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HomeMy WebLinkAboutCOM 0363.000 2008-2010 MSY Os M William P. Kenoi ~d William T. Takaba Mayor : • Managing Director Wally Lau ri oYn+'~ Deputy Managing Director County of Hawaii 891 Ululani Street • Hilo, Hawai'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 h] r C`1 Honorable J Yoshimoto, Chairman and Members of the County Council c County of Hawaii 333 K-11auea Avenue Hilo, HI 96720 T - T - Dear Chairman Yoshimoto and Members: w L/7 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 May 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, Williarn P. Kenoi Mayor Comm. No 3(o3 Enclosures Ref. To. L cc: Planning Department Ref. Date MAY 2 - -&m O.$> r ' .il YY Of ••,t1 O~M'+' 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 G Dear Chairman Yoshimoto and Council Members: rJ,- G Change of Zone Application (REZ 09-000090) u-; Applicant: Dr. Trevor Rodrigues Request: RS-10 to MCX-20 - Tax Map Key 2-2-50:43 The Planning Commission, after a duly held public hearing on May 1, 2009, voted F6 recotNend 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 45,800 square feet of land. The property is located at the northeast corner of Kawili Street and Laukapu Street, Waiakea, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicant is requesting 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 a veterinary clinic (Aloha Veterinarian Center) to the property. The current lease for the clinic expires in 2012, and the applicant prefers to relocate to the subject site. The applicant plans to construct a veterinary clinic, as well as two other buildings for commercial office and warehouse space in the future. The site plan indicates a split-level, two-story structure for the clinic. The second floor consisting of 7,992 square feet would be used for the clinic, and the lower area consisting of 2,592 square feet is proposed for the kennel. The applicant plans to construct two additional structures for office, warehouse, or other permitted uses in the MCX zone. Tentatively, these structures would be approximately 3,280 square feet and 3,510 square feet in size. Hawaii County is an Equal Opportunity Provider and Employer The Honorable .l Yoshimoto, Chairman and Members of the County Council Page 2 Preliminary site plans show 33 parking stalls for the veterinary clinic. Additional parking will be provided for the two future structures, as necessary. 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 (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 development will be developed in an area adequately served by necessary services such as water, utilities, sewers and transportation systems. The applicant is requesting an Industri al-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 Honorable J Yoshimoto, Chairman and Members of the County Council Page 3 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 for the property is Urban. The property is designated Urban by the Land Study Bureau's Productivity Rating. The Hilo Community Development Plan (CDP) adopted in 1975 suggests 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 location in close proximity to water, air transportation terminals, harbor facilities and the 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 property is an improved, approximately 45,800 square foot parcel on the northeast corner of Kawili Street and Laukapu Street. Currently, there are 5 rental units on the site. These units will remain as rentals until the commencement of construction. Due to the grade difference of 15-20% between the northern and southern portion of the parcel, the site is proposed to be developed with a split-level style for the clinic. The lower (northern) portion adjacent to the Industrial-zoned property would possibly be used as a kennel. The land uses in the immediate area are a mix of residential, commercial and industrial uses. Across Laukapu Street to the west is a vacant property zoned MCX-20 under Ordinance No. 03 109 on July 9, 2003. An industrial-commercial complex zoned ML-20 is located adjacent to and north of the project site on the corner of Laukapu Street and Lanikaula Street, and various commercial/industrial uses are located on lands zoned ML-20 to the south/southeast of the project site, including Kamaaina Motors, a Farm Coop building, and various commercial businesses. There are a small number of residences on lands zoned RS-10 to the east on Kawili Street. TMK: 2-2-49: 24 located The Honorable J Yoshimoto, Chairman and Members of the County Council Page 4 one block east of the property on Kawili Street and Kalanikoa Street was zoned MCX-20 by Ordinance No. 05 159 effective December 15, 2005. All utilities and services are available to the site. Access to the project site is proposed from Kawili Street and Laukapu Street, both County roadways. Tentatively, an ingress-only access from Kawili Street is being proposed, while the Laukapu Street end would be a frill movement access. However, the applicant would like to retain the option of full movement accesses from both Laukapu and Kawili Streets. There are no sidewalks in the area. According to the Department of Public Works, Kawili Street is a secondary arterial with a right-of-way width of 80 feet. DPW recommends no or limited access to/from Kawili Street. Laukapu Street is a collector with a right-of-way of 40 feet fronting the property. Although the City of Hilo Zone Map does not show a future road widening setback for Laukapu Street, the applicant/landowner of the property across Laukapu Street to the west (TMK: 2-2-50: 37 and 38) was required to provide a 10-foot future road widening strip when the property was rezoned in 2003. Therefore, to be consistent with the condition of approval for TMK: 2-2-50: 37 and 38, a condition will be included to provide a 10-foot future road widening strip along the eastern side of Laukapu Street fronting the subject property. A condition of approval will also require that the applicant install concrete curb, gutter and sidewalk along the Laukapu Street property frontage, as well as pavement widening, drainage improvements, and utility relocation that may be required by the Department of Public Works. These improvements will be located within the road widening strip which will be delineated and dedicated to the County if required by the Department of Public Works. 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 property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The project site is located within Zone "X", area detennined 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. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 5 As the property is developed, no professional archaeological survey was conducted of the site. The applicant has stated that should any archaeological features or sites be discovered during the development of this project, work will immediately cease and the applicant will notify the Planning Department. No professional flora or fauna surveys were conducted of the site. The applicant does not believe that rare or endangered floral or faunal resources are on the site. The property is located in an urban setting close to existing industrial and commercial uses and is fully developed with five rental units. The request is not contrary to Chapter 205A, Hawai `i Revised Statutes, relating to Coastal Zone Management. The project site is located more than two miles from the shoreline, not located in the Special Management Area, and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. According to the applicant, no valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Therefore, no action is necessary to protect these rights. Based on the above findings, approval of this change of zone request from Sin.- lc-Family Residential (RS-10) to an Industrial-Commercial Mixed (MCX-20) zoned district would result in an appropriate land use pattern that will further benefit the general public. For your favorable consideration, an amendment to Section 25-8-33 (City of Hilo Zone Map), Chapter 25 (Zoning Code) of the Hawaii County Code is transmitted. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 6 We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, ~~)4 qlAl -Rell Woodward, Chairman Windward Planning Commission LrodriguesUPC Enclosures cc: Mr. Sidney Fuke Dr. Trevor Rodrigues Department of Public Works Department of Water Supply Department of Land & Natural Resources-HPD Lincoln Ashida, Esq., Corporation Counsel a Modfigue REZ.doo-4/14/09 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT DR TREVOR RODRIGUES CHANGE OF ZONE APPLICATION (REZ 09-90) DR. TREVOR RODRIGUES has submitted an application for a Change of Zone from Single-Family Residential 10,000 square feet (RS-10) to Industrial-Commercial Mixed 20,000 square feet (MCX-20) for approximately 45,800 square feet of land. The property is located at the northeast corner of Kawili Street and Laukapu Street, Waiakea, South Hilo, Hawaii, TMK: 2- 2-50: 43. PROPOSED DEVELOPMENT 1. Request: Change of zone from RS-10 to MCX-20 to relocate a veterinary clinic (Aloha Veterinarian Center) to the property. (Planning Department Exhibit 1- Change of Zone application) 2. Reasons for the request: The current lease for the clinic expires in 2012, and the applicant prefers to relocate to the subject site. The applicant plans to construct a veterinary clinic, as well as two additional buildings for commercial office and warehouse space in the future. The site plan indicates a split-level, two-story structure for the clinic. The second floor consisting of 7,992 square feet would be used for the clinic, and the lower area consisting of 2,592 square feet is proposed for the kennel. The applicant plans to construct two additional structures for office, warehouse, or other permitted uses in the MCX zone. Tentatively, these structures would be approximately 3,280 square feet and 3,510 square feet in size. Preliminary site plans show 33 parking stalls for the veterinary clinic. Additional parking will be provided for the two future structures, as necessary. 3. Timetable and Cost: The applicant plans to commence construction within 12 to 18 months before the expiration of the lease in 2012, at an estimated cost of $800,000 for the clinic. 4. Landowners: Trevor L. and Glenda G. Rodrigues. -1- ATTACH: Cams. 363 Bill 88 STATE AND COUNTY PLANS 5. State Land Use Designation: Urban. 6. General Plan LUPAG Map: Industrial. 7. County Zoning: RS-10. 8. Hilo Community Development Plan: The Hilo Community Development Plan adopted by Resolution No. 1 on May 21, 1975, designates this area as RS-10. 9. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies within the Coastal Zone Management area. 10. 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 two miles from the shoreline and is not in the SMA. DESCRH'TION OF PROJECT SITE AND SURROUNDING AREA 11. Subject Property: The property is an improved, approximately 45,800 square foot parcel on the northeast comer of Kawili Street and Laukapu Street. Currently, there are 5 rental units on the site. These units will remain as rentals until the commencement of construction. Due to the grade difference of 15-20% between the northern and southern portion of the parcel, the site is proposed to be developed with a split-level style for the clinic. The lower (northern) portion adjacent to the Industrial-zoned property would possibly be used as a kennel. 12. Surrounding Zoning and Land Uses: The land uses in the immediate area are a mix of residential, commercial and industrial uses. Across Laukapu Street to the west is a vacant property zoned MCX-20 under Ordinance No. 03 109 on July 9, 2003. An industrial- commercial complex zoned ML-20 is located adjacent to and north of the project site on the comer of Laukapu Street and Lanikaula Street, and various commercial/industrial uses are located on lands zoned ML-20 to the south/southeast of the project site, including Kamaaina Motors, a Farm Coop building, and various commercial businesses. There are a small number of residences on lands zoned RS-10 to the east on Kawili Street. TMK: 2- 2-49: 24 located one block east of the property on Kawili Street and Kalanikoa Street was zoned MCX-20 by Ordinance No. 05 159 effective December 15, 2005. -2- 13. 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. 14. Land Study Bureau's Productivity Rating: Unclassified. 15. Noise Impacts: Existing ambient noise includes traffic on Kawili Street. Short-term noise impacts associated with the project are temporary, and all applicable State rules governing construction noise abatement will be observed. 16. 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 Health's regulations. 17. FIRM: Zone "X", an area outside of the 500-year flood plain. 18. Coastal Hazards: The property is located over two miles from the shoreline, is not an oceanfront parcel, and will not affect, or be affected by shoreline processes. 19. Recreational Resources: The proposed development will not reduce the size of the coastline or other areas used for public recreational uses. 20. Visual Resources: The proposed project will not affect the line-of-sight toward the ocean. 21. Flora/Fauna: No professional surveys were conducted of the site. As the property is fully developed and located within an urban environment close to commercial, industrial and residential uses, the applicant does not believe that rare or endangered floral or faunal resources are on the site. 22. Archaeological/Historical Resources: As the site is fully developed with residential uses, no professional surveys were conducted. The applicant has stated that should any archaeological features or sites be discovered, work will immediately cease and the Planning Department will be notified. 23. 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. 24. Public Access: There is no record of a designated public access to the shoreline or -3- mountain areas that traverses the property. PUBLIC UTILITIES AND SERVICES 25. Access: Access to the project site is proposed from Kawili Street and Laukapu Street, both County roadways. Tentatively, an ingress-only access from Kawili Street is being proposed, while the Laukapu Street end would be a full movement access. However, the applicant would like to retain the option of full movement accesses from both Laukapu and Kawili Streets. There are no sidewalks in the area. According to the Department of Public Works (DPW), Kawili Street is a secondary arterial with a right-of-way width of 80 feet. DPW recommends no or limited access to/from Kawili Street. Laukapu Street is a collector with a right-of-way of 40 feet fronting the property. Although the City of Hilo Zone Map does not show a future road widening setback for Laukapu Street, the applicant/landowner of the property across Laukapu Street to the west (TMK: 2-2-50: 37 and 38) was required to provide a 10-foot future road widening strip when the property was rezoned in 2003. 26. Water: Water is available to the site. 27. Wastewater: The project will connect to the County's sewer line. 28. Solid Waste: Solid waste will be handled by commercial haulers. If required, a Solid Waste Management Plan will be prepared. 29. Essential Utilities and Services: Electricity and telephone services are available to the site. County fire, police and emergency medical services are available to the project area. Hilo Hospital is located approximately three miles from the site. AGENCIES' AND ORGANIZATIONS' COMMENTS 30. Department of Public Works: P. D. Exhibit 2 - February 18, 2009 memo 31. Fire Department: P.D. Exhibit 3 - February 18, 2009 memo 32. Department of Water Supply: P.D. Exhibit 4 - March 13, 2009 memo 33. Department of Environmental Management: P.D. Exhibit 5 - February 12, 2009 memo 34. DLNR Historic Preservation Division: P.D. Exhibit 6 - February 23, 2009 letter 35. Department of Health: P.D. Exhibit 7 - February 20, 2009 memo -4- AGENCIES - NO COMMENTS OR OBJECTIONS 36. Police Department, DLNR Land Division AGENCIES - NO RESPONSE 37. Civil Defense Agency APPLICANT'S RESPONSE TO AGENCY COMMENTS 38. P.D. Exhibit 8 - February 25, 2009, March 4, 2009 and April 5, 2009 letters PUBLIC COMMENTS 39. None as of this writing. -5- CHANGE OF ZONE APPLICATION 4 ,fi x,r 3 COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Dr. Trevor Rodrigues APPLICANT'S SIGNATURE: DATE: 11/18/08 ADDRESS: P.O. Box 5833 Hilo, M 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) 935-7387 (Res.) (Fax) LANDOWNER(S): Dr. Trevor Rodrigues and Glenda Rodrigues LANDOWNER SIGNATURE(S): ` DATE: 11/18/08 Ma LANDOWNER(S) ADDRESS: Same as a licant y ) REQUEST: RS-10 TO MCX-20 (Existing zoning) (Proposed Zoning) TAX MAP KEY: 2-2-50:043 STREET ADDRESS OF PROPERTY: 819 Laukapu Street Hilo, IR SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 45,800 square feet (1.0514 acres) AGENT: Sidney M. Fuke Planning Consultant ADDRESS: 100 Pauahi Street, Suite 212 Hilo, R 96720 TELEPHONE: (Bus.) 969-1522 (Real (Fax) 969-7996 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Sidney Fuke COPIES: Dr. Trevor Rodrigues (See Instructions on Reverse Side) Planning Dept. Exhibit I' ATTACHMENT Commercial, RM, Resort, & Industrial PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. if your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? No If yes, please answer the rest of question I and then to 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. Construct a veterinarian clinic for applicanfs needs and office buildings for rent/lease 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. Please refer to planning and environmental report. 4. Have you performed any study which would demonstrate a need for your proposed building and/or development? No if so, please elaborate on your findings in the space provided below. -2- 5. Have you performed any study which discusses the environmental impacts your request would nave on the surrounding area and/or the County? Yes If so, please elaborate on your findings in the space provided below. Please refer to accompanying planning and environmental report 6. Are there any buildings on the subject area? Yes If so, what kind? There are three residences that will even wally be demolished or relocated. What do you intend to do with those buildings if your request is approved? 7. 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 aw a. Schools x b. Roads x c. Sewer x d. Drainage x e. Police Protection x x f. Fire Protection x 9. 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. Yes; nothing significant; please refer to environmental report. Signature: Address: P.O. Box 5833 Hilo; III 0 Telephone: 935-7387 Date: November 18, 2008 -5- 6338A/50A P. D. 5/84 COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST - RS-10 to MCX-10 TREVOR RODRIGUES WAIAKEA HOUSE LOTS, SOUTH HILO, HAWAII TAX MAP KEY: (3) 2-2-050: 043 I. INTRODUCTION The applicant, Trevor Rodrigues, wishes to rezone the subject site consisting of 1.0514 acres or 45,800 square feet from Single-Family Residential (RS-10) to Industrial- Commercial Mixed (MCX-20 in the City of Hilo, Hawaii. The subject site is located on the southeastern corner of Kawili and Laukapu Streets, Waiakea House Lots, Waiakea, South Hilo, Hawaii, TMK: (3) 2-2-050: 037 and 038. Its street address is 819 Laukapu Street. If successful, the applicant plans to initially construct a veterinarian clinic and, eventually, two other buildings for commercial office and warehouse space. II. PROJECT LOCATION As noted earlier, the subject site consists of 45,800 square feet and is identified by TMK: 2-2-050: 043. The site is located on the southeastern corner Laukapu and Kawili Streets. (Figures 1 & 2) In this area, the south side of Kawili Street is dotted with a mixture of light industrial and commercial uses. There are automobile dealership, restaurants, auto repair shops, and associated industrial/commercial uses on the south side of Kawili Street. The Hilo Community College is also located in this general area. Other uses within 500 feet of this area on the north side of Kawili Street include scattered residences, vacant properties, and a mixed commercial/industrial complex on the corner of Laukapu and Lanikaula Street. The property directly across of the subject site was recently rezoned into the MCX-20 district. Particularly along major street frontages, pockets of the Waiakea House Lots are slowly undergoing a land use transition from single-family residential to commercial uses, while the Kanoelehua Avenue and Kawili Street frontages are increasingly becoming commercial and light industrial in nature. Most of the zoning corresponds to this mixture of land uses. i ry : m ate Ig srnu~ss~ ~ 'a. R ~ ;tea. SUBJECT SITE ( FIGURE 1 t ~O 4 to SUBJECT SITE N em a; o la A ~ i BLOCK i35 .:aKrS'B LO CI~ - '36 B~OCKi 3T t A 96 to !T -Ta rcD.«a LANIKAUCA STREET K +•?aa.•ggti+ ' as M ' ' :O ..o ^ ~ , m£: Y$' ' : i9S s . -gat ly }C a 1 n~ r. ~ 2 v,` x. ne~ a R°rn v%a ¢°•xx Q ^ a o o. YY a ? a. $ a t ~Oa ° n eX°o'• .e °a ~Si [8 = 9 - w c ~k e ° a'a oL 0 0 Y~a'Li C x Y 4~0 ~C ? ,bOwY.'~ky <EOIaO Bt0.- K <G a Z ~ C ~ O N ng ;~x pp N • .isef P 23 • W O A--e °:w'; s A Kg NIL/ ST. EAR-~'~~`• ' ~ - KAWIL/ STREET <x-mow - ~ pt. a ~p Y,'"a„ 8n •a 3}'° ~ j 1.1 J 3 r i _ © n lay 1t0A ~Vo .l' lu i. 9 yob p~~ ' r gg ~4y . a C;ni 2 POOKEGA w STREET O 1~ ~ x 0 5 v O ppo . 'cgs t y~ qr3 ^ CV3 `XOpt~XOO abc w `'YO x~ O r 1 n m j F PLAT 3 60 yb Y y p 0 S NZ ~ ~ p o Ei .ne.e V N t ~o m J m y v Oy KAEI NANA I SUBDIVISION e n Y WIWOOLE STREET AURE 2 U nSNi 1%, 6n ~ T--522 4~ 'p n NO-N O III. PROJECT DESCRIPTION A. Project Concept and Components The applicant wishes to relocate its veterinarian clinic (Aloha Veterinarian Center) located on Holomua Street to the subject site. The applicant's clinic is currently situated on lease land, and the lease will expire in the year 2012. Rather than renewing the lease, the applicant would like to relocate to the proposed site, a site that he currently owns. The applicant tentatively plans to construct a split-level, 2-story structure for its clinic. Because of the sloping condition of the property, the exposed portion (24'x 108') of the lower area, consisting of 2,592 square feet, would be used as a kennel. The entire upper floor (74' x 108'), consisting of 7,992 square feet, would be used for the clinic. In the future, the applicant would like to construct two additional structures on the site that would be rented out for office, warehouse, or other uses permitted in the MCX zone. The visibility and accessibility of this area, combined with the mixture of light industrial and commercial uses, make this site quite attractive for warehousing and associated retail uses permitted in the MCX zone. These structures tentatively would consist of 3,280 square feet and 3,510 square feet. As show on the preliminary site plan, a minimum of 33 parking stalls would be provided for the proposed veterinarian clinic. This would be consistent with the Zoning Code of 1 stall per 300 square feet. Twenty seven (27) stalls are required for the clinic. It is unknown whether parking would be required for the kennel itself. If so, additional parking can and will be provided on site. As for the two other future structures, 26 parking stalls would be required for their combined area of 7,790 square feet. Presently, 33 parking stalls are shown on the preliminary site plan. As proposed, there would be an ingress-only access from Kawili Street and a full movement access from Laukapu Street. Presently, the site has full movement access from both Kawili and Laukapu Streets. It should be emphasized that since the plans are preliminary at this time, the applicant would like to retain the option of full movement accesses from both Laupaku and Kawili Streets, as they currently exist today. 2 The preliminary plan reflects a setback of 30+ feet from Kawili Street and 25+ feet from Laukapu Street for the clinic. The other future buildings have a 4+ foot setback along the north side property line (which abuts a ML zoned property) and 10 feet from the side/rear eastern property line. The setback from Laukapu Street is in excess of 60 feet. (Figures 3 & 4) Landscaping consistent with Planning Department Rule No. 17 would be installed around the perimeter of and, if needed, within the subject site. As noted above, the proposed structures and parking location are preliminary and may be adjusted to accommodate the spatial requirements of the potential use and County's design review and related construction requirements, as outlined in the Zoning Code and any conditions of the zone change. The applicant is thus aware that approval of this rezoning request does not suggest the County's tacit or direct commitment of the design reflected in this application. B. Project Timetable and Cost Should the request be approved, the applicant intends to finalize the construction plans and begin construction of the clinic within the next 12 to 18 months to enable his relocation before the lease of his existing clinic expires in 2012. The estimated cost of the first phase of this project is estimated at over $800,000, which includes the required site work. The cost to do the subsequent phase is estimated at also another $800,000. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject property is designated Urban. As such, no State Land Use Commission action is required. The County of Hawaii can process the rezoning request. B. County General Plan The County General Plan Land Use Pattern Allocation Guide (LUPAG) map, if scaled, designates the site Industrial. Relative to the Industrial designation, the General Plan allows consideration for "manufacturing and processing, wholesaling, large storage and transportation facilities, and light industrial uses." As such, the 3 .,j LAUKAPU 51KP p r! I s a ~zF' _ INy~ _ I IFF att~ J N c D J I m n .y, w e " u' N E { I - a } eo ~5 8 I c _U j I a ~g ~ 9z ~ ~r I ~ e ~ - p ~i9 a ~ 6 m - yl Ll N a.-. I J N I A F 6v ~ - J fl J AEI N ~ - OO.oor I ~r~OC Cb I FIGURE 3 DRAWN W. WlE cp111ENR: mIE' flfl1510.~ Cole Custom Drafting uk i - E i i ~ M 3 k FIGURE 4 -44 requested MCX zoning would be consistent with this designation, and no General Plan amendment is necessary. No changes affecting this area were made in the most recent revision to the General Plan. C. Hilo Community Development Plan The Community Development Plan (CDP) attempts to further define the General Plan and serves as a guide for decision-makers. It was adopted by the Planning Commission in 1975, over 25 years ago. Although reviewed by the County Council, the CDP was never adopted. The CDP's Land Use Concept map identifies a RS-10 designation for this area. This designation suggests residential uses at an average of nearly 4 units per acre. Notwithstanding this inconsistency, however, it is acknowledged that the growth of Hilo and its outlying areas like Puna, have made some of the planning assumptions of the CDP obsolete. An updated CDP would be timely. Absent the availability of a relevant intermediary planning document, one must rely only on the General Plan LUPAG map and policies. In the end, the General Plan is more critical, as the County Charter requires all zone changes to be consistent with it. D. County Zoning The County zoning of the subject site is Single-family Residential (RS-10). If the Industrial-Commercial Mixed (MCX-20) request were approved, the site would be developed into a veterinarian clinic and warehouse and retail/office project. All requirements of the appropriate land use and development codes such as parking, landscaping, fire, ADA, and the like would be complied with during the subsequent permitting phases of this project. G. Other Permitting Considerations The site is not located within the County Special Management Area (SMA). As such, no SMA Use Permit would be required. However, other construction-related permits would still be required. These would be of the "ministerial" variety, such as Plan Approval, building permit, driveway permit, and health clearances. 4 V. ENVIRONMENTAL CONSIDERATIONS A. General Description The 45,800 square foot site is shaped like a rectangular. It has a width of 200 feet and a depth of 229 feet. There are presently five rental units on the site. These units will continue to be rented as such until the applicant is ready to start construction. A minimum 6- month notice to these tenants will be provided. There is a 15-20% grade difference along the middle portion of the property. That is why the site is being proposed to be developed with a split-level style of a structure for the clinic. This works out well for the applicant, as the lower portion - without much improvement - can be used as a kennel. That site condition plus cost leads the applicant to develop the site as two separate projects. B. Climate, Soil and Topography According to the State Commission on Water Resource Management, the nearest rain gauge in this area is the Hilo Airport. The rainfall data of this gauge notes that over the past 37 years, the annual median rainfall for this area was 131.1 inches. The wetter months tend to occur between October through April. The average daily temperature ranges from a minimum of 61 degrees to a maximum of 79 degrees Fahrenheit. Wind patterns are generally tradewinds (easterly) during the day, and westerly or mountain winds during the evenings. As noted earlier, although the southern end of the site is at grade with Kawili Street, the northern end drops off. However, the respective areas are fairly level, and there are no perceptible topographic or geologic constraints. The elevation of the site varies between approximately 75 feet to 60 feet. Being within a heavily urbanized area, the Land Stud Bureau Overall Master Productivity Rating does not have any classification for this site. Likewise, the site is not classified under the Agriculture Lands of Importance to the State of Hawaii (ALISH) classification system. Thus, the State's classification system does not recognize this site as being agriculturally important. The U. S. Soil Conservation Service, however, has designated the soil type in this are to be of the Keaukaha extremely rocky muck (rKFD) series, 6 to 20 percent slopes. This soil type consists of 5 well-drained, think (less than 1 foot) organic soils overlying pahoehoe lava bedrock. Runoff is medium, erosion hazard slight, and shrink-swell potential high. These soils are usually moist, but when dried, they have high shrinkage but low swelling potential. This soil type is widespread throughout downtown Hilo. C. Natural Hazards 1. Drainage The US Corps of Engineers' Flood Insurance Rate Map (FIRM) designates the area of the proposed development to be in Zone X (areas outside of 500-year flood). There are no drainage ways through the site. Accordingly, the site has not and should not be subject to flooding. As there will be an added level of impervious surface resulting from the proposed parking area, there may be an issue relating to potential increased run-off. In that event, drywell or similar type of accommodations will be implemented, subject to the review and approval of the Department of Public Works. The depth of these drywells - if needed - will be sufficient to avoid potentially high groundwater table. 2. Tsunami Hazard As the site is situated over two miles from the ocean, it is located outside of the Tsunami Evacuation Zone. 3. Volcanic and Earthquake Hazards The United States Geological Survey (USGS) classifies the entire City of Hilo as being within Lava Flow Hazard Zone 3, on a scale of ascending risk, 9 to 1. There is very little that can be done to mitigate this situation and reflects an ongoing threat to all residents and businesses. The entire island of Hawaii falls within Earthquake Zone 4, according to the County Building Code. As such, the applicant understands and accepts that there will be added structural requirements to address this seismic hazard during the conversion process. 6 D. Fauna Resources Although there was no professional survey conducted of the faunal resources of the site, the applicant does not believe that rare or endangered faunal resources are likely to be found within or proximate to the subject site. The site is within an urban environment, with lots of light industrial, commercial, and residential uses adjacent and/or proximate to the site. Introduced bird species (such as dove, Japanese White-eye, house finch, myna) are commonly seen in this area. Domestic animals such as cats and dogs, and other animals like rats and mongoose are also common. These are all common and not endangered. As such, it is unlikely that the development of the subject property would cause any adverse faunal impacts. E. Flora Resources No commissioned flora survey was conducted of the site due in large measure to its location (urban) and the residential use of the property. There are some typical residential types of vegetation such as the plumeria tree. Also visible on the site were some African Tulip trees (spathodea campanulata), gunpowder trees (trema orientalis), ivy gourd (coccinia grandis), and other shrubberies. Like the faunal resources, the site is thus unlikely to have any threatened or endangered plant life. F. Historic/Cultural/Archaeological Resources For the same reason noted above, no commissioned archaeological inventory survey and cultural assessment study was conducted of the subject site. The residential use of the site for well over 50 years reduces the prospect of finding any archaeological remains. Nonetheless, during the course of developing this project, should any anticipated archaeological features or sites be uncovered, work in the affected area will immediately cease and the applicant will notify the Planning Department. G. Valued Cultural Resources In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai 0 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 traditional and customary practices of this site. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, fishing and/or coastal access is not an issue. It is not known whether the subject or immediate surrounding area was ever used for the gathering of plants by native Hawaiians. However, as the site has been used residentially for well over 50 years, it would appear very unlikely that the site would serve such purpose today and/or in the recent past. The site also appears not to have any known archaeological features on the subject property. Based on the above, it does not appear that the project would have any potential adverse impact relating to the cultural and historical resources of this area. H. Water and Coastal Resources The subject site is located over two miles from the coastline. As such, coastal impacts resulting from discharge of drainage systems from the site should not be significant. Being a non-coastal property, no coastal access will be affected. The existing residences have their own cesspools. However, the new structures will be hooked up to the County's wastewater system fronting Kawili Street. As such, potential groundwater and coastal resources impacts would be mitigated. Further as noted earlier, prior to the installation or use of any drywells on the site to address on-site drainage concerns, the appropriate UIC permit from the State will be taken. At that time, impacts to water and coastal resources will be carefully examined. 1. Noise Air Quality, and Dust Impacts The existing background ambient noise level is associated with the wind, foliage, birds, and the like. This is relatively low, averaging less than 45 Ldn. 8 Traffic along Kawili and Laukapu Streets and frequent aircraft traffic, however, heavily influence manmade noise in this area. Kawili Street serves as a major arterial into this section of the industrial area. As such, although this project will introduce additional vehicular traffic to this area, it is not anticipated to contribute significantly to the long-term ambient noise level. Thus, any traffic increase should result in a noise increase of equal to or less than 55 Ldn, which is within acceptable levels within an urban environment. The periodic aircraft overflights generate a higher level at approximately 60 Ldn. The short-term noise impacts will be associated with the construction of the project. These will be temporary. Further, all applicable State rules governing construction noise abatement will be observed. The applicant also intends to not allow noise- generating construction activity to occur on Sundays and early morning and late evening hours. The proposed development should not generate any direct air quality impacts. During the short-term, there may be some fugitive dust associated with the construction of the project. However, compliance with the State Department of Health's regulations governing dust control should help mitigate this potential impact. From a long-term perspective, the project itself is not expected to have uses that generate adverse air pollutants. The only discernible air quality impact would be associated with vehicular traffic to and from the site. While the added traffic will have an impact to the ambient air quality, the impact should not be significant. This is due in part to the higher EPA standards for automobile air emissions and the prevailing tradewinds. All of the required parking area within the project site will be paved with an all-weather, dust free surface. Landscaping will also be required as part of the Plan Approval requirement. As such, with the exception of minimal construction dust in the beginning, long term dust generated by the project should be insignificant. J. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as scenic resources. The subject site is not listed as a scenic site. However, Mauna Kea and Mauna Loa are listed as scenic resources. 9 The proposed development would not have any visual impacts on either of those mountains, particularly from Kawili Street or Laukapu Street. The location of the site is such that there will be no interruptions to these views. Thus, there should be little, if any, visual impacts resulting from this project. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The land uses in the immediate area are a mixture of a few single- family residences with predominant commercial and industrial uses. The commercial and/or industrial uses range from auto dealership, automobile parts store, auto repair shops, commercial complex, office buildings, contractor's baseyard, restaurants/eateries. As such, while the requested use would be consistent with the design and scale of the immediate area, the proposed use could still generate some impact to the few residences in this area. To mitigate these impacts, design and construction factors such as the placement of buildings, parking areas, lighting, landscaping, and the like will be taken into account. B. Economic Impacts The requested zoning would have some measure of economic impact, as it would provide short-term employment opportunities for those in the construction and related industries. With the completion of the project, there will possibly be a few long- term employment opportunities, as it will result in the relocation of an existing veterinarian clinic. The new structures, however, could possibly generate new businesses resulting in the creation of at least 10 full and part-time employees. The subject property is located proximate to commercial areas, including Downtown Hilo, Kaiko'o Mall, Hilo Shopping Center, and the University. It can thus be competitive with those areas. A mixed industrial/commercial rezoning would also increase the tax revenues to the County. However, there could be some real property tax consequences for the remaining residences in this area. As the assessed valuation of the subject property rises due to the higher commercial use, there could be some fallout to 10 neighboring properties. Nonetheless, for homeowners intent on keeping their property for residential uses, there are tax provisions that allow homeowners to "freeze" the valuation of their property for a certain period of time. C. Agricultural Impacts The site is and has not been used for intensive agricultural activities. The site has been used as a residence for over 50 years. The surrounding area is also heavily urbanized. Even the State ALISH's mapping system does not classify this site. Accordingly, the potential commercial agricultural value of the site - aside from limited domestic purposes - is minute, if at all. VII. INFRASTRUCTURAL CONSIDERATIONS A. Road Access to the project would be from Laukapu and Kawili Streets. The County-owned Kawili Street serves as one of several connectors between the main highway (Kanoelehua Avenue) and the local cross-town streets of Hilo. In this area, Kawili Street has a right-of-way of 80 feet, with 24+ foot wide pavement. There are also 8-10 foot shoulders on the south side and 4-6 foot wide shoulders on the north side. Some street parking is available, although there is no sidewalk in this area. Laukapu Street has a right-of-way of 40 feet, with a pavement width of 20+ feet. The shoulders range from 4-8 feet. There is a sidewalk section fronting a commercial/industrial complex adjacent and north of the subject site. Access to the site will be via Kawili and Laukapu Streets. Tentatively, an ingress-only access from Kawili Street is being proposed, while the Laukapu Street end would be a full movement access. However, as the plans are in its embryonic stage at this time, the applicant may want full movement accesses from both streets, as they currently exist. There is adequate sight distance in this area. The driveways can be situated away from the intersection and will be designed to County standards. While there will be some measure of traffic impacts, there are certain conditions that should help mitigate the impacts. For one, as noted earlier, both streets are relatively straight in this area, affording good sight distance. Then, too, the location of both 11 driveways will be situated as far away possible from the intersection. B. Water The County's water line fronts Kawili and Laukapu Streets. It is anticipated that the existing 5/8-inch meter would be sufficient for the proposed veterinarian use. If an additional or larger meter is needed, the applicant will install one. The applicant will also install a backflow preventer, if required. C. Wastewater The project's wastewater system will be hooked up into the County's system in this area. A Solid Waste Solid waste will be handled by commercial haulers who will dispose of the refuse at the county approved landfill, which at this time is located in Hilo. Typically, the waste generation of a project of this nature (veterinarian clinic) should be comparable to a few residences. Although the applicant does not believe one is needed, if required, a Solid Waste Management Plan can be prepared to help address ways to accommodate and reduce the project's waste. E. Other Government Services As this area is already part of the City of Hilo urban area, it is already being serviced. No extension of government services would be required, and existing facilities should be sufficient to accommodate the limited demand expected from this project At least 3 County Fire Stations and Emergency Medical Services are located within a 5-minute response area. As this project is a commercial/industrial one, it should have little or no direct impacts to schools, parks, and other related facilities. Nonetheless, there are parks and schools within a 2-mile radius of the subject site. The Hilo Medical Center is located, approximately 3 miles from the site. This hospital is one of five licensed hospitals on the island. 12 e F. Other Utilities All other utilities such as telephone and electrical services, are available to the site. VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Long-Term Productivity The short-term use of the site would probably be continued residential use. Further, 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 - albeit small - resulting from the construction and implementation of this project. Relatedly, the project will generate increased tax revenues that can supplement the State and County's fiscal resources. Because of its location, this project will provide a service that can be made reasonably accessible to the region and immediate neighborhoods. The required infrastructure - if needed - will be implemented by the applicant to mitigate potential impacts of this project. B. Irreversible and Irretrievable Commitment of Resources The subject site is already disturbed, having been used residentially for well over 50 years. As such, the commitment of natural or other resources (such as archaeological) would not appear to be an issue. The likelihood of finding archaeological features on the site is remote, due to the past development of the site. Further, any unanticipated finds will be properly mitigated upon consultation with appropriate government agencies. C. Mitigative Measures The applicant intends to provide any required off and on-site infrastructure in conjunction with the development of this project. These may include drainage, wastewater, and water improvements. The applicant will provide the driveway accesses from Kawili Street and Laukapu Street, meeting with the approval of the County Department of Public Works. Likewise, the applicant, if required, is prepared to make on-site drainage improvements to accommodate 13 the planned parking area as well as hooking into the County's wastewater system. All of these will be done in conjunction with the permitting and permit implementation phases of this project. Although the potential for unearthing archaeological features on the site is remote, if any inadvertent discoveries are made during any phase of this project, the Planning Department will be notified. Work will resume only upon receipt of proper clearances from said agency. If required, additional landscaping will also be incorporated within the project site, as well as along the boundaries. The landscaping would be consistent with the Planning Department's landscaping rules. As the site has dwellings on them, there may be a concern relative to displacement. The applicant recognizes this and as such will provide a minimum of 6 month notice to these tenants. Furthermore, rental vacancies have increased over the past year in the Hilo and surrounding area, thereby providing some alternatives. D. Alternatives to the Proposed Project 1. No Project Under the status quo alternative, the site would remain in its present residential use. Under this scenario, the site would not be fully utilized by a use envisioned by the County General Plan. 2. Development Based on Existing RS-10 Zoning Under this alternative, the land could be subdivided, as it would meet the minimum area requirement for 4 lots. It would then be possible to construct an additional dwelling with an "ohana" permit on each of the lot, resulting in a total density of 8 homes, which would be twice as many homes on the property today. However, the site's proximity to commercial and industrial uses and the heavily traveled Kawili Street would make it less desirable for more intensive residential uses. Accordingly, it may be unlikely that the site would be developed more intensively for residential uses. 14 3. Alternative Residential Densities The site could be developed into a higher residential density, such as multiple-family. However, that would not be fulfilling the long-range Industrial objective of the General Plan LUPAG map. Notwithstanding the General Plan, as noted above, having residential uses adjacent to a major street, particularly from a noise and dust perspective, may not be a desirable use. 4. Evaluation of Alternatives Leaving the property in its current residential state would not maximize the use of the land as envisioned by the General Plan. There would also be diminished tax revenues and fewer services to the public. While alternative residential densities are possible, the proximity of industrial and commercial uses and a major arterial (Kawili Street) would not make such a project feasible. At the same time, the project's impact to the area's social and physical infrastructure would not appear to be pronounced, particularly in light of the low impact industrial uses being contemplated. Further, additional mitigative measures such as landscaping, lighting, and so forth will be taken to address any possible impact associated with the proposed use. In that regard, the project in totality would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested MCX-20 zoning alternative. IX. 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. 15 The LUPAG map designates the site Industrial, a designation that allows the requested MCX-20 zoning. Accordingly, this request would not be inconsistent with the LUPAG map. General Plan Policies The requested zoning would be consistent with the goals, policies, and standards of the Economic and Land Use Elements of the General Plan. Specifically, the more pertinent ones follow: 1. Economic Element Goals • Provide residents with opportunities to improve their quality of life. • Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. • The County of Hawaii shall strive for diversity and stability in its economic system. • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. Policies • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. • The County shall strive for an economic climate which provides its residents an opportunity for choice of occupation. • The County shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. 16 r t • The County shall encourage the development of a visitor industry which is consistent with the social, physical, and economic goals of the residents of the County. Discussion The request would provide a new veterinarian clinic as well as opportunities for warehousing and small retail/office/warehouse uses in an area that is serviced by a good transportation system. Relatedly, all required infrastructure is there or, if not and/or needed, will be provided by the applicant without taxing government's servicing ability. Further, the area is located proximate to industrial and business areas, making the site accessible to these uses. At the same time, because of the type of uses and their small-scaled nature, the requested project should be consistent with the land use pattern in this area, while making it convenient for the region and surrounding neighborhoods. 2. Land Use Element (Commercial) Goals • Provide for commercial developments that maximize convenience to its users. • Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. Policies • Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems. Should such services not be available, the development of more intensive uses should be in concert with a localized program of public and private capital improvements to meet the expected increased needs. 17 f • Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. • The development of commercial facilities should be designed to fit into the locale with minimum intrusion while providing the desired services. Appropriate infrastructure and design controls shall be incorporated into the review of such developments. Standards • Commercial developments shall be located in areas adequately served by transportation, utilities, and amenities. Commercial developments shall provide for adequate internal circulation amongst commercial facilities in the area. • Off-street parking and loading facilities shall be provided. • 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 As the City of Hilo and its surrounding area continue to grow, there will be a need for more commercial and industrial areas. This area is somewhat suitable for such an expansion. Because it is in an area of transition, appropriate mitigative measures such as landscaping and design can be taken. As such, from a visual and infrastructure perspective, the proposed project would not overwhelm the surrounding area. The subject site also fulfills other policies and standards articulated in the General Plan. The site is already serviced by adequate infrastructure, and where there are not, will be extended and/or provided by the applicant. The County water and sewer lines are already available to the subject site. 18 Police and fire protective services are available within a 5- minute response time. As such, this project should not require addition public services to be provided. The site does not have any on-site developmental constraints. The land is relatively level and is designated "X" on the FIRM map. Further, because a veterinarian clinic, warehouse and commercial/office uses are not noxious, potential pollution concerns would be minimal, if at all. Being used residentially for over 50 years, the prospects of the site serving as a habitat for rare or endangered plant or animal life appear remote. There is also little evidence that the site would have any archaeological feature. Because of the proposed scale and type of uses, the request would be somewhat compatible with the growing mix of industrial/commercial uses. To further mitigate potential visual and noise impact, additional landscaping can be provided adjacent to any surrounding residential properties. Finally, the standards for a warehouse/commercial retail/office building will be fulfilled. These include the acreage, setbacks, uses, parking, etc. C. Hilo Community Development Plan As noted earlier, the Hilo CDP was adopted in 1975 by the Planning Commission to serve as a guide to the General Plan. Although the site is designated RS-10, many changes have occurred over the past 25 years, making many of the planning assumptions obsolete. D. Zoning If the request is approved, all of the requirements relative to height, setback, landscaping, and parking, and the like would be complied with. No variances from the Code are anticipated. 19 DEPARTMENT OF PUBLIC WORKS.' COUNTY OF HAWAII HILO, HAWAII DATE: February 18, 2009 W& t ""4&W TO: B,J LLe~ithead Todd, Acting Deputy Planning Director FROM: c- Department of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09-000090) Applicant: Dr. Trevor Rodrigues Request: RS-10 to MCX-20 Tax Map Key: 2-2-50: 043 We have reviewed the subject application forwarded by your memo dated February 9, 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. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain. The Zoning Map (Ordinance No. 187) classifies Kawili Street as a secondary arterial with an existing right-of-way width of 80 feet. To preserve the functional classification, we recommend no access or marginal (limited) access, at most. Laukapu Street is classified as a collector with an existing right-of-way width of 40 feet fronting the subject parcel. Provide a minimum.20-ft corner radius (property line) at the intersection of Kawili Street and Laukapu Street incorporating any future road widening setbacks as may be established by the Planning Department. Based on the proposed zoning, we recommend the applicant provide improvements to the entire frontage along Kawili 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 requirements of the Department of Public Works. The improvements shall be located within any established future road widening setback. 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. l Questions may be referred to Kelly Gomes at ePRId~}{'7Nng Dept, t Exhibit :rvQ50284 OF WATER S o~q. Gq(1 19 49 DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAI°I OGyTYOFHAll p\`aP~v 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961-8050 • FAX(808)961-8657 cw March 13, 2009 "o TO: Ms. BJ Leithead Todd, Planning Director Planning Department r., q FROM: Milton D. Pavao, Manager rc} SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09-000090) APPLICANT - DR. TREVOR RODRIGUES REQUEST: RS-10 TO MCX-20 TAX MAP KEY 2-2-050:043 We have reviewed the subject application and have the following comments and conditions. Water is available from an existing 8-inch waterline within Laukapu Street or from an existing 8-inch waterline within East Kawili Street, both fronting the subject parcel. The subject parcel is currently served by an existing 5/8-inch meter, which is limited to one unit of water with an average daily usage of 400 gallons. Through a copy of this letter, the applicant shall be informed that the current average daily water usage through the existing 5/8-inch meter is approximately 1,600 gallons per day, or four (4) equivalent units of water, which is exceeding the capacity of the meter. The Department has no objection to the proposed Change of Zone application subject to the applicant understanding and accepting the following conditions: 1. The Department requests that the applicant submit estimated maximum daily water usage calculations for the proposed veterinarian clinic, commercial office, and warehouse space, 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. Upon acceptance of the water usage calculations, the Department will determine the water commitment deposit amount, appropriate meter size, facilities charges due, and other requirements for water service. Please note that the appropriate meter size, water commitment deposit, and facilities charge will take into account the existing excess water usage noted above. 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. The installation of the backflow prevention assembly 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. ! SCANN E D Planning Dept. .ter brircg6 /'roqres~c C~ ! 2 193 f9 hiit 77II The Department of Water Supply is an Equal Opportunity provider and employer. To file a complaint of discrimination, write: USDA, Dire l, ftf g ^r rs,.~i _ e. Ms. BJ Leithead Todd, Planning Director Page 2 March 13, 2009 4. Please be informed that the existing 8-inch waterlines within Laukapu Street and East Kawili Street are looped and therefore adequate to provide 2,000 gallons per minute for fire protection, as required per the Department's Water System Standards. Should there be any questions, please contact Mr. Finn McCall of our Water Resources and Planning Branch at 961-8070, extension 255. Sinc yours, Mil D. Pavao, P.E. ( Ma a r FM:dfg copy - Dr. Trevor Rodrigues Mr. Sidney M. Fuke, Planning Consultant of -j T ~M~V of p_pi William P. Kenoi Darryl J. Oliveira Mayor Fire Chief '';Roi=warp Glen P. I. Honda Deputy Fire Chief Countp of ~abnaf `i FIRE DEPARTMENT February 18, 2009 25 Aupuni Street • Suite 103 • Hilo, Hami`i 96720 (808) 981-8394 • Fax(808)981-2037 TO: BJ LEITHEAD TODD, ACTING DEPUTY PLANNING DIRECTOR FROM: DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09-000090) APPLICANT: DR. TREVOR RODRIGUES REQUEST: RS-10 TO MCX-20 TAX MAP KEY: 2-2-50:43 In regards to the above-mentioned Change of Zone application, the following shall be in accordance: Fire apparatus access roads shall be in accordance with UFC Section 10.207: 'Fire Apparatus Access Roads "Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the fast story is located more than 150 feet from fie 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 tenpin, 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 countyjurisdiction. Planning Dept. Exhibit 0 5 Q L~ ~~REOE~ ll HnzunrS Counhr is nu Enunl Onnnrtmvro PrnniAer mrd Fnrn/n r - BI Leithead Todd Page 2 February 18, 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. "(t) 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 taming 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. "(I) 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. ARR~L OLIVEIItA Fire Chief JCP:Ik i ~ ~JN'V Of t , £f t F i ',f 13, William Kenoi Lono A. Tyson Director Mayor 2C}ti 1 >r or Nr~ t • Count of'.afuai`i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street Hilo, Hawaii 96720 (808) 961-8083 • Fax (808) 961-8086 htti)://co.hawaii.hi.us/dicectory/dir envmne.htm MEMORANDUM Date : February 12, 2009 To BJ LEITHEAD TODD, Acting Deputy Planning Director From: LONO A. TYSON, Director i Subject: Change of Zone Application (REZ 09-000090) Applicant: Dr. Trevor Rodrigues Request: RS-10 to MCX-20 TMK: 2-2-50:43 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: Sa. ZEL-ow WASTEWATER COMMENTS: ( comments ( ) Ro equire connection of existing and/or proposed structures to the public sewer in accordance with. Section 21-5 of the Hawaii County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii County Code. Complete D.E.M. Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. ( ) Other: SOLID WASTE COMMENTS: ( ) No comments (n) Commercial operations, State and Federal agencies, religious entities and non-profit / organizations may not use transfer stations for disposal. (X) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. (x) Ample and equal room should be provided for rubbish and recycling. ( ?'J Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. Construction and demolition waste is prohibited at all County Transfer Stations. )C ( )r-) Submit Solid Waste Management Plan in accordance with attached_ guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( ) Other: cc: SWD, WWI) Planning Dept. Exhibit `t r~nnnw nr M,twnr•i it, an Fntrai nnnnmrnrtv vr„vidPr and FmnlnvPr f3 C'h ~1 t'7 LC.__ ,I OF `V ^ \1IJQ William P. Kenoi .i Lono A. Tyson Mayor Director Ivan Torigoe Deputy Director anuu t ofpauf>, a t DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street Hilo, Hawaii 96720 (808) 961-8083 Fax (808) 961-8086 http://co.hawaii.hi.us/directory/dir envmne htm 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 Hawai'i 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: !-erg Tr fig Lono A. Tyson DIRECTOR County of Hawai' i is an Equal Opportunity Provider and Employer. ea ~ irl ~ e ~FIi ta5s ii, d ul,` 1 LUNDALNGLE SC h~ c IPPERa N CAVERNJR OF HAWAII Ap ,g EB~'+. BO O tANO N4 NATVRAENESOVR[ES ` ' COMM 550 O TE0.PES0 RLE MANAOEMEM gg S RUSSELLY. TSUn ,y,d ma,y.iz ) : C zl l C.'C3 f t~ DW R 'W~ i T^ KENMR-W O AHPA _ PVTYOMREL1pR WATER OE AQVATICRFS CES 80t 0CEANRECRFAl10N o } COMMISSION TN NARE50VRCEMANAGEMENi CONSERVAiIONANO COASTAL 1AN04 STATE OF HAWAII I.UE ATIONA R 0 CR5 ENEnREEMENi DEPARTMENT OF LAND AND NATURAL RESOURCES `II°IS'ioTRlceR°NORSEevanoN sal YAIIOOLAWE ISLAND RESERVE COMMISSION STATE HISTORIC PRESERVATION DIVISION ware vecs 601 KAMOKILA BOULEVARD, ROOM 555 KAPOLEL HAWAII 96707 February 23, 2009 BJ Leithead Todd, Acting Deputy Planning Director LOG NO: 2009.0882 County of Hawaii Planning Department DOC NO: 0902MD31 101 Pauahi Street, Suite 3 Archaeology Hilo, Hawaii 96720-4224 Dear Mr. Todd: SUBJECT: Chapter 6E-42 Historic Preservation Review - Request for Comment on a Change of Zone Application (REZ 09-000090) Waiakea Ahupua'a, South Hilo District, Island of Hawaii TMK: (3) 2-2-050:043 Thank you for the opportunity to review the aforementioned project, which we received on February 19, 2009. We may ultimately have concerns about the proposed future demolition of the three structures on this lot, as all are over 50 years old and therefore eligible as historic properties. However, we do not feel this potential future action should hold up the change of zone application, as we feel that changing the zone will have no effect on historic properties. We have requested that the planner for this project contact our Architecture Branch at (808) 692-8015 for current information on the architecture review submittal process (Log No. 2009.0081, Doc No. 0901MD52). If you have questions about this letter please contact Morgan Davis at (808) 933-7650. Aloha, Nancy McMahon, Deputy SHPO/State Archaeologist and Historic Preservation Manager State Historic Preservation Division Cc: SHPD Architecture Branch R ~...ava 4. I s.. W Planning Dept. G 505 13 Exhibit LINDA LINGLE c o a CHIYOME L. FLIKINO, M.D. ,,GOVERNOR y 4~1 ssa iDirector of Health l:+ / t P. STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: February 20, 2009 TO: BJ Leithead Todd Acting Deputy Planning Director, County of Hawaii FROM: Newton Inouye' Acting District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 09-000090) Applicant: Dr. Trevor Rodrigues Request: RS-10 to MCX-20 Tax Map Key: 2-2-50:43 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." As a demolition and renovation activity, the Federal Register, 40 CFR Part 61, National Emission Standard for Hazardous Air Pollutants, Asbestos NESHAP Revision; Final Rule, November 20, 1990, requires the owner/operator to inspect the affected areas to determine whether asbestos is present. Under the Asbestos School Hazard Abatement Response Act (ASHARA), all persons who conduct inspections (i.e. perform sampling and assessment of suspected asbestos-containing material) in schools or public and commercial buildings must have an active Asbestos Hazard Emergency Response (AHERA) certificate-of-training from an accredited training provider. Under NESHAP's regulation, the owner/operator would be required to file with the Department of Health, Noise, Radiation and Indoor Air Quality Branch, an Asbestos Demolition/Renovation notification 10 working days prior to demolition of each building or the disturbance of regulated asbestos-containing material. All regulated quantities and types of asbestos-containingymatgri _uA Planning Dept. <s CA JNr Exhibit _ Q BJ Leithead Todd Page 2 of 2 February 20, 2009 would be subject to emission controls, proper collection, containerizing, and disposal at a permitted landfill. Under a renovation project, if the amount of friable or non-friable material rendered friable is less than 160 square feet, the project would not be subject to the NESHAP requirements. However, the persons who conduct activities related to abatement and/or disturbances to friable material greater than three square feet or three linear feet, must have an active AHERA certificate of training from an accredited provider for that specific discipline (i.e., project designer, abatement supervisor and worker). If you have any further questions, please feel free to contact the Noise, Radiation and Indoor Air Quality Branch at (808) 586-5800. Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." 1. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. 2. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. 3. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Should there be any questions on this matter, please contact the Department of Health at 933- 0917. 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. We recommend that you review all of the Standard Comments on our website: htM://hawaii.gov/health/environmental/env-planning/landuse/landuse,httnl. Any comments specifically applicable to this project should be adhered to. 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 09-000090.at .Now SidneyFuke, Planning Consultant ArJW 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 ff?Il ' E k).- 4t -Planning - Variance - Zoning Telephone: (808) 969-1522 • Fax: (808) 969-7996 • Subdivision • Land Use Permits E-mail: sidfuke@hawaiiantel.net s • Environmental Reports February 25, 2009 2i 1 rFR 26 AI'1 ii: 27 Ms. BJ Leithead Todd, Acting Deputy Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Ms. Leithead Todd: Subject: Rezoning Application (REZ 08-000090) Dr. Trevor Rodrigues TMK: 2-2-50. 043 Thank you for providing me with a copy of agency comments to date regarding the subject application. In response to these comments, we are pleased note that the Police Department did "not anticipate any significant impact to traffic and/or public safety concerns." Relative to the other agencies' 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 Department of Public Works' 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. The applicant realizes that Kawili Street is classified as a secondary arterial and hence, the DPW's desire to limit access. However, we would appreciate your taking the following under consideration. As noted in the application, two accesses are being proposed for this project. As such, the volume of traffic entering and exiting the property will be shared instead of limited or burdening only one street. Furthermore, the site is already serviced by an access from both streets. Additionally, because Kawili Street in this area is straight and with no significant undulations, the sight distance should be acceptable. Planning Dept. AN-NQF Exhibits,,;) „ i ( 60F500 Ms. BJ Leithead Todd, Acting Deputy Director February 25, 2009 Page 2 The applicant is willing to provide the needed right-of-way to accommodate the required turning radius at the intersection as well as the added right-of-way along Laukapu Street, as was required of the development adjacent and north of the subject property. Because of cost consideration, the applicant would prefer not having to construct curb, gutter, and sidewalk along the site's two street frontages. However, the applicant understands the need for pedestrian safety and the fact that this was a requirement for other developments. in this area. Hence, if this becomes a requirement, the applicant would comply. We trust that the above adequately responded to the comments. If not or if there are further questions, please let me know. Thank you very much. Sincerely, S iY%.6KE Planning Consultant Copy - Dr. Trevor Rodrigues w/ enclosures SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 " 1 r Ul, i' U Uhl }c Telephone: (808) 969-1522 • Fax: (808) 969-7996 f r,.! 1, i i • Planning • Variance • Zoning Anew, E-mail: sidfuke@hawaiiantel, net - • Subdivision • Land Use Permits • Environmental Reports March 4, 2009 2F 0.11 P, -5, AM 7: 38 Ms. B7 Leithead Todd, Planning Director COUNTY OF HAWAII 101 Pauahi Street Hilo, Hawaii 96720 Dear Ms. Leithead Todd: Subject: Rezoning (REZ 08-000085) - Dr. Trevor Rodrigues Waiakea Houselots Hilo M TiVIK: 2-2-050: 043 Thank you for providing me with a copy of agency comments to date. In response to these comments, we note the following: a. Because the dwellings on the site are more than 50 years old, the State Department of Land Natural Resources - Historic Preservation Division noted that they may be "eligible as historic properties." These dwellings, however, are not unique. As such, if needed, archival information can be provided to the DLNR-HPD prior to issuance of any demolition permit. b. Relative to the Fire Department's comments, please be informed that the requirements for fire flow protection and access to the structure will be complied with. During the building permit review process, the Fire Department is one of a number of agencies that must review and approved the plans. In that regard, all of its requirements will be fulfilled at that time. c. The State Department of Health provided comments from the District Environmental Health Program Chief. In the event underground injection well(s) are needed to accommodate potential drainage issues, the appropriate UIC permit will be secured during the subsequent permitting phase of this project. Furthermore, the applicant will instruct its contractor(s) to comply with the noise and air emission standards and any asbestos or hazardous waste regulations of the Department of Health during the demolition and construction phases of this project. We trust that the above adequately responded to the comments. If not or if there are further questions or comments, please feel free to contact me. Thank you very much. r SIDNEM. FUKE Planning Consultant SCANNED Copy - Dr. Trevor Rodrigues w/ enclosures X114 9 By: 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 02 Ms. BJ Leithead Todd, Planning Director COUNTY OF HAWAII 101 Pauahi Street Hilo, Hawaii 96720 Dear Ms. Leithead Todd: Subject: Rezoning (REZ 08-000085) - Dr. Trevor Rodrigues Waiakea Houselots, Hilo, HI, TMK: 2-2-050: 043 This is in response to the Department of Water Supply's comments regarding the subject matter. The Department noted that potable and fire flow water is available to service the subject project, subject to certain conditions. Please be informed that the applicant will comply with the conditions, including the submittal of a maximum estimated daily water usage calculations; installation of a backflow prevention system; and be responsible for the relocation, if necessary, of the water line fronting the property in the event other utility improvements are needed. We trust that the above adequately responded to the comments. If not or if there are further questions or comments, please feel free to contact me. Thank you very much. Sincerely, C SIDNEY M. FUKE Planning Consultant Copy - Dr. Trevor Rodrigues w/ enclosure SCANNED APR 0 6 2009 RRodrlguesREZ.doc-4/14/09 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION DR TREVOR RODRIGUES CHANGE OF ZONE APPLICATION (REZ 09-90) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation of the Change of Zone request be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is 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 a veterinary clinic (Aloha Veterinarian Center) to the property. The current lease for the clinic expires in 2012, and the applicant prefers to relocate to the subject site. The applicant plans to construct a veterinary clinic, as well as two other buildings for commercial office and warehouse space in the future. The site plan indicates a split-level, two-story structure for the clinic. The second floor consisting of 7,992 square feet would be used for the clinic, and the lower area consisting of 2,592 square feet is proposed for the kennel. The applicant plans to construct two additional structures for office, warehouse, or other permitted uses in the MCX zone. Tentatively, these structures would be approximately 3,280 square feet and 3,510 square feet in size. Preliminary site plans show 33 parking stalls for the veterinary clinic. Additional parking will be provided for the two future structures, as necessary. 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 (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 development will be developed in an area adequately served by necessary services such as water, utilities, sewers and transportation systems. The applicant is 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 for the property is Urban. The property is designated Urban by the Land Study Bureau's Productivity Rating. The Hilo Community -2- 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 location in close proximity to water, air transportation terminals, harbor facilities and the 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 property is an improved, approximately 45,800 square foot parcel on the northeast corner of Kawili Street and Laukapu Street. Currently, there are 5 rental units on the site. These units will remain as rentals until the commencement of construction. Due to the grade difference of 15-20% between the northern and southern portion of the parcel, the site is proposed to be developed with a split-level style for the clinic. The lower (northern) portion adjacent to the Industrial-zoned property would possibly be used as a kennel. The land uses in the immediate area are a mix of residential, commercial and industrial uses. Across Laukapu Street to the west is a vacant property zoned MCX-20 under Ordinance No. 03 109 on July 9, 2003. An industrial-commercial complex zoned ML-20 is located adjacent to and north of the project site on the comer of Laukapu Street and Lanikaula Street, and various commercial/industrial uses are located on lands zoned ML-20 to the south/southeast of the project site, including Kamaaina Motors, a Farm Coop building, and various commercial businesses. There are a small number of residences on lands zoned RS-10 to the east on Kawili Street. TMK: 2-2-49: 24 located one block east of the property on Kawili Street and Kalanikoa Street was zoned MCX-20 by Ordinance No. 05 159 effective December 15, 2005. All utilities and services are available to the site. Access to the project site is proposed from Kawili Street and Laukapu Street, both County roadways. Tentatively, an ingress-only access from Kawili Street is being proposed, while the Laukapu Street end -3- would be a full movement access. However, the applicant would like to retain the option of full movement accesses from both Laukapu and Kawili Streets. There are no sidewalks in the area. According to the Department of Public Works, Kawili Street is a secondary arterial with a right-of-way width of 80 feet. DPW recommends no or limited access to/from Kawili Street. Laukapu Street is a collector with a right-of-way of 40 feet fronting the property. Although the City of Hilo Zone Map does not show a future road widening setback for Laukapu Street, the applicant/landowner of the property across Laukapu Street to the west (TMK: 2-2-50: 37 and 38) was required to provide a 10-foot future road widening strip when the property was rezoned in 2003. Therefore, to be consistent with the condition of approval for TMK: 2-2-50: 37 and 38, a condition will be included to provide a 10-foot future road widening strip along the eastern side of Laukapu Street fronting the subject property. A condition of approval will also require that the applicant install concrete curb, gutter and sidewalk along the Laukapu Street property frontage, as well as pavement widening, drainage improvements, and utility relocation that may be required by the Department of Public Works. These improvements will be located within the road widening strip which will be delineated and dedicated to the County if required by the Department of Public Works. 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 property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The project site is located within Zone "Y', 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 property is developed, no professional archaeological survey was conducted of the site. The applicant has stated that should any archaeological features or sites be discovered during the development of this project, work will immediately cease and the applicant will notify the Planning Department. No professional flora or fauna -4- surveys were conducted of the site. The applicant does not believe that rare or endangered floral or faunal resources are on the site. The property is located in an urban setting close to existing industrial and commercial uses and is fully developed with five rental units. . The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management. The project site is located more than two miles from the shoreline, not located in the Special Management Area, and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. According to the applicant, no valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Therefore, no action is necessary to protect these rights. Based on the above findings, approval of this change of zone request from Single-Family Residential (RS-10) to an Industrial-Commercial Mixed (MCX-20) zoned district would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map), Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -5- CRoMgu REZ.doo-4115/09 DR TREVOR RODRIGUES CHANGE OF ZONE APPLICATION (REZ 09-90) CONDITIONS OF APPROVAL A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, and a water commitment deposit in accordance with the "Water Commitment Guidelines Policy" to the Department of Water Supply within 180 days from the effective date of this ordinance. C. The applicant 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 applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structures, paved driveway access and paved parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements) and Chapter 25 (Zoning Code), Hawaii County Code. E. Access(es) to the project site shall meet with the approval of the Department of Public Works. All driveway connections to Kawili Street and Laukapu Street shall conform to Chapter 22 (County Streets) of the Hawaii County Code. F. A 10-foot wide future road widening strip along the Laukapu Street frontage shall be subdivided and dedicated to the County within five (5) years from the effective date of this ordinance. G. The applicant shall provide improvements to the project's frontage along Kawili 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 applicant shall provide a minimum 20-foot corner radius at the intersection of Kawili Street and Laukapu Street incorporating the road widening setback. I. Streetlights and traffic control devices shall be installed as may be required by the Traffic Division, Department of Public Works. J. 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 for any new structures. Any drainage improvements shall be constructed, meeting with 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 Final Plan Approval. 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 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 -2- herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. 0. The applicant 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 applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicant should require an additional extension of time, the Planning Department shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. -3- p~! C~ COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. (p/w,hy f-) AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), U 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: 2-2-050:043. 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 Hawai `i 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 the southwest corner of this parcel of land, also being the northeast comer of the intersection of the rights-of-way of Laukapu Street and Kawili Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 3,894.00 feet South and 10,121.00 feet East and thence running by azimuths measured clockwise from true South: 1. 180° 00' 00" 200.00 feet along the east side of Laukapu Street (40' wise); 2. 270° 00' 00" 229.00 feet along Lot 2-A, Block 46, Waiakea House Lots, First Series; 3. 0° 00' 00" 200.00 feet along Lots 6-A and 8, Block 46, Waiakea House Lots, First Series; 4. 90° 00' 00" 229.00 feet along the north side of Kawili Street (80' wide) to the point of beginning and -1- containing an area of 45,800 Sq. Ft., 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. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- RS-10 RS-10 MLX-20 N FF 20 Q' ML- MLX-20 R5-10 RS-10 RS-10 O RS-10 RS-10 z L I E. LANIKAULA ST. R5-10 O OF RS-10 R5-10 RS-10 z RS-SO p" SINGLE FAMILY RESIDENTIAL -10,000 z - Q ML-20 SQUARE FEET (RS-10) MCX-20 ML-10 x x TOINDUSTRIAL-COMMERCIAL MIXED - ~J 20,000 SQUARE FEET (MCX-20) ML-10 (45,800 Sp. FT) 10 a , MCX-20 RS-10 RS-10 sk; >ss'Ir MCX-20 CN-10 MCX-20 s- t Yl ^ RS-10 MCX-20 3,8W 00S iomxOE E. KAWILI ST. 7iALAl" RS-10 ML-20 ML-20 ML-20 O O ML-20 ML-20 ML-20 0 150 300 600 900 1,200 R5-10 Feet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL -10,000 SQUARE FEET (RS-10) TO 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: 2-2-50: 43 DATE: February 6, 2009 EXHIBIT "A" (Dr. Rodrigues - Map 1258)