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Home My WebLink AboutREP PC 086 04/20/2004 2002-2004REPORT OF THE COMMITTEE ON PLANNING DATE: April 20, 2004 RE: Comm. No. 438/Bill No. 198 PLACE: Councilroom TIME: 2:25 p.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, Co which was referred Communication No. 438 and Bill No. 198, transmitted by Mayor Harry Kim, dated December 3, 2003, regarding a State Land Use Boundary Amendment application by Nani Kona Aina, LLC, at Hienaloli 2"° to 4'~, North Kona, Hawaii, TMK: 7-5-010:66, reports as follows: Bill No. 198 seeks to change the State Land Use Boundaries Map, H-7, by changing the District Classification for approximately 14.533 acres of land from the Agricultural to Urban District. Communication No. 438 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 No. 199 on November 7, 2003. The Commission voted to forward this request with an unfavorable recommendation. Communication No. 438 relates that the Commission voted against the Planning Director's recommendation for approval, in view of the fact that the developer could not remedy local congestion problems in the community. Communication No. 438, in synopsis, also reports the Planning Director's findings and recommendations as the following: I. The applicant, Nani Kona Aina, LLC, is requesting a State Land Use Boundary Amendment from Agricultural to Urban for approximately 14.533 acres of land identified as TMK: 7-5-10:66. 2. The subject property is Lot 6 of a consolidation re-subdivision action (SUB 2000-0066) that received Final Approval in July 2001. 3. CL&D One, LLC is the fee owner of the subject parcel. Nani Kona Aina, LLC, the applicant, is the managing member of CL&D One, LLC. Dan Bolton is the managing member of Nani Kona Aina, LLC. 4. The subject property is located south of Aloha Kona Drive and the Kona Heights Subdivision and makai ofHienaloli-Kahului Road. 5. The applicant intends to subdivide The property into a 43-lot, 10,000 square foot residential subdivision. 6. The approval of the State Land Use Boundary Amendment from Agricultural to [he Urban District is not inconsistent with the State of Hawaii Plan and the Hawaii County General Plan based on the following: PC Report No. 86 Communication 438 Bill 198 Page 2 • State Law enables counties to approve amendments to State District Classifications for parcels under 15 acres in size. The subject property for this re-districting request is 14.533 acres in size. • The subject property, while curcently within the State Land Use Agricultural Zoned Districts, has been used only periodically for pasture activities. • The County Zoning for the property up until 1996 was unplanned. In 1996 it was re- designated Agricultural 5-acre. A Change of Zone Request, Bill No. 199, is being processed concurrently. • The reclassification action complements the Housing goals, objectives and/or policies articulated in the Hawaii County General Plan by developing housing and opportunities. • The LUPAG designation for the area is Urban Expansion. The proposed use is consistent with the urban form as well as existing uses established for this area. Your Committee first considered this matter on February 3, 2004. At that meeting, both verbal and written testimonies requesting a public hearing be held in Kona were received. Planning Director Chris Yuen and Greg Mooers, representative for Nani Kona Aina, LLC, also provided the committee with background information about the origins and purpose of Bill No. 198. During discussion, Mr. Yuen explained that the application received a favorable recommendation from the Planning Department because the request coincided with the land use designation for the area. Further, he stated that the traffic problems in the area were pre-existing and an ongoing problem that could not be rectified by this project alone. Post discussion, members of this Committee voted to defer action on Bill No. 198 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, members of the public presented testimony against the legislation. Mr. Yuen and Mr. Mooers were also on hand and delivered presentations about the project. At today's meeting, your Committee circulated written communications and received verbal testimony relating to the legislation and accompanying Bill 199. Mc Mooers, assisted by Mc Fred Cowell, fielded questions from this Committee regarding the proposed development and related water and roadway improvements. Mr. Mooers also reassured members of this committee that this request was not segmentation as suggested by public testimony statements. During discussion, several Committee members expressed concern over the generation of traffic and the overall impact of this project on the region. Other members suggested that The project would fulfill a need for housing in the area and, therefore, would serve as a benefit to the public. Communication 438 BiH 198 Page 3 Post discussion, 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. 198 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 TULANG X TYLER X COMMITTEE ON PLANNING PC REPORT ADOPTED: