Loading...
HomeMy WebLinkAboutCOM 0520.000 2022-2024Mitchell D. Roth Mayor AT of �abial`i Lee E. Lord Managing Director Robert H. Command Deputy Managing Director (offtxr of for 4aver 25 Aupuni Street, Suite 2603 • Hilo, Hawai'i 96720 • (808) 961-8211 • Fax (808) 961-6553 KONA: 74-5044 Ane Keohokalole Hwy., Bldg C . Kailua-Kona, Hawai'i 96740 (808)323-4444 • Fax(808)323-4440 September 20, 2023 Heather Kimball, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chair Kimball and Members: SUBJECT: Change of Zone Application (PL-REZ-2023-000047) Request: Resort -Hotel -750 Square Feet (V-.75) to Limited -Industrial -20,000 Square Feet (ML -20) Applicant: Aloha Kia Tax Map Key: (3) 2-1-006:002; Waiakea, South Hilo, Hawaii As required by Chapter 7, Sec. 6-7.5 (a)(3), Hawai'i County Charter, transmitted herewith for the County Council's consideration and action are the Windward Planning Commission's letter and enclosures regarding the above -referenced request. Sincerely, MITCHELL D. ROTH Mayor TCouncilAlohaKiaPL-REZ-2023-000047wpc Enclosures cc: Planning Department Comm. No. Lo Ref. Tot a g�ee� EA �`�� County of Hawaii is an Equal Opportunity Provider and Employer. R@F. -dab .&aea 4 2023 County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax(808)961-8742 September 15, 2023 Heather Kimball, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chair Kimball and Council Members: SUBJECT: Change of Zone Application (PL-REZ-2023-000047) Request: Resort -Hotel -750 Square Feet (V-.75) to Limited -Industrial -20,000 Square Feet (ML -20) Applicant: Aloha Kia Tax May Key: (3) 2-1-006:002; Waiakea, South Hilo, Hawaii The Windward Planning Commission, at its duly held public hearing on September 1, 2023, considered the above -referenced application for a Change of Zone from Resort -Hotel -750 square feet (V-.75) to Limited -Industrial -20,000 square feet (ML -20). The subject property is located at 92 Kalaniana`ole Street approximately 760 -feet northwest of its intersection with Kanoelehua Avenue, Waiakea, South Hilo, Hawaii. The Commission voted to forward a favorable recommendation to the County Council based on the Deputy Planning Director's recommendation. The Commission concurred with the Deputy Planning Director's following reasons for a favorable consideration of the request. Criteria for granting the favorable recommendation are shown below in bold print: The applicants are requesting a Change of Zone from Resort 750 square foot (V- 0.75) to a Limited -Industrial 20,000 square foot (ML -20) zoning district for 1.795 acres of land. The purpose of this request is to develop a new car dealership and service station for Aloha Kia in order to move their existing operation from their current location at 226 Haivai'i County is an Equal Opportunity Provider and Employer Mitchell D. Roth o°��v;k''F� Dennis Lin, Chair Mayor a4G;: Louis Daniele III, Vice Chair Lee E. Lord +: �+ Lauren Balog Managing Director tZ; John Cross � •► �rf OF H% Wayne De Luz Chantel Perrin County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax(808)961-8742 September 15, 2023 Heather Kimball, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chair Kimball and Council Members: SUBJECT: Change of Zone Application (PL-REZ-2023-000047) Request: Resort -Hotel -750 Square Feet (V-.75) to Limited -Industrial -20,000 Square Feet (ML -20) Applicant: Aloha Kia Tax May Key: (3) 2-1-006:002; Waiakea, South Hilo, Hawaii The Windward Planning Commission, at its duly held public hearing on September 1, 2023, considered the above -referenced application for a Change of Zone from Resort -Hotel -750 square feet (V-.75) to Limited -Industrial -20,000 square feet (ML -20). The subject property is located at 92 Kalaniana`ole Street approximately 760 -feet northwest of its intersection with Kanoelehua Avenue, Waiakea, South Hilo, Hawaii. The Commission voted to forward a favorable recommendation to the County Council based on the Deputy Planning Director's recommendation. The Commission concurred with the Deputy Planning Director's following reasons for a favorable consideration of the request. Criteria for granting the favorable recommendation are shown below in bold print: The applicants are requesting a Change of Zone from Resort 750 square foot (V- 0.75) to a Limited -Industrial 20,000 square foot (ML -20) zoning district for 1.795 acres of land. The purpose of this request is to develop a new car dealership and service station for Aloha Kia in order to move their existing operation from their current location at 226 Haivai'i County is an Equal Opportunity Provider and Employer Heather Kimball, Council Chair and Members of the County Council September 15, 2023 Page 2 Kanoelehua Avenue. The applicant plans to convert the existing 6,400 square foot commercial building into a showroom, sales office, and parts department. A 1,120 square foot addition if proposed on the south side of the existing building to support offices and a lounge area. A new 6,770 square foot building is proposed to house eight (8) service bays and a detailing area. The applicant is also proposing 135 parking stalls for customers, employees, and the sales inventory of the new dealership. The applicants aim to complete the Change of Zone process as soon as possible and anticipate completing construction by the end of 2025. The applicants expect the cost of the proposed development and improvements to be approximately $1,000,000. Operating hours for the new car dealership and service center would be between 8:30 A.M. and 7:00 P.M. Monday to Saturday; the dealership will be closed on Sundays. The proposed dealership it anticipated to support fifteen (15), employees during business hours. In order to consider an area for any type of zoning designation, the applicable goals, policies, and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The change of zone request from a Resort (V-.75) zoning district to an Limited -Industrial (ML -20) zoning district conforms to applicable goals, policies, and standards of the General Plan. The subject, 1.795 -acre property has been improved with an existing commercial building, as well as a paved parking lot and grading parking areas. The remainder of the property is completely cleared and graded other than some minor landscaping located along property boundaries. The subject parcel is bounded on the north and south by Kalaniana`ole Street and Kamehameha Ave respectively, to the east by both Limited Industrial (ML -20) and General -Industrial (MG-Ia) which make up the Suisan Warehouse Facilities. To the west is a property that was approved by Special Management Area Use Permit No. 95-9 to develop as a retail convenience store and related improvements. Across Kalaniana`ole Street is the Hilo Hotel and Reeds Bay Ice Ponds, while across Kamehameha Ave is the Hilo Airport Property. According to the Zoning Code, the Urban zoning district generally includes lands characterized by "city like" concentrations of people, structures, and services. The requested Limited Industrial (ML -20) zoning for the subject parcel would be consistent with the surrounding development and land use pattern and supports the intent of zoning designation. Heather Kimball, Council Chair and Members of the County Council September 15, 2023 Page 3 The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards, and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture, and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The request conforms to the following goals, policies, and standards of the General Plan Land Use Element: ■ Strive for diversification of the economy by strengthening existing industries and attracting new endeavors. ■ Allocate appropriate requested zoning in accordance with the existing or projected needs of the neighborhood, community, region, and County. ■ Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. The requested change of zone conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. The proposed Limited -Industrial (ML -20) zoning conforms to the LUPAG Map that designates the subject property (and surrounding area) as Industrial, which includes uses such as manufacturing and processing, wholesaling, large storage and transportation facilities, light industrial and industrial -commercial activities. Based on the preceding, the proposed ML -20 zoning would support businesses and industrial uses which are generally in support of but not necessarily compatible with those permitted activities and uses in other commercial districts. Given the industrial nature of.development adjacent to the project parcel, the proposed request would be consistent with the LUPAG designation, and the land use goals for this area. Heather Kimball, Council Chair and Members of the County. Council September 15, 2023 Page 4 The proposed request will result in a more appropriate land use pattern that will further the public necessity and convenience and the general welfare. When considering any request to change the zoning district of a property, the Director shall consider the purpose of the existing and proposed zoning district and the purpose of the Zoning Code and shall recommend a change in zoning only where it would result in a more appropriate land use pattern that will further the public necessity and convenience and the general welfare. The predominant land use in this area is a mix of commercial, industrial, government, and recreation. The requested change of zone from V-35 to ML -20 will allow the applicant to move it existing operation to a larger property with more convenient access to customers. Staff notes there is a large existing car dealership located on the opposite side of the Suisan property which is adjacent to the subject parcel. The subject parcel is closer to Hilo Harbor which is more convenient for the applicant to receive inventory. Additionally, the project site is already served by adequate facilities designed for industrial and urban type uses. For the purpose of promoting health, safety, or the general welfare of the County, the Zoning Code regulates and restricts the height, size of buildings, and other structures, the percentage of a building site that may be occupied, off-street parking, setbacks, size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes. In considering the purposes of the Zoning Code in relation to the proposed request, the approval of the request will result in a higher density. If approved, the applicant could conduct improvements to the structures, and establish new commercial and industrial activities not permitted within the current Resort zoning district. In considering the request in relation to the surrounding zoning, the request will result in an appropriate land use pattern. Based on the above information, the proposed request will result in a more appropriate land use pattern that will further the public necessity and convenience, and the general welfare of the County. The proposed request will not burden public agencies to provide utilities and services to the subject property. Access to the subject parcel is via both Kalaniana`ole Street and Kamehameha Avenue allowing the applicant to utilize both roadways for ingress and egress. According to the State Department of Transportation, the HDOT does not anticipate significant direct or indirect adverse impacts to state highways. No mitigation is warranted or proposed for traffic conditions on state roadways. HDOT did not require any improvements or changes to the access during the application review. Heather Kimball, Council Chair and Members of the County Council September 15, 2023 Page 5 Water to the project site is already being provided by the County Department of Water Supply (DWS). There is an existing 12 -inch waterline fronting the project site along Kalaniana`ole Street and according to the applicant there are three (3) existing services to the subject parcel. According to the DWS, they are requesting that the applicant submit estimated maximum daily water usage calculations for the project site, for review and approval. According to the County Department. of Environmental Management (DEM) - Wastewater Division, the property is connected to the County sewer system already and no improvements. The FEMA -FIRM map identifies the project site to be, primarily within Flood Zone X which is areas within the 500 -year flood but not within the special flood hazard area. A small portion of the makai (seaward) portion of the parcel is within the AE and VE flood zones, which is within the 100 -year coastal food range, or 1% flood probability for any given year. Staff notes that the property is outside both the 3.2 ft. Sea Level Rise Exposure Area, and the 3.2 ft. Passive Flooding Area according to the State of Hawaii Sea Level Rise Viewer (SLR-Xa). According to the Department of Public Works (DPW) a drainage study shall be prepared, and the recommended drainage system shall be constructed meeting. with the approval of DPW. Additionally, DPW has requested that the applicant construct a paved should and swale within the Kamehameha Avenue right- of-way conforming to Standard Details (for Public Works Construction) R-18 (Street Cross-sections with Sidewalk) and R-19 (Road Pavements and Shoulders) with associated drainage features. The applicant has stated they will comply with any recommendations or requirements related to drainage. The project site will be accessed from the existing driveway to Kalaniana`ole Steet, in addition to an additional driveway access to Kamehameha Avenue. Because the project is anticipated to only generate approximately twenty-one (21) peak hour trips no traffic impact analysis was completed. Driveway access to Kamehameha Avenue must meet with the approval of DPW in accordance with Hawaii County Code Chapter 22 — County Streets, while Kalaniana`ole Street was transferred .and is now under State jurisdiction. According to the HDOT there are no requirements for improvements to Kalaniana`ole Street for the proposed development. The subject request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is located within the Special Management Area but is not considered a coastal property as it is over 80 feet from the nearest shoreline (Reeds Bay Ice Ponds). The applicant has submitted, simultaneously with this application, a Special Management Area Use permit application for review and approval should the requested Change of Zone be approved. While it is not a coastal property, it is adjacent to the Reeds Bay Ice Ponds, and as such the potential for harm to resources from development/construction runoff would be a concern. The Heather Kimball, Council Chair and Members of the County Council September 15, 2023 Page 6 applicant will employ Best Management Practices in regard to construction related runoff as well as stormwater management for the developed site. There is no record of a designated public access that traverses the property and no valued cultural, historical, or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on those resources. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa`akai O 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: Previous approvals for land development on this parcel have not revealed any historic resources on the subject parcel. Staff notes that this property has undergone extensive ground disturbance and grading of the parcel during the development of the existing commercial building and parking area. The County has determined that based on the location of the parcel being within a heavily used commercial/industrial area that no historic properties would be affected by the proposed project. • The valued cultural, historical, and natural resources found in the rezoning area: The only valuable resource in the immediate area is Reeds Bay Ice Ponds which is located across the three (3) lane Kalaniana`ole Street which was recently improved along its entire length in this area. The proposed project will not impact or affect the use of Reeds Bay Ice Ponds and the nearby Banyan Drive area. • Possible adverse effect or impairment of valued resources: There is no evidence that the flora in the area is particularly desired or used for cultural practices as the site has a long history of ground disturbance and development that has completely removed most of the vegetation on the site. There are no tall trees, and landscaping will be used to screen the property from the surrounding area and provide some beautification to the area which is primarily heavy development and industrial uses. • 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 Heather Kimball, Council Chair and Members of the County Council September 15, 2023 Page 7 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 (ML -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. This recommendation does not, however, sanction the specific plans submitted with the application as they may be subject to change given specific code and regulatory requirements of the affected agencies. The Planning Department's background report, recommendation report, PowerPoint presentation, and public testimony are available for review at the following Laserfiche WebLink address: https://records.hawaiicounty.gov/WebLink/1/fol/125161/RowI.q"x The transcript of the hearing is available for review at the following Laserfiche WebLink address: https://records.hawaiicounty.gov/WebLink/l/fol/125535/Rowl.aspx Additionally, the concurrent SMA Use Permit for the subject property, which the Windward Planning Commission approved on September 1, 2023, is enclosed for your reference. Heather Kimball, Council Chair and Members of the County Council September 15, 2023 Page 8 Should there be any questions, please feel free to contact Planning. Program Manager, Maija Jackson at (808) 961-8159. Sincerely, September 15, 2023 09:09 AM Dennis Lin, Chairman Windward Planning Commission P\wp60\PC\PCC2023-3\LAI ohaKiaPL-REZ-2022-000032wpc Enclosure: Draft Bill & PL -SMA -2023-000032 cc via email w/draft bill: John Pipan, Land Planning Hawaii Russell Wong, Aloha Kia Chris Tamm, Bay Lighting & Design LLC Department of Public Works Department of Water Supply Jean Campbell, Esq., Deputy Corporation Counsel Suzanna Tiapula, Esq., Deputy Corporation Counsel County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax (808) 961-8742 September 15, 2023 John Pipan, Administrator Land Planning Hawaii, LLC 194 Wiwo`ole Street Hilo, HI 96720 VIA EMAIL Dear Mr. Pipan: SUBJECT: Special Management Area Use Permit (PL -SMA -2023-000032) Applicant: Aloha Kia Permitted Use: Allows the Development of a New Car Dealership and Service Station Tax Man Kev: (3) 2-1-006:002: North Hilo. Hawaii The Windward Planning Commission, at its duly held public hearing on September 1, 2023, voted to .approve the above -referenced request to allow the development of a new car dealership and service station on 1.795 acres of land situated within the Special Management Area. The project site is located at 92 Kalaniana`ole Street, South Hilo, Hawaii. Approval of this permit is subject to the following conditions: 1. The applicant(s), its successor(s), or assign(s) (Applicant) shall be responsible for complying with all of the stated conditions of approval. 2. The Applicant shall secure all necessary approvals and permits from other affected Federal, State, and County agencies as necessary to comply with all applicable laws and regulations. 3. Construction and operation of the proposed new Aloha Kia Car Dealership shall be conducted in a manner that is substantially representative of plans and details as contained within the Special Management Area Use Permit application dated May 19, 2023, and representations made to the Windward Planning Commission. Hmuai'i County is an Equal Opportunity Provider and Employer Mitchell D. Roth 4pJ�tY ns �`'wq, Dennis Lin, Chair Mayor Louis Daniele III, Vice Chair •: =� Lauren Balog Lee E. Lord John Cross Managing Director —b... Wayne Wayne De Luz Chantel Perrin County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax (808) 961-8742 September 15, 2023 John Pipan, Administrator Land Planning Hawaii, LLC 194 Wiwo`ole Street Hilo, HI 96720 VIA EMAIL Dear Mr. Pipan: SUBJECT: Special Management Area Use Permit (PL -SMA -2023-000032) Applicant: Aloha Kia Permitted Use: Allows the Development of a New Car Dealership and Service Station Tax Man Kev: (3) 2-1-006:002: North Hilo. Hawaii The Windward Planning Commission, at its duly held public hearing on September 1, 2023, voted to .approve the above -referenced request to allow the development of a new car dealership and service station on 1.795 acres of land situated within the Special Management Area. The project site is located at 92 Kalaniana`ole Street, South Hilo, Hawaii. Approval of this permit is subject to the following conditions: 1. The applicant(s), its successor(s), or assign(s) (Applicant) shall be responsible for complying with all of the stated conditions of approval. 2. The Applicant shall secure all necessary approvals and permits from other affected Federal, State, and County agencies as necessary to comply with all applicable laws and regulations. 3. Construction and operation of the proposed new Aloha Kia Car Dealership shall be conducted in a manner that is substantially representative of plans and details as contained within the Special Management Area Use Permit application dated May 19, 2023, and representations made to the Windward Planning Commission. Hmuai'i County is an Equal Opportunity Provider and Employer John Pipan, Administrator Land Planning Hawaii, LLC September 15, 2023 Page 2 4. Prior to the issuance of a water commitment by the Department of Water Supply (DWS), the Applicant shall submit the anticipated maximum daily water usage calculations as prepared by a professional engineer licensed in the State of Hawaii to the DWS- for approval. 5. The Applicant shall install a reduced pressure type backflow prevention assembly, within five (5) feet of the meter on private property to be inspected an approved by the Department of Water Supply prior to water service activation. 6. The Applicant shall implement any improvements required by the Fire Department and/or Department of Water Supply to ensure that fire protection requirements can be met for commercial uses prior to issuance of a Certificate of Occupancy. - 7. Construction of the proposed development shall .be completed within five (5) years from the effective date of this permit. Prior to construction, the Applicant shall secure Final Plan Approval for the proposed development from the Planning Director in accordance. with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii . County Code. Plans shall identify all existing and/or proposed structure(s), paved driveway access and parking areas associated with the proposed development. Landscaping shall be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements) and Chapter 25 (Zoning Code), Hawaii County Code. 8. All driveway connections to Kalaniana`ole Street and Kamehameha Avenue . shall conform to Chapter 22, County Streets, of the.Hawai`i County Code. 9. The Applicant shall comply with Chapter 27 - Flood Control, of the Hawaii County Code. 10. All earthwork and grading shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawaii County Code. 11. The Applicant shall not, at any time, impede or otherwise restrict public access to the shoreline at Reeds Bay Ice Ponds located across the street from the project parcel. 12. Artificial light from exterior lighting fixtures, including, but not necessarily limited to floodlights, up -lights or spotlights used for decorative or aesthetic purposes shall be prohibited if 'the light directly illuminates, or is directed to project across property boundaries toward, the shoreline and ocean waters, except as may otherwise be permitted pursuant to Section 205A -71(b), Hawaii Revised Statutes. John Pipan, Administrator Land Planning Hawaii, LLC September 15, 2023 Page 3 13. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. A drainage study shall be prepared by a professional civil engineer licensed in the State of Hawaii and submitted to the Department of Public Works prior to issuance of Final Plan Approval. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy for any portion of the development. 14. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of Final Plan Approval. 15. Sewer lines shall be installed within the development to connect with the County's sewer system, meeting with the approval of the Department of Environmental Management. 16. During construction, measures shall be taken to minimize the potential of both fugitive dust and runoff sedimentation. Such measures shall be in compliance with construction industry standards and practices utilized during construction projects of the State of Hawaii. 17. A National Pollutant Discharge Elimination System (NPDES) permit, if required, shall be secured from the State Department of Health before the commencement of construction activities. 18. In the event that surface or subsurface historic resources, including human skeletal remains, structural remains (e.g. rock walls, terraces, platforms, etc.), cultural deposits, marine shell concentrations, sand deposits, or sink holes are identified during the demolition and/or construction work, cease work in the immediate vicinity of the find, protect the find from additional disturbance and contact the State Historic Preservation Division at (808) 933-7651. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. 19. An initial extension of time for the performance of conditions within this permit may be granted by the Planning Director upon the following circumstances: A. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. B. Granting of the time extension would not be contrary to the General Plan or Zoning Code. John Pipan, Administrator Land Planning Hawaii, LLC September 15, 2023 Page 4 C. The granting of the time extension would not be contrary to the original reasons for the granting of this permit. D. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). E. If the applicant should require an additional extension of time, the Planning Department shall submit the applicant's request to the Planning Commission for appropriate action. 20. Should any of the foregoing conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate procedures to revoke the permit. This approval does not, however, sanction the specific plans submitted with the application as they may be subject to change given specific code and regulatory requirements of the affected agencies. Approval of this request is based on the reasons given in the enclosed Findings Report. Should you have any questions, please contact Alex Roy of this department at (808) 961-8140 or by email at alex.ro Ahawaiicounty.gov Sincerely, September 15, 2023 09:09 AM Dennis Lin, Chairman Windward Planning Commission P\wp60\PC\PCC2023-3\LAI ohaKiaPL-S MA-2022-032wpc Enclosure: Planning Commission Findings Report cc w/enclosure via. email: Russell Wong, Aloha Kia Chris Tamm, Bay Lighting & Design LLC Department of Public Works Department of Environmental Management Department of Water Supply County Fire Department County Real Property Tax Division GIS Section R Aloha—Kia—SMA 811 2023 COUNTY OF HAWAII PLANNING COMMISSION FINDINGS ALOHA KIA SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION (PL -SMA -2023-000032) Based on the following findings Special Management Area Use Permit No. PL -SMA - 2023 -000029 is hereby approved by the Leeward Planning Commission to allow for the development of a new car dealership and service station on 1.795 acres of land situated within the Special Management Area. . The subject property is located at 92 Kalaniana`ole Street approximately 760 -feet northwest of its intersection with Kanoelehua Avenue, Waiakea, South Hilo, Hawaii, TMK: (3) 2-1-006:003. The applicant requests a Special Management Area Use Permit to develop a new car dealership and service station on the subject property. The project includes the following improvements: • Convert the existing 6,400 square foot commercial building into a showroom, offices, and parts department. • Construct a 1,120 square foot roof addition on southwest side of existing building to support offices and a lounge area. •. Construct a new 6,770 square foot building to house eight (8) service bays and detailing (car wash) area. • 135 parking stalls will be placed for customers,, employees, and the sales inventory. • Landscaping around the property will also be included. • One (1)public restroom for men and one (1) public restroom for women will be placed in the main commercial building. • The new parking area will be paved and striped. The grounds for approving development within the Special Management Area are based on HRS, Chapter 205A-26(2) (Special Management Area guidelines) and Rule 9- 11(e) of the Planning Commission Rules of Practice and Procedure. Planning Commission Rule 9-11(e) states that the Authority (Planning Commission) may permit the proposed development only upon finding that: 1. The. development will not have any substantial adverse environmental or ecological effect except as such adverse effect is minimized to the extent practicable and is clearly outweighed by public health, safety or compelling public interest; 2. The development is consistent with the objectives and policies and the Special Management Area guidelines as provided by Chapter 205A, HRS; 3. The development is consistent with the General Plan, Community Plan, Zoning Code and other applicable ordinances; 4. The development will, to the extent feasible, reasonably protect native Hawaiian rights if they are found to exist, including specific factual findings regarding: a. The identity and scope of valued cultural historical or natural resources in. the petition area, including the extent to which traditional and customary native Hawaiian rights are exercised in the petition area; b. The extent to which those resources including traditional and customary native Hawaiian rights, will be affected or impaired by the proposed action; and c. The feasible action, if any, to be taken by the Authority to reasonably protect any valued cultural, historical or natural resources including any existing traditional and customary native Hawaii rights. In review of the SMA guidelines as listed under HRS 205A -26(2)(A), the proposed development will not have any substantial adverse environmental or ecological effect, except as such adverse effect is minimized to the extent practicable and clearly outweighed by public health, safety, or compelling public interest. In considering the significance of potential environmental effects, the Director shall consider the sum of those effects that adversely affect the quality of the environment and shall evaluate the overall and cumulative effects of the action on the Special Management Area. Such adverse effects shall include, but not be limited to, the potential cumulative impact of individual developments, each one of which taken in itself might not have a substantial adverse effect and eliminate planning options. The proposed project did not meet the criteria in State law for the requirement of an environmental assessment or environmental impact statement. While the subject parcel is located within the Special Management Area, no work is proposed within the shoreline setback area. Additionally, no work is proposed within the State Right -of -Way (ROW) and as such no HRS 205A trigger was identified. In review of the SMA guidelines as listed under HRS 205A, the proposed development is consistent with the objectives and policies as provided by Chapter 205A, HRS, and Special Management Area guidelines contained in Rule No. 9 of the Planning Commission Rules of Practice and Procedure. The purpose of Chapter 205A, Hawaii Revised Statutes (HRS) and Special Management Area Rules and Regulations of the County of Hawaii, is to preserve; protect, and where possible,to restore the natural resources of the coastal zone areas. Therefore, special controls on development within an area along the shoreline are necessary to avoid permanent loss of valuable resources and the foreclosure of management options. The objectives and policies of Chapter 205A, HRS include, but are not limited to, the protection of coastal recreational resources, historic resources, scenic and open space resources, coastal ecosystems, marine resources, beaches, and controlling development in coastal hazard areas. Coastal Recreational Resources: The subject property is located across the street from the Reeds Bay Ice Ponds, which is frequently used for recreational activities. The proposed project is more than 80 -feet from the Ice Ponds, with a new roadway and drainage system recently constructed between the project area and the pond. This project will not impact access or the enjoyment of the ponds or larger Reeds Bay area. The project will be constructed with drainage and runoff mitigation to prevent impact to the ponds from stormwater. Historic and Cultural Resources: Although no commissioned archaeological survey of the site was conducted, it is highly unlikely that any historic sites would be found IPA on the .property as the parcel has been developed for commercial use with an existing commercial building and parking lot for many years. The entire site has been graded and cleared completely with little vegetation other than along property boundaries. Scenic and Open Space Resources: Scenic views of Reeds Bay Ice Ponds and the shoreline area will not be impacted by the proposed development. The new proposed building will be on the southwest side of the parcel, along Kamehameha Avenue. The property will utilize landscaping to beautifythe parcel and will be designed to avoid scenic view impacts to the shoreline and Reeds Bay as well as screen the development from the shoreline area. No building will exceed 23 -feet in height which is consistent with the surrounding development. Coastal Ecosystems, Marine Resources, Beaches: The proposed project will be developed in accordance with the construction Best Management Practices to minimize adverse impacts to air pollution, sedimentation, erosion, .control stormwater runoff, and wastewater management. A County grading permit via the Department of Public Works, as well as a National Pollutant Discharge Elimination System (NPDES) and Stormwater Pollution Prevention Plan (SWPPP) permit will be required prior to the start of construction. The proposed development will tie into the existing sewer system and will be designed to control potential stormwater runoff. Staff notes that there are two (2) new stormwater drains located on the north side of the property along the roadway which will assist in capturing stormwater runoff from the parcel before it reaches Reeds Bay Ice Ponds. Coastal Hazards: The project site is not a shoreline parcel; however, it is located across the street from Reeds Bay, and is located within the Tsunami Evacuation Zone. Civil Defense sirens are located approximately 550 feet west of the property. If required, an emergency preparedness and response plan -can be created for the proposed development. There are no known hazards on site relating to stream flooding, erosion, or other environmental factors that could create hazards to life and property. The proposed development is consistent with the County General Plan, Hilo Community Development Plan (HCDP), Zoning Code and other applicable ordinances. The General Plan Land Use Pattern Allocation Guide (LUPAG) for the County of Hawaii is a policy document expressing the broad goals and policies for the long-range development of the Island of Hawai'i. The plan was adopted by ordinance in 1989 and revised in 2005. The proposed development is consistent with the General Plan LUPAG Map designation of Industrial (Ind) which includes uses such as manufacturing and processing, wholesaling, large storge and transportation facilities, light industrial and industrial -commercial uses. Staff notes that when the HCDP was drafted, the LUPAG designation identified the subject area as "Resort", however, this designation conflicts with the area's General Plan designation as Industrial. Further, the Limited Industrial zoning of the subject property would be more in line with the surrounding zoning and land use in the are as adjacent properties to the East and across the street to the south are all Industrial zones. Additionally, the adjacent property to the west (Suisan) was approved for a rezoning from V-7.5 to ML -20 in 1981, which was after the HCDP was drafted. The project site is located within an area adequately served with essential services such as water, electricity, and telephone. Wastewater will be connected to the existing County sewer line, and conditions of approval will require the applicant to install and/or upgrade any necessary water and sewer lines to connect to the County's main water and sewer lines located on the parcel. The development will to the extent feasible, reasonably protect native Hawaiian rights if they are found to exist. In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina" decisions, the issue relative to native Hawaiian rights, such as 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: Previous approvals for land development on this parcel have not revealed any historic resources on the subject parcel. Staff notes that this property has undergone extensive ground disturbance and grading of the parcel during the development of the existing commercial building and parking area. The County has determined that based on the location of the parcel being within a heavily used commercial/industrial area that no historic properties would be affected by the proposed project. The valuable cultural, historical, and natural resources found in the area: The only valuable resource in the immediate area is Reeds Bay Ice Ponds which is located across the three (3) lane Kalaniana`ole Street which was recently improved along its entire length in this area. The proposed project will not impact. or affect the use of Reeds Bay Ice Ponds and the nearby Banyan Drive area. Possible adverse effects or impairment of valued resources: There is no evidence that the flora in the area is particularly desired or used for cultural practices as the site has a long history of ground disturbance and development that has completely removed most of the vegetation on the site. There are no tall trees, and landscaping will be used to screen. the property from the surrounding area and provide some beautification to the area which is primarily heavy development and industrial uses. 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 approval is made with the understanding that the Applicant remains responsible for complying with all other applicable government requirements in connection with the approved use, prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with 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. -4-