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HomeMy WebLinkAboutREP PC 097 05/02/2000 1998-2000 REPORT OF THE COMMITTEE ON PLANNING DATE: May 2, 2000 Re: C-704/Resolution No. 229-00 PLACE: Councilroom TIME: 1:45 p.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was refereed Resolution No. 229-00, transmitted by Mayor Stephen K. Yamashiro per Communication No. 704, dated March 14, 2000, regarding the time share request by Bridge Puako, LLC, now known as `Aina Le`a, at Waikoloa, South Kohala, Hawaii, TMK: 6-8-1: Portions of 25, 36, 37, 38, 39, and 40, reports as follows: Resolution No. 229-00 will permit time share units on the subject parcel as indicated in Section 25-5-32 of the Hawaii County Zoning Code. Originally agendized for the April 18, 2000 Planning Committee meeting, the measure was deferred until a public hearing could be held. The public hearing was held on May 1, 2000 at 6:30 p.m. at the Waikoloa Elementary School Cafeteria, with approximately 125 members from the public in attendance. Councilmembers Leningrad Elarionoff, Nancy Pisicchio, Julie Jacobson, Curtis Tyler, Dominic Yagong, Aaron Chung and Bobby Jean Leithead-Todd heard the testimonies from the eighteen speakers. Sidney Fuke, agent for the applicant, presented some background information on the project; and Scott Bornoff, Benson Chow and Dan Lum presented the results from their studies regarding the time share units, traffic impact, and the availability of water, respectively. Also present were the applicant's attorneys and County staff members. The majority of the speakers were not in favor of the time share development. The main concern for those in opposition was the traffic impact, feeling that the development will bring even more traffic to the already busy highway. Some felt the infrastructure needs to be improved before further development is approved or completed. One concern which was mentioned is that the name "Puako" should not be used, hence the project name change from Bridge Puako, LLC to `Aina Le`a. Some other concerns mentioned at the hearing were the resort zoning in the residentially zoned areas and the lax zoning code which we supposedly have. Another concern of the people in the area is the conflicting statements on the availability of the potable water to the community, and the need for a traffic study to determine if traffic signals need to be installed. Those who favored the project said they had no problem with the time share units, and that the time share people will spend money in Hawaii, which is good for the economy. PC REPORT NO. 97 ADOPTED: rNLld 0 2 T000 PC-97 Page 2 May 2, 2000 The subject property, owned in fee by the applicants, a Hawaii limited liability corporation, is located on the mauka side of Queen Ka`ahumanu Highway between the Mauna Lani Resort and Waikoloa Village, approximately one-half mile north of the Queen Ka`ahumanu Highway- Waikoloa Road intersection and approximately 8,500 feet from the nearest shoreline. The properties were previously owned by Signal Puako Corporation and subsequently by Puako Hawaii Properties, a Nansay Hawaii, Inc. subsidiary. The project area consists of as and pahoehoe lava flows. On January 8, 1993, the County Council via Ordinance No. 93-1, reclassified approximately 1,269.511 acres of land from the Unplanned (U) to Residential and Agricultural (RA-1A), Multiple-Family Residential (RM-4, RM-7 and RM-14.5) and Village Commercial (CV-10) zoned districts. The applicant is proposing to develop 750 time share units within the multiple family residential developments located within the project urban district area in conjunction with the proposed Puako Residential Golf Community. The proposed overall Puako Residential Golf Community includes residential uses, commercial uses, golf course and clubhouse uses, and other related accessory uses. The components within the proposed urban area can be summarized in the following basic elements. 1. Residential Units (RS/RD/RM). A total of 1,795 residential units are proposed within approximately 401 acres of the development area, which would result in a density of 1.7 units per acre. 2. Commercial Village. Approximately 30 acres are designated for village commercial uses (supermarket, restaurants, drug store, hardware store, gas stations, etc.), although the Master Plan indicates that a portion of the 30 acres may be set aside for smaller neighborhood facilities throughout the project site. Office uses to support on-site retail facilities, residents and surrounding resort population would also he provided. 3. Park. A 10-acre park is planned tentatively near one of the main project entry roads and adjacent to the loop road. This park would be developed for active recreational uses such as soccer, softball, or football fields. The park would be dedicated to the County upon its completion. 4. Wastewater Treatment and Maintenance Area. The facility will be placed on approximately 7 acres of land and located near the northeastern boundary, outside of the urban district area. Depending upon the construction timetable of the areas outside of the urban area, an interim facility meeting the requirements of the State Department of Health may be constructed within the Urban District area. The time frame for the construction of the Puako Residential Golf Community development is projected to begin during the latter part of 2000 after securing all the required entitlements from the State and county. The project is intended to be built in phases, with the initial phase consisting of at least one of the golf courses and related infrastructure, as well as a portion of the residential units and/or lots within the urban district area. The balance is anticipated to be developed in response to market demand and result in a complete build out by the year 2015. The construction cost for the initial development is anticipated to cost over $75 million, $50 million for the basic infrastructure and $25 million for the golf course and clubhouse. PC-97 PC-97 Page 3 May 2, 2000 On January 17, 1989, the project area was reclassified from Agricultural to Urban District by the State Land Use Commission. This project is consistent with the goals and policies of the Land Use Multiple Family Residential element, and the General Plan lists Puako Mauka under Urban and Rural Centers. fhe Hawaii County General Plan LUPAG Map designates the project area as Urban Expansion Area. This designation allows for a mix of high density, medium density, and low density urban development, industrial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. Within areas designated for development as resorts, portions of the resort area may be included in the lJrban Expansion area. High Density allows uses relating to commercial, multiple residential and related services (general and office commercial; multiple residential - up to 87 units per acre). Medium Density allows uses relating to village and neighborhood commercial, and residential and related functions (3-story commercial; residential - up to 35 units per acre). Low Density allows single family residential in character, ancillary community and public uses, and convenience type commercial uses. The LUPAG Map also designates the entire property's Queen Kaahumanu Highway frontage as Open Area, which is generally for parks, historic sites, and open space. The project area is located within an area zoned Multiple Family Residential (RM-4, RM-7, and RM-14.5) and Village Commercial (CV-10) by the County. As defined by Chapter 25, the Zoning Code, Section 25-1-5(103), "time share unit" means any multiple family dwelling unit or hotel, which is owned, occupied or possessed, under an ownership and/or use agreement among various persons for less than a sixty day period in any year for any occupant, and is regulated under the provisions of chapter 514E, Hawaii Revised Statutes, as amended. Hotels, and/or time share units are allowed in the following zoned districts: Resort (V) and General Commercial (CG) allow hotels and time share units, Village Commercial (CV) allows a hotel use approved by the Planning Director, and Multiple Family Residential (RM) allows time share units provided certain conditions are met. Permitted uses within the Multiple-Family Residential District are: Time share units situated in any of the following: (a) Areas designated as resort under the general plan land use pattern allocation guide (LUPAG) map (b) Areas determined by the director to be within resort areas identified by the general plan land use element, except for retreat resort areas (c) Areas determined for such use by the council, by resolution. The project site is not located within the County's Special Management Area (SMA). Surrounding areas are part of the South Kohala Coast Resort community consisting of Waikoloa, Mauna Lani, Hapuna and Mauna Kea Resorts. All of these resorts are located less than five PC-97 PC-97 Page 4 May 2, 2000 miles from the project site. These areas are zoned V-1.25, CV-10, RM-1.5, RM-3, RM-4, RM-6 and RM-8. Further to the east is the Waikoloa Village and to the northwest is the Puako Beach Lots Subdivision. These areas are zoned primarily for residential uses. An archaeological survey of the property was conducted by Archaeological Consultants of Hawaii, Inc. in June 1987, and Ogden Environmental and Energy Services Company in 1991. According to the 1987 archaeological report, the survey covered 1,040 acres of the Urban District area. One site was identified, but determined to be of a recent vintage, therefore it has no major significance. In 1991, the remaining 1,960 acres of land were surveyed and 13 sites were discovered. Except for a burial cave, which will be preserved intact, all of the sites were of recent vintage. The State Department of Land and Natural Resources, Historic Preservation Division, determined both surveys to be sufficient and that the single site within the Urban District was not considered significant. The existing access to the project area is from Queen Kaahumanu Highway, the primary arterial highway connecting Kawaihae and Kailua-Kona. One of the proposed accesses is directly across from the Mauna Lani Resort access road near the southern Urban district boundary. The second access would intersect Queen Kaahumanu Highway about 1.25 miles to the north near the northern Urban district boundary. Traffic Impact Analysis Reports were prepared in March 1992 by M & E Pacific Inc. and in 1999 by Pacific Planning. The original report projected that with the project the Level of Service (LOS) would be at E (which suggests the need for highway improvements by the year 1998). The updated report suggests that the LOS E level should be extended by another seven (7) years or to the year 2005. The applicant intends to construct an unsignalized fully channelized T- intersection at the north end and across-intersection at the Mauna Lani access road. These intersections will have an exclusive left-turn storage/deceleration lane, as well as an acceleration lane. The analysis recommended that in the future there will be a need for intersection improvements at the Mauna Lani Resort access road. The Department of Transportation prefers a grade separated intersection (interchange) in conjunction with a 4-lane highway. However, the 4-lane highway does not appear to be short-term possibly due to fiscal limitations. The applicant has proposed two alternatives, interim interchange improvements or signalization until the final interchange is constructed. The applicant intends to work with the Department of Transportation in this regard. Potable water will be provided through a private system of wells, storage and distribution facilities. The fornier owner of the project drilled and tested two wells at the well field at Ouli, approximately seven miles from the subject property. Initial test results indicate that water from these wells and future wells should be sufficient for the overall project wells. The anticipated demand for potable water is 1.3 mgd (million gallons per day) based on the Water Resource Report. When the wells and additional upgrades to the water system are constructed and completed by the applicant, they will be dedicated to the County. Non-potable water is proposed to be gained from six (6) brackish wells on site. These wells will be constructed by the applicant and kept under private ownership. PC-97 PC-97 Page 5 May 2, 2000 Wastewater disposal will be accommodated by a private wastewater treatment plant on site because there is no municipal sewage system in the immediate vicinity. The treated effluent will be disposed of in compliance with State Department of Health requirements and used to support the irrigation needs of the golf course and landscaped areas. Solid waste generated by the project will be disposed of at the new landfill at Puuanahulu. A Solid Waste Management Plan will be prepared by the applicant and submitted to the Department of Public Works for their approval. Electricity will be provided to the project site from an existing 69-KV overhead transmission Tine located approximately 3 miles mauka of the Queen K Highway. Police, Fire, Medical and Educational facilities are available to the site. Fire protection is located approximately 15 miles south of the project area, and the Mauna Lani Station located further north. The State Kona Hospital is located in Kealakekua, approximately 24 miles south of the project area. The North Hawaii Community Hospital is located in Waimea. Public educational facilities are Kahakai, Konawaena, and Kealakehe Schools. In addition, several private schools are located in Kamuela, Kapaau, Kailua, Holualoa and Honaunau. At today's meeting George Robertson was the sole person to provide testimony. He also presented testimony at Monday Wife's public hearing and spoke against the proposed measure. He claims that our present zoning code is flawed. Committee Member Curtis Tyler stated that the Planning Commission did not have the TIAR and the time share study before they made their decision, and passage of the resolution today would not be in the best public interest. Committee Member Julie Jacobson also stated that the Planning Commission did not have ample information in order to render a decision. She also named members of the Council who received campaign contributions from representatives of the applicant and stated that they will be voting in favor of the measure because they received funds from them. Committee Member Al Smith stated that he is "not for sale", in response to Julie Jacobson's statements. Your Chair stated that she will be voting Kanalua x2 because she would like to check with Corporation Counsel on the legal standing regarding Attorney Steve Strauss' letter for Protect Puako. Your Chair also stated that we will be looking into the possibility of having the Council hear this measure twice instead of the usual one time for Resolutions. Committee Member Aaron Chung also stated that he would vote Kanalua x2 for now because the time share element won't have a large impact on the overall development. However, he, too, would like to look into the legal aspects of this process, and may vote no later in the future. PC-97 PC-97 Page 6 May 2, 2000 Your Committee concurs with the Planning Commission and the Planning Director for recommending a favorable consideration for the time share request. Your Committee on Planning is in accord with the intent and purpose of Res. 229-00 and recommends its adoption. AYES NOES A & F, EX LEITHEAD-TODD X TYLER X CHUNG X GI,ARIONOPF X JACOnSON X PISICCHIO X SMrfH X YAGON(i X ARAKAKI 1?.O. M. X Respectfully submitted COMMITTEE ON ~ANNI leap i~ BO 'P~JE7(N LE THEAD-TODD, CHAIR PC REPORT NO. 97 ADOPTED: