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HomeMy WebLinkAboutREP PC 088 04/20/2004 2002-2004REPORT OF THE COMMITTEE ON PLANNING DATE: April 20, 2004 RE: Comm. No. 455/Bill No. 209 PLACE: Councilroom TIME: 2:25 p.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Communication No. 455 and Bill No. 209, transmitted by M.ryor Harry Kim, dated December 30, 2003, regarding a Change of Zone Request by Lehua Lani LLC, at Puapuaa, North Kona, Hawaii, TMK: 7-5-20:71 and 72, reports as follows: Bill No. 209 seeks to amend Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the District Classification of approximately 10.1 acres of land from Agricultural-5 acre (A-Sa) to Single Family Residential-7,500 square feet (RS-7.5). Communication No. 455 reports the Hawaii County Planning Commission, as required by the Hawaii County Charter, Chapter 4, Section 6-4.3(C), considered the above request on December 4, 2003. The Commission concurred with the Planning Director's favorable recommendation on this matter. Communication No. 455, in synopsis, reports the Planning Director's findings and recommendations as the following: 1. The applicant, Lehua Lani, LLC, is requesting a Change of Zone amendment from Agricultural to Residential for approximately 10.1 acres of land. 2. The subject property is located on the mauka side of Ali`i Drive between the Ali`i Lani Condominium and the Ali`i Gardens Marketplace. 3. The applicant is seeking the amendment in order to develop a 58-unit Single Family Planned Unit Development (PUD). Application for the PUD will be submitted after the Change of Zone application has been considered. An estimated cost of the project is $15 million. 4. The applicant intends to construct 58 single family residential dwellings on lots ranging from 4,000 to 6,000 square feet in size. Some of the structures will maintain a setback of less than the required I S foot limit. 5. A '/z acre open space archaeological preserve park is planned as part of the development, adjacent to the Ali'i Parkway. 6. Proposed access to the project is through Ali'i Drive. 7'he applicant also intends to construct private roadways within the development. 7. All utilities are or will be made available to the project site. 8. The approval of the Change of Zone request from Agricultural (A-Sa) to aSingle-Family Residential (RS-7.5) zoned district will conform to Land Use Elements of the General Plan based on the following: • The LUPAG designation for the area is Medium Density Urban and Urban Expansion. The Medium Density Urban Designation allows for village, neighborhood commercial and PC Report No. 88 Communication 455 Bill 209 Page 2 • residential uses. In the immediate area are mixes of residential and agricultural zoned uses. The proposed use is consistent with the urban designation as well as existing and emerging uses for this area. • The subject property is within the State Land Use Urban Zoned District. • The project site is unclassified by the State of Hawaii ALISH Map. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or "Very Poor". • The approval of the Change of Zone request is not contrary to Section 205-2, Chapter 205, Hawui`i Revised Statutes. The property is situated within the Special Management Area. It is located approximately 300 feet from the coastline. There are no identified recreational resources or public access routes. Thus, the proposed use is not expected to adversely impact those resources. The applicant has applied for a Special Management Area Use Permit (SMA 03-1 ~). • An Archaeological Inventory Survey conducted by Paul H. Rosendahl in July 2003 revealed 14 significant sites with 36 component features. One of'the sites, consisting of two burial platforms, was recommended for preservation. The applicant intends to preserve this site by incorporating it as part of an open space feature. No endangered plants or animals are expected to be impacted by the project. 9. Requisite of the Planning Director's favorable recommendation for the Change of Zone request is approximately twenty four conditions contained in Bill No. 209 that outline specific infrastructure, archeological preservation and access route requirements for the project. Your Committee first considered this matter on February 3, 2004. At that meeting, testimonies requesting a public hearing be held in Kona were received. Planning Director Chris Yuen and Sidney Fuke, representative for Lehua Lani, LLC, also provided the committee with background information about the origins and purpose of Bill No. 209. At the February 3, 2004 meeting, Councilmember Tyler explained that in reviewing the map for the project he noticed the road had been identified as "Kaiolu Drive". He informed Mr. Fuke that it was an erroneous identification and requested that it be removed. According to Councilmember Tyler, a parcel adjacent to the road is called "Kaiolu," not the road itself. Your committee voted to defer action on Bill No. 209 until after a public hearing was held in Kona. On March 8, 2004, at the King Kamehameha Kona Beach Hotel, this Committee conducted a Planning Committee Public Hearing. At this hearing, individuals presented testimony regarding this development and traffic congestion in the Kona District. Mc Fuke also presented information about the project. At today's meeting, your Committee circulated written communications and received verbal testimony in relation to Bill 209. Mr. Fuke provided the Committee with background information about the details of Planned Unit Development (PUD) projects and ttafi-ic congestion along Ali`i Drive. Mc Fuke informed members that the applicant will be required to construct a turn lane and dedicate rights-of--ways on Ali`i Communication 455 Bill 209 Page 3 Drive that will help to alleviate some of the present traffic. He further added that this project will help to meet the current housing demands in the area. Mr. Fuke also requested the following amendments to Bill 209: 1. Condition T. Include language that allows the applicant to contribute a fair share amount towards a siren only if required by the Hawaii County Civil Defense System. 2. Condition V. Delete Department of Education requirement. 3. Condition W. Allow right-of=way land dedication to be used as a credit in fulfilling fair share contribution requirements. 4. Condition D. Scale back planting easement to 5-foot. During discussion, several Committee members expressed concern over the generation of additional traffic along Ali`i Drive and possible flooding in the region. Other members agreed with the PUD concept and suggested that the project was appropriate use of the land for the area Councilmember Tyler reiterated that the use of"Kaiolu Drive" was erroneous. Post discussion, Your Committee voted to amend Bill 209 with the following: Condition E. Replace the 5-foot widening strip with a 10-foot widening strip, as requested by the Public Works Department in Communication No. 455.1. 2. Condition W. Replace with standard language requiring Council approval of"in-lieu" and also include contribution amounts. A motion to approve this measure received three aye votes and three no votes. According to Council rules, five votes are needed to pass a measure. As a result, this matter will be forwarded to the Council with a negative recommendation. Your Committee on Planning forwards Bill No. 209, as amended to Draft 2, to the Council with a negative recommendation. Ctd AYES NOES A&E EX ARAKAKI X CHUNG X ELARIONOFF X HOLSCHUH X JACOBSON X REYNOLDS X SAFARIK X TIJLANG X TYLER X COMMITTEE ON PLANNING Leni grad lario off, Ch it PC REPORT NO. 88 ADOPTED: OFFICE INFORMATION ONLY Meeting: May 5, 2004 - Council Meeting {35th Session) Action: Amended Bill 209, Draft 2, to Draft 3 and passed First Reading PC Report 88 transmitted Bill 209, Draft 2, with a "negative recommendation" due to a vote of 3 ayes, 3 noes, & 3 excused. Re: C-455.5/BILL 209, DRAFT 2/PC-88