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HomeMy WebLinkAboutCOM 0679.000 2004-2006Harry Kim Mayor County of Hawaii 25 Aupuni Street, Room 215 • Hilo, Hawai'i 967204252 (808) 961-8211 • Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 Kailua-Kona, Hawai'i 96740 (808)329-5226 • Fax (808)326-5663 January 24, 2006 Honorable Stacy Higa, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Higa and Members: ,4-'hange of Zone Application (REZ 05-016) Applicant: Janice Oshiro Request: RS -10 to CG -10 Tax Map Key: 2-2-28:30,32,33 State Land Use Boundary Amendment Application (SLU 05-006) Request: Agricultural to Urban Change of Zone Application (REZ 05-020) Request: A -la to MCX-la Applicant: Timothy Lynn Gardner Tax Map Key: 1-5-7:53 Repeal of Change of Zone Ordinance No. 487 Initiator: Planning Director Tax Man Key' 2-3-36.18; 2-3-37:6,8-20 (formerly 2-3-36:18 & 2-3-37:6) Dixie Kaetsu Managing Director Barbara Kossow Deputy Managing Director As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above -referenced requests. Sincerely, Harr Mayor Enclosures cc: Planning Department Comm. No. Ref. To: I n f1 n 1 Q'�/_ Havo i'i County is an Gqual Opportunity Provider and Employer R, Dotelu County of Hawaii PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax(808)961-8742 January 24, 2006 Stacy Higa, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Higa and Council Members: Change of Zone Application (REZ 05-016) Applicant: Janice Oshiro Request: RS -10 to CG -10 Tax Map Key: 2-2-28:30, 32, 33 The Planning Commission at its duly held public hearing on January 6, 2006, considered the Change of Zone application filed by Janice Oshiro for approximately 28,002 square feet of land from a Single Family Residential -10,000 square foot (RS -10) to a General Commercial -10,000 square foot (CG -10) district. The property is located along the east side of Kilauea Avenue and approximately 120 feet north of the Kilauea Avenue- Lanikaula Street intersection, Waiakea, South Hilo, Hawaii. A motion was made to send a favorable recommendation with amendments to the County Council. There were four votes in favor of the motion and two against. No other motions were made. The four to two vote constitutes a "no action" by the Planning Commission because of the lack of the five affirmative votes required by Hawaii County Charter, Section 134(I). Under Section 25-2-42(d)(3) and Planning Commission Rules 11-3(b)(2), the Planning Commission's non -action constitutes an unfavorable recommendation. Therefore, the application is being forwarded to you with this unfavorable recommendation, along with a copy of the hearing transcript. We are also enclosing a copy of the Planning Department's Background Report and favorable recommendation, as well as an amendment to Section 25-8-33 (City of Hilo Zone Map), of the County Zoning Code for your consideration. Hawaii County is an Equal Opportunity Provider and Employer Stacy Higa, Chairman and Members of the County Council Page 2 Should you have any questions, please feel free to contact Norman Hayashi of the Planning Department at 961-8288. Sincerely, Z C. o Almeda, Chairman Planning Commission cc: Mr. Sidney Fuke Ms. Janice Oshiro Department of Public Works Department of Water Supply Planning Department — Kona Rodney Haraga, Director -DOT, Highways, Honolulu Department of Land and Natural Resources/HPD-Kona PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT JANUARY 6, 2005 A regularly advertised hearing on the application of JANICE OSHIRO (REZ 05-016) was called to order at 9:04 a.m. in the County Building, Councilroom - Room 201, 25 Aupuni Street, Hilo, Hawaii, with Chairman C. Kimo Alameda presiding. PRESENT: C. Kimo Alameda Fred Galdones Bill Graham Andrew Iwashita Jeffrey McCall Rene' Siracusa ABSENT & EXCUSED: Allen Salavea Ivan Torigoe, Deputy Corporation Counsel Christopher J. Yuen, Planning Director Norman Hayashi, Planning Program Manager Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner Hannah Springer Rodney Watanabe And approximately 16 people from the public in attendance. APPLICANT: JANICE OSHIRO (REZ 05-016) Action on an application for a Change of Zone for 28,002 square feet of land from a Single Family Residential — 10,000 square foot (RS -10) to a General Commercial — 10,000 square foot (CG -10) district. The property is located along the east side of Kilauea Avenue and approximately 120 feet north of the Kilauea Avenue — Lanikaula Street intersection, Waiakea, South Hilo, Hawaii, TMK: 2-2-28:30, 32 & 33. ALAMEDA: Application No. 1, Unfinished Business, this is Janice Oshiro (REZ 05-016). And this is action on an application for a Change of Zone for 28,002 square feet of land from a Single Family Residential — 10,000 square foot (RS -10) to a General Commercial — 10,000 square foot (CG -10) district. The property is located along the east side of Kilauea Avenue and approximately 120 feet north of the Kilauea Avenue — Lanikaula Street intersection. This is a continuance. And if the staff could share a little bit of review again on the background and, also, if you could share kind of like timeline restrictions on this one. Thank you, Jeff. Go ahead. DARROW: Thank you, Mr. Chairman and Members of the Planning Commission. Good morning. If I can direct your attention to the location map, just for orientation. This is our third hearing on this matter. The area of this application is within the South Hilo District of ATTACH: Come. 679 (Bill 219) Hawaii. More specifically, we're looking at east Lanikaula on this white line moving in a west - east direction, and we have Kilauea Avenue moving in a north -south direction. The location of the application is identified in blue. For zoning identification, the colors identified in the area, the yellow represents Single Family Residential - 10,000 square feet. The darker shaded areas are General Commercial. We have General Commercial - 10,000 square feet located to the north of the application; and across the street to the west we have General Commercial - 20,000 and 10,000 square feet. The applicant in this case, Janice Oshiro, is requesting a change of zone from Single Family Residential - 10,000 square feet to General Commercial - 10,000 square feet for 28,002 square feet of land. This is comprised of three separate properties identified on the plot plan submitted by the applicant, Lots A, B, and C, C being a road lot. The applicant proposes to convert the existing structures into office space. This is our third meeting on this application. At our first meeting, October 7`h, a motion was made for a favorable recommendation; the motion did not pass with four ayes and three nays. We had our second hearing on December 2"d, a motion was made for a favorable recommendation; and, again, the motion did not pass with four ayes and two nays. This is our third hearing on this matter and the 90 days will expire as of tomorrow. The Planning Director is recommending that the Planning Commission send a favorable recommendation to the Hawaii County Council. Are there any questions? ALAMEDA: Commissioners? Mr. Darrow, I do notice revised conditions. DARROW: Thank you for bringing that to my attention. The Planning Department has submitted a revised set of conditions. It will be our second revised. And this is implementing the conditions that were referred at our last meeting. Also we've received a correspondence this morning from Mark Allan Goldman; and this is in response to this application. Thank you, Mr. Chairman. ALAMEDA: Commissioners, any questions for staff? Okay, will the applicant or representative please come forward. FUKE: Good morning. ALAMEDA: Good morning. Will you please raise your right hand. FUKE: Sure. ALAMEDA: Do you swear or affirm to tell the truth now before the Hawaii County Planning Commission? FUKE: I do. ALAMEDA: Could you please state your name and address for the record. 2 FUKE: Sure. My name is Sidney Fuke. I'm a planning consultant. I'm assiting the applicant Janice Oshiro on this matter. My business address is 100 Pauahi Street, Hilo, Hawaii. ALAMEDA: Mr. Fake, have you received the second revised conditions? FUKE: No, I have not. But I would assume that those were pretty much along the lines of what were discussed at the last meeting, kind of like construction time limitation and setback, and the height being consistent with the residential zone, existing residential zone. ALAMEDA: Okay. You have anything to add or any further thoughts? FUKE: Well, I think that this matter has been discussed like at a couple of meetings and has been well articulated, you know, both by the Commissioners and the public; and, you know, we've tried to respond to them. At the last Commission meeting, of course, in response to concerns raised by a neighbor, you know, I think Ms. Black is over here, we did try to ameliorate those kinds of concerns by making those suggestions and, you know, to address viewplane, the issue about like compatibility, you know, visual compatibility with some of the adjoining residential areas. So, I think, if there are any questions that the Commissioners may have, then, you know, I'd be open to them. Otherwise I think it has been said, and asked, and answered. ALAMEDA: Fellow Commissioners, you have any questions for Mr. Fuke? IWASHITA: I have. ALAMEDA: Sure, Commissioner Iwashita. IWASHITA: Mr. Fuke, we received this morning from Dr. Mark A. Goldman, Ph.D. expressing concerns about taking residential property out of the, or the reduction of residential lands by virtue of this application. I'd like your, I don't know, if you feel appropriate, any comments on that concern. FUKE: Yeah. I think that, you know, one of the basic tenants that, you know, the County has in terms of guiding the growth of any area, like whether it's the City of Hilo, the whole island, you know, you do have your General Plan; and within the structure of the General Plan framework you try to direct where these growths should occur, where your commercial activity should be, where your residential, industrial, agricultural, so on and so forth. And I think that if you, and that's a public policy document that has had extensive public review, participation and ultimately adopted by the policy makers, you know, which is the County Council and ratified or, excuse me, signed into law by the Mayor. And so in this particular area, the General Plan suggests that this area should be commercial, and so I think by having this, and at the same time the General Plan suggested that this area be commercial. It also suggested other areas be set aside for residential expansion. And so you do have, what you may potentially lose in this area, you'll potentially gain in other areas. The other thing to bear in mind is that by having the, a commercial zone does not preclude any residential activity. The present residential zone allows only for basically two dwellings, you know, what you see on that property. By having the property rezoned to commercial, if there is a strong market demand for commercial, excuse me, residential activity then what you do is you create the potential for apartments, or condominiums, or whatever to be constructed on the property. So I don't think you necessarily foreclose a residential option, actually you enhance it, provided that, of course, there is a residential demand or that market demand for it. ALAMEDA: Commissioner Iwashita, any follow up? IWASHITA: On another area, one of the things that's of interest to me is that there's, there has been really relatively limited community kind of input on this development as compared to what I'm told happened with the extension application for the Takase property which adjoins it, and there was quite a bit of input there, and other Commissioners have expressed concern in other matters about needing to get more community input. And I would, you know, because in my view this is another one of these encroaching kind of applications in this houselot area along the, you know, this is on the opposite side of where we've had other applications. And I really would like to see a lot more community input, and I know the rules don't require the applicant to make such efforts to get community input. I don't know, any comments you have on how we can get, you know, maybe not in this particular application cause now we're right up against the deadline, but I really see the community's input, especially those in the houselot area, some active involvement in developers coming in and making these kind of applications, how we can get more input? Because it's really interesting to me that there was interest in the extension of the Takase project when that came up and got quite a bit of opposition from what I understand and then in this one, you know, right next door basically nothing or very little. FUKE: Well, initially in terns of the, like the public participation process, of course, you know, this is one means; and there is a requirement that notices be sent out to surrounding property owners and, you know, that's a technical requirement. And in addition to that the Council recently adopted a provision that requires signs actually be physically posted, you know, on the respective properties for the zone change. So you do have that opportunity for the public to be informed of any pending projects within an area. In addition to that, I think that what, you know, based on the last public hearing on this matter, as a result of that process, you know, there were concerns raised about the potential visual and other related type of impact to some of the residences not adjoining the property along, you know, on both side of the property, but in the back, which is presently residential zoned. And so, as a result of that process, then, you know, you come up with conditions that try to address those kinds of concerns. I think there is a market distinction between this site versus like other sites that the Commission or the County may have considered for commercial or other type of zoning within the houselot area largely because this is, although technically part of the historical Waiakea House Lot area, fronts a major thoroughfare that leads into and out of the City of Hilo. You know, we all travel in that area, and maybe two or three times a day, and you can readily see that Kilauea Avenue is really like your commercial heart in that area. But nonetheless because of the concerns raised by some of the surrounding property owners on the, I guess what would be on the north, south-east side then, you know, we came up with, at the 0 last Commission meeting, came up with a proposal to say, fine, you know, we'll try to restrict all structures to have more of a residential flavor; and then to that extent you would limit the height of structures to a residential height zone, which is 35 feet. You would respect single family residential setbacks and not allow this property owner to develop fully as allowed by the requested commercial zoning. Because if you have the requested commercial zoning, theoretically you could go up to 10 stories; and theoretically also you could have zero yard setback provided that you have a firewall. But that may not be visually compatible with an area in transition. And so to help address those kinds of concerns then you try to come forth with some ameliorative type of conditions as, I think, I believe, what the Director is suggesting. The proposed Condition C requires like all of the structures comply with the height and setback restrictions for the RS district. So, in a sense, in so doing you try to achieve some amount of the visual transition between residential and commercial areas. The other suggestion that was brought up, but it's not incorporated here, is the possibility that, which was absent in the other project that you referred to Commissioner Iwashita, is the possibility of having, you know, prior to the submittal of any new structures on the property that the owner confer with the adjoining single family residential zoned areas, you know, the landowners or their occupants. And it doesn't mean that the single family residential adjoining property owner would have veto power over a person's project, but it's more just conveying a sense as far as like this is what we're proposing, what do you think, you know, can we make some minor adjustments to, you know, to help both sides basically; and indirectly it instills a sense of communication, informal communication between the adjoining property owners. And I've had the discussion with the owner to see whether she would be receptive to being subjected to such a condition if and when there's a new structure being constructed on the property and, you know, she didn't have any problems with that. ALAMEDA: Other Commissioners? Commissioner Siracusa. SHZACUSA: Good morning, Sidney, Happy New Year. FUKE: Good morning. Happy New Year to you, too. SIRACUSA: You might want to rescind that at the end of today. FUKE: Rescind what, oh, the Happy New Year? SIRACUSA: The Happy New Year. FUKE: Oh, no, it will still be happy. SIRACUSA: I had a question last time and staff wasn't exactly sure about the answer, but that was when you weren't here. And so I'll ask, I've been holding on to it. And the question was whether either of these houses are presently occupied, and if not, then how long ago was it that they were last occupied, and why haven't they been rented in the interim? Is it because of this pending application or are there other reasons? FUKE: Thank you very much. Actually I was going to bring it up. I had it in my notes and I forgot. So subsequent to the last meeting, I did talk to the owner and then she did mention to me that both of the homes are being rented on a month-to-month basis since September or October of last year, you know, because of the time that it is taking for this application to go through. So it's on a month-to-month basis. SIRACUSA: And would you happen to know if the rental on these homes, if these would qualify as affordable housing? They don't look fancy so I assume, but better to ask you. FUKE: I wouldn't have an answer to that question no, not really, no. GRAHAM: Mr. Chairman? ALAMEDA: Sure, Commissioner Graham. GRAHAM: One question for Jeff or the Planning Director. Basically our understanding is on the General Plan LUPG map this is high density urban. So like the commercial development would, you know, if this is approved will kind of run out to Lanikaula Street and just be, you know, essentially one lot in from Kilauea there. And I'm just wondering does that map, the boundary of the General Plan land use high density urban or is it in fact the General Plan high density urban actually exceed that so that there might be adjoining parcels coming up for similar rezonings in the future? DARROW: Unfortunately, I had a copy of the General Plan LUPAG Map for this area printed out but I think it's still at the office. What I can do is run back and grab it. But if I recall correctly, this particular area over here and this area is all high density urban; but I need to verify that. But this area here actually is high density urban in the General Plan. But let me verify that; and I'll bring that information to you. GRAHAM: Thank you. I'm not sure how key that is, but it does feel like it's relevant to what we're doing here today, anyway. ALAMEDA: Commissioner Siracusa? SIRACUSA: Yeah. This leads into one of my concerns that -. I mean, a while back that property next door to the blue dot was approved and then now we're looking at the Oshiro property. And I could see where then the next one will, you know, come up, and the one after that will come up, or one a few lots away, and then there will be people applying for the parcels in between. And pretty soon, you know, we're closing in, it's like we're closing in the circle on this residential area until there's nothing left. I know that the General Plan recommends that this area be zoned commercial. But we've also been told many times that the General Plan is recommendation, it's not a mandate. That's number one. And Sidney referred to that and he also said that the County can open up other areas to residential development. Is that correct, Sidney? You did say that just a little while ago. i3 FUKE: Yeah, I think my comment was that when you look at the General Plan where you had additional commercial areas reflected on the revised or the current General Plan, at the same time they also expanded residential areas in other areas. SIRACUSA: Right. But, however, that doesn't address this neighborhood or the impacts of development on these particular neighbors. And I want to point out that you do have a push -me pull -me here because the General Plan also encourages affordable housing. And it seems to me that the two buildings on this Oshiro parcel, they don't look fancy enough to be anything other than affordable. So I, you know, stated before that I didn't feel comfortable taking affordable housing out of the market when we have such a tremendous need. And as I keep going around Hilo, I keep seeing more and more office space available. And so it doesn't seem to me that there is really a lack thereof. Meanwhile I look at, you know, the way the dark colors are encroaching on the yellow here; and I feel like it's just going to keep up a little at a time, and it's like the incredible green blob, you know, slowly creeping along. And Kilauea may be a major artery, and it is, and the traffic is terrible on it. And every time you open up another commercial zoning, it increases the traffic problem. There's more driveways going out from parking lots onto Kilauea. It slows down the traffic and it's already bad. If we keep bringing it more and more in the direction it's going, we're not going to be able to fix the problem at all. So I really have some major problems on a number of levels with this and I have voted against it in the past and I am going to be consistent. ALAMEDA: Thank you, Commissioner Siracusa. Other Commissioners before we entertain testimony from the public? Mr. Fuke, any other comments? FUKE: Well, just one comment, I guess. Like I think that we have to understand that the City of Hilo is growing; and so if there's a demand for affordable housing, then conversely there's also going to be a demand for commercial areas. So, ultimately, you'll have to ask yourself if not here where. And, you know, one of the things that provide the direction, you know, in terms of like where your commercial growth should be, is your General Plan. And so if the General Plan is wrong, then so be it; and, you know, there needs to be like effort taken to address that, and maybe amend the General Plan. But at the same time we need to figure out like where you're going to put your commercial areas. Cause any city is a dynamic city; it's going to grow whether you like it or not. I mean, you know, we have our personal reservations about whether we want more people coming in from the mainland and from the rest of the world into Hawaii and all that stuff; but I can't really see any legal ways that you can prevent that. And so as long as you have, you know, we're living in this western democracy. I mean, like how you're going to be able to say that's no more? And if so, like where, you know, where you're going to be able to direct that? And I think that the whole premise behind planning is that you recognize that growth is going to occur. But the question is how do you and where do you direct it to? SIRACUSA: I would like to clarify that I was not suggesting that we limit immigration into the state or ask our people to stop making babies. What I am concerned about is that, you know, we look at some of the outside areas and we talk about putting some commercial development inside the subdivision so that people don't have to go out on the highway, drive to Hilo or drive a long distance and spew carbon monoxide into the air because they can get things within a short distance from home. And here we have a whole residential area where people can walk to, say, the Hilo Shopping Center and get what they need. And if you slowly change that area a bite at a time, then all those people would have to move into outlying areas and they would be using the cars and we would have the increased traffic from that. And so, definitely, you know, we have to plan where we want the development; and I agree with you on that. I'm just disagreeing with you on where. Thank you. ALAMEDA: Very well. Thank you. Mr. Fuke, you may be seated. DARROW: Mr. Chairman, if I could -. ALAMEDA: Sure. DARROW: Answer Commissioner Graham's question earlier. ALAMEDA: Okay. DARROW: According to the General Plan, Members of the Planning Commission, the high density urban for the General Plan extends in this area down to Kawili, which is Kawili is coming across here. This particular area is medium density urban. This is open. The high density urban is located all in this area, across the street and down to Kawili. In this particular area is medium density urban, and then we have industrial in this particular area. Thank you. ALAMEDA: Thank you. Okay, we do have a testifier from the public today. We have Ms. Robin Black. Please come forward. Aloha, Ms. Black. BLACK: Hi. ALAMEDA: Could you please raise your right hand. Do you swear or affirm to tell the truth now before the Hawaii County Planning Commission? BLACK: I do. ALAMEDA: Thank you. You may pro -. Could you please, again, state your name and address for the record. Okay? BLACK: Robin Black, 43 East Lanikaula Street, Hilo, Hawaii. Hi. Back, again. have this letter, I'm supposed to read this letter. It's probably going to be a little, I'm going to read it after. Couple things I want to address. First of all, we have noted, and when I say we I'm speaking collectively of my neighbors -. And you're a new face to me. I haven't seen you before so hi. And I really appreciated your comments about community input because that's kind of exactly where; we are and we're really between the rock and the hard place. And we need that, and we need it like last year. So thank you for that. And, Rene' the blob is not green. It is a big blob, but it's not a green blob. It's an asphalt blob. So let's just be clear on that one part of it. SIRACUSA: I was speaking metaphorically. I know it's not green. BLACK: I understand but it spoke to my heart. And green is the furthest color from the whole equation. So having said that -. And Mr. Graham, in your comments just now you had it kind of reversed. What you said was that it goes on to Lanikaula Street and it's one property away from Kilauea. It's the opposite. The property is actually on Kilauea and it's one lot away from Lanikaula. So that's just a clarification to your comments when Jeff was up there. And the other question -. Jeff, I was kind of sitting in the back. Can you show me where it goes to Kawili Street, please, on that map, as far as you were saying that the high-, I'm just confused. Actually the real crux of my question is how exactly is the State Department of Agriculture Tree Nursery zoned? DARROW: As I mentioned earlier, it's zoned Open. BLACK: It's zoned Open? DARROW: Correct. BLACK: Meaning it stays put, so it's exempt from that?? DARROW: It's zoned, under the General Plan as well as zoning, it is designated as Open. BLACK: Okay, okay, that's a relief to us. That will stay green is what you're saying? BLACK: Okay. My other concern is that, I don't know, and nobody seems to talk about it — but, you know, we're in the inundation zone. We're actually in the "You Must Evacuate Zone" if there's a tidal wave warning. And nobody ever mentions that or how we keep putting things in that area that make it harder to get out of that area. So that is a concern. And I realize that there's no way of actually predicting where water goes. I think we all saw that. But it's just a bit of a concern. I think it was a little bit more of a concern after that last year's tsunami kind of got the neighbors going. Okay. So I addressed those things. You did mention that there had been kind of a hornet's nest about the rezoning issue for the Takase property. And we had banded together, and fought long and hard, and done our homework, and dotted our "i's", and crossed our "t's", and exhausted ourselves. And it came to one minor concession, which is that they move the dumpster away from our corner and put it out on the street. I saw them building the little dumpster cage the other day, so that's a relief that the dumpsters are being moved away from our yards. We were grateful for that. All the other little concessions that were discussed with the neighbors prior to that rezoning failed to come to pass. 9 So we have a little bit of a "if somebody is going to tell us anything, we really want to see it in writing," kind of thing going on. The neighbors are tired. They're older, they don't have the stomach to come to these meetings. Quite truthfully, I don't know how much stomach I have for any more of these meetings. But I was grateful to receive the letter which at least meant that it wasn't over when I walked out the door last time. So does anybody have anything they want to ask me before I read by dad's letter? Okay, here we go. County of Hawaii Planning Commission regarding Rezoning request for Jan Oshiro. Dear Commissioners: My name is Dr. Mark Allan Goldman. Our family has owned the property at 43 East Lanikaula St. for close to 50 years. My youngest daughter was born there, in the back bedroom, overlooking the property of the rezoning in front of you. Your vote on the matter will represent not only how you feel individually, but as appointees of Mayor Kim, how his administration stands on these issues. Because this rezoning is more than the rezoning of a parcel or two, it will show the people of this island, and those on other islands, how you and Harry Kim stand on two very important issues. 1. One is whether you favor the preservation of residential land as opposed to replacing residential land with commercial land. 2. And the other is how you, and by your vote, Mayor Kim, stand on the issue of land speculation. Affordable housing is mostly a function of land availability. When you take residential land out of availability, you drive up the price of residential land. Are you and Mayor Kim for low or high priced residential land? On the second point. This land was obviously purchased with speculation in mind. Buy, and tum over fast with rezoning. The time line tells you so. Do you as individual commission members, and as Mayor Harry Kim's appointees, support speculation? And I think you should answer these questions before Harry runs for Governor. And that's why I've sent copies of this letter to the various newspaper in the State of Hawaii. And I'm sure they will await a follow up to your vote on this speculative rezoning. Now these are my dad's comments; and he feels pretty strongly although I think he would have preferred to be here and read this to you himself. He was unable to do so. I do want to say separate from this letter that it's not lost on us that there was a willingness on the part of the applicant to make some concessions. For that we are grateful. We just feel like we're in the box. 10 And I know that this other matter is not before you right now because they haven't actually filed any of their paperwork yet to the best of our knowledge. But we're fighting the fight on the other side. Right now as we speak the grading is taking place on Iolani Street for the proposed warehouse which also isn't in the General Plan. And that zoning request hasn't yet hit you; but it's coming. So I appreciate the fact that you see that we're in the middle of a box and that we are slowly being boxed in and, effectively, forced out. But when it comes to our neighborhood, we've been there a long time. We like it there. We like walking where we're going. It's convenient, it's familiar. It's home. And I'd really like to stay. And when you say that the next two lots that are probably going to come up, when your remarks about, oh, then it'll be this one and it will be that one, it will be that one - Well, let me tell you, it won't be any of my three. Okay? Those will stay green. I'm done. ALAMEDA: Thank you, Ms. Black. Any questions, Commissioners? Thank you. You may be seated. BLACK: Thanks. ALAMEDA: Mr. Fuke, you can return to the table. Any other follow-up comments? FUKE: No, not really. You know, as Ms. Black had indicated, at the last meeting we, you know, she had raised essentially the same concerns; and at that time we tried to address them through the various conditions that the Director is now suggesting, to which the applicant is also receptive to. So the only addition, of course, is like, you know, kind of following up with what Commissioner Iwashita was asking about added participation — is that, you know, I kind of like drafted something up not knowing that there was going to be a revised condition. But, you know, there could conceivably be like a condition that would say something like "Further, prior to submittal of plans for plan approval for any new structure on the subject property, the applicant shall confer with owners or occupants of all adjoining single family residential zoned lots." And, again, you know, this is to give the adjoining property owners like Ms. Black an opportunity to comment on the proposed plan. And the Planning Director does have the approval through the plan approval process to require additional setbacks, additional design or, you know, related type of mitigative conditions. So I think this provides an opportunity for the neighbors to get involved in the design aspect; and provided that you can convince the Planning Director that the suggested mitigations are reasonable, then I think they can be accommodated. The only other comment I had to the staff's amended recommendation is that under Condition C, you know, it says like setback requirements for the RS district," I would like to suggest that it be RS -10 district. Because within the single family residential zone, you know, your setback requirements vary whether your property is RS -7.5 or RS -20 zone. You know, so I think what we're trying to achieve here is that the landowner would be given no additional rights over and beyond what the current setback and height requirements are, which is an RS -10 zone. ALAMEDA: Thank you. Director Yuen? 11 YUEN: That last one is fine. ALAMEDA: Thank you. Fellow Commissioners, before we go into our own deliberation, do you have any final questions for Mr. Fuke before I entertain a motion? Okay, this is our third hearing on this matter. So, fellow Commissioners, anybody would like to make a motion either way? Commissioner Siracusa. SIRACUSA: If we're going into deliberation, shouldn't Mr. Fuke sit back? FUKE: Sure. ALAMEDA: Sure. Thank you, Commissioner Siracusa. Commissioner Galdones? GALDONES: Mr. Chair, I'd like, if it's proper at this time, I would like to make a motion. ALAMEDA: Sure. GALDONES: I would like to make a motion that the Change of Zone Application REZ 05-016 be given a favorable recommendation and forwarded to the County Council, along with the revised conditions of approval, and also the amendment to Condition C. ALAMEDA: Motion was made by Commissioner Fred Galdones. Is there a second? MCCALL: Second. ALAMEDA: Seconded was made by Commissioner McCall. Discussion? Commissioner Iwashita. IWASHITA: I just want to make couple of things on the record, noted on the record. First of all I want to acknowledge all the work of the staff and the Planning Director in this and all the other matters that come before us. You know, it is a lot of work. My, how many months, tenure now? I'm one of the members with the least experience on the Commission. And, but, in that time I've observed, and my present perspective is that this application is an example of essentially spot zoning, spot development process that our laws established. And, you know, these laws are the same laws that they have on Maui and the same laws that -we have on Oahu; and, you know, we can keep going down this road. And as Mr. Fuke says if not, where? And, you know, that question will be answered continuously by this body and the County Council and we'll end up with Kihei, Maui, Waikiki, all those wonderful developments that, you know, that we see in our State, not to mention across the country. And so my impression, and for the record, the driving concern that I have that is going to guide my vote on this is that we really need to have more community input, more direct community input in how this and all the other development on this island is going to take. And the County Council early last year established the community development plan process which is being partially implemented at this time, but not in this area. And I think it's important enough, and I'll 12 say for the record, that the community development plan process should be implemented island - wide immediately. And I understand the Director and the Department basically don't have the resources to do that at this time. But until that's done, we will continue on this road of spot development and not having any kind of cohesive plan. Multiple references have been made to our zoning ordinance and the land use planning guides, you know; and those are just that, guides. And, actually, if you just start thinking about all the development that could occur under those zoning laws and so forth, if we made all of those changes, I don't see a good picture for this island's future. So the community development plan process, getting all the neighbors involved -- and I know lots of people are tired by this process, but hopefully the community development plan process will be more engaging and empowering for the people to determine, you know, whether or not this kind of development should occur in their neighborhood -- that is, to me, a lot better process than what we're doing here today. So, Mr. Fuke made the comment that this is an area in transition, we're a growing community; and I think that's all rather obvious. The only question is how we're going to handle it. And in this particular instance I think that it's better to hold off on this application, not allow it to go through, to have the community development plan process worked on, get it done in a couple of years like they did for Downtown Hilo, and then we'll have a comprehensive plan that hopefully most of the people in the community, and especially in this neighborhood for this project, will be able to agree on what the houselot is going to look like, what the area around the University is going to look like, you know, as they have done with Downtown Hilo in the Envision Plan which took about two years to do. I don't think our economy is going to suffer for us going down that road. Thank you. ALAMEDA: Thank you, Commissioner Iwashita. Commissioner Graham. GRAHAM: I want to respectfully disagree with Commissioner Iwashita on one point, that being the spot development. I think spot development has been an issue in this County for a long time, and I'm sort of proud of this Commission in general where I think this Commission has not been willing to do spot developments. And I think just recently a Puna application for a large commercial venture where it wasn't planned was turned down by this Commission in my absence. I too was worried that this might be spot development. But at the first meeting we had on this hearing not only do we have the Takase property on one side not in residential use but I was informed that the property immediately adjacent on the other side through special permit is being used as an office facility, I believe. So, to me, because this conforms with the General Plan, because the properties across the street and the properties on both sides are not being used residentially, to turn this property into other than residential use is not spot development at all. It's really conforming with what adjoins. And I feel that the applicant by agreeing to reduce whatever footprint and size this project has to being no more than what a residential property would have has really addressed the issue of unduly intruding on the adjacent properties which will remain residential. So, to me, I can support this application on those bases. And I just, with my question to Mr. Darrow about the General Plan because there is such an interest in residential in this area and there is such a value to the residential we have, I don't feel like I would want to extend the nonresidential uses father 13 away from Kilauea Ave. than what we already have here now. But I feel like this particular rezoning falls within the spectrum of good planning, so I will support it. ALAMEDA: Other Commissioners before we go into voting? Commissioner Iwashita. IWASHITA: I just want to make clear on the record that my use of that term spot development is not as to this particular parcel. It refers to, if you look at the map that's up there, basically the creep that has gone on from what used to be the urban core or the commercial core as being, you know, basically creeping out. And that is essentially what happened in Kihei, essentially what resulted in what you see on Oahu today. All of that is planned. Everything you see on Oahu is planned. And there are not too many people over there that are very happy about how that worked out. We have all the same laws, we are involved in the same process that ended up with, I'll for the record say mess. And that is why, my point is that the process has to be different, that if you continue this process before this Commission using our current laws that we don't have anything other than that to look forward to; and so we need to take a stand. I'm taking a stand that the community development plan process needed to be implemented immediately for the whole island. And in a couple of years, hopefully, we will have a more comprehensive specific document for each community, including houselots and all the other communities on this island, that will spell out what kind of residential development we want, what kind of commercial development, what kind of industrial, where is it going to be, where is the prison going to be, where is the mental health treatment facility going to be, where all these things are going to be, very specific. And it will be embodied in law, and the Commission will have much less to do. It's the Commissioner Iwashita's work reduction position. ALAMEDA: Thank you, Commissioner Iwasahita. All righty. Looks like we're there already. There was, again, just to remind you, a motion by Commissioner Galdones, seconded by Commissioner McCall, to go forward and approve this application Staff? DARROW: Thank you, Mr. Chairman. Commissioner Graham. GRAHAM: Usually you start with the maker of the motion. DARROW: Oh, I'm sorry. Commissioner Galdones? GALDONES: Aye. DARROW: Thank you. Commissioner McCall? MCCALL: Aye. DARROW: Commissioner Graham? GRAHAM: Aye. DARROW: Commissioner Iwashita? IWASHITA: Nay. 14 DARROW: Commissioner Siracusa? SIRACUSA: Nay. DARROW: And Mr. Chairman? ALAMEDA: Aye. DARROW: The motion does not pass four to two. ALAMEDA: Mr. Torigoe, could you just explain for the public what's the next step for this particular application. TORIGOE: Thank you, Mr. Chairman. Under your Rule I 1-3(b)(2), it says "In the event that the Commission fails to act on the application within the ninety -day period, the application shall be considered an unfavorable recommendation by the Commission, and the application shall be transmitted through the Mayor to the Council with such recommendation." And evidently judging by the vote that was just taken there are not five votes to make a favorable recommendation unless there's some substantial change in the motion and some other, you know, version of it that might pass. But that does not sound like that is likely at this point. ALAMEDA: Thank you, Mr. Torigoe. All right. Next on our agenda, moving forward. TORIGOE: So essentially that would be the end of this agenda item unless someone wants to make another motion and have some other deliberation on it. ALAMEDA: Commissioner Iwashita? IWASHITA: Just a comment -. ALAMEDA: Sure. IWASHITA: To Ms. Black. Did she leave? PUBLIC: She has left. IWASHITA: That's okay. TORIGOE: All right. So I guess in the absence of any further action by the Commission, that would be the end of the hearings on this matter; and it will go up to the Council with a default negative recommendation, along with the record. ALAMEDA: Thank you, Mr. Torigoe. 15 110shiro-REZ05-016 jwd 09-16-05 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT JANICE OSHIRO CHANGE OF ZONE APPLICATION (REZ 05-016) JANICE OSHIRO has submitted an application for a Change of Zone for 28,002 square feet of land from a Single Family Residential — 10,000 square foot (RS -10) to a General Commercial — 10,000 square foot (CG -10) district. The property is located along the east side of Kilauea Avenue and approximately 120 feet north of the Kilauea Avenue — Lanikaula Street intersection, Waiakea, South Hilo, Hawaii, TMK: 2-2-28:30, 32 and 33. APPLICANT'S REQUEST 1. Request: The applicant is requesting a Change of Zone for three parcels of land consisting of 28,002 square feet from Single -Family Residential (RS -10) to General Commercial (CG -10) in order to convert two (2) existing single-family dwellings into office space. The applicant may remove or demolish the structures and erect a new building for office space in the future. The applicant has submitted a site plan that shows the following: • An existing 1,288 square foot single-family dwelling with an existing carport that is proposed to be converted to office space located on TMK: 2-2-28:30. • An existing 1,312 square foot single-family dwelling with an existing carport that is proposed to be converted to office space located on TMK: 2-2-28:32. • Nine (9) proposed parking stalls. • TMK: 2-2-28:33, which is a roadway lot that is presently paved, will be used for access purposes from Kilauea Avenue for TMK: 2-2-28:30 & 32. The cost of the proposed renovation, which would include improving access and the parking area, is estimated at $150,000. 2. Supportive Information: The applicant, who is the landowner of the three (3) parcels, has submitted the following in support of the request: (See Exhibit A — Change of Zone Application) STATE AND COUNTY PLANS 3. State Land Use District: Urban. 4. General Plan Land Use Pattern Allocation Guide Map (LUPAG) Map: High Density Urban. 5. Hilo Community Development Plan (CDP): The Hilo CDP was adopted by the Planning Commission, Resolution No. 1 on May 21, 1975. The Land Use Concept Map identifies the area for a RM -4 designation. 6. Coastal Zone Management, Chapter 205A, HRS: The entire State of Hawaii lies within the Coastal Zone Management Area. The intent of the Coastal Zone Management Program is to guide and regulate public and private uses in the coastal zone management area with respect to recreational resources, historic resources, public access to the shoreline, scenic and open space resources, coastal ecosystems, marine resources, economic uses, coastal hazards, managing development, public participation, and beach protection. 7. Special Management Area (SMA): The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The property is not situated within the Special Management Area. It is located approximately three (3) miles from the nearest coastline and is outside of the tsunami inundation area. DESCRIPTION OF SUBJECT PROPERTIES AND SURROUNDING AREA 8. Subject Properties: The site consists of three (3) separate parcels that total 28,002 square feet in size. The site is located just north of the Kilauea Avenue — Lanikaula Street intersection next to the Lanikaula Professional Center fronting Kilauea Avenue. There are two (2) existing single-family dwellings on the site, along with a roadway lot for access purposes. 9. Surrounding Zoning/Land Uses: Surrounding properties are zoned RS -10 to the east and south, and CG -7.5, CG -10, & CG -20 to the west across Kilauea Avenue, and CG -10 on the adjacent property to the north. The Lanikaula Professional Center, which was approved by Use Permit No. 124, borders the site to the south. The property that borders the site to the north was rezoned to CG -10 and presently has a new office building under construction. The property directly west across Kilauea Avenue, which is zoned CG -10 and CG -20, is the site of Tykes Laundromat and Personal Touch Dry Cleaning. Properties to the east are zoned RS -10, which consist of single-family dwellings. -2- 10. Land Study Bureau's Detailed Land Classification System: Existing Urban Development. 11. U.S.D.A. Soil Type: Olaa extremely stony silty clay loam, 0 to 20 percent (0113). Permeability is rapid, runoff is slow, and the erosion hazard is slight. 12. Flood Insurance Rate Map (FIRM): Parcels 30 and 33 are classified as Zone X, areas determined to be outside the 500 -year flood plain. According to the Department of Public Works, the eastern portion of parcel 32 is located within Flood Zone AE as designated on the Flood Insurance Rate Map by the Federal Emergency Management Agency (FEMA). Flood Zone AE is the Special Flood Hazard Area inundated by the 100 -year flood where base flood elevations have been determined. 13. Flora/Fauna Resources: According to the applicant, no surveys of the floral and faunal resources were conducted, as the site is fully improved and located within an urban environment. The properties have been landscaped with grass and some ornamental plants such as plumeria. 14. Archaeological Resources: According to the applicant, there has been no commissioned archaeological inventory survey and cultural assessment, as the site is fully improved and located within an urban environment. The properties have been in residential use for over 50 years. There are no known archaeological features on the subject site. 15. Public Access: There is no public access to the mountains or the shoreline that run through the property. 16. Valued Cultural Resources: According to the applicant, the site has been fully improved, the prospect of the site serving as a place for gathering of plants is remote, and the subject site is not adjacent and/or proximate to the shoreline so that fishing and/or coastal access is not an issue. PUBLIC UTILITIES AND SERVICES 17. Roadway Access: The property is situated on the east side of Kilauea Avenue. The existing paved driveway is approximately 18 feet wide. Kilauea Avenue has a 60 -foot right-of-way fully improved pavement with curbs, gutters and sidewalk. According to the City of Hilo Zone Map, Kilauea Avenue is proposed to be widened to an 80 -foot right-of-way. Therefore, a 10 -foot road widening strip along the frontage will impact the -3- property. No on -street parking is allowed along this section of Kilauea Avenue. 18. Water System: According to the comments from the Department of Water Supply, parcels 30 and 32 each has an existing service lateral for a 5/8 -inch meter with the Department. Additional water can be made available from a 10 -inch waterline along 19. Wastewater System: The applicant will connect to the existing County sewer lateral within Kilauea Avenue. 20. Solid Waste Disposal: Solid waste will be handled through commercial haulers who will dispose the refuse at the County landfill in Hilo.. 21. Other Essential Utilities and Services: Police services are available at the main station on Kapiolani Street and fire protection services are available at the Hilo Central Fire Station located at the comer of Kinoole Street and Ponahawai Street. Electric and telephone services are available to the site. AGENCIES' COMMENTS 22. Police Department (September 8, 2005): "Staff, upon reviewing the provided documents and visiting the proposed site, does not anticipate any significant impact to traffic and/or public safety concerns." 23. Fire Department (August 25, 2005 Memo): "We have no comments to offer at this time in reference to the above-mentioned Change of Zone application request." 24. Real Property Tax Office (November 19, 2002 Memo): "There are no comments at this time. Current Real Property taxes are paid through June 30, 2006 for parcels "030 & 032". Parcel "033" is a roadway parcel and is not taxed." 25.. Department of Health (August 25, 2005 Memo): "The Health Department found no environmental health concerns with regulatory implications in the submittals." 26. Department of Public Works: (See Exhibit B — September 14, 2005 Memo) 27. Department of Water Supply: (See Exhibit C — September 15, 2005 Memo) 28. Department of Environmental Management: (See Exhibit D — August 23, 2005 K's Memo) AGENCIES - NO RESPONSE 29. Civil Defense Agency, Department of Land and Natural Resources — Land Division and Historic Preservation Division, and Natural Resources Conservation Service APPLICANT'S SUBMITTALS 30. The applicant has submitted several letters in response to agency comments. (See Exhibit E — Letters dated September 15 and 19, 2005) PUBLIC COMMENTS 31. The Planning Department has received the following letter: Letter) Bruce A. Hansen of Concept Development: (See Exhibit F — August 30, 2005 -5- APPLICATION FOR COUNTY REZONING (RS -10 to CG -10) Applicant — Janice Oshiro Waiakea, South Hilo, Hawai' i TMK: (3)2-2-028:30,32,33 Prepared For: Janice Oshiro Prepared By: Sidney M. Fuke, Planning Consultant August 2005 CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Janice Oshiro APPLICANT'S SIGNATURE: ADDRESS: c/o Floral Mart 738 Kinoole Street Hilo, HI 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.)935-6344 (ReS)935-6344 (Fax) LANDOWNER(S): Janice Oshiro LANDOWNER SIGNATURE(S): DATE: 8/05/05 8/05/05 �—( ay be by letter) LANDOWNER(S) ADDRESS: Same as applicant REQUEST: RS -10 CG -10 pasting Zoning) (Proposed Zoning) TAX MAP KEY: 2-2-28:30,32,33 STREET ADDRESS OF PROPERTY: 1465 Kilauea Avenue SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 28,002 square feet AGENT: Sidney M. Fuke Planting Consultant ADDRESS: 100 Pauahi Street, Suite 212 Hilo, HI 96720 TELEPHONE: (Bus.) 969-1522 (Res.) (Fax) 969-7996 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Sidney Fuke COPIES: Janice Oshiro (See Instructions on Reverse Side) ATTACHMENT Commercial, RM, Resort, 5 Industrial PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. if your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? No If yes, please answer the rest of question I and then to quesf—ion 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. If you nave no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? No b. Sell or lease the land to someone who has tentative plans? No C. Sell or lease the land to someone who has no plans? No 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. ?. 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. Utilize the existing dwellings for office; may demolish and construct new office building in future. 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 to accompanying planning and environmental report 6. Are there any buildings on the subject area? Yes If so, what kind? 2 single family residences What do you intend to do with those buildings if your request is approved? Convert them into office 7• Is the subject land currently being used for any agricultural activity? No if so, please list the kinds of products grown on and how many square feet or acres of land per product? -3- 8. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. 9. Do you think that the roads leading to the subject area needs improvement? No If so, what kind? Is the road adequate for the proposed traffic volume or load? Yes 10. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? -4- yes NO a. Schools x b. Roads x C . Sewer x d. Drainage x e. Police Protection x f. Fire Protection x g, Recreational Facilities x h. Recreational Facilities x 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. inasmuch as the site has been cleared in the Signature: Address: 738KinooleStreet Hilo,HI 96720 Telephone: 935-6344 Date: August 5, 2005 -5- 6338A/50A P. D. 5/84 COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST — RS -10 to CG -10 JANICE OSHIRO WAIAKEA, SOUTH HILO, HAWAII TAX MAP KEY: (3) 2-2-28: 30, 32, 33 The applicant, Janice Oshiro, is requesting the rezoning of three (3) contiguous parcels of land consisting of a total of 28,002 square feet from Single-family Residential (RS -10) to General -Commercial (CG -10) in the City of Hilo, Hawaii. The subject site is located on the east side of Kilauea Avenue, adjacent to and south of a 2 -story office building that is presently under construction. The subject site is more specifically identified and located in Waiakea, South Hilo, Hawai i, TMK: (3) 2-2-28: 30, 32, 33. There is a single-family residence on two of the lots. The remaining lot is a road lot. If successful, the applicant plans to convert the existing dwellings into office space. However, at some point in time in the future, the applicant may remove or demolish the structures and erect a new building for office space. II. PROJECT LOCATION As noted earlier, the subject site consists of three (3) contiguous parcels. There are two (2) single-family dwellings on the site. The subject site is located on the east side of Kilauea Avenue, adjacent to and south of a 2 - story office building that is presently under construction. The Church of Jesus Christ of Latter Day Saints is located north of the new office building. On the south side of the subject site and at the corner of Kilauea Avenue and Lanikaula Street is a medical/dental complex. There is a Laundromat and other commercial uses located across of and on the west side of Kilauea Avenue. (Figures 1 & 2) In this general area, there are commercial uses fronting Kilauea Avenue. There are residences to the rear or east of the subject site. There is a mixture of commercial and residential use along the cross streets between Kilauea Avenue and Kinoole Street. It is visually evident that commercial uses are gradually emerging in certain areas of the Waiakea House Lots, as well as that area between Kilauea Avenue and Kinoole Street up to Lanikaula Street. * 1465 Kilauea Ave Hilo, HI 96720-4209 �A<7 !'River St FIGURE I E Pfflani St Hualani St ast Lill Le I al i St.: IL --JI F�I �t!61�lst � •'' V 1 V L=t1F 13L� �kel a St 02005 r � � tre Q It nti^ �3 St Q( • 9 =ate ^Q .. �`ao, r ,•"'p tf f ♦ O • .0 tcs •S Q �Y j • ry W '. y Q� / ell Y• t YY ST x �♦ Y riuue. a "r' rur n —� x x o SUBJECT SITE i FIGURE 2 III. PROJECT DESCRIPTION A. Project Concept Over the past few years, there has been a flurry of residential land development activities Statewide. Hilo has also participated in this growth activities, a growth that has resulted in increased demand for additional commercial office and retail spaces. As such, the applicant believes that the conversion of these two dwellings in an area surrounded by commercial uses would be appropriate. The surrounding land uses, visibility, and accessibility of this site make it attractive for commercial uses. The applicant has already received interest from prospective tenants in the insurance and real estate business. Because of the residential uses to the rear of the proposed site, the applicant believes that the retention of the dwellings would be visually consistent and/or compatible with this area. In the event a new office building were to be constructed on the site in the future, there would be appropriate setbacks and landscaping to accommodate the surrounding residential uses. B. Proiect Components There are two (2) single-family dwellings on the on the subject site. The dwelling closest to Kilauea Avenue has a floor area of approximately 1,288 square feet, while the other dwelling has an area of about 1,312 square feet. Both of the structures are single - story, with a height of no more than 25 feet. The total gross floor area is 2,600 square feet. To accommodate the parking needs of this project, the applicant intends to provide a minimum of 9 on-site parking stalls. Based on a parking ratio of one (1) stall per 300 square feet of gross floor area, the combined 2,600 square foot structures would require a total of 9 stalls. if needed and/or required, additional stalls can easily be provided on site. There is a single driveway access to the site from Kilauea Avenue. (Figure 3) At this time, 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 and ADA requirements. 2 anN§1\,v v�inv9x FIGURE 3 wea C. Project Timetable and Cost If the request were approved, the applicant intends to finalize her construction plans to convert theses dwellings for general office use. Tentative plans call for occupancy to occur by mid 2006. The cost of the proposed renovation (which would include improving the access and parking area) is estimated at $150,000. 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 High Density Urban district. The properties to the site's immediate north and west are zoned General Commercial (CG -10 and CG -20). The medical/dental office to the south, although zoned Single-family Residential (RS - 10), is a commercial office use. It was permitted through a Use Permit, a process that has since been eliminated from the Zoning Code. Relative to the High Density Urban designation, the General Plan allows consideration for "General commercial, multiple -family residential and related services (multiple family residential — up to 87 units per acre). As such, the requested CG -10 zoning would be consistent with this designation, and no General Plan amendment is necessary. C. Hilo Community Development 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 RM -4 designation for this area. Notwithstanding this inconsistency, however, it is acknowledged that the growth of Hilo and its outlying areas like Puna, have made some of the planning assumptions of the CDP obsolete. An updated CDP would be timely. Absent the availability of a relevant intermediary planning document, one must rely only on the General Plan LUPAG map and policies. In the end, the General Plan is more critical, as the County Charter requires all zone changes to be consistent with it. D. County Zoning The County zoning of the subject site is Single-family Residential (RS -10). If the General -Commercial (CG -10) request were approved, the site would accommodate uses that would be permitted under the CG zoning. These uses would range from offices and possibly retail and related uses. As noted earlier, the type of uses would be generally compatible with the surrounding area. E. Other Permitting Considerations The site is not located within the County Special Management Area (SMA). As such, no SMA Use Permit would be required. However, other construction -related permits are still 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 Description The 28,002 square foot site is generally shaped like a rectangle. It has a frontage of 114+ feet and a depth of 256+ feet. The site was formerly used residentially. As such, it is fully improved. The two dwellings are presently vacant. B. Climate, Soil and Topography According to the State Commission on Water Resource Management, the nearest rain gauge in this area is the Hilo Airport. The rainfall data of this gauge notes that over the past 37 years, the annual median rainfall for this area was 131.1 inches. The wetter months tend to occur between October through April. The average daily temperature ranges from a minimum of 61 degrees to a maximum of 79 degrees Fahrenheit. Wind patterns are generally tradewinds (easterly) during the day, and westerly or mountain winds during the evenings. 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 classified under the Agriculture Lands of Importance to the State of Hawaii (ALISH) classification system. Thus, the State's classification system does not recognize this site as being agriculturally important. The U. S. Soil Conservation Service, however, has designated the soil type in this 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. It should be noted, however, that properties to its rear fall within the VE zone. That area is identified to be part of the Palai Stream. As there will be added level of impervious surface resulting from the new paved parking area, drywells may be needed. Aside from the potential drywell(s), no additional drainage improvements are being contemplated. 2. Tsunami Hazard The site is situated over a mile 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 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 survey 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 residential landscaping. These include a lawn and some ornamental plants such as the plumeria. Given its current residential and surrounding commercial uses, it is unlikely that the site would serve as 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 residential use of over 50 years minimizes the prospect of finding any archaeological remains on the site. No physical improvement to the ground, aside for the paved parking area, is contemplated at this time. However, should any anticipated archaeological features or sites be uncovered during the course of making the parking lot or any other improvements, work in the affected area will immediately cease and the applicant will notify the Planning Department. G. Valued Cultural Resources In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka Aina"decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated traditional and customary practices of this site. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, fishing and/or coastal access is not an issue. 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 a mile from the coastline. As such, coastal impacts resulting from discharge of drainage systems from the site should not be significant. Being a non -coastal property, no coastal access will be affected. There is a County sewer line fronting Kilauea Avenue. The project will have its wastewater disposed off in this line. As such, potential groundwater and coastal resources impacts would be mitigated. I. Noise, Air Quality, and Dust Impacts The existing background ambient noise levels is associated with the wind, foliage, birds, airport, aviation -use, and traffic along Kilauea Avenue and Lanikaula Street. This is relatively high, averaging about 50 Ldn or even higher during heavy traffic and/or airport use. As noted earlier, vehicular traffic along Kilauea Avenue and Lanikaula Street heavily influence manmade noise in this area. Kilauea Avenue is one of the major arterial leading into Downtown Hilo from the Puna or south side. Lanikaula Street also serves as a major east/west cross-town road, connecting the University with Kanoelehua Avenue. 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. 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 quality 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 a long-term perspective, the project itself is not expected to have uses that generate adverse air pollutants. The only discernible air quality impact would be associated with vehicular traffic to and from the site. While the added traffic will have an impact to the ambient air quality, the impact should not be significant. This is due in part to the higher EPA standards for automobile air emissions and the prevailing tradewinds. The required parking area will be paved with an all-weather, dust free surface. 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 and the creation of the parking area, long term dust generated by the project should be insignificant. 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 Kilauea Avenue or Lanikaula 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 at the moment. In the event a new structure is erected, it would be less than 35 feet, which is comparable to a standard 2 -story residence. Thus, there should be little, if any, visual impacts resulting from this project. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The land uses in the immediate area are a mixture of commercial and residential uses. The commercial uses range from restaurants, laundromat, and general office. For the most part, residential uses are found in the cross streets between Kilauea Avenue and Kinoole Street, as well as to the rear of the subject site. 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 as well as the construction of the parking lot. With the allowance of commercial uses, the site would add to the office/retail synergy of this area. This synergy then can help revitalize and/or stabilize the general area's commercial activities. By helping this area become more successful, it would increase 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 would thus be complementary to those areas. A commercial zoning would also increase the tax revenues to the County. It is unlikely that this request would have adverse real property tax consequences for adjacent properties, as it fronts Kilauea Avenue, which is predominantly commercial. C. Agricultural Impacts The site is and has not been used for intensive agricultural activities. The site has been used residentially for over 50 years. The surrounding area is also heavily urbanized. Even the State ALISH's mapping system does not classify this site. Accordingly, the potential commercial agricultural value of the site - aside from limited domestic purposes - is minute, if at all. VII. INFRASTRUCTURE CONSIDERATIONS A. Road Access to the project would continue from Kilauea Avenue. In this area, Kilauea Avenue has a right-of-way of 60 feet, with 36+ foot wide pavement. There is also a curb, gutter, and sidewalk fronting both sides of Kilauea Avenue, and on street parking is prohibited. If needed, the driveway can be widened to accommodate full vehicular movements (ingress and egress) Kilauea Avenue is a 4 -lane road. As such, the proposed use should not overly complicate through movements. Then, too, the 10 proposed office use should not generate as much turning movements as a retail establishment. B. Water There is a County water line fronting the site along Kilauea Avenue. The project is already serviced and metered by this line. C. Wastewater The project is or will be connected to the County's sewer line. D. Solid Waste Solid waste will be handled by commercial haulers who will dispose of the refuse at the county landfill in Hilo and eventually at Pu'uanahulu, North Kona. Although the applicant does not believe one is needed, If required, a Solid Waste Management Plan can be prepared to help address ways to accommodate and reduce the project's waste. E. Other Government Services As this area is already part of the City of Hilo urban area, it is already being serviced. No extension of government services 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 3 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. Ii VIII. IMPACT SIGNIFICANCE ANALYSIS A. The short-term use of the site would probably be continued residential use. However, given its location, there is a gradual reduction of single-family residential use fronting Kilauea Avenue. This trend, as evidenced by the General Plan LUPAG map, will continue as the City continues to grow. 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 - if needed - will be implemented by the applicant to mitigate potential impacts of this project. 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 be an 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 notified. 12 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 and the two dwellings are vacant, there is no relocation issue associated with the project. D. Alternatives to the Proposed Project 1. No Project Under the status quo alternative, the site would remain in its current residential use. Under this scenario, the site would not be fully utilized in a manner that would be consistent with the surrounding area fronting Kilauea Avenue. Then, too, the expanded type of goods and services this site could provide with the CG zoning would be absent. It may indirectly foster or direct commercial uses in other areas. This could then reduce an opportunity to create a strong commercial core in this area. 2. Development Based on Existing RS Zoning Under this alternative, the land could support two more dwellings under the Ohana zoning provision. The site would be underutilized, given its locational and infrastructure condition. Additionally, given the site's proximity to a heavily traveled roadway and surrounding commercial related uses, residential uses may not be overly attractive. 3. Alternative Zoning Based on the General Plan LUPAG map, a multiple family residential zoning would be possible. However, as noted above, given its location, residential uses may not be suitable in the long run given the function of Kilauea Avenue. Other commercial zonings such as Commercial Office (CO), Commercial Neighborhood (CN) or Mixed Commercial/ Residential (RCX) are possible. While those commercial 13 zonings would be consistent with the applicant's current plans, it may not be suitable in the long run, given the surrounding CG zoning along Kilauea Avenue, 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 multiple -family zoning is possible, the site's proximity to a major highway may as well as the surrounding commercial zoning may make it less desirable. 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 CG -10 zoning alternative. IX. REGULATORY ANALYSIS A. General Plan LUPAG Map 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 High Density Urban, a designation that allows the requested CG -10 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 14 • Provide residents with opportunities to improve their quality of life. • Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. • The County of Hawaii shall strive for diversity and stability in its economic system. • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. Policies • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. The County shall strive for an economic climate which provides its residents an opportunity for choice of occupation. • The County shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. • The County shall encourage the development of a visitor industry which is consistent with the social, physical, and economic goals of the residents of the County. Discussion The request would provide opportunities for the existing structures to house more commercial 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 commercial and business areas, making the site accessible to these uses. 15 At the same time, because of the type of use (commercial office) and its relatively 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, 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. 16 • 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 office areas. This would be an appropriate area, given the site's existing infrastructure. From a visual perspective, since the applicant's plan is to convert the existing structures into offices, the visual impact should not be altered. Should a new structure be erected, its height would not exceed 35 feet, which would be comparable to a standard 2 -story residential structure. Then, too, the site is adjacent to a fairly large office building. All things considered, then, the project does not and should not visually dominate the view plane from Kilauea Avenue. 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 residentially developed and used in the past for over 50 years, 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 commercial corridor along Kilauea Avenue. To mitigate potential visual and noise 17 impact, however, additional landscaping, if required, could be provided adjacent to Kilauea Avenue and to the rear. Finally, the structural standards for a commercial building will be complied with. These include ADA retrofitting, parking, and the like. C. Hilo Community Development Plan As noted earlier, the Hilo CDP was adopted in 7975 by the Planning Commission to serve as a guide to the General Plan. Although the site is designated Multiple -family Residential, many changes have occurred over the past 25 years, making many of the planning assumptions obsolete. As such, the recently updated General Plan — which is the legally operative planning document — provides a better substantive planning and land use measure. D. Zoning If the request were approved, the existing structures would be converted into commercial uses. All requirements relative to height, setback, landscaping, and parking, and the like have been or will be 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. Although the entire State falls within the CZM area, the permitting process is geared for those areas proximate to the coast and identified 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 18 • 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 property; 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. • 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 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: September 14, 2005 T& Christopher J Yuen, Planning Director FRnM nenartmPnt of Puhlic Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 05-016) Applicant: Janice Oshiro Request: RS -10 to CG -10 Tax Map Key: 2-2-28:030, 032, & 033 We have reviewed the subject application forwarded by your memo dated August 22, 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. A drainage study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Dept. of Public Works. The eastern portion of parcel 32 is located within Flood Zone AE as designated on the Flood Insurance Rate Map bythe Federal Emergency Management Agency (FEMA). Flood Zone AE is the Special Flood Hazard Area inundated by the 100 -year flood where base flood elevations have been determined. Construction within the designated flood zone shall conform to Chapter 27, Flood Control, of the Hawaii County Code (HCC). Any earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the HCC. Kilauea Avenue is classified as a secondary arterial of 60' width. Access will be limited to a single location and shall conform to Chapter 22, County Streets, of the HCC. Based on the intended zoning, the curb and sidewalk fronting the subject properties along Kilauea Avenue shall be reconstructed in a manner meeting with the Department of Public Works. Streetlights and traffic control devices shall be installed as required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. Questions may be referred to Kelly Gomes of our Engineering Division at ext. 8327. 00532 EX IBIT KG County of Hawaii is an Equal Opportunity Provider and Employer DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 345 KEKOANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 September 15, 2005 TO: Mr- Christopher J- Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ 05-016) REQUEST: RS -10 TO CG -10 APPLICANT — JANICE OSHIRO TAX MAP KEY 2-2-028:030,032, AND 033 We have reviewed the subject application for the proposed Change of Zone and have the following comments and conditions. For your information, Parcels 30 and 32 each has an existing service lateral for a 5/8 -inch meter with the Department. Based on the prevailing water situation in the area, additional water can be made available from a 10 -inch waterline along Kilauea Avenue, which fronts the subject parcels, with a connection size subject to review and approval during the construction design phase of the proposed development. If the applicant uses the existing structures with minimal changes, the 5/8 -inch meters should be adequate for each office building. The applicant is reminded that each 5/8 -inch meter is capable of an average of 400 gallons per day, or a maximum of 600 gallons per day. Should future usage exceed this amount, then the applicant shall apply with the Department for a larger meter and pay the associated fees and charges, which are subject to change. There are fire hydrants along Kilauea Avenue, approximately 150 feet on either side of the aforementioned parcels. Lastly, should the Change of Zone request be granted, then the applicant must furnish proof that there is a departmentally approved backflow preventer (reduced pressure type) on the subject property just after each meter. If there are no backflow preventers installed, then the applicant must have them installed by a licensed contractor. The installation and assembly of the backflow preventer must be inspected and approved by the Department. The backflow preventer shall be operated and maintained by the customer. A copy of our backflow preventer handout is being forwarded to the applicant to help her understand this requirement. ®5337 Water / ... l�Uater brwgJ rro9reJJ... EXHIBIT The Department of Water Supply is an Equal Opportunity provider and employer To file a complaint of discrimination, writeUSDA, Director,'01}IC Rights, Room 326-W, Whitten Building, 14th and Independence Avenue. SW, Washington DC 20250-9410. Or call (202) 720-5964 (voice and TDD) Mr. Christopher J. Yuen, Planning Director Page 2 September 15, 2005 Should there be any questions, please call Ms. Shari Komata of our Water Resources and Planning Branch at 961-8070, extension 252. Sincerely yours, D.1Pavao, P.E. 010swe copy - (w/enc.) Ms. Janice Oshiro (w/o enc.) Mr. Sidney Fuke (w/o enc.) DWS Cross Connection Section, DWS Microbiology Laboratory Harry Kim Mayor n Barbara Bell Director Nelson Ho Deputy Director tuna ifv1 Lit (7 DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street, Room 210 • Hilo, Hawaii 96720-4252 (808) 961-8083 • Fax (808) 961-8086 MEMORANDUM Date : August 23, 2005 To CHRISTOPHER YUEN, Planning ire or From: BARBARA BELL, Director// Subject: Change of Zone Applicat on (REZ OS -016) Applicant: Janice Oshiro Request: RS -10 to CG -10 TMK: 2-2-28:30,32,33 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: WASTEWATER COMMENTS: ) No comments &-l-Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. } Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii County Code. Complete D.E.M. Sewer Extension Application. Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. Other: ( \ TECHNICAL SERVICES COMMENTS: t�itD 5E3 YWA �' 6 I�lf�7 ,4?Lt7 i_ _ v SOLID WASTE COMMENTS: (� ( ) No comments (�) Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. ( �O Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. ( Ample room should be provided for implementation of a recycling program. ( ) Greenwaste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. (} Construction and demolition waste is prohibited at all County Transfer Stations. yam{ Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on cc: current status. Other: SWD, TSS, WWD Hawai 'i County i5 an equal opportunity provider and employer. 0U45300 EX BIT Harry Kim Mayor Barbara Bell Director Lona Tyson Solid Waste Division Chief County of Hawaii DEPARTMENT OF ENVMONMENTAL MANAGEMENT 25 Anpmd Street, Room 210. Rik), Hawarl 96/204252 (SW 961-8081. Fm (808) 961-8056 October 13, 2003 SOLID WASTE MANAGEMENT PLAN Guidelines INTENT AND PURPOSE This is to establish guidelines for reviewing solid waste management plans, for which special conditions are placed on developments. The solid waste management plan will be used to: (1) encourage recycling and recycling programs, (2) predict the waste generated by the proposed development to anticipate the loading on County transfer stations, landfills and recycling facilities, and (3) predict the additional traffic being generated because of waste and recycling transfers. REPORT The consultant's report will contain the following: Description of the project and the potential waste it may be generating: i.e. analysis of anticipated waste volume and composition. This includes waste generated during the construction and operational phases. Greenwastes will be included in this report for both construction grubbing and future operational landscape maintenance. 2. Description and location of the possible sites for waste disposal or recycling. We will not allow the use of the County transfer stations for any commercial development; commercial development as defined under the policies of the Department of Environmental Management, Solid Waste Division. 3. Since the Department of Environmental Management promotes recycling, indicate onsite source separation facilities by waste stream; i.e. source separation bins of glass, metal, plastic, cardboard, aluminum, etc. Identification of the proposed disposal site and transportation methods for the various components of the waste disposal and recycling system, including the number of truck traffic and the route that truck will be using to transport the waste and recycled materials. Solid Waste Management Plan Guidelines Page 2 of 2 5. The report will include any impacts to County waste and recycling facilities, and the appropriate mitigation measures. All recommendations and mitigation measures will be addressed. 6. Description of the waste reduction component that analyzes techniques to be employed to achieve a reduction goal. 7. Analysis will be based on the highest potential use or zoning of the development. REQUIREMENTS AND CONDITIONS A solid waste management plan will be done for all commercial developments, as defined under the policies of the Department of Environmental Management, Solid Waste Division. 2. We will require the developer to provide or resolve all recommendations and mitigation measures as outlined in the report, besides any conditions placed on the applicant by the Department of Environmental Management. 3. A licensed environmental or civil engineer will draft and certify the solid waste management plan. CONCUR: Barbara Bell DIRECTOR A09JItAIiF'yF �.,':, o. .. .Ii:xtl�din 100 Pauahi Street, Suite 212 • Hilo. Hawaii 96720 Telephone: (808) 969-1522 • Fax: (808) 969-7996 September 15, 2005 Mr. Christopher Yuen, Director Planning Department COUNTY OF HAWA-1 101 Pauahi Street Hilo, HI 96720 Dear Mt. Yuen. Subject: Rezoning Request (REZ 05-016) — Janice Oshiro Hilo, Hawai i, TMK: 2-2-28: 30, 32, 33 • Planting • Variance • Zon,r� • Subarvision • Lana Use Penins • Environmental Reoens Thank you for providing me with a copy of agency comments to date regarding the subject application. We note that the State Department of Health and Fire Department had no comments or objections to the request. The Police Department in noting that it had no objections also added that it "does not anticipate any significant impact to traffic and/or public safety concerns." Your staff, Jeffrey Darrow, provided me with a more detailed outline of the Flood Insurance Rate Map (FIRM) relating to the subject site, a copy of which is enclosed. The map notes that a small portion of parcel 32 is designated "shaded `X"' with the balance in zone "AE". As such, there may be certain development restrictions relative to this site. As discussed with your staff, the present intent of the applicant is to utilize the existing structures. As such, aside from the interior improvements to the structures, the only improvements would be for the parking area. A portion of the proposed parking would appear to be situated within the "AE" area. Should that be the case, the applicant intends to redesign the parking area so that it is entirely outside of the AE zone. In the future, should the applicant or subsequent owner elect to demolish the structure and/or make improvements within the "AE" zone, full compliance with the prevailing rules and ordinance governing improvements within the AE zone will have to be exercised. This may also include an attempt to amend the map. Should you have additional comments or questions regarding this matter, please feel free to contact me. Thank you very much. 'ncerely�p�� 11 tb SIDNEY M. FUKE Planning Consultant o05:155 Copy — Ms. Janice Oshiro w/ enclosures EXHIBIT PGIT2 1 --1 N KILAUEA STF£EY PLAT 3♦ -.-7r, \ ¢P A v CQ O t a CL O o 2 4 C � O Q U E a OO _ _O �J Y O 2) CL U t vuT [! —3 O a; SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212- Hilo. Hawaii 96720 -Planning-Variance-Zoning Telephone: (808) 969-1522 - Fax: (808) 969-7996 - Subdivision - Land Use Permits September 19, 2005 - EnvironmentalReloons Mr. Christopher Yuen, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yuen: Subject: Rezoning Request (REZ 05-016) — Janice Oshiro Hilo, Hawaii. TMIQ 2-2-28:30,32,33 Thank you for providing me with a copy of additional agency comments to date regarding the subject application. Regarding the Department of Public Works' comments, please refer to my letter of September 15 relative to the flood designation. In addition, we would like to note that a drainage plan, if required, could be prepared in conjunction with the permit process for any land disturbance activity so that drainage and related issues can be properly addressed. Relative to access, it will be limited to only the current one. As noted earlier, the applicant's intent at this time is to essentially convert the existing structures into office space. Accordingly, on the request to reconstruct the curb, gutter, and sidewalk, the applicant respectfully requests that this be deferred until such time a new structure on the subject site is developed. In so doing, the cost of the off-site improvements can be amortized with the new improvements. As required by the Department of Environmental Management, the project's wastewater will be connected to the County's line fronting Kilauea Avenue. At this time, no improvements requiring disposal at the County landfill is anticipated. While the applicant has no objections to the preparation of a Solid Waste Management Plan, again, the applicant requests that this be deferred until the development of a new structure on the property. Should you have additional comments or questions regarding this matter, please feel free to contact me. Thank you very much. inFerely� SIDNEY M. FUKE Planning Consultant Copy — Ms. Janice Oshiro w/ enclosures v 052rj� r\..-oncc-l�pt deVr\1-_-�`1OP[T1G-f1i August 30, 2005 County of Hawai'i County Planning Department 101 Pauahi Street Hilo, Hawai'i 96720 RE: Notice of Submittal of Application and Planning Commission Hearing Rezoning Request (RS -10 to CG -10) Applicant — Jan Oshiro, Tax Map Key: 3/2-2-28: 30, 32, 33 Please be advised that we strongly support the purposed change of zone from Single-family residential to General -Commercial for the above listed property. Sincerely, Bruce A. Hansen Concept Construction Inc. cc: Sidney Fuke 004423 558 Kanoelehua Ave., Hilo, Hawaii 96720 808 935-0279 • Fax 808 935-7597 ESIT Builders License Number BC 16835 F ROshiro-REZ05-016.jwd 09-16-05 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION JANICE OSHIRO CHANGE OF ZONE APPLICATION (REZ 05-016) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation of the Change of Zone request be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting a change of zone for three parcels of land consisting of 28,002 square feet from Single -Family Residential (RS -10) to General Commercial (CG -10) in order to convert two (2) existing single-family dwellings into office space. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from a Single Family Residential (RS -10) to General Commercial (CG -10) zoned district will conform to the following goals, policies and standards of the Land Use and Economic Elements of the General Plan. 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. It is also 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 Land Use goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. The proposed request conforms to the goals, policies and standards of the Land Use and Commercial Elements of the General Plan: LAND USE — GENERAL • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Zone urban- and rural -types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. LAND USE — COMMERCIAL Provide for commercial developments that maximize convenience to users. Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. Commercial facilities shall be developed in areas adequately served by necessary services such as water, utilities, sewers, and transportation systems. Should such services not be available, the development of more intensive uses should be in concert with a localized program of public and private capital improvements to meet the expected increased needs. Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. The development of commercial facilities should be designed to fit into the locale with minimal intrusion while providing the desired services. Appropriate -2- infrastructure and design concerns shall be incorporated into the review of such developments. Additionally, in the General Plan, a Course of Action for commercial development within the South Hilo District recommends that "Appropriately located commercial zoned lands shall be allocated as the need arises." This request would be consistent with the urban form depicted for Hilo in that it would add commercial uses serving the surrounding area as well as the Hilo community. In addition, this area of Waiakea is in transition from residential to commercial uses. The proposed change of zone request would further the County's goals of providing an economic environment that allows new or existing businesses to expand and diversify the County's economic base, and thereby also increasing the choice of occupations. The proposed zone request would be consistent with the following goals and policies of the Economic Element. ECONOMIC • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. • Economic development and improvement shall be in balance with the physical, social, and cultural environments of the island of Hawaii. • Strive for diversity and stability in its economic system. • Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. • Strive for an economic climate that provides its residents an opportunity for choice of occupation. • Strive for diversification of the economy by strengthening existing industries and attracting new endeavors. 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 -3- relationship among the various land uses. The requested change of zone to a CG -10 district conforms to the LUPAG Map, which designates the property and its surrounding area as High Density Urban. Such designation may allow general commercial, multiple family residential and related services (multiple family residential --up to 87 units per acre). The State Land Use designation for the subject property is Urban. The Hilo Community Development Plan (CDP), adopted through Resolution No.l by the Planning Commission in 1975, is intended to provide short and middle range implementation strategies for the goals, policies and land use pattern presented in the General Plan. The Hilo CDP Land Use Concept Map identifies the area for a RM -4 designation. However, the Hilo CDP has not been updated to be consistent with the General Plan and complement the ongoing transition from residential to commercial uses. Surrounding lands are in a mix of commercial and single-family residential uses. Adjacent and to the east of the property are single family residences. Adjacent and to the north is a property zoned CG -10 that presently has a new office building under construction. Further north along Kilauea Avenue is the Church of Jesus Christ of Latter - Day Saints. To the south is a property zoned RS -10, which is the site of the Lanikaula Professional Center approved by Use Permit No. 124. The property directly west across Kilauea Avenue, which is zoned CG -10 and CG -20, is the site of Tykes Laundromat and Personal Touch Dry Cleaning. The subject property is also about a block south from the Hilo Shopping Center complex, where there are existing commercial activities. The Hilo Shopping Center complex was developed in the early 1960s. From 1967 to present, numerous parcels in this section of Waiakea House Lots have been rezoned from Single Family Residential (RS -10) to Commercial Office (CO), General Commercial (CG) or Neighborhood Commercial (CN). The rezonings extend from Mohouli Street to Lanikaula Street and Kilauea Avenue to Kinoole Street. The various uses on those parcels include real estate and attorney offices, financial institutions, doctor and medical offices, laundry cleaning facility, restaurants, and other office type of uses. With the adoption of the revised Zoning Code on December 7, 1996 and ratified on April 6, 1999, all Commercial Office (CO) zoned districts were El redesignated as General Commercial (CG) districts. Therefore, the requested CG zoning would be consistent with the existing land use pattern established within this portion of Hilo. In addition, the establishment of office uses would complement the existing surrounding uses. To mitigate any possible visual or noise impacts that the proposed use would have on adjacent residential properties, a condition of approval will be included that the applicant be required to comply with the Planning Department's Rule No. 17 regarding landscaping. Therefore, a favorable recommendation of this change of zone request to CG -10 would be appropriate. The properties are located within an area adequately served with essential services and facilities such as water, sewer, transportation systems and other utilities. Access to the site is from Kilauea Avenue, which is a County maintained roadway with a 44 -foot pavement within a 60 -foot right-of-way width. According to the City of Hilo Zone Map, Kilauea Avenue is proposed to be widened to an 80 -foot right-of- way. Therefore, a condition of approval will be included that a 10 -foot road -widening setback be delineated on the site plan for Final Plan Approval. No on -street parking is allowed along this section of Kilauea Avenue. County water is available from an existing waterline along Kilauea Avenue. The applicant has indicated that it will connect to the existing County sewer lateral within Kilauea Avenue. Conditions of approval are included to reaffirm the sewer system requirements. Police services are available from the main station on Kapiolani Street. Fire services are available from the Hilo Central Station at the comer of Kinoole Street and Ponahawai Street. All other essential utilities and services are available to the property. The project has no severe geological or topographical problem which cannot be properly rectified or which would render the land unusable. Parcels 30 and 33 are classified as Zone X, areas determined to be outside the 500 -year flood plain. The eastern portion of parcel 32 is located within Flood Zone AE as designated on the Flood Insurance Rate Map by the Federal Emergency Management Agency (FEMA). Flood Zone AE is the Special Flood Hazard Area inundated by the 100 -year flood where base flood elevations have been determined. A condition of approval will be added requiring -5- the applicant to conform to Chapter 27, Flood Control, of the Hawaii County Code, for any construction activity within the flood zone. The subject request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not situated within the Special Management Area. It is located approximately three (3) miles from the nearest coastline and outside of the tsunami inundation area. Therefore, the proposed development will not be impacted by coastal hazard and beach erosion. There is no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. Thus, the proposed request and use of the property will not adversely impact those resources. Finally, because the property and surrounding areas have been extensively altered and developed with urban uses, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject properties, nor has the area been identified as a significant botanical or biological habitat. The properties as well as the surrounding area has been developed with the residential and commercial uses and therefore, the protection of traditional and customary Native Hawaiian rights in the area does not apply. Based on the above findings, approval of the Change of Zone request from Single Family Residential (RS -10) to the General Commercial (CG -10) zoned district would result in an appropriate land use pattern that will further benefit the public. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map), Article 8, 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- COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS -10) TO GENERAL COMMERCIAL (CG -10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-28:30,32,33. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), 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 General Commercial (CG -10): Beginning at the northwest corner of this parcel of land and along the northeasterly side of Kilauea Avenue, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI", being 3,225.31 feet South and 7,301.91 feet East, thence running by azimuths measured clockwise from true South: 1. 2530 06' 30" 256.93 feet along the remainder of Grant 4777 to T. Clive Davies; 2. 3400 34' 79.12 feet along Lots 3 and 1; 3. 3580 00' 30.84 feet along the remainder of Grant 4777 to T. Clive Davies; 4. 740 25' 76.92 feet along the remainder of Grant 4777 to T. Clive Davies; 5. 700 45' 30" 169.75 feet along the remainder of Grant 4777 to T. Clive Davies; -1- 6. 1600 06' 114.20 feet along Kilauea Avenue to the point of beginning and containing an area of 28,002 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 1983 (2005 Edition), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -2- SECTION 4. This ordinance shall take effect upon its approval. Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII INTRODUCED BY: COT TWIT, MEMBER, COT J\, TY OF HAWAT'l -3- --CG-7.5 RD -3.75 RS -10 R$40 RD -3.75 RS -10 Lor%o St A RS -10 CG -20 RS -10 CG -7.5 SINGLE-FAMILY RESIDENTIAL (RS -10) TO GENERAL COMMERCIAL (CG -10) CG -20 28,002 SO. FT. RS -,10 RS -10 3,225.31 S CG -10 7,301'.91 E "HALAI"—, CG -20 RS -10 RS -10 CG -10 -10 RS CG -20 RS -10 CG -10 St RS -10 RM -4 i ESBRS-10 RS -10 RS -10 OPEN a St OPEN RS -10 OPEN OPEN RS -10 RS -10 RS -10 M 110 0 220 440 660 880 1100 Feet 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 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL (RS -10) TO GENERAL COMMERCIAL (CG -10) AT WAIAKEA, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII 3:03 7.' A Wshim-REZ05-016.jwd 09-16-05 JANICE OSHIRO CHANGE OF ZONE APPLICATION (REZ 05-016) 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 proposed development shall be established within one (1) year from the effective date of this ordinance. This time period shall include securing Final Plan Approval for the conversion of the single family dwellings into offices from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structures, paved driveway access and parking stalls associated with the development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). C. A 10 -foot wide future road -widening strip along Kilauea Avenue shall be delineated on the plans submitted for Plan Approval review. No structural improvements shall be allowed within this road -widening strip, provided however, that any required landscaping may be permitted within this strip. Further, applicable setbacks shall be taken from the 10 -foot future road widening strip line. D. Access to Kilauea Avenue shall be limited to a single location. All driveway connections to Kilauea Avenue shall conform to Chapter 22, County Streets, of the Hawaii County Code. E. The applicant shall also install street lights and traffic control devices as required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. All of the roadway improvements to Kilauea Avenue shall be completed prior to receipt of a Certificate of Occupancy. F. The applicant shall provide reconstruction improvements to the curb and sidewalk fronting the subject properties along Kilauea Avenue in a manner meeting with the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy. G. All development -generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. H. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works prior to issuance of a construction permit. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy. Construction within the designated flood zone shall conform to Chapter 27, Flood Control, of the Hawaii County Code. Sewer lines shall be installed within the development to connect with the County's sewer system, meeting with the approval of the Department of Environmental Management, and prior to the issuance of a Certificate of Occupancy. K. 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. L. 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 Resource — State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. M. If the applicant, successors, or assigns develop residential units on the subject properties in excess of the units allowed by the current RS -10 zoning, the applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval. The fair share contribution for each lot shall be based on the actual number of residential units developed. -2- The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a combined value of $6,411.25 per multiple family residential unit. The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple family residential unit shall be allocated as follows: 1. $3,162.49 per multiple family residential unit to the County to support park and recreational improvements and facilities; 2. $99.95 per multiple family residential unit to the County to support police facilities; 3. $307.46 per multiple family residential unit to the County to support fire facilities; 4. $137.04 per multiple family residential unit to the County to support solid waste facilities; and 5. $2,704.31 per multiple family residential unit to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exaction or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. -3- O. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. P. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, its successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). S. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Q. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the subject area to its original or more appropriate designation. H