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HomeMy WebLinkAboutREP PC 118 10/03/2000 1998-2000 n n REPORT OF THE COMMITTEE ON PLANNING DATE: October 3, 2000 Re: C-919Bi11 No. 318 PLACE: Councilroom TIME: 2:45 p.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 318, transmitted by Mayor Stephen K. Yamashiro per Communication No. 919, dated September 8, 2000, regarding the change of zone request by Kaneshiiro and Sons Enterprbes, Ltd., at Keonepoko, Puna, Hawaii, TMK: 1-5-07:20, reports as follows: Bill No. 318 amends Ordinance No. 91-116, which reclassified approximately 4.901 acres of land from an Agricultural (A-1 a) to a Neighborhood Commercial (CN-20) zoned district. The proposed amendment to Conditions B and C is to grant an additional five years to complete the construction of the proposed project. The applicant stated that the development plans were stalled due to the economic downturn since the rezoning was approved, and the applicant relinquished its development rights to this property to another entity in 1994. Because the other party was unable to proceed with the project, the development rights were recently returned to the applicant. On November 25, 1992, the Planning Director granted aone-year administrative extension to December 2, 1993, to comply with Condition B (secure Final Plan Approval). On November 26, 1993, the Final Plan Approval No. 2902 was granted and pursuant to Condition C, construction of the proposed project should have commenced within one yeaz from the date of Final Plan Approval; however, the permitted time expired on November 26, 1995, due to non-compliance with the Condition. On August 30, 1996, the Planning Director informed the applicant that the property would be downzoned to its original status due to non-compliance with the conditions of the approval. On September 13, 1996, the applicant requested that the downzoning not be initiated, as potential lessees are being sought. On February 15, 2000, the County Council requested that the Planning Director initiate the downzoning, but on March 20, 2000, the applicant again requested that the property not be downzoned. The triangulaz-shaped subject property, owned in fee by the applicant, is located at the junction of the Pahoa Bypass Road and Keaau-Pahoa Road and bordered by Kahakai Boulevazd. The General Plan LUPAG Map designation is for Urban Expansion, which allows for a mix of high density, medium density, low density, industrial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. The property is not situated within the Special Management Area. Surrounding lands aze zoned A-la, CN-20, and MCX-20, and includes residential, commercial, vacant, and agricultural uses. Recent zonings in this azea permitted a change from A-1 a to CN-20 (Ordinance No. 98-128), and a change from A-1 a to MCX-20. PC-118 ~ n PC-118 Page 2 October 3, 2000 The USDA soil classification is Pahcehce, and the Land Study Bureau Soil Rating is "E" or Very Poor. The subject property is located in Zone "X", an area outside of the 500-year flood plain. An archaeological inventory survey conducted by Paul H. Rosendahl, Ph.D. in 1991 showed no evidence of prehistoric or potentially early historic use or occupation. No major lava tube openings were observed on the parcel or adjacent lands. No endangered species of flora were identified on the site. Access to the site is proposed from Kahakai Boulevazd, a County roadway with an approximately 50-foot right-of--way. All essential utilities and services are available to the site. Del Pranke testified that he had a 50 page petition (with 35 signatures on each page) stating they want the supermarket constructed on the lot. Sidney Fuke, agent for the applicant, explained that no contract or agreement, stating that a supermarket was going to be constructed on the subject parcel, was signed. The applicant stated that they had financial setbacks and aze trying to work on the conditions of the bill. They would like to see something commercial constructed on the lot, so are seeking afive-year extension to complete the project and, hopefully, this will be the final extension. Committee Member Aazon Chung mentioned that he would like to see something like "an automatic drop dead clause" included in the bill to ensure that projects such as these are completed within the requested time frame. The inclusion of such language would eliminate the need of having the Planning Director initiate the downzoning of the parcel, if the applicant is not in compliance with the conditions of the bill. Committee Member Julie Jacobson also agreed with this concept, but no motion was made at this point. For informational purposes only, on the final vote, Committee Member AI Smith voted "Kanalua" twice. Your Committee concurs with the Planning Commission and the Planning Director for recommending a favorable consideration for the amendment to the change of zone request. Your Committee on Planning is in accord with the intent and purpose of Bill No. 318, and recommends it pass first reading. AYES NOES A 8c E EX LEITHEAD-TODD X Respectfully submitted TYLER X COMMITTEE CHUNG X ELARIONOFF X t IACOBSON X OB Y JEAN LEITHEAD-TODD, CHAIR PISICCHIO X SMITH X PC REPORT NO. 118 YAGONG X ARAKAKI E.O.M. X ADOPTED: ~ $ ZOOU