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HomeMy WebLinkAboutREP PC 084 05/05/2008 2006-2008 REPORT OF THE COMMITTEE ON PLANNING DATE: May 5, 2008 Re: Comm. 1192/Bill 293 PLACE: Sheraton Keauhou Bay Resort and Spa 78-128 Ehukai Street Kailua-Kona, Hawaii TIME: 2:30 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill 293, reports as follows: Bill 293, transmitted via Communication 1192 from Mayor Harry Kim, dated April 21, 2008, presents an amendment to Change of Zone Ordinance No. 07-40 (Condition G) by CLARK REALTY CORPORATION, which rezoned 21,050 square feet of land from Limited Industrial - 20,000 square feet (ML-20) to Industrial- Commercial Mixed Use - 20,000 square feet (MCX-20). The property is located along the west side of Kanoelehua Avenue, approximately 95 feet north of the Kanoelehua Avenue-Hualani Street intersection, Waiakea House Lots, First Series, Waiakea, South Hilo, Hawaii, TMK: 2-2-35: 47. Applicant is requesting to amend Condition G of Ordinance No. 07-40 which changed the district classification from ML-20 to MCX-20 to allow the construction of an approximately 8,532-square foot two-story office building and related improvements. The County Wastewater Division previously recommended that the project connect to the County sewerline and Condition G of Ordinance No. 07-40 requires such connection. A January 18, 2008 letter from the Department of Environmental Management states the project is exempt from hookup to the County sewerline since a County sewerline does not exist within Kanoelehua Street. Due to the high cost that would be required to extend the County sewer system to the subject property, the applicant proposed installing individual wastewater systems. The Planning Commission concurred with the Planning Director's reasons for recommending favorable consideration of the request. • Ordinance No. 07-40 became effective on April 4, 2007; • Pursuant to the recommendation of the County Wastewater Division, Condition G requires that the project shall connect to the existing County sewerline prior to issuance of a Certificate of Occupancy; PC Report No. 84 Communication 1192 Bill 293 Page 2 of 3 • By letter dated January 18, 2008, the Department of Environmental Management advised that the project is exempt from hookup to the County sewer line since a County sewer line does not currently exist within Kanoelehua Street. The letter also states that a high expenditure would be required to extend the sewer system to service the property, • The non-performance is the result of conditions that could not have been foreseen or are beyond the control of applicant and not the result of applicant's fault or negligence. At the May 6, 2008, Committee on Planning meeting, no public testimony was presented on this matter. Applicant representative, Barry Francis, was present and explained that at the time of their change of zone request, they were under the impression that a County sewer line existed in the vicinity of their project. Comments expressed by Councilmember Jacobson and Ford related to the unfortunate situation that the County does not already have a sewer line system servicing this and other areas and therefore were unable to support the amendment because they both felt that a County sewer system is definitely needed. Councilmember Yagong noted that the law currently provides that if a lateral sewer line exists, hookup is required and therefore felt that the proposed amendment was appropriate. Councilmember Ford expressed concern that regardless if the law already provides for hookup to a County sewer system, she felt the condition language should also include a statement that if a County sewer line is established in the future that the applicant is required to hook up, thereby giving fair warning to the property owner of the hook up requirement. Councilmember Higa stated he would prefer to check with Corporation Counsel and the Department of Public Works to ensure that the current language is adequate. Mr. Higa noted his support but wanted to continue dialog with the applicant and the Planning Director if this is in fact, the appropriate language. Councilmember Yagong stated that one of biggest complaints he's aware of in his district is that residents did not know they had to hookup to a County sewer line. Therefore, he also felt that having language embedded within a Condition is a way to give fair warning to people who purchase lots in this subdivision that in the future that they will have to hook up to a County sewer line once it is established. PC Report No. 84 i I Communication 1192 Bill 293 i Page 3 of 3 I t i Your Committee on Planning is in accord with the purpose and intent of Bill 293 and recommends it pass first reading. and i I f i i I I AYES NOES A&E EX Respectfully submitted, FORD X 1HGA X COMMITTEE ON PLANNING HOFFMANN X MDA X JACOBSON X NAEOLE X K. ANGEL PILA , CHAIR PILAGO X YAGONG X PC REPORT NO. 84 YOSHIMOTO X ADOPTED: JUN 0 3 2008