HomeMy WebLinkAboutREP PC 105 08/03/2004 2002-2004REPORT OF THE
COMMITTEE ON PLANNING
DATE: August 3, 2004 RE: Communication 702/Bill No. 303
PLACE: Councilroom
TIME: 2:47p.m.
Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Communication No. 702 and Bill No. 303,
transmitted by Mayor Harry Kim, dated July 15, 2004, regarding an amendment of Condition C,
relating to Final Plan Approval of Change of Zone Ordinance No. 92-91 requested by DJSM,
LLC for property at Waiakea, South Hilo, Hawaii, TMK: 2-2-28:29 reports as follows:
Bill No. 303 seeks to amend Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the
Hawaii County Code, and Ordinance Nos. 92-91 and 89-50 to change the district classification
of 47,680 square feet of land situated at Waiakea, South Hilo, Hawaii and covered by Tax Map
Key 2-2-28:29 from Single Family Residential (RS-10) to General Commercial (CG-10).
Communication No. 702 reports the Hawaii County Planning Commission, as required by the
Hawaii County Charter, Chapter 4, Section 6-4.3(C), considered the above request and
accompanying Bill 303 on July 2, 2004. At this meeting, the Commission concurred with the
Planning Director's favorable recommendation for your approval of this matter. Communication
No. 702, in synopsis, also reports the Planning Director's findings and recommendations as the
following:
The applicant, DJSM, LLC is requesting an amendment to the conditions of rezoning
contained in Change of Zone Ordinance No. 89-50 as amended by Ordinance No. 92-91,
to allow one year from the effective date of this new amendment to secure Final Plan
Approval for the subject property.
2. The rezoned property consists of approximately 47,680 square feet of land along the east
side of Kilauea Avenue, across from Tyke's Laudromat, adjacent and to the south of the
Church of Latter Day Saints, Waiakea, South Hilo, Hawaii, TMK: 2-2-28:29. Map
"Exhibit A" further delineates the parcel.
The Planning Commission concurred with the Planning Director's reasons for favorable
consideration of the Change of Zone for the following reasons:
The applicant, a new owner of the subject property, recently resubmitted plans to the
Planning Department for Final Plan Approval and was informed that the requirements
of Condition C of Ordinance No. 92-91 had not been met, thereby requiring an
amendment to the ordinance before action could be taken on this application. The
Director found that the applicant's inability to comply with the requirement of
Communication 702
Bill 303
Page 2
Condition C of Change of Zone Ordinance No. 92-91 was the result of conditions that
could not have been foreseen and were not a result of the new owner's actions and
were beyond the applicant's control.
• The General Use Land Pattern Allocation Guide (LUPAG) Map designates the area
for high density urban uses and the current zoning of General Commercial (GC-10)
for the property is consistent with the existing General Plan Designation for the area.
• The applicant has secured a Condition Letter of Map Revision (CLOMAR) to allow
development within the Federal Emergency Management Agency (FEMA)
designated floodway within the parcel.
• All essential utilities and services are available to the site.
• Granting of the request to amend Condition C would not be contrary to the original
reasons for granting the Change of Zone.
At today's meeting, William Moore, Representative of the applicant, provided this Committee
with background information about the origins and purpose of Bill No. 303. He stated the
applicant had withdrawn the request to delete Condition F, for which the Planning Director had
forwarded an unfavorable recommendation.
Your Committee concurs with the Planning Commission and the Planning Director's favorable
recommendation for approval of this Change of Zone time extension request to Condition C
(secure Final Plan Approval).
Council Member Curtis Tyler voted "kanalua," then "no," on this measure.
Your Committee on Planning is in accord with the intent and purpose of Bill No. 303 and
recommends it pass first reading.
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AYES NOES A&E EX
ARAKAKI X
CHUNG X
FLARIONOFF X
HOLSCHUH X
JACOBSON X
REYNOLDS X
SAFAR[K X
TULANG X
TYLER X
ON PLANNING
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PC REPORT NO. 105
ADOPTED: AUG I H 7004
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