HomeMy WebLinkAboutPD Recommendation Report (PL-REZ-2023-000047) R Aloha Kia REZ 8 11 2023
COUNTY OF HAWAI`I PLANNING DEPARTMENT
RECOMMENDATION
ALOHA KIA
CHANGE OF ZONE APPLICATION
(PL-REZ-2023-000047)
Upon careful review of the request against the guidelines for granting a change of zone,
the Planning Director is recommending that a favorable recommendation of the Change of Zone
request be forwarded to the County Council. Since this recommendation is made without the
benefit of public testimony, the Planning Director reserves the right to modify and/or alter this
position based upon additional information presented at the public hearing. This favorable
recommendation is based on the following findings:
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
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
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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-la) 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.
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:
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■ 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 ofpublic 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.
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.
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The predominant land use in this area is a mix of commercial, industrial,
government, and recreation. The requested change of zone from V-.75 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.
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
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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
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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 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.
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• 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 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 (NIL-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.
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�Mti(OF h{
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COUNTY OF HAWAI`I STATE OF HAWAI`I
BILL NO.
ORDINANCE NO.
(PLANNING DEPARTMENT)
AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO DISTRICT ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAI`I COUNTY CODE 1983 (2016
EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM
RESORT HOTEL—750 SQUARE FEET (V-.75) TO LIMITED INDUSTRIAL—20,000
SQUARE FEET (ML-20)AT HILO, HAWAI`I, COVERED BY TAX MAP KEY: 2-1-006:002.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii
County Code 1983 (2016 Edition, as amended) is amended to change the district classification of
property described hereinafter as follows:
The district classification of the following area situated at Hilo, Hawaii, shall be
Limited Industrial—20,000 square feet(ML-20):
Beginning at the west corner of this parcel of land and on the south side of
Kalaniana`ole Street, 70 feet wide, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "HALM" being 2,417.25 feet north and
11,808.10 feet east as shown on Government Survey Registered Map 2537, and running
by azimuths measured clockwise from true South:
1. 2360 02' 48" 153.38 feet along the south side of
Kalaniana`ole St.;
2. 3440 30' 00" 5.82 feet along Grant 5512 to John T.
Brown;
3. 480 09' 00" 120.00 feet along same;
4. 900 00' 00" 39.40 feet along same to the point of
beginning and containing an area of
2,001 square feet, more or less.
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Beginning at the southwest comer of this parcel of land and on the north side of
Kamehameha Avenue, the coordinates of said point of beginning referred to Government
Survey Triangulation Station "HALM" being 2,197.00 feet north and 11,746.00 feet east
and running by azimuths measured clockwise from true South:
1. 1800 00, 00" 179.20 feet along Grant 7204 to H.M.N.
Kapuakela;
2. 2360 02' 48" 73.10 feet along the southeast side of
Kalaniana`ole Street;
3. 2700 00' 00" 39.40 feet along Grant 10,448 to Isao
Ebisuzaki;
4. 2280 09' 00" 120.00 feet along Grant 10,448 to Isao
Ebisuzaki;
5. 1640 30' 00" 5.82 feet along Grant 10,448 to Isao
Ebisuzaki;
6. 2360 02' 48" 77.63 feet along the southeast side of
Kalaniana`ole St.;
7. 3140 45' 10" 49.06 feet along the remainder of Grant
5512 to John T. Brown;
8. 3600 00' 00" 314.51 feet along the remainder of Grant
5512 to John T. Brown and Lots 2
and 4 Land Court Application No.
1844;
9. 900 00, 00" 287.10 feet along the north side of
Kamehameha Avenue to the point of
beginning and containing an area of
1.749 acres, more or less.
All as shown on the map attached hereto, marked Exhibit"A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2016
Edition, as amended), the County Council finds the following conditions are:
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(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
SEE ATTACHED CONDITIONS
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 its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAI`I
Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
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CALOHA Kia REZ 8 15 2023
ALOHA KIA
CHANGE OF ZONE APPLICATION (PL-REZ-2023-000047)
CONDITIONS OF APPROVAL
A. The applicant(s), its successor(s) or assign(s)("Applicant")shall be responsible for
complying with all of the stated conditions of approval.
B. Prior to the issuance of a water commitment by the Department of Water Supply
(DWS), the applicant(s) shall submit the anticipated maximum daily water usage
calculations as prepared by a professional engineer licensed in the State of Hawaii
to the DWS. A water commitment deposit shall be paid to the DWS within 180
days from the effective date of this ordinance in accordance with Rule 5 of the
Department of Water Supply's Rules and Regulations. The applicant is responsible
for maintaining valid water commitments to support the proposed use until such
time that required water facilities charges are paid in full.
C. Construction of the proposed development, as substantially represented by the
Applicant, or as permitted by its zoning district classification, shall be completed
within five(5)years from the effective date of this ordinance. Prior to construction,
the applicant(s), successor(s) or assign(s) 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 stalls
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.
D. The required water commitment payment shall be submitted to the Department of
Water Supply in accordance with its"Water Commitment Guidelines Policy"prior
to the issuance of Final Plan Approval.
E. 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
1
the Department of Water Supply prior to water service activation.
F. All development generated runoff shall be disposed of onsite and not be directed
toward any adjacent properties. A drainage study shall be prepared, and the
recommended drainage system shall be constructed meeting the approval of the
Department of Public Works.
G. Plan approval shall be required prior to the construction or installation of any new
structure or development, or any addition to an existing structure or development
according to Section 25-2-71(a) of the Zoning Code.
H. All earthwork and grading activity shall conform to Chapter 10, Erosion and
Sedimentary Control of the Hawaii County Code.
I. All driveway connections and construction within the Kamehameha Avenue Right-
of Way shall conform to Chapter 22, County Streets, of the Hawaii County Code.
J. Access to Kamehameha Avenue, including the provision of adequate sight
distances, shall meet with the approval of the Department of Public Works.
K. A National Pollutant Discharge Elimination System (NPDES) permit, if required,
shall be secured from the State Department of Health before the commencement of
ground disturbing activities.
L. 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.
M. 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, the Applicant shall cease work in
the immediate vicinity of the find,protect the find from additional disturbance and
contact the State Historic Preservation Division at(808)9337651. Subsequent work
shall proceed upon an archaeological clearance from DLNR-SHPD when it finds
that sufficient mitigation measures have been taken.
N. The Applicant shall comply with all applicable County, State and Federal codes,
laws,rules, regulations, and requirements for the proposed development, including
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the Fire Department, Department of Public Works, Department of Water Supply
and Department of Health.
O. An initial extension of time for the performance of conditions within the ordinance
may be requested in accordance with Section 25-2-44 of the Hawaii County Code.
P. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Deputy Planning Director may initiate rezoning of the area to its
original or more appropriate designation.
3
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AMENDMENT TO THE ZONING CODE.
AMENDING SECTION 25-8-33 (CITY OF HILO DISTRICT ZONE MAP)ARTICLE 8,
CHAPTER 25 (ZONING) OF THE HAWAI'I COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
RESORT HOTEL DISTRICT - 750 SQUARE FEET (V-.75)
TO LIMITED INDUSTRIAL DISTRICT - 20,000 SQUARE FEET (ML-20)
AT HILO, HAWAI'I
MAP PREPARED BY:
TNIK:(3)2-1-006:002 COUNTY OF HAWAI'I, PLANNING DEPARTMENT DATE:June 19.2023
Aloha Kia
EXHIBIT"A., Map: 1456