HomeMy WebLinkAboutCOM 0823.000 2002-2004
JN[Y^O• 1
N
Harry Kim Lldr~. Dixie Kaetsu
Mayor r' Managing Director
:y eter L. Hendricks
LIZ~ Deputy Managing Director
COUNTY OF HAWAII( 25 Aupum Sheet, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 Fax (808) 961-6553
KONA- 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawai'i 96740
(808) 329-5226 • Fax (808) 326-5663
October 15, 2004
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:
State Land Use Boundary Amendment Application (SLU 03-006)
Request: Agricultural to Urban
Change of Zone Application (REZ 03-014)
Request: ML-20/MG-5a/CV-10 to RS-20 and A-20a to ML-20
Applicant: Continental Pacific, LLC
Tax Map Key: 2-8-8:por 3, por 95, 103 & per 104
Change of Zone Application (REZ 04-014)
Applicant: Automotive Supply Center, Ltd.
Request: RS-10 to MCX-20
Tax Map Key: 2-2-49:26
Xliange of Zone Application (REZ 04-015)
Applicant: Island Ohana Dental
Request: RS-10 to MCX-20
Tax Map Key: 2-2-37:31
Change of Zone Application (REZ 04-016)
Applicant: Betty Wong
Request: A-3a to RS-15
Tax Map Key: 2-4-38:16
Change of Zone Application (REZ 04-021)
Applicant: Glenn Ahuna
Request: RS-10 to RCX-10
Tax Man Key: 2-2-21:30
J5 Comm. No.
Ref. To:
Ref. Date-Q 2.1 2M
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
October 15, 2004
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,
\l7 ° ( "
Marry Kim
uu Mayor
L091604
Enclosures
cc: Planning Department
I lawai`i County is an Equal Opportunity Employer and Provider
JNSY o/ N1
Harry Kim
Mayor
4 er:'
T~ 0 T
County of Hawaii
PLANNING COMMISSION
101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043
(808) 961-8288 • Fax(808)961-8742
October 15, 2004
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 04-015)
Applicant: Island Ohana Dental
Request: RS-10 to MCX-20
Tax Map Key: 2-2-37:31
The Planning Commission, after a duly held public hearing on September 16, 2004, voted to
recommend for your approval the proposed legislative bill to change the district classification
from a Single Family Residential - 10,000 square foot (RS-10) to an Industrial-Commercial
Mixed 20,000 square foot (MCX-20) district for 22,300 square feet of land. The property is
located along the north side of Lanikaula Street, approximately 100 feet west of the Lanikaula
Street-Kanoelehua Avenue intersection, adjacent to and west of the Osaka Restaurant building,
and also diagonally across from Leung's Chop Suey House, Waiakea, South Hilo, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the change of zone:
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
The applicant is requesting a change of zone from Single-Family Residential
10,000 square feet (RS-10) to Industrial-Commercial Mixed (MCX-20) to construct an
approximately 6,000 square-foot two-story building to be used as a dental clinic. The
first floor will consist of approximately 3,500 square feet to be used for patient care, and
the second floor, consisting of approximately 2,500 square feet, will be used for support
services. Proposed are 32 parking stalls, including a handicapped-accessible stall.
Preliminary plans indicate a setback of approximately 60 feet from Lanikaula Street, a 38-
foot setback along the eastern property boundary, and 23-foot setback along the western
boundary of the site. The height of the two story structure will not exceed 25 feet. Also
proposed is a 3-4 foot wide planting screen along the eastern and western boundaries.
Construction is proposed to commence within the next 12 months. The estimated cost of
the project is $500,000.00.
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.
The Change of Zone request from a Single-Family Residential 10,000 square feet
(RS-10) to the Industrial-Commercial Mixed (MCX-20) zoned district will conform to
the goals, policies and standards of the General Plan Economic and Land Use Elements.
The General Plan is intended to be used as a policy guide for the coordinated growth and
development of all sectors of the County. 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 with the goals, policies and standards of the General Plan in
that the proposed development will be developed in an area adequately served by
necessary services such as water, utilities, sewers and transportation systems. The
applicant is requesting an Industrial-Commercial mixed zoning. The proposed project
conforms to the Land Use - Industrial sub-element which states that "Industrial
development shall be located in areas adequately served by transportation, utilities and
other amenities."
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 3
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 project area is designated Industrial
on the LUPAG Map. This industrial designation includes uses such as manufacturing and
processing, wholesaling, large storage and transportation facilities and light industrial
uses. The MCX zoning would be consistent with the Industrial designation on the
LUPAG Map for this area of Hilo. The applicant proposes to establish a dental clinic and
support services, which would be suitable in this area.
The State Land Use designation for the subject property is Urban. The property is
designated Urban by the Land Study Bureau's Productivity Rating. The Hilo Community
Development Plan (CDP), adopted in 1975, suggests the retention of residential uses in
this area. However, this area is transitioning to commercial and light industrial uses. The
advantage of this area is its location in close proximity to water, air transportation
terminals, harbor facilities and the residential population of Hilo. The proposed change
of zone would complement the existing industrial and commercial land uses that already
exist in this area and will provide for an orderly development of the area.
The MCX zoning designation was created when the Zoning Code was amended in
1996. In accordance with Section 25-5-130, Hawaii County Zoning Code, this district
would allow a mix of light industrial and commercial uses. The intent is to provide for
areas of diversified businesses and employment opportunities by permitting a broad range
of uses, without exposing non-industrial uses to unsafe and unhealthy environments.
The property is a relatively level, approximately 22,300-square foot vacant
rectangular parcel located on the north side of Lanikaula Street, approximately 100 feet
west of the intersection at Kanoelehua Avenue and Lanikaula Street. The site was
formerly used as a residence, and there is an abandoned dwelling on the site that will be
demolished.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 4
The land uses in the immediate area are a mix of commercial and industrial uses.
Hilo International Airport is zoned ML-20 and located northeast of the property. The
property to the north is zoned MCX-20, where there is an existing dwelling. This parcel
(TMK: 2-2-37: 29) was rezoned from RS-10 to MCX-20 by Ordinance No. 98 98
effective September 16, 1998. Lands to the east are zoned ML-20, site of Restaurant
Osaka, Kilohoku Treasures, Family Home Mortgage Company of Hawaii, Green Sands
Internet and Harmony Road Music School. The property to the west is also zoned ML-
20, site of Business Automation. Across Lanikaula Street to the southeast is Leung's
Chop Suey House zoned CN-10, and directly across from the property is a parcel zoned
ML-10. Lands to the west in the general vicinity are zoned RS-10.
All utilities and services are available to the site. Access to the project site is
proposed from Lanikaula Street, a County roadway with an approximately 50-foot right-
of-way, and pavement width of 20 feet. There is a section of sidewalk fronting a
commercial/industrial complex approximately 500 feet west of the property at the corner
of Lanikaula and Laukapu Streets. As part of the rezoning approval, this property was
required to set aside a 5-foot road widening strip along Lanikaula Street. The applicant
has stated that if required, sidewalks will be constructed in front of the site. According to
the applicant, the proposed project will have some traffic impacts. The intersection at
Lanikaula Street and Kanoelehua Avenue is not a full-movement intersection and traffic
from Lanikaula Street to Kanoelehua Avenue is limited to a right-turn only movement.
The Department of Public Works has stated that "within the vicinity, Lanikaula Street's
right-of-way is 50 feet wide. The applicant shall provide full improvements to the entire
frontage along Lanikaula Street consisting of, but not limited to pavement widening with
concrete curb, gutter and sidewalk, drainage improvements, and any required utility
relocation, meeting with the approval of the Department of Public Works." Kanoelehua
Avenue is a six-lane State highway with a divided median in the project area.
As the County waterline fronts Lanikaula Street, it is anticipated that a 5/8-inch
meter would be sufficient for the proposed use. The applicant will install an additional or
larger meter and a backflow preventer, if required. The project will connect to the
County's sewer line. Solid waste will be handled by commercial haulers. If required, a
Solid Waste Management Plan will be prepared. Electricity and telephone services are
available to the site.
The property has no severe geological or topographical problems which cannot be
rectified or which would render the land unusable. The project site is located within Zone
"X", area determined to be outside the 500-year floodplain. All development generated
stone run-off shall be disposed of on-site and not allowed onto adjacent properties or
roadways.
Honorable James Y. Arakaki, Chainnan
and Members of the County Council
Page 5
By letter dated May 17, 2004, the applicant has requested a "no effect" letter from
the DLNR-HPD. No professional surveys were conducted of the site. By letter dated
June 25, 2004, the State Department of Land and Natural Resources Historic Preservation
Division has indicated that "residential development/urbanization has altered the land;
thus, we believe that no historic properties will be affected by this undertaking." The
applicant has stated that should any archaeological features or sites be discovered during
the development of this project, work will immediately cease and the applicant will notify
the Planning Department.
No professional flora or fauna surveys were conducted of the site. The applicant
does not believe that rare or endangered floral or faunal resources are on the site. The
property is located in an urban setting close to existing industrial and commercial uses
and was previously cleared and used as a dwelling site. Introduced bird species include
the dove, Japanese White-Eye, house finch and mynah. Domestic animals such as cats
and dogs and other animals such as rats and mongoose are present on the site. Vegetation
on the site includes lychee trees and an avocado tree. Due to its abandoned state, other
plants normally associated with abandoned properties are present, including the African
tulip and gunpowder trees, ivy gourd and other shrubs.
The subject request is not contrary to Chapter 205A, Hawaii Revised Statues,
relating to Coastal Zone Management. The property is not located in the Special
Management Area. The project site is located more than two miles from the shoreline
and will not be impacted by coastal hazard and beach erosion. There is no record of a
designated public access to the shoreline or mountain areas that traverses the property.
According to the applicant, 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 cultural or historical resources in the area. Therefore, no action is
necessary to protect these 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 tenns of the cultural, historical, and natural resources and the
associated traditional and customary practices of the site:
Investigation of valued resources: No formal archaeological reconnaissance
survey, oral history of kamaaina accounts of the area, historical survey of documentary
records, botanical and/or fauna study was submitted.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 6
The valuable cultural, historical, and natural resources found in the rezoning area:
As the site was formerly used as a dwelling site, an archaeological inventory survey of the
site was not conducted. The applicant has stated that work will cease and the Planning
Department will be notified if any unanticipated archaeological features or sites are
discovered during the course of improving the site. By letter dated June 25, 2004, the
State Department of Land and Natural Resources Historic Preservation Division has
indicated that "residential development/urbanization has altered the land; thus, we believe
that no historic properties will be affected by this undertaking."
Possible adverse effect or impairment of valued resources: Native plants could be
destroyed by construction and ground alteration. The property does not abut the
shoreline, therefore Hawaiian gathering and fishing rights is not an issue.
Feasible actions to protect native Hawaiian rights: Conditions of approval will be
included to require the applicant to notify the Department of Land and Natural Resources
- Historic Preservation Division (DLNR-HPD) should any unidentified sites or remains
be encountered, and proceed only upon an archaeological clearance from the DLNR-
HPD. The applicant has stated that there is no evidence of any traditional and customary
Native Hawaiians rights being practiced on the site, nor existence of any known valued
cultural, historical or native resources in the area. Thus, it is believed that the project
would have no adverse impact relative to the cultural and historical resources of the area.
To the extent to which traditional and customary Native Hawaiian rights are exercised,
the proposed action will not affect traditional Hawaiian rights and no action is necessary
to protect these rights.
Based on the above findings, approval of this change of zone request from Single-
Family Residential (RS-10) to an Industrial-Commercial Mixed (MCX-10) district would
result in an appropriate land use pattern that will further benefit the general public.
For your favorable consideration, an amendment to Section 25-8-33 (City of Hilo Zone Map), of
the County Zoning Code is transmitted.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 7
We are enclosing copies of the staff Background and Planning Director's Recommendation for
your information.
Sincerely,
Gi
Fred ald es, Chairman
Planning ommission
LislandohanaQPC
Enclosures
cc: Mr. Sidney Fuke
Island Ohana Dental
Department of Public Works
Department of Water Supply
Department of Land & Natural Resources-HPD/Kong
Rodney Haraga, Director/DOT-Highways, Honolulu
Hawai'i County is an Equal Opportunity Employer and Provider
BIODentaIREZ.doc-7/6/04
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
ISLAND OHANA DENTAL.
CHANGE OF ZONE APPLICATION MZ 04-0151
ISLAND OHANA DENTAL has submitted an application for a Change of Zone from
Single-Family Residential 10,000 square feet (RS-10) to Industrial-Commercial Mixed 20,000
square feet (MCX-20) for approximately 22,300 square feet of land. The property is located
along the north side of Lanikaula Street approximately 100 feet west of the Lanikaula Street-
Kanoelehua Avenue intersection, adjacent to and west of the Restaurant Osaka building and
diagonally across from Leung's Chop Suey House, Waiakea, South Hilo, Hawaii, TMK: 2-2-37:
31.
REQUEST
1. Proposed Development: The applicant is requesting a change of zone from Single-
Family Residential 10,000 square feet (RS-10) to Industrial-Commercial Mixed 20,000
square feet (MCX-20) to construct an approximately 6,000 square-foot two-story
building to be used as a dental clinic. The first floor will consist of approximately 3,500
square feet to be used for patient care, and the second floor, consisting of approximately
2,500 square feet, will be used for support services. Proposed are 32 parking stalls,
including a handicapped-accessible stall. Preliminary plans indicate a setback of
approximately 60 feet from Lanikaula Street, a 38-foot setback along the eastern property
boundary, and 23-foot setback along the western boundary of the site. The height of the
two story structure will not exceed 25 feet. Also proposed is a 34 foot wide planting
screen along the eastern and western boundaries. Construction is proposed to commence
within the next 12 months. The estimated cost of the project is $500,000.00. The
landowners of the property are Jill Uehara, Garret K. Uehara, and Germaine H. Uehara.
(See Exhibit A - Change of Zone application)
STATE AND COUNTY PLANS
2. State Land Use Designation: Urban.
-1-
Attach: C-823 (B-358)
3. General Plan LUPAG Map: Industrial.
4. County Zoning: Single-Family Residential 10,000 square feet (RS40).
5. Proposed MCX Zoning: 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 non-industrial uses to unsafe and
unhealthy environments. This district is intended to promote and maintain a viable mix
of light industrial and commercial uses. The height limit in the MCX district is 45 feet.
The minimum yards in the MCX district are front yards 20 feet, side and rear yards, none,
except where the adjoining building site is in a RS, RD, RM or RCX zoned district.
Where the side or rear property line adjoins the side or rear yard of a building site in a RS,
RD, RM or RCX zoned district, side or rear yard must conform to the side or rear yard
requirements for dwelling use of the adjoining district.
6. Hilo Community Development Plan: RS 10.
7. Coastal Zone Management, IIRS, Chapter 205A: The entire State of Hawaii lies
within the Coastal Zone 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.
8. Special Management Area: The SMA is a part of the Coastal Zone Management
Program regulated by the County. The project site is located more than two miles from
the shoreline and is not in the SMA.
DESCRIPTION OF THE SITE AND SURROUNDING AREA
9. Subject Property: The property is a relatively level, approximately 22,300-square foot
vacant rectangular parcel located on the north side of Lanikaula Street, approximately 100
feet west of the intersection at Kanoelehua Avenue and Lanikaula Street. The site was
formerly used as a residence, and there is an abandoned dwelling on the site that will be
-2-
f
demolished.
10. Surrounding Zoning and Land Uses: The land uses in the immediate area are a mix of
commercial and industrial uses. Hilo International Airport is zoned Limited Industrial
20,000 square feet (ML-20) and located northeast of the property. The property to the
north is zoned MCX-20, where there is an existing dwelling. This parcel (TMK: 2-2-37:
29) was rezoned from RS-10 to MCX-20 by Ordinance No. 98 98 effective September
16, 1998. Lands to the east are zoned ML-20, site of Restaurant Osaka, Kilohoku
Treasures, Family Home Mortgage Company of Hawaii, Green Sands Internet and
Harmony Road Music School. The property to the west is also zoned ML-20, site of
Business Automation. Across Lanikaula Street to the southeast is Leung's Chop Suey
House zoned Neighborhood Commercial 10,000 square feet (CN-10), and directly across
from the property is a parcel zoned ML-10. Lands to the west in the general vicinity are
zoned RS-10.
11. U.S.D.A. Soil 'T'ype: Keaukaha extremely stony muck, 6 to 20 percent slopes (rKFD).
The Keaukaha Series consists of well drained, thin organic soils over pahoehoe lava
bedrock.
12. Land Study Bureau's Productivity Rating: Urban.
13. Noise Impacts: Existing ambient noise includes airport/aviation use and traffic. Short-
term noise impacts associated with the project are temporary, and all applicable State
rules governing construction noise abatement will be observed.
14. Air Quality: The proposed project should not directly impact air quality in the area.
Fugitive dust during construction can be mitigated by compliance with the Department of
Health's regulations.
15. FIRM: Zone "X", an area outside of the 500-year flood plain.
16. Coastal Hazards: The property is located over two miles from the shoreline, is not an
oceanfront parcel, and will not affect, or be affected by shoreline processes.
17. Recreational Resources: The proposed development will not reduce the size of the
coastline or other areas used for public recreational uses.
18. Visual Resources: The proposed project will not affect the line-of-sight toward the
-3-
ocean.
19. Flora/Fauna: No professional surveys were conducted of the site. The applicant does
not believe that rare or endangered floral or faunal resources are on the site. The property
is located in an urban setting close to commercial, industrial and residential uses.
Introduced bird species include the dove, Japanese White-Eye, house finch and mynah.
Domestic animals such as cats and dogs and other animals such as rats and mongoose are
common in the area. Vegetation on the site includes lychee trees and an avocado tree.
Due to its abandoned state, other plants normally associated with abandoned properties
are present, including the African tulip and gunpowder trees, ivy gourd and other shrubs.
20. Archaeological/Historical Resources: By letter dated May 17, 2004, the applicant has
requested a "no effect" letter from the DLNR-HPD. No professional surveys were
conducted of the site. The applicant has stated that should any archaeological features or
sites be discovered during the development of this project, work will immediately cease
and the applicant will notify the Planning Department. By letter dated June 25, 2004, the
State Department of Land and Natural Resources Historic Preservation Division has
indicated that "residential development/urbanization has altered the land; thus, we believe
that no historic properties will be affected by this undertaking."
21. Cultural or Native Gathering Rights: There is no evidence of any traditional and
customary Native Hawaiian rights being practiced on the site, nor existence of any known
valued cultural, historical or native resources in the area.
22. Traffic: According to the applicant, the proposed project will have some traffic impacts.
Lanikaula Street is relatively straight in this area. The intersection at Lanikaula Street and
Kanoelehua Avenue is not a full-movement intersection. Traffic from Lanikaula Street to
Kanoelehua Avenue is limited to a right-turn only movement. If required, the applicant
will construct sidewalks fronting the site. The Department of Public Works has stated
that "within the vicinity, Lanikaula Street's right-of-way is 50 feet wide. The applicant
shall provide full improvements to the entire frontage along Lanikaula Street consisting
of, but not limited to pavement widening with concrete curb, gutter and sidewalk,
drainage improvements, and any required utility relocation, meeting with the approval of
-4-
(
the Department of Public Works."
23. Public Access: According to the applicant, there is no record of a designated public
access to the shoreline or mountain areas that traverses the property.
PUBLIC UTILITIES AND SERVICES
24. Access: Access to the project site is proposed from Lanikaula Street, a County roadway
with an approximately 50-foot right-of-way, and pavement width of 20 feet. There is a
section of sidewalk fronting a commercial/industrial complex approximately 500 feet
west of the property at the corner of Lanikaula and Laukapu Streets. The applicant has
stated that, if required, sidewalks will be constructed in front of the site.
25. Water: According to the applicant, it is anticipated that a 5/8-inch meter would be
sufficient for the proposed use. The applicant will install an additional or larger meter
and a backflow preventer, if required.
26. Wastewater: The project will connect to the County's sewer line.
27. Solid Waste: Solid waste will be handled by commercial haulers. If required, a Solid
Waste Management Plan will be prepared.
28. Essential Utilities and Services: Electricity and telephone services are available to the
site. Three County fire stations and emergency medical services are available to the
property. Hilo Hospital is located approximately three miles from the site.
AGENCIES' AND ORGANIZATIONS' COMMENTS
29. Department of Public Works: Exhibit B - July 6, 2004 Memo
30. Department of Environmental Management: Exhibit C - June 10, 2004 Memo
31. Police Department: Exhibit D - June 25, 2004 Memo
32. Department of Land and Natural Resources Land Division: Exhibit E - June 17,
2004 Memo
33. Department of Land and Natural Resources Historic Preservation Division: Exhibit
F - June 25, 2004 Memo
34. Department of Health: Exhibit G - June 22, 2004 Memo
35. Department of Transportation: Exhibit H - June 25, 2004 Letter
-5-
' AGENCIES - NO COMMENTS
36. Fire Department, Civil Defense Agency
AGENCIES - NO RESPONSE
37. Department of Water Supply
APPLICANT'S RESPONSE TO AGENCIES
38. See Exhibit II - June 25, 2004 and July 8, 2004 Letters
PUBLIC COMMENTS
39. The Planning Department has not received any written comments or objections
from the general public or adjacent landowners on the request.
-6-
APPLICATION
FOR
COUNTY REZONING
(RS-10 to MMCX-20)
ISLAND OHANA DENTAL
WAIAKEA HOUSE LOTS
SOUTH HILO, HAWAII
TAX MAP KEY: (3) 2-2-037: 031
Prepared For:
Island Ohana Dental
Prepared By:
Sidney M. Fuke, Planning Consultant
May 2004
EXHIBIT
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT: Island Ohana Dental
APPLICANT'S SIGNATURE: DATE: May 10, 2004
ADDRESS: c/o 3168A East Manoa Road Honolulu 111!96822
LIST APPLICANT'S INTEREST IF NOT OWNER:
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: Cavr-64 I'- Uekv?'a- 41 ' b(Aae
959-9800 (Res.) 80k))9n5 o4A (Fax)
LANDOWNER(S): Jill Uehara &Gy,(~-4 L Ueha?-a wit ynoA-V e-
LANDOWNER SIGNATURE( DATE: 5b,2 -1c)4
(May be by letter)
LANDOWNER(S) ADDRES 3168A East Manoa Road Honolulu HI 96822
REQUEST: RS-10 TO MCX -20
(Existing zoning) (Proposed Zoning)
TAX MAP KEY: 2-2-37: 31
STREET ADDRESS OF PROPERTY: 519 Lanikaula Street
SIZE OF PROPERTY OR AFFECTED AREAS TO BE REZONED: 22,300
AGENT: Sidney Fuke Planning Consultant
ADDRESS: 100 Pauahi Street Suite 212
Hilo HI 96720
u
TELEPHONE: (Bus.) 969-1522 (Res.) (Fax) 969-7996
Please indicate to «,hom original correspondence and copies should be sent.
'I
ORIGINAL: SIu. _ COPIES: Island Ohana Dental
ATTACHMENT
Commercial, RM, Resort, & Industrial
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
1. if your request is approved, do you intend to subdivide
the subject land in accordance with the approved change
of zone? No
If yes, 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? No
b. Sell or lease the land to someone who has tentative
plans? No
C. Sell or lease the land to someone who has no plans? No
C1. 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.
i
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.
L
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I
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i
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W plan to construct a medical/dental clinic on the subject site.
4. Have you performed any study which would demonstrate a need for
your proposed building and/or development? No
if so, please elaborate on your findings in the space provided
below. j
I
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i
5 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.
Please refer to attached Planning and Environmental Report
6. Are there any buildings on the subject area? Yes
If so, what kind?
Abandoned dwelling
What do you intend to do with those buildings if your
request is approved?
Demolish the structure
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-
8 To your knowledge, has there been any flooding and/or
drainage problem on the subject area? No
If so, please describe the problem.
9. Do you think that the roads leading to the subject area
needs improvement? No
If so, what kind?
Is the road adequate for the proposed traffic volume
or load? Yes
10. What sort of governmental assistance and/or improvements
do you feel will be needed in the subject area when
developed?
yes
a. Schools x
b. Roads
x
C. Sewer x
d. Drainage x
e. Police Protection x
f. Fire Protection x
i
X
g Recreational Facilities
h. Recreational Facilities
i.
9
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. A request for a "No Historic Properties Affected is being requested."
Signature:
Address: 168A East Manoa Road Hn196822
Telephone: 959-9800
Date: -5-6338A/50A
P. D, 5/84
COUNTY ENVIRONMENTAL REPORT
COUNTY REZONING REQUEST - RS-10 to MCX-20
ISLAND GHANA DENTAL
WAIAKEA DOUSE LOTS, SOUTH HILO, HAWAII
TAX MAP KEY: (3) 2-2-037: 031
I. INTRODUCTION
The applicant, Island Ohana Dental, is requesting to rezone a parcel of
land (hereinafter referred to as the subject site) consisting of 22,300
square feet from Single-f=amily Residential (RS-10) to Industrial-
Commercial !Mixed (MCX--20 in the City of Milo, Hawaii. The subject site is
located on the north side of Lanikaula Street, approximately 100 feet west
of its intersection with Kanoelehua Avenue. The subject site is more
specifically identified as Waiakea House Lots, Waiakea, South Milo,
Hawai'i, TMK: (3) 2-2-037: 031.
If successful, the applicant plans to use the site for a dental clinic housed
within a 2-story, 6,000± square foot structure.
II. PROJECT LOCATION
As noted earlier, the subject site consists of 22,300 square feet and is
identified by TMK: 2-2-037: 031. The site is located on the north side of
Lanikaula Street, near its intersection with Kanoelehua Avenue. (Figures
1 &2)
The site is bordered on both sides by a computer store on its west and a
small commercial complex on its east. There is a welding shop and a
restaurant generally across of the subject site. There are residential uses
generally west and within the Waiakea House Lots area.
Particularly along major street frontages, pockets of the Waiakea House
Lots are slowly undergoing a land use transition from single-family
residential to commercial while the Lanikaula Street frontage is
increasingly becoming commercial and light industrial in nature. Most of
the zoning corresponds to this mixture of land uses.
i
III. PROJECT DESCRIPTION
i
A. Project Concept and Components
The applicant is proposing to establish a dental clinic on the subject
site. A two-story structure, consisting of 6,000± square feet, is
proposed to accommodate this use. The first floor, consisting of
approximately 3,500 square feet would be devoted to patient care,
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while the second floor, consisting of approximately 2,500 square
feet, would be used for support service.
As noted on the preliminary site plan (Figure 3), access would be
from Lanikaula Street, using a one-way in, one-way out system.
There would be at least 32 parking stalls, including a handicapped
stall, for the new structure, This would be consistent with the
Zoning Code of one stall per 300 square feet.
The preliminary plans show a setback of 60+ feet from Lanikaula
Street to the porte cochere. There would be a 38-foot setback
along its eastern property line and a 23-foot setback at its western
boundary. The height of the 2-story structure would not exceed 25
feet. (See Figures 4 & 5).
Furthermore, additional landscaping consistent with Planning
Department Rule No. 17 would be installed around the perimeter of
the subject site. The project would include a 3-4 foot wide planting
screen along the eastern and western boundaries.
It should be emphasized that the proposed structure and parking
location are preliminary and may be adjusted to accommodate the
spatial requirements of the potential use and County's design
review and related construction requirements, as outlined in the
Zoning Code and the conditions of Zone Change. The applicant is
thus aware that approval of this rezoning request does not suggest
the County's tacit or direct commitment of the design reflected in
this application.
B. Project Timetable and Cost
Should the request be approved, the applicant intends to finalize
the construction plans and begin construction within the next 12
months. The estimated cost of this project is $500,000.
IV. INSTITUTIONAL CONSIDERATIONS
A. State Land Use
The subject property is designated Urban. As such, no State Land
Use Commission action is required. The County of Hawaii can
process the rezoning request.
B. Coun General Plan
The County General Plan Land Use Pattern Allocation Guide
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(LUPAG) map, if scaled, designates the site Industrial. Relative to
the Industrial designation, the General Plan allows consideration for
"manufacturing and processing, wholesaling, large storage and
transportation facilities, and light industrial uses." As such, the
requested IVICX zoning would be consistent with this designation,
and no General Plan amendment is necessary.
No changes for this site are being contemplated in the proposed
revisions to the General Plan. The General Plan revisions are now
under consideration by the County Council.
C. Hilo Community Development Plan
The Community Development Plan (CDP) attempts to further define
the General Plan and serves as a vide for decision-makers. It
was adopted by the Planning Commission in 1975, over 25 years
ago. Although reviewed by the County Council, the CDP was never
adopted.
The CDP's Land Use Concept map identifies a RS-10 designation
for this area. This designation suggests residential uses at an
average of nearly 4 units per acre.
Notwithstanding this inconsistency, however, it is acknowledged
that the growth of Hilo and its outlying areas like Puna, have made
some of the planning assumptions of the CDP obsolete. An
updated CDP would be timely.
Absent the availability of a relevant intermediary planning
document, one must rely only on the General Plan LUPAG map
and policies. In the end, the General Plan is more critical, as the
County Charter requires all zone changes to be consistent with it.
D. County Zoning
The County zoning of the subject site is Single-family Residential
(RS-10). If the Industrial-Commercial Mixed (MCX-20) request
were approved, the site would be developed into a dental clinic.
Within the MCX zoning, medical clinics and uses are allowed, and it
is reasoned that the dental clinic is a form of a medical clinic.
All requirements of the appropriate land use and development
codes such as parking, landscaping, fire, ADA, and the like would
be complied with during the subsequent permitting phases of this
project.
3
E. Relationship to SIVIA Objectives and Policies
The site is not located within the County Special Management Area
(SMA). As such, no SMA Use Permit would be required. However,
as the entire island falls within the State Coastal Zone Management
(CZM) Area, some discussion of the request's relationship to the
CZM Program follows.
The site is not adjacent to the ocean. It is more than 2 miles from
the shoreline. As such, the proposed action should not have any
adverse impacts on the area's coastal recreational and marine
resources nor have any impacts on beach protection.
i
The likelihood of this improvement having any impacts to the area's
historic resources is not likely. The site has been used
residentially for over 50 years, although the residential use has
since ceased over the past 5+ years. As such, the entire site has
been improved with associated residential uses.
Further, should there be any inadvertent finds during construction
of the project, work will stop until clearances are received from the
appropriate County and State agencies.
The proposed action will involve the construction of improvements
in an urban setting. Accordingly, there is a potential visual impact
to the area's scenic and open space resources. However, the j
project would involve the construction of a structure on the subject
lot. As the site is bounded by commercial uses, the proposed 2-
story structure should not create any significantly adverse visual j
impacts to the surrounding properties. Then, too, from Kanoelehua
Avenue and Lanikaula Street, the views of Mauna Kea and Mauna
Loa would not be impeded by this structure; and the shoreline is not
visible from this area.
Relative to the Coastal Ecosystems, impacts should be negligible,
if at all, as the site is located well over 2 miles from the ocean.
Notwithstanding the distance, having the project's wastewater
connected to the County's system should minimize potential coastal
ecosystem impacts.
The proposed action will result in providing much needed medical
care to island residents. While providing needed services, this
clinic should also provide additional employment opportunities. In
so doing, the project could aid the overall economy and the overall
economic use of this site and the area in general.
i
4
Because of its distance from the shoreline, the site should not be
subject to coastal hazards.
Relative to the managing development objective, this function is
more applicable to the "authority" or approving agencies. However,
it is noted that the request would operate and be constructed within
the scope of the Zoning Code. The subject site would be zoned
MCX-20, and the requested use and design/parameters (parking,
height, setback, etc.) would be consistent with said zoning. In that
regard, the project would be consistent with this policy.
Finally, in terms of the public participation objective, this is
generally a public agency function. This is achieved through the
Marine and Coastal Zone Management Advisory Group
(MACZMAG) and the public hearing process required pursuant to
the Planning Commission's Rules and County Council's meetings
on this application. Notices of this application will be sent by the
applicant to surrounding property owners of the submittal of the
application, and again, prior to the public hearing.
Based on the foregoing, it is concluded that the requested
improvements would be consistent with the objectives, policies and
guidelines of the Coastal Zone Management Policies, as outlined in
Chapter 205-A-23, HRS and Planning Commission Rule No. 9
relating to Special Management Area.
F. Other Permitting Considerations
The site is not located within the County Special Management Area
(SMA). As such, no SMA Use Permit would be required.
However, other construction-related permits would still be required.
These would be of the "ministerial" variety, such as Plan Approval,
building permit, driveway permit, and health clearances.
V. ENVIRONMENTAL. CONSIDERATIONS
A. General Description
The 22,300 square foot site is shaped like a rectangle. The width is
111.5 feet, and its length is 200 feet. The site was formerly used as
a residence. There is an abandoned dwelling on the site that will
be demolished. There are a few lychee trees and an avocado tree
on the subject site, which apparently were associated with the prior
residential use of this property.
5
B. Climate, Soil and Topography
According to the State Commission on Water Resource
Management, the nearest rain gauge in this area is the Hilo Airport.
The rainfall data of this gauge notes that over the past 37 years, the
annual median rainfall for this area was 131.1 inches. The wetter
months tend to occur between October through April. The average
daily temperature ranges from a minimum of 61 degrees to a
maximum of 79 degrees Fahrenheit. Wind patterns are generally
tradewinds (easterly) during the day, and westerly or mountain
winds during the evenings.
The subject parcel is fairly level, and there are no perceptible
topographic or geologic constraints. The elevation of the site varies
between approximately 70 to 75 feet.
Being within a heavily urbanized area, the Land Study Bureau
Overall Master Productivity Ratinq does not have any classification
for this site. Likewise, the site is not classified under the
Agriculture Lands of Importance to the State of Hawaii (ALISH)
classification system. Thus, the State's classification system does
not recognize this site as being agriculturally important.
The U. S. Soil Conservation Service, however, has designated the
soil type in this are to be of the Keaukaha extremely rocky muck
(rKFD) series, 6 to 20 percent slopes. This soil type consists of
well-drained, think (less than 1 foot) organic soils overlying
pahoehoe lava bedrock. Runoff is medium, erosion hazard slight,
and shrink-swell potential high. These soils are usually moist, but
when dried, they have high shrinkage but low swelling potential.
This soil type is widespread throughout downtown Hilo.
C. Natural Hazards
1. Drainage
The Federal Emergency Management Agency's Flood
Insurance Rate Map (FIRM) designates most of the project
site to be located in Zone °X", areas outside the 500-year
flood plain. There are no drainage ways through the site.
Accordingly, the site should not be subject to flooding.
As there will be an added level of impervious surface
resulting from the proposed parking area and structure, there
may be an issue relating to potential increased run-off. In
that event, drywell or similar type of accommodations will be
6
implemented on site, subject to the review and approval of
the Department of Public Works. The depth of these
drywells - if needed - will be sufficient to avoid potentially
high groundwater table.
2. Tsunami Hazard
As the site is situated over two miles from the ocean, it is
located outside of the Tsunami Evacuation Zone.
3. Volcanic and Earthquake Hazards
The United States Geological Survey (USGS) classifies the
entire City of Hilo as being within Lava Flow Hazard Zone 3,
on a scale of ascending risk, 9 to 1. There is very little that
can be done to mitigate this situation and reflects an ongoing
threat to all residents and businesses.
The entire island of Hawaii falls within Earthquake Zone 4,
according to the County Building Code. As such, the
applicant understands and accepts that there will be added
structural requirements to address this seismic hazard
during the building permit process.
D. Fauna Resources
Although there was no professional survey conducted of the faunal
resources of the site, the applicant does not believe that rare or
endangered faunal resources are likely to be found within or
proximate to the subject site. The site is within an urban
environment, with lots of light industrial, commercial, and residential
uses adjacent and/or proximate to the site.
Introduced bird species (such as dove, Japanese White-eye, house
finch, myna) are common in this area. Domestic animals such as
cats and dogs, and other animals like rats and mongoose are also
common. These are all common and not endangered.
As such, it is unlikely that the development of the subject property
would cause any adverse faunal impacts.
E. Flora Resources
No commissioned flora survey was conducted of the site due in
large measure to its location (urban) and its historical residential
use. In terms of vegetation, the site consists of a few lychee trees
7
and an avocado tree. Because of its abandoned state, other plants
normally associated with abandoned properties are evident. These
include young, small African Tulip tree (spathodea campanulata),
gunpowder trees (trema orientalis), ivy gourd (coccinia grandis),
and other shrubberies. As such, it is unlikely that the site would
serve as a habitat for any listed threatened or endangered plant life.
F. Historic/Cultural/Archaeological Resources
For the same reason noted above, no commissioned
archaeological inventory survey and cultural assessment study was
conducted of the subject site. The historical residential use and
associated clearing of this site reduce the prospect of finding any
archaeological remains.
Nonetheless, during the course of developing this project, should
any anticipated archaeological features or sites be uncovered, work
in the affected area will immediately cease and the applicant will
notify the Planning Department.
G. Valued Cultural Resources
In view of the recent 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.
Specifically, there must be a discussion of the cultural, historical,
and natural resources and associated traditional and customary
practices of this site.
In this situation, the subject site is not adjacent and/or proximate to
the shoreline. As such, fishing and/or coastal access is not an
issue.
i
It is not known whether the subject or immediate surrounding area
was ever used for the gathering of plants by native Hawaiians.
However, as the site was formerly used residentially, it would
appear very unlikely that the site would serve such purpose today
and/or in the recent past.
There are also no known archaeological features on the subject
property.
Based on the above, it does not appear that the project would have
any potential adverse impact relating to the cultural and historical
resources of this area.
H. Water and Coastal Resources
The subject site is located over two miles from the coastline. As
such, coastal impacts resulting from discharge of drainage systems
from the site should not be significant. Being a non-coastal
property, no coastal access will be affected.
The applicant intends to hook up to the County's wastewater
system fronting Lanikaula Street. As such, potential groundwater
and coastal resources impacts would be mitigated.
Further as noted earlier, prior to the installation or use of any
drywells on the site to address on-site drainage concerns, the
appropriate UIC permit from the State will be taken. At that time,
impacts to water and coastal resources will be carefully examined.
1. Noise. Air Quality, and Dust Impacts
The existing background ambient noise levels is associated with
the wind, foliage, birds, and the like. This is relatively low,
averaging less than 45 Ldn.
Traffic along Lanikaula Street and Kanoelehua Avenue and
frequent aircraft traffic, however, heavily influence manmade noise
in this area. Lanikaula Street serves as one of a significant
connector road between Kanoelehua Avenue and inner Milo.
As such, although this project will introduce additional vehicular
traffic to this area, it is not anticipated to contribute significantly to
the long-term ambient noise level.
Thus, any traffic increase should result in a noise increase of equal
to or less than 55 Ldn, which is within acceptable levels within an
urban environment. The periodic aircraft overflights generate a
higher level at approximately 60 Ldn.
The short-term noise impacts will be associated with the
construction of the project. These will be temporary. Further, all
applicable State rules governing construction noise abatement will
be observed. The applicant also intends to not allow noise-
generating construction activity to occur on Sundays and early
morning and late evening hours.
The proposed development should not generate any direct air
uali impacts. Curing the short-term, there may be some fugitive
dust associated with the construction of the project. However,
9
compliance with the State Department of Health's regulations
governing dust control should help mitigate this potential impact.
From a long-term perspective, the project itself is not expected to
have uses that generate adverse air pollutants. The only
discernible air quality impact would be associated with vehicular
traffic to and from the site. While the added traffic will have an
impact to the ambient air quality, the impact should not be
significant. This is due in part to the higher EPA standards for
automobile air emissions and the prevailing tradewinds.
All of the required parking area within the project site will be paved
with an all-weather, dust free surface. Landscaping will also be
required as part of the Plan Approval requirement. As such, with
the exception of minimal construction dust in the beginning, long
term dust generated by the project should be insignificant.
i
J. Scenic and Visual Considerations
I
In the Natural Beauty element of the General Plan, there are sites
or areas listed as scenic resources. The subject site is not listed as
a scenic site. However, Mauna Kea and Mauna Loa are listed as
scenic resources.
The proposed development would not have any visual impacts on j
either of those mountains, particularly from Kanoelehua Avenue or
Lanikaula Street. The location of the site is such that there will be
no interruptions to these views. j
Thus, there should be little, if any, visual impacts resulting from this
project.
VL SOCIAL AND RELATED CONSIDERATIONS
A. Surrounding Land Uses
The land uses in the immediate area are a mixture of single-family
residences, commercial, and industrial uses. The commercial
and/or industrial uses range from a bank, commercial complex,
restaurant, welding shop, and computer store. There are
residential uses northeast of the subject site.
i
As such, while the requested use would be consistent with the
design and scale of the immediate area, the proposed use (dental
clinic) could still generate some impact to the residences. To j
mitigate these impacts, design and construction factors such as the j
io
I
placement of buildings, parking areas, lighting, landscaping, and
the like will be taken into account.
B. Economic Impacts
The requested zoning would have some measure of economic
impact, as it would provide short-term employment opportunities for
those in the construction and related industries.
With the completion of the project, there will possibly be a few long-
term employment opportunities. The clinic is anticipated to
generate at least 10 full and part-time employees.
The subject property is located proximate to commercial areas,
including Downtown Hilo, Kaiko'o Mail, Hilo Shopping Center, and
the University. It can thus be competitive with those areas.
A mixed industrial/commercial rezoning would also increase the tax
revenues to the County. However, there could be some real
property tax consequences for the adjacent residential properties.
As the assessed valuation of the subject property rises due to the
higher commercial use, there could be some fallout to neighboring
properties. Nonetheless, for homeowners intent on keeping their
property for residential uses, there are tax provisions that allow
homeowners to "freeze" the valuation of their property for a certain
period of time. Then, too, with the exception of its northern
boundary, the subject site is bounded by commercial uses
C. Agricultural Impacts
The site is and has not been used for intensive agricultural
activities. The site has been used as a residence (although it is
presently abandoned) for over 50 years. The surrounding area is
also--heavily urbanized. Even the State ALISH's mapping system
does not classify this site. Accordingly, the potential commercial
agricultural value of the site - aside from limited domestic purposes
- is minute, if at all.
VII. INERASTRUCTU L CONSIDERATIONS
A. Road
Access to the project would be from Lanikaula Street, which has a
right-of-way of 50 feet, with a pavement width of 20+ feet. The
shoulders range from 4-8 feet. There is a sidewalk section fronting
a commercial/industrial complex about 500 feet west of the site at
1I
the corner of Lanikaula and Laukapu Streets. In that area, the
right-of-way width is 60 feet.
While there will be some measure of traffic impacts, there are
certain conditions that should help mitigate the impacts. For one,
Lanikaula Street is relatively straight in this area, affording good
sight distance. Then, too, the intersection of Lanikaula Street and
Kanoelehua Avenue is not a full-movement intersection. Traffic
from Lanikaula Street to Kanoelehua Avenue is limited to a right-
turn only movement. Furthermore, the applicant, if required by the
County, will construct sidewalks fronting the subject site.
B. Water
The County's water line fronts Lanikaula Street. It is anticipated
that the existing 5/8-inch meter would be sufficient for the proposed
automotive retail store. If an additional or larger meter is needed,
the applicant will install one. The applicant will also install a
backflow preventer, if required.
C. Wastewater
The project's wastewater system will be connected to the County's
system in this area.
D. Solid Waste
Solid waste will be handled by commercial haulers who will dispose
of the refuse at the county landfill in Hilo and eventually at
Pu'uanahulu, North Kona. Typically, the waste generation of a
project of this nature (dental clinic) should be no more than a few
residences. As such, the normal waste disposal requirement would
be more akin to a number of residences. However, the medical-
related waste will be segregated... and disposed off in an approved
manner, consistent with State Department of Health disposal
requirements.
Although the applicant does not believe one is needed, If required,
a Solid Waste Management Plan can be prepared to help address
ways to accommodate and reduce the project's waste.
E. Other Government Services
As this area is already part of the City of Hilo urban area, it is
already being serviced. No extension of government services
12
would be required, and existing facilities should be sufficient to
accommodate the limited demand expected from this project
At least three (3) County Fire Stations and Emergency Medical
Services are located within a 5-minute response area.
As this project is a commercial one, it should have little or no direct
impacts to schools, parks, and other related facilities.
Nonetheless, there are parks and schools within a 2-mile radius of
the subject site.
The Hilo Hospital is located, approximately 3 miles from the site.
This hospital is one of five licensed hospitals on the island.
F. Other Utilities
All other utilities such as telephone and electrical services, are
available to the site.
VIII. IMPACT SIGNIFICANCE ANALYSIS
A. Relationship Between Local Short-Terra Uses of Environment
and Maintenance and Enhancement of Long-Term Productivity
The short-term use of the site would probably be continued vacant
use.
Further, this project should not result in any significantly adverse
short or long-term impacts that cannot be properly mitigated. There
will be direct and indirect economic benefits - albeit not large -
resulting from the construction and implementation of this project.
Relatedly, the project will generate increased tax revenues that can
supplement the State and County's fiscal resources.
Because of its location, this project will provide a service that can
be rrmade reasonably accessible to the region and immediate
neighborhoods. The required infrastructure - if needed - will be
implemented by the applicant to mitigate potential impacts of this
project.
B. Irreversible and Irretrievable Commitment of Resources
The subject site is already disturbed. As such, the commitment of
natural or other resources (such as archaeological) would not
appear to be an issue. The likelihood of finding archaeological
features on the site is remote, due to the past development of the
site. Further, any unanticipated finds will be properly mitigated
upon consultation with appropriate government agencies.
13
C. lt¥liticative pleasures
The applicant intends to provide any required off and on-site
infrastructure in conjunction with the development of this project.
These may include drainage, wastewater, and water improvements.
The applicant will provide the driveway accesses from Lanikaula
Street, meeting with the approval of the County Department of
Public Works. Likewise, the applicant, if required, is prepared to
make on-site drainage improvements to accommodate the planned
parking area as well as hooking., into the County's wastewater
system. All of these will be done in conjunction with the permitting
and permit implementation phases of this project.
Although the potential for unearthing archaeological features on the
site is remote, the Planning Department will be notified if any
inadvertent discoveries are made during any phase of this project.
Work will resume only upon receipt of proper clearances from said
agency.
If required, additional landscaping will also be incorporated within
the project site, as well as along the boundaries adjacent to the
neighboring residence to the north. The landscaping would be
consistent with the Planning Department's landscaping rules.
As the site is vacant, there is no relocation issue.
D. Alternatives to the Proposed Project
1. No Project
Under the status quo alternative, the site would remain
vacant or perhaps a new residence may be constructed on
it. Under this scenario, the site would not be utilized to its
highest and best use, given the surrounding commercial and
industrial uses surrounding this site and in this general area.
i
2. Development Based on Existing RS-10 Zoning
Under this alternative, the land could be further subdivided,
as it would meet the minimum area requirement for 2 lots
(20,000 square feet). It would then be possible to construct
an additional dwelling with an "ohana" permit on each of the
lot, resulting in a total density of four (4) homes.
However, the site's proximity to commercial and industrial
uses and the heavily traveled Lanikaula Street would make it
less desirable for more intensive residential uses.
14
i
Accordingly, it may be unlikely that the site would be
developed more intensively for residential uses.
3. Alternative Residential Densities
The site could be developed into a higher residential density,
such as multiple-family. However, that would not be fulfilling
the long-range Industrial objective of the General Plan
LUPAG map.
Notwithstanding the General Plan, as noted above, having
residential uses adjacent to a major street, particularly from
a noise and dust perspective, may not be a desirable use.
4. Evaluation of Alternatives
Leaving the property in its current state would not maximize
the use of the land. There would also be diminished tax
revenues and less services to the public.
While alternative residential densities are possible, the
proximity of industrial and commercial uses and a major
arterial (Lanikaula Street) would not make such a project
feasible.
At the same time, the project's impact to the area's social
and physical infrastructure would not appear to be
pronounced, particularly in light of the low impact
commerciallindustrial use being contemplated. Further,
additional mitigative measures such as landscaping, lighting,
and so forth will be taken to address any possible impact
associated with the proposed use.
In that regard, the project in totality would be consistent with
the land use objectives sought to be accomplished by the
County General Plan LUPAG map.
In view of the aforementioned, it would appear that none of
the alternatives would be more prudent and beneficial than
the requested MCX 2® zoning alternative.
15
f
IX. REGULATORY ANAL=YSIS
A. General Plan LUPAG MaR
The General Plan provides for the long-range comprehensive
development of the island of Hawaii. It provides direction for
balanced growth in the County.
The LUPAG map designates the site Industrial, a designation that
allows the requested MCX-20 zoning. Accordingly, this request
would not be inconsistent with the LUPAG map.
General Plan Policies
The requested zoning would be consistent with the goals, policies,
and standards of the Economic and Land Use Elements of the
General Plan. Specifically, the more pertinent ones follow:
1. Economic Element
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.
i
• The County of Hawaii shall strive for diversity and
stability in its economic system. i
• The County shall provide an economic environment
which allows new, expanded, or improved economic
opportunities that are compatible with the County's
natural and social environment.
Policies
• The County shall provide an economic environment
which allows new, expanded, or improved economic
opportunities that are compatible with the Country's
natural and social environment.
i
16
li
l
i
• The County shall strive for an economic climate which
provides its residents an opportunity for choice of
occupation.
• The County shall strive for diversification of its economy
by strengthening existing industries and attracting new
endeavors.
• The County shall encourage the development of a visitor
industry which is consistent with the social, physical, and
economic goals of the residents of the County.
Discussion
The request would provide an opportunity to have a new
dental clinic in an area that is already serviced by a good
transportation system. Relatedly, all required infrastructure
is there or, if not and/or needed, will be provided by the
applicant without taxing government's servicing ability.
Further, the area is located proximate to industrial, business
and residential areas, making the site accessible to many
who may require dental services.
At the same time, because of the type of uses and their
small-scaled nature, the requested project should be
consistent with the land use pattern in this area, while
making it convenient for the region and surrounding
neighborhoods.
2. Land Use Element (Commercial)
Goals
• Provide for commercial developments that maximize
convenience to its users.
• Provide commercial developments that complement the
overall pattern of transportation and land usage within the
island's regions, communities, and neighborhoods.
Policies
• Commercial facilities shall be developed in areas
adequately served by necessary services, such as water,
utilities, sewers, and transportation systems. Should
17
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.
• The development of commercial facilities should be
designed to fit into the locale with minimum intrusion
while providing the desired services. Appropriate
infrastructure and design controls shall be incorporated
into the review of such developments.
Standards
• Commercial developments shall be located in areas
adequately served by transportation, utilities, and
amenities. Commercial developments shall provide for
adequate internal circulation amongst commercial
facilities in the area.
• Off-street parking and loading facilities shall be provided.
• Commercial development shall maintain or improve the
quality of the present environment through the
consideration of visual, access, landscaping, and other
design elements in their development.
• Preference shall be given to commercial lands with a
reasonably level topography.
Discussion
As the City of Hilo and its surrounding area continue to grow,
there will be a need for more commercial and industrial
areas. This area is somewhat suitable for such an
expansion. Because it is in an area of transition, appropriate
mitigative measures such as landscaping and design can be
taken. As such, from a visual and infrastructure perspective,
the proposed project would not overwhelm the surrounding
area.
The subject site also fulfills other policies and standards
articulated in the General Plan. The site is already serviced
by adequate infrastructure, and where there are not, will be
18
extended and/or provided by the applicant. The County
water and sewer lines are already available to the subject
site.
Police and fire protective services are available within a 5-
minute response time. As such, this project should not
require addition public services to be provided.
The site does not have any on-site developmental
constraints. The land is relatively level and is designated "X"
on the FIRM map.
Further, because the proposed dental (medical) clinic use is
not inherently noxious, potential pollution concerns would be
minimal, if at all.
Because of the historical residential and associated use of
this site, it is very unlikely that it now serves as a habitat for
rare or endangered plant or animal life. There is also little
evidence that the site would have any archaeological
feature.
Because of the proposed scale and type of use, the request
would be somewhat compatible with the surrounding
residential area as well as the growing mix of
industrial/commercial uses. To further mitigate potential
visual and noise impact, additional landscaping can be
provided adjacent to any surrounding residential properties.
Finally, the standards for a commercial retail building will be
fulfilled. These include the acreage, setbacks, uses,
parking, etc.
C. Milo Community Development Plan
As noted earlier, the Hilo CDP was adopted in 1975 by the
Planning Commission to serve as a guide to the General Plan.
Although the site is designated RS-10, many changes have
occurred over the past 25 years, making many of the planning
assumptions obsolete.
A Zoning
If the request is approved, all of the requirements relative to height,
setback, landscaping, and parking, and the like would be complied
with. No variances from the Code are anticipated.
19
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
DATE: July 6, 2004
TO: Christopher J. Yuen, Planning Director
FROM: ~ Department of Public Works
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 04-015)
Applicant: Island Ohana Dental
Request: RS-10 to MCX-20
TMK.: 2-2-37: 031
We have reviewed the subject application forwarded by your memo dated June 8, 2004
and offer the following comments for your consideration.
All development-generated runoff shall be disposed of on site and shall 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 DPW.
The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map
(FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area
determined to be outside the 500-year floodplain.
All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion
and Sedimentation Control, of the Hawaii County Code.
Within the vicinity, Lanikaula Street's right-of-way is 50 feet wide. The applicant shall
provide full improvements to the entire frontage along Lanikaula Street consisting of, but
not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage
improvements, and any required utility relocation, meeting with the approval of the DPW.
The improvements shall be located along the future road widening setback as established
by the Planning Department and should be dedicated to the County of Hawaii.
P:
Streetlights and traffic control devices shall be installed as required by the Traffic Division,
Department of Public Works. The applicant shall be responsible for the design, purchase,
and installation of such devices.
Questions may be referred to Kelly Gomes of our Engineering Division at ext. 8327.
KG EXHIBIT
County of Hawaii is an Equal Opportunity Provider and Employer
40J~tV'UF ~A~q
Harry Kier Barbara Bell
Mayor Director
1pg•OP•~P,~N
n m R Ll
Counk of afij ii
IDE1?A1ZT14'11 OF ENVIRONMENTAL MANAGEMENT
25 Aupuni Street, Room 210 • Hilo, Hawaii 96720-4252
(808) 961-8083 • Fax (808) 961-8086
MEMORANDUM
Date June 10, 2004
To CHRISTOPHER YUEN, Planning Director
From BARBARA BELL, Director /
SUBJECT: Change of Zone Application (REZ 04-014)
Applicant: Island Ohana Dental
Request: RS-10 to MC%-20
TMK: 2-2-37:31
We have reviewed the subject application and offer the following recommendations:
DEPARTMENT COMMENTS:
WASTEWATER DIVISION:"
( No comments
( ) Require connection of existing and/or proposed structures to the public sewer in
accordance with Section 21-5 of the Hawaii County Code.
( ) Require extension of the sewer system to service the proposed subdivision in accordance
with Section 23-85 of the Hawaii County Code.
( ) Other:
SOLID WASTE DIVISION:
( ) No comments
Commercial operations may not use transfer stations for disposal.
Aggregates and any other construction/demolition waste should be reused to its fullest
extent.
( X) Ample room should be provided for recycling.
( Greenwaste may be disposed of at the drop sites located at the Kailua and Hilo
transfer stations.
( r~) Other: y ~a; ? ,t i e S i C a 1. lO 1~. t5 ['Ai 1'Lf1G i) lwr
Mi p i i "l, lam- 41L-Cy cc: S WD, W WD 5823
Hawaii County is an equa ,ptt n' nd employer.
G
-J OF N
60 • ~.'F :4s
Harry Kim Lawrence K. Mahun~
bfovor ;o ct Police Chief
Harry S. Kubo'ar
ST4TE OF Hg`~P • 1
n Deputy Police Chief
~ounty of Hawaii
~ ibLICE DEPARTMENT
349 4olani Street • Hilo, Hawaii 96720-3998
(808) 935-3311 Fax(808)961-8869
June 25, 2004
TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR
IfRA
Vb
FROM ELROY V. L. OSORIO, JR., ACTING ASSISTANT CHIEF
ACTING POLICE CHIEF
SUBJECT: CHANGE OF ZONE (REZ 04-015)
APPLICANT: ISLAND OHANA DENTAL
REQUEST: RS-10 to MCX-20
TAX MAP KEY: 2-2-37:31
Staff completed a review of the Change of Zone Application for the applicant,
Island Ohana Dental. There is no denying that traffic will be impacted given the
location. As a means of mitigating this impact, we suggest that vehicles not be
allowed to execute a left turn into or out of the applicant's property. In doing this,
traffic on Lanikaula Street will not back up, especially during peak hours. We
also suggest that the applicant be required by the County to put in a sidewalk
fronting the property. Otherwise, we have no objections to the application for
change of zone.
Thank you for the opportunity to comment on this application.
JNS:Ili
"Hawai'i County is an Equal Opportunity Provider and Employer" EXHIBIT
-D
DEPARTMENT OF LAND AND NATURAL RESOURCES
ENGINEERING DIVISION
LA/NAV
Ref.: REZ 04-015
COMMENTS
(X) We confirin that the project site, according to the Flood Insurance Rate Map (FIRM), is
located in Flood Zone X.
O Please take note that the project site, according to the Flood Insurance Rate Map (FIRM), is
located in Zone _
Please note that the correct Flood Zone Designation for the project site according to the Flood
Insurance Rate Map (FIRM) is
Please note that the project must comply with the rules and regulations of the National Flood
Insurance Program (NFIP) presented in Title 44 of the Code of Federal Regulations (44CFR),
whenever development within a Special Flood Hazard Area is undertaken. If there are any
questions, please contact the State NFIP Coordinator, Ms. Carol Tyau-Beam, of the Department of
Land and Natural Resources, Engineering Division at (808) 587-0267.
Please be advised that 44CFR indicates the minimum standards set forth by the NFIP. Your
Community's local flood ordinance may prove to be more restrictive and thus take precedence
over the minimum NFIP standards. If there are questions regarding the local flood ordinances,
please contact the applicable County NFIP Coordinators below:
Mr. Robert Sumimoto at (808) 523-4254 or Mr. Mario Siu Li at (808) 523-4247 of the
City and County of Honolulu, Department of Planning and Permitting.
Mr. Kelly Gomes at (808) 961-8327 (Hilo) or Mr. Kiran Emler at (808) 327-3530 (Kona)
of the County of Hawaii, Department of Public Works.
Mr. Francis Cerizo at (808) 270-7771 of the County of Maui, Department of Planning.
Mr. Mario Antonio at (808) 241-6620 of the County of Kauai, Department of Public
Works.
The applicant should include project water demands and infrastructure required to meet water
demands. Please note that the implementation of any State-sponsored projects requiring water
service from the Honolulu Board of Water Supply system must first obtain water allocation credits
from the Engineering Division before it can receive a building permit and/or water meter.
The applicant should provide the water demands and calculations to the Engineering Division so
it can be included in the State Water Projects Plan Update.
O Additional Comments:
(X) Other: Please correct information on Page 6, Natural Hazard 1. Drainage, of the County
Environmental Report. The Federal Emergency Management Agency's Flood Insurance
Rate Map (FIRM), designates all of the project site to be located in Zone "X", areas outside
the 500-year flood plain.
Should you have any questions, please call Mr. Andrew Monden of the Planning Branch
at 587-0229.
Signed: *
.ERIC T. HIRANO, CHIEF ENGINEER
Date: 0117Jo4-
EXCHIBIT
fff-
E„ OF Nq PETER T. YOUNG
r~ ,9 a y ~l q CHAIRPERSON
LINDA LINGLE BOARD OF LAND AND NATURAL RESOURCES
GOVERNOR OF HAWAII 1 COMMISSION ON WATER RESOURCE MANAGEMENT
{ ! DAN DAVIDSON
DEPUTY DIRECTOR - LAND
ERNEST Y.W. LAU
\,,~(td and V. .r QQQ @q.®,NS,~~~w r• I DEPUTY DIRECTOR - WATER
O PM r 11 ANITIC RESOURCES
Gq t BOATING AND OCEAN RECREATION
BUREAU OF CONVEYANCES
ti STATE OF HAWAII CI I' I"I COMMISSION ON VVI~i R RESOURCE MANAGEMENT
coNsER"TION AND COASTAL LANDS
DEPARTMENT OF LAND AND NATURAL RESOURCES CONSERVATION AD RESOURCES ENFORCEMENT
2 / 4 FORESTRY A ENGINEERING
NDWILDLIFE
s2tea HISTORIC PRESERVATION DIVISION HISTORICPRESERVATION
KAKUHIHEWA BUILDING, ROOM 555 KAHOOLAWE ISLAND RESERVE COMMISSION
601 KAMOKILA BOULEVARD STATE PARKS
KAPOLEI, HAWAII 96707
June 25, 2004
HAWAII HISTORIC PRESERVATION Log: 2004.1806
DIVISION REVIEW Doc: 0406MM22
Applicant/Agency: Mr. Sidney Fuke, for Island Ohana Dental
Address: 100 Pauahi Street, Hilo, Hawaii 96720
Project: 6E-42 Historic Preservation Review, Request for Determination of
"No Historic Properties Affected"
Location: Waiakea Houselots, South Hilo, Hawaii Island
Tax Map Key : (3) 2-2-037:031
1. We believe there are no historic properties present:
a. intensive cultivation has altered the land
-x-b. residential development/urbanization has altered the land
c. previous grubbing/grading has altered the land
d. an acceptable archaeological assessment or inventory survey found no
historic properties
e. other
2. This project has already gone through the historic preservation review process,
a. mitigation has been completed
b. Other-.
,x_ Thus, we believe that "no historic properties will be affected" by this
undertaking.
Signed Date 6 Z-/
MaryAnne B. Maigret, Assistant Archaeologist
Historic Preservation Division, Hawai' i Island
XHIBIT
:.~4y,
.fit", 1959 a t9
LINDA LINGLE CHIYOME L. FUKINO, M.D.
GOVERNOR DIRECTOR OF HEALTH
S A OF HAWAII
DEPARTMENT OF HEALTH
P:.OT BOX 916
H LO;; HA1hA11 96721-0916
MEMORANDUM
DATE: June 22, 2004
TO: Christopher J. Yuen
Planning Director, County of Hawaii
FROM: Aaron A. Ueno
District Environmental Health Program Chief
SUBJECT: Change of Zone Application (REZ 04-015)
Applicant: Island Ohana Dental
Request: RS-10 to MCX-20
Tax Map Key: 2-2-37:31
The subject project is located within or near proximity to the County sewer system. All
wastewater generated shall be disposed into the County sewer system.
Underground Injection Systems (Ph. 586-4258) which receive wastewater or storm run-offs from
the proposed development need to address the requirements of Chapter 23, Hawaii State
Department of Health Administrative Rules, Title 11, "Underground Injection Control."
Construction activities must comply with the provisions of Hawaii Administrative Rules,
Chapter 11-46, "Community Noise Control."
a. The contractor must obtain a noise permit if the noise levels from the construction
activities are expected to exceed the allowable levels of the rules.
b. Construction equipment and on-site vehicles requiring an exhaust of gas or air
must be equipped with mufflers.
C. The contractor must comply with the requirements pertaining to construction
activities as specified in the rules and the conditions issued with the permit.
Should there be any questions on this matter, please contact the Department of Health at
933-0917.
WORD:REZ04-015.my
a;~
EXHIBIT
LINDA L.INGLE RODNEY K. HARAGA
GOVERNOR :J~say . DIRECTOR
Deputy Directors
~k 4 'O BRUCE Y. MATSUI
j LINDEN H. JOESTING
qg•. :p:c~ BRIAN H. SEKIGUCHI
i' J
} t I i. ! . F STATE OF HAWAII IN REPLY REFER TO:
DEPARTMENT OF TRANSPORTATION
1869 PUNCHBOWL STREET STP 8.1220
HONOLULU, HAWAII 96813-5097
June 25, 2004
Mr. Christopher J. Yuen
Director
Planning Department
County of Hawaii
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720-3043
Dear Mr. Yuen:
Subject: Island Ohana Dental
Change of Zone Application (REZ 04-015)
TMK: 2-2-37: 31
The proposed two-story dental clinic will not have a significant impact on our State
transportation facilities.
We appreciate the opportunity to provide comments.
Very truly yours,
OGA
Director of Transportation
EXHIBIT 05SA°-110
SidneyFt.lkl, Planning Gonsuitant
100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 ~/i • Planning • Variance • Zoning
Telephone: (808) 969-1522 • Fax: (808) 969-7996 { ' } ~~r` • Subdivision • Land Use Permits
f • Environmental Reports
June 25, 2004 ((T
Mr. Christopher Yuen, Director
Planning Department
COUNTY OF HAWAI' I
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Yuen:
Subject: Rezoning Request ( Z 04-014) - Island Ohana Dental
VVaiakea House Lots, Hilo, Hawai"i, TTVIK: 2®2-37: 31
Thank you for providing me with agency comments to date regarding the subject
matter. We note that the Fire Department had no comments or objections to the request.
However, please be informed that its requirements relative to fire access, sprinklers, and
related fire protective measures will be done during the building permit review process.
It should be noted that the Fire Department is one of the agencies that must review and
approve a building permit.
The Department of Health suggested that the project be connected to the County's
wastewater system, which the applicant intends to do. A UIC permit, if required, will be
secured by prior to the construction of any drywell on the property.
Relative to the Department of Environmental Management's (DEM) comments,
as required of projects of this nature, a Solid Waste Management Plan will be prepared
for the review and approval of the DEM prior to or in conjunction with the building
permit process.
Please note that as the comments and responses did not appear to require further
dialogue with the respective agencies, a copy of this letter was not provided to those
agencies. Should there be further questions/comments on this matter, however, please
feel free to contact me. Thank you very much.
SMcerely,
t ~ rr,
t
SIDNVY M. FUME
Planning Consultant
Copy - Island ®hana Dental w/ enclosures
EXHIBIT
SldneyFuke, Planning Consultant
100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance - Zoning
Telephone. (808) 969-1522 • Fax: (808) 969-7996 - Subdivision • Land Use Permits
July 8, 2004 • Environmental Reports
Mr. Christopher Yuen, Director ~J (J
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Yuen:
Subject: Rezoning Request (REZ 04-015) ~ Island Ohana Dental
Waiakea House Lots, Hilo, Hawaii, TMK: 2-2-37: 31
Thank you for providing me with additional agency comments to date regarding
the subject matter. We note that the Department of Land and Natural Resources, Land
Division had no substantive comments or objections to the request.
Relative to the Police Department's comments, the applicant is prepared to install
a curb, gutter, and sidewalk section along the property's frontage. However, the
applicant maintains that left turn movements in and out of the subject site can be safely
accommodated without excessive disruption to the traffic for a number of reasons. For
one, the sight distance in and out of the property is good. In this area, Lanikaula Street is
straight and fairly level. Furthermore, with the proposed curb, gutter, and sidewalk
improvement, visibility will also be enhanced.
It should also be noted that users of this clinic will be by appointments and spaced
out over an 8-10 hour period. The traffic will thus not create an excessive demand during
peak hours. Unlike Kekuanaoa or Kawili Streets, Lanikaula Street is less traveled, due in
part to the absence of left turn movements at its intersection with Kanoelehua Avenue.
Then, too, prohibiting left-turn movements will result in the use of other streets within the
Houselot area, and that could add some stress to the interior streets.
Should there be further questions/comments on this matter, however, please feel
free to contact me. Thank you very much.
rely,
QN . FUKE
Planning Consultant
Copy - Police Department
Island Ohana Dental w/ enclosures
RIODentalREZ.doc-7/6/04
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
ISLAND OHANA DENTAL,
CHANGE OF ZONE APPLICATION (REZ 04-015)
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 Director reserves the right to modify and/or alter this
recommendation 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 Single-Family Residential
10,000 square feet (RS-10) to Industrial-Commercial Mixed (MCX-20) to construct an
approximately 6,000 square-foot two-story building to be used as a dental clinic. The
first floor will consist of approximately 3,500 square feet to be used for patient care, and
the second floor, consisting of approximately 2,500 square feet, will be used for support
services. Proposed are 32 parking stalls, including a handicapped accessible stall.
Preliminary plans indicate a setback of approximately 60 feet from Lanikaula Street, a
38-foot setback along the eastern property boundary, and 23-foot setback along the
western boundary of the site. The height of the two story structure will not exceed 25
feet. Also proposed is a 3-4 foot wide planting screen along the eastern and western
boundaries. Construction is proposed to commence within the next 12 months. The
estimated cost of the project is $500,000.00.
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.
The Change of Zone request from a Single-Fancily Residential 10,000 square
feet (RS-10) to the Industrial-Commercial Mixed (MCX-20) zoned district will
conform to the goals, policies and standards of the General Plan Economic and
Land Use Elements. 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 with the goals, policies and standards of the General Plan in
that the proposed development will be developed in an area adequately served by
necessary services such as water, utilities, sewers and transportation systems. The
applicant is requesting an Industrial-Commercial mixed zoning. The proposed project
conforms to the Land Use - Industrial sub-element which states that "Industrial
development shall be located in areas adequately served by transportation, utilities and
other amenities."
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 project area is designated Industrial
on the LUPAG Map. This industrial designation includes uses such as manufacturing
and processing, wholesaling, large storage and transportation facilities and light industrial
uses. The MCX zoning would be consistent with the Industrial designation on the
LUPAG Map for this area of Hilo. The applicant proposes to establish a dental clinic and
support services, which would be suitable in this area.
-2-
The State Land Use designation for the subject property is Urban. The property is
designated Urban by the Land Study Bureau's Productivity Rating. The Hilo Community
Development Plan (CDP), adopted in 1975, suggests the retention of residential uses in
this area. However, this area is transitioning to commercial and light industrial uses. The
advantage of this area is its location in close proximity to water, air transportation
terminals, harbor facilities and the residential population of Hilo. The proposed change
of zone would complement the existing industrial and commercial land uses that already
exist in this area and will provide for an orderly development of the area.
The MCX zoning designation was created when the Zoning Code was amended in
1996. In accordance with Section 25-5-130, Hawaii County Zoning Code, this district
would allow a mix of light industrial and commercial uses. The intent is to provide for
areas of diversified businesses and employment opportunities by permitting a broad range
of uses, without exposing non-industrial uses to unsafe and unhealthy environments.
The property is a relatively level, approximately 22,300-square foot vacant
rectangular parcel located on the north side of Lanikaula Street, approximately 100 feet
west of the intersection at Kanoelehua Avenue and Lanikaula Street. The site was
formerly used as a residence, and there is an abandoned dwelling on the site that will be
demolished.
The land uses in the immediate area are a mix of commercial and industrial uses.
Hilo International Airport is zoned ML-20 and located northeast of the property. The
property to the north is zoned MCX-20, where there is an existing dwelling. This parcel
(TMK: 2-2-37: 29) was rezoned from RS-10 to MCX-20 by Ordinance No. 98 98
effective September 16, 1998. Lands to the east are zoned ML-20, site of Restaurant
Osaka, Kilohoku Treasures, Family Home Mortgage Company of Hawaii, Green Sands
Internet and Harmony Road Music School. The property to the west is also zoned ML-
20, site of Business Automation. Across Lanikaula Street to the southeast is Leung's
Chop Suey House zoned CN-10, and directly across from the property is a parcel zoned
ML-10. Lands to the west in the general vicinity are zoned RS-10.
All utilities and services are available to the site. Access to the project site is
proposed from Lanikaula Street, a County roadway with an approximately 50-foot right-
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of-way, and pavement width of 20 feet. There is a section of sidewalk fronting a
commercial/industrial complex approximately 500 feet west of the property at the corner
of Lanikaula and Laukapu Streets. As part of the rezoning approval, this property was
required to set aside a 5-foot road widening strip along Lanikaula Street. The applicant
has stated that if required, sidewalks will be constructed in front of the site. According to
the applicant, the proposed project will have some traffic impacts. The intersection at
Lanikaula Street and Kanoelehua Avenue is not a full-movement intersection and traffic
from Lanikaula Street to Kanoelehua Avenue is limited to a right-turn only movement.
The Department of Public Works has stated that "within the vicinity, Lanikaula Street's
right-of-way is 50 feet wide. The applicant shall provide full improvements to the entire
frontage along Lanikaula Street consisting of, but not limited to pavement widening with
concrete curb, gutter and sidewalk, drainage improvements, and any required utility
relocation, meeting with the approval of the Department of Public Works." Kanoelehua
Avenue is a six-lane State highway with a divided median in the project area.
As the County waterline fronts Lanikaula Street, it is anticipated that a 5/8-inch
meter would be sufficient for the proposed use. The applicant will install an additional or
larger meter and a backflow preventer, if required. The project will connect to the
County's sewer line. Solid waste will be handled by commercial haulers. If required, a
Solid Waste Management Plan will be prepared. Electricity and telephone services are
available to the site.
The property has no severe geological or topographical problems which cannot be
rectified or which would render the land unusable. The project site is located within
Zone 'W", area determined to be outside the 500-year floodplain. All development
generated storm run-off shall be disposed of on-site and not allowed onto adjacent
properties or roadways.
By letter dated May 17, 2004, the applicant has requested a "no effect" letter from
the DLNR-HPD. No professional surveys were conducted of the site. By letter dated
June 25, 2004, the State Department of Land and Natural Resources Historic Preservation
Division has indicated that "residential development/urbanization has altered the land;
thus, we believe that no historic properties will be affected by this undertaking." The
-4-
applicant has stated that should any archaeological features or sites be discovered during
the development of this project, work will immediately cease and the applicant will notify
the Planning Department.
No professional flora or fauna surveys were conducted of the site. The applicant
does not believe that rare or endangered floral or faunal resources are on the site. The
property is located in an urban setting close to existing industrial and commercial uses
and was previously cleared and used as a dwelling site. Introduced bird species include
the dove, Japanese White-Eye, house finch and mynah. Domestic animals such as cats
and dogs and other animals such as rats and mongoose are present on the site. Vegetation
on the site includes lychee trees and an avocado tree. Due to its abandoned state, other
plants normally associated with abandoned properties are present, including the African
tulip and gunpowder trees, ivy gourd and other shrubs.
The subject request is not contrary to Chapter 205A, Hawaii Revised
Statues, relating to Coastal Zone Management. The property is not located in the
Special Management Area. The project site is located more than two miles from the
shoreline and will not be impacted by coastal hazard and beach erosion. There is no
record of a designated public access to the shoreline or mountain areas that traverses the
property. According to the applicant, 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 cultural or historical resources in the area.
Therefore, no action is necessary to protect these 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: No formal archaeological reconnaissance
survey, oral history of kamaaina accounts of the area, historical survey of documentary
records, botanical and/or fauna study was submitted.
-5-
The valuable cultural, historical, and natural resources found in the rezoning area:
As the site was formerly used as a dwelling site, an archaeological inventory survey of
the site was not conducted. The applicant has stated that work will cease and the
Planning Department will be notified if any unanticipated archaeological features or sites
are discovered during the course of improving the site. By letter dated June 25, 2004, the
State Department of Land and Natural Resources Historic Preservation Division has
indicated that "residential development/urbanization has altered the land; thus, we believe
that no historic properties will be affected by this undertaking."
Possible- adverse effect or iWaiirment of valued resources: Native plants-could be
destroyed by construction and ground alteration. The property does not abut the
shoreline, therefore Hawaiian gathering and fishing rights is not an issue.
Feasible actions to protect native Hawaiian rights: Conditions of approval will be
included to require the applicant to notify the Department of Land and Natural Resources
- Historic Preservation Division (DLNR-BPD) should any unidentified sites or remains
be encountered, and proceed only upon an archaeological clearance from the DLNR-
HPD. The applicant has stated that there is no evidence of any traditional and customary
Native Hawaiians rights being practiced on the site, nor existence of any known valued
cultural, historical or native resources in the area. Thus, it is believed that the project
would have no adverse impact relative to the cultural and historical resources of the area.
To the extent to which traditional and customary Native Hawaiian rights are exercised,
the proposed action will not affect traditional Hawaiian rights and no action is necessary
to protect these rights.
Based on the above findings, approval of this change of zone request from
Single-Family Residential (RS-10) to an Industrial-Commercial Mixed (MCX-10)
district 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),
Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable
consideration. Please note the proposed conditions of approval attached to the draft bill.
-6-
00DentaMEZ.doc-7/6/04
ISLAND OIIANA DENTAL
CHANGE OF ZONE APPLICATION (REZ 04-015)
CONDITIONS OF APPROVAL
A. The applicant, its successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
E. Prior to the issuance of a water commitment by the Department of Water Supply,
the applicant shall submit the anticipated maximum daily water usage calculations
as recommended-by a registered engineer, and a water commitment deposit in ,
accordance with the "Water Commitment Guidelines Policy" to the Department of
Water Supply within ninety (90) days form the effective date of this ordinance.
C. Construction of the proposed development shall be completed within five (5)
years from the effective date of this ordinance. Prior to construction, the
applicant, successors or assigns shall secure Final Plan Approval for the proposed
development from the Planning Director in accordance with Chapter 25-2-70,
Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing
and/or proposed structures, paved driveway access and parking stalls associated
with the proposed development. Landscaping shall also be indicated on the plans
to mitigate any adverse noise or visual impacts to adjacent properties in
accordance with the requirements of Planning Department's Rule No. 17
(Landscaping Requirements).
D. Access to the subject property from Lanikaula Street shall meet with the approval
of the Department of Public Works.
E. All driveway connections to Lanikaula Street shall conform to Chapter 22, Streets
and Sidewalks, of the Hawaii County Code.
F. Provide full improvements to the entire frontage of Lanikaula Street consisting of,
but not limited to, pavement widening with concrete curb, gutter and sidewalk,
drainage improvements and any required utility relocation, meeting with the
approval of the Department of Public Works. The improvements shall be located
within a five-foot road widening strip along the Lanikaula Street frontage and be
dedicated to the County of Hawaii prior to issuance of a Certificate of Occupancy.
G. Streetlights and traffic control devices shall be installed as required by the Traffic
Division, Department of Public Works.
H. A drainage study of the subject property shall be prepared and submitted to the
Department of Public Works for review and approval, prior to submittal of plans
for Plan Approval review. Drainage improvements, if required, shall be
constructed, meeting with the approval of the Department of Public Works prior
to the issuance of a Certificate of Occupancy.
1. All development generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties. A drainage study shall be prepared and
submitted to the Department of Public Works prior to the issuance of Final Plan
Approval. Any drainage improvements shall be constructed, meeting with the
approval of the Department of Public Works prior to the issuance of a Certificate
of Occupancy.
J. A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management for review and approval prior to the issuance of a
Certificate of Occupancy.
K. Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shell concentrations or human burials be encountered, work in the
immediate area shall cease and the Department of Land and Natural Resources -
State Historic Preservation Division (DLNR-HPD) shall be immediately notified.
Subsequent work shall proceed upon an archaeological clearance from DLNR-
HPD when it finds that sufficient mitigation measures have been taken.
L. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
M. The applicant shall comply with all applicable laws, rules, regulations and
requirements of the affected agencies for the proposed development.
-2-
N. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of enactment of the ordinance. The report shall include, but not
be limited to, the status of the development and the extent tot which the
conditions of approval have been satisfied. This condition shall remain in effect
until all of the conditions of approval have been complied with and the Planning
Director acknowledges that further reports are not required.
0. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors or assigns,
and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed within
one year may be extended for up to one additional year).
P. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the area to its original or
more appropriate designation.
-3-
COL NIT OF A I . S'_"ATE OF A A.: `
BILL NO.
(PLANNING DEPARTMENT)
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL
(RS-10) TO INDUSTRIAL-COMMERCIAL MIXED (MCX-20) AT WAIAKEA, SOUTH
HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-37:31.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii
County Code, is amended to change the district classification of property described hereinafter as
follows:
The district classification of the following area situated at Waiakea, South Hilo,
Hawaii, shall be Industrial-Commercial Mixed (MCX-20):
Beginning at a pipe at the southwest corner of this parcel of land, being also the
southeast corner of Lot A, portion of Grant 13,636 to Maile Stone Yapp and on the
northerly side of Lanikaula Street, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "Halai" being 3,443.00 feet south and
10,852.00 feet east and running by.azimuths measured clockwise from true south:
1. 180° 00' 200.00 feet along Lot A, portion of Grant 13,636 to
Maile Stone Yapp to a pipe found;
2. 270° 00' 111.50 feet along Lot 12, Grant 12,279 to Takeo
Tamura to a spike found;
3. 0° 00' 200.00 feet along Lot 16-A-1, portion of Grant
11,463 to Charles C. Cross to a pipe on the
northerly side of Lanikaula Street;
4. 90° 00' 111.50 feet along the northerly side of Lanikaula
Street to the point of beginning and
containing an area of 22,300 square feet.
4-
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, Hawaii County Code, 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.
SEE ATTACHED CONDITIONS
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawai `i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
-2-
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Fee!
AMEN CODE
AMENDING SECTION 25-8-33 (CITY OF PALO ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION
FROM SINGLE-FAMILY RESIDENTIAL (RS-10)
TO INDUSTRIAL-COMMERCIAL MIXED (MCX-20)
AT WAIAKEA, SOUTH H I LO, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK: 2-2-037:031 Date: June 8, 2004
EXHIBIT "A" (Island Ohana Dental: 1140)