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HomeMy WebLinkAbout2004-05-28 Planning Commission Minutes PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES MAY 28, 2004 The Planning Commission met in regular session at 9:00 a.m. in the King Kamehameha's Kona Beach Hotel, Kamakahonu Ballroom, 75-5660 Palani Road, Kailua-Kona, Hawai`i, with First Vice-Chairman Earl Fujikawa presiding. PRESENT:Earl FujikawaABSENT & EXCUSED:Fred Galdones Christian Alameda Bill Graham Jeffrey McCall Francis Smith Hannah Springer Bill Thibadeau Ivan Torigoe, Deputy Corporation Counsel Christopher J. Yuen, Planning Director Norman Hayashi, Planning Program Manager Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner Kiran Emler representing Department of Public Works The Chair introduced the Commissioners and staff to members of the public. REZ 03-027The Commission took this item up at 9:03 a.m. with U OF N BENCORPapproximately 13 people from the public in attendance. WAIAHA, NORTH KONA APPLICANT: U OF N BENCORP (REZ 03-027) Continued hearing on the application for a Change of Zone for 61.949 acres of land from: a.Agricultural 1-acre (A-1a) to Multiple Family Residential 4,000 square feet (RM-4): 32.489 acres. b.A-1a to Village Commercial 1-acre (CV-1a): 24.098 acres. c.Double Family Residential 3,750 square feet (RD-3.75) to CV-1a: 2.442 acres. d.Single Family Residential 7,500 square feet (RS-7.5) to CV-1a: .073 acre. e.RS-7.5 to RM-4: 2.847 acres. The property is located between Kuakini Highway and the Hualalai Road – Queen Kaahumanu Highway junction, adjacent to and south of the University of the Nations- Kona campus and north of the Kona Hillcrest Subdivision, Waiaha, North Kona, Hawai‘i, TMK: 7-5-10:85 and 7-5-17:6. 1 Mr. Hayash noted the Planning Director is requesting the hearing be continued to the next th meeting tentatively scheduled for June 18 to resolve various issues, noting the applicant may be revising a portion of the proposed development. A member of the public stated she and others were in support of the application. It was then moved by Commissioner Springer and seconded by Commissioner Smith to continue this matter as requested by the Planning Director. A roll call vote was taken and motion carried with seven ayes (Springer, Smith, Thibadeau, Alameda, Graham, McCall and Fujikawa) and one absent and excused (Galdones). USE 04-002The Commission took this item up at 9:04 a.m. with SHAWN NAKAKURAapproximately 13 people from the public in attendance. AND SAM LEE ND AUHAUKEAE 2, NORTH KONA APPLICANTS: SHAWN NAKAKURA AND SAM LEE (USE 04-002) Continued public hearing for a Use Permit to allow the operation of a cremation business within portion of a warehouse building situated within the Limited Industrial 1-acre (ML-1a) district. The property is located along the north side of Hulikoa Drive within the Kohanaiki Business Park Subdivision which is situated along the east side of Queen nd Kaahumanu Highway (Highway 19), Auhaukeae 2, North Kona, Hawai‘i, TMK: 7-5-9:25. (SEE EXHIBIT A) SLU 04-002/REZ 04-005The Commission took this item up at 10:52 a.m. with NEDRA ROBERTSapproximately 11 people from the public in attendance. SOUTH KOHALA APPLICANT: NEDRA ROBERTS (SLU 04-002/REZ 04-005) a.State Land Use Boundary Amendment for 5.832 acres from the Agricultural to the Rural District. b.Change of Zone for 5.832 acres from an Agricultural 5-acre (A-5a) to a Residential and Agricultural 2-acre (RA-2a) district. The property is located in the Anekona Estates Subdivision on the north side of Kanehoa Street, approximately 2,350 feet east of the Anekona Street-Kanehoa Street intersection at Ouli, South Kohala, Hawai‘i, TMK: 6-2-11:10. Mr. Hayashi oriented the Commission and public of the subject and surrounding properties on the location map and site plan, summarized the requests, and noted the Planning Director is requesting approval of the applications with conditions on the change of zone application. 2 The applicant’s representative, Greg Mooers, stated he did receive the Staff’s background report and recommendation. He said the staff adequately explained the application, which is very similar to the other 23 projects and conditions imposed that have been done in this area. Mr. Yuen said that since the project does abut the Kawaihae Road there should be a specific condition imposed on the change of zone application that the lot shall not have direct access to Kawaihae Road. Mr. Mooers stated the applicant would have no objections to such a condition. There was no one from the public wishing to testify on these agenda items. Regarding SLU 04-002, it was moved by Commissioner Springer and seconded by Commissioner Smith to send a favorable recommendation to the County Council based on and incorporating the Planning Department’s background report and recommendation. A roll call vote was taken and motion carried with seven ayes (Springer, Smith, Thibadeau, Alameda, Graham, McCall, and Fujikawa) and one absent and excused (Galdones). Regarding REZ 04-005, it was moved by Commissioner Springer and seconded by Commissioner Smith to send a favorable recommendation to the County Council based on and incorporating the Planning Department’s background report and recommendation, with conditions, and the following new Condition E, and the remaining conditions realphabetized accordingly, “No access to the property shall be allowed to and from Kawaihae Road.” A roll call vote was taken and motion carried with seven ayes (Springer, Smith, Thibadeau, Alameda, Graham, McCall, and Fujikawa) and one absent and excused (Galdones). SLU 04-003/REZ 04-006The Commission took this item up at 11:01 a.m. with GARY AND approximately 7 people from the public in attendance. BETSY QUEEN OULI, SOUTH KOHALA APPLICANTS: GARY AND BETSY QUEEN (SLU 04-003/REZ 04-006) a.State Land Use Boundary Amendment for 5.002 acres from the Agricultural to the Rural district. b.Change of Zone for 5.002 acres from an Agricultural 5-acre (A-5a) to a Residential and Agricultural 2-acre (RA-2a) district. The property is located in the Anekona Estates Subdivision on the south side of Kanehoa Street, approximately 1,950 feet east of the Anekona Street-Kanehoa Street intersection at Ouli, South Kohala, Hawai‘i, TMK: 6-2-11:16. Mr. Hayashi oriented the Commission and public of the subject and surrounding properties on the location map and site plan, summarized the requests, and noted the 3 Planning Director is requesting approval of the applications with conditions on the change of zone application. The applicant’s representative, Gregory Mooers, added to the staff’s background report and recommendation that presently the property has a CPR on two lots; and the CPR will be dissolved through the subdivision process if the rezoning is successful. There was no one from the public wishing to testify on these agenda items. Commissioner Springer commented that she was glad to see the County making better use of the rural designation and also dissolving the CPR as the applicant’s representative discussed. Regarding SLU 04-003, it was moved by Commissioner Springer and seconded by Commissioner Smith to send a favorable recommendation to the County Council based on and incorporating the Planning Department’s background report and recommendation. A roll call vote was taken and motion carried with seven ayes (Springer, Smith, Thibadeau, Alameda, Graham, McCall, and Fujikawa) and one absent and excused (Galdones). Regarding REZ 04-006, it was moved by Commissioner Springer and seconded by Commissioner Smith to send a favorable recommendation to the County Council based on and incorporating the Planning Department’s background report and recommendation, with conditions. A roll call vote was taken and motion carried with seven ayes (Springer, Smith, Thibadeau, Alameda, Graham, McCall, and Fujikawa) and one absent and excused (Galdones). RECESSEDThe Chair called a short recess at 11:08 a.m. RECONVENEDThe meeting reconvened at 11:15 a.m. REZ 04-002 The Commission took this item up at 11:15 a.m. with WILLAM H. McCLINTICK approximately 6 people from the public in attendance. KALOKO, NORTH KONA APPLICANT: WILLAM H. McCLINTICK (REZ 04-002) Change of Zone for 25.687 acres of land from an Agricultural 20-acre (A-20a) to an Agricultural 10-acre (A-10a) district. The property is located along the east side of Kaloko Drive and Makahi Steet, Kaloko Mauka Subdivision, Kaloko, North Kona, Hawai‘i, TMK: 7-3-26:15. Mr. Hayashi oriented the Commission and public of the subject and surrounding properties on the location map and site plan, summarized the requests, and noted the Planning Director is requesting approval of the application with conditions. 4 The applicant, William H. McClintick, and his representative, Gregory Mooers, were in attendance. Mr. Mooers requested Condition K regarding fair share assessments be deleted as the proposed action does not increase the density to the area as each of the lots already has a single family home, noting the rezoning will constrain the property with the regulations related to forest preservation. Mr. Yuen opposed the deletion as he thought the County should make a hard and fast rule of collecting a fair share assessment toward the future improvement of the intersection for any properties that have the potential to have multiple homes on the property before rezoning. Commissioner Graham questioned whether the ohana dwelling permit would be dissolved if the rezoning request is approved as the dwelling then becomes a legal first dwelling on the property, referring to a case wherein the CPR was dissolved in an Anekona Estates application. Mr. Mooers said he was not quite sure what the answer to that question was, but he personally had a property that had a permit cancelled on a CPR unit when the rezoning was granted, noting they would have no objections to such a condition of this approval as the applicant does not intend to construct further dwellings. Commissioner Graham said he did have concern that in the future a third dwelling could be allowed under the zoning, and given that one is already an ohana it would be contrary to the intent of the Commission and applicant. He then suggested a condition be imposed that would prohibit an additional dwelling. Director Yuen said in his view the ohana status of the house simply dissolves when the property is subdivided and it was not necessary to cancel the ohana permit. With regard to the comment on page 7 of the recommendation which states “There is no evidence that the flora in the area are particularly desired or used for cultural practices,” Commissioner Springer said she believed that it was proper to say that the forest resources are valued cultural resources, especially on Merry Monarch Week and the discussion of the alala recovery plan; however, she felt Conditions D and G addresses her concern. Director Yuen agreed with Commissioner Springer and suggested that the Commission simply make a note regarding that on the cover letter to the County Council. The Chair reminded the Commission that the applicant’s representative requested deletion of Condition K and the Director requested to the contrary. There was no one from the public wishing to testify on this agenda item. It was moved by Commissioner Springer and seconded by Commissioner Smith to send a favorable recommendation to the County Council based on and incorporating the Planning Director’s background report and recommendation, with conditions, along with the following wording on the cover letter, “The forest resources are valuable and that one of the proposes of the rezoning is to protect those resources.” A roll call vote was taken 5 and motion carried with seven ayes (Springer, Smith, Thibadeau, Alameda, Graham, McCall and Fujikawa) and one absent and excused (Galdones). SMA 04-001The Commission took this item up at 11:29 a.m. with EDWARD &approximately 7 people from the public in attendance. RHONDALL RAPOZA WAIAHA, NORTH KONA APPLICANTS: EDWARD & RHONDALL RAPOZA (SMA 04-001) Special Management Area Use Permit to allow the construction of a two-story office building and related improvements. The property is located between Walua Road and Kuakini Highway, approximately 850 feet northwest of the Walua Road – Lunapule Road junction, Waiaha, North Kona, Hawai‘i, TMK: 7-5-18:91. 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 approval of the application with conditions. Commissioner Graham questioned what were the grounds for having granted the prior SMA approvals, do they constrain the Planning Commission in any way, and how does it relate to the SMA permit currently before the Commission? Mr. Darrow commented that he did not see any constraints with the previous approvals issued for the subject property, noting SMA Minor Permit 101 was for the subdivision and SMA 440 to Paul Bleck before the subdivision occurred. Mr. Yuen agreed with Mr. Darrow’s comment and noted that the SMA minor for the subdivision did not come to the Commission because the cost of improvements was less than $125,000 and if there was a residential home constructed on the property it would be exempt from any follow up by the Planning Commission. He said, however, in this case, the subdivision doesn’t grant the ultimate use of individual office buildings, which why the applicants are before the Commission. He noted that the applicant could have come in for an SMA major permit for the subdivision plus the office building complex before, but for whatever reason that was not done. The applicant, Edward Rapoza, and his representative, Greg Mooers were in attendance. Mr. Mooers clarified that the ownership of the property at the time it was subdivided belonged to someone else who created lots 7-5-18:91, 7-5-18:94, and 7-5-18:89, and the current owners are now developing their individual lots. Commissioner Graham expressed serious concerns of any loss of viewplanes from building structures rising above the level of Kuakini Highway. Mr. Mooers read portions of Dr. Ron Terry’s visual impact analysis study that there would be minimal visual impact. Mr. Mooers pointed out that the original vegetation, before the site was 6 landscaped and the grade lowered, was far more restrictive of the view than the proposed structures. First Vice-Chairman Fujikawa pointed out that the Kailua Village Design Commission was in support of the development and that the property is below the grade of Kuakini Highway. Commissioner Springer questioned if there had been any discussion of views to Hualalai. Mr. Mooers noted that one of his other clients has a project immediately across the street that will basically block the proposed structures, so that there will not be an existing view that will be altered by the proposed action. Commissioner Graham disagreed with Mr. Mooers as he felt the views would be obstructed, referring specifically to Photo Figure 12 which shows a panoramic view from Kuakini Highway over Kailua Bay towards The Point. He said he thought that Walua Road is quite a bit lower than Kuakini Highway and felt the office buildings either should be constructed no higher than the level of Walua Road, which would require digging and lowering of the existing grade, or the structure to be limited to one-story. In response, Mr. Mooers reiterated that prior to the development of the subdivision there were no visual views; and the developer of the subdivision removed the vegetation and actually lowered the grade of those lots down near Walua Road so it is substantially below Kuakini Highway, referring to Photo Figure 11. He said it appears the applicant is now being penalized for removing the vegetation that, in effect, blocked everyone’s view, noting there will now be a better view. There was no one from the public wishing to testify on the application. It was moved by Commissioner Springer and seconded by Commissioner Smith that the application be approved based on and incorporating the Planning Department’s background report and recommendation, with conditions. A roll call vote was taken and motion carried with six ayes (Springer, Smith, Alameda, McCall, Thibadeau, Fujikawa), one no (Graham), and one absent and excused (Galdones). SMA 04-002The Commission took this item up at 11:50 a.m. with EDWARD RAPOZAapproximately 5 people from the public in attendance. WAIAHA, NORTH KONA APPLICANT: EDWARD RAPOZA (SMA 04-002) Special Management Area Use Permit to allow the construction of a 2-story office building and related improvements. The property is located between Walua Road and Kuakini Highway, approximately 1,050 feet northwest of the Walua Road – Lunapule Road junction, Waiaha, North Kona, Hawai‘i, TMK: 7-5-18:94. 7 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 requesting approval of the application with conditions. In response to Commissioner Graham’s inquiry, Mr. Darrow said the pictures being circulated indicates an 8- to 12-foot drop from Kuakini Highway to the actual tier of the property’s location. The applicant’s representative, Gregory Mooers, pointed out that the owners of the property, Walua Commercial Ventures, are a group of professionals in the community building these structures for their own offices. He noted that, as Commissioner Graham had recommended, they are attempting to build at the Walua Road level rather than the Kuakini Highway level. In response to Commissioner Springer’s inquiry, Mr. Mooers said his assumption is that in order to construct the requested number of suites, plus the applicable parking and required landscaping because this is in the Kailua Village Design District, it would be difficult to construct a single-story structure. Commissioner Springer said she did take to heart the October 28, 2003 Kailua Village Design Committee’s approval recommendation of the project, and to which the Chair noted that he does seriously consider their recommendations in his decisions. There was no one from the public wishing to testify on this application. It was moved by Commissioner Springer and seconded by Commissioner Smith that the application be approved based on and incorporating the Planning Department’s background report and recommendation, with conditions. A roll call vote was taken and motion carried with six ayes (Springer, Smith, Alameda, McCall, Thibadeau and Fujikawa), one no (Graham), and one absent and excused (Galdones)). SMA 04-004The Commission took this item up at 11:58 a.m. with PAUL BLECKapproximately 4 people from the public in attendance. WAIAHA, NORTH KONA APPLICANT: PAUL BLECK (SMA 04-004) Special Management Area Use Permit to allow the construction of a 2-story office building, which includes two dwelling units. The property is located between Walua Road and Kuakini Highway, approximately 685 feet northwest of the Walua Road – Lunapule Road junction, Waiaha, North Kona, Hawai‘i, TMK: 7-5-18:89. 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 requesting approval of the application with conditions. 8 The applicant, Paul Bleck, stated that this was the third in a row of residence office buildings designed for this area. He said there will be two small efficiency units on the first floor with two small office spaces adjoining those and the upper level will be occupied by Classic Physics, a pilates studio. He added that part of the building extends over half the parking lot in the rear which will provide shade the vehicles. Commissioner Springer pointed out that the Kailua Village Design Commission did review this project but she questioned whether a viewplane analysis was made. Mr. Bleck said that they did not do a viewplane analysis, but he would say that there is no longer a forest blocking the view and there will still be views between the buildings, noting there is still quite a distance between the buildings because they have a shared driveway easement and side yard setback areas. He said they are required to have the property landscaped per the Kailua Village Design Review Commission and the Planning Department Rule 17. In response to Commissioner Springer’s inquiry, Mr. Yuen noted that commercial buildings have to come in for plan approval just before applicants obtain a building permit wherein staff checks for such things as the landscaping plans, the location of the driveways, amount of parking spaces and the setbacks. He said as far as enforcement, the Department relies on applicants doing what the plans call for. Upon First Vice-Chairman Fujikawa’s inquiry, Mr. Bleck stated they will comply with the Zoning Code of a 30-foot height limit. There was no one from the public testifying on the application. It was moved by Commissioner Springer and seconded by Commissioner McCall that the application be approved based on and incorporating the Planning Director’s background report and recommendation, with conditions. A roll call vote was taken and motion carried with six ayes (Springer, MCCall, Alameda, Smith, Thibadeau and Fujikawa), one no (Gahram) and one absent and excused (Galdones). MINUTESThe Commission took up the following Minutes at this time, 12:14 p.m. April 2, 2004 – It was moved by Commissioner Springer, and seconded by Commissioner Smith, that the minutes be accepted as circulated. Motion was unanimously carried by a voice vote of all Commissioners in attendance. Upon Commissioner Springer’s comments, staff noted that the diacritical marks (okinas and kahakos) in Hawai‘ian words will not be used in the Commission’s minutes as the Planning Department does not have the computer software to identify the correct diacritical marks. 9 ADMINISTRATIVE The Commission took up the following under administrative MATTERSmatters at this time, 12:15 p.m. Status of appeals filed on Planning Commission decisions – Corporation Counsel – Mr. Torigoe noted he had nothing to report at this time. ANNOUNCEMENTThe following announcements were made at this time, 12:16 p.m. ADJOURNMENTThere being no further business, the Chair declared the meeting adjourned at 12:17 p.m. Respectfully submitted, Sharon M. Nomura, Secretary A T T E S T: Earl Fujikawa, First Vice-Chairman Planning Commission 10