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COM 0754.000 2008-2010
J�70•M\ . -. /' �'' ' William T. Takaba L i .. ybg.\• VV111ia not : t • �';C �/� Managing Director Mayor Nally Lau r�................. Deputy Managing Director County of Hawaii 891 UluIan' Street • Hilo, Hawar' 96720 -3982 • (808) 961 -8211 • Fax (808) 961 -6553 February 25, 2010 KONA 75 -5706 Kuaklnt Highway, Suite 103 • Kailua -Kona, Hawaii 96740 (8081329 - • Fax (808) 326-5663 • . r •a o _ Honorable J Yoshimoto, Chatmran C) and Members of the County Council OO = County ofHawai C' ) i . ! 1 25 Aupuni Street —C - . • Hilo, HI 96720 Dear Chairman Yoshimoto and Members: L rl ,� f:' i z` State Land Use Boundary Amendment Application (SLU 09- 000024) v Request Agricultural to Urban Change of Zone Application (REZ 09- 000110) Request• A-20a to ML -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 -la to CN-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 Kev: 24-28:09 — As required by Chapter 4, Sec 6- 4.3(0 Hawaii County Charter, transmitted herewith for the County Council's consideration and action arc the Planning Commission's letters and enclosures regarding the above - referenced requests. Sinrrel . v William P. Kenos Mayor Enclosures �� cc: Planning Department Comm Igo. Ref. To: Ci < 13i 1I .la 7 Ref. Date MAR 15 2010 V VOl N �.; .'/, t .l .M . County of Hawaii PLANNING C0Mb11SSION Aupum Center • I61 Pauahi Street, Suite 3 • Ililo, I Iowa!' 96720 Phone NIX) 061 -S2S.s • Fax 18'I8 l Ool -8742 February 25, 2010 The Honorable ,1 Yoshintoto, Chairman and Members of the County Council County of Hawaii] 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yoshimoto and Council Members: Change of Zone Application (RGZ_ 09-000111) Applicant: William and Glynms Dolan Request: A -1a to CN -20 Tax Map Key: 2 -3 -37:14 The Windward Planning Commission at its duly held public hearing on February 5, 2010, voted to recommend for your approval the proposed legislative hill for a Change of Zone from Agricultural I acre (A -la) to Neighborhood Commercial — 20,000 square feet (CN -20) For approximately 3.258 acres of land. The property is located off the south side of Ponahawai Street, approximately 700 feet east of the Komohana Street Ponahawai Street intersection, South Hilo, 1 lawait. The Commission concurs with the following Planning Director's reasons for recommending l consideration of the request' The applicant is requesting a change of zone from .Agricultural -1 acre (.A-la) to Neighborhood Commercial- 20,0011 square loot (CN-20). Although the CN zoned district allows a variety of commercial uses, the applicant's current plans are to construct an approximately 30,01)0- square foot office building which will be leased and/or used by the applicants for the operation of their accounting firm. An additional office building may he 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 two years to complete at a cost of approximately 52,000,000. Hannt'1 County t.A an Equal Opportunely Prol'nit r and Limpinrrr The l lonorablc J Yoshimoto, Chairman and Members of the County Council Page 2 In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The change of zone request from 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 LILIPAG 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 north, east and west 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 north. between Ponahawai Street and the subject property, 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 ('I'MK 2- 3- 3 Gilhc and Jane Silva) to the west have recently submitted an application for a change of zone from A -1 a to CN -20. The subject property is identified by the Agricultural Lands of Importance to the State of 1lawaii (ALISH) System as Existing Urban Development. Soils within the property and surrounding area are unclassi lied for agricultural productivity by the Land Study Bureau. Thus, the applicant's request is consistent with surrounding land uses and zoning. • The General Plan identities the viewpoint on the hilltop overlooking Ililo Bay in the nay 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 lower elevation. Additionally, the Zoning ('ode limits the maximum building height to 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 Ililo 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 The Honorable J Yoshimoto. Chairman and Members of the County Council Page 3 All essential utilities and services are available to the site. The property has a 45 -foot wide access at Ponahawai Street. which is a County owned roadway with a 24- foot pavement width within a 60 -foot wide right -of -way. When the subject property and surrounding lands were originally subdivided as part of the Ka Palani Kula Subdivision. the Planning Department limited the number of driveways at Ponahawai Street through the creation of access easements for most of the lots fronting Ponahawai Street. Future commercial driveways on Ponahawai Street should be consolidated as mulch as possible to allow for the continued efficient flow of traffic along Ponahawai Street. Therefore, the Planning Department is recommending the subject property's driveway be consolidated with the adjacent property's driveway to the east should that property be developed in the future with commercial or multiple-family uses. Compared to agricultural or single-family dwelling uses, these uses would cause more frequent use of the driveway. The Planning Department also recommends the creation of an access easement to provide internal circulation between the subject property and TMK 2- 3- 37:06. This casement should generally be aligned as shown 111 Exhibit 2 of the application so that both properties have more than one ingress and egress at Ponahawai Street. This would improve the overall flow of traffic for these proposed commercial developments These recommendations will he included as conditions of approval for the change 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 (TI..4R) 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 responsible for constructing any improvements identified in the TZAR required by the DPW. The project site has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. 1 lowever, a portion of the property adjacent to the Alenaio drainage channel is located m flood zone "AF" which is a special flood hazard area inundated by the 100 -year flood where base flood elevations have been determined. Flood zone "A" which is a special flood hazard area inundated by the 100 -year flood, also runs across the northern portion of the property. The applicant will submit a drainage study to the Department of Public Works. 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 The Honorable .l Yoshimoto, Chairman and Members of the County Council Page 4 requirements of Chapter 27, Floodplatn Management, of the Hawm'i County Code for construction within the "AE" flood zone and buffer zone which specifies, among other things, mununum building elevation requirements. County water is available from existing 8-inch and 6 -inch waterlines fronting the property along Ponahawai Street. However, these waterlines are not capable of providing the required 2.000 gallons per minute of water flow for frrc protection for commercial land uses. The Department of Water Supply recommends that the applicant install an additional waterline within Ponahawai Street or implement an alternative method acceptable to the Fire Department in order to meet the minimum water flow requirement for lire protection. The proposed request would also require 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. 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 smiles 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 Arca. Theretbre. the property will not be 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 "PASH" and "Ka Pa'akar 0 Ka 'Al na "decisions, the issue of native I lawaiian gathering and fishing rights must he addressed in terms 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 I lonorable J Yoshimoto, Chairman and Members of the County Council Page 5 • 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 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 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 -1 a) to a Neighborhood Commercial - 20,000 - square foot (CN -20) zoned district would result in an appropriate land use pattern that would further benefit the general public. For your favorable consideration, an amendment to Section 25-8-33 (City of Hilo Zone Map) of the County Zoning Code is transmitted. The Honorable .1 Yoshimoto, Chairman and Members ot'the County Council Page 6 We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, 4 Rell Woodward. Chairman Windward Planning Commission Ldol anrcz09 -000 1 1 1 I'C2 Enclosures cc: William and Glynnis Dolan All Ama Services Department of Public Works Department of Water Supply Department of Land K Natural Resources -FWD Lincoln Ashida, Esq., Corporation Counsel • BDoIanItEz dui; -I /15/10 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT WILLIAM AND GLYNNIS DOLAN CHANGE OF ZONE APPLICATION (REZ 09 -111) WILLIAM AND GLYNNIS DOI.AN have submitted an application for a Change of Zone from Agricultural 1 -acre (A -la) to Neighborhood Commercial- 20,000 square feet (CN -20) for approximately 3.258 acres of land. The property is located between Ponahawai Street and the Alenaio drainage channel, approximately 700 feet east of the Komohana Street - Ponahawai Street intersection. Ponahawai, South Hilo, Hawaii, TMK: 2 -3- 37:14. PROPOSED DEVELOPMENT I . Request: Change of zone from A -la to CN -20 for 3.258 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 and /or used by the applicants for the operation of their accounting firm. 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 two years to complete at a cost of approximately 52,000,000. (Planning Department (P.D.) Exhibit 1 - Change of Zone application and P.D. Exhibit 2 - December 17, 2009 letter) 3. Landowner: William and Glynnis Dolan. STATE AND COUNTY PLANS 4. SLU Designation: Urban. 5. GP LUPAG Map: Medium Density Urban. 6. County Zoning: Agricultural -1 acre (A -la). 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 • -1- ATTACH: Cain. 754 Bill 227 • 8. Subject Property: The property is a flag lot with an approximately 425 -foot long, 45- foot wide pole portion that extends from Ponahawai Street to the main portion of the property. Except for its access, the property does not have frontage along Ponahawai • Street. The Alenaio drainage chaumel runs along the southern boundary of the property. An 80 -foot wide drainage easement crosses the middle of the property. The property is currently vacant but was formerly planted in sugar cane. 9. Surrounding Land Uses /Zoning: The nearest residences are located south of the property beyond the Alenaio drainage channel, in the Hilo Town Lots subdivision which is zoned RS -7.5. Several of the nearby properties to the north, between Ponahawai Street and the subject property, have been rezoned within the past three years from A -la to RM- 4, RM -5.5 and CN -20, and are mainly vacant except for a 4 -plex apartment building and a single- thmily dwelling. Vacant lands to the east and west are zoned A -1 a; however the adjacent landowners (TMK 2- 3- 37:06; Gillie and Jane Silva) to the west have recently submitted an application for a change of zone from A-la to CN -20. 10. U.S.D.A. Soil Type: HOD, Hilo silty clay loam, 10 to 20 percent slopes. Runoff is medium and the erosion hazard is slight to moderate. 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 the "AE" and "A" flood zones, which are special flood hazard areas inundated by the 100 -year flood. In the "AE" flood zone, which is the location of the Alenaio drainage channel, base flood elevations have been determined. • 14. Flora /Fauna Resources: No professional floral or faunal survey was prepared, as the property is an abandoned sugar cane cultivation area and has been recently grubbed. Vegetation on the property consists of California and Wainaku grass, gunpowder tree, African tulip tree and guava. None of these species are endangered. According to the applicant, due to the property's close proximity to urban areas it is not likely to have endangered faunal species hut rather feral cats, rats and mongoose likely utilize the area. • • 15. Archaeological /CulturaUHistorical 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 DI.NR 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 he designed and constructed without significantly reducing the scenic views of Hilo Bay. 17. Public Access: There 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 I ". UTILITIES AND SERVICES - 19. Access: The property has a 45 -foot wide access from Ponahawai Street, which is a County roadway with a 24 -foot pavement width in good condition within a 60 foot wide right -of -way. 20. Water: County water is available from existing 8 -inch and 6 -inch waterlines within Ponahawai 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. These existing waterlines arc not capable of providing the required 2,000 gallon per minute of water flow for fire 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. -3- 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 Hilo Landfill. 23. Utilities and Services: Electricity and telephone services can he made available to the property. Police, fire and medical services are available nearby m Hilo. AGENCIES' COMMENTS 24. Department of Public Works (DPW): P.D. Exhibit 3 — December 28, 2009 memo 25. Department of Water Supply: P.D. Exhibit 4 — January 8, 2010 memo 26. Department of Environmental Management: P.D. Exhibit 5 — December 4, 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. Office of ]lousing and Community Development (OHCD): P.D. Exhibit 8 — December 9, 2009 memo 30. Department of Health (DOH): P.D. Exhibit 9 — December 3, 2009 memo 31. Department of Land and Natural Resources (DLNR) - Historic Preservation Division: Y.D. Exhibit 10 — January 11, 2009 letter AGENCIES - NO COMMENT /CONCERNS 32. DLNR- Land Division. AGENCIES - NO RESPONSE 33. HELCO, Department of Agriculture, Natural Resources Conservation Service. APPLICANT'S RESPONSE TO AGENCIES 34. P.D. Exhibit 11: Letter of transmittal from All Aina Services dated January 5, 2010 containing responses to Fire Department, OIICD, DOH and DPW. PUBLIC COMMENTS 35. None as of this writing. 4 CHANGE OF ZONE APPLICATION APPLICANT: WILLIAM AND GLYNNIS DOLAN AGRICULTURE la TO COMMERCIAL NEIGHBORHOOD 20 TMK: (3) 2 -3- 037:014 Planning Dept. Exhibit i CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: William R. & Glynnis T. Dolan APPLICANT'S SIGNATURE: ✓i ° 2-14 / 1 1 . I 0 `DATE:__ 707 ADDRESS: 16A Railroad Avenue / Hilo. HI 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) 935 -5433 (Res.) (Fax) 935 -5434 LANDOWNER(S): William E. & Glynnis T. Dolan LANDOWNER SIGNATURE(S): DATE: (May be by letter) LANDOWNER(S) ADDRESS: 16A Railroad Avenue Hilo, HI 96720 REQUEST: A -la TO CN -20 (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 2 -3- 037:014 STREET ADDRESS OF PROPERTY: Ponahawai Street Hilo, HI 96720 SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 3.258 acres AGENT: All Aina Services ADDRESS: P.O. Box 291 Laupahoehoe, HI 96764 TELEPHONE:(Bus.) 969 -3882 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ATTACHMENT C ommercial) RM, Resort, & Industrial PLANNING DEPARTMENT COUNTY OF HAWAII • APPLICATION FOR CHANGE OF ZONE I. if your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? NO If yes, please answer the rest of question I and then to question 3. ' a How many acres of the requested area do you intend to subdivide? b. Into what lot sizes? c if your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? :f you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you nave no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? NO b. Sell or lease the land to someone who has tentative plans? NO c. Sell or lease the land to someone who has no plans? NO 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: 2 YEARS UI'ON 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, Not yet If so, please elaborate on your findings in the space provided below. N/A 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 Is the subject land currently being used for any agricultural activity? O if so, please list the kinds of products grown on and how many square feet or acres of land per product? N/A -3- To your knowledge, has there been any flooding and /or drainage problem on the subject area? NO If so, please describe the problem. 9. Do you think that the roads leading to the subject area needs improvement? NO If so, what kind? Is the road adequate for the proposed traffic volume or load? YES 1 What sort of governmental assistance and /or improvements do you feel will be needed in the subject area when developed? yes NO a. Schools NO b. Roads NO Sewer NO • d. Drainage NO e. Police Protection NO f. Fire Protection NO g. Recreational Facilities NO h. Recreational Facilities NO -4- • For those checked "yes," please elaborate what type or kinds of improvements and /or assistance are needed. N/A 11. Have you performed any historic sites study and /or survey of the subject area? If so, what were the results? Please, also, submit a copy of the study together with this change of zone supplement. NO Signature: 46 --6 M-. -/2, 4 -in- Address: 16A Railroad Avenue Hilo, HI 96720 Telephone: (808) 935 -5433 Date: -5- AllRA /Sf1A • Background Report and Environmental Report For The Application for a Rezoning Request (A -la to CN -20) TMK 2 -3 -37:14 Ponahawai, South Hilo 1. INTRODUCTION The applicants, William and Glynnis Dolan, are the owners of the subject parcel that constitute this zoning application. The lot is located within the Ka Palani Kula Subdivision originally located at the southeastern corner of the intersection of Komohana Street and Ponahawai Street. The parcel is approximately three acres in size. The applicants would like to rezone their property from Agricultural -1 acre to Commercial Neighborhood -20. The Dolans, owners of TMK 2 -3- 037:014, would like to construct an office building on the subject parcel. II. PROJECT LOCATION Parcel TMK 2 -3 -37:14 (hereinafter referred to as the subject parcel) is a flag lot. It's pole portion exits onto Ponahawai Street nearly 700 feet east of the intersection of Ponahawai and Komohana Street. The pole extends 425 feet to the south from Ponahawai to the bulk of the 3.258 acre lot (see site plan and location map) 111. PROJECT DESCRIPTION. a. Project concept: This applicant would like to develop an office structure approximately 30,000 square feet in size. The project is still in its very conceptual stage. The applicants currently operate their accounting firm in a structure off of Railroad Avenue in Hilo, which is leased from the State of Hawaii. They may consider moving to the project location, • however the project is also an investment opportunity as a long -term income generator. They may possibly construct another office building in the future. Access to the complex would be via the pole portion of the parcel, exiting off of Ponahawai Street, which is 45 feet wide. 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. The project is expected to cost approximately $2,000,000. Private financing will be procured. c. Parking: Parking stalls and internal circulation will be provided on site as will be required through the zoning and other code requirements, especially as the stall requirements will be dependant on specific commercial uses. The applicant intends to comply with these requirements. d. Traffic: Based on the applicants' existing office use, it is anticipated that approximately ten (10) trips per day would be generated. Since the project is still in its conceptual stage and other specific commercial uses have not been identified, trip generations for the remainder of the building have not been determined. As the proposed structure is below the minimum required through the concurrency sections of the code, a traffic study was not performed. e. On -site and off -site infrastructure: In addition to the necessary parking requirements, the applicant will provide for on -site driveways and internal circulation, sewage, drainage, water and other utilities. Off-site infrastructure such as curbs, gutters, sidewalks, turn lanes and sibmage will be provided as required by the appropriate government 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 zone designation is consistent with the Urban 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 ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. The applicant intends to comply with these requirements. d. Traffic: Based on the applicants' existing office use, it is anticipated that approximately ten (10) trips per day would be generated. Since the project is still in its conceptual stage and other specific commercial uses have not been identified, trip generations for the remainder of the building have not been determined. As the proposed structure is below the minimum required through the concurrency sections of the code, a traffic study was not performed. e. On -site and off -site infrastructure: In addition to the necessary parking requirements, the applicant will provide for on -site driveways and internal circulation, sewage, drainage, water and other utilities. Off -site infrastructure such as curbs, gutters, sidewalks, turn lanes and signage will be provided as required by the appropriate government 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 zone designation is consistent with the Urban 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 ease of access to • community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Encourage the development and maintenance of communities • meeting the needs of its residents in balance with the physical and social environment. • Provide for commercial developments that maximize convenience to users. • Distribution of commercial areas shall meet the demands of neighborhood, community and regional needs. 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 parcels are within the State Land Use Urban District, they are nevertheless zoned Agricultural one -acre, probably based on past usage as a sugar cane plantation in the area, which was terminated in the 1970's. The Agricultural zone does not accommodate the proposed urban uses. e. Community Development Plans: The Hilo Community Development Plan, (Hilo CDP) adopted by the Planning Commission in 1975 designates the area for 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." It should be noted that the CDP was adopted over thirty years ago under the provisions of the original General Plan which was adopted in 1971. Two revisions to the General Plan have since been adopted, in 1989 and 2005. The economic, population and settlement assumptions under which the 1971 General Plan and the Hilo CDP were adopted have since changed and the surrounding land uses reflect a slightly different pattern. In fact, the present surrounding land use reflects a slightly different pattern with commercial Offices. 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. • 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 flag lot parcel has its pole portions extending north from the main parcel area that does not directly front onto . 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. It is bordered on the south by the Alenaio Stream channel and a drainage easement runs along the northern portion of the parcel. 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 (ALTSH) designation: As the site is located within an urban area, it is not designated as "important " according to this State Classification system. e. U.S.D.A. Natural Resources Conservation Services Soil Service Report: . Soils 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, California grass, guava, ohia and tree fern. f. Land Study Bureau soil rating: The Land Study Bureau Overall Master Productivity rating classifies the area as Urban, unclassified. g. Flood Insurance Rate Map (Finn) designation: Three 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 along its north side. A flood zone designation "AE" occurs along its southern side. Structural elevations between 166 to 196 feet above sea level would be required of all proposed buildings under this "AE" designation. A draft FIRM preliminary map revising the existing maps is presently under review by federal, state and county agencies. The revised maps indicate that the "AE" designation which crosses the southern portion of the parcel will be outside the subject parcel and would not affect the parcel. The "A" designation has shifted slightly southward (See draft FIRM map). h. Existing drainage ways or improvements: The flood zone A is an existing, unimproved drainage way along the north side. No structural elevation determinations have been made for this type (A) of flood designation. However, no alterations in grade and contour can be made, and a 50 foot structural setback is required. There is a drainage easement (0-8) in the northeast corner of the parcel consisting of .331 acres. Any improvements needed to this drainage easement to access the rear of the property will be addressed by a civil engineer at the timc of plan design. The AE designation is the improved Alenaio Stream drainage channel along the south side of the subject parcel (See previous discussion). 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 Health, Clean Air Branch. The windward area of Ilawaii 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 Ponahawai Street. It is not likely that significant noise impacts would affect residential properties to the south, as it is separated by the Alenaio drainage channel, and construction would take place during normal working hours. Landscape and structural buffers could be installed to minimize noise. Water quality should not be impacted as Department of Health regulations requiring on- site containment and non pollution of outside water will be adhered to. j. Historic and Cultural Resources: There are no archaeological, cultural or historic sites on the subject parcels as the area was extensively cultivated in sugar cane. Likewise cultural resources associated with traditional and customary native lIawaiian 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 original Ka Palani subdivision was being grubbed. (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 Califomia 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. In the General Plan, the entire plat is listed as a natural beauty site in the district of South Hilo for the hilltop view looking over Hilo Bay. Because of the topography of the lot, the two-story building could be designed and constructed without interfering with this view. m. Public access: No public access or trails have been identified with the project area. n. Social settlement patterns for the area: Komohana Street was extended in the southerly direction from Waianucnue Avenue shortly after the 1960 tsunami destroyed residential and commercial areas in the coastal Hilo urban core. Residential 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 until 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 multiple - family residential uses have been granted in the past eight years for the adjoining area. o. Economic resources of the area: The project area is within the urban Hilo area 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 accommodate tourists. Several bed and breakfast type facilities are also located in neighborhoods within close proximity to the project area. Two cruise ships weekly port at Hilo Harbor. Since the closure of several sugar plantations during the 70's and into the 80's, there have been no large -scale agricultural operations in the Hilo area. However, truck farming and flower nurseries occur in and around the Hilo urban area. 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. It is presently being grubbed and being readied for development. Most of the recently rezoned parcels however. have not yet been actually developed according to the new zonings. VI. PUBLIC FACILITIES AND SERVICES a. Access: Access to the parcel is directly from Ponahawai Street, a county owned street that has a 24 -foot pavement width within a 60 -foot road right of way. b. Water: Municipal water is available from an existing 8 -inch water line along Ponahawai 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 projects 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 with fire services to the east and both police and civil defense to the southeast. f. Schools: The project area is within the Hilo 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 located 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 of the few sizeable vacant areas within the city of Hilo. Should the requested zoning be granted, it would allow for a more intensive and efficient use of the land. Such centralization of urban uses within the Hilo core, maximizes use of government services and facilities. b. Mitigative measures: Potential impacts to the immediate surrounding areas, such as traffic along Komohana and Ponahawai Streets may be mitigated through right turn -in, right turn out only accesses. Moreover, conditions of approval can require that the applicants provide the necessary mitigative measures, which must be implemented prior to actual development or through subsequent administrative implementation permits. Further other potential impacts to drainage, water and air quality are subject to federal regulations that are intended to minimize potential impacts c. Alternatives to the proposed development: A denial of the proposed rezoning request could result in the alternative of the status quo, i.e. vacant land use. Or the project area could be subdivided into one -acre parcels to be used for agricultural or residential purposes. While such low - density uses are possible, they would not be fully utilizing the area as envisioned by the County General Plan, which looks to the area for medium density urban uses. d. Irreversible and irretrievable commitments of natural resources: As lands that had been in sugar cane cultivation for decades, the area has been grubbed many times over. Unused, exotic secondary growth now covers the project area. 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Wn u t � • i1: ,IN R. 1": a 1 IV' 1 � , to. 9 T id°. i n:e.:: / i t N • p1 tl 3a I ` l9. r,.;,:u,l,we,a, epi + I rb J .. %• , N 1 a 1 ' 1•M lnnwel'Ir. Ir t,wnl '•MU1 lv in I .. ', 14 < pN ` .le , ° 1 .. ,, ,,,, IN1•a I. duo. 04.IAIrl1YL', . . , i +r xm "Ti Ind � Isis. 'nsa hen •r '1 LOT 7 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 6 and on the southeasterly side of Ponahawai Street the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAL" being 893.70 feet South and 565.39 feet East and running by azimuths measured clockwise from true South: 1. .322° 30' 882.81 feet along Lot 6 to a point in the middle of Alenaio Stream; thence along the middle of Alenaio Stream along R. P. 5706, L. C. Aw. 8521 -8 for the next ten (10) courses, the direct azimuths and distances being: 2. 88° 06' 43" 23.63 feet; 3. 49° 22' 28" 35.51 feet; 4. 68° 08' 40" 18.79 feet; 5. 99° 10 50.20 feet; 6. 62° 05' 49.86 feet; 7. 74° 04' 49.99 feet; 8. 97° 40' 26.57 feet; 9. 59° 55' 29.50 feet; 10. 84° 14' 52" 65.50 feet; 11. 55° 15' 30" 72.32 feet; 12. 153° 10' 328.29 feet along Lot 13 and Lot 12; 13. 240° 15' 150.11 feet along Lot 9; 14. 234° 34' 55" 144.38 feet along Lot 8; 15. 142° 30' 425.00 feet along Lot 8, thence along Lot 8, along a curve to the left having a radius of 20.00 feet, the chord azimuth and distance being: 16. 97° 30' 28.28 feet; ✓J � Sad& & o(ddodlaLes, ■Did REGISTERED SURVEYORS BOB) 935 -9725 • (808) 935 -9726 P.O. Box 863 • Hilo. Hawaii 96721 • Telephone: ( 2. 17. 232° 30 45.00 feet along the southeaster - . ly side of Ponahawai Street to the point of beginning and containing an area of 3.258 Acres. SUBJECT, however, to a "No Vehicular Access Planting Screen Easement" (10 -Feet Wide) along Ponahawai Street and parallel to Course 17. PJV H. MV MURRAY, SMITH & ASSOCIATES, LTD. LICENSED PROFESSIONAL * LAND SURVEYOR * ay,Q . No.LSn7589 Paul H. Murray, LPLS Licensed Professional Land Surveyor "All, U. MSA 2682 Hilo, Hawaii April 9, 2001 ✓flusway., a�rai/k 6 off�io ,,.jam. REGISTERED SURVEYORS P.O. Box 863 • Hilo. Hawaii 96721 • Telephone: (808) 935 -9725 • Fax (808) 935 -9726 "D_8" Easement for Drainage Purposes (80 -Feet Wide) Affecting and Within Lot 7 IKA 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 the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALM" being 1,219.03 feet South and 815.05 feet East and running by azimuths measured clockwise from true South: 1. 322° 30' 88.27 feet along Lot 6; 2. 77° 30' 134.61 feet; 3. 234° 34' 55" 97.09 feet along Lot 8; 4. 142° 30' 46.56 feet along Lot 8; 5. 257° 30' 27.58 feet to the point of beginning and containing an area of 0.331 Acres. Qp v� H M �R, q _ MURRAY, SMITH a ASSOCIATES, LTD. LICENSED P ROFESSIONAL * WND SURVEYOR # Ram,! 64 ' Paul H. Murray, LPLS No. L5.7589 Licensed Professional Land Surveyor y li t All, LI S P • MSA 2682 Hilo, Hawaii April 9, 2001 (Smith REGISTERED SURVEYORS P.O. Box 863 • Hilo, Hawai'1 96721 • Telephone: (808) 935 -9725 • Fax (808) 935 -9726 LAURA H. TUIELEN r11A1[rt.V5ON LINDA LINGLE .' b w-- � ..7. BOARU Or L■NUTrO NAIIIXAL REFOUVPFf _ GOVERNOR OF HAWAII r. \05 ST CCNNItittMON WATER RESUUrv.E LI\wl:CNrM I WI - i Y' o F " I E RUSSELL TR } T tt� Y FlKa IMAM a Laal emr14 4 . I _. ;.; ',- � — 1.; KEN C.MWAl1AM' 0 ./ MR num, IFLTOR. WATER c ' AOUATIC RESOURCES O tr.- ~ Y u W ,J NU[FALI OF COWL') AWE% BOATI/al AND OCEAN 4).1 RUMOR CVWYSSION ON WATER RESOURCE, MANAGE/ :CI CONSERVATION AND COSTAL LAMA STATE OF HAWAII MNSER\ATION ANNRF.WRN. :ESDMNILEIIENT ENGINEERING RM $44e DEPARTMENT OF LAND AND NATURAL RESOURCES HI STORIC Arm WRIILRF HISTORIC P 3FE Ox [Ai11NM1Abr SLOAR:R[RVP N \F.COMMISSION AHU STATE HISTORIC PRESERVATION DIVISION STATE PARRS 601 KAMOKILA BOULEVARD, ROOM 555 KAPOLEI. HAWAII 96707 April 1, 2009 Ron Dolan LOG NO: 2009.1576 16A Railroad Avenue DOC NO: 0904MD02 Hilo, Hawaii 96720 Archaeology Dear Mr. Dolan: SUBJECT: Chapter 6E-42 Historic Preservation Review — Request for Comment on a Proposed Change of Zone Application Ponahawai Ahupua'a, South - Hilo District, Island of Hawaii TMK: (3) 2-3- 037:014 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 ❑ SHPD previously reviewed this project and mitigation has been completed ® Other: No ground - altering activities are currently part of this project. This parcel was previously grubbed under a permit reviewed by our office and issued when it was part of the old TMK: (3) 2 -3- 037 :006, in 2002. In the event that historic resources, including human skeletal remains, cultural materials, lava tubes, and lava blisters/bubbles are identified during the construction activities, all work needs to cease in the immediate vicinity of the find, the find needs to be protected from additional disturbance, and the State Historic Preservation Division, Hawaii Island Section, needs to be contacted immediately at (808) 933- 7653. If you have questions about this letter please contact Morgan Davis at (808) 933 -7650. Aloha, Nancy McMahon, Deputy SHPO /State Archaeologist and Historic Preservation Manager State Histonc Preservation Division _ cap -2T -e3 10:32am From- SON-OLNR -BOR -N '18383267U6 T -388 P 001 /001 F -805 - County of Hand CUSTOMER COPY DEPART-XS/1'T OF PUBLIC WORKS GRUBBING PERMIT NO. 005128 Fee: $ Owner. Prank DeLua Address 3 90 Hua 3 7/a phone; 935- Hilo, RI 96720 -- 8 C VIk Eng. !Surveyor: NIA Address: Phone: License No.: Contractor, N/A Address License No.: Phone Lacatlon Eomohana Cc Ponahawai Tax Map Key: (3) 2_3-.:g7 ;6 I . CHEC W/ Parcel Are (acres): _ 3a 6. 075 Area Grubbed (agree); 4 Estimated Starting Date: ! re) [2_ 2 1 0 Estimated Completion Date // / n� 30 /t7 3 (minimum 2 working days after suam date) / I . I RBmafier. Reason for wrubb Ina is to he njlla to , cat.p*`np..+•t y- . 5 Ii r_ rnn � r • o.e or -{(Ie r . -- to Alai S ± 0 -*O/ al1 . else,' n s /tole. CA. DLry R/SftPA'/n J52fr/ DOc to Of-/ p ! °4 l � - arc/ r'o va..J AS. Inc .2 acre who TYwge 4 re rt.o ate ft4eologrca(COrK+P�"!� Phone: - 923 -D48a. 327 -4343 - o 1. s STATE OLNR - HISTORIC � PRESERVATION DIVISION Approve& 1^/ Ractived Listed on tho Hawaii or Nsdond R I of JAY/ G /7O LF�. /J' /_.{_ 75 l7 -r ^� es Historic PY aes Yss dl� 2. IS PLANNING DEPARTMENT Aeurovedt N Received 8y. _ Elate: Oak': /0 • -OZ - 3. 3 Dt*PARTMENT . . 9LUC WORKS Approved for Permit Issuance: Renn.sd >EY: • ',ar Dale (Df 1o1vV { //}}��/n� a. 7I"I/ I Osb: k a b °- 1 hereby certify that all work as requested above will conform to Chapter 0 of the Hawaii County Code. • Owner. n L--- q'�7 -7/ o . t...-- Gate: 1 Return to the Department of Public Works, Engineering DIyiSion, upon completion of work. - Certification Accepted by; • (DPW inspector engineer) Date: - ‘...e2.2 1 t / \e"-.. .4..1 . • . *:3 °i t --o (4 .‘ i / la :22t -- -. ,•:.. ._ -7 - I I e Nil ‘1, -- • -0 2 Os / 4 gl ci, ha :.1 S u) 9‘ sa- 1-01 . n 0 co a-^ dil t S P n lic -I @ . -fl.:9 o o • ra 1 0 A 1 1) T;11•1 a -024 o - A40-. a- LW a e , I/ '2 Pe g lc in . (... i •4 ?lig r t ° c ,1 7 -7 • yet i . 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C: s 0 0 kas e ra:, ---r vi ; :_. • • . • o 0 . mz A. L, -It It I ' I r. tA 0 ili • i 0 LIJ ii:. , A b ,i 3 11 O. xe tilm tli i- .e. - T ! n. _ P D o. % a ME ha. • 14 . • .. . County of I lawai i Planning Department 101 Pauahi Street, Suite 3 Milo, Hi 96720 • December 17, 2009 Subject: Change of Zoning Application (REZ 09- 000111) • Applicant: William & Cilynnis Dolan Request: Ag -1 a to CN -20 TMK (3) 2- 3- 037:014 Attention Maija Cottle I lercin please find a letter that states the intentions of the owner of the above parcel, as well as TMK (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 let if you have any further questions... Lori ik . elson • t!) oo. ner. • ,funning Dept. Exhibit_ County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hi 96720 December 17, 2009 Subject: Change of Zoning Application (REZ 09- 000111) Applicant: William & Glynnis Dolan Request: Ag -1 a to CN -20 TMK (3) 2-3-037:014 To Whom 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.L., Department of Public Works. The owners, Mr. & Ms. Dolan and Mr. & Ms. Silva, have agreed to granting and using an easement 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, kkelson _9 o'_`illi I ll':Iii' '''..II't: 1 . 1 I I II I ' I; I r 45.-iA•f•14 I T 1 ir.( 5 I • • I i• I Ei Ir.: • ' tli • I • I • 1 I ; 11,1 /.. k• .i ,, gip p . .Wf i 41 '5 tk.A :I pd jr,) ljE, ii16 I -•-• l i kl • I • ri?' 1 I I •-, b. vit• EP P; I 1 E .3E 3.- 1 1 1 1 i 4 47:- 11 mg: g i. . - 1 Li t ; g144 ! f; I I .6fl 3 .„ 3N-4L mk Rg - E j• C . I I af1 1 i 4E" . A ... 1 ....— 1 1 ... r• - 1 Y - . 1 ,b A t. - . P. - I I 1 ;. I •- '•"''M E I in i I I I 1 I 1 I I i i 1 1 1 1 i 1 I I 1 ) . • I 1 1 -- ......,‘ IC o u o 1 A f: A S7REE1 ....... s,„ , , ■ t A .., --.. r ,,,. • I ' 2 , , • • /.' :I" . • 2- • cg , 2 , • -, .. ... • * , I I , •,i .. . - . ,,,, : -• 1 1 1 I • . 2 : t(1, .• . • :•:.... J., I , /. ; - I g- , Pri' . ,7 I i; v. ! "4.34'4"... '''') ' / I 1 4'.. 4. '• .1':t.,A' 7- al" gi I Y ... I I g t4 Al I 1 I . . I I LAs ; • • Y ; /- _ . . .L 1 m . 1 1. >, . __,.._.,_.... __,.._.___.• . .,•••:-. -.--,----_,..,„. 11 . 27 ; I I - ' . • i • i 1 f.5'g 11 . • r •.., i • I 1 1 ! • • .. • . lgE .. . t. . I 1 . • 1 I I • . I 11 . .• . .. I I • II. 1.4 .: - - I N 1 1 • I I \ • ' \ I ___ _ , t? ; 11 , . , 1 I I , ., . : . i I I ; • i . • \ . 11 i i \ I 11 . ..: .! • • -------- _ . . . 11 - I .! .. . : ., I I . • , ‘,. • I 1 I ! • , • Eli • - ' " •‘ 11 . . • 'C'' 1 1 • ....-:. _ .....-.1 ______ ------- _________ ........................................................ ...___ ....-........ 1..\,...61., IA ...\.:.),,•\ \II 11 i ......._ ........... Vi• I I ) 1 ' I ... ' • : . ) I i ..., •: .... • . . — • ---- _ __ ___ I ..„........ ........- DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: December 28, 2009 Na TO. BJ Leithead Todd, Planning Director FROM: .4 2rtment v of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09- 000111) Applicant: William and Glynnis Dolan Request: A -1a to CN -20 Tax Map Key: 2 -3 -37: 014 We have reviewed the subject application forwarded by your memo dated November 27, 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. Portions of the subject parcel are in areas designated as Flood Zone AE and A as depicted on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Flood Zone AE is the Special Flood Hazard Area inundated by the 100 -year flood where base flood elevations have been determined, whereas in Flood Zone A base flood elevations have not been determined Any construction within either of the designated FEMA flood zones and buffer zone (within 50 feet of Flood Zone AE) 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 of Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. Ponahawai Street is a County right -of -way that is 60 feet wide with 24 feet wide pavement in good condition. Access shall comply with Chapter 22, County Streets, of the Hawaii County Code and will require a permit from 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. EX11iblf.. 3 County or Hawaii is an Equal Opportunity Provider and Employer re ;1 irt s 'C E a ?LI [ qq� 79 $ {C3 ` • o. �, DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII roF g 345 KF_KUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961 -8050 • FAX (808) 961 -8657 January 8,2010 TO Ms. BJ Leithead -Todd, Planning Director Planning I)epartnient FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (12E2 09- 000111) APPLICANT — WILLIAM AND GLYNNiS DOLAN REQUEST: A -Ia TO CN -20 TAX MAP KEY 2- 3- 037:014 We have reviewed the subjectapplication and have the following comments and conditions. _ -. Water is available from existing 8 -inch and 6 -inch waterlines within Ponahawai Street 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 l lawai`i and should include the estimated peak flow in gallons per minute (GPM) and the total estimated maximum daily water usage in gallons per day, including all irrigation/landscaping use. Upon 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 he 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 he required - - 2. 'lre proposed zoning will require the installation of a reduced pressure type backtlow prevention assembly, within five (5) feet of the existing meter on private property. if a larger or additional meter is required, a backflow prevention assembly will also be required for that meter. The installation of the backflow prevention assembly(s) must be inspected and approved by the Department before water service can be activated. 3. Please be informed that the existing waterlines fronting the parcel are inadequate to provide 2,000 GPM of flow as required for fire protection per the Department's Water System Standards for the proposed type of land use. in order to achieve the required 2,000 GPM fire flow, the applicant would need to extend a second 8 -inch waterline along Ponahawai Street, from an existing 12 -inch waterline within Komohana Street (approximately 400 feet), and connect to the existing 8 -inch and 6 -inch waterlines within Ponahawai Street. The applicant should contact the Fire Department to determine any other fire protection requirements or alternatives (Planning Dept. ���� ISQ�'Ai� 1117lt Exhibit_ K °r A el !Water, Our Most !Precious Resource ... I(a Wai A _Koine .. D y: The Department of Water Suooly e an Eouar Onnnrtunnv n nvider and Pmninuar _ ' — ' • Ms BJ Leithead -Todd, Planning Director Page 2 January 8, 2010 4. Subject to other agencies' requirements to construct improvements within the road right -of -way fronting the property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary. Should there be any questions, you may contact Mr. Finn McCall of our Water Resources and Planning Branch at 961 -8070, extension 255. Sincerely yours, / . - - ilton D. Pavao. P.E. - _. • Manager FM:dfg copy —Mr. William and Mrs. Glynnis Dolan All Aina Services � ar '' William P. Kenoi ,t da?yj� ; Lono A. Tyson .'; ,dfa)'or . . , _ :-_.' Director .. ; rye - ``. - William T: Takoba . • '..... N - Ivan 111. 'I'origoe Managing Director• i t 7 �� Depup• Director i 1 4: cuuntg of Patuttt`t DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo, Hawai i 96720 (808) 961 -8083 • F'ax (808) 961 -8086 hhttp /lco.l Iawail hi.usldireciory /dir_cnvmn�htln MEMOILANDU.4f Date : December 4, 2009 To . 13J LEITHEAD TODD, Planning Director From: LONO A. TYSON, Director `,{T Subject: Change of Zone application (REZ 09- 000111) Applicant: William and Glynnis Dolan Request: A -la to CN -20 TMK: 2 -3 -37:14 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: Q 2 - b i, � 1 L3(�fll t WASTEWATER COMMENTS: ( ) No comments ( ) Require connection of existing and /or proposed structures to the public sewer in accordance with Section 21 -5 of the Hawaii County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21 -26.1 of the Hawai' i County Code. Complete D.E.M. Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23 -85 H of the Hawai' i County Code. (V) Other: irtw unit:'4_ t u I'htr.d 7rtt Cnt?Gtt� �J/r - P ����_ n I oo.,.r4 �t- SOLID WASTE COMMENTS: LC )b/ t- 7AUt t 3 trrl0 r't�M[" tt4 I I —62 r NAJ]eQAlc✓t— ( ) No comments D - h JTw..j ( 'a ) Commercial operations, State and Federal agencies, religious entities and non- profit organizations may not use transfer stations for disposal. ( c,) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. ( )E) Ample and equal room should be provided for rubbish and recycling. (�) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. (') Construction and demolition waste is prohibited at all County Transfer Stations. ()4) Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to he followed. Provide update to the department on current status. ( ) Other: cc: SWD, wwD Planning Dept. §CANNED tz 7a Exhibit 5 _ , 6'{1: glk ) r W County of Hawai i is an Equal Opportunity Provider and Employer William P. Kenoi • • j Lono A. Tyson Ad rnvr pdss Director • Witham T. Takaba . •'r % l ls!1 - Ivan M. Torigoe Managing Director \ . Deputy Director (gaunt of a DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo, Hawaii 96720 (808) 961 -8083 - Fax (808) 961 -8086 http.iico hawau.hi.us /directorvhiir em_nme him February 12, 2009 SOLID WASTE MANAGEMENT PLAN Guidelines INTENT AND PURPOSE This is to establish guidelines for reviewing solid waste management plans, for which special conditions are placed on developments. The solid waste management plan will be used to. (1) promotes and implement recycling and recycling programs, (2) predict the waste generated by the proposed development to anticipate the loading on County solid waste management facilities, and (3) predict the additional vehicular traffic being generated because of waste and recycling transfers. A qualified consultant shall prepare a suitable solid waste management plan for review by the Department of Environmental Management. REPORT The Solid Waste Management Plan will contain the following: 1. Description of the project and the potential waste it may be generating: i.e. analysis of anticipated waste volume and composition. This includes waste generated during the construction and operational or maintenance phases. Waste types shall include (but not be limited to): A. Organics (including food waste and green wastes), B. Construction and Demolition; C. Paper (including cardboard); D. Metal (including ferrous and non - ferrous metals); • E. Plastic; F Special (including ash, sludge, treated medical, bulky items, tires); G. Household Hazardous (including paint, vehicle fluids, oil, batteries); and H Glass. 2. Indicate onsite source separation facilities by waste type; i.e. source separation bins of glass, metal, plastic, cardboard, aluminum, etc. Provide ample and equal space for rubbish and recycling. 3 Identification and location of the proposed waste reduction, waste re -use, recycling facility or disposal site and associated transportation methods for the various components of the development's waste management system, including the number of County of 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 matenals. 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 Hawal'i solid waste laws, regulations, and administrative rules. Should you require additional information, please contact Michael Dworsky, P.E., Solid Waste Division Chief at 808 - 961 -8515. • CONCUR. Yosw- A. irh Lono A Tyson • DIRECTOR • • • • County of 1 Ismail is an Equal Opportunity Provider and Employer • • %tr `'" ‘1:1;* , William P. Kenoi ; \ - ,a �� .\'• f la.�..., / ..: Harry S. Kubojiri Mayor Ponce Chief `\ . ;- - ..., \ OF �! Paul K. Ferreira Deputy Ponce Chief County of Hawaii POLICE DEPARTMENT 349 Kapiolam Street • Hito, Hawaii 96720 -3998 (808)935 -3311 • Fax (808) 961 -8865 December 14, 2009 TO : BJ LEI AD TODD, PLANNING DIRECTOR FROM : DE RE'KC. PACHECO, ASSISTANT POLICE CHIEF AREA I OPERATIONS SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09- 000111) APPLICANT: WILLIAM AND GLYNNIS DOLAN REQUEST: A -1A to CN -20 TAX MAP KEY: 2 -3 -37:14 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:lli Pk-inning Dc pt. I SCANNED f 0 r '. By: "Hawart County is an Equal Opportunity Provider and Employer" 7 A L William P. Kenoi Darryl J. Oliveira Mo Fut Clue 1111 r : a Glen P. I. Honda = Deputy fire Owl County of ri9abaari HAWAI'I FIRE DEPARTMENT 25 Aupuni Street • Suite 2501 • Ililo, Hawaii 96720 (808) 932 -2900 • Fax (808) 932 -2928 December 10, 2009 TO: 13J LEITHEAD TODD, PLANNING DIRECTOR FROM: DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09- 000111) APPLICANT: WILLIAM AND GLYNNIS DOLAN REQUEST: A -la to CN -20 TAX MAP KEY: 2 -3 -37:14 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 unobstructcd 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). Planning Dept. Exhibit 7 ._.__ a` � DEC 15 2009 • ` 0 5 912 8 ; " t° r `ri l� r ` Hama County is an Fqual Opportunity Provider and Employer. ' ° - - - i BJ Leithead Todd December 10, 2009 Page 2 "3. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire- fighting or rescue operations would not be impaired. "More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high -piled combustible storage, see Section 81.109. "(c) Width. The unobstructed width of a fire apparatus access road shall meet the requirements of the appropriate county, jurisdiction. "(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. "EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. "(e) Permissible Modifications. Vertical clearances or widths required by this section may be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. "(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all - weather driving capabilities." (20 tons) "(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead -end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. "(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using designed live loading sufficient to carry the imposed loads of fire apparatus. "(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15 %) BJ 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. "(1) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both." Water supply shall be in accordance with UPC 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 departmcnt apparatus by roadways meeting the requirements of Section 10.207. • ARR IVEIRA ire Chief GA:Ipc v o, � cNtf William P. Kenoi - • ' _ Stephen J Arneio Mayor • / !luuriny AJn 211 "P i � 7 ni f�. ! fl :...5. •:.I • r Countp of *aboatt OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT 50 Wailuku Drive • Ililo. I6m 9 »720 2456 wrr (r0x) Sul -8' • FAX I808) 961 -2685 December 09, 2009 MEMORANDUM TO: Bobby -Jean Leithead Todd Planning Department FROM: Sgphe J. Arnett }pct -I sing Administrator SUBJECT: Change of Zone Application (REZ 09- 000111) Applicant: William and Glynnis Dolan Request: A -la to CN -20 Tax Map: (3) 2 -3- 037:014 The Office of Housing and Community Development has reviewed the application and determined that Affordable Housing Conditions are applicable to the subject request. Should residential uses be implemented at a later date, then Affordable Housing Requirements would become applicable at that time. Thank you for the opportunity to comment. #5;8 g'G 6 : < tt a • G: /F'LP.NNING / i974pas =. C1i�C :1 ;a �! ; " ��. - •' . — • EQUAL HOUSING OPPORTUNITY `HAWAI'I COUNTY IS AN EQUAL OPPORTUNITY .... .:tr+)i �_. ,— - -,•w— PROVIDER AND EMPLOYER' LINDA LINGLE m'°o v"' CHIYOME L. FUKINO, M.D. GOVERNOR ♦� asa �, D:reclor of Health 4 y T\ 49 r y - TA pice, STATE OF HAWAII DEPARTMENT OF HEALTH P 0 BOX 916 HILO, HAWAII 96721 -0916 MEMORANDUM DATE: December 3, 2009 TO: Bobby Jcan Leithcad Todd Planning Director, County of Ilawaii FROM: Newton Inouye Par" Acting District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 09- 000111) Applicant: William and Glynnis Dolan Request: A -la to CN -20 Tax Map Kcv: 2 -3 -37:14 The use of individual wastewater systems is allowed. The type and number of individual wastewater systems to be used will be determined by the wastewater rules in effect at the time of building permit application. The applicant would need to meet the requirements of our Department of Health Air Pollution Rules, Chapter 60.1, Title 11, State of Hawaii for fugitive dust control. If there is need to discuss these requirements, please contact our Clean Air Branch staff at Ph. 933 -0401. The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document on December 1, 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. Ri - Sr BJ Lcithead Todd Page 2 of 4 December 3, 2009 2. In accordance with IIAR, Sections 11 -55 -04 and 11 -55- 34.05, the Director of Health may require the submittal of an individual permit application or a Noticc 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 website at: http: / /www.hawaii.gov/ health /environmental /water %cleamvater /forms /i ndi v- indcx.html. • b. An NO1 to be covered by an NPDES general permit is to be submitted at least 30 days before the commencement of the respective activity. A separate NOI is needed for coverage under each NPDES general permit. The NOI forms may be picked up at our office or downloaded from our website at: http: / /www.hawaii.gov/h ealth/ environmental /water /cleanwater /forms / gcn 1 - mdex.html. i. Storm water associated with industrial activities, as defined in Title 40, Code of Federal Regulations, Sections 122.26(b)(14)(i) through 122.26(b)(14)(ix) and 122.26(b)(14)(xi). [HAR, Chapter 11 -55, Appendix B] 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 cooking water less than one (1) million gallons per day. [HAR, Chapter 11 -55, Appendix E] v. Discharges of hydrotesting water. [HAR, Chapter 11 -55, Appendix F] vi. Discharges of constriction dewatering effluent. [HAR, Chapter 11 -55, Appendix G] • B.1 Leithcad Todd Page 3 of 4 December 3, 2009 vii. Discharges of treated effluent from petroleum bulk stations and terminals. [HAR, Chapter 11 -55, Appendix II] viii. Discharges of treated effluent from well drilling activities. [HAR, Chapter 11 -55, Appendix I] ix. Discharges of treated effluent from recycled water distribution systems. [HAR, Chapter 11 -55, Appendix J] x. Discharges of storm water 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] 3. 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 (SI-JPD), or demonstrate to the satisfaction of the DOII that the project, activity, or site covered by the NOI or application has been or is being reviewed by SIIPD. If applicable, please submit a copy of the request for review by SAPD or SHPD's determination letter for the project. 4. Any discharges related to project construction or operation activities, with or without a Section 401 WQC or NPDES permit coverage, shall comply with the applicable State Water Quality Standards as specified in HAR, Chapter 11 -54. Hawaii Revised Statutes, Subsection 342D -50(a) requires that "[n]o person, including any public body, shall discharge any water pollutants into state waters, or cause or allow any water pollutant to enter state waters except in compliance with this chapter, rules adopted pursuant to this chapter, or a permit or variance issued by the director." If you have any questions, please contact 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 3, 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. Lands formerly used for sugarcane production are now being developed into communities where residential homes, schools and commercial businesses are being constructed. Chemicals associated with the sugarcane industry persist in soil today and may be a threat to public health and the environment. Elevated arsenic levels were discovered in soil at former sugarcane production areas on the islands. The HEER Office has identified former sugarcane production areas for assessment throughout the state and plans to work with property owners to conduct environmental assessments to identify and address elevated soil arsenic levels prior to finalizing development plans for the properties. We recommend that you review all of the Standard Comments on our website: http: / /hawaii.gov/ health/ environmentalfenv- planning/landuse /landuse.html. 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 principles 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:RG!_ 09.000111.my • _ 1.11•11A II 11111\ 1.1\1,.\ 1.1 \C.1.1. . .. °...h5..�. •.:.,:I.rl �..rr�. C 0 , 9h .;'4/ y 1. t,•� !r .:;.:.• j: q [ . i� a 1N„1.11t r' v ia•::1 :nn lt,>r,.... ` . . .. ._, j k} '� ' i i° t24' KIST I, 1%.111.10.1 } i= I -k; J I:''. :1 .11:1 r 1.,R nnIIF /' � -e, (:_: _ V ,:•:: 1. 1:: \,II iI I:. \: a:,>1: 1.111 \ _ : i STATE OF HAWAII , ,.:,,rrr,<. ' %e DEPARTMENT (1R LAN!) AND V.4'tl! RA I., RESOURCES �� � �� 1 1 ". i;��:���� o' Ina• +" F1•,•F STATE HISTORIC PRESERVATION DIVISION .I,. lI r u:1., 601 KAA'IOKILA BOULEVARD. ROOM +55 KAPOI_LI, IIAWAII "6107 January 11. 2010 Bobby Jean Leithead -Todd. Planning Director LOG NO: 2009.4205 A ttention Phyllis Fujimoto DOC NO 1001TD1(1 County of Hawaii Planning Department Aichaeology 101 Pauahi Street. Suite 3 Hilo, Hawaii 96720 -4224 Dear Ms Leithead- Todd. — SUBJECT: Chapter 6E- 4211istoric Preservation Review — Di, k2' Change of Zone Application (IOEZ 09-000111) From A -1 to CN -20 Ponahawai Ahupua'a, South Hilo District. Island of Hawaii TMK: (3) 2 -3 -37: 14 Thank you for requesting our comments pertaining to the subject Use Permit application, which was received in our office December 10, 2009. The applicants are contemplating the construction of an office building on the currently vacant three-acre properly. We have previously reviewed this application, and our comments are included as Exhibit 1. The project has changed to include probable ground alteration since our review in April 2009, however, we also reviewed a grubbing permit for this properly prior to its subdivision from a larger parcel 111 200(1 and 2002. We have no new information to indicate a revision of our prior determinations (Log 2009.1576, Doc 0904MD02) We determine that no historic properties will be affected by this project because. E Grubbing /grading has altered the land - ❑ Development /urbanization has altered the land ❑ An accepted archaeological field inspection found no historic properties - Z SHPD previously reviewed this project and determined that no historic properties would be affected In the event that historic resources, including human skeletal remains, lava tubes, and lava blisters/bubbles are identified during the activities, all work should cease in the immediate vicinity of the find. the find should be protected from additional disturbance, and the State Historic Preservation Division, Hawaii Island Section, should he contacted Immediately. Please contact Theresa Donham at (808) 933 -7653 if you have any questions or concerns regarding this letter. Aloha/ \ L _. Theresa K Donham, Lead Archaeologist SCANNED Hawaii island Section Slate Historic Preservation Division 1' it ian.i; 0'69416 E •-r•. i i 'O RN. rj Letter of Transmittal 1 4f1 .. Date: January 5, 2010 1 5 6 To: - - -- From: - - -- — County of Hawaii I All Aina Services Department of Planning P.O. Box 291 101 Pauahi Street Suite 3 Laupahochoe, Hi 96764 Hilo, Hi 96720 I (808) 969 -3882 i Subject: Change of Zone Application (REZ 09 -00011 l) Applicant: William and Glynis Dolan TMK: (3) 2 -3- 037:014 Authorized Agency: All Aina Services Original Letter of Transmittal Responses to Agency Letters SC. -NN[: D 7Qt) County of Hawaii Fire Department 25 Aupuni Street, Suite 2501 Hilo, HI 96720 January 4, 2010 Subject: Change of Zone Application (REZ 09- 000111) Applicant: William and Glynnis Dolan Request: A -1 a to CN -20 TMK: (3) 2- 3- 037:014 • 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, H196764 • cc: County of Hawaii Planning Department • County of Hawaii Office of Housing and Community Development 50 Wailuku Drive Hilo, HI 96720 January 4, 2010 Subject: Change of Zone Application (REZ 09- 000111) Applicant: William and Glynnis Dolan Request: A -1 a to CN -20 TMK: (3) 2 -3- 037:014 We have reviewed your comments on the above - mentioned application, dated December 9, 2009. If the Change of Zone is approved, and residential use becomes a future possibility, the applicant will comply with the Affordable Housing Requirements. All Aina Services P.O. Box 291 Lauaphoehoe, HI 96764 cc: County of Hawaii Planning Department State of Hawaii Department of Health P.O. Box 916 Hilo, H196721 January 4, 2010 Subject: Change of Zone Application (REZ 09-000111) Applicant: William and Glynnis Dolan Request: A -1 a to CN -20 TMK: (3) 2 -3- 437:014 We have reviewed your comments on the above - mentioned application, dated December 3, 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 i auaphoehoe, 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- 000111) Applicant: William and Glynnis Dolan Request: A -la to CN -20 TMK: (3) 2 -3- 037:014 We have reviewed your comments on the above - mentioned application, dated December 28, 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 Lauaphoehoe, HI 96764 cc: County of Hawaii Planning Department t t RDolanREZ Jac - 1/19/ 10 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION WILLIAM AND GLYNNIS DOLAN CHANGE OF ZONE APPLICATION (REZ 09 -111) 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 and /or used by the applicants for the operation of their accounting firm. An additional office building may he 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 two years to complete at a cost of approximately S2,000,000. 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 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 of zone to a CN -20 district conforms to the L_UPAG 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 north, east and west 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 north, between Ponahawai Street and the subject property, have been rezoned withal the past three years from A -la to RM -4, RM -5.5 and CN -20. Additionally, the adjacent landowners (TMK 2- 3- 37:06; Gillie and Jane Silva) to the west have recently submitted an application for a change of zone from A -1 a to CN -20. 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 be obstructed by development of the property because the land sits at a 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 he 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 a 45 -foot wide access at Ponahawai Street, which is a County owned roadway with a 24- foot pavement width within a 60 -foot wide right -of -way. When the subject property and surrounding lands were originally subdivided as part of the Ka Palani Kula Subdivision. -2- the Planning Department limited the number of driveways at Ponahawai Street through the creation of shared access easements for most of the Tots fronting Ponahawai Street. Future commercial driveways on Ponahawai Street should be consolidated as much as possible to allow for the continued efficient flow of traffic along Ponahawai Street. Therefore, the Planning Department is recommending the subject property's driveway be consolidated with the adjacent property's driveway to the east should that property be developed in the future with commercial or multiple- family uses. Compared to agricultural or single- family dwelling uses, these uses would cause more frequent use of the driveway. The Planning Department also recommends the creation of an access easement to provide internal circulation between the subject property and TMK 2- 3- 37:06. This easement should generally be aligned as shown in Exhibit 2 of the application so that both properties have more than one ingress and egress at Ponahawai Street. This would improve the overall flow of traffic for these proposed commercial developments. These recommendations will be included as conditions of approval for the change 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 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 adjacent to the Alenaio drainage channel is located in flood zone "AE" which is a special flood hazard area inundated by the 100 -year flood where base flood elevations have been determined. Flood zone "A" which is a special flood hazard area inundated by the 100 -year flood, also runs across the northern portion of the property. -3- The applicant will submit a drainage study to the Department of Public Works. 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 Ilawai'i County Code for construction within the "AB ", flood zone and buffer zone which specifies, among other things, minimum building elevation requirements. County water is available from existing 8 -inch and 6 -inch waterlines fronting the property along Ponahawai Street However, these waterlines are not capable of providing • i the required 2,000 gallons per minute of water flow for fire protection for commercial land uses. The Department of Water Supply recommends that the applicant install an additional waterline within Ponahawai Street or implement an alternative method acceptable to the Fire Department in order to meet the minimum water flow requirement tier fire protection. The proposed request would also require 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 disposc 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. Solid waste will be 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 milts 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 be impacted by coastal hazards or affect beach erosion, coastal recreational resources, coastal ecosystems and marine resources. In view of the Hawai'i State Supreme Court's "PASH" and "Ka Pa'akai 0 -4- Ka' A ilia" 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: • 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 affccted. In a letter dated April 1, 2009, the DLNR -SHPD stated that no historic properties will be affected by the proposed development. • Possible adverse effect or impairment of valued resources: Native plants may be destroyed by ground alteration. There is no evidence that the flora in the area are particularly desired or used for cultural practices. • Feasible actions to protect native llawaiian 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 he uncovered during the course of development. Based on the above findings, the request to reclassify the property from an Agricultural - 1 -acre (A -I a) to a Neighborhood Commercial - 20,000- square trot (CN -20) zoned district would result in an appropriate land use pattern that would further benefit the general public. The accompanying draft bill to amend Section 25 -8 -33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attachcd to the draft bill. -5- • COUNTY OF HAWAII '•s ‘-•'?: STATE OF HAWAII BILL NO. ORDINANCE NO. (PLANNING DEPT.) AN ORDINANCE AMENDING SECTION 25 -8 -33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF TTTE 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 PONAHAWAT, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2- 3- 037:014. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWA.I'l: SECTION 1. Section 25 -8 -33, Article 8, Chapter25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Ponahawai, South Hilo, Hawai`i, shall be Neighborhood Commercial — 20.000 square feet (CN -20). • Beginning at a point at the northeast comer of this parcel of land being also the northwest corner of Lot 6 and on the southeasterly side of Ponahawai Street the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 893.70 feet South and 565.39 feet East and running by azimuths . measured clockwise from true South: 1. 322' 30' 882.81 feet alone Lot 6 to a point in the middle of Alenaio Stream; thence along the middle of Alenaio Stream along R. P. 5706, L. C. Aw. 8521 -B for the next ten (10) courses, the direct azimuths and distances being: 2. 88' 06' 43" 23.63 feet; 3. 49' 22 ' 28" 35.51 feet; 4. 68' 08' 40" 18.79 feet; -1- 5 99' 10' 50 20 feet; 6. 62' 05' 49.86 feet; 7. 74' 04' 49.99 feet, S. 97' 40' 26.57 feet; 9. 59' 55' 29.50 feet, 10. 84' 14' 52" 65.50 feet; 11. 55' 15' 30" 72.32 feet; 12. 153' 10' 328.29 feet along Lot 13 and Lot 12; • 13. 240' 15' 150.11 feet along Lot 9; 14. 234' 34' 55" 144.38 feet along Lot 8; 15. 142' 30' 425.00 feet along Lot 8, thence along Lot 8, along a curve to the left having a radius of 20.00 feet, the chord azimuth and distance being: 16. 97' 30' 28.28 feet; 17. 232' 30' 45.00 feet along the southeasterly side of Ponahawai Street to the point of beginning and containing an area of 3.258 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. Hawai`i County Code 1983 (2005 Edition), the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (1) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to • (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: • • —• �.� %+\ \ A -la CN -20 `0N -10 \ -A 1 A-la 1 CN -20 �'�� � / \ \ A-la \ AGRICULTURAL -1 ACRE (A -1a) A - \ � TO NEIGHBORHOOD COMMERCIAL - '� ii15 ` \ 20,000 SQUARE FEET (CN -20) Pb \ 565 39E 3 258 ACRES `. 7 MLA 7" - ` CN -20 \\ • A -la ' � � R5\7 5 ! - `— • • , \ ..\ \\ '� i —, i -' \ \ \ A -la \ i A -la , \\' \ RM -4 \ . \ A -1a \ yam . !\ \ \% \ \ \ \ \ \ ` i "\ i A -la \, :!Y \ \ \ f; :\ '.\ A -la -i :: 04,. ,\ Ala % \ \'' •K ' \ ' ': R5' -K 5 • Oy i% 7 2 R-i -75 .x' .. �\ i\ • A y , —. RM -4 0 250 500 1.000 1.500 2,000 j Feet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25 -8 -33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL -1 ACRE (A -1 a) TO NEIGHBORHOOD COMMERCIAL - 20,000 SQUARE FEET (CN -20) AT PONAHAWAI, SOUTH HILO, HAWAI'I MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK 2 -3 -37 14 DATE December 22. 2009 EXHIBIT "A" (William & Glynnis Dolan Map 1266) Cooiondu;Z doc -I /19/1 o WILIAM AND GLYNNIS DOLAN CHANGE OF ZONE APPLICATION (REZ 09 -111) 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 Water 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 he inspected and approved by the Department of Water Supply prior to issuance of a Certificate of Occupancy. D. Prior to the issuance of a Certificate of Occupancy, the applicants shall upgrade the existing County water system as required by the Department of Water Supply and Fire Department in order to provide a minimum theoretical fire flow of 2,000 gallons per minute to the site for fire protection. E. 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. F. Construction of thc 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. G. Development of the property shall he designed and constructed in a way to minimize obstruction of the scenic views of Hilo Bay from Komohana Street. H. Prior to issuance of Final Plan Approval, the applicants shall grant a minimum 30 -foot wide access easement on thc subject property, in favor of the adjacent landowner(s) (TMK: 2 -3- 37:06), in order to connect the access at Ponahawai Street on TMK 2 -3 -37:06 to the access at Ponahawai Street on the subject property for the purpose of providing internal traffic circulation between the two properties. 1. Access connection to Ponahawai Street shall conform to Chapter 22 (County Streets) of the Fiawai`i County Code. Should the adjacent property (TMK: 2 -3- 37:13) be rezoned in the future to allow commercial or multiple- family residential uses, the driveways shall be consolidated into one access at Ponahawai Street. J. Streetlights and traffic control devices, as may be required by the Traffic Division, Department of Public Works, shall he installed by the applicants at ho cost to the County K. 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 taps, 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. • L. Any construction within either of the designated FEMA flood zones and buffer zone (within 50 feet of Flood Zone AE) shall comply with the requirements of Chapter 27, Floodplain Management, of the Hawai`i County Code. M. All development - generated runoff shall he 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. N. 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 O. All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control. of the Hawai `i County Code. • P. Comply with Chapter 11 -55, Water Pollution Control, Hawaii Administrative Rules, Department of Health, which requires a NPDES permit for certain construction activity. Q. ' Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11 -46, "Community Noise Control." R. 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 Ponaliawai Street fronting the subject property, the applicants shall connect to the sewer system. S. A Solid Waste Management Plan shall he submitted to the Department of Environmental Management for review and approval prior to Final Plan Approval. T. 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. U. 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 Code 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. V. If the applicants, successors, or assigns develops residential units on the subject property, the applicant 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 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 -3- years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The Carr share contribution shall have a combined value of 57,698.11 per multiple family residential unit (511,996.63 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. 53,797.26 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. 5120.01 per multiple family residential unit (5279.07 per single family residential unit) to the County to support police facilities; 3. $369.17 per multiple family residential unit (5551.20 per single family residential unit) to the County to support fire facilities; 4. $164.54 per multiple family residential unit (5241.32 per single family residential unit) to the County to support solid waste facilities; and 5. $3,247.12 per multiple family residential unit (55,140.06 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 W. Should the Council adopt a Unified Impact Fecs Ordinance setting forth criteria for imposition of exactions or the assessment of impact tees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. X. The applicants shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. `�. Y. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non - performance is the result of conditions that could not have been • foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to he performed withiti 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 appropnate action. Z. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the subject area to its original or more appropriate designation. • -5-