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Home My WebLink AboutREP PC 074 02/20/2008 2006-2008 REPORT OF THE COMMITTEE ON PLANNING DATE: February 20, 2008 Re: Comm. 299 (2000-2002) PLACE: Sheraton Keauhou Bay Resort and Spa Bill No. 89 78-128 Ehukai Street Kailua-Kona, 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 89, reports as follows: Bill 89, transmitted on August 7, 2001, via Communication No. 299, from Mayor Harry Kim, concerns a change ofzone request by OKUTAU, LLC, at Waiakea, South Hilo, Hawaii, TMK: 2-4-14:42. Bill 89 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 (RS-15) to Single Family Residential (RS-10), at Waiakea, South Hilo, Hawaii. Communication 299 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 20, 2001. The Commission concurred with the Planning Director's reasons for recommending favorable consideration of the change ofzone. Communication No. 299 transmits the following findings and recommendations: 1. The subject property is located on the eastern corner of West Puainako Street and Kanoelani Street, Waiakea, South Hilo, Hawaii. 2. Applicant is requesting a change ofzone by changing the district classification from Single Family Residential (RS-15) to Single Family Residential (RS-10) for approximately 26,640 square feet of land. 3. Applicant is requesting the change ofzone in order to create atwo-lot subdivision and once necessary approvals are secured, either sold or rented. 4. The Department of Public Works did not recommend access along Kanoelani Street and deferred access questions to the Department of Transportation, who recommends that both lots have access only to Kanoelani Street. It is noted that the March 2, 2001 site plan approved by the Department of Public Works denotes a driveway access off of West Puainako Street. PC Report No. 74 Communication 299 Bil] 89 (2000-2002) Page 2 of 4 5. Water availability can be made from an existing six-inch waterline along Kanoelani Street or an existing eight-inch waterline along Puainako Street. 6. Utilities are available for the proposed development, with fire and central police located between one and two miles from the subject property. 7. The Planning Director recommended favorably on this request based on the following: • The change of zone request is consistent with the goals, policies, standards and courses of action of the Land Use, Housing and Single-Family Residential elements of the General Plan. • The Agricultural Land of Importance to the State of Hawaii (ALISH) Map classifies the site as Urban. • 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 approximately 4-1/2 miles from the nearest shoreline and will not be impacted by coastal hazard and beach erosion. • The entire property was previously cleared and is surrounded by residentially developed areas. Therefore, it is unlikely that valued cultural, historical or natural resources exist and that any traditional and customary native Hawaiian rights been practiced in the area. The following is a brief chronological background of the change of zone application: • March 9, 2001 -Application for Change of Zone filed (Okutau, LLC). • April 12, 2001 -Department of Public Works -comments. • April 18, 2001 -Fire Department (no comments); Police Department (no comments or objections). • June 6, 2001 -Department of Water Supply. • July 20, 2001 -Planning Commission public hearing. • August 2, 2001 -Planning Commission transmits favorable recommendation. • August 28, 2001 -Committee on Planning meeting. Bill 89 has been pending since 2001 and was placed on the December 4, 2007, Committee on Planning agenda to determine its current status and to obtain recommendations from the Planning Director as to its disposition. At the December 4, 2007 meeting, there was discussion regarding a letter dated November 30, 2007, from Okutau, LLC, requesting that the change of zone application be withdrawn. Director Yuen informed Council Members that Okutau, LLC sold the property and thus the withdrawal by Okutau, LLC was ineffective, since the change of zone application attaches to the land and not the applicant. Director recommended that the new owner be contacted, advise them of the pending application for change of zone, and determine whether or not the new owner wished to pursue the change of zone. This matter was postponed to the December 18, 2007 Committee on Planning meeting in West Hawaii. PC Report No. 74 Communication 299 Bill 89 (2000-2002) Page 3 of 4 At the December 18, 2007 Committee on Planning meeting, Mrs. Laura Chock, representing the new owners of the property was present and expressed her desire to move forward with the application. It was suggested by Committee Chair Pilago that because this item had been pending for several years without action, that the matter be postponed to the January 8, 2008 Planning Committee meeting to afford Mrs. Chock and Director Yuen an opportunity to meet and determine what additional requirements might be necessary or required in order to move forward with the change of zone application. At the January 8, 2008 Committee on Planning meeting, recommendations of Planning Director Yuen outlined in Communication 856.1 were discussed. Director Yuen stated that the Department basically continues to support the proposed change of zone however he recommended that the proposed Bill 89, Draft 2, transmitted via Communication 299.1 from Planning Committee Chair Bobby lean Leithead-Todd, dated August 27, 2001, be revised to include the following: 1) That Condition C be re-amended to its 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." 2) Anew condition be included to limit the lots to one dwelling per lot, and shall read as follows: "Restrictive covenants in 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." Council Member Brenda Ford confirmed that the Director's proposed amendment provides that access to the existing home on Puainako would remain but that the newly created second lot is limited to access on Kanoelani Street. Council Member Jacobson noted his support of Director Yuen's recommendations, but requested that this item remain in the Planning Committee until the proposed amendments are made which would allow Council Members ample time to review the revised ordinance incorporating the Planning Director's recommended changes. Committee Chair Pilago noted that the owner of the property, Mrs. Laura Chock, and the Director are both agreeable to postponement, however, due to Mrs. Chock's unavailability at the PC Report No. 74 Communication 299 Bi1189 (2000-2002) Page 4 of 4 next two meetings for medical reasons, the matter was postponed to the February 20, 2008 Planning Committee meeting. At the February 20, 2008 Committee on Planning meeting, Planning Director Yuen's recommendations outlined in Communication 856.1 dated January 7, 2008 were discussed. Mrs. Laura Chock, new owner and successor to the application for change of zone, was present at the Hilo Council room via videoconference and stated that she was in agreement with Director Yuen's proposed amendments and requested that the Council favorably consider and approve the change of zone request. A proposed floor amendment (Comm. 856.3) incorporating the recommendations of the Planning Director was circulated, discussed and approved. 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 intent and purpose of Bill 89, as amended to Draft 3, and recommends it pass first reading. and nxES reoES A&e Ex Respectfully submitted, FORD X HIGA X COMMITTEE ON PLANNING HOFFMANN X HcEDA X i?Y JACOBSON X NAEOLE X K. ANGEL PII. ,CHAIR PILAGO X YAGONG X PC REPORT NO. 74 Yoslm~IOTO X ADOPTED: MAR 1 7 70t1Q