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HomeMy WebLinkAboutCOM 0816.000 2022-2024 •' Deanna S.Sako • ,;' " ����'^• Managing Director Mitchell D.Roth +:�F�� l�'s.�� Mayor 4 1_ '`' __ -_- Robert H.Command i4r M� Deputy Managing Director f of H� CUMIN of Ittfuni`t ®ffii"Q Af flp Alavor 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 19, 2024 .70 Heather Kimball, Council Chair • and Members of the County Council _ - • County of Hawai`i 25 Aupuni Street Hilo, HI -96720 Dear Chair Kimball and Members: SUBJECT: Change of Zone Application (PL-REZ-2023-000052) Request: Open (0) to Industrial-Commercial Mixed-20,000 Square Feet (MCX-20) Applicant: Waikoloa Village Center LLC Tax Map Key: (3) 6-8-003:041 (por.), Waikoloa, South Kohala,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 Leeward Planning Commission's letter and enclosures regarding the above-referenced request. Sincerely, KMITCHELL D. ROTH Mayor TCouncilWaikoloaVillageCenterPL-REZ-2023-0000521pc Enclosures cc: Planning Department L Vk‘ 'Aq ' Comm. No. b 11 Ref. To: County of Hawai`i is an Equal Opportunity Provider and Employer. Ref. Date v Mitchell D.Roth coo"•Y;, ' q Barbara DeFranco,Chair Mayor j'" \‘I,i74;• Mahina Paishon-Duarte,Vice Chair Kanuha III Deanna S.Sako _�• ' .,, •:. Dean Au Managing Director C Clement Michael Dela Cruz. �f�' ��:a°��/.• J" •�Tf•Of Hf/� County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 March 15, 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-2023-000052) Request: Open (0)to Industrial-Commercial Mixed-20,000 Square Feet (MCX-20) Applicant: Waikoloa Village Center LLC Tax Map Key: (3) 6-8-003:041 (por.),Waikoloa, South Kohala,• Hawaii The Leeward Planning Commission (Commission), at its duly held public hearing on February 29, 2024, considered the above-referenced application for a Change of Zone from an Open (0) zoning district,to an Industrial-Commercial Mixed-20,000 square feet (MCX-20) zoning district for a 26.052-acre portion of a larger 29.610-acre property. The subject property is located on the south side of Pua Melia Street, approximately 0.2 miles southeast of its intersection with Waikoloa Road, Waikoloa, South Kohala, Hawai`i. The Commission voted to forward a favorable recommendation to the County Council based on the Planning Director's recommendation. • 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: The applicant is requesting a Change of Zone from an Open (0) zoning district to an Industrial-Commercial Mixed-20,000 square feet (MCX-20) zoning district for a 26.052-acre portion of a larger 29.61-acre property. The MCX zoning district, with a minimum area required for each building site of 20,000 square feet, would allow a Hawaii County is an Equal Opportunity Provider and Employer Heather Kimball, Council Chair and Members of the County Council County of Hawaii March 15, 2024 Page 2 maximum density of 56 building sites. The applicant proposes to develop and operate the Waikoloa Village Light Industrial Center, to include a 174,664 square-foot self-storage facility, 64,944 square-feet of flexible use buildings for industrial-commercial business, on-site parking and loading spaces, an access road connecting to Waikoloa Road, drainage and flood control improvements, landscaping, an open .greenway, and emergency access route and an approximately 3.4-acre area reserved for future MCX uses. According to the applicant, the Waikoloa Village and surrounding area is lacking in lands zoned for light industrial uses and the proposed development is intended to reduce the need to commute to existing light industrial areas at the Kaloko Light Industrial Park and the Honokohau Industrial Park. The applicant anticipates completing the proposed development within 3 years of the approval date of the Change of Zone, at an estimated cost of 30 million dollars. 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 an Open (0) 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 rezone area is a 26.052-acre portion of the 29.61-acre subject property, located makai of `Auwaiakekua Gulch, with no existing structures. The remaining 3.558-acre portion located mauka of the gulch is proposed to remain in the Open zoning district. Surrounding lands are zoned Open, Residential and Agricultural 1-acre (RA-la), Multiple-Family Residential 1,500 SF (RM-1.5) and Village Commercial 10,000-square feet (CV-10) with other properties across Waikoloa Road zoned Single-Family Residential 10,000-square feet (RS-10) and Multiple-Family Residential 1,500-square feet (RM-1.5). Existing surrounding land uses include commercial/retail uses such as Waikoloa Plaza and Waikoloa Highlands Center to the north and industrial uses at an existing quarry to the south, as well as residential uses in existing developments including Makana Kai at Wehilani and Paniolo Greens. Additionally, vacant land to the east of the subject property is associated with an existing ordinance that approved the Highlands Golf Estates, a proposed residential/golf subdivision. Heather Kimball, Council Chair and Members of the County Council County of Hawai`i March 15, 2024 Page 3 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 Light Industrial Center is consistent with promoting a mix of light industrial and commercial 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. • Support the creation of industrial parks in appropriate locations as an alternative to strip development. • Achieve a broader diversification of local industries by providing opportunities for new industries and strengthening existing industries. Heather Kimball, Council Chair and Members of the County Council County of Hawai`i March 15, 2024 Page 4 • 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. • Industrial-commercial mixed use districts shall be provided in appropriate locations. • Require developers to provide basic infrastructure necessary for development. Additionally, the request conforms to the following General Plan courses of action in Section 14.4.5.6.2, specific to the South Kohala District: • Industrial development should be in harmony with surrounding uses and the environment. • Identi.n)sites suitable for future industrial activities as the need arises. 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 Medium Density Urban and Industrial. In a letter dated March 13, 2023, the Planning Department confirmed to the applicant that the LUPAG designation for the subject property can be interpreted as Industrial which includes uses such as manufacturing and processing, wholesaling, large storage and transportation facilities, light industrial and industrial-commercial uses. In addition, the subject property is located within the South Kohala Community Development Plan (SKCDP) which depicts the subject property as within an area planned for a "commercial center." Section 5.2 of the SKCDP, Policy 1, states "Provide Infrastructure and Facilities for a Growing Community" as an overarching policy for land use and environmental management in Waikoloa Village. The proposed MCX-20 zoning Heather Kimball, Council Chair and Members of the County Council County of Hawaii March 15, 2024 Page 5 would allow for a mix of industrial and commercial uses and the proposed development aims to provide light industrial facilities for a growing community, thus, it supports this policy for development in Waikoloa Village. • Based on the preceding, the proposed MCX-20 zoning would be consistent with the General Plan and SKCDP. All essential utilities and services are available to the site.Access to the subject property will be from a private road named Hale Hana Street which runs through an adjacent parcel, TMK No. (3) 6-8-003:032, owned by the same landowner as the subject property, and intersects with Waikoloa Road, a county-owned and maintained roadway consisting of a pavement width of 60 feet at the location of the proposed access road, within a 120-foot-wide right-of-way. The access road will be located directly across Waikoloa Road from Ehu Kai Loop and designed to form a new 4-way intersection. A condition of approval will be included to require execution and recordation of an easement to establish the legal right to use the private access road, in favor of the subject property. The Transportation Impact Assessment Report (TIAR) included with the application, found that even with additional traffic generated by the proposed development, the Ehu Kai Loop / Hale Hana Street intersection projected to operate at LOS D or better, an acceptable peak hour LOS, as an unsignalized intersection, in projections for 2028 peak hour intersection operations. The TIAR also included several recommendations to mitigate traffic impacts from the proposed project and to support alternative transportation methods such as walking, bicycling and use of the Hele-on bus system. Additional comments regarding roadway access and traffic were received from the Waikoloa Village Association (WVA) and the South Kohala Traffic Safety Committee (SKTSC), with requests to address traffic mitigation for the proposed use along with impacts of future development. SKTSC expressed support for the TIAR recommendations regarding alternative transportation methods. The Department of Public Works (DPW) noted that all connections and construction within the County right-of-way shall conform to Hawai`i County Code and that the applicant shall install streetlights and traffic control devices,as may be required by DPW, Traffic Division. Conditions of approval will be included to address the preceding. Heather Kimball, Council Chair and Members of the County Council County of Hawai`i March 15, 2024 Page 6 In response to agency and association/public comments, the applicant indicated that they have no major objections to agency requests or to the TIAR recommendations. Based on the preceding, a condition of approval will be included to comply with agency requirements and implement the TIAR recommendations. Potable and fire suppression water will be provided by the West Hawai`i Water Company (WHWC), which is a private water provider that has been approved by the State Public Utilities Commission (PUC). A condition of approval will require the applicant to provide water for the proposed use through an agreement with WHWC. There is no County sewer system in the area, however, service will be provided by the West Hawai`i Sewer Company, a private wastewater disposal provider approved by the PUC. A condition of approval will require the applicant to provide wastewater service for the proposed use through an agreement with WHSC. Solid waste will be handled by a private waste management service and disposed of at authorized landfill sites or transfer stations, all essential utilities are available to the property and the closest police, fire and medical facilities are located nearby in Waimea. 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, Hawai`i Revised Statutes, relating to Coastal Zone Management Area. The subject property is located approximately 4.7 miles from the nearest shoreline, is not situated within the Special Management Area and will not be impacted by coastal hazards and beach erosion. The Ka Pa`akai 0 Ka `Aina Assessment included with the application (and discussed further below) notes that the subject property is in an area once crisscrossed with trails used by early Hawaiians to access resources between the coast and upland regions, and that these trails were later repurposed by paniolo for ranching uses. According to the Assessment, one such trail passed just north of the subject property, but its physical traces have been Heather Kimball, Council Chair and Members of the County Council County of Hawai`i March 15, 2024 Page 7 disturbed and never identified during archeological surveys of the area. The State Historic Preservation Division (SHPD), by letter dated January 26, 2022, noted that a 2021 archeological inventory study (AIS) found no historic properties in the subject area and provided a determination of no historic properties affected. Based on this determination, the proposed request and use of the property will not adversely impact such resources. 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: A Ka Pa`akai 0 Ka `Aina Assessment (Assessment) was submitted for the subject property, prepared by ASM Affiliates in May 2023. The Assessment concluded that no valued, historical, or natural resources, including traditional and customary native Hawaiian rights, will be affected or impaired by the proposed rezone, and includes no recommendations for mitigative actions. A biological survey of the subject property and adjacent properties was conducted by Geometrician Associates, LLC, in April 2021. The survey, which included a botanical survey and a faunal survey focused on birds and introduced mammals, reptiles, or amphibians, found no listed, threatened, or endangered species in the survey area, concluded that no significant effect on native land birds would be expected and provided several recommendations to minimize impacts to any potential listed and endangered species. A condition of approval will be included to address the preceding. • The valued cultural, historical, and natural resources found in the rezoning area: The property is vacant with no existing structures. There are no known valued cultural, historical, and natural resources to be found in the rezoning area. As noted above, SHPD provided a determination of no historic properties affected and the.Assessment concluded that no valued, historical, or natural resources, including traditional and customary native Hawaiian rights, will be affected or impaired by the proposed rezone. • Possible adverse effect or impairment of valued resources: As mentioned previously, there is no evidence of any possible adverse effects or impairments that will occur to any valued resources. Heather Kimball, Council Chair and Members of the County Council County of Hawai`i March 15, 2024 Page 8 ■ Feasible actions to protect native Hawaiian rights: As mentioned previously, the Assessment concluded that no valued, historical, or natural resources, including traditional and customary native Hawaiian rights, will be affected or impaired by the proposed rezone. 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. However, a condition of approval will be added for the protection of inadvertent finds should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered. 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 an Open (0) 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 6-8-03 (Waikoloa Village 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/fo1/128334/Row1.aspx Heather Kimball, Council Chair and Members of the County Council County of Hawai`i March 15, 2024 Page 9 • Should there be any questions, please feel free to contact Planning Program Manager, Maija • Jackson at(808) 961-8159. Sincerely, Ex-bara Defranco Barbara DeFranco(Mar 15,2024 13:31 HST) Barbara DeFranco, Chairperson Leeward Planning Commission P\wp60\PC\PCC2024-1\LWaikoloaVillageCenterPL-REZ-2023-0521pc Enclosure: Draft Bill cc via email w/draft bill: Sidney Fuke, Planning Consultant Greg Brown, Waikoloa Village Center, LLC Department of Public Works Department of Water Supply Jean Campbell, Esq., Deputy Corporation Counsel Suzanna Tiapula, Esq., Deputy Corporation Counsel