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Home My WebLink AboutREP PC 095 07/02/2002 2000-2002 REPORT OF THE COMMITTEE ON PLANNING DATE: July 2, 2002 RE: C-678 /Bill No. 237 PLACE: Councilroom TIME: l 1:10 a.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 237, transmitted by Mayor Harry Kim, per Communication No. 678, dated June 6, 2002, regarding the change of zone request by Toesan Ass®caaies, a Hawaii Li~aited Pa~nership, at Puukapu, Waimea, South Kohala, Hawaii, TMK: 6-4-24:23, reports as follows: Bill No. 237 amends Section 25-95-E (Lalamilo-Puukapu Zone Map), Article 8, Chapter 25 (Zoning Code), by changing the district classification for approximately 21,934 square feet of land from an Agricultural (A-Sa) to a Neighborhood Commercial (CN-10) zoned district. The rectangular shaped lot, owned in fee by the applicant, lies on the south side of Mamalahoa Highway, approximately 2,500 feet (towards Honokaa) from its intersection with Kamamalu Street. It is unimproved and overgrown with brush and trees. The applicant also owns parcel 6-4-24:22, which lies adjacent to the subject parcel. The applicant intends to rezone the subject property and subsequently consolidate Parcels 22 and 23 into one Tax Map Key number (TMK) for development purposes. After consolidating the two parcels, the applicant proposes to develop a new 2,000 square foot restaurant building (which would house Don's Pake Kitchen) and a new 4,000 square foot retail store and warehouse for "Basically Bamboo Company" presently housed within the Fukushima Store building. A small apartment for amaintenance/security person will also be provided in the Fukushima Store building. The Fukushima Store, located on Parce122 and built sometime in the 1940's -50's as a store and a residence, has been in commercial use for many years. Parce122 was rezoned from A-Sato CN-10 in 1994. Other commercially zoned properties which surround the subject parcel include TMK: 6-4-1:41 (Hawaii Island Community Development Corp and Richard White), TMK: 6-4- 6:8 (F. Yamashiro), and TMK: 6-4-24:por 27 (Kamuela P ~i D Inc.). The main access would be directly off Mamalahoa Highway, between the existing Fukushima Store and the proposed new restaurant building, leadang to parking in the rear. Existing parking along the main highway will be eliminated as part of the new development plan. Road improvements, and other improvements such as street lighting, curbs, gutters and sidewalks along Mamalahoa Highway will be subject to review and approval by the County Department of Public Works. Existing parking along the main highway in front of the Fukushima Store will be eliminated when there is new development on the consolidated property. PC-95 PC-95 - 2 - July 2, 2002 The subject parcel lies within the State Urban District. The General Plan LUPAG Map shows the property is in the transition area between Medium Density Urban and Low Density Urban designations. The Medium density designation allows village and neighborhood commercial and residential and related functions. The Low density designation allows uses that are single family residential in character, ancillary community and public uses, and convenience type commercial uses. Both designations allow Neighborhood Commercial zoning and its permitted uses. The Waimea Design Plan (WDP), adopted on October 1, 1986 by County Council Resolution, indicates the termination of the commercial boundary across the Highway, approximately three parcels to the west of the subject property. The W D P also recognizes the need "to consolidate commercial growth around the emerging town center" and "to preserve and enhance the form and function of Waimea's commercial areas." The subject property is not situated within the Special Management Area. Portions of the property are in Zones "A" (base flood elevations undetermined) and "AE" (base flood elevations determined) in a 100 year flood as designated by the Flood Insurance Rate Map dated May 16, 1994. The ALISH system has not classified the lands. The U S Soil Survey classification is Kikoni, a well-drained, very fine sandy loam formed in volcanic ash. The Land Study Bureau's Detailed Land Classification System classifies the soils as "B" (Good) for agricultural productivity. There are no known or recorded rare or endangered animal or plant life in the area; and there are no known archaeological, cultural or historic sites located on the property. Water is available from 8-inch and 12-inch water lines along Mamalahoa Highway. All other essential utilities and services are available to the subject property. Since there is no municipal wastewater treatment system in the area, sewage disposal will be in accordance with Department of Health regulations. Committee Member Curtis Tyler was concerned about the conflicts between Conditions E and L. He agreed with the Waimea Design Committee that the rural atmosphere of the area should be retained, and that the curb, gutter and sidewalks should not be installed. Your Committee understands that as long as the original building is retained and no changes are made, the requirement for the curb, gutter and sidewalk would not be enforced, but once the old structure is destroyed, and new development is made, the requirement would be enforced. There was a question because the adjacent parcel will be consolidated with the subject parcel, and once that happens, would the curb, gutter and sidewalk requirement be enforced, and if it is, would that apply to both parcels or just one. Your Committee was asked to check with the Planning Department to see why Condition E was included. PC-95 PC-95 - 3 - July 2, 2002 Your Chair mentioned that Your Committee would be reviewing previous rezonings to see "what kind of language we had regarding curbs, gutters and sidewalks to protect the rural appearance and conform with the need to the community" and perhaps propose language to amend this section. Your Committee did not entertain further discussion on this measure. Your Committee concurs with the Planning Commission and the Planning Director for recommending a favorable consideration for the change of zone request. Your Committee finds that the conditions included in the Bill No. 237, "are (1) necessary to prevent circumstances which may be adverse to the public health, safety and welfare; and (2) reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to (A) protection of the public from the potentially deleterious effects of the proposed use, or (b) fulfillment of the need for public service demands created by the proposed use. In this case, these conditions are imposed because of concerns over the overall density of the proposed subdivision and to mitigate potential impacts upon public facilities and infrastructure servicing the affected area." Your Committee on Planning is in accord with the intent and purpose of Bill No. 237, and recommends it pass first reading. AYES NOE A & E F,X S LEITHEAD- X TODD Respectfully submitted, ARAKAKI X COMM(TTEEf~I'PL G ~ ELARIONOFF X X f / JACOBSON X ~ O JEAN LEITHEAD-TODD, CHAIR PISICCHIO X PC REPORT NO. f 9 5 SAFARIK X ADOPTED: JUL ~ ~ ZOOZ YAGONG X