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HomeMy WebLinkAboutCOM 0620.000 2008-2010 o o William P. Kenoi Mayor County of Hawaj'j 891 Ululani Street . Hila, Hawai'j 96720-3982 . (808) 961-8211 · Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 . Kailua-Kana, Hawai'i 96740 (808) 329-5226 . Fax (808) 326-5663 October 27,2009 Honorable J Yoshimoto, Chairman and Members of the County Council . County of Hawai 'i 333 Kilauea Avenue Hilo, HI 96720 Dear Chainnan Yoshimoto and Members: Change of Zone Application (REZ 09-000100) Applicant: Janice Oshiro Request: RS-10 to CG-20 Tax Map Key: 2-2-22:8 vC!1ange of Zone Application (REZ 09-000102) Applicant: American Trading Co., Ltd. Request: ML-20 to MCX-20 Tax Map Key: 2-2-32:24 Change of Zone (REZ 716, PD Docket No. 91-000008) Applicant: Hara Land Development Request: Amendment to Conditions C and D of Change of Zone Ordinance No. 92-70 Tax Map Kev: 1-5-14:7 William T. Takaba Managing Director Wally Lau Deputy Managing Director (") Qo ....... (j Z~ :;; ;:;?' ~""""";J) C".o = <Q :;z c;:, c::::: ..,., ~..,J rri c:; ff:""t-._..,., N -0 ::3 r:st> ..."""",..,. -'"'''''''' -~ rfj o ........ U1 '. . As required by Chapter 4, Sec. 6-4.3(C), Hawai'i 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. Sin~ \JY~ 0 \Villiam P. Kenoi Mayor , Enclosures cc: Plmming Department (l?J III t1~) Coma. No. , U) . .pC; ij(jV 5. Zp~ Ref. To. R.f. .DGtta... .1 j o o fi. County of Hawai'i PLANNING COMMISSION Aupuni Center. 101 Pauahi Street, Suite 3 . Hila, l-Iawai'j 96720 Phone (808) 961-8288 . Fax (808) 961-8742 October 27, 2009 ......, fS CQ z c::::> c:::::::: :D m ~~t '1\;.." ,it The Honorable J Yoshimoto, Chainnan and Members of the County Council County ofHawai'i 333 KIlauea Avenue, 2nd Floor Hilo, HI 96720 N t':,:~,,,,,,~ -0 ::3 N """,,,,""""" .'" ~::..... rf\ o ~ en Dear Chairman Yoshimoto and Council Members: Change of Zone Application (REZ 09-000102) Applicant: American Trading Co., Ltd. Request: ML-20 to MCX-20 Tax Map Kev: 2-2-32:24 The Windward Planning Commission, after a duly held public hearing on October 2, 2009, voted to recommend for your approval the proposed legislative bill for a change of zone from the Limited Industrial - 20,000 square feet (ML-20) to Industrial-Commercial Mixed (MCX-20) district for 52,457 square feet of land. The property is located at the northeastern comer of Kalanikoa Street-Kuawa Street intersection, Waiilkea, South Hilo, Hawai'i. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant is requesting a change of zone change of zone from ML-20 to MCX-20 for approximately 52,457 square feet ofland to convert portions of the existing warehouse structure into office and/or retail spaces. The applicant has no plans to construct a new building on the site. Instead, improvements will be limited to landscaping and interior renovations. Because the property is located in the Special Management Area, Special Management Area Use Pennit application has been filed concunent with the request for the change of zone. Hawai'i County is an Equal Opportunity Provider and Employer .... o o The Honorable J Yoshimoto, Chairn1an 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 detennined 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 Limited Industrial 20,000 square feet (ML-20) to Industrial-Commercial Mixed 20,000 square feet (MCX-20) 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 confonns 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 proposed project also confonns 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 LUP AG Map establishes the basic urban and non-urban form for areas within the County. According to the LUP AG map, the block bounded by Kamehameha Avenue, Kanoelehua Avenue, Kuawa Street and Kalanikoa Street is Medium Density Urban. This block includes the Waiakea Kai Shopping Plaza fronting Kuawa Street and Keri's House of Pancakes fronting Kamehameha Avenue. South ofKuawa Street, the area fronting Kanoelehua Avenue on the west (mauka) side is Industrial on the LUP AG. In other words, Kuawa Street is the ~ o o The Honorable J Yoshimoto, Chainnan and Members of the County Council Page 3 dividing line between Medium Density and Industrial on the LUP AG niap. The parcel immediately adjacent to the subject propeliy - the Waiakea Kai Shopping Plaza on Kuawa Street - is zoned MCX although it is in the "Medium I?ensity" block on the LUPAG map. All of the existing uses in the block would be allowed in either the MCX or CN zoning. In 2004, when the adjacent Waiakea Kai Shopping Plaza requested a similar change of zone to MCX, a determination was made that the property was in an area of transition between commercial and industrial uses. The current zoning of the subject property is ML and zoned as s~ch since 1968. The MCX zoning would have a lesser impact to the surrounding area than the ML zoning. The MCX, or mixed industrial-commercial zoning district, was added to the Zoning Code in 1996 after the enactment of the General Plan in 1989. The practice has been to consider MCX as consistent with the Industrial designation on the General Plan, rather than the Medium Density or High Density designations, because the intent of the Zoning Code amendment seemed more to allow some commercial uses within "light industrial" areas, rather than more "light industrial" in commercial areas. The MCX zoning can be attractive to landowners because it provides a somewhat broader range of uses than either the ML or CN zones. Commercial uses not allowed in CN that are allowed in MCX include indoor amusement and recreation facilities and bars and nightclubs. MCX also allows a range of light industrial uses such as warehousing. Without abandoning the general principle that the MCX zoning should be in Industrial designations, the applicant's rezoning request can be considered consistent with the General Plan LUPAG map given that the immediately adjacent property is currently zoned MCX. The Industrial LUP AG designation is immediately across Kuawa Street, there is MCX zoning across Kuawa Street, and the purpose of this zoning is to expand the range of commercial uses allowed within an already existing commercial building. It should not involve a significant change in the present character or appearance of the property or the general area. It is not adj acent to any homes, businesses, or other uses that would seem incompatible with the change of zone. o o The Honorable J Yoshimoto, Chairman and Members of the County Council Page 4 The State Land Use designation for the property 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 location in close proximity to water, air transportation terminals, harbor facilities and the residential population ofHilo. 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 property is a relatively level approximately 52,457-square foot parcel, the site of the Thy Word Ministries and other businesses located on the northeastem comer of Kuawa Street and Kalanikoa Street. The Waiakea Kai Shopping Center is adjacent to the property to the east, towards Highway 11. There are two structures on the site; one approximately 21,989 square feet presently used as a warehouse and housing the church, warehouse space, the office of the Research Corporation of the University of Hawai 'i, and the applicant's office. The approximately 500 square foot smaller structure was formerly used for painting, but is currently vacant. The parking area is paved, and landscaping forms the boundary along Kalanikoa Street. The closest residence is located over Y4 of a mile from the site, beyond Piilani Street. The area of the request is more light industrial and general commercial in nature. The surrounding land uses, visibility, and accessibility of this site make it more attractive for more intensive commercial and light industrial uses. The proposed MCX-20 zoning would make the site more competitive and compatible with the surrounding land uses. The land uses in the immediate area are a mix of commercial and industrial uses. Hilo Intemational Airport is zoned ML-20 and located east/southeast of the property. Commercial and/or industrial uses nearby include warehousing, aviation related uses, and office buildings. A Volvo dealership is located adjacent to the property to the east and zoned CN-I0. Ken's House of Pancakes is located diagonally of the property to the north and zoned CN-I0. The property to the east is zoned MCX-20, site of the Waiakea Kai Shopping Plaza. The property across Kuawa Street to the south is zoned MCX-20 and is vacant. Properties to the southwest are zoned ML-20, site of a storage facility. A bar and a commercial complex is located southeast of the site and zoned MCX-20 All utilities and services are available to the site. Access to the project site is proposed from Kuawa Street, a County road with a right-or-way of 60- feet with a curb, gutter and sidewalk section fronting the property. Currently, there are two full-movement accesses to the site, one from the nOlihem end ofKalanikoa Street and the other on the westem end of Kuawa Street. There is also an ingress-only access along the eastem end of Kuawa Street. Kuawa Street has a right-of-way of60 feet, with curb, gutter and "" o o The Honorable J Yoshimoto, Chainnan and Members of the County Council Page 5 sidewalk fronting the parcel. Kalanikoa Street has a right-of-way of 60 feet, but no curb, gutter and sidewalk along this section of the street. There is a 4-way stop on the intersection of Kuawa Street and Kalanikoa Street. The Department of Public Works states that the existing driveway along Kuawa Street is located too close (approximately 20 feet) from the intersection ofKuawa and Kalanikoa Street. As such, DPW recommends the existing driveway be removed and replaced with concrete curb and sidewalk in conformance with Chapter 22 of the Hawai'i County Code, which requires a minimum distance of75 feet from the intersection. A condition of approval will be added to reflect the DPW's recommendation. County water is available to the site. The property is connected to the County sewer line. 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 call1iot be rectified or which would render the land unusable. The project site is located within Zone "X", area detemlined to be outside the 500-year floodplain. As the site is already fully developed, no professional surveys were conducted of the site. However, 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 DepaJiment. By letter dated July 23,2009, the applicant requested a letter of no effect from the Department of Land and Natural Resources Historic Preservation Division. No professional flora or fauna surveys were conducted of the site. However, as the site is fully developed, no rare or endangered floral orfaunal resources are likely to be found on the site. The property is located in an urban setting adjacent to the airport and aviation related uses, as well as commercial and industrial uses. ;r o o The Honorable J Yoshimoto, Chairman and Members of the County Council Page 6 The request is not contrary to Chapter 205A, Hawai'i Revised Statues, relating to Coastal Zone Management. The property is located in the Special Management Area. Thus, the applicant is requesting the concurrent processing of a Special Management Area Use Pemlit application. The project site is located approximately 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 applicant, no valued cultural, historical or natural resources exist on the properties and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Based on the above findings, approval of this change of zone from a Limited Industrial 20,000 square feet (ML-20) to an Industrial-Commercial Mixed 20,000 square feet (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 ofHilo Zone Map), of the County Zoning Code is transmitted. Weare enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, ~ ?JDc;~ j1 ,.,. Rell Woodward, Chairman Windward Planning Commission Lamericantradingrez09-000 1 02wwpc2 Enclosures cc: Mr. Sidney Fuke American Trading Co., Ltd. Department of Public Works Department of Water Supply Department of Land & Natural Resources-HPD DOT -Highways, Honolulu Lincoln Ashida, Esq., Corporation Counsel ,- d OJ t 't BA TSMAREZ.doc-9/10/09 COUNTY OFHA W All PLANNING DEP A~TMENT BACKGROUND REPORT AMERICAN TRADINGCQ., LTD. CHANGE OF ZONE APPLICATION (REZ09-102) SPECIAL'MANAGEMENT AREA USE PERMIT (09-35) , AMERICAN TlUDING CO., LTD has submitted applications for a Special Management Use Permit and a Change of Zone from Limited Irrdqstri,al20,000 square feet (ML- 20)toJndustr1al-Com:rherc~al Mixed 20,000 square feet (MCX-20) for approxim~tely 52,457 square feet ofUmd, atida 'Special Management Area Vse Permitto convert 'portions 'of the '. existin~ warehouse structureinto'office and/orretail spaces.1;he"prpperty is the sit~ of Thy Word , . Ministries, . adjac~ht to' ~d,. west bf the Waiakea Kai. ShqppingPlaza,'Wl:ljakea, Sou!h tIilo; Hawaii, TMK: ~,.~L32:44~ PROPOSED ACTION 1. Reqilest; . elj~geOf zone frOth ML-20 t6MCX-ZO. for;appt6~matejy '5 2,457 square 'feet . , 6fland.aftda ~peCi'a1MaI1~gement Area Use pernlit to>convertp6rtipns of the existing . warehousestfljc(ure into office and/or retail spac;es, TheaPJ>~cant has no plans to construct.~tnew building on the s~te. Instead, improvemen.ts will he limited to landscaping and intenor ren.ovations. (Exhibit 1 ... Change of Zone arid &pecial Management Area UsePertnit applications) 2. Reasons for t~e Request: The applic~t propolses a mix of warehouse, office and retail- related uses, but the current ML.:20 zoning limits the Syope of commerCial u~es. The . requeste'd MCX-20 zoning will allow for the proposed uses. 3. Cost: Approximately $50,000. 4. La..dowDer: 'Afnerican TradingCo.,Ltd. STATE AND. COUNTY' PLANS 5. State Land Use Designation: Urban. 6. GPLUPAG Map:, IndustriallMedium Density Urban. 7. DUo Community Development Plan: The Hilo Community Development Plan adopted -1- Carm. 620 Bill 176 (' --"" " ,J o OJ f by Planning Commission Resolution No. 1 on May 21, 1975 identifies the area for commercial purposes. 8. County Zoning:ML-20. 9. MCX Zoning: The purpose of the MCX (industrial-commercial mix:eduse) district is to allow mixing of some industrial uses with commercial uses. The intent of this district is to provide for areas 9f diversified businesses and employment opportunities by permitting ~ broad range of uses, without exposing non-industrial uses to unsafe and unhealthy enVironments. The height limit in the MCX district is 45 feet. The minimum yards in the MCX district are front yards 20 feet, side and rear yards, none, except where the adjoining building site is ina~~, :RI), RM or RCX zoned district. Wbere the side or rear.propertY' . . lin~ adjoins th~ side or rear yard of a building site in a RS,RI:>; RM'or RCX zQIled djstrict, . . . . side or 'tear yard must conform to the side or rear yard,requiremeIlts for dwelling use of th~.adjoining distIiei. . . . . . .10. (()~stal Z(m~Mallagement~I;IRS, Chapter205A:' The 'entire 'StateofM~w8illies ' . .,' ".' -'.' .- - .,-' . . witliiIl the Coastal?6>>e Managemenf an~a. 11. '. . Special ,Management Area: The SMA is a. part of the Coastal Zone Management PrQgram regulated by the Goup.ty. The project site is located~pprmpmately one mile from the shoreline and'isinthe SMA. DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA 12. Subject Property: The property is located on the northeast corner ofKalanikoa Street and Kuawa Street, site of Thy Word Ministries. The Waiakea kai Shopping Center, , which is adjacerittb the property to the east towards Highway 11, was rezoned from CN- io to MCX.20 in 2004. There are two structures on the site; one approximately 21,989 . square feetpreseIltly used as a warehouse' and housing the' church, warehouse space, the . , ofllce bfthe Resea,ichCofporation of the UniversityofI1~Wai'i; and the applicant's office~ Tbe approximately 500 square f06tsmaller structure was formerly used for painting, but is currently va.cant. The parking area is paved, and landscaping forms the boundary along Kalahikoa Street. -2- J o 0) .. 13. Surrounding Zoning and Land Uses: The land uses in the immediate area are a mix of commercial and industrial uses. Hilo International Airport is zoned ML.,20 and located east/southeast ofthe property. Commercial and/or industrial uses n~arby include warehousing, aviation related uses, and office buildings. A Volvo dealership is located adjacent to the property to the ease and zoned CN-IO. Ken's House of Pancakes is located diagonally of the property to the north and zonedCN-IO: The property to the east is zoned MCX.,20,site of the Waiakea Kai Shopping Plaz.a: The property across Kuawa Street to the south is zoned MCX-20 and is vacant. Pfopertiesto the southwest , ate zoned ML-20, including a storage facility further southwest of the site. A bar ahd a commercictl complex are located southeast of the. site an<i zoned MCX-,20. . . 14.U.S.D.i\. Soil Type:K.eaukaha extremely stony muck, 6to~0 percentslopes (rKF])). . . . . . . . The:soil:qOfisists of well drained, thin organic soils over p3..hbepoe lava begtoclC. 1 ~ .~~nd:Stu~yBurea-lI'~Productivity Rating: Unclassified, 16:'NQise !n)pads::E,psting atnbient noise includes airpottlaviatiohuse, ttaflj~;Wiud, 17. 18, 19. 20. not an oceanfj-ont parcel, and will not affect, or be affected by shoreline processes. Recreational Resources: The proposed action Will not r~dll:ce tqesizeof the.pbastline ()f otherareastlsed forptiblicrecreational uses. , . "',,' 21. Visu~1 Resoluces: As the site is already fully-developed; the pI'oject will not ~ect the line-'of..,.sight toward the ocean. Flora/F~nma: No professional surveys were conducted of the site. Since the property is fully developed, no rare or endangered floral or faunal resources are expected to be found 22. -3- o o on the site. 23. Archaeol()gical/Historical Resources: As the site is fully developed, no professional surveys were conducted of the site. The applicant has stated that should any archaeological features or sites be dis~overed during the development of tms project, work will immediately cease and the applicant will notify the Planning Department. By letter dated July 23,2009, the applicant has requested a letter of no effect from the Department 'of Land and Natural Resources Historic Preservation Division: . . 24. Cultural or Native Gathering Rights: As the property is fully developed, 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 inthe area. 25. Public Access: There is no record of a designated public access to the sJ).Oreline or ll1cmntain areas that tniver~es the property. :PUBLIC UTILI'I1ES ANn SERVICES , . " 26. . Access: Access to the project site is propos~dfr6m Kuawa Street, a County road with a . . . rig}it-Qr-way ~f 60~feet. with >a curb, >gutter. and's~qewalksectioI1 frontin~ the .prope~y. :'Currently,there aje'tWQ full-movement ~ccesses to the site, One frpm the northerilend of . , '..' Kalapikoa Street a.nd the other on the wes,tern end ofKu~wa Street. There is also an .: iQgress-oI1lyaccess along the eastern end QfKuawaStr~et. KuawaStreet has aright-of., waY of 60 feet, with curb, gutter and sidewalkfrontin~ the parcel. Kalanikoa Street has a .right-of-wayof60 feet, but no curb, gutter and sidewalk along this section of the street. There is a 4-way stop on the intersection ofKuawa Street and Kalanikoa Street. The Department of Public Works suggests the removal of the existing driveway on Kuawa Street due to its proximity to the Kuawa Street/Kalanikoa Street intersection. 27. Water: County water is available to the site. 48. Wastewater: The property is connected to the County sewer line. 29. S(did' Waste: Solid waste will be halldled bycbn:nllerciaJha1J.ler~. If reqvired, a Solid Waste Management Plan will be prepared. 30. Essential Utilities and Services: Electricity and telephone services ':lre available to the site. -4- -) o 0) AGENCIES' AND ORGANIZATIONS' COMMENTS 31. Department of Public Works: P.D. Exhibit 2... September 3,2009 memo 32. Department.,fWater Supply: P.D. Exhibit 3... September 2, 2009 memo 33. Fire Department: P.D., JExhibit 4 - August 31, 2009 memo 34. Police Departm~ntP.:O. Exhibit 5 - August 14, 2009 memo 35. Department of Environmental Management: P.D. Exhibit () ..AugustIO, 2009 memo 36. DLNR Historic Preservation Division: P.D. Exhibit 7 - August 13, 2009 memo 37. DLNR Land Divisioll: P. D. Exhibit 8... September 1, 2009'memo 38. DepartmentofIlealth: P. D. JExhibit 9- August 18,2009 memo AGENCIES -.NO RESFONSE 39.CiviJ. Defense Agericy"Department of Transportation . APPLICAN'I"SRE8PON8E TO AGENCIES . . . 40. 'f.n...:Exhibjt 10 f 1\:ugust ~5, 2~09. an:dSept~mb~r 8, 2009JetterS PUBLIC coMMENTS 41. None as of'this writing. -5- I - ') ) ", Ji . . ~~~ ~,P' ;:"'" -., ~-',: ~~: tJ T :.~'~,"'C-'_ _~lH~_ J t . q, APPLICATION FOR COUNTY REZONING (ML-20 to MCX-20) and SPECIAL MANAGEMENT AREA USE PERMIT AMERICAN TRADING CO., LTD. Waiakea, South Hilo, Hawaf'j TMK: (3) 2-2-32: 024 Prepared For: American Trading Co., Ltd. Prepared By: Sidney M. Fuke, Planning Consultant July 2009 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 d: Keep it? 'res e. other (please state) f. If you intend to do either a, b, or c, please elaborate on the kind of .plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. N/A 3. What specific building plans do you have for the subject land? Include in your answer the following: type of building (apartment, office, launderette, etc.); financing arrangement; timetable for construction; and any other information which you feel might help us in evaluating your request. Renovate a portion of the existing warehouse for retail and office use. 4. Have you performed any study which would demonstrate a need for your proposed building and/or development? No if so, please elaborate on your findings in the space provided below. -2- ') -} 5. Have you performed any study which discusses the environmental impacts your request would nave on the surrounding area and/or the County? Yes If so, please elaborate on your findings in the space provided below. Please refer to accompanying planning and environmental report 6. Are there any buildings on the subject area? If so, what kind? Yes Existing warehouse building What do you intend to do with those buildings if your request is approved? Renovate a portion of the warehouse for office and retail use 7. Is the subject land currently being used for any agricultural activity? if so, please list the kinds of products grown on and how many square feet or acres of land per product? No -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 !I/O a. Schools x b. Roads x c . Sewer x d. Drainage x Police Protection x e. Fire Protection x f. x g. Recreational Facilities Recreational Facilities x h. 1. -4- ) ) For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. 11. Have you performed any historic sites study and/or survey of the subject area? If so, what were the results? Please, also, submit a copy of the study together with this change of zone supplement. No. The site has been improved and used for a warehouse and related uses for 50+ years. Signature:~~ Address: 113 Kuawa Street Hilo, III 96720 Telephone: 935-3381 Date: July 1,2009 -5- 6338A/50A SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: American Trading Co., Ltd. APPLICANT'S SIGNATURE: DATE: ADDRESS: 113 Kuawa Street Hilo, HI 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: E. Matsumura - Pres. Kathleen Matsumura,- VP; Wilma Matsumura - Sec- Treasurer PHONE: (Bus.) LANDOWNER(S): 935-8344 (Res.) (Fax) AmericanTtading-Co., Ltd. . LANDOWNER SIGNATURE(S): LANDOWNER(S) ADDRESS: DATE: (May be by letter) 113 Kuawa Street Hilo, HI 96720 REQUE.ST: Proposed conversion of an existing warehouse/office building into commercial retail and office use TAX MAP KEY: (3) 2-2-32: 024 ZONING: Proposed MCX-20 SIZE OF PROPERTY OR AFFECTED AREA(S): 52,457 square feet AGENT: ADDRESS: Sidney Fuke 100 Pauahi Street, Suite 212 Hilo, HI 96720 TELEPHONE:(Bus.) 969-1522 (Res.) (Fax) 969-7996 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Sidney Fuke COPIES: American Trading Co., Ltd. I . ) ) COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST - ML-20 to MCX-20 and SPECIAL MANAGEMENT AREA USE PERMIT American Trading Co., Ltd. WAIAKEA, SOUTH HILO, HAWAII TAX MAP KEY: (3) 2-2-032: 024 I. INTRODUCTION The applicant, American Trading Co. Ltd., wishes to rezone the subject site consisting of 1.2+ acres or 52,457 square feet from Limited Industrial (ML-20) to Industrial-Commercial Mixed (MGX-20 in the City of Hilo, Hawaii. At the same time, since the subject site falls within the County Special Management Area ("SMA") boundary, a SMA Use Permit is being sought for the contemplated improvements. The subject site is located on the northeastern corner of Kuawa and Kalanikoa Streets, Waiakea, South Hilo, Hawai'i, TMK: (3) 2-2-032: 024. Its street address is 313 Kuawa Street. If successful, the applicant plans to convert portions of the existing warehouse structure into office and/or retail spaces. II. PROJECT LOCATION As noted earlier, the subject site consists of 52,457 square feet and is identified by TMK: 2-2-032: 024. The site is located on the northeastern corner Kuawa and Kalanikoa Streets. It is also on the same block as other uses that front Kanoelehua Avenue. (Figures 1 & 2) Adjacent to the subject site and up to Kanoelehua Avenue is a commercial complex (Waiakea Plaza) that was recently rezoned into the MGX-20 district. On the south side of Kuawa Street, there is a restauranUbar as well as commercial building which house a variety of commercial uses. On the north side of the subject site is a car dealership. There are other commercial/industrial uses within 300 feet of the subject site that include warehouses, offices, restaurants, and a retail store. III. PROJECT DESCRIPTION A. Project Concept and Components There are currently two structures on the subject site. One is a vacant 500 square foot structure that was formerly used for painting and will probably be used for storage in the future. The principal I ~. l> j;; '" llr ~ :t ;: ~ ~ ~ '" \h ;t: I IJ jJ4.... I ~ " ~ ~ ~.~~Q '=t~. , ! a:~ ~~ ~ ~ :t~tII1\ ~.~ Q' 'it- ~~(\~~ ~().' ~~~~.r~" Q il-", .... ~~~\ ~tt-- ,~a~ f'~ ~~f~ ~.~ ~~ ~~ : ~ ~~ ~~ ~... ,.. ~~~ '~l~ \;,~ .... ~ Q3 ~ ~ .~~1 ~ .:' ~:,.~ d s-~'\ :;t ;t ',0' I~. ~~~ ~ ~t.:' .:~i I" ,- I ~",,,allo""l =~ ~~~:=~~f.t;:-~ ~""oa::~~ . rt1i':-~-:-1;-~: . ~~;~'1"'" ~~ .~l. . } ~ ~~Ar~ v011~~ i;i~~r. .<d ~ r~~ 1i \~ il> ~ " -.. '" '" "- '\,. ... <;,. -:-. ~ ~ ~~~ n!.. il~ l(;'i :>. ~~ ~,. f~ ~~ [~ <4" 'lJ r- h "1 : :J: l;'O ~O .J"- <>~ i!.c: ~ ''lJ ~.~ '"); '" '" . /"~i / . P[ ell .. i" (j; i~~ ".. ;g "\ ~(jIlO' l:J, ~n &..1I~ ~""'l' ~\):tQ =f;t~ ~f~ ~p. .d hi t~~ ~~f J[' " ~ ~.,. ~ , a."'.... tt', 1\ ''I ~ .> ~~ '1 ~ . , I . 'a . ~t: ~! ,~. !~ ~v ~~ ~~ "-\) ~~ :t~ '<;~ . ~ 1" ~ ~ ~ ~t. . {~ ~!i'~1:;;~:." tr . "~l ::.. '7 / / i' f .') / \ / / y-<l"~/ -a,\ / / j1.J .fl; "I / t.Y "'~}- / " / / / / / / FIGURE 1/ / 11~) if) o ".i~ rt\~ W M ) J ~ -i j KU~W';- I-~ .~j '0---'] f--.;...._.~~-. , . : ! .1 I I~i i'm! ':'::' I i , ! I I I . be;! \~ '- ~~'; :0' tom I I~ p1l.~r~f_~ I J I l~i I"", .::u j I I I~ !:i1 Yro 19' ___' ____ ,..____Jl!> Hualani St )> ."'11----10; it;1 \~~ ;~ fii@-,!.6f1ii ! ) 1 \-%.\ ~I \.~5\. 1 \y \, >~//- ,<{l., / [>,~'/"I' ), ~S~/ /"~~~I\'il' r // ~..... "I - ///--;::.:///! I \ I ". ./ /' ' 'I ~ / '-. . .,/ /' <)/ -- \\ \, -C!!y/ 17< I \\'-(/' '" I ./ \,.:'\':' ,~~ /';<;,;~/' 15111 i _.<:;*~'> " '., ! j. --~ 'P' "----~-Ka-m:et;ainehaAve~ ~~.-~ r~~,\! r" .....~~~------'.,~......,,"""'.....,.-~_....,.........-.~-'-'--,....,. 1 ~~ 1'/' "'1 LOCATION MAP 1=1(;111?1= , structure is a 21,989 square foot warehouse structure. That structure currently houses a church, warehouse space, and the applicant's office. The church, Thy World Ministries, utilizes 9,288 square feet on a month to month lease. The applicant's office consists of 1,472 square feet. The remaining 11,229 square foot area is used for storage. The Research Corporation of the University of Hawaii utilizes 7,509 square feet, while the applicant uses the remaining 3,720 square feet. (Figure 3) There are 56 and 1 handicapped parking stalls on the site now. The 57 stalls are sl,lfficient for the current uses. The amount of commercial office or retail uses would be a function of the stalls available on site. At this time, the church conducts its services on Thursday evenings and during the day on Sundays. As such, because of this schedule, parking has been shared and has worked very well. The applicant does not visualize any parking difficulty should there be more retail or office use. Given the surrounding industrial and commercial uses, the applicant believes that the area could support a project that combines a mixture of warehouse and office and retail-related uses. In that regard, it would like to convert portions of the structures for those uses. However, because the existing Limited Industrial (ML-20) zoning restricts the amount of office and retail uses, the applicant is seeking the Mixed Commercial-Industrial (MXG) zoning. There are presently three accesses serving the site, one from Kalanikoa Street and two from Kuawa Street. One of the accesses from Kuawa Street is limited to ingress only; the other two accesses have full movements. .. At this time, the applicant has no plans to construct a new building on the site. Instead, improvements would be limited to additional landscaping and interior renovations to accommodate future tenants' needs. B. Proiect Timetable and Cost Should the request be approved, the applicant intends to market and utilize the property for uses consistent with the requested zoning. At this time, only minor interior improvements are anticipated. The cost is not expected to exceed $50,000. 2 ) ) B 1-1 .',1 ,.~~ .. .- x x ~~ ~~ ~ ~ I ll"'" ~ . I !Ii(} '-~ OJ 8 ~~: () " (pI> :; U II o~2l '" Jl '" () t; \l IYl .. IYl I> .. 0 ~ C~ ~iji . !Ii'"' ~(Jl 3 r u /': 7\ ~ .. .. ~ I>- z: '" (l ~ r PI .. l>- x Z ~ ~ 4 7\ () g ~ l>- I> (\ ~ ~ .. >> .. .. II r~ ~ ~ I>- < '" ~ PI ~ ~ ~ ;Om l! :;~ '" "'0>' ~! 1< '1:'"' ~ ~(Jl ~ r U . ~ p -.. .. x ~ m ~ i x iji 0 '" jj g jj " (\ I/: I m .. .. 1 " !'i. L_ ~ w EX!&Tn-J:::l, 51DEWAlK ff 181.0.3' f~Jn~ ~~ f . ! .is ::r-~ ~ RONALD H. NAGATA LLL, INC. AMERICAN TRADING CO., LTD ARCHI~.T ~ KUAHA STREET ~ :ztXJ'I"~5lToo...t,~ 1Jlle.,/b.;oJ'''6UO I"b::<>:h~.2l>.2t'> ~h... ..Jd ~'-'~- SOJTH HiLa, HAK'.II ClellDC ::> I "" .~~ 1>" ~& jli" II PI ~~~~~ g..::E~ Qi'i: ;;;~~F ~~ ~~ F>; ~ ~~ ~iS! ~~C::S?-l~~ !:[~f~~~ i:;;~~~~S '-?- ~:7 ~ ~;;:; c:;::= ~~ ~ . :><l::EQ-{S'g,.0..... ~ ~~ ~Jrl!f ~!~~ ~e~ ~t~~ ~~ ~~:~ 8] i~i;;; i . - ~~ ~iI'g ",nasg "'!f"';:;B [w~~'r. .- - . ~ ~ ~ .. ~ I< mm il!i ~ls."'ii'" !i~;g~ ~rlF~ ~~~.". "lr~ ~~~~ Ii!!: ~~~ j.lf ::. ~ " IH~ J~! :!i ~3" ~~: ..,- ~l 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 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. Hila Community Development Plan The Community Development Plan (COP) attempts to further define the General Plan and serves as a Quide for decision-makers. It was adopted by the Planning Commission in 1975, over 25 years ago. Although reviewed by the County Council, the COP was never adopted. The COP's Land Use Concept map identifies a ML-10 designation for this area. This designation suggests industrial uses, and the requested zoning would thus be consistent with the map. Notwithstanding this consistency, however, it is acknowledged that the growth of Hilo and its outlying areas like Puna, has made some of the planning assumptions of the COP obsolete. An updated COP 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. 3 I I I i . ) ~) D. County Zoning The County zoning of the subject site is Light Industrial (ML-20). If the Industrial-Commercial Mixed (MGX-20) request were approved, the site would be developed into a mixture of office and retail uses, rather than predominantly warehouse use. For the use conversion, 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. Special Management Area ("SMA") The site is situated within the County SMA district. As such, while the contemplated improvements and associated uses may be considered exempt from the definition of "development" and hence any Major or Minor SMA permit, this request is being filed to eliminate the need for such action in the future. A discussion of this project's relationship to the SMA policies and objectives are found in Chapter IX of this report. H. Other Permitting Considerations Other construction-related permits may still be required. If required, these would be of the "ministerial" variety, such as Plan Approval, building permit, driveway permit, and health clearances. v. ENVIRONMENTAL CONSIDERATIONS A. General Description The 52,457 square foot site has a rectangular shape. Its width is 260+ feet while its depth is about 201 feet. There are two structures on this fairly level site. The larger one, consisting of 21,989 square feet, is presently being used as a warehouse, church, and office. The other one, consisting of 500+ square feet, was formerly used for painting and is presently vacant. There are also paved parking surrounding these structures. Landscaping, primarily azalea plants, form the boundary along Kalanikoa Street. 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. 4 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. There are no perceptible topographic or geologic constraints on the subject fully improved site. Its elevation is approximately 65 feet. Being within a heavily urbanized area, the Land Study Bureau Overall Master Productivity Ratinq 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 (ALlSH) 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 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. However, because the site is fully improved, the soil type classification is not really relevant. 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 added level of impervious surface resulting from the parking area, there are a few drywells. No additional drainage improvements are being contemplated. 2. Tsunami Hazard Although the site is situated about a mile from the ocean, it is 5 ) ) located within the County of Hawai'i Civil Defense's Tsunami Evacuation Zone. The evacuation line in this area extends up to Hualani Street. Thus, people within this area must evacuate the site when the Civil Defense issues a warning. 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 may be added structural requirements to address this seismic hazard during the conversion process. 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 and commercial 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 is some typical landscaped vegetation such as the azalea plants. Like the faunal resources, the site is thus unlikely to have any threatened or endangered plant life. 6 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 industrial use ofthe site for well over 50 years reduces the prospect of finding any archaeological remains. Nonetheless, during the course of redeveloping 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 bea 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 industrially 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 a mile 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. 7 ) ) The project will connect to the County's sewer line fronting Kuawa Street. As such potential groundwater and coastal resources impacts would be mitigated. Further as noted earlier, prior to the installation or use of any additional drywells on the, site to address on-site drainage concerns, the appropriate UIC permitfrom the State will be taken. At that time, impacts to water and coastal resources will be carefully examined. I. Noise, Air Quality, and Dust Impacts The existing background ambient noise level is associated with the wind, foliage, birds, airport, aviation-use, and traffic along Kanoelehua Avenue, Kuawa Street, and Kalanikoa Street. The Kanoelehua Avenue traffic is relatively high, averaging 50Ldn or even higher during heavy traffic and/or airport use. As noted earlier, traffic along Kanoelehua Avenue and frequent aircraft traffic, however, heavily influence manmade noise in this area. Kanoelehua Avenue is a major cross-town 6-lane, divided highway. As such, although this project may 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 55Ldn, which is within acceptable levels within an urban environment. The periodic aircraft over flights generate a higher level at approximately 60 or higher Ldn. There be little or no short-term noise impacts, as the structures are already in place. Furthermore, all improvements for the most part will be interior, and the noise associated with these improvements will be temporary. Additionally, 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 interim construction of the project. However, compliance with the State Department of Health's regulations governing dust control should help mitigate this potential impact. 8 \."" '- 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. The required parking area within the project site is already paved with an all-weather, dust free surface. Although there is landscaping on the site, if additional is required as part of the Plan Approval requirement, it will be installed. 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 M,auna Loa are listed as scenic resources. The. proposed development would not have any visual impacts on either of those mountains, particularly from Kaneolehua Avenue. The location of the site is such that there will be no interruptions to these views. Furthermore, there will be no new structures on the property. The existing structures, with a height of less than 25 feet, are comparable to a standard residence. Thus, there should be little, if any, visual impacts resulting from this project. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surroundina land Uses The land uses in the immediate area are a mixture of commercial and industrial uses. These uses range from auto dealership, office, restaurants, bar, general retail, storage/warehousing, and the like. Accordingly, the requested zoning would be consistent with the design and scale of the existing and emerging uses of the general area. 9 ') ,< ) 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 during the renovation process. With the allowance of greater commercial and light industrial uses, the structure should be able to attract a wider variety of users. In turn, the project could be a little more successful, increasing the chances for a number of longer-term employment opportunities. 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 complementary to and indirectly supportive of those areas. A mixed industrial/commercial rezoning would also increase the tax revenues to the County. It is unlikely that this request would have adverse real property tax consequences to adjoining properties, as all of them are used or zoned commercially or industrially. C. Agriculturallmpacts The site is and has not been used for intensive agricultural activities. The site has been used as a warehouse for over 50 years. The surrounding area is also heavily urbanized. Even the State ALlSH's mapping system does not classify this site. Accordingly, the potential commercial agricultural value of the site is minute, if at all. VII. INFRASTRUCTURAL CONSIDERATIONS A. Road The subject site fronts both Kalanikoa and Kuawa Streets. Kuawa Street has a right-of-way of 60 feet, with a curb, gutter, and sidewalk section fronting the subject site. Kalanikoa Street also has a right-of-way of 60 feet. However, there is no curb, gutter, and sidewalk section along this street. The site is serviced by a full-movement access from the northern most end of Kalanikoa Street and the western end of Kuawa Street. There is also an ingress only access along the eastern end of Kuawa Street. 10 Traffic at the intersection of Kuawa and Kalanikoa Streets is governed by a 4-way stop. These 2-way streets are level and straight, thus affording more than adequate sight distance. Kalanikoa Street at its intersection with Kamehameha Avenue and Kuawa Street at its intersection with Kanoelehua Avenue are limited to right-turn movements only. 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 the Kalanikoa Street driveway is situated as far away possible from the intersection. While the Kuawa Street driveway is near the intersection, the 4-way stop serves to mitigate potential conflicts. The applicant understands that curb, gutters, and sidewalk are desired along commercial and industrial street frontages. In this case, if required, the applicant would like to have it deferred until there is more than 60% of office or retail use on the site or until a new structure is constructed on the site. With the higher retail use, pedestrian traffic or activity could be a little higher; that would not be the case for warehouse use. Furthermore, with a new building and the need for additional construction financing, it would be. financially easier for the project to absorb the cost of the curb, gutter, and sidewalk improvement. B. Water The County's water line fronts Kuawa Street. This line already services the site. Should there be a need for a larger meter and a backflow preventer, one will be installed by the applicant. c. Wastewater The project's wastewater system will be hooked up into the County's 10-inch line fronting Kuawa Street. D. Solid Waste Solid waste, as is presently been done, 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 should not be significant. 11 I f _ ) ") 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 offive licensed hospitals on the island. 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 intermittent church use, warehouse, and limited office 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. 12 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. Mitiaative 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. If needed, the applicant is willing to improve the driveway access from Kalanikoa 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 (although it appears unnecessary atthis time) as well as connecting to the County's wastewater system. All of these will be done in conjunction with the subsequent 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 is fully developed and there are no residences on it, there are no displacement or relocation issues. D. Alternatives to the Proposed Proiect 1. No Proiect Under the status quo alternative, the site would remain in its current intermittent church, warehouse, and limited office 13 ') ') use. Under this scenario, the site would not be fully utilized in a manner that would be consistent with the surrounding areas. Furthermore, the kinds of potential commercial goods and services this site could provide would be diminished, thereby leaving the broader community underserved. 2. Development Based on ExistinQ ML-20 ZoninQ Under this alternative, the site would be limited to more industrially oriented uses. The site would potentially be underutilized, given its location and infrastructure conditions. The site could possibly be subdivided into 2 lots and used industrially. However, smaller parcels make it less feasible for true industrial uses. 3. Alternative Industrial Densities The site could be developed into a heavy industrial uses, given its Industrial designation on the General Plan LUPAG map. However, with the mixture of commercial uses in this area, heavy industrial would not really be use compatible. 4. Evaluation of Alternatives Leaving the property in its current underutilized state would not maximize the use of the land as envisioned by the General Plan. Because of the lower value associated with warehouse uses, there would also be a concurrent diminution in tax revenues and fewer services to the public. While alternative industrial densities are possible, the proximity of a major highway requires visual and land use sensitivity that can more likely be achieved with a MCX rather than a ML or MG zone. 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. 14 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 MGX-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. . The LUPAG map designates the site Industrial, a designation that allows the requested MGX-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. 15 ) ') Policies o 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. iii The County shall strive for an economic climate which provides its residents an opportunity for choice of occupation. · The County shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. · The County shall encourage the development of a visitor industry which is consistent with the social, physical, and economic goals of the residents of the County. Discussion The request would provide opportunities for more office and retail uses in the complex to 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. 16 " 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. . 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 17 ') ) areas. This area is somewhat suitable for such an expansion. Because it is proximate to a main highway, appropriate visual 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. 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. II 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 warehouse and commercial/office uses are not noxious, potential pollution concerns would be minimal, if at all. Being used as a warehouse and related urban activities 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 archaeoloqical 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 the surrounding 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 COP was adopted in 1975 by the Planning Commission to serve as a guide to the General Plan. 18 Although the site is designated ML-10 and the requested MCX-20 zoning would be consistent with the COP, many changes have occurred over the past 25 years, making the planning assumptions of that plan 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. E. Relationship to Special Management Area Obiectives .. 1. Recreational Resources The proposed improvements should not have any adverse impact to the recreational resources of the area. The property is not a coastal property, and there are intervening privately owned properties between the project site and the ocean. 2. Historical and Cultural Resources As the site has been fullY improved and used for over 50 years, it is very unlikely that there are any remaining historical or cultural resources remaining on this site. Further, in the unlikely event that there are any inadvertent finds during the course of renovating the structure, work will immediately cease until clearance from the County Planning Department is secured. Relative to the site's potential cultural resources, the site is not a coastal property and does not have a history of providing indirect access to the shoreline. As such, the continued industrial and commercial use of this site should not have any adverse impacts to native Hawaiian cultural or religious practices. 3. Scenic and Open Space Resources 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. The proposed development would not have any visual impacts on either of those mountains, particularly from Kaneolehua Avenue. The location of the site is such that there will be no interruptions to these views. Furthermore, there will be no new structures on the 19 ') ) I I I ! property. The existing structures, with a height of less than 25 feet, are comparable to a standard residence. Thus, there should be little, if any, visual impacts resulting from this project. 4. Coastal Ecosystem The existing and any contemplated improvements should not generate any adverse impacts to the area's coastal ecosystem. Although the structures and parking area may have increased the volume of rainwater, they have been directed into existing drywells on-site and away from the ocean. Further, the site is situated nearly a mile feet from the shoreline, and any direct interaction between the proposed improvements and the coastal water should not be excessive, if at all. Then, too, there already is a sewer line that fronts Kuawa Street. This line will be used to support the existing and projected wastewater generated by this project. 5. Economic Uses With the long-standing melting global economies and global insecurities due in part to the threat of terrorism and health concerns (such as Swine Flu Virus) it should be heartening to still find businesses willing to reinvest on their properties. 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 during the renovation process. With the allowance of greater commercial and light industrial uses, the structure should be able to attract a wider variety of users. In turn, the project could be a little more successful, increasing the chances for a number of longer-term employment opportunities. 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 complementary to and indirectly supportive of those areas. A mixed industrial/commercial rezoning would also increase the tax revenues to the County. It is unlikely that this request would have adverse real property tax consequences to adjoining properties, as all of them are used or zoned commercially or industrially. 20 6. Coastal Hazards Although the site is designated "X" on the Flood Insurance Rate map, it still falls within the Civil Defense Tsunami Evacuation Zone. However, with the advance early warning systems, there should be adequate provisions to address impacts from tsunami (with the exception of locally generated tsunamis). As the site is not located adjacent to the shoreline and nearly a mile away, normal winter storm waters should not be an issue for this project. 7. Manaaing Development While this function is more applicable to the "authority" or approving agencies, the request is intended to operate within the confines of the requested Mixed Commercial-Industrial (MCX-20) provisions of the Zoning Code. Because of the zoning consistency, this project would be consistent with the policy of "us(ing), implement(ing), and enforc(ing) existing law effectively to the maximum extent possible in managing present and future coastal zone management." 8. Public Participation There is a statewide public advisory body called Marine and Coastal Zone Management Advisory Group (MACZMAG) that has the task, among other matters, of advising the lead agency (Office of State Plan) on coastal management issues. This includes a direct or indirect review of certain requests that may have statewide coastal zone management implications. Public participation in the review of the permitting process is also achieved through the use of sending notices to surrounding property owners of the submittal of this rezoning and SMA applications and another separate notice informing said owners of the date of the Planning Commission's required public hearing as well as the rights to request for participation via a contested case hearing for the SMA application. 9. Beach Protection The subject property is not a coastal property and nearly a mile from the shoreline. As such, the policies and objectives relating to this matter do not apply. 21 I . I I I I I ") 1 o. Marine Resources : " I Mitigating measures will be taken during the construction of any improvements to the site. If required, erosion control measures meeting with the requirements of the State Department of Health and County Department of Public Works will be developed and implemented, particularly during the construction period. If necessary, additional drywells, meeting with the Underground Injection Control (UIC) requirements of the State Department of Health, can be constructed to help address potential impacts from additional surface runoff. Additionally, the project will be connected to the County's sewer line fronting Kuawa Street. 11. SMA CONCLUSIONS Based,on the foregoing, it is concluded that the proposed improvements are consistent with the objectives, policies and guidelines of the Special Management Area Rules and Regulations. Specifically: A. The proposed project will not have any substantial, adverse environmental or ecological effect. Any effect that may result will be minimized to the extent practicable and is clearly outweighed by public health, safety and welfare, and other compelling public interest. Further, it will not generate any adverse effects by themselves or in conjunction with other individual developments, the potential cumulative impacts of which would result in a substantial adverse environmental or ecological effect and the elimination of planning options. Appropriate mitigating measures will be taken to address any potential adverse impacts of this project; B. The proposed uses - as discussed earlier - are consistent with the objectives, policies, and guidelines of the SMA Rules and Regulations; and C. The proposed uses are consistent with the County General Plan and the County Zoning Code. 22 ) ) DEPARTMENT OF PUBLIC WORK~ COUNTY OF HAWAII HILa, HAWAII ~) r:; :...'" DATE: September 3, 2009 ~ TO: BJ Leithead Todd, Planning Director FROM: -t' D~ent qf Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09-000102) SPECIAL MANAGEMENT USE PERMIT (SMA 09-000035) Applicant: American Trading Co., Ltd. Request: ML-20 to MCX-20 Tax Map Key: 2-2-32: 024 We have reviewed the subject applications for compliance with Chapter 27, Floodplain Management, forwarded by your memo dated August 6, 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 Kalanikoa and Kuawa Streets as collectors with existing right-of-way widths of 60 feet. There's and existing 20-ft corner radius "Road Reserve" at the intersection of Kalanikoa and Kuawa Streets. This 86 square feet Road Reserve created by subdivision no. 69-040 should be dedicated to the County. The existing driveway, along Kuawa Street, is too close (approximately 20 feet) to the intersection of Kalanikoa and Kuawa Streets. Chapter 22 of the Hawaii County Code requires a minimum distance of 75 clearance. Therefore, we recommend the existing driveway be removed and replaced with concrete curb and sidewalk. Based on the proposed zoning, we recommend the applicant provide improvements to the subject property's entire Kalanikoa Street frontage consisting of, but notlimited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting the requirements of the Department of Public Works. Install streetlights and traffic control devices as may be required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. Questions may be referred to Kelly Gomes at ext. 8327. Planning Dept. Exhibit J\ County of Hawaii is an Equal Opportunity Provider and Employer ~~""-""''''-~'''''''''''''''''''''''''''''''''''''''''-----~-' I ~ C-' I'Il"<jJ M-T If,,;', . J. k,J "tL/ .",' ,;~j _rt't.-l' i I ('pi. (I C .{. i]gp 2 I Bv; t)'5'l) 4'0 " j J _.~.. ___'~""~~'<C"".ft.".'_''''',~,_" r ."_ 0 '."". I I - I ~ ,~ ) ') DEPARTMENT OF WATER SUPPLY · COUNTY OF HAWAI'I 345 KEKOANAO'A STREET, SUITE 20 . HILO, HAWAI'I 96720 TELEPHONE (808) 961-8050 . FAX (80a) 961-8657 September 2, 2009 TO: Ms. BJ Leithead Todd, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09:-000102) SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION ' (SMA 09-000035) APPLICANT - AMERICAN TRADING CO., LTD. REQUEST: ML-20 TO MCX-20 TAX MAP KEY 2-2-032:0024 l'o..) 1...'1 We have reviewed the subject applications and have the following comments and conditions. Water is available from an existing 8-inch waterline within Kalanikoa Street or from an existing 8-inch waterline within Kuawa Street, both of which front the subject parcel. The subject parcel is served by an existing 5/8-inch meter, which is limited to a maximum daily usage of 600 gallons. The Department has no objection to the proposed Change of Zone application subject to the applicant understanding and accepting the following conditions: 1. The Department requests that the applicant submit estimated maximum daily water usage calculations, prepared by a professional engineer licensed in the State of Hawai'i, for review and approval. The water usage calculations should include the total estimated maximum daily water usage in gallons per day and the estimated peak flow in gallons per minute. Upon acceptance of the water usage calculations, the Department will determine the water commitment deposit due, facilities charges (subject to change) to be paid, and any other requirements for water service. A larger or additional meter may be required if the estimated demand exceeds the capacity of the existing 5/8-inch meter. 2. The proposed zoning will require the installation of a reduced pressure type backflow prevention assembly, within five (5) feet of the meter on private property. If a larger or additional meter is installed, a backflow prevention assembly will also be required for that meter. The installation of the backflow prevention assembly( s) must be inspected and approved by the Department before water service can be activated. Planning Dept. I S'C' . i . /.ANNED I) j / Exhibit .3 I c:.I\Pcil~ UIlIlll. I . .. VVater brinfj6 profjre66. . . . I . . 'U OJ U ~u 8 I ! By. ~ The Department of Water Supply is an Equal Opportunity provider and employer. To file a complaint of discrimination, write: USDA, ~!r~f,~~~4';"'~~! Rights, Room 326-W, Whitten Building, 14th and Independence Avenue. SW, Washington DC 20250-9410. Or call (202) 720-5964 (voice and TDD) \ I j ~ I Ms. BJ Leithead Todd, Planning Director Page 2 September I, 2009 3. Subject to the 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 the existing 8-inch waterlines within Kuawa Street and Kalanikoa Street are looped and therefore both adequate to provide 2,000 gallons per minute for fire protection, as required per the Department's Water System Standards for the proposed type of land use. Should there be any questions, please contact Mr. Finn McCall of our Water Resources and Planning Branch at 961-8070, extension 255. Sincerely yours, '---"" " '\. { FM:dfg copy - American Trading Co., Ltd. Sidney M. Fuke, Planning Consultant ') ') WiIliamP.Kenoi Mayor Darryl J. Oliveira Fire Chief Glen P. I. Honda Deputy Fire Chief QCountp of ~alt1ai' i HAWAII FIRE DEPARTMENT 25 Aupuni Street. Suite 103 . Hilo, Hawai'i 96720 (808) 981-8394 . Fax (808) 981-2037 August 31, 2009 TO: BJ LEITHEAD TODD, PLANNING DIRECTOR FROM: DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09-000 1 02) SPECIAL MANAGEMENT AREA (SMA) USE PERMIT (SMA 09-000035) APPLICANT: AMERICAN TRADING CO., LTD. REQUEST: ML-20 to MCX-20 TAX MAP KEY: 2-2-32:24 In regards to the above-mentioned Change of Zone application :.md Special Management Area Use permit, 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 ~)hall 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 waH of the first story is located more than 150 feet from fire department vehicle access as mr::asured 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 maYbe 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). Hawai'i Counh} is an Equal Opportunity Provider and Empl;~~~.'O 5 6 '" ~I __"~"'_'M.."_''''''._'''_~'_ Planning Dept. Exh i bit t" ) .) BJ Leithead Todd August 31, 2009 Page 2 "3. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire-fighting or rescue operations would not be impaired. "More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high-piled combustible storage, see Section 81.109. "(c) Width. The unobstructed width of a fire apparatus access road shall meet the requirements of the appropriate county jurisdiction. "(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. "EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. "(e) Permissible Modifications. Vertical clearances or widths required by this section may be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. "(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all- weather driving capabilities." (20 tons) "(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. "(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections' of the Building Code and using designed live loading sufficient to carry the imposed loads of fire apparatus. "0) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15%) ) BJ Leithead Todd August 31, 2009 Page 3 "(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. "(1) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identifY such roads and prohibit the obstruction thereof or both." Water supply shall be in accordance with UFC Section 1O.30l(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. ~d1'~ DARRYL OLIVEIRA Fire Chief GA:lpc ') ') Harry S. Kubojiri Police Chief William P. Kenoi Mayor County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street . Hilo, Hawaii 96720-3998 (808) 935-3311 . Fax (808) 961-8865 Paul K. Ferreira Deputy Police Chief August 14,2009 FROM BJ ~~lHEAD TO)1D, PLANNING DIRECTOR ~~~~~'JbO,~~~'I'~TANT POLICE CHIEF AREA I OPERATIONS TO SUBJECT: CHANGE OF ZONE APPLICATION (REZ09-000102) SMA USE PERMIT (SMA 09-000035) APPLICANT: AMERICAN TRADING CO., LTD. REQUEST: ML-20 to MCX20 TAX MAP KEY: 2-2-32:24 Staff, upon reviewing the provided documents and visiting the proposed site, does not anticipate any significant impact to traffic and/or other public safety concerns. Thank you for allowing us to comment. If you have any questions or concerns, please contact Captain Kenneth Vieira of our S. Hilo Patrol Division at 961-2214. KV:lli Planning Dept. Exhibit E 055 50g 3 ". . .--.-. "-_.'-~'-'-".~. "Hawai'i County is an Equal Opportunity Provider and Employer" .) William Kenoi Mayor Lono A. Tyson Director Ivan M. Torigoe Deoutv Director (tlnuuflJ lIf~afuai~i DEP ARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street. Hilo, Hawai'i 96720 (808) 961-8083 . Fax (808) 961-8086 http://co.hawaii.hi.us/directorv/dir en vmng. htm MEMORANDUM Date August 10, 2009 To BJ LEITHEAD TODD, Planning Director From: LONO A. TYSON, Director Subject: Change of Zone Application (REZ 09-000102) Special Management Area (SMA) Use Permit (SMA 09-000035) Applicant: American Trading Co., Ltd. Request: ML-20 to MCX-20 TMK: 2-2-32:24 /( We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: WASTEWATER COMMENTS: ( ) Din comments ( /( Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii County Code. Complete D.E.M. Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. ) Other: SOLID WASTE COMMENTS: ( ) No comments ()(;) Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. (~ Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. ( ~ Ample and equal room should be provided for rubbish and recycling. (~) 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><l;) Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. ~update -to the department on current status. ( ) Other: County of Hawai'j is an Equal Opportunity Provider and Employer. Planni~ Dept. Exhibit 6 cc: SWD, WWD .') ) William P. Kenoi Mayor , Lono A, Tyson Director Ivan Torigoe Deputy Director (!1ouuflJ of ~afuati DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street . Hilo, Hawai'i 96720 (808) 961-8083 . Fax (808) 961-8086 http://co.hawaii.hi.us/directory /dir envrnng.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); S. 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 ofl-lawai'j is an Equal Opportunity Provider and Employer. Solid Waste Managemei tan 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: ~ A.T~f Lono A. Tyson DIRECTOR County ofHawai'i is an Equal Opportunity Provider and Employer. ) ') LINDA LINGLE GOVERNOR OF HAW All LAURA H. TillELEN CHAIRPERSON BOARD OF LM'D AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT RUSSELL Y. TSUJI FIRST DEPUTY KEN C. KAWAHARA DEPUlY DIRECTOR - WATER STATE HISTORIC PRESERVATION DIVISION 601 KAMOKlLA BOULEVARD, ROOM 555 KAPOLEI, HAWAII 96707 AQUATIC RESOURCES BOATING AND OCEAN RECREA nON BUREAU OF CO!\'VEY ANCES COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION AND COASTAL LANDS CONSERVATION AND RESOURCES ENFORCEMENT ENGINEERING FORES1RY AND WILDLIFE mSTORlC PRESERV AnON KAHOOLAWE ISLAND RESERVE COMMISSION LAND STAn: PARKS STATE OF HAWAlI DEPARTMENT OF LAND AND NATURAL RESOURCES August 13,2009 Sidney M. Fuke, Planning Consultant 100 Pauahi Street, Suite 212 Hilo, Hawaii 96720 LOG NO: 2009.2549 DOC NO: 0908MD22 Archaeology Dear Mr. Fuke: SUBJECT: Chapter 6E-42 Historic Pr'eservation Review - Request for "No Effect" for the American Trading Co., Inc. Waiakea Ahupua'a, South HHo District, Island of Hawaii TMK: (3) 2-2-032:024 Thank you for the opportunity to comment on the aforementioned project, which we received on July 29, 2009, We determine that no historic properties will be affected by this project because: o Intensive cultivation has altered the land ~ Residential development has altered the land ~ Previous grubbing/grading has altered the land o An accepted archaeological inventory survey (AIS) found no historic properties o SHPD previously reviewed this project and mitigation has been completed o . Other: In the event that historic resources, including human skeletal remains, cultural materials, lava tubes, and lava blisters/bubbles are identified during the construction activities, all work needs to cease in the immediate vicinity of the find, the find needs to be protected from additional disturbance, and the State Historic Preservation Division, Hawaii Island Section, needs to be contacted immediately at (808) 933- 7653. If you have questions about this letter please contact Morgan Davis at (808) 933-7650. Aloha, ~a /J1Jq~ Nancy McMahon, Deputy SHPO/State Archaeologist and Historic Preservation Manager State Historic Preservation Division Planning Dept. Exhibit 7 ~.t , \ c':",,; ~.:: LA URA H. THIELEN CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT L1NDA'L1'N#LE GOVERNOR 'oj HAWAII STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU, HAW All 96809 September 1, 2009 County of Hawaii Planning Department 101 Pauahi Street Suite 3 Hilo, Hawaii 96720 Attention: Mr. Norman Hayashi Ladies and Gentlemen: Subject: Change of Zone Application (REZ 09-000102) 1, I\,,\t ';." ' ( Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources' (DLNR), Land Division distributed or made available a copy of your report pertaining to the subject matter to DLNR Divisions for their review and comment. Other than the comments from Land Division-Hawaii District, the Department of Land and Natural Resources has no other comments to offer on the subject matter. Historic Preservation will be submitting comments through a separate letter. Should you have any qUestions, please feel free to call our office at 587-0433. TharJc 3/0U. Sincerely, f)1tl~Q, U~ ~Morris M, Atta () Administrator SCA,NNED Planning Dept. Exhibit $ ('[n n ') 1nlrll: ~r '.'., ' H~ _~.~J_"~~~~"._,"_. '\ luU~ . STATE OF HAWAII I . DEPARTMENT OF LAND AND NATURAL RESOU~CES LAND PIVISION POST OFFICE BOX 62 I HONOLULU, HAWAlI 96809 LAURA H. THIELEN )CI-1AIRPERSON BOARD Or: LAND AND NATURA" :w.sOURCES C.. C r' l,~ \ \l t_~SsrONONWATER RESOURCE!vi:ANAGEIvf:ENT i\ '- '-' ", ,', i ,-,',,\ ~. ': \1 .~) \ t) r~,1 I... ,:- LINDA LINGLE GOVERNOR OF HA WAIl.... "and ond tv. .... 0\ _ . arVr~ Q.,0 Y-2 ::f! % '" c; Ii!- ;; o a: " 'I n' ")::\\J~O 2S t~ w j August lO, 2009 MEMORANDUM TO: DLNR Agencies: _Div. of Aquatic Resources _Div. of Boating & Ocean Recreation _Engineering Division _Div. of Forestry & Wildlife Div. of State Parks _Commission on Water Resource Management ,..--x--Gffict: of ConservatilnT&, Coastal Lands . -,~Land Division -Hawaii ~istrict -----------.-<) FROM: ~orris M. Atta /j/~t'VJ../ SUBJECT: U Change of Zone from ML-20 to MCX-20 LOCA nON: Hilo, Hawaii, TMK: (3) 2-2-32:24 APPLICANT: American Trading Co., Ltd. Transmitted for your review and comment on the above referenced document. We would appreciate your comments on this document. Please submit any comments by September l, 2009. If no response is received by this date, we will assume your agency has no comments. If you have any questions about this request, please contact my office at 587-0433. Thank you. Attachments ( ) ~vf We have no objections. We have no comments. Comments are attac ed. Signe Date: ) ') STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES HA WAn DISTRICT LAND OFFICE 75 Aupuni Street, Room 204 Hilo, Hawaii 96720 TEL: (808) 974-6203 FAX: (808) 974-6222 August 20, 2009 TO: Morris M. Atta, Administrator DLNR-Land Divis' n FROM: Gordon eit, Land Agent Hawaii District Land Office SUSPENSE DATE: September I, 2009 SUBJECT: Request for Comments, Change of Zone from ML-20 to MCX-20, American Trading Co., Ltd., Applicant, Waiakea, South Hilo, Hawaii, TMK: 3rd/2-2-32:24. HDLO staff has reviewed the applicant's request for a change of County of Hawaii zoning and has comments pertaining to the above-mentioned property. HDLO staff notes that when the adjacent State (TMK: 3rd/2-2-32:62) parcel was proposed for lease at public auction, restrictions were placed on left turns from Kamehameha Ave. due to potential traffic safety concerns. Staff is recommending additional studies include the safety impact on traffic turning left from Kamehameha Ave. onto Kalanikoa St. as a result of the increase in commercial activity from the zoning change. Thank you for the opportunity to provide comments on the proposed zoning change. 1 ) ". LINDA LINGLE GOVERNOR ",} CHIYOME L. FUKINO, M.D. Director of Health STATE OF HAWAII DEPARTMENT OF HEAL TH P.O. BOX 916 HiLa, HAWAII 96721-0916 MEMORANDUM DATE: August 18,2009 TO: BJ Leithead Todd Planning Director, County of Hawaii FROM: Newton Inouye tV- Acting District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 09-000102) Special Management Area (SMA) Use Permit (SMA 09-000035) Applicant: American Trading Co.; Ltd. Request: ML-20 to MCX-20 Tax Map Key: 2-2-32:24 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: hup:/ /hawaii. gov /health! environmental! env - p lanningllanduse/1anduse.html. Any comments specifically applicable to this project should be adhered to. The subject project is located within or near proximi'ty to the County sewer system. All wastewater generated shall be disposed into the County sewer system. WORDREZ 09-000 I 02/SMA 09-000035.at Planning Dept. Exhibit _~_ !SCANNED , Iw~i& 5 ~ ~a3 SidneyFuke, PIL \g Consultant ') 100 Pauahi Street, Suite 212' Hila, Hawaii 96720 Telephone (808) 969-1522' Fax: (808) 969-7996 E-mail: sidfuke@hawaiiantel.net . Planning' Variance' Zoning . Subdivision' Land Use Permits . Environmental Reports August 25, 2009 Ms. BJ Leithead Todd, Director Planning Department COUNTY OF HAW ArI 101 Pauahi Street Hilo, Hawai'i 96720 ~'" ... i ".J \ i"'1 ...r:: Dear Ms. Leithead Todd: Subject: Rezoning Application (REZ 09-000102) - American Trading Co., Ltd. Waiakea.South Hilo. HI. TMK: 2-2-032: 024 . Thank you for providing me with a copy of agency comments to date: In response to these comments, we note the following: a. The Police Department did not express any "significant impact to traffic and/or public safety concerns"; b. The State Del'artment of Land Natural Resources - Historic Preservation Division determined that "no historic properties will be affected by this project." A copy of this letter, dated August 13, 2009, is enclosed for your files; and c. The State Department of Health recommended that the project be connected to the County sewer line. This is the intent of the applicant. 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. s~~r~, L S~~~~~KE Planning Consultant Copy - Mr. Ernest Matsumura wi enclosures via email fSCANNEo-t I fJy:~ij ~1~b 7 I ~ --I '._...".._._,......-.:.:"oOe<r""'~_, ' . ,..~~"""'=..;:,.".-' Planning Dept. !Exhibit If) \ . i SidneyFuke, Plat'"lng Consultant 100 Pauahi Street, Suite 212' Hila, Hawaii 96720 Telephone: (808) 969-1522' Fax: (808) 969-7996 E-mail: sidfuke@hawaiiantel.net . Planning .Variance . Zoning . Subdivision. Land Use Permits . Environmental Reports (}6 September 8, 2009 Ms. BJ Leithead Todd, Director Planning Department COUNTY OF HAW AI'I 101 Pauahi Street Hilo, Hawai'i 96720 Dear Ms. Leithead Todd: Subject: Applications (REZ 09-000102) and (SMA 09-000035) American Trading Co., Ltd. Waiakea. South Hilo. ID. TMK: 2-2-032: 024 Thank you for providing me with a copy of agency comments to date. In response to these comments, we note the following: a. The Police Department noted that it "does not anticipate any significant traffic and/or public safety concerns"; b. The State Department of Land Natural Resources - Historic Preservation Division determined that "no historic properties will be affected" by the project due to the previous alteration on the property. A copy of this letter is enclosed; c. The Hawaii District Land Division of the DLNR noted additional left turn movements from Kamehameha Avenue into Kalanikoa Street. While that is an understandable comment, the applicant observes that, for the most part, northbound movements to this area (for example, from the Keaukaha area) come from Kanoelehua Avenue rather than Kamehameha Avenue. The applicant does not anticipate this to change. Having multiple accesses to this site should dilute the traffic impact. d. Relative to the County Department of Environmental Management's comments, please note that the site has already been developed and as such, construction waste would be rather minimal. In that event, any construction-related waste will be disposed offby the contractor at the authorized County landfill. If necessary, as is common for projects of this nature requiring a rezoning, a Solid Waste Management Plan can be prepared and submitted for the DEM's approval prior to issuance of a building permit or occupancy permit for any new improvements to the structures. The applicant also intends to connect to the County sewer system. --~","",,"""':--';:",<""~'_';>"""=-e;.,/...,.">O-c"'''-~.............~... r~T 'j'{;;,J 1i1-' D I , "\ " -'",-< ,. I t O',',ii't,) ~,,"~J~~ '0 6 'i)>-4!)ru "'--"-'""'~"'''''~'''~-'''''~'-_M__----J/ 1 ! I Ms. BJ Leithead Todd, Director September 8, 2009 Page 2 We trust that the above adequately responded to the comments. Ifnot or ifthere are further questions or comments, please feel free to contact me. Thank you very much. ~ffl~KE Planning Consultant Enclosure - DLNR-SHPD comments Copy - American Trading Co., Ltd. wi enclosures via email \ I, ) LINDA LINGLE GOVERi"1QR OF HAW All LAURA H, TIDELEN CHAIRPERSON BOARD OF LM'D AND NATURAl. RESOURCES COMMISSION ON WATER RESOURCE MANAGEM ENT RUSSELL Y. TSUJI FIRST DEPtTTY KEN C. KAWAHARA DEPUTY DIRECTOR - WATER STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES STATE HISTORIC PRESERVATION DIVISION 601 KAMOKILA BOULEVARD, ROOM 555 KAPOLEI, HAW All 96707 AQUATIC RESOURCES BOATING AND OCEAN RECREA nON BUREAU OF COl'NEY ANCES COMMISSION' ON WATER RESOURCE MANAGEMENT CONSERVATION AND COASTAL LA1\TDS CONSERVATION AND RESOURCES ENFORCEMENT ENGINEERfNG FORESTRY AND WILDLIFE HISTORIC PRESERVATION KAHOQLA WE ISLAND RESERVE COMMISSION LAND STATE PARKS August 13,2009 Sidney M. Fuke, Planning Consultant 1 00 Pauahi Street, Suite 212 Hila, Hawaii 96720 LOG NO: 2009.2549 DOC NO: 0908MD22 Archaeology Dear Mr. Fuke: SUBJECT: Chapter 6E-42 Historic Preservation Review - Request for "No Effect" for the American Trading Co., Inc. Waiakea Ahupua 'a, South Hi!o District, Island of Hawaii TMK: (3) 2-2-032:024 Thank you for the opportunity to comment on the aforementioned project, which we received on July 29, 2009. We determine that no historic properties will be affected by this project because: o Intensive cultivation has altered the land rg] Residential development has altered the land rg] Previous grubbing/grading has altered the land o Anaccepted archaeological inventory survey (AIS) found no historic properties o SHPD previously reviewed this project and mitigation has been completed o Other: In the event that historic resources, including human skeletal remains, cultural materials, lava tubes, and lava blisters/bubbles are identified during the construction activities, all work needs to cease in the immediate vicinity of the find, the find needs to be protected from additional disturbance, and the State Historic Preservation Division, Hawaii Island Section, needs to be contacted immediately at (808) 933- 7653. If you have questions about this letter please contact Morgan Davis at (808) 933-7650. Aloha, ~ L? /J;l%lakz~ Nancy McMahon, Deputy SHPO/State Archaeologist and Historic Preservation Manager State Historic Preservation Division l I I, I' J' ~ \ I I I .1 c' r) .....--~ . , ..( RATR,EZ.do9-9IlV09 . . '/,'t~;:-,.~i",\:",-,:,:",__ " ; "': ,_-_, ',,' . ",,' '", "__ "'-"'~',_:"_,_ __,_' ,,' @0NNrf:YQE HAw An PLANNINGI)EPARtM~ENt ' . .',,> , . '., 'RECOMMENDATION .. .' -', . f-", "., AMERICA:N,mRADINGC()., L TI>. '. . . , !CHA.NGE,OE~:zeNE;*p1iLIeATION (lrnZ09-102)., . ':,IIipdR:~~~~~tt~~ie~:)ot.the request ag~in~t the ~ideU~es ;f()f'gi;~t~rig~Cn~Ilge ~f ~one, tJie :PlafiIiiii'g!Y3tt~~tdi':i~<i~C6mmending thaiafavot.a~1e recomJri~n,J~ijrii. oft,b~Ch~n;g~. ~f , "'~ '_', :,:,':':'_,~::~'}:~.,'_i'.>~,:.':\,~~_~'~!':'_c:",'~'~',',};..,;":', ___' ,,_,'," ".',...'_;,.,~. :;_~,_,'_:':;.,":':,,^ _'__:>,,_,'_~' ___.,:,":, .' liori~ 're~~~~~,:,~~,t~,~~r~.~~t.9~be Cotinty,'C~)Un~iJ. "Sii1c~Jw!)i:re'cbmPl~pqa#~Il'i!) ~aqe., . , ivlth9uHl1ei~~~~~[Q~p~Qikte'!)tiriiopy; . theDlrector'r~~~ry~s'.th~: tig~t:t8 fI164ifY'a~dl9~' ~t~hws. . :T~~~iriro~*g~~i~~1~'~~~~'llP?R~aditional'i~fQrmaiion,l?ii~ellt~~,;:~t'~q€,ggbfi.~:~e~,f,i~~f 'this '. . favoFa})l~ :i~c6~~p(laHqn~'is';l5~ased on th~ foU9\ving flndi!lgs':, ,. ;, >:' .'. .' .', .. ...........?,,~.~~~~~~;i~:~~~in~~g~~~e~ft:9?F:e~~~:~f!~q~tr~w.~2~tp.. . . 1V1:(}X:li2""/' cr,/";,,,< "'~<5lIirlately 5Z45(t'square'teet:oflahd;:to~C()nvert,pottldns."of:t1ie'existihg , "waren'''' 't;etiiiiOtofl'ic'eAiridlor-',reUuFs' aces: 'l'lie~fa""'1i~a'ntmasAio'f 'lans to. .~~~~~~.::. lapdsG~tHOg~anCl\jpJ~ri~f. renovations: B~2ati:seWe prbpeft{is1'Jqc~t~d,iti :tbe Spe<;ial , M~m~g~ffi~nl>At~~;,s'p~cial Maha:geip~bt.Area"l:Js~' I>.~titllil:'~ppli~~ti6n'ha~1Je~tt'fileg' . ; '......_~"~...:,' ,-,...."',.., . ",',,;.>,'./:' -', _....,...>~, . .' "" ~ <'r "c': '0 f' ~ "::"-','.." .,.r'.,,;, ,.," -. : '-. L" . con~uFf,en(wii~ t4e~F~9~~st for the clwng~, of zone. ." , .: ,Jln~~tcl~M~'~nsiclefan area'fof;'~y.typeof?9!rin~(i~~lgnai:ioi); tli~:kppti~ao!e' ':" '_,.':_,'_;"d~~:<;_f:'::>,: ''.:'''':,-~''_>-~'':_':,::'''_'t., " "'0'_ ::,',\:':'.., ',:,"''.', '." ,,- """;:":__<""-"-':"" <"_: ._.: -'-,' ," '"" . . ~2~~i~Rg!~9J~s.:ap,d;~t~~hfros oqhe QeIiei~1 Pi{ln'Ji1u~tp~:a~~quateJyadclf;~~~ed:Jtis only .,._':,\>':_"<-t.<',_-:~,;,':_,,',.\:, _ ," "'"", ""'..,~'" ~-,.~;... '", _ '_. ,,"'~,,: '_ _, ,":..- lly;Q4Wi,~tiqij a' cQmpF~l,1ehsive polj~yana1y'~i~,appr9ach t4at~v{l14~tiori!)'.apd d~GisIqns . - :~ :", ':". ""-, " ',"~ _ ":-' '..~'.' ~ '-.!" .... ", - . "" .' .,. ',.' I ,,' '. . ,c~ :be.m~q~t()~e#.er;tim~, arid stage deyelopmerits to' achiyve' ,groWth d~terWIi1ed'. by the ,::':.,,:'0,":_,'<.:. "'" ,,_' ','_', ",' , _ ' , ',' . " , /;',_',' .'. '" .,,' _ " -' " GerieraJc.Rlanand related planning documents. The implications. of these' ~va:luationsand ;",',',\'i' . , '.', " ",., . ' ,.': ',', ..;, ~,':','; ..,. ;q~~i~,iBn~.'Jti~t~!:jiJ~9;R~~yQP~idered, ~stbey, may haye ~n iIIJ.p~St9q;,~imjl~1\~~eas in t,h~ ,,' ig~~~C"'.. ..... ........ ..' .'. . .' .... . "' " ',,:;Fb~'~!t~l1g~:(jfZone reque~t fro,lil-timit~d Indus~#~I~Q,009'~qq~re fe:~t ~. ,'~~',.",-~- .:'.:~.-,.'}:_;~:,"<,,:,..;" .... .'- ',.' .. -' ',':. '.'- .' -.' .:^ '. .(MP.Zmto"i~d9stn~'';Commercial Mixed 20,000 s9IIare f~,t:l(MCX,,;20) , , . "', :'-" ",.., .. ~".. :, ' . .' :' . .', will co~fo,..rot~,t~~goal~, policies and standards ofthe G~ne.raJPlan E~oriomic and' t-~~d V;~~.e~elJts.'tbe General plaQis intended tQ be uSed ,as a Poli~y ~ide fodbe , . , , . coor<iin~W<i grdWtl1.and development ()fall sectorsoftheCoUnty.. It sets forth goals, r . I f I I I I I I I ] ",,~ """''') q policies, stCl?,dards and courses of action to accommodate growth without cpngestibn,.to designate and preserve the lands needed for residential use, connnercial andvis,itor services, industry, agriclllture and open space, and to cOQrdina.te these uSeS with the County's s~rvice:and ,circulation systems. The overall goals, policies anq :standctrds, are set forth to physicallypla.nthe lands in the County in the .bestinterestofth~ island's , residetlts.Lai1dpsei~dtle of the principal focal pointsofp4bHccbncern a.nd polIcY. , . ' , , The Land Use jEI~W~tlt provides the primary basis for direGfdmtr61 and gliidance of . . .. '. - . . - . . publicly ~nd pl'iva.tely pWlled resource~. Th~requestconfofms to the'golUs, pqlicies and stand~rds,of the General Plan in ' thatth~PI'9P'Oseddevelbpmentwilihe"deveiopedin an are~Ulqeqt.iatelysetvedby' ' neces~ary seryi~es~u9h: as water,utjlitie~, Sewers and tfaIisp,ortatibn systeim;., The ' , . ',. . :. . ~ ".' .' '. - '.' .' , " propos~d>pr~je~t',a~sototifdrms to.tliet,and Use - Industrial'sub-element which,stat7s that. " "Indtisttiald~"elopwent~ijallbe lo~ated in,:ateas adeqmit~ly sewedby,transpotta.ti9n:, , " t,., -'. ;' .,! , ;utillti.esand bttietam~p:i~i~'s::" . - ", ",',,'" -._.",,, 0' -2- r . /' I /) ') In 2004, wlwn the adjacent Waia:kea Kai Shopping,Plaz(l r~q4ested a similar change of zone to MCX, a determination was made that theproperty,was in an area of transition between. commercial and industrhll uses, Theq..ltrent zoning of the subject property is ML and zoned as such since 1968. ,The MCX z9fiing would have a lesser impact to the 'surrounding area than the ML zoning. 'TheMeX~()rmi~ed industrial..commercial' z(mil'l~ dl~t!ict,was a4ded to the Zqning'Code in '19'9(j'a.ftyr the en(lctment()fthe GenerClJPlah:~1'lJ9~~. l'hepractice has be~n tOC8n~i<lerMCX"as. c()1\sistentwith the Industria1ci~s,i~itat~on on th,~GeneI"a! 'Phln, , rather th(ln the Medium)Jensity or High Density designations; ;becatis~ tneintent of the . Zoning Code arii~ndlJient seemed m6t~to allow somec6irtmerci~luseswitljin"li~ht indu~tri~l;~ areas,Tather t,han more "Hghtindustrial"iIl:cowmerci~taie~s.;r'4e,~C;X _'. .- _.. '-~,'- .,' ,. .'.' .- , ,. --, .' ... -;"- J '- .- \ _.- .- , .- ,_. --.. ..' . . Z()p.in~i c,~n '~.e' atirac$tl.Y,e tolandoWilets because it provide~:~:s~,M~W>>~t~~fQ~d~tra.nge of . " .. _.. .... _ ,::.. .. .. .. " .." ...., ': .... " ...." .:c _ _ ': .. .... _.. .. .. _ ........ .. _ ,~ _.. .. _" ,I,' ";'~".. ~ ',"" _ ._._ .. ,.::_.- ", ~_... ,- .- _: ',..: .-' .- " uses, tha,neiti~eF:th~ M'k or CN zones.> Commercial uses~oga~19wed;iJ,lQ~}th4tare '-, 'allowed,iri"1\i1cxiilc'ttiCle irldQQf amUSement an9 recreatlQil0(~cintie~ (llJ.d~b~rs'~J1d night~ltihs;.'.~~'~.al~6"~lOwS "a,ran~e'bfng~t.indu~tq~i:~s~~:~ll~h;;a~ '\Y~r~ljQ~ii~g". , . .\Vi~;Ut,i\!~([~iuii~ ilie~~~~aJ~t,tnejp{e tPatt~~r4~X~(5ij~Slloti14.~ iii IndustFiaJd.e~ignations, the applicant's reioning request c~ri bec:onsid~redconsistent witljtheGenentl'PlanLUPAQ fiJ,apgiven that the imtne4iatelY~~<ij,!c~ntprop~Ity is cUJ;'[~JitJy,;zo~~dN1~~., ,;p~~ Industl'ialLUPA.G desigriMi9ni$iril1n~<li~t~ly,~~tQssK\.1awa - ,-' ". . .. . '." ~ ,'" .. " '. ."; . .. -' ..' , . Stf~et; tMre is 'MG~z0ning across.' Kuaw~ Street,~d thePH~?S~'ofJhis zoning is to' expanq ~h.eranged;fc(>tI1mercial uses ,allowed within analf~a9Y existlngGo'mIIlerCial' '_' .. ," .. > .. " .-.,' .. ..' ... . _ ," ^;'f ;' :-.- ',-, . ~~' .;' "', . bliildlllg. It should 'not, involVe a significant change, in the present, character Of . - '. ~ppearance oft4eprgpertY or tbe general area. It is not adj~ce4t to~p:yh~Ines, bysiIl~$,seS~ or ot4~r u~es that would Se(,lJTI, incompatible witht~~.change, qfzop.e, The~tatei~(l!l~fUs~ design~tiori for the property .is'J.Jrb~Il:r Th~,lI,UQ Qqmmyhity. D~v~IQB1i1~i1d)lahi(c;~.J>), adopted in 1975, suggest~the reteijtion of.r~si(iehfiiiJllses in this are~~ Hdw~ver, thi~ area is tra~sitioning to commerci(ll a,riCl' lighf industrialu,ses. 'rhe , , advantage ofthi$area is its loc(ltiqn in close proximity to Water, air transportation terminals, harborfacilities and the residential populationofHl~o. The proposed chaqge -3- I i I I j I I, I ~-, I " I /) of zone would complement the existing industrial and coni.mercial'l,!-nduses that already- exist in this area and will provide for an orderly development of theare(l. The property is a n~latively level approximately 52,457..:squar~footparceI, the site of the Thy Word Ministries and other businesses located on the h()rtheasterncomer -of, , ,. -," . KuawaStreetandJ{ahiIiikoa Street. The Waiakea Kai Sh()ppifi~Ceriter is adjac~nt to the prqpel'tY to the eas.t; toW~.cls Higl}way' II. There are-twoStrUctuf~.sO,n the site; one/ , ap'pt()xiroMely~l ,989 :sqJ.iwe feetpreseh.tly used as awajeljoli~~ail~4housiAg thechuf<::h, . ,,_ ' ,";; '>,:~: ',", , ',-.". ,_ ", ",,' - <' " ':,: .:. - _' "t.,,:, war~~()us~'spac~, the ()flfGe oftlle Researyh' Corporatio~qf the,tTni~efslt)t of H(lwai' i, mtd'tl1eappUqanf's office; The approximately- 500sguare:f()ot. $niallefstru'cttirewas ' . - - , formef:lyus~clf()f pmrtting,' pufi~cllrrehtlY,vacan~. fheI>a:i19h$:4f~itis ,paved, and , l~nd$capirig f9Fmstheboijridary;~I()ng K~Iariikoa Street " '....,:_,:'_....,',.<-_._._,",.','>_::::~'>:.:..;\:,.,.":,::._c, ,'." .:.:';~:~.::_,_~,__ ,r;. ,_",.:.~_"', _,' __"/>,,,.,','>" . The,dosest residence is 'localed over %,of a milerrpIIltl1esite,heyond. Piibmi' , :. ..' . ,;' '.' - " '," ". '<~.;:~' :".~,'-,' , " ,,", ' " '"" '1-"" ""';" ',:.'~ ."~' , . " ',' ,~" '"'. . :::. Stt~et"T,9~{lre4'()f tpereqtiesri~:'m()te)li,shf:industrial and'~~hefa190,mme~Gial Iv. nature" . .. J1he1$ijtT~;111fidih~, Jaii~4~'e~,. \jisiRil'i~xifl;rld'a~tessib ility 9'ftni~'sit~)malce :it;I1l()r~attf~ctiYe, f9.t!rh()f~in~~n:$i0e,-C9mIrt~rsiJr;~rt~i:ii~pi"iild~strHil.''u~~s;'..,_i>>e,,~rQp(j:s~cl;Me*':20zoqing., '_', _.,..:,,", ,'.:..,-' "",..-.'_",' ,-,:_"","':',-';"'\'-":':~':",:y,":':':~"l<::'':"-~"<_"~".~'.' " .,' ... ''','',',->'''::!:'_'~'':'';.<:'-''~<''',_,'<_'.',:~':'':'.~:-, " ___., ,'", ',,<:'-,' .,,"'" . would \make\t4e. .s.ite.IPore e(jp,tp~tiFWe'i~d' compatibl~_ M1t~h:tl1e;,surroupdin~ land;'l!ses\ . ' the;}and uses intheirnrhedia,te'area are arriix ofcomrnereialaridindustri&lllses; .' , . ' , . ' .' ,; . . , , . Milo IhtertJ.afi()J1~1 AiJ)).Qrt i~zoned;~'-20IWd locatede~~~~~)lith~~stOfthe property. - . ,Cornmer.cial.and/-or Ingu~triaI':u~'es-n~~by;include w~e~o4,~fi1~..aviatipn tel(lted \lses,:ancl' :pffjce:bu'ildings.A:Volv0 d~alef~fiip'i$locat~d' adjacent.,tQtfu~PfQP~:rtyto tl1eeast an&', , -. zoned' c~ '-10. . Ken's IIptl$e' of'~im9:aic~s Is l()c~ted. diagOllMI,y':of,the;property tathe P9Hh' ,- " " _ "_'d . ,', _ '._ "', ._..,,~:' <:_':\ ,<, . _ _ ." ,"<.,:,' ,,"_ _,'.'-~,:, _' _ _' '_-'-_"::<--.;'~ andzonedON~lO. The propertY:to"the east is.zoned'MCX~20" sitepfJheWaiake~.I(~i 'Shopping Plaza. The Property ac;ro~s ,Kuawa Street to tl}e::sO\ltl1 isz,Qpea MCX:'2Qantlis vacaIit.pr.Qperties to the sQuthwest are zoned ML-20, siteQf~stoi,age facility. ^ b.ai and ; - " . -, .', '- .. - . . " ~ . .,' . , ":. ;.;,:.,;.:- -", . . acomIIletCiat'cotnplex is located southeast. of the site andzohedMCX.;.20. ,-," . ''<,.;.-..' ....,.'., .:_;" ..'!" '..'... ,':" '", " -.:" . _ -::,.,_. ",,- _ ,- ", . l>'.,,- . '-. -, : " '. . -. .' . ;. . ~ ^U:l1tilit1~$3nd 's~.rVicesa.re aVi{ilalJle. to tile sjtel'A~~e.ss,tOthe projectsit~ is .. ,." ,- -, .',', >" '- ,'.: ,', .' , ' .. , pfoposedtr6~J(ua\va Stre,et, aCounty r.oad with aright"or""w~Y'()f6Q-H~et with a Cllrb, .. ~ttefandsi4ewalk.sectionfrontiIig the.propeity. CurreIltly, there ar~ two full-movelJlep.t a~cesses to the site, one from the northern end ofKalanikoa Stn~et and the other on t4e western end of Kuawa Street. There is also an ingress-only access along the eastern end ~I .4- I - I ",. ..- ."', r ) of Kuawa Street. Kuawa Street has a right-of-way of 60 feet, with curl), gutter,cmd sidewalk fronting the parcel. Kalanikoa Street has a right-of.;,wayof60 fe~t, but no curb, .' . . '. - ! gutter and, sidewalk along this section of the street. There is a 4-way stop OIl the intersection ofKuaWa Street andKalanikoa Stre.et. The Depciftrtient of Public Works states that the existing driveway along I(uawa Stri~etis located tooClos~ {approximately 20 feet)from the intetseCfioI1ofI<.tiawaand KialahiRoa' Stte~t.'. As. such, l)pW re.comniends the existing' dFiv~w~Ybere~()~ed and . . . _ 'l -:. '. _ rep'lac~~)\fith C~Il9f{~te curb. and sidewalk ill confomiance withbhapt~t,~Z,ofi.h~'Hawai'i County.Code,'\yhicl1feqUjreS a minimulIldistance of 75 feet from th~ illt~t;secti()n. A conditic)Ii. ofappr<?valWilrbead,de~Ito reflect the DPW's rec9mtrte~datiph. . Couijty;w#e.risayailable'tcH}Ie site. T}Ie property i~'c6nnect~d to the~o~inty' ',"':: :", ,.....-...'0...:.. ,: , ,,:,""__, ,', " , ',', _ ;'>__<"; '_>',';"~,':",:<"". ",__:,.,t_".. _.,' sewer!ine: IffeQ9irea;ciSolid W~steMaIlCl;geme.utPlanwilr;.be.pf.€fpareq.. Electricity ~rrg . . teleph()lle,seryice:~ClfeavailableJoth~site;' ...... ....,. <" '-Fl;1e'pFdp.~rt:Y; ha~~n<jseyerejgeoIQgi~ahor' topogbiphical prol:,Iems. wniql!cannc,tbe. , :' "_, ,":, .:,", _~<.:, ::'" _':'_:""j~' ,:-'e"': ,'I":::~n'~ '. " , ,_ :;: , <:' _ ",",' "_~" :", ,'_: _ . ", ,,_.. , ' ,'_, :": '.': - ,'--"" "'.' ",'_ ";"',:;': ::< :,:, -':.~::_',',,,'.' ".,),'::';--<< rec~lfi,ea()r;WAi~h.wg!Jldf.eiid~r tliel~I1dlinu,s~ble. The,project$it~<rs.lQ_~~teawithin ". ., . " ','.':'-' ,~:,:~-,,--,-:,": ,'-~',:;""'- ,.'....- ' , -,':~}', -',::":,, "'., , ,,-'.,.",'-', '."-;',-:.:~, ...._"_.,,'~-,.--\._~...,.\.:-::.I ZQne "!~Ij' ai.ea':q~terynrne4 top~ outside.t1it;l;$00-ye~ floQQpla.;lIl;; ,A~tf1~:site is already . fullydevelopt{d, . noptofessional surveys were conducted of the'~lte. BQw~ver,the appli~anth~s, statefl.!I1a.fishQuld .any. ar~ha~ol()gi~al fe~tures or. sHe,s bedi!icovere4 durii}g , tbeAd~"~JQPIrte,I1tQf,fh;!~:project, wOfk wiI,i immediately ceal?e aJ1~ the applicarttWi.l~noiifY . ",' .' - ' .' '. ' . .tl1e!;EH.ifiti!Qg,t>~pc4t~ertt 13Y l~tter. elated' July 23, 2009, tbe~Rplicam requ.~~ted:aJ~t{er of no ettectfrQI~l!lle'])~Pat,ttri~Ilt 6fLan9~nd Natural Re~dllf;c.es'Histoiif :pi~~etva.ti(m' Division. No profe.s,$ionalflora or fauna surveys were condllcted6fthe site.Ho'W~ver,as . . . . . the site is'fully, deyelop~d~ no rare or endangered .floral orfaun~lresQufc~sarelikeJy to he fQHw~qntll,e~iiei ''Thepro'perty islocat~d in .an urban ~ettiJ:lg;,~cij~s~~H~ th~aiji:Pqrt ,,-: ' .' ," .--! ..'." '. ',' - ',.' aIlcIav~aH()hr~l~t~Huses, as well as COl1ifuetCi~land indlistr1~iAis~~: ,. 'Fhereg~(!stis not contrary to ChaMer 205A, Ha~aii Reyised Statues, . . relati~g t~(J~~st~I<~()ne Management.. The property is 'located in the Sped,!l Management Area. Thus, the applicant is requesting the concuirent prO'cessing ofa Special M~:magemenf Area Us.e Permit application. The project site is located. -5- I - 1 I "'J ') appr0x:irn~telYlo~eII1il~ from the shoreline and will not be impacte,dby coast~!,ha.7'ard and,beacl1~rosion. There is no record of a designated publiC access to the shoreline or mo:unta:inareas t~at trav~rses the property. Accordingto~theapp~icant,novalued' cultural, histl:>rical ornatllral resources exist on the propertie,s and there is Iloe.vidence of , ' allY tra(jjtiqnalaIldcustornary Native Hawaiian rights being 'practiced onthe site, Thus, it ism0ta,t;iriCip~t~d,thatthe.,proposed request will have any adverse impact onculhiral'or liistOric~L&source'sjn the area. 'j; JJa~~~6nthea~ove findings, approval of this ch~pg~oizone fro~ a Lhriited . .. ".' ," . ". -',. .,' - . .f,- -', ,c', -" '-', " In~ustriaI2(),o.bO.s<I~arefeet ,~ML-20J to .an Industrial~~o#tn1erciatMixed 20,000.. sq9are feet (MPX:"ZO)~oned'district would result in~n"a.pptbpmateJand use ~pattetnthal , will furtllet;b,~nefiHhegei1eral ptibJk . . . '.' " " .' '; " " , T:hea:9c~'Ih~anYlng'draftbi11 to ainend'iSe~ti()Ii25~~~3'~';C2ity oiHil6 Z6heMapJ, " :':,",.<.....,:-:,>',' "',>",-,;'.-"< -'- ._,-.- -,~...,'<' .:",' ',""- '.' "',.. ,0ha,pt~r25'(~Qnii1g;i~<:>4e)0fthe.JIawaiiGQu,nty 'Code;.i.~i;p:rovid~d fOrYOllf. faiVQra,bl~; ~.. .'~. ,',- '."',' '.... '~,-,_ ,~- ',' . . ',' ",.',>, " I .: .,' ,.-, ,-' .'c6fl~1~~r~#p:tl:' .Pl~~S~{*9te~the'propb~~~;~rdlti(ms, of'aBBfo\ra.gattMh~4 Jotl,1~".gr~,Qnt , ,c ',..,," " ' "..' -. , ' ' - '~ _ "" " ,',.,' 7;'-' " _ . "'.', J: . ',_' ":',.' C',' ,", -6- I - .1 I 1 I ') .) COUNTY OF HAWAI'I STATE OF HAWAI'I ORDINANCE NO. BILL NO: (PIt,I? PI I )~~ /)r;y:rf) AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAW AI'I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM LIMITED INDUSTRIAL - 20,000 SQUARE FEET (ML-20) TO INDUSTRIAL-COMMERCIAL MIXED - 20,000 SQUARE FEET (MCX-20) AT W AIAKEA, SOUTH HILO, HAW AI'!, COVERED BY TAX MAP KEY: 2-2-032:024. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAW AI'!: 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, South Hilo, Hawai'i; shall be Industrial-Commercial Mixed - 20,000 square feet (MCX-20): Beginning at the s.outhwest comer of this parcel of land at the intersection of Kalanikoa and Kuawa Streets, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 1 ,684.91 feet north and 10,633.00 feet east and running by azimuths measured clockwise from true south: 1. 1800 00' 260.94 feet along Kalanikoa Street; 2. 2700 00' 201.03 feet along Government Land; 3. 3600 00' 260.94 feet along Lot 2 (remainder of Grant 11766: 1 to American Factors, Limite~); 4. 900 00' 201:03 feet along Kuawa Street to the point of beginning and containing an area of 52,457 . Sq. Ft. -1- I I I I i . ! ."\ , .) 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, Hawai'i 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 ofthe need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion ofthis 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 HAW AI'I , Hawai'i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: -2- ') -) N ~ ~ o OPEN KAMEHAMEHA AVE CN-tO CN- 0 C to CN to CN-tO LIMITED INDUSTRIAL - 20,000 SO FT (ML-20) TO INDUSTRIAL- COMMERCIAL OPEN MCX-20 MIXED - 20,000 SQ FT (MCX-20) CN-tO 52,457 SQUARE FEET ML-20 KUAWA ST w OPEN M -20 f- ~ U) ML-20 <( <( ~ ::> I z MC -20 w ....J <( W ....J 0 <( MCX-20 ~ z OPEN ML-20 ~ ML-20 ML-20 MCX-20 ML-20 ML-20 OPEN ML-20 ML-20 OPEN M -20 / ML 20 Feet 0 200 400 800 1,200 1,600 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OFTHE HAWAI'I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM LIMITED INDUSTRIAL - 20,000 SQUARE FEET (ML-20) TO INDUSTRIAL-COMMERCIAL MIXED - 20,000 SQUARE FEET (MCX-20) AT WAIAKEA, SOUTH HILO, HAWAI'I MAP PREPARED BY: COUNTY OF HAWAI'I, PLANNING DEPARTMENT TMK: 2-2-3224 DATE: JUly 30, 2009 ') ~') CBATSMAREZ.doc-9/21/09 AMERICAN TRADING CO., LTD. CHANGE OF ZONE APPLICATION (REZ 09-102) 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 prior to the issuance of Final Plan Approval for the construction of any new commercial structures. C. Conversion of the portions of the existing warehouse structure into office and/or retail spaces shall be completed within five (5) years from the effective date of this ordinance. Prior to conversion and/or construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. 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. D. The applicant shall provide improvements to the project's frontage along Kalanikoa Street consisting of, but not limited to, concrete curb, gutter and sidewalk, drainage improvements and any required utility relocation, meeting the approval of the Department of Public Works. Such improvements shall be completed prior to the issuance of a Certificate of Occupancy for any new commercial structure on the property. E. Access to the project shall meet with the approval ofthe Department of Public I i I i - I I I I I I I I ! ! K. L. ") ') F. Works. All driveway connections shall conform to Chapter 22 (County Streets) of the Hawaii County Code. Ifrequired by the Department of Public Works, the current driveway access from Kuawa Street shall be relocated. Install street lights and traffic control devices as may be required by the Traffic Division, Department of Public Works. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works. The recommended drainage improvements shall be constructed, meeting with the approval of the Department of Public Works, prior to the receipt of Final Plan Approval. 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. The project shall connect to the existing County sewerline prior to the issuance of a Certificate of Occupancy. 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. 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 archaeological clearance from DLNR-HPD when it finds that sufficient mitigation measures have been taken. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees G. H. 1. 1. -2- ~ ') ') Ordinance, M. The applicant shall comply with all County, State and Federal laws, rules, regulations and requirements. N. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 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. lfthe 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-