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HomeMy WebLinkAboutREP PC 029 2019/08/06 2018-2020 REPORT OF THE COMMITTEE ON PLANNING DATE: August 6, 2019 Re: Comm. No. 366/Bill No. 90 PLACE: Council Chambers Hilo, Hawaii TIME: 11:32 a.m. Council Chair and Members Hawaii County Council Hilo,Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 90,reports as follows: Bill No. 90,transmitted by Managing Director Wil Okabe via Communication No. 366, dated July 12, 2019, is an Ordinance amending Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning) of the Hawaii County Code 1983 (2016 Edition, as amended), by changing the District Classification from Agricultural—Three Acres(A-3a)to Single Family Residential— 10,000 Square Feet(RS-10) at Waidkea, South Hilo, Hawaii, covered by Tax Map Key: 2-4-080:013. The Windward Planning Commission, at its duly noticed meeting on July 11, 2019, forwarded to your Committee a favorable recommendation for the passage of the proposed bill. It noted that the Commission concurred with the Planning Director's reasons for a favorable recommendation, including 1)the Change of Zone request conforms to the goals,policies, and standards of the General Plan Economic and Land Use Elements, 2)the rezone request conforms to the Land Use Pattern Allocation Guide (LUPAG) Map, 3)the rezone will result in a more appropriate land use pattern that will further the public necessity and convenience and the general welfare, 4)the proposed request would not burden public agencies to provide utilities and services to subject property, and 5)the request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management, as it is not located in a Special Management Area. Appearing before Your Committee was developer Craig Linder on behalf of the applicant, Charles Umemoto. Mr. Linder explained that the purpose of the request was to get the subject property to conform with the zoning of the surrounding lots and create more housing in the area. Planning Program Manager Jeff Darrow approached Your Committee after Chair Ashley Kierkiewicz explained that she wanted to have more information surrounding the grading and grubbing of the property to address testimony that had been given regarding flooding concerns of adjacent lots, particularly those at a lower elevation. Mr. Darrow explained that a grubbing pen-nit for the entire seven acre parcel had been granted and noted that grubbing and grading are distinct from one another and each require their own permit. Mr. Darrow further explained that a drainage study is required under Condition 1, and that Conditions J and K also establish requirements for grading activity. He read part of Condition I that notes, "all development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works prior to the issuance of a construction permit." Mr. Darrow further shared that he believed there was confusion that the development would assist with PC Report No.29 PC-29 Page 2 August 6,2019 minimizing flooding in the area,but the applicant is only required to manage flooding and mitigate runoff for their particular project. He said that the entire area is listed as FEMA Flood Zone X, an area of minimal flood hazard outside of localized flooding with excessive heavy rains. Vice-Chair Susan Lee Loy stated that staff from the Department of Public Works would be coming forward to share information about Army Corps of Engineers work to be completed in the upper Waiakea Uka area to mitigate flooding and improve channelization to divert water back to appropriate floodways and canals. Council Member Herbert M. "Tim"Richards stated he could not ignore the concerns of the testifier regarding flooding. Council Chair Aaron Chung asked the testifier,Neil Gyotoku,to explain in more detail the flooding that he and his neighbors have experienced. Mr. Gyotoku referenced flooding in 2000 and Hurricane Lane in 2018. Council Member Matt Kaneali`i-Kleinfelder stated that as development increases, flooding would as well. Mr. Darrow commented that the environmental report from the Army Corps of Engineer project had been completed and received by the Planning Department and was available online. He said that many of the issues being discussed would be addressed in their project and he looked forward to it. Vice Chair Lee Loy described more detail about the project and was pleased to know the Planning Department was utilizing the study to make good land use decisions. Acting Building Chief Robyn Matsumoto arrived on behalf of the Department of Public Works per Vice Chair Lee Loy's request to bring forth more information about the Army Corps of Engineer flooding mitigation study and projects. Ms. Matsumoto noted she was not as familiar with the project as Civil Engineer Bryce Harada, but if the subject property was designated as Zone X by FEMA,the only flooding it would experience would be localized. She stated she was not sure how the Army Corps of Engineer project would impact this particular project and would have to research to find out. Chair Kierkiewicz clarified with Mr. Gyotoku his desire to not stop the project, but to have a drainage study done prior to granting the change of zone request. Mr. Darrow explained that the drainage study was the next order of business, and that no grading permit would be issued without it. Chair Kierkiewicz confirmed that if the rezone was granted today, one of the conditions was that a drainage study would have to be completed. Civil Engineer Bryce Harada was brought before Your Committee upon his arrival and Vice Chair Lee Loy asked him to explain the Army Corps of Engineers study in more detail and to address the concerns expressed by Mr. Gyotoku. He provided some information about three sites proposed to assist with flooding mitigation. He could not speak to the amount of water that would be mitigated when asked, or how it would directly impact or assist with flooding at the subject property before the Committee. Council Chair Chung wanted to know how the drainage study would be able to measure whether or not an appropriate amount of water had been mitigated. Mr. Darrow explained the nuances between when to allow construction permits, land altering permits, and the like, and when to allow projects to proceed based upon various studies that are required. Process within the Department of Public Works, such as the review of studies conducted by outside licensed engineers,were discussed in more detail with Ms. Matsumoto. PC Report No.29 PC-29 Page 3 August 6,2019 Council Member Karen Eoff asked if additional language in Condition I could be included to allay the flooding fears of the neighbors. Mr. Darrow suggested replacing "issuance of a construction permit"to "issuance of any land altering permit"in the second sentence. Chair Kierkiewicz asked Mr. Linder for his thoughts around the suggested amendment to Condition I and the discussion in general. Mr. Linder clarified that the grubbing permit had been issued so that the drainage study required could be accurately and successfully completed. He said that they had already hired a licensed civil engineer for the drainage study, and they required that a licensed surveyor complete a topography survey in order for them to complete an accurate drainage study. The surveyor could not perform this task without the property being cleared,thus the grubbing permit had been obtained. Chair Kierkiewicz noted that grubbing need to be complete in order to obtain an accurate assessment of potential flooding and mitigation measures, and that nothing would be constructed on the subject property until mitigation measures (if necessary) had been reviewed and approved. Council Chair Chung stated that the technical expertise of both Public Works and Planning needed to be relied upon by the Committee. Council Members Maile David and Matt Kaneali'i-Kleinfelder added a few comments in concurrence and that they were also in favor of the measure. Mr. Linder responded to a question from Chair Kierkiewicz about timeframe for scheduled work, and noted that he anticipated the survey would be completed by the end of the week and that the civil engineer conducting the drainage study would have their study completed within two weeks after receipt of the topographic survey. There would be no further work on the lot until the completion of the drainage study. Chair Kierkiewicz said based on the information from the applicant's representative and the drainage study already in motion, she did not see a need for amending Condition 1, and was comfortable moving the measure forward to the Council as is. She noted that amendments to the bill could be entertained at first reading, depending on the information gleaned from the drainage study. 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. 90, 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'l-KLEINFELDER X LEE LOY X POINDEXTER X ASHLEY L. KIERKIEWICZ, CHAIR RICHARDS X PC REPORT NO.: 29 VILLEGAS X ADOPTED: AUG 2, 1 -20-19