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Home My WebLink AboutREP PC 042 11/08/2005 2004-2006 REPORT OF THE COMMITTEE ON PLANNING DATE: November 8, 2005 Re: Comm. No. 494/Bill No. 163 PLACF,: Councilroom ['IME~ 1:30 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii Your Committee on Planning, to which was referred Communication No. 494 and attached Bill 163, reports as follows: Bill No. 163, transmitted by Communication No. 494 from Mayor Harry Kim, datc;d October 17, ?005 presents a Change of Zone request by Jim Winniman of property located along the north side of Kawili Street and currently includes Ryan's Restaurant and Okazuya and Anna's Lounge, Waiakea, South Hilo, Hawaii, TMK: 2-2-49:24. The purpose of Bill No. 163 is to amend Section 25-H-33 (City of Hilo Zone Map), Article K, Chapter 25 (%oning ('ode) of the Hawaii County Code 1983 (2005 Edition), by changing the District Classification from Neighborhood Commercial (CN-10) to Industrial-Commercial Mixed (MCX-?0) at Waiakea, South Hilo, Hawaii, covered by Tax Map Key No. 2-2-49:24. Communication No. 494 reports the Hawaii County Planning Commission, as required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, considered this Change of Zone request on October 7, ?005 and recommended a favorable consideration. Communication No. 494 can be summarized as hallows: I . applicant is requesting a change of zone from Neighborhood Commercial (CN-10) to Industrial-Commercial Mixed (MCX-20) °to utilize the property for more intensive conuncrcial and light industrial uses." The Applicant has no plans to construct a new building on the site. Instead, improvements will be limited to landscaping and interior renovations to accommodate future tenants' needs. 2. Existing CN-10 zoning was appropriate prior to the development of the Kanoelehua Industrial Arca. The lack of privately owned industrial properties gradually pushed some light industrial uses north of East Kawili Street, and the general vicinity of the site is now more light industrial and general commercial in nature. Given the absence of a residential neighborhood proximate to this area, the property's zoning has become somewhat functionally obsolete and the existing land uses, visibility and accessibility of the site is better suited fbr more intensive Commercial and Light Industrial uses. 3. l~he property is approximately 28,264 square feet of improved property located on the corner of Kawili Street and the unimproved extension of Kalanikoa Street. The property is the site of Anna's Lounge, Ryan's Restaurant, and oftice uses. Land uses in the immediate area arc a mix of Commercial and Industrial uses. All utilities and services are available to the site. PC REPORT NO. 42 Communication 494 Bill 163 Page 2 4. Access is proposed from Kawili Street, a County roadway classified as a secondary arterial of HO feet width. Kawili Street has 8-10 foot shoulders on the south side and 4-6 toot shoulders on its north side. There are two existing driveways on the site and the Department of Public Works recommends that each driveway be limited to ingress or egress only. The Department also recommends full improvements to the entire frontage along Kawili Street consisting of pavement widening with concrete curb, gutter and sidewalk along with any utility relocation. 5. County water and electricity and telephone services are available to the site and the property is connected to the County's sewer line. 6. The property has no severe geological or topobRaphical problems and is located within lone "X", area dctcnnined to be outside the 500-year tloodplain. 7. As the property is developed, Applicant does not believe rare or endangered flora or fauna resow'ccs are on the site. No formal archaeological survey, oral history of kama`aina accounts of the area, historical survey of documentary records and botanical and/or fauna study was submitted. K. The property is not located within the Special Management Area, is located more than two miles from the shoreline and will not be impacted by coastal hazard and beach erosion. The property does not abut the shoreline, therefore Hawaiian gathering and fishing rights are not an issue. Requisite to the Planning Commission's request for a favorable consideration, Conditions mm~bered A through L are contained in Bill No. 163. Conditions require that prior to construction of any new structures or change in use of the structures, applicant is to provide improvements to the entire frontage of Kawili Street consisting of, but not limited to pavement widening with concrete curb, gutter and sidewalk, drainage improvements and any required utility relocation. In addition, a drainage study and solid waste management plan will also be required for any new structures. At this Planning Committee Meeting on November S, 2005, Sidney Fuke appeared on behalf of the applicant Council Member Jacobson expressed concern about noise in the area from the bars. Mr_ Fuke stated those complaints fall under the Liquor Commission and at the time he appeared before the Liquor Commission on this matter two weeks ago, there were no registered protests from the surrounding property owners. Mr. Fuke stated noise would be confined within the existing building. Council Member .lacobson stated he would be voting in favor, but if there are any concerns about noise to certainly contact the Council before the next meeting. Chairman Higa stated he's not opposed to the applicant's request, but expressed his concern that the change of ~~onc was being requested primarily for karaoke. Chairman Higa's main concern was that the upzonc might be used for other purposes in the future, but that because the area is generally industrial in nature with businesses surrounding, he will support it as it stands, but found it hard to believe that you can't do karaoke in Neighborhood Commercial. Mr. Fuke responded that karaoke is defined as "live entertainment". PC REPORT NO. 42 Communication 494 Bill 163 Page 3 Council Member Safarik expressed the same kind of question Chairman Higa had and asked what would the process be if in the future a new owner wanted to subdivide. Mr. Fuke responded that the applicant had no intention to have the property subdivided but if that happened in the future and a new owner wanted to subdivide, the council would have to approve it and the new owner would have to comply with the subdivision code. Mc Fuke stated if the applicant cleared the old building to construct a new building then the Applicant would have to construct improvements such as pavement, curbs as stated under proposed Condition E. Council Member Safarik stated he'd support this application based upon the inforniation Mr. Fuke's client provided. Council Member Holschuh inquired whether in a Change of Zone application such as this would the Applicant have to notify surrounding neighbors. Mr. Fuke stated that all surrounding owners within 300 feet were notified of this Application and no one objected at the Planning Commission hearing nor were any written objections received. Also, at the Liquor Commission, a hearing notice had to be provided, and no written or verbal objections were received. Co-('hair Hoffinann inquired whether this type of classification included a Hostess Bar. Mr. Fuke stated it could include a Hostess Bar and that the Liquor Commission would have to make that determination. If fifty plus one percent of the surrounding property owners object to a Hostess Bar operation, then it's an automatic denial. Mr. Fuke noted that a Hostess Bar is already a permitted use under the existing zoning. There were no statements from the public on this matter. Your Committee on Planning is in accord with the intent and purpose of Bill No. 163 and recommends passage of Bill 163 on tirst reading. nrHa voHS nx~H; r:x Re5peetfully submitted, 4Kn KAKI X rncn 7{ COMMITTEE ON PLANNINQ IIOFFM ANN X _ ~ HOLSCHUII X ~ ~ IKN;Dn X IsBra.l. X Pcte Hoffinan~~„ Co-Chair ~ .In<'oI;SON X rn,nco X- - - SnFnRIK , _ '1 K. Angel Pil .o-Chair PC REPORT NO. 42 ADOPTED: Nf1V~