Loading...
HomeMy WebLinkAboutCOM 0641.003 2012-2014 - ��:•,,,•_ .. ,; , Walter K.M.Lau " V,t%Q, Managing Director '1' ', ; William P.Kenoi •: �'•rI Mayor Randall M.Kurohara • oFf 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,Hawaii 96740 (808)323-4444 • Fax(808)323-4440 CI June 9, 2014 --o = i J Yoshimoto, Council Chair W m and Members of the County Council > County of Hawai`i `O 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, .t.iaal:: ::: William P. Kenoi Mayor (C)10' 2 Enclosures Comm. No, J cc: Planning Department Ref'T°' JUN Ref. Date, 1 9 ZU14 County of Hawaii is an Equal Opportunity Provider and Employer. -- iTV Os p := r `` . te' ,OF N! 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. 191) Amendment to 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 Limited Industrial (ML) Zoning District The Windward Planning Commission at its duly held public hearing on May 1, 2014, considered 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. 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, Ronald Gonzales, Chairman Windward Planning Commission Lccbill 191 wpc.doc Att. cc: Planning Department - Kona Hawaii County is an Equal Opportunity Provider and Employer /`V -. h"` -i J ,rf OF N�'�-' 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. 191) Amendment to 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 The Leeward Planning Commission at its duly held public hearing on May 15, 2014, considered 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. 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, L' .:-/—C ' ----_________, • Brandi Beaudet, Chairman Leeward Planning Commission Lccbill191 1pc.doc Att. cc: Planning Department - Kona Hawai`i County is an Equal Opportunity Provider and Employer BR-CClnitiated-Bi11191 CV in ML.doc-04/25/14 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND AND RECOMMENDATION COUNTY COUNCIL INITIATED BILL NO. 191 AMENDMENT TO CHAPTER 25,ARTICLE 5,DIVISION 14, OF THE ZONING CODE, BY ALLOWING VILLAGE COMMERICAL (CV) ZONING DISTRICT USES WITHIN THE LIMITED INDUSTRIAL (ML) ZONING DISTRICT The County Council has initiated an amendment to 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. BACKGROUND 1. Through Bill No. 191 (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 Limited Industrial (ML) zoning district. 2. According to Section 25-5-140 (Purpose and applicability)of the Zoning Code, "The ML(limited industrial) district applies to areas for business and industrial uses which are generally in support of but not necessarily compatible with those permissible activities and uses in other commercial districts. 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 ML zoning district is to allow for areas for business and industrial uses which are generally in support of but not necessarily compatible(emphasis added)with those permissible activities and uses in other commercial districts. In addition, according to the County of Hawai`i General Plan, Chapter 14, Land Use,"In the case of service types of industrial development(non-basic), areas designated for industrial uses must be close enough to population and/or commercial uses for -1- efficiencies but still distant enough to avoid traffic problems. Some industrial districts consist of enterprises and facilities that are not necessarily compatible with commercial areas. Businesses included in the ML zoning district are generally more noxious than those in general commercial areas." List of uses permitted in CV that are currently NOT permitted in ML • Adult day care homes • Amusement and recreation facilities, indoor • Art galleries,museums • 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 • Business services • Churches, temples, synagogues • Convenience stores • 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 • Farmers markets. • 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 • Medical clinics • Meeting facilities • Model homes, as permitted under section 25-4-8 • Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses • Offices • Personal services • Photography studios • Repair establishments, major, when there are not more than five employees, as approved by the director • Retail establishments • Schools (ML zoning currently requires a Use Permit for a school) • Theaters -2- The following uses permitted within the CV zoning district could be incompatible with limited industrial uses permitted within the ML zoning district: • Adult day care homes. • Amusement and recreation facilities,indoor. • 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. • 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. • Medical clinics. • Model homes, as permitted under section 25-4-8. • Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. • Schools. • Theaters. Therefore, we recommend that only the following uses permitted within the CV zoning district be permitted within the ML zoning district: • Art galleries,museums. • Business services. • Convenience stores. • Farmers markets. When the vending activity in a farmers market involves more than just the sale of local fresh and/or raw produce, plant life, fish and local homegrown and homemade products for more than two days a week, the director, at the time of plan approval, shall restrict the hours of use, maintenance and operations and may require improvements as determined appropriate to ensure its compatibility with the existing character of the surrounding area. • Meeting facilities. • Offices. • Photography studios. • Repair establishments, major, when there are not more than five employees, as approved by the director. • Retail establishments. Furthermore, we have concerns regarding Bill No. 191 and its proposed amendment to Section 25-5-147 (e), which states that,"Conflicts regarding CV district uses permitted under -3- section 25-5-142(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. Finally,understanding that there may be conflicts between uses permitted in the CV zoning district and the ML zoning district,the department would like to offer the following more suitable amendment to the Zoning Code(Chapter 25)that would specify certain uses permitted in the MCX (Industrial-Commercial Mixed)zoning district to be added to the permitted uses in the ML district. This would allow for additional commercial uses to be permitted within the ML zoning district while reducing the potential conflict in uses between the CV and ML zoning districts. "Section 25-5-142.Permitted uses. (a)The following uses shall be permitted in the ML district: (1) Agricultural products processing,minor. (2) Airfields,heliports and private landing strips. (3) Animal hospitals. (4) Animal quarantine stations. (5) Art galleries,museums. (6) Art studios. RSA (7)Aquaculture activities. [(6)] (8)Automobile and truck storage facilities. [(3] (9)Automobile and truck sales and rentals. [(8)] (10)Automobile service stations. [(3)] (11)Bakeries. [(1.0)] (12)Bars,nightclubs and cabarets. [(11)] (13)Broadcasting stations. (14) Business services. [(12)] (15)Car washing. [(13)] (16)Carpentry,hardwood products and furniture manufacturing and storage establishments. [(14)] (17)Catering establishments. [(15)] (18)Cemeteries and mausoleums,as permitted under chapter 6, article 1 of this Code. [(16)] (19)Churches,temples and synagogues. [(17)] (20)Cleaning and dyeing plants. [(18)] (21)Commercial parking lots and garages. [(19)] (22)Community buildings, as permitted under section 25-4-11. [(20)] (23)Contractors' yards for equipment,material,and vehicle storage,repair,or maintenance. (24) Convenience stores. [(21)] (25) Crematoriums, funeral homes, funeral services, and mortuaries. (26) Data processing facilities. [(22)] (27)Day care centers. (28) Display rooms for products sold elsewhere. (29) Farmers markets. [(23)] (30)Financial institutions. [(24)] (31) Food manufacturing and processing facilities. [(25)] (32)Greenhouses,plant nurseries. -4- [(26)] (33)Heavy equipment sales, service and rental. [(27)] (34)Home improvement centers. (35) Ice storage and dispensing facilities. [(228)](36)Junkyards,provided that the building site is not less than one acre in area. (37) Kennels in sound-attenuated buildings. [(29)] (38)Laboratories,medical and research. [(30)] (39)Laundries. [(31)] (40)Lumberyards and building material yards, but not including concrete or asphalt mixing and the fabrication by riveting or welding of steel building frames. [(32)] (41)Manufacturing,processing and packaging establishments, light. (42) Meeting facilities. (43) Model homes. [(33)] (44)Motion picture and television production studios. (45) Offices. (46) Personal services. [(34)] (47)Photographic processing. (48) Photography studios. (49) Plant nurseries. [(35)] (50)Plumbing, electrical,air conditioning and heating establishments. [(36)] (51)Public uses and structures,as permitted under section 25-4-11. [(37)](52)Publishing plants for newspapers,books and magazines,printing shops, cartographing, and duplicating processes such as blueprinting or photostating shops. [(38)] (53)Recycling centers,which do not involve the processing of recyclable materials. [(39)] (54)Repair establishments, minor. [(49)] (55)Restaurants. (56) Retail establishments. (57) Schools,business. (58) Schools,photography, art,music and dance. (59) Schools,vocational. [(41-)] (60) Self storage facilities. [(423] (61) Storage and sale of seed, feed, fertilizer and other products essential to agricultural production. [(43)](62)Telecommunication antennas, as permitted under section 25-4-12. [(44)] (63)Temporary real estate offices,as permitted under section 25-4-8. [(45)] (64)Transportation and tour terminals. [(16)] (65)Truck, freight and draying terminals. [(473] (66)Utility facilities,public and private,including offices or yards for equipment, material,vehicle storage,repair or maintenance. [(48)] (67)Utility substations, as permitted under section 25-4-11. [(49)] (68)Veterinary establishments. [(50)] (69)Vocational schools. [(51)] (70)Warehousing,which does not include retail sales or discount houses or establishments open to the general public or defined members. [(52)] (71) Wholesaling and distribution, including the storage of incidental materials and equipment, except for highly flammable or explosive products. RECOMMENDATION For the reasons detailed above, the Planning Director recommends that the Planning Commissions send an unfavorable recommendation to the County Council -5- regarding Bill No. 191,which attempts to allow uses permitted within the Village Commercial (CV)zoning district to be permitted within the Limited Industrial (ML)zoning district. -6- Zendo Kern ;o�;, • Phone: (808) 965-2712 M•" Fax: (808)965-2707 Council Member �+, . ( ) Council District 5 " �• Ids Email: zkeYn4rco.hawaii.hi.us �� Mailing Address: ,:, Planning Committee Chair Hawaii County Building •c f NA:it.�_ 25 Aupuni Street Environmental Management Hilo, Hawaii 96720 Committee Chair Hawai`i County Council County of Hawai'1 DATE: February 19, 2014 TO: Duane Kanuha, Planning Director FROM: 01 Zendo Kern, Chair Cuff Committee on Planning SUBJECT: Referral of Bill No. 191 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 191 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 191 to the Leeward and Windward Planning Commissions for their respective review and recommendations, as pursuant to the aforementioned Section. Thank you. ZK/dkj att SCANNED FEB 1 9 2OVt Serving the Interests of the People of Our Island Hawaii County is an Equal Opportunity Provider and Employer- Planning Exhibit Dept, !' �. AI tY OS COUNTY OF HAWAII :• 4�:-' 0.•:: STATE OF HAWAII BILL NO. 191 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25,ARTICLE 5, DIVISION 14 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), BY ALLOWING VILLAGE COMMERCIAL (CV) DISTRICT USES WITHIN THE LIMITED INDUSTRIAL (ML) DISTRICT. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 25, article 5, division 14, section 25-5-142 of the llawai'i County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 25-5-142. Permitted uses. (a) The following uses shall be permitted in the ML district: (1) Agricultural products processing, minor. (2) Airfields, heliports and private landing strips. (3) Animal hospitals. (4) Animal quarantine stations. (5) Aquaculture activities. (6) Automobile and truck storage facilities. (7) Automobile and truck sales and rentals. (8) Automobile service stations. (9) Bakeries. (10) Bars. (11) Broadcasting stations. (12) Car washing. (13) Carpentry, hardwood products and furniture manufacturing and storage establishments. (14) Catering establishments. (15) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (16) Churches, temples and synagogues. (17) Cleaning and dyeing plants. (18) Commercial parking lots and garages. (19) Community buildings,as permitted under section 25-4-1 1. (20) Contractors' yards for equipment, material, and vehicle storage, repair, or maintenance. (21) Crematoriums, funeral homes, funeral services, and mortuaries. (22) Day care centers. (23) Financial institutions. (24) Food manufacturing and processing facilities. (25) Greenhouses, plant nurseries. (26) Heavy equipment sales, service and rental. (27) Home improvement centers. (28) Junkyards, provided that the building site is not less than one acre in area. (29) Laboratories, medical and research. (30) Laundries. (31) Lumberyards and building material yards, but not including concrete or asphalt mixing and the fabrication by riveting or welding of steel building frames. (32) Manufacturing, processing and packaging establishments, light. (33) Motion picture and television production studios. (34) Photographic processing. (35) Plumbing, electrical, air conditioning and heating establishments. (36) Public uses and structures, as permitted under section 25-4-11. (37) Publishing plants for newspapers, books and magazines, printing shops, cartographing, and duplicating processes such as blueprinting or photostating shops. (38) Recycling centers, which do not involve the processing of recyclable materials. (39) Repair establishments, minor. (40) Restaurants. (41) Self storage facilities. (42) Storage and sale of seed, feed, fertilizer and other products essential to agricultural production. (43) Telecommunication antennas, as permitted under section 25-4-12. (44) Temporary real estate offices, as permitted under section 25-4-8. (45) Transportation and tour terminals. (46) Truck, freight and draying terminals. (47) Utility facilities, public and private, including offices or yards for equipment, material, vehicle storage, repair or maintenance. (48) Utility substations, as permitted under section 25-4-11. (49) Veterinary establishments. (50) Vocational schools. (51) Warehousing, which does not include retail sales or discount houses or establishments open to the general public or defined members. (52) Wholesaling and distribution, including the storage of incidental materials and equipment, except for highly flammable or explosive products. (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 ML district. [(b)](c) In addition to those uses permitted under [ ,] subsections (a) and (b), the following uses may be permitted in the ML 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)j(d) The following uses may be permitted in the ML district as incidental and subordinate to any permitted use: (1) Living quarters for watchmen or custodians in connection with the operation of any permitted use. (2) Retail sales. 2 (3) Services for persons working in an ML district which are conducted within an integral part of a main structure with entrances from the interior of the building and which have no display or advertising visible from the street. [(d)J(.elBuildings and uses normally considered directly accessory to the uses permitted in this section shall also be permitted in the ML district." SECTION 2. Chapter 25, article 5, division 14, section 25-5-147 of the Hawai`i County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 25-5-147. Other regulations. (a) All front yards in the ML district shall be landscaped, except for drives and walkways. (h) Where any required side or rear yard in the ML district adjoins a building site in an RS, RD, RM or RCX district, the side or rear yard shall be landscaped with a screening hedge not less than forty-two inches in height, along the side or rear property lines so adjoining, except for necessary drives and walkways. (c) Plan approval shall be required for all new structures and additions to existing structures in the ML district. (d) Exceptions to the regulations for the ML district regarding heights, building site areas, building site average widths and yards, may be approved by the director within a planned unit development. (e) Conflicts regarding CV district uses permitted under section 25-5-142(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: 9, yip C•UNCIL MEMBER, COUNTY OF HAWAI`I , Hawai`i Date of Introduction: Date of I st Reading: Date of 2nd Reading: Effective Date: 641 3 REFERENCE Comm., LEEWARD PLANNING COMMISSION COUNTY OF HAWAII 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, Hawaii, 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 Hawaii 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? WHITTEMORE: 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 HAWAII 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 Hawaii 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 Department'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