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HomeMy WebLinkAboutREP PC 051 10/16/2007 2006-2008 REPORT OF THE COMMTTTEE ON PLANNING DATE: October 16, 2007 Re: Comm. No. 700Bi11 No. 182 PLACE: Sheraton Keauhou Bay Resort and Spa 78-128 Ehukai Street Kailua-Kona, Hawaii TIME: 2:15 a.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Communication No. 700 and Bill No. 182, transmitted by Mayor Harry Kim, dated September 24, 2007, regazding a Change of Zone Application by Seascape Development, LLC, at O`oma 1", North Kona, Hawaii, TMK: 7-3- 010:003 reports as follows: Bill No. 182 seeks to amend Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by changing the District Classification from Agricultural 5-Acre (A-Sa) to Multiple-Family Residential - 1,000 Square Feet (RM-1), for approximately 10.001 acres, more or less, at O`oma 1", North Kona, Hawaii. Communication No. 700 reports that the Hawaii County Planning Commission, as required by Chapter 4, Section 6-4.3(C), Hawaii County Charter, considered the above request and accompanying Bill No. 182 on August 31, 2007. The Conunission concurred with the Planning Director's reasons for favorable recommendation as follows: 1. Applicant is requesting approval of a Change of Zone from A-Sato Multiple Family RM-1 district to develop a 306-unit affordable housing rental project. Applicant is also requesting a concurrent State Land Use Boundary Amendment (Bill 181) from the Agricultural to the Urban District. 2. The subject property is located on the south side of Kona Palisades Subdivision, approximately 1,200 feet south of Kaiminani Drive - Kakahiaka Street intersection, at O`oma 1", North Kona, Hawaii. 3. Applicant is proposing to develop a 306-unit affordable housing rental project of which all units will target the 60% of median income level to address a critical problem in the community, the need for affordable rental housing. The Planning Director proposed a condition to allow rentals up to the 80% of median income level to allow some flexibility in development of the site. 4. The proposed project tentatively includes eighteen (18) 3-story structures to include 90 studio units, 108 one-bedroom one-bath units, 108 two-bedroom one-half bath units, a PC Report No. 51 Communication 700 Bill 182 Page 2 of 5 single-story office structure, aone-acre recreation area, landscaping and an azchaeological preserve. Construction completion date is approximately 12 to 18 months, initial occupancy projected for fall of 2008. Approximate cost of the project is $30 million. 5. Surrounding properties to the north, east and south are zoned Agricultural 5-acre, a 10- acre parcel to the west (across Kakahiaka Street extension) is currently being developed by the applicant (Seascape Condominium), proposed Lokahi Mauka and Makai developments are north of the project site and further north, the Kona Palisades Subdivision. 6. Favorable recommendation of the Planning Director for the Change of Zone is based upon the following: • The Change of Zone from A-Sato RM-1 is consistent with the intent and purpose of the goals, policies and standards of, among others, the Land Use and Housing Elements of the General Plan. The request also conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map which designates this area as an Urban Expansion Area. • The U. S. Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone "X", areas outside of the 500-year flood plain. • The change of zone will not result in a substantial adverse impact upon the surrounding area, community or region. The subject property (approximately 10 acres in size) is a portion of a 50-acre four-lot subdivision granted final subdivision approval on August 29, 2005 identified as TMK Nos: 7-3-10: parcels 51, 52, 53 and the subject parcel (pazcel 3). • An Archaeological Inventory Survey TMK: 7-3-10:03, Land of O`oma 1, North Kona District, Island of Hawaii dated August 2000 was approved by the DLNR-HPD on August 8, 2003 and on March 11, 2005 the mitigation plan was approved by DLNR- HPD. • A March 2006 study titled "Cultural Impact Assessment Associated with the Proposed Development of Lokahi Kau (TMKs: 7-3-010: 003, 006, 051, 052, 053, 054) O`oma 1~ and Kalaoa Sa' Ahupua`a, North Kona District, Island of Hawaii, concluded none of the sites identified in the azchaeological inventory survey are considered traditional cultural properties and no specific natural or cultural beliefs and practices were identified relative to the land within the proposed development area. • Biological Surveys dated July 13, 2006 concluded that given the findings, the proposed development is not expected to have a significant negative impact on floral and faunal resources in the area. PC Repoli No. 51 Communication 700 Bill 182 Page 3 of 5 • A January, 2007 report titled Lokahi Kau Subdivision, Kailua-Kona, Hawaii, Revision to Traffic Impact Analysis of December 2005, TMK (3) 7-03-010:003 concluded that "although Kaiminani Street is impacted, it is not greatly impacted by the development even with a 3.5% growth factor factored into future traffic movements." The Department of Public Works notes the study may underestimate the number of Kaiminani Street trips distributed to Kakahiaka Street. The Department of Transportation notes the TIAR references an outdated ITE Trip Generation Manual which did not account for any traffic increase due to the UH West Hawaii Campus or the Palamanui project. • There will be several potential accesses to the project azea from Kaiminani Drive: Kakahiaka Street (direct from Kaiminazti Drive), a makai route through the Lokahi Kau subdivision (developed by applicant), through a portion of the future Mid-Level Road (Ane Keohokalole Highway) constructed by applicant to connect the lower part of Lokahi Kau subdivision with Kaiminani Drive, and possibly from Kakahiaka Street through mauka portion of Lokahi Subdivision to Kapuahi Street (not a typical route to go to and from Queen Kaahumanu Highway.) • The Department of Public Works recommends that a roadway master plan including roadway alignments and connections, in conjunction with an implementation strategy for the K to K Plan roads be adopted prior to further incremental development in the area. In the absence of such a plan, a recommendation has been made that development plans include extension of and access to Ane Keohokalole Highway (Midlevel Road) by an improved Homestead Road. • County water will be made available through the extension of a County water line within Kakahiaka Street. A Department of Water Supply memo dated Apri127, 2007, states that "the water development agreement (referenced as Appendix F) is currently being revised and negotiated between the developer and the department." • Utilities, including telephone and electrical services, are available to the site. The closest police station is located in Kealakehe, approximately four (4) miles from the property and a fire station at the intersection of Palani Road and Queen Ka`ahumanu Highway, approximately six (6) miles away. A volunteer fire station is located less than Ya mile from the project and the closest public school is approximately four (4) miles from the property. • The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management as the property is not located within the Special Management Area and will not be impacted by coastal hazard and beach erosion. At the October 16, 2007 Planning Committee meeting public testimony was presented by Joel PC Repoli No. 51 Communication 700 Bill 182 Page 4 of 5 Gimpel (Kona Traffic Safety Committee) and Mr. Charles Flaherty who offered comments. Written testimony was also received from Anthony Ching, Executive Officer, State Land Use Commission, expressing concerns relating to companion Bill No. 181. Ben Tsukazaki (attorney for applicant), Alan Dickler (applicant representative) and Makani Maewa, Director, Pacific Housing Advisers (affordable housing project experts), presented brief updates. Ms. Maewa presented an overview of the project regazding affordability configuration of the project, development timetable and Operational Program. Ms. Maewa noted a 55-year long term commitment to affordability, a stazt construction date of February 1, 2008 with the first 84 units completed in September 2008. Upon final completion, E.A.H. Management Company would manage the affordable housing project. Concerns raised by council members were as follows: • Adequacy of schools to accommodate all children who will reside in the proposed 306- unit community; • Adequacy of a recreational facility with one pool serving the approximately 900 people who will live in the project; • Whether the Department of Health approved applicant's wastewater treatment plan and the ability of the existing wastewater treatment plant to service the proposed project as well; • The Department of Transportation's disagreement that no mitigation measures aze necessary, the use of an outdated ITE Generation Manual in the TIAR which did not account for traffic increase due to the UH West Hawaii Campus or the Palamanui project, and the need for updated traffic study and traffic counts; • Adequacy of the number of parking stalls, the need for curb, gutter and sidewalks, and confirmation that water will be made available; • Affordability being perpetual as opposed to a 55-year term; • Executive Officer of the Land Use Commission, Anthony Ching's concerns regazding companion Bill No. 181: not to allow piecemeal development (the entire 50-acres constitutes a single development), the State LUC's jurisdiction over the proposed boundary amendment, that a Third Circuit Court ruling requires projects to be reviewed in an integrated and comprehensive manner by state and county agencies, and the potential violation of the "spirit and intent" of the State Land Use Law. • Subdividing a 50-acre pazcel so as not to fall within the 15-acre limit for matters that must be determined by and fall under the jurisdiction of the State Land Use Commission. • Energy saving measures being utilized in the proposed project, as described by Ms. Maewa, be included as a condition in the proposed Ordinance; • Addressing Department of Public Works' request for a Roadway Master Plan, its recommendation for extension of and access to Ane Keohokalole Highway (Midlevel Road), and installing or contributing to the installation of a traffic signal at the intersection of Kaiminani Drive and Mamalahoa Highway; PC 'Report No. 51 Communication 700 Bill 182 Page 5 of 5 • Address Police Department's concerns and the Depaztment of Education's recommendation fora "School Fair Share Contribution". Mr. Tsukazaki stated applicant is not seeking any shortcuts under HRS, Section 201H-38, however an application was submitted. He stated that he understood the committee's concerns and request for updated information confirming what the applicant has represented, however he noted that the project has serious time constraints and therefore requested that this matter move forwazd, and that applicant be allowed to provide the updated information requested at the next council meeting. Mr. Tsukazaki said if the council is satisfied with applicant's responses, it can then move forward with this matter. A motion was made and seconded to postpone this matter to the November 6, 2007 Planning Committee meeting. During discussions, Ms. Maewa noted that the funding commitment for the proposed project is only good through the end of the yeaz but beyond that, it may or may not exist. The motion to postpone failed. Committee Chair Pilago noted a proposed amendment would not be presented at this time. Your Committee concurs with the Planning Commission and the Planning Director's favorable recommendation for approval of the Change of Zone request. Your Committee on Planning is in accord with the purpose and intent of Bill No. 182, and recommends it pass first reading. and AYES NOES A&E EX Respectfully submitted, FORD X HIGH X ~T PLANNING HOFFMANN X IKEDA X JACOBSON X NAEOLE X K. Angel ago, Chair PILAGO X YAGONG X YOSHIMOTO X PC REPORT NO. 51 ADOPTED: NOV O ] COQ]