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HomeMy WebLinkAbout2003-11-07 Planning Commission Minutes PLANNING COMMISSION COUNTY OF HAWAIÒI MINUTES NOVEMBER 7, 2003 The Planning Commission met in regular session at 9:05 a.m. in the Ohana Keauhou Beach Resort, Kahaluu Ballroom, 78-6740 Alii Drive, Keauhou, North Kona, Hawai`i, with Second Vice-Chairman Hannah Springer presiding. PRESENT:Hannah SpringerABSENT & EXCUSED:Earl Fujikawa Bill GrahamFred Galdones Florence Kubota Jeffrey McCall Aurelio C. Mina, Jr. (Left at 3:40 p.m.) Francis Smith Bill Thibadeau Patricia OÓToole, 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 (left at 4:1 The Chair introduced the Commissioners and staff to members of t RECESSEDThe Chair called a short recess at 9:07 a.m. to review materials just submitted into the record. RECONVENEDThe meeting reconvened at 9:15 a.m. SLU 03-008/REZ 03-020The Commission took this item up at 9:15 a.m. with ANDREW J. FROGLEYapproximately 28 people from the public in attendance. OULI, SOUTH KOHALA APPLICANT: ANDREW J. FROGLEY (SLU 03-008/REZ 03-020) a.State Land Use Boundary Amendment for 5.001 acres from the Agric the Rural district. b.Change of Zone for 5.001 acres from the Agricultural 5-acre (A-5 Residential Agricultural 2-acre (RA-2a) district. The property is located along the north side of Kanehoa Street, approximately 900 feet west of the Anekona Street Î Kanehoa Street intersection, Anekona Estates Subdivision, Ouli, South Kohala, Hawaii, TMK: 6-2-11:34. 1 Mr. Hayashi 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 recommended approval of the application with conditions. The applicantÓs representative, Gregory Mooers, stated he did receive the Planning DepartmentÓs Background Report and Recommendation and concurred with the statements and proposed conditions. Lunakanawai Hauanio presented his verbal testimony at this time (SEE EXHIBIT A). As there was no further testimony offered, it was moved by Commi seconded by Commissioner McCall that the public hearing be closed. Motion was unanimously carried by a voice vote of all Commissioners in attendance. Regarding the State Land Use Boundary Amendment application, it Commissioner Kubota and seconded by Commissioner McCall to forward a favorable recommendation to the County Council based on and incorporating the Planning DirectorÓs recommendation. A roll call vote was taken and motion carried with seven ayes (Kubota, McCall, Mina, Smith, Thibadeau, Graham and Springer) and two absent and excused (Fujikawa and Galdones). Regarding the Change of Zone application, it was moved by Commissioner Kubota and seconded by Commissioner McCall to forward a favorable recommendation to the County Council based on and incorporating the Planning DirectorÓs recommendation. A roll call vote was taken and motion carried with seven ayes (Kubota, McCall, Mina, Smith, Thibadeau, Graham and Springer) and two absent and excused (Fujikawa and Galdones). REZ 03-019The Commission took this item up at 9:36 a.m. with TAYLOR M. EASLEYapproximately 38 people from the public in atendance. KALOKO, NORTH KONA APPLICANT: TAYLOR M. EASLEY (REZ 03-019) Change of Zone for 21.121 acres from the Agricultural 20-acre (A-20a) to the Agricultural 10-acre (A-10a) district. The property is located along the west side of Haleamau Street, approximately 1,000 feet from the Haleamau Street Î Kaloko Drive intersection, Kaloko Mauka Subdivision, Kaloko, North Kona, Hawaii, TMK: 7-3-26:16. Mr. Hayashi 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 recommended approval of the application with conditions, with an amendment to Condition E. He corrected the background report to state that the elevation of the property is 3,700 feet instead of 2,500 feet and that a portion of the property has been cleared. 2 In response to Commissioner SpringerÓs inquiry, Mr. Hayashi stated that references to at least 50% of the lot area to be retained in forest should be changed to 80% in both the background report and recommendation. Commissioner Graham questioned why the Department was recommending a favorable recommendation when in the Malian change of zone application the Department recommended an unfavorable recommendation. He noted that in the denial it stated that the Director adopted a policy of recommending against rezonings to smaller lot sizes when it appears highly probable the resulting dwellings will not be farm dwellings in any meaningful way and the property is not designated for urban or rural uses in the General Plan. In response to Commissioner GrahamÓs inquiry, Mr. Yuen clarified applies to rezonings of much smaller lot sizes, such as 5 acres to 2 acres; and that in this case the rezoning actually allows the County to include some forest preservation conditions on the property that otherwise would not exist, referring to the County Council passing a 1996 resolution to retain the forest cover to preserve the watershed area. The applicantÓs representative, Gregory Mooers, concurred with Director YuenÓs assessment that the Council did pass a resolution in which they established a policy to have 10-acre lot sizes above the 3,000-foot elevation to preserve the forest since people were cutting the forest to lower their real property tax rates, then 5-acre lot sizes below the 3,000-foot elevation, and 3-acre lot sizes below the 5-acre lot sizes. He sated the proposed rezoning is consistent with that Council resolution. Mr. Yuen agreed with Mr. Mooers to delete Condition I in light of the State Historic th Preservation DivisionÓs August 13 comment that the proposed action would have no effect on historic sites. Mr. Mooers agreed with Commissioner McCall that Condition J requires the applicant to cease all grading work if anything of archaeological significance is found unless and until the applicant obtains a clearance from the DNLR, State Historic Preservation Division. In response to Commissioner SpringerÓs inquiry, Mr. Mooers said they do recognize the area is in forest and does have cultural value and resources there, which is the whole idea of preserving the forest; however, there are no indications that there have been gathering taking place on this particular property. LunakanawaiÓs oral testimony was made a part of the record (SEE EXHIBIT A). There was no further testimony offered into the record. It was moved by Commissioner Kubota and seconded by Commissioner Mina that the public hearing be closed. Motion was unanimously carried by a voice vote of all Commissioners in attendance. 3 It was moved by Commissioner Kubota and seconded by Commissioner Mina to forward a favorable recommendation to the County Council based on and incorporating the DirectorÓs recommendation, with Condition E amended to read, ÐRestrictive covenant(s) in the deeds of all the proposed agricultural lots fronting existing roads shall specify and uphold the easements and setbacks set forth in Condition D. The restrictive covenant(s) shall also specify that, including the area comprising the forest reserve easements described in Condition D, no less than eighty percent (80%) of the entire lot area shall be retained in forest. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant(s) shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances prior to the issuance of Final Subdivision Approval;Ñ Condition I deleted; subsequent conditions be realphabetized accordingly; and changing any reference of 50 percent to 80 percent of the lot area to be retained in forestry. There was no discussion on the motion. A roll call vote was taken and motion carried with seven ayes (Kubota, Mina, Smith, Thibadeau, Graham, McCall and Springer) and two absent and excused (Fujikawa and Galdones). REZ 03-017The Commission took this item up at 9:57 a.m. with EUGENE H. CLAPPapproximately 38 people from the public in attendance. KALOKO, NORTH KONA APPLICANT: EUGENE H. CLAPP (REZ 03-017) Change of zone for 31.095 acres from the Agricultural 20-acre (A-20a) to the Agricultural 10-acre (A-10a) district. The property is located along the northern corner of the Kaloko Drive Î Kapehe Street intersection, Kaloko Mauka Subdivision, Kaloko, North Kona, Hawaii, TMK: 7-3-27:10. Mr. Hayashi 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 recommended approval of the application with conditions, proposing an amendment to Condition E and deletion of Condition I. He corrected the applicantÓs submittal and the staffÓs recommendation, changing 50 percent to lot area to be retained in forest. In response to Commissioner KubotaÓs comments and inquiry regarding Exhibit D from the State Department of Transportation, Mr. Yuen said the County earmarked a fair share contribution to do a study of what kinds of fixes could be done with a relatively small budget, however, he was not sure of the status of that study, noting there is something like $150,000 to do the Kaloko intersection improvements. Mr. Yuen added that the State has not changed its position that although they feel the Kaloko intersection improvements are needed, they will not contribute any funds towards such improvements as they feel it is an applicantÓs and the CountyÓs responsibility. 4 Gregory Mooers representing the applicant noted that the Department of Public Works changed its position from a no access point off of Kaloko Drive light of the fact that there would be considerable disruption of the forest to have both lots access off Kapehe Street. LunakanawaiÓs testimony was submitted into the record (See Exhibit A). There was no one from the testifying on the application. It was moved by Commissioner Kubota and seconded by Commissioner Mina that the public hearing be closed. Motion was unanimously carried by a voice vote of all Commissioners in attendance. It was moved by Commissioner Kubota and seconded by Commissioner Mina to send a favorable recommendation to the County Council based on and incorporating the Planning DepartmentÓs recommendation, with Condition E amended to read, ÐRestrictive covenant(s) in the deeds of all the proposed agricultural lots fronting existing roads shall specify and uphold the easements and setbacks set forth in Condition D. The restrictive covenant(s) shall also specify that, including the area comprising the forest reserve easements described in Condition D, no less than eighty percent (80%) of the entire lot area shall be retained in forest. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant(s) shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances prior to the issuance of Final Subdivision Approval;Ñ Condition I deleted; subsequent conditions realphabetized accordingly; and changing any reference of 50 percent to 80 percent of the lot area to be retained in forestry. A roll call vote was taken and motion carried with seven ayes (Kubota, Mina, Smith Thibadeau, Graham, McCall, and Springer) and two absent and excused (Fujikawa and Galdones). SLU 03-007/REZ 03-018The Commission took this item up at 10:10 a.m. with NANI KONA AINA, LLC.approximately 40 people from the public in attendance. HIENALOLI, NORTH KONA APPLICANT: NANI KONA AINA, LLC (SLU 03-007/REZ 03-018) a.State Land Use Boundary Amendment for 14.533 acres from the Agri the Urban district. b.Change of Zone for 14.533 acres from the Agricultural 5-acre (A-5a) to the Single Family Residential Î 10,000 square foot (RS-10) district. The property is located along the west (makai) side of Hienaloli Î Kahului Road, adjacent to and north of the Kona Heights Subdivision Î Unit II, Hienaloli, North Kona, Hawaii, TMK: 7-5-10:66. (SEE EXHIBIT B) 5 SPP NO. 581The Commission took this item up at 2:35 p.m. with JOHN KOBAYASHIapproximately 45 people from the public in attendance. ST KEAUHOU 1, NORTH KONA APPLICANT: JOHN KOBAYASHI (SPP NO. 581) Request for a time extension to Condition No. 5 (commence operation of self-storage facility) of Special Permit No. 581, which allows the establishment of a nursery and visitor center and a self-story facility on 12 acres of land situated within the State Land Use Agricultural District. The property is the site of the former Fuku Bonsai Center located along the east (mauka) side of the North Kona Belt Road and the North Kona Belt Road - Haawina Street, Keauhou 1st, North Kona, Hawaii, TMK: 7-8 (SEE EXHIBIT C) SMA 03-013The Commission took this item up at 3:40 p.m. with \ STATE OF HAWAIIapproximately 38 people from the public in attendance. DEPT. OF LAND & NATURAL RESOURCES, \ DIVISION OF STATE PARKS MANINIOWALI AND ND KUKIO 2, NORTH KONA APPLICANT: STATE OF HAWAII DEPARTMENT OF LAND & NATURAL RESOURCES, DIVISION OF STATE PARKS (SMA 03-013) Special Management Area Use Permit to allow the development of the Kekaha Kai State Park Phase I improvements, which include the construction or installation of a park access road, gates, and signage; parking related improvements; comfort station and storage facility; landscaping, pathways, and trail improvements; and associated utility improvements. The property is located makai of the Queen Kaahumanu Highway and nd includes the area adjacent to Kua Bay, Maniniowali and Kukio 2, North Kona, Hawaii, TMK: 7-2-4: portions of 3, 17 and 19. (SEE EXHIBIT D) REZ 03-010/SMA 03-005The Commission took this item up at 5:23 p.m. with CLIFTOÓS KONA approximately 26 people from the public in attendance. COAST, LLC. ND OOMA 2, NORTH KONA 6 APPLICANT: CLIFTO'S KONA COAST, LLC (REZ 03-010/SMA 03-005) Continued hearing on the application for a Special Management Ar allow the development of a commercial Î residential complex consisting of offices, retail uses, multi-family housing, facilities for transient accommodati improvements. The property is located along the west (makai) side of Queen Kaahumanu Highway (State Highway 19), approximately 2,100 feet south of the Queen Kaahumanu nd Highway Î NELHA Access Road, Ooma 2, North Kona, Hawaii, TMK: 7-3-9:22. (SEE EXHIBIT E) SMA 03-007The Commission took this item up at 6:37 p.m. with ERIC SOTOapproximately 28 people from the public in attendance. KAHULUI, NORTH KONA APPLICANT: ERIC SOTO (SMA 03-007) 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 squ 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 F) RECESSEDThe Chair called a recess at 6:57 p.m. RECONVENEDThe Chair reconvened the meeting at 7:10 p.m. SMA 03-012/UP 03-002/The Commission took this item up at 7:10 p.m. with UP 03-003)approximately 17 people from the public in attendance. RUTTER/KW KOHANAIKI, LLC KOHANAIKI, NORTH KONA APPLICANT: RUTTER/KW KOHANAIKI, LLC (SMA 03-012/ UP 03-002/UP 03-003) a.Continued hearing on the application for a Special Management Ar to allow the development of a 500 homes/home sites project, an 18-hole golf course and golf clubhouse, public coastal park facilities, and related improvements. b.Continued hearing on the application for a Use Permit to allow t of an 18-hole golf course, golf clubhouse, and related improvements within the Resort-Hotel (V-1.25), Village Commercial (CV-10), Multiple Family Residential (RM-3), Single Family Residential (RS-10), and Open (O) districts. 7 c.Continued hearing on the application for a Use Permit to allow t of a major recreational facility (portion of an 18-hole golf course and related improvements) with the Limited Industrial (ML-10) district. The property is located between the Kaloko Honokohau National Park and the Ooma property, makai of the Queen Kaahumanu Highway (Highway 19), Koh Kona, Hawaii, TMK: 7-3-9:3 and 16. (SEE EXHIBIT G) MINUTESThe Commission took up the following minutes at this time, 10:21 p.m.: September 22, 2003 Î It was moved by Commissioner Kubota and sec Commissioner Thibadeau that the minutes be approved as circulated. Motion was unanimously carried by a voice vote of all Commissioners in attendance. October 2, 2003 - It was moved by Commissioner Kubota and second Commissioner Thibadeau that the minutes be approved as circulated. Motion was unanimously carried by a voice vote of all Commissioners in attendance. October 3, 2003 - It was moved by Commissioner Kubota and second Commissioner McCall that the minutes be approved as circulated. Motion was unanimously carried by a voice vote of all Commissioners in attendance. ADMINISTRATIVE The following was discussed under administrative MATTERSmatters: Status of appeals filed on Planning Commission decisions Î Corporation Counsel Î Ms. OÓToole noted that Dean Yokoyama and Kulana Huli Honua filed appeals on the Doutor Coffee CompanyÓs Special Permit Application 02-010. She said the hearing on her motion to dismiss Kulana Huli HonuaÓs appeal was heard on Monday and the Court did not dismiss the appeal since the Court files were filed in a timely manner, although the Planning Department and Doutor Coffee Company did not receive the appeal in a timely manner. She added that the Court consolidated the two appeals and directed Kulana Huli Honua to hire an attorney. ANNOUNCEMENTThe following were made under announcements: stth Commission Meetings Î Mr. Hayashi announced that November 21 and December 4 th and 5are the subsequent meetings. 8 ADJOURNMENTThe being no further business, the Chair declared the meeting adjourned at 10:28 p.m. Respectfully submitted, Sharon M. Nomura, Secretary A T T E S T: Fred Galdones, Chairman Planning Commission 9