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HomeMy WebLinkAboutREP PC 037 07/07/2009 2008-2010 REPORT OF THE COMMITTEE ON PLANNING DATE: July 7, 2009 Re: Comm. 207/Bill No. 54 PLACE: Councilroom Ben Franklin Bldg,2nd Floor 333 Kilauea Avenue Hilo, Hawaii TIME: 4:00 p.m. Council Chair and Members Hawai`i County Council Hilo, Hawai`i 96720 Your Committee on Planning, to which was referred Bill No. 54, reports as follows: Bill No. 54,transmitted via Communication No. 207 from Mayor William P. Kenoi, dated March 9, 2009, presents a Change of Zone Request by William and Dixie Minson, at Kaloko, North Kona, Hawai`i, covered by Tax Map Key:7-3-051:065. Bill No. 54 seeks to amend Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition), by changing the District Classification from Limited Industrial— 1 acre (ML-1a)to Industrial-Commercial Mixed— 1 acre (MCX-la) at Kaloko,North Kona, Hawai`i, covered by TMK 7-3-051:065. Communication No. 207 reports that the Hawai`i County Planning Commission, as required by Chapter 4. Sec. 6-4.3(C), Hawai`i County Charter, considered the above request on February 19, 2009. The Commission concurred with the Planning Director's reasons for recommending favorable consideration of the change of zone. Communication No. 207 transmits the following findings and recommendations: 1. The subject property is located between Hina Lani Street and Olowalu Street, bounded on the east by Kamanu Street, Kaloko Light Industrial Subdivision,North Kona, Hawai`i. The State Land Use designation for the subject property is Urban. The General Plan LUPAG designation is Industrial. 2. The applicant is requesting a change of zone from ML-la to MCX-la for approximately 1.37 acres to allow the development of a variety of industrial and commercial uses within a two-story building. The applicant intends on developing the property by constructing an approximately 37,000 square-foot, two-story"shell" of a building, in three phases. Construction of Phase I has been completed and consists of approximately 7,983 square feet of space and parking. This space is currently being leased to multiple tenants for industrial/warehouse uses. Upon completion of Phases II and III the "shell"building will accommodate approximately 29,322 square feet of space to be leased for commercial and industrial uses, approximately eighty-three (83)parking stalls, landscaping, and PC Report 37 Comm.207 Page 2 of 3 related site infrastructure including aerobic wastewater treatment systems and drywells to accommodate on-site drainage. Interior improvements to the building will be made by each tenant. 3. The property is owned by William and Dixie Minson. 4 Primary access to the property is from Olowalu Street, which has two through lanes within a 60-foot wide right-of-way. There are two existing driveways from the property onto Olowalu Street. A secondary access is available to the property via an existing driveway at Kamanu Street, which also has two through lanes within a 60-foot right-of-way along the property frontage. The Department of Public Works (DPW)has restricted access at the Kamanu Street driveway to allow only right turn in and out movements. The DPW has also prohibited access to Hina Lani Street which runs along the property's north border. All three of these roadways are County owned and maintained. 5. County water is available to the site. 6. Utilities are available to the site. Solid waste will be handled by a private contractor. County fire stations, police and emergency medical services are available to the site. 7. The Planning Director recommended favorably on this request based on the following: • The proposed change of zone request will conform to the goals, policies and standards of the General Plan Economic and Land Use Elements. • The Land Use Pattern Allocation Guide (LUPAG) Map designates this area as Industrial. • The State Land Use designation for the property is Urban and the proposed change of zone would complement the existing uses already in the area. • The Change of Zone request is not contrary to Chapter 205A, Hawai`i Revised Statutes relating to Coastal Zone Management as the subject property is not an oceanfront parcel, and will not affect or be affected by shoreline processes. • There are no valued cultural, historical or natural resources that exist on the property and no evidence of any traditional and customary native Hawaiian rights being practiced on the site. It is not anticipated the proposed request will have any adverse impact on cultural or historical resources in the area. The applicants, William and Dixie Minson were present at the meeting, via the Kona site, however, they did not speak. Your Committee voted in favor of postponing the matter to allow the applicants and the Department of Public Works and the Planning Department to come to an PC Report 37 Comm. 207 Page 3 of 3 agreement on certain matters. The meeting was postponed to the April 21, 2009 meeting of the Planning Committee. At the April 21, 2009 meeting of the Planning Committee, your Committee voted in favor of amending Bill 54, with amendments submitted by Council member Brenda Ford. These amendments required additional concessions from the applicants. Please refer to Communication No. 207.2 for the specific language of Ms. Ford's amendments. Warren Lee, Director of the Department of Public Works stated that his department was making a final verification of the department's requirements for this re-zoning application. The applicants were present, but did not request to speak before your Committee on this matter. This matter was postponed to the May 19, 2009 meeting of the Planning Committee, at which time it is anticipated that the applicants will speak in defense of their application. At the May 19, 2009 meeting of the Planning Committee,this matter was again postponed to the June 1, 2009 meeting. At the June 1, 2009 meeting, Council Member Kelly Greenwell stated that he would meet with Warren Lee, the applicants and Council Member Brenda Ford in order to reach mutually acceptable conditions of re-zoning. Council Member Greenwell moved to amend Bill 54 to Draft 4, with the contents of Communication 207.8. The motion was duly seconded, but was not voted upon. Instead, the matter was postponed until the July 7, 2009 meeting, in order to allow enough time for them to meet and discuss the matter. At the July 7, 2009 meeting, the applicants offered certain concessions to the re-zoning conditions. Discussion hinged on safety issues pertaining to the driveway ingress and egress on Olowalu Street, and on the Department of Public Works demand that the applicants give up an additional five feet of frontage on Kamanu Street. Council Member Brenda Ford moved to further postpone the matter, but her motion was defeated. Bill 54, as amended by the contents of Communication 207.8 was approved by a 6 vote majority. Voting in favor of the amendment were Council Members Enriques, Greenwell, Ikeda,Naeole, Onishi and Yoshimoto. Voting against the amendment were Council Members Brenda Ford and Dominic Yagong. Your Committee Chair, Donald Ikeda, offered to work with the Department of Public Works, the Department of Planning, and the applicants in order to draft a new Condition G that would satisfy the departments' and the applicants concerns. Your Committee concurs with the Planning Commission and the Planning Director's favorable recommendation for approval of the Change of Zone request. PC Report 37 Comm.207 Page 4 of 3 Your Committee on Planning is in accord with the purpose and intent of Bill No. 54, as amended to Draft 4, and recommends it pass first reading. awm AYES NOES A&E EX Respectfully submitted, ENRIQUES X FORD X COMMITTEE ON PLANNING GREENWELL X HOFFMANN X _d4det IKEDA X NAEOLE X DONALD IKEDA, CHAIR ONISHI X YAGONG X PC REPORT NO 1 7 37 IIVV YOSHIMOTO X ADOPTED: PC Report 37