HomeMy WebLinkAboutCOM 0370.003 2002-2004 ~1V Oi y
Harry Kim L ChristgphBr~T. Yuen
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Roy R. Takemoto
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PLANNING DEPARTMENT
101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043
(808)961-8288 Pax(808)961-8742
December 2, 2003
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County Council
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members of the County Council:
SUBJECT: BILL 159 (Draft 2)
PUNA SUGAR MILL, LLC, APPLICANT
The Council will be considering this proposed rezoning at its December 3 meeting. I will
not be able to attend that meeting. I am writing to restate concerns about two
amendments that were made to this bill at first reading that changed it from the bill that
passed the Planning Commission and Planning Committee of the Council: deleting the
condition that the remainder of the property not be reclassified to urban for at least five
years, and deleting the condition that no home improvement centers be allowed.
1. 15 acres: State law limits the county's reclassification ofland to the Urban
district to 15 acres. Larger reclassifications must go to the Land Use
Commission. We have to respect the law as it stands whether we agree with it
philosophically or not. (My own opinion is that state law should be amended
to make it easier for the counties to reclassify property to Urban that has been
designated urban in the county general plan.) Although it is legal for an
applicant to request that only 15 acres of a larger parcel be reclassified, and
this avoid the LUC, we should maintain our credibility in trying to comply
with the spirit of the law and avoid sequential reclassifications. The proposed
condition that the remaining 8 acres of agricultural land not be reclassified for
five years is a very modest attempt to show respect for the spirit of the state
land use law.
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Ref. Date
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County Council
Page 2
December 2, 2003
2. Home improvement centers: Our Zoning Code, like many throughout the
country, contains a basic distinction between "industrial" zones and
"commercial" zones. Genera] retail activities aze not allowed in industrial
zones. For the most part, classic "light industrial" uses such as warehouses,
baseyazds, and repair shops do not generate as much traffic as a general
commercial area. There is one exception: "home improvement centers" aze
allowed in the ML (light industrial) zone. A "home improvement center" is
defined as "a single establishment primarily involved in providing a large
variety of goods and services directly associated with building and home
improvements." This clearly allows such "big box" establishments as Lowe's
or Home Depot, which can generate tremendous vehicular traffic. It is an
entirely different type of use.
The Council recently heard a great deal of testimony on the "Gateway" project in Kea'au,
mostly focused on potential traffic effects. After long deliberation, considerable public
scrutiny, and careful review of the traffic analysis that was done for the project, the
Council, with the support of the administration, voted to approve that project. This
current ML zoning has attracted almost no public interest, probably because it seems to
only lead to light industrial-type uses. The level of interest and concern would be much
greater if it were understood that this rezoning could potentially allow abig-box home
improvement center. Without the suggested condition, this is a possibility, and it would
significantly compromise the function of the Bypass Highway. To quote the comments
of the District Engineer regarding the adjacent MCX zoning for the McCully parcel:
"Development of adjacent properties leads to spreading of the Kea'au town urban core
and its traffic. The result of the long-term impact will be that the Kea'au Bypass Road
will become a roadway cutting through the middle of the town. New intersections will
need to be constructed. Traffic will become stop-and-go, instead offree-flowing."
(Letter of Stanley Tamura to Virginia Goldstein, Mazch 18, 1998). We do not want this
rezoning to lead to this kind of result.
At the last Council meeting on this bill, a desire was expressed for more commercial and
industrial zoning in Puna. The Planning Department supports this, and basically
supported this rezoning and the Gateway project, and has proposed additional industrial
and commercial areas in the General Plan revisions, for Paradise Park and Orchidland.
These new aeeas should be carefully planned, however, and potential problems dealt
with. The site in question is well-suited to light industrial use, but it should not be
developed with a project that could be a high traffic generator, creating another obstacle
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County Council
Page 3
December 2, 2003
to the flow of traffic on the Bypass Highway. There are other large azeas currently zoned
for commercial and industrial use in the Kea'au area, including the Gateway site (32
acres of MCX zoning, currently vacant), the McCully site (14 acres of MCX zoning,
currently vacant) and large vacant azeas of MG zoning in the Shipman Business Park.
To allow "home improvement centers" as a matter of right in ML zones is probably not a
good idea. At this point, however, to amend the Zoning Code to eliminate it as an
allowed use might make some existing businesses nonconforming which can be a
significant problem.
On behalf of the county administration, Isuggest that the Council restore the two
conditions contained in the original version of the bill.
Sincerely,
~
CHRISTOPHER J. EN
Planning Director
CJY:pak
Wpwin60/Chris/Puna Sugar mill.doc
cc: Mayor Harry Kim
Mr. Sidney Fuke