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HomeMy WebLinkAboutCOM 0833.001 1996-1998 PLANNING COMMISSION COUNTY OF HAWAII MINUTES April 17, 1998 The Planning Commission met in regular session at 9:30 a.m. in the Kona Surf Hotel, Kamehameha Ballroom, 78-128 Ehukai Street, Keauhou, North Kona, Hawaii, with Chairman Kevin M. Balog presiding. PRESENT: Kevin M. Balog Richard Baker, Jr. Geraldine Giffin (Left at 2:15 p.m.) Mary Katayama Lin McIntosh (Left at 3:00 p.m.) Mildred Mosher James Souza Leonard Tanaka (Left at 2:28 p.m. and returned at 2:35 p.m.) Virginia Goldstein, Planning Director Royden Yamasato, Staff Planner Alice Kawaha, Staff Planner Eleanor Mirikitani, Staff Planner Fred Giannini, Deputy Corporation Counsel Glenn Ahuna representing Ex-officio Member Milton Pavao Tom Pack representing Ex-officio Member Donna Kiyosaki The Chair introduced the Commissioners and staff to members of the public. All those testifying were duly sworn in. NOTE: This was submitted to the Planning Committee from Planning Commission on 5/15/98, correcting portions of Comm. 833. ,8-33.0 3d. T" 'meted Pc 1998 . W. Dam1AAY 15 SLU BOUNDARY The Commission took these items up at 1:50 p.m. with AMENDMENT AND approximately 35 people from the public in attendance. CHANGE OF ZONE DR. WILLIAM AND PATRICIA BERGIN OULI, SOUTH KOHALA APPLICANTS: DR. WILLIAM & PATRICIA BERGIN - Applications for a State Land Use Boundary Amendment from an Agricultural to Rural District and a Change of Zone by changing the district classification from Agricultural (A-5a) to Residential/Agricultural (RA-2a) for approximately 5.00 acres of land. The property is located in Kanehoa Subdivision approximately 750 feet south of the entrance road from Kawaihae Road, Ouli, South Kohala, Hawaii, TMK: 6-2-9:25. Ms. Mirikitani 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 recommended approval of the applications with conditions. The applicant's representative, Gregory Mooers, questioned the appropriateness of Condition H regarding a fair share contribution to address potential regional impacts, noting they were only proposing a two-lot subdivision. Director Goldstein said that the Corporation Counsel's office has been requested to draft an ordinance regarding the requirement of a fair share contribution; and she pointed out that the justification the County Council has given for including this condition and going further by attaching a dollar figure for each of the impact is that this is a voluntary action. Director Goldstein clarified that she was proposing the condition be included inasmuch as the County Council has been imposing that condition. Commissioner McIntosh made her perennial objection to including this condition since the enabling legislation has never been passed. For the Commission's information, Mr. Mooers noted he has been working on a situation for several years where people are applying for condominium property regime lots so that they would not be subject to County review and be required to participate in paying for impacts of additional density. He said it is hoped that by applying for a change of zone, it would be an advantage for homeowners as the subdivided lots would have value greater than CPR lots, although how much greater is certainly up in dispute, and, also, the County could address the traffic issue on Kawaihae Road with homeowner contributions. He said this was the reason why the applicant was agreeable to Condition F wherein when sufficient number of these lots do convert via boundary amendment and change of zone that there will be an improvement district program or if ISTEA funds became available that it would help leverage their dollars with federal dollars. He pointed out the concern of the cost becoming too great that it would drive homeowners to further perpetuate continuing CPR lots, which they would not like to see. 5 Mr. Moore stated that it is the belief of the applicant that the infrastructures (water and interior roadways) were more than adequate to address the density of two acres although the concern that needed to be addressed is that issue of Kawaihae Road, which the applicant pledges his fair share contribution. There being no one from the public wishing to testify on these agenda items, it was moved by Commissioner Mosher and seconded by Commissioner Mosher that the public hearing be closed. Motion was unanimously carried by a voice vote of all Commissioners in attendance. Regarding the State Land Use Boundary Amendment, it was moved by Commissioner Mosher and seconded by Commissioner Giffin to send a favorable recommendation to the County Council as recommended by the Planning Director. A roll call vote was taken and motion carried with nine ayes (Mosher, McIntosh, Baker, Giffin, Katayama, Souza, Tanaka, Togashi, and Balog). Regarding the Change of Zone Application, it was moved by Commissioner Mosher and seconded by Commissioner McIntosh to send a favorable recommendation to the County Council for the reasons and with the conditions recommended by the Planning Director, with the deletion of Condition H relating to the fair share contribution, and Condition F amended to read, "At the time the improvements at the Route 19/Kanehoa Road intersection are made by the Department of Transportation, the applicants shall pay their fair share amount for the required improvements which will be determined by the Planning Director in consultation with the Department of Transportation." A roll call vote was taken and motion carried with nine ayes (Mosher, McIntosh, Baker, Giffin, Katayama, Souza, Tanaka, Togashi and Balog). 6