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Home My WebLink About2014-09-04 Hearing Transcript-PD Initiated MCX WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT SEPTEMBER 4, 2014 Planning Director Initiated Amendment to Chapter 25 A regularly advertised hearing on the relating to zoning district regulations for dwellings within the MCX zoning district was called to order at 1:15 p.m. in the County of Hawai‘i Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai‘i with Chairman Myles Miyasato presiding. COMMISSIONERS PRESENT: Myles Miyasato, Charles Heaukulani, Gregory Henkel, and Raylene Moses. ABSENT AND EXCUSED: Stephen Ono. ALSO PRESENT: Duane Kanuha (Planning Director), Margaret Masunaga (Deputy Corporation Counsel for the Windward Planning Commission), William Brilhante (Deputy Corporation Counsel for the Planning Director) from 1:02 p.m., Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner), Maija Jackson (Staff Planner), to 6:30 p.m., Christian Kay (Staff Planner), Sarah Hata-Finley (Commission Secretary), Kim Tanaka (Secretary), to 4:30 p.m., and Melissa Dacayanan (Planning Commission Support Technician), to 4:30 p.m. And approximately 37 people from the public in attendance. INITIATOR: PLANNING DIRECTOR An ordinance amending Chapter 25 (Zoning Code), Article 5 of the Hawai‘i County Code 1983 (2005 Edition, as amended), relating to zoning district regulations for dwellings within the Industrial-Commercial Mixed (MCX) zoning district. The purpose of this amendment is to allow double- and multiple-family residential dwelling units within the MCX zoning district. MIYASATO: Item No. 5 on the agenda. Initiated by the Planning Director. ARAI: Hi, good afternoon, Mr. Chairman, Commissioners. If I may direct your attention to the presentation screen. What you have before you, again, is a Director initiated request to amend the Zoning Code to allow double family and multiple family dwellings within the MCX zoning district. MCX basically means Industrial-Commercial. The reason for the initiated amendment was because you may recall in the middle of this year, the Council introduced Bill 191 which allowed, which sought to allow Village Commercial zoning district uses in the Light Industrial zoning district, and Bill 192, which sought to allow Village Commercial zoning district uses in the Industrial-Commercial Mixed zoning district or MCX. Both the Windward and Leeward Planning Commissions voted to send an unfavorable recommendation on both bills to the County Council. 1 EXHIBIT E In the alternative, the Director would like to offer for your consideration this Director initiated bill that would allow for Double Family and Multiple Family residential component to the MCX zoning district. According to the Hawai‛i County Code, Chapter 25, the Zoning Code, the purpose of the MCX zoning district is to allow a mix, a mixing of some industrial uses with commercial uses. The intent of this zoning district is to provide for areas of diversified businesses and employment opportunities by permitting a broad range of uses without exposing non-industrial uses to unsafe and unhealthy environments. The MCX zoning district is intended to promote and maintain a viable mix of light Industrial and Commercial uses. In addition, according to the County of Hawai‛i General Plan, Chapter 14, Land Use, mixed use light industrial and commercial zones may include, but not be limited to, wholesale, retail, office uses, and personal and business services. The Director believes that there is support to allow Double Family and Multiple Family residential uses within the MCX zoning district. The MCX zoning district has excluded those uses generally considered unsafe and hazardous and relegated those uses to the Limited Industrial and General Industrial zoning districts. However, the viability of a mixed use commercial and light industrial zone, typified by uses allowed in the MCX zoning district, can be supported by an integrated residential component. The MCX zoning district currently accommodates art galleries, museums, bars, nightclubs and restaurants, churches, farmers markets, banks, personal services, stores, vocational and business schools and theaters, among other similar uses. What is missing is a higher density residential component like apartments and condominium complexes that would help to sustain a viable mixed use community. So, for those reasons that is why you have before you the Director’s proposal to allow for Double Family and Multiple Family residential uses within the MCX zoning district. However, I did want to emphasize that both the Fire Department and the Department of Public Works, who were provided a copy of the proposed amendment, have expressed some concerns regarding the proposed amendment, and their memorandum has been provided to you as exhibits to the Background Report that we provided to you earlier. So with that, I stand ready to answer any questions that you may have. MIYASATO: Do you have any questions, Commissioners? Commissioner Henkel? HENKEL: Daryn, I think one of the Fire Department concerns was having residents living around like commercial spray painting operations and stuff. What has been done to mitigate that concern if anything? ARAI: As far as mitigating, nothing specifically. Normally, we would hope that—you know, residential use is just one class of use. There are other type of uses that are allowed in the MCX zoning district, commercial uses for example. And even those type of uses can be impacted by fumes or smells that could be generated by like--I think they made reference to automotive painting. But, we would hope that existing government regulations would prevail when it comes to odors, emissions, and fumes from those type of activities because whether it’s residential or other type of permitted use, I mean, those potential impacts still remain the same. 2 EXHIBIT E HENKEL: So, if there were any problem areas, it would be like the Department of Health or someone that would, that would probably watch— ARAI: Yes, I believe it is the Department of Health that would look into those type of emission controls. I think they state even in the letter normally it is done in spray booths, right? So, the booth itself was supposed to capture but apparently you know they are still receiving complaints about the smell. HENKEL: Thank you. MIYASATO: Any other questions, Commissioners? If not, we have no public testimony on this matter. Oh, okay. ROSANOFF: I’ll just take a minute. I’m fast. MIYASATO: Please raise your hand. ROSANOFF: Yes. MIYASATO: Do you swear or affirm to tell the truth on this matter now before the Hawai‛i County Planning Commission? ROSANOFF: I do. MIYASATO: Could you please state your name and residence? ROSANOFF: My name is Andrea Rosanoff. I live at 13-1255 Mālama Street in Pāhoa, Hawai‛i. MIYASATO: You have three minutes. ROSANOFF: Thank you. If this is as I understand it, I’m speaking—I recently sold the building that my husband and I owned which was a residential one in Hilo, Hawai‛i on Ululani Street, and we ran that as a 12-unit building for 12 different families for 11 years, no 14 years. And it was close to Hilo, and I’d be right to downtown. And the thing that was really beneficial to most of the people who came and wanted to stay there, and it was a really affordable housing, was that the elderly people, the young families who couldn’t afford a car, and two disabled people found it so convenient because they could walk to all the services of Hilo, Downtown Hilo. They could go to the grocery store. They could go to McDonald’s. They could go to yoga. They could go to the movies. They could go anywhere they wanted to without having to have a car, and it was really a benefit. In fact, we had some elderly residents who were given the choice to move out to assisted housing for elderly way out up Pepe‛ekeō, and they didn’t want to go because they didn’t want to be so far. They didn’t want to be dependent on transportation. So, as I understand this, and we always thought it would be really great if Downtown Hilo could allow residents to live there. The thing that stopped it before was the place for them to park the 3 EXHIBIT E cars, but what I wanted to emphasize is if people can live right there, many of them don’t have to have a car. They don’t have to park a car, and it would give more business to the Downtown Hilo people because it would build up that community even more than it already is, and so, if this is what I understand it to be, I want to recommend a positive thing for this. Thank you very much. MIYASATO: Thank you. Are there any questions, Commissioners? Any discussion, Commissioners? If not, I will accept a motion. HENKEL: I’d like to make a motion that this Commission give a favorable recommendation to the Planning Director’s proposed amendment to Chapter 25 of the Zoning Code, Article 5, Hawai‛i County Code 1983 (2005 Edition, as amended). MOSES: Second. MIYASATO: It’s moved by Commissioner Henkel and seconded by Commissioner Moses. Any discussion on the motion? Go ahead. ARAI: Okay, I’ll take the roll. Commissioner Henkel? HENKEL: Aye. ARAI: Commissioner Moses? MOSES: Aye. ARAI: Commissioner Heaukulani? HEAUKULANI: Aye. ARAI: And Mr. Chairman. MIYASATO: Aye. ARAI: Mr. Chairman, motion carries with four aye votes. The discussion ended at 1:25 p.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 4 EXHIBIT E