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HomeMy WebLinkAbout2003-12-04 tuluwehi PLANNING COMMISSION COUNTY OF HAWAI`I HEARING TRANSCRIPT DECEMBER 4, 2003 A regularly advertised hearing on the application of ULUWEHI PROPERTIES (SLU 03-011/ REZ 03-026) was called to order at 4:05 p.m. in the Hapuna Beach Prince Hotel, Koa Room, ` 62-100 Kaunaoa Drive, Kohala Coast, Hawai`i, with Chair Fred Galdones presiding. PRESENT:Fred GaldonesABSENT AND EXCUSED:Bill Graham Earl Fujikawa Francis Smith Florence Kubota Jeffrey McCall Aurelio C. Mina, Jr. Hannah Springer (left at 4:30 p.m.) Bill Thibadeau Patricia O'Toole, Esq., Deputy Corporation Counsel Christopher J. Yuen, Planning Director Norman Hayashi, Staff Planner Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner Kiran Emler representing the Department of Public Works in atten And approximately 17 people from the public in attendance. APPLICANT: ULUWEHI PROPERTIES (SLU 03-011/REZ 03-026) a.State Land Use boundary amendment for 9.095 acres of land from the Agricultural to the Urban District. b.Change of Zone for 9.095 acres from an Agricultural 5-acre (A-5a Residential Î 15,000 square foot (RS-15) district. The property is located along the southwest (makai) side of Hualalai Road and also makai of the Kona Orchard Subdivision, approximately 700 feet south of the Hualalai Road and Kahului- Hienaloli Road junction, Puapuaanui, North Kona, Hawaii, TMK: 7-5-17:21. GALDONES:The next item on our agenda is Uluwehi Properties (SLU 03-011/ REZ 03-026). a. This is a State Land Use Boundary Amendment for 9.095 acres to the Urban District. 1 EXHIBIT F b. This is a Change of Zone for 9.095 acres from an Agricultural 5-acre (A-5a) to the Single Family Residential Î 15,000 square foot (RS-15) District. Norman? HAYASHI:Thank you, Mr. Chair and Members of the Commission. First of all, I'd like to apologize for giving you the Background Report and Recommendation only this morning. There was one issue that needed to be resolved before we were able to finalize our recommendation, and that was with regard to the access to the property. Since that time, the Applicant has submitted to us letters to verify that they do have -, they will have be having -, they will have -, they have authorization from the adjoining property owner to gain access to their property from the adjoining property owner's property. The subject property is located again by this red dot. It is mauka of the Queen Ka`ahumanu Highway. This would be towards Kailua village, and this would be in the Keauhou direction. This is Huallai Road going mauka, and it veers to the right. The Kona Orchards Subdivision is located in this location, and the subject property, again, is indicated here. It is within the State Land Use Agricultural District, and the Applicant is requesting that it be reclassified into the Urban District. Also, as part of this simultaneous request, the Applicant is requesting that the current zoning of Agriculture-5 acre be reclassified to Single Family Residential-15,000 square foot minimum lot size. The access to the property would be from Huallai Road, from Queen -, off of Queen ` Kaahumanu Highway, would be from Huallai Road, and they would gain access from the adjacent Huallai Heights Subdivision, which is currently being reviewed for subdivision approval. That would be the -, there will be a roadway that comes off of Huallai Road within the Huallai Heights Subdivision, and the Applicant would gain access from that particular roadway. Also, some of the lots will gain access off of a driveway which is located along the mauka portion of the property. The zoning in the area, if you look at the map, the various zoning in the area, colors on the map indicate the various zoning in the area. The darker yellow area are Single Family Residential-7,500 square foot zoned district. The Huallai Heights Subdivision is zoned RS- 20, or 20,000 square foot minimum lot size. Agriculture-5 acre zoning indicated in these lighter shaded green areas, and we also have some Agricultural-1 acre in the darker green areas. The mauka area, or the Kona Orchards Subdivision, is zoned Residential Agricultural half acre. The Planning Director is recommending approval of both the State Land Use Boundary Amendment and the Change of Zone application subject to conditions. Are there any questions at this time? GALDONES:Commissioners? Commissioner Springer. SPRINGER:Thank you. Norman, when you described there being an additional access to the property through some driveways, I think you said. 2 HAYASHI:Yeah. This is -. There is an existing lot here in this general configuration, and the Applicant will have access for some of these lots along this existing pavement or driveway. SPRINGER:And that's access from the driveways in the subject property to another existing longer driveway? HAYASHI:This driveway is not part of the lot, it is part of another lot on the mauka side of the subject property. The Applicant has authorization to utilize this existing driveway to provide access to these proposed lots. SPRINGER:It's a private road? HAYASHI:That's correct. SPRINGER:And how many -? HAYASHI:It's a private driveway. SPRINGER:And how many lots would be accessing that private drive HAYASHI:Right now there is -, well, there is one existing house that gains access from this lot. The proposal is to create one, two, three, four, five lots utilizing this particular driveway. SPRINGER:Thank you. GALDONES:Commissioners, any further questions of Norman? If none, will the Applicant or his representative please come forward. Do you swear or affirm to tell the truth ` on this matter now before the Hawaii County Planning Commission? LIM:Yes, I do. GALDONES:Mr. Lim, please state your name, residence address. LIM:Thank you, Mr. Chairman, Members of the Commission. I'm Steven ` Lim, Hilo, Hawaii, representative of the Applicant, Uluwehi Properties, LLC. With me today are our planning consultant Royden Yamasato, the principle from the LLC, Mr. Ian Joye, and next to him is the manager of the LLC, Mr. Barry Parker, and our project engineer, Bruce Witcher. GALDONES:Mr. Lim, have -? 3 LIM:We have received -. GALDONES:You received the -? LIM:Copies of the Background Report and Recommendation for the State Land Use and the Change of Zone applications, and with a couple minor comments on the zone change conditions, we accept and agree with the report and recommendation. GALDONES:Thank you. Commissioners, do you have any questions of Mr. Lim? Hearing -. Mr. Lim. LIM:I was just going to give up the floor. I know that they hav people from the public adjoining the property who have been patiently waiting all day long to come and say their piece, so I wanted to give up the floor, after which I will make my presentation. GALDONES:Fine. There have been -, there are two individuals who have signed up to testify, Richtor Reynolds and George Error. 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? TESTIFIERS:I do. GALDONES:Mr. Reynolds, please state your name, your residence address, and you may begin your testimony. ` REYNOLDS:My name is Richtor Reynolds. My address is 75-679 Hua Ai Street, Kailua-Kona. I am the president of the Kona Orchards Homeowners Association. GALDONES:You may begin your testimony. REYNOLDS:I think just to begin I want to say we are in favor; we are not here to protest the subdivision. Some things have come up that may be even a bit beyond the subdivision that we, as owners, and the other owners wanted me to be here to at least make sure you are aware of. One is that Kona Orchards Subdivision, Hienaloli Street, Makapono Subdivision, this area is a prime drug dealing location. It's only moments off the highway, so this has been constant. A car broke down last week on Hienaloli Street, and within hours it was completely destroyed. I'm saying that because we are of some understanding that the corner across from what's described as the little driveway may be some sort of park. Now I'm not going to be one to poo-poo a park in any sort of way in Kona, okay. We are only -, we don't know to what degree if that's, if they're saying it'll be a park, but in the end it'll be someone's yard or it really is a park, we just want to express some concern, the owners wanted, you know, the 4 other owners, that if there is, if there was a way to get a light there, to keep the parking at a minimum, because this is -. I could go on and on with how many times people have -. You know, they come up from town, they stop, they make their deals, and they go back downtown because it's just a few minutes away. So if some concern was put to that, that would be wonderful. The second thing is that somehow this property now is in, you know, three different owners and there may be all kinds of SMA things that don't have to be applied for because of that, and things, all kinds of things happening because of that. Meanwhile, the access here, what isn't being said, we've been waiting years, and I am not a protestor sort of person, we've been waiting most of a lifetime, what it seems like now, for Lako Street to go through, that never has. So it seems like whatever reason the loopholes that Lako Street is being given to not make this, their part go through, now may just move farther down the street. This may be one of the most dangerous, you know, now one of the top dangerous sub -, intersection places in Kona. And Kona Orchards, it was developed in an older style, let's say. After 15 years, the owners discovered that it wasn't even finalized subdivision, we bought our lots and it wasn't even finalized. Our street, which see it's not part of these guys, so this would be something for Ki or Highway people or somebody, I don't know, to be aware of. Our street, I'm sure it's a substandard grade when you come to the intersection. This is hundreds of feet from here, okay, this is not -. It's 700 feet to Hienaloli, so this is a couple hundred feet from here. So what's happening, Kona Orchards comes down to Huallai Road and after a little rain, the oil comes up on the road, the cars slide into the road. Now this is a regular event. Meanwhile, there's a blind curve right there. The blind curve is just far enough away that the mirrors don't help at all. Now I've been riding this road for 33 years, okay. I'm telling you, there are close calls daily at our intersection. This is not an exaggeration. Daily, there are close calls of people coming out. Turning left from Kona Orchards onto the road is almost impossible. Now on the makai side of the road, there are monkeypod trees, okay. My concern is as the road gets realigned, there be some concern. Now after years of years of discovering that our subdivision didn't have a final approval, and we'd been living there for years, a drainage ditch went in. You know, the road, the streets in there weren't finalized, okay. So a drainage culvert was put in. It was put in off center by enough feet that when the water comes down Kona Orchards, okay, it doesn't go into that drainage ditch, it washes everything out on the road. Then to add to it, of course, we were allowed up Lolo Lane, several more houses now attached through Kona Orchards. So the point I'm trying to make about this is that what's being created here, it's feet away from their place, okay. So some concern. If the monkeypod trees have to go out and the road is realigned, that's wonderful, but I'm just, somebody needs to be brought to this attention. And I think the -, you know, the last thing would be that this stuff somehow, and this is no fault, I'm not trying to accuse the -, these people are not the same, but in Kona Orchards, we've had bulldozers going nonstop for four years. Thanksgiving, we have them with lights at 5 night time. We've probably had a million cubic yards moved with a grubbing permit. It just goes nonstop. Calls to the Police Department, calls to everyone, they're all useless, okay. I think these are different people, okay. I don't think these are the same people. I'm here, I am saying this now, these bulldozers start at 5:30 in the morning, they go on the weekend. There is no one to call, there is no action. Calls have been made everywhere possible, and everyone in our subdivision has simply given up to it. Now we have more going below us, okay. Like I say, I don't think these people are the same style as the other people that are all going around us, but it just needs to be brought up. Thirdly, however this access, or lastly, however this access happens, it would really be wonderful that whatever little loopholes or whatever things Gamrex and Maryl were provided, it would be really wonderful if all this access were -. I know we're looking at one place today, but there are three or four little parcels that are together there, okay, that if all the access that now affects all the people on Huallai Road, if that wasn't in such a little loophole like, let's say, Hoklia, we find out years later there's some little strip owned by a private person, and it may never happen. You know, we here that, okay, or we hear that years later Lako isn't going through now because of Phase II has to sell. It would be wonderful if all these access things had to happen somehow in the beginning or were provided for in the beginning so that if something slips up in the development right in this area, we're not further made to suffer like we are from Lako Street not opening. And thank you very much. GALDONES:Mr. Fujikawa. FUJIKAWA:I have a question for the testifier. Whereabouts on the map that you are living at? REYNOLDS:I think on the paper it says it's 700 feet to Hienaloli, so on this kind of a map, Kona Orchards is the closest intersection across the street from -, in fact, we're almost directly, we're like 30 feet, 30 feet kitty-corner here, okay. But you see here this curve, this is a blind curve, okay, that without any subdivision, people's lives are jeopardy every single day coming around here. I'm talking about close calls on a regular basis coming right around here, okay. There are two wonderful monkeypod trees here, okay, and I understand nobody's ever wanted to cut them, but at this particular point, I'm saying there needs to be some concern. If the monkeypod trees have to go, they have to go, but this needs to be straightened up in some kind of way. Now what's about to happen here is huge, and if Lako Street continues to go the way, I only read about it in the paper, this is going to be massive right here, right in this area, okay. FUJIKAWA:Right. REYNOLDS:I don't think I'm saying anything that's a surprise to the people that live there or live in Kona. FUJIKAWA:So you get onto -? 6 REYNOLDS:We enter -. FUJIKAWA:Huallai Road, right? REYNOLDS:Yes, sir, on the mauka side of the street. And we can, our mail boxes, I mean when they're at their mailbox, we can say good morning to each other. I mean our entrance is right, just right here. FUJIKAWA:I have a question with Staff now. GALDONES:Commissioner Fujikawa. FUJIKAWA:Norman, the Applicant, which is their main road right there? HAYASHI:Their main access? FUJIKAWA:Yeah. HAYASHI:To this proposed subdivision? That would be through the Huallai Heights Subdivision. That is -, there's -, Huallai Heights Subdivision is currently being reviewed by our office; no final subdivision approval has been granted. However, the Applicant has obtained authorization from the landlord of Huallai Heights to come through their property, and that would mean that the Applicant would come up off Huallai Road, come through the Huallai Heights Subdivision, and cross over on this particular road. FUJIKAWA:I see. So in other words, that particular road that Y's into Huallai Road still stays there, right? HAYASHI:This section here, or this section -? FUJIKAWA:Right. HAYASHI:Is that what you mean? FUJIKAWA:Right. HAYASHI:Yes. FUJIKAWA:It is a dangerous curve. GALDONES:Commissioner Springer. YUEN:Could I -? 7 SPRINGER:That answers my question. YUEN:Could I just elaborate on that a little bit? What the gentleman is talking about is -, what Norman says is correct that the bulk of the subdivision and, unfortunately, I think that you may not have this map in your materials. This is a proposed subdivision layout. It doesn't mean that the subdivision would have to be laid out this way, but this is a proposed layout. Under this plan, the bulk of the traffic would come in to a, to a road that's through Huallai Heights into the middle part of the subdivision. FUJIKAWA:I see. YUEN:But the way they have this laid out though, there are six lots that would feed into this mauka road that comes, that currently comes in and makes a Y connection with Huallai Road. This is what the gentleman is complaining about that there is a blind connection there, if I understand him correctly. Also, that Huallai Road is a, there's a bad curve on Huallai Road. The condition of approval that's meant to handle that is G. The private road access to Huallai Road serving proposed lots A-1 through A-6, including the provision of adequate sight distances, shall meet with the approval of the Department of Public Works. The pavement shall be widened to comply with the Subdivision Code. The approach shall be reconstructed to ` align with Hua Ai Street, and that is the Kona Orchards street that comes down from above, and a turnaround shall be provided in conformance with the Subdivision Code. The approach grade shall provide for the future widening of Huallai Road to 60 feet. So the idea is that we would, that this would have to be, the approach to Huallai Road from the six lots would have to be realigned to provide a safe approach, and it may not be necessarily in the same alignment. It probably would not be in exactly the same alignment as the current road. FUJIKAWA:Great. Thank you. GALDONES:Commissioners, any further questions of Mr. Reynolds? Commissioner Springer. SPRINGER:Might we take a brief recess so that we can, those of us who might want to, or may I approach the map so I can better see while we're having this discussion? GALDONES:Please do so. SPRINGER:Thanks. HAYASHI:Just for your information, the same map is also in the document that you received. It's Petitioner's Exhibit C. 8 GALDONES:With your indulgence, Commissioner Springer, Mr. Reynolds has a question or a statement. REYNOLDS:Yes. My concern wasn't just the five lots, and it's really not -, it's more to you folks as planners. I don't mean to rntmckhjdHll`ss`bghmfsgdrdftxr`rjhmfenq` subdivision, okay. If Lako Street -, I don't know anything about Lako Street. If it continues on like it has in my life, then entering into one of the largest intersections in Kona is going to be going through Pualani, so these five lots are little compared to what's going to happen. Everybody coming down Hienaloli Road that wants to go left on the highway, they're all going to -, it's all going to congest right there at Pualani, which is not -, you know, the mauka intersection, okay, which is not really these guys, but I'm saying it affects all of this right here, okay. So it's much more than just the five lots right there, okay. I don't think their change of zone is going to affect anything happening. Mine is more overall, you know, road planning. XTDM9BntkcHitrsi>Vg`sgd&rs`kjhng about is that Lako Street, which is a little bit to the south of this subdivision, is supposed to extend and provide a way for people in mauka Kona to come down to Kuakini. There have been a lot of problems, and I don't want to get into a blow by blow about this. It's not due to unwillingness on the part of Gamrex. It's -, there have been a lot of problems in finalizing that alignment. I think we're on the home stretch to doing that, and we should have that done pretty shortly. GALDONES:Any further questions or comments of Mr. Reynolds? Otherwise, Mr. Error. ERROR:I'm George Error, a resident of Kona Orchards, and until a few minutes ago, I felt pretty good about it. Now I see that our subdivision is not so hot. I live at ` 75-665 Hua Ai Street, and I'm on the board of directors of the homeowners association there. As Richtor Reynolds has described to you, we are not opposed, per se, to this subdivision, however, the density question is a little below the County General Plan of 20,000 square feet. They are requesting 15,000 square feet. Our subdivision is a half an acre, and all of the other subdivisions currently being developed in that vicinity are that large or larger. We can understand the developer wanting to maximize the number of lots in his parcel, but I would suggest that when you get into steep terrain, the topography should incorporate some sort of slope requirement so that there are lesser lots in those vicinities. This topic was addressed in the Huallai Heights proposal, where they have asked for, and I think the word is cluster development so that they could minimize some of the grading. The grading and excavation in our vicinity has been going on non-stop for quite some time, and we are in favor of any kind of planning that minimizes this activity. The traffic on Huallai Road, if you have traveled it recently, can be described in one word, it's scary, whether you're going mauka or makai. It's a windy road. It takes about two and a 9 ua half miles from Queen K up to Hlloa. The drivers there frequently exceed the posted speed limits, cross over the center lines, and accidents are very common. With the development of this project, Huallai Heights and Pualani Estates, conceivably it could become worse if we allow another, and I'll call it Lako North, in other words, another gap road that doesn't get completed. We have three developers, Pualani Estates, Huallai Heights, and this project, and these folks need to come to some agreement so that we have some assurance that this road indeed will be complete and we won't have another gap road. Maybe I'm wrong, maybe this isn't Lako two, and for some of you who might know Hawaiian words better than I do, maybe Lako means gap road, I don't know. But this connector road is important, and this development is dependent on the completion or the approval of Huallai Heights for their access. And I think that it's incumbent on the planning function to ensure proper alignment, configuration, and commitment to completion so that this road can properly serve over 100 residences in these three combined projects plus the surrounding neighborhood. There's been some question about this, I call it a glorified driveway. It's an easement that goes along the top of this parcel that's been pointed out, and I'm glad to hear from the Planning Director that there's some idea to change where that meets into Huallai Road. At the present, it is virtually impossible to make a safe left turn off of Huallai Road onto that driveway, and likewise, it is impossible to make a safe right turn to go mauka on Huallai Road from that driveway. It is virtually impossible unless you're riding on a motor scooter. The widening where this new road from the adjacent project, Huallai Heights, intersects with Huallai Road needs to have very careful and thoughtful planning. And we, as residents nearby, would like to be kept abreast of what you do plan for that. There's going to be a big volume of traffic, as described by Richtor Reynolds, going down that roadway, and until there is a blind spot or two that is not, that is taken out of the concern, it is going to be hazardous, at best. At the moment, where we predict that roadway will come in is less than 150 feet to blind corners both mauka and makai along Huallai Road. Widening it and providing a left turn lane is a minimum effort, and there has to be some further change in the alignment there to make it safe for people passing through. Mention has been made about a proposed park, and we applaud that. The proposed park is a irregular shaped piece of land mauka of this project and I believe is, in part, associated with the Huallai Heights Subdivision proposed, their Lot No. 28, I believe. Our concern there is, as already mentioned, what steps are to be taken to ensure that there is some parking, some lighting, some security and maintenance? Otherwise, it's no more than an open invitation for a new location for drug dealers and other nefarious things that go on at night in our neighborhood. One thing that has not been mentioned is that in addition to those kinds of activities, our subdivision, the residents there have had more than our fair share of burglaries. We have been in contact with our community police officer through our Neighborhood Watch coordinator to get their recommendation on what needs to be taken, what steps need to be taken to accommodate the proper development and management of this "park." 10 Finally, and certainly not least, is that Huallai Road currently is the school bus route for school children from preschool through high school, and one of the stopping places is at that very intersection where this driveway intersects Huallai Road, just 150 feet below a blind bnqmdq-Vdcnm&ssghmjsg`slr`fnncok`bdsng`ve to have school children congregate to catch their bus. Now we aren't going to ask you to change the bus route, but we can improve the blind corner situations so that perhaps we don't have another hazard awaiting us that will -, something that we will all regret. So in conclusion, there's really three things that we are vitally concerned about. One is the intersection itself, the new intersection coming up through Huallai Heights and utilizing, being utilized by this project. Number two, the paved easement that goes through, called a driveway. We think on the copy of the proposed subdivision that I have received, that driveway serves only one lot, Lot No. 5. And I would ask that that roadway or that driveway be stopped at that point and the rest of the lots be accessed from the main road that is adjacent to Huallai Heights, as outlined on this proposed subdivision. And finally, the proposed park we hope will be an asset to our community rather than a liability that those of us who live in the neighborhood will have to endure. I want to thank you for the opportunity to present these concerns, and we look forward to suitable solutions to all of these issues. GALDONES:Thank you, Mr. Error. Commissioners, any questions of Mr. Error? Thank you, gentlemen. Mr. Lim. LIM:Thank you, Mr. Chairman. If I may, I'll try to approach the diagrams as easier, and for purposes of your reference, Exhibits B and C to our application, those are copies of tax maps, and you'll see some of the roads I'm talking about. The roadway system in this area for the projects that were mentioned by the gentlemen, Pualani Estates, Huallai Heights, and the subject property, are -, have been planned I guess since approximately the early '90s. We've been working, had the opportunity to work on Pualani Estates, we're working on Huallai Heights, and also this one. And in the early '90s, in the first rezonings for the Pualani Estates project, it was established that there would be a 60-foot wide collector road that would be dedicated to the County, built by the developer, that would come from Queen K Highway in the mauka direction, swing across through the Huallai Heights project, and end up at Huallai Road in approximately this area. So that will be, in essence, for want of a better analogy, the new, the northern Lako Street mauka-makai connector. So that has been in the County's plans for at least 10 years now. The rezoning ordinances for the Pualani Estates Subdivision, the Huallai Heights Subdivision, and as proposed in this particular project, will require the construction of this collector road to 11 ` connect up from Huallai down to Queen Kaahumanu Highway. Pualani Estates Subdivision has gone through its first two phases already and is working its way up the hill. This project, in addition to the Huallai Heights, as you can see on your I think it's Exhibit B is the easiest one to see, in that one you will see both the collector road alignment on the TMK and you'll also see the interplay between the Huallai Heights Subdivision and the subject property will be coming across here with a 50-foot wide County dedicable road which will be dedicated to the County, curb, gutter, sidewalks, to connect up to the 60-foot collector road and also coming in for service off of a non-dedicable road here for one lot. The improvements that have already been approved, excuse me, have already been pre- reviewed by the Department of Public Works with regard to the Huallai Heights Subdivision are -, already include this, you see right here in this area, you'll see a curved radius. That is the anticipated new connection up to Huallai Road. As you'll see from your conditions of approval, the Department of Public Works and the Planning Department are requiring that the developer for both the Huallai Heights Road, I mean the Huallai Heights Subdivision and the proposed project dedicate one half of the right-of-way necessary for future expansion of Huallai Road from its present 30 to 40-foot width up to 60 feet. So what the Huallai Heights project and the proposed project will do is contribute to both, I guess all three items that were raised by the gentlemen, which is to ensure the completion of the mauka-makai connector subject to Pualani hooking it up here at the top of their project, would ensure a realignment of the access driveway in this direction so that it more closely fits and works with the Kona Orchards access road, and it would also develop the north-south County dedicable roadway system that they're trying to establish as you go through the various rezonings across the hill. The reason for the six lots coming across, the five-six lots here coming across the top of the project and being accessed off of this driveway easement are that there's a significant grade differential here, and in order to minimize the grading requirements, they're going to try to keep these up at one grade, and then it drops down to a lower grade, and so that's why we're coming in for the main access to the subdivision off of the spine road and getting up into a cul- de-sacs top and bottom. And this area is that, like I said, that grade separation which makes it very difficult. They'd have to do a lot of cut and fill to smooth that drop-out. They were correct in their assumption that the park is part of the Huallai Heights project. That will be a private park maintained by the homeowners association, so we will pass on the comments regarding the concerns about maintenance and trying to keep it free from being a crime area. And I think if you look at, like I say, our Exhibit B to the application, that's a copy of the tax map, and you can see off of Exhibit B the Pualani Estates Subdivision on the makai side near ` Queen Kaahumanu Highway, and you can see how that collector road alignment extends in the mauka direction going up through the Huallai Heights Subdivision and it will meet Huallai Road just mauka of this particular project. So we hope that with the development of these 12 projects that the traffic situation along Huallai Road will be alleviated. The design of the ` collector road and the intersection improvements down at Queen Kaahumanu Highway have all been designed to accept the traffic coming from the mauka sections down through the subdivision. GALDONES:Mr. Lim, what about the noise abatement? LIM:With regard to construction equipment and things like that? GALDONES:That's correct. LIM:I guess we will follow the applicable noise requirements for construction. I think what they're probably referring to when they're talking about the Kona Orchards Subdivision is you probably got one lot at a time going with relatively small bulldozer operators. We would be obviously working with licensed contractors who have the hours of operation that are followed by the industry in Kona. I think when you run into the small dozer operators, those are the guys that come in at, you know, weekends and night times and try to work. GALDONES:Mr. Lim, you had also submitted a amendment to Condition F. LIM:That is correct. That was solely intended to clarify which roadways would be constructed to County-dedicable standards and dedicated to the County. As I indicated, it would be Easement A-3 and Road Lot A, which were the ones coming down the middle. That's the 50-foot collector which would be improved with curb, gutter, sidewalks, and this is upon an alignment that has been suggested by the Department of Public Works to try to link up a north-south road through the -, across the mountainside. GALDONES:Norman, is that acceptable? HAYASHI:That would be acceptable, however, we would also like to add to that particular condition, and that would be Condition F, in addition to what was proposed by the Applicant, we would like to add that -, the following. Concrete curb, gutter, and sidewalk shall be provided throughout the length of the proposed Road Lot A to maintain consistency with the proposed road section in the adjacent Huallai Heights Subdivision. The improvements shall meet with the approval of the Department of Public Works. GALDONES:Mr. Lim. LIM:That is acceptable. We've already planned those in. GALDONES:Thank you. Commissioners, any further questions of Mr. Lim? YUEN:I have a question. Which is Easement A-3? 13 LIM:Easement A-3 is the easement that's off the property, it's in the Huallai Heights Subdivision. It's the section of road that will connect the 60-foot mauka-makai collector to Road Lot A within the subdivision. You can see that on Exhibit C. YUEN:Oh, okay. I didn't understand that. Then we should say that Easement A-3 and Road Lot A are constructed with concrete curbs, gutters, and sidewalks. LIM:Yes, I guess -. YUEN:That was the intent. LIM:That's the intent, but it's technically, you know, Easement A-3 is not on the property, it's off-site, yeah. YUEN:Who is going to build Easement A-3? LIM:That's going to be a cooperative effort between Huallai Heights and the developer, Uluwehi. YUEN:Is Easement A-3 in Huallai Heights? LIM:Yes. YUEN:Okay. So that's already required to be -. LIM:That's already required. YUEN:All right, fine. LIM:Yes. YUEN:Then that's fine. HAYASHI:That would mean that we don't need to include Easement A-3 as far as the amendment proposed by the Applicant? LIM:As Mr. Witcher informs me that the Easement A-3 is already required to be constructed with the curb, gutter, sidewalks and a 50-foot wide -. YUEN:Okay. LIM:Right-of-way, so we probably don't need that in this particular condition. 14 YUEN:Yes, then we don't need Easement A-3 in there at all. GALDONES:So the required -. YUEN:I'm sorry, I see a question mark on the -. KUBOTA:I hear a lot of mumbling going on -. YUEN:Commission. KUBOTA:And I can't understand. YUEN:Okay. Road Lot A is the road going through the subdivision, that's -, and then Easement A-3 is to the right of that on Huallai Heights Subdivision. And because there already is a condition that Easement A-3 be constructed as a County dedicable 50-foot wide collector with curbs, gutters, and sidewalks, we don't need to say anything about it in Condition F. We only need to say that Road Lot A shall be constructed to County dedicable standards with curbs, gutters, and sidewalks. KUBOTA:Take out Easement A-3. HAYASHI:That's right. YUEN:Yeah. KUBOTA:Thank you. GALDONES:Commissioners, any further questions? Okay. Commissioners, we are working with State Land Use boundary amendment first. It comes with a favorable recommendation. What's the wishes of the Commissioners? Commissioner Kubota. KUBOTA:Mr. Chairman, I move that State Land Use Boundary Amendment Application SLU 03-011 be given a favorable recommendation and forwarded to the County Council, along with the findings and conclusions submitted by the Planning Director. FUJIKAWA:I second. GALDONES:It has been moved by Commissioner Kubota, seconded by Commissioner Fujikawa, that Uluwehi Properties, LLC State Land Use Boundary Amendment Application SLU 03-011, along with the findings and the recommendations, be given a favorable recommendation and forwarded to the County Council. Discussion? Hearing none, Norman? HAYASHI:Commissioner Kubota? 15 KUBOTA:Aye. HAYASHI:Commissioner Fujikawa? FUJIKAWA:Aye. HAYASHI:Commissioner McCall? MCCALL:Aye. HAYASHI:Commissioner Mina? MINA:Aye. HAYASHI:Commissioner Smith, excused. Commissioner Springer? GALDONES:She's excused. HAYASHI:Excused. Commissioner Thibadeau? THIBADEAU:Aye. HAYASHI:Chair Galdones? GALDONES:Aye. HAYASHI:Mr. Chair, motion carries with six votes. GALDONES:Thank you, Norman. The next application is the change of zone. KUBOTA:Mr. Chair? GALDONES:Commissioner Kubota. KUBOTA:I move that a favorable recommendation be given on the Change of Zone Application REZ 03-026 and be forwarded to the County Council along with the findings and recommendations as provided to us by the Planning Department, along with changes in the conditions of approval, namely I think, correct me if I'm wrong, but F, the Applicant shall construct Road Lot A to County dedicable standards and dedicate the roadways to the County at no cost, and in addition to that, I think it was added by Staff something about curb, gutter, sidewalk, I missed the verbiage on that, but the intent was to have curb, gutter, and sidewalk along, included in Condition No. F. FUJIKAWA:I second that. 16 GALDONES:It has been moved by Commissioner Kubota and seconded by Commissioner Fujikawa, Uluwehi Properties, LLC Change of Zone Application REZ 03-026, along with the findings and recommendations and amendment to Condition F be given a favorable recommendation and forwarded to the County Council. Discussions, Commissioners? Hearing none, Norman? HAYASHI:Commissioner Kubota? KUBOTA:Aye. HAYASHI:Commissioner Fujikawa? FUJIKAWA:Aye. HAYASHI:Commissioner McCall? MCCALL:Aye. HAYASHI:Commissioner Mina? MINA:Aye. HAYASHI:Both Commissioner Smith and Springer excused. Commissioner Thibadeau? THIBADEAU:Aye. HAYASHI:Chair Galdones? GALDONES:Aye. HAYASHI:Mr. Chair, motion carries. GALDONES:Thank you, Norman. Mr. Lim, you will be informed in writing of today's actions. LIM:Thank you very much. GALDONES:You're welcome. LIM:And please have a happy holiday season. GALDONES:Thank you. 17 The discussion ended at 4:52 p.m. Respectfully submitted, Janet L. Kama, Transcriber 18