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