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HomeMy WebLinkAboutREP PC 106 08/03/2004 2002-2004REPORT OF THE COMMITTEE ON PLANNING DATE: August 3, 2004 RE: Comm. No. 699/Bil] No. 300 PLACE: Councilroom TIME: 2:47 p.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Communication No. 699 and Bill No. 300, transmitted by Mayor Harry Kim, dated July 8, 2004, regarding a Change of Zone request application by Westpro Development, Inc. at O`oma 1"'North Kona, Hawaii, TMK: 7-3-I O:Portion of 3 reports as follows: Bill No. 300 seeks to amend Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) of the llawaii County Code, by changing the District Classification for approximately 10.00 acres of land from Agricultural (A-Sa) to Multiple-Family Residential (RM-4). C ommunication No. 699 reports the Hawaii County Planning Commission, as required by the Hawaii County Charter, Chapter 4, Section 6-4.3(C), considered the above request and accompanying Bill 299 on Jwie 18, 2004. At this meeting, the Commission concurred with the Planning Director's favorable recommendation for your approval of this matter. Communication No. 699, in synopsis, also reports the Planning Director's findings and recommendations as the following: 1. 'the applicant, Westpro Development, [ne. is requesting a Change of Zone for approximately 10.00 acres of land identified as TMK: 7-3-10:3, from Agricultural 5-acre (A-Sa) to Multiple-Family Residential 4,000 square feet (RM-4). The applicant is the owner of the property. Map Exhibit A further delineates the parcel. 2. The property is part of Subdivision application 2002-0051, which subdivided a 50-acre parcel into four lots ranging in size from 10 to 13 acres each. 3. The property is located on the south side of Kona Palisades Subdivision, off Ka`iminani Drive and Kakahiaka Street, in O`oma, North Kona. 4 . The applicant intends to construct 100-unit affordable housing project called Lokahi Ka`u. The homes will be constructed in two story four-plexes and will include two bedroom-two bathroom units of approximately 1,175 square fee[. Landscaping, parking and picnic areas are also planned as part of the project. The estimated cost of the project is $ ] 5,000,000 to $20,000,000. 5. Access to the site is proposed from an extension of Kakahiaka Street Kakahiaka Street is a county owned roadway with a pavement width of 50-feet. The applicant will also be required to improve either Homestead Road or to construct a Midlevel Road which will connect the project with Ka'iminani Drive. 6. All utilities and services are or as part of this project will made available to the property. 7. "I'he approval of the Change of Zone request from Agricultural 5-acres (A-Sa) to a Multiple Family Residential-4, 000 square feet (RM-4) zoned district will result in an appropriate land use pattern that will further benefit the public based on the following: PC Report No. 106 Communication 699 Bill 300 Page 2 • An amendment to the State Land Use Boundary Map from an Agricultural to Urban District (Bill No. 299) is being concurrently processed for the proposed parcel. Upon the adoption of this amendment, the proposed Change of Zone request will be consistent with the proposed Multiple- Family Residential (RM-4) designation. • The request is supportive of or compliments the Housing and Land Use Elements of the Hawai' i County General Plan. 1. 'the Ueneral Plan LUPAG Map designation for the area is Urban Expansion. 'The request and proposed use is consistent with the projected need of urban growth for this area. It is also consistent with established uses in the area. Surrounding properties are zoned single family residential. 2. The project, as proposed, will conform to the Housing Element of the Hawaii County General Plan by providing additional and affordable housing alternatives to County residents. • "I'he Keahole to Kona Development Plan, Adopted by Council Resolution No. 269 in 1991, recommends that Residential Villages be developed in North Kona. Residential Villages are depicted as areas of 1,000 to 2,000 residential units containing road corridors and green belts. The proposed project conforms to this concept by providing residential development in the North Kona Region. • The State of Hawaii ALISH Map identifies the land for this project as "unclassified." The Land Use Study Bureau's Overall Soil Rating identify the soil as "E" or "Very Poor". The subject property is not currently used for agriculture. • The approval of the Change of Zone Request will not be violative of Chapter 205A, Hawaii Revised Statutes. The property is not situated within the Special Management Area. It is located approximately 2 %z miles away from the coastline. • The Flood Insurance Rate Map (FIRM) identifies a majority of parcel as "X" or outside the 500- year flood plain. • Char & Associates (Exhibit C) conducted a Botanical Study of the entire parcel in 2003. The study concluded that no plant species were expected to be negatively impacted by the proposed development. • Haun & Associates performed an Archeological Inventory survey of the site in 2002. The survey recommended the preservation of two sites on the subject property. A preservation plan for these two sites is to be submitted to the Department of Land and Natural Resources and the Hawaii County Planning Department. 8. Requisite of the Planning Director's favorable recommendation for the Change of Zone request are approximately twenty-two conditions contained in Bill No. 300 that outline specific requirements for the proposed project. Communication 699 Bill 300 Page 3 At today's meeting, Roy Takemoto, Deputy Planning Director, Alan Dickler, President of Westpro Development, and William Moore, representative of the applicant, provided this Committee with background information about the origins and purpose of Bill No. 300. Mr. Dickler explained that Westpro intends to construct Lokahi Ka`u as a 100% affordable housing project. He also explained that his company is currently developing residential projects on nearby properties called Lokahi Mauka and Makai. During discussion, Communication No. 699.1, dated, July 28, 2004 from the Office of Legislative Auditor was received and circulated. Communication No. 699.1 suggests that clarification on various conditions contained in Bill No. 300, specifically in relation to water improvements, housing requirements and roadway construction, be sought from the Planning Department. It also proposes several amendments to Bill No. 300 for committee consideration. Mr. Moore shared with members of this committee copies of the project design plan and requested the following amendments to Bill No. 300: • Condition B. Addition of the following and final sentence to this condition {new material underscored, as follows: "The effective date of this ordinance shall be the date on which the Planning Director has certified such assurances to be satisfactory." • Condition D. The final sentence of this condition proposed amended language as follows {deleted material bracketed; new material underscored}: "All water system improvements shall meet with the requirements of the Department of Water Supply prior to issuance of [Final Subdivision Approval or Final Plan Approval, whichever occurs first] the Certificate of Occupancy for any residential unit." • Condition H. Proposed for amendment {deleted material bracketed; new material underscored, as follows: "The applicant shall construct the extension of Kakahiaka Street through the subject property (TMK: 7-3-10:3) as a 50-foot wide street to dedicable standards with concrete curb, gutter and sidewalk improvements alone one side of the road. The road[s] shall be constmcted in a manner specified by the Department of Public Works and shall be on an alignment meeting the approval of the Planning Director in consultation with the Department of Public Works. The applicant shall construct all improvements and dedicate them to the County upon request." • Condition M. Proposed for amendment {deleted material bracketed; new material underscored} as follows: Communication 699 Bill 300 Page 4 "An archeological Data Recovery and Preservation Plan shall be submitted for the review and approval of the Planning Director, in consultation with the department of land and Natural Resources-State Historic Preservation Division (DLNR-SHPD). [Site 23413 and Site 23414] All site(s) identified for preservation in the inventory survey and approved by the State Historic Preservation Division shall be included in the preservation plan. A copy of the approved Final Archeological Data Recovery and Preservation Plan shall be submitted to the Planning Director for its files for submitting plans for Final Plan Approval review or prior to the issuance of any land alteration permits." • Condition P. Proposed for amendment with new material underscored following paragraph l and subparagraphs I-5 as follows: "The Fair Share reuuirements as contained herein shall be waived for the proposed residential development upon the following: a. That as represented by the Applicant, 100% of the residential units constructed within the project area shall be sold at prices affordable to residents of the County of Hawaii earning no more than 140% of median income at the time of development. More specifically the units shall be within the then current Affordable Sales Guidelines as established by the Department of Housing and Urban Development for a family of four earning no more than 140"/0 of the County of Hawaii median income; b That a minimum of 75% of the units shall be made available to owner-occupant buyers in accordance with Part VI Chapter 514, HRS, relating to "Sales to owner-Occupants"; and c That the applicant shall submit evidence to the County Housing Agency that the sales prices were within the Affordable Guidelines as established above. Should the residential unit price exceed the then current Affordable Sales Price Guidelines, the Fair Share reuuirements shall become immediately due and payable." • Condition R. Proposed for amendment with new material underscored as follows: "Project residents shall be allowed to use the park site being developed as a condition of the Lokahi Subdivision upon acceptance of dedication of the park by the County of Hawai`i." • Condition S. Proposed for amendment {deleted material bracketed; new material underscored, as follows: "To ensure that the Goals and policies of the Housing Element of the General Plan are implemented, Communication 699 Bill 300 Pagc 5 a As represented by the Applicant 100% of the residential units constructed within the project area shall be sold at prices affordable to residents of the County of Hawaii earnine no more than 140% of median income at the time of development. More specifically the units shall be within the then current Affordable Sales Price Guidelines as established by the Department of Housine and Urban Development for a family of four earnine no more than 140% of the County of Hawaii median income; b That a minimum of 75% of the units shall be made available to owner-occupant buyers in accordance with Part VI Chapter 514, HRS, related to "Sales to Owner-Occupants"; and c That the applicant shall submit evidence to the County Housin¢ Aeencv that the sales prices were within the Affordable Guidelines as established above. Should the residential unit price exceed the then current Affordable sales Price Guidelines, the applicant shall comply with the requirement of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy[, provided that not less than 40% of the units in the project shall be offered for sale or rent at a price range that makes them affordable to families earning not more than 140% of the median family income, as the affordable price level shall be determined by the Office and Housing and Community Development prior to the sale or occupancy of any units]. Post discussion, Your committee voted to amend Bill 300 with the following: L Condition D, as proposed for amendment as shown above, was adopted. 2. Condition H was amended and adopted as follows: "The applicant shall construct the extension of Kakahiaka Street through the subject property (TMK: 7-3-10:3) as a 50-foot wide street to dedicable standards with concrete curb, gutter and sidewalk improvements alone one side of the road. The road[s] shall be constructed in a manner specified by [he Department of Public Works and shall be on an alignment meeting the approval of the Planning Director in consultation with the Department of Public Works. The applicant shall construct all improvements prior to the issuance of a Certificate of Occupancy and dedicate them to the County upon request." 3. Condition J was amended and adopted as follows: "Install streetlights, signs, and markings meeting with the approval of the Department of Public Works, Traffic Division prior to the issuance of a Certificate of Occupancy." 4. Condition M, as proposed for amendment as shown above, was adopted. 5. Condition P, as proposed for amendment as shown above, was adopted. 6. Condition R was deleted in its entirety and all subsequent conditions were re-lettered accordingly. Communication 699 Bill 300 Page 6 7. Condition S, as proposed for amendment as shown above, was adopted and re-lettered as Condition R. 8. Condition O, as proposed for amendment by the Legislative Auditor, was amended to read as follows: " The applicant(s) shall comply with all applicable laws, rules, regulations and requirements of other affected agencies, including the Department of Public Works, Department of Water Supply and Department of Health." 9. Condition Q was deleted in its entirety and subsequent conditions re-lettered accordingly. Upon adoption of the amended conditions referenced above, your Committee concurs with the Planning Commission and the Planning Director's favorable recommendation for approval of this rezoning request. Your Committee on Planning is in accord with the intent and purpose of Bill No. 300, as amended to Draft 2, and recommends it pass first reading. rf/ AYES NOES A&E EX ARAKAKI X CHUNG X ELARIONOFF X HOLSCHUH X JACOBSON X REYNOLDS X SAFAR[K X TULANG X TYLER X COMMITTEE ON PLANNING _ ~; ~-.~ t CCJi,~4~ Lening d Elarionoff, Chas u PC REPORT NO. 106 ADOPTED: AUG ~ ~ ~jJQd