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Home My WebLink AboutREP PC 110 10/05/2004 2002-2004REPORT OF THE COMMITTEE ON PLANNING DACE: October 5, 2004 RE: Communication. No. 770/Bill No. 327 PLACE: Councilroom TIME: 1:35 p.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Communication No. 770 and Bill No. 327, transmitted by Mayor Harry Kim, dated September 22, 2004, regarding an amendment to Change of "Lone Ordinance No. 91-71 request by Kona Oasis, Inc. at Puaa 2nd, North Kona, TMK: 7-5-9: 40 (2.23-acres) reports as follows: Bill No. 327 seeks to amend Change of Zone Ordinance 91-71, which rezoned approximately 2.23-acres of land from Multiple Family Residential 1,000 square foot (RM-1) to the Resort- Hotel 1,000 square foot (V-1) district, with the following: • Condition B. (Time Extension). Allows an additional year (l year) for the applicant to apply for a SMA permit for the project. Condition D, E, F. (New Conditions- Roadway improvements, Fair Share contributions and Affordable Housing requirements) Mandates specific roadway improvements, fair share contributions and affordable housing requirements that were not included in the original Change of Zone Ordinance. • Various grammatical, re-alphabetizing and numbering corrections. Communication No. 770 reports that the Hawaii County Planning Commission, as required by the Hawaii County Charter, Article VI, Chapter 4, Section 6-4.3(c), considered the above request on September 2, 2004. At this meeting, the Commission concurred with the Planning Director's favorable recommendation for approval of this matter. Communication No. 770, in synopsis, describes the Planning Director's Findings and Recommendations as the following: The applicant, Kona Oasis, Inc., is the owner of 2.23 acres of land identified as TMK 7-5-9:40. The property is located between Alli Drive and Kuakini Highway adjacent to the Kona Billfisher and Kona Mansions Condominium complexes. 2. Ordinance No. 89-54, effective April 1989, changed the district classification of the subject property to Resort-Hotel 1,000 square foot (V-1). The applicant intended to construct a 93-unit condominium project with commercial office and residential space. Report No. 110 Communication 770 Bill 327 Page 2 3. Condition B of Ordinance No. 89-54 required that the applicant file a SMA Use Permit application within one year from the effective date of the ordinance. An administrative extension was granted in April 1991 to afford the applicant more time to comply with this condition. 4. Ordinance No. 91-71, effective on July 1991, amended Ordinance 89-54 by allowing an additional year to comply with Condition B. A second administrative extension was granted in July 1992. 5. The applicant was notified in October 1993 that the deadline to comply with Condition B had lapsed. 6. The applicant, in November 2003, submitted a formal request to amend Condition B of Ordinance No. 91-71. The applicant also reported that several economic and financial factors had caused a delay in compliance with Condition B and that they were now ready to proceed. They also expressed a desire to have both the extension request and SMA Permit application heard simultaneously. 7. Granting of the time extension would not be contrary to the General Plan or for the original reasons for granting the rezoning request based on the following: ^ The General Plan LUPAG Map designates this area as Medium Density Urban and Resort. The Kona Master Plan for Kailua-Kona adopted by Resolution No. 371-98 identifies this area as High Density Residential. This request is not contrary to these designations. At today's meeting, Planning Director Chris Yuen provided this committee with background information about the origins and purpose of Bill No. 327. Mr. Yuen explained the tests applied to and justification for imposing new conditions on an already approved rezoning. According to Mc Yuen, the new conditions proposed in Bill 327 are warranted. An opinion from the Office of the Corporation Counsel dated May 7, 1991 regarding this matter was circulated in the meeting. A letter from the applicant's representative, Sidney Fuke, informing members that he will not be present at today's meeting and discussing various conditions proposed in Bill 327, was also circulated. During discussion, this Committee questioned the rationale and justification for continually allowing extensions. Members of the Committee suggested that there should come a point where the zoning would revert or lapse. Also during discussion, the appropriateness of Condition H was questioned due to the fact that the State usually maintains authority over the preservation of archeological sites. Mr. Yuen reported that the State's area of regulation is normally restricted to the location and preservation of burials only and not other archeological sites. Condition H would apply to other sites as well. Communication 770 Bill 327 Page 3 Post discussion, Your Committee requested that the Planning Department forward a complete copy of the application, requested the Mr. Yuen review the language in Condition I and voted to amend Bill 327 with the following: Condition E. The applicant shall provide a 5-foot wide road widening setback along [c°as@.;,c°-ili] the Alii Drive/Walua Road frontage...The applicant shall provide full improvements to the entire frontage along Alii Drive/Walua Road and collector street improvements to realign the intersection of Walua Road and Alii Drive, meeting the approval of the Department of Public Works, consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any relocation of utilities...(Comm.770.l); 2. Condition 1. Should any unanticipated archaeological sites be uncovered during land preparation activity, work within the affected area shall cease immediately and the Planning Director notified. Work within the affected area shall not resume until clearance is obtained from the Planning Director; 3. Condition J. [T" " a c ,. a:,..,°,.°i .."°n ..,°°. .. :." ."° .,Yr.° ,°i °F."o °Yr or '~ sw,~°-~-~--°~~°' °~-°~°~°°•] The applicant shall be required to hook up to the County sewer a_ . ______________ _a______.,, s S_y tem; 4. Condition K. [ , "°" "° °°--~-'~°a ~~~~'"] The applicant shall comply with all applicable County State and Federal laws, rules, regulations and requirements; 5. Condition L. ... In lieu of paying the fair share contribution, the applicant may construct and contribute improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities, and roads within the region impacted by the proposed development, [ .] subiect to the review and recommendation of the Planning Director upon consultation with the appropriate agencies and approval of the Hawaii County Council. 6. Condition P. [An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances; 1) the non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence; 2) granting of the time extension would not be contrary to the general plan or zoning code; 3) granting of the time extension would not be contrary to the original reasons for granting of the change of zone; 4) the time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year); and 5)] [i]If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Further, should any of the conditions not be met or substantially complied with in a r ® • Communication 770 Bill 327 Page 4 timely fashion, the Planning Director shall initiate rezoning of the area to its original or more appropriate designation. Your Committee concurs with the Planning Commission and the Planning Director's favorable recommendation for approval of the amendments to Change of Zone Ordinance 91-71. Your Committee on Planning is in accord with the intent and purpose of Bill No. 327, as amended to Draft 2, and recommends it pass first reading. AYES NOES A&E EX ARAKAKI X -,,,�COMMITTEE ON PLANNING CHUNG X 0\:' t 10 1 ELARIONOFF X s -1 lb a Jam, 1 HOLSCHUH X • JACOBSON X REYNOLDS X Leningrad Elarionoff, air SAFARIK X PC REPORT NO. 110 TULANG X ADOPTED: I 14® 2004 TYLER X