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HomeMy WebLinkAboutCOM 0833.000 1996-1998 w++oF N~ Virginia Goldstein Stephen K. Yamashiro Di'ectur laiQ Muyor Russell Kokubun Deputy 1),,, tur Ott OFM~'M ft~oixixfg of tttuttii c PLANNING DEPARTMENT 25 Aupuni Street, Room 109 • Hilo, Hawaii 96770-4252 (808) 961.5288 - Fax (808) 961.8742 May 13, 1998 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Planning Commission Minutes of April 17, 1998 Attached for your information are the Planning Commission Minutes of April 17, 1998 regarding the following applicants: Dr. William and Patricia Bergin - SLU Boundary Amendment and Change of Zone Robert S. Nackowski - SLU Boundary Amendment and Change of Zone Regency Pacific, Inc. - SLU Boundary Amendment, Change of Zone and Use Permit Should you have any questions, please feel free to contact Alice Kawaha or Royden Yamasato at the Planning Department. Sincerely, ~.c irginia Goldstein 611p, Director Att. n.., Z N U -N Presenfec PC- MAY 1 ; 199a PLANNING COMMISSION COUNTY OF HAWAII MINUTES April 17, 1998 The Planning Commission met in regular session at 9:30 a.m. in the Kona Surf Hotel, Kamehameha Ballroom, 78-128 Ehukai Street, Keauhou, North Kona, Hawaii, with Chairman Kevin M. Balog presiding. PRESENT: Kevin M. Balog Richard Baker, Jr. Geraldine Giffin (Left at 2:15 p.m.) Mary Katayama Lin McIntosh (Left at 3:00 p.m.) Mildred Mosher James Souza Leonard Tanaka (Left at 2:28 p.m. and returned at 2:35 p.m.) Virginia Goldstein, Planning Director Royden Yamasato, Staff Planner Alice Kawaha, Staff Planner Eleanor Mirikitani, Staff Planner Fred Giannini, Deputy Corporation Counsel Glenn Ahuna representing Ex-officio Member Milton Pavao Tom Pack representing Ex-officio Member Donna Kiyosaki The Chair introduced the Commissioners and staff to members of the public. All those testifying were duly sworn in. SLU BOUNDARY The Commission took these items up at 1:50 p.m. with AMENDMENT AND approximately 35 people from the public in attendance. CHANGE OF ZONE DR. WILLIAM AND PATRICIA BERGIN OULI, SOUTH KOHALA APPLICANTS: DR. WILLIAM & PATRICIA BERGIN - Applications for a State Land Use Boundary Amendment from an Agricultural to Rural District and a Change of Zone by changing the district classification from Agricultural (A-5a) to Residential/Agricultural (RA-2a) for approximately 5.00 acres of land. The property is located in Kanehoa Subdivision approximately 750 feet south of the entrance road from Kawaihae Road, Ouli, South Kohala, Hawaii, TMK: 6-2-9:25. Ms. Mirikitani oriented the Commission and public of the subject and surrounding properties on the presentation map, summarized the request, and noted the Planning Director recommended approval of the application with conditions. The applicant's representative, Gregory Mooers, questioned the appropriateness of Condition H regarding a fair share contribution to address potential regional impacts, noting they were only proposing a two-lot subdivision. Director Goldstein said that the Corporation Counsel's office has been requested to draft an ordinance regarding the requirement of a fair share contribution; and she pointed out that the justification the County Council has given for including this condition and going further by attaching a dollar figure for each of the impact is that this is a voluntary action. Director Goldstein clarified that she was proposing the condition be included inasmuch as the County Council has been imposing that condition. Commissioner McIntosh made her perennial objection to including this condition since the enabling legislation has never been passed. For the Commission's information, Mr. Mooers noted he has been working on a situation for several years where people are applying for condominium property regime lots so that they would not be subject to County review and be required to participate in paying for impacts of additional density. He said it is hoped that by applying for a change of zone, it would be an advantage for homeowners as the subdivided lots would have value greater than CPR lots, although how much greater is certainly up in dispute, and, also, the County could address the traffic issue on Kawaihae Road with homeowner contributions. He said this was the reason why the applicant was agreeable to Condition F wherein when sufficient number of these lots do convert via boundary amendment and change of zone that there will be an improvement district program or if ISTEA funds became available that it would help leverage their dollars with federal dollars. He pointed out the concern of the cost becoming too great that it would drive homeowners to further perpetuate continuing CPR lots, which they would not like to see. Mr. Moore stated that it is the belief of the applicant that the infrastructures (water and interior roadways) were more than adequate to address the density of two acres although the concern that needed to be addressed is that issue of Kawaihae Road, which the applicant pledges his fair share contribution. There being no one from the public wishing to testify on this agenda item, it was moved by Commissioner Mosher and seconded by Commissioner Mosher that the public hearing be closed. Motion was unanimously carried by a voice vote of all Commissioners in attendance. Regarding the State Land Use Boundary Amendment, it was moved by Commissioner Mosher and seconded by Commissioner Giffin to send a favorable recommendation to the County Council as recommended by the Planning Director. A roll call vote was taken and motion carried with nine ayes (Mosher, McIntosh, Baker, Giffin, Katayama, Souza, Tanaka, Togashi, and Balog). Regarding the Change of Zone Application, it was moved by Commissioner Mosher and seconded by Commissioner McIntosh to send a favorable recommendation to the County Council for the reasons and with the conditions recommended by the Planning Director, with the deletion of Condition H relating to the fair share contribution, and Condition F amended to read, "At the time the improvements at the Route 19/Kanehoa Road intersection are made by the Department of Transportation, the applicants shall pay their fair share amount for the required improvements which will be determined by the Planning Director in consultation with the Department of Transportation." A roll call vote was taken and motion carried with nine ayes (Mosher, McIntosh, Baker, Giffin, Katayama, Souza, Tanaka, Togashi and Balog). SLU BOUNDARY The Commission took these items up at 2:28 p.m. with AMENDMENT AND approximately 30 people from the public in attendance. CHANGE OF ZONE ROBERT S. NACKOWSKI PUAA 2ND, NORTH KONA APPLICANT: ROBERT S. NACKOWSKI - Applications for a State Land Use Boundary Amendment from an Agricultural to Rural District and a Change of Zone by changing the district classification from Agricultural (A-5a) to Residential/Agricultural (RA-.5a) for approximately 14.989 acres of land. The project site is located on the west (makai) side of Hienaloli-Kahului Road, approximately 1,500 feet north of its intersection with Hualalai Road and adjacent and north of the Hualalai Colony Subdivision, Puaa 2nd, North Kona, Hawaii, TMK: 7-5-10:Portion of 4. Commissioner Tanaka was not present at this time. Mr. Yamasato oriented the Commission and public of the subject and surrounding properties on the presentation map, summarized the requests, and noted the Planning Director recommended approval of the applications with conditions. The applicant, Robert S. Nackowski, and his representative, Sidney Fuke, were in attendance. Mr. Fuke stated they did receive the background and recommendation and found them to be acceptable. He pointed out that there is an existing legal access on the lower end of the subject property along Kuakini Highway; however, the applicant is not proposing any access from this project using the Kuakini Highway extension in light of the State Department of Transportation's comments that no direct access from this subdivision to the State Highway will be allowed. In response to Commissioner McIntosh's inquiry, Mr. Fuke explained that in the rural district residential structures are allowed and in the agricultural district farm dwellings are allowed. There being no public testimony offered on these agenda items, it was moved by Commissioner McIntosh and seconded by Commissioner Katayama that the public hearing be closed. Motion was unanimously carried by a voice vote of all Commissioners in attendance. Regarding the State Land Use Boundary Amendment Application, it was moved by Commissioner McIntosh and seconded by Commissioner Katayama to send a favorable recommendation to the County Council as recommended by the Planning Director. A roll call vote was taken and motion carried with seven ayes (McIntosh, Katayama, Baker, Mosher, Souza, Togashi, and Balog) and two absent and excused (Giffin and Tanaka). Regarding the Change of Zone Application, it was moved by Commissioner McIntosh and seconded by Commissioner Katayama to send a favorable recommendation to the County Council for the reasons and with the conditions as recommended by the Planning Director, with the deletion of Condition L relating to the fair share contribution. A roll call vote was taken and motion carried with seven ayes (McIntosh, Katayama, Baker, Mosher, Souza, Togashi, and Balog) and two absent and excused (Giffin and Tanaka). SLU BOUNDARY The Commission took these items up at 2:37 p.m. with AMENDMENT, CHANGE approximately 30 people from the public in attendance. ZONE AND USE PERMIT REGENCY PACIFIC INC. HIENALOLI 2ND, NORTH KONA APPLICANT: REGENCY PACIFIC, INC. - Applications for a State Land Use Boundary Amendment from an Agricultural to Urban District for approximately 1.19 acres of land, a Change of Zone by changing the district classification from Double-Family Residential (RD- 3.75) and Agricultural (A-5a) to Multiple Family Residential (RM-1) for approximately 5.213 acres of land, and a Use Permit to allow the development of a 129-unit assisted living facility and related improvements. The property is located on the east side of Hualalai Road, adjacent and south of the Keopu Flood Channel and across of the Hualalai Center, Hienaloli 2nd, North Kona, Hawaii, TMK: 7-5-10:15. Mr. Yamasato oriented the Commission and public of the subject and surrounding properties on the presentation map, summarized the requests, and noted that the Planning Director recommended favorably on all three applications. Mr. Yamasato noted that the Department of Public Works' April 16th memorandum was distributed to the Commission. Mr. Pack explained that the applicant will be obligated to do a drainage study and get a LOMB if the stream flow in the area will be blocked, noting during the 100- and 500-year storm the stream flow crosses the subject property. In response to Commissioner McIntosh's inquiry, Mr. Pack said if the County Council approves the Department of Public Work's CIP request for drainage improvements mauka of the Queen K Highway and the improvements are made it will hopefully have a positive effect on this application. Mr. Yamasato at this time made amendments to the Change of Zone Condition H and Use Permit Condition 8 to include "if required" at the end of the last sentences. In response to Commissioner McIntosh's inquiry, Director Goldstein said the language in the County Code on affordable housing is consistent with the State Land Use Commission's policy. The applicant's representatives, Gregg Mooers and Glenn Kaser, were in attendance. On the State Land Use Boundary Application, Mr. Mooers concurred with the Director's recommendation. On the Change of Zone Application, Mr. Mooers said if the property is developed as an assisted living facility, he did not believe Condition K (housing requirement) should be imposed; however, they can accept the condition as written because there is the term "if required," and they realize the decision will be made by the County Council. Regarding Condition N (fair share contribution), he said they questioned the legality of that condition and requested that either the condition be deleted or worded to say that the fair share contribution be a comparison of what is allowed under the present zoning and what the applicant actually develops inasmuch as the applicant strongly believes the impact of 47 homes in the area will have a far greater impact on the public services than the proposed 129 unit assisted living facility, noting the clients' average ages were between 80 and 85. On the Use Permit Application, Mr. Mooers said they are in agreement with the recommendation, given the proposed changes in the change of zone application. Commissioner McIntosh questioned the nexus between an assisted living facility and bicycles and pedestrians to require the developer to install curbs, gutters and sidewalks along the whole frontage of Hualalai Road. Mr. Giannini noted the main nexus would be visitors and employees walking to and from work. The Chair noted someone could be in a wheelchair or some could be walking along the side of the road. Mr. Mooers said the nexus pointed out in the ordinance is weak but they have no problem with providing curbs, gutters and sidewalks. Commissioner Tanaka suggested deletion of Condition N (fair share contribution) to be consistent with the action taken on the previous application. Mr. Kaser gave a general overview of their project and explained their market analysis that was done on the conservative side, noting the high demand because of the lack of current services on the island. He said those people who live in the lower income households are more apt to use their services than those in the higher income ranges. There being no further testimonies offered, it was moved by Commissioner Tanaka and seconded by Commissioner McIntosh that the public hearing be closed. Motion was unanimously carried by a voice vote of all Commissioners in attendance. On the State Land Use Boundary Amendment Application, it was moved by Commissioner Tanaka and seconded by Commissioner McIntosh to send a favorable recommendation to the County Council as recommended by the Planning Director. A roll call vote was taken and motion carried with (Tanaka, McIntosh, Baker, Katayama, Mosher, Souza, Togashi and Balog) and one absent and excused (Giffin). On the Change of Zone Application, it was moved by Commissioner Tanaka and seconded by Commissioner Katayama to send a favorable recommendation to the County Council as recommended by the Planning Director with the deletion of Condition N and Condition H amended to read, "A Drainage Study shall be prepared for review and approval by the Department of Public Works. The drainage study shall be submitted to Federal Emergency Management Agency (FEMA) and a letter of map revision (LOMR) or a Physical Map Revision (PMR) shall be issued prior to construction, if required." A roll call vote was taken and motion carried with eight (Tanaka, McIntosh, Baker, Katayama, Mosher, Souza, Togashi and Balog) and one absent and excused (Giffin). On the Use Permit Application, it was moved by Commissioner Tanaka and seconded by Commissioner McIntosh that the application be approved as recommended by the Planning Director with Condition 8 amended to read, "A Drainage Study shall be prepared for review and approval by the Department of Public Works. The drainage study shall be submitted to Federal Emergency Management Agency (FEMA) and a letter of map revision (LOMR) or a Physical Map Revision (PMR) shall be issued prior to construction with the approval of the Department of Public Works, if required." A roll call vote was taken and motion carried with eight ayes (Tanaka, McIntosh, Baker, Katayama, Mosher, Souza, Togashi and Balog) and one absent and excused (Giffin).