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HomeMy WebLinkAboutREP PC 009 2019/02/19 2018-2020 REPORT OF THE COMMITTEE ON PLANNING DATE: February 19, 2019 Re: Comm. No. 92/Bill No. 23 PLACE: Council Chambers Kailua-Kona, Hawai`i TIME: 10:16 a.m. Council Chair and Members Hawai`i County Council Hilo, Hawai`i 96720 Your Committee on Planning, to which was referred Bill No. 23, reports as follows: Bill No. 23, transmitted by Mayor Harry Kim via Communication No. 92, dated January 17, 2019, amends: (1) Ordinance No. 09-049, which amended Ordinance No. 95-118, which amended Ordinance No. 92-036, which reclassified lands from Unplanned(U) and Double-Family Residential—3,750 square feet (RD-3.75) to Multiple Family Residential—2,500 square feet (RM-2.5) and Village Commercial 7,500 square feet(CV-7.5), respectively, at Hienaloli 4th and 5th, North Kona, Hawaii, Tax Map Key: 7-5-010: portion of 013 (formerly 7-5-023:063); and (2) Ordinance No. 09-050, which amended Ordinance No. 06-138, which amended Ordinance No. 90-010, which amended Ordinance No. 86-049, which reclassified lands from Multiple Family Residential—2,000 square feet(RM-2) to Village Commercial—7,500 square feet(CV-7.5) at Hienaloli 5th and 6th,North Kona, Hawaii, Tax Map Key: 7-5-010: portion of 013 (formerly 7-5- 023:064 and 067) (Applicant: T&M Properties, LLC (formerly Samson, LLC) (Area: approx. 6.467 Acres). Mayor Kim forwarded the Leeward Planning Commission's favorable recommendation from its December 10, 2018 public hearing for the Change of Zone Ordinances with added condition (Condition B)to limit the development of the property to an independent senior living facility and condition(Condition P)to have the applicant assess the historic features at Site 13673 and submit a report to the State Historic Preservation Division. Appearing for the applicant was Planning Consultant Sidney Fuke who explained that the measure was a time extension request. He added that he wanted to eliminate Condition B, to make mandatory that the project development be a 104-unit condominium independent senior living facility. Mr. Fuke noted that deleting the condition would contribute to the island's overall housing needs, allowing for multiple family use, and particularly because 20% of the units would have to meet affordable housing requirements. He explained that the Leeward Planning Commission expressed concern over developer motives and requested the Planning Director include the condition, but that they would let the Council make the final recommendation. The LPC meeting transcript verifies this. Council Member Karen Eoff asked if the zoning for the project was still appropriate. Mr. Fuke stated that it was consistent with the Kona Community Development Plan, the General Plan, and fulfilled all other requirements and criteria. She stated that the traffic impact analysis was completed with the project PC Report No.: 9 PC-9 Page 2 February 19, 2019 slated to be used as a senior living development. Council Member Eoff noted the need for more senior independent living facilities and expressed her desire to leave Condition B in the ordinance. Mr. Fuke questioned the legality of restricting the property to a specific use rather than what is allowed under its RM zoning. He noted that the current developer did not want to limit the project to independent senior living in the event there was not a sufficient market for it in the future. Council Member Eoff asked Planning Program Manager Jeff Darrow to clarify who added the condition in to limit the project development to an independent senior living facility, and asked for his suggestion on whether to keep or eliminate it. Mr. Darrow stated that generally the Planning Commission and the Council do not restrict the use of property in this manner as that is not the ultimate intent of zoning, which allows for a number of uses. He explained that most applicants will propose some details of their project, which in this case had been independent senior living, but oftentimes due to changes in the economy or other circumstances, other projects permitted under the zoning are considered. He explained that because of the specific language of Condition B, if the applicant no longer wanted to pursue an independent senior living facility they would have to amend the ordinance. Council Member Eoff stated that she had spoken with the applicant and they told her directly that this project would be for independent senior living. Mr. Fuke stated that the owner/developer did not want to limit eligibility to only seniors and reiterated that by eliminating this condition it would aid the island's overall need for housing. Council Member Maile David pointed out that Condition B stated that the proposed project"should" remain senior living, not "shall."Mr. Fuke wanted to clarify if it was the Council or the planning director who was responsible for defining the term"should."Deputy Corporation Counsel Amy Self interjected and stated that this was an inadequate way to state a condition of zoning. She explained that the language should be clear to whoever reads it and noted that the purpose of zoning is to describe permitted uses of what can be done with a property versus being tied to something so specific. Although the language came from the Planning Commission, as had been pointed out by Council Member David, it did not mean that it must remain as a condition. She reiterated that it was critical the language was not ambiguous, and be clear and understandable to whoever reads it. Planning Committee Vice-Chair Sue Lee Loy stated she would be willing to work with the Kona Council Members and assist in creating a second draft to make the condition more clear. She noted she wanted to help manage the expectation of the applicant and the potential uses for the project, and supported moving the project forward. Planning Committee Chair Ashley L. Kierkiewicz explained that Vice-Chair Lee Loy had assisted in this same way with Bill No. 1 and believed it was good practice that council members from the project's area also participate. Council Member Eoff asked if the plan was to remove the language only,to which Vice-Chair Lee Loy explained that they had an opportunity to do whatever was needed and would ultimately confer with Corporation Counsel, as she had done with Bill No. 1. Planning Chair Kierkiewicz noted it was the Council's responsibility to create good policy, and to ensure ordinance language was drafted clearly. She noted that the proposed amendment would encourage the developer to pursue development of an independent senior living facility, but not limit development to that specific use. Council Member Kierkiewicz requested that the Committee move the bill forward and that theCouncil would review and vote on the revised bill with amendments crafted by Council Members PC Report No.: 9 PC-9 Page 3 February 19, 2019 Lee Loy and Eoff at First Reading. Council Member Eoff and Mr. Fuke were agreeable to assisting with this course of action. The vote was then taken on the motion to move this measure to council with a positive recommendation and passed with nine "ayes." Your Committee on Planning is in accord with the purpose and intent of Bill No. 23, and recommends its passage on first reading. ck AYES NOES ABS EX Respectfully submitted, CHUNG X DAVID x COMMITTEE ON PLANNING EOFF X KIERKIEWICZ X KANEALI`I-KLEINFELDER X LEE LOY X • POINDEXTER x AS LEY L. KIERKIEWICZ, CHAIR RICHARDS X PC REPORT NO.: 9 VILLEGAS X ADOPTED: MAR 2 8 2019