HomeMy WebLinkAboutREP PC 060 12/15/2009 2008-2010
REPORT OF THE
COMMITTEE ON PLANNING
DATE: December 15, 2009 Re: Comm. 578/Bill No. 163
PLACE: Sheraton Keauhou Bay Resort and Spa
78-128 `Ehukai Street
Kailua-Kona, Hawaii
TIME: 9:00 a.m.
Council Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Bill No. 163, reports as follows:
Bill No. 163, transmitted via Communication No. 578, from Mayor William P. Kenoi, dated
October 6, 2009, presents a Request for a Change of Zone from Agricultural - 5 acre (A-5a) to
Single Family Residential 10,000 square feet (RS-10) for a parcel which is approximately 14.437
acres of land in size. The property is located approximately 1,400 feet mauka of the Hawaii
Belt Road/Queen Ka`ahumanu Highway and 1,100 feet makai of Hienaloli Road, adjacent to and
north of the Pualani Estates Subdivision.
There was no public testimony regarding Bill 163. The applicant appeared before your
Committee. Margaret Masunaga, Deputy Director of the Department of Planning and Warren
Lee, Director of the Department of Public Works appeared before your Committee. Also
appearing was Kiran Emler, from the Department of Public Works. No one from the Department
of Environmental Management appeared before your Committee.
Before allowing any discussion on Communication 578, Council Member Ford moved to amend
Communication No. 578 with the contents of her Communication No. 578. 1, which was
submitted to your Committee just prior to the commencement of the meeting. Ms. Ford stated
that she always receives her boards late, therefore she must be allowed to continue her practice
of submitting her amendments after the deadline has passed.
During the ensuing discussion amongst your Committee members, Director Lee stated that he
did not object to the contents of Communication 578.1. Deputy Director Masunaga stated that
she preferred to allow more flexibility.
The first proposed amendment in Comm. 578,1 was not favored by a majority of your
Committee members. After a call for the question, it was moved and seconded to delete Ms.
Ford's proposed amendment to Condition "D", returning it to its original language. There were
nine ayes in favor of deleting Ms. Ford's proposed amendment to Condition "D".
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PC Report 60
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The language in the second proposed amendment was further amended. Mr. Emler stated that
the Department of Public Works opposes landscaping in the public right-of-way. Steven Lim,
Esq. on behalf of the applicant, stated that the applicant does not want to put landscaping in the
right-of-way, but if for some reason, landscaping is installed in the public right-of-way, the
homeowners' association will maintain the landscaping and will provide repairs as needed.
Director Lee suggested that it would be more appropriate for the language regarding any
landscaping amendment to be removed from Condition "G" and placed in "Condition "I".
It was moved and seconded to place the landscaping amendment at the end of Condition "I"
rather than in Condition "G" as proposed by Ms. Ford. There were nine ayes in favor of moving
the language.
At the request of your Committee, Mr. Lim provided the wording for the amended language
regarding landscaping, if any. There were nine ayes in favor of the amended language regarding
landscaping in the public right-of-way.
Your Committee members voted on Communication 578.1 and the amendments therein. Voting
in favor Communication 578.1, as amended were Council Members Enriques, Ford, Greenwell,
Hoffmann, Naeole-Beason, Yagong and Yoshimoto. Committee Chair Ikeda voted against the
amendments. Council Member Onishi was present in the room, but was silent; therefore his vote
was recorded as an "aye" vote.
There was no further discussion regarding Bill 163, Draft 2 as amended. Your Committee
concurs with the Planning Commission and the Planning Director's favorable recommendation
for approval of the re-zoning request.
Your Committee on Planning is in accord with the purpose and intent of Bill No. 163 as
amended to Draft 2, and recommends it pass first reading.
awm
AYES NOES A&E Ex Respectfully submitted,
ENRIQUES X
FORD X COMMITTEE ON PLANNING
GREENWELL X
HOFFMANN X
IKEDA X
NAEOLE X DONALD IKEDA, CHAIR
ONISHI X
YAGONG X PC REPORT NO. 60
YOSHIMOTO X ADOPTED: JAN n ~ 7010