HomeMy WebLinkAbout2007-07-20 Planning Commission Minutes
PLANNING COMMISSION
COUNTY OF HAWAII
MINUTES
JULY 20, 2007
The Planning Commission met in regular session at 9:20 a.m. at the Waikoloa Beach Marriott,
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Naupaka III, 69275 Waikoloa Drive, Waikoloa, Hawaii, with First-Vice Chairman C. Kimo
Alameda presiding.
PRESENT: C. Kimo Alameda ABSENT & EXCUSED: William Graham
Takashi Domingo Alvin Rho
Andrew Iwashita Rodney Watanabe
Shelly Ogata
Rene’ Siracusa
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Ivan Torigoe, Deputy Corporation Counsel
Brooks Bancroft, Deputy Corporation Counsel
Chris Yuen, Planning Director (Left at 3:30 p.m.)
Phyllis Fujimoto, Staff Planner
Jeff Darrow, Staff Planner
The Chair introduced the Commissioners and staff to members of the public.
SMA 06-000009 The Commission took this item up at 9:21 a.m. with approximately
D-BAR RANCH, LLC3 people from the public in attendance.
ND
PAHOEHOE 2,
NORTH KONA
APPLICANT: D-BAR RANCH, LLC (SMA 06-000009)
Further proceedings on remand pursuant to State of Hawaii Third Circuit Court decision on
appeal in Civil No. 06-1-172K application for a Special Management Area (SMA) Use
regarding
Permit to allow the 120-unit condominium project and related uses. The property is located
between Alii Drive and the proposed Kahului-Keauhou Parkway (aka Alii Parkway), mauka of
the Kona Magic Sands Condominium and north of the White Sands Beach Estates Subdivision,
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Pahoehoe 2, North Kona, Hawaii, TMK: 7-7-8:21 & 23.
Mr. Darrow oriented the Commission and public of the subject and surrounding properties on the
location map and site plan, and summarized the request. As background information, he
mentioned that this application initially came before the Commission on August 25, 2006, that
the Commission denied the request for the Special Management Area Use Permit, that the
decision of the Commission was appealed by the applicant to the Third Circuit Court, and the
Court remanded the case back to the Commission. He added, however, the Commission hasn’t
received any written order of this remand.
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Mr. Torigoe confirmed that the Commission has not received any written order from the Court,
which will indicate exactly what the Court expects the Commission to do, and recommended that
the matter be continued until the Commission has received the Court’s order.
The applicant, Alan Dickler, was in attendance, and agreed to the continuance.
There was no one from the public wishing to testify on this agenda item.
It was moved by Commissioner Domingo and seconded by Commissioner Siracusa to continue
the matter until such time as the Commission has received the Court’s order. A roll call vote was
taken and motion carried with six ayes (Domingo, Siracusa, Iwashita, Ogata, Woodward and
Alameda) and three absent and excused (Graham, Rho and Watanabe).
RECESSEDThe chair called a short recess at 9:28 a.m.
RECONVENED The meeting reconvened at 9:35 a.m.
KOHALA LLCThe Commission took up the following two items simultaneously
ST
KAHUA 1,at 9:35 a.m. with approximately 3 people from the public in
NORTH KOHALA attendance.
INITIATOR: PLANNING DIRECTOR
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.
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 involved, owned by Kohala LLC, is located along the southwest (makai) side of
st
Akoni Pule Highway and the Kohala Ranch Subdivision, Kahua 1, North Kohala, Hawaii,
TMK: 5-9-1:8.
APPLICANT: KOHALA LLC (REZ 866/SMA 379)
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) 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 (makai) side of Akoni Pule Highway and
st
the Kohala Ranch Subdivision, Kahua 1, North Kohala, Hawaii, TMK: 5-9-1:8.
(SEE EXHIBIT A)
RECESSEDThe chair called a short recess at 2:31 p.m.
RECONVENED The meeting reconvened at 2:40 p.m.
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SLU 07-000014/ The Commission took this item up at 2:40 p.m. with
REZ 07-000064approximately 20 people from the public in attendance.
SEASCAPE
DEVELOPMENT, LLC
TH
KALAOA 5,
NORTH KONA
APPLICANT: SEASCAPE DEVELOPMENT. LLC (SLU 07-000014/REZ 07-000064)
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 B)
PUBLIC STATEMENTS Joel Gimpel provided testimony during this hearing, at 3:08 p.m.,
regarding the PLANNING DIRECTOR INITIATED
AMENDMENT TO CHAPTER 25 RELATING TO
SUPERSTORES (EXHIBIT C).
REZ 854 The Commission took this item up at 3:13 p.m. with approximately
RS10 KALAOA, LLC 15 people from the public in attendance.
TH
KALAOA 4,
NORTH KONA
APPLICANT: RS10 KALAOA LLC (REZ 854)
Request to amend Condition D (time to secure Final Subdivision Approval) of Change of Zone
Ordinance No. 97 56, which rezoned approximately 10.283 acres of land from an Agricultural 5-
acre (A-5a) to a Single Family Residential 10,000-square foot (RS-10) district. The property is
located on the makai side of Mamalahoa Highway, between Kona Coastview (Nana Street) and
th
Kona Palisades (Holoholo Street) Subdivisions, Kalaoa 4, North Kona, Hawaii,
TMK: 7-3-28:82 through 102 (formerly 7-3-10:37).
(SEE EXHIBIT D)
RECESSEDThe chair called a short recess at 3:25 p.m. Planning Director left
the meeting at this time, 3:30 p.m.
RECONVENED The meeting reconvened at 3:38 p.m.
SPP 05-000015 The Commission took this item up at 3:38 p.m. with approximately
DANIEL IBBETSON 10 people from the public in attendance.
TH
KAOHE 5,
SOUTH KONA
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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 Mamalahoa Highway (Highway 11), approximately 120
th
feet south of the Kaohe Road-Mamalahoa Highway intersection, Kaohe 5, South Kona, Hawaii,
TMK: 8-7-9:14.
(SEE EXHIBIT E)
AMEND ZONING CODE The Commission took this item up at 3:47 p.m. with approximately
PLANNING DIRECTOR 10 people from the public in attendance.
RETAIL
ESTABLISHMENTS
INITIATOR: PLANNING DIRECTOR
Amendment to Chapter 25 (Zoning Code), Hawaii County Code 1983 (2005 Edition), as
amended, to create a “superstore” zoning district, which would be the only zoning district where
a “superstore” would be allowed.
(SEE EXHIBITS C AND F)
MINUTESThe Commission took this item up at 4:14 p.m. with approximately
8 people from the public in attendance:
May 24, 2007 – It was moved by Commissioner Iwashita and seconded by Commissioner
Domingo 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 4:15 p.m. with approximately
MATTERS5 people from the public in attendance.
Status of appeals filed on Planning Commission decisions - Corporation Counsel –
Mr. Torigoe had nothing to report.
ANNOUNCMENT There was no announcement.
ADJOURNMENT There being no further business, the Chair declared the meeting
adjourned at 4:15 p.m.
Respectfully submitted,
Noriko Sauer, West Hawaii Secretary
A T T E S T:
C. Kimo Alameda, First-Vice Chairman
Planning Commission
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