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HomeMy WebLinkAbout2004-09-03 TBOND PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT SEPTEMBER 3, 2004 A regularly advertised hearing on the application of was THAD E. BOND (REZ 04-010) called to order at 9:02 a.m. in the King Kamehameha's Kona Beach Hotel, Kamakahonu Ballroom, 75-5660 Palani Road, Kailua-Kona, Hawaii, with Chairman Fred Galdones presiding. PRESENT:Fred GaldonesABSENT & EXCUSED: Bill P. Thibadeau C. Kimo AlamedaRene€ Siracusa Earl Fujikawa BillGraham Jeffrey McCall Hannah Springer Francis Smith Ivan Torigoe, Deputy Corporation Counsel Chris Yuen, Planning Director Norman Hayashi, Planning Program Manager Jeff Darrow, Staff Planner Kiran Emler representing Department of Public Works And approximately 16 people from the public in attendance APPLICANT: THAD E. BOND (REZ 04-010) Change of Zone from an Agricultural 20-acre (A-20a) to an Agricultural 10-acre (A-10a) district for approximately 20.992 acres of land. The property is located along the southeast side of Kaloko Drive, approximately 500 feet west (makai) of the Kaloko Drive  Huehue Street intersection, Kaloko Mauka Subdivision, Kaloko, North Kona, Hawaii, TMK: 7-3-27:21. GALDONES:Commissioners, on the agenda items, we have quite a bit of issues before us today and hopefully we will be able to get over this at a decent hour today. First one is New Business, Agenda Item No. 1, the Applicant is Thad E. Bond (REZ 04-010). This is a Change of Zone from an Agricultural 20-acre (A-20a) to an Agricultural 10-acre (A-10a) district for approximately 20.992 acres of land. Norman? HAYASHI:Thank you, Mr. Chairman, and members of the Commission. Good morning. The application filed by Thad Bond is for, as the Chair had indicated, is for a rezoning from an Agricultural 20-acre to an Agricultural 10-acre zoned district. The property is located along Kaloko Drive and is indicated by this orange-shaded dot. It is approximately in the vicinity of the Kaloko Drive Huehue Street intersection. It is on the mauka side of Kaloko Mauka Subdivision. That€s EXHIBIT A indicated in this general configuration. The colors on the map indicate the various zoning for the area. Within the Kaloko Mauka Subdivision, there are lands that are zoned for Agricultural 3-acre indicated in this light blue shaded area. We also have some Agricultural 5-acre zoning. We also have some Family Agricultural 5-acre zoning, as well as Agricultural -. In this darker shaded blue, it€s an Agricultural 7-acre zoning. The blue areas here are lands that were rezoned to an Agricultural 10-acre. The Applicant is requesting to subdivide the property into two lots, which would be approximately 10-acre plus acres in size. Both would have access off of Kaloko Drive. This rear portion would be a flag lot. The Applicant indicated that they would be constructing a dwelling on each of the lot; andtheestimatedvalueoftheproposeddwellingwouldbeapproximately$450,000.The property is situated at the elevation of 4,200 feet. The Director is recommending approval of this particular request with conditions; and these conditions are similar to or are identical to those that were proposed or granted for all of the lands that are zoned for Agricultural 10-acre. Are there any questions at this time? GALDONES:Commissioner Springer? SPRINGER:I€m looking at Draft 3 of Resolution 58-97, which discusses the density of residences above the 3,000 feet in Kaloko Mauka Subdivision; and it indicates that there would be two residences per 20 acres, basically. Does this proposal preserve that intention? HAYASHI:Yes, that is consistent with that resolution. SPRINGER:Thank you. GALDONES:Commissioners, any further questions for Norman? If not, may I have the Applicant or his representative please come forward. Mr. Mooers, could you please raise your right hand. Do you swear or affirm to tell the truth on this matter now before the Hawaii County Planning Commission? MOOERS:Yes, I do. GALDONES:Mr. Mooers, could you please state your name and resident address? MOOERS:My name is Greg Mooers. My address is P.O. Box 1101 in Kamuela, Hawaii. 2 GALDONES:Mr. Mooers, have you received a copy of the Background Report and also the Recommendation, and do you have any comments on them? MOOERS:Yes, I have received them. And the only comment I would make is that this Change of Zone is based on the resolution that Commissioner Springer spoke of, as have all the other change of zones. You€ll see another one today and there are other, actually, numerous ones coming forward; and I think it might be good just to review briefly what the purpose of these resolutions were. When Kaloko was developed initially, particularly in the lower levels, there was an awful lot of the forest that was graded and cleared out for agricultural purposes, and there was concern expressed by many about the impacts on the watershed. The Council has passed two resolutions, the most recent ones, seven years ago, to address this and the purpose being as to allow the increased density in the area with the stipulations that preservation managers for the forests be established; and you€ll see in the conditions there some very strict conditions regardingtheamountofforeststhatcanbedisturbed.AndtheCouncil€spositionhas been, consistently over the years, is that the increased density that€s allowed by these rezonings is more than offset by the preservations methods applied in the Change of Zone ordinances and the conditions, so that the net benefit to the community is that these forests are preserved. Because presently there are obviously no conditions on these properties and so people could clear-cut them as has happened in the past. So that has been the trade-off that the County has adopted over the years. And this Change of Zone monitors the others and is similar as those and the conditions are identical. So that€s the gist. I wanted to refresh the Commissioners€ memory on that as to why these are coming and why you will continue to see these. GALDONES:Thank you, Mr. Mooers. Commissioners, are there any questions of Mr. Mooers? Commissioner Graham? GRAHAM:Greg, in light of what you said about the General Plan and policies and all, I just wondered if there have been any follow-up or you have personal knowledge as to whether these conditions to maintain the forest are effectively being adhered to under the purpose that it was intended? MOOERS:Yes, I do believe they have. And, in fact, I think on the next one that€s on the agenda for Mr. Knierim, you€re going to see that one of the conditions is going to require reforestation of a lot that was previously substantially grubbed. So I think it does have that effect. One of the other things that happens, of course, is the impact fees that the Council has been imposing are being allotted toward the improvement for the intersection. And I think under this administration there has been a very conscious effort made to identify those funds and really keep very good track of where they are now. And it may not have always been the case but it certainly is now, so that we actually are working toward a resolution of that situation. So I think, yeah, the conditions have been tightened up and I think particularly with the Councilmember Tulang now looking at the forest management plans is that we€re now looking at retaining some professional people to develop those plans and consultation so that there€s even a better monitoring and development of reforestation and monitoring this. But I€m 3 not aware of people violating the provisions of these rezonings. I think people have been very consistent about it, about maintaining those setbacks and not clear grubbing the entire lots. GRAHAM:Thank you. YUEN:I could address that, too. When we, when the new administration came in, we did review certain conditions like this placed on rezonings for several years prior in Kaloko Mauka. We did get, we bought some aerial photographs of the area so that we would have a baseline because sometimes it€s difficult. If somebody does grub or grade, it€s difficult to know when it happened if they didn€t get a permit for it. We did cite a couple of violations of prior forest management conditions; and those we did have requirements for replanting the areas to take cure the violations. So we have gone out and enforced this and we do have a baseline set of aerial photos so that we know what wastherein,youknow,1999sothatifwehavepeopleviolating,well,forexample,this property here, we would be able to enforce it in the future. GALDONES:There being no further questions from the Commissioners, Sharon, is there anybody from the public signing up to testify on this matter here? NOMURA:No, none. GALDONES:Commissioners, that being the case, the staff€s recommendation is to give a favorable recommendation and forward it to the County Council. Commissioner Fujikawa? FUJIKAWA:I€m ready to make a motion. GALDONES:Motion is in order. FUJIKAWA:I make a motion to accept the application of REZ 04-010 and forward it to the County Council. SPRINGER:Second. GALDONES:It has been moved and seconded that Thad E. Bond€s Change of Zone application (REZ 04-010) be given a favorable recommendation and be forwarded to the County Council. Discussion, Commissioners? Norman? HAYASHI:Commissioner Fujikawa? FUJIKAWA:Aye. HAYASHI:Commissioner Springer? SPRINGER:Yes. 4 HAYASHI:Commissioner Alameda? ALAMEDA:Aye. HAYASHI:Commissioner Graham? GRAHAM:Aye. HAYASHI:Commissioner McCall? MCCALL:Aye. HAYASHI:Commissioner Smith? SMITH:Aye. HAYASHI:Chair Galdones? GALDONES:Aye. HAYASHI:Mr. Chair, motion carries. GALDONES:Thank you, Norman. Mr. Mooers, you€ll be informed in writing to today€s actions. MOOERS:Thank you. The discussion ended at 9:17 a.m. Respectfully submitted, Sharon M. Nomura, Secretary 5