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HomeMy WebLinkAboutREP PC 028 04/03/2007 2006-2008 REPORT OF THE COMMITTEE ON PLANNING DATE: Apri13, 2007 Re: Comm. No. 267Bi11 No. 79 PLACE: Sheraton Keauhou Bay Resort & Spa 78-128 Ehukai Street Kailua-Kona, Hawaii 96740 TIME: 2:00 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 79, reports as follows: Bill No. 79, transmitted via Communication No. 267 from Council Member Brenda Ford, dated Mazch 2Q 2007, presents an Ordinance Amending Chapter 25, Zoning Code, Article 4, Division 5, of the Hawaii County Code 1983 (2005 Edition, as amended), Relating to Off-Street Parking and Loading. Bill No. 79 seeks to amend Chapter 25, az[icle 4, division 5, section 25-4-51, of the Hawaii County Code 1983 (2005 Edition, as amended), relating to the required number of parking spaces, increasing the number of parking spaces for bed and breakfast establishments, commercial, retail and office uses, day care centers, multiple family dwellings, single-family and double-family dwellings or duplex, hotels and lodges, laundromats and cleaners, rooming and lodging houses, religious, fraternal or social order having sleeping accommodations, elementary and intermediate schools, schools (high, vocational, language, business, technical & trade, college), sports arenas, theatres, auditoriums and assembly halls. Bill No. 79 also seeks to amend Chapter 25, article 4, division 5, section 25-4-52, of the Hawaii County Code 1983 (2005 Edition, as amended), relating to the method of determining the number of pazking spaces, by adding an exception that for multiple-family dwellings it shall all be standard-sized parking spaces. At the April 3, 2007 Planning Committee meeting, Ms. Ford stated that she had received numerous calls from constituents expressing concern about inadequate parking in Kona and that her reasoning in increasing the number of parking spaces as outlined in the proposed ordinance is that the current code requirements are not able to support current parking needs. Council Member Bob Jacobson stated he feels the proposed bill is reasonable and sensible and that it would bring the best quality of experience not only for visitors, but for the people that live here and he would like to see semi-pervious parking services included. Planning Director Yuen noted that his research revealed that semi-pervious parking was generally more suitable for overflow parking rather than everyday parking situations and noted that he also believed a provision exists that requires parking to be paved and would check into it. PC Report No. 28 Communication 267 Bi1179 Page 2 of 4 Council Member Donald Ikeda expressed concern of a conflict of interest because he owns a commercial business in Hilo and will have to rebuild one of his warehouses that was destroyed by fire and if the law changed (increasing the number of required parking spaces), then it would apply to him. Mr. Ikeda believed if that happened, it would be a "takings" and that is the reason why he questions whether or not he could vote on this issue. Committee Chair Pilago stated he did not see a conflict as this proposed ordinance relates to new establishments and therefore will accept Mr. Ikeda's vote on the bill. Council Member Yagong noted he would support the proposal at this time and research the matter further before the next meeting. Council Member Yoshimoto stated his preference would be to postpone this matter to the next committee meeting to allow time to look into the matter. Council Member Jacobson stated he personally favored voting at this time. A motion to postpone this matter to the April 17, 2007 Planning Committee meeting was approved. At the April 17, 2007 meeting, James Weatherford presented public comment at the Hilo Council Chambers. No oral public testimonies were presented at the Kona and Waimea Council offices. Council Member Brenda Ford explained the reason for Communication No. 267.1 was that she had requested 2-1/2 pazking spaces for asingle-family dwelling, however, that was not her intention and makes note of that amendment in Communication No. 267.1. Council Member Donald Ikeda stated he was instructed to advise the Council of his substantial interest in business property which he was informed may constitute a conflict of interest. County Clerk Jarman noted that pursuant to Rule 13, once Mr. Ikeda disclosed his interest he then refrains from deliberating on the matter and be excused from voting. However, the Clerk noted that if the council wanted to hear Mr. Ikeda's thoughts on the matter since he is affected by the measure, the Council could vote to suspended the rules and allow Mr. Ikeda to participate in discussions but excuse himself from voting. A motion to suspend the rules received the required 2/3rds vote with seven (7) ayes. Council Member Ikeda noted great concerns about the bill because he said it affects a lot of businesses. Council Member Brenda Ford, explained that she introduced the measure because there exists a serious lack of adequate pazking in West Hawaii as the result of businesses being developed without adequate parking. She said it results in overflow parking into the streets or into someone else's parking lot and causes great difficulty for pedestrians. She stated that inadequate parking is a detriment to the community. Council Member Ikeda stated he sees this as a problem affecting West Hawaii and not necessarily East Hawaii. On the contrary, he noted that there are not enough businesses in East Hawaii and in fact Hilo is trying to create more businesses. Mr. Ikeda's concern is that increasing parking requirements from 100 square feet of parking to 300 square feet is excessive. He noted that when he constructed his office building he provided double the amount of parking PC Report No. 28 Communication 267 Bi1179 Page 3 of 4 that was required. His building has since been destroyed by fire and, should a bill such as this pass, it would economically be impossible to provide the required number of parking spaces. Council Member Higa expressed interest in how Ms. Ford developed her formula to determine which establishments needed changes to its parking requirements. Ms. Ford stated she chose establishments which she was aware that problems existed in West Hawaii or areas that constituents have expressed concerns about. Planning Director Yuen himself disclosed that he owns two office units in the Hilo Lagoon Center and that if this bill passes in its current form, establishments that had adequate number of parking at the time of approval but are inadequate in terms of current code requirements, now become non-conforming buildings. Mr. Yuen suspects that the Hilo Lagoon Center is a non- conforming building which if destroyed, has to be rebuilt to conform to the current code. Mr. Yuen stressed that parking is very important because it consumes the bulk of a commercial or multi-family establishment and that 2/3`~ to 3/4~ of the site is devoted to parking. In other words he said, a typical building could not be rebuilt to current code unless it had already provided more pazking than was initially required when first built. Mr. Yuen stated that special grandfather provisions allowing for reconstruction without meeting the current parking requirements is one possible solution, however this issue would arise frequently and create insurance issues, especially for condominium units. Mr. Yuen stated that should the council move this forward, as with other bills that affect the zoning code, this matter would go before the Planning Department and Planning Commission for a more thorough review and comment. , Council Member Jacobson's concern is that inadequate parking also exists in Hilo and in fact is an island-wide problem and looks forward to receiving recommendations from the Planning Commission. Council Chair Hoffmann stated he definitely supports the proposed ordinance pazticularly because there is probably a substantial amount of research that could be done to make the numbers conform under situations on the Big Island as well as under national standards. Mr. Hoffmann stated that the parking situation is certainly bad and warrants addressing and believes this kind of initiative is necessary as a general guideline for the entire island. Council Member Ikeda explained that his 4,000 square foot building currently has 20 parking stalls and if this measure is approved he will be required to provide 40 parking stalls which would impose a great burden upon him. Council Member Naeole noted that the proposal will also affect Malama Market and the entire area because currently, five more businesses are being built in addition to the fifteen stores that already exist. Ms. Naeole explained that things are getting pretty tight and that besides Pahoa town, the Malama Market area is the only place to shop in Puna and therefore this proposal would impact businesses there. Director Yuen clarified that with regard to an existing building, if that building is destroyed, unless a special provision exists at the time the building is reconstructed, the number of pazking PC Report No. 28 Communication 267 Bi1179 Page 4 of 4 spaces would have to increase and in many cases, would result in decreasing either the square footage in a commercial building or the number of units allowed in a condominium. Ms. Ford expressly noted that the proposed ordinance does not impact existing buildings, and that her intention in proposing the bill is to prevent new developments from creating a detriment to the community. She stated that if the measure passes, she would like to have it sent to the Planning Commission for review as she believes more public input is very important. Council Chair Hoffmann clarified that once a proposed zoning change comes back, since it was voted out of committee and went to council, there is nothing that would prohibit the council at that time, if the council felt it necessary, to send it back to committee, which is the proper path to take. County Clerk Jarman noted this is particularly true because there exists an interpretation that council means the council and not the committee. Therefore, this bill should go to council after it comes back from the Planning Commission. Your Committee on Planning is in accord with the purpose and intent of Bill No. 79, as amended to Draft 2, and commits to the Planning Commission and Planning Department for review and recommendation to the full council. and nrES NOES A&E Ex Respectfully submitted, FORD X HIGH X COMIvIITTEE O~N PLANNING HOFFMANN X C ~j JACOBSON X NAEOLE X K. ANGEL PILA ,CHAIR PILAGO X YAGONG X PC REPORT NO. 28 YoslmvloTO x ADOPTED: NOV 0- 1 1~6~