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HomeMy WebLinkAboutCOM 0815.000 2022-2024 -.••tY OF........... Deanna S.Sako Managing Director Mitchell D.Roth + Mayor Robert H.Command : ti+,:•'•` Deputy Managing Director Cimufr Offirtof f.ji Alvin 25 Aupuni Street,Suite 2603 • Hilo,Hawaii 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 March 20, 2024 (75 Heather Kimball, Council Chair -c74 .a and Members of the County Council County of Hawai`i 25 Aupuni Street = - Hilo, HI 96720 • cTp 7,1 Dear Chair Kimball and Members: SUBJECT: Change of Zone Application (PL-REZ-2023-000053) Request: Single-Family Residential-10,000 Square Feet (RS-10) to Industrial-Commercial Mixed-20,000 Square Feet(MCX-20) Applicant: Manono Corner, LLC Tax Map Key: (3) 2-2-036:076, Waiakea House Lots, South Hilo, Hawai`i 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, e /41i 9446 -6/MITCHELL D. ROTH Mayor TCouncilManonoComerP L-REZ-2023-000053 wpc • Enclosures cc: Planning Department 4 b ` 147 Comm. NV . ` Ref. To: County of Hawai`i is an Equal Opportunity Provider and Employer. Ref. tote l_ - 5 E'• Nt .pi Mitchell D.Roth moo' ................... Dennis Lin,Chair Mayor :^n`, y�Hl. '. Louis Daniele III;Vice-Chair Deanna S. Sako •' ~��„t' " Lauren Balog Managing Director • . = Wayne De Luz '•�,'•.Y Matthias Kusch ..................... Chantel Perrin County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 March 18, 2024 • Heather Kimball, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chair Kimball and Council Members: SUBJECT: Change of Zone Application (PL-REZ-2023-000053) Request: Single-Family Residential-10,000 Square Feet(RS-10) to Industrial- Commercial Mixed-20,000 Square Feet(MCX-20) Applicant: Manono Corner,LLC Tax Map Key: (3)2-2-036:076,Waiakea House Lots, South Hilo,Hawaii The _Windward Planning Commission, at its duly held public hearing on March 7, 2024, considered the above-referenced application for a Change of Zone from an Single-Family Residential-10,000 square feet (RS-10) zoning district to an Industrial-Commercial Mixed- 20,000 square feet (MCX-20) zoning district for a 21,023-square foot parcel of land. The subject property is located on the northeast corner of East Lanikaula Street and Manono Street, Waiakea House Lots, Waiakea, South Hilo, Hawai`i. The Commission voted to forward a favorable recommendation to the County Council based on the Planning Director's recommendation and added four (4) new conditions proposed by the Applicant addressing the need for environmental remediation, expanding parking requirements, hours of operation and noise/dust mitigation. Additionally, the original Condition H was deleted and replaced with language proposed by the Applicant addressing driveway access from Manono Street and Lanikaula Street and establishing criteria that would require a traffic assessment. The Commission concurred with the Planning Director's following reasons for a favorable consideration of the request. Criteria for granting the favorable recommendation are shown below in bold print: Hawaii County is an Equal Opportunity Provider and Employer Heather Kimball, Council Chair and Members of the County Council County of Hawai`i March 18, 2024 Page 2 The applicant is requesting a Change of Zone from a Single-Family Residential- 10,000 square feet (RS-10) zoning district to an Industrial-Commercial Mixed-20,000 square feet (MCX-20) zoning district for a 21,023-square-foot parcel of land. The MCX zoning district, with a minimum area required for each building site of 20,000 square feet, would allow a maximum density of 1 building site. The applicant proposes to demolish 3 existing structures and construct a single-story, 4,950-square-foot structure for retail and/or office uses, on-site parking and access driveways. According to the applicant, the Waiakea House Lots area is undergoing a land use transition from single- family residential to commercial and light industrial uses and the request is in accordance with this transition. The applicant anticipates completing the proposed development within 8-10 years of the approval date of the Change of Zone, at an estimated cost of $850,000. 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 Single-Family Residential-10,000 square feet (RS-10) zoning district to an Industrial-Commercial Mixed-20,000 square feet (MCX-20) zoning district conforms to applicable goals, policies, and standards of the General Plan. The subject, 21,023-square foot property is rectangularly shaped, level, and located at the 75-foot elevation level. The property was previously developed with 3 existing structures built in the 1950's and 60's, including 2 single-family dwellings and a garage used for small engine repairs. Surrounding lands are zoned Single-Family Residential 10,000-square feet (RS-10), Neighborhood Commercial 10,000-square feet (CN-10), Industrial-Commercial Mixed-20,000 square feet (MCX-20), Limited Industrial-20,000 square feet (ML-20), and Limited Industrial-10,000 square feet (ML-10). Existing surrounding land uses include residential, commercial, retail, office, church, and industrial uses. According to the Zoning Code, the purpose of the MCX (industrial-commercial mixed use) district is to allow mixing of some industrial uses with commercial uses. The intent of this district is to provide for areas of diversified businesses and employment opportunities by permitting a broad range of uses, without exposing nonindustrial uses to unsafe and unhealthy environments. This district is intended to promote and maintain a viable mix of light industrial and commercial uses. The proposed development is Heather Kimball, Council Chair and Members of the County Council County of Hawai`i March 18, 2024 Page 3 consistent with promoting a mix of commercial and light industrial uses; thus, the request is consistent with the surrounding land use pattern and the intent of zoning designation. 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 and policies of the General Plan Land Use Element: • Allocate appropriate requested zoning in accordance with the existing or projected needs of 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. • Designate and allocate industrial areas in appropriate proportions and in keeping with the social, cultural, and physical environments of the County. • Achieve a broader diversification of local industries by providing opportunities for new industries and strengthening existing industries. • Locate industrial areas convenient to transportation facilities, and provide a variety of industrial zoned districts and lot sizes, depending on the needs of the industries and the communities. • Improve the aesthetic quality of industrial sites and protect amenities of adjacent areas by requiring landscaping, open spaces, buffer zones, and design guidelines. • Industrial development shall be located in areas adequately served by transportation, utilities, and other essential infrastructure. Heather Kimball, Council Chair and Members of the County Council County of Hawai`i March 18, 2024 Page 4 • Industrial-commercial mixed use districts shall be provided in appropriate locations. • Require developers to provide basic infrastructure necessary for development. 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 subject property is designated Industrial by the LUPAG Map which includes uses such as manufacturing and processing, wholesaling, large storage and transportation facilities, light industrial and industrial-commercial uses. The proposed use is compatible with evolving commercial and light industrial uses in this area. The Hilo Community Development Plan (CDP) identifies the area as Single- Family Residential -10,000 square feet (RS-10); however, this area is transitioning to higher-density commercial/light industrial type uses. The proposed change of zone would allow for the establishment of a relevant commercial use that would be in alignment with the commercial and industrial developments in the surrounding area. Based on the preceding and with recognition of the fact that the Hilo CDP has not been updated since 1975, the proposed MCX-20 zoning would be consistent with the General Plan. All essential utilities and services are available to the site. As the subject property is located at the corner of Manono Street and Lanikaula, the applicant is proposing two access driveways to the property as follows: 1) a full turn movement driveway from Manono Street, which is an approximately 24-foot-wide, paved, County- owned and maintained road within a 60-foot-wide right-of-way; and 2) a right-turn-in, right-turn-out movement driveway from Lanikaula Street, an approximately 22-foot- wide,paved, County-owned and maintained road within a 50-foot-wide right-of-way. Despite the proposed access movements,the Department of Public Works (DPW), Engineering Division, recommends that both driveways be limited to right-in/right-out movements. Also, DPW notes that driveway connections and construction shall conform to Hawai`i County Code and that adequate sight distances shall be provided, meeting with the approval of DPW. Heather Kimball, Council Chair and Members of the County Council County of Hawai`i March 18, 2024 Page 5 Additionally, DPW recommends improvements to the subject property's Lanikaula Street frontage, consisting of, but not limited to, pavement widening with concrete sidewalk, drainage improvements and any required utility relocation, meeting with the requirements of the Americans with Disabilities Act to be located within a future • road widening setback that is to be subdivided and dedicated at no cost to the County. Conditions of approval will be included to address the preceding. According to the Department of Water Supply (DWS), water is available from an existing 8-inch water line within Manono Street and the subject parcel is currently served by two existing 5/8-inch meters. DWS requests that the applicant submits water usage calculations in order to determine appropriate fees and service lateral and meter-size and will require the applicant to install water system improvements prior to activating water service. Also, DWS indicates that the existing 8-inch waterline within Manono Street is inadequate to provide the required 2,000-gallons per minute of flow for fire protection as per DWS standards. Conditions of approval will require the applicant to meet potable and fire suppression water requirements of DWS and the Fire Department. A condition of approval will require any development on the property will be required to connect to the County sewer in accordance with Section 21-5 of Hawai`i County Code. Solid waste will be handled by a commercial hauler and disposed of at authorized landfill sites or transfer stations, all essential utilities are available to the property and police, fire and medical facilities are located nearby in Hilo. A condition of approval will be included to require the applicants to meet all applicable County, State and Federal laws, rules, regulations, and requirements. There are no severe geological or topographical problems for the property that cannot be properly rectified, or which would render the land unusable. The subject property is in an area designated as Zone "X", an area determined to be outside the 500-year flood plain, on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). A condition of approval will be added to require that all development generated runoff will be disposed of on-site and not directed toward any adjacent properties and all earthwork activity, including grading, grubbing, and stockpiling, and the project will conform to Chapter 10, Erosion and Sedimentation Control, of the Hawai`i County Code. Thus, the proposed change of zone meets this criterion. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The subject property is located approximately 6,000 feet from the nearest shoreline, is not situated within the Special Heather Kimball, Council Chair and Members of the County Council County of Hawai`i March 18, 2024 Page 6 Management Area and will not be impacted by coastal hazards and beach erosion. There is no designated public access to the mountains or the shoreline that runs through the property. The proposed use will not adversely impact any recreational resources, including access to and along the shoreline, scenic and open space nor visual resources, coastal ecosystems, arid marine and coastal resources. Therefore, the proposed use is not contrary to the objectives of Chapter 205A, Hawai`i Revised Statutes. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawai`i 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. • The valued cultural, historical, and natural resources found in the rezoning area: According to the applicant, no archeological or historical features are known to exist on the subject property nor is the property listed as a historic site on the State or National Register of Historic Places. As mentioned previously, the subject property has been cleared for construction of 2 existing dwellings and a garage and there are no known endangered or listed plant species on the property. According to the applicants, it is not known whether the subject property or immediate surrounding area has been used in the recent past for the gathering of plants by Native Hawaiians. No professional surveys were conducted of the flora/fauna resources on the property. According to the applicants, the likelihood of any rare or endangered species, habitat or flora on the property is remote given the developed, urban nature of the property and surrounding area. • Possible adverse effect or impairment of valued resources: Native plants and/or endangered species are unlikely to be impacted by the proposed development due to the already impacted property as mentioned above. • Feasible actions to protect native Hawaiian rights: As stated by the applicant, no gathering is taking place on 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. Heather Kimball, Council Chair and Members of the County Council County of Hawai`i March 18, 2024 Page 7 Lastly, this recommendation is made with the understanding that the applicants remain 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 permits, 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 preceding findings, the request to rezone the property from a Single- Family Residential-10,000 square feet (RS-10) zoning district to an Industrial-Commercial Mixed-20,000 square feet (MCX-20) zoning district would result in an appropriate land use pattern that would further benefit the general public. The accompanying draft bill to amend Section 25-8-33 (City of Hilo District Zone Map), Article 8, Chapter 25 (Zoning) of the Hawai`i County Code, 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/128528/Row1.aspx Should there be any questions, please feel free to contact Planning Program Manager, Maija Jackson at(808) 961-8159. Sincerely, I March 18,2024 07:03 PM Dennis Lin, Chairman Windward Planning Commission P\wp60\PC\PCC2024-1\LMannoCornerPL-REZ-2023-053 wpc Enclosure: Draft Bill Heather Kimball, Council Chair and Members of the County Council County of Hawai`i March 18, 2024 Page 8 cc via email w/draft bill: Sidney Fuke, Planning Consultant Kalysa Hamilton, Manono Corner LLC Department of Public Works Department of Water Supply Jean Campbell, Esq., Deputy Corporation Counsel Suzanna Tiapula, Esq., Deputy Corporation Counsel