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HomeMy WebLinkAboutCOM 0813.000 2006-2008 ft~ Harr Kim ' Dixie Kaetsu Managing Director Mayor Barbara Kossow ,i•+•oi•4 Deputy Managing Director County of Hawaii 25 Aupuni Street, Room 215 • Hilo, Hawai'i 96720-4252 • (808) 9615211 • Fax (808) 961-6553 KONA: 75-5706 Kualoni Highway, Suite 103 • Kailua-Kona, Hawai'i 96740 (808) 329-5226 Fax (808) 326-5663 November 13, 2007 z rr T(f s r Honorable Pete Hoffmann, Chairman t`• and Members of the County CouncilI c~ 3 County of Hawai'i 2 n ;,1 d 333 Kilauea Avenue }7 N G' Hilo, HI 96720 r U1 Dear Chairman Hoffmann and Members: Change of Zone Application (REZ 07-000072) Applicant: GHC Investments, LLP (fka DMS Investments) Request: RS-10 to CN-20 Tax Map Key: 2-2-34.84 As required by Chapter 4, Sec. 6-4.3(C), Hawai'i County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letter and enclosures regarding the above-referenced request. incerely, Harry Kim ~-c Mayor Enclosures cc: Planning Department <B U a03~ g Comm. No. Ref, To. C. Ref. Dote NOV 19 2007 County of Hawaii PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax (808) 961-8742 November 13, 2007 Pete Hoffmann, Chairman and Members of the County Council County of Hawaii 333 Kilauea Avenue, 2"a Floor Hilo, HI 96720 Dear Chairman Hoffmann and Council Members: Change of Zone Application (REZ 07-000072) Applicant: GHC Investments, LLP (fka DMS Investments) Request: RS-10 to CN-20 Tax Map Key: 2-2-34:84 The Planning Commission, after a duly held public hearing on November 2, 2007, voted to recommend for your approval the proposed legislative bill for a Change of Zone from the Single Family Residential 10,000 square feet (RS-10) to Neighborhood Commercial - 20,000 square feet (CN-20) district for 22,500 square feet of land. The property is located along the east side of Manono Street, approximately 290 feet north of the Manono Street-Kekuanaoa Street intersection, Waiakea House Lots, Waiakea, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicant is requesting the change of zone for 22,500 square feet of land from a Single Family Residential - 10,000 square feet (RS-10) to a Neighborhood Commercial - 20,000 square feet (CN-20) district. The applicant is proposing to consolidate three parcels owned by the applicant (TMK: 2-2-34: 84, 85 & 93) into one parcel and develop a 2-phase project, which will include 2 two-story commercial buildings for small-scale retail uses and office space. There will be on-site parking provided and access is proposed from both Mariano Street and Hinano Street. Hawaii County is an Equal Opportunity Provider and Employer Pete Hoffmann, Chairman and Members of the County Council Page 2 hi order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County, but ultimately, on the future development of the whole island. The proposed change of zone request from RS-10 to CN-20 would further the County's goals of providing an economic environment which allows new or existing businesses to expand and diversify the County's economic base, and also increase choice of occupations. The proposed use would be consistent with the following goals, policies and standards of the Economic, Land Use and Commercial Elements of the General Plan. Economic Element: • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. • Economic development and improvement shall be in balance with the physical, social and cultural environments of the island of Hawaii. • Strive for diversity and stability in its economic system. Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. • Strive for an economic climate that provides its residents an opportunity for choice of occupation. • Strive for diversification of the economy by strengthening existing industries and attracting new endeavors. The applicant will be providing residents who live in this area of South Hilo with more opportunities for commercial services and employment. Pete Hoffinann, Chairman and Members of the County Council Page 3 Land Use Element: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Zone urban- and rural-types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access and public need. Commercial Element: • Provide for commercial developments that maximize convenience to users. • Distribution of commercial areas shall meet the demands of neighborhood, community and regional needs. The development of commercial facilities should be designed to fit into the locale with minimal intrusion while providing the desired services. Appropriate infrastructure and design concerns shall be incorporated into the review of such developments. The proposed change of zone is located in an area designated in the General Plan to allow neighborhood commercial zoning and village commercial uses. The proposed change of zone compliments the projected commercial needs of residents within this vicinity of South Hilo. Additionally, within the General Plan a Course of Action for commercial development within the South Hilo District recommends that "Within the Waiakea Houselots "medium density" area, commercial development shall be focused on the major streets ---Kekuanaoa, Piilani, Manono, and Lanikaula, while the interior blocks .0 . No Pete Hoffmann, Chairman and Members of the County Council Page 4 should be zoned primarily for single- and multifamily residential use." This request is consistent with this course of action as the proposed change of zone to commercial is located on Manono Street within the Waiakea Houselots "medium density" area. This area of the Waiakea Houselots is in transition from residential to commercial uses. The proposed rezoning action conforms to the LUPAG Map which designates the area for Medium Density Urban Development. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan represents the document's goals, policies, standards and courses of action to guide the coordinated growth and development of the County. It reflects a graphic depiction of the spatial relationships among various land uses and the expressed policy statements of the document itself. The LUPAG Map, in essence, establishes the basic land use pattern for areas within the County. This area is designated as Medium Density Urban, which may allow village and neighborhood commercial and single family and multiple family residential and related functions (multiply family residential - up to 35 units per acre). The proposed site would be suitable and allow for Neighborhood Commercial uses. The applicant is requesting the change of zone to allow commercial uses on the property. The rezoning reclassification would be a reasonable expansion of commercial activities associated with this designation and the existing commercial uses in the area. The property is situated within close proximity to commercial areas, employment centers and public safety services. There are several commercial and employment centers located within one or two miles from the subject property. These include the Waiakea Center, the Prince Kuhio Mall, Hilo Shopping Center and businesses along E. Lanikaula Street, Kawili Street, Makaala Street, Holomua Street, Wiwoole Street, Manono Street and Piilani Street. Public safety services within the area include the Hilo Central Fire Station located on Kinoole Street, the Police Headquarters located on Kapiolani Street, and the Hilo Medical Center located approximately 3 miles from the property. Surrounding properties are zoned RS-10 and CN-20. Uses consist of vacant lots, existing single family dwellings and several businesses. The nearest dwelling is on the adjacent property to the south, which is also the location of the Atebara Potato Chip Factory. On the adjacent property to the north and east are two properties zoned CN-20, which are owned by the applicant. Further north are single-family dwellings and the commercial area on the corner of Manono Street and Piilani Street, which includes Manono Mini Mart and Freddy's Restaurant. Further east across Hinano Street is Big Island Candies on property zoned CG-20. To the west across Manano Street are two Pete Hoffmann, Chairman and Members of the County Council Page 5 properties that were recently rezoned to CN-20. The applicants were Kathy Tripp and the Hirayama Brothers. The proposed change of zone would, therefore, complement the existing commercial land uses, be consistent with the transition from residential to commercial occurring in the immediate vicinity and provide for an orderly commercial development of the area. The property is located within an area adequately served with essential services and facilities such as water, sewer, transportation systems and other utilities. County water and the County's sewer system is available to the property. The applicant will be required to prepare a Solid Waste Management Plan and submit it to the Department of Environmental Management for its review and approval. All other essential utilities and services are available to the property. As the request is a change from a Residential (RS-10) zoned district to a Commercial (CN-20) zoned district, various requirements are being imposed in order to bring the existing infrastructure up to commercial standards. A paved driveway and parking area shall be installed for the commercial uses. Further, to mitigate any potential noise and visual impacts to adjacent neighbors, a landscaping buffer shall be provided in accordance with the Planning Department's Rule 17 and Plan Approval requirements. This mitigation measure will ensure that any proposed commercial uses fit into the locale with minimal intrusion while providing the desired services. Existing access to the property is from Marino Street, which has a 50-foot wide right-of-way with 20 to 22-foot wide pavement and paved shoulders. According to the City of Hilo Zone Map, Manono Street is proposed to be increased to a 60-foot wide right-of-way and, therefore, the applicant will be required to provide a 5-foot wide future road-widening strip along the Manono Street frontage of the property. The applicant will be required to provide full improvements to the entire frontage along Manono Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation. Additionally, the applicant will be limited to access Manono Street from a single location. As a result of the proposed new roadway improvements, any increase in traffic at the site generated by commercial uses can be accommodated. Pete Hoffinann, Chairman and Members of the County Council Page 6 The property has no severe topographic or geologic problems which cannot be properly rectified or which would render the land unusable for the proposed use. The property is classified as Zone X, areas determined to be outside the 500-year flood plain. The property is also located outside of the tsunami inundation area. The Waiakea Houselots has been in urban development since the 1960's. The subject development is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coast Zone Management Area. The property is located more than one-half mile from the nearest coastline. The proposed development will not adversely impact recreational resources, including access to and along the shoreline or to mountain areas, scenic and open space vistas, visual resources to the shoreline, coastal ecosystems and marine ecosystems. Finally, because the property and surrounding areas have been extensively altered by urban development, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the property, nor has the property been identified as a significant botanical or biological habitat. In addition, it is also not anticipated that the proposed development will have any adverse impact on archaeological, cultural or historical resources. Thus, it is also not anticipated that the proposed request will have any adverse impact on archaeological, cultural or historical resources in the area. Based on the above findings, approval of this change of zone request from Single Family Residential (RS-10) to Neighborhood Commercial (CN-20) zoned district would result in an appropriate land use pattern that will further the necessity, convenience and welfare of the general public. For your favorable consideration, an amendment to Section 25-8-33 (City of Hilo Zone Map), of the County Zoning Code is transmitted. Pete Hoffmann, Chairman and Members of the County Council Page 7 We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, n IJ William hairman Planning Commission Lghaflvesnments02PC Enclosures cc: Ms. Gina Hara Chun Department of Public Works Department of Water Supply DOT-Highways, Honolulu Lincoln Ashida, Esq., Corporation Counsel BDMSInvest-REZ07-072-jwd 10-08-07 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT DMS INVESTMENTS, LLLP CHANGE OF ZONE APPLICATION (REZ 07-000072) DMS INVESTMENTS, LLLP has submitted an application for a Change of Zone for 22,500 square feet of land from a Single Family Residential - 10,000 square feet (RS-10) to a Neighborhood Commercial - 20,000 square feet (CN-20) district. The property is located along the east side of Manono Street, approximately 290 feet north of the Manono Street- Kekuanaoa Street intersection, Waiakea House Lots, Waiakea, South Hilo, Hawaii, Tax Map Key: 2-2-34:84. PROPOSED DEVELOPMENT 1. Request: The applicant is requesting a change of zone for 22,500 square feet of land from a Single Family Residential - 10,000 square feet (RS-10) to a Neighborhood Commercial - 20,000 square feet (CN-20). 2. Proposed Development: Plans for the proposed development include the following: • Consolidation of three parcels owned by the applicant (TMK: 2-2-34: 84, 85 & 93) into one parcel to better utilize the property. The other two parcels (85 & 93) were rezoned from RS-10 to CN-20 by Ordinance No. 00 31 to allow the construction of an office building to relocate the accounting and clerical staff for their wholesale grocery business located on Makaala Street in Hilo. The applicant is unsure at this time if they are going to continue with plans to relocate their accounting and clerical staff to the new facility. • 2-Phase Development- Phase 1 will consist of a two-story commercial building with approximately 20,000 square feet of available lease area. It will include small-scale retail uses on the lower level and office space on the upper level. Phase 2 will consist of a similar commercial building with similar uses but the size and scale of the second building will be dependent on overall demand at the time of construction. • On-site parking. Driveway accesses from Manono Street and Hinano Street. ATTACH: Comm. 813 Bill 203 3. Project Timetable and Cost: Phase 1 is proposed to be completed by December 2008 and will cost approximately 2 million dollars. Phase 2 is proposed to be completed by April of 2012. It is unknown at this time the estimated cost of Phase 2. 4. Landowner: The landowner of the property is DMS Investments, LLLP, with the principal owners being George Kazuo & Adela Hara and Georgina A.H. Chun. 5. Supportive Information: The applicant, who is the landowner, has submitted a Change of Zone Application in support of the request. (Planning Department Exhibit 1 - Change of Zone Application) GENERAL INFORMATION 6. Waiakea Houselots: The property is a portion of the Waiakea Houselots, which was created by the Territory of Hawaii in the early 1900's, with lot sizes ranging from 10,000+ to 20,000+ square feet. The Waiakea Houselots area includes the lands bounded by Piilani Street, Kanoelehua Avenue, Kawili Street and Mililani Street. This area encompasses approximately 200 acres of land. STATE AND COUNTY PLANS 7. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: The General Plan land use designation is Medium Density Urban, which may allow village and neighborhood commercial and single family and multiple family residential and related functions (multiply family residential - up to 35 units per acre). 8. State Land Use District: Urban. 9. County Zoning: Single Family Residential-10,000 square feet (RS-10). 10. Hilo Community Development Plan (CDP): The Hilo CDP was adopted by the Planning Commission, Resolution No. 1, on May 21, 1975. The Plan reflects the Waiakea Houselots area for residential uses (RM-4). 11. Chapter 205A, CZM Program: The subject development is not contrary to Chapter 205A, Hawaii Revised States, relating to Coast Zone Management Area. The proposed development will not adversely impact recreational resources, including access to and along the shoreline or to mountain areas, scenic and open space vistas, visual resources to the shoreline, coastal ecosystems and marine ecosystems. 12. Special Management Area (SMA): The property is not within the SMA boundary. It is -2- located more than one-half mile from the nearest coastline. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 13. Subject Property: The property is located at 697 Manono Street. The property is a rectangular-shaped lot consisting of 22,500 square feet with a 100-foot frontage along Manono Street. The property is vacant of uses and structures. 14. Surrounding Land Uses/Zoning: Surrounding properties are zoned RS-10 and CN-20. Uses consist of vacant lots, existing single family dwellings and several businesses. The nearest dwelling is on the adjacent property to the south, which is also the location of the Atebara Potato Chip Factory. On the adjacent property to the north and east are two properties zoned CN-20, which are owned by the applicant. Further north are single- family dwellings and the commercial area on the corner of Manono Street and Piilani Street, which includes Manono Mini Mart and Freddy's Restaurant. Further east across Hinano Street is Big Island Candies on property zoned CG-20. To the west across Manano Street are two properties that were recently rezoned to CN-20. The applicants were Kathy Tripp and the Hirayama Brothers. 15. USDA Soil Survey Report: Keaukaha Series (rKFD) extremely rocky muck, 6 to 20 percent slopes. 16. Land Study Bureau's Detailed Land Classification System: Existing urban development. 17. Agricultural Lands of Importance to the State of Hawaii (ALISH) Map: Existing urban development. 18. Flood Insurance Rate Map (FIRM): The property is classified as Zone X, areas determined to be outside the 500-year flood plain. The property is also located outside of the tsunami inundation area. 19. Flora/Fauna Resources: No flora or fauna study was submitted with the application. The property has been recently graded. According to the applicant, the site was used for residential purposes in the past. 20. Archaeological/Historical/Cultural Resources: No archaeological survey was submitted with the application. There are no known historic sites on the property as listed on the State or National Register of Historic Places. The applicant has submitted a -3- request for a "no-effect" letter from the Department of Land and Natural Resources-State Historic Preservation Division issued dated June 18, 2007. There has been no response as of the date of this writing. 21. Existing General Commercial (CG) Areas: At the northern end of the Waiakea Houselots in the vicinity of the Hoolulu Park Complex, one half of the block area bounded by Mililani-Piilani-Kalanikoa-Hualani Streets has been zoned General Commercial (CG-7.5) since the adoption of the City of Hilo Zone Map in 1968. Since 1981, commercial activities have been developing from Piilani Street and moving southerly. The commercial establishments include Itsu's Fishing Supplies, Don's Grill, Credit Union of Hawaii, Manono Mini Mart and other retail stores, and offices. 22. Existing Neighborhood Commercial (CN) Areas: In December 1986, the County Council approved a change of zone request from RS-10 to CN-7.5 for a parcel located at the northeast corner of Kekuanaoa Street and Mililani Street. The Labor's International Union Office is presently established on the property. There are Neighborhood Commercial (CN-10) zoned areas located along Kanoelehua Avenue, between Lanikaula Street and Kawili Street, and along Kawili Street, between Kanoelehua Avenue and Kalanikoa Street, and along Manono Street within the Waiakea Houselots area. 23. Neighborhood Commercial Rezonings in the Vicinity: a. TMK: 2-2-34:13 (20,000 square feet) ---REZ 06-000034 Applicant: Hirayama Brothers Electric, Inc. Request: Change of zone from RS-10 to CN-20 by Ordinance No. 06-124 effective September 19, 2006 to develop an approximately 7,200-square foot, single-story structure to be divided into several bays. The bays would average 900 square feet and would be rented for office or retail use. b. TMK: 2-2-34:12 (20,000 square feet) ---REZ 06-000032 Applicant: Kathy Tripp Request: Change of zone from RS-10 to CN-20 by Ordinance No. 06-107 effective July 17, 2006 to renovate the interior of the existing building for retail use for Kilauea Kreations, which is a Hawaiian quilt and gift shop. C. TMK: 2-2-27:42 (19,500 square feet) ---REZ 05-005 -4- Applicant: Timothy DeLozier Request: Change of Zone from RS-10 to CNI0 by Ordinance 05-140 effective 10-11-05 to convert the existing residence into an office building to house a mortgage company and another small business. d. TMK: 2-2-36:123 (16,000 square feet) ---REZ 977 Applicants: Stanley and Brenda Maeda Request: Change of Zone from RS-10 to CN-10 by Ordinance 02-11 effective 01-17-02 to construct a two-story seafood retail outlet. e. TMK: 2-2-34:95 (12, 473 square feet) ---REZ 961 Applicants: Bernard and Rita Scares Request: Change of Zone from RS-10 to CN-10 by Ordinance No. 01 31 effective March 21, 2001 to utilize the existing two-story dwelling as a boarding facility and possibly in the future for office rentals. f. TMK: 2-2-34:85 & 93 (67,500 square feet) ---REZ 942 Applicants: George and Adele Hara Request: Change of Zone from RS-10 to CN-20 by Ordinance No. 00 31 effective April 13, 2000 to construct an office building to relocate the accounting and clerical staff for their wholesale grocery business. g. TMK: 2-2-34:35 (22,500 square feet) ---REZ 877 Applicant: Oda-McCarty Architects Request: Change of zone from RS-10 to CN-7.5 by Ordinance No. 98 15 effective February 24, 1998 to convert the existing dwelling into an office building. h. TMK: 2-2-37:16 (12,900 square feet) ---REZ 871 Applicants: Wayne and Barbara Yamanaka Request: Change of zone from RS-10 to CN-10 by Ordinance No. 97 12 effective September 12, 1997 to improve the existing dwelling and buildings and to convert and develop a general store and coffee/deli shop operations. i. TMK: 2-2-34:67 (3.34 acres) ---REZ 861 Applicant: Big Island Candies, hie. Request: Change of zone from RS-10 to CG-20 by Ordinance No. 97 92 effective -5- July 3, 1997 to construct retail and production facilities. This property was also the subject of a Planning Director initiated General Plan Amendment (GPA 20) from Low Density Urban to High Density Urban by Ordinance No. 97 64 effective May 14, 1997. PUBLIC FACILITIES AND SERVICES 24. Access: Existing access to the property is from Manono Street, which has 20 to 22-foot wide pavement within a 50-foot wide right-of-way. According to the City of Hilo Zone Map, Manono Street is proposed to be increased to a 60-foot wide right-of-way. 25. Water System: County water is available to the property. 26. Wastewater System: The property is connected to the County's sewer system. 27. Solid Waste: Solid waste will be handled by commercial haulers. 28. Police, Fire and Emergency Services: The property will be served by the Hilo Central Fire Station located on Kinoole Street or the 24-hour substation at Waiakea and supported by the additional substation at Kawailani. The Police Headquarters is located on Kapolani Street, approximately two miles from the property. The Hilo Medical Center is located approximately 3 miles from the property. 29. Other Essential Utilities: Telephone, electrical and cable services are available to the subject property. AGENCIES' COMMENTS 30. Department of Environmental Management: (Planning Department Exhibit 2 - September 17, 2007 Memo) 31. Police Department: (Planning Department Exhibit 3 - September 24, 2007 Memo) 32. Fire Department: (Planning Department Exhibit 4 - September 18, 2007 Memo) 33. Department of Land and Natural Resources-Land Division: (Planning Department Exhibit 5 - September 18, 2007 Memo) 34. Department of Health: (Planning Department Exhibit 6 - September 17, 2007 Memo). AGENCIES - NO RESPONSE 35. Department of Public Works, Department of Water Supply, Civil Defense Agency, Department of Land and Natural Resources - Historic Preservation Division and Department of Transportation. -6- PUBLIC COMMENTS 36. As of this writing, the Planning Department has not received any written comments or objections from the general public or adjacent landowners on the subject application. -7- CHANGE OF ZONE APPLICATION _ COUNTY OF HAWAIIf PLANNING DEPARTMENT (Typo or tegibly print the requested information) A.PPUCANT: , DMS veStmeatS. LLLP APPLICANT'S SIGNATURE: DATE: June I, 2007 ADDRESS, 57A HO& A Road Hilo Haw ii 96720 I LIST APPLICANT'S INTEREST IF NOT OWNER, 1 LIST PRINCIPALS) INCLUDING NAMES OF MAIN OFFICERS: Gwrsina and Andrew Chun PI4ONE:(Bus.) ez g7 (Rat ' M-4031 (Fax959-5031 LANDOWNER(S): DMS Invesmaq! LLLP LANDOWNER SIGNATURE(SDATE: LANDOWNER(S) ADDRESS: Some applicant by REQUEST- 1t&-10 m® CN-20 TAX MAP KEY: (&xwft zaaias) Z-UH 0SA.0000 °Q ~ontn~ STREET ADDRESS OF PROPERTY- 697 M&nnno Street l SIZE OF PROPERTY.OR AFFRCM ARIA(S) TO BE REZONED: 22,500 square feet r j Georgina Hans Chun AKA oina Hare Clem RA Chris Bnflmte LLC AGENT:_ ADDRESS, 57AHOAKAROAD Hilo. Hawaii 2-6729 r TILBPHONF.(Bus) 935^1047--- ( ) 959-5031 (pax) 935-1313 Please Indicate to whom origins! cwrcgxmdence and copies should be sent. OR TGINAL: Georaina A. H. Chun COPIES: DMS InVeshnentS. LLLP AKA Gina Hara Chun RA Chris Briihante LLC DNIS Investment Representative Planning Dept. ExhibitL.-..-.. p.. i J ATTACHMENT Commercial, RM, Resort, 4 Industrial ~ PLANNING DEPARTbENT COUNTY OF HAWAII APPLICATION FOR CHAS OF ZONE 1. If your request is approved, do you intend to subdivide j o fz~?ect land in accordance with the approved Change u~ If yes, please answer the rest of question 1 and then to quedzion 3. a. How ma yacres of the requested area do you intend to subdiv 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 subdivids, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you hove no firm plans of subdividing the subject area, do you intend tot a. Sell or lease the land to someone who has firm plans? No b. peer lease the land to someone who has tentative No c. Sell or lease the land to someone who has no plans? _X(^ d. Keep it? Yes e. Other (please state) f. If you intend to oo either'a; b, or c; please 'elaborate on;thp kind of plans tho other include irr party teas., Pleases alsp, J your ans~rei sporo"ximately,:how soon after,'. apprv'vaI bf your 1,ezarkin9 do you expect to traisfer,the subject land to another party; i 1ulA 'ec ' 3dyf saver tt'5~ Yciti have fob tfle sub sect sand?t 3x type of build y. 1111- ' rth~en ~ ( a- -if p e,` 5 5 Cimekpls Poz `CariStrup$~elttai ntbK 7gt tine atrar>gement r ps y~ r Y other inarBt Pt~ atiort which yyd x b ~WxF" tip inr tl~}N~S~I' -TeQ~Je't w " l «x r' x r r t 3 i h 8 5+wa ~•t ~~i ~ y ~5•;f"rs^~,~;.. ~ty~", t'~,n` r a~ e ~ z 5' r ~ ~ a ~P~,~~:.,,4" ~~..~~2'' ~$~y re~_•.'.'JS` ~ z This rv ~i Y, ~c}~s o l h be rle aro]lccnso1#dace neigb3ex T 204hn'ed perties ~mdef ale y nlmatmg separate setbB, Pruyjde for Bmpleratlaag aad xunPrav~pgressetrde~liictr#ioon~th p>aftb ~ e 7 i s re pun. 'min atv~pstor~ ~~m iul trsfi~taBb~g Smelt s fs ft~A e?e 9 bang pranned Y rtLis builettng along v retai agd df e p h saeap r >itutFiap ofaept ~$p§ reqWr¢ se etbacks, ian~ul4ug, g' ;b i: ~ ~Y40 bi*li'cn .,4 tA. i e51 15 and bal,~f~,Oa ^'rwe f'~ e°`r 4 uxYi ~i kphaseafiheproj ul~,pas~,ly Vestructure~ a ~ mix.. Haw~ver, We s~e attdsC ~ erysarular to the ~e m ptexaap'~t ~ Uhhl dtea open sPacg fo ba ut n ~g deEeadent oh agetaltdePlan d at the turd( j pamPieurnrofzae t3tst~p su~~ort fast iaw7diagt rao rs pn, ectga J qy~~~ y Pbas(e~~dyPp$t~q }btlljp y yp li WOMi oA~44~{4WWlLL4t ~ ~Tt IQ~$~}.. ~t1aCe"N`.'~{a1 JfNQjR'-'! M1~44i~Yh j~yy Ma~r•~$ peniesi , rnaacurg 3 pxpgaked, f l_ _x. ~ dry Iawavaa Ba tO uc pin dp` xad CO h4n,o adtomuXg ,_g*.~@ ~Q•T A~ASt#isterey , ~qa SC ~ .E ~a PF- a,.LEi .1~:~-y to K+~.~y ~ "-n z[.ra ~i ~ F } 1 haalgprYW..y~ anyky'at~,,ygdm.Gtln4i'~z-FLL 11r} h C5, P~ ds~ ckT. c~ '°Sa*4`f, t,~+ M =k. aa,G r•tl Y'" +Fx 4`R!inw~i+i : d'E'Y R X'^. k 5 s t ! E„k; ¢ fr .fin ; y`"J Yr ~ ~ k `h i - u 5., .5.. ~ p. kR ,4 5 t ay t;Y a 5" rr~,~B x1 rj"k~{^R 7 Lam` "f '4A'rt' R"p~.~rx r,~...~d,~ c2 c $ 7 s r 5 a^~ 3 5 5t } >P 3 da 7 i hich ~enHave vironmental impae syyourdrequuest discusses the on the surrounding area and/or the County? Yes If so, please elaborate on your findings in the space _ provided below. Please refer to accompanying Manning and environmental report. a ' 6. Are there any buildings on the subject area? No If so, what kind? what do You intend to do with those buildings if your request is approved? l 1 7. Is the subJect land currently being used for any agricultural activitity? No If so, please list the kinds of products grown and on how many square feet or sores of land per product. J 1 i s, 9. To your knowledge, has there been any flooding end/or !i I drainage problem on the subject area? No if so, please describe the problem. 9. Do you think that the roads leading to the subject area needs improvement? j if so, what kind? is the or load? ad adequate for the proposed traffic volume yes 10. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when 3 developed? Yes NO a. Schools x l b. Roads x c. sewer x x I d. Drainage e. Police Protection x f. Fire Protection g. Recreational Facilities x h. Public Utilities I. other i i -4- i For those checked eyes," please elaborate what type or kinds of improvements and/or assistance are needed. 3 i 11, have you performed any historic sites study end/or survey of the subject area? if so, what were the results? Pleabe, also, submit a copy of the study together with this change of zone supplement. 2 i No, inasmuch as the site has been cleared in the past. Signatures Address: 57 A Hoaka Road Telephone. 959-5031 j = Date: *7,47/01' 1 1 i Abe 633bA/30A 11 R S/P/r APPLICATION FOR COUNTY REZONING (RS-10 to CN-20) , r DMS INVESTMENTS, LLLP. 3 Waiakea Houselots, South Hilo, Hawaii TMK: 2-2-034-084-0000 1. Prepared For: DMS Investments, LLC. i Prepared By: Georgina A. H. Chun AKA Gina Hara Chun, RA Chris Brilhante Realty LLC DMS Investment Representative July 18 2007 Table of Context: 1. Introduction ...................................................................Page 1 II. Project location III. Project Description ...........................................................Page 2 a, A. Project Concept & Components B. Project Timetable & Costs ..............................................Page 3 W. Institutional Considerations A. State Land Use B. County General Plan C. Hilo Community Development Plan ...................................Page 4 j D. County Zoning E. Other Permitting Considerations .......................................Page 5 V. Environmental Considerations A. General Description B. Climate, Soil and Topography ..........................................Page 6 3 C. Natural Hazards 1. Drainage 2. Tsunami Hazard ........................................Page 7 D. Volcanic & Earthquake Hazards E. Fauna Resources ..........................................................Page 8 F. Flora Resources 0. Valued Cultural Resources H. Water & Coastal Resources .............................................Page 9 1. Noise, Air Quality, & Dust J. Scenic & Visual Considerations ........................................Page 10 VI. Social & Related Considerations ............................................Page 11 A. Surrounding Lands Uses B. Economic Impacts C. Agricultural Impacts .......................................................Page 12 VII. Infrastructure Considerations A. Road & Traffic B. Water C. Waste Water ................................................................Page 13 D. Solid Waste E. Other Governmental Services F. Other Utilities ...............................................................Page 14 VIII. Impact Significance Analysis A. Relationship between Local Short-Term Uses of Environmental & Long - Term Productivity B. Irreversible & Irretrievable Commitment of Resources C. Mitigate Measures .........................................................Page 15 D. Alternatives to the Proposed Project 1. No Project 2. Development Based on Existing RS 10 zoning 3. Residential Rezoning 4. Evaluation of Alternatives .............................Page 16 IX. Regulatory Analysis A. General Plan LUPAG Map B. General Plan Policies.. Page 17 1. Economic Element A. Goals .............................................Page 18 B. Policies 2. Land Use Element (Commercial) A. Goals B. Policies 1 C. Standards D. Discussion .......................................Page 19 C. Zoning ....................................................................Page 19-20 D. Hawaii State Plan 1. Goals 2. Discussion G. Hawaii Coastal Zone Management Program .........................Page 21 1 Figures: I thru 8 Exhibits: A thru E List of Addresses of surrounding neighbors !i i i i I~ 4u Y F ' COUNTY ENVIRONMENTAL REPORT APPLICATION FOR COUNTY REZONING REQUEST (RS-10 TO CN-20) DMS INVESTMENTS, LLLP. WAIAKEA HOUSELOTS, SOUTH HILO, HAWAI'l TAX MAP KEY: 2-2-034084-0000 1 1. INTRODUCTION The applicants, DMS Investments, LLLP with principal owners being George j Kazuo & Adela Hara and Georgina A. H. Chun recently purchased the subject property consisting of 22,500 square feet with the intent to use a portion of property as commercial parking to support adjoining CN-20 existing plans and or to reflect the market needs for multi use commercial rentals. As such, the applicant is requesting the rezoning of the subject site from Single-family Residential (RS-10) to Neighborhood Commerical (CN-20). H. PROJECT LOCATION The subject site, consisting of 22,500 square feet, is located on the east side of Manono Street in the City of Hilo. It is situated in the Waiakea House lots and is i identified by TMK: 2-2-034-084-0000 and has been assigned a street address by the County of Hawaii as 697 Manono Street- lot 9 Block 20, Gr 8742 Waiakea House lots, Hilo, Hawaii. More specifically, the site fronts the east side of Manono Street. It also borders two other lots owned by George Kazuo and Adela Takako Trust. Both are zoned CN-20. TMK lot numbers are TMK: 2-2-034-093 (22,500 square feet) and TMK: 2-2-034-085 (45,000 square feet). Atebara Potato Chip factory and retail store is located next to and to the south side (Puna side) of lot. Also across the street is i recently approved CN-20 lot's owned by Kathy Tripp and Hirayama Brothers Electrical. Kathy Tripp submitted plans and has since opened a small-scale retail store with parking in open areas. Hirayama have also submitted plans to build a 7,500 square foot, single story structure that could be converted into smaller bays for retail and office use. These two properties were recently changed from RS-10 to CN-20. This said lot is presently vacant of any structures, having recently been removed. Figure 1: Photographs depict the street frontage and existing Physical appearance of the site. 1 III. PROJECT DESCRIPTION A. Proiect Concept and Components The applicant is seeking approval to rezone said property TMK 2-2- 34-84 from RS-10 to a CN-20 designation. Originally owners had rezoned adjoining side lot's TMK 2-2-34:85 & 93 from RS-10 to CN- 20 with plans to consolidate and build a commercial complex. r (See Exhibit A for copy of approved County of Hawaii Approved Ordinance dated April 13, 2000). However due to the unfavorable market at the time, project was ] extended until market improved. An administrative extension was requested and granted. (Exhibit B_for copy of County of Hawaii Planning Department Approval for extension. New completion date is April 13.2010). The applicant is now ready willing and able to go forward with original plans to build a commercial complex. It is the applicant's intention to rezone additional property TMK 3-2-2-34-84 and consolidate with existing adjoining CN-20 properties TMK 2-2-34:85 & 93. This will provide the applicant flexibility in the planning and construction of the original approved plans and eliminate multiple setback requirements of different adjoining properties and build a commercial complex with parking in open spaces under one consolidated lot. Bruce Hanson from Concept Construction is working to finalize overall project scale and design. Plan is to have small-scale retail and on lower level and offices on top floor. Elevator is also being planned in overall design to make it ADA compliant and to help with shortage of commercial rentals of this type in East Hawaii. It is the applicant's intention to consolidate all three properties under one tax key and construct originally approved project by years end. Start date is October 2007 with overall completion of July of 2007. Applicant intends to build a two story multi-use facility rectangular in shape that will run parallel to the northern border of TMK 2-2-34:85 and 93. Ingress and egress will be available from both Manono and Hinano Streets with sidewalk improvements as required in original ordinance. Adequate parking will be provided in all available open spaces as required by law. Tenant mix will include small retail shops 2 and on bottom with offices on second floor and parking in open spaces. An elevator will be built in middle to allow for easy access to both floors. Additional stairs to be located at ends of building for safety. Bruce Hanson from Concept construction is currently finalizing overall scale and design of building. If rezoning is approved and consolidation completed, it is the applicant intention to increase parking and construct a second similar multi-use facility in size and shape parallel to the first building. This j structure will traverse TMK 2-2-34:93 onto TMK 2-2-34:84 and be situated on the properties southern border. Tentative completion date is April 2012. Size and scale of building to be determined by the demand of retailloffice space during time of planning stage. Building to be very similar in design to current proposed structure designed by Bruce Hanson of Concept Construction. See Exhibit C for copy of Metes and Bounds of said property and Exhibit D for overall overall plot plan and elevation of vroiect. 1 B. Proiect Timetable and Cost The first requirement would be to receive county council approval to rezone subject property to CN-20 designation by November of 2007. If approved, the applicant intends to secure the balance of the 3 required construction permits and begin making the appropriate infrastructure improvements in January of 2008. Bruce Hansen estimates that all construction related to this first phase should be completed by December of 2008. It is the applicant's intention to have all leasable space rented out by April 2009. The applicant estimates the cost of the basic infrastructure and on-site improvements to be in excess of $500,000. This cost would include site preparation, as well as all required on and off-site improvements such ! as the curb, gutter and sidewalk fronting the subject area, and wastewater improvements. Bruce Hansen estimates that the two- story structure in phase one will cost approximately $2,000,000 to build. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject property is designated Urban. As such, a boundary amendment to cover the requested CN-20 zone is not needed. B. County General Plan 3 V I The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the site Medium Density. As such, a General Plan amendment to the LUPAG map would not be required. It should be noted that while the Planning Director initiated interim amendments include some changes to the House lot area, none are being proposed for the subject parcel. Figure 2: depicts overall zoning designation according to County j General Plan. 1 Relative to the Medium Density designation, the General Plan allows consideration for "Village and neighborhood commercial and residential and related functions (3-story commercial; residential- up to 35 units per acre)". The requested zoning and planned uses would be consistent with the uses envisioned with the Medium area. C. Hilo Community Development Plan The Community Development Plan (CDP) attempts to further define the General Plan and serves as a gu ide for decision-makers. The Planning Commission adopted it in 1975, over 25 years ago. Although reviewed by the County Council, the CDP was never adopted. The CDP's Land Use Concept map identifies a RM-4 designation for this area. Although the proposed uses are not residential, it should be noted that requested CN-20 zoning would allow single and multi-family residential uses. i Notwithstanding the technical inconsistency, however, it should be noted that the General Plan has been amended three (3) times, and much has occurred in the way of development in Hilo and its outlying areas. Accordingly, some of the planning assumptions reflected in the CDP are obsolete. An updated CDP would be timely. Absent the availability of a relevant intermediary planning document, one must rely only on the General Plan LUPAG map and policies. In the end, The General Plan is more critical, as the County Charter requires all zone changes to be consistent with it. D. County Zoning 4 The County zoning of the requested area is Single-family Residential (RS-10). Over the past ten years, there has been a number of commercial rezoning in this general area. On February 24,1998, a CN-7.5 rezoning (Ord. 98-15) was approved for a 22,500 square foot parcel located on the east side of Manono Street, less than 800 feet north of the subject site. Then, on March 31, 2001, a CN-10 rezoning (Ord. 01-03) was approved for a 67,500 square foot area located kitty corner of the subject property, fronting both Manono and Hinano Streets. Other commercial (CN-10 and CG-20) rezoning requests were approved along Hinano Street less than 600 feet from the subject property. Both Hirayama Brother Electrical and Kathy Tripp property directly j across was also recently approved from (RS-10 to CN-20) as well as Big Island Candies properties on the East side of Hinano was approved from CN-10 to high density commercial. It is thus clear that this section of House Lots is undergoing a land use transformation from single-family residential to light commercial i uses. Figure 3: Shows recent conversion of RS lot's to CN-20 and CG-20 in neighboring lot's as well as proposed site. In the event the requested Neighborhood Commerical (CN-20) requested were approved, all related use and development codes such as Plan Approval, parking, landscaping, fire, ADA, and the like would be complied with by the applicant. E. Other Permitting Considerations i The site is not located within the County Special Management Area (SMA). As such, no SMA Use Permit would be required. However, as noted earlier, other construction-related permits would still be required. These would be of the "ministerial" variety, such as Plan Approval, grading permit, building permit, driveway permit, Department of Health clearances, and the like. I V. ENVIRONMENTAL CONSIDERATIONS A. General Description The 22,500 square foot site is rectangular in shape situated within South Hilo's Waiakea-Homestead Community. As shown on the preceding Property Location Map, current access to the site is provided by county road. The elevation of the site is 5 approximately twenty (20) feet above the mean sea level and is 2 miles from the nearest coastline. The site is rectangular in shape and currently vacant. The property is relatively level throughout the parcel. All utilities are available to the subject site. The subject is accessed by paved asphalt road from Manono. It has a hundred (100) foot frontage and runs two hundred twenty five (225) feet to the rear. Fieure 4: Shows detailed TMK man of Proposed site- Zone 2. Section 2 and Plat 34. The subject property was formerly used as a residence. There was i one older residence on the property, and structure has since been demolished. The site is presently cleared and leveled. B. Climate, Soil and Topography According to the State Commission of Water Resource Management, the nearest rain gauge in this area is the Hilo Airport. The rainfall data of this gauge notes that over the past 37 years, the annual medium rainfall for this area was 131.1 inches. The wetter months tend to occur between October through April. The average daily temperature ranges form a minimum of 61 i degrees to a maximum of 79 degrees Fahrenheit. Wind patterns are generally trade winds (easterly) during the day and westerly or mountain winds during the evenings. The property's elevation is approximately twenty (20) feet above mean Level. It is fairly flat. There are no perceptible topographic ! or geologic constraints on the subject site. The U.S. Department of Agriculture Soil Conservation Service (now known as the Natural Resource Conservation Service Land study Bureau Overall Master Productivity Rating designates this site Keaukaha Series (rKFD), which is extremely rocky muck, well drained, thin organic soils overlying pahoehoe lava bedrock Runoff is medium, and the erosion hazard slight. Because the site is part of a built up urban area, the University of Hawai'i Land Study Bureau Overall Master Productivity Rating map does not classify this site and immediate surrounding areas. Likewise, the site is not classified under the Agriculture Lands of Importance to the State of Hawaii (ALISH) classification system. Thus, the State's classification system does not recognize this site as being agriculturally important. 6 C. Natural Hazards Z 1. Drainage The Federal Emergency Management Agency (FEMA) Flood Insurance Rate map (FIRM) identifies the area of the requested zoning to be within Zone X (areas outside of 500-year flood). There are no existing drainage ways on the site. Nonetheless, as there will be an added level of impervious surface resulting from the proposed development, there may be j an issue relating to potential increased run-off. In that event, drywells(s) or similar type of accommodations will be implemented, subject to the review and approval of the Department of Public Works and State Department of Health via the Underground Injection Control (UIC) permit process. With the proposed on-site drainage improvements, and since none of the proposed improvements will occur within the Floodway (AE) designated area, all potential drainage and /or flooding issues could be reasonably addressed and mitigated. Figure 5: depicts overall Flood zone of area from FIRM FLOOD INSURANCE RATE MAP pane1880 of 1900. Community- Panel number 155166 0880 C. Revised September 16, 1988. 2. Tsunami Hazard This site is located within the Civil Defense's Tsunami Evacuation Zone, as is much of Waiakea House lots and the government complex at Kaiko'o. Accordingly, during tsunami threats, appropriate evacuation measures must be taken. Given the fact that the proposed uses will be for office and retail and not residential, there should be sufficient response time to minimize danger to lives. 3. Volcanic and Earthquake Hazards i The United States Geological Survey (USGS) classifies the subject site as Lava Flow Hazard Zone 3, on a scale of ascending risk, 9 to 1. This designation applies to all of Hilo. Figure 6: shows subiect vroiect to be located in a Zone 3 for lava flows according to information obtained from the U.S Department of Interior/Geological Survey, Volcanic and Seismic 7 Hazards on the Island of Hawaii U.S. Government Printing Office: 1997-426-748 There's very little that can be done to protect structures and improvements, on the site from lava flows. Relative to protection of life, however this would be achieved by the County Civil Defense agency. Such notices will be prominently placed within office building. j The entire island of Hawaii falls within Earthquake Zone 4, according to the County Building Code. As such, all structures built on the site will have to meet with the more restrictive seismic hazard structural requirements of the Building Code. D. Fauna Resources I The applicant does not believe that rare or endangered faunal resources are likely to be found within or proximate to the subject site. This is due to the already developed state of the subject area (and the fact that the site has recently been graded) and its immediate surrounding area. Due to the developed state of this area, the faunal resources should be somewhat typical of other developed areas. One may thus find bird species such as the Spotted Dove, Japanese White eye, House Finch, Common Myna, and the like. Domestic animals such as cats and dogs, and other animals like rats and mongoose are also } common. None of these are endangered animals. As such, it is unlikely that the development of this property would-cause any adverse faunal impacts. 1 E Flora Resources As with the description of the site's faunal resources, no professional Botanical survey was done of the subject area. In historical times, the Site was used residentially. The area has been recently graded, and there is no discernible vegetation on the site. Accordingly, there should be no adverse floral impacts. F Historic/Cultural /Archaeological Resources Likewise, no commissioned archaeological survey of the site was made. The recent clearing makes it less likely to find any Archaeological features on the site. Nonetheless, during the course 8 Features or sites are uncovered, work will cease and the applicant will immediately notify the Planning Department. A letter was also sent to Historic Preservation Division - Hawaii District to request a "No Historic Properties Affected" determination. See a attach copy of letter as confirmation. G. Valued Cultural Recourses In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated tradition and customary practices of this site. In this situation, the subject site is not adjacent and for proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. i' It is not known whether the subject or immediate surrounding area was used in the recent past for the gathering of plants by native Hawaiians. However, as the site has been cleared, it would appear highly unlikely that the site would serve such purpose today. In the unlikely event that legitimate gathering claims are made by native Hawaiians, the applicant intends to respect and honor such claims and provide the needed access within the site. Based on the above, it does not appear that the project would have any potential adverse impact relative to the cultural and historical resources of the area. H. Water and Coastal Resources The Hilo area is underlain by basal groundwater. The Wailoa River is approximately mile from the subject site. The coastline is about a mile away. The proposed development will connect to the County's system along Manono Street. This should further reduce potential adverse groundwater or near shore water impacts resulting from this project. Further as noted earlier, prior to the installation use of any drywells on the site to address on-site drainage concerns, the 9 appropriate UIC permit from the State will be taken. At the time, impacts to water and coastal resources will be carefully examined. 1. Noise, Air Ouality, and Dust The existing background ambient noise level in this area is wind, foliage, birds, and the like. However the significant manmade noise is influenced by the traffic associated along both Manono and Kekuanaoa Streets. With the traffic, the noise level is relatively high, averaging more than 55 Ldn. To mitigate this noise to the project, the applicant plans to install appropriate landscaping along the frontage of the property and to the sides. There will also be short-term noise impacts during the construction phase. To mitigate this impact, the development of this project, particularly the site work, will also be required to comply with j established State Department of Health guidelines and standards relating to noise and emission controls. The proposed development should not generate any direct air ualiimpacts. As the project itself is not expected to have uses that generate adverse air pollutants, the only discernible air quality impact would be associated with vehicular traffic to and from the site. While the added traffic will have an impact to the ambient air quality, the impact should not be significant. This is due in part to the higher EPA standards for vehicular air emissions and the prevailing trade winds. All of the required parking area within the project site will be paved with an all-weather, dust free surface. Landscaping will also be required as part of the Plan Approval requirement. As such, ' with the exception of minimal construction dust in the beginning, long term dust generated by the project should be insignificant. ' J. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as scenic resources. The subject site is not listed as a scenic site. However, there were a few examples cited in the Hilo area. The most notable is the backdrop of Mauna Kea and the Hilo Bay. The proposed development would not have any visual impacts on the Mauna Kea or Hilo Bay. The view of Mauna Kea in this area is 10 somewhat visible from Manono Street. Given the height of the proposed structure (less than 30 feet) and the height of the mountain, this view would not be impeded form this public road. Thus, with the planned height of the structures and the location of the site in relation to the views of the significant landmarks, the visual impact should not be overly pronounced, if any. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The surrounding land uses in this area are a mixture of low to moderately dense residential and commercial uses. While there are a number of single-family residences, with the "ohana- 1 nizatiou" of lots, there -.re also a number of duplexes. There are 1 also churches, commercial, and a potato chip manufacturing plant in the near vicinity. The latter (Atebara Potato Chips) is located directly next to subject site on Puna side. There is a drafting business adjacent and to south of the subject property. Both Kathy Tripp and Hirayama brother C-20 properties are directly across j the street. Kathy Tripp has since opened her retail store and the Hirayama brothers are working towards building their { commercial building. I Figure 7: depicts current zoning and proposed zoning for surrounding area as shown in the Hawaii County planning website- htty://co.hawaii.hi.us/plannina/mays/ordl2.ipa. The requested rezoning would be generally consistent with the evolving mixture of commercial and residential land use pattern in 1 this area. Nonetheless, because of there are some residential developments proximate to the subject area, mitigate measures will be taken. These measure deal principally with landscaping, lighting, and access. B. Economic Impacts The requested zoning would have some measure of economic impact, as it would provide short-term employment opportunities for those in the construction and related industries. 11 When completed, this new proposed facility whether it is parking to support future development or multi-use retail building will create future jobs, tax revenues and benefit the overall County of Hawaii. A commercial rezoning would also increase the tax revenues to the County. However, there could be some real property tax consequences for the adjoining residentially zoned properties. As the assessed valuation f the subject property rises due to the higher commercial use, there could be some fallout to neighboring properties. However, landowner's intent on keeping their property for residential use would have the option of dedication their land for residential or agricultural uses. C. Agricultural Impacts The subject site has not been used for agricultural purposes for over 50 Years. It was used residentially until recently when the residences were removed. Given the urban setting, the agricultural impacts resulting form this Rezoning should not be significant. I VII. INFRASTRUCTURE CONSIDERATIONS A. Road and Traffic i The subject site fronts Manono Street. This 2-lane County road serves as one of several north/south roads in this part of Hilo. It has a right-of-way of 50 feet with a 22 foot wide pavement and graveled shoulders. Manono Street is designated as a connector road on the Zoning Map. Such a designation requires a sixty (60) foot right-of-way. The applicant is prepared to set aside five (5) feet of its property to accommodate this designation. Refer back to Figure 3 for detailed info on future 60ft right of way requirement. This portion of Manono Street is straight. As such, there is adequate sight distance for egress and ingress movements. The applicant, pursuant to the requirements of the Department of Public Works will make driveway improvements. The applicant does not anticipate vehicular movements to and from the site to be substantial. Generally, they will be associated with employee movements between the hours of 7:00 am to 8:00am and 4:30 p.m. to 5:00 p.m. Client traffic should average no more than 10 movements every 30 minutes during the course of the day. 12 B. Water Water service to the project is from the Piihonua well source. There is an existing 5J8--inch meter serving the site from Manono Street. In the event this needs to be upgraded to a 1- inch meter, the applicant will do it. The applicant does not anticipate water use to exceed three (3) units of water. Did check with Finn McCall from the Department of Water and found that indeed there is sufficient infrastructure to support development. He said that there are larger water laterals on both Manono & Hinano. There is 8" water lateral on Manono Street and a 6" water lateral on Hinano. He stated that an easement would needed to be given to the water department and lines would be brought together either 1 on one side and or in the middle of property to further ensure water flow. For additional rules and regulations, he said you can also see County Water website at www.hawaiidws.or¢. and look up water systems standards. I i (Fieure 8 for cony of may obtained from the Department of Water notatine the water lateral size. Man was sinned off Finn McCall from the County Water department) Should this application be favorably considered, the applicant intends to secure the required water commitments from the Department of Water Supply for this project. C. Waste Water County sewer line fronts the subject site along Manono Street. If it has not already done so, this project will hook up into this system. D. Solid Waste Solid waste will be handled by commercial haulers who will dispose of the refuse at the county landfill in Hilo, which is at or nearing capacity. This landfill must be closed when full. Unless an approved site is located in Hilo, the waste will have to be hauled and ultimately disposed off at Pu'uanahulu in West Hawai'i. j As the site completely cleared, there should be no land clearing material that needs to be disposed of. For the construction phase of this project, efforts will be taken by the contractor to minimize disposal and all disposal will be done at approved disposal sites. 13 I This and other waste reduction methods will be taken during the construction and operating phases of this project. E. Other Government Services As this area is already part of an urban area, it already has access to a number of services. All of the required police, fire, and related services are available. Police protective services are provided from the main station along Kapilani Street, less than 2 miles from the 1 site. Likewise, the nearest fire station would be at Central and Waiakea, both within two (2) miles from the subject site. There are also the Kaumana and Kawailani stations, located less than four miles away. Emergency medical and paramedical services are also provided from these stations. The Hilo Hospital is located approximately 3 miles from the site and is managed by the State. This facility is one of 5 licensed hospitals on the island. As this project is a commercial one, it should have little or no direct impacts to schools, parks, and other related facilities. As the project may indirectly generate a school demand, it should be noted that the site is proximate to the K-12 Hilo Complex and Waiakea Complex, both of which are less than 3 miles from the site. There are also a number of public parks within a 2- mile radius. Thus, no extension of government services would be required, and existing facilities should be sufficient to accommodate the demand expected from this project. I F. Other Utilities } All other utilities such as telephone and electrical services are available to the site. VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Term Uses of Environment and Long- Term Productivity The short-term use of the site would probably be the same as the current use, which is open space. This will continue until the full 14 improvements are made, which will hopefully be before the middle to latter part of his year. This project should not result in any significantly adverse short or long-term impacts that cannot be properly mitigated. There will be direct and indirect economic benefits resulting from the construction and implementation of this project. Relatedly, the project will generate increased tax revenues that can supplement the State and County's fiscal resources. Whatever we arooose, this new facility will create future iobs and tax revenue for the County of Hawaii. 1 Because of its location, this project will provide a service that can be made reasonably accessible to the immediate neighborhoods and surrounding commercial and industrial areas. The applicant will mitigate potential impacts of this project and will implement all required infrastructure- if needed-. i B. Irreversible and Irretrievable Commitment of Resources The area of the requested rezoning has already been extensively disturbed. As such, the commitment of natural or other resources (such as botanical, avifaunal, and archaeological) would not appear to be significant. C. Mitieate Measures The applicant intends to provide any required off and on-site infrastructure in conjunction with the development of this project. These will include on-site drainage system, landscaping, road, water, and wastewater improvements. Al of these will be done in conjunction with the permitting and permit implementation i phases of this project. Off-site traffic-related improvements at Manono Street fronting the property will also be provided. If needed, this will consist of a curb, gutter, and sidewalk section fronting the property. If any inadvertent archaeological discoveries are made during any phase of this project, the Planning Department will be notified and appropriate mitigation will be taken before work is resumed. Landscaping will also be incorporated within the project site, as well as along its boundaries. The landscaping would be consistent with the Planning Department's landscaping rules. 15 D. Alternatives to the Proposed Project 1. No Proicct Under the status quo alternative, the site would remain in its present vacant, cleared use. Under this scenario, the site would not be utilized to its highest and best use, as envisioned by the General Plan and the commercial and residential growth of the general area. I 2. Development Based on Existing RS-10 Zonin¢ Under this alternative, the area of the requested zoning may be used for one residence. While that maybe possible, residential uses, however, may not be too desirable, due to noise associated with the traffic along Manono Street. 3. Residential Rezonina Another option could be to utilize this site for a denser residential project. While that would still be consistent with the General LUPAG's map Medium Density designation, it may not be too feasible, given its location neat to a major connector road and the cost of the required off-site infrastructure. 4. Evaluation of Alternatives Leaving the property in its current state would not maximize the use of the land. The land could continue to be used residentially. However, there may be some safety factor, given the connector road function of Manono Street. This would also mean having to redirect commercial uses to other areas of Hilo, areas that are increasingly becoming less available. There would also be diminished tax revenues and less service to the public. While alternative residential densities are possible, those uses may not be really desirable, given its frontage along a heavily traveled road and the cost to provide the required off-site infrastructure. Neither of the above alternatives could best deliver some needed off-site infrastructure improvements, as would the requested commercial project. The proposed project would make 16 improvements fronting Manono Street. Then, too, the use would provide needed commercial retail and office services for SMALL businesses to the area community. In that regard, the project in totality would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map. In view of the aforementioned, it would appear that none of the alternative would be more prudent and beneficial than the requested CN-20 zoning alternative. I IX, REGULATORY ANALYSIS - County and State Land Use Policies A. General Plan LUPAG Mao j The General Plan provides for the long-range comprehensive development of the island of Hawaii. It provides direction for balanced growth in the County. The LUPAG map designates the site Medium Density, a designation that allows the requested CN-20 zoning. Accordingly, this request would be consistent with the LUPAG map. It should be noted that none of the interim amendments proposed by the j Planning Director involves the subject site. I B. General Plan Policies The requested zoning would be consistent with the goals, policies, and standards of the Economic and Land Use Elements of the General Plan. Specifically, the more pertinent ones follow. Economic Element Goals • Provide residents with opportunities to improve their quality of life • Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. 17 • The County of Hawaii shall strive for diversity and stability in its economic system. • The County shall provide an economic environment, which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. Policies • The County shall provide an economic environment, which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. I • The County shall strive for an economic climate which provides its residents an opportunity for choice of occupation. i • The County shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. i • The County shall encourage the development of a visitor industry which is consistent with the social, ` physical, and economic goals of the residents of the County Land Use Element (Commerical) Goals • Provide for commercial developments that maximize convenience to its users. • Provide commercial development that complements the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. Policies • Commerical facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems. Should 18 such services not be available, the development of more intensive uses should be in concert with a localized program of public and private capital improvements to meet the expected increased needs. • Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. f The development of commercial facilities should be designed to fit into the locale with minimum intrusion while providing the desired services. Appropriate infrastructure and design controls shall be incorporated into the review of such developments. Standards • Commerical developments shall be located in areas adequately served by transportation, utilities, and amenities. Commercial developments shall provide for adequate internal circulation amongst commercial facilities in the area. ] • Off-street parking and loading facilities shall be 1 provided. f • Commercial development shall maintain or improve the quality of the present environment through the consideration of visual, access, landscaping, and other design elements in the their development. i • Preference shall be given to commercial lands with a reasonably level topography. j • According to 14.3.52.2 Hawaii County General Plan Courses of Action plan, section f- "Within the Waiakea Houselots "medium density" area, commercial development shall be focused on major streets-- Kekuanaoa, Piilani, Manono, and Lanikaula, while the interior blocks should be zoned primarily for single- and multi-family residential use". (Exhibit E for cony of Hawaii County General Plan Section 14.3.5.2.2 Courses o Action, figure f) 19 Discussion If approved, the project would provide needed service to this sector in Hilo area. Its location is ideal to service some of the existing residences in this area. However, because of its location, it would also provide supportive services to the commercial and industrial cores of Hilo. Relatedly, all required infrastructures are there or, if not, will be provided by the applicant without taxing government's servicing ability. The site has limited on-site developmental constraints. The site is not designated a floodway and instead designated "X", areas outside of the 500 year storm. Because of its prior residential use and current cleared status, archaeological, floral, or faunal concerns should not be significant, if at all. Relatedly, although there may be a potential for some endemic birds to visit this area, the development of this site would not i remove a critical habitat. Then, too, there are alternative areas that would be more suitable for any habitats. Furthermore, if there are inadvertent archaeological features found on the site, work wills top and the State DLNR and County Planning Department will be consulted before further activities occur within the affected area. Finally, all structures will be built to comply with the Zoning Code standards, such as parking, setback, height, landscaping, and so forth. 1 C. Zonin If the request were approved, the site would be developed into a small-scale commercial retail area on bottom with offices on second floor. The structure and improvements would be developed consistent with the Zoning Code. No variances from the Code are anticipated. D. Hawaii State Plan Chapter 226, Hawaii Revised Statutes, outlines the long-range goals and policies of the Hawaii State Plan. Said Plan is intended to serve as a guide for the growth and future long-range development of the State. 20 Pursuant to said requirement, a discussion of the pertinent policies and goals and the project's relationship follows: Goals • 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. • A desired physical environment characterized by beauty, cleanliness, quiet, stable and natural systems, and uniqueness that enhances the mental and physical well-being of the people. • Physical, social and economic well-being for individuals and families that nourishes a sense of community responsibility and caring of participation in family life. 1 1 Discussion The proposed project would achieve these goals. It would provide both direct and indirect employment opportunities for current and future residents of the island; contribute to the island's overall tax base and hence, increase both State and County revenues; and complement and support other economic uses and in turn, contribute to the stability, diversity, and growth of local and regional economies. i This employment opportunity would come without adversely affecting the environment. There is no known wildlife or plant life s listed as either endangered or threatened on the subject site. Then, too, because of its historical residential use and the fact that the site has been cleared and leveled, the likelihood of finding archaeological features on the site is quite remote. Impacts to the surrounding areas would also not be significantly adverse. All required infrastructures will be in place by the applicant prior to occupancy of any portion of the project. These include traffic improvements, and the wastewater and water system. Furthermore, the provision and /or retention of natural landscaped buffers around the perimeter of and selected portions 21 within the project site would also help mitigate any adverse visual and noise impacts to neighboring residential properties. G. Hawaii Coastal Zone Management Program The objectives of the Hawaii Coastal Zone Management (CZM) Program are outlined in Chapter 205a, Hawaii Revised Statutes. The principal goal is to assure the protection and maintenance of the State's coastal resources. Although the entire State falls within the j CZM area, the permitting process is geared for those areas proximate to the coast and identified by the County as the Special Management Area. Nonetheless, a general review of a project's consistency to the CZM policies - regardless of its location - must still be made. In that regard, please note the following: • The proposed project will not have any substantial adverse environmental or ecological effect. (Please refer to discussions j in Chapters V, VI, and VII). Any effect that may result will be minimized to the extent practicable and will be clearly outweighed by public interest. • The proposed development would be consistent with the objectives of the CZM program. Specifically: o There would be no impact to the area's recreational i resources. This is not a shoreline property. o Because of its historical agricultural use, the project site should not have any remaining historical resources. Any inadvertent find during* the course of construction can be appropriately mitigated; o The project will not affect any scenic and open space resources; o The coastal ecosystem will not be impacted; o There will be more employment opportunities, and hence furthering the economic uses of the sites; o The site is more than a mile from the shoreline, and thus there would be no coastal hazard or beach erosion or marine resource impacts; and 22 o Public participation will be achieved through the hearings on this request. • The proposed development is consistent with the County General Plan and other appropriate regulatory tools, such as the Zoning Code. I i Mahalo Nui Loa for your consideration. Georgina A. H. Chun AKA Gina Hara Chun RA Chris Brilhante LLC DAIS Investments, Representative i 1. i 23 i i; I i F IGURES 1. Picture of property i 2. County of Hawaii Waiakea House lots designation. 3. Map of existing & recent conversions of area from RS (Residential) to CN (Commercial Neighborhood) & CG (General Commercial) conversions. 4. Detail Map of area. 5. Flood Map of overall area showing "X" 6. Lava Zone Map showing that general area is in Lava Zone 3 7. Detailed map showing different designations of overall area from the Hawaii County Planning department website. 8. Hawaii County water map showing 8" & 6" water lateral on Manono & Hinano Street. v j q4 r r: 1 i Street View of subject property TMK: 2-2-034-084 1 tt Front View of subject property TMK: 22-'2`!-034-084 FIGURE I SS r 2~4 VZ5 j` ~r 1 LEGEND ii Conservation High Density Urban Industrial to edi6iiF# Industrial Medium Density Urban Density Urban B- Open Area Proposed High Density Urban 1 Proposed Medium Density Urban Medium Density Urban to High Density Urban B-B b t 4 Re pp:Y t 1 Y } WW S lanikaula St, 4.25. ._....®x125 0...-..._ 0.28 O.S Miles S. Hilo 0 4 Figure 2 0 Y-.r9 F- K~~loly Teri G~wi/ia M1.-20 W O W ^ (X F b 1~iI R O GO -Ir.9 N O tl d FUTURE 120' R/W UNE MILANI STREET ca-r.9 cd-T.9 F Gd-r.0 1 W ed - 1.0 Houganji Apartment 0: N IB" Credit 623.00 S Union 9,141.00 E j ' HALA° ed - 7.9 Restaurant Co - r.ej MI zo s is-10, t9-t0 ' 1 ~t t 1 T. R9 - 10 R9 10 ML'-26 5 Church flmce'; k9-10 ti-r.f R3-10 t9-IO. mi. t9-10 R9-10 - LS-10 .119-t0 83.10. HUALANI STREET W. UN 89.10. Rl-10 c ^Iva- [9-10 m ,n ~ I~ R9-10' Hit CN 20 t_V GN-=a .R9-to cd-a9 8 n j t " CN-20 Site " ('~l• ' ed - 20 CG- 20 _ B' island andles. "-to R - l o Complex G-20 _ to Cbi factory CG- 20 a Y Big- .1 zOO. logos ca zo ts- ° y its... 10 1 Q. Rf 10 E Y I _J_ [9 1 UANAOA Candies STREET FUN 6 R tWE ' p~ LS q10 - - F J -3-10 ca•lo R9-10 3i !9 - I O 19,- I . ° j I [D-974 Rs to, CN-1o Recent Conversions: Proposed retail Converted in 2006 from RS-10 to CN-20 Cathy Tripp. April 07 EXISTING ZO G OF AREA opened gift shop. Rhayams Brothers Big Island Candies rezoned theirlot orom In 2006 converted existing RS RS-10 to CN-20 and are to to High density working towards building their Convert existing Commercial CG-20 zoning commercial building 0 Tot to CN_20 . RS-10 from Hiaano to Kekuanaon Atebarn Potato Chip Street. TAK 2-2-034-084-000 Factory and retail outlet GENERAL COMMERCIAL (22,500 square feet) anadioio South (PUna)boar boarder x ~ aj aj t{{2 9f { Y>d a~' Yrr, 133Y1C~ JTTf y° n'y3-Y Q ~ ~ filD :ai p~„ YD f.=c ~«j (kl ry ~ ' DTn YS • irif rD ° °we J ~ ~ Kre1y ° "{r~,yo • rrre P fi1D yD r ~ A vffvi9 !wr O ,W, t Yl +.rr ®/.ee<a iv y \:,{~-ViII P /vcw'°. ~ ~.StP F h.4 p. ltvY9 tas~. n v 4:. lM1rw n . E4`e, tyd P , tf,f l...aT /,vY ~?n/i 't qr 1 ~ ~ Y}1as pY+7 4 ? + sKV e ° 1 4r/t }`~1 ~ ° ~t ~w+ .np ~ r M1 Z ^~•.w. I ofKbD 7A 3~! 191 ~ a' L r 1 <°^.?T +O ~ i P YLt~° 9t J" ! r `a ~ M F ° ® J i « Irl Y f~M ~~sry°xo t tg o°^.W ®y~ I' ° rrosa , Dale e • ~ -"<.o>~v~ 7, ~+ab ~ i a. e"i~al av ® i ° 133b1C a r~~.....A~~11yY1 ~M1O TT{{~~<<yy}}~D .^J rat?» ~ ~ ~ i F J C i ' }33~m$f7 - ~ Oa V B%ZONE 111 D RAN lllsu urDSDEDI AE - - ~~~DEfl CY 1 m, FIRM RM 0l uAcE ME NAP -I~ RM i% ONE AEK HAWAII COUNTY, 1 73ZAEE ' 13 0 i HAWAII ~ ZONE D1 s L 33 PAMOD OF IND ~ i B ~""33T~ o n 4 LEI fl 94 M y wuww j 'OTNE C011MDWTY-PANEL ISNSEI 1551AS MMC NAP SEVM. get - SEPTORM %ml gs~ SM1 KAWILI ST ~i O D 6 pldDmymf ElAmmIm AYW' 2 C p c c ` RM i' Tg s .m NE X - i LIMIT OF p LULEO STUDY 1Fp ' MAEMAE ID II \ ~ ~ ` STREET J O IJ ii X /i E 0 ZONE ` ZONE X X S F ZONEX E D ZONE AE IMSTPUAINAKO RE" I ZONE ZONEX 1 P PAI $ c sly, G AW"UNI STREET 991 < NDEAU Y9 B6 m ZONEX - I(AXADPEA H a II"~ ZONE X 0 I I 1 O 'V r ~ II i~ I ZONE X 2 ZONE X -i LL. Hazard ZoneF for Lava Flows Zone Percent of Percent of area Explanation area covered covered by by lava since lava In last 1800. 750 yrs. Zone 1 greater greater Includes the summits and rift zones Of than 25 pct than 65 pct Kilauea and Mauna Loa where vents have been repeatedly active in historic time. Zone 2 15-25 pct 25-75 Oct Areas adjacent to and downslope of ac- tive rift zones. Zone 3 1-5 pct 15-75 pct Areas gradationally less hazardous than Zone 2 because of greater distance from recently active vents and/or because the topography makes it less likely that flows will cover these areas. Zone 4 about 5 pct less than 15 pct Includes all of Hualalai, where the fre- quency of eruptions is lower than on Kilauea and Mauna Loa. Flows typically I cover large areas. Zone 5 none about 50 pct Areas currently protected from lava flows by the topography of the volcano. 1 Zone 6 none very little Same as Zone 5. Zone 7 none none 20 percent of this area covered by lava 3,500-5,000 yrs ago. Zone 6 none none Only a few percent of this area covered i in the past 10,000 yrs. Zone 9 none none No eruption In this area for the pest 60,000 yrs. ~ a ~ I KOHALA 3 5 ° 01L 6 N O W 7 ° 8 t 9 - i T.AVA 7.nw MAIL gTGf IRP. 6 4 LEGEND Densky Urban -'`1; Med?unz Uensitu I Low Densky inetusfriai ~ o ? - ~ - 1 intensive Agriwitme 1 J E)densiee Agriculture Orchards T. Resod Open Area Conservation Flood Plain Urban Expansion j ~ 4.4 ~ ~ ~ ~ lute Me~nSK~amsMy lntlusl,Eal i $~.;s~ 'rs'~a*s$;u~a University Use ; e ?~zx~e.: E ~`e w ar ~ s f 1 a •n # N Y.t~ i - ti a~bIti L~ L' ( !1 C P \ f}> a F~ - ~4Yy FIGURE 7 loft 5110/2006 9:04 3M i u ~ "f~ a ysy d ~r 7C tins, .n t ur i pEa - r a Irv 4 X Y ! s r + , ^r _ 'EC ~ ''1. ~ -n t+ r `~sz'?~5.~~ `?';~r~~ 3:', . ~ i -mow w$s 1 i^ I I ~ j N 7 Z 00 m V 1 i 1 x 2 rv m OONNdO~Om w me ~m m 0mo 2 DI A < fil m a _ 0^ p^ r O m o K~G'o 3 q A m T A A I ° m d a I i EXHIBITS: } A. County of Hawaii Approved Ordinance 0031 for TMK 2-2-34:85 & 93 to change zoning from RS-10 to CN-20 designation. j B. County of Hawaii Planning Department Approval for extension. Extension given April 13, 2010. C. Copy of Metes & Bounds and map of said property D. Plot Plan of overall design & elevation of planned building by Concept Design E. Hawaii County General Plan Section 14.3.5.2.2- Courses of Action, section F. 1 i COUNTY OF HAWAI 44 1- STATE OF HAWAII BILL NO. 205 (Draft 2) ORDINANCE NO. 00 31 AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-10) TO NEIGHBORHOOD COMMERCIAL (CN-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-34:85 AND 93. 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, is amended to chartge the district classification of property described hereinafter as follows: 1 The district classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be Neighborhood Commercial (CN-20): Beginning at a galvanized iron spike and ahu at the Northwest corner of this lot and the Southwest corner of Lot 5, on the East side of Manono Avenue, the coordinates of said point of beginning referred to Government Survey Trig. Station "Halai" being 1263.0 feet South and 9141.0 feet East, as shown on Government Survey Registered Map No. 2566, and running by true azimuths: 1. 270° 00' 450.0 feet along Lot 5 and Lot 6 to a galvanized iron spike and ahu; 2. 360° 00' 200.0 feet along the West side of Hinano Avenue to a galvanized iron spike and ahu; 3. 900 001. 225.0 feet along Lot 12 to a galvanized iron spike and ahu; 4. 180° 00' 100.0 feet along Lot 9 to a galvanized iron spike and ahu; 5. 90° 00' 225.0 feet along Lot 9 to a galvanized iron spike and ahu; ] ~ IT "A" 6. 180° 00' 100.0 feet along the East side of Manono Avenue to the point of beginning and containing an area of 67,500 square feet. All as shown on the map attached hereto, marked Exhibit "A" and by reference i -I made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: I { A. The applicants, their successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Construction of the proposed development and related improvements shall be completed within five (5) years from the effective date of this ordinance. This time period shall include securing Final Consolidation Approval and Final Plan Approval from the Planning Director for the commercial development. Plans shall identify structures, fire protection measures, landscaping and maintenance plan, paved and striped parking stalls and driveway and other improvements i associated with the proposed uses. Plans shall include landscaping along property boundaries for the purpose of mitigating any potential adverse noise and visual impacts to surrounding properties. Plans shall also indicate a 5-foot future road widening setback along the properties' Manono Street frontage. 1 C. Driveway accesses from Manono Street and Hinano Street shall meet with the approval of the Department of Public Works. D. The applicants shall construct the following roadway improvements along the subject property's Manono Street frontage, meeting with the approval of the Department of Public Works: 1. A half-section of roadway improvements on the east side of Manono 2 i ~ Street consisting of a 21-foot wide A.C. pavement with concrete curb, gutter, and sidewalk and drainage improvements within the future road widening setback area established as one-half the distance between the existing right-of-way and 60 feet. 2. A half-section of roadway improvements on the west side of Hinano Street consisting of a 16-foot wide A.C. pavement with concrete curb, gutter and sidewalk and drainage improvements in the area established as one-half the distance between the existing right-of-way and 50-feet. 3. If required, installation of street lights, signs, and traffic markings meeting with the approval of the Department of Public Works, Traffic Division. All roadway improvements to Manono Street and Hinano Street shall be completed within five (5) years from the effective date of the change of zone ordinance or in conjunction with the County's road widening improvements, whichever occurs first. I E. The 5-foot future road widening section fronting the subject property along Manono Street and roadway improvements on Hinano Street shall be subdivided and dedicated to the County of Hawaii. I F. A Solid Waste Management Plan shall be submitted for review and approval to i the Department of Public Works in conjunction with the submittal of plans for Plan Approval to the Planning Director. i -3- G. Sewer line connections shall meet with the requirements of the Department of Public Works. H. Upon compliance with applicable conditions of approval, prior to the establishment of any new use or the opening of the proposed development, the applicants shall submit a final status report, in writing, to the Planning Director. 1. Comply with all other applicable rules, regulations and requirements of the affected agencies for the development of the subject property. I J. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees i j Ordinance. K. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. -4- 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicants should require an additional extension of time, the Planning Director shall submit the applicant's request to the County j Council for appropriate action. L. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject property to its original or more appropriate designation. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: March 22, 2000 Date of 1st Reading: March 22, 2000 Date of 2nd Reading: April 5, 2000 Effective Date: April 13, 2000 i A7 ED AS TO FprkM AND LEGALITY CORPORATIO C UNSEL :Z~t7a DATED -5- CG - 7 .5 L G- 1, 5 C G- 7. 9 MI. - 2 0 i CG-1.0 ca 1. LG-7.s m -2 1 25 - t0 R5 - to 95-10 R5,10 C5 - 10 O a W z W CN-7.5 w w ML .20 w w ~x z (n K 5 F rn R5-10 M -10 w 2L0 4 S RS - 10 k5 • 10 J k5 - 10 R5 - 10 f W HUA NI WFU E SW O' LIN S REET k5 - 1 1 263.0 S a k' 1 # 9,141.0 E 2 HAWAI" A $ RS - 10 RS - 10 ML - 10 c R5-10 CG-20 RS-10 R5 - 10 lip C6 -20 40; i F54p RS-10 RS - 10 RS 10 ML -2 KEIIUA14AOA FU E 60 R W LINE STREET 1 k5. 10 R5-1 R -10 SINGLE FAMILY RESIDENTIAL (RS-10)- TO NEIGHBORHOOD COMMERCIAL (CN-20) Rs -10 AREA: 67,500 SQ.FT. z 1 O J Z O Q Y Ll Z k5 - I d ¢ R5 - I O j 145 - 10 g k5 - 10 _Z = g Y ML - 2 Y LElIANI STREET AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-10) TO NEIGHBORHOOD COMMERCIAL (CN-20) AT WAIAKEA, SOUTH HILO, HAWAII. PREPARED BY : PLANNING DEPARTMENT COUNTY OF HAWAII JANUARY 13, 2000 TMK 2-2-34:85 Ec 93 + CCeo.y~ K. Horo) EXHIBIT "A" OFFICE OF THE COUNTY CLERK County of Hawaii Hilo Hawaii (DRAFT 2)'-.. ROLL CALL VOTE n , AYIaS i.. ;i Np S ABS EX Introduced By: Bobby Jean Leithead-Todd Arakaki X Date Introduced: March 22, 2000 Chung X First Reading: March 22, 2000 Elarionoff X . Published: N/A Jacobson X Leithead-Todd X ! REMARKS: Pisicchio X Smith X Tyler X Yagong x 9 0 0 0 DRAFT 2 Second Reading: April 5, 2000 ROLL CALL VOTE To Mayor: April 12, 2000 AYES NOES ABS EX 0 Returned: April 13, 2000 Arakaki X Effective: April 13. 2000, Chung X Published: April 24, 2000 Elarionoff X ~ Jacobson X REMARKS. Leithead-Todd X Pisicchio X 1 Smith X 1 Tyler X Yagong x a 0 1 0 1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above- APPROVED AS TO AND LEG LITY: it ids/ D DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII ?CQUNCII CHAIRMAN Date 'C CLERK ApprovveedA9isspgQrered this t 3 day of 20 G~ U%!~N/2d Bill No,: 205 (Draft 2) 1 AYOR, COUNPYOFHAWAII Reference: C-657/PC-89 Ord. No.: 00 31 Harry Kim „ Christopher J. Yuen Mayor Dirennr Roy R. Takemoto Depury Director 611uldv of'nfu xii PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 - Hilo, Hawaii 96720-3043 (808) 961-8288 • Fax(808)961-8742 1 June 8, 2004 Mr. and Mrs. George Hara 51 Makaala Street Hilo, HI 96720 Dear Mr. and Mrs. Hara: Change of Zone Ordinance No. 00 31 (REZ 942) Applicant: George T. Hara and Adele T. Hara Request: Administrative Time Extension Tax Mau Key: 2-2-34: 85 & 93 i s Thank you for your letter dated May 20, 2004 requesting a time extension to comply with Condition B (construction timetable) of the above listed ordinance. 1 Condition K of Ordinance No. 00 31 states "An initial extension of time for the I performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, its successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be co itrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for the performance (i.e., a condition to be performed within one year may be extended for up to one additional year). a:) s 'r V2 MIBIT "B" i I i Mr. and Mrs. George Hara Page 2 June 8, 2004 5. If the applicants should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. The Planning Director has determined that non-performance is a result of conditions that could not have been foreseen and not a result of fault or negligence. Further the granting of an additional five (5) year extension of time would not be contrary to the General Plan or Zoning Code, nor the original reasons for granting the change of zone. Therefore, a five (5) year extension of time to comply with Condition B is granted until April 13, 2010. Please be informed, however, should you need an additional extension of time to comply with Condition B, your request and reasons, along with 20 copies of that request shall be forwarded to the Planning Commission with a $250 filing fee. A public hearing will be held by the Planning Commission, who will forward their recommendation to the County j Council. If you have any questions, please feel free to contact Jeff Darrow at 961-8288. Sincerely, CHRISTOPHER J. dIEN Planning Director JWD:smn 1 P:\WPWIN60\JEFF\Letters\Time Ext\LHara-TER-REZ942.doc r cc w/attach: Hawaii County Council Planning Commission j Hawaii County is an Equal Opportunity Provider and Employer EXHIBIT n,~rr All of that certain parcel of land (being all of the land(s) described in and covered by Land Patent Grant Number 8742 to John A. Lee) situate, lying and being at Waiakea, District of South Hilo, Island and County of Hawaii, State of Hawaii, being LOT 9, BLOCK 20, of "WAIAKEA HOUSELOTS", as shown on Govemmont Registered May No. 2566, First Land District, and thus bounded and described: Beginning at a galvanized iron spike and ahu at the southwest corner of this lot and the northwest corner of Lot 11, on the east side of MAnono Avenue, the coordinates of said point of beginning referred to ( Government Survey Triangulation Station •HALAI" being 1463.00 feet south and 9141,00 feet east as shown on Government Survey Registered Hap No, 2566, and running by true azimuths, 1. 180' 00' 100.00 feet along the east side of Manono Avenue to at galvanized iron spike and ahu; 2. 270' 00' 225.00 feet along Lot 7 to a galvanized iron spike and ahu; J 3, 360- 00' 100.00 loot along Lot 30 to a galvanized iron spike and ahu; a 4. 90, 00' 225.00 feet along Lot 11 to the point of beginning, and containing an area of 22,500 square feet, more or less. i BEING THE PREMISES ACGUIRBD By DEED - GRANTOR : YUTAKA TAKEGUCHI, husband of Chiyoko S. Takeguchi 3 GRANTEE YUTAKA TAKEGUCHI and CHIYOKO S. TAKEGUCHI, husband and wife, as Tenants by the Entirety DATED September 28, 1961 RECORDED Liber 4139 Page 269 i EX ,BIT "C„ n;+L/1N1:7akagnd,iC•Dcrd-PA:PCa: ~W ~7N3 r• .ea v ~••J ~~.111 l6.Gt0 ~ -CIO 3urr;a a0 y s~tsy M. - r,Y~ ~ ~ ~ r4'd~irav!! .pio5t?h,l/ ~ do ar 971.1 y tQp, O ot ~J/ r1~ 11(r tasorse X, Haar Trµsf. - sA ~y Aoff Is 7: APO" T"O - 3 '~•t za, Soo _ e1yo. vo Yafdko T,ak~v -pc6ti 6 r~kca Wa f fit{ Ghr aka S• /E ' .p Pv{ Ndney x .~za per'. 4 Charles K. M R ~w,,x- EfSuka 6 -7. d w'Z ` 16 4-at ~44*4 Y ° i?s~ $.Od . uwnr.w.r~w.r .r.....• a~+ ° cb ell I J t PLOT PLAN EXHIBIT "Du @ ( S6966E E:WV E69Z6 Lootj9 ti9 ueld sold ::o•L is SON1096MA400 swoN Fuiq 1S ONVNIH arln aiaaeeea F ~ I ~ I n_ IiJ I ~ z I s I j - z I I - ~ I C. - o j Q I I - z j I I u w 3 3 ra N I o I I I N I I U I O F I O w I I ~i$ I Ia Q O N ai$ ~Iq W Q ^ bl.~ Z o o L<Y ~I W o ~ Z ~m g a U) w i m i E J-J -.00-AM '1S ONONVW 1 El R 4 Z O s. \ L - Wo E A" W l IS ONVNIH Wl ALN3dOUd r I ~ NO etas I I I ~ I ~ I I I N a ~ i I ~ ~ I I I j I I ~ I ~ I h LL wl < CD < I~ ai y J s I q is o § I Q N ~ I ~ I ¢ w ~ c w r cc I I C N! j O j j i i i i i i Rs-I0 1a z Q N GN-20 j d I I -1 LLLLU I I TTM I I I I a MOV813S i I I __-__-_____-______.___.J 3NIl Aiua-io ld '1S ONONVW F §14.3.5.2: SOUTH HILO 14.3.5.2 SOUTH HILO 14.3.5.2.1 Profile One of the island's two major commercial centers is located in South Hilo. Hilo con- tains a downtown business district, several shopping center complexes, and neighbor- hood commercial facilities. The rural communities, primarily plantation settlements located along the coastal areas have limited commercial facilities. Commercial activity in Hilo is undergoing rapid change. Most of the recent commer- cial development serving the East Hawaii region has been concentrated in the Waiakea District and includes the Prince Kuhio Plaza and Waiakea Shopping Center complex- es. Other shopping areas include the Hilo Shopping Center, the Kaiko'o Mall and sur- rounding office developments, and the Downtown Hilo central business district. Downtown Hilo generally lacks adequate parking facilities and efficient traffic circu- lation. The physical condition of many buildings within Downtown Hilo is also poor, although there have been recent efforts to rehabilitate many of the buildings in the ar- ea. Some of these efforts include the rehabilitation of the Palace Theater, Kress Build- ing, S. Hata Building and the Toyama Building. Another effort to revitalize Downtown Hilo is seen in the establishment of the Kalakaua Park Heritage Corridor, that is part of the larger Hawaiian Heritage Corridor Program that seeks to preserve historic sites and buildings along transportation corridors. As detailed within the Downtown Hilo Redevelopment Plan, development of the Kalakaua Park Heritage Area would preserve and rehabilitate public and private structures of historical or ar- chitectural significance, reinforce the area's past and future function and image as an important civic area, and serve as an activity center for attracting both residents and tourists. Without continuing efforts for renewal, rehabilitation, and/or redevelopment, the downtown business district may further lose its competitive position. In addition, neighborhood shopping areas are located throughout the city. The largest of these are supermarket-variety store complexes in the Waiakea Homesteads area. These neighborhood shopping complexes, including KTA Super Stores and Sack-n- Save supermarkets, are located near one of the busiest intersections in the city and is part of the High Density Urban core of Hilo. Multiple ownership of contiguous properties has created problems which make order- ly development in any one area difficult. Incompatible land uses also create an unde- sirable climate for commercial development. Expansion of the University of Hawaii facilities and community will induce a need for commercial services in proximity to the campus. Under the University land use cate- gory, support commercial uses are permitted. SUPP. 1 (Ord. No. 06-153) Hawaii County General Plan : 14-27 EXHIBIT "E" §14.3.5.3: NORTH HILO 14.3.5.2.2 Courses of Action (a) Continue to pursue the rehabilitation, renewal, and redevelopment of downtown Hilo. Continual improvement of other existing commercial areas must also be assured. (b) Assistance to small businesses in obtaining loans and management education classes and manpower training programs shall be encouraged. (c) Controls that discourage speculation shall be established. (d) Appropriately located commercial zoned lands shall be allocated as the need arises. (e) Commercial zoned lands in proximity to the University of Hawaii at Hilo shall be allocated as the need arises. (f) Within the Waiakea Houselots "medium density" area, commercial develonment shall _be focused on the major streets Kekuanaoa, Piilani, Mano_nyand Lapi- kaula while the interior blocks should be zoned primarily for sing - and muW- Jamil{/YPC1APnYlA~ 11CP 14.3.5.3 9NORTH HILO 14.3.5.3.1 Profile Commercial development is limited in the North Hilo district. There are several small rural communities in the district that are primarily plantation settlements. Miscella- neous stores and services are found in Ninole, Papaaloa, Laupahoehoe, and Ookala. The majority of the commercial services are located in Laupahoehoe. As the facilities in North Hilo provide limited services, Hilo serves as the major shop- ping area for the residents of the district. Population in the district has been declining over the past thirty years, thus limiting the market for expansion of existing commercial facilities. 14.3.5.3.2 Courses of Action (a) Centralization of commercial activities in the Laupahoehoe-Papaaloa area shall be encouraged. (b) Appropriately zoned lands shall be allocated as the need arises. (c) Do not allow strip or spot commercial development on the highway outside of the primary commercial area. 14.3.5.4 HAMAKUA 14.3.5.4.1 Profile The town of Honokaa provides commercial and government services for the Hamakua district. Honokaa was once the second largest community on the island for several de- cades and has a high school, government offices, and numerous stores and services. 14-28: Hawaii County General Plan SUPP. 1 (Ord. No. 06-153) ADDRESSES OF SURROUNDING NEIGHBORS Copyright 5/12/2007 by Hawaii Information Service Oahu Assessed Values reflect tax year 2007. All other Assessed Values reflect tax year 2006. Search crlterla: TMK Taxke 3-2-2-34 PUBLIC RECORD DATA Taxkey Subdiv/Condo Tnr Address Owner/Lessee uds Sths Land area Liv area Las[ Sate Instr Price 3-2-2-34-9 Waiakea F 548 LEONG, ROLAND K a 6 1 10,000 sgft 1,030 12/18/2001 DEED $135,000 Houselots-1st Ser. HUALANI ST JOANN M K 1/2 3-2-2-34-10 Waiakea F 644 IMANAKA, KENNETH & 4 1 20,000 sqft 1,332 Houselots-1st Ser. MANONO ST EULALIA TR 3-2-2-34-11 Waiakea F 660 ROMERO, JOHN a APRIL 1 1 20,000 sgft 932 8/12/2003 DEED $1,001 Houselots-1st Ser. MANONO ST 3-2-2-34-12 Walakea F 680 TRIPP, RORY K/ETAL 4 1 20,000 sqft 1,246 8/11/2005 DEED $390,000 Houselots-1st Sec MANONO ST 3-2-2-34-13 Walakea F 700 HIRAYAMA OROS 3 2 20,000 sqft 1,408 6/24/2005 DEED $280,000 i Houselots-1st Sea MANONO ST ELECTRIC INC 3-2-2.34-14 Waiakea F 722 COLE, FRANK V 4 1 19,500 sqft 1,940 8/13/2002 DEED $115,000 ' Houselots-1st Ser. MANONO ST 1/2 3-2-2-34-15 Walakea F 738 HJC FOUNDATION 3 1 19,500 sgft 924 4/14/1998 DEED $100,000 Houselots-Ist Ser. MANONO ST 3-2-2-34-16 Walakea F 563 AIHARA,EMIKO 3 2 9,000 sgft 1,056 9/25/1981 DEED $60,000 Houselots-1st Ser, KEKUANAOA 1/2 ST 3-2-2-34-32 Waiakea F 600 HOKAMA,ISAMU 9 1 20,000 sgft 2,096 4/11/1980 DEED $125,000 Houselots-Ist Ser. MANONO ST TRUST/ETAL 3-2-2-34-33 Walakea F 593 YAMADA, ROYDEN/ETAL 6 1 22,500 sqft 808 Houselots-1st Ser. MANONO ST 3-2-2-34-38 Walakea F 495 HAWAII GOVERNMENT 22,500 sgft 3,920 3/2/1987 DEED $130,000 Houselots-1st Ser. MANONO ST EMP ASSN 3-2-2-34-48 Walakea F 615 OGATA,YOSHIAKI 2 1 10,100 sgft 660 1/3/1984DEED $45,000 Houselots-1st Ser. HUALANI ST 3-2-2-34-81 Walakea F 603 WUNG,ELAINE H 3 1 9,482 sqft 800 Houselots-1st Ser. MANONO ST 3-2-2-34-82 Walakea F 735 ' MARTIN,OLIVIA TR 5 1 9,678 sqft 990 y Houselots-Ist Ser. MANONO ST 3-2-2-34-83 Waiakea F 717 TAMOSH LLC 4 1 22,000 sgft 1,132 4/21/2004 DEED $134,500 Houselots-ist Ser. MANONO ST { 3-2-2-34-84 Walakea F 697 HARA, GEORGE K REVOC 4 1 22,500 sqft 1,479 10/31/2003 DEED $185,000 Houselots-1st Ser. MANONO STTR/ETAL 3-2-2-34-85 Walakea F 681 HARA,GEORGE K 5 1 1.03 ac 5,808 4/5/1979 DEED $130,000 Houselots-1st Ser. MANONO ST TRUST /ETAL 1/2 3-2-2-34-86 Waiakea F 663 REMMERS JR, WILLIAM W 22,500 sqft 0 Houselots-1st Ser. MANONO ST 3-2-2-34-87 Waiakea F 663 HILO ENGINEERING INC 11,580 sgft 0 10/9/1987DEED $60,000 Houselots-1st Ser. MANONO ST l a I i http://webrel.hawaiiinformation.com/REsearch/Base/Lib/ActionN4enuPrintModaLhtm 5/12/2007 3-2-2-34-88 Waiakea F 619 BEBB,SIMON 4 1 22,500 sqft 1,176 3/16/2000 DEED $80,000 Houselots-1st Ser. MANONO ST 3-2-2-34-89 Walakea F 620 NISHIMURA, DERRICK 5 2 11,500 sgft 1,918 12/28/2004 L $100 Houselots-1st Sec HUALANI ST F/ETAL 1/2 3-2-2-34-90 Waiakea F 548 KIMATA, MUTSUE T 5 1 22,500 sqft 2,202 Houselots-1st Ser. HINANO ST IRREVOC TR 3-2-2-34-91 Walakea F 556 HIROWATARI, DOROTHY 3 1 10,979 sqft 960 12/6/2006 QD $666 Houselots-1st Ser. HINANO ST S/ETAL 3-2-2-34-93 Waiakea F 576 HARA,GEORGEK 3 1 22,500 sgft 2,19612/15/1982 DEED $140,000 Houselots-1st Ser. HINANO ST TRUST /ETAL 3-2-2-34-94 Waiakea F 588 MARTIN,CHARLES 4 1 22,500 sqft 798 Houselots-1st Ser. HINANO ST K/ETSUKO Y 3-2-2-34-95 Waiakea F 594 SOARES,BERNARD A/RITA 8 3 12,474 sgft 3,072 3/21/1986DEED $60,000 Houselots-1st Ser. HINANO ST 1 3-2-2-34-100Waiakea F 456-B ISEMOTO CONTRACTING 3 1 70000 sgft 748 3/21/2003 DEED $138,000 j Houselots-1st Ser. PI"NI ST CO LTD 3-2-2-34-107 Waiakea F 604 IWC & ASSOCIATES 4 2 20,164 sgft 1,392 12/30/1996 QD $180,000 Houselots-1st Ser. HINANO ST 3-2-2-34-109 Walakea F 735 POUSIMA,SITIVENI/AILINE3 1 12,322 sgft 864 12/18/1992 DEED $632 Houselots-1st Ser. MANONO ST 3-2-2-34-110 Walakea F 594-B STRAIGHT,DAN H & 3 1 10,027 sqft 1,376 Houselots-1st Ser. HINANO ST PATRICIA 5 TR 1/2 3-2-2-34-113 Walakea F 556 HIROWATARI, DOROTHY 4 1 11,521 sgft 1,456 12/6/2006 QD $666 Houselots-1st Ser. HINANO ST S/ETAL 3-2-2-34-114 Walakea F MANONO TANI,PATRICK H TR 4 2 8,357 sgft 1,400 1/5/1993 DEED $28,021 Houselots-1st Ser. ST 3-2-2-34-116 Waiakea F 524 SETO, EMMETTE K/ETAL 3 1 12,400 sgft 1,058 7 Houselots-1st Ser. HINANO ST d 3-2-2-34-117 Walakea F 570 TOM OKANO 3 1 10,000 sgft 2,016 2/11/1985DEED $35,000 _I Houselots-1st Ser. HUALANI ST ENTERPRISES INC 1/2 3-2-2-34-118 Walakea F 603 WUNG,ELAINE H 3 1 10,125 sgft 641 Houselots-1st Ser. KEKUANAOA ST l This Information has been supplied by third parties and has not been independently verified by Hawaii Information Service and Is therefore not guaranteed. 7 i t 1 j http://webrel.hawaiiinformation.com/REsearch/Base/Lib/ActionMenuPrintModal.htm 5/12/2007 R" I S ~ dd Georgina Hera Chun AKA Gino Hera Chun RA Chris 8rilhante UC 57 A Hooka Road, Hilo, Hawail 96720 Telephone : {808) 936.3297 / Fax (808) 935-1313 hilodwn@howaBantel.net June 18, 2007 Ms. Maryanne Maigret Historic Preservation Division-Hawaii District' 74-383 Kealakehe Parkway Kailua-Kona, HI 96740 Dear Ms. Maigret: Subject: Request for "No Historic Properties Affected" Determination Waiakea House lots. Hilo. Hawaii. TMK: 2-2-84: As part of the permit submittal requirements, the County Planning Department is requesting either an archaeological inventory survey or a letter to your office requesting a "No Historic Properties Affected" determination. In this situation, on behalf of the applicant, DMS Investments LLLP, I am requesting such a determination of the subject property. Transmitted herewith for your review and processing is a rezoning application for 22,500 square feet of land. The subject site is located on the east side of Manono Street, approximately 260 feet north of its intersection with Kekuanaoa Street The Atebara Potato Chip Factory is located next to the subject site. Also subject site borders other CN2- properties on it's north and east side. The Hiravama and Tripp CN-20 properties are gene.-ally west across the street to the subject property. The applicant is proposing a multi use facility of said property TMK 2-2-34-84 and CN-20 adjoining properties: TMK 2-2-34:85 and 93. It is the applicant's intention to complete original approved plans of April 13, 2000 to build a commercial complex with parking in open spaces. Once rezoning is approved, it is the applicant's intention to consolidate all three lot's under one tax key in order to better maximize available space for retail and parking space. Please note that the subject site has been recently cleared and lot is vacant I am enclosing a copy of the site and related plans and excerpts of the planning and environmental report for your information. I trust that the information is sufficient for you to make such a determination. Alternatively, if you need more information or have questions on this matter, please feel free to contact me. Mahalo Nui Loa, Gear a Geor a A. H. Chun AKA Gina Hara Chun (RA) Chris Brilhante LLC DMS Representative Enclosure: Copy- DMS Investments LLLP 10Dfv ~ ~~l) ft~D OVMtY or N,~1 ~Bobby Jean Leithead-Todd Harry Kim . Director Mayor -oi'M~~'`, Nelson Ho Deputy Director ~II~Ittf~1 II~ ~ttilT~it~t DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo, Hawaii 96720 (808) 961-8083 Fax (808) 961-8086 http://co.hawaii.hi.us/directory/dir envmne.htm MEMORANDUM Date : September 17, 2007 To : CHRISTOPHER YUEN, Planning Director From: BOBBY JEAN LEITHEAD-TODD, Director Subject: Change of Zone Application (REZ 07-000072) Applicant: DMS Investments Request: RS-10 to CN-20 TMK: 2-2-34:84 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: WASTEWATER COMMENTS: (x) 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: y Q TECHNICAL SERVICES COMMENTS: y ams A SOLID WASTE COMMENTS:F FG~'•. ( ) No comments (-d ) Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. ( kA) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. (jt<} Ample and equal room should be provided for rubbish and recycling. Greenwaste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. ()!,q) Construction and demolition waste is prohibited at all County Transfer Stations. PC1 Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the departMaNhing Dept. current status. ( ) Other: Fxhibit,.,.2..- cc: SWD, TSS, WWD ~~s 7 0 R County of Hawaii is an Equal Opportunity Provider and Employer. Bobby Jean Leithead-Todd blw%4 Director Harry Kim Mayor Nelson Ho 'ei•~ Deputy Director ~1 1UUfV of afUaT`T DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aulmni Street • Hilo, Hawari 96720-4252 (808) 961-8083 . Fax (808) 961-8086 September 14, 2007 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. If you have need additional information, please contact Michael Dworsky, P.E., Solid Waste Division Chief at 808-961-8515. CONCUR: x 7--W-4e Bobby Jean Leithead-Todd DIRECTOR 10/13/03 Revised 09/14/07 Hawai'i County is an Equal Opportunity Provider and Employer. 40JN,I OF Fl q~'Fi Harry Kim y~;,•• Lawrence K. Mahuna Mayor Police Chief Harry S. Kubojiri DepuryPolice Chief County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street • Hilo, Hawaii 96720-3998 (808) 935-3311 Fax (808) 961-8869 September 24, 2007 TO HRISTOPHkR J. YUEN, PLANNING DIRECTOR m.i POLICE CHIEF FROM rREA S MI DL I OPERATIONS BUREAU SUBJECT: CHANGE OF ZONE APPLICATION (REZ 07-000072) APPLICANT: DMS INVESTMENTS REQUEST: RS-10 TO CN-20 TAX MAP KEY: 2-2-34:84 Staff, upon reviewing the provided documents and visiting the proposed site, does not anticipate any significant impact to traffic and/or public safety concerns. Thank you for allowing us the opportunity to comment. KV:Ili 033755 Planning Dept. "Hawai'i County is an Equal Opportunity Provider and Employer" Exhibit 13 Voil Or ,tqw Harry Kim Darryl J. Oliveira Mayor - Flee Chief o r Glen P. I. Honda "r. or xB Deputy Fire Chief Countp of 'abmi`i FIRE DEPARTMENT 25 Aupuni Street . Suite 103 . Hilo, Hawaii 96720 (808) 981-8394 . Fax(808)981-2037 September 18, 2007 TO: CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM: DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ 07-000072) APPLICANT: DMS INVESTMENTS REQUEST: RS-10 TO CN-20 TAX MAP KEY: 2-2-34:84 In regards to the above-mentioned Change of Zone application, the following shall be in accordance: Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "See. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. "2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b). Planning NO. Exhibit 03359% Hawaii County is an Equal Opportunity Provider and Employer. I Christopher J. Yuen September 18, 2007 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 unpaired. "More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high-piled combustible storage, see Section 81.109. "(c) Width. The unobstructed width of a fire apparatus access road shall meet the requirements of the appropriate county jurisdiction. "(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. "EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. "(e) Permissible Modifications. Vertical clearances or widths required by this section may be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. "(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all- weather driving capabilities." (20 tons) "(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. "(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using designed live loading sufficient to carry the imposed loads of fire apparatus. "(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15%) Christopher I Yuen September 18, 2007 Page 3 "(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. "(1) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both." Water supply shall be in accordance with UFC Section 10.301(c): "(c) Water Supply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed, in accordance with the respective county water requirements. There shall be provided, when required by the chief, on-site fire hydrants and mains capable of supplying the required fire flow. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. "The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207. IAth&LIVEIRA Fire Chief PBE:lpc t E.~••'~.:V9 I.,UJRA tl. t'HIfLLN LINDA LINGLg a~.'\ °RO\v aumvFlesoo• GOVERNOR OF WUVNI h( Lp IIII1.PLauUAW N.1110" IINLT:F\1'FII5\ 1 t ,1 'rl\I\IISdI :TI IF 1.1110" ULR.~ Tk and and oE~ Nary dim"[a.piW e a9 ' F STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION Srare ofNz.•ra° POST OFFICE BOX 621 HONOLULU, HAWAII 96809 September 18, 2007 County of Hawaii Planning Department 101 Pauahi Street Suite 3 Hilo, Hawaii 96720 Attention: Mr. Norman Hayashi Gentlemen: Subject: Change of Zone Application (REZ 07-000072) for DMS Investments, Hilo, Hawaii, Tax Map Key: (3) 2-2-34:84 Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources has no comment to offer on the subject matter. Should you have any questions, please feel free to call our office at 587-0433. Thank you. Sincerely, Russell Y. Tsuji Administrator ®33€;`0 Planning Dept. Exhibit LINDA LINGLE CHIYOME L. FLIKINO, M.D. GOVERNOR Director of Healy 4 ~959~~i r' - &a`gsoo:or~ STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: September 17, 2007 TO: Christopher J. Yuen Planning Director, County of Hawaii FROM: Newton Inouye Acting District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 07-000072) Applicant: DMS Investments Request: RS-10 to CN-20 TMK: 2-2-34:84 We recommend that you review all of the Standard Comments on our website: www.state.hi.us/health/enviromnental/env-planning/landuse/landuse.html. Any comments specifically applicable to this project should be adhered to. Underground Injection Systems (Ph. 586-4258) which receive wastewater or storm runoffs from the proposed development need to address the requirements of Chapter 23, Hawaii State Department of Health Administrative Rules, Title 11, "Underground Injection Control." Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." 1. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. 2. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. Planning Dept. Exhibit 43358A Christopher J. Yuen Page 2 of 2 September 17, 2007 3. 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 07-000072.at RDWInvest-REZ07-072-jwd 10-08-07 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION DMS INVESTMENTS, LLLP CHANGE OF ZONE APPLICATION (REZ 07-000072) Upon careful review of the request, the Planning Director recommends that a favorable recommendation of the Change of Zone request be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting the change of zone for 22,500 square feet of land from a Single Family Residential -10,000 square feet (RS-10) to a Neighborhood Commercial - 20,000 square feet (CN-20) district. The applicant is proposing to consolidate three parcels owned by the applicant (TMK: 2-2-34: 84, 85 & 93) into one parcel and develop a 2-phase project, which will include 2 two-story commercial buildings for small-scale retail uses and office space. There will be on-site parking provided and access is proposed from both Manano Street and Hinano Street. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County, but ultimately, on the future development of the whole island. The proposed change of zone request from RS-10 to CN-20 would further the County's goals of providing an economic environment which allows new or existing businesses to expand and diversify the County's economic base, and also increase choice of occupations. The proposed use would be consistent with the following goals, policies and standards of the Economic, Land Use and Commercial Elements of the General Plan. Economic Element: • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. • Economic development and improvement shall be in balance with the physical, social and cultural environments of the island of Hawaii. • Strive for diversity and stability in its economic system. • Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. • Strive for an economic climate that provides its residents an opportunity for choice of occupation. • Strive for diversification of the economy by strengthening existing industries and attracting new endeavors. The applicant will be providing residents who live in this area of South Hilo with more opportunities for commercial services and employment. Land Use Element: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Zone urban- and rural-types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access and public need. Commercial Element: • Provide for commercial developments that maximize convenience to users. • Distribution of commercial areas shall meet the demands of neighborhood, -2- community and regional needs. • The development of commercial facilities should be designed to fit into the locale with minimal intrusion while providing the desired services. Appropriate infrastructure and design concerns shall be incorporated into the review of such developments. The proposed change of zone is located in an area designated in the General Plan to allow neighborhood commercial zoning and village commercial uses. The proposed change of zone compliments the projected commercial needs of residents within this vicinity of South Hilo. Additionally, within the General Plan a Course of Action for commercial development within the South Hilo District recommends that "Within the Waiakea Houselots "medium density" area, commercial development shall be focused on the major streets ---Kekuanaoa, Piilani, Manono, and Lanikaula, while the interior blocks should be zoned primarily for single- and multifamily residential use." This request is consistent with this course of action as the proposed change of zone to commercial is located on Manono Street within the Waiakea Houselots "medium density" area. This area of the Waiakea Houselots is in transition from residential to commercial uses. The proposed rezoning action conforms to the LUPAG Map which designates the area for Medium Density Urban Development. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan represents the document's goals, policies, standards and courses of action to guide the coordinated growth and development of the County. It reflects a graphic depiction of the spatial relationships among various land uses and the expressed policy statements of the document itself. The LUPAG Map, in essence, establishes the basic land use pattern for areas within the County. This area is designated as Medium Density Urban, which may allow village and neighborhood commercial and single family and multiple family residential and related functions (multiply family residential - up to 35 units per acre). The proposed site would be suitable and allow for Neighborhood Commercial uses. The applicant is requesting the change of zone to allow commercial uses on the property. The -3- rezoning reclassification would be a reasonable expansion of commercial activities associated with this designation and the existing commercial uses in the area. The property is situated within close proximity to commercial areas, employment centers and public safety services. There are several commercial and employment centers located within one or two miles from the subject property. These include the Waiakea Center, the Prince Kuhio Mall, Hilo Shopping Center and businesses along E. Lanikaula Street, Kawili Street, Makaala Street, Holomua Street, Wiwoole Street, Manono Street and Piilani Street. Public safety services within the area include the Hilo Central Fire Station located on Kinoole Street, the Police Headquarters located on Kapiolani Street, and the Hilo Medical Center located approximately 3 miles from the property. Surrounding properties are zoned RS-10 and CN-20. Uses consist of vacant lots, existing single family dwellings and several businesses. The nearest dwelling is on the adjacent property to the south, which is also the location of the Atebara Potato Chip Factory. On the adjacent property to the north and east are two properties zoned CN-20, which are owned by the applicant. Further north are single-family dwellings and the commercial area on the comer of Manono Street and Piilani Street, which includes Manono Mini Mart and Freddy's Restaurant. Further east across Hinano Street is Big Island Candies on property zoned CG-20. To the west across Mariano Street are two properties that were recently rezoned to CN-20. The applicants were Kathy Tripp and the Hirayama Brothers. The proposed change of zone would, therefore, complement the existing commercial land uses, be consistent with the transition from residential to commercial occurring in the immediate vicinity and provide for an orderly commercial development of the area. The property is located within an area adequately served with essential services and facilities such as water, sewer, transportation systems and other utilities. County water and the County's sewer system is available to the property. The applicant will be required to prepare a Solid Waste Management Plan and submit it to the -4- Department of Environmental Management for its review and approval. All other essential utilities and services are available to the property. As the request is a change from a Residential (RS-10) zoned district to a Commercial (CN-20) zoned district, various requirements are being imposed in order to bring the existing infrastructure up to commercial standards. A paved driveway and parking area shall be installed for the commercial uses. Further, to mitigate any potential noise and visual impacts to adjacent neighbors, a landscaping buffer shall be provided in accordance with the Planning Department's Rule 17 and Plan Approval requirements. This mitigation measure will ensure that any proposed commercial uses fit into the locale with minimal intrusion while providing the desired services. Existing access to the property is from Manono Street, which has a 50-foot wide right-of-way with 20 to 22-foot wide pavement and paved shoulders. According to the City of Hilo Zone Map, Manono Street is proposed to be increased to a 60-foot wide right-of-way and, therefore, the applicant will be required to provide a 5-foot wide future road-widening strip along the Manono Street frontage of the property. The applicant will be required to provide full improvements to the entire frontage along Manono Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation. Additionally, the applicant will be limited to access Manono Street from a single location. As a result of the proposed new roadway improvements, any increase in traffic at the site generated by commercial uses can be accommodated. The property has no severe topographic or geologic problems which cannot be properly rectified or which would render the land unusable for the proposed use. The property is classified as Zone X, areas determined to be outside the 500-year flood plain. The property is also located outside of the tsunami inundation area. The Waiakea Houselots has been in urban development since the 1960's. -5- The subject development is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coast Zone Management Area. The property is located more than one-half mile from the nearest coastline. The proposed development will not adversely impact recreational resources, including access to and along the shoreline or to mountain areas, scenic and open space vistas, visual resources to the shoreline, coastal ecosystems and marine ecosystems. Finally, because the property and surrounding areas have been extensively altered by urban development, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the property, nor has the property been identified as a significant botanical or biological habitat. In addition, it is also not anticipated that the proposed development will have any adverse impact on archaeological, cultural or historical resources. Thus, it is also not anticipated that the proposed request will have any adverse impact on archaeological, cultural or historical resources in the area. Based on the above findings, approval of this change of zone request from Single Family Residential (RS-10) to Neighborhood Commercial (CN-20) zoned district would result in an appropriate land use pattern that will further the necessity, convenience and welfare of the general public. 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. -6- ~OM,V OF x i COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL 10,000 SQUARE FEET (RS-10) TO NEIGHBORHOOD COMMERCIAL 20,000 SQUARE FEET (CN-20) AT WAIA. EA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-034:084. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be Neighborhood Commercial 20,000 square feet (CN-20): Beginning at a galvanized iron spike and ahu at the southwest comer of this lot and the northwest comer of Lot 11, on the east side of Manono Avenue, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAP' being 1463.00 feet south and 9141.00 feet east as shown on Government Survey Registered Map No. 2566, and running by true azimuths: 1. 180° 00' 100.00 feet along the east side of Manono Avenue to a galvanized iron spike and ahu; 2. 270° 00' 225.00 feet along Lot 7 to a galvanized iron spike and ahu; 3. 360° 00' 100.00 feet along Lot 10 to a galvanized iron spike and ahu; -1- 4. 90° 00, 225.00 feet along Lot 11 to the point of beginning, and containing an area of 22,500 square feet, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- RS-7. RS-7.5 RS-10 V-.75 RS-10 RS-10 RS-10 RS-10 HUALANI ST RS- 0 R -10 SINGLE FAMIL RESIDENTIAL 10,000-SQUA E FEET (RS-10) TO NEIGHBORH OD COMMERCIAL 22,500 SQ. FT. RS-10 RS- 0 CN-20 CM-20 RS-10 CG-20 V-.75 o CC-20 N RS- 0 o CN•20 1463.00 S W & 9141.00 E R 10 "HALAIA R 10 CN-10 S CG 20 CN•7.5 RS 0 RS 10 RS-10 RS-10 :CG 20 KEKUANAOA ST RD-3.75 R 10 s r z ML-20 z R 10 0 RS-10 y ~ RD 75 RS-10 240 120 0 240 480 720 960 1 200 Feet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL 10,000-SQUARE FEET (RS-10) TO NEIGHBORHOOD COMMERCIAL 20,000-SQUARE FEET (CN-20) AT WAIAKEA, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII MK: 2-2-034:084 Date: September 12, 2007 EXHIBIT "A" (DMS Investments, LLLP:1236) CDMSInvest-REZ07-072-jwd 10-08-07 DMS INVESTMENTS, LLLP CHANGE OF ZONE APPLICATION (REZ 07-000072) CONDITIONS OF APPROVAL A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Tax Map Keys 2-2-34: 84, 85 and 93 shall be consolidated within one (1) year from the effective date of this ordinance. C. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with the "Water Commitment Guidelines Policy" within 180 days from the effective date of this ordinance. D. 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. Landscaping shall be indicated on the plans for the purpose of mitigating any potential adverse noise or visual impacts to adjoining parcels. Landscaping shall be provided in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements) standards for CN zones adjoining a RS zone. E. Access to Manono Street shall be limited to a single location. All driveway connections to Manono Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. F. A 5-foot wide future road-widening strip along Manono Street shall be delineated on the plans submitted for Plan Approval review. The 5-foot future road widening section and roadway improvements along Manono Street shall be subdivided and dedicated to the County of Hawaii within five (5) years from the effective date of this ordinance. G. The applicant shall provide full improvements to the entire frontage along Manono Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting with the approval of the Department of Public Works. Improvements shall be located within the future road-widening setback as established by the Planning Department and be completed within five (5) years from the effective date of this ordinance. H. The applicant shall also install street lights and traffic controls as required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. All of the roadway improvements to Manono Street shall be completed prior to a Certificate of Occupancy. I. All parking shall be on-site. J. The height limit shall be 35 feet as allowed in the Single-Family Residential (RS) district. K. 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 by a licensed civil engineer and submitted to the Department of Public Works prior to issuance of a construction permit. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy. L. 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. M. If the applicant, successors, or assigns develop residential units on the subject property, 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 determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the -2- effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a combined value of $7,043.62 per multiple family residential unit ($10,976.69 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 unit) shall be allocated as follows: 1. $3,474.42 per multiple family residential unit ($5,293.15 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. $109.81 per multiple family residential unit ($255.34 per single family residential unit) to the County to support police facilities; 3. $337.78 per multiple family residential unit ($504.33 per single family residential unit) to the County to support fire facilities; 4. $150.55 per multiple family residential unit ($220.80 per single family residential unit) to the County to support solid waste facilities; and 5. $2,971.05 per multiple family residential unit ($4,703.06 per single family residential unit) to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. -3- O. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, if applicable, 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 prior to final plan approval. P. An Emergency Response Plan shall be submitted to the Hawaii County Civil Defense Agency for review and approval prior to the issuance of a Certificate of Occupancy. Q. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. R. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of enactment of the ordinance. The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required. S. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). -4- 5. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the Planning Commission and County Council for appropriate action. T. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation. -5-