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HomeMy WebLinkAboutREP PC 122 10/30/2006 2004-2006 REPORT OF THE COMMITTEE ON PLANNING DATE: October 30, 2006 Re: Comm. No. 1097Bi11 No. 342 PLACE: Council Chambers (new location) Ben Franklin Building 333 Kilauea Avenue, 2°d Floor Hilo, Hawaii TIME: 2:00 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 342, reports as follows: Bill No. 342, transmitted via Communication No. 1097 from Mayor Harry Kim, dated September 21, 2006, presents a Change of Zone Request by Allan Takase, M.D., at Waiakea Houselots, 2"d Series, Waiakea, South Hilo, Hawaii, TMK: 2-2-26:24. Bill No. 342 seeks to amend Section 25-8-33 (City of Hilo 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 - 10,000 square feet (RS-10) to Multiple Family Residential - 1,000 square feet (RM-1) at Waiakea, South Hilo, Hawaii. Communication No. 1097 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 September 7, 2006. The Commission concurred with the Planning Director's reasons for a favorable recommendation for approval of the change of zone. Communication No. 1097 transmits the following findings and recommendations: 1. The subject property is located on the west side of Kinoole Street, approximately 180 feet south (Puna side) of the Kinoole Street - Olona Street intersection, Waiakea House Lots, 2nd Series, Waiakea, South Hilo, Hawaii. The property was formerly used as a dwelling site however the structure has been removed, the property cleazed of all vegetation and is vacant. Lands in the immediate vicinity are zoned RS-10 with mostly residential uses. Single-family dwellings are to the north and south of the property and lands to the northwest and west are zoned RM-1 and includes the Hilo Meishoin Church, the 36-unit Tohbi Hale (UH Student Housing) with an abandoned railroad right-of--way adjacent to the property to the west. 2. Applicant is requesting a Change of Zone from Single-Family Residential 10,000 square feet (RS-10) to Multiple-Family Residential 1,000 square feet (RM-1) for 21,780 squaze feet of land. 3. Applicant intends to construct a 20-unit student housing apartment project that includes an approximately 12,000 square foot two-story building (less than 30-feet in height) with two and three-bedroom units ranging in size from 640 to 800 squaze feet, a separate laundry area and 25 parking stalls (one handicapped accessible and 8 compact). 4. The landowner is DJAT, LLC and the cost of the project is approximately $1.2 million. PC Report No. 122 Communication 1097 Bi11342 Page 2 of 4 5. Access to the project site is proposed from Kinoole Street, a County roadway with aright-of--way width of approximately 50 feet with a 24-foot wide pavement. The City of Hilo Zone Map designates a 5-foot wide road widening setback along the property's Kinoole Street frontage to a future 60-foot right-of--way. 6. County water is available to the site and the project will connect to the sewerline fronting the property, with solid waste being handled by commercial haulers. 7. Electric and telephone services are available to the site with three (3) County fire stations and emergency medical services available to the property. The Hilo Medical Center is located approximately three miles from the site. 8. 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 Economic and Land Use elements, and provide the primary basis for direct control and guidance of publicly and privately owned resources. • The Land Use Pattern Allocation Guide (LUPAG) Map designates the project area as High Density Urban, which designation includes general commercial, multiple family residential (up to 87 units per acre) and related services. The RM zoning provides for medium and high density residential uses and the requested RM zoning would be consistent with the LUPAG designation. The State Land Use designation for the subject property is Urban and is unclassified by the Land Study Bureau's Productivity Rating. • The subject property is located within Zone "X", an area determined to be outside the 500- year flood plain. As the property was previously developed with a dwelling, no professional surveys were conducted of the site. The single-family structure has been removed and the site cleared of all vegetation. • The Change of Zone request is not contrary to Chapter 205A, Hawaii Revised Statutes relating to Coastal Zone Management as the subject properties are located more than one mile from the shoreline and will not be impacted by coastal hazard and beach erosion. • There is no record of a designated public access to the shoreline or mountain azeas that traverses the property. As the property was previously developed with a dwelling, no cultural, historical or natural resources exist on the property and there is no evidence of traditional and customary native Hawaiian rights being practiced on the site. However, applicant has stated that should any archaeological features or sites be discovered during development, work will immediately cease and applicant will notify the Planning DeparUnent. • Requisite of the Planning Director's favorable recommendation for the Change of Zone request, aze sixteen (16) conditions contained in Bill No. 342 that outline specific requirements for the proposed project. In addition to provisions for fair share contributions, Condition "E" states that for a period of twenty (20) years, project uses shall be limited to rental student housing, to the extent permitted under affordable housing and other applicable laws. PC Report No. 122 Communication 1097 Bi11342 Page 3 of 4 At the October 30, 2006 Planning Committee meeting, no public testimony was presented on this matter. Applicant's representative Sidney Fuke gave a brief presentation of the project, noting that applicant already provides much needed student housing and rental housing and that given the proximity of the project site to the University, the applicant wanted to construct a project geared towards students. Council Member Dr. Holschuh noted concern that Condition E imposed a 20-year limit of use for student rentals and the limits disturbed him as it seemed to be an unreal expectation of the landowner, especially should the University later provide dormitories on-site for its students. Mr. Fuke stated Dr. Takase's intention was that the project be a rental housing project as opposed to a fee simple condominium, however, he stated that limiting rentals to students may be somewhat problematic in the long term. Mr. Fuke said although it was applicant's initial goal to rent to students, if student rental population declines, it would limit applicant's ability to rent units to the general mazket. Therefore, Mr. Fuke stated that applicant wishes to delete the term "student" and make clear that this project is a rental housing project. Planning Director noted that Condition E was a condition imposed by the Planning Commission and not the Department and that he had no problem with Dr. Holschuh's suggestion of deleting "student." Additionally, Mr. Yuen suggested that the remaining language of Condition E, referring to "affordable housing and applicable laws" would not apply and should be deleted as well. A motion to amend Condition E of Bill 342 was made by Dr. Holschuh and seconded, to delete the word "student" and the remainder of the paragraph that refers to affordable housing and applicable laws. Amendments to Condition E, as noted above were approved. Council member Jacobson noted that condition G provides for curbs, gutters and sidewalks to be constructed within five (5) yeazs of issuance of a Certificate of Occupancy and questioned why this language was different from the standard provision that these improvements be completed prior to issuance of a Certificate of Occupancy. Director Yuen confirmed that the standard language is "prior to issuance of a Certificate of Occupancy" and had no explanation why Condition G refers to five years. Mr. Jacobson moved to amend Condition G to delete the words "within five yeazs of and replace it with "prior to" issuance of a Certificate of Occupancy. Amendment to Condition G as noted above was approved. Your Committee concurs with the Planning Commission and the Planning Director's favorable recommendation for approval of the Change of Zone request. Communication 1097 Bill 342 Page 4 of 4 Your Committee on Planning is in accord with the purpose and intent of Bill No. 342, as amended to Draft 2, and recommends it pass first reading. and AYES NOES A&E EX Respectfully submitted, ARAKAIQ X HIGA X COMlvIITTEE ON PLANNING HOFFMANN X ' HOLSCHUH X HCEDA X ISBELL X ~ JACOBSON X K. ANGEL PILAGO, HAIR p~~ X PC REPORT NO. 122 SAFARIIC X ADOPTED: +~uV ~ 5 2~OE