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HomeMy WebLinkAboutREP PC 007 02/01/2005 2004-2006 REPORT OF THE COMMITTEE ON PLANNING DATE: February 1, 2005 RE: Communication No. 821/Bill No. 356 PLACE: Councilroom TIME: 1:30 p.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Communication No. 821 and Bill No. 356, transmitted by Mayor Harry Kim, dated October 15, 2004, regarding a Change of Zone Request by Continental Pacific LLC, at Makahanaloa, South Hilo, Hawaii, TMK: 2-8-8:103, Por. 103, Por. 104, Por. 95, and Por. 3., reports as follows: Bill No. 356 seeks to amend Section 25-8-35 (Pepeekeo Zone Map) Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the District Classification from Village Commercial (CV-10), Limited Industrial (ML 20), and General Industrial (MG-Sa) to Single Family Residential (RS-20) and from Agricultural (A-20a) to Limited Industrial (M L-20). In Bill 356, Section 2, in accordance with Section 25-2-44, Hawaii County Code, the Council finds the following conditions are: 1. Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or 2. Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: A. Protection of the public from potentially deleterious effects of the propose use; or B. Fulfillment of the need for public service demands created by the proposed use. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval: I . The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this ordinance. Comply with all requirements of the Department of Water Supply regarding potable water. 2. Final subdivision approval of the proposed subdivision within the proposed single family residential zoned area shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. 3. The project, including the provision of public access to and along the shoreline, limitation on the number of dwellings in the RS zone, and furnishing of water to the lots, shall be completed in substantial compliance with the Settlement Agreement dated April 12, 2002. 4. Final plan approval for the industrial-zoned lands shall be secured from the Planning Director in accordance with the zoning code. Plans shall identify proposed structure(s), fire protection measures, and access roadway, driveway and parking stalls. Landscaping shall be provided in accordance the requirements of the Planning Department's rule number 17 (landscaping requirements). 5. All development-generated runotl shall be disposed of on-site and not be directed toward any adjacent properties. 6. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD when it finds that sufficient mitigation measures have been taken. 7. All dwellings shall he served by an approved septictank/leach field system. Communication 821 Bill 356 Page 2 8. The applicant shall comply with all applicable laws, rules and regulations and requirements of affected agencies for the development of the industrial zoned area. 9. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances; A. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. B. Granting of the time extension would not be contrary to the general plan or zoning code. C. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. D. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). E. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the subject area to its original or a more appropriate designation. Communication No. 821 reports [he Hawaii County Planning Commission, as required by the Hawaii County Charter, Chapter 4, Section 6-4.3(C), considered the above request and accompanying Bill No. 356 on October I5, 2004. The Commission concurred with the Planning Director's favorable recommendation on this matter. Communication No. 821, in synopsis, reports the Planning Director's findings and recommendations as the following: I . The applicant is the owner of the property. The applicant is requesting a change of zone for approximately 12.640 acres. 2. The subject property is located in the area of the former Pepeekeo Mill complex and surrounding former sugar cane lands at Pepeekeo, South Hilo, Hawaii. 3. The applicant is also requesting a concurrent state land use boundary amendment (Bill 355) from the agricultural district to the urban district. 4. The applicant is requesting the state land use boundary amendment and the change of zone so that they could create a residential subdivision of eleven lots, which is a substantial decrease in density from the possible density allowed under current zoning. The rezoning would also result in a new 3.344-acre ML zoned area where Hilo Coast Processing formerly had a warehouse and baseyard. 5. The subject property is located on lands near Pepeekeo Point and once contained structures associated with the Pepeekeo Sugar Mill and the Pepeekeo Mill Camp. These structures were torn down, mainly during the 1970'x. 6. The Planning Director's favorable recommendation for the state land use boundary amendment application is based on the following: ? The applicant is requesting a change of zone for approximately 12.640 acres: 1. TMK: 2-8-7: Por. 1, approximately 1.462 acres, from limited industrial (ML-20) to single-family residential (RS-20). This area includes portions of bulk lot 83, 70 and roadway lot 93. Communication 82l Bill 356 Page 3 2. TMK: 2-8-7: Por. I, approximately 1.194 acres from village commercial (CV-10) to single-family residential (RS-20). This area includes a portion of bulk lot 70. 3. TMK: 2-8-7: Por. I and 53, approximately 6.640 acres, from general industrial (MG-Sa) to single-family residential (RS-20), location of the mill site. This area includes portions of bulk lots 70. 83 and roadway lot 93. 4. TMK: 2-8-7: Por. 53, approximately 3.344 acres within Lot 91, from agricultural (A-20a) to limited industrial (ML-20), concurrent SLU boundary amendment from agricultural to urban. ? The project site is situated within close proximity to schools, commercial areas, and employment centers and public safety services. All utilities and services essential to accommodate urban development are or will be made available to the project site. ? The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. ? Based on the above findings, approval of this change o zone request from limited industrial (ML-20), village commercial (CV-10) and general industrial (MG-5) to the single-family residential (RS-20) zoned district would result in an appropriate land use pattern that will further benefit the general public. At today's meeting, Your Committee received two written testimonies in support of BiII 356 and twenty-one against. Your Committee also heard public testimony from six people. Barbara Hanog is a member of the Pepeekeo Senior Club and spoke in favor of Bill 356. She said that Continental Pacific LLC took part in meetings with community members on an ongoing basis and tried to resolve issues with community input. Ed Johnston voiced support for the project and read into the record supporting testimonies for Lorraine Mendoza, President of the Pepeekeo Community Association, and Roy Skogstrom, a Pepeekeo resident. Mr. Johnston stated that he was a farmer and had attended numerous meetings with the developers and that these meetings between community members and the developer resulted in positive outcomes. Michael Heya, also a resident of Pepeekeo, said that the owners worked hard with the community to resolve the issue of public access to the fishing areas along the coast. Sarah Moon, a Hilo resident, expressed concern about public access to the shoreline. She commented that adequate public access to the shoreline was not being addressed. Some people would not be able [o walk the half-mile from the parking area to the shoreline. She also was concerned about the maintenance of the public access trails and roadways. She also expressed concern about the toxicity of the coal ash pile and the bulldozing in the SMA area. Jan Moon, Sarah Moon's mother, stated that the area was uniquely beautiful and that she was concerned that the developers would not maintain the public access areas. She also said that some of the public access areas needed to be clearly marked and improved (cleared, mowed, and leveled). Claudia Rohr also spoke against the development, citing concerns about the toxic ash pile, contaminated well, and the loss of a ballpark. She also expressed concern about the private agreement between Continental Pacific LLC and the Pepeekeo Community Association. This agreement states that the developer would give the Association up to $330,000 from the proceeds of the shoreline property sales. Planning Director Chris Yuen and Steve Lim, representative for the applicant provided this committee with background information about the origins and purpose of Bill No. 356. Mr. Yuen explained that the application received a favorable recommendation from the Planning Department because the request coincides with established land use patterns in the area. The approval of the state land use boundary amendment to the urban district complements the state land use district rules and is consistent with the Hawaii state plan. Mr. Yuen acknowledged that there is a Settlement Agreement between the developer and the County. This agreement limits the number of lots that can he developed. Communication 821 Bill 356 Page 4 During discussion, Councilmember K. Angel Pilago expressed concern about the maintenance of the two old cemeteries in the area --Chines and Japanese and who would be responsible for maintaining them in the future. The majority of the discussion by members of Your Committee focused on the major issue of public access Councilmember Bob Jacobson expressed concerns about access for disabled people, lack of signs indicating the public access areas and the lack of a long- range plan to manage the public easements in the future. Councilmember Dc Fred Holschuh, when asked by Councilmember Gary Safarik if he supported the project, responded that he supported the project because of the good relationship between the community members and the developers in working out an access plan. Your Committee concurs with the Planning Commission and the Planning Director's favorable recommendation for approval of the change of zone application. Your Committee on Planning is in accord with the intent and purpose of Bill No. 356 and recommends it pass first reading. Wi noes noes A&e ex Respectfully submitted, ARAKAKI X HICA X ~-£OMMITTEE ON1 PLANN_I_NG HOFFMANN X ~ " IKeoA a( Peter Hoffm~nry.L>e-C IsBE?,?. R JACOBSON PILACO 7{ K. Angel ilago, Co-Chaff SAFARIK X PC REPORT NO. 7 ADOPTED: FEB 1 6 205