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