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HomeMy WebLinkAboutCOM 0795.001 1996-1998 yMiv,os a~ Virginia Goldstein Director Stephen K. Yamashiro mayor Russell Kokubun Deputy Direcmr A ~T[ Yi (gaunfg of panfunii PLANNING DEPARTMENT 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 (808) 961-8288 • Fax (808) 961-8742 J May 1, 1998 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 97-17) Applicant: James McCully Request: ML-20 to MCX-20 Tax Mao Key; 1-6-3:portion of 5 Attached for your information are the Planning Commission Minutes of January 16, 1998 and March 20, 1998, regarding James McCully's Change of Zone Application. Should you have any questions, please contact the Planning Department. Sincerely, irginia Goldstein, Director Planning Department ~;O=L ua 73 q .0 . iRie Pfc. ZNP.a_ Pr ls,=;a9d Nef. 2nt_ . _ - MAY i998 PLANNING COMMISSION COUNTY OF HAWAII MINUTES January 16, 1998 The Planning Commission met in regular session at 9:37 a.m. in the Hilo Lagoon Centre, Conference Room #145, 101 Aupuni Street, Hilo, Hawaii, with Chairman Kevin M. Balog presiding. PRESENT: Kevin M. Balog Richard Baker, Jr. (left at 12:05 p.m.) Geraldine Giffin Mary Katayama (left at 7:34 p.m.) Lin McIntosh Mildred Mosher James Souza Leonard Tanaka (left at 7:10 p.m.) Virginia Goldstein, Planning Director Norman Hayashi, Program Planning Manager (left at 4:30 p.m.) Alice Kawaha, Staff Planner Phyllis Fujimoto, Staff Planner Susan Gagorik, Staff Planner (left at 4:30 p.m.) Fred Giannini, Deputy Corporation Counsel Casey Yanagihara representing Donna Kiyosaki, Department of Public Works Keith Okamoto representing Milton Pavao, Department of Water Supply (left at 12:05 p.m.) Bill Atkins representing Milton Pavao, Department of Water Supply (from 1:56 p.m.) The Chair introduced the Commissioners and staff to members of the public. Bishop Reef Tauati gave the blessings to the Commission. RECESSED At 9:42 a.m., it was moved by Commissioner McIntosh and seconded by Commissioner Mosher that the meeting be recessed at this time to review Corporation Counsel's January 13, 1998 opinion. Motion was unanimously carried by a voice vote of all Commissioners in attendance. RECONVENED The meeting reconvened at 9:47 a.m. ADMINISTRATIVE The Commission took up the following under administrative MATTEB matter: It was moved by Commissioner McIntosh and seconded by Commissioner Katayama that the public hearing be continued. Motion was unanimously carried by a voice vote of all Commissioners in attendance. CHANGE OF ZONE The Commission took this item up at 4:33 p.m. with JAMES M . Y approximately 7 people from the public in attendance. KEAAU, PUNA APPLICANT: JAMES MCCULLY - Application for a Change of Zone by changing the district classification from Limited Industrial (ML-20) to Industrial-Commercial Mixed (MCX-20) for approximately 14.234 acres of land. The property is located approximately one mile east of the Keaau Town Center at the end of Milo Street, in the vicinity of the former Puna Sugar Company Mill site at Keaau, Puna, Hawaii, TMK: 1-6-3:5. Ms. Gagorik oriented the Commission and public of the subject and surrounding properties on the presentation map, summarized the request, and noted the Planning Director's denial recommendation. The applicant, James McCully, and his representative, Sidney Fuke, were in attendance. Mr. Fuke gave some background information, noting the applicant would have requested MCX zoning if it existed at the time they applied for a rezoning last year. He distributed a colored copy of the existing General Plan LUPAG Map for the City of Hilo and Keaau areas, noting the areas zoned industrial, and, also, an excerpt from the County General Plan regarding rural and urban designations, noting that the designations correspond to the kinds of uses that could be considered with the GP designations for high, medium, and low density areas. He questioned if the MCX zoning is not allowed in this area where it says on the General Plan it can be considered, then where can it be considered in the town of Keaau based on the existing General Plan? He stressed that they were requesting industrial zoning, not commercial zoning, categorized by the letter "M." Mr. Fuke said the issues they have to look at is that if it is consistent with the General Plan in terms of where growth should be directed to and then how would the growth match up with the policies of impact to infrastructure and surrounding areas. Regarding the infrastructure, he said the Keaau Bypass road will be a reality in two or less years and the impacts would be the same whether it is MCX or ML zoning, referring to the traffic study recommending installation of ducts, and installing the traffic lights when warrants (number of accidents or volume of traffic) justify it. Regarding the impacts to surrounding area, he said it would be positive and referred to the settlement agreement with Helco and the petition in support of the application from the camp residents submitted into the record. Regarding the impact to the Keaau commercial core, he noted that what was being proposed was an industrial rezoning request and even if it were for commercial uses, the General Plan talks about providing -12- U alternative areas so people can have choices. He said if there were significant impacts, a large group of people would be coming out today testifying they do not want this project. Mr. Fuke then stated he has prepared proposed findings and conditions if the Commission looks favorably on the request. Director Goldstein agreed with Mr. Fuke that the project is not inconsistent with the General Plan; nevertheless, that is looking at it in a particular perspective. She said the other perspective to look at is where the overall town core might be located so that the commercial uses are focused in that area, noting the ML zoning districts also allow for some amount of commercial kinds of uses. In response to Chairman Balog's inquiry, Director Goldstein said that the Planning Department was looking at urban expansion more on the mauka side of the highway, and one thing to consider is allowing access for this development would defeat the whole purpose of a bypass highway. There was some discussion on the allowable uses within the ML and MCX zoning districts. Mr. Fuke noted that the General Plan Long Range Plan shows residential uses all the way up to the bypass. He questioned wouldn't the Commission want to have the lightest of industrial uses closest to the residential area? David Taylor, President of the Puna Community Council and Puna Traffic Safety Council who submitted written testimonies into the record, stated that they opposed most vehemently the proposed change that would negatively impact the flow of traffic along the bypass road, noting that the proposed rezoning could allow a K-Mart, etc. that would draw tremendous traffic to the area. He said he did not know how anyone could make an educated determination of what the traffic flow will be until the elementary and high schools are in and that the commercial center has already been identified and should remain as such. He said the proposal would be inconsistent with the Puna Community Plan and it would not make good planning sense to have these two areas separated by what they see almost as a freeway that should not be crossed at all. Roy S. Blackshear of W. H. Shipman. Inc. strongly recommended denial of the application. He felt business and commercial functions should be concentrated in a central area and a bypass should be built without any traffic hindrances. Robert Saunders, president of W. H. Shipman, Inc. said there already is a large inventory of such available zoned lands in Puna, the proposal would defeat the purpose of a bypass and create a major traffic jam, and the proposal could allow a K-Mart. He noted the Commission should look at the proposal from a Puna Regional standpoint. -13- ~ tl In response to the public testimony, Mr. Fuke said that there is no question if one is looking at numbers that there are available vacant industrial and commercial lands in Keaau, noting 60 percent of commercially zoned lands in Puna are owned by Shipman; however, if the amount of developable property is a criteria to make a decision to approve or deny a request, there is no way one can justify any rezonings on this island. He pointed out the General Plan policies talk about providing opportunities in terms of location, competition and giving people an alternative. He said if the State had concerns about access points, they should have considered service roads; but the die is cast and Milo Street is an existing roadway. He said Mr. McCully proceeded with the ML and subsequently MCX rezoning because he was released from the June 20, 1996 covenants stating he would refrain from seeking any special permit for industrial or commercial uses on the property. He added there was not much concern by the State Department of Transportation because of their plans to address the traffic situation. Mr. Saunders pointed out that when the decision was made to approve of the ML zoning, he did not believe the traffic report looked at the potential for a home depot or other major traffic attractors, noting W. H. Shipman, Inc. did not have opportunity to look into that at the time the approval was given. Chairman Balog said there is no guarantee a traffic signal light will be installed by the State as they could require left- and right-turn ins, and only right-turn out, with pocket lanes to hold the traffic. Mr. Fuke reiterated that the MCX zoning was not in existence when the applicant applied for ML zoning. In response to Commissioner McIntosh's inquiry, Mr. Giannini said there has been no written order by Judge Ibarra that the new Zoning Code was adopted improperly. Chairman Balog suggested in the ten-year General Plan Review the Department look at expanding the high density area in Keaau. Director Goldstein felt the Commission should look at not only the high density area but what the General Plan suggests in terms of looking at the urban expansion area so that the overall growth should be more on the mauka side towards Kurtistown rather than the makai side of the Keaau-Pahoa Highway. Mr. Fuke disagreed with the Planning Director and said the General Plan industrial designation (gray) is appropriate for this development. Commissioner Mosher said she could not see the Commission reversing its decision a few months earlier, to which Mr. McCully said he did not view it as a reversal but a clarification of uses appropriate to the property and meeting the needs of the community. Mr. Fuke gave the analogy of one coming in for an RS-10 zoning and later coming in for an RS-15 where the basic intent is residential, and in their case it's industrial. He said the argument they were trying to make is that this form of industrial while still consistent with General Plan's overall objectives would better meet the community's needs, noting the infrastructure concerns would be addressed, no different than how the existing zoning is. -14- n In response to Director Goldstein's inquiry, Mr. McCully noted that he would like to build an in-door soccer facility, although he has no funds at present; and although he has no contracts signed, people in the community indicated their interests were more for the MCX zoning. RECESSED At 6:24 p.m., it was moved by Commissioner Tanaka and seconded by Commissioner Mosher that the meeting be recessed at this time to review Mr. Fuke's proposed approval recommendation with conditions. Motion was unanimously carried by a voice vote of all Commissioners in attendance. RECONVENED The meeting reconvened at 6:35 p.m. It was moved by Commissioner Tanaka and seconded by Commissioner McIntosh that the public hearing be closed. Motion was unanimously carried by a voice vote of all Commissioners in attendance. Commissioner Tanaka noted what touched him in the various presentations was creating opportunities for the people in the area, especially those in the 8 1/2 mile camp. He pointed out that the MCX zoning is the lighter of all industrial zoned designations, and the traffic concerns would be addressed based on the traffic impact study. It was moved by Commissioner Tanaka and seconded by Commissioner McIntosh to send a favorable recommendation to the County Council for the reasons and with the conditions recommended by Mr. Fuke, with Condition E reworded to clarify that an overall landscaping master plan for the industrial zone area should include a landscaping buffer along the perimeter of the subject property. In response to Commissioner McIntosh's inquiry, Mr. Giannini advised against imposing a maximum lot size to ensure against massive retail uses at this time as he was not certain the Code allowed it, noting he could have an opinion to give to the County Council for them to consider. Commissioner Souza felt the question was orderly growth and there were enough such zoned districts within the town of Keaau, noting the Puna people have worked hard to put in a bypass road to keep it free and clear of traffic interruptions. Commissioner Katayama said her reason for opposing the motion is because of the bypass road, noting the ML zoning does allow for a variety of uses. Commissioner Mosher stated she could not support the motion as she felt there needed to be controlled growth, the Commission should follow the master plan adopted for Keaau, and the people of Puna should be given the opportunity to use that bypass road as it was planned to be. Commissioner McIntosh said if she followed the Commission's logic now, it appeared the Planning Commission should not have allowed the ML zoning to begin with. Commissioner Tanaka said that a traffic signal will be a reality in the area and he felt there needed to be a safe ingress/egress for people wanting to get onto the Keaau-Pahoa Highway, the proposal will create opportunities for people and give them a choice, and the existing uses in the surrounding area are already mixed. Ms. Kawaha said the Condition N proposed by the applicant would not apply as the subject property is within the SLU Urban District and not within the SLU -15- ~ a Agricultural District. A roll call vote was taken and motion did not carry with four ayes (Tanaka, Giffin, McIntosh, Balog), three noes (Katayama, Mosher, and Souza), and one absent and excused (Baker). The Chair, Planning Director, and Mr. Giannini reviewed the courses of action available to the Commission. Chairman Balog felt the proposal would service the community already surrounded by mixed uses. He said he would not want, nor would the applicant, a Costco or Walmart and he did not think the proposal would take away anything from the central location of Keaau town. It was moved by Commissioner Mosher and seconded by Commissioner McIntosh that the hearing be reopened so that Commissioner Mosher could ask a question. Motion was unanimously carried by a voice vote of all Commissioners in attendance. In response to Commissioner Mosher's inquiry, Mr. McCully said his initial plan is to develop the two lots fronting Milo Street, one for himself for a small business and one he is in negotiations with a user, noting his carrying capacity right now is the Milo Street improvements. Mr. Fuke shared with the Commission a map showing the location of the bypass and access roads in close proximity to an existing community. Mr. Taylor reiterated the proposal will create a tremendous impact almost immediately and encouraged the Commission to give them a chance with the bypass. He said if ten or more years down the line when Railroad Avenue or 15th Avenue becomes an alternative route for Puna the rezoning might be appropriate then, it was moved by Commissioner Souza and seconded by Commissioner McIntosh that the public hearing be closed. Motion was unanimously carried by a voice vote of all Commissioners in attendance. It was moved by Commissioner Souza and seconded by Commissioner Mosher to send no recommendation to the County Council. A roll call vote was taken and motion did not carry with three ayes (Souza, Mosher, Katayama), four noes (Giffin, McIntosh, Tanaka, Balog),and one absent and excused (Baker). It was moved by Commissioner McIntosh and seconded by Commissioner Tanaka to continue this item to the next Hilo meeting to hopefully have nine Commissioners present. A roll call vote was taken and motion carried with six ayes (McIntosh, Tanaka, Giffin, Katayama, Mosher, Balog), one no (Souza), and one absent and excused (Baker). -16- Mr. Giannini noted that as the hearing has been closed the Commissioners would have to reopen the hearing if it wishes to take further testimony. Commissioner Tanaka was excused from the meeting at this time. SPECIAL PERMIT The Commission took this item up at 7:10 p.m. with TOYAMA QAR12ENS no one from the public in attendance. HAWAII CORP. DBA NANI MAU GARDENS WAIAKEA, SOUTH HILO APPLICANT: TOYAMA GARDENS HAWAII CORPORATION DBA NANI MAU GARDENS - Request to amend Special Permit No. 247 (Docket No. SP73-159) by deleting 30± acres of land from the 53~:L acres under this permit. The request would be in compliance with Condition Nos. 12 and 13 of said permit. The property is located in Panaewa Farm Lots at the corner of Makalika Street and Awa Street, Waiakea, South Hilo, Hawaii, TMK: 2-2-48:13. (SEE EXHIBIT F) PC RULE 15 The Commission took this item up at 7:14 p.m. with PLANNING one person from the public in attendance. COMMISSION PROJECT DISTRICTS PLANNING COMMISSION INITIATED - Continued hearing on the proposed amendment (Draft 2) to the County of Hawaii Planning Commission Rules of Practice and Procedure by the adoption of Rule No. 15 relating to Project Districts. The proposed rule is the result of the adoption of the County of Hawaii Chapter 25, Zoning Code, 1996. Ms. Kawaha noted that Councilman Curtis Tyler did not submit his written testimony and proposed on Page 3, Section 15-7(b), the deletion of the words, "Commission through the." There was no one from the public testifying on this agenda item. It was moved by Commissioner McIntosh and seconded by Commissioner Katayama that the public hearing be closed. Motion was unanimously carried by a voice vote of all Commissioners in attendance. It was moved by Commissioner McIntosh and seconded by Commissioner Katayama that the Commission adopt Rule 15, Project Districts, Draft 2, with an amendment to Page 3, deleting the words, "Commission through the" in Section 15-7(b), whereby it would read "A request -17- PLANNING COMMISSION COUNTY OF HAWAII MINUTES March 20, 1998 The Planning Commission met in regular session at 9:30 a.m. in the County Building, Councilroom - Room 201, 25 Aupuni Street, Hilo, Hawaii, with First Vice-Chairman Leonard Tanaka calling the meeting to order. PRESENT: Kevin M. Balog (From 10:05 a.m.) ABSENT: Mary Katayama Richard Baker, Jr. Geraldine Giffin Lin McIntosh Mildred Mosher James Souza Leonard Tanaka Virginia Goldstein, Planning Director Norman Hayashi, Planning Program Manager Alice Kawaha, Staff Planner Phyllis Fujimoto, Staff Planner Susan Gagorik, Staff Planner Fred Giannim, Deputy Corporation Counsel Casey Yanagihara representing Donna Kiyosaki, Department of Public Works Glenn Ahuna representing Milton Pavao, Department of Water Supply (From 11:32 a.m.) First Vice-Chairman Tanaka introduced the Commissioners and staff to members of the public. ADMINISTRATIVE The following were discussed under administrative matters: MATTERS Thomas J. Petersen's February 9 1998 Correspondence regarding Use Permit No. 65 granted to Tenri o Kakako Kyokai Church - Ms. Kawaha gave a chronology of the permit, noting that the applicant has not complied with Condition 8 that the driveway access on Iiwipolena Road be closed and access be taken from Hokulani Street should the Planning Director determine that it negatively impacts the community. George Yokoyama, executive director of the Hawaii County Economic Opportunity Council and honorary member of the church in existence for over 80 years, stated that the church uses do not negatively impact the community, noting there are only 13 vehicles on the first Monday of the month and for their grand opening there were 17. Walter Ah Hee said the Planning Director did not make a site inspection before making her determination and that it would not be feasible to use Hokulam Street as an entrance because of the existing hill and rocky condition. In response to Bonnie First Vice-Chairman Tanaka suggested Mr. Wurdeman's presence at the continued hearing. The meeting was turned over to Chairman Balog at this time. Ms. Mann suggested the B&B issue be handled under the home occupation declaration which would not go to the Commission. Mr. Giannini said the problem with home occupation is that it is supposed to be limited to things such as there will not be an increase in traffic or impact on the community. In response to Ms. Mann's comment that there was a court case that said a B&B establishment did not cause an increase in traffic, Mr. Giannini said he did not think it could be taken as a precedent and he thought the case was that there was no evidence on the record that there would be a traffic impact, noting in another court case the record showed there would be a traffic impact. RECESSED At 12:55 p.m., it was moved by Commissioner McIntosh and seconded by Commissioner Tanaka that the meeting be recessed at this time. Motion was unanimously carried by a voice vote of all Commissioners in attendance. RECONVENED The meeting reconvened at 2:22 p.m. CHANGE OF ZONE The Commission took this item up at 2:22 p.m. with JAMES MCCULLY approximately 18 people from the public in attendance. KEAAU, PUNA APPLICANT: JAMES MCCULLY - Continuation of the application for a Change of Zone by changing the district classification from Limited Industrial (ML-20) to Industrial-Commercial Mixed (MCX-20) for approximately 14.234 acres of land. The property is located approximately one mile east of the Keaau Town Center at the end of Milo Street, in the vicinity of the former Puna Sugar Company Mill site at Keaau, Puna, Hawaii, TMK: 1-6-3:5. Commissioner Souza rose to a point of order that a motion to defer or continue must be made before a final vote to approve or deny an application is taken, noting the Commission continued this item until today's meeting to hopefully have nine Commissioners present. Mr. Giannini explained that where the Commission's role is quasi-adjudicatory in manner or is a permitting agency, the practice has been if the Commission is unable to get five votes the action of the Commission was considered a denial; however, in the case of rezonings where the Commission's role is advisory, the practice has been to continue until the Commission could get a majority to make a recommendation to the County Council. Commissioner Souza recommended the Commission discuss this matter further under administrative matters. Commissioner Tanaka commented that the County Council is looking to the Commission to make a recommendation, as evidenced today where there are two rezoning applications which the County Council have sent back to the Planning Commission for review and -11- recommendation; and he noted that he felt it would be in the best interest of the applicant to get a majority vote either way, although he would agree perhaps after two months the Commission should move on if a decision cannot be made. Commissioner McIntosh agreed with Commissioner Souza that Mr. Giannini be instructed to do further research on the question of whether or not a motion to defer or continue can or cannot be made after any other motions have been voted upon. Based upon the fact that the Commission did receive Sure Save's March 19, 1998, written testimony and to give the applicant an opportunity to comment on it, it was moved by Commissioner McIntosh and seconded by Commissioner Tanaka that the public hearing be reopened. Motion was unanimously carried by a voice vote of all Commissioners in attendance. RECESSED At 2:41 p.m., it was moved by Commissioner Tanaka and seconded by Commissioner McIntosh that the meeting be recessed at this time to allow parties to review the written testimonies from Sure Save Supermarket and the State Department of Transportation. Motion was unanimously carried by a voice vote of all Commissioners in attendance. RECONVENED The meeting reconvened at 2:46 p.m. The applicant, James McCully, and his representative, Sidney Fuke, were in attendance. Mr. Fuke apologized to the Commission for his inadvertent error in listing the January 13, 1998 recommendation as that of the Planning Director and then distributed to the Commission an amended recommendation, along with a smaller version of the location map posted on the bulletin board. He highlighted the basic issues raised by Sure Save Supermarkets, the State Department of Transportation and the Planning Director. On the issue regarding the overall land use standpoint, Mr. Fuke said the subject property is in conformity with the General Plan as it designates the area industrial, the only zoning categories that could be considered under the General Plan industrial categories were light industrial, heavy industrial, and mixed-commercial industrial, and they could not be faulted if the Zoning Code allows for commercial uses under the MCX zoning. He distributed several letters of support from people and businesses in the surrounding area. He pointed out that if there are recommendations for denial, it was almost always on whether it conformed with the General Plan and whether the infrastructure was adequate, not because there were "x" acres of already zoned lands, noting the infrastructure concerns have been addressed. On the issue of the traffic, Mr. Fuke summarized their traffic report. He explained that the plans right now include installing underground conduits for eventual installation of traffic signal lights when the schools come on line. He said the impact from their development will be minimal inasmuch as an intersection with proper synchronization is already planned for the -12- area by the State, noting the State earlier contemplated an overpass for this area to accommodate pedestrian safety but found it too expensive and found that a traffic signal light would be more heavily used. He said that the 8 1/2 mile camp residents were in support of their application as it will provide a safe ingress/egress for their area. Mr. Fuke then summarized his amended approval recommendation he distributed to the Commission, noting they will comply with the Land Use Commission boundary amendment process, provide a landscaping buffer, and fund and/or construct conduits for the traffic lights at the Milo Street intersection, as well as pay their fair share for the traffic signal system in the area. He said the bypass would have to completely skirt the town to maintain its integrity. Filomena Sumarnap representing the 8 1/2 Mile Camp Association read and submitted written testimony into the record in strong support of the application. Carl Okuyama representing Sure Save Supermarkets read and submitted written testimony into the record opposing the application. He clarified that they do not oppose business developments but would like to see developments done within the town core and so that the bypass will remain a bypass. He pointed out that recently established businesses in the area were unaware of this change of zone application. Warren Yamamoto, traffic engineer with M&E Pacific, said the bypass is expected to be in place in 1999; and regardless of what zoning is allowed for the subject property, a traffic signal will be required by the year 2000 because of the projected school enrollment in the area. In response to Commissioner Souza's inquiry, Ms. Gagorik said the Planning Department has continued to emphasize that commercial developments should be maintained in the Keaau town area or in the State Land Use Urban designation and the Department's position has been if the County were to allow commercial developments in the area it opens the door for a lot more expansion in this area which is still under State Land Use Agricultural designation. Director Goldstein noted that she does recognize that the MCX designation allows for commercial and industrial uses. In response to Commissioner McIntosh's inquiry, Ms. Gagorik said that traffic is also an issue in land use planning. She pointed out that with commercial zoning there is a higher density in terms of uses which impacts the whole traffic pattern for the area, noting that in the past the area was mainly used for agriculture and the roads were canehaul roads. Commissioner Tanaka said if the Planning Department is saying all developments Hilo side of the bypass road should be strictly industrial and Volcano side should be commercial perhaps the Department needed to look at where does the MCX fit in, otherwise there should not be the MCX zoning at all. He said the difference of allowable uses in the MCX and ML zonings were minimal, traffic signalization will be required whether or not this property is developed, and any traffic impact is more than satisfactorily addressed by the applicant's proposal. He -13- Q questioned whether the Keaau core and present infrastructure is able to handle additional developments. Commissioner Giffin agreed with Commissioner Tanaka that the traffic issue has been resolved and that the bypass road is simply mislabeled. There being no further public testimonies offered on this agenda item, it was moved by Commissioner Tanaka and seconded by Commissioner McIntosh that the public hearing be closed. Motion was unanimously carried by a voice vote of all Commissioners in attendance. It was moved by Commissioner Tanaka and seconded by Commissioner Giffin to send a favorable recommendation to the County Council with conditions as recommended by the applicant's representative, with emphasis on Condition E on the landscaping buffers and Condition J on mitigation improvements on traffic, and the deletion of former Condition N regarding compliance with Chapter 205. Commissioner Souza said he did not support the motion because of the need for orderly growth, the residents in Pahoa, Kapoho, Hawaiian Paradise Park really looked forward to the bypass road which will be mislabeled if the Commission allows such a development, and that he felt commercial activity should be kept within the core of the Keaau Town Center area and away from the bypass road, noting just because a person has property right next to the bypass road does not give him the right to start development. Commissioner McIntosh felt calling the roadway a bypass road was probably a misnomer and the Commission was only talking about a change from Limited Industrial to Industrial-Commercial, not Ag to Urban, noting her feeling was that the increase in traffic was minimal and it would not happen overnight. Chairman Balog noted that traffic signalization will be required in the area whether or not the property is developed, the surrounding areas are already being developed with mixed uses, the project will service the community, and the so- called bypass road is not really a bypass road in his opinion. Commissioner Tanaka noted that perhaps the bypass road was not as such since the schools, which has a 25 mph speed limit, were planned along this route. Commissioner Mosher stated she has changed her opinion of the project since her concerns on traffic have been addressed. A roll call vote was taken and motion carried with six ayes (Tanaka, Giffin, McIntosh, Mosher, Baker and Balog), one no (Souza) and one absent and excused (Katayama). ORD. 90-144 The Commission took this item up at 3:36 p.m. with WAINAKU approximately 18 people from the public in attendance. CONGREGATION OF JEHOVAH'S WITNESSES PAUKAA, SOUTH HILO APPLICANT: WAINAKU CONGREGATION OF JEHOVAH'S WITNESSES - Request for an amendment to Condition B of Ordinance No. 90-144, which rezoned approximately 7.184 -14-