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HomeMy WebLinkAboutREP PC 087 04/20/2004 2002-2004REPORT OF THE COMMITTEE ON PLANNING DATE: April 20, 2004 RE: Comm. No. 438/Bill No. 199 PLACE: Councilroom TIME: 2:25p.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Communication No. 438 and Bill No. 199, transmitted by Mayor Harry Kim, dated December 3, 2003, regarding a Change of Zone request application by Nani Kona Aina, LLC, at Hienaloli 2"d to 4th, North Kona, Hawaii, TMK: 7-5-010:066, reports as follows: Bill No. 199 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 14.533 acres of land from Agricultural-5 acres (A-Sa) to Single Family Residential 10,000 Square Feet (RS-I0). 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. 198 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 Directors 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: 1. The applicant, Nani Kona Aina, L,LC, 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 aconsolidation\re-subdivision action (SUB 2000-0066) that received Pinal Approval in July 2001. 3. CL&D One, LLC is the fee owner of the parcel. Nani Kona Aina, LLC, is the managing member ofCL&D One, LLC. Dan Bolton is the managing member of Nani Kona Aina, LLC. 4. The subject property is located between Aloha Kona Drive and the Kona Heights Subdivision, in Hienaloli, North Kona. 5. "I'he applicant intends to subdivide the property into a 43-lot subdivision containing lots approximately 10,000-square feet in size. The applicant will not build homes on the lots, but does intend to place a restrictive covenant prohibiting ohana or second dwellings on each lot. 6. Access to the project is proposed through Nani Kailua Drive. The applicant reports that he is also working with nearby landowners to create a new access to the Hawaii Belt Road south of the Nani Kailua intersection. 7. All utilities are or will be made available to the project site and constructed underground PC Report No. 87 Communication 438 Bill 199 Page 2 8. The approval of the Change of Zone request from Agricultural (A-Sa) to Residential (RS-10) zoned district will conform to Land Use and Housing Elements of the General Plan based on the following: • An amendment to the State Land Use Boundary Map from an Agricultural to Urban District (Bill No. 198) is being concurrently processed for the proposed subdivision development. Upon the adoption of this amendment, the proposed Change of Zone request will be consistent with the proposed Urban District Designation. • The subject property, while currently within the State Land Use and County Agricultural Zoned Districts, is not actively used for agricultural purposes other than periodic pastoral activities. • The reclassification action complements the Housing goals, objectives and/or policies articulated in the Hawaii County General Plan by providing housing options. • The LUPAG designation for the area is Urban Expansion. Current land uses in the area are a mix of residential and agricultural uses. The proposed use is consistent with the existing uses already established for this area. The proposed development, a new low-density residential project, is also consistent with the urban form depicted for the region. • 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 "D" or "poor". • 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 I.50 miles away from the coastline. • The Flood Insurance Rate Map (FIRM) identifies a majority of the parcel as outside the 500- year flood plain. Approximately, 40,000 square feet of the parcel which is adjacent to the Hienaloli Drainage is rated "AE" or inside the flood plain. The applicant has requested a Letter of Map Revision (LOMR) from FEMA. However, compliance to Chapter 27, Flood Control Hazard, of the Hawaii County Code will be required by the applicant. • The Kona Regional Plan, adopted by Council Resolution in 1984, recommends for this area a residential density of four units per acre. The proposed residential subdivision is not inconsistent with the recommendation of this regional plan. • An Archaeological Mitigation Plan conducted by Haun and Associates in September 2001 revealed 22 significant sites with 134 component features. Five of the sites were recommended for data recovery. The landowner decided to have four of the five sites preserved. None of these sites are located on the parcel within this Change of'Zone request. The Historic Preservation Division has reported that no historic properties will be affected by Chis undertaking. Communication 438 Bill 199 Page 3 9. Requisite of the Planning Director's favorable recommendation for the Change Of Zone request is approximately twenty-six conditions contained in Bill No. 199 that outline specific infrastructure improvements and access route requirements for the project. Your Committee first considered this matter on February 3, 2004. At that time, Planning Director Chris Yuen and Greg Mooers, representative for Nani Kona Aina, LLC, provided this committee with background information about the origins and purpose of Bill No. 199. Mr. Yuen explained that his favorable recommendation for this application is based on the fact that the proposed project is consistent with the Urban designation for the area. He further added that this project could not single-handedly address the issue of traffic congestion in Kona. At this meeting, both verbal and written testimonies requesting a public hearing be held in Kona were received. Your committee voted to defer action on Bill No. 199 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 regarding the proposed project highlighting issues of traffic, infrastructure inadequacies and other developments in the area. Mr. Yuen and Greg Mooers also attended this hearing and provided background information about the proposed development as well as the General Plan. Mc Yuen reiterated his earlier statements about the appropriateness of the project in relation to the surrounding area. At today's meeting, your committee circulated written communications and received verbal testimony in relation to the Bill 199 and accompanying Bill 198. During discussion, Mr. Mooers, assisted by Mr. Fred Cowell, fielded questions in relation to the proposed development and related water and roadway improvements. Mr. Mooers suggested that the problem of traffic would not necessarily be intensified by the addition of 43 units. Mr. Fred Cowell explained the specifics of a planned water improvement project. Mr. Cowell and Mr. Mooers also exerted that this multi-million dollar water project is amuch-needed improvement for the area. They also informed members that the water project would be a cooperative effort dependent on the participation of landowners and regulating agencies like the Department of Water Supply. Mr. Mooers also requested that members of this Committee and the Council actively investigate others avenues, such as Mello-Roos and Tax Increment Financing, to fund needed infrastructure improvements for the Kona District. During discussion, several Committee members also 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 Bill 199 Page 4 Post discussion, Your Committee voted to amend Bill 199 with the following: Condition V. Replace with standard language requiring Council approval of"in-lieu" and also include contributions amount. 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. 199, as amended to Draft 2, to [he 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 NO. ADOPTED: J