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HomeMy WebLinkAbout2007-08-31 Planning Commission Minutes PLANNING COMMISSION COUNTY OF HAWAII MINUTES AUGUST 31, 2007 The Planning Commission met in regular session at 9:10 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: Takashi Domingo William Graham Shelly Ogata Andrew Iwashita (left at 4:15 p.m.) Rene’ Siracusa Alvin Rho Rodney Watanabe QdkkVnncv`qc Ivan Torigoe, Deputy Corporation Counsel Chris Yuen, Planning Director (from 9:35 a.m.) Norman Hayashi, Staff Planner Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner The Chair introduced the Commissioners and staff to members of the public. SPP 05-000015 The Commission took this item up at 9:11 a.m. with approximately DANIEL IBBETSON17 people from the public in attendance. TH KAOHE 5, SOUTH KONA APPLICANT: DANIEL IBBETSON (SPP 05-000015) Action on the application for a Special Permit 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 the Mamalahoa Highway (Highway 11), approximately th 120 feet south of the Kaohe Road-Mamalahoa Highway intersection, Kaohe 5, South Kona, Hawaii, TMK: 8-7-9: 14. (SEE EXHIBIT A) RECESSED The Chair called a short recess at 10:09 a.m. RECONVENED The meeting reconvened at 10:16 a.m. 1 SMA 07-000016 The Commission took this item up at 10:16 a.m. with PUAKO BAY approximately 16 people from the public in attendance. INVESTORS, LLC LALAMILO, SOUTH KOHALA APPLICANT: PUAKO BAY INVESTORS, LLC (SMA 07-000016) Continuation of a Public Hearing on the application for a Special Management Area (SMA) Use Permit to allow the development of an 8-lot single-family residential subdivision and related improvements. The property is located on the makai side of Puako Beach Drive, adjacent to and east of the Puako boat ramp, Lalamilo, South Kohala, Hawaii, TMK: 6-9-2:1 and 2. (SEE EXHIBIT B) RECESSED The Chair called a short recess at 11:06 a.m. RECONVENED The meeting reconvened at 11:21 a.m. SLU 07-000014/ The Commission took this item up at 11:21 a.m. with REZ 07-000064approximately 16 people from the public in attendance. SEASCAPE DEVELOPMENT, LLC TH KALAOA 5, NORTH KONA APPLICANT: SEASCAPE DEVELOPMENT. LLC (SLU 07-000014/REZ 07-000064) Continuation of a Public Hearing on applications for the following: a.State Land Use Boundary Amendment for 10.001 acres of land from an Agricultural to an Urban District. b.Change of Zone for 10.001 acres of land from an Agricultural 5-acre (A-5a) to a Multiple-Family Residential 1,000 square foot (RM-1a) district. The property is located south of the Kona Palisades Subdivision, approximately 1,200 feet south th of the extension of Kakahiaka Street, Kalaoa 5, North Kona, Hawaii, TMK: 7-3-10: 3. (SEE EXHIBIT C) KOHALA LLC The Commission took up the following two items simultaneously ST KAHUA 1, at 12 noon with approximately 4 people from the public in NORTH KOHALA attendance. INITIATOR: PLANNING DIRECTOR Continuation of a Public Hearing on the following: a. Change of Zone (REZ 07-000067) for 37.88 acres of land from a Single-Family Residential 15,000 square foot (RS-15) to a Residential and Agricultural 5-acre (RA-5a) district. b. Repeal of 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. 2 c. Revocation of Special Management Area (SMA) Use Permit No. 379, which allowed the development of a 50-lot single-family residential subdivision. The property, 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/SMA 379) Continuation of a Public Hearing on the following: a. 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. b. 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 is located along the southwest (makai) side of Akoni Pule Highway and the Kohala st Ranch Subdivision, Kahua 1, North Kohala, Hawaii, TMK: 5-9-1:8. (SEE EXHIBIT D) RECESSED The Chair called a recess at 12:22 p.m. RECONVENED The meeting reconvened at 1:37 p.m. AMEND ZONING CODE The Commission took this item up at 1:37 p.m. with approximately COUNTY COUNCIL 18 people from the public in attendance. PARKING SPACES INITIATOR: COUNTY COUNCIL Continuation of a Public Hearing on an amendment to Chapter 25 (Zoning Code), Hawaii County Code 1983 (2005 Edition), as amended, relating to off-street parking and loading. The proposed amendment (Bill No. 79 Draft 2) would increase the number of public parking spaces for various establishments. (SEE EXHIBIT E) AMEND ZONING CODE The Commission took this item up at 2:01 p.m. with approximately COUNTY COUNCIL 23 people from the public in attendance. SUBDIVISIONS INITIATOR COUNTY COUNCIL Continuation of a Public Hearing on an amendment to Chapter 23, Hawaii County Code 1983 (2005 Edition), as amended, relating to Subdivisions, and Chapter 25 (Zoning Code), Hawaii County Code 1983 (2005 Edition), as amended.The proposed amendment would require subdivisions of seven or more lots to be processed in the same manner as a change of zone in accordance with Hawaii County Code Chapter 25 (Zoning Code), Sections 25-2-42 and 25-2-43. (SEE EXHIBIT F) 3 AMEND ZONING CODE The Commission took this item up at 2:19 p.m. with approximately COUNTY COUNCIL 27 people from the public in attendance. P.U.D. AND C.P.D. INITIATOR: COUNTY COUNCIL Continuation of Public Hearing on an amendment to Chapter 25 (Zoning Code), Hawaii County Code 1983 (2005 Edition), as amended, relating to Planned Unit Development (P.U.D.) and Cluster Plan Development (C.P.D.) applications. The proposed amendment would 1) require P.U.D applications consisting of seven or more lots to be processed in the same manner as a change of zone in accordance with Hawaii County Code Chapter 25 (Zoning Code), Sections 25-2-42 and 25-2-43; and 2) require C.P.D. applications to be processed as prescribed for a subdivision application under Chapter 23 (Subdivisions), “Application for Subdivision of Seven or More Lots.” (SEE EXHIBIT G) RECESSED The Chair called a short recess at 2:28 p.m. RECONVENED The meeting reconvened at 2:39 p.m. SLU 07-000015/ The Commission took this item up at 2:39 p.m. with approximately REZ 07-00006822 people from the public in attendance. NORTH HAWAII COMMUNITY HOSPITAL WAIMEA, SOUTH KOHALA APPLICANT: NORTH HAWAII COMMUNITY HOSPITAL (SLU 07-000015/ REZ 07-000068) State Land Use Boundary Amendment from the Agricultural to the Urban District for approximately 3.068 acres and a Change of Zone from Limited Industrial 20,000 square feet (ML-20) to Village Commercial 7,500 square feet (CV-7.5) for approximately .947 acres and Agricultural 40-acres (A-40a) to Village Commercial 7,500 square feet (CV-7.5) for approximately 3.317 acres. The properties are located south of the North Hawaii Community Hospital along the north side of Pukalani Road, Waikoloa, Waimea, South Kohala, Hawaii, TMK: 6-7-2: 20 and Por. 51. Mr. Darrow oriented the Commission and public of the subject and surrounding properties on the location map and site plan, summarized the request and noted that the Planning Department th received an email dated August 27 in support of the project from the Waimea Community Association. He mentioned the Planning Director is recommending the Commission send a favorable recommendation for both applications to the Hawaii County Council. The applicant’s representatives, Gene Yong and Stan Berry, were in attendance. 4 Mr. Yong mentioned Mike Luce and Dr. Niall Scully from the Hospital were also present. He stated that the applicant has reviewed the Background Report, Recommendation and proposed conditions of approval, and is accepting the conditions as drafted. Mr. Berry mentioned that the Hospital is a 40-bed, not-for-profit institution with almost 500 employees, and that the applicant wishes to develop more medical offices specifically to bring more physicians to the community. Chair Graham noted for the record that the Commissioners are cognizant of the zoning moratorium for the South Kohala District; however, this application is being presented to the Commission as an acceptable change. Also for the record, Commissioner Iwashita pointed out that there was communication between the applicant and the Waimea community, and they have the full support of the community. There was no one from the public wishing to testify on this agenda item. It was moved by Commissioner Woodward and seconded by Commissioner Watanabe that a favorable recommendation be forwarded to the County Council for the State Land Use Boundary Amendment. A roll call vote was taken and motion carried with six ayes (Woodward, Watanabe, Alameda, Iwashita, Rho and Graham) and three absent and excused (Domingo, Ogata and Siracusa). Mr. Darrow mentioned the Planning Director requests a revision to Condition P. 5. to read, “If the applicant should require an additional extension of time, the Planning Director shall submit the applicant’s request to the Planning Commission and the County Council for appropriate action.” It was then moved by Commissioner Woodward and seconded by Commissioner Watanabe that a favorable recommendation be forwarded to the County Council for the Change of Zone with the revision to Condition P. 5. A roll call vote was taken and motion carried with six ayes (Woodward, Watanabe, Alameda, Iwashita, Rho and Graham) and three absent and excused (Domingo, Ogata and Siracusa). SPP 07-000044 The Commission took this item up at 2:52 p.m. with approximately 1250 OCEANSIDE14 people from the public in attendance. PARTNERS KEEKEE, NORTH AND SOUTH KONA APPLICANT: 1250 OCEANSIDE PARTNERS (SPP 07-000044) Special Permit to allow the conversion of a temporary golf shop to a temporary real estate sales center on approximately 10,000 square feet of land situated within the State Land Use Agricultural District. The area under consideration is located within the Hokulia development, makai of Kealakekua Village in the vicinity of the proposed extension of Halekii Street, Halekii, Keekee, North and South Kona, Hawaii, TMK: 8-1-4: Por 68. 5 Mr. Darrow 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 is recommending the Commission approve the Special Permit with conditions. The applicant’s representatives, Sidney Fuke and Bob Stuit, were in attendance. Mr. Fuke stated the staff’s report was very comprehensive; however, he added 1) the proposed temporary real estate office is for marketing of real estate within this development only, and the permanent clubhouse is being processed for a building permit and will hopefully be up and running in 18 months from now, and 2) the applicant would like to request an amendment to the recommended Condition No. 3, since the applicant may want to retain the structure for some other permitted purposes, to read, “The temporary structure shall not be used for a period longer than five (5) years from the date of Final Plan Approval or after all lots within the development are sold, whichever occurs first. The structure shall be removed co-terminus with the expiration of the temporary real estate sales center use, or converted into a use permitted by applicable provisions of the State Land Use Law and the County Zoning Code.” In response to Commissioner Watanabe’s question, Director Yuen indicated that the applicant’s proposed revision is acceptable. Commissioner Iwashita asked whether the existing structure is permitted, and Messrs. Stuit and Fuke both confirmed it is. There was no one from the public wishing to testify on this agenda item. It was moved by Commissioner Watanabe and seconded by Commissioner Alameda to approve the request including the proposed revision to Condition No. 3, based on the Planning Director’s recommendation. A roll call vote was taken and motion carried with six ayes (Watanabe, Alameda, Iwashita, Rho, Woodward and Graham) and three absent and excused (Domingo, Ogata and Siracusa). SSV 07-000002 The Commission took this item up at 3:03 p.m. with approximately AOAO HALE KAI21 people from the public in attendance. O‘KONA ND HOLUALOA 2, NORTH KONA APPLICANT: AOAO HALE KAI O’KONA (SSV 07-000002) Application for a Shoreline Setback Variance to allow the reconstruction of two (2) fire-damaged units and associated landscaping within the 20-foot shoreline setback area. The property is located along the southwest (makai) side of Alii Drive at the Alii Drive and Holualoa Beach nd Road intersection, Holualoa 2, North Kona, Hawaii, TMK: 7-6-17: 27. Mr. Darrow oriented the Commission and public of the subject and surrounding properties on the location map and site plan, summarized the request and noted that a comment letter from Pat Flanery has been distributed to the Commissioners, which was received by the Planning Department after the application had been forwarded to the Commissioners. He stated the Planning Director is recommending the Commission approve the Shoreline Setback Variance 6 based on the fact that the applicant is proposing to reconstruct the burned building on the same foundation area as it remains, and it would be a great hardship on the applicant to move the building out of the setback area. The applicant’s representatives, Greg Mooers and Kevin Mitchell, were in attendance. Mr. Mooers stated the staff adequately explained the situation, and added that the subject of their application is one building with two units, of which the second floor burned down, and the applicant wants to reuse the first floor, which is in good enough condition, and reconstruct the second floor in exactly the same place. He mentioned Ron Terry who prepared the Environment Assessment and Edy Campbell, the president of the AOAO, were also in attendance to answer questions. In response to Chair Graham’s question, Mr. Mooers confirmed that the appearance of the reconstructed building would be the same as that of the adjacent buildings. There was no one from the public wishing to testify on this agenda item. It was moved by Commissioner Watanabe and seconded by Commissioner Alameda that the application be approved with conditions as recommended by the Planning Director. A roll call vote was taken and motion carried with six ayes (Watanabe, Alameda, Iwashita, Rho, Woodward and Graham) and three absent and excused (Domingo, Ogata and Siracusa). RECESSED The Chair called a short recess at 3:12 p.m. RECONVENED The meeting reconvened at 3:24 p.m. SMA 07-000019 The Commission took this item up at 3:24 p.m. with approximately STANFORD CARR18 people from the public in attendance. DEVELOPMENT, LLC KALAHUIPUAA, ANAEHOOMALU AND WAIKOLOA, SOUTH KOHALA APPLICANT: STANFORD CARR DEVELOPMENT, LLC (SMA 07-000019) Special Management Area Use Permit to allow the development of 691 residential units, 284 hotel units, 3 golf holes and related support facilities within the Mauna Lani Resort. The project site is located makai of the Queen Kaahumanu Highway, within the existing Mauna Lani Resort, Kalahuipuaa, Anaehoomalu and Waikoloa, South Kohala, Hawaii, TMK: 6-8-1: 54 and 6-8-22: 10. (SEE EXHIBIT H) RECESSED The Chair called a short recess at 4:15 p.m. Commissioner Iwashita left the meeting at this time. RECONVENED The meeting reconvened at 4:28 p.m. 7 REZ 856 The Commission took this item up at 4:28 p.m. with approximately KIC DEVELOPMENT2 people from the public in attendance. VENTURE, LLC KEAUHOU, NORTH KONA APPLICANT: KIC DEVELOPMENT VENTURE, LLC (REZ 856) Amendment to Condition C (secure Final Subdivision Approval) of Change of Zone Ordinance No. 97 73 which rezoned approximately 21.319 acres of land from an Unplanned (U) to a Single-Family Residential - 15,000 square foot (RS-15) zoned district. The property is located on the mauka side of Kealii Street, mauka of the Keauhou Estates Subdivision, approximately 600 feet from its intersection with Kamehameha III Road, Keauhou, North Kona, TMK: 7-8-10: Por. 50. Mr. Darrow gave some background information, summarized the request and noted that the applicant has submitted a request for deferral. The applicant representative, Steven Lim, was in attendance. Commissioner Alameda asked whether the applicant is requesting a certain date to continue this matter to. In response, Mr. Lim stated the reason for the request is because the applicant is still negotiating with Brookfield Homes Hawaii for the joint venture development of the Keauhou Resort, and can’t move forward until that has been concluded; therefore, the applicant is unable to give a specific date to the Commission at this time. There was no one from the public wishing to testify on this agenda item. It was moved by Commissioner Watanabe and seconded by Commissioner Alameda to continue the matter until the applicant is ready to proceed. A roll call vote was taken and motion carried with five ayes (Watanabe, Alameda, Rho, Woodward and Graham) and four absent and excused (Domingo, Iwashita, Ogata and Siracusa). RECESSED The Chair called a short recess at 4:32 p.m. RECONVENED The meeting reconvened at 4:35 p.m. SMA 358/USE 142 The Commission took this item up at 4:35 p.m. with no one from ALII GARDENSthe public in attendance. MARKETPLACE ND PUAPUAA 2, NORTH KONA APPLICANT: ALII GARDENS MARKETPLACE (SMA 358/USE 142) Amendment to Condition No. 5 (time to complete construction) of Special Management Area Use Permit No. 358 and Condition No. 5 (time to complete construction) of Use Permit No 142 which allowed the establishment of an open-air marketplace, parking area, and related improvements. The property is located across from the entrance to the Alii Point Subdivision 8 and bordered by Alii Drive and the proposed Keauhou Parkway right-of-way, approximately 120 nd feet northwest of Kahakai Elementary School, Puapuaa 2, North Kona, Hawaii, TMK: 7-5-20:70. (SEE EXHIBIT I) MINUTES The Commission took this item up at 5:17 p.m. with approximately 8 people from the public in attendance: July 20, 2007 – It was moved by Commissioner Alameda and seconded by Commissioner Rho 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 5:18 p.m. with approximately MATTERS 5 people from the public in attendance. Status of appeals filed on Planning Commission decisions - Corporation Counsel – Mr. Torigoe reported that the Commission has received a written order from the Third Circuit Court regarding the D-Bar appeal, though he has not yet seen the Judgment, and therefore the matter will be back on the Commission’s agenda. ANNOUNCEMENTS There was no announcement. ADJOURNMENT There being no further business, the Chair declared the meeting adjourned at 5:19 p.m. Respectfully submitted, Noriko Sauer West Hawaii Secretary A T T E S T: William Graham, Chairman Planning Commission 9