HomeMy WebLinkAboutCOM 0015.000 2014-2016William P. Kenoi
Mayor
West Hawaii Office
74 -5044 Ane Keohokalole Hwy
Kailua -Kona, Hawaii 96740
Phone (808) 323 -4770
Fax (808) 327 -3563
County of Hawaii
PLANNING DEPARTMENT
Duane Kanuha
Director
Bobby Command
Deputy Director
East Hawaii Office
101 Pauahi Street, Suite 3
Hilo, Hawaii %720
Phone(808)961 -8288
Fax (808) 961 -8742
o �
November 28, 2014 ° o
Sidney M. Fuke, Planning Consultant_
100 Pauahi Street, Suite 212 1v
Hilo, HI 96720
Dear Mr. ke:
SUBJECT: Application: Non - Significant Zoning Change (NZC -14. 000022)
Agent: SIDNEY M. FUKE, PLANNING CONSULTANT
Applicant: QUEEN LILIUOKALANI TRUST
Land Owner: LILIUOKALANI TRUST ESTATE
Tax Map Key: (3) 7 -4- 015:016 — KONA INDUSTRIAL SUBDIVISION
Keahuolu, North Kona, Island of Hawaii, Hawaii
This is to acknowledge receipt on November 18, 2014 of the Non - Significant Zoning Change
Application and attachments.
The subject parcel consists of 2.828 acres. Proposed changes, in square feet, to the zoning areas
are as follows:
ZONING
MCX -20
MG -1a
Lot Size 123,188 s . ft.
NET CHANGE
-4,412 s . ft.
+4,412 s . ft.
% CHANGE
-3.6
+3.6
With a parcel size of 123,188 square feet and the requested zoning change area of 4,412 square
feet, the change is approximately 3.6% of the parcel.
According to Section 25 -2-45 of the Zoning Code regarding Non - Significant Zoning Changes, the
Planning Director may administratively grant non - significant zoning changes. It must comply with
the designations for the property set forth in the general plan and any development plan adopted
by ordinance, and must not result in an increase or decrease in any zoning designation affecting
more than five percent of the area, or one acre, of any lot, whichever is less. Comm. No. is
Ref. To:
Ref. Date —LC7 C —
Ncwv,.cohplanningdept.aoni Haivai'i County is an Equal Opportunity Provider and Employer nni is a ha«aiiecuuitc. to _
Sidney M. Fuke
Planning Consultant
Page 2
November 28, 2014
Upon review of the request, we have determined that it complies with the criteria set forth in
Section 25 -2 -45(2) of Chapter 25, Hawai'i County Code, for determining non - significant zoning
changes:
1) The area under review is in compliance with the General Plan. The County of Hawaii
General Plan (2005) became effective on February 9, 2005. The subject parcel is
designated as Industrial (ind) on the Land Use Pattern Allocation Guide (LUPAG) Map.
2) The adjustment of zoning boundaries does not result in an increase or decrease in any
zoning designation affecting more than five percent of the area, or one acre, of the lot.
The increase /decrease of 4,412 sq. ft. for each zoning designation is less than five
percent.
Based on the above, we hereby administratively grant the requested non - significant zoning
change.
Should you have any questions, feel free to contact Jonathan Holmes of this department.
Sincerely,
'L
DUANE KAHUHA
Planning Director
JRH:nci
1%011331planninglpublidAdmin Permits DivisionlNon Significant Zoning12014 RequestsWZC- 14- M221Deterrninaton.docz
xc w /app: " Hawai'i County Council
Real Property Tax Division -Kona
Planning - West Hawai'i Office
xc letter only: SUB -14- 001404
G. Bailado, GIS Section
ase +s
NONSIGNIFICANT ZONING CHANGE APPLICATION
COUNTY OF HAWAII PLANNING
DEPARTMENT
APPLICANT: Queen Liliu'okalani Trust/Michae�l_W�alsh, V -P
APPLICANTS SIGNATURE:' MATE: 11/19/2014
APPLICANT'S ADDRESS: 1100 Alakea Street, Suite 1100
Honolulu, HI 96813
APPLICANT'S PHONE (Bus.) (808) 203 -6150 ( Res.)
APPLICANTS AGENT: Sidney Fuke, Planning Consultant
AGENT'S ADDRESS: 100 Pauahi Street, Suite 212
Hilo, HI 96720
AGENTS PHONE: (Bus.) (808) 989 -0640 (Res.)
LANDOWNER: Queen �Liilliu`okalani Trust
LANDOWNER'S SIGNATURE:
LANDOWNERS ADDRESS: 1100 Alakea Street Suite 1100
Honolulu, Hl 96813
TAX MAP KEY: , (3) 7 -4 -015: 016
REQUEST: MCX -20 TO MB -1a
(Existing Zoning) (Proposed Zoning)
SIZE OF AFFECTED AREA(S): 41443 +/- square feet
05j"A 11
NON SIGNIFICANT ZONE CHANGE REQUEST
QUEEN LILI'UOKALANI TRUST
KEAHUOLU, NORTH KONA, HAWAII
TMK: (3) 7-4 -015: 016 por
I. INTRODUCTION
The applicant and landowner, Queen Lili'uokalani Trust ( "Applicant ") is the
owner of two (2) contiguous properties situated within the Kona Industrial
Area and identified by TMK: (3) 7-4 -015: 016 ( "subject parcel') and (3) 7 -4-
025: 019 ( "adjoining parcel'). The subject parcel is zoned Heavy Industrial
(MG -1 a), while the adjoining property is zoned Mixed Commercial - Industrial
(MCX -20).
As a result of a recent survey, the applicant discovered that portions of a
parking area and a retaining wall associated with the development/uses on
the subject parcel were situated on the adjoining parcel. The encroached
area consisted of 4,412 square feet.
To address this encroachment issue, a consolidation /resubdivision
application was filed with the County Planning Department. However, as the
two parcels fall within the County Special Management Area ( "SMA "), a SMA
assessment application was filed and subsequently approved in a letter,
dated October 3, 2014. (Exhibit A) Because the parcels are zoned
differently, the SMA approval had a condition requiring the applicant to
submit either a rezoning or non - significant zone change application for the
encroached portion so that the zoning of the subject parcel would not have a
dual or split zoning. This application is being filed pursuant to said condition.
Subsequent to the SMA approval, in a letter, dated October 23, 2014, the
consolidation /resubdivision application was granted final approval. As a
result, the subject parcel was increased in size by 4,412 square feet or from
2.727 acres to 2.828 acres.
In that regard, the applicant is requesting the rezoning of a 4,412 square
foot area from MCX -20 to MG -1a. In the end, the subject parcel would
consist of a total of 2.828 acres of MG -1 a, while the adjoining property would
still be zoned MCX -20, but its area would be reduced by 4,412 square feet.
111. PROJECT LOCATION
The subject parcel is located on the mauka side of Luhia Street and north of
Kaiwi Street, adjacent to the Queen Ka'ahumanu Highway in Keahuolu,
North Kona. The subject parcel, as a result of the recent consolidation and
resubdivision action now consists of 2.828 acres. (Figure 1)
III. PROJECT DESCRIPTION
As noted above, the applicant recently acquired the buildings and related
improvement on the adjoining parcel (TMK: (3) 7 -4 -025: 019). It was then
discovered that a portion of the parking lot and a retaining wall related to and
situated on the subject parcel encroached on the adjoining parcel. A
condition of the sale required that the encroachment issue be resolved by
having the encroached portion be made a part of the subject parcel.
This application has since been approved. The adjusted layout and the
formerly encroached area are depicted in the approved subdivision map
found in Figure 2.
However, the zoning of the encroached area is Mixed Commercial Industrial
(MCX -20), while the subject parcel is zoned General Industrial (MG-1a). A
condition of the SMA Assessment application (See Exhibit A), however,
required that the encroached area be rezoned MG -1 a, similar to the zoning
of the subject parcel. The encroached area consist of 4,412 square feet, as
depicted in Figure 3.
IV. CONFORMANCE WITH STATE /COUNTY PLANS
A. State Land Use
The subject area is designated Urban. As such, land use jurisdiction
rests with the County of Hawai'i, and no State Land Use Commission
action is required.
B. County General Plan LUPAG
The County General Plan Land Use Pattern Allocation Guide (LUPAG)
map designates the subject site and immediate surrounding area
Industrial. The proposed non - significant zone change would be
consistent with this designation. As such, no General Plan amendment
would be required to effectuate this project.
C. County General Plan Policies
The requested zoning would be consistent with the goals, policies, and
standards of the General Plan document.
N
I
'I
CI
1
' a
avflu fMv -1vi
v�.-1 r:c:v� �. - s� s a•�'W `a:w czn� �at �.l�a
Figure 1
zz
�o
r.�
K
O
Et\�
.tea
n
0
2
j
o
� C
�b
h'y
hPti
J2�
�D p,
Cyr,
Q1
5
Q
1;
2
O
i
I. o
e
�' Il
I
I
m
J o I
2� I
F
x
I
I
I
a �a
W� �s
1
' a
avflu fMv -1vi
v�.-1 r:c:v� �. - s� s a•�'W `a:w czn� �at �.l�a
Figure 1
zz
�o
r.�
K
O
Et\�
.tea
n
0
2
j
o
� C
�b
h'y
hPti
J2�
�D p,
Cyr,
Q1
5
Q
1;
2
O
�F
fi
gt� /
e� a
m�
—s .w
g
U
3 t{
S�
3
Y
o R
i
Figure
2:
c�k} Vu�
y�s bpi
g :F
aw�
m
S(REY
L"LOKI)
s
s$f
3 E
fi
ill V �;
3 y
�8^
i�
a
K
Y
4
a
F
�i
�
O
O
Y
b
�
m
C�^��•�
to
�
vc: �
00
ry
� •o
�2ti
3jO
Qm
paw
Q
O
J
b
X02
o
J
m
jZ
LO
zZ
ro
"' °^
zz
w
in
U
ca
R a
4 ai
O
c
a O
O
O
m
m
S(REY
L"LOKI)
s
s$f
3 E
fi
ill V �;
3 y
�8^
i�
a
K
Y
4
a
F
o e Ty�\ \�`� �` /� e✓ � \ �1 yam,
00101 1
d6'�
tit
IQ
fir,
x d} '
pl O rt�
11-0
o n I n
C U1 Q U R1
Y
�C) O
In
QL
17
� IV `7 �V O a ,y I i •. � \ reeD — .�rsu :csnr = o
x=waaa -
A o 41 e
O
o j
Q O wDr— ____ _ - -----------
______ - __—
i
�wwm i
i
m Y
032US IMIVN
P4
se x
- A
A Figure 3
For one, the rezoning would enable the continued parking use and
related improvements needed to support on -going industrial and
industrially - related uses to continue unimpeded. In that sense, it would
provide some measure of economic stability for those and future uses
on the subject parcel.
The request would thus be specifically consistent with the following goals
and policies of the Economic element of the General Plan:
Goals
• Provide residents with opportunities to improve their quality of
life.
• Economic development and improvement shall be in balance
with the physical and social environments of the island of
Hawaii.
• The County of Hawaii shall strive for diversity and stability in its
economic system.
• The County shall provide an economic environment which
allows new, expanded, or improved economic opportunities
that are compatible with the County's natural and social
environment.
Policies
• The County shall provide an economic environment which
allows new, expanded, or improved economic opportunities
that are compatible with the County's natural and social
environment.
• The County shall strive for an economic climate which provides
its residents an opportunity for choice of occupation.
• The County shall strive for diversification of its economy by
strengthening existing industries and attracting new endeavors.
• The County shall encourage the development of a visitor
industry which is consistent with the social, physical, and
economic goals of the residents of the County.
The uses on the subject parcel have and continue to be energy
conscious through the use andlor encouragement of solar energy and
design features to take advantage of the sun and wind patterns.
Maintaining and improving the quality of the environment is important to
the success of this project. The General Plan identifies five (5) areas of
environmental concerns - air pollution, water quality, soil pollution, solid
waste disposal, and noise pollution. As proposed, the project would not
be violative of any of those objectives.
The intent of this rezoning is essentially to rectify an encroachment issue.
As such, it should not generate any additional vehicular or use oriented
air pollution.
It should also be noted that all uses on the subject parcel dispose of their
waste into the County's sewer system. Likewise, solid waste is currently
being handled by either commercial haulers and disposed off in
authorized landfills. Because of the nature of the request, there would be
no additional wastewater or solid waste to be generated.
The project will also not inherently be a noisy one and would be typical of
any use in this area. Any noise - generating facility - such as air
conditioners or fans — on the balance of the property has been in
compliant with State Department of Health noise regulations.
The subject area is outside of any floodway. Nonetheless, if required, a
drainage system could be designed and constructed (especially in
conjunction with the building permit approval process) in a manner to
protect the property as well as to minimize the volume of surface runoff
generated by this development.
Because of its current developed use as a parking lot and retaining wall,
the site would not appear to have historic sites. Nonetheless, work will
cease if unanticipated archaeological remains are discovered in
conjunction with future improvements to the site and appropriate
protective protocols will be adhered to.
While there have been sightings of the Hawaiian crow (Alala) or the owl
(Pueo), this area is not their primary habitat. As such, the subject project
should not have any significant impacts on rare or endangered plant or
animal life in this area.
The Plan also emphasizes that a development be mindful of an area's
natural beauty. In this situation, the project is already improved. It
8
should thus not affect any of the existing views or natural beauty
considerations of this area.
As the project site is situated nearly a mile from the ocean, the usual
coastal resources concern is not pronounced. There will be no
interference with shoreline access. Then, too, through the continued use
of the county wastewater system, impacts to the coastal water will be
minimized.
There will be marginal impact to public facilities, as no uses are planned
for the area of the rezoning. Notwithstanding that fact, it should be noted
that the site is serviced by the County wastewater and water systems.
Vehicular access to the site is already fully improved and no additional
access is being planned. Schools and other public facilities are also
located proximate to the site, most of them being less than two miles
away.
Finally, in relation to the land use element, the project would be
consistent with the following goals, policies, and standards:
Goals
• Provide for commercial developments that maximize
convenience to its users.
• Provide commercial developments that complement the overall
pattern of transportation and land usage within the island's
regions, communities, and neighborhoods.
Policies
Commercial facilities shall be developed in areas adequately
served by necessary services, such as water, utilities, sewers,
and transportation systems. Should such services not be
available, the development of more intensive uses should be in
concert with a localized program of public and private capital
improvements to meet the expected increased needs.
• Distribution of commercial areas shall be such as to best met
the demands of neighborhood, community and regional needs.
• The development of commercial facilities should be
designed to fit into the locale with minimum intrusion while
providing the desired services. Appropriate infrastructure and
design controls shall be incorporated into the review of such
developments
Standards
• Commercial developments shall be located in areas
adequately served by transportation, utilities, and amenities.
Commercial developments shall provide for adequate internal
circulation amongst commercial facilities in the area.
• Off - street parking and loading facilities shall be provided.
• Commercial development shall maintain or improve the quality
of the present enwronment through the consideration of visual,
access, landscaping, and other design elements in their
development.
• Preference shall be given to commercial lands with a
reasonably level topography.
In view of the foregoing goals and policies, it is noted that the requested
zoning would be consistent with the Industrial designation of the LUPAG
map. It would also be generally compatible with the surrounding area.
There are commercial and industrial zones in this area.
Given its urban characteristics and already improved condition, the soil of
the site is no longer classified by either the Land Study Bureau or State
of Hawaii Agricultural Lands of Importance mapping system.
The area of the requested zoning has no severe topographic or geologic
problems that would render the land unusable for the continued use of
the site as a parking lot and retaining wall. .
D. Kona Community Development Plan (CDP)
Section 15.1 of the County General Plan called for the development
and eventual County Council adoption of CDPs. The General Plan states
that the CDP "will translate the broad General Plan statements to specific
actions as they apply to specific geographical areas." The General Plan
also notes that should the CDP require a General Plan amendment, it
could be considered concurrent with the adoption of the CDP. However,
It,
"If there is a direct conflict between the Community Development Plan
and the General Plan, the General Plan shall be controlling." (emphasis
added)
Pursuant to the above, the Kona CDP was developed and adopted by the
County Council during the latter pail of the year 2008. The CDP
identified its vision to be "A more sustainable Kona characterized by a
deep respect for the culture and the environment...."
The subject property falls within the Kona Urban Area ( "UA ") as outlined
in Figure 4 -7 of Kona Land Use Map of the CDP. More specifically, it
falls within the planned Transit - Oriented Development ( "TOD ") area for
Kailua Regional Center on Figure 4 -3 of the CDP's Official Concurrency
Map.
As noted earlier, this request is not designed to expand but to
accommodate an encroachment issue associated existing uses. As
such, under that basis, there should be no intensification of land use or
traffic - generation associated by this request.
The CDP identified several principles related to this "vision." These
principles and their relationship to the proposed rezoning follow.
a. Protect Kona's natural resources and culture.
The subject area does not have any critical natural resources, having
been already fully improved. The site is designated "X" on the
Federal Emergency Management Agency's Flood Insurance Rate
Map. This is areas outside of the 100 -year storm. Appropriate on -site
mitigation to accommodate project - generated drainage — if needed —
could be addressed and implemented during any further construction
of the site. Furthermore, any significant archaeological or cultural
features should not be found, due to the developed nature of the
subject area.
b. Provide connectivity and transportation choices.
The area of this proposed rezoning is not identified as any future
connector road.
c. Provide housing choices.
As the nature of this rezoning request is not a housing project, this
principle does not have any direct applicability.
7
d. Provide recreation opportunities.
This principle does not have any direct applicability.
e. Direct future growth patterns toward compact villages, preserving
Kona's rural, diverse and historical character.
The location of this site is proximate to already established industrial,
commercial, and residential areas. As such, its continued industrial
use would further promote or foster this objective.
f. Provide infrastructure and essential facilities consistent with growth.
While not necessary for the intended use of this site, the basic
infrastructure such as access, wastewater, and water are already
available.
g. Encourage a diverse and vibrant economy emphasizing agriculture
and sustainable economies.
As the site falls within an Urban area, the Land Study Bureau has no
classification of the site relative to agricultural activity. As such and
given its relationship to existing urban uses, its agricultural potential is
diminished. However, its continued industrial use within an
established commercial /industrial core would support other uses in
this area.
h. Promote effective governance.
This principle is not applicable.
In summary, the requested MG -1a zone for the proposed use of the
subject site to rectify an encroachment issue would be consistent with the
land use component of the CDP. Further, it would also be consistent with
the spirit of the Concurrency policy.
E. County Zoning
If approved, the zoning of the entire subject parcel would be one. As
such, there would be no potential for conflicting land use, as the MCX -20
zoning of the requested area allows uses that are not permitted in the
basic parcel's MG -1 a zone.
F. Relationship to SMA Objectives and Policies
The site is situated within the County Special Management Area (SMA).
As such, a SMA Assessment permit required the submittal of a zone
change to make the zoning of the entire parcel consistent. Nonetheless,
at the risk of being redundant, the requested rezoning's relationship to
the SMA goals and objectives follow.
The site is not adjacent to the ocean. It is more than a mile from the
shoreline. As such, the proposed action should not have any adverse
impacts on the area's coastal recreational and marine resources nor
have any impacts on beach protection.
The likelihood of this improvement having any impacts to the area's
historic resources is not high. The site was previously cleared and
currently fully improved and used as a parking lot and retaining wall. In
the event any archaeological features are found during any future earth
disturbance activity, work will stop within the affected area and
appropriate clearances from the State DLNR -HPD and County Planning
Department will be secured before work resumes.
The proposed action will NOT involve the construction of improvements
in an urban setting. Accordingly, there is very little or no potential visual
impact to the area's scenic and open space resources.
Relative to the Coastal Ecosystems, impacts should be negligible, if at
all, as the site is located well over a mile from the ocean. Further, the
nature of the project is to confirm the long- existing existing parking lot
and retaining wall use within the requested rezoning area,
The proposed action will result in creating a more efficient business
operation, thus stabilizing and possibly increasing the existing workforce.
In so doing, the project could aid the economy of this area and the overall
economic use of this site and the area in general.
Because of its distance from the shoreline, the site should not be subject
to coastal hazards.
Relative to the managing development objective, this function is more
applicable to the "authority" or approving agencies. However, it is noted
that the request would operate and be constructed within the scope of the
Zoning Code. The subject area would be zoned MG -1a. As the uses are
already established, it is presumed that their uses are consistent with the
0
zoning and related development codes. In that regard, the project would
be consistent with this policy.
Finally, in terms of the public participation objective, this is generally a
public agency function. This is achieved through the Marine and Coastal
Zone Management Advisory Group (MACZMAG). Furthermore, notices
of this application will be sent by the applicant to surrounding property
owners of the submittal of this application, and a sign of this application
has to be posted on the property.
Based on the foregoing, it is concluded that the requested application
would be consistent with the objectives, policies and guidelines of the
Coastal Zone Management Policies, as outlined in Chapter 205 -A -23,
HRS and Planning Commission Rule No. 9 relating to Special
Management Area.
V. RELATIONSHIP TO NON - SIGNIFICANT ZONE CHANGE GUIDELINES
The pertinent provision relating to this request is Chapter 25 -2 -45, as
amplified by Planning Department Rule 8.
Specifically, Rule 8 -5 outlines the criteria under which requests of this nature
can be processed. These criteria and the request's relationship to them
follow.
1. Does not result in a substantial increase or decrease in any zoning
designations.
The area to be rezoned from the MCX -20 to the MG -1a district consists
of a total of 4,412 square feet. The balance of the subject parcel that is
zoned MG -1a consists of a 2.727 acres or 118,788 square feet. Thus,
this request should not result in numerically any substantial increase or
decrease in zoning designations. In the end, the MG -1a area would
consist of 2.828 acres or 123,187 square feet, an increase of 4,412_
square feet or less than 4% of the total parcel size.
2. Does not affect more than five percent or one acre of any parcel of
property, whichever is less.
This specific criterion requires that the affected area of a parcel not
exceed 5% of a parcel or one (1) acre, whichever is less. The subject
parcel consists of 123,187 square feet. The area to be rezoned consists
10
of 4,412 square feet, which is less than one (1) acre and represents less
than 4% of the total parcel size. Thus, this criterion can be met.
3. Does not result in a substantial change in the density of the zoned area.
As noted earlier, the resultant rezoning will not result in the further
intensification of land uses, as both the existing (MCX -20) and proposed
(MG -1a) zonings are already zoned industrial. Further, the additional
zoning would still be too small to enable the existing zoned area
consisting of 2.727 acre to be further subdivided. The additional zoning
area would increase the zoning to 2.828 acres and not 3 or more acres.
4. Is in compliance with the General flan and development plan
designations of the property.
This is covered extensively in Chapter IV of this report.
II
William P. Kenoi
Mawr
West Hawaii Office
74 -5044 Ane Keohokalole Hwy
Kailua- Kona, Hawaii 96740
Phone (808) 323 -4770
Fax (808) 327 -3563
October 3, 2014
Mr. Michael R. Walsh
Queen Lili`uokaIani Trust
1100 AIakea Street, Suite 1100
Honolulu, HI 96813
Dear Mr. Walsh:
i
County of Hawai'i
PLANNING DEPARTMENT
II lane Kanuha
Director
Bobby Command
Deputy Director
East Hawai'i Office
101 Pauahi Street, Suite 3
Hilo, Hawai'i 96720
Phone (808) 961 -8288
Fax (808) 96 t -8742
is I'ElVED
L i A 201 =`4
SUBJECT: Special Management Area Use Permit Assessment Application No. 14-001185
Applicant: Queen Lili`uokalani Trust
Landowner: Queen Lili`uokalani Trust
Request: Parcel Consolidation & Resubdivision of Two Lots into
Two Lots
Tax Map Key(s): (3) 7- 4- 015:016 & (3) 7- 4- 025:019
Keahuolu, North Kona, Hawaii
This is to acknowledge receipt of the subject Special Management Area Use Permit Assessment
Application (SAA 14 -1185) on September 23, 2014, to allow for parcel consolidation and
resubdivision of the subject properties in order to correct existing development encroachments,
namely the placement of a retaining wall and parking facilities in connection with the
development on Parcel 16 that are partially situated on Parcel 19.
Lot l -B, being a portion of TMK 7 -4 -15:16 consists of 2.727 acres, is situated in the State Land
Use (SLU) Urban district, zoned General Industrial (MG -la) by the County, and designated
Industrial by the Hawaii County General Plan Land Use Pattern Allocation Guide ( LUPAG)
neap. Lot 1 -C is a roadway lot (portion of Kaiwi Street), being the other 0.752 -acre portion of
TMK 7- 4- 15:16, was created by SUB 5729 in December 1988. According to our records Lot 1-
C has not yet been conveyed to the County of Hawaii, explaining why it appears to remain
associated with Parcel 16. However, no portion of Lot 1 -B or 1 -C is currently within the Special
Management Area (SMA).
TMK 7- 425:19, consisting of 4 -507 acres, is situated in the SLU Urban district, zoned
Industrial- Commercial Mixed (MCX -20) by the County, and designated Urban Expansion and
Industrial on the LUPAG map. This parcel is entirely within the SMA, but does not have
frontage along the shoreline.
EXIMIT A
www.c0hplanningdept.com Hawaii County is an Equal Oppomm iry Providerand Employer manning @co_hawaii.hi.us
Mr. Michael R. Walsh
Queen Lili`uokalani Trust
Page 2
October 3, 2014
Special Management Area Determination:
According to Chapter 205A -22, Hawaii Revised Statutes, and Planning Commission Rule 9-
4(e)(2)(M) relating to Special Management Area, `(sl ubdivision of a parcel of land into four or
fewer parcels when no associated construction activities are proposed, provided that any such
land which is so subdivided shall not thereafter qualify for this exception with respect'to any
subsequent subdivision of any of the resulting parcels" may be determined by the Planning
Director to be exempt from the definition of "development." We. have determined that the parcel
consolidation and resubdivision as proposed in SAA 14-1185 will not have a cumulative impact
or a significant adverse environmental or ecological effect on the SMA, and therefore, is exempt
from the definition of "development" and shall require no further review against the SMA
Guidelines_ However, any substantive changes to the proposed parcel consolidation and
resubdivision may require further review by this office and possibly Cie submittal of another
SMA. Use Permit Assessment Application.
It should be noted that approval of the proposed consolidation and resubdivision will result in
Parcel 16 being split zoned with the new portion being zone MCX -20 and the original portion
remaining as MG -1 a. A portion of Parcel 16 will also be within the SMA making any further
changes to the uses, activities or operations on Parcel 16 subject to SMA review.
Additionally, this determination of exemption from the SMA definition of development is based
on the project description and plans, as submitted, and is subject to compliance with the
following conditions:
I . The applicant, its successors or assigns shall be responsible for complying with all stated
conditions of approval.
2. The applicant shall comply with all applicable requirements of all Federal, State and
County of Hawaii departments and agencies.
3. Within six (6) months after receiving Final Approval of the proposed parcel consolidation
and resubdivision, the applicant shall submit an application for a Nonsignificant ,Zoning
Change or a Change of Zone, whichever may be necessary to effect a consistent zoning
designation to the entire new Parcel 16
4. Any further development, including but not Iimited to, the construction of structures of
any type shall require further review and approval as provided under Chapter 205A,
HRS, and Rule 9, Planning Commission Rules of Practice and Procedure.
5. An extension of time for the performance of the conditions contained herein maybe
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;
Mr. Michael R. Walsh
Queen. Lili `uokalani Trust
Page 3
October 3, 2014
b) Granting of the time extension would not be contrary to the original reasons for the
granting of the permit; and
c) The time extension granted shall be for a period of nat to exceed the period
originally granted for performance (i.e_, a condition to be performed within one year
may be extended up to one additional year).
6. The Planning Director shall initiate procedures to revoke this determination should any of
the conditions not be met or substantially complied with in a timely fashion.
If you have questions or require further information, please feel free to contact Larry Brown at
(808) 961 -8135 or Lucas Mead at (808) 961 -8140.
Sin,-.erely,
DUA NUI
Planning Director
LB:cs
\ \Coh33\ planning% public \wpwin60 \C2tvi\SMAAVO]4\SAA 11- 1185QLTPC &R.doc
cc: Long Range Planning
Administrative Permits Division
Planning Kona Office
Mr. Sidney Fuke
104 Pauahi Street, Suite 212
Hilo, HI 96720