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HomeMy WebLinkAboutREP PC 021 2019/04/23 2018-2020 REPORT OF THE COMMITTEE ON PLANNING DATE: April 23, 2019 Re: Comm. No. 196/Bill No. 47 PLACE: Council Chambers Kailua-Kona, Hawai`i TIME: 1:37 p.m. Council Chair and Members Hawai`i County Council Hilo, Hawai`i 96720 Your Committee on Planning, to which was referred Bill No. 47, reports as follows: Bill No. 47, transmitted by Mayor Harry Kim via Communication No. 196, dated March 13, 2019, amends Section 25-8-11(Lalamilo-Pu`ukapu), Article 8, Chapter 25 (Zoning) of the Hawai`i County Code 1983 (2016 Edition, as amended), by changing the district classification from Agricultural—Forty Acres (A-40a)to Agricultural—Five Acres (A-5a) at Pu'ukapu Homesteads 2nd Series, Waimea, South Kohala, Hawai`i, covered by Tax Map Key: 6-4-017:043. The applicant, 64-560 Mamalahoa LLC, intends to subdivide the property into two lots, one of which would include an existing dwelling and be approximately 5 acres in size, and the second lot would be a flag lot approximately 5.94 acres in size. The Planning Director provided a favorable recommendation, finding that the approval of a change of zone request would result in an appropriate land use pattern that would further the public necessity and convenience, and the general welfare. The Leeward Planning Commission, at its duly noticed meeting on February 21, 2019, forwarded to your Committee an unfavorable recommendation, citing concerns over flood control and the applicant's request to allow two driveway access points on Mamalahoa Highway. Your Committee first heard Bill No. 47 at its meeting in Hilo on April 9, 2019. Daniel Kenknight, manager of Mamalahoa LLC, and Zendo Kern,planning consultant, appeared before the Council. Mr. Kern provided a brief overview of the project, noting that the zoning was acceptable to the Planning Department and met all land use criteria. He described similar properties adjacent to and across from the subject property, all with similar zoning and flooding concerns. Mr. Kern stated that the Planning Commission provided an unfavorable recommendation due to issues of flooding as well as on the request to have two separate driveways enter Mamalahoa Highway, noting that this was a challenging "spaghetti" lot. Mr. Kern pointed out that the nearby flood plain was not part of the actual lot and that Conditions J and K set forth by the Planning Department mitigated flooding and addressed flood plain management, in conjunction with the expertise of a civil engineer who was also part of the project. Committee Chair Ashley Kierkiewicz clarified that the Planning Commission wanted to have a flood control plan before making a recommendation, and Mr. Kern explained that no such request for such a plan had been made. PC Report No.21 PC-21 Page 2 April 23,2019 Council Member Valerie Poindexter asked Mr. Kern if he had met with neighbors in the area of the subject property. Mr. Kern said he had not done so,though he had attempted. She explained that she would not be able to vote in favor of the project until a meeting occurred as she received several letters of concern from her constituents neighboring the property. Mr. Kern questioned whether it would be acceptable to move forward on the measure and stated he would meet with neighbors before the next Planning Committee meeting. Council Member Poindexter stated that she would still not vote in favor and also wanted to meet with them in conjunction with Mr. Kern. Council Member Rebecca Villegas noted she would not vote in favor of the measure given what was presented and that seeing an unfavorable recommendation from the Leeward Planning Commission caused her to "take heed." Committee Chair Kierkiewicz called forth Planning Director Michael Yee and Planning Program Manager Jeff Darrow and asked them how to proceed without any conditions from the Planning Commission. Mr. Darrow said the zoning was consistent with the General Plan, noting that the applicant had originally come in with a higher density plan and received an unfavorable recommendation at that time. He further explained that extensive engineering flooding grading plans are not a requirement at this point in the process, and that Planning Department's recommended conditions for this ordinance were based on Chapter 27 of the Hawai`i County Code, which addresses flood plain control.Director Yee stated he was in a somewhat awkward position with the discrepancies in recommendation from the Planning Department and the Planning Commission, but as a believer in"the process"he was there to support the Planning Commission's unfavorable recommendation. Committee Vice Chair Sue Lee Loy acknowledged the need to meet with the neighbors of the nearby lots and that the letters of concern were a perfect opportunity to engage with them. Ideally, the conditions of approval could even be refined with these individuals but in the meantime there was nothing to work with and she was looking forward to finding a way to move the measure forward. Committee Chair Kierkiewicz expressed her desire to make the next meeting on the measure productive and asked Mr. Darrow to explain how flooding issues on the neighboring properties—specifically those that had been rezoned—had been mitigated. Mr. Darrow stated he had handled zoning ordinances on two other properties in the area and recalled that there had been public testimony. He said that flooding in the area of the lot is a common factor and read aloud a condition of one of these ordinances: "Prior to the submittal of a subdivision application for the subject property, the applicant shall, upon consultation with surrounding property owners and other concerned public agencies,prepare and submit a drainage plan related to the proposed subdivision for review and approval of the Department of Public Works. The approved drainage plan shall reflect all development generated runoff to be retained or disposed of on site and shall not alter any existing water courses that may be entering or exiting the subject property, or be directed toward any adjacent properties. Furthermore, the approved drainage plan shall be implemented prior to, or in conjunction with, the issuance of final subdivision approval." Committee Chair Kierkiewicz asked Council Member Poindexter if the condition, as read by Mr. Darrow, as well as Planning Department's recommended conditions, would provide the balance she sought to vote in favor of the measure. Council Member Poindexter stated it was, and she would meet with Mr. Kern to arrange the meetings with the individuals of the neighboring properties. PC Report No.21 PC-21 Page 3 April 23,2019 Committee Chair Kierkiewicz asked Department of Public Works Civil Engineer Robyn Matsumoto to discuss the access points of the property. Ms. Matsumoto stated that Mamalahoa Highway is an arterial highway, and as a result DPW limits the number of access points. She went into further detail regarding possible access points and additional requirements they might have based on their location within the property due to the area being flood prone. Committee Chair Kierkiewicz confirmed with Mr. Kern that amendments would be made to the conditions as recommended by the Planning Department and that he would work with Council Member Poindexter to address concerns that the neighboring property owners had. She noted that the condition as read by Mr. Darrow would be added and noted an addition to Condition E, stating that access points to the property shall meet the approval of Department of Public Works. Council Member Richards noted he was looking forward to the amendments and that the requests that were made by Council and the community were reasonable. Council Member Matt Kaneali`i-Kleinfelder asked additional questions regarding flooding and the possibility of the lot being bisected in the future for road connectivity. Mr. Darrow addressed these questions and concerns and acknowledged that there would be a 50-foot right of way, and Conditions G and H spoke to this. Mr. Kern noted that if the connectivity road were to be built, new access points would be established at that time. A motion was made to postpone the matter to the next Planning Committee meeting in Kona on' April 23, 2019, with the requirement that Council Member Poindexter facilitate a meeting between the community and the applicant. Committee Vice Chair Lee Loy offered to draft proposed conditions of approval to the bill before the meeting with community. Bill No. 47 was then postponed to the meeting on April 23, 2019, in Kailua-Kona. At the meeting on April 23, 2019, Council Member Poindexter recounted the multiple meetings that she held with the applicant and the neighbors, and the site visits to the subject property. She then invited Mr. Kern to provide more information. Mr. Kern agreed that there existed on the subject parcel a flooding issue that exists with or without the change of zone. He said the applicant agreed to work with surrounding property owners, especially the Onodera property on the subject parcel's eastern boundary and submitted to them a letter providing that commitment in writing. The applicant is willing to ensure whatever work goes in there makes the flooding situation better and offered to install a French drain. Council Member Poindexter expressed support for the drainage improvements that would be installed by the applicant, and called the rezoning request a blessing in disguise. Mr. Kern said the land set aside for possible future road development was for something far in the future. There was no intention with the current rezoning effort. Committee Chair Kierkiewicz invited Mr. Darrow and Planner Christian Kay, who appeared by videoconference from Hilo, to comment on the proposed amendments that included conditions of approval. Mr. Darrow affirmed that the proposed amendments to Bill No. 47 were substantially similar to those proposed by the Planning Department, with additional changes that arose as a result of the Planning Committee discussion on April 9, 2019. Addressing the concerns of a testifier regarding future road PC Report No.21 PC-21 Page 4 April 23,2019 developments, Mr. Darrow said the Planning Department tries to look at the long term and provide road connectivity, with the ultimate goal of alleviating traffic congestion by minimizing access points along the highway. Vice Chair Lee Loy then moved to amend Bill No. 47 with the contents of Communication No. 196.2. During the subsequent discussion, Vice Chair Lee Loy asked Mr. Darrow if the amendment had the support of the Planning Department, to which Mr. Darrow replied in the affirmative. Vice Chair Lee Loy then asked Mr. Kern if the applicant had read and did support the proposed conditions of approval,to which Mr. Kern replied in the affirmative. Vice Chair Lee Loy said she would support the amendment. The amendment was adopted without further discussion. There was no further discussion on the amended bill. Your Committee on Planning is in accord with the purpose and intent of Bill No. 47, as amended to Draft 2, and recommends its passage on first reading. ck/ps AYES NOES ABS EX Respectfully submitted, CHUNG X DAVID x COMMITTEE ON PLANNING EOFF X KANEALI°I-KLEINFELDER X KIERKIEWICZ X LEE LOY X POINDEXTER x ASHLEY L. KIERKIEWICZ, CHAIR RICHARDS X PC REPORT NO.: 21 VILLG S E A X ADOPTED: MAY 0 8 2019