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HomeMy WebLinkAbout2016-02-18 Leeward Exh A (Amend REZ 909) LEEWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT FEBRUARY 18, 2016 KENNETH K. LEONG TRUST (Amend A regularly advertised hearing on the application of REZ 909) was called to order at 9:31 a.m. in the West Hawai‘i Civic Center, Community Center, Building G, 74-5044 Ane Keohokālole Highway, Kailua-Kona, Hawai‘i, with Vice Chairman Thomas Whittemore presiding. COMMISSIONERS PRESENT: Thomas Whittemore, Collin Kaholo, Sonny Shimaoka and Keith Unger ABSENT AND EXCUSED: Brandi Beaudet, Scott Church and Barbara Nobriga ALSO PRESENT: Danny Patel (Counsel for the Commission), Bobby Command (Deputy Planning Director), Jeff Darrow (Planner), Christian Kay (Planner) and Noriko Sauer (Commission Secretary) And eight people from the public in attendance. APPLICANT: KENNETH K. LEONG TRUST (Amend REZ 909) Request for a 5-year time extension to Condition C (secure Final Subdivision Approval) of Change of Zone Ordinance No. 99-36, which rezoned 4.201 acres of land from an Agricultural-5 acres (A-5a) zoning district to a Family Agricultural-1 acre (FA-1a) zoning district to accommodate a proposed 3-lot subdivision. The subject property is located along the west (makai) side of Māmalahoa Highway, approximately 0.7 miles south of the Māmalahoa Highway- Palani Road intersection at Kealakehe Homesteads First Series, Kealakehe, North Kona, Hawai‘i, TMK: 7-4-004:033. WHITTEMORE: The first item on the agenda, the application is for Applicant, Keith \[sic\] K. Leong Trust. Staff, will you make presentation? KAY: Thank you, Mr. Chair. Good morning, Commissioners. So as you said, it’s an amendment to Change of Zone Ordinance Number 99-36. The subject 4.201-acre parcel is located in the North Kona District of Hawai‘i Island, more specifically in the Kealakehe Homesteads area. It’s here outlined in blue. Access to the subject parcel is off of Māmalahoa Highway about seven-tenth of a mile to the south of the Palani Street-Māmalahoa Highway intersection. A closer look here it shows again the subject parcel outlined in blue, access again being off of Māmalahoa Highway here. It was rezoned back in 1999 from Ag-5 to Family Agriculture-1 acre. The surrounding zoning in the area is Ag-5 generally to the mauka side of Māmalahoa Highway, Ag-1 and some Family Agriculture-2 acres and some Residential and Agriculture-.5 acre. Surrounding uses in the area are small farm, residences, vacant land and directly to the north of the subject parcel is the Hula Daddy Kona Coffee Plantation and Visitor Center. 1 EXHIBIT A The State Land Use Boundary designation for the subject parcel and surrounding area is Agriculture. Our General Plan Land Use Pattern Allocation Guide Map designates really a split LUPAG designation, and that’s Urban Expansion here shown in the crosshatching and the small portion in Important Agricultural Lands in green. The Kona CDP has the majority of the parcel within the Kona Urban Area, which is indicated by this red line, and it is also in the Concurrency Zone H according to the Kona CDP Concurrency Map. Here is an aerial photo of the subject parcel, again, with Māmalahoa Highway here acting as access. There is an existing single-family dwelling on the mauka portion of the parcel, and the lower portion is where the proposed additional two lots for this project. Again, surrounding uses are residential, vacant, some coffee farms, and here kind of cut off at the top is the Hula Daddy Visitor Center. The applicant is requesting an amendment to Condition C of this Change of Zone Ordinance 99-36 in order to provide more time to secure final subdivision approval for a proposed three lots subdivision. Condition C required that final subdivision approval be secured by March 15, 2004. The applicant subsequently came in for an administration time extension, which gave them an additional five years to 2009. The applicant is requesting an additional five years now at the Commission from the date of approval of this proposed amendment to secure final subdivision approval. Here is their proposed subdivision map. Again, this is roughly where the existing single-family dwelling is, and the other two lots would be more makai of the dwelling. Here is a view of the driveway looking makai; you can see kind of behind the palm tree here the existing single-family dwelling. And here are some views of the subject, or Māmalahoa Highway; here is looking north with the subject parcel on the left and here is looking south along Māmalahoa Highway with the subject parcel on the right. The Planning Director is recommending that we forward a favorable recommendation to the County Council to amend this ordinance. With that, I’m happy to answer any questions that the Commission may have. WHITTEMORE: Commissioners, any questions of staff? This is just for clarification, this is a five-year extension request is what it is. KAY: That is correct. WHITTEMORE: Right. Will the applicant’s representative please step forward? LEONARD: Good morning, Chair. WHITTEMORE: Good morning. Will you please raise your right hand? LEONARD: Yes. Can you hear me on this? 2 EXHIBIT A WHITTEMORE: I can. Can you hear me? LEONARD: Yes. WHITTEMORE: Okay. Do you swear to affirm to tell the truth on this matter now before the Hawai‘i County Planning Commission? LEONARD: I do. WHITTEMORE: Thank you. LEONARD: My name is James Leonard. I’m representing the Kenneth K. Leong Trust in this application. WHITTEMORE: Okay. Do you want to proceed with your, any comments you have that you want to add to the staff’s presentation? LEONARD: No, it’s really rather straightforward, Commissioners. The prior owner, Mr. Leong, had wanted, this was his property, and had wanted to deed over to his three daughters a portion of the property. At the time two of the daughters were living on the property with him. He passed away in 2009. And then, you know, with the economic downturn, with his passing, the family just didn’t have the resources really at that time to follow through and completing the subdivision. They had gone through and gotten tentative subdivision approval, they had gotten their construction plans approved by DPW; Mr. Leong had done that in his life time. But they didn’t have the financial means to carry through with all the improvements and everything that would be required for final subdivision approval. But they are in the position to do that at this time, and they would like to proceed ahead and fulfill the wishes that Mr. Leong had to deed the property over to his three daughters, one of which is living there on the property with her family. WHITTEMORE: Commissioner, do you have any questions? We do not have anybody else at this time signed up to testify. Is anybody come in recently that needs to sign up? Okay. You have read the conditions that the Department Chair \[sic\] has proposed? LEONARD: Yes, we have. WHITTEMORE: And are you and your representative, you are the representative of the applicant or --. LEONARD: Yes. WHITTEMORE: Are you comfortable with those conditions? LEONARD: And they are very comfortable with the conditions as they are written. WHITTEMORE: Okay, so they have reviewed, okay. 3 EXHIBIT A LEONARD: Yes. WHITTEMORE: Okay. No questions, Commissioners? Okay. Can I call for question, motion? SHIMAOKA: I move that a favorable recommendation be forwarded to the County Council on the application to amend REZ 909, based on the Planning Director’s findings, recommendations, and proposed conditions, which shall be adopted. KAHOLO: Second. WHITTEMORE: Second, okay. Can we ask staff for, take a vote? KAY: Thank you, Mr. Chair. Commissioner Shimaoka? SHIMAOKA: Aye. KAY: Commissioner Kaholo? KAHOLO: Aye. KAY: Commissioner Unger? UNGER: Aye. KAY: And Chair Whittemore? WHITTEMORE: Aye. KAY: Okay, motion carries, four-nothing. WHITTEMORE: Okay, thank you. The discussion ended at 9:40 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 4 EXHIBIT A