HomeMy WebLinkAboutCOM 0755.000 2008-2010 \ \'illiam'f.'fakaba
�.' LI �ti•. ��
• V7illia arn. � q d • f .• Alanaging Director
\ \'a11y Lau
' )epu) Managing Director
County of Hawaii
891 UIu!ani Street • IIao, Nawa, i 96720.3982 • 1805) 961 -8 • Fax (808) -6553
25, KONA 75 -5 Kuakmt Highway, 5u:tc 103 • Kailua -Kona. I lawai t %740
February _�, 2010 (808)329 -5226 • Fax (8(18)3 -5663
rte,
Honorable J Yoshimoto, Chairman �)
and Members of the County Council C 7 7_3 County of Hawari Z ; ( `i
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Yoshimoto and Members: I'I
FJ �i
State Land Use Boundary Amendment Application (SLU 09- 000024) v
Request: Agncultural to Urban
Change of Zone Application (REZ 09 -000110)
Request: A -20a to MI. 20
Applicant: Greenhouse Specialists, Inc.
Tax Map Key. 1-6-152.18
Change of Zone Application (REZ 09-000111)
Applicant William and Glynms Dolan
Request: A -la to CN-20
Tax Map Key 2-3-37:14
Change of Zone Application (REZ 09-000113)
Applicant: Gillie & Jane Silva
Request A -1 a to C :N 20
Tax Map Key: 2-3 -37.6
Change of Zone Application (REZ 09- 000114)
Applicant Vincent Tai
Request' RS -7.5 to RM-2.5
Tax Map Kcv: 2-4 -28:09
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
Smcsrel;�
William P. Kenos
Mayor
Enclosures 'f
cc: Planning Deparmient Comm Flo. f CS
Ref. To: PG
("6.% (1 g Ref. Date MAR 15 203
•
T.
•
County of Hawaii
PLANNiNG COMMISSION
Aupurn ('enter • 101 I'auahl Slmel. Suite 3 • fhlu, I lawan 00
('hone ISII81 -510.S • fax 1$nMl `)41 -S7.12
February 25, 2010
The Honorable J Yosh Chairman
and Members of the County Council
County of
25 Aupuni Street
Hilo, 1 -11 96720
Dear Chairman Yoshimoto and Council Members:
Change of Zone Application (REZ 09- 000113)
Applicant: Gillie & Jane Silva
Request: A -la to CN -20
Tax Map Key: 2-3 -37:6
The Windward Planning Commission at its duly held public hearing on February 5, 2010. voted
to recommend for your approval the proposed legislative bill for a Change of Zone from
Agricultural 1 acre (.A -1 a) to Neighborhood Commercial — 20,000 square feet (CN-20) for
approximately 5.075 acres of land. The property is located approximately 130 feet south of the
Komohana Street — Ponahawai Street intersection, Ponahawai, South lido, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
The applicant is requesting a change of zone from Agricultural -1 acre (A -1 a) to
Neighborhood Commercial- 20.000 square feet (CN -20). Although the C'N zoned district
allows a variety of commercial uses. the applicant's current plans are to construct an
approximately 30,000 - square loot ollicc building which will be leased to tenants and/or
used by the applicants. An additional office building may be constructed in the future.
Parking and landscaping as required by the Zoning Code will be provided on -site.
Construction will begin immediately upon approval of the change of zone and will take
about eighteen months to complete at a cost of approximately S2,000,000.
//aunt 7 County a an Equal Oppornm« r Prrn'rrler and Employer
The Honorable 3 1'oshimoto, Chairman
and Members of the County Council
Page 2
In order to consider an arca for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must also be considered as they may have an impact on similar areas in the
County.
The change of zone request from an A-la to a CN -20 zoned district conforms
to applicable goals, policies and standards of the General Plan. 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 axone to a C'N -20 district conforms to the LUPAG Map.
which designates the property and the surrounding area as Medium Density Urban. Such
designation allows neighborhood commercial uses, including office and retail uses.
Several of the surrounding properties to the east and south are mainly vacant and
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. Some of the nearby properties to the
cast, along Ponahawai Street, have been rezoned within the past three years from A -la to
RM -4, RM -5.5 and CN-20. Additionally. the adjacent landowners (TMK 2- 3- 37:14.
William and Glynnis Dolan) to the cast have recently submitted an application for a
change of zone from A -la to CN -20 and the Planning Commission recently forwarded a
favorable recommendation to the County Council for a change of zone request from A -1 a
to C'N -20 for the nearby property to the south (TMK 2 -3- 37:19; Dr. Brian Sugai) The
subject property is identified by the Agricultural Lands of importance to the State of
Hawaii (ALISI I) 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..
The General Plan identifies the viewpoint on the hilltop overlooking I lilo Bay in
the vicinity of the subject property as a site of natural beauty. However, it is unlikely that
views of Hilo Bay from Komohana Street will be obstructed by development of the
property because the land sits at a slightly lower elevation. Additionally, the Zoning
Code limits the maximum building height in the CN -zoned district to 40 feet. Even so. 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 scenic views of llilo Bay from
Komohana Street. With implementation of the recommended conditions of approval, the
•
,p
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 3
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. The property has
two legal access easements; a 30 -foot wide road and utility easement identified as "RU -b"
at Ponahawai Street which is shared with parcel 21 and a 15 -foot wide road and utility
casement from Komohana Street identified as "RU -9" which is shared with parcel 22.
Ponahawai Street and Komohana Street are both County roadways with a right -of -way
width of 60 feet. The applicant intends to utilize the Ponahawai Street access as their
primary access to the property. This access aligns with the Ka Waena Lapaau medical
complex access located across Ponahawai Street. The Planning Department recommends
the creation ()fan access easement to provide internal circulation between the subject
property and TMK 2- 3- 37:14. This easement should generally be aligned as shown in
Exhibit 2 of the application so that both properties have more than one point ingress and
egress at Ponahawai Street. This wou improve the overall flow of traffic for these
proposed commercial developments.
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. The Department of Public Works (DPW) recommends that access to and
from Komohana Street via the 15 -foot wide road and utility easement identified as "RU-
9" he physically limited to right -turn in and right -turn out movements only. Preventing
left -turn movements through use of a physical barrier will significantly reduce the
potential for vehicle conflicts at the propcny driveway and will reduce vehicle delay on
southbound Komohana Street that would occur if lefl -turn movements were allowed The
Planning Department is recommending the placement of "no left- turn" sign(s) in addition
to a physical barrier. The DPW is also recommending that the applicant provide
pavement widening with concrete curb. gutter. sidewalk, drainage, and utility relocation
improvements to the property's Komohana Street tiontage. These recommendations w ill
he included as conditions of approval for the change of zone.
The proposed 30,000- square loot office building will generate approximately 47
peak hour trips However, to be consistent with the concurrency requirements of the
Zoning Code, a condition of approval will require submittal of a Traffic impact Analysis
Report (TIAR.) if the 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 he responsible for
constructing any improvements identified in the TiAR required by the DPW.
The Honorable J Yoshimoto, Chairman
. and Members of the County Council
Page 4
• The project site has no severe geological or topographical problems which can not
he properly rectified or which would render the land unusable. However, a portion ol'the
property is located in flood zone "A" which is a special flood hazard area inundated by
the 100 -year flood. The applicant will submit a drainage study to the DPW.
Additionally, conditions of approval will require that all development - generated runoff he
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 Ha vai`i
County Code for construction within the "A" flood zone.
County water is available from an existing 8-inch waterline fronting the property
along Ponahawai Street and an existing 12 -inch waterline within Komohana Street. The
12 -inch waterline is capable of providing the required 2,000 gallons per minute of water
flow for lire protection for commercial land uses. The proposed request requires the
installation of a reduced pressure type backflow prevention assembly within five feet of
the existing water meter or any additional water meters. 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 a public sewer line is extended to the properties frontage
along Ponahawai Street or Komohana Street. Solid waste will he disposed of by private
contractor to the Hilo Landfill or other site designated by the Department of
Environmental Management. Electrical and telephone services are available to the
property. Police. fire and medical services are available less than two miles from the
property.
The request is not contrary to Chapter 205A, Hawaii 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 he impacted by coastal
hazards or affect beach erosion, coastal recreational resources, coastal ecosystems and
marine resources.
In view of the Hawaii State Supreme Court's "PAST I" and "Ka Pcr'akur 0
Ka 'A ino " 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 of the site: •
The Honorable .i Yoshimoto. Chairman
and Members elute County Council
Page 5
• investigation of'valued resources: No formal archaeological reconnaissance
survey. oral history of kama•aina 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 April 1, 2009. the DI.NR. - 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 - 1 -acre (A -la) 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 25-8-33 (City of Hilo 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 information.
Sincerely,
Roll Woodward, Chairman
Windward Planning Commission
Ls,iv: r..09- 000I13[C2
Enclosures
cc: Ms. Lori Mikkelson
Lillie & Jane Silva
Department of Public Works
•
Department of Water Supply
Department of Land & Natural Resources -HPD.
DOT - Highways, Honolulu
Lincoln Ashida, Esq., Corporation Counsel
HSiIvaRIIZ doc -I /15/10
COUNTY OF IIAWAI`i PLANNING DEPARTMENT
BACKGROUND REPORT
GILLIE AND JANE SILVA
CHANGE OF ZONE APPLICATION (REZ 09 -113)
GILLIE AND JANE SILVA have submitted an application for a Change of Zone from
Agricultural 1 -acre (A -1 a) to Neighborhood Commercial- 20,000 square feet (CN -20) for
approximately 5.075 acres of land. The property is located approximately 130 feet south of the
Komohana Street-Ponahawai Street intersection, Ponahawai, South Hilo, 1 ]awai`i, TMK: 2 -3-
37:06.
PROPOSED DEVELOPMENT
1. Request: Change of zone from A -la to CN -20 for 5.075 acres of land.
2. Proposed Development: Although the CN zoned district allows a variety of commercial
uses, the applicant is proposing to construct an approximately 30,000- square foot office
building which will be leased to tenants and /or used by the applicants. An additional
office building may be constructed in the future. Parking and landscaping as required by
the Zoning Code will be provided on -site. Construction will begin immediately upon
approval of the change of zone and will take approximately eighteen months to complete
at a cost of approximately $2,000,000. (Planning Department (P.D.) Exhibit 1 -
Change of Zone application and P.D. Exhibit 2 - December 17, 2009 letter)
3. Landowner: Gillie and Jane Silva.
STATE AND COUNTY PLANS
4. SI.0 Designation: Urban.
5. GP LUPAG Map: Medium Density Urban.
6. County Zoning: Agricultural -1 acre (A -1a).
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 a flag lot with an approximately 214 -foot long, 30-
-1-
ArlACII: Corm. 755
Bill 228
•
foot wide pole portion that extends from Ponahawai Street to the main portion of the
property. There is also approximately 600 feet of frontage along K.omohana Street.
There are two drainage easements located in the northern portion of the property.
Drainage easement "D -1" is 20 feet wide and drainage casement "D -2" is 80 feet wide.
The property is currently vacant but was tbrmerly planted in sugar cane. Elevation ranges
from 200 to 240 feet above sea level and the property slopes slightly to the east and south.
9. Surrounding Land Uses /Zoning: Surrounding properties include a mix of vacant lots,
inultiple- family residential uses and medical uses. immediately to the north, east and
south are vacant parcels zoned A -la. The adjacent landowners (TMK 2- 3- 37.14; William
and Gynnis Dolan) to the east have recently submitted an application for a change of zone
from A -1 a to CN -20. The Ka Waena Lapaau medical complex is located on the north
side of Ponahawai Street on land zoned CN -20. Several of the nearby properties to the
cast, along Ponahawai Street, have been rezoned within the past three years from A -1 a to
RM -4, RM -5.5 and CN -20, and are mainly vacant except for a 4 -plcx apartment building
and a single - family dwelling. Vacant lands to the south are zoned A -la; however the
Planning Commission recently forwarded a favorable recommendation to the County
Council for a change of zone request from A -1 a to CN -20 for thc nearby property to the
south (1'MK 2- 3- 37:19; Dr. Brian Sugai). The vacant land to the east across Komohana
Street is zoned Project District.
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.
11. ALISH: Existing Urban Development.
12. Land Study Bureau's Productivity Rating: Unclassified.
13. FIRM: Portions of the property are located in thc "A" flood zone, which is a special
flood hazard area inundated by the 100 -year flood.
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, gunpowder tree, •
African tulip tree and guava. None of these species are endangered. According to the
applicant. duc to the property's close proximity to urban areas it is not likely to have
endangered faunal species but rather feral cats, rats and mongoose likely utilize the area.
15. ArchaeologicaLfCulturallllistorical 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 and no traditional and customary native
Hawaiian rights are exercised on the site. By letter dated April 1, 2009, the DLNR State
Historic Preservation Division determined that no historic properties will be affected
because previous grubbing has altered the land.
16. Scenic Resources: The General Plan identifies the viewpoint on the hilltop overlooking
Ililo Bay in the vicinity of the subject property as a site of natural beauty. Due to the
topography of the property, the proposed structure could be designed and constructed
without significantly reducing the scenic views of Hilo Bay.
17. Public Access: 'i'here is no public access to the mountains or the shoreline that traverses
the property.
18. 'Traffic: The proposed project (30,000 sq ft office building) is estimated to generate
approximately 47 peak hour trips based on the Institute of Transportation Engineers,
"trip Generation Handbook ".
UTILITIES AND SERVICES
19. Access: The property has two legal access easements; a 30 -foot wide road and utility
easement identified as "RU -8" at Ponahawai Street which is shared with parcel 21 and a
15 -foot wide road and utility easement from Komohana Street identified as "RU 9"
which is shared with parcel 22. Ponahawai Street and Komohana.Street are both County
roadways with a right-of-way width of 60 feet. The applicant intends to utilize the
Ponahawai Street access as their primary access to the property. This access aligns with
the Ka Waena Lapaau medical complex access located across Ponahawai Street. A 10-
foot wide no vehicular access planting screen easement runs along the east side of
Komohana Street.
20. Water: County water is available from an existing 8 -inch waterline within Ponahawai
-3-
Street and an existing 12 -inch waterline within Komohana Street. There is an existing 1-
inch service lateral to the property, capable of accommodating a 5/8 -inch meter, which is
limited to a maximum daily usage of 600 gallons. Additionally, the 12 -inch waterline
within Komohana Street is capable of providing the required 2,000 gallon per minute of
water flow for lire protection.
21. Wastewater: There is currently no municipal sewer in the area. The property is located
in a Critical Wastewater Disposal Area which is an area where the disposal of wastewater
has or may cause adverse effects on human health or the environment due to existing
hydrogeological conditions. All lots within this designated area are subject to the use of a
septic tank system approved by the Department of Health.
22. Solid Waste: There are no municipal waste collection services in the County. All solid
waste generated by the development will require private disposal at the Kilo Landfill.
23. Utilities and Services: Electricity and telephone services can be made available to the
property. Police, fire and medical services are available nearby in Hilo.
AGENCIES' COMMENTS
24. Department of Public Works (DPW): P.D. Exhibit 3 — December 29, 2009 memo
25. Department of Water Supply: P.D. Exhibit 4 — January 4, 2009 memo
• 26. Department of Environmental Management: P.D. Exhibit 5 — December 10, 2009
memo
27. Police Department: P.D. Exhibit 6 — December 14, 2009 memo
28. Fire Department: P.D. Exhibit 7 — December 10, 2009 memo
29. Department of Ilealth (DOH): P.D. Exhibit 8 — December 10, 2009 memo
30. Department of Land and Natural Resources (DLNR)- Historic Preservation
Division: P.D. Exhibit 9 — January 8, 2009 letter
AGENCIES - NO COMMENT /CONCERNS
31. DLNR- Land Division.
.AGENCIES - NO RESPONSE
32. Office of Housing and Community Development, HELCO, Department of Agriculture,
Natural Resources Conservation Service.
-4-
• APPLICANT'S RESPONSE TO AGENCIES
33. P.D. Exhibit 10: Letter of transmittal from All Aina Services dated January 5, 2010
containing responses to Fire Department, DOH and DPW.
PUBLIC COMMENTS
34. None as of this writing.
-5-
. . -
CIIANGE OF ZONE APPLICATION
APPLICANT: GILLIE AND JANE SILVA
AGRICULTURE la TO COMMERCIAL NEIGHBORHOOD 20
TMK: (3) 2 -3- 037:006
Planning Dept.
Exhibit_. _
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT: Gillie & Jane Silva
APPLICANT'S SIGNATURE: DATE: d?
ADDRESS: 16B Railroad Avenue
Hilo, Hi 96720
LIST APPLICANT'S INTEREST IF NOT OWNER:
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:
PHONE:(Bus.) 934 -8878 (Res.) 987 -6570 (Fax) 961 -9916
LANDOWNER(S): Gillie & Jane Silva
LANDOWNER SIGNATURE(S): DATE:
(May be by letter)
LANDOWNER(S) ADDRESS: 16B Railroad Avenue
Hilo, HI 96720
REQUEST: A- 1 a TO CN -20
(Existing zoning) (Proposed Zoning)
TAX MAP KEY: (3) 2- 3- 037:006
STREET ADDRESS OF PROPERTY: Ponahawai Street
Hilo, HI 96720
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 5.07 acres
_ AGENT: All Aina Services
ADDRESS: P.O. Box 291
Laupahoehoe, 111 96764
- TELEPHONE:(Bus.) 969 -3882 (Res.) (Fax)
Please indicate to whom original correspondence and copies should be sent.
ATTACHMENT
• commercial,•' K, 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 ].and in accordance with the approved change NO
-• of zone?
If yes, please answer the rest of Question I and then to
question 3.
a. How many acres of the requested area do you intend to
subdivide?
b. Into what lot sizes?
c if your request is approved, approximately how long
after the date of approval do you expect to submit
your subdivision plans to the Planning Department
for preliminary approval?
If you intend to subdivide, please, submit a preliminary
schematic subdivision plan together with your change of
zone application form.
2. If you nave no firm plans of subdividing the subject area,
l.. 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 NO
plans?
c Sell or lease the land to someone who has no plans? NO
a 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.
N/A
3. What specific building plans do you have for the subject land?
Include in your answer the following: type of building
(apartment, office, launderette, etc.); financing arrangement;
timetable for construction; and any other information which you
feel might help us in evaluating your request.
•
OFFICE BUILDING TIMETABLE: 18 MONTHS UPON APPROVAL
4. Have you performed any study which would demonstrate a need for
your proposed building and /or development? NO
if so, please elaborate on your findings in the space provided
below.
-2-
5- Have you performed any study which discusses the
environmental impacts your request would nave on the
surrounding area and /or the County? NO
If so, please elaborate on your findings in the space
provided below.
6. Are there any buildings on the subject area? NO
If so, what kind?
What do you intend to do with those buildings if your
request is approved?
N/A
7. Is the subject land currently being used for any
agricultural activity? NO
if so, please list the kinds of products grown on and
how many square feet or acres of land per product?
-3-
-- To your knowledge, has there been any flooding and /or NO
drainage problem on the subject area?
If so, please describe the problem.
9. Do you think that the roads leading to the subject area NO
needs improvement?
If so, what kind?
Is the road adequate for the proposed traffic volume YES
or load?
10. What sort of governmental assistance and /or improvements •
do you feel will be needed in the subject area when
• developed?
yes wo
a. Schools ' X
b. Roads X
•
Sewer X
d. Drainage X
e. Police Protection X
X
f. Fire Protection
X
g. Recreational Facilities
h. Recreational Facilities
i.
-4-
For chose checked "yes," please elaborate what type or kinds of
improvements and /or assistance are needed.
N/A
11. Have you performed any historic sites study and /or survey of the .
subject area? If so, what were the results? Please, also,
• submit a copy of the study together with this change of zone
supplement.
NO
SEE ATTACHED
1 -
` k
Signature: `- S ---
Address: 16 13 RAILROAD AVE
Telephone: 934 -8878 '
Date:
•
•
•
-5-
fi1211A /RfnA
Background Report and Environmental Report
For The
Application for a Rezoning Request (A -la to CN -20)
TMK 2 -3 -37:06
Ponahawai, South Hilo
1. INTRODUCTION
The applicants, Lillie and Jane Silva, are co- owners of the parcel that is the subject
(hereinafter referred to as subject parcel) of this zoning application. The lot is located
within the Ka Palani Kula Subdivision, located near the southeastern corner of the
intersection of Komohana Street and Ponahawai Street. The parcel totals approximately
five acres. The applicants would like to develop their property for urban uses that are not
allowed through the existing Agricultural one -acre zoned district. The Silvas would like
to develop an office building to serve either their own office needs and/or the surrounding
medical facilities or other possible office tenants.
II. PROJECT LOCATION
Parcel 'floc 2 -3 -37:06 consists of 5.075 acres and runs along Komohana Street
• approximately 80 feet from the intersection with Ponahawai south to 490 feet. It also
includes a pole portion of the lot that accesses off of Ponahawai Street approximately 250
feet east of Komohana Street (See location map).
III. PROJECT DESCRIPTION.
a. Project concept: This applicant would like to construct an office building,
with uses as allowed through the commercial neighborhood- zoning
district. The building will be 30,000 square feet in size, which will provide
a transitional character between the single - family residential
neighborhoods to the west and south of the project area and the
commercial/ medical facilities to the north. If possible, they may
construct a second building to house other offices in the future. Access
, would be via Ponahawai Street.
b. Timetable: The applicants would like to begin work and develop more
detailed plans and cost estimates as soon as the rezoning request is
approved and additional infrastructure requirements are established
through the rezoning ordinance. Estimated cost is $ 2,000,000. Financing
will be private funding.
c. Parking: There is ample space for parking on the parcel. Parking as
determined and required by the final construction drawing and plan
approval will be provided.
1
d. "Traffic Impacts: It is difficult to calculate trip generations for the
proposed building , as the specific commercial uses have not been
determined. As the structure is below the minimum required through
the concurrency requirements of the Hawaii County 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 sewer requirements and off -site road/
traffic related infra - structure such as curb, gutters, sidewalk, turn lanes
and signage as required by the appropriate agencies.
IV. CONFORMANCE WITH STATE AND COUNTY PLANS
a. State Land Use Designation: The subject parcel is situated within the State
Land Use Urban District. The proposed land use Commercial
Neighborhood designation is consistent with the IJrban district designation
and does not require a Boundary Amendment.
b. Chapter 205A, Coastal Zone Management: the proposed project would not
be contrary to concerns of the Coastal Zone Management as it would not
interfere with public access to the shoreline, scenic and open space
resources since it is approximately a mile inland from the coast. It would
provide additional view planes to scenic Hilo bay due to the elevated
sloping topography.
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 east 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.
2
• Encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and
social environment.
• Provide for conuncrcial developments that maximize convenience
to users.
• Distribution of commercial areas shall meet the demands of
neighborhood, community and regional needs.
The General Plan Land Use Allocation Guide Map (LUPAG) 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 would be
consistent with the uses of the LUPAG 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
sugar cane plantings in the area, which was terminated long ago. The
Agricultural zone does not accommodate the proposed mix of urban uses.
e. Community Development Plans: The Hilo Community Development Plan,
(Hilo CDP) adopted by the Planning Commission in 1975 designates the
area for RS /RM PUD 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." Portions of the proposed uses are
- consistent with this suggested use. It should be notcd that the CDP was
adopted over 30 years ago under the provisions of the original General
Plan adopted in 1971. Two revisions to the General Plans have since been
adopted in the interim (1989 and 2005). The economic, population, and
settlement assumptions under which the 1971 General Plan and Hilo CDP
were adopted have since changed and surrounding land uses reflect a
slightly different pattern. The proposed change of zone is consistent with
the revised 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 would be
necessary under SMA regulations.
3
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 near the southeastern corner of the intersection of Ponahawai and
Komohana Streets. The parcel totals about five and a third acres in size
and is somewhat square in shape, which fronts along Komohana Street. It
also has a pole portion extending north from the main parcel area towards
Ponahawai Street (See site location map.). The parcel is vacant.
Elevation ranges from 200 to 240 feet above sea level and slopes slightly
to the east and south. A drainage easement runs through the northern
portion of the property. 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, 9 — 1, due to the city's location down slope of
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 (ALISII)
designation: As the site is located within an urban area, it is not designated
as "important " according to this State Classification system.
c. U.S.D.A. Natural Resources Conservation Services Soil Service Report:
Soils of the 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. Natural vegetation consists of
hilograss, Califomia grass, guava, ohia and tree fern.
f Land Study Bureau soil rating: The Land Study Bureau Overall Master
Productivity rating classifies the soils as Urban, unclassified.
g. Flood Insurance Rate Map (Firm) designation: Two FIRM designations
occur on the parcel (See site map). Most of the parcel is within Zone X,
signifying areas that are outside a flood - designated area. Flood hazard
Zone A crosses the parcel near its north side. There is a Zone AE
floodway one parcel over to the south, but as it is between approximately
100 feet away minimum and 300 feet maximum from the subject parcel,
there would be no State or County requirements for building in a flood
zone.
4
h. Existing drainage ways or improvements: A flood zone A occurs on an
existing, unimproved drainage -way along the north side. Neither building
would be situated in this area. 'There are two drainage easements on the
parcel, "D-1" and "D -2 ". "D -1 "is 20 -feet wide, .096 acres, and is situated
at the south end of the property and on the east side of Komohana Street.
"D -2" is 80 -feet wide, .538 acres, and is situated at the northwest corner of
the parcel. In order to construct the access driveway from Ponahawai
Street through this zone, Section 27 -18 of the Hawaii Code, Standards for
Construction in a flood zone will be followed. Any improvements needed
to "D -2" will be addressed by a civil engineer at the time of plan design.
i. 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 IIealth, Clean Air Branch.
The windward area of Hawaii Island is subject to voggy conditions due to
the Kilauea eruption during times of non -trade winds. Existing noise
levels are primarily caused by traffic along Komohana and Ponahawai
Streets. It is not anticipated that the proposed office use will have a
significant adverse noise impact on residents to the south of the project, as
it is separated by another one acre parcel and the Alenaio drainage
channel. The offices 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 he
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
letter for the area, including the subject parcel when the area was
undergoing grubbing for subdivision purposes (see exhibit 1).
k. Natural Resources: As the project area is an abandoned sugar cane
- cultivation area, and as it has also been recently grubbed, the vegetation is
largely a secondary growth of exotic shrubs and grasses, including
California and Wainaku grass, gunpowder tree, African tulip and guava.
None of these species are endangered plants. Due to its proximity to urban
areas and modified environment, it is not likely to have any faunal
endangered species; rather feral cats, rats and mongoose may utilize the
area.
1. Scenic or coastal resources: As the project area is approximately a mile
from the shoreline, there are no coastal resources. Tn the General Plan, the
entire plat 037 is listed as a natural beauty site in the district of South Hilo
5
•
for the hilltop view looking over Hilo Bay. Because of the topography of
the parcel, the two -story building would be designed to preserve this view.
m. Public access: No public access or trails have been identified within the
project area.
n. Social settlement patterns for the area: Komohana Street was extended in
the southerly direction from Waianuenuc Avenue shortly after the 1960
tsunami destroyed residential and commercial areas in the coastal Hilo
urban core. The house lots were created along the southern end of
Komohana Street to relocate families affected by the tsunami. The project
area itself had been used for sugar cane cultivation till 1971. The
-- immediate surrounding area is in transition from a vacant status to single
family residential uses on the southern side. On the northern side, several
small -scale medical office buildings have been established. Other
surrounding lands are vacant or are churches and cemeteries. Several
zoning changes to commercial and other residential uses have been
granted in the past eight years in the adjoining arca.
o. Economic resources of the area: The project area is within the urban Hilo
arca and is adjacent to the traditional downtown area. Secondary economic
generators of urban services such as supermarkets, retail stores, medical
centers, public and private services, occur to the east and southeast of the
project area. Primary economic generators such as the University of
Hawaii at Hilo a four -year campus, agricultural research facilities, several
astronomy headquarters and research facilities are also located within a
mile to the south. Larger hotels are located along the shoreline of Hilo
Bay, which accommodates tourists. Several bed and breakfast type
facilities are also located in neighborhoods within close proximity to the
project area. Two cruise ships weekly dock at Hilo Harbor.
p. Surrounding land uses and zoning: The surrounding land uses are either
vacant, single family residential or office (largely medical) use. To the
east, lower down Ponahawai Street are two cemeteries, an orchid nursery,
and a recently established church. Several parcels in the original Ka Palani
Kula subdivision have recently (within the past ten years) have been
rezoned from the Agriculture 1 acre zone to either Commercial
Neighborhood or Multiple Residential zoned districts. Mauka of the
intersection a large parcel has also been rezoned to Project District, which
would allow for a mix of urban uses. The area is being cleared and readied
for development. Most of the recently rezoned parcels however, have not
yet been actually developed according to the new zonings.
6
VI. PUBLIC FACILITIES AND SERVICES
a. Access: Access to the parcel is directly from Ponahawai Street, which has
a 24 -foot pavement width within a 60 -foot road right of way. .1be
applicants plan to utilize the 30 -foot wide road easement at Ponahawai
Street as their primary access.
h. Water: Municipal water is available from an existing 8 -inch water line
along Ponahawai Street. A 12 -inch line runs along Komohana Street.
c. Sewage disposal: The project area is not within the service limits of the
County's wastewater disposal system. The proposed project must utilize
private septic system unless and until the County sewer line is either
extended north from the intersection of Punahele Street and Komohana or
south from Kukuau Street.
d. Solid Waste: There are no municipal waste collection services in the
County of Hawaii. All solid waste generated by the proposed project will
require private disposal at the lido Landfill or other designated site by the
Department of Environmental management.
e. Police and fire protection: Both police and fire stations are located within
a mile of the project area to the east (lire) and southeast (police and civil
defense).
f Schools: The project area is within the Hilo School Complex district,
which includes Hilo 1ligh School, Hilo Intermediate School and Hilo
Union School. They are located north along Waianuenue Street, less than
2 miles distant.
g. Parks: Several urban parks or school recreation areas are located within a
mile of the subject project area. These include Lincoln Park and Tennis
Courts, Gilbert Carvalho Park and Gymnasium, Mohouli Park, Milo High
School track field and !Lilo Intermediate School.
h. Other Utilities: Both telephone and electrical utilities are available to the
subject parcels either along Ponahawai or Komohana Streets.
VII. ENVIRONMENTAL ASSESSMENT AND ANALYSIS
a. Relationship between short term uses of the environment and maintenance
and enhancement of long -term productivity: The project area was
cultivated in sugar cane. However that use was terminated in 197L Thus
the project area has been vacant for approximately 35 years and has been
devoid even of other agricultural uses since. The project area is one of the
few sizeable vacant areas within the city of Hilo. Should the requested
7
VI. PUBLIC FACILITIES AND SERVICES
a. Access: Access to the parcel is directly from Ponahawai Street, which has
a 24 -foot pavement width within a 60 -foot road right of way. The
applicants plan to utilize the 30 -foot wide road easement at Ponahawai
Street as their primary access.
b. Water: Municipal water is available from an existing 8 -inch water line
along Ponahawai Street. A 12 -inch line runs along Komohana Street.
c. Sewage disposal: The project area is not within the service limits of the
County's wastewater disposal system. The proposed project must utilize
private septic systern unless and until the County sewer line is either
extended north from the intersection of Punahele Street and Komohana or
south from Kukuau Street.
d. Solid Waste: There are no municipal waste collection services in the
County of Hawaii. All solid waste generated by the proposed project will
require private disposal at the Hilo Landfill or other designated site by the
Department of Environmental management.
e. Police and fire protection: Both police and fire stations are located within
a mile of the project area to the east (fire) and southeast (police and civil
defense).
f. Schools: The project area is within the Iiilo School Complex district,
which includes Hilo High School, Hilo Intermediate School and Hilo
Union School. They are located north along Waianuenue Street, less than
2 miles distant.
g. Parks: Several urban parks or school recreation areas are loeated within a
mile of the subject project area. These include Lincoln Park and Tennis
Courts, Gilbert Carvalho Park and Gymnasium, Mohouli Park, Hilo High
School track field and Hilo Intermediate School.
h. Other Utilities: Both telephone and electrical utilities are available to the
subject parcels either along Ponahawai or Komohana Streets.
VII. ENVIRONMENTAL ASSESSMENT AND ANALYSIS
a. Relationship between short term uses of the environment and maintenance
and enhancement of long -term productivity: The project area was
cultivated in sugar cane. However that use was terminated in 1971. Thus
the project area has been vacant for approximately 35 years and has been
devoid even of other agricultural uses since. The project area is one.ofthe
few sizeable vacant areas within the city of Hilo. Should the requested
7
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• I F ":1 OG h . _mt 5 8 THIRD DIVISION
1 -LL .. ZONE SEC.) PLAT
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SUBJECT T f a . N E
44 CONTAINING= 4ARCE11
. .HA irA/ \ Seale I in. 100 ft.
G.G - II/30/O4 PHIS
Legend for Flood Zones & Drainage Easements
Subject Parcel .. . 1
Drainage Easement'
Zono "X'Boundary 0
Zone "A " Boundary
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Zone "AE" Boundary i ?SJ „i
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•` ' tin t ; ro N O il° 00 of mi t° ' oloa L. c A w. U 'KA, t �w KULA:
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LOT 12
KA PALANI KULA
Being a
Subdivision of Parcel 1
Portions of R.P. Grant 252 to B. Pitman
Ponahawai, South Hilo, Hawaii, Hawaii
Beginning at a point at the northeast corner of this parcel
of land being also the northwest corner of Lot 11 and on the
southeasterly side of Ponahawai Street the coordinates of said
point of beginning referred to Government Survey Triangulation
Station "HALAL" being 1,101.87 feet South and 157.66 feet East
and running by azimuths measured clockwise from true South: •
1. .345° 40' 445.00 feet along Lot 11;
2. 252° 20' 171.53 feet along Lot 11; •
3. 246° 05' 150.11 feet along Lot 10;
4. 333° 10' 220.00 feet along Lot 7;
5. 69° 08' 644.58 feet along Lot 13 to a
point at the easterly side
of Komohana Street; 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:
6. 163° 26' 25" 229.97 feet;
7. 165° 40' 232.89 feet along the easterly
side of Komohana Street;
8. 190° 30' 69.34 feet along the easterly
side of Komohana Street;
9. 140° 00' 67.23 feet along the easterly
side of Komohana Street;
10. 165° 40' 79.95 feet along the easterly
side of Komohana Street;
thence following along a
curve to the right having a
radius of 32.00 feet, the
chord azimuth and distance
being:
11. 210° 40' 45.26 feet to a point at the
southeasterly side of
Ponahawai Street;
12. 255° 40' 250.46 feet along the southeaster-
ly side of Ponahawai Street
to the point of beginning
• and containing an area of
6.075 Acres.
Jfite ra , &milt & oierouata, -et-
REGISTERED SURVEYORS
P.O. Box 863 • Hilo, Hawaii 96721 • Telephone: (808) 935 -9725 • Fax (808) 935 4726
P.2
SUBJECT, however to a "No Vehicular Planting •
Screen Easement" (10 Feet Wide) along Komohana
Street and parallel to Courses 6,7,8,9 and 10;
and along Ponahawai Street and parallel to
"Courses 11 and 12".
MURRAY, SMITH & ASSOCIATES, LTD. •
LICENSED
PROFESSIONAL (A44.4., , �\
1* LAND SURVEYOR * d
Paul H. Murray, LPLS
\ LS -7588 Licensed Professional Land Surveyor
•
•
MSA 2682
Hilo, Hawaii
April 9, 2001
Jilar ay, Smith At of aadi..Lea, £"I-.
• RtGISTERED SORVtYORS
P.o. Box 863 • Hilo. Hawai'i 96721 .lephone: (808) 935 -9725 • fax (808) 935 -9726
11 1,
Easement for Drainage Purposes
(20 -Feet Wide)
Affecting and Within Lot 12
KA PALANI KULA
Being a
Subdivision of Parcel 1
Portions of R. P. 1Grant 252 to B. Pitman
Ponahawai, South Hilo, Hawaii, Hawaii
Being a Description of Centerline
Beginning at a point on Centerline at the South end of this
parcel of land and on the easterly side of Komohana Street the
coordinates of said point of beginning referred to Government
Survey Triangulation Station "HALAI" being 1,598.78 feet South
and 6.90 feet West and running by azimuths measured clockwise
from true South':
1. 239° 32' 31.99 feet;
2. 282° 00' 35.00 feet;
3. 182° 15' 83.00 feet;
4. 194° 00' 60.00 feet to the top bank of a
stream;
EASEMENT AREA: 0.096 Acres.
QPJ� H. Mcq MURRAY, SMITH & ASSOCIATES, LTD.
LICEN
PROFESSIONAL, ,'4-3
*LAND SURVEYOR * Paul H. Murray, LPLS
No. LS -7589 Licensed Professional Land Surveyor
arity
•
MSA 2682
Hilo, Hawaii
April 9, 2001
iit/ nay, Sena & otuseiriles .04L.
REGISTERED SURVEYORS
P.O. Box 863 • Hilo, Hawaii 96721 • Telephone (808) 935 -9725 • Fax (808) 935 -9726
11
Easement for Drainage Purposes
(80 -Feet Wide)
Affecting and Within Lot 12
KA PALANI KULA
Being a
Subdivision of Parcel 1
Portions of R. P. Grant 252 to 8. Pitman
Ponahawai, South Hilo, Hawaii, Hawaii
Beginning at a point at the northwest corner of this parcel
of land and on the easterly side of Komohana Street the •
coordinates of said point of beginning referred to Government
Survey Triangulation Station "HALAL" being 1,304.20 feet South
and 68.21 feet West and running by azimuths measured clockwise
from true South:
1. 279° 00' 68.70 feet;
2. 298° 45' 85.00 feet;
3. 263° 10' 145.00 feet;
4. 345° 40' 80.69 feet along Lot 11;
5. 83° 10' 181.21 feet; '
6. 118° 45' 96.75 feet;
7. 99° 00' 29.09 feet to a point at the
easterly side of Komohana
Street;
8. 190° 30' 56.41 feet along the easterly
side of Komohana Street;
•- 9. 140° 00' 35.99 feet along the easterly
side of Komohana Street to
the point of beginning and
containing an area of 0.538
Acres.
Q PROFE 9, MURRAY, SMITH & ASSOCIATES, LTD.
LICENSED l
PSSIONAL
* LAND SURVEYOR * 6 id" • tce
No. LS -7588 Paul H. Murray, LPLS
Licensed Professional Land Surveyor
'In, U.S .?...
MSA 2682
Hilo, Hawaii
April 9, 2001
REGISTERED SURVEYORS
P.O. Box 863 • Hilo, Hawai'I 96721 • Telephone: (808) 935 -9725 • Fax (808) 935 -9726
I.LI:R.\ H TRIf:1.R.N
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� :I A:I xIVS:I :'II.Nf�l:..l II
STA'rl-: HISTORIC PRESERVATION DIVISION \IA...Axf.■
60: KAMOKILA 1401.:1 FVAHD, ItOOM 555
KAPOI.I:I, HAWAII 96707
April 1, 2009
Giliie & Jane Silva LOG NO 2009.1575
16B Railroad Avenue DOC NO 0904MD01
I lido, Hawaii 96720 Archaeology
Dear Mr. & Mrs Silva
SUBJECT: Chapter 6E -42 Historic Preservation Review -.
Request for Comment on a Proposed Change of Zone Application
l'onahawai Ahupua'a, South Hilo District, Island of llawaii
T1'IIC: (3) 2- 3- 037:006
Thank you for the opportunity to comment on the aforementioned project, which we received on April 1.
2009. The proposed change of zone will be from AG IA to CN 20
We determine that no historic properties will be affected by this project because
.,
. ❑ Intensive cultivation has altered the land
❑ Residential development/urbanization has altered the land
❑ Previous grubbing /grading has altered the land
❑ An accepted archaeological inventory survey (AIS) found no historic properties
❑ SIIPD previously reviewed this project and mitigation has been completed
.. ❑ Other. Aro ground - altering actmuies are currently part of this project
. In the event that historic resources. including human skeletal retrains, cultural materials, lava rubes, and
lava blisters/bubbles are identified during the construction activities, all work needs to cease in the
immediate vicinity of the find. the find needs to be protected from additional disturbance, and the State
Historic Preservation Division, Hawaii Island Section, needs to be contacted immediately at (808) 933 -
7653. If you have questions about this letter please contact Morgan Davis at (808) 933 -7650
Aloha, //` �
✓/ (2-72c u , j/r Ja
Nancy McMahon, Deputy SHPO/State Archaeologist
and Historic Preservation Manager
State Historic Preservation Division
_ _! Sap-2T -72 13:32a Frcm- SOH-XNR -BCR -H •18083267826 T-398 P 001/CO1 F 805
County of Hawaii CUSTOMER COPY
DEPARTMENT OF PUBLIC WORKS
005128 aa1
GRUBBING PERMIT NO.
I
Fee: $
Owner ?rank DeLu. Address: 330 Ruali Way
Phone; 835 -6086
Hilo, R1 96730
_ CMI Eng. / Surveyor: N/A Address:
Phone: `_____i
License No.:
Contractor, N/A Address
License No.: Phone: ��_
Location: Komohana & Ponatiawai Tax Map Key; (3) 2 - 3-37; 6
CHEC W/ SPECTOR Parcel Area (acres): -6.0 S Area Grubbed (acres): 4
Estimated Starting Date: /C) / 0 Estimated Completion Date
D t7
(minimum 2 working days aHer
if date)
Remarks: Reason for rubb ing + h r. i
rProert -.t orL�le r .e. fo e2./C. e S ie dc, il� r CAA 11
---, S' /t G ,+C/ G � - a . - ',,4
dUS +aibed is r ole,4 le. oLry VS Val 0a52/ ,Doc to CV p de
a ry l rZr - 'S lot .3-6 ac w flco C h.a aeCAaEo , i S
�P co rrc�°
Phone;-92.3-0482- 327-4343
1. 0 STATE DLNR - HISTORIC Approved:
macowdElYtAlail �PPRESERVA7ION DIVISION `],y� l/4, 3 5 ? I2 7JacZ" '
•
/ .le' Dace: 0-7/41_2.
listed cn tho f�wdl or National Regi . 01 Nlalorlc Pisces
- Yes
2. ® PLANNING DEPARTMENT Approved: 4/4 •
Received By. Date:
144:4-4...... Date: /Q -/Q '110Z
3. 3 DEPARTMENT s 8LJC WVRK$
/f�J�'//. Approved for Pem
Reannd ay. e %'ar , Dale: ( ( \o b 1 , 7 v it � / 14t , Dab: D D H
1 hereby certify that all work as requested above will conform to Chaptor tO of the Hawaii County Code. •
Owner. ,e{-._ Lie -1/4.-a_ 11'76 '7�0 t.---- Date:
Return to the Department of Public Works, Engineering DIvtSIon, upon completion of work.
_ Certification
Accepted by:
(DPW inspector 1 engineer) Dom'
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County of l.lawaii
Planning Department ..
101 Pauahi Street, Suite 3
Hilo, Hi 96720
December 17, 2009
Subject: Change of Zoning Application (REZ 09- 000111)
Applicant: William & Glynis Dolan
Request: Ag -1 a to CN -20
TMK (3) 2 -3- 037:014
Attention Maija Cottle
Herein please find a letter that states the intentions of the owner of the above parcel, as • _
well as TMIC (3) 2- 3- 037:006 to grant easements between parcels for access.
I am including a map with highlighted area showing the approximate location of the
access.
Please le know if you have any further questions...
•
Lori ikkelson
.gent fin the ow+nct
Planning Dept.
Exhibit 2._
•
County i CHawaii
Planning Department ,.y
101 Pauahi Street, Suite 3
t -lilo, Hi 96720
December 17, 2009
Subject: Change of Zoning Application (REZ 09- 000111)
Applicant: William & Glynnis Dolan
Request: Ag -la to CN -20
TMK (3) 2 -3- 037:014
1'o Whoni It May Concern: '
Beginning with conversation with Planning Department staff regarding the access for the
subject parcel, further consultation with the owner, also conversation also included Mr.
Frank DeMarco, P.E., Department of Public Works.
The owners, Mr. & Ms. Dolan and Mr. & Ms. Silva, have agreed to granting and using
an casement between the subject parcel and parcel, TMK (3) 2- 3- 037:006, as a legal
easement for both parcels.
•
Upon development and "Plan Approval" an engineer will complete the design and get
approval from pertinent agencies.
Thank you for your attention to this matter,
•
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DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
DATE: December 29, 2009
TO BJ Leithead Todd, Planning Director
JL
FROM n or Department of Public Works
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09- 000113)
Applicant Gillie & Jane Silva
Request. A -la to CN -20
Tax Map Key: 2 -3 -37: 006
We have reviewed the subject application forwarded by your memo dated December 2, 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 in area designated as Flood Zone A as depicted on the
Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Flood
Zone A is the Special Flood Hazard Area inundated by the 100 -year flood where base flood
elevations have not been determined
Any construction within the designated FEMA flood zone shall comply with the requirements of
Chapter 27, Floodplain Management, of the Hawaii County Code.
All earthwork activity, including grading and grubbing, shall comply with the requirements Chapter
10, Erosion and Sedimentation Control, of the Hawaii County Code.
Access is via Komohana Street (shared with parcel 22) and Ponahawai Street (shared with parcel
021). Because Komohana Street is classified as an arterial, we recommend access to it be
physically 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 and Ponahawai Street frontages consisting of, but not limited to,
pavement widening with concrete curbs, gutters and sidewalks, drainage improvements, and any
required utility relocation meeting the approval of the 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.
Planning DePt•
Questions may be referred to Kelly Gomes at ext. 8327.
County of Hawaii w an Fn,,.l nnn...nn.,. n._... .. -..
_ < ' L QF mlAip 47
a t
fr2118E ._ ' - C xa t rt:
f l y t ' T DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
set
x ylY uPMAWp\ \ aP } - 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720
TELEPHONE (808) 961 -8050 • FAX (808) 961 -8657
January 4, 2010 z. _
f0: Ms. BJ Leithead -Todd, Planning Director
Planning Department
FROM: Milton D. Pavao, Manager 4d
SUBJECT: CHANCE OF ZONE APPLICATION (REZ 09- 000113)
APPLICANT — (:ILLii'; AND JANE SILVA
REQUEST: A -la TO CN -20
TAX MAP KEY 2- 3- 037:006
We have reviewed the subject application and have the following comments and conditions.
Water is available from an existing 8 -inch waterline within Ponahawai Street and from an existing 12-
inch waterline within Komohana Street, both fronting the subject parcel. There is an existing 1 -inch
service lateral to the subject parcel, capable of accommodating a 5/8 -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 Hawaii 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 receipt of the water usage calculations above, the Department will make a determination as
to the water commitment deposit amount, prevailing facilities charge (subject to change) to be paid,
and any water system improvements required for final approval. Based on the water usage
calculations provided, if the existing 5/8 -inch meter cannot accommodate the estimated demand, a
larger or additional meter will need to be installed and remittance of the prevailing facilities charge,
will be required.
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.
'canning Dept.
Exhibit
... Water, Our Most Precious Resource ... Ka Wai A pane .. .
The Department of Water Supply is an Equal Opportunity provider and employer
Ms 13J Leithcad -Todd, Planning Director
Page 2
January 4, 2010
3. For your information, the existing 12 -inch waterline within Komohana Street is adequate to
provide 2,000 GPM for lire protection as required per our Water System Standards for the
proposed type of land use.
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 he
necessary.
Should there be any questions, you may contact Mr. Finn McCall of our Water Resources and Planning
Branch at 961 -8070, extension 255.
Sincerely yours,
Milton D. Pavao, P.E.
Manager
FM:dfg
copy — Gillie and Jane Silva
All Aina Services
•
•
Ms. 13J Lcithead -Todd, Planning Director
Page 2 •
January 4, 2010
3. For your information, the existing 12 -inch waterline within Komohana Street is adequate to
provide 2,000 GPM for fire protection as required per our Water System Standards for the
proposed type of land use.
4. Subject to other agencies' requirements to construct improvements within the mad right -of -way
fronting the property affected by the proposed development, the applicant shall he responsible for
the relocation and adjustment of the Department's affected water system facilities, should they he
necessary.
Should there be any questions, you may contact Mr. Finn McCall of our Water Resources and Plamung
Branch at 961 -8070, extension 255.
Sincerely yours,
Milton D. Pavao, P.G.
Manager
FM:dfg •
•
copy — Gillie and Jane Silva
All Aina Services
•
•
•
r •r Oi
William P. ICcnoi " �?1
•1c` l, •; I.ono A. Tyson
Mayor ....� = , . , 1 ye►
William T. Takaba • : i 12: !1 rE or OS' _ - Ivan \1. Torigoc
Managing, Director
Deputy Director
G utg of Paint t I
DEPARTMENT OF ENVIRONMENTAL. MANAGEMENT
25 Aupuni Street • Hilo, llawai i 96720
(808) 961 -8083 Fax (8081961 -8086
fain / /cp,liawai'i In uv'direclory /dir envnmg htm
MEMORANDUM
Date : December 10, 2009
To . BJ LEITITEAD TODD, Planning Director
From: LONG A. TYSON, Director
Subject: Change of Zone Application (REZ 09-000113)
Applicant: (iillie & Janc Silva
Request: A -la to CN -20
TMK: 2 -3 -37:6
We have reviewed the subject application and offer the following recommendations:
DEPARTMENT COMMENTS: _g1: %L. TO - Los s 13! Aw
4WAS1'EWATER COMMENTS:
( ) No comments
( ) Require connection of existing and /or proposed structures to the public sewer in accordance with Section 21 -5
of the 1- lawai' i County Codc.
( ) Require Council Resolution to approve sewer extension in accordance with Section 21 -26.1 of the Hawaii
County Code. Complete D.E.M. Sewer Extension Application.
( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23 -85
of the Hawai'i County Code.
( l/'Other: ntt5 prtOFenn lS N17rt,N _C h{i 14A -4 7 .`ufl
SOLID WASTE COMMENTS: D t 59 I_ mt,e CC A-1 Ott) E "74- Usn- o
( ) No comments 0 14 'RAIL 11-62 h -10+- sr'/.s74'scf
(j<t) Commercial operations, State and Federal agencies, religious entities and non- profit
organizations may not use transfer stations for disposal.
( >4 ) 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.
(Ai ) Green waste may be transported to the green waste sites located at the Kailua and I tilo transfer stations, or
other suitable diversion programs.
(yc) Construction and demolition waste is prohibited at all County Transfer Stations.
(qcr) Submit Solid Waste Management Plan in accordance with attached guidelines.
( ) Existing Solid Waste Management Plan is to be followed. Provide o the department on current status.
( ) Other:_
cc: SWD, WWD Planning Dept. SCANNED
c
Exhibit 7 JAN 07 An
JAN
By :Q5 l b 456
County of Hawaii Is an Equal Opporlumly Provider and Employer
,1 OF rr
•
�� i
William 1'. Kenoi lmno A. Tyson
tfry or + 1 \\ + _.t.f - Dnecror
W illiam T. Talcaha \ Fria -a � •' hart M. Torigoe
•
Managing Director Deputy Dzreclor
QIuunt r of Ptivat `I
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupuni Street • Hilo, Hawaii 96720
(808) 961-8083 Fax (808) 961-8086
htla: //co.hawaii,hi.us. /directory /dir cnv�n�g.ht:i:
February 12, 2009
• SOLID WASTE MANAGEMENT PLAN
Guidelines
•
INTENT AND PURPOSE
This is to establish guidelines for reviewing solid waste management plans, for which special
conditions are placed on developments. The solid waste management plan will be used to: (1)
promotes and implement recycling and recycling programs, (2) predict the waste generated by
the proposed development to anticipate the loading on County solid waste management
facilities, and (3) predict the additional vehicular traffic being generated because of waste and
recycling transfers. A qualified consultant shall prepare a suitable solid waste management
plan for review by the Department of Environmental Management.
REPORT
The Solid Waste Management Plan will contain the following:
1. Description of the project and the potential waste it may be generating: i.e. analysis of
.anticipated waste volume and composition. This includes waste generated during the
construction and operational or maintenance phases. Waste types shall include (but not
be limited to):
A. Organics (including food waste and green wastes);
B. Construction and Demolition;
C. Paper (including cardboard);
D. Metal (including ferrous and non - ferrous metals);
E. Plastic;
F. Special (including ash, sludge, treated medical, bulky items, tires);
G. Household Hazardous (including paint, vehicle fluids, oil, batteries); and
H. Glass.
2. Indicate onsite source separation facilities by waste type; i.e. source separation bins of
glass, metal, plastic, cardboard, aluminum, etc. Provide ample and equal space for
rubbish and recycling.
3. Identification and location of the proposed waste reduction, waste re -use, recycling
facility or disposal site and associated transportation methods for the various
components of the development's waste management system, including the number of
County or Hawaii is an Equal Opportunity Provider and Employer
Solid Waste Management Plan Guidelines
Page 2 of 2
vehicle movements and associated routes that will be used to transport the waste and
recycled materials
4. The report will include identification of any impacts to County- operated waste
management facilities, and the appropriate mitigation measures that will be implemented
by the development to minimize these impacts
5. Analysis will be based on the highest potential use or zoning of the development.
REQUIREMENTS AND CONDITIONS
1. A solid waste management plan will be prepared for all commercial developments, as `
defined under the policies of the Department of Environmental Management, Solid
Waste Division.
2. The Department of Environmental Management will require the developer to provide or
resolve all recommendations and mitigation measures as outlined in the solid waste
management plan; besides any conditions placed on the applicant herein.
3 A State of Hawaii licensed engineer will draft and certify in writing the solid waste
management plan as complying with applicable Federal, State and County of Hawai'l
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:
Yon- A- I r
Lono A Tyson
DIRECTOR
County of I lawn' 1 is an Equal Opportunity Provider and Employer
•
9 0s .
William P Kenoi .:56t
a. .. S.Knbojiri
Mayor - =� -_ •
• • " f'nGre C'huf
Paul K. Ferreira
f)vyuty Police Choi
County of Hawaii
POLICE DEPARTMENT
349 Kapiolani Street • Hdo, Hawaii 96720 -3998
(808) 935 -3311 • Fax (808) 961 -8865
December 14, 2009
TO : BJ LEIT TODD, PLANNING DIRECTOR
FROM : k DERE D. PACHE6O, ASSISTANT POLICE CHIEF
AREA I OPERATIONS
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09- 000113)
APPLICANT: GILLIE & JANE SILVA
REQUEST: A -1A to CN -20
TAX MAP KEY: 2 -3 -37:6
Staff, upon reviewing the provided documents and visiting the proposed project 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 contact S. Hilo Patrol Commander
Captain Kenneth Vieira at 961 -2214.
KV:IIi
l-
P'anning
Exhibi3 __ SCANNED
non
"Rawer County is an Equal Opponunny Provider and Employer"
William P. Kenoi `^ Darryl J. Oliveira
•
Mayor t ' ' hire caret
", R $-•• oi ------------ Glen P. I. Honda
Deputy tire Chief
QCountp of atuat`t
HAWAII FIRE DEPARTMENT
25 Aupuni Street • Suite 2501 • Hilo, llawai•i 96720
(808) 932-2900 • Fax (808)932 -2928
December 10, 2009
TO: 13J LETTHEAD TODD, PLANNING DIRECTOR
FROM: DARRYL OLIVEIRA, FIRE CI -LIEF
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09- 000113)
APPLICANT: GILLIE & JANE SILVA
REQUEST: A -la to CN -20
TAX MAP KEY: 2 -3 -37:6
In regards to the above - mentioned Change of Zone application, the following shall be in
accordance:
Fire apparatus access roads shall be in accordance with UFC Section 10.207:
"Fire Apparatus Access Roads
"Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained
in accordance with the provisions of this section.
"(b) Where Required. Fire apparatus access roads shall be required for every building
hereafter constructed when any portion of an exterior wall of the first story is located more
than 150 feet from fire department vehicle access as measured by an unobstructed route
around the exterior of the building.
"EXCEPTIONS: 1. When buildings are completely protected with an approved
automatic fire sprinkler system, the provisions of this section may be modified.
"2. When access roadways cannot be installed due to topography, waterways,
nonnegotiable grades or other similar conditions, the chief may require additional
fire protection as specified in Section 10.301 (b).
r;0,.
r, 1
; 9 •�i p 1
n . ._ J A4i
C •1 t'"
SCANNED . � W
kAkeyesA
Hnumr i County is an Equal Opportunity Provider and Ernpluyeri' Itl
B.T Leithead Todd
December 10, 2009
Page 2
"3. When there are not more than two Croup 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, sec 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 Toads of fire apparatus and shall be provided with a surface so as to provide all -
weather driving capabilities." (20 tons)
"(g) Turning Radius. The turning radius of a fire apparatus access road shall be as
approved by the chief." (45 feet)
"(h) Turnarounds. All dead -end fire apparatus access roads in excess of 150 feet in length
shall be provided with approved provisions for the turning around of fire apparatus.
"(i) Bridges. When a bridge is required to be used as access under this section, it shall be
constructed and maintained in accordance with the applicable sections of the Building Code
and using designed live loading sufficient to carry the imposed loads of fire apparatus.
"(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum
approved by the chief." (15 %)
B.I Leithead Todd
December 10, 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.
"(I) Signs. When required by the fire chief, approved signs or other approved notices shall
be provided and maintained for fire apparatus access roads to identify such roads and
prohibit the obstruction thereof or both."
Water supply shall be in accordance with UFC Section 10.301(c):
"(c) Water Supply. An approved water supply capable of supplying required fire flow for
fire protection shall be provided to all premises upon which buildings or portions of
buildings are hereafter constructed, in accordance with the respective county water
requirements. There shall be provided, when required by the chief, on -site fire hydrants and
mains capable of supplying the required fire flow.
"Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or
other fixed systems capable of providing the required fire flow.
"The location, number and type of fire hydrants connected to a water supply capable of
delivering the required fire flow shall be protected as set forth by the respective county
water requirements. All hydrants shall be accessible to the fire department apparatus by
roadways meeting the requirements of Section 10.207.
4 1
1 1ARR • IVEIRA
Fire Chief
PBE:Ipc
LINDA LINGLE CHIYOME L. FUKINO, M.D.
GOVFRNOR 0� tioea Director of Health
:
2PT [)7.: I : 71 :i 7 :.n5
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 916
HILO, HAWAII 96721 -0916
MEMORANDUM
DATE: December 10, 2009
TO: Bobby Jean Lcithead Todd
Planning Director, County of Hawaii
FROM: Newton Inouye h
Acting District Environmental Health Program Chief
SUBJECT: Change of Zone Application (REZ 09- 000113) .
Applicant: Gallic & Jane Silva
Request: A -la to CN -20
Tax Map Key: 2 -3 -37:6
The use of individual wastewater systems is allowed. The type and numbcr of individual
wastewater systems to be used will be determined by the wastewater rules in effect at the time of
building permit application.
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 Ilealth (DOH), Clean Water Branch (CWB), acknowledges receipt of the
subject document on December 4, 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)(1), 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 CWA, 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.
Planning ing Dept. 1 t SCANNED
Exhibit i 0:#t$' J
I3.1 Leithead Todd
Page 2 of 4
December 10, 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
of Intent (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 wcbsite at:
http://www.hawai gov/heal th/environmental/water/cleanwater/fonnsi 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 NOT is needed for coverage under each NPDES general permit.
The NOI forms may be picked up at our office or downloaded from our
website at:
htto: / /www.hawaii. gov/ heal th / environmental /watei;/cleanwater /forms /gcn I
- index.html.
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). [ITAR, Chapter 11 -55,
Appendix B]
ii. Construction activities, including clearing, grading, and
excavation, that result in the disturbance of equal to or greater than
one (1) acre of total land 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]
iii. 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. [ITAR, Chapter 11 -55, Appendix E]
v. Discharges of hydrotesting water. [HAR, Chapter 11 -55,
Appendix F]
vi. Discharges of construction dewatering effluent. [HAR, Chapter
11-55, Appendix G]
•
B.1 Lcithcad'l'odd
Page 3 of 4
December 10, 2009
vii. Discharges of treated effluent from petroleum bulk stations and
terminals. [HAR, Chapter 1 1 - 55, Appendix 11]
•
viii. Discharges of treated effluent from well drilling activities. [LIAR,
Chapter 1 1 -55, Appendix I]
ix. Discharges of treated effluent from recycled water distribution
systems. [HAR, Chapter 11 Appendix J]
x. Discharges of storm water from a small municipal separate storm
sewer system. [HAR, Chapter 11 -55, Appendix K]
xi. 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 of the 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 DOII that the project,
activity, or site covered by the NOl or application has been or is being reviewed
by SHPD. If applicable, please submit a copy of the request for review by SHPD
or SI - IPD'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.
IHIawaii 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 Ms. Joanna Seto, 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 of 4
•
December 10, 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 Continents on our website:
http : / /hawaii.gov /health /environmental/ env- planningr 'landuse /landuse.htlnl. Any comments
specifically applicable to this project should be adhered to.
The same website also features a Healthy Community Design Smart Growth Checklist
(Checklist) created by Built Environment Working Group (BEWG) of' the Hawaii State
Department of Health. The BEWG recommends that state and county planning departments,
developers, planners, engineers and other interested parties apply the healthy built environment
prmciplcs in the Checklist whenever they plan or review new developments or redevelopments
projects. We also ask you to share this list with others to increase community awareness on
healthy community design.
WORD:REZ 09- 000113.my
•
•
•
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1'1INSIS '.1T10": 4NOW:la:1r'IN I\1 11v1 I' };i 7.1
: ' STATE or HAWAII L.,:INFUING
I:0111 STR1 !ND V.11.1)1111.
'Cl ete 04Il:e1i� DEPARTMENT OE LAND AND INNIURAL RESOURC4 �II;lI1:I nuiIOi :P VID rol Al:IV.::•ss:ln
STATE HISTORIC PRESERVATION DIVISION 5I'AILi'Vlxx
601 KAMOK ILA BOULEVARD, ROOM 555
KAPOI.I 1. HAWAII 96707
January 8, 2010
Bobby Jean Leithead -Todd, Planning Director LOG NO: 2009.4203
Attention: Norman Hayashi DOC NO: 1001TD08
County of Hawaii Planning Department Archaeology
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720 -4224
Dear Ms. Leithead-Todd:
SUBJECT: Chapter 6E -8 Historic Preservation Review —
Change or Zone Application (REZ 09- 00011.3) for Lillie & Jane Silva
Ponahawai Altupua'a, South Hilo District, Island of Hawaii
TMK: (3) 2 -3 -037: 006
Thank you for requesting our comments pertaining to the subject application, which was received in our
office December 10, 2009. The applicants are requesting a zone change from agriculture to commercial
neighborhood, in preparation for a new office building on the 5 -acre parcel. We have previously reviewed
this application (Log 2009.1575, Doc 0904MD01.), and our letter to the Silvas is attached to the
application. We have received no new information regarding the condition of the property since our last
review. The property has been grubbing in the recent past and it was intensively cultivated for sugar prior
to 1971.
We determine that no historic properties will be affected by this project because:
® Grubbing/grading has altered the land
❑ Development /urbanization has altered the land
® Intensive agriculture has altered the land
® SI-IPD previously reviewed this project and determined that no historic properties would-be
affected (see above) -
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,?
•
IrT eresa K Donham, Lead Archaeologist
Hawai'i Island Section SCANISI ;
State Historic Preservation Division JA Li M
Planning Dept. Hy. O a,s b S
Exhibit_ q . -_ --...
Letter of Transmittal
Date: January 5, 2010
To: l From:
County of llawaii All Aina Services
Department of Planning P.O. Box 291
101 Pauahi Street Suite 3 Laupahoehoe, Hi 96764
Hilo, Hi 96720 (808) 969 -3882
•
Subject: Change of Zone Application (REZ 09- 000113)
Applicant: Gillie and Jane Silva
TMK: (3) 2 -3- 037:006
Authorized Agency: All Aina Services
I j
Original Letter of Transmittal
Responses to Agency Letters
I SCANNED
� 443
gyp'
State of Hawaii
Department of Health
P.O. Box 916
Hilo, HI 96721
January 4, 2010
Subject: Change of Zone Application (REL 09- 000113)
Applicant: Gillie and Jane Silva
Request: A -la to CN -20
TMK: (3) 2- 3- 037:006
We have reviewed your comments on the above - mentioned application, dated December
10, 2009.
if the Change of Zone is approved, the applicant will adhere to your requirements for
health air pollution, clean water, community noise control and chemical assessments.
All Aina Services
P.O. Box 291
Lauaphochoe, 1-11 96764
•
cc: County of Hawaii Planning Department
County of Hawaii
Fire Department
25 Aupuni Street, Suite 2501
Hilo, 1I1 96720
January 4, 2010
Subject: Change of Zone Application (RE% 09- 000113)
Applicant: Gillie and Jane Silva
Request: A -la to CN-20
TMK: (3) 2 -3- 037:006
We have reviewed your comments on the above- mentioned application, dated December
10, 2009.
If the Change of Zone is approved, the applicant will adhere to required fire roads and
water supply.
All Aina Services
P.O. Box 291
Lauaphoehoe, HI 96764
cc: County of Hawaii Planning Department
•
County of Hawaii
Department of Public Works
101 Pauahi Street, Suite 7
Hilo, HI 96720
January 4, 2010
Subject: Change of Zone Application (REZ 09-000113)
Applicant: Gillie and Jane Silva
Request: A -la to CN -20
TMK: (3) 2 -3- 037:006
We have reviewed your comments on the above- mentioned application, dated December
29, 2009.
If the Change of Zone is approved, your recommendations regarding drainage, floodplain
management, erosion and sediment control, traffic control devices and access will be
addressed upon development.
All Aina Services
P.O. Box 291
Lauaphochoe, HI 96764
cc: County of Hawaii Planning Department
RsilnaRfz dnc . 1119110
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOM.MENDATION
GILI.IE AND JANE SILVA
CHANGE OF ZONE APPLICATION (REZ 09 -113)
Upon careful review of the request against the guidelines for granting a change of zone,
the Planning Director is recommending that a favorable recommendation of the Change of
Zone request be forwarded to the County Council. Since this recommendation is made
without the benefit of public testimony, the Director reserves the right to modify and /or alter this
position based upon additional information presented at the public hearing. This favorable
recommendation is based on the following findings:
The applicant is requesting a change of zone from Agricultural -1 acre (A-1 a) to
Neighborhood Commercial- 20,000 square feet (CN -20). Although the CN zoned district
allows a variety of commercial uses, the applicant's current plans are to construct an
approximately 30,000- square foot office building which will be leased to tenants and/or
used by the applicants. An additional office building may be constructed in the future.
Parking and landscaping as required by the Zoning Code will be provided on -site.
Construction will begin immediately upon approval of the change of zone and will take
about eighteen months to complete at a cost of approximately $2,000,000.
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must also he considered as they may have an impact on similar areas in the
County.
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. 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 LUPAG
Map, which designates the property and the surrounding area as Medium Density Urban.
Such designation allows neighborhood commercial uses, including office and retail uses.
Several of the surrounding properties to the east and south are mainly vacant and
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. Some of the nearby properties
• to the east, along Ponahawai Street, have been rezoned within the past three years from
A -1 a to RM -4, RM -5.5 and CN -20. Additionally, the adjacent landowners (TMK 2 -3-
37:14; William and Glyrinis Dolan) to the east have recently submitted an application for
a change of zone from A-la to CN -20 and the Planning Commission recently forwarded a
favorable recommendation to the County Council for a change of zone request from A -la
to CN -20 for the nearby property to the south (TMK 2 -3- 37:19; Dr. Brian Sugai). The
subject 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.
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. However, it is unlikely that
views of Hilo Bay from Komohana Street will he obstructed by development of the
property because the land sits at a slightly lower elevation. Additionally, the Zoning
Code limits the maximum building height in the CN -zoned district to 40 feet. Even so, 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 scenic views of Hilo Bay 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. The property has
two legal access easements; a 30 -foot wide road and utility easement identified as "RU-
R" at Ponahawai Street which is shared with parcel 21 and a 15 -foot wide road and utility
-2-
easement from Komohana Street identified as "RU -9" which is shared with parcel 22.
Ponahawai Street and Komohana Street are both County roadways with a right -of -way
width of 60 feet. The applicant intends to utilize the Ponahawai Street access as their
primary access to the property. This access aligns with the Ka Wacna Lapaau medical
complex access located across Ponahawai Street. The Planning Department recommends
the creation of an access easement to provide internal circulation between the subject
property and TMK 2 -3- 37:14. This easement should generally be aligned as shown in
Exhibit 2 of the application so that both properties have more than one point ingress and
egress at Ponahawai Street. This would improve the overall flow of traffic for these
proposed commercial developments.
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. The Department of Public Works (DPW) recommends that access to and
from Komohana Street via the 15 -foot wide road and utility casement identified as "RU-
9" be physically limited to right -turn in and right -turn out movements only. 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 if left -turn movements were allowed.
The Planning Department is recommending the placement of "no left - turn" sign(s) in
addition to a physical barrier. The DPW is also recommending that the applicant
provide pavement widening with concrete curb, gutter, sidewalk, drainage, and utility
relocation Improvements to the property's Komohana Street frontage. These
recommendations will be included as conditions of approval for the charge of zone.
The proposed 30,000 - square foot office building will generate approximately 47
peak hour trips. However, to be consistent with the concurrency requirements of the
Zoning Code, a condition of approval will require submittal of a Traffic Impact
Analysis Report (TIAR) if the 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
-3-
i •
responsible for constructing any improvements identified in the TIAR required by the
DPW.
The project site has no severe geological or topographical problems which can
not be properly rectified or which would render the land unusable. However, a portion
of the property is located in flood zone "A" which is a special flood hazard area
inundated by the 100 -year flood. The applicant will submit a drainage study to the
DPW. Additionally, 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 "A" flood zone.
County water is available from an existing 8 -inch waterline fronting the property
along Ponahawai Street and an existing 12 -inch waterline within Komohana Street. The
12 -inch waterline is capable of providing the required 2,000 gallons per minute of water
flow for fire protection for commercial land uses. The proposed request requires the
installation of a reduced pressure type backflow prevention assembly within five feet of
the existing water meter or any additional water meters. 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 a public sewer line is extended to the properties frontage
along Ponahawai Street or Komohana Street. Solid waste will he disposed of by private
contractor to the Hilo Landfill or other site designated by the Department of
Environmental Management. Electrical and telephone services are available to the
property. Police, fire and medical services are available less than two miles from the
property.
The request is not contrary to Chapter 205A, Hawaii Revised
Statutes, relating to the Coastal Zone Management Arca. 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
-4-
by coastal hazards or affect beach erosion, coastal recreational resources, coastal
ecosystems and marine resources.
In view of the Hawat`i State Supreme Court's "PASH" and "Ka Pa'akai 0
Ka l4ina " decisions, the issue of native Hawaiian gathering and fishing rights must be
addressed in tenns of the cultural, historical, and natural resources and the associated
traditional and customary practices of the site:
• Investigation of valued resources: No formal archaeological reconnaissance
survey, oral history of kama`aina 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 tier 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 April 1, 2009, the DLNR -SHPD stated that no historic properties will
he 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 tlora in the area are
particularly desircd 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 -
1-acre (A -la) 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.
-5-
1
•
The accompanying draft bill to amend end Section 25 -8 -33 Cit o f Hilo Zone Map), y )
p. , Articic
8, Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable
consideration. Please note the proposed conditions of approval attached to the draft bill.
-6-
J"tY OF 1FY;•.
COUNTY OF HAWAII :A '= '. •I': STATE OF HAWAII
• BILL NO.
ORDINANCE NO.
(PLANNING DEPT.)
AN ORDINANCE AMENDING SEC "I'ION 25 -8 -33 (CITY OF HILO ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983
(2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL -- ONE ACRE (A -1 a) TO NEIGHBORHOOD COMMERCIAL 20,000
SQUARE FEET (CN-20) AT PONAHAWAI, SOUTH HILO, HAWAII, COVERED BY TAX
MAP KEY: 2- 3- 037:006.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25 -8 -33, Article 8, Chapter 25 (Zoning Code).of the Hawai`i
County Code 1983 (2005 Edition), is amended to change the district classification of property
described hereinafter as follows:
The district classification of the following area situated at Ponahawai, South Hilo,
Hawaii, shall be Neighborhood Commercial -- 20,000 square feet (CN -20):
Beginning at the northeast corner of this parcel of land and on the south side of
Ponahawai Street, the coordinates of said point of beginning referred to Government
Survey Triangulation Station "HALAI" being 1,101.86 feet South and 157.66 feet East
and running by azimuths measured clockwise from True South:
1. 345° 40' 445.00 feet along Lot 11;
2. 252' 20' 171.53 feet along Lot 11;
3. 246" 05' 150.10 feet along Lot 10;
4. 333° 10' 220.00 feet along Lot 7;
5. 69° 08' 644.58 feet along Lot 13;
-1-
6 Thence along the cast side of Komohana Street, along a curve to the right having a
radius of 2960.00 feet, the chord azimuth
and distance being.
163' 2 6' 25" 229.97 feet;
7. 165* 40' 232.89 feet along the east side of Komohana Street,
8. 190' 30' 69.34 feet along the east side of Komohana Street;
9. 140* 00' 45.92 feet along the east side of Komohana Street;
10. Thence along the south edge of Flood Zone "A" and all its wmdines as shown on
approved subdivision plan 7389 and Lot
12 -A, the direct azimuth and distance being:
274` 29' S0" 256.99 feet;
11. 165' 40' 214.11 feet along Lot 12 -A;
12. 255' 40' 30.00 feet along the south side of Ponahawai Street
to the point of beginning and containing an
area of 5.075 acres.
•
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25 -2 -44, Hawaii County Code 1983 (2005
Edition), the County Council finds the following conditions are:
Necessary to prevent circumstances which may be adverse to the public health, safety
and welfare; or
(1) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
SEE ATTACHED CONDITIONS
•
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF IIAWAI`I
, Hawai`i
Date of Introduction:
Date of 1st Reading. •
Date of 2nd Reading:
Effective Date:
•
-3-
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25 -8 -33 (CITY OF HILO ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL - ONE ACRE (A -1 a) TO
NEIGHBORHOOD COMMERCIAL - 20,000 SQUARE FEET (CN -20)
AT PONAHAWAI, SOUTH HILO, HAWAII
MAP PREPARED BY:
COUNTY OF HAWAII, PLANNING DEPARTMENT
a DATE December 22, 2009
TMK 2 -3 -037 006
EXHIBIT "A" Girlie & Jane Silva
Map 1284
C'SiIvaREZ doc -1 /1 !-10
GILLIE AND JAN F, SILVA
CHANGE OF ZONE APPLICATION (REZ 09 -113)
CONDITIONS OF APPROVAL
A. The applicant(s), successors or assigns shall be responsible for complying with all of the
stated conditions of approval.
B. Prior to the issuance of a water commitment by the Department of Watcr Supply, the
applicants shall submit the anticipated maximum daily water usage calculations as
recommended by a registered engineer, and a water commitment deposit in accordance
with the "Water Commitment Guidelines Policy" to the Department of Water Supply
within 180 days from the effective date of this ordinance.
C. The applicants shall install a reduced pressure type backflow prevention assembly within
five (5) feet of the existing water meter and any additional water meters on private
property, which must be inspected and approved by the Department of Water Supply
prior to issuance of a Certificate of Occupancy.
D. The applicants shall relocate and adjust the Department of Water Supply's water system
facilities that are affected by construction of improvements within the Ponahawai Street
right -of -way fronting the subject property . that are required by this permit.
E. Construction of the proposed improvements shall be completed within five (5) years from
the effective date of this ordinance. This time period shall include securing Final Plan
Approval from the Planning Director in accordance with Section 25 -2 -70, Chapter 25
(Zoning Code), Hawai`i County Code.
F. Development of the property shall be designed and constructed in a way to minimize
obstruction of the scenic views of Hilo Bay from Komohana Street.
G. Prior to issuance of Final Plan Approval, the applicants shall grant a minimum 30 -foot
wide access easement on the subject property, in favor of the adjacent landowner(s)
(TMK: 2 -3- 37:14), in order to connect the access at Ponahawai Street on TMK 2 -3 -37:14
to the access at Ponahawai Street on the subject property for the purpose of providing
internal traffic circulation between the two properties.
H. Access at Komohana Street shall be through road and utility easement "RU -9 "and shall
be limited to right -turn in and right -turn out movements only.' This access shall be shared
•
• with the adjacent parcel (TMK: 2 -3- 37:22). Prior to the issuance of a Certificate of
Occupancy, the applicants shall install "no left- turn" sign(s) and a physical barrier at the
property access to prevent left-turns into and out of the access driveway. All
improvements shall meet with the approval of the Department of Public Works.
Access connections to Ponahawai Street and Komohana Street shall conform to Chapter
22 (County Streets) of the Hawaii County Code.
J. Prior to the issuance of a Certificate of Occupancy, the applicants shall provide full
improvements to the property's frontage along Komohana Street consisting of, but not
limited to, pavement widening with concrete curb, gutter and sidewalk, drainage
improvements, and any required utility relocation, meeting with the approval of the
Department of Public Works.
K. Streetlights and traffic control devices, as may be required by the Traftic Division,
Department of Public Works, shall be installed by the applicants at no cost to the County.
L. Should the applicants submit plans to develop a land use beyond what is proposed in the
application, which the Planning Department in consultation with the Department of
Public Works determines will generate over 50 peak hour trips, a Traffic Impact Analysis
Report (TIAR) shall be submitted for review and approval by the Department of Public
Works prior to Final Plan Approval. The applicants shall implement when required by
the Department of Public Works, at no cost to the County, any transportation
improvements deemed necessary by the Department of Public Works.
M. Any construction within the designated FEMA flood zone shall comply with the
requirements of Chapter 27, Floodplain Management. of the Hawai `i County Code.
N. All development- generated runoff shall be disposed of on -site and shall not be directed
toward any adjacent properties. A drainage study shall be prepared and submitted to the
Department of Public Works prior to the issuance of Final Plan Approval. Any drainage
improvements, if required, shall be constructed meeting with the approval of the
Department of Public Works prior to the issuance of a Certificate of Occupancy.
O. During construction, measures shall be taken to minimize the potential of both fugitive
dust and runoff sedimentation. Such measures shall be in compliance with construction
industry standards and practices utilized during construction projects of the State of
Hawai'i.
P. All earthwork activity, including grading and grubbing, shall conform to Chapter 10,
Erosion and Sedimentation Control, of the Iiawai'i County Code.
Q. Comply with Chapter 1 1 -55, Water Pollution Control, Ilawai'i Administrative Rules,
Department of Health, which requires a NPDES permit for certain construction activity.
R. Construction activities must comply with the provisions of llawai'i Administrative Rules,
Chapter 11 -46, "Community Noise Control."
S. The applicants shall install a septic system(s) meeting with the requirements of the
Department of Health prior to the issuance of a Certificate of Occupancy. In the future,
should a public sewer system be installed in Ponahawai Street or Komohana Street
fronting the subject property, the applicants shall connect to the sewer system.
T. A Solid Waste Management Plan shall be submitted to the Department of Environmental •
Management for review and approval prior to Final Plan Approval.
U. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell
concentrations or human burials be encountered, work in the immediate area shall cease
and the Department of Land and Natural Resources - State Historic Preservation Division
(DLNR -SHPD) shall be immediately notified. Subsequent work shall proceed upon an
archaeological clearance from the DLNR -SHPD when it finds that sufficient mitigation
measures have been taken.
V. To ensure that the Goals and Policies of the Housing Element of the General Plan are
implemented, the applicants shall comply with the requirements of Chapter 11, Article 1,
Hawaii County Codc relating to Affordable Housing Policy. This requirement shall be
approved by the Administrator of the Office of Housing and Community Development
prior to final plan approval or final subdivision approval for any new residential
structures.
W. If the applicants, successors, or assigns develops residential units on the subject property,
the applicants shall make their fair share contribution to mitigate the potential regional
impacts of the property with respect to parks and recreation, fire, police, solid waste
disposal facilities and roads. The fair share contribution shall become due and payable
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prior to receipt of Final Plan Approval. The fair share contribution for each lot shall be
based on the actual number of residential units developed. The fair share contribution in
a form of cash, land, facilities or any combination thereof shall be determined by the
County Council. The fair share contribution may be adjusted annually beginning three
years after the effective date of this ordinance, based on the percentage change in the
Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a
combined value of $7,698.11 per multiple family residential unit ($11,996.63 per single
family residential unit). The total amount shall be determined with the actual number of
units according to the calculation and payment provisions set forth in this condition. The
fair share contribution per multiple family residential unit (single family residential unit)
shall be allocated as follows:
1. $3,797.26 per multiple family residential unit ($5,784.99 per single family
residential unit) to the County to support park and recreational improvements and
facilities;
2. $120.01 per multiple family residential unit ($279.07 per single family residential
unit) to the County to support police facilities;
3. $369.17 per multiple family residential unit ($551.20 per single family residential
unit) to the County to support fire facilities;
4. $164.54 per multiple family residential unit ($241.32 per single family residential
unit) to the County to support solid waste facilities; and
5. $3,247.12 per multiple family residential unit ($5,140.06 per single family
residential unit) to the County to support road and traffic improvements.
In lieu of paying the fair share contribution, the applicants may contribute land and /or
construct improvements /facilities related to parks and recreation, fire, police, solid waste
disposal facilities and roads within the region impacted by the proposed development,
subject to the review and recommendation of the Planning Director, upon consultation
with the appropriate agencies and approval of the County Council
X. Should the Council adopt a Unified impact Fees Ordinance setting forth criteria for
imposition of exactions or the assessment of impact fees, conditions included herein shall
be credited towards the requirements of the Unified Impact Fees Ordinance.
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Y. The applicants shall comply with all applicable County, State and Federal laws, rules,
regulations and requirements.
Z. An initial extension of time for the perfhnnance of conditions within the ordinance may
be granted by the Planning Director upon the following circumstances:
1. The non - performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicants, successors or assigns,
and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
3. Granting of the time extension would not he contrary to the original
reasons for the granting of the change of zone.
4. The time extension granted shall be far a period not to exceed the period
originally granted for performance (I.e., a condition to be performed within
one year may be extended for up to one additional year).
5. If the applicants should require an additional extension of time, the
Planning Director shall submit the applicant's request to the County
Council for appropriate action.
AA. Should any of the conditions not be met or substantially complied with in a timely
fashion, the PIanning Director may Initiate rezoning of the subject area to its original or
more appropriate designation.
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