HomeMy WebLinkAboutPD Recommendation Report (PL-REZ-2023-000053) RManonoComerLLCREZ ja.12-27-2023
COUNTY OF HAWAI`I PLANNING DEPARTMENT
RECOMMENDATION
MANONO CORNER, LLC
CHANGE OF ZONE APPLICATION NO. PL-REZ-2023-000053
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 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.
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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
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:
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■ 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 ofpublic 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.
■ 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
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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 Hawaii County Code and that adequate sight distances shall be provided, meeting
with the approval of DPW.
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.
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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 Hawaii
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 Hawaii 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
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, and marine and coastal resources. Therefore, the proposed use is not
contrary to the objectives of Chapter 205A, Hawaii Revised Statutes.
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.
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■ 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.
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.
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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 Hawaii County Code, is provided for your favorable
consideration. Please note the proposed conditions of approval attached to the draft bill.
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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
SINGLE-FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO INDUSTRIAL—
COMMERCIAL MIXED—20,000 SQUARE FEET(MCX-20) AT HILO, HAWAI`I,
COVERED BY TAX MAP KEY: 2-2-036:076.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning) 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
Industrial-Commercial Mixed Districts—20,000 square feet(MCX-20):
Beginning at the northwest corner of this parcel of land, being the southwest
corner of Lot 11-A, a Portion of Lot 11, Block 35, (Grant 9812 to Marcy Kanoelehua
Brown), Waiakea House Lots, 1st Series, and on the east side of Manono Street, the
coordinates of said point of beginning referred to Government Survey Triangulation
Station "HALM" being 3,243.00 feet South and 9,146.00 feet East, and running by
azimuths measured clockwise from True South:
1. 2700 00' 107.50 feet along Lot 11-A, a portion of Lot
11, Block 35, (Grant 9812 to Marcy
Kanoelehua Brown), Waiakea House
Lots, 1st Series;
2. 00 00, 200.00 feet along Lot 14-A, a portion of Lot
14, Block 35, (Grant 8757 to Mrs.
Maryan H. Holi) Waiakea House
Lots, 1st Series;
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3. 900 00, 50.65 feet along the North side of
Lanikaula Street;
4. 1800 00, 5.00 feet along a jog on the North side of
Lanikaula Street;
5. 900 00, 26.85 feet along the North side of
Lanikaula Street;
Thence along the Northeast corner of
Lanikaula Street and Manono Street,
on a curve to the right with a radius
of 30.00 feet, the direct chord
azimuth and distance being:
6. 1350 00' 42.43 feet;
7. 1800 00, 165.00 feet along the East side of Manono
Street to the point of beginning and
containing an area of 21,023 Square
Feet.
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:
(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.
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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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CManonoComerREZ.ja.01/25/24
MANONO CORNER, LLC
CHANGE OF ZONE APPLICATION NO. PL-REZ-2023-000053
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 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 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. The Applicant shall construct necessary water system improvements as required
by the Department of Water Supply (DWS), which may include, but not be
limited to, the installation of a reduced pressure type backflow prevention
assembly, within 5 feet of the meter on private property, meeting with the
approval of DWS.
D. Prior to the issuance of a Certificate of Occupancy, the Applicant shall implement
any improvements required by the Fire Department and/or Department of Water
Supply to ensure that fire protection requirements can be met for the MCX
zoning.
E. Construction of the proposed development shall be as substantially represented by
the Applicant, or as permitted by the zoning district classification, and shall be
completed within ten (10)years from the effective date of this ordinance. Prior to
construction, Applicant 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
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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.
F. All earthwork and grading activity shall conform to Chapter 10, Erosion and
Sedimentary Control, of the Hawaii County Code.
G. A five (5)-foot-wide future road widening strip along the subject property's
Lanikaula Street frontage shall be subdivided and dedicated, at no cost to the
County. The Applicant shall provide improvements to the property's frontage
along Lanikaula Street consisting of, but not limited to,pavement widening with
concrete sidewalk, drainage improvements and any required utility relocation,
meeting the requirements of the Americans with Disabilities Act and the approval
of the Department of Public Works. The improvements shall be located within the
future road widening strip. These improvements shall be completed prior to
establishing any commercial or industrial use on the property or when required by
the Department of Public Works, whichever occurs first.
H. Access to the project site from Manono Street and Lanikaula Street shall meet
with the approval of the Department of Public Works.
I. All driveway connections and construction within Manono Street and Lanikaula
Street shall conform to Chapter 22, County Streets, of the Hawaii County Code.
J. All development-generated runoff shall be disposed of onsite and shall not be
directed toward any adjacent properties. Additionally, a drainage study shall be
prepared prior to Plan Approval and the recommended drainage system shall be
constructed meeting the approval of the Department of Public Works,
Engineering Division,prior to the issuance of a Certificate of Occupancy.
K. The property shall connect to the public sewer in accordance with Section 21-5 of
the Hawaii County Code prior to issuance of a Certificate of Occupancy.
L. 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
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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 department of Land and Natural Resources- State
Historic Preservation Division (DLNR-SHPD) at(808) 933-7651. Subsequent
work shall proceed upon an archaeological clearance from DLNR-SHPD when it
finds that sufficient mitigation measures have been taken.
M. The Applicant shall comply with all applicable County, State and Federal codes,
laws, rules, regulations, and requirements.
N. An initial extension of time for the performance of conditions within this
ordinance may be requested in accordance with Section 25-2-44, subsections (c)
and (d), of the Hawai`i County Code.
O. If the Applicant fails to fulfill any conditions of the zone change within the
specified time limitations, the Planning Director or County Council may initiate
the process for enactment of an ordinance reverting the affected property back to
its original zoning designation or a more appropriate zoning designation in
accordance with Section 25-2-43 of the Hawaii County Code.
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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
SINGLE-FAMILY RESIDENTIAL 10,000 SQ. FT. (RS-10)
TO INDUSTRIAL-COMMERCIAL MIXED - 20,000 SQ. FT. (MCX-20)
AT HILO, HAWAI'I
MAP PREPARED BY:
TNiK:(3)2-2-03&076 COUNTY OF HAWAI'I, PLANNING DEPARTMENT DATE.rlovembeF17.2023
EXHIBIT"A" Nlanono k Corner,14 9