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HomeMy WebLinkAboutREP PC 054 06/18/2012 2010-2012 REPORT OF THE COMMITTEE ON PLANNING DATE: June 18, 2012 Re: Comm. No. 669/Bill No. 229 PLACE: Council Chambers Kailua-Kona, Hawai`i TIME: 9:04 a.m. Council Chair and Members Hawai`i County Council Hilo, Hawai`i 96720 Your Committee on Planning, to which was referred Comm. No. 669/Bill No. 229, reports as follows: Bill No. 229, transmitted by Mayor William P. Kenoi, via Communication No. 669, dated March 30, 2012, is an ordinance amending Ordinance No. 99-116 which amended Ordinance No. 96-159 which amended Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition) (formerly referred to as Section 25-114, City of Hilo Zone Map, Article 3, Chapter 25, Zoning Code) by changing the district classification from Single Family Residential— 10,000 square feet (RS-10)to Neighborhood Commercial—7,500 square feet(CN-7.5) at Waiakea, South Hilo, Hawai`i, covered by Tax Map Key Nos.: 2-2-044:003, 031, 032, 035 and 037. Also enclosed was a favorable recommendation for an amendment to Condition C and an unfavorable recommendation for amendments to Conditions H and I, from the Windward Planning Commission Chair Zendo Kern. At the May 1, 2012 Planning Committee there was discussion regarding flooding, easement access, the need for a Traffic Impact Analysis Report, and a successor trustee. At the May 1, 2012 Planning Committee Bill 229 was postponed to the May 16, 2012 Planning Committee meeting; and again, from May 16, 2012 to June 18, 2012. Mr. Thomas Yeh, representing the applicant, was present in the Hilo chambers; and Mr. Roland Higashi, President of Graphic Images Hawaii, Inc. was present at the West Hawai`i Civic Center to answer questions. Mr. Yeh gave a brief history of the property and stated that the applicant was no longer seeking amendments to Conditions H and I and was only requesting a five-year time extension to get the final subdivision approval as required in Condition C. He further stated that the applicant will work with the Department of Public Works regarding drainage improvements (Condition H) and to assure that all water runoff generated on the property will be controlled on site (Condition L); and that they will comply with all dust and earthwork restrictions during the construction of the project, the curb and sidewalk requirements of Condition I, and if required would submit an updated Traffic Impact Analysis Report. He also stated the applicant has always allowed easement access to his neighbors Ms. Elaine Stephanie Salazar and Mr. Russel H. Doi to access their properties and will continue to do so. PC Rept. No.: 54 PC-54 Page 2 June 18, 2012 Council Member Onishi confirmed that Bill 229 showed an amendment to allow a time extension and stated that he was supportive of the bill. He asked Planning Director Bobby Jean Leithead Todd and Planning Manager Daryn Arai to give the Planning Department's perspective of the bill. Ms. Leithead Todd stated the bill contains a time extension that is warranted due to no fault of the applicant but due to the delay by the State Highway Department to comment on the bill. Mr. Arai stated the bill also contained some housekeeping amendments and that the fair share costs had been updated. Council Member Yagong stated he was pleased that amendments to Conditions H and I were not being considered. Ms. Salazar stated that she does not believe the drainage will be contained on site and she objects to the five-year extension request. She confirmed her acceptance to the 25-foot access easement which might require cutting down mature trees. Mr. Doi added that the access road being used currently is the original access road so that should not change. Council Member Yagong asked if the time extension would allow the easement access to be addressed; and Ms. Leithead-Todd stated the easement is set by the Land Court and only the Land Court can change it, she added that the easement set by the Land Court is not where the existing access is located. Council Member Ford referenced the preliminary plan and stated that it created serious problems for the Doi family regarding flooding and that there is a six foot deep flood channel only acknowledged by the Doi family, because they live there and know it exists. She also stated that there will be access problems including the possibility of landlocked lots or access only at a dangerous intersection. She asked if it was legal for an access easement to go through commercial property, such as a parking lot, and voiced concern that the five-year extension will not help with the design problems regarding access and flooding. Ms. Leithead Todd stated that, generally speaking, new subdivision approvals require access to all lots and that it was legal to have an easement for access through a commercial development. She also stated that there was an easement for access on this application so the applicant must allow access or negotiate for a different easement agreement. Council Member Onishi confirmed that he had walked the site with Department of Public Works Engineer Kelly Gomes. He also confirmed that the easement needs to be negotiated between the landowners. Mr. Yeh explained that the current plan is a work-in-process but that no one will be landlocked and the access for Ms. Salazar and Mr. Doi needs to be worked on as the current access is not safe. He also stated that the flooding problem is from water generated from another property but the applicant will do everything required to avoid flooding. He added that the clean up required by the Department of Health has been done and all conditions in the rezoning application will be adhered to. PC-54 Page 3 June 18, 2012 Your Committee on Planning is not in accordance with the purpose and intent of Bill 229, and forwards to Council with a negative recommendation. mkh AYES NOES A&E EX Respectfully submitted, BLAS X FORD x COMMITTEE ON PLANNING HOFFMANN X IKEDA X --�� t ONISHI X \'` - . 1'1,, � PILAGO X SMART x PETE HOFF A 4 , CHAI 1 YAGONG X P ' ' • 'T NO. 54 YOSHIMOTO X ADOPTED: JUL 0 3 21 t