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HomeMy WebLinkAboutREP PC 057 11/17/2009 2008-2010 REPORT OF THE COMMITTEE ON PLANNING DATE: November 17, 2009 Re: Comm. 554/Bill No. 154 PLACE: Councilroom Ben Franklin Bldg, 2nd Floor 333 Kilauea Avenue Hilo, Hawaii TIME: 4:50 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 154, reports as follows: Bill No. 154, transmitted via Communication No. 554, from Mayor William P. Kenoi, dated September 22, 2009, presents a Request for Change of District Classification by Kona Country Club, Inc., at Keauhou, North Kona, Hawaii, TMK: 7-8-010:101. Bill No. 154 seeks to change the zoning from Agricultural - 5 acres (A-5a) to Multiple Family Residential - 30,000 square feet (RM-30) for the parcel which is approximately 51,058 acres in size. The property is located mauka of the Mamalahoa Bypass Highway, between the highway and the Kona Country Club mauka golf course, Keauhou Resort, Keauhou, North Kona, Hawaii. This matter was postponed from the October 20, 2009 meeting of your Committee, to give the applicant and Committee Chair Donald Ikeda sufficient time to meet with Planning Director Bobby Jean Leithead Todd, Fire Chief Darryl Oliveira, and Police Chief Harry Kubojiri, to prepare amendments to address concerns from your Committee members at the October 20, 2009 meeting. Committee Chair Donald Ikeda requested that he be allowed to relinquish his seat as Chair of your Committee, in order to allow him to speak on this matter. Vice Chair Guy Enriques assumed the duties of the Chair for this matter. Council Member Ikeda withdrew his Communication No. 554.2, an amendment which contained new standard language provided by the Planning Department regarding drainage studies. Council Member Ikeda informed your Committee that a subsequent amendment incorporated this language, and therefore Communication No. 554.2 was not necessary. There was no public testimony on the matter. Sidney Fuke appeared before your Committee on behalf of the applicant. PC REPORT NO. 57 Comm. 554 (Bill No. 154) November 17, 2009 Page -2- Council Member Ikeda moved to amend Bill 154 with the contents of Communication No. 554.4, which contained the amendments that resulted from the meeting between the applicant, Chief Oliveira, Chief Kubojiri, Director Leithead Todd, and Council Member Ikeda. Before any discussion on Communication 554.4, Council Member Ford moved to amend Communication No. 554.4 with the contents of her Communication No. 554.5. During the ensuing discussion amongst your Committee members, Ms. Ford stated that Council Member Ikeda's amendments provided too many loopholes for the developer. She stated that she discussed the matter with the Fire Chief, the Police Chief and Mr. Ron Thiel from the Department of Public Works, and her amendments were fashioned to address their requirements. Council Member Kelly Greenwell stated that he disagreed with Ms. Ford's amendment requiring the developer to provide a secondary, driveable, all-weather emergency evacuation route. He stated that the Council cannot protect everyone from every conceivable disaster, natural or otherwise. Other Committee members agreed with his sentiments. Council Member Dominic Yagong stated that the emergency route was not necessary, because people would just "dig out". Ms. Ford stated that her suggested language was provided by the Fire Chief. Ms. Ford also stated that she found certain wording in Mr. Ikeda's amendment to be objectionable. Ms. Ford stated that she wanted the security gate to be "staffed," not "manned." Mr. Ikeda stated that he had no discriminatory intent, and indicated he was willing to change the language. Ms. Ford stated that if there was a security gate in the development, it would always be closed, thus requiring a person to be present at the gate, 24 hours a day, 7 days a week. Mr. Fuke tried to explain that the developer may choose to have the gate be open during certain hours, and closed during certain other hours, and that during the time when the gate was closed, a security person would be on duty. Ms. Ford stated that the developer would not honor its commitment and failure to have the security gate "staffed" on a "24/7" basis would result in costly delays for emergency personnel. Your Committee members discussed the requirement for a Traffic Impact Assessment Report (TIAR). Ms. Ford stated that she disagreed with the traffic assessment that was performed. Mr. Fuke stated that the developer would not abrogate its responsibilities. Mr. Fuke further stated that he would work with the Committee Chair to find language that would provide more triggers. PC REPORT NO. 57 Comm. 554 (Bill No. 154) November 17, 2009 Page -3- Ms. Ford moved to further postpone the matter, however, after receiving no support from other Committee members, she withdrew her motion. Mr. Greenwell requested Ms. Ford to withdraw her amendments, stating that Mr. Fuke provided the good solutions to Committee members' concerns. After asking County Clerk Kenneth G. Goodenow questions regarding procedure, Ms. Ford withdrew her amendments. Your Committee members voted on Communication 554.4 and the amendments therein. Voting in favor of Mr. Ikeda's amendments were Mr. Enriques, Mr. Greenwell, Mr. Hoffmann, Mr. Ikeda, Ms. Naeole-Beason, Mr. Onishi and Council Chair Yoshimoto. Ms. Ford and Mr. Yagong voted against the amendments. Mr. Ikeda stated that he will work with Mr. Fuke to make the suggested amendments and will present them to Council. There was no further discussion regarding Bill 154, Draft 2 as amended. During the vote, Mr. Yagong voted kanalua two times. Your Committee concurs with the Planning Commission and the Planning Director's favorable recommendation for approval of the re-zoning request. Your Committee on Planning is in accord with the purpose and intent of Bill No. 154 as amended to Draft 2, and recommends it pass first reading. awm AYES NOES A&E EX Respectfully submitted, ENRIQUES X FORD X COMMITTEE ON PLANNING GREENWELL X HOFFMANN X IKEDA X NAEOLE X DONALD IKEDA, CHAIR ONISHI X YAGONG X PC REPORT NO. 57 YOSHIMOTO X ADOPTED: DEC n 2 2009