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HomeMy WebLinkAbout2005-04-22 tkic4-22 PLANNING COMMISSION COUNTY OF HAWAI€I HEARING TRANSCRIPT April 22, 2005 A regularly advertised hearing on the application of KAMEHAMEHA INVESTMENT CORPORATION (SMA 05-002) was called to order at 2:05 p.m. in the King Kamehameha's - Kona Beach Hotel, Islander Room, 755660 Palani Road, Kailua-Kona, Hawai i with Chairperson Fred Galdones presiding. PRESENT:Fred GaldonesABSENT & EXCUSED:Jeffrey McCall C. Kimo AlamedaRodney Watanabe Hannah SpringerAllen Salavea WilliamGrahamReneSiracusa Andrew Iwashita Ivan Torigoe, Deputy Corporation Counsel Christopher Yuen, Planning Director Norman Hayashi, Planning Program Manager Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner Kiran Emler, Representing the Department of Public Works And approximately 15 people from the public in attendance. KAMEHAMEHA INVESTMENT CORPORATION (SMA 05-002) Special Management Area Use Permit application to allow the development of a 16-unit multiple family residential complex and related improvements. The property is located on the east side of Kamehameha III Road, immediately adjacent to and south (makai) of the Keauhou st Rehabilitation and Healthcare Center, Kahaluu and Keauhou 1, North Kona, Hawaii TMK: 7-8- 10:90. GALDONES:Will the Hawai i County Planning Commission be back in order. Commissioners we are on agenda item Number 3, Kamehameha Investment Corporation, SMA 05-002. This a Special Management Area Use Permit application to allow the development of a 16-unit multiple family residential complex and related improvements. Norman? HAYASHI:Thank you Mr. Chair. Just wanted to direct your attention to the presentation map on the wall. The subject property is indicated by this red dot and it is situated alongthesouthsideofKamehamehaIIIRoadandthiswouldbetheAliiHighway,Kamehameha III Road Intersection. This would be the Keauhou Shopping Center located at this, purple shadedarea.ThiswouldbeKuakiniHighwayheadedtowardssouthKona.TheApplicant intends to construct a 16-unit multiple residential complex and related improvements. They are proposingtoconstruct3buildings.Twoofthesebuildingswillbe45feetinheightandhouse6 units each. The third building will be constructed with 4 units within that particular building. 1 EXHIBIT C The square footage of the proposed structures will be approximately 1200 to 2200 squarefeet in size. General Plan land use designation for this particular property is medium-density Urban which would allow for the multiple residential zoning of this property. The current density for this property is RM-3 or 3,000 square feet of land area per unit. Based on the land area, 53-unit, a maximum of 53 units would be allowed on this particular property. The Applicant intends to construct only 16 units on the property. Access would be from the Kamehameha III Road. The proposed access would be across of the intersection with Wendys restaurant. This would be Wendys restaurant at this particular location and access would be from this particular roadway. Also proposed are carports or garages which will house 2 cars per, I guess, per, I guess the garage. Those areas if you look at the map, these are indicated as ‚Gsƒ and those would be able to house 2 cars. Water is available to the property. The property is also within the Kahaluu Historic District. This particular designation is- district is on the National Historic Register therefore compliance with Chapter 3 was required. The Applicant had filed a environmental assessment with our office and the Planning Department on behalf of the Planning Commission issuedafindingofnon-significantimpactandthatwasdonein2004.Therewereanumberof roadway improvement conditions proposed or recommended by the Department of Public Works and the Department of Transportation. However, those were not included by the Staff due to the Topliss case as traffic related conditions can only be imposed if the traffic or roadway conditions are so severe as to cause a problem that affects the issues covering the SMA Law, such as blocking of public access. We are recommending approval of this particular application. Are there any questions at this time? GALDONES:Commissioners any questions of Norman? Seeing none. Will the Applicant or his representative please step forward? LIM:Good afternoon Mr. Chairman. GALDONES:Mr. Lim will all 3 of you be testifying? LIM:Possibly. GALDONES:Okay, can I just swear all of you 3 in then please? Do you swear or affirm to tell the truth on this matter now before the Hawai i County Planning Commission? TESTIFIERS:I do. GALDONES:Okay. Could you please state your name and your residence address? Well start with Mr. Kauhane. Could you speak into the microphone? KAUHANE:Frances Kauhane. Im the Vice President of the Company. Our office is at 76 something 0 Makolea Street, which is in Keauhou. GALDONES:Thank you. CHUN:Greg Chun President of Kamehameha Investment Corporation. 78-6740 Makolea Street, Kailua-Kona. 2 EXHIBIT C GALDONES:Thank you. LIM:Steven Lim from Carlsmith Ball, 121 Waianuenue Avenue. GALDONES:Mr. Lim have you folks received the Background Report and the Recommendations and are there any comments? LIM:We have received both the Background and Recommendation from the Planning Department. We have no comments. I guess procedurally we have 1 initial issue, at a prior Planning Commission matter on an application by Kamehameha Investment Corporation we had Commissioner Springer at that time declare that she had been working with one of the potential master developers for the Keauhou Resort and so she recused herself. Wed like to inform the Planning Commission that at this time, that Developer is no longer working directly withKamehamehaInvestmentCorporationsoweassumethatthereisnoconflictandwedask that you make a finding. GALDONES:Thank you. Commissioners are there any questions of Mr. Lim? Commissioner Springer? SPRINGER:Mr. Chair. Just, Mr. Lims characterization of my previous work and my present circumstances is accurate and I offer those circumstances to my fellow Commissioners for any comment. I dont feel the need to recuse myself at this time. GALDONES:Thank you Commissioner Springer. Any other questions? Commissioner- go ahead. GRAHAM:Just one thing caught my notice reading the material we got. The Department of Water Supply said they didnt have water for this particular parcel but so you folks would have to allocate it from your other properties. And so you put forth and said, yeah we will reallocate. So Im just kind of- well the fishing question. Ourselves as Commissioners, I mean you could always presumably answer that question, that same way at anytime. So, how are we supposed to interpret that or what do you think is due diligence on our part as far as water supply? LIM:At the present time we have been in discussion with the Department of Water Supply for about a year now to develop a water system that would service the mauka portions of Keauhou. And if you look at the map on your right, that you can- the light green on the top of map thats just above that red line which is the SMA line- thats the proceeding thats currently before the State Land Use Commission for a boundary amendment. And, in order to service that portion of the lands were developing a mauka water system cause there are already 3 wells that have been dug on Kamehameha Schools lands mauka of this project area. So were in discussion- weve been in discussions and weve- going back and forth on the drafts of an agreement whereby the Department of Water Supply and Kamehameha Investment Corporation would be allocating certain water commitments to certain parcels. We have 1,744 water commitments to be used in the resort so its not a question of do we have enough its just a 3 EXHIBIT C question of allocating it. And how weve been operating over the past 5 to 8 years nowis that as projects within the Keauhou Resort develop out and they go in for their Plan Approvals likefor instance when the multi-family project you go in for a Plan Approval. The Department of Water Supply will be asked to allocate say 16 water commitments to this project and theyll send in a letter confirming that. So weve done that, like I say over the past 5 to 8 years now. Its just, what the water department wants to do is to enter into a formal agreement with us regarding how we- how we get- how we allocate the water from the mauka system coming down now. So its not a question of do we have €um, its just there issue I think is they want to see us allocate it and we are in the process of doing that agreement. GRAHAM:Thank you. GALDONES:Seeing that there is no further questions? Mr. Lim, there is a person who signed up to testify. So if we could relinquish the chairs I would appreciate it. I would like to callatthistime,ElizabethMeyerson. ANONYMOUS:(voiceofwomansittinginaudience)Mrs.Meyersonleft.Hertestimony was similar to the water supply issue she gave earlier. GALDONES:Okay. Commissioners are there any further questions of Mr. Lim? Mr. Lim is there any closing remarks? LIM:I think that the project that youre looking at today Commissioners is basically an in-field project. Were developing less than 1/3 of the maximum density on the project. We ask for your support. Weve addressed the Kahaluu Historic District issues. There is a small portion of site 46-24 thats located within the very small portion of the project out there on the top left hand portion of the diagram thats on Exhibit 4 in our application. Youll see that the site itself is on the next door property, which is the Keauhou Rehabilitation and Healthcare Center. The one that everybody still calls the Hill Haven project. But the buffer extends into this project. It will not be affected by the development of this project as there is a sewer easement that runs from- between the archaeological site buffer and the development. So we received the State Historic Preservation clearance for that element and we ask the Commissions support in this application. Thank you. GALDONES:Thank you. Hearing no further questions, no more discussions- Commissioners it comes with a recommendation from the Planning Director for approval by the- recommendation for approval by the Planning Commission. Commissioner Graham? GRAHAM:Just one small issue for the Planning Director. I think in our Background Report that was- it was clear that they intend to connect to their own sewage treatment system and all but- And sewage is obviously an SMA issue but I dont see that in any of the conditions. Is that missing for any particular reason? YUEN:Why dont we add that as a condition. Theres a practical matter they would have to do that as a multi-family building with the Department of Health but it should be a condition. 4 EXHIBIT C GALDONES:Norman did we get that amendment? HAYASHI:Yes. GALDONES:Norman where would you like to place that? HAYASHI:We can place it between 7 and 8 and move 8, 9 and 10- renumber those. GALDONES:Okay, thank you. Commissioner Alameda? ALAMEDA:Thanks I was just going to ask, what would be the wording for that condition, just so we know if we make a motion? GALDONES:Norman,whatwouldverbiagebe? HAYASHI:Somethingtotheeffectthattheyshould,thattheprojectshallbehooked up to the County Sewer System or appropriate- Appropriate sewer system shall be provided for the project site- for the project. I dont have the specific language. LIM:The particular private waste water treatment plants name is the Heeia Wastewater Treatment Plant thats located makai of the subject property. GALDONES:Commissioner Springer? SPRINGER:Im looking at page 5 of the County Background Report, discussion item 22 under traffic and Im wondering if that discussion needs to be reflected in the conditions or perhaps I missed it if you could help me find reference to it. LIM:That refers to the State Department of Transportation comments. Their comment letter of February 28, 2005, which is includedin your files states that the project in and of itself ‚will not have a significant impact on our transportation facilitiesƒ. And what they pretty much regularly refer to in these projects that has come before you in the Keauhou Resort is that theyvealways wanted the Kamehameha Investment Corporation to participate in region wide improvements and we are doing so in the context of the State Land Use Commission proceeding for the mauka lands that I spoke about earlier. They are going to be entering into a stipulation with the Office of Planning for the State to contribute their fair share of regional impacts. And KIC has already made a proposal for funding of certain design elements up front to get the work started and we are waiting the State Department of Transportations formal acceptance of that proposal. So things are being worked on with respect to the regional transportation improvements that come out of other developments. But for this particular one they have said that it has no significant impact. SPRINGER:May I Mr. Chair? So Mr. Lim the last sentence of that paragraph reads, if not required to construct the improvements the DPW recommends that the applicant should be 5 EXHIBIT C required to provide any right-of-entry and slope construction easementsƒ thats all taken up in the reference that youre making? LIM:Thats correct. The primary improvements will be at the Kamehameha III and Kuakini Highway intersection at the mauka portion of the project area. SPRINGER:Thank you. GALDONES:Further comments, discussions? Hearing none, a motion is in order. Commissioner Alameda? ALAMEDA:With regard to SMA 05-002, Id like to make a motion to approve this permit to allow the development of a 16-unit multiple family residential complex and related improvements taking into consideration the conditions in the Departments report as well as, the newconditionregardingthesewersystem. SPRINGER:Second. GALDONES:IthasmovedbyCommissionerAlameda,secondedbyCommissioner Springer that Kamehameha Investment Corporation Special Management Area Use Permit, SMA 05-002 be approved along with the Background Report and Recommendation as amended. Theres a new condition number 8 in reference to hooking up to an appropriate sewer system which is, I understand there is already a wastewater treatment plant in that area. Further discussion? Commissioner Springer? SPRINGER:Just a comment that often times particularly with regard to applications here in Kona where traffic takes up some of our discussion and I understand that this is an SMA application. So we may not base our decisions totally upon traffic circumstances. But this is part of an overall planned community development plan. Im familiar with some of the concerns that I often times have about traffic thats coming directly onto a thoroughfare such as Kaahumanu Highway or Alii Drive. And, thats in the next sentence after the one that Mr. Lim read about the project not having a significant impact. Thank you GALDONES:Thank you. Further discussions? Seeing none, Norman? HAYASHI:Thank you Mr. Chair. Just, with regard to the condition for the sewage disposal, perhaps the wording can be that the sewer system for the project shall be connected to the Heeia Wastewater Treatment Plant. GALDONES:Mr. Lim? LIM:Thats acceptable to us. Thank you. GALDONES:Thank you. HAYASHI:Thank you with that. Mr. Alameda? 6 EXHIBIT C ALAMEDA:Yes. HAYASHI:Ms. Springer? SPRINGER:Yes. HAYASHI:Mr. Graham? GRAHAM:Aye. HAYASHI:Mr. Iwashita? IWASHITA:Aye. HAYASHI:Chair Galdones? GALDONES:Aye. HAYASHI:Mr. Chair, motion carries with 5 aye votes. GALDONES:Thanks Norman. Mr. Lim you will be informed in writing of todays actions. LIM:Thank you verymuch. GALDONES:Youre welcome. The discussion ended at 2:25 p.m. Respectfully submitted, Lynette Sanemitsu, West Hawai i Secretary 7 EXHIBIT C