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HomeMy WebLinkAboutCOM 1047.000 2004-2006 yu Mtv Of Harry Kim FDixie Kaetsu Mayor Managing Director Barbara Kossow hoi'M~+ Deputy Managing Director County of Hawaii 25 Aupuni Street, Room 215 • Hilo, Hawai'i 96720-4252 • (808) 9618211 • Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 329-5226 • Fax (808) 326-5663 August 24, 2006 Honorable Stacy Higa, Chairman G ;1 and Members of the County Council rv County of Hawai'i ` r 25 Aupuni Street Hilo, HI 96720 _3 Dear Chairman Higa and Members: t Change of Zone Application (REZ 06-000040) Applicant: Association of Apartment Owners of Lanikaula Professional Center Request: RS-10 to CG-20 Tax Map Key: 2-2-28:31 Amendment to Change of Zone Ordinance No. 98-98 (REZ 898) Applicant: Seawind Holding, Inc. Request: Time Extension to Conditions B & C Tax Map Key: 2-2-37:29 hange of Zone Application (REZ 06-000042) Applicant: James Ishii Request: RS-10 to MCX-20 Tax Map Key: 2-2-35:63 Change of Zone Application (REZ 06-000043) Applicant: NST Development, LLC Request: RS-10 to MCX-20 Tax Map Key: 2-2-36:64 and 134 As required by Chapter 4, Sec. 64.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. Since Comm. No. Harry Kim Ref. To. ,(Mayor Ref. Dote 2006 Enclosures cc: Planning Department •••M•OI M'' County of Hawaii PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone(808)961-8288 Fax(808)961-8742 c3i August 24, 2006 - c. N C-i Stacy Higa, Chairman and Members of the County Council County of Hawaii i~ 25 Aupuni Street Hilo, HI 96720 Dear Chairman Higa and Council Members: Change of Zone Application (REZ 06-000042) Applicant: James Ishii Request: RS-10 to MCX-20 Tax Map Key: 2-2-35:63 The Planning Commission, after a duly held public hearing on August 4, 2006, voted to recommend for your approval the proposed legislative bill to change the district classification from a Single Family Residential - 10,000 square feet (RS-10) to an Industrial Commercial Mixed - 20,000 square feet (MCX-20) district for 21,050 square feet of land. The property is located along the west side of Kanoelehua Avenue, approximately 90 feet south of the Kanoelehua Avenue-Kekuanaoa Street intersection, Waiakea House Lots, I" Series, Waiakea, South Hilo. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicant is requesting a change of zone from Single-Family Residential 10,000 square feet (RS-10) to Industrial-Commercial Mixed 20,000 square feet (MCX- 20) to construct an approximately 7,200 square-foot one-story steel-framed building on the site. The building will be used for office and storage space for the landowner's construction business. The estimated cost of the project is $1,000,000.00. Hawai `i County is an Equal Opportunity Provider and Employer Stacy Higa, Chairman and Members of the County Council Page 2 hr order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from a Single-Family Residential 10,000 square foot (RS-10) to Industrial-Commercial Mixed 20,000 square foot (MCX-20) zoned district will conform to the goals, policies and standards of the General Plan Economic and Land Use Elements. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The request conforms to the goals, policies and standards of the General Plan in that the proposed development will be developed in an area adequately served by necessary services such as water, utilities, sewers and transportation systems. The proposed project also conforms to the Land Use - Industrial sub-element which states that "Industrial development shall be located in areas adequately served by transportation, utilities and other amenities." The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The project area is designated Industrial on the LUPAG Map. This industrial designation includes uses such as manufacturing and processing, wholesaling, large storage and transportation facilities and light industrial uses. The MCX zoning would be consistent with the Industrial designation on the LUPAG Map for this area of Hilo. Stacy Higa, Chairman and Members of the County Council Page 3 The State Land Use designation for the subject property is Urban. The Hilo Community Development Plan (CDP) adopted in 1975 suggests the retention of residential uses in this area. However, this area is transitioning to commercial and light industrial uses. The advantage of this area is its location in close proximity to water, air transportation terminals, harbor facilities and the residential population of Hilo. The proposed change of zone would complement the existing industrial and commercial land uses that already exist in this area and will provide for an orderly development of the area. The MCX zoning designation was created when the Zoning Code was amended in 1996. In accordance with Section 25-5-130, Hawaii County Zoning Code, this district would allow a mix of light industrial and commercial uses. The intent is to provide for areas of diversified businesses and employment opportunities by permitting a broad range of uses, without exposing non-industrial uses to unsafe and unhealthy environments. The property is a relatively level approximately 21,050-square foot vacant parcel located between the Tracy Lewis Building (ML-20) to the north and the Tesoro Gas Station (ML-20) to the south on Kanoelehua Avenue. A single-family dwelling on the property was demolished in 1999 and the site is currently vacant. The land uses in the immediate area are a mix of commercial and industrial uses. Hilo International Airport is zoned ML-20 and located east of the property. Commercial and/or industrial uses nearby include warehousing, aviation related uses, and office buildings. There are MCX-zoned properties to the north and south of the site. All utilities and services are available to the site. Access to the project site is proposed from Kanoelehua Avenue, a State highway with six lanes and a divided median in the project area. Along this section of Kanoelehua Avenue, the right-of-way is 120 feet. There is a sidewalk fronting the project site. County water is available to the site. The project will connect to the County sewer system. Solid waste will be handled by commercial haulers. If required, the applicant shall prepare a Solid Waste Management Plan. Electricity and telephone services are available to the site. The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The project site is located within Zone "X", area determined to be outside the 500-year floodplain. All development generated storm run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. Stacy Higa, Chairman and Members of the County Council Page 4 As the project site was previously improved with a dwelling, no professional surveys were conducted of the site. The applicant has stated that "the subject property does not have any archaeological, cultural, or historic sites on the National Register or Hawaii Register." No professional flora or fauna surveys were conducted of the site. The applicant does not believe that rare or endangered floral or faunal resources are on the site. The property is located in an urban setting in close proximity to the airport and aviation related uses and was previously cleared and used as a dwelling site. The subject request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is located less than one mile from the shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. No valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Therefore, no action is necessary to protect these rights. In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kamaaina accounts of the area, historical survey of documentary records, botanical and/or fauna study was submitted. The valuable cultural, historical, and natural resources found in the rezoning area: As the site was formerly used as a dwelling site, an archaeological inventory survey of the site was not conducted. A condition will be included to require the applicant to cease any work and contact the Planning Department should any unanticipated archaeological features or sites be discovered during the course of improving the site. Possible adverse effect or impairment of valued resources: Native plants could be destroyed by construction and ground alteration. The property does not abut the shoreline, therefore Hawaiian gathering and fishing rights is not an issue. Stacy Higa, Chairman and Members of the County Council Page 5 Feasible actions to protect native Hawaiian rights: Conditions of approval will be included to require the applicant to notify the Department of Land and Natural Resources - Historic Preservation Division (DLNR-HPD) should any unidentified sites or remains be encountered, and proceed only upon an archaeological clearance from the DLNR- HPD. As the property was previously used as a dwelling site and is currently vacant, there is no evidence of any traditional and customary Native Hawaiians rights being practiced on the site, nor existence of any known valued cultural, historical or native resources in the area. Thus, it is believed that the project would have no adverse impact relative to the cultural and historical resources of the area. To the extent to which traditional and customary Native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights and no action is necessary to protect these rights. Based on the above findings, approval of this change of zone request from Single-Family Residential 10,000 square feet (RS-10) to Industrial-Commercial Mixed 20,000 square feet (MCX-20) would result in an appropriate land use pattern that will further benefit the general public. For your favorable consideration, an amendment to Section 25-8-33 (City of Hilo Zone Map), of the County Zoning Code is transmitted. We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. We have also enclosed a letter from the State Department of Transportation commenting on this application which was received after the Commission hearing. Sincerely, C. Cimo Alameda, Chairman Planning Commission UshiiKPC Enclosures cc: Mr. James Ishii Department of Public Works Department of Water Supply Department of Land & Natural Resources-HPD/Kong Rodney Haraga, Director/DOT-Highways, Honolulu Lincoln Ashida, Esq., Corporation Counsel LINDA LINGLE o RODNEY K. HARAGA GOVERNOR a~: ese DIRECTOR loos Deputy Diredas r J FRANCIS PAUL KEENO `,L ~{VI ® BARRYFUKUNAGA r, a BRENNON T. MORIOKA iVIiVI I I r:i-ail +sova edam` BRIAN H. SEKIGUCHI STATE OF HAWAII IN REPLY REFER TO: DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET STP 8.2221 HONOLULU, HAWAII 96813-5097 July 31, 2006 Mr. Christopher J. Yuen Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 Dear Mr. Yuen: Subject: James Ishii Change of Zone Application (REZ 06-0042) TMK: 2-2-35: 63 We have the following comments on the subject application for a proposed business facility project: 1. The applicant should be aware and acknowledge that the location of the project can be affected by noise, vibration and other aircraft activity due to potential overflights of aircraft. The applicant should design and plan its project accordingly. 2. Because of the close proximity of the project to Hilo International Airport and aircraft flight paths, the applicant should notify the FAA Hawaii District Office by filing FAA Form 7460-1 (Notice of Proposed Construction or Alteration), and provide a copy of such filing to our Airports Division Planning Section. 3. Any change, improvement and/or construction of an access driveway to our highway (Route 11- Kanoelehua Avenue) will require the prior review and approval of our Highways Division. The applicant should contact and consult with our Highways Hawaii District Office to obtain information on and discuss the conditions and requirements for the driveway. For example, no additional storm water runoff from the project site will be allowed onto the highway right-of-way, and construction plans for any work within, on or connecting to the highway right-of-way must meet highway standards and will need to be submitted to the Highways Division of approval. 017935 Mr. Christopher J. Yuen STP 8.2221 Page 2 July 31, 2006 We appreciate the opportunity to provide our comments. Very truly yours, OD tHGA Director of Transportation ]WmRBZAo 7111/06 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT JAMES ISHH CHANGE OF ZONE APPLICATION (REZ 06-000042) JAMES ISHH has submitted an application for a Change of Zone from Single-Family Residential 10,000 square feet (RS-10) to Industrial-Commercial Mixed 20,000 square feet (MCX-20) district for approximately 21,050 square feet of land. The property is located on the west side of Kanoelehua Avenue approximately 90 feet north of the Kanoelehua Avenue and Kekuanaoa Street intersection, Waiakea Houselots 1°` series, Waiakea, South Hilo, Hawaii, TMK: 2-2-35: 63. PROPOSED ACTION 1. Request: Change of zone from Single-Family Residential 10,000 square feet (RS-10) to Industrial-Commercial Mixed 20,000 square feet (MCX-20) to construct an approximately 7,200 square-foot one-story steel-framed building on the site. The building will be used for office and storage space for the applicant's construction business. (Exhibit 1- Change of Zone application) 2. Cost of construction: The estimated cost of the project is $1,000,000.00. 3. Landowners: James S. Ishii and Amy I. Esaki. STATE AND COUNTY PLANS 4. State Land Use Designation: Urban. 5. General Plan LUPAG Map: Industrial. 6. County Zoning: RS-10. 7. Proposed MCX Zoning: The purpose of the MCX (industrial-commercial mixed use) district is to allow mixing of some industrial uses with commercial uses. The intent of this district is to provide for areas of diversified businesses and employment opportunities by permitting a broad range of uses, without exposing non-industrial uses to unsafe and unhealthy environments. This district is intended to promote and maintain a viable mix of light industrial and commercial uses. ATTACH: Comm. 1047 Bill 334 • Height limit - 45 feet. • Minimum yards - front yards 20 feet, side and rear yards, none, except where the adjoining building site is in a RS, RD, RM or RCX zoned district. Where the side or rear property line adjoins the side or rear yard of a building site in a RS, RD, RM or RCX zoned district, side or rear yard must conform to the side or rear yard requirements for dwelling use of the adjoining district. 8. Hilo Community Development Plan: The Hilo Community Development Plan adopted by Planning Commission Resolution No. 1 on May 21, 1975 identifies the area as RS-10. 9. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies within the Coastal Zone Management area. 10. Special Management Area: The SMA is a part of the Coastal Zone Management Program regulated by the County. The project site is located less than one mile from the shoreline and is not in the SMA. DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA 11. Subject Property: The property is a relatively level approximately 21,050-square foot vacant parcel located between the Tracy Lewis Building to the north and the Tesoro Gas Station to the south on Kanoelehua Avenue. A single-family dwelling on the property was demolished in 1999 and the site is currently vacant. 12. Surrounding Zoning and Land Uses: The land uses in the immediate area are a mix of commercial and industrial uses. Hilo International Airport is zoned ML-20 and located east of the property. Commercial and/or industrial uses nearby include warehousing, aviation related uses, and office buildings. Immediately adjacent properties are zoned ML- 20, and there are MCX-zoned properties to the north and south of the site. 13. U.S.D.A. Soil Type: Keaukaha extremely stony muck, 6 to 20 percent slopes (rKFD). The Keaukaha Series consists of well drained, thin organic soils over pahoehoe lava bedrock. 14. Land Study Bureau's Productivity Rating: Unclassified. 15. Noise Impacts: Existing ambient noise includes airport/aviation use, traffic, wind and foliage. Short-term noise impacts associated with the project will be temporary with -2- compliance to all applicable State rules governing construction noise abatement. 16. Air Quality: The proposed project should not directly impact air quality in the area. Fugitive dust during construction can be mitigated by compliance with the Department of Health's regulations. The only impact to air quality would be associated with vehicular traffic to and from the site. 17. FIRM: Zone 'W', an area outside of the 500-year flood plain. 18. Coastal Hazards: The subject property is not an oceanfront parcel, and will not affect, or be affected by shoreline processes. 19. Recreational Resources: The proposed development will not reduce the size of the coastline or other areas used for public recreational uses. 20. Visual Resources: The proposed project will not affect the line-of-sight toward the ocean. 21. Flora/Fauna: No professional surveys were conducted of the site. The applicant states, "the subject property is cleared of any floral/faunal resources; therefore, there will be no impact on any native or exotic plants." The property is located in an urban setting in close proximity to the airport and aviation related uses. The site was previously cleared and used as a dwelling site. 22. Archaeological/Historical Resources: As the property was previously used as a dwelling site, no professional surveys were conducted of the site. The applicant has stated that "the subject property does not have any archaeological, cultural, or historic sites on the National Register or Hawaii Register." 23. Cultural or Native Gathering Rights: There is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of any known valued cultural, historical or native resources in the area. 24. Traffic: The applicant does not anticipate an increase in traffic in this area. The applicant states that "Kanoelehua Avenue should not be impacted due to traffic associated with this business. There are currently 5 employees that will arrive around 7:00 a.m.; they will leave to the job site shortly after and return at 3:00 p.m.... this will occur Monday to Friday." -3- 25. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. PUBLIC UTH.ITIES AND SERVICES 26. Access: Access to the project site is from Kanoelehua Avenue, a State highway with six lanes and a divided median in the project area. Along this section of Kanoelehua Avenue, the right-of-way is 120 feet. There is a sidewalk fronting the project site. 27. Water: County water is available to the site. 28. Wastewater: The project will connect to the County sewer line. 29. Solid Waste: Solid waste will be handled by commercial haulers. If required by the Department of Environmental Management, the applicant shall prepare a Solid Waste Management Plan. 30. Essential Utilities and Services: Electricity and telephone services are available to the site. AGENCIES' AND ORGANIZATIONS' COMMENTS 31. Department of Public Works: Exhibit 2 - June 30, 2006 memo 32. Police Department: Exhibit 3 - June 20, 2006 memo 33. Fire Department: Exhibit 4 - July 5, 2006 memo 34. Department of Health: Exhibit 5 - June 13, 2006 memo AGENCIES - NO RESPONSE 35. Department of Environmental Management, Civil Defense Agency, Fire Department, DLNR Land Division and Historic Preservation Division, Department of Transportation, Natural Resources Conservation Service PUBLIC COMMENTS 36. Exhibit 6 - June 12, 2006 letter from Concept Development. -4- T006 ~Y 4, „ u~HANGE OF ZONE APPLICATION rLf~i:s';; JT COUNTY OF HAWAII (vui l i ; PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: JAMES ISHII APPLICANT'S SIGNATURE: DATE: i bl ADDRESS: 1146-A MILILANI STREET HILO, HAWAII 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: JAMES ISHII PHONE:(Bus.) :208-935-0529 (Res.) 808-964-1243 (Fax) LANDOWNER(S): JAMEs ISHII LANDOWNER SIGNATURE(S): DATE:' 3 ( b -/(May be by letter) LANDOWNER(S) ADDRESS: 1146-A MILILANI STREET, HILO, UWAII 96720 REQUEST: RS-IO TO MCx-yg7o (Existing zoning) (Proposed Zoning) TAX MAP KEY: 3/2-2-035:063 STREET ADDRESS OF PROPERTY:596 Kanoelehua Avenue SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED 21,050 square feet AGENT: JAxvc T-HTT ADDRESS: 1146-A MILILANI STREET HILO, HAWAII 96720 TELEPHONE: (Bus.) 808-935-0529 (Res.) 808-964-1249 (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: COPIES: (See Instructions on Reverse Side) EXHIBIT ATTACHMENT Commercial, RM, Resort, & Industrial PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE if your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? If 1-es, please answer the rest of question I and then tc question 3. a• How many acres of the requested area do you intend to subdivide? b. Into what lot sizes? C. if your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you nave no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm ~t plans? b. Sell or lease the land to someone who has tentative plans? C. Sell or lease the land to someone who has no plans: NO a. Keep it? eS 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. -TL-C' I vi- i'S Li Y reo fly et VH Ce-vr r- le /i !'F b(4 f 14( r W,' I/ ,zt s' Icd 41,"1 S, lc 4 h,V~ 't-k Zcr~-C CtNd C(4ty 61`^e? -fjkA vc.A 6V -C czr' C.Lkwn ''"°~•`~S 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 performed any study which discusses the environmental impacts your request would nave on the D surrounding area and/or the County? If so, please elaborate on your findings in the space provided below. 6. Are there any buildings on the subject area? If so, what kind? What do you intend to do with those buildings if your request is approved? 7. Is the subject land currently being used for any Aj agricultural activity? I" y if so, please list the kinds of products grown on and how many square feet or acres of land per product? -3- e• To your knowledge, has there been any flooding and/or drainage problem on the subject area? If so, please describe the problem. 9. Do you think that the roads leading to the subject area needs improvement? If so, what kind? Is the road adequate for the proposed traffic volume or load? lo. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? NLD a. Schools PIC, b. Roads C. Sewer YL d. Drainage e= e. Police Protection VL f. Fire Protection 9. Recreational Facilities h. Recreational Facilities i. -4- For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. 11. Have you performed any historic sites study and/or survey of the subject area? If so, what were the results? Please, also, submit a copy of the study together with this change of zone supplement. ~Vvtt Uk,5 c~ol~ ~ 5 i 5 tih a~ vc:, cltvel~e~ caw Signature: Address: 1(44. Telephone: q3~ -oz29 Date: 4 I I o -5- 6338A/50A P. D. 5/84 Background and County Environmental Report (Attachment to Change of Zone, Project District, and Agricultural Project District Applications) A. Subject Request The proposed project is located at 596 Kanoelehua Avenue, South Hilo, Hawaii. T.M.K. 3/2-2-35:063 is 21,050 square feet. The current zoning of the property is RS-10. The owner is requesting a change in zoning from RS- 10 to MCX-20. The property is currently unimproved, vacant land which once had a single family dwelling that was demolished and removed from the site in 1999. We are proposing the construction of a new 7,200 square foot steel building. The building will be used to house the owners growing construction business. It will be used as an office and storage space. Given the current economic trends, the construction company is growing and will require this additional space to allow for modernization, employee comfort, efficiency, dry storage of tools and materials, and client comfort. The owner is anticipating a total construction cost of about $1,000,000.00 upon completion. Construction will commence upon obtaining the required rezoning approvals and County/State permits required for construction. We expect that the construction not exceed 5 years. All parking and loading/unloading areas for the facility will be provided for on site per the Planning Department's regulations. The owner does not anticipate an increase in traffic in this area. The amount of employees and visitors will have negligible impact on the current traffic load. Kanoelehua Avenue should not be impacted due to traffic associated with this business, there are currently 5 employees that will arrive around 7:00 am, they will leave to the job site shortly after and return at 3:00 pm this will occur Monday to Friday. There are typically no visitors to the office; therefore, there will be almost no impact to the current traffic condition on Kanoelehua Avenue. The existing off-site infrastructure includes an existing County water system, County sewer system, paved County standard road (Kanoelehua Avenue), electricity, telephone service, and cable service. The on-site infrastructure will include utilizing the existing 5/8" water meter, connecting to the County sewer system, grading and paving of the parking and loading/unloading areas, on-site storm water drainage system if required by the County, and connection to the electric and phone system along Kanoelehua Avenue. 1 ' I There is currently no immediate plans for road improvements to this area of Kanoelehua Avenue. All curb, sidewalk and gutter is existing. B. Conformance with State/County Plans The subject site is designated Urban by the State Land Use Commission. No State Land Use Permitting action is required. The proposed re-zoning of this site complies with the goals, policies and objectives of the County General Plan Land Use Pattern Allocation Guide Map. The area in which the site is located is designated as Industrial. Within this designation, mixed use industrial and commercial uses are allowed. It should be noted that there are other properties in this vicinity that have the same General Plan Designation and are zoned MCX, CG, CV & CN, which is similar to the applicant's requested zoning. The present zoning designation is RS-10. The General Plan Designation for the proposed site is Industrial which is consistent with the proposed change in zoning designation from RS-10 to MCX-110. The Hilo Community Development Plan (CDP) was adopted by the Planning Commission and by Council Resolution in 1975. It was intended to further define the General Plan and provide some short and middle range implementation strategies of the General Plan. The Hilo CDP and its Zone Guide Map suggests a RM-4 designation of this site, with the balance being retained in its existing RS-10 zoning. It should be noted that this Plan was adopted over thirty years ago, and the General Plan has been revised three times since. During this period, there have also been significant land use developments in the City of Hilo, such as the shopping area in and around the Puainako/Kanoelehua Intersection, expanded commercial uses near the education complexes, and expanded commercial/industrial uses along the southern portion of the Waiakea House lots area. These developments my render many of the land use concepts exposed in the CDP somewhat obsolete. The site of the proposed change in zoning application is not in a Special Management Area. C. Physical Characteristics and Environmental Setting of the Property and Surrounding Area The subject property is located at 596 Kanoelehua Avenue, further designated as T.M.K. 3/2-2-35:063. The subject property is located in the Waiakea House Lots. The property consists of 21,050 square feet of land area and is currently unimproved. 2 The elevation of the site is approximately 50 feet above mean sea level. The mean annual rainfall is about 136 inches per year. The wetter months tend to occur between October and April. The mean annual temperature is about 73° F. Wind patterns are generally trade winds (northeasterly) during the day and westerly during the evenings. The property is generally flat with a slight slope from east to west (Kanoelehua Avenue to Kalanikoa Street). The US Department of Agriculture Soil Survey Report classifies the soil as Keaukaha Series (rKFD), which is extremely rocky muck, well drained, thin organic soils overlying pahoehoe lava bedrock. Runoff is medium, and the erosion hazard is slight. The site is part of a built up urban area, therefore, the Land Study Bureau provides no soil classification of the site and surrounding area. The USGS map of Lava Hazard Zone for the Island of Hawaii classifies this area as a Lava Hazard Zone 3, as is the case for all of the City of Hilo. The subject property is located about 1 mile from the coast line. The US Corps of Engineers Flood Insurance Rate Map (FIRM) designates the site in Zone X, areas outside of the 500 year flood plain. There is no existing drainage ways on the site, and there is no anticipation that any new drainage ways will be required. Kanoelehua Avenue is a major roadway, the ambient noise level from traffic is quite high. The site is also near the Hilo International Airport and is subject to the noise associated with the incoming and outgoing flights. Given these factors, the applicants proposed zone designation change should have no additional noise impact to the surrounding properties. The proposed change in zone designation will not have an impact on the air quality of the area. The proposed project will not house industries that are air pollutant in nature, therefore, there will not be any additional air pollution generated by any activities at this site. There will not be any additional dust impact to the surrounding properties as a result of this development, between the paved areas for parking and the required landscaped areas, there will be no unimproved portion of the property that will create or increase the dust that may already be generated in the surrounding area. 3 The subject property does not have any archaeological, cultural, or historic sites on the National Register of Hawaii Register. The subject property is cleared of any floral/faunal resources; therefore, there will be no impact on any native or exotic plants. The property is located about 1 miles from the coastline and is in a developed area; therefore the proposed change in zone designation and potential development will have no scenic or coastal resource impact. There are no traditional or customary native Hawaiian rights that are exercised in the area of the proposed change of zone designation. There are no existing public access to or along the shoreline or the mountain areas and no knowledge of current or past public access being used. The social settlement pattern for the area is a mixture of residential properties and re-zoned commercial properties; the proposed change of zone designation is consistent with the current social settlement pattern of the area. The proposed project is located within the City of Hilo and is afforded all the economic resources available in the Hilo area. These include access to an International Airport, The Port of Hilo, shopping, police and fire protection, a work force, roads, public utilities, etc. There is no anticipation that this project will be limited by or limit the existing economic resources of the area. It is anticipated that the propose building will house a diverse group of business adding to and enhancing the Economic Resources in the area. The proposed project should not have an effect on the current land values in the area, many properties have already been re-zoned to commercial/industrial designations. Any increase in property values in the area has already been realized and any increase in land values will be associated with how strong the real estate market is in Hilo, not due to this proposed development. The surrounding land uses consist of some single-family residences, ohana lots, commercial properties, duplexes, industrial, and churches. The commercial properties include churches, offices, restaurants, convenience stores, gas stations, etc. The industrial properties include iron works, automotive repair, electronics, contractors, manufacturing, etc. Businesses within 500 feet of this property include Aloha Petroleum, Tracy Lewis, Teminix, Kavana Homes, Concept Construction, Concept Development, Isemoto Construction, Able Electric, The Pet Hospital, Hawaii Forklift, Hilo International Airport, Hawaii Used Cars, Delux Paints, along with other 4 Industrial zoned properties that have yet to be developed. The proposed development is consistent with the current surrounding land uses. The surrounding zoning includes MCX, CG, CV, CN, R, and RM. The proposed development is consistent with the current surrounding zoning. D. Public Facilities and Services Kanoelehua Avenue has a right of way of 120 feet, with pavement width of approximately 3 lanes on either side. Fronting the site, there is a paved sidewalk, approximately 8 feet wide. Kanoelehua Avenue is designated as a main throughfare on the Zoning Map. We do not anticipate vehicular movements to and from the site to be substantial. Generally, they will be associated with employee movements, and will occur between the hours of 7:00 am and 3:00 pm. Client traffic will be very minimal and will occur during business hours. The County water line fronts the subject site. The site is serviced by a 5/8" water meter. There is no anticipation for any additional water use, however, if the need arises, there is adequate water supply on Kanoelehua Avenue and any meter upgrades required by the Department of Water Supply will be complied with. There is an existing sewer main and sewer laterals fronting the property. The proposed new structure will be connected to the existing sewer lateral. All solid waste generated by the construction of the new structure will be removed and handled by a commercial hauler and disposed of in an authorized landfill. All solid waste associated with any operation will be handled through a commercial hauler and disposed of into an authorized landfill. The size of this development is very small; therefore, this development will have little or no impact on the existing solid waste situation. There is no anticipation that additional fire or police protection will be required for this development. There are two fire stations located within 5 minutes of the project location and the police station is located less than 3 miles from the site. There is no anticipation that there will be a need for additional schools or parks due to this development. The proposed development is not a residential development. Telephone, electricity and cable are available along Lanikaula Street. The current operation utilizes these utilities, and this is not expected to change with the new development. 5 E. Environmental Assessment and Analysis The intent of the project is to provide for long term sustainability. The long term sustainability will result due to the use of land that has already been developed this will help alleviate the need to opening up new land for development. As the business grows, the requirement for space both land and building becomes an important factor to the health of the business. With out growth, a business will die along with the opportunities it brings to its em;olyees and its community, This development will provided a home for this growing Hilo based business. Fee simple commercial space in Hilo is difficult to come by. As part of taking the companies future nto our own hands, we opted to invest in our future and create a commercial development to allow our company to attain its full potential. Most businesses today are unable to expand or even get started due to the short supply of commercially zoned space. Compounding the problem is the adjacent Industrial areas that are on lease land. Most leases are about to expire in the next 5 to 10 years. This uncertainty is not conducive to stability or sustainability. This proposed development will eliminate the uncertainty and allow for stability and sustainability. The development will have a useful life similar to any other structure in the Hilo area of the same type of construction. Therefore the use of environmental resources will satisfy both the short term and long term use of the proposed new structure. There are no foreseeable negative impacts associated with this development due to the size of the proposed development. The proposed development will enhance the area by providing for paved parking, landscaping, provide onsite drainage as required, and connection to the County sewer system. The only two alternatives available to this project is to do nothing or to build and additional home. Either option will not help the growth or development of the business. There are many more properties in Hilo with an RS zoning designation than there are properties with commercial zoning designation that can be used as described in the report. There are no irreversible and irretrievable commitments of natural resources that would be involved if the proposed action is implemented. The land has already been developed. F. General Discussions • The LUPAG map designates the site as Industrial, a designation that allows for the proposed zone change to MCX. There are several other properties within close proximity to this site that currently have similar zoning as is being requested. 6 • The requested zoning would be consistent with the goals, policies, and standards of the Economic and Land Use Elements of the General Plan. Specifically, the more pertinent ones follow: o Provide residents with opportunities to improve their quality of life. o Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. o The County of Hawaii shall strive for diversity and stability in its economic system. o The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. o The County of Hawaii shall strive for an economic climate which provides its residents an opportunity for choice of occupation. o The County of Hawaii shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. • This request will allow for an existing business to flourish this helps in the diversification of the local economy. Minimal to no impact on the County's natural and social environment is expected as a result of this development. • Land use elements. o Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. o Zone urban and rural type of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. o Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. o Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. o Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environments. • Land Use - Commercial Development 7 o Provide for commercial developments that maximize convenience to users. o Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities and neighborhoods. • Policies o Achieve a broader diversification of local industries by providing opportunities for new industries and strengthening existing industries. o Locate industrial area convenient to transportation facilities, and provide a variety of industrial zoned districts and lot sizes, depending on the needs of the industries and the communities. o Improve the aesthetic quality of industrial sites and protect amenities of adjacent areas by requiring landscaping, open spaces, buffers zones, and design guidelines. o Industrial and commercial development shall be located in area adequately served by transportation, utilities, and other essential infrastructure. o Industrial-commercial mixed use districts shall be provided in appropriate locations. o Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems. o Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. o 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. o Encourage commercial areas to develop on an axis perpendicular to the highway. • Standards o Commercial development shall be located in areas adequately served by transportation, utilities, and other amenities. o Off-street parking and loading facilities shall be provided. o Commercial development shall maintain or improve the quality of the present environment through the consideration of visual, access, landscaping, and other design elements in their development. 8 o Preference shall be given to commercial lands with reasonable level topography. • Courses of Action (South Hilo) o Continue to pursue the rehabilitation, renewal, and redevelopment of downtown Hilo. Continual improvement of other existing commercial areas must also be assured. o Commercial zoned lands in proximity to the University of Hawaii at Hilo shall be allocated as the need arises o Appropriately located commercial lands shall be allocated as the need arises. • As the City of Hilo continues to grow, there is a need for more commercially zoned lands. This is evident by some of the recent commercial re-zonings and their development on the outskirt of traditional central business core of Hilo. This request also reflects this demand. The subject site, in addition to attempting to meet this need, also fulfills other policies and standards articulated in the General Plan as pointed out above. The site is already serviced by adequate infrastructure. County water and sewer lines are already available. Police and fire protective services are available within two miles of the sites. This development should thus not require additional public services to be provided. The site does not have any on-site development constraints. The land is relatively level, and there are no flood or other hazardous conditions that would render the site a developmental problem and pose a burden to the public agencies. Being developed, the prospects of the site serving as a habitat for rare or endangered plant or animal life appear remote. Likewise, surface and subsurface archaeological remains do not appear to be likely on this site. The use is also compatible with the surrounding area. Although there are a few residences in the area, there are many businesses in the area also. There are churches, industrial buildings, commercial complex, apartments, restaurants, office buildings, and manufacturing facilities all within 500 feet of the site. The area is currently undergoing a change from residential to commercial; therefore, this project is compatible with the current trend in the area. 9 IJ aJE/~u.. 2p , > I 2Y ~ ~I ~Za Nzln s ai r`,, r, e .i ~ I :t -T-_-- J/lNJ/IY •i YOYNVn_Y>N ~g ~l s ~ 0 e, 2 t ~ y~r~~ R..r, Wv '11y.~~+~{ 7i~,f,3a o7 ps.°.Tr ve~ tS#r< . $E 7' i .E." ypo ; W E c-.~ ?-un ® r' y W t ? k.I® ~L ~ 2F ~F2 ET \ -asc$~ a9 y /uu m s - pLL<bm an ^`eC,~ v.~..,.° "v7 vn" aE 1 ~ V J, 8 g :c Z3 0 ~ 'i _=i.~/M.°~',`~ w~ Y '•v°°'"1 ~„v„e°.Y wv~nf 3 J tE~ G.~ O r"....%> w-n aET ~~~i utiw^.nN ~ I.xM.w~^~itiF •~~t s~~'~'w.`tW! ~ ~ °`..J 1 E Y w i°•v F, r~l ` ~ a°.Ji Y g+....-!G. s w! ~ 'f S - ~ ~~Xj'}\ 1 ~ : 6 p J0. ~ V ti t~Ril~i°~t•li'F3~.iF E~'~` PY ~ a 4 YS ° y r .«y 9a e JnN J/I Y'N -•~/NV7//d SF lY']j fF 1I'~d _ T ° O 1 k A T 1 k E$~3Z II _ ~ -~w bap 3i .40 me • E LO,Qp\ IYJR HF 1 Y IW•Orr O p(~ P ~q W p\ \ ~ ~o p0\ i `wR o ~ ' wa a y/ ~ R't -fA ~dQG " odov U $ .4$ ~n o N ~ ~ S \ b f` \ 3 w^ 9.0{ 01 \ 90' Bal --.00 .BSE S film p Iz ~wC nAD r2 c A^J Z 9s a IU D • m m'p D ® B p~ d -U (ml a D (PO m cr E D m r aN~~ p ql r' > g pA r t)> D r d~~ Eo r z ~ ~ z ° \a O ~ ~ ~ bM Y KANOELEHUA AVENUE WMAY tar-0' 2e'-Cr 4 I5'-0' i b I0 I d ~ B I o I _ I 2' I 1 I I g ~ I 1 1 I n . I SCALE: 1" = 10 o I u R i N 1Y I I O. b I I I I I I I b I 1 I I 1 I I b I I 1 I I I r/ 1 ~0•-V ~ 1 SEISACK 1' 1 I I I ~t i 4 6 4 50' m O pD n m O .ZD1 0r0 c 107.y O n .ZD1 y OT N D o7 Z SO > D f~Tl Rl O N K1 O W N ~l n N O N N r 0 p 2 N O JOB NO. PROPOSED WAREHOUSE BUILDING FOR: SITE PLAN 05-030 ~s~ias~rinf ~reesA, fao. o n JAMES ISFO Caio1 9 0ro1 + RRO, H 96M z DATE SEPT 2005 REV. Phone 633-TROD .o~ a REV.Q REV. WAIKEA HOUSE LOTS, HILO, HAWAII F. (808) 933-353c Mlca~ REV. REV. T.M.K: (3) 2-2-035: 063 i DEPARTMENT OF PUBLIC WORKS COUNTY OF HAW HILO, HAWAII s JUL 3 AM 93 Cilt~7y A7 I 30, 2006 TO: Christopher J. Yuen, Planning Director FROM: Department of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 06-000042) Applicant: James Ishii Request: RS-10 to MCX-20 Tax Map Keys: 2-2-35:063 We have reviewed the subject application forwarded by your memo dated June 8, 2006 and offer the following comments for your consideration. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the 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). All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. Questions may be referred to Kelly Gomes of the Engineering Division at ext. 8327. KG EXHIBIT M<v of N, Harry Kim Lawrence K. Mahuna Police Chief 3? Mao006 ri Harry S. Kubojiri NT Deputy Police Chief County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street • Hilo, Hawaii 96720-3998 (808)935-3311 • Faz(808)961-8869 June 20, 2006 TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM DEREK D. PACHECO, ACTING ASSISTANT POLICE CHIEF AREA I OPERATIONS SUBJECT: CHANGE OF ZONE APPLICATION (REZ 06-000042) APPLICANT: JAMES ISHII REQUEST: RS-10 TO MCX-20 TAX MAP KEY: 2-2-35:63 Staff, upon reviewing the provided documents and visiting the proposed site, does not anticipate any significant impact to traffic and/or public safety concerns. Thank you for allowing us the opportunity to comment. LW/Ili EXHIBIT M3SY. .~k i- 3 "Hawai'i County is an Equal Opportunity Provider and Employer" 1 rro :d06 1CtL p r~~.......... ~ Harry Kim tl Darryl J. Oliveira , Mayor Fire Chief R . - - Desmond K. Wery Cot )IV1 ! l:" r~V4 Nl ••9'r Oi w~'~> Deputy Fire Chief Couutp of lobiail FIRE DEPARTMENT 25 Aupuni Street • Suite 103 • Hilo, llawaN 96720 (808)961-8297 • Fax(808)961-8296 July 5, 2006 TO: CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM: DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ 06-000042) APPLICANT: JAMES ISHII REQUEST: RS-10 to MCX-20 TAX MAP KEY: 2-2-35:63 In regards to the above-mentioned Change of Zone application, the following shall be in accordance: Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "Sec 10.207. (a) General Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. "2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b). r1%coo EXHIBIT 016694 y< ~ 57% Hawaii County is an Equal Opportunity Provider and Employer. Christopher J. Yuen July 5, 2006 Page 2 "3. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire-fighting or rescue operations would not be impaired "More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high-piled combustible storage, see Section 81.109. "(c) Width. The unobstructed width of a fire apparatus access road shall meet the requirements of the appropriate county jurisdiction. "(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. "EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. "(e) Permissible Modifications. Vertical clearances or widths required by this section may be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. "(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all- weather driving capabilities." (20 tons) "(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the tuning around of fire apparatus. "(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using designed live loading sufficient to carry the imposed loads of fire apparatus. "(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief. " (15%) Christopher J. Yuen July 5, 2006 Page 3 "(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. "(1) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both." Water supply shall be in accordance with UFC Section 10.301(c): "(c) Water Supply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed, in accordance with the respective county water requirements. There shall be provided, when required by the chief, on-site fire hydrants and mains capable of supplying the required fire flow. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. "The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207. A14 O MA Fire Chief JCP:Ipc LINDA LINGLE CHIYOME L. FLIKINO, M.D. GOVERNOR Director of Health aft" i' I L if i UV L P; =idr ;vU ; i r `';7r"';!I STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: June 13, 2006 TO: Christopher J. Yuen Planning Director, County of Hawaii i~ FROM: Larry K. Shiro Acting District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 06-000042) Applicant: James Ishii Request: RS-10 to MCX-20 Tax Map Key: 2-2-35:63 The Health Department found no environmental health concerns with regulatory implications in the submittals. WORD:REZ 06-000042.my 0-161 '3' EXHIBIT Con cept devel opment 81 JUN ?3 PM. 3 0~~r. tL1~ln;l! _ IP-JENT UOiJt d i Y v HAWN1 June 12, 2oo6 County of Hawai'i County Planning Department ioi Pauahi Street Hilo, Hawai'i 9672o RE: Notice of Submittal of Application and Planning Commission Hearing Rezoning Request (RS-io to MCX-io) Applicant - James Ishii Tax Map Key: (3)2-2-35:63 Kanoelehua Avenue, Hilo Please be advised that we strongly support the purposed change of zone from Single-family residential to Commercial Mixed Use for the above listed property. Sincerely, Bruce A. Hansen President cc: James Ishii EXHIBIT 558 Kanoelehua Ave., Hilo, Hawaii 96720 015800 808 935-0279 • Fax 808 935-7597 Builders License Number BC 16835 1 RlshuREZ.doc-7/ 11/06 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION JAMES ISHII CHANGE OF ZONE APPLICATION (REZ 06-000042) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director recommends that a favorable recommendation of the Change of Zone from Single-Family Residential 10,000 square feet (RS-10) to Industrial-Commercial Mixed 20,000 square feet (MCX-20) be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting a change of zone from Single-Family Residential 10,000 square feet (RS-10) to Industrial-Commercial Mixed 20,000 square feet (MCX-20) to construct an approximately 7,200 square-foot one-story steel-framed building on the site. The building will be used for office and storage space for the landowner's construction business. The estimated cost of the project is $1,000,000.00. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from a Single-Family Residential 10,000 square foot (RS-10) to Industrial-Commercial Mixed 20,000 square foot (MCX-20) zoned district will conform to the goals, policies and standards of the General Plan Economic and Land Use Elements. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The request conforms to the goals, policies and standards of the General Plan in that the proposed development will be developed in an area adequately served by necessary services such as water, utilities, sewers and transportation systems. The proposed project also conforms to the Land Use - Industrial sub-element which states that "Industrial development shall be located in areas adequately served by transportation, utilities and other amenities." The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The project area is designated Industrial on the LUPAG Map. This industrial designation includes uses such as manufacturing and processing, wholesaling, large storage and transportation facilities and light industrial uses. The MCX zoning would be consistent with the Industrial designation on the LUPAG Map for this area of Hilo. The State Land Use designation for the subject property is Urban. The Hilo Community Development Plan (CDP) adopted in 1975 suggests the retention of residential uses in this area. However, this area is transitioning to commercial and light industrial uses. The advantage of this area is its location in close proximity to water, air transportation terminals, harbor facilities and the residential population of Hilo. The proposed change of zone would complement the existing industrial and commercial land uses that already exist in this area and will provide for an orderly development of the area. -2- The MCX zoning designation was created when the Zoning Code was amended in 1996. In accordance with Section 25-5-130, Hawaii County Zoning Code, this district would allow a mix of light industrial and commercial uses. The intent is to provide for areas of diversified businesses and employment opportunities by permitting a broad range of uses, without exposing non-industrial uses to unsafe and unhealthy environments. The property is a relatively level approximately 21,050-square foot vacant parcel located between the Tracy Lewis Building (ML-20) to the north and the Tesoro Gas Station (MI.-20) to the south on Kanoelehua Avenue. A single-family dwelling on the property was demolished in 1999 and the site is currently vacant. The land uses in the immediate area are a mix of commercial and industrial uses. Hilo International Airport is zoned ML-20 and located east of the property. Commercial and/or industrial uses nearby include warehousing, aviation related uses, and office buildings. There are MCX-zoned properties to the north and south of the site. All utilities and services are available to the site. Access to the project site is proposed from Kanoelehua Avenue, a State highway with six lanes and a divided median in the project area. Along this section of Kanoelehua Avenue, the right-of-way is 120 feet. There is a sidewalk fronting the project site. County water is available to the site. The project will connect to the County sewer system. Solid waste will be handled by commercial haulers. If required, the applicant shall prepare a Solid Waste Management Plan. Electricity and telephone services are available to the site. The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The project site is located within Zone "X", area determined to be outside the 500-year floodplain. All development generated storm run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. As the project site was previously improved with a dwelling, no professional surveys were conducted of the site. The applicant has stated that "the subject property does not have any archaeological, cultural, or historic sites on the National Register or Hawaii Register." No professional flora or fauna surveys were conducted of the site. The applicant does not believe that rare or endangered floral or faunal resources are on -3- the site. The property is located in an urban setting in close proximity to the airport and aviation related uses and was previously cleared and used as a dwelling site. The subject request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is located less than one mile from the shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. No valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Therefore, no action is necessary to protect these rights. In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kamaaina accounts of the area, historical survey of documentary records, botanical and/or fauna study was submitted. The valuable cultural. historical and natural resources found in the rezoning area: As the site was formerly used as a dwelling site, an archaeological inventory survey of the site was not conducted. A condition will be included to require the applicant to cease any work and contact the Planning Department should any unanticipated archaeological features or sites be discovered during the course of improving the site. Possible adverse effect or impairment of valued resources: Native plants could be destroyed by construction and ground alteration. The property does not abut the shoreline, therefore Hawaiian gathering and fishing rights is not an issue. Feasible actions to 1rotect native Hawaiian rights: Conditions of approval will be included to require the applicant to notify the Department of Land and Natural Resources - Historic Preservation Division (DLNR-BPD) should any unidentified sites or remains -4- be encountered, and proceed only upon an archaeological clearance from the DLNR- HPD. As the property was previously used as a dwelling site and is currently vacant, there is no evidence of any traditional and customary Native Hawaiians rights being practiced on the site, nor existence of any known valued cultural, historical or native resources in the area. Thus, it is believed that the project would have no adverse impact relative to the cultural and historical resources of the area. To the extent to which traditional and customary Native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights and no action is necessary to protect these rights. Based on the above findings, approval of this change of zone request from Single-Family Residential 10,000 square feet (RS-10) to Industrial-Commercial Mixed 20,000 square feet (MCX-20) would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map), Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -5- CleliliREZAd 7/17/06 JAMES ISHII CHANGE OF ZONE APPLICATION (REZ 06-000042) CONDITIONS OF APPROVAL A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this ordinance. C. Construction of the proposed development shall be completed within five (5) years from the effective date of this ordinance. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Chapter 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structures, paved driveway access and parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans 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) and Section 25-5-137 (Landscaping of Yards in the MCX District). D. Ingress and egress to the subject property from Kanoelehua Avenue shall meet with the approval of the Department of Transportation. Any improvements, if required, shall meet with the approval of the Department of Transportation. E. Streetlights and traffic control devices shall be installed as required by the Traffic Division, Department of Public Works. F. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. If required, a drainage study shall be prepared and submitted to the Department of Public Works prior to the issuance of Final Plan Approval. Any drainage improvements, if required, shall be constructed, meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. G. The project shall connect to the existing County sewerline prior to the issuance of a Certificate 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 Certificate of Occupancy. 1. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources - State Historic Preservation Division (DLNR-BPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-BPD when it finds that sufficient mitigation measures have been taken. 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. The applicant shall comply with all County, State and Federal laws, rules, regulations and requirements. L. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of enactment of the ordinance. The report shall include, but not be limited to, the status of the development and the extent to which the conditions of approval have been satisfied. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Planning Director acknowledges that further reports are not required. M. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. -2- 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 Department shall submit the applicant's request to the Planning Commission for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. -3- p`~.MTV os COUNTY OF HAWAII STATE OF HAWAII . oi.M~A BILL NO. ORDINANCE NO. (PLANNING DEPT) 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 - 10,000 SQUARE FEET (RS-10) TO INDUSTRL4L-COMMERCIAL MIXED - 20,000 SQUARE FEET (MCX-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-35:63. 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 Industrial-Commercial Mixed - 20,000 square feet (MCX-20): Beginning at a nail set at the northeast corner of this parcel of land, also being at the southeast comer of Lot 12, Block 23, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 1,563.00 feet South and 11,075.00 feet East and thence running by azimuths measured clockwise from true South: 1. 00° 00' 00" 100.00 feet along the west side of Kanoelehua Avenue to a nail found; 2. 90° 00' 00" 210.50 feet along Lot 16-A-1, Block 23, to a spike found; 3. 180° 00' 00" 100.00 feet along Lot 13, Block 23, to a pipe found; -1- 4. 270° 00' 00" 210.50 feet along Lot 12, Block 23, to the point of beginning and containing an area of 21,050 Sq. Ft., more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made 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 1st Reading: Date of 2nd Reading: Effective Date: -2- - o RS-10 RS-00 RS-10 RS 10 ML-f0 g :H]UALUANIST RS-10 ML-20 RS-10 R -10 ML-10 R 10 ML-20 RS-10 OPEN M -10 S-10 S-10 o OPEN y m ~ m S °a RS-10 ML-20 CG-20 y y m RS-10 OPEN ML 0 ~ MCX-20 CG-20 ML-20 11,563 S 11,075.00E RS-10 "HALAP~6 ML-20 RS-10 RS-10 R -10 R 10 ML-20 KEKUANAOA ST SINGLE-FAMILY R -10 RS-10 CN 10 RS-10 ESIDEN IAL-10,000 SQ. FT. (RS-10) TOIND STRIAL-COMMERCIAL RS-1o 7,7MIXED-!0,000 SQ. FT. MCX-20 21,050 SQ. FT. R -10 N RS-10 MCX-20 RS- 0 W E __1 + S ML 0 RS 10 RS-10 RS-10 RS-10 240 120 0 240 480 720 960 12feet 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-10,000 SQ. FT. (RS-10) TO INDUSTRIAL-COMMERCIAL MIXED-20,000 SQ. FT. (MCX-20) AT WAIAKEA, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII MK: 2-2-035:063 Date: June 6, 200 EXHIBIT "A" (James isnii:1204)