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HomeMy WebLinkAbout2014-05-01HEARINGTRANSCRIPT-COUNCILINITIATEDBILL191&192 WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT MAY 1, 2014 County Council Initiated Bill No. 191 and A regularly advertised hearing on the application of Bill No. 192 was called to order at 10:10 a.m. in the County of Hawai‘i, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai‘i with Chairman Ronald Gonzales presiding. COMMISSIONERS PRESENT: Ronald Gonzales, Charles Heaukulani, Gregory Henkel, Wallace A. Ishibashi, Jr., Raylene Moses, and Stephen Ono. ABSENT AND EXCUSED: Myles Miyasato. ALSO PRESENT: Duane Kanuha (Planning Director), Margaret Masunaga (Deputy Corporation Counsel for the Windward Planning Commission), Amy Self (Deputy Corporation Counsel for the Planning Director), Jeff Darrow (Staff Planner), Maija Cottle (Staff Planner), Sarah Hata-Finley (Secretary), and Melissa Dacayanan (Planning Commission Support Technician). And approximately 31 people from the public in attendance. INITIATOR: COUNTY COUNCIL (Bill No. 191) An ordinance amending Chapter 25, Article 5, Division 14 of the Hawai‘i County Code 1983 (2005 Edition, as Amended) by allowing Village Commercial (CV) zoning district uses within the Limited Industrial (ML) zoning district. INITIATOR: COUNTY COUNCIL (Bill No. 192) An ordinance amending Chapter 25, Article 5, Division 14 of the Hawai‘i County Code 1983 (2005 Edition, as Amended) by allowing Village Commercial (CV) zoning district uses within the Industrial-Commercial Mixed Use (MCX) zoning district. GONZALES: We have Items 5 and 6. I think we’re gonna put them together. Maija’s going to do them both. COTTLE: Thank you, Mr. Chair. GONZALES: All right. COTTLE: I don’t have a presentation for the next two items because they’re related to Code amendments, Zoning Code amendments. And I’m just going to go ahead and combine the presentation since the two bills are very similar. So, these are two bills initiated by the County Council. And what they’re proposing to do is add the permitted uses in the Village Commercial district to the Limited Industrial and Industrial 1 EXHIBIT E Mixed zoning districts. And just to give you an example of some uses that are currently in the CV district, that would include residences, schools, day care centers, and these currently are not permitted in the Industrial zoning districts. So, these bills would change that and allow those uses in Industrial areas. Obviously, with zoning, you want to create some separation between noxious uses and non- noxious uses like you know things that cause noise, odor, and so for that reason, the Director is recommending an unfavorable recommendation be sent to the County Council for both of these two bills. We, we’re recommending that based on that reason and also if you look at page—let’s see, let’s take Bill 191. That’s the one proposing to go from, to allow CV uses in the ML district. If you look at the very last page, it’s page, it says page 2 on the bottom and it’s a listing of the permitted uses in the ML district. So, the way the Council is changing the language, it’s basically incorporating any permitted use in the CV district into ML. So, rather than listing specifically the uses, they’re just trying to incorporate it by reference, and there’s a little concern with that approach because let’s say ten years from now, the Council wants to come in and change and add more uses to the CV district. Those would automatically then be allowed in the ML district. So, we think the better approach is to specifically list what use is allowed in each district. So, those are the two reasons that we’re recommending an unfavorable recommendation to the County Council. Are there any questions? GONZALES: Any questions for staff? Okay, Maija, so you’re recommending unfavorable because you don’t, it doesn’t seem right to the Department to allow these kinds of things in those zoned areas— COTTLE: Yes, in the industrial districts— GONZALES: Okay. COTTLE: Yeah, and it might be better if the Council’s considering this, to you know just take a more comprehensive approach. Maybe we need to start looking at all of these uses allowed in each of the districts. GONZALES: Very good. No questions? Thank you. I have no public testimony for either of these items. So, Commissioners, I’d like to entertain a motion. We’ll do them one at a time. First number five, then number six. What is it, Bill 191 and then Bill 192. Anybody? Motion? HENKEL: Can I get a clarification from Maija? If I understand it right, the bill permits these specific businesses in the ML and you’re and the Planning Director would rather take it on a case-by-case basis as the needs arise? COTTLE: So, the bill currently lists what is already permitted in the ML district. And then, they’re proposing to just incorporate by reference uses that are permitted in CV. So, if you look at the draft bill for Bill 191, anything that’s not underlined is currently already permitted in the ML district. And then, you see Page 2 under Item B, it says in addition to those uses provided in 2 EXHIBIT E subsection (a), all other uses permitted in the CV district as provided in the CV district section of the Code shall be permitted in the ML district. So that’s what I mean by they’re incorporating the uses by reference rather than adding them to that list. Does that make sense? HENKEL: Yes, it does. Thank you for the clarification. GONZALES: Would you like to make a motion Commissioner Henkel? HENKEL: Sure. I’d like to move that the Planning Commission deny or recommend denial to the County Council on Bill No. 191. Is that the correct phrasing? COTTLE: An unfavorable recommendation. HENKEL: Unfavorable recommendation. ONO: I second. GONZALES: Motion for unfavorable recommendation by Commissioner Henkel seconded by Commissioner Ono. Any discussion? KANUHA: Mr. Chairman? GONZALES: Yes sir. KANUHA: You might want to you know just summarize. This particular bill, actually the next bill that comes out, the MCX bill, that incorporates that the Council is proposing to incorporate some of the commercial uses into the MCX bill--the way they approached it, we thought was problematic although for the MCX component, we don’t you know have a lot of heartburn because you know it is a zone that you know allows a combination of commercial and industrial uses. But with regard to Bill 191, after a lot of discussion, the staff you know and I agree with them and basically felt that the--there just needs to be zones better reserved for industrial you know rather than having too much of a mix between commercial in there. You know, there are basically only three industrially zoned areas that carry this particular zoning. Okay, there’s the industrial area in Kona, the Liliuokalani property, you have Kanoelehua over here in Hilo, and then Shipman. So those are the three ML, main ML zoned areas, and again, the Department’s position is that for those areas to just be set aside for those types of uses. And as a correlation to that, you know we’ve had a—the Commission is always particularly been faced with items like you had to address today you know where you have industrial uses by special permit and wanting to be established you know in outlined areas. Again, that, from our standpoint, that gives us more of a foundation to make sure that in the event they do look for areas for the type of uses they want to do, that there is reserve for them—industrial type uses. Okay, thank you. GONZALES: Thank you, Mr. Director. I believe, roll call? COTTLE: Yes, the motion was to send an unfavorable recommendation to the County Council for Bill 191. Commissioner Henkel? 3 EXHIBIT E HENKEL: Aye. COTTLE: Commissioner Ono? ONO: Aye. COTTLE: Commissioner Heaukulani? HEAUKULANI: Aye. COTTLE: Commissioner Ishibashi? ISHIBASHI: Aye. COTTLE: Commissioner Moses? MOSES: Aye. COTTLE: And Mr. Chair? GONZALES: Aye. COTTLE: Okay, the motion passes six, zero. And Bill 192? GONZALES: All right. Bill 192. Commissioner Henkel? You’re on a roll? You want to take that one out, too? HENKEL: I’ll pass. GONZALES: Okay, and I want to note for the record that there is no public testimony for either of these items so a motion would be in order. KANUHA: Mr. Chairman? GONZALES: Yes sir. KANUHA: Again, you know to help the Commissioners, to kind of understand where we’re coming from as it relates to this particular bill which is to incorporates CV, Village Commercial, uses within the Industrial Commercial MCX zoning, I think the gist of where we’re coming from can be found on Page, Pages 3 and 4 of the Background. There’s one-two-three, there’s about four paragraphs which basically give you a snapshot of what our concerns are, but also some concessions that we think we could also, we could support. Let’s put it that way. GONZALES: Thank you, Mr. Director. 4 EXHIBIT E ISHIBASHI: Question. GONZALES: Yes sir. ISHIBASHI: Thank you. The Leeward Planning Commission. Any discussion from that side? COTTLE: This has not gone before them yet, but it will at their next meeting. ISHIBASHI: Okay. I’d like to entertain a motion that with regards to Bill 192 that we send an unfavorable recommendation to the County Council. MOSES: Second. GONZALES: Motion for unfavorable recommendation by Chairman Ishibashi and seconded by Commissioner Moses. Any discussion? Okay, Maija. COTTLE: Thank you. Commissioner Ishibashi? ISHIBASHI: Aye. COTTLE: Commissioner Moses? MOSES: Aye. COTTLE: Commissioner Heaukulani? HEAUKULANI: Aye. COTTLE: Commissioner Henkel? HENKEL: Aye. COTTLE: Commissioner Ono? ONO: Aye. COTTLE: And Mr. Chair. GONZALES: Aye. COTTLE: The motion passes six, zero to send an unfavorable rec to the County Council. 5 EXHIBIT E GONZALES: Thank you. The discussion ended at 10:22 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 6 EXHIBIT E