COM 0833.000 1996-1998 - Laserfiche WebLink

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On the Change of Zone Application, Mr. Mooers said if the property is developed as an assisted living facility, he did not believe Condition K (housing requirement) should be imposed; however, they can accept the condition as written because there is the term "if required," and they realize the decision will be made by the County Council. Regarding Condition N (fair share contribution), he said they questioned the legality of that condition and requested that either the condition be deleted or worded to say that the fair share contribution be a comparison of what is allowed under the present zoning and what the applicant actually develops inasmuch as the applicant strongly believes the impact of 47 homes in the area will have a far greater impact on the public services than the proposed 129 unit assisted living facility, noting the clients' average ages were between 80 and 85. On the Use Permit Application, Mr. Mooers said they are in agreement with the recommendation, given the proposed changes in the change of zone application. Commissioner McIntosh questioned the nexus between an assisted living facility and bicycles and pedestrians to require the developer to install curbs, gutters and sidewalks along the whole frontage of Hualalai Road. Mr. Giannini noted the main nexus would be visitors and employees walking to and from work. The Chair noted someone could be in a wheelchair or some could be walking along the side of the road. Mr. Mooers said the nexus pointed out in the ordinance is weak but they have no problem with providing curbs, gutters and sidewalks. Commissioner Tanaka suggested deletion of Condition N (fair share contribution) to be consistent with the action taken on the previous application. Mr. Kaser gave a general overview of their project and explained their market analysis that was done on the conservative side, noting the high demand because of the lack of current services on the island. He said those people who live in the lower income households are more apt to use their services than those in the higher income ranges. There being no further testimonies offered, it was moved by Commissioner Tanaka and seconded by Commissioner McIntosh that the public hearing be closed. Motion was unanimously carried by a voice vote of all Commissioners in attendance. On the State Land Use Boundary Amendment Application, it was moved by Commissioner Tanaka and seconded by Commissioner McIntosh to send a favorable recommendation to the County Council as recommended by the Planning Director. A roll call vote was taken and motion carried with (Tanaka, McIntosh, Baker, Katayama, Mosher, Souza, Togashi and Balog) and one absent and excused (Giffin). On the Change of Zone Application, it was moved by Commissioner Tanaka and seconded by Commissioner Katayama to send a favorable recommendation to the County Council as recommended by the Planning Director with the deletion of Condition N and Condition H amended to read, "A Drainage Study shall be prepared for review and approval by the Department of Public Works. The drainage study shall be submitted to Federal Emergency Management Agency (FEMA) and a letter of map revision (LOMR) or a Physical Map