HomeMy WebLinkAbout2010-07-23 Leeward Planning Commission Minutes
LEEWARD PLANNING COMMISSION
COUNTY OF HAWAI‘I
MINUTES
JULY 23, 2010
The Leeward Planning Commission met in regular session at 9:35 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), Maija Cottle (Staff Planner) and Kiran Emler
(Department of Public Works)
The Chair introduced the Commissioners and staff to members of the public, and welcomed
Commissioner Hickcox aboard.
The Chair entertained a motion to add an item under Administrative Matters of the agenda as
indicated in the public notice. The motion was made and seconded by Commissioners Iokepa
and Nelson, respectively, and unanimously carried by a voice vote of all Commissioners in
attendance.
The Commission took up the following item at 9:37 a.m. with approximately 16 people from the
public in attendance:
APPLICANT: DANIEL BAL dba WAIMEA COUNTRY WRENCH (SPP 10-101)
Special Permit to operate an auto repair business within an existing building situated on
approximately 2 acres of land within the State Land Use Agricultural District. The property is
located off the south side of Highway 19 (Mamalahoa Highway) with access between HPM
Building Supply and NAPA Auto Parts, Puukapu Homesteads, First Series, South Kohala,
Hawai‘i, TMK: 6-4-6: portion of 1.
Mr. Darrow stated that the applicant had submitted a letter dated July 14, 2010, requesting to
withdraw his application.
There was no one from the public wishing to testify in regard to this application.
A motion to accept the withdrawal was made by Commissioner Bowman, seconded by
Commissioner Iokepa, and unanimously carried by a voice vote of all Commissioners in
attendance.
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RECESSEDThe Chair called a short recess at 9:38 a.m.
RECONVENEDThe meeting reconvened at 9:45 a.m.
The Commission took up the following item at 9:45 a.m. with approximately 25 people from the
public in attendance:
APPLICANT:MEN REAL ESTATE INVESTMENT, INC. (REZ 10-124)
Change of Zone from a Single-Family Residential–15,000 square feet (RS-15) to a
Neighborhood Commercial–20,000 square feet (CN-20) district for 3.67 acres of land. The
property is located adjacent to and south of the Kona Community Hospital, Haleki‘i, South
Kona, Hawai‘i, TMK: 8-1-25:11.
(SEE EXHIBIT A)
RECESSED The Chair called a recess at 11:25 a.m.
RECONVENEDThe meeting reconvened at 11:39 a.m.
The Chair stated that the order of the remaining agenda items was switched with the applicants’
consent.
The Commission took up the following item at 11:39 a.m. with approximately twelve people
from the public in attendance:
APPLICANT: ALI‘I DEVELOPMENT, LLC (SLU 10-26/REZ 10-122/SMA 10-40)
a. State Land Use boundary amendment from the Agricultural to the Urban district for
10.97 acres.
b. Change of Zone from Agricultural 5-acre (A-5a) to Multiple-Family Residential 2,000
square feet per unit (RM-2) and Double-Family Residential-3,750 square feet per unit
(RD-3.75) zoned districts affecting a total of 10.97 acres.
c. Special Management Area Use Permit to allow for a 14 multi-family residential units, 50
duplex & single family residential units and related recreational improvements.
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The area involved is located adjacent to the south of Alii Heights Subdivision, along the east
nd
‘‘‘
(mauka) side of the proposed Alii Highway alignment, Kapalaalaea 2, North Kona, Hawaii,
TMK: 7-7-08:99.
Ms. Cottle stated that these applications had been withdrawn by the applicant.
There was no one from the public wishing to testify in regard to this application.
A motion to accept the withdrawal was made by Commissioner Beaudet, seconded by
Commissioner Bowman, and unanimously carried by a voice vote of all Commissioners in
attendance.
The Commission took up the following item at 11:40 a.m. with approximately twelve people
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from the public in attendance:
DISCUSSION AND ACTION
on a request dated July 9, 2010 from John L. Olson, Esq.,
representing Intervenor Martin H. Crumrine Family Trust, to reschedule the Contested Case
Hearing from August 27, 2010 to September 30, 2010 on the matter relating to Special
Management Area Use Permit Application No. 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 the northwest (makai) side of Ali‘i Drive and on the north side of Hlualoa Bay,
rd
Hlualoa 3, North Kona, Hawai‘i, TMK: 7-7-4:25.
Ms. Cottle stated that the intervenor’s attorney, John Olson, Esq., had submitted a letter dated
July 21, 2010, requesting to withdraw his previous request to continue the contested case hearing
to September. She also mentioned a letter dated July 21, 2010, from the applicant’s attorney,
Thomas Yeh, Esq., and a response letter of July 22, 2010, from Mr. Olson’s office, both of which
had been distributed to the Commissioners.
There was no one from the public wishing to testify regarding this item. Mr. Olson was present,
and indicated that he had no comments.
A motion to accept the withdrawal of request for continuance was made by Commissioner
Bowman, seconded by Commissioner Iokepa, and unanimously carried by a voice vote of all
Commissioners in attendance.
The Commission took up the following item at 11:42 a.m. with approximately ten people from
the public in attendance:
APPLICANT: DOUTER COFFEE CO. HAWAI‘I, INC. (SPP 10-102)
Special Permit to allow the use of an existing three-bedroom dwelling and its immediate
surrounding grounds for special events such as weddings, seminars and corporate retreats.
Overnight accommodations associated with the special events are also proposed to occur within
the existing dwelling. The proposed use would occur on approximately 2 acres of land situated
within the State Land Use Agricultural District. The property is located on the east (mauka) side
of Mmalahoa Highway between the Palani Road junction and Hlualoa, just south of Huallai
stst
Memorial Park, Hienaloli 1 – Puaa 1, North Kona, Hawai‘i, TMK: 7-5-13: portion of 07.
(SEE EXHIBIT B)
The Commission took up the following item at 12:22 p.m. with four people from the public in
attendance:
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APPLICANTS: KIM and CAROL MAIER (SSV 10-005)
Shoreline Setback Variance to allow the construction of a salt-water swimming pool, concrete
deck and 4-foot high pool security fence within the 20-foot shoreline setback area. The 7,052-
square foot property is situated along the south (makai) side of the Kona Bay Estates private
subdivision road, Kona Bay Estates Subdivision, Kailua-Kona, Hawai‘i, TMK: 7-5-05:92.
Ms. Cottle oriented the Commission and public of the subject and surrounding properties on the
location map, site plan and photographs, and summarized the request. She noted that the
Planning Department recommended approval of the application, with conditions.
The applicant’s representative, Gregory Mooers, was in attendance, and stated that he was in
agreement with the Department’s recommendation including the conditions of approval.
In response to Commissioner Nelson’s question, Mr. Mooers said that the salt water that was to
be used for the pool was a mixture of potable water and salt; the water would not be pumped
from or discharged into the ocean.
Mr. Mooers noted that 19 out of 26 lots that were developed in the subject subdivision had pools
immediately mauka of the seawall used as a public access, much like what the applicant was
proposing. He said that if the pool had been constructed before the shoreline was re-certified,
the variance would not have been needed since the previous certified shoreline had been
considerably makai of the current location. He also pointed out that the adjoining property had
received a Shoreline Setback Variance for the construction of their pool.
In response to Commissioner Bowman’s questions, Mr. Mooers said that storm surf would affect
the property as it would all the neighboring properties, that draining of the pool water would
occur very infrequently, and at such times the water would be drained into a lava sump or could
be used to irrigate the plants, and that conformance with all regulations, including those of the
Department of Health, would be addressed in the permitting process for a building permit.
The Chair inquired about the public access seawall, to which Mr. Mooers responded that it was a
passable rock wall approved as a public access, which was part of the Special Management Area
Use Permit conditions for the subdivision. Mr. Mooers also said, addressing the Chair’s
concern, that the pool equipment would be out of the public view as it would be in a vault below
grade on the south side of the property.
With respect to the proposed pool security fence, Mr. Mooers said that it would probably be a
wrought iron type of fence, rather than a chain-link fence or a solid fence, to allow for more
decorative look and ocean view.
There was no one from the public wishing to testify in regard to this application.
It was moved by Commissioner Beaudet and seconded by Commissioner Iokepa that the
application be approved along with the conditions as stated by the Department. A roll call vote
was taken and motion carried with seven ayes (Beaudet, Iokepa, Bowman, Giffin, Hickcox,
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Nelson and Housel).
MINUTES – The Commission took up the following approval of minutes at 12:35 p.m.:
June 18, 2010 – It was moved by Commissioner Iokepa and seconded by Commissioner Nelson
that the minutes be approved as submitted. Motion was unanimously carried by a voice vote of
all Commissioners in attendance.
ADMINISTRATIVE MATTERS – Mr. Gonzalez reminded the Commissioners to file their
financial disclosures for the year ending December 31, 2009, if they had not done so.
ANNOUNCEMENTS – There were no announcements.
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ADJOURNMENTThere being no further business the Chair declared the meeting adjourned at
12:37 p.m.
Respectfully submitted,
Noriko Sauer, Secretary
A T T E S T:
Frederic Housel, Chairman
Leeward Planning Commission
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