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HomeMy WebLinkAboutREP PC 107 08/17/2004 2002-2004REPORT OF THE COMMITTEE ON PLANNING DATE: August 17, 2004 RE: Comm. No. 722/Bill No. 309 PLACE: Councilroom TIME: 2:00 p.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Communication No. 722 and Bill No. 309, transmitted by Mayor Harry Kim, dated July 29, 2004, regarding a Change of Zone request application by West Hawaii Business Park, LLC, at Kaloko Industrial Subdivision, Honokohau 151 and 2"d at North Kona, Hawaii, T'MK: 7-4-8: por 13 and 30 reports as follows: Bill No. 309 seeks to amend Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the District Classification for approximately 196.634 from Open (O) to Industrial-Commercial Mixed -20,000 square foot (MCX-20) and 85.733 from Open (O) to a General Industrial I-acre (MG-la) District. Communication No. 722 reports the Hawaii County Planning Commission, as required by the Hawaii County Charter, Chapter 4, Section 6-4.3(C), considered the above request on July 16, 2004. At this meeting, the Commission's vote to approve the Planning Director's favorable recommendation, with amendments, was recorded as four "ayes" to three "noes". According to Section 25-2-42(d)(3) of the Planning Commission Rules, because there was not five affirmative votes, the vote constitutes a "no action" and, therefore, is recorded as an unfavorable recommendation. Communication No. 722 also transmits the findings and recommendation of the Planning Director. Communication No. 722 reports, in synopsis, the following: I . The applicant, West Hawaii Business Park, LLC, is requesting a Change of Zone for a total of 282.367 acres identified as TMK: 7-4-8:por 13 and 30, from Open (O) to Industrial-Commercial Mixed --20,000 square feet (MCX-20) and General Industrial (MG-I a). 2. The applicant is the owner of the property. The total size of the parcel is 336.984 acres. Map Exhibit A further delineates the parcel. 3. In September 2003 the State Land Use Commission reclassified this parcel from Conservation to Urban. As part of the reclassification, an Environmental Impact Statement and a Traffic Impact Analysis Report (TZAR) to determine future and existing impact to roadway systems was completed for the subject parcel. Both documents are transmitted as attachments to Communication No. 722. 4. The property is located on the East Side of Kaahumanu Highway between the Kona International Airport, Koloko Industrial Park and the Honokohau Industrial Development. 5. Since 1967 quarry operations and related uses have operated on the site. The quarry operates under Conversation District Use Permit HA-66/6/12-35 and is expected to continue for the next twenty years. 6. According to the applicant, the project site will consist of lots ranging in size from''/z to 25 acres and will be marketed for industrial and commercial uses consistent with the MCX zoning. The project and related improvements will be undertaken in phases as warranted by market conditions. Completion of the project is anticipated in 2012. Estimated cost is approximately $7,500,000. Report No. 107 Communication 722 Bill 309 Page 2 7. Access to the site is proposed from three intersections off of the Queen Kaahumanu Highway. These include the existing road to the quarry, a new access road to be constructed opposite the historical park and Honokohau Street. In addition, lateral access from adjacent commercial/industrial areas will be provided through the proposed extension of Kamanu and Kanalani Streets between Hina Lani Street and Kealakehe Parkway. 8. All utilities and services are or will be made available to the property. 9. The approval of the Change of Zone request from Open (O) to Industrial-Commercial Mixed - 20,000 square feet (MCX-20) and General lndustrial (MG-la) will result in an appropriate land use pattern that will further benefit the public based on the following: • The State Land Use District Classification for the parcel is Urban. The applicant's request is consistent with this designation. • The Hawaii County General Plan Land Use designation for the area, as depicted on the LUPAG, is Industrial and Urban Expansion. The request and proposed use is consistent with this designation as well as established uses in the area. Adjacent properties are currently zoned [,invited Industrial and Industrial -Commercial Mix. • The Land Use Element also requires that in conjunction with establishing urban type uses, adequate services and infrastructure should be developed. Consistently, Bill 309 includes conditions requiring various roadway and utility improvements as part of this project. • The project, as proposed, is also supportive of the Economic Element of the Hawaii County General Plan by providing additional employment and industrial opportunities to County residents. • The Keahole to Kona Development Plan, Adopted by Council Resolution No. 269 in 1991, identifies this area as Limited Industrial. The proposed project conforms [o this designation. • The State of Hawaii ALISH Map identifies the land for this project as "unclassified." The Land Use Study Bureau's Overall Soil Rating identify the soil as "E" or "Very Poor." The subject property is not currently used for agriculture. • The approval of the Change of Zone Request will not be violative of Chapter 205A, Hawaii Revised Statutes. The property is not situated within the Special Management Area. It is located approximately 3,000 feet away from the coastline. • The Flood Insurance Rate Map (FIRM) identifies a majority of parcel as "X" or outside the 500- year flood plain. • The Final Environmental Impact Statement completed in 1999 by Geometrician Associates concluded that no endangered plant or animal species are expected to be negatively impacted by the proposed development. Communication 722 Bill 309 Page 3 Cultural Surveys performed an Archeological Inventory survey of the site in 1993. The survey recommended the preservation of eighC sites on the subject property. A preservation plan for these sites is to be submitted to the Hawaii Island Burial Council, the Department of Land and Natural Resources and the Hawaii County Planning Department. 10. Requisite of the Planning Director's favorable recommendation for the Change of Zone request are approximately twenty-two conditions contained in Bill No. 309 that outline specific requirements and improvements for the proposed project. At today's meeting, Roy Takemoto, Deputy Planning Director, and William Moore, representative of the applicant, provided this Committee with background information about the origins and purpose of Bill No. 309. Mr. Takemoto explained that following a change in State District Classification, the applicant applied for rezoning. Further conditions which require a Roadway Circulation Plan, improvements to Kamanu Street or Queen Kaahumanu Highway, and the use of incremental zoning were reported as consistent with idea of concurrency. Mr. Moore, at the request of the Committee, explained that three people testified at the Planning Commission Hearing, and the Commission unsuccessfully attempted [o amend the conditions of the legislation upon approval. Further, he circulated amendments to this Committee for consideration. During discussion, Members of this Committee inquired about the absence of Commission minutes and anon-point pollution condition, the consistency between this bill and the TSA project. The Planning Department's policy and practices regulating required improvements, bonds and the progress of related improvements by an adjacent property owner were also discussed. Mc Takemoto informed members that he would have the minutes forwarded to the Council upon completion. Further, that it was not the Department's practice to call in an overdue bond if there was no sense of urgency. He assured the Committee that the department was willing to work with adjacent property owners to address concerns regarding roadway improvements. Post discussion, Your Committee requested that Mr. Moore and the Planning Department work to check consistency for the language in conditions (I, N & L) regarding curb, gutter, sidewalks and paved swales. They voted to amend Bill 309 with the following: Condition F: An updated Traffic Impact Analysis Report (TZAR) certified by a licensed engineer shall be submitted for review and approval to the Planning Director and Department of Public Works, prior to receipt of Final Subdivision Approval. The TZAR shall be updated to include the increase in the MCX-zoned area and the inclusion of interior intersections along the South Access Road and Honokohau Street. The revised TZAR shall also evaluate impacts to the Kamanu Street and Kealakehe Parkway intersection. The improvements identified in the updated TZAR shall be provided in an appropriate design year or phased with the needed right- of--way provided. ~A~Ia~itienal] Mitigation measures called for in the revised TZAR that are reasonably related to the oroiect impacts, shall be implemented, meeting with the approval of the Planning Director in consultation with the Department of Public Works. (Condition G, Draft 2) Communication 722 Bill 309 Page 4 2. Condition G. All access and intersection improvements along Queen Kaahumanu Highway shall be constructed[,] meeting with all the requirements and approval of the State Department of Transportation. Access to Parcel I from pueen Kaahumanu Highwakshall be limited to the North Access Road[,] and~after construction of the National Park Service/Lanihau South Access Road) signalized intersection, to the National Park Service/Lanihau (South Access Road) intersection and to the North Access Road[,] under such terms and conditions required by the Department of Transportation. (Condition H, Draft 2) Condition M. Street lights, traffic signals and applicable traffic control devices shall be installed, as required by the Department of Public Works as warranted pursuant to the Manual on Uniform Traffic Control Devices. (Condition N, Draft 2) 4. New Condition F. An ~ 50-foot wide wav, shall be submitted to and approved by the Planning Department prior to the issuance of Final Plan approval for any development within Lots 1 and 3. The Landscaping Master Plan shall reflect the proposed landscaping concept depicted in Figure 4-4g of the petitioner's Final Environmental Impact Statement dated April 2003 and shall include, but not necessarily limited to. plant species list: identification of view corridors from within and outside of the installed in 5. Conditions H, I, J, L, M, N, P, S, V. Various typographical and grammatical errors corrected. Your Committee concurs with the Planning Director's favorable recommendation for approval of this rezoning request. Your Committee on Planning is in accord with the intent and purpose of Bill No. 309, as amended to Draft 2, and recommends it pass first reading. Ctd AYES NOES A&E EX ARAKAKI X CHUNG X ELARIONOFF X HOLSCHUH X JACOBSON X REYNOLDS X SAFARIK X TULANG X TYLER X COMMITTEE ON PLANNING Lenin rod EI PC REPORT ADOPTED: