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Home My WebLink AboutREP PC 124 11/23/2004 2002-2004REPOR'T' OF THE COMMITTEE ON PLANNING DATE: November 23, 2004 RE: Communication No. 848/Bill No. 367 PLACE: Councilroom TIME: 1:40 p.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Communication No. 848 and Bill No. 367, transmitted by Mayor Harry Kim, dated October 19, 2004, regarding a Change of Zone request application by Kona Hale Alii, LLC, at Auhaukeae I" North Kona, Hawaii, TMK: 7-5-9:portion of 54 & 67, reports as follows: Bill No. 367 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 for approximately 6.2 acres of land from an Agricultural I-acre (A-I a) and Resort-Hotel 1,250 square foot (V-1.25) to Multiple-Family Residential 2,500 square foot (RM-2.5). Communication No. 848 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 October 1, 2004. At this meeting, the Commission concurred with the Planning Director's favorable recommendation for your approval of this matter. Communication No. 848, in synopsis, also reports the Planning Director's findings and recommendations as the following: 1. The applicant, Kona Hale Alii, LLC, is requesting a Change of Zone for approximately 6.2 acres of land identified as 'TMK: 7-5-9 portion 54 & 67 from an Agricultural 1-acre (A-1 a) and Resort-Hotel 1,250 square foot (V-1.25) to Multiple-Family Residential 2,500 square foot (RM-2.5). The applicant is the owner of the property. Map Exhibit A further delineates the parcel. 2. The applicant intends to construct ninety-two 2 and 3 bedroom condominiums and twenty-three four- plex buildings within 85 structures. 'The maximum height proposed for these structure is two stories. The estimated cost of the project is $20,000,000. This request is different that the original plan to develop the parcel, which proposed an RO-unit condominium approximately four stories in height. 3. 'T'he property is located on the south side of Hualalai Road at Hienaloli 6°i and Auhaukeae I" in North Kona. Hawaii. 4 . Access to the site is primarily provided from Hualalai Road, a County Roadway. Two accesses from this roadway are proposed for this project. One access will be gated and serve as an emergency road only. 5 . The subject parcel is also in the Kailua Village Special District. The applicant reports that, accordingly, the application will be submitted for review by the Kailua Village Design Commission. 6 . All utilities and services are or as part of this project will made available [o the property. ~ . '1"he approval of the Change of Zone request from an Agricultural I -acre (A-1 a) and Resort-Hotel 1,250 square foot (V-I:LS) to Multiple-Family Residential 2,500 square foot (RM-2.5) will result in an appropriate land use pattern that will further benefit the public based on the following: Report No. 124 Communication 848 Bill 367 Page 2 • The request is supportive of the Land Use Elements of the Hawaii County General Plan. The General Plan LUPAG Map designation for the area is Medium Density Urban. The request and proposed use conforms to this designation as well as the projected need of urban growth for this area. • 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. • The Master Plan for Kailua-Kona, adopted by Council Resolution in 1996, recommends that Commercial/Residential mixed uses be developed for this area. The proposed project conforms to this concept by providing residential development in the 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 Rc;quest is not contrary to Chapter 205A, Hawaii Revised Statutes. The property is not situated within the Special Management Area. It is located approximately 1/4 mile away from the coastline. • The Flood Insurance Rate Map (FIRM) identifies a majority of parcel as "X" or outside the 500-year flood plain. • Dr. Paul Rosendahl, Ph.D, performed an Archeological Reconnaissance Survey on the parcel. Rechtman Consulting, LLC, completed an update of the survey in 2004. The update confirmed several sites for preservation. The applicant will be required to complete management and a preservation plan for identified sites in the areas will be required. 8 . Requisite of the Planning Director's favorable recommendation for the Change of Zone request are approximately twenty-two conditions contained in Bill No. 367 that outline specific requirements for the proposed project. At today's meeting, Chris Yuen, Director, Planning Department, and Sidney Fuke and Robert Saunders, representative of the applicant, provided this Committee with background information about the origins and purpose of Bill No. 357. All three explained that the proposed project is a substantial improvement over the previous submittals, specitically in terms of size. Mr. Fuke also explained that the bottom property, which is not a part of this project, may contain additional archeological sites. As a result, it would be subdivided out of the project site. During discussion, members of this Committee agreed that the proposal was an improvement but expressed concern over protection of cultm•ally significant archeological sites. This matter was temporarily tabled in Committee to allow the Planning Department and the applicant time to draft an acceptable condition to address this concern. Communication 848 Bill 367 Page 3 Post the tabling action, members of [his Committee voted to amend Bill No. 367 with the following: Condition J. "...A copy of the approved Final Archaeological Preservation and Burial Treatment Plan shall be submitted to the Planning Director for its files prior to submitting plans for Final Plan Approval review or prior to the issuance of any land alteration permits, whichever occurs first [ ' .] ~rooriate interim preservation buffers and measures acceptable to the Planning Director shall be installed between any historic sites in the zoned areas before anv land disturbance occurs on the proaerty. A separate Preservation Flan for that portion of TMK: 7-5-9:54 that is zoned A- I a shall be submitted to SHPD prior to any mechanical disturbance or issuance of any land disturbance hermit of that area." New Condition K. "Prior to submittal of plans for a building permit or within 6 months of the effective date of this ordinance, whichever is sooner, the applicant or its successors and assigns, shall submit a proposed coven;mt to be recorded with the State of Hawaii Bureau of Conveyances to the Planning Director for review and approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conve ay nces. Said restrictive covenant, recorded aeainst TMK: 7-5-09: 54 that is zoned A-1 a, shall acknowledge that the applicant or its successors or assigns has consented to aCounty-initiated rezoning of the A-I a zoned area into the Open district and the prohibition of any development or improvement of that area in such a wav as to interfere with or ne atg ively affect the archaeological and historic features of such area, as determined by the State Historic Preservation Office. Furthermore, no mechanical disturbance or land disturbance permit for the parcel shall occur or be issued until the covenant has been duly recorded." Condition M (Condition N, Draft 2). T'he applicant shall comma with all applicable Count State and Federal laws, rules, re u¢ lations and requirements. [ 4. Condition N. (Condition O, Draft 2) Standard Council In lieu Language added. 5. Conditions re-alphabetized as necessary. 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. Communication 848 Bill 367 Page 4 Your Committee on Planning is in accord with the intent and purpose of Bill No. 367, as amended to Draft 2, and recommends it pass first reading. Ctd AYES NOES A&E EX ARAKAKI X CHUNG X ELARIONOFF X HOLSCHUH X JACOBSON X REYNOLDS X SAFARIK X TULANG X 'TYLER X C MMITTEE ON PLANNIN 1 p Leningrad Elarionoff, Chair `/i__ PC REPORT NO. 124 ADOPTED: APJ~