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Home My WebLink AboutCOM 0565.000 2006-2008 MSV O/q 4 Harry Kim ~ . ~ Dixie Kaetsu Mrsyor Mrsnrsging Director n i :J.,. ' ~ ~ r C ~ ~ ? ~ ~ Barbara Kossow oi•M~~ - - ~ Deputy Mrsnnging Director County of Hawaii 25 Aupuni Street, Roam 21S Hib, Hawaii 96720-0252 (808) 961 S2I I Fax (808) 961fiS53 KONA: 75-5706 Kuakini Highway, Suice 103 • Kailua-Kona, Hawaii 96740 (808) 3295226 Fax (808) 326-5663 July 23, 2007 Honorable Pete Hoffmann, Chairman and Members of the County Council County of Hawaii 333 Kilauea Avenue Hilo, HI 96720 Dear Chairman Hoffmann and Members: Change of Zone Application (REZ 07-000065) Applicant: Cynthia Thomas Request: RS-10 to MCX-20 Tax Map Key: 2-2-36:90 Change of Zone Application (REZ 06-000038) Applicant: Guy Nakao Request: A-la to CN-20 Tax Map Key: 2-3-37:9 ~hange of Zone Application (REZ 06-000047) Applicant: Malulani, Inc. Request: A-la to RM-I.S Tax Map Key: 2-3-37:15 County Council Initiated Amendment to Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition, as amendedl relatine to Retail Establishments 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 Conunission's letters and enclosures regarding the above-referenced requests. SincSino re Harry Kim Gomm. No. SIDS Mayor Ref. To• PC. Enclosures Ref. Date,~~UL 2 7 2007 cc: Planning Department 8 ~J~-l t3°?~ tr or r~'~ County of Hawaii PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808)961-8288 Fax (808)961-8742 July 23, 2007 Pete Hoffmann, Chairman and Members of the County Council County of Hawaii 333 Kilauea Avenue, 2"d Floor Hilo, HI 96720 n.. V Deaz Chairman Hoffinann and Council Members: c r__ Change of Zone Application (REZ 06-000047) R. Applicant: Malulani, Inc. y Request: A-la to RM-1.5 Tax Man Key: 2-3-37:15 The Planning Commission, after a duly held public hearing on July 6, 2007, voted to recorrtfi~end for your approval the proposed legislative bill for a change of zone from Agricultural -1 acre (A-la) to Multiple Family Residential - 1,500 squaze feet (RM-1.5) for 1.278 acres of land. The property is located on the south side of Ponahawai Street approximately 600 feet east of the Komohana Street-Ponahawai Street intersection, Ponahawai, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: Change of zone from A-1 a to RM-1.5 to develop a 24-unit condominium project. Proposed are three, two-story buildings with four units on each floor. Each unit will be approximately 900 square feet and include two bedrooms, two baths, living room, dining room, kitchen and patio. There will be approximately 41 paved pazking stalls. The projected selling price of the units is less than $300,000 each. The project will be constructed incrementally with the first building consisting of eight units commencing construction in 2007. The remaining units aze proposed to be completed within five years thereafter. The cost of the development is approximately $3.5 million. Hawai `i County is an Egual Opportunity Provider and Employer Pete Hoffmann, Chairman and Members of the County Council Page 2 In order to consider an azea for any type of zoning designation, the applicable goals, policies and standazds 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. The change of zone request from an A-la to a RM-1.5 zoned district conforms to applicable goals, policies and standazds of Land Use (Commercial) and Economic Elements of the General Plan. 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 requested change of zone conforms to the LUPAG Map, which designates the property and its immediately surrounding area as Medium Density Urban. Such designation may allow neighborhood commercial uses, including office and retail uses. The request would also complement a South Hilo course of action of the General Plan which states, "appropriately zoned lands shall be allocated as the need for multiple residential development increases....." The project site is located within close proximity to other commercial areas, employment centers and public safety services. The property is a vacant, rectangulaz parcel on the south side of Ponahawai Street, near the Komohana Street - Ponahawai Street intersection. The property was formerly planted in sugar cane but is presently overgrown with weeds and other introduced plant species. The pazcel is encumbered with two drainage easements, one ("D-7") along the northeastern and the other ("D-6") along the southern portion of the property. The site plan submitted by the applicant shows a structure identified as "Phase III" located in a drainage easement. As no structures are allowed to be constructed in a drainage easement, or per proposed Condition D, within the flood zone, project plans will need to be revised. Nearby lands are in a mix of commercial and agricultural uses. The adjacent property makai of the site has been graded. The adjacent mauka property is vacant. The Ka Waena Lapaau medical office complex at the northern corner of the Ponahawai Street - Komohana Street intersection is located in close proximity to the property. The Matsuno Enterprises property, which was rezoned from A-1 a to CN-20, is located east of the property. The Church of Jesus Christ of Latter Day Saints, allowed by Use Permit No. 199 in April, 2004, is located on the north side of Ponahawai Street. There is an orchid nursery in close proximity to the property. Homelani Cemetery is located along the north side of Ponahawai Street, makai of the project site. Pete Hoffinann, Chairman and Members of the County Council Page 3 The project site has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. According to the FIRM map, the southern portion of the property is in Flood Zone "A", the Special Flood Hazazd Area inundated by the 100-year flow where no base flood elevations are determined. This information is confirmed by the Department of Public Works. The DPW states that construction within the designated FEMA flood zone shall comply with the requirements of Chapter 27, Flood Control, of the Hawaii County Code. The project site has been previously used for sugar cane and has been overgrown and vacant for years. The presence of any known raze, threatened, or endangered species or endangered floral and fauna species is remote. Likewise, the existence of azchaeological sites within the property is unlikely. By letter dated June 26, 2006, the applicant requested a determination of "no effect." By letter dated August 17, 2006, the SHPD-HPD has responded that no historic properties will be affected by this undertaking because a) residential development/urbanizationhas altered the land; b) previous grubbing/grading ha altered the land; c) this project is located in an established subdivision. The applicant has stated that access will be from Ponahawai Street, a County roadway with aright-of--way width of 60 feet with a 24-foot wide pavement and 4-foot wide grassed shoulders. The Deparhnent of Public Works states that access to the subject pazcel is limited through the Road and Utility Easement ("RU-3") and shall conform to Chapter 22, County Streets, of the Hawaii County Code." The applicant shall also be required to 1) allow unrestricted access through the 15-foot wide road and utility easement ("RU-3") within the property to the owner of TMK 2-3-37: 16; and 2) allow unrestricted access through the 25-foot wide road and utility easement ("RU-7") within its other property identified as TMK 2-3-37: 10 to the owners of TMK: 2-3-37: 8 and 9, as well as any other property that is supposed to have any easement over any of the applicant's properties within lots created by and required by Subdivision No. 7389. The Department of Public Works (DPW) recommends that the applicant provide full improvements to the project's frontage along Ponahawai Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation meeting with the approval of the DPW. All essential infrastructure to support the proposed development is or can be made available to the site. Electrical and telephone services are available to the property. Police and fire services are located less than one mile from the site. County water is available from an existing 6-inch or 8-inch waterline fronting the property along Ponahawai Street. The property is not serviced by the County sewer system. Wastewater Pete Hoffmann, Chairman and Members of the County Council Page 4 will be disposed in a septic system, meeting the requirements of the Department of Health. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is not proximate to the shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access that traverses the property. According to the applicant, no valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the azea. 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 azea, historical survey of documentary records, or botanical study was included in the application. By letter dated August 17, 2006, the DLNR-HPD has stated that "no historic properties will be affecting by this undertaking." • The valued cultural, historical, and natural resources found in the rezoning azea: According to the applicant, there are no valued cultural, historical and natural resources found in the rezoning azea. The property was previously used for sugaz cane. The DLNR-HPD has stated that "no historic properties will be affected by this undertaking." • Possible adverse effect or impairment of valued resources: Given the scope of work previously conducted and the property's urban setting, no known raze, threatened, or endangered species are known to inhabit the pazcel or aze expected to be discovered on the site. • Feasible actions to protect native Hawaiian rights: According to the applicant, no gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights aze exercised, the proposed action will not Pete Hoffmann, Chairman and Members of the County Council Page 5 affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. Based on the above findings, the request to reclassify the property from Agricultural 1-acre (A-la) to Multiple-Family Residential 1,500 square feet (RM-1.5) would result in an appropriate land use pattern and 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. Sincerely, William Graham, Chairman Planning Commission Lmalulani02PC Enclosures cc: Mr. Brian Nishimura Malulani, Inc. Deparhnent of Public Works Department of Water Supply Department of Land & Natural Resources-HPD/Kona DOT-Highways, Honolulu Lincoln Ashida, Esq., Corporation Counsel BMa(uleuiREZ2.6/26/07 COUNTY OF HAWAII PLANNING DEPARTMENT REVISED BACKGROUND REPORT MALULANI, INC. CHANGE OF ZONE APPLICATION (REZ 06-000047) MALULANI, INC. has submitted an application for a Change of Zone from Agricultural 1-acre (A-la) to Multiple-Family Residential 1,500 squaze feet (RM-1.5) for approximately 1.278 acres of land. The property is located on the south side of Ponahawai Street approximately 600 feet east of the Komohana Street/Ponahawai Street intersection, Ponahawai, South Hilo, Hawaii, TMK: 2-3-37: 15. PROPOSED DEVELOPMENT 1. Request: Change of zone from A-1 a to RM-1.5 to develop a 24-unit condominium project. Proposed are three, two-story buildings with four units on each floor. Each unit will be approximately 900 square feet in size and include two bedrooms, two baths, living room, dining room, kitchen and patio. There will be approximately 41 paved parking stalls. The projected selling price of the units is less than $300,000 each. (Exhibit 1- Change of Zone application) 2. Site Plan: The site plan submitted by the applicant shows a structure identified as "Phase III" located in a drainage easement and within a flood zone. As no structures are allowed to be constructed in a drainage easement, or per proposed Condition D, within the flood zone, project plans will need to be revised. 3. Timetable: The project will be constructed incrementally with the first building consisting of eight units commencing construction in 2007. The remaining units aze proposed to be completed within five yeazs thereafter. 4. Cost of development: $3.5 million. 5. Landowner: Malulani, Inc. GENERAL INFORMATION 6. Proposed RM Zoning: • Height limit - 120 feet -1- Attach: Comm. 565 Bill 139 • Mmxmum building site azea - 7,500 squaze feet • Setback -front and reaz 20 feet; side yards, eight feet for aone-story building, plus an additional two feet for each additional story • Maximum density - 1,500 squaze feet of land area per dwelling unit or separate remable unit. STATE AND COUNTY PLANS 7. SLU Designation: Urban. 8. GP LUPAG Map: Medium Density Urban, which may allow village and neighborhood commercial and residential and related uses. 9. County Zoning: Agricultural 1-acre (A-la). 10. Hilo Community Development Plan: The Hilo CD Plan adopted as Planning Commission Resolution No. 1 on May 21, 1975 identifies the azea as RS/RM PUD. 11. Coastal Zone Management, Chapter 205A, HRS: The entire State of Hawaii lies within the Coastal Zone Management Area. 12. Special Management Area: The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The property is not situated within the Special Management Area. The property is not proximate to the shoreline, and will not be impacted by coastal and beach erosion. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 13. Subject Property: The property is a vacant, rectangulaz parcel on the south side of Ponahawai Street, neaz the Komohana Street - Ponahawai Street intersection. The property was formerly planted in sugaz cane but is presently overgrown with weeds and other introduced plant species. The pazcel is encumbered with two drainage easements, one ("D-7") along the northeastern portion and the other ("D-6") along the southern portion of the property. 14. Surrounding Land Uses/Zoning: Nearby lands aze in a mix of commercial and agricultural uses. The adjacent property makai of the site has been graded. The adjacent mauka property is vacant. The Ka Waena Lapaau medical office complex is located at the northern corner of the Ponahawai Street - Komohana Street intersection. The Matsuno -2- Enterprises property, which was rezoned from A-la to CN-20, is located east of the property. The Church of Jesus Christ of Latter Day Saints, allowed by Use Permit No. 199 in April, 2004, is located on the north side of Ponahawai Street. There is an orchid nursery in close proximity to the property. Homelani Cemetery is located along the north side of Ponahawai Street, makai of the project site. 15. U.S.D.A. Soil Type: HOC, Hilo silty clay loam, 0 to 10 percent slopes. The surface layer is dazk brown silty clay loam about 12 inches thick, very strongly acid, and the subsoil is strongly acid to medium acid. This soil dehydrates irreversibly into fine gravel-size aggregates. 16. ALISH: Unclassified. 17. Land Study Bureau's Productivity Rating: Unclassified. 18. FIRM: According to the FIRM map, the southern portion of the property is in Flood Zone A, the Special Flood Hazard Area inundated by the 100-yeaz flow where no base flood elevations aze determined. This information is confirmed by the Department of Public Works. The DPW states that construction within the designated FEMA flood zone shall comply with the requirements of Chapter 27, Flood Control, of the Hawaii County Code. 19. Flora/Fauna: No professional floral or faunal survey was prepared, as the property was previously grubbed. No known raze, threatened, or endangered species are known to inhabit the pazcel or are expected to be discovered on the site. Plant species on the site include California and Wainaku grass. The applicant has stated that it is highly unlikely that the project area would serve as a habitat for any rare or endangered faunal resources. "The proximity to urban development would indicate that domestic animals such as cats or dogs as well as rats or mongoose would be present." 20. Archaeological/CulturaUHistorical Resources: No azchaeological inventory survey was prepazed, as the property was extensively altered by heavy machinery and previously utilized for the cultivation of sugar cane. The property has remained vacant since sugaz cultivation was terminated in 1971, and no valued cultural or historical resources exist on the site. No traditional and customary native Hawaiian rights are exercised on the site. -3- By letter dated June 26, 2006, the applicant requested a determination of "no effect" from the State Department of Land and Natural Resources Isstoric Preservation Division. By letter dated August 17, 2006, the SHPD-HPD has responded that no historic properties will be affected by this undertaking because a) residential development/urbanization has altered the land; b) previous grubbing/grading has altered the land; c) this project is located in an established subdivision. 21. RecreationaWisual Resources: The proposed use of the property will not negatively impact recreational resources and visual resources to or from the shoreline. The applicant states that no scenic or open space resources to the shoreline coastal view plane or coastal ecosystem will be negatively impacted by the proposed action. 22. Public Access: There is no public access to the mountains or the shoreline that traverses the property. UTII.TTIES AND SERVICES 23. Access: The applicant states that the proposed access will be from Ponahawai Street, a County roadway with aright-of--way width of 60 feet with a 24-foot wide pavement and 4-foot wide grassed shoulders. The Department of Public Works states that access to the subject parcel is limited through the Road and Utility Easement "RU-3" (no vehiculaz access planting screen easement beyond) and shall conform to Chapter 22, County Streets, of the Hawaii County Code." Easement "RU-3" is located along the property's western border. A No Vehiculaz Access 10-foot wide Planting Screen Easement (Document No. 2001-073886 dated May 7, 2001) is also identified along Ponahawai Street fronting the subject property. 24. Water: County water is available from an existing 6-inch or 8-inch waterline fronting the property along Ponahawai Street. 25. Wastewater: The property is currently not serviced by the County sewer system. Wastewater will be disposed by a septic system, meeting the requirements of the Department of Health. 26. Solid Waste: The applicant states that waste generated by the proposed project will be disposed of at appropriate sites designated by the Department of Environmental -4- Management. 27. Utilities and Services: All essential utilities and services are available to the site. AGENCIES' COMMENTS 28. Department of Public Works: Exhibit 2 -August 31, 2006 memo 29. Department of Water Supply: Exhibit 3 -September 6, 2006 memo 30. Police Department: Exhibit 4 - August 23, 2006 memo 31. Fire Department: Exhibit 5 -August 21, 2006 memo 32. Department of Environmental Management: Exhibit 6 -August 25, 2006 memo 33. Department of Parks and Recreation: Exhibit 7 -August 15, 2006 email 34. Department of Health: Exhibit 8 -August 24, 2006 memo 35. Office of Housing and Community Development: Exhibit 9 -September 11, 2006 memo 36. Department of Education: Exhibit 10 -August 25, 20061etter 37. DLNR Historic Preservation Division: Exhibit 11-August 17, 20061etter AGENCIES - NO RESPONSE 38. Department of Land and Natural Resources Land Division, Natural Resources Conservation Service AGENCIES - NO RESPONSE 39. Exhibit 12 -September 10, 20061etter from Desmond K. W. Wong, MD -5- CHANGE OF ZONE APPLICATIONS 12 A"3 9 38 ru~r~r~.a„ >,-r,,<.,:s"tPvs~rdT COUNTY OF HAWAII CGUN7"`r Cr I-U~v"J,~!! PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: NALIILANI, INC_ (David, Basque, President) APPLICANT'S SIGNATURE: Q'~~ - ~~3%d~~/' DATE: 7/3/06 ADDRESS: P_O. Boa 135 Realak cua, HI. 96750 LIST APPLICANT'S INTEREST IF NOT OWNER: same as applicant (Ivan Basque, Vice Pres LIST PRINCII'AL(S) INCLUDING NAMES OF MAIN OFFICERS: Davyann Basque, Sic/Treas ) PHONE:(Bus.) (808) 322-3439 (Res.) (Fax) (808) 322-6039 LANDOWNER(S): same as applicant LANDOWNER SIGNATURE(S): DATE: (May be by letter) .ANDOWNER(S)_ADDRESS: REQUEST: Agricultural 1 acre (A-la)TO Multiple Residential (RM-1 .5) ((Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 2-3-37 : 15 STREET ADDRESS OF PROPERTY: SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 1.278 ac . AGENT: Brian T. Nishimura, Planning Consultant ADDRESS: 101 Aupuni St_, Ste. 217 Hilo, HI. 96720 TELEPHONE:(Bus.) (808) 935-7692 (Res.) (808) 935-7486 (F~) (808) 935-7692 Please indicate to whom original correspondence and copies should be sent. ~ JRIGINAL: applicant COPIES: agent (See Instructions on Reverse Side) EXHIBIT ATTACHMENT t t Commercial, RM, Resort, & Industrial PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. if your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? No If yes, please answer the rest of question I and then to question 3. a• How many acres of the requested area do you intend to subdivide? b. Into what lot sizes? c. if your request is approved, approximately how long after the date of approval do you expect to submit ~ } your subdivision plans to the Planning Department for preliminary approval? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you nave no firm plans of subdividing the subject area, do you intend to: a. Sell ox lease the land to someone who has firm plans? No b. Sell or lease the land to someone who has tentative plans? No c. Sell or lease the land to someone who has no plans? No d- Keep it? No e. other (please state) Develop a 24-unit condominium project 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. A 24-unit condominium project is proposed which will consist of three 2-story buildings with 4 units on each floor_ Financing for the first building has been secured and construction will commence in 2007. The remaining units are expected to be completed within five years_ C 9. Have you performed any study which would demonstrate a need for your proposed building and/or development? No if so, please elaborate on your findings in the space provided below. Although no specific study has been conducted for the proposed project, data from the Hawaii Housing Policy Study conducted in 2003 has been analyzed_ Respondents to a survey conducted for the Housing Study indicated that approximately 40% (868 respondents; in the North :and South Hilo districts were willing to accept a mult-family unit that could be purchased.. This would indicate that buyers would accept a lower priced alternative that provided a homeownership opportunity while alloying them to build equity towards their goal of purchasing a single family dwelling. -2- 5• Have you performed any study which discusses the ~ environmental impacts your request would nave on the yes surrounding area and/or the County? If so, please elaborate on your findings in the space provided below. 'ghe required County environmental report has been prepared for the subject application_ Please see the attached. report for the discussion on environmental impacts. 6. Are there any buildings on the subject area? No If so, what kind? f What do you intend to do with those buildings if your request is approved? Is the subject land currently being used for any agricultural activity? No if so, please list the kinds of products grown on and how many square feet or acres of land per product? -3- 8• To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. There is a drainage easement crossing the southern end of the subject property as yell as a smaller drainage easement on northeast corner of the property_ 9. Do you think that the roads leading to the subject area needs improvement? No If so, what kind? Is the road adequate for the proposed traffic volume or load? Yes 10. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? e~ aw a. Schools % b, Roads % c. Sewer % d. Drainage e. Police Protection f. Fire Protection g, Recreational Facilities % h. Recreational Facilities i. -4- For those checked "yes," please elaborate what type or kinds of l improvements and/or assistance are needed. 11. Have you performed any historic sites study and/or survey of the subject area? If so, what were the results? Please, also, submit a copy of the study together with this change of zone supplement. No study has been done. The prior use of the subject property for sugar cane cultivation makes it highly unlikely that any archaeological resources are present on the property_ f... i Signature: ~ ~or~i 1 Address: P.O. Bo 35, Sealakekua, HI. 96750 Telephone: 'j 2, Z -3Gf3~j Date: t~ -5- CHANGE Oh' ZONE APPLICATION BACKGROUND AND COUNTY ENVIItONMENTAL REPORT APPLICANT: Mahilani, Inc. REQUEST: Agricultural one•acre (A-la) to Multiple Family Residential one thousand five hundred square feet (RM-1.5) TAX MAP KEY: (3) 2-3-37:15 A) SUBJECT REQUEST 1) Details of the Proposed Development: a) Project description: The applicant is requesting a Change of Zone for approximately 1.278 acres of land from an Agricultural one-acre (A-1 a) to a Multiple Family Residential one thousand five hundred square feet (RM-1.5) zoned district. The property is located on the south side of Ponahawai Street, approximately 400 feet east of the Komohana Street Ponahawai Street intersection, Ponahawai land division, South Hilo, Island of Hawaii and identified as Tax Map Key: (3) 2-3-37: 15. The applicaut is proposing to develop a 24-unit condominium project on the subject property. Three, 2-story condominium buildings are proposed with 4 units on each floor. Each unit will consist of approximately 900 square feet and inchuie 2- bedrooms, 2-baths, living room, dining mom, kitchen and a patio. There will be a single access off of Ponahawai Street with 4I paved parking stalls. The projected ( selling price of these units is anticipated to be less than $300,000. b) Statement of objectives and reasons for the request: The applicant intends to address the existing demand for moderately priced residential units that are affordable to families earning between 120% - I4t)fl/o of the median family income in the County of Hawaii. A survey conducted as part of the Hawaii Housing Policy Study in 2003 indicated that the vast majority of families (86%), considered potential buyers and renters in the North and South Hilo districts, would prefer to own a single family dwelling. Unfofimately, many first time home buyers aze unable to afford the current market prices for single family residences and the same housing survey indicated that approximately40`/0 (868 respondents) of the potential buyers were willing to accept amulti-family unit. The proposed condominium project will offer a lower priced alternative to these potential buyers, providing a homeownership opportunity while allowing them to build equity towazds their goal of purchasing a single family dwelling. c) Timeframe and cost: The proposed project will be built incrementally with the first building, consisting of 8 units, commencing construction in 2007. The remaining units are expected to be completed within five years thereafter The total cost of the proposed project is estimated at approximately $3.5 million. d) Traffic impacts: The proposed 24unit condominium project will have a single access point on to Ponahawai Street. Ponahawai Skeet is a County roadway with a 24foot wide pavement and 60-foot wide right-of-way. There is a signalized intersection approximately 600 feet west ofthe subject property (Ponahawai Street- Komohaaa Street) and another signalized intersection approximately 3,000 feet east 1 of the subject property (Ponahawai Street-Kapiolani Street). Traffic generated by the proposed condominium project is not anticipated to have an adverse impact on traffic ~ ~ conditions in the azea. B) CONFORMANCE WITH STATE/COUNTY PLANS 1) State Land Use designation: The subject property is situated within the State Land Use Urban district. The proposed change of zone from A-la to RM-1.5 is consistent with the Urban district designation. 2) Applicable goals/policies and objectives of the General Plan: The proposed project is consistent with the following goals, policies, and objectives of the General Plan. 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 Waal-types of uses in azeas 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. Housine Element Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain a diversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply that allows a variety of choices. • Create viable communities with affordable housing and suitable living environments. • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Make affordable housing available in reasonable proximity to employment centers. • Encourage and expand home ownership opportunities for residents. • Vacant lands in urban azeas and urban expansion azeas should be made available for residential uses before additional agricultural lands aze converted into ~ residential uses. \ 2 • Aid and encourage a wide variety of housing to achieve a diversity of socio- economic housing mix. 3) General Plan designation: The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designation for this section of the South Hilo District is Medium Density Urban. The Medium Density Urban designation is intended for "Village and neighborhood commercial and residential and related functions (3-story commercial; residenfial - up to 35 units per acre." The requested change of zone and proposed 24-unit condominium project is consistent with the Medium Density Urban designation. 4) Applicable goals/policies objectives and priority guidelines of the Hawaii State Plan: The proposed project is consistent with the following goals, policies, objectives and priority guidelines of the Hawaii State Plan. Goal fto achievel • A strong, viable economy, characterized by stability, diversity, and growth, that enables the fulfillment of the needs and expectations of Hawaii's present and future generations. • Physical, social, and economic well-being, for individuals and families in Hawaii, that nourishes a sense of community responsibility, of caring, and of participation in community life. Obiectives and Polices for Population • Promote increased opportunities for Hawaii's people to pursue their socio- economic aspirations throughout the islands. • Plan the development and availability of land and water resources in a coordinated manner so as to provide for the desired levels of growth in each geographic area. Obiectives and Polices for Socio-Cultural Advancement--Housing Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, and livable homes, located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals, through collaboration and cooperation between government and nonprofit and for-profit developers to ensure that more affordable housing is made available to very low-, low- and moderate-income segments of Hawaii's population. • The orderly development of residential azeas sensitive to community needs and other land uses. • Effectively accommodate the housing needs of Hawaii's people. • Stimulate and promote feasible approaches that increase housing choices for low- income, moderate-income, and gap-group households. • Increase homeownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. 3 • Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns t of existing communities and surrounding azeas. • Facilitate the use of available vacant, developable, and underutilized urban lands for housing. Population Growth and Land Resources Priority Guidelines • Priority guidelines for regional growth distribution and land resource utilization: • Encourage urban growth primarily to existing urban areas where adequate public facilities aze already available or can be provided with reasonable public expenditures, and away from areas where other important benefits are present, such as protection of important agricultural land or preservation of lifestyles. • Make available mazginal or nonessential agricultural lands for appropriate urban uses while maintaining agricultural lands of importance in the agricultural district. • Utilize Hawaii's limited land resources wisely, providing adequate land to accommodate projected population and economic growth needs while ensuring the protection of the environment and the availability of the shoreline, conservation lands, and other limited resources for future generations. Affordable Housing Priority Guidelines • Seek to use mazginal or nonessential agricultural land and public land to meet housing needs of low- and moderate-income and gap-group households. ~ i • Give higher priority to the provision of quality housing that is affordable for Hawaii's residents and less priority to development of housing intended primarily for individuals outside of Hawaii. 5) Zoning: The zoning designation for the subject property is Agricultural one acre (A-la). 6) Community Plans: The Hilo Community Development Plan, adopted by the Planning Commission in 1975, designates the azea as RS/RM PUD uses. In discussing multiple residential land use the Plan states, "the Kukuau/Mohouli and Upper Ponahawai azeas which are adjacent to or neaz the downtown should be rezoned for multi-family use." 7) Special Management Area (SMA): The subject property is not situated within the SMA boundary. C. PHYSICAL CHARACTERISTICS AND ENVIItONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA 1) Description of the subject property: The property is located on the south side of Ponahawai Street, approximately 600 feet east of the Komohana Street-Ponahawai Street intersection, Ponahawai land division, South Hilo, Island of Hawaii and identified as Tax Map Key: (3) 2-3-37: 15. The subject property has not been utilized for any productive use since sugar cultivation was discontinued on the property in the 1971. The property is currently vacant of any structures. ~ ) 4 2) Lava Hazard Zone: The volcanic hazard as assessed by the United States Geological Survey for the project area is " 3" on a scale of ascending risks 9 to 1 (Heliker 1990). Zone " 3" includes all of the city of Hilo situated south of the Wailuku River. 3) Distance from the coastline: The coastline is situated approximately 5,600 feet east of the subject property. 4) Agricultural Lands of Importance to the State of Hawaii (ALISH) designation: The subject property is not classified by the Agricultwal Lands of Importance to the State of Hawaii (ALISH) classification system. 5) U.S.D.A. Natural Resources Conservation Services Soil Service Report soil type: The soils of the project azea aze classified as Hilo silty clay loam (HoD), chazacterized as well-drained, silty clay looms formed in volcanic ash. The Agricultural Capability Subclass rating for HoD soils is IVe, non-imgated, which indicates "sofls have very severe limitations that reduce the choice of plants, require very careful management, or both." (U.S. Soil Conservation Service 1973) 6) Land Study Bureau soil rating: The overall master productivity rating for the soils of the subject property is Class C which is described as "fair". 'n Existing drainage ways or improvements: There aze no existing drainage ways or improvements on the subject property. A drainage easement is designated along the southern end of the subject property and another drainage easement is designated on the northeast comer of the property. 8) Air/noise/water quality: The air quality of the subject property is primarily affected by pollutants derived from the volcanic emissions from the ongoing Kilauea erupfion. The only other source of air pollution affecting the project site is vehicle exhaust emissions from Ponahawai Street. In general, however, the ambient air quality of the project azea meets all federal and state standazds as evidenced by its designation as an "attainment" azea by the State Department of Health, Clean Air Branch. Existing noise levels in the vicinity of the subject property aze primarily influenced by traffic along Ponahawai Street. There are no major noise generators in close proximity to the subject property. The proposed condominium project will generate short-term noise impacts during the construction phase. Contractors will be required to comply with established State Department of Health guidelines and standazds relating to noise. The closest water body to the project area is the Pacific Ocean, approximately 5,600 feet east of the project site. As such, the proposed change of zone is not anticipated to have any impact on water quality. 9) Existing archaeological, cultural or historic sites on National Register or Hawaii Register: An Archaeological Inventory Survey has not been conducted for the subject property. The subj ect property has been extensively altered by heavy machinery and has previously been utilized for the cultivation of sugaz cane. Secondary growth has also been grubbed making it highly unlikely that any azchaeological features remain on the property. The property has remained vacant since sugar cultivation was terminated in 1971 and has not been utilized by native Hawaiian people or any other ethnic group for carrying out traditional practices and beliefs. Based on the foregoing, a letter requesting a "no effect" determination was transmitted to the State Historic Preservation Division on 5 June 26, 2006. No response from the State Historic Preservation Division has been received to date. 10) Existing floraUfaunal resources (any native or exotic plants; any listed or candidate for endangered species): The subject property was previously grubbed and the existing vegetation of the project area is predominantly California grass and Wainaku grass. No raze or threatened or endangered species are present or would be affected, and no adverse effects to any ecosystem are expected from the proposed project. Due to the prior disturbance on the subject property, it is highly unlikely that project area would serve as habitat for any roar or endangered faunal resources. The proximity to urban development would indicate that domestic animals such as cats and dogs as well as rats and mongoose would be present. 11) Scenic or coastal resources: The predominant scenic views in the vicinity of the project azea are of the ocean and horizon of Hilo Bay to the east and Mauna Kea to the northwest. The views from Ponahawai Street will not be adversely affected by the proposed rezoning because the scenic views are not being blocked by the proposed project. There are no coastal resources in the immediate vicinity of the subject property. 12) Social settlement pattern for the area: The project azea is within an azea of transition which has largely remained vacant since sugaz cultivation was temunated in the eazly 1970's. Land uses in the vicinity are a mix of residential and commercial uses. In addition, there have been a number of other rezoning applications along Ponahawai Street in close proximity to the subject property which aze proposing commercial uses. 13) Economic resources of the area: The project area is situated in close proximity to ! employment centers, shopping centers, schools, churches, public and private service providers and the University of Hawaii at Hilo. 14) Land values: Land values in Hilo have been on the rise reflecting a tight housing and residenfial land market. A sununary of the Hawaii Housing Policy Study conducted in 2003 stated the following: "Reviewing the data for the County of Hawaii from 1990 to the present, it is cleaz that several trends have shaped the market: • Moderate increases in production of for-sale housing units, responding to the mid-market demand that was so strong in the early 1990s; • Major decreases in pent-up demand during the nineties as population growth rates slowed; • A residual willingness of Hawaii residents to consider moving out of state to azeas with a lower housing costs; • Increased interest by upper-income mainland US residents in Hawaii as a second home, and perhaps retirement, location; • Low mortgage rates, spurring booms in refinancing and home ownership; • Decreasing household sizes, due in part to an aging population; and 6 ~ • Very low or no production of new rental units, even though demand is increasing. "Taken together, these trends have led to a very active real estate market and, in recent yeazs, sharply increasing prices. Over the long term, prices should level off again, in part because mortgage rates will stabilize, in part because of the historical pattern of price increases and plateaus due to the small inventory in Hawaii mazkets. The longer-term issue of rental supply remains. In 2003, the excess of demand over supply was evident in dramatically decreased availability and skyrocketing rents. Most portents for the future suggest those conditions will not change soon." 15) Land use: The project azea is situated in a pocket of vacant urban designated land that has not been intensively utilized since sugar cultivation was terminated in the early 1970's. Nevertheless there aze a wide variety of land uses within a 3/4 mile radius of the subject property including single family residential, commercial offices, schools, churches, and multi-family residential uses. 16) Zoning: All of the pazcels immediately adjacent to the subject property are situated within the State Land Use Urban district and aze zoned Agricultural one acre (A-1 a). Pazcels within a''/Z mile radius of the subject property aze zoned Single Family Residential seven thousand five hundred square feet (RS-7.5), Neighborhood Commercial twenty thousand squaze feet (CN-20) and Multiple Family Residential one thousand square feet (RM-1). D) PUBLIC FACILITIES AND SERVICES 1) Description of access: Access to the subject properly is provided by Ponahawai Street, fronting along the northern border of the subject property. This County roadway has a 24-foot wide pavement within a 60-foot wide right-of way. 2) Availability of water: County water is available from an existing 8-inch waterline along Ponahawai Street. 3) Sewage disposal: The project area is not situated within the service linuts of the County's wastewater disposal system. The proposed project will utilize a private septic system unless the County sewer line is extended to service the project azea. 4) Solid waste: There is no municipal collection system for solid waste in the County of Hawaii. All waste generated by the proposed project will be disposed at appropriate sites designated by the Department of Environmental Management. 5) Police and fire protection: The police and fire stations aze situated approximately 1 mile southeast and east of the subject property. 6) Schools: The project azea is served by Hilo High School, Hilo Intermediate School and Hilo Union School which are a111ess than two miles north of the project site. ~ Parks: Lincoln Park, Gilbert Carvalho Park, Mohouli Park, Hilo High School and Hilo Intermediate School are within one mile of the subject property. 8) Other utilities and services (telephone/electricity): The subject property is served by electrical and telephone lines along Ponahawai Street. E) ENVIRONMENTAL ASSESSMEN'T' AND ANALYSIS 7 1) Relationship between local short term uses of environment and maintenance and , enhancement of long term productivity: The project azea has been previously utilized for sugar cane production which terminated in 1971. The property has not been intensively utilized since that time. Although the project area. is zoned Agriculture one acre (A-la) the property is situated within the State Land Use Urban district and designated for Medium Density Urban uses by the Hawaii County General Plan. Given the foregoing, approval of the change of zone application will allow a more intensive use of the property which will result in a more efficient utilization of the land. 2) Mitigative measures proposed to avoid, minimize, rectify or reduce impact: Impacts resulting from the proposed change of zone aze expected to be min;mal. Any potential impacts can be mitigated by complying with all applicable code requirements. 3) Alternatives to the proposed development: In the event that the change of zone application is denied, the A-1 a zoning will remain in place. The subject property could be utilized for small scale agriculture or as a residential home site. 4) Irreversible and irretrievable commitments of natural resources that would be involved if the proposed action is implemented: The subject property has been extensively altered by heavy machinery and has previously been utilized for the cultivation of sugar cane. Secondary growth has also been grubbed making it highly unlikely that any azchaeological, cultural, botanical or faunal resources remain on the property. The property has remained vacant since sugaz cultivation was terminated in 1971 and has not been utilized for any intensive purposes. As such, the conversion of these former sugaz cane lands to a mulflple family residential development will not adversely affect the agricultural productivity potential of the South Hilo district. .j ~l 8 a.• E an s.~.. _~w. ~ t \ i z. i 2 ~ ~ 4 P u N d M a .n e'~/ i - K _ _ v"oror ! ~ • ; - ' L. C A~ 4 G s y .E ` -s - N A N a A\ ~~%~F P u b s ~ r Z N C_.. \ M 0 J ~ E w ° 0 k 0 ~ j C I a w /1 p / P~"9yMrv.~/ 6T. P _ ~ Y C k~ ~ iE7 ya _ i ~ ~ •~a ~ ~ i ~ v " a ,y'~ e, _ A ' ~ ? _ J moo, J ~ - re ~n - y~ ~ ~ y~ r i ~ ti ~R a. <.-.J i 1 ~ { ~ a,.N ti a NMaI y ~ a _ S. ~i 9fOl S i I r O F ~+[/e •s3 E S~ ~ ~ h N ~ ~ ~ 1 ~ V ' w e. O } a I _ I - I I I I I I! I n..,. I ra er I I I I I i i i{ y7 I ~ °a { I~I4 I I 9~ 4 9 I I ~ I ~ i 's I I • I e t ~t a I ` I - ~i I a~ 0 ~ I f I I ~ 4 ~ I I _ ~ ~ I I ~ ? ? pl I 1 31~ I .if ~ ~I IT ~ 4~ I ~ V ;x' hM I I I ` cS I ~t 3 _ 1 I i _ ! ~ ~ ~ ~ a~Ra~ ~ t i ~ I ~=~~r a I a I ~ 9r r ~ I I ~ ar I : ~ i f I ~ \I% ~ t j I t I u I I ~ t I I ~~l 'g' proposed apertmanb tor. I I~j ~ i David Basque patsn , ~ ~ ~ 7eiN: ~ , DEPARTMENT OF PUBLIC WORK~~" ?QQ$ SEP 1 ACS 1 OtT CO HILO, OHAWAIIVAII DATE: August 31, 2006 _ 'ri i~T rLr-~,v~y,yjjP,~~~j~~~~~ ~ l,/~Ir ~ k TO: Christopher J. Yuen, Planning Director FROM: ~ Department of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 06-000047) Applicant: Malulani, Inc. Request: A-1 a to RM-1.5 Tax Map Key: 2-3-37: 015 We have reviewed the subject application forwarded by your memo dated August 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. A portion of the subject parcel is located within Flood Zone A as designated on the Flood Insurance Rate Map by the Federal Emergency Management Agency (FEMA). Flood Zone A is the Special Flood HazardArea inundated by the 100-yearflood where no base flood elevations are determined. The parcel is also encumbered with two drain easements. Construction within the designated FEMAflood zone shall comply with the requirements of Chapter 27, Flood Control, of the Hawaii County Code. All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. Ponahawai Street is a County right-of-way that is classified as a secondary arterial of 60 feet width. Access to the subject parcel is limited through Rd. & Util. Esmt. "RU-3" (no vehicular access planting screen easement beyond) and shat) conform to Chapter 22, County Streets, of the Hawaii County Code. ~ We recommend the applicant provide improvements to the property's entire frontage along m Ponahawai Street consisting of, but not limited to, pavement widening with concrete curb, gutter = _ 1 and sidewalk, drainage improvements, and any required utility relocation, meeting with the approval x ~~i of the Department of Public Works. LV 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 the Engineering Division at ext. 8327. Qa~.89~9 rnnnn, wua..,aa :c an Fnnal (lnnnrtnnHv Drnvidrr and F.....I,...n. ~ ill ~ WA)pt fd<e qq gg O p pry i~~4 Cl~f ~ Il! i 19 tf o ~ DEPq¢F7Ti`I~~NT OF',yy;ll\~~{~i SUPPLY COUNTY OF HAWAII + ~~L91(}}~V k~E16DyCNA~'~.~REET, SUITE 20 HILO, HAW AI`I 98720 ytf NINP~t; DO TELEPHONE (808) 961-8050 FAX (808) 961-8657 September 6, 2006 TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ 06-000047) APPLICANT - MALULANI, INC. REQUEST: A-lA TO RM-1.5 TAX MAP KEY 2-3-037:015 We have reviewed the subject application and have the following comments and conditions. Water can be made available from an existing 6-inch waterline or 8-inch waterline within Ponahawai Street fronting the subject parcel. The subject parcel currently has a 1-inch service lateral installed to it capable of accommodating one 5/8-inch meter, or one unit of water, which is limited to a maximum of 600 gallons per day and suitable for only one single-family dwelling. Pursuant to Rule 5 of the Deparhnent's Rules and Regulations, the Department requests that the applicant remit a water commitment deposit of $150.00 per additional unit of water as soon as possible so that a water commitment maybe formally effected. The commitment will be in writing with specific dates and conditons stated. Based on the proposed 24-unit multi-family development, the water commitment deposit amount is $3,450.00 for 23 additional units of water. Upon receipt of the water commitment deposit, we will provide our requirements for water service, applicable facilifies chazges due, and other condifions for final approval. Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected, water availability is subject to change without nofice, depending on the water situation. Should there be any questions, please contact Mr. Finn McCall of our Water Resources and Planning Branch at 961-8070, extension 255. Sin rely ours, Milto Pavao, P.E. r Mana er FM:sco ®191.76 copy - Malulani, Inc. EXHIBIT Mr. Brian T. Nishimura ~ / Water brinc~~ rroc~re~~... J The Department of Water Supply is an Equal Oppodunity 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) ( .r or _ d~~~ Hari~~~~* 23 ~ ~l LawreaceK.Mahana Mayor Police Chief CG'uf~1(iv= 1-If~uJf^~Il Harry S. Kabojiri Deputy Police Chief County of Hawaii . POLICE DEPARTMENT 349 Kapioleai Street • Hilo, Hawaii 96720-3998 (808) 935-3311 Fax (808)961-8869 ' August 21, 2006 TO RISTOPHEF3,J. YUEN, PLANNING DIRECTOR 1 FROM MES M. DAY, A~STANT POLICE CHIEF, AREA I OPERATIONS SUBJECT CHANGE OF ZONE APPLICATION (REZ 06-000047); APPLICANT: MALULANI, INC.; REQUEST: A-1a TO RM-1.5; TMK: 2-3-37:15 Staff, upon reviewing the provided documents and visiting the proposed site, does not anticipate any significant impact to trafFc and/or public safety concerns. Thank you for allowing us the opportunity to comment. RKA/Ili EX ~ BIT ~~.~s~~ "Hawai`i County is an Equal Opportunity Provider and Employer' ~ „(rear Harry AfJG ~ 4 ~ ~Q ~ Darryl J. Oliveira Mayor Fire CRief i~nr` ` ~ ~ ~ ~ ~ T'a ~~T ~ q -..w. Desmond K. Wery 1J4JVIVT,~ V}- F~t'J YYN~ ~-oi ~P Depuy Flre CRief ~outttp of ~~bnaci`i FIRE DEPARTMENT 25 Aupual Street • Suite 103 • Hilo, Hawaii 96720 (808) 961-8297 Faa (808) 961-8296 August 21, 2006 TO: CHRISTOPHER J. YUEN, PLANNING DII2ECTOR FROM: DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ 06-000047) APPLICANT: MAI,ULANI, INC. REQUEST: A-la to RM-1.5 TAX MAP KEY: 2-3-37:15 In regazds to the above-mentioned Change of Zone application, the following shall be in accordance: Fire appazatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "Sec. 10.207. (a) General Fire appazatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire appazatus access roads shall be required for every building - hereafter constricted when any portion of an exterior wall of the first story is located more than 150 feet from fire depaztment vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: 1. When buildings aze 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). a~.a~ec~ EXHIBIT = P„~e~y~ ~REDti~ Hawai i County is an Eaual Ovuortunitu Provider and Emvivver. Christopher J. Yuen August 21, 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 appazatus road may be required when it is detern~ined 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. "Forhigh-p>7ed 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 aze 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 cleazances or widths aze not adequate to provide Ere appazatus access. "(f) Surface. Fire appazatus 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 taming 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 fuming around of Ere appazatus. "(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 appazatus. "(j) Grade. The gradient for a Ere apparatus access road shall not exceed the maximum approved by the chief" (15%) Christopher J. Yuen August 21, 2006 Page 3 "(lc) 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 cleazances 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 Snpply. 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. ARR OLNEIRA Fire Chief JCP:lpc x hTY OF ,,,w 4~~_. ,9, i ~ - ~~J~, ~ARQy~g1H ~'1 .n Barbara Bell CCtu~i~ ~6jjUUtUJ V ( Director a'...M• .e..~' Nelson Ho COUr~d l ~r vi' 1-1F5UdA(! Deputy Director ~~uxrf~r of ~tt£lrttti DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Stree[, Room 210 • Hilo, Hawaii 96720-0252 (808) 961-8083 • Fax (808) 961-8086 MEMORANDUM Date : August 14, 2006 To CHRISTOPHER YIIEN, Planning Director From: BARBARA BELL, Director`j~~ Subject: Change of Zone Application (REZ 06-000047) Applicant: Malulani, Inc. Request: A-Ola to RM-1.5 TMK: 2-3-37:15 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: n' WASTEWATER COMMENTS: yc ( ) No comments ( )Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ( )Require 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: / 4+,`~ TECHNICAL SERVICES COMMENTS: lt~__~5~,,~g~~<L~g/r~ An~ /S Q/1Q~'. (U SOLID WASTE COMMENTS: ( ) No comments Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. Qo) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. (a4) Ample and equal room should be provided for rubbish and recycling. OG) Greenwaste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. (k) Construction and demolition waste is prohibited at all County Transfer Stations. ('x) 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: ec: swD, Tss, wwD ~~CHIBIT86s® Hawaii County is an equal apportuniry provider and employer xx..`~ r ~It+~~~ ~''•?i~ Barbara Bell Director Harry Kim Mayor Michael Dworsky P.E. . Solid Waste Division Chief ~'OF'M County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuai Street, Room 210 • Hilo, Hawai i 96720-0252 (S08) 961-8083 • Fax (808) 961-8086 - June 6, 2006 SOLID WASTE MANAGEMENT PLAN Guidelines INTENT AND PURPOSE This is to establish guidelines for reviewing solid waste management plans, for which special conditions are placed on developments. The solid waste management plan will be used to: (1) encourage recycling and recycling programs, (2) predict the waste generated by the proposed development to anticipate the loading on County transfer stations, landfills and recycling facilities, and (3) predict the additional traffic being generated because of waste and recycling transfers. REPORT The consultant's report will contain the following: 1. Description of the project and the potential waste it may be generating: i.e. analysis of anticipated waste volume and composition. This includes waste generated during the construction and operational phases. Greenwastes will be included in this report for both construction grubbing and future operational landscape maintenance. 2. Description and location of the possible sites for waste disposal or recycling. We will not allow the use of the County transfer stations for any commercial development; commercial development as defined under the policies of the Department of Environmental Management, Solid Waste Division. 3. Since the Department of Environmental Management promotes recycling, indicate onsite source separation facilities by waste stream; i.e. source separation bins of glass, metal, plastic, cardboard, aluminum, etc. Provide ample and equal space for rubbish and recycling. 4. Identification of the proposed disposal site and transportation methods for the various components of the waste disposal and recycling system, including the number of truck traffic and the route that truck will be using to transport the waste and recycled materials. ( < ~ . Solid Waste Management Plan Guidelines Page 2 of 2 5. The report will include any impacts to County waste and recycling facilities, and the appropriate mitigation measures. All recommendations and mitigation measures will be addressed. 6. Description of the waste reduction component that analyzes techniques to be employed to achieve a reduction goal. 7. Analysis will be based on the highest potential use or zoning of the development. REQUIREMENTS AND CONDITIONS 1. A solid waste management plan will be done for all commercial developments, as defined under the policies of the Department of Environmental Management, Solid Waste Division. 2. We will require the developer to provide or resolve all recommendations and mitigation measures as outlined in the report; besides any conditions placed on the applicant by the Department of Environmental Management. 3. A licensed environmental or civil engineer will draft and certify the solid waste management plan. CONCUR: Barbara Bell DIRECTOR 10/13/03 Revised 06/06/06 Hawaii County is an Equal Opportunity Provider and Employe ii , _ ~ ~Z D ( - Uo0 D `~'7 l~ [ ryas ~~c ~ 5 ~r(~ , w•... ~~~3'S~k kR`~'~ 4 ~t{'S.(..~~~1~^Ni:~°V'~yA ii.,~,~¢}~~yy~t4~1~~i:~T.~fk '~"F '!„3,~`'~1 } "'f ~~ff Y i' FS W.,+; • From. ~Errgelhani, Patnoa C~UI~ (Y OF ~ ~ t, Pv9ENi- Serrt: Monday, August 14, 2006 5:47 PM HFi4V~l1 To: Hayashi, Norman , Cc: Yuen, Chris; Komata, James; Mixuno, Pamela Subject: Change of Zone Applicaiion, Malulani, Inc. A-ia to RM-1.5 TMK 2-3-37:15 Aloha Mr. Hayashi, In response to your memo of August 7, 2006, regarding the Sutrjed Application, Parks and Recreation ony asks that fair share amounts be paid by the developer to acoomnrodate the increased density of persons requiring recreational outlets in the area ofthe development. Thank you for allowing our input. Patriaa G. Frigelhard Director of Parks and Recreation EXHIBIT ®1~3~`~ 7 t_ t g u F h, j S~ ,0+'a i ~ LINDA LINGLE ~w a CNIYOME LEINAALA FUKINO, M.D. GOVERNOR ~~VU ~~iu ry+' n ~ DIRECTOR OF HEALTH G U I~ iU 55 A/ 1.; f ti°~.~ e r~ 'h ~-5~l~~Il' 1vUi~'(°; Fv~,Vth~fl STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: August 24, 2006 TO: Christopher J. Yuen Planning Director, County of Hawaii FROM: Larry K. Shiro ~'"S~ Acting District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 06-000047) Applicant: Malulani, Inc. Request: A-la to RM-1.5 Tax Map Key: 2-3-37:15 Wastewater Branch does not concur with the Change of Zone Application. Each condominium will require its own wastewater disposal system. Each wastewater system requires a minimum of 10,000 square feet. For 24 units, the land area required is 240,000 square feet, or 5.5 acres for 24 wastewater disposal system. Underground Injection Systems (Ph. 586-4258) which receive wastewater or storm run- offs from the proposed development need to address the requirements of Chapter 23, Hawaii State Department of Health Administrative Rules, Title 11, "Underground Injection Control." The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document on August 10, 2006. The CWB has reviewed the limited information contained in the subject document and offers the following comments: 1. The Army Corps of Engineers should be contacted at (808) 438-9258 for this project. Pursuant to Federal Water Pollution Control Act (commonly known as the "Clean Water Act" (CWA)), Paragraph 401(a)(1), a Section 401 Water Quality Certification (WQC) is required for "[a]ny applicant for Federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities, which may result in EXHIBIT ~ ®~ss®~ a Planning Director, County of Hawaii August 24, 2006 Page 2 any discharge into the navigable waters...". The term "discharge" is defined in CWA, Subsections 502(16), 502(12), and 502(6); Title 40, Code of Federal Regulations, Section 122.2, and Hawaii Administrative Rules (HAR), Chapter 11-54. 2. In accordance with HAR, Sections 11-55-04 and 11-55-34.05, the Director of Health may require the submittal of an individual permit application or a Notice of Intent (NOI) for general permit coverage authorized under the National Pollutant Discharge Elimination System (NPDES). a. An application for an NPDES individual permit is to be submitted at least 180 days before the commencement of the respective activities. The NPDES application forms may also be picked up at our office or downloaded from our website at: http://www.hawaii. gov/health/environmental/water/cleanwater/form s/i ndiv-index.htrnl. b. An NOI to be covered by an NPDES general permit is to be submitted at least 30 days before the commencement of the respective activity. A separate NOI is needed for coverage under each NPDES general permit. The NOI forms may be picked up at our office or downloaded from our website at: http://www.hawaii. gov/health/environmental/water/cleanwater/forms/g enl-index.html. i. Storm water associated with industrial activities, as defined in Title 40, Code of Federal Regulations, Sections 122.26(b)(14)(i) through 122.26(b)(14)(ix) and 122.26(b)(14)(xi). [HAR, Chapter 11-55, Appendix B] ii. Construction activities, including clearing, grading, and excavation, that result in the disturbance of equal to or greater than one (1) acre of total land area. The total land area includes a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under a larger common plan of development or sale. An NPDES permit is required before the commencement of the construction activities. [HAR, Chapter 11-55, Appendix C] t Planning Director, County of Hawaii August 24, 2006 Page 3 iii. Discharges of treated effluent from leaking underground storage tank remedial activities. [HAR, Chapter 11-55, Appendix D] iv. Discharges of once through cooling water less than one (1) million gallons per day. [HAR, Chapter 11-55, Appendix E] v. Discharges of hydrotesting water. [HAR, Chapter 11-55, Appendix F] vi. Discharges of construction dewatering effluent. [HAR, Chapter 11-55, Appendix G] vii. Discharges of treated effluent from petroleum bulk stations and terminals. [HAR, Chapter 11-55, Appendix H] viii. Discharges of treated effluent from well drilling activities. [HAR, Chapter 11-55, Appendix I] ix. Discharges of treated effluent from recycled water distribution systems. [HAR, Chapter 11-55, Appendix J] x. Discharges of storm water from a small municipal separate storm sewer system. [HAR, Chapter 11-55, Appendix K] xi. Discharges of circulation water from decorative ponds or tanks. -[HAR, Chapter 11-55, Appendix L] 3. In accordance with HAR, Section 11-55-38, the applicant for an NPDES permit is required to either submit a copy of the new NOI or NPDES permit application to the State Deparhnent of Land and Natural Resources, State Historic Preservation Division (SHPD), or demonstrate to the satisfaction of the DOH that the project, activity, or site covered by the NOI or application has been or is being reviewed by SHPD. If applicable, please submit a copy of the request for review by SHPD or SHPD's determination letter for the project. 4. Any discharges related to project construction or operation activities, with or without a Section 401 WQC or NPDES permit coverage, shall comply with the applicable State Water Quality Standards as specified in HAR, Chapter 11-54. ( . Planning Director, County of Hawaii August 24, 2006 Page 4 Hawaii Revised Statutes, Subsection 342D-50(a) requires that "[n]o person, including any public body, shall discharge any water pollutants into state waters, or cause or allow any water pollutant to enter state waters except in compliance with this chapter, rules adopted pursuant to this chapter, or a permit or variance issued by the director." If you have any questions, please contact Mr. Alec Wong, Supervisor of the Engineering Section, CWB, at (808) 586-4309. 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 aze expected to exceed the allowable levels of the rules. b. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. c. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Should there be any questions on this matter, please contact the Department of Health at 933-0917. WORD:REZ 06-000047.a[ I -p~M!Y~ `N' V ~ l l I 1 y. rU- LJ~, L~~ar~m1 ? p~ ~ r} Edwin S. Taira • Mayor ~ ~ r Housing Administrator E"L - "'r h Of"M~ 4=- ~i ~otuttp of ~atuaff OFFICE OF HOUSING AND ' COMMUNITY DEVELOPMENT 50 Wailuku lhive • Hilo, Hawaii 96720-2484 V({'T (808)961-8379 •FAX (608)9648685 September 11, 2006 MEMORANDUM TO: Christopher Yuen, Director Planning Department FROM: Edwin S. Taira Housing Administrator SUBJECT: Change of Zone Application (REZ 06-000047) Applicant: Malulani, Inc. Owner: Malulani, Inc. (David Basque, President) Tax Map Keys 2-3-037:015 Although the deadline has passed, the Office of Housing and Community Development affirms that affordable housing conditions, pursuant to Hawaii County Code, Chapter 11, Housing, are applicable to the request. Thank you for the opportunity to comment. EXHIBIT 1126pasr L~ EQUAL HOUSING OPPORTUNITY / "NAWAI'I COUNTY IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER" ' LINDA LINGLE ` PATRIpA HAMAMOTO GOVERNOR - - (jSIIPERINTENOENT SE, ^F'Ny9 ~L ^e f F{ ' /~f{~~$~~}@ ryryryry~~jfjj (/~(j~~ 4 N; ^v 1998 etiq~ Q'6' 6~~r"6 LUtI9 IIV~ l~U S_~ ~W l11 1r COUt~lTY Ur ~at~4~lF-ail STATE OF HAWAII DEPARTMENT OF EDUCATION P.O. BOX 2360 HONOLULU, HAWAI'196806 OFFICE OF THE SUPERINTENDENT August 25, 2006 Mr. Christopher J. Yuen Planning Director County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Yuen: Subject: Application for Change in Zoning for Hilo Condominium Project TMK: 2-3-37:15 (REZ 06-000047) The Department of Education has reviewed the application and has no comment. Should you have any questions, please call Heidi Meeker of the Facilities Dcvelopment Branch at (808) 733-4862. Very truly yours, Patricia Hamamoto Superintendent PH:jmb c: Randolph Moore, Acting Assistant Superintendent, OBS Duane Kashiwai, Public Works Manager, FDB EXHIBIT ®~.~~e~ ro AN AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY EMPLOYER <g. O A .Mq PETER T. YOUNG C144YWERSON LINDA UNCLE ~ AP r'~,959 q ROAIN OFLM`D M`O NATIMAL RESOURCES GOVERNOROF HAWAII COIA.:6610N CW WASERRFSOVRCE MANAGEM6M l i ROBEATK MAEUDA ofievn om6crGR-uNo o~~and and ryas ' r~ ~ + SEP 5 ~rti ~ ~ DEANNARANO C pCEP`GnCPV1V nRl6CIDR~WA'rER 9 . ~ : ~ j~\ I ~ t.~ ~~'.~a'pe~ ApGATICnFSOURCSs O ~ Pn Pte(",i'J I l L I ' BOATP`O PMIGCEM'RECREATICIJ _ RUREnUOFCUN"6YPNCES /J(`\~ {l"f\/ IJ /','yC.f~H COMA16510N ON WATER RE40VRCE MnNAGEMEM Y V V V I ~.J I JI V FI STATE OF HAWAII `°"~`""T~.`""°`°''6`""A"°R CONEER"ATION ANO RESOURCES ENFORCERR NNT ENGW}ERP10 s a~ DEPARTMENT OF LAND AND NATURAL RESOURCES Folwslxv ANO wnnLn+E +ate Gf HSN x~sroRlc PItFR6RVnTION STATE HISTORIC PRESERVATION DNISION RAxoouwESwm~ERVEmnDn6sRU+ 601 KAMOKILA BOULEVARD, ROOM 555 srAT6PAxRs KAPOLEI, HAWAII 96707 ij~~~ f August 17, 2006 f ~ Mr. Christopher J. Yuen, Director LOG NO: 2006.2752 Planning Department DOC NO: 0608JT59 County of Hawaii Archaeology 101 Pauahi Street, Suite 3 Hilo, HI 96720-8742 Dear Mr. Yuen: SUBJECT: Chapter 6E-8 Historic Preservation Review ors - Change of Zone Application (REZ 06-000047) ~ ~ T Q' c t Thank you for offering us the opportunity to comment on the above action. We have conducted a review of our records. We believe that no historic properties will be affected by this undertaking because: ? a) intensive cultivation has altered the land ® b) residential developmenUurbanizafion 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: This project is located in an established subdivision. )n 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) 327-3691. 0 Melanie Chinen, Administrator State Historic Preservation Division JT EXHfBiT ®sssss /l 8EP-10-2096 10:48 qM rWpNG 808 9F19276 P. 01 « ~ I -~.3 ?~D6 SPP ? ~ R~ ~ ~ 13 CC?U~'~~iY ` ~ ° ~ P,~ENT Or Re: REZ Ofr000047, written cl~n~t sought by Brian Nishimura Response from Desmond K W Wong, MD 670 Ponahawai St., Suit ]24 Hilo, Hi 96720 Sept 10'", 2006 Dear Sir, In your deliberation please take into account the impact on the traffic congestion during morning rush hours particularly during school days in all approaches between downtown and Komohana Street. The entrance to the medical complex for patients is located on Ponahawai St. Additional development like this one wil! have further impact on the traffic congestion and further inconvenience to the sick needing prompt medical/laboratory services. The increased number of vehicles of this proposed project will also impact the congestion in the opposite direction as well as the apartments are targeting young families or workers/college students sharing such apartment. Sincerely, esmond K W Wong, M~ ` EXHIBIT RMalulmiREZ2.doc - 6/26/07 COUNTY OF HAWAII PLANNING DEPARTMENT REVISED RECOMMENDATION MALULANI, INC. CHANGE OF ZONE APPLICATION (REZ 06-0000471 Upon cazeful review of the request, the Planning Director recommends that a favorable recommendation of the request for a Change of Zone 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: Change of zone from A-la to 1tM-1.5 to develop a 24-unit condominium project. Proposed are three, two-story buildings with four units on each floor. Each unit will be approximately 900 square feet and include two bedrooms, two baths, living room, dining room, kitchen and patio. There will be approximately 41 paved pazking stalls. The projected selling price of the units is less than $300,000 each. The project will be constructed incrementally with the first building consisting of eight units commencing construction in 2007. The remaining units are proposed to be completed within five yeazs thereafter. The cost of the development is approximately $3.5 million. In order to consider an area for any type of caning 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. The change of zone request from an A-la to a RM-1.5 zoned district conforms to applicable goals, policies and standards of Land Use (Commercial) and Economic Elements of the General Plan. 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 requested change of zone conforms to the LUPAG Map, which designates the property and its immediately surrounding azea as Medium Density Urban. Such designation may allow neighborhood commercial uses, including office and retail uses. The request would also complement a South Hilo course of action of the General Plan which states, "appropriately zoned lands shall be allocated as the need for multiple residential development increases....." The project site is located within close proximity to other commercial areas, employment centers and public safety services. The property is a vacant, rectangular parcel on the south side of Ponahawai Street, neaz the Komohana Street - Ponahawai Street intersection. The property was formerly planted in sugar cane but is presently overgrown with weeds and other introduced plant species. The parcel is encumbered with two drainage easements, one ("D-7") along the northeastern and the other ("D-6") along the southern portion of the property. The site plan submitted by the applicant shows a structure identified as "Phase III" located in a drainage easement. As no structures are allowed to be constructed in a drainage easement, or per proposed Condition D, within the flood zone, project plans will need to be revised. Neazby lands aze in a mix of commercial and agricultural uses. The adjacent property makai of the site has been graded. The adjacent mauka property is vacant. The Ka Waena Lapaau medical office complex at the northern comer of the Ponahawai Street - Komohana Street intersection is located in close proximity to the property. The Matsuno Enterprises property, which was rezoned from A-1 a to CN-20, is located east of the property. The Church of Jesus Christ of Latter Day Saints, allowed by Use Permit No. 199 in April, 2004, is located on the north side of Ponahawai Street. There is an orchid nursery in close proximity to the property. Homelani Cemetery is located along the north side of Ponahawai Street, makai of the project site. The project site has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. According to the FIRM map, the southern portion of the property is in Flood Zone "A", the Special Flood Hazard Area inundated by the 100-year flow where no base flood elevations are determined. This information is confirmed by the Department of Public Works. The -2- DPW states that construction within the designated FEMA flood zone shall comply with the requirements of Chapter 27, Flood Control, of the Hawaii County Code. The project site has been previously used for sugar cane and has been overgrown and vacant for years. The presence of any known rare, threatened, or endangered species or endangered floral and fauna species is remote. Likewise, the existence of archaeological sites within the property is unlikely. By letter dated June 26, 2006, the applicant requested a detemunation of "no effect." By letter dated August 17, 2006, the SHPD-HPD has responded that no historic properties will be affected by this undertaking because a) residential development/urbanization has altered the land; b) previous grobbing/grading ha altered the land; c) this project is located in an established subdivision. The applicant has stated that access will be from Ponahawai Street, a County roadway with aright-of--way width of 60 feet with a 24-foot wide pavement and 4-foot wide grassed shoulders. The Department of Public Works states that access to the subject parcel is limited through the Road and Utility Easement ("RU-3") and shall conform to Chapter 22, County Streets, of the Hawaii County Code." The applicant shall also be required to 1) allow unrestricted access through the 15-foot wide road and utility easement ("RU-3") within the property to the owner of TMK 2-3-37: 16; and 2) allow unrestricted access through the 25-foot wide road and utility easement ("RU-7") within its other property identified as TMK 2-3-37: 10 to the owners of TMK: 2-3-37: 8 and 9, as well as any other property that is supposed to have any easement over any of the applicant's properties within lots created by and required by Subdivision No. 7389. The Department of Public Works (DPW) recommends that the applicant provide full improvements to the project's frontage along Ponahawai Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation meeting with the approval of the DPW. All essential infrastructure to support the proposed development is or can be made available to the site. Electrical and telephone services are available to the property. Police and fire services are located less than one mile from the site. County water is available from an existing 6-inch or 8-inch waterline fronting the property along -3- Ponahawai Street. The property is not serviced by the County sewer system. Wastewater will be disposed in a septic system, meeting the requirements of the Department of Health. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is not proximate to the shoreline and will not be impacted by coastal hazazd and beach erosion. There is no record of a designated public access that traverses the property. According to the applicant, no valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the azea. 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 azea, historical survey of documentary records, or botanical study was included in the application. By letter dated August 17, 2006, the DLNR-HPD has stated that "no historic properties will be affecting by this undertaking." • The valued cultural historical and natural resources found in the rezoning area: According to the applicant, there aze no valued cultural, historical and natural resources found in the rezoning area. The property was previously used for sugar cane. The DLNR-HPD has stated that "no historic properties will be affected by this undertaking." • Possible adverse effect or impairment of valued resources: Given the scope of work previously conducted and the property's urban setting, no known raze, threatened, or endangered species aze known to inhabit the pazcel or are expected to be discovered on the site. -4- • Feasible actions to protect native Hawaiian rights: According to the applicant, no gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights aze exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. Based on the above findings, the request to reclassify the property from Agricultural 1-acre (A-la) to Multiple-Family Residential 1,500 squaze feet (RM-1.5) would result in an appropriate land use pattern and further benefit the general public. The accompanying draft bill to amend 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. -5- CMalulaniREZ2.doF6/18/07 MALULANI, INC. CHANGE OF ZONE APPLICATION (REZ 06-000047) CONDTI'IONS OF APPROVAL A. The applicant(s), 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 180 days from the effective date of this ordinance. C. Construction of the proposed improvements shall be completed within five (5) years from the effective date of this ordinance. This time period shall include securing Final Plan Approval from the Planning Director in accordance with the Zoning Code. Plans shall identify proposed structure(s), fire protection measures, access roadway, driveway and parking stalls. Plans shall also identify the drainage easements ("D-6" and "D-7"), as well as the portion of the property designated Flood Zone "A" by the Flood Insurance Rate Map (0880C September 16, 1988). Landscaping shall be indicated on the plans for the purpose of mitigating any potential adverse noise or visual impacts to adjoining pazcels. Landscaping shall be provided in accordance with the requirements of Planning Depaztment's Rule No. 17 (Landscaping Requirements). D. No structural improvements shall be allowed within the designated drainage easements ("D-6" and "D-7") and areas designated Flood Zone "A" on the Flood Insurance Rate (FIRM) map. E. The applicant shall provide full improvements to the project's frontage along Ponahawai Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting with the approval of the Department of Public Works, prior to receipt of a Certificate of Occupancy. F. Access to the subject parcel shall be limited through the Road and Utility Easement ("RU- 3") and shalt conform to Chapter 22, County Streets, of the Hawaii County Code. G. Install street lights and traffic control devices as required by the Traffic Division, Department of Public Works. H. The applicant shall install a septic system meeting with the requirements of the Department of Health, prior to receipt of a Certificate of Occupancy. I. The applicant shall allow unrestricted access through the 15-foot wide road and utility easement ("RU-3") within the property to the owner of TMK 2-3-37: 16. The applicant shall also allow unrestricted access through the 25-foot wide road and utility easement ("RU-7") within its other property identified as TMK 2-3-37: 10 to the owners of TMK: 2-3-37: 8 and 9, as well as any other property that is supposed to have any easement over any of the applicant's properties within lots created by and required by Subdivision No. 7389. J. All development-generated runoff shall be disposed of on-site and shall not be directed towazd any adjacent properties, A drainage study shall be prepazed and the recommended drainage system shall be constructed, meeting the approval of the Department of Public Works, prior to receipt of a Certificate of Occupancy. K. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy. L. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. M. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources -State Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological cleazance from the DLNR-HPD when it finds that sufficient mitigation measures have been taken. N. To ensure that the Goals and Policies of the Housing Element of the General Plan aze 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 Community Development -2- prior to Final Plan Approval for any new residential structures, or before issuance of building permits for any single-family residential stutctures. O. 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 of cash, land, facilities or any combination thereof shall be detemvned by the County Council. The fair share contribution maybe adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of $6,653.40 per multiple family residential unit ($10,368.57 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. The fair share contribution per multiple family residential unit (single family residential units) shall be allocated as follows: 1. $3,281.93 per multiple family residential unit ($4,999.91 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. S103.73 per multiple family residential unit ($241.20 per single family residential unit) to the County to support police facilities; 3. $319.07 per multiple family residential unit ($476.39 per single family residential unit) to the County to support fire facilities; 4. $142.21 per multiple family residential unit ($208.57 per single family residential unit) to the County to support solid waste facilities; and 5. $2,806.46 per multiple family residential unit ($4,442.50 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, -3- subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. P. Should the Council adopt an 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. Q. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. R. An initial extension of time for the performance of conditions within the ordinance maybe granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or aze beyond the control of the applicant, successors or assigns, and that aze not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrazy to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one yeaz maybe extended for up to one additional yeaz). 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. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the subject area to its original or more appropriate designation. -a- +tv os q~ tP~;~,: 4€. COUNTY OF HAWAII STATE OF HAWAII rZ•o~•w~,~? BILL NO. ORDINANCE NO. (PEA%~ h,,~) 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 AGRICULTURAL-1 ACRE (A-la) TO MULTIPLE FAMILY RESIDENTIAL- 1,500 SQUARE FEET (RM-1.5) AT WAIAKEA, SOUTH HILQ HAWAII, COVERED BY TAX MAP KEY 2-3-37:15. 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 Multiple Family Residential - 1,500 square feet (RM-1.5): Beginning at a point at the north corner of this parcel of land being also the northwest corner of Lot 7 and on the southeasterly side of Ponahawai Street the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI"being 921.09 feet south and 529.69 feet east and running by azimuths measured clockwise from true South: Thence along Lot 7, along a curve to the right having a radius of 20.00 feet, the chord azimuth and distance being: 1. 277° 30' 28.28 feet; 2. 322° 30' 425.00 feet along Lot 7; 3. 54° 34' S5" 144.38 feet along Lot 7; -1- 1 4. 147° 20' 445.00 feet along Lot 9 to a point at the southeasterly side of Ponahawai Street; Thence along the southeasterly side of Ponahawai Street, along a curve to the left having a radius of 1,030.00 feet, the chord azimuth and distance being: 5. 234° 55' 86.86 feet to the point of beginning and containing an area of 1.278 acres, 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 maybe adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declazed invalid, such invalidity shall not affect the other parts of this ordinance. -2- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3- I R R T RSTS ~ RST. T. 9 OPEN RST.S 9 RSTS PROJECT R 7. '-a" .5 DASIRICT N-f0 OPEN N t0 RS 5 R' A-1a E 921.09 S CN-20 525.69 E s 'HALAI'~ CN-20 A-fa A-ta GRI ULTURAL-1 ACRE (A- I MULTIPLE-FAMILY PRaECr E TIAL-7,50D SQ. FT. (RM-1.5) ,eta D~iRICT 8 ACR R a R .5 4 A-ta .3 RS75 z PROJECT a DISTRICT ~ ~ ~ RM-4 a R11~4 S S 5 500 250 0 500 1.OOD 1.500 2.000 2500~t 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 AGRICULTURAL-1 ACRE (A-1 a) TO MULTIPLE-FAMILY RESIDENTIAL-1,500 SQ. FT. (RM-1.5) AT WAIAKEA, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII K 2-3O3T:015 Data: August 7, 2006 EXHIBIT "A" (Malulani, inc.:1209)