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HomeMy WebLinkAboutCOM 0147.000 2008-2010William P. Kenoi Mayor r~ca+m car..~..~a~~___. rY nor. .,CMN1tT' (~.efUnetl r ~'• •' :• Williaro T. Taka6a Mawging Direcror Welly Lau County of Hawaii ~DnhMaaogiagDiretlw 891 Ululani SVeet • Hilo, Hawaii 96720-3982 • (808) 961-8211 • Fax (808) 9615553 KONA 75.5706 Kualoni Hi~way, Suim 103 Keilua-Kona, Hawaii 96740 (808) 329.5226 Far (808) 326.5663 February 3, 2009 Honorable J Yoshiinoto, Chairman and Members of the County Council County ofHawai`i 333 KilaueaAyenue Hilo, HI 96720 Dear Chairman Yoshimoto and Members: State Land Use Boundary Amendment Application (SLU 08A00021) Request: Agricultural to Urban Change of Zone Application (REZ 08-000085) Request: A-20a to ML-la Applicant: Hawaiian Rainforest Water Co., LLC Tax Map Key: 1-6-3:18 and 23 Change of Zone Application (REZ 08.000087) Applicant: Michael Tokunaga and Peggy Konanui-Tokunaga Request: RS-10 to CN-10 Tax Map Key: 2-2-34:88 - /Change of Zone Application (REZ 08-000088) Applicant: S. Russell and Aldko Oda RequesC RS-10 tc CN-10 Tax Map Key: 2-2-34:36 Change of Zone Ordinance No. 06 137 lRR9 709, DockeF Ref. No. 91-000003) Change of Zone Ordinance No. 06 ] 3 B (REZ 524, Docket Ref. No. 85-00003 Applicant: Samson LLC Request: Amendment to Condition C of Ordmance Nas. 06 137 and 06 138 Tax Mao Kev: 7-5-10:nortion 13 As requued by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. S'ncerely, am P. K of Mayor Enclosures / (~7 cc: Planning Department Comm. NO.~ CounTy of Hawai i is an E9uaI Opportunity Provide and Employer. (ref, j0: Ref. Date, F~~2 2004 ~B~It 327 County of Hawaii PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite3 • Hilo, Hawai `i 96720 Phone (808) 961-8298 Fax (808) 961-8742 February 3, 2009 0 co i) O ~` ^" m -,, _ ~ ,_ ;"T , The Honorable J Yoshimoto, Chairman -<='' ca and Members of the County Council : +"'~ County of Hawaii ;._, ~ ~r 333 Kilauea Avenue, 2°d Floor T ~" i_. ";.r '" rV '=~ ~v Hilo, HI 96720 ~" ~ crt Dear Chairman Yoshimoto and Council Members: Change of Zone Application (REZ 08-000088) Applicant S. Russell and Akiko Oda Request RS-10 to CN-10 Tax Ma~Key: 2-2-34:36 The Planning Commission at its duly held public hearing on January I5, 2009, reviewed and. acted on the above-referenced request for a Change of Zone from a Single Family Residential - 10,000 square toot (RS-10) to a Neighborhood Commercial - 10,000 square foot (CN-10) district for approximately 22,500 square feet of land. The property is located along the east side of Manono Street, approximately 300 feet north of the Manono Street - Hualani 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 applicants are requesting a Change of Zone from RS-10 to CN-10 to convert an existing single-family dwelling into an office building to be leased to supplement the applicants' retirement income. The existing 1,134-square toot structure currently used as asingle-family residence will be renovated. The property is of sufficient size to accommodate a minimum of 19 parking stalls. Existing landscaping will be retained or improved upon. The applicants believe that an office use is appropriate given the increased number of commercial uses in this area and commercial uses on the adjacent properties. However, as there are residential uses in the general area, the applicants intend to retain and renovate the existing residential structure rather than construct a new building on the site. Hawaii Cnuraty is an Equaf Opporhmi[~~ Provider and Employer The Honorable J Yoshimoto, Chairman and Members of the County Council Page 2 In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. 1t is only through such a comprehensive policy analysis approach that evaluations and decisions can be made [o 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 RS-10 to CN-10 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 General Plan in that the proposed development will be developed in an area adequately served by necessary services such as water, utilities and transportation systems. The proposed project conforms to the Commercial Development goal which states "provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods." 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 Medium Density Urban on the LUPAG Map. The requested zoning would be consistent with the urban designation on the LUPAG Map for this area of Hilo. The State Land Use designation for the subject property is Urban. The property is designated Urban by the Land Study Bureau's Productivity Rating. The Hilo Community Development Plan (CDP), adopted in 1975, suggests residential uses in this area. However, this area is transitioning to higher density commercial uses. The proposed change of zone would complement the existing commercial land uses already in existence and provide for an orderly development of the area. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 3 The property is located on Manono Street, adjacent to a real estate office to the north and Durrant Media Five to the south. The property is landscaped, and there is a single-family dwelling on the site. The land uses in the area are a mix of residential and commercial uses. The Big Island Land real estate office is located adjacent to the property to the north and zoned CG-7.5. Adjacent to the property to the south is Durrant Media Five, zoned CN-7.5 in 1998. The Ke Kilohana Oka Malamalama Church is located diagonally across Manono Street to the southwest. Within 500 - 600 feet of the property are single family dwellings and various commercial uses including Freddy's Restaurant, the HGEA office, and the Hilo Hooganji Mission church on the corner of Manono and Pi`ilani Streets. All utilities and services are available to the site. All essential utilities are available to the project site. The project will connect to the existing County sewer system. Solid waste will be disposed of by commercial handlers. The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The project site is located within Zone "X", area determined to be outside the 500-year floodplain. All development generated storm run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. Access to the site is from Manono Street, a County roadway with aright-of-way of 50 feet fronting the subject parcel. According to the City of Hilo Zone Map, Manono Street is proposed to be widened to a 60-foot right-of-way; thus affecting five feet of properties along Manono Street. The Department of Public Works (DPW) recommends that access be limited to a single location on Manono Street. The DPW also recommends improvements to the entire frontage of Manono Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation. By letter dated October 29, 2008, the applicants requested a "no effect" letter from the DLNR-HPD. No professional surveys were conducted of the site due to the history of extensive disturbance. No professional flora or fauna surveys were conducted of the site. The applicant does not believe that rare or endangered floral or faunal resources are on the site as the project site has been improved and is located within an urban environment close to existing commercia] uses. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 4 The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management. The property is not located in the Special Management Area. There is no record of a designated public access to the shoreline or mountain areas that traverses the site. According to the applicants, 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, approval of the change of zone request from aSingle-Family Residential (RS-10) to a Neighborhood Commercial (CN-10) zoned district would result in an appropriate land use pattern that will further benefit the general public. For your favorable consideration, an amendment to Section 25-8-33 (City of Hilo Zone Map), of the County Zoning Code is transmitted. We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, ll /I ,, Rodney Watanabe, Chairman Planning Commission Loda02PC Enclosures cc: Mr. Sidney Fuke S. Russell and Akiko Oda Department of Public Works Department of Water Supply DOT-Highways, Honolulu Lincoln Ashida, Esq., Corporation Counsel C `' Y BOdaREZ.doc-12/17/08 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT S. RUSSELL AND AKIKO ODA CHANGE OF ZONE APPLICATION (REZ 08-881 S. RUSSELL AND AKII{O ODA have submitted an application for a Change of Zone from Single-Family Residential 10,000 square feet (RS-10) to Neighborhood Commercial 10,000 square feet (CN-10) for approximately 22,500 square feet of land. The property is located on the east side of Manono Street, approximately 300 feet north of the Manono Street-Hualani Street intersection, Waiakea House Lots, Waiakea, South Hilo, Hawaii, TMK: 2-2-34: 36. PROPOSED DEVELOPMENT 1. Request/Project Description: Change of Zone from RS-10 to CN-10 to convert an existing single-family dwelling into an office building to be leased to supplement the applicants' retirement income. The existing 1,134-square foot structure currently used as asingle-family residence will be renovated. The property is of sufficient size to accommodate minimum of 19 parking stalls. Existing landscaping will be retained or improved upon. (Planning Department Exhibit 1-Change of Zone application) 2. Objectives: The applicants believe that an office use is appropriate given the increased number of commercial uses in this azea and commercial uses on the adjacent properties. However, as there are residential uses in the general area, the applicants intend to retain and renovate the existing residential structure rather than construct a new building on the site. 3. Timetable: Renovation to commence upon securing all development permits, with projected occupancy by mid to late 2009. 4. Landowners: Akiko K. and Shigeyasu R. Oda Trust. OTHER INFORMATION 5. Proposed CN zoning: Height limit - 40 feet. Setback -front, 15 feet; side yards 8 feet. -1- ATTACH: Crnm. 147 Bill 32 • Landscaping -required on all front yards; side yard requires a screening hedge not less than forty-two inches in height, within five feet of the property line, except for necessary drives and walkways. • Plan approval required. (P.D. Exhibit 2 -Chapter 25, Zoning Code, Division 10, Neighborhood Commercial Districts) STATE AND COUNTY PLANS 6. State Land Use Designation: Urban. 7. General Plan LUPAG Map: Medium Density Urban. 8. County Zoning: RS-10. 9. Hilo Community Development Plan: The Hilo Community Development Plan adopted by Resolution No. 1 on May 21, 1975 designates this area as RM-4. DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA 10. Subject Property: The approximately 22,500 square foot landscaped property is improved with asingle-family dwelling. 11. Surrounding Zoning and Land Uses: The land uses in the area aze a mix of residential and commercial uses. The Big Island Land real estate office is located adjacent to the property to the north and zoned CG-7.5. Adjacent to the property to the south is Durrant Media Five, zoned CN-7.5 in 1998. The Ke Kilohana Oka Malamalama Church is located diagonally across Manono Street to the southwest. Within 500 - 600 feet of the property are single family dwellings and various commercial uses including Freddy's Restaurant, the HGEA office, and the Hilo Hooganji Mission church on the corner of Manono and Piilani Streets. 12. U.S.D.A. Soil Type: Keaukaha extremely stony muck, 6 to 20 percent slopes (rKFD). The Keaukaha Series consists of well drained, thin organic soils over pahoehoe lava bedrock. 13. Land Study Bureau's Productivity Rating: Urban. 14. Noise Impacts: Existing ambient noise includes airport/aviationuse and traffic. To mitigate short-term noise impacts during the construction phase, the applicants state that -2- site work will be limited to daylight hours and on weekdays. 15. Air Quality: The proposed project will not directly impact air quality in the area. Fugitive dust during construction can be mitigated by compliance with the regulations of the Department of Health. 16. FIIZIVI: Zone "X", an area outside of the 500-year flood plain. 17. Coastal Hazard: The property is not an oceanfront parcel, and will not affect, or be affected by shoreline processes. 18. Recreational Resources: The proposed development will not reduce the size of the coastline or other areas used for public recreational uses. 19. Scenic Resources: The project will not affect the line-of--sight towards the ocean or the mountains. 20. Flora/Fauna: As the project site has been improved and is located within an urban environment close to commercial, industrial and residential uses, no professional surveys were conducted of the site. The applicant believes that there are no rare or endangered floral or faunal resources within or proximate to the project site. 21. ArchaeologicaVHistorical Resources: No professional surveys were conducted of the site, due to the history of extensive disturbance. By letter dated October 29, 2008, the applicants have requested a "no effect" letter from the Department of Land and Natural Resources Historic Preservation Division. 22. Cultural or Native Gathering Rights: There is no evidence of any traditional and customary Native Hawauan rights being practiced on the site, nor existence of any known valued cultural, historical or native resources in the area. 23. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the properties. PUBLIC UTILITIES AND SERVICES 24. Access: Access is from Manono Street, a County roadway with aright-of--way of 50 feet fronting the subject parcel. According to the City of Hilo Zone Map, Manono Street is proposed to be widened to a 60-foot right-of--way; thus affecting five feet of properties -3- along Manono Street. The Department of Public Works recommends that access be limited to a single location on Manono Street. 25. Water: County water is available to the property. 26. Wastewater: The project area is serviced by a County sewer system. 27. Solid Waste: Solid waste will be handled by commercial haulers. 28. Essential Utilities and Services: Electricity and telephone services are available to the project site. County fire stations, police and emergency medical services are available to the property. AGENCIES' AND ORGANIZATIONS' COMMENTS 29. Department of Public Works: P.D. Exhibit 3 -December 10, 2008 memo 30. Fire Department: P.D. Exhibit 4 -November 24, 2008 memo 31. Department of Environmental Management: P.D. Exhibit 5 -November 24, 2008 memo 32. Department of Health: P.D. Exhibit 6 -November 24, 2008 memo AGENCIES - NO COMMENTS OR OBJECTIONS 33. Police Department, DLNR Land Division AGENCIES - NO RESPONSE 34. Department of Water Supply, Civil Defense Agency, DLNR Historic Preservation Division, Department of Transportation PUBLIC COMMENTS 35. None as of this writing. -4- ,4 ?SOB orr 29 Rol ? r, 20 ?~NNlrli:; ~t=3~RrMENT ~VUNT`r 0. I ~l~WAll APPLICATION FOR COUNTY REZONING (RS-10 to CN-10) S. RUSSELL AND AKIKO ODA Waiakea Houselots, South Hilo, Hawai i TMK: (3) 2-2-34: 036 Prepared For: S. Russell and Akiko Oda Prepared By: Sidney M. Fuke, Planning Consultant October 2008 Planning Dept. Exhibit / CHANGE` OF ZONE APPLICATION COUNTY OF AAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: APPLICANT'S TE: ~~ Z do ADDRESS: 190 Mamaki Street Hilo Hawaii 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:, PHONE:(Bus.) (808) 935-9358 (Fax) (Res) (808L59-9770 LANDOWNER SIGNA' DATE: /O~~.I~/o p (May be by.letter) LANDOWNER(S) ADDRESS: 190 Mamaki Street Hilo, HI 96720 REQUEST: RS-10 TO CN-10 (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 2-2-34: 036 STREET ADDRESS OF PROPERTY: 533 Manono Street Hilo_ HI 96720 SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 22,500 square feet AGENT: Sidnev M. Fuke, Planning Consultant ADDRESS: 100 Pauabi Street. Suite 212, Hilo. Hawaii 96720 TELEPHONE:(Bus.) (808) 969-1522 (Res.) (Fax) (8081969-7996 Please indicate to whom orianal correspondence and conies should be sent. ORIGINAL: Sidney M. Fuke COPIES: S. Russell Oda ti ATTACHMENT Commercial, RM, Resort, & Industrial PLANNING DEPARTMENT COONTY 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 des, please answer the rest of question I and then to question 3. a• How many acres of the requested area do you intend to subdivide? b. Into what lot sizes? c. if your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you nave no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? No b. Sell or lease the land to someone who has tentative plans? No . c. Sell or lease the land to someone who has no plans? No d- Keep it? Yes e. other (please state) S 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. N/A 3. What specific building plans do you have for the subject land? Include in your answer the following: type of building (apartment, office, launderette, etc.); financing arrangement; timetable for construction; and any other information which you feel might help us in evaluating your request. Renovate the existing dwelling for office use. 4. Have you performed any study which would demonstrate a need for your proposed building and/or development? No if so, please elaborate on your findings in the space provided below. -2- 5• Have you performed any study which discusses the environmental impacts your request would nave 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 planning and environmental report 6. Are there any buildings on the subject area? Yes If so, what kind? Single family dwelling What do you intend to do with those buildings if your request is approved? Renovate the dwelling for office use ~• Is the subject land currently being used for any agricultural activity? No if so, please list the kinds of products grown on and how many square feet or acres of land per product? -3- 1 B• To your knowledge, has there been any flooding and/or drainage problem on the subject area? If so, please describe the problem. 9. Do you think that the roads leading to the subject area needs improvement? If so, what kind? No No Is the road adequate for the proposed traffic volume or load? 10. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? a. Schools b, Roads c. Sewer d. Drainage e. Police Protection f. Fire Protection g, Recreational Facilities h. Recreational Facilities i. yes Yes wo x x x x x x x -4- For those checked "yes," please elaborate what type or kinds of. improvements and/or assistance are needed. 11. Have you performed any historic sites study and/or survey of the subject area? If so, what were the results? Please, also, submit a copy of the study together with this change of zone supplement. No. The site has been improved and used for a residence for over 50 Signature: ~/ Address : 190 Mamaki Street Hilo, HI 96720 Telephone: 959-9770 Date : October 24, 2008 -5- 6338A/SOA P. D. 5/84 COUNTY ENVIRONMENTAL REPORT APPLICATION FOR COUNTY REZONING REQUEST (RS-10 to CN-10) S. RUSSELL AND AKIKO ODA WAIAKEA HOUSELOTS, SOUTH HILO, HAWAII TAX MAP KEY: (3) 2-2-034: 036 INTRODUCTION -The applicants, S. Russell and Aki Oda, own the subject property consisting of 22,500 square feet. They would like to convert the existing single-family dwelling into an office building. As such, they are requesting -the rezoning of the subject site from Single-family Residential (RS-10) to Neighborhood Commercial (CN-10). 11. PROJECT LOCATION The subject site is situated in the Waiakea Houselots in the City of Hilo. It consists of 22,500 square feet and identified by TMK: 2-2-034: 036. More specifically, it is located on the east side of Manono Street, midblock between Piilani Street. and Hualani Street. Adjacent to the site, there is an architect's office - Durrant Media Five - to the south, while a real estate office is located to its north. Both properties are zoned commercial. There are othercommercial uses, a church, and a few residences within 500 feet of the subject property. The si#e has since been graded and leveled. (Figures 1 and 2) A. Project Concept and Components As noted earlier, the applicants would like to convert an existing single-family dwelling into an office that would be either leased or rented to supplement their retirement income. Given the increasing amount of commercial uses in this area and the fact that adjoining properties are both zoned commercial, the applicants believe that office use would be appropriate- However, inasmuch as there are still some residential uses in the general area, the applicants intend to retain and renovate the existing residential structure rather than construct a new building at this time. As proposed herein, the existing 1;134 square foot building -which is currently been rented as asingle-family residence -would be renovated to comply with building code and American with Disabilities Act (ADA) requirements. The structure is setback 40 5 ~~~~~ PAaps ~oa H 19 Kama - M ~ h r ~`"~~ ~.~~ o - I I f ~ f 'M' z' Pv.~ to -•r_ ~ s~ o e 7 a+i '~~,~Fa~>~~ti`~~ s~ ~~s1~'~~'`'~ r f. ~ ~ ._-~ ~ ~c~i a ~ zt i .~d'. ~. ICuavrd S[ } t s ~~ ~"' ~ ?r ~ , 2 + ~"CC.a`~''t+ c~ ° ~ Er+.` a Jl '" ~, ~` h~T` FY ~u-~+~`dr~rt S~`nat+i~v ~ m ~ 5 F ~~.. Y y „;ri~~9.., ~ ~~ s' ~ ~ f tY+ ' <~ ~ Cpiranora st ^F'. t Walloa Rluer a `_ ~~~ C ( ~ +o ~~ + ~ < ~ ~ "t"~Sla 2 ~af~C ~ 'v I - I a v .~ ~r ~ A -c t 't.,: ^` tl 1~ n.~ § $ '4 I F~ t` ~ ~G 1 ~~ L w+a'tk~ Filen 54- `~ Pidanl Si ~. Pipani Sl d1 iTn '~ ;.°'~'~'1 ~~~~1~i u pond ,~~ ` F ~. ~ ,°~~,a ~~t ~~ u~'dzwt~~ mt T ~ '~ k ~4 C t .4 f N ~b F a ~''~ry ~ ~ ~' m .~ ~~ r Aire ~ Y j^ g ~z~ '1 ~ ~ fi t 'w 'wi `~. t~l N' i ~, --.~,alan,?.~.,,,_ _~Huahanl 6l ._,_~ Hualanl ~t ~,~~ t~~+ ~~~itynx4F L. ~` "'^ 7 - ~~ o ~m 1' ~`t ~''vY^ - r e o e T~~ .~, ~an~ r RA fy ~ ~ c'; ~t a3" F~„w y~~?tl tg t i ~ ~ ~ ~ ~ ~_.. b ~ d' 3~t ~ Y~ta~ -"~KekuanaoaSt ~;;~ Keku_anaoaSt ^;;, -KekuanaaaSt~,~ ~o~ KQ .~ ~ ~'h. q ~,t~~mt- 1= ~ -~, ~. 1 Ifallte Si t 4N~'t, 5~ ~I 'm~ ~ ~ 11 -. }l _ I ~~oA@~ ~~ ~ h~ a_~ ~ , L..-1 L-.~ . ~ .__I f ~ ~ ~ ' I-.- _.._~~ 1-,~~,~„~t __ Lellani st t.eilani st - _ ~ ' d f ~m r r', 1 I°~ N`. N ty~ ~~ I tF. l,t Address 533 Manono St GetGoogleMapsonyourphone HIIO, H196720 Textthe xvrd "GMAPS"to 466453 Figure 1 m. '~ 0. _J ~~, ~ E R >y .~ 's~. ~~ Ck. [tLC 5~' ~] J tP( f2V , y {~_ [€:. ~ iiE, '33 ~Ir{I S3i ~F~ a, a ~I- age i n5 ='I f e~Ng=. } 34 tl $€9 Z~ :` 4 a5 ~5 ~~ ~e ;F~ FWD o 24y Mi 9f 1v]d fF1d]d I I \ ~~ gsEg SubiectSite ,,,. ~a~ .~ a~E Y y N A`l ~ 9 ~ °~ <e Figure 2 1, , r n~ l~~ u°u s: L b I 0 +~xx~ a `~i W ``5; s f W iZ~iY r' h I m5 i II i f S ; 5 L. ~; « "s k n <3F~ ~$~~ "~ 3i~ :~: ~.. I ,I N~. e c E ~; y x a+ «~ sii i C~_ ml~p:da(r rri ~~ ~^°S feet from Manono Street and 10 feet from the northern side property line. It is set back more than 100 feet from the rear property line and 60 feet from the south property line. Although less than 5 parking stalls are required for this conversion, the site has sufficient area to accommodate at least 19 stalls. Access would continue to be from Manono Street. Furthermore, since the site is already landscaped, the applicants intend to retain most of them and/or improve upon them. (Figure 3) B. Project Timetable and Cost The applicants intend to secure the balance of the required construction permits and begin making the improvements immediately upon securing all development permits. Hopefully, construction can begin early next year, with occupancy by the mid to latter part of 2009. The applicants estimate the cost of the project to be about $100,000, which includes the cost of the parking area. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject property is designated Urban. As such, a boundary amendment to cover the requested CN-10 zone is not needed. B. County General Plan The County General Plan Land Use Pattern Alloca#ion Guide (LUPAG) map designates the site Medium Density. As such, a General Plan amendment to the LUPAG map would not be required. 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 peracre." The requested zoning and planned uses would be consistent with the uses envisioned within the Medium area. C. Hilo Community Development Plan The Community Development Plan (CDP) attempts to further define 0 0 N N N M A N O N O S T R E E 533 MANONO STREET tax map key: 2-2-034036 .5165 Acreage (22,500 square feet) Property Class: SINGLE-FAMILY RESIDENTIAL Zoning: RS-10 (minimum building site area of .70,000 square feet O~ OWNER: EXISTING SITE PLAN ~ ^ ~ ~ 190 MAMAKI STREET DA SCALE 1'=20' HILO, HAWAII 96720 SCALE IN FEET Fia re3 September 2008 the General Plan and serves as a guide for decision-makers. It was adopted by the Planning Commission 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-10 zoning would allow single and multi-family residential uses. 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. C. County Zoning The County zoning of the requested area is Single-family Residential (RS-90). Over the past ten years, there have been a number of commercial rezonings in this general area, resulting in the commercial zoning of properties on both sides of the subject site. Other rezoning include a 87,500 square foot parcel (Ord. 01- 03} approved on March 31, 2001 that fronts both Manono and Hinano Streets. This site is less than 500 feet to the south. A property on the west side of Manono Street and less than 600 feet south of the subject site was also rezoned to CN-20 in 2006. It is thus clear that this section of Houselots is undergoing a land use transformation from single-family residential to light commercial uses. (See Figure 5) In the event the requested Neighborhood Commercial (CN-10) request were approved, all related land use and development codes such as Plan Approval, parking, landscaping, fire, ADA, and the like would be complied with by the applicants. D. Other Permitting Considerations The site is not Located wRhin 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. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The 22,500 square foot site is rectangular in shape. The site's frontage along Manono Street is 100 feet, with a depth of 225 feet. The subject property is now used as asingle-family residence. If the rezoning is approved, the applicants intend to provide sufficient notice to the tenant and assist with its relocation efforts. B. Climate, Soil and Topography According to the State Commission on 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 median rainfall for this area was 131.1 inches. The wetter months tend to occur between October through April. The average. daily temperature ranges from a minimum of 61 degrees to a maximum of 79 degrees Fahrenheit. Wind patterns are generally tradewinds (easterly) during the day and westerly or mountain winds during the evenings. The property's elevation is approximately twenty (20) feet above mean sea level. It is fairly flat for the most part. 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 Ratinq 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. C. Natural Hazards Drainage The Federal Emergency Management Agency (FEMA) Flood Insurance Ra#e Map (FIRM) identifies the area of the requested zoning to be within Zone X (areas outside of 500- yearflood). There are no existing drainageways on the site: Nonetheless, as there will be an added level of impervious surface resulting from the proposed parking area, there may be an issue relating to potential increased run-off. In that event, drywell(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. 2. Tsunami Hazard The site is located within the Civil Defense's Tsunami Evacuation Zone, as is much of Waiakea Houselots and the government complex at Kaiko'o. Accordingly, during tsunami threats, appropriate evacuation measures must be taken. Given the fact that the proposed use will be for office and not residential, there should be sufficient response time to minimize danger to lives. 3. Volcanic and Earthquake Hazards The United States Geological Survey (USGS) classifies the subject site as Lava Flow Hazard Zone 3, oh a scale of ascending risk, 9 to 1. This designation applies to all of Hilo There is 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 through the evacuation routes and warning systems provided by the County Civil Defense agency. Such notices will be prominently placed within the office building. The entire island of Hawaii falls within Earthquake Zone 4, according to the County Building Code. As such, the renovated structure will have to meet with the more restrictive seismic hazard structural requirements of the Building Code. D. Fauna Resources The applicants do not believe that rare or endangered faunal resources are likely to be found within or proximate to the subject si#e. This is due to the existing residential use and the already developed state of the subject area and its 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. E. Flora Resources As with the description of the site's faunal resources, no professional botanical survey was done of the subject area. The existing landscaping consists of a few older trees, such as a monkey pod and macadamia nut tree, as well as a lawn. The applicants are also in the process of planting podocarpus trees around the perimeter boundary of the property. These are all non-native and non-endangered plants. As such, there should be no adverse floral impacts. F. Historic/Cultural/Archaeological Resources Likewise, no commissioned archaeological survey of the site was made. The historical residential use and accompanying landscaping of the entire site make it less likely to find any archaeological features on the site. Nonetheless, during the course of improving the site, should any unanticipated archaeological features or sites be uncovered, work will cease and the applicants will immediately notify the Planning Department. G. Valued Cultural Resources 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/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. 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 used as a residence with no claims being made to date, 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 applicants intend 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''/a mile from the subject site. The coastline is about a mile away. The proposed development is already connected to the County's sewer system along Manono Street. This should further reduce potential adverse groundwater or nearshore water impacts resulting from this project. Further as noted earlier, prior to the installation or use of any drywells on the site to address on-site drainage concerns, the appropriate UIC permit from the State will be taken. At that time, impacts to water and coastal resources will be carefully examined. I. Noise, Air Quality, 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 primarily along Manono Street. With the traffic, the noise level is relatively high, averaging more than 55 Ldn. The existing landscaping already help mitigate this noise impact. It should be noted, however, as the proposed use would be for an office, the noise impact should not be significant, unlike a residential use. 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 be limited to daylight hours and on weekdays. Contractors will also be required to comply with established State Department of Health guidelines and standards relating to noise and emission controls. The proposed development should not generate any direct air uali impacts. 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 tradewinds. 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, which were the backdrop of Mauna Kea and Hilo Bay. The proposed development would not have any visual impacts on Mauna Kea or Hilo Bay. The view of Mauna Kea in this area is visible from Manono Street. However, because the subject site is located on the east side of Manono Street; any development of this site should not impede or obstruct the views of Mauna Kea from Manono Street. The view of Hilo Bay is somewhat visible from this area. Given the location of the site, however, vehicles traveling along Manono Street should not have this view impeded. Thus, with the existing height of the structure and the location of the site in relation to the views of the significant landmarks, the visual impact should not be significant, if at all. 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-nization" of lots, there are also a number of duplexes. There are also churches, commercial-retail and commercial-ofFce uses, as well as a potato chip manufacturing plant, all within 600 feet of the subject site along Manono Street. The requested rezoning would be generally consistent with the evolving mixture of commercial and residential land use pattern in this area. The properties on both sides of the subject site are zoned for commercial uses. B. Economic Imaacts 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. When completed, the project would provide an opportunity for a small office use to operate in the structure. It is estimated that the size of the office should generate employ between 3-5 persons. 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 of the subject property rises due to the higher commercial use, there could be some fallout to neighboring properties. However, a landowner who wishes to retain the residential use would have the option of dedicating its land for residential use. C. Agriculturallmpacts The subject site has not been used for agricultural purposes for over 50 years. It was and continues to be used residentially. Given the urban setting, the agricultural impacts resulting from this rezoning should not be significant. Vii. INFRASTRUCTURE CONSIDERATIONS A. Road and Traffic The subject site fronts Manono Street. Manono Street is a 2-lane County road which serves as one of several north/south roads in this part of Hilo. It has aright-of-way of 50 feet with a 22-foot wide pavement and graveled shoulders. Manono Street is designated as a "collector" road on the Zoning Map. Such a designation requires a sixty (60) foot right-of-way. The applicants are prepared to set aside five (5) feet of their property to accommodate this designation. This portion of Manono Street is straight. As such, there is adequate sight distance for ingress and egress movements. The applicants, pursuant to the requirements of the Department of Public Works will make the necessary driveway improvements. The applicants do 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 a.m. to 8:00 a.m. and 4:30 p.m. to 5:00 p.m. Client traffic should average no more than 5 movements every 60 minutes during the course of the day. As such, the traffic impacts along Manono Street should not be significant. B. Water Water service to the project site is from the Piihonua well source. There is an existing 5/8-inch meter serving the site from Manono Street. In the event this needs to be upgraded to a 1-inch meter, it will be done by the applicants. As an office, however, the ro applicants do not anticipate water use to exceed two (2} units or 1,200 gallons per day. Should this application be favorably considered, the applicants - if needed -could secure the required water commitments from the Department of Water Supply for this project. C. Wastewater The subject area is serviced by the County sewer system. There is aline fronting Manono Street and the site is already connected to this line. 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 Hawaii. There should be minimal land clearing necessary, as the existing structure will be used. 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. 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 Kapiolani Street, less than 2 miles from the site. Likewise, the nearest fire station would be at Central and Waiakea, both within 2 miles from the subject site. There are also the Kaumana and Kawailani stations, located less than 4 miles away. Emergency medical and paramedical services are also provided from these stations. The Hilo Medical Center is located approximately 3 miles from the site and is managed by a quasi-State entity, the East Hawaii Region of the Hawaii Health System Corporation. This facility is - one of 5 licensed hospitals on the island. it 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 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 Maintenance and Enhancement of Long-Term Productivity The short-term use of the site would probably be the same as the current use, which is limited residential use. This will continue until the full improvements are completed, which will hopefully be mid or late 2009. 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. There will be construction jobs created in the short-term and at least 3-5 full-time equivalent positions created. Relatedly, the project will generate increased tax revenues that can supplement the State and County's fiscal resources. 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 required infrastructure - if needed -will be implemented by the applicants to mitigate potential impacts of this project. 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 resource rz (such as botanical, avifaunal, and archaeological), would not be significant, if at all. C. Mitigative Measures The applicants intend 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. All of these will be done in conjunction with the permitting and permit implementation phases of this project. If needed and/or required, off-site traffic-related improvements at Manono Street fronting the property can be done by the applicants. If any inadvertent archaeological discoveries are made during any construction phase of this project, the Planning Department will be notified and appropriate mitigation will be taken before work is resumed. Additional landscaping, if required, could 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. D. Alternatives to the Proposed Project 1. No Project Under the status quo alternative, the site would remain in its present residential 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. 2. Development Based on Existing RS-10 Zoning Under this alternative, the site could be subdivided into two lots. Based on the Ohana dwelling provision of the Zoning Code, each lot could conceivably support 2 dwellings for a total of 4 dwellings. While that may be possible, residential uses, however, may not be too desirable, due to noise associated with the traffic along Manono Street. 3. Residential Rezoning Another option could be to utilize this site for a denser 13 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 next 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 with more children in this area, given the collector 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 fewer services 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 improvements fronting Manono Street . Then, too, the rezoning would provide an opportunity for a SMALL business to service the 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 alternatives would be more prudent and beneficial than the requested CN-10 zoning alternative. IX. REGULATORY ANALYSIS -County and State Land Use Policies A. General Plan LUPAG Map The General Plan provides for the long-range comprehensive development of the island of Hawaii. It provides direction for balanced growth in the County. is The LUPAG map designates the site Medium Density, a designation that allows the requested CN10 zoning. Accordingly, this request would be consistent with the LUPAG map. It should be noted that none of the interim amendments proposed by the Planning Director involves the subject site. 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. • 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. The County shall strive for an economic climate which provides its residents an opportunity for choice of occupation. • The County shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. IS 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 (Commercial) Goals • Provide for commercial developments that maximize convenience to its users. Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. Policies Commercial facilities shall be developed in areas 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 concertwith 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. • 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 • Commercial 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 provided. 16 • Commercial development shall maintain or improve the quality of the present environment through the consideration of visual, access, landscaping, and other design elements in their development. • Preference shall be given to commercial lands with a reasonably level topography. Discussion If approved, the project would provide needed services to this sector of Hilo. Its location can provide support facilities for other commercial users in this area, as well as the neighboring residential community. Relatedly, all required infrastructures are present or, if not, will be provided by the applicants 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 existing developed residential use, 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 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 will stop and the State DLNR and County Planning Department will be consulted before further activities occur within the affected area. Finally, the existing and any new structure will be renovated and/or built to comply with the Zoning Code standards, such as parking, setback, height, landscaping, and so forth. C. Zonin If the request were approved, the site would be used for office purposes. The structure and improvements would be developed consistent with the Zoning Code. No variances from the Code are anticipated. 1~ 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. 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. 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. This employment opportunity would come without adversely affecting the environment. There is no known wildlife or plant life listed as either endangered or threatened on the subject site. Then, too, because of its historical residential use, 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 applicants prior to occupancy of any portion of the project. These include traffic improvements, and the wastewater and water systems. 18 Furthermore, the provision andlor retention of natural landscaped buffers around the perimeter of and selected portions 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 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 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: • there would be no impact to the area's recreational resources. This is not a shoreline property; • 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; • the project will not affect any scenic and open space resources; • the coastal ecosystem will not be impacted; • there will be more employment opportunities, and hence furthering the economic uses of the site; 19 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 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. 20 ZONING § 25-5-100 Division 10. CN, Neighborhood Commercial Districts. SeMion 25-5-100. Purpose and applicability. The CN (neighborhood commercial) district applies to strategically located centers suitable for commercial activities which shall be of such size and shape as will accommodate a compact shopping center which supplies goods and services to a residential or working population on a frequent need or convenience basis. This district is distinguished from a central commercial district which provides general business and broad services to a city or region. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-101. Designation of CN districts. Each CN (neighborhood commercial) district shall be designated by the symbol "CN" followed by a number which indicates the minimum land azea, in thousands of squaze feet, required for each building site. (1996, Ord: No. 96-160, sec. 2; mtified Apri16, 1999.) Section 25-5-102. Permitted uses. (a) The following uses shall be pemritted in the CN district: (1) Adult day Gaze homes. (2) Automobile service stations. (3) Bed and breakfast establishments, as permitted under section 25-4-7. (4) Boazding facilities, rooming, or lodging houses, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (5) Business services. (6) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. ('n Churches, temples and synagogues. (8) Community buildings, as permitted under section 25-4-11. (9) Convenience stores. (10) Crop production. (11) Day care centers. (12) Dwellings, double-family or duplex, provided that the maximum density shall be one thousand two hundred fifty squaze feet of land azea per rentable unit or dwelling unit. (13) Dwellings, multiple-family, provided that the maximum density shall be one thousand two hundred fifty squaze feet of land area per rentable unit or dwelling unit. (14) Dwellings, single-family. (15) Family child care homes. (16) Farmers markets. When the vending activity in a fanners market involves more than just the sale of local fresh and/or mw produce, plant life, fish and local homegrown and homemade products for more than two days a week, the director, at the time of plan approval, shall restrict the hours of use, maintenance and operations and may require improvements as determined appropriate to ensure its compatibility with the existing character of the surrounding area. (1'n Financial institutions. (18) Group living facilities. (19) Home occupations, as permitted under section 25-4-13. (20) Medical clinics. (21) Meeting facilities. (22) Model homes, as permitted under section 25-4-8. (23) Mortuaries. (24) Museums. (25) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. (26) Offices. 25-69 Planning Dept. Exhibit -Z § 25-5-102 IIAWAI`I CouN'rr CODE (27) Personal services. (28) Photography studios. (29) Public uses and structures, as permitted under section 25-4-11. (30) Repair establishments, minor. (31) Restaurants. (32) Retail establishments. (33) Schools. (34) Telecommunication antennas, as permitted under section 25-4-12. (35) Theaters. (36) Utility substations as permitted under Section 25-4-11. (b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the CN district, provided that a use pemrit is issued for each use: (1) Crematoriums. (c) Buildings and uses normally considered directly accessory to the uses permitted in this section shall also be permitted in the CN district. (1996, Ord. No. 96-160, sec. 2; ratified Apri16, 1999.) Section 2SS103. Height limit. The height limit in the CN district shall be forty feet. (1996, Ord. No. 96-160, sec. 2; ratified Apri16, 1999.) Section 2SS104. Minimum building site area. The minimum building site area in the CN district shall be seven thousand five hundred square feet. (1996, Ord. No. 96-160, sec: 2; ratified Apri16, 1999.) Section 2SS105. Minimum building site average width. Each building site in the CN district shall have a minimum average width of sixty feet. (1996, Ord. No. 96-160, sec. 2; mtified Apri16, 1999.) SeMion 2SS106. Minimum yards. The minimum yards in the CN district shall be as follows: (1) Front and rear yazds, fifteen feet; and (2) Side yazds, none, except where the adjoining building site is in an RS, RD, RM, RCX or V district. Where the side yard adjoins the side yazd of a building site in an RS, RD, RM, RCX or V district, there shall be a side yard which confomrs to the side yard requirements for dwelling use of the adjoining district. (1996, Ord. No. 96-160, sec. 2; ratified Apri16, 1999.) Section 2SS107. Landscaping of yards. (a) All front yazds in the CN district shall be landscaped, except for necessary access drives and walkways, and except for the construction of one single-family dwelling and accessory buildings per lot. (b) Where any required side or rear yazd in the CN district adjoins a building site in an RS, RD, RM or RCX district, the side or rear yard shall be landscaped with a screening hedge not less than forty-two inches in height, within five feet of the property line, except for necessary drives and walkways, and except for the construction of one single-faruily dwelling and accessory buildings per lot. (1996, Ord No. 96-16Q sec. 2; ratified Apri16, 1999; Am. 2005, Ord. No. OS-155, sec. 10.) Section 2SS108. Other regulations. (a) In conjunction with plan approval, the director may require the construction of a continuous eave overhanging the front property line in the CN district. The director may also requre that the eave be of similar height and design in any one block of the CN district. SUPP.1 (1-2006) 25-70 ZoxuaG § 2s-5-108 (b) Plan approval shall be required for all new structures and additions to existing structures in the CN district, except for construction of one single-family dwelling and any accessory buildings per lot. (c) Exceptions to the regulations for the CN district regazdmg heights, building site areas, building site average widths and yazds, may be approved by the director within a planned unit development. (1996, Ord. No. 96-160, sec. 2; ratified Apri16, 1999; Am. 2005, Ord. No. OS-155, sec. 11.) Division il. CG, General Commercial DIStriMS. Section 25-5110. Purpose and applicability. (a) The CG (general commercial) district applies to an azea suitable for commercial uses and services on a broad basis to serve as the cenh~al shopping or principal downtown azea for a city or a region. (b) No CG district shall be established until there is a demonstrated need for such action and no two CG districts shall be established in such relationship to each other that they cannot act as one center and yet are too close together to serve two distinct regions. (1996, Ord. No. 96-160, sec. 2; ratified Apri16, 1999.) Section 255111. Designation of CG districts. Each CG (general commercial) district shall be designated by the symbol "CG" followed by a number which indicates the minimum land azea, in thousands of square feet, required for each building site. (1996, Ord. No. 96-160, sec. 2; ratified Apri16, 1999.) Section 255112. Perwitted uses. (a) The following uses shall be permitted uses in the CG district: (1) Adult day care homes. (2) Amusement and recreation facilities, indoor. (3) Art galleries, museums. (4) Art studios. (5) Automobile service stations. (6) Automobile sates and rentals. ('n Bars, nightclubs and cabarets. (8) Bed and breald'ast establishments, as permitted under section 25-4-7. (9) Boazding facilities, rooming, or lodging houses, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (10) Broadcasting stations. (11) Business services. (12) Caz washing, provided that if it is mechanized, sound attenuated structures or sound attenuated walls shall be erected and maintained on the property lines. (13) Catering establishments. (14) Cemeteries and mausoleums, as pemtitted under chapter 6, article 1 of this Code. (IS) Churches, temples and synagogues. (16) Cleaning plants using only nonflammable hydrocarbons in a sealed unit as the cleansing agent. (1'n Commercial pazlring lots and gazages. (18) Community buildings, as permitted under section 25~-11. (19) Convenience stores. (20) Crop production. (21) Day care centers. 25-71 SUPP.1 (t-2006) DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: December 10, 2008 TO: Daryn S. Arai, Acting Planning Director FROM: Department of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 08-000088) Applicants: S. Russell and Akiko Oda Request: RS-10 to CN-10 Tax Map Key: 2-2-34: 036 We have reviewed the subject application forwarded by your memo dated November 12, 2008 and offer the following comments for your consideration. All development-generated runoff shall be disposed of on site and not directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain. The Zoning Map (Ordinance No. 187) classifies Manono Street as a secondary arterial with an existing right-of-way width of 50 feet fronting the subject parcel. Access to Manono Street shall be limited to a single location and shall conform to Chapter 22, County Streets, of the Hawaii County Code. Based on the proposed zoning, we recommend the applicant provide improvements to the entire frontage along Manono Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, and any required drainage improvements and utility relocation, meeting the approval of the Department of Public Works. The improvements shall be located within the future road widening setback as established by the Planning Department. Install streetlights and traffic control devices as may be required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. Planning Dept. ()i~stions may ba referred to Kally tomes at Pxt A327 EXIIIIJIt ~- y! ~.. 1 ;li I fiF pW..~ LVPILO~,pq~ . t '~ l r i ~9'~ Harry Kim ~•~ ;_ :~~° Darryl J. Oliveira Mayor + v ~ Fire CLief ~ -_~ fit, r `?, -,, rt,7 ++i •; pr+~ Glen P.I. Honda r ._il e.:U Deputy Fire C4ieJ ~ounl:p of ~acYn~f `i HAWAII FIRE DEPARTMENT 25 Aupuni Street Suite 103 Hilo, Hawaii 96720 (808)981-8394 Fax (808)981-2037 November 24, 2008 TO: CHRISTOPHER J. YUEN, PLANNII~IG DIRECTOR " FROM: CxLEN HONDA, DEPUTY FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ 08-000088) APPLICANT: S. RUSSELL AND AKIKO ODA REQUEST: RS-10 TO CN-10 TAX MAP KEY: 2-2-34:36 In regards to the above-mentioned Change of Zone application, the following shall be in accordance: Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required.- Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wal] of the first story is located more than 150 feet from fire department vehicle access as rreasured by an unobstructed route azound the exterior of the building. "EXCEPTIONS: 1 Wlleri buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section maybe modif ed. "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 Dept. Exhibit Hntuni'i CounhJ is nn Equal OpportunihJ Provider and Employer. w Christopher J. Yuen November 24, 2008 Page 2 "3. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire-fighting or rescue operations would-not be impaired. "More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high-piled combustible storage, see Section 81.109. "(c) Width. The- unobstructed width of a fire appazatus access road shall meet the requirements of the appropriate county jurisdiction. "(d) Vertical Clearance. Fire appazatus 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 cleazances or widths required by this section may be increased when, in the opinion of the chief, vertical cleazances 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 fuming azound 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 appazatus. "(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15%) Christopher J. Yuen November 24, 2008 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. ~~--~ GLEN HONDA Deputy Fire Chief JCP:Ipc IRE •' r r i?'C? Harry Kim ~- Mayor "`a' ' `pit ') l i. Bobby Jean Leithead Todd Director Nelson Ho Deputy Otrector Cnnixn~~r u~~t~fu~i`i 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 ' MEMORAND UM Date November 24, 2008 To CHRISTOPHER YUEN, Planning Director From: BOBBY JEAN LEITHEAD TODD, Director ~ V Subject: Change of Zone Application (REZ 08-000088) Applicant: S. Russell and Akiko Oda Request: RS-10 to CN-10 TMK: 2-2-34:36 We have reviewed the subject application and offer the following-recommendations: DEPARTMENT COMMENTS: WASTEWATER COMMENTS: , ( ) o comments ( Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii CounTy Code. ( )Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii County Code. Complete D.E.M. Sewer Extension Application. ( )Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. ( )Other: TECHNICAL SERVICES COMMENTS: 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. (?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 ther suitable diversion programs. (construction and demolition waste is prohibited at all County Transfer Stations. ( )Submit Solid Waste Management Plan in accordance with attached guidelines. ( )Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( )Other. .,_ ._.. . ._ ~c: swD, wwD Panning Dept. ` ` H291~`~' Exhibit ~' " "" ~ r ,0~1~3~ County of Hawaii is an Equal OpporNnity Provider and Employer. ~ ~ ~ ~ " ' '" _ ._ m g O-c F 4•~ras9"•.,~ ~f F :3 ii oQ^. _._ r f,; `~L 4~ Q®.®.NU.Wa~.a CHIYOME L. FUKINO, M.D. Director of Health LINDA LINGLE GOVE ~j R, a, rs¢. i. , s ask ~`Y&e :5?r~ x I r E ~ r ..~ , ~ r'• ll ~ MEMORANDUM DATE: TO: FROM: November 24, 2008 STATE OF HAWAII DEPARTMENT OF.HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 vY Y .f Christopher J. Yuen Planning Director, County of Hawaii Newton Inouye V~1' Acting District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 08-000088) Applicant: S. Russell and Akiko Oda Request: RS-10 to CN-10 TMK: 2-2-34:36 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. 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. Planning Dept. Exhibit ~ ..~ .. 0479"~"~ .~ ., ~ Christopher J. Yuen Page 2 of 2 November 24, 2008 The Department of Health does not have any objections to the proposed change inland uses. However, existing or planned land use activities adjacent to the proposed residential area should be compatible with a residential neighborhood. We recommend that you review all of the Standazd Comments on our website: httu'//hawaii.gov/health/environmental/env-planning/landuse/landuse.html. Any comments specifically applicable to this project should be adhered to. WORD:REZ 08-000088.a[ ;' ROdaREZ.doc-12/ 17/08 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION S. RUSSELL AND AKIKO ODA CHANGE OF ZONE APPLICATION (REZ OS-88) Upon careful 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 request be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Duector 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 applicants are requesting a Change of Zone from RS-10 to CN-10 to convert an existing single-family dwelling into an office building to be leased to supplement the applicants' retirement income. The existing 1,134-squaze foot structure currently used as asingle-family residence will be renovated. The property is of sufficient size to accommodate a minimum of 19 pazking stalls. Existing landscaping will be retained or improved upon. The applicants believe that an office use is appropriate given the increased number of commercial uses in this area and commercial uses on the adjacent properties. However, as there are residential uses in the general area, the applicants intend to retain and renovate the existing residential structure rather than construct a new building on the site. In order to consider an azea for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from RS-10 to CN-10 will conform to the goals, policies and standards of the GeneratPlan 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 wnforms to the goals, policies and standards of the General Plan in that the proposed development will be developed in an area adequately served by necessary services such as water, utilities and transportation systems. The proposed project conforms to the Commercial Development goal which states "provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods." 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 Medium Density Urban on the LUPAG Map. The requested zoning would be consistent with the urban designation on the LUPAG Map for this area of Hilo. The State Land Use designation for the subject property is Urban. The property is designated Urban by the Land Study Bureau's Productivity Rating. The Hilo Community Development Plan (CDP), adopted in 1975, suggests residential uses in this area. However, this area is transitioning to higher density commercial uses. The proposed change of zone would complement the existing commercial land uses already in existence and provide for an orderly development of the azea. The property is located on Manono Street, adjacent to a real estate office to the north and Durrant Media Five to the south. The property is landscaped, and there is a single-family dwelling on the site. The land uses in the azea are a mix of residential and commercial uses. The Big Island Land real estate office is located adjacent to the property to the north and zoned CG-7.5. Adjacent to the property to the south is Durrant Media Five, zoned CN-7.5 in 1998. The Ke Kilohana Oka Malamalama Church is -z- located diagonally across Manono Street to the southwest. Within 500 - 600 feet of the property are single family dwellings and various commercial uses including Freddy's Restaurant, the HGEA office, and the Hilo Hooganji Mission church on the corner of Manono and Piilani Streets. All utilities and services are available to the site. All essential utilities are available to the project site. The project will connect to the existing County sewer system. Solid waste will be disposed of by commercial handlers. The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The project site is located within Zone "X", area determined to be outside the 500-year floodplain. All development generated storm run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. Access to the site is from Manono Street, a County roadway with aright-of--way of 50 feet fronting the subject parcel. According to the City of Hilo Zone Map, Manono Street is proposed to be widened to a 60-foot right-of--way; thus affecting five feet of properties along Manono Street. The Department of Public Works (DPW) recommends that access be limited to a single location on Manono Street. The DPW also recommends improvements to the entire frontage of Manono Street wnsisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation. By letter dated October 29, 2008, the applicants requested a "no effect" letter from the DLNR-HPD. No professional surveys were conducted of the site due to the history of extensive disturbance. No professional flora or fauna surveys were conducted of the site. The applicant does not believe that rare or endangered floral or faunal resources aze on the site as the project site has been improved and is located within an urban environment close to existing commercial uses. 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. There is no record of a designated public access to the shoreline or mountain areas that traverses the site. According to the applicants, no valued cultural, historical or natural resources exist on the property and there is no evidence of any -3- 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, approval of the change of zone request from aSingle- Family Residential (RS-10) to a Neighborhood Commercial (CN-10) zoned district 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- COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. f f~1tr<1ts~Gj ,-Jcf~TJ 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 - 10,000 SQUARE FEET (CN-10) AT WAIAKEA HOUSELOTS, WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-034:036. 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 Houselots, Waiakea, South Hilo, Hawaii, shall be Neighborhood Commercial - 10,000 square feet (CN-10): Beginning at the southwest corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALM" being 623.00 feet South and 9,141.00 feet East and running by azimuths measured clockwise from True South: 1. 180° 00' 100.00 feet along the east side of Manono Street; 2. 270° 00' 225.00 feet along Lot 7, (Grant 8781 to Mrs. Mary Lau On); 3. 360° 00' 100.00 feet along Lot 10 (Grant 8777 to Akira Kazusa); 4. 90° 00' 225.00 feet along Lot I 1 (Grant 8784 to Shozo Murakami) to the point of -1- beginning and containing an area of 22,500 square feet. 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. 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: -2- CGJ.5 RS-1G ~_ Z ~ w O CG-7.5 RS-10 RS-10 HINANO ST RS-10 (-- (n z J Q H ~ (~ _ zg O Q. RS-10 MANONO ST RS-IO CG-7.5 CG-7.5 RS-10 RS-10 n 0 J CG-7.5 CG-7.5 RS-30 RS-10 RS-l0 0 150 300 600 900 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- 10,000 SQUARE FEET (CN-10) AT WAIAKEA HOUSELOTS, WAIAKEA, SOUTH HILO, HAWAII MAP PREPARED BY: COUNTY OF FIAWAI'I, PLANNING DEPARTMENT TMK: 2-2-34:36 DATE: November 7, 2006 (S. Russell and Akiko Oda CG-7.5 CG-7.5 RS-SO RS-10 SINGLE FAMILY RESIDENTAL -10,000 SQUARE FEET (RS-10) TO NEIGHBORHOOD COMMERCIAL - 10,000 SQUARE FEET (CN-W 3 22,500 SQUARE FEET ~ `~ RS-7.5 i V' ,.. ? ~ CN-7.5 t ~ q 88881 ,i. si 623.005 ,j•'l•y;;:; 9,141.00E § ,I., 'HAlAI' CG-Z5 CG 75 r': s 8~ Via. RS-7.5 CAfIIC)1l M Map ILJti) COdaREZ.docd2/i9/08 S. RUSSELL AND AKIKO ODA CHANGE OF ZONE APPLICATION (REZ 08-88) CONDITIONS OF APPROVAL A. The applicants, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. If required by the Department of Water Supply, prior to the issuance of a water commitment, 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 dwelling 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. D. A five-foot future road widening strip along Manono Street shall be delineated on the plans submitted for Plan Approval review. The five-foot wide future road widening section with roadway improvements shall be subdivided and dedicated to the County within five (5) yeazs from the effective date of this ordinance. E. The applicant(s) shall provide improvements to the entire frontage of Manono Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting the requirements of the Department of Public Works. All roadway improvements to Manono Street shall be completed prior to a Certificate of Occupancy. F. All development-generated runoff shall be disposed of on site and shall not be directed towazd any adjacent properties. A drainage study shall be prepazed 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. G. 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. H. If the applicants, successors, or assigns develops residential units on the subject property, the applicants shall make their 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 ofFinal 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 yeazs after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPn. The fair share contribution shall have a combined value of $7,383.36 per multiple family residential unit ($11,506.13 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: I. $3,642.00 per multiple family residential unit ($5,548.46 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. $115.11 per multiple family residential unit ($267.66 per single family residential unit) to the County to support police facilities; 3. $354.08 per multiple family residential unit ($528.66 per single family residential unit) to the County to support fire facilities; -2- 4. $157.81 per multiple family residential unit ($231.45 per single family residential unit) to the County to support solid waste facilities; and 5. $3,114.36 per multiple family residential unit ($4,929.90 per single family residential unit) to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicants 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 I. 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. J. 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. K. The applicants shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. L. 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 aze 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- 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). 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-