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HomeMy WebLinkAboutREP PC 047 05/01/2012 2010-2012 REPORT OF THE COMMITTEE ON PLANNING DATE: May 1, 2012 Re: Comm.No. 668/Bill No. 228 PLACE: Council Chambers Kailua-Kona, Hawai`i TIME: 1:00 p.m. Council Chair and Members Hawai`i County Council Hilo, Hawai`i 96720 Your Committee on Planning,to which was referred Comm. No. 668/Bill No.228, reports as follows: Bill No. 228, transmitted by Mayor William P. Kenoi, via Communication No. 668, dated March 30, 2012, is an Ordinance amending Section 25-8-3 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition), by changing the district classification from Family Agricultural—2 acres (FA-2a) to Family Agricultural— 1 acre (FA-1a) at Ponohawai, South Hilo, Hawaii, covered by Tax Map Key: 2-5-040:018. Also enclosed was a favorable recommendation from the Windward Planning Commission Chair Zendo Kern: Council Member Ikeda motioned to amend Bill 228 with the contents of Communication 668.2 which deletes Condition F regarding a 15-foot wide road setback and Condition M regarding the Fair Share Contribution. The applicant, Mr. Leslie A. Botelho, and his daughter, Martha Rodillas, were present at the Hilo Chambers. Ms. Rodillas referenced an April 23, 2012 letter sent to Committee Chair Hoffmann, contained in Communication 668.1 that asks for the deletion of Conditions F and M. Mr. Botelho stated that he has spent $25,000 or more upgrading a County drainage ditch on his property and that 'Akala Road, which belongs to the County, encroaches on his property by six feet. Ms. Rodillas further stated that they feel this far exceeds Condition M, the fair share contribution cost. Council Member Yoshimoto expressed his support for the amendment as it appears the applicant's cost has exceeded the fair share contribution cost. Council Member Ford inquired about the presence of anyone from the Department of Public Works and was informed that no one was available. She voiced concern about flooding due to Mr. Botelho's work on the drainage ditch and requested that the Floodplain Manager be present and the next reading of this bill. Ms. Rodillas response was that the work done only reinforced the ditch from erosion and did not change the direction of the water flow. PC Rept.No.: 47 PC-47 Page 2 May 1, 2012 Council Member Yagong verified that the County drainage ditch was located on Mr. Botelho's property and that he had used cement to stop the erosion on the sides and bottom of the ditch but did not change the direction of the flow. He also confirmed that 'Akala Road did, in fact, encroach on the property by six feet for approximately ninety feet. He then inquired about Mr. Botelho's intentions for the property. Mr. Botelho replied that he wants to subdivide the property to allow his children and grandchildren to build a home and he does not intend to sell the property. Council Member Yagong asked Deputy Corporation Council Amy Self if the request for deleting the two Conditions was addressed at the Planning Commission hearing; and she stated that she did not recall it being discussed. She further reminded the Council that they need to be consistent when considering deleting fair share contribution costs. Council Member Yagong stated that perhaps the Council should just do away with all fair share contributions. He further stated that this is a precarious situation as the County did not survey the road correctly. Council Member Ford inquired about purchasing the portion of land from Mr. Botelho that the County's road and drainage ditch are encroaching on. Ms. Self stated that she had not seen the surveys and had not talked with Public Works Director Warren Lee, so she could not comment. Assistant Corporation Counsel Kathy Garson added that a review of the survey maps should be done and dealt with separately from this rezoning request. Council Member Pilago stated that this was an interesting predicament; however, it was not Mr. Botelho's fault and he should not be penalized by holding up his rezoning request. He added that he believes the fair share contribution has been met and should be waived. Council Member Onishi also agreed with Council Member Pilago and stated that this applicant has already paid his fair share contribution. Council Member Yoshimoto also agreed with Council Member Pilago and Council Member Onishi. Council Member Smart suggested that it might be best to postpone this bill to allow time for the Department of Public Works to investigate the possible encroachment and be present to discuss the situation. Council Member Ford added that without the Planning Department and Department of Public Works present to answer questions,the bill lacks full information and should be postponed. Council Member Smart made a motion to postpone. Council Member Ikeda stated that he cannot support the postponement and the bill should move forward. He added that Mr. Lee can be present at the Council reading and Council Member Blas agreed. Council Member Yagong expressed his support for the postponement, especially since the Council has now been notified of the encroachment issues. He also expressed concerns over liability should an accident occur. He questioned moving forward before resolving the encroachment issues. PC Rept.No.: 47 PC-47 Page 3 May 1, 2012 Assistant Corporation Counsel Kathy Garson verified that there are encroachment issues and stated that the rezoning application and encroachment are two totally different issues, which are dealt with separately. Ms. Self added that this application for rezoning is the very beginning of a long process; and the fair share contribution is to cover the cost of impact a new development will have on the area. The Committee needs to consider the impact of one additional lot and one dwelling will have on the area. Committee Chair Hoffmann asked for clarification on whether the encroachment issues need to be resolved before voting on the bill,. Ms. Self replied that the Committee does not have to deal with encroachment issues at the rezoning level and the bill can be voted on today. Council Member Ford stated that if the encroachment makes one or both of the lots less than one acre, the application will be in error. The vote to postpone failed by three ayes to six noes. Your Committee on Planning is in accord with the purpose and intent of Bill 228, as amended to Draft 2, and recommends its passage on first reading. mkh AYES NOES A&E EX Respectfully submitted, BLAS X FORD x COMMITTEE ON PLANNING HOFFMANN X - IKEDA X ONISHI X ''i ,., �'1 -' Niro auto PILAGO X rt SMART x PETE HOFFMANN, 'FIR YAGONG X PC REP• 'a 110,,,_ 47 YOSHIMOTO X ' •OPTED: 'MAR 2 0 2013