HomeMy WebLinkAboutCOM 0426.000 2008-2010William P. Kenoi
Mayor
County of Hawaii
891 Ululani Street Hilo, Hawaii 96720-3982 (80R) 961-8271 Fax (808) 961-6553
KONA: 75-5706 Kuakini Highway, Suite 103 Kailua-Kona, hlawa2i 96740
(808)329-5226 Pas (808)326-5663
June 23, 2009
Honorable J Yoshimoto, Chairman
and Members of the County Council
County of Hawai `i
333 Kilauea Avenue
Hilo, Hl 96720
Dear Chairman Yoshimoto and Members:
Change of Zone Application (REZ 09-000093)
Applicant: Don Hoota and Eric Hoota
Request: RS-10 to MCX-20
Tax Map Key• ~-~-35'17
William T. Takaba
Managing Director
Wally Lau
Uepury Managing Director
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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 letter and enclosures
regarding the abovea'eCereuced request.
Sincerely,
` _~,~~
William P. I{enoi
Mayor
Enclosures
ec: Planning Department
~$;11 105
Comm. No. ~l~dp
Ref. To: ~-~~~
Ref. Dots JUN 2 9 2009
County of Hawaii
PLANNING COMMISSION
Aupuni Centcr • 101 Pauahi Strcet, Suite 3 • Hllq liawaf`i 96720
Phone (808)961-82RR Pax (808)961-8742
June 23, 2009
The Honorable J Yoshimoto, Chairman
and Members of the County Council
County of Hawaii
333 Kilauea Aveuue, 2°`~ Floor
Hilo, HI 96720
Dear Chairman Yoshimoto and Council Members:
Change of Zone Application (REZ 09-000093)
Applicant: Don Hoota and Eric Hoota
Request: RS-] 0 to MCX-20
Tax Map Key' 2-2-35:17
The Windward Planning Commission, after a duly held public hearing on June 5, 2009, voted to
recommend for your approval the proposed legislative bill for a change of zone from a Single
Family Residential - 10,000 square feet (RS-10) to an Industrial-Commercial Mixed - 20,000
square feet (MCX-20) district for 22,900 square feet of land. The property is located at the
northeast corner of Laukapu Street and Hualani Street, Waiakea House Lots, Waial<ea, South
Pilo, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the change of zone:
The applicants are requesting a change of zone from Single-Family Residential
10,000 square feet (RS-] 0) to Industrial-Commercial Mixed 20,000 square feet (MCX-
20) to allow the development of a single-story steel-framed structure approximately 5,000
square feet in size. Lu~dscaping and parking will be provided on site. The extsting
dwelling will be demolished. The proposed project intends to address the existing
demand for industrial and commercial property in Hilo. According to the applicants,
many lessees within the Kanoelehua Lndustrial Park, numbering approximately 400
businesses, are uncertain about their future due to the expiration of their leases in 2016 or
earlier. The applicants have stated that businesses have expressed an interest in
relocating to a new facility with sufficient storage/warehouse space and adequate parking.
Hawaii County is an Equal Opportunity Provider and Employer
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 2
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that- evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must also be considered as they may have an impact on similar areas in the
County.
The Change of Zone request from aSingle-Family Residential 10,000 square feet
(RS-10) to the brdustrial-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 a~1d guidance of publicly and privately owned resources.
The request conforms to the goals, policies and standards of the General Plan in
that the proposed project will be developed in an area adequately served by necessary
services such as water, utilities, sewers and transportation systems. The applicants are
requesting an Industrial-Commercial mixed zoning. The proposed project conforms to
the Land Use -Industrial sub-element which states that "Industrial development shall be
located in areas adequately served by transportation, utilities acid 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 arnong the various land uses. The LUPAG Map establishes the basic urban
and non-urban form for areas within the County. The project area is designated Industrial
on the LUPAG Map. This industrial designation includes uses such as manufacturing and
processing, wholesaling, large storage and transportation facilities and light industrial
uses. The MCX zoning would be consistent with the Industrial designation on the
LUPAG Map for this area of Hilo.
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 3
The State Land Use designation and the Land Study Bureau's Productivity Rating
for the project site is Urban. The Hilo Community Development Plan (CDP) adopted in
1975 suggests the retention of residential uses in this area. However, this area is
transitioning to commercial and light industrial uses. The advantage of this area is its
close proximity to water, air transportation terminals, harbor facilities, commercial and
residential population of Hilo. The proposed change of zone would complement the
existing industrial and commercial land uses that already exist in this area and will
provide for an orderly development of the area.
The MCX zoning designation was created when the Zoning Code was amended in
1996. In accordance with Section 25-5-130, Hawaii County Zoning Code, this district
would allow a mix of light industrial and commercial uses. The intent is to provide for
areas of diversified businesses and employment opportunities by permitting a broad range
of uses, without exposing non-industrial uses to unsafe and unhealthy environments.
The property is a 22,900 square foot parcel, improved with an approximately 80-year old
dwelling and carport. The land uses in the immediate area are a mix of commercial,
industrial and residential uses. Immediately adjacent properties are zoned RS-10 and in
single-family residential use. Commercial and/or industrial uses nearby include Big
Island Candies on land zoned General Commercial (CG-20), single family residences,
and commercial uses such as the Atebara Potato Chip factory, quilt shop, various office
uses and a church. Various properties on Kalanikoa Street to the northeast and southeast
of the property have been rezoned from single-family residential to industrial:
• TMK: 2-2-35: 9 and 10, RS-10 to ML-20, Ordinance No. OS 142
effective October 11, 2005
• TMK: 2-2-35: 31, RS-10 to ML-10, Ordinance No. 91 38 effective May
7, 1991
TMK: 2-2-35:30, RS-10 to ML-20, Ordinance No. 85 12 effective
February 25, 1985
• TMK: 2-2-35: 99, RS-10 to ML-1Q Ordinance No. 88 95 effective June
30, 1988
All utilities and services are available Co the site. Access is proposed from
Laukapu Street and Hualani Street, both County roadways. Both streets are classified as
collectors with an existing right-of--way of 40 feet fronting the property.
The Deparhnent of Public Works (DPI recommends full improvements to the
entire frontage along Laukapu Sheet and Hualani Street consisting of, but not limited to,
pavement widening with concrete curb, gutter and sidewalk along with any utility
The Honorable J Yoshimoto, Chaimran
and Members of the County Council
Page 4
relocation. Five-foot wide fuhire road widening strips will be required along both streets.
The DPW further recommends that the applicants provide a minimum 20-foot property
line radius at the intersection of Laukapu Street and Hualani Street within the future road
widening setbacks. This recommendation, along with the future road widening strips,
will be required as conditions of approval.
County water is available to the site. The project will connect to the County's
sewer line. Solid waste will be handled by commercial haulers. Lf required, a Solid
Waste Management Plan will be prepared. Electricity and telephone services are
available to the site.
The project site has no severe geological or topographical problems which cannot
be rectified or which would render the land unusable. The property is located within
Zone "X", area determined to be outside the 500-year floodplain. All development
generated storm run-off shall be disposed of on-site and not allowed onto adjacenC
properties or roadways.
As the project site is developed, no professional archaeological survey was
conducted. By letter dated April 24, 2009, the DLNR-HPD has indicated that no historic
properties will be affected by this project. The applicants have stated that should any
archaeological features or sites be discovered during the development of this project,
work will immediately cease and the Planning Department will be notified. No
professional flora or fauna surveys were conducted, as the applicants do not believe that
rare or endangered floral or faunal resources are on the site. The property is located in an
urban setting close to existing industrial and commercial uses and fully developed with a
single-family dwelling.
The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to
Coastal Zone Management. The property is not located in the Special Management Area.
The project site is located more than one mile from the shoreline and will not be
impacted by coastal hazard and beach erosion. There is no record of a designated public
access to the shoreline or mountain areas that traverses the property. According to the
applicants, no valued cultural, historical or nahu-al 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 Co protect these rights.
Based on the above findings, approval of this change of zone request from a
Single-Family Residential (RS-10) to an Industrial-Commercial Mixed (MCX-20)
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 5
district would result in an appropriate land use pattern that will further benefit the general
public.
For your favorable consideration, an amendment to Section 25-8-33 (City of Hilo Zone Map), of
the County Zoning Code is transmitted.
We are enclosing copies of the staff Background and Planning Director's Recommendation for
your information.
Sincerely,
~i~~~~ C~
Rell Woodward, Chairman
Windward Planning Commission
Lhoota02PC
Enclosures
co; Mr. Brian Nishimura
Mr. Don Hoota & Mr. Eric Hoota
Department of Public Works
Department of Water Supply
Department of Land & Natural Resources-HPD
DOT-Highways, Honolulu
Lincoln Ashida, Esq., Corporation Counsel
g
BHoc1aREZ.doc-5/11/09
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
DON HOOTA and ERIC HOOTA
CHANGE OF ZONE APPLICATION (REZ 09-931
DON HOOTA and ERIC HOOTA have submitted an application for a Change of Zone
from Single-Family Residential - 10,000 square feet (RS-10) to the Industrial-Commercial Mixed
20,000 square feet (MCX-20) district for approximately 22,900 square feet of ]and. The property
is located on the northeast corner of the Laukapu Street-Hualani Street intersection, Waiakea
Houselots la` series, Waiakea, South Hilo, Hawaii, TMK: 2-2-35: 17.
PROPOSED ACTION
1. Request: Change of zone from RS-10 to MCX-20 to allow the development of a single-
story steel-framed structure approximately 5,000 square feet in size. Landscaping and
parking will be provided on site. The existing dwelling will be demolished. (Planning
Department Exhibit 1 -Change of Zone application)
2. Reasons (or the Request: The proposed project intends to address the existing demand
for industrial and commercial property in Hilo. According to the applicants, many lessees
within the Kanoeletlua Industrial Pazk, numbering approximately 400 businesses, aze
uncertain about their future due to the expiration of their leases in 2016 or eazlier. The
applicants have stated that businesses have expressed an interest in relocating to a new
facility with sufficient storage/wazehouse space and adequate pazking.
3. Timeframe and Cost: The applicants intend to construct the proposed facility within
two years of approval of the change of zone, at an estimated cost of $500,000.
4. Landowners: Don Hoota and Eric Hoota.
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
-1-
ATTACH: Cmm. 426
Sill 105
by Planning Commission Resolution No. 1 on May 21, 1975 identifies the 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 one mile from the
shoreline and is not in the SMA.
DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA
11. Subject Property: The property is a 22,900 squaze foot pazcel, improved with an
approximately 80-year old dwelling and carport.
12. Surrounding Zoning and Land Uses: The land uses in the immediate area aze a mix of
commercial, industrial and residential uses. Immediately adjacent properties are zoned
RS-10 and in single-family residential use. Commercial and/or industrial uses nearby
include Big Island Candies on land zoned General Commercial (CG-20), single family
residences, and commercial uses such as the Atebara Potato Chip factory, quilt shop,
various office uses and a church. Various properties on Kalanikoa Street to the northeast
and southeast of the property have been rezoned from single-family residential to
industrial:
• TMK: 2-2-35: 9 and 10, RS-10 to ML-20, Ordinance No. OS 142
effective October 11, 2005
• TMK: 2-2-35: 31, RS-10 to ML-1Q Ordinance No. 91 38 effective May
7, 1991
• TMK: 2-2-35: 30, RS-10 to ML-20, Ordinance No. 85 12 effective
February 25, 1985
• TMK: 2-2-35: 99, RS-10 to ML-10, Ordinance No. 88 95 effective June
30, 1988
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.
-2-
15. Noise Impacts: Existing ambient noise includes airport/aviationuw, traffic, wind and
foliage. Short-term noise impacts associated with the project will be temporary with
compliance to all applicable State rules governing construction noise abatement.
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. The only impact to air quality would be associated with vehicular
traffic to and from the site.
17. FIlZ11'I: Zone "X", an azea outside of the 500-yeaz flood plain.
18. Coastal Hazards: The property is not an oceanfront parcel and will not affect, or be
affected by shoreline processes.
19. Recreational Resources: The proposed project 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: As the project site is improved with a dwelling, no professional surveys
were conducted of the site. The property is located in an urban setting in close proximity
to the airport and various commercial uses. According to the applicants, there are no
known rare or endangered plant or animal species on the site.
22. ArchaeologicaVHistorical Resources: As the property is improved, no professional
surveys were conducted of the site. By letter dated April 24, 2009, the DLNR-I3PD has
indicated that no historic properties will be affected by this project.
23. Cultural or Native Gathering Rights: There is no evidence of any traditional and
customary Native Hawauan rights being practiced on the site, nor existence of any known
valued cultural, historical or native resources in the area.
24. Public Access: There is no record of a designated public access to the shoreline or
mountain areas that traverses the property.
-3-
PUBLIC UTII,TTIES AND SERVICES
25. Access: Access is proposed from Laukapu Street and Hualani Street, both County
roadways. Both streets are classified as collectors with an existing right-of--way of 40 feet
fronting the property.
26. Water: County water is available to the site.
27. Wastewater: The project will connect to the County sewer line.
28. Solid Waste: Solid waste will be handled by commercial haulers.
29. Essential Utilities and Services: Electricity, telephone and emergency services are
available to the site.
AGENCIES' AND ORGANIZATIONS' COMMENTS
30. Department of Public Works: P.D. Exhibit 2 -May 7, 2009 memo
31. Department of Water Supply: P.D. Exhibit 3 -May 7, 2009 memo
32. Police Department: P.D. Exhibit 4 - Apri120, 2009 memo
33. Fire Department: P.D. Exhibit 5 - Apri130, 2009 memo
34. Department of Environmental Management: P.D. Exhibit 6 -April 16, 2009 memo
35. DLNR Historic Preservation Division: P.D. Exhibit 7 - Apri124, 2009 memo
36. Department of Health: P.D. Exhibit 8 - Apri117, 2009 memo
AGENCIES - NO COMMENTS
37. DLNR Land Division
PUBLIC COMMENTS
38. None as of this writing.
-4-
CHANGE ®F Z®NE APPI.ICATI®N
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COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information) ` ~ ~ ° ~ ~ ~' ' ~ ~ ~• ~~ G~
APPLICANT:
APPLICANT'S SIGNA
TE: ~ ~ d~
ADDRESS: c/o Eric Hoota: 32S Kalili St. Hilo. Hawaii 96720 _ _
LIST APPLICANT'S INTEREST IF NOT OWNER:
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:
PHONE:(Bus.) 935-3585 (Res.) 935-3585 (Fax) 969-6919
LANDOWNER(S): same as applicants ~ ,
n v s
LANDOWNER SIGNA
DA
(May be by letter)
LANDOWNER(S) ADDRESS:
REQUEST: RS-i0 TO MCX-20
(Existing zoning) (Proposed Zoning)
TAX MAP KEY: (3) 2-2-35: 17
STREET ADDRESS OF PROPERTY: S23 Laukapu Street
Hilo Hawaii 96720
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 22,900 square feet
AGENT: Brian T Nishimura Plannine Consultant
ADDRESS: 101 Aupuni St. Suite 217 Hilo, Hawaii
TELEPHONE:(Bus.) 935-7692 (Res.) 935-7486 (Fax) 935-6126
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Applicant COPIES: Agent
Planning Dept.
Exhibit ~
CHANGE OF ZONE APPLICATION
BACKGROUND AND COUNTY ENVIRONMENTAL REPORT
APPLICANT: DON HOOTA and ERIC HOOTA
REQUEST: Single Famity Residentia110,000 (RS-10) to Industrial-Commercial
Mixed Use 20,000 (MCX-20)
TAX MAP KEY: (3) 2-2-35: 17
A) SUBJECT REQUEST
1) Details of the Proposed Development:
a) Project description: Don Hoota and Eric Hoota (the applicants) are
requesting a Change of Zone for approximately 22,900 square feet of land
from a Single Family Residential 10,000 (RS-10) to a Industrial-
Commercial Mixed Use 20,000 (MCX-20) zoned district. The subject
property is situated on the northeastern corner of the Laukapu Street-
Hualani Street intersection, Waiakea Houselots, South Hilo, Hawaii.
The applicants intend to demolish the existing single family dwelling on
the subject property and build a single story steel framed structure with
approximately 5,000 square feet of floor area. Other improvements
proposed include landscaping and parking.
b) Statement of objectives and reasons for the request: The applicants
intend to address the existing demand for industrial and commercial
property in Hilo. Many of the lessees within the Kanoelehua Industrial
Park aze uncertain about their future because their leases are scheduled to
expire in 2016 or sooner. As many as four hundred businesses wiU be
affected when these leases expire. The applicants have had discussions
with parties interested in relocating their businesses to a new facility with
sufficient storage/wazehouse space and adequate parking. As such, the
applicants aze proposing to construct apre-engineered steel building with
approximately 5,000 squaze feet of floor azea and the necessary parking to
serve the facility.
c) Timeframe and cost: The applicants intend to construct the proposed
facility within two yeazs of approval of the change of zone request. The
estimated cost of the proposed improvements is $500,000.
d) Traffic impacts: The traffic impacts generated by the proposed project
will be minimal and is not expected to adversely affect traffic on the
adjacent roadway system.
B) CONFORMANCE WITH STATE/COUNTY PLANS
I) State Land Use designation: The subject properly is situated within the
State Land Use Urban district.
2) Applicable goals/policies and objectives of the General Plan: The
proposed project is consistent with the following goals, policies, and
objectives of the General Plan.
Land Use-General
• Designate and allocate land uses in appropriate proportions and mix
and in keeping with the social, cultural, and physical environments of
the County.
• Zone urban- types of uses in azeas with ease of access to community
services and employment centers and with adequate public utilities and
facilities.
• Allocate appropriate requested zoning in accordance with the existing
or projected needs of neighborhood, community, region and County.
• Encourage the development and maintenance of communities meeting
the needs of its residents in balance with the physical and social
environment.
Land Use-Industrial
• Designate and allocate industrial areas in appropriate proportions and
in keeping with the social, cultural, and physical environments of the
County.
• Achieve a broader diversification of local industries by providing
opportunities for new industries and strengthening existing industries.
• Locate industrial areas convenient to transportation facilities, and
provide a variety of industrial zoned districts and lot sizes, depending
on the needs of the industries and the communities.
• Industrial development shall be located in azeas adequately served by
transportation, utilities, and other essential infrastructure.
Land Use-Commercial
• Provide for commercial developments that maximize convenience to
users.
• Distribution of commercial areas shall meet the demands of
neighborhood, community and regional needs.
Economic
• Provide residents with opportunities to improve their quality of life
through economic development that enhances the County's natural and
social environment.
• Economic development and improvement shall be in balance with the
physical, social, and cultural environments of the island of Hawaii.
• Strive for diversification of the economy by strengthening existing
industries and attracting new endeavors.
3) General Plan designation: The General Plan Land Use Pattern Allocation
Guide (LUPAG) Map designation for the project area is Industrial. It is
further noted that the General Plan identifies the Waiakea Houselots area as
one of the azeas appropriate for industrial -commercial mixed uses.
4) Zoning: The zoning designation for the subject property is Single Family
Residential 10,000 (RS-10).
5) Community Development Plan: The Hilo Community Development Plan,
adopted by Resolution on May 21, 1975, designates the subject azea as Single
Family Residential 10,000 (RS-10), consistent with the existing zoning
designaton.
6) Special Management Area (5MA): The subject property is not situated
within the SMA boundary.
C) PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF
THE PROPERTY AND SURROUNDING AREA
1) Descripfion of the subject property: The subject property, located on the
northeastern corner of the Laukapu Street-Hualani Street intersection, has a
land azea of approximately 22,900 square feet. There is an existing single
family dwelling on the pazcel which was constructed in 1929 and is in poor
condition. Other improvements on the property include a detached carport
and a grassed front lawn.
2) Lava Hazard Zone: The subject property is in a region where the volcanic
hazazd, as assessed by the United State Geological Survey, is determined to be
Laua Flow Hazad Zone 3 on a scale of ascending risk from 9 to 1. Zone 3
includes the lower slopes of Mauna Loa, including the entire City of Hilo,
which are gradually less hazardous than Zone 2 because of greater distance
from recently active vents and/or because the topography makes it less likely
that flows will cover these azeas.
3) Distance from the coastline: The nearest coastline is situated approximately
3,600 feet northwest of the subject property.
4) Agricultural Lands of Importance to the State of Hawaii (ALISH)
designation: The project site does not include prime, unique, or other
important agricultural land of statewide or local importance.
5) U.S.D.A. Natural Resources Conservation Services Soil Service Report
soil type: The U.S.D.A., Soil Conservation Services Soil Survey of the Island
of Hawaii classifies the soil of the subject property as Keaukaha extremely
rocky muck with 6 to 20 percent slopes (rKFD). The Keaukaha series consists
ofwell-drained, thin organic soils over pahoehoe lava bedrock. Permeability
is rapid, mnoff is slow, and the erosion hazazd.is slight.
6) Land Study Bureau soil rating: The subject property is designated,as an
urban azea and was not given a soil rating.
7) Existing drainage ways or improvements: There are no existing drainage
ways or improvements in the vicinity of the subject property.
8) Air/noise/water quality: The air quality of the subject property is primarily
affected by pollutants derived from the volcanic emissions from the ongoing
Kilauea eruption. Other sources of air pollution affecting the project site
include exhaust emissions from neighboring streets and the airport. In
general, however, the ambient air quality of the project area meets all federal
and state standards as evidenced by its designation as an "attainment" area by
the State Department of Health, Clean Air Branch.
Existing noise levels in the vicinity of the subject property aze influenced by
vehiculaz traffic on neighboring streets as well aircraft noise from the Hilo
International Airport. Noise level readings taken on property fronting on
Kanoelehua Ave. for the Draft Environmental Assessment, Hilo International
Airport Project No. AH1011-03 by Y. Ebisu & Associates in September 2001,
indicated noise levels less than 60 DNL. These noise readings should reflect
higher noise levels than the subject property due to closer proximity to the
airport runway and on a major thoroughfaze. Nevertheless these noise levels
are considered to be "moderate exposures" by federal standards and well
within guidelines for- commercial, industrial and other non-noise sensitive land
uses.
The closest water body to the project azea is the Waiakea Pond, approximately
2,000 feet west of the project site. As such, the proposed change of zone is
not anticipated to have any impact on water quality.
9) Existing archaeological, cultural or historic sites on National Register or
Hawaii Register: Due to the development and use of the subject property for
single family residential purposes since 1929, it is highly unlikely that any
archaeological, cultural or historic sites are present on the property. A letter
dated September 4, 2008, from the State Historic Preservation Division
confirnis that no historic properties will be affected by this project because
previous grubbing/grading and residential development/urbanization has
altered the land.
10) Existing floraUfaunal resources (any native or exotic plants; any listed or
candidate for endangered species): The entire pazcel has been previously
graded and developed for single family residential use since 1929. There is no
habitat that would appear valuable for native terrestrial or aquatic species.
The disturbed, urban qualities of the site make it poorly suited as habitat for
any listed or candidate for endangered species.
11) Scenic or coastal resources: The predominant scenic views in the vicinity of
the project area aze of Mauna Kea and Mauna Loa. These views will not be
adversely affected by the proposed rezoning. There are no coastal resources
in the immediate vicinity of the subject property.
12) Social settlement pattern for the area: The project azea is within an area of
transition which was previously predominantly single family residential in
character. Land uses in the vicinity aze a mix of residential, light industrial
and commercial uses. There are a wide variety of land uses within a `/z mile
radius of the subject property including churches, gas stations, restaurants,
used car lots, convenience stores, personal service providers, government
offices and light industrial uses.
13) Economic resources of the area: The project azea is situated inclose
proximity to employment centers, shopping centers, schools, churches, public
and private service providers, and airport and wharf facilities.
14) Land values: According to Real Property Tax assessed values, the subject
property has an assessed land value of $165,000 with the existing RS-10
zoning. Similaz sized pazcels in the vicinity that have an Industrial zoning
designation have assessed land values of approximately $292,000.
15) Land use: Land uses in the vicinity are a mix of residential, light industrial
and commercial uses. There are a wide variety of land uses within a'h mile
radius of the subject property including churches, gas stations, restaurants,
used caz lots, convenience stores, personal service providers, government
offices and light industrial uses.
16) Zoning: The majority of the parcels on Laukapu Street and Hualani Street aze
zoned Single Family Residential 10,000 (RS-10). The existing zoning
designations reflect the former General Plan Land Use Pattern Allocation
Guide (LUPAG) Map designation which was Low Density Urban until the
recent General Plan revision, adopted in February, 2005. A parcel on the
southwest corner of Kalanikoa Street and Hualani Street is zoned Limited
Industrial and the area north of the subject property, between Hualani and
Piilani Street includes parcels that aze zoned General Commercial and Limited
Industrial.
D) PUBLIC FACII.ITIES AND SERVICES
1) Description of access: Access to the subject property is provided by Laukapu
Street and Hualani Street which aze County roads with right-of--way widths of
40 feet and pavement widths of 20 feet.
2) Availability of water: There is an existing water meter serving the property
from a 6-inch line along Laukapu Street. Water is available for the proposed
project.
3) Sewage disposal: The proposed project will utilize the existing sewer line
along Laukapu Street.
4) Solid waste: There is no municipal collection system for solid waste in the
County of Hawaii. All waste generated by the proposed project will be
disposed at appropriate sites designated by the Department of Environmental
Management.
5) Police and fire protection: The police station is situated approximately 1.5
miles away and the closest fire station is the Waiakea Fire Station situated
approximately I mile northeast of the project site.
6) Schools: The proposed project will not have any impact on schools in the
area.
7) Parks: The County's Hoolulu Park complex is situated approximately 1,000
feet north of the subject property.
8) Other utilities and services (telephone/electricity): The subject property is
served by electrical and telephone lines from Laukapu Street.
E) ENVIRONMENTAL ASSESSMENT AND ANALYSIS
I) Relationship between local short term uses of environment and
maintenance and enhancement of long term productivity: The project
azea has been committed to single family residential use for over 70 years.
Approval of the subject change of zone application will allow the property to
transition from single family residential to industrial -commercial mixed use
which is consistent with the General Plan LUPAG Map designation.
2) Mitigative measures proposed to avoid, minimize, rectify or reduce
impact: Impacts resulting from the proposed change of zone are expected to
be minimal. Any potential impacts can be mitigated by complying with all
applicable code requirements.
3) Alternatives to the proposed development: In the event that the change of
zone application is denied, the RS-10 zoning will remain and potential
industrial -commercial users will seek other locations for their businesses.
4) Irreversible and irretrievable commitments of natural resources that
would be involved if the proposed action is implemented: The subject
property has been utilized for single family residential use for over 70 years.
As such, the natural resources of the azea have already been committed for
urban use for many yeazs.
ammnrurrtcmm
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? n~a
b. Into what lot sizes?
n/a
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? n/a
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? Yes
b. Sell or lease the land to someone who has tentative
plans?
c. Sell or lease the land to someone who has no plans?
a. Keep it?
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.
Discussions with several parties have indicated an interest in
moving their business to a new facility because of
leases that are due to expire.. These moves are expected
within a two year period.
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.
A pre-engineered steel building with approximately 5,000 square
feet of floor area is proposed with bank financing_ Construction
is expected to be completed within two years of approval of the
change of zone.
9. 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.
It should be noted, however, that several business owners have
expressed a desire to relocate .their.bnsiness due to leases
which are scheduled to expire.
-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.
See attached Background and County Environmental Report
6. Are there any buildings on the subject area? Yes
If so, what kind?
Single family dwelling and detached. carport.
What do you intend to do with those buildings if your
request is approved?
Either give the home away or have it demolished.
~• Is the subject land currently being used for any
agricultural activity? N~
if so, please list the kinds of products grown on and
how many square feet or acres of land per product?
-3-
B• To your knowledge, has there been any flooding and/or
drainage problem on the subject area?
If so, please describe the problem.
9. Do you think that the roads leading to the subject area
needs improvement?
If so, what kind?
No
No
Is the road adequate for the proposed traffic volume
or load? Yes
10. What sort of governmental assistance and/or improvements
do you feel will be needed in the subject area when
developed?
yes wo
a. Schools g
b, Roads g
c. Sewer Y
d. Drainage x
e. Police Protection %
f. Fire Protection %
9•
Recreational Facilities
R
Public %
h. Recreational Facilities IItilities
i.
-9-
For those checked "yes," please elaborate what type or kinds of
improvements and/or assistance are needed.
N/A
11. Have you performed any historic sites study and/or survey of the
subject area? If so, what were the results? Please, also,
submit a copy of the study together with this change of zone
supplement.
No. See attached letter from the State Historic Preservation
D~iv~.sion dated'September 4, 7.008. The letter indicates that, "no
historic properties sill be affected.
Signature: / ~
Address; 3~7 ~li ]
Telephone: ~Q ~ ~31~~'~J7~~~
date: 3~~/0 `~
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LINDA LINGLE
GOVERNOR OF HAWAII
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September 4, 2008
Eric and Don Hoota
325 Kalili Street
Hilo, Hawaii 96720
Dear Mr. Hoota:
LAURA H. THIELEN
CHgpIrERSON
ROAAD OF LANp ANp NATNRAL0.ESOlIRCE$
COMMLSSION ON WATER RCSOURCCMANAGEMpJT
RUSSELL Y. TS W I
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KEN C. KAN'AHARA
NEPIIIY O W ECi01t -WATER
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COMM6SION ON WATER RESOURCEMANAGkMFNT
CONSEII V AnON ANO COASTAL LM'OS
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$TATErARKS
LOG NO: 2008.3296
DOC NO: 0809MD33
Archaeology
SUBJECT: Chapter 6E-42 Historic Preservation Review -
Request for a Letter of "No Effect" for a Change of Zone Request
Waiakea Ahupua`a, South Hilo District, Island of Hawaii
TMK: (3I 2-2-035:017
Thank you for the opportunity to comment on the aforementioned project, which we received on
September 4, 2008. You are requesting a change of zone from the county of Hawaii to light industrial.
We determine that no historic properties will be affected by this project because:
^ Intensive cultivation has altered the land
® Residential development/urbanization has altered the land
® Previous grubbing/grading has altered the land
^ An accepted azchaeological inventory survey (AIS) found no historic properties
^ SHPD previously reviewed this project and mitigation has been completed
^ Other:
In the event that historic resources, including human skeletal remains, cultural materials, lava tubes,
and/or lava blisters/bubbles are identified during the construction activities, all work needs to cease in the
immediate vicinity of the find, the fmd needs to be protected from additional disturbance, and the State
Historic Preservation Division, Hawaii Island Section, needs to be contacted immediately at (808) 981-
2979.
Please contact Morgan Davis at (808) 981-2979 if you have any questions or concerns regarding this
letter.
Aloha,
~~
'( ~. ~.:. ~~9
A P:'~ 1959 ~' y
N:'
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Y9'~,a.Att@
STATE OF HAWAH
DEPARTMENT OF LAND AND NATURAL RESOURCES
STATE HISTORIC PRESERVATION DIVISION
60l KAMOKILA BOULEVARD, AOOM 555
KAPOLEI, HAWAII 96707
Nancy McMahon, Deputy SHPO/State Archaeologist
and Historic Preservation Manager
State Historic Preservation Division
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
DATE: May 7, ?_009
TO: BJ Leithead Todd, Planning Director
FROM:. ,~c1/ Department of Public Works
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09-000093)
Applicants: Don Hoota and Eric Hoota
Request: RS-10 to MCX-20
Tax Map Key: 2-2-35: 017
We have reviewed the subject application forwarded by your memo dated April 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 classifies Laukapu and Hualani Streets as collectors with existing right-of-
way widths of 40 feet fronting the subject parcel. Provide a minimum 20-ft corner radius
(property line) at the intersection of Laukapu and Hualani Streets incorporating any future
road widening setbacks as may be established by the Planning Department.
Based on the proposed zoning, we recommend the applicant provide improvements to the
entire frontages along Laukapu and Hualani Streets consisting of, but not limited to,
pavement widening with concrete curbs, gutters and sidewalks, drainage improvements,
and any required utility relocation, meeting the requirements of the Americans with
Disabilities Act and the approval of the Department of Public Works. The improvements
shall be located within the established future road widening setbacks.
Install streetlights and traffic control devices as may be required by the Traffic Division,
Department of Public Works. The applicants shall be responsible forthe design, purchase,
and installation of such devices.
~~~~~
Questions may be referred to Kelly Gomes at ext. 8327PIgtll1111g D@pt? ;~~;~~ ~1~ "J
Exhibit ~ '~~;_~_.___...._--
DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII
345 KEKUANAO`A STREET, SUITE 20 HILO, HAWAII 96720
TELEPHONE (808)961-8050 FAX (808)961-8657
May 7, 2009
TO: Ms. BJ Leithead Todd, Planning Director
Planning Department
FROM: Milton D. Pavao, Manager
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09-000091)
APPLICANT - DON HOOTA AND ERIC HOOTA -
REQUEST: RS-10 TO MCX-20
TAX MAP KEY 2-2-035:017
We have reviewed the subject application and have the following comments and conditions.
Water is available from an existing 6-inch waterline within Laukapu Street or from an existing 6-inch waterline
within Hualani SUeet, both fronting the subject parcel. There is an existing 1-inch service lateral installed to the
parcel capable of accommodating a 5/8-inch meter, which is limited to an average daily usage of 400 gallons.
The Department has no objection to the proposed Change of Zone Application subject to the applicant
understanding and accepting the following conditions:
1. The Department requests that the applicant submit estimated maximum daily water usage calculations for
the proposed mixed commercial 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 (GPM).
Upon acceptance of the water usage calculations, the Department will inform the applicant of the water
commitment deposit due, prevailing facilities charges (subject to change) to be paid, and any water system
improvements required for water service.
2. The proposed zoning will require the installation of a reduced pressure type backflow prevention assembly,
within five (5) feet of the meter(s) on private property. The installation of the backflow prevention
assembly(s) must be inspected and approved by the Department before water service can be activated.
3. Subject to other agencies' requirements to construct improvements within the road right-of--way fronting the
property affected by the proposed development, the applicant shall be responsible for the relocation and
adjustment of the Department's affected water system facilities, should they be necessary.
4. Please be informed that each 6-inch waterline within Laukapu Street and Hualani Street is capable of
providing a theoretical fire-flow of 1,760 GPM. The Department's Water System Standards require that a
minimum of 2,000 GPIvI be available at the site for fire protection for the proposed Type of land use.
The 6-inch waterlines within Laukapu and Hualani Street may need to be "looped" within the property in
order to achieve a minimum fire-flow of 2,000 GPM. We recommend that the applica
Department for any fire protection requirements or alternatives. ~~~~~~~
~ ,~ / / Planning Dept. 0 ~~ ~ ~~~is
... VUaEer brivc ~ `3
The Department of Water Supply is an Equal Opportunity provider and employer. To fle a complaint of discrimination, write: U DA, Dire ice o rvi
Rinhts Rnnm 39R_IN Whieun v.du:..,, nun. .,... i_~____.____ ..__. _ .. ... .. _
Ms. BJ Leithead Todd, Planning Director
Page 2
May 7, 2009
Should there be any questions, please contact Mr. Finn McCall of our Water Resources and Planning Branch at
961-8070, extension 255.
yours,
F
FM:dfg
copy - Mr. Don and Mr. Eric Hoota
Mr. Brian T. Nishimura, Planning Consultant
Pavao, P.E.
William P. Kenoi
Mayor
County of Hawaii
POLICE DEPARTMENT
349 Kapiolani S[ree[ • Hilo, Hawaii 96720.3998
(808) 935-3311 Fax (808) 961-8865
April 20, 2009
TO BJ L/(EI~EAD T D ,PLANNING DIRECTOR
FROM DE~~"K D. P~O, ASSISTANT POLICE CHIEF
AREAIOPERATIONS
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09-000093)
APPLICANT: DON HOOTA AND ERIC HOOTA
REQUEST: RS-10 TO MCX-20
TAX MAP KEY: 2-2-35:17
Harry S. Kubojiri
Police Chief
Paul K. Ferreira
Deputy Police Chief
Staff, upon reviewing the provided documents and visiting the proposed site,
does not anticipate any significant impact to traffic and/or public safety concerns.
Thank you for allowing us the opportunity to comment.
If you have any questions, please contact Captain Kenneth Vieira, Commander
of the S. Hilo Patrol Division, at 961-2214.
KV:IIi
Planning Dept.
Exhibit
~ „~R t ' , ,,',,
"Hawai'i County is an Equal Opportunity Provider and Employer"
William P. Kenoi
Moyor
Apri13Q 2009
TO:
FROM:
<., _,~
_' ... ._ i
°yrr,ar y° a
.'`6 '
1i .'
•°T~ oi'n>'NP
~ountp of ~~tro~f `f
FIRE DEPARTMENT
25 Aupuni Street • Suite 103 Milo, Hawaii 96720
(808) 981-8394 • Fax (808) 981-2037
BJ LEITHEAD TODD, PLANNING DIRECTOR
DARRYL OLIVEIRA, FIRE CHIEF
Darryl J. Oliveira
Fire Chiej
Glen P. I. Honda
Depu(y Fire Chief
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09-000093)
APPLICANT: DON HOOTA AND ERIC HOOTA
REQUEST: RS-10 TO MCX-20
TAX MAP KEY: 2-2-35:17
The Hawaii Fire Departrnent submits the following comments regarding the above-referenced change of zone application:
Fire apparatus access roads shall be in accordance with UFC Section 10.207:
"Fire Apparatus Access Roads
"Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the
provisions of this section.
"(b) Where Required. Fire appazatus access roads shall be required for every building hereafter constructed when any
portion of an exterior wall of the first story is located more than 150 feet from fue deparhnent vehicle access as measured
by an unobstructed route around the exterior of the building.
"EXCEPTIONS: I. When buildings aze completely protected with an approved automatic Fire sprinkler
system, the provisions of this section maybe modified.
"2. When access roadways cannot be installed due to topogaphy, 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 fue apparatus road may be required when it is determined by the chief that access by a single road maybe
impatred by vehicle congestion, condition of terrain, clhnatic 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 requvements of the appropriate county
jurisdiction.
Planning Dept. ~~~~~~~ ; ~PW4j
Exhibit
~y ~._... ~rREOE~
Hnzuai'i Cmarty is an Equal Opportunity Provider and Ernplo e. „,,,,, „_.~M ....,_..-
BJ Leithead Todd
Page 2
Apri130, 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 fue 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 fue apparams access.
"(f) Surface. Fve apparatus access roads shall be designed and maintained to support the imposed loads of fue apparatus
and shall be provided with a surface so as to provide all-weather driving capabilities." (20 tons)
"(g) Turning Radius. The fuming radius of a fue apparatus access road shall be as approved by the chief" (45 feet)
"(h) Turnarounds. All dead-end fue apparatus access roads in excess of 150 feet m length shall be provided with
approved provisions for the fuming around of fue appazatus.
"(i) Bridges. When a bridge is requred 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 fue apparatus.
"(j) Grade. The gradient for a fue apparatus access road shall not exceed the maximum approved by the chief" (IS%)
"(k) Obstruction. The required width of any fue apparatus access road shall not be obstructed in any manner, including
parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all
times.
"(1) Signs. When required by the fue chief, approved signs or other approved notices shall be provided and maintained for
fue apparatus access roads to identify such roads and prohibit the obstruction thereof or both."
Water supply shall be in accordance with UFC Section ] 0.301(c):
"(c) Water Supply. An approved water supply capable of supplying required fue flow for fue 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 fue hydrants and mains
capable of supplying the requred fue flow.
"Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of
providing the required fue flow.
"The location, number and type of fue hydrants connected to a water supply capable of delivering the required fue flow
shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fue
department appazatus by roadways meeting the requirements of Section 10.207.
L
ARR IVEIRA
Fire Chief
GA:Ik
William Kenoi
Mayor
iii f
LOhO A. TySOn
Director
~~_
FZamA~. ToriOie
Deouty Director
~1.I11tIT'~~? II~~~C~Uttt~l
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupuni Street Hilo, Hawaii 96720
(808) 961-8083 ~ Fax (808) 961-8086
http://co.hawaii.hi.us/directorv/dir envmng htm
MEMORANDUM
Date : April 16, 2009
To BJ LEITHEAD TODD, Planning Director
From: LONO A. TYSON, Director
Subject: Change of Zone Application (REZ 09-000093)
App Ica- nit. on~oota and Eric Hoota
Request: RS-10 to MCX-20
TMK: 2-2-35:17
We have reviewed the subject application and offer the following recommendations:
DEPARTMENT COMMENTS: fit{-~(C Tp 1rf41~A~i_f;c+l~iti%iiti,S !~tGi,+J
WASTEWATER COMMENTS:
( ) I~o comments
( Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5
of the Hawaii County Code.
( )Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii
County Code. Complete D.E.M. Sewer Extension Application.
( )Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85
the Hawaii County Code.
( Other: eytoP~Zy C...+ctEAtTt,'t ~B,.iwt2L?e'U l0 6tJCri_ S•~SZ~
V 1 Y 4R wWIr~p ~- ~7.
SOLID WASTE COMMENTS:
( ) No comments
(x) Commeroial operations, State and Federal agencies, religious entities and non-profit
organizations may not use trans~er stations for disposal.
( }a) 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.
( }~,) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or
other suitable diversion programs.
( k%) Construction and demolition waste is prohibited at all County Transfer Stations.
(~) Submit Solid~Waste Management Plan in accordance with attached 'dg~elines.
( )Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status.
( )Other:
anning ep .
eo: swD, wwD Exhibit ~ ~~ ~~~~ tl~.
~i, .,;;~
.... .. .~ _ .. .~ ~ :~;y 052073 .
William P. Kenoi
Mayor
SLY LLLLL SJ .4~.SL(iW (4 L`L
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupuni Street • Hilo, Hawaii 96720
(808) 961-8083 ~ Fax (808) 961-8086
http://co hawaii hi us/directory/dir envmno htrn
February 12, 2009
SOLID WASTE MANAGEMENT PLAN
Guidelines
INTENT AND PURPOSE
Lono A. Tyson
Director
Ivan Torigoe
Deputy Director
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:
Description of the project and the potential waste it may be generating: i.e. analysis of
anticipated waste volume and composition. This includes waste generated during the
construction and operational or maintenance phases. Waste types shall include (but not
be limited to):
A. Organics (including food waste and green wastes);
B. Construction and Demolition;
C. Paper (including cardboard);
D. Metal (including ferrous and non-ferrous metals);
E. Plastic;
F. Special (including ash, sludge, treated medical, bulky items, tires);
G. Household Hazardous (including paint, vehicle fluids, oil, batteries); and
H. Glass.
2. Indicate onsite source separation facilities by waste type; i.e. source separation bins of
glass, metal, plastic, cardboard, aluminum, etc. Provide ample and equal space for
rubbish and recycling.
3. Identification and location of the proposed waste reduction, waste re-use, recycling
facility or disposal site and associated transportation methods for the various
components of the development's waste management system, including the number of
County of Hawaii is an Equal OpporNnity Provider aM 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
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 Hawaii
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:
~rp~,- ~ - - ~ fi`
Lono A. Tyson
DIRECTOR
County of Hawaf i is an Equal Opportunity Provider and Employer.
LN'HA LEJGLE
GOVERNOR OF HAWM
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Apri124, 2009
STATE OF HAWAII
DEPARTMENT OF LAND AND NATURAL RESOURCES
STATE HISTORIC PRESERVATION DIVISION
601 KAMOKILA BOULEVARD, ROOM 555
KAPOLEI, HAWAII 96707
BJ Leithead Todd, Planning Director
County of Hawaii Planning Department
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720-4224
Dear Ms. Leithead Todd:
LAVRA N. THIELEH
CXAIRPEREON
ROwaD aF IANDANDNAruanL RESOUacEs
COMMIEEION ON WAiE0. aEEOVRCE MANAGEMEM
RVSSELL Y. TSV.H
PRSI OEVVI'v
KEN C. KAWAHARA
OEEVITOIREC}OR WATER
ROAiMG M'D OLEAN VAECERFAiION
RVAEwV OifONVETANCES
COMMISSIONON WAlE0. REEOVRLE MANAGEMENT
CONSERVAPON ANOCOASiAL LwNDS
CONEER4'ATOHANO0.EEOVRC ES ENFOACEMENI'
ENOINEFNNG
Faunav AND wnourt
HISiO0.1f EAESFRVAiION
KAHWLAWE IELANO REEERVE COMMISSION
IANO
srwrerwARs
LOG NO 2009.1427
DOC NO: 0904MD25
Archaeology
SUBJECT: Chapter 6E-42 Historic Preservation Review -
Requestfor Comment on a Change of Zone Application (REZ 09-000093) ,;
Waiakea Ahupua'a, South Hilo District, Island of Hawaii ~' •' `w
TMK: (312-2-035:017
Thank you for the opportunity to comment on the aforementioned project, which we received on April 14,
2009. We determine that no historic properties will be affected by this project because:
^ Intensive cultivation has altered the land
® Residential developmenUurbanization has altered the land
® Previous grubbing/grading has altered the land
^ An accepted archaeological inventory survey (AIS) found no historic properties
^ SHPD previously reviewed this project and mitigation has been completed
® Other: SHPD previously reviewed this project and determined no historic properties will be affected
(Log No. 2008.3296, Doc No. 0809MD33).
In the event that historic resources, including human skeletal remains, cultural materials, lava tubes, and
lava blisters bubbles are identified during the construction activities, all work needs to cease in the
immediate vicinity of the find, the find needs to be protected from additional disturbance, and the State
Historic Preservation Division, Hawaii Island Section, needs to be contacted immediately at (808) 933-
7653. If you have questions about this letter please contact Morgan Davis at (808) 933-7650.
Aloha,
i~Q ~~~
Nancy McMahon, Deputy SHPO/State Archaeologist
and Historic Preservation Manager 1 y "°~-Y- -....F
State Historic Preservation Division i ~"n~ ,t' (I I~r,T'w' F ~ :
~1 F ~
Planning Dept. "'' '' ~~~
Exhibit / ~ ~ ~ 5 ~' 4 3,~
'~
LINDA LINGLE
GOVERNOR <E ~'^~.°. W
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STATE QF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 916
HILO, HAWAII 96721-0916
MEMORANDUM
DATE: April 17, 2009
TO: BJ Leithead Todd
Planning Director, County of Hawaii
FROM: Newton Inouye i~-
Acting District Environmental Health Program Chief
SUBJECT: Change of Zone Application (REZ 09-000093)
Applicant: Don Hoota and Eric Hoota
Request: RS-] 0 to MCX-20
Tax Map Key: 2-2-35:17
CHIYOME L. FUKINO, M. D.
r DireGlor of Health, .y
^.-:1~
.' a1
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-containing materials
would be subject to emission controls, proper collection, containerizing, and disposal at a
permitted landfill.
Planning Dept.
Exhibit g
~m ~ ~a-V n~~i '~1 .'1_I LtO~
' ~'`5'}~ ~°I~ 2
B~,.
BJ Leithead Todd
Page 2 of 2
April 17, 2009
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.
The applicant would need to meet the requirements of our Department of Health Air Pollution
Rules, Chapter 60.1, Title 1 I, State of Hawaii for fugitive dust control. If there is need to discuss
these requirements, please contact our Clean Air Branch staff at Ph. 933-0401.
Construction activities must comply with the provisions of Hawaii Administrative Rules,
Chapter 11-46, "Community Noise Control."
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 inland uses.
However, existing or planned land use activities adjacent to the proposed residential area should
be compatible with a residential neighborhood.
The subject project is located within or near proximity to the County sewer system. All
wastewater generated shall be disposed into the County sewer system.
WORD:REZ 09-000093.at
RHootaREZ. doc-5/ I l /09
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
DON HOOTA and ERIC HOOTA
CHANGE OF ZONE APPLICATION (REZ 09-93)
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 heazing. This
favorable recommendation is based on the following findings:
The applicants are requesting a change of zone from Single-Family Residential
10,000 square feet (RS-10) to Industrial-Commercial Mixed 20,000 square feet (MCX-
20) to allow the development of a single-story steel-framed structure approximately 5,000
square feet in size. Landscaping and pazking will be provided on site. The existing
dwelling will be demolished. The proposed project intends to address the existing
demand for industrial and commercial property in Hilo. According to the applicants,
many lessees within the Kanoelehua Industrial Pazk, numbering approximately 400
businesses, are uncertain about their future due to the expiration of their leases in 2016 or
eazlier. The applicants have stated that businesses have expressed an interest in
relocating to a new facility with sufficient storage/warehouse space and adequate parking.
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standazds of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must also be considered as they may have an impact on similaz areas in the
County.
The Change of Zone request from aSingle-Family Residential 10,000 square
feet (RS-10) to the Industrial-Commercial Mixed (MCX-20) zoned district will
conform to the goals, policies and standards of the General Plan Economic and
Land Use Elements. The General Plan is intended to be used as a policy guide for the
coordinated growth and development of all sectors of the County. It sets forth goals,
policies, standards and courses of action to accommodate growth without congestion, to
designate and preserve the lands needed for residential use, commercial and visitor
services, industry, agriculture and open space, and to coordinate these uses with the
County's service and circulation systems. The overall goals, policies and standards are
set forth to physically plan the lands in the County in the best interest of the island's
residents. Land Use is one of the principal focal points of public concern and policy.
The Land Use Element provides the primary basis for direct control and guidance of
publicly and privately owned resources.
The request conforms to the goals, policies and standards of the General Plan in
that the proposed project will be developed in an area adequately served by necessary
services such as water, utilities, sewers and transportation systems. The applicants are
requesting an Industrial-Commercial mixed zoning. The proposed project conforms to
the Land Use -Industrial sub-element which states that "Industrial development shall be
located in areas adequately served by transportation, utilities and other amenities."
The Land Use Pattern Allocation Guide (LUPAG) Map component of the General
Plan is a representation of the document's goals and policies to guide the coordinated
growth and development of the County. It reflects a graphic depiction of the physical
relationship among the various land uses. The LUPAG Map establishes the basic urban
and non-urban form for azeas within the County. The project area is designated Industrial
on the LUPAG Map. This industrial designation includes uses such as manufacturing
and processing, wholesaling, large storage and transportation facilities and light industrial
uses. The MCX zoning would be consistent with the Industrial designation on the
LUPAG Map for this area of Hilo.
The State Land Use designation and the Land Study Bureau's Productivity Rating
for the project site is Urban. The Hilo Community Development Plan (CDP) adopted in
1975 suggests the retention of residential uses in this azea. However, this azea is
transitioning to wmmercial and light industrial uses. The advantage of this area is its
close proximity to water, air transportation terminals, harbor facilities, commercial and
-2-
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 a 22,900 square foot pazcel, improved with an approximately 80-year old
dwelling and carport_ The land uses in the immediate area are a mix of commercial,
industrial and residential uses. Immediately adjacent properties are zoned RS-10 and in
single-family residential use. Commercial and/or industrial uses nearby include Big
Island Candies on land zoned General Commercial (CG-20), single family residences,
and commercial uses such as the Atebara Potato Chip factory, quilt shop, various office
uses and a church. Various properties on Kalanikoa Street to the northeast and southeast
of the property have been rezoned from single-family residential to industrial:
• TMK: 2-2-35: 9 and 10, RS-10 to ML-2Q Ordinance No. OS 142
effective October 11, 2005
• TMK: 2-2-35:31, RS-10 to ML-1Q Ordinance No. 91 38 effective May
7, 1991
• TMK: 2-2-35: 3Q RS-10 to ML-20, Ordinance No. 85 12 effective
February 25, 1985
• TMK: 2-2-35: 99, RS-10 to.ML-10, Ordinance No. 88 95 effective June
30, 1988
All utilities and services are available to the site. Access is proposed from
Laukapu Street and Hualani Street, both County roadways. Both streets are classified as
collectors with an existing right-of--way of 40 feet fronting the property.
The Department of Public Works (DPW) recommends full improvements to the
entire frontage along Laukapu Street and Hualani Street consisting of, but not limited to,
pavement widening with concrete curb, gutter and sidewalk along with any utility
-3-
relocation. Five-foot wide future road widening strips will be required along both streets.
The DPW further recommends-that the applicants provide a minimum 20-foot property
line radius at the intersection of Laukapu Street and Hualani Street within the future road
widening setbacks. This recommendation, along with the future road widening strips,
will be required as conditions of approval.
County water is available to the site. The project will connect to the County's
sewer line. Solid waste will be handled by commercial haulers. If required, a Solid
Waste Management Plan will be prepazed. Electricity and telephone services aze
available to the site.
The project site has no severe geological or topographical problems which cannot
be rectified or which would render the land unusable. The property is located within
Zone "X", azea 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 project site is developed, no professional archaeological survey was
conducted. By letter dated Apri124, 2009, the DLNR-HPD has indicated that no historic
properties will be affected by this project. The applicants have stated that should any
archaeological features or sites be discovered during the development of this project,
work will immediately cease and the Planning Department will be notified. No
professional flora or fauna surveys were conducted, as the applicants do not believe that
rare or endangered floral or faunal resources are on the site. The property is located in an
urban setting close to existing industrial and commercial uses and fully developed with a
single-family dwelling.
The request is not contrary to Chapter 205A, Hawaii Revised Statutes,
relating to Coastal Zone Managemeut. The property is not located in the Special
Management Area. The project site is located more than one mile from the shoreline and
will not be impacted by coastal hazard and beach erosion. There is no record of a
designated public access to the shoreline or mountain azeas that traverses the property.
According to the applicants, no valued cultural, historical or natural resources exist on the
property and there is no evidence of any traditional and customary Native Hawaiian
-a-
rights being practiced on the site. Thus, it is not anticipated that the proposed request will
have any adverse impact on cultural or historical resources in the area. Therefore, no
action is necessary to protect these rights.
Based on the above findings, approval of this change of zone request from a
Single-Family Residential (RS-10) to an Industrial-Commercial Mised (MCX-20)
district would result in an appropriate land use pattern that will further benefit the
general public.
The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map),
Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable
consideration. Please note the proposed conditions of approval attached to the draft bill.
-s-
COUNTY OF HAWAII
ORDINANCE NO.
BILL NO.
C~r~~~~~~h0 B).
AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983
(2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE
FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS-10) TO INDUSTRIAL-
COMMERCIAL MIXED - 20,000 SQUARE FEET (MCX-20) AT WAIAKEA HOUSELOTS,
WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-035:017.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii
County Code 1983 (2005 Edition), is amended to change the district classification of property
described hereinafter as follows:
The district classification of the following azea situated at Waialcea Houselots,
Waiakea, South Hilo, Hawaii, shall be Industrial-Commercial Mixed - 20,000 square
feet (MCX-20):
Beginning at the southwest corner of this lot and the northeast comer of Laukapu and
Hualani Avenues, the coordinates of said point of beginning referred to Government
Survey Triangulation Station "HALAI" being 923.0 feet south and 10,121.0 feet east, as
shown on Government Survey Registered Map No. 2566, and running by true azimuths:
1. 180° 00' 100.0 feet along east side of Laukapu Avenue;
2. 270° 00' 229.0 feet along Lot 13, Block 15;
3. 360° 00' 100.0 feet along Lot 16, Block 15;
90° 00' 229.0 feet along north side of Hualani Avenue to the point
of beginning and containing an azea of 22,900
square feet, more or less.
STATE OF HAWAII
-1-
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 maybe 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
Hawai `i
Date of Introduction:
Date of I st Reading:
Date of 2nd Reading:
Effective Date:
-2-
CGJ.5 LG-7.5 CG-7.5 ML-20
ML-20
N CG-7.5 CG-7.5
5 CG-7.5 CG-7.5 F; ML-20 ML-20
CG-7.5 CG
5 CG-7
7
.
-
.
RS-10 RS-10 ~ RS-10
Rs-10 ~ RS-10 RS-10 ] Q RS-10
Q ~
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~ `.4 a MCX-20
z ,'7 ML-20
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RS-10 MCX-20
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HUALANI ST.
RS-IO SINGLE FAMIIV RESIDENTIAL -10,000 R$-lO
RS-10 RS-10 RS-30 SQUARE FEET(RS-10)
TO INDUSTRIAL-COMMERCIAL MIXED -
20,000 SQUARE FEET (MCX-20)
(22,900 50. FT)
ML-20 RS-10 ML-20
RS-10
ML-10
Rs-10 RS-10
LN-20 CG-20 RS-10
RS-10
CG-20
MCX-20
RS-10
CN-20
RS- 0
0 150 300 600 900 1,200 ML-20
Rs-to Feet
MCX-20
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: 2-235: 17 DATE: Apni 7, 2009
EXHIBIT "A., (MOOta-
Map 1261)
CHootaREZ.doc-5/11 /09
DON HOOTA and ERIC HOOTA
CHANGE OF ZONE APPLICATION (REZ 09-93)
CONDITIONS OF APPROVAL
A. The applicant(s), its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
B. Prior to the issuance of a water commitment by the Department of Water Supply,
the applicant shall submit the anticipated maximum daily water usage calculations
as recommended by a registered engineer, and a water commitment deposit in
accordance with the "Water Commitment Guidelines Policy" to the Department of
Water Supply within 180 days from the effective date of this ordinance.
C. The applicants shall install a reduced pressure type backflow prevention assembly
within five (5) feet of the water meter on private property, which must be
inspected and approved by the Department of Water Supply,
D. Construction of the proposed development, including the improvements hied in
condition G, shall be completed within five (5) years from the effective date of this
ordinance. Prior to construction, the applicants, successors or assigns shall secure
Final Plan Approval for the proposed development from the Planning Director in
accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County
Code. Plans shall identify all existing and/or proposed structures, paved driveway
access and parking stalls associated with the proposed development. Landscaping
shall also be indicated on the plans for the purpose of mitigating any adverse noise
or visual impacts to adjacent properties in accordance with the requirements of
Planning Department's Rule No. 17 (Landscaping Requirements), Chapter 25
(Zoning Code), Hawau County Code.
E. Access(es) to the project site shall meet with the approval of the Department of
Public Works. All driveway connections to Laukapu Street and Hualani Street
shall conform to Chapter 22 (County Streets) of the Hawaii County Code.
F. Five-foot wide future road widening strips along the Laukapu Street and Hualani
Street frontages shall be subdivided and dedicated to the County within five (5)
years from the effective date of this ordinance.
G. The applicants shall provide improvements to the project's frontage along Laukapu
Street and Hualani 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 strips.
H. The applicants shall provide a minimum 20-foot corner radius at the intersection of
Laukapu Street and Hualani Street incorporating the future road widening
setbacks.
I. Streetlights and traffic control devices, as maybe required by the Traffic Division,
Department of Public Works, shall be installed.
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
prepazed and submitted to the Department of Public Works prior to the issuance of
Final Plan Approval. Any drainage improvements, if required, shall be
constructed, meeting the approval of the Department of Public Works prior to the
issuance of a Certificate of Occupancy.
K. The project shall connect to the existing County sewerline prior to the issuance of
a Certificate of Occupancy.
L. A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management for review and approval prior to the issuance of Final
Plan Approval.
M. Should any remains of historic sites, such as rock walls, terraces, platforms, marine
shell concentrations or human burials be encountered, work in the immediate area
shall cease and the Department of Land and Natural Resources -State Historic
Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent
work shall proceed upon an azchaeological clearance from DLNR-HPD when it
finds that sufficient mitigation measures have been taken.
N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for
-2-
imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
O. The applicants shall comply with all County, State and Federal laws, rules,
regulations and requirements.
P. An initial extension of time for the performance of conditions within the ordinance
may be granted by the Planning Director upon the following circumstances:
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicants, successors or assigns,
and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed within
one year may be extended for up to one additional year).
5. If the applicant(s) should require an additional extension of time, the
Planning Department shall submit the applicants' request to the County
Council for appropriate action.
Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the area to its original or
more appropriate designation.
-3-
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