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Home My WebLink AboutREP PC 076 2014/08/20 (2012-2014)OFFICE INFORiNIATION ONLY Meeting: Council —September 5, 2014 Action: Withdrawn by introducer (Kern). He: Biit 278; Comm. 978 (2012-2614 term); PC -76 not adopted) REPORT OF THE COMMITTEE ON PLANNING REGARDING: Communication No. 978/Bill No. 278 DATE: August 20, 2014 LOCATION: Council Chambers, Kona, Hawaii TITLE: AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL — 10,000 SQUARE FEET (RS -10) TO NEIGHBORHOOD COMMERCIAL — 10,000 SQUARE FEET (CN -10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-034:072. EXPLANATION: Bill No. 278 was transmitted by Mayor William P. Kenoi, via Communication No. 978, dated July 22, 2014. The area covers 22,500 square feet. The applicant is LK & RR Enterprises, LLC. A motion to approve Bill No. 278, and send to Council with a positive recommendation was made by Mr. Onishi and seconded by Mr. Kanuha. The Windward Planning Commission forwards its favorable recommendation for the applicant's request for change of zone, which would allow the applicant to convert an existing steel - framed dwelling into an office and retail complex. A testifier in opposition of Bill, present in Hilo, presented information challenging the request of zone change, with an oral and written testimony providing pictures of the questionable activity supporting her opposing testimony. The applicant, Lee Kunimitsu, present in Hilo, and his planning consultant, Sidney Fuke, present in Kona, were available to provide comment and answer questions by committee members. Prior to discussion by committee members, Mr. Fuke, representing the applicant, offered background information of the applicant's process and actions, while also addressing the concern raised by the Hilo testifier. Mr. Fuke mentioned a similar concern was brought forth during review by the Planning Commission. Nevertheless, after independent research by Mr. Fuke, the building permit was legitimately processed and approved by the County for the structure that currently exists for a single family residence. Mr. Fuke also mentioned the plan approval process will be initiated and PC -76 Page 2 August 20, 2014 the necessary requirements would need to be in compliance should the rezoning be approved. Committee members held two rounds of discussion. Mr. Onishi requested representatives from the Planning Department, Planning Program Manager Daryn Arai and Deputy Planning Director Bobby Command, and the Department from Public Works, Director Warren Lee, to come before your Committee and explain to the public on the happenings with this particular process. All representatives explained the application process through their respective department, which basically concluded that the application was handled by what the applicant had submitted. Committee members expressed strong concern of the intended use of the structure while viewing three photographs, submitted by the Hilo testifier, which appears to be in violation of what was permitted. Confirmed by the Planning Department representatives, complaints were received, investigations were conducted accordingly, and with recent findings, a citation will be issued to the applicant. After a lengthy discussion, a motion was made by Committee Member Wille, to postpone this item to the call of the Chair; however, this motion had failed with six noes. Your Committee agreed to move forward with respects to both the Planning Department and the Department of Public Works, that corrective actions will be initiated by the next Council meeting. Should there be no corrective action to report by the next Council meeting, a motion to postpone may be made at that time. RECOMMENDATION: Positive; passage of Bill No. 278 at first reading. For the record, Committee Member Kanuha voted "kanalua," then "aye." ZK/nm Respectfully submitted, COMMITTEE ON PLANNING DO KERN, CHAIRPERSON PC REPORT NO. 76 ADOPTED: AYES NOES ABS EX EOFF X FORD X ILAGAN X KANUHA X KERN X ONISHI X POINDEXTER X WILLE X YOSHIMOTO X Respectfully submitted, COMMITTEE ON PLANNING DO KERN, CHAIRPERSON PC REPORT NO. 76 ADOPTED: