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HomeMy WebLinkAboutCOM 0016.000 2014-2016William P. Kenoi Mayor Walter K.M. Lau Managing Director Randall M. Kurohara 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 _ _-, (-') November 3, 2014 su J Yoshimoto, Council Chair w and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yoshimoto and Members: SUBJECT: ✓Planning Director Initiated Amendment to Chapter 25 (Zoning Code), Article 5 of the Hawaii County Code 1983 (2005 Edition, as Amended) Relating to Zoning District Regulations for Dwellings Within the Industrial — Commercial Mixed (MCX) Zoning District County Council Initiated (Bill No. 266) Amending Chapter 23, Article 4, Section 23 -58 and Article 5 Section 23 -68 of the Hawaii County Code 1983 (2005 Edition, As Amended), Relating to Submission of the Preliminary Plat and Final Plat for an Application for Subdivision As required by Chapter 7, Sec. 6 -7.5 (a), Hawaii 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 request. Sincerely, WILLIAM P. KENOI Mayor Enclosures cc: Planning Department +(0 <?jt\k Lk Comm. No. - 5 7 Ref. To: ­N—:7 _ County of Hawaii is an Equal Opportunity Provider and Employer. Ref, Dale OCC V AIT" Dear Chairman Yoshimoto and Council Members: Planning Director Initiated Amendment to Chapter 25 (Zoning Code), Article 5 of the Hawaii County Code 1983 (2005 Edition, as Amended) Relating to Zoning District Regulations for Dwellings Within the Industrial — Commercial Mixed (MCX) Zoning District The Windward Planning Commission, at its duly held public hearing on September 4, 2014, considered the above - referenced request initiated by the Planning Director for an amendment to Chapter 25, Article 5 of the Hawaii County Code 1983 (2005 Edition, as amended), relating to zoning district regulations for dwellings within the Industrial - Commercial Mixed (MCX) zoning district. This amendment would allow double - family and multiple - family residential dwelling units within the MCX zoning district. The Commission voted to forward a favorable recommendation to the County Council on the request. The draft bill is attached for your favorable consideration. We have also enclosed a copy of the Planning Director's Background and Recommendation, Powerpoint presentation and transcript of the hearing for your information. Si)-N,� nc erely, VVvj Myles Miyasato, Chairman Windward Planning Commission Lpdini tiatedchapter25 MCXwpc Enclosures cc: Planning Department - Kona Hawai `i County is an Equal Opportunity Provider and Employer County of Hawaii WINDWARD PLANNING COMMISSION `? n Aupuni Center . 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone(808)961 -8288 • Fax(808)961 -8742 — tV NOV 3 2014 w ._.. J Yoshimoto, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yoshimoto and Council Members: Planning Director Initiated Amendment to Chapter 25 (Zoning Code), Article 5 of the Hawaii County Code 1983 (2005 Edition, as Amended) Relating to Zoning District Regulations for Dwellings Within the Industrial — Commercial Mixed (MCX) Zoning District The Windward Planning Commission, at its duly held public hearing on September 4, 2014, considered the above - referenced request initiated by the Planning Director for an amendment to Chapter 25, Article 5 of the Hawaii County Code 1983 (2005 Edition, as amended), relating to zoning district regulations for dwellings within the Industrial - Commercial Mixed (MCX) zoning district. This amendment would allow double - family and multiple - family residential dwelling units within the MCX zoning district. The Commission voted to forward a favorable recommendation to the County Council on the request. The draft bill is attached for your favorable consideration. We have also enclosed a copy of the Planning Director's Background and Recommendation, Powerpoint presentation and transcript of the hearing for your information. Si)-N,� nc erely, VVvj Myles Miyasato, Chairman Windward Planning Commission Lpdini tiatedchapter25 MCXwpc Enclosures cc: Planning Department - Kona Hawai `i County is an Equal Opportunity Provider and Employer BRPDI nitiated- DwellingsMCX.doc- 08 -25 -14 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND AND RECOMMENDATION PLANNING DIRECTOR INITIATED AMENDMENT TO CHAPTER 25 (ZONING CODE), ARTICLE 5 RELATING TO ZONING DISTRICT REGULATIONS FOR DOUBLE AND MULTIPLE FAMILY DWELLINGS WITHIN THE MCX ZONING DISTRICT The Planning Director has initiated the following amendments to Chapter 25 (Zoning Code), Article 5 of the Hawaii County Code 1983 (2005 Edition, as amended), relating to double - family and multiple- family dwellings within the MCX district. BACKGROUND Recently, the Hawaii County Council introduced Bill 191, which sought to allow Village Commercial (CV) zoning district uses in the Light Industrial (ML) zoning district, and Bill 192, which sought to allow Village Commercial (CV) zoning district uses in the Industrial - Commercial Mixed (MCX) zoning district. The Windward and Leeward Planning Commissions voted to send an unfavorable recommendation for both Council - initiated bills to the Hawaii County Council. As an alternative, the Planning Director is initiating this Director - initiated bill to add a double - family and multiple - family residential component to the MCX zoning district. ANALYSIS According to Hawaii 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 zoning 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 MCX zoning district is intended to promote and maintain a viable mix of light industrial and commercial uses. In addition, according to the County of Hawaii 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." The Planning Director believes there is support to allow double - family and multiple- family residential uses within the MCX zoning district. The MCX zoning district has excluded those uses generally considered unsafe and hazardous and relegated Re: Bill 4; Comm. 16 these uses to the Limited Industrial (ML) and General Industrial (MG) zoning districts. However, the viability of a mixed use commercial and light industrial zone, typified by uses allowed in the MCX zoning district, can be supported by an integrated residential component. The MCX zoning district currently accommodates art galleries and museums, bars, nightclubs and restaurants, churches, farmers markets, banks, personal services, stores, vocational and business schools and theaters, among other similar uses. What is missing is a higher density residential component like apartment and condominium complexes that would help to sustain a viable mixed -use community. Double - family and Multiple- family residential uses are permitted in other commercial zoning districts like Village Commercial (CV), such as found in Waimea and Pahoa; General Commercial (CG) and Neighborhood Commercial (CN), like you will find in parts of Hilo and Kona. These Commercial zoning districts allow double - family and multiple- family residential uses, and should therefore be promoted within the MCX zoning district. Since commercial uses must rely on the congregation of people to support their services, the Planning Director supports adding double - family and multiple - family residential uses as a permitted use within the MCX zoning district. PROPOSED AMENDMENTS This bill is initiated by the Planning Director to add a double - family and multiple- family residential component to the MCX district. Relating to the Multiple - Family Residential Uses in the MCX Zoning District: Section 25 -5 -132. Permitted uses (in the MCX district): (a) The following uses shall be permitted in the MCX district: 21 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. 22 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. AGENCY COMMENTS Department of Public Works: (Planning Department Exhibit 1— August 25, 2014 Memo) -2- 2. Department of Water Supply: (Planning Department Exhibit 2 — June 17, 2014 Memo) 3. Department of Environmental Management: (Planning Department Exhibit 3 — June 25, 2014 Memo) 4. Police Department: (Planning Department Exhibit 4 — June 20, 2014 Memo) 5. Fire Department: (Planning Department Exhibit 5 — June 23, 2014 Memo) 6. Department of Health: (Planning Department Exhibit 6 — June 13, 2014 Memo) RECOMMENDATION For the reasons detailed above, he Planning Director recommends that the Leeward and Windward Planning Commissions send a favorable recommendation to the Hawaii County Council regarding this bill relating to double - family and multiple - family residential uses in the MCX zoning district. -3- JMSV Os COUNTY OF HAWAII '•• ORDINANCE NO. STATE OF HAWAII BILL NO. (00"WAIIA14 VIEP7) AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 5, SECTION 25 -5 -132 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO ZONING DISTRICT REGULATIONS FOR DOUBLE FAMILY AND MULTIPLE FAMILY DWELLINGS WITHIN THE INDUSTRIAL- COMMERCIAL MIXED (MCX) COUNTY 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 Hawaii County Code 1983 (2005 Edition, as amended), is amended by amending subsection (a) to read as follows: "(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. 2J1) Dwellings, double - family or duplex, provided that the maximum density shall be one thousand two hundred fifty quare feet of land area per rentable unit or dwelling unit. (22) Dwellings, multiple - family, provided that the maximum density shall be one thousand two hundred fifty quare feet of land area per rentable unit or dwelling unit. [(2+)](L3) Equipment sales and rental yards. [(22)] Farmers markets. [(23)] 25 Financial institutions. [(24)] 26 Food manufacturing and processing. [(2 -5)J(27) Home improvement centers. [(2-6)]Qj Ice storage and dispensing facilities. [(27)] 29 Kennels in sound - attenuated buildings. [(283] 30 ) Laboratories, medical and research. [(29)] 31 Laundries. [03](323 Manufacturing, processing and packaging establishments, light. ["](13J Medical clinics. [(3-2)](L41 Meeting facilities. [(33)] Model homes. [(34)](3 Motion picture and television production studios. [(3-5)] 37 Offices. [(36)]LL8j Personal services. [(3-7-)]a9j Photographic processing. [(38)](U0 Photography studios. [(39)] 41 Plant nurseries. [(48)] 42 Public uses and structures, as permitted under section 25 -4 -11. [(41.3) 43 Publishing plants for newspapers, books and magazines, printing shops, cartographing, and duplicating processes such as blueprinting or photostating shops. [(42-)](44 Repair establishments, minor. [(43)] Restaurants. [(44)1 Retail establishments. [(45)] 47 Sales and service of machinery used in agricultural production. [(46)]f481 Schools, business. [(47)JJ Schools, photography, art, music and dance. [(48)](j0j Schools, vocational. [(49)].L) Self- storage facilities. [(59)](52) Telecommunications antennas, as permitted under section 25 -4 -12. ["] 53,3 Temporary real estate offices, as permitted under section 25 -4 -8. [(52)]L4j Theaters. [(] 55 Utility substations, as permitted under section 25 -4 -11. [f54)](56) Veterinary establishments in sound - attenuated buildings. [(33-}] 57 Warehousing. [(*] 58 Wholesaling and distribution operations." SECTION 2. 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. 2 SECTION 3. Severability. 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 application 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 4. This ordinance shall take effect upon its approval. , Hawai`i Date of Introduction: Date of 1St Reading: Date of 2 "d Reading: Effective Date: INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII 3 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: August 25, 2014 Memorandum TO Duane Kanuha, Planning Director Planning Department FROM Ben Ishii, Division Chie ¢Engineering Division SUBJECT Planning Director Initiated Amending Chapter 25, Article 5, Division 14 of the Hawaii County Code 1983 (2005 Edition, As Amended), By Allowing Multiple Family Dwellings within the Industrial Commercial Mixed (MCX) Zoning District We reviewed the subject application and have the following comments to the proposed amendment: The proposed amendment is proposed without assessing the potential impact on existing infrastructure as would normally be required for individual rezoning requests. It will apparently allow multifamily residential use at the maximum density of 34 units per acre in addition to the other permitted uses limited only by the availability of required parking space. The impact of this amendment to existing mixed use facilities could be significant. Some existing mixed use areas are without curb gutter and sidewalk facilities which help control on street parking and provide for pedestrians. The proposed amendment will increase demand for on street parking, pedestrian and bicycle facilities. There may also be undeveloped areas that are already zoned for Industrial Commercial Mixed Use that did not consider such compounding of uses in their traffic impact assessments. Buildings shall conform to all requirements of codes and statutes pertaining to building construction. A building permit may be required for a change of use of an existing building. Different code sections and standards on building construction may apply. Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 323 -4851. KE Planning Dept. copy: ENG- HILO /KONA 9 Exhibit,____._ Hawaii County is an equal Opportunity Provider and Employer a a t DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII 3•15 KEK0ANA0'A STREET SUiiF 'C) d ILO, HAWAVV.96VL)0 June 17, 2014 TO: Mr. Duane Kanuha, Director Planning Department FROM: Quirino Antonio, Jr., Manager -Chief Engineer SUBJECT: AMENDMENT TO CHAPTER 25, ARTICLE 5, DIVISION 14 OF THE HAWAII COUNTY CODE 1983 TO ALLOW MULTIPLE- FAMILY RESIllENTIAL USES WITHIN THE INDUSTRIAL - COMMERCIAL MIXED ZONING DISTRICT We have reviewed the subject draft bill and have the following comments. Fire -flow requirements for Industrial - Commercial zoning meet or exceed fire -flow requirements for Multiple - Family Residential zoning. Water availability is based on general water availability policies for particular areas. Adoption of the above - referenced ordinance will not increase water availability to areas affected by the ordinance. Should there be any questions, please contact Mr. Lawrence Beck of our Water Resources and Planning Branch at 961 -8070, extension 260. [,B : sco Sincerely, yours, QLUv,dA Antonio, Jr.. P.E. Mana -Chief Engineer 1 Planning Dept. Exhibit_. A N1 N'?;` , ,aUN 1 !; William P. Kenoi Mayor Walter K.M. Lau Managing Director �v os BJ Leithead Todd Director John A. Medeiros Deputy Director Count Xif �21funt"t DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekilanab`a, Suite 41• Hilo, Hawaii 96720 (808) 961 -8083 • Fax (808) 961 -8086 r?dt��___4i`�G� atr .utt4��aviesw�rurl�3�r.�it 31 -����� . ;t=,4x!aesti,t:_ MEMORANDUM Date : June 25, 2014 To DUANE KANUHA, Planning Director From: BJ LEITHEAD TODD, Director Subject: Planning Director Initiated Amending Chapter 25, Article 5, Division 14 of the Hawaii County Code 1983 (2005 Edition, As Amended), by allowing Multiple- Family Residential Uses within the Industrial - Commercial Mixed (MCX) Zoning District We have reviewed this draft bill and have no comments to offer. Thank you for allowing us to provide comments in this amendment. County of Hawaii is an Equal Opportunity provider and Employer Planning Dept. Exhibit________ k 6 William P. Kenoi Mayor County of Hawaf i POLICE DEPARTMENT 349 Kapi`olani Street Hilo, Hawaii 96720 -3998 (808) 935 -3311 • Fax (808) 961 -2389 June 20, 2014 TO DUANE NUHA, PL FROM HN Y VA S, ARE I ING DIRECTOR J 4i , 'ASSISTANT POLICE CHIEF Harry S. Kubojiri Police Chief Paul K. Ferreira Deputy Police Chief SUBJECT: PLANNING DIRECTOR INITIATED AMENDMENT TO CHAPTER 25, ARTICLE 5, DIVISION 14 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), BY ALLOWING MULTIPLE - FAMILY RESIDENTIAL USES WITHIN THE INDUSTRIAL - COMMERICAL MIXED (MCX) ZONING DISTRICT Staff, upon reviewing the provided documents, does not anticipate any significant impact to traffic and /or public safety concerns. Thank you for allowing us the opportunity to comment. If you have any questions, please contact Captain Richard Sherlock, Hilo Patrol, at 961- 2214 RS:IIi 140389 "Hawai'i County is an Equal Opportunity Provider and Employer" Planning Dept. Exhibit ' ._._... SS A" A "N'° _ g: William P. Kenoi Mayor June 23, 2014 ,qtr os Darren J. Rosario Fire Chief Renwick J. Victorino Deputy Fire Chief (County Ot 'WaWat`t HAWAI'I FIRE DEPARTMENT 25 Aupuni Street a Room 2501 a ililo, Hawaii 96720 (808) 932 -2900 a Fax(808)932 -2928 TO : DUANE KANUHA, PLANNING DIRECTOR FROM : DARREN J. ROSARIO, FIRI? CHIEF SUBJECT: PLANNING DIRECTOR INITIATED AMENDMENT TO CHAPTER 25, ARTICLE 5, DIVISION 14 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), BY ALLOWING MULTIPLE FAMILY RESIDENTIAL USES WITHIN THE INDUSTRIAL- COMMERCIAL MIXED (MCX) ZONING DISTRICT The Hawai'i Fire Department offers the following comments to the above referenced subject: In the MCX zoning district, flammable spray finishing for automobiles or woodworking is permitted. Since most of the operations happen in a spray booth, strong fumes are produced. Our department receives many complaints about the strong smells that are produced from these operations. Allowing multi - family units in the MCX zoning district would place more people in said areas that may pose a health risk and increase complaints about these operations. DARREN J. ROSARIO Fire Chief RP:lpc Planning Drip`. Exhibit S -- Hawaii Couuhl is an Equal Opportuuihl l'roviderafuf Fmptoyer. TO: Duane Kanuha Planning Director, County of Hawaii FROM: Newton Inouye N District Environmental Health Program Chief SUBJECT: Planning Director Initiated Amendment to Chapter 25, Article 5, Division 14 of the Hawai'i County Code 1983 (2005 Edition, as amended), by Allowing Multiple - Family Residential Uses Within the Industrial- Commercial Mixed (MCX) Zoning District The Department of Health does not have any objections to the proposed change in land uses. However, existing or planned land use activities adjacent to the proposed residential area should be compatible with a residential neighborhood. Planning ePr. Exhibit__...____ :' A NNA JUN �1_92'1(i WORD: ni w k NEIL ABERCROMBIE o F M LINDA ROSEN, M.D., M.P.H. GOVERNOR �P•� ,a sa " DIRECTOR OF HEALTH 1 '.. T a snj rN`, t STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721 -0916 MEMORANDUM DATE: June 13, 2014 TO: Duane Kanuha Planning Director, County of Hawaii FROM: Newton Inouye N District Environmental Health Program Chief SUBJECT: Planning Director Initiated Amendment to Chapter 25, Article 5, Division 14 of the Hawai'i County Code 1983 (2005 Edition, as amended), by Allowing Multiple - Family Residential Uses Within the Industrial- Commercial Mixed (MCX) Zoning District The Department of Health does not have any objections to the proposed change in land uses. However, existing or planned land use activities adjacent to the proposed residential area should be compatible with a residential neighborhood. Planning ePr. Exhibit__...____ :' A NNA JUN �1_92'1(i WORD: ni WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT SEPTEMBER 4, 2014 A regularly advertised hearing on the Planning Director Initiated Amendment to Chapter 25 relating to zoning district regulations for dwellings within the MCX zoning district was called to order at 1:15 p.m. in the County of Hawaii Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii with Chairman Myles Miyasato presiding. COMMISSIONERS PRESENT: Myles Miyasato, Charles Heaukulani, Gregory Henkel, and Raylene Moses. ABSENT AND EXCUSED: Stephen Ono. ALSO PRESENT: Duane Kanuha (Planning Director), Margaret Masunaga (Deputy Corporation Counsel for the Windward Planning Commission), William Brilhante (Deputy Corporation Counsel for the Planning Director) from 1:02 p.m., Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner), Maija Jackson (Staff Planner), to 6:30 p.m., Christian Kay (Staff Planner), Sarah Hata - Finley (Commission Secretary), Kim Tanaka (Secretary), to 4:30 p.m., and Melissa Dacayanan (Planning Commission Support Technician), to 4:30 p.m. And approximately 37 people from the public in attendance. INITIATOR: PLANNING DIRECTOR An ordinance amending Chapter 25 (Zoning Code), Article 5 of the Hawaii County Code 1983 (2005 Edition, as amended), relating to zoning district regulations for dwellings within the Industrial- Commercial Mixed (MCX) zoning district. The purpose of this amendment is to allow double- and multiple - family residential dwelling units within the MCX zoning district. MIYASATO: Item No. 5 on the agenda. Initiated by the Planning Director. ARAI: Hi, good afternoon, Mr. Chairman, Commissioners. If I may direct your attention to the presentation screen. What you have before you, again, is a Director initiated request to amend the Zoning Code to allow double family and multiple family dwellings within the MCX zoning district. MCX basically means Industrial- Commercial. The reason for the initiated amendment was because you may recall in the middle of this year, the Council introduced Bill 191 which allowed, which sought to allow Village Commercial zoning district uses in the Light Industrial zoning district, and Bill 192, which sought to allow Village Commercial zoning district uses in the Industrial - Commercial Mixed zoning district or MCX. Both the Windward and Leeward Planning Commissions voted to send an unfavorable recommendation on both bills to the County Council. Re: Bill 4; Comm. 16 In the alternative, the Director would like to offer for your consideration this Director initiated bill that would allow for Double Family and Multiple Family residential component to the MCX zoning district. According to the Hawaii County Code, Chapter 25, the Zoning Code, the purpose of the MCX zoning district is to allow a mix, a mixing of some industrial uses with commercial uses. The intent of this zoning district is to provide for areas of diversified businesses and employment opportunities by permitting a broad range of uses without exposing non - industrial uses to unsafe and unhealthy environments. The MCX zoning district is intended to promote and maintain a viable mix of light Industrial and Commercial uses. In addition, according to the County of Hawaii General Plan, Chapter 14, Land Use, mixed use light industrial and commercial zones may include, but not be limited to, wholesale, retail, office uses, and personal and business services. The Director believes that there is support to allow Double Family and Multiple Family residential uses within the MCX zoning district. The MCX zoning district has excluded those uses generally considered unsafe and hazardous and relegated those uses to the Limited Industrial and General Industrial zoning districts. However, the viability of a mixed use commercial and light industrial zone, typified by uses allowed in the MCX zoning district, can be supported by an integrated residential component. The MCX zoning district currently accommodates art galleries, museums, bars, nightclubs and restaurants, churches, farmers markets, banks, personal services, stores, vocational and business schools and theaters, among other similar uses. What is missing is a higher density residential component like apartments and condominium complexes that would help to sustain a viable mixed use community. So, for those reasons that is why you have before you the Director's proposal to allow for Double Family and Multiple Family residential uses within the MCX zoning district. However, I did want to emphasize that both the Fire Department and the Department of Public Works, who were provided a copy of the proposed amendment, have expressed some concerns regarding the proposed amendment, and their memorandum has been provided to you as exhibits to the Background Report that we provided to you earlier. So with that, I stand ready to answer any questions that you may have. MIYASATO: Do you have any questions, Commissioners? Commissioner Henkel? HENKEL: Daryn, I think one of the Fire Department concerns was having residents living around like commercial spray painting operations and stuff. What has been done to mitigate that concern if anything? ARAI: As far as mitigating, nothing specifically. Normally, we would hope that —you know, residential use is just one class of use. There are other type of uses that are allowed in the MCX zoning district, commercial uses for example. And even those type of uses can be impacted by fumes or smells that could be generated by like --I think they made reference to automotive painting. But, we would hope that existing government regulations would prevail when it comes to odors, emissions, and fumes from those type of activities because whether it's residential or other type of permitted use, I mean, those potential impacts still remain the same. 2 HENKEL: So, if there were any problem areas, it would be like the Department of Health or someone that would, that would probably watch- ARAI: Yes, I believe it is the Department of Health that would look into those type of emission controls. I think they state even in the letter normally it is done in spray booths, right? So, the booth itself was supposed to capture but apparently you know they are still receiving complaints about the smell. HENKEL: Thank you. MIYASATO: Any other questions, Commissioners? If not, we have no public testimony on this matter. Oh, okay. ROSANOFF: I'll just take a minute. I'm fast. MIYASATO: Please raise your hand. ROSANOFF: Yes. MIYASATO: Do you swear or affirm to tell the truth on this matter now before the Hawaii County Planning Commission? ROSANOFF: I do. MIYASATO: Could you please state your name and residence? ROSANOFF: My name is Andrea Rosanof£ I live at 13 -1255 Malama Street in Pahoa, Hawaii. MIYASATO: You have three minutes. ROSANOFF: Thank you. If this is as I understand it, I'm speaking —I recently sold the building that my husband and I owned which was a residential one in Hilo, Hawaii on Ululani Street, and we ran that as a 12 -unit building for 12 different families for 11 years, no 14 years. And it was close to Hilo, and I'd be right to downtown. And the thing that was really beneficial to most of the people who came and wanted to stay there, and it was a really affordable housing, was that the elderly people, the young families who couldn't afford a car, and two disabled people found it so convenient because they could walk to all the services of Hilo, Downtown Hilo. They could go to the grocery store. They could go to McDonald's. They could go to yoga. They could go to the movies. They could go anywhere they wanted to without having to have a car, and it was really a benefit. In fact, we had some elderly residents who were given the choice to move out to assisted housing for elderly way out up Pepe`ekeo, and they didn't want to go because they didn't want to be so far. They didn't want to be dependent on transportation. So, as I understand this, and we always thought it would be really great if Downtown Hilo could allow residents to live there. The thing that stopped it before was the place for them to park the cars, but what I wanted to emphasize is if people can live right there, many of them don't have to have a car. They don't have to park a car, and it would give more business to the Downtown Hilo people because it would build up that community even more than it already is, and so, if this is what I understand it to be, I want to recommend a positive thing for this. Thank you very much. MIYASATO: Thank you. Are there any questions, Commissioners? Any discussion, Commissioners? If not, I will accept a motion. HENKEL: I'd like to make a motion that this Commission give a favorable recommendation to the Planning Director's proposed amendment to Chapter 25 of the Zoning Code, Article 5, Hawaii County Code 1983 (2005 Edition, as amended). MOSES: Second. MIYASATO: It's moved by Commissioner Henkel and seconded by Commissioner Moses. Any discussion on the motion? Go ahead. ARAI: Okay, I'll take the roll. Commissioner Henkel? HENKEL: Aye. ARAI: Commissioner Moses? MOSES: Aye. ARAI: Commissioner Heaukulani? HEAUKULANI: Aye. ARAI: And Mr. Chairman. MIYASATO: Aye. ARAI: Mr. Chairman, motion carries with four aye votes. The discussion ended at 1:25 p.m. Respectfully submitted, Sarah Y. Hata - Finley, Secretary Windward Planning Commission S LEEWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT OCTOBER 16, 2014 A regularly advertised hearing on the PLANNING DIRECTOR INITIATED AMENDMENT TO CHAPTER 25 OF THE HAWAII COUNTY CODE, RELATING TO ZONING DISTRICT REGULATIONS FOR DWELLINGS WITHIN THE MCX ZONING DISTRICT was called to order at 09:32 a.m. in the West Hawaii Civic Center, Community Center, Building G, 74 -5044 Ane Keohokalole Highway, Kailua -Kona, Hawaii, with Chair Brandi Beaudet presiding. COMMISSIONERS PRESENT: Brandi Beaudet, Thomas Hickcox, Collin Kaholo and Keith Unger ABSENT AND EXCUSED: Barbara Nobriga and Thomas Whittemore ALSO PRESENT: Duane Kanuha (Planning Director), Amy Self (Deputy Corporation Counsel), Jeff Darrow (Planner), Maija Jackson (Planner) and Noriko Sauer (Commission Secretary) And three people from the public in attendance. INITIATOR: PLANNING DIRECTOR An ordinance amending Chapter 25 (Zoning Code), Article 5 of the Hawai `i County Code 1983 (2005 Edition, as amended), relating to zoning district regulations for dwellings within the Industrial- Commercial Mixed (MCX) zoning district. The purpose of this amendment is to allow double - family and multiple- family residential dwelling units within the MCX zoning district. BEAUDET: First on the agenda this morning, Initiator: Planning Director, an ordinance amending Chapter 25, Zoning Code, Article 5 of the Hawaii County Code. Staff, would you like to start on your presentation? Just for the record we have no one from the public for, in attendance to sign up for public testimony. DARROW: Good morning, Members of the Planning Commission. Welcome. Thank you. As mentioned, our first application has been continued. Our second application this morning is a Planning Director initiated action. This is to amend Chapter 25 regarding, relating to the zoning district regulations for double - family and multiple - family dwellings within the MCX zoning district. The reasons for the initiated amendment is that recently the Hawai `i County Council introduced Bill 191, which sought to allow Village Commercial, or CV, zoning district uses in both the Light Industrial, ML, zoning district, and Bill 192 sought to allow the Village Commercial, CV, zoning district uses in the Industrial- Commercial Mixed, or MCX, zoning district. Both the Windward and Leeward Planning Commissions voted to send an unfavorable recommendation for both Council - initiated bills to the Hawaii County Council. As an alternative, the Planning Director is initiating this Director- initiated bill to add a double - family and multiple - family residential component to the MCX zoning district. According to the Hawaii County Code, Chapter 25, the purpose of the MCX zoning district is to allow mixing of some industrial uses with commercial uses. The intent of this zoning district is to provide for areas of diversified businesses and DRAFT Re: Bill 4; Comm. 16 employment opportunities by permitting a broad range of uses, without exposing nonindustrial uses to unsafe and unhealthy environments. The MCX zoning district is intended to promote and maintain a viable mix of light industrial and commercial uses. In addition, according to the County of Hawaii General Plan, Chapter 14, under 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." The Planning Director believes that there is support to allow double - family and multiple - family residential uses within the MCX zoning district. The MCX zoning district has excluded those uses generally considered unsafe and hazardous, and relegated these uses to the Limited Industrial, or ML, and General Industrial, MG, zoning districts. However, the viability of a mixed use commercial and light industrial zone, typified by uses allowed in the MCX zoning district, can be supported by an integrated residential component. The MCX zoning district currently accommodates art galleries and museums, bars, nightclubs, restaurants, churches, farmers markets, banks, personal services, stores, vocational and business schools and theaters, among other similar uses. What is missing is a higher density residential component like apartment and condominium complexes that would help to sustain a viable mixed -use community. Based on the reasons presented, the Planning Director is recommending that the Leeward Planning Commission send a favorable recommendation for this Planning Director - initiated bill to the Hawaii County Council. With that, that concludes our presentation. If there are any questions? BEAUDET: A quick question — I don't know if it's a quick answer, though. How, I forget already but, how does this differ from the one that was not approved? DARROW: The original bills that were initiated by the County Council included all uses that were permitted within the Village Commercial zoning to be allowed within the Light Industrial, as well as the MCX zoning. So in looking at all those particular uses, it was quite an extensive allowance that, not only allowing many uses that would conflict with other uses, being that the ML zoning has got quite a bit of hazardous types of uses within it. But it was just, it's almost like you were combining two zoning districts; it was very comprehensive. And it appeared that the way it was going to work was just these uses were permitted in this; it was like a combination of two zoning districts. The Planning Director felt that maybe that was too broad and maybe looking at the real reason for the intent was to provide the residential component within this. So there was, he initiated this bill to just, instead of allowing multiple uses, to just specify specifically those uses that would benefit in this zoning district. Yeah, it was just too comprehensive, I think, of a change. BEAUDET: Commissioners, any comment or questions of staff? KAHOLO: None from me. BEAUDET: Okay. There are no members of the public who wishes to testify. Commissioners, I would like a motion to close the public hearing portion of this meeting? HICKCOX: So move. UNGER: Second. BEAUDET: Thank you. It has been moved by Commissioner Hickcox and seconded by Commissioner.... 2 DRAFT UNGER: Unger. BEAUDET: Unger — it's early morning for me — to close this portion of the public hearing. Without any more comment or questions, Commissioners, I'd like to ask for a motion. HICKCOX: Mr. Chair, I recommend that we send a favorable response to the County Council in reference to our Planning Director's ordinance amending Chapter 25, Zoning Code, Article 5 of the Hawai `i County Code 1983, 2005 Edition, as amended, related to zoning district regulations for dwellings within the Industrial - Commercial Mixed, MCX, zoning district. BEAUDET: Thank you. May I ask for a second? UNGER: Second. BEAUDET: It has been moved by Commissioner Hickcox for a favorable recommendation to the County Council, and seconded by Commissioner Unger. DARROW: Thank you, Mr. Chairman. With that, we'll take the roll call. Commissioner Hickcox? HICKCOX: Aye. DARROW: Commissioner Unger? UNGER: Aye. DARROW: Commissioner Kaholo? KAHOLO: Aye. DARROW: And Mr. Chairman? BEAUDET: Aye. DARROW: The motion passes, four to zero. 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