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HomeMy WebLinkAboutREP PC 037 10/17/2005 2004-2006 REPORT OF THE COMMITTEE ON PLANNING DATE: October 17. ?005 Re: Comm. No. 464Bi11 No. 1 S7 PLACE: Council Chambers TIME.: IO:UO a.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning to which was referred Bill No. 157, reports as follows: Bill No. I.57, transmitted via Communication No. 464 from Mayor Harry Kim, dated September 20, ZUUS, presents a Change of Zone request by the State of Hawaii, Department of Land and Natural Resources (DLNR), at Kawaihae I`~, South Kohala, Hawaii, "I'MK: 6-1-3:15. Bill No. 157 saks to amend Section 25-8-12 (Kawaihae-Puako District Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the District Classification of approximately 132 acres of land from Open (O) to Industrial-Commercial Mixed (MCX-la). Communication No. 464 reports the Hawaii County Planning Commission, as required by the Hawaii (bunty Charter, Chapter 4, Section 6-4.3(C), considered this rezoning request and accompanying Bill No. t57 on August 26, 2005. The Commission concurred with the Planning Director's favorable recommendation on this matter. The Planning Director's findings and recommendations, transmitted with Communication No. 464, can be summarized as follows: I . The State of Hawaii. DLNR is requesting a Change of Zone for 1.32 acres of land from the Open (OI District to the Industrial-Commercial Mixed (MCX-la) District. The property is located approximately 1,200 feet northwest of thejunction between Kawaihae Road and the Akoni Pule Highway. The Kawaihae Lighthouse and the Department of I lawaiian Homelands' 90-acre industrial park and residential subdivision are located to the north of the subject parcel. The adjacent 4.67-acre parcel to the south and west is State-owned land which was reserved for public recreational purposes by Governor's F,xecutive Order 4042; part of this parcel is currently utilized by Kawaihae Canoe Club for storage of canoes and supplies. The subject parcel does not front the ocean, but is separated from the ocean by a portion of the adjacent public recreational property. 2. The applicant proposes to lease the property to the highest bidder, via public auction. The applicant states that there has been interest in developing the property for commercial uses. On page four of the Final Environmental Assessment for this project, the applicant states that "the impressive site characteristics of the property which include proximity to the water and impressive views of the South Kohala coastline... are especially attractive to certain commercial operations such as a quality restaurant." The specific use of the site cannot be determined until after the award of a lease. The proposed zoning would allow Mixed Industrial and tommercial uses on the site. PC REPORT NO. 37 Communication 464 13111 I57 Page 2 3. 'fhe project site is located in the Special Management Area (SMA). As a condition of approval, the applicant will be required to secure an SMA Use Permit prior to any development of the site. 4. Access to the site is from the Akoni Pule Highway, aState-owned highway with two 12-foot wide lanes and paved shoulders. 5. Kawaihae harbor, with its associated industrial, commercial, sport fishing, and recreational uses, is the predominant land use in the vicinity of the project area. There is also a thriving commercial complex adjacent to the harbor, which houses restaurants, a convenience store, a gas station, art galleries, and marine-related businesses. According to the applicant, "The Hawaii Superterry... is scheduled to begin service to Kawaihae in ?006 [which] will also bring additional passengers and vehicles to the project area on a regular basis" (page four of the Final Environmental Assessment). 6. According to a letter dated September 14, 2004 from the applicant's representative, Brian T. Nishimura, there are approximately 80 acres of vacant Industrial-zoned lands in the Kawaihae region, excluding the Department of Transportation harbor complex. There arc also approximately seven acres of vacant Commercially-zoned properties. 7. The Flood Insurance (late Map (FIRM) designates the project site as Zone "X" or outside the 500-year tloodplain. However, the property is situated within the tsunami inundation area. As part of the SMA review process, the applicant will be required to submit an Emergency Response Plan to the Hawaii County Civil Defense Agency for approval prier to the issuance of a Certificate of Occupancy. K. The applicant has agreed to prohibit certain permitted uses within the MCX-zoned district from being developed on the subject property. These prohibited uses arc listed under Condition D and include the tbllowing: "(1) Agricultural products processing, minor; (4) Automobile sales and rentals: (5) Automobile service stations; (7) Broadcasting stations, (9) Car washing; (I I) Cemeteries and mausoleums, (14) Commercial parking lots and garages; (23) Laboratories, medical and research; (24) Manufacturing, processing and packaging establishments,tight; (34) Repair establishments, minor; (41)Self-storage facilities; (42) 'felca~mmunications antennas, (47) Warehousing; and (48) Wholesaling and distribution opcrations.° 9. Essential utilities are available to the site. The closest fire station is located approximately seven miles south of the project site, and the closest police station is located approximately 1 I miles away, in Waimea. PC REPORT NO. 37 ('onununica~ion 464 Bill 157 P,itc 3 10. According to The Planning Director's findings and recommendations, the Change of lone request from the from the Open (O) District to the Industrial-Commercial Mixed (MCX-1 a) District would result in an appropriate land use pattern that would further henetit the public based on the following: • The rezoning action contbnns to the Land Use Element of the Hawaii County General Plan and the Land Use Pattern Allocation Guide (LUPAG) Map designation fin the area. The MCX zoning is consistent with the lndustria] designation on the LUPAG Map for this area. The site is in close proximity to the existing transportation facilities and industrial uses at Kawaihae Harbor. • ~I'hc approval of the Change of Zone Request will not be violative of Chapter 205A, Hawaii Revised Statutes. The property is situated within the Special Management Area, and the applicant will be required to secure an SMA Use Permit prior to any development of the site. • Native species or habitats arc not expected to be adversely affected because of this request. The property was previously used by Parker Ranch as a holding area for cattle awaiting shipment ti-om the Harbor. The property has been vacant since 1959. No further archaeological work or preservation was recommended for the site. By letter, dated September I, 2004, the State agreed with the findings of the archaeulogicalinventury survey. I I . Requisite of the Planning Director's favorable recommendation for the Change of Zone request are tiftcen conditions contained in Bill No. 157 that outline specific requirements ii~r the prnposed prgject. At the October 17 Planning Committee meeting, Councilmember Hoffmann expressed concern about the lack of an overall master plan for the Kawaihae Harbor area. Councilmember Hoftinann stated that an overall plan would provide a clearer idea of the eventual uses of all lots and properties in this area. Mr. Hoffmann also stated that he does not believe that the County or the State shou{d make a policy of piecemeal rezoning of individual properties. Mr. Hoffmann did not object to the applicant's proposal; that the parcel would be well suited to a restaurant. He suggested that the applicant consider a more "benign' zoning designation, such as the Village Commercial (CV) District, which would also permit the proposed restaurant use. The MCX designation, even with the expressly prohibited uses listed in Condition D of Bill No. 157, still permits certain uses which could he considered incompatible with the adjacent recreational uses at the Kawaihae Canoe Club; these uses include cleaning plants, food manufacturing and processing, and laboratories, among others. PC REPORT NU. 39 C~mmu~lication 464 Rill 157 Paac 4 Mr. Harry Yada, representative for the applicant, explained that the General Plan designation for the parcel is "Industrial," and therefore the MCX zoning designation was the best choice for the property. A Commercial rezoning to the CV (Village Commercial) district would have required a General Plan amendment, since CV is not an Industrial zoning. Mr. Yada also explained that this parcel is located outside the State Department of Transportation's master-planned area fbr Kawaihae Harbor. Mr. Yada reiterated that a restaurant is the most logical bidder for a lease on the parcel, due to the scenic nature of the property. Councrhnember Holschuh asked Planning Director Yuen if the prohibitions imposed by Condition D of Bill No. 157 afford adequate protection from potentially offensive uses on the property. Mr. Yuen answered affirmatively, reiterating that any proposed development on the property will require an SMA permit. The specific use of the property and appropriate mitigations will he assessed during the SMA review process, stated Yuen. Mr. Yuen explained that this is the first rezoning of a shoreline property since Mayor Kim took office. Mayor Kim's Administration has consistently strived to preserve open areas along the shoreline. The only reason Mr. Yuen recommended approval of this rezoning was because the applicant had previously dedicated a 467-acre parcel adjoining the property for public recreational uses. Mr. Yada stated that this parcel represents arevenue-generating potential for DLNR. He said that DLNR has a responsibility to take advantage of this potential to provide revenue to its beneficiaries, including the Office of Hawaiian Affairs. "We must balance our obligations," he said. Mr. Yuen stated that he does not believe that development of this property will affect the view plane from Akoni Pule Highway, since the site is well below the elevation of the highway. Councilmember Pilago requested that a cultural impact analysis be included in future Gnvironmcntal Assessments by the State. Mr. Pilago stated that a Cultural Impact Analysis (CIA) should have been done for this project due to the historic significance of the Kawaihae area. Planning Director Yuen clarified that Kawaihae is noted in the General Plan for its natural beauty, but it is also designated for industrial development because of its large harbor. The General Plan designation is consistent with the requested MCX zoning. PC REPORT NO. 37 Communication 464 Bill 157 Page 5 Your Committee concurs with the Planning Commission and the Planning I}irector's favorable recommendation for approval of the Change of Zone request. Your Committee on Planning is in accord with the intent and purpose of Bill No. 157 and recommends it pass first reading. Ic ~u~:. xurs Air: rx Respectfully submitted, ARAKAKI X RICA X COMM['1'TEE ON PLANNING HOFFMANM1~ -X 110LSCHUIi X IKF.DA IsltH:u. - _ K. Angel Pi ' _ , Co-Chair .IACORSON ~ -X P11.AG0 sA1~ARIK J( ~ ~ Pete Hotfina _ - PC REPORT NO. _ 37 AUOPTCp; NOV Q