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HomeMy WebLinkAboutCOM 0257.000 2002-2004!lain, Kim Mayor REC"' i` ED COUNTY OF HAWJM 22 RM 8 36 25 Aupum Strcct, Roam 2U . Ililo. Hawaii 96720-4252 . (808)961-821 P x(808)961-6553 KQx V '5-5706 Kuakmn HiA>� �hwa}_ Suite 107 Kailas -Anna, I 11740 _;LU iK (Sos) 121) 52M . Nx(908) 126-5663 COUNTY t F HAWAII May 19, 2003 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: V/Change of Zone Application (REZ 03-005) Applicant: Chrystal T. Yamasaki Request: RMA to CV -7.5 Tax Map Key: 7-5-22:40 Initiator: County Council Proposed Bill No. 47 Amending Chapter 25 (Zoning Code) of the Hawaii County Code, Relating to Permitted Uses in the Industrial -Commercial Mixed Use (MCX) District Dixie Kaetsu Managing Director As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above -referenced requests. Sincerely, 0XVA11) / / Harry Kim `r' Mayor L050903may Enclosures cc: Planning Department <6. 00 115 Comm. No. 7 _ Ref. To: Ref. Date MAY 2 1 SMI Harry Kim Mayor County of Hawaii PLANNING COMMISSION 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 (808)961-8288 • Fax(808)961-8742 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 03-005) Applicant: Chrystal T. Yamasaki Request: RM -1 to CV -7.5 Tax Map Key: 7-5-22:40 The Planning Commission, after a duly held public hearing on May 8, 2003, voted to recommend for your approval the proposed legislative bill to change the district classification for approximately 7,500 square feet of land from Multiple Family Residential (RM -1) to Village Commercial (CV -7.5). The property is located on the east side of Kalawa Street and to the rear of the McDonald's Restaurant, Kailua-Kona, Honuaula, North Kona, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicant is requesting a Change of Zone from Multiple -Family Residential (RM -1) to Village Commercial (CV -7.5) for approximately 7,500 square feet of land. The applicant intends to construct a two-story office building and lease the office space to tenants. 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 be also considered as they may have an impact on similar areas in the County. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 The proposed request from Multiple -Family Residential (RM -1) to Village Commercial (CV -7.5) conforms to the goals, policies and standards of Land Use (Commercial) and Economic Elements of the General Plan. 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 requested change of zone to a Village -Commercial (CV -7.5) zoned district conforms to the LUPAG Map, which designates the subject property and its immediately surrounding area as Medium Density Urban. Such designation may allow village commercial uses, including office uses. Therefore, the requested Village Commercial zoning is consistent with the Medium Density Urban designation on the LUPAG Map for this area of North Kona. The Kona Regional Plan Land Use Concept Map suggests commercial uses for the area. While the Kailua Village Design Plan suggests residential uses for this property, conditions have changed since this latter plan was initially reviewed and adopted in 1976. Because of demands for additional commercial lands, this area has since been determined to be a suitable location for certain commercial uses. This request will be an extension of the existing CV -zoned lands within this section of Kailua-Kona. Therefore, it is determined that the request is consistent with current land use policy and other land use planning documents for this area of North Kona. Recent commercial rezonings in the area include: • TMK: 7-5-22: 21, Ordinance No. 89 152 effective December 11, 1989, RM -1 to CV -7.5 to Carlton K.L. Chang for commercial uses. • TMK: 7-5-22: 41, Ordinance No. 90 128 effective October 20, 1990, RM -1 to CV -7.5 to Gordon Bartsch and Willie Wilton etal, for a commercial office building. • TMK: 7-5-22: 29 (now portion of parcel 5), Ordinance No. 92 62 effective June 16, 1992, RM -1 to CV -7.5 to HPC & Associates, for commercial uses. • TMK: 7-5-22: 36, Ordinance No. 92 63 effective June 16, 1992, RM -1 to CV -7.5 to Chrystal Yamasaki et al, for a two-story commercial office building (Wes Thomas and Associates). Access to the subject property is from Kalawa Street, a County -owned roadway with an approximate 20 -foot wide pavement within a 40 -foot right-of-way. The Department of Public Works requires the applicant to widen Kalawa Street by 5 -feet and Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 provide full improvements to the entire (as widened) Kalawa Street frontage consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any relocation of utilities. With these recommended improvements, the request would complement a policy of the General Plan in which "Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems....." As a condition of approval, the applicant will be required to provide roadway improvements as recommended by the Department of Public Works. According to the applicant, water is available from the existing Department of Water Supply system on Kalawa Street. The Department of Environmental Management Wastewater Division requires extension of the public sewer and connection of existing and/or proposed structures to the public sewer, as two adjacent properties (TMK: 7-5-20: 38 & 39) are currently finalizing plans to extend their sewer. Police services are available from the County's Police Station at Kealakehe, approximately three miles from the subject property. Fire and emergency services are available from the station on Palani Road and the Queen Kaahumanu Highway, less than one mile from the site. Electricity and telephone services are currently available to the property. The Flood Insurance Rate Maps (FIRM) indicate that the area is located in Zone "X," areas determined to be outside of the 500 -year flood plain. There are no significant drainage ways that adversely affects the project site. While there are no indications of surface water flow on-site, the applicant will be required to abide by all applicable County guidelines for run-off generated by the development. The Department of Public Works requires the preparation of a drainage study and the construction of a recommended drainage system, meeting with their approval. The entire site has been grubbed and graded as part of the Lono Kona Subdivision. Given the scope of work previously conducted and the property's urban setting, the presence of any known rare, threatened, or endangered species or endangered floral and fauna species is remote. Likewise, the existence of archaeological sites within the subject property is also unlikely. Based on the above findings, this request to reclassify the subject property from a Multiple -Family Residential (RM -1) to a Village Commercial (CV -7.5) zoned district would result in an appropriate land use pattern and further benefit the general public. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 For your favorable consideration, an amendment to Section 25-8-3 (Kailua Urban Zone Map), of the County Zoning Code is transmitted. We are enclosing a copy of the staff background for your information. Sincerely, v� Fred Galdones, Chairman Planning Commission Lyamasakic02PC Enclosures cc: Mr. Gregory Mooers Ms. Chrystal Yamasaki Department of Public Works Department of Water Supply Planning Department - Kona Department of Land & Natural Resources 0 Yamasak i RGZ-4/22/03 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT CHRYSTAL T. YAMASAKI CHANGE OF ZONE APPLICATION (REZ 03-005) CHRYSTAL T. YAMASAKI has submitted an application for a Change of Zone by changing the district classification from Multiple -Family Residential (RM -1) to Village Commercial (CV -7.5) for 7,500 square feet of land. The property is located on the east side of Kalawa Street to the rear (mauka) of McDonald's Restaurant in Kailua-Kona, Honuaula, North Kona, Hawaii, TMK: 7-5-22: 40. APPLICANT'S REQUEST 1. Request: The applicant is proposing to re -designate 7,500 square feet of land from Multiple -Family Residential (RM -1) to Village Commercial (CV -7.5) to allow the development of a 2 -story office building on the subject property. The office space will be leased to tenants. "Che structure will be similar to the Wes Thomas Associates offic_ building owned by the applicant, and located on TMK: 7-5-22: 36, four lots southeast of the subject property on Kalawa Street. GENERAL INFORMATION 2. Land Ownership: The property is owned by Howard T. and Chrystal Yamasaki (applicant), Nicolas K. Yamasaki and Kimberly M. Yamasaki. The co-owners have consented to the request. 3. Objective: The applicant proposes to construct the office building to meet the need for additional office space and projected rental income generated by office space in this area. 4. Supportive Information: The applicant has submitted a Change of Zone application in support of the request. (See Exhibit A) STATE AND COUNTY PLANS 5. State Land Use Designation: Urban. 6. General Plan Consistency: Land Use (Commercial) and Economic elements. 7. GP Land Use Pattern Allocation Guide (LUPAG) Map: Medium Density Urban. ATTACH. C-257 (B-115) 8. Kona Regional Plan: Commercial. 9. County Zoning: Multiple Family Residential (RM -1). 10. Coastal Zone Management, Chapter 205A, HRS: The entire State of Hawaii lies within the Coastal "Lone Management Area. The intent of the Coastal Zone Management Program is to guide and regulate public and private uses in the coastal zone management area with respect to recreational resources, historic resources, public access to the shoreline, scenic and open space resources, coastal ecosystems, marine resources, economic uses, coastal hazards, managing development, public participation, and beach protection. The subject property is located approximately one-half mile from the shoreline, and surrounded by a regional roadway system, resort, commercial and residential subdivisions. 11. Special Management Area: The property is not situated within the Special Management Area. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 12. Subject Property: The property is a 7,500 -square foot rectangular -shaped lot located on the east (mauka) side of Kalawa Street above McDonald's Restaurant, and approximately 120 feet south of the Kalawa Street/Kalani Street intersection. The site is presently vacant. 13. Surrounding Land Uses/Zoning: Surrounding lands are in multiple -residential or commercial uses Adjacent to the north on TMK: 7-5-22: 41 and 42 is a property zoned CV -7.5 with office and commercial uses and is fronted by curb, gutter and sidewalk. There is an apartment building mauka of the subject property to the east, on lands zoned RM -1. The adjacent property to the south is vacant, and further south are properties zoned CV -7.5 and RM -1 with mixed commercial and multiple -family residential uses. McDonald's Restaurant is located northwest of the property across Kalawa Street. 14. Commercial Rezonings in the Area: • TMK: 7-5-22: 21, Ordinance No. 89 152 effective December ] 1, 1989, RM -1 to CV - 7.5 to Carlton K.L. Chang for commercial uses. -2- • TMK: 7-5-22: 41, Ordinance No. 90 128 effective October 20, 1990, RM -1 to CV -7.5 to Gordon Bartsch and Willie Wilton etal, for a two-story, 8,832 square -foot 8 -unit commercial office building. • TMK: 7-5-22: 29 (now portion of parcel 5), Ordinance No. 92 62 effective June 16, 1992, RM -1 to CV -7.5 to HPC & Associates, for commercial uses. • TMK: 7-5-22: 36, Ordinance No. 92 63 effective June 16, 1992, RM -1 to CV -7.5 to Chrystal Yamasaki et al, for a two-story commercial office building (Wes Thomas and Associates). 15. Elevation: The property is level with no grades above five per cent. 16. U.S.D.A. Soil Type: Punaluu Soil Series. This soil type is characterized by rapid permeability, slow runoff and slight erosion hazard. 17. Land Study Bureau's Productivity Rating: Urban. 18. FIRM: Zone "X", an area situated outside of the 500 -year flood area. 19. Flora/Fauna: No botanical survey has been prepared, as the entire lot has been grubbed and graded as part of the Lono Kona Subdivision. Given the scope of work previously conducted and the property's urban setting, no known rare, threatened, or endangered species are known to inhabit the parcel or are expected to be discovered on the site. 20. Archaeological/Cultural/Historical Resources: No archaeological inventory survey has been prepared, as the property was previously grubbed and graded as part of the development of the l.ono Kona Subdivision. Similarly, no valued cultural or historical resources exist on the site. As no traditional and customary native Hawaiian rights are exercised on the site, the proposed action will not affect traditional Hawaiian rights. 21. Recreational/Visual Resources: The proposed use of the subject property will not negatively impact recreational resources and visual resources to or from the shoreline. No scenic or open space resources to the shoreline coastal view plane or coastal ecosystem will be negatively impacted by the proposed action. 22. Public Access: There is no public access to the mountains or the shoreline that traverses the property. -3- UTILITIES AND SERVICES 23. Access: Access to the property is from Kuakini Highway to Kalani Street, then south to Kalawa Street. Kalawa Street is a County roadway with an approximate 20 -foot wide pavement within a 40 -foot wide right-of-way. County standards require a 60 -foot right- of-way for County roads serving properties zoned for commercial uses. However, the Department of Public Works indicates that a precedent improvement of a 5 -foot street right-of-way widening will be appropriate and acceptable for this request. 24. Water: Water is available from the existing Department of Water Supply system on Kalawa Street. 25. Wastewater: The Department of Environmental Management Wastewater Division requires the extension of the public sewer and connection of existing and/or proposed structures to the public sewer. Two adjacent properties (TMK: 7-5-20: 38 & 39) are currently finalizing plans to extend their sewer. 26. Utilities and Services: The nearest police station is located in Kealakehe, approximately three miles from the site. There is a fire station on Palani Road and Queen Kaahumanu Highway less than one mile from the property. Electric and telephone services are available to the site. AGENCIES' COMMENTS 27. Police Department (March 31, 2003 Memo): "Staff has reviewed the above -referenced application and does not believe the request will negatively impact traffic safety or police services in the area." 28. Fire Department (April 10, 2003 Memo): "We have no comments to offer at this time regarding the above -referenced change of zone application." 29. Department of Environmental Management - Wastewater Division (March 24, 2003 Memo): 'Require extension of the public sewer and connection of existing and/or proposed structures to the public sewer. Please note that the adjacent two properties (TMK: 7-5- 22: 38 & 39) are currently finalizing plans to extend sewer. Witcher Engineering is -4- designing the project. It may be possible to coordinate the two project. Should you have any questions, please call me (Peter Boucher) at 961-8338." 30. Department of Health (April 8, 2003 Memo): "Underground Injection Systems (Ph. 586-4258) which receive wastewater or storm runoffs from the proposed development need to address the requirements of Chapter 23, Hawaii State Department of Health Administrative Rules, Title 11, "Underground Injection Control." 31. Department of Transportation (March 27, 2003 Letter): "The application for a change in zoning will not have a direct or significant impact of our State highway facilities." 32. Department of Public Works: (See Exhibit B - April 6, 2003 Letter) APPLICANT'S RESPONSE TO AGENCIES' COMMENTS 33. (See Exhibit C - April 10, 2003 Letter) AGENCIES - NO RESPONSE 34. Department of Water Supply, Kailua Village Design Commission, DLNR - Land Division, Natural Resources Soil and Conservation Services PUBLIC COMMENTS 35. The department has not received any written comments or objections from the community on the request. -5- Fl CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT:12 (Type or legibly print the requested information) 6' APPLICANT: Chrystal T. Yamasaki APPLICANT'S SIGNATURE: ADDRESS: Wes Thomas Associates 75-5749 Kalawa Street Hawaii 96740 LIST APPLICANT'S INTEREST IF NOT OWNER: Owner LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: !" �'N 1 59 1/3/03 PHONE:(Bus.) (808) 329-2353 (Res.) (808) 328-9201 (Fax) (808) 329-5334 Howard T. and Chrystal T. Yamasaki, Nicolas K. Yamasaki and Kimberlv M. SIGNATURE(S):-A DATE: 1/3/03 (Nlay be by letter/ C— LANDOWNER(S) ADDRESS: 84-5095 Hawaii Belt Road, Captain Cook, Hawaii 96704 REQUEST: RM -1.0 TO CV -7.5 (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 7-5-22:40 STREET ADDRESS OF PROPERTY: Kalawa Street, North Kona, Hawaii SIZE OF PROPERTY OR AFFF,CTED AREA(S) TO BE REZONED: 7,500 s.f. AGENT: Gregory R. Mooers ADDRESS: Mooers Enternricec 1,1 C Kamuela, Hawaii 96743 TELEPHONE: (Bus.) (808) 885-6839 (Res.) (808) 885-7126 (Fax) (808) 885-1574 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Gregory R. Mooers COPIES: Chrystal T. Yamasaki (See Instructions on Reverse Side) EXHIBIT A ATTACHMENT Commercial, RM, Resort, & Industrial PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE if your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? No If des, please answer the rest of question I and then to question 3. a. How many acres of the requested area do you intend to subdivide? b. Into what lot sizes? C. if your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you nave no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? C' Sell or lease the land to someone who has no plans? d- Keep it? Yes e. other (please state) f. If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. What specific building plans do you have for the subject land? Include in your answer the following: type of building (apartment, office, launderette, etc.); financing arrangement; timetable for construction; and any other information which you feel might help us in evaluating your request. The applicant intends to construct an office building on the subject property and lease the office space to tenants. The structure will be similar to the Wes Thomas Associates office building, owned by the applicant, located a few lots south of the subject property. 4. Have you performed any study which would demonstrate a need for your proposed building and/or development? Yes if so, please elaborate on your findings in the space provided below. The applicant has had extensive conversations with real estate professionals in the North Kona area about the need for additional office space and projected rental income generated by office space in this area. -2- Have you performed any study which discusses the environmental impacts your request would nave on the surrounding area and/or the County? Yes If so, please elaborate on your findings in the space provided below. A botanical assessment was done as a part of this application process as well as a County Environmental Report which is an integral portion of the application for change of zone. 6. Are there any buildings on the subject area? No If so, what kind? What do you intend to do with those buildings if your request is approved? 7. Is the subject land currently being used for any agricultural activity? No if so, please list the kinds of products grown on and how many square feet or acres of land per product? -3- B. To your knowledge, has there been any flooding and/or drainage problem on the subject area? If so, please describe the problem. 9. Do you think that the roads leading to the subject area needs improvement? If so, what kind? Is the road adequate for the proposed traffic volume or load? 10. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? a. Schools b. Roads Sewer d. Drainage e. Police Protection f. Fire Protection 9 Recreational Facilities h. Recreational Facilities i. Other 4- yes NO X X IM M Yes X For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. 11. Have you performed any historic sites study and/or survey of the subject area? If so, what were the results? Please, also, submit a copy of the study together with this change of zone supplement. No, the entire sitr has been previously grubbed and graded as part of the develpment of this urban area. Signature: Address: 75-5749 Kalawa Street, Kailua-Kona, HI gv'7 40 Telephone: (808)329-2353 Date; 1/3/03 -5- 6338A/50A P. D. 5/84 TABLE OF CONTENTS Page CHANGE OF ZONE APPLICATION CHANGE OF ZONE QUESTIONNAIRE TABLE OF CONTENTS i I. INTRODUCTION A. GENERAL INFORMATION ............................................. 1 B. SUBJECT REQUEST/PROPOSED DEVELOPMENT .............. 2 II. CONFORMANCE WITH STATE AND COUNTY PLANS A. State Land Use Designation .................................................. 2 B. Applicable Goals/Policies and Objectives of the General Plan........ 3 C. General Plan Designation................................................... 6 D. County Zoning Code ........................................................ 6 E. Kona Regional Plan .............................................. _....- _.. 6 F. Special Management Area ................................................... 6 G. Chapter 205 A: Coastal Zone Management Act ........................... 7 H. Mountain Access............................................................... 7 I. Kailua Village Special District ................................................ 7 III. PHYSICAL CHARACTERISTICS & ENVIRONMENTAL SETTING Physical Characteristics and Environmental Setting ........................ 8 Historic Resources............................................................... 9 Cultural Resources................................................................ 9 Natural Resources (Flora -Fauna) ................................................ 9 Social -Economic Characteristics................................................ 10 Surrounding Lands. - .............. ............. — .............. . — 10 IV. PUBLIC FACILITIES AND UTILITIES A. Access......................................................................... 11 B. Interior Roadways.... . ................................... ...................... 11 C. Water Service..................._........................................... 11 D. Utilities. . ... ........... .................................... 11 E. Wastewater Disposal......................................................... 11 F. Police Services................................................................ 11 G. Fire Services..... . ........................................... 11 H. Public Recreation............................................................... 11 I. Schools. . ... ..................................................................... 11 V. ENVIRONMENTAL ASSESSMENT AND ANALYSIS A. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity: ........... . ................. 12 B. Mitigative measures proposed to avoid, minimize, rectify or reduce impact.,. . ... .................................................................... 12 C. Alternatives to the proposed development: .................. ....... ....... 12 D. Irreversible and irretrievable commitments of natural resources that would be involved if the proposed action is implemented .......... ........... ....... 12 VI. PROPOSED FINDINGS.......... _............................................. 13 VII. EXHIBITS A. Location/Vicinity Maps B. Change of Zone Exhibit C. Proposed Building Elevations D. Site Photographs ii BACKGROUND AND COUNTY ENVIRONMENTAL REPORT CHANGE OF ZONE: MULTIPLE -FAMILY RESIDENTIAL (RM -1.0) TO VILLAGE COMMERCIAL (CV -7.5) Tax Map Key: (3) 7-5-22:40 Honuaula, North Kona, Hawaii Applicant: Chrystal T. Yamasaki The applicant, Chrystal T. Yamasaki, on behalf of her family which owns the subject property, is seeking a Change of Zone from Multiple -Family (RM -1.0) to Village Commercial (CV -7.5) for a 7,500 square foot parcel located at Honuaula, North Kona, Hawaii, Tax Map Key (3) 7-5-22:40. This request is made to allow the development of an office building on the subject property. I. INTRODUCTION A. GENERAL INFORMATION: The subject property is owned in fee by the applicant, Chrystal T. Yamasaki; her husband, Howard T. Yamasaki; her son, Nicolas K. Yamasaki; and her daughter, Kimberly M. Yamasaki. B. SUBJECT REQUEST/PROPOSED DEVELOPMENT: 1. The applicants are proposing to rezone a 7,500 square foot parcel from Multiple - Family Residential (RM -1.0) to Village Commercial (CV -7.5) to allow the development of an office building in conformance with the new zoning designation. 2. The site is presently vacant and unused. This site has been previously grubbed and graded as part of the development of the infrastructure for the Lono Kona subdivision, which this lot is a part of. 3. The 7,500 square foot lot is rectangularly shaped, with approximately 62.5 feet of frontage on the east (mauka) side of Kalawa Street, just south of its intersection with Kalani Street. Please see the location map and rezoning exhibit in the exhibits. 4. Access to the parcel is from Kuakini Highway and Kalani Street, both of these streets are County owned and maintained. The intersection of Kalani Street and Kuakini Highway is signalized. See the change of zone exhibit for the regional roadway alignment. 5. There will be no interior roadways systems. All required parking will be provided on site and will be shown on the site plan at the time of Plan Approval. 6. Utilities will be provided to the parcel from the area's existing infrastructure, an overhead line on the mauka side of Kalawa Street. 7. Construction on the office building will begin within one year after all governmental approvals are secured. 8. Landscaping will be provided in accordance with code requirements and will be consistent with the goals and objectives of the Kailua Village Masterplan. H. CONFORMANCE WITH STATE AND COUNTY PLANS: A. STATE LAND USE DESIGNATION: The State Land Use District Classification of the subject parcel is Urban. The proposed use is consistent with this classification. B. GOALS/POLICIES AND OBJECTIVES OF THE GENERAL PLAN: ECONOMIC 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 of Hawaii shall strive for an economic climate which provides its residents an opportunity for choice of occupation. • The County shall strive for full employment. LAND USE • Through the careful analysis and examination of past and present situations, the following goals, policies, and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. GOALS • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. POLICIES • Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. 3 • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. STANDARDS • The designated land uses will be delineated on the General Plan Land Use Pattern Allocation Guide Map. The broad -brush boundaries indicated are graphic expressions of the General Plan policies, particularly those relating to land uses. They are long-range guides to general location and will be subject to: a) existing zoning; b) State Land Use District; and c) zone guide map and interpretation. Similarly, the acreages allocated represent alternatives for the various levels of economic activity and supporting functions, such as resort, residential, commercial and industrial activities. Land required for community and governmental services and programs as well as new towns and resort centers may be accommodated within the allocated acreages. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. • Zoning may be recommended on an incremental basis depending upon construction schedule, development of supporting services and facilities, and other pertinent factors bearing upon the performance of the petitioner. • Zoning may be reallocated as to location within districts according to need with or without change in total zoned acreage. 11 • Zoning of areas for industrial and retreat resort uses under the "floating zone" concept shall be required to meet all pertinent elements of the General Plan. COMMERCIAL DEVELOPMENT • Following an examination and analysis of present and past situations concerning commercial development, the following goals, policies, and standards have been set forth. GOALS • Provide for commercial developments that maximize convenience to 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 meet the demands of neighborhood, community and regional needs. • Existing strip development shall be converted to more appropriate uses when and where it is feasible. 5 • The development of commercial facilities should be designed to fit into the locale with minimal intrusion while providing the desired services. Appropriate infrastructure and design concerns shall be incorporated into the review of such developments. C. GENERAL PLAN DESIGNATION: 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 as Medium Density Urban. Such a designation may allow village commercial uses. Therefore, the requested Village Commercial (CV) zoning does conform to the General Plan land use designation for this area. D. COUNTY ZONING CODE: The zoning for this parcel is Multiple -Family (RM -1.0). With this zoning a seven - unit multiple -family project could be constructed. This request is to change the zone of the property to Village -Commercial (CV -7.5) to allow the construction of an office building. E. KONA REGIONAL PLAN: The Kona Regional Plan, adopted by resolution in 1984 designates the area for commercial uses. Therefore, the proposed change of zone and use would be consistent with this plan. F. SPECIAL MANAGEMENT AREA: The subject property is not located within the County's Special Management Area (SMA), and as such does not require a SMA permit. 0 G. CHAPTER 205A: COASTAL ZONE MANAGEMENT ACT: The subject property is located approximately one-half mile from the shoreline surrounded by a regional roadway system, resort, commercial and residential subdivisions. The proposed use of the subject property will not negatively impact recreational resources, visual resources to or from the shoreline, including access to and along the shoreline or coastal ecosystems. Therefore no scenic or open space resources to the shoreline coastal view plane or coastal ecosystem will be negatively impacted by the proposed action. H. MOUNTAIN ACCESS: The subject property is surrounded by the regional roadway system, resort, commercial and residential subdivisions. The property is not used for access to the mountains or any mountain feature, therefore no public access to these areas will be impacted by the proposed action. I. KAILUA VILLAGE SPECIAL DISTRICT: The subject property is located within this district and is subject to review by the Kailua Village Design Commission. While the Kailua Village Design Plan adopted in 1976 suggests residential uses for this property, conditions have changed since this plan was initially reviewed and adopted. Because of demands for additional commercially zoned lands, this area has since been determined to be a suitable location for certain commercial uses. It will be an extension of the existing CV zoned lands within this section of Kailua-Kona. The 1994 Master Plan for Kailua- Kona designates this area for "Commercial/Residential Mixed Use". Therefore this proposed change of zone would be consistent with the current land use policy for this area. 7 III. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING Physical Characteristies/Environmental Setting: A. The 7,500 square foot lot is a rectangular shaped lot located on the east (mauka) side of Kalawa Street approximately 120 feet south of its intersection with Kalani Street. Please see the location map and rezoning exhibit in the exhibits. B. The property's western and eastern boundaries are 62.5 feet with the north and south boundaries being 120 feet. C. Annual rainfall for the area is approximately 30 inches according to An Inventory of Basic Water Resources Data: Island of Hawaii, published by the Department of Land and Natural Resources. E. The site is virtually flat with no grades above 5%. Please see the site photographs in the exhibits. F. The site is presently vacant and unused. G. The U. S. Geological Survey has categorized the island into nine zones of comparative hazard rates from lava flows, with Zone 1 being the highest and Zone 9, the lowest severity of hazard. The U. S. Geological Survey designates the subject property as Lava Hazard Zone 4; about 5% of this area has been covered by lava since 1800 and less than 15% of this area has been covered by lava in the last 750 years. This area covers all of Hualalai, where the frequency of eruptions is lower than on Kilauea and Mauna Loa. Flows typically cover large areas. H. The site is located approximately 0.5 miles from the ocean at Kailua Bay. L The State Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) has classified this area as "Existing Urban Development".. J. The U.S.D.A. Natural Resources Conservation Services Soil Survey Report classifies the soil type as the Punaluu soil series. It is Punaluu extremely rocky peat. This soil type is characterized by rapid permeability, slow runoff and slight erosion hazard. In a representative profile, the surface layer is black peat about four (4) inches thick. It is underlain by pahoehoe lava bedrock. This soil type is typically used for pasture. The Soil Conservation Service categorize this soil type as a Capability subclass VIFS, non -irrigated, which are typified as having severe limitations and being unsuitable for cultivation. K. The Land Study Bureau's overall master productivity rating system classifies the soil as Class "E" or Very Poor. L. According to the Flood Insurance Rate Map (FIRM) prepared by the U.S. Army Corps of Engineers, the majority of the property is in Zone "X". an area outside the 500 -year flood plain. M. The applicants will abide by all applicable County guidelines for run-off generated by the development. All improvements must comply with Chapter 27 of the County Code relating to Flood Hazard Control. Historic Resources: No archaeological inventory survey has been prepared for the project area, as the entire lot has been grubbed and graded as part of the development of the Lono Kona Subdivision. Given the scope of work previously done on the subject parcel no historic resources remain. Cultural Resources: No valued cultural, historical or natural resources exist on the subject property and no gathering is taking place. 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 those rights. Natural Resources (Flora -Fauna): No botanical survey has been prepared for the project area as the entire lot has been grubbed and graded as part of the development of the Lono Kona Subdivision. Given the scope of work previously conducted on the subject parcel and its urban setting, no known rare, threatened or endangered species are known to inhabit the parcel or are expected to be found on the site. 9 Social -Economic Characteristics: A. Social settlement pattern for the area: The population of Kona has grown steadily since 1965 as a result of the expanding visitor industry in West Hawaii, which has a large and growing share of the visitors to the island and consequently the de facto population is larger than the census might indicate. At any given time, up to one- fourth of those present in Kona are visitors. The ethnic composition of the Kalaoa area at the time of' the 2000 U.S. Census was as follows: Caucasian: 49.3 %; Hawaiian: 10.3 %; Asian: 13.4%; two or more races 25.3%. This distribution illustrates a multicultural community with no distinct minority groups. B. Economic resources of the area: The property is within the area identified as Commercial/Residential Mixed Use by the Master Plan for Kailua Kona. The properties surrounding the area have a mixture of uses, with both multiple -family residential and commercial zoning. There are office uses, a automobile sales facility and McDonald's fast food restaurant in the immediate vicinity of the subject parcel. Surrounding Lands: Land Use/Zoning: The property to the west (makai) of the subject property is zoned CV -7.5 and used for a variety of commercial uses, including offices and restaurants. The parcel immediately to the north is zoned CV -7.5 and used for office and commercial uses. The property to the east is zoned RM -1.0 and supports several multiple -family uses. The property to the south has CV -7.5 and RM -1.0 zonings and has mixed commercial and multiple -family residential uses. 10 IV. PUBLIC FACILITIES AND SERVICES A. The access to the subject property is from Kuakini Highway at its intersection with Kalani Street, a signalized intersection and then from Kalani Street to Kalawa Street. Kalwa Street has a 40' wide right-of-way with 20' of pavement. B. There will be no interior roadway. C. Water is available to the site from the existing Department of Water Supply system on Kalawa Street. D. Utilities will be provided to the parcel from the area's existing infrastructure. E. As there is no municipal system fronting the subject parcel, sewage will be disposed of via an individual wastewater treatment system approved by the State Department of Health. F. The nearest police station is located at Kealakehe, approximately three miles from the project site. G. There is a fire station at the intersection of Palani Road and the Queen Kaahumanu Highway, less than one mile from the site. H. The nearest recreation facility is the Old Airport park approximately one mile from the project site. I. The nearest public schools are Kahakai Elementary located on Alii Drive approximately two miles from the site and the middle and high schools located at Kealakehe, approximately four miles from the subject property. ll V. ENVIRONMENTAL ASSESSMENT AND ANALYSIS A. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity: In terms of the relationship between short- term use of man's environment and the maintenance and enhancement of long-term productivity, no short-term exploitation of resources that would entail negative long- term consequences has been identified for the proposed action. B. Mitigative measures proposed to avoid, minimize, rectify or reduce impact: All construction on the site will comply with all governmental regulatory controls to mitigate noise and dust during the construction period. All structures and infrastructure improvements constructed will comply with all federal, state and county requirements. All important cultural, historical and natural resources will be treated in accordance with agency requirements. C. Alternatives to the proposed development: One alternative to the proposed action would be to develop parcel based on the current RM -1.0 zoning, which would result in seven (7) multiple -family units with associated infrastructure. This would not allow the development needed commercial space in this area of Kailua. D. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action is implemented: The construction of an office building would involve the irreversible and irretrievable commitment of only negligible quantities of natural resources. 12 VII. PROPOSED FINDINGS Given the conformance with all established State and County goals, policies and plans; the physical characteristics of the site and surrounding area; the present zoning and uses of the surrounding area; the minimal impact on public facilities and services; the minimal impact on the environment; the applicant requests a favorable consideration of this change of zone application. 13 .�m mom Imp" .�m EXHIBIT A LocationNicinity Maps v 0 INV, -7 -?o Y 101 �� Jo � :3aa4S '000-9-L6 - 86-L661 'IH '118MEH — 4 ?-1 1 1 I � i v � I 1 J 11,9 Od I b 1 1 z, a a 15 v 0 INV, -7 -?o Y 101 �� Jo � :3aa4S '000-9-L6 - 86-L661 'IH '118MEH — iJl: l 7iJ d °yip � � �'� i fp•. p.qYfs yp WL Q._. ~ & Y1f °y� e f( } E « CCii al IN L f © z t 1h Fi g ' 1O1•'Ei `° (DD iA int'9 I i 1 r 01 ALArVOC ! Oa'3f i ©t [©lac M © fi E!.. ` © :I©tea(O!: �O�j6 qp oil iOyn fin, ?G' • q . �I i i • i$f d �;. k . u 2 u 31> t m of Q6l i' � tp Yd fJi ail ..�` ^•� ` 1 gEkd X & � x ^ � P !E �'l �f 7'' � �!Jj� y;:_iii_ • . r11 IN, .� a , i _ ®1x Lot Imo.. �; errre'er r« jj el ,� � AtArrou Iw .l ® Q��F � p�r � �Ei rvm•.. f�� ii ®^ © _lp .. t:, n`i Yll . �� « xy °l�� j }t E � E 3 .E 8 p i••�� e a tt�`d •slitl; 71 ,ell ....� `G/_r 2 ♦i ® `Q'._lob .12 n0 d 1rA�t r , it J :R: W K ^ «' h � •J �S. ® «j.l '� .1• A O k Q�666! r 4 3.a i{{�EEE :i- ,., w p ® s4E ;a• r �'fi e, ,1•• u Yi K.. , UA K/ . . a HIGHWAY n...._...,— I � a r` R c .� r o • °• — P l , i • , S i 110 1 :IaayS 'ZZO-S-L£ - 86-L66 t 'IH 'MmeH �AO�NAONA STREET K A L N I rn ;;E 7-S7UBJECT PARCEL Pi co -U- A U HUALALAI VICINITY MA SCALE: I INCH = 200 FEET J �- T:�-- LAKAI bIK—t 1 A' 10 Change of`Zone Exhibit K A L A N NOTES.. • rgubbvmSfa dIWLWdre(m�CMto OM)". r1f Survey 1. Hama of ..mm of aCjanbp parcel, am from omitoble Tar Mup —o.. J, Sto, c M or Imfb In zone x (Ina. oIN—Iin.! to M -Irc r fM 500-yy.aa /boo pbin) m r Tiood PI a Rot. No FLR.M.) CanmurrRj-Ibwl NunAy ISSIB6 0713 D. n Wy I6. 991. 3 6 It O tl G SL.IC( ItI !C(I S T R E E T 3 k D u mA Lebf LLWA.trA z 0 (Cv-7.5 ZONING) N e � a LONG KO NA SUBDIVISION o a LOT 80 7,500 S0. R. (RM -1.0 TO CV -7.5 ZONING) i � ]_srtxr I'M 35 R E.et stl � L (RM -1.0 ZONING) 2 � p y ( r SSYrc) Irvq %fin TY 0� �cl ciue.•rii onTc er (RM- I O ZONING) IY ,. . P. .....,. .. Ryw.f F NOMYO i OR T. dWl1V0, MALLtS K LIIIIS/M m AMB 1a61y r MWSNB (tM/ERSJ !1 -SODS Mw" BW A6i1 a.rM, feet te..r anw (RM -1.0 ZONING) c —i—r 'yamU > � Q i KALANI N N r z i a n o n LA H O M U A !) MINN WC/M/fY IIIP Dmu: I Imam - If, rvE I�EZQIWMG EXHIBIT MAP SHOWING LOT 80 OF LONO KONA SUBOMSION Beirayy a Portion of Grant 3148, Ap. 4 to W.P. Leleiohoku A At Honuoulo, North Kona Island and County of Hawaii, State of Hawaii ya�9 %fin TY 0� �cl ciue.•rii onTc er unI r. M.],11 e Pre Ia re,arl5 p Slal.re H...�•C. lilrce. MunO . -1]JI q''r'4li US v.,Raa A- WES THOMAS ASSOCIATES PROJECT NO. . 16276.1 -- �1Y"1^" "' DATE:. 11, 2002 IS -5).9 KeNc SM tr.a,.-x 9e7a-rel> rzE 309-DAS1 TM (Bra) 3n-� o.n,+B.tma.eimn .DECEUVER FIELD BOOK . TAX UIP KEY .7-5-22:40 (3RD DMSK)N) RMSFO .IANIIARY 6 9009 (ADDEO'BUILDING) .... xw., E f'C Proposed B*Ooiug Elevations MAKAI J iuW tnV RESTROOM Tom- 0 AIRM6\ ww auu JANROfi'S 0.05ET INTERIOR ELEVATIONS ,q•„— H 5-foC wsY r 1N NiNf09L � �w nm�q 4RG�lEyap ��r,us�w s�rz�eo cE� _ �cau„u eaP�O 7 a _g, `i s4 ate, 'i: x. 5w0 �f,+t'is�x�f'. ,�''e.a•.u, "'may,. 'P �' ''".�'9i i 4 u77, s4 .";IMP s., s�#� _•> N 4r -: d .,-e, 1 �.• .a i (. `3 ¢ s"" ,a s cru 't k f ,mss` 3 3 ' a `'�. .ny .:s x' foa : F "'r' fi h z� a "�s:�'R.a, C " n .` o, 2 Y 'fiYs.ea. A.,1 4z r g;. car in MM t.s� flys S� xr k 'll 'v 'i��ims-uyea'"�"""�'i-S A� ..x ,.�,�V as.,,.:,,�.,*sax �2sF'- „+, i, ✓hr..c x s Now—W,� ARC .�mm a' � �� ��6 �����, w�-..` ' ", ;,� ° Fw.� �R �3,� � r �'.�� � ,.sn r :,aa:° 59 a.s'r "":�` � •s �g�° � � r �� .:' s �. „F 7' e x *-, .� .. ...-. __„ ..... .ems. •�, . �. � � � .w''£'a' ��� �+ v- i f; DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII 13?R P Hf1 10 29 DATE: April 6, 2003 -;1"i A GNIT Memorandum TO Christopher J. Yuen, Planning Director Planning Department FROM Galen M. Kuba, Division Chief Engineering Division SUBJECT Change of Zone Application (REZ 03-005) Applicant: Chrystal T. Yamasaki Location: Honuaula, N.Kona, HI TMK: 3 / 7-5-022:040 We reviewed the subject application and our comments are as follows: DRAINAGE 1. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. 2. The applicant shall be informed that if they include drywells in the subject development, an Underground Injection Control (UIC) permit may be required from the Department of Health, State of Hawaii. 3. A drainage study shall be prepared, and the recommended drainage system shall be constructed meeting with the approval of DPW. EARTHWORK 1. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. 2. The applicant shall comply with chapter 11-55, Water Pollution Control, Hawaii Administrative Rules, Department of Health, which requires an NPDES permit for certain construction activity. EXHIBIT 01 rb Memorandum to PD April 6, 2003 Page 2 of 2 ROADWAYS All driveway connections to a County road shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. Driveways shall conform to County Standards Details. All sight distances shall meet the requirements of the Hawaii Statewide Uniform Design Manual or AASHTO Guidelines. 2. The applicant should provide adequate off-street parking, and a turnaround before entering the County road right-of-way. Kalawa Street, fronting the subject property, is a County road. It has an approximate 20 -ft. wide pavement, with gravel shoulders all within an approximate 40 -ft. right-of-way. County Standards call for a 60- foot right-of-way for County roads serving properties zoned for commercial use. However, a precedent improvement indicates that a 5 -foot street right-of-way widening will be appropriate and acceptable in the subject case. An adjoining parcel is fronted by curb gutter and sidewalk. The applicants shall widen, by 5 feet, and provide full improvements to their entire (as widened) Kalawa Street frontage consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any relocation of utilities; meeting with the approval of the DPW. Install street lights, signs and markings meeting with the approval of the DPW, Traffic Division. The widened street area shall be dedicated without cost to the County of Hawaii. Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 327-3530. KE copy: ENG-HILO PLNG-KONA MOOERS ENTERPRISES, LLC P.O. Box 1 tot KAMUELA, HAWAII 96743 April 10, 2003 Mr. Christopher Yuen Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Re: CHANGE OF ZONE REQUEST (REZ 03-005) MULTIPLE -FAMILY RESIDENTIAL (RM -1.0) TO VILLAGE COMMERCIAL (CV -7.5) PETITIONER: CHRYSTAL T. YAMASAKI TAX MAP KEY (3) 7-5-22:40 Dear Mr. Yuen: Your staff has forwarded agency comments on the application identified above and asked for responses. We offer the following responses. I have reviewed the comments from the Department of Public Works, Police Department, Department of Transportation, Department of Environmental Management and Department of Health. The applicant concurs with these comments and has no objections. If you or your staff require additional information or have any questions, please contact me directly. Sincg ely, r. Grego 4. Mooers President GR M:j y PHONE: (808) 885-6839 FAX: (808) 886-1574 EMAIL: GMOOERSCaHAWAII.RR.COM EXHIBIT U