HomeMy WebLinkAboutREP PC 098 07/30/2002 2000-2002 REPORT OF THE
COMMITTEE ON PLANNING
DATE: July 30, 2002 RE: C-691 /Bill No. 245
PLACE: Councilroom
TIME: 2:30 p.m.
Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Bill No. 245, transmitted by Mayor Harry
Kim, per Communication No. 691, dated July 1 ] , 2002, regarding the change of zone request by
Big Island Country Club Estates, at Puuanahulu Homesteads, North Kona, Hawaii, TMK: 7-1-
05: 9, 10, 22, 26, 28-34, 39, 40, 41, 58, and 59, reports as follows:
Bill No. 245 amends Ordinance No. 01-64, which amended Ordinance Nos. 00-105, 99-79 and
94-78, which reclassified approximately 425.69 acres of land from an Unplanned (t1) to an
Agricultural (A-la) zoned district, by amending Condition M. The applicant is seeking a time
extension of six months to complete the community park, and the volunteer fire station.
The subject property, owned in fee by the applicant, is located on the northwest side of
Mamalahoa Highway opposite the Puu Lani Ranch Subdivision. Intrawest Corporation, a
developer and operator of village-centered resorts across North America acquired Big Island
County Club and Estates on January 10, 2002.
On July 6, 1994, Ordinance No. 94-78 rezoned approximately 425.69 acres of land from an
Unplanned (U) to an Agricultural (A-1 a) zoned district; however, the effective date of the
rezoning was July 3, 1996, when the applicant complied with Condition B regarding the
establishment of a water source. Also on July 3, 1996, tentative subdivision approval was issued
for revised Subdivision Application No. 90-189 fora 121-lot subdivision. The pending
subdivision does not exceed the 106 agricultural lots as limited by Condition C of Ordinance
No. 94-78, and accordingly, Final Subdivision Approval shall be secured by July 3, 2001.
On December 9, 1997, the Planning Director, pursuant to the Community Benefit/Impact Fee
requirements Agreement, granted the time extension until December 3 l , 1998 to complete the
full construction of the proposed facilities as required by Special Permit No. 863, tlse Permit
No. 74 and Condition M of Ordinance No. 94-78. A condition of this agreement permitted the
partial opening of the golf course on January 1, 1998. On June 25, 1998. the applicant and the
Planning Director executed an Agreement for the interim opening of the golf course and the
deferral of pertinent conditions of Ordinance No. 94-78.
On November 23, 1998, the applicant requested to amend Condition No. 4 of Use Permit No. 74
which would increase the park area from 4.4 acres to approximately 10 acres for a passive and
active recreational area. On June 23, 1999, the County Council approved Ordinance No. 99-79
which amended Condition M (complete construction of proposed facilities), and required the
applicant to subdivide and convey approximately 10 acres to the Puuanahulu Community
Association or designee within six months from the effective date of the ordinance or by
December 23, 1999.
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PC-98 -2- July 30, 2002
On January 6, 2000, the Planning Director granted a time extension to .tune 23, 2000 to complete
final subdivision approval and to convey, record and title search the property. On January 18,
2000, Final Subdivision Approval was granted for the Pu`uanahulu Community Park site. On
April 20, 2000, the Warranty Deed dated February 20, 2000 conveyed the 10-acre park site to the
Pu`uanahulu Community Association. In July 2000, the building permit application was
submitted by the Puuanahulu Community Association.
On August 7, 2000, the Planning Director issued the Final Plan Approval, and the Planning
Department staff approved the building permit application.
On September l8, 2000, Ordinance No. 00-105, which amended Condition M and M(2) was
approved. The Planning Director, on April l2, 2001, responded to the applicant's request to
amend Condition C of Ordinance No. 00-105, and granted an extension of time to .luly 3, 2006 to
comply with Condition C stating that non-performance is the result of conditions which could not
have been foreseen and is not the result of fault or negligence.
In a March 29, 2001 letter, the applicant further amended its request to state that the completion
date of the Park and Community Center would be November 30, 2001, and the Volunteer Fire
Station will begin work by September 1, 2001, and complete the work by February 1, 2002.
On July 16 2001, Ordinance No. 01-64 amended Condition M and M(2) and included the phrase
"subject to a maximum 6-month time extension if approved by the Planning Director", therefore
the applicant is requesting the time extension as so stated. In its April 23, 2002 letter, the
applicant provided the following information:
"Requested amendments would be to
a) Condition 4(b) and 4(d) of Use Permit No. 74;
b) Condition 3 of Special Permit No. 863; and
c) Condition M of Ordinance No. O 1-64.
These amendments, if approved, would result in a time extension:
1) to complete the community park and recreational center by November 30, 2002
(extension from May 30, 2002); and
2) to complete the volunteer fire station to January 3l .2003 (extension from July
31, 2002).
When the most recent time extension was granted, Intrawest, the new owner, did not own BIIC
and was not in a position to ensure the timely completion of the park. Given the scope of the
project, Intrawest is finding that the four month period is not sufficient to fulfill its obligation to
the community. Hence, Intrawest is requesting no more than ayear - to be guaranteed by a bond
or surety - to complete both the community center and the volunteer fire station.
The State Land Use classification is "Agricultural". The LUPAG Map designation is "Intensive
Agricultural" (relatively fertile soils used for sugar, orchard, diversified agriculture and
floriculture) and Extensive Agricultural" (pasturage and range lands).
The subject property is not situated within the Special Management Area boundary.
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Access to the property is from Mamalahoa Highway. Water and all other essential utilities and
services are or will be made available to the property. Individual wastewater disposal systems
will meet with the requirements of the Department of Health, and solid waste will be disposed of
at the Pu`uanahulu County landfill.
Your Committee did not entertain any discussion on this measure.
Your Committee concurs with the Planning Commission and the Planning Director for
recommending a favorable consideration for the change of zone request in granting the time
extension.
At today's meeting, this measure received four aye votes and one no vote for a favorable
recommendation; however, because Council rules dictate that five votes are needed to pass a
measure, Your Committee will be submitting an unfavorable recommendation to the Council.
Your Committee on Planning is in accord with the intent and purpose of Bill No. 245: however
because of the vote reflected below, Your Committee is submitting a negative recommendation
to the Council.
AYF NOF,S A & F; I:X
Respectfully submitted,
S
I,EITHEAD-TODD X COMMITTEE ON PLANNING
CHUNG X
~O Y JEAN LLITHEAD-TODD. CHAIR
F LARIONOFF X
.IACOBSON X PC REPORT NO. 98
PISICCHIO X ADOPTED:
SAFARIK X
YAGONG X