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HomeMy WebLinkAbout2005-05-20 Planning Commission Minutes PLANNING COMMISSION COUNTY OF HAWAII MINUTES MAY 20, 2005 The Planning Commission met in regular session at 9:13 a.m. in the King Kamehameha's Kona Beach Hotel, Islander Room, 75-5660 Palani Road, Kailua-Kona, Hawaii with First Vice- Chairperson Hannah Springer presiding. PRESENT:Rodney H. WatanabeABSENT & EXCUSED: Fred Galdones Jeffrey McCallWilliam R. Graham Rene€ SiracusaAllen Salavea Andrew Iwashita (left at 1:35 p.m.) C. Kimo Alameda Hannah Springer Ivan Torigoe, Deputy Corporation Counsel Chris Yuen, Deputy Planning Director Norman Hayashi, Planning Program Manager Phyllis Fujimoto, Staff Planner JeffDarrow,StaffPlanner Kiran Emler representing Department of Public Works The Chair introduced the Commissioners and the Staff to the public. The Commission agreed to hear agenda item Number 2 first, then agenda item Number 1 then at 9:30 item number 4, continuing the KPC application. DEBRA DICKENSThe Commission took this item up at 9:16 a.m. with KEOKEAapproximately 3 people from the public in attendance. SOUTH KONA APPLICANT: DEBRA DICKENS (SPP 05-005) Special Permit to allow the re-establishment of a neighborhood store (former Morihara Store) on approximately 10,000 square feet of land situated within the State Land Use Agricultural District. The property is located along the southeast (mauka) side of Highway 11 and across from the Highway 11  City of Refuge Road junction, Keokea, South Kona, Hawaii, TMK: 8-4-15: portion of 10. Mr. Hayashi informed the Commissioners that the Applicant€s representative, Mr. Sidney Fuke sent a letter to the Commission requesting that this item be continued because he needed more time to review the application and touch basis with the State Department of Transportation. In that letter Mr. Fuke also stated that he would not be present at this meeting. Mr. Hayashi said thathetoldMr.Fukethatwouldbeokay.Mr.Hayashistatedthatonthatbasisitis 1 recommended to continue this matter to the next Kona meeting or when we hear from the Applicant€s representative as to when those issues have been resolved. It was moved by Commissioner Alameda and seconded by Commissioner Mcall that the request for continuance be honored. There was no discussion. Motion was unanimously carried by a voice vote of all Commissioners in attendance. TOOMAN FAMILYThe Commission took this item up at 9:19 a.m. with TRUST ETALapproximately 3 people from the public in attendance. KANEHOA ESTATES SUBDIVISION, OULI, SOUTH KOHALA APPLICANTS: TOOMAN FAMILY TRUST ETAL (SLU 05-001/REZ 05-001) a.State Land Use Boundary Amendment from Agricultural to Rural for 5.312 acres of land. b.Change of Zone from Agricultural 5-acre (A-5a) to Residential and Agricultural 2-acre (RA-2a) for 5.312 acres of land. The property is located along the south side of Kawaihae Road with access from Kanehoa Street, Kanehoa Estates Subdivision, Ouli, South Kohala, Hawaii, TMK:6-2-9:26. Mr. Hayashi oriented the Commission and public of the subject and surrounding properties on the location map and site plan. Mr. Hayashi stated that the Applicants consist of the three landowners,whichistheToomanFamilyTrust,MarkR.Rice,RLTandPatriciaRice,RLT.He stated that the applicant currently has 2 existing dwellings on the property. One of the dwellings was constructed as a ohana dwelling in 1988 when ohana permits were being approved by the Planning Department. He stated that the applicants are proposing to subdivide the property into 2 lots that will be 2+ acres each, one that is currently a flag lot. He confirmed that access to these lots would be from Kanehoa Street, which is a private roadway with a 50-foot right of way with a 16-foot wide pavement. The lots have individual treatment system. He state that the Director is recommending approval of the State Land Use Boundary Amendment and the Change of Zone with conditions. There were no questions from the Commissioners to the Staff. The Applicant€s representative, Mr. Greg Mooers stated that he received the background report and stated that the property was CPR€d 20 years ago and 2 houses were constructed since that time and they each have their own water meter. He stated that the Toomans and the Rice live on the property as they have for 17 and 18 years so the result of this action would be no increased density, no increased traffic; it€s just a matter of changing the ownership from a CPR unit to a subdivided lot. He believes this is consistent with the County€s position in opposition to CPR€s. There were no questions from the Commissioners for the Applicant€s representative. There was no one from the pubic to testify. 2 It was moved by Commissioner Siracusa and seconded by Commissioner McCall to approve the State Land Use Boundary Amendment Application SLU 05-001 and send a favorable recommendation to the County Council. Motion was carried with 6 ayes by roll call vote of all Commissioners present. It was moved by Commissioner Siracusa and seconded by Commissioner McCall to approve the Change of Zone Application REZ 05-001 and send a favorable recommendation to the County Council. Motion was carried with 6 ayes by roll call vote of all Commissioners present. HUALALAI ACADEMY,The Commission took this item up at 9:28 a.m. with INC.approximately 30 people from the public in attendance. nd HONOKOHAU 2, NORTH KONA APPLICANT: HUALALAI ACADEMY, INC. Amendment to condition no. 3 (increase in enrollment from 210 to 360 students) of Special Permit No. 1011, which allowed the development of a private school and related improvements on approximately 14.785 acres of land situated within the State Land Use Agricultural District. The property is the existing site of the Hualalai Academy School situated on the west (makai) side of the Kealakaa Street  Hao Kuni Street intersection, approximately 2,300 feet north of the nd Kealakehe Elementary and Intermediate School Complex, Honokohau 2, North Kona, Hawaii, TMK: 7-4-8:64. Chairperson Springer presented the basics of the application to the Commission. Mr. Hayashi stated that he was approached by the Applicant€s Representative Mr. Lim requesting that the Commission proceed with agenda item number 4 as he was expecting the arrival of his clients at 10:00 along with some students who will be testifying on this matter. Chairperson Springer stated that the Commission will honor the request and proceed to the agenda item #4. This discussion ended at 9:32 a.m. KPCVILLAGES,TheCommissiontookthisitemupat9:33a.m.with LLC.approximately 30 people from the public in attendance. rd PUAA 3 NORTH KONA APPLICANT: KPC VILLAGES, LLC (REZ 04-033/SMA 04-009) a.ChangeofZonefromMultiple-FamilyResidential1,000squarefeet(RM-1)toResort- Hotel750 square feet (V-.75) for approximately 51,052 square feet of land. 3 b.SpecialManagement Area Use Permit to allow the development of sixty-seven (67) multiple family residential units and commercial spaces within a 45-foot high structure, and related improvements. The property is located on the mauka side of Alii Drive across from Huggo's Restaurant rd and the Royal Kona Resort Hotel complex, Kailua-Kona, Puaa 3, North Kona, Hawaii, TMK: 7-5-9:23. KPC VILLAGESThe Commission took this item up at 9:35 a.m. with LLC.approximately 30 people from the public in attendance. rd PUAA 3, NORTH KONA APPLICANT: KPC VILLAGES, LLC (SMA USE PERMIT NO. 276) Revocation of Special Management Area Use Permit No. 276, which allowed the development of a 48-unit condominium project and related improvements. The property is located on the mauka side of Alii Drive across from Huggo's Restaurant and the Royal Kona Resort Hotel rd complex, Kailua-Kona, Puaa 3, North Kona, Hawaii, TMK: 7-5-9:23. Chairperson Springer presented the basics of the application to the Commission. Mr. Hayashi stated that the Applicant€s Representative Sandra Song submitted a request to have this item and agenda item number 5 continued to the next Kona Commission meeting. Ms. Song was sworn in and then proceeded to explain to the Commission that they are requesting a continuance because when the application was filed in 2004 notices were sent to the adjoining property owners within 300 feet according to thelist provided by the tax records. She said that subsequently when they received notice of the Planning Commission hearing they again sent out notices to adjoining property owners fromthe current tax records. That notice was sent ndth out on May 2. On May 11 she received a letter from the manager of the Kona Billfisher Timeshare Condominium Resort Project with the noticeand alist of 780 timeshare owners requesting that she serve the notice to all 780 timeshare owners. She stated that between May thth 12 and 16 all 780 owners were served. However the meeting date was so close that the Applicant felt in fairness to all they continue this another month so that new notices can be sent out and then there will be no objection about timing. She further stated that they understand that if this is continued that the time for the Contested Case filing is also continued to the next hearing. There were no questions for the Applicant€s Representative from the Commissioners. On agenda item number 4, KPC Villages, LLC, REZ 04-033/SMA 04-009 it was moved by Commissioner Alameda and seconded by Commissioner McCall to approve the request for continuance to the next Kona meeting. Motion carried with 6 ayes by roll call vote of all Commissioners present. 4 Onagenda item number 5, KPC Villages, LLC, SMA USE PERMIT No. 276 it was moved by Commissioner Alameda and seconded by Commissioner McCall to approve the request for continuance to the next Kona meeting. RECESSED:The Chair called for a recess at 9:37 a.m. RECONVENED:The meeting reconvened at 10:04 a.m. HUALALAI ACADEMY,The Commission took this item up at 10:04 a.m. with INC.approximately 30 people from the public in attendance. nd HONOKOHAU 2, NORTH KONA APPLICANT: HUALALAI ACADEMY, INC. Amendment to condition no. 3 (increase in enrollment from 210 to 360 students) of Special Permit No. 1011, which allowed the development of a private school and related improvements on approximately 14.785 acres of land situated within the State Land Use Agricultural District. The property is the existing site of the Hualalai Academy School situated on the west (makai) side of the Kealakaa Street  Hao Kuni Street intersection, approximately 2,300 feet north of the nd Kealakehe Elementary and Intermediate School Complex, Honokohau 2, North Kona, Hawaii, TMK: 7-4-8:64.The Commission took this item up at 10:04 a.m. with approximately 30 people from the public in attendance. (SEE EXHIBIT A) RECESSED:The Chair called for a recess at 11:09 a.m. RECONVENED:The meeting reconvened at 11:18 a.m. COUNTY COUNCILThe Commission took this item up at 11:18 a.m. with (Bill No. 23, Draft 2)approximately 11 people from the public in attendance. INITIATOR: COUNTY COUNCIL (Bill No. 23, Draft 2) Draft Bill amending Chapter 14, Hawaii County Code, by adding a new article to provide enhanced public notice of proposed development. (SEE EXHIBIT B) WESLEY AND KELLEYThe Commission took this item up at 11:38 a.m. with HUGGETTapproximately13peoplefromthepublicinattendance. KAHULUI NORTHKONA APPLICANT:WESLEYANDKELLEYHUGGETT(FormerlyERICSOTO-SMA03- 007) 5 Continued hearing on a Special Management Area Use Permit application to allow the construction of a three and one-half story, 45-foot high, 12-unit multi-family residential development and related improvements on approximately 15,203 square feet of land. The property is located on the west (makai) side of Alii Drive,adjacent to and north of the Sea Village Condominium complex, Kahului, North Kona, Hawaii, TMK: 7-5-19:30. (SEE EXHIBIT C) ADJOURNMENT The Chair declared the meeting adjourned at 1:45 p.m. due to a lack of quorum. The following items were automatically continued to a future meeting: MINUTES April 22, 2005 ADMINISTRATIVE MATTERS Status of appeals filed on Planning Commission decisions  Corporation Counsel Other Commission matters Respectfully submitted, LynetteSanemitsu, West Hawaii Secretary A T T E S T: Hannah Springer, First Vice-Chairperson 6