Loading...
HomeMy WebLinkAbout2006-01-20 TEvans Family Trust PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT January 20, 2006 A regularly advertised hearing on the application of CATHERINE V. GIACOMETTI EVANS was called to order at 3:40 p.m. at the Outrigger Keauhou FAMILY TRUST (SMA 05-006) 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: CATHERINE V. GIACOMETTI EVANS FAMILY TRUST (SMA 05-006) Special Management Area (SMA) Use Permit to allow the construction of an additional single family dwelling with related improvements, including upgrading of existing structures. The propertyislocatedalongthenorthsideofEhukaiStreet,adjacenttotheSheratonKeauhouBay Resort & Spa complex, Keauhou 2 , North Kona, Hawaii, TMK: 7-8-12: 1 and 57. nd ALAMEDA:Moving forward, agenda item number 6. Applicant Catherine V. Giacometti Evans Family Trust, SMA 05-006. Mr. Darrow? DARROW:Thank you Mr. Chairman. If I can direct your attention to the location map. The area of this application is within the North Kona District of Hawaii. More specifically in the Keauhou area. This black line running in a north-south direction is identified as Alii Drive. The area that we are referring to is in this area identified as Keauhou Bay. The applicant Catherine V. Giacometti Evans Family Trust is requesting a Special Management Area Use Permit to allow the construction of an additional single family dwelling as well as related improvements,includingupgradingofexistingstructuresthatareonthepropertyandthe construction of unpermitted rock walls that are located on 2 properties, one identified as TMK 7- 8-12,parcel1and7-8-12,parcel57bothownedbytheapplicant.The,ifIcanreferyoutothe site plan that has been submitted by the applicant€s representative. This particular area is EXHIBIT E 1 identified as both parcels. This smaller parcel is identified as parcel 57, this larger one is identified as parcel 1. This area here is Ehukai Street which is the Street that is used as the entrance to the Keauhou Bay Resort and Spa Complex which is located on the Western portion, Western side of the applicant€s property. The red structures are identified as existing structures on the property. There€s one existing 2-story structure on parcel 57. There are 2 existing structures on parcel 1 identified as a 1-bedroom dwelling as well as a guest house. The applicant is proposing to construct a 2800 square foot, 1-story dwelling as well as a garage workshop on parcel 1. This would result in 2 dwellings on the property. The property size is 31,873 square feet. The zoning is RS-10 which would allow a dwelling for every 10,000 square feet but because this application is within the SMA the cost of the development kicks it into requiring a Special Management Area Use Permit major. The other request in the application is to permit existing rock walls that are 6 feet to 8 feet 2 inches in height. The applicant has also submitted for a variance for those rock walls. The Planning Director is recommending that the application be approved by the Planning Commission. The Planning Department has received 2 petitions for standinginacontestedcasehearing.Onefromtheownerontheeastside,locatedinthisareaor on the map in this area. Her name is Margaret Ann Luke Joye. And the other petition was submitted by Koa Hotels which is the lessee or lessee of the property in which the Keauhou Bay Resort is located. Are there any questions? ALAMEDA:Commissioners? Commissioner McCall? MCCALL:Yeah, what€s the definition of a guest house versus a second dwelling? DARROW:A guest house is a structure that is not larger than 500 square feet in size and does not contain a kitchen and it is considered a permitted use in a single-family residential zoning as long as it€s over 7500 square feet in size. The property itself. SIRACUSA:So basically it€s like a detached bedroom? DARROW:Correct. ALAMEDA:Question? Fellow Commissioners other questions for our staff? Seeing none. Thank you Mr. Darrow. Will the applicant or his representative please come forward? Please raise your right hand. Do you swear or affirm to tell the truth now before the Hawaii County Planning Commission? CONVENTZ:I do. ALAMEDA:Thank you. Could you please state your name and address for the record? CONVENTZ:I€m Klaus Conventz representative for the applicant. My mailing address is P.O. Box 2308, Kailua-Kona. ALAMEDA:Excuse me how do you say your last name again? CONVENTZ:C-O-N-V like Victor, E-N-T-Z like Zulu. EXHIBIT E 2 ALAMEDA:All right did you get a chance to look at the Department€s response to the application and the conditions? CONVENTZ:Yes sir and I replied to the single agencies and not to the Department, I got that last week yeah. ALAMEDA:Okay you have any concerns or comments regarding the or? CONVENTZ:No he did a fine job I have nothing to add at this time. ALAMEDA:Okay. Commissioners you have any questions for our applicant€s representative? Commissioner Graham? GRAHAM:Inoticeontheapplicationyouindicatedthatyouwerewillingtohookup all the existing dwellings to the sewer line. But I believe the Planning Director only indicated that the new dwelling would be hooked to the sewer line. In the interest of our shoreline protection ideas is it okay with you if we put a condition on our SMA permit that-. CONVENTZ:Absolutely. GRAHAM:-confirms with what you said about hooking up existing dwellings as well? CONVENTZ:Absolutely. GRAHAM:Thank you. ALAMEDA:Thank you Commissioner Graham. Other Commissioners? Commissioner Siracusa? SIRACUSA:Yes you€ve seen the 2 request for standing in contested case? CONVENTZ:Yes I get one yesterday night and one early this week. SIRACUSA:Do you have any comments or objections to either ofthose that you€d like to state at this time? CONVENTZ:Only that those are adjoining neighbors who certainly have the right to-, they are different from the general public and so they certainly have the right basically to, for a contested case hearing. I don€t know the reasons. I have no idea. SIRACUSA:Thank you so as far as you can see they do have the right to standing? CONVENTZ:Because of the property ownership. EXHIBIT E 3 SIRACUSA:And so there would be no objection from you to that at this time? CONVENTZ:That is correct. SIRACUSA:Thank you for clarifying that. ALAMEDA:Thank you Commissioner Siracusa. Other questions? Okay, thank you, you may be seated. We do have testimony. I€d like to call up Mr. Patrick Cunningham and Alan Tuhy? Patrick and Alan are you here today? MOOERS:Mr. Tuhy was unable to come back this afternoon. ALAMEDA:Okay. MOOERS:SamewithMr.Cunningham. ALAMEDA:SameasMr.Cunningham?I€mgoingtoaskMr.Torigoe,giventhatthere is standing how do we proceed? TORIGOE:Well you have the 2 applications for standing. The applicant is not objecting to them but you still need to take some official action to admit the applicant€s for standing as parties. You probably ought to call them up and ask them if they have anything else to add and see if the Commissioner€s have any questions for them and then take some action on that. ALAMEDA:Call who up? TORIGOE:The applicants for standing. One is Koa Hotel LLC and let me see the-. DARROW:The other is Margaret Ann Luke Joye represented by attorney Alan Tuhy. ALAMEDA:Will the contested case representatives please come forward. Mr. Mooers I swore you in already. Do you swear or affirm to tell the truth now before the Hawaii County Planning Commission? FUKE:I do. ALAMEDA:Mr. Fuke could you please state your name and address for the record? FUKE:Sure, my name is Sidney Fuke. I€m a Planning Consultant. I€ve done Planning Consultant related work with Koa Investors LLC, the leasehold owners of the- and the owners of the Sheraton Keauhou Hotel and Spa Resort. I€m here just on behalf, on their behalf you know requesting for standing. My business address is 100 Pauahi Street in Hilo. ALAMEDA:And Mr. Mooers? EXHIBIT E 4 MOOERS:I€m here similarly as Mr. Fuke only for the standing issue to represent Margaret Ann Luke Joye whose the adjoining property owner. ALAMEDA:Commissioners do you have any questions for our 2 representatives? Seeing that there€s-. Go ahead Commissioner Galdones? GALDONES:I just have a question. Notsomuch to the applicants but in the letter from Mr. Fuke he does state that he has also submitted his filing fee. In the other application by Mr. Tuhey or representative, did they submit the $100 filing fee? DARROW:Both, both applicants for the petition for standing were- submitted the filing fee as well as were timely. GALDONES:Thank you. ALAMEDA:Commissioner Siracusa? SIRACUSA:Is a motion in order then? ALAMEDA:Sure. SIRACUSA:In that case, in the matter of Catherine V. Giacometti Evans Family Trust, Special Management Area Use Permit number 05-006 I move that we grant standing in contested case to Koa Hotel LLC and to Alan H. Tuhy. ALAMEDA:Any second? GALDONES:Second. ALAMEDA:Motion was made by Commissioner Siracusa seconded by Commissioner Galdones. Discussion? Commissioner McCall? MCCALL:Yeah just to make sure the- I believe the other petitioner is the Margaret Ann Luke Joye Trust and not Alan Tuhy. I think it€s just semantics but. ALAMEDA:Commissioner Siracusa? SIRACUSA:I€ll accept that as an amendment as a correction to my motion. ALAMEDA:Thank you Commissioner McCall, appreciate that. Seeing no discussion Staff? DARROW:I€m sorry Mr. Chairman I didn€t catch the Commissioner who second the motion? EXHIBIT E 5 ALAMEDA:It was Commissioner Galdones who seconded the motion. Sorry too much candy. DARROW:This vote will be forthe granting of standing for both, both applications. Commissioner Siracusa? SIRACUSA:Aye. DARROW:Commissioner Galdones? GALDONES:Aye. DARROW:Commissoner Graham? GRAHAM:Aye. DARROW:CommissionerMcCall? MCCALL:Aye. DARROW:CommissionerSpringer? SPRINGER:Yes. DARROW:Commissioner Watanabe? WATANABE:Aye. DARROW:And Mr. Chairman? ALAMEDA:Aye. DARROW:The motion passes 7 to 0. ALAMEDA:Both of you representatives will be informed of this decision. FUKE:Thank you very much I have just one question Mr. Chairman. Is the Commission going to make a decision now or at subsquent meeting on whether it€s going to have a Hearings Officer or? ALAMEDA:Good questions. GALDONES:Mr. Chairman. ALAMEDA:Commissioner Galdones? EXHIBIT E 6 GALDONES:I would like to make a motion that this contested case hearing be set upfor another date and that the Department hire a Hearings Officer to have it heard. ALAMEDA:Is there a second to that? MCCALL:Second. ALAMEDA:There were several seconds. Motion was made by Commissioner Galdones and seconded by Commissioner McCall that, that this be set for another date and out sourced. Discussion? Go ahead Commissioner Springer? SPRINGER:Thank you. I just ask the Planning Director how we stand with regard to funds to out source? YUEN:Wehavefundstodoit. SPRINGER:Thankyou. ALAMEDA:Seeingnofurtherdiscussion? HAYASHI:Mr.Chairbeforetakingthevote. ALAMEDA:Okay. HAYASHI:In case the parties are able to come to some kind of agreement with the applicant I think we need to also include that the, we can drop-. We will hire the Hearing Officer-. The day is too long. We can hire the Hearings Officer provided that the applicant are not able to come to any kind of a resolution with the applicant. ALAMEDA:Any objections to Mr. Hayashi€s feedback on that? Commissioner Galdones? GALDONES:Thank you Mr. Chairman. No objections that can be incorporated into the motion. ALAMEDA:Okay. So noted. Seeing that there€s no further discussion. Mr. Darrow? DARROW:Thank you Mr. Chairman. Commissioner Galdones? GALDONES:Aye. DARROW:Commissioner McCall? MCCALL:Aye. DARROW:Commissioner Graham? EXHIBIT E 7 GRAHAM:Aye. DARROW:Commissioner Siracusa? SIRACUSA:Aye. DARROW:Commissioner Springer? SPRINGER:Yes. DARROW:Commissioner Watanabe? WATANABE:Aye. DARROW:And Mr. Chairman? ALAMEDA:Aye. DARROW:The motion passes 7 to 0. ALAMEDA:Thank you. This discussion ended at 3:55 p.m. Respectfully submitted, Lynette Marushige, West Hawaii Secretary EXHIBIT E 8