HomeMy WebLinkAbout2010-08-27 Leeward Planning Commission Minutes
LEEWARD PLANNING COMMISSION
COUNTY OF HAWAI‘I
MINUTES
AUGUST 27, 2010
The Leeward Planning Commission met at 8:43 a.m. at the King Kamehameha’s Kona Beach
Hotel for a site visitation scheduled for 9:00 a.m. on Meridith Kailua-Kona, LLC’s property
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(Applicant: William C. Foulk) in Hlualoa 3, North Kona, Hawai‘i, with Chairman Frederic
Housel presiding.
COMMISSIONERS PRESENT: Frederic Housel, Brandi Beaudet, Lani Bowman, Geraldine
Giffin, Thomas Hickcox, Richard Nelson, and Wayne Iokepa (joined at the site at 9:00 a.m.)
STAFF PRESENT: Brandon Gonzalez (Deputy Corporation Counsel), Margaret Masunaga
(Deputy Planning Director), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff
Planner) and Maija Cottle (Staff Planner)
Hm sgd o`qjhmf kns ne sgd Jhmf J`ldg`ldg`lr Kona Beach Hotel, Mr. Gonzalez briefed the
Commissioners about the site visitation procedure, emphasizing that the reason for carpool was
because parking was very limited at the site, and that the Commissioners were not to discuss
any board business during the drive.
The Commissioners arrived at the site a few minutes before 9:00 a.m. and were met by the
parties to this contested case and approximately 15 people from the public.
PARTIES PRESENT: William Foulk (Applicant), Thomas Yeh (Applicant’s attorney), Peter
Olson representing Martin H. Crumrine Family Trust (Intervenor), Ali Ghalamfarsa (Intervenor),
BJ Leithead Todd (Planning Director) and Amy Self (Counsel to the Planning Director).
SITE VISITATION
Property owned by Meridith Kailua-Kona, LLC, related to Special Management Area Use
Permit application (SMA-10-41/ Applicant: William C. Foulk) to allow the construction of a
16-unit, 4-story condominium building and related improvements. The property is located on
sgd mnqsgvdrs 'l`j`h( rhcd ne @khkh Cqhud `mc nm sgd mnqsg rhcd lualoa Bay, Hlualoa 3 rd,
Mnqsg Jnm`+ G`v`hkh+ TMK: 7-7-4:25.
At 9:00 a.m. in the driveway area of the subject property, Ms. Cottle distributed copies of a
site map to the Commissioners and the parties. The Chair called the site visitation meeting to
order, and introduced the Commissioners and staff. He went over the procedure to be
followed, which included that only the Commissioners were allowed to ask questions, if
necessary, that only matters that were recorded ax sgd rs`eelr g`mc,gdkc qdbnqcdq `mc mnsdr
would be made part of the official minutes, and that no public testimony would be taken during
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the site visitation. Those in attendance joined hands in circle and bowed their heads in prayer
led by Commissioner Nelson.
Ms. Cottle then led the attendees along the northern perimeter t
oqnodqsx- Hm qdronmrd sn sgd Bg`hqlr hmpthqx+ the applicant indicated the certified shoreline,
pointing to the makai rock walls and blue flags on vegetation.
site map the location of the shoreline in relation to the makai property line. Mr. Olson made
an objection as to the location of the property line as described by Mr. Yeh, saying that the
information was based on the old map and was not an accurate depiction of the current
property line. The Chair allowed the objection. Mr. Ghalamfarsa objected to the location of
the shoreline, noting that the shoreline followed along the exisng rock wall only to the eastern
corner of the lanai and then followed the vegetation rather than the rock wall.
The group proceeded to the north edge of the existing pool and then reversed their track due to
the unsafe ground condition. Commissioner Bowman asked if there were any features along
the shoreline that the Commission should be aware of. Ms. Cottle responded that there were
some archaeological features including a konane an`qc+ `mc Lq- Nkrnm v`kjdc sn sgd v`sdqlr
edge to indicate the location of the konane an`qc- Hm qdronmrd sn Bnllhrrhnmdq Fheehmlr
question, Mr. Olson said that it was located on the State property, adding that it was indicative
of many people having gathered in the area. @s Bnllhrrhnmdq Fheehmlr qdptdrs+ sgd `ookhb`ms
v`kjdc sn sgd knb`shnmr ne svn b`udr i nmd snward the ocean and the other by the northwest
corner of the rock wall. Mr. Olson pointed out that there were also some known lava blisters
in the area, adding that it was not known what else was on property.
Once back in the driveway area in front, Ms. Cottle led the attendees along the southeast wall
of the existing main dwelling back to the pool area. The Chair inquired of the location of
property line to the south. Because there was some confusion between the shoreline and the
property line and about the pins the applicant pointed to, Mr. G
adjacent property to the south, suggested that they enter his property from mauka, which
would provide a different perspective of the property line. On their way back mauka in the
area between the southeast wall and Mr. Ghal`le`qr`lr oqnodqsx+ Lq- Nkrnm l`cd `m
observation that there were holes in the ground, saying he could not tell whether it was a
punctured lava tube that had been backfilled or something else. The group then entered Mr.
Fg`k`le`qr`lr oqnodqsx sgqntfg `m opening of vegetation along the southeast perimeter, and
walked makai to see the boundary area between the two properties. Back on the subject
property, Mr. Olson pointed to an area that appeared to be a cave or a lava blister between the
existing dwelling and the eastern rock wall.
Sgd fqnto oqnbddcdc sn @khkh Cqhud sgqntfg Lq- Fg`k`le`qr`lr oqnodqsx sn v`kj `knmf sgd
mauka perimeter of the subject property. Ms. Cottle noted that the applicant was proposing to
qdlnud sgd qnbj v`kk `knmf @khkh Cqhud- Lq- Yeh suggested that the Commission take note of
sgd dwhrshmf uhdvok`mdr eqnl @khkh Cqhud+ qdhsdq`shmf Lr- Bnsskdlr bnlldms sg`s sgd qnbj v`kk
would be taken down. Mr. Yeh also pointed to a lava ridge on the mauka side of the road,
which he said appeared to be cut as a resuks ne sgd @khkh Cqhud hloqnudldmsr ats sgd qhcfd
continued onto the subject property, and asked the Commission to take note of that location as
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well. Mr. Olson asked the Commissioners to also imagine the proposed condominium building
without the rock wall, which would be higher than the existing trees in a longer distance. With
respect to the ridge Mr. Yeh had mentioned, Mr. Olson opined that they were separate hills,
based on the appearance of elevation. The aookhb`ms b`kkdc sgd Bnllhrrhnmlr `ssdmshnm sn sgd
location of the proposed Lako Street extension alignment.
The attendees congregated back in the driveway. Mr. Ghalamfarsa asked the Commission to
pay attention to the elevation of the front area in qdk`shnm sn @khkh Cqhud+ and further explained
why he believed the proposed building would not comply with the height limit. Mr. Yeh
expressed his objection to the statement as being an argument. The Chair announced that the
hearing of this case was scheduled for 10:30 `-l- `s sgd Jhmf J`ldg`ldg`lr Jnm` Ad`bg
Hotel.
The site visitation concluded at 10:00 a.m.
The Commission met at 10:30 a.m. in the King Kamehameha's Kona Beach Hotel, Ballroom I,
75-5660 Palani Road, Kailua-Kona, Hawai‘i, with Chairman Frederic Housel presiding.
COMMISSIONERS PRESENT: Frederic Housel, Brandi Beaudet, Lani Bowman, Geraldine
Giffin, Thomas Hickcox, Wayne Iokepa and Richard Nelson
STAFF PRESENT: Brandon Gonzalez (Deputy Corporation Counsel), BJ Leithead Todd
(Planning Director), Margaret Masunaga (Deputy Planning Director), Daryn Arai (Planning
Program Manager), Jeff Darrow (Staff Planner) and Maija Cottle (
The Chair introduced the Commissioners and staff to members of the public, and described the
procedure for public testimony.
The Commission took up the following item at 10:33 a.m. with approximately 60 people from
the public in attendance:
APPLICANT: KONA COUNTRY CLUB, INC. (REZ 10-126/ SMA 10-42)
Project District application from a Multiple-Family Residential 30,000 square feet (RM-30)
district to Project District (PD) for 51.1 acres of land, and a Special Management Area Use
Permit to allow the development of a maximum of 60 residential units with a restaurant, fitness
and wellness center and related amenities. The area involved is located mauka of the
Mmalahoa Highway Bypass, between the Highway and the Kona Country Club mauka golf
course, Keauhou Resort, Keauhou, North Kona, Hawai‘i, TMK: 7-8-10: 101
The Chair stated that the Commission had received a written request for postponement from the
applicant’s representative.
There was no one from the public wishing to testify in regard to this application.
The request was granted by a voice vote of all Commissioners.
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The Commission took up the following item at 10:34 a.m. with approximately 60 people from
the public in attendance:
INITIATOR: PLANNING DIRECTOR
Revocation of Ordinance No. 09 159 (Kona Country Club, Inc.-REZ 09-98), which rezoned
51.1-acres of land from an Agricultural-5 acres (A-5a) to a Multiple-Family Residential 30,000
square feet (RM-30) zoned district. The area involved is located mauka of the Mmalahoa
Highway Bypass, between the Highway and the Kona Country Club mauka golf course,
Keauhou Resort, Keauhou, North Kona, Hawai‘i, TMK: 7-8-10: 101
The Chair stated that this item was associated with Agenda Item No. 1 and therefore postponed
as well. There was no one from the public wishing to testify in regard to this application.
The Commission took up the following item at 10:34 a.m. with approximately 60 people from
the public in attendance:
INITIATOR: PLANNING DIRECTOR
Amendment to Chapter 25 (Zoning Code), Hawai‘i County Code 1983 (2005 Edition, as
amended) relating to Filing Fee for a Use Permit Application.
(SEE EXHIBIT A)
The Commission took up the following item at 10:37 a.m. with approximately 80 people from
the public in attendance:
INITIATOR: PLANNING DIRECTOR
Amendment to Chapter 25 (Zoning Code), Hawai‘i County Code 1983 (2005 Edition, as
amended) relating to Processing Time for a Use Permit Application.
(SEE EXHIBIT B)
The Commission took up the following item at 10:40 a.m. with approximately 120 people from
the public in attendance:
APPLICANT: WILLIAM C. FOULK (SMA 10-41)
Contested Case Hearing on the application for a Special Management Area Use Permit to allow
the construction of a 16-unit, 4-story condominium building and related improvements. The
property is located on the northwest (makai) side of Ali‘i Drive and on the north side of
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Hlualoa Bay, Hlualoa 3, North Kona, Hawai‘i, TMK: 7-7-4:25.
(SEE EXHIBIT C)
MINUTES – The Commission took up the following approval of minutes at 1:43 p.m.:
July 23, 2010 – It was moved by Commissioner Beaudet and seconded by Commissioner Iokepa
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that the minutes be approved as submitted. Motion was unanimously carried by a voice vote of
all Commissioners in attendance.
ADMINISTRATIVE MATTERS – The Commission took up the following administrative
matters at 1:45 p.m.:
Mr. Gonzalez reminded the Commissioners to file their financial disclosures with the Board of
Ethics.
Mr. Gonzalez also requested the Commissioners to submit their comments and recommendations
to Mr. Arai in response to a letter dated August 5, 2010, from the Cost of Government
Commission, regarding its effort to promote economy, efficiency and improved service in the
transaction of the public business in the legislative and executive branches of the County. Mr.
Arai added that he would like to receive their comments by email in the next two weeks, so that
he can compile them and send in by the due date of October 1, 2010. Mr. Gonzalez pointed out
that it was an opportunity for them to make not only critical comments but also positive
comments, which can be used by the Planning Director to justify her operating budget to support
the Planning Commission.
ANNOUNCEMENTS – There were no announcements.
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ADJOURNMENTThere being no further business the Chair declared the meeting adjourned at
1:47 p.m.
Respectfully submitted,
Noriko Sauer, Secretary
A T T E S T:
Frederic Housel, Chairman
Leeward Planning Commission
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