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HomeMy WebLinkAboutREP PC 025 06/14/2005 2004-2006 REPORT OF THE COMMITTEE ON PLANNING DATE: June 14, 2005 Re: Comm. No. 106/Bill No. 30 PLACE: Council Chambers TIME: 1:10 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 30, transmitted by Mayor Harry Kim, dated February 8, 2005, regarding a Change of Zone request application by Suffolk Investment, LLC, at Puapua`aiki I" and Puapua`anui I", North Kona, Hawaii, TMK: 7-5-17:19, reports as follows: Bill No. 30 seeks to amend Section 25-8-3 (North Kona 7,one Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the District Classification for approximately 14.87 acres of land from Agricultural 5 acre (A-Sa) to Multiple Family Residential 2,500 square foot (RM-2.5). Communication No. 106 reports the Hawaii County Planning Commission, as required by the Hawaii County Charter, Chapter 4, Section 6-43(C), considered the above request and accompanying Bill No. 29 on January 21, ?005. At this meeting, the Commission's vote to approve the Planning Director's favorable recommendation was recorded as two "ayes" to three "noes". Because there was not five affirmative votes, the vote constitutes a "no action" and, therefore, is recorded as an unfavorable recommendation. Communication No. 106 also transmits the favorable recommendation of the Planning Director; Communication No. 106 reports, in synopsis, the following: I . The applicants are requesting a Change of Zone to change the district classification from Agricultural 5-acre (A-Sa) to Multiple Family Residential-2,500 square foot (RM-2.5) district for 14.87 acres of land. The property is located between Hawaii Belt Road (Highway 1 1) and Kuakini Highway, directly west (makai) of the Pualani Estates Subdivision. 2. 'fhe applicants propose to develop a 250-unit market rental housing project with twenty-four hvo and three story structures, over 300 parking spaces for residents and guests, and a private park approximately .75 to I.0 acre in sire. 3. Access to the proposed site would be from the extension of the Queen Ka`ahumanu Highway (]{awai'i Belt Road), which has right-of-wav width that varies from 165 and 225 feet with a pavement width of 24 feet with 10-foot paved shoulders. 4. All essential utilities are or will he made available to the site as part oY'this project. The subject parcel is located less than three miles north of Kealakehe Police Station and there are three fire stations within five miles from the site. The approval of the Change of Lone request from Agricultural (A-5a) to a Multiple Family Residential-2,500 square feet (RM ?.5) zoned district would result in an appropriate land use pattern that will further benefit the public based on the following: • The rezoning action complements the Land Use and Housing Elements goals, objectives, and/or policies articulated in the Hawaii County General Plan, particularly those relating to diversification of economic activities and housing opportunities. • l'he rezoning action conforms to the band Use Element of the Hawaii County General Plan and the LUPAG Map designation for the area. The LUPAG Designation is Urban Expansion Area. PC' REPOR"f NO. ZS Communication 106 Bill 30 Page 2 • The State of Hawaii ALISH Map classifies a small portion of the southern section of the property as "Other Important" Agricultural Lands with the remainder of the property as Unclassified. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or "Very Poor". • I"he approval of the Change of Zone Request will not be violative of Chapter 205A, Hawaii Revised Statutes. The property is not situated within the Special Management Area. It is located approximately one mile away from the coastline. • No archeological sites, cultural, historical resources, nor species are expected to be adversely affected because of this request. • The Flood Insurance Rate Map (FIRM) identifies the parcel °X" outside the 500-year flood plain. 5. Requisite of the Planning Director's favorable recommendation for the Change of Zone request are approximately twenty-four conditions contained in Bill No. 30 that delineate deed restrictions, improvements and lot setback requirements for the proposed project. This matter was first heard on March 15, 2005. At that meeting, Planning Director Chris Yuen explained why he recommended approval of the application, which findings and conclusion are set forth in Communication No. 106. He then explained that the Planning Commission's unfavorable recommendation was due to the housing and rental housing needs in the Kailua-Kona district, and that housing should be geared towards the middle-income family at a minimum of 20 percent. At a Planning Committee site visit held on April 12, 200, Mr. Sidney Puke, Planning Consultant, and Mr. Brian Cook, applicant for Puaa Investments and representative of Suffolk Investments, explained the logistics and placement of [he intersection for the proposed development, which will be directly adjacent and across from the entrance to Kahakai Estates/Nakukui Street. Mr. Cook also explained that this proposed mauka-makai connector with Queen Ka'ahumanu Highway is an eight percent grade through the subject property which curves into the proposed site for the neighborhood shopping center at the north end of the property before continuing up to intersect at Queen Ka'ahamanu across from the entrance to the Pualani Estates Subdivision. He went on to say that at the Queen Ka'ahamanu intersection immediately across from the entrance to Pualani Estates, athree-sided traffic signal is proposed to he completed within the next year. At a subsequent Planning Committee public hearing held on April 12, 2005 for the purpose of receiving public testimony, approximately 1 15 members of the public attended. Mr. Sidney Fuke, Planning Consultant, and Mr. Brian Cook, representative for both applicants, made a presentation about the project, proposed traffic, infrastnicture and affordable housing considerations. Heard again on May I Z 2005, this measure was postponed to allow Co-Chair Angel Pilago and Co-Chair Pete Hoffmann to meet with the applicant and Planning Consultant Sidney Puke. Bill No. 30, Draft 2, transmitted by Co-Chairman Pete Hoffmann and Co-Chairman K. Angel Pilago, via Communication No. 106.52, dated .lone 9, 2005, proposes amendments to Bill 30, that were discussed at the meeting of May 17, 2005 as well as discussions with Sidney Fuke, Planning Consultant. The following amendments were proposed in Draft 2: PC REPORT NO. 25 Communication I06 Bill 30 Page 3 I. Amend Conditions F. G and I: These conditions would be amended by requiring that certain roadway improvements, including completion of the new mauka/makai road and the main spine road within the Pualani Estates Subdivision to Hualalai Road, have to be completed prior to issuance of any occupancy permit. Additionally, Condition I would be amended to include a pedestrian activated crosswalk lights at the Kuakini Highway intersection. Condition F: "The applican7, successors or assigns shall impr~ave the intersection at the principal uccess on the Hawai `i Belt Road at the north end ojT.A1 K. No. ?-5J7; 7, a[ the Pualani Estates Subdivision Road, including, but pat limned to, a deceleration and exclusive left-turn lane into T MK. No 7-5-U: 1. Intersection improvements shall be as required by the Department gjTransportation. The applicunt shall pay for [he cost o/upgrading the traffic signal lights a! the intersection of the Hawai `i Belt Road and the Pualani Estates Subdivision Rnad [o accommodate d-way traffc. Said improvements plus the muin spine road through the Pualani Estates Subdivision to Hualalai Road shall be completed prior to the issuance ofa certificate ofoccupancy for any residential structures on the suhiect site " Condition G: "The applicant, successors, or assigns shall construct a right-turn deceleration lane and aright-kern acceleration lane at the secondary entrance located south of the main intersection meeting with the approval of the Slate Department ofTransportation, and any other improvements that may be required by the DOT Ij~DOT opposes the use of the second access to the commercial development, all access shall he (rain the northern access point Otherwise, the southern access shall he limited to right-in, right-out movements only. Said improvements Shoff be com feted prior to the issuance ofa certfcate of'occupancp or non-residential structures or final inspection ofany residential structures." Condition L• "Access to Kuakini Highway, including the provision of adequate sight dislance.r, shall meet with the approval oJ7he Departure»t of Public Works. An exclusive Iefi turn tune and a right turn deceleration lane Shull he provided un Kuakini Highway at the Easement 1 access road approach. The access shall align with the opposing enhy lu Kahakai .Esva[es Subdivision. [ReryuireclJ Requirement improvements may include, but naI be limited Io, pavement and shoulder widening, pedestrian activated cross walk l~hts' drainage improvements and relocation of utilities. A system ofdrywells shall be installed !o address existing local drainage on [he muuka side a/Kuakini Highway flowing (o the proposed accese~ approuch. Said improvements Shull he completed prior to the issuance o .u certircate o occu ancy br an ~ residential sn~uctures on tlae subiecl site. 2. Add New Condition J: Like the condition for Puaa, this new addition is designed to establish the standards for the main mauka/makai spine road through the project site. This road would include curbs, gutters, and sidewalk and bike paths, if acceptable to the County. Furthermore, the road would be dedicated to the County. "The main spine mauka/makai road within the proposed development shall be improved to Counrr deducible standards with curbs, gutter and sidewalk improvements and ifaccepted by the Coun[~ bike path prior ro issuance ofa certi icate of occupancy. The applicant shall provide necessa~ easement~or road and drainage improvements in favor of T.M.K. No. 7-5-17:1 .ro that the pronerty~ can he developed indepr'ndently ofT.MK. No. 7-5-17: 19. The applicant its successors or assns shall convey its irttcrest in the casement arv_d all improvements therein to the County upon their completion. " 3. Chanec Condition J to "K" PC REPORT NO. _ 25 Communication 106 Bill 30 Page 4 4. Add New Condition L: Like Bill No. 32, this is designed to clarify when the drainage improvements have to be completed as well as the necessity of FEMA approval. This provision was absent in the original draft. "A drainage study shall be prepared and submitted for the review and approval ofthe Department of Public Works prior to the issuance of Final Plan Approval. lfdeemed necessary by the Department of Public Works the appropriate Federal Emerzencv Management Agency (FEMA) clearances andior approvals shall be securedprior [o issuance of any land disturbance permit affecting the area corered by the work within [he "AE" zone or the corrected effective base flood plain The applicant shall consh~uct ali necessary drainage improvements including the flood channel prior to the issuance uLa certificate ofoccupancy for nun-residential structures or frnal inspection ofany residential structures." 5. Chance Condition K to "M" 6. Amend Condition L to "N" with following chances: This is to clarify that this restriction does not prohibit non-habitable structures or improvements, such as roadway, within the flood area, as well as to make the covenants applicable only to any single-family residential lots that may be created within the project area. Fm#lr#tr~gv] Np residerttinl structures shall be constructed within areas designated "AE" ur "shaded " Zone "X" by Flnnd Insurance Ra[e Map.r (FIRA~ as amended by any applicable LOMR. Restrictive cnvcnuntc in the deeds gjall sin~Ie family t~esidential lots shall give puttee of the terms of (his resoning condition. No single-family residential lots may be created which lack a buildahle area. This restriction mac be removed by amendment of this ordinance by the County Council. appropriate a RAJ copy ofthe proposed covenant(s) to be recorded with the Bureau ofConveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy ofthe recorded document shall be filed with the Planning Department upon il.c receipl,from the Bureau ofCnnveyance.r." 7. Change Conditions M through R to "O to 7"' 8. Add New Condition "U" Although public education, like health care, is a State function, there is a need to address this issue. "fhe applicant has represented that it is prepared to set aside 5 acres of land for a school site within and/or adjacent to the proposed rental housing project and, also, provide some measure of structural improvements on the site, provided that appropriate recreational impact fee credits can be secured. With the school, this project would have the significant components of a small community- rental and tee simple housing that span all economic spectrums; commercial village center; park; and a school site. In the regard, this provision provides for the following: a. Within 90 days of the effective date of this ordinance, the applicant would solicit the input of the DOE, community, and County Council, to determine which agency or entity would be the recipient of this school site and any improvements thereon. If not the DOE, the designated entity would be aDOG-sanctioned "public" school, such as a charter school. b. Within 60 days after this agency or entity is identified, the applicant would submit a draft of an agreement between the landowner and the agency/entity to the Council for review relative to consistency with the terms of the ordinance. PC REPORT NO. 25 Communication 106 Bill 30 Page 5 c. The agreement will also spell out that: 1) The land has to be conveyed by lease or fee, with access and utilities, prior to issuance of a building permit for any development within the proposed development area for $1 either in fee or lease; the school site and playground area, as well as up to $600,000 of building or structural improvements, as may be mutually agreed to between the entity and the applicant. These improvements have to be completed prior to issuance of occupancy permit for any portion of the rezoned area; 2) The selected entity has to commit to finding additional funds as may be necessary to be able to open up the school prior to or in conjunction with the issuance of a residential occupancy permit; and 3) If for any reason the school use is terminated, the land and improvements thereon would be conveyed to the County of Hawaii. The County, in turn, would be in a position to use the property for another school or for some other public purpose as it deems appropriate. "As represented by the applicatu within i2ineN(90) days after the effective date of7his ordinance [he apnltcant shall solicit the input of the State Department of Education (DOEI community and County Council [o determine n~hich government agency or entity such as a DOE-certtfied "public charter" school would be the recipient o this school stle. The school site and anv improvements thereon shall be conveyed via lease or fee to the identi ied recipient for $1.00 with the understanding that said_ enti ~ or ~ency would be able to secure additional funds as may be necessar~o have a school opened prior to or in conjunction with the issuance ofa residential oc~ancv permit on the suhiec( ro ert Further shozdd the school use be terminated for any reason the [and and improvements• thereon shall he conreved m dte Counter 'Hawai'i at nn cost. Within sixt 6y ( 01 day, ol~lhe identification of the receiving a~ncy or entity a draft ofan agreement re lectin the terms outlined in this ordinance shall be submitted to the County Council for its review us to ConslsleneV. As urtherTepresented by the upplican[ the applicant suc•c•essors, or assigns shall 1) prior [o the issuance ofa building permit for any residential or commercial structures on the subject site a) subdivide and dedicate or cause the dedication of5 acres ofland within the T.MK 7-5-IT 19 and/or T. M K ?-S-I ~ 23 fir a school site to the State DOE or a DOE-certi eel "public charter " ~ and bl provide the necessary infrastructure to the site including vehicular access and utility systems ~ and 2/ prior to the issuance o1 a Certircate ofOccupancy or anv residential structures on the subject sit make [he necessary on-.cite land improvements for the school and associated playground area as tivedl as construct or cause the construction ofto $600 000 ofbuilding or structural improvements as ma be mutuallygreed to between the applicant and the receiving agency or entity. These improvements are designed to facilitate the openingofa school prior to the occupancy ofany residential e7ructurea~ on the subJecl property. " 9. Amend Condition S to "V° with the followinc chances: This provision makes clear that certain off-site road work, because they have broader public benefit, will be credited against the applicant's fair share road requirement. Furthermore, since the school and its park area may also be used for public recreational and related purposes, the applicant's park and recreation fair share is being credited. To also increase the potential for making more improvements to this site, including the construction of school structures on the site. the value of the land will be determined using the applicant's purchase price and not at the time of conveyance when improvements and/or price escalation have occurred. Furthermore, since a maximum of $600,000 of structural improvements for the school site are being required of the applicant to facilitate the construction of a school, future tair share credit for the balance oFthc applicant's undeveloped properties would be given. PC REPORT NO. 25 Communication 106 Bill 30 Page 6 "ln lieu ofpaying the fair share contribution, the applicant may contribute land and/or construct improni~ments/facilities related [o parks and recreation, fire, police, solid was(e disposal facilities and roads within the region impacted ny the proposed development, suhject to the review and recomrnenda(inn ofthe Planning Uirecto,r, upon consultation with the appropriate agencies aged approval of the Cotnty Council. Lmprovements to the drarnage as rt crosses under Kuakini Highway, the rood improvements at the Kuakini Hiphway rntersectron and the mauka/makai mine road up to erth~ance o the ropo.red rental housing~r feet shall b+~J he credited against the roadJdir share. Relatire to [he reyuirenen(s or the school as outlined in Condition U the value of land -which cha11 he based on the per acre purchase cos! oflhe applicant - the cost o The anfrastructure (road and u(ili to the subject site and the cost o site preparation fns the school and plavground area shall be credited against the pm-k and recreation fair shore. The anstruciion ofanV structures on [he su~ec! silo shall he credited against the balance i ~an o The ark and recreation fair share ofthis nrdittcance and/or anv futiu~e Work and recreation Farr share reguiremen! for T MK. 7-5-I Z~ 23 anc! 26. " 10. Chance Condition T to "W" 11. Chance Condition U to "X" with the following chances: This amendment is designed to require the project to target 20% or 50 of its units to the 80% or less than median income leveh with the remaining SO% directed to those households with 120% or less than median income. "To ensure Iha[ the Goals and Policies of the Housing Element of[he General Plan are implemented, the applicant.chall comply with the requirements of the Chupler 11, flrticle 1, Hawai `i County Code relating to Affordable Housing Policy. ~,~;;;t;F:J The affordable housing plan shall be approred by~ the County Housing Agency prior to final subdivision approval of final plan approval, whichever occurs first. The housing requirement shall be net by the provision of affordable housing onsite, and not by use gi'any gffordahlc housing credits generated offcile or by any in-lieu fees. Further as represented by the applicant a rnininum of hventy (20l percent nfthe units will he rented a! the XO% or less than median income level and the remaining at the 120% or less than nedian income level " 12. Chance Conditions "V to X" to "Y to AA" After much discussion, Your Committee further amended Bill 30 to draft 3 as follows: I . Amend New Condition J: "The main spine mauka/makai road within the proposed development shall be improved to Counp~ [dedae+fife] dedicable standards with curbs, gutter and sidewalk improvements and if accepted by the County, a bike path, prior to issuance ofa certificate of occupancy. The applicant shall provide necessary easements for road and drainage improvements in favor of T.M.K. No. 7-5-17: I so that the property can be developed independently of T.M.K. No. 7-5-17: 19. The applicant, its successors, or assigns shall convey its interest in the easement and all improvements therein to the County upon their completion." 2. Amend New Condition U: °As represented by the applicant, within nine[y(90) days after the effective date of this ordinance, the applicant shall solicit the input of the State Department of Education (DOE), community, and County Council to determine which government agency or entity, such as aDOE-certified "public charter" school, would he the recipient ofthis school site. The school site and any improvements [hereon shall PC REPORT NO. 25 Communication 106 Bill 30 Page 7 be com~eyed via lease der-fee] to the identified recipient for $1.00 with the understanding that said entity or agency would be able to secure additional funds as may be necessary to have a school opened prior to or in conjunction with the issuance of a residential occupancy permit on the subject propetty. Further, should [he school use be terminated for any reason, the land and improvements thereon shall be conveyed to the County of Hawaii at no cost. Within sixty (60) days of the identification of the receiving agency or entity, a draft of an agreement reflecting the terms outlined in this ordinance, shall be submitted to the County Council for its review ~:~t>Fy] and a royal. There was discussion regarding adding a condition requiring a school in the subject project. Council Member Virginia Isbell noted that the Council should have been doing this type of sensitivity planning years ago. She stated that all aspects of the infrastructure connected with a particular development should be considered and shortfalls addressed. Planning Committee Co-chair Pete Hoffmann emphasized that with this effort the Comtcil has an opportunity to set a significant precedent and truly make a difference. The developers have sought to respond to community and Council concerns regarding various infrastructure shortfalls, particularly schools. This co-operation marks a noteworthy change in how these issues will be considered in the future. Furthermore, Planning Director Chris Yucn noted that the developer shall be entitled to excess credits pursuant to Chapter 1 I of the Hawaii County Code should this new condition be added. Council Chair Stacy Higa suggested a gym or a park on the donated five acres might be more appropriate, especially since the cost of the site preparation for the school and playground area would be credited against the parks and recreation fair share that the developers have to pay. Council Member James Arakaki suggested that an amendment be made to include a County Agency as the recipient of the five acres if the State Department of Education could no[ do the project. Your Committee met today, and concws with the I°lanning Director's favorable recommendation for approval of the Change of 7,one request. Your Committee on Planning is in accord with the intent and purpose of Bill No. 30, as amended to Draft 3, and recommends it pass first reading. smc nvts Noes nge ex Respectfully submiued, ARAKAKI X _ HIGA x COMMITTFF, ON PLANNING HOFFMANN _ X _ ~ HOLSCHUH _ X_ IKEDA _ X _ IssELL x Pcte Hoffma , Co-Chair JACOBSON _ X - PILAGO X SAFARIK X _ _ _ _ K. Angel Pil , Co-Chair PC RF,PORT NO. 25 n~oPTE~: JUL 0 7 7~'JS