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Home My WebLink AboutCOM 0642.003 2012-2014 J�tv os• �o.•�� ... Walter K.M.Lau -^ �10 Managing Director a � William P.Kenoi • �. �t'•�� Mayor _ Randall M.Kurohara r4r�,o�•n',�� . Deputy Managing Director • County of Hawaii Office of the Mayor 25 Aupuni Street,Suite 2603 • Hilo,Hawaii 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawai`i 96740 (808)323-4444 • Fax(808)323-4440 Cn June 9, 2014 c = o V –,—C f— J Yoshimoto, Council Chair prn and Members of the County Council County of Hawai`i ro 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yoshimoto and Members: SUBJECT: County Council Initiated (Bill No. 191) Amending Chapter 25, Article 5, Division 14 of the Hawai`i County Code 1983 (2005 Edition, As Amended),by Allowing Village Commercial (CV)Zoning District Uses Within the Limited Industrial (ML) Zoning District County Council Initiated(Bill No. 192) Amending Chapter 25, Article 5, Division 14 of the Hawai`i County Code 1983 (2005 Edition,As Amended),by Allowing Village Commercial (CV)Zoning District Uses Within the Industrial-Commercial Mixed (MCX)Zoning District As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Windward and Leeward Planning Commissions' letters and enclosures regarding the above-referenced requests. Sincerely, William P. Kenoi Mayor Enclosures Comm. No. l0 q°2. 3 Ref.To: PC- cc: Planning Department Ref. Date JUN 1 9 2014 County of Hawai`i is an Equal Opportunity Provider and Employer. +tvorM ., __L•r T�of*ako County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 JUN — 9 2014 J Yoshimoto, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yoshimoto and Council Members: County Council Initiated (Bill No. 192) Amending Chapter 25, Article 5, Division 14 of the Hawaii County Code 1983 (2005 Edition, As Amended), by Allowing Village Commercial (CV) Zoning District Uses Within the Industrial-Commercial Mixed (MCX) Zoning District The Windward Planning Commission at its duly held public hearing on May 1, 2014, considered County Council initiated Bill No. 192 amending Chapter 25, Article 5, Division 14 of the Hawai`i County Code 1983 (2005 Edition, as Amended)by allowing Village Commercial (CV) zoning district uses within the Industrial-Commercial Mixed Use (MCX) zoning district. The Commission voted to forward an unfavorable recommendation to the County Council on the request. We have enclosed a copy of the Planning Director's Background and Recommendation and transcript of the hearing for your information. Sincerely, tt---4--,_- Ronald Gonzales, Chairman Windward Planning Commission Lccbill192wpc.doc Att. cc: Planning Department - Kona Hawai`i County is an Equal Opportunity Provider and Employer ■• County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 JUN - 9 2014 J Yoshimoto, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yoshimoto and Council Members: County Council Initiated (Bill No. 192) Amending Chapter 25, Article 5, Division 14 of the Hawai`i County Code 1983 (2005 Edition, As Amended), by Allowing Village Commercial (CV) Zoning District Uses Within the Industrial-Commercial Mixed (MCX)Zoning District The Leeward Planning Commission at its duly held public hearing on May 15, 2014, considered County Council initiated Bill No. 192 amending Chapter 25, Article 5, Division 14 of the Hawai`i County Code 1983 (2005 Edition, as Amended)by allowing Village Commercial (CV) zoning district uses within the Industrial-Commercial Mixed Use(MCX) zoning district. The Commission voted to forward an unfavorable recommendation to the County Council on the request. We have enclosed a copy of the Planning Director's Background and Recommendation and transcript of the hearing for your information. Sincerely, Brandi Beaudet, Chairman Leeward Planning Commission Lccbill 1 921pc.doc Att. cc: Planning Department - Kona Hawai`i County is an Equal Opportunity Provider and Employer BR-CClnitiated-Bi11192 CV in MCX.doc-04/25/14 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND AND RECOMMENDATION COUNTY COUNCIL INITIATED BILL NO. 192 AMENDMENT TO CHAPTER 25,ARTICLE 5,DIVISION 13, OF THE ZONING CODE,BY ALLOWING VILLAGE COMMERICAL (CV) ZONING DISTRICT USES WITHIN THE INDUSTRIAL-COMMERCIAL MIX (MCX) ZONING DISTRICT The County Council has initiated an amendment to Chapter 25, Article 5, Division 13 of the Hawai`i County Code 1983 (2005 Edition, as Amended)by allowing Village Commercial (CV) zoning district uses within the Industrial-Commercial Mix (MCX) zoning district. BACKGROUND 1. Through Bill No. 192 (Planning Department Exhibit 1), the County Council is proposing amendments to the Zoning Code(Chapter 25, Hawai`i County Code)in order to effectively combine any and all uses allowed within the Village Commercial (CV)zoning district within the Industrial-Commercial Mix (MCX)zoning district. 2. According to Section 25-5-130 (Purpose and applicability) of the Zoning Code, "The purpose of the MCX (industrial-commercial mixed use)district is to allow mixing of some industrial uses with commercial uses.The intent of this district is to provide for areas of diversified businesses and employment opportunities by permitting a broad range of uses, without exposing nonindustrial uses to unsafe and unhealthy environments.This district is intended to promote and maintain a viable mix of light industrial and commercial uses. 3. According to Section 25-5-120 (Purpose and applicability) of the Zoning Code,"The CV (village commercial)district provides for a broad range or variety of commercial and light industrial uses that are necessary to serve the population in rural areas where the supplementary support of the general business uses and activities of a central commercial district is not readily available." ANALYSIS According to Hawai`i County Code, Chapter 25 (Zoning Code),the purpose of the MCX zoning district is to allow mixing of some industrial uses with commercial uses. The intent of this district is to provide for areas of diversified businesses and employment opportunities by permitting a broad range of uses,without exposing nonindustrial uses to unsafe and unhealthy -1- environments (emphasis added). This zoning district is intended to promote and maintain a viable mix of light industrial and commercial uses. In addition,according to the County of Hawai`i General Plan, Chapter 14, Land Use,"Mixed use light industrial and commercial zones may include,but are not limited to,wholesale,retail, office uses and personal and business services." Uses permitted in CV that are currently NOT permitted in MCX • Adult day care homes • Bed and breakfast establishments, as permitted under 25-4-7 • Boarding facilities,rooming, or lodging houses,provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit • Churches, temples, synagogues • Day care centers • Dwellings, double-family or duplex,provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit • Dwellings, multiple-family, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit • Dwellings, single-family • Family child care homes • Group living facilities • Home occupations, as permitted under section 25-4-13 • Hospitals, sanitariums, old age, convalescent, nursing and rest homes and other similar uses • Hotels, when the design and use conform to the character of the area, as approved by the director • Lodges • Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses • Repair establishments,major, when there are not more than five employees, as approved by the director • Schools (MCX requires a Use Permit for a school) The following uses are permitted within the CV district and would potentially be exposed to unsafe and unhealthy environments if permitted with the MCX district: • Adult day care homes. • Bed and breakfast establishments, as permitted under section 25-4-7. • Boarding facilities, rooming, or lodging houses, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. • Day care centers. • Dwellings, double-family or duplex, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. • Dwellings, multiple-family, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. -2- • Dwellings, single-family. • Family child care homes. • Group living facilities. • Home occupations,as permitted under section 25-4-13. • Hospitals, sanitariums, old age, convalescent, nursing and rest homes and other similar uses. • Hotels, when the design and use conform to the character of the area, as approved by the director. • Lodges. • Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. • Schools. The department is concerned about defining permitted uses by simple reference to other zoning districts since it may confuse people attempting to interpret the Zoning Code and what is or is not permitted. If there is a desire to consider a type of use as permitted within a particular zoning district,then the most effective approach is to simply identify that use as specifically permitted within that zoning district,rather than by reference. We cannot support Bill No. 192 for this reason alone. Furthermore, we have concerns regarding Bill No. 192 and its proposed amendment to Section 25-5-138 (c), which states that,"Conflicts regarding CV district uses permitted under section 25-5-132 (b) shall be resolved in favor of the stricter regulations." The potential conflicts in uses are not defined, and it is not clear which"stricter regulations"would be applied to resolve the conflict. However,on a more substantive level,we believe we can find support to allow various types of residential uses and activities that promote the congregation of people within the MCX zoning district. While many industrial types of uses permitted within the limited industrial(ML) zoning district is also permitted within the Industrial-Commercial Mix(MCX)zoning district,it does exclude some of the more noxious types of activities, such as lumber yards,junk yards,and truck and freight terminals. Therefore,the MCX zoning district has excluded those uses generally considered unsafe and hazardous and relegated these uses to the Limited Industrial (ML)and General Industrial (MG)zoning districts. The intent of this district is to provide for areas of diversified businesses and employment opportunities by permitting a broad range of uses, without exposing nonindustrial uses to unsafe and unhealthy environments(emphasis added). The intent of this district is also to provide for areas for a viable mix of diversified commercial and light industrial businesses and employment opportunities by permitting a broad range of uses. The viability of a mixed use commercial and industrial zone can be supported by an integrated residential component as seen in many areas, such as the revitalized Kaka`ako district on O`ahu. -3- The MCX zoning district currently for art galleries and museums,bars, nightclubs and restaurants,churches, fanners markets,banks,personal services, stores,vocational and business schools and theaters. What seems to be missing is residential components like apartment and condominium complexes that would help to sustain a viable mixed-use community. The MCX zoning district was created to promote a viable mix of commercial and light industrial uses that are compatible with one another. And since commercial uses must rely on the congregation of people to support their services,why would we then attempt to exclude people from living in this district? If the County Council supports residential uses and other activities where people congregate within the MCX zoning district, we recommend that such uses be simply listed as a permitted use. RECOMMENDATION For the reasons detailed above, the Planning Director recommends that the Planning Commissions send an unfavorable recommendation to the County Council regarding Bill No. 192,which attempts to allow permitted uses within the Village Commercial(CV) zoning district uses to be permitted within the Industrial- Commercial Mix (MCX) zoning district. -4- Zendo Kern ,c,r � OF e Phone: (808) 965-2712 Mrt OF Council Member �p;�•`� '•N' Fax: (808)965-2707 Council District 5 dt'7 Email: zkern @co.hawaii.hi.us .y' *', - _�i. Mailing Address: ; Planning Committee Chair Hawaii County Building •4rE or M•,;44►`- 25 Aupuni Street Environmental Management Hilo,Hawaii 96720 Committee Chair Hawai`i County Council County of Hawai`i DATE: February 19, 2014 TO: Duane Kanuha, Planning Director FROM: Zendo Kern, Chair XIV Committee on Planning SUBJECT: Referral of Bill No. 192 for Review and Recommendation from the Planning Director and Leeward and Windward Planning Commissions At its meeting on February 18, 2014, the County Council's Committee on Planning referred the attached Bill 192 to the Planning Director and the Leeward and Windward Planning Commissions for review and recommendation, pursuant to Chapter 25, Division 4, Section 25-2-43(b) of the Hawai`i County Code. Please note that the Code allows for 120 days for submittal of the reviews from the Director and Commissions to the Council. The Committee requests that you forward a copy of Bill 192 to the Leeward and Windward Planning Commissions for their respective review and recommendations, as pursuant to the aforementioned Section. Thank you. ZK/dkj att SCANNF D FEB 192O14 By: () s'4 Serving the Interests of the People of Our Island -'1 a n n i n g Dept Hawaii County is an Equal Opportunity Provider and Employer Exhibit 2 COUNTY OF HAWAII • N:=";; '1,•;: STATE OF HAWAII ..................... BILL NO. 192 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 5, DIVISION 13 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), BY ALLOWING VILLAGE COMMERCIAL (CV) DISTRICT USES WITHIN THE INDUSTRIAL- COMMERCIAL MIXED USE (MCX) DISTRICT. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 25, article 5, division 13, section 25-5-132 of the Hawai`i County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 25-5-132. Permitted uses. (a) The following uses shall be permitted in the MCX district: (1) Agricultural products processing,minor. (2) Amusement and recreation facilities, indoor. (3) Art galleries, museums. (4) Art studios. (5) Automobile sales and rentals. (6) Automobile service stations. (7) Bars, nightclubs and cabarets. (8) Broadcasting stations. (9) Business services. (10) Car washing. (11) Catering establishments. (12) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (13) Churches, temples and synagogues. (14) Cleaning plants using only nonflammable hydrocarbons in a sealed unit as the cleaning agent. (15) Commercial parking lots and garages. (16) Community buildings,as permitted under section 25-4-11. (17) Convenience stores. (18) Crematoriums, funeral homes, funeral services, and mortuaries. (19) Data processing facilities. (20) Display rooms for products sold elsewhere. (21) Equipment sales and rental yards. (22) Farmers markets. (23) Financial institutions. (24) Food manufacturing and processing. (25) Home improvement centers. (26) Ice storage and dispensing facilities. • (27) Kennels in sound-attenuated buildings. (28) Laboratories, medical and research. (29) Laundries. (30) Manufacturing, processing and packaging establishments, light. (31) Medical clinics. (32) Meeting facilities. (33) Model homes. (34) Motion picture and television production studios. (35) Offices. (36) Personal services. (37) Photographic processing. (38) Photography studios. (39) Plant nurseries. (40) Public uses and structures, as permitted under section 25-4-11. (41) Publishing plants for newspapers, books and magazines, printing shops, cartographing, and duplicating processes such as blueprinting or photostating shops. (42) Repair establishments, minor. (43) Restaurants. (44) Retail establishments. (45) Sales and service of machinery used in agricultural production. (46) Schools, business. (47) Schools, photography, art, music and dance. (48) Schools, vocational. (49) Self-storage facilities. (50) Telecommunications antennas, as permitted under section 25-4-12. (51) Temporary real estate offices, as permitted under section 25-4-8. (52) Theaters. (53) Utility substations, as permitted under section 25-4-11. (54) Veterinary establishments in sound-attenuated buildings. (55) Warehousing. (56) Wholesaling and distribution operations. (b) In addition to those uses as provided in subsection (a), all other uses permitted in the CV district, as provided in section 25-5-122(a), shall be permitted in the MCX district. [(4)J(c) In addition to those uses permitted under [ ,J subsections (a) and (b), the following uses may be permitted in the MCX district, provided that a use permit is issued for each use: (1) Major outdoor amusement and recreation facilities. (2) Schools. (3) Yacht harbors and boating facilities. [(c)l(d) Buildings and uses normally considered directly accessory to the uses permitted in this section shall also be permitted in the MCX district." 2 SECTION 2. Chapter 25, article 5, division 13, section 25-5-138 of the Hawai`i County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 25-5-138. Other regulations. (a) Plan approval shall be required for all new structures and additions to existing structures in the MCX district. (b) Exceptions to the regulations for the MCX district regarding heights, building site areas, building site average widths and yards, may be approved by the director within a planned unit development. (c) Conflicts regarding CV district uses permitted under section 25-5-132(b) shall be resolved in favor of the stricter regulations." SECTION 3. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material and underscoring need not be included. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance, which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 5. This ordinance shall take effect upon approval. INTRODUCED BY: MkA OA° COUNCIL MEMBER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE Com 642 3 LEEWARD PLANNING COMMISSION COUNTY OF HAWAI`I HEARING TRANSCRIPT MAY 15, 2014 Regularly advertised hearings on the COUNTY COUNCIL INITIATED AMENDMENT TO CHAPTER 25 OF THE HAWAII COUNTY CODE,BILL NO. 191 AND BILL NO. 192, were called to order at 10:55 a.m. in the West Hawaii Civic Center, Community Center, Building G, 74-5044 Ane Keohokalole Highway, Kailua-Kona,Hawai`i, with Chairman Brandi Beaudet presiding. COMMISSIONERS PRESENT: Brandi Beaudet, Geraldine Giffin,Thomas Hickcox, Collin Kaholo, Barbara Nobriga and Thomas Whittemore ALSO PRESENT: Bobby Command (Deputy Planning Director),Margaret Masunaga(Deputy Corporation Counsel), Jeff Darrow(Planner), Maija Cottle (Planner) and Noriko Sauer (Commission Secretary) And two people from the public in attendance. INITIATOR, COUNTY COUNCIL (Bill No. 191) An ordinance amending Chapter 25,Article 5,Division 14 of the Hawai`i County Code 1983 (2005 Edition, as Amended)by allowing Village Commercial (CV)zoning district uses within the Limited Industrial (ML) zoning district. INITIATOR, COUNTY COUNCIL (Bill No. 192) An ordinance amending Chapter 25,Article 5,Division 14 of the Hawaii County Code 1983 (2005 Edition, as Amended)by allowing Village Commercial (CV) zoning district uses within the Industrial-Commercial Mixed Use(MCX)zoning district. BEAUDET: Third item on today's agenda,initiated by the County Council, an ordinance amending Chapter 25,Article 5,Division 14 of the Hawai`i County Code 1983 by allowing Village Commercial zoning district uses within Limited Industrial zoning district. COMMAND: Maija, should we take these together or separately? COTTLE: Yeah,if it's all right with the Chairman, these two bills are very similar;they are requesting to add in commercial uses to both industrial districts. So I'd like to just address them both at the same time, and then the Commission could vote on them separately. BEAUDET: Okay, sounds good. Should I introduce the other one, 192, as well? No need? COTTLE: No, no need. BEAUDET: Yeah? Just, okay, good. 1 COTTLE: We'll make it short and sweet. Okay. So the County Council is initiating two bills, Bill 191 and 192, to change the permitted uses in the Limited Industrial and Industrial-Commercial Mixed zoning districts by adding uses that are currently permitted in the Village Commercial district. So just to give you an example, some of the uses currently permitted in Village Commercial district would include residences, schools, day care centers, and so by adding in those to the Limited Industrial and Industrial-Commercial Mixed districts, you are putting in those uses next to some uses that can cause a lot of noise or odor, more noxious uses like lumber yards, warehouses. And the Director feels that there should be some separation of uses to keep public health and safety in mind, and so for that reason he is recommending an unfavorable recommendation be forwarded to the County Council for both bills. And that's pretty much all I have. Are there any questions? BEAUDET: Can you restate the last part again? One more time,please. COTTLE: From when? BEAUDET: Two sentences before the non-approval part. COTTLE: Okay. BEAUDET: The why. COTTLE: Basically, the why is because the Director feels that it's better to keep a separation of uses between things like residences, schools and some of the more noxious uses like lumber yards, warehouses, used car lots. And so that's the reason why he is recommending unfavorable recommendations on both bills. And each of our background reports includes a list of the uses that are currently permitted in CV; like if you look at the Bill 192 background report on Page 2, you know, you can see uses, such as adult day care homes, B&Bs, day care centers, dwellings. So by adding those to, for example, the Limited Industrial district, you would be putting those uses next to things like warehouses, self-storage facilities,truck,freight and draying terminals,recycling centers,lumber yards; these are uses that cause a lot of noise, a lot of truck traffic, a lot of smell, early morning hours. BEAUDET: So, with that,just to open dialogue, how does the designated uses here relate to what we currently have in the Kailua Industrial Area? I mean we have lumber, restaurants,dive shops, at Kona Commons right next door,there is clubs. Aren't we currently operating under this proposed mixture of activities? I mean, and I'm asking this without a clear understanding of the definition of every type of business that is in the Kailua Industrial Area. COTTLE: Yeah, I believe the Kailua Industrial Area,if I'm not mistaken, and correct me if I'm wrong,is currently zoned Limited Industrial, ML. So, and there are I think three other areas on the island that are zoned ML, Shipman Industrial, the industrial areas in Hilo along Kanoelehua. So I think the Director is looking at for adding, you know, things like residences and schools, in the Limited Industrial district may not be appropriate because those tend to be more noxious uses;but perhaps adding them, or considering adding some of those uses to the Industrial-Commercial Mixed district, which is more like the Kona area, might be more appropriate. But we want to work with Council, and look at each permitted use and see what is and isn't appropriate for those districts. 2 COMMAND: I think I might be able to give you a little more interpretation on the Old Industrial Area, Kona Industrial Area. Some of the uses there may appear to be retail, for instance Ace Hardware,places like that, but I believe what is allowed there is a warehouse with a retail outlet in front of it as long as the warehouse is the-. I guess it's an accessory use, is it? Or is it,is that what it's called? If you look in the Code, and I don't know if we want to go through this but,it does allow for those things as long as the warehouse is there. There were lumber places, lumber operations,that did have retail in front of them,but the use for the most part was the warehouse. One of the other things, and it's hard to control sometimes, but there could be illegal uses there that may appear to be, you know,legal. BEAUDET: My comment was more based on the, you know, if the Director's recommendation was in contrast to what was already being operated, you know,if what we currently have in the Kona Industrial Area contradicts the Director's recommendation, yeah? And so when I read this, I was like, hmm, you know, not knowing the true definition of all of the operations there, you know, you've got the market place, I don't know the street's name but,just up the road when you come down the steep entryway,right? And then, so I just wanted to open that up for discussion, and maybe staff had some insight on that for me. HICKCOX: Mr. Chair,if I may? BEAUDET: Go ahead. HICKCOX: It appears that the proposal initiated by Bill 191, 192 is attempting to somewhat clump things together, yeah, as opposed to keeping it separate. And if I'm reading the Director correctly, it appears that he wants to really keep things separate for one,but then on the other hand, not lose the ability to look at individual applications as they come in, you know, and with this clumping together, for the lack of any better word,right,it would be more looking on the side of conservancy as far as being allowed to look at each application separately rather than grouping it. I don't know. That's my take on it anyway. I don't know. Staff? COTTLE: I think that's fairly accurate as far as not wanting to mix industrial and, say,residential or school uses. Of course,people always have an opportunity to come and rezone their properties based on what use they want to establish there. I think what the Department would like to do is work with Council to try to formulate maybe a new bill that is trying to accomplish the intent of these bills,but maybe still create a little bit more separation of uses than what they are proposing here. BEAUDET: Thank you. I appreciate the conversation and the clarifications. Any more comments from the Commissioners for staff? COMMAND: I have a question of staff. I'm wondering,if you can tell me, and you are probably the wrong person to ask, because no one from the Council is here, but what prompted this? What was the reason that this was introduced? Was there a specific area or a reason that this was proposed? COTTLE: There was no reason given with the bills. 3 BEAUDET: Okay, if there are no further comments or questions from the Commissioners, there is no -. KAHOLO: Mr. Chair? BEAUDET: Yes. KAHOLO: Yeah, I've got a question. Are we combining two bills together-. COTTLE: No. KAHOLO: On our decision here? COTTLE: We are keeping them separate. KAHOLO: Yeah, okay. Because if I look at 191 and 192, there is a separation with CV,MCX, you know, two different codes in there,what is required under different section. COTTLE: Right. A lot of the uses that are, a lot of the industrial uses that are listed under permitted uses in the MCX district, are also included in the ML district, because they tend to be light industrial uses, a little bit more commercial in nature. So most of those uses are included in the Light Industrial district, which tends to be heavier industrial uses; so the assumption is if it's good for the MCX district, has little impact here, of course it would be good for the Limited Industrial district, which has heavier industrial uses. So this is why the Director is saying maybe it would be good to mix some, you know,residential uses, school uses, more commercial uses into the MCX district, but not necessarily the Limited Industrial district. And that's why we are looking at these separately. KAHOLO: Yeah, looking at what I'm reading here, you know, I can see the difference; first is, you know, school or elementary type or day care center versus what we've got out there, you know. It would make more sense what the Director is looking at. BEAUDET: Thank you for everyone's comments. We have had no one from the community to sign up for testimony, so I'd like to ask our attendees, attendee, one last time. With that, if there is no further comment or discussion by the Commissioners,I would like to ask for a motion. And as previously determined, a motion on both of the agenda items,but the motion shall be stated separately for record keeping. Commissioners? WH1 y MORE: Mr. Chair? BEAUDET: Yes. WHITTEMORE: I'd like to make a motion that we send,the Planning Commission send an unfavorable recommendation to the County Council on Bill No. 191 —you want us to consolidate them? BEAUDET: You can say along with, yeah? 4 WHITTEMORE: Along with Bill No. 192. KAHOLO: Second. BEAUDET: It has been moved by Commissioner Whittemore and seconded by Commissioner-. KAHOLO: Collin is okay. BEAUDET: Collin Kaholo that an unfavorable recommendation be sent to the County Council in regard to Bills No. 191 and 192. COTTLE: Okay, thank you, Mr. Chair. Commissioner Whittemore? WHITTEMORE: Aye. COTTLE: Commissioner Kaholo? KAHOLO: Aye. COTTLE: Commissioner Giffin? GIFFIN: Aye. COTTLE: Commissioner Hickcox? HICKCOX: Aye. COTTLE: Commissioner Nobriga? NOBRIGA: Aye. COTTLE: And Mr. Chair? BEAUDET: Aye. COTTLE: Okay,the motion passes, six-zero,for both bills. The discussion ended at 11:15 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 5 WINDWARD PLANNING COMMISSION COUNTY OF HAWAI`I HEARING TRANSCRIPT MAY 1, 2014 A regularly advertised hearing on the application of County Council Initiated Bill No. 191 and Bill No. 192 was called to order at 10:10 a.m. in the County of Hawai`i, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai`i with Chairman Ronald Gonzales presiding. COMMISSIONERS PRESENT: Ronald Gonzales, Charles Heaukulani, Gregory Henkel, Wallace A. Ishibashi, Jr., Raylene Moses, and Stephen Ono. ABSENT AND EXCUSED: Myles Miyasato. ALSO PRESENT: Duane Kanuha(Planning Director), Margaret Masunaga(Deputy Corporation Counsel for the Windward Planning Commission), Amy Self(Deputy Corporation Counsel for the Planning Director), Jeff Darrow(Staff Planner), Maija Cottle(Staff Planner), Sarah Hata-Finley(Secretary), and Melissa Dacayanan(Planning Commission Support Technician). And approximately 31 people from the public in attendance. INITIATOR: COUNTY COUNCIL (Bill No. 191) An ordinance amending Chapter 25, Article 5, Division 14 of the Hawai`i County Code 1983 (2005 Edition, as Amended)by allowing Village Commercial (CV) zoning district uses within the Limited Industrial (ML) zoning district. INITIATOR: COUNTY COUNCIL (Bill No. 192) An ordinance amending Chapter 25, Article 5, Division 14 of the Hawai`i County Code 1983 (2005 Edition, as Amended)by allowing Village Commercial (CV) zoning district uses within the Industrial-Commercial Mixed Use (MCX) zoning district. GONZALES: We have Items 5 and 6. I think we're gonna put them together. Maija's going to do them both. COTTLE: Thank you, Mr. Chair. GONZALES: All right. COTTLE: I don't have a presentation for the next two items because they're related to Code amendments, Zoning Code amendments. And I'm just going to go ahead and combine the presentation since the two bills are very similar. So, these are two bills initiated by the County Council. And what they're proposing to do is add the permitted uses in the Village Commercial district to the Limited Industrial and Industrial 1 Mixed zoning districts. And just to give you an example of some uses that are currently in the CV district, that would include residences, schools, day care centers, and these currently are not permitted in the Industrial zoning districts. So, these bills would change that and allow those uses in Industrial areas. Obviously, with zoning, you want to create some separation between noxious uses and non- noxious uses like you know things that cause noise, odor, and so for that reason, the Director is recommending an unfavorable recommendation be sent to the County Council for both of these two bills. We, we're recommending that based on that reason and also if you look at page—let's see, let's take Bill 191. That's the one proposing to go from, to allow CV uses in the ML district. If you look at the very last page, it's page, it says page 2 on the bottom and it's a listing of the permitted uses in the ML district. So, the way the Council is changing the language, it's basically incorporating any permitted use in the CV district into ML. So, rather than listing specifically the uses, they're just trying to incorporate it by reference, and there's a little concern with that approach because let's say ten years from now, the Council wants to come in and change and add more uses to the CV district. Those would automatically then be allowed in the ML district. So, we think the better approach is to specifically list what use is allowed in each district. So, those are the two reasons that we're recommending an unfavorable recommendation to the County Council. Are there any questions? GONZALES: Any questions for staff? Okay, Maija, so you're recommending unfavorable because you don't, it doesn't seem right to the Department to allow these kinds of things in those zoned areas- COTTLE: Yes, in the industrial districts- GONZALES: Okay. COTTLE: Yeah, and it might be better if the Council's considering this, to you know just take a more comprehensive approach. Maybe we need to start looking at all of these uses allowed in each of the districts. GONZALES: Very good. No questions? Thank you. I have no public testimony for either of these items. So, Commissioners, I'd like to entertain a motion. We'll do them one at a time. First number five, then number six. What is it, Bill 191 and then Bill 192. Anybody? Motion? HENKEL: Can I get a clarification from Maija? If I understand it right, the bill permits these specific businesses in the ML and you're and the Planning Director would rather take it on a case-by-case basis as the needs arise? COTTLE: So, the bill currently lists what is already permitted in the ML district. And then, they're proposing to just incorporate by reference uses that are permitted in CV. So, if you look at the draft bill for Bill 191, anything that's not underlined is currently already permitted in the ML district. And then, you see Page 2 under Item B, it says in addition to those uses provided in 2 subsection(a), all other uses permitted in the CV district as provided in the CV district section of the Code shall be permitted in the ML district. So that's what I mean by they're incorporating the uses by reference rather than adding them to that list. Does that make sense? HENKEL: Yes, it does. Thank you for the clarification. GONZALES: Would you like to make a motion Commissioner Henkel? HENKEL: Sure. I'd like to move that the Planning Commission deny or recommend denial to the County Council on Bill No. 191. Is that the correct phrasing? COTTLE: An unfavorable recommendation. HENKEL: Unfavorable recommendation. ONO: I second. GONZALES: Motion for unfavorable recommendation by Commissioner Henkel seconded by Commissioner Ono. Any discussion? KANUHA: Mr. Chairman? GONZALES: Yes sir. KANUHA: You might want to you know just summarize. This particular bill, actually the next bill that comes out, the MCX bill, that incorporates that the Council is proposing to incorporate some of the commercial uses into the MCX bill--the way they approached it, we thought was problematic although for the MCX component, we don't you know have a lot of heartburn because you know it is a zone that you know allows a combination of commercial and industrial uses. But with regard to Bill 191, after a lot of discussion, the staff you know and I agree with them and basically felt that the--there just needs to be zones better reserved for industrial you know rather than having too much of a mix between commercial in there. You know, there are basically only three industrially zoned areas that carry this particular zoning. Okay, there's the industrial area in Kona, the Liliuokalani property, you have Kanoelehua over here in Hilo, and then Shipman. So those are the three ML,main ML zoned areas, and again, the Depaitiiient's position is that for those areas to just be set aside for those types of uses. And as a correlation to that, you know we've had a—the Commission is always particularly been faced with items like you had to address today you know where you have industrial uses by special permit and wanting to be established you know in outlined areas. Again, that, from our standpoint, that gives us more of a foundation to make sure that in the event they do look for areas for the type of uses they want to do, that there is reserve for them—industrial type uses. Okay, thank you. GONZALES: Thank you, Mr. Director. I believe, roll call? COTTLE: Yes, the motion was to send an unfavorable recommendation to the County Council for Bill 191. Commissioner Henkel? 3 HENKEL: Aye. COTTLE: Commissioner Ono? ONO: Aye. COTTLE: Commissioner Heaukulani? HEAUKULANI: Aye. COTTLE: Commissioner Ishibashi? ISHIBASHI: Aye. COTTLE: Commissioner Moses? MOSES: Aye. COTTLE: And Mr. Chair? GONZALES: Aye. COTTLE: Okay, the motion passes six, zero. And Bill 192? GONZALES: All right. Bill 192. Commissioner Henkel? You're on a roll? You want to take that one out, too? HENKEL: I'll pass. GONZALES: Okay, and I want to note for the record that there is no public testimony for either of these items so a motion would be in order. KANUHA: Mr. Chairman? GONZALES: Yes sir. KANUHA: Again, you know to help the Commissioners, to kind of understand where we're coming from as it relates to this particular bill which is to incorporates CV, Village Commercial, uses within the Industrial Commercial MCX zoning, I think the gist of where we're coming from can be found on Page, Pages 3 and 4 of the Background. There's one-two-three, there's about four paragraphs which basically give you a snapshot of what our concerns are,but also some concessions that we think we could also, we could support. Let's put it that way. GONZALES: Thank you, Mr. Director. 4 ISHIBASHI: Question. GONZALES: Yes sir. ISHIBASHI: Thank you. The Leeward Planning Commission. Any discussion from that side? COTTLE: This has not gone before them yet, but it will at their next meeting. ISHIBASHI: Okay. I'd like to entertain a motion that with regards to Bill 192 that we send an unfavorable recommendation to the County Council. MOSES: Second. GONZALES: Motion for unfavorable recommendation by Chairman Ishibashi and seconded by Commissioner Moses. Any discussion? Okay, Maija. COTTLE: Thank you. Commissioner Ishibashi? ISHIBASHI: Aye. COTTLE: Commissioner Moses? MOSES: Aye. COTTLE: Commissioner Heaukulani? HEAUKULANI: Aye. COTTLE: Commissioner Henkel? HENKEL: Aye. COTTLE: Commissioner Ono? ONO: Aye. COTTLE: And Mr. Chair. GONZALES: Aye. COTTLE: The motion passes six, zero to send an unfavorable rec to the County Council. 5 GONZALES: Thank you. The discussion ended at 10:22 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 6