The URL can be used to link to this page

Home My WebLink About2006-04-21 Tnakahara PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT APRIL 21, 2006 SCOTT NAKAHARA (SLU 06-000008) A regularly advertised hearing on the application of and (REZ 06-000031) was called to order at 11:04 a.m. at the Waikoloa Beach Marriott Hotel, 69-275 Waikoloa Beach Drive, Waikoloa, Hawaii with Chairman C. Kimo Alameda presiding. PRESENT:C. Kimo AlamedaABSENT & EXCUSED: William R. GrahamJeffrey McCall Rodney H. Watanabe Andrew Iwashita Fred Galdones Christopher Yuen, Planning Director Ivan Torigoe, Deputy Corporation Counsel Norman Hayashi, Planning Program Manager Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner And approximately 10 people from the public in attendance. APPLICANT: SCOTTNAKAHARA (SLU 06-000008)/(REZ 06-000031) a.State Land Use boundary amendment from the Agricultural tothe Rural district for approximately 5.9 acres of land. b.Change of Zone from Agricultural 5-acre (A-5a) to Residential and Agricultural 2-acre (RA-2a) for approximately 5.9 acres of land. The property is located along the south side of Kawaihae Road (Highway 19) with access from KanehoaPlace,KanehoaEstatesSubdivision,Ouli,SouthKohala,Hawaii,TMK:6-2-9:17. ALAMEDA:Lookingatagendaitem#2,applicantScottNakahara,arezoningrequest. Ill let the Staff take it from here. Norman. HAYASHI:Thank you Mr. Chair, Members of the Commission. Good morning. The NakaharapropertyiswithintheKanehoaEstatesSubdivisionandisindicatedbythisbluedot. This is the Kawaihae Road leading towards Waimea and this would be in the makai direction or Kawaihae direction. The Kanehoa Estates Subdivision is located in this general configuration and adjacent to that is the Anekona Estates Subdivision. Access to the Kanehoa Subdivision is from Kanehoa Street at this particular junction. Also theres another access that can be provided and that would be through the Anekona Estates Subdivision and that would be the Anekona Street that intersects with Kawaihae Road. The colors on the map indicate the various zoning districts. The light shaded green areas are those lands that are currently zoned Agricultural 5- acre. The yellow areas and there are some crosshatch areas that were just entered on. These areas are currently zoned for Residential Agricultural 2-acres, similar to what the applicant is EXHIBIT B 1 requesting. These areas are also within the State Land Use Rural district, these areas that are indicated yellow or crosshatch. The applicant intends to subdivide the property into 2 lots. One would be a 2.1-acre property and if you look at this particular map again this is Kanehoa Place this comes off of Kanehoa Street and that would be the primary access to the subject property. This is Kawaihae Road going in the Waimea area and towards Kawaihae however access will not be provided from that particular roadway. The property currently has 2 existing single family dwellings one of which was received and one a permit back in 1990 when we were allowing ohana permits within the State Land Use Agricultural districts. That is no longer the case. This is one of the dwellings here and this would be the second dwelling on the larger lot. There is also a storage building that is located in the front property. Again access would be from Kanehoa Place and there would be a flag that would provide access to the back lot. Water is available to the property. Just a matter of background the Kanehoa Estates Subdivision was originally subdivided consisting of 25 lots. Since that time there were rezoning requests that were granted to a Residential Agricultural 2-acre. Those would be 4 lots and theyll be 1, 2, 3, 4 lots.Soremainingwithinthisparticularsubdivisionincludingthesubjectpropertyare21lots that are still Agricultural 5-acre in size or zoned Agricultural 5-acre. As far as the adjacent Anekona Estates Subdivision and thats this particular area there were originally 36 lots created. Since that time 24 lots were rezoned to Residential Agricultural 2-acres. So there are 12 remaining lots that are still Agricultural 5-acre in size. The Planning Director is recommending approval of this particular request with conditions. These are similar conditions that were granted for previous rezoning applications in the area. Are there any questions? ALAMEDA:Fellow Commissioners? Any questions? Commissioner Watanabe? WATANABE:This does not involve approving any new structures right? All of these structures currently exist? HAYASHI:That is correct. WATANABE:And its my recollection that, at least as long as Ive been on the Commission that all of these rezonings that weve done have been for existing and its more I think, probably something that arose out of Hokulia and the ruling that came out of that where people are trying to legitimize the lots. HAYASHI:Not necessarily. There are several lots that were rezoned that there was only one single-family dwelling and the intent was to create an additional lot for family members or for sale which would allow an additional single-family dwelling. In this particular case there are 2 existing single-family dwellings so they would not be able to construct anymore. And that is a condition of one of the conditions proposed. WATANABE:Thank you. ALAMEDA:Other questions fellow Commissioners? Seeing none will the applicant or his representative please come forward? Good morning let me swear you in. Please raise your right hand. Do you swear or affirm to tell the truth now before the Hawaii County Planning Commission? EXHIBIT B 2 MOOERS:I do. ALAMEDA:Thank you. Can you please state your name and address for the record? MOOERS:My name is Greg Mooers, P.O. Box 1101, Kamuela. ALAMEDA:Mr. Mooers youve heard our staff present the application. Youve also received a copy from the department. Im just wondering if you have any comments on the conditions or thoughts? MOOERS:No I think the conditions are very standard. One thing I would point out Mr. Hayashi did give you a confirmation of the number of lots, the numbers have been rezoned. One of the things that is not reflected that is that many of the lots that have not been rezoned havebeenCPRd.ForexampleinAnekonaEstatesofthe36lots,24arerezoned,12remaining in Ag-5 but of the 12, 8 of those have been CPRd. So theres really only 4 lots that havent (inaudible) double-density. A number of years ago when CPRs were still being done in the Ag district both of these subdivisions pretty much hit with unanimity went through that process and they were all became double lots. In Dr. Nakaharas case its somewhat unusual in the sense that hes got 2 houses but it was never CPRd. So Dr. Nakahara lives in one house, his mother lives in the other house. They want to create 2 separate lots primarily for estate planning purposes. ALAMEDA:Questions for our applicant representative? Commissioner Galdones? Theres also no testimony on this matter as well. Fellow Commissioners? Commissioner Watanabe? WATANABE:Im ready to make a motion if-? ALAMEDA:Let me check first. Commissioner Graham has a question? GRAHAM:Mr. Mooers I dont know that this affects what we do here and all but since this was not CPRd and there are 2 single-family dwellings can you just tell me how that came about with building permits and whatever? MOOERS:(inaudible) where Mr. Hayashi mentioned in his presentation that there was an ohana permit granted to the previous owner in 1990 and thats how the second dwelling was constructed. GRAHAM:Thank you. ALAMEDA:Thank you. Commissioner Watanabe? WATANABE:No, Im fine. ALAMEDA:Did I hear a potential motion on your end? EXHIBIT B 3 WATANABE:No one signed up for testimony? ALAMEDA:Yeah, no testimony. IWASHITA:Mr. Chair? ALAMEDA:Sure, Commissioner Iwashita? IWASHITA:Thank you. So I just wanted to clarify on the record that all the buildings on the property are legal? They have proper permits? HAYASHI:That is correct. IWASHITA:Thankyou. HAYASHI:Theyallreceivedbuildingpermits. IWASHITA:Thankyou. ALAMEDA:ThankyouCommissionerIwashita.CommissionerWatanabe? WATANABE:I move that a favorable recommendation for State Land Use Boundary Amendment Application SLU 06-000008 be forwarded to the Council based on the Directors Recommendations. GALDONES:Ill second. ALAMEDA:Motion made by Commissioner Watanabe, seconded by Commissioner Galdones. Discussion? Seeing none, Staff? HAYASHI:Thank you Mr. Chair. The motion is to recommend approval as recommended by the Planning Director. Commissioner Watanabe? WATANABE:Aye. GALDONES:This is favorable recommendation? HAYASHI:Yeah, favorable recommendation. Commissioner Watanabe? WATANABE:Aye. HAYASHI:Commissioner Galdones? GALDONES:Aye. EXHIBIT B 4 HAYASHI:Commissioner Graham? GRAHAM:Aye. HAYASHI:Commissioner Iwashita? IWASHITA:Aye. HAYASHI:ChairAlameda? ALAMEDA:Aye. HAYASHI:Mr. Chair motion carries. ALAMEDA:Mr.Mooersyouandyourapplicantwillbeinformedofthisdecision. WATANABE:Wehaveonemore. ALAMEDA:Oh,onemoresorry.CommissionerWatanabe? WATANABE:ImovethatChangeofZoneApplication,afavorablerecommendationfor Change of Zone application be forwarded to the County Council for REZ 06-000031 based on the Directors recommendations. GALDONES:Second. ALAMEDA:Motion made by Commissioner Watanabe, seconded by Commissioner Galdones. Discussion? Seeing none, Staff? HAYASHI:Commissioner Watanabe? WATANABE:Aye. HAYASHI:Commissioner Galdones? GALDONES:Aye. HAYASHI:Commissioner Graham? GRAHAM:Aye. HAYASHI:Commissioner Iwashita? IWASHITA:Aye. HAYASHI:Chair Alameda? EXHIBIT B 5 ALAMEDA:Aye. HAYASHI:Mr. Chair motion carries. ALAMEDA:Thank you. You will be informed in writing. Thank you very much for coming. This discussion ended at 11:17 a.m. Respectfully submitted, Lynette Marushige, West Hawaii Secretary EXHIBIT B 6