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HomeMy WebLinkAboutBIL 321 Draft 01 2006-2008COUNTY OF HAWAII BILL NO. 321 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 GENERAL COMMERCIAL - 10,000 SQUARE FEET (CG-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-025:011. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be General Commercial - 10,000 square feet (CG-10): STATE OF HAWAII Beginning at the Northwest corner of this parcel of land on the Southeasterly side of Kilauea Avenue Road the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 3,579.77 feet South and 7,234.64 feet East and running by azimuths measured clockwise from True South: 1. 238°' 10' 89.53 feet along the Southeasterly side of Lanikaula Street; 2. 289° 08' 3. 340° 06' 46.61 51.62 Thence along Kilauea Avenue on a curve to the right with a radius of 30.00 feet, the chord azimuth and distance being; feet; feet along the Westerly side of Kilauea Avenue; -1- 4. 58° 10' 108.20 feet along Lot 7, Block 102, of the Waiakea House Lots, 2"d Series, Grant 9041 to Sarah K. White; 5. 148° 10' 86.70 feet along Parce127 being a portion of Lot 8, Block 102 of the Waiakea House Lots, 2"a Series and a portion of Grant 9406 to Mrs. Annie N. Macomber to the point of beginning. and containing an area of 9,886 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 maybe adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, and a water commitment deposit in accordance with the "Water Commitment Guidelines Policy" to the Department of Water Supply within 180 days from the effective date of this ordinance. C. Conversion of the existing cottage to office uses shall be completed within five (5) years from the effective date of this ordinance. Prior to conversion and/or construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with -2- Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structures, paved driveway access and paved parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements) and Chapter 25 (Zoning Code), Hawaii County Code. D. The proposed business shall be limited to the existing cottage. If necessary, the cottage shall be replaced by a structure of no more than 1,000 square feet in size and of similar character. E. The applicant shall provide improvements to the entire frontage of Lanikaula 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 Americans with Disability Act (ADA) and the approval of the Department of Public Works. All improvements to Kilauea Avenue and Lanikaula Street shall be completed prior to a Certificate of Occupancy. F. To preserve adequate vehicle sight distance at the intersection of Kilauea Avenue and Lanikaula Street, the existing wall and shrubbery shall be removed and cut to a maximum height of three feet from the roadway elevation at the corner of Kilauea Avenue and Lanikaula Street. The portion of the rock wall within the Lanikaula Street right-of--way as shown on the survey map dated February 9, 2008 shall be removed or relocated into the property. G. No access shall be allowed from Kilauea Avenue. Access to the property from Lanikaula Street shall be limited to the extreme limits of the property, away from the Kilauea Street/Lanikaula Street intersection, and meeting with the approval of the Department of Public Works. All driveway connections shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. H. Install street lights and traffic controls as required by the Traffic Division, Department of Public Works. I. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works. The recommended drainage improvements shall be constructed, meeting with the approval of the Department of Public Works, prior to the receipt of a Certificate of Occupancy. J. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. -3- K. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy. L. If the applicant, successors, or assigns develops 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 maybe adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a 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 shall be allocated as follows: $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 -4- Director, upon consultation with the appropriate agencies and approval of the County Council. M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exaction or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. N. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to final plan approval. O. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. P. An initial extension of time for the performance of conditions within the ordinance maybe granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or 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 maybe extended for up to one additional year). 5. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. 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- 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 B COUNCIL ME BER, COUNTY AWAI`I Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: R~E88~lCE~ 1220 _ -6- KAMANA ST ~~ ~1s cG R 'mss '~s R LONG S7 ~ ~ s a ~? °~~s a cc ~o '~ cc m ~s c,~ 0 ~ cc~ Rs~ 0 0 s ~~?o ~~~ y o 1 cc ~ o c cc~o ,o c ,'o ~?o ply W LANIKAULA ST ~p R C,y s'y ~o SINGLE- LY S TIA 0 '~ SQUARE FEE TO GENERAL COMMER 0 00 ARE EET C •10 ~'~, 9,886 SQ. FT. c{. ?o OLONA ST R 'moo Fl,~ .~ s,~ 0 Opp ti R~~ .......................___ _...... Rs ~o .Q ~~O '11,~ c o c 'Q~i ~~O r0 '1=?p ~S W KAWILI ST y E KAWILI ST 0 335 670 1,340 2,010 2,680 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 GENERAL COMMERCIAL 10,000 SQUARE FEET (CG-10) AT WAIAKEA, SOUTH HILO, HAWAII MAP PREPARED BY• MK: 2-2-025:011 COUNTY OF HAWAII PLANNING DEPARTMENT DATE: March 18 200 c,, c~?o cG~o s~ •s G ?,y.: . R ~c,~ ~o Rs~o cy'o c~ ?o ~t EXHIBIT "A" (Freditas G. Udani:1243) BUdazuREZ.doo-SlB/08 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT FREDITAS UDANI CHANGE OF ZONE APPLICATION (REZ 08-0000761 FREDITAS UDANI has submitted an application for a Change of Zone from Single Family Residential 10,000 square feet (RS-10) to General Commercial 10,000 square feet (CG- 10) for approximately 9,886 square feet of land. The property is located on the southwest corner of the Kilauea Avenue - Lanikaula Street intersection, Waiakea, South Hilo, Hawaii, TMK: 2-2- 25: 011. REQUEST 1. Proposed Action: Change of Zone from RS-10 to CG-10 to relocate an insurance office to the site. The applicant prefers to own rather than rent an office, and be more readily accessible and convenient for her clients residing in the immediate surrounding areas. The applicant proposes to convert an existing structure into an office at a cost of approximately $50,000. Initially, there will be two employees. (Exhibit 1-Change of Zone application) 2. Landowner: Freditas Guillermo Uditas. STATE AND COUNTY PLANS 3. State Land Use Designation: Urban. 4. County Zoning: RS-10. 5. GP LUPAG Map: High Density Urban. The project area was redesignated from Medium Density Urban to High Density Urban during the 1989 General Plan update. b. Hilo Community Development Plan: The Hilo CDP adopted by the Planning Commission by Resolution No. 1 on May 21, 1975 identifies the area as RM-4. 7. Coastal Zone Management, Chapter 205A, HRS: The entire State of Hawaii lies within the Coastal Zone Management Area. 8. Special Management Area (SMA): The SMA is a part of the Coastal Zone Management Program and regulated by the County. The property is located over two miles from the nearest shoreline and not situated within the Special Management Area. ATTACH: C-1320 B-321 DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA 9. Subject Property: The property is a fully developed pazcel located on the southwest corner of Lanikaula Street and Kilauea Avenue. There is an approximately 50-yeaz old, 2,27b-squaze foot single-family dwelling and a cottage on the site. The dwelling will be retained for residential use while the cottage will be converted for office uses. The property is landscaped with a rock wall around the property's frontages on Lanikaula Street and Kilauea Avenue. 10. Surrounding Zoning/Land Uses: Surrounding properties aze zoned CG-10 to the north (site of Subway and vazious restaurants), CG-20 diagonally across the project site (Lanikaula Professional Center), and Open (State Forestry facility across Kilauea Avenue to the east. The adjacent property to the south is zoned RS-10 and improved with a single-family dwelling. There aze various commercial establishments on Kilauea Avenue north of the project site. 11. Land Study Bureau's Productivity Rating: Unclassified. 12. Noise: Existing ambient noise includes primarily vehiculaz traffic in the project azea. 13. U.S.D.A. Soil Type: OID, Olaa extremely stony silty clay loam. Permeability is rapid, runoff is slow, and the erosion hazard is slight. 14. FIRM: Zone "X", azeas determined to be outside the 500-yeaz flood plain. 15. Coastal Hazards: The property is not proximate to the shoreline, is not an oceanfront parcel, and will not affect, or be affected by shoreline processes. 16. Visual Resources: The proposed project will not affect the line-of--sight toward the ocean. 17. Recreational Resources: The proposed development will not reduce the size of the coastline or other azeas used for public recreational uses. 18. FloralFauna Resources: No formal flora/fauna study was submitted as the project site and surrounding azeas aze improved. 19. ArchaeologicaUCultural Resources: As the property is fully improved, no azchaeological study was submitted. By letter dated Mazch 10, 2008, the applicant requested a letter of "no effect" from the State DLNR Historic Preservation Division. By letter dated Mazch 24, 2008, the DLNR HPD responded that no historic properties will be -2- affected by the proposal. 20. Traffic: The applicant states that "the proposed change of zone will not have a long range impact to traffic in the area." 21. Public Access: None that traverses the property. PUBLIC UTILITIES AND SERVICES 22. Access: Access to the site is from Lanikaula Street, a County roadway with a pavement width of approximately 20 feet within a 60-foot right-of--way. The property also fronts Kilauea Avenue, a County roadway with a 60-foot right-of--way. The City of Hilo Zone Map designates a 10-foot wide future road widening setback along the property's Kilauea Avenue frontage to an 80-foot right-of--way. 23. Water: County water is available to the site. 24. Wastewater: The property is connected to the County sewer system. 25. Solid Waste: Solid waste will be handled by commercial haulers. 26. Essential Utilities and Services: All essential utilities and services are available to the site. Police services are available at the main station on Kapiolani Street, and fire protections services are available at the Hilo Central Fire Station on Kinoole Street. AGENCIES' COMMENTS 27. Department of Public Works: Exhibit 2 - April 15, 2008 memo 28. Police Department: Exhibit 3 -April 1, 2008 memo 29. Fire Department: Exhibit 4 -March 27, 2008 memo 30. Department of Water Supply: Exhibit 5 -April i4, 2008 memo 31. Department of Environmental Management: Exhibit 6 -March 20, 2008 memo 32. DLNR Historic Preservation Division: Exhibit 7 -March 24, 2008 memo 33. DLNR Land Division: Exhibit 8 -March 25, 2008 memo 34. Department of Health: Exhibit 9 -March 27, 2008 memo PUBLIC COMN~NTS 35. Exhibit 10: • March 23, 2008 letter from Bruce A. Hansen • March 26, 2008 letter from Katherine Violet Nathaniel and applicant's response letter dated April 28, 2008 -3- CHANGE OF ZONE APPLICATION COUNTS OF HAWAII PLANNING DEPARTMENT (Type or legibly print the. requested information).. ~~08" 1tii~R ~ ~ p~ ? ? ~~ APPLICANT: APPLICANT'S SIGNA' ADDRESS: TE• ~ ~ /a -©~r LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (Res.) (Fax) LANDOWNER(S): LANDOWNER SIGNA' LANDOWNER(S) ADDRESS: letter) DATE: ~3- /~ - F18 REQUEST: Singe Family Residential.~RS-10) TO General Commercial (CG-101 (Existing zoning) (Proposed Zoning} TAX MAP KEY: (3) 2-2-25.01 l STREET ADDRESS OF PROPERTY: 1510 Kilauea Ave, Hilo, HI 96720 SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 9 886 sq~t AGENT: ADDRESS: TELEPHONE:(Bus.) 808-935-1948 _ __ (Res.) 808-934-0206 (Fax) 808-969-9830 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: COPIES: EXHIBIT !4TTACi~1E'NT - - -- - - i'ua~iNiN~ DF:{'ARTMENT Residential Rezoni ~ ~g ~DtJNTY OF HAWgH PLANNING QEPARTNiENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? NO If mss, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? N~A b. Into what lot sizes? gip, 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? ~ A d. Do you intend to build houses on the newly created lots? NO If yes, please answer the following questions: On how many of those lots? NIA At what approximate price range? House NIA Lots N I A Total N I A Approximately how long, after approval of the subdivision, would the first house be available for occupancy? NIA If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. if you have na firm plans of subdi~siding the subject area; do you intend toe ao Sell or lease the land to someone who~has'firm plans? No b. Sell or lease the land to someone who has tentative No plans? '~ c. Sell or lease the land to someone who has no plans? No d. Keep it? YES e. Other (please state) f. If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. NOT APPLICABLE 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? NIA How? 4. 'Are there any buildings on the subject area? YES - If so, what kind? A two story residential building and a cottage What do you intend to do with those buildings if your request is approved? Main house will remain residential and renovate and convert the cottage into general offices _2.. 5~ Is tt~~e subject land currently being used r"or any ~~r1Ct11tUro~l ~Ctl.vltl Ly? NO If so, please list the kinds of products gro~rm and on hour many square feet or acres of land per product. 6. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No if so, please describe the problem. 7. Do you think that the roads leading to the subject area needs improvement? NO If so, what kind? Is the road adequate for the proposed traffic volume or load? YES 8. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes a. Schools b. Roads c . Sewer d. Drainage e. Police Protection No X X X X X -3- ~'eS f dJ f. Fire Protection x g. Recreational Facilities x h. Public Utilities x i. Other x For those checked ~~yes,~~ please elaborate what type or kinds of improvements and/or assistance are needed. Signatur~~r~ ~ ` Address: ~~ I 96720 Telephone: 808-935-1948 Cell 808895-2398 Date: ~ ~ j0 ~ ©~ _t~.. G337A/50f~, LQQB ~~R ~ ~' ~~ ~A~~GROUND & COUNTY ENVIRONMENTAL REPORT j'~(V(Vi~IC=a ~~:~ !~,~~rMachment to Change of Zone, Project District, and flUNTY Ur HAWq~~ Agricultural Project District Applications) APPLICANT: Freditas G. Udani REQUEST: From Single-Family Residential (RS-10) TO General Commercial (CG-10) TAX MAP KEY (3) 2-2-25:011 A. SUBJECT REQUEST 1.Details of Proposed ~Use/Development a) Project Description -the Applicant is respectfully requesting a CHANGE of ZONE for 9,886 sq. ft. of land from aSingle-Family-Residential (RS-10) to General Commercial (CG-10). The subject property is located at southwest corner of Kilauea Avenue and Lanikaula Street. In front of the property at Lanikaula St., aze commercial establishments such as Subway, Soontazees Restaurant, Chengs Filipino Food, H&K Lunch Shop and Akamal Restaurant; at the Kilauea Avenue side. are the offices of the Department of Agriculture; and at the adjacent side of the property aze residential houses. The sidewalk and the driveway will. be upgraded in accordance with the existing commercial standards along the entire Kilauea and Lanikaula frontages. b) Statement of Objectives and Reasons for the Request: The applicant, who is an insurance agent, presently rented an office fronting Kawili Street. While the present site is acceptable, the applicant wants to own rather than rent her office. Additionally she wanted to be closer to many of her clients, many of whom live in the growing residential subdivisions in the southwestern sector of Hilo. At the same time, because of the good road network system in this area, the site is reasonably accessible by cars, making it quite convenient and accessible to many of clients living in the Waiakea and immediate surrounding areas. Finally,, because of the nature of her clients, the applicant believes that a residential setting would be appropriate. While providing needed service, the requested use would~not significantly disrupt the existing neighborhood. The applicant believes that the subject site would be consistent with her objectives, while fulfilling the County's land use policy. c) Number of Acres/Square feet, 9,886 sq. ft. d) Proposed units/lots/floor area of proposed building envelope ;The existing residential building will remain as is in terms of floor area. e) Timeframe and Cost :Once approved, the Applicant will immediately convert the present residential setting of the house into an office with an estimated cost of $50,000 f) Membership size/no. of employees and clients :Initially, there will be two (2) employees, while the number of clients visiting the office is immaterial in the insurance business. g) Parking arrangement : A parking space for the handicapped will be provided, parking space for the employees (2), and the remaining available parking spaces will be for clients and guests. h) Traffic impacts (assessment of existing traffic conditions, anticipated increase in traffic and traffic impacts from proposed use). The proposed change of zone will not have a long range impact to traffic in the area i) Other related information : The subject. property is the only one in the four corners of the intersection of Kilauea Avenue and Lanikaula Street that remains residential. All the rest are already commercial. j) Proposed on-site and off -site infrastructure :None B. CONFORMANCE WITH STATE/COUNTY PLANS 2, State Land Use Designation ; The property is situated within the State Land Use Urban district. 3. How the proposed use is not contrary to Chapter 205A, Coastal Zone Management (existing public access, scenic or open space resources, coastal view planes, and coastal ecosystem); Not Applicable 4. Applicable goals/policies and objectives of the General Plan: This request for a change of zone is consistent with the following goals, policies, and objectives of the General Plan. Land Use-General a) Designate and allocate land uses in appropriate proportions, and mix; and keeping with the social, cultural, and physical environments of the County. ~. b) Zone urban-types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. c) Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. d) Encourage the development and maintenance of communities meeting the need of its residents in balance with the physical and social environment. Land Use-Commercial a) Provide for commercial developments that maximize convenience to its users. b) Provides commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. c) Distribution of commercial azeas shall be such as to best meet the demands Of neighborhood, community and regional needs. d) Commercial facilities shall be developed in azeas adequately served by necessary services such as water, utilities, sewers, and transportation systems. Should such services not be available, the development of more intensive uses should be in concert with a localized program of public and private capital improvements to meet the expected increased needs. e) 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. 5. General Plan Designation (LUPAG Map) : The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designation for the area of the property is High Density Urban. 6. Zoning : The zoning designation for the property is Single Family Residential 10,000 (RS-10) 7. Community Development Plan : The Hilo Community Development Plan as Adopted by Resolution on May 21, 1975, suggests a Multiple Residential-4,000 square feet per unit (RM-4) designation for the subject area. Nevertheless, the Hilo Community Development Plan also recognizes the needed for future commercial development to reinforce existing commercial areas by encouraging it to fill in to be a unified City Center rather than further disassemble to other parts of Hilo. This City Center is defined as the area of High Density Urban Development as outlined by the General Plan. 8. Special Management Area :The property is not located within the County Special Management Area (SMA), hence, no SMA Use permit would be required. C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SUROUNDING AREA PHYSICAL CHARACTERISTCS/ENVIRONMENTAL SETTING; 9. Description of subject property, location, climate, topography, slope, soils (including size, shape, existing structures Subject property (TMK: (3) 2-2-25:011) is a residential lot with an existing two- story dwelling with carport, storage and a cottage building located at the intersection of Lanikaula and Kilauea Ave. in Hilo, Hawaii. The lot is shaped as a corner lot measuring 100 feet fronting Lanikaula and approximately 98 feet fronting Kilauea. The existing two-story residential structure has a floor area of 2,276 sq. ft. and a cottage building of 440 sq. ft. 10. Lava Hazard Zone :The property is a region where the volcanic hazard, as Assessed by the US Geological Survey, is determined to be Lava Flow Hazard Zone 3 on a scale of ascending risk from 9 to 1. Zone 3 includes the slopes of Maona Loa, including the entire city of Hilo, which are gradually less hazardous than Zone 2 because of greater distance from recently active vents and/or because the topography makes less likely that lava flows will cover these areas. 11. Distance from Coastline -the neazest coastline is situated approximately 5,800 feet north of the property. 12. Agricultural Lands of Importance in the State of Hawaii (ALISH) Designation -The location of subject property does not include prime, unique or other important agricultural land of statewide or local importance. 13. U.S.D.A. Natural Resources Conservation Services Soil Service Report Soil Type - The USDA, Soil Conservation Services Soil Survey of the Island of Hawaii classifies the soil of subject property as Olaa extremely stony silty clay loam with 0 to 20 per cent slopes (OID).Permeability is rapid, runoff is slow, and the erosion hazard is slight. 14. Land Study Bureau soil rating :The subject property is designated as an urban area and was not given a soil rating . 4 15. Flood Insurance Rate Map (FIRM) designation : (contact Department Of Public Works -Engineering Division) -Not applicable. 16. Existing drainage ways or improvements : No existing drainage ways or improvements in the vicinity of the property. 17. Air/noise/water quality :The air quality of the subject property is primarily affected by pollutants derived from the volcanic emissions from the ongoing Kilauea eruption. Other sources of air pollution affecting the project site include exhaust emissions from neighboring streets. In general, however, ambient air quality of the project area meets all federal and sate standards as evidenced by its designation as an "attainment" area by the State Department of Health, Clean Air Branch. Existing noise levels in the vicinity of the subject property are influenced by the vehicular traffic on neighboring streets as well aircraft noise from the Hilo International airport. These noise levels are typical of other commercial areas generators. The closest water body to the project area is the Walakea Pond, approximately 3,000 feet north of the project site. The proposed change zone is not anticipated to have any impact on water quality. HISTORIC RESOURCES 18. Existing archaeological, cultural, or historic sites on National Register or Hawaii Register : (contact Department of Land and Natural Resources). A letter dated March 10, 2008, was transmitted to the State Historic Preservation Division requesting a "no effect" determination for the subject application. No response from the State Historic preservation Division has been received to date. NATURAL RESOURCES 19. Existing floraUfaunal resources (any native or exotic plants; any listed or candidate for endangered species) :There is no habitat in the area that would be valuable for native terrestrial or aquatic species. The disturbed, urban qualities of the site make it poorly suited as habitat for any listed or candidate for endangered species. 20. Scenic or coastal resources :The scenic views in the project area are the Mauna Kea and Mauna Loa. These views will not be adversely affected by the proposed change of zone. Likewise, there aze no coastal resources in the immediate vicinity of the subject property. VALUED CULTURAL RESOURCES 21. Identify any traditional and customary native Hawaiian rights that are exercised in the area; the extent in which the proposed development will affect these rights; and feasible action to be taken to protect native Hawaiian rights if they exist :Not Applicable PUBLIC ACCESS 22. Existing public access to and along the shoreline or to mountain areas and knowledge of public access being used ; The property is very faz from any shoreline and mountain, hence, this requirement need not be addressed. SOCIAL-ECONOMIC CHARACTERISTICS 23. Social settlement pattern of the area ;The project azea is within an azea of transition which was previously predominantly single-family-residential in character. Land uses in the area aze a mix of residential and commercial uses. There aze a wide variety of land uses within a 1/2 mile radius of the subject properly including churches, restaurants, gas stations, financial institutions, personal service providers, government offices, convenience store, light industrial and residential uses. 24. Economic resources of the area: The property is situated in close proximity to shopping centers, schools, churches, public and private service providers, employment centers, airport and whazf facilities, etc. 25. Land Values; The appraised market value of the property as of October 2008 is more or less $600,000.00. SURROUNDING LANDS 26. Land Use: Land uses in the vicinity aze a mix of residential and commercial uses. A wide variety of land uses is within 1/2 mile radius of the subject property, such as churches, gas stations, restaurants, convenience stores, financial institutions, government offices, light industrial and residential uses. 27. Zoning :The subject property is the only one in the four corners of the Intersection of Kilauea Avenue and Lanikaula Street that remains residential in chazacter while the rest aze already commercial, (Subway and other restaurants on west side of Kilauea, and The Professional Center and Department of Agriculture on the east side of Kilauea Avenue. D. PUBLIC FACILITIES AND SERVICES 28. Description of access: (paved or unpaved, private or county, right-of--way and pavement width. If private road, submit evidence of legal access rights) Access to the property is provided by Lanikaula Street which has a pavement width of 20 feet within 60 foot wide right of way. The project site fronts on Kilauea Avenue which has a pavement width of 36 feet with a 60 foot wide right of way. Use Permit No 124, a 10 foot wide road widening strip along the entire frontage of Kilauea Avenue and a 5 foot wide road widening strip along the frontage of entire frontage of Lanikaula street has been designated on project plans 29. Availability of water: The existing water supply would be sufficient for the proposed office use. 30. Sewage Disposal: There is an existing sewer line in front of the property. 31. Solid Waste: Solid waste will be handled by commercial haulers who will dispose of the refuse at the county landfill in Hilo. During the course of preparing the site for this conversion, the applicant intends to retain as much of the material on the property. This should thus minimize disposal at approved disposal sites. As such, the applicant does not believe that a solid waste management plan is necessary for a project of this nature. 32. Police and fire protection: Police services aze available at the main station on Kapiolani Street and fire protection services aze available at the Hilo Central Fire Station located at the comer of Kinoole Street and Ponahawaii Street. 32b. Schools :Schools neaz the azea aze the University of Hawaii, Waiakea High School and Chieffess Kapiolani School and St. Joseph School. The proposed change of zone will not have any impact on these schools. 33. Parks : The proposed change of zone will not have any impact on parks serving the county of Hilo. 34. Other utilities and services (telephone/electricity) : The subject property is served by electrical and telephone lines from the adjacent streets. E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 35. Relationship between local short term uses of environment and 7 maintenance and enhancement of long term productivity. :The project azea has been committed to urban uses for over 60 yeazs. Approval of the subject change of zone application is consistent with the transition from single family residential to commercial use which has occurred for the vast majority of the parcels along this section of Kilauea Avenue and Lanikaula Street. This transition is consistent with the General Plan LUPAG Map High Density Urban designation. 36. Mitigative measures proposed to avoid, minimize, rectify or reduce impact. :Impacts resulting from the proposed change of zone aze expected to be very minimal. 37. Alternatives to proposed development : In the event this application is Denied, the RS-10 zoning will remain and the owner/applicant will still use the property as her residence/office in accordance with the applicable laws and regulations of the County of Hawaii. 38. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action is implemented : The natural resources of the area have been committed for urban use for so many yeazs now. R March 10, 2008 Ms. Melanie Chinen, Administrator State Historic Preservation Division Department of Land & Natural Resources 601 Kamokila Boulevazd, Room 555 Kapolei; Hawaii 96707 Dear Ms. Chinen: 'i"~B~IflR11~r~~12`i~ i'J~NtviNG ~r-'r~RTM~NT ~CUNTY Oi= H~WA(i SUBJECT : Reauest for "No Historic Properties Affected" Determination Waiakea, Hilo, Hawaii, TMK : (312-2-025:011 The undersigned is applying for a change of zone of her property from residential (RS-10) to commercial (CG-10) and as part of the permit submittal requirements, the County Planning Department is requesting either an azchaeological inventory survey or a letter to your office requesting a "No Historic Properties Affected" determination. In this regazd, the undersigned is requesting such a determination of the subject property. The site is 9,866 squaze foot located on the southwest corner of Kilauea Avenue and Lanikaula Street in the City of Hilo. The subject property is the only one in the four corners of the intersection of Kilauea Avenue and Lanikaula Street that remains residential. All the rest aze already commercial. We are enclosing a copy of the site and related plans and excerpts of the planning and environmental report for your information. We 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 call us. Thank you very much Sincerely, r„_.... ,.. Hilo, Hawaii 96720 Fre ~ s G. an 151~~K.ila ea Avenue Enclosures Copy -Planning Department w/o enclosures 2 0 z w Q M I~ w J U . V) 1 ~ ~~~ ~ / P`~ 1 ~ ~ g9, V ~ ,~s y3 4P~ ~ ~ ~ .~ ~~\ ~ 08, 4g•g~\ \ / / VIP O\ ~ ~~ Q y Q 3579.77 5 p ~ 1 ~ ` A ~ ~~ ~ •~ 7,234.64E 0,~~ 'NALAI"~ ~, L ~ RGEL 11 A = 9,886 SQ. FT. ,~ ~' ~ ~~ ,~ PA'~~ ~ ~ ~ / /~ ~ P1~ ,a P'~ ~hRS' ~ Q q ~ I '~ , ~ D111ELLIN6 '` '(~ ~ ~~ ~ ! TH'O STORY \ 6 ~ c9 r. D{NELLIN6 r .. 9~0 ~ ~ O, N N Ns s O ~~ N~ ~~ ~- ~~~ ~ ~ FILE: 20081A08-008.DWG ~" 0 i O~~P ~ ~~~ 1~~~ P~ ~ f i ~ 0~ ,\ ~ ~ h~ ~~~• ~~ LANIKAULA SrREEr ~r C rn 9~~1 ~~~ ~ G / C Ri~,r / ~~ O 1141I10A Pg1D J u y 7~ I\r LOCATION MAP NOT TD SCALE MAP 5N0{NING PARGEL !! BEING A PORTION OF LOT 8, BLOCK l02 lNAIAKEA HOUSE LOTS, 2ND SERIFS TION OF GRANT 9406 TO MRS. ANN1E N. MAGOMBER "GYAIAKEA, SOUTH H1L0, 15LAND OF HA/NAII, NA{NAI1 TAX MAP KEY: (3) 2-2-025: Oll 30 15 0 30 60 SCALE IN FEET k,~,„ ca~•uarr ~« 1 B. q ~0~ G9 This work was prepared by OAP ~L F m or under m supervision. ~ LAPD SURVEYOR ~ ~ ~ . ~ No. 7564 ~ Lic nsed Profe sional Land Surveyor Ge tificate Num er 7564 qh'q 1 1 ~, 5' 1=x fires April 30, 2010 FEBRUARY 9 2008 Y PJ DEPARTMENT OF PUBLIC WORKS Ci~08 APR ~ ~ o~ q ~~ CO HILO, OHAWAIWAII ;; .. `~ ~' f UI= ~G TO: Christopher J. Yuen, Planning Director FROM: ~/ Department of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 08-000076) Applicant: Freditas Udani Request: RS-10 to CG-10 Tax Map Key: 2-2-25: 011 DATE: April 15, 2008 We have reviewed the subject application forwarded by your memo dated March 18, 2008 and offer the following comments for your consideration. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works (DPW). The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain. Based on the intended zoning, we recommend the applicant provide improvements to the entire frontages along Kilauea Avenue and Lanikaula Street consisting of, but not limited to, pavement widening with concrete curbs, gutters and sidewalks, drainage improvements, and any required utility relocation, meeting the requirements of the Americans with Disabilities Act (ADA) and the approval of the Department of Public Works. To preserve adequate vehicle sight distance at intersections, no object with a height between three and eight feet shall be allowed within the area of a triangle formed by the property lines and a line drawn between points on such property lines thirty feet from the intersection thereof (Sec. 22-2.2, Hawaii County Code). Therefore, within the abovementioned triangle, the DPW will require the existing wall and shrubbery be removed and cut to a maximum height of three feet from the roadway elevation at the corner of Kilauea Avenue and Lanikaula Street. Due to the existing driveway's proximity to the intersection, we recommend left turns be prohibited into the subject property. The portion of the rock wall within the Lanikaula Street right-of-way (County owned), as shown on the survey map (dated 2/09/08) included within the subject application, shall be removed or relocated into private property. Streetlights and traffic control devices shall be installed as may be required by the Traffic Division, Department of Public Works. The applicant shalt be responsible for the design, purchase, and installation of such devices. Questions may be referred to Kelly Gomes at ext. 8327. ~~~~~,~ fJ4~~.~C1 County of Hawaii is an Equal Opportunity Provider and Employer Harry Kim A9crvor X008 APR ~ ~'~1 ? ~$ ~i..~`,ivi`.1ii~l~,a tij4...-'~~,R~~MENT ~E)C:NTY uF HA`JUAIi April 1, 2008 JN?Y.~F h'\?ly .~ grf•OF ~HP~? County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street Hilo, Hawaii 96720-3998 (808)935-3311 Fax (808) 961-8865 TO CHR~JI OPHER J. YU NNING DIRECTOR a~ t~ FROM K . PACHECO, ASSISTANT POLICE CHIEF AREA I OPERATIONS BUREAU SUBJECT: CHANGE OF ZONE APPLICATION (REZ 08-000076) APPLICANT: FREDITAS UDANI REQUEST: RS-10 TO CG-10 TAX MAP KEY: 2-2-25:11 Lawrence K. Mahuna Police Chief Harry S. Kubojiri .Deputy Police Chief 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:IIi EXHIBIT 03y~66 "Hawai`i County is an Equal Opportunity Provider and Employer" ~~~r~os pq~ L Harry Kim Mayor ?~08 APR 1 ~'~ ~ .:'~ •":;.....::.P°: q>E U-•MP•1~ ;ii I i~, I ,-- --r-; r~;`~- AA i ~i~i~i;~`lil ~ i_-' ;4 ' ~fl i iVit= ;wtS~ ~ ~ 'r (~F NAVE ~C1,DU1~tp Dt ~~~~i~i. HAWAII FIRE DEPARTMENT 25 Aupuni Street • Suite 103 • Hilo, Hawaii 96720 (808) 981-8394 • Fax (808) 981-2037 March 27, 2008 TO: CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM: DARRYL OLIVEIIZA, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ 08-000076) APPLICANT: FREDITAS UDANI REQUEST: RS-10 to CG-10 TAX MAP KEY: 2-2-25: I 1 Darryl J. Oliveira Fire Chief Glen P.I. Honda Deputy Fire Chief In regards to the above-mentioned Change of Zone application, the following shall be in accordance: 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. D OLIVEIRA Fire Chief PBE:Ipc EXHIBIT ~. Ai~ifi,,~ ~ 03942 ~A~ Hazoai'i Counhj is an Equal Opportunihj Provider and Employer. ~~KYI.~A'NA(~~REET, SUITE 20 HILO, HAWAI`l 96720 TELEPHOI~IE (808) 961-8050 ° FAX (808) 961-8657 April 14, 2008 TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: .CHANGE OF ZONE APPLICATION (REZ 08-000076) APPLICANT - FREDITAS UDANI REQUEST: RS-10 TO CG-10 TAX MAP KEY 2-2-025:011 We have reviewed the subject application and have the following comments and conditions. Water is available from an existing 8-inch waterline within Lanikaula Street and also from an existing 10-inch waterline within Kilauea Avenue. The subject parcel is currently served through an existing 5/8-inch meter, which is limited to a maximum daily usage of 600 gallons. The Department has no objection to the proposed change of zone application subject to the applicant understanding and accepting the following conditions: 1. The Department requests that the applicant submit estimated maximum daily water usage calculations, prepared by a professional engineer licensed in the State of Hawaii, for review and approval. The water usage calculations should include the total estimated maximum daily water usage in gallons per day and the estimated peak flow in gallons per minute, and Based on the water usage calculations provided, if the existing 5/8-inch meter cannot accommodate the estimated demand, a larger or additional meter will need to be installed and remittance of the prevailing facilities charge, which is subject to change, will be required. If the existing 5/8-inch meter can accommodate the estimated demand, then the applicant may continue to utilize the existing meter. 2. The proposed zoning will require the installation of a reduced pressure type backflow prevention assembly, within five (5) feet of the meter on private property. If a larger or additional meter is required, a backflow prevention assembly will also be required for that meter. The installation of the backflow prevention assembly(s) must be inspected and approved by the Department before commencement of water service. EXH~B~•T ~-- U403"~0 ... I~Ua~er ~ri~c~~ ~ro~re~~... The Department of Water Supply is an Equal Opportunity provider and employer. To file a complaint ofi discrimination, write: USDA, Director, Office of Civil Rights, Room 326-W, lNhitten Building, 14th and Independence Avenue, SW, Washington DC 20250-94 i 0. Or call (202) 720-5964 (voice and TDD) Mr. Christopher J. Yuen, Planning Director Page 2 April 15, 2008 3. Subject to other agencies' requirements to construct improvements within the road right-of--way fronting the property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary. 4. Please be informed that the existing 10-inch waterline within Kilauea Avenue is adequate to provide the 2,000 gallons per minute fire flow required for commercially zoned properties and there is an existing fire hydrant fronting Tax Map Key 2-2-024:001, approximately 85 feet from the subject parcel. Should there be any questions, please contact Mr. Finn McCall of our Water Resources and Planning Branch at 961-8070, extension 255. ours, ?avao, P.E. FM:dfg copy - Ms. Freditas Udani t~1(18 APR ? ~~ r~, S5 Harry Kim Mayor Ri_AtiPJiNC-~ u:{?^,RTP.~ENT ~vi~NT'Y uF HAVVAiI Bobby Jean Leithead-Todd Director Nelson Ho Deputy Director DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street Hilo, Hawaii 96720 (808) 961-8083 • Fax (808) 961-8086 http://co.hawaii.hi.us/directory/dir envmn~ htm MEMORANDUM Date : March 20, 2008 To CHRISTOPHER YUEN, Planning Director From : BOBBY JEAN LEITHEAD-TODD, Director ~~ Subject: Change of Zone Application (REZ 08-000076) Applicant: Freditas Udani Request: RS-10 to CG-10 TMK: 2-2-25:11 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: STEWATER COMMENTS: ( ) No comments - Rc~~~fe»u +~~-~ecfi~ ~ Caui~ stWGr ~~~ ~Z7~~~8+F-. (' )Require connection of existing andJor 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 Ha_w_ aii County Cede. (' )Other: -~--r-- /~TECHNICAL SERVICES COMMENTS: tfl3 C to `~ti~- fIL~N tv^fJ 'P,c K- i~-,-L.-~ SOLID WASTE COMMENTS: (. ) No comments (~ Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal., ( ~) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. ( jC) Ample and equal room should be provided for rubbish and recycling. ('~G) Greenwaste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. ( Sl) Construction and demolition waste is prohibited at all County Transfer Stations. yC) Submit Solid Waste Management Plan in accordance with attached uidelines. ( )Existing Solid Waste Management Plan is to be followed. Provide update he department on current status. ( )Other: cc: SWD;?f; WWD ios7s 03999 County of Hawaii is an Equal OpportuniTy Provider and Employer. Bobby Jean Leithead-Todd Director Harry Kim Mayor Nelson Ho Deputy Director (~~~~~~r ~~ ~~~~~ `~ DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo, Hawaii 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: ~~~ Bobby Jean Leithead-Todd DIRECTOR 10/13/03 Revised 09/14/07 Nawai'i County is an Equal Opportunity Provider and Employer. LINDA LiNGLC GOVERNOR OF HAtVAfI nr ~~~ ~~~ 1 ~~ ~ ~~ ('~ANi fir ,,_i t_ir_, r.t~TM~~ fpLN j'Y vF NAW~iI m ~~dl`~: 4,:1:,rt~, FYI "~~ ~w" STATE OP'HAWAII DEPARTA4s/NT OF LA!i'ti ,~,ND NATt'RAL RESOURCES STATL- NISTORiC YRESr~tVA'CiOIV DIVISION 501 KAMOKILA 5C~_IL`V,h,R7,'?OON: 555 KAPOI.E!,1-i Ati r All 96', 07 March 24, 2008 Freditas G. Udani ] 510'Ki)auea Avenue Hilo, HI 96720 Dear Mr. Udani: LAURA H. THIELEN CHAI.gt^:RSON DOARO OFI_A~fi /N1D NATURF,L RESOURCES COMMISSI!)N ON tt'A1'I:R RE50[IxCE MANAGEMENT RUSSELL Y. TSUJI EIRSi DEPIIfY KEN C. KAWAHARA D1:PIi I'Y MNLCfOR - wpTFl( A~unnc wsotmces 60ATMC ANII OCF'AN RECREATION BUIUiAU OF CONVEYnNCES COMMISSION f)h wATF.R RESOURCE MANAGEMENT CONSERVATION AND COASTAL LANDS CONSEAVA'fION.1MU RESOURCES F1~IFORCEMF.Ni ENGINEERPIG FORI:S1Rl' AN.D wR.DLIFE HISTORIC PR1iSERVATION KAfI00:.nwE ICLAh'D R1iSL'RVF, COMMIS510N LAND sTnn;PnxRs LOG NO: 2008.0996 DOC NO: 0803MD64 Archaeology SUIi.TEC'I': Chapter 6E-42 Historic Preserera~tic*;;'t ~~~'~en= - Request for "iYo Historic Propss•tia~ Affectes~" Determination for a proposed Change of ~.o>!fe i•?S-1Q to CC-1<~) for your 9,Sb6 square foot property Waiakea ~ihupua'a, South Hilo f~'ist~ i~t, Is?and of I~awai'i TMK: (3) 2-2-25:Q11 Thank you for the opportunity to comment on your project. We determine that no historic properties rviil be affected by this undertaking because: ^ intensive cultivation"has altered the land ^ Residential deveiopment/urbanization has altered fihe land ^ Previous grubbing/grading has altered the lanr? ^ An accepted archaeological inventory survey (AIS) found no historic properties ^ SHPD previously reviewed this project and rnstigarion has been completed ® Other: At this time, the owner is requesting a change of zane use for subject properties; no ground- altering activities appear as part of tyre aap~ication. In the event that historic resources, includs~~ l:um.an skeletal remains, lava tubes, and lava blisters/bubbles are identified during the constrircc*,.ior. activities, all work needs to cease in the immediate vicinity of the find, the fnd needs to be pratecte~? crom additional disturbance, and the State Historic Preservation Division, Hawaii Island Section, needG':o l>e contacted immediately at (808) 981-2979. Please contact Morgan Davis at (808) 981-2979 iE- y~(!1 baud any questions or concerns regarding this letter. Aloha, ~~~~~ Nancy McMahon, Acting Archaeology Branch CI'xi ~F State'rIistoric Preservation Divisioh EXHIBIT ~7 ~ ~~~~~ LINDA LINGLE GOVERNOR OF HAWAII ~~GS ~iRR ?8 fi't'? ? Sy 1'~ANh~~I~~r. a ~ ~_~-~" .,Rl MENT ~GUN~~~~' Ur HAWAII STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU, HAWAII 96809 March 25, 2008 County of Hawaii Planning Department 101 Pauahi Street Suite 3 Hilo, Hawaii 96720 Attention: Mr. Norman Hayashi Gentlemen: Subject: Change of Zone Application (REZ 08-000076) Special Permit Application (SPP 08-000052) LAURA H. THIELEN CHAQiPERSON DOARU OP LAND AND NATNtAL RESOURCLS COMMISSION ON WATER RESOURCE M,LUAGEMEKf Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources' (DLNR) has no other comments to offer on the subject matter. Should you have any questions, please feel free to call our office at 587-0433. Thank you. Sincerely, Morns M. Atta Administrator 039734 EXHIBIT LINDA LINGLE GOVERNOR ~11~8 Rf'R 1. ~vVi`J-I-`r MEMORANDUM 4~~C h1 ,~~ ~~ao~ ry~ _ a ._~~*.,~F.., t' ~ ~ ~ t F• -. ~ ~ ~ui= ~HA~JVAlI ~~ STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 DATE: March 27, 2008 TO: Christopher J. Yuen Planning Director, County of Hawaii FROM: Newton Inouye rT< Acting District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 08-000076) Applicant: Freditas Udani Request: RS-10 to CG-10 Tax Map Key: 2-2-25:11 CHIYOME L. FUKlNO, M.D. Director of Health The Health Department found no environmental health concerns with regulatory implications in the submittals. WORD:REZ OS-000076.my EXHIBIT ~_ o3yaz~ ~~ ~ 28 P~1 ~~ '~~ ;~,U~-r ~ March 23, 2008 Lanikavkav, LLC 558 Kanoel ehva Avenve Hilo, Hawaii 96720 County of Hawaii County Planning Department . 101 Pauahi Street, Suite 3 Hilo, H 196720 RE: Change of Zone Application (REZ 08-000076) for: Freditas G. Udani 1510 Kilauea Avenue Hilo, H 196720 TMK: (3) 2-2-25:011 Please be advised that we strongly support the proposed change of zone from RS-10 to CG-10 for the above listed property. Sincerely, ,~'`~- Bruce A. Hansen Member G~- / ~~-~--- cc: Freditas G. Udani EXHIBIT l~ 039694 March 26, 2008 Planning Department Aupuni Center 101 Pauahi Street, Suite No. 3 Hilo, Hawaii 96720 RE: Change of Zone Application (REZ 08-000076) Applicant: Freiditas Udani Request: RS-10 to CG-10 To Whom It May Concern, r~~AfVNiNt~~ t~~_'~~RTMENT ~'CUlvTr OF HAV~/A~I I received a letter dated March 20, 2008, notifying me that my next door neighbor, Freditas Udani, has filed an application with your department to try and change the zone area for the property located at 1510 Kilauea Avenue (TMK: 2-2-25:011). I am very concerned about the nature of her plans. The letter did not state what type of various businesses she will be conducting. Also, she has written that she plans to pave the pazking azea. My family has owned our property, 17 West Lanikaula Street, since it was built in the 1930s. It has been a residential zone, and I would like to keep our street that way. Ms. Udani's house abuts our property. These are some concerns I have: • If her zoning is changed from residential to commercial, how will this affect .our property? • Will we be subjected to higher property tax fees? • Will her business encroach our property? • How will this affect our personal family life? • With business, there becomes increased traffic. • More strangers will be coming and going from the area. Please address my concerns and issues before making any decisions on allowing Ms. Udani to go forward with her plans. You can write to me at the address written below. .Sincerely, ~~L~, Katherine Violet Nathaniel ~I 17 West Lanikaula Street Hilo, Hawaii 96720 Fhone No. (808) 961-5927 ~~~~~~ 8 RPR 28 p~ ~ ~~ r;Ai'v'i~.iii~1~ ; ;~E~~r,RTNIENT ~otJr~r~ Vii- Haw~~~ Aprii.28; 2008 Dear Mrs.1\lathan~el Freditas G Uda 1 S I O Kilauea Ave. Hilo, Hawaii 96720 Phone: 808-935-1948_Cell 808-895-238 __ __ This refers to your letter ;dated March 26,200$ addressed to the Planning I}epa~tnient bounty of Hawaii, regarding my application for a change of zone of which 1 am pleased to respond to your concerns, per instruction of said Planning Departrrieni as follows: Types of various business. will be those that will be approved by the County of Hawaii and for your info nation, my main purpose is to utilize my .property to house the office of my exzsting insurance business. The paving; of the parking area will bein accordance with the requirements ofthe County o€Hawaii: You stated in your letter about your family's ownership o~ your property since 1930 as a residential zone and that you would like to keep our street that way, but that's impossible becauseof the presence of restaurants such as Cheng's Filipino Food,. H & K Lunch Shop, Akmal Restaurant; Soontarees Restaurant and Subway all situated in our street: A change in -zoning: will definitely not affect: your property if it remains. residential so much so that you will not be subjected to higher taxes. Likewise, rest assured that--my business will not encroach your property axtd affect your personal family life. lviy business is a small business which will not increase traffic in our area as the number. of clients that will be visiting my office :averages 2 to 3 a d~.y sometimes none- I hope that the above answers your various concerns. and should you need further clarification, please feel free to call me at 808.-935-1948 or $08-895-2398 during business hours: S.icerely: . .- ~ Fredit$s G. Cc:' Planning Department Applie _ U4U7U8 ~: RUdaniREZ.doc-5/8/08 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION FREDITAS UDANI CHANGE OF ZONE APPLICATION fREZ 08-0000761 Upon cazeful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation of the Change of Zone from Single Family Residential -10,000 square feet (RS-10) to General Commercial - 10,000 square feet (CG10) be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant requests a change of zone from RS-10 to CG-10 to relocate an insurance office to the site. The applicant prefers to own rather than rent an office, and be more readily accessible and convenient for her clients residing in the immediate surrounding azeas. The applicant proposes to convert an existing structure into an office at a cost of approximately $50,000. Initially, there will be two employees. The property is a fully developed pazcel located on the southwest corner of Lanikaula Street and Kilauea Avenue. There is an approximately 50-yeaz old, 2,276- squaze foot single-family dwelling and a cottage on the site. The dwelling will be retained for residential use while the cottage will be converted for office uses. The property is landscaped with a rock wall azound the property's frontages on Lanikaula Street and Kilauea Avenue. In order to consider an area for any type of zoning designation, the applicable goals, policies and standazds of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from a RS-10 to a CG10 zoned district will conform to the goals, policies and standards of the General Plan Economic and Land Use Elements. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land use is one of the principal focal points of public concern and policy. The Land Use element provides the primary basis for direct control and guidance of publicly and privately owned resources. The request conforms to the goals, policies and standards of the Land Use -Commercial element of the General Plan. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The project area is designated High Density Urban, which includes General Commercial, multiple-family residential and related services. Thus the requested General Commercial zoning conforms to the LUPAG map for this area. The State Land Use designation for the property is Urban. The property is unclassified by the Land Study Bureau's Productivity Rating. The Hilo Community Development Plan (CDP) adopted in 1975 designates the area as RM 4. Land uses in the immediate area include a mix of residential and commercial uses. Surrounding properties are zoned CG-10 to the north (site of Subway and various restaurants), CG-20 diagonally across the project site (Lanikaula Professional Center), and Open (State Forestry facility across Kilauea Avenue to the east. The adjacent property to the south is zoned RS-10 and improved with asingle-family dwelling. There are various commercial establishments on Kilauea Avenue north of the project site. The proposed change of zone would complement the existing land uses in this area and will provide for an orderly development of the area. From the late 1960's to present, numerous parcels in this section of the Waiakea Houselots have been rezoned from Single-Family Residential (RS-10) to Commercial -2- Office (CO), General Commercial (CG) or Neighborhood Commercial (CN}. The rezonings extend from Mohouli Street to Lanikaula Street and Kilauea Avenue to Kinoole Street. The uses on these parcels include real estate and attorney's offices, financial institutions, medical offices, laundry cleaning facility, restaurants and other commercial uses. With the adoption of the revised Zoning Code on December 7, 1996, all Commercial Office (CO) zoned districts were redesignated as General Commercial (CG). Therefore, the requested CG zoning would be consistent with the existing land use pattern established within this portion of Hilo. The property is located within an area adequately served with essential services and facilities such as water, sewer, transportation systems and other utilities. Access to the site is from Lanikaula Street, a County roadway with a pavement width of approximately 20 feet within a 60-foot right-of--way. The property also fronts Kilauea Avenue, a County roadway with a 60-foot right-of--way. The City of Hilo Zone Map designates a 10-foot wide future road widening setback along the property's Kilauea Avenue frontage to an 80-foot right-of--way. The applicant states that "the proposed change of zone will not have a long range impact to traffic in the area." County water is available to the site. The property is connected to the County's sewer line. Solid waste will be handled by commercial haulers. The applicant will be required to submit a Solid Waste Management Plan as recommended by the Department of Environmental Management. Electricity and telephone services are available to the site. The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The project site is located within Zone "X", areas determined to be outside the 500-year flood plain. All development generated run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. By letter dated March 10, 2008, the applicant requested a "no effect" letter from the DLNR-HPD. In a letter dated March 24, 2008, the DLNR-HPD stated that "no historic properties will be affected by this undertaking because at this time no ground altering activities appear as part of the application." As the property is fully developed, no professional surveys were conducted of the site. No professional flora or fauna -3- surveys were conducted of the site. The applicant does not believe that rare or endangered floral or faunal resources aze on the site. The property is located in an urban setting close to existing commercial uses and improved with asingle-family dwelling and a cottage. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is not proximate to the shoreline and, will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. According to the applicant, no valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Therefore, no action is necessary to protect these rights. - Based on the above findings, approval of this change of zone request from a Single-Family Residentia110,000 square feet (RS-10) to General Commercial 10,000 square feet (CG10) would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map), Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -4- CUdaniREZ.doc-5/13/48 FREDTTAS UDANI CHANGE OF ZONE APPLICATION (REZ 08-000076) CONDITIONS OF APPROVAL A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, and a water commitment deposit in accordance with the "Water Commitment Guidelines Policy" to the Department of Water Supply within 180 days from the effective date of this ordinance. C. Conversion of the existing cottage to office uses shall be completed within five (5) years from the effective date of this ordinance. Prior to conversion and/or construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structures, paved driveway access and paved parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements) and Chapter 25 (Zoning Code), Hawaii County Code. D. The applicant shall provide improvements to the entire frontage of Kilauea Avenue and Lanikaula 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 Americans with Disability Act (ADA) and the approval of the Department of Public Works. All improvements to Kilauea Avenue and Lanikaula Street shall be completed prior to a Certificate of Occupancy. E. To preserve adequate vehicle sight distance at the intersection of Kilauea Avenue and Lanikaula Street, the existing wall and shrubbery shall be removed and cut to a maximum height of three feet from the roadway elevation at the corner of Kilauea Avenue and Lanikaula Street. The portion of the rock wall within the Lanikaula Street right-of--way as shown on the survey map dated February 9, 2008 shall be removed or relocated into the property. F. Access to the property from Kilauea Avenue and Lanikaula Street shall be limited to the extreme limits of the property, away from the Kilauea Street/Lanikaula Street intersection, and meeting with the approval of the Department of Public Works. As required by the Department of Public Works, no left turns shall be allowed into the property from Kilauea Avenue and Lanikaula Street. All driveway connections shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. G. Install street lights and traffic controls as required by the Traffic Division, Department of Public Works. H. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works. The recommended drainage improvements shall be constructed, meeting with the approval of the Department of Public Works, prior to the receipt of a Certificate of Occupancy. I. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. 7. 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 K. If the applicant, successors, or assigns develops 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 -2- share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (RCPT). 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 shall be allocated as follows: $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 $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. L. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exaction or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. -3- M. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to final plan approval. N. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. O. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 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). 5. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation -4- COUNTY OF HAWAII ORDINANCE NO. STATE O F HAWAI `I BILL NO. ~~~ ~ ~f~ ~~ c ~ ~~~t 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 GENERAL COMMERCIAL - 10,000 SQUARE FEET (CG-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-025:01 1. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be General Commercial - 10,000 square feet (CG-10): Beginning at the Northwest corner of this parcel of land on the Southeasterly side of Kilauea Avenue Road the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI"being 3,579.77 feet South and 7,234.64 feet East and running by azimuths measured clockwise from True South: 238°~ 10' 89.53 feet along the Southeasterly side of Lanikaula Street; Thence along Kilauea Avenue on a curve to the right with a radius of 30.00 feet, the chord azimuth and distance being; 2. 289° 08' 46.61 feet; 3. 340° 06' 51.62 feet along the Westerly side of Kilauea Avenue; -1- 4. 58° 10' 108.20 feet along Lot 7, Block 102, of the Waiakea House Lots, 2°d Series, Grant 9041 to Sarah K. White; 5. 148° 10' 86.70 feet along Parce127 being a portion of Lot 8, Block 102 of the Waiakea House Lots, 2°a Series and a portion of Grant 9406 to Mrs. Annie N. Macomber to the point of beginning and containing an area of 9,886 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 maybe adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -2- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawai `i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3- KAMANAST G~ ~ c~ Rp ~ s -~S R LONO ST ~ 3 s a cG ~? •~s a ~s Cam, ~O ~ cc~o Rs~o z s, ~~ c w ~O ~~o 'i C~ ~O G,~ so 0 ~O c~?o ~~ W LANIKAULA S7 ~ R ~~ C1, ~Y ?p SINGLE• LY IA 0 R SQUARE FEE TO GENERAL COMMER 0 00 R EET C -10 ~'~, 9,886 SQ. FT. e,~. ?o y ''N s,~ 0 ~A~ ,per N RS ~O Rev 'moo z ~~O $ Cry? R~7s r O W KAWILI ST y E KAWIU ST 0 335 670 1,340 2,010 2,680 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 GENERAL COMMERCIAL 10,000 SQUARE FEET (CG-10) AT WAIAKEA, SOUTH H1L0, HAWAII MAP PREPARED BY MK: 2-2-025:011 COUNTY OF HAWAII PLANNING DEPARTMENT DATE: March 18 200 CG<'o c~'2 o c, s,~ °s ~J,-,-= Q3 R CC`1 ~O Rs~o ~ti~o °~ ?° CJCI"IItSI 1 •_A•_ (Freditas G. Udani:1243)