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HomeMy WebLinkAboutREP PC 043 08/14/2007 2006-2008 REPORT OF THE COMMITTEE ON PLANNING DATE: August 14, 2007 Re: Comm. No. 565/Bill No. 139 PLACE: Sheraton Keauhou Bay Resort and Spa 78-128 Ehukai Street Kailua-Kona, Hawaii TIME: 1:30 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 139, reports as follows: Bill No. 139, transmitted via Communication No. 565 from Mayor Harry Kim, dated July 23, 2007, presents a Change of Zone Request by MALULANI, INC. at Waiakea, South Hilo, Hawaii, TMK: 2-3-37:15. Bill No. 139 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 - 1,500 Square Feet (RM-1.5) at Waiakea, District of South Hilo, Hawaii. Communication No. 139 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 6, 2007. The Commission concurred with the Planning Director's reasons for recommending a favorable consideration of this matter. Communication No. 565 transmits the following findings and recommendations: 1. The subject property is located on the south side of Ponahawai Street, near the Komohana Street/Ponahawai Street intersection. The property was formerly planted in sugar cane but is presently overgrown. The property is also encumbered with two drainage easements ("D-7" and "D-6") along the southern portion of the property. 2. Applicant is requesting a Change of Zone from A-1 a to RM-1.5 for a parcel of land consisting of approximately 1.278 acres. 3. Applicant intends to develop a 24-unit condominium project consisting of three 2-story buildings with four units on each floor, with approximately 41 paved parking stalls. The proposed RM zoning provides for a height limit of 120 feet, minimum building site area of 7,500 square feet, front and rear setback of 20 feet, side yards of eight feet for one- story building (plus additional two feet for each additional story), and a maximum density of 1,500 square feet of land area per dwelling unit or separate rentable unit. PC Report No. 43 Communication 565 Bill 139 Page 2 of 5 4. The cost of the project is estimated to be $3.5 million. 5. Access will be from Ponahawai Street, a County roadway with aright-of--way width of 60 feet with a 24-foot wide pavement and 4-foot wide grassed shoulders. The Department of Public works limits access to the subject parcel through the Road and Utility Easement "RU-3" which is located along the property's western border. There is also a No Vehicular Access 10-foot wide Planting Screen Easement along Ponahawai Street fronting the subject property. 6. County water is available from an existing 6-inch or 8-inch waterline fronting the property along Ponahawai Street. 7. All essential utilities are available to the site. 8. The Planning Director recommended favorably on this request based on the following: • The Change of Zone request conforms to applicable goals, policies and standazds of Land Use (Commercial) and Economic Elements of the General Plan. • The Land Use Pattern Allocation Guide (LUPAG) Map designates the subject property and its immediately surrounding area as Medium Density Urban and the project site is located within close proximity to other commercial areas, employment centers and public safety services. • The Change of Zone request is not contrazy to Chapter 205A, Hawaii Revised Statutes relating to Coastal Zone Management as the subject property is not proximate to the shoreline and will not be impacted by coastal hazazd and beach erosion. • According to the Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency (FEMA), the southern portion of the property is within Flood Zone "A", the Special Flood Hazard Area inundated by the 100-year flow where no base flood elevations are determined. The Department of Public Works states that construction within the designated FEMA flood zone shall comply with the requirements of Chapter 27, Flood Control, of the Hawaii County Code. • The project site was previously used for sugar cane and has been vacant and overgrown for yeazs. Presence of nay known rare, threatened, or endangered species or endangered floral and fauna species is remote. Likewise, the existence of azchaeological sites with the property is unlikely. No record of a designated public access traverses the property and no valued cultural, historical or natural resources exist on the property there is no evidence of any traditional and customary native Hawaiian rights being practiced on the site. Therefore, it is not anticipated that the proposed request will have adverse impacts on cultural or historical resources. PC Report No. 43 Communication 565 Bill 139 Page 3 of 5 • Requisite of the Planning Director's favorable recommendation for the Change of Zone request, aze eighteen (18) conditions contained in Bill No. 139 that outline specific requirements for the proposed project. One of these conditions restricts structural improvements within Drainage Easements "D-6" and "D-7" and also areas designated Flood Zone "A". Another condition limits access to the subject property through Road and Utility Easement "RU-3". • There is also a condition that applicant allow unrestricted access through the 15-foot wide road and utility easement ("RU-3") to the owner of TMK 2-3-37:16 and shall also allow unrestricted access through the 25-foot wide road and utility easement ("RU-7") within TMK 2-3-37:10 to the owners of TMK 2-3-37: 8 and 9, as well as any other property that is supposed to have any easement over any of the applicant's properties within lots created and required by Subdivision No. 7389. The August 14, 2007 Committee on Planning meeting was cancelled and rescheduled to August 21, 2007 at the Hilo Council room. A motion to amend Bill 139 with 565.2, amending section E, to provide one and three-fourths (1- pazking spaces for each unit, was approved. Mr. Brian Nishimura stated he discussed the parking amendment with the owners and they had no objections to the amendment. Council Member Ikeda stated he supports the rezoning as the applicant has agreed to the pazking amendment and fulfilled all other requirements. A motion to table this matter to the end of the day was approved and recess taken. Public Works Director Bruce McClure explained that the August 31, 2006 letter which states the department does not sanction the specific plans submitted with the application was not an objection per se, but is their standard comment on change of zone applications that are based upon a conceptual plan. Council Member Ford's concern with this project is that the August 24, 20061etter from the Department of Health states it does not concur with the application and noted that each unit shall require its own septic system. Mr. Nishimura stated that when Mr. Basque originally came to him, Mr. Basque's idea was that because there were a number of rezonings being proposed along Ponahawai Street, eventually a sewer system might be developed to serve the azea. Therefore, if that happened, the possibility of doing more units on the property would exist. However, Mr. Basque's family now understands there are limitations to density due to the wastewater requirements and if there is no possibility of a sewer system serving the area in the neaz future, they are willing to proceed with a drastically lower density because that is what they aze being allowed to do. As to an anticipated timeline for a sewer connection on Ponahawai Street, Director Liethead- Todd explained that this particular sewer project was unfunded and not on the department's list of current projects as there were other areas in Hilo that are a priority. Director Liethead-Todd stated that if the development mauka of Komohana street proceeded, then the department might PC Report No. 43 Communication 565 Bill 139 Page 4 of 5 be asking the developer of that project to do a sewer extension. However, in terms of county- initiated projects, Director Liethead-todd stated that due to all the lazge capacity cesspool projects and looking at the Kealakehe Wastewater Plant, it would not advocate moving Ponahawai Street up on their list because there are other projects they need to do. Council Member Ford's concern was that because this application is before the council with a massive problem regazding septic issues, she felt the application should come forwazd with a proposal that fits what can be done and not based on something that may happen later. Director Yuen explained that conditions of zoning state that the applicant has to have a water disposal system meeting standards of the Department of Health. Therefore, if zoning was approved in its current form requiring septics, applicant wouldn't be able to develop to the full level of the zoning. He doesn't have a problem with zoning it to RM 1.5 knowing that in actuality if they go to septic they won't be able to do it. Ms. Ford stated her concern that there is not enough street parking and no sewers and we keep doing these rezonings and therefore has serious difficulty with accepting this application. She stated if applicant wanted to go to a multifamily residential he should have gone for a lot less number of units and appropriate to what the area can handle with regard to traffic and sewage. Council Member Jacobson expressed concurrence with Ms. Ford's concerns and stated he believes the applicant should adjust their application to reflect the reality of what is allowable and reduce the number of units. Council Member Ikeda stated that since the Department of Health will limit the number of units, he agrees with Director Yuen's position. Mr. Ikeda also noted that with regazd to traffic, at one time Ponahawai Street was in fact a busy street, however, it is not true today as there are a lot of roads going through the area. Council Chair Hoffmann noted there was no TIAR for this application and questioned whether the site plan was revised to show the location of the project outside of the drainage area as requested by the Planning Director. Mr. Hoffmann stated that the Council is the policy making body of this county and as there was no revised site plan with the documents provided and considering the lack of concurrency on several major categories in this development, he can't approve this application. Director Yuen stated the concurrency ordinance did not apply to this application because it was received prior to the enactment of the ordinance and also, the proposed project, even at RM 1.5 level would not generate fifty auto trips per hour that would trigger a TIAR. Mr. Yuen stated he continues to advocate for housing in the city of Hilo. He also noted concerns that the parking amendment states that the number of pazking spaces shall be 42 and that it doesn't fit with the actual reality of the application. Mr. Nishimura stated his understanding was there would be one and three-fourths stalls per unit and that if it turned out applicants could only build ten units, the it would be calculated at one and three-fourths stall per unit as well. This is the information related to the applicant and is what they were agreeable to. PC Report No. 43 Communication 565 Bill 139 Page 5 of 5 A motion to approve this measure received three aye votes. Pursuant to Council Rules, 5 aye votes are needed to pass a measure. Therefore, your Committee on Planning forwards Bill No. 139, as amended to draft 2, to the Council with a negative recommendation. and AYES NOES A&E EX ReSpectfiilly Sul)mltted, FORD X HIGA X COM1vIITTEE ON PLANNING HOFFMANN X IKEDA X r JACOBSON X NAEOLE X K. ANGEL PILFkf ,CHAIR PILAGO X YAGONG X PC REPORT NO. 43 YosxrntoTO x a,DOPTEn: OCT ~ 3 2007