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HomeMy WebLinkAbout2006-12-06 Planning Commission Minutes PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES DECEMBER 6, 2006 The Planning Commission met in regular session at 9:20 a.m. in the Hapuna Beach Prince Hotel, Kamani Room, 62-100 Kaunaoa Drive, Kohala Coast, Hawaii, with Chairman C. Kimo Alameda presiding. PRESENT: C. Kimo Alameda ABSENT & EXCUSED: Fred Galdones Bill Graham Allen Salavea Andrew Iwashita Jeffrey McCall Alvin Rho Rene’ Siracusa Rodney Watanabe Ivan Torigoe, Deputy Corporation Counsel Christopher Yuen, Planning Director Norman Hayashi, Planning Program Manager Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner Jhq`mDlkdq+Qdoqdrdms`shudneCdo`qsldmsneOtakhbVnqjr The Chair introduced the Commissioners and staff to members of the public. SPP 1115 The Commission took this item up at 9:20 a.m. with BURT KAMIGAKI approximately 7 people from the public in attendance. HAWAIIAN OCEAN VIEW ESTATES SUBDIVISION, KA’U APPLICANT: BURT KAMIGAKI (SPP 1115) Request to amend Condition No. 6 (increase size of market from 15,600 square feet to 18,900 square feet) of Special Permit No. 1115, which allowed a full-sized market and a commercial retail and office building on 1.88 acres of land within the State Land Use Agricultural District. The property is located at the northeastern corner of State Highway 11 and Lotus Blossom Lane, Hawaiian Ocean View Estates Subdivision, Ka’u, Hawaii, TMK: 9-2-93:47. Mr. Hayashi gave some background information. He said that the Ocean View Community Association submitted a letter in support of the request, and that the Planning Director recommended approval of the request with conditions. He stated that a typographical error in proposed Condition 6, as well as the Background Report, shall be corrected to read, “18,900 square feet”. 1 In response to Commissioner Siracusa’s inquiry, Mr. Hayashi confirmed that the expansion is all within the building and will not change the exterior footprint. The applicant, Burt Kamigaki, and his representative, Sidney Fuke, were in attendance. Mr. Fuke stated that the staff’s presentation was comprehensive, and that they also realized there was the typographical error. He apologized to the Commission that the mezzanine was not included in the original application even though that was the intent. He further informed the Commission that the Building Permit was issued for the plan excluding the mezzanine portion, so pending the Commission’s favorable action, the applicant will go back to the Building Division and get the mezzanine portion approved. There was no one from the public wishing to testify on this agenda item. It was moved by Commissioner Siracusa and seconded by Commissioner Watanabe that the request be approved based on the Planning Director’s recommendation and the proposed conditions including the correction of the typographical error in Condition 6, from 19,900 square feet to 18,900 square feet. A roll call vote was taken and motion carried with seven ayes (Siracusa, Watanabe, Graham, Iwashita, McCall, Rho and Alameda) and two absent and excused (Galdones and Salavea). SPP 06-000039 The Commission took this item up at 9:30 a.m. with MICHAEL MARTINAGE/approximately 4 people from the public in attendance. GREG NUNN WAIPUNAULA, SOUTH KONA APPLICANT: MICHAEL MARTINAGE/GREG NUNN (SPP 06-000039) 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) RECESSED The Chair called a lunch recess at 11:51 a.m. RECONVENED The meeting reconvened at 1:30 p.m. REZ 06-000050 The Commission took this item up at 1:30 p.m. with SCOTT OLIN approximately 5 people from the public in attendance. KALOKO, NORTH KONA 2 APPLICANT: SCOTT OLIN (REZ 06-000050) Change of Zone from an Agricultural 20-acre (A-20a) to an Agricultural 10-acre (A-10a) district for 20.913 acres of land. The property is located at the northwestern end of Haleamau Street within the Kaloko Mauka Subdivision, Kaloko, North Kona, Hawaii, TMK: 7-3-26:17. Mr. Hayashi oriented the Commission and public of the subject and surrounding properties on the location map and site plan, summarized the request, and noted the Planning Director recommended approval of the application with conditions. In response to Commissioner Siracusa’s query, Mr. Hayashi confirmed that the proposed conditions are the same as those of recently approved rezoning applications in the Kaloko Mauka Subdivision. The applicant’s representative, Gregory Mooers, was in attendance. Based on the comment letter from the Kona Traffice Safety Committee concerning the Kaloko Drive-Highway 190 intersection, Commissioner Siracusa asked Mr. Mooers for the applicant’s take on an additional condition that would not allow issuance of Building Permits for second dwellings until improvement of the intersection is done. Mr. Mooers stated that he is a little reluctant to accept a condition that the applicant has no control over, and inquired of the Planning Director about the status of the intersection improvement project. Director Yuen stated that the funds are there, and that the Department of Public Works received a basic approval from the State of doing the project as long as it is done as a County project. Commissioner Watanabe pointed out that the project should be able to go forward since the comment letter from the State Department of Transportation does not include a traffic light in the required improvements, in which case the $400,000 funds would not be sufficient. Director Yuen stated that the assignment was to engineer a job that would improve the safety of intersection within the funds available, and that the job primarily consists of shaving the banks back to improve the sight distance. In response to Commissioner Graham’s question regarding the delay in the project, Director Yuen offered his understanding that the Department of Public Works hasn’t been able to fill engineer’s vacant positions for quite some time, and mostly the recent earthquake has held them up in the last couple months. In response to Commissioner Rho’s question, Director Yuen confirmed that a traffic light is not included in the plan, and explained that there aren’t enough funds to do a signal, and to his knowledge the study that is required to warrant a signal hasn’t been done at the intersection. Commissioner Rho expressed his concern regarding the heavy traffic and unsafe condition of the intersection, and stated that it should be looked into to signalize the intersection. 3 Commissioner McCall commented that it has been at least five years since the collection of fair share contribution started and the people who contributed to the funds haven’t seen anything out of it, so if there is any way the County Council can expedite the project. In response to Commissioner Watanabe’s query, Mr. Hayashi confirmed that a portion of Condition E, the entire Condition F and a portion of Condition G were inadvertently omitted from the proposed Conditions of Approval, and that they are the standard conditions for this subdivision. 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 to send a favorable recommendation to the County Council, inclusive of all standard conditions for this general area. A roll call vote was taken and motion carried with six ayes (Watanabe, McCall, Siracusa, Graham, Iwashita and Alameda), one no (Rho) and two absent and excused (Galdones and Salavea). SMA 06-000015 The Commission took this item up at 1:50 p.m. with HOLUALOA approximately 5 people from the public in attendance LIKANA, LLC KILUA-KONA, NORTH KONA APPLICANT: HOLUALOA LIKANA, LLC (SMA 06-000015) Special Management Area Use Permit to allow the construction of a 128-stall commercial parking lot and associated landscaping on a 1.23-acre lot. The property is located on the southwest side of Kuakini Highway, adjacent to and north of the County’s Hanama Place complex, Kailua-Kona, North Kona, Hawaii, TMK: 7-5-6:1. Mr. Darrow oriented the Commission and public of the subject and surrounding properties on the location map and site plan, and summarized the request. He noted that there is another proposed condition to be added as No. 7, which has been presented to the Commission, which states, “If required by the Department of Public Works, the applicant shall submit a flood study prepared by a licensed professional civil engineer and submit to the Federal Emergency Management Agency (FEMA) for a Letter of Map Change (LOMC)”. He also noted that the Planning Director recommended approval of the application with conditions. In response to Commissioner Watanabe’s query, Director Yuen, Mr. Darrow and Mr. Emler clarified that Flood Zone A indicated on the site map in this case means a generic term for all the A zones, such as AE, AO, AA, etc. Mr. Darrow stated that the current Condition 7 will be changed to reflect the specific zone that is AE. In response to Mr. Emler’s concern about the location of the proposed gate, Mr. Darrow stated that the site plan submitted by the applicant indicates the gate is located outside of 4 the 40-foot line from the Kuakini Highway right of way. Mr. Emler was satisfied with the location. In response to Commissioner Watanabe’s query, Director Yuen said that he did not have a problem eliminating the current Condition 7 since this is a parking lot and no structures are included. Commissioner Siracusa expressed her concern, based on the comment letter from the Department of Public Works, about possibly approving this application without making sure there will be no flooding problems. Commissioner Watanabe pointed out that the matter is sufficiently addressed in Condition 6. The applicant’s representatives, John Parazette and Gregory Mooers, were in attendance. Mr. Mooers stated that the project has been engineered, that a drainage study has been done and that drywells are shown on the site plan. In response to Commissioner Iwashita’s inquiry, Mr. Mooers confirmed that the proposed power house is outside of the AE Flood Zone. There was no one from the public wishing to testify on his agenda item. It was moved by Commissioner Watanabe and seconded by Commissioner McCall to approve the request based on the Planning Director’s recommendations and replacing the current Condition 7 with the new Condition 7 with regard to a Letter of Map Change. A roll call vote was taken and motion carried with seven ayes (Watanabe, McCall, Graham, Iwashita, Rho, Siracusa and Alameda) and two absent and excused (Galdones and Salavea). SMA 05-005 The Commission took this item up at 2:21 p.m. with SUNSTONE KONA, approximately 2 people from the public in attendance. LLC ND KAHULUI 2, NORTH KONA APPLICANTS: SUNSTONE KONA, LLC (SMA 05-005) Discussion and action on the Hearings Officer’s report on Special Management Area (SMA) Use Permit to allow the development of 289 multiple-family residential units and related improvements, including associated commercial space. The property is bordered by Alii Drive and Kuakini Highway, approximately 1,040 feet south of the Lunapule nd Road-Alii Drive intersection, Kahului 2, North Kona, Hawaii, TMK: 7-5-19:1. (SEE EXHIBIT B) RECESSED The Chair called a short recess at 4:15 p.m. RECONVENED The meeting reconvened at 4:25 p.m. 5 AMEND CHAPTERS 23, The Commission took this item up at 4:25 p.m. with 25 AND 27 approximately 3 people from the public in attendance. PLANNING DIRECTOR HAWAII COUNTY CODE INITIATOR: PLANNING DIRECTOR Amendments to Chapters 23 (Subdivision), 25 (Zoning) and 27 (Flood Control), Hawaii County Code 1983 (2005 Edition, as amended) to reduce potential water pollution, in compliance with “New Development Management Measures” required by Section 6217 of the Coastal Zone Act Reauthorization Amendments. Director Yuen briefed the Commission and public on the proposed amendments, stating that the flood control requirement has been the general practice in the County, and that the ultimate purpose of these amendments are to handle erosion from storm water runoff to make sure that it doesn’t pollute natural bodies of water. He also stated that he didn’t ask the Commission to take action at the last meeting in Hilo to afford people in West Hawaii to be heard on the matter since this is an island-wide issue; and he is asking for the Commission’s favorable recommendation to the County Council this time. Commissioner Graham asked whether these amendments would bring the requirement to more conformance with the other counties in Hawai`i or there is anything different in particular. Director Yuen said that it is different than City & County of Honolulu, as they have a storm drainage system for most of the areas rather than drywells, and that they did run this by EPA and got clearance from them. David Hardy-Sullivan from Kailua-Kona testified in support of the proposed amendments. He asked whether the proposed amendments will apply to applications that are currently before the Commission or only to future applications after they are passed. In response to Commissioner Siracusa’s request to answer Mr. Hardy-Sullivan’s question, Director Yuen clarified that any new subdivision or any project requiring Plan Approval will have to comply with the requirements, if the amendments are passed by the County Council. He further explained that it is the current practice in the County to have the same requirements, but EPA has difficulties because those requirements are not stated anywhere in the County Codes or Rules. Mr. Emler stated that he doesn’t recall reading anything that requires property owners to maintain the drainage systems. Director Yuen responded that it is more of a general provision of law that drainage is maintained on private properties by the owner. It was then moved by Commissioner Siracusa and seconded by Commissioner Iwashita to send a favorable recommendation to the County Council. A roll call vote was taken and motion carried with seven ayes (Watanabe, McCall, Graham, Iwashita, Rho, Siracusa and Alameda) and two absent and excused (Galdones and Salavea). 6 AMEND CHAPTER 25 The Commission took this item up at 4:31 p.m. with PLANNING DIRECTOR approximately 3 people from the public in attendance. HAWAII COUNTY CODE INITIATOR: PLANNING DIRECTOR Amendment to Chapter 25 (Zoning), Hawaii County Code 1983 (2005 Edition, as amended) to consider noise impacts in reviewing plan approval applications. Director Yuen briefed the Commission and public on the proposed amendment, stating that the amendment is to allow the Planning Department to require mitigation of noise at the time of Plan Approval review. David Hardy-Sullivan from Kailua-Kona testified in support of the proposed amendments. He asked whether or not the amendment is relevant to applications previously filed with, but not yet approved by, the Commission. In response to Commissioner Siracusa’s request to answer Mr. Hardy-Sullivan’s question, Director Yuen said that it would apply to any Plan Approval applications submitted to the Planning Department after the County Council passed this amendment. It was then moved by Commissioner Siracusa and seconded by Commissioner Iwashita to send a favorable recommendation to the County Council. A roll call vote was taken and motion carried with seven ayes (Watanabe, McCall, Graham, Iwashita, Rho, Siracusa and Alameda) and two absent and excused (Galdones and Salavea). RECESSED The Chair called a recess at 4:45 p.m. until 8:30 a.m., December 7, 2006. Respectfully submitted, Noriko Sauer, West Hawai`i Secretary A T T E S T: C. Kimo Alameda, Chairman Planning Commission 7