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Home My WebLink AboutREP PC 055 08/19/2003 2002-2004RP.POR'f UI' ll IE COMMfI°I~IiI~:ON PLANNING UA~IT:: August 19. 2UU3 PLACE{: Councilroom 11MP;: 2:11 p.m. RI';: C-308/Rill No. 135 ('hair and Members Hawaii Counri~ Council Hilo_ I lawaii 96720 Your Committee on Planning, to which was relerred Rill No. 135 transmitted jointly ~~ith Rill No. 13.1 by Mayor I tarry Kim per Communication No. 308, dated August I, 2003. regarding the change of zone request by Keaau Service Station, Inc. , at 'nla'a_ Puna, I lawaii_ ~I~MK: 1-7-I : Portion of 1 I. reports as follows: Rill No. 135 amends Section 25-8-24 (Kurtistovvn lone Map). Article 8. Chapter 25 (zoning Code) of the f lawaii County Code, by changing the district classification Rrr approximately 2.814 acres of land from an Agricultural (A-Sa) to a Village Commercial (CV ?0) zoned district. l~he irregular shaped suhjeci property. owned in fee by the applicant. is located along the south side o1 State I Iighway 1 I. adjacent to the existing Keaau Service Station in 'Ola'a Homestead, Reservation hots. l~he applicant is seeking to amend the zoning fir a 2.814 acre portion ofa 7.844 acre parcel to retain and expand his toN~ business. fhe remaining live acres would he tell as A-5a. Because the applicant was utilizing a portion of the property and adjoining parcels fbr vehicular and eyuipmcnt storage, he wishes to legitimize some of the existing uses while tcrminuting and/or relocating other uses to a permitted zone. 'I~he applicant estimates the cost of improycments to he approximately $150,000 to $200,1)00, and will include the neti parking lot. related drainage improyemcnts. one half of the cost ofthe traffic lights, and landscaping. l~he area will he tilled and will hecomc level with the remaining commercial area. When completed, there will oc an eight to ten trot difference in grade berncen the areas of the requested CV-20 and the existing A-$a zoning. l~he General Plan LUPAG Mop designation is Yledium Density ['roan. 'I~he subject property is not v`ithin the Special Management Arca. 1 he surrounding properties are zoned A-5a and RS-20 and are in residential and commercial uses. Properties across the highNa~. to the west are zoned RS-10 and RS=?0 and are in residential uses. The ALISH svsiem declares the majorih of the property as l Inclassitied. e~ith Prime Agricultm~al Lands towards the east or rear of the site. l~hc band Study Bureau's classification is "C° or "Pair'. 'I~he l I S Soil Sm~ve~ classifies the soil as Olga extremely stony clay loam which is underlain oy as with rapid permcability_ slow runoff. and slight erosion haiard. fhe subject parcel lies in zone °Y". and area determined to he outside the 5011-year flood plain. Communication 308 Rill 135 Page 2 No surveys were conducted on die site. and being that the property is improved, the likelihood or am' significant or rare or endangered Moral/fauna) /archaeological resources is remote. Access to the subject property is from State Highway 1 I. a heavily traveled two-lane highway with a pavement width of approximately ?d feet and right-of-way of approximately 80 feet and 10 toot shoulders on each side. "hhe property has an approximately 40-foot wide legal access to Highway 1 1, approximately 250 lest southwest of the entrance to the service station. ~fhis access abuts a 10-foot easement o~ er which the applicant also has access rights. "fhe State Department of ~IYansportation is in the process of improving the Huina Road/Highwa} I I intersection. and arc looking at 2004 as the year of completion. Once the improvements arc completed, access to the service station will be relocated further south, approximatel}~ 150 Ice) from the applicant's Icgal Al'CC55. I~he improvements include dedicated left-turn lanes along Highway 1 I heading into both { luina Road and the service station site. Plans also call for the eventual signalization of the intersection. and because flmding is currently not available, the applicant is willing to pa} up to 5U%~ of the cost hecause the applicant prcicrs access to the site through a planned and controlled intersection. For this reason. the applicant has requested an access casement to the site from the State. and should the request be denied. the applicant will utilize its legal access at the southwestern end ofthc propcrh. hhere is a County waterline fronting the property. The applicant does not envision requiring more than one unit of water, and is prepared to pay the required facilities charge should such service be required. Ifnecessary, the applicant i5 prepared to install a septic system built to Department of Health standards. Solid waste will be handled by commercial haulers. I~he State Land l Ise designation is Agricultural. The Ll iPA(i Map designation is Urban l;spansion. which allows a mix of high density_ medium density, low density. industrial and/or open designations in areas where new settlements may he desirahle, but wha'e the spccilic settlement pattern and mix of uses have not yet been determined. All other utilities and services arc or will be available to the suhjcct properh. Discussion continued from where it Ielt ol~f with Rill No. 13d, and Sidney Duke proceeded with his proposal to amend Condition Ef of Rill No. 135. He proposed the fbllo~aing amendnrents and Your Conunittce agreed. °Access fi'om the project site to State Highway 1 I shall meet with the approval of the Department ol`I~ransportation. l~he applicant shall attempt to secure an agreement from the State to use the relocated service station easement II permission is obtained_ access shall be solely from that casement ~ Should the State grant an easement through the existing service station property, In either case, the applicant shall pay or cause the construction of50'!% of the Communication 308 E3ill 13~ Page 3 cost of installation of a trat~tic signal.... ~fhen Committee Member 13ob Jacobson proposed Eo replace Ehc word °may° with the Nord "shall" in Condition L explaining that the word "may' is "completely uncnlbrceable° and "shall is an enforceable language". "Shall is strong." I Ie also noted that the word "initiated' should he "initiate'. In response to a yucstion asking him what he thought about this proposed amendment. Deputy }'tanning Director Rom l~akcnxxo explained that the word "ma~° is used because one "can never predict the future; and to have an unwai~cring mandate to rezone it hack. to rc~crt the Toning. } ou know, may be too stringent 13ccausc there may be untbrescen circumstances that the discretion of the Director may be a good thing.' In response to the same yucstion. Sidney Fuke stated that vv hen the word "shall" was used. "it was just to shoe that go~crnmcnt real h_ meant business when they approved a project ti~ith conditions that they ~~anted to real)}~ sec 'thee' hcing 'goccrnmenC wanted to sec U~at it ~~as ILltillcd.". Committee Member Leningrad 1?larionoll~then suggested if the word "shall° is used, then the term °timely fashion' needs to be defined because it seems too broad a term. When asked what his dclinition of "timely fashion" meant Mr. Fuke stated that °timely fashion is kind of tied in to any timo-specilic performance of the conditions.... it relates to each pertiirmancc requirement as ouUincd h~ the other conditions". In response to the yucstion about N1 r. Jacobson~s amendments hcing fair, Mr. Fuke replied "it's fair to the estcnt ifs consistently applied." Committee Member Joe Reynolds then stated that he does not really care E~~r the first part of~thc sentence which says: "substantially complied.° i Ie stated "...you ought to have to comply, period. not 'substantially': but you ~ ither comply or ~ ou don't crniiph~." Your ('hair then asked the Planning Department to work together with the Office of the Corporation Counsel to "come up with some thoughts on what has been shared here this allcrnoon....maybe. arecommendation" and Roy'hakenuilo responded that they will have a report ready prior to first reading. Your Conuniltec voted against Mr. Jacobson~s original proposed amendment. In addition. Your Chair asked Ruy "1 akcmoto N ensure that copies of the aga~cy Icners and the director's recommendation arc included with the background inlbnnation in future zoning applications because the current coning applications which hacc been received b~ the Council have not included the attachments. Your Committee did not cmeruiin further discussion on this measure. Your Committee concurs with the Planning Commission and the Planning Director Ibr reconunending a favorable consideration for the change of zone request, which would result in an appropriate land use pattern that will 1~urthcr benefit the public. Communication 308 Rill 1 35 Page d Your Committee on Planning is in accord with the intent and purpose of Rill No. 1 >>. tis amended to Rill No. 135. Draft 2. and recommends it pass first reading. nvrs Nuns n x r. rx vin~nhi 1 _ CI IUN(; K 1:1 ..iNIONUI I A _ II(ILS('l ll ill R 1,1('(1RSON S ~- HfYNOLI)ti R ti,11 ~.1R1 l~ A Rctipeclfulh submitlcd ('OMMI I fI.F:ON PL ANNIN(~ ~ `. A , _- ~ ~ -._ •~ ~~ L Cl I ISVIYLLRJ II. VIC"~"I~ .-~'IIAIR PC' RI~.POR~I' NO_ 55 _ ~~>~>~~~~~-~~: SEP 9 4 2003