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HomeMy WebLinkAbout2011-02-17 Leeward Exh A - KIC LEEWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT FEBRUARY 17, 2011 KAMEHAMEHA INVESTMENT A regularly advertised hearing on the application of CORPORATION (SMA 413) was called to order at 9:38 a.m. in the King Kamehameha's Kona Beach Hotel, Ballroom I, 75-5660 Palani Road, Kailua-Kona, Hawai‘i, with Chair Geraldine Giffin presiding. COMMISSIONERS PRESENT: Geraldine Giffin, Brandi Beaudet, Thomas Hickcox, Frederic Housel, Wayne Iokepa and Richard Nelson ABSENT AND EXCUSED: Lani Bowman STAFF PRESENT: Julie Mecklenburg (Deputy Corporation Counsel), BJ Leithead Todd (Planning Director), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner), Maija Cottle (Staff Planner) and Allen Salavea (Planner, West Ha And approximately 13 people from the public in attendance. APPLICANT: KAMEHAMEHA INVESTMENT CORPORATION (SMA 413) Amendment to Condition No. 2 (Complete Construction) of Special Management Area Use Permit No. 413 to allow for an additional 5 years in which to complete development of a 27-hole golf course, driving range, clubhouse, related maintenance support facilities, and associated improvements and infrastructure. The project area is located within the Keauhou Major Resort Area, on the makai side of Kuakini Highway and mauka of Kaluna Street and Kona Country Club nd golf course, and extends to the Keauhou 2/ Honalo ahupua'a boundary, Kahalu‘u and Keauhou, North Kona, Hawai‘i, TMK: 7-8-05: 1, 6, 27, 28, 37 & 39; 7-8-07: 4 & 11; and 7-8-10: 6, 9, 29, and portions of 30 & 50. GIFFIN:Our first agenda item is the applicant is Kamehameha Investment Corporation, SMA No. 413, the amendment to Condition No. 2, complete construction, of the SMA Use Permit, like I said, 413 to allow for an additional five years in which to complete the development. Staff. DARROW: Thank you, Madam Chairman, Chairperson – I’ve got to get used to that. Good morning, Members of the Planning Commission. Hope all is well. If I can direct your attention to our presentation on the wall this morning. Our first applicant is Kamehameha Investment Corporation. They are requesting an amendment to Special Management Are Use Permit No. 413. The area of this application is within the North Kona District. More specifically, we are looking in the general Keauhou area. The actual parcels that are involved in this amendment request are outlined in black. There is a total of 14 parcels, which makes up approximately 806 acres in size. The different colors on the map represent the different County zonings that we have; the actual light green that is made up of the project area is identified as Agricultural 5 acres. The surrounding areas that have a yellow or a darker yellow represent Single-Family Residential. 1 EXHIBIT A This is an aerial photo of the area. The actual location is about in this particular area; so you’ll see that you have the subdivisions that are adjacent to the boundaries of the golf course area. And the actual golf course area is mainly unconstructed at this time. The applicant is requesting an amendment for an additional five years to comply with Condition 2, which is the construction timeline of SMA Use Permit No. 413. SMA 413 was originally approved to allow the development of a new 27-hole golf course, a driving range, clubhouse, related maintenance support facilities and associated improvements and infrastructure. The approval date was November 30, 2000. This is a figure within the Kona Community Development Plan that affects the subject property. The subject property is about in this general location. And you’ll see this purple-black line that runs through the property; this is identified as a shared path, or a bike/pedestrian path, that has been identified for this area in the Kona CDP. This is actually the alignment of the railroad right-of-way that runs through the property. As a result of that, we’ve added some language to Condition No. 12 that requires the applicant to implement this shared pathway through the property as part of their public access plan. This is a copy of the original site plan. The actual project is identified in green. You’ll see that they identify an area for the driving range, the clubhouse area, and you have the surrounding subdivisions identified on the map. The Planning Director is recommending that the Planning Commission approve the amendment request for the additional five years. Are there any questions? GIFFIN: Commissioner, are there any questions of staff? HOUSEL: Yes. GIFFIN: Mr. Housel. HOUSEL: Jeff, you mentioned the trail where the old railroad line was. The conditions mention a couple of other trails. DARROW: Correct. HOUSEL: Where are those? DARROW: I believe one of them, I think that this is the alignment for the right-of-way as far as the Holua Slide. I’m not sure but this might be it. Correct? Yeah. If, maybe when the applicant’s representative comes forward, they can more specifically identify the existing trails on the property. HOUSEL: Okay, thank you. GIFFIN: Any other questions of Jeff. Jeff, I would like to ask in terms of our rules and regulations; howmany times may an applicant come in before us to request an extension? 2 EXHIBIT A DARROW: To my knowledge, there is nothing within our rules that prevents the applicant from coming in for amendment requests. The approval is depending on the Planning Commission for the extension of the request but, to my knowledge, there is nothing that prevents them from coming in. GIFFIN: Thank you very much. Any other questions? Okay, hearing none, I thought it would be a good time to acknowledge that we have received correspondence from Arthur and Kathleen Misaki, ththth dated February 15; Greg Ogin, dated February 15; Clifford Dias, dated February 17; and Bruce th Cook, dated February 17. Jeff, were there any other correspondences that we should acknowledge? DARROW: To my knowledge, there’s only four letters that have come in after the Planning Commission received the background and recommendation. GIFFIN: Okay, great. Will the applicant and the applicant’s representative please come forward? Will you please raise your right hands? Thank you. Do you swear or affirm to tell the truth on this matter now before the Hawai‘i County Leeward Planning Commission? APPLICANTS: I do. GIFFIN: Great. Starting with you, Steve, will you please state your name and your resident address? LIM: Thank you, Madam Chair and Members of the Commission. I’m Steven Lim, attorney for the applicant. With me today, to my right is the new president of Kamehameha Investment Corporation, Mr. Kyle Chock, and to his right is our longtime project consultant, Joe Spencer, whom you may know. We are happy to be here today. We’ve received the Planning Director’s background and recommendations, and we concur with the recommendations. And I think, in regard to one of the questions as to the location of the trail within the property – I’m having a hard timeseeing all of this – but I think this right here is the Bayview Estates Subdivision. Joe? Yeah. Right on the south side of the Bayveiw Estates Subdivision in this mauka-makai direction is the Keauhou Trail, and we’ve obtained Land Board approval to place the trail on the extreme southern side of the subdivision and – okay, Kaluna Street is right there, excuse me, got it, now I’m in the right place –right around there, approximately here. The other archaeological site that’s mentioned is the Holua Slide, which is in this general mauka-makai direction, and this is the one that has the 200-foot buffer around it. We have received a State Historic Preservation Division approval of the archaeological inventory survey for the entire area. And we’ve submitted our mitigation plan and burial treatment plan for approval, and we have comments and are finalizing them. GIFFIN: Any other questions? HOUSEL: The condition mentioned a public access plan. Has that been prepared? LIM: Not yet. What we are going to do is, I’ll give a little more, my standard, my full presentation, but public access plan for both mauka-makai travel and lower south travel along the West Hawai‘i Railroad right-of-way will be incorporated into the Keauhou Trail’s plan for the whole resort; they’re going to be identifying where the bikeways are, where the pathways are, parking areas, those types of things. HOUSEL: Thank you. 3 EXHIBIT A GIFFIN: Before we go any further, it was brought to my attention that nobody has actually given their resident address, so we need to do that for the record, please. LIM: Okay, I’m sorry. I’m Steve Lim, and my business address is 121 Hawai‘i. GIFFIN: Thank you. Mr. Chock? CHOCK: Good morning. Kyle Chock, Kamehameha Investment Corporation, 78- Street. GIFFIN: Thank you. SPENCER: Joe Spencer. My address is Royal Poinciana Drive, Kailua-Kona. GIFFIN: Thank you very much. It might be a good idea just to review for all of us the reason for your request. LIM: Thank you very much. As you know, Ms. Chair, you were here back in 2000 when you first approved this Use Permit for the golf course and SMA Use Permit No. 413. We are here today some years later because of the ongoing planning efforts by Kamehameha Investment Corporation. Some of you may know, in the mid-2000 or so Kamehameha Investment Corporation engaged in a search for a master developer for the Keauhou Resort. As indicated in our application that anentity was formed, called Keauhou Resort Development Venture LLC, which was a Kamehameha Investment and Brookfield Homes Hawai‘i entity. That venture didn’t work out, and as of 2009 the Keauhou Resort Development Venture LLC entity was dissolved and Kamehameha Investment took back the land and the assets that were contributed as part of the venture. Currently, the Kamehameha Investment and Kamehameha Schools are in a master planning effort to focus on the educational and cultural and the commercial type of activities that are going to be planned for the entire Keauhou Resort. And this golf course Use Permit and the SMA Permit is part of that; it plays into things like the public access trail that Commissioner Housel was asking about, and also the development of infrastructure and amenities for the resort. We are in the, like I said, we are in the process of finalizing that with consultants, and hope to within the next 18 to 24 months come out and start to engage with the public and the County with respect to our plans. As you know, the Kona Community Development Plan was adopted in the interim, so we are going to be matching up our proposed development with that also. There are some challenges because of the nature of the project is that we have developed areas already; so matching up the exact perimeters ofthe Kona CDP with what’s already there is a little bit of a challenge, but we have our planners and engineers working on that at this time. GIFFIN: Good, good. Mr. Chock, did you want to add anything? CHOCK: No, Madam Chair, thank you. GIFFIN: Okay. How about you, Mr. Spencer? SPENCER: No, ma’am. Thank you. 4 EXHIBIT A GIFFIN: Okay. Then, may I ask the three of you to please step back? There are three people – and if there are more who have not signed up, please take this opportunity to do so. Richard Stewart, Gerry Bockus and Bob Ward, please come forward. Thank you. Will you please raise your right hands? Do you swear or affirm to tell the truth on this matter now before the Hawai‘i County Leeward Planning Commission? TESTIFIERS: I do. GIFFIN: Thank you. Starting with you, sir, your name and your resident address? STEWART: Good morning. I’m Richard Stewart, and my address is 78-7178A Pu‘uloa Road in Kailua-Kona, 96740. And I represent the Hui o Pu‘uloa, and I’m the current acting president of our little hui. And I’m here to reaffirm our acceptance of KIC’s plans to go ahead with this project under the same terms and conditions that were originally set forth in their original hearing process and the application process, which was I think granted by the County in 2000, right around December of 2000. So there were some conditions that were placed upon them including a 200-foot buffer zone for the adjoining property owners in Pu‘uloa, and we agreed to support their project and we continue to do so under the same terms and conditions set forth in their original application and permit process. Thank you. GIFFIN: You’re welcome. Sir, your name and your resident address? BOCKUS: Name is Gerry Bockus. I live in 78-7170 Ha‘awina Street, Kailua-Kona, 96740. And I’m here representing myself as a property owner that would be almost completely surrounded by this project. And I just wanted to reconfirm that some of the original conditions regarding the buffer zone around my property would still be in effect. And I’ve received nothing in writing to that, and so I did want to put on the record that I’m still under the impression that I would be afforded a buffer zone around my property. GIFFIN: Mr. Bockus, I do believe, if you ask staff this morning for a copy of the conditions, that they can give you that. And so I appreciate your coming this morning and putting that on the record. But if you would like to right now go ahead and ask them and review it, I’m sure they would be happy to provide that information for you. BOCKUS: Thank you. GIFFIN: You’re welcome. Is that right, Mr. Darrow? Oh, good, thank you, Maija. And while he is reviewing the condition, I presume you are Mr. Ward. WARD: Yes, thank you. GIFFIN: Will you please state your name and your resident address? WARD: My name is Bob Ward. Address: 77-6526 Ho‘olaupa‘i Street, Kailua-Kona. GIFFIN: Okay. WARD: I’m basically here to offer my comments. First, I would like to show my appreciation for inclusion in the requirements tied directly to the Kona Community Development Plan, and 5 EXHIBIT A specifically with reference to the Keauhou Trail and also the West Hawai‘i Railway. Development of the old West Hawai‘i Railway alignment as a shared-use path for use by pedestrians and non- motorized users such as bicyclists, is not only a valuable attribute of the Kona CDP, but it is supported by community groups such as People’s Advocacy for Trails Hawai‘i, also known as PATH, and was identified in Bike Plan Hawai‘i. This would be valuable not just for the community but also to enhance the lifestyle opportunities of those that have properties nearby. Second, I would like to express my hope that the same consideration will be given to other Kona CDP elements that have been identified in Figure 4.2b, the Official Transportation Map for Pedestrian and Bike Paths,that was updated last year by the CDP Action Committee. The following components appear to be either completely or partially within the proposed development: The West Hawai‘i Railway, which is already previously identified in Exhibit 4-2c, but also which isn’t clearly shown is literally an extension from the point where the railway right-of-way intersects Kuakini Highway, basically paralleling Kuakini Highway to the King Kamehameha III Road. Essentially,the rationale for that is currently where the railway right-of-way would cross the highway is approximately an eight to ten-foot separation in grade and it’s too high for an at-grade crossing and too low for a grade separation. It also brings it down to a conveniently controlled location where there is a traffic signal that can control not only crossings of King Kamehameha III Road but also crossing the highway and extension of approximately 300 meters to Walua Road, the only remaining shared-use path in Kona. In addition, a shared-use path, the access is the railway right-of-way along Keali‘i Street, which provides a short connection that is available to all the residents of Bayview Estates and future subdivisions. A fourth component along the Holua was a pedestrian only pathway, which looks like it can be readily accommodated in the archaeological preserve; but that provides a direct connection all the way up from Ali‘i Drive to the railway. And the final element, Pu‘uloa Road to St. Paul Road indicated a non-motorized pedestrian pathway connection, which may or may not traverse a part of the proposed development. And my third and final request would be that new pathways for pedestrians, that they be constructed to the minimum standards proposed in the Outdoor Access Guidelines, which are currently under final review and hopefully will be posted shortly in the federal register, in addition, that the shared- use path be constructed to meet both the minimum requirements of the Outdoor Access Guides as well as the AASHTO, or the American Association of State Highway Transportation Officials, Guide for Bicycle Facilities. Thank you. GIFFIN: Thank you and I really appreciate you coming here this morning and raising these concerns. Regarding your first issue that you raised, were you able to look at Condition No. 12? WARD: I did glance at that. GIFFIN: Okay. I think that it addresses -. WARD: I did look at that. GIFFIN: Uh huh, in part your first concern. I am going to ask, when we are through here, to ask the applicant to come forward and address those other issues that you raised. In the meantime, Mr. Bockus, have you been able to look at the conditions? BOCKUS: Yes, I have. They are the, this is the first time I’ve seen this particular piece of paper. 6 EXHIBIT A GIFFIN: I apologize. BOCKUS: No, no apology needed, thank you. I would assume that Item 3(b) would be applicable in my case. My Parcel No. is, Tax Map Key is 7-8-7: Parcel 3, which is not mentioned in here; but I would like to have it put on the record that the buffer zone would include my property also, and -. GIFFIN: The specific TMK? BOCKUS: You are right – 7-8-7: Parcel 3. GIFFIN: Hang on just a minute. Jeff, is that something that we should do? DARROW: Yeah, we are going to take a moment to confirm the location of his property. Thank you. GIFFIN: Okay. LEITHEAD TODD: Madam Chair? GIFFIN: Ms. Director. LEITHEAD TODD: Madam Chair, my recollection on this item is that the information which talks about the lots adjacent to Ihilani Place, which have a common property line with the project site as well as the Pu‘uloa Subdivision lots, included this specific TMK that we are referring to. Because it’s not just his property, and rather than having to address this and list every TMK, and particularly because sometimes if somewhere in the future somebody subdivides and additional TMK numbers are assigned to lots mauka of this, then it would have an issue of some of them not matching up. But this Condition (b) was specifically put in to protect the properties that were just mauka and adjacent to this project. GIFFIN: Thank you, Director. Mr. Bockus. BOCKUS: Yes, question: What would be the width of this buffer zone? Would it be the 200-foot wide or would it be – in Section (m) there is mention of 50-foot wide -? LEITHEAD TODD: No, the one that applies to your property is the 200-foot wide. BOCKUS: Thank you. GIFFIN: Any other questions? Commissioners, any questions of the testifiers? Hearing none, will the three of you please step back? I’m going to ask Mr. Lim and the applicant to come forward again. And thank you very much for coming in this morning. I know that you heard all of the concerns that were raised, in particular the ones by Mr. Ward. Mr. Lim, do you want to address those concerns? LIM: Thank you. The comments relating to the public access, the details and the standard criteria for the access that Mr. Ward was mentioning, some of which are the code of federal regulations standards that are upcoming, and things like that, I think, will be all covered by the language in 7 EXHIBIT A proposed Condition No. 12, which says that the “public access plan, which shall include signage, shall be established and submitted for review and approval to the Planning Director, in consultation with the Department of Land and Natural Resources-Historic Preservation Division ….” What they would also include is the Na Ala Hele Trails Council and all the other things that are, the standard agencies that are involved in the public access, and they have very detailed standards for width, buffers, you know, foliage, that type of thing; so I think that that should provide sufficient justification to Mr. Ward’s concerns about the standards that would be implemented, because right now, you know, those are very detailed design things that don’t happen until way later in the process. GIFFIN: Right, right. LIM: Back to Mr. Bockus’ concern about whether this covers him, the Planning Director is correct in that the existing condition was intended to cover his lot; however, if he does want additional cover, we could add, in addition to the TMK that’s mentioned in Condition No. 3(b), we could add, “including TMK: (3) 7-8-17: 04 and (3) 7-8-07: 03,” which is his Tax parcel. GIFFIN: For the moment, the Planning Director has just stepped out, and I don’t know her feelings in terms of being specific because of her comments that she expressed earlier, you know, not having to go ahead and mention every single TMK. And I think that, and you may correct me if I’m wrong, Mr. Bockus, but I think he was satisfied with what the Director said. And he is nodding, so thank you very much. Commissioners, any other questions of the applicant? Yes, Mr. Housel. HOUSEL: Got it right. Thank you, Chairman. Question: There will be no vehicular access from the Pu‘uloa area, is that correct? LIM: That’s correct. That was one of the major concerns from the residents that they didn’t want to see a mauka-makai road coming from Kuakini Highway through their property down into the golf course area. HOUSEL: Right. Where will the vehicular access be to the clubhouse area? LIM: It would be coming through the – I’m having a hard time with this map because I’m not used to looking at it – but there is, when you come down from Kamehameha III, you can come up through Keali‘iStreet, or from Ali‘i Drive up to Kaluna Street, and that intersection where the roadway was proposed right at this – this is how I usually find it, there is this little tip right here – this is Keali‘i and Kaluna Street here, and so the main access would be off Kamehameha III through Keali‘i or come from Ali‘i Drive up Kaluna and coming into the project this way. HOUSEL: Okay. There will be no new access from Kuakini Highway, is that correct? LIM: No, none is proposed at this time. And I think that, because of the site constraint –there is a big dropdown from the highway – it’s going to be difficult. We don’t want to foreclose the possibility, but we don’t, we won’t be coming through the subdivisions up there, which was one of their concerns. HOUSEL: Right, right. Is that finger that comes down almost to the trail, is that a private property? 8 EXHIBIT A LIM: That’s correct. HOUSEL: Okay, thank you very much. GIFFIN: Mr. Lim, Mr. Ward also brought up the intersection, if I’m not mistaken, between where the Kam III meets, is that Kuakini, he mentioned? And there was a question in terms of what that was going to be and the quality, I think. LIM: With respect to the West Hawai‘i Railroad, I don’t think that that’s existing in that area, Joe? SPENCER: I think remnants still remain -. GIFFIN: Into the mike, please. Thank you. SPENCER: Yes, Madam Chair, there are remnants that remain there. The development of that mauka land project will probably include some conditions on improving the intersection at Kuakini and Kamehameha III, which may or may not impact the remnant parcels of the old railroad right-of- way. GIFFIN: Are there any other questions of the applicant, Commissioners? Yes, Mr. Hickcox. HICKCOX: I have a question. Will – this is a little bit off the topic – but will public play be allowed on this golf course? LIM: We haven’t discussed that at this time, but intent is to have the golf course be private. HICKCOX: I see, similar to LIM: Not as expensive. HICKCOX: And it will be for members only. Is that the thought in back of it? LIM: It’s intended to be an amenity for the resort itself. The golf course, as you know, that’s there now is not under the control of Kamehameha Investment Corporation. HICKCOX: Correct. So this golf course itself will be a private course. LIM: That’s intent at this time. HICKCOX: Okay, thanks. GIFFIN: Are there any other questions of the applicant? Hearing none, do I hear a motion? Mr. Housel. HOUSEL: Madam Chair, I’d like to make a motion that the Planning Commission approve this request for an amendment to Condition No. 2 to allow an additional five years to complete development of the golf course, driving range, clubhouse and related maintenance support facilities and associated improvements and infrastructure. 9 EXHIBIT A GIFFIN: And this is an amendment to SMA Use Permit No. 413. Do I hear a second? NELSON: Second. GIFFIN: It’s been moved by Commissioner Housel and seconded by Commissioner Nelson that we approve the request for an amendment for an additional five years to the, specially, SMA Use Permit No. 413. Did I skip anything? No? Okay. Mr. Darrow? DARROW: Thank you, Madam Chair. With that, we’ll take the roll call. Commissioner Housel? HOUSEL: Aye. DARROW: Commissioner Nelson? NELSON: Aye. DARROW: Commissioner Beaudet? BEAUDET: Aye. DARROW: Commissioner Hickcox? HICKCOX: Aye. DARROW: Commissioner Iokepa? IOKEPA: Aye. DARROW: And Madam Chair? GIFFIN: Aye. DARROW: The motion passes, six to zero. LIM: On behalf of Mr. Chock and Mr. Spencer, thank you very much. GIFFIN: You’re welcome. Thank you very much. The discussion ended at 10:10 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 10 EXHIBIT A