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Home My WebLink AboutREP PC 102 08/13/2002 2000-2002 REPORT OF THE COMMITTEE ON PLANNING DATE: August 13, 2002 RE: C-690/Bill No. 244 PLACE: Councilroom TIME: 2:4 p.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 244, transmitted by Mayor Harry Kim, per Communication No. 690, dated July 11, 2002, regarding the change of zone request by 'TSA Cori®a-ati®n, at Kaloko, North Kona, Hawaii, TMK: 7-3-51:60, reports as follows: Bill No. 244 amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25, (coning Code) by changing the district classification for approximately 102.272 acres of land from an Open (O) to anIndustrial-Commercial Mixed (MCX-1 a} zoned district. The somewhat rectangular shaped lot, owned in fee by the applicant, lies to the east of Queen Ka`ahumanu Highway and the existing Kaloko Industrial Park, Phases I and II, and along Ilina Lani Drive. The subject parcel is the site of the proposed Kaloko Industrial Park-Phases III and IV, which will consist of approximately 82 one-acre sized parcels. Light industrial, business and commercial uses generally consistent with Phases I and II will be included. Each of the 82 one- acre lots will be mass graded and include infrastructure such as roadways, water, sewer (dry line), drainage, electrical and communication lines. Phase III will consist of 37 lots on 42.5 acres of land, and Phase IV will include 45 lots on 59.8 acres of land. In accordance with Condition 1 d of the State Land Use Commission's Decision and Order dated February 14, 2002, the development of Phase IV will be suspended until the County's sewer system is expanded to service all lots within Phases III and IV. Pursuant to the State Land Use Commission's Findings of Fact, Conclusions of Law, and Decision Order on May 14, 1981, Phases I and II were reclassified from the Conservation District to the Urban District. The reclassification also included incremental districting for the proposed Phases III and IV, provided there was substantial completion of on-site and off-site improvements for the first two phases within five years of the approval for reclassification. On October 26, 1983, Ordinance No. 83-38 rezoned 126.828 acres of land from an Open (O) to a Limited Industrial-1 acres (ML-la) zoned district to accommodate Kaloko Industrial Park - Phases I and II consisting of 85 parcels. On April 5, 1984, the Final Subdivision Approval of Kaloko Industrial Park - Phase I consisting of 58 lots was approved by the Planning Director. On August 19, 1986, Ordinance No. 86-92 amended Ordinance No. 83-38 to amend Condition F to include language to initiate the construction of the mauka-makai connector road (Nina Lani) within its property, and Condition J was amended to include language requiring the Planning Director to enforce the requirements of the Development Design Manual. PC-102 PC-102 -2- August l3, 2002 Ordinance No. 88-111, effective July 29, 1988, amended Ordinance No. 86-92 by amending Condition D to include a revised landscaping scheme, which was unlike the berm landscaping originally proposed by the applicant. On September 16, 1999, the Planning Director granted Final Subdivision Approval for the Kaloko Industrial Park -Phase II consisting of 341ots. On February 7, 2002, the State Land Use Commission approved the boundary amendment from the Conservation to the Urban designation for approximately 102 acres. The General Plan LUPAG Map currently designates the subject property for Industrial uses such as manufacturing and processing, wholesaling, large storage and transportation facilities, and light industrial uses. The Kona Regional Plan adopted by the Planning Commission in April 1984 designates the subject propert for Industrial uses. The Keahole to Kailua (K to K) Development Plan, a guide utilized in the development of infrastructure and land uses in the region and adopted by County Council Resolution on April 3, 1991, designates the subject property for Limited Industrial uses. The subject parcel is not located within the Kailua Village Special District and the Special Management Area. The ALISH System designation for the property is "Unclassified". The Land Study Bureau's Detailed Land Classification System classifies the soils within the property as "E" or "Very poor" for agricultural productivity. The Soil Survey Report identifies the soils within the subject parcel as consisting of a'a and pahoehoe, with slow runoff and slight erosion hazard. There are no known or recorded rare or endangered animal life on the subject property; however, 34 percent of the plants identified are considered native species. An archaeological survey of the subject property, conducted by Haun ~ Associates in April 2000, included a hundred percent surface examination and limited subsurface testing. The survey located 40 sites, 35 of which were single-feature sites and l 0 complexes of features such as modified outcrops, terraces, caves, mounds, excavations, cairns, walls, trails, enclosures and midden. Five additional lava tube caves were identified and examined, and determined not to contain any cultural remains. The property is located within Zone X, an area outside the 500-year flood plain. Access to the proposed subject parcel will be through Hina Lani Street from Queen Kaahumanu Highway. The primary access from Hina Lani Street is Kamanu Street. Water will be available through a new 8-inch line along the roadway extensions of Olowalu, Kauhola and Maiau Streets, and in the Lawehana Street extension. PC-102 PC-102 - 3 - PC-102 Since there is no municipal sewer system in the area, wastewater will be disposed of in a septic tank system in accordance with Department of Health regulations. All other essential utilities and services are available to the subject property. Bill No. 244, Draft 2, which included the following amendments was circulated and approved by Your Committee. 1. SECTION 2. Amends the first sentence of SECTION 2 by inserting "standard language to read "In accordance with Section 25-2-44, Hawaii County Code, the County Council finds the following conditions are:" 2. SECTION 2. Deletes the last two sentences of part (B) " In this case, these conditions are imposed because of the need to ensure the proper mitigation of potential impacts upon public facilities and infrastructure servicing the affected area and the protection of our natural and cultural resources. Therefore, this change in district classification is conditioned upon the following:" 3. SECTION 2. Includes some housekeeping amendments in the text of the justification portion. 4. Condition E. Last paragraph. Deletes the words "or practicable" from the sentence. 5. Condition F. Amends the condition as follows: "[All) In order to adequately miti ag to impacts from non-point source pollutants all roadways within the proposed industrial- commercial park shall [be built to County-dedicable standards with curbs, gutters and sidewalks and dedicated to the County of Hawaii upon request by the Department of Public Works.] have a minimum 10-foot wide paved shoulder r3arking and_an 8-foot wide vegetated landscaped swale to be maintained by the property owner fronting said Swale on both sides of the road right-of--way The roadway and related improvements covered herein shall be considered eligible for dedication to the County of Hawaii. 6. Condition I. Inserts the phrase "which minimizes the use of the Pu`uanahulu landfill" into the first sentence. 7. Condition J. Inserts "Hawai`i County" for clarification purposes. Bill No. 244 was first agendized on July 30, 2002, but was deferred until today because there were some concerns about the language regarding non-source pollutants on the ground if vehicles parked on the curbs, gutters and sidewalks as compared to if they were grassed areas. Committee Member Julie Jacobson stated that this parcel is in the Industrial area next to a National Park and within the Coastal Zone Management area; therefore needs to be on a sewer system. Your Chair then explained that the Administration had proposed the development of a sewer system in the area, and the Council voted against it. For informational purposes only, Committee Member Curtis Tyler voted "kanalua'" twice. Your Committee did not entertain further discussion on this measure. PC-102 PC-102 - 4 - August 13, 2002 Your Committee concurs with the Planning Commission and the Planning Director for recommending a favorable consideration for the change of zone request. Your Committee concurs with the Planning Director and the Planning Commission in finding that the conditions included in the Bill No. 244, Draft 2 "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 beeause of the need to ensure the proper mitigation of potential impacts upon public facilities and infrastructure servicing the affected area and the protection of our natural and cultural resources." Your Committee on Planning is in accord with the intent and purpose of Bill No. 244, Draft 2, and recommends it pass first reading. AYES NOES A & E E;X Respectfully submitted, LEITHEAD=TODD X COMMITTEE O PLAN TYLER X _ ARAKAKI X CHUNG X _ / O ~ AN LE HEAD-TODD,GCH~AT ELARIONOFF X JACOBSON X PC REPORT NO. Z~Z PISICCHIO X A SAFARIK X ADOPTED: AUG 2 ZOO__ YAGONG X