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Home My WebLink About2006-01-20 TGesling PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT January 20, 2006 A regularly advertised hearing on the application of was SCOTT GESLING (REZ 05-024) called to order at 3:26 p.m. at the Outrigger Keauhou Beach Resort, 78-6740 Alii Drive, Keauhou, Hawaii with Chairman C. Kimo Alameda presiding. PRESENT:C. Kimo AlamedaABSENT & EXCUSED: Allen Salavea Jeffrey McCall Rene Siracusa Hannah Springer Fred Galdones Chris Yuen, DeputyPlanning Director Norman Hayashi, Planning Program Manager Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner Ivan Torigoe, Deputy Corporation Counsel And approximately 10 people from the public in attendance. APPLICANT: SCOTT GESLING (REZ 05-024) Change of Zone from an Agricultural 20-acre (A-20a) to an Agricultural 5-acre (A-5a) district for 23.211 acresofland. The property is located along the southeast side of Hao Street, approximately 700 feet from the Hao Street Kaloko Drive intersection, Kaloko Mauka Subdivision,Kaloko,NorthKona,Hawaii,TMK:7-3-25:9. ALAMEDA:Agenda item number 5, applicant Scott Gesling, rezoning 05-024. Staff? HAYASHI:Thank you Mr. Chair. Again going over to the overall site map, location map.ThesubjectpropertyisindicatedbythisreddotandsinceyourefamiliarwiththeKaloko mauka subdivision by now and the zoning Ill dispense with that and go onto the site plan. The applicantproposestosubdividethepropertyinto4,5-acresizelots.Currentlyontheproperty are 2 single-family dwellings. This particular 20-acre lot has obtained a condominium property regime or CPR. The applicant intends to construct 2 additional houses on the remaining 2 lots. The General Plan designation for this area is important agricultural land and the elevation of the property is approximately 2,700 feet. This particular property is also heavily vegetated for those areas that are still undeveloped. Access to the property, proposed lots would be from Hao Street. And just for your information, this is Kaloko Drive and this is Hao Street, it goes up to the property. There is County water to the property. The Planning Director is recommending approval with conditions and I need to make some changes to the conditions. First of all if you EXHIBIT D 1 go to page 1 of the conditions of approval, thats the yellow sheet in the back. We are proposing a new condition E. And that new condition will state that the existing CPR or condominium property regime shall be dissolved upon approval of the subdivision application. All other conditions will be re-alphabetized. Theres a change in Condition F, which is now Condition G and on the third line theyre deleting, and condominium property regimes. SIRACUSA:Could you repeat that please? HAYASHI:Yes, Condition F which would become the new Condition G. If you look at the third line it says, prohibit the construction of a second dwelling unit and to bracket [and condominium property regime]. So, those four words will be deleted. ALAMEDA:Commissioner Siracusa did that make sense to you? SIRACUSA:So- HAYASHI:Shall I read that for you? SIRACUSA:WhereitsaysFhere.ThethirdlineofFwedeleteandcondominium property regimes is that correct? HAYASHI:Thats correct yes. SIRACUSA:Okay I got it. HAYASHI:Okay. ALAMEDA:Thank you. Continue. HAYASHI:The final change will be to Condition J, which would become Condition M, and we apologize but the calculation was in error. We just used the one lot figure of th $9,991.20 and that would be if you look on top of page 4 it says, and Ill go down to the 4 line. It says, A fair share contribution shall have a value of $9,991.20 per additional lot. Based upon the applicants representation of intent to subdivide and develop up to, and taking out that portion that says up to one and inserting three additional lots. The indicated total fair share contribution is $29,973.60. The next bullet states that $9,991.20 per additional for indicated total of$9,991.20.Thathasbeenreplacedby$29,973.60.Sothatwouldbethechange.Thoseare the changes being made at this time. Are there any questions? ALAMEDA:Let me just ask Commissioner Siracusa is our unofficial editor but did that allmakesensetoyou? SIRACUSA:Yes. ALAMEDA:Okayverygood.Icanproceed.CommissionerMcCall? EXHIBIT D 2 MCCALL:Yeah, I can see why you want to put in this thing to dissolve the CPR but why do you want to take out the thing so that-. I mean it seems to me that they could go and ask for another CPR afterwards on the smaller lots. HAYASHI:Yeah, because they-. MCCALL:You see what Im saying? HAYASHI:Okay well yeah thats a good point. Mr. Director shall we leave that in? The second CPR? YUEN:Im thinking we were having that taken out because they already have a CPR so it looks a little funny we would just have to say that, no new condominium property regime may be established and then we could leave it in. HAYASHI:Okay so we can add that to Condition E. Their existing CPR shall be dissolved upon approval of the subdivision approval. No new CPR shall be approved. YUEN:Sayestablishedratherthanapproved. HAYASHI:Ohshallbeestablished. ALAMEDA:CommissionerMcCallisthatokay? MCCALL:Thatsfine. ALAMEDA:Fellow Commissioners other questions for Mr. Hayashi while hes standing? Seeing no further questions will the applicant please come forward? Mr. Mooers youve been already sworn in. Just checking but can you state your name and address again for the record? Will you just state your name and address for the record and proceed? MOOERS:Can I move? Greg Mooers. P.O. Box 1101, Kamuela. ALAMEDA:Thank you. You got our recommendation from the Department and the report you have any comments to share with us? MOOERS:No. ALAMEDA:Any, Commissioners any questions for our applicant, its representative Mr. Mooers? Seeing none, you may be seated. MOOERS:You give me a workout today. ALAMEDA:Yes. We make you lose 5 pounds before were over. Well, fellow Commissioners once again a motion will be in order, followed up by discussion. EXHIBIT D 3 HAYASHI:One last thing Mr. Chair. ALAMEDA:Sure. HAYASHI:I just wanted to put into the record the correspondence that was submitted by Kona Traffic Safety Committee as part of this record also. ALAMEDA:Yes, and then well follow-up with testimony. Potential testimony. Did, is that all you wanted to add? HAYASHI:Yes, Mr. Gimpel indicated that he already testified earlier on the same issue so. ALAMEDA:Right, I just wanted to make sure. All right seeing that theres no further testimony. This is more aerobics but we should invite you back up again to the, Mr. Mooers, but I-. MOOERS:Im still a young guy. ALAMEDA:This is our last chance to ask Mr. Mooers any, if any question came up in our minds between now and then. This is your chance fellow Commissioners. MOOERS:Can I get a vote on how many people think I still need to lose weight? ALAMEDA:All right. Well, well let you stay there this time. Fellow, again motion is in order Commissioner Watanabe? WATANABE:I move that a favorable recommendation be forwarded to the County Council on application for change of zone docket number REZ 05-024 based on the Planning Directors recommendations and inclusive of the revised conditions. SPRINGER:Second. ALAMEDA:The motion made by Commissioner Watanabe, seconded by Commissioner Springer. Discussion? Commissioner Siracusa? SIRACUSA:Well with the previous one I voted yes because dividing a 20-acre lot into 2, 10 acre theres still a lot of space you know. And its moving much in the way of additional impact on traffic. But now weve got 20-acres and theres already 2 lots, 2 structures on it and theyre looking to double that and I dont feel comfortable with that increase from you know 20 to 5 acres. So Ill be voting against this one. ALAMEDA:Thank you. Other Commissioners discussion? Commissioner McCall? MCCALL:Maybe just a note for Ms. Siracusa that this is already CPRd into 4 lots, it is all I mean according to the laws that we have on the books it is legally 4 lots already just not 4 EXHIBIT D 4 tax map keys. So, I mean in effect what were doing is were just legalizing it and getting rid of the CPR set up. ALAMEDA:Commissioner Siracusa? Any response to Commissioner McCalls comment? SIRACUSA:No. ALAMEDA:Commissioner Watanabe did you have your hand up? Commissioner Graham? GRAHAM:I plan to vote for the rezoning and my sense was that densities vary on the level, the elevation level and that was probably the County Council original resolution. So this density of 5 acres is kind of in conformance with the surrounding properties which is why I will be in favor. ALAMEDA:Other Commissioners who would like to state their opinion for the record? Any other discussion before we move for the motion? Seeing none can we entertain the motion? HAYASHI:Commissioner Watanabe? WATANABE:Aye. HAYASHI:Commissioner Springer? SPRINGER:Yes. HAYASHI:Commissioner Galdones? GALDONES:Aye. HAYASHI:Commissioner Graham? GRAHAM:Aye. HAYASHI:Commissioner McCall? MCCALL:Aye. HAYASHI:Commissioner Siracusa? SIRACUSA:Nay. HAYASHI:Chair Alameda? ALAMEDA:Aye. EXHIBIT D 5 HAYASHI:Mr. Chair motion carries 6 to 1. ALAMEDA:Mr. Mooers your representative will be notified in writing. MOOERS:Thank you. ALAMEDA:Youre welcome. This discussion ended at 3:40 p.m. Respectfully submitted, Lynette Marushige, West Hawaii Secretary EXHIBIT D 6