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HomeMy WebLinkAbout2015-11-19 Leeward Exh A (SLU 15-044 & REZ 15-195) LEEWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT NOVEMBER 19, 2015 KURT SHIVELY AND JASON SHIVELY A regularly advertised hearing on the applications of (SLU 15-044/REZ 15-195) was called to order at 9:34 a.m. in the West Hawai‘i Civic Center, Community Center, Building G, 74-5044 Ane Keohokālole Highway, Kailua-Kona, Hawai‘i, with Chairman Brandi Beaudet presiding. COMMISSIONERS PRESENT: Brandi Beaudet, Scott Church, Collin Kaholo, Barbara Nobriga, Sonny Shimaoka, Keith Unger and Thomas Whittemore ALSO PRESENT: Bobby Command (Deputy Planning Director), Jeff Darrow (Planner), Maija Jackson (Planner) and Noriko Sauer (Commission Secretary) And none from the public in attendance. APPLICANTS: KURT SHIVELY AND JASON SHIVELY (SLU 15-044/REZ 15-195) Applications for a State Land Use Boundary Amendment from an Agricultural to a Rural district and a Change of Zone from an Agricultural-5 acres (A-5a) to a Residential and Agricultural-2 acres (RA- 2a) zoning district for 5.497 acres of land. The property is located in the Kānehoa Subdivision, on the north side of Kawaihae Road in the vicinity of the 62 mile marker at ʻŌuli, South Kohala, Hawai‘i, TMK: 6-2-009:013 BEAUDET: So today we have one agenda item. Application is Kurt Shively and Jason Shively, and we’ll start with SLU 15-044 and follow that with the rezoning application, 15-195. Staff? JACKSON: Thank you, Mr. Chair. Good morning, everyone. So I’m going to do a combined presentation, and then when you take the vote, if you could take them separately, that would be really good. The applicants are Kurt Shively and Jason Shively. They are requesting a State Land Use Boundary Amendment and a Change of Zone application. The subject property is located in the South Kohala District, and, it’s difficult to see the property but it’s outlined in black here on the right side of the slide. You have Kawaihae Road running through the middle of the slide in the east-west direction. And, let me zoom in a little further here, so this is the subject property; it’s just south of Kawaihae Road and just east of ‘Ōuli Street in the Kānehoa Subdivision. The zoning of the property is currently Agricultural-5 acres, which is shown in the light green color. And the applicant is requesting Residential Agricultural-2 acres zoning, which you can see there’s quite a few other properties in the subdivision that are shown in the yellow color that are already zoned RA-2a. This is the General Plan Map for the area; the entire subdivision is in the Rural District. And this is the State Land Use Map for the area; you can see the subject property again on the right side of the slide, it’s currently in the Agricultural District, but several of the properties in the subdivision have 1 EXHIBIT A their district boundary changed over the years to the Rural District, which is shown in the yellow color. This is an aerial photo of the property. Again, you have Kawaihae Road on the top of the slide, ‘Ōuli Street coming off of Kawaihae Road, and the subject property outlined in yellow. You can see the predominant land use pattern in the area is residential, and there is currently a single-family dwelling on the property. The applicant is requesting a State Land Use Boundary Amendment from Agricultural to the Rural District, and a Change of Zone from Agricultural-5 acres to Residential and Agricultural-2 acres for approximately 5.497 acres. And the reason for the request, the applicant would like to subdivide the property into two lots in order to convey one of the lots to their daughter in order to construct a single-family dwelling. As I mentioned there is an existing farm dwelling on the northern portion of the lot that was constructed recently, and if the request is approved, the applicant would construct a new dwelling on the new lot for their daughter. This is the applicant’s proposed subdivision plan. Kawaihae Road would be here at the top of the slide, ‘Ōuli Street runs to the left side of the slide here, this is the existing single-family dwelling, and then the subdivision would be approximately in half, so this would be the newly created lot on the bottom here. Just going back here, access currently to this dwelling is off of ‘Ōuli Street; there is no access allowed off of Kawaihae Road. And the access to the new lot would also be off of ‘Ōuli Street. These are photos of the site. This is a view of the existing dwelling on the northern portion of the property, and I believe that is looking from ‘Ōuli Street into the driveway. And then this is a view of the vacant southern portion of the property, approximately where the new dwelling would be located. This is looking north at the existing dwelling from ‘Ōuli Street, so this is looking back, Kawaihae Road would be behind the house further in the back, and the new dwelling would be located in this general area here. And then this is looking south at the vacant portion of the property; I think the photo was taken from the existing dwelling. And then this is a photo of the intersection of ‘Ōuli Street from Kawaihae Road; so this is Kawaihae Road in the foreground and then ‘Ōuli Street leading off of there, you can kind of see the existing driveway on the left side of the slide. The Planning Director is recommending a favorable recommendation for the State Land Use Boundary Amendment and the Change of Zone request. That concludes my presentation. Are there any questions? BEAUDET: Commissioners, any questions of staff? Okay, with that, thank you, Maija. Would the applicant or its representative please step forward at this time? Right at the table there. You can sit and, right behind you, behind you. L. SHIVELY: Oh sorry. Do we stand or sit? BEAUDET: You can, you may sit, please. I’ll have to swear the both of you in. Could you please raise your right hands? Do you swear or affirm to now tell the truth before the Leeward Planning Commission? 2 EXHIBIT A SHIVELYS: I do. BEAUDET: Thank you. Please state your name and speak into the mike. L. SHIVELY: My name is LaDonna Shively. K. SHIVELY: And I’m Kurt Shively. BEAUDET: Thank you. I’m assuming that you had the opportunity to look at the conditions as proposed by the Planning Department, and if you have any comments on them or anything else to share on the application itself, this is now your time. L. SHIVELY: We’ve read all the conditions and we understand the whole process. Thank you for your time. K. SHIVELY: I guess that’s all. BEAUDET: Commissioners, any questions or discussion with the applicant? Okay, with that, I see that there has been no one here to sign up for any type of testimony. So with that, you can step back to your seats now. Thank you. Appreciate it. I just, I had a question, and this is for staff, though. Is it necessary to, in order to rezone, is it necessary for us to change from Ag to Rural when the area is designated as Rural already as far as the State is concerned? JACKSON: So the area is designated as Rural in the General Plan, but it is currently in the Agricultural District. So in order to apply for the Residential Agricultural zoning, they have to change the District to Rural as well. So, yes, it is necessary. BEAUDET: I just wanted to state that for the record. Thank you. Commissioners, any further discussion before we move forward with the process? Okay, with that, I’d like to ask for a motion. WHITTEMORE: I’d like to make a motion. Request a State Land Use Boundary Amendment from Agricultural to Rural, amending the application, SLU 15-000044. SHIMAOKA: I second. BEAUDET: It has been moved by Commissioner Whittemore and seconded by Commissioner Shimaoka for a favorable recommendation. Are we going to vote independently or? JACKSON: Yes, please. Okay. Commissioner Whittemore? WHITTEMORE: Aye. JACKSON: Commissioner Shimaoka? SHIMAOKA: Aye. 3 EXHIBIT A JACKSON: Commissioner Church? CHURCH: Aye. JACKSON: Commissioner Kaholo? KAHOLO: Aye. JACKSON: Commissioner Nobriga? NOBRIGA: Aye. JACKSON: Commissioner Unger? UNGER: Aye. JACKSON: And Chair Beaudet? BEAUDET: Aye. JACKSON: Okay, the motion passes, seven-zero. BEAUDET: With that, I’d like to ask for a motion on Rezoning Application 15-000195. WHITTEMORE: I’d like to make a motion. Change of Zone Application, REZ 15-000195, requesting a change of zoning from Ag-5a to RA-2a, be approved, favorable recommendation, excuse me. CHURCH: Second. BEAUDET: Okay, it has been moved by Commissioner Whittemore for a favorable recommendation and seconded by Commissioner Church for Rezoning Application 15-000195. JACKSON: Okay. Commissioner Whittemore? WHITTEMORE: Aye. JACKSON: Commissioner Church? CHURCH: Aye. JACKSON: Commissioner Kaholo? KAHOLO: Aye. 4 EXHIBIT A JACKSON: Commissioner Nobriga? NOBRIGA: Aye. JACKSON: Commissioner Shimaoka? SHIMAOKA: Aye. JACKSON: Commissioner Unger? UNGER: Aye. JACKSON: And Chair Beaudet? BEAUDET: Aye. JACKSON: Okay, the motion passes, seven-zero. L. SHIVELY: Thank you. The discussion ended at 9:45 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 5 EXHIBIT A