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HomeMy WebLinkAboutREP PC 009 03/16/1999 1998-2000 REPORT OF THE COMMITTEE ON PLANNING DATE: March 16, 1999 Re: C-45/Bill No. 13 PLACE: Councilroom TIME: 3:34 p.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 13, transmitted by Mayor Stephen K. Yamashiro per Communication No. 45, dated December 14, 1998, regarding the change of zone request by Pualani Estates, Inc., at Puapuaaiki and Puapuaanui, North Kona, Hawaii, TMK: 7-5-17:28 and 29, reports as follows: Although transmitted by the Mayor in December 1998, Bill No. 13 was not agendized until March 5, 1999, when it was deferred until today. Your Committee decided to defer all zoning requests until the status of the infamous Bill No. 250 and all of its drafts, otherwise known as the Zoning Code, was known. Bill No. 250, Drafts 4 and 9 (ramseyered) will be heard by the Hawaii County Council on its first reading on March 17, 1999, and on its second and final reading on April 6, 1999. Bill No. 13 will advance to the Council for its first reading on Apri16, 1999. Bill No. 13 amends Ordinance 90-63, as amended by Ordinance No. 93-76, which reclassified the district classification for 99.3 acres of land from an Unplanned (U) to a Single Family Residential (RS-7.5 and RS-20) zoned districts. Bill No. 13 amends the performance requirements of Condition C to allow a five-year time extension from August 9, 1997 through August 8, 2002 to secure final subdivision approval for the Pualani Estates project. The extension is needed to resolve title issues relating to a PASH decision, and to secure funding to complete the project. Pualani Estates, Inc., the successor developer to Pualani Development Company, is the fee simple owner of the vacant subject property, which is located mauka of the Queen Ka' ahumanu Highway at an elevation range of 325 to 750 feet above mean sea level. On September 13, 1989, the State Land Use Commission approved the reclassification of the property from an Agricultural to an Urban District. On May 27, 1990, Ordinance No. 90-63, which rezoned approximately 99.3 acres of land from Unplanned to RS-7.5 and RS-20, was adopted. The applicant proposed 385 residential lots with construction of two and three bedroom single family units. Between August 9, 1990, and November 18, 1996, the applicant submitted subdivision plans for Increment I for 240 lots; the Director granted an extension of time until November 24, 1990, to submit the water commitment payments as required by Condition B; Ordinance 93-76 amended Ordinance 90-63 to extend the time to secure final subdivision approval in Condition D; the Planning Director granted administrative extension of time until December 4, 1996, and then again until December 2, 1998, to comply with all conditions for tentative subdivision approval; and the Planning Director granted an extension of time until August 9, 1997, to comply with Condition C to secure final subdivision approval. The State Land Use District classification for the mauka portion of the subject property is "Urban," The General Plan LUPAG Map classifies the mauka portion of the project as Low Density Urban, and the makai portion is classified as Urban Expansion. PC-9 PC-9 Page 2 March 16, 1999 The proposed development would be consistent with the goals, policies, standazds and courses of action of the Land Use Element. The Keahole to Kailua Development Plan is designated for residential development. The subject property is comprised of Punaluu extremely rocky peat, Waiaha extremely stony silt loam and Kaimu extremely stony peat. There aze no known rare or endangered plant life or animal species on the property or in its immediate vicinity. As noted in the applicant's 1995 annual report, reintemment of remains within the on-site archaeological preserve area was conducted by the Historic Preservation Division, Hawaii Burial Council and project azchaeologists on July 5, 1994. A revised final data recovery report was also approved by the Department of Land and Natural Resources -Historic Preservation Division. The Land Study Bureau Soil Rating classifies the soils within the project site as Classes "C", "D", and "E." The project is Moderate to Very Poor for agricultural activity. The State Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) Map classifies approximately 20 percent of the property as "Other Important" agricultural lands and the remaining lands are not classified. The northwest corner of the property is affected by the fringes of the 100-year and 500-yeaz flood hazard area (Zone X and AE, respectively). The remainder of the property is located outside the 500-yeaz flood plain (Zone X). The Queen Ka'ahumanu Highway extends to the west of the subject property, and vacant lands extend to the north, south and east. Surrounding lands aze zoned Agricultural-5 acre (A-Sa). Access is provided by Queen Ka'ahumanu Highway and from Hualalai Road. Water is available to the project site. All other essential utilities and services aze or will be made available to the subject property. Bill No. 13, Draft 2, which included some housekeeping changes to re-format Ordinance 93-76, which amended Ordinance 90-63, to the current format used in zoning bills; and the insertion of the standazd housing language was approved by Your Committee. For informational purposes only, on the final vote, Committee Members Curtis Tyler and Nancy Pisicchio voted "Kanalua" twice. Your Committee concurs with the Planning Commission and the Planning Director for recommending a favorable consideration for amending Ordinance No. 90-63, as amended by Ordinance No. 93-76. PC-9 PC-9 Page 3 March 16, 1999 Your Committee on Planning is in accord with the intent and purpose of Bill No. 13, Draft 2 and recommends it pass first reading. AYES NOES A & E EX Respectfully submitted, LEITH EAD-TODD X TYLER X COMMITTEE ON PL G CHUNG X (~/J ELARIONOFF X ' IACOBSON x OB JEAN LEITHEAD-TODD, CHAIR PISICCHIO X SMITH x PC REPORT NO. 9 vAGONG X ADOPTED: APR 0 6 1999 ARAKAKI E.O.M. X