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HomeMy WebLinkAboutREP PC 055 02/28/2006 2004-2006 REPORT OF THE COMMITTEE ON PLANNING DATE: February 28, 2006 Re: Comm. No. 679/Bill No. 219 PLACE: Council Chambers TIME: 3:00 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 219, reports as follows: Bill No. 219, transmitted via Communication No. 679 from Mayor Harry Kim, dated January 24, 2006, presents a Change of Zone request for three parcels of land by JANICE OSHIRO, at Waiakea, South Hilo, Hawaii, TMK: 2-2-28: parcels 3Q 32 and 33. Bill No. Z 19 seeks to amend Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by changing the District Classification from Single-Family Residential (RS-]0) to General Commercial (CG-10) for approximately 28,002 square feet of land. Communication No. 679 reports the Hawaii County Planning Commission considered this rezoning request and accompanying Bill No. 219 on January 6, as required by the Hawaii County Charter, Chapter 4, Section 6-4.3(C). The lack of five affirmative votes required by Hawaii County Charter, Section 13-4(I) constitute a "no action" by the Planning Commission. Therefore the application was forwarded with an unfavorable recommendation. The Planning Director's favorable recommendation transmitted with Communication No. 679 can be summarized as follows: 1. The Applicant is requesting a Change of Zone for three (3) parcels of land consisting of 28,002 square feet from Single-Family Residential (RS-] 0) to General Commercial (CG- 10). The property is located along the east side of Kilauea Avenue and approximately 120 feet north of the Kilauea Avenue - Lanikaula Street intersection, South Hilo, Hawaii. 2. The Applicant proposes to convert two (2) existing single-family dwellings into offrce space. The combined gross floor area of both dwellings total 2,600 square feet and are single-story dwellings situated on three separate parcels of land identified as Lots "A", "B" and "C". Lot "C" is the Roadway Lot serving these two parcels of land. 3. Access to the site is from Kilauea Avenue, which is a County maintained roadway with a 44-foot pavement within a 60-foot right-of--way width. Kilauea Avenue is proposed to be widened to an 80-foot right-of--way and therefore a condition of approval will include that PC REPORT NO. 55 Communication 679 Bill 219 Page 2 of 5 a 10-foot road widening setback be delineated on the site plan for final Plan Approval and that no on-street parking is allowed along this section of Kilauea Avenue. 4. Essential utilities are available to the properties. The Police services are available from the Kapiolani Street main station and fire services are available from the Hilo Central Fire Station at the corner of Kinoole Street and Ponahawai Street. County water is available from an existing waterline along Kilauea Avenue and will connect to the existing County sewer lateral within Kilauea Avenue. 5. According to The Planning Director's findings and recommendations, the Change of Zone request from Single-Family Residential (RS-10) to General Commercial (CG-10) zoned district would result in an appropriate land use pattern that would further benefit the public based on the following: • The proposed rezoning conforms to the goals, policies and standards of the Land Use and Commercial Elements of the Hawaii County General Plan and LUPAG Map designation for the area. The requested change of zone to a CG-10 district conforms to the LUPAG Map, which designates the properties and surrounding areas as High Density Urban. Such designation may allow general commercial, multiple-family residential and related services (up to 87 units per acre for multiple-family residential). • Surrounding lands are in a mix of commercial and single-family residential uses. Adjacent and north of Applicant's property is a new office building under construction and is zoned CG-10. Further north is the Church of Jesus Christ of Latter-Day Saints and to the south is the Lanikaula Professional Center (zoned RS-10). The property to the west across Kilauea Avenue is zoned CG-10 and CG-20 and about a block south is the Hilo Shopping Center complex of existing commercial activities. • With the adoption of the Revised Zoning Code in December 1996, and ratified on April 6, 1999, all Commercial Office (CO) zoned districts were redesignated as General Commercial (CG) districts. Therefore, the requested CG zoning would be consistent with the existing land use pattern established within this portion of Hilo. • To mitigate possible visual or noise impacts the proposed use would have on adjacent residential properties, a condition of approval will be included that Applicant be required to comply with Planning Department's Rule No. 17 regarding landscaping. • The course of action for commercial development within the South Hilo District recommends that appropriately located commercial zoned lands shall be allocated as the need arises. The proposed request is consistent with the urban form depicted for Hilo as it would add commercial uses serving the surrounding area as well as the Hilo community. In addition, the Waiakea area is in transition from residential to commercial uses and the proposed request further the goals of allowing new or PC REPORT NO. 55 Communication 679 Bill 219 Page 3 of 5 existing businesses to expand and diversify. • The approval of the Change of Zone Request will not be violative of Chapter 205A, Hawaii Revised Statutes. The property is not situated within the Special Management Area and is located approximately three (3) miles from the nearest coastline and outside of the tsunami inundation area. • It is not anticipated that endangered or threatened species of flora or fauna are located within the subject properties, and the area has not been identified as a significant botanical or biological habitat. The property and surrounding areas have been extensively developed with residential and commercial uses and therefore, protection of traditional and customary native Hawaiian rights in the area does not apply. • Parcels number 30 and 33 are classified as Zone "X" (areas determined to be outside the 500-year flood plain.) The eastern portion of parcel number 32 is located within Flood Zone AE, as designated on the Flood Insurance Rate Map by the Federal Emergency Management Agency (FEMA). A condition of approval will require that Applicant conform to Chapter 27, Flood Control, of the Hawaii County Code, for any construction activity within the flood zone. 6. Requisite of the Planning Director's favorable recommendation for the Change of Zone request are approximately seventeen conditions contained in Bill No. 219 that outline specific requirements for the proposed project. At the February 28, 2006 Planning Committee meeting, no public testimony was received, however, Applicant's representative, Sidney Fuke, was present and available to answer questions. Council Member Holschuh states his support based upon Planning Commissioner Graham's statements that this request conforms to the General Plan and also to adjoining uses. He stated Mr. Graham is a very environmentally responsible person who he has known for many years, and therefore supports his opinion that the request should go forward. Mr. Fuke, representing Applicant stated although objections were raised at the Planning Commission hearings by a neighbor and her father who live away from the subject property, nevertheless their concerns resulted in a number of mitigative conditions that were subsequently accepted by the Planning Commission. Mitigation measures relate to time of construction, building height and property setbacks. Council Member Jacobson stated he was not really excited working with this, having watched the area evolve over the past two years with nice places across the street for lunches, but no adequate parking. The proof is on the ground there is not enough parking and that this mixed use area will not be mixed use for too long. Stated area will become more urban and we will lose a nice neighborhood so, will not be supporting this. PC REPORT NO. 55 Communication 679 Bill 219 Page 4 of 5 With regard to parking Mr. Fuke responded that perhaps the County and Planning Commission should take a close look at parking requirements within the zoning code. Mr. Fuke stated that from a commercial developer perspective, it behooves the developer to provide more parking than what the zoning code stipulates because to the extent you do not provide more than adequate parking, you lose out on potential business. He stated that Council Member Jacobson raised a very good point with regard to no adequate parking. Currently, the ratio is one stall for every 300 square feet and if you try to just satisfy minimum parking requirements, in the end you may lose out. One solution may be to amend the code with respect to number of required parking stalls for various commercial establishments if a developer does not elect to provide more than the required parking. Council Chair Higa is aware of parking situation noted by Council Member Jacobson. The area is in his district and agrees that if there's going to be restaurants in the area then there has to be more parking. Mr. Fuke stated Applicant is the owner of a flower business, however she will not operate her business out of this commercial area. Council Chair Higa stated he realizes the area is more commercial in nature, the houses there are getting older and no new homes are being built in the area. He supports office spaces in the area and tends to favor the project. Council Vice Chair Virginia Isbell stated it's become impossible now to live anywhere near where one works and feels the need to look at "mixed" uses. She noted some cities on the mainland are going back to mixed area zonings that allow people to live and work in the same place and that's been very successful. She felt as long as there's good parking this project should work out and she can support this. Committee Vice Chair Pete Hoffmann stated, as he's said before, there is more than enough commercial space in Hilo and we don't need more. However, because he did not see an overwhelming amount of opposition to the project and the fact that the Council Member of that district feels it's a good idea, his vote will be lost even if he votes no. He stated he doesn't see the purpose of this, but it's fine. Council Member Donald Ikeda inquired how Condition "C" relating to setbacks and RS-10 height limits came about. Mr. Fuke explained Ms. Black testimony before the Planning Commission was not so much complaints about Ms. Oshiro's project, but of her recollection about the construction of a massive 3-story office building adjoining Ms. Oshiro's property. Ms. Blacks concerns were obstruction of views, its enormous size, property setbacks and the fact that construction was taking place all hours of the day, every day ofthe week. Mr. Fuke stated in recognizing that Applicant's neighbor to the rear of her property is residential, in deference to that fact Ms. Oshiro agreed to Condition "C" and be bound to single family residential height limits and setbacks. Therefore, even though Ms. Oshiro would hold a CG zoning allowing buildings up to ten stories, she has agreed to residential requirements for height limit and property setbacks. Council Member Bob Jacobson would like to ban all left "in and out" turns because this is a very PC REPORT NO. 55 Communication 679 Bill 219 Page 5 of 5 dangerous and busy area. He has no doubts this is the busiest section of Kilauea and will make an amendment in writing at the next time. States that too many left turns in and out of a number of locations have already been allowed and this causes lots of traffic tie ups and accidents. Mr. Fuke replied that independent of this application, you would still have this problem. Council Chair Stacy Higa stated that what Council Member Jacobson is saying was correct and that a left hand turn out of Applicant's property would be pretty hazardous because of the short span from the intersection and cars attempting dedicated left hand turns. He agreed there's a need to look at the turning situation and has concerns with what such a busy intersection would be exposing other people to, not just those using Applicant's property. He stated people from all directions would also be exposed to this hazardous situation. He wants to discuss with Mr. Fuke ideas similar to restrictions as was done on Manonlo Street to protect his constituents in this area. He will support this. Your Committee concurs with the Planning Director'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 219 and recommends it pass first reading. and AYES NOES A&E EX Respectfully submitted, ARA KA KI x HIGA x COMMITTEE ON PLANNING HOFFMANN x HOLSCHUH x IKEDA x IseELL x K. Angel Pila ,Chair JACOBSON g PILAGO g SAFARIK x PC REPOR'T' iVO. 55 ADOPTED: MAR 2 2 10f1fi PC REPORT NO. 55