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Home My WebLink About2007-01-19 Planning Commission Minutes PLANNING COMMISSION COUNTY OF HAWAII MINUTES JANUARY 19, 2007 The Planning Commission met in regular session at 9:12 a.m. at the King Kamehameha's Kona Beach Hotel, 75-5660 Palani Road, Kailua-Kona, Hawaii, with Chairman William Graham presiding. PRESENT: C. Kimo Alameda ABSENT & EXCUSED: Fred Galdones Bill Graham Alvin Rho Andrew Iwashita Rene’ Siracusa Jeffrey McCall Rodney Watanabe Ivan Torigoe, Deputy Corporation Counsel Norman Hayashi, Planning Program Manager Jeff Darrow, Staff Planner The Chair introduced the Commissioners and staff to members of the public. SPP 06-000039 The Commission took this item up at 9:14 a.m. with MICHAEL MARTINAGE/approximately 13 people from the public in attendance. GREG NUNN WAIPUNAULA, SOUTH KONA APPLICANT: MICHAEL MARTINAGE/GREG NUNN (SPP 06-000039) Action on the Special Permit to allow the establishment of a 5-room Bed and Breakfast operation within an existing dwelling and a guest house situated on a 5.06-acre lot in the State Land Use Agricultural District. The property is located along the northeast (mauka) side of Napoopoo Road (82-5990 Napoopoo Road), Waipunaula, South Kona, Hawaii, TMK: 8-2-3:28. (SEE EXHIBIT A) GENERAL PLAN The Commission took up the following two items PLANNING DIRECTOR simultaneously at 9:40 a.m. with approximately 10 people & COUNTY COUNCIL from the public in attendance. AMENDMENT PROCEDURES 1 INITIATOR: PLANNING DIRECTOR Continued hearing on a proposed amendment to the General Plan amendment procedures. INITIATOR: COUNTY COUNCIL Review and comment on a draft ordinance regarding the General Plan amendment procedures. Mr. Hayashi noted that the Commission has been discussing the County Council initiated General Plan amendment procedures for the past couple of months; and is on today’s agenda for possible action. He added that if the Commission so chooses they may continue this item for further consideration. Mr. Hayashi mentioned that the Commission has received a copy of an email addressed to the Commission from Dore Dokos-Loewenthal objecting to the Planning Director reducing the timeframe in which the public has to comment on any proposed amendments to the General Plan. Mr. Hayashi also said that the Planning Director is recommending denial of the County Council initiated amendment and requesting a favorable recommendation on his proposed amendment. Chair Graham clarified, and Mr. Hayashi agreed, that the reason why the Commission is recommending denial on the County Council initiated amendment is because there were some legal issues that the Commission was not comfortable with, and that the Planning Director has made some changes in the form of initiating a new amendment. There was no one from the public wishing to testify on this agenda item. It was moved by Commissioner Watanabe and seconded by Commissioner Iwashita to recommend denial of the County Council initiated draft ordinance regarding the General Plan amendment procedures. A roll call vote was taken and motion carried with five ayes (Watanabe, Iwashita, McCall, Alameda and Graham) and three absent and excused (Galdones, Rho and Siracusa). It was then moved by Commissioner Watanabe and seconded by Commissioner McCall that a favorable recommendation be sent to the County Council on the Planning Director’s proposed amendment to the General Plan amendment procedures. Commissioner Iwashita expressed his opposition and stated that shortening timeframes in which changes are to be made to the General Plan and trying to make the interim amendment procedures easier is not the right prospective, since the General Plan is supposed to be a stable long-term planning document setting out what the community wants over ten years or more and the Hawaii Supreme Court scrutinizes from such prospective changes or actions that are in contravention of the General Plan, such as spot zoning. Chair Graham said he feels that, although Commissioner Iwashita’s comments 2 are well taken, if the parties, namely the Planning Department, the Planning Commission and the County Council, have adequate time to do the job properly, there is no need to put more time in the process just to discourage amendments; amendments would be discouraged based on the contents. A roll call vote was taken and motion did not pass with four ayes (Watanabe, McCall, Alameda and Graham), one no (Iwashita) and three absent and excused (Galdones, Rho and Siracusa). Mr. Hayashi stated that the item will be on the agenda for the next nd meeting scheduled for February 2 in Hilo. RECESSED The chair called a short recess at 9:50 a.m. RECONVENED The meeting reconvened at 10:03 a.m. AMEND ZONING CODE The Commission took this item up at 10:03 a.m. with COUNTY COUNCIL approximately 12 people from the public in attendance. UNIVERSITY DISTRICT INITIATOR: COUNTY COUNCIL Continued hearing on a draft ordinance amending Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition, as amended) relating to a new University (UNV) District. (SEE EXHIBIT B) SMA NO. 25 The Commission took this item up at 10:16 a.m. with WAIKOLOAapproximately 10 people from the public in attendance. DEVELOPMENT COMPANY WAIKOLOA SOUTH KOHALA APPLICANT: WAIKOLOA DEVELOPMENT COMPANY (SMA USE PERMIT NO. 25) Request for amendment to Condition No. 12 (completion of the Waikoloa Homesites Venture Golf Course) of Special Management Area (SMA) Use Permit No. 25, which allowed the overall development of the Waikoloa Resort at Waikoloa, South Kohala, Hawaii, TMK: 6-9-7:1-9, 11, 14, 17, 19-21, 26, 30-38; 6-9-8:1-31; 6-9-9:1-14; 6-9-10:1, 34; and 6-9-11:1-26. (SEE EXHIBIT C) RECESSED The chair called a short recess at 11:10 a.m. RECONVENED The meeting reconvened at 11:20 a.m. 3 REZ 06-000055 The Commission took this item up at 11:20 a.m. with PLANNING DIRECTOR approximately 12 people from the public in attendance. PUUANAHULU NORTH KONA INITIATOR: PLANNING DIRECTOR (REZ 06-000055) Change of Zone for approximately 182.962+ acres of land from an Agricultural 1-acre (A-1a) to an Open (O) district as required by Condition C of Change of Zone Ordinance No. 02 106. The area involved includes the Big Island Country Club golf course at Puuanahulu Homesteads, North Kona, Hawaii, TMK: 7-1-5:9 and 7-1-7:44~47 (formerly TMK: 7-1-5:9, 10, 22, 26, 28, 32, 33, 40, 41, 58, 59, 67 and 69). Mr. Hayashi oriented the Commission and public of the subject and surrounding properties on the location map and site plan, and said that the reason for the Planning Director initiating this zone change is because Condition C of Ordinance No. 02 106 stated that the Planning Director shall initiate rezoning of certain lots within the Big Island Country Club and Estates property from Agricultural 1-acre to Open; as such, Big Island Country Club and Estates requested the Planning Director to initiate a change of zone application, and the Planning Director is requesting the reclassification of lands comprising the golf course, as well as the Puuanahulu Community Association owned property, into an Open-zoned district. Mr. Hayashi informed the Commission that the first phase of the Big Island Country Club and Estates subdivision, which consists of 53 lots, has been approved, and identified the areas of Phase II and Phase III on the site plan. He also informed the Commission that the developer has decided to maintain the golf course as an 18-hole golf course, although 27 holes are permitted as referenced in the Background report and in the Ordinance, and the remaining land will be part of the proposed subdivision, and added that there is a community building, a volunteer fire station and a corral area on the Puuanahulu Community Association property. Mr. Hayashi noted that the last sentence of Item No. 1 of the Background report needs to be corrected, as Subdivision No. 90-189 was the Phase I subdivision and received final subdivision approval in July 2006. Mr. Hayashi stated that the affected landowners were notified of this hearing and are aware of the Planning Director’s initiation of this rezoning. He said that the Planning Director is recommending the Commission send a favorable recommendation with no conditions attached to the bill, since this rezoning is a requirement by the previous Ordinance. There was no one from the public wishing to testify on this agenda item. It was moved by Commissioner Watanabe and seconded by Commissioner McCall that a favorable recommendation be forwarded to the County Council based on the Planning Director’s recommendations.A roll call vote was taken and motion carried with five 4 ayes (Watanabe, McCall, Alameda, Iwashita and Graham) and three absent and excused (Galdones, Rho and Siracusa). SPP 05-000015 The Commission took this item up at 11:30 a.m. with DANIEL IBBETSON one person from the public in attendance. TH KAOHE 5 SOUTH KONA Discussion and review of the Third CircuitCourt’s Order Reversing Decision of the Planning Commission and Remanding Case to Agency for Further Proceedings dated December 22, 2006, in Civil No. 06-01-037K, and further proceedings and consideration consistent with that Order, on the application of Daniel Ibbetson for a Special Permit (SPP 05-000015) to operate a 2-unit bed and breakfast establishment on 0.722 acre of land situated within the State Land Use Agricultural District. The property is located along the west (makai) side of Mamalahoa Highway (Highway 11), approximately 120 th feet south of the Kaohe Road-Mamalahoa Highway intersection, Kaohe 5, South Kona, Hawaii, TMK: 8-7-9:14. (SEE EXHIBIT D) EXECUTIVE The Commission went into executive session at 11:45 a.m. SESSION by a motion made by Commissioner Watanabe, seconded by Commissioner Alameda, and carried with five ayes (Alameda, Graham, Iwashita, McCall and Watanabe) and three absent and excused (Galdones, Rho and Siracusa). The executive session was to discuss with its counsel its actions in response to the Third Circuit court’s Order Reversing Decision of the Planning Commission and Remanding Case to Agency for Further Proceedings on the application of Daniel Ibbetson for a Special Permit (SPP 05-000015). The Commission came out of executive session at 12:03 p.m. by a motion made by Commissioner Iwashita, seconded by Commissioner Alameda, and unanimously carried by a voice vote of all Commissioners in attendance. MINUTES The Commission took this item up at 12:03 p.m. with no one from the public in attendance. December 6 and 7, 2006 – It was moved by Commissioner Alameda and seconded by Commissioner McCall that the minutes be approved as circulated. Motion was unanimously carried by a voice vote of all Commissioners in attendance. ADMINISTRATIVE The Commission took this item up at 12:04 p.m. with MATTERS no one from the public in attendance. Status of appeals filed on Planning Commission decisions - Corporation Counsel – Mr. Torigoe had nothing to report. ANNOUNCMENT There was no announcement. 5 ADJOURNMENT There being no further business, the Chair declared the meeting adjourned at 12:04 p.m. Respectfully submitted, Noriko Sauer West Hawaii Secretary A T T E S T: William R. Graham, Chairman Planning Commission 6