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HomeMy WebLinkAbout2003-06-06 Planning Commission Minutes PLANNING COMMISSION COUNTY OF HAWAII MINUTES JUNE 6, 2003 The Planning Commission met in regular session at 9:00 a.m. in the Ohana Keauhou Beach Resort, KahaluÒu Ballroom, 78-6740 AliÒi Drive, North Kona, Hawaii with Chairman Fred Galdones presiding. PRESENT:Fred GaldonesABSENT & EXCUSEDEarl Fujikawa William GrahamFlorence Kubota Jeffrey McCall Hannah Springer Aurelio Mina, Jr. Francis Smith Bill Thibadeau Ivan Torigoe, Deputy Corporation Counsel Roy Takemoto, Deputy Planning Director Norman Hayashi, Staff Planner Phyllis Fujimoto, Staff Planner Kiran Emler representing Department of Public Works (Left at 9:5 RECESSEDThe Chair called a short recess at 9:01 a.m. to review the materials just submitted for todayÓs meeting RECONVENEDThe meeting reconvened at 9:06 a.m. The Chair introduced the Commissioners and staff to members of t The Commission deferred approval of the minutes and administrative matters until the end of the agenda. SMA 03-002The Commission took this item up at 9:06 a.m. with LEDSON approximately 7 people from the public in attendance CONSTRUCTION CO., INC. TH HOLUALOA 4, NORTH KONA APPLICANT: LEDSON CONSTRUCTION CO., INC. (SMA 03-002) Application for a Special Management Area Use Permit to allow the construction of a 2-story, 2-unit apartment building and related improvements. The property is located at the southeast corner of Sea View th Circle and Noelani Place within the Kona Sea View Lots Subdivision, Holualoa 4 North Kona, Hawaii, TMK: 7-7-15:84. 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, Robert Ledson, stated he had no comments to the Planning DepartmentÓs Background Report and Recommendation, and the proposed conditions of approval were acceptable. There was no one from the public wishing to testify on this agen It was moved by Commissioner Springer and seconded by Commissioner Mina that the request be approved based on and incorporating the Planning DepartmentÓs background Report and Recommendation, with conditions. A roll call vote was taken and motion carried with seven ayes (Springer, Mina, Smith, Thibadeau, Graham, McCall, and Galdones) and two absent and excused (Fujikawa and Kubota). REZ 03-006The Commission took this item up at 9:15 a. m. with GREGORY R. MOOERSapproximately 2 people from the public in attendance. LALAMILO, SOUTH KOHALA APPLICANTGREGORY R. MOOERS (REZ 03-006) : Application for a Change of Zone for 20,660 square feet of land from a Resort-Hotel 1,250 square foot (V-1.25) to a Single-Family Residential 10,000 square foot (RS-10). The property is located along the makai (north) side of Puako Drive, in the immediate vicinity of the Puako Beach Condominium and the Puako General Store, Puako Beach Lots, Lalamilo, South Kohala, Hawaii, TMK: 6-9-03:15. Mr. Hayashi oriented the Commission and public of the subject and surrounding properties on the location map and site plan, and summarized the request. He corrected the DepartmentÓs Background Report, Page 3, Item No. 18 by deleting the third sentence and, also, by deleting the th 4 sentence in proposed Condition F, as the staff could not verify the reference to the roadway being increased to a 60-foot wide right-of-way in the future. Upon Commissioner GrahamÓs inquiry, Mr. Hayashi explained that the resort zoning was first delineated on the zoning map back in 1967, the Hapuna State Park Plan also indicates it as such, and the General Plan map designated this area for resort in 1971. He said it appears that this area was proposed for resort along with surrounding properties by Signal Properties back in the 1960s, noting the Puako Beach Lots Subdivision was created back in the 1950s by the Territory of Hawaii. The applicant, Gregory Mooers, stated he did receive the Planning DepartmentÓs Background Report and Recommendation. He said in the recent General Plan review update, the Director and the Commission recommended that the designation for this area be changed from Resort to 2 Low Density Residential, and that the applicant concurs with that belief. He then suggested the following sentence in Condition F be deleted, ÐThe improvements shall include a paved shoulder along the entire parcel frontageÈ.Ñ He said the conditions, as amended, addressed the concerns of the community association. He pointed out that, if one looks at the photographs submitted, one will note that it is not so much the nature of the roadway b pedestrian and bike accessways. In response to Commissioner McCallÓs inquiry, Mr. Emler said the Department of Public Works favors a five-foot minimum wide paved AC shoulder along the entire frontage of the property. Commissioner Springer questioned if that was negotiable, as in looking at the photographs that did not seem consistent with the majority of the shoulder treatments on Puako Drive. Mr. Emler said he did not personally look at the project, but relied on the senior inspector who has had some experience with the maintenance issues, noting they were also looking at aesthetics, landscaping and safety issues. Mr. Emler added that he could not make a commitment on the record at this time whether the County would be infilling the areas that are not presently paved. Commissioner Springer pointed out that, as agreed to by Mr. Hayashi, Condition F as worded allows the applicant and the Department of Public Works an opportunity to further discuss the roadway requirements. Commissioner Graham, former resident of Puako 30 years ago, said he generally concurs with the idea that the area is more appropriate for residential; however, he felt the Commission was putting the cart before the horse as the General Plan provides the legal basis for all subdivisions, zonings, etc., the Zoning Code says the Code shall be applied and administered within the framework of the General Plan, and the General Plan designates this area for resort. In response, Mr. Mooers said, in general, what Graham says is true; however, the recognition is that the General Plan and LUPAG map have a certain broadbrush approach and he thought clearly the proposed residential use is consistent with the descriptive elements in the General Plan, noting the inconsistency between the Zoning Code and LUPAG map throughout the county is not that unusual. Mr. Mooers added that this particular parcel is very close to the boundary of the General Plan LUPAG Map designation for resort and, also, to the south is a single-family residence that has been there for decades that the owners are currently remodeling. Mr. Mooers agreed with Mr. Graham that under the present zoning the applicant can build two houses or up to 18 condominium units on this one lot, clarifying they are proposing to create two houses on two separate lots. Mr. Hayashi stated that although the General Plan LUPAG Map designates the area for Resort use, one of the resort policies in the General Plan states ÐThe County shall re-evaluate existing undeveloped resort designated and/or zoned areas and reallocate resort designated and/or zoned lands in appropriate locations." Commissioner Graham expressed his concern that if the application is approved it would not meet the Zoning Code requirements and create a situation where a variance would be required, which did not seem right. In response, Mr. Hayashi said what is before the Commission today is 3 a change of zone of the property from resort to single-family residential, and not a review of the layout of the subdivision. Mr. Mooers agreed with Mr. Hayashi that if this rezoning goes through there is the possibility that the applicant may come in for a variance from the minimum width requirement, which may or may not be approved by the Planning Director; or he would have to readjust the boundaries by creating, perhaps, a flag lot along one of properties and have a frontage from Puako Drive. For Commissioner GrahamÓs information, Mr. Mooers said although the Puako Community Association raised questions such as would the rezoning impact other lots and does it set a precedence, it was supportive of the application because it decreases the potential density of the site, decreases the potential height of the structures, and would set a precedence of actually converting some of this resort land to residential. He noted there were concerns expressed by the Association that the resort lands might actually be developed for such things as a hotel, restaurant, bar, or any other permitted uses within the resort zone. He clarified that they did not ask for a vote of the association as they only met with them a few nights ago. It was moved by Commissioner Springer and seconded by Commissioner Mina to forward a favorable recommendation to the Hawaii County Council based on and incorporating the Planning DirectorÓs Background Report and Recommendation, with a change on page 3, Item 18 of the Background by deleting ÐPuako Beach Drive is proposed for future road widening (10 feet on each side) to a 60-foot wide right-of-way,Ñ and on Condition No. F by deleting ÐPlans shall also delineate a 10-foot wide future road widening strip along the subject propertyÓs frontage on Puako Beach Drive.Ñ The Chair acknowledged that the staff will make the necessary deletions in the recommendation regarding the 60-foot roadway improvements. A roll call vote was taken and motion carried with six ayes (Springer, Mina, Smith, Thibadead, McCall, and Galdones), one no (Graham) and two absent and excused (Fujikawa and Kubota). SLU 03-003 The Commission took this item up at 9:43 a.m. with AND REZ 03-008 approximately 2 people from the public in attendance. HOWARD RODGERS OULI, SOUTH KOHALA APPLICANT: HOWARD RODGERS (SLU 03-003 AND REZ 03-008) Applications for State Land Use boundary amendment from the Agricultural to the Rural District and a Change of Zone from the Agricultural 5-acre (A-5a) to the Residential and Agricultural 2- acre (RA-2a) district for approximately 6.36 acres of land. The property is located between Kawaihae-Waimea Road and Kanehoa Street, and approximately 450 feet west (makai) of the Kawaihae-Waimea Road and Kanehoa Street intersection, Anekona Estates Subdivision, Ouli, South Kohala, Hawaii, TMK: 6-2-11:13. 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 recommended approval of the applications, with conditions on the change of zone application. 4 The applicant, Gregory Mooers, stated he had no comments to the Planning DepartmentÓs Background Report and Recommendation, and the proposed conditions of approval were acceptable. In response to Commissioner GrahamÓs inquiry, Mr. Mooers said in 95 percent of the cases he appeared before the Commission he was not the applicant; however, in those that he did, it was because of the applicantÓs personal choice or there was the possibility that the applicant would not be able to attend the hearings and needed a representative. There was no one from the public wishing to testify on this agen Regarding the State Land Use Boundary Amendment application (SLU 03-003), it was moved by Commissioner Springer and seconded by Commissioner Mina to send a favorable recommendation to the County Council based on and incorporating the Planning DepartmentÓs Background Report and Recommendation. A roll call vote was take seven ayes (Springer, Mina, Smith, Thibadeau, Graham, McCall, and Galdones) and two absent and excused (Fujikawa and Kubota). Regarding the Change of Zone application (REZ 03-008), it was moved by Commissioner Springer and seconded by Commissioner Mina to send a favorable recommendation to the County Council based on and incorporating the Planning DepartmentÓs Background Report and Recommendation, with conditions. A roll call vote was taken and motion carried with seven ayes (Springer, Mina, Smith, Thibadeau, Graham, McCall, and Galdones) and two absent and excused (Fujikawa and Kubota). SLU 03-004 The Commission took this item u at 9:52 a.m. with AND REZ 03-009approximately 2 people from the public in attendance. GREGORY R. MOOERS LALAMILO, SOUTH KOHALA APPLICANT: GREGORY R. MOOERS (SLU 03-004 AND REZ 03-009) Applications for State Land Use boundary amendment from the Agricultural to the Rural District and a Change of Zone from the Agricultural 5-acre (A-5a) to the Residential and Agricultural 2- acre (RA-2a) district for approximately 5 acres of land. The property is located along the south side of Kanehoa Street, approximately 3,050 feet southwest of the Kawaihae-Waimea Road and Kanehoa Street intersection, Anekona Estates Subdivision, Ouli, South Kohala, Hawaii, TMK: 6-2-11:19. 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 recommended approval of the application with conditions. 5 The applicantÓs representative, Gregory Mooers, stated he had no comments to the Planning DepartmentÓs Background Report and Recommendation, and the proposed conditions of approval were acceptable. He pointed out that the intent of the applications was to dissolve the CPR and have two separate legal lots of record. Regarding the State Land Use Boundary Amendment application (SLU 03-004), it was moved by Commissioner Springer and seconded by Commissioner Mina to send a favorable recommendation to the County Council based on and incorporating the Planning DepartmentÓs Background Report and Recommendation. A roll call vote was take seven ayes (Springer, Mina, Smith, Thibadeau, Graham, McCall, and Galdones) and two absent and excused (Fujikawa and Kubota). Regarding the Change of Zone application (REZ 03-009), it was moved by Commissioner Springer and seconded by Commissioner Mina to send a favorable recommendation to the County Council based on and incorporating the Planning DepartmentÓs Background Report and Recommendation with conditions. A roll call vote was taken and motion carried with seven ayes (Springer, Mina, Smith, Thibadeau, Graham, McCall, and Galdones) and two absent and excused MINUTESAt 9:57 a.m., the Commission took up the following minutes: May 23, 2003 Î It was moved by Commissioner Springer and seconde Graham that the minutes be deferred to a future meeting. Motion was unanimously carried by a voice vote of all Commissioners in attendance. ADMINISTRATIVEThe Commission took up the following administrative MATTERSmatters at this time, 9:58 a.m. Status of Appeals Î Mr. Torigoe noted that there was nothing new to report on the status of administrative appeals. Gift Reporting Disclosure Î Mr. Torigoe reminded the Commissioners that a Commissioner would have to file a gift reporting disclosure statement with the County Board of Ethics on th June 30 of each year if the Commissioner, spouse or dependent child received a gift or gifts in excess of $100 from a source whose interest may be affected by the official action or lack of action of a Commissioner, noting various exceptions. Staff was directed to send a copy of the ordinance to the Commission for their information. HCPO Î Mr. Hayashi stated materials on the HCPOÓs October 8-10, 2003 Conference were distributed and requested the Commission inform the staff whether they plan to attend or not as soon as possible so that the necessary arrangements can be made. 6 ADJOURNMENTThere being no further business the Chair declared the meeting adjourned at 10:07 a.m. Respectfully submitted, Sharon M. Nomura, Secretary A T T E S T: Fred Galdones, Chairman Planning Commission 7