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: