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HomeMy WebLinkAboutCOM 0883.000 2004-2006 +<V OI M'•V Harry Mm Dixie Kaetsu Mayor Managing Director Barbara Kossow • .h « M'+ Deputy Managing Director County of Hawaii 25 Aupum Sheet, Room 215 • Hilo, Hawaii 96720-4252 • (808) 9615211 • Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 a Kailua-Kona, Hawai'i 96740 (808) 329-5226 Fax (808) 326-5663 April 24, 2006 Honorable Stacy Higa, Chairman and Members of the County Council County of Hawai `i 25 Aupuni Street Hilo, Hl 96720 Dear Chairman Higa and Members: Change of Zone Application (REZ 06-000032) Applicant: Kathy Tripp Request: RS-10 to CN-20 Tax Map Key: 2-2-34:12 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 letter and enclosures regarding the above-referenced request. Sincerely, 4WN&) Harry Kim Ci{ Mayor 1.040706may Enclosures cc: Planning Department Hawaii County is an Equal Opportunity Provider and Employer B\,.u age Comm. No. Ref. To: Ref. add _Jlti! - --6 ..t?V OFM f County of Hawaii PLANNING COMMISSION Aupuni Center r 101 Pauahi Street, Suite 3 r Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax (808) 961-8742 April 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 06-000032) Applicant: Kathy Tripp Request: RS-10 to CN-20 Tax Map Key: 2-2-34:12 The Planning Commission, after a duly held public hearing on April 7, 2006, voted to recommend for your approval the proposed legislative bill to change the district classification from Single Family Residential 10,000 square feet (RS-10) to Neighborhood Commercial - 20,000 square feet (CN-20) for approximately 20,000 square feet of land located along the west side of Manono Street, midway between Kekuanaoa Street and Hualani Street, Waiakea Houselots, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicant is requesting the change of zone for 20,000 square feet of land from a Single Family Residential - 10,000 square feet (RS-10) to a Neighborhood Commercial - 20,000 square feet (CN-20) district to convert the existing single family dwelling for retail use for Kilauea Kreations, which is a Hawaiian quilt and gift shop, and convert the rear portion of the property into an 8-stall paved parking area for employees and clients. Hawaii County is an Equal Opportunity Provider and Employer Stacy Higa, Chairman and Members of the County Council Page 2 In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County, but ultimately, on the future development of the whole island. The proposed change of zone request from RS-10 to CN-20 would further the County's goals of providing an economic environment which allows new or existing businesses to expand and diversify the County's economic base, and also increase choice of occupations. The proposed use would be consistent with the following goals, policies and standards of the Economic, Land Use and Commercial Elements of the General Plan. Economic Element: • 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 applicant will be providing residents who live in this area of South Hilo with more opportunities for commercial services and employment. Stacy Higa, Chairman and Members of the County Council Page 3 Land Use Element: • 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. Commercial Element: • Provide for commercial developments that maximize convenience to users. • Distribution of commercial areas shall 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 infrastructure and design concerns shall be incorporated into the review of such developments. The proposed change of zone is located in an area designated in the General Plan to allow neighborhood commercial zoning and village commercial uses. The proposed change of zone compliments the projected commercial needs of residents within this vicinity of South Hilo. Additionally, within 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 Stacy Higa, Chairman and Members of the County Council Page 4 serving the surrounding area as well as the Hilo community. This area of the Waiakea Houselots is in transition from residential to commercial and industrial uses. The proposed rezoning action conforms to the LUPAG Map which designates the area for Medium Density Urban Development. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan represents the document's goals, policies, standards and courses of action to guide the coordinated growth and development of the County. It reflects a graphic depiction of the spatial relationships among various land uses and the expressed policy statements of the document itself. The LUPAG Map, in essence, establishes the basic land use pattern for areas within the County. This area is designated as Medium Density Urban, which may allow village and neighborhood commercial and single family and multiple family residential and related functions (multiply family residential - up to 35 units per acre). The proposed site would be suitable and allow for Neighborhood Commercial uses. The applicant is requesting the change of zone to allow commercial uses on the property. The rezoning reclassification would be a reasonable expansion of commercial activities associated with this designation and the existing commercial uses in the area. The property is situated within close proximity to commercial areas, employment centers and public safety services. There are several commercial and employment centers located within one or two miles from the subject property. These include the Waiakea Center, the Prince Kuhio Mall, Hilo Shopping Center and businesses along E. Lanikaula Street, Kawili Street, Makaala Street, Holomua Street, Wiwoole Street, Manono Street and Piilani Street. Public safety services within the area include the Hilo Central Fire Station located on Kinoole Street, the Police Headquarters located on Kapiolani Street, and the Hilo Medical Center located approximately 3 miles from the property. Surrounding properties are primarily zoned RS-10 with property directly across Manono Street zoned CN-20. Uses consist of vacant lots, existing single family dwellings and several businesses. The nearest dwelling is on the adjacent property to the north. Further north is a commercial area on the comer of Manono Street and Piilani Street, which includes Manono Mini Mart and Freddy's Restaurant. To the east across Manono Street is a vacant lot zoned CN-20 and the Atebara Potato Chip Factory. Further east across Hinano Street is Big Island Candies on property zoned CG-20. The owners of the adjacent property to the south have recently submitted a change of zone application from RS-10 to CN-20 to develop an approximately 7,200 square foot, single-story structure to be divided into several bays, which would be rented for office or retail use. Further south is the Cole Drafting Service and single-family dwellings. On the adjacent property to the west is a church. Further west across Mililani Street is the Waiakea Villas Complex on property Stacy Higa, Chairman and Members of the County Council Page 5 zoned V-.75. Additionally, there have been several properties in the area that have been rezoned for commercial uses. The proposed change of zone would, therefore, complement the existing commercial land uses, be consistent with the transition from residential to commercial occurring in the immediate vicinity and provide for an orderly commercial development of the area. The property is located within an area adequately served with essential services and facilities such as water, sewer, transportation systems and other utilities. The property is connected to County water and to the County's sewer system. The applicant will be required to prepare a Solid Waste Management Plan and submit it to the Department of Environmental Management for its review and approval. All other essential utilities and services are available to the property. As the request is a change from a Residential (RS-10) zoned district to a Commercial (CN-20) zoned district, various requirements are being imposed in order to bring the existing infrastructure up to commercial standards. A paved driveway and parking area shall be installed for the commercial uses. Further, to mitigate any potential noise and visual impacts to adjacent neighbors, a landscaping buffer shall be provided in accordance with the Planning Department's Rule 17 and Plan Approval requirements. This mitigation measure will ensure that any proposed commercial uses fit into the locale with minimal intrusion while providing the desired services. Existing access to the property is from Manono Street, which has a 50-foot wide right-of-way with 20 to 22-foot wide pavement and paved shoulders. According to the City of Hilo Zone Map, Manono Street is proposed to be increased to a 60-foot wide right-of-way and, therefore, the applicant will be required to provide a 5-foot wide future road-widening strip along the Manono Street frontage of the property. The applicant will be required to provide full improvements to the entire frontage along Manono Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation. Additionally, access to Manono Street will be limited to a single location. As a result of the proposed new roadway improvements, any increase in traffic at the site generated by commercial uses can be accommodated. Stacy Higa, Chairman and Members of the County Council Page 6 The property has no severe topographic or geologic problems which cannot be properly rectified or which would render the land unusable for the proposed use. The property is classified as Zone X, areas determined to be outside the 500-year flood plain. The property is also located outside of the tsunami inundation area. The property has been in residential use with the existing dwelling since the 1914, and the Waiakea Houselots has been in urban development since the 1960's. The subject development is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coast Zone Management Area. The property is located more than one-half mile from the nearest coastline. The proposed development will not adversely impact recreational resources, including access to and along the shoreline or to mountain areas, scenic and open space vistas, visual resources to the shoreline, coastal ecosystems and marine ecosystems. Finally, because the property and surrounding areas have been extensively altered with urban development, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the property, nor has the property been identified as a significant botanical or biological habitat. In addition, it is also not anticipated that the proposed development will have any adverse impact on archaeological, cultural or historical resources. Thus, it is also not anticipated that the proposed request will have any adverse impact on archaeological, cultural or historical resources in the area. Based on the above findings, approval of this change of zone request from Single Family Residential (RS-10) to Neighborhood Commercial (CN-20) zoned district would result in an appropriate land use pattern that will further the necessity, convenience and welfare of the general public. For your favorable consideration, an amendment to Section 25-8-33 (City of Hilo Zone Map) of the County Zoning Code is transmitted. Stacy Higa, Chairman and Members of the County Council Page 7 We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, lr C. Kima"Alameda, Chairman Planning Commission LtrippUPC Enclosures cc: Ms. Wailana Herbst Department of Public Works Department of Water Supply Department of Land & Natural Resources-HPD/Kona Rodney Haraga, Director/DOT-Highways, Honolulu BTnpp-REZ06-032-jwd 03-08-06 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT KATHY TRIPP CHANGE OF ZONE APPLICATION (REZ 06-000032) KATHY TRIPP has submitted an application for a Change of Zone for 20,000 square feet of land from a Single Family Residential - 10,000 square feet (RS-10) to a Neighborhood Commercial - 20,000 square feet (CN-20) district. The property is located along the west side of Manono Street, midway between Kekuanaoa Street and Hualani Street, Waiakea Houselots, South Hilo, Hawaii, Tax Map Key: 2-2-34:12. PROPOSED DEVELOPMENT 1. Request: The applicant is requesting a change of zone for 20,000 square feet of land from a Single Family Residential - 10,000 square feet (RS-10) to a Neighborhood Commercial - 20,000 square feet (CN-20) district to convert the existing single family dwelling for retail use. The applicant originally requested to change to CN-7.5, but later amended the request to CN-20. 2. Proposed Development: Plans for the proposed development include the following: • Renovate the interior of the existing building for retail use for Kilauea Kreations, which is a Hawaiian quilt and gift shop. • Maintain the original design of the exterior of the existing building, which was constructed in the 1914. • Convert the rear portion of the property into an 8-stall paved parking area for employees and clients. • A driveway access from Manono Street. The applicant presently owns and operates Kilauea Kreations in Volcano Village, which first opened in 1995. The business has grown and expanded and the applicant is requesting the change of zone to open another facility in Hilo. The business will sell Hawaiian quilts and will offer classes teaching the art of Hawaiian Quilting. According to the applicant, the location is ideal for tourists and locals, being central to the harbor, hotels, airport and the Edith Kanakaole Tennis Stadium, where the annual Merrie Monarch Festival is held. ATTACH: Comm. 883 Bill 281 3. Proposed Site Plan: The existing structure is situated in the middle portion of the property and the parking area will be located on the back portion of the property. The ingress/egress access point from Manono Street is proposed to be on the south end of the property. 4. Supportive Information: The applicant, who is the landowner, has submitted a Change of Zone Application in support of the request. (Planning Department Exhibit 1 - Change of Zone Application) GENERAL INFORMATION 5. Waiakea Houselots: The property is a portion of the Waiakea Houselots, which was created by the Territory of Hawaii in the early 1900's, with lot sizes ranging from 10,000+ to 20,000+ square feet. The Waiakea Houselots area includes the lands bounded by Pidani Street, Kanoelehua Avenue, Kawili Street and Mililani Street. This area encompasses approximately 200 acres of land. STATE AND COUNTY PLANS 6. State Land Use District: Urban. 7. County Zoning: Single Family Residential-10,000 square feet (RS-10). 8. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: The General Plan land use designation is Medium Density Urban, which may allow village and neighborhood commercial and single family and multiple family residential and related functions (multiply family residential - up to 35 units per acre). 9. Hilo Community Development Plan (CDP): The Hilo CDP was adopted by the Planning Commission, Resolution No. 1, on May 21, 1975. The Plan reflects the Waiakea Houselots area for residential uses (RM-4). 10. Chapter 205A, CZM Program: The subject development is not contrary to Chapter 205A, Hawaii Revised States, relating to Coast Zone Management Area. The proposed development will not adversely impact recreational resources, including access to and along the shoreline or to mountain areas, scenic and open space vistas, visual resources to the shoreline, coastal ecosystems and marine ecosystems. 11. Special Management Area (SMA): The property is not within the SMA boundary. It is located more than one-half mile from the nearest coastline. -2- DESCRIPTION OF PROPERTY AND SURROUNDING AREA 12. Subject Property: The property is located at 680 Manono Street. The property is a rectangular-shaped lot consisting of 20,000 square feet with a 100-foot frontage along Manono Street. There is an existing I-story, 1,246-square foot dwelling that is presently vacant, which was constructed in the 1914. 13. Surrounding Land Uses/Zoning: Surrounding properties are primarily zoned RS-10 with property directly across Manono Street zoned CN-20. Uses consist of vacant lots, existing single family dwellings and several businesses. The nearest dwelling is on the adjacent property to the north. Further north are single-family dwellings and the commercial area on the comer of Manono Street and Piilani Street, which includes Manono Mini Mart and Freddy's Restaurant. To the east across Marino Street is a vacant lot zoned CN-20 and the Atebara Potato Chip Factory. Further east across Hinano Street is Big Island Candies on property zoned CG-20. The owners of the adjacent property to the south have recently submitted a change of zone application from RS-10 to CN-20 to develop an approximately 7,200 square foot, single-story structure to be divided into several bays, which would be rented for office or retail use. Further south is single-family dwellings. On the adjacent property to the west is a church. Further west across Mililani Street is the Waiakea Villas Complex on property zoned V-.75. 14. USDA Soil Survey Report: Keaukaha Series (rKFD) extremely rocky muck, 6 to 20 percent slopes. 15. Land Study Bureau's Detailed Land Classification System: Existing urban development. 16. Agricultural Lands of Importance to the State of Hawaii (ALISH) Map: Existing urban development. 17. Flood Insurance Rate Map (FIRM): The property is classified as Zone X, areas determined to be outside the 500-year flood plain. The property is also located outside of the tsunami inundation area. 18. Flora/Fauna Resources: Since 1914, the property has been in residential use with an existing dwelling. Vegetation consists of a lawn and introduced landscaping plants and trees. According to the applicant, there are no endangered or threatened species of plant -3- or animal situated on the property as the surrounding area has been improved with residences for decades. 19. Archaeological/Cultural Resources: There are no known historic sites on the property as listed on the State or National Register of Historic Places. The Department of Land and Natural Resources-State Historic Preservation Division issued a "no-effect" letter stating that DLNR-SHPD believes that "no historic properties will be affected by this undertaking because residential development/urbanization has altered the land and there are no archaeological concerns as residential development has altered the land and intensive agricultural use preceded establishment of the house lots. Existing residence is over 50 years old and as such, it is a historic property. However, no alterations are planned that would alter the integrity of the structure." 20. Existing General Commercial (CG) Areas: At the northern end of the Waiakea Houselots in the vicinity of the Hoolulu Park Complex, one half of the block area bounded by Mililani-Piilani-Kalanikoa-Hualani Streets has been zoned General Commercial (CG-7.5) since the adoption of the City of Hilo Zone Map in 1968. Since 1981, commercial activities have been developing from Piilani Street and moving southerly. The commercial establishments include Itsu's Fishing Supplies, Don's Grill , Credit Union of Hawaii, Manono Mini Mart and other retail stores, and offices. 21. Existing Neighborhood Commercial (CN) Areas: In December 1986, the County Council approved a change of zone request from RS-10 to CN-7.5 for a parcel located at the northeast comer of Kekuanaoa Street and Mililani Street. The Labor's International Union Office is presently established on the property. There are Neighborhood Commercial (CN-10) zoned areas located along Kanoelehua Avenue, between Lanikaula Street and Kawili Street, and along Kawili Street, between Kanoelehua Avenue and Kalanikoa Street, and along Manono Street within the Waiakea Houselots area. 22. Neighborhood Commercial Rezonings in the Vicinity: a. TMK: 2-2-27:42 (19,500 square feet) ---REZ 05-005 Applicant: Timothy DeLozier Request: Change of Zone from RS-10 to CN10 by Ordinance 05-140 effective 10-11-05 to convert the existing residence into an office building to house a -4- mortgage company and another small business. b. TMK: 2-2-36:123 (16,000 square feet) ---REZ 977 Applicants: Stanley and Brenda Maeda Request: Change of Zone from RS-10 to CN-10 by Ordinance 02-11 effective O1-17-02 to construct a two-story seafood retail outlet. C. TMK: 2-2-34:95 (12, 473 square feet) ---REZ 961 Applicants: Bernard and Rita Soares Request: Change of Zone from RS-10 to CN-10 by Ordinance No. 01 31 effective March 21, 2001 to utilize the existing two-story dwelling as a boarding facility and possibly in the future for office rentals. d. TMK: 2-2-34:85 & 93 (67,500 square feet) ---REZ 942 Applicants: George and Adele Hara Request: Change of Zone from RS-10 to CN-20 by Ordinance No. 00 31 effective April 13, 2000 to construct an office building to relocate the accounting and clerical staff for their wholesale grocery business. e. TMK: 2-2-34:35 (22,500 square feet) ---REZ 877 Applicant: Oda-McCarty Architects Request: Change of zone from RS-10 to CN-7.5 by Ordinance No. 98 15 effective February 24, 1998 to convert the existing dwelling into an office building. f. TMK: 2-2-37:16 (12,900 square feet) ---REZ 871 Applicants: Wayne and Barbara Yamanaka Request: Change of zone from RS-10 to CN-10 by Ordinance No. 97 12 effective September 12, 1997 to improve the existing dwelling and buildings and to convert and develop a general store and coffee/deli shop operations. g. TMK: 2-2-34:67 (3.34 acres) ---REZ 861 Applicant: Big Island Candies, Inc. Request: Change of zone from RS-10 to CG-20 by Ordinance No. 97 92 effective July 3, 1997 to construct retail and production facilities. This property was also the subject of a Planning Director initiated General Plan Amendment (GPA 20) from Low Density Urban to High Density Urban by Ordinance No. 97 64 -5- effective May 14, 1997. PUBLIC FACILITIES AND SERVICES 23. Access: Existing access to the property is from Manono Street, which has 20 to 22-foot wide pavement within a 50-foot wide right-of-way. According to the City of Hilo Zone Map, Manono Street is proposed to be increased to a 60-foot wide right-of-way. Access to Manono Street is proposed to be limited to a single location. 24. Water System: County water is available to the property. 25. Wastewater System: The property is connected to the County's sewer system. 26. Police, Fire and Emergency Services: The property will be served by the Hilo Central Fire Station located on Kinoole Street or the 24-hour substation at Waiakea and supported by the additional substation at Kawailani. The Police Headquarters is located on Kapiolani Street, approximately two miles from the property. The Hilo Medical Center is located approximately 3 miles from the property. 27. Other Essential Utilities: Telephone, electrical and cable services are available to the subject property. AGENCIES' COMMENTS 28. Police Department (February 10, 2006 Memo): "Staff, upon reviewing the provided documents and visiting the proposed site, does not anticipate any significant impact to traffic and/or public safety concerns." 29. Fire Department (February 15, 2006 Memo): "We have no comments to offer at this time in reference to the above-mentioned Change of Zone application request." 30. Real Property Tax Division (February 16, 2006 Memo): "Real Property taxes are current and are paid through June 30, 2006." 31. Office of Housing and Community Development (February 27, 2006 Memo): "Affordable housing conditions, pursuant to Hawaii County Code, Chapter 11, Housing, are applicable to the request." 32. Department of Public Works: (Planning Department Exhibit 2 - March 6, 2006 Memo) 33. Department of Water Supply: (Planning Department Exhibit 3 - March 8, 2006 -6- Memo) 34. Department of Environmental Management: (Planning Department Exhibit 4 - May 26, 2005 Memo) 35. Department of Land and Natural Resources-State Historic Preservation Division: (Planning Department Exhibit 5 - February 27, 2006 Letter) 36. Department of Health: (Planning Department Exhibit 6 - February 16, 2006 Memo) AGENCIES - NO RESPONSE 37. Department of Water Supply, Civil Defense Agency and Department of Land and Natural Resources -Land Division. PUBLIC COMMENTS 38. As of this writing, the Planning Department has not received any written comments or objections from the general public or adjacent landowners on the subject application. -7- ? ^ t,~ CHANGE OF ZONE APPLICATION 06 !RN 12 V., PLANN NG [,_I err„E,NT COUNTY OF HAWAII - - COUNTY Or- HAWAII PLANNING DEPARTMENT J (Type or legibly print the requested information) APPLICANT: 'CSC,+rA/ I v-1 P P APPLICANTS SIGNATURE: `ga -KDATE: I I- IqI GS ADDRESS: - ~~K C{S V ( CG( U q l01 LIST APPLICANTS INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: P,OV U cZnd I~N(1c PHONE:(Bus.) b~l --1555 (Res.) 1- B 52'1 (Fax) 9 G -7- 4)o q o LANDOWNER(S): So! and ~Gt Tv i LANDOWNER SIGNATURE(S): DATE: I - 14-05 (Maybe . LANDOWNER(S). ADDRESS: REQUEST: izs k o TO O (Existing zoning) (Proposed Zoning) TAX MAP KEY: 3 - ~ -2-34- 12 STREET ADDRESS OF PROPERTY: LO !bD rA,:~D 0 o S- re-ei- -ht SIZE OF PROPERTY OR AFFEC~T~E~&'D" AREA(S) TO BE REZONED: za, 000 ~ F# AGENT: C~ CU QVI C1 C 1 Iq 5rt ADDRESS: A-U k- 0-A -IOS ~p~y Tl1 Gj~~2-0 TELEPHONE:(Bus.) L135 ~YDOex(~(Res.) (Fax) C.G -9(2) 1 9 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: LODa ICUIO - OW ~kOSt COPIES: Samc- (See Instructions on Reverse Side) Planning Dept. Exhibit W 'M1% 1 3 PM ? 44 FEB Propertied _ COUNTY OF HAWAII February 13, 2006 County of Hawaii Planning Department 101 Aupuni St. Suite 3 Hilo, HI 96720 Change of Zone Application (REZ 06-000032) Applicant: Kathy and Rory Tripp Request: RS-10 to CN-7.5 Tax Map Key: (3) 2-2-34:12 Dear County of Hawaii Planning Director: This is to inform you that we are accepting the recommendation made by Norman Hayashi; to change our application request from RS-10 to CN-20 for the rezoning application mentioned above. This letter shall serve as an amendment to our application and change our request from RS-10 to CN-7.5, to RS-10 to CN-20. Thank you for your assistance. Sincerely Wailana Herbst R(A) 88 Kanoelehua Avenue #A-105 Hilo, HI 96720 (808) 935-9800 ext.105 Fax(808)935-9819 0:.0`•03 ATTACHMENT - - Commercial, RM, Resort, & Industrial PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? _O If yes, please answer the rest of question 1 and then to ques 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. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? - N O b. Sell or lease the land to someone who has tentative plans? C. Sell or lease the land to someone who has no plans? NC7 d. Keep it? 5 e. Other (please state) f. If you -intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. What specific building plans do you have for the subject land? Include in your answer the following: type of building (apartment, office, launderette, etc.); financing arrangement; timetable for construction; and any other information which you feel might help us in evaluating your request. Z5 S4-t, I C'- P ro pP~j.o~~ \"O'-S ~~sr~ Y¢ C~w\ l 1/ 4. Have you performed any study which would demonstrate a need for your proposed building and/or development? PO If so, please elaborate on your findings in the space provided below. -2- 5. Have you per--f-ormed any study which discusses the environmental impacts your request would have on the surrounding area and/or the County? N O If so, please elaborate on your findings in the space provided below. S;v\e_ lC~I c~. TVN:S C e c~ Zc~~ e a.~~~ Com o b Pp C~k~ ~n:S 1 vv~2 6. Are there any buildings on the subject area? E S If so,1 what kind? r moo, What do you intend to do with those buildings if your request is approved? 7. Is the subject land currently being used for any agricultural activitity? QC) If so, please list the kinds of products grown and on 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? tJ If so, please describe the problem. 9. Do you think that the roads leading to the subject area needs improvement? N D If so, what kind? Is the road adequate for the proposed traffic volume or load? 10. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools X b. Roads X C. Sewer X d. Drainage e. Police Protection x f. Fire Protection K g. Recreational Facilities K. h. Public Utilities i. Other -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. Signature: Address: f)C k11 Telephone: Date: ~1~I~ DC -5- 6338A/50A 1-1 BACKGROUND AND ENVIRONMENTAL REPORT Change of Zone Application Rory and Kathy Tripp P.O. Box 959 Volcano, HI 96785 Rory and Kathy Tripp have submitted an application for a Change of Zone to change the district classification from Single Family Residential (RS-10) to Neighborhood Commercial (CN- 7.5) for approximately 20,000 square feet of land. The property is located on the west side of Manono St. approximately 300 to 400 feet south from the corner of Manono Street and Hualani Street in Waiakea Houselots, South Hilo, Hawai'i County, TMK: 3-2-2-34-12. A. Subiect Request Request: Applicants, Rory and Kathy Tripp, owners of Kilauea Kreations, is requesting the change of zone in order to convert the existing, vacant residence to a commercial retail building for Kilauea Kreations, a Hawaiian quilt and gift shop. 1. Details of Proposed Use/Development: The subject property consists of a land area of approximately 20,000 square feet which includes an existing, vacant residence built in 1914 and contains a living area of approximately 1,246 square feet. Plans for the subject development are to include minor renovation of the interior of the existing building for retail use and to maintain the exterior design. The Hawaiiana style of this well-built structure will be preserved and add to the ambiance of the retail space. There are no plans or intensions to subdivide the property or remove the existing structure. Any shrubs or bushes on the property will be removed to make space for the parking lot, driveway and replaced sidewalk (refer to attached plot plan). The back portion of the property will eliminate the need for on-street parking with approximately 8 parking stalls. The number of stalls is only a proposal and will most likely be changed to coincide with the county's requirement or recommendation. The traffic impact will be minimal as business hours are generally 9:30am to 5:30pm, Monday thru Saturday. B. Conformance with State/County Plans 2. State Land Use Designation is Urban. 3. N/A 4. "Manono Street" is in the general plan to be "commercial" thoroughfare per preliminary research with county planning department. This transition from residential to commercial is apparent with the recent conversion of many neighboring parcels from residential to commercial use. Approval of this application advances this goal land trend. Some of the many converted and commercial zoned properties in this plat alone, include parcels: 3-2-2-34-1 (includes dropped parcel 112) zoned CG-7.5, 3-2-2-34-6 zoned RS-10 (PITT Code: 300 Commercial), 3-2-2-34-21 zoned CG-7.5, 3-2-2-34-22 zoned CG-7.5, 3-2-2-34-23 zoned CG-7.5,3-2-2-34-24 zoned CG-7.5,3-2-2-34-25 (40,000sgft includes dropped parcel 26) zoned CG-7.5,3-2-2-34-27 zoned CG-7.5,3-2-2-34- 28 zoned CG-7.5, 3-2-2-34-35 zoned CG-57.5, 3-2-2-34-37 zoned CG-20, 3-2-2- 34-38 zoned CG-20, 3-2-2-34-39 (1.03acres includes dropped parcel 40) zoned CG-7.5,3-2-2-34-41 zoned CG-7.5,3-2-2-34-42 zoned CG-7.5,3-2-2-34-43 zoned CG-7.5,3-2-2-34-53 zoned CG-7.5,3-2-2-34-55 zoned CG-7.5, 3-2-2-34- 56 zoned CG-7.5,3-2-2-34-58 zoned CG-7.5,3-2-2-34-59 zoned CN-1 0, 3-2-2- 34-60 zoned CN-10,3-2-2-34-61 zoned CG-7.5,3-2-2-34-67 (2.83acresincludes dropped parcels 68, 69, 76, 77 & 106) zoned CG-20, 3-2-2-34-85 zoned RS-10 (PITT Code: 300 Commercial), 3-2-2-34-93 zoned RS-10 (PITT Code: 300 Commercial), 3-2-2-34-95 zoned RS-10 (PITT Code: 300 Commercial), 3-2-2-34- 100 zoned RS-10 (PITT Code: 300 Commercial), 3-2-2-34-104 zoned CG-20 and 3-2-2-34-105 zoned RS-10 (PITT Code: 300-Commercial). 5. General Plan designation (LUPAG Map) is Medium Density Urban. Additionally, the proposed project is consistent with the Hawai'i State Plan, following objectives and policies of The Hawai'i State Plan, Chapter 226, Revised Statutes, 1995, particularly those that relate to planning with the environment. Section 226-11, Objectives and policies for the physical environment - land- based, shoreline and marine resources. To achieve the land-based, shoreline and marine resources objectives, it shall be the policy of this State to: *Exercise an overall conservation ethic in the use of Hawaii's natural resources. *Take into account the physical attributes of area when planning and designing activities and facilities. *Encourage the protection of rate and endangered plant and animal species and habitats native to Hawaii. Section 226-12, Objectives and policies for the physical environment - scenic, natural beauty and historic resources. To achieve the scenic, natural beauty and historic resources objective, it shall be the policy of this State to: *Promote the preservation and restoration ofsignifzcant natural and historic resources. *Promote the preservation of views and vistas to enhance the visual and aesthetic enjoyment of mountains, ocean, scenic landscapes and other naturalfeatures. Section 226-17, Objectives and policies for facility systems - transportation. To achieve the transportation objectives, it shall be the policy of this State to: *Encourage transportation systems that serve to accommodate present and future development. As provided in the above State objectives and policies, the proposed project will integrate with the existing site. Considerations in natural resources, view impacts, traffic, cultural background and environmental effects will be undertaken in the sitting and planning of this neighborhood retail operation. The proposed project is designed to improve the surrounding area, increase commercial activity in the area and parking on the property, which are intended for the convenience of customers. 6. The Zoning is RS-10. . 7. The property is in the Hilo Community Development Plan 8. The property is not subject to Special Management Area. C. Physical characteristics and environmental setting of property and surrounding area Physical Characteristics/Environmental Setting 9. Subject property is located at 680 Manono Street, Lot-8, Waiakea Houselots 1st Series, Block 19, Hilo, Hawaii 96720. The lot size is approximately 20,000 square feet and is rectangular in shape with 100 foot frontage by 200 feet deep. The property is fairly level with no severe topographic or geologic constraints. The property includes a 91 year old concrete and wooden residential house with a living area of 1,246 square feet and combined porch space of 402 square feet. Property elevation is approximately 50-100 feet above mean sea level. The area receives on average 90 to 150 inches of rainfall annually. There is little vegetation on the project site. The history is that of a single family residence. There are no unique or endangered wildlife species that occupy the subject property. The predominant species are lowland urban faunal species such as common myna, zebra dove, house sparrow, barred dove, rice finch, Japanese white eye, cardinal, etc. 10. Lava Hazard Zone 3 11. The property is located less than 1 mile from the coastline. 12. N/A 13. U.S.D.A. Natural Resources Conservation Services Soil Service Report soil type: Soils on the site are identified as Keaukaha Serise (rKFD) extremely rocky muck, 6 to 20 percent slopes. The soils consist of well-drained, thin organic soils overlying pahoehoe lava bedrock. In a representative profile, the surface layer is very dark brown muck, about 8 inches thick. The soils above the lava is rapidly permeable. The pahoehoe lava is very slowly permeable, but water moves rapidly through the cracks. Runoff is medium and the erosion hazard is nil to slight. 14. See #13 above. 15. See attached request for Flood Zone Determination dated 11/14/2005. Property is in Flood Zone X per NFIP Map. 16. There is an existing storm water drain on the opposite side of the street where Manono Street and Kekuanaoa Street intersect. There are also several other drains on the opposite corners and sides of Kekuanaoa Street near the intersection with Manono Street. This particular lot sits higher than some of the neighboring lots and is subject to mild pooling of rain. Upon re-zoning approval, dry-wells in the proposed parking lot sufficient to handle run-off and rainwater accumulation will be installed. 17. Noise: There will be temporary noise during the renovation and construction period. Heavy equipment will be used for the paving of the parking lot. Renovation is expected to be completed within three months of project commencement. In the long run, given the nature of the business and since this business operates during the day, this property will contribute little to noise pollution. During the evening hours when neighboring properties are more likely to be occupied, this property will be quieter than most therefore improving the noise quality. Air Quality: Similar to noise, there will be temporary dust generated by the project construction phase. The primary source of this dust would be from grading activity for the parking lot area. Minimal work is needed on the exterior and interior of the existing structure since the building has recently been renovated and painted. Water Quality: There will be no impact on the water quality. Usage of water should be less than existing residential use. Historic Resources: 18. Existing archaeological, cultural or historic sites on National Register or Hawaii Register: There are no known historic sites on the property as listed on the State or National Register of Historic Places. Because the entire subject property has been extensively altered by the urban uses, it is unlikely that there are any surface or sub-surface significant historic sites remaining on the subject property. Natural Resources: 19. Existing floral/faunal resources: Since 1914 this property has been in residential use with the existing dwelling. Vegetation consists of a lawn and introduced landscaping plants. There are no endangered or threatened species of plant or animal situated on the subject property as the surrounding area has been improved with residences for decades. Most of the existing shrubs and vegetation will be removed for the parking lot, driveway and replaced sidewalk to be installed. 20. Scenic or coastal resources: This property is not a part of or contains any scenic or coastal resources. Valued Cultural Resources: 21. Hawaiian rights: The property is a portion of the Waiakea Houselots which was created by the Territory of Hawaii in the early 1900's for residential use. It is anticipated that there are no traditional and customary native rights exercised on the property and/or in the area. Public Access: 22. Existing public access: There is no public access through this property to access shoreline and/or mountain areas. There is no knowledge of any public access being used through this property. The property is entirely surrounded by other private owned parcels. Social-Economic Characteristics: 23. Social settlement pattern for the area: The property is a portion of the Waiakea Houselots, which was created by the Territory of Hawaii in the early 1900's for residential use. The general area is predominantly older single family residential construction, interspersed with a balanced mix of commercial, retail, office and multi-family properties. 24. Economic resources of the area: The subject property is located in central Hilo Town within a two mile radius of government offices, university, and Hilo International Airport. The location has convenient access to vital community services including major retailers (Wal-Mart, Safeway, Macy's, and Sears), various small, local-based businesses in the very close by industrial area varying from machine shop, farm supply outlets, manufacturing, all which support the primary basis of the local economy, agriculture. Agricultural parcels surround Hilo Town for many miles and specialize mostly in tropical flowers, plants, and fruit production. 25. Land values: The current conditions are improving, in that more sales activity is taking place and inventories are steady in most segments of the market. Property values are increasing substantially, subsequent to declines from mid- 1990, market peaks, increasing demand and construction activity are anticipated to continue stimulating the market, which may lead to higher prices. The east side of the Big Island is still experiencing many attractive new real estate listings having multiple offers at or above asking price within days of being placed on the market for sale. At the same time we are also experiencing some stabilization in different areas that are being flooded with new listings. Typically this is our slower time of the year for real estate and down season for tourism, thus creating a plateau in the real estate market. Surrounding Lands: 26. Land use: Urban. 27. Zoning: RS-10 intermixed with light commercial and neighborhood business offices. Some of these properties are listed on page two of this report; please refer to paragraph B4. Facing Manono St., the parcel across from the subject property consists of, a large vacant 45,000 square foot lot which is zoned for commercial use and is adjacent to another vacant lot with the same zoning and owned by the same individual. The lot to the right of this property is vacant and has recently been cleared and leveled. It appears that a new building will be built here in the near future, possibly for commercial use. To the left of the property is a small single family residence. Behind the lot are two separate parcels, the one on the makai side is the Tenrikyo Yashi Jima Church. The lot on the mauka side shows up as a vacant lot on public tax records, but has an address and appears to be a single family residence. D. Public Facilities and Services 28. Access: Existing access to the property is via Manono Street. Manono Street has a right of way with asphalt pavement and asphalt shoulders. The south side of the lot has an old concrete sidewalk from the south end of the lot leading to the house which, upon re-zoning approval will be replaced. After completion of the road widening project, a concrete sidewalk may be installed and run the width of the lot along Manono Street. 29. Availability of water: Subject property is connected to the county water system. Water consumption for the proposed business use will be less than residential usage. 30. Sewage disposal: Subject property is connected to the public sewer. Proposed office usage should be less than residential use. 31. Solid waste: Property has commercial solid waste disposal services easily available and is a mere five minute drive to the Hilo Transfer Station at the end of Leilani Street near the drag strip. 32. Police & fire protection: Property is serviced by both police and fire services, County of Hawaii and central operations are within two miles of the subject property. 32. Schools: The area is well served with schools and educational facilities. There are a number of elementary through post-high school facilities within three miles of the subject property. 33. Parks: Numerous parks are close to the subject property. Wailoa State Park and Liliuokulani Park are both within a few minute walk from the subject property. 34. Other utilities and services: All necessary services are available for the subject property. This includes all public utilities, water, sewer, electricity and telephone. Additionally, high-speed internet service is available via either DSL or Cable Modem. The few employees of this retail shop will have access to other nearby retail businesses, lunch-time kitchens and quick-stop markets. All are within walking distance from the subject property and these businesses will benefit greatly by having regular customers from the business located in the subject property. E. Environmental assessment and analysis 35. Relationship between local short term uses of environmental and maintenance and enhancement of long term productivity: As Hilo town continues to grow, there is less and less availability of quality, economical and functional retail space with adequate parking. With the increase in tourism and popularity of the annual Merrie Monarch Festival comes the desire and need for more retail space with Hawaiian arts and crafts. Kilauea Kreations is a Hawaiian quilt and gift shop which first opened in 1995 in Volcano Village. The business has grown and expanded and now needs another facility. Kilauea Kreations' niche market has been quilting and teaching quilting classes. This business plans to continue teaching the endangered art of Hawaiian Quilting. With the frequent tourists to its shop and popular quilt tradeshows in the United States, Kilauea Kreations is experiencing a gaining interest from others to learn this special art. Through years of proven experience this business has succeeded and sees the need for an additional shop in Hilo. Not only will this shop answer the need for local quilt crafters, it will enhance the annual Merrie Monarch Festival, provide another great place for locals to shop for special occasions and be an authentic place for tourists to experience Hawaiian arts and crafts. This location is ideal for tourists and locals being central to the harbor, hotels, bay front, the airport and the Edith Kanakaole Tennis Stadium. With the opening of the first Kilauea Kreations, it became apparent that the shop was truly enjoyed by the tourist and would eventually need another home where tourists were more frequent. The business has improved the economy by not only keeping, but adding money to our local economy and that's what this business will continue to do times two. Short-term uses really don't exist because this proposed project is truly a long-term location for this growing business. Long term impacts include improvements to the property and neighborhood by cleaning up this property. The property has some deferred maintenance issues and overgrown landscaping. By approving this re- zone application, a professional building will result that will be kept clean, well maintained, landscaped and significantly add to the appeal of the neighborhood. This 91 year old plantation building, in great condition, will not only enhance the experience and "old Hawaiian style" to the crafts it will house, it will be an overall asset and preservation to Hilo town. Additional services will be required to maintain the building, including landscaping services, janitorial services, etc., consequently further improving employment opportunities for the Hilo economy. 36. Mitigative measures proposed to avoid, minimize, rectify or reduce impact: These measures have been addressed in the various topics discussed in previous paragraphs. Particular acknowledgment needs to relate to the positive impact to the traffic flow for the proposed project, improved landscaping and general appearance to the existing deteriorating property and employment opportunities locally. Respect will always be given to neighboring residents and businesses and with confidence, they will only support this proposed project. 37. N/A 38. N/A LEGEND SPECIAL FLOOD HAZARD AREAS INUNDATED BY 100-YEAR FLOOD REQUEST: Flood Zone Determination ZONEA He bow flood tkaaCwm dcsumtnoa_ ZONE AE Bale flood devdom detrrmined. To: Department of Public Works ZONE AH Flood dootht of t to 3 feet Neu-11y afoot of Ph.: 961-8327 oonding); bast flood elevadom determined. Fax.: 961-8933 ZONE AO Flood depths of 1 to 3 rest (d Wally atea now on sloping urraln); wend, dcptha detomined. For area. 0 alluvial fan flood. ing• veloeiuet atw determined. 'f 1' 7 ZONE A99 To be prape,sed tram 100•year flood by Re• TMK# 3- 2- a 4 I Fadeal flood b. pi,oteatlom system under eonspvRtan; rte boas m[iom deanmined. ` 1y ZONE V Coanal noad with wlecity harass (wave Requested By: i 3VlYc Aez LS I a min.d no bat flood elrntlonr deter- / "lam' 1 ~ ned. ZONE VE c flood with vebdty hs I.." Company: p action]; 6860 flood ood dentiom determined. f9R yt pn~gP O FLOODWAY AREAS IN ZONE AE Address: ~ rte.- ~ ..T ,9 -I S rt CC~ OTHER FLOOD 7 ZONEX Areas eas of 500-year flood; alas of a( f (shaded) If flood with average depths of less than 1 foot or with drainage Phone:,g35-'~--tgCF6 Fax' 936 q81 areas less than I square mile; and ' Lt 16>5- ar year eas floodprotected by levees from 100• . Date: OTHER AREAS /f ZONE X Areas determined to be outside cOO- Signature: eft year flood plain. ZONED Areas In which flood hazards are undetermined, k Flood Boundary Flood Zone is: - - Floodway Boundary Zone D Boundary Remarks: Boundary Dividing Special Flood Hazard Zones, and Boundary Dividing Areas of Different Coastal Base Flood Elevations Within Special Flood Hazard Completed b` Zones. fl s/ .i 4 513 Base Flood Elevation Line, Ele• tn'. radon in Fee" v Cross Section Linc Notes: Base Flood Elevation in' Feet (EL 9871 Where Uniform Within Zone- 1) A property in Zone X (not within the Special Flood AM7x Elevation Reference Mark Kazard Area) may be damaged by a ilood greater cReferenccd to the National Geodetic Vertical Datum of 1929 than that predicted on the Flood Insurance Rate Map (FIRM), or from a local drainage problem not shown NOTES on the map. The information provided here does not This mop Is (or use in administeeing the National flood Insurance create liability for the County Hawaii officer Program; It does not necessarily identify all areas subject to flooding. y t t or any particularly Imm local drainagesaurces of small size, or allplanimetric or employee thereof, for any damage that results features outside Special Flood Hazard Areas. from reliance on this Information. Areaaofspeeial flood hazard (100-yearnood) Include Zones A. AI-30. AE. AH, A0. A99, V. VI-30 AND VE. 2) A copy of the Tan Map Key, with the specific flood Certain areas not in Special Flood Hazard Areas may be protected by designation(s) may be available at the Department of flood control structures. Public Works for a nominal fee. Boundaries of the floadways were computed at mss sections and interpolated between cross sections. The floodways were based on hydraulic considerations with regard to requirements of the Federal 3) Buyers are advised to consult an Architect and/or Emergency Management Agency. Engineer or other experts of the buyers' choice if Floodwoy widths In some areas may be too narrow to show to scale. there are additional questions. Floodwer widths are ptgvided in the Flood Insurance Study Report. Coastal base flood elevations apply only landward of the shoreline. Elevations reference marks are described In the Flood Insurance Study Report. J~.ns. _L2~JWla.J[Y_ it kRS. a. w ~ K o J j PcnrJJ 6'2e>1ft j Jy csrt~ $u I}'~t -'8-~_ ,~~aae CT+j}! a"~,`.'^•Tb 1 nu"7 ° g - ar 6c x ! g ~ Y T 8 ey.F a 6TO Sel ~ R °I , Y~ ~ ~ g eROCM ~ i® ° 6Ra+vr 1 i:ri -..~T_. gld ~ti ay xn eon 3 Imo. c.".ta':a'a ~ A g s:. 'f.. Kes~:~ d e 1....1~// N i g D - a[i' Oµ7'/e dvan.. ° [jJOOf• i ~TLbY~ .n .e ~f. I 1 77. E~ it O w..f B F + 6t i ely:.^x~, .m C a1 W7 4p 0• %nCd ~a 73Y 'l I~ 6 S r I HUn! An/ 1 OR12 I 4 { © e 4 tf 8 V Si."i x~°-S TREET6)' IF l , ~}x u ~G'Y& f g bill. ft,t. A w. s9/ al w.....~upr 1 ° 4.of I eR. !ss> 64e`°."'^ ~Ir` , . • o„ JT =t% 3 d .?tt r m ee errc ~ .<...J 5i g A ,......i tI g • c•r eeia m~ i'~--y Y 1 6Reay b°tI~~~ ' e.so)f 9 I r+s=Q. 1~'tiAN Ddl +k V Yi ``~a® i g(i ~14t1 g a44 f'-II I ~ _ ~ ~~tlj ~ n•~{aE +11... g}6)C flr,a fig: ~ KUANA pA ~Of .39!aC w 6 4saaw., ~ STREET 'k r91 I PLAT !6 r 6 ~g i^2 ;g • • t rr 'i t v ~H x olk 1• a Z i G_ gi O v ;j / w. J V O m z 180 * 00' > 100.00 m z o C~ TA T, F--, r roro I sea l k-~ ~Z0 ~ m I z m J N -Z m M 6 I m z A mz A (n A P O d -+g Zroo S m tl O 1<1 o ~ t 0 C z ° o z FA p ro v z A ro o ZM fn 7< m Z µ p ~ (11 A ° ~ o C) ~ o I 0 Nk b~ cnb FA. m °Q II n r w cn m L C) m 1 m r m ~ y A 360 00' < 100.00 lZ b T OZ - MANONO SKEET- m z ~i4fl o~ S Land Patent No. 8 7 3 8 (Gran!) Issued 071 SALE 08 HOUSE LOTS BY DRATINO, DEM ER 31, 1917. r THIS P.dTENT the Governor of the Territory of Hawaii., in conformity with the laws of the United States of .Rnterica and of the Territory of Hawaii., a@caFd3 ce with the nr ovisiens of Act 33 Session Laws of Hawaii 1915 validated br an Act of Congress approved February 6, 1925, makes known to all nien that he has this dart 1rantedand confirmed unto HATM YAMA3[OTO for the consideration of--her- Ravin? paid into the Treasury the suns of a BONE HIINDRED TWENTY-FIVE AND no/100 Dollars, a far Lie fLrther consideration of her having com lied with the a gar, ? a ac al Sale Agreement No TAIAEEA all of the land situate at in the District of SODRH ffiLO Island of-HAWAII- bounded and described as follows: Waiskes House Lots, • r Block 19, Rea Yap 2566, lot Land_ Diet. Beginning at a galvanized iron spike and alai at the North- east corner of this lot and the Southeast corner of Lot 6, and on the West aide of Yanono Avenue, the coordinates of said point of beginning referred to Government Survey Trig. Station •Halui", being 1283.0 feet South and 9091.0 feet East, ea shown on Govern- ment Survey Registered Yap No. 2586, and running by true azimuths:- 360, 001 100.0 feet along the West side of Yanono Avenue to & galvanized iron spike and ahu; 2. 90. 001 200.0 feet along Lot 10 to a galvanized iron spike and ahu; 3. 180' 009 100.0 feet along Lot 7 to a galvanized iron spike and shu; 4. 270. 001 200.0 feet along Lot 6 to the point of beginning. A 20, 000 SQUARE FFBT. i . I I I NUALA~N/ AVCf { 1 , Q { ~e,eoe sq n. b.e~e s9 /r ~ q f 1:10 ~,['~OC.E Ifj { b,aeo bt 11 ao, ooe Sq 8/0 c,f 20 ~ ae,o9oo Sp. fl. igeo. Sq fl. ~e { aroeo Jq. H booo J9 L! A4 71 in, oee Sr t/ b,OOeJq f KE KUANAOA AYE Q/ock 26 Block /9 Mr7le7ke,:7 14o4lae Lo/s Sev/e ltn. r Zoo i ' 3 O. yb v 'he Feet Acres, more or lc,rs. i TO 11.1 VE .2ND TO HOLD the above eranterl Land unto thr errid W1TSQ& YALiA]ECfO heirs rnxd «ssi_%n.c forccrr; and- o_r- IN JVITNE.FS WHEREOF, The Governor of the Territory of Ila«•aii has hereto set. his hand (Hrl. caused the Great Scnl of t/rr, Terr•ilary to be, hercunto affixed, this .i ~boerln71 of rl. 1.). 19 .Z BY THE GUVERNOIi: ~i I/ Gbnxnr.issiorier '«.Gdic Lands. ~ I Approved as to fore: Deputy Attorney General. i -n S i CERTIFICATION hereby certify that the foregoing document is a true anj correct copy c; the document on film in tho Dopartm~nr, of L aril and Natural Resources. K,-Ian mo:-a; 1101 Punchbowl Street, Nnrr!'- w, C . r" Date:.': ! t roi 'a, lie;t. t^'s, T day of ~v pp ~A For Land Mi(nagement Adminisirator Department of Land and Natural Resources WMWPROPERTIES 88 Kanoelehna Ave. Ste. A-105 Phone: 8089359880 Hilo, HI 96720 F= 808-9359819 Toll Fre 8669350M ~S. w .BlelslnndForSale.mm Date: November 14, 2005 RE; Rezoning of parcel 3-2-2-34-12 To: DLNR, Historic Preservation Division From: Wailana Herbst, for applicants; Kathy and Rory Tripp Dear Maryanne, On behalf of the owners and applicants for the above mentioned property, I am requesting a "no effect" letter to accommodate the rezoning application for this property, as required by the County Planning Department. The lot contains a house built in 1914, is planned to be used as a small quilt and craft retail shop. There are no known historic sites on the property as listed on the State or National Register of Historic Places. Because the entire subject property has been extensively altered by the urban uses, it is unlikely that there are any surface or sub- surface significant historic sites remaining on the subject property. Since 1914 this property has been in residential use with the existing dwelling. Vegetation consists of a lawn and introduced landscaping plants. There are no endangered or threatened species of plant or animal situated on the subject property as the surrounding area has been improved with residences for decades. The property is a portion of the Waiakea Houselots which was created by the Territory of Hawaii in the early 1900's for residential use. It is anticipated that there are no traditional and customary native rights exercised on the property and/or in the area. Thank you for you time and consideration. Sincerely, Wailana Herbst R(A) RE/MAX Properties 88 Kanoelehua Ave. #A-105 Hilo, HI 96720 Off. 935-9800 ext.105 Fax 935-9819 DEPARTMENT OF PUBLIC WORKS 29 MR 7 F~j ± COUNTY OF HAAIIWAII HILO, HAW PLANI,T ~.-C ! ~ OMAENT y~ COUN I Y OF HAWAll DATE: March 6, 2006 %~~IQ~IQIt~~iloJt TO: Christopher J. Yuen, Planning Director FROM: De!^ rtment of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 06-000032) Applicant: Kathy Tripp Request: RS-10 to CN-7.5 Tax Map Key: 2-2-34: 012 We have reviewed the subject application forwarded by your memo dated February 7, 2006 and offer the following comments for your consideration. We do not sanction the specific plans submitted with the application as they may be subject to change given specific code and regulatory requirements. 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 Department of Public Works. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain (may include areas with unknown flood or drainage hazards). Manono Street is a County right-of-way classified as a secondary arterial of 50-ft width fronting the subject property. The applicant shall provide full improvements to the entire frontage along Manono Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk and any required utility relocation, meeting with the approval of the DPW. Improvements shall be located within the future road widening setback as established by the Planning Department. Streetlights and traffic control devices shall be installed as required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. Questions may be referred to Kelly Gomes of our Engineering Division at ext. 8327. KG Planning Dept. Exhibit L i3~:1"12~ County of Hawaii i5 an Finial nnnnmmim Prn idrr pnd V-1-- 7006 MRR 13 Ail 22 e1 w~>•tr PL!-~f~ltiii-' --'=~.,i-~'~PENT CCUN IY OF HAWAII DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAVI 345 KEKOANAO'A STREET, SUITE 20 HILO, HAWAII 96720 TE LEPHOCI i'g W9)2661 8050 • FAX (608) 961-8657 TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ 06-000032) APPLICANT - KATHY TRIPP REQUEST: RS-10 TO CN-7.5 TAX MAP KEY 2-2-034:012 We have reviewed the subject change of zone application and have the following comment and condition. The subject parcel has water service from the Department through a 5/8-inch meter. Based on the prevailing water situations in the area, additional water can be made available from an existing 8-inch waterline along Manono Street, which fronts the property, with a connection size subject to review and approval during the construction phase of the proposed development. 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 the meter. The installation and assembly of the backflow, preventer must be inspected and approved by the Department. This shall be done before the existing building is put to the proposed use. 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 them understand this requirement. Should there be any questions, please contact Ms. Shari Komata of our Water Resources and Planning Branch at 961-8070, extension 252. Sill6ere4y yours, i Milton D, Pavao, P.E. Manager Planning DePt• SHK:sco EXl1 i bit copy - (w/enc.) Ms. Kathy Tripp (w/enc.) Wailana Herbst 014..909 (w/o enc.) DWS Cross-Connection Section Water bring) rrocgre55... The Department of Water Supply is an Equal Opportunity provider and employer. To file a complaint of discrimination, write. USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW, Washington DC 20250-9410. Or call (202) 720-5964 (voice and TDD) oa~v or hw palm Barbara Bell a 23 PM , Director 1 3T Nelson Ho PL/ P•iiv~; M Deputy Director vUlv1Y Ut HAWANT CaunfV of cttfunii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street, Room 210 a Hilo, Hawaii 967204252 (808) 961-8083 a Fax (808) 961-8086 MEMORANDUM Date : February 7, 2006 To . CHRISTOPHER YUEN, Plan ili~~ Director From: BARBARA BELL, Directo Subject: Change of Zone Applicatio~t (REZ 06-000032) Applicant: Kathy Tripp Request: RS-10 to CN-7.5 TMK: 2-2-34:12 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: WASTEWATER COMMENTS: ( ) .Io comments ( Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ( ) Require 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: V,64 -4G' 41~q S, -T1 la "A' lrq* J SOLID WASTE COMMENTS: 41 iv It i) 4~ rzv?e t" ( ) No comments Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. (k) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. ( j9) Ample room should be provided for implementation of a recycling program. (~q) Greenwaste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. (}4) Construction and demolition waste is prohibited at all County Transfer Stations. ( ) 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 current status. ( ) Other: q~8 cc: SWD,WWD, TSS °J'.P ty ~ 7989 Miming Dept. Exhibit ` O ~M PETER T. YOUNG `A2 eOAw OF L.Up~.,m xwMnnuLwwnctl LINDA LINGLE t A~900 co,aovwx oxwArexwo,ma,uNAne,mrt OpV4RN0ROFHAWAD ' ROBERT K MASUDA I Vrv DIXLCTORLDIO d d`y,d Y DI NAK O f AC' OOVVEY DM OR WAT[A PM P 29 G ~ AoDARnc wouaces XB.s.Ry.u{1b F Y"M u~ FMENT OOWa1910x Ml wATNt YIdOxw RAxAO[RdE NTY UI- HAWAll ON90 V. ON ND O eT ANN STATE OF HAWAII OOxdtllvAT10H AND PEOOVRCTd PNldRG9 R.'! eaRrsnv AxD wn.ane DEPARTMENT OF LAND AND NATURAL RESOURCES ,{,mod wsroR¢rwD,vtnox Hl^SA„oouwci.uxnwmve w,eaaa,ox STATE HISTORIC PRESERVATION DIVISION 601 KAMOKILA BOULEVARD, ROOM 555 re.ww KAPOLEI, HAWAII 96707 February 23, 2006 Christopher Yuen, Director LOG NO: 2006.0429 Hawaii County Planning Department DOC NO: 0602MM23 101 Aupuni Street, Suite 3 Archaeology Hilo, Hawaii 96720-3043 Dear Mr. Yuen: SUBJECT: Chapter 6E-42 Historic Preservation Review [County/Planning] Change of Zone Application (REZ 06-000032) Applicant: Kathy Tripp Waiakea Ahupua`a, South Hilo District, Island of Hawaii TMK• (3) 2-2-034.012 Project consists of a proposed change of zone from RS-10 to CN 7.5 for this property situated in the Waiakea House lots, South Hilo. Applicant plans to convert vacant residence constructed in 1914 to a commercial operation consisting of a Hawaiian quilt and gift shop. We believe that no historic properties will be affected by this undertaking because: ? a) intensive cultivation has altered the land ® b) residential development/urbanization has altered the land ? c) previous grubbing/grading has altered the land ? d) an acceptable archaeological assessment or inventory survey found no historic properties ? e) this project has gone through the historic review process, and mitigation has been completed ® f) other: There are no archaeological concerns as residential development has altered the land and intensive agricultural use preceded establishment of the house lots. Existing residence is over SO years old and as such, it is a historic property. However, no alterations are planned that would alter the integrity of the structure. In the event that historic resources, including human skeletal remains, are identified during the construction activities, all work needs to cease in the immediate vicinity of the find, the find needs to be protected from additional disturbance, and the State Historic Preservation Division, Hawaii Section, needs to be contacted immediately at (808) 327-3690. Aloha, anie Chinen, Administrator State Historic Preservation Division MM:dlb _ 0-1-1489 Planning Dept. Exhibit 5 LINDA LINGLE CHIVOME LEINAALA FUKINO, M.D. GOVERNOR DIRECTOR HEALTH 0-1~ '006 FES 22 Prl ' 33 PLAM,iit i,_: - ' ~'!_MENT STATE OF HAWAII COUN1 Y Or HAVVAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: February 16, 2006 TO: Christopher J. Yuen Planning Director, County of Hawaii FROM: Larry K. Shiro Acting District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 06-000032) Applicant: Kathy Tripp Request: RS-10 to CN-7.5 Tax Map Key: 2-2-34:12 The applicant would need to meet the requirements of our Department of Health Air Pollution Rules, Chapter 60. 1, Title 11, State of Hawaii for fugitive dust control. If there is need to discuss these requirements, please contact our Clean Air Branch staff at Ph. 933-0401. As a demolition and renovation activity, the Federal Register, 40 CFR Part 61, National Emission Standard for Hazardous Air Pollutants, Asbestos NESHAP Revision; Final Rule, November 20, 1990, requires the owner/operator to inspect the affected areas to determine whether asbestos is present. Under the Asbestos School Hazard Abatement Response Act (ASHARA), all persons who conduct inspections (i.e. perform sampling and assessment of suspected asbestos-containing material) in schools or public and commercial buildings must have an active Asbestos Hazard Emergency Response (AHERA) certificate-of-training from an accredited training provider. Under NESHAP's regulation, the owner/operator would be required to file with the Department of Health, Noise, Radiation and Indoor Air Quality Branch, an Asbestos Demolition/Renovation notification 10 working days prior to demolition of each building or the disturbance of regulated asbestos-containing material. All regulated quantities and types of asbestos-containing materials would be subject to emission controls, proper collection, containerizing, and disposal at a permitted landfill. Planni l91-` Exhibit - Christopher J. Yuen Page 2 February 16, 2006 Under a renovation project, if the amount of friable or non-friable material rendered friable is less than 160 square feet, the project would not be subject to the NESHAP requirements. However, the persons who conduct activities related to abatement and/or disturbances to friable material greater than three square feet or three linear feet, must have an active AHERA certificate of training from an accredited provider for that specific discipline (i.e., project designer, abatement supervisor and worker). If you have any further questions, please feel free to contact the Noise, Radiation and Indoor Air Quality Branch at (808) 586-5800. Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." a. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. b. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. C. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Should there be any questions on this matter, please contact the Department of Health at 933-0917. W ORD: REZ06-000032.my RTripp-REZ06-032-jwd 03-08-06 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION KATHY TRIPP CHANGE OF ZONE APPLICATION (REZ 06-000032) Upon careful review of the request, the Planning Director recommends 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 position based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting the change of zone for 20,000 square feet of land from a Single Family Residential - 10,000 square feet (RS-10) to a Neighborhood Commercial 20,000 square feet (CN-20) district to convert the existing single family dwelling for retail use for Kilauea Kreations, which is a Hawaiian quilt and gift shop, and convert the rear portion of the property into an 8-stall paved parking area for employees and clients. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County, but ultimately, on the future development of the whole island. The proposed change of zone request from RS-10 to CN-20 would further the County's goals of providing an economic environment which allows new or existing businesses to expand and diversify the County's economic base, and also increase choice of occupations. The proposed use would be consistent with the following goals, policies and standards of the Economic, Land Use and Commercial Elements of the General Plan. Economic Element: • 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 applicant will be providing residents who live in this area of South Hilo with more opportunities for commercial services and employment. Land Use Element: • 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. Commercial Element: • Provide for commercial developments that maximize convenience to users. • Distribution of commercial areas shall 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 infrastructure and design concerns shall be incorporated into the review of such developments. -2- The proposed change of zone is located in an area designated in the General Plan to allow neighborhood commercial zoning and village commercial uses. The proposed change of zone compliments the projected commercial needs of residents within this vicinity of South Hilo. Additionally, within 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. This area of the Waiakea Houselots is in transition from residential to commercial and industrial uses. The proposed rezoning action conforms to the LUPAG Map which designates the area for Medium Density Urban Development. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan represents the document's goals, policies, standards and courses of action to guide the coordinated growth and development of the County. It reflects a graphic depiction of the spatial relationships among various land uses and the expressed policy statements of the document itself. The LUPAG Map, in essence, establishes the basic land use pattern for areas within the County. This area is designated as Medium Density Urban, which may allow village and neighborhood commercial and single family and multiple family residential and related functions (multiply family residential up to 35 units per acre). The proposed site would be suitable and allow for Neighborhood Commercial uses. The applicant is requesting the change of zone to allow commercial uses on the property. The rezoning reclassification would be a reasonable expansion of commercial activities associated with this designation and the existing commercial uses in the area. The property is situated within close proximity to commercial areas, employment centers and public safety services. There are several commercial and employment centers located within one or two miles from the subject property. These include the Waialcea Center, the Prince Kuhio Mall, Hilo Shopping Center and businesses along E. Lanikaula Street, Kawili Street, Makaala Street, Holomua Street, Wiwoole Street, Marino Street and Nitani Street. -3- Public safety services within the area include the Hilo Central Fire Station located on Kinoole Street, the Police Headquarters located on Kapiolani Street, and the Hilo Medical Center located approximately 3 miles from the property. Surrounding properties are primarily zoned RS-10 with property directly across Manono Street zoned CN-20. Uses consist of vacant lots, existing single family dwellings and several businesses. The nearest dwelling is on the adjacent property to the north. Further north is a commercial area on the comer of Manono Street and Piilani Street, which includes Manono Mini Mart and Freddy's Restaurant. To the east across Manono Street is a vacant lot zoned CN-20 and the Atebara Potato Chip Factory. Further east across Hinano Street is Big Island Candies on property zoned CG-20. The owners of the adjacent property to the south have recently submitted a change of zone application from RS-10 to CN-20 to develop an approximately 7,200 square foot, single-story structure to be divided into several bays, which would be rented for office or retail use. Further-South is the Cole Drafting Service and single-family dwellings. On the adjacent property to the west is a church. Further west across Mililani Street is the Waiakea Villas Complex on property zoned V-.75. Additionally, there have been several properties in the area that have been rezoned for commercial uses. The proposed change of zone would, therefore, complement the existing commercial land uses, be consistent with the transition from residential to commercial occurring in the immediate vicinity and provide for an orderly commercial development of the area. The property is located within an area adequately served with essential services and facilities such as water, sewer, transportation systems and other utilities. The property is connected to County water and to the County's sewer system. The applicant will be required to prepare a Solid Waste Management Plan and submit it to the Department of Environmental Management for its review and approval. All other essential utilities and services arc available to the property. As the request is a change from a Residential (RS-10) zoned district to a Commercial (CN-20) zoned district, various requirements are being imposed in order to bring the existing infrastructure up to commercial standards. A paved driveway and -4- parking area shall be installed for the commercial uses. Further, to mitigate any potential noise and visual impacts to adjacent neighbors, a landscaping buffer shall be provided in accordance with the Planning Department's Rule 17 and Plan Approval requirements. This mitigation measure will ensure that any proposed commercial uses fit into the locale with minimal intrusion while providing the desired services. Existing access to the property is from Manono Street, which has a 50-foot wide right-of-way with 20 to 22-foot wide pavement and paved shoulders. According to the City of Flilo Zone Map, Manono Street is proposed to be increased to a 60-foot wide right-of-way and, therefore, the applicant will be required to provide a 5-foot wide future road-widening strip along the Manono Street frontage of the property. The applicant will be required to provide full improvements to the entire frontage along Manono Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation. Additionally, access to Manono Street will be limited to a single location. As a result of the proposed new roadway improvements, any increase in traffic at the site generated by commercial uses can be accommodated. The property has no severe topographic or geologic problems which cannot be properly rectified or which would render the land unusable for the proposed use. The property is classified as Zone X, areas determined to be outside the 500-year flood plain. The property is also located outside of the tsunami inundation area. The property has been in residential use with the existing dwelling since the 1914, and the Waiakea Houselots has been in urban development since the 1960's. The subject development is not contrary to Chapter 205A, Hawaii Revised States, relating to Coast Zone Management Area. The property is located more than one-half mile from the nearest coastline. The proposed development will not adversely impact recreational resources, including access to and along the shoreline or to mountain areas, scenic and open space vistas, visual resources to the shoreline, coastal ecosystems and marine ecosystems. Finally, because the property and surrounding areas have been extensively altered with urban development, it is not anticipated that endangered or threatened candidate -5- species of flora or fauna are located within the property, nor has the property been identified as a significant botanical or biological habitat. In addition, it is also not anticipated that the proposed development will have any adverse impact on archaeological, cultural or historical resources. Thus, it is also not anticipated that the proposed request will have any adverse impact ou archaeological, cultural or historical resources in the area. Based on the above findings, approval of this change of zone request from Single Family Residential (RS-10) to Neighborhood Commercial (CN-20) zoned district world result in an appropriate land use pattern that will further the necessity, convenience and welfare of the general public. The accompanying draft bill to au2end Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -6- JMtvlns N~!L Gl~ COUNTY OF HAWAII STATE OF HAWAII 0F.~'.• BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-10) TO NEIGHBORHOOD COMMERCIAL (CN-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-034:012. 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 Neighborhood Commercial (CN-20): Beginning at a galvanized iron spike and ahu at the Northeast corner of this lot and the Southeast corner of Lot 6, and on the West side of Manono Avenue, the coordinates of said point of beginning referred to Government Survey Trig. Station "Halai", being 1263.0 feet South and 9091.0 feet East, as shown on Government Survey Registered Map No. 2566, and running by true azimuths: 1. 360° 00' 100.0 feet along the West side of Manono Avenue to a galvanized iron spike and ahu; 2. 90° 00' 200.0 feet along Lot 10 to a galvanized iron spike and ahu; 3. 180° 00' 100.0 feet along Lot 7 to a galvanized iron spike and ahu; 4. 270° 00' 200.0 feet along Lot 6 to the point of beginning and containing an area of 20,000 Square Feet. -1- 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. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of Ist Reading: Date of 2nd Reading: Effective Date: -2- V-.75 V~.75 OPEN C CG7 55 PIIL NI ST W; CG 75 G-7.5 -7 S a-- 75 CG 7.5 CG-7.5 D CG 7.5 CGJ OPEN > - R 10 RsO m R 10 RSiiD V.75 CN 7.5 RS 10 &Ya -J -i-- RS 10 R~-10 R -1~ R -10 V-.75 L NI ST SINN - Il ESIDENTIAL S-10) R -to Rs- o R -10 RS-10 - - - o - TO NEIGHBORHOOD COMMERCI CN-20 1 281. O S o 20,000 SQ. FT. - CG-7.5 _ V-.75 R;-10 0 "HALAY~O. a R 10 F V-15 - - ' - CN-20 RS4p CG20 -I ~CG-7.5 R -70 RS-1TR1 CN-20 0CG-20 V-.75 i _ - - A _ Rs-to oT Rs' lo CN-10 RS-1 G- .5 CG-7.5 K rRD-3.75R ~ R -10 - RS-1 r 3 1 - RD- d5- RD 3.75 RS 10 R -10 RS-f0 CN-f0 ML-20 _ ML-TO R 10 .7 D . 5 - J ML-20 - - --1 _ _ - - - r q ti R 3~5 RS-10 R 3.75 RD-3±75RJJ10 RS 10 LEI M ?0 RS-1 I RS-1 480 240 0 480 960 1,440 1.920 2 400 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 NEIGHBORHOOD COMMERCIAL (CN-20) AT WAIAKEA, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII MK: 2-2-034012 Date: February 9, 200d EXHIBIT "A° (Kathy Tripp.1185) CTnpp-REZ06-032-jw0 03-08-06 KATHY TRIPP CHANGE OF ZONE APPLICATION (REZ 06-000032) CONDITIONS OF APPROVAL A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Conversion of the existing dwelling shall be completed within five (5) years from the effective date of this ordinance. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with 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 proposed 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. Access to Manono Street shall be limited to a single location. All driveway connections to Manono Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. D. A 5-foot wide future road-widening strip along Manono Street shall be delineated on the plans submitted for Plan Approval review. The 5-foot future road widening section and roadway improvements along Manono Street shall be subdivided and dedicated to the County of Hawaii within five (5) years from the effective date of this ordinance. E. The applicant shall provide full improvements to the entire frontage along Manono Street consisting of, but not limited to, pavement widening with concrete curb, "utter and sidewalk, drainage improvements, and any required utility relocation, meeting with the approval of the Department of Public Works. Improvements shall be located within the future road-widening setback as established by the Planning Department and be completed within five (5) years from the effective date of this ordinance. F. The applicant shall also install street lights and traffic controls 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 Manono Street shall be completed prior to a Certificate of Occupancy. G. All development-generated runoff shall be disposed of on site and shall not be clirectcd toward any adjacent properties. 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 rcquircd, shall be constructed meeting with the approval of the Department of Public Works prior to receipt of a Certi ficate of Occupancy. H. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of a Certi ficate of Occupancy. t. If the applicant, successors, or assigns develop residential units on the subject property in excess of the two (2) 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. The fair share contribution in a form ofcash, 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 (HOPI). The fair share contribution shall have a combined value of $6,411.25 per multiple family residential trait ($9,991.20 per single 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. -2- The fair share contribution per multiple family residential unit (single family residential unit) shall be allocated as follows: 1. $3,162.49 per multiple family residential unit ($4,817.93 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. $99.95 per multiple family residential unit ($232.42 per single family residential unit) to the County to support police facilities; 3. $307.46 per multiple family residential unit ($459.06 per single family residential unit) to the County to support fire facilities; 4. $137.04 per multiple family residential unit ($200.98 per single family residential unit) to the County to support solid waste facilities; and 5. $2,704.31 per multiple family residential unit ($4,280.82 per single 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. J. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. K. To ensure that the Goals and Politics of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Conuuunity Development prior to final plan approval. L. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements -3- M. An annual progress report shall be submitted to the planning Director prior to the anniversary date of enactment of the ordinance. The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required. N. An initial extension of time for the performance of conditions within the ordinance may be °ranted by the Planning Director upon the following ci rcumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or ncgligence. 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). 5. 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. 0. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation. -4-