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HomeMy WebLinkAboutREP PC 099 07/18/2006 2004-2006 REPORT OF THE COMMITTEE ON PLANNING DATE: July 18, 2006 Re: Comm. No. 939/Resolution No. 383-06 PLACE: Hilo Council Room TIME: 1:30 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Communication No. 939 and attached Resolution 383-06, reports as follows: Resolution No. 383-06, transmitted by Communication No. 939 from Council Vice Chair Virginia Isbell, dated June 5, 2006, presents a Resolution to initiate interim amendments to the General Plan for lands adjoining Honokohau Harbor at Kealakehe, District of North Kona, County of Hawaii. Resolution No. 383-06 states that under the 1989 General Plan, the Land Use Planning Allocation Guide ("LUPAG") Map, designation of approximately 200 acres of Department of Hawaiian Home Lands and approximately 290 acres of state owned land adjacent to the Honokohau Small Boat Harbor were designated as "Urban Expansion," "Resort" and "Open" areas. Thereafter, February 2005 General Plan and Land Use Planning Allocation Guide (LUPAG) Map were amended and the Resort designation for the DHHL pazcel was deleted and the Urban Expansion and Resort designations were deleted for the State owned parcel. The Resolution further states that the County was aware of DHHL's February 2004 Lease of 200 acres of land to Jacoby Development, Inc. and the pending development agreement between the State and Jacoby Development, Inc. of the state's 290 acres of land at the time the February 2005 General Plan amendments were made. Resolution No. 383-06 directs that, in accordance with Section 16.2 of the County of Hawaii General Plan, the Council initiate interim amendments to the General Plan and directs the Planning Director to conduct a study to determine the feasibility of amending the General Plan as follows: 1. That Section 14.7.5.7.1, Profile, North Kona be amended to include the following: `"fhe State Department of Hawaiian Home Lands and the State Department of Land and Natural Resources own lands adjacent to the Honokohau Small Boat Hazbor. These agencies have entered into agreements for the development of their respective lands, including the future expansion of existing harbor facilities, commercial, light industrial, hotel and other transient accommodations, recreational facilities and open space uses. Certain amenities are essential to encourage and facilitate more intensive commercial and recreational use of the harbor and allow charter boat clientele to secure overnight accommodations in the immediate vicinity." 2. That Section 14.7.5.7.2., Course of Action, North Kona, be amended to include the following: "(d) Support the expansion of the Honokohau Small Boat Hazbor and a mixed use development of adjoining lands with commercial, light industrial, hotel and other transient accommodations, recreational facilities, and open space uses." PC REPORT NO. 99 Communication 939 Resolution No. 383-06 Page 2 of 4 3. Pursuant to and consistent with the map attached hereto as "Exhibit A", the General Plan and Land Use Pattern Allocation Guide map shall be amended to include Open, Resort, and Urban Expansion area designations within the lands situate at and adjacent to the Honokohau Small Boat Harbor that aze owned by the State Department of Hawaiian Home Lands and the State Department of Land and Natural Resources. At the July 18, 2006 Planning committee meeting there were approximately eleven (11) members of the public who presented testimony in opposition to Resolution No. 383-06 and approximately six (6) members of the public who presented testimony in support of Resolution No. 383-06. Public testifiers at the Hilo Council office were: Theresa Nakama (oppose), Kahu Kahai (oppose), David Tamas, representing Jacoby Development (support), Mazk McGuffy, representing the Hawaii Island Economic Development Board (support) and Russel Sugi, DLNR Land Division (support). Public testifiers at the Kona Council office were: Fred Duer (support), Geri Bell representing the National Pazk Service (comment), Jerry Schneyer (oppose), Rick Gaffney (support), Charles Flaherty (oppose), Rick Vidgen (support), Janice Palma Glennie (oppose), Marian Wilkins (oppose), Una Greenaway (oppose), Mikahala Roy (oppose), Kyle Daeta (support), Shannon Rudolph (oppose), Sue Aronson (oppose) and Brenda Ford (oppose). In addition to oral testimony submitted above, Committee Chair Pilago noted that some public testimonies were submitted in writing and/or emailed from the following people: Phillip Moser (opposed), Marie Aguilar (opposed), Marshall Blaan (opposed), Nancy Redfeather (opposed), David Vaughn (support), Mr. Jacoby (support), Mikah Kane, DHHL (support), Peter Young, DLNR (support), Rocky Mountain Institute (support), Billy Fields (support), Sue Vermillian (support), Sara Peck (support) Doug Herkes (support) and Craig Chun (support). Public testimony lasted approximately 1 hour and 40 minutes. Opposition to Resolution 383-06 generally expressed that it was premature and offensive and, as one testifier stated, "presents a lei of false Hawaii around our sewage treatment plant rather than working with people to design development based on best practices." Other sentiments in opposing the Resolution were that the Kona CDP process should be completed first, the EIS process and public input has not even begun, is another example of putting the cart before the horse, and appears to be paving the way for an extremely large scale resort development for the wealthy before an application for the development is even on file with the County. During committee discussions Planning Director Chris Yuen stated the Resolution was premature, however if adopted, will have two effects: 1) is that the feasibility study is performed and 2), the proposed interim charter amendments proceed for Council action. Should a negative recommendation result from the feasibility study, the proposed interim amendments would still come back to the Council to be acted upon. Director Yuen stated his opposition is based on the Fact that putting 2,500 time share units in Kona presents such a huge growth generator at a time when Kona is currently struggling with impacts of growth. The proposed development would have enormous impacts upon infrastrncture and services. Director Yuen stated that Kona is like a pot boiling on the stove and, instead of turning down the heat, we're turning it up. Director Yuen noted there are between 2,500 and 4,500 visitor units in North Kona. This proposal would double existing inventory at a time when there are already 1,000 vacant jobs that cannot be filled and no affordable housing for the much needed workers. He said we need to slow down to accommodate existing rezonings first. PC REPORT NO. 99 Communication 939 Resolution No. 383-06 Page 3 of 4 Council Vice Chair Virginia Isbell stated that the State can do whatever it wants to do. She noted her greatest concern is that DHHL supports Jacoby's proposed development because DHHL wants to build homes for its people and the Z00 acres leased to Jacoby gives DHHL funding to build homes for Hawaiians. This was why she introduced the Resolution so that a feasibility study could be done. Ms. Isbell stated she's caught in between because Jacoby already has State entitlements. Ms. Isbell stated that DHHL's desire for this income generator is a strong plus and believes the feasibility study will give the County more credibility. Planning Director Yuen stated that the State does have the power to exempt itself from county control and that current state law with respect to DLNR lands provide that commercial developments on State land must be consistent with county zoning. With respect to this project, he said the State should get rezoning from the county but that DHHL is a little different. He said the County authority over DHHL lands is outlined in a Memorandum of Agreement between the State and County of Hawaii. in fact, Mr. Yuen noted that on two prior instances, the State did come before the Council requesting rezoning. Mr. Yuen supports the commercial activity and urban expansion in the Honokohau azea, however, he cannot support a Resort designation. Mr. Yuen commented that if a Bill came to the Legislature requesting that the State be exempt from following County zoning, he will testify against it regardless, as development has to be controlled. Council Chair Higa inquired whether the feasibility study would take into account cultural issues and Director Yuen stated the study would not go into detail with regard to cultural issues but would be more in terms of what issues need to be considered in the final master plan for the property. Mr. Higa requested and Mr. Yuen agreed, to provide a scale out comparison between the 1989 General Plan Map of Resort designation in the area and the Resort designation area that is being requested by Jacoby. Council Member Safarik confirmed that the process of interim General Plan amendments call for a Resolution and no application would be needed from the applicant because the Charter states Interim General Plan amendments have to be initiated by either the Planning Director or the Council. Mr. Safarik also noted that Mr. Yuen, having elected not to initiate this particular interim General Plan amendment, results in a Council initiated measure, for which a feasibility study is the proper process. Mr. Safazik also said that based on the Director's stated opposition to the Resolution, it appears the study was already being made. Director Yuen responded he knows where he stands on the project and despite any negative recommendation, he would make some suggestions if the Council reflects an approval. Mr. Yuen said the likely result of a negative recommendation is based upon all of his stated concerns and that further study would not reveal more information that would change his mind. In comparison, Mr. Yuen noted he supported the Hiluhilu project and objects to this one because the Hiluhilu rezoning was a residentially supported development as opposed to a Resort income-generating project being proposed by Jacoby. Committee Chair Pilago noted that admittedly, as testified today, the quality of life has seriously deteriorated in West Hawaii and it is now being exposed to an enormous economic generator that will add approximately 2,000 hotel rooms to a community already unable to supply adequate workforce and adequate affordable housing. Director Yuen stated ideally, you would develop housing nearby and then bring in workers who have families. However, in the current situation of no unemployment and businesses looking for workers, why add this kind ofgrowth-generating development. PC REPORT NO. 99 Communication 939 Resolution No. 383-06 Page 4 of 4 Commmitte Chair Pilago stated he is against this Resolution as there is no Environmental Impact Statement or formal application before the council. He questions why would this Council grease the way for a potential applicant by initiating interim General Plan amendments well before the EIS and public input process starts. Your Committee on Planning is in accord with the purpose and intent of Resolution No. 383-06, and recommends its adoption. and AvES NOES A&E Ex Respectfully submitted, ARAKAHI X HIGA X COMMITTEE ON PLANNING HOFFMANN X ~ HOLSCHUH X II4:DA X ~ , ~ ~ ISBELL X JACOBSON X K. ANGEL PILA ,CHAIR pH,A~ 2{ PC REPORT NO. 99 SAFARIK X ADOPTED: OFFICE INFORMATION ONLY Meeting: August 1, 2006 -Council Mccting (42"d Session) Action: Filed Resolution 383-06. PC Report 99 transmitted Resolution 383-06 for approval. Re: C-939/RESOLUTION 383-06/PG99