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HomeMy WebLinkAboutCOM 0494.000 2004-2006 Jx(Y Oi N'w U~ ' ~ ~ ~s ,~a IY..~;~ ~UVBtib EDdrzti€ ICarks+a blu or Managing Dtrectar Y Peter L. Hendricks r err oR~x+~ Deputy Munagueg Dlrectar COUNTY OF HAWAII ]5 Aupuni titree0 Room 31 ~ Hdq Hmeau 96 720-42 52 • (R03) 96I-821 I • Fax (808) 961-6553 KONA 75-5706 Kua6ini I liehwag Sufte 103 • Kailuu-Dona, HawaPl 96740 (R03) 329-?26 • Fax 0808) 926-SG6 October 17, 2005 Honorable Stacy Higa, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Higa and Members: Change of Zone Application (REZ OS-003) _ Applicant: Yoshio Inaba, et al. Request: A-40a to FA-4a Tax Map Key: 6-4-17:40 hange of Zone Application (REZ OS-012) Applicant: .Tim Winniman Request: CN-] 0 to MCX-20 Tax Map Key: 2-2-49:24 Envision Downtown Hilo 2025 As required by Chapter 4, Sec. 6-4.3(0), Hawaii County Charter, transmitted herewith for the County Cowicil's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. Sinc~e~reply~,~ C\J~""^nivp' ~ Harry Kim Mayor Enclosures cc: Planning Department Comm. No. / a~~ (~-7)~ Ref. To: ` Raf, Uate ~~or~ •,4 Z.? County of Hawaii PLANNING COMMISSION Aupuni ('enter • !Ol Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phnne (806) 961-8288 • Fax (808) 961-8742 October 17, 2005 Stacy Higa, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, Hl 96720 Dear Chairman Higa and Council Members: Change of Zone Application (REZ 05-012) Applicant: Jim Winniman Request: CN-10 to MCX-20 Tax Map Key: 2-2-49:24 The Planning Commission, after a duly held public hearing on October 7, 2005, voted to recommend for your approval the proposed legislative bill to change the district classification from a Neighborhood Commercial - 10,000 square foot (CN-] 0) to an Industrial -Commercial Mixed 20,000 square foot (MCX-20) district for approximately 28,264 square feet of land. The property is located along the north side of Kawili Street and currently includes Ryan's Restaurant and Okazuya and Anna's Lounge, Waiakea, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicant is requesting a change of zone from Neighborhood Commercial 10,000 square feet (CN-10) to Industrial-Commercial Mixed 20,000 square feet (MCX- 20) "to utilize the property for more intensive commercial and light industrial uses." The proposed MCX district would allow the cocktail lounge currently on the property (Anna's Lounge) to include live entertainment such as karaoke. The applicant has no plans to construct a new building on the site. Instead, improvements will be limited to landscaping and interior renovations to accommodate future tenants' needs. Improvement costs are undetermined at this time. Should this request be approved, one of the tenants intends to amend its liquor license to allow live entertainment. Hawni'i County is nn Equa[ Opportunity Provider and Employer Stacy Higa, Chairman and Members of the County Council Page 2 The existing CN-10 zoning was appropriate prior to the development of the Kanoelehua Industrial Area. The lack of privately owned industrial properties gradually pushed some light industrial uses north of east Kawili Street, and the general vicinity of the site is now more light industrial and general commercial in nature. The applicant states that given the absence of a residential neighborhood proximate to this area, the property's zoning has become somewhat functionally obsolete. The existing land uses, visibility and accessibility of this site is better suited for more intensive commercial and light industrial uses. However, the existing CN-10 zoning limits the scope of commercial uses and prohibits any light industrial uses. The applicant believes that the MCX-20 zoning would be more compatible with the surrounding land uses. 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 Neighborhood Commercial (CN-10) to the [ndustrial-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. 'i'he 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." Stacy Higa, 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 mix of commercial and light industrial type of use, which would be suitable in this area. The State Land Use designation for the property is Urban. The property is designated Llrban 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 an improved, approximately 28,264-square foot property on the corner of Kawili Street and the unimproved extension of Kalanikoa Street. The property is the site of Anna's Lounge, Ryan's Restaurant, and office uses towards the rear of the site. Land uses in the immediate area are a mix of commercial and industrial uses. Hilo hrternational Airport is zoned ML-20 and located northeast of the property. The property is bordered on the east by an auto supply store, and Kamaaina Motors is located across Kawili Street to the south. The closest residences are located to the rear of the property on East Lanikaula Street. Lands to the west in the general vicinity are zoned RS-10. TMK: 2-2-49: 261ocated northeast of the property was rezoned from RS- ] 0 to MCX-20 by Chdinance No. OS Ol effective January I I, 2005. All utilities and services are available to the site. Access to the project site is proposed from Kawili Street, a County roadway classified as a secondary arterial of 80 feet width. Kawili Street has 8-10 foot shoulders on the south side, and 4-6 foot Stacy Higa, Chairman and Members of the County Council Page 4 shoulders on its north side. There are two existing driveways on the site. The Department of Public Works recommends that each existing driveway be limited to ingress or egress only. No access is proposed from the unimproved section of Kalanikoa Street. Kawili Street has 8-10 foot shoulders on the south side, and 4-6 foot shoulders on its north side. The Department of Public Works also recommends full improvements to the entire frontage along Kawili Street consisting of pavement widening with concrete curb, gutter and sidewalk along with any utility relocation. County water is available to the site. The property is connected 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 geuerated storm run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. As the property is developed, no professional archaeological survey was 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. 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 is fully developed with a cocktail lounge, restaurant and office 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. Stacy Higa, Chairman and Members of the County Council Page 5 The 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. 1n view ofthe 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. The valuable cultural, historical, and natural resources found in the rezoning area: As the property is fully developed, 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. Possible adverse effector 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, Stacy Higa, Chairman and Members of the County Council Page 6 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 Neighborhood Commercial (CN-lQ) to an Industrial-Commercial Mixed (MCX-20) 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. We are enclosing copies of the staff Background and Planning Director's Recommendation for your inforn~ation. Si^n~ce`r~e~]y~~ C~ Fred Galdones, Chairman Planning Commission Lwinmman02PC Enclosures cc: Mr. Jim Winniman Department of Public Works Department of Water Supply Department of Land & Natural Resources-HPD/Kona Rodney Haraga, DirectodDOT-Highways, Honolulu B W imimanRLZ.doc-9/9/05 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT JIM WINNIMAN CHANGE OF ZONE APPLICATION (REZ 05-012) JIM WINNIMAN has submitted an application for a Change of Zone from Neighborhood Commercial 10,000 squaze feet (CN-]0) to Industrial-Commercial Mixed 20,000 square feet (MCX-20) for approximately 2$,264 square feet of land. The property is located along the north side of Kawili Street, currently the site of Ryan's Restaurant and Okazuya and Anna's Lounge, Waiakea, South Hilo, Hawaii, TMK: 2-2-49: 24. REQUEST 1. Proposed Development: The applicant is requesting a change of zone from Neighborhood Commercial 10,000 square feet (CN-] 0) to Industrial-Commercial Mixed 20,000 square feet (MCX-20) "to utilize the property for more intensive commercial and light industrial uses." The proposed MCX district would allow the cocktail lounge currently on the property (Anna's Lounge) to include live entertainment such as kazaoke. The applicant has no plans to construct a new building on the site. Instead, improvements will be limited to landscaping and interior renovations to accommodate future tenants' needs. Improvement costs are undetermined at this time. Should this request be approved, one of the tenants intends to amend its liquor license to allow live entertainment. (Exhibit A -Change of Zone application) 2. Applicant's Reasons for the Request: The existing CN-10 zoning was appropriate prior to the development of the Kanoelehua Industrial Area. The lack of privately owned industrial properties gradually pushed some light industrial uses north of east Kawili Street, and the general vicinity of the site is currently more light industrial and general commercial in nature. Thus, given the absence of a residential neighborhood proximate to this area, the property's zoning has become somewhat functionally obsolete. The existing land uses, visibility and accessibility of this site is better suited for more intensive commercial and light industrial uses. However, the existing CN-10 zoning -I- ATTACH: Cotttn. 494 Bill 163 limits the scope of commercial uses and prohibits any light industrial uses. The applicant believes that the MCX-20 zoning would be more compatible with the surrounding ?and uses. 3. Landowner: James Winniman. STATE AND COUNTY PLANS 4. State Land Use Designation: Urban. 5. General Plan LUPAG Map: Industrial. 6. County Zoning: Neighborhood Commercial 10,000 square feet (CN-]0). (Exhibit B - Hawaii County Zoning Code, Chapter 25, Article 5, Division 10, CN district) 7. Hilo Community Development Plan: The Hilo Community Development Plan adopted by Resolution No. 1 on May 21, 1975, designates this area as RS-10. 8. 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 azeas 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 yazds, none, except where the adjoining building site is in a RS, RD, RM or RCX zoned district. Where the side or reaz property line adjoins the side or reaz yard of a building site in a RS, RD, RM or RCX zoned district, side or rear yazd must conform to the side or rear yard requirements for dwelling use of the adjoining district. (Exhibit C -Hawaii County Zoning Code, Chapter 25, Article 5, Division 13, MCX district) 9. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies within the Coastal Zone Management area. 10. 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. -2- DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA 11. Subject Property: The property is an improved, approximately 28,264-square foot property on the corner of Kawili Street and the unimproved extension of Kalanikoa Street. The property is the site of Anna's Lounge, Ryan s Restaurant, and office uses towards the rear of the site. 12. 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 ML-20 and located northeast of the property. The property is bordered on the east by an auto supply store, and Kamaaina Motors is located across Kawili Street to the south. The closest residences are located to the rear of the property on East Lanikaula Street. Lands to the west in the general vicinity are zoned RS-10. TMK: 2-2-49: 26 located northeast of the property was rezoned from RS-10 to MCX-20 by Ordinance No. OS Ol effective January 11, 2005. 13. U.S.D.A. Soil Type: Keaukaha extremely stony muck, 6 to 20 percent slopes (rKFD). The Keaukaha Series consists of well drained, thin organic soils over pahoehoe lava bedrock. 14. Land Study Bureau's Productivity Rating: Unclassified. 15. 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. 16. 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. 17. FIRM: Zone "X", an area outside of the 500-year flood plain. 18. Coastal Hazards: The property is located over two miles from the shoreline, is not an oceanfront pazcel, and will not affect, or be affected by shoreline processes. 19. Recreational Resources: The proposed development will not reduce the size of the coastline or other azeas used for public recreational uses. 20. Visual Resources: The proposed project will not affect the line-of--sight towazd the ocean. -3- 21. Flora/Fauna: No professional surveys were conducted of the site. As the property is fully developed and located within an urban environment close to commercial, industrial and residential uses, the applicant does not believe that rare or endangered floral or faunal resources are on the site. The property has been landscaped within the parking area. 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. 22. Archaeological(Historical Resources: As the site is fully developed with commercial uses, no professional surveys were conducted of the site. 7'he applicant has stated that although no physical improvement to the ground is contemplated, should any azchaeological features or sites be discovered, work will immediately cease and the applicant will notify the Planning Department. 23. 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. 24. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. PUBLIC UTILITIES AND SERVICES 25. Access: Access to the project site is from Kawili Street, a County roadway classified as a secondary arterial of 80 feet width. Kawili Street has 8-10 foot shoulders on the south side, and 4-6 foot shoulders on its north side. There are two existing driveways on the site. The Department of Public Works recommends that each existing driveway be limited to ingress or egress only. No access is proposed from the unimproved section of Kalanikoa Street. 26. Water: Water is available to the site. 27. Wastewater: The property is connected to the County's sewer line. 28. Solid Waste: Solid waste will be handled by commercial haulers. If required, a Solid Waste Management Plan will be prepazed. 29. Essential Utilities and Services: Electricity and telephone services are available to the -4- 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 30. Department of Public Works: Exhibit D -August 31, 2005 Memo 31. Department of Health: Exhibit E -August 31, 2005 Memo AGENCIES - NO COMMENTS OR OBJECTIONS 32. Fire Department, Police Department AGENCIES - NO RESPONSE 33. Real Property Tax Office, DLNR State Historic Preservation Division, Department of Transportation PUBLIC COMMENTS 34. None as of this writing. -5- t• APPLICATION FOR COUNTY REZONING (CN-10 to MCX-20) JIM WINNIMAN WAIAKEA HOUSE LOTS SOUTH HILO, HAWATI TAX MAP KEY: (3) 2-2-049: 024 Prepared For: Jim Winniman Prepared By: Sidney M. Fuke, Planning Consultant July 2005 EXH(B{T CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Jim Winniman APPLICANT'S SIGNATURE : See attached letter DATE: July 22, 2005 ADDRESS: P.O. Box 812 Haiku, Maui, HI 96708-0812 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:~ PHONE:(Bus.) 264-2659 (Res.) (Fax) LANDOWNER(S): Jim Wimiiman LANDOWNER SIGNATURE(S): See attached letter DATE July 22, 2004 LANDOWNER(S) ADDRESS: P.O. Box 812 Haiku, Maui, HI 96708-0812 REQUEST: CN-10 TO MCX-20 (Existing caning) (Proposed Zoning) TAX MAP KEY: 2-2-49: 024 STREET ADDRESS OF PROPERTY: 399 Kawili Street SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED:- 28, 264 square feet AGENT: Sidney M. Fuke ADDRESS: 100 Pauahi Street, Suite 212 Hilo, HI 96720 TELEPHONE:(Bus.) 969-1522 (Res.) (Fax) 969-7996 Please indicate to whom original correspondence andscopies should be sent. ORIGINAL: Sidne~Fuke TI~~:~ Jim Winniman ~~a_-Gn-cnno aa:Yr wn man. wlrminwrv l :3ntl JIG GJ41 r nl I To Whom It May Concern: I am the owner of a property identified by TMK: (.3) 2-Z-049: 024 located whose address is 399 tawili Street in Hilo, Hawaii. Please be informed that I hereby authorize Side ,Planning r~onsultant, to prepare and process the reaonin said p party from ('N to MCX-20. ~U-U i i an 1 (Date) i I I I i i I ATTACHMENT Commercial, RM, Resort, 6 Industrial PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE I if your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? No If des, please answer the rest of question I and then to question 3. a• How many acres of the requested area do you intend to subdivide? b. Into what lot sizes? c if your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you nave no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? No b. Se11 or lease the land to someone who has tentative plans? No c. Se11 or lease the land to someone who has no plans? No a. Keep it? Yes e. other (please state) f. If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. What specific building plans do you have for the subject land? Include in your answer the following: type of building (apartment, office, launderette, etc.); financing arrangement; timetable for construction; and any other information which you feel might help us in evaluating your request. The exisfing building will be retained and interior renovations will be made. 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. -2- 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 [o accompanying planning and environmental report 6. Are there any buildings on the subject area? Yes If so, what kind? There aze 3 structures, which house a restaurant, cocktail lomge, and some office space. What do you intend to do with those buildings if your request is approved? The buildings will be kept and interior renovations will be made. 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 wo a. Schools x b, Roads x c. Sewer x d. Drainage x e. Police Protection x f. Fire Protection x x g, Recreational Facilities x h. Recreational Facilities i. -4- 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, inasmuch as the site has been already fully developed Signature: see attached letter Address: P.O. Box 812 Haiku, Maui, HI 96708 Telephone: (808)264-2659 Date: July 22, 2005 -5- 6338A/SOA P. D. 5/84 COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST - CN-10 to MCX-20 JIM WINNIMAN WAIAKEA, SOUTH HILO, HAWAII TAX MAP KEY: (3) 2-2-049: 024 I. INTRODUCTION The applicant, Jim Winniman, is requesting the rezoning of a parcel of land consisting of 28,264 square feet from Commercial-Neighborhood (CN-10) to Indust~al- Commercial Mixed (MCX-20) in the City of Hilo, Hawaii. The subject site is located on the northeastem corner of Kawili Street and the unimproved extension of Kalanikoa Street in Waiakea, South Hilo, Hawaii, TMK: (3) 2-2-049: 024. The subject property is the site of a cocktail lounge (Anna's Lounge} and a restaurant (Ryan's). If successful, the applicant plans to utilize the property more intensively for commercial and light industrial uses. It would also enable the cocktail lounge to have live entertainment (such as karaoke). II. PROJECT LOCATION As noted earlier, the subject site is the home of a cocktail lounge, restaurant, and some smaller office uses in the back of the property. It is located on the northeastern corner of Kawili Street and the unimproved extension of Kalanikoa Street. (Figures 1 8 2) In this area, the area fronting Kawili Street is predominantly commercial and light industrial in character. The site is bordered on the east side by an auto supply store; and the south by an automobile dealership. The property to the west is the unimproved section of Kalanikoa Street. The nearest residences are to the rear of the subject site, fronting E. Lanikaufa Street. Particularly along major street frontages, pockets of the Waiakea House Lots are slowly undergoing a land use transition from single-family residential to commercial uses, while the Kancelehua Avenue and Kawili Street frontages are increasingly becoming commercial and light industrial in nature. 111. PROJECT DESCRIPTION A. Project Concept The applicant wishes to utilize the complex for more intensive commercial and light industrial uses. The current Neighborhood- * Map for: 399 E Kawili St Hilo, HI 96720-5075 D[1Vlllg Dl[eCtIODS: TO Fle[C - F[om fte[e ®Printable Version ~ ®Email Mao ~ ~ Link ~to tttis Mao ©MYYl. Zoom In - Ist3ci 567state910 .~~~~1 'i Zoom r Ont ; Rrver3td Fiualani St ~ l ~ 1 (t F, Sm3ii and Pa.oF ~ L--' ~f Hi/Q !nt'L ~ --Q 71 At o~rf ?J I. I I ''4. I-' ~ i t I~ Ik ii i f q' _ II. ~ A ' J - ~ ~C -a -y.- J bra ~ _ 4 . ~ , 2 i ~ ° n ~ -.k---- i 5 ° t~' JI Y_1 ~ ~ ~ Leila I~.~et a' L ~ i_.~- ~ t__i ~ > ~ y°o ~ y~ ELI I II i~ i, ~ 1 y5 a _ ' ~°~1i5 1 E Latiiliaul~ St ~ ~ O1Jl t__ i ~1 tlilan[ t I m' ti W ~ ~ n 'F 1~ ~3--~ ~C E KawJi ~I i - u Hila'PNFrsery~~ i Cs~ ~ - ~ S nd- . i 0h7 ~ ~ ~ ,~I Gi - . Arbo iri ~ ~ ~ ~ ~ ~~w7 - ~',,y ~ -itl° ~ I ~ a'ekauila 5t ,J4t v ~ ~ ~ E ~ ~ Ot llnrvemly rn ~ L-a~ L__~ ~ 5i ~ s T OfHanraii m a, I I~ r, "o. ~a~`. ~ .1.Y°~r f i AlHila A, I I I f I--.NY't;`~~Kukila St t;, ----~2 r y\~~ k"n~ I~ Wiwoale S.t i a` 't ~'e ` l~• ~o ~ f I 54 f II J is C ° I ~ ~ r 3T - 1` y. w ~syt ` ~ r ~ c't Pnnce 1 ~ t -7-~~~fl'1 ~r~`~cI CS ` s II t1 ~~P~F~~ 5'~_ ®2005 Yah°a! Ina ~-~MAy Cv , ~ + r I IF~: t~ ~ _ I ~ J'~I, s, ~ s ~ 1 ti \ C~ i FIGURE 1 L9N/R/NLI L ~ IVF * o a! " sy 8 s o: w ^ a y 'iIS' S~ + i w y .O ~ O ~ S7 z _ E 0 y ~ ~w 0 µ ~ ~ .e.v , h. Subject ~ ~ ~ ~ { i , ~ Site ~ L ° ,.N,L, r. 1E - J'~ ' - o ~'7 j;i!' e ~ , i 5~q ~s • ~ :u III ' j,~0 ~ 1 _ i~ 1 o ~ fi^ ~ 3• a 1 ~i ~ ~ F t r i ____.~F {pp a ~ aj ~ $ NICrIIOiu sr _ 1 7~a ` ~i _ -_-~K j I--- ~ Nun • Y ii i° .yy~ F 0: • ~"A:P~T ~ t I 8 ~ ~ 5~ ; tl9 • ~ O ` , I ~ r~ ~ F _ p~ ` a r.te 1° g 8 r i _-_____-~-_-L-=--A 1i M n` r C~. ~ ~ ~ o g~-~. _ wl k~ F,':7i},~ :,iii - 15 ;•ir,t ~ _ "rC Of crt?~'.r~~ i ~6 i }t~~e~'' ` QEa. i - ~ ~ 5 a ~ F ` ; IFS ~ ° { roowne scm^ I n n N. r •iii w w i n e ttp~ i ` ^i :i i 0 1 I FIGURE 2 Commercial (CN-10) zone limits the scope of commercial uses. The existing zoning was appropriate prior to the development of the Kanoelehua Industrial Area. The absence of privately owned industrial properties gradually pushed some light industrial uses north of E. Kawili Street. As such, the general area of the subject site is now more light industrial and general commercial in nature. As such, given the absence of a "residential neighborhood" proximate to this area, the subject site's zoning has become somewhat functionally obsolete The surrounding land uses, visibility, and accessibility of this site make it more attractive for more intensive commercial and light industrial uses. However, the existing zoning limits the scope of commercial uses and prohibits any light industrial use. As such, the complex is underutilized. The applicant believes that with the requested MCX-20 zoning, the site would be more competitive and compatible with the surrounding land uses. B. Proiect Comaonents There are two major structures on the site subject. The front single-story structure houses a cocktail lounge and a restaurant. The reartwo-story structure accommodates some office use. The height of the finro-story structure is less than 30 feet, while the single-story structure is less than 15 feet. There are 26 paved and 8 graveled stalls on the subject site. There are two driveway accesses to the site. (Figure 3) The applicant has no plans to construct a new building on the site. Instead, improvements would be limited to landscaping and interior renovations to accommodate future tenants' needs. It should be noted that should the request be approved, one of the applicant's tenants intends to immediately amend its liquor license to allow "live entertainment." Presently, cocktail lounges are allowed in the Commercial Neighborhood (CN) zone. However, no live entertainment (such as karaoke) is allowed. C. Proiect Timetable and Cost As noted above, if the request were approved, the only immediate activity would be an amendment to a liquor license. The applicant 2 270°00'-+ IY1.~5 W= N~ ~0 Kp Qn I I IL L cotta EXISTING 9-WRAVGL ~}~KIN~ STirLLS I I 9LA9 I ~ II I I I I ~ C3UILeING I F n r ~ - v EXISTING P~UILOINs u o La,oIN, - p - - znNe - m r 5- AVE PgJ1 <INB S(ALL9 U 0 0 0 h b NEVIgLK - m O O 0 f~NNA'S LOl1N5E ~ES7RU ~4~y j~ m - <oNG- GEAR - PLP.NT9 12 PqY D B TAL~ K-~e \ a~'i< ty I \3 ~m`J\O. R\~ I 9'PAV o MRKInG "STAl15 90°'00' ~ Ia-1.75 ~-r.lnnono sra&ET Kf}w)LI ST)~~ET KA.avEWUe uj pr~o~o~~o r~r~~o~or,~c~ c r,~~~tio ~co ~c ~ ~~o u'L~~ G.~Vnl°ap I~CS7 ~QO ood ~=~a4~: ~4 ~a~r~eac~~~n~r ~ dona ~au~r;~una~a~ FIGURE 3 SULY le. 2oog does not intend to make any physical improvements to the site in and market the property for uses consistent with the requested zoning. At this time, only minor interior improvements are anticipated. The cost is undetermined at this time. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject property is designated Urban. As such, no State Land Use Commission action is required. B. County General Plan As the County General Plan Land Use Pattern Allocation Guide (LUPAG) map is not designed to be specifically measurable, it can be interpreted to fall within the Industrial district. The properties to the site's immediate south are zoned Industrial-Light (ML-20). Other properties north of E. Kawili Street are zoned Industrial-Light (ML-10) and Mixed Commercial-Industrial (MCX-20). 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 MCX zoning would be consistent with this designation, and no General Plan amendment is necessary. C. Hilo Community Develoament Plan The Community Development Plan (CDP) attempts to further define the General Plan and serves as a guide 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 Commercial Neighborhood designation for this area, consistent with the site's present CN-f0 zoning. 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 3 I and policies. In the end, the General Plan is more critical, as the County Charter requires al{ zone changes to be consistent with it. D. Countv Zoninsr The County zoning of the subject site is Commercial Neighborhood (CN-10). If the Industrial-Commercial Mixed (MCX-20) request were approved, the site would house uses that would be permitted under the MCX zoning. These uses would range from retail shops, offices, eateries and related uses. As noted earlier, the type of uses would be generally compatible with the surrounding area. E. Other Permittina 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 for any improvements. These would be of the "ministerial" variety, such as Plan Approval, building permit, and health clearances. V. ENVIRONMENTAL CONSIDERATIONS A. General Descriution The 28,264 square foot site is shaped like a rectangle. The Kawili Street frontage has a length of 140 + feet, with a depth of approximately 200 feet. The site is the home of a variety of uses, including Anna's Lounge and Ryan's Restaurant. As such, it is fully improved. B. Climate. Soil and To~oaraahv 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. 4 There are no perceptible topographic or geologic constraints on the fully improved subject site. Its elevation is approximately 65 feet. Being within a heavily urbanized area, the Land Study Bureau Overall Master Productivity Rating does not have any classification for this site. Likewise, the site is not classed 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 area 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. However, because the site is fully improved, the soil type classification becomes somewhat not pertinent. C. Natural Hazards 1. Drainage The Federal Emergency Management Agency's Flood Insurance Rate Map (FIRM) designates the area of the proposed development to be in Zone X (areas outside of 500-year flood). There are no drainage ways through the site. Accordingly, the site has not and should not be subject to flooding. As there are added level of impervious surface resulting from the parking area, there are existing drywelis. No additional drainage improvements are being contemplated. 2. Tsunami Hazard The site is situated over two miles from the ocean. Thus, it is outside of the Civil Defense's 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 5 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 may be added structural requirements to address this seismic hazard for any new improvements. D. Fauna Resources No professional surrey of the faunal resources of the site was conducted, as the site is fully improved and is located within an urban environment. Given that condition, the applicant does not believe that rare or endangered faunal resources are likely to be found within or proximate to the subject 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 Likewise, no commissioned flora survey was conducted of the site due in large measure to its fully improved state and location within an urban environment. A visual inspection of the site confirmed the presence of introduced landscaping within the parking area. Given its current urban commercial use, it is unlikely that the site would be an 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 current use as a shopping complex reduces the prospect of finding any archaeological remains. 6 No physical improvement to the ground is contemplated. However, if there are further improvements and 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. Spec~cally, 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 andlor proximate to the shoreline. As such, fishing and/or coastal access is not an issue. As the site has been fully improved, the prospect of the site serving as a place for gathering of plants is remote. 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, wastal impacts resulting from discharge of drainage systems from the site should not be significant. Being anon-coastal property, no coastal access will be affected. The project is already connected to the County's wastewater system fronting Kawili Street. As such, potential groundwater and coastal resources impacts would be mitigated. I. Noise. Air Quality. and Dust Imuacts The existing background ambient noise levels is associated with the wind, foliage, birds, airport, aviation-use, and traffic along Kanoelehua Highway and Kawili Street. This is relatively high, averaging about 50 Ldn or even higher during heavy traffic andlor airport use. As noted earlier, aircraft traffic and vehicular traffic along Kanoelehua Avenue and Kawili Street, however, heavily influence manmade noise in this area. Kanoelehua Avenue is a major cross- town 6-lane, divided highway. Kawili Street is also a major street serving the mauka portions of Hilo, including the University. 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. There should be no short-term noise impacts, as the improvements are already in place. In the event there are improvements, this will be short-term, and 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. Should there be construction, it would be short- term. There may be some fugitive dust associated with the construction of the project. However, compliance with the State Department of Health's regulations governing dust control should help mitigate this potential impact. From along-term perspective, the project itseff 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 has been paved with an all-weather, dust free surface. If needed, the surplus graveled parking area can be paved. The required landscaping is already in place. As such, with the exception of minimal construction dust in the beginning for any renovation to the existing structures, long term dust generated by the project should be insignecant. s J. Scenic and Visual Considerations 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 either of those mountains, particularly from Kanoelehua Avenue or Kawili Street. The location of the site is such that there will be no interruptions to these views. Furthermore, there will be no new structures on the property. The taller of the two structures has a height of less than 30 feet, which is comparable to a standard 2- story residence. Thus, there should be little, ff any, visual impacts resulting from this project. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surroundinst Land Uses The land uses in the immediate area are a mixture of commercial and industrial uses. The commercial and/or industrial uses range from warehousing, general retail, restaurants, and office buildings. As such, the uses that would be allowed by the requested zoning would be consistent with the existing and emerging uses of this area. 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 for any renovations to the structures. With the allowance of greater commercial and light industrial uses, the complex should be able to attract a wider variety of users. In turn, the complex could be a little more successful, increasing the chances for a number of longer-term employment opportunities. The subject property is located proximate to commercial areas, including Downtown Hilo, Kaiko'o Mall, Hilo Shopping Center, and the University. It can thus be competitive with those areas. 9 A mixed industrial/commercial rezoning could also potentially increase the tax revenues to the County. It is unlikely that this request would have adverse real property tax consequences far adjacent properties, as all of them are commerciaUindustrial in use. C. Aariculturallmuacts The site is and has not been used for intensive agricultural activities. The site has been used as a commercial complex for over 40 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,rf at all. VII. INFRASTRUCTURE CONSIDERATIONS A. Road Access to the project would continue from Kawili Street. No access is planned from the unimproved section of Kalanikoa Street. The County-owned Kawili Street serves as one of several connectors between the main highway (Kanoelehua Avenue) and the local cross-town streets of Hilo. In this area, Kawili Street has aright-of- way of 80 feet, with 24+ foot wide pavement. There are also 8-10 foot shoulders on the south side and 4-6 foot wide shoulders on the north side. Some street parking is available, although there is no sidewalk in this area. B. Water There is a County water fine fronting the site along Kawili Street. The project is already serviced and metered by this line. C. Wastewater The project is also connected to the County's sewer line. D. Solid Waste Solid waste has been handled by commercial haulers who dispose of the refuse at the county landfill in Hilo and eventually at Pu'uanahulu, North Kona. 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. io 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 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. The Hilo Hospital is located, approximately 4 miles from the site. This hospital is one of five licensed hospitals on the island. 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 site. 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-Term Uses of Environment and Maintenance and Enhancement of Lona-Term Productivity The short-term use of the site would probably be continued neighborhood-commercial uses. However, given its location and absence of residential developments in this area, its use as a neighborhood-commercial complex has become somewhat obsolete. Furthermore, 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 small -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 made reasonably accessible to the region. The required infrastructure - ff needed -will be implemented by the applicant to mitigate potential impacts of this project. i~ Finally, the design and scale of the project is consistent with the surrounding area. 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 bean issue. The likelihood of finding archaeological features on the already developed site is remote. Further, any unanticipated finds will be properly mitigated upon consultation with appropriate government agencies. C. Mitigative Measures The applicant does not believe that any additional infrastructure mitigation is needed. If required, the applicant will comply with those requirements. These improvements would be done in conjunction with any subsequent permitting and permit implementation phases of this project. Although the potential for unearthing archaeological features on the site is remote, if any inadvertent discoveries are made during any phase of this project, the Planning Department will be noted. Work will resume only upon receipt of proper clearances from said agency. If required in conjunction with the further development of this site, additional landscaping will also be incorporated within the project site. The landscaping would be consistent with the Planning Department's landscaping rules. As the site is already fully developed, there is no relocation issue associated with the project. D. Alternatives to the Proposed Proiect 1. No Proiect Under the status quo alternative, the site would remain in its current neighborhood commercial uses. Under this scenario, the site would not be fully utilized in a manner that would be consistent with the surrounding areas. Then, too, the expanded type of goods and services this site could provide with the MCX zoning would be absent, thereby not really servicing the general working community in this area. 12 2. Development Based on Existinsr CN Zonina Under this alternative, the land could not be further developed. The site would be underutilized, given its locational and infrastructure condition. The structures could also be renovated to accommodate residential uses, as the CN zoning allows residences. However, given the site's proximity to a heavily traveled roadway and surrounding industrial and commercial related uses, residential uses may not be attractive. 3. Alternative Industrial Zoninst A Light or Heavy Industrial zoning may also be appropriate and would still be consistent with the interpretation of General Plan LUPAG map. However, this area serves as a transition area between the residential uses in Waiakea House Lots and the more intensive industrial uses within the Kanoelehua Industrial Area. 4. Evaluation of Alternatives Leaving the property in its current underutilized state would not maximize the use of the land. There would also be potentially diminished tax revenues and less services to the public. While alternative industrial zonings are possible, the site's proximity to a major highway requires visual and land use sensitivity that can more likely be achieved with a MCX over a ML or MG zone. In that regard, this requested zoning in totality would be more 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-20 zoning alternative. 13 IX. REGULATORY ANALYSIS A. General Plan LUPAG Man 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. B. 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 ~+--Pro~i~reeidents with opportunities to improve their quality of life. • Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. • The County of Hawaii shall strive for diversity and stability in its economic system. • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. Policies • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. 14 • 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 earequesl~wonld provide opportunities for the existing structures to house more commercial and light industrial uses in an area that is 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 and/or adjacent to industrial and business areas, making the site accessible to these uses. At the same time, because of the type of use (commercial retail and light industrial) and its relative small size, the requested project should be consistent with the land use pattern in this area, while making it convenient for the region and surrounding areas. 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, ~s utilities, sewers, and transportation systems. Should such services not be available, the development of more intensive uses should be in concert with a localized program of public and private capital improvements to meet the expected increased needs. Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. 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 retail and light industrial areas. This would be an appropriate area, given the site's existing infrastructure. From a visual perspective, the taller of the two existing structures is comparable to a 2-story residential dwelling. Thus, it does not visually dominate the view plane from Kawili Street or Kanoelehua Avenue. 16 The subject site also fulfills other policies and standards articulated in the General Plan. The site is already serviced by adequate infrastructure. The project is already serviced by the County's water and sewer lines. 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. Being developed and used as a commercial complex, the prospects of the site serving as a habitat for rare or endangered plant or animal life appear remote. There is also little evidence that the site would have any remaining archaeological features. Because of the scale and type of use, the request would be generally compatible with the emerging industrial and commercial corridor along Kanoelehua Highway and Kawili Street. To mitigate potential visual and noise impact, however, additional landscaping, ff required, could be provided adjacent to the main streets. Finally, the structural standards for a commercial building have been fulfilled. These include the acreage, setbacks, parking, etc. C. Hilo 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 Neighborhood Commercial, many changes have occurred over the past 25 years, making many of the planning assumptions obsolete. D. Zonin If the request were approved, the existing structures would be used to house more commercial and light industrial uses. All requirements relative to height, setback, landscaping, and parking, and the like have been complied with. No variances from the Code are anticipated. E. Hawaii Coastal Zone Management Program The objectives of the Hawaii Coastal Zone Management (CZM) Program are outlined in Chapter 205a, Hawaii Revised Statutes. The principal goal is to assure the protection and maintenance of the State's coastal resources. Akhough the entire State falls within the CZM area, the permitting process is geared for those areas proximate to the coast and ident~ed by the County as the Special Management Area. Nonetheless, a general review of a project's consistency to the CZM policies -regardless of its location -must still be made. In that regard, please note the following: The proposed project will not have any substantial adverse environmental or ecological effect. (Please refer to discussions in Chapters V, VI, and VII). Any effect that may result will be • minimized to the extent practicable and will be clearly outweighed by public interest. • The proposed development would be consistent with the objectives of the CZM program. Specifically: • there would be no impact to the area's recreational resources. This is not a shoreline properly; • the site has been fully improved, and it is unlikely that there are any remaining historical resources on the site. • the project will not affect any scenic and open space resources; the coastal ecosystem will not be impacted; there will be more employment opportunities, and hence furthering the economic uses of the site; • the site is about a mile from the shoreline, and thus there would be no coastal hazard or beach erosion or marine resource impacts; and • public participation will be achieved through the hearings on this request. ~s The proposed development is consistent with the County General Plan and other appropriate regulatory tools, such as the Zoning Code. Based on the foregoing, it is concluded that the proposed improvements are consistent with the objectives, policies and guidelines of the Special Management Area Rules and Regulations. 19 tion 25-5-94. Minimum building site area. The minimum building site"in the V district shat a fifteen thousand square feet. ~ Section 5-5-95. Minimum building site average width. Each b ding site in the V district shall have inimum average width of ninety feet. Section 25-5- Minimum yards. The minimum ya s in the V district shalt be as foll~ . (I) Front an az yards, twenty feet; and (2) Side yazds, ht feet for one story d an additional two feet for each additional story. Section 25-5-97. Landscapin .Lan aping shall be provided on a minimum of twenty percent of the total land area of any build' site in the V district. Pazking areas shall not be included within the area required for dscap' on any building site. Section 25-5-98. Other ulations. (a) More than one m ' building may be si ed on any building site in the V district. (b) The distance ween main buildings on one ilding site in the V district shall be at least fifeen feet. (c) Plan royal shall be required for all new structur and additions to existing structures in e V district. Exceptions to the regulations for the V district regazding fights, building site azeas, buil ~ g site average widths and yazds, may be approved by the director 'thin a planned unit elopment. Division 10. CN, Neighborhood Commercial Districts Section 25-5-100. Purpose and applicability. The CN (neighborhood commercial) district applies to strategically located centers suitable for commercial activities which shall be of such size and shape as will accommodate a compact shopping center which supplies goods and services to a residential or working population on a frequent need of convenience basis. This district is distinguished from a central commercial district which provides general business and broad services to a city or region. Section 25-5-101. Designation of CN districts. Each CN (neighborhood commercial) district shall be designated by the symbol "CN" followed by a number which indicates the minimum land azea, in thousands of squaze feet, required for each building site. Section 25-5-102. Permitted uses. (a) The following uses shall be permitted in the CN district: (1) Adult day caze homes. (2) Automobile service stations (3) Bed and breakfast establishments, as permitted under section 25-4-7. (4) Boarding facilities, rooming, or lodging houses, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (5) Business services. (6) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this code. (7) Churches, temples and synagogues. (8) Community buildings, as permitted under section 25-4-11. (9) Convenience stores. EXH~IBIT f''' 71 (10) Crop production. (l 1) Day care centers. (12) Dwellings, double-family or duplex, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (13) Dwellings, multiple-family, provided that the maximum density shad be one thousand two hundred fifty squaze feet of land area per rentable unit or dwelling unit. (14) Dwellings, single-family. (15) Family child care homes. (16) Farmers markets. When the vending activity in a farmers market involves more than just the sale of local fresh and/or raw produce, plant life, fish and local homeg~„.v~~ and homemade products for more than two days a week, the director, at the time of plan approval, shall restrict the hours of use, maintenance and operations and may require improvements as determined appropriate to ensure its compatibility with the existing character of the surrounding area. (17) Financial institutions. (l8) Group living facilities. (19) Home occupations, as permitted under section 25-4-13. (20) Medical clinics. (21) Meeting facilities. (22) Model homes, as permitted under section 25-4-8. (23) Mortuaries. (24) Museums. (25) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. (26) Offices. (27) Personal services. (28) Photography studios. (29) Public uses and structures, as permitted under section 25-4-11. (30) Repair establishments, minor. (31) Restaurants. (32) Retail establishments. (33) Schools. (34) Telecommunication antennas, as permitted under section 25-4-12. (35) Theaters. (36) Utility substations as permitted under Section 25-4-1 I. (b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the CN district, provided that a use permit is issued for each use: (1) Crematoriums. (c) Buildings and uses normally considered directly accessory to the uses permitted in this section shall also be permitted in the CN district. Section 25-5-103. Height limit. The height limit in the CN district shall be forty feet. Section 25-5-104. Minimum building site area. The minimum building site area in the CN district shall be seven thousand five hundred square feet. Section 25-5-105. Minimum building site average width. Each building site in the CN district shall have a minimum average width of sixty feet. 72 Section 25-5-106. Minimum yards. The minimum yards in the CN district shall be as follows: (1) Front and rear yazds, fifteen feet; and (2) Side yazds, none, except where the adjoining building site is in a RS, RD, RM, RCX or V district. Where the side yard adjoins the side yard of a building site in a RS, RD, RM, RCX or V district, there shall be a side yard which conforms to the side yazd requirements for dwelling use of the adjoining district. Section 25-5-107. Landscaping of yards. (a) All front yards in the CN district shall be landscaped, except for necessary access drives and walkways. (b) Where any required side or reaz yard in the CN district adjoins a building site in a RS, RD, RM or RCX district, the side or reaz yard shall be landscaped with a screening hedge not less than forty-two inches in height, within five feet of the property line, except for necessary drives and walkways. Section 25-5-108. Other regulations. (a) In conjunction with plan approval, the director may require the construction of a continuous eave overhanging the front property line in the CN district. The director may also require that the eave be of similaz height and design in any one block of the CN district. (b) Plan approval shall be required for all new structures and additions to existing structures in the CN district. (c) Exceptions to the regulations for the CN district regazding heights, building site azeas, building site average widths and yazds, may be approved by the director within a planned unit development. Division 11. CG, General Commercial Districts Secti 25-5-110. Purpose and applicability. ~ (a) The (general commercial) district applies to an azea suitable for ommercial uses and services on a br d basis to serve as the central shopping or principal town area for a city or a region. (b) No CG district 11 be established until there is a dem strated need for such action and no two CG districts shall b stablished in such relations ' to each other that they cannot act as one center and yet aze too clo together to serve tw distinct regions. Section 25-5-111. Designatio f CG distri .Each CG (general commercial) district shall be designated by the symbol "CG" fo we y a number which indicates the minimum land azea, in thousands of squaze feet, requir reach building site. Section 25-5-112. Permitted us (a) The following uses shall permitted uses ~ the CG district: (I) Adult day c omes. (2) Amuse t and recreation facilities, indo3r~ (3) Art levies, museums. (4) studios. Automobile service stations. (6) Automobile sales and rentals. ~ (7) Bars, nightclubs and cabarets. (8) Bed and breakfast establishments, as permitted under section 25-4-7. 73 Division 13. MCX. Industrial-Commercial Mixed Districts Section 25-5-130. Purpose and applicability. 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. Section 25-5-131. Designation of MCX districts. Each MCX (industrial-commercial mixed use) district shall be designated by the symbol "MCX" followed by a number which indicates the minimum land area, in number of thousands of square feet, required for each building site. Section 25-5-132. Permitted uses. (a) The following uses shall be permitted in the MCX district: (1) Agricultural products processing, minor. Amusement and recreation facilities, indoor. (3) Art galleries, museums. (4) Automobile sales and rentals. Automobile service stations. (6) Bars and nightclubs. (7) Broadcasting stations. (8) Business services. (9) Car washing. (10) Catering establishments. (1 1) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this code. (12) Churches, temples and synagogues. (13) Cleaning plants using only non-flammable hydrocazbons in a sealed unit as the cleaning agent. (14) Commercial parking Tots and garages. (15) Community buildings, as permitted under section 25-4-1 1. (16) Convenience stores. (17) Data processing facilities. (18) Day-care centers. (19) Financial institutions. (20) Food manufacturing and processing. (21) Home improvement centers. (22) Kennels in sound attenuated buildings. (23) Laboratories, medical and research. (24) Manufacturing, processing and packaging establishments, light. (25) Medical clinics. (26) Meeting facilities. (27) Motion picture and television production studios. (28) Offices. (29) Photographic processing. (30) Photography studios. (31) Plant nurseries. (32) Public uses and structures, as permitted under section 25-4-1 t • EXH~BiT (33) Publishing plants for newspapers, books and magazines, printing shops, cartographing, and duplicating processes such as blueprinting or photostating shops. (34) Repair establishments, minor. (35) Restaurants. (36) Retail establishments. (37) Sales and service of machinery used in agricultural production. (38) Schools, business. (39) Schools, photography, art, music and dance. (40) Schools, vocational. (41)Self-storage facilities. (42) Telecommunications antennas, as germitted under section 25-4-12. (43) Temporary real estate offices, as permitted under section 25-4-8. (44) Theaters. (45) Utility substations, as permitted under section 25-4-11. (46) Veterinary establishments in sound-attenuated buildings. (47) Wazehousing. (48) Wholesaling and distribution operations. (b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the MCX district, provided that a use permit is issued for each use: (1) Crematoriums. (2) Major outdoor amusement and recreation facilities. (3) Yacht hazbors and boating facilities. (c) Buildings and uses normally considered directly accessory to the uses permitted in this section shall also be petmitted in the MCX district. Section 25-~-133. Height limit. The height limit in the MCX district shall be forty-five feet. Section 2~-5-134. Minimum building site area. The minimum building site area in the MCX district shall be twenty thousand square feet. Section 25-5-135. Minimum building site average width. Each building site in the MCX district shall have a minimum building site average width of ninety feet. Section 25-5-136. Minimum yards. The minimum yards in the MCX district shall be as follows: (1) Front yards, twenty feet; and (2) Side and rear yazds, none, except where the adjoining building site is in a RS, RD, RM or RCX district. Where the side or reaz property line adjoins the side or rear yazd of a building site in an RS, RD, RM or RCX zoned district, there shall be a side or rear yazd which conforms to the side or reaz yard requirements for dwelling use of the adjoining district. Section 25-5-137. Landscaping of yards. (a) All front yards in the MCX district shall be landscaped, except for necessary access drives and walkways. (b) Any required side or rear yazd in the MCX district adjoining a building site in an RS, RD, RM or RCX district, shall be landscaped with a screening hedge not less than forty-two inches in height, within five feet of the property line, except for necessary drives and walkways. 80 Section 25-5-138. Other regulations. , (a) Plan approval shall be required for all new structures and additions to existing structures in the MCX district. (b) Exceptions to the regulations for the MCX district regazding heights, building site areas, building site average widths and yazds, may be approved by the director within a planned unit development. Division 14. ML, Limited Industrial Districts Section ZS-5-140. Purpose and applicability. The ML (limited industrial) district applies to aeeas for business and industrial uses which aze generally in support of but not necessazily compatible with those permissible activities and uses in other commercial districts. Section 25-5-141. Designation of ML districts. Each ML (limited industrial) district shall be designated by the symbol "ML" followed by a numb~rwhich indicates the minimum land azea, in thousands of square feet, required for each building site. Section 25-~-142. Permitted uses. (a) The following uses shall be permitted in the ML district: (1) Agricultural products processing, minor. (2) Airfields, heliports and private landing strips. (3) Animal hospitals. (4) Animal quazantine stations. (5) Aquaculture activities. (6) Automobile and truck storage facilities. (7) Automobile and truck sales and rentals. (8) Automobile service stations. (9) Bakeries. (10) Bazs. (11) Broadcasting stations. (12) Car washing. (13) Carpentry, hazdwood products and furniture manufacturing and storage establishments. (14} Catering establishments. (15) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this code. (16) Churches, temples and synagogues. (17) Cleaning and dyeing plants. (18} Cotnmercial parking lots and gazages. (19) Community buildings, as permitted under section 25-4-11. (20) Contractors' yards for equipment, material, and vehicle storage, repair, or maintenance. (21) Day caze centers. (22) Financial institutions. (23) Food manufacturing and processing facilities. (24) Greenhouses, plant nurseries. (25) Heavy equipment sales, service and rental. (26) Home improvement centers. (27) Junk yazds, provided that the building site is not less than one acre in azea. 81 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII - DATE: August 31, 2005 ~,y ~ 1" t' I %GGIhEI~E~KA~pIL TO: Christopher J. Yuen, Planning Director FROM: ~~'Depattment of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 05-012) Applicant: Jim Winniman Request: CN-10 to MCX-20 TMK: 2-2-49: 024 We have reviewed the subject application forwarded by your memo dated August 3, 2005 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. The existing drainage from the subject property flows onto the unimproved extension of Kalanikoa Street. The applicant should provide drainage improvements to mitigate the existing runoff. 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. Kawili Street is classified as a secondary arterial of 80 feet width. Currently, access to the subject property is via two existing driveways. Because of the street classification, we recommend each existing driveway be limited to in or out only. Based on the intended zoning, we recommend the applicant provide full improvements to the entire frontage along Kawaili Street consisting pavement widening with concrete curb, gutter and sidewalk along with any required utility relocation meeting the approval of the Department of Public Works. Questions may be referred to Ke{ly Gomes of our Engineering Division at ext. 8327. KG EXHIBIT ~~,~~~,3 h~ County oC Hawaii is an Equal Opportunity Provider and Employer ,BSB 9 4 Ads LINDA LINGLE CHIYOME L FUKINO, M. D. GOVenmOa _ _ ~ ~ fIIREGTOR OF HEALTH STATE OF HAWAII DEPARTMENT OF HEALTH P..O. BOX 916 FIILO, HAWAII 96721-0916 , MEMORANDUM DATE: August 31, 2005 TO: Christopher J. Yuen Planning Director, County of Hawaii FROM: Aaron A. Ueno- District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ OS-O] 2) Applicant: Jim Winniman Request: CN-10 to MCX-20 Tax Map Key: 2-2-49:24 The Department of Health does not have any objections to the proposed change in land uses. However, existing or planned land use activities adjacent to the residential area should be compatible with a residential neighborhood regarding noise generation. WORD~.REZOS-012.my ~~~j®S. EXHIBIT d._ R W innimanREZ.doc-9/9/05 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION JIM WINNIMAN CHANGE OF ZONE APPLICATION IREZ OS-012) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Duector 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 Neighborhood Commercial 10,000 squaze feet (CN-10) to Industrial-Commercial Mixed 20,000 square feet (MCX- 20) "to utilize the property for more intensive commercial and light industrial uses." The proposed MCX district would allow the cocktail lounge currently on the property (Anna's Lounge) to include live entertainment such as kazaoke. The applicant has no plans to construct a new building on the site. Instead, improvements will be limited to landscaping and interior renovations to accommodate future tenants' needs. Improvement costs are undetermined at this time. Should this request be approved, one of the tenants intends to amend its liquor license to allow live enterainmcnt. The existing CN-10 zoning was appropriate prior to the development of the Kanoelehua Industrial Area. The lack of privately owned industrial properties gradually pushed some light industrial uses north of east Kawili Street, and the general vicinity of the site is now more light industrial and general commercial in nature. The applicant states that given the absence of a residential neighborhood proximate to this azea, the property's zoning has become somewhat functionally obsolete. The existing land uses, visibility and accessibility of this site is better suited for more intensive commercial and light industrial uses. However, the existing CN-10 zoning limits the scope of commercial uses and prohibits any light industrial uses. The applicant believes that the MCX-20 zoning would be more compatible with the surrounding land uses. 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 Neighborhood Commercial (CN-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 standazds of the General Plan in that the proposed development will be developed in an azea adequately served by necessary services such as water, utilities, sewers and transportation systems. The applicant is requesting anIndustrial-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 -2- on the LUPAG Map. This industrial designation includes uses such as manufacturing and processing, wholesaling, lazge 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 mix of commercial and light industrial type of use, which would be suitable in this area. The State Land Use designation for the property is Urban. The property is designated Urban by the Land Study Bureau's Productivity Rating. The Hilo Community Development Plan (CqP) adopted in 1975 suggests the retention of residential uses in this area. However, this azea 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 an improved, approximately 28,264-squaze foot property on the corner of Kawili Street and the unimproved extension of Kalanikoa Street. The property is the site of Anna's Lounge, Ryan's Restaurant, and office uses towards the reaz of the site. Land uses in the immediate azea are a mix of commercial and industrial uses. Hilo International Airport is zoned ML-20 and located northeast of the property. The property is bordered on the east by an auto supply store, and Kamaaina Motors is located across Kawili Street to the south. The closest residences are located to the rear of the property on East Lanikaula Street. bands to the west in the general vicinity are zoned RS-10. TMK: 2-2-49: 261ocated northeast of the property was rezoned from RS-10 to MCX-20 by Ordinance No. OS O1 effective January 11, 2005. All utilities and services are available to the site. Access to the project site is proposed from Kawili Street, a County roadway classified as a secondary arterial of 80 -3- feet width. Kawili Street has 8-10 foot shoulders on the south side, and 4-6 foot shoulders on its north side. There aze two existing driveways on the site. The Department of Public Works recommends that each existing driveway be limited to ingress or egress only. No access is proposed from the unimproved section of Kalanikoa Street. Kawili Street has 8-10 foot shoulders on the south side, and 4-6 foot shoulders on its north side. The Department of Public Works also recommends full improvements to the entire frontage along Kawili Street consisting of pavement widening with concrete curb, gutter and sidewalk along with any utility relocation. County water is available to the site. The property is connected 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 aze 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 storm run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. As the property is developed, no professional archaeological survey was 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. No professional flora or fauna surveys were conducted of the site. The applicant does not believe that raze 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 is fully developed with a cocktail lounge, restaurant and office 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. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special -4- 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 customazy practices of the site: Investigation of valued resources: No forma] azchaeological reconnaissance survey, oral history of kamaaina accounts of the area, historical survey of documentary records, botanical and/or fauna study was submitted. The valuable cultural, historical, and natural resources found in the rezoning azea: As the property is fully developed, 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 aze discovered during the course of improving the site. 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 ri ts: 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 cleazance 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 azea. Thus, it is believed that the project -5- 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 Neighborhood Commercial (CN-10) to an Industrial-Commercial Mixed (MCX-20) district would result in an appropriate land use pattern that will further benefit the general public. The accompanying drafr bill to amend Section 25-H-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- C WinnimanRE7.doc-9/9/05 JIM WINNIMAN CHANGE OF ZONE APPLICATION (REZ OS-012) CONDITIONS OF APPROVAL A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with the "Water Commitment Guidelines Policy" to the Department of Water Supply within ninety (90) days from the effective date of this ordinance. C. Access to the property from Kawili Street shall meet with the approval of the Department of Public Works. D. All driveway connections to Kawili Street shall conform to Chapter 22 (County Streets) of the Hawaii County Code. Each existing driveway shall be limited to ingress or egress only. E. Provide improvements to the entire frontage of Kawili 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. F. All development generated runoff shall be disposed of on site and shall not be directed towazd any adjacent properties. if required, a drainage study shall be prepazed and submitted to the Department of Public Works prior to the issuance of Final Plan Approval for any new structures. 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. G. 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 for any new structures. H. 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 azchaeological cleazance from DLNR- HPD when it finds that sufficient mitigation measures have been taken. I. 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. J. Comply with all County, State and Federal laws, rules, regulations and requirements. K. 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 to 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 aze not required. L. 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 aze 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 yeaz may be extended for up to one additional yeaz). 5. If the applicant should require an additional extension of time, the -2- Planning Department shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the azea to its original or more appropriate designation. -3- COUNTY OF HAWAII STATE OF HAWAII BILL NO. _ (PLANNING DEPT) 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 NEIGHBORHOOD COMMERCIAL (CN-10) TOINDUSTRIAL-COMMERCIAL MIXED (MCX-20) A'C WAIAKEA, SOUTH HILQ, HA~VA[`I, COVERED BY TAX MAP KEY 2-2-4924. BE [T 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-20j: Begimiing at the southeast comer of this parcel of land, and on the north side of Kawili Street, the coordinates oCsaid point of beginning referred to Government Survey Triangulation Station `"HALA[" being 3893.00 feet South and ]0770.75 feet East and running by azimuths measured clockwise from Tnie South: 1. 90° 00' 12l .75 feet along the north side of Kawili Street; 2. Thence along the intersection of Kawili and Kalanikoa (not constructed) Streets, along a curve to the right, having a radius of 20.00 feet, the chord azimuth and distance being: 135° 00' 28.28 feet; 3. ] 80° 00' 180.00 feet along the east side of Kalanikoa Street (not constructed); 4. 270° 00' 14l .75 feet along Lot l (Grant 12693 to Kenneth H.K. Young) and Lot 2 (Grant 12695 to Eliza C.Y.C. Young); -1- 5. 360° 00'= 200.00 feet along Lot 6 to the point of beginning and containing an area of 28,264 square feet. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code, the County Council finds the following conditions are: (1) Necessary to prevent circumstances which maybe 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. _2_ SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HA WAI`I INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3- RS16 __-~YO -M H - --RS-10- RS~iB r ' MCX-20 - - - - - - - ' - W - H 0 N J k it ~ RSdO RS-f0 RS-10 g ~ I RS-10 ~ ~ i, ~ M -fa ~ g ~ ~ E Lanikaula St ~ ti ~i o m II- o n o U - RS-f0 y ML-20 I- m _ II I ~ ~ ~ III -3 z MCA-1a ~ ~ ~ i ~ - _ R-10 f__-__ CN~10 u i Rs4o NEIGHBORHOOD Rsao 3,893. OS COMMER~~GN-114)__ , rim '(e 10,77 75E ~ TOINDUSTRI L-COMMERCIAL ~ Vii. "HA 1"fa m _ MIXED ~ MGX-20 ~ "~'I~ n 28 26 S0. FT. is'~}i~rs~~~~vu~'sls c -to ,`o E Kawili St MG-fa ML-20 ML-10 ML-20 - ML-10 x 0 o i 3 m - f ~ M~-fa i _ y o Halekauila St - 3 ML-20 _ _~U_ ML-20 ML-20 ~ MGlia 220 110 0 220 440 660 880 L10~ Feei AMENDMENT TO THE ZONING CODE 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 NEIGHBORHOOD COMMERCIAL (CN-10) TO INDUSTRIAL-COMMERCIAL MIXED (MCX-20) AT WAIAKEA, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII MK: 2-2-049:024 Date: Au ust 3, 200 EXHIBIT "A" (dim Winnimana 173) Jim Wannirnar~ REZ PIOo OS-012 Araaeredrraesat to proposed C'offidetiom E The Planning Director recommends an amendment to proposed Condition E as follows: Provide impravements t~* the entire frontage of ~awili Street consisting of, but drainage improvements and any required utility relocation, meeting with the approval of the Department of Public Works, prior to the construction of anv new structures or change in the use ofthe structures."