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HomeMy WebLinkAboutREP PC 031 05/15/2007 2006-2008 REPORT OF THE COMMITTEE ON PLANNING DATE: May 15, 2007 Re: Comm. No. 255/Bill No. 74 PLACE: Councilroom Ben Franklin Building 333 Kilauea Avenue, 2"d Floor Hilo, Hawaii 96720 TIME: 1:45 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 74, reports as follows: Bill No. 74, transmitted via Communication No. 255 from Mayor Harry Kim, dated March 14, 2007, presents a Change of Zone Request by GINGER PATCH DP, LLC at Waiakea, South Hilo, Hawaii , TMK: 2-2-439:31, 57, 68 and 69. Bill No. 74 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 Squaze Feet (RS-10) to Neighborhood Commercial - 40,000 Square Feet (CN-40) at Waiakea, South Hilo, Hawaii. Communication No. 255 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 Mazch 2, 2007. The Commission concurred with the Planning Director's approval recommendation, except as modified, and transmits the following: 1. The subject property is located along the north side of Puainako Street between Kilauea Avenue and Kekela Street, across from the KTA Super Stores complex, Waiakea, South Hilo, Hawaii. 2. Applicant is requesting a change of zone from Single Family Residential (RS-10) to Neighborhood Commercial (CN-40) for four pazcels of land totaling approximately 88,317 squaze feet of land. 3. Applicant intends to develop two pads of commercial real estate or business center ranging in size from 9,600 to 10,132 squaze feet and 130 parking stalls and develop the project based on a strong market demand consistent with these types of buildings in this area of South Hilo. The project site contains two dwellings in disrepair and an abandoned red ginger farm. PC Report No. 31 Communication 255 Bi1174 Page 2 of 5 4. Construction timetable is approximately one to two years. Access is proposed from Kekela Street, a County right-of--way of 60-foot width that includes a 42-foot wide pavement with concrete curbs, gutters, and sidewalks fronting the subject parcels. Access is also proposed from Puainako Street which fronts the project site and is under the jurisdiction of the State Department of Transportation. 5. County water is available to the project site. 6. Electricity and telephone services, as well as County fire, police and emergency medical services are available to the project site. 7. The Planning Director recommended favorably on this request 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 designates this area as High Density Urban and Medium Density Urban. • The State Land Use designation for the subject property is Urban and the property is unclassified by the Land Study Bureau's Productivity Rating. • The Change of Zone request is not contrary to Chapter 205A, Hawaii Revised Statutes relating to Coastal Zone Management as the subject properties are not proximate to the shoreline and not located in the Special Management Area. • Surrounding land uses in the azea are a mix of residential and commercial uses. Adjacent properties to the north are zoned RS-10 and in single-family uses. To the east across Kekela Street is the Ginger Patch Market and Deli and the Firestone Tire and Service Center zoned CN-10. The KTA Super Stores complex is located to the south of the project on Puainako Street and zoned CN-10. There are single-family dwellings to the west of the project site along Kilauea Avenue. • Due to the history of extensive disturbance to the site, no professional flora or fauna surveys were conducted and applicant does not believe that raze or endangered floral or faunal resources are on site since the project site has been improved and is located within an urban environment near existing commercial uses. • There is no record of a designated public access to the shoreline or mountain areas that traverse the site and, no valued cultural, historical or natural resources exist on the properties. There is no evidence of any traditional and customary native Hawaiian rights being practiced on the site and therefore the proposed request will not have any anticipated adverse impacts on cultural or historical resources. • The project site is located within Zone "X", an azea determined to be outside the 500- year flood plain. • Requisite of the Planning Director's favorable recommendation for the change of zone request, are seventeen (17) conditions contained in Bill No. 74 which outline specific requirements for the proposed project. Among the seventeen conditions, specific provisions have been made to address the following: PC Report No. 31 Communication 255 Bi1174 Page 3 of 5 Condition D requires applicant to secure Final Consolidation Approval of pazcels 31, 57, 68 and 69 within one yeaz. Condition E requires a Traffic Impact Analysis Report (TIAR) to be submitted to the Department of Transportation for review. Condition F provides that no project access from Kekela Street shall be allowed, unless recommended by the Department of Transportation. Condition G provides that access to the project site from Puainako Street shall meet with approval of the Department of Transportation. At the April 3, 2007 Planning Committee meeting, applicant John Gomes and his attorney, Steven Lim were available to answer questions, as well as Planning Director, Chris Yuen. Concerns were expressed regarding the traffic issues noted by the Police Department and how applicant plans to address these concerns. Mr. Lim, applicant's attorney, said they plan to address this by limiting access from Kekela Street only as an entry and noted that applicant is committed to keeping Kekela Street to an entry only. Council Member Higa stated he supports applicant's proposal, however is worried how the traffic situation will be worked out. He noted if everything is one way, how will people be routed back or how would traffic loop back to the highway and towards Prince Kuhio. Council Member Jacobson's concerns were of circulation problems and the need for improvements and for curb, gutter and sidewalks running the entire length. Mr. Jacobson noted the ordinance did not contain that standard requirement and stated there is a need for channelization to prevent people from turning left and going straight across to KTA. Council Member Ford noted her concern that 130 sparking spaces is inadequate and is looking more to a number of 200 spaces as being adequate for this proposal. Council Member Yagong's concerns were that although the proposed project is in such a prime commercial location, it also creates a lot of problems as well. Mr. Yagong noted that results of the Traffic Impact Analysis Report (TIAR) would not come before the Council and therefore the Council would be accepting an application without knowledge of solutions to the traffic situation and therefore not apprised of the end result. Director Yuen stated that the Department looked at the proposed application mainly as a commercial proposal with the idea of proposing two possible traffic solutions, and to proceed after recommendations from DOT and DPW are received. Mr. Yuen stated that the zoning is correct for this site and it would not be impossible to make this work. Some Council Members expressed a preference to wait until the TIAR was complete prior to taking action on the proposed application. Director Yuen noted that a TIAR will not provide restrictions that limit what applicant can and cannot do with regard to traffic. All the TIAR will do is to propose suggestions as to how to resolve the traffic issues. PC Report No. 31 Communication 255 Bi1174 Page 4 of 5 Given the discussions and concerns, applicant agreed to postpone this matter until receipt of the TIAR or the July 9, 2007 Planning Committee meeting, whichever shall first occur. At the May 15, 2007 Planning Committee meeting no members of the public were present to give public testimony. Applicant's attorney, Steven S. C. Lim was present and noted that the Traffic Impact Analysis Report ("TIAR")was complete and copies were provided to the council. Mr. Lim stated that the TIAR addresses concerns expressed at the last meeting of the Committee on Planning. Mr. Lim advised the Council Members that as the process evolved, applicant has amended their plans, has contacted the State Department of Transportation and is willing to live with whatever recommendations the Department of Transportation and the Department of Public Works renders in this matter. Council Chair Pete Hoffmann moved to approve amendments to Bill 74 as presented by the Planning Director dated 15 May 2007. Planning Director Yuen noted that the biggest issue at last discussion was not location but how to handle traffic. The TIAR shows that additional left turns are a problem, and thus indicated that having a direct access from Kekela Street is not a good idea. The conditions have been reworded so that there is no public access from Kekela Street but there is a possibility of a delivery access. There is no plan as yet for how the delivery access could be done but Mr. Yuen said it has to be more than just having a sign saying "delivery vehicles only". Mr. Yuen noted that conceivably a delivery "access only" to the back of the building where it's not convenient for the public to access may work so that the only access to the site would be a "right-in/right out" from Puaniako street. Council Member Jacobson stated that a left turn out of Kekela would create great traffic havoc and that aright-in and right-out with physical barriers is critical for the project. Mr. Jacobson appreciates the Director's amendments and supports it. Council Member Naeole stated she was thankful for the proposed amendments which made her feel a lot better. A motion to amend Bill 74 as proposed by the Planning Director's May 15, 2007 letter was unanimously approved. During discussion on the main motion, Council Member Yagong stated he saw a car coming out of Kekela going left onto Puainako Street and asked whether anything is being done about that. Director Yuen said that currently left turns from Kekela Street are already used by the existing commercial area and residents of Kekela and that this issue could be taken as a separate traffic control item. In response to Mr. Yagong's inquiry of how to enforce utilizing Kekela as a delivery only access, Mr. Yuen stated there needs to be a site plan that would make it an impractical approach for anyone except delivery vehicles. Mr. Yuen said that posting a "delivery PC Report No. 31 Communication 255 Bi1174 Page 5 of 5 only" sign is not good enough and that it would need some aspect in a site plan that made it impractical for non-delivery vehicles to use it. Mr. Yuen stated that applicant does not have a plan for that right now. Council Member Ford expressed concerns regarding inadequate parking and although Mr. Yuen stated the number of parking stalls proposed by the applicant is in excess of the current minimum requirement, Council Member Ford proposed that the minimum number of parking stalls be increased to 196. Ms. Ford stated that she intends to propose an amendment to increase the minimum number of parking stalls at the next meeting. Council Member Jacobson noted how very dangerous crossing the street was in the area and stated he would want these sort of things considered as well in moving the measure forward. Your Committee concurs with the Planning Commission and the 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. 74, as amended to Draft 2, and recommends it pass first reading. and avES Noxs ns.E xx Respectfully submitted, FORD X HIGA X COMNIITTEE ON P ANNING HOFFMANN X IIfl+,DA X JACOB50N X ~ NAEOLE X K. ANGEL PIL O, CHAIIt PILAGO X YAGONG X PC REPORT NO. 31 YosHrntoTO x AnOPTEn. Jl1N n 1 707