HomeMy WebLinkAboutREP PC 087 12/01/1995 1994-1996 •
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REPORT OF THE
COMMITTEE ON PLANNING
DATE: December 1, 1995 Re: C-839 l
PLACE: Council room
TIME: 9:10 a.m.
Chairman and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning to which was referred Bill No. 181 regarding amendments to
Ordinance No. 94-73 by Oceanside 1250,reports as follows:
Bill No. 181 amends Section 25-87 (North Kona Zone Map) and Section 25-88 (South Kona
Zone Map), Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, and Ordinance
No. 94-73, which reclassified certain lands from an Agricultural - 5 acre (A-5a) and Unplanned
(U)to an Agricultural - one acre (A-1a) zoned district at Honuaino 3rd and 4th, Hokukano 1st
and 2nd, Kanaueue 1st and 2nd, Halekii, Keekee 1st and 2nd, Ilikahi, Kanakau 1st and 2nd, •
Kalukalu 1st, 2nd and 3rd and Onouli 1st,North Kona and South Kona, Hawaii,
TMK: 7-9-06:Portion of 1, 7-9-12:Portions of 3, 4, and 5 and 8-1-04:Portion of 3.
The subject property represents a 756 acre portion of the approximately 1,540 acres of a master
planned community known as the Villages at Hokukano. For information regarding Change of
Zone Ordinance No. 94-73, see PC Report No. 107.
Bill No. 181 replaces Bill No. 154. Bill No. 154 was technically flawed because the title of the
bill specified five conditions of the bill and did not reflect the realphabetizing of the conditions
which were considered as minor technical amendments. Your Committee,therefore, deferred
and referred Bill No. 154 back to the Planning Commission so that the title could be amended
and a new bill would be submitted to the Council. Bill No. 181 is the new bill.
The applicant originally proposed to develop the Mamalahoa Highway Bypass to divert through
traffic from Mamalahoa Highway and relieve the current congestion at peak traffic hours within
the Kealakekua/Honalo area.
In reviewing various potential alignments,the Department of Public Works determined that its
preferred alignment of the Mamalahoa Highway Bypass would link Alii Highway with the
Mamalahoa Highway-Napo'opo'o Road intersection.
Based on its findings,this alternative would provide the best overall circulation system for this
region of Kona in accordance with the General Plan Facilities Map. It provides an alternative
traffic corridor to Mauka Kona while at the same time reducing congestion along Kuakini
Highway by limiting the number of signalized intersections. It also minimizes.the impact on
PC REPORT NO.: 8 7 /
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PC- 8 7 Page 2 December 1, 1995
existing agricultural and residential areas and businesses.
Further,the applicant is proposing to develop the Mamalahoa Highway Bypass in a single
increment rather than two phases as originally allowed in Ordinance No. 94-73.
The Planning Commission concurs with the following Planning Director's reasons for
recommending a favorable consideration for proposed amendments:
(1) The amendments are a result of conditions which could not have been foreseen or
are beyond the control of the applicant; and
(2) Approval of this amendment request would not be contrary to the General Plan or
Zoning Code or the original reasons for granting the change of zone.
The Planning Commission further suggests that the Council consider the deletion of Condition
H(3)because this condition relating to the golf course in the State Land Use Conservation.
District has been ruled to be invalid by the courts because this provision is regulated.by the
Board of Natural Resources, not the County.
The Chief Engineer of the Public Department provided testimony in support of the proposed
Mamalahoa Highway Bypass alignment linking with the Alii Highway with the Mamalahoa
Highway-Napoopoo Road intersection because it provides two parallel roadways rather than
providing a short bypass, connecting near Higashihara Park. About two of the six miles of the
proposed bypass falls within the applicant's.property. .
The applicant assured Your Committee with a metes and bounds description of the road right-of-
way and evidence of its ownership or control prior to construction or bonding of any of the
Mamalahoa Highway bypass improvements.
Your Committee deliberated on the conditions of Bill No. 181 and amended Bill No. 181 as
follows:
(1) Deletion of Condition(T)relating to conformance with guidelines of the Model
Energy Code since the Model Energy Code has been adopted as part of the
Hawaii County Code;
(2) Deletion of Condition(P)requiring payment of contribution to the State DOT for
regional improvements since the proposed Mamalahoa Bypass will not involve
any connection with State roads;
PC REPORT NO.: 8 7 l
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PC- 87 Page 3 December 1, 1995
(3) Condition(H)include language from the Condition No. 8 of the SMA Permit No.
345 to insure that the provisions relating to public shoreline access are provided
regardless of the status of the SMA Permit No. 345 and deletion of H(1) and H(3);
(4) Condition(I) includes language to clarify private-public trails and delete reference
to Chapter 115, HRS, relating to public access because Chapter 115 pertains to the
powers of the county which cannot be transferred to the applicant;
(5) Condition(L)to add language to clarify the intent that the portion of the proposed
Mamalahoa Highway Bypass between Keauhou and Haleki'i Street will be
constructed prior to occupancy of any dwelling within the project.
(6) To maintain consistency in Bill Nos. 181 and 158, similar language should be
reflected in both bills.
Your Committee on Planning is in accord with the intent and purpose of Bill No. 181, Draft 2,
and recommends that it pass first reading.
6,,Prm f@ d 1 , Drat' A
CES
Respectfully submitted
AYES NOES A&E EX COMMITTEE ON PL.' G
DOMINGO X e
DELIMA X •
ARAKAKI X TAKASHI DOM '4GO, CHAIRM
SMITH X
CHILDS X PC REPORT NO. 8 7 l
RATH X
BONK-ABRAMSON E.O.M. X ADOPTED: DEC �� S