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HomeMy WebLinkAboutREP PC 067 05/01/2006 2004-2006 REPORT OF THE COMMITTEE ON PLANNING DATE: May 1, 2006 Re: Comm. No. 766Bi11 No. 251 PLACE: Council Chambers TIME: 10:00 a.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 766, reports as follows: Bill No. 251, transmitted via Communication No. 766 from Mayor Hany Kim, dated March 13, 2006, presents a Change of Zone Request by SCD Kona 108, LLC at Lanihau ls' and Moeauoa ]s' and 2"d, North Kona, Hawaii, TMK: 7-5-3: 7, 8 and 9. Bill No. 251 seeks to amend Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by changing the District Classification from Agricultural (A-Sa) to Residential and Agricultural (RA-la) and Multiple Family Residential (RM-3.5), for approximately 108.2 acres of land. Communication No. 766 reports that the Hawaii County Planning Commission, as required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, considered the above request on February 24, 2006. The Commission concurred with the Planning Director's reasons for a favorable recommendation for approval of this matter. Communication No. 766 transmits the following findings and recommendations: 1. The subject properties are located mauka of Queen Ka`ahumanu Highway, adjacent to and ending mauka of Lowe's, approximately 400 feet north of Malulani Gardens Subdivision, Lanihau ls' and Moeauoa Is' and 2"°, North Kona, Hawaii. 2. The applicant is proposing to develop "The Kona Coffee Estates" consisting of fifty-seven (57) approximately 1-acre agricultural lots, sixteen (16) attached for-sale affordable housing units on approximately five acres, and a Salvation Army complex that includes a church, pre-school, community service store and administration facility on approximately five acres of land. The proposed project does not include the 17.6-acre Mohala Commercial Village (Lowe's Home Improvement Center) located between the project site and Henry Street. The proposed Salvation Army Complex will be located directly mauka of Lowe's and the affordable housing units located directly mauka of the Salvation Army Complex. 3. An extension of Malulani Drive will serve as the single access road to the proposed project. An 80-foot wide road right-of--way shall be provided within the subject property for the planned extension of Hienaloli-Kahului Road and individual lots shall not directly access from the Hienaloli-Kahului Road Extension. The Traffic Impact Analysis Report dated October 1 I, 2004 concludes that the proposed traffic signal at the Queen Ka`ahumanu Highway/Malulani Drive intersection would mitigate existing problem with traffic trying to exit Malulani Drive. The TZAR should but does not, address the operation of the intersection of Hale Kapili Street and Malulani Drive, or the existing Malulani Gardens Subdivision private rand. A Supplemental TZAR dated March 7, 2005 summarizes traffic impacts of having an additional 60 affordable residential units makai of the project site. The July 22, 2005 TIAR summarizes traffic impacts of PC REPORT NO. 67 Communication 766 Bill 251 Page 2 of 5 having an additional 16 affordable residential units and a Salvation Army site that would include a church, pre-school (with up to 125 students) and a 9,000 square foot community service store. 4. County water and utilities are available to the project site. There is no municipal sewer system in the area. Sanitary sewer improvements to include a new private gravity sewer collection system that will connect into the existing 12-inch sewerline located within Malulani Drive. 5. The closest fire station is located in Kealakehe and Kailua-Kona, less than .5 mile north of the project site. Police services are located in Kealakehe and existing parks and recreational facilities in the azea include nine County parks and two State Parks. 6. The Planning Director recommended favorably on this request based on the following: • The Change of Zone request will conform to the goals, policies and standards of the General Plan Land Use elements. The Land Use Pattern Allocation Guide (LUPAG) Map designates the subject area as Urban Expansion which allows for a mix of high density, medium density, low density, industrial, industrial-commercial and/or open designations. • The Land Study Bureau's Detailed Land Classification System identifies soils on the property as "D" or "Poor" for majority of the project site, with "E" or "Very Poor" towards the makai portion of the project site. The property is unclassified by the State of Hawai`i's Agricultural Lands of Importance to the State of Hawaii (ALISH) map. • The Change of Zone request is not contrary to Chapter 205A, Hawaii Revised Statutes relating to Coastal Zone Management as the subject properties aze located approximately 1.5 miles mauka of the shoreline and will not be impacted by coastal hazard and beach erosion. • There are a number of historically significant sites on the properties and as such, applicant will be required to complete a data recovery and preservation plan for the project. There is no evidence that the flora in the area are particularly desired or used for cultural purposes and, according to the landowner, there is no evidence of any gathering taking place on the site. To the extent to which traditional and customary native Hawaiian rights aze exercised, the proposed action will not affect traditioinal Hawaiian rights. • Requisite of the Planning Director's favorable recommendation there are twenty-four (24) conditions contained in Bill No. 251 relating to affordable housing, access and road improvements for the proposed project, solid waste and fair share contributions outlining specific requirements for the proposed project. With respect to water, Condition B provides that the required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy". At the May 1, 2006 Committee on Planning meeting there were six (6) testifiers in Kona, five testifying in opposition to Bill No. 251 and one person providing comments. The Kona testifiers were Linda Cavis, Joel Gimpel (representing the Kona Traffic Safety Committee), Sammie Stanbro, Adele DeCuyper (comments to Bill No. 251), Brenda Ford and Lorraine Peters. Ms. Peters signed up to testify at 10:00 a.m. but was not available at the rescheduled afrernoon meeting. Ms. Peters opposed Bill No. 251. Three representatives of the Salvation Army presented testimony in support of the proposed project at the Hilo Councilroom. Testifiers included a representative of the Salvation Army Advisory Board, Major Glenn PC REPORT NO. 67 Communication 766 Bill 251 Page 3 of 5 Daws, County Coordinator for the Salvation Army and Mathew Kilgore, architect for the proposed Salvation Army facility. Planning Director Chris Yuen noted a typographical error in Condition S (page 11 of Bill No. 251) and requested that the stated amount of $96,168.75.00 be corrected to read $96,168.75 and that Bill 251, Drafr 2 reflect the change. Stanford Carr of SCD Kona 108, LLC gave a presentation of the proposed Kona Coffee Estates project. Also present with Mr. Carr was partner Richard Wheelock, Marisa Fufaro, representative of PBR and Warren Yamamoto of M&E Pacific (available to answer traffic-related questions.) Mr. Carr said that since 1987 the 108-acre parcel was designated Urban under the State Land Use Designation and was included in the long-range urban expansion plan for Kona. Mr. Carr stated he recognizes concerns expressed in public testimony and has reached out into the community, particularly with residents of Malulani Gardens. Mc Carr plans to build fifty-seven (57) one-acre plus lots to be used for agricultural purpose and as primary residences. In addition, he is requesting a rezone of an approximately 10-acre parcel, of which five acres will be set aside for a Salvation Army Center and the remaining five acres upon which he will build 16 affordable rental or "for sale" units in the range of 80% to 120% of median income. [n response to Council Member Fred Holschuh's inquiry regarding details of SCD's involvement and arrangement with the Salvation Army, Mr. Wheelock stated that the Salvation Army became involved with a previous developer from Minneapolis in 2002. The Salvation Army requested that a site for their facility be donated to them however, the developer at that time was unable to do so. Instead, a sale price of $1.1 million was negotiated, but nothing materialized. Mr. Carr was subsequently convinced to get involved with this particulaz Kona project and decided to honor the prior agreement between the Salvation Army and the previous developer. Council Vice Chair Virginia Isbell expressed concerns regarding proposed construction activities, referring to an incident whereby flying debris and rocks damaged a home in Malulani Gazdens during the construction of Lowes. Mr. Carr confirmed that the agreement between the prior developer (Mr. Whitney), and the Salvation Army was a verbal agreement, however, SCD does have a written agreement with the Salvation Army. Ms. Isbell stated there's no doubt the Salvation Army really needs and can use a new facility, but having such a facility shouldn't be contingent upon approval of SCD's application. She concluded it seemed as though the Salvation Army was being used as a tool in this application. Council Member Don Ikeda expressed concerns about the single access road into the project, Malulani Gardens being a gated community and the fact that applicant's road is not a thrn street. Mr. Carr stated his project will not be gated and could be driven through, but that the short distance between Queen Ka`ahumanu Highway and Malulani Gazdens entry may present some impediments to the flow of traffic. He noted Malulani Gardens concerns with the use of the road by construction and delivery vehicles as well as tractors. Mr. Carr stated their engineers have thought about emergency egress mauka of the SCD community and are in discussions with adjacent landowners. He said the single access road would come up on the Malulani Gazden Road to Lowes, continue across and hook into Henry Street. The lower portion of the SCD property has two accesses but the 1-acre agricultural section currently has only one access. Mr. Carr said SCD plans to work with the department and other landowners to eventually provide another access. Mr. Wheelock stated water is available up to 350-fr elevation and SCD plans to pump water to a tank on the upper portion of the property to provide water for their project via a private water system. Since the PC REPORT N0.67 Communication 766 Bi1125 ] Page 4 of 5 County is unable to provide pressure at the upper elevation level, the best method is to bring a water line from Palani Road across Queen Liliuokalani Trust land and the Rapoza property. Once water gets to their property, SCD would construct underground dedicable standard infrastructure and provide water to Malulani Gardens at no extra cost. Another alternative is to bring water from Mamalahoa Highway down to SCD property and provide neighboring property owners limited access for security and safety purposes in return for its waterline over their property. Mr. Wheelock stated that this is the method and route preferred by the Water Department and the proposal will be presented to the Rapozas. He said Linda Cavis and Sammie Stanbro are concerned about this access becoming a thoroughfare but that three other landowners wanted the limited access SCD is offering. Mr. Wheelock said the County is pushing for the Hienaloli/Kahhului extension and SCD has agreed to provide an 80-ft portion of that roadway within SCD's property until the County is able to get other owners to participate in that road extension. He said SCD will also build a 650-foot graded right-of--way for amid-level road and when it is hooked up to Malulani Gardens the mid level access will be in place, but the lower portion of Malulani Gardens will still be gated. Mr. Wheelock said it would be up to the Planning Department and Malulani Gardens to resolve whether or not the mid-level road would also be gated. Council Member Safazik expressed concerns regazding subdivisions at the end of a cul-de-sac and was not clear regarding the eventual lateral North/5outh connectors and how the people in the 57 lots would exit this single-access road in unforeseeable situations. Mr. Wheelock stated the existing mauka/makai roads are typically 12-feet wide and not intended for normal traffic except farm vehicles and even caz access. He stated the 12-foot road could be used for emergency purposes but the technical question of how emergency personnel would know to use that 12-foot access in an emergency situation has not been addressed by SCD. In response to Council Member Jacobson's question, applicant stated that SCD needs to obtain the entitlements in order to afford the offer made to the Salvation Army and proceed with the proposed development. With respect to Mr. Jacobson's concerns regarding roads within the project not being county dedicable standards, Mr. Wheelock stated that portions of the roads will be county dedicable such as the road from the Malulani Drive extension up to the terminus past the Salvation Army site and to the affordable units. Director Chris Yuen stated there is a drainageway on the south side of applicant's properly but doesn't affect much of SCD's property. Mr. Yuen said the Hienaloli/Kahului N/S road is a fragment of a crossroad located at the top of Nani Kailua Drive and would require a feasibility study. Mr. Yuen said this is a difficult piece of road to build because it would have to cross major drainageways. As to the status of future development Mr. Yuen said it's unlikely that developers are going to build out this road and as a government project, is probably not be at the top of the priority list of roads to be built in Kona. Director Yuen sated it would be quite some time before this road gets done and that afive-year predicted start date would be a surprise, considering what's already in the pipeline that has priority. Council Member Pete Hoffmann stated there appears no hope for another access road anytime in foreseeable future or other permanent access out of this property and that the 12-foot dirt road is inadequate for emergency purposes. Mr. Hoffmann also noted that the Department recommended approval of a cul-de-sac subdivision with no hope in the near future of getting amid-level or upper road being planned or done. In response, Director Yuen stated that SCD has to build on their properly approximately 1,000 feet of an 8,000-foot future road. Director Yuen stated in addressing the Police Department's concerns regarding access, his decision was based upon what he considered reasonable in a PC REPORT NO. 67 Communication 766 Bill 251 Page 5 of 5 single access subdivision. Mr. Hoffmann stated that knowing the application is supposed to be Urban expansion and moving forward with a road not built to county dedicable standards, he felt that maybe this development shouldn't be constructed in the manner in which the it's being looked at. As to the affordable housing units, Mr. Hoffmann would like to make certain that Mr. Carr's representation of keeping the units affordable for no less than twenty years, happens. Council Vice Chair Virginia Isbell stated that with respect to the lower portion of applicant's property, the applicant needs to go back to the drawing board and think about a lateral road through Queen Liliuokalani Trust property. She said it would certainly help to have a lateral road going north towards Kohala. Committee Chair Pilago noted for afifty-seven 1-acre agriculture development that applicant notes lacked water, how would this application be eligible for an agricultural zoning use. Mr. Pilago stated the Hawaii County General plan clearly states that proper zoning for this parcel is urban or rural and, if given that criteria, the applicant would have had to build proper roads, provide adequate water and infrastructure. Mr. Pilago asked the applicant if they were doing agriculture to get by with not building roads, providing adequate water and infrastructure. Mr. Pilago also noted that the TIAR did not address comments raised by the Department of Public Works. Committee Chair Pilago stated that landowners and neighbors are cutting deals alongside each other (a road for water, etc.) and that this is happening and deals are being struck outside of the Department how these things will be provided. In response, Director Yuen stated he doesn't have a problem with it because it doesn't detract from what they are going to do. Chairman Pilago stated he preferred to see a binding agreement between the Salvation Army and SCD. Your Committee concurs with the Planning Commission and the Planning Director's favorable recommendation for approval of the Change of Zone request. Your Committee on Planning is in accord with the purpose and intent of Bill No. 251, as amended to Draft 2, and recommends it pass first reading. and avES noes a&e ex Respectfully submitted, ARAKAKI x HIGH x COMMITTEE ON P ANNING HOFFMANN x HOLSCHUH x . 1 r IKEDA x ISBELL x K. ANGEL PILA ~ ,CHAIR JACOBSON x PILAGO x PC REPORT NO. 67 SAFARIK x ADOPTED: NOV ~ 5NOV 1 2OO~f_