HomeMy WebLinkAbout2005-12-08 Planning Commission Minutes
PLANNING COMMISSION
COUNTY OF HAWAII
MINUTES
December 8, 2005
The Planning Commission met in regular session at 9:35 a.m. in the Waikoloa Beach Marriott
Hotel, Alii Ballroom II, 69-275 Waikoloa Beach Drive, Waikoloa, Hawaii with Second Vice-
Chairman Kimo Alameda presiding.
PRESENT:C. Kimo AlamedaABSENT & EXCUSED:
Jeffrey McCallAllen Salavea
Fred Galdones
William R. Graham
Rene Siracusa
Hannah Springer (left at 10:30 a.m.)
Chris Yuen, DeputyPlanning Director
Norman Hayashi, Planning Program Manager
Phyllis Fujimoto, Staff Planner
Jeff Darrow, Staff Planner
Ivan Torigoe, Deputy Corporation Counsel
The Chair introduced the Commissioners and the Staff to the public.
(SSV 05-001)The Commission took this item up at 9:37 a.m. with
KAILUA KONA VILLAGEapproximately 10 people from the public in attendance.
DEVELOPMENT GROUP
KAILUA VILLAGE,
KAILUA-KONA
APPLICANT: KAILUA KONA VILLAGE DEVELOPMENT GROUP (SSV 05-001)
Continuation of a hearing on theapplication for a Shoreline Setback Variance to allow the
construction of an outdoor seating lanai to the existing restaurant proposed within the 40-foot
shoreline setback area. The property is the site of the existing Kona Inn Shopping Village, Kailua
Village, Kailua-Kona, Hawaii, TMK: 7-5-7:21.
(SEEEXHIBITA)
RECESSED:The Chair called for a recess at 10:30 a.m.
RECONVENED:The meeting reconvened at 10:45 a.m.
(SLU 05-004/REZ 05-013)The Commission took this item up at 10:45 a.m. with
LAVAKUAKINIINC.approximately10peoplefromthepublicinattendance.
ST
KAHALUI 1,
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NORTH KONA
APPLICANT: LAVA KUAKINI,INC. (SLU 05-004/REZ 05-013)
Continued hearing on the following requests:
a. State Land Use boundary amendment for 14 acres from the Agricultural to the Urban District.
b. Change of Zone for 14 acres from an Agricultural 5-acre (A-5a) to a Multiple Family
Residential 2,500 square foot (RM-2.5) district. The property is located along the northeast
side of Kuakini Highway, adjacent to and south of the Kona Hillcrest Subdivision, Kahului 1,
st
North Kona, Hawaii, TMK: 7-5-17: portions of 2 and 5.
(SEE EXHIBIT B)
RECESSED:The Chair called for a recess at 2:40 p.m.
RECONVENED:The meeting reconvened at 3:54 p.m.
AMENDMENTS TO
The Commission took this item up at 3:54 p.m. with
PLANNING COMMISSION
approximately 2 people from the public in attendance.
RULES
Amendments to appropriate sections of Planning Commission Rule 6 (Special Permits), Rule 7
(Use Permit), Rule 8 (Shoreline Setback), Rule 9 (Special Management Area), Rule 11 (Zoning
Amendments), Rule 12 (Geothermal Resource Permits), Rule 13 (State Land Use District
Boundary Amendment), Rule 15 (Project Districts), and Rule 16 (Agricultural Project Districts)
by requiring the posting of signs for public notification as part of the application process. The
amendments to be included in the rules are as follows:
Posting of Signs for Public Notification.
1.Within ten days of being notified of the acceptance of an application, the applicant shall
post a sign on the subject property notifying the public of the following:
a.The nature of the application;
b.Theproposeduseoftheproperty;
c.The size of the property;
d.The tax map key(s) of the property;
e.That the public may contact the planning department for additional information;
and
f.The address and telephone number of the planning department.
2.The sign shall remain posted until the application has been granted, denied, or withdrawn.
The applicant shall remove the sign promptly after such action.
3.Notwithstanding any other provisions of law, the sign shall be not less than nine square
feet and not more than twelve square feet in area, with letters not less than one inch high.
No pictures, drawings, or promotional materials shall be permitted on the sign. The sign
shall be posted at or near the property boundary adjacent to a public road bordering the
property and shall be visible from said public road. If more than one public road borders
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the property, the applicant shall post the sign to be readable from the more heavily
traveled public road. The sign shall, in all other respects, be in compliance with Chapter 3
(signs) Hawaii County Code 1983 (2005 edition).
4.The applicant shall file an affidavit with the planning department not more than five days
after posting the sign stating that a sign has been posted in compliance with this rule, and
that the applicant and its agents will not remove the sign until the application has been
granted, denied, or withdrawn. A photograph of the sign in place shall accompany the
affidavit.
(SEE EXHIBIT C)
WORKSHOP FOR PLANNING COMMISSIONERS
Discussion on procedures and process relating to Planning Commission matters
Mr. Hayashi suggested that the Commission continue this item to tomorrows agenda.
Commissioner Siracusa pointed out another typo on the Amendment to the Planning
Commission Rules, under Change of Zone, page 2, under conditions, 2a. It was so noted.
Commissioner Graham queried Corporation Counsel about the statement made my
Commissioner McCall that the rules generally come from ordinances either State or County. He
stated that his understanding is that when the Commission takes action on something it refers to
the Rules first but if something is found in the Ordinance that states otherwise the Commission
can also appropriately follow the Ordinance.
Mr. Torigoe stated that generally the Commissions ability to make rules is limited or should be
exercised within the authority given by the Ordinance or Statute that authorizes the Commission
to make rules. He further stated that as the rules are made they should be carrying out what the
intent of the Statute or Ordinance that enables those rules are. Mr. Torigoe said that if the
Commission finds that there is some inconsistency between what the rules say and what the
authorizingstatuteorordinancesaysthentheCommissionshouldtakealookatthatand
generally follow the authorizing authority.
It was moved by Commissioner Siracusa and seconded by Commissioner Graham to continue
the workshop to tomorrows agenda. Motion was carried by voice vote of all Commissioners in
attendance.
ADJOURNMENT
Therebeingnofurtherbusiness,theChairmandeclaredthemeetingadjournedat4:15p.m.
Respectfullysubmitted,
Lynette Marushige, West Hawai`i Secretary
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ATTEST:
C. KIMO ALAMEDA, Vice-Chairman
Planning Commission
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