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HomeMy WebLinkAbout2005-10-21 TYIM PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT OCTOBER 21, 2005 ERROL YIM AND ANDREA YIM (REZ A regularly advertised hearing on the application of 05-008) was called to order at 9:19 a.m. in the King Kamehameha's Kona Beach Hotel, Islander Room, 75-5660 Palani Road, Kailua-Kona, Hawaii with Chairman Fred Galdones presiding. PRESENT:Fred GaldonesABSENT & EXCUSED: Hannah Springer C. Kimo AlamedaAllen Salavea Jeffrey McCall Rodney H. Watanabe Rene€ Siracusa William R. Graham Chris Yuen, Deputy Planning Director Norman Hayashi, Planning Program Manager Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner Ivan Torigoe, Deputy Corporation Counsel And approximately 1 person from the public in attendance. APPLICANTS: ERROL YIM AND ANDREA YIM (REZ 05-008) Change of Zone for 25.718 acres from an Agricultural 20-acre (A-20a) district to an Agricultural 10-acre (A-10a) district. The property is located at the northern corner of Kaloko Drive and HaleamauStreet,KalokoMaukaSubdivision,Kaloko,NorthKona,Hawaii,TMK:7-3-26:14. GALDONES:Commissionersweareonagendaitemnumber2.TheapplicantisErrol Yim and Andrea Yim, REZ 05-008. This is a change of zone for 25.718 acres from an Agricultural 20-acre, A-20a district to an Agricultural 10-acre, A-10a district. Norman? HAYASHI:Thank you Mr. Chair. Again to the Planning Commission€s overall location map. This would be Mamalahoa Highway and going towards Kailua and this would be in the Waimea direction. The Kaloko mauka subdivision extends from Mamalahoa Highway up to this area that is indicated as conservation and in this general configuration. The subject property is located along the northeast side of Kaloko Drive, which is this particular roadway, and it also is at the corner of Haleamau Street. The colors indicate the variouszoning district. Again the darker greenareas are Agricultural 20-acre zoned lands. We have Agricultural 10- acre zoned lands indicated by this lighter, this particular blue colored area. We also have some Agricultural 5-acre, Agricultural 7-acre, Family Agricultural 3-acre zoned lands within the Kaloko Mauka subdivision. So they€re a number or different types of zoning for that particular area. This particular property is located at elevation 3,600 feet. It is currently vacant. It€s heavily forested. The applicant intends to subdivide the property into 2 lots. Again this would EXHIBIT B 1 be Kaloko Drive and Haleamau Street. So the applicant intends to subdividethe property into 2, 10+-acre size lots. Single-family dwellings will be constructed on the property on both lots. According to the applicant each lot will be owned, the first lot will be owned by the applicants and the second lot will be owned by the applicant€s daughter and son-in-law. Water is available to the area and sewer would be by individual wastewater treatment system. The Planning Director is recommending approval of this request with conditions and these are standard conditions, normal conditions that we recommend or impose for the subdivisions or rezoning within this particular area. Are there any questions? GALDONES:Commissioner Siracusa? ' SIRACUSA:Thank you. Since this area is within the Alala recovery zone I€m wondering if they would€ve- is that covered by-? Since it€s a federally listed species would the recovery plan come under U.S. Fish and Wildlife or is this DLNR Forestry and Wildlife is it theirkuleana? HAYASHI:Yes.Myunderstandingit€swiththeU.S.FishandWildlifeService. SIRACUSA:Okay.Soshouldn€ttheyhavebeensentaletteraskingfortheirinput? HAYASHI:Wecouldhavedonethatbutforthisparticularareaweknowthatinthe past that this particular zone within this certain elevation is a possible 'Alala bird- I always get them mixed up. SIRACUSA:Habitat? HAYASHI:A habitat. So we did not send the application. But we can, we could start sending it to them again. SIRACUSA:I would certainly feel more comfortable with that. There are obviously some conditions in the recovery plan that these people would be bound by but we did not get any copies of that to refer to. So I don€t know. For example, you know like birds tend to be sensitive indicators in terms of air aerosol pesticides and I€m wondering if there€s anything in the recovery plan which would prevent the applicants and their in-laws from using certain chemicals in the area to prevent them from impacting the 'Alala. We know the population is very tiny now and pretty much on its last legs. There€s some question even as to whether its still a viable population considering the depredations of our other endangered species the hawk, the I'o. So I€m wondering if there€s any provision there or perhaps the Director would know whether there€s any provision in the recovery plan regarding use of aerosol pesticides? YUEN:I don€t know but the recovery plan is not a land use regulation. The area was never actually designated as critical habitat for the 'Alala. And so there isn€t any, when you designate a critical habitat for Federal actions taken in the area there€s a federal consultation requirement but this isn€t actually critical habitat. So, I€m not sure what the details of the recovery plan were or what they would have proposed for any controls in the area but it isn€t actually under any kind of Federal regulation or control. EXHIBIT B 2 SIRACUSA:Question. GALDONES:Commissioner Siracusa? SIRACUSA:So item 16 in the background report that talks about the recovery plan and says that its recommendations from the U.S. Fish and Wildlife Service. The plan recommends that portion of lands of Kaloko above approximately the 3,200 to 3,400 foot elevation and this property falls within that designated as an essential habitat for the 'Alala. The subject property is located within block 8 and the, somewhere else it said that blocks 8 through 13 are designated essential habitat. So it would seem that that is designated there. YUEN:There€s a very formal process for designating critical habitat for any endangered species. This plan was a recommendation that wasn€t implemented. They never, theydidn€tactuallydesignatethecriticalhabitatforthe'Alalainthisarea. SIRACUSA:DidtheydesignateitinotherareasbecauseIknowpartoftheendangered species law requires that critical habitat be named for any listed species. YUEN:I am not sure if there is critical habitat; if there was an area that was designated critical habitat for the 'Alala. SIRACUSA:If Mr. Mooers knows the answer to that then I will hold my question until he comes up. GALDONES:Are there any further questions? Commissioner Graham? GRAHAM:One and my understanding may not be quite right on this but I€m comparing this application with the one before. Both of which we have correspondence indicating there€s road impacts at the intersection of the roads. In this instance it looks like there€s an agreed upon amount of money that€s supposed to be the fair share contributions to work towards mitigating the road impacts and it looks like the applicant has to put the money up front. Whereas in the one before it seemed like the applicant is required to pay a later date sum, amount to be determined at a later date. So, I may have that wrong but it seems a little unusual that the 2 are handled in such a different manner. Do you have any comment on that? HAYASHI:You€re talking about Condition L? Commissioner Graham? Commissioner Graham is that Condition L you€re referring to? GRAHAM:Yes. HAYASHI:Okay that is a condition that we normally use for this particular, rezoning in this particular area. We may have in the past stated that they had to contribute 3,600 dollars towards the improvement of that intersection to be put in a pot but we decided over recent years to put a condition that they contribute their fair share contribution as noted in condition 11. So if there was something that we did recently that€s different then I€m not too sure about that. EXHIBIT B 3 GRAHAM:No I don€t know that there€s any change so maybemy comment is kind of belated. But in the prior application and other ones we€ve had in that area I think any payment to mitigate the fact or concerns is sort of scheduled for the future. So this would mean that the County would have to come back to the landownerin the future and say you know, youve agreed to pay this and that. I€m just wondering why that€s different from what happens here. HAYASHI:You€re referring to the application we just read? GRAHAM:Yes. HAYASHI:Oh, okay I€m sorry I had mistaken you to say that other rezoning in the Kaloko Mauka. GRAHAM:Ohpriorapplicationsyouwerethinkinginthisarea? HAYASHI:Yeah.InthisparticularcaseIthinkwefeltthatweknowthatthe improvements has to go in this is why we recommending that this particular condition be imposed at this time with specific money delineation. As far as the other we still need to review the impact that the creation of additional lots will have on the Kawaihae Road, Anekona and Kanehoa Street Intersections. So that has not been determined at this particular time. So basically for that particular application, those applications in that area we€re saying to defer it until some later date. GALDONES:Further questions of Norman? Mr. Yuen? YUEN:I just wanted to say one more thing about the question about the 'Alala. Currently under the current zoning there isn€t any protection for the forest cover at all. If you get a grubbing permit or if you were to grub a larger area you would need a, the NPDES permit. But both of those would have controls related to soil erosion they wouldn€t prevent you from removing the tree cover at all. So in these rezonings we€re adding a forest preservation condition to them, which if the 'Alala were ever to be returned to the wild and one tried to establish them in this area then this action here would€ve had the effect of giving greater protection here to the native forest. GALDONES:Seeing no further questions or further comments for Norman. Will the applicant or his representative please step forward? Mr. Mooers you€re still under oath. Have you received the background report, the recommendations also the conditions of approval and do you have any comments to those documents? MOOERS:Yeah I have received the background report and recommendation and the comments are consistent with all the other change of zone applications in that area so the applicant has no comment. GALDONES:In reference to Commissioner Siracusa€s question do you have any response to that? EXHIBIT B 4 MOOERS:I think Director Yuen is probably accurate, or answers accurately as I understand it. I think the history of the Council resolutions that support the change of zone in this area have been to preserve theforest because early on in the life of this subdivision there were a number of lots that were completely grubbed and other agricultural pursuits took place, Christmas tree farms, roping arenas, depending upon the elevations. And it was the goal of these resolutions I believe that, to preserve the forest as much as possible cause you know at the present time there are no conditions that will prevent the owners from clear cutting the forest. And I think the idea was to establish some reasonably strict requirements and in this case 80% of the property must remain a native forest and that that was thought to protect a number of species in the watershed. I think the major epodes at the time that the resolution was passed was protection of the watershed so that I believe is kind of the history of this. And I would concur with Mr. Yuen, I do not believe this area has ever been designated a critical habitat. I think the recovery plan designated areas and suggested things but they did not, that did not occur. GALDONES:Commissioner Siracusa? SIRACUSA:I have another question for Mr. Mooers. I understand that you requested a noeffectletterfromtheStateDepartmentofLandandNaturalResourcesHistoricPreservation Division. We have nothing in the way of a response in our packet. Have you heard anything or is there any update you can emprise us about? MOOERS:I have not heard anything and typically they do not respond. They established. I shouldn€t say that. A number of years ago when they had more staff they would respond and they did respond always with no effect letters. At this elevation they don€t believe that there€s anything that they would find. Also the mere process of trying to do an inventory survey would basically cause severe disruption to that forest cause the only way you could be able to get through there would be you know the archaeologist walk through relatively arm in arm 3 meters apart and look. So historically they have granted the letters but in the most recent history and Staff can probably correct me if I€m wrong here is that they have not been sending letters back. We send in the letter requesting no effect and if it€s something that they are concerned with they tend to respond quickly and if it€s something they€re not concerned with we simply get no response. SIRACUSA:Thank you. GALDONES:Any further questions? Commissioner Graham? GRAHAM:Just picking up Commissioner Siracusa€s concern about the habitat for the 'Alala. I was just thinking maybe applicants in this area above 3200 and 3400 foot elevation, maybe we could just ask them as a condition to contact Fish and Wildlife Service and just receive from Fish and Wildlife Service their recommendations on practices to be used on their land to best preserve habitat without having any recommendation for any particular action. We€re asking them to do other than just contact Fish and Wildlife Service and learn about the best management practices. EXHIBIT B 5 MOOERS:Would you like me to respond? GALDONES:Yes. MOOERS:Yes there is a requirement that we prepare a Forest Management Plan. Maybe the appropriate protocol would be to have Planning Department make contact to determine what sorts of things they ought to have in that Forest Management Plan that would in effect accomplish the goals that you€re seeking. Rather than have a whole series of individual applicants come down. If there are some standard conditions or some standard language that they€d like to see in the Forest Management Plan that would be implemented then across the board. GRAHAM:That sounds appropriate to me. GALDONES:Anyfurtherquestions?Anyfurthercomments?Mr.Mooersanyclosing statement? Commissioner Siracusa? SIRACUSA:Is there some way that we would have to make that request to Director Yuen official? YUEN:We€re trying to standardize the Forest Management Plans because they are all mostly essentially going to be the same. One thing to remember about the 'Alala is that there are no, unfortunately, there are no 'Alala actually in the wild anymore. They€ve been all taken out. They€re all, there€s an attempt to produce a captive breeding stock and they€re going to be put back in. There€s no telling where they€ll be put back in but the most likely place would be the Federal Forest Bird Sanctuary in south Kona. That€s where the last population was. Then there€s also the State Bird Sanctuary at Pu'uwa'awa'a, which is about a 3800-acre area of native forest. So, it€s a little bit hypothetical what you would do besides keeping the forest there. The kinds of things that hurt the 'Alala are, there€s a problem with the I'o. Rats are a big problem. And I just don€t know, you know they might come up with a lot of recommendations for the owners to control rats on their property. I don€t know how far we can really go with expecting a private owner of a lot to implement really active measures in terms of maintaining, beyond you know keeping the forest cover for the 'Alala. GALDONES:Commissioner Siracusa? SIRACUSA:Under the circumstances I would like to request of Mr. Mooers that he take it on personally to discuss this issue with the applicant and suggest to the applicant that he contact U.S. Fish and Wildlife for any recommendations. And not make this official just you know ask if you would do this as a good guy. MOOERS:I€ll try to be a good guy and I will make that request to the owner and if the owner is reluctant I will personally make contact with Fish and Wildlife. SIRACUSA:Thank you very much. EXHIBIT B 6 GALDONES:There being no further discussion or any questions? Commissioner McCall? MCCALL:Yeah I just wanted to say that in the Forestry Management Plan that the County Resolution says that the Forestry Management Plan needs to be worked with the State DLNR and NRCS. It doesn€t mention the U.S. Fish and Wildlife but DLNR would have, you know if there is best management practices to protect the 'Alala, State DLNR would have those and I think would probably make those recommendations. GALDONES:Commissioner Graham? GRAHAM:I just wanted to ask Mr. Mooers regarding my prior question to Norman about the timing, about the assessments to the property owners for dealing with the road intersection issues of the prior application near Kawaihae Road and the current application of his senseofwhythey€rehandleddifferently. MOOERS:Ithinktheyreallyare2differentsituationsandthatresultsinthedifferent conditions. In the case of Kaloko Mauka you have many, many lots accessing through that intersection. There have been a history of accidents there. There€s some sight distance issues and I think that there€s no one that would dispute the fact that intersection improvements are indicated there. And so the funds are collected at the time of the rezonings and the subdivisions to apply toward the intersection. In the case of the Anekona-Kanehoa ones I think it€s a totally different situation. You have 2 intersections into that subdivision. Both have very good sight distance. There€s not a history of accidents there. The level of service are A‚ in both of them. And I guess I object somewhat to some of the comments DOT has had a history of making on those intersections when they€ve allowed subdivisions just up the road at South Kohala View Estates with 165 homes with 2 access points, no requirements for channelization or elimination of the intersections. At the time that this condition was drafted, and this has been a pretty standard condition now for I suspect about 8 years maybe longer. The understanding was that if the intersections ever did become bad enough that the Department of Transportation elected to put it on their list of projects then the applicants would pay their fair share. And the idea would be and I think it€s come true is that when you look at the number of rezonings in the area the County could very easily then implement an improvement district and with these zoning conditions would have passed approval of well over the number required in order to implement an improvement district and they would pay their fair share. My prediction would be is that there€ll never be improvements made at those intersections because they€re not warranted. GRAHAM:Thank you. GALDONES:Seeing that there are no further questions or comments of the applicant. Commissioners this comes with a favorable recommendation and be forwarded to the County Council. Motion is in order. Commissioner Watanabe? WATANABE:I move that a favorable recommendation be forwarded to the County Council on application for Change of Zone REZ 05-008 based on the Planning Director€s recommendations. EXHIBIT B 7 MCCALL:Second. GALDONES:It has been moved by Commissioner Watanabe, seconded by Commissioner McCall the application by Errol Y.L. Yim and Andrea B. Yim, Change of Zone Application REZ 05-008 be given a favorable recommendation and be forwarded to the County Council along with the background report, recommendations and the conditions for approval. Further comments? Discussion? Seeing none, Norman? HAYASHI:Commissioner Watanabe? WATANABE:Aye. HAYASHI:Commissioner McCall? MCCALL:Aye. HAYASHI:Commissioner Alameda? ALAMEDA:Aye. HAYASHI:Commissioner Graham? GRAHAM:Aye. HAYASHI:Commissioner Siracusa? SIRACUSA:Aye. HAYASHI:Chair Galdones? GALDONES:Aye. HAYASHI:Mr. Chair, motion carries. GALDONES:Thank you Norman. Mr. Mooers you will be informed in writing of today€s actions. This discussion ended at 9:44 a.m. Respectfully submitted, Lynette Marushige, West Hawaii Secretary EXHIBIT B 8