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HomeMy WebLinkAboutREP PC 004 12/17/2002 2002-2004RLPOR"h OF "I~HF: COMMI~f'fEF; ON PLANNING DATE: December 17, 2002 R1i: ('-19 /Bill No. 4 PLACE: Cbuncilroom TIM[.: 2:31 p.m. ('hair and Members Hawaii County Council Hilo. Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 4 transmitted by Mayor Harry Kim per Communication No. 19, dated November 18.2002. regarding the change of zone rcyuest by Maurice Thomas, at 'bla'a, Puna, Hawaii TMK: I-9-4: portion of 14, reports as Ibllows: Bill No. 4 amends Section 25-8 ?3 (Volcano-Mt. Vices Zone Map), Article 8, Chapter 35 (Z.oning Code) of the l lawaii County Code, by changing the district classification for approximately 1.416 acres of land from a Single Family Residential (RS-30) to a Village Commercial (CV ?0) zoned district. If this change of zone request is approved_ the commercially zoned area of the 5.44 acre parcel will be 2.858 acres. The remainder of the lot will be left in its current zoning as Single Family Residential (RS-20). l~he rectangular-shaped subject property. owned in fee by the applicant, is located in the 'Ola'a Summer Lots. along and on the northwest (mauka) side of the Old Volcano Road. On August 2d, 1988. the applicant submitted a change of zone application to rezone approximately 2.5 acres of the 5.44 acres of the subject property from RS-20 to CV-10. 'hhe applicant proposed to establish three businesses: a home and garden center, a 10-unit lodge, and an automobile repair facility. Prior to this_ the applicant had submitted a similar application Ibr 5.44 acres. which was withdrawn and resubmitted Ibr a portion of the parcel consisting of 2.5 acres. At the November 15. 1988 Planning Commission public hearing, it was recommended that the rezoning request be denied. Some concerns questioned the appropriateness ofallowing additional commercial development prior to the implementation of a community development plan and a design plan. 'hhe denial recommendation was based nn the unavailability of a County approved water system to support the proposed development. On Januan~ 1 1, 1989. the County Council agreed with the Planning Committee's report, which was not in accord with Bill No. 3 and recommended the the he closed. On July 20, 1994, the County Council adopted Resolution No. 2d7-9d establishing criteria for change of zone application, in areas not served by a County approved water system. On November 1, 1994, the applicant submitted a request to rezone 2504 acres from Single Family Residential (RS-201 to Village Commercial (CV ?0). 'I~he request generated signilicant community involvement and the Planning Commission recommended approval for l .dd2 acres of the subject parcel, which consists ofthat portion of the property with road frontage on the Old Volcano Highway. 'hhe County Council adopted Ordinance No. 95-124 on October 25. 1995 effectively rezoning l.gd2 acres of the subject property from KS-20 to CV-20. Communication No. 19 Bill No. 4 Page 2 The applicant is now proposing to construct two separate buildings on the expanded commercial acreage. One building will serve as an improved storage facility fa' building materials such as lumber and rooting. "The second building will provide a retail space from which to conduct an equipment rental business. Each building will be 50 feet wide by 150 feet long and constructed to a height not exceeding 30 feet They will he situated to the rear of and no higher than the existing structures. The buildings would have ~ proposed setback of 40 feet from the southwest (Ka'u) property line and a 60-foot setback from the northeast (Hilo) property border. A 35-foot natural landscaped buffer from the building was proposed along the rear of the requested commercial zone and between the two proposed structures. To further minimize the visual impacts from the road and surrounding properties, a band of the existing vegetation would be retained along the Ka'u edge of the property, the rear of the requested coned area, and between all existing and proposed structures. A good portion of the existing vegetation would also be retained, providing a natural visual buffer from the road and adjoining properties. Additional landscaping requirements. pursuant to the Planning Department Landscaping Rulc. to further mitigate potential ~ isual and noise impacts to adjoining properties would he complied with. 'thirty-two parking stalls and two loading zones arc also proposed. These stalls will be in addition to the 29 stalls already established for the existing commercially-zoned portion of the property under Final Plan Approval dated January 5, ?001. In order to mitigate neighborhood concerns, the applicant states there would be an RO-foot vv~idc natural butter between the existing reservoir and the proposed structure; a 20-foot natural buffer between the subject site, the adjoining property, and the rear boundary of the requested zoning area: and a 10-foot-wide natural buffer along the northeast side of the subject site. The area of the parcel that is part of this rezoning request is in a mixed designation of Love and Medium Density Urban Development Only a Medium Density Urban designation allows Ibr village commercial uses provided that all other applicable goals. policies and standards of the General Plan can be met. ~fhe remainder ofthe property that is zoned RS-20, which is not part of this request. is entirely designated as Low Density Urban Development. Retail establishments are allowed in the CV districts. It is defined as an establishment which sells commodities or goods to the consumer and may include display rooms and incidental manufacturing of goods for retail sale on premises only. "phis term does not include open storage yards for new or used building materials, yards for scrap. sah-age operations for storage or display of automobile parts. service stations. repair garages rn~ veterinar} clinics and hospitals. ~I~hc subject parcel is not located in a Special Management Area. Communication No. 19 Bill No. 4 Page 3 Based on the Volcano Vision 2020 plan. a Volcano Community Vision Plan which the County Council never adopted, the planned development needs to maintain the rural atmosphere which includes cottage industries of all kinds. I~he portion of the subject property is located in the Volcano Village with access from the Old Volcano Road. The entire property extends from the Old Volcano Road to Kilauea Road. with a distance of approximately 1.300 feet On the northwcslcrn portion of the property arc two single- family dwellings, which have frontage on Kilauea Road. The existingcommerically-zoned portion of the property consists of 1.442 acres and fronts the Old Volcano Road. Development on the commercially-zoned portion consists of two-slot} commercial retail structures including a hardware store. restaurant and laundromat, a parking area. and a 300,000-gallon resa~voir. 'I~hc portion of the property that is the suhject of this rezoning request is L416 acres to the northwest of the existing commercially-zoned portion and is currently undeveloped. fhe Land Study Bureau's Detailed Land Classification System is "D" or "poor". The Soil Conservation Service Soil Survey Report determines the soil to be of the Puhimau Series, shallow well-drained silt loans that formed in volcanic ash and pumice over pahoehoe, with rapid permeability, slow runoff and moderate erosion hazard. The AI,ISI I designation is Prime Agricultural Lands. It is not anticipated that there are any rare or endangered species present on the suhject property. Since no archeological survey has been conducted on the subject property, it is reconuncnded that guidelines he established for the preservation of am' historic sites. should they be uncovered. The applicant has stated that the suhject property has not been used for die gathering of plants by native Hawaiians. The subject property is located in 7.onc °X", an area determined to he outside the 500-year floodplain. It lies in Lava I~ low E lazard lone 3. Access to the subject property will be from the Old Volcano Highway through the portion of the property that is already commercially zoned. Water is available through a catchment system as allowed by Resolution No. 247-9d. which was adopted by the County Council on .luly 20, 1994 to estahlish criteria fair processing zoning requests in Urban designated areas without the necessary infrastructure for water. A septic tank system will he installed as part of the proposed development. All other utilities and services are or will be available to the subject property'. Communication No. 19 Bill No. 4 Page 4 At today's meeting, eleven people testified against this measure, seven people i~avored the development, and one asked Your Committee to make the right decision. Committee Member Robert .facobson stated that he does not fiwor this project because the impact is too big. fie said the zoning goes too deep into the lot. and after reviewing the former zoning request back in 1988 and 1995, he feels it will atiect the economics of the village, and the ambience of the village will suffer. He prefers smaller development of the property. Committee Member Leningrad Elarionoff stated that since some committee members arc not familiar with the location of this project site, and because three committee members arc not present today. he would like to deter this measure. Ile noted that this measure should be debated upon with all members present in Committee, instead of~at the Council level. I Ie further explained that Your Committee should vote on the measure when they "know what is the right thing to do'~. Committee Member .lames Arakaki stated that the Planning Commission lavors the project. Il~he were selfish, he "would let the people come to Hilo and Kcaau:' but he has seen mane small towns on the mainland which remind him "of Volcano, where they have everything in the small stores." So he would like to go with Mr. Elarionoff"to check out the property." He is in favor of moving this measure up for the sake of the people. Discussion ensued on whether to deter the measure or not. The majority of the committee preferred to have the measure advance forward. Committee Member Aaron Chung compared this measure to a similar situation in his district where the County wanted [o build a parking lot in Keaukaha in a lorested area, and some residents opposed it, so the community was divided. "Ultimately, all of them found a common thread which was to retain the character of the community.' So he suggested that perhaps a public heating could be held to openly discuss this measure, but he was afraid it may stir more "bad feelings", so it was not discussed further. He mentioned that the disagreements in Ore Volcano community ha~c been going on for some time, and he is concerned about the "health of the community". He then stated that if the Volcano residents say they can work it out, he would support the deferral, if not, then it would be better to proceed forward. Committee Member Fred Holschuh stated that he agreed with Mr. I[Iarionolt~that the site visits should be done, and because three members were not present today to vote on this matter. they should deferthis measure. Sideny Fuke, representative for the Applicant. agreed with Mr. Holschuh. and explained further that the Vision 2020 plan has no legitimacy, that the General Plan is the document which is referred to. Fie also explained a bit ofthc history stemming ti-om the original denial due to no Communication No. 19 Bill No. 4 Page 5 water availability, to the public's misconception that this prgject will be a lumberyard. Ile explained that the "True Value store grew out of size' so the applicant now needs to enlarge his operation to construct storage and house his rental equipment. 1?verything would be stored indoors, and much of the site would not he visible because of the landscaping. The motion to defer was not approved. Your Committee did not entertain further discussion on this measure. Your Committee concurs with the Planning Commission and the Planning Director tin' recommending a favorable consideration for the change of zone request. "fhe change nt zone request will be consistent with the surrounding land use pattern already established within the Volcano area, and will not adversely affect similar or related existing uses within the surrounding area, community or region with mitigative measures in place. At today~s meeting, this measure received three aye votes and three no votes. Because Council rules dictate that five votes arc needed to pass a measure. Ynur Committee will be submitting an unfavorable recommendation to the Council based on the votes reflected below. Your Committee on Planning forwards Bill No. 4 to the Council with a negative recommendation. nn~s Nor, n ~ r: r:x Lfal'HILAD=rUDD X ~rvi,eR x ARAKAKI X CI IUNCi X P:LARIONUFP X HOISCIIUII X .IACOBtiON X RI~.YNOLDti X SAPARIK Respectfully submiUed COMMI"rTF:r.ON PLANNING BOBBY Jt:AN LI~.I IHF:AD-TODD. CHAIR PC RI:POK~I NO. d AUUP'TP.U: