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HomeMy WebLinkAboutREP PC 005 12/19/2006 2006-2008 REPORT OF THE COMMITTEE ON PLANNING DATE: December 19, 2006 Re: Comm. No. 680/Bill No. 221 PLACE: Sheraton Keauhou Bay Resort & Spa TIME: 9:00 a.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was refetted Communication No. 680 and Bill No. 220, transmitted by Mayor Harry Kim, dated January 24, 2006, regarding a request for Change of Zone by Timothy Lynn Gardner, at Keonepoko, Puna, Hawaii, TMK: 1-5-7:53 reports as follows: Bill No. 221 seeks to amend Section 25-8-26 (Pahoa Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by changing the District Classification of 3.317 acres of land from Agricultural (A-la) to Industrial-Commercial Mixed (MCX-la) at Keonepoko, Puna, Hawaii. Communication No. 680 reports that the Hawaii County Planning Commission, as required by Chapter 4, Section 6-4.3(C), Hawaii County Charter, considered the above request and accompanying Bill No. 22l on January 6, 2006. The Commission voted to send an unfavorable recommendation to the council and concurred with the Planning Director's reasons for the unfavorable recommendation as follows: 1. The property is owned by Timothy Lynn Gardner. Mr. Gardner is requesting a Change of Zone from Agricultural 1-acre (A-la) to Industrial-Commercial Mixed 1-acre (MCX-la) to develop a self storage facility on the property. The applicant is also requesting a State Land Use Boundary Amendment (Bill 220) from Agricultural to Urban to allow the proposed uses. 2. The subject property is located along the northeast side of the Keaau-Pahoa Road (Highway 130), approximately 1,500 feet north of the Pahoa Village Market Complex, Keonepoko Homesteads, Puna, Hawaii. 3. The applicant states the entire 3.317-acre parcel will be utilized to construct nine (9) single-story self-storage units of approximately 56,200 square feet under roof, including an office space of approximately 200 square feet. Applicant will contribute the property to a new LLC of which he will be part owner and will be managed by A-American Self- Storage Management Co. He expects construction to be completed within twelve (12) months at an estimated cost of $2.5 to $3 million and states he intends to address the demand for self storage in lower Puna, as the nearest facilities are in Keaau and Hilo, now operating at capacity. PC Report No. 5 Communication 680 Bill 221 Page 2 of 4 4. Surrounding properties to the northwest and south are zoned A-la, and properties to the east are zoned A-Sa. The area is characterized by mixed residential, agricultural and commercial uses. The adjacent parcel to the southeast was granted a Special Permit on September 2, 2005 to establish a fire station. The Pahoa Market Place, that includes a mix of commercial and industrial uses, is located approximately 1,800 feet southwest of the property on the western side of the Keaau-Pahoa Highway. The Pahoa Market Place property (TMK: 1-5-7:80), was redesignated from an Agricultural District to the Urban District and rezoned from A-la to MCX-20 by Ordinance No. 00 77, effective July 18, 2000. 5. The proposed project would not be a complimentary extension of the commercial area of Pahoa. All commercial establishments are located west of the Keaau-Pahoa Highway. Extending commercial areas east of the Keaau-Pahoa Highway would create spot or scattered development along both sides of the highway. The proposed rezoning would greatly increase traffic potential and would set a precedent for undesirable land use pattern contrary to the State Land Use Law and the General Plan. 6. The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designates the area as Urban Expansion Area, and immediately surrounding this area is the Extensive Agriculture designation. The Urban Expansion Area designation would allow the proposed use as well as residential uses. However, the LUPAG designation does not mandate granting of a specific zoning, as it is still necessary to do site-specific analysis. The property is located at the outer fringe of a large urban expansion area. 7. The request is not consistent with the Land Use-Commercial Development goals and Policies of the General Plan, which state: Encourage the concentration of commercial uses within and surrounding a central core area. • Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. In addition, a course of action for the Puna District states: Centralization of commercial activities in Pahoa Town, rather than along the Pahoa By-Pass, to serve the residents of Lower Puna shall be encouraged. The proposed use is also not consistent with the Land Use -Industrial (Puna) course of action which states: Industrial-commercial mixed use districts maybe provided in appropriate locations. PC Report No. 5 Communication 680 Bill 221 Page 3 of 4 8. The property is located northeast of the Keaau-Pahoa Highway and would not be a complementary extension of the commercial azea of Pahoa and extending commercial areas across of, or east of the Keaau-Pahoa Highway would create a spot or scattered development along both sides of the highway. 9. Existing infrastructure cannot support commercial development east of the Keaau-Pahoa Highway and industrial-commercial use at this location would create an increase in cross- highway movement and traffic congestion. The State Department of Transportation (DOT) has requested a Traffic Impact Analysis Report and recommended extensive improvements prior to establishment of the proposed uses. 10. Allowing this change of zone that results in further higher density of industrial-commercial uses through the MCX zoning in this area would be inappropriate at this time, would not result in an appropriate land use pattern and would not further the public convenience, necessity and general welfare. By letter dated February 27, 2006, applicant Timothy Lynn Gardner requested that due to medical reasons, his application for change of zone be deferred to the July 2006. Mr. Gardner also stated the additional time would allow he and his partners to meet with members of the Pahoa community and address their concerns. At the 7uly 6, 2006 Planning Committee meeting, no public testimony was received regarding this application. Following discussion of applicant's companion Bill 220, this matter was also postponed to the August 22, 2006 Planning Committee meeting to allow Council Member Safarik an opportunity to comment. Committee Chair Pilago explained that the July 3, 2006 deadline to agendize items for the July 18, 2006 Planning Committee meeting had passed, that the July 31, 2006 Planning Committee calendaz was full, and therefore the next available Planning Committee meeting date was August 22, 2006. At the August 22, 2006 Planning Committee meeting this matter was postponed to the December 19, 2006 Planning Committee meeting along with Companion Bill No. 220. At the December 19, 2006 Planning Committee meeting no oral testimony was presented by the public on this matter. Discussions of companion Bill No. 220 regarding applicant's State Land Use Boundary Amendment application were noted. Council Member Stacy Higa inquired whether applicant had any discussions with the Police Department regarding the proposed project. Mr. Gardner said he had no contact with the police department but that he did speak with the Fire Chief who was excited about their proposal and also applicant's offer to contribute $200,000 PC Report No. 5 Communication 680 Bi11221 Page 4 of 4 towards road construction. Committee Vice Chair Yagong said he did come prepared to vote against this proposal, however, his approval is based out of respect to Council Member Naeole. Mr. Yagong said he frequents the area, knows the traffic problems and has no doubt in his mind that highway 130 is an extremely important roadway that needs to be planned properly. Mr. Yagong said he will vote in favor of this application but would look into the matter further to make a more informed decision. Council Member Naeole explained that Department of Hawaiian Home Lands is located in back of applicant's property and the proposed fire and police station. She said she plans to meet with DHHI, representatives to see if she can work something out that would provide more services to the Pahoa community. In comparison Ms. Naeole stated, when you look at Kona there's too much development, but in Pahoa, they really have no services and that's what she's looking to bring into the community. Ms. Naeole presented to the Committee a petition signed by members of her community expressing support of this application. Council Member Jacobson noted his interest in what Council Member Naeole is able to work out with the Department of Hawaiian Home Lands. Your Committee on Planning is in accord with the purpose and intent of Bill No. 221, as amended to Draft 2, and recommends it pass first reading. and AYE5 NOES A&E EX Respectfully submitted, FORD X HIGA X COMMITTEE ON PLANNING HOFFMANN X IKEDA X JACOBSON X NAEOLE X K. Angel Pilago, Chair PILAGO X YAGONG X PC REPORT NO. 5 YOSHIMOTO X ADOPTED: I 9 ZOO7