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HomeMy WebLinkAboutREP PC 081 03/16/2004 2002-2004REPORT OF THE COMMITTEE ON PLANNING DATE: March 16, 2004 RE: Communication No. 514/Bill No. 234 PLACE: Councilroom TIME'.: 10:58 a.m. Chair and Members Hawaii County Council Hilo. Hawaii 96720 Your Committee on Planning, to which was referred Communication No. 514 and Bill No. 234, transmitted by Mayor Harry Kim, dated February 6, 2004, regarding a Change of Zone Request application by Bay Pacirc Development, LLC, at Waikoloa, South Kohala, Hawaii, TMK: 6-8-2:portion of 33 reports as follows: Bill No. 234 seeks to amend Section 2~-8-7 (North and South Kohala Districts Zone Map)_ Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the Distrito Classification of approximately 14.902 acres of land from Open (O) to Limited Industrial (ML-la). Communication No. S Id reports the Hawaii County Planning Commission, as required by the Hawaii County Charter, Chapter 4, Section 6-43(C), considered the above request and accompanying Bill No. 233. The Commission concurred with the Planning Director's favorable recommendation on this matter. Communication No. 514, in synopsis, reports the Planning Director's findings and recommendations as the following: I . The applicant, Bay Pacific Development, LLC, is requesting a Change of Zone for I4A02 acres from the Open (O) to the Limited Industrial Distrito (ML-la). 2. The applicant is also requesting a concurrent State band Use Boundary Amendment (Bill 233) from the Agricultural to Urban District. 3. The 14+-acre site is rectangular in shape. There are no permanent structures located on the site. The area designated for the proposed self-storage facility is fully leveled and graveled. 4. "fhe applicant is proposing to establish a self storage facility and other light industrial uses on the proposed site. The structures would tentatively be single-story in height, not exceeding forty feet. On-site paved parking, as required by the Zoning Code. would be provided. Landscaping will be provided throughout the site. The proposed operating hours of the industrial park would be from 7:00 a.m. to 5:00 p.m., daily. The proposed development is designed to serve primarily residents and homeowners within the Waikoloa Village and the South Kohala area. 5. 'hhc applicant has a 31-year lease from the Waikoloa Village Association, owner of the subject property. 6. Approximately three Special Permits have been issued for the subject parcel for various activities including a quarry operation and base yard facility. 7. The subject property is located % mile from Waikoloa Village. The village of Waikoloa has a variety of land uses. including commercial and residential as well as police and fire services. 8. Access to the property is from the Waikoloa Road and a private roadway. PL n~;PORT ^+0. 81 Communication 514 Bill 234 Page 2 9. All utilities are or will be made available to the project site. 10. The proposed request would be consistent with the goals, policies and standards of the Land Use Qndustrial) and Economic Elements of the General Plan based on the following: An amendment to the State Land Use Boundary Map from an Agricultural to Urban District (Bill No. 233) is being concurrently processed for the proposed residential development. Upon the adoption of this amendment, the proposed change of zone request will be consistent with the proposed Urban District Designation. The subject property, while currently within the State Land Use Agricultural Zoned District and the County Open District is not actively used for agricultural purposes and has traditionally been utilized for industrial activities. The subject properly is situated in the immediate vicinity of Waikoloa Village, which includes existing Urban-designated lands and uses. Therefore, the request conforms with the uses which encourages urban developments in close proximity to existing developments and where adequate public utilities are available. • The request complements the Land Use Qndustrial) and Economic elements of the General Plan by providing an area for industrial uses near the community of Waikoloa Village and by providing new or existing businesses to expand and diversity the County's economic base. fhe General Plan Land Use Pattern Allocation Guide (LUPAG) Map designates this area for Industrial uses. Thus, the request is consistent with the urban form established for this area. the reclassification and proposed rezoning will allow the property to be used for a variety of light industrial uses that may support activity within Waikoloa. Fhe property is unclassified on the State of Hawaii's Agricultural Lands of Importance to the State of Hawaii (ALISH) Map. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or "Very Poor." Therefore, the action will not be detrimental to the agricultural land inventory in the County of Hawaii The approval of the Change of Zone Request will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes. The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The project site is not situated within the Special Management Area. It is located approximately 7 miles from the nearest coastline. The action will not have a significant adverse impact to traditional and customary I Iawaiian Rights. 'The U.S. Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone "X;' areas outside of the 500-year flood plain. 1 I . Requisite of the Planning Director's favorable recommendation for the Change of Zone request is approximately ten conditions contained in Bill No. 234 that outline specific infrastructure improvements and access route requirements for the project. PC P~cPORT PYO. H1 Communication 514 Bill 234 Page 3 At today's meeting, Planning Director Chris Yuen and Sidney Fuke, representative for Bay Pacitic Development LLC, fielded questions about the origins and purpose of Bill No. 234. During discussion, members of this Conunit[ee expressed some concern over a deed covenant that prohibits certain commercial and business uses of the parcel. Mr. Yuen explained that in the realm of rezoning, it has been the County's practice to ignore or not enforce private deed restrictions when making recommendations nn applications. Council Vice Chair Curtis Tyler requested that the committee ask the Office of Corporation Counsel to comment on the matter. Your Committee concurs with the Planning Commission and the Planning Director's favorable recommendation for approval of the Change of Zone request. Your Committee on Planning is in accord with the intent and purpose of Bill No. 234 and recommends it pass first reading. ctd AYES NOES A&E EX ARAKAKI X CHUNG X ELARIONOFF X HOLSCHUH X JACOBSON X REYNOLDS X SAEARIK X TULANG X TYLER X ON PLANNING 1 Leningrad Elarionoff, PC REPORT NO. ~' kl C, 1 /. ADOPTI.D: nPR 7 ~oa4