminated from the variance and special exception
appeals process. Because variances are, by Charter, a discretionary function,
the appeal should be made to the Board of Appeals, where an agency hearing
could then be held.
2. The Board of Appeals is eliminated as the appellate body for quasi-judicial
decisions made by the Platuting Commission. The Charter and the County Code
intend that the Planning Commission should be the final decision-making agency
for certain decisions. In accordance with this legislative intent, agency hearings
should be held by the Planning Commission and appeals be made to the judicial
courts.
3. In order to clearly separate the functions of the decision-making body and the
appellate body, the Board of Appeals is placed for administrative purposes in the
Office of the Corporation Counsel instead of the Planning Department.
In addition, the bill makes less signiP.cant changes to clarify and reinforce the following
existing practices and mandates:
1. Includes duties of the Planning Commission as those assigned by state statute.
2. Reinforces that the Planning Commission will hold public hearings on any
matter upon which they must act.
3. Clarifies the kinds of matters which would be appealable from the administrative
decisions of the Planning Director and the Chief Engineer.
4. Underscores the preference for Board of Appeals members to have planning and
construction expertise.
SECTION 2. Section 5-4.2 of the Hawaii County Charter (1991), relating to the
Planning Director, is amended to read as follows:
"Section 5-4.2. Planning Director. The planning director shall be appointed by
the mayor, confirmed by the council and may be removed by the mayor. The director
shall be the administrative head of the department and shall:
(a) Serve as the chief planning officer of the county and the technical advisor
to the mayor, planning commission, and council on all planning and related matters.
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(b) Prepare a general plan and amendments thereto.
an_
d_othe~nlanc and
amendment h r of to guide the development of the county district or districts.
(c) Prepare proposed zoning and subdivision ordinances, zoning maps and
regulations and any amendments or modifications thereto.
(d) Review the lists of proposed capital improvements contemplated by
agencies and executive agencies of the county and recommend the order of their
priority.
(e) Be charged with the administration of the subdivision and zoning
ordinances and regulations adopted thereunder.
(f) Be charged with the approval of proposed subdivision plans which are in
conformity with the subdivision ordinance and regulations.
(g) Receive, process, and recommend to the planning commission
appropriate action regarding rezoning applications, special exceptions, and other similar
requests.
(h) Be charged with the approval of variances as provided by law[, but if
any objections are made in writing to the director, the director's actions shall be subject
to review by the planning commission according to law. If the said request is denied by
the director, the applicant may appeal such denial to the planning commission].
(i) Exercise all the powers and perform all the duties of the planning
director and the administrator of the commission as authorized by law or ordinance and
exercise such other powers and perform such other duties as shall be required or
delegated by the mayor, planning commission, or council."
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SECTION 3. Section 5-4.3 of the Hawaii County Charter (1991), relating to the
Planning Commission, is amended to read as follows:
"Section 5-4.3. Planning Commission. The planning commission shall consist
of nine members who shall be appointed by the mayor and confirmed by the council in
the manner prescribed in Section 1311. Commission membership shall be
representative of the community and of the county geographical areas of Puna, Ka'u,
Kona, Kohala, Hamakua, and Hilo. In addition, the chief engineer of the county and
the manager of the department of water supply or their designated representatives shall
serve as ex-officio members of the commission without power to vote. The
commission shall establish its rules of procedure and shall:
(a) Advise the mayor, council and the planning director in matters
concerning planning programs.
(b) Review the general plan, its amendments and other plans and
modifications thereof and transmit such plans with recommendations thereon through
the mayor to the council for consideration and action. The commission shall
recommend approval, in whole or in part, with or without modifications, or rejection of
such plans.
(c) Review subdivision and zoning ordinances and amendments thereto
drafted by the director and transmit such ordinances with recommendations thereon
through the mayor to the council for consideration and action. The commission shall
recommend approval, in whole or in part, with or without modifications, or rejection of
such ordinances.
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(d) Adopt rules and regulations having the force and effect of law pursuant
to the subdivision and zoning ordinances.
(e) [Hear and determine appeals requesting variances or other exceptions
from the subdivision and zoning ordinances where, due to special conditions, a literal
enforcement of the provisions of the ordinances will result in unnecessary hardship and
the granting of the variances or other exceptions will not be contrary to the public
interest.] Perform such duties as are authorized by ctate~tat'~rt ,
(f) Hold public hearings [whenever necessary and] in every case prior to
action on [any rezoning request, variance, special exception, or other related
applications] anv matter upon which he co miccion i req sir d y law to act. Notice
of the time and place of the hearing shall be published at least ten days prior to such
hearing in at least two daily newspapers of general circulation in the county."
SECTION 4. Section 5-6.3 of the Hawaii County Charter (1991), relating to the Board
of Appeals, is amended to read as follows:
"Section 5-6.3 Board of Appeals. The board of appeals shall consist of seven
members who shall be appointed by the mayor and confirmed by the council in the
manner prescribed in Section 13-4. The board of anpealc hall tablich itc Alec of
procedure.
j~ The board shall hear and determine [all appeals from the actions] appeals
from final decisions of the planning director and planning commission as provided by
1~• [In addition, the board shall hear and determine appeals from the actions of the
chief engineer or the chief engineer's staff regarding the enforcement of the building,
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plumbing, and electrical code and laws] the chief engineer relatillg_t~anproval or
enforcement orocedu*PC under ordinance and lawc v;rhin h it respective jurisdiction
1]21 [All hearings shall be conducted according toj The board shall cond ~ t
hearings in accordance with the State Administrative Procedures Act.
LG1 Whenever possible, persons with a background or expertise in broad
areas of planning and construction shall be given preference for appointment to the
board[, although such background or expertise is not a prerequisite for membership].
1511 The board shall be part of the [planning department] office of the
corooration counsel for administrative purposes and the said [department] office shall
provide necessary clerical and other assistance."
SECTION 5. Material to be deleted is bracketed. New material is underscored. In
printing this ordinance, the brackets, bracketed material, and underscoring need not be
included.
SECTION 6. If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid, such invalidity shall not affect other provision or applications
of the ordinance which can be given effect without the invalid provision or application, and to
this end, the provisions of this ordinance are declared to be severable.
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SECTION 7. This ordinance shall take effect on January 1, 1999.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading: '
Date of 2nd Reading:
Effective Date:
APPROVED AS TO FORM AND LEGALITY:
CORPORATION COUNSEL
DATE:
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A02209R-age
NOTICE OF PUBLIC MEETING, PUBLIC HEARINGS
AND CONTESTED CASE HEARINGS
PLANNING COMMISSION AGENDA
COUNTY OF HAWAII
NOTICE IS HEREBY GIVEN of matters to be considered by the Planning Commission of the
County of Hawaii in accordance with the provisions of Chapters 91 and 92, Hawaii Revised
Statutes, Section 5-4.3 of the Charter of the County of Hawaii, and the Planning Commission's
Rules of Practice and Procedures.
DATE: Friday, February 20, 1998
TIME: 9:30 a. m.
PLACE: Kona Surf Hotel, Kamehameha Ballroom
78-128 Ehukai Street
Keauhou, North Kona
MINUTES -December 4 and 5. 1997
ADMINISTRATIVE MATTERS BY COMMISSIONERS AND STAFF
Status of appeals filed on Planning Commission decisions -Corporation Counsel
1998 Goals and Objectives -Planning Commission
Miscellaneous
NEW BUSINESS
1. APPLICANT: HOSPICE OF HILO -Request to amend Condition No. 6 (extension
of time for the construction of pavement widening and asphalt-concrete sidewalks with
berms) of Use Permit No. 145 which allows the development of a hospice facility and
related improvements on approximately 2.00 acres on land within the County's Single
Family Residential (RS-10) zoned district. The property is located along the south
(Puna) side of Waianuenue Avenue, approximately 1,000 feet west of the Waianuenue
Avenue-Kaumana Drive junction at Piihonua, South Hilo, Hawaii,
TMK: 2-3-32:Portion of 1.
Hearing Status: Open
2. PLANNING DIRECTOR INITIATED -Revocation of Special Permit No. 620,
granted to Oceanic Properties, Inc., which allowed the establishment of a temporary
real estate oftice in a model home within the State Land Use Agricultural District. The
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property is located in Maliu Ridge Subdivision on the eastern corner of the Kohala
Mountain Road and Pu'u Mamo Drive, Kahei, North Kohala, Hawaii, TMK: 5-5-18:24
(formerly 5-5-1:Portion of 60).
Hearing Status: Open
3. Resolution to adopt street name for the unnamed roadway within the Ooma
Homesteads, Ooma 1st, North Kona, Hawaii, as follows:
"Kinoulu Street" - after Kinoulu who lived and farmed in this
area
Hearing Status: Open
4. Resolution to adopt street names for the uttnamed roadways within the Kawaihae
Residence Lots Subdivision, Uni[ 1 at Kawaihae, South Kohala, Hawaii, as follows:
Road A "Kalo'olo'o Drive" - after a massive rock point in the ocean which
resembles a ship's bow. This point is located on
the Kohala side of Honokoa Gulch where a former
windmill pumped brackish water up the slopes to
pu-u-ka-ma-li-i for the pipi to drink.
Road B "Honouli Street" - after a seaport, the site where the second landing
was located in Kawaihae Bay. It was the business
part of Kawaihae, where a post office, hotel,
restaurant, wireless station, warehouse to hold
goods to be shipped on steamer day to Honolulu.
Road C "Kapola Street" - a place along the Kohala coast between Pu'u
Ulaula and Waika'ilio.
Road D "Kailapa Street" - after Kailapa who carried mail between Kawaihae
and Mahukona.
Road E "P:~honu Place" - meaning 'turtle enclosure', also a rocky point in
Kawaihae Bay, the site of the first landing. This is
where sandalwood, sweet potato and other goods
were shipped and sold during the reign of
Kamehameha I.
Road F "Kai'upae Place" - an old Hawaiian fishing village, tnakai of Akoni
Pule Highway between the Hawaiian Home Lands
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property and Kohala Estates property. The
Hawaiians depended on the water from Kai'opae
Stream to take care of their needs.
Road G "Pu'ukamali'i Place" - a hill on the slopes of Kohala Mountain, used as a
look out point by the Hawaiians to spot ships on
the horizon. A flag hoisted from this lookout
alerted people of the approaching ship and for
them to ready goods for trade.
Road H "Keawa'ula Place" - an ancient Hawaiian fishing village between
Kai'opae and Lapakahi.
Road I "Maka'ili Place" - a natura? land extension into the ocean formed by
the flowing of two kahawai, the Makahuna and
Makeahua. Crabbing was excellent here although
the water was muddy. Now covered by coral
backfill, it was a favorite spa[ for crabbing.
Hearing Status: Open
5. PLANNING DIRECTOR INITIATED -Proposed bill to initiate a charter amendment
of the Hawaii County Charter (1991), relating to the Planning Director (Section 5-4.2),
Planning Commission (Section 5-4.3) and Board of Appeals (Section 5-6.3). The
purpose of the proposed bill is to provide for a more effective appeals system to reduce
duplication and conflicts with state law, and to eliminate the existing conflict of the
duties of the Planning Commission and the Board of Appeals. The proposed bill would
also place the Board of Appeals, for administrative purposes, in the Office of the
Corporation Counsel instead of the Planning Department.
Hearing Status: Open
UNFINISHED Bt1SIN
S~0_30 a m.
6. APPLICANT: STATE OF HAWAII, DEPARTMENT OF ACCOUNTING &
GENERAL SERVICES -Continued contested case hearing on the application for a
Special Permit to allow the construction of a new Konawaena Elementary School and
related improvements on approximately 9.9 acres of land within the State Land Use
Agricultural District. The project site is located on the makai side and approximately
360 feet from Mamalahoa Highway at Onouli lst, South Kona, Hawaii,
TMK: 8-1-4:Portion of 45.
Hearing Status: Open
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w ~
7. APPLICANT: LONN DOUGLAS ARMOUR -Continued contested case hearing on
the application for a Special Permit to allow the establishment of athree-bedroom (one
existing and two proposed) bed and breakfast operation within an existing dwelling
situated within the State Land Use Agricultural District. The property is located within
Kealakehe Homesteads approximately 300 feet makai (south) oti Mamalahoa Highway at
Kealakehe, North Kona, Hawaii, TMK: 7-4-4:35.
Hearing Status: Open
8. APPLICANT: AKAHI JOINT VENTURE -Continued hearing, for action on a
request to withdraw, on an application for a Special Permit to allow the establishment
of a membership clubhouse and a 54-unit guest overnight accommodations complex on
13.2± acres of land within the State Land Use Agricultural District. The property is
located on the west (makai) side of Mamalahoa Highway approximately 5 miles north
of the Mamalahoa Highway-Milolii Road junction and above Keanahuionaho Point,
Opihihale 2nd, South Kona, Hawaii, TMK: 8-7-14:2.
Hearing Status: Open
9. APPLICANT: HUEHUE RANCH ASSOCIATES, L.P. -Continued hearing, for
action on a request [o withdraw, on the request to amend Ordinance No. 88-158 which
zoned approximately 667 acres of land to Resort-Hotel, Village Commercial,
Neighborhood Commercial, Single Family Residential, Multiple Family Residential,
and Open. The amendment request was to allow adjustments of these zoned districts to
reflect a modified Master Plan of the Regent Kona Coast Resort. The project area is
located adjacent (south) to the Hualalai Resort, on both mauka and makai sides of
Queen Ka'ahumanu Highway, Kukio 1st, North Kona, Hawaii, TMK: 7-2-4:5 & 16.
Hearing Status: Open
10. APPLICANT: 75-5706 HANAMA PARTNERS LIMITED PARTNERSHIP,
HOLUALOA hIANAGEMENT CORP, GENERAL PARTNER -Continued
hearing, for action to officially withdraw, on the request to amend Condition No. 7
(relating to assignable public parkin; stalls) of Special Management Area (SMA) Use
Permit No. 92 which allowed for the construction of the Kailua Trade Center Building.
The property is located within Kailua Village on Hanama Place and adjacent (mauka) to
the Mokuaikaua Church, North Kona, Hawaii, TMK: 7-5-7:44.
Hearing Status: Open
11. APPLICANTS: YOKO AND MORIKO TATSUMI -Continued hearing, for action
to officially withdraw, on an application for a Special Management Area (SMA) Use
Permit to allow construction of a 6-unit apartment building with a restaurant and related
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t
improvements on 8,408± square feet of land. The property is located on the east
(mauka) side of Ali'i Drive across from Kona Magic Sands Condominium, Pahoehoe
2nd, North Kona, Hawaii, TMK: 7-7-8:102.
Hearing Status: Open
12. APPLICANT: BERNADETTE LUCCI -Continued hearing, for action to officially
withdraw, on an application for a Special Permit to allow the establishment of a group
child care center on approximately 1 acre of land within the State Land Use
Agricultural District. The property is located in Hawaiian Ocean View Estates on the
south side of Keaka Parkway, approximately 650 feet from its intersection with Orchid
Parkway, Kau, Hawaii, TMK: 9-2-94:65.
Hearing Status: Open
13. APPLICANTS: JEROME & TERRY WILLIAMS AND JOHN & MARY ROBEL
- Continued hearing, for action to officially withdraw, on an application for a Change
of Zone from Agricultural (A-20a) to Agricultural (A-la) zoned district for
approximately 6.682± acres of land. The property is located on the east side of Hcea
Road approximately 4,800 feet north (makai) of the Akoni Pule Highway and Hoea
Road intersection, Kaauhuhu Homesteads, North Kohala, Hawaii, TMK: 5-5-13:6.
Hearing Status: Open
t1NFINISHED BUS[NF~C
-_1 30 p.m.
14. APPLICANT: KENNETH C. KJER (Previously HARRY H. & DAISY T.
HASEGAWA) -Continued hearing on the application for a Change of Zone by
changing the district classification from Agricultural (A-Sa) to Village Commercial
(CV-10) for approximately 12,432 square feet of land. The property is located at the
northern side of the Queen Ka'ahumanu Highway and Hualalai Road junction, Waiaha
1st, North Kona, Hawaii, TMK: 7-5-17:20.
Hearing Status: Open
15. APPLICANT: MIKE J. PROHOROFF -Continued hearing on the application for a
Change of Zone by changing the district classification from AgriculNral (A-20a) and
Single Family Residential (RS-LS) to Single Family Residential (RS-10) For
approximately 10. l3 acres of land. The project area is located on the mauka (south)
side of Akoni Pule Highway approximately 200 feet west of Kyrmersley Road at
Hanaula, North Kohala, Hawaii, TMK: 5~-6:21 & 36.
Hearing Status: Open
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16. APPLICANT: MADISON PACIFIC DEVELOPMENT COMPANY -Continued
contested case hearing on the application for a Special Permit to allow the development
of campground facilities (Kohala Mountain Camps) on approximately 14.99 acres of
land within the State Land Use Agricultural District. The project area is located on the
mauka (south) side of Akoni Pule Highway in the vicinity of the Kohala Ditch and
Waikane Stream, approximately 1.8 miles from Niuli'i Village at Makapala and Niuli'i,
North Kohala, Hawaii, TMK: 5-2-S:Portion of 1.
Hearing Status: Open
Npw ur1SiNFCS - ~ 30.p m
17. APPLICANT: KONA VILLAGE RESORT -Request to amend Condition No. 5
(extension of time to submit plans for Phase II for Plan Approval) of Special
Managemen[ Area (SMA) Use Permit No. 260 which allows the expansion and
renovation of the existing Kona Village Resort, including the construction of 54 new
units and related improvements. The property is located adjacent (north) to the
Hualalai Resort at Kaupulehu, North Kona, Hawaii, TMK: 7-2-10:10 (formerly
Hearing Status: Open
18. APPLICANT: S06AY HAWAII, INC. -Applications for a Special Management
Area (SMA) Use Permit to allow the construction of a 21-unit, 4-story residential
condominium and related improvements and for a Shoreline Setback Variance to allow
for landscaping (with sand berms), tilling an existing man-made cement-lined pool, and
repair of an existing seawall. The property is located on the makai side of Ali'i Drive
adjacent (south) to the Kona Reef Condominium complex, Waiaha 1st, North Kona,
Hawaii, TMK: 7-5-1820.
Hearing Status: Open
ANNOUNCEMENTS
ADJOURNMENT
The purpose of the public hearings is to afford all interested persons a reasonable
opportunity to be heard on the above requests. According to Rule 1 (General Rules) of the
Planning Commission, a person desiring to submit oral or written testimony shall indica[e
her/his name; residence address; and whether the testimony is on her/his behalf or as a
representative of an organization or individual. If testimony is being submitted on behalf of an
organization, documentation showing membership ratification should accompany the
testimony. Written testimony shall be submitted with an original and nine copies prior to
testifying. The Commission would appreciate timely submittal [o the Planning Department at
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least one week prior to the hearing date to allow for mailing and thorough Commission review.
Testimony which is irrelevant or unduly repetitious may be limited by the Chairperson
pursuant to Rule 1.
Maps showing, the general location and boundaries of the areas under consideration
and/or plans of the proposed developments are on the and open to inspection during office
hours in the oftce of the Planning Department in the County Building at 25 Aupuni Street,
Room 109, Hilo, Hawaii, and in the Planning Department's West Hawaii Office at 75-5706
Kuakini Highway, Sui[e 109, in Kailua-Kona, Hawaii. Copies of the draft bill to initiate the
Hawaii County Charter amendment is available at the mentioned locations.
Pursuant to Rule 4, Contested Case Procedure, of the County of Hawaii Planning
Commission Rules of Practice and Procedure, any person seeking to intervene as a party
to a contested case hearing on agenda Item Nos. 17 and 18 is required to file a written
request which mast be received in the office of the Planning Department no later than
seven (7) calendar days prior to the Planning Commission's first meeting on the matter.
Such written request shall be itt conformity with Rule 4, in a form as provided in Rule 4
Appendix A "Petition for Standing in a Contested Case Hearing." The written
petition/request shall be tiled with the Planning Commission at 25 Aupuni Street, Room
109, Hilo, Hawaii 96720, and accompanied by a filing fee of $100 payable to the Director
of Finance. Any party may retain counsel if that person so desires. Rule 4 may be
inspected or purchased ($2.50) at the above-cited location.
If you require an accommodation or auxiliary and/or services to participate in this
meeting (i.e., sign lan~;ua~~e interpreter, large print), please call 961-8288.
PLANNING COMMISSION
Kevin M. Balog, Chairman
Leonard Tanaka, 1st Vice Chairman
Richard B. Baker, 1r., 2nd Vice Chairman
(Hawaii Tribune Herald: January 2l, 1998)
(West Hawaii Today: January 2l, 1998)
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