HomeMy WebLinkAboutCOM 0362.000 2008-2010
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William P. Kenoi William T. Takaba
Mayor Managing Director Wally Lau
+i 6;,4* Deputy Managing Dlreclor
County of Hawaii
891 Ululant Street • Hilo, Ifawai`i 96720-3982 • (808) 961-8211 Fax (808) 961-6553
KONA. 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740
(808) 329-5226 Fax (808) 326-5663
May 11, 2009
Honorable J Yoshimoto, Chairman 3
and Members of the County Council r ' -mac
County of Hawai `i
333 Kilauea Avenue _ u t
Hilo, HI 96720
Dear Chairman Yoshimoto and Members:
v7
Change of Zone Application (REZ 09-000092)
Applicant: Beth-An and Cary Nishijima
Request: RS-10 to MCX-20
Tax Map Key: 2-2-35:1 and 103
Change of Zone Application (REZ 09-000090)
Applicant: Dr. Trevor Rodrigues
Request: RS-10 to MCX-20
Tax Map Key: 2-2-50:43
Change of Zone Application (REZ 09-000091)
Applicant: Estrella C. Acasio
Request: RS-10 to MCX-20
Tax Map Key: 2-2-35:6
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.
Sincerely,
William P. Kenoi
Mayor 3 No. Comm. r-c;-
Enclosures Ref. To:
cc: Planning Department Ref. 1)ate MAY 2 0 9009
<diIt
MtV oI
a+~r
County of Hawaii
PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720
Phone (808) 961-8288 Fax (808) 961-8742
May 11, 2009
The Honorable J Yoshimoto, Chairman
and Members of the County Council
County of Hawaii
333 Kilauea Avenue, 2" d Floor
Hilo, HI 96720 - - 1- r
u-s
Dear Chairman Yoshimoto and Council Members: -73
Change of Zone Application (REZ 09-000092)
Applicant: Beth-An and Cary Nishijima -
C.n
Request: RS-10 to MCX-20
Tax Map Key: 2-2-35:1 and 103
The Planning Commission, after a duly held public hearing on May 1, 2009, voted to recommend
for your approval the proposed legislative bill for a change of zone from a Single Family
Residential - 10,000 square feet (RS-10) to an Industrial Commercial Mixed - 20,000 square feet
(MCX-20) district for approximately 22,820 square feet of land. The property is located along
the northeast corner of the KekuanaW a Street-Laukapu Street intersection, diagonally across
from the Big Island Candies complex, Waiakea, South Hilo, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the change of zone:
The applicants are requesting a change of zone from Single-Family Residential
10,000 square feet (RS-10) to Industrial-Commercial Mixed 20,000 square feet (MCX-
20) to relocate the Noris Saimin and Snacks Restaurant to the site. The proposed two-
story structure will be approximately 35"feet high, with the first floor to be used for the
restaurant, and the second floor for office and storage space. The applicants currently
operate a restaurant and snack shop (Noris Saimin and Snacks) in a rented space at 688
Kino`ole Street. Due to their desire to improve customer service and operate on their
own property, the applicants searched for another site to relocate their restaurant. The
current site has limited parking and visibility. The new site was selected due to its
proximity to the airport, greater visibility and convenience to restaurant and snack
(omiyage) shop patrons.
Hawai `i County is an Equal Opportunity Provider and Employer
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 2
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must also be considered as they may have an impact on similar areas in the
County.
The Change of Zone request from a Single-Family Residential 10,000 square feet
(RS-10) to the Industrial-Commercial Mixed (MCX-20) zoned district will conform to
the goals, policies and standards of the General Plan Economic and Land Use Elements.
The General Plan is intended to be used as a policy guide for the coordinated growth and
development of all sectors of the County. It sets forth goals, policies, standards and
courses of action to accommodate growth without congestion, to designate and preserve
the lands needed for residential use, commercial and visitor services, industry, agriculture
and open space, and to coordinate these uses with the County's service and circulation
systems. 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 project will be developed in an area adequately served by necessary
services such as water, utilities, sewers and transportation systems. The applicants are
requesting an Industrial-Commercial mixed zoning. The proposed project conforms to
the Land Use - Industrial sub-element which states that "Industrial development shall be
located in areas adequately served by transportation, utilities and other amenities."
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 Industrial
on the LUPAG Map. This industrial designation includes uses such as manufacturing and
processing, wholesaling, large storage and transportation facilities and light industrial
uses. The MCX zoning would be consistent with the Industrial 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 and the Land Study Bureau's Productivity Rating
for the project site is Urban. The Hilo Community Development Plan (CDP) adopted in
1975 suggests the retention of residential uses in this area. However, this area is
transitioning to commercial and light industrial uses. The advantage of this area is its
close proximity to water, air transportation terminals, harbor facilities, commercial and
residential population of Hilo. The proposed change of zone would complement the
existing industrial and commercial land uses that already exist in this area and will
provide for an orderly development of the area.
The MCX zoning designation was created when the Zoning Code was amended in
1996. In accordance with Section 25-5-130, Hawaii County Zoning Code, this district
would allow a mix of light industrial and commercial uses. The intent is to provide for
areas of diversified businesses and employment opportunities by permitting a broad range
of uses, without exposing non-industrial uses to unsafe and unhealthy environments.
The project site consists of two contiguous parcels. Parcel 1 is a 12,820-square
foot rectangular corner parcel with an approximately 81-year old dwelling and a carport.
Parcel 3, adjacent to Parcel 1 to the east, is a vacant 10,000-square foot property. There is
a rock wall around the perimeter of the two parcels fronting Kekuanao`a Street and
Laukapu Street.
The land uses in the immediate area are a mix of commercial, industrial and
residential uses. Immediately adjacent properties to the north and east are zoned RS-10
and in single-family residential use. Commercial and/or industrial uses nearby include
Big Island Candies (zoned General Commercial) located diagonally across Laukapu
Street to the west. Across Kekuanao`a Street to the southeast is a property zoned
Neighborhood Commercial (CN). The Atebara Potato Chip factory, quilt shop, various
office uses, church, the County Department of Water Supply, and IEG Federal Credit
Union are located in close proximity to the site.
All utilities and services are available to the site. Parcel 1, located on the corner
of Laukapu and Kekuanao`a Streets, currently has access from Laukapu Street. Adjacent
Parcel 103 to the east has legal access from Kekuanao`a Street. The applicants would be
willing to provide their share of roadway improvements by foregoing five feet of the
project site fronting both streets. To facilitate traffic flow in and out of the site, two
entrances are proposed, one on Kekuanao`a Street, and the other on Laukapu Street.
These entrances would be situated as far as reasonably possible from the intersection.
The Zoning Map classifies Kekuanao`a Street as a secondary arterial with an existing
right-of-way width of 40 feet fronting the subject parcels. Laukapu Street is classified as
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 4
a collector with an existing right-of-way of 40 feet. The DPW recommends no access, or
limited access from Kekuanao`a Street.
The Department of Public Works (DPW) recommends full improvements to the
entire frontage along Kekuanao`a Street and Laukapu Street consisting of, but not limited
to, pavement widening with concrete curb, gutter and sidewalk along with any utility
relocation. The DPW further recommends that the applicants provide a minimum 20-foot
property line radius at the intersection of Kekuanao`a and Laukapu Streets within the
future road widening setbacks. Both recommendations will be included in the conditions
of approval.
County water is available to the site. The project will connect to the County's
sewer line. Solid waste will be handled by commercial haulers. If required, a Solid
Waste Management Plan will be prepared. Electricity and telephone services are
available to the site.
The project site has no severe geological or topographical problems which cannot
be rectified or which would render the land unusable. The properties are located within
Zone "X", area determined to be outside the 500-year floodplain. All development
generated stone run-off shall be disposed of on-site and not allowed onto adjacent
properties or roadways.
As the properties are developed, no professional archaeological survey was
conducted of the site. By letter dated February 20, 2009, the applicants requested a letter
of no effect from the DLNR Historic Properties Division (HPD). As of this writing, no
response has been received from the DLNR-HPD. The applicants have stated that should
any archaeological features or sites be discovered during the development of this project,
work will immediately cease and the Planning Department will be notified. No
professional flora or fauna surveys were conducted, as the applicants do not believe that
rare or endangered floral or faunal resources are on the improved site. The properties are
located in an urban setting close to existing industrial and commercial uses and fully
developed with a single-family dwelling and carport.
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 5
The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to
Coastal Zone Management. The properties are not located in the Special Management
Area. The project site is located more than one mile from the shoreline and will not be
impacted by coastal hazard and beach erosion. There is no record of a designated public
access to the shoreline or mountain areas that traverses the properties. According to the
applicants, 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 findings, approval of this change of zone request from a
Single-Family Residential (RS-10) to an Industrial-Commercial Mixed (MCX-20)
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),
Chapter 25 (Zoning Code) of the Hawaii County Code is transmitted.
We are enclosing copies of the staff Background and Planning Director's Recommendation for
your information.
Sincerely,
Rell Woodward, Chairman
Windward Planning Commission
Lnishijima02PC
Enclosures
cc: Mr. Sidney Fuke
Beth-An and Cary Nishijima
Department of Public Works
Department of Water Supply
Department of Land & Natural Resources-HPD
DOT-Highways, Honolulu
Lincoln Ashida, Esq., Corporation Counsel
BNi"j6WREZ.doc-4/16/09
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
BETH-AN AND CARY NISHIJIMA
CHANGE OF ZONE APPLICATION (REZ 09-92)
BETH-AN and CARY NISHIJE%IA have submitted an application for a Change of Zone
from Single-Family Residential - 10,000 square feet (RS-10) to the Industrial-Commercial Mixed
20,000 square feet (MCX-20) district for approximately 22,8 20 square feet of land. The property
is located along the northeast corner of the Kekuanaoa Street-Laukapu Street intersection,
diagonally across from the Big Island Candies complex, Waiakea Houselots la` series, Waiakea,
South Hilo, Hawaii, TMK: 2-2-35: 1 and 103.
PROPOSED ACTION
1. Request: Change of zone from RS-10 to MCX-20 to allow the relocation ofNoris
Saimin and Snacks Restaurant to the site. The proposed two-story structure will be
approximately 35 feet high, with the first floor to be used for the restaurant, and the
second floor for office and storage space. (Planning Department Exhibit 1- Change of
Zone application)
2. Reasons for the Request: The applicants currently operate a restaurant and snack shop
(Noris Saimin and Snacks) in a rented space at 688 Kinoole Street. Due to their desire to
improve customer service and operate on their own property, the applicants searched for
another site to relocate their restaurant. The current site has limited parking and visibility.
The new site was selected due to its proximity to the airport, greater visibility and
convenience to restaurant and snack (omiyage) shop patrons.
3. Landowners: Beth-An and Cary Nishijima.
STATE AND COUNTY PLANS
4. State Land Use Designation: Urban.
5. General Plan LUPAG Map: Industrial.
6. CountyZoning: RS-10.
7. Hilo Community Development Plan: The Hilo Community Development Plan adopted
ATTACH.: Corm. 362
Bill 87
by Planning Commission Resolution No. Ion May 21, 1975 identifies the area as RS-10.
8. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies
within the Coastal Zone Management area.
9. Special Management Area: The SMA is a part of the Coastal Zone Management
Program regulated by the County. The project site is located more than one mile from the
shoreline and is not in the SMA.
DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA
10. Subject Property: The project site consists of two contiguous parcels. Parcel 1 is a
12,820-square foot rectangular comer property with an approximately 81-year old
dwelling and carport. Parcel 3, adjacent to Parcel 1 to the east, is a 10,000-square foot
property and is vacant. There is a rock wall around the perimeter of the two parcels
fronting Kekuanaoa Street and Laukapu Street.
IL Surrounding Zoning and Land Uses: The land uses in the immediate area are a mix of
commercial, industrial and residential uses. Immediately adjacent properties are zoned
RS-10. Commercial and/or industrial uses nearby include Big Island Candies on land
zoned General Commercial (CG-20) located diagonally across Laukapu Street to the west.
Across Kekuanaoa Street to the southeast is a property zoned Neighborhood Commercial
(CN). The Atebara Potato Chip factory, quilt shop, various office uses, church, the
County Department of Water Supply, and IEG Federal Credit Union are located in close
proximity to the site.
12. U.S.D.A. Soil Type: Keaukaha extremely stony muck, 6 to 20 percent slopes (rKFD).
The Keaukaha Series consists of well drained, thin organic soils over pahoehoe lava
bedrock.
11 Land Study Bureau's Productivity Rating: Unclassified.
14. Noise Impacts: Existing ambient noise includes airport/aviation use, traffic, wind and
foliage. Short-term noise impacts associated with the project will be temporary with
compliance to all applicable State rules governing construction noise abatement.
15. Air Quality: The proposed project should not directly impact air quality in the area.
Fugitive dust during construction can be mitigated by compliance with the Department of
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Health's regulations. The only impact to air quality would be associated with vehicular
traffic to and from the site.
16. FIRM: Zone "X", an area outside of the 500-year flood plain.
17. Coastal Hazards: The properties are not oceanfront parcels, and will not affect, or be
affected by shoreline processes.
18. Recreational Resources: The proposed project will not reduce the size of the coastline
or other areas used for public recreational uses.
19. Visual Resources: The proposed project will not affect the line-of-sight toward the
ocean.
20. Flora/Fauna: As the project site is improved with a dwelling, no professional surveys
were conducted of the site. The property is located in an urban setting in close proximity
to the airport and various commercial uses. According to the applicants, there are no
known rare or endangered plant or animal species on the site.
21. Archaeological/Historical Resources: As the property is improved, no professional
surveys were conducted of the site. On February 20, 2009, the applicants requested a
letter of "no effect" from the State DLNR-HPD.
22. 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
valued cultural, historical or native resources in the area.
23. Public Access: There is no record of a designated public access to the shoreline or
mountain areas that traverses the property.
PUBLIC UTILITIES AND SERVICES
24. Access: Parcel 1, located on the corner of Laukapu and Kekuanaoa Streets, currently has
access from Laukapu Street. Adjacent Parcel 103 to the east has legal access from
Kekuanaoa Street. The applicants would be willing to provide their share of roadway
improvements by foregoing five feet of its property fronting both streets. To facilitate
traffic flow in and out of the site, two entrances are proposed, one on Kekuanaoa Street,
and the other on Laukapu Street. These entrances would be situated as far as reasonably
possible from the intersection. The Zoning Map classifies Kekuanaoa Street as a
.3.
secondary arterial with an existing right-of-way width of 40 feet fronting the subject
parcels. Laukapu Street is classified as a collector with an existing right-of-way of 40
feet.
25. Water: County water is available to the site.
26. Wastewater: According to the applicants, the project will connect to the County sewer
line.
27. Solid Waste: Solid waste will be handled by commercial haulers.
28. Essential Utilities and Services: Electricity, telephone and emergency services are
available to the site.
AGENCIES' AND ORGANIZATIONS' COMMENTS
29. Department of Public Works: P.D. Exhibit 2 - March 31, 2009 memo
30. Department of Water Supply: P. D. Exhibit 3 - March 24, 2009 memo
31. Police Department: P.D. Exhibit 4 - March 10, 2009 memo
32. Fire Department: P.D. Exhibit 5 - March 16, 2009 memo
33. Department of Environmental Management: P.D. Exhibit 6 - March 4, 2009 memo
34. Department of Health: P.D. Exhibit 7 - March 5, 2009 memo
AGENCIES - NO COMMENTS
35. DLNR Land Division
AGENCIES - NO RESPONSE
36. DLNR Historic Preservation Division
APPLICANT'S RESPONSE TO AGENCIES' COMMENTS
37. P. D. Exhibit 8 - April 5, 2009 letter
PUBLIC COMMENTS
38. None as of this writing.
-4-
APPLICATION
FOR
COUNTY REZONING
(RS-10 to MCX-20)
BETH-AN & CARY NISHIJIMA
Waiakea Houselots, South Hilo, Hawaii
TMK: (3) 2-2-35: 001 & 103
Prepared For:
Beth-An and Cary Nishijima
Prepared By:
Sidney M. Fuke, Planning Consultant
February 2009 Planning Dept.
Exhibit
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT: Beth-An and CamNishiiiina-
APPLICANT'S SIGNATURE DATE: +
ADDRESS: 688 Kin a Stree Suite 124 Hilo Hawaii 96720
LIST APPLICANT'S INTEREST IF NOT OWNER:
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:
PHONE:(Bus.) 935-9133 (Res.) (Fax)
LANDOWNER(S): Beth-An and Cary Nishi'ima /
jn~
LANDOWNER SIGNATURE(S): u ` € ATE:
i 1y be by ~ .
LANDOWNER(S) ADDRESS: 688 Kinoole S et Suite 124, Hilo, HI 720
REQUEST: RS-10 TO MCX-20
(Existing zoning) (Proposed Zoning)
TAX MAP KEY: 2-2-035: 001 and 103
STREET ADDRESS OF PROPERTY: 605 Laukapu Street. Hilo, Hawaii
2
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 22.860 sq ft.
AGENT: Sidney Fuke. Planning Consultant
ADDRESS: 100 Pauahi Street. Suite 212
Hilo. Hawaii 96720
TELEPHONE:(Bus.) 969-1522 (Res.) (Fax) 969-7996
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Sidney Fuke COPIES: Applicant
ATTACHMENT
Commercial, RM, Resort, & Industrial
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
if your request is approved, do you intend to subdivide
the subject land in accordance with the approved change
of zone? No
If yes, please answer the rest of question I and then to
question 3.
a. How many acres of the requested area do you intend to
subdivide?
b. Into what lot sizes?
C. if your request is approved, approximately how long
after the date of approval do you expect to submit
your subdivision plans to the Planning Department
for preliminary approval?
If you intend to subdivide, please submit a preliminary
schematic subdivision plan together with your change of
zone application form.
2. If you nave no firm plans of subdividing the subject area,
do you intend to:
a. Sell 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
Cl- 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.
3. What specific building plans do you have for the subject land?
Include in your answer the following: type of building
(apartment, office, launderette, etc.); financing arrangement;
timetable for construction; and any other information which you
feel might help us in evaluating your request.
Relocate a restaurant to the site; construct a new 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 attached planning and environmental report
6. Are there any buildings on the subject area? Yes
if so, what kind?
An 81-year old vacant single-family dwelling.
What do you intend to do with those buildings if your
request is approved?
Demolish structure upon approval from DLNR-Historic Preservation Division.
Is the subject land currently being used for any
agricultural activity? No
if so, please list the kinds of products grown on and
how many square feet or acres of land per product?
-3-
8. To your knowledge, has there been any flooding and/or
drainage problem on the subject area? No
If so, please describe the problem.
9. Do you think that the roads leading to the subject area
needs improvement? No
If so, what kind?
Is the road adequate for the proposed traffic volume
or load? Yes
10. What sort of governmental assistance and/or improvements
do you feel will be needed in the subject area when
developed?
yes No
a. Schools x
b. Roads X
C. Sewer x
d. Drainage x
e. Police Protection x
f. Fire Protection x
X
4, Recreational Facilities
x
h. Recreational Facilities
i.
-4-
For those checked "yes," please elaborate what type or kinds of
improvements and/or assistance are needed.
11. Have you performed any historic sites study and/or survey of the
subject area? If so, what were the results? Please, also,
submit a copy of the study together with this change of zone
supplement.
No. The property has been used as a dwellin site since 1928.
i
I)A
Signature: * \a
Address:
Telephone:
Date:
-5-
~n-+n., it n.
County Environmental Report
Application for Change of Zone
RS-10 to MCX-20
Waiakea Houselots, South Hilo, Hawaii
TMK: 2-2-35: 001 and 103
I. INTRODUCTION
Beth-An and Cary Nishijima ("Applicants") are seeking a Change of Zone for a
22,820 square foot site from Residential 10,000 square-feet (RS-10) to Industrial-
Commercial Mixed 20,000 square-feet (MCX-20). They plan to demolish the
existing residential structure and relocate their Noris Saimin and Snacks
Restaurant to the site. Please note that the proposed use is also allowed in a
Neighborhood Commercial zone. To be consistent with the General Plan Land
Use Pattern Allocation Guide (LUPAG) map's designation of Industrial, however,
the most benign of the industrial zoning (MCX) is being sought.
II. PROJECT LOCATION
The project area consists of two contiguous parcels (Parcel 1 and Parcel 103)
located in the Waiakea House Lots on the northeast comer of Kekuanaoa Street
and Laukapu Street in Hilo. Big Island Candies is located diagonally across
Laukapu Street to the west. (Figures 1 and 2)
Parcel 1 is a 12,820 square-foot rectangular-shaped corner parcel with an
approximately 81-year old unoccupied dwelling. Parcel 103 is 10,000 square-
feet in size and vacant. The two parcels were subdivided on April 29, 1968.
Should the rezoning be approved, these parcels will be consolidated.
III. PROJECT DESCRIPTION
The Applicants currently operate a restaurant and snack shop (Nori's Saimin and
Snacks) in a rented space at 688 Kinoole Street in Hilo. Due to their desire to
improve customer service and operate on their own property, the Applicants
searched for another site to relocate their restaurant. The current site has limited
parking and visibility. The new site was selected due to it proximity to the airport,
greater visibility and convenience to restaurant and snack (omiyage) shop
patrons.
The proposed two-story structure will be approximately 35-feet high, which would
be less than the maximum allowed in either a MCX (45 feet) or CN (40 feet)
zone. The first floor will be used for the restaurant and snack shop, and the
second floor will be used for office and storage space. (Figure 3)
Two accesses are proposed, one on Kekuanaoa Street and the other on
Laukapu Street.
-1-
Setbacks will be 20 feet from both streets. The Applicants fully intend to comply
with all land use and development codes such as Plan Approval, parking
requirements, landscaping provisions, fire and ADA requirements.
IV. TIMETABLE AND COST
The Applicants intend to secure the required construction permits and begin the
"appropriate infrastructure improvements upon securing all development permits.
Construction is proposed to commence after obtaining all necessary approvals,
with proposed occupancy by 2010.
The estimated cost of the basic infrastructure and on-site improvements will be in
excess of $1,000,000. This cost would include site preparation, wastewater and
other related infrastructure improvements.
V. INSTITUTIONAL CONSIDERATIONS
A. State Land Use
The State Land Use designation for the properties is Urban. As such, a
land use boundary amendment for the requested MCX-20 zoning is not
needed.
B. County General Plan
The County General Plan Land Use Pattern Allocation Guide Map
(LUPAG) designation is Industrial. The Industrial designation is bounded
by Laukapu Street to the west, Piilani Street to the north, past Kanoelehua
Avenue to the east, and south of Kekuanaoa Street along Kanoelehua
Avenue. The proposed MCX-20 zoning is consistent with the LUPAG
designation of Industrial. (Figure 4)
C. Hilo Community Development Plan
The Hilo CDP was adopted by the Planning Commission in 1975 over 25
years ago and intended to further define the General Plan and provide
short and middle range implementation strategies of the General Plan.
Since the adoption of the Hilo CDP, there have been significant land
developments in the City of Hilo, including the shopping complexes in and
around the Puainako/Kanoelehua. Intersection, expanded commercial
uses near the University complexes and commercial/industrial uses along
the southern portion of the Waiakea Houselots area. These developments
render many of the land use concepts expressed in the CDP somewhat
obsolete.
Although the document was reviewed by the County Council, the CDP
was never adopted by ordinance. The CDP's Land Use Concept Map
identified this area as RS-10, which is inconsistent with the County
-2-
General Plan LUPAG map. The LUPAG map has been amended three
times to reflect the current environment of the Waiakea Houselots area
and nearby areas. As such, some.of the planning assumptions reflected
in the 1975 CDP are now obsolete. The GP LUPAG map therefore is a
more accurate land use depiction of the affected properties and
surrounding lands. The County Charter requires all change of zones to be
consistent with the designation in the General Plan. In this case, the GP
LUPAG designation is Industrial, and thus, the requested MCX-10 zoning
would be consistent with the Industrial designation.
D. County Zoning
The property is designated Single Family Residential 10,000 square feet
(RS-10). However, over the past decade, various rezonings in the area to
commercial or industrial-commercial mixed uses have been approved. As
such, the surrounding area has been transitioning from single-family
residential to commercial and industrial uses. (Figure 5)
E. Special Management Area
The property is not located in the Special Management Area (SMA); as
such, no SMA Major Permit is required.
VI. ENVIRONMENTAL
A. Project site
The project site consists of two contiguous parcels which will be
consolidated should this rezoning be approved. Parcel 1 is a 12,820
square-foot rectangular-shaped corner parcel with an approximately 81-
year old unoccupied dwelling. Parcel 103, adjacent to Parcel 1 to the
east, is a 10,000 square-foot property and is vacant. There is a rock wall
around the perimeter of the two parcels fronting Kekuanaoa Street and
Laukapu Street.
B. Surrounding properties
Located within a 1/2 mile radius from the project site are various zoning
designations including General Commercial (CG), Single-Family
Residential (RS), Neighborhood Commercial (CN), Limited Industrial (ML)
and Industrial-Commercial Mixed (MCX). (See Figure 5) Big Island
Candies zoned General Commercial is located across Laupaku Street to
the west. A potato chip factory, quilt shop, various office uses,
condominiums, church, offices for the County of Hawaii Department of
Water Supply, and IEG Federal Credit Union are located in close proximity
to the site. Further to the north is a self-storage facility, and the Best
Store, Aloha Petroleum and real estate offices are located on Kekuanaoa
Street to the east.
-3-
The requested zoning is consistent with the evolving mix of commercial
and industrial land use patterns in the area.
C. Climate, Soil and Topography
According to the State Commission on Water Resource Management, the
closest rain gauge in this area is the Hilo Airport. The annual median
rainfall for this area is approximately 131 inches. The average daily
temperature ranges from a minimum of 61 degrees to 79 degrees
Fahrenheit. Wind patterns are generally easterly during the day and
westerly during the evenings.
The property is located approximately 20 feet above mean sea level, and
is fairly level.
The Natural Resource Conservation Service's Land Study Bureau Overall
Master Productivity Rating designates this site as Keaukaha Series
(rKFD), which is extremely rocky muck; well-drained thin organic soils
overlying pahoehoe lava rock. The runoff is medium and the erosion
hazard is slight.
The project site is unclassified under the Agricultural Lands of Importance
to the State of Hawaii (ALISH) classification system. This classification
does not recognize this site as being agriculturally important.
D. Natural Hazards
1. Drainage
The Federal Emergency Management Agency (FEMA) Flood
Insurance Rate map (FIRM) identifies the project area as Zone "X"
(areas outside of the 500-year flood). There are no existing
drainageways on the site.
2. Volcanic, Earthquake and Tsunami Hazards
According to the United States Geological Survey maps, the project
site is located within Lava Flow Hazard Zone 3, on a scale of
ascending risks 9 to 1. The entire City of Hilo falls in the Zone 3
category. The Building Code designates the entire island of Hawaii
Earthquake Zone 4 and contains certain structural requirements to
address the relative seismic hazard. The site is located in the
County of Hawaii Civil Defense Agency's Tsunami Evacuation
Zone. Nonetheless, the Applicants will adhere to any County or
State procedures if required to evacuate.
-4-
3. Flora and Fauna
No professional flora or fauna study was conducted of the project
site. Due to the developed state of the project site and its
immediate surroundings, the applicants do not believe that rare or
endangered floral or faunal resources are likely to be found within
or proximate to the site.
The project site has been in residential use for more than 80 years.
Plant species found on the site and within the surrounding vicinity
are introduced landscaping. The long-term residential use and
established urban qualities in the project area make it poorly suited
as a habitat for any listed or candidate for endangered species.
Fauna observed within the Property and vicinity include the
Japanese White-Eye, Yellow-Billed Cardinal, Zebra Dove, Common
Myna, House Sparrow, and House Finch. Domestic mammals
such as cats and dogs and other animals such as mongoose and
feral cats are common to the area. None of the species are rare or
endangered. Due to the surrounding established urban uses, it is
highly unlikely that the site would serve as a habitat for rare or
endangered animal species.
4. Flood and Coastal Hazards
The Federal Emergency Management Agency (FEMA) designates
the project site as Zone "X", areas outside the 500-year flood plain
and not shown on Flood Insurance Rate Maps on file with the
County Department of Public Works. Although the site is located in
Zone X", the Applicants will adhere to any County and State
requirements related to tsunami and coastal evacuations.
5. Noise, Air Quality and Dust
Generally, air quality is affected by regional and local climates as
well as the amount and type of human activity in a given location.
No large, stationery sources of air pollutants and no major
industries are located within the project area. Air quality in the
vicinity is most affected by emissions from natural and vehicular
sources.
Existing ambient noise in this area includes wind, foliage and traffic
on Kekuanaoa Street and Laukapu Street which serves as major
thoroughfares in this area. In addition, the project site is located
near the Hilo International Airport and is subject to noise associated
with air traffic.
-5-
Although the project would slightly increase traffic in the area, it is
not expected to generate significant levels of air pollutants as only
discernible air quality would be associated with traffic to and from
the site.
The proposed development should not generate any direct air
impacts. As the project itself is not expected to generate adverse
air pollutants, the only air quality impact would be associated with
vehicular traffic to and from the site. While the added traffic will
have an impact to the ambient air quality, the impact should not be
significant. This is due in part to the higher EPA standards for
vehicular air emissions and the prevailing trade winds.
There will be short-term noise impacts during the construction
phase. To mitigate this impact, the development of this project will
be limited to daylight hours and weekdays. Contractors will be
required to comply with established State Department of Health
guidelines and standards relating to noise and emission controls.
Given the existing ambient noise and existing urban environment,
the proposed request would not have a significant noise impact to
surrounding properties.
6. Water and Coastal Resources
The project site is located more then one mile from the coastline.
Coastal impacts resulting from discharge or drainage systems from
the site should not be significant. As a non-coastal property, no
coastal access is required or will be affected.
The area is currently serviced by the County of Hawaii sewer
system and the proposed development will maintain connection to
this system. This should further reduce potential adverse
groundwater or nearshore water impacts resulting from this project.
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 secured
7. Scenic and Visual Consideration
In the Natural Beauty element of the General Plan, there are sites
or areas listed as scenic resources. The properties are not listed
as a scenic site. The property location provides for views of Mauna
Kea in the mauka direction.
-6-
8. Cultural Resources
In view of the 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 on this
site. In this situation, the properties are not adjacent and/or
proximate to the shoreline; as such, native gathering rights and
coastal access is not an issue.
Although the property is fully developed and has been used for
residential purposes, the requirements of the Hawaii State
Supreme Court's criteria in the Ka Pa'akai O Ka'aina case must be
addressed.
It is not known whether the properties or immediate area was used
in the past for the gathering of plants by native Hawaiians.
However, as the site has been cleared and improved with a
dwelling, it would appear highly unlikely that the site would be used
for gathering purposes. 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 to the project site.
The project site is not listed on the Federal and State Register of
Historic Sites or identified as a historic site in the County of Hawaii
General Plan Historical Element. Since the site is fully developed
with a single-family dwelling, there are no observable traditional
and customary native Hawaiian practices being exercised on the
site.
As no valued cultural, historical or natural resources and no
traditional and customary native Hawaiian rights were found or are
practiced on the site, these rights will not be affected or impaired by
the proposed use.
There is no feasible action to be taken by the Planning Commission
other than to require that if in the future, any valued cultural,
historical, natural resources and/or traditional and customary native
Hawaiian rights are discovered on the project site, the Applicants
will report the discovery to the State of Hawaii, Department of Land
and Natural Resources, Historic Preservation Division for review.
-7-
9. Historic and Archaeological Resources
Most historic sites of South Hilo have been destroyed by
agriculture, urban growth, and natural changes in land forms. The
properties are not among those listed as historic properties in the
Hawaii State Register of Historic Places, have not been determined
to be eligible for inclusion in the National Register of Historic
Places, and is not profiled as a significant cultural and/or historic
site in the General Plan within the South Hilo district. By letter
dated February 20, 2009, the Applicants have requested a letter of
no effect from the State Department of Land and Natural
Resources Historic Preservation Division (DLNR-HPD).
The Applicants will file a Condition Assessment Report in
compliance with Act 228, effective July 8, 2008, which require
owners of buildings over fifty years old to submit archival-quality
photographs to the DLNR prior to the issuance of a building permit.
Although the property is not among those listed as historic
properties in the Hawaii Sate Register of Historic Places, if, during
the course of improving the site, should any unanticipated
archaeological features or sites be uncovered, work will cease and
the Applicants will immediately notify the Planning Department.
E. INFRASTRUCTURE
1. Road
One of the properties currently has access from Laukapu Street.
Laukapu Street is a County-owned, 2-lane road with a right-of-way
of 40 feet. The other property has a legal access from Kekuanaoa
Street, a two-lane County road with a 40-foot right-of-way that
serves as one of many mauka-makai roads in the Hilo area.
The Applicants would be willing to provide its share of roadway
improvements by foregoing 5 feet of its property fronting both
streets. If necessary, a curb, gutter, and sidewalk section along the
frontages of the subject site can be installed.
To facilitate traffic flow in and out of this site, the Applicants are
proposing two entrances, one on Kekuanaoa Street and the other
on Laukapu Street. These entrances would be situated as far as
reasonably possible from the intersection.
2. Utilities
Essential utilities such as telephone and electrical services are
currently available to the site
-8-
3. Water
County water is available to the site. If approved, the applicants
intend to secure the required water commitment from the
Department of Water Supply.
4. Solid Waste
Solid waste will be handled by commercial haulers who will dispose
the refuse at the County landfill in Hilo. During the construction
phase of this project, efforts will be taken to minimize disposal and
waste will be discarded at approved disposal sites.
5. Wastewater
The project site is serviced by a County sewer system. The
Applicants intend to maintain connection to this system.
6. Essential Services
As this project area is already part of an urban area, services are
available in close proximity to the site. Police and fire services are
located less than two miles from the site. Hilo Medical Center is
located approximately three miles from the project site.
As the project is for a commercial use, it should have little or no
direct impact to schools, parks and other related facilities. No
extension of government services would be required, and existing
facilities should be sufficient to accommodate the demand from this
project.
F. Environmental Assessment and Analysis
RELATIONSHIP BETWEEN LOCAL SHORT-TERM USES OF THE
ENVIRONMENT AND THE MAINTENANCE AND ENHANCEMENT OF
LONG-TERM PRODUCTIVITY
The short-term use of the Property would most likely be the same as the
current use as an unoccupied dwelling site. The use of the site will
transition into commercial use upon approval of this application.
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 implementation of this
project. The project will generate increased tax revenues that can
supplement the State and County's fiscal resources.
-9-
Due to 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 necessary,
will be implemented by the Applicants to mitigate potential impacts of this
project.
IRREVERSIBLE AND IRRETRIEVABLE COMMITMENT OF
RESOURCES
The project site has been extensively disturbed. As such, the commitment
of natural or other resources such as botanical, avifaunal, and
archaeological, would not appear to be significant.
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 an
on-site drainage system, landscaping, road, water, and wastewater
improvements, in conjunction with the permitting and permit
implementation phases of this project. Off-site traffic-related
improvements at Kekuanaoa Street and Laukapu Street fronting the
project site will be provided, if necessary. Any inadvertent archaeological
discoveries during any phase of the project will be reported to the
Planning Department, and appropriate mitigation measures will be taken.
Appropriate landscaping consistent with the Planning Departments Rule
No. 17 will be incorporated on the project site.
ALTERNATIVE TO THE PROPOSED PROJECT
The properties would remain in its present state. 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.
An evaluation of the environmental impacts of all reasonable alternative
actions, particularly those that might enhance environmental quality, avoid
or reduce adverse environmental impacts, costs and risks, was performed
to assess options that might enhance environmental quality and cause
fewer detrimental effects.
NO ACTION ALTERNATIVE
The "no action" alternative will result in no physical change to the property
and the land will remain unaltered. The site would remain in its present
state. 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. This alternative will not allow the
objectives of the regional plan to be achieved and would deny the public
-10-
the socio-economic benefits associated with the project. Under the "no
action" alternative, no sources of income will be brought to the owner and
consequently no increase in government revenues from higher property
taxes will be realized.
ALTERNATIVE USES
The current zoning for the property is Residential 10,000 square feet (RS-
10). Under this alternative, based on the Ohana Dwelling provision of the
Zoning Code, each lot could support two dwellings for a total of four
dwellings. While that may be possible, residential uses may not be
desirable due to traffic noise on Kekuanaoa Street.
Another alternative would be to utilize this site for a residential use.
However, this would be inconsistent with the Industrial designation on the
General Plan LUPAG map. As such, this option may be desirable, given
the greater impact associated with potential industrial uses as proposed
on the LUPAG map.
The project, based on its location and proximity to other industrial and
commercial uses, is better suited for long-term industrial/commercial use.
EVALUATION OF ALTERNATIVES
Leaving the property in its current state would not maximize the use of the
land. The property may be used for residential purposes; however,
Waiakea Houselots is transitioning to commercial and industrial uses.
There would also be diminished tax revenues and commercial
opportunities for landowners. The heavily traveled Kekuanaoa Street may
not be ideal for residential purposes with regard to safety. Infrastructure
improvements would not be constructed if the property is retained for
residential purposes. The proposed rezoning would provide an
opportunity for a family-owned restaurant to better serve the community.
VII. REGULATORY ANALYSIS
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 as Industrial, a designation that
allows the requested MCX-20 zoning. Accordingly, this request would be
consistent with the LUPAG Map.
-11-
The requested zoning would be consistent with the goals, policies and
standards of the Economic and Land Use Elements of the General Plan.
Specifically, the more pertinent ones follow:
Economic Element Goals:
• Provide residents with opportunities to improve their quality of life.
• Economic development and improvement shall be in balance with the
physical and social environments of the Island of Hawaii.
• The County of Hawaii shall strive for diversity and stability in its
economic system.
• The County shall provide an economic environment which allows new,
expanded, or improved economic opportunities that are compatible
with the County's natural and social environment.
Economic Element Policies
• 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.
Land Use Element (Commercial) Goals
• Provide for commercial developments that maximize convenience to it
users.
• Provide commercial developments that complement the overall pattern
of transportation and land usage within the island's regions,
communities, and neighborhoods.
Land Use Element (Commercial) 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.
• Distribution of commercial areas shall be such as to best meet the
demands of neighborhood, community and regional needs.
-12-
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 development.
Land Use Element Standards
• Commercial development 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 and Conclusion
If approved, the project would provide additional commercial opportunities
in the Hilo area. Its location is ideal to service the community and is
proximate to existing commercial uses. All required infrastructure is in
place and would require minimal modification. If development of
infrastructure is required, it would be provided by the Applicants without
taxing government's servicing ability. The project site has limited on-site
developmental constraints. Due to its prior residential use, archaeological,
floral, or faunal concerns should be minimal or non-existent. There may
be a potential for some endemic birds to visit this area. The development
of this site would not remove an existing critical habitat. Furthermore, if
there are inadvertent archaeological features discovered 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.
Assuming this request is approved, the site will be used for commercial
purposes. All structures and improvements would be developed
consistent with the Zoning and Building Code. No variance from the Code
is anticipated.
B. Hawaii State Plan
Chapter 226, Hawaii Revised Statutes, outlines the long-range goals and
policies of the Hawaii State Plan. The Plan is intended to serve as a guide
-13-
for the growth and future long-range development of the State. The
request is consistent with the following goals of the Plan:
• 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 generation;
• 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.
The proposed project would achieve these goals and 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
increase both State and County revenues, and complement and support
other economic uses. This in turn will contribute to the stability, diversity,
and growth of local and regional economies.
The employment opportunity would come without adversely affecting the
environment. Impacts to the surrounding areas would not be significantly
affected. All required infrastructure will be in place prior to occupancy of
any portion of the project. 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.
Impacts to the surrounding areas would be insignificant. All required
infrastructure is in place, including traffic improvements, wastewater and
potable water system. Any required improvements will be undertaken by
the Applicants at no cost to tax payers.
C. 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. The proposed
project will not have any substantial adverse environmental or ecological
effect. Any effect that may result will be minimized to the extent
practicable and will be clearly outweighed by public interest.
-14-
The proposed development would be consistent with the objectives of the
CZM program
The proposed Project will not have any substantial adverse
environmental or ecological effect.
The proposed project would be consistent with the objectives of the
CZM program, specifically:
¦ There would be no impact to the area's recreational resources.
The property is not an oceanfront property;
¦ Because of the property's historical residential use, the project
site should not have any remaining historical resources;
¦ 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 furthering the
economic use of the site;
¦ The site is more than a mile from the shoreline and there would
be no coastal hazard or beach erosion or marine resource
impacts;
¦ Public participation will be achieved through the hearings on this
request.
The proposed development is consistent with the State Land Use Laws
and Regulations, County General Plan, Hawaii County Zoning Code, and
other appropriate regulatory rules.
-15-
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KANOELEHUAAVE
KANO ELEH UA AVE
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
DATE: March 31, 2009
TO: BJ~Leithead Todd, Planning Director
FROM: e ov Department of Public Works
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09-000092)
Applicant: Beth-An and Cary Nishijima
Request: RS-10 to MCX-20
Tax Map Key: 2-2-35: 001 and 103
We have reviewed the subject application forwarded by your memo dated March 3, 2009 and offer
the following comments for your consideration.
All development-generated runoff shall be disposed of on site and not directed toward any adjacent
properties. A drainage study shall be prepared and the recommended drainage system shall be
constructed meeting the approval of the Department of Public Works (DPW).
The subject parcels are in an area designated as Zone X on the Flood Insurance Rate Map (FIRM)
by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be
outside the 500-year floodplain.
The Zoning Map (Ordinance No. 187) classifies Kekuanaoa Avenue as a secondary arterial with
an existing right-of-way width of 40 feet fronting the subject parcels. Laukapu Street is classified
as a collector with an existing right-of-way width of 40 feet. To preserve the functional classification
of Kekuanaoa Street, we recommend no access, or marginal (limited) access.
Based on the proposed zoning, we recommend the applicant provide improvements to the entire
frontage along Kekuanaoa and Laukapu Streets consisting of, but not limited to. pavement
widening with concrete curbs, gutters and sidewalks, drainage improvements, and any required
utility relocation, meeting the approval of the DPW. Provide a minimum 20-ft property line radius
at the intersection of Kekuanaoa and Laukapu Streets incorporating future road widening setbacks
as established by the Planning Department. The improvements shall be located within the future
road widening setbacks and property line radius.
Install streetlights and traffic control devices as may be required by the Traffic Division, Department
of Public Works. The applicant shall be responsible for the design, purchase, and installation of
such devices.
Questions may be referred to Kelly Gomes at ext. 8327. a SCANNED
3
Planning Dept ? nor'
Exhibit ;2--U~6~
aF WATfq s
~at~ oq
p l1
o~ ~P DEPARTMENT OF WATER SUP,P,LY,.•,GQU:NTY OF HAWAII
yJypp HAW I`1~ap 345 KEKUANAO'A STREET',' SUITE' 20HILI, HAVJAI'l 96720
10TELEPHONE 961-8050 • FAX(808)961-8657
March 24, 2009
TO: Ms. BJ Leithead Todd, Planning Director
Planning Department
FROM: Milton D. Pavan, Manager
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09-000092)
APPLICANT - BETH-AN AND CARY NISHIJIMA
REQUEST: RS-10 TO MCX-20
TAX MAP KEY 2-2-035:001 AND 103
We have reviewed the subject application and have the following comments and conditions.
Water is available from an existing 6-inch waterline within Kekdanao`a Street or Laukapu Street fronting the
subject parcel. Parcel 001 is currently served by a 5/8-inch meter, which is limited to an average daily usage of
400 gallons.
The Department has no objection to the proposed change of zone application subject to the applicant
understanding and accepting the following conditions:
I. The Department requests that the applicant submit estimated maximum daily water usage calculations for
the proposed restaurant, prepared by a professional engineer licensed in the State of Hawaii, for review and
approval. The water usage calculations should include the total estimated daily water usage in gallons per
day and the estimated peak flow in gallons per minute (GPM).
Based on the water usage calculations provided, if the existing 5/8-inch meter cannot accommodate the
estimated demand, a larger or additional meter will need to be installed and remittance of the prevailing
facilities charge, which is subject to change, will be required. If a 5/8-inch meter can accommodate the
estimated demand, then the applicant may continue to utilize the 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 the relocation and
adjustment of the Department's affected water system facilities, should they be necessary.
Please be informed that the existing 6-inch waterline within Kekuana6'a Street is capable of providing a
theoretical fire flow of 1,760 GPM; however, the Department's Water System Standards require that a minimum
of 2,000 GPM be available at the site for fire protection for the pro se .
/ / IPt 9r~ apt.; N E D
Water brinrga procgRxhibit 3 pF 9 2009
The Department of Water Supply is an Equal Opportunity provider and employer. To file a complaint of discrimination, write: US ggfor, Office of Civil
Riahts. Room 326-W. Whitten Buildino. 14th and Indeoendence Avenue. SW. Washinoton DC 20250-9410. Or call f202) 720-F9 nir-
Ms. BJ Leithead Todd, Planning Director
Page 2
March 24, 2009
the applicant contact the Fire Department for any fire protection requirements or alternatives.
Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch
at 961-8070, extension 256.
Sincerely yours,
Milt . Pavao, P.E.
M ag
RQ:dfg
copy - Ms. Beth-An and Mr. Cary Nishijima
' ~~aMxr os e~k~
William P. Kenm Harry S. Kubojiri
Mayor
Police Chief
•~r .~-rte
Sri e;F...
:D Paul K. Ferreira
County of Hawaii Deputy Police Chief
POLICE DEPARTMENT
349 Kapiolani Street • Hilo, Hawaii 96720-3998
(808) 935-3311 • Fax (808) 961-8865
March 10, 2009
TO BJ LEI EAD T DD, PLANNING DIRECTOR
FROM K A HECO, ASSISTANT POLICE CHIEF
AREA I OPERATIONS
SUBJECT: CHANGE OF ZONE APPPLICATION (REZ 09-000092)
APPLICANT: BETH-AN AND CARY NISHIJIMA
REQUEST: RS-10 to MCX-20
TAX MAP KEY: 2-2-35:1 AND 103
Staff, upon review of the provided documents and visiting the proposed site,
comments as follows.
As proposed, vehicular access to the project site will be made from entrances on
both Kekuanaoa Street and Laukapu Street. Present traffic levels on this portion
of Kekuanaoa Street make left turn movements to enter Kekuanaoa Street from
private driveways both difficult and hazardous.
It is our view that only right turn movements should be allowed at the project's
Kekuanaoa Street exit point. These mitigation measures are only necessary on
Kekuanaoa Street, and no traffic mitigation measures should be required at the
project's Laukapu Street vehicular access/exit point.
Thank you for allowing us the opportunity to comment.
KV.:Ili
Planning Dept. SCANNED
Exhibit q owl 037.
By:
"Hawai`i County is an Equal Opportunity Provider and Employer"
' e a. Ka~ < i
y.y:.:.
William P. Kenoi Darryl J. Oliveira
Mayor Fire Chief
Glen P. I. Honda
r °F x>'~~ Deputy Fire Chief
Countp of 7"abnail
FIRE DEPARTMENT
25 Aupuni Street • Suite 103 • Hilo, Hawaii 96720
March 16, 2009 (808) 981-8394 • Fax (808) 981-2037
TO: BJ LEITHEAD TODD, PLANNING DIRECTOR
FROM: DARRYL OLIVEIRA, FIRE CHIEF
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09-000092)
APPLICANT: BETH-AN AND CARY NISHIJIMA
REQUEST: RS-10 TO MCX-20
TAX MAP KEY: 2-2-35:1 AND 103
The Hawaii Fire Department submits the following comments regarding the above-referenced change of zone application:
Fire apparatus access roads shall be in accordance with UFC Section 10.207:
"Fire Apparatus Access Roads
"Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the
provisions of this section.
"(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any
portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured
by an unobstructed route around the exterior of the building.
"EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler
system, the provisions of this section may be modified.
"2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other
similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b).
"3. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this
section may be modified, provided, in the opinion of the chief, fire-fighting or rescue operations would not be
impaired.
"More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be
impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access.
"For high-piled combustible storage, see Section 81.109.
"(c) Width. The unobstructed width of a fire apparatus access road shall meet the requirements of the appropriate county
jurisdiction.
Planning Dept. SCANNED ~PWq
Exhibit S yg~ %V7 709 F c
k"'J REDS`
Hawai'i County is an Equal Opportunihf Provider and Employer.
BJ Leithead Todd
Page 2
March 16, 2009
"(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet
6 inches.
"EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction does not impair
access by fire apparatus and approved signs are installed and maintained indicating the established vertical
clearance.
"(e) Permissible Modifications. Vertical clearances or widths required by this section may be increased when, in the
opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access.
"(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus
and shall be provided with a surface so as to provide all-weather driving capabilities." (20 tons)
"(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief" (45 feet)
"(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with
approved provisions for the turning around of fire apparatus.
"(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in
accordance with the applicable sections of the Building Code and using designed live loading sufficient to carry the
imposed loads of fire apparatus.
"(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15%)
"(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including
parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all
times.
"(1) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for
fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both."
Water supply shall be in accordance with UFC Section 10.301(c):
"(c) Water Supply. An approved. water supply capable of supplying required fire flow for fire protection shall be
provided to all premises upon which buildings or portions of buildings are hereafter constructed, in accordance with the
respective county water requirements. There shall be provided, when required by the chief, on-site fire hydrants and mains
capable of supplying the required fire flow.
"Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of
providing the required fire flow.
"The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow
shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire
department apparatus by roadways meeting the requirements of Section 10.207.
A&
Fire Chief
JCP:Ik
Y ~~~Y Oi N,W
. ~ ! qtr 1
William Kenoi . Loon A. Tyson
Mayor Director
Ivan M. Torigoe
DewN Director
~~~~Ly .I~~.:rL~.~t1•tttLt
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupuni Street Hilo, Hawaii 96720
(808) 961-8083 • Fax (808) 961.8086
htti)7//co.hawaii.hi.us/directory/dir envmne htm
MEMORANDUM
Date : March 4, 2009
To BJ LEITHEAD TODD, Acting Deputy Planning Director
From: LONO A. TYSON, Director ~
Subject: Change of Zone Application (REZ 09-000092)
Applicant: Beth-An and Cary Nishijima
Request: RS-10 to MCX-20
TMK: 2-2-35:1 and 103
We have reviewed the subject application and offer the following recommendations:
DEPARTMENT COMMENTS:
WASTEWATER COMMENTS:
( ) No comments
( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5
of the Hawaii County Code.
( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii
County Code. Complete D.E.M. Sewer Extension Application.
( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85
o the Hawaii County Code.
( Other: wact1`N Ccr.tMeT?Clb `?co CO!L.'"'Cr<, 5 nt_i
SOLID WASTE COMMENTS:
( ) No comments
(_%c) Commercial operations, State and Federal agencies, religious entities and non-profit
organizations may not use transfer stations for disposal.
(~>o Aggregates and any other construction/demolition waste should be responsibly reused to
its fullest extent.
(t)o Ample and equal room should be provided for rubbish and recycling.
( Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or
other suitable diversion programs.
()C) Construction and demolition waste is prohibited at all County Transfer Stations.
Submit Solid Waste Management Plan in accordance with attached guidelines.
( ) Existing Solid Waste Management Plan is to be followed. Provide up ate to a department on current status.
( ) Other:
cc: SWD, WWD Planning Dept. ACANNED
Exhibit 0_ t~~,rfn~MAR 19 2009
County of Hawaii is an Equal Opportunity Provider and Employer. BYO -51.382
J»Sv OF
N1
William P. Kenoi Lono A. Tyson
Mayor Director
Ivan Torigoe
Deputy Director
(9
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupuni Street • Hilo, Hawaii 96720
(808) 961-8083 - Fax (808) 961-8086
htti):Hco.hawaii.hi.us/directory/dir envmne htm
February 12, 2009
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)
promotes and implement recycling and recycling programs, (2) predict the waste generated by
the proposed development to anticipate the loading on County solid waste management
facilities, and (3) predict the additional vehicular traffic being generated because of waste and
recycling transfers. A qualified consultant shall prepare a suitable solid waste management
plan for review by the Department of Environmental Management.
REPORT
The Solid Waste Management Plan will contain the following:
1. Description of the project and the potential waste it may be generating: i.e. analysis of
anticipated waste volume and composition. This includes waste generated during the
construction and operational or maintenance phases. Waste types shall include (but not
be limited to):
A. Organics (including food waste and green wastes);
B. Construction and Demolition;
C. Paper (including cardboard);
D. Metal (including ferrous and non-ferrous metals);
E. Plastic;
F. Special (including ash, sludge, treated medical, bulky items, tires);
G. Household Hazardous (including paint, vehicle fluids, oil, batteries); and
H. Glass.
2. Indicate onsite source separation facilities by waste type; i.e. source separation bins of
glass, metal, plastic, cardboard, aluminum, etc. Provide ample and equal space for
rubbish and recycling.
3. Identification and location of the proposed waste reduction, waste re-use, recycling
facility or disposal site and associated transportation methods for the various
components of the development's waste management system, including the number of
County of Hawaii is an Equal Opportunity Provider and Employer.
Solid Waste Management Plan Guidelines
Page 2 of 2
vehicle movements and associated routes that will be used to transport the waste and
recycled materials.
4. The report will include identification of any impacts to County-operated waste
management facilities, and the appropriate mitigation measures that will be implemented
by the development to minimize these impacts.
5. Analysis will be based on the highest potential use or zoning of the development.
REQUIREMENTS AND CONDITIONS
1. A solid waste management plan will be prepared for all commercial developments, as
defined under the policies of the Department of Environmental Management, Solid
Waste Division.
2. The Department of Environmental Management will require the developer to provide or
resolve all recommendations and mitigation measures as outlined in the solid waste
management plan; besides any conditions placed on the applicant herein.
3. A State of Hawaii licensed engineer will draft and certify in writing the solid waste
management plan as complying with applicable Federal, State and County of Hawai'i
solid waste laws, regulations, and administrative rules.
Should you require additional information, please contact Michael Dworsky, P.E., Solid Waste
Division Chief at 808-961-8515.
CONCUR:
Lono A. Tyson
DIRECTOR
County ofHawari is an Equal Opportunity Provider and Employer.
t
LINDA LINGLE CHIYOME L. FUKINO, M.D.
(111._~ GOVERNQ Director of Health
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 916
HILO, HAWAII 96721-0916
MEMORANDUM
DATE: March 5, 2009
TO: BJ Leithead Todd
Planning Director, County of Hawaii
FROM: Newton Inouye V• -
Acting District Environmental Health Program Chief
SUBJECT: Change of Zone Application (REZ 09-000092)
Applicant: Beth-An and Cary Nishijima
Request: RS-10 to MCX-20
Tax Map Key: 2-2-35:1 and 103
Underground Injection Systems (Ph. 586-4258) which receive wastewater or storm runoffs from
the proposed development need to address the requirements of Chapter 23, Hawaii State
Department of Health Administrative Rules, Title 11, "Underground Injection Control."
The proposed restaurant needs to meet the requirements of Chapter 12, Food Establishment
Sanitation. Please call our office (Ph. 933-0917) for consultation and additional information.
Construction activities must comply with the provisions of Hawaii Administrative Rules,
Chapter 11-46, "Community Noise Control."
1. The contractor must obtain a noise permit if the noise levels from the construction
activities are expected to exceed the allowable levels of the rules.
2. Construction equipment and on-site vehicles requiring an exhaust of gas or air
must be equipped with mufflers.
Planning Dept. =SCA
Exhibit
BJ Leithead Todd
Page 2 of 2
March 5, 2009
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.
We recommend that you review all of the Standard Comments on our website:
http•//hawaii gov/health/environmental/env-planning/landuse/landuse.htmi. Any comments
specifically applicable to this project should be adhered to.
The Department of Health does not have any objections to the proposed change in land 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 09-000092.at
SidneyFuke, Planning Consultant
100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance -Zoning
Telephone: (808) 969-1522 • Fax: (808) 969-7996 - • Subdivision • Land Use Permits
E-mail: sidfuke@hawaiiantel.net • Environmental Reports
April 5, 2009 t s 7 t ,
e ;
Ms. BJ Leithead Todd, Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720.
Dear Ms. Leithead Todd:
Subject: Rezoning Application (REZ 08-000092)
Beth-An and Cary Nishijima
TMK: 2-2-35: 001 and 103
Thank you for providing me with a copy of agency comments to date regarding the
subject application. In response to these comments, we provide the following:
a. As required and/or recommended by the Department of Environmental _Management
"DEM' the applicant is prepared to have the project's wastewater system
connected to the County's line fronting the property. As for the solid waste, to the
extent the material resulting from the proposed demolition of the structures can be
salvaged, they will be. All other construction waste will be disposed off in an
authorized landfill. There should not be significant green waste, as the site is fairly
developed. In either event, the green waste will probably be plowed into the site.
Finally as is typical for projects of this nature, a Solid Waste Management Plan can
be prepared and submitted to the DEM for its review and approval during the
subsequent permitting process.
b. The Police Department noted its preference for limiting vehicles exiting onto
Kekuanaoa Street to right-turn movements only, similar to the access restriction at the
Department of Water Supply. The applicant understands the concern and would thus
have no objection to that limitation. The Police Department did not have any
objections to full movements at Laukapu Street or ingress from Kekuanaoa Street.
c. Relative to the Department of Public Work's comments, the requirement of
containing all project-generated water on-site will be complied with. The tentative
plan includes the installation of drywells. Likewise, all appropriate traffic control
devices and street lights will be installed in conjunction with the development of this
project.
On the matter of access, the applicant understands and accepts the secondary arterial
function of Kekuanaoa Street. As such, it would have no objections to limiting
access from this street to right turn in, right turn out movements only at this point in
time. However, should there be future improvements along Kekuanaoa Street that
Planning Dept. SCANNED
Exhibit 8 0 k~~ f
By:
Ms. BJ Leithead Todd. Director
April 5, 2009
Page 2
can reasonably and safely accommodate left turn movements, such as a new third lane
that would function exclusively as a turning lane, it would appreciate giving the
Department the discretion to allow for left-turn movements then.
Notwithstanding the proposed access limitation at Kekuanaoa Street, it is the
applicant's understanding and desire that full movements would be allowed from
Laukapu Street. In the interest of safety, the applicant accepts the recommended
radius and curb, gutter, and sidewalk improvements fronting the subject properties'
frontage.
We trust that the above adequately responded to the comments. If not or if there are
fiirther questions, please let me know. Thank you very much.
Sincerely,
V)V~
SIDNEY M. FUKE
Planning Consultant
Copy - BethAn Nishijima w/ enclosures
RNisWj imaREZ. doc-4/ 16/09
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
BETH-AN AND CARY NISHIJIMA
CHANGE OF ZONE APPLICATION (REZ 09-92)
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 applicants are requesting a change of zone from Single-Family Residential
10,000 square feet (RS-10) to Industrial-Commercial Mixed 20,000 square feet (MCX-
20) to relocate the Noris Saimin and Snacks Restaurant to the site. The proposed two-
story structure will be approximately 35 feet high, with the first floor to be used for the
restaurant, and the second floor for office and storage space. The applicants currently
operate a restaurant and snack shop (Noris Saimin and Snacks) in a rented space at 688
Kinoole Street. Due to their desire to improve customer service and operate on their own
property, the applicants searched for another site to relocate their restaurant. The current
site has limited parking and visibility. The new site was selected due to its proximity to
the airport, greater visibility and convenience to restaurant and snack (omiyage) shop
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 a Single-Family Residential 10,000 square
feet (RS-10) to the Industrial-Commercial Mixed (MCX-20) zoned district will
conform to the goals, policies and standards of the General Plan Economic and
Land Use Elements. The General Plan is intended to be used as a policy guide for the
coordinated growth and development of all sectors of the County. It sets forth goals,
policies, standards and courses of action to accommodate growth without congestion, to
designate and preserve the lands needed for residential use, commercial and visitor
services, industry, agriculture and open space, and to coordinate these uses with the
County's service and circulation systems. 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 project will be developed in an area adequately served by necessary
services such as water, utilities, sewers and transportation systems. The applicants are
requesting an Industrial-Commercial mixed zoning. The proposed project conforms to
the Land Use - Industrial sub-element which states that "Industrial development shall be
located in areas adequately served by transportation, utilities and other amenities."
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 Industrial
on the LUPAG Map. This industrial designation includes uses such as manufacturing
and processing, wholesaling, large storage and transportation facilities and light industrial
uses. The MCX zoning would be consistent with the Industrial designation on the
LUPAG Map for this area of Hilo.
The State Land Use designation and the Land Study Bureau's Productivity Rating
for the project site is Urban. The Hilo Community Development Plan (CDP) adopted in
1975 suggests the retention of residential uses in this area. However, this area is
transitioning to commercial and light industrial uses. The advantage of this area is its
-2-
close proximity to water, air transportation terminals, harbor facilities, commercial and
residential population of Hilo. The proposed change of zone would complement the
existing industrial and commercial land uses that already exist in this area and will
provide for an orderly development of the area.
The MCX zoning designation was created when the Zoning Code was amended in
1996. In accordance with Section 25-5-130, Hawaii County Zoning Code, this district
would allow a mix of light industrial and commercial uses. The intent is to provide for
areas of diversified businesses and employment opportunities by permitting a broad range
of uses, without exposing non-industrial uses to unsafe and unhealthy environments.
The project site consists of two contiguous parcels. Parcel 1 is a 12,820-square
foot rectangular corner parcel with an approximately 81-year old dwelling and a carport.
Parcel 3, adjacent to Parcel 1 to the east, is a vacant 10,000-square foot property. There
is a rock wall around the perimeter of the two parcels fronting Kekuanaoa Street and
Laukapu Street.
The land uses in the immediate area are a mix of commercial, industrial and
residential uses. Immediately adjacent properties to the north and east are zoned RS-10
and in single-family residential use. Commercial and/or industrial uses nearby include
Big Island Candies (zoned General Commercial) located diagonally across Laukapu
Street to the west. Across Kekuanaoa Street to the southeast is a property zoned
Neighborhood Commercial (CN). The Atebara Potato Chip factory, quilt shop, various
office uses, church, the County Department of Water Supply, and IEG Federal Credit
Union are located in close proximity to the site.
All utilities and services are available to the site. Parcel 1, located on the
corner of Laukapu and Kekuanaoa Streets, currently has access from Laukapu Street.
Adjacent Parcel 103 to the east has legal access from Kekuanaoa Street. The applicants
would be willing to provide their share of roadway improvements by foregoing five feet
of the project site fronting both streets. To facilitate traffic flow in and out of the site,
two entrances are proposed, one on Kekuanaoa Street, and the other on Laukapu Street.
These entrances would be situated as far as reasonably possible from the intersection.
The Zoning Map classifies Kekuanaoa Street as a secondary arterial with an existing
-3-
right-of-way width of 40 feet fronting the subject parcels. Laukapu Street is classified as
a collector with an existing right-of-way of 40 feet. The DPW recommends no access, or
limited access from Kekuanaoa Street.
The Department of Public Works (DPW) recommends full improvements to the
entire frontage along Kekuanaoa Street and Laukapu Street consisting of, but not limited
to, pavement widening with concrete curb, gutter and sidewalk along with any utility
relocation. The DPW further recommends that the applicants provide a minimum 20-foot
property line radius at the intersection of Kekuanaoa and Laukapu Streets within the
future road widening setbacks. Both recommendations will be included in the conditions
of approval.
County water is available to the site. The project will connect to the County's
sewer line. Solid waste will be handled by commercial haulers. If required, a Solid
Waste Management Plan will be prepared. Electricity and telephone services are
available to the site.
The project site has no severe geological or topographical problems which cannot
be rectified or which would render the land unusable. The properties are 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.
As the properties are developed, no professional archaeological survey was
conducted of the site. By letter dated February 20, 2009, the applicants requested a letter
of no effect from the DLNR Historic Properties Division (HPD). As of this writing, no
response has been received from the DLNR-HPD. The applicants have stated that should
any archaeological features or sites be discovered during the development of this project,
work will immediately cease and the Planning Department will be notified. No
professional flora or fauna surveys were conducted, as the applicants do not believe that
rare or endangered floral or faunal resources are on the improved site. The properties are
located in an urban setting close to existing industrial and commercial uses and fully
developed with a single-family dwelling and carport.
-4-
The request is not contrary to Chapter 205A, Hawaii Revised Statutes,
relating to Coastal Zone Management. The properties are not located in the Special
Management Area. The project site is located more than one mile from the shoreline and
will not be impacted by coastal hazard and beach erosion. There is no record of a
designated public access to the shoreline or mountain areas that traverses the properties.
According to the applicants, 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 findings, approval of this change of zone request from a
Single-Family Residential (RS-10) to an Industrial-Commercial Mixed (MCX-20)
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.
-5-
Mshiii=REZAd 4/21/09
BETH-AN AND CARY NISHIJIMA
CHANGE OF ZONE APPLICATION (REZ 09-92)
CONDITIONS OF APPROVAL
A. The applicant(s), its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
B. Prior to the issuance of a water commitment by the Department of Water Supply,
the applicant shall submit the anticipated maximum daily water usage calculations
as recommended by a registered engineer, and a water commitment deposit in
accordance with the "Water Commitment Guidelines Policy" to the Department of
Water Supply within 180 days from the effective date of this ordinance.
C. The applicants shall install a reduced pressure type backflow prevention assembly
within five (5) feet of the water meter on private property, which must be
inspected and approved by the Department of Water Supply.
D. Construction of the proposed development, including the improvements listed in
Condition G, shall be completed within five (5) years from the effective date of this
ordinance. Prior to construction, the applicants, successors or assigns shall secure
Final Plan Approval for the proposed development from the Planning Director in
accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County
Code. Plans shall identify all existing and/or proposed structures, paved driveway
access and parking stalls associated with the proposed development. Landscaping
shall also be indicated on the plans for the purpose of mitigating any adverse noise
or visual impacts to adjacent properties in accordance with the requirements of
Planning Department's Rule No. 17 (Landscaping Requirements), Chapter 25
(Zoning Code), Hawaii County Code.
E. Access(es) to the project site shall meet with the approval of the Department of
Public Works. All driveway connections to Kekuanaoa Street and Laukapu Street
shall conform to Chapter 22 (County Streets) of the Hawaii County Code.
F. A five-foot wide future road widening strip along the Laukapu Street frontage and
a 10-foot fixture road widening strip along the Kekuanaoa Street frontage shall be
subdivided and dedicated to the County within five (5) years from the effective
date of this ordinance.
G. The applicants shall provide improvements to the project's frontage along
Kekuanaoa Street and Laukapu Street consisting of, but not limited to, pavement
widening with concrete curb, gutter and sidewalk, drainage improvements and any
required utility relocation, meeting the approval of the Department of Public
Works. The improvements shall be located within the future road widening
setback.
H. The applicants shall provide a minimum 20-foot corner radius at the intersection of
Kekuanaoa Street and Laukapu Street incorporating the future road widening
setbacks.
1. Streetlights and traffic control devices, as may be required by the Traffic Division,
Department of Public Works, shall be installed.
I All development generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties. If required, a drainage study shall be
prepared and submitted to the Department of Public Works prior to the issuance of
Final Plan Approval. Any drainage improvements, if required, shall be
constructed, meeting the approval of the Department of Public Works prior to the
issuance of a Certificate of Occupancy.
K. The project shall connect to the existing County sewerline prior to the issuance of
a Certificate of Occupancy.
L. A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management for review and approval prior to the issuance of Final
Plan Approval.
M. Should any remains of historic sites, such as rock walls, terraces, platforms, marine
shell concentrations or human burials be encountered, work in the immediate area
shall cease and the Department of Land and Natural Resources - State Historic
Preservation Division (DLNR-BPD) shall be immediately notified. Subsequent
work shall proceed upon an archaeological clearance from DLNR-BPD when it
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finds that sufficient mitigation measures have been taken.
N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for
imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
0. The applicants shall comply with all County, State and Federal laws, rules,
regulations and requirements.
P. An initial extension of time for the performance of conditions within the ordinance
may be granted by the Planning Director upon the following circumstances:
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicants, successors or assigns,
and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed within
one year may be extended for up to one additional year).
5. If the applicant(s) should require an additional extension of time, the
Planning Department shall submit the applicants' request to the County
Council for appropriate action.
Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the area to its original or
more appropriate designation.
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tQ: ~L.. ~~Jy4,
COUNTY OF HAWAII STATE OF HAWAII
BILL NO.
ORDINANCE NO. ( -1hil"01
AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), 6
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 INDUSTRIAL-
COMMERCIAL MIXED - 20,000 SQUARE FEET (MCX-20) AT WAIAKEA HOUSELOTS,
WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-035:001 AND
103.
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 Industrial-Commercial Mixed - 20,000 square
feet (MCX-20):
BEGINNING AT A PIPE AT A CERTAIN LOCATION OF THIS PARCEL OF LAND
BEING ON THE NORTH SIDE OF KEKUANAO`A STREET. THE COORDINATES
OF SAID POINT OF BEGINNING REFERRED TO GOVERNMENT SURVEY
TRIANGULATION STATION "HALA`I" BEING 1,763.00 FEET SOUTH AND
10,250.00 FEET EAST, AND RUNNING BY AZIMUTHS MEASURED CLOCKWISE
FROM TRUE SOUTH:
I. 90° 00' 109.00 FEET ALONG THE NORTH SIDE OF
KEKUANAO`A STREET TO A PIPE;
2. 180° 00' 4.00 FEET TO A PIPE;
3. 90° 00' 20.00 FEET TO A PIPE;
4. 180° 00' 96.00 FEET ALONG THE EAST SIDE OF LAUKAPU
STREET TO A PIPE;
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5. 270° 00' 229.00 FEET ALONG LOT 13, BLOCK 22, WAIAKEA
HOUSELOTS, FIRST SERIES, TO A PIPE;
6. 360° 00' 100.00 FEET ALONG LOT 16, BLOCK 22, WAIAKEA
HOUSELOTS, FIRST SERIES, TO A PIPE ON
THE NORTH SIDE OF KEKUANAO`A STREET;
7. 90° 00' 100.00 FEET ALONG THE NORTH SIDE OF
KEKUANAO`A STREET TO THE POINT OF
BEGINNING AND CONTAINING AN AREA OF
22,820 SQUARE FEET, MORE OR LESS.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a 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:
Necessary to prevent circumstances which may be adverse to the public health, safety
and welfare; or
(1) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
SEE ATTACHED CONDITIONS
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
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SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of I st Reading:
Date of 2nd Reading:
Effective Date:
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22,820 SQUARE FEET
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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 INDUSTRIAL - COMMERCIAL
MIXED - 20,000 SQUARE FEET (MCX-20)
AT WAIAKEA HOUSELOTS, WAIAKEA, SOUTH HILO, HAWAII
MAP PREPARED BY:
COUNTY OF HAWAII, PLANNING DEPARTMENT
TMK: 2-2-35: 1 & 103 DATE: March 2, 2009
EXHIBIT "A" (Beth-An and Cary Nishijima
Map 1260)