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HomeMy WebLinkAbout2003-02-07 Planning Commission Minutes PLANNING COMMISSION COUNTY OF HAWAII MINUTES FEBRUARY 7, 2003 The Planning Commission met in regular session at 9:00 a.m. in the Ohana Keauhou Beach Resort, KahaluÒu Ballroom, 78-6740 AliÒi Drive, North Kona, Hawaii with Chairman Fred Galdones presiding. PRESENT:Fred GaldonesABSENT & EXCUSED: Geraldine M. Giffin Earl Fujikawa Jeffrey McCall Florence Kubota Aurelio Mina, Jr. Francis Smith Hannah Springer Grant Togashi Ivan Torigoe, Deputy Corporation Counsel Christopher J. Yuen, Planning Director Alice Kawaha, Staff Planner Daryn Arai, Staff Planner Norren Kato, Staff Planner Kiran Emler representing Department of Public Works (Left at 11: Glenn Ahuna representing Department of Water Supply The Chair introduced the Commission and staff to members of the The Commission deferred Administrative Matters and approval of minutes until later on the agenda. CHANGE OF ZONEThe Commission took this item up at 9:07 a.m. with THOMAS A. TUSOapproximately 10 people from the public in attenda ND PUAÒA 2, NORTH KONA APPLICANT: THOMAS A. TUSO (REZ 02-016) - Continued hearing on the application for a Change of Zone by changing the district classification from Agricultural (A-5a) to Family Agricultural (FA-3a) for approximately 8.773 acres of land. The property is located approximately 720 feet west (makai) of Mmalahoa Highway, in the vicinity of the former Ferrari Kona Coffee Plantation Store, PuaÒa 2nd, North Kona, HawaiÒi, TMK: 7-5-12:38. Mr. Arai gave some background information. He noted the Commiss th December 5 meeting continued the hearing to allow the applicant an opportunity to 1 provide the Planning Department with information and documentation regarding its access over an existing 25-foot easement to Mamalahoa Highway. Planning Department is recommending the hearing again be continued as the documents have not been provided to the Department as yet. The applicantÓs representative, Sidney Fuke, stated that to date they have not received any confirmation from the Title Company as to whether the applicant has the right to use the existing 25-foot easement to Mamalahoa Highway. He said in the event the applicant does not have that right, the applicant nonetheless is still prepared to work with the adjoining property owner (Harada) to the South to see whether another easement can be secured rather than the existing 25-foot easement. He said when all these matters come to a resolution they will inform the Planning Department and the can be heard and reviewed by the Commission. There was no one from the public testifying on this agenda item. It was moved by Commissioner Kubota and seconded by Commissioner Fujikawa that the hearing be continued as requested. Motion was unanimously carried by a voice vote of all Commissioners in attendance. SPECIAL PERMITThe Commission took this item up at 9:14 a.m. with GLENN & MELITTAapproximately 12 people from the public in attendance. HODSON KAPALAALAEA, NORTH KONA APPLICANTS: GLENN & MELITTA HODSON (SPP 02- 039) Î Request to withdraw the application for a Special Permit to allow public tours of the existing Garden of Eden farm, and catered group events with up to 100 guests and 25 staff, and related parking area on approximately 5.001 acres of land in the State Land Use Agricultural District. The property is located at the end of Nohealani Street adjacent and east (mauka) of Keauhou Uka Subdivision and approximately 600 feet east of the Walua Road- Nohealani Street intersection, Kapalaalaea, North Kona, HawaiÒi, TMK: 7-7-7:29 and 78. Mr. Arai said that the Planning Commission granted standing to various parties for a th contested case proceeding at the December 6 hearing; and since then the applicant has submitted a January 7, 2003 letter requesting the withdrawal of the application from further consideration. The applicants, Glenn and Melitta Hodson, were in attendance. Mrs. Hodson read into the record her written testimony (SEE EXHIBIT A). She added that the small farmers, who pleaded with her to speak, would love to stay on their land and earn a living in additional ways other than just selling their fruits, noting it cost $4.75 to raise a pineapple and the profit margin is only $1. She said the farmers want so much to help keep the County green and plant things on their beautiful farm. 2 In response to Commissioner TogashiÓs inquiry, Mrs. Hodson said that the spokeswoman and organizer of the opposition said there was nothing the applicants could do that they would agree to, noting they did propose fewer events and smaller number of vehicles. She said they decided to withdraw the application as they felt if they were to go through all the expenses that the Commission would probably not grant the permit. Charles Bockus representing his parents, Marion and Nelson Bockus who live directly across from the Hodsons, supported the withdrawal. He said, however, that the withdrawal should be on the basis of the opposition of all of the neighbors and, also, on the basis of the existing covenants and restrictions of the association. He stated this was a good plan, but it is in the wrong place. He felt the Commission should consider the covenants and restrictions of the association in making its decision. Mrs. Hodson, said the CC&Rs have been broken by at least three businesses, two in the past and one in the present; therefore, she felt her situation was selective enforcement. She noted her attorney felt they could prevail in court; however, they were too old to deal with the animosity so close to home. With a heavy heart, Commissioner Kubota moved that the Commissio withdrawal of the application. It was seconded by Commissioner Fujikawa. Motion was unanimously carried by a voice vote of all Commissioners in attendance. Mr. Arai noted that the Department will refund the $100 filing fee to the intervenors requesting a contested case. SLU BOUNDARYThe Commission took this item up at 9:34 a.m. with AMENDMENT ANDapproximately 13 people from the public in attendan CHANGE OF ZONE PUAÒA DEVELOPMENT, LLC ST PUAÒA 1, NORTH KONA APPLICANT: PUAÒA DEVELOPMENT, LLC (SLU 02-012/REZ 02-022) - Applications for a State Land Use Boundary Amendment from Agricultural to Urban and a Change of Zone by changing the district classification from Agricultural (A-5a) to Multiple Family Residential (RM-2.5) for approximately 9.262 acr property is bordered between Queen KaÒahumanu Highway Extension and Hualalai Road, adjacent and south of The Pines residential development an University of Nations condominium site, and approximately 300 feet south of the Hualalai Road-Nani Kailua Drive intersection, PuaÒa 1st, North Kona, HawaiÒi, TMK: 7-5-10:61. (SEE EXHIBIT B) 3 RECESSEDThe Chair called a short recess at 11:34 a.m. RECONVENEDThe meeting reconvened at 11:44 a.m. SLU BOUNDARYThe Commission took this item up at 11:44 a.m. with two AMENDMENT &people from the public in attendance. CHANGE OF ZONE ERWIN L. BALDWIN ÒULI, SOUTH KOHALA APPLICANT: ERWIN L. BALDWIN (SLU 02-011/REZ 02-021) - Applications for a State Land Use Boundary Amendment from Agricultural to Rural and a Change of Zone by changing the district classification from Agricultural (A-5a) to Residential and Agricultural (RA-2a) for approximately 6.104 acres of land. The property is located in Kanehoa Subdivision, bordered by Kawaihae Road and Òuli Street, Òuli, South Kohala, HawaiÒi, TMK: 6-2-9:9. Mr. Kato oriented the Commission and public of the subject and surrounding properties on the location map and site plan, summarized the requests, and noted the Planning DirectorÓs favorable recommendation on both applications, with conditions on the change of zone application. The applicantÓs representative, Greg Mooers, stated he did receive a copy of the Planning DepartmentÓs Background Report and Recommendations and had no fu offer. Bruce Baron, adjacent property owner to the west of the proposed lot, requested the Commission impose a condition that there be no further bulldozing on the new lot to build a berm and that all possible measures would be taken to eliminate or minimize dust and dirt that would be blowing down on his home. He said at the very least the applicant be required to put up a big dust fence during the process of the construction work. In response to Mr. Baron, Mr. Mooers said Condition H says the applicant shall comply with all applicable rules, laws, rules and regulations and requirements of affected agencies, and the DOH has requirements as far as fugitive noise and dust during times of construction. He said any grading done on the site would have to be watered to prevent dust from traveling off the project site. He stated they would absolutely be opposed to any condition that says that the site could not be graded or bulldozed in any manner, noting grading work is required to provide an access to the back lot. Mr. Baron clarified he had no objections grading being done for the driveway itself. In response to Commissioner FujikawaÓs inquiry, Mr. Mooers said he did not think they would obtain the services of a civil engineer because the amount of grading work is minimal. 4 In reference to Mr. BaronÓs coments, Mr. Mooers said the applicant does have the desire to be able to grade a house pad and to effect a grading plan that will be able to accommodate his proposed residence. He noted that Mr. Baron has 2 ½ acres which he has subdivided using the ohana and the CPR processes. In closing Mr. Mooers referenced Exhibit B of the Background Report and said the land use pattern for this subdivision and the adjoining subdivisions for quite some time has been basically to allow two units on each existing lot, noting at some point virtually every lot will be converted from CPRs to subdivisions. In response to Commissioner SpringerÓs inquiry whether the Department of HealthÓs requirements for abatement of fugitive dust include the strategy Mr. Mooers said that it depended on what mitigation measures the contractor chooses. Mr. Baron asked that a condition be imposed requiring a dust screen as well as watering, noting the contractor will do the cheapest possible mitigation, effective. Mr. Yuen said the Planning Department is not recommending such a condition be imposed. Regarding the State Land Use Boundary Amendment, it was moved by Kubota and seconded by Commissioner Fujikawa to send a favorable recommendation to the County Council based on and incorporating the Planning DirectorÓs recommendation. A roll call vote was taken and motion carried with seven ayes (Kubota, Fujikawa, Mina, Smith, Springer, Togashi and Galdones) and two absent and excused (Giffin and McCall). Regarding the Change of Zone Application, it was moved by Commissioner Kubota and seconded by Commissioner Fujikawa to send a favorable recommendation to the County Council based on and incorporating the Planning DirectorÓs recommendation. A roll call vote was taken and motion carried with seven ayes (Kubota, Fujikawa, Mina, Smith, Springer, Togashi and Galdones) and two absent and excused (Giffin and McCall). SLU BOUNDARYThe Commission took this item up at 12:03 p.m. with one AMENDMENT &person from the public in attendance. PHILIP R. & DIANE C. DELMER ÒULI, SOUTH KOHALA APPLICANTS: PHILIP R. & DIANE C. DELMER (SLU 02-013/REZ 02-026) - Applications for a State Land Use Boundary Amendment from Agricultural to Rural and a Change of Zone by changing the district classification from Agricultural (A-5a) to Residential and Agricultural (RA-2a) for approximately 5.1233 acres of land. The property is located in Anekona Estates Subdivision, at the northeast corner of Anekona 5 Street-Kanehoa Street intersection, and bordering Kawaihae Road, Òuli, South Kohala, HawaiÒi, TMK: 6-2-11:3. Ms. Kawaha oriented the Commission and public of the subject and surrounding properties on the location map and site plan, summarized the requests, and noted the Planning DirectorÓs favorable recommendation on both applications, with conditions on the change of zone application. The applicantsÓ representative, Gregory Mooers, pointed out the possible access points of the subject property on the presentation map. Regarding proposed Condition F, Commissioner Togashi expressed his concern that the applicants would have to make intersection improvements to both intersections, since the lot is a corner lot. Mr. Mooers said he did not think so, noting the fair share improvements would be determined by the Planning Director. Mr. Mooers said there are two access points to the subdivision; and if the State Department of Transportation elected to improve one of the two, everybody in the subdivision would be required to participate. Mr. Mooers stated he did receive a copy of the Planning DepartmentÓs Background Report and Recommendation. Being that the applicantÓs representative stated that access might be off Anekona Street, staff amended Condition E to state, ÐAccess(es) to the subject p Street or Anekona Street shall meet with the requirements of DPW. There was no one wishing to testify on this agenda item. Regarding the State Land Use Boundary Amendment, it was moved by Kubota and seconded by Commissioner Fujikawa to send a favorable recommendation to the County Council based on and incorporating the Planning DirectorÓs recommendation. A roll call vote was taken and motion carried with seven ayes (Kubota, Fujikawa, Mina, Smith, Springer, Togashi and Galdones) and two absent and excused (Giffin and McCall). Regarding the Change of Zone Application, it was moved by Commissioner Kubota and seconded by Commissioner Fujikawa to send a favorable recommendation to the County Council based on and incorporating the Planning DirectorÓs recommendation, with an amendment to Condition E. A roll call vote was taken and motion carried with seven ayes (Kubota, Fujikawa, Mina, Smith, Springer, Togashi and Galdones) and two absent and excused (Giffin and McCall). 6 SLU BOUNDARYThe Commission took this item up at 12:16 p.m. with one AMENDMENT &person from the public in attendance. CHANGE OF ZONE THEODORE T. & SUSAN T. HERHOLD ÒULI, SOUTH KOHALA APPLICANTS: THEODORE T. & SUSAN T. HERHOLD (SLU 02-014/REZ 02-027) - Applications for a State Land Use Boundary Amendment from Agricultural to Rural and a Change of Zone by changing the district classification from Agricultural (A-5a) to Residential and Agricultural (RA-2a) for approximately 6.5215 acres of land. The property is located in Anekona Estates Subdivision, bordered by Kawaihae Road and Kanehoa Street, Òuli, South Kohala, HawaiÒi, TMK: 6-2-11:12. Ms. Kawaha oriented the Commission and public of the subject and surrounding properties on the location map and site plan, summarized the requests and noted the Planning DirectorÓs favorable recommendation on the applications with conditions to the change of zone application. The applicants representative, Gregory Mooers, stated he was in receipt of the Planning DepartmentÓs Background Report and Recommendation and the proposed conditions were acceptable. He pointed out that they were attempting to convert a two-unit CPR to a two-lot subdivision. In response to Commissioner TogashiÓs inquiry, Mr. Mooers said there was at one time discussion about going through the State Land Use Boundary Amend entire subdivision but water was a critical issue. He said the days when CPR was viewed as the subdivision is no longer the case. He said the County has addressed the issues of CPR particularly in the Ag district wherein an applicant could not obtain a building permit if there is no agricultural use being demonstrated on the property. Mr. Mooers said there were the full gamut of people in the subdivision, from those who did not want the RA-2a but wanted the Ag-5a lot, to those who were buying vacant lots to create two subdivided lots to improve the value and clean up the cloud over the property. Commissioner Togashi commented it was amazing what a change in p influence people. Mr. Mooers pointed out that the Association has taken a position to support such requests, noting they have changed their CC&Rs to accommodate basically two units per original lot, which would double their dues. There was no one from the public wishing to testify on this agen On the State Land Use Boundary Amendment application, it was mov Commissioner Kubota and seconded by Commissioner Fujikawa to forward a favorable recommendation to the County Council based on and incorporating the findings of the 7 Planning Director. A roll call vote was taken and motion carried with seven ayes (Kubota, Fujikawa, Mina, Smith, Springer, Togashi and Galdones) and two absent and excused (Giffin and McCall). On the Change of Zone application, it was moved by Commissioner Kubota and seconded by Commissioner Fujikawa to forward a favorable recommendation to the County Council based on and incorporating the findings of the Planning Director. A roll call vote was taken and motion carried with seven ayes (Kubota, Fujikawa, Mina, Smith, Springer, Togashi and Galdones) and two absent and excused (Giffin and McCall). SLU BOUNDARYThe Commission took this item up at 12:39 p.m. with one AMENDMENT &person from the public in attendance. CHANGE OF ZONE PAULA K, KOSTERS ÒULI, SOUTH KOHALA APPLICANT: PAULA K. KOSTERS (SLU 02-015/REZ 02-028) - Applications for a State Land Use Boundary Amendment from Agricultural to Rural and a Change of Zone by changing the district classification from Agricultural (A-5a) to Residential and Agricultural (RA-2a) for approximately 5.0126 acres of land. The property is located in Anekona Estates Subdivision, at the southwest corner of Kanehoa Street-Aho Place intersection, Òuli, South Kohala, HawaiÒi, TMK: 6-2-11:31. Ms. Kawaha oriented the Commission and public of the subject and surrounding properties on the location map and site plan, summarized the requests and noted the Planning DirectorÓs favorable recommendation on the applications with conditions to the change of zone application, with an amendment to Condition F. The applicantÓs representative, Gregory Mooers, stated he was in receipt of the Planning DepartmentÓs Background Report and Recommendation, and had no objections to the proposed amendment. He noted this is a situation where they wanted to change the CPR property into a subdivision. In response to Commissioner FujikawaÓs inquiry, Mr. Yuen said the Planning Department is proposing Condition G which states that at the time improvements at the Route 19/Anekona Street or Route 19/Kanehoa Street intersection are made by the Department of Transportation, the applicant, its successors or assigns shall pay their fair share amount for the required improvements which will be determi Director in consultation with the Department of Transportation. There was no one from the public testifying on the application. On the State Land Use Boundary Amendment application, it was mov Commissioner Kubota and seconded by Commissioner Fujikawa to send a favorable recommendation to the County Council based on and incorporating the findings of the 8 Planning Director. A roll call vote was taken and motion carried with seven ayes (Kubota, Fujikawa, Mina, Smith, Springer, Togashi and Galdones) and two absent and excused (Giffin and McCall). On the Change of Zone application, it was moved by Commissioner Kubota and seconded by Commissioner Fujikawa to send a favorable recommendation to the County Council based on and incorporating the findings of the Planning Director, with Condition F amended to read, ÐAccess(es) to the subject property from Kanehoa Street and/or Aho Place shall meet with the requirements of Chapter 23, Subdivisio vote was taken and motion carried with seven ayes (Kubota, Fujikawa, Mina, Smith, Springer, Togashi and Galdones) and two absent and excused (Giffin and McCall). MINUTESThe Commission took up the following minutes at this time, 12:51 p.m. December 5, 2002 Î It was moved by Commissioner Kubota and secon Commissioner Fujikawa that the minutes be approved as circulated, with the correction that the Department of Public WorkÓs representative being in attendance was Bruce McClure and not Glenn Ahuna. Motion was unanimously carried by a voice vote of all Commissioners in attendance. December 6, 2002 - It was moved by Commissioner Kubota and seconded by Commissioner Fujikawa that the minutes be approved as circulated, with the corrections to Exhibit C,O`fd06+axbg`mfhmfnFHEEHM9osnnJTANS@9onm o`q`fq`og4+`mcn`hcosnnr`hconmsge second line on paragraph 10. Motion was unanimously carried by a voice vote of all Commissioners in attendance. ADMINISTRATIVEThe following were discussed under Administrative MATTERSMatters at 12:53 p.m. Status of Appeals filed on Planning CommissionÓs Decisions - Corporation Counsel Torigoe reported that Steven and Kathleen Geiger have filed an appeal in Third Circuit Court on the Planning CommissionÓs decision on Betty ChinÓs special permit, noting he was awaiting for the Court to set a briefing schedule. Planning Commission Vacancy Î Mr. Yuen noted that Bill P. Thibadeau will be filling the vacancy position of Commissioner Grant Togashi. ADJOURNMENTThere being no further business, the Chair declared the meeting adjourned at 12:57 p.m. A T T E S T:Respectfully submitted, Fred Galdones, ChairmanSharon M. Nomura, Secretary Planning Commission 9