HomeMy WebLinkAboutREP PC 062 11/04/2003 2002-2004REPORT OF THE
COMMITTEE ON PLANNING
DATE: November 4, 2003
PLACE: Councilroom
RE: Comm. No. 374/Bill No. 164
TIME: 4:35 p.m. (Reconvene)
Chair and Members
Hawaii County Council
Hilo. Hawaii 96720
Your Committee on Planning, to which was referred Communication No. 374 and Bill No. 164,
transmitted by Mayor Harry Kim, dated September 24, 2003, regarding an amendment to Change
of Zone Ordinance No. 91-91 request by Pua anui Partnership, at Holualoa 1" and 2n°, North
Kona, TMK: 7-6-8: POR 10 (1.000-acre), reports as follows:
Bill No. 164 seeks to amend Conditions B and C of Change of lone Ordinance 91-91. which
rezoned cone-acre portion of land from the Agricultural (A-la) to a Village Commercial
(CV-la) district, by allowing an additional 5 years to secure final plan approval (Condition B) and
commence construction (Condition C).
Communication No. 374 reports that the Hawaii County Planning Commission, as required by the
Hawaii County Charter. Article VI, Chapter 4, Section 6-4.3(c), considered the above request and
accompanying Bill No. 160 on September 1 1, ?003. At this meeting, the Commission concurred
with the Planning Director's favorable recommendation for approval of this matter.
Communication No. 374, in synopsis, describes the Planning Director's Findings and
Recommendations as the following:
Ordinance No. 91-91, effective on September 12, 1991, rezoned the subject property from
agricultural (A-la) to Village Commercial (CV-la). The applicant requested the change
of zone and concurrent State Land Use Boundary Amendment from Agricultural to Urban
for approximately one-acre to allow the construction of a restaurant and related facilities.
Condition B of Ordinance No. 91-91 required that Final Plan Approval be secured
within one year from the effective date ofthe change of zone or September 12, 1992.
• Condition C of Ordinance No. 91-91 required the commencement of construction
within one year from the date of receipt of Final Plan Approval and completion
(certificate of occupancy) within two years thereafter or no later than September 12,
1994.
2. fo date the applicant has not complied with these performance conditions. According, to
the applicant, non-compliance is a result of conditions that could not have been foreseen or
were beyond the control of the applicant i.e. restructuring of the property ownership,
sluggish economy and the unanticipated cost of the improvements.
3. The applicant now feels that the proposed restaurant can be completed and is requesting the
Communication 374
Bill 164
Page 2
amendments for an additional five years to complete its construction.
4. The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designates this area
for Medium Density Urban uses. The affected area is zoned CV-1 a. 'I~he County Zoning
Code has subsequently been revised since this rezoning was approved. Compliance with
all applicable requirements such as setback, height and landscaping is still required.
5. Proposed Bill No. 164 reflects current language used in delineating performance conditions
in addition to Conditions K and L. Condition K enables the Planning Director to grant an
additional oue-time extension for performance conditions before seeking Council approval.
Condition K preserves and protects the 12-toot wide trail running along the northern
portion of the property.
6. The request to amend Conditions B and C would not be contrary to the original reasons far
approving the Change of lone.
At today's meeting, Planning Director Chris Yuen and Sidney Fuke, representative for Pua~anui
Partnership, provided this committee with background information about the origins and purpose
of Bill No. 164.
Mr. Fuke explained to this Committee that when the original rezoning to Commercial District took
place in 1991-1992 there was quite a bit of controversy because the parcel and the proposal
encompassed a much larger area of 13 to 14 acres. The proposal area was reduced to 7 acres and
some of the acreage downzoned from Commercial Village back to Open. Subsequently, this
1-acre area was rezoned from Agriculture 1-acre to Commercial Village with Ordinance 91-91.
The intent of this site, at the time of rezoning and at current, is to construct a restaurant and art
gallery. This request for a time extension is to allow the applicant time to start and complete the
construction of the restaurant and the art gallery on the one-acre silt.
During discussion, Council Vice Chair J. Curtis Tyler explained that he attended the Planning
Commission hearing on this matter because of constituency concern that the public mauka-makai
trail, Na Ala Hele, would be disturbed during the project As such, a Condition I, preserving the
trail was inserted into Bill 164. Mr. Fuke confirmed the applicant's plans to abide to the condition
and not disturb the trail.
Also, during discussion Mr. Fuke suggested. for formatting purposes, theconditions of Bill 164
are re-alphabetized so that the last condition will be Condition K. the extension of time
performance condition. In relation to this same condition, this Committee expressed concern over
granting the Planning Director authority to grant time extensions on performance conditions
instead of the Council Subsequently. this committee voted to amend Bill 164 with the following:
Re-lettering Condition L to Condition 1, and re-lettering and renumbering the
subsequent conditions.
Communication 374
Bill 164
Page 3
2. Changing Condition K so that granting authority for further requests for time
extensions is the Council rather than the Planning Director.
Your Committee concurs with the Planning Commission and the Planning Director's favorable
recommendation for approval of the amendments to Change of 7.one Ordinance 91-91.
Your Committee on Planning is in accord with the intent and purpose of Bill No. 164, as amended
to Draft 2, and recommends it pass first reading.
Ctd
AYICS NOI~:S A & 1( h:X
AKAKAKI X
CI IUN(i X
I(LARIONOPP X
IIOLtiCllUll X
.IA('UnsON X
RI(YNULDS X
sN'nRIK X
TIII,ANG X
rvi.i:a x
Respectlull} submitted
COMMITITGG ON PLANNING
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