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Home My WebLink AboutPD RECOMMENDATION REPORT (PD INITIATED_REPEAL ORD-97-106_REZ 869) RPDinitiatedKuawaREZrepea1.erk.10.20.2021 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION PLANNING DIRECTOR INITIATED REPEAL CHANGE OF ZONE ORDINANCE NO. 97 106 (REZ 869) Upon careful review of the request, the Planning Director recommends that the Planning Commission forward a favorable recommendation to the Hawaii County Council of this action to repeal Ordinance No. 97 106,which will revert the current zoning of the subject properties from Industrial Commercial Mixed-20,000 square feet(MCX-20)to the original Limited Industrial-20,000 square feet(ML-20) zoning district. Since this recommendation is made without the benefit of public testimony,the Director reserves the right to modify and/or alter the recommendation. This favorable recommendation is based on the following findings: The Planning Director is initiating a request to repeal Ordinance No. 97 106 in response to a written request submitted by representatives of Chaqueaux, LLC who purchased four of the five parcels (with the exception of parcel 104) in January 2021. The repeal would revert the zoning of all five parcels totaling 147,736 square feet of land to their original ML-20 zoning designation from the current MCX-20 zoning designation. According to the request, following the purchase of four(4)parcels in 2021, the landowners inquired about obtaining Plan Approval for uses on one of the properties. At that time, they were informed that due to the previous owners' non-compliance with conditions of the subject ordinance, Plan Approval for uses permitted in either zoning district would not be possible. A review of Planning Department records indicates that none of the conditions of the subject ordinance have been complied with, including Condition C (time to complete construction) and Condition E (roadway improvements),which required compliance within five years and three years respectively from the effective date of the subject ordinance,which was August 13, 1997. As the landowners have no intention of developing any uses permitted in the MCX zoning district,they are requesting that the Planning Director initiate rezoning to its 1 original zoning, pursuant to Condition N of the subject ordinance,which allows the Director to initiate reversion of land to its original zoning or rezoning to a more appropriate designation should conditions of approval not be met or substantially complied with in a timely fashion. As parcel 104 is owned by a separate entity (159 Kalanikoa SP, LLC), representatives of Chaqueaux, LLC contacted them to determine if they would like to join in the reversion request. At the time of this writing, neither Chaqueaux, LLC nor the Planning Department has received a response. Parcel 104 is improved with a structure permitted and built prior to the subject rezone that includes a self-storage facility and business center currently consisting of a furniture repair facility/store and an ambulance base yard and accessory office and related improvements. As the preceding uses are permitted uses in either zoning district,the requested reversion would not impact their existing use, so the Planning Director has agreed to initiate the repeal of the subject ordinance in its entirety, which will revert the zoning of all five parcels. Since the subject parcel was rezoned, there has not been any significant land use regulatory changes in this area. The proposed reversion to the original ML-20 zoning would be consistent with the General Plan's Land Use Pattern Allocation Guide (LUPAG)map Industrial designation,which allows for a "manufacturing and processing, wholesaling, large storage and transportation facilities, light industrial and industrial-commercial uses. Furthermore, it is consistent with the Hilo CDP,which recommends the zoning in the area to remain industrial and will conform to the overall industrial character of the surrounding area which has been extensively developed for commercial and limited industrial uses. The subject parcels are not situated within the Special Management area and given their extensive history of urban/industrial development, there are no known archaeological, historical, or cultural resources and no protected/endangered floral or faunal resources found on the subject parcels. With the exception of parcel 103 that is improved with the now unoccupied former Morning Dew Restaurant and Lounge building and parcel 104 that is improved with a self-storage facility and business center,the other parcels are vacant of structures 2 with deteriorated AC paving. Any new uses on the subject parcels will be required to develop in accordance with the Zoning Code including the requirement to secure Plan Approval, which will ensure appropriate on-site parking, drainage and landscaping requirements will be met. Lastly,this recommendation is made with the understanding that the landowners remain responsible for developing the parcels in compliance with all other applicable governmental requirements in connection with any limited industrial use, prior to its commencement or establishment uponthe subject properties. Additional governmental requirements may include the issuance of building permits, compliance with County Streets, Water, Sewer and 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, a favorable recommendation of the Planning Director's initiated action to repeal Change of Zone Ordinance 97 106 and reclassify lands from Industrial Commercial Mixed-20,000 square feet (MCX-20) to Limited Industrial-20,000 square feet (ML-20)would result in an appropriate land use pattern and would be in the best interest of the general public. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map) is provided for your favorable consideration. Please note as this draft ordinance repeals Ordinance No. 97 106 and reverts the subject properties back to their original ML-20 zoning district,there are no proposed conditions to be attached to this draft bill. 3 JNSY OF hljy COUNTY OF HAWAII - STATE OF HAWAII ,TE OFNF'� BILL NO. (PLANNING DEPT.) ORDINANCE NO. AN ORDINANCE REPEALING ORDINANCE NO. 97 106,WHICH AMENDED SECTION 25-8-33 (CITY OF HILO ZONE MAP),ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION,AS AMENDED),BY CHANGING THE DISTRICT CLASSIFICATION FROM LIMITED INDUSTRIAL— 20,000 SQUARE FEET (ML-20) TO INDUSTRIAL-COMMERCIAL MIXED—20,000 SQUARE FEET (MCX-20)AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-032:023, 101, 102, 103 AND 104. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 97 106 which amended Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2016 Edition, as amended), is hereby repealed in its entirety and the subject property shall be classified back to its original zoning district. SECTION 2. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be Limited Industrial—20,000 square feet(ML-20): Beginning at the southwest corner of this parcel of land and on the east side of Kalanikoa Street,the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI"being 1,129.15 feet North and 10,633.00 feet East, and thence running by azimuths measured clockwise from true South: 1. 1800 00, 495.76 feet along the west side of Kalanikoa Street; 2. 2700 00' 298.00 feet along Kuawa Street; 3. 3600 00' 495.76 feet along the remainder of Grant 11,766, Parcel 2 to Amfac, Inc.; 4. 900 00' 298.00 feet along the remainder of Grant 11,766, Parcel 2 to Amfac, Inc.,to the point of beginning and containing an area of 147,736 square feet, more or less. All as shown on the map attached hereto, marked Exhibit"A" and by reference made a part hereof. SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance,is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 4. This ordinance shall take effect upon approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: 2 OPEN V-7[5 V-7.5 KAMEHAMEHAAVENUE I OPEN CN-10 CN 10 I I OPEN CN-10 MCX 20 ML-20 KUAWA ST I ML 20 I f OPEN OPEN ML-20 w OPEN CX-20 > Q 2 ' LU J LU OQ 1 Y I INDUSTRIAL-COMMERCIAL MIXED LIMITED INDUSTRIAL(ML-20) 1,129.15'N AREA:147,736 SQ.FT. 10,633.00'E ' "HALAI" F- Q O Y OPEN J Y ML-20 ML-20 PEN; CG-7.5 PIILANI ST G 7.5 ML 20 CG 7.5 CG-V.5 Feet 0 400 800 1,200 1,600 2,000 AMENDMENT TO THE ZONING CODE. AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAI'I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM INDUSTRIAL-COMMERCIAL MIXED (MCX-20) TO LIMITED INDUSTRIAL (ML-20) AT WAIAKEA, SOUTH HILO, HAWAII. MAP PREPARED BY: TMK:(3)2-2-032:023,2-2-032:101 through 104 COUNTY OF HAWAI'I, PLANNING DEPARTMENT DATE:October 11,2021 EXHIBIT"A" Planning Director Initiated Map: 1434