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Home My WebLink AboutREP PC 044 06/17/2003 2002-2004KIiPORT OF THI? COMMfTTFF.ON PLANNfNG DA'FF.: June 17.2003 PI.ACI?: Councilroom I~IMI;: 1:05 p.m. Chair and Members I Iawaii County Council Ililo. Hawaii 96720 RF{: C`-114/Bill No. 47 Your Committee on Planning. to which was refcrrcd Bill No. 47, transmitted by Council Member Bobby Jean Leithcad-Todd per Communication No. 1 14, dated January 23, 2003, regarding an amendment to Chapter 25 Toning ('ode), reports as follows: Bill No. d7 amends Chapter 25 ('/.oning Code) of the Hawaii County Code 1983 (1995 edition) relating to the permitted uses in the Industrial Commercial Mixed Use (MCX) District. Bill No. 47 was first agendized on February 4. 2003 and Your Chair explained to the Planning Committee that when the Toning Code was ratified in 1996 it became apparent that some sections needed to he amended, but because it was a ratification process, no amendments were allowed. Novo that time has passed. and we have encountered different scenarios_ we are finding that some sections need to be amended. Your Committee amended Bill No. ~7 by adding some other permitted uses found in the General Commercial (C(i) district to the MCX district. Bill No. 47, Draft 2 was then refcrrcd to the Planning Commission for their review and comments as required by the Coning Code. 'I~hc additional permitted uses to the MCk zoning which were recommended by Your Committee arc: • Adult day care centers • Arl StUd10$ • Cab$rl'IS • Crop production • Display rooms for products sold elsewhere • I~:quipmcnt sales and rental yards • Farmers markets • I Iome care • Ice storage and dispensing facilities • Laundries • Model homes • Mortuaries • Personal services • Schools Discussion at the same Planning Committee meeting raised the question of why bakeries are listed in the ML and MG districts. but not in the CG district or other commercial districts. J~hc County Code does not provide a definition lirr bakeries: however, in the CG and MCX district °retail cstablishments° arc listed as a permitted use. which would allow bakeries. "Retail establishments' Conurunication 114 Rill ~}7 Pa~~c 2 ~ b are not a permitted use in the MI, district, unless retail sales are incidental and subordinate to any permitted uses. A possible reason for listing bakeries in the ML district is to distinguish a small retail bakery from a manufacturing and wholesale bakery operation. Rill No. 47, Draft 3 was received from the Planuiug Commission by Your Committee via a transmittal trom Mayor Hurry Kim dated May 19.2003. At the May 8.2003 public hearing. the Planning Conunission recommended that • adult day sire centers • cmp production • home care • schools not be included as permitted uses For the MCX district. because they involve the care of elderly. disabled, home care or school-age children, and should not be situated immediately adjacent to or within the industrial district. The Planning Director also recommends that day care centers be deleted fi~om the list of permitted uses within the MCX district. hhe Planning Director provided the following rationale for not permitting the aibrementioned uses. When the Counq~ Y.oning Code was amended in 1996, the MCX district was added as a new zoning district. The purpose of the MCX (industrial-commercial mixed use) district is to allow mixing of some industrial uses with commercial uses. The intent of the MCX district is to provide for areas of divcrsiticd businesses tmd employment opportunities by permitting a broad range of uses. without exposing non-industrial uses to unsafe and unhealthy environments. 'hhis district is intended to promote and maintain a viable mix of light industrial and commercial uses. ~I~hc Planning Commission also reminds us "that the underlying General Plan designation for MCX is Industrial or Urban F.xpmrsion. ,Uthough the Urban lixpansion designation is a mixed use designation which allows for a variety of uses, the Industrial designation has limited uses. Zoning designations allowable in the General Plan Industrial designation include (icneral Industrial (MG) - being the most ottcnsive and noxious uses. Limited Industrial (ML) and Mixed Commercial- Industrial (MCX) being the least offensive. n General Plan Industrial designation implies manufacturing. processing. wholesaling, large storage and transportation facilities, power plants and government baseyards~. among others. Uses may not necessarih he located all in one area. but a large majority of our existing MG lands are adjacent to or in the vicinity of existing MI, lands. Further. although some of the MCX zoned lands, arc a result of rezoning h~om other designations. a good number arc from existing Ml, zoned lands. This is a result of developers recognizing the advantages and the flexibility of the MCX zoning Deer the ML zoning. We have also seen existing ML zonal lands making the transition to commercial uses on their own without actual zone changes... hhe removal of crop production as a permitted use is based on the rationale that the industrial zoned lands should he reserved for the manufacturing and processing aspect of production or the more intensive or offensive industrial uses and not for the agricultural aspect or growing of crops. Industrial uses may have some adverse impact on the em~ironment needed for growing crops. Communication 114 Liill 47 Page 3 nt today"s meeting, Committee Member Curtis Tyler posed the following questions: I. What does "personal services' include. ?. Why don't the laundries also reference the "nonflammable hydrocarbons in sealed units" like the cleaning plants? 3. What do the equipment sales and rental yards include? q. Ifthe schools are deleted from the list. why arc schools referred to as items 46 (schools, business), 47 (schools. photography, art, music and dance) and 48 (schools, voaitional) still being included'? Your Committee did not entertain further discussion on this measure. Your Committee concurs ~~°ith the Planning (bmmission and the Planning Director Ibr recommending a favorable consideration for the amendment to the Zoning Code. Although Bill No. -}7 amends the list of permitted uses for the MCX district, and "developers are recognizing the advantages and flexibility of the MCX zoning, the determination of what is appropriate for the MCX zoning still requires some review. Yow~ Committee also agrees with the Planning Department that there arc many inconsistencies in the permitted uses within each district. and that the Toning Code needs to be amended accordingly. Your Committee on Planning is in accord with the intent and purpose of Qill No. 47, Draft 3, and recommends it pass first reading. i Innr:nu-icmu vtnhnhi t~nuNC - i.l.nituw~~rl~ nui.scm,n I,~cc~issov It I.YNOLUS 1A1:\Itlh I_YI I~R _-_-__ -~ nYI:S h~Ol.ti A K li - - - ` - k - - ~ - - t . _ _ _ k \ ' - --- Respectfully submitted COMMI'fTE}? ON PLANNING - `-. _~ -- Bobby Jean Lcithcad-Todd. CI IAIR PC RF.POR~I~ NO. _ _ 44 ADOPT"LD:_~~~ ~`,~?nnz