HomeMy WebLinkAboutREP PC 102 10/19/2010 2008-2010 REPORT OF THE
COMMITTEE ON PLANNING
DATE: October 19, 2010 Re: Comm. No. 689/Bill No. 204
PLACE: Sheraton Keauhou Bay Resort & Spa
78-128 Ehukai Street
Kailua-Kona, Hawaii
TIME: 4:55 p.m.
Council Chair and Members
Hawai`i County Council
Hilo, Hawai`i 96720
Your Committee on Planning, to which was referred Bill No. 204, reports as follows:
Bill No. 204, transmitted via Communication No. 687 from Mayor William P. Kenoi, dated
January 19, 2010 presents a Change of Zone Request by Charles G. Bockus, at Kapalaalaea 2"d,
North Kona, Hawai`i, covered by Tax Map Key: 7-7-007:047.
Bill No. 204 seeks to amend Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25,
(Zoning Code) of the Hawai`i County Code 1983 (2005 Edition), by changing the district
classification from Agricultural—Five Acres (A-5a) to Family Agricultural—Two Acres
(FA-2a) for an area of approximately 5.275 acres.
This matter was originally heard at the February 17, 2010 meeting of your Committee. At that
meeting, Council Member Brenda Ford moved to postpone the matter to allow time for the
applicant and the neighbors to meet to discuss their concerns, to the call of the Chair. Council
Members Enriques, Ford, Hoffmann,Naeole-Beason, Yagong and Yoshimoto voted in favor of
the postponement. Council Members Onishi and Ikeda voted against. Council Member
Greenwell was not present.
Bill No. 204 was agendized for the October 5, 2010 meeting of your Planning Committee.
Council Member Ford stated that negotiations and discussions with the neighbors and the
applicants took more time than she expected. At that meeting, Daryn Arai from the Planning
Department and Amy Self from Corporation Counsel stated that in their opinion, Council
Member Ford was trying to legislate a variance, rather than allow the applicant to follow the
standard procedure. Mr. Arai stated that the 16 foot road widening, as required in Condition D,
was a standard in the subdivision approval process, and that the proper procedure is for the
applicant to apply for a variance. Council Member Ford moved to postpone the matter to the
second meeting in October. Council Members Enriques, Ford, Hoffmann, Greenwell, Ikeda,
Onishi and Yoshimoto voted in favor of the postponement. Council Member Naeole-Beason
voted against the postponement. Council Member Yagong was not present.
PC Report No. 102
October 19, 2010
Comm. No. 689/Bill No. 204
Page 2
At the October 19, 2010 meeting of your Committee, there was no public testimony. Applicant
was represented by Mr. Jerry Bockus.
Council Member Donald Ikeda, Chair of the Planning Committee, asked that he be allowed to
temporarily step down as Chair in order to discuss Bill No. 204. Planning Committee
Vice-Chair Guy Enriques assumed the role of Chair of your Committee during the further
discussion of this matter.
Council Member Brenda Ford moved to amend Bill No. 204 with the contents of
Communication No. 689.1, which deleted Condition D in its entirety and replaced it with new
language. Council Member Dominic Yagong seconded the motion. Voting in favor of the
amendment were Council Members Ford, Greenwell, Hoffmann, Onishi, Yagong, and Enriques.
Council Members Ikeda and Naeole-Beason voted against the amendment. Council Chair
Yoshimoto was not present. (It should be noted that Council Member Naeole-Beason voted
"kanalua" twice.)
Your Committee members spoke in support of Bill No. 204, as amended to Draft 2.
Your Committee concurs with the Leeward Planning Commission's and the Planning Director's
favorable recommendation for approval of the Change of Zone request.
Your Committee on Planning is in accord with the purpose and intent of Bill No. 204, 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-BEASON X DONALD IKEDA, CHAIR
ONISHI X
YAGONG X PC REPORT NO._ 102_
YOSHIMOTO X ADOPTED: NOV 0 4 2010