HomeMy WebLinkAbout2005-03-18 TLOTOWNERS
PLANNING COMMISSION
COUNTY OF HAWAII
HEARING TRANSCRIPT
March 18, 2005
LOT OWNERS WITHIN THE 49 BLACK
A regularly advertised hearing on the application
SAND BEACH AT MAUNA LANI SUBDIVISION (REZ 04-035)
was called to order at 9:27
a.m. in Hapuna Beach Prince Hotel, Hau/Lehua Room,62-100 Kaunaoa Drive, Kohala, Coast,
Hawaii with Chairman Galdones presiding.
PRESENT:Earl FujikawaABSENT & EXCUSED:Rene' Siracusa
C. Kimo Alameda
William Graham
Jeffrey McCall
FrancisSmith
Hannah Springer
Fred Galdones
Ivan Torigoe, Deputy Corporation Counsel
Christopher J. Yuen, Planning Director
Norman Hayashi, Planning Program Manager
Phyllis Fujimoto, Staff Planner
Jeff Darrow, Staff Planner
Sharon Nomura, East Hawaii Secretary
Kiran Emler representing Department of Public Works
And approximately 14 people from the public in attendance.
APPLICANTS: LOT OWNERS WITHIN THE 49 BLACK SAND BEACH AT MAUNA
LANI SUBDIVISION (REZ 04-035)
Change of Zone application for approximately 41.4 acres of land from Multiple Family
Residential 3,000 square feet (RM-3) and Multiple Family Residential 4,000 square feet (RM-4)
districts to a Single Family Residential 20,000 square feet (RS-20) district. The area under
consideration includes several lots within the 49 Black Sand Beach at Mauna Lani Subdivision,
Mauna Lani Resort, Waikoloa, South Kohala, Hawaii, TMK: 6-8-33:1 - 6, 8 - 14, 16 - 18, and 20
- 49.
GALDONES:Commissioners,we are on new business. The applicant is Lot Owners
within the 49 Black Sand Beach at Mauna Lani Subdivision REZ 04-035. This is a change of
zone application for approximately 41.4 acres of land from multiple family residential 3,000
square feet (RM-3) and multiple family residential 4,000 square feet RM-4 districts to a single
family residential 20,000 square feet RS-20 district. Norman.
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EXHIBIT B
HAYASHI:Thank you Mr. Chair and members of the Commission. Good morning.
First of all Id like to apologize, I placed a map in the different orientation, I like to have a map
thats on the mauka, makai orientation. This particular map shows the general location of the
area. This would be Queen Kaahumanu Highway leading towards Kona and this would be in the
Kawaihae direction. The Waikoloa development is in- in this general configuration and the
Mauna Lani Resort complex is in this configuration. The subject property is indicated by this
red dot. It is a subdivision consisting of 48 single family residential lots which is currently zoned
multiple residential. There are 4 lots within the subdivision 3 of which are common areas and
also the roadway lot. The Mauna Lani Bay Resort is situated at this particular location as you
come down Mauna Lani Drive. Basically the intent behind this particular rezoning is to have the
zoning reflect the current use of the property which is for single family residential purposes. The
covenants of the subdivision is that this shall be- this particular- the lots will be used for
residential purposes only. As I indicated there- 46- the background report reflects 46 landowners
that are agreeable to- and they responded to having their property rezoned from a multiple
residentialtoasinglefamilyresidentialzoneddistrict.Therewere2-accordingtotheapplicants
application there were 2 individuals that did not indicate that they wanted to have these- their
property rezoned so these 2 particular properties will still retain- be retained within the multiple
residential zone district. Basically, this would be the general configuration of the subdivision in
the same orientation as this particular map. The 2 properties that are- will be retained in the
multiple residential zoned district would be this particular lot here and this lot here. We are
recommending approval of this particular request. Are there any questions?
GALDONES:Commissioners any questions of Norman.
YUEN:Im sorry I was looking away when you showed that- can you show me
the 2 lots that are remaining multi-family?
HAYASHI:This would be- this particular lot as well as this lot here.
GALDONES:Commissioner Graham.
GRAHAM:Norm, I was just going to ask if you had any thoughts of any particular
concerns or considerations that we should be aware of as a result of there being 2 lots not a part
of it. Does that make any complicating factor that youre aware of that we might not see on the
face of it?
HAYASHI:I dont believe so. Not to my knowledge.
GRAHAM:Thank you.
GALDONES:Norman, is it recorded which lots someplace in the record which lots are
the ones that going to still remain as multiple family? If not, shall we enter that into the record if
you could do so please.
HAYASHI:I could place it on the record. Its in the background report. But these
would be parcel 7 and 19.
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GALDONES:Any further questions of Norm? If not could we have the applicant or its
representative please come forward. Good morning Mr. Lim.
LIM:Good morning Mr. Chairman, members of the Commission. Im Steven
Lim and with me today is Board member Rick Green.
GREEN:Good morning.
GALDONES:Okay. Good morning. Wed like to have both of you be sworn in please.
Could you please raise your right hand? Do you swear or affirm to tell the truth on this matter
now before the Hawaii County Planning Commission.
GREEN:I do.
LIM:I do.
GALDONES:Could you speak into the mike and- so we can have you recorded. Could
youpleasestateyournameandyourresidenceaddress?
GREEN:RichardGreen.68-1097HanakaopePlace,KohalaCoast,96743.
LIM:And Steven Lim. P.O. Box 686, Hilo Hawaii.
GALDONES:Mr. Lim, have you folks received the background report and the
recommendation and do you have any comments to them?
LIM:We received both the background report and the recommendation from the
Planning Director and have no comments.
GALDONES:Comm- Mr. Lim?
LIM:Okay, thank you very much. Its pretty much what Mr. Hayashi had
explained. This is essentially a down zoning to take the multiple family residential lots that have
participated. Its actually 46 out of 48 of the build-able lots. We have other roadway lots and
association lots that are not build-able. But its taking 46 out of the 48 build-able lots to
residential 20,000 square feet to reflect the existing development and subdivision. The
subdivision has been finished. The project is approximately 20- I mean excuse me 50%
occupied with homes and the CC & Rs already limit the development of the project to 1 single
family dwelling per lot so were trying to basically match up the zoning with the existing use on
the property.
GALDONES:Thank you. Commissioners are there any questions of Mr. Lim? Hearing
none. Are there any members of the public here to testify on this subject matter? Seeing none.
Commissioners, it comes with a favorable recommendation that is to be forwarded to the County
Council. Seeing no- Commissioner McCall.
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MCCALL:Question to the Planning Director. Chris, can you explain what the
ramifications are- the fact that we have CC & Rs designating that- that it is for single family
even thought the 2 lots are zoned for multiple family.
YUEN:Well if- if somebody came in- into the Planning Department for a building
permit to put a multi-family building in there we would process the building permit for that
because its zoned for it. Assuming that you know the building code- this spot here although its
in the SMA is covered by a master SMA permit so it would also meet SMA requirements so we
would- the County because the Countys not enforcing the project covenants would go ahead and
process the approvals for that. If the private lot owners found out they could go to court to
enjoin the construction of that or the use of that as a multi-family building because it violates the
covenants.
MCCALL:Theywouldjust-wouldbeuptotheprojecthandlersto-todoanything.
YUEN:Thatsright.
MCCALL:Thankyou.
GALDONES:Furtherdiscussion.Hearingnone,motionisinorder.Commissioner
Fujikawa?
FUJIKAWA:I make a motion to accept the application or change of zone application
REZ 04-035 and forward this to the County Council for approval.
SMITH:Second.
GALDONES:It has been moved by Commissioner Fujikawa. Seconded by
Commissioner Smith, lot owners of the 49 Black Sand Beach at Mauna Lani Subdivision change
of zone application REZ 04-035 be given a favorable recommendation and be forwarded to the
County Council along with the background report and the recommendation. Further discussion?
Seeing none, Norman.
HAYASHI:Motion is to recommend approval. Commissioner Fujikawa.
FUJIKAWA:Aye.
HAYASHI:Commissioner Smith.
SMITH:Aye.
HAYASHI:Commissioner Alameda.
ALAMEDA:Aye.
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HAYASHI:Commissioner Graham.
GRAHAM:Aye.
HAYASHI:Commissioner McCall.
MCCALL:Aye.
HAYASHI:Commissioner Springer.
SPRINGER:Yes.
HAYASHI:Chair Galdones.
GALDONES:Aye.
HAYASHI:Motioncarries.
GALDONES:ThankyouNorman.Mr.Limyouwillbeinformedinwritingoftodays
action.
LIM:Thank you very much.
GREEN:Thank you.
GALDONES:Youre welcome.
The discussion ended at 9:38 a.m.
Respectfully submitted,
Lynette Sanemitsu, West Hawaii Secretary
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