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HomeMy WebLinkAboutREP PC 108 08/21/2006 2004-2006 REPORT OF THE COMMITTEE ON PLANNING DATE: August 21, 2006 Re: Comm. No. 935Bi11 Na. 299 PLACE: Council Chambers TIME: 2:00 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Communication 935, Bill No. 299, transmitted by Mayor Harry Kim, dated May 30, 2006, regarding an Amendment to Condition H of Change of Zone Ordinance No. 04-106, by Seascape Development, LLC, TMK: 7-3-10: portion 3. Bill No. 299 is an Ordinance amending Ordinance No. 04-106, that reclassified property owned by applicant from an Agricultural 5-acre (A-Sa) to a Multiple Family Residential - 4,000 squaze feet (RM-4) district, at Ooma ls`, North Kona, Hawaii, TMK: 7-3-010:051 (formerly 7-3-010: Portion of 3). Communication No. 935 reports that the 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. 299 on May 5, 2006. The Commission concurred with the Planning Director's reasons for recommending favorable consideration of the request which can be summarized as follows: 1. The State Land Use Boundary was amended from Agricultural to Urban for the subject property under Ordinance No. 04-105 and the property was rezoned from Agricultural 5-acre (A-Sa) to Multiple-Family Residentia14,000 square feet (RM-4) under Ordinance 04-106 to allow development of a 100-unit affordable housing project. 2. Condition H of Change of Zone Ordinance No. 04-106 states the applicant shall construct the extension of Kakahiaka Street through the subject property (TMK: 7-3-10:3) as a 50-foot wide street to dedicable standards with concrete curb, gutter and sidewalk improvements along one side of the road. Condition H also provides that applicant shall construct all improvements prior to the issuance of a Certificate of Occupancy and dedicate them to the County upon request. 3. Applicant's request is to amend Condition H of Change of Zone Ordinance No. 04-106 and limit improvement of the extension of Kakahiaka Street to the northern portion of Seascape property (TMK: 7-3-10:51) instead of improving Kakahiaka Street through the subject property to the southern boundary which connects to State land to the south (TMK: 7-3-9-5). The amendment would also defer the remainder of the extension until the State develops its property or until other road extensions from the south make it possible to connect to Kakahiaka Street. 4. The Planning Director's favorable recommendation of this amendment request is based on the fact that land to the south of applicant's property is vacant State land that has no firm plans for development at this time. Additionally, amendment approval would be contingent upon applicant placing a lien against at least one of its Tots to insure future improvement of the remainder of Kakahiaka Street. PC REPORT NO. 108 Communication 935 Bi11299 Page 2 of 3 5. The Departrnent of Public Works submitted comments to the Planning Director's request suggesting alternate wording for Condition H, which has been taken into consideration in drafting the recommended changes. 6. The Police Depaztment recommends the developer be required to comply with the original Condition H and complete the required section of the roadway. The Police Department also recommends that applicant install temporary barricades to prevent vehicles from going beyond applicant's project until the roadway is completed. 7. The current zoning of Multiple-Family Residential 4,000 square feet (RM-4) is consistent with the existing General Plan designation for this area (Urban expansion) and all essential utilities and services are available to the site. 8. Compliance with all other conditions of Ordinance No. 04-106 is still required. At the July 6, 2006 meeting of the Planning Committee public testimony was presented by Iwalani Arakaki at the Kona Council office. Ms. Arakaki stated that her family has an interest in the subject property and was concerned to learn of this application as her family's interest was made known to the Burial Council over a year ago. Since then, her family has been looking into the matter but she doesn't know what else to do except get an attorney to represent her family. Ms. Arakaki also said she was concerned about boundary issues and family burials on the property. Committee Chair Pilago directed Ms. Arakaki to contact her attorney and to also make arrangements to meet and discuss these matters with the developer and stated that applicant's consultant, Sidney Fuke, spoke to him to discuss allowing time for the concerned parties to discuss these issues and also to allow Planning Director Yuen an opportunity to provide comments regarding the Department's position. Mr. Fuke provided a brief explanation of applicant's affordable housing project and noted that building permits have already been obtained and construction is expected to begin soon. Mr. Fuke stated that after discussions with Director Yuen, they concluded that the road extension required under Condition H would be conducive to illegal activity and the applicant did not want their project exposed to these kinds of activities. Mr. Fuke explained that applicant is not trying to get out of its obligation to construct the road, butjust to defer construction and, in exchange, will place a lien upon one of its lots to guazantee construction of the road extension at a future date. Responding to comments regarding the Police Department's opposition to the proposal, Mr. Fuke stated he suspects opposition noted by the Police Department could be due to the department's level of frustration and the issue of no connectivity of roadways in Kona. In response to Council Member Dr. Holschuh's concerns regarding issues raised by Ms. Arakaki, Mr. Fuke stated it is their obligation to investigate those issues and provide all the necessary information to the Council. This matter was postponed to the August 22, 2006 Planning Committee meeting. The Planning Committee meeting originally scheduled to be held on August 22, 2006 was rescheduled to August 21, 2006 at 1:00 p.m. At this meeting, no public testimony was received. Planning Consultant Sidney Fuke gave a brief update regarding the results of his communications with Mrs. Iwalani Arakaki and the issues raised at the last Planning Committee mecting. Mr. Fuke stated he PC REPORT NO. 108 Communication 935 Bi11299 Page 3 of 3 provided Ms. Arakaki with title and ownership information for the property as well as information regarding archaeological surveys and reports regarding burials. Mr. Fuke that the property to which Ms. Arakaki is making a claim of interest is not within applicant's property but instead is located in an area closer to the Mamalahoa Highway. Committee Chair Pilago stated that if the subdivision approval was conditioned upon completion of this road, then the road should be constructed as agreed and not deferred to a later date. Council Member Jacobson said deferring responsibility is not a good thing and that it often times result in people getting off the hook entirely. Mr. Jacobson concluded that since construction of the road was a result of the original negotiations for approval, the original intent of the legislation should be carried out. Council Member Doc Holschuh stated the bond guarantees that the road will be completed and noted that as other portions of applicant's development commence, the road can easily be done at that time. Planning Director Yuen stated he agrees with this arrangement and that the lien against the lot should provide enough security to get the road done at a later date. Your Committee on Planning concurs with the Planning Director's favorable recommendation for approval of applicant's request to amend Condition H of Change of Zone Ordinance No. 04-106. Your Committee on Planning is in accord with the purpose and intent of Bill No. 299 and recommends it pass first reading. and AYES NOES A&E EX Respectfully submitted, ARAKAHI X HIGA X COMMITTEE ON PLANNING HOFFMANN X `i y~ HOLSCHUH X l IICEDA ISBELL X aACOBSON X K. ANGEL PI GO, CHAIR PII,AGO X sAPARIIC X PC REPORT NO. 108 ADOPTED: SEP O ~ ~OO~