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HomeMy WebLinkAboutREP PC 064 11/04/2003 2002-2004REPORT OF THE COMMITTEE ON PLANNING DATE: November 4, 2003 RE: Comm. No. 391/Bill No. 173 PLACF,: Councilroom 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. 391 and Bill No. 173, transmitted by Mayor Harry Kim, dated October 20, 2003, regarding an amendment to Change of Zone Ordinance No. 97-49 request by The Bay Club Ownership, Inc. at Anaehoomalu, South Kohala, "fMK: 6-9-7: 15 (9.643-acres), reports as follows: Bill No. 173 seeks to amend Conditions B of Change of Zone Ordinance 97-49, which rezoned approximately 9.643-acres of land from Open (O) to the Resort-Hotel 2-acres (V-2a) district, by allowing an additional 5 years to secure tnal plan approval. Communication No. 391 reports that the Hawaii County Planning Commission, as required by the } lawaii County Charter. Article VI, Chapter 4. Section 6-4.3(c), considered the above request and accompanying Bill No. 173 on October 3. 2003. At this meeting, the Commission concurred with the Planning Director's favorable recommendation for approval of this matter. Communication No. 391, in synopsis, describes the Planning Director's Findings and Recommendations as the following: 1. Ordinance No. 97-49, effective on March 24, 1997, changed the district classitication of the subject property from Open to Resort Hotel. The applicant requested the change of zone to construct arecreation/restaurant/office complex and tour single-family dwellings, parking area, other related recreational facilities. and associated improvements and infrastructure. Condition B of Ordinance No. 97-49 required that Final Plan Approval be secured within five years from the effective date of the change of zone or March 24, ?002. fhe Planning Commission approved the required Special Management Area Use Permit No. 412 for arecreation/restaurant/oflice complex and four single-family dwellings, parking area. other related recreational facilities, and associated improvements and infrastructure on November 30, 2000. 2. 'fhc applicant secured Final Plan Approval from the Planning Department in compliance with Condition B of REl, 851 and Condition 4 of SMA 412 on October 8, 2001. However, Final Plan Approval will not he utilized within the two-year time Irame or by October 8, 2003 as required by Section 25-2-7. As such the applicant is seeking an amendment to Condition B for an additional five years to secure plan approval and complete construction. Communication 391 Bill 173 Page 2 3. The inability of the applicant to comply with the requirements of Condition B of Change of Zone Ordinance No. 97 49 is the result of conditions that could not have been foreseen or are beyond the control of the applicant Specifically, global effects to the local economy, i.e. terrorism, that were unforeseen and were beyond the control of the applicant when the entitlements were initially issued (1997 and 2000). The applicant continues to believe that conditions are changing and that the project could be completed within the next five years. 4. Granting of the time extension would not be contrary to the General Plan or Zoning Code. Since the rezoning was approved for the project site in 1997, there have been no changes to the General Plan affecting the subject property or immediately surrounding area. 5. Granting of the time extension would not be contrary to the original reasons for the granting of the permit. The original reasons for the approval of the rezoning are still valid today. Approval of this extension request would not be inconsistent with the original reasons for approving the rezoning ordinance. At today's meeting, Planning Director Chris Yuen and Sidney Fuke, representative for The Bay Club Ownership, Inc. provided this committee with background information about the origins and purpose of Bill No. 173. During discussion, this Committee questioned the rational of language contained in Condition J, which grants the Planning Director, and not the Council the authority to negotiate and approve "in lieu' contributions to satisfy fair share payment requirements. Mr. Yuen informed the Council that "in lieu" negotiations entail very detailed and numerous discussions. However, for the sake of policy consistency, this committee expressed a desire to have the Planning Director retain the authority to negotiate and make recommendations, but the Council approve final contribution arrangements. Also during discussion, Councilmember Bob .lacobson questioned the level of coastal protection and public access afforded during the permitting process, particularly relating to preventing the construction of seawalls along the shoreline. Mr. Yuen explained that shoreline setbacks, lateral access, etc. are addressed within Special Management Area (SMA) proceedings and that a 40-foot shoreline setback is imposed. Cowuil Chair .tames Arakaki asked for clarification abouC' current county public access laws. Mr. Yuen explained that Chapter 34 of the Hawaii County Code provides for such access, but only to new subdivisions and multi-family dwelling developments. He reiterated that concerns of public access along the shoreline are addressed through SMA process. Post discussion, Your committee voted to amend Bill 173 with the following: Amend Condition N so that granting authority for further requests for time Communication 391 Bill 173 Page 3 extensions is the Council rather than the Planning Director. 2. Amend, Condition .I, regarding fair share assessments, to say that any in lieu contributions would have to come to the Council for review and approval. 3. Add a new condition that reads: "No seawall that artificially tixes or hardens the shoreline shall be constructed within the 40-foot shoreline setback." Your Committee concurs with the Planning Commission and the Planning Director's favorable recommendation for approval of the amendments to Change of Zone Ordinance 97-49. Your Committee on Planning is in accord with the intent and purpose of Bill No. 173, as amended to Draft 2, and recommends it pass tirst reading. AYlis NOF,S A & It I?X ARAKAKI X CI IUNG X ICLARIONOI'P X noiscnuii x JAC(16SON X RIiYNOI,DS X sArnKiK x TULAN(i X lYl,l?K X Respectlulh submitted COM [TTEE ON PLANNING -t LENT GRAD LAR ONOFF,c ntantarv P<' RI' PO Rl ~ N O. 64 ADOPTt: D: ~1~~ C~