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HomeMy WebLinkAboutCOM 0699.001 2010-2012 /0'0157-57 Mw'.' William T.Takaba William P.Kenoi Mayor . _ , • , Managing Director . . Wally Lau os'M►� Deputy Managing Director County of Hawaii 25 Aupuni Street • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Highway • Kailua-Kona,Hawaii 96740 (808)323-4444 • Fax(808)326-5663 August 21, 2012 • Honorable Dominic Yagong, Chairman and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yagong and Members: County Council Initiated(Bill No. 250) Amendment to Chapter 25 (Zoning Code), Article 7, Division 2 Relating to Increase Residential Density, Including Parking Requirements Within Downtown Hilo Commercial Zoning District As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Windward Planning Commission's letter and enclosures regarding the above-referenced request. Sincerely, William P. Kenoi Mayor Enclosures cc: Planning Department Comm. No � . Ref.To: C Hawai`i County is an Equal Opportunity Provider and Employer Ref dote AUG 2 8 20 t7 7TE Oi•Mi. ' County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 AUG 2 1 2012.. The Honorable Dominic Yagong, Chairman and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo,HI 96720 Dear Chairman Yagong and Council Members: County Council Initiated(Bill No. 250) Amendment to Chapter 25 (Zoning Code), Article 7, Division 2 Relating to Increase Residential Density, Including Parking Requirements Within Downtown Hilo Commercial Zoning District The Windward Planning Commission, at its duly held public hearing on August 2, 2012, considered the County Council's initiated Bill No. 250 amending Chapter 25,Article 7,Division 2 of the Hawai`i County Code 1983 (2005 Edition, as amended),to increase residential density, including parking requirements within the Downtown Hilo Commercial District(CDH). The Commission concurs with the Planning Director's unfavorable recommendation,without prejudice, of Bill No. 250 in its current form,in anticipation that a new bill will be introduced to ensure effective implementation of the requested amendments should it be approved by the County Council. We are enclosing copies of the staff Background and Planning Director's Recommendation as well as a transcript of the hearing for your information. Sincerely, ,%" Zendo Kern, Chairman Windward Planning Commission Lcouncilbill250wpc Enclosures cc: Amy Self, Esq., Corporation Counsel Hawai`i County is an Equal Opportunity Provider and Employer CT CT BRDowntownHiloBill250.doc-07/31/12 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND AND RECOMMENDATION COUNTY COUNCIL INITIATED AMENDMENT TO CHAPTER 25 (ZONING CODE),ARTICLE 7,DIVISION 2 RELATING TO INCREASE RESIDENTIAL DENSITY,INCLUDING PARKING REQUIREMENTS WITHIN DOWNTOWN HILO COMMERICAL ZONING DISTRICT The County Council has initiated an amendment to Chapter 25 (Zoning Code), Article 7, Division 2 of the Hawai`i County Code 1983 (2005 Edition, as amended), relating to increase in residential density, including parking requirements within the Downtown Hilo Commercial (CDH) zoning district. BACKGROUND The County Council is proposing amendments to the Zoning Code within Article 7, Division 2 (Special District Regulations for the Downtown Hilo Commercial zoning district)as described within Bill No. 250 (Planning Department Exhibit 1). In summary, Bill No. 250 attempts to amend the Zoning Code in order to accomplish the following: 1. allow for a increase in the maximum residential density permitted within the CDH zoning district from its current 1,000 square feet of land area per unit to a proposed 500 square feet of land area per unit,potentially doubling the residential density in Downtown Hilo Commercial zoning district. 2. provide a parking requirement in the CDH zoning district of one (1)parking stall per residential unit. Currently,there is no parking requirement for any use within CDH zoning district bordered bounded by Kino`ole and Ponahawai Streets and the Wailuku River. ANALYSIS Note that the CDH zoning district in Downtown Hilo is situated within an area designated for High Density Urban uses by the General Plan Land Use Pattern Allocation Guide (LUPAG)map. A High Density Urban designation would allow for a maximum residential unit density of 87 units per acre, or 500 square feet of land area per unit, consistent with the proposed amendment. -1- tT" However, we have not taken the liberty to promote an extensive discussion of the merits of this bill with the Downtown Hilo community or concerned agencies due to the need to expand upon the bill to include other relevant sections of the Zoning Code to ensure that the intent of the bill can be effectively implemented, should such amendments be adopted by the County Council. This matter has been discussed with the author of Bill 250, Councilperson Donald Ikeda,who will endeavor to introduce a revised bill that will ensure that any such amendments to the Zoning Code to increase residential density and apply minimum parking requirements within the CDH zoning district can be effectively applied within the framework of the Zoning Code. RECOMMENDATION For the reasons detailed above,the Planning Director recommends that the Windward Planning Commission send,without prejudice, an unfavorable recommendation to the County Council regarding Bill No. 250, in its current form, relating to increase in residential density,including parking requirements,within the Downtown Hilo Commercial(CDH)zoning district. -7_ Pete Hoffmann t�;oF Phone No. Hilo: (808)961-8027 Council Member �p• haw+ Phone No. Waimea: (808)887-2043 � �. •., District 9-North and South Kohala • • Fax No.: (808)887-2072 *i• �'%*�i* E-Mail:phoffmann @co.hawaii.hi.us *r•,. MOB`` are 6;-4'd HAWAII COUNTY COUNCIL County of Hawai`i Hawai`i County Building Holomua Center 25 Aupuni Street 64-1067 Mamalahoa Highway, Suite C-5 Hilo, Hawaii 96720 Waimea, Hawaii 96743 TO: Bobbie Jean Leithead Todd, Director Planning Department FROM: .,.. 'ete Hoffmann, Chair Committee on Planning Date: May 18, 2012 Subject: Referral of Bill No. 250 for Review and Recommendation by the Planning Director and Planning Commission(s) Attached please find Bill No. 250,relating to the Downtown Hilo Commercial District. This matter was on the agenda for the May 16, 2012, meeting of the Hawai`i County Council Planning Committee, and has been referred to you for review and recommendation pursuant to the section 6-7.2 of the Hawai`i County Charter and section 25-2-43 of the Hawaii County Code. Please forward to the appropriate Planning Commission, or both Commissions, as provided per section 6-7.5 of the Charter. Feel free to call me if you have any questions. If I am not available, please contact my Legislative Assistant, David Hirt, at 887-2069. Thank you. PH/dh att cc: Dominic Yagong,Chair—Hawai`i County Council Planning Dept. Council Services Exhibit .i 07866 Serving the Interests of the People of Our Island Hawaii County Is An Equal Opportunity Provider And Employer CI \ .�SY Oi H, COUNTY OF HAWAII •� ` ''° '�� • STATE OF HAWAII •T�rE oR N► BILL NO. 250 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25,ARTICLE 7, DIVISION 2 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION,AS AMENDED) TO INCREASE RESIDENTIAL DENSITY,INCLUDING PARKING REQUIREMENTS, WITHIN CDH, DOWNTOWN HILO COMMERCIAL DISTRICT. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 25, article 7,division 2, section 25-7-22 of the Hawai`i County Code 1983 (2005 Edition, as amended) is amended by amending subsection(a) to read as follows: "(a) The following uses shall be permitted in the CDH district: ' (1) Adult day care homes. (2) Amusement and recreation facilities, indoor. (3) Art galleries. (4) Automobile service stations or garages, excluding body and fenderworks, electric tire rebuilding or battery rebuilding and provided that all work is conducted wholly within a completely enclosed building. (5) Bakeries. (6) Bars, cocktail lounges and night clubs. (7) Bed and breakfast establishments, as permitted under section 25-4-7. (8) Boarding facilities, rooming, or lodging houses. (9) Broadcasting stations or studios (radio and television). (10) Business services. (11) Car washing, provided that the facilities are not detrimental to the character of the district. (12) Commercial parking lots and garages. (13) Community buildings, as permitted under section 25-4-11. (14) Crop production. (15) Display rooms for products sold elsewhere. (16) Dwellings, double-family or duplex, with a maximum density of [one thousand] five hundred square feet of land area per rentable unit or dwelling unit. (17) Dwellings, multiple-family, with a maximum density of [one thousand] five hundred square feet of land area per rentable unit or dwelling unit. (18) Dwellings, single-family. (19) Family child care homes. (20) Farmers markets. When the vending activity in a farmers market involves more than just the sale of local fresh and/or raw produce, plant life, fish and local homegrown and homemade products for more than two days a week, the director, at the time of plan approval, shall restrict the hours of use, maintenance and operations and may require improvements as determined appropriate to ensure its compatibility with the existing character of the surrounding area. (21) Financial institutions. (22) Group living facilities. (23) Home occupations, as permitted under section 25-4-13. (24) Hospitals, sanitariums, old age, convalescent, nursing and rest homes and other similar uses. (25) Hotels and apartment hotels with a maximum density of five hundred square feet of land area per rentable unit. (26) Laundries other than those utilizing steam cleaning equipment, provided that the facilities are not detrimental to the character of the district. (27) Manufacturing, processing and packaging, light, provided that the activities are not detrimental to the character of the district. (28) Medical clinics. (29) Meeting facilities. (30) Model homes, as permitted under section 25-4-8. (31) Modeling agencies. (32) Museums and libraries. (33) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. (34) Offices. (35) Personal services. (36) Photography and artist studios. (37) Public uses and structures, as permitted under section 25-4-11. (38) Publishing plants for newspapers, books and magazines, printing shops, cartographing and duplicating processes such as blueprinting or photostating. (39) Repair establishments, minor. (40) Restaurants. (41) Retail establishments, provided that they are not detrimental to the character of the district. (42) Schools, business. (43) Schools, photography, art, music, dance or other similar studios or academies. (44) Schools, vocational. (45) Telecommunication antennas, as permitted under section 25-4-12. (46) Temporary real estate offices, as permitted under section 25-4-8. (47) Theaters, auditoriums and indoor sports arenas. (48) Utility substations, as permitted under section 25-4-11." • SECTION 2. Chapter 25, article 7, of the Hawai`i County Code 1983 (2005 Edition, as amended) is amended by adding a new section to be appropriately designated and to read as follows: "Section 25-7- . Required number of parking spaces. (a) The number of parking spaces required for double-family or duplex and multiple-family residential dwellings having a maximum density of five hundred square feet of land area per rentable unit or dwelling unit within the CDH shall be one off-street parking space per unit. (b) Off-site parking may be provided to satisfy parking requirements of this section, as approved by the director. Off-site parking means parking provided for residents of double-family, duplex, or a multiple-family residential development that is neither on a public street nor located on the same property as the residence, but is located within a reasonable distance of the residence, as determined and approved by the director. Off-site parking shall be unencumbered and made available for the exclusive use of the rentable units or dwelling units." SECTION 3. Material to be repealed is bracketed and stricken. Material to be added is underscored. In re-printing this ordinance, the brackets, bracketed and stricken material, and underscoring need not be included. SECTION 4. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application,and to this end, the provisions of this ordinance are to be severable. SECTION 5. This ordinance shall take effect upon its approval. INTRODUCED BY: .� COUNCIL MEMBER, COUNTY OF HAWAI`I , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE: Comm. 699 PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT AUGUST 2, 2012 A regularly advertised hearing on the COUNTY COUNCIL BILL 250 AMENDING CHAPTER 25, ARTICLE 7, DIVISION 2 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED) TO INCREASE RESIDENTIAL DENSITY, INCLUDING PARKING REQUIREMENTS, WITHIN THE DOWTOWN HILO COMMERCIAL DISTRICT was called to order at 11:55 a.m. in the County of Hawai`i, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai`i, with Chairman Zendo Kern presiding. COMMISSIONERS PRESENT: Zendo Kern, Dean Au, Ronald Gonzales, Wallace Ishibashi, Stephen Ono and Raylene Moses STAFF PRESENT: Ivan Torigoe (Deputy Corporation Counsel), B. J. Leithead Todd(Planning Director), Daryn Arai (Planning Program Manager), Phyllis Fujimoto (Staff Planner), Maija Cottle (Staff Planner), Jeff Darrow (Staff Planner), and Sharon Nomura (Secretary) And three people from the public in attendance. INITIATOR: COUNTY COUNCIL Bill No. 250 amending Chapter 25, Article 7, Division 2 of the Hawai`i County Code 1983 (2005 Edition, as amended), to increase residential density, including parking requirements, within CDH, Downtown Hilo Commercial District. KERN: Okay,No. 7, Initiator: County Council, Bill No. 250 amending Chapter 25, Article 7, Division 2 of the Hawai`i County Code 1983 (2005 Edition, as amended), to increase residential density, including parking requirements, within the CDH, Downtown Hilo Commercial District. Daryn, will you be doing the presentation on this? ARAI: Yes. Kern: Whenever you're ready. ARAI: Thank you, Mr. Chairman. The County Council referred to the Planning Commission Bill No.250 which would amend the Downtown Hilo Commercial Zoned District section of the Zoning Code to allow for an increase in density, or permitted density, within the Downtown Hilo District, as well as specifying some parking requirements. Now without going into detail about what the bill is trying to accomplish, when the Bill first came down to us, upon looking at it we realized that what the bill was attempting to accomplish failed to consider other sections of the Zoning Code that -. You know, I believe the best way of representing this is the Zoning Code is made up of many different parts. When you touch one part of the Zoning Code it affects another part. So you can't just touch one section and ignore the rest, because then you create a conflict between sections of the Zoning Code. 1 EXHIBIT A In this particular instance it was focused more on the parking requirements. They were trying to specify a certain amount of parking per residential unit when Downtown Hilo currently has no parking requirement. But what happened is they failed to look at amending another section of the Code which still said no parking required in Downtown Hilo. So for people like us, the planners, as well as anyone who has to adhere to the Code, when you look at the two sections of the Code, there will be a conflict. We did meet with Councilperson Ikeda who introduced the bill, and he understood what we were pointing out. And he was more than willing to work with our office to craft a proper bill, and he will then at that point reintroduce it. The reason this is coming back, coming before you, even knowing what we know, is because once the Council referred it down to the Planning Commission, there was no way for the Council to sort of pull it back. Once it goes, it goes. And at that point, the Planning Department is also compelled to recommend either approval or denial. There's no in between, which is why you'll see in the recommendation that we are recommending an unfavorable recommendation,but without prejudice. It's not like we're passing judgment on the proposal at this time. It's simply because we're going to look forward to the resubmittal of a bill that is properly constructed. So with that I stand ready to answer any questions that you have. KERN: Any questions for staff? Commissioner Ono. ONO: Is this a focus on the residential areas primarily,this parking problem, or is this-? Because I notice they're looking at the units being 500 square-foot. And so I'm kind of wondering as to where is the emphasis, industrial areas, or restaurants, or what? ARAI: The bill is only focused for the area designated Downtown Hilo Commercial by the Zoning Code, and that area is bordered by Kapiolani Street, and I think Ponahawai and Wailuku, so basically the old section of town,Downtown Hilo. Because of the way Downtown Hilo is designed,meaning the structures are all front loaded right up against the street,there's really no parking. Everybody has to park on the street. Many years ago the Council introduced or designated a special zoning classification, Downtown Hilo Commercial. And it's sort of like trying to accommodate the way Downtown Hilo evolved over a time. Residences above your commercial uses, sort of like a mixed use commercial district,no parking,no setbacks,because there's nothing, you know,no way for you to fit things on the property. So it was a special zoning district classification. But one thing it did was place a limit on the maximum density,residential density,permitted in Downtown Hilo, which is basically 1,000 square feet of land area per unit. The proposed bill was attempting to double the density up to 500 square feet of land area per unit. That is consistent with your General Plan,which designates Downtown Hilo for High Density Urban, as well as modifying the parking requirements. Because right now you could put a residential use; like an apartment complex,in Downtown Hilo,but no parking is required,no on-site parking is required. The bill was attempting to at least require one stall per unit. ONO: My next question,if you don't mind. KERN: Go ahead. ONO: I'm kind of wondering in terms of today's society one parking per unit is kind of not realistic,yeah? ARAI: Well, it depends on the locale. If you situate residential uses above commercial uses and in an area that has a mix of uses the assumption is that you become less vehicle dependent. Things are more within walking distance; and that's part of the concept. So people who have no desire to have a car and want to be situated in close proximity to support services and uses would, could find Downtown Hilo attractive. EXHIBIT A ONO: Well, let me clarify while I'm looking at, or pursue what I'm looking at. Most units, couples,have two cars. So here you're reducing from 1,000 to 500 and you're only looking at one parking. I don't think that's realistic if, you know -. ARAI: Well,right now the way the Code stands is that you could put a residential unit in Downtown Hilo with no parking. So if-. ONO: Yeah,but if we're making recommendations -? ARAI: Right -. ONO: Don't you-? ARAI: Well,I think that's why there are series of compromises in any bill. You try to strike a balance. In this particular case,because of the way the bill is constructed-. You'll notice the recommendation is without prejudice. It's because the Planning Director has not, sort of,vetted this whole thing through. When the new bill gets submitted,we're going to distribute it to the affected agencies,we're also going to ask the Downtown Hilo Association to comment on it and get their input,at which point the Director will offer its recommendation. KERN: Madam Director? LEITHEAD TODD: Yeah. I wanted to say that amongst the various CDPs and some of the community development efforts is the idea that you live, work,play especially in areas of higher density. So if you look at the Kona CDP,the idea is that you try to get people out of their cars. Downtown Hilo currently does not have a parking requirement for any of those buildings. It's all on-street parking. There is one or two that have a few, you know, parking stalls off And the vision of some of the people who are involved with Downtown Hilo is that if you've got commercial, residential, shopping opportunities,coupled with bus service so you have a bus stop in the area where you can go,that it lessens the need to have cars. Now that's a long-range vision. There are people who live in Downtown Hilo who don't have cars; and they can go to KTA,they can go to Sack N Save. If they want to go some place,they'll take a cab, go to Mooheau get a bus ride. This proposed bill, you know,we're still waiting for the next one, actually is imposing a parking requirement where there's currently no parking requirement Downtown. And it was based to some extent looking at other urban areas like San Francisco, what was the requirement on the number of stalls. It may not reflect the way we currently live in our homes. You know,hey, I've got two cars my house,right? One time we had four. And so I think a lot of the bills that you see,both in Kona as well as in Hilo which are more urban,is this kind of vision that they're trying to increase mass transit and decrease the use of vehicles. Whether that actually plays out or not,I don't know. But that's sort of the vision of where some people are going with the designs--both for the, some,when we did--on the Kona side we did the Kamakana Villages,the affordable housing project. And the people in Downtown Hilo,they actually want to attract a residential component. Whether this is the bill or not,we don't know. But there is that goal of trying to revitalize Downtown Hilo by having a residential component so that people are there more than just 8 to 4 or 8 to 5. KERN: Thank you,Madam Director. Commissioner Au? AU: You know, I'm surprised that the Hilo Downtown Association didn't respond. I know you said you're going to give them a chance to respond later, but I'm surprised that they didn't come and -. Or do you know where they stand on this? ARAI: The bill was never transmitted to them. And,because as soon as the bill came in,we saw that there were issues regarding the way the bill was constructed. So we didn't bother to send it to them. We were 3 EXHIBIT A actually trying to get the Council to withdraw the bill instead of forcing us to come up with a recommendation and conducting a hearing on it. You know,we were just trying to take the shortest route. It was sort of like kind of getting late to the hearing date when we realized they couldn't pull it back. So it kind of forced us to move forward. KERN: This appears to be a lot of housekeeping--that it went in,and once it got submitted we were forced to take it up even though it was already realized that it needs some work-. ARAI: And-. KERN: Prior to coming here. ARAI: I forget the way the rules,your rules say, but there are certain situations that if we don't act within 120 days it could be like a favorable recommendation. I don't recall if this was the case,but we just don't want an action by default. So -. KERN: Very good. Any other questions for staff? Seeing none, for the record,there is nobody from the public signed up to testify. So with that I'm willing to entertain a motion. Commissioner Au. AU: Mr. Chair, thank you. I move to send an unfavorable recommendation to the County Council regarding Bill No. 250 -. KERN: Is there a second? MOSES: Isn't it without bias? KERN: Prejudice. MOSES: Prejudice,prejudice? AU: Without prejudice, an unfavorable recommendation. Thank you, Commissioner Moses. MOSES: Second. KERN: Very good. Any discussion? Seeing none,take the vote. ARAI: Commissioner Au? AU: Aye. ARAI: Commissioner Moses? MOSES: Aye. ARAI: Commissioner Gonzales? GONZALES: Aye. ARAI: Commissioner Ishibashi? ISHIBASHI: Aye. 4 EXHIBIT A ARAI: Commissioner Ono? ONO: Aye. ARAI: Mr. Chairman? KERN: Aye. ARAI: Mr. Chairman, motion carries with six aye votes. KERN: Very good. Respectfully submitted, Sharon M.Nomura, Secretary Windward Planning Commission 5 EXHIBIT A