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HomeMy WebLinkAboutREP PC 093 09/23/2008 2006-2008REPORT OF THE COMMITTEE ON PLANNING DATE: September 23, 2008 Re: Comm. 1444Bi11364 PLACE: Councilroom Ben Franklin Building, 2"d Floor 333 Kilauea Avenue Hilo, Hawaii TIlVI>J: 2:30 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bi11364, reports as follows: Bill 364, transmitted via Communication 1444 from Mayor Harry Kim, dated September 5, 2008, presents an amendment to Ordinance No. 465, effective August 29, 1979, which reclassified lands from Agriculture 1-Acre (A-la) to Neighborhood Commercial 7,500 square feet (CN-7.5), by AMY B. H. GREENWELL ETHNOBOTANICAL GARDEN, at Kealakekua, South Kona, Hawaii, TMK: 8-2-13: portion 2. The effective date of Ordinance No. 465 was August 29, 1979. Bill 364 seeks to amend Ordinance No. 465 to delete Condition A (submittal of subdivision) and to amend Condition B (construction timetable). The original intent of Ordinance No. 465 was to subdivide the subject property into three (3) lots, selling one of the lots, and the other two lots were intended to be developed with roadside shops and atwo- or three-story office-professional complex. Applicant is also requesting a 3-year extension of time to comply with Condition B of Change of Zone Ordinance No. 465 which requires that construction of commercial structures shall commence within one (1) year from receipt of final subdivision approval, and that construction be completed within two (2) years thereafter. The previous owner of the property (Amy B. H. Greenwell Trust and American Trust Co. of Hawaii, Inc.) did not construct the commercial project as required by Condition B of Change of Zone Ordinance No. 465. The applicant no longer wants to subdivide the parcel (required under Condition A), and instead is requesting time extensions to construct a visitor education center and parking lot to enhance the existing Amy Greenwell Ethnobotanical Garden currently operating on two properties located to the northwest. The applicant is proposing to construct asingle-story building approximately 1,600 square feet in size that will include exhibit space, offices, restrooms, and a 15-space parking lot with accessible stalls in Phase I. If funding is secured in the future, applicant proposes to include program space and possible expansion of the parking lotto approximately 50 spaces. PC Report No. 93 Communication 1444 Bi11364 Page 2 of 3 The Planning Commission concurred with the Planning Director's reasons for recommending a favorable consideration of applicant's extension request and notes the following: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of applicant, its successors and assigns, and that are not the result or their fault or negligence. 2. The previous owner did not construct the commercial project required under Condition B and the new owner, Bishop Museum, is requesting athree-year time extension to construct the visitor education center and parking lot for the Amy Greenwell Ethnobotanical Garden. 3. The new owner, who purchased the property in 2000 was made aware by the Planning Department that the previous owner did not comply with conditions of approval of Change of Zone Ordinance No. 465. Applicant has requested to amend several conditions to come into compliance with Change of Zone Ordinance No. 465. 4. The subject property, currently vacant of structures and uses, is located on the northwest corner of the Mamalahoa Highway - Road E junction. Road E is an unimproved County road lot that runs along the southeast boundary of the subject property. Surrounding land uses include Greenwell Park, Yano Hall, Manago Hotel, other commercial uses, single- family residences, agricultural uses and vacant land. 5. Access to the visitor education center is proposed to be from the Mamalahoa Highway. Applicant is proposing to obtain an easement from the Department of Parks and Recreation over a small corner of Arthur Greenwell Park to gain access from the highway. 6. The Department of Public Works recommends that applicant provide improvements to the road lot running along the entire southeast frontage of the property, including intersection improvements with Mamalahoa Highway, 20-foot wide pavement lane and concrete curb, gutter and sidewalk, drainage improvements, and any relocation of utilities. If applicant secures an easement from the Department of Parks and Recreation and shares access with Greenwell Park and Yano Hall, the Department of Public Works recommends that any access through the road lot not compromise future improvement of the road lot to dedicable standards. 7. Approval of the request would not be contrary to the General Plan or the Zoning Code, or the original reasons for granting the Change of Zone. 8. County water is available to the property and applicant will comply with wastewater requirements. All other essential utilities and services are available to the subject property. At the September 23, 2008 Planning Committee meeting, there were no public testifiers. Applicant representative Mr. Peter Van Dyke and consultant Greg Mooers were present at the Kona Council office via videoconference. Mr. Mooers explained that the property was rezoned by a previous owner who had plans to subdivide the property and develop a commercial operation, but later sold the property to the Bishop Museum in the year 2000. Mr. Mooers stated that when the transfer was made to Bishop Museum the intent was to develop a visitor center on the property and the balance of the property would be involved with the existing ethnobotanical garden. Mr. Mooers explained that the two changes to the ordinance were to Condition B which initially required the project to be built within five years but that the time had lapsed prior to the transfer to Bishop Museum. The current request allows Bishop Museum three years to complete construction of the visitor center and PC Report No. 93 Communication 1444 Bi11364 Page 3 of 3 since the entire property is part of the gardens, it was not necessary to subdivide the parcel and„ therefore the second amendment is to delete Condition A that required subdivision of the property. Councilmember Ford expressed support of the proposal but had concerns regarding the language of Condition E which provides that uses other than a visitor center would require that certain improvements be made. Ms. Ford stated she supports Bi11364 solely because of the visitor education center: and if future commercial use of the property, other than a visitor center is developed, there would be serious drainage issues that concerned her. Mr. Van Dyke expressed that the Museum had no intentions of developing anything other than a visitor center and that in their long-term plan, they would also like to build a community center of modest size (1,000 square feet) in which to conduct programs for the community.. Mr. Van Dyke stated other than that the Museum has no plans, intent or funds to do anything else. Committee Chair Pilago noted that Communication 1444.1 from the Planning Department proposes two minor amendments. Planning Director Yuen explained that the Department made a mistake and inserted the wrong ordinance number "479" which should have read "465" and failed to insert an end bracket.. Mr. Yuen asked that the bill move forward as corrected and that the proposed . amendments be considered friendly amendments for housekeeping and clarification purposes. ; Your Committee on Planning is in accord with the purpose and intent of Bill 364, as amended to Draft 2, and recommends it pass first reading. and AYES NOES A&E EX FORD X HIGA X HOFFMANN X IIZEDA X JACOB50N X NAEOLE ~ X PII.AGO ~ X YAGONG ~ X YOSHIMOTO X Respectfully submitted, COMMITTEE ON P G ~~ K. ANGEL PILA ,CHAIR j / , PC REPORT NO. 93 AnoPTEn: Q~T D Q.~, f.~A