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HomeMy WebLinkAboutCOM 0848.005 2002-2004SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 Telephone: (808) 969-1522 • Fax (808) 969-7996 January 18, 2005 Honorable K. Angel Pilago, Co -Chair Planning Committee HAWAI'l COUNTY COUNCIL 25 Aupuni Street Hilo, HI 96720 Dear Councilperson Pilago: Subject: Bill No. 367, Draft 2 — Kona Hale Alii • Planning • Variance • Zoning • Subdivision • Land Use Permits • Environmental Reports _J Thank you very much for taking time out of your busy schedule to recently meet with me and others regarding the subject matter. Your input was most constructive and invaluable, and we look forward to your continued guidance on this matter. In that regard, I would like to use this means to summarize the gist of our meeting as well as to provide you with some suggested amendments to the bill that we believe would help address the issues brought up during that meeting. Very briefly, Kona Hale Alii, LLC (hereinafter "KHAL ") can immediately begin the construction of an 80 -unit condominium along Hualalai Road as described in item "b" below. However, KHAL felt that a less dense project with a different design covering the subject and a portion of an adjoining property (see item "c" below) would be more in keeping with the Kailua Village Design Plan and would be better received by the community. As such, KHAL elected to defer the start of the entitled 80 -unit project to see if the community and appropriate decision -makers also share this conclusion and/or perception. If there were a consensus that results in the passage of the subject bill, KHAL would then abandon the 80 -unit project and proceed with the revised scheme. I would also like to point out that the proposed bill presently requires impact fees and compliance with the prevailing affordable housing code for the additional units. The entitled proposal does not. As requested, please find enclosed a copy of materials we shared with you that day that graphically depicts KHAL's thoughts. These materials, plus a description of them, follow. a. TMK: 7-5-09. This map identifies the subject site. The proposed site is made up of parcel 67, a 2.381 -acre parcel, zoned Resort (V-1.25), and a 3.898 -acre portion of 54, that is zoned Agriculture (A -la). The total area is 6.279 acres. Comm. No. 948.5 Ref. To: CC1CA Ref. Date .IAN 1 9 ZUL Councilperson K. Angel Pilago January 18, 2005 Page 2 b. Plans of the 80 -unit multi -family residential project. This project would be constructed on parcel 67 and already has the required land use entitlements (zoning, Kailua Village Design clearance, and Plan Approval). Building construction plans have been completed, and the only outstanding permit needed for this project is a building permit. The design of this project is a single, monolithic -looking structure. It would be a 4 -story, 45 -foot tall structure, plus another level for basement parking. C. Preliminary plans for a 92 -unit multi -family residential project. This project would consist of about twenty-three (23) 2-story/fourplex structures. This is the project KHAL believes would be more in keeping with the Kailua Village Design Plan and better received by the community. d. Desi density summary. This summary provides a thumbnail description between the entitled and proposed project. You will note that in addition to design, there is a considerable difference in the density. The entitled project has a density of 34 units/acre, while the proposed one averages (with the planned open space along Kuakini Highway) 10 units/acre. Please also note that with its current A -1a zoning, parcel 54 is capable of supporting 6 units. Parcel 67 already allows 80 units. The entitled density of the combined area is thus 86 units. As such, the net effective density increase by this proposed development is six (6) units. e. Letter from Kailua Village Design Commission. In a letter, dated September 24, 2004, the Commission recommended approval of the new project. £ Archaeological Map. This map reflects the archaeological features of parcel 54 and the property to the south (parcel 55). It was out of deference to the significant archaeological features on the remaining portion of parcel 54 as well as the adjoining property that a number of culturally and archaeologically related conditions were recommended for consideration by the former Planning Committee of the County Council. These conditions are reflected in Bill No. 367, draft 2. Councilman K. Angel Pilago January 18, 2005 Page 3 During the course of our meeting, you appropriately raised archaeological and cultural issues relative to the proposed project's impact to the features on the adjoining parcel (parcel 55) and the balance of parcel 54, areas that are NOT part of the proposed rezoning action. Other related issues included having some start up funds to prepare a cultural -archaeological program for these areas, the mechanics for its implementation, and the like. As such, I agreed to provide you with a draft of possible amendments to the bill that would help address the aforementioned issues. This draft is also enclosed for your appropriate action. Generally, these amendments, if approved, would provide for the following: a. Restrict that portion of the recreational impact fees to further the objectives of an archaeological/cultural program of this specific area. These funds can be provided directly to an entity, subject to the approval of the County Council. b. Require the contribution of this portion of the recreational impact fee prior to issuance of a building permit, as opposed to prior to issuance of an occupancy permit. This accelerates the payment by at least 12-18 months. C. Require that any wall and/or fencing along the boundaries of the properties affected by this rezoning take into consideration the archaeological/cultural features of the adjoining properties and be incorporated into a State Historic Preservation Division approved archaeological mitigation plan. d. Require that the primary landscaping material within the boundaries of the subject properties be indigenous to the area and compatible with the archaeological/cultural features of the adjoining properties. e. Require the applicant to identify an entity that would be responsible for managing and caring for the archaeological/cultural features on parcel 54. Prior to its designation, however, the applicant shall solicit the input of the native Hawaiian community and the County Council. That portion of parcel 54 shall be conveyed to the selected entity. Councilman K. Angel Pilago January 18, 2005 Page 4 I trust that the aforementioned adequately captures our discussion. If not, as we intend to continue our dialogue with you and other members of the County Council on this matter, we can continue to come forth with further suggestions. Again, thank you very much for your time. We look forward to meeting with you again in the very near future. incerely, SI Y UKE Planning Consultant Enclosures Copy — All Councilmembers w/ enclosures Mr. Robert E. Saunders w/ enclosures TAX MAP KEY • D A `' � WL,� �JQL�� L,z1L��90„4� ALIT A m M o z ARC H ITEC Lu �mrn ' ' T.M.K. (3) 7-6-009:048 Lot B ,I-� ;` a a OO oDc g HUALALAI ROAD 'ar' 9 �F c' ARCHITECTS ARCHITECTS PLANNERS ENGI m ❑ rzD 01 KAILUA-KONA, HAWAII 96740 N �1 Z r < 71-117 LU NAPULB ROAD. SUITE 1 ' KAILUA.XONA PHON B: (1108)329-8777 ' PAX (909) 334.1311 ' wwwa114ro1 EXISTING 80 -UNIT PROJECT Al 0 NzNo m m o n =Z_uD O C 03 T> azd m m N N Z D D r o3Nil9 p d O O m v �(g_j -n � �pf111rn(tA�11m D-0DA n AD,O' C tJ g g �ZgNxx 8 A n c� mtr d d m _ z -Dlm N N La as N D A `' � WL,� �JQL�� L,z1L��90„4� ALIT A m M o z ARC H ITEC Lu �mrn ' ' T.M.K. (3) 7-6-009:048 Lot B ,I-� ;` a a OO oDc g HUALALAI ROAD 'ar' 9 �F c' ARCHITECTS ARCHITECTS PLANNERS ENGI m ❑ rzD 01 KAILUA-KONA, HAWAII 96740 N �1 Z r < 71-117 LU NAPULB ROAD. SUITE 1 ' KAILUA.XONA PHON B: (1108)329-8777 ' PAX (909) 334.1311 ' wwwa114ro1 EXISTING 80 -UNIT PROJECT MATERIAL LEGEND Qi STUCCO WALL O STANDING SEAM METAL ROOFING Q3 FIBERGLASS GUARDRAIL • (i BUILDING SECTION THRU CORRIDOR 5r -,ALE: I" = 20';HORZ. SCALE FEET I.. = 20' VERT. 20 10 0 20 40 OWN .:...:._����.�����=■n■��■gin Pq ME 0 a ni rMwl .,��...: ni -i i i i -MF E. ®�■in .._, iil��.,: �� �n ■®� ■ ■ rte„ .I��.I�.�1 1.1Pi�■n■�n■ gi n .::..: nein ��i����Us __ __.._.__� __�If_____ . .. �. on 1AF.M .11.©73 ■im .. 1 ���,mIlminot 1�� �■��� � 1171 j1l�I�:,���!!�. Enni, OMEN 1.1111111psilmillIM-1 ,.,9,�immn, I-,��I,,,.-miI �„� �iliila�� •i•�,�,� �.�.�... ■��■ten ..... ,..�;��•����� II. Il 111110. -•: -=-'�IIl�� IN 1������IIIii1�II��11��.:��■�I�� �.._ ...GRADE ., .. 14.00 15+00 16+00 (i BUILDING SECTION THRU CORRIDOR 5r -,ALE: I" = 20';HORZ. SCALE FEET I.. = 20' VERT. 20 10 0 20 40 b�—' �� J I— lll V z c� V KONA HALE ALIL LLC ENTITLED PROJECT PROPOSED PROJECT 1. Land area 2.381 acres 6.279 acres (9.21 acres, with proposed Open zoning area) 2. Existing Zoning V-1.25 A -la Allowable density 80 units 6 units (includes area to be zoned Open) 3. Proposed Zoning RM -2.5 RM -2.5 and Open Allowable density 41 units 67 units 4. Total Units 80 92 5. Average Density 1: 1,295 sf 1: 2,935 sf (34 units/acre) (15 units/acre) 6. With Open Space 2.381 acres 9.21 acres (Kuakini side) 1: 1,295 sf 1: 4,361 sf (34 units/acre) (10 units/acre) 7. Number of structures 1 23+ 8. Stories/Height 4 stories 2 stories 45 feet 30+ feet DENSITY SUMMARY Harry Kim Mayor September 24, 2004 Mr. Sidney M. Fuke Planning Consultant 100 Pauahi Street, Suite 212 Hilo, Hawaii 96720 Dear Mr. Fuke: County of Hawaii PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 (808) 961-8288 . Fax (808) 961-8742 Kai Ina Village Design Commission Meeting of September 21, 2004 Design Review of Proposed 92 -unit Condominium Project TMK: 7-5-009: 67 and nor. of 54 Christopher J. Yuen Director Roy R. Takemoto Deputy Director This letter is to inform you that the Kailua Village Design Commission, at its September 21, 2004 meeting, voted to make the following recommendation to the Planning Director. • Approval of the rezoning of the parcels from Resort V-1.25 (parcel 67) and Agriculture A -la (por. of 54) to Multi -family Residential RM -2.5. The consensus of the Design Commission was that it favored the consolidation and rezoning of the two parcels, since this action will result in a project with lower density and lower building bulk, as compared to the previously approved project. The Design Commission looks forward to the review of your project when it becomes finalized. Please contact Bennett Mark of our West Hawaii office at 327-3510 should you have any questions. Sincerely, MAILE B. MELROSE, Chairman Kailua Village Design Commission cc: Chris Yuen, Planning Director Planning Commission, c/o Norman Hayashi Planning Dept. -West Hawaii Office PAKVWCorresp\20041LKVDC Kona Hale Alii 7-5-009-54,67.doc Hawaii County is an Equal Opportunity Provider and Employer Auhaukeae1 I KUA -� Auhaukeacj 2 RC -0205 -1..-130'. �F WWW -I- I- -50' 50-10-28-5608 KU P`��N1 N1G,N 0 1 y o- 290' 0 30m 60m FIG -1 TMK:3-7-5-09: SEAWARD PORTION Lanihau Corporation Project 30 Site Kailua-Kona, Hawall Project 80-8 June 1980 (Additions - March 1981) Paul H. Rosendahl, Ph. D., Inc. 0. Figure 4. Project area map from Rosendahl (1981a) showing SIHP Site 5608 and the current study area. 0 RC -0205 Table 1. Features of SHIP Site 5608 (abstracted from Rosendahl 1981a, 1981b, and 1981c). Feature designation Feature type Suggested junction A Stepped platform Possible heiau B Platform Possible residential feature C Platform Possible burial feature D Platform Confirmed burial feature E Mound Possible burial feature F Mound Confirmed burial feature G Mound Possible burial feature H Stepped platform Possible residential feature [ Platforms (2) Possible burial features J Platforms (3) Possible burial features K Stepped platform Possible heiau L Platform Possible heiau M Terrace Possible residential feature N Platforms (3) Confirmed burial features O Platform Possible burial feature P Platform Possible residential feature Q Occupation area Bedrock activity area R* Wall Kuakini Wall (SIHP Site 6302) S* Filled crack Possible burial feature T* Rubble pile Possible burial feature U* Platform Possible burial feature V* Modified outcrop Possible burial feature W* Wall Unknown X* Terrace Retaining wall Y Terrace Retaining wall Z Terrace Retaining wall AA Platforms (2) Confirmed burial features BB Boulder alignment Unknown CC Platform Unknown DD Wall Unknown EE Rubble pile Unknown FF Filled crack Possible burial feature GG* Rubble pile Possible burial feature HH* Platform Possible burial feature II* Platform Possible burial feature JJ Terrace Retaining wall KK Modified outcrop Possible burial feature LL Cache/cupboard Storage MM Rubble pile Unknown NN Rubble pile Unknown 00 Enclosure Unknown PP Rubble pile Possible burial feature QQ Wall Possible burial feature RR Walled shelter Possible burial feature SS Boulder alignment/wall Unknown TT Walled shelter Unknown UU Platform Possible burial feature VV Terrace Retaining wall Table 1 continued on next page. VA RC -0205 Table 1. (continued). Feature designation Feature type Suggested junction WW Enclosure Modern construction XX Wall Possible retaining wall YY Enclosure Possible walled terrace ZZ Mound and rubble piles (2) Possible burial features AAA Modified outcrop Possible burial feature BBB Platform Probable burial feature CCC Platform Probable burial feature DDD Platform Probable burial feature EEE Platform Possible burial feature FFF Platform Possible burial feature GGG Modified outcrop Possible burial feature HHH* Filled crack Possible burial feature III* Wall Unknown JJJ* Terrace Retaining wall KKK Terrace Retaining wall LLL* Rubble pile Possible burial feature MMM* Rubble pile Possible burial feature NNN Platform Possible burial feature 000 Rubble pile Possible burial feature PPP Walled shelter Unknown QQQ Rubble pile Possible burial feature RRR Rubble pile Unknown SSS Platform Confirmed burial feature TTT Platform Possible cairn UUU Modified outcrop Unknown V V V Occupation area Unknown WWW Occupation area Unknown *Feature located within current project area (see Figure 4) Cultural -Historical Context and Ahupua`a Settlement Patterns The project area is in the coastal edge of what has been termed the Kona Field System (Cordy 1995, Newman 1970, Schilt 1984). This area extends north at least to Kau Ahupua`a and south to Honaunau, west from the coastline and east to the forested slopes of Hualalai (Cordy 1995). A large portion of this area is designated in the Hawaii SIHP (State Inventory of Historic Places) as Site 50-10-37-6601 and has been determined eligible for inclusion in the National Register of Historic Places. The basic characteristics and elevationally delimited zones within this agricultural/residential system as presented in Newman (1970) have been confirmed and elaborated on by ethnohistorical investigations (Kelly 1983). The current study parcel is in the kula zone. This is the area from sea level to 150 meters elevation. Annual rainfall in the kula zone is 75 to 125 centimeters. This lower elevation zone is traditionally associated with habitation and the cultivation of sweet potatoes, paper mulberry, and gourds. Agricultural features, such as clearing mounds, planting mounds, planting depressions, modified outcrops, pavements, enclosures, and planting terraces, are common throughout much of this zone (Hammatt and Clark 1980, Hammatt and Folk 1980, Hann et al. 1998, Schilt 1984). Dwellings were scattered throughout the agricultural portion of the kula, but they are commonly concentrated along the shoreline (Cordy 1981, Hammatt 1980). The shoreline zone, extending inland approximately 200 meters, was used primarily for permanent habitation and other non-agricultural activities, such as canoe storage, ceremonial and burial 8 PROPOSED AMENDMENTS TO BILL NO. 367, Draft 2 Underscored (_) items to be added; bracketed [ ] items to be deleted. Condition J "An Archaeological Preservation and Burial Treatment Plan shall be submitted for the review and approval [for the review and approval] of the Planning Director, in consultation with the Department of Land and Natural Resources — State Historic Preservation Division (DLNR- SHPD). The Preservation Plan shall incorporate appropriate mitikation measures resulting from the impact of any fence an&or wall constructed along the boundaries of the subject site subject to the archaeological and cultural features of the adjoining properties identified by 1MK: 7-5-9: 55 and portion of 54. Proposed mitigation treatment for the burial sites within the subject property shall be approved by the SHPD's Hawai' i Island Burial Council before detailed mitigation plans are finalized for these sites. A copy of the approved Final Archaeological Preservation and Burial Treatment Plan shall be submitted to the Planning Director for its files prior to submitting plans for Final Plan Approval review or prior to the issuance of any land alteration permits, whichever occurs first. Appropriate interim preservation buffers and measures acceptable to the Planning Director shall be installed between any historic sites in the zoned areas before any land disturbance occurs on the property. A separate Preservation Plan for that portion of TMK: 7-5-9: 54 that is zoned A -la shall be to SHPD prior to any mechanical disturbance or issuance of any land disturbance permit of that area." 2. New Condition L "The applicant shall idenCz& an entity that would be responsible for the management and care ofthe archaeologgicallcultural features on that portion ofTMK. 7-5-09: 54 that is not covered by this ordinance. Prior to its designation, the applicant shall solicit the input ofthe native Hawaiian community and the County Council. Within 60 dam of the identification ofthis entity, this area, with the concurrence of the County Council, shall be conveyed via lease or fee to the identified entity for $1.00. New Condition M "The applicant shall preoare and submit a landscaping plan for the subject site in conjunction with the Plan Approval process. Said plan shall reflect, where feasible, the use of indigenous and water conserving plants and complywith the guidelines outlined in Planning Department Rule No. 17 relating to landscaping" 4. Re -letter existing Conditions "L to R" to "N to T" 5. Condition 0 (formerly OZ "The applicant shall make its fair share contribution to mitigate the potential regional impacts of the subject project with respect to parks and recreation, fire, police and solid waste disposal facilities and roads. The amount of the fair share contribution shall be the sum which is the product of multiplying the number of multiple family residential units proposed to be developed by the amounts allocated herein below for each such unit, and shall become, with the exception of the parks and recreation fees. due and payable prior to the issuance of the Certificate of Occupancy for any unit on the subject property. I'he park and recreation fees shall be due and payable prior to the issuance ofa building permit. The fair share contribution, in a form of cash, land, facilities or any combination thereof, acceptable to the director in consultation with the affected agencies, shall be determined by the County Council. The fair share contribution shall have a maximum combined value of $6,206.06 per multiple -family residential unit. Based upon the applicant's representation of intent to develop a total of twelve (12) additional multiple -family residential units, the indicated total of fair share contribution is $74,472.72 for the additional multiple -family residential units. However, the total amount shall be increased or reduced in proportion with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution shall be allocated as follows: 1. $3,061.27 per multiple family residential unit for an indicated total of $36,735.24 to the County or, if the County Council so agrees, directly to the entity so designated under condition L to the further the obiectives of condition L and to support park cultural, and recreational improvements; ...."