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HomeMy WebLinkAbout2005-02-18 Planning Commission Minutes PLANNING COMMISSION COUNTY OF HAWAI`I MINUTES FEBRUARY 18, 2005 The Planning Commission met for a site inspection at 9:07 a.m. on Steve Holmes’ property in the Kahaluu Beach Lots, Kailua-Kona, North Kona, Hawai`i and at 9:50 a.m. in the King Kamehameha's Kona Beach Hotel, Kamakahonu Ballroom, 75-5660 Palani Road, Kailua-Kona, Hawaii with Chairperson Fred Galdones presiding. PRESENT:Fred GaldonesABSENT & EXCUSED:Rene’ Siracusa William GrahamEarl Fujikawa Jeffrey McCall C. Kimo Alameda Francis Smith Hannah Springer Ivan Torigoe, Deputy Corporation Counsel Christopher Yuen, Planning Director Norman Hayashi, Planning Program Manager Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner SITE VISITThe Commission took this item up at 9:07 a.m. with STEVE HOLMES3 people from the public in attendance. KAHALUU BEACH LOTS NORTH KONA APPLICANT: STEVE HOLMES Site visitation on an application for Special Management Area (SMA) Use Permit to allow the conversion of a single family dwelling into a 3-unit multiple family residential structure and related improvements. The 5,419 square foot property is located approximately 230 feet east (mauka) of Alii Drive and Kahaluu Beach Park, Kahaluu Beach Lots, North Kona, Hawaii, TMK: 7-8-14:41. The Planning Commissioners met on a private driveway entering the Holmes’ property and proceeded up the driveway to the Holmes’ house. There are at least three separate dwellings sharing the driveway, the Holmes’ dwelling being the unit at the inside end of the driveway. The Commissioners were shown where the water comes down the driveway from the vacant property above the Holmes’ lot and flows down near the four-plex below the Holmes’ property. The Commissioners were also shown the area where pea gravel was brought in to fill in part of the driveway and the direction of the flow from that driveway. It was also pointed out that there is no rain gutter on the Holmes’ house. At the end of the visitation the Commissioners walked down the driveway to Alii Drive to view driveway. 1 RECESSEDThe site visitation concluded at 9:15 a.m. and the Chair recessed the meeting until the scheduled 9:45 a.m. public hearings. RECONVENEDThe meeting reconvened at 9:48 a.m. in the Kamehameha's Kona Beach Hotel, Kamakahonu Ballroom, 75-5660 Palani Road, Kailua-Kona, Hawaii. The Chair introduced the Commissioners and staff to members of the public. ( REZ 04-032)The Commission took this item up at 9:50 a.m. with KIMI COOK WALLS 4 people from the public in attendance. AND ROBERT WALLS ST KAHUA 1, NORTH KOHALA APPLICANTS: KIMI COOK WALLS AND ROBERT WALLS (REZ-04-032) Application for a Change of Zone for 7.74 acres from an Agricultural 5-acre (A-5a) to a Family Agricultural 3-acre (FA-3a) district. The property is located along the north side of Ala Kahua Drive, approximately 2,000 feet from the Ala Kahua Drive – Akoni Pule Highway (Highway st 270) intersection, Kohala Estates Subdivision, Kahua 1, North Kohala, Hawaii, Tax Map Key: 5-9-6:5. (SEE EXHIBIT A) (SPP 04-022)The Commission took this item up at 9:57 a.m. with KENNETH VEROSKO2 people from the public in attendance. KEOKEA, SOUTH KONA APPLICANT: KENNETH VEROSKO (SPP 04-022) Application for a Special Permit to allow the establishment of a Smoothie stand on a 0.5-acre area situated within the State Land Use Agricultural District. The area involved is a portion of the South Kona Fruit Stand and Nursery located along the east (mauka) side of Mamalahoa Highway (Highway 11) and approximately 1,200 feet south of the Mamalahoa Highway – City of Refuge Road junction, Keokea, South Kona, Hawaii, Tax Map Key: 8-4-15: portion of 4. Mr. Darrow informed the Commissioners that the Commission received a letter dated January 28, 2005 from the applicant requesting a continuance for this application while they resolve th issues regarding the water. He also stated that a February 10 memorandum from the Water Department seemed to indicate the matter was being resolved; however, at this point the applicant is requesting a continuance of the hearing to the next West Hawai`i meeting. As there were no objections to the continuance, the Chairman stated that the record will reflect that the hearing is being continued at the request of the applicant and will be placed back on the agenda when the water issue has been resolved. 2 RECESSEDThe Chair called a short recess at 10:05 a.m. RECONVENEDThe meeting reconvened at 10:15 a.m. (REZ 04-029)The Commission took this item up at 10:15 a.m. with KRISTINA DEUTSCH2 people from the public in attendance. KALOKO, NORTH KONA APPLICANT: KRISTINA DEUTSCH (REZ 04-029) Application for a Change of Zone for approximately 20.475 acres from an Agricultural 20-acre (A-20a) to an Agricultural 10-acre (A-10a) district. The property is located along the southwest side of Kaloko Drive across from the Kaloko Drive-Haleamau Street intersection, Kaloko Mauka Subdivision, Kaloko, North Kona, Hawai`i, TMK: 7-3-26:11. (SEE EXHIBIT B) (REZ 04-030)The Commission took this item up at 10:37 a.m. with BRUCE R. EASLEY2 people from the public in attendance. KALOKO, NORTH KONA APPLICANT: BRUCE R. EASLEY (REZ 04-030) Application for a Change of Zone for approximately 20.254 acres from an Agricultural 20-acre (A-20a) to an Agricultural 10-acre (A-10a) district. The property is located along the north side of Kaloko Drive, approximately 2,600 feet southwest of the Kaloko Drive – Kapehe Street intersection, Kaloko Mauka Subdivision, Kaloko, North Kona, Hawai`i, TMK: 7-3-27:7. Mr. Hayashi oriented the Commission and the public on the subject and surrounding properties on the location map and site plan and summarized the request. He said that the applicant proposes to construct a single family dwelling on each of the lots. He stated that the background report was drafted before the Water Department’s comments were received. He noted that the background report indicates on page 4, item number 22 that the waterline is 8-inch however the Department of Water Supply confirmed that it is 4-inch waterline servicing the property. He also stated that the revised Condition H similar to the previous application was sent to the Commissioners. There were no questions for Mr. Hayashi. The applicants’ representative, Gregory Mooers received the background report and recommendations from the County and had no comments to offer. The Commissioners had no questions for Mr. Mooers. There was no one from the public wishing to testify on this agenda item. There was no closing statement by Mr. Mooers. 3 The Chair stated that the Planning Director recommends a favorable recommendation be forwarded to the County Council. It was moved by Commissioner Springer and seconded by Commissioner McCall to send a favorable recommendation to the Hawai`i County Council for the reasons and with the conditions as recommended by the Planning Director including the amended Condition H. A roll call vote was taken and motion carried with six ayes (Springer, Mccall, Alameda, Graham, Smith and Galdones) and two absent and excused (Siracusa and Fujikawa). (REZ 04-031)The Commission took this item up at 10:39 a.m. with MATTHEW K. MATHERwith approximately 3 people from the public in attendance. KALOKO, NORTH KONA APPLICANT: MATTHEW K. MATHER (REZ 04-031) Application for a Change of Zone for approximately 21.695 acres from an Agricultural 20-acre (A-20a) to an Agricultural 10-acre (A-10a) district. The property is located along the north side of Kaloko Drive, approximately 2,100 fee southeast of the Kaloko Drive-Haleamau Street intersection, Kaloko Mauka Subdivision, Kaloko, North Kona, Hawai`i, TMK: 7-3-27:6. Mr. Hayashi oriented the Commissioners and public of the subject and surrounding properties on the location map and site plan and summarized the request. He noted that the applicant intends to subdivide the property into two 10-acre size lots; one of the lots has an existing dwelling, and the applicant intends to construct a single family dwelling at the estimated value of $450,000 on the vacant lot. He stated that the Planning Director is recommending approval with a revised Condition H and an amendment to the background report indicating a 4-inch water line servicing the property as noted by the Department of Water Supply’s comment. Commissioner Springer queried Mr. Hayashi about page 3 of the recommendation, resolution 5897. Mr. Hayashi responded that there were two resolutions, and the current resolution supercedes the previous resolutions. The applicants’ representative, Gregory Mooers received the background report and recommendations from the County and had no comments to offer. The Commissioners had no questions for Mr. Mooers. There was no one from the public wishing to testify on this agenda item. In closing, Mr. Mooers stated that he just wanted to point out that the Easely’s are two brothers, the Deutsch’s are two sisters, and in this case it’s a father and son. The Chair stated that the Planning Director recommends a favorable recommendation be forwarded to the County Council. It was moved by Commissioner Alameda and seconded by Commissioner Springer to send a favorable recommendation to the Hawai`i County Council for the reasons and with the 4 conditions as recommended by the Planning Director including the amended Condition H and an amendment to the background report of a 4-inch waterline servicing the property as noted by the Department of Water Supply’s comment. A roll call vote was taken and motion carried with six ayes (Alameda, Springer, Graham, McCall, Smith and Galdones) and two absent and excused (Siracusa and Fujikawa). (SV 04-004)The Commission took this item up at 10:39 a.m. with HALE HANA PARTNERS2 people from the public in attendance. KAILUA-KONA, NORTH KONA APPLICANT: HALE HANA PARTNERS (SV 04-004) Application for a Sign Variance to allow deviations from the requirements of Chapter 3 (Advertising and Signs), Article 2 (Kailua Village Signs), Division 1, Sections 3-72 (sign and lettering size), 3-73 (number of signs) and 3-74 (sign height) of the Hawai`i County Code, as amended. The property is located between the Queen Kaahumanu Highway and Luhia Street and known as the Hale Hana Center, Kailua-Kona, North Kona, Hawai`i , TMK: 7-4-15:18. (SEE EXHIBIT C) RECESSEDThe Chairman called for a 5-minute recess at 10:55 a.m. RECONVENEDThe meeting reconvened at 11:00 a.m. (SMA 04-008)The Commission took this item up at 11:01 a.m. with STEVE HOLMES7 people from the public in attendance. KAHALUU BEACH LOTS, NORTH KONA APPLICANT: STEVE HOLMES (SMA 04-008) Continued hearing on the application for a Special Management Area (SMA) Use Permit to allow the conversion of a single family dwelling into a 3-unit multiple family residential structure and related improvements. The 5,419-square foot property is located 230 feet east (mauka) of Alii Drive and Kahaluu Beach Park, Kahaluu Beach Lots, North Kona, Hawai`i, TMK: 7-8-14:41. (SEE EXHIBIT D) (SSV 04-001)The Commission took this item up at 11:40 a.m. with DALE LAURANCEone person from the public in attendance. KONA BAY ESTATES SUBDIVISION, KAILUA-KONA APPLICANT: DALE LAURANCE (SSV 04-001) Action on the application for a Shoreline Setback Variance to allow the construction of a swimming pool with a shoreline setback of five (5) feet in lieu of the minimum requirement of 5 twenty (20) feet. The property is situated along the south (makai) side of the Kona Bay Estates private subdivision road, Kona Bay Estates Subdivision, Kailua-Kona, Hawai`i, TMK: 7-5-5:37. Mr. Darrow informed the Commissioners that a letter dated February 16, 2005 from the applicant’s representative, Attorney Randy Vitousek, requested that the application be withdrawn. The Chairman noted that the item will no longer be on the agenda, and there is no further action that will be required by the Planning Commission. AMENDMENTSThe Commission took this item up at 11:42 a.m. TO ZONING CODEwith no one from the public in attendance. PLANNING DIRECTOR MG DISTRICTS INITIATOR: PLANNING DIRECTOR a)Amendment to Section 25-5-152 (a) of Chapter 25 (Zoning Code), Hawaii County Code, by allowing the expansion of an existing commercial excavation operation within the General Industrial (MG) district, provided that plan approval is secured from the Planning Director. b)Amendment to Section 25-5-152 (b) of Chapter 25 (Zoning Code), Hawaii County Code, by allowing commercial excavation within the General Industrial (MG) district, provided that a Use Permit is obtained from the Planning Commission. Mr. Hayashi oriented the Commissioners and the public on the proposed amendments. The Commissioners had no questions or comments on this item. Planning Director Yuen mentioned that under the current code the only place where a quarry is allowed is in the Agricultural district via the special permit process. He said it used to be where was quarry was allowed in the heavy industrial area, which makes sense, but it would still require a use permit. He said to expand an existing quarry would just require plan approval, which is an administrative step, and at that time things like ingress and egress, issues of where the excavation would be in relation to other public rights of way and safety issues would be reviewed. There were no questions for Mr. Yuen by the Commissioners. The Chair stated that the Planning Director recommends a favorable recommendation be forwarded to the County Council. Regarding the amendment to Section 25-5-152 (a) of Chapter 25 (Zoning Code), Hawaii County Code, it was moved by Commissioner Springer and seconded by Commissioner Alameda that a favorable recommendation be forwarded to the Hawai`i County Council as recommended by the Planning Director. There was no discussion. A roll call vote was taken and motion carried with six ayes (Springer, Alameda, Graham, Mccall, Smith and Galdones) and two absent and excused (Siracusa and Fujikawa). 6 Regarding the amendment to Section 25-5-152 (b) of Chapter 25 (Zoning Code), Hawaii County Code, it was moved by Commissioner Springer and seconded by Commissioner Alameda that a favorable recommendation be forwarded to the Hawai`i County Council as recommended by the Planning Director. There was no discussion. A roll call vote was taken and motion carried with six ayes (Springer, Alameda, Graham, Mccall, Smith and Galdones) and two absent and excused (Siracusa, Fujikawa). AMENDMENT TO RULE 9The Commission took this item up at 11:01 a.m. with PLANNING DIRECTORapproximately 7 people from the public in attendance. ACT 169 & ACT 76 INITIATOR: PLANNING DIRECTOR Amendment to Planning Commission Rule 9 to incorporate changes adopted by Act 169 and Act 76 of the 2001 and 2004 State Legislative Sessions, respectively, and for consistency with other applicable sections of Chapter 205A, Hawaii Revised Statutes. Minor housekeeping changes are also proposed. (SEE EXHIBIT E) MINUTES - The Commission took up the following minutes at this time, 12:04 p.m. December 2, 2004 - It was moved by Commissioner Springer and seconded by Commissioner McCall that the Commission approve and accept the minutes as circulated and have it placed in file. There was no discussion. Motion was unanimously carried by a voice vote of all Commissioners in attendance. December 3, 2004 - It was moved by Commissioner Springer and seconded by Commissioner McCall that the Commission approve and accept the minutes as circulated and have it placed in file. There was no discussion. Motion was unanimously carried by a voice vote of all Commissioners in attendance. December 17, 2004 - It was moved by Commissioner Springer and seconded by Commissioner McCall that the Commission approve and accept the minutes as circulated and have it placed in file. There was no discussion. Motion was unanimously carried by a voice vote of all Commissioners in attendance. ADMINISTRATIVEThe Commission took up the following administrative MATTERSmatters at this time, 12:05 p.m. Status of appeals filed on Planning Commission decisions – Corporation Counsel - Mr. Torigoe stated that he did not have anything new to report. Upon Commissioner Graham’s inquiry regard Ainaloa Development Corporation’s Appeal, Mr. Torigoe stated that Judge Glenn th Hara has scheduled a briefing and argument on this appeal on May 27 at 10:00 a.m. Commissioner Springer later inquired as to the status of the Blasman contested case hearing, to which Mr. Yuen advised the Commissioners not to throw away their files as yet, but that there is definitely a lot of progress being made as far as finalizing a land acquisition with the State. 7 Open Discussion Session – Upon Commissioner Springer inquired about scheduling another open discussion session with the Planning Director similar to that which they had at the December 3, 2004 meeting regarding traffic and affordable housing issues in West Hawaii. Mr. Yuen said that a meeting will be set some time in the near future at a meeting when the Commission’s agenda is not too full, and stated that he would like to have a discussion with the Commissioners on a report he is working on, which is a review of what has been done in the last 4 years in the present administration, particularly with respect to rezoning as far as such things as how many rezonings were approve, how many units have been rezoned, what’s happening with them and where does it fit in with the bigger picture. Commissioner Springer thanked Mr. Yuen for such a report as it was a matter of context that she has grappled with at the last meeting and noted that Commissioner Graham brought up the matter of cumulative effects again today. ANNOUNCEMENTSThe Commission took up the following under announcements at this time, 12:07 p.m. Planning Commission Meetings - Mr. Hayashi noted that the next meeting is scheduled for rdth March 3 in Hilo and March 4 in Kau and he urged the five Commissioners who committed themselves to attend the meeting to do so as there would not be a quorum otherwise. Vacant Planning Commission Positions – In response to Commissioner Graham’s inquiry, Mr. Yuen said the Mayor is working on filling the vacant positions on the Planning Commission. Mr. Hayashi informed the Chair that a Commissioner may be held over for a period no longer than 90 days. The Chair thanked the Commissioners for bearing with him and being cooperative in moving the agenda along. ADJOURNMENTThere being no further business the Chair declared the meeting adjourned at 12:11 p.m. Respectfully submitted, Lynette Sanemitsu, West Hawai‘i Secretary A T T E ST: Fred Galdones, Chairman 8