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Home My WebLink AboutREP PC 061 04/04/2006 2004-2006 REPORT OF THE COMMITTEE ON PLANNING DATE: Apri14, 2006 Re: Comm. No. 681Bi11 No. 222 PLACE: Council Chambers TIME: 1:00 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Communication 681 and attached Bi11222, transmitted by Mayor Harry Kim, dated January 24, 2006, regarding Repeal of Change of Zone Ordinance initiated by PLANNING DIRECTOR, at Ponahawai, South Hilo, Hawaii, covered by TMK: 2-3-36: portion 18 and TMK: 2-3-37: 6. Bill No. 222 seeks to Ordinance No. 487, which amended Section 7.29, The City of Hilo Zone Map, Ordinance No. 63 (Zoning Ordinance), Revised Ordinances of the County of Hawaii 1967, as amended, and changed the District Classification from Agricultural (A-la) to Single Family Residential (RS-7.5) at Ponahawai, South Hilo, Hawaii, covered by Tax Map Key: 2-3- 36: portion 18 and 2-3-37:6. Upon the repeal of Ordinance No. 487, the District Classification of the subject area ahsll be Agricultural (A-1 a). Communication No. 681 reports the Hawaii County Planning Commission considered this request to repeal Change of Zone Ordinance 487 and accompanying Bill No. 222 on January 6, 2006 as required by Chapter 4, Section 6-4.3(C), Hawaii County Charter. The Planning Commission voted to send a favorable recommendation to the County Council and concurs with the Planning Director's reasons for a favorable recommendation, as follows: C. Brewer & Company, Ltd. submitted a Change of Zone application for two adjoining properties initially identified as TMK: 2-3-36:18 and 2-3-37:6 and effective on August 1, 1972, the County Council approved the request, adopted Ordinance No. 487 and imposed the following conditions: The area was to be incrementally zoned in six increments. The first three (3) increments would consist of sixty (60), forty (40) and forty (40) lots, respectively. The final three (3) increments would consist of forty (40), thirty (30) and remaining lots, respectively. The effective date of zoning for the next increment was to be after development had occurred on the previous zoning increment. Approximately four (4) acres to be set aside and improved by the developer for active recreational use. Development of the lower portion of the subject area would occur only after the present sugar cane crop was harvested. The owner or lessees of the property to submit a subdivision plan for preliminary approval of the 1st Increment within one (1) yeaz from the date of approval of the change of zone. PC REPORT NO. 61 Communication 681 Bi11222 Page 2 of 3 In addition, the Planning Commission reserved the right to initiate action to rezone the subject property to its former zoning designation, should the conditions not be met. A initial subdivision application was filed by Nippon Shinpan Pacific, Inc. in 1974. Anew Application, filed by Cygnus Investment Corp. in 1980 replaced the 1974 application. In 2000 another subdivision application for TMK: 2-3-37:6 was filed, replacing the 1980 application. The 2000 subdivision application was granted in 2001 allowing the creation of thirteen (13) lots ranging in size from one acre to six acres and final subdivision approval granted. The 2001 subdivision was granted tentative approval in August 2000 based on advice from Corporation Counsel that because the conditions of the RS-7.5 rezoning had not been satisfied, the property shall be treated as if it were zoned A-la. the subdivision did not meet standards for an RS-7.5 Subdivision. To apply the conditions of Ordinance No. 487 to these vazious subdivided properties is difficult, especially due to the incremental zoning conditions, as it is not possible to determine which area would be the first increment, or, if one increment was completed, what the second increment would be. Recently, one of the lot owners (TMK: 2-3-36:18) applied for a change of zone from A-la to Neighborhood Commericia120,000 sq. ft. (CN-20) and this highlighted the need to review the zoning status of the properties, to repeal Ordinance No. 487 and clarify that the RS-7.5 zoning was not in effect. After repeal of Ordinance 487 the parcels will revert back to their previous A-1 a zoning. It is not the long-term intent that the properties remain A-la. Hereafter, should individual landowners apply for rezoning, site-specific issues can be dealt with in the rezoning process. Some lots may be difficult to develop beyond the A-la zoning because of earlier configurations and some of the lots aze affected by the Alenaio floodplain. At the February 28, 2006 Planning Committee meeting, Council Member Fred Holschuh stated he will support this. Council Member Donald Ikeda stated he believes that the Council approved a change of zone request for Matsuno Enterprises recently and wanted to be sure the repeal being requested by the Planning Director does not downzone something that has previously been approved for development. Mr. Ikeda stated the need to ensure that the parcel owned by Matsuno Enterprises referred to in the request for Repeal is not the same parcel that was recently rezoned. Committee Chair K. Angel Pilago moved that this matter be postponed until the next Planning Committee meeting to allow time to investigate concern raised by Council Member Ikeda. Council Member Gary Safarik notes the next Committee meeting is being held in Kona. Suggested this be put off for the next Hilo Planning Committee meeting to afford residents of Hilo to appear and testify, since this involves property located in the Hilo district. PC REPORT NO. 61 Communication 681 Bill 222 Page 3 of 3 Committee Vice Chair Pete Hoffmann didn't recall specifically what case Council Member Ikeda was referring to, however he does not think it has anything to do with this case and believes the Planning Committee should be able to take care of this matter immediately. Vice Chair Hoffmann doesn't feel postponement is necessary. Council Member Bob Jacobson noted he was in favor of the postponement with the thought that the Planning Director would also be present to answer any questions Committee members may have. Council Member Fred Holschuh believes the other Matsuno property was located more mauka in the Komohana area but is not certain, especially since the Committee doesn't have all the information at this time. Council Chair Stacy Higa stated Mr. Matsuno owns various pieces of property within the general area. However, he notes this particular one is held with partner DeLuz and is a very huge lot. Notes the lot rezoned earlier is located further down from the property referred to in this repeal ordinance. Just wanted to state that for clarification purposes and is open toNhatever the Committee wants to do. Following a short recess taken to allow staff to research the matter, Chairman Pilago stated that the Committee needs to undertake further due diligence and the matter was postponed to the April 4, 2006 Planning Committee meeting in Hilo. At the April 4, 2006 Committee on Planning meeting Norman Hayashi gave a brief history of the reasons for the repeal of Ordinance No. 487. He also explained that the recent zone change of a portion of Mr. Matsuno's property to Neighlnrhood Commercial is not affected by this repeal and that all of the properties that were granted an RS 7.5 zoning now reverts back to Ala. Council Member Pete Hoffmann requested that the Planning Department provide an amended map depicting the Matsunoproperty that is not affected by this repeal and asked that an amended map be submitted at the next meeting. Committee Chair Pilago noted sometimes it does work out where the committee is able to backtrack and make corrections and urged support of thePlanning Director's repeal of Ordinance No. 487. There were no statements from the public presented on this matter. PC REPORT NO. 61 ' Communication 681 S • Bill 222 Page 4 of 3 Your Committee on Planning is in accord with the intent and purpose of Bill 222 and recommends it pass first reading. and AYES NOES A&E EX Respectfully submitted ARAKAKI X HIGA x COMMITTEE ON PLANNING HOFFMANN X HOLSCHUH X .X. a:// / / ✓ y IKEDA X ISBELL X K. Angel Pilago,l,hair JACOBSON X PILAGO X A P R 1 c 2006 SAFARIK X ADOPTED: PC REPORT NO. 61