COM 0795.001 1996-1998 - Laserfiche WebLink

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~ tl In response to the public testimony, Mr. Fuke said that there is no question if one is looking at numbers that there are available vacant industrial and commercial lands in Keaau, noting 60 percent of commercially zoned lands in Puna are owned by Shipman; however, if the amount of developable property is a criteria to make a decision to approve or deny a request, there is no way one can justify any rezonings on this island. He pointed out the General Plan policies talk about providing opportunities in terms of location, competition and giving people an alternative. He said if the State had concerns about access points, they should have considered service roads; but the die is cast and Milo Street is an existing roadway. He said Mr. McCully proceeded with the ML and subsequently MCX rezoning because he was released from the June 20, 1996 covenants stating he would refrain from seeking any special permit for industrial or commercial uses on the property. He added there was not much concern by the State Department of Transportation because of their plans to address the traffic situation. Mr. Saunders pointed out that when the decision was made to approve of the ML zoning, he did not believe the traffic report looked at the potential for a home depot or other major traffic attractors, noting W. H. Shipman, Inc. did not have opportunity to look into that at the time the approval was given. Chairman Balog said there is no guarantee a traffic signal light will be installed by the State as they could require left- and right-turn ins, and only right-turn out, with pocket lanes to hold the traffic. Mr. Fuke reiterated that the MCX zoning was not in existence when the applicant applied for ML zoning. In response to Commissioner McIntosh's inquiry, Mr. Giannini said there has been no written order by Judge Ibarra that the new Zoning Code was adopted improperly. Chairman Balog suggested in the ten-year General Plan Review the Department look at expanding the high density area in Keaau. Director Goldstein felt the Commission should look at not only the high density area but what the General Plan suggests in terms of looking at the urban expansion area so that the overall growth should be more on the mauka side towards Kurtistown rather than the makai side of the Keaau-Pahoa Highway. Mr. Fuke disagreed with the Planning Director and said the General Plan industrial designation (gray) is appropriate for this development. Commissioner Mosher said she could not see the Commission reversing its decision a few months earlier, to which Mr. McCully said he did not view it as a reversal but a clarification of uses appropriate to the property and meeting the needs of the community. Mr. Fuke gave the analogy of one coming in for an RS-10 zoning and later coming in for an RS-15 where the basic intent is residential, and in their case it's industrial. He said the argument they were trying to make is that this form of industrial while still consistent with General Plan's overall objectives would better meet the community's needs, noting the infrastructure concerns would be addressed, no different than how the existing zoning is. -14-