HomeMy WebLinkAbout2014-10-16 Leeward Exh A (Amend Zoning Code re MCX Zoning District)
LEEWARD PLANNING COMMISSION
COUNTY OF HAWAI‘I
HEARING TRANSCRIPT
OCTOBER 16, 2014
PLANNING DIRECTOR INITIATED AMENDMENT
A regularly advertised hearing on the
TO CHAPTER 25 OF THE HAWAI‘I COUNTY CODE, RELATING TO ZONING
DISTRICT REGULATIONS FOR DWELLINGS WITHIN THE MCX ZONING DISTRICT
was called to order at 09:32 a.m. in the West Hawai‘i Civic Center, Community Center, Building G,
74-5044 Ane Keohokālole Highway, Kailua-Kona, Hawai‘i, with Chair Brandi Beaudet presiding.
COMMISSIONERS PRESENT: Brandi Beaudet, Thomas Hickcox, Collin Kaholo and
Keith Unger
ABSENT AND EXCUSED: Barbara Nobriga and Thomas Whittemore
ALSO PRESENT: Duane Kanuha (Planning Director), Amy Self (Deputy Corporation Counsel),
Jeff Darrow (Planner), Maija Jackson (Planner) and Noriko Sauer (Commission Secretary)
And three 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-family and multiple-family residential dwelling units within the MCX zoning district.
BEAUDET: First on the agenda this morning, Initiator: Planning Director, an ordinance amending
Chapter 25, Zoning Code, Article 5 of the Hawai‘i County Code. Staff, would you like to start on
your presentation? Just for the record we have no one from the public for, in attendance to sign up
for public testimony.
DARROW: Good morning, Members of the Planning Commission. Welcome. Thank you. As
mentioned, our first application has been continued. Our second application this morning is a
Planning Director initiated action. This is to amend Chapter 25 regarding, relating to the zoning
district regulations for double-family and multiple-family dwellings within the MCX zoning
district.
The reasons for the initiated amendment is that recently the Hawai‘i County Council introduced Bill
191, which sought to allow Village Commercial, or CV, zoning district uses in both the Light
Industrial, ML, zoning district, and Bill 192 sought to allow the Village Commercial, CV, zoning
district uses in the Industrial-Commercial Mixed, or MCX, zoning district. Both the Windward and
Leeward Planning Commissions voted to send an unfavorable recommendation for both
Council-initiated bills to the Hawai‘i County Council. As an alternative, the Planning Director is
initiating this Director-initiated bill to add a double-family and multiple-family residential
component to the MCX zoning district. According to the Hawai‘i County Code, Chapter 25, the
purpose of the MCX zoning district is to allow mixing of some industrial uses with commercial
uses. The intent of this zoning district is to provide for areas of diversified businesses and
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employment opportunities by permitting a broad range of uses, without exposing nonindustrial 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, under Land Use, “Mixed use light industrial and commercial
zones may include, but are not limited to, wholesale, retail, office uses and personal and business
services.” The Planning 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 these uses to the Limited
Industrial, or ML, and General Industrial, MG, 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 and museums, bars, nightclubs, 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 apartment and condominium
complexes that would help to sustain a viable mixed-use community.
Based on the reasons presented, the Planning Director is recommending that the Leeward Planning
Commission send a favorable recommendation for this Planning Director-initiated bill to the
Hawai‘i County Council. With that, that concludes our presentation. If there are any questions?
BEAUDET: A quick question – I don’t know if it’s a quick answer, though. How, I forget already
but, how does this differ from the one that was not approved?
DARROW: The original bills that were initiated by the County Council included all uses that were
permitted within the Village Commercial zoning to be allowed within the Light Industrial, as well
as the MCX zoning. So in looking at all those particular uses, it was quite an extensive allowance
that, not only allowing many uses that would conflict with other uses, being that the ML zoning has
got quite a bit of hazardous types of uses within it. But it was just, it’s almost like you were
combining two zoning districts; it was very comprehensive. And it appeared that the way it was
going to work was just these uses were permitted in this; it was like a combination of two zoning
districts. The Planning Director felt that maybe that was too broad and maybe looking at the real
reason for the intent was to provide the residential component within this. So there was, he initiated
this bill to just, instead of allowing multiple uses, to just specify specifically those uses that would
benefit in this zoning district. Yeah, it was just too comprehensive, I think, of a change.
BEAUDET: Commissioners, any comment or questions of staff?
KAHOLO: None from me.
BEAUDET: Okay. There are no members of the public who wishes to testify. Commissioners, I
would like a motion to close the public hearing portion of this meeting?
HICKCOX: So move.
UNGER: Second.
BEAUDET: Thank you. It has been moved by Commissioner Hickcox and seconded by
Commissioner ….
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UNGER: Unger.
BEAUDET: Unger – it’s early morning for me – to close this portion of the public hearing.
Without any more comment or questions, Commissioners, I’d like to ask for a motion.
HICKCOX: Mr. Chair, I recommend that we send a favorable response to the County Council in
reference to our Planning Director’s ordinance amending Chapter 25, Zoning Code, Article 5 of the
Hawai‘i County Code 1983, 2005 Edition, as amended, related to zoning district regulations for
dwellings within the Industrial-Commercial Mixed, MCX, zoning district.
BEAUDET: Thank you. May I ask for a second?
UNGER: Second.
BEAUDET: It has been moved by Commissioner Hickcox for a favorable recommendation to the
County Council, and seconded by Commissioner Unger.
DARROW: Thank you, Mr. Chairman. With that, we’ll take the roll call. Commissioner Hickcox?
HICKCOX: Aye.
DARROW: Commissioner Unger?
UNGER: Aye.
DARROW: Commissioner Kaholo?
KAHOLO: Aye.
DARROW: And Mr. Chairman?
BEAUDET: Aye.
DARROW: The motion passes, four to zero.
The discussion ended at 9:40 a.m.
Respectfully submitted,
Noriko Sauer, Secretary
Leeward Planning Commission
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