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HomeMy WebLinkAboutREP PC 110 09/19/2006 2004-2006 REPORT OF THE COMMITTEE ON PLANNING DATE: September 19, 2006 Re: Comm. No. 1005Bi11 No. 322 PLACE: Sheraton Keauhou Bay Resort & Spa TIME: 2:30 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 322, reports as follows: Bill No. 322, transmitted via Communication No. 1005 from Mayor Harry Kim, dated August 2, 2006, proposes amendments to conditions of Change of Zone Ordinance No. 90-010 by Samson LLC. Bill No. 322 seeks to amend conditions of Ordinance No. 90-010, which rezoned approximately 45,411 square feet of land from a Multiple Family Residential - 2,000 square feet (RM-2) to a Village Commercial - 7,500 square feet (CV-7.5) district, at Hienaloli 5~' and 6w, North Kona, Hawaii. Communication No. 1005 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 July 21, 2006. The Commission concurred with the Planning Director's reasons for recommending favorable consideration of this request. Communication No. 1005 transmits the following findings and recommendations: 1. The area involved is located along~the north side of Hualalai Road, adjacent to the Aloha Kona Subdivision at Hienaloli 4`~ and 5 ,District of North Kona, Hawaii. 2. Applicant is requesting a time extension to Condition B (Final Plan Approval) and Condition C (Commence Construction) of Change of Zone Ordinance No. 90-010. Applicant purchased the property from the original landowners in Febnaary 2005 and is requesting additional time to comply with the conditions of approval. 3. Ordinance No. 86-49, approved on June 2, 1986, amended the district classification from Multiple-Family Residential (RM-2) to Village Commercial (CV-7.5) to allow construction of a two-story, 15,530-square foot office building and an existing multiple-family structure proposed for conversion into an office building. 4. On June 7, 1989, a request was made to delete Condition B (Plan Approval), Condition C (Construction timetable) and Condition G (administrative time extension) of Ordinance No. 86- 49. 5. On November 7, 1989, the Planning Commission denied a request to delete Conditions B, C and G of Ordinance No. 86-49 and additional conditions were included to accommodate the change of ownership and revised project plans. 6. On February 13, 1990, Ordinance No. 90-010 became effective and amended various conditions in Ordinance No. 86-49. PC Report No. 110 Communication 1005 Bill 322 Page 2 of 3 7. On March 3, 2006 applicant Samson LLC, requests for time extension to comply with Condition B (Plan Approval) and Condition C (commence construction), as the project concept changed to delete the commercial component and instead propose development of 146 multiple-family residential units. 8. All essential utilities and services are available to the site and compliance with all other conditions of Ordinance No. 90-010 is still required. The Planning Director recommended favorably on this request for an Amendment to Change of Zone Ordinance No. 90-010 based on the following: • The non-performance is the result of conditions that could not have been foreseen or were beyond the control of applicant and are not the result of applicant's fault or negligence. Final Plan Approval was secured and construction did commence on the original project, but the project was abandoned by the prior owner. • Granting of the time extension would not be contrary to the General Plan or the Zoning Code. The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designates the azea Medium Density Urban. The property is zoned Village Commercial (CV -7.5) that allows for multiple family residential uses (1,250 square feet of land area per unit) and the CV zoning is consistent with the General Plan designation for the area. • The proposed amendment to Conditions B and C of Ordinance No. 90-010 is not contrary to the original reasons for approving the Change of Zone and, in addition, the Planning Director is recommending revisions to existing conditions in the ordinance to reflect current standard language for conditions of approval and fair share contributions. At the September 19, 2006 Committee on Planning Meeting Vice Chair Pete Hoffmann presided. Mr. J. Curtis Tyler presented testimony expressing concern over the deletion of Condition F that relates to an azchaeological mitigation plan and that the amendment was general in nature with regard to discoveries of historic sites and/or bones during development. Mr. Tyler also noted that the width of right-of--ways was not specifically stated as it was in previous conditions of approval. Committee Chair Pilago stated he will be voting no on this request, as it is a companion amendment to Bill No. 321. Mr. Pilago noted that it's been twenty (20) years since this change of zone was granted with nothing happening except continual transfers or rezoning. Mr. Pilago said this demonstrates a history of non-commitment and, although it provides for condition updates, it does not address current needs. Mr. Pilago said although he was very pleased that the administration and the department sees fit to update current language, he does see a shortcoming that even though the current language is updated, it fails to give a realistic assessment of current needs which must be integrated in any application in order for good developers and applications to result in good projects. Mr. Pilago stated that based on that rationale, he will be voting no to Bill 322. Council Member Jacobson stated this policy of extensions basically rewards perpetrators who have gotten rezonings and then taken the money and ran. PC Report No. 110 Communication 1005 Bi11322 Page 3 of 3 Your Committee on Planning concurs with the Planning Commission and the Planning Director's favorable consideration of the request to amend Change of Zone Ordinance No. 90-010. Your Committee on Planning is in accord with the purpose and intent of Bill No. 322 and recommends it pass first reading. and wvss Ross A&e sx Respectfully submitted, ARAKAHI X HIGA X COMIvIITTEE ON PLANNING HOFFMANN X HOLSCHUH X IICEDA X ISBELL X JACOBSON X K. ANGEL PILAGO, CHAIIt PC REPORT NO. 110 S~A~ X X ADOPTED: ncT t