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HomeMy WebLinkAboutREP PC 012 04/07/1999 1998-2000 REPORT OF THE COMMITTEE ON PLANNING DATE: April 7, 1999 Re: C-46/Bill No. 14 PLACE: Councilroom TIME: 4:06 p.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 14, transmitted by Mayor Stephen K. Yamashiro per Communication No. 46, dated December 14, 1998, regarding the change of zone request by McClean Honokohau Properties, L.P., at Honokohau 2nd, North Kona, Hawaii, TMK: 7-4-8:26:Por. 26, reports as follows: Bill No. 14 amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification for approximately 12.294 acres of land from an Agricultural (A-Sa) to a Single Family Residential (RS-7.5) zoned district. The rectangular shaped lot, owned in fee by Robert S. McClean, Trustee of the Robert S. McClean Trust, is located on the mauka side of the Queen Ka'ahumanu Highway approximately 1,800 feet north of the Kealakehe High School. The project is designed to address the needs and lifestyle of active, senior adult retirees who want to live in a pedestrian oriented planned community which promotes social interaction and encourages outdoor activities. The project will consist of 70 single family residences, landscaped common open spaces, and a main club house facility designed for both social and recreational activities. Adjacent to the project is the proposed Mid Level Arterial Right-of--Way which the Petitioner will develop and dedicate to the County upon completion. An application for a Planned Unit Development has been submitted concurrently in order to accomplish the proposed development. On April 11, 1991, the State Land Use Commission reclassified the subject property from the State Land Use Conservation District to the Urban District. TMK: 7-4-8:26 consists of 45.5 acres (Increment I) and TMK: 7-4-8:49 (Increment II) consists of 44.12 acres for a total proposed development of 89.62 acres. The Land Use Commission approved the incremental development with the provision that reclassification from Conservation and Agricultural Districts to Urban District would be granted upon prima facie showing that substantial on-site and off-site improvements within Increment I have been completed within five years from the April 11, 1991, order. PC-12 PC-12 Page 2 April 7, 1999 On March 27, 1992, the Applicant submitted a Change of Zone request for approximately 40 acres from Open to Limited Industrial (ML-40a) and approximately 5.5 acres to General Industrial (MG-Sa), which was approved on April 27, 1993, by Ordinance No. 93-38. This request did not include the entire pazcel, and 12.294 acres were left in the County Unplanned district. On March 13, 1995, a request to amend Ordinance No. 93-38, Condition No. J (construction of a 60-foot dedicable road) was filed with the Planning Commission. On April 5, 1995, the Applicant filed a Motion for Amendment to Findings of Fact, Conclusions of Law, and Decision and Order with the State Land Use Commission requesting that the 12.294 acre parcel, which is subject to Incremental Districting, be released from the Decision and Order. On April 7, 1995, the Planning Director granted a time extension for Ordinance No. 93-38, Condition B (secure final plan approval of industrial uses within the ML-zoned lands), and Condition P (complete construction of the concrete batching plant and commence operations), until April 27, 1997. On August 22, 1995, an Order granting Motion for Amendment to Findings of Fact, Conclusions of Law, and Decision and Order was filed, and it released the 12.294 acre parcel from the Decision and Order. On January 12, 1996, Ordinance No. 96-3, which amended Condition J, was approved. On February 14, 1996, a request for a State Land Use Boundary Amendment to reclassify approximately 12.294 acres of land from Agricultural to Urban was filed with the Planning Department, and was approved on July 26, 1996 by Ordinance No. 96-85. On May 19, 1996, the Land Use Commission entered an Order Granting Motion for time extension to substantially complete Increment I and to apply for redistricting of Increment II to April 16, 1999. On September 12, 1997, Ordinance No. 97-118, which amended Ordinance No. 93-38, Condition P (complete construction of aready-mix concrete batching plant) as amended by Ordinance 96-3, which reclassified lands from Open (O) to Limited Industrial (ML-40a) and General Industrial (MG-Sa), was approved. On October 24, 1997, the Planning Commission, at the request of the applicant, continued the public hearing on the change of zone application to resolve the water issues. According to the General Plan LUPAG map, this Urban expansion azea allows for a mix of high density, medium density, low density, industrial and/or open designations in azeas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. The Kona Regional Plan designates this area for Urban Expansion. The Keahole to Kailua (K to K) Development Plan, which was adopted as a guide to be utilized in the development of infrastructure and land uses in the region, designates the area as Limited Industrial and Urban Expansion. The County Zoning is Agricultural-5 acres. PC-12 PC-12 Page 3 Apri17, 1999 The soils within the project area are classified as Pahoehoe and Aa lava flows by the U.S.D.A. Soil Conservation Service. The Aa lava flow has been mapped as a miscellaneous land type, which has practically no soil covering and is bare of vegetation except for mosses, lichens, ferns and a few small ohia trees. The Pahoehoe lava flow, similar to the as flows, is billowy, with a relatively smooth glassy surface which generally has no soil cover and is typically bare of vegetation except for mosses and lichens. The Land Study Bureau classifies the soil within the subject property as "E" (Very Poor) for agricultural productivity. The property is "unclassified" on the State Department of Agriculture's Agricultural Land of Importance to the State of Hawaii (ALISH) Map. The short-eared owl or Pueo and the endangered Hawaiian Hawk or 'Io may frequent the area on occasion, in addition to the Hawaiian hoary bat. According to bird surveys conducted in the area the Hawaiian Stilt and the Hawaiian Owl have made their presence known. According to the Final EIS, the development of the property is not expected to cause significant impact to the endangered bird populations of the region because the property is acid with no bodies of water and few trees. Feral mammals observed on the project site include the Indian mongoose, cats, rats and mice. Although the August 7, 1997, letter from the Department of Land and Natural Resources, State Historic Preservation Division states the development of a retirement community on the 12.294 acre portion of the subject parcel will have an adverse effect on historic sites, the applicant would do whatever was required to mitigate this effect. Records indicate that all of the necessary mitigation work for this parcel has been completed. The subject property is located in Zone X, which is outside the 500-year flood plain. Surrounding property to the north are vacant lands within the SLU Conservation District and the County Open zoned district. Lands to the west are zoned Open and Limited Industrial (construction and baseyazd operations). Lands to the east are within the SLU Agricultural District and the County Agricultural (Sa). Lands to the south aze within the SLU Urban District and the location of the new Kealakehe High School and proposed Kealakehe Planned Community (Villages of La i'opua). The property is located approximately 1 mile to the south of the Kaloko Light Industrial Subdivision. Proposed access to the property is from the proposed Mid Level Arterial which connects to Kealakehe Pazkway, a mauka-makai connector road. Kealakehe Parkway intersects with Queen Kaahumanu Highway. All utilities will be made available to the property. PC-12 PC-12 Page 4 Apri17, 1999 Bill No. 14, Draft 2, which amends Condition E to include "Mid -Level Road improvements shall consist of a two-lane road and rough-grated right-of--way to allow a 4-lane road, which shall extend to the northern property line.", and includes the fair share contribution language in Condition J, was approved by Your Committee. Your Committee did not pose any questions to the representatives of McClean Honokohau Properties L.P. and no discussion ensued. Your Committee concurs with the Planning Commission and the Planning Director for recommending a favorable consideration to the change of zone request. Your Committee on Planning is in accord with the intent and purpose of Bill No. 14, Draft 2, and recommends it pass first reading. AYES NOES A & E EX Respectfully submitted, LEITHEAD-TODD X TYLER x COMMITTEE PL G CHUNG X i' ELARIONOFF X ~ ~ACOSSON x O Y J AN EITHEAD-TODD, CHAIR PISICCHIO X SMITH x PC REPORT NO. 12 YAGONG X ADOPTED: APR 2 ~ ~ 1989 ARAKAKI E.O.M.