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HomeMy WebLinkAboutREP PC 046 08/10/1999 1998-2000 REPORT OF THE COMMITTEE ON PLANNING DATE: August 10, 1999 Re: C-376/Bill No. 107 PLACE: Councilroom TIME: 1:40 p.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 107, transmitted by Mayor Stephen K. Yamashiro per Communication No. 376, dated July 6, 1999, regarding the change of zone request by Scott T. Nakahara, at Kaao, Hamakua, Hawaii, TMK: 4-5-21:60, reports as follows: Bill No. 107 amends Section 25-8-17 (Haina-Honokaa-Kukuihaele Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification for approximately 20,851 square feet of land from a Residential (RS-10) to a Neighborhood Commercial (CN-10) zoned district. The relatively steep, rectangular shaped lot, owned in fee by the applicant, is located in the Honokaa Sugaz Company Subdivision approximately 280 feet west of the Mamane Street and Ohia Street intersection. The applicant would like to create atwo-lot commercial subdivision. Because of a title dispute on the present site of his dental building which is situated next to the subject property, the applicant would like to relocate his dental practice from the adjoining pazcel, TMK:4-5-21:61 to a portion of the subject property. The decision to move the existing building or to construct a new dental building on the subject property rests on the court's decision regazding the title settlement. The property is the subject of a Subdivision Application No. 98-108, which received tentative approval on November 6, 1998. According to the applicant, Final Subdivision Approval is expected prior to the hearing on this request. The applicant intends to subdivide the property into two lots, Lot A which fronts Mamane Street and Lot B, which fronts Ohia Street. The dental building will be located on Lot B, and Lot A will be sold or leased to another business, possibly the Hawaii Center for Learning Science, anon-profit education company formed to teach glass blowing to students. The SLU classification is Urban. The GP LUPAG Map classifies the pazcel as Low Density Urban Development, which allows for single family residential in character, ancillary community and public uses, and convenience type commercial uses. The Northeast Community PC-46 PC-46 Page 2 August 10, 1999 Development Plan, adopted by Ordinance No. 445 recommends that the azea be retained as RS- 10. The County Zoning is Single Family Residential (RS-10) and the subject property is not located within the Special Management Area. The site was previously used by Union Oil Company for above-ground storage of fuel. There is an abandoned storage shed and empty above-ground fuel tanks on the property. The property has been tested and cleared of environmental hazards. This work was conducted by R.M. Towill Corporation in 1997. The storage shed may be restored and the fuel tanks will be removed. The USDA soil type is KuC, Kukaiau silty clay loam, with moderately rapid permeability, slow runoff and slight erosion hazazd. The Land Study Bureau Soil Rating is "C" or Fair. Since the property has previously been improved, any azchaeological finds would be remote, and any impacts to the flora and fauna would also be minimal. Surrounding areas to the east and south are zoned RS-10. The applicant's dental office is located on a pazcel zoned CV-7.5 immediately to the west of the property, and vacant properties to the north are zoned A-40a. The change of zone request from RS-10 to CV-7.5 for the existing dental building was approved by the County Council via Ordinance No. 92-33 effective Apri17, 1992, to Thomas and Bernice Nakahaza. However, the Planning Director and the Planning Commission recommended an unfavorable consideration as the request did not conform to the LUPAG Map of Low Density Urban Development and the Northeast Hawaii Community Development Plan; was inconsistent with the goals, policies and standards of the Commercial Land Use Element of the General Plan; and had poor site distance due to the topography of the property. Access is proposed from Ohia Street for the proposed Lot B, and Mamane Street for Lot A. Ohia Street is a County road and Mamane Street is a State road under the jurisdiction of the Hawaii State Department of Transportation. According to the Department of Water Supply, water is available to the site from an 8-inch waterline within Ohia Street fronting the subject property. However, the existing 8-inch waterline is not large enough to provide the fire flow needed under the Department of Water's System Standards for CV-7.5 zoning. The existing reservoir capacity is also insufficient to meet the fire flow under these same standazds. For these reasons, the Department's existing water system facilities cannot support the proposed change of zone at this time, so the Planning Commission inserted the language in Condition F that a water tank be installed; however, the applicant preferred the amendment proposed in Bill 107, Draft 2. PC-46 PC-46 Page 3 August 10, 1999 Originally, the applicant applied for a CV zoning, similar to his existing office site, but changed to CN-10 at the Planning Commission level to be in compliance with the code and uses. Wastewater will be disposed of through individual wastewater treatment systems. All other utilities and services aze or will be available to the site. Discussion by Your Committee was in favor of the Change of Zone request. The need for a dental office in Honokaa as well as the proximity of the proposed office to the fire station and fire hydrant enabled Your Committee to vote in favor of this measure. Bill No. 107, Draft 2, which amended Condition F by replacing the existing language about the installation of the water tank with the "Fire flow shall meet with the approval of the Fire Depaztment in consultation with the Department of Water Supply." and reworded Condition G to state "Prior to the issuance of the Certificate of Occupancy for the proposed development, the applicant shall submit a final written report to the Planning Director stating that all conditions have been met.", was circulated and approved by Your Committee. Your Committee concurs with the Planning Commission and the Planning Director for recommending a favorable consideration to the change of zone request. Your Committee on Planning is in accord with the intent and purpose of Bill No 107, Draft 2, and recommends it pass first reading. AYES NOES A & E EX Respectfully submitted, LEITHEAD-TODD X COMMITTEE O LA G TYLER X CHUNG X ~ ELARIONOFF X JACOBSON x BY J AN LEITHEAD-TODD, CHAIR Plslccwo x PC REPORT NO. 46 SMITH X vncoNC x ADOPTED: AUG 2 5 1999 ARAKAKI E.O.M.