HomeMy WebLinkAboutREP PC 023 03/17/2009 2008-2010
REPORT OF THE
COMMITTEE ON PLANNING
DATE: March 17, 2009 Re: Comm. 146/Bill No. 31
PLACE: Sheraton Keauhou Bay Resort and Spa
78-128 Ehukai Street
Kailua-Kona, Hawaii 96740
TIME: 3:15 p.m.
Council Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Bill No. 31, reports as follows:
Bill No. 31, transmitted via Communication No. 146 from Mayor William P. Kenoi, dated
February 3, 2009, presents a Time Extension Request by Samson, LLC, at Hienaloli 4th and 5th,
North Kona, Hawaii, TMK: 7-5-10:Portion of 13 (formerly 7-5-23:63).
Bill No. 31 seeks to amend Condition C (Final Plan Approval and Completion of Construction)
of Ordinance No. 06-138, which rezoned 45,411 square feet of land from Multiple Family
Residential - 2,000 square feet (RM-2) to Village Commercial - 7,500 square feet (CV-7.5).
The project area is located along the north side of Hualalai Road, adjacent to the Aloha Kona
Subdivision, Hienaloli 4 h and 5th, North Kona, Hawaii, TMK: 7-5-10: Por. 13.
Communication No. 146 reports that the Hawaii County Planning Commission, as required by
Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, considered the above request at its meeting on
January 22, 2009. The Commission concurred with the Planning Director's reasons for -
recommending favorable consideration of the request. Communication No. 146 transmits the
following findings and recommendations:
Upon review of the request, the Planning Director recommends that a favorable recommendation
to amend Condition C (Final Plan Approval and Completion of Construction) of Ordinance
No. 06-138 be forwarded to the County Council. Since this recommendation is made without the
benefit of public testimony, the Director reserves the right to modify and/or alter this position
based upon additional information presented at the public hearing. This favorable
recommendation is based on the following findings:
1. The applicant requests an extension of time to Condition C (Final Plan Approval and
Completion of Construction) of Ordinance Nos. 06-138. Condition C states:
"C. Construction of the proposed development shall be completed within five (5)
years from the effective date of this amendment. Prior to construction, the
applicant, successors or assigns shall secure Final Plan Approval for the amended
proposed development from the Planning Director in accordance with
PC Report 23
Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code within two (2)
years from the effective date of this amendment. Plans shall identify all existing
and/or proposed structures, paved driveway access and parking stalls associated
with the proposed development. Landscaping shall also be indicated on the plans
for the purpose of mitigating any adverse noise or visual impacts to adjacent
properties in accordance with the requirements of Planning Department's Rule
No. 17 (Landscaping Requirements)."
2. The non-performance is the result of conditions that could not have been foreseen or
are beyond the control of the applicant(s), successors or assigns, and are not the result of
their fault or negligence. The applicant states "the recent global, national and local
economic picture has undergone historic changes, which has proved even more
significant for the real estate development business. As a result of these events, the
project funding sources have decided to temporarily hold-off on firm commitments, thus
preventing the applicant from securing the financing necessary to obtain Final Plan
Approval and payment of the fair share contributions under Ordinance Nos. 06-137 and
06-138." The applicant anticipates that the financial markets will stabilize in the near
term, allowing them to continue with the development of the project.
3. Granting of the time extension would not be contrary to the General Plan or Zoning
Code. The General Plan LUPAG Map designates the area as Medium Density Urban.
The property is zoned Multiple Family Residential (RM- 2.5) and Village Commercial
(CV-7.5), which allows for multiple family residential uses. Both zoning designations
are consistent with the existing General Plan designation for this area. All essential
utilities and services are available to the site. Compliance with all other conditions of
Ordinance No. 06-138 is still required.
Based on the above findings, the proposed amendment to Condition C of Ordinance Nos. 06-138
is not contrary to the original reasons for approving the Change of Zone. In addition, the
Planning Director recommends that existing conditions in the ordinances be revised to reflect the
current standard language for conditions of approval. It is recommended that a favorable
recommendation be forwarded to the County Council with the following changes (material to be
deleted is bracketed and struck through; material to be added is underscored):
A. The applicant, successors, or assigns shall be responsible for complying with all
of the stated conditions of approval;
B. The required water commitment payment shall be submitted to the Department of
Water Supply in accordance with its "Water Commitment Guidelines Policy"
within [ninet-y (90 one hundred eighty (180) days from the effective date of this
amendment.
C. Construction of the proposed development shall be completed within five (5)
years from the effective date of this additional amendment. Prior to construction,
the applicant, successors or assigns shall secure Final Plan Approval for the
amended proposed development from the Planning Director in accordance with
Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code [VAthin two (2)
years of the effeetive date of this amendment. Plans still identify all o :a.ti«R
stalls a,
.,proposed ».a.». i ..........°.y vvew and u Yua parn:nuccd
PC Report 23
with the « sed development. T ands.,,«:«.. ..hall else be indioated en the plans
for the Yufpo..e of mitigating ...:.j adverse noise ..o......:au.,..u to adjacent
es in •danee with the requirements of Planning De«....t...,. ,s D 1
NE). 17 (Landseaping Requirements)].
D. The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the property with respect to parks and recreation, fire, police,
solid waste disposal facilities and roads. The fair share contribution shall become
due and payable prior to receipt of Final Plan Approval or within five years from
the effective date of this amended change of zone ordinance, whichever occurs
first. The fair share contribution for each lot shall be based on the actual number
of residential units developed. The fair share contribution in a form of cash, land,
facilities or any combination thereof shall be determined by the County Council.
The fair share contribution may be adjusted annually beginning three years after
the effective date of the amendment to the ordinance, based on the percentage
change in the Honolulu Consumer Price Index (HCPI). The fair share
contribution shall have a maximum combined value of [$6;65340] $7,383.36 per
multiple family residential unit ([$10,368:57] $11,506.13 per single family
residential unit). The total amount shall be determined by the actual number of
units according to the calculation and payment provisions set forth in this
condition. The fair share contribution per multiple-family residential unit (single
family residential unit) shall be allocated as follows:
1. [$3,72] $3,642.00 per multiple family residential unit ([$4,999.91]
$5,548.46 per single family residential unit) to the County to support park
and recreational improvements and facilities;
2. [$103.73] $115.11 per multiple family residential unit ([$241.20] $267.66
per single family residential unit) to the County to support police facilities;
3. [$349:07] $354.08 per multiple family residential unit ([$476.39] $528.66
per single family residential unit) to the County to support fire facilities;
4. [$-142.34] $158.81 per multiple family residential unit ([$208:571 $231.45
per single family residential unit) to the County to support solid waste
facilities;
5. [$2,806:46] $3,114.36 per multiple family residential unit ([$4;44330]
$4,929.90 per single family residential unit) to the County to support road
and traffic improvements.
In lieu of paying the fair share contribution, the applicant may contribute land
and/or construct improvements/facilities related to parks and recreation, fire,
police, solid waste disposal facilities and roads within the region impacted by the
proposed development, subject to the review and recommendation of the Planning
Director, upon consultation with the appropriate agencies and approval of the
County Council; provided however, that the cost of providing and constructing
the improvements required in Conditions D and E may be credited against the
sum specified in Condition N(5) for road and traffic improvements
Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the area to its original or more
appropriate designation.
PC Report 23
At the March 17, 2009 Planning Committee meeting, there was no public testimony.
The discussion for this matter was taken up in the discussion regarding Bill 30 (see Planning
Committee Report 22). Therefore, there was no discussion on this matter.
Your Committee concurs with the Planning Commission and the Planning Director's favorable
recommendation for approval of the Time Extension request.
Your Committee on Planning is in accord with the purpose and intent of Bill No. 31 and
recommends it pass first reading.
awm
AYES NOES A&E Ex Respectfully submitted,
ENRIQUES X
FORD X COMMITTEE ON PLANNING
GREENWELL X
NN X
IKEDA X /Q7
KEDA
NAEOLE X DONALD IKEDA, CHAIR
ONISHI X
YAGONG X PC REPORT NO. 23
YOSHIMOTO X ADOPTED: APR 0
B 209