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Home My WebLink AboutREP PC 051 2016/04/05 (2014-2016) REPORT OF THE COMMITTEE ON PLANNING DATE: April 5, 2016 Re: Comm. No. 495/Bill No. 102 PLACE: Council Chambers Hilo, Hawai`i TIME: 9:30 a.m. Council Chair and Members Hawai`i County Council Hilo, Hawai`i 96720 Your Committee on Planning, to which was referred Bill No. 102, reports as follows: Bill No. 102, transmitted via Comm. 495 by Council Member Dennis "Fresh" Onishi via Communication 495 dated October 2, 2015 amends Ordinance No. 10-110, which amends Ordinance No. 08-39, which reclassified lands from Single-Family Residential — 10,000 square feet (RS-10) to Neighborhood Commercial —20,000 Square Feet (CN-20) at Waiakea, South Hilo, Hawaii, covered by Tax Map Key 2-2-040:121. The bill removes the requirement in Condition G to provide curb, gutter, and sidewalk improvements along the frontage of the subject property, which is located along the west side of the Kilauea Avenue/Puainako Street intersection. The applicants are Jin Soo and Ran Hui Lida, and the subject parcel covers 23,559 square feet of land. Your Committee on Planning voted on October 20, 2016, to refer this bill to the Planning Director and the Windward and Leeward Planning Commissions. The Windward Planning Commission, which has sole jurisdiction over planning-related matters within the South Hilo District, voted at its duly held public hearing on March 3, 2016, to send an unfavorable recommendation to the Council. Communication No. 495.2 dated March 14, 2016, forwards an unfavorable recommendation to Your Committee from the Windward Planning Commission via Mayor William P. Kenoi. Bill 102, along with Communication 495.2, was placed on the Your Committee agenda for April 5, 2016 for further consideration. Mr. Onishi referred to the Windward Planning Commission's unfavorable recommendation contained in Communication No. 495.2, and asked Planning Director Duane Kanuha to explain the recommendation. Director Kanuha stated that the bill had a lot of discussion in the Director's background report and also the commission's recommendation relating to how the requirement of curbs, gutters, and sidewalks not be waived in anticipation of the comprehensive review of the General Plan. Director Kanuha explained that the recommendation was not to delete in its entirety the condition but to defer those improvements until the County took the initiative to come along and address comprehensive improvements to all of Kilauea Avenue. Mr. Onishi made a motion to amend Bill No. 102 with the contents of Communication No. 495.3, which was then seconded. Mr. Onishi stated that his amendment accomplishes the alternate option provided by the Commission in its unfavorable recommendation, which is "for the landowner to provide for their pro PC Report No.: 51 PC-51 Page 2 April 5, 2016 rata share of the cost of constructing the curb, gutter and sidewalk improvements at the time when such improvements are required upon adjoining properties or when implemented by the County." Ms. Wille asked Director Kanuha whether adequate space would be available for the improvements at the appropriate time, referring to her experience in Waimea when conditions are deferred and the property is sold to a new owner. She said she wanted to make sure the County was not being exposed to a potential liability. Director Kanuha stated the amount of land necessary to construct the improvements is available. Ms. Wille stated there should be some kind of notice of deferred conditions required if the property is sold. Mr. Kanuha stated his support of the amendment and asked Director Kanuha whether there is a timeline for the improvements to Kilauea Avenue. Director Kanuha stated there is no timeline. Mr. Kanuha stated, and Director Kanuha agreed, that the cost of improvements to the property would increase over time. The amendment was approved. There was no discussion on the main motion. Your Committee on Planning is in accord with the purpose and intent of Bill No. 102, as amended to Draft 2 with the contents of Communication No. 495.3, and recommends passage on first reading. ps AYES NOES ABS EX Respectfully submitted, CHUNG X DAVID x COMMITTEE ON PLANNING EOFF X ILAGAN X KANUHA X .0" ONISHI X ��I ,� PALEKA x G' GOR AGAN, CH: R POINDEXTER X PC REPORT NO. 51 APR 2 0 2016 WILLE X ADOPTED: