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Home My WebLink AboutCOM 0672.000 2008-2010 William P. Kenoi Mayor William T. Takaba Managing Director Wally Lau Deputy Managing Director County of Hawaj'j 891 Ululani Street . Hilo, Hawai'i 96720-3982 . (808) 961-8211 . Fax (808) 961-6553 KaNA: 75-5706 Kuakini Highway, Suite 103 . Kailua-Kona, Hawai'i 96740 (808) 329-5226 . Fax (808) 326-5663 December 18, 2009 Honorable J Yoshimoto, Chairman and Members of the County Council County ofHawai'i 25 Aupuni Street Hilo, HI 96720 (') On Ct"'1 6i~:~~ .-<,~.-., ~.) g c;..I;;) Cl rn C'? N .- ....... ::C} rr1 ,r-. 'C" :::r::> ::::3 -:-:;; .."'".....'~ Dear Chairman Yoshimoto and Members: vthange of Zone Application (REZ 09-000101) Applicant: Brian Sugai Request: A-I a to CN-20 Tax Map Key: 2-3-37:19 Change of Zone Application (REZ 09-000107) Applicant: Hawaii Brewery Development Co., Inc. Request: A-Sa to F A-2a Tax Map Key: 1-6-141:24 ,....;.a. .,..... rrl 'C-~ , ...,: ::::.::> I:::> 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. Sincerely, William P. Kenoi Mayor Enclosures cc: Planning Department < Bill \ '\<. ) Comm. No. ~ 1.:L Ret To:~fY~ Ref. Dota .IA~ 0 820m County of Hawai'i PLANNING COMMISSION AlIJllllli Cellter . ]0] Pauahi Street, Suite 3 . Hilo, I-Iawai'i 9IJ720 Phllllc (808) 961-82B8 . Fax (808) 961-8742 December 18, 2009 The Honorable J Yoshimoto, Chairman and Members of the County Council County ofHawai'i 25 Aupuni Street Hilo, HI 96720 n COO . .r") ..."., '" .c. i;"'C. ~:;~? ~ c::;;::. co t::l f'Tl CJ N --c J] rn (~~;~ Dear Chairman Yoshimoto and Council Members: :n ::3 ..' .- ~ -, .I-'<~"..; I i ~ I-I .......i ---- ~ a o Change of Zone Application (REZ 09-000101) Applicant: Brian Sugai Request: A-1a to CN-20 Tax Map Kev: 2-3-37:19 The Windward Planning Commission, after a duly held public hearing on December 4,2009, voted to recommend for your approval the proposed legislative bill for a Change of Zone from an Agricultural- 1 acre (A-1 a) to a Neighborhood Commercial- 20,000 square feet (CN-20) district for 1 acre ofland. The property is located along the east side of Komohana Street, approximately 700 feet south of the Komohana Street - Ponahawai Street intersection, Ponahawai, South Hilo, Hawai'i. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the requests: The applicant is requesting a change of zone from Agricultural-1 acre (A-1 a) to Neighborhood Commercial-20,000 square feet (CN-20). Although the eN zoned district allows a variety of commercial uses, the applicants current plans are to construct an approximately 20,000-square foot, two-story building which will contain his medical office and other offices for rent/lease on the ground floor and a residential unit on the second floor. The residential unit would be used by the applicant. The applicant currently leases office space at the nearby Ka Waena Lapaau Medical Complex under a lease agreement that expires in 2010. Construction will begin immediately upon approval of the change of zone, in order for the building to be completed prior to the expiration of the applicant's current lease. Construction of the development is anticipated to cost about $2 million. Parking and landscaping as required by the Zoning Code will be provided on- Hawai'i County is an Equal Opporfllnity Provider and Employer The Honorable J Yoshimoto, Chairman and Members of the County Council Page 2 site. If feasible in the future, the applicant would like to construct a second building for offices uses. The change of zone request from an A-la to a CN-20 zoned district conforms to applicable goals, policies and standards of the General Plan. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must .be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. 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 requested change of zone to a CN-20 district conforms to the LUP AG Map, which designates the property and its immediately surrounding area as Medium Density Urban. Such designation may allow neighborhood commercial uses, including office and retail uses. Several of the surrounding properties to the north, east and west are mainly vacant parcels that were formerly used for the cultivation of sugarcane. Since the closure of sugar plantations in the 1970's and 1980's these properties have remained in agricultural zoning but have not been used for agricultural purposes. The lands just mauka of Komohana Street and to the northeast along Ponahawai Street have recently been rezoned for commercial and residential uses. The property is identified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System as Existing Urban Development. Soils within the property and surrounding area are unclassified for agricultural productivity by the Land Study Bureau. Thus, the applicant's request is consistent with surrounding land uses and zoning. In the initial review of this application, the Planning Department believed that the request did not conform to the goals and standards of the Land Use and Transportation elements of the General Plan because allowing direct access to and from Komohana Street via a driveway, rather than a public road, for commercial development would reduce the efficient operation of Komohana Street as a limited-access secondary arterial roadway; and introducing high traffic volumes associated with commercial land uses may result in a hazardous situation as vehicles attempt to enter and exit Komohana Street, which is heavily congested at times. However, upon further review of this application and during recent discussions with the applicant, the Department has determined that with the placement of signage and a physical barrier to prohibit left-turns at the property driveway, the request will conform to the General Plan. The Department is The Honorable J Yoshimoto, Chairman and Members of the County Council Page 3 recommending the placement of "no left-turn" sign(s) and a physical barrier to prevent motorists from making left-turns to and from the property access. Preventing left-turn movements through use of a physical barrier will significantly reduce the potential for vehicle conflicts at the property driveway and will reduce vehicle delay on southbound Komohana Street that would occur ifleft-turn movements were allowed. In addition, a condition of approval will require submittal of a Traffic Impact Analysis Report (TIAR) ifthe applicant develops other land uses permitted in the Neighborhood Commercial zoned district that would generate significantly more traffic (over 50 peak hour trips) than the proposed development. The applicant will be responsible for constructing any improvements identified in the TIAR required by the DPW. The General Plan identifies the viewpoint on the hilltop overlooking Hilo Bay in the vicinity of the subject property as a site of natural beauty. Scenic views ofHilo Bay and the eastern shoreline towards Puna can be seen from the property. However, development of the property will not significantly reduce scenic views ofHilo Bay or the Puna shoreline from Komohana Street as existing views are intermittent due to tall vegetation on adjacent properties. Additionally, the Zoning Code limits the maximum building height in the CN-zoned district to 40 feet. A condition of approval will require that any structures on the property be designed and constructed in a way to minimize the obstruction of the intermittent scenic views ofHilo Bay and the Puna shoreline from Komohana Street. With implementation of the recommended conditions of approval, the Planning Department believes the request for commercial zoning will conform to the goals, policies and standards of the General Plan. All essential utilities and services are available to the site. Access to the property is via Komohana Street, a two-lane County owned roadway with a 25-foot pavement width within an 80-foot wide right-of-way. A 10-foot wide No Vehicular Access'Planting Screen Easement along the property's Komohana Street frontage was created when the property was originally subdivided. Therefore, access to the property is limited to a 30-foot wide road and utility easement (Easement RU-ll). The Department of Public Works (DPW) recommends that access to and from Komohana Streetbe limited to right-turn in and right-turn out movements only and thatthe applicant provide pavement widening with concrete curb, gutter, sidewalk, drainage, and utility relocation improvements to the property's Komohana Street frontage meeting with the approval of the DPW. These recommendations will be included as conditions of approval for the change of zone. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 4 The project site has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. A portion of the property adjacent to the Alenaio drainage channel is located in flood zone "AE" which is a special flood hazard area inundated by the I OO-year flood where base flood elevations have been determined. Conditions of approval will require that all development-generated runoff be disposed of on-site and not directed towards adjacent properties and that the applicant adhere to the requirements of Chapter 27, Floodplain Management, of the Hawai'i County Code for construction within the "AE" flood zone which specifies, among other things, minimum building elevation requirements. County water is available from an existing 12-inch waterline fronting the property along Komohana Street. The proposed request would require the installation of a reduced pressure type backflow prevention assembly within five feet of the existing meter. Conditions of approval will be included to address the Department of Water Supply's requirements. The property is currently not serviced by the County sewer system. The applicant proposes to dispose of wastewater by a septic system meeting the requirements of the Department of Health until the County sewer line is extended to the property. Solid waste will be disposed of by private contractor to the Hilo Landfill or other site designated by the Department of Environmental Management. According to HELCO, the existing electrical distribution system along Komohana Street is adequate to serve the , proposed development. The applicant will be required to install on-site distribution lines to provide electrical service within the property. Telephone services are available to the property. Police and fire services are available less than one mile from the property. The request is not contrary' to Chapter 205A, Hawai'i Revised Statutes, relating to the Coastal Zone Management Area. The subject property is located over one mile from the shoreline at an elevation of about 240 feet above sea level and is not in the Special Management Area. Therefore, the property will not be impacted by coastal hazards or affect beach erosion, coastal recreational resources, coastal ecosystems and marine resources. In a letter dated July 2, 2009 the DLNR State Historic Preservation Division (SHPD) determined that no historic properties will be affected by the proposed development because previous grading/grubbing and urbanization have altered the land. In view of the Hawai'i State Supreme Court's "PASH" and "Ka Pa 'akai 0 Ka 'Aina " decisions, the issue of native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices ofthe site: The Honorable J Yoshimoto, Chairman and Members of the County Council Page 5 . Investigation of valued resources: No formal archaeological reconnaissance survey, oral history ofkama'iiina accounts of the area, historical survey of documentary records, or botanical study was included in the application. . The valued cultural, historical, and natural resources found in the rezoning area: The property has been used for the cultivation of sugarcane in the past and was recently grubbed. According to the applicant, no valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the property. As such, it is anticipated that no cultural, historic or natural resources will be affected. In a letter dated July 2,2009, the DLNR-SHPD stated that no historic properties will be affected by the proposed development. . Possible adverse effect or impairment of valued resources: Native plants may be destroyed by ground alteration. There is no evidence that the flora in the area are particularly desired or used for cultural practices. . Feasible actions to protect native Hawaiian rights: As stated by the applicant, no gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. A condition of the change of zone will require that the applicant cease work and notify the SHPD should any unanticipated archaeological features or sites be uncovered during the course of development. Based on the above findings, the request to reclassify the property from an Agricultural - I-acre (A-l a) to a Neighborhood Commercial - 20,000-square foot (CN-20) zoned district would result in an appropriate land use pattern that would 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. , , . .'." The Honorable J Yoshimoto, Chairman and Members of the County Council Page 6 We are enclosing copies of the staff Background and Planning Director's Recommendation for your infonnation. Sincerely, Rell Woodward, Chairman Windward Planning Commission ~w Lsugai03wwpc Enclosures cc: Department of Public Works Department of Water Supply Department of Land & Natural Resources-HPD DOT-Highways, Honolulu Lincoln Ashida, Esq., Corporation Counsel BSugaiREZ,mjcc9/17/09 COUNTY OF HAW AI'I PLANNING DEPARTMENT BACKGROUND REPORT BRIAN T. SUGAI CHANGE OF ZONE APPLICATION (REZ 09-101) BRIAN T. SUGAI has submitted an application for a Change of Zone from Agricultural l.,.acre (A-l a) to Neighborhood Commercial-20,000 square feet(CN-20) for approximately 1.0 acre ofland. The property is located adjacent to theAlenaio drainage channel on the east side of Komohana Street approximately 700 feet south ofthe Komohana Street-Ponahawai Street intersection, Ponahawai, South Hilo, Hawai'i, TMK: 2-3-37:19. PROPOSED DEVELOPMENT 1. Request: Change of zone from A-la to CN-20 for 1 acre ofland: 2. Proposed Development: Dr. Sugai currently leases office space at the nearbyKa Waena Lapaau Medical Complex under a lease agreement that expires in 2010. Although the CN zoned district allows a variety of commercial uses, the applicants current plans are to construct an approximately 20,000-square foot, two-story building which will contain his medical office and other offices for rent/lease on the ground floor and a residential unit on the second floor. The residential unit would be used by the applicant. Construction will begin immediately upon approval of the change of zone, in order for the building to be completed prior to the expiratio~ of the applicant's current lease. Construction of the development is anticipated to cost about $2 million. Parking arid landscaping as required by the Zoning Code will be provided on-site. If feasible in the future, the applicant would like to construct a second building for offices uses. (Planning Department (P.D.) Exhibit 1 - Change of Zone application) 3. Landowner: Brian Sugai and Ning- Wang Sugai. STATE AND COUNTY PLANS 4. SLU Designation: Urban. 5. GP LUPAG Map: Medium Density Urban. 6. County Zoning: Agricultural-l acre (A-l a). -1- ATTACH: Ccmn. 672 Bill 196 7. Hilo Community Development Plan (CDP): The Hilo CDP, adopted as Planning Commission Resolution No.1 on May 21,1975, identifies the area as RS/RM/PUD. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 8. Subject Property: The property is located on the east side of Komohana Street just north of the Alenaio drainage channel. It is irregular in shape, slopes very slightly to the east, and is located at an elevation of about 240 feet. The property was formerly planted in sugar cane but has been graded and is currently vacant. 9. Surrounding Land Uses/Zoning: The nearest residential uses are located in the Komohana Heights subdivision just beyond the Alenaio drainage channel, south of the property. The adjacent properties to the north are vacant and zoned A-1a. Undeveloped lands to the west were rezoned in 2004 to Project District. To the east are vacant lands zoned A-1a and residential uses on land zoned RS-7.5. The Ka Waena Lapaau medical office complex is located at the northeastern comer of the Ponahawai Street - Komohana Street intersection on land zoned CN-20. Several ofthe nearby properties on the south side of Ponahawai Street makai of Komohana Street have been rezoned recently to RM-4, RM-5.5 and CN-20. 10: U .S.D.A. Soil Type: HOC, Hilo silty clay loam, 0 to 10 percent slopes. Permeability is rapid, runoff is slow, and the erosion hazard is slight. This soil type was used for sugarcane and small areas are used for truck crops, orchards and pasture. 11. ALISH: Existing Urban Development. 12. Land Study Bureau's Productivity Rating: Unclassified. 13. FIRM: A portion of the property is located in the "AE" flood zone, which is a special flood hazard area inundated by the 1 OO-year flood where base flood elevations have been determined. 14. Flora/Fauna Resources: No professional floral or faunal survey was prepared, as the property is an abandoned sugar cane cultivation area and has been recently grubbed. Vegetation on the property consists of California and Wainaku grass. None of these species are endangered plants. According to the applicant, due to the property's close proximity to urban areas it is not likely to have endangered faunal species but rather feral -2- cats, rats and mongoose likely utilize the area. 15. Archaeological/Cultural/Historical Resources: No archaeological inventory survey was prepared, as the property was previously used for sugar cane. Similarly, no valued cultural or historical resources exist on the site. No traditional and customary native Hawaiian rights are exercised on the site. By letter dated July 2,2009, the DLNR State Historic Preservation Division determined that no historic properties will be affected because previous grading/grubbing and urbanization have altered the land. 16. Public Access: There is no public access to the mountains or the shoreline that traverses the property. UTILITIES AND SERVICES 17. Access: Access to the property is via a 30-foot wide road and utility easement identified as "RU-11" from Komohana Street, which is a County owned roadway with a 25-foot pavement width within an 80-foot wide right-of-way fronting the property. A No Vehicular Access 10-foot wide Planting Screen Easement is identified along Komohana Street fronting the property. 18. Water: According to the Department of Water Supply, County water is available from an existing 12-inch waterline fronting the property within Komohana Street. 19. Wastewater: The property is currently not serviced by the County sewer system. Wastewater will be disposed by an individual wastewater system meeting the requirements of the Department of Health. 20. Solid Waste: There are no municipal waste collection services in the County. Allsolid waste generated by the development will require private disposal at the Hilo Landfill. 21. Utilities and Services: All essential utilities and services are available to the site. AGENCIES' COMMENTS 22. Department of Public Works: P.D. Exhibit 2 - September 2, 2009 memo 23. Department of Water Supply: P.D. Exhibit 3 - September 2, 2009 memo 24. Department of Environmental Management: P.D. Exhibit 4 - August 4, 2009 memo 25. Police Department: P.D. Exhibit 5 - August 14, 2009 memo 26. Fire Department: P.D. Exhibit 6 - August 7, 2009 memo -3- 27. HELCO: P.D. Exhibit 7 - August 27, 2009 letter 28. Department of Health: P.D. Exhibit 8 - August 13, 2009 memo 29. DLNR- Historic Preservation Division: P.D. Exhibit 9 - September 2, 2009 letter AGENCIES - NO COMMENT 30. Department of Land and Natural Resources Land Division AGENCIES - NO RESPONSE 31. Department of Transportation, Natural Resources Conservation Service. PUBLIC COMMENTS 32. None as of this writing. -4- CHANGE OF ZONE 1\.PPLICATIONoL' ","" <,'.-\ Co. no .-" 1" i .....' COUNTY OF HAW All PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: ,'6 'f" ,,~o.."^- "\, SV'-~o:." APPLICANT'S SIGNATURE: ~~ ~ ADDRESS: 1.0 '\ <::) ~ ~'^ 0-... ~o--~o--:" S ~ ~ "2-0-"\ 'A"",,,,) \\, "'-l..D \. ",--0 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST P~CIP AL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) <\ ~ S 'S S ~"\ (Res.).~ ~ C 0""\ \0 (Fax) '\?> 5 ,~o ~ LANDOWNER(S): ~ ~ '\.~~V"'. C"-"^'~ ~ ,..-"^~ ~er-.,:,~- S'^-Jc:..., LANDOWNER SIGNATURE(S): ~ ~ r ~ DATE: La \"i-.O \ '1-.CCl~ be by letter LANDOWNER(S) ADDRESS: to\. D '? C)""""o-.- ""'CA~o--\ s '\-) ~ -z...o '\ '00 \..0" \~ ~\.D"\ Go REQUEST: ~~(E ~. ') TO ~~ - 'LOd . xlsting zomng (Propose Zomng) TAX MAP KEY: l~) -z...--;,- c,-;.,- a'\~ \,.o~ \~-~-\. STREET ADDRESS OF PROPERTY: _~a' . - Vo ""'^o \""o-,^,~ S \V'~e-\- 'f- CY'-- '<( ~ '- C>- -.-; , \f- v,\', 0-. tS '-" \::. ~ "', .....n. ~ "0 v-- ,\\" \.l:> . \~ /: J SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: \ c;... c v-e..., AGENT: DATE: ~ \ l... () \ 'Loo ~ ADDRESS: TELEPHONE:(Bus.) (Res. ) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: COPIES: Planning Dept. Exhibit \ 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 ye~, please answer the rest of question I and then to questlon 3. a. How many acres of the requested area do you intend to subdivide? NO b. Into what lot sizes? NO 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? NO If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you nave no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? NO b. Sell or lease the land to someone who has tentative' plans? NO C. Sell or lease the land to someone who has no plans? NO d. Keep it? YES e. other (please state) f. If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. NA 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. OFFICE BUILDING 4. Have you performed any study which would demonstrate a need for your proposed building and/or development? NO if so, please elaborate on your findings in the space provided below. NO -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. NA 6. Are there any buildings on the subj ect area? NO If so, what kind? NA What do you intend to do with those buildings if your request is approved? NA 7. Is the subject land currently being used for any agricult~ral activity? if so, please list the kinds of products grown on and how many square feet or acres of land per product? NO NA -3- 8. To your knowledge, has there been any flooding and/or drainage problem on the subject area? If so, please describe the problem. NO 9. Do you think that the roads leading to the subject area needs improvement? NO If so, what kind? NA 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? -4- For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. NA 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 Signature: ~~ d-.. ~, Address: 75-170 HUALALAI RD. #BI05 Telephone: 808-935-5597 Date: 06/25/2009 -5- 6338A/SOA P. D. 5/84 Background and Environmental Report For the Application for a Rezoning Request from an Agriculture 1a to Commercial Neighborhood -20 TMK: 2-3-37:19 Ponahawai, South Hilo I. INTRODUCTION Dr and Mrs. Brian Sugai, owners of parcel TMK: 2-3-37:19, request a Change of Zone from an Agricultural 1 acre zoned district to a Commercial Neighborhood-20 Zoned district. Dr. Sugai presently leases office space in the Ka Waena Lapaau Medical Complex. At the termination of the lease agreement, Dr. Sugai would like to move his medical practice into his own office building, which he hopes to construct on the subject parcel. II. PROJECT LOCATION Parcel TMK: 2-3-37: 19, (hereinafter referred to as the subject parcel) is located on the makai side of Komohana Street approximately 490 feet south of the intersection with Ponahawai Street. It is adjacent to the County owned Alenaio Drainage Channel and consists of one acre (see location map). III. PROJECT DESCRIPTION a. Project concept and components: The applicant would like to develop a two story office and residential building which would house his office and other offices on the first floor, with a residential unit on the second floor. The doctor has practices both in Kona as well as Hilo, and would like to utilize the residential unit for himself. He intends to rent/lease the additional office space. If feasible, in the future, he would like to construct a second building to house other offices. Overall, the initial building would be.'approximately 20,000 square feet in size. (See site plan) b. Timetable: The applicant would like to begin construction as soon as possible, at minimum so that the building would be completed by the time his present lease expires. However, since his lease expires in 2010, it appears that at best, the applicant would commence construction immediately upon approval of the change of zone. The applicant anticipates that the construction cost would be approximately $2 million or more. c. Parking: As the building envelope is proposed to be located to the rear of the one acre lot, there is ample space for parking in front of the building. Parking as determined and required by the final construction drawing and plan approval will be provided. d. Traffic Impacts. Based on the applicant's existing practice, it is anticipated that approximately 50 trips per day would occur. At this time, trip generations for the remainder of the proposed building rentable space it is difficult to calculate since specific commercial uses have not been determined. As the proposed structure is below the minimum required through the concurrency sections of the code, a traffic study was not performed. e. On-site and off-site infrastructure: In addition to the necessary parking, driveway and water requirements, the applicant will provide for required on-site drainage and sewage requirements and off-site road/traffic related infra-structure such as curb, gutters, side walk, turn lanes and signage as required by the appropriate government agencies. IV. CONFORMANCE WITH ST ATE AND COUNTY PLANS a. State Land Use Designation: The subject parcel is situated with the State Land Use Urban District. The proposed Commercial Neighborhood Zone Designation is 'allowed within the Urban district designation and does not require a State Land Use Boundary Amendment. b. Chapter 205A, Coastal Zone Management: The proposed project would not be contrary to policies of the Coastal Zone Management as it would not interfere with public access to the shoreline, scenic and open space resources since it is at least a mile inland from the coast. It would provide additional view planes to scenic Hilo bay due to the elevation above Hilo.. c. County General Plan: Applicable goals and policies from the Land Use Element of the General Plan include: . Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. . Zone urban-types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. . Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. . Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. . Provide for commercial developments that maximize convenience to users. . Distribution of commercial areas shall meet the demands of neighborhood, community and regional needs. . To provide for multiple residential developments that maximizes convenience for its occupants. . Appropriately zoned lands shall be allocated as the demand for multiple residential dwellings increases. These areas shall be allocated with respect to places of employment, shopping facilities, educational, recreational and cultural facilities, and public facilities and utilities. . Encourage flexibility in the design of residential sites,. buildings and related facilities to achieve a diversity of socio-economic housing mix and innovative means of meeting the market requirements. The General Plan Land Use Allocation Guide Map (LUP AG) designates the site "Medium Density Urban". This designation allows for consideration of "Village and neighborhood commercial and residential and related functions (3-story commercial; residential up to 35 units per acre)." Thus the requested change of zone and projected uses are consistent with the LUP AG map designation and policies of the Land Use Element. d. Zoning: Although the subject parcel is within the State Land Use Urban District, it is nevertheless zoned Agricultural one-acre probably based on past usage as a sugar cane plantation in the area, and which has since been terminated in the early 1970's. The Agricultural Zone does not accommodate the proposed urban uses. e. Community Development Plans: The Hilo Community Development Plan, (Hilo CDP) adopted by the Planning Commission in 1975 designates the area for single family, multiple family and planned unit development uses. It suggests that the "Kukuau/Mohouli and Upper Ponahawai areas which are adjacent to or near the downtown should be rezoned for multi- family use." Thus the residential aspect ofthe proposed complex is consistent with the 1975 CDP, though the proposed office use is not. It should be noted that the CDP was adopted over thirty years ago under provisions of the original 1971 General Plan. Two revisions of the General Plan have since been adopted, in 1989 and 2005. Thus the Hilo CDP itself is not now quite consistent with the most recently adopted General Plan. The economic, population and settlement assumptions of the Hilo CDP have since changed. In fact the present surrounding land use reflect a slightly different pattern with commercial offices. As noted previously the proposed uses is consistent with the 2005 General Plan, which prevails, given the absence of an updated CDP. f. Special Management Area (SMA): The subject project site is outside the County's adopted Special Management Area. No permits are necessary under Rule 9 of the County Planning Commission relating to Special Management Areas. V. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA. a. Description of the subject property: As noted previously, the parcel is located on the makai side of Komohana Street near the southeastern corner of the intersection of that street with Ponahawai Street. The one- acre parcel takes its access directly off of Komohana Street and is located adjacent to the access to the County owned and improved Alenaio drainage channel. The parcel is vacant. Elevation is approximately 240 feet above sea level and slopes very slightly to the east. Median annual rainfall within the area is approximately 130 inches. b. Lava Hazard Zone: The United States Geological Survey classifies the Hilo area including the subject parcel as Lava Flow Hazard Zone 3, on a scale of ascending risk, Zones 9 -1, due to the city's location down slope and potentially subject to lava flows from Mauna Loa. c. Distance from the coastline: The parcel is slightly over a mile from the Hilo Bay coastline. d. Agricultural Lands of Importance in the State of Hawaii (ALISH) designation: As the site is located within an urban area, it is not designated as "important" according to this State Classification system. e. U.S.D.A. Natural Resources Conservation Services Soil Service Report: Soils ofthe project area are classified as Hilo silty clay loam, characterized as well drained; silty clay loams formed in a series of volcanic ash, giving it a banded appearance. They occur on gently sloping to steep slopes from sea level to 800 feet. f. Land Study Bureau soil rating: The Land Study Bureau Overall Master Productivity Rating identifies the area as Urban, unclassified. g. Flood Insurance Rate Map (FIRM) designation: An AE designation (Flood designated area with specified building elevation requirements) occurs on the southern side of the parcel (See site map). The northern side of the parcel is within Zone X, signifying areas that are outside a flood- designated area. h. Existing drainage ways or improvements: The AE designation is associated with the improved Alenaio Stream drainage channel along the south side of the subject parcel. This designation as it occurs on the subject parcel, indicates that proposed structures within the designated area, must observe a minimum elevations ranging from 234 to 243 feet. An improved driveway access to the drainage channel owned by the County of Hawaii is immediately outside the southern boundary of the subject parcel. Proposed revisions to the FIRM maps, being reviewed review by state and federal agencies show no AE designations on the subject parcel. (See exhibit A and B) 1. Air /Noise/Water: In general, the ambient air quality of the project area meets all federal and state standards as evidenced by its designation as an "attainment" area by the State Department of Health, Clean Air Branch. However, the windward area of Hawaii Island is subject to voggy conditions due to the Kilauea eruption during times of southeasterly winds. Existing noise levels are primarily caused by traffic along Komohana and Ponahawai Streets. It is not anticipated that the proposed residence and office use will have a significant adverse noise impact on residents to the south of the project as it is separated by the Alenaio drainage channel and would be limited to normal working hours. Water quality should not be impacted as Department of Health regulations requiring on-site containment and non pollution of outside water will be adhered to.. J. Historic and Cultural Resources: There are no archaeological, cultural or historic sites on the subject parcel as the area was extensively cultivated in sugar cane. Likewise cultural resources associated with traditional and customary native Hawaiian rights have not been identified in the project area. The Department of Land and Natural Resources issued a clearance \ \ \ 169.95' \ ____32'__~~1~------------\----------\ \ 14,L 10' ~\8S \ 1 \lAC \ APPROX. \ cP \ FLOOD \ iJ' ~ \'-l ,'-" ZONE \ ~~ \~ AE \ 0 \ ~ \ \~ \ ~ \ \ \ \ \ \ PilOT PLAN st: 1 j'=40'-O" ALL MEASUREMENTS APPROX. \ \ t .-: :::E l.I) UJ ...j i= 0' ::l c(1 ~~K Cl 0::: t 264.20' 180' 175.03' >- ~ ~ Ci2 --------- Cl r Il I : ;:::: I --4--------__ ::l 15' SET . I -~------ BACK Cl 0::: 144.18' 82' S9 j/O' 0' SET BAC \ \ \ \ \ \ ~ KOMOHANA STREET OWNERS: BRIAN & NING SUGAI TMK: (3) 2-3-037;019 ,)> .~ ~ o ~ :~ j vi '60 i - o ~ t:l ~ '" ~ <: ] -g .9 ~ ..... 'a ~ Q) ~~ Q) Q) .c ~- 11l" o t ~ ifr.1i o:::lll]!l ~ o ..J ~ -td ~ ~. ~ ~4f ..J ~ ~IV IJ.. ~ ~ ~D ~ ~~ ... 6~'0"" Ei ..'..1........ o ". o ......... N ..-., .f; 5~...... ~W " I.'; . :'" "'C ". Q) .~ \I) ,< ::J ,. Q) ~ ~ o +J +J o C V'l .- c{) -V ~ ~ W ~ o -.t' cXi 0'\ o o C'l --- \0 - --- \0 "'C c 10 Z- C o \I) Q) ~ai s... u ::J lij c..:=: one. .5: E +J 0 C U o Q) >- E s... 5 E.8 O 0 10 LL u:; I- s... on .~ Q) o ..- s... Z "'C s... Vl Q) 0 ~ :2 \I) fX: ~ 5 o s....- o e..!!! <( on U c Q) ._ "'C Q)- ..0 10 V'l on .- .!! 0.:::::: 10 10 E 'u I~ >.0 s... 10 C .- E == Q) s... a.. ~ LL. C ~ C ::J o U -.t' ..... o 07/30/2009 12:04 FAX ) 141001 LINDA LINGLE l:uVEltNuU OF H^ W^11 ". :-'~'~;;i,\'~ ';-t'i'<:1i?nl() 4".-" JU1~ 3 1 .i\ 1., tJ\I.J~~~~~;i:;:~~~~";;~:~; '~'._, r~ ,- ." ~ ImAlm OJllJ\r!.r.I'/'lNJ)N^'I1.Jl\^,Jt1r."nlJllt~l~ r'l:lMMI!-;SHlN IIN widl~It:'IIJJ~U1J!(Ci:'M;\N^61:Mrti-rlC,.J . KUSSl~i.j'.-V~~;i'~ll.fr ~~_;.H,~k1~j~~ LJ. J.',.~ ~'. "., J:lIt~.r l?I~I'ltl')~'~"',,,,,<<-,,,-__,,~,~,,__,_,,, ;':.i I/o ,",'1 , . ,;,;!..\'~'I"Gh;i! 1}~,Ij?l'(~I~~~~~}~~\ll}~ :~';. ~f:; :~.-}q c: ',...:< GJ Sl'ATE OF HAWAII DEPARTMEN"r OF lAND AND NATURAL RJi':SOURCES STATE HISTORIC PRESERVATION DIVISION 601 KAMOKlLA 8QULEVARJ). ROOM 555 KAPOLF.l, HAWAII 96707 '-"-~~""~~"'" I\O^Tr~?~~;~1~(I~I:~~~~I\~.ffliA.~;;~r~i't':; tI ~ tJ l~trRI!^IJ nl.: r"t'_lNVlty^j.fc:j!...{'(~r {:~ F.j)l ~Uj -f'-' (J.)MM(~l1ICJN liN W^'rllfl. Illl~[)Ultt:l~ MANACll:MEN'I' ("u~SI~t\V^TfON A:'-l" nlA.....j'^17i'J\NI1'(.l.'f."'~. ~ i"..t r:r)foi~jl~I(VA'J'I~)H NJI) RJr.;l1IJ~q~__I~l:f*i<I~r.H['_-i~,~ {~>/ IIUIIIl..'1I.=:;t~'~~~T~~,~ri\'I.1I~'I~/(tj ji ::.:.. ,;~ L 1 , - /' .I1l~rmllt:I'III"_wJJ~~'(19~___~_....___...,..,.."" _.. KAI-IUUI~~~,~ ISI ^~'~~I~I[I\VJ~ t'O~Mbl~IO~ JJi'~ STATf.I'MI\l-' ,~r; ',H f: "'..~ l{:?)ij~,:~);~!J r: ~;'~l, ~ F U L,;;' . ",...,."."..-.~.,.".9'''''''' .';:;~Ft~G.:ij~ July 2, 2009 "--~"";",~".-"'-, _"'_......a..,.._..~..._.._""'......._."-'.,lt, .......<~..._-_..-_,~~.. Dr. Brian Sugai c/o 670 Komohana Street Hilo, Hawaii 96720 ,,'17'..xt'(<<~"'~ "''';'-'''~''''';'''.~f''''!''''.-'~'.,",.t_~ LOG NO:. 2009.2488'~"",-. . DOC NO: 0907MD03 Archaeology Dear Dr. Sugai: SUBJECT: Chapter 6E-42 Historic Preservation Review - Request for Comment on a Change of Zone Application from Ag-lato CN20 Ponohawai .Ahupua' a, South Hilo District, Island of Hawaii TMK: (3) 2.3-037:019 Thank you fOf the opportunity to comment on the aforementioned project, which we received on June 26, 2009. We determine that no historic properties will be affected by this project because; o Intensive cultivation has altered theland , ~ Residential development/urbanization has alten3d'theland 1ZI Previous grubbinglgradinghas 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 ~ Other: SHPD previously commented on this project and determined no historic properties will be affected in 2002 and 2003. In the ~vcnt 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 SectJon, needs to be contacted immediately at (808) 933~ 7653. If you have questions about this letter p.lcase contact Morgan Davis at (808) 933-7650. Aloha, p k::;; Ua~ ~~h.e010~SI Hawaii Island Section, State Historic Preservation Division SCANNED AUG 0 3 2009 8X1504i DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILa, HAWAII "-...,, ~1: Cl? DATE: September 2,2009 ~ TO: BJ Leithead Todd, Planning Director ~ D~ent of Public Works FROM: SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09-000101) Applicant: Brian Sugai Request: A-1 a to CN-20 Tax Map Key: 2-3-37: 019 We have reviewed the subject application forwarded by your memo dated August 4, 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. A portion of the subject parcel is located within Flood Zone AE as designated on the Flood Insurance Rate Map (FIRM)bythe Federal Emergency Management Agency (FEMA). Flood Zone AE is the Special Flood Hazard Area inundated by the 1 aD-year flood where base flood elevations have been determined. Any construction within the designated flood zone shall comply with the requirements of Chapter 27, Floodplain Management, of the Hawaii County Code. Any earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. The Zoning Map (Ordinance No. 187) classifies Komohana Street as a secondary arterial with an existing right-of-way width of 80 feet. Access shall be through Road & Utility Easement "RU-11" and should be limited to right in and right out. Based on the proposed zoning, we recommend the applicant provide improvements to the subject property's entire Komohana Street frontage consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting the approval of the Department of Public Works. 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. 832T..,IJanning Dept. Exhibit L :~--=-~ I SCA\NNED -1 j ~)'FP n ? 7onr' i '~y,~~5 'Cl';t7 I ;~~N~~'~'~'!~~'t~'tr~'~':::~'~r;;::::===J County of Hawaii is an Equal Opportunity Provider and Emolover DEPARTMENT OF WATER SUPPLY · COUNTY OF HAWAI'I 345 KEKUANAO'A STREET, SUITE 20 . HILO, HAWAI'" 96720 TELEPHONE (808) 961-8050 . FAX (808) 961-8657 September 2, 2009 . TO: Ms. BJ Leithead Todd, Planning Director Planning Department , I y,,:,) ., i."..) FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09-000101) APPLICANT - BRIAN SUGAI REQUEST: A-1a TO CN-20 TAX MAP KEY 2-3-037:019 -,""""~ "_..,...l' VI We have reviewed the subject application and have the following comments and conditions. Water is available from an existing I2-inch waterline within Komohana Street fronting the subject parcel. There is an existing I-inch service lateral installed to the subject parcel, capable of accommodating a 5/R-inch meter, which is limited to a maximum daily usage of 600 gallons. The Department has no objection to the proposed application; however, prior to issuing a water commitment the applicant shall comply with the following conditions: 1. The Department requests that the applicant submit estimated maximum daily water usage calculations for review and approval. The water usage calculations shall be prepared by a professional engineer licensed in the State of Hawai'i and should include the estimated peak flow in gallons per minute (GPM) and the total estimated maximum daily water usage in gallons per day, including all irrigation/landscaping use. Upon acceptance of the water usage calculations, the Department will make a determination as to the water commitment deposit due, prevailing facilities charge (subject to change) to be paid, and any water system improvements required for water service. A larger or additional meter may be required if the water usage calculations show that the estimated demand will exceed the capacity of the existing service lateral. 2. The proposed zoning will require the installation of a reduced pressure type backflow prevention assembly, within five (5) feet of the existing meter on private property. If a larger or additional meter is required, a backflow prevention assembly will also be required for that meter. The installation of the backflow prevention assembly(s) must be inspected and approved by the Department before water service can be activated. 3. Please be informed that the existing I2-inch waterline fronting the parcel is adequate to provide 2,000 GPM of flow for fire protection as required per the Department's Water System Standards for the proposed type ofland use. Planning Dept.'. ... mter brinfj6 profjre66Exhibit 3 . The Department of Water Supply is an Equal Opportunity provider and employer. To file a complaint of discrimination, write: USDA, Direct~r, ~e Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW, Washington DC 20250-9410. Or call (202) 720-5964 (voi~ SCANNED SEP 0 3 2009 ,100 ."i,1>. \., :. Ms. BJ Leithead Todd, Planning Director Page 2 September 2, 2009 4. Subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary. Should there be any questions, you may contact Mr. Finn McCall of our Water Resources and Planning Branch at 961-8070, extension 255. FM:dfg copy - Mr. Brian Sugai Sincerely yours, t on D. Pavao, P.E. ger William Kenoi Mayor ~i :~ Lono A. Tyson Director ;~'7 Ivan M. Torigoe Deputv Director QInuuflJ lIf~afuai~i DEP ARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street · Hilo, Hawai'i 96720 (808) 961-8083 . Fax (808) 961-8086 htto:1 leD. Hawai' i.hi. us/directory/dir envmng. htm MEMORANDUM Date : August 4, 2009 To BJ LEITHEAD TODD, Planning Director From: LONO A. TYSON, Director 't-i Subject: Change of Zone Application (REZ 09-000101) Applicant: Brian Sugai Request: A-I a to CN-20 TMK: 2-3-37:19 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: 'R..~IL 16 c<MtJ'f.,e1'iI.{ ~lOW. W ASJEW A TER COMMENTS: ( ..-1' No comments ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawai'i County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawai'i 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 Hawai'i County Code. ( ) Other: SOLID WASTE COMMENTS: ( ) No comments Cx{) Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. (-X) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. (-~ ) Ample and equal room should be provided for rubbish and recycling. ("";I ) Green waste may be transported to the green waste sites located at the Kai1ua and Hilo transfer stations, or 'v other suitable diversion programs. (V) Construction and demolition waste is prohibited at all County Transfer Stations. (~ ) Submit Solid Waste Management Plan in accordance with a~ed ~~es. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the departrpent on current status. ( ) Other: cc: SWD, ~ Planning Dept. Exhibit Y &CAr~NED 05 5 9~~. By: County ofHawaj'j is an Equal Opportunity Provider and Employer. William P. Kenoi Mayor Lono A. Tyson Director Ivan Torigoe Deputy Director QIIlultflJ Ilf~afuzti~i DEP ARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street . Hila, Hawai' i 96720 (808) 961-8083' Fax (808) 961-8086 http://co.hawaii.hi.us/directory / dir envmng, 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 wasfe management plan for review by the Department of Environmental Management. REPORT The Solid Waste Management Plan will contain the following: 1. Description of the project and the potential waste it may be generating: i.e. analysis of anticipated waste volume and composition. This includes waste generated during the construction and operational or maintenance phases. Waste types shall include (but not be limited to): A. Organics (including food waste and green wastes); B. Construction and Demolition; C. Paper (including cardboard); D. Metal (including ferrous and non-ferrous metals); E. Plastic; F. Special (including ash, sludge, treated medical, bulky items, tires); G. Household Hazardous (including paint, vehicle fluids, oil, batteries); and H. Glass. 2. Indicate onsite source separation' facilities by waste type; i.e. source separation bins of glass, metal, plastic, cardboard, aluminum, etc. Provide ample and equal space for rubbish and recycling. 3. Identification and location of the proposed waste reduction, waste re-use, recycling facility or disposal site and associated transportation methods for the various components of the development's waste management system, including the number of County of Hawai'i is an Equal Opportunity Provider and Employer. Solid Waste Management Plan Guidelines Page 2 of 2 vehicle movements and associated routes that will be used to transport the waste and recycled materials. 4. The report will include identification of any impacts to County-operated waste management facilities, and the appropriate mitigation measures that will be implemented by the development to minimize these impacts. 5. Analysis will be based on the highest potential use or zoning of the development. REQUIREMENTS AND CONDITIONS 1. A solid waste management plan will be prepared for all commercial developments, as defined under the policies of the Department of Environmental Management, Solid Waste Division. 2. The Department of Environmental Management will require the developer to provide or resolve all recommendations and mitigation measures as outlined in the solid waste management plan; besides any conditions placed on the applicant herein. 3. A State of Hawaii licensed engineer will draft and certify in writing the solid waste management plan as complying with applicable Federal, State and County of Hawai'i solid waste laws, regulations, and administrative rules. Should you require additional information, please contact Michael Dworsky, P.E., Solid Waste Division Chief at 808-961-8515. CONCUR: ~ A.T~f- Lono A. Tyson DIRECTOR County ofHawai'j is an Equal Opportunity Provider and Employer. H: 07 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 ~~EA9 J?tP~, PLANNING DIRECTOR G~~~~~ISTANT POLICE CHIEF AREA I OPERATIONS TO SUBJECT: CHANGE OF ZONE APPLICATION: (REZ 09-000101) APPLICANT: BRIAN SUGAI REQUEST: A-1A TO CN-20 TAX MAP KEY: 2-3-37:19 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 the opportunity to comment. If you have any questions or concerns, please call Captain Kenneth Vieira of the s. Hilo Patrol Division at 961-2214. KV:lli ; '~"""~<"..Q""~""'=-""",==-,~"",-~.: ~C&N. N' ED '" ........ . _../J.. ~". ", _~ . __._J ; . j p" .'. ", " i ! nUh ) ('j lOUD, I 1 Z~yO 5'5"58 4 ~ ) -"--~.__ I '::-''''''''~~~''"'='==ll<<..='~",""O~~"..;::,;),~ "Hawai'i County is an Equal Opportunity Provider and Employer" Planning Dept. Exhibit 5 . ..,\ William P. Kenoi Mayor Darryl J. Oliveira Fire Chief Glen P. I. Honda Deputy Fire Chief (lCount!, of ~alt1ai'i HAWAII FIRE DEPARTMENT 25 Aupuni Street- Suite 103 - Hilo, Hawai'i 96720 (808) 981-8394 - Fax (808) 981-2037 August 7, 2009 TO: BJ LEITHEAD TODD, PLANNING DIRECTOR FROM: DARRYL OLIVEIRA, FIRE CHIEF \)1 ,-..J SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09-000101) APPLICANT: BRIAN SUGAI REQUEST: A-la to CN-20 TAX MAP KEY: 2-3-37:19 In regards to the above-mentioned Change of Zone application, the following shall be III accordance: . Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions oftrus section. "(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the buil<;ling. "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions oftrus section may be modifIed. "2. When access roadways cannot be installed due to topography, watenvays, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b). ''',,>0-: ~.. "~..,~.,..,..-,,,, - .~"-:.:,, ...,.,,.._:_., 1'''''=_._~" -'::r.'_~,,":'T. ~":;-__-...:r~...__....-------........._._.,.=-"....=-_~~",. I ~(0&N" ~Jl;r1\'!n,. ! ~ ~-.J '~~'----"' r-1\ '-" 1'~-. ~ i,~~! '- 1. iiUtii; 7(;~; M ! Hawai'i Counttj is an Equal Opportunity Provider and EmploJr. H)O"..~..~.~~"~_!._._.."_ Planning Dept. Exhih.it (P , -.-.1. BJ Leithead Todd August 7, 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 7, 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 10.301(c): "(c) Water Supply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed, in accordance with the respective county water requirements. There shall be provided, when required by the chief, on-site fire hydrants and mains capable of supplying the required fire flow. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. "The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207. OLIVEIRA Fire Chief GA:lpc Hawaii Electric Light Company, Inc. . PO Bax 1027 . Hila, HI 96721-1~i7 "";, , } .....~, (\ ~. , :;1 l'il .:Y n. 'i I j'/ -'-i. L ,/ l August27,2009 County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, HI 96720 Gentlemen: Subject: Change of Zone Application (REZ 09-000101) Applicant: Brian Sugai Request: A-1 a to CN-20 TMK: 2-3-037:019 South Hilo District, Hawaii County Thank you for the opportunity to review the subject project located in South Hilo. HELCa will be able to provide electrical service to the proposed development as described subject to detailed analysis to be performed after receipt of your consultant's detailed design drawings and estimated demand. 1. Generation Capacity - HELCO's current system peak load is 198,200 kWand our total generation system capability is 269,600 kW. Our, reserve margin is 36 percent and has adequate generation to serve the above. 2. Electrical Substation - The area is currently served by our existing 10.0 MVA Komohana electrical substation and a 12,470 volt distribution overhead system along Komohana Street. Based on the 1 OW/sf (office building) and 6.5W/sf (residence), the capacity of our existing substation is adequate to serve the estimated load of 165kW. 3. Off-Site Electrical Distribution System- The existing off-site 12,470 volt distribution system along Komohana Street is adequate to serve the proposed development. 4. On-Site Electrical System - On-site distribution line extensions and easements are required on the developer's property to serve the anticipated load. After the development's detailed electrical load calculations and civil plans are submitted, HELCa will design the electrical system and prepare a firm cost to provide electrical power to the development. Planning Dept. Exhibit 7 . SCANNED 1 I By: Aij ~ 5 z~~ 5 County of Hawaii Planning Department August 27, 2009 Page 2 of 2 HELCO recommends energy efficient and conservation measures to reduce the maximum electrical demand and energy consumption. The developer may call HELCO's Energy Services Manager, Curtis Beck, at (808) 969-0134 for questions or details on available programs. It is encouraged that the developer's electrical consultants open a service request with HELCO's Engineering Department as soon as practicable to ensure timely electrical facility installation. Should you have any questions, please contact Hal Kamigaki at (808) 969-0322. Sincerely, ... if~ W.~. Thomas W. Cummins, Manager Engineering Department TWC:SSO:cmk Attachment cc: S. Oshiro w/attach. H. Kamigaki w/attach. B. Maeda w/attach. t.:\ t {~, ,."".~ co t ~)f\h ~) ~) CHIYOME l. FUKINO, M.D. Director of Health STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: August 13, 2009 TO: BJ Leithead Todd Planning Director, County of Hawaii FROM: Newton Inouye ~ Acting District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 09-000101) Applicant: Brian Sugai Request: A-la to CN-20 Tax Map Key: 2-3-37:19 The applicant would need to meet the requirements of our Department of Health Air Pollution Rules, Chapter 60.1, Title 11, State of Hawaii for fugitive dust control. If there is need to discuss these requirements, please contact our Clean Air Branch staff at Ph. 933-0401. The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document on August 5, 2009. The CWB has reviewed the limited information contained in the subject document and offers the following comments: 1. The Army Corps of Engineers should be contacted at (808) 438-9258 for this project. Pursuant to Federal Water Pollution Control Act (commonly known as the "Clean Water Act" (CWA)), Paragraph 401(a)(I), a Section 401 Water Quality Certification (WQC) is required for "[a]ny applicant for Federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities, which may result in any discharge into the navigable waters...". The term "discharge" is defined in CW A, Subsections 502(16), 502(12), and 502(6); Title 40, Code of Federal Regulations, Section 122.2, and ,.-::>._--...~~ Hawaii Administrative Rules (HAR), Chapter 11-54. . S<=/\.Nl':iEI')- Planning Dept. I 0 5\~;6~~()9 I Exhibit ~ 1~,.~~2~~:=:~~:.:, '~=O""=_,:~j BJ Leithead Todd Page 2 of 4 August 13,2009 2. In accordance with HAR, Sections 11-55-04 and 11-55-34.05, the Director of Health may require the submittal of an individual permit application or a Notice ofIntent (NOI) for general permit coverage authorized under the National Pollutant Discharge Elimination System (NPDES). a. An application for an NPDES individual permit is to be submitted at least 180 days before the commencement of the respective activities. The NPDES application forms may also be picked up at our office or downloaded from our website at: http://www .hawaii. gov /heal th/ environmental/water/ cl eanwater/forms/indi v-index.html. b. An NOI to be covered by an NPDES general permit is to be submitted at least 30 days before the commencement of the respective activity. A separate NOI is needed for coverage under each NPDES general permit. The NOI forms may be picked up at our office or downloaded from our web site at: http://www .hawaii. gov /heal th/ environmental/water/ clean water/forms/ genl -index.htm!. 1. Storm water associated with industrial activities, as defined in Title 40, Code of Federal Regulations, Sections 122.26(b)(14)(i) through 122.26(b)(14)(ix) and 122.26(b)(14)(xi). [HAR, Chapter 11-55, Appendix B] 11. Construction activities, including clearing, grading, and excavation, that result in the disturbance of equal to or greater than one (1) acre oftotalland area. The total land area includes a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under a larger common plan of development or sale. An NPDES permit is required before the commencement of the construction activities. [HAR, Chapter 11-55, Appendix C] 111. Discharges of treated effluent from leaking underground storage tank remedial activities. [HAR, Chapter 11-55, Appendix D] IV. Discharges of once through cooling water less than one (1) million gallons per day. [HAR, Chapter 11-55, Appendix E] v. Discharges of hydro testing water. [HAR, Chapter 11-55, Appendix F] VI. Discharges of construction dewatering effluent. [HAR, Chapter 11-55, Appendix G] BJ Leithead Todd Page 3 of 4 August 13, 2009 Vll. Discharges of treated effluent from petroleum bulk stations and terminals. [HAR, Chapter 11-55, Appendix H] Vlll. Discharges of treated effluent from well drilling activities. [HAR, Chapter 11-55, Appendix I] IX. Discharges of treated effluent from recycled water distribution systems. [HAR, Chapter 11-55, Appendix J] x. Discharges of storm water froin a small municipal separate storm sewer system. [HAR, Chapter 11-55, Appendix K] Xl. Discharges of circulation water from decorative ponds or tanks. [HAR, Chapter 11-55, Appendix L] 2. In accordance with HAR, Section 11-55-38, the applicant for an NPDES permit is required to either submit a copy ofthe new NOI or NPDES permit application to the State Department of Land and Natural Resources, State Historic Preservation Division (SHPD), or demonstrate to the satisfaction of the DOH that tl1e project, activity, or site covered by the NOI or application has been or is being reviewed by SHPD. If applicable, please submit a copy of the request for review by SHPD or SHPD's determination letter for the project. 3. Any discharges related to project construction or operation activities, with or without a Section 401 WQC or NPDES permit coverage, shall comply with the applicable State Water Quality Standards as specified in HAR, Chapter 11-54. Hawaii Revised Statutes, Subsection 342D-50(a) requires that "[n]o person, including any public body, shall discharge any water pollutants into state waters, or cause or allow any water pollutant to enter state waters except in compliance with this chapter, rules adopted pursuant to this chapter, or a permit or variance issued by the director." If you have any questions, please contact Mr. Alec Wong, Supervisor of the Engineering Section, CWB, at (808) 586-4309. Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." 1. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. 2. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. BJ Leithead Todd Page 4 of4 August 13, 2009 3. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Should there be any questions on this matter, please contact the Department of Health at 933- 0917. We recommend that you review all of the Standard Comments on our website: http://hawaii . gov/health/ environmental/ env-planning/landuse/landuse.html. Any comments specifically applicable to this project should be adhered to. The use of individual wastewater systems is allowed. The type and number of individual wastewater systems to be used will be determined by the wastewater rules in effect at the time of building permit application. WORD:REZ 09-000101.at LAllllA II. Till EU;N CH^IRI'E~SON IjOi\J(l) 01' I../\:-:D AND NATUItAI..ItESOUIKES CO!'>lMl$SION ON \\'ATER Rr~"OURr;I! M,\N^(jI~MENT GOVERNOR-OF I'iAW^ll ..,..'F'i""""" ~ J !,)f,A. j: (J3 StlJ< -)~ . . -- , v(\d and Iv. 0" 'iJtvr ~ 1:1/ ~ ~ f ~ 8" @ IlUSSEJ.L Y. TSUJI fU{ST 1)E1'UTY KENC. KAWAil/\It.\ l)I:j'lJr\'-D1RI.:GrOR. w.....rEH STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES STATE H1STOR1C PRESERV ATION DIVISION 601 KAivlOKILA BOULEVARD, ROOM 555 KAPOLEI, HAWAII 96707 AOUATIC RESOURCES ]~OATINC;-,\;-..:iJOCE^N RECRE!',I'ION UUREAt! OF C{JNVE)'ANCES, COM~HSS'ON ON WATER RF...<;OURCI~ MAl"t\(iEMENT CONSERVAI10N AND C:OA<.,1"AI.I.I\.NDS CONSI:R\'^'nON'N"'lll{l~OURCES ENFORCEME/'fr E.."lCilNEER LNG FORESTr~Y ANDWIIJ)I.n:n IIISTORIC "RESERvATION' I-:AIIOOIJ\WE ISI.AND RESERvr~ COMI\lISSl0N I.....\NU ST^l1~ I',\RKS September 2, 2009 Bobby Jean Leithead-Todd, Planning Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawai'i 96720-4224 LOG NO: 2009.3288 DOC NO: 0909TD09 Archaeology Dear Ms. Leithead-Todd: SUBJECT: Chapter 6E-42 Historic Preservation Review - Change of Zone Application (REZ09-000l01) A-la to CN-20 Ponahawai Ahupua'a, South Hilo District, Island of Hawai'i TMK: (3) 2-3-27: 19 Thank you for requesting our comments regarding the subject application, which affects a one-acre parcel on Komohana Street. The purpose of the zoning change is to allow the owner to construct a medical office building, to be operated by the own~r, Dr. Brain Sugai. We have recently reviewed this application and sent a letter to Dr. Sugai dated July .2,.2009 (Log'2Q09.2488, I?Qc 0907MD03) with the information found below. .... . . We determine that no historic properties will be affected. by this project because: D No land alteration will occur in connection with thi,s application C8J Development/urbanization has altered the land . C8J Previous grubbing/grading has altered the land D SHPD previously reviewed this project and mitigation has been completed C8J Other: SHPD previously commented on this project in 2002 and 2003, and determined that no historic properties would be affected. In the event that historic resources, including human skeletal remains, lava tubes, and lava blisters/bubbles are identified during the activities, all work should cease in the immediate vicinity of the find, the find should be protected from additional disturbance, and the State Historic Preservation Division, Hawaii Island Section, should be contacted immediately. Please contact Theresa Donham at (808) 933-7653 if you have any questions or concerns regarding this letter. Aloha, . I 1L' /1./ tJ11' / ltVvlf. V~ , . I Theresa K. Donham, Lead Archaeologist Hawai'i Island Section State Historic Preservation Division ~~~.~,......,. Planning Dept. Exhibit~ SCANNED o 5tG 2tg~lJ BY:__------ --- \ \ \ RSugaiREZ-Denia1.mjc - 9/25/09 COUNTY OF HAW AI'I PLANNING DEPARTMENT RECOMMENDATION BRIAN '{. SUGAI CHANGE OF ZONE APPLICATION (REZ 09401) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that an unfavorable recommendation of this change of zone application be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. The unfavorable recommendation is based on the. following findings: The applicant requests a change of zone from Agricultural-l acre (A-l a) to Neighborhood Commercial-20,OOO square feet (CN-20) in order to construct an approximately 20,OOO-square foot, two-story building for a medical office and other offices for rent or lease on the ground floor and a residential unit on the second floor. The primary reasons for the unfavorable recommendation are: 1) approval of the change of zone request would aH~ direct ir;g~:ess and egress at the property's Komohana Street access for potentially high traffic voluni~'commercial uses on the property, which will reduce the functional efficiency of Komoh'.lJla Street as a limited access roadway, and 2) the proposed request conflicts with various goals, policies and standards of the Transportation, Land Use and Natural Beauty Elements of the General Plan. The change of zone request from an A-la to a CN-20 zoned district does not conform to applicable goals, policies and standards of the General Plan. 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 analyses approach that evaluations and decisions can be made to better time or stage developments to achieve quality growth. The implications of these evaluations and decisions must also be considered as they may have an impact on other similar areas in the County. The subject'iequest will not conform to the following goals and standardsoftheTransportation and Land Use Elements: 1 ' · Provide a system of roadways for the safe, efficient and comfortable movement of people and goods. · A Secondary Arterial is defined as a street of considerable continuity that is primarily a traffic artery between or through large areas which interconnects with and augments primary system. Designed as a limited access roadway. Secondary arterials shall have a minimum right-of-way of 80 feet. · Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. · Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. · The development of commercial facilities should be designed to fit into the locale with minimal intrusion while providing the desired services. Appropriate infrastructure and design concerns shall be incorporated into the review of such developments. The subject property contains one legal access onto Komohana Street via a 30- foot wide road and utility easement (Easement RU-ll). According to the Department of Public Works (DPW), Komohana Street is classified as a secondary arterial with a 25- foot pavement width within an 80-foot wide right-of-way fronting the property. A 10- foot wide No Vehicular Access Planting Screen Easement, created when the property was originally subdivided, runs along the property's Komohana Street frontage. Functional classification is the grouping of streets into classes (ex. arterial, collector, and local) according to the character of traffic service that they are intended to provide. According the General Plan Transportation Element standards, a secondary arterial roadway is designed as a limited access roadway which operates primarily as a traffic artery between or through large areas and interconnects with and augments the primary roadway system. Arterial roadways provide the fastest method of travel by limiting access from intersecting roadways and adjacent properties. With the exception of the nearby Ka Waena Lapaau medical complex, all existing commercial uses along Komohana Street have access via a minor road rather than a driveway. For example, the businesses just mauka ofHala'i Hill access Komohana Street via Puuhonu Place which is a minor road that intersects Komohana Street. Additionally, access into the Ka Waena Lapaau medical complex is restricted to one driveway on Ponahawai Street and one driveway at Komohana Street which is limited to egress only. Approval ofthe applicant's request would set a precedent by allowing direct access to and from Komohana Street via driveways for commercial development, which would reduce the functional efficiency of Komohana Street as a secondary arterial roadway. The subject property is not appropriate for commercial zoning because commercial land uses normally generate significantly higher traffic volumes than other land uses, such as agriculture. Should the change of zone request be approved a variety of other commercial uses that are permitted in the eN-zoned district could potentially be developed on the property. The DPW recommends that access to and from Komohana Street be limited to right-turn in and right-turn out movements only. However, introducing high traffic volumes associated with commercial land uses in this area may result in a hazardous situation as vehicles attempt to enter and exit Komohana Street, which is already a heavily congested roadway. Additional traffic in this area of Komohana Street cannot be supported at this time. Because the subject property does not have legal access to any roadways other than Komohana Street, there are no alternative access options that could be considered to accommodate the change of zone request but also maintain the functional classification and safe operation of Komohana Street. The subject request will also not conform to the following goals and standards of the Natural Beauty Element: · Protect scenic vistas and view planes from becoming obstructed. · Protect the views of areas endowed with natural beauty by carefully considering the effects of proposed construction during all land use reviews. The General Plan identifies the viewpoint on the hilltop overlooking Hilo Bay in the vicinity of the subject property as a site of natural beauty. Scenic views of Hilo Bay and the eastern shoreline towards Puna can be seen from the property. Development of the property has the potential to reduce intermittent scenic views ofHilo Bay and the Puna shoreline for motorists traveling along Komohana Street. Due to the subject property's access deficiencies and incompatibility of the request with the goals, policies and standards of the General Plan, the Planning Director does not support the change of zone as it would not result in a more appropriate land use pattern that will further the necessity, convenience and welfare of the public. The Director therefore recommends an unfavorable recommendation of the accompanying draft bill. " I COUNTY OF HAWAI'I STATE OF HAWAI'I BILL NO. ORDINANCE NO. 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 AGRICULTURAL - ONE ACRE (A-1 a) TO NEIGHBORHOOD COMMERCIAL - 20,000 SQUARE FEET (CN-20) AT PONARA W AI, SOUTH HILO, HAW ArI, COVERED BY TAX MAP KEY: 2-3-037:019. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAW AI'I: 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 Ponahawai, South Hilo, Hawai'i, shall be Neighborhood Commercia1- 20,000 square feet (CN-20): Beginning at a point at the southeast comer of this parcel ofland being also the southwest comer of Lot 13-B and at the easterly side of Komohana Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 1 ,995.29 feet South and 120.78 feet east and running by azimuths measured clockwise from true South: Thence, along the easterly side of Komohana Street along a curve to the right having a radius of 2,960.00 feet, the chord azimuth and distance being: 1. 1590 31 ' 41" 144.18 feet; 2. 2490 08' 264.20 feet along Lot 13-A-2; 3. 3350 03' 169.95 feet along Lot 13-A-2, to a point in the middle of Alenaio Stream; . -1- 4. 450 27' 85.73 feet along the middle of Alenaio Stream, being also Lot 20, Komohana Heights Subdivision; 5. 1350 27' 59.36 feet along Lot 13-B; 6. 700 54' 175.03 feet along Lot 13-B to the point of beginning and containing an area of 43,560 square feet. 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 of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAW AI'I , Hawai'i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: -2- q PD A-Io PD PD A-io lOT 13-A-1 AGRICULTURAL -1 ACRE (A-1a) TO NEIGHBORHOOD COMMERCIAl- 20,000 SQUARE FEET (CN-20) 43,560 SQ. FT. N ~ [\ o 150 300 600 900 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 AGRICULTURAL - ONE ACRE (A-1a) TO NEIGHBORHOOD COMMERCIAL - 20,000 SQUARE FEET (CN-20) AT PONAHAWAI, SOUTH HILO, HAWAIII TMK: 2-3-37:19 MAP PREPARED BY: COUNTY OF HAWAIII, PLANNING DEPARTMENT DATE: July 30, 2009 (Brian 1. Sugai Map 1271) EXHIBIT "A" I'.'~~ r J< Ii" ; ! j ~ ' i I i-::) ~) 'R~ugfiiREZo;i1j~ -;16126/09 ,:, ,i. I I I 1"", '. \' I',. , .,' . I',. ,;'. .. , . . ".al1~.Lr~lated pl'!nnilU~.d9~ljhients. . T-h6 irnp!ications9f these~~y1tluft'ti()I1S .a[ld qecisii;>n$, '" , ; ;"::"/::d " :':' ,"": ',e",,' , ,':,"'," '" . " ",',', i' , .' , ',' ',.., " '~{tst-oeaIsb con~i~~ft~~klS they may h~lV~a!1 lmpact on siin.'il~F ~reas i,J?JheCourit~. " -"c. , . SCA'Nl\tlffi.O 'NOYl 0 3 ZUUy Bv: '*' ! I 1 i I~ 1 ! , I i I I 1 j I i I /, I I J I i i I I, i I I I) \" >/' .~ '. The Lan~Hse :1>atternAl1ocatiol1 Guid~. (LtJPA@) M~p comppnerttofthe , -. - ",",.' , -".., .,' Gen~ralPlan.is a)r~Pfesentation ofth~, d.ocument 's goals anct pOl,icies ,tq gu~qe th~ ' CoOf(iil1atedgrOWtli~i1d~eveloPIIlenfgf the' ~ounty., It T~f1ects .~~1aphi~~~pic:iQ~:Of . the~phYsiqllrel~ti0!lsi1ip::~aIJ1.ongtl1e V,atibl!s 'land u~:e,s' 'Th~ r~(m~~.t~ct:Pl1ari~ePf:~qne' tb '. .."<':,:";."'... ,'" ','. ",.': . ..,' ..:;~'.". ./::'" ......'... '. . . . . aCl'l.iOAj~rc'~88f~,Ilj! to 1112 tur~QNa:,~hJ'11 <l~sil\ri,~te1tb",p',QP.!'II}',"(if!jts, '., ptQP~i1)z:~nq'~!ittRl1riciilig'ar~a ".at((lj.lMl~s:~j{i~g~ 'fQr, a g~icliI~<<pa,fPr0QPf't~:vit;y;::bM:t14,e'iIUirid' ,"- _." '-,'" -~-'.." ,- "". ' ',.',' ,-',',- '->.';" " "\ c', ,",':.':-'-. .',' -__':;~ "-',".' '~"~ ,r, . , :StudY:::B'ur~a.u: 'Thus? the'appli6~iit?~~eglAeSt ',is' cOIlsjst~nt wiikstii-r6Uri~iri~I~Bd uses ',," . ,'! ". . 'i? ;, " .,~,; ,.:- ,. .... K0iI1Qnan~,;$t~~~t::vi~:a;rqf:ivew~~, nii4er',t!yaJe~;p,~~lic ':'i.Q~Ci;' {or cj:~~e'ftial '. '-', - __, _,_ - - , ,_' ,_: ._ " .' "':, -':' , ":. . ,'. -. ',' _, ' ::, . ,', ',-",_ ' ..,: . _ _ _ . . ._, .'- ~. :. :: _- , " '1,., "_ _, ',' _' .' _: .' .___ . d~velopwejJ.t WouId\:iedyc~tI1e e.ffiCi~D.t()l?erat{ol1 ofJ(omoh~qa.Str;e~t ,a,s 'a'linijteQ;7. . '.' .,,', ..'. ';... .'. "', .'c,. . .,'. ' ".',' .' '.'" ..'.. ""'.,. ..,.'.. ......, . acc~ss 's~GJ)p.ci<lry ...ar!~J2i<\1:rQa,<;iwaYt:a"n4, !f1tf~Ciu~iJ;1g:hlgh: tia,ffi~'. yblUpie.s':assoc,la!~(tw.ith . . .,. .'.... .......,.., .. "'ce'; '<.""",.. ",'.,' ; . :,'" ,': :'. "."', . ":,.. ...... .""", /\"f't",,: :':"">r~, ",,:: ./ ,r .. c,' (,"" cdmm.efei~lllal1d,us~smaY:Te.suItti)'ah~z:ar~6tis 'sittiatiOh';'as'yelllc l~s'att~rrlpt' to ~nter. " '. "" ~".'", ". ..'" "" \ ':< ,,''':':', "<", <: . 'f 'fr' , , ~ . and exi(KOfriolianaStr~et, WhiCl1is lieav'llycol1sested' ar'times.Hor~:V~r, UROl1furlIier , '. " ,,-, review otthis 'application an<;i dUrlngrec,e.nt discussions with the ,appIlcapt, the Department has deterhlinecl'.that with the placement ofsigna?eartd,aPh.ysicalbatrier to prohibit lefFturIls ~t the property drivewa.y, ,tIie request will con~o'rm tpthe <!el1etal . " Plan. the Department is 'reconimenQing th~ placementofi'no left-turn~" sigl}(s) aJjd a -2- " 'i j I J I I- i i I, I I i ./ j I I I ~: 1\; I. 1~ " i; ,~; "t. \.. #;i /~) '(~ ," ..-. . . - - - ,", , p1j~sical' bar,rier tppr,<:y em l11ototi~tsJr.om: mCikiI1g left-ctluinstoand :fromtJ!e,pfoperty acc,ess.. Preventing; le.ft~turIl mqyelllept$throlJgh uSe bf Cl ,physicalbarrieFwill' sigIii!icafilJy ;""~~e' '&epotentiaL for~efijcl~c(lDJIi~lS at ~e property4r:ive~ayirTId Will ",' .' ..,' '.' . "',.., '.' " '. ',.'. ,.',.., ,,""". ,..;.' , ' .,' "',' "','" : ',.', ;"'j" " ' re~u,q~,ye.hi~l~) delaYQnsout1ibQl,li1d,K'oriiql1~pa Street, th~t wOl,lld occuJ;,jfIefHilrri"J .' " " ".. ',' - ;..' . , " ".', ',,'. -;, , - ]jPW~; }' Pu~asIi6reline:ff5mK6ll].ohalla' s t{e~ta$,e~jstiii*:vi ~wsa,re in tenhi tteptd ~~ tot.~tI veget3,l)!JIi'oria"ja~Ojlt.~r9i!e$<s. 'f,\'~~iti(j~1tL!~;'lh.€Ziifji4gG""i'lilnjtS'I.li'e.;iIla,"iIiNn(. Plal1flipg .I!)epartrpenthelieve~the request forc:ontll1erc1CiI zoning wiUcciirform to. the' . \- 'j < . - - ."'.. '. ~ """", '". ,", - - - . . -.v - -' .,; " _ -> _. _ ". _ .. ' . '. _ .' , ,: i . '. " .'. , . '_ '_, . . " ~ goals, poli~i~san(:rst(l11,cJii'f,cIs, of tMOeti'~r~l:~l~tL ,.. .... ..'" 'i. ,'d;""'~:):":'>Y":''':>,i>,..,'~t,'' "" ." ,. ,,: " . .' 'A:nessentifil(~utilities, ahd,serviCes,afe,availal)li~ ,to:the site.. Access' to ithe ' .\> T.f""'F:,'}.~~,,'W,',' .' "';'" ',',. , ,,';:: '.~,;" ,>.".. q, " P~Op@Ety. isvja,Koni<i)l1~na:StlJ~et,a. two'~laneqotlntYOwned, fokdway witlJ..a 2S,,[qot c' , ! ", ", '., .. ...! '. , " , ',', ~ ',.,. , ' , '\ " " , ' . pav;ement width within aw8040bt wide ,.tight70f'-w<lY. A 19.-f09t\\iiqe'N.p. VehiCular , , . . -- > Access Plan~irig 'SCf:~eIl ECiserrieI1t alqn{tJie'progerty's, KQInoliaJif:l'Streetfrontage was ' . . . ~., . ~ . . '-, - . ' . cJ;~ate~when the prop~rty wa,s 'originqIly subdiyid~d. ThefefoF~,ac~ess to !he propeity is Jimitedtoa 30"[00t -wide road and'utilhyeas~inent {Easement ~B-'ii).The ."3- /; '" /) () "- / 'bepartID~p.t ;ofPUblic; W'orks:(riPW}teG:oinme~ds that a.qe~ss,t() ~iid::rtom ;Rofil6hana' ' Street l)~ limited'to'fight~Jurnjn alJd\.i~~t-:1uin outIpOyim~Ilts,~I1ly~~(tthatth~ \ ' '.'<"/""',",'y","d' ,'.,",;0,', """, ':;"',"':'" "',","'," ,"Y':~:, . appUcant provide, R~v~~~nt, ,\yidehing: Wi.th -eoi1cre!~'ellr~" gutter ,~t4~waJ~,'4r~i~age", '. ' ,,' 0, ~",,_,', , '. _, . _' ',:. _. ' . __ _' ,. I,,'" . . _ "'_._,", '" ,'_ " _ _ ",< _, . __'" ,:<:. ,_ _',_ _:__' and lltility' re!QC;:,atibn 'il1)prov~llleIlts 'to thePtoperty 's'I<:oIllopal1a~tre$t,fr-Ql1t~gelIJ~~JiDi ' -', '.~ " , ',,""..:' .', .'. ',:., :~._ . '. ':'.- _' ",' '-, . :' '_ '_',,, ".( J. ,-'" _::,~,.., ", "'-'~'J,,': '_ '>;-.,."', '. witht~e: approval of the DPW; The'se -recQmroenclfltiqIls will,he' il1clg~ed,as;,~.Qn9i1ion,~, ;' . ..,~ :~.-" ",', .' ,;1, ,,~.> :......- :;.., > :~. ~ - _,' ~,.'" ,.- ",_:. '\,',; -',:,. (~:.,' --,,"",',_":,""\: , ""';":..:"0_,,': '~':-'-"_'?~:-'~_''^''::C~ '. "t ofa.})prpY~1':for,\tij~'0I1ange. 'of tope;' " . . , " .:" is ~fs'ecial>fl6dd'haiaf(l'aiealifiuhQate(Kb ';:tfie:J00::ear-~floo(hXvfi'erei'base~f106a " '. "'" , 'dev~lQpllient~geijerated...,piri6ffqe."d,}~PQ~~~:qf'9P~&H~>flI14'lig~'.(!itecJ~~PtQir?r4,~'~~i~s~nt.. , .. . 'Co~ntywatei'is'~v~iiabl~'fiom:~Il:~~1.stingl ~\iITdi~aterli~efron~jng tli,~ >nrop~~y , .-'.' -,'--/',-. "",,-',' ,.-'.-. , ',_. >:',-,-,t;,~,. " .prQP()s~s. t9;gisP9:s~of~a~t~waNr py~, s~pticsyst@llt fneeiirig tti~t~qjJlreme~t~.'9f:tp'e. ' , "~:~t~~~;:~~~~~Qi~J~rt~~d1~;~1:i~:t~~~i;:~~~~~:e;~~~11f~~li4 '" ' 'd~s'igpat~d,p~til~ ,~~pari:tPev.i"dfE,nvirorti11~n~~l:MaIlageinept. , A:ccQidj~g;:to.HEL'CO;' the'existip.gel~ctD(Oal:aistriptition sYs~emalo~gko~ohana Street isad~~I.uatetoseive the .proposed ~eveloJm~nt": Tl1~ appli~aq~~iit be requiredtp install. Qn~siteqi~trib~tion ligys ,to .provitieel~ctiicals~rVic(; withi'n the. property_ Tele.phone, services area;v~i1~1?letb ih~ . property. 'P9Iiceapdfire~ervices are available less thahbne illile frofu'thepfQperty. . - ".-t . -~,- ' -4- i- 1 1 I ! L I ; I () :~ , /' . .. J;, - · '. F~easi~re actio~s to,'protect nativel:I~waiiati rights: Asst~t.epljy ths;,~pplica~t~ no - . . , . - . . ::_,,' : I ". ' , . _. '., '. ~ . .(, . . " .. " '. . ~. ~ g~th~fingj~taI(ihgplace on the site. Thus, 'to thy" ~~t~nt;t.~:~h\9htr~ditiori~I;<lQd ,'/"-':"'.':,;"'''' ~ . ~, . : "':,' '~..'\:;"'''' ~ '. c;.~,st(HharYn~tiV~Hawiiian rights ar~ 'exerci~ed,' th~ proJ:lOsedaction will not -5- I . , !~) '. ~ (~ affect tr<;tditiollal'Hawaiian righJ$;O!',tl1~r:efoi~,. nO . ~cfiQh isriec;_e'ss.~iyto pr9t~~t these l " .~, ' ~ ~". . ,'<~ ' "'-' , 'f-',:" ';:}:',~',,~';::""" "< ", . ; f ~6c -~} -~~) COUNTY OF HAWAI'I STATE OF HAWAI'I BILL NO. ORDINANCE NO. 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 AGRICULTURAL - ONE ACRE (A-1a) TO NEIGHBORHOOD COMMERCIAL - 20,000 SQUARE FEET (CN-20) AT PONAHAWAI, SOUTH HILO, HAWAI'I, COVERED BY TAX MAP KEY: 2-3-037:019. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAW AI'I: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) ofthe 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 Ponahawai, South Hilo, Hawai'i, shall be Neighborhood Commercial- 20,000 square feet (CN-20): Beginning at a point at the southeast comer of this parcel of land being also the southwest comer of Lot 13-B and at the easterly side ofKomohana Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 1 ,995.29 feet South and 120.78 feet east and running by azimuths measured clockwise from true South: Thence, along the easterly side of Komohana Street along a curve to the right having a radius of 2,960.00 feet, the chord azimuth and distance being: 1. 1590 31 ' 41" 144.18 feet; 2. 2490 08' 264.20 feet along Lot 13-A-2; 3. 3350 03' 169.95 feet along Lot 13-A-2, to a point in the middle of Alenaio Stream; -1- I I . /~l -"",- U) 4. 450 27' 85.73 feet along the middle of Alenaio Stream, being also Lot 20, Komohana Heights Subdivision; 5. 1350 27' 59.36 feet along Lot 13-B; 6. 700 54' 175.03 feet along Lot 13-B to the point of beginning and containing an area of 43,560 square feet. 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 of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAW AI'I , Hawai'i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- " ( . '~ ~.~) PD A-lo A-lo PD PD A-lo A-lo LOT 13-A-1 AGRICULTURAL -1 ACRE (A-1a) TO NEIGHBORHOOD COMMERCIAL- 20,000 SQUARE FEET (CN-20) 43,560 SQ. FT. N . o o 150 300 600 900 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI'I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - ONE ACRE (A-1 a) TO NEIGHBORHOOD COMMERCIAL - 20,000 SQUARE FEET (CN-20) AT PONAHAWAI, SOUTH HILO, HAWAI' I TMK: 2-3-37:19 MAP PREPARED BY: COUNTY OF HAWAI'I, PLANNING DEPARTMENT DATE: July 30, 2009 IRri'::ln T <::. in"':!; :) (j ''--''-'- , r I I r . i I CSu~~iREZ:mjcc I 0127/09 .BR~ANT'~I!~AI ..... ..,. . ........ . ,C~~~G~.9~!~~~:~~~~tl~ATION:.(~EZ;09~101) CONDITIONS@FA;PPR€fVA.L ,.' . . . . A. . The'app;liccant~s), s~cc~~S0rS'or cis signs shallbe n~sponsible for comBlyin~ lYith?l,1l ,qJ the ~(~t,~q,O~?jljg~~? f<lP7,ovak . . . .' . . . '. '. '. ..< .... 1'3.. .PriQf.!q'tl1e isstiariS~9fa'w;it~f;, S9.mmitlTIel1tlJ,ytheL.iep~rtmel!tofWa,ter Supply, the h>V , ..... ......... .... ., . ',,<,:, . . ...:. \,' .,.,,> '. . almhcanfshall,.submitthe' anticip~ledmaxlll)uin4ail y waterq~a~G (),~fc.~Iations (18. ' . ,." - ',," ." , ,-,",' ,. ,,_0. ',r8c9fuil1ehd~,cl by 11 regi~ter~4 6rig~h.~'~f; add(1Wat~r 9Ql11mitIlien~d~po,sit in a~$brpance '~i~t~~'~at~ffqo~i(jnen'~~~eU~e;spi)I;~;'j"!lle'~~par:n'~iJ!'~ii~~I~F'~4PP!Y :". \/.' . .... ........ ....: .,::, .... . '.. ':'..; ..... . . . \vit1)ip\ ~8,Q.gf!ys;fromjtl}~~ff~ctiY~;<:lilWSWthis:qtq,iriance:\ . . . C.17ire"ajJ~iic~ntslj'ailihstaikiieq~6~9'preis&6' t5'Peb~~Rf19\v preYenti9U a~s~m~IY witrin .....':<".: .' .....'..<.'. ',.>" . .' . '.' ., .........';...\. .,.y ft-ve(5)(e'eioftne . w~t~rim~t~r; oi:rpp:yil,te,prQlJ~~Y5,wIiiiI1<:wqst :byjIlsp'e(;I~d . arid ~Pjf~y,~j'~~J~~;~~~~~f'@rWra,!~f:~~~wj~;'" '. .. .... .., . Q. . ' WQ~stmsPi.(;)n,:or;thei:ir0POsedjrllpr()v~me!tfsf,sh~II:b~lc,oWPi~teqWitl1ih ;fi've:(5) :y~alT~ ,from , the~ eff~cii;Vedite,()fthis ordinance:. Thlsti#1e 'p'eriodshaii incllid~s~ctiringFiri~l Plan . f\pprov<cll,tfom nie Pl<i111fim~.:P'i,teptor,jIl; a(JC()rQal}Se'wHh$e~iion:2g~'s."iO;qha1?t~r .25 > .' .. ..' .......'..'.' ..", ....'. '.... '..... .... ......./ . '.' ....'. ..' . (~olliIlg'()od~)';":tI'~wai/lgQ,!lrity. Q0oe. . ' Plqllssl.1<ilt id~ntify'!H'I)~opps~,d~tructureQs) j 'fify 'pr~'e.~~l)~;~~!&;'~~~~9;~i;ffiW~YZ~C%~$S,jlirkjtl~<'(~!~q)!~;2'~;4;TI~?0~~s, ..... "'. '., .~~qAR~~ij~,S,~~~~:'N~jJ~t,~o#;i~~;~t~~;f4f'W~.~4~4s;~~fmi~~<<!f?~~0 ijp;\~~\i~1 adyersyIroise orvisJuil\i1,i1pa:Cts, t()!a.dj9iriingp~f(J~Is: L<lpd~c<ipirtg: shall\lJ~ proyi d.edill"" < .' . ,;, ..'. . . ','. -, , . '.. ' "., ':"". "~' " ' " " ; . - '- ",,'" -' '",,,' , ';", -,_ .. . ..' e' '"i" " " i' .... __",..;" , . ~ ' ,; accordal1ce 'withthe Teqtiit~Il;1~rits ofPJariningpepartl)lynes RuI~ No.1 T (~'J-Il9ssapin? Requirel11el1ts ). . .. " -, E. bevelORri1,ylltQft~~"'.Pfq~.~f.\Y sh~ll'.b~des}gp~d.~pd .G:onstnicted'iIl,!way,%j'win~wi~e ohstructionof the scenic".~iew~ ofHilo BayandthePunashoieline from K6m0hana. '.. .. "" " .. -' , , .. ,:',' '. , ~ "" , , , .. .. .;:', .. . " . ", , Street. F. Prior-to the issuance of a GertificateofOcGupancy, the applicant shaUprovide filll .. 1 . improvements tothepr9perty's frontage alOng Komohana Street cOIlsf~ting of; bUJ pot , . 1i11,1ite,cJ to; payewe,nt;Widep.ing With coricretestirb, gutter and sidewalk" dra~p~ge improv~l11ents, and any requiredutilityrelocatjon, meeting with t!:IYl1Pproval of the Department of Public ,WOfks. /') /J G, -, " N. : ,COmply :wgh,.Ghapt~r+ 1 ~55, Water.p(jllutiol1 Control; H~wai'i Administtafive ,E-l}r~S; , ,. ' .,' ,<" . ""~" -.' '~':'" " "" :~:: ,:,','''' ',' . .. '~.' ~.: '", 'l)epflFtrti.~~t of,fI~al;tl).;'Yhich require~ aNH]jES permit for: c~rtaiii'-c()ns.tiq<::tio~ a9tivlty; ',<'. . ',' .: ',,' " ,,'.:..:' , ' " " ". :'~" ,"", Sh,.Quld a.p:yr~ifl,ai'ps 6f'lifst()iiesites;sucli~sr.6ck wills,,, t{fn:~ce~/platTorths, riiailB~'shtitl . .. , . \ ;. : " (:. '. ',,'. , . ", . ,'.' . . ':.'; .,:~:,. " ',:' '..,', tpiicerit~atio~s'oF-llum~llbuiials, be.~ncount~red, WO,rk 'in. thelhn~edhlte", afYfls4'~W Cease /0: -2- '1 " ,J ~ ~ j J I i I /, I " I I i I . .' -"", '- . "", . . . -! (- - " ~ . and theJ)epaft~~nt'()f~anda1fd Nat;l1~5tI'~~sbtitces, .:~tate His't0ricrre~erp(lti~nlJ)iYisi0h, , -...,' .. '. ,." - , . .' ,.. . . (DtNR~StIPJ)) Sl1:all :~eci111mediat~Iy.'n9tjfi~(:f:~~b~~~1J~rt \Vor~,sl1aUBrO~~~(Ll!p'Qn.p?11 ' . . " ',' ..' ,,"c':,, . .,'.: '. .c..,. . . . ,"... .':,\....: ,,' '. archaeolo gic~I'deanlnce~fromthe:DILNR-'SHPD. wheni tfirtds that sllffi cienfmiti.gati6n . " . , , :" . ". ~, " .~ . ". . . "'.- ". .' '. ' . .. '. "..... . .' " , . measuves>havebeentaken. ,,'. - -.' " ,,'''~','', " ^. . ",.' "~' "-, , . . , . P. ~,l. ; ( . -~ ,'. ;( -;, 1. $~,?9:7 .2(i per trlUltjple family., re,sid,e~ti,aIllhjt ($5~.78i:t.9,9l?er ~ingj~ fqmily . rys.i4e)itiaI unit) to ~tIie Cciuntyto s~Pport parkanc:lrecr~atiortal' ip1pmYerf1~nts artd . facihJi~s; .~ l., , ) . - "" " ':,'p.. "tirijt) to the' COluity to' suppo~ ,p,()lis;ef~cqjtie~; :' ., . -, - '<." .'" ,"' . . . .., '.' $i~iO:QJpe:rnillItiple family tesid~bti~I,.uI1it ($27?07'per singlefamilYrdidennaJ ' -" -t: 2. -3- i i- i I ' !, ':"'. ~ , / .~ 3. .',< . . 4. i;'. .T. ~ . 4' ~~ -,;:- " ". ':1 '. . .,;,.. "4- ) ,/") 5. , "', <.' .,' .', " - ',', -,' " It' theqpplicant' shoui4:;r~quireai1' additiop;aF~xt~i1~~foD~bftlm:e"tli~., , ."':"~:". ,;., '," .". ':-'-_-.':_~~,---~ , ,'. I,> _, : ,;":-_~:,,.~,\:'~:{,,': :.', "',' t,,:~'.: "J' .,' Pla.PIf,jI1$,J)!r~ctor,~:h~lli~l:l;>l11i~"the. appUcan,t's,r~qgyst.to.the ~o)J!1ty, ~ ,". ":1 , - 9ounq~rforapprop.fiat~;~ctib~.. '- .' _ ' _ -. _ '_ -" -, ,-",.:~: . _ ..' .' _ _ ' ..' _ ,_ ,,~ ,: __'' ,_ '. : 0 '; ..':_ ' .. _ .. .. _:.' _.' " Sl101l;! g ;~l1yofthy'cQl;~gW ~ris PQ t ,be; met;.Qf' $Jlb~~aI1 ti~!ly;q.omp li~d''Y:iJ,h~ly~,{ifiielY , 'fa'sl}io~:Jh~PlanningDire~tbt p1aY'iAifj~t~'rezoni~ggf.th~s~bj.~cl ,(lr,~ft',tb~'it~,9.~gi~~i Rf ' " ,: "~: i <: .,":' \, ~ : ;, .'_, \ .. :." >~ ,~. . ,~__ ',." '.~ , -.;E~;'..;,:: ~".>:' ,"':: ~ <' .'~ -. . t\", ~~- ~": .,:';.",1')"" .' -, ", '>. _, ~;' . - " "fe. ^' c. :~: .~ ,',,' -~,:' "..,;;-:":\." ',- p '; , ;'1~' ... :". '~i",)': r ,;. .,._ '. .,: , .;C', .<'- ':~ ,-- ,~: .-;". '., ,. mQre.?ppf,Q,prjlif~d~sigil~tj()D:" . ,';."" , \- ,,;' !', ,'- i,_".>-:-: :_-;;:_,\.i{, ' '. .,: " ":';; ~\:"" '. .. ^~ ~ " ~ . i. ' ". ~ " .' -5-'