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HomeMy WebLinkAbout2003-04-04 Planning Commission Minutes PLANNING COMMISSION COUNTY OF HAWAII MINUTES APRIL 4, 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 & EXCUSED: Earl Fujikawa William Graham Florence Kubota Jeffrey McCall Aurelio Mina, Jr. Francis Smith Hannah Springer Bill Thibadeau Ivan Torigoe, Deputy Corporation Counsel Christopher J. Yuen, Planning Director Norman Hayashi, Staff Planner Daryn Arai, Staff Planner Phyllis Fujimoto, Staff Planner Debbie Chang, Staff Planner Kiran Emler representing Department of Public Works The Chair stated the Commission needed to go into a recess at this time to review several correspondences just received into the record. RECESSEDThe Chair called a short recess at 9:01 a.m. RECONVENEDThe meeting reconvened at 9:10 a.m. The Chair introduced the Commission and staff to members of the The Commission deferred Administrative Matters and approval of minutes until later on the agenda. SPP 03-002The Commission took this item up at 9:10 a.m. with MLAMAPKIÒI Î approximately 22 people from the public in attendance. KANU O KA ÒINA LEARNING ÒOHANA (KALO) PUÒU KAPU, SOUTH KOHALA 1 APPLICANT: MLAMAPKIÒI Î KANU O KA ÒINA LEARNING ÒOHANA (KALO) (SPP 03-002) - Application for a Special Permit to establish a pre-school within one of the existing single family dwellings situated on approximately 9,869 square feet of land in the State Land Use Agricultural District. The property is located in the Lindsey Subdivision on the west side of White Road, approximately 0.4 mile from its intersection with Mmalahoa Highway, nd PuÒukapu Homesteads 2 Series, South Kohala, HawaiÒi, TMK: 6-4-22:21. Ms. Chang 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 Chair stated that this item was inadvertently omitted in the public hearing notice as an item falling under Rule 4, Contested Case Procedure. He then stated, in light of this fact, that if there was any member of the public wishing to be an intervenor in the contested case hearing, the Commission will accept the application and notice this morning. There was no one wishing to be an intervenor. Ms. Chang stated the applicant has just submitted a petition signed by residents of White Road expressing support of the application. In response to Commissioner McCallÓs concern of the applicant in the future further subdividing the subject property, Mr. Arai explained that it would not possible inasmuch as there was insufficient land area. For Commissioner KubotaÓs information, Ms. Chang noted the use has not yet been established use, although equipment is on the property; and that the rear structure two-stories in height is smaller than the front structure. The applicantÓs representative, Sidney Fuke and Kuulei Keakealani, were in attendance. Mr. Fuke stated he did receive the Planning DepartmentÓs Background Report and Recommendation and the recommendation and conditions are acceptable to the applicant, expressing appreciation to the staffÓs assistance in the matter. He said the applicant is prepared to install the second meter as requested by the Department of Water Supply, noting this matter will be addressed during the plan approval process. Commissioner Kubota questioned whether the total number of people would be limited to 15 clients, students and children, to which Ms. Chang said that was her understanding. Upon Mr. FukeÓs clarification and request to separate the preschool program from the prenatal (teen pregnancy) program, Mr. Yuen stated he had no objections to the approval of no more than 15 children for the preschool program and no more than 5 prenatal care students. Mr. Fuke proposed an amendment to Condition 3(a) to this effect. In response to Commissioner GrahamÒs inquiry, Ms. Keakealani said the residents on either side of the subject property have not signed the petition in support of the application as they were not at home when they went to seek their support. 2 It was moved by Commissioner Kubota and seconded by Commissioner Mina that the application be approved based on and incorporating the Planning DirectorÓs recommendation with Condition 3(a) amended to read, ÐNo more than fifteen (15) children and no more than five (5) prenatal care students shall receive services at any one time from all programs conducted on the subject property.Ñ Commissioner Graham stated although feels very supportive of the project; however, he did have concerns of traffic on the main highway coming into Waimea. Mr. Emler noted they do have the State DOT traffic counts taken in 2002 if the Commission wishes to review them, adding they feel a left-turn lane is warranted in the area based on the existing traffic flow. Mr. Graham felt it was impractical to require a left-turn lane as the permit is for only five years. Mr. Fuke said the applicant did do a traffic count which pretty much corroborated what Mr. Emler mentioned in terms of the volume of traffic in the morning; however, the Commissioners will find, as he did this morning, breaks within the traffic that are largely generated by the school buses. Mr. Yuen explained that part of the DepartmentÓs recommendation for not pushing for a left-turn lane is that the project was scaled down to a relatively small project, the property is on a straight-away so it is less likely to have a situation where a person will be rear ended and there is a need to have this type of a facility in the Community. Mr. Yuen added another way to look at the situation is where will these students go if the application is denied, noting he was not sure if there was a great place to have a pre-school in the Waimea area that does not create the same problem. Mr.Yuen pointed out that the Planning Department has had inquiries about similar kinds of things for somewhat larger facilities and the Department has not been able to give them a definitive answer in advance whether they would require a left-turn lane or not. Upon the ChairÓs inquiry, there was no one in the audience wishing to submit a request for a contested case hearing on this item. A roll call vote was taken and motion carried with eight ayes (Kubota, Mina, Graham, McCall, Smith, Springer, Thibadeau, and Galdones) and one absent and excused (Fujiakwa). REZ 03-003The Commission took this item up at 9:47 a.m. with JAMES B. DUSELapproximately 40 people from the public in attenda KEALAKEHE, NORTH KONA APPLICANT: JAMES B. DUSEL (REZ 03-003) - Application for a Change of Zone by changing the district classification from Agricultural (A-20a) to Agricultural (A-10a) and Family Agricultural (FA-3a) for approximately 21.725 acres of land. The property is located in Kealakehe Homesteads, First Series, approximately 700 feet east of Mmalahoa Highway bordering the Upper Government Road and two homestead roads, and approximately 500 feet south of the Makua Lani Christian Science School and one mile southeast from the Mmalahoa Highway-Palani Road junction, Kealakehe, North Kona, HawaiÒi, TMK: 7-4-3:7. (SEE EXHIBIT A) RECESSEDThe Chair called a short recess at 11:03 a.m. RECONVENEDThe meeting reconvened at 11:17 a.m. 3 SMA 260The Commission took this item up at 11:17 a.m. with KONA VILLAGEapproximately 25 people from the public in attendance. RESORT KAÒPLEHU, NORTH KONA APPLICANT: KONA VILLAGE RESORT (SMA 260) - Request to amend Condition No. 5 (extension of time to submit plans for Phase II for Plan Approval) of Special Management Area Use Permit No. 260, which allows expansion and renovation of the Kona Village Resort. The property is the site of the existing Kona Village Resort Complex located on the west (makai) side of Queen KaÒahumanu Highway and north of the Huallai Resort, KaÒplehu, North Kona, HawaiÒi, TMK: 7-2-10:10 (formerly TMK: 7-2-3:2 & Portion of 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 representatives, Steven Menezes and Fred Duerr, were in attendance. Curtis Tyler spoke in support of the application, noting the applicant is a very good neighbor, continues to extol and promote things important to the host culture, and endeavors to participate in community activities. It was moved by Commissioner Kubota and seconded by Commissioner Mina that the request be approved based on and incorporating the recommendation of the Planning Director. A roll call vote was taken and motion carried with eight ayes (Kubota, Mina, Smith, Springer, Thibadeau, Graham, McCall, and Galdones) and one absent and excused (Fujikawa). SMA 03-001The Commission took this item up at 11:24 a.m. with KOA HOTELS LLCapproximately 30 people from the public in attendance. ND KEAUHOU 2, NORTH KONA APPLICANT: KOA HOTELS LLC (SMA 03-001) - Application for a Special Management Area Use Permit to allow renovations to the former Kona Surf Hotel. The properties are located on the south side of Keauhou Bay, bordering Kalei o Papa Road and ÒEhukai Street, and north of Kona Country Club golf course and Hlua at Keauhou condominium development, Keauhou 2nd, North Kona, HawaiÒi, TMK: 7-8-10:38, 39 & 59 and 7-8-12:58. (SEE EXHIBIT B) RECESSEDThe Chair called a short recess at 1:31 p.m. RECONVENEDThe meeting reconvened at 1:41 p.m. 4 SMA 02-008The Commission took this item up at 1:41 p.m. with GAMREX, INC.approximately 3 people from the public in attendance. HLUALOA, NORTH KONA APPLICANT: GAMREX, INC. (SMA 02-008) Î Continued hearing on the application for a Special Management Area Use Permit to allow the construction of a portion of the Horse Shoe Bend and Hlualoa Streams Flood Control Project. The project site is located within and to the west (makai) of Kuakini Highway in the vicinity of Komohana Kai Subdivision, Hlualoa, North Kona, HawaiÒi, TMK: 7-6-24:25 and 77. th Mr. Hayashi noted that at the March 7 meeting the Commission continued the hearing to allow the applicant and Martin Ohan, requestor for standing in a contested case hearing, to resolve some of the issues discussed. Mr. Ohan said the applicant did meet with the Kuakini Makai HomeownersÓ Association and himself to address their concerns; however, he did have additional concerns. He stated that he was not, at this time, withdrawing his request for a contested case as he has yet to present his comments on the matter. RECESSEDThe Chair called a short recess at 1:46 p.m. RECONVENEDThe meeting reconvened at 1:47 p.m. The Chair stated he was under the wrong impression that the Commission was accepting the withdrawal of standing in the contested case hearing today; however, having been apprised of the current situation, the Commission will proceed with the hearing. Mr. Hayashi then oriented the Commission and members of the public of the subject and surrounding properties on the location map and site plan, and summarized the request. He noted the Planning Director recommended approval of the application wi amendments in light of the agreement between the applicant and the Kuakini Makai Association. For Commissioner KubotaÓs information, Mr. Hayashi indicated on the presentation map the location of Mr. OhanÓs residence. The applicantÓs representative, Greg Kashiwa, stated he had no objections to the amended recommendation and conditions. Mr. Ohan questioned whether the proposal will address the current flooding in the Keakealani, Kuakini Makai and Kahakai Subdivisions. For Mr. OhanÓs information, Mr. Kashiwa referring to the map posted on the wall, explained their proposal. He stated that Gamrex will do the construction in accordance with the CountyÓs North Kona Flood Control Plan, noting the entire system has been approved and reviewed by FEMA, and the FIRM will be amended to the confines of the flood control channel. He said that once the project is completed, no water will go into the mini-storage site, Sakamoto property 5 and/or the Kuakini Makai Subdivision. He clarified that this was the first step in a series of other permits the applicant would need to obtain to complete the entire project. Mr. Ohan then requested a condition be imposed in the granting o application that the applicant construct a roadway from the subject property on Lako Street to the Iolani Subdivision within 12 to 14 months, noting the publicÓs frustration in having this completed. In light of Director YuenÓs explanation, the Chair ruled Mr. OhanaÓs proposal was out of order as a roadway circulation plan is not connected to the SMA application. Councilman Curtis Tyler questioned whether the Commission was violating its Rule 4-7 which says upon receipt of written request to intervene the Commission at its first meeting on the matter shall hold a hearing on the written request for a contested case hearing. Mr. Torigoe thanked Councilman Tyler for his comments but noted for the record that at the prior meeting on this matter there was an agreement amongst everyone that the matter of standing would be put off until this meeting to give the parties a chance to resolve their concerns, noting Rule 4-1 does say the parties may modify or waive by stipulation any procedure in the contested case. Curtis Tyler spoke in support of the application. He felt requiring the applicant to provide a Lako Street extension mauka to obtain other permit approvals was nothing short of extortion, referring to a letter Mr. Kashiwa wrote to the Department of Public Works explaining in great detail the trials and tribulations of trying to comply with the rezoning ordinance to connect the roadways in the area. He assured the Commission that he supported Councilman ReynoldsÓ efforts 100 percent in the roadway connection and shared everyoneÓs frustration on the delay of the connection. Councilman Tyler said there have been many complaints of flooding in the area for years and he believes wholeheartedly that a condition was imposed by the Council many years ago to address flooding in the area. He said that Mr. Kashiwa has had many hurdles to jump and he has persevered; and he hopes this project can move forward as it was very, very important for people downstream. It was moved by Commissioner Kubota and seconded by Commissioner Mina that the Commission accept Mr. OhanÓs withdrawal of his request for standing in a contested case hearing. Motion was unanimously carried by a voice vote of all Commissioners in attendance. It was moved by Commissioner Kubota and seconded by Commissioner Mina that the application be approved for the reasons and with the conditions recommended and amended by the Planning Director. A roll call vote was taken and motion carried with eight ayes (Kubota, Mina, Smith, Springer, Thibadeau, Graham, McCall and Galdones) and one absent and excused (Fujiikawa) MINUTESThe Commission took up the following minutes at this time, 2:12 p.m. March 7, 2003 Î The Commission deferred approval of the minutes to a future meeting. ADMINISTRATIVEThe Commission took up the following administrative MATTERSmatters at this time, 2:13 p.m. 6 Appeal on AT&TÓs Special Permit for a Cellular Tower Î Mr. Torigoe noted the Court dismissed this appeal as the appropriate action was not taken by the appellant to designate the record on appeal with the court. He stated the Intervenor has now taken that dismissal up to the Appellate Courts. th Next Meeting Î Mr. Hayashi noted the next meeting is scheduled for April 17 (Thursday) in Hilo. ADJOURNMENTThere being no further business the Chair declared the meeting adjourned at 2:16 p.m. Respectfully submitted, Sharon M. Nomura, Secretary A T T E S T: Fred Galdones, Chairman Planning Commission 7