COM 0233.000 2020-2022 - Laserfiche WebLink

Home

Maile David, Council Chair and Members of the County Council County of Hawai`i Page 7 In view of the Hawaii State Supreme Court's. "PASH" and "Ka Pa`akai 0 Ka'Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: • Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kama'aina accounts of the area, historical survey of documentary records, or botanical study was included in the application. However, the site has been used as a commercial/industrial building (Hilo Iron Works) since its construction in 1919. • The valued cultural, historical, and natural resources found in the rezoning area: The property has been used for now over a century as the Hilo Iron Works facility which includes commercial and light industrial uses and activities. A Ch. 6E-42 review by the State Historic Preservation Division (SHPD) indicated that while the Hilo Iron Works building is historic and has a SIHP No., there have been numerous permitted modifications to the building over the years and as such determined that the proposed rezone project will have no affect on historic properties. • Possible adverse effect or impairment of valued resources: The Project site is almost entirely covered with development (e.g., buildings and paved parking) and includes only limited landscaping with non-native trees and a small grassy area. Therefore, the proposed rezone project is not anticipated to influence or impact any valued resources. • Feasible actions to protect native Hawaiian rights: No gathering is taking place on the site, nor has any lineal descendant or native Hawaiian requested access to the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. Based on the above findings, approval of the Change of Zone request from Open (0) to Industrial-Commercial Mixed-20,000 square feet (MCX-20) would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. The accompanying draft bill to amend.Section 25-8-33 (City of Hilo Zone Map) Article 8, Chapter 25 (Zoning) of the Hawai`i County Code 1983 (2016 Edition, as Amended) is provided for your favorable consideration. Please note the proposed conditions of approval attached to'the draft bill.