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Home My WebLink About2008-03-20 Planning Commission Minutes PLANNING COMMISSION COUNTY OF HAWAII MINUTES MARCH 20, 2008 The Planning Commission met in regular session at 9:08 a.m. in the Hapuna Beach Prince Hotel, Hau Room, 62-100 Kaunaoa Drive, Kohala Coast, Hawaii, with Chairman Rodney Watanabe presiding. PRESENT: Lani Bowman ABSENT & EXCUSED: C. Kimo Alameda Takashi Domingo Andrew Iwashita Shelly Ogata Alvin Rho Rene’ Siracusa (Left at 2:08 p.m. And returned at 2:11 p.m.) Rodney Watanabe Rell Woodward Ivan Torigoe, Deputy Corporation Counsel Christopher Yuen, Planning Director Norman Hayashi, Planning Program Manager (from 12:05 p.m.) Phyllis Fujimoto, Staff Planner (from 12:05 p.m.) Jeff Darrow, Staff Planner The Chair introduced the Commissioners and staff. REZ 866 & SMA 379 The Commission took up the following three items simultaneously PLANNING DIRECTOR at 9:08 a.m. with 3 people from the public in attendance. KOHALA LLC ST KAHUA 1, NORTH KOHALA INITIATOR: PLANNING DIRECTOR (SMA USE PERMIT NO. 379) Continued hearing on the revocation of Special Management Area (SMA) Use Permit No. 379, which allowed the development of a 50-lot single-family residential subdivision. The property involved, owned by Kohala LLC, is located along the southwest (makai) side of Akoni Pule st Highway and the Kohala Ranch Subdivision, Kahua 1, North Kohala, Hawaii, TMK: 5-9-1:8. APPLICANT: KOHALA LLC (REZ 866) Continued hearing on an amendment to Condition C (time to secure final subdivision approval) of Change of Zone Ordinance No. 97-102, which rezoned 37.88 acres of land from an Agricultural 5-acre (A-5a) to a Single-Family Residential 15,000-square foot (RS-15) district. The property involved is located along the southwest (makai) side of Akoni Pule Highway and st the Kohala Ranch Subdivision, Kahua 1, North Kohala, Hawaii, TMK: 5-9-1:8. 1 APPLICANT: KOHALA LLC (SMA 379) Continued hearing on an amendment to Condition 4 (time to secure final subdivision approval) of Special Management Area Use Permit No. 379, which allowed the development of a 50-lot single-family residential subdivision. The property involved is located along the southwest st (makai) side of Akoni Pule Highway and the Kohala Ranch Subdivision, Kahua 1, North Kohala, Hawaii, TMK: 5-9-1:8. (SEE EXHIBIT A) RECESSED The Chair called a recess at 12:29 p.m. RECONVENED The meeting reconvened at 2:08 p.m. SMA 07-000019 The Commission took this item up at 2:08 p.m. with 2 people from STANFORD CARR the public in attendance. DEVELOPMENT, LLC KALAHUIPUAA, ANAEHOOMALU AND WAIKOLOA, SOUTH KOHALA APPLICANT: STANFORD CARR DEVELOPMENT, LLC (SMA 07-000019) Request to dismiss intervenor Richard Gilroy as a party and as an intervenor in the proceedings of Special Management Area (SMA) Use Permit No. 07-000019. Mr. Darrow stated that the Commission has received requests to dismiss Richard Gilroy as a party and as an intervenor in these proceedings from both the applicant and Mr. Gilroy himself. He added that there are no objections from the other parties. The applicant’s representative, Steven Lim, was in attendance. He noted that Mr. Gilroy has not participated in the proceedings. There was no one from the public wishing to testify on this agenda item. It was moved by Commissioner Woodward and seconded by Commissioner Domingo to dismiss Richard Gilroy as a party and as an intervenor. A roll call vote was taken and motion carried with six ayes (Woodward, Domingo, Bowman, Ogata, Rho and Watanabe) and three absent and excused (Alameda, Iwashita and Siracusa). SPP 909 & SPP 1156 The Commission took up the following two items simultaneously WEST HAWAII at 2:11 p.m. with no one from the public in attendance. CONCRETE WAIKOLOA, SOUTH KOHALA 2 APPLICANT: WEST HAWAII CONCRETE (SPECIAL PERMIT NO. 909) Request to amend Condition No. 9 (life of the permit) of Special Permit No. 909, which allowed the establishment of a cinder quarry operation on approximately 13.774 acres of land situated within the State Land Use Agricultural District. The project site is located mauka of the Mamalahoa Highway (Highway 190) and approximately 2,100 feet west of the existing West Hawaii Concrete rock quarry, Waikoloa, South Kohala, Hawaii, TMK:6-7-1: Portion of 25. APPLICANT: WEST HAWAII CONCRETE (SPECIAL PERMIT NO. 1156) Request to amend Condition No. 2 (time requirement to establish the quarry) of Special Permit No. 1156, which allowed the establishment of a cinder quarry operation on approximately 14.944 acres of land situated within the State Land Use Agricultural District. The proposed project site is located on the mauka side of Mamalahoa Highway (Highway 190) and approximately 2,900 feet south of the existing West Hawaii Concrete rock quarry, Waikoloa, South Kohala, Hawaii, TMK: 6-7-1: Portion of 25. Mr. Darrow oriented the Commission of the subject and surrounding properties on the location map and site plan, and summarized the requests. He noted that the Planning Director is recommending that a 10-year time extension for Special Permit No. 909 and a term of 5 years from the commencement date for Special Permit No. 1156 be approved by the Commission, rather than the applicant’s amendment requests. In response to Commissioner Siracusa’s inquiry, Director Yuen said that there is no requirement that there be a time limit on these permits; however, in view of the fact that the current uses of the surrounding properties might change in the future, he recommends that a reasonable time frame be set. He also said that his proposed amendments afford the applicant a considerable period of time to operate their quarries, and that the applicant can request a time extension, if necessary. The applicant’s representative, Gregory Mooers, was in attendance. He stated that the applicant has no problem with the 10-year extension for Special Permit No. 909, as well as the 1-year time frame for the commencement of quarry operations under Special Permit No. 1156; however, with respect to the recommended 5-year permit life, he said that at least 10 years is a reasonable expectation for quarry operations. Director Yuen stated that a term of 10 years from the commencement date with a possibility of time extension is acceptable to him. There was no one from the public wishing to testify on this agenda item. For the amendment to Special Permit No. 909, it was moved by Commissioner Domingo and seconded by Commissioner Siracusa that the amendment request be approved as recommended by the Planning Director. A roll call vote was taken and motion carried with seven ayes (Domingo, Siracusa, Bowman, Ogata, Rho, Woodward and Watanabe) and two absent and excused (Alameda and Iwashita). For the amendment to Special Permit No. 1156, it was moved by Commissioner Domingo and seconded by Commissioner Siracusa that the amendment request be approved as recommended by the Planning Director, with the change to the term of permit from 5 years to 10 years. A roll call vote was taken and motion carried with seven ayes (Domingo, Siracusa, Bowman, Ogata, Rho, Woodward and Watanabe) and two absent and excused (Alameda and Iwashita). 3 MINUTES The Commission took up the following minutes at this time, 2:27 p.m., with no one from the public in attendance: February 22, 2008 – It was moved by Commissioner Siracusa and seconded by Commissioner Rho that the minutes be approved. Motion was unanimously carried by a voice vote of all Commissioners in attendance. ADMINISTRATIVE The Commission took this item up at 2:30 p.m. with no one from MATTERS the public in attendance. Status of appeals filed on Planning Commission decisions – Corporation Counsel – Mr. Torigoe had nothing to report. ANNOUNCEMENTS There was no announcement. ADJOURNMENT There being no further business, the Chair declared the meeting adjourned at 2:30 p.m. Respectfully submitted, Noriko Sauer West Hawaii Secretary A T T E S T: Rodney Watanabe, Chairman Planning Commission 4