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HomeMy WebLinkAbout2006-03-24 TAmendment_to_SMA_Map PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT March 24, 2006 INITIATOR: PLANNING A regularly advertised hearing on the application of DIRECTOR regarding Amendment to the Special Management Area (SMA) Map was called to order at 9:04 a.m. in the King Kamehameha's Kona Beach Hotel, 75-5660 Palani Road, Kailua-Kona, Hawaii, with Vice-Chairperson William R. Graham presiding. PRESENT:ABSENT & EXCUSED: Hannah SpringerAndrew Iwashita Rodney H. WatanabeJeffrey McCall Allen Salavea Rene€ Siracusa Fred Galdones Ivan Torigoe, Deputy Corporation Counsel Norman Hayashi, Planning Program Manager Jeff Darrow, Staff Planner And approximately 0 people from the public in attendance. INITIATOR: PLANNING DIRECTOR Amendment to the Special Management Area (SMA) Map by delineating the location of the SMA boundary along the makai side of the Queen Kaahumanu Highway right-of-way from the area north of the Kona Industrial Subdivision to the Kona International Airport at Keahole AccessRoad. GRAHAM:ThenextitemonouragendaisinitiatedbyPlanningDirectorwhois not personally here today but Norman will be representing the Planning Department and Jeff. This is an amendment to the Special Management Area in the North Kona district by delineating the location of the SMA boundary along the makai side of Queen Kaahumanu Highway right-of-way from the area north of the Kona Industrial Subdivision to the Kona International Airport at Keahole Access Road. We€ll take just a minute for the Staff to get the presentation for us. HAYASHI:Okay I€m ready Mr. Chair. GRAHAM:Thank you Norman go ahead. HAYASHI:Okay I€ll just briefly go over the maps. First of all we have 2 maps on the board. This is the official SMA map that was adopted back in the 70€s. This is the North Kona District and if you look at this map the yellow shaded areas are areas within the SMA. This is the Keahole Airport and this would be Kailua. So there€s an SMA line that is along EXHIBIT B 1 the Queen Kaahumanu Highway. From our perspective the scale is so small, it€s 1-inch equals 4,000 so there has been several interpretation as to where the SMA boundary is along Queen Kaahumanu Highway. At times we€ve interpreted it to be on the makai side of the existing right-of-way and there has also been interpretation that it is the centerline. Also since this map was created additional right-of-way was provided along the makai side of Queen Kaahumanu Highway and that was to accommodate future improvements like what€s going on right now which is the 4-lane highway. So basically the intent behind this proposal that the Planning Director is initiating is to make it clear that the SMA boundary would be along the makai side of the right-of-way. So anything makai of the right-of-way would be within this Special Management Area and would be required to get a Special Management Area Use Permit or an Assessment or Minor Permit. So that€s basically it. If you notice the existing-. This is the Kona Industrial Subdivision. When the maps were initially created these areas were taken out of the SMA or left out of the SMA. But when the new-, this is the second increment of the Kona Industrial Subdivision and a portion was already subdivided or has sincebeensubdividedintosmallersizedlots.Thisisalongoneofthestreets;thisonetierof industrial lots and those are within the SMA. So anything within that area, they would need to get an SMA Use Permit or was covered under the SMA permit that was granted by the Commission a few years back. GRAHAM:Have you finished Norm? HAYASHI:Okay so basically everything makai of the Queen Kaahumanu Highway would be within the SMA. GRAHAM:All right. HAYASHI:And that is to make it clear that that is the line. GRAHAM:Okay. Commissioner Springer? SPRINGER:Thank you. Norman to our right of the red line on Loloku Street. HAYASHI:Mm hm. SPRINGER:Is that the Kailua Village Design District? HAYASHI:The Kona Industrial Subdivision, existing industrial subdivision is not part of the Kailua Special District. SPRINGER:Thank you. HAYASHI:It€s outside of that. GRAHAM:Commissioner Siracusa? EXHIBIT B 2 SIRACUSA:Yes this is a question about process Norman. I don€t know if I should be asking you or Ivan. But usually if, when we€re approving SMA changes we do not make recommendation to the County Council. We€re the end authority I believe. HAYASHI:Yes. SIRACUSA:In this case does it go to the Council? HAYASHI:No it does not. SIRACUSA:Or does it end with us? HAYASHI:Yes, you would be the ultimate decision making body to establish the line as noted on this map. SIRACUSA:So we would have to adjust the form of the motion accordingly then? HAYASHI:Yes that would be to adopt the changes as proposed by the Planning Director. SIRACUSA:Thankyou. GRAHAM:Yes Commissioner Watanabe? WATANABE:Real quick, one clarification. So we are adjusting or proposing to adjust the SMA line to makai of the actual right-of-way, which would actually be a little further makai of the existing Queen K yeah? HAYASHI:That€s correct. WATANABE:Am I correct? HAYASHI:Yes. WATANABE:Yeah, so that would mean that you know as they do future improvements to Queen Kaahumanu we would not be encumbered by the SMA Regulations? HAYASHI:Yes. WATANABE:Okay thank you. GRAHAM:Thank you for that clarification. Norman since you€re starting off with a map there is there any kind of metes and bounds now in place or was the map really the only delineation of the existing SMA area? EXHIBIT B 3 HAYASHI:Yes that was the only, the map was the only thing we had to establish where the line was, or the line is. GRAHAM:All right thank you. Commissioner Siracusa? SIRACUSA:Yes, in the event of widening of Queen Kaahumanu Highway does that mean that the widening would only be able to take place on the mauka side of the highway or that the State Department of Transportation should it choose to widen would have to apply for SMA Variance from us? HAYASHI:Okay. The improvements that are being proposed by the DOT or they€re already doing some work is within this existing right-of-way. So it€s not, and this is the line that delineates the right-of-way so everything that is being proposed or is being done is situated mauka of that line on the SMA line. If however the State Department of Transportationintendstocomefurtherdownanduselandsinthisareafortheright-of-wayin the future then they would need to get a SMA permit. SIRACUSA:Thank you. GRAHAM:Norman could you give us a sense of just what the width is of the right- of-way for the Queen Kaahumanu Highway. I know it€s quite, it€s quite large yeah? HAYASHI:Excuse. I have 150 feet and 300 feet as the figure but that€s a big discrepancy so I€m not able to answer that at this time. GRAHAM:That€s all right. Thank you. GALDONES:Mr. Chair? GRAHAM:Commissioner Galdones? GALDONES:Thank you Mr. Chair. Norman in the proposed amendment there is no reference made here regarding the boundary on Loloku Street. So is it my understanding that that area is not changed, that that boundary line is still the same? HAYASHI:Yes this would be still the same. So, these dots allow the southside of Kaloko Street would be within the SMA. GALDONES:Okay thank you. HAYASHI:And there is a blanket SMA for this particular area which is part of the, which includes the Loloku Street. This is the Queen Liliuokalani Trust proposed subdivision that the Commission had approved a SMA for and that also includes any improvements thereof. EXHIBIT B 4 GRAHAM:Any further questions from Commissioners? Mr. Torigoe could you give us a little sense of exactly in the legal framework what we are doing with this item on the agenda? It€s not an ordinance and it€s not a change to our rules. TORIGOE:Thank you Mr. Chairman. Basically your Rule 9-21 gives you authority to amend the Special Management Area Maps. And so that€s basically what we€re doing today. And basically it says, 9-21, A-3 says the authority which is defined as the Planning Commission may amend the Special Management Area boundaries only upon finding if the amendments will further the objectives and policies as provided by Chapter 205A, HRS and will be consistent with the General Plan and other applicable ordinances. GRAHAM:Thank you. TORIGOE:I assume that the Planning Director has covered that ground for you. GRAHAM:Fine. We don€t have any testifiers in the room. Commissioner Watanabe? WATANABE:I€mreadyforamotion. GRAHAM:Allright,goforit. WATANABE:I€m not sure well we don€t have a template for this but I move that we approve the proposed amendment to the SMA along the right, to move it makai of the right- of-way along Queen Kaahumanu Highway based on the Director€s recommendations. SPRINGER:Second. GRAHAM:All right. SPRINGER:And discussion. The amendment is to a portion of the County of Hawaii Special Management Area Map for clarification. WATANABE:Friendly amendment. GRAHAM:My understanding of the delineation is that it will-, the map now the mauka boundary of the SMA area, if this is approved will follow the makai boundary of the right-of-way of Queen Kaahumanu Highway. WATANABE:That is correct. GRAHAM:Thank you. Commissioner Siracusa? SIRACUSA:Should for, to make sure that all our I€s are dotted mention in the motion that the area in question runs from the north of the Kona Industrial Subdivision to the Kona International Airport at Keahole Access Road? That€s what it says on the map and I€m EXHIBIT B 5 wondering if we should just make sure that that is in there so that it€s not taken in the future to mean further in either direction than what we€re specifying. GRAHAM:Is that your intention Commissioner Watanabe? WATANABE:Sure. SIRACUSA:Would you accept that as a friendly amendment? WATANABE:Exactly, I€ll accept that as a friendly amendment. SIRACUSA:And would the seconder accept that as a-? SPRINGER:Yes. SIRACUSA:Thank you. GRAHAM:Do we have any further questions? Mr. Torigoe? TORIGOE:Just a point that we should probably remember for all these kinds of voteswhenyou€rehavingwhatwehavebeencallingfriendlyamendmentsit€sgoodtohave and maker and the seconder basically acknowledge that it€s okay. We also should end up with either a voice vote or just the Chairperson asking if there are no objections then the motion will be considered amended something like that. So you have something on record that acknowledges that there€s a consensus that the amendments are okay. GRAHAM:All right thank you. So we have had some clarifications that have been accepted by Commissioner Watanabe and second by Commissioner Springer. Is there anyone that has any problem with any of these clarifications and amendments to the motion? All right thank you. So at this time I believe we€re open for a motion on this SMA Boundary Amendment. SIRACUSA:We have a motion. GRAHAM:Oh excuse me. We€re open for a vote is what I€m trying to say. Anything further from the Commissioners? And no one in the public attendance. All right Norman please? HAYASHI:Commissioner Watanabe? WATANABE:Aye. HAYASHI:Commissioner Springer? SPRINGER:Yes. EXHIBIT B 6 HAYASHI:Commissioner Galdones? GALDONES:Aye. HAYASHI:Commissioner Salavea? SALAVEA:Aye. HAYASHI:Commissioner Siracusa? SIRACUSA:Aye. HAYASHI:And Chair Graham? GRAHAM:Aye. HAYASHI:Mr.Chairmotioncarries. GRAHAM:Normanyouwillbeinformedwritingofourdecisiontoday. HAYASHI:Yes. This discussion ended at 9:20 a.m. Respectfully submitted, Lynette Marushige, West Hawaii Secretary EXHIBIT B 7