Loading...
HomeMy WebLinkAboutCOM 0148.000 2008-2010William P. Kenoi Mayor ~~ ,~,~, Ja.:5,5~1 ~J c~._._...az9.~a~n~ yx;! or ,, CAVntY (iluncl4 ~; %" . '• ~• William T. Takaba .. ManagingDnecror {~ t •'ra'q`11~+ Wally Lau County of Hawaii rlePuh'Manag+ng Director 891 Ululani Sheet Hilo, Hawaii 96720-3982 • (808) 961-8211 • Fax (808) %1.6653 KONA 75.5706 Kuabai Highway, Suih 103 Kailas-Kona, Hawaii %740 (808)329-5226 . Fax (806)326.5663 February 3, 2009 Honorable 1 Yoshimoto, Chairman and Members of the County Council County of Hawaii 333 K7auea Avenue Hilo, HI 96720 Dear Chaimlarr Yoshimoto and Members: State Land Use Boundary Amendment Application (SLU 08-000021) Request: Agricultural to Urban Change of Zone Application (12.EZ OS-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 Tokanaga and PeggyKonanui-Tokunaga Request: RS-30 to CN-10 " Tax Map Key: 2-2-34:88 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 Change of Zone Ordinance No. 06 137 (REZ 709, Docker Ref. No. 91-000003) Change of Zone Ordinance No. 06 138 (REZ 524, Docker Ref. No. 85-000034) Applicant: Samson LLC Request: Amendment to Condition C of Ordinance Nas. 06 137 and 06 138 Tax Man Kev: 7-5-10•oortion 13 As required by Chapter 4, Sec- 6.4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. S'ncerely, P. K of Mayor Enclosures ~ /p cc: Planning Department CAmm: NO. `f'0 County ofHewai'i is an Equal Opportunity l9ovider and Empioyec R@f. TOt Ref. Dars FEB 1~.~7nnQ ~~~ll 33~' County of Hawaii PLANNING COMMISSION Aupuni Center • 101 Pauahi Slrecl, Suite 3 • Hilo, Hawaii 967?U Phone (808)961-8288 • Pax (808)961-874? February 3, 2009 r.. c~ 0 i7 tca 'T The Honorable J Yoshimoto, Chairman C'7 f `- ~ ~' rrt and Members of the County Council i _ ~ r~• County of Hawaii ~ ~ ~~ 333 Kilauea Avenue, 2aa Floor -'~C~ ~ _ " Hilo, HI 96720 '"~ ` .~_~1 ~+ fV I~' ` ;mil r> '~~ U'1 Dear Chairman Yoshimoto and Council Members: ~ c» Change of Zone Application (REZ 08-000087) Applicant: Michael Tokunaga and Peggy Konanui-Tokunaga Request: RS-]0 to CN-10 Tax Map Key 2-2-3488 The Planning Commission, after a duly held public hearing on January I5, 2009, voted to recommend for your approval the proposed legislative bill for a change of zone from a Single Family Residential - 10,000 square foot (RS-10) to a Neighborhood Commercial - 10,000 square foot (CN- ] 0) district for approximately 22,500 square feet of land. The property is located on the southeast corner of Manono and Hualani Streets, Waiakea, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicant requests a change of zone from Single Family Residential - 10,000 square feet (RS-10) to Neighborhood Commercial - 10,000 square feet (CN-10) to relocate the S. Tokunaga Store to the property. The applicants own and operate the S. Tokunaga (fishing supply) Store currently located near the corner of Hoku Street and Kilauea Avenue. Because the current site has some parking and building limitations, and to provide better customer service, the applicants purchased the property to relocate the business to the new site. The proposed 7,176-square foot structure would consist of two stories with an approximate height of 35 feet. The ground level, consisting of 5,128 square feet, would function as the sales area, and the second floor mezzanine consisting of approximately 2,048 square feet, will be used for an office, rest area and additional storage space. Twenty-three full-sized parking stalls, including one ADA-accessible stall, Hawaii Comity is an Equal Opportunity Provider mid Employer The Honorable J Yoshimoto, Chairman and Members of the County Council Page 2 is proposed. The applicant states that setbacks would be 15 feet fronting Manono and Hualani Streets, 18 feet in the rear (south side), and 100 feet in the rear (east side). Hualani Street will serve as the primary access, while Manono Street would be limited to inbound traffic only to accommodate periodic drive-thru patrons. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from 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. Jt 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 Honorable J Yoshimoto, Chairman and Members of the County Council Page 3 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 type uses. The proposed change of zone would complement the existing commercial land uses that already exist in this area and will provide for an orderly development of the area. The property is a vacant, approximately 22,5,00 square foot parcel located on the corner of Manono and Hualani Streets. The parcel was formerly used as asingle-family residence, but the dwelling has since been demolished. The land uses in the area are a mix of residential and commercial uses. Immediately adjacent properties to the east and south are zoned RS-10. The adjacent property to the south is vacant, but there are single- family residences along the eastern boundary and across the street along Hualani Street. Nearby properties are zoned RS-10 and in single-family residential uses. However, there are several parcels zoned Neighborhood Commercial to the south of the property on both sides of Manono Street, including churches, commercial uses, offices, and a potato chip manufacturing plant within 600 feet of the property: • TMK: 2-2-34: 85 and 93 (Ordinance No. 00 031) • TMK: 2-2-34: 84 (Ordinance No. 08 006) • TMK: 2-2-34: 12 (Ordinance No. 06 107) • TMK: 2-2-34: 124 (Ordinance No. 06 124). All utilities and services are available to the site. The project will connect to the existing County sewer system. Solid waste will be disposed of by commercial handlers. The primary access to the project site is proposed from Hualani Street, which has aright- of-way width of approximately 40 feet. The second access from Manono Street would be limited to ingress only. Manono Street, with aright-of-way of 50 feet with graveled shoulders, is designated as a secondary arterial. The City of Hilo Zone Map designates Manono Street as a 60-toot right-of-way. The Department of Public Works (DPW) recommends a) a no access easement be placed along the frontage of Manono Street; and b) provide a minimum 20-foot corner radius at the intersection of Manono and Hualani Streets incorporating future road widening setbacks as established by the Planning Department. The applicants agree to set aside five (5) feet of their property to accommodate the road widening on both streets. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 4 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. By letter dated November 1 l , 2008 the DLNR-HPD has determined that no historic properties will be affected by this project because residential development/urbanization and previous grubbing/grading has altered the land. 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 commercial uses. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management. The project site is not proximate to the shoreline and not located in the SMA. There is no record of a designated public access to the shoreline or mountain areas that traverses the site. According to the applicant, no valued cultural, historical or natural resources exist on the properties 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 a Single 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. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 5 We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, ~~ ov Rodney Watanabe, Chairman Planning Commission Ltokunaga02PC Enclosures cc: Mr. Sidney Fuke MichaelTokunaga & Peggy Konanui-Tokunaga Department of Public Works Department of Water Supply DOT-Highways, Honolulu Lincoln Ashida, Esq., Corporation Counsel !~ BTokunagaREZ.doc-12/15/08 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT MICHAEL and PEGGY-KONANUI-TOKUNAGA CHANGE OF ZONE APPLICATION (REZ 08-871 MICHAEL and PEGGY KONANUI-TOKUNAGA 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 southeast comer of Manono and Hualani Streets, Waiakea House Lots, Waiakea, South Hilo, Hawaii, TMK: 2-2-34: 88. PROPOSED DEVELOPMENT 1. Request/Project Description: Change of Zone from RS-10 to CN-10 to relocate the S. Tokunaga Store to the property. The applicants own and operate the S. Tokunaga (fishing supply) Store currently located near the corner of Hoku Street and Kilauea Avenue. Because the current site has some parking and building limitations, and to provide better customer service, the applicants purchased the property to relocate the business to the new site. The proposed 7,176-square foot two-story structure will be approximately 35 feet high. The ground level, consisting of 5,128 square feet, would function as the sales azea, and the second floor mezzanine consisting of approximately 2,048 squaze feet, will be used for an office, rest area and additional storage space. Twenty-three full-sized parking stalls, including one ADA-accessible stall, is proposed. The proposed setbacks aze 15 feet fronting Manono and Hualani Streets, 18 feet in the reaz (south side), and 100 feet in the rear (east side). Hualani Street will serve as the primary access, while Manono Street would be limited to inbound traffic only to accommodate periodic drive-thru patrons. (Planning Department Exhibit I -Change of Zone application) 2. Timetable/Cost: Construction to commence early 2009, with occupancy by the end of 2009 or early 2010. The estimated cost of the project is in excess of $600,000. 3. Landowners: Michael Atsushi and Peggy Kuuipo Konanui-Tokunaga. -1- ATTACH: Cam. 148 Bill 33 a OTHER INFORMATION 4. Proposed CN zoning: • Height limit - 40 feet. • Setback -front, 15 feet; side yards, 8 feet. • 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 5. State Land Use Designation: Urban. 6. General Plan LUPAG Map: Medium Density Urban. 7. County Zoning: RS-10. 8. 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 9. Subject Property: The property is a vacant, approximately 22,500 squaze foot parcel located on the corner of Manono and Hualani Streets. The pazcel was formerly used as a single-family residence, but the dwelling has since been demolished. 10. Surrounding Zoning and Land Uses: The land uses in the area are a mix of residential and commercial uses. Immediately adjacent.properties to the east and south are zoned RS-10. The adjacent property to the south is vacant, but there aze single-family residences along the eastern boundary and across the street along Hualani Street. Nearby properties aze zoned RS-10 and in single-family residential uses. However, there are several pazcels zoned Neighborhood Commercial to the south of the property on both sides of Manono Street, including churches, commercial uses, offices, and a potato chip manufacturing plant within 600 feet of the property - • TMK: 2-2-34: 85 and 93 (Ordinance No. 00 031) -2- • TMK: 2-2-34: 84 (Ordinance No. OS 006) • TMK: 2-2-34: 12 (Ordinance No. 06 107) • TMK: 2-2-34: 124 (Ordinance No. 06 124) 11. 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. 12. Land Study Bureau's Productivity Rating: Urban. 13. Noise Impacts: Existing ambient noise includes airport/aviation use and vehiculaz traffic. 14. 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. 15. FIRM: Zone "X", an area outside of the 500-yeaz flood plain. 16. Coastal Hazards: The property is not an oceanfront parcel, and will not affect, or be affected by shoreline processes. 17. Recreational Resources: The proposed development will not reduce the size of the coastline or other areas used for public recreational uses. 18. Scenic Resources: The project will not affect the line-of--sight towards the ocean or the mountains. 19. Flora/Fauna: As the project site was previously improved with a dwelling and located within an urban environment close to commercial, industrial and residential uses, no professional surveys were conducted. The applicant believes that there are no rare or endangered floral or faunal resources within or proximate to the project site. 20. Archaeological/Historical Resources: No professional surveys were conducted of the site, due to the history of extensive disturbance. By letter dated November 11, 2008, the Department of Land and Natural Resources Historic Preservation Division (DLNR-HPD) has determined that no historic properties will be affected by this project because residential development/urbanization and previous grubbing/grading has altered the land. 21. Cultural or Native Gathering Rights: There is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of any known -3- valued cultural, historical or native resources in the area. 22. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. PUBLIC UTILITIES AND SERVICES 23. Access: The primary access to the project site is proposed from Hualani Street, which has aright-of--way width of approximately 40 feet. The second access from Manono Street would be limited to ingress only. Manono Street, with aright-of--way of 50 feet with graveled shoulders, is designated as a secondary arterial. The City of Hilo Zone Map designates Manono Street as a 60-foot right-of--way. The Department of Public Works (DPW) recommends a) a no access easement be placed along the frontage of Manono Street; and b) provide a minimum 20-foot corner radius at the intersection of Manono and Hualani Streets incorporating future road widening setbacks as established by the Planning Department. The applicants agree to set aside five (5) feet of their property to accommodate the road widening on both streets. 24. Water: County water is available to the project area. 25. Wastewater: The project azea is serviced by a County sewer system. 26. Solid Waste: Solid waste will be handled by commercial haulers. 27. Essential Utilities and Services: Electricity and telephone services are available to the project site. County fire stations, police and emergency medical services aze available to the property. AGENCIES' AND ORGANIZATIONS' COMMENTS 28. Department of Public Works: P.D. Exhibit 3 -November 25, 2008 memo 29. Department of Water Supply: P.D. Exhibit 4 -November 25, 2008 memo 30. Fire Department: P.D. Exhibit 5 -November 18, 2008 memo 31. Department of Environmental Management: P.D. Exhibit 6 -October 31, 2008 memo 32. DLNR Historic Preservation Division: P.D. Exhibit 7 -November ll, 2008 letter 33. Department of Health: P.D. Exhibit 8 -November 7, 20081etter -a- AGENCIES - NO COMMENTS OR OBJECTIONS 34. Police Department, DLNR Land Division AGENCIES - NO RESPONSE 35. Civil Defense Agency, Department of Transportation, Natural Resources Conservation Service RESPONSE TO AGENCIES' COMMENTS 36. P.D. Exhibit 9 -November 24, 20081etter PUBLIC COMMENTS 37. None as of this writing. -5- ,ours rr o,= Fif~w~a.u APPLICATION FOR COUNTY REZONING (RS-10 to CN-10) MICHAEL TOKUNAGA AND _ PEGGY KONANUI-TOKUNAGA Waiakea Houselots, South Hilo, Hawai i TMK: (3) 2-2-34: 088 Prepared For: Michael Tokunaga Prepared By: Sidney M. Fuke, Planning Consultant Planning Dept. October 2008 Exhibit ~ APPLICANT: CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (-T7y~pe or legibly print the requested infor jm~ation) C11Ge I 1 G ~rl, ~9 /c / ~~24J~/ ~ l~'D /t~ GLGt r - 1 ~ APPLICANT'S SIGNATURE: P-! .` !u ~~ DATE: /D °?IVI~~ LIST APPLICANT'S INTEREST IF NOT LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: 935-6965 Fax 935-5161 PHONE:(Bus.) (Res.) ( ) Michael Tokunaga an Peggy Ronanui-Tokunaga LANDOWNER(S): LANDOWNER SIGNATURE(S): ~ ~---i,ATE: C~ ~' p LANDOWNER(S)ADDRESS: 26 Hoku Str~I~o, HI 96720 RS-10 TO CN-10 REQUEST: (Existing zoning) (Proposed Zoning) TAX MAP KEY: 2 2-34 • 088 STREET ADDRESS OF PROPERTY 619 Manano Stret SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED; 22 , 500 sf AGENT: Sidney Fuke, Planning Consultant 100 Pauahi Street, Suite 212 Hilo, HI 96720 TELEPHONE:(Bus.) 969-1522 (Res. (Fax) 969-7996 Please indicate to whom original correspondence and copies should be sent. Sidne Fuke COPIES: Michael Tokunaga ORIGINAL: Y;; ATTACHMENT Commercial, RM, Resort, & Industrial PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. if your request is approved, do you intend to subdivide 'the subject land in accordance with the approved change of zone? No If yes,. please answer .the rest of question I and then to questioh 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) 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 fox construction; and any other information which you feel might help us in evaluating your request. Develop a small retail building 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? No If so, what kind? What do you intend to do with those buildings if your request is approved? ~• Is the subject land currently being used for any agricultural activity? No if so, please list the kinds of products grown on and how many square feet or acres of land per product? -3- $• To your knowledge, has there been any flooding and/or drainage problem on the subject area? If so, please describe the problem. 9. Do you think that the roads leading to the subject area needs improvement? If so, what kind? Is the road adequate for the proposed traffic volume or load? 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 -4- No No Yes a~ x x x x x x x x 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, inasmuch as the site has been cleared in the past. Signature: ~~" Address : 26 Hoku Street, Hilo, HI~J6720 Telephone: 935-6965 Date : October 23, 2008 -5- 6338A/SOA P. D. 5/84 COUNTY ENVIRONMENTAL REPORT APPLICATION FOR COUNTY REZONING REQUEST (RS-10 to CN-10) MICHAEL TOKUNAGA AND PEGGY KONANUI-TOKUNAGA WAIAKEA HOUSELOTS, SOUTH HILO, HAWAII TAX MAP KEY: (3) 2-2-034: 088 I. INTRODUCTION The applicants, Michael Tokunaga and Peggy Konanui-Tokunaga, recently purchased the subject property consisting of 22,500 square feet with the intent of relocating their family operated fishing supply store, S. Tokunaga Store, located near the intersection of Hoku Street and Kilauea Avenue to this site. As such, they are requesting the rezoning of the subject site from Single-family Residential (RS-10) to Neighborhood Commercial (CN-10). II. PROJECT LOCATION The subject site is situated in Waiakea Houselots in the City of Hilo. It consists of 22,500 square feet and is identified by TMK: 2-2-034: 088. More specifically, it is located on the southeastern corner of Hualani Street and Manono Street. 'The Atebara Potato Chip factory is located approximately 400 feet to the south along Manono Street. It is presently vacant of any structures, having recently been demolished. The site has since been graded and leveled. (Figures 1 and 2) A. Project Concept and Components As noted earlier, the applicants currently own and operate a fishing supply store called S. Tokunaga Store located generally on the corner of Hoku Street and Kilauea Avenue. Because of their desire to improve customer service, the applicants searched for another site. The current site has some parking and building limitations. The subject site was selected and purchased, due in large part to its proximity to the ocean and resultant convenience to the applicants' patrons. As proposed, the 7,176 square foot structure would consist of 2 stories, with an approximate height of 35 feet. The second floor would be a mezzanine consisting of 2,048 square feet This area would be used for an office, rest area, and possibly additional Address 619 IVlanono St 1 Hilo, HI 96720 Maps rJ Get Google Maps on your phone Textthe word "GMAPS"to 466453 i ~~~~~.~ ` 4` s Waialama ~~~~ . ~ ~ r g g~ ~ ~ f C ~ w ~ ~, ~ Canal~ ~~ ,~~ ~,~,~ ' " ~ ~ 4 ~ sM4€ ^Fd iGT9wSLS CY + ~k^~ 4~ ~k €~L"~vy'h3 C ~ y ~~"'~'~ ~ `~Vtl a River ~~~~ ~ ~ tl ~ a o *, State Pack ~ ~ ~ b ~ ~: ~ ~~~ ~ ` A~ ~ ~ s " ~ a ~ t 4 I ~ , i q g -a ~ ~ ~ ~, a ~ ~~~ - ~ ~ i ;' ~ 1 ~ m E ~~ ~~ ~ ~ ~ ` ~a_~~+~pt..ss...A ~ I .. IFf '. i tom{ tr~tra~% k~i: r TMK: (3) 2-2-34: 088 figure 1 __ __ 'Ia _ _ .. NM i0 u IA ~~~ i~ eE,y a d 3 ~ n e 3 of ~~ yi n~ .2 `e'~ 3 ~ g- 1 a v Y 1 PL ~/T 3j PiiL N Ov nm io ^> z" y ° ~ ~ a . a I N p ~ ~~~ yet ± }~_~ ~ i .! ~ 3 eSa~ . F ± }tee ~ td ~r8 . '~ ° y , N u 'Y ~~ J 2J , ~_ ~~ ~ --, b i I . w y ~ t it>; ~ I .fu~M E O ~ ~~. ~ ~F r PLAT ~~ i^ ^~ P ~~ bo ~l ~di __ nQ o~ 3t fix; ~\ y'i i TMK:'{3) 2-2-34:088 ~; ~' ' Figure 2 , 4 L I s`£~R. ~t.£'6~''. u'i -i. ja- b W O tat x3c ~ g~3 iii ~ `s~ Se i ;~ "~= ~ ~, 'a> . I z:~ t:s a g~ Y storage. The ground level, consisting of 5,128 square feet, would function as the sales area. Two accesses are being proposed, with Hualani Street being the primary one. Manono Street would be limited to inbound traffic only to accommodate periodic drive through patrons. At the existing store, a number of the applicants' patrons, particularly the "seniors' and "handicapped", phone in their orders. Deliveries are then made to their vehicles upon arrival at the store's parking lot. As such, the applicants want to enhance this type of service by providing this drive through feature. It would enable these and other "short order" customers to pay and pick up their orders without stepping out of their cars. The plan reflects 23 full-sized parking stalls, inclusive of one,(1) handicapped stall. Setbacks would be 15 feet from Manono and Hualani Streets_ The setback running along the south side of the property would be approximate-y 18 feet, whereas the eastern boundary would be in excess of 100 feet, inclusive of the proposed parking area. (See Figures 3 and 4). B. Project Timetable and Cost The applicants intend to secure the balance of the required construction permits and begin making the appropriate infrastructure improvements immediately upon securing all development permits. Hopefully, construction can begin early next year, with occupancy by the end of 2009 or early 2010. The applicants estimate the cost of the basic infrastructure and on- site improvements to be in excess of $600,000. This cost would include site preparation, wastewater and other related infrastructure improvements. 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 Allocation Guide I I I i I I ~ ~ ~ I dN d N ~ n N ~ '{ I(1 N I~ i W ~ ~ I a ~ o I ' Q. o Q ~ [n ' I LL o , ' w az r-, gz I 1 3 3 -21 1 S 6 N O N d W Indwnra do d'Aa-~ _ .o-s[ _ _,oom[ - V 3 n 8 9 x I t x Y l d § .o-.re .o-sc .o-uc s-s .. .o-sc ~ 6T W I ~ Y I ~ ~ ~ s I ~ ~ ~ 9 s i 9 ~ ?o. 3 ~ 6IY § ry3~€ z I w ~ -~---- -- ~ ~ I ~° b I ~ ~ < ~ , LL J Z I N I 1 9 I ~ ~ i I ~~ 1= ' ~~ ~ I ~ o ~ ~ ~ o; ~ I ~ ~ W °~ ° ~ I .o-,a< ~ < .v I I t ~ ~~ ~ I I ~ _ ~ I ~~ ~ ~ ~ ~~ ~ I ~§ ~~ ~ ~ I ,~ ~ I ~ I ~ ~~ ~ ~ ~ ~ ~ I ` ~~ ~ 1 , ~ ~ I ~- ~ I ~ ~ ~ ,_ ~ ~ ~ ~ I I I ~ I. ~ I~ ~- - - - - - J I ~. ,d ~ r a n v x x t 1 x 'Y .t I ~ ( __ }- - - _ - - _ _ -Frsare~~~~ __- __ i W W F- Z a a z g a 0 as § .` ~IN .o-.re .. - .o-.oi s.s .o-.L .o-,LC w ~~ ?~ U N ~ ~ ~ Z O 3 ~ . O LL w Z2_ N Y N W E .R.L 9l .9'.61 b x 3 o ~ 0 C J LL N Z _ p ~ Z ? ' n a ~ ~ ~ W E H Z O ~~+ ~ W ? J W ,. ., : .:.. ,e 1~O ~ F ~ g W 3 O Figure 4 (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 per acre. 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 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'a 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-70 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. On February 24, 1998, a CN-7.5 rezoning (Ord. 98-15) was approved for a 22,500 square foot parcel located on the east side of Manono Street, less than 300 feet north of the subject site. Then, on March 31, 2001, a CN-10 rezoning (Ord. 01-03) was approved for a 67,500 square foot area that fronts both Manono and Hinano Streets. This site is less than 200 feet to the south. A property on the west side of Manono Street and less than 400 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 within the County Special Management Area (SMA). As such, no SMA Use Permit would be required. However, as noted earlier, other construction-related permits would still be required. These would be of the "ministerial" variety, such as Plan Approval, grading permit, building permit, driveway permit, Department of Health clearances, and the like. 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, whereas the Hualani Street frontage is 225 feet. The subject property was formerly used as asingle-family residence. Due to its decrepit state, the dwelling was demolished. The site is presently cleared and leveled. 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 past37 years, the annual mediari 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. 4 i i ~/ C 7.5 CG 7.5 C 7-5 ~ V-.T3 C 7-@ - CG-7.5 C 7.5 OPEN a - a ~ N RS }D R fD - s_ R z - ?0 - -- - z o ' W E Civ<Z5 y ~ ~ ~57.$ rr LLLL "S Y,-.75 RS i0 R 7D RS .f 0 ~015T - Y-.15 - ~ R5~10 :10 R 10 SINFsLE•FAMILY RESIDENTIA (RS-10} 70 NEi[3HBORHOODCOMMER IAL CN-20) R iD ' za,oon sa. Fr. R -fD - -. CN-10 RS-f0 ~ CG2D CG7.5 ~ RS-10 ==_T_ ~-3 .. ~-- ~ CN-ZO \ ' 1,463tl05 o 0 y 'RS-0D ~: .,CG20 'r V-.75 "NALA "~+. CN-f0~ (. ., CG 7.5 ' CAq. R f0 10 1(E1N HAOA T gt A3.75 ~ Rb$75 R -1D RS 10 UN - ~ F ML-2D ML-20 ~ ~ 's ~ a to Y ~~ o - C 1 - a z_ RD 7.75 R 1D R 1 -. J R ML-20 . • , a ~ 0.3. -' ~ RD-3.]5 RS-iD R5 f0 R -10 380 ~ 190 0 380 7fi0 1140 1520 19Feet 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 (RS-10) TO NEIGHBORHOOD COMMERCIAL (CN-20) AT WAIAKEA, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII K 2-Z-034:-013 Date: Februa 9.200 Subject Site. p~ Also Commercially Zoned TMK: (3) 2-2-34: 088 Fieure 5 (Hirayama Brothers Electriq Ino.:1795) The property's elevation is approximately twenty (20) feet above mean sea level. It is fairly flat for the most part. There is, however, about a 3-4 foot drop between the subject site and the adjacent property to the east. The applicants intend to-fill this section and support it with a retaining wall. Other than that, there are no perceptible topographic or geologic constraints on the subject site. The U.S. Department of Agriculture Soil Conservation Service (now known as the Natural Resource Conservation Service) Land Study Bureau Overall Master Productivity Rating designates this site Keaukaha Series (rKFD), which is extremely rocky muck, well drained, thin organic soils overlying pahoehoe lava bedrock. Runoff is medium, and the erosion hazard slight. Because the site is part of a built up urban area, the University of Hawai i Land Study Bureau Overall Master Productivity. Rating map does not classify this site and immediate surrounding areas. Likewise; the site is not classified under the Agriculture Lands of Importance to the State of Hawaii (ALISH) classification system. Thus, the State's classification system does not recognize this site as being agriculturally important. C. Natural Hazards 1. Drainage The Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) identifies the area of the requested zoning to be within Zone X (areas outside of 500- yearflood). There are no existing drainageways on the site. Nonetheless, as there will be an added level of impervious surface resulting from the proposed development, there may be an issue relating to potential increased run-off. In that event, dnnnrell(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 uses will be for retail and not residential use, 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, on 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 office building. The entire island of Hawaii falls within Earthquake Zone 4, according to the County Building Code. As such, all structures built on the site will have to meet with the more restrictive seismic hazard structural requirements of the Building Code. D. Fauna Resources The applicants do not believe that rare or endangered faunal resources are likely to be found within or proximate to the subject site. This is due to the already developed state of the subject area (and the fact that the site has recently been graded) and its immediate surrounding area. Due to the developed state of this area, the faunal resources should be somewhat typical of other developed areas. One may thus find bird species such as the Spotted Dove, Japanese White- eye, House Finch, Common Myna, and the like. Domestic animals such as cats and dogs, and other animals like rats and mongoose are also common. None of these are endangered animals. As such, it is unlikely that the development of this property would cause any adverse faunal impacts. E. Flora Resources As with the description of the site's faunal resources, no professional botanical survey was done of the subject area. In recent historical times, the site was used residentially. The area has been recently graded, and there is no discernible vegetation on the-site. Accordingly, there should be no adverse floral impacts. F. Historic/Cultural/Archaeological Resources Likewise, no commissioned archaeological survey of the site was made. The recent clearing makes it less likely to find any archaeological features on the site. Nonetheless, during the course of improving the site, should any unanticipated archaeological features or sites be uncovered, work will cease arid 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 cleared, it would appear highly unlikely that the site would serve such purpose today. In the unlikely event that legitimate gathering claims are made by native Hawaiians, the 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 Y< mile from the subject site. The coastline is about a mile away: The proposed development will connect 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. 1. Moise, 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 and, to some extent, Hualani Street. With the traffic, the noise level is relatively high, averaging more than 55 Ldn. To mitigate this noise to the project, the applicants plan to install appropriate landscaping along the frontages of the property and to the sides. It should be noted, houvever, as the proposed use is commercial and not residential, the noise impact should not be significant, if at all. 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 are a few examples cited for the Hilo area. The most notable are the backdrop of Mauna Kea and the 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 somewhat visible from Manono Street. However, because the subject site is located on the east side of Manono Street, the views of Mauna Kea would not be impeded at all from Manono Street. The view of Hilo Bay is barely visible from this area. Given the location of the site, vehicles traveling along Manono Street should not have this view impeded. Thus, with the planned 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 overly pronounced, if any. VI. SOCIAL AND RELATED CONSIDERATIONS A, Surrounding Land Uses The surrounding land uses in this area are a mixture of low to moderately dense residential and commercial uses. While there are a number of single-family residences, with the "ohana-nization" of lots, there are also a number of duplexes. There are also churches, commercial, offices, and a potato chip manufacturing plant 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. While the property south of the subject site is vacant, there are single-family residences along the eastern boundary and across the street along Hualani Street. As such, mitigative measures will be taken. These measures deal principally with landscaping, lighting, and access. B. Economic Impacts The requested zoning would have some measure of economic impact, as it would provide short-term employment opportunities for those in the construction and related industries. When completed, there may be a potential for additional employment due to a projected increase in sales. Tentatively, it is anticipated that at least 5 full-time equivalent jobs would either be retained and/or generated by this project. 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 is intent on keeping its property for residential use would have the option of dedicating its land for residential uses. C. Aariculturallmpacts The subject site has not been used for agricultural purposes for over 50 years. It was used residentially until recently when the residence was demolished. 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 and Hualani 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 io Public Works, will make the necessary driveway improvements to accommodate inbound or ingress movements only. The principal driveway with full movements will be from Hualani Street. Unlike Manono Street, Hualani Street functions more like a local street. Its right-of-way width is 40 feet. As such, the applicants are prepared to relinquish 5 feet of its property along this frontage. However, like Manono Street, Hualani Street is straight and as such, does not have any sight distance issue. 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, including use of the drive through, should average no more than 10 movements every 60 minutes during the course of the day. As such, the traffic impacts along Manono and Hualani Streets 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, will be done by the applicants. The applicants do not anticipate water use to exceed two (2) units or 1,200 gallons per day. Should this application be favorably considered, if necessary, the applicants intend to 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. As such, the applicants intend to have the project connect to the County's 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. As the site is completely cleared, there should be no land clearing material that needs to be disposed of. For the construction phase of this project, efforts will be taken by the contractor to minimize ~i 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. 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. The short-term use of the site would probably be the same as the current use, which is open space. This will continue until the full improvements are made, which will hopefully be near the end of 2009 or early 2010. 12 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 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 resources (such as botanical; avifaunal, and archaeological), would not appear to be significant. 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. Off-site traffic-related improvements at Manono Street and Hualani Street fronting the property will also be provided, if needed and/or required. If any inadvertent archaeological discoveries are made during any phase of this project, the Planning Department will be notified and appropriate mitigation will be taken before work is resumed. Landscaping will also be incorporated within the project site, as well as along its boundaries. The landscaping would be consistent with the Planning Department's landscaping rules. D. Alternatives to the Proposed Project 1. No Project Under the status quo alternative, the site would remain in its 13 present vacant, cleared use. Under this scenario, the site would not be utilized to its highest and best use, as envisioned by the General Plan and the commercial and residential growth of the general area. 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 traffic along Manono Street. 3. Residential Rezoning Another option could be to utilize this site for a denser residential project. While that would still be consistent with the General LUPAG's map Medium Density designation, it may not be too feasible, given its location next to a major connector road and possible 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 quality and safety factors (i.e., with children playing 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 and Hualani 14 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 a-ternative. 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. 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 pertinentones 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. 15 • 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. • 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 lahd 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 concert with a localized program of public and private capital improvements to meet the expected increased needs. 16 • Distribution of commercial areas shall be such as to best meet the demarids 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. • 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 is ideal to service commercial and recreational fishermen, given its proximity to the ocean and the collector road function of Manono Street. Relatedly, all required infrastructures are there 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 prior residential use and current cleared status, archaeological, floral, or faunal concerns should not be significant, if at all. Relatedly, although there may be a potential for some endemic birds to visit this area, the development of this site i~ 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, all structures will be built to comply with the Zoning Code standards, such as parking, setback, height, landscaping, and so forth. C. Zoning If the request were approved, the site would be developed into a fishing supply store. The structure and improvements would be developed consistent with the Zoning Code. No variances from the Code are anticipated. D. Hawaii State Plan Chapter 226, Hawaii Revised Statutes, outlines the long-range goals and policies of the Hawaii State Plan. Said Plan is intended to serve as a guide for the growth and future long-range development of the State. 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. ~a 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 and the fact that the site has been cleared and leveled, the likelihood of finding archaeological features on the site is quite remote. Impacts to the surrounding areas would also not be significantly adverse. All required infrastructures will be in place by the applicant prior to occupancy of any portion of the project. These include traffic improvements, and the wastewater and water system. Furthermore, the provision and/or retention of natural landscaped buffers around the perimeter of and selected portions 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 19 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; • 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. zo Zorrtrra § 25-5-100 Division 10. CN, Neighborhood Commercial Districts. Section 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 Apri16, 1999.) Section 25-5-101. Desigrration 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, requued for each building site. (1996, Ord. No. 96-16Q sec. 2; ratified Apri16, 1999.) Section 25-5-102. Permitted uses. (a) The following uses shall be permitted in the CN district: (1) Adult day care homes. (2) Automobile service stations. (3) Bed and breakfast establishments, as permitted under section 25-4-7. (4) Boazding facilifles, rooming, or lodging houses, provided that the maximum density shall be one thousand two hundred fifty square feet of land azea per rentable unit or dwelling unit. (5) Business services. (6) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. ('~ 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 square feet of land area per rentable unit or dwelling unit. (13) Dwellings, multiple-family, provided that the maximum density shall be one thousand two hundred fifty square feet of Lmd 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 farmers market involves more than just the sale of local fresh and/or raw produce, phmt life, fish and local homegrown and homemade products for more than two days a week, the duector, 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 chazacter of the surrounding azea. (1~ Financial institutions. (18) Gtoup 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) Musemns. (25) Neighborhood parks, phtygrounds, tennis courts, swimming' pools, and similar neighborhood recreational areas and uses. (26) Vices. 25-69 Planning Dept. Exhibit ~. § 25-5-102 I-lAwAt`t Colnsrr ConE (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 permit is issued for each use: (1) Cremazorimns. (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 255103. Height limit. The height limit in the CN district shall be forty feet. (1996, Ord No. 96-160, sec. 2; ratified Apri16, 1999.) Section 25-5104. Minimum building site arts. The minimum building site azea in the CN district shall be seven thousand five hundred square feet. (1996, Ord No. 96-160, sec. 2; ratified Apri16, 1999.) Section 255105. 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, sea 2; ratified Apri16, 1999.) Section 25-5106. Minimum yards. The minimum yards in the CN district shall be as follows: (1) Front and reaz yards, fifteen feet; and (2) Side yards, none, except where the adjoining building site is in an RS, RD, RM, RCX or V district. Where the side yard adjoins the side yard of a building site in an RS, RD, RM, RCX or V district, drere shall be a side yard which conforms to the side yard requirements for dwelling use of the adjoining district. (1996, Ord. No. 96-160, sec. 2; mtified Apri16, 1999.) Section 255107. Landscaping of yards. (a) All front yards 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 reaz yard 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-family dwelling and accessory buildings per lot. (1996, Ord. No. 96-160, sea 2; ratified Apri16, 1999; Am. 2005, Ord. No. OS-155, sec. 10.) Section 255108. Otber regulations. (a) 1n conjunction with plan approval, the director may requve the construction of a continuous eave overhanging the front property line in the CN district. The director may also require that the eave be of similar height and design in any one block of the CN district. SUPP.1 (1-201)6) 25-70 ZoN>rrc § 25-5-108 (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 ]ot. (c) Exceptions to the regulations for the CN district regazding heights, building site areas, building site average widths and yazds, may be approved by the dvector within a planned unit development. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999; Am. 2005, Ord. No. OS-155, sec. 11) Division 11. CG, General Commercial Districts. Section 255110. 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 central 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 aze too close together to serve two distinct regions. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999) Section 25-Slll. 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 25-5112. Permitted uses. (a) The following uses shall be permitted uses in the CG district: (1) Adult day caze homes. (2) Amusement and recreation facilities, indoor. (3) Art galleries, museums. (4) Art studios. (5) Automobile service stations. (6) Automobile sales and rentals. (~ Bars, nightclubs and cabarets. (8) Bed and breald'ast establishments, as pernitted 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) Car 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 permitted 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 pazl:ing lots and garages. (18) Community buildings, as permitted under section 25-4-11. (19) Convenience stores. (20) Crop production. (21) Day care centers. 25-71 SUPP.1 (1-2006) DEPARTMENT OF PUBLIC WORKS ~a-~` ~ " ~''~" t~ `' T COUNTY OF HAWAII `'~ ~ ` t' ~ ~ ;``s HILO, HAWAII r~~c,,+yy. -~" ' `"~ ~`' ~ ~~' DATE: November 25, 2008 I/Lelll~lZ~61lL TO: Christopher J. Yuen, Planning Director FROM: ~ Dep ment of Public Works SUBJECT: 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: 088 We have reviewed the subject application forwarded by your memo dated October 29, 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 shalt 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 ±o 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 property. We recommend a no access easement be placed along the frontage of Manono Street. Hualani Street is classified as a collector with an existing right-of-way width of 40 feet. The applicant shall provide a minimum 20-ft corner radius (property line) at the intersection of Manono and Hualani Streets incorporating any future road widening setbacks as may be established by the Planning Department. Based on the proposed zoning, we recommend the applicant provide improvements to the entire frontage along Manono and Hualani Streets consisting of, but not limited to, pavement widening with concrete curbs, gutters and sidewalks, drainage improvements, and any required utility relocation, meeting the requirements of the Americans with Disabilities Act and the approval of the Department of Public Works. Streetlights and traffic control devices shall be installed as required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. Questions may be referred to Kelly Gomes of our Engineering Division at ext. 8327. Planning Dept. Exhibit `3 ~ ~7 ~ ~': DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII 345 KEKUA NAO'A STREET, SUITE 20 HILO, HAWAII 96720 ,~ TE LE PHONE (808)961-8050 FAX (808)961-8657 ~:}:~ eye r/0 November 25, 2008 =`'~ 1 eu TO: Mr. Christopher J. Yuen, Planning Director ~° Planning Department ~? ~-- FROM: Milton D. Pavao, Manager _~2 e-" _~ _r .'? ~,. r~F '"'=~s ::- a~a .may ` -: SUBJECT: CHANGE OF ZONE APPLICATION (REZ 08-000087) APPLICANT -MICHAEL TOKUNAGA AND PEGGY KONANUI-TOKUNAGA REQUEST: RS-10 TO CN-10 TAX MAP KEY 2-2-034:088 We have reviewed the subject application and have the following comments and conditions. Water is available from an existing 8-inch waterline within Manono Street and also from an existing 6-inch waterline within Hualani Street. There is an existing 1-inch service lateral installed to the parcel capable of accommodating a 5/8-inch meter, which is limited to a maximum daily usage of 600 gallons. The Department has no objection to the proposed change of zone application subject to the applicant understanding and accepting the following conditions: 1. The Department requests that the applicant submit estimated maximum daily water usage calculations, prepared by a professional engineer licensed in the State of Hawaii, for review and approval. The water usage calculations should include the total estimated maximum daily water usage in gallons per day and the estimated peak flow in gallons per minute. Based on the water usage. calculations provided, if a 5/8-inch meter cannot accommodate the estimated demand, a larger or additional meter will need to be installed and remittance of the prevailing facilities charge, which is subject to change, will be required. If a 5/8-inch meter can accommodate the estimated demand, then the applicant may utilize a 5/8-inch meter. 2. The proposed zoning will require the installation of a reduced pressure type backflow prevention assembly, within five (5) feet of the meter on private property. If a larger or additional meter is required, a backflow prevention assembly will also be required for that meter. The installation of the backflow prevention assembly(s) must be inspected and approved by the Department before water service can be activated. 3. Subject to other agencies' requirements to construct improvements within the road right-of--way fronting the property affected by the proposed development, the applicant shall be responsible for" ° ~ ,~ / Planning Dept Y" ... I/UaEer drin~~ rroc~reaa~hibit f~~-~ qs`~ The Department of Water Supply is an Equal Opportunity provider and employer. To fle a complaint of discrimination, wn e: irector.OfOce of Civil .... Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW, Washington DC 20250-9410. Or call (202) 720-5964 {voice and TDD) ...... . .. Mr. Christopher J. Yuen, Planning Director Page 2 November 21, 2008 the relocation and adjustment of the Department's affected water system facilities, should they be necessary. Please be informed that the existing 8-inch waterline within Manono Street is looped and therefore adequate to provide 2,000 gallons per minute for fire protection, as required per the Department's Water System Standards. Should there be any questions, please contact Mr. Finn McCall of our Water Resources and Planning Branch at 961-8070, extension 255. yours, Pavao, P.E. FM:dfg copy - Mr. Michael Tokunaga and Mrs. Peggy Konanui-Tokunaga ®A r! J 5 ,,.1Y Or yq Y ~ L ~,L':~ Harry Kim ~ ~ .... Darryl J. Oliveira MaYOr Fire Chief •,i :;:;°.°.:~>° Glen P.I. Honda . O, N• ',`~~puty Fire Chief <. .. ,.. .. _, _. ~our~tp of ~~Ybaf `f HAWAII FIRE DEPARTMENT 25 Aupuni Stree[ Sui[e 103 Hila, Hawaii 96720 (808) 981-8394 Fax (808) 981-2037 November 18, 2008 TO: CHRISTOPHER J. YUEN, PLANNING DIRECT(iR FROM: DARRYL OLFVEIRA, FIRE C:°,IIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ 08-000087) APPLICANT: MICHAEL TOKUI~IAGA AI`1D PEGGY KONANUI-TOK[.TIvTAGA REQiJEST: RS-10 TO CN-10 TAX MAP KEY: 2-2-34:88 [n reg€lyds to the above-mentioned Change of Zone; the following shall be in accordance Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "Sec. 10.20'7. (a) General. Fire apparatus access roads snail be provided and maintained in accordance with the provisions of tins section. "(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than I5.0 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: I. When buildings are corripletely protected with an approved automatic fue sprinkler system, the provisions of this section may be modified. " 2. W}ten access roadways cannot be installr~~ due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 1Q301 (b). Planning Dept. ~ ~ r1 ~ ~j ~4 ~~.,P~~~F,,~ Exhibit S _ ~q~~ Hmuni'i Counhy is nn Equnl Opportunity Praoider nttA Employer. Christopher J. Yuen November 18, 2008 Page 2 " 3. When there aze 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 maybe 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 apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. "EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical cleazance. "(e) Permissible Modifications. Vertical cleazances or widths required by this section may be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. "(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all- weather driving capabilities." (20 tons) "(g) Turning Radius. The fuming radius of a fire apparatus access road shall be as approved by the chief " (45 feet) "(h) Turnarounds. All dead-end fire appazatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning 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 apparatus. "(j) Grade. The gradient for a fire appazatus access road shall not exceed the maximum approved by the chief." (15%) Christopher J. Yuen November 18, 2008 Page 3 (k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including pazking 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 ali premises upon which buildings or portions of buildings are hereafter constructed, in accordance with the respective county water requirements. There shall be provided, when required by the chief, on-site fire hydrants and mains capable of supplying the required fire flow. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. "The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207. ~-_ ARR OLIVEIRA Fire Chief JCP:Ipc Harry Kim 't008 te~'J 13 Mayor A~ 1 ~, . ~~ ;;~,Nf~iiN~~, DES ~RTMENT ~17v(\i i Y ~~ L'{~~r~~~ Bobby Jean Leithead Todd Director Nelson Ho Deputy Director C~nun#>~ of ~ttfirt~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 : October 31, 2008 To CHRISTOPHER YUEN, Planning Director [~ From: BOBBY JEAN LEITHEAD-TODD, Director //~~ Subject: Change of Zone Application (REZ 08-000087) Applicant: Michael Tokunaga and Peggy Konanui-Tokunaga Request: RS-10 to CN-10 TMK: 2-2-34:88 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: ,/ii.,-it~31iJ~~ y•r~ 1~...,r,.jlr~`t 5~ 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 tra nsfer stations, or other suitable diversion programs. ( ?Gt Construction and demolition waste is prohibited at all County Transfer Stations. (fie) Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the departm ent on current status. ( ) Other: annmg ep . _ ~~~l~~tr~~ `, - ~c: swD, wwD Exhibit ~ ~YZ 3 ~ ~~o! , ~ ~~a otl CounTy of Hawaii is an Equal Opportunity Providerand Employer, 9•~ dd,,~~ p ;,fin,{ ~ ~( ~ U s3 3 017'._~-._ .............._-..._._.._._.._. Harry Kim Mayor Bobby Jean Leithead-Todd Director Nelson Ho Deputy Director LL17~T1T1~1 XYl ~2~Al1~CYrY DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Stree[ • Hilo, HawaPi 9672D-0252 _ (808) 961-8083 • Fax (808) 961-8086 September 14, 2007 SOLID WASTE MANAGEMENT PLAN Guidelines INTENT AND PURPOSE This is to establish guidelines for reviewing solid waste management plans, for which special conditions are placed on developments. The solid waste management plan will be used to: (1) encourage recycling and recycling programs, (2) predict the waste generated by the proposed development to anticipate the loading on County transfer stations, landfills and recycling facilities, and (3) predict the additional traffic being generated because of waste and recycling transfers. REPORT The consultant's report will contain the following: Description of the project and the potential waste it may be generating: i.e. analysis of anticipated waste volume and composition. This includes waste generated during the construction and operational phases. Greenwastes will be included in this report for both construction grubbing and future operational landscape maintenance. 2. Description and location of the possible sites for waste disposal or recycling. We will not allow the use of the County transfer stations for any commercial development; commercial development as defined under the policies of the Department of Environmental Management Solid Waste Division. 3. Since the bepartment of Environmental Management promotes recycling, indicate onsite source separation facilities by waste stream; i.e. source separation bins of glass, metal, plastic, cardboard, aluminum, etc. Provide ample and equal space for rubbish and recycling. 4. Identification of the proposed disposal site and transportation methods for the various components of the waste disposal and recycling system, including the number of truck traffic and the route that truck will be using to transport the waste and recycled materials. Solid Waste Management Plan Guidelines Page 2 of 2 5. The report will include any impacts to County waste and recycling facilities, and the appropriate mitigation measures. All recommendations and mitigation measures will be addressed. 6. Description of the waste reduction component that analyzes techniques to be employed to achieve a reduction goal. Analysis will be based on the highest potential use or zoning of the development. REQUIREMENTS AND CONDITIONS A solid waste management plan will be done for all commercial developments, as defined under the policies of the Department of Environmental Management, Solid Waste Division. 2. We will require the developer to provide or resolve all recommendations and mitigation measures as outlined in the report; besides any conditions placed on the applicant by the Department of Environmental Management. 3. A licensed environmental or civil engineer will draft and certify the solid waste management plan. If you have need additional information, please contact Michael Dworsky, P.E., Solid Waste Division Chief at 808-961-8515. CONCUR: Bobby Jean Leithead-Todd DIRECTOR 10/13/03 Revised 09/14/07 Hawaii County is an Equal Opportunity Provider and Employer. 3 Y ~•~~ LINDA L11ryry~~T t ~ ul ~, 1 i + I GOVERNOR r}~M,HAwAn - ~ e# ' $ ~'\.. I ~ e ~'I J s` ~ ~i. l c J~ a.. LAURA H. THIELEN CHANPERSON 60AIt00F LPM1rVJO NATURAL RESOURCES COFIMLSSION ON WgnA RESOURCE M4NpGEMENi RUSSELL Y. TSVII FNST VEPUIV KEN C. KAWAIiARA DEPUTY O@ECtC10.- WR1£0. AQUATIC PESOVRCFS BOATWG/.ND OCEAN PECREATION BUREAU OF CONVEYANCES COMM6SION ON WATER RESOURCE MANAGEMENT CONSERVATION MD COASTAL IANO$ C ONSE0.VATION ANO RESOURCES ENFORCEMENT ENG P'EERWG FORESiI(Y AND WODL6E Insrouc eRFSFxvpnoN 1WICOL4WE6LAM1 RESERVE COMMISSION LNJU sTATEegxRs November 11, 2008 STATE OF HAWAH DEPARTMENT OF LAND AND NATURAIm RESOURCES STATE HISTORIC PRESERVATION DIVISION- 601 KAMOKILA BOULEVARD, ROOM 555 KAPOLEI, HAWAII 96707--~ '' Christopher J. Yuen, Planning Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-4224 Dear Mr. Yuen: SUBJECT: Chapter 6E-42 Historic Preservation Review - LOG NO: 2008.4944 DOC NO: 0811MD13 Archaeology Request for Comment on a Change of Zone Application (REZ OS-000087) Waiakea Ahupua'a, South Hilo District, Islaud of Hawaii TMK: (3) 2-2-034:088 Thank you for the opportunity to comment on the aforementioned project, which we received on November 7, 2008. We understand that this project will involve a change of zone (RS-10 to CN-10) and construction of a new two-story structure and associated parking and other improvements. We also understand that the previously existing house on this parcel was demolished prior to the applicant's purchase of the property, after which the site was cleared and graded. We determine that no historic properties will be affected by this project because ^ Intensive cultivation has altered the land ® Residential development/urbanization has altered the land Previous grubbing/grading has altered the land ^ An accepted archaeological inventory survey (AIS) found no historic properties ^ SHPD previously reviewed this project and mitigation has been completed ^ Other: In the event that historic resources, including human skeletal remains, cultural materials, lava tubes, and lava blisters bubbles are identified during the construction activities, all work needs to cease in the immediate vicinity of the find, the find needs to be protected from additional disturbance, and the State Historic Preservation Division, Hawaii Island Section, needs to be contacted immediately at (808) 933- 7650. If you have questions about this letter please contact Morgan Davis at (808) 933-7650. Aloha, ~~~ i~~ Nancy McMahon, Deputy SHPO/State Archaeologist and Historic Preservation Manager ~°--° - ~-- _.,_ State Historic Preservation Division s '~ '~, ~~+ 't', ~ T Planning Dept. _ ,~~t ~' Exhibit `" ''b' ~ ~~ ~`'S ~ «., ' LINDA LINGLE o~°~ GOVERNOR .,~~~ . ~959ha q N X008 ~nU l y o~ ~ ~i2 ~ L [s .Y' P~"~NI ~, f~1Ca L`I _~'AR i MENT ~ ~ ~,r7r~;:~;,~° ~~ ~OUNi'Y Oi- HAWPJI STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: TO: FROM: November 7, 2008 Christopher J. Yuen Planning Director, County of Hawaii Newton Inouye ~" Acting District Environmental Health Program Chief CHIYOME L. FUKINO, M.D. Director o! HeaIN SUBJECT: 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 Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." 1. The contractor must obtain a noise pennit 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 _~_ 0 ~,~ly ~ ~ ~~~~~ Christopher J. Yucn Page 2 of 2 November 7, 2008 We recommend that you review all of the Standard Comments on our website: http://hawaii.~ov/health/environmental/envplannina/landuse/landuse html. Any comments specifically app]icable to this project should be adhered to. 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. The subject project is located within or near proximity to the County sewer system. All wastewater generated shall be disposed into the County sewer system. WORD:REZ 08-000087.a[ SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 rt `' 't= ~,°~~n~ +r `N ~'~~ • Plannin Variance • Zonin Telephone: (808) 969-1522 • Fax: (808) 969-7996 t~~! ` ~ ^ l1 r ~t~ .E l ~ • Subdivision • Land Use Permits E-mail sidfuke@hawaiiantel.net iTtr •Environmental Reports November 24, ZQtlbl lttl'r ~ ~ if 3~ ~ 1 Mr. Christopher Yuen, Director County Planning Department 101 Pauahi Street Hilo, Iiawai i 9672(? Deaz Mr. Yuen: Subject: Rezoning Application (REZ U8-OflU087) -Michael Tokunaga Thank you for providing. me with a copy of agency comments to date:: In response to these comments, we note the following: a. The Police Department slid not express any "traffic and/or public safety concerns"; b. The State Department ofl.and Natural Resources - Historic Preservation Divisio determined that "no historic properties will be affected" by the project due to the previous alteration on fire property, c. Relative to the County Department of ~nvironmetrtal Management's comments, please note that.the site has already been cleared and as such, the only waste material would be associated with the cottstructian of the project. Ana' construction-related waste will be disposed off by the comractor at the authorized County landfill. If necessary, as is common for projects of this nature requiring a rezosring, a Solid Waste Management Plan can be prepazed and submitted for the DEM's approval prior to issuance of a building permit or occupancy petanit. d. Relative to the State Department afHealth's comments, the applicant will instruct its contractor to comply with the noise and air emission standards of the Department of Health during the construction Abase of this project. As the project will be the retail sales of fishing and related supplies, noise and air emission should not be an issue. We trust that the above adequately responded to the continents. If not or if there are further questions ar comments, please feel free to contact me. Thank you very much. Sincerely, SIDNEY Planning Consultant y ~'~y v * ',", Copy-Mr.Michael Tokunagawlenclosures Planning Dept. EXI71~JIt ~~ (} ~'r, ~'w~~' RTokuna~aR F7.doa-12/15/08 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION MICHAEL AND PEGGY-KONANUI-TOKUNAGA CHANGE OF ZONE APPLICATION (REZ 08-87) 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 Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant requests a change of zone from Single-Family Residential 10,000 square feet (RS-10) to Neighborhood Commercial 10,000 square feet (CN-10) to relocate the S. Tokunaga Store to the property. The applicants own and operate the S. Tokunaga (fishing supply) Store currently located near the corner of Hoku Street and Kilauea Avenue. Because the current site has some pazking and building ]imitations, and to provide better customer service, the applicants purchased the property to relocate the business to the new site. The proposed 7,176-square foot structure would consist of two stories with an approximate height of 35 feet. The ground level, consisting of 5,128 squaze feet, would function as the sales area, and the second floor mezzanine consisting of approximately 2,048 squaze feet, will be used for an office, rest area and additional storage space. Twenty-three full-sized parking stalls, including one ADA-accessible stall, is proposed. The applicant states that setbacks would be 15 feet fronting Manono and Hualani Streets, 18 feet in the reaz (south side), and 100 feet in the rear (east side). Hualani Street will serve as the primary access, while Manono Street would be limited to inbound traffic only to accommodate periodic drive-thru patrons. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from 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 standazds 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 azea 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 19'75, suggests residential uses in this azea. However, this azea is transitioning to higher density commercial type uses. The proposed change of zone would complement the existing commercial land uses that already exist in this area and will provide for an orderly development of the area. -2- The property is a vacant, approximately 22,500 square foot pazcel located on the corner of Manono and Hualani Streets. The parcel was formerly used as asingle-family residence, but the dwelling has since been demolished. The land uses in the area are a mix of residential and commercial uses. Immediately adjacent properties to the east and south are zoned RS-10. The adjacent property to the south is vacant, but there are single- family residences along the eastern boundary and across the street along Hualani Street. Nearby properties are zoned RS-10 and in single-family residential uses. However, there are several parcels zoned Neighborhood Commercial to the south of the property on both sides of Manono Street, including churches, commercial uses, offices, and a potato chip manufacturing plant within 600 feet of the property: • TMK: 2-2-34: 85 and 93 (Ordinance No. 00 031) • TMK: 2-2-34: 84 (Ordinance No. 08 006) • TMK: 2-2-34: 12 (Ordinance No. 06 10 ~ • TMK: 2-2-34: 124 (Ordinance No. 06 124) A11 utilities and services are available to the site. The project will connect to the existing County sewer system. Solid waste will be disposed of by commercial handlers. The primary access to the project site is proposed from Hualani Street, which has aright-of--way width of approximately 40 feet. The second access from Manono Street would be limited to ingress only. Manono Street, with aright-of--way of 50 feet with graveled shoulders, is designated as a secondary arterial. The City of Hilo Zone Map designates Manono Street as a 60-foot right-of--way. The Department of Public Works (DPW) recommends a) a no access easement be placed along the frontage of Manono Street; and b) provide a minimum 20-foot corner radius at the intersection of Manono and Hualani Streets incorporating future road widening setbacks as established by the Planning Department. The applicants agree to set aside five (5) feet of their property to accommodate the road widening on both streets. 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 -3- generated storm run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. By letter dated November 11, 2008 the DLNR-HPD has determined that no historic properties will be affected by this project because residential development/urbanization and previous gnxbbing/grading has altered the land. 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 commercial uses. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The project site is not proximate to the shoreline and not located in the SMA. There is no record of a designated public access to the shoreline or mountain areas that traverses the site. According to the applicant, no valued cultural, historical or natural resources exist on the properties 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. 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 ORDINANCE NO. STATE OF HAWAII BILL NO. AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS-10) TO NEIGHBORHOOD COMMERCIAL - 10,000 SQUARE FEET (CN-10).AT WAIAKEA HOUSELOTS, WAIAKEA, SOUTH H1L0, HAWAII, COVERED BY TAX MAP KEY 2-2-034:088. 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 a galvanized iron spike and ahu at the southwest corner of this lot and the northwest corner of Lot 3, and on the east side of Manono Avenue, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Halai"being 1,063.0 feet south and 9,141.0 feet east, as shown on Government Survey Registered Map No. 2566, and running by true azimuths: 180° 00' 100.0 feet along the east side of Manono Avenue to a galvanized iron spike and ahu; 2. 270° 00' 225.0 feet along the south side of Hualani Avenue to a galvanized iron spike and ahu; 3. 360° 00' 100.0 feet along Lot 2 to a galvanized iron spike and ahu; -1- 4. 90° 00' 225.0 feet along Lot 3 to the point of beginning and containing an area of 22,500 square feet, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which maybe adverse to the public health, safety and welfaze; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declazed invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: 2- RS-10 RS-10 7~~~ CG-20 C6 7.5 RS-10 RS-10 HI N RS-10 RS-10 RS-10 H (n z RS-7.5 J CG 7.5 Q CN-7 5 . RS-10 RS-10 RS-7 5 RS-10 . MANONO ST CG 7.5 RS-10 RS-10 RS-10 RS-10 RS-10 CN 20 RS-10 RS-10 RS-10 R -10 CG .5 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 HAWAII, PLANNING DEPARTMENT TMK: 2-234:89 DATE: October 28, 2008 NO ST RS-10 RS-10 C -20 SINGLE FAMILY RESIDENTAL -10,000 80UARE FEET (R5-10) TO NEIGHBORHOOD COMMERCIAL - 10,000 SOUARE FEET (CN-10) tlE r I ~" s n ' 22,500 SQ UARE FEET y~ t ~. ~yt €'. ~ y`i ir.: F !sr s~{ ' I ~ ,. `'~ist " ~ ~~ t 1,063.05 r s , ~ 9,141.0 E ) ~~ t -NALAI' t *}i srt f f ~ ~ , : CN 20 ~ * +h As J.y: l..".6,_ ei A EXHIBIT..A,. o.~~,.~a~~ ~~~~~~ayoa~~„ Peggy Konanui-Tokunaga: Map 1255) CTokunagaREZ.doc-12/19!08 MICHAEL AND PEGGY KONANUI-TOKUNAGA CHANGE OF ZONE APPLICATION (REZ 08-87) CONDITIONS OF APPROVAL A. The applicant(s), successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, and a water commitment deposit in accordance with the "Water Commitment Guidelines Policy" to the Department of Water Supply within 180 days from the effective date of this ordinance. C. Construction of the proposed development shall be completed within five (5) years from the effective date of this ordinance. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. D. A five-foot future road widening strip along Manono Street and Hualani Street shall be delineated on the plans submitted for Plan Approval review. The five- foot wide future road widening sections 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 and Hinano 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 and Hinano Street shall be completed prior to a Certificate of Occupancy. F. Access shall be from Hualani Street, meeting with the approval of the Department of Public Works. No access shall be allowed from Manono Street. G. The applicant(s) shall provide a minimum 20-foot comer radius at the intersection of Manono and Hualani Streets. H. All development-generated runoff shall be disposed of on site and shall not be directed toward 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. I. 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. If the applicant(s), successor(s), or assign(s) develops residential units on the subject property, the applicant(s) shall make its (their) fair shaze contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval. The fair share contribution for each lot shall be based on the actual number of residential units developed. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three yeazs after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a combined value of $7,3$3.36 per multiple family residential unut ($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 shaze contribution per multiple family residential unit (single family residential unit) shall be allocated as follows: 1. $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- 2. $115.11 per multiple family residential unit ($267.66 per single family residential unit) to the County to support police facilities; $354.08 per multiple family residential unit ($528.66 per single family residential unit) to the County to support fire facilities; 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 applicant may contribute land and/or construct improvementslfacilities 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. K. 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. L. 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 requiremem shall be approved by the Administrator of the Office of Housing and Community Development prior to final plan approval. M. The applicant(s) shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. N. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: -3- The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant(s), successors or assigns, and that aze not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 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 yeaz may be extended for up to one additional yeaz). 5. If the applicant(s) 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-