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HomeMy WebLinkAbout2007-07-20 TRS10KALAOA PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT JULY 20, 2007 RS10 KALAOA, LLC (REZ 854) A regularly advertised hearing on the applications of was - called to order at 3:13 p.m. at the Waikoloa Beach Marriott, Naupaka III, 69275 Waikoloa Drive, Waikoloa, Hawaii, with First-Vice Chairman C. Kimo Alameda presiding. PRESENT: C. Kimo Alameda ABSENT & EXCUSED: William Graham Takashi Domingo Alvin Rho Andrew Iwashita Rodney Watanabe Shelly Ogata Rene’ Siracusa QdkkVnncv`qc Ivan Torigoe, Deputy Corporation Counsel Brooks Bancroft, Deputy Corporation Counsel Chris Yuen, Planning Director Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner And approximately 15 people from the public in attendance. APPLICANT: RS10 KALAOA LLC (REZ 854) Request to amend Condition D (time to secure Final Subdivision Approval) of Change of Zone Ordinance No. 97 56, which rezoned approximately 10.283 acres of land from an Agricultural 5- acre (A-5a) to a Single Family Residential 10,000-square foot (RS-10) district. The property is located on the makai side of Mamalahoa Highway, between Kona Coastview (Nana Street) and th Kona Palisades (Holoholo Street) Subdivisions, Kalaoa 4, North Kona, Hawaii, TMK: TMK: 7- 3-28:82 through 102 (formerly 7-3-10:37). ALAMEDA: Agenda item No. 5, which is Rezoning 854. Mr. Darrow. DARROW: Thank you, Mr. Chairman. If I can direct your attention to the location map, the area of this application is very near the area of the last application. Again this is in the North Kona District of Hawaii. More specifically we are looking at the Kona Palisades area. The particular application we are looking at is the small red dot. Just for reference purposes, this is Kaiminani Drive. Access to this particular subdivision, which is called Kukuinui Subdivision, is through Holoholo Street from the Kona Palisades side, and it is from, looks like, Nana Street from the Kona Coastview side of the subdivision. This particular application is a time extension request. The applicant, RS10 Kalaoa, LLC, is requesting a five-year time extension to Condition D of Change of Zone Ordinance 97-56. Condition D is the timeline to receive final subdivision approval. The applicant originally was approved for a 34-lot subdivision. The zoning at this time is RS-10 zoning. EXHIBIT D 1 This is a map that the applicant has provided for us to be able to show this particular subdivision. Again just for reference, we have Holoholo Street coming from the south side of the subdivision and Nana Street from the north side. Right directly in the middle of the subdivision is Kukuinui Street. The darker shaded area is the area that we are looking at today for the time extension. It’s not very much darker, but it’s this low portion here. The upper portion has been developed, and you’ll be able to see the pictures that have been passed around. Originally, the first increment of this subdivision was for 20 lots; again that part of the subdivision has been completed. The applicant had one water commitment for both lots, and now he’s in need of 13 additional water units to be able to complete the subdivision.We did have a comment letter from the Department of Water Supply stating that the applicant will need to come up with an additional source to provide those water commitments. The applicant has submitted as a response to that letter, and that’s been passed out to the Commissioners. The Planning Director is recommending that a favorable recommendation be sent to the Hawaii County Council by the Planning Commission. Are there any questions? ALAMEDA: Any questions? Commissioner Domingo? DOMINGO: Where is the access or the ingress/egress for the particular development going to be? DARROW: This particular -, most likely, to access this particular subdivision would be from Holoholo Street; that Holoholo Street enters from Kaiminani Drive. ALAMEDA: Commissioner Siracusa? SIRACUSA: Yes. I see in my file that they were supposed to submit final subdivision th approval – they had an extension that brought them up to April 5, wait a second, yeah, ’cause it started April 7, ’97, that was the effective date of the Ordinance, and then they have five years to submit final plan approval (sic) that brought them up five years more to April 5, 2002 – and so it would appear that they are not in compliance. And somewhere in here I also read that they had not satisfied Condition K, which was the affordable housing requirement. So when you add that to the fact that there isn’t a water commitment yet for Increment 2, and the Water Department doesn’t even consider that they will be providing it, but saying that the applicant has to provide their own source, it seems that this is -, in a sense part of it was about the water appears to be premature, and yet the other part -. Here we are once again looking at Conditions that have not been met in a timely manner, and yet they could have applied for an extension of time, and did not. DARROW: The -, Commissioner Siracusa, the application was actually received on th April 5, so this particular application has been with the Planning Department since that time. SIRACUSA: Two thousand and two? DARROW: No. Two thousand and two was the end date of the original rezoning. SIRACUSA: Right. EXHIBIT D 2 DARROW: They submitted for a time extension request of five years, which brought them up to -. SIRACUSA: Oh, with the second -. DARROW: Two thousand and seven. SIRACUSA: Okay. ALAMEDA: Any other questions for Mr. Darrow? DARROW: Just for clarification to -. ALAMEDA: Sure. DARROW: The applicant is working with the Office of Housing and Community Development to comply with the affordable housing. I believe we did receive a comment letter from them. And they do have requirements to comply with, but they are still in the timeline to th meet those requirements. And again we do have a letter dated July 11 from the applicant stating that he is working with the Haseko water agreement for Increment 2 for water commitments. ALAMEDA: Commissioner Siracusa. th SIRACUSA: Yeah, just a follow-up. Even so, if he submitted finally by April 5 of this year, that’s – and here we are right now – that’s three months. DARROW: I don’t think that was his fault; I think that was just the fact that it hasn’t -, it was actually scheduled for last month, but we didn’t have a quorum, so that didn’t make it. SIRACUSA: Oh, okay, okay. Fine. Thank you for clarifying that. ALAMEDA: Any other questions for Mr. Darrow? Seeing none, the applicant or his representative, please come forward. All right. Thanks for your patience; you’ve been here awhile. Can you please raise your right hand? Do you swear or affirm to tell the truth now before the Hawaii County Planning Commission? ASHIKAWA: I do. ALAMEDA: Thank you. You heard Jeff, Mr. Darrow’s introduction of the application. Could you also please state your -, did you state your name and address? ASHIKAWA: My name is Gary Ashikawa. I’m the manager for our subdivision, RS10 Kalaoa, LLC. And my address is 5460 Poola Street, Honolulu, Hawaii. ALAMEDA: Okay, thank you. Do you have anything to add regarding the introduction of your application? EXHIBIT D 3 ASHIKAWA: Yes, I guess -. ALAMEDA: Please speak into the mike. We’re having it recorded, that’s why; it’s easier for our transcribers. ASHIKAWA: Yes. To add and to clarify, we are committed to complete the project. We are in process of securing additional water units to complete Increment 2 – and we have been for a while – but the water units are scarce in North Kona, as you all know. And we are working with Wainani 42 LLC developers for the Wainani Estates project; they have some units that would be available, excess units that would be available for our project. So that would enable us to complete Increment 2. We’ve already did the design for it; we did the construction of the grading for Increment 2 for all of the lots, all 14 lots, when we did Increment 1. And part of the reason for doing that was to minimize impacts to neighbors for dust and noise. So that has been completed. The question on the affordable housing, we have entered into an agreement with the Housing and Community Development agency, and so that’s in place. But the units that we have committed to them are in Increment 2, so it’s imperative that we complete Increment 2 in order to satisfy our requirement to the Housing agency also. And we are committed to complete and we are -, well, we want to complete it as much as anyone else wants it to be completed. We’ve been developing in Kona for many years, and we’d like to continue to be good neighbors and good developers. So we’d like to satisfy our requirements on the affordable housing issue. So basically the only thing that’s holding us up on proceeding and completing our project is the water units. Thank you. ALAMEDA: Okay. Thank you. Any questions for our applicant? Commissioner Siracusa? SIRACUSA: I just want to know if it’s a sure thing that you will have enough water commitment to service the number of houses that you are planning to build in Increment 2. You know, I have concerns about whether we should go ahead and approve, and then later on you come back to us and say, well, I couldn’t get all the water commitment I needed. ASHIKAWA: Well, as I said we are working with developers who have some excess units -. SIRACUSA: So you are sure that will be enough then? ASHIKAWA: Hopefully we will have enough. We can’t guarantee it. We are continuing to work with them. That’s the reason for our request for additional time. Thank you. SIRACUSA: Okay. I think I was asking for the guarantee. ASHIKAWA: I wish I could guarantee it. ALAMEDA: Any other questions for our applicant? Seeing none, do we have any testimony, staff? NOMURA: No. EXHIBIT D 4 ALAMEDA: No testimony? Okay. Is there anything final to add before we go into deliberations? ASHIKAWA: Not at this time. ALAMEDA: Okay. Fellow Commissioners, what’s your pleasure? Commissioner Iwashita? IWASHITA: Mr. Chair, if it’s appropriate, I’m prepared to present a motion. ALAMEDA: It is. IWASHITA: I move that our applicant, RS10 Kalaoa, LLC, REZ 854, that we send a favorable recommendation as to the request to amend Condition D, time to secure final subdivision approval, of Change of Zone Ordinance No. 97-56. ALAMEDA: Very good. DOMINGO: Second. ALAMEDA: Motion made by Commissioner Iwashita, seconded by Commissioner Domingo. Discussion? Seeing none, staff? DARROW: Thank you, Mr. Chairman. The motion before us is to send a favorable recommendation for this time extension request. With that, I’ll take the roll. Commissioner Iwashita? IWASHITA: Yes. DARROW: Commissioner Domingo? DOMINGO: Yes. DARROW: Commissioner Ogata? OGATA: Aye. DARROW: Commissioner Siracusa? SIRACUSA: Aye. DARROW: Commissioner Woodward? WOODWARD: Aye. DARROW: And Mr. Chairman? ALAMEDA: Aye. EXHIBIT D 5 DARROW: The motion passes, six to zero. ALAMEDA: Very good. The discussion ended at 3:25 p.m. Respectfully submitted, Noriko Sauer West Hawaii Secretary EXHIBIT D 6