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HomeMy WebLinkAboutREP PC 030 05/26/1999 1998-2000 REPORT OF THE COMMITTEE ON PLANNING DATE: May 26, 1999 Re: C-275/Bill No. 74 PLACE: Councilroom TIME: 2:13 p.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 74, transmitted by Mayor Stephen K. Yamashiro per Communication No. 275, dated April 26, 1999, regazding the change of zone amendment to Ordinance No. 96-159 request by Finance Holdings, at Waiakea, South Hilo, Hawaii, TMK: 2-2-44:3, 31, 32, 35 and 37, reports as follows: Bill No. 74 amends Conditions B, D, E, I, J and K of Ordinance No. 96-159, which reclassified approximately 7.29 acres of the former Hirose Nursery site located at the southeast comer of Kanoelehua Avenue and Kahaopea Street from a Single Family Residential (RS-10) to Neighborhood Commercial (CN-7.5) zoned district. The landowner for TMK: 2-2-44:03 is the Margaret Hirose Trust. Permission to apply for the subject amendments was granted by Helen Doi, Trustee. Finance Holdings, Ltd., owner of TMK: 2-2-44:31, 32, 35 and 37, filed the request to amend the Conditions of Ordinance No. 96-159. On November 14, 1996, the County Council approved the application of the then owner/applicant Tri-Electric, Inc., with William M. Hirose as President, to reclassify the subject pazcel from an RS-10 to a CN-7.5 zoned district. The applicants proposed to landscape and develop the property with mixed uses -including single family and multiple family residential, a small commercial azea and community center. The applicant was considering the option of applying for a Planned Unit Development, with lots ranging in size from approximately 7,560 to 50,400 squaze feet. With the CN-7.5 designated zoning, the applicants are entitled to develop single-family or multiple-family dwellings with a maximum density of 1,250 square feet of land per rental dwelling or dwelling unit. Subsequent to that time, Finance Holdings, Ltd., acquired the properties in late 1997, in conjunction with a foreclosure action against the prior owners by the affiliated company Finance Factors, Ltd. The applicant intends to commence with the neighborhood commercial component of the development and is seriously reconsidering whether to include a residential component as originally planned. The proposed amendments to the aforementioned conditions are as follows: PC-30 PC-30 Page 2 May 26, 1999 1. Condition B. The applicant wants to defer the required water commitment payment from 90 days from the effective date of rezoning to prior to any subdivision or development, which is a more reasonable time frame. The water commitment has not been paid to date. 2. Condition D. The existing condition limits the commercial uses to an area between the proposed extension of Awapuhi Street and Kanoelehua Highway. Since the entire parcel is designated Low Density Urban on the General Plan, the applicant does not want limitations placed on them as to where the development should be located. 3. Condition E. The applicant would like to delete the requirement to submit a Traffic Impact Analysis Report since intersection improvements are already required as conditions. 4. Condition I. Delete the requirement to construct the Awapuhi Street extension because topographic conditions make it infeasible from an economic standpoint. 5. Condition J. Reduce the requirement to install curbs, gutter and sidewalk improvements along the entire subject frontage of Kahaopea Street because the Palai stream floodway extends through the eastern portion of the subject area, major improvements may be required, including construction of a bridge structure. 6. Condition K. Remove restriction of access on Kahaopea Street to a new access via Awapuhi Street, which the applicant would work out with the State and County without restrictions. At the time of application, discussions were ongoing with the State Department of Transportation. Surrounding properties are zoned RS-10. The subject property is bordered by Kahaopea Street to the north with single family residences across the street. To the south is Ruthie Subdivision, which was subdivided into 21 lots in 1994 and further subdivided into 25 lots in 1997. Awapuhi Street was constructed in 1994 for providing access to these lots. To the east is privately-owned vacant land that is located within a floodway. The property is bordered by Kanoelehua Avenue to the west; and located diagonally across the Puainako Shopping Center which is zoned CN-10. Access to the subject development would be from Kahaopea Street which is a County roadway with a 40-foot right-of--way. The Hilo zoned map references Kahaopea Street as a collector street, which requires a 60-foot right-of--way. The Department of Public Works originally recommended that: 1. improvements to Kahaopea Street include curb, gutter and sidewalks and pavement widening and transitions; 2. the construction of the Awapuhi Street extension; 3. the submittal of a TIAR. PC-30 PC-30 Page 3 May 26, ] 999 The State Department of Transportation, during the original rezoning request, recommended intersection improvements to include street lights, signalization and right-turn deceleration on the northbound side of Kanoelehua Avenue, and the closing of the existing driveway and providing a new driveway connecting to the existing Awapuhi Street. The original applicant proposed to align a proposed access road into the development to meet with Awapuhi Street. Water can be made available to the subject parcel from an existing 8-inch waterline along Kahaopea Street, a 20-inch line along Kanoelehua Avenue, and from the end of an existing fl- inch waterline along Road A. To date, the water commitment deposit has not been paid. All other essential utilities and services are or can be made available to the proposed development. Bill No. 74, Draft 2, which amended Condition E to include "`If required by the Planning Director," at the beginning of the condition, insert the abbreviation "DOT", and insert "should the proposed intersection improvements not be commenced by the DOT."at the end of the condition, was circulated and approved by Your Committee. Committee Member Curtis Tyler's motion to defer was not approved by Your Committee. He had some concerns regarding the proposed amendments to the Conditions because of the January 13, 1999 comments from the Department of Public Works which stated that they "aze not in agreement to any of the proposed changes." He was also concerned about the authority the Planning Director had over matters which should actually be dealt with by the Chief Engineer. Your Committee concurs with the Planning Commission and the Planning Director for recommending a favorable consideration to the amendment of Ordinance No. 96-159. Your Committee on Planning is in accord with the intent and purpose of Bill No. 74, Draft 2, and recommends it pass first reading. - a I ~ ~ ~.,~i~ ~ 1. r. AYES Noes A & E Ex Respectfully submitted, LEITHEAD-TODD X TYLER x COMMITTEE ON PL,ANNIN~ ~ CHUNG x ~ ~ v-~ ELARIONOFF X ~ ~ ~ JACOBSON x Plslccwo x BOBBY JEA LEITHEAD-TODD, CHAIR SMITH x PC REPORT NO. 30 YAGONG X ARAKAKI E.o.M. ADOPTED: JUL 0 8 1999