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HomeMy WebLinkAbout2014-05-15 Leeward Exh C (Amend Zoning Code Bill Nos. 191 & 192) LEEWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT MAY 15, 2014 COUNTY COUNCIL INITIATED AMENDMENT TO A regularly advertised hearing on the CHAPTER 25 OF THE HAWAI‘I COUNTY CODE, BILL NO. 191 AND BILL NO. 192, was called to order at 10:55 a.m. in the West Hawai‘i Civic Center, Community Center, Building G, 74-5044 Ane Keohokālole Highway, Kailua-Kona, Hawai‘i, with Chairman Brandi Beaudet presiding. COMMISSIONERS PRESENT: Brandi Beaudet, Geraldine Giffin, Thomas Hickcox, Collin Kaholo, Barbara Nobriga and Thomas Whittemore ALSO PRESENT: Bobby Command (Deputy Planning Director), Margaret Masunaga (Deputy Corporation Counsel), Jeff Darrow (Planner), Maija Cottle (Planner) and Noriko Sauer (Commission Secretary) And two 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. BEAUDET: Third item on today’s agenda, initiated by the County Council, an ordinance amending Chapter 25, Article 5, Division 14 of the Hawai‘i County Code 1983 by allowing Village Commercial zoning district uses within Limited Industrial zoning district. COMMAND: Maija, should we take these together or separately? COTTLE: Yeah, if it’s all right with the Chairman, these two bills are very similar; they are requesting to add in commercial uses to both industrial districts. So I’d like to just address them both at the same time, and then the Commission could vote on them separately. BEAUDET: Okay, sounds good. Should I introduce the other one, 192, as well? No need? COTTLE: No, no need. BEAUDET: Yeah? Just, okay, good. 1 EXHIBIT C COTTLE: We’ll make it short and sweet. Okay. So the County Council is initiating two bills, Bill 191 and 192, to change the permitted uses in the Limited Industrial and Industrial-Commercial Mixed zoning districts by adding uses that are currently permitted in the Village Commercial district. So just to give you an example, some of the uses currently permitted in Village Commercial district would include residences, schools, day care centers, and so by adding in those to the Limited Industrial and Industrial-Commercial Mixed districts, you are putting in those uses next to some uses that can cause a lot of noise or odor, more noxious uses like lumber yards, warehouses. And the Director feels that there should be some separation of uses to keep public health and safety in mind, and so for that reason he is recommending an unfavorable recommendation be forwarded to the County Council for both bills. And that’s pretty much all I have. Are there any questions? BEAUDET: Can you restate the last part again? One more time, please. COTTLE: From when? BEAUDET: Two sentences before the non-approval part. COTTLE: Okay. BEAUDET: The why. COTTLE: Basically, the why is because the Director feels that it’s better to keep a separation of uses between things like residences, schools and some of the more noxious uses like lumber yards, warehouses, used car lots. And so that’s the reason why he is recommending unfavorable recommendations on both bills. And each of our background reports includes a list of the uses that are currently permitted in CV; like if you look at the Bill 192 background report on Page 2, you know, you can see uses, such as adult day care homes, B&Bs, day care centers, dwellings. So by adding those to, for example, the Limited Industrial district, you would be putting those uses next to things like warehouses, self-storage facilities, truck, freight and draying terminals, recycling centers, lumber yards; these are uses that cause a lot of noise, a lot of truck traffic, a lot of smell, early morning hours. BEAUDET: So, with that, just to open dialogue, how does the designated uses here relate to what we currently have in the Kailua Industrial Area? I mean we have lumber, restaurants, dive shops, at Kona Commons right next door, there is clubs. Aren’t we currently operating under this proposed mixture of activities? I mean, and I’m asking this without a clear understanding of the definition of every type of business that is in the Kailua Industrial Area. COTTLE: Yeah, I believe the Kailua Industrial Area, if I’m not mistaken, and correct me if I’m wrong, is currently zoned Limited Industrial, ML. So, and there are I think three other areas on the island that are zoned ML, Shipman Industrial, the industrial areas in Hilo along Kanoelehua. So I think the Director is looking at for adding, you know, things like residences and schools, in the Limited Industrial district may not be appropriate because those tend to be more noxious uses; but perhaps adding them, or considering adding some of those uses to the Industrial-Commercial Mixed district, which is more like the Kona area, might be more appropriate. But we want to work with Council, and look at each permitted use and see what is and isn’t appropriate for those districts. 2 EXHIBIT C COMMAND: I think I might be able to give you a little more interpretation on the Old Industrial Area, Kona Industrial Area. Some of the uses there may appear to be retail, for instance Ace Hardware, places like that, but I believe what is allowed there is a warehouse with a retail outlet in front of it as long as the warehouse is the -. I guess it’s an accessory use, is it? Or is it, is that what it’s called? If you look in the Code, and I don’t know if we want to go through this but, it does allow for those things as long as the warehouse is there. There were lumber places, lumber operations, that did have retail in front of them, but the use for the most part was the warehouse. One of the other things, and it’s hard to control sometimes, but there could be illegal uses there that may appear to be, you know, legal. BEAUDET: My comment was more based on the, you know, if the Director’s recommendation was in contrast to what was already being operated, you know, if what we currently have in the Kona Industrial Area contradicts the Director’s recommendation, yeah? And so when I read this, I was like, hmm, you know, not knowing the true definition of all of the operations there, you know, you’ve got the market place, I don’t know the street’s name but, just up the road when you come down the steep entryway, right? And then, so I just wanted to open that up for discussion, and maybe staff had some insight on that for me. HICKCOX: Mr. Chair, if I may? BEAUDET: Go ahead. HICKCOX: It appears that the proposal initiated by Bill 191, 192 is attempting to somewhat clump things together, yeah, as opposed to keeping it separate. And if I’m reading the Director correctly, it appears that he wants to really keep things separate for one, but then on the other hand, not lose the ability to look at individual applications as they come in, you know, and with this clumping together, for the lack of any better word, right, it would be more looking on the side of conservancy as far as being allowed to look at each application separately rather than grouping it. I don’t know. That’s my take on it anyway. I don’t know. Staff? COTTLE: I think that’s fairly accurate as far as not wanting to mix industrial and, say, residential or school uses. Of course, people always have an opportunity to come and rezone their properties based on what use they want to establish there. I think what the Department would like to do is work with Council to try to formulate maybe a new bill that is trying to accomplish the intent of these bills, but maybe still create a little bit more separation of uses than what they are proposing here. BEAUDET: Thank you. I appreciate the conversation and the clarifications. Any more comments from the Commissioners for staff? COMMAND: I have a question of staff. I’m wondering, if you can tell me, and you are probably the wrong person to ask, because no one from the Council is here, but what prompted this? What was the reason that this was introduced? Was there a specific area or a reason that this was proposed? COTTLE: There was no reason given with the bills. 3 EXHIBIT C BEAUDET: Okay, if there are no further comments or questions from the Commissioners, there is no -. KAHOLO: Mr. Chair? BEAUDET: Yes. KAHOLO: Yeah, I’ve got a question. Are we combining two bills together -. COTTLE: No. KAHOLO: On our decision here? COTTLE: We are keeping them separate. KAHOLO: Yeah, okay. Because if I look at 191 and 192, there is a separation with CV, MCX, you know, two different codes in there, what is required under different section. COTTLE: Right. A lot of the uses that are, a lot of the industrial uses that are listed under permitted uses in the MCX district, are also included in the ML district, because they tend to be light industrial uses, a little bit more commercial in nature. So most of those uses are included in the Light Industrial district, which tends to be heavier industrial uses; so the assumption is if it’s good for the MCX district, has little impact here, of course it would be good for the Limited Industrial district, which has heavier industrial uses. So this is why the Director is saying maybe it would be good to mix some, you know, residential uses, school uses, more commercial uses into the MCX district, but not necessarily the Limited Industrial district. And that’s why we are looking at these separately. KAHOLO: Yeah, looking at what I’m reading here, you know, I can see the difference; first is, you know, school or elementary type or day care center versus what we’ve got out there, you know. It would make more sense what the Director is looking at. BEAUDET: Thank you for everyone’s comments. We have had no one from the community to sign up for testimony, so I’d like to ask our attendees, attendee, one last time. With that, if there is no further comment or discussion by the Commissioners, I would like to ask for a motion. And as previously determined, a motion on both of the agenda items, but the motion shall be stated separately for record keeping. Commissioners? WHITTEMORE: Mr. Chair? BEAUDET: Yes. WHITTEMORE: I’d like to make a motion that we send, the Planning Commission send an unfavorable recommendation to the County Council on Bill No. 191 – you want us to consolidate them? BEAUDET: You can say along with, yeah? 4 EXHIBIT C WHITTEMORE: Along with Bill No. 192. KAHOLO: Second. BEAUDET: It has been moved by Commissioner Whittemore and seconded by Commissioner -. KAHOLO: Collin is okay. BEAUDET: Collin Kaholo that an unfavorable recommendation be sent to the County Council in regard to Bills No. 191 and 192. COTTLE: Okay, thank you, Mr. Chair. Commissioner Whittemore? WHITTEMORE: Aye. COTTLE: Commissioner Kaholo? KAHOLO: Aye. COTTLE: Commissioner Giffin? GIFFIN: Aye. COTTLE: Commissioner Hickcox? HICKCOX: Aye. COTTLE: Commissioner Nobriga? NOBRIGA: Aye. COTTLE: And Mr. Chair? BEAUDET: Aye. COTTLE: Okay, the motion passes, six-zero, for both bills. The discussion ended at 11:15 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 5 EXHIBIT C