HomeMy WebLinkAboutREP PC 002 12/16/2008 2008-2010REPORT OF THE
COMMITTEE ON PLANNING
DATE: December 16, 2008
PLACE: Sheraton Keauhou Bay Resort and Spa
78-128 Ehukai Street
Kailua-Kona, Hawaii
TIME: 4:15 p.m.
Council Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Re: Comm. 1299.1Bill 322
(2006-2008)
Your Committee on Planning, to which was referred Bi11322, reports as follows:
Bill 322, transmitted via Communication 1299.1, from Mayor Harry Kim, dated July 2, 2008,
presents a Change of Zone Request by Kona Heights, LLC, at Kapalaalea 2"d, North Kona,
Hawaii, TMK 7-7-008:121.
Bill No. 322 seeks to amend Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25
(Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by changing the District
Classification from Agricultural - 5 Acre (A-Sa) to Single Family Residential-7,500 (RS-7.5) at
Kapalaalea, North Kona, Hawaii, covered by TMK 7-7-008:121, to allow development of a 65-
lot subdivision on the property.
The Planning Director recommended favorably on this request based on the following:
• The approval of the reclassification from the State Land Use Agricultural to the Urban
District will not be in violation of Section 205-2, Chapter 205, Hawaii Revised Statutes.
It is also consistent with the Land Use Commission Rules and the County General Plan.
• The Urban District request would be consistent with the goals and policies of the Land
Use element of the General Plan.
• The urban classification also conforms to the standazd that the development is within
reasonable proximity to centers of trading and employment and to basic services such as
schools,. police and fire protection, transportation systems and water.
• The property has no severe geological or topographical problems which cannot be
properly rectified or which would render the land unstable. The U.S. Federal Emergency
Management Agency Flood Insurance Rate Map (FIRM) designates the property as
Zone "X," areas outside of the 500-year flood plain. Any improvements to the property
_ , must comply with Chapter 27 of the County Code relating to Flood Hazard Control.
PC Report No. 2
Communication 1299.1
Bill 322
Page 2 of 3
• While the project site is situated within the State Land Use Agricultural and County's
Agricultural (A-Sa) zoned district, it is not currently being used for active agricultural
purposes. Surrounding azeas to the north and south of the property are designated Urban,
while land to the west and east aze designated Agricultural.
The property is not located in the Kahaluu Historic District, nor is it profiled as a
significant cultural and/or historic site in the General Plan. The archaeological inventory
survey identified 14 sites assessed as significant for their information content, nine sites
were recommended for mitigation through data recovery, and two sites were
recommended for preservation. Plans for data recovery and preservation/maintenance of
a burial feature will be detailed in sepazate respective plans prepazed for DLNR-SHPD
and the Hawaii Island Burial Council's review and approval. The project will not
impact the preservation sites. A protective buffer (fence) will be established around the
sites.
This matter was postponed from the November 6, 2008 meeting of the Planning Committee at
the request of the applicant.
At the December 16, 2008 Planning Committee meeting, public testimony was in favor of the
project. Discussion regazding Bill 322 was combined with its sister-bill, Bi11317.
Council Member Brenda Ford began the discussion by asking Steve Lim, attorney for the
project, and George Atta, a principle in the project, questions about the project. Council Member
Ford combined Bill 317 and Bill 322 in her questions. Council Member Ford stated that the law
demands that affordable housing be included on-site. She questioned the project's location of
the off-site affordable housing component. She also questioned if the proposed size of the lots
(4,500 sq. feet) is allowable in an RS 7.5 zoned azea. Council Member Ford was also very
concerned about intersections with Ali`i Parkway and La`aloa Avenue. She stated that other
exits must be included in the ordinance. She also stated that she will be making an amendment
pertaining to the affordable housing component. Council Member Ford stated that she will be
talking to Corporation Counsel and the Planning Department regarding her concerns.
Council Member Pete Hoffmann stated that the project needs to move forwazd. Council Member
Hoffmann stated that he will not be voting in favor of this project as long as the ordinance
contains language regazding "fair share".
Council Member Kelly Greenwell stated that he was in support of the project. Council Member
Greenwell stated that affordable housing concems need to be addressed now, not later.
Attorney Steve Lim informed your Committee that the project will be trying to attain a Leeds
certification. Mr. Lim stated that the project is consistent with the Kona Community
development Plan (KCDP). The project is in the Kona urban azea, and is an in-fill project. He
stated that the project has met with the approval with elements of the KCDP. He further stated
that that the project meets with concurrency requirements regazding water and roads.
PC Report No. 2
Communication 1299.1
Bil] 322
Page 3 of 3
Addressing the Committee's concerns about the location of the affordable housing component,
Mr. Lim stated that the planned azea for the affordable housing will place it in a nicer area,
convenient to a planned pazk and to the retail component of the project. This utility is in keeping
with the Smart Growth principles which becoming integrated into the County's planning. He
also stated that affordable housing is governed by Chapter 11. He stated that final approval of
the 65 homes will not be granted until the affordable housing is recorded on its location.
Council Member J Yoshimoto moved to amend Bi11322 with the amendments proposed via
Communication 1299.6. The proposed amendments added La`aloa Avenue as an alternate
improvement in Alternate 2 of Condition "H". There were seven "aye" votes in favor of the
motion to amend. Council Member Brenda Ford voted "no". Council Member Dominic Yagong
was absent and did not vote.
Your Committee on Planning is in accord with the purpose and intent of Bi11322, as amended to
Draft 2, and recommends it pass first reading.
awm
AYES ~ NOES A&E EX
ENRIQUES X
FORD X
GREENWELL X
HOFFMANN X
IKEDA X
NAEOLE X
ONISHI X
YAGONG X
YOSHIMOTO X
Respectfully submitted,
COMMITTEE ON PLANNING
DONALD IKEDA, CHAIR
PC REPORT NO. 2
ADOPTED: JAN 0 7 2009
PC Report No. 2