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HomeMy WebLinkAboutREP PC 071 02/20/2008 2006-2008 REPORT OF THE COMMITTEE ON PLANNING DATE: February 20, 2008 Re: Comm. 1002Bi11239 PLACE: Sheraton Keauhou Bay Resort and Spa 78-128 Ehukai Street Kailua-Kona, Hawaii TIME: 2:00 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill 239, reports as follows: Bill 239, transmitted via Communication 1002 from Mayor Harry Kim, dated February 1, 2008, presents a Change of Zone Request by JIN SOO and RAN HUI IIDA, at Waiakea Homestead House Lots, South Hilo, Hawaii, TMK: 2-2-40:121. Bill 239 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 Neighborhood Commercial 20,000 square feet (CN-20) at Waiakea, South Hilo, Hawaii. Communication 1002 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 December 7, 2007. The Commission did not concur with the Planning Director's reasons for recommending an unfavorable consideration of the change of zone. Communication 1002 transmits the Planning Commission's findings and favorable recommendation: 1. The subject property is located along the west side of Kilauea Avenue, approximately 420 feet south of the Kilauea Avenue-Puainako Street intersection, Waiakea Homestead House Lots, South Hilo, Hawaii. 2. Applicants are requesting a change of zone from Single Family Residential - 10,000 square feet (RS-10) to Neighborhood Commercial - 20,000 square feet (CN-20), for a parcel of land consisting of approximately 23,559 square feet. 3. Applicants are proposing to convert an existing 768 square-foot, 1-bedroom/1-bathroom dwelling into a beauty salon and relocate their business, Lani's Beauty Salon, currently located at the Puainako Town Center, to this new location. 4. The estimated cost of the project renovation would be $30,000 and would include four (4) sitting chairs in the living room, converting the bedroom into a waxing room, and providing four (4) parking stalls. PC Report No. 71 t.'ommmllcatlOn 1002 Bi11239 Page 2 of 3 5. Existing access to the property is from Kilauea Avenue, which has a 30-foot wide pavement within a 60-foot wide right-of--way. The City of Hilo Zone Map notes Kilauea Avenue is proposed to be increased to a 80-foot wide right-of--way. 6. County water is available to the property and the dwellings currently utilize an existing cesspool. All other essential utilities are available to the property. Fire services are available from the Hilo Central Fire Station on Kinoole Street or the 24-hour substation at Waiakea. The Hilo Medical Center is located approximately 4 miles from the property. The Planning Commission voted to send a favorable recommendation of the proposed change of zone, contrary to the Planning Director's unfavorable recommendation. After cazeful consideration, the Commission's position was that the General Plan itself states that the LUPAG map is not intended to draw hard, lot-specific lines. Therefore, although the subject property is within the Low Density Urban area, it is located directly across the street on the margin to the Medium Density Urban designated area. The Commission felt that these are the kinds of lots that should be eligible for legislative zoning discretion. The Planning Director however, recommended unfavorably on this request primarily because the proposed change of zone does not conform to the General Plan LUPAG Map and is not consistent with the Land Use -Commercial Development goals and policies that encourage concentration of commercial uses within and surrounding a central core area. The Director notes the proposed request failed to address fundamental problems associated with development of commercial property in this particular area. The Planning Director also noted the project would be better located within the established commercial area of the Puainako Town Center, located within close proximity to the property, rather than spreading into residential neighborhoods not planned for such commercial uses. The Planning Director also notes the following: The application incorrectly states that the General Plan LUPAG designation for the property is Medium Density Urban. Boundaries of the LUPAG map were not meant to be exact and are broad-brush boundaries, however exceptions to that concept are when boundary lines run along identifiable streets or when properties were originally placed on the LUPAG map by specific metes-and-bounds interim amendments. • The Director noted that an alternative to the zone change would be if the beauty salon operator lived in the home, the business could operate under a "home occupation" that allows for a maximum of one employee, in addition to the occupants of the home. At the February 20, 2008 meeting, applicants were present and gave a brief description of their proposal. Council Member J Yoshimoto noted the differing opinions of the Planning Commission's favorable and the Planning Director's unfavorable recommendations. Council Member Yoshimoto also noted that within the area of the proposed project there are in fact PC Report No. 71 Communication 1002 Bill 239 Page 3 of 3 several other businesses operating within that particular residential area. Mr. Yoshimoto said he also believes the proposed use is consistent as the Planning Commission stated, and that because other businesses already exist in the area, he found applicants' proposal to be consistent. Council Member Yagong noted his support of the application and did not feel there would be any adverse impacts as the result of the proposed change of zone, especially considering the nature of the business applicants are proposing. Mr. Yagong noted his concuttence with Mr. Yoshimoto and expressed support for small businesses. Council Chair Hoffmann expressed that Planning Director's concern is well taken and inquired whether it would be more favorable if certain prohibitions were indicated within the ordinance. Director Yuen stated that under the proposed rezoning there remains the possibility for development of a multi-unit structure and that certain restrictions, if included in the ordinance, would be an improvement to what's being presented. Council Member Ford noted the more appropriate method would have been a LUPAG map change. Council Member Jacobson was inclined to favor the proposed application but expressed his concern regarding traffic, particularly because of the close proximity of Kai Store and the Recycling and Won Ton Chip establishments. Mr. Jacobson felt a provision prohibiting left turns in or out of the property should be included. Director Yuen noted that left turns are in fact permitted because middle turn lanes already exist. Planning Committee Chair noted his support and accepted the suggestion of Council Chair Hoffmann to follow-up and discuss with Planning Director Yuen regarding certain prohibited uses. Your Committee on Planning is in accord with the purpose and intent of Bi11239 and recommends it pass first reading. and AYES NOES A&E EX RCSpeCtfiilly SU1)IUltteCl, FORD X HIGA X COMMITTEE ON PLANNING HOFFMANN X /O ~ II~DA X JACOBSON X NAEOLE X K. GEL PIL ,CHAIR PII,AGO X YAGONG X PC REPORT NO. 71 YOSftIl1iOT0 X ADOPTED: MAR ~ Z ZOOA