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HomeMy WebLinkAboutREP PC 033 09/07/2005 2004-2006 REPORT OF THE COMMITTEE ON PLANNING DATE: September 7. 2005 Re: Comm. No. 408 and 408.1/Bill No. 139 FLACF{: Council Chambers TIMfi: 1:30 p.m. Council Chair and Members Ilawai`i County Council I lilo. I lawai'i 96720 Your Committee on Planning, to which was referred Bill No. 139, reports as follows: Bill No. 139_ transmitted via Communication No. 408 from Mayor I [arty Kim, dated August 18, 2005, presents a Change of lone request by Timothy DeLozier, at Waiakea Houselots, 1 Series. Waiakea, South Hilo, Hawaii, TMK 2-2-27:42. Bill No. 139 seeks to amend Section 25-8-33 (City of I lilo Zone Map), Article R, Chapter 25 (zoning Code) of the Hawaii County Code, by changing the District Classification of approximately 19,50(1 square feet of land from Single Family Residential - 10.000 square feet (RS-101 to Neighborhood Commercial - 10,000 square feet (CN-10). Communication 408.1 from Hawaii County Planning Director Chris Yuen, dated August 30, 2005, was circulated to amend Bill No. 139 by adding standard language contained in Section 3 regarding invalidity of ordinances. Dratt 2 of Bill No. 139, which includes Section 3, will be forwarded to the County Council prior to first reading. Communication No. 408 reports the Hawaii County Planning Commission, as required by the I lawai'i County l'harter, Chapter 4, Section 6-4.3(C), considered this rezoning request and accompanying Bill No. 139 on August 5, 2005. The Commission concurred with the Planning Dircctor~s favorable recommendation on this matter. The Planning Director's findings and ircommendations, transmitted with Communication No. 408, can be summarized as follows: I . 'I~he applicant is the owner of the property. The applicant is requesting a Change ofZ,one for 19.500 square leet of land from the Single-Family Residential district to the Neighborhood Commercial district. in order to convert the existing residence into an office building. The office building will house a mortgage company and anod~er small business. 2. The subject property is located on the west side of Manono Street in the Waiakea 1 Iouselots area of South Hilo. Access to the property is from Manono Street, a County road with a 50-tool wide right of way with 20- to 22-foot wide pavement and paved shoulders. PC REPORT NO. 33 Communication 40R Dill 139 Page 2 3. The approval of the Change of lone request from the Single Family Residential - 1(1,000 square feet (RS-10) to Neighborhood Commercial - 10,000 square feet (CN-10) zoned district would result in an appropriate land use pattern that will further benefit the public based on the following: • The proposed change of zone is located in an area designated in the General Plan to allow neighborhood commercial zoning and village commercial uses. The proposed change of zone adds commercial uses to serve the surrounding community. • 'I~hc action also complements the Land Use and Commercial elements of the General Plan by providing commercial uses in areas with adequate public utilities and facilities in locations which maximize convenience to users. • "The proposed rezoning conforms to the LUPACi map which designates the area for Medium-Density Urban Development. • ~fhe Waiakea Houselots area is in transition from residential to commercial and industrial uses. Several properties in the area have been rezoned for commercial uses. • nll essential services and utilities are available to the project site. • 'I~he Federal Emergency Management Agency's (FEMA) Flood Insurance Map (FIRM) identifies the site as "X" or outside the flood plain. 4. Requisite of the Planning Directors favorable recommendation for the Change of "hone request are twelve conditions contained in Bill No. 139 that outline specific requirements liar the proposed project. "l~hese conditions require the applicant to provide full improvements along the property's Manono Street frontage and limit access to Manono Street to a single location. The conditions also require that the applicant install street lights and traffic controls as required by the Department of Public Works. nt today~s meeting, Mr. Kenneth Loeffler, a surrounding property owner who lives 100 feet from the subject property, testified in opposition to this rezoning request. Mr. Loeffler expressed concern about the encroachment of commercial uses into the Waiakea Houselots neighborhood. Mr. Locftler's family has owned their Waiakea Houselots property for 70 years, and they purchased their property with the intent to live in a residential neighborhood. Mr. Loeffler was concerned that a conunercial/residential mixed use designation as permitted under the recently° revised General Plan will result in speculation and increased traffic in his Waiakea Houselots neighborhood. Mr. Loeffler also stated that his neighborhood is one of the few remaining afl~n~dahle neighborhoods in I Lilo. PC REPORT NU. 33 Conununica~ion dOR Rill 139 Page 3 Councilmcmber Higa explained that he also resides in Waiakea Houselots, and he confirmed that small commercial businesses arc indeed opening up throughout this neighborhood. Councilman I liga expressed that he would like to encourage the "upgrading" of the neighborhood, by permitting certain light commercial uses to co-exist with residential uses. Councilmcmber Isbell expressed her support for the neighborhood commercial designation. She pointed out that many families in mauka Kona live adjacent to their businesses, and that this type of mixed use neighborhood has been existent on the Island for many years. Mr. Timothy Del.ozier_ the applicant, indicated that the second small business proposed for establishment in the proposed office building would be similar in nature to his real estate business, i.c., a small business which should not generate excessive negative impacts on surrounding properties. Mr. Chris Yuen. I lawai'i County Planning Director, explained that the LUPAG designation for the subject property was recently revised trom Low-Density Urban Development to Medium-0cnsity Urban Development. The Medium-Density LUPAG designation allows uses permitted under the Neighborhood Commercial and Multi-Family Residential zoning districts. Mr. Yuen further explained that he is not opposed to limiting certain "incompatible'" commercial uses in residential neighborhoods, when individual circumstances warrant such limitations. fhc applicant, Mr. DeLozier, stated that he would not object to an amendment to Bill No. 139 to limit certain uses which are permitted in the Neighborhood Commercial zoning district, but which have potential negative impacts on surrounding properties. Councilmcmber Hoffmann was concerned that certain of the permitted uses in the Neighborhood Commercial district will substantially alter the residential character of the current community. which consists primarily ofsingle-family residences. Certain of the permitted uses, for example: convenience stores, restaurants, telecommunication antennas, and theaters could generate suhstantial adverse impacts on surrounding residential property owners. Councilmcmber Higa suggested that an amendment be inserted in Bill No. 139 to ensure that certain permitted uses in the Neighborhood Commercial district be expressly prohibited on the suhject property, in order to ensure that future uses of the subject property don't substantially alter Uie existing character of the neighborhood. Mr. Higa proposed that he be permitted to dralt such an amendment to Bill No. 139 prior to first reading by the County Council. Bill No. 139, Draft No. 3, will include language to specifically prohibit certain permitted uses in the Neighborhood Commercial district from being established on the subject property. PC REPOR'i~NO. 33 Communication 408 Bil] 139 Page 4 Your Committee on Planning is in accord with the intent and purpose of Bill No. 139 and recommends it pass first reading. nvNS noes w&e Ex Respectfully submitted, ARAKAKI X HIGA X COMMITTEE ON PLANNING HOFFMANN X - HOLSCHUH X ~ ~ ~ ~ IKEDA X IsBELL X Pete Hoffln/,///~ - JACOBSON - X _ ~~L/~/l/ PILAGO X SA FARIK X K. Angel Pil o, Co-Chair PC REPORT NO. 33 ADOPTED: SEP 2 1 7nn5