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Home My WebLink About2006-03-24 TSonny_Ventures_REZ05030 PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT March 24, 2006 SONNY VENTURES, LLC (REZ 05- A regularly advertised hearing on the application of 030) 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 3 people from the public in attendance. APPLICANT: SONNY VENTURES, LLC (REZ 05-030) Change of Zone from Neighborhood Commercial 10,000 square feet (CN-10) to Single- Family Residential 10,000 square feet (RS-10)for approximately 6.643 acres of land within the Lokahi Mauka Subdivision, Kalaoa 5, North Kona, Hawaii, TMK: 7-3-61: 1-10, 17, 18, th 20-22, por. 11, 12, 19, 24-26, 50, 53, 54 GRAHAM:The first item on the agenda is an application by Sonny Ventures LLC. Its a Change of Zone application where we will be making a recommendation to the County Council. The Change of Zone is from Neighborhood Commercial 10,000 square feet CN-10 toSingle-FamilyResidential10,000squarefeetRS-10forapproximately6.643acresofland th within the Lokahi Mauka Subdivision, Kalaoa 5, North Kona, Hawaii. Norman would give us the staff presentation on this application please? HAYASHI:Thank you Mr. Chair. Good morning Commissioners. This particular map which is the overall location map is oriented in a mauka-makai direction. The subject property might be hard to see but its located at this general location indicated by this red shaded area. It is situated adjacent to and south of the Kona Palisades Subdivision. This is the Kona Palisades Subdivision. This would be Highway 190 or Route 190 and this is the Queen Kaahumanu Highway. This would be the airport. The subject property or the area underconsiderationispartofalargersubdivisionreferredtoasLokahiSubdivision,Lokahi Mauka and Makai. Initially the applicant or the initial applicant intended to have a neighborhoodcommercialfacilityatthisparticularlocationandsubsequentlyrequestedfora zone change to a CN Zoned District. Since then the plans for this area has changed, they no EXHIBIT A 1 longer feel that the CN zoning is necessary for this area. For that reason they came in for a 184 lot subdivision, the Lokahi Subdivision which was approved in April of 2005. Within this Neighborhood Commercial area 24 lots or portions of those lots were developed for residential purposes. Actually 21 lots were subdivided into residential sized lots. There are 2 roadway lots and 1 lot which is a portion of a park site proposed for the area and that would be at this general location. Now going to this overall site map this is the area that is proposed to be rezoned from CN-10 to RS-10. It consists of 6.6 acres and access to this particular portion of the subdivision is from Kakahiaka Street and that would be off of the Kona Palisades Road, Kaiminani Street. The Planning Director is recommending approval and with conditions. Are there any questions? GRAHAM:Commissioners any questions for Staff? SPRINGER:No thank you. GRAHAM:Commissioner Siracusa? SIRACUSA:You said that they feel now that Commercial Neighborhood zoning is notnecessaryforthisareaandImwonderinghowfarisitfromthissubdivisiontotheclosest shopping. HAYASHI:The closest shopping would be Matsuyama Store in this particular area. There also is a Neighborhood Commercial Zoned area at this particular location off of Route 190. SIRACUSA:Is there a grocery store in there? HAYASHI:Yes. Matsuyama Store is a grocery store. Its actually a quite busy grocery store. SIRACUSA:Okay thank you. GRAHAM:Commissioner Salavea? SALAVEA:Just for clarification Norman. In Commercial Neighborhood zoning residential is one of the permitted uses under that designation? HAYASHI:Yes. Residential use is permitted within a CN Zoned District. SALAVEA:Thank you. GRAHAM:Any further questions by the Commissioners? Would the applicant please come forward? Id like to swear you in at this time. Do you swear-, the both of you together. Do you swear or affirm to tell the truth on the matter now before the Hawaii County Planning Commission? EXHIBIT A 2 APPLICANTS:I do. GRAHAM:Thank you. Did you receive the recommendations from the Planning Department? DICKLER:Yes we did. GRAHAM:Do you have any comments on the recommendations or would you like to make any presentation of your application to the Commission? DICKLER:Id just like to mention one clarification, just for clarification we are the successor with interest in this-. SIRACUSA:Excuse me? They didnt state their names. DICKLER:Iknewthat. GRAHAM:ThankyouCommissionerSiracusa.Pleasestateyournameand address. DICKLER:Im sorry. My name is Alan Dickler. I live at 75-399 Wehilani Drive in Kailua-Kona. Im the President of Westpro Holdings. GRAHAM:Thank you. BROOKS:Im Bill Brooks. I live in Holualoa, P.O. Box 308 and Im the Entitlement Manager for Westpro Holdings and Westpro Holdings is parent of Sonny Ventures. GRAHAM:Thank you. Go ahead. DICKLER:Were the successor in interest in this property. The Commercial Zoning was part of the original zoning that was placed a number of years ago. We purchased the property approximately 3 years ago and as Norman stated we went back to the Planning Commission and the County Council and established a residential community that was approved in the 184 individual units. The individual lots that were talking about have already been sold to third parties and residences have already been built on them. And so that all were trying to do is effectively a housekeeping matter an oversight on our part on the initial processing that we didnt get the zone change. Its not building or not building commercial actually this prevents anyone in those individual houses not withstanding the existing covenants that exist with CC&Rs that prevent them from doing commercial but because of the overlap there may be some confusion in the future were trying to avoid that. GRAHAM:Thank you. Do we have any questions from the Commissioners? Commissioner Siracusa? EXHIBIT A 3 SIRACUSA:Yeah. I was reading the Background Report; I like the idea ofthe project being pedestrian friendly. But Im wondering why you didnt allow even one little bit of commercial there so that there could be a, at least a convenience store so residents could walk to that and, as part of being pedestrian friendly instead of having to go-, it looks like where Norman pointed out the other commercial space is up mauka there. Maybe bike but certainly not for a senior citizen to walk up to buy a container of milk. So Im wondering if you would care to comment on that and let us understand your thinking in the matter. DICKLER:Basically, the community didnt want commercial in that area when we came before the Council. And then the park was more important to the community when we went for the public hearings. So putting the park in we converted some of that space that would have been necessary for an economic commercial site to the park that were dedicating to the County. BROOKS:OneotherthingthatIwouldsharewithyouthatmighthelpyou understand why there was this shift in planning. When this property was originally zoned by the previous owners there was none of the development down below especially in the way of Costco and the various other shopping opportunities down there. By the time that this came along it was deemed that even though we had the zoning for much higher density that for the sake of keeping the community and traffic and everything that it would be better to eliminate the idea of commercial in that area and this was discussed with the people with the Planning Department and what have you in our initial strategy. So it was the fact that there had been other shopping opportunities that had been created since the original conceptualization and zoning. SIRACUSA:May I? GRAHAM:Do you have a follow up Commissioner Siracusa? SIRACUSA:Yes, yes. So, there was some method whereby you, you polled the residents in the area to get their, their take on this, to understand their preference? Were there like public meetings or could you explain how you did that? BROOKS:Sure. There were meetings with the then current County Councilman for that area Mr. Curtis Tyler. SIRACUSA:No Im referring to the residents. BROOKS:Yes and well he is, he was a resident of Palisades at that time and also we had talked with the residents of the Palisades community. We went to their community meetings and talked with them and what have you as well. Yes maam. SIRACUSA:Im referring to the residents of your subdivision the-. BROOKS:The residents- EXHIBIT A 4 SIRACUSA:Lokahi Mauka Subdivision. BROOKS:Yes maam. That subdivision had not been created at that time. In other words you gotta understand that this was just a blank piece of land at that point and when we were in the planning stages. So at that point we were talking with the community. SIRACUSA:Im sorry you misunderstand me. Im talking about at this point now that youre moving forward to make these changes okay. Im wondering-, and now there are residents right? So, Im wondering if you have had more recent updated meetings or sent out letters to the residents or whatever or survey form to assess the you know feelings of the community. GRAHAM:Hold on a second. Lynette are you okay with this back and forth? All right. Excuse me go ahead. DICKLER:Ms. Siracusa if I may. Again you have to keep it in perspective that theseindividuallotswhetherthezonechangegoesthroughornothavealreadybeensoldand our residences have been built on them and the existing residents knew that there was no commercial when they purchased in there it was disclosed to them and that weve had, obviously weve had community association meetings with the residents that exist there now. Its not been specifically brought up although everyone in the 300 foot radius of the zone which takes in most of the residents that now exist have been noticed of this change. SIRACUSA:Okay thank you for clarifying that for me now. And there is a Community Association? DICKLER:Yes there is. SIRACUSA:Okay good. GRAHAM:Commissioner Salavea? SALAVEA:Just for myself. Im not too familiar with the area. Can you tell me whats on the ground currently in the area that you propose to rezone? Is it a park, what is it there? DICKLER:The area that were specifically, if you look on the map in the blue its single-family residences with-, theres a park to the northern end right outside of the blue that is being constructed right now. That is going to be dedicated to the County. SALAVEA:Okay. GRAHAM:Thank you. Commissioner Siracusa? EXHIBIT A 5 SIRACUSA:Yes I have one more question. There was mention in the background report of an endangered uhiuhi tree and I understand it was outside the project area but Id like to know where it is and if you have any specific plans regarding it? BROOKS:We dont have specific plans regarding it because its not on our property. But for the sake of your informing you of its location, Norman if you can point to the Wainani Project which is directly above the Lokahi. When you go up above Kapuahi Street it goes up above on that map tothe right youd have to-. HAYASHI:Bill if you could? I dont want to point out the wrong place. BROOKS:Yeah. DICKLER:Thank you. This is Kapuahi Street that gets extended. This is owned, theresanothersubdivisioncalledWainani42thatsnotownedbyustheyreownedbythird parties and its up in this area Bill correct? BROOKS:Yes thats correct. DICKLER:At the north, at the mauka end of their property. So we have nothing to do with them. SIRACUSA:I find it very strange then that it was even mentioned in the Background Report. DICKLER:The reason-. Im sorry Ms. Siracusa the reason it was mentioned was originally this was all one piece of property Haseko owned all 125 acres. It has since been subdivided to 3 different developers. SIRACUSA:Thank you. BROOKS:To the best of my knowledge it is being preserved. GRAHAM:Thank you. Norman just one other clarification, I know weve had some after the fact rezonings in the past like down at the Mauna Lani and things and in those cases I think we have some individual letters from the lot owners saying that its, that theyre okay with it. Do we have that in this case also? HAYASHI:Yes we do have that on file and that was submitted with the application. GRAHAM:Thank you. Another other questions from Commissioners? We only have one person in the public. If you are intending to give any testimony please do so. Thank you. Do you have anything further on behalf of the applicant? DICKLER:No thank you. EXHIBIT A 6 GRAHAM:And the 4 conditions we have recommended by the Planning Department, youre okay with those conditions? DICKLER:Yes were okay with those conditions, we have met those conditions. GRAHAM:Thank you. Well I think were open for discussion or a motion whatever the Commission would like at this point. Commissioner Siracusa? SIRACUSA:Ill make a motion. I move that a favorable recommendation be forwarded to the County Council on the application for a Change of Zone REZ-030, based on the Planning Directors Recommendations and Proposed Conditions. WATANABE:Second. GRAHAM:All right we have a motion and a second. Do we have any discussion on the motion? All right we can go to the vote, Norman? HAYASHI:Thank you Mr. Chair. The motion to recommend approval with the proposed 4 conditions. Commissioner Siracusa? SIRACUSA:Aye. HAYASHI:Commissioner Watanabe? WATANABE:Aye. HAYASHI:Commissioner Galdones? GALDONES:Aye. HAYASHI:Commissioner Salavea? SALAVEA:Aye. HAYASHI:Commissioner Springer? SPRINGER:Yes. HAYASHI:And Chair Graham? GRAHAM:Aye. HAYASHI:Motion carries. GRAHAM:Thank you. You will be notified in writing of our decision today. EXHIBIT A 7 DICKLER:Thank you for your time appreciate it. GRAHAM:Certainly. This discussion ended at 9:20 a.m. Respectfully submitted, Lynette Marushige, West Hawaii Secretary EXHIBIT A 8