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HomeMy WebLinkAboutCOM 0376.001 1998-2000 ,N1V OF M~4 Virginia Goldstein ~~Ci- 9 Dirvclnr Stephen K. Yamashiro L6dQ; Mayer Russell Kokubnn - : Deputy Direrlnr . •i'~~" r rri oF~x~% (~II>xrrfg u~ ~tzfuttii PLANNING DEPARTMENT 25 Aupuui S[reel, Room 109 • Nilo, Hawaii 96720-4252 (808) 961-8288 • Fax (808) 961-8742 CIS CD July 8, 1999 pn 1~ ~ i ~ Honorable James Y. Arakaki, Chairman ' ~ i- ~ ' and Members of the County Council j, a co County of Hawaii rv 25 Aupuni Street ~ Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 99-011) Request: RS-10 to CN-10 Applicant: Scott T. Nakahara Tax Map Key: 4-5-21:60 Attached is the Planning Commission's June 18, 1999 minutes on the above subject matter referred to in the Planning Commission's July 6, 1999, letter to you. Should you have any questions, please contact Alice Kawaha in the Planning Department at 961-8288. Sincerely, lNt:Y'~'I t ~ y~~~l~ 1(~L/ '~trginia Goldstein Planning Director Comm. No. '.~1/G`• ~0~ File No. 'NM Ref. To: Ref. Date JUL 0 8 1999 PLANNING COMMISSION COUNTY OF HAWAII MINUTES June 18, 1999 The Planning Commission met in regulaz session at 9:00 a.m. in the County Building, Councilroom-Room 201, 25 Aupuni Street, Hilo, Hawaii, with Chairman Leonazd S. Tanaka presiding. PRESENT: Leonazd S. Tanaka ABSENT & EXCUSED: Grant Togashi Richazd Baker, Jr. Geraldine Giffin Florence Kubota Mildred Mosher Lin McIntosh James Souza Virginia Goldstein, Planning Director (From 9:42 a.m.) Alice Kawaha, Staff Planner Susan Gagorik, Staff Planner Fred Giannini, Deputy Corporation Counsel Casey Yanagihaza representing the Department of Public Works Glenn Ahuna representing Department of Water Supply The Chair introduced the Commissioners and staff to members of the public. All those testifying were duly sworn in. CHANGE OF ZONE The Commission took this item up at 9:03 a.m. with AKANA TRUST approximately 8 people from the public in attendance. WAIAKEA, SOUTH HILO APPLICANT: AKANA TRUST - Application for a Change of Zone by changing the district classification from Single Family Residential (RS-10) to General Commercial (CG-20) for approximately 41,010 square feet of land. The property is located at the southwest corner of the Kinoole Street and Lanikaula Street intersection, Waiakea Houselots Second Series, Waiakea, South Hilo, Hawaii, TMK: 2-2-25:24. (SEE EXHIBIT A) SMA USE PERMIT 337 The Commission took this item up at 9:28 a.m. with PLANNING DIRECTOR approximately 4 people from the public in attendance. (AMERICAN FENCE) SOUTH HILO PLANNING DIRECTOR INITIATED -Revocation of Special Management Area (SMA) Use Permit No. 337, granted to American Fence Company, Ltd., which allowed the construction of a 30,000 squaze foot wazehouse and office addition and related improvements. The property is located on the makai side of Kalanianaole Street approximately 150 feet east from its intersection with Kea Street, South Hilo, Hawaii, TMK: 2-1-7:9 (formerly 9 & 10). Ms. Kawaha oriented the Commission and public of the subject and surrounding properties on the location map and site plan, summarized the request, and noted the Planning Director recommended revocation of the permit. Neither the applicant nor its authorized representative was in attendance. There was no one from the public wishing to testify on this agenda item. It was moved by Commissioner Baker and seconded by Commissioner Mosher that SMA No. 337 be revoked as recommended by the Planning Director. A roll call vote was taken and motion carried with six ayes (Baker, Mosher, Kubota, McIntosh, Souza, and Tanaka) and two absent and excused (Giffin and Togashi). RECESSED The Chair called a short recess at 9:30 a.m. RECONVENED The meeting reconvened at 9:40 a.m. CHANGE OF ZONE The Commission took this item up at 9:40 a.m. with DR. SCOTT NAKAHARA approximately 5 people from the public in attendance. KAAO, HAMAKUA APPLICANT: DR. SCOTT T. NAKAHARA - Application for a Change of Zone by changing the district classification from Single Family Residential (RS-10) to Village Commercial (CV-7.5) for approximately 20,851 square feet of land. The property is located in the Honokaa Sugar Company Subdivision, approximately 280 feet east of the Mamane Street and Ohia Street intersection at Kaao, Hamakua, Hawaii, TMK: 4-5-21:60. Ms. Kawaha oriented the Commission and public of the subject and surrounding properties on the location map and site plan, summarized the request, and noted the Planning Director's unfavorable recommendation on the application as the location of the subject property is not within the General Plan Medium Density Urban azea and there is insufficient water. The Chair noted for the record, the Depaztment of Water Supply's June 15, 1999 comments. For the Commission's information, he read into the record portions of the County Council transcript regarding the adjacent property's rezoning to a CV zoned district. -2- The applicant, Gregory Mooers, gave some background information, pointing out that Doctor Nakahara sought to relocate his dental office from the adjoining property because of a dispute in the ownership of the land. He said the applicant has undergone an EPA Remediation to remove any environmental hazazds on the subject property which was used as a storage and distribution facility by Union Oil Company. ARer some discussion he amended his application to a CN zoned district to comply with the General Plan. Mr. Mooers summarized the various correspondences from the Department of Water Supply who acknowledged that the applicant has two water meters. In response to the correspondences, he said the Fire Department of3-icial indicated he did not think there would be a problem on this rezoning request since there had been no problems with the previous dental office having plan approval. He added that the official noted that they would look at a number of issues in the plan approval process (such as the material of the structure, the ability to sprinkle the facility and the Fire Station being approximately 1,000 feet away from the subject property). He stated that Dr. Nakahaza's water usage is 275 gallons per day, which is less than half for a residential unit of 600 gallons per day, the use of the property is not something new and obtrusive but actually of a lower density and less of an intrusion or nuisance to the community than a storage and distribution facility, and that the community is in support of the application. Director Goldstein said she had no problems with the application being changed from a CV to a CN designation, provided that the water issue can be resolved. Commissioner Souza said he did not feel the azgument that the proposed use would be less of an impact than what it was previously used for was a good azgument because the prior use was nonconforming. Mr. Ahuna explained that in 1998 the Department of Water Supply changed their internal staff policy to state that they would recommend against any applications for change of zones, special permits or subdivisions until such time another well becomes available inasmuch as should their one well break down or if there is a bad drought situation they would be in an emergency situation, noting they no longer have aback-up well since the Department of Health has prohibited them from using the water from the lower Hamakua ditch that comes by their tank. He said although the fire flow is a condition that the Fire Department can look at also, the Department of Water Supply feels the existing system is inadequate to accommodate the rezoning, pointing out that their main concern was setting a precedent for other such applications. Commissioner McIntosh noted that it appeazed that literally there was no place for Dr. Nakahaza to locate his practice in the azea. In response to Commissioner Baker's inquiry, Mr. Ahuna clarified that the Department of Water Supply would have no problem with the application as long as water is not taken from the County system, noting the transmission line of the County is for both fire and domestic uses; and he added that it was possible for the Fire Department to apply to the Commission on Water -3- Resources to take water from the Hamakua ditch for fire fighting purposes, not for drinking purposes. In response to Chairman Tanaka's inquiry on what is being done to accommodate the growth in the azea, Mr. Ahuna said the Department of Water Supply is considering in its review of their 5-yeaz CIP Program to upgrade the system as the County has been unsuccessful to have the Legislature appropriate the shortage of $500,000 that the State needed to complete the well improvements. He noted that an alternative is to have developers do the well, turn it over to the County, and the County give the developers credit for it. In response to Commissioner McIntosh's inquiry, Mr. Ahuna explained that the Department of Water Supply does not sign off on the certificate of occupancy, which puts them at a disadvantage; and he asked the Commission to consider this factor in their decision making process. Mr. Mooers at this time said he felt the issue of fire flow can be addressed in a variety of ways, such as the building being constmcted out of concrete and installing sprinklers or water tanks. He said he did not have a problem with the policy established by the Department of Water Supply to deny applications but he thought this was a unique situation in that this project stazted in October at the time when water was available and the policy was not in place. He asked the Commission to consider the fact that a precedent would not be established inasmuch as there aze no other change of zones in the planning process at this time for the azea. Mr. Ahuna clarified that it was during the subdivision process for the two lots that the Department of Water Supply was going through a transition period to change its policy; however, the policy was in effect when the change of zone application was submitted, although they did not state it in their original letter. It was moved by Commissioner McIntosh and seconded by Commissioner Mosher to send a favorable recommendation to the County Council on the revised application for a CN-10 zoning designation, with the Planning Director to draft the necessazy conditions. Commissioner McIntosh commented there were alternative ways to solve the fire flow problem aside from a fire hydrant, the applicant would have to address the fire concern to obtain fire insurance, and there were enough safeguazds in place that this one reclassification would not create an impact to the community, noting the density would not be increased by this rezoning. Commissioner Souza said he supported the application as no complaints have been received regazding the existing dental office that is in operation and the use would not change. Chairman Tanaka said there have been very unusual circumstances involving this application and there are ways to mitigate the concern of the fire flow. A roll call vote was taken and motion carried with six ayes (McIntosh, Mosher, Souza, Baker, Kubota and Tanaka) and two absent and excused (Giffin and Togashi). RECESSED The Chair called a short recess at 10:28 a.m. -4-