PD Recommendation Report (PL-REZ-2023-000047)

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• Feasible actions to protect native Hawaiian rights: The proposed development will not restrict access to, and the use of natural resources at the Reeds Bay Ice Ponds as the subject property is located across the street. A condition of approval has also been added to protect any unidentified cultural, historical, and natural resources in the event any are encountered during construction. To the extent that traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the proposed use, prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permit, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above findings, approval of the Change of Zone request from Resort 750 sq. ft. (V-.75) to Limited Industrial -20,000 square feet (NIL-20) would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map)Article 8, Chapter 25 (Zoning) of the Hawaii 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. -7-