HomeMy WebLinkAboutREP PC 027 06/14/2005 2004-2006 REPORT OF THE
COMMITTEE ON PLANNING
DATE: June 14, 2005 Re: Comm. No. 107/Bill No. 32
PLACE: Council Chambers
TIME: I:10 p.m.
Council Chair and Members
Hawaii County Council
Hilo. Hawaii 96720
Your Committee on Planning, to which was referred Bill No. 32, transmitted by Mayor Harry Kim, dated
February 8, 200, regarding a Change of Zone request application by Puaa Development, LLC, at
Puapua'aiki 1 and Puapua`anui 1 s', North Kona, Hawaii, TMK: 7-5-17:1, reports as follows:
bill No. 32 seeks to amend Section 25-8-3 (North Kona lone Map), Article 8, Chapter 25 (Zoning Code) of
the Hawaii County Code, by changing the District Classification for approximately 14.973 acres of land from
Agricultural 5 acre (A-5a) to a Neighborhood Commercial - 20,000 foot (CN-20) district.
Communication No. 107 reports Nie Hawaii County Planning Commission, as required by the Hawaii County
Charter, Chapter 4, Section 6-43(C), considered the above request and accompanying BiII No. 31 on
January 21, 2005. At this meeting, the Commission's vote to approve the Planning Director's favorable
recommendation was recorded as three "ayes" to two "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 Gone to change the district classification from Agricultural
5-acre (A-Sa) to a Neighborhood Commercial (CN-20) district for 14.973 acres of land. 'fhe property
is located along the west (makai) side of the Hawaii Belt Road (Highway I I) and across from the
Pualani Estates Subdivision.
2. The applicants propose to develop a neighborhood commercial shopping center.
3. Access to the proposed site would be from the extension of the Queen Ka`ahmnanu Highway (Hawai'i
Belt Road), which has right-of-way width that varies from 165 and 225 feet with a pavement width of
24 feet with 10-toot paved shoulders.
4. All essential utilities are or will be made available to the site as part of 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-Sa) to a Neighborhood Commercial - 20,000
foot (CN-20) 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 the Commercial Development Elements
goals, objectives, and/or policies articulated in the Hawaii County General Plan, particularly
those relating to diversification of economic activities and housing opportunities.
• The rezoning action conforms to the Land Use Element of the Hawai' i County General Plan and
the LUPAG Map designation for the area. The LUPAG Designation is Urban Expansion Area.
• "fhe State of Hawaii ALISI I 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'.
PC REPORT NO. 27
Communication 107
Bill 32
Page 2
• The 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) identities 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-eight conditions contained in Bill No. 32 that delineate deed restrictions,
improvements and bt 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, 2005, Mr. Sidney Fuke, Planning Consultant, and Mr.
Brian Cook, applicant for Puaa Investments and representative of Sutfolk Investments explained the logistics
and placement of the 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 subsequem 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,
infrastructure and aftbrdable housing considerations.
Heard again on May 17, 2005, this measure was postponed to allow Co-Chair Angel Pilago and Co-Chair Pete
I loftinann to rneet with the applicant and Planning Consultant Sidney Fuke.
Bill No. 30, Draft 2, transmitted by Co-Chairman Pete Hoffmann and Co-Chairman K. Angel Pilago, via
Communication No. 106.52, dated June 9, 2005, proposes amendments to Bill 30, that were discussed at its
meeting of May 17, 2005, as well as discussions with Sidney Fuke, Planning Consultant. 'fhe following
amendments were proposed in Draft 2:
1. Conditions F, G and I:
Pursuant to the concurrency policy, 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.
PC REPORT NO. '7
Communication 107
Bill 32
Page 3
Condition F:
"The applicant s~ assessors, or assigns shall improve the intersection al the principal access un thr
Hax°aii Bel[ Road aI the north end of T.MK. No. 7-SJ7~1, a1 the Pualani Es[ales Subdivision Road,
including, but no! limited to, a deceleration and exclusive deft-turn lane into T.M K No 7-5-17, 1.
/nter.cection improvements shall he as reyuired by the Department of Transportation. The applicant
shall pay for the cost of upgrading the trgffje signal lighlc at the intersection gfthe Hawaii Belt Road
and the Pualani Estates Subdivision Road to accommodate 4-way traffrc. Said improvements plw~ [he
main s~nine road through the Pualani Estates Subdivision to Huadalai Road shall be completed prior
to the issuance oJ~a certificate o peso amyfor non-residential structures or final inspection ofanc
residentialsh'uclures "
Condition C:
"The applicant, successors, or assigns shall construct aright-Turn deceleration lane and aright-turn
accelerutinn lane at the secondary entrance located south of dte main intersection meeting with the
upproral ofthe State Department of Transportation, and any other improvements that may he
rc yaired by the DOT /f DOT opposes [he u.re of the second access to the commercial development,
ul1 access shall he from the northern access point. Otherwise, the southern access shall be limited to
right-in, right-out movements only. Said improvements shall be completed prior to the issuance o1 a
certi irate o occ~gn~ ji~r non-residential structures or final inspection ojany residential
structures."
Condition I:
"access to Ktuzkini Highwuv, inck~ding the provision of adequate .right distances, shall meet with the
approval of the Deparnnent oJPublic Works. an exclusive left turn Lane and a right tarn deceleration
lane shall be provided un Kualdni Highway at the Easement 1 access road approach. The access shall
align with the opposing entry to Kahakai Estates Subdivisinrz ~~ec~ulreclJ Requirement improvements
may incletde, but not fie limited lo, pavement and shoulder widening,~des[rian activated cross walk
li hts drainage improvements and relocation of utilities- A system of drywells shall be installed to
address existing local drainage nn the muuka .ride of Kuakini Highway flowing to the proposed access
approach. Said improvements shall be com lete~rior to the issuance ofa certificate ofoccupaary
or no~t,_residenlial structures ur Tnal inspection of anV reridential.rtructures on the subject .cite- "
2. Condition J:
In the interest of connectivity, an easement to the property to the north of the subject site is
being required. A clarification, however, is needed relative to the terms and deadline of having this
easement established.
"The applicant, succe.csurs, or assigns shall provide an easement [o the property [o the north (TMK:
'-~-17'21 to permit that properly to access the main project intersection. The easement shall have a
minirmtm width of 60-fee[, and be in a location meeting with the approval of7he Department gfPublic
Works. The designation o ~this_ easement and its terms shall be established prior to the issuance ofa
certi kale o ~oc~cupanc;v for non-residentiul.ctructures orTnal inspection ofany residential
strucnves. "
3. Condition K:
This amendment is designed to clarify that the roadway referred to herein is the main
mauka/makai spine road through die project site; to introduce the concept of a bike path within this
road; and to require its dedication.
[a Fl-r~sJ The main .cpirre mauka/rnakai road within the proposed development shall be
improved to County dedicable standards with curbs, gutter and sidewalk improvements [+~idx
tt+" . ~`e-Wr~lesJ and ifaccepted by the County a bike path, prior to
issuance ofn certificate of occupancy. The applicant shall provide necessary easements for road and
drainage improvements in favor of T M. K. No. 7-5-17: 19 .eo that the property can be developed
independently of T.M No, i-5-17: 1. The a~lican7, its successors, or assigns shall convey its
interest in the easement and all improvements therein [o the County upon their compdetion_ "
PC REPORT NO. 27
Communication 107
(sill 32
Page 4
4. Condition M:
This is designed to clarify when the drainage improvements have to be completed as well as
the necessity of FEMA approval.
"A drainage study shall he prepared and submitted Jor the review and approval [ir~J n ~lhe
Department of Public Works prior to the issuance ofFina! Plan Apnroval. [
rke
thc~E~'L~E~t14&:J Ifdezrned necessary by the Departmend ofPublic Works the
appropriate Federal Emergency Managemen! Agency (FEMA) clearances and/or approvals shall he
secured prior !u isruunce o any land disturbance permit affecta~ the area covered by the work within
the "AF."zone nr die corrected effective base flood plain. The applicant shall construct all necessary
draina,~~e improvements including the flood channel prior to the issuance ofa certificate o1 occupancy
~r non,-residential sh~urlures or)inal inspection ofany reside~r(ial.rlruc(ures. "
5. Condition O:
9'his 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.
/Tkereil~crK #~e-+~.eens;~ruNiom~haelEi
kxtlefttrgsJ No re.ciden(iul or commercial eyructures shall be constructed within areas designated ".4E"
or "shaded" Lune "h"' by Flood Insurance Rate Maps (FIRM] as amended by any applicable LOMR.
Kestric[ive covenants in the deeds of cell single family residential lots .chat! give notice of the terms aJ
dais rezoning condition. No sitt >le- arnil ~ resrdertdul lnt.c may he created which lack a buildable area.
This restriction mcry he removed by amendment of [his ordinance by the County Council. [AJ >f
appropr~iadea copy gfthe proposed covenant(s) to be recorded with the Bureau of Conveyances shall
be submitted to the Planning Direc[or~ for reviex~ and approval prior !o [he issuance of Final
Subdivision Apprzevul. A copy nflhe recorded docurnenl shall be fled with the Planning Department
upon its receipt Jrnm the Bureau gfConneyancec. "
6. Add New Condition "V"
Although public education, like health care, is a State function, there is a need to address this
issue. The 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 credit can be
secured. With the school, this project would have the significant components of a small community -
rental and fee simple housing that span all economic spectrwns; commercial village center; park; and
a school site.
In that 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 aDOH-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.
c. The agreement will also spell out that:
I) 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 $ I either in
fee or lease
PC REPORT NO. 27
Communication 107
Bill 32
Page 5
2) The applicant has to make necessary on-site improvements for the school site and playground
area, as well as up to $600,000 of building or structural improvements, as may be mutually
agreed ro 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;
3) 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
4) 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 renresen~ed b ~ [he ap~licun( within ninely(90) da sy
~ after the effective date ofthis ordinance the
applicant shall solicit the input o(the Stale Department of Education jDOE) community and County
Council m de/ermine which eoyernmenl agency or entity such as aDOE-certified "public charter"
school would be the recipient o this school site. The school sire and any improvements thereon shall
be conv_eyed via lease or ee to the identi red recipient for $1.00 with the understanding that said
colt ~ nr aeeney would he able to secure culditional funds as may he necessary to have a school
opened prior [o nr in conjunction wish the issuance ofa residenlia! occupancy permit on the .cubiec't
ro er Further should the school use be terminated for any reason the land and improvements
[hereon shall be con_v~ed to the County ofKawai `i at no cos7.
Within sixty 1601 dais ofthe identi tcatiaet ofthe receiving ueency or entity a dr~i of an at~rcemeni
renectinx [he terms oudr'ned in this ordinan_~e
shall be submitted to the County Coiencil for its review
as to consistencV~
As lurther represented by the applicanu, the applicant, successors, ar assigns shall l1 prior to the
issuance ofa buildingpermit far any residential or commercial structures on the suhiect .rite a/
subdivide and dedicate or cause the dedication of5 acres ofland within the T.M.K. 7-5-17: 19 and/or
T. M K _?-5-1 23 for a school .cite to the ,State DOE or aDOE-certified "public charter"~ and hl
proti~ide the necessary inh-artructure to the site, including vehicular access and utilit~ystems ~ ands
prior, tq the issuance afu Certificate ofOccupancyjor any residential structures on the subiecl sits
make lee necesrary on_site land improvements for the school and associated pdayyrnund area as well
us consn~uct or cause the construction oTto $600 000 o(buildinp or structural improvements ar mcrv
he muneaii ~ u reed to between the applicant and the receivinQ~ency or entity. These improvements
are desirnaed ro facilitate the o Benin o a school prior to the occupanc~ofany residential struc[m~es
nra the e'ub ~ect r~erty_ "
7. Amend Condition W (formerly Condition "V")
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 he 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 fair share credit for the balance of the
applicant's undeveloped properties would be given.
PC REPORT NO. '7
Communication 107
BiII 32
Page 6
"(n lieu ofpaying the Jair share conlrihullon, the applicant mcry contribute land and/or construe!
improvements/facilities related to purks and recreation, fire, police, solid waste disposal facilities and
roads irithdn the region impacted by the proposed development, subject to the review and
recommendation of the Planning Director, upon consultation with the appropriate agencies and
approral of the County Council Improvements to the drainage as it croeses under Kuakini Highway
~n~++'J the road improvements al the Kualdni Highway intersection and the mauka/makai spine road
up to entrance ofthe prnnosed rental howang project shall be credited again.rl the roacf,jair share.
Relative to the requirements fur the school as outlined in Condition U the value ofland -which shall
he based on the per acre purchase cost ofthe ~lacant - the cost oflhe infrastructure (road and
utili ~ to the subiect rile and the cost ofsitepreparation /i~r the school and playground area shall be
credited against the park and recreation air share. The construction ofany structures on the subject
site shall be credited agains! the balance if any of the park and recreation fair share ofthis
ordinance and/or any future pork and recreation fair share reyulremen( (i~r T.M. K. 7-5-17: 23 and
26- "
8. Re-letter Conditions "W to BB" to "X to CC"
After much discussion, Your Committee further amended Bill 32 to draft 3 as follows:
1. Amend New Condition V:
"As represented by the applicant, within ninety(90) days after the effective date ofthis 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 be the recipient ofthis school site. The school site and any improvements thereon shall
be conveyed via lease [~-fee] to the identified recipient for $ I.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 issuanca of a residential occupancy permit on the subject property.
Further, should the school use he terminated for any reason, the land and improvements thereon shall
be conveyed to the County of I lawai`i 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
has-teeensistemsy] and approval."
'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
Council 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. 'T'his co-operation marks a noteworthy change in how these issues will be considered in the future.
Furthermore, Planning Director Chris Yuen noted that the developer shall be entitled to excess credits pursuant
to Chapter 11 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 [o 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 I~:ducation could not do the project.
PC REPORT NO. 27
Communication 107
BiII 32
Page 7
Your Committee met today, and concurs with the Planning Director's favorable recommendation for approval
of the Change of Zone request.
Your Committee on Planning is in accord with the intent and purpose of Bill No. 32, as amended to Draft 3,
and recommends it pass first reading.
smc
_ nrES noes nsF ex Respectfully submitted,
ARA KAKI X _
HIGA _ X COMMITTGF ON PLANNING
HOF'F'MANN X _ _
HOLSCHUII _ X _
IKEDA X
IsBELL _ X _ Pete Hoffina , Co-Chair
JACOBSON__ X _
PILACO X
SAFARIK___ X _
_ K. Angel Pila Co-Chair
HOOF Poxr~llL