HomeMy WebLinkAboutREP PC 038 07/09/2007 2006-2008 REPORT OF THE
COMMTTTEE ON PLANNING
DATE: July 9, 2007 Re: Comm. No. 457Bi11 No. 111
PLACE: Sheraton Keauhou Bay Resort and Spa
78-128 Ehukai Street
Kailua-Kona, Hawaii
TIlVIE: 3:15 p.m.
Council Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Bill No. 111, reports as follows:
Bill No. 111, transmitted via Communication No. 457 from Mayor Harry Kim, dated May 21,
2007, presents a Change of Zone Request by GIJI' MILLER at Ponahawai, South Hilo,
Hawaii, TMK: 2-3-037:017.
Bill No. 111 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 Agricultural 1-Acre (A-la) to Multiple Family Residential - 4,000 Square
Feet (RM-4), for 1.298 acres of land at Ponahawai, South Hilo, Hawaii.
Communication No. 457 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 May 4, 2007.
The Commission concurred with the Planning Director's reasons for recommending favorable
consideration of the change of zone. Communication No. 457 transmits the following findings
and recommendations:
1. The subject property is located on the south side of Ponahawai Street approximately 400
feet east of the Komohana Street/Ponahawai Street intersection, Ponahawai, South Hilo,
Hawai `i.
2. Applicant is requesting a change of zone to develop two apartment buildings, each
containing four dwelling units, including two 2-bedroom and two 3-bedroom apartments
for a total of eight dwelling units. Each unit will have one under-roof parking stall and
one stall in the outside parking area. The projected completion date is December 2008.
3. Access is from Ponohawai Street via a 60-foot County right-of--way and the Department
of Public Works states that access to the subject parcel is limited through Road & Utility
Easement "RU-5". A condition will be included requiring applicant to share the access
point with the adjoining parcel mauka ofthe property (TMK: 2-3-37:18).
PC Report No. 38
Communication 457
Bill 111
Page Z of 5
4. According to the Department of Water Supply water is available from an existing 6-inch
or 8-inch waterline within Ponahawai Street fronting the property. There is currently a f-
inch service lateral installed capable of accommodating one 5/8-inch meter, or one unit of
water, which is limited to a maximum of 600 gallons per day which is suitable for only
one single-family dwelling. Therefore, applicant is required to submit water usage
calculations.
5. All essential utilities and services are available to the site.
6. According to the Department of Public Works, the southern half of the project area is
located in Zone "A", a Special Flood Hazard Area inundated by the 100-year flood where
no base flood elevations are determined. No structures will be allowed in the Flood Zone
"A" area.
7. The Planning Director recommended favorably on this request based on the following:
• The Change of Zone request conforms to applicable goals, policies and standards of
Land Use and Economic Elements of the General Plan and to the goals, policies and
standards of the Land Use -Multiple Residential element of the General Plan which
states "appropriately zoned lands shalt be allocated as the need for multiple
residential development increases."
• The request is not wntrary to Chapter 205A, Hawaii Revised Statutes, relating to
Coastal Zone Management as the project site is not proximate to the shoreline and
will not be impacted by coastal hazard and beach erosion.
• There is no record of a designated public access that traverses the property. No
valued cultural, historical or natural resources exist on the property and there is no
evidence of any traditional and customary native Hawaiian rights being practiced on
the site. There are no valued cultural, historical and natural resources found in the
rezoning area and the property was previously used for sugar cane.
• The Land Use Pattern Allocation Guide (LUPAG) Map designates the project area as
Medium Density Urban and such designation may allow neighborhood commercial,
residential and related uses.
• Surrounding lands are in a mix of mostly commercial and agricultural uses. Adjacent
lands are vacant and zoned A-la.
• The southern half of the project area is located in Zone "A," a Special Flood Hazard
Area inundated by the 100-year flood where no base elevations were determined. A
condition will be included prohibiting construction of any new structures within the
designated flood zone.
PC Report No. 38
Communication 457
Sill lll
Page 3 of 5
• The project site has been previously grubbed and thus the presence of any known
rare, threatened, or endangered species or endangered floral and fauna species is
unlikely and the existence of archaeological sites are likewise remote.
• Requisite of the Planning Director's favorable recommendation for the Change of
Zone request, are eighteen (18) conditions contained in Bill No. 111 which outline
specific requirements for the proposed project. Among these eighteen conditions is a
condition providing that no structural improvements shall be allowed in the
designated drainage easement ("D-2") and in the Flood Zone "A" area (Condition E)
and a condition requiring that applicant provide full improvements to the project
frontage along Ponahawai Street of curbs, gutter and sidewalk, drainage
improvements and required utility relocation (Condition F). There is also a
condition that prohibits direct access to the property from Ponahawai Street and that
access is limited through Road and Utility Easement (RU-5) (Condition G}.
At the June 19, 2007 Committee on Planning meeting there were no public statements received
regarding this matter.
The applicant was present and stated he had no further updates at this time other than what was
stated at the last meeting and is in agreement with the required requests.
Council Chair Hoffmann stated Mr. Miller's application was directly related to the pending
Flood Plain Management Bill, calling attention to the fact that a significant portion Mr. Miller's
lot is located within a major drainage way. Mr. Hoffmann noted although Mr. Miller stated the
proposed project will stay above the flood plain level, clearly building 2 is shown to be within
the floodplain area Mr. Hoffmann noted that this application is the exact example that the Flood
Plain Management Bill (Bi1151), at least in part, attempts to address and asked that Mr. Miller
secure the opinion of a professional engineer to determine what impacts a flood will have upon
his property.
Mr. Miller noted that at the time of initial subdivision no update to the flood study in the flood
plain area existed and he was not aware of the easement. Since the last meeting applicant has
revised his plan, moving the buildings approximately 60 to 70 feet out of the flood area. Mr.
Miller stated he has a professional engineer and has proposed revisions which he hasn't had a
chance to submit, reducing the size of the layout of the project to comply with FIRM maps.
Ms. Ford expressed concerns regarding flooding issues and supported Mr. Hoffinan's request for
a new map nr diagram and said she did not want this matter moving forward to Council without
first having this new information.
Council Member Jacobson expressed concern about potential flooding impacts to applicant's
property from the University Terrace project mauka of Komohana and waters that would be
generated from that project. Mr. Miller stated one of his neighbors testified that significant
PC Repot
Communication 457
Bill 111
Page 4 oC 5
improvements have been made upstream but that drainage has been very minimal as compared to
what it used to be because of upstream channel diversion improvements,
Council Member Ford noted that the flood plain far the 100-year storm event is comprised of
two parts, the floodway (deepest part of the channel) and the flood fringe and that on applicant's
diagram she wants to see location and placement of proposed buildings and ingress/egress to the
property. Applicant co~rmed he had no intentions or plans to do anything with the back part of
his property.
Committee Chair Pilago stated that earlier he invited Mr. Miller and Mr. Ross to meet with
Planning Committee staff but is now requesting that applicant and Mr. Ross work with Council
Member Ford and that amendment to the site plan be submitted to Ms. Ford.
A motion to postpone this matter to the July 9, 2007 Planning Committee meeting was
unanimously approved.
At the July 9, 2007 Planning Committee meeting, Communication No. 457.1, transmitted by
David M. Ross, Jr. of Ross Engineering, Inc., dated June 27, 2007, noted the following revisions:
(1}buildings will be 2-story; Phase I & IT will each have one 4-plex; (2} revised parking layout;
{3) shows location of 100-year flood line; and (4) revised floor plan and elevations.
Also, Communication No. 475.2, transmitted by Council Member Brenda Ford, dated June 22,
2007, proposed amendment to Bitl 11I adding a new condition "IP' under Section 2, which sets
forth new required minimum number of off-street parking spaces. The new condition "H" reads
as follows;
"H Notwithstandine Section 25 4 SI(al(5), the nroiect shall provide a minimum of
- -paces for each dwelline unit plus one Ktte~r nark;nv space for each two dwelhne
units or the requirements of Section 2S 4 51 whichever is erecter The mmtmum off-street
narkine spaces for this vroiect shill initia(Iv be 20 spaces."
Your Committee concurs with the Planning Commission and the Planning Director's favorable
recommendation for approval of the Change of Zone request.
PC R
Communication 457
Bill 111
Page 5 of 5
Your Committee on Planning is in accord with the purpose and intent of Bill No. 111, as
amended to Draft 2, and recommends it pass first reading.
and
AYrs xoES n&E ex Respectfully subnnitted,
FORD X
HIGA X COhIlVIITTEE GN CANNING
xoFFMAxN x ~r~
JACOBSON X
NAEOLE X K. ANGEL PICA , CHAIlt
PII..4G0 x
PC REPORT NO. 38
Yosxn+toTO x ADOPrEn: 1111 5 2007