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HomeMy WebLinkAboutCOM 0856.001 2006-2008 Harry Kim Christopher J. Yuen Mayor Director n+i~•w•wi;+`- Brad Kuroltawa, ASLA L LEED®AP ATOUTAV of pufuaii Deputy Director VL~ PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 - Hilo, Hawaii 96720-4224 (808) 961-8288 - FAX (808) 961-8742 rv L C~ Z January 7, 2008 Z C T?' cr [v; Honorable Angel Pilago, Chair r N And Members of the Committee on Planning COMMITTEE ON PLANNING ca 333 Kilauea Avenue, Second Floor Hilo, HI 96720 Dear Chair Pilago and Members of the Committee on Planning: SUBJECT: BILL 89 (2001) -APPLICANT: OKUTAU, LLC TAX MAP KEY: 2-4-14:42 We have re-reviewed this application, which has been pending at council since 2001. The Planning Department and Planning Commission had given a favorable recommendation in 2001. We continue to be basically in favor of the proposed rezoning from RS-15 to RS-10 of this lot on the corner of Puainako and Kanoelani Streets in Hilo to permit a two-lot subdivision. We do, however, have a couple of suggestions. The most important issue in this application is the question of road access. When the application was received, there was already a house under construction with access approved from Puainako St. In response to the rezoning request, the State Department of Transportation, with jurisdiction over Puainako St., recommended that access for both lots be taken from Kanoelani St. The County Department of Public Works, on the other hand, with jurisdiction over Kanoelani St., recommended that access be from Puainako St. The Planning Department believes that access from Kanoelani St. is preferable to Puainako St., because Puainako St. is a very busy through street, especially with the completion of the Puainako Extension. Because the applicant had one permitted home Comm- No.8 Ref. To: f'rescaPae! G Ref. Date-JAN - 8 2M Hawai'i County is an Equal Opportunity Provider and Employer. Honorable Angel Pilago, Chair And Members of the Committee on Planning COMMITTEE ON PLANNING Page 2 January 7, 2008 under construction with legal access to Puainako St., however, the Planning Department recommended that access to the newly-created lot be limited to Kanoelani St. rather than completely following DOT's recommendation that access to both lots be from Puainako St. The Council Planning Committee, however, in 2001 passed a Draft 2 of Bill 89, which amended Condition "C" so that the lots would take access via a joint driveway to Puainako St. The committee report, Comm. No. 299. 1, stated that this was "to comply with the recommendations of Public Works and State DOT", which seems an incorrect statement with respect to State DOT. The Planning Department recommends that Condition C of Bill 89 be re-amended to the original wording: "Access for the proposed vacant lot shall be limited to Kanoelani St. and meet with the approval of the Department of Public Works. All driveway connections to county roads shall conform to Chapter 22, Streets and Sidewalks of the Hawaii County Code." We also recommend that the Council include a condition limiting the lots to one dwelling per lot. This has been a fairly common requirement in rezonings. In other words, the owners would not be able to put an `ohana dwelling on the lots in addition to the first dwelling. If `ohana dwellings were allowed, this rezoning could potentially allow four homes on this property (although the location of the first home would make it difficult to build more than three homes because of setbacks.) When the application was received and reviewed, it appeared that the intent was to create a second lot where one additional dwelling would be allowed. Under "traffic impact", the applicant wrote that "the traffic impact will be nominal since one of the proposed structures fronting onto Puainako will be a replacement of an existing structure and the second structure will front onto Kanoelani which has low or no traffic to begin with." The current proposed conditions do not require any road improvements by the owners because the additional development allowed by the rezoning would be slight. We would have to re-evaluate this if the rezoning potentially allowed additional homes, particularly because there are other lots on Kanoelani which are of a similar size and could potentially be subdivided if they were also allowed RS-10 zoning. Honorable Angel Pilago, Chair And Members of the Committee on Planning COMMITTEE ON PLANNING Page 3 January 7, 2008 The new condition should read as follows: "Restrictive covenants in the deeds of all proposed lots within the property shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owner of the property may also, in addition, impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances." Sincerely,, ,7.L CHRISTOPHER J. YUEN Planning Director CJY:pak Wpwin60/Chris 07 - Hap- Bill 89 (2001) - Okutau ammdaimts cc: Ms. Laura Chock