2007-02-02 TBIG ISLE - Laserfiche WebLink

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Just for reference, this particular area identified in yellow is where Naalehu School is, this area in green is Naalehu Park, if you’re familiar with those areas within Naalehu town. This area identified in a light purple which is Commercial zoning is the gas station that’s within Naalehu town. Directly across the street we have the area of the application identified in red. This is on the corner of Mamalahoa Highway and Kukui Road. The applicant in this case, Big Isle Ventures LLC is requesting a change of zone from RS-7.5 to CV-7.5.This is for a parcel that is 17,382 square feet in size. Looking at the plot plan submitted by the applicants, there are two existing structures on site identified in yellow. We have an existing dwelling and a garage. Access is from Mamalahoa Highway. Condition to mention is Condition No. 5, I’m sorry, Condition D. Condition D states that the commercial development shall utilize the existing dwelling. Renovations and improvements which are generally consistent with the current appearance of the existing home shall be allowed. The applicant is requesting the change of zone so that they can operate office-type uses within the existing dwelling. The Planning Director is recommending that the Planning Commission forward a favorable recommendation to the Hawaii County Council. Are there any questions? GRAHAM: Commissioners? Commissioner Watanabe. WATANABE: I have a question for the Director. I can appreciate your line of reasoning for having Condition D. And I’m just wondering, you know, once we do have the change of zoning the zoning runs with the land. Are there enough controls within say the building permit process, etc. that highway access or access to the property, you know, can be controlled, if somebody else buys this facility and then decides to raze it and produce something else. And the reason I brought that up is the State obviously had some concerns about access to the highway, and the Department of Public Works had made recommendations on access through Kukui Road. And I was wondering if we should have a condition that would force them to provide access through Kukui Road in the event that a new building was established. I don’t really care as long as there are sufficient controls in that area. I’m not sure if you fully understand what I’m saying. YUEN: No, I know exactly what you’re saying. As far as the question of controls, once this is, in a Commercial zone any new building construction and even renovations require plan approval, except for a single family dwelling. Because you can build a single family dwelling in a Commercial zone. So at that point staff looking at the, and the plan approval is something that precedes the building permit. So you come in for plan approval, then after plan approval you get the building permit. So staff is supposed to look at conditions of the change of zone in doing the plan approval. So if they, you know, wanted to do, changed their mind and want to make a 7-Eleven there or a gas station, staff is supposed to look at it and say, no, that’s not consistent with conditions of the change of zone; and they would catch it there. Just to explain this a little bit, and we’ve been doing more of these highly specific zoning conditions. I think we did one like this in Waiakea Houselots. It’s a philosophical shift from the normal practice of zoning. The theory of zoning typically is that, well, you’re going to rezone something, the applicant may have a particular use in mind, but once you rezone it to say a EXHIBIT B 2