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HomeMy WebLinkAboutREP PC 105 10/22/2002 2000-2002 REPORT OF THE COMMITTEE ON PLANNING DATE: October 22, 2002 RE: C-768/Bill No. 268 PLACE: Councilroom TIME: 3:40 p.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 268, transmitted by Mayor Harry Kim per Communication No. 768, dated October 2, 2002, regarding the change of zone request by Gamrex, Inc. at Holualoa 1 and 2, North Kona, Hawaii, TMK: 7-6-21:4, 9-13, and 1 ~-17, reports as follows: Bill No. 268 amends Condition I of Ordinance No. 97-99, which amended Ordinance Nos. 84-23, 84-42, 88-4, 90-62, 91-96, 93-26 and 94-34, which reclassified land from an Unplanned (U) to a Multiple Family Residential (RM-5) and Single Family Residential (RS-I 5) zoned district. The applicant is seeking a time extension of five years from the date of this amendment in order to submit plans for development and secure final plan approval of the first increment of the RM zoned area. The applicant intends to delay the submittal of plans and securing of final plan approval for the RM zoned area until all the required governmental approvals are secured, and construction of the flood control system is complete and dedicated to the County. Nothing can be approved or constructed within the RM-5 zoned area until the flood control system is dedicated to the County. In striving to accomplish their project, the following has been done. On January 17, 2002, a Special Management Area Use Permit application was filed with the Planning Department by Gamrex for the portion of the flood control system that lies makai of Kuakini Highway within the SMA. In 2001, portions of Royal Poinciana Drive and Kupuna Streets within the Kalani Makai subdivision were acquired by the County of I-lawai`i in order to complete the flood control system. This flood control system approval process was temporarily halted until ownership issues were settled for Kupuna Street and the culvert beneath it. On September 28, 2001, an amendment to an Agreement between Gamrex and the County of Hawaii Housing Authority was completed for conveyance by Gamrex of a 12.004 acre parcel to the County once flood control improvements are completed on parcel TMK: 7-6-24:25 (in compliance with Condition K of Ordinance No. 97-99.) On March 22, 1996, the Final Environmental Assessment and Negative Declaration for construction of the flood control system was filed with the Office of Environmental Quality Control by the Department of Public Works. On March 24, 1995, the Conditional Letter of Map Revision (CLOMR) was issued by the Federal Emergency Management Agency to the Department of Public Works, which indicated FEMA's intention of revising the Flood Insurance Rate Maps (FIRM) after the flood control system is constructed. Ordinance No. 97-99, effective on July 8, 1997, conditioned Gamrex to submit plans for the first increment of the RM-5 zoned area within five years to this date. These plans were contingent upon the Department of Public Works' approval of a drainage master plan to mitigate and eliminate any downstream impacts of the development and the applicant's completion of on-site and ofl=site flood control system improvements and subsequent dedication of improvements to the County. PC-1 OS PC -1 OS 2 October 22, 2002 The County currently owns TMK: 7-6-21:18 and 19 which encompasses the natural existing flood plains. The proposed flood control system will take a straighter route and require consolidation and resubdivison of Gamrex and County owned lands. (Any subdivision and land transfer of County owned lands requires County Council approval.) Roadway easements over the concrete lined channels will be required by Gamrex for access to TMK:7-6-21:17 (zoned RM-5) which is presently landlocked by County owned drainage easements. Appropriate bridge locations and roadway alignments servicing Parcel 17 will require DPW review and approval, and County Council approval of the resulting grants of easements. Since May 15, 1984, the effective date of Ordinance No. 84-23 which rezoned approximately 103 acres of land from Unplanned to RS-15 and 70 acres from Unplanned to RM-5, five time extensions have been granted for Ordinance Nos. 88-4, 90-62, 91-96, 93-26, and 97-99. Additionally, two administrative time extensions were granted in 1989 and 1995. Committee Member Curtis Tyler reiterated the concerns of the Planning Commission. Your Committee did not entertain further discussion on this measure. Your Committee concurs with the recommendation of the Planning Director and the Planning Commission in that "the applicant is actively pursuing the required permits for the flood control system and is concurrently working on developing Unit 2 of the Single Family Residential (RS) zoned lands. Infrastructural improvements funded by the applicant will result in drainage, roadway, and water system improvements within and beyond the boundaries of the project site. The applicant's ability to secure final plan approval of the Multiple Family Residential (RM) zoned lands is subject to the approval of the flood control system. Over the many years the applicant has been before the Commission, the applicant has shown perseverance in managing the many requirements, which they have had to deal with. The applicant has either complied with, or initiated the process of compliance with all other conditions of approval within the subject ordinance." 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. Your Committee on Planning is in accord with the intent and purpose of Bill No, 268, and recommends it pass first reading. AYES NOES A & E EX LEITHEAD-TODD X Respectfully submitted, TYLER X COMMITTEE ON PLANNING ARAKAKI X ~ ; CHUNG X ; ~~s ~ ~ ~ ..U F.LARIONOFF X JACOBSON X SOBgY JEAN l EITHEAD-TODD. CHAIR PISICCHIO X PC REPORT NO. Q lOS SAFARIK X ADOPTED: NOV O C7 ZOO YAGONG X - _ - -