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Home My WebLink AboutREP PC 114 10/18/2006 2004-2006 REPORT OF THE COMMITTEE ON PLANNING DATE: October 18, 2006 Re: Comm. No. 1045Bi11 No. 332 PLACE: Ben Franklin Building, 2"d Floor TIME: 9:30 a.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 332, reports as follows: Bill No. 332, transmitted via Communication No. 1045 from Mayor Harry Kim, dated August 24, 2006, presents a Change of Zone Request by the Association of Apartment Owners of Lanikaula Professinal Center at Waiakea, South Hilo, Hawaii, TMK: 2-2-28:31. Bill No. 332 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 - 10,000 square feet (RS-10) to General Commercial - 20,000 square feet (CG- 20) at Waiakea, South Hilo, Hawaii, for 33,803 squaze feet of land. Communication No. 1045 reports that the Hawaii County Planning Commission, as required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, considered the above request on August 4, 2006. The Planning Commission concurred with the Planning Director's reasons for recommending favorably on this application for change of zone. Communication No. 1045 transmits the following findings and recommendations: 1. The subject property is owned by Alvin t. and Colleen C. Yoshida, Michael A. and Gail E. Clarke, Charles R. Sugiyama Trust, and Douglas T. Shiro. The property is the site of the existing Lanikaula Professional Center located on the northeast corner of the Kilauea Avenue -Lanikaula Street intersection at Waiakea, South Hilo, Hawaii. 2. On May 19, 1994, Use Permit No. 124 became effective which allowed establishment of the medicaUdental facility and related uses. Applicants are now requesting a change of zone from Single Family Residential - 10,000 squaze feet (RS-10) to General Commercial - 20,000 squaze feet (CG-20) and propose no changes to the existing improvements or uses. Applicants seek additional flexibility to lease or sell their unit to professional businesses sometime in the future, and not necessarily be limited to medical or dental uses, but intend to maintain the building as a professional office center. 3. Access to the property is from Lanikaula Street, a County roadway with pavement width of approximately twenty (20) feet and fronts Kilauea Avenue which has a 60-foot right-of--way. The City of Hilo Zone Map designates a 10-foot wide road widening setback along the property at the Kilauea Avenue and Lanikaula Street frontages for future widening of both roads to an 80-foot right-of--way. PC REPORT NO. 114 Communication 1045 Bill No. 332 Page 2 of 3 4. All essential utilities and services are available to the site with police services available at the Kapiolani Street main station and fire protection services at the Hilo Central Fire Station on Kinoole Street. 5. The Planning Director's favorable recommendation on this request is based on the following: • The Change of Zone request will conform to the goals, policies and standards of the General Plan Economic and Land Use Elements. • The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is representative of goals and policies that guide the coordinated growth and development of the County and establishes the basic urban and non-urban form for areas with the County. The project area is designated High Density Urban which includes General Commercial, multiple family residential and related services, thus conforming to the LUPAG map for this area. • The State Land Use designation of the property is Urban and is unclassified by the Land Study Bureau's Productive Rating. In 1975 the Hilo Community Development Plan (CDP) designated the area as RM 4 and land use in the immediate area include a mix of residential and commercial uses. The proposed change of zone would compliment existing land uses in the area and provide for orderly development. • The project site is located within Zone X, azeas determined to be outside the 500-year flood plain. Pursuant to the Department of Public Works, the northeastern portion of the parcel is located within Flood Zone "AE" by the Federal Emergency Management Agency (FEMA) which is the Special Flood Hazard Area inundated by the 100-yeaz flood where base flood elevations have been determined. That northeastern portion of the property designated "AE" is undeveloped and covered with gravel to minimize any potential flood hazard impact. • As the property is fully developed, no professional surveys were conducted of the site, however, should any archaeological features or sites be discovered during development, work will immediately cease and applicants aze required to notify the Planning Department. • The Change of Zone request is not contrary to Chapter 205A, Hawaii Revised Statutes relating to Coastal Zone Management as the subject property is not located within the Special Management Area and therefore will not be impacted by coastal hazard or beach erosion. No valued cultural, historical or natural resources exist on the properly and there is no evidence of any traditional and customary native Hawaiian rights being practiced on the site. There is no record of a designated public access to the shoreline or mountain area that traverses the property. • Requisite of the Planning Director's favorable recommendation for the Change of Zone request, aze nine conditions contained in Bill No. 332 that outline specific requirements for the proposed project. Among the nine conditions is Condition "D" which states that new constrnction within the designated flood zone shall conform to Chapter 27, Flood Control, of the Hawaii County Code. Condition "D" further states that no additional structure shall be constructed in the "AE" zone or Zone "X" Flood Zones, however, construction within the "AE" or "X" Flood Zones is allowed if owner secures a letter of map revision. PC REPORT NO. 114 Communicafion 1045 Bill No. 332 Page 3 of 3 At the October 18, 2006 Committee on Planning meeting no one appeazed to present public testimony. Planning Director Yuen explained that currently applicant's Use Permit limits him to operate a doctor's office in a residential area and that applicant wants a wider range of commercial uses. Mr. Yuen said a General Commercial zoning changes uses quite considerably, but certain proposed uses would require applicant to go back to the Planning Departrnent for consideration and/or changes. Committee Vice Chair Hoffmann spoke of excluding some of the permitted uses from the application should the property change hands in the future. Director Yuen did not have a problem with exclusions as he recognized there are problems when mixing commercial uses in residential areas. Mr. Yuen suggested that Mr. Hoffmann discuss potential exceptions with the applicant. Council Chair Higa noted that under the new designation whatever use the applicant would propose will still have to conform to uses consistent with the surcounding areas and didn't see any problems in supporting this proposal. Council Member Jacobson noted that he can't support this proposal until some sort of height limitations are included by next meeting. Director Yuen stated at the Planning Commission level a 35-foot height limitation was included and that the Ordinance does provide fora 35-foot height limitation. Your Committee concurs with the Planning Commission and Planning Director's favorable recommendation for approval of the Change of Zone Request. Your Committee on Planning is in accord with the purpose and intent of Bill No. 332 and recommends it pass first reading. and AYES NOES A&E EX Respectfully submitted, ARAI{AHI X HIGA X COMIvIITTEE ON PLANNING HOFFMANN X HOLSCHUH X IKGDA X r ~ ISBELL X JACOBSON X K. ANGEL PILA ,CHAIR p~~ X PC REPORT NO. 114 SAFARII{ X ADOPTED: nrr ~ ~ 7006