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HomeMy WebLinkAboutREP PC 101 07/31/2006 2004-2006 REPORT OF THE COMMITTEE ON PLANNING DATE: July 31, 2006 Re: Comm. No. 950/Bill No. 302 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 Bill No. 302, reports as follows: Bill No. 302, transmitted via Communication No. 950 from Mayor Harry Kim, dated June 19, 2006, presents a Change of Zone Request by Jack and Barbara Umphrey at Kawanui 1", Honalo, Hawaii, TMK: 7-9-3:61. Bill No. 302 seeks to amend Section 25-8-6 (Kailua-Honalo Urban Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by changing the District Classification from Single Family Residential - 7,500 squaze feet (RS-7.5) to Village Commercial -7,500 squaze feet (CV-7.5) at Kawanui 1~`, North Kona, Hawaii, containing an azea of 25,580 square feet. Communication No. 950 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 March 9, 2006. The Planning Commission's three to three vote constituted "no action" due to the lack of five affirmative votes required by Hawaii County Charter, Section 13-4(I). Under Section 25-2-42(d)(3) and Planning Commission Rules 11-3(b)(2), the Commission's non-action constitutes an unfavorable recommendation. The Planning Director recommended favorably on this application for change of zone. Communication No. 950 transmits the following findings and recommendations: 1. The subject property, owned by Jack and Barbaza Umphrey is located along the east (manka) side of Mamalahoa Highway and across from Saint Paul Road, approximately 430 feet south of Teshima Restaurant, Kawanui Is`, Honalo, North Kona, Hawaii, TMK: 7-9-3:61, containing an area of 25,580 square feet. Located on the property is a 3-bedroom 2-bath dwelling built in 1997 and another dwelling built in 1940. 2. Applicants are requesting a change of zone from aSingle-Family Residential-7,500 square feet (RS-7.5) district to a Village Commercial 7,500 squaze feet (CV-7.5) district to establish office and commercial facilities. Applicants propose to convert the one of the existing dwellings into offices, demolish the older dwelling built in 1940, and construct two smaller buildings along the eastern edge of the property for mixed-use purposes. No specific use identified at this time. Applicant will install a 27-space parking lot with 2 handicap spaces. 3. Access to the property is proposed to be from Mamalahoa Highway. The Department of Public Works commented the property fronts along Mamalahoa Highway where taming activity will hold up traffic (left turning traffic southbound at PM peak hours). A condition of approval will require that zoning be concurrent with traffic improvements for the area. The Director's favorable recommendation is conditioned upon the fact that rezoning not become effective until the Mamalahoa Bypass Highway is complete and opened from Keauhou to Napoopoo, or until PC REPORT NO. 101 Communication 884 Bill 282 Page 2 of 4 improvements are made to Mamalahoa Highway providing a continuous left turn lane. Both the State Department of Transportation and the Department of Public Works recommend that the driveway access from the subject property be aligned opposite of Saint Paul Road. The Department of Public Works is also concerned with minimum sight distance requirements and recommends applicants improve additional right-of--way along entire frontage of Mamalahoa Highway and add a 10-foot wide future road widening setback easement along the widened Mamalahoa Highway. 4. All utilities and services are or will be made available to the project site and the property is located less than four miles from the nearest police station and approximately two miles from the nearest fire station. 5. The Planning Director's favorable recommendation on this request is based on the Following: • The Change of Zone request would be consistent with the goals, policies and standards of the Economic, Land Use and Commercial Elements of the General Plan. • The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is representative of goals and policies that guide the coordinated growth and development of the County, and designates this area for Medium Density Urban development. The Medium Density designation allows village and neighborhood commercial and single family and multiple family residential and related functions (multiple family residential - up to 35 units per acre) • The Land Use Concept Map of the Kona Regional Plan, adopted by Resolution in 1984, designates the area as Village Commercial and the proposed use will complement the goals of the Kona Regional Plan. • According to the Flood Insurance Rate Map (FIRM), the project azea is within Zone X, an area determined to be outside the 500-year flood and also located outside of any tsunami inundation area. New construction or improvements to the property must comply with, Chapter 10 and Chapter 27 of the Hawaii County Code relating to Erosion and Sediment Control and Flood Hazard Control. • No endangered or threatened species of floral or fauna nor any archaeological sites are anticipated to be found on the property. • A botanical study of the property was conducted on May 17, 2002 by Ron Terry, Ph.D., and Layne Yoshida, M.A. • On January 2Q 2004, the Department of Land and Natural Resources -State Historic Preservation Division (DLNR-SHPD) determined that previous grading has altered the land, and therefore "no historic properties will be affected." Nevertheless, a condition will be included to require notification of the Department of Land and Natural Resources -State Historic Preservation Division should any archaeological sites be encountered. • The Change of Zone request is not contrary to Chapter 205A, Hawal`i Revised Statutes relating to Coastal Zone Management as the subject property is not located within the Special PC REPORT NO. 101 Communication 884 Bi11282 Page 3 of 4 Management Area, being located approximately two miles mauka of the shoreline. There is no record of a designated public access that traverses the property. • Requisite of the Planning Director's favorable recommendation for the Change of Zone request, are twenty-one (21) conditions contained in Bill No. 302 that outline specific requirements for the proposed project. The 21 conditions include the following: 1. Condition E provides that the effective date of the ordinance shall be upon completion and opening of the Mamalahoa Highway Bypass Road to Napoopoo Junction, or the completion of Mamalahoa Highway improvements fronting the subject property including a continuous two-way left-turn lane, whichever occurs first. Until then, the property shall remain in its current RS-7.5 zone. 2. Condition F provides that a Traffic Impact Analysis Report (TIAR) shall be required if the project should differ substantially from converting an existing 1740 square foot home to office use and construction of two (2) buildings (approximately 1100 squaze feet each) for office or retail use. 3. Condition I requires applicant to improve the entire subject property frontage of Mamalahoa Highway with right-of--way widening, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and relocation of utilities at no cost to the County. Additionally, a 10-foot wide future road widening setback easement shall be provided within the subject property along the widened Mamalahoa Highway right-of- way. 4. Condition O requires applicants to make its fair share contribution if applicant develops residential units on the subject property in excess of three (3) units currently allowed under the RS-7.5 zoning. At the July 31, 2006 Planning Committee meeting Mc Joel Gimpel representing the Kona Traffic and Safety Committee testified in opposition to the proposed project as traffic will be further impacted and urged the Planning Director to prohibit left turns at certain points and require applicant to fund around-a- bout. Council Vice Chair Isbell noted the letters and comments in opposition to this application as well as an unfavorable recommendation and wondered what the Director's rationale was for a favorable recommendation, especially since it appeazs very difficult for the applicant to even make the improvements requested in the change of zone. Planning Director Chris Yuen explained the zone change permits conversion of an existing residence and the construction of two buildings for office use. Mr. Yuen stated that if applicants did more than that, then a Traffic Impact Assessment Report (TIAR) would be required. In addition, Mr. Yuen stated that the Ordinance would not take effect, and is contingent upon, completion and opening of the Mamalahoa Bypass to Napoopoo Road or the constmction of continuous two-way left turns fronting the subject property. Council Members noted that going from residential to commercial is a big jump and that regazdless of whether the road is finished, Matnalahoa Highway in that azea is still a nazrow road without much space to widen. Director Yuen noted it would be difficult for the owner to make the road improvements noted in the Ordinance and that the 10-foot future road reserve is still not enough to build alert-turn lane. PC REPORT NO. 101 Communication 884 Bi11282 Page 4 of 4 Director Yuen stated it was his opinion that the current Level of Service ("LOS") for the area is terrible, but because no TZAR is required at this time, an official LOS has not been established. Committee Chair Pilago stated that based on his review of opposition testimony from Mr. and Mrs. George Harai and Ms. Jumalon as well as Planning Commission member's discussion and rationale for a negative recommendation, Mr. Pilago is not supportive of the application for rezoning. Council Member Arakalci stated if the application was granted it would not be a major impact to the area since applicant would have to wait for the Bypass road to be built and opened or complete the continuous two-way left turn. A motion to approve this measure received seven no votes. Pursuant to Council Rules, 5 aye votes are needed to pass a measure. Therefore, your Committee on Planning forwards Bill No. 302 to the Council with a negative recommendation. and AYES NOES A&E EX Respectfully submitted, ARAKAHI X HIGA X COMMITTEE ON PLANNING HOFFMANN X HOLSCHUH X L//r~ IKEDA X y I5BELL X JACOBSON X K. ANGEL PILAG HAIR pILAGO X PC REPORT NO. 101 SAFARIIC X ADOPTED: pIOV