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