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HomeMy WebLinkAboutCOM 0756.000 2008-2010 -MtY 9!....' 1 : • y! ;.. William T. Takaba 1 .-•• , r: \' William P. Kenoi Afaneging Director Moor '''='s' Wally Lau . \.:7 n:' 4- .,, ?Atf: %a <" C puo Managing Director f or County of Hawaii 891 Ululani Street • Hilo, Hax;u1 067 -3982 • (808)961 -8211 • Fax (8081961-6553 - KONA 75 -5706 Kuakint Highway, Suite 103 • Kailua- Kur.a. Hawaii 96740 February � ?, 2010 (808132 • Fax (8081326 - N G • Honorable J Yoshnnoto, Chairman - in and Members of the County Council 0 ' - ' , County of Hawaii] Z' 11 25 Aupuni Street ` ' s Hilo, Iii 96720 = - Dear Chairman Yoshimoto and Members: - ; i State Land Use Boundary Amendment Application (SLU 09- 000024) ' F Request Agricultural to Urban Change of Zone Application (REZ 09-000110) Request. A-20a to ML -20 Applicant: Greenhouse Specialists, Inc Tax Map They: 1 -6- 152:18 • Chance of Zone Application (REZ 09-000111) Applicant: William and Glynnis Dolan Request. A -1 a to CN -20 - Tax Map Key: 2 -3 -37:14 Chance of Zone Application (REZ 09- 000113) Applicant: Gill!e & Jane Silva Request A -1 a to C:N 20 Tax Map Key. 2 -3 -37.6 /Change of Zone Application (REZ 09-000114) Applicant. Vincent Tai Request: RS -7.5 to RM-2.5 Tax Map Kev: 2-4-28.09 _ As required by Chapter 4, Sec. 6-4 3(C). Hawaii County Charter. transmitted herewith for the County Council's consideration and action are the Planning Conunisslon's letters and enclosures regarding the above- referenced requests. Sin rrel William P Kenoi Mayor • Enclosures • cc Planning 1)cpartiilent Comm. No. 1 S to Ref. To: p L F �� a).9) Ref. Date MAR 15 2Ult1 , • /``•• \ \ t. c •R u••pi/ County of Hawaii PLANNING COMMISSION Aupuru Caller • 101 P: uaIn Sired, Sone 3 • I lilo. 1 lawari 96720 Phone 1808) 961 -8288 • Fax (808)961-8742 February 25, 2010 • The Honorable J Yoshimoto, Chairman and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, 1 -11 96720 Dear Chairman Yoshimoto and Council Members: Change of Zone Application (REZ 09- 000114) Applicant: Vincent Tai Request: RS -7.5 to RM -2.5 Tax Map Kcv 2 -4 -28:09 The Windward rd Planning Commission, after a duly held public hearing on February 5, 2010, voted to recommend for your approval the proposed legislative hill for a Change of Zone from a Single Family Residential — 7,500 square feet (RS -7.5) to a Multiple - Fancily Residential — 2300 square feet (RM -2.5) district for approximately 3292 acres of land. The property is located along the end of Hual5lai Street, west of the t-lual5lai Street -Hale Nam Street intersection, Wai:tkea, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant is requesting a change of zone from RS -7 5 to RM -2.5 in order to develop 57 to 62 two -story attached townhouses. Based upon the size of the subject property the proposed RM -2.5 zoning would allow for the development of a maximum of 57 units, however, the applicant proposes to meet the requirements of Section 1 1 -8. Affordable Housing, Hawaii County Code. in order to qualify for a 10°. /n density bonus. This would allow for the development of an additional 5 units beyond what is allowed by the Zoning Code, for a total of 62 units. The applicant's preliminary plans are to develop approximately 47 units consisting of three- and two- bedroom units which would be about 1.200 square feet in size. and 10 to 15 units consisting of approximately 890- square foot Halm( . 1 COIlrin' is an EqualOpportunur Provulrr and l:mph'tcr• • The. Honorable J Yoshunoto. Chairman and Members of the County Council Page 2 two - bedroom units and approximately 625- square foot one - bedroom units. The development would also include common recreation. /play areas, a swimming pool, on -site parking. and landscaping. The applicant believes the subject property's location close to Hilo's town center makes it an ideal urban inlill development of higher density residential uses that will allow residents to walk or take public transportation to town rather than use a vehicle, thereby reducing greenhouse gas emissions. Infrastructure improvements 1i.e driveways. utility connections) will take approximately 4 months to complete and cost SSO0,000. However, due to the uncertainty of financing and market conditions, the time schedule and cost to construct the proposed residential complex are unknown at this time. The change of zone request from RS -7.5 to RM -2.5 will conform to, among others, the Land Use and Housing elements of the General Plan. in order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must he 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 he also considered as they may have an impact on similar areas in the County. The LUPAG Map, which establishes the basic urban and non -urban form for areas within the county, designates the subject property as Medium Density Urban which allows for single - family and multiple - family residential uses with an overall density of up to 35 units per acre as well as village and neighborhood commercial uses. The applicant's proposal to develop 57 to 62 multiple- family residential units on approximately 3.292 acres would he well below the maximum density of 35 units per acre allowed with the Medium Density Urban designation. The proposed development will support the goals of the 1 lousing clement for the South Hilo district by providing housing for those individuals that prefer not to live in or can not afford single - family dwellings, such as low and moderate income earners. college students and the elderly. Much of the multiple- titmily housing stock that exists in Hilo is aging and in need of repair or renovation. Additionally, the request supports the goals and policies of the Land Use element in that the proposed project is located in close proximity to services in downtown Hilo and adequate infrastructure is available to serve the project. The Honorable J Yoshimoto, Chairman and Members of - the County Council Page 3 The subject property is located in an urban arca, in close proximity to other residential uses including multiple-family residences such as the Lanakila Homes Public Housing project which is located on lands to the south zoned RD -3.75. Additionally, the owner of the adjacent properties to the north recently requested a change of zoning to RM -1.5 in order to develop a four - story, 100 -unit residential complex. The County Police Department Headquarters complex and St. Joseph's School are located nearby on Kapi'olani Street. A minor increase in traffic and noise in the area will occur due to the proposed project; however these impacts are reasonable to expect in an urban area and can be reduced through on -site landscaping and adherence to State laws relating to construction noise. The proposed project is estimated to generate approximately 33 peak hour trips based on the Institute of Transportation Engineers, "Trip Generation Handbook ". which is a negligible increase in traffic for the area. A condition of approval will require the applicant provide adequate landscaping to mitigate any adverse noise or visual impacts to adjacent properties. Based on the above, a change of zoning to the RM-2.5 district classification is appropriate in this area and the request is consistent with the General Plan. • 411 essential utilities and services are available to the site. Access to the property is from Hualalai Street. which is a County owned and maintained roadway with a right -of way width of 60 feet. The applicant will construct a 32 -foot wide asphalt paved driveway aligned with ilual ilai Street. A condition of approval will require that any driveway connection to l- ivalalai Street conform to Chapter 22. County Streets. of the Hawaii County Code. According to the Department of Water Supply (DWS), water can be made available to the property via an existing 8 -inch waterline within Kapi'olani Street by extending approximately 260 lineal feet of 8 -inch waterline to the subject property. The proposed request would also require the installation of a reduced pressure type backtlow prevention assembly within five feet of the existing meter. Conditions of approval will he included to address the Department of Water Supply's requirements. A County sewer line is located along Hualalai Street. The Department of Environmental Management has indicated that the applicant will be required to provide a sewer study prior to connection to the County sewer line. A condition of approval will require that the applicant provide a sewer study. construct any required upgrades to the existing sewer system in ilualalai Street. and connect to the existing County sewer line prior to the issuance of a Certificate of Occupancy. Solid waste will be disposed of by commercial haulers or individual homeowners into an approved landfill. The Honorable J Yoshimolo, Chairman and Members of the County Council Page 4 The property has no severe geological or topographical problems which cannot he rectified or which \you'd render the land unusable The project site is located within Zone "X", an area determined to be outside the 500 -year floodplain. A condition of approval will require the applicant to submit a drainage study to the Department of Public Works and construct any required drainage improvements. Additionally, all development generated storm rim -off will he disposed ol'on-site and not allowed onto adjacent properties or roadways. • Electrical and telephone services can he made available to the property. Police services are located nearby on Kapi`olani Street. Fire services are located in downtown Hilo. Medical services are available at i -filo Medical Center. The request is not contrary to Chapter 205A, iIawai•i Revised Statues, relating to Coastal Zone Management Area. The subject property is located over a 1/4 mile from the shoreline and is not in the Special Management Area. Thus, the property will not he affected by coastal hazards and peach erosion. Thcrc are no identified recreational resources, historic resources. public access to the shoreline or mountain areas. scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources on the subject property. In view of the Hawai`i State Supreme Court's "DASH" and "Ka Pa'alcai 0 /Ca 4u:u decisions, the issue relative to native Hawaiian gathering and fishing rights miist 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: An archaeological survey was not conducted because the property has previously been graded and is developed with a single - family dwelling. A flora and fauna survey of the property was conducted by Geometrician Associates, LLC in June 2009. The valued cultural. historical, and natural resources found in the rczonimsarea: The flora and fauna survey found no rare, threatened, or endangered floral or faunal species on the property, but recommended against removing or disturbing any vegetation during the months of.June and July in order to avoid impacts to any roosting endangered Hawaiian hoary bats, which are difficult to detect. • Possible adverse effect or impairment of valued resources: The property does not abut the shoreline, therefore Hawaiian gathering and fishing rights is not an issue. Native plants may he destroyed by ground alteration. There is no evidence that the flora in the area are particularly desired or used for cultural practices. • The Honorable J Yoshimoto, Chairman and Members of the County Council Page 5 • Feasible actions to protect native Hawaiian rights: There is no evidence that traditional and customary native Hawaiian rights are exercised on the property: therefore no action is necessary to protect these rights. A condition olapproval will be included to require the applicant to notify the DLNR -SHPD should any unidentified sites or remains be encountered, and proceed only upon an archaeological clearance from the DLNR -SHPD. Based on the above findings, approval of the Change of Zone request from a Single-Family Residential- 7,500 sq. ft. (RS -7.5) to a Multiple-Family Residential- . 2,500 sq. ft (RM -2.5) zoned district would result in an appropriate land use pattern that will further benefit the public. For your favorable consideration, an amendment to Section 25-8-33 (City of Hilo Zone Map), of the County Zoning Code is transmitted. We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, E.dorrare../ Rell Woodward, Chairman Windward Planning Commission I vi nccntrairrcr09- iifi01 14pc2PC Enclosures cc: Mr. Vincent T. C.Tai Department o r Public Works Department of Water Supply Department of Land & Natural Resources -HPD Lincoln Ashida, Esq., Corporation Counsel • BTajREZ due- 1!13/10 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT VINCENT 1'. C. TAI CHANGE OF ZONE APPLICATION (REZ 09 -114) VINCENT T.C. TAI has submitted an application for a Change of Zone from a Single - Family Residential -- 7,500 square feet (RS -7.5) to a Multiple- Family Residential — 2,500 square feet (RM -2.5) zoned district for approximately 3.292 acres of land. The subject property is located at the end of I Iualalai Street, just west of the Hualalai Street / l tale Nani Street Intersection Waidkea, South Hilo, Hawaii TMK: 2 -4- 028:009. PROPOSED ACTION 1. Request: Change of zone from RS -7.5 to RM -2.5 for approximately 3.292 acres of land. 2. Proposed Development: The applicant is requesting a change of zone in order to develop 57 to 62 two -story attached townhouses. Based upon the size of the subject property the proposed RM -2.5 zoning would allow for the development of a maximum of 57 units; however, the applicant proposes to meet the requirements of Section 11 -8, Affordable Housing, Hawai`i County Code, in order to qualify for a 10% density bonus. This would allow for the development of an additional 5 units beyond what is allowed by the Zoning Code, for a total of 62 units. The applicant's preliminary plans are to develop approximately 47 units consisting of three - and two - bedroom units which would be about 1,200 square feet in size, and 10 to 15 units consisting of approximately 890 - square foot two - bedroom units and approximately 625 - square foot one - bedroom units. The development would also include common recreation /play areas, a swimming pool, on -site parking, and landscaping. (Planning Department (P.D.) Exhibit 1 - Change of Zone Application ) 3. Objective: The applicant believes the subject property's location close to Hilo's town center makes it an ideal urban infill development of higher density residential uses that will allow residents to walk or take public transportation to town rather than use a vehicle, thereby reducing greenhouse gas emissions. 4. Project Schedule /Cost: The applicant estimates infrastructure improvements (i.e. • ATTACH: Cam. 756 Bill 229 driveways, utility connections) will take approximately 4 months and cost $800,000 to construct. Due to the uncertainty of financing and market conditions, the time schedule and cost to construct the proposed project are unknown at this time. 5. Landowner: Vincent T.C. Tai. STATE AND COUNTY PLANS 6. State Land Use Designation: Urban. 7. County Zoning: Single- Family Residential -- 7,500 square feet (RS -7.5). 8. GP LUPAG Map: Medium Density Urban. 9. Hilo Community Development Plan (CDP): The Hilo Community Development Plan adopted by Planning Commission Resolution No. 1 on May 21, 1975 identifies the area as RS /RM/PUD. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 10. Subject Property: The subject property is relatively flat and has previously been graded. It is unproved with a one -story single - family dwelling, detached carport, and swimming pool located on the far northwest end of the property. These structures would be removed upon approval of the change of zone request and development of the property. 11. Surrounding Zoning/Land Uses: Adjacent properties are zoned RS -7.5 and arc in single - family residential use. The Hualalai Subdivision, consisting of single - family dwellings is located immediately to the south of the subject property. Higher density double - family and multiple - family residential uses, including Lanakila Homes Public Housing is located further south on lands zoned RD -3.75. The County Police Department Headquarters complex and St. Joseph's School are located nearby on Kapi`olani Street. The owner of the adjacent properties to the north recently requested a change of zoning to RM -1.5 in order to develop a four- story, 100 -unit residential complex. 12. ALJSH: Existing Urban Development. 13. Land Study Bureau's Detailed Land Classification System: Existing Urban Development. 14. U.S. Soil Survey: Keaukaha extremely rocky muck, 6 to 20 percent slopes (rKFD) consists of approximately eight inches thick of soil above pahoehoe lava bedrock. The -'- soil above the lava is rapidly permeable. The pahoehoe lava underneath is very slowly permeable, but water moves rapidly through the cracks. Runoff is medium, and the erosion hazard is slight. 15. FIRM: Zone "X ", an area determined to be outside the 500 -year flood plain. Major depression ponding occurs northeast of the subject property along Kapi'olani Street. 16. Floral /Faunal Resources: A flora and faunal survey of the property was conducted by Geometrician Associates, LLC in June 2009. The survey found no rare, threatened or endangered floral or faunal species on the property, but recommended against removing or disturbing vegetation during the months of June and July in order to avoid impacts to any roosting endangered Hawaiian hoary bats, which are difficult to detect. 17. Historical/Archaeological/ Cultural Resources: The property has previously been grubbed and graded; therefore it is unlikely that any historic resources remain on the site. In a letter dated June 29, 2009 the Department of Land and Natural Resources (DLNR) State Historic Preservation Division determined that no historic properties would be affected by the proposed project because urbanization has altered the land. There are no known cultural resources on the property. 18. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. 19. Scenic Resources: The property sits at an elevation of about 90 feet above sea level and is relatively flat. There are no scenic views from the property. 20. Traffic: The proposed project is estimated to generate approximately 33 peak hour trips based on the Institute of Transportation Engineers, "Trip Generation Handbook ", which is a negligible increase in traffic for the area. PUBLIC UTILITIES AND SERViCF,S 21. Access: Access is from Hualalai Street, a two -lane County roadway with a pavement width of 32 feet within a 60 -foot wide right -of -way. The applicant is proposing to construct a 32 -foot wide asphalt paved driveway aligned with Hualalai Street. 22. Water: County water is available from an existing 8 -inch waterline within Kapi`olani Street approximately 260 feet from the property. 23. Wastewater System: The project will connect to the County sewer system. 24. Solid Waste: Solid waste will be disposed of at an authorized landfill by commercial -L haulers or individual homeowners. 25. Essential Utilities and Services: Telephone and electrical services are available to the property. Police and fire services are available nearby in downtown Hilo. Medical services are available at Hilo Medical Center. AGENCIES' AND ORGANIZATIONS' COMMENTS 26. Department of Public Works (DPW): P.D. Exhibit 2 — December 30, 2009 memo 27. Department of Water Supply: P.D. Exhibit 3 — January 11, 2010 memo 28. Department of Environmental Management: P.D. Exhibit 4 — December 10,2009 memo 29. Police Department: P.D. Exhibit 5 — December 14, 2009 memo 30. Fire Department: P.D. Exhibit 6 — December 10, 2009 memo 31. Department of Health (DOH): P.D. Exhibit 7 — December 10, 2009 memo 32. Department of Education: P.D. Exhibit 8 — December 23, 2009 letter AGENCIES - NO COMMENTS /CONCERNS 33. DLNR Land Division. AGENCIES - NO RESPONSES 34. Office of Housing and Community Development, HELCO, Civil Defense Agency, DLNR Historic Preservation Division, Natural Resources Conservation Service (NRCS), Department of Parks and Recreation. APPLICANT'S RESPONSE TO AGENCIES 35. P.D. Exhibit 9 — Letters dated January 5, 2009 to DPW and DOH PUBLIC COMMENTS 36. P.D. Exhibit 10 — Letter from Ritchie Henderson dated October 29, 2009 37. P.D. Exhibit 11— Letter from Clarence Mendonca dated October 25, 2009 Exhibits 10 and 11 were submitted to the Planning Department when the applicant filed a change of zone application from RS -7.5 to RD -3.75 and RM -1.5 in September 2009 for the subject property. That application was withdrawn in November 2009; however these letters are relevant to the current change of zone request. -4- • CHANGE OF ZONE APPLICATION COUNTY OF HAWAII " , , , PLANNING DEPARTMENT - • (7Type or legibly print the requested information) APPLICANT: WNNT T• C• TA I APPLICANT'S SIGNATURE: '� A � DATE:$W 11. 2001 ADDRESS: •1$k Pt1UNb 7OP 'DWV7✓' , PIDNo(.ULGt • q&$22 LIST APPLICANT'S INTEREST IF NOT OWNER: Arnett/Orr Ig t LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (Res.) (Fax) LANDOWNER(S): LANDOWNER SIGNATURE(S): DATE: (May be by letter) LANDOWNER(S) ADDRESS: REQUEST: _ IC s - 7 • ! TO ISM - 2.9 (Existing zoning) (Proposed Zoning) TAX MAP KEY: 3- Z - of- — Z$ :01 STREET ADDRESS OF PROPERTY: Mot ALIAIStklikt 5'/ r . Hite , ftI 8672 SIZE OF PROPERTY OR AFFEC'T'ED AREA(S) TO BE REZONED: 3. 2l2 As AGENT: ,9AM5 A0 ArekM NT ADDRESS: TELEPHONE:(Bus.) tog' 3 ( r7 (Res.) (Fax) 9 4 141 ?' ' lease indicate to whom original correspondence and copies should be sent. • )RIGINAL: V1nt ni T• G• T» COPIES: NONE (See Instructions on Reverse Side) Planning Dept. Exhibit, ` ATTACHMENT • Residential Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Nd If yes, please answer the rest of question 1 and then to que tis on 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? d. Do you intend to build houses on the newly created lots? If yes, please answer the following questions: On how many of those lots? • At what approximate price range? House Lots Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of subdividing tne subject area, 0o you intend to: a. Sell or lease the land to someone who has firm plans? °°-- b. Sell or lease the land to someone who has tentative plans? • c. Sell or lease the land to someone who has no plans? d. Keep it? • Ye9 e. Other (please state) l 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. 3. Do you think that your request and your further plans ‘1-9 for the land will alleviate the local housing situation? How? - pm moJ or WWL- PRavute At?PRdPUVI Trig Ai TfrarignAireo AT Mfric— 1 FR AlWD A 7 IP rAfta'( lO - ro 14 arena& 0 .6 11 Mj UHLTP G r,al‘PAPotb watt cowry of u'4. ,wb ferti9NC7 ftnPIR$MENT* 4. Are there any buildings on the subject area? Y$G If so, what kind? A l, ZeO ft tDunE f WARS CAP-ra-r hivA SWWMM1Nt4 rapt, . What do you intend to do with those buildings if your request is approved? 9.t DCW EKIgflPto('9fa 4tT P49 [Hammer in 9SJ11&M►Nc( ?c1dt . -2- 5. Is the subject land currently being used for any agricultural activitity? (40 If so, please list the kinds of products grown and on now many square_feet or acres of land per product. • 6. To your knowledge, has there been any flooding and /or drainage problem on the subject area? JVb If so, please describe the problem. 7. Do you think that the roads leading to the subject area needs improvement? /40 If so, what kind? Is the road adequate for the proposed traffic volume or load? . Nre 8. What sort of governmental assistance and /or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools MC' b. Roads KO c. Sewer Y5f d. Drainage (40 e. Police Protection t•10 -3- • • • Yes No f, • Fire Protection N° g. Recreational Facilities (VD h. Public Utilities Yes i. Other w _ Yee For those checked "yes," please elaborate what type or kinds of improvements and /or assistance are needed. eale4711 watt coVPTY pn o - vrcommez - hW aralA9mT Mt. *Eat" toNN'lroN. h. ea 6 ttPiNlerf/ Mitt tt*tt Aso MisiAmov Tvtayr. Fic e jgaits flx' Tst frttHE ►KSTAMkPoN • • A; . 690(2.47WPCM Mitt '» tr DvAVK fR OVA%S CatWC '►oN Signature: r 1 • Address: Vgdis &DUMPTor CPU te& trANIOLU i,L� Telephone: $08 - 14-1 �9 /0020. Date: /WV- 17 , Z°°1 -4- 6337A/50A • VINCENT T.C. TAI, AIA, ARCHITECT November 17, 2009 PROPOSED DEVELOPMENT AT 364 HUALALAI STREET, HILO, HAWAII TMK: 3 -24-28:09 CHANGE OF ZONE APPLICATION Background and County Environmental Report A. SUBJECT REQUEST 1. Detail of proposed use /development a Project description The subject property is located in downtown Hilo on Hualalai Street near Kapiolani Street. The current address is 364 Hualalai Street and TMK is 2- 4- 28:09. The 3 292 -acre almost flat parcel is currently improved with a single family home of about 1,200SF of living area, a detached garage a swimming pool, and paved driveway. The existing zoning classification is RS -7 5 This Change of Zone application involves changing the entire parcel to zoning classification RM -2 5 which will allow one dwelling for every 2,500 SF of land area or approximately 57 to 62 new dwellings depending on the number of affordable housing units in compliance with County of Hawaii's affordable housing requirements to be included in the project. • b Statement of objectives and reasons for request 1 The objective is to develop 47 attached townhouses and 10 market rate or about 15 affordable multi - family units in accordance with the County's affordable housing policies and guidelines established by the County of Hawaii's Office of Housing and Community Development 2. In recent years, there were new laws in place or in the making in many States and local jurisdictions in order to curb urban sprawl and reduce greenhouse gas emissions While there are many strategies being devised and pursued, among the most obvious ones are those related to housing development, land uses that allow people to reduce travel distance from home to work and improvement �f public transit Local zoning and environmental rules are changed to allow infill, higher density land use and smaller lots in city centers The subject parcel is a city center infill property ideally suitable for higher density and smaller dwelling /lot development 3. There are existing higher density zoned properties near or surrounding the subject property The proposed project's density after rezoning is compatible with those of the neighboring properties. 4. It is a known fact that the value of homes in Hilo is comparatively lower than those in other cities in the State of Hawaii while the construction cost of new homes is just as expensive For this reason, the value of developable land or parcels needs to be adjusted substantially lower in order to make economic sense to build new affordable or market rate housing in Hilo. One reasonable approach to resolve this issue is to allow smaller dwellings /lots or higher density development in or near the city's center. • c Land area approximately 3 292 acres (143,400 SF) d. Proposed development A planned development to be named " Hualalai Court' consists of 47 townhouses with living area approximately 1 250 SF each In addition, the proposal also includes either 10 market rate or about 15 affordable multiple housing units. The living areas of one - bedroom unit and two- bedroom unit are approximately 625 SF and 890 SF respectively The landscaped area consists of approximately 67,800 SF or 47% of the total land area There will be communal recreation or play areas in various part of the site including a swimming pool with fencing around it. • 1 • e The infrastructure improvement to construct the driveways and utilities will take about 4 • months at an estimated cost of about $800,000 Due to the uncertainty of the financing and market conditions, the time schedule and the cost to build out the project are unknown at this time The applicant at present is considering various options, such as to build the affordable housing units only, and sell off or joint venture with another developer to build the infrastructure and the entire project f. Membership size /number of employees and clientele are not applicable with residential rezoning g Parking will conform to requirement under the zoning classification RM -2 5 zoning requires 1 25 parking spaces for each residential unit. The applicant intends to provide sufficient parking to comply or exceed with the requirement h Since the project is located in downtown Hilo, the traffic impact will be insignificant due to the established street patterns and close proximity to places of shopping and work. The use of automobiles may be reduced as residents may choose to walk or bike The impact from changing the zoning from RS -7 5 to RM -2.5 is considered negligible. The existing RS -7.5 allows approximately 15 lots (minimum 7,500SF) and in addition allows one additional separate dwelling on one lot; i.e one main residence and one Ohana unit In most likelihood, these dwelling units will be larger with more bedrooms and accommodate more residents than the smaller proposed townhouses and affordable units In terms of number of bedrooms and residents, for demonstration purpose, most single family dwellings under RS -7.5 would have 3 to 4 bedrooms while the proposed townhouse has an average of only 2 bedrooms, and the affordable dwellings are mainly 1 bedroom units. On this basis, 15 dwellings plus 15 Ohana units under RS -7 5 zoning will contain 90 to120 bedrooms The proposed 47 townhouses will have a total of 102 bedrooms and the 15 affordable units will have about 19 bedrooms, with a total of about 121 bedrooms Therefore the estimated increase in the total number of residents resulting from the change of zoning as requested in this application is either negligible or very insignificant in terms of impact on traffic The proposed project's vehicular entry to the property will be a 32' wide driveway that aligns with Hualalai Street which is also 32' wide. i. Other related information: None j The proposed off -site infrastructure work will include but not limited to connection to existing utility lines in Hualalai Street The proposed on -site infrastructure work will include but not limited to construction of roadways, parking stalls, and all necessary utility provisions. B. CONFORMANCE WITH STATE/COUNTY PLANS 2 State Land Use designation. Urban District 3. Project is not in the SMA, and not contrary to Chapter 205A, Coast Zone Management's objectives (1) Recreational resources; The subject property is not located along the coastline. The objective to provide coastal recreational opportunities accessible to the public is not applicable (2) Historic resources; The Department of Land and Natural Resources had determined there is no historic properties will be affected by this project There are no known natural and manmade historic and prehistoric resources in the subject property that are significant in Hawaiian and American history and culture. (3) Scenic and open space resources, Scenic or coastal resources' The subject property is not a natural beauty site under the General Plan and is not located along the coastline The proposed development will not impact any scenic and coastal resources. (4) Coastal ecosystems, The subject property is not located along the coastline The objective to protect valuable coastal ecosystems, including reefs, from disruption and minimize adverse impacts on all coastal ecosystems is not applicable (5) Economic uses, The proposed development will not have significant impact on the economic resources of the area It will increase slightly in the supply of medium - priced 2 single family homes and affordable rental units in downtown Hilo The construction of the project and the management and maintenance of the property after completion shall provide short and long term jobs for local residents (6) Coastal hazards; The subject property is almost flat and not located along the coastline and not near a stream The storm water will be handled by an on -site drainage system that consists of a series of drywells and there will be no off - site runoff (7) Managing development, The subject property is not located along the coastline. The objective to improve the development review process, communication, and public participation in the management of coastal resources and hazards is not applicable (8) Public participation; The subject property is not located along the coastline The objective to stimulate public awareness, education, and participation in coastal management is not applicable (9) Beach protection; The subject property is not located along the coastline The objective to protect beaches for public use and recreation is not applicable. (10) Marine resources, The subject property is not located along the coastline The . objective to promote the protection, use, and development of marine and coastal resources to assure their sustainability is not applicable. 4 Applicable goals /policies and objectives of the General Plan a Applicable Goals: (1) Attain safe, sanitary, and livable housing for the residents of the County of Hawaii (2) Attain a diversity of socio - economic housing mix throughout the different parts of the County. (3) Maintain a housing supply that allows a variety of choices. (4) Create viable communities with affordable housing and suitable living environments (5) Seek sufficient production of new affordable rental and fee - simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals (6) Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background, and income. (7) Make affordable housing available in reasonable proximity to employment centers. (8) Encourage and expand home ownership opportunities for residents. (9) To provide for multiple residential developments that maximize convenience for its occupants (10) To maximize choices of single - family residential lots and /or housing for residents of the County. (11) To ensure compatible uses within and adjacent to single -family residential zoned areas. (12) To provide single - family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers that takes natural beauty into consideration (13) To enhance the overall quality of life in our residential communities b Applicable Policies (1) Encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies (2) Encourage corporations and nonprofit organizations to participate in Federal, State and private programs to provide new and rehabilitated housing for low and moderate income families (3) Support the construction of housing for minimum wage and agricultural workers. (4) Increase rental opportunities and choices in terms of quality, cost, amenity, style and size of housing, especially for low and moderate income households. (5) Investigate the use of the County's taxing powers as a possible means to increase. the supply of affordable housing 3 • • (6) Work with, encourage and support private sector efforts in the provision of affordable housing (7) Vacant lands in urban areas and urban expansion areas should be made available for residential uses before additional agricultural lands are converted into residential uses (8) Aid and encourage the development of a wide variety of housing to achieve a diversity of socio- economic housing mix (9) Appropriately zoned lands shall be allocated as the demand for multiple residential dwelling increases These areas shall be allocated with respect to places of employment, shopping facilities, educational, recreational and cultural facilities. and public facilities and utilities (10) Incorporate reasonable flexibility in applicable codes and ordinances to achieve a diversity of socio - economic housing mix. (11) Encourage flexibility in the design of residential sites, buildings and related facilities to achieve a diversity of socio- economic housing mix and innovative means of meeting the market requirements. (12) Applicable codes and ordinances shall be reviewed and amended as necessary to include consideration for urban design, and aesthetic quality through landscaping, open space, and buffer areas. (13) Support the rezoning of those multiple residentially zoned lands that are used for other purposes to a more appropriate zoning designation. (14) Require developers to provide basic infrastructure necessary for development. (15) To assure the orderly use of single - family residential zoned areas and to curb speculation and resale of undeveloped lots, the County may impose incremental and conditional zoning, which would be based on performance requirements This is to assure that a certain percentage of buildings will be constructed (16) Encourage innovative uses of land with respect to geologic and topographic conditions through the use of residential cluster and planned unit developments (17) Encourage and coordinate with the State in providing fee simple and leasehold single - family residential lots to the residents through State and /or County Housing Programs (18) Incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio - economic housing mix and to permit aesthetic balance between single - family residential structures and open spaces. (19) Re- evaluate existing undeveloped single - family residential zoned areas and reallocate zoned lands in appropriate locations (20) Designate and allocate single -family residential zoned lands at varying densities for future use in accordance with the needs of the communities and the stated goals, policies, and standards 5. General Plan designation (LUPAG Map) Medium density urban 6 Zoning- The current zoning of the property is RS -7 5 7. Community Development Plan. RS /RM /PUD 8. Special Management Area Subject property is not within SMA. • C PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTYAND SURROUNDING AREA 9 Subject property description: The subject property is located in downtown Hilo on Hualalai Street near Kapiolani Street. The 292 -acre of land is almost flat. The property IS improved with a one -story family home of about 1 200 SF of living area with a separate parking structure and a swimming pool located at the far northwest end of the property All these existing improvements will be removed upon approval of the change of zoning. 10 Lava Hazard Zone No 3 11 The distance from the coast line is approximately 0.7 miles. .12 ALISH designation No designation Source Mr Earl Yamamoto, Planner with Department of Agriculture 13 U.S D.A. Natural Resource Conservation Services Soil Service Report soil type. rKFD 4 14. Land Study Bureau soil rating. There is no rating for the subject property because it is within an urban area. 15 Flood Insurance Rate Map (FIRM) designation 'X' — outside 500 -year flood zone. Source' Mr. Carter Romero, Engineering Department, DPW. 16. There is no existing drainage way or improvement The storm water will be handled by an on -site drainage system that consists of a series of drywells and there will be no off -site runoff. 17 Air quality There no specific concern or adverse effect on air quality due to the subject project Source: Ed Yamamoto of Department of Environmental Management Noise quality The property is currently exposed to the usual city ambient noise, such as traffic, birds, wind, and occasional aircraft Although there will be a slight increase in traffic resulting from the rezoning (refer to Section 1(h) for bedroom count), the subject project will not have significant impacts on noise All activities during construction will comply with DOH's Chapter 11 -46, HAR, Community Noise Control Water quality: The subject project will not have an adverse effect on water quality Water system will be connected to County's 8 -inch line at intersection of Hualalai and Kapiolani Street. Additional water runoff due to the subject project will be disposed within the property and will not be discharged onto adjacent properties and roadways 18. Existing archaeological, cultural or historic sites on National Register or Hawaii Register. Letter from the State of Hawaii Department of Land and Natural Resources dated June 29, 2009 indicates no historic properties will be affected resulting from the propose development. 19. Existing floral /faunal resources: Mr Ron Terry of Geometrician Associates, LLC was engaged to conduct a survey and prepare a report (attached) It was determined that the flora consisted almost entirely of introduced species and that no rare, threatened or endangered plant species were present. Development of the property would not have any adverse impacts in terms of the conservation of native plants. Furthermore, the non - native vegetation coupled with the urban and developed nature of the property indicates that it is unlikely to provide habitat for most native terrestrial or aquatic vertebrates, or for any for any rare, threatened or endangered invertebrates. In order to avoid impacts the Hawaiian hoary bat, a listed endangered species, it was recommend that no major vegetation clearing occur during the months of June and July Furthermore, in order to avoid impact to threatened and endangered seabirds, the development will adhere strictly to the Hawaii County Lighting Ordinance, which requires lighting to be shielded so that it does not shine upward 20. Scenic or coastal resources The subject property is hot a natural beauty site under the General Plan and the proposed development will not impact any scenic and coastal resources. 21. There were no known traditional and customary native Hawaiian rights that are exercised in the subject property 22 The project is a private development. There is no public access within the property 23 The proposed development will not have any significant impacts on the social settlement pattern in this area. The property is located in downtown Hilo with established social pattern. The proposed residential units will most likely conform with medium market pricing comparable to similar developments nearby • 24: The proposed development will not have significant impact on the economic resources of the area. It will increase slightly in the supply of medium - priced single family homes and affordable rental units in downtown Hilo • 25. Land Values: Approximately $400,000 to $600,000 per acre 26 Land use Medium Density Urban Residential. The adjacent properties are mainly residential developments with a mixture of educational (St Joseph School) and governmental (Police station) uses nearby. 27 Zoning, Existing zoning is RS -7 5 The proposed change of zoning will be RM -2.5 The properties in the neighborhood are generally low to medium density residential zoning classifications There are existing higher density zoned properties near or surrounding the subject property. For example, the properties to the northeast (TMK. 2-4- 025 -049) is zoned RM -1 0, properties east (St. Joseph School) and south (south of Pale Nani Street) of the subject property (are zoned RD -3 75 The owner of the adjacent property (TMKs' 5 • • • 3 -2-4 -025 048, 053 and 080), Mr Broschette is in the process applying for rezoning from RS -7 5 to RM -1 5 that will allow 100 multi - family units. D. PUBLIC FACILITIES AND SERVICES 28. Description of access: The property access driveway is from the west end of Hualalai Street before it turns south to Hale Nani Street The entrance to the property will be served by 32 -ft wide new asphaltic paved driveway aligned with Hualalai Street which is also a 32 -ft wide paved road. 29. Availability of water: Source Mr Milton D Pavao, Manager of County of Hawaii Department of Water Supply There is water available from an existing 8" waterline at the intersection of Kapiolani and Hualalai Streets 30 Sewage disposal. There is an existing 8" sewage line on Hualalai Street that turns onto Hale Nani Street with a manhole in front of and approximately 30 -feet from the subject property. The applicant will work with the governing agencies to provide lateral connection to the existing system. 31 Solid waste. To be disposed at the South Hilo Sanitary Landfill Disposal will be serviced by the individual homeowners or contract with private companies 32. Police and Fire protection' Hawaii County Police Department's headquacters is on Kapiolani Street. Fire station is on Kinoole Street, about half a mile from the subject property• 32 Schools: Within half a mile radius, Chiefess Kapiolani School, Greenwich University, Haili Christian School, Hilo High, Hilo Intermediate, Hilo Union Elementary, St. Joseph Schools, University of Hawaii, Waiakea High School 33. Parks' Within half a mile radius; Lincoln Park, Mooheau Park, Mohouli Park, University Heights Park, Keikiland Playground, Waiolama Field 34 Other utilities and services: Electricity by Hawaii Electric Light Company Telephone by Hawaiian Telcom. E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 35. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity: The proposed development is beneficial to the community since it conforms to the short and long term goals and policies under the General Plan The project will produce more infill medium or affordable market rate housing which will result in curbing urban sprawl and reducing greenhouse gas emissions The proposed change of zoning classification is in conformity with the zoning for the surrounding properties which is generally residential in nature. 36 Mitigative measures' The proposed development will have no significant or adverse impacts on the environment and no mitigation measures are needed During construction phase, all activities will comply with provisions of DOH, HAR 37 Alternatives to the proposed development. Alternative 1' Keep the existing improvements and no new development Alternative 2 Development to conform to existing zoning classification of RS -7.5. Most likely, this scenano will result in 15 lots at minimum 7,500 sf each, or 30 dwellings (each lot allows one main dwelling and one Ohana dwelling) 38 Irreversible and irretrievable commitments of natural resources that would be involved if prepared action implemented. The proposed development will cause the use of fuel, water, and electricity in varying degrees during construction phase and after completion of construction. However, the irreversible and irretrievable commitments of natural resources are insignificant within the city and regional contexts, and being offset by the benefits offered by the production of more infill housing. This project will also employ certairvalternative energy saving schemes such as solar water heaters, architectural design to provide natural ventilation, recycling ram water for irrigation and water- saving bath fixtures 6 - sr A 11 Mr. Ron Terry of Geometrician Associates. LLC submitted a report on flora and vertebrate fauna survey on June 30, 2009 for the 3 3 Acre lot on Hualalai Street (TMK 2 -3- 028'009), Hilo. Hawaii The followings are information provided in the report. Summary • Mr. Ron Terry of Geometrician Associates visited the subject property and determined that the flora consisted almost entirely of introduced species and that no rare. threatened or endangered plant species were present Development of the property would not have any adverse impacts in terms of the conservation of native plants Furthermore, the non - native vegetation coupled with the urban and developed nature of the property indicates that it is unlikely to provide habitat for most native terrestrial or aquatic vertebrates, or for any for any rare, threatened or endangered invertebrates. In order to avoid impacts the Hawaiian hoary bat, a listed endangered species, Mr. Terry recommend that no major vegetation clearing occur during the months of June and July Furthermore, in order to avoid impact to threatened and endangered seabirds, it is important that all subsequent development adhere strictly to the Hawaii County Lighting Ordinance, which requires lighting to be shielded so that it does not shine upward Further details are contained below. Purpose and Methodology The subject property is a 3.3 -acre lot on Hualalai Street immediately east of Kapiolani Street, in Hilo, on the Island of Hawai'i. The property is currently zoned RS -7.5 (medium density residential) and has an existing house with a detached garage and a swimming pool Mr. Terry visited the subject property on June 29, 2009, and walked all portions of it inspecting the vegetation. The property is basically flat and no drainage courses were visible. Vegetation and Flora Most of the property appears to have been graded in the past and it is entirely covered with introduced species. About half is maintained in lawn or low, managed vegetation, and the remainder is secondary forest, no native forest remains. The principal elements are large specimens of the trees mango (Maniifera indica), litchi (Litchi chinensis), African tulip tree (Spathodea campanulata), gunpowder tree (Trema orientalis), and Alexandra Palm (Archontophoenix alexandrae). A bamboo grove (Bambusa sp.) takes up the mauka edge of the property. Groundcover in the forested area is dominated by a.wide variety of species including dssotis (Dissotis rotundifolia) and thimbleberry (Rubus rosifolius) A number of alien vines including pilau maile (Paederia scandens), woodrose (Merremia tuboi'osa), the thorny wait -a -bit (Caesalpina decapetala) and Philodendron sp festoon the trees The plants observed during the reconnaissance are listed in the Table 1 attached. VINCENT T.C. Tai. AIA. Architect 2184 Round Top Drive Architecture Honolulu III 96822 Planning 808 -735 4486 Tel Interior 808.941 3778 Fax Email faiArchitectnreccgmail com • Page 2 Terrestrial Vertebrate Fauna The urban surroundings, low elevation and alien- dominated plant community indicates poor habitat for most native Hawaiian forest bird species, and none were detected. Birds observed and expected on the site were all common aliens, including Common Myna (Acridotheres tristis), Northern Cardinal ( Cardinalis cardinal's), House Finch (Carpodacus mexicanus). Spotted Dove (Streptopelia chinensis), Japanese White -eye (Zosteropsiaponicus) • Despite its urban setting, several native terrestrial vertebrates may be present in the general area and may overfly, roost, nest, or utilize resources of the property, including the endangered Hawaiian Hawk (Buteo solitarius), the endangered Hawaiian hoary bat (Lasiurus cinereus semotus), the endangered Hawaiian Petrel (Pterodroma sandwichensis), and the threatened Newell's Shearwater (Puffinus auriculans newelli) These species can be found throughout the urban areas of Hilo. Hawaiian Hawks may nest in large trees and be vulnerable if the tree or nearby vegetation is disturbed. However. the type of trees found on the property and the very urban nature make it very unlikely that Hawaiian Hawks would find the area suitable habitat. Hawaiian hoary bats "pup" in the summer months and may also be vulnerable to any vegetation disturbance. Hawaiian hoary bats are difficult to detect and may roost in fairly urban settings The action can avoid impacts to the bat by refraining from disturbing or removing the vegetation during the months of June and July. Although there is no suitable nesting habitat within the subject property for the listed seabirds, they may overfly the area on their way to nesting sites on the high mountains. The leading cause of death for these species in Hawaii is predation by alien mammals at the nesting colonies, followed by collision with man -made structures. Exterior lighting disorients these night - flying seabirds, especially fledglings, as they make their way from land to sea during the summer and fall When disoriented, seabirds often collide with manmade structures and, if not killed outright, the dazed or injured birds are easy targets for feral mammals. The action can avoid impacts to these listed seabirds by shielding any lighting, in conformance the Hawai'i County Outdoor Lighting Ordinance (Hawai'i County Code Chapter 9, Article 14), which requires shielding of exterior lights so as to lower the ambient glare caused by unshielded lighting. All land reptiles and amphibians in Hawaii are introduced and none are of conservation concern. • Aquatic Fauna and Invertebrates The property does not include and is not adjacent to aquatic habitat, and no effects to any aquatic fish or invertebrate species would occur. Vincent T.C. Tai. AIA, Architect Architecture Planning Interior Page 3 The invertebrate fauna of most of the island of Hawaii has not been completely described or studied. Howeper, it is known that in general, native invertebrate species are associated with native .vegetation. Areas dominated by non - native vegetation are less likely to harbor native invertebrates, and particularly threatened or endangered species. As the vegetation of the urban subject property is heavily dominated by aliens, the potential for native invertebrate communities is small. I did not observe, or am otherwise aware of; any caves that might harbor native cave invertebrate No invertebrate species listed as endangered, threatened, or proposed by the U.S Fish and Wildlife Service is known to occur in the project area and no critical habitat is present. Limitations No biological survey of areas such as this can claim to have detected every species present. Some plant species are cryptic in juvenile or even mature stages of their life cycle. Dry conditions can render almost undetectable plants that extended rainfall may later invigorate and make obvious. Thick brush can obscure even large, healthy specimens. Not all birds that might be present in an area will be detected during a survey. The findings of this survey must therefore be interpreted with proper caution; in particular, there is no warranty as to the absence of any particular species. • • • Vincent T.C. Tai, AIA,.Architect Architecture Planning !ntener Table 1 • Plant Species Observed on Site 1 Scientific Name ! Family 1 Common Name I Life Form 1 Status* I i Acacia confusa Fabaceae I Formosan koa ! Trec I A I Andropogon virginicus 1 Poaccac I Broomsedge 1 l•ierb _ 1 A i _ Alexandra Palm 1 "free A 1 Archontophoenix i Arecaceae I 1 alexandrae 1 1 1 Artocarpus altilis I \�otaccae 1 Breadfruit 1 Tree A Sttrub A 1 Bambusa sp. 1 Poaceae j Bamboo 'Begonia sp. 1 Begoniaceae 1 Begonia Herb 1 A j Bidens pilosa - Asteraceae • I Beggar's Tick i Herb I A : I 1 Brachtaria mutica ! Poaceae California Grass j Herb A 1 I Buddleia asiatica ' Buddleiaceae Dog Tail _ 1 Shrub 1 1 Caesalpina decapetala Fabaceae 1 Wait -a -hit Vine A - -� 1 Caladium sp. _ L Araceae 1 Caladium 1 Herb I A i rCanavalia cathartica I Fabaceae Maunaloa Vine I A 1 I A 1 �Cecropia obtusifolia I Cecropiaceac Trumpet Tree Tree ___ I Chamaecrista nictitans ! Fabaceae Partridge Pea i Herb L Chamaesyce hirta Euphorbiaceae Hariy Spurge _.! Herb 1 A_ I Chamaesyceprostrata Euphorbiaceae _ I Spurge. _ 1, Herb _ _j j Christella dentata 1 Thelvptcridaceae i Pai i iha Fern { A Citrus sp. - Rutaceae Orangei Lime 1 1 Tree A • Codiaeum sp. l Euphorbiaceae 1 Croton LShruh 1 A Coffea arabica I Rubiaceae 1 Coffee j Shrub 1 A 1 Coix lacryma -jobi _ 1 Poaceae 1 Job's Tears _ 1 Herb A Herb A Commelina diffusa I Commelinaceae 11 Honohono 1 Shrub � A Cordyline fruticosa Agavaceae Ki Crotalaria sp. Fabaceae I Crotalaria Herb A 1 Cyperus polystachyos Cyperaceae Cyrus 1 Herb 1 —rt 1 — I Desmodium sandwicense !, Fabaceae Spanish Clover Herb I A Dieffenbachia sp. Araceae Dumb Cane i Herb I A I Dissotis rotundifolia Melastomataceac .1 Dissotis • I Vine A 1 I Drymaria cordata Carvophyllaceae I Pipili 1 Herb A Eugenia uniflora Myrtaccae Surinam cherry 1 Tree A 1 1 Fi eus ttticrocarpa j Moraceae B Tree A 1, Tree A __ Fil:ctum decipiens 1 Sapindaceae Fern Tree 1 Fimbristylis dichotoma I Cyperaceae Fimbristylis Herb 1 1 Hedychium sp- I Zingiberaceae Ginger 4 Herb A i Heliconia sp. 1 Heliconiaceac 1 Ileliconia I Herb 1 A Hyptis pectinata 1 Lamiaceae Comb Hyptis 1 Shrub 1 AH Impatiens sp. 1 Balsaminaceae i Touch -me -not 1 Herb I A H 1 1 Ipomoea albs Convolvulaceae I Moon flower Vine A Ipomoea indica • Convolvulaceae 1 Morning Glory Vine 1 1 1 Verbenaceae I Lantana Shrub i A 1 I Lantana camas 1 � Lepisorus thunborgianus 1 Polypodiaceae Pleopeltis I Fern 1 Lindernia sp. 1 Scrophulariaceae Lindernia 1 Herb 1 A Litchi chinensis 1 Sapindaceae Lychee Tree I A A Macaranga mappa Euphorbiaceae 1I Bingabing 1 Tree Mangifera indica 1 Anacardiaceae Mango _ 1 Tree • Biological Reconnaissance Survey, TMK (3' 2-4-028:009, Hilo, Hawai •i Page d Table 1, continued _ Scientific Name Family 1 Common Name 1 Life Form Status' 1 Manihot esculenta Euphorbiaceae Manihot i Shrub I A • Merremia tuberosa [ Convolvulaceae Wood Rose 1. Vine A , Mimosa pudica i Fabaceae Sleeping Grass Herb A Monstera deliciosa Araceae I Monstera Shrub l A i Musa sp. j Musaceae Banana Shrub Nephrolepis multiflora Nephrolepidaceae ` Sword Fern Fern A Oplismenus hirtellus I Poaceae Basketgrass Herb . A Oxalis rubra _ Oxalidaceae Oxalis 1 Herb A l Paederia foetida 1 Rubiaceae Maile Pilau 1 Vine A Panicum maximum Poaceae Guinea Grass Herb ! A Paspalum conjugatum Poaceae . Hilo grass Grass A Perna americana Lauraceae 1 Avocado Tree A Philodendron sp. Araceae [ Philodendron Vine A Phlebodium aureum 1 Polypodiaceae Phlebodium Fern _ A Phymatosorus grossus Polypodiaccae Maile Scented Fern A Fern _ Plumeria sp. Apocynaceae I Plumeria - 4 Shrub A . Psidium catticianutn Myrtaceae Waiawe 1 Tree A Psidium guajava Myrtaceae I Guava ' Tree A Rhynchelytrum repens Poaceae Natal Red Top 1 Grass A Rubus rosifolius 1 Rosaceae 1 Thimbleberry ` Herb . A . Samanea saman Fabaceae Monkeypod LTree A Setaria palmifolia I Poaceae 1 Palm Grass I Herb A - Schefflera actinophylla l Araliaceae Octopus Tree ' Tree A Solenostemon sp. Lamiaceae — ro oleus Shrub A Spathodea campanulata Bignoniaceae African Tulip Tree A Spermacocce assurgens Rubiaceae _ 1 Buttonweed Herb A Stachvtarpheta jamaicensis Verbenaceae Stachytarpheta Herb I A Syngonium sp. Araceae Syngonium Vine A Syzygium cumini Myrtaceae Java Plum _ Tree A I Syzygium jambos Myrtaceae Rose Apple Tree A 1 Syzygium malaccense Myrtaceae Mountain Apple Tree A t Thunbergia alata Acanthaceae _. White Thunbergia I Vine A Trema orientalis I Lilmaceae Gunpowder Tree Tree A ' Wedeliatrilobata 1 Asteraceae 1 Wedclia 1 Vine : A Notes: Alien (AL and Indigenous W. List may not include all species, particularly ornamentals and introduced grasses and ferns. Biological Reconnaissance Survey TMK (3"t .) 2- 4- 028009, Hilo, Rowel •t Page t Vincent T.C.. Tai, AIA, Architect 0 t c / . a e 4 She I d d N 1111 in e1 Kukua n in m 0 E o o Hawaii O 7 County Police ` O Department 5 m o Subject property Bee TMK: 3 -2 -4— =:09 / C ' • �, tt\tw � Jatoto` ` "1\ I 1 51. Joseph I l /I f School o [ [ Hale Nani Street $ 364 Hualalai Street, Hilo — Vicinity Map Noi to Scale • 4IIL i w. �'r Y ^' 6 x 1 N ° r —�— I t� • /\ / •• Y v Y4 �� subel.l,l s r 3I I 1 ` — /� ' keno I J m ^ r- a = I dAi1 11�1�1���1111�y n M1., _ . J • Mfr ° .47,: . x.le Renl sr„1 Vicinity Map 'WI,' �l MI 1, 4,1 • Y ..,„,_,,,,...,,,,_.. 'L., ' .u,k,.iY��ISiI LOT 2 -3.292 acres . - „ „ „. 0.. e6$xxA'r y „ - -- reyep - - CHANGE ZONING CLASSIFICATION ; 1101„ L. a A.. 663 1 _ u , r,s. •,: uu.. '°"”„ ° - FROM RS -7 5 TO RM -2 5 °�� 1 7 Tr P. - r . 1 Inge Y > b e_.n - K. __ 1. LAS —._._ .... 9 16, F I. ,y.. e ll h” :. 1� C F oaemenl A n � - e H u I .... .. Far Rene L : . �� wY'-{; ° Hual6lal•.....e,...._ :oP I. . Z40 ur6eyee — r 5._n 9 ��_.... `` (1.00 59. at, - .. v. ,� n'ie: 8. , ... M1 :A. , .. . L,i " '"A q "I - /Zr. „'. ° I ` ' : 0 .01 4 . _'. a nlha IL_ Sumnnp 1 Ilh.olokl At,ryl,len ' , Il°. • 366 Arts, xenet. PS -7 S no el Loh. 2 `'•� Read ,eee,e nom C,kllnp Xunlelel 517,.1 I Fend Zan• 3 I al. Noni Street . • • Consolidation /Resubdivision Mop ® Imola • .a d A,00clalee. Inc Land situated at Waiakea, South Hilo, Island of Hawaii, Hawaii. M4Y4llrc . Tot Sr • Being portions of Land Patent 8063, Land Commission Award 2663 , - + .' p.np.ne 6r tIhPPe cm. t Ka h u e and a portion of Royal Patent 6790, Land Commission Award l e,n.,,nl6ee . x.rek Ile .pll pefiax P Y canna ens 360 Muo'. Cale,.. A. Tie en , 2402 to Keanlho. J --rs!•. . - -.— YI Sire.. a ° ° AH 6 roe nano. Ella. Xewo5 93720 Consolidation of parcels covered by T.M.K.: 3rd Div. 2 -4 -28: 09 & 31 ....° r.mll..•.eme on a., see Are 6A 2-4-111. e, b,l and Resubdivision Into Lots 1 and 2 and designation of Easement A For Roadway Purposes. g ° ^,;;oe • "- - - -" a DEVELOPMENT PROGRAM IU T A A ..wa...arve:. �' r 'NNIIOUSE A) UNITS / ! • ' ✓I _. d AFFORDABLE HOUSING. IZ UNITS ` , e . I 9 ° R R I PARKING. 7'1 SPACES �I _ I .) a / ,(�.. 'A ?♦ ` Parcel Area 3 29: Arcea tl I xv mom. kY7D. Y.., . Rood Access From Exisl.ny .a' °�— - -- I 1 „ i > 4") E 2 nodalal Street I — I eI !' �` �� J ♦, �� I flood Zone. % . 1 I • ell r°"'ib I / `/ \ x c Tax Map Key. 2 -4 —Z8. 09 11 Le ] . m• $ R " . °w u Pt..... 1; /,g ♦ �' ♦, 1 , ; f • rte 11P t'`Ih7 - -�� .� /4�Y..'i *4 / » 4 ' ' O ] rc RRAra]n� -- 1 I —... Vicinity .... 4 4 47 / ep. , ,) 4i r , .4 i 4,-, 4 - ' . /• s, �� �, � Ij' ® � p r T ^YT "..1 .. _ zxJ. zry .. at, - O Q o 0 ' ) M 1 Y .; I 1 , i Q J 3 u r / R. - ", F' , . F ' *a:, � >�, [���� �.r a ' k �"� ; I m .' / � J Q 2 1 cV m `' e ,. - -r, ,C/ ��i` v'' x x n' ' ic:..a x Jl ] a x O 2. --\ �lAn.r) ' ' / ..� RJ F 5 n�� � 1 a,± Y JV°SI ` F ,I pg. �� !R!I lax CO J . ♦ Hualalai ,a, +ra- 1104, JI rir,,` ra _: I ''k ',(LW y "L iit ireet —__ \ —� ] . �' }'L. o J ° F • �_.' ^. -.-r---. L _. � nwua wo \ A \ /wl. m.n: i°°r 1 4 se Io' p n . , ..L . .. —__ .. I llr HUALALAI COURT — PROPOSED OWNHOUSE DEVELOPMENT 47 TOWNHOUSES & 12 AFFORDABLE UNITS - PROPOSED ZONING CHANGE: RS -7.5 to RM -2.5 ° ' "��°� ' I o °' °" t J ^s�.-Inca.' tan nswes FIBER CEMENT BOARD PAINTED 1 \ ., .. .......... '. `2nd L —NMI -- -- ■■ LI 11 ■■ ■■ 1st F. 1 1 ._. I 2 -BEDRM UNIT 3 -BEDRM UNIT 1— W MI FIBER CEMENT BOARD REAR ELEVATION , _ Cr" PAINTED j CO m 117 2n FL � � - —__ ��,� .. ....... EN IRY IRELUB— NM NM MI — �T— -- -- -- NCO muauu •• Ell ME I■ ■■ ■■ 1st FL. E CAR PORT FIBER CEMENT BOARD n e+a o. . PANTED `°°O 1 it . I a_r 1 . 3 -BEDRM UNIT 2 -BEDRM UNIT FRONT ELEVATION . as . TYP. TOWNHOUSE UNITS hF ( q; ! i 6o 8Z•b )IW1 i = . 6 OZL96 IIVMVI '0111 R ' J 133tl1S IY1V1VflH 49£ y i i lHfl g $ • I • I LD ED Z 1l Ail � F-- H z Id D J ILLLLIL id o z Z D 1 0 CE . 0 w ... z J w 1 m"° rc Z 3 D Q m < I \El I T D CC `' O CD m L Q • p z E ® 1— 0 • . zW I r D J ® w I ix ix 1 Q 1 w i w 1 � . I ® ® N d I- • DEPARTMENT OF PUBLIC WORKS • COUNTY OF HAWAII • HILO, HAWAII DATE: December 30, 2009 Wfrattnetadela • TO: BJ Leithead Todd, Planning Director FROM: ec-ov Department of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09- 000114) Applicant: Vincent T. C. Tai Request: RS -7.5 to RM -2.5 Tax Map Key: 2 -4 -28: 009 We have reviewed the subject application forwarded by your memo dated December 3, 2009 and offer the following comments for your consideration. All development - generated runoff shall be disposed of on site and not directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500 -year floodplain. All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. Hualalai and Hale Nani Streets, fronting the subject property, are owned and maintained by the County of Hawaii. The Hualalai Street right -of -way is 60 feet wide and the Hale Nani Street right -of -way is 40 feet wide. Install streetlights and traffic control devices as may be required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. Questions may be referred to Kelly Gomes at ext. 8327. la injng Dept. Exhibit 2. County of flnwau is an Equal Opnortunnv Provider and Fmnfover pY la' I19 g § ( 1 19 1 .: ',i+1 ''� DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII a o �yfyoF, HAwa a p3 P � 345 KEKUANAO'A STREET. SUITE 20 • HILO. HAWAII 96720 TELEPHONE (808) 961 -8050 • FAX (808) 961 -8657 January 11, 2010 TO: Ms. f3.1 Leithcad Todd, Planning Director Planning Department t ' FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09- 000114) APPLICANT — ViNCENT T. C. TAi ■ ' • REQUEST: RS -7.5 to RM -2.5 ` ' TAX MAP KEY 2- 4- 028:009 ' •. We have reviewed the subject application and have the following comments and conditions. Water can be made available from an existing 8 -inch waterline within Kapi`olani Street approximately 260 feet from the subject parcel For your information. we have no record of any existing services assigned to the subject parcel, although the applicant indicates that there is an existing single family dwelling with a swimming pool on the site. The Department has no objection to the proposed change of zone application subject to the applicant understanding and accepting the following conditions: 1. Prior to effecting a water commitment for the proposed development, the Department requires that the applicant provide an exact breakdown of the total number of units to be developed. In addition to the breakdown of units, the Department also requests that maximum daily water usage calculations, prepared by a professional engineer licensed in the State of Flawai`i, be submitted showing the estimated daily water demand for landscape irrigation, recreational areas, and swimming pool. The water usage calculations should also show the estimated peak flow for the development in gallons per minute. IJpon receipt and approval of the above information, the Department will determine the water commitment deposit due, facilities charges to be paid (subject to change), and the appropriate service lateral and meter size required for the project. 2. The applicant win be required to extend approximately 260 lineal feet of 8 -inch waterline from the existing 8 -inch waterline within Kapi`olani Street to front the property. The 8 -inch waterline is required for both domestic water service and fire protection. 3. The proposed project will require the installation of a reduced pressure type backflow prevention assembly within five (5) feet of the meter on private property. The installation of the baekflow prevention assembly must be inspected and approved by the Department before water service can be activated. 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. — Planning Dept. SCANNiED I 1. Exhibit 3 — d6:91003 ... Water, Our Most Precious Resource ... Ka War Koine .. . • Ms. BJ Leithead-Todd, Planning Director Page 2 January 11, 2010 Should there be any questions, you may contact Mr. Finn McCall of our Water Resources and Planning Branch at 961 -8070, extension 255. Sincerely yours, Milton D. Pavao, P.E. Manager FM:dfg copy - Mr. Vincent T. C. Tai • • • P u �, „ os William P. Kenoi ft * Lono A. Tyson .4 /urur• r'i"=' Director ' r r'' = Ivan M.'rori William T. 7'akaba • r o_ M ►___ goe' Managing Derecror Deputy Director Count of Paivatil DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo, Hawaii 96720 (808) 961 -8083 - Fax (808) 961 -8086 hnp: / /co.hawan hi.us /dlrectorv/dir envmng him MEMORANDUM Date : December 10, 2009 To . BJ LEITHEAD TODD, Planning Director From: ',ONO A. TYSON, Director Subject: Change of Zone Application (REZ 09- 000114) Applicant: Vincent T. C. Tai Request: RS -7.5 to RM -2.5 TMK: 2 -4 -28:09 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: Try com. 1TS 3 kaii 49 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 Hawaii County Code. Complete D.E.M. Sewer Extension Application. ( v/ Require extension of the sewer system to service the proposed subdivision in accordance with Section 23 -85 the Hawaii County Code. . ( LAT Other: CYtfl,Jt SO+t.•t- P$_ }f -k- 4Ch at - 37, 3C"'/cwL It" an pa., vv. Z.o CO.uw7GtsG1r0 SOLID WASTE COMMENTS: ( ) No comments (X) Commercial operations, State and Federal agencies, religious entities and non -profit organizations may not use transfer stations for disposal. ( S) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. ( )6 ) Ample and equal room should be provided for nebbish and recycling. (4) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. ( k0) Construction and demolition waste is prohibited at all County Transfer Stations. Ni) Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( ) Other:_ Planning Dept. SCANNED cc: SWD, WWD 'Exhibit N 12287 B p a it 5 County of Hawaii' is an Equal Opportunity Provider and Employer �� t + w :: William P. Kenoi ; � •1j� • '• Lon° A. Tyson Manor _- •ss:. , Director William T. Takabu •• t Ivan M. Torigoc Managing Director -. - De�xe1�• Cnuunt r of tan DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo, Hawaii 96720 (808) 961 -8083 - Fax (808) 961 -8086 18t p / /co.hawail.hijls/directory /dir envtnna htm February 12, 2009 SOLID WASTE MANAGEMENT PLAN • Guidelines INTENT AND PURPOSE • This is to establish guidelines for reviewing solid waste management plans, for which special conditions are placed on developments. The solid waste management plan will be used to: (1) promotes and implement recycling and recycling programs, (2) predict the waste generated by the proposed development to anticipate the loading on County solid waste management facilities, and (3) predict the additional vehicular traffic being generated because of waste and recycling transfers. A qualified consultant shall prepare a suitable solid waste management plan for review by the Department of Environmental Management. REPORT The Solid Waste Management Plan will contain the following: 1. Description of the project and the potential waste it may be generating" i e. analysis of anticipated waste volume and composition. This includes waste generated during the construction and operational or maintenance phases. Waste types shall include (but not be limited to): A. Organics (including food waste and green wastes); 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 liawat`i is an Equal Opportunity Provider and Employer Solid Waste Management Plan Guidelines Page2of2 vehicle movements and associated routes that will be used to transport the waste and recycled materials: 4. The report will include identification of any impacts to County- operated waste management facilities, and the appropriate mitigation measures that will be implemented by the development to minimize these impacts. 5. Analysis will be based on the highest potential use or zoning of the development. REQUIREMENTS AND CONDITIONS 1. A solid waste management plan will be prepared for all commercial developments, as defined under the policies of the Department of Environmental Management, Solid Waste Division. 2. The Department of Environmental Management will require the developer to provide or resolve all recommendations and mitigation measures as outlined in the solid waste • management plan; besides any conditions placed on the applicant herein. 3. A State of Hawaii licensed engineer will draft and certify in writing the solid waste management plan as complying with applicable Federal, State and County of Hawaii solid waste laws, regulations, and administrative rules. Should you require additional information, please contact Michael Dworsky, P.E., Solid Waste Division Chief at 808- 961 -8515. CONCUR: ion- A. Lono A Tyson DIRECTOR • County of Hawaii is an Equal Opportunity Provider and Employer YY OF • • William P. Kenoi Ham S. Kubojiri M1lavnr _2 __� _ Police Chef • Paul K. Ferreira County of Hawaii °``'° r °` "` " "`f POLICE DEPARTMENT 349 Kapiolani Street • Hilo, Haw•an 96720-3998 (808) 935 -3311 • Fax (808) 961 -8865 December 14, 2009 TO : BJ LEIT AD TODD, PLANNING DIRECTOR FROM :' DEREK D. P ECO, ASSISTANT POLICE CHIEF AREA I OPERATIONS SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09- 000114) APPLICANT: VINCENT T.C. TAI REQUEST: RS -7.5 to RM -2.5 TAX MAP KEY: 2 -4 -28:09 Staff, upon reviewing the provided documents and visiting the proposed project site, does not anticipate any significant impact to traffic and /or other public safety concerns. Thank you for allowing us the opportunity to comment. If you have any questions or concerns, please contact S. Hilo Patrol Commander Captain Kenneth Vieira at 961 -2214. KV:IIi Pia it:l :ling Dept. SCANNED Exhibit_ 5.____ 1 DEC 2 s 2009 i By: 0 5 9 2 0 7 "I MAW' County is an Equal Opportunity Pmvidcr and Employer • • William P. Kenai ^ \ % - ' ' • Darryl J. Oliveira • Mar -_ 74% _ Fue Chief : ? 4.a:•.'+'_ ` .7 v u Glen P. I. Honda ..•... _ Depuy Fire Chief County of jathett`I HAWAI'I FIRE DEPARTMENT 25 Aupuni Street • Suite 2501 • Hilo, Hawaii 96720 (808) 932-2900 • Fax (808) 932 -2928 December 10, 2009 TO: BJ LEI THEAD TODD, PLANNING DIRECTOR FROM: DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09- 000114) APPLICANT: VINCENT T.C. TAI REQUEST: RS -7.5 TO TM -2.5 TAX MAP KEY: 24-28:09 In regards to the above - mentioned Change of Zone application, the following shall be in accordance: Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. "2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b). DEC l 5 2009 Hawaii County is an Equal Opportunity Proolder and Employer. • 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 Toads 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 UFC Section 10.301(c): "(c) Water Supply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed, in accordance with the respective county water requirements. There shall be provided, when required by the chief, on -site fire hydrants and mains capable of supplying the required fire flow. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. "The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207. SE. Fire Chief GA:Ipc LINDA LINGLE ♦e °` CHIYOME L. FUKINO, M.D. a • GOVERNOR to ,ssa � Director of Health r T 'nepa.ca sue. 0, -; a "t ' STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721 -0916 MEMORANDUM DATE: December 10, 2009 TO: Bobby Jean Leithead Todd Planning Director, County of Hawaii FROM: Newton Inouye rY Acting District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 09- 000114) Applicant: Vincent T.C. Tai Request: RS -7.5 to RM -2.5 Tax Map Key: 2 -4 -28:09 The subject project is located within or near proximity to the County sewer system. All wastewater generated shall be disposed into the County sewer system. Underground Injection Systems (Ph. 586 -4258) which receive wastewater or storm runoffs from the proposed development need to address the requirements of Chapter 23, Hawaii State Department of' Health Administrative Rules, Title 11, "Underground Injection Control." 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 7, 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), PlIrmk!g Dept. 058964 BJ Leithead Todd Page 2 of 4 • December 10, 2009 502(12), and 502(6); Title 40, Code of Federal Regulations, Section 122.2, and Hawaii Administrative Rules (11AR), Chapter 11 -54. 2. In accordance with HAR, Sections 11 -55 -04 and 11- 55- 34.05, the Director of Health inay require the submittal of an individual permit application or a Notice of Intent (NOl) 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 commenccment of the respective activities. The NPDES application forms may also be picked up at our office or downloaded from our website at: http: //www.hawai gov/health /environmental /water /cicanwater /forms /indi v- index.html. b. An NOI to be covered by an NPDES general permit is to be submitted at least 30 days before the commencement of the respective activity. A separate NOI is needed for coverage under each NPDES general permit. The NOI forms may be picked up at our office or downloaded from our website at: http: / /www.hawaii.gov/h ealth/env i ron /water /cleanwater /forms /genl - index.html. i. Storm water associated with industrial activities, as defined in Title 40, Code of Federal Regulations, Sections I22.26(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 cooling water less than one (1) million gallons per day. [HAR, Chapter 11 -55, Appendix E] v. Discharges of hydrotesting water. [LIAR, Chapter 11 -55, Appendix F] BJ Leithead Todd Page 3 of 4 December 10, 2009 vi. Discharges of construction dcwatering effluent. [HAR, Chapter 11 -55, Appendix G] vii. Discharges of treated effluent from petroleum bulk stations and terminals. [HAR, Chapter 11 -55, Appendix H] 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] ' 2. In accordance with HAR, Section 11- 55 -38, the applicant for an NPDES permit is required to either submit a copy of the new NOI or NPDES permit application to the State Department of Land and Natural Resources, State Historic Preservation Division (SIIPD), or demonstrate to the satisfaction of the DOI-I that the project, activity, or site covered by the NOI or application has been or is being reviewed by SHPD. If applicable, please submit a copy of the request for review by SHPD or SI -IPD's determination letter for the project. 3. Any discharges related to project construction or operation activities, with or without a Section 401 WQC or NPDES permit coverage, shall comply with the applicable State Water Quality Standards as specified in HAR, Chapter 11 -54, 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. • BJ Lcithead Todd Page 4 of 4 December 10, 2009 2. Construction equipment and on -site vehicles requiring an exhaust of gas or air must be equipped with mufflers. 3. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Should there be any questions on this matter, please contact the Department of Health at 933 -0917. We recommend that you review all of the Standard Comments on our website: http: //hawaii.gov/ health / environmental / env- planning/landuse /landuse.html. Any comments specifically applicable to this project should be adhered to. The same website also features a Healthy Community Design Smart Growth Checklist (Checklist) created by Built Environment Working Group (BEWG) of the IIawaii 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 REZ 09- 000114.my • LINDA LINGLE Asn r� PATRICIA HAPMAPAOTO tIOVEPPOP. 4 . .!:. -- _ \4 N . SUPFR'NTENDFNT i,13;,... . - . ., STATE OF HAWAII _ ' < -: a • DEPARTMENT OF EDUCATION PO 80X2360 HONOLULU, HAWAII 96804 OFFICE OF SCHOOL FACILITIES AND SUPPORT SERVICES December 23, 2009 Ms. BI Leithead Todd, Planning Director County of Hawaii Planning Department 101 Pauahi Street. Suite 3 Hilo. Hawaii 96720 Dear Ms. Todd: Subject: Change of Zone Application for Vincent Tai. TMK (3) 2 -4 -28:09 The Department of Education (DOE) has reviewed the Change of Zone application request by Vincent Tai. The DOE has no objection to this project. The DOE notes that the increased amount of development on these parcels would have some impact on its schools in terms of enrollment. However, based on the proposed number of lots, the DOE's schools serving the project area have sufficient capacity to accommodate this project. As this project is not in a proposed school impact fee district, the DOE does not require a school impact fee or other condition. If you have any questions, please contact Jeremy Kwock of the Facilities Development Branch at (808) 377 -8301. Sincerely yours, ne Y. Kashiwai Public Works Administrator Facilities Development Branch DYK:jrnb c: Valerie Takata, CAS, Hilo/Laupahoehoe/Waiakea Complex Areas Pk SCANNE» .. - inn Dpi-. Exhibit__ ._________ BY: °` fi t 1s AN AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY EMPLOYER 1117 111 I: 29 January 5, 2010 Department of Public Works, County of Hawaii 101 Pauahi Street • Hilo, HI 96720 Re. Change of Zone Application (REZ 09- 000114) TMK. 2 -4 -28:09 Dear Sir /Madam, I refer to your Memorandum dated December 30, 2009 addressed to Bobby Jean Leithead Todd, Planning Director of County of Hawaii. + It is the intention of the project developer to comply with all the rules, regulations and conditions you stated upon approval of the Change of Zone application. As for the storm water disposal, there will be no off -site runoff as storm water management will be handled on -site by a series of dry wells, or combined with the use of porous paving materials for the parking and landscaped areas that allow rainwater to percolate through the pavement's surface back to the ground. Sincerely, VIN ENT T.C.TAI, AIA • cc' Bobby Jean Leithead Todd, Planning Director of County of Hawaii. SCANNEiD Pl nning Dept. i e Ven9 9 VINCENT T.C. Tai, AIA, Architect 2184 Round Top Dnve Architecture Honolulu HI 96822 % {f31 � 3 �' _--- [_.._____ Planning 808 -735 4486 Tel Interior 808 -941 3778 Fax Email: TarArchitecture @gmaii com . 9 January 5, 2010 Mr. Newton Inouye Acting District Environmental Health Program Chief Department of Health, State of Hawaii P.O Box 916 Hilo, HI 96721 Re: Change of Zone Application (REZ 09- 000114) TMK: 2 -4 -28:09 Dear Mr. Inouye, I refer to your Memorandum dated December 10, 2009 addressed to Bobby Jean Leithead Todd, Planning Director & County of Hawaii. It is the intention of the project developer to comply with all the rules, regulations and conditions you stated upon approval of the Change of Zone application. As for the storm water disposal, there will be no off -site runoff as storm water management will be handled on -site. by a series of dry wells, or combined with the use of porous paving materials for the parking and landscaped areas that allow rainwater to percolate through the pavement's surface back to the ground. Sincerely, 4 ,0# t VINCENT T.C.TAI, AIA cc Bobby Jean Leithead Todd, Planning Director of County of Hawaii. VINCENT T.C. Tai, AIA, Architect 2184 Round Top Drive Architecture Honolulu HI 96822 Planning 808 -735 4486 Tel Interior 808-941 3778 Fax - Email. TaiArchitecture © gmail com �.. if PLAN::! !!0 DE[7' "•, +C• October 29, 2009 CONT ,'r 'r'y 'Si! County of Hawaii 202 1 -2 'f 2: 37 Planning Department • Aupuni Center 101 Pauahi Street Suite 3 Hilo Hawaii 96720 RE: Change of Zoning Application TMK: 3- 2 -4 -25: 48, 53 and 80/ TMK: 3 -2 -4 -28:09 Parcels A & B Dear Sir /Madam: I am a resident living adjacent to one of the above referenced lots and object to the change in zoning from single family to multi - family. The main reason for the objections is that the surrounding neighborhoods are all single family - and as such this would change the conformity of the area. This will have an adverse impact on _ property values. Another concern is that of flooding from surface run off. Currently there are no storm drains located on either Hale Nani Street or Hale Nani Place. The same can be said for Popolo Street and the lower non improved section of Kukuau Street. In that there is already copious flooding happening on Hale Nani Place during extended periods of rain and this surface water flows toward the above TMKs, my question is "where will all the water go" once these properties are developed. Most likely, the water will back up causing more damage. Historically, surface waters contained in the area bounded by Ponohawai, Mohouli and below Komohana Streets have collectively migrated toward Eleanio Stream. My understanding is that no more water can be placed in that waterway. At present, the areas encompassed by the above TMKs serve as a holding area for flood waters until such time they are absorbed underground. Where will the water go? Thank you for taking time to research these issues before addressing any further change in zoning. 4404 Aloha, Ritchie Henderson c/o 16 Hale Nani Place Hilo Hawaii 96720 Planning Dept. Exhibit 10 October 25, 2009 „ t'l 'multi., i ra,:,' :cM1 Dear Planning Director and Planning Commission Members: C �'•' C .'• '• 1 am writing this letter because our family does not support the rezoning of any vac MI I ltdnaslRll 2: 30 sit North of the Hale Nani neighborhood (Hualalai Subdivision) we live in (TMK:3- 2 -4 -25- 48,53,80 or TMK:3- 2- 4 -28 -9 parcels A and B.) Our family has been a resident of this neighborhood since 1969. I am a retired Hilo police officer and my wife is a retired local bank employee. We raised our two daughters in our home and currently enjoy spending time with our four grandchildren and five great grandchildren. We enjoy living here because it is a single - family neighborhood that is safe for our children's children to play in. We moved into the neighborhood with the intention of living out our senior years. The request for changing the zoning from single family to multiple family horrifies us. We have always known that the vacant land could be subdivided to its current residential zoning but never would we have dreamed that our home would he shadowed by four -story apartment buildings. As a police officer, I know what such a large increase in density would do for the neighborhood. It would increase noise,.increase crime, increase the views into my backyard by hundreds of _ individuals, decrease my property values and lower the quality of life for my senior years. I have personally witnessed on countless occasions how nature has used these vacant lands for flood control during heavy rains. The vacant lands act as a marsh and absorb the runoff from neighborhoods above. Where will all the floodwaters go if the property is developed? The plans provided to us do not show any comprehensive plan for flood control. We have lived for forty years in this neighborhood and have made good friends with our neighbors. In fact, many of our neighbors have lived here for as long as we have and are now retired. We have worked hard for the community and expect that the planning department will protect the interest of its Island residents by maintaining the zoning as single family residential. We cannot afford to watch our biggest financial asset, our horn, decline in value because of a changing of the zoning. Please call anytime if you have any questions or would like to know more about the neighborhood. Mahalo nui loa, eitlaa:P Clarence Mendonca 58 Hale Nani Street Hilo, Hawaii 96720 (808) 935-0498 0 nning Dept. Exhibit 11 • ItTaiREZ doe-I/13/10 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION VINCENT T.C. TAI CHANGE 01? ZONE APPLICATION (REZ 09 -114) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation for the Change of Zone request from Single - Fancily Residential - 7,500 sq. ft. (RS -7.5) to Multiple - Family Residential -2,500 square feet (RM -2.5) be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and /or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: • The applicant is requesting a change of zone from RS -7.5 to RM -2.5 in order to develop 57 to 62 two -story attached townhouses. Based upon the size of the subject • property the proposed RM -2.5 zoning would allow for the development ofa maximum of 57 units; however, the applicant proposes to meet the requirements of Section 11 -8, Affordable Housing, 1lawai1 County Code, in order to qualify for a 10% density bonus. This would allow for the development of an additional 5 units beyond what is allowed by the Zoning Code, for a total of 62 units. The applicant's preliminary plans are to develop approximately 47 units consisting of three- and two - bedroom units which would be about 1,200 square feet in size, and 10 to 15 units consisting of approximately 890 - square foot two- bedroom units and approximately 625 - square foot one- bedroom units. The development would also include common recreation/play areas, a swimming pool, on -site parking, and landscaping. The applicant believes the subject property's location close to Hilo's town center makes it an ideal urban infill development of higher density residential uses that will allow residents to walk or take public transportation to town rather than use a vehicle, thereby reducing greenhouse gas emissions. Infrastructure improvements (i.e. driveways, utility connections) will take approximately 4 months to complete and cost $800,000. However due to the uncertainty of financing and market conditions, the time schedule and cost to construct the proposed residential complex are -1- • unknown at this time. The change of zone request from RS -7.5 to Ri11 -2.5 will conform to, among others, the Land Use and Housing elements of the General Plan. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth dctennined by the General Plan and related planning documents. The implications of these evaluations and dccisions must be also considered as they may have an impact on similar areas in the County. The LUPAG Map, which establishes the basic urban and non -urban form for areas within the county, designates the subject property as Medium Density Urban which allows for single - family and multiple-family residential uses with an overall density of up to 35 units per acre as well as village and neighborhood commercial uses. The applicant's proposal to develop 57 to 62 multiple- family residential units on approximately 3.292 acres would be well below the maximum density of 35 units per acre allowed with the Medium Density Urban designation. The proposed development will support the goals of the Housing element for the South Hilo district by providing housing for those individuals prefer not to live in or can not afford single-family dwellings, such as low and moderate income earners, college students and the elderly. Much of the multiple - family housing stock that exists in Hilo is aging and in need of repair or renovation. Additionally, the request supports the goals and policies of the Land Use element in that the proposed project is located in close proximity to services in downtown Hilo and adequate infrastructure is available to serve the project. The subject property is located in an urban area, in close proximity to othcr residential uses including multiple - family residences such as the Lanakila Homes Public Housing project which is located on lands to the south zoned RD -3.75. Additionally, the owner of the adjacent properties to the north recently requested a change of zoning to RM -1.5 in order to develop a four - story, 100 -unit residential complex. The County Police Department Headquarters complex and St. Joseph's School are located nearby on Kapi`olani Street. • -'- • A minor increase in traffic and noise in the area will occur clue to the proposed project; however these impacts are reasonable to expect in an urban area and can be reduced through on -site landscaping and adherence to State laws relating to construction noise. The proposed project is estimated to generate approximately 33 peak hour trips based on the institute of Transportation Engineers, "Trip Generation Handbook ", which is a negligible increase in traffic for the area. A condition of approval will require the applicant provide adequate landscaping to mitigate any adverse noise or visual impacts to adjacent properties. Based on the above, a change of zoning to the RM -2.5 district classification is appropriate in this area and the request is consistent with the General Plan. All essential utilities and services are available to the site. Access to the property is from Hualalai Street, which is a County owned and maintained roadway with a right -of way width of 60 feet. The applicant will construct a 32 -foot wide asphalt paved driveway aligned with i Iualalai Street. A condition of approval will require that any driveway connection to Hual "alai Street conform to Chapter 22. County Streets, of the Hawai`i County Code. According to the Department of Water Supply (DWS), water can be made available to the property via an existing 8-inch waterline within Kapi'olani Street by extending approximately 260 lineal feet of 3 -inch waterline to the subject property. The proposed request would also require the installation of a reduced pressure type backflow prevention assembly within five feet of the existing meter. Conditions of approval will be included to address the Department of Water Supply's requirements. • A County sewer line is located along Hualalai Street. The Department of Environmental Management has indicated that the applicant will be required to provide a sewer study prior to connection to the County sewer line. A condition of approval will require that the applicant provide a sewer study, construct any required upgrades to the existing sewer system in Hualalai Street, and connect to the existing County sewer line prior to the issuance of a Certificate of Occupancy. Solid waste will he disposed of by commercial haulers or individual homeowners into an approved landfill. The property has no severe geological or topographical problems which cannot he rectified or which would render the land unusable. The project site is located within -3- • Zone "X", an area determined to be outside the 500 -year floodplain. A condition of approval will require the applicant to submit a drainage study to the Department of Public Works and construct any required drainage improvements. Additionally, all development generated storm run -off will be disposed of on -site and not allowed onto adjacent properties or roadways. Electrical and telephone services can be made available to the property. Police services are located nearby on Kapi`olani Street. Fire services are located in downtown Hilo. Medical services are available at iiilo Medical Center. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management Area. The subject property is located over a mile from the shoreline and is not in the Special Management Area. Thus, the property will not be affected by coastal hazards and beach erosion. There are no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or. other natural and environmental resources on the subject property. In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa'akar 0 Ka'Aina " decisions, the issue relative to 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: An archaeological survey was not conducted because the property has previously been graded and is developed with a single - • family dwelling. A flora and fauna survey of the property was conducted by Geometrician Associates, LLC in June 2009. The valued cultural, historical, and natural resources found in the rezoning area: The flora and fauna survey found no rare, threatened, or endangered floral or faunal species on the property, but recommended against removing or disturbing any vegetation during the months of June and July in order to avoid impacts to any roosting endangered Hawaiian hoary hats, which are difficult to detect. • Possible adverse effect or impairment of valued resources: The property does not abut the shoreline, therefore Hawaiian gathering and fishing rights is not an issue. • -a- 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 Iawaiian rights: There is no evidence that traditional and customary native Hawaiian rights are exercised on the property; therefore no action is necessary to protect these rights. A condition of approval will be included to require the applicant to notify the DLNR -SHPD should any unidentified sites or remains be encountered, and proceed only upon an archaeological clearance from the DLNR -SHPD. Based on the above findings, approval of the Change of Zone request from a Single - Fancily Residential -7,500 sq. ft. (RS -7.5) to a Multiple- Family Residential - 2,500 sq. ft (RM -2.5) zoned district would result in an appropriate land use pattern that will further benefit the public. The accompanying draft bill to amend Section 25 -8 -33 (City of Hilo Zone Map) of Chapter 25, Zoning Code, of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. • • • -S- COUNTY OF HAWAII :Is w4'''.' •i 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 THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE- FAMILY RESIDENTIAL — 7,500 SQUARE FEET (RS -7.5) TO MULTIPLE - FAMILY RESIDENTIAL — 2,500 SQUARE FEET (RM -2.5) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2- 4- 028:009. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION . Section 25 -8 -33, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be Multiple - Fancily Residential 2,500 square feet (RM -2.5): Beginning at the southeast comer of this parcel of land and along the northerly boundary of Lot 39, Hualalai Subdivision and along the southwesterly side of Hualalai Street, the coordinates of said point of beginning referred to Goverrunent Survey Triangulation Station "HALAI ", being 1,227.51 feet South and 3,637.22 feet East, thence running by azimuths measured clockwise from true South: 1. 58° 10' 433.93 feet along the remainders of L.P. 8063, L.C. Aw. 2663 to Kahuc and R.P. 6790, L.C. Aw. 2402 to Kcaniho (Lots 39, 38, 37, 36, 35, 34 and 33, Hualalai Subdivision); 2. 148' 10' 68.38 feet along the remainder of R.P. 6790, LC. Aw. 2402 to Keaniho (Lot 31, Hualalai Subdivision); 3. 76" 08' 45" 303 03 feet along the remainder of R.P. 6790, L C. Aw. 2402 to Keaniho (Lots 30, 29 and 28, Hualalai Subdivision); -1- 4. 184" 30' 324.02 feet along Lot 144, 143 and 142 of Land Court Application 1205 (Map 51); 5. 177' 12' 320.40 feet along Lots 9 -L -19 and 9 -L -15 of Land Court Application 1205 (Map 9) and Lot 169 of Land Court Application 1205 (Map • 72); 6. 255' 46' 154.80 feet along Lot 169 of Land Court Application 1205 (Map 72): 7. 243' 28' 32.33 feet along Lot 169 of Land Court Application 1205 (Map 72); S. 328° 10' 121.35 feet along the remainder of L P. 8063 L.C. Aw. 2663 to Kahue (Lot 1); 9. 238' 10' 120.00 feet along the remainder of L.P. 8063; L.C. Aw. 2663 to . Kahue (Lot 1); • 10. • 349' 02' 19.67 feet along LTualalai Street; 11. 348° 02' 33 62 feet along Tlualalai Street to the point of beginning and containing an area of 3.292 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25 -2 -44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (1) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or • (B) Fulfillment of the need for public service demands created by the proposed use SEE A'TTAC:HED CONDITIONS S. iCTION 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 Ha\vai `i Date of Introduction: • Date of 1st Reading: Date of 2nd Reading: Effective Date: • RS -75 ,\ .... pm `'\ ` •.... l RAC - • G • t i -� RS 'S., /~� .`'-'" C e C6-7 5 RS -75 % .� RS -7 i RM -1 RM 1 • �� RS >75 '�\/ i "7 RS -75 i� \RS`75 �. ,i RS -75 � RM -T • % • , R5 - 5 RS= 7,5/ R$ - 5 `( RM•1 SINGLE- FAMILY RESIDENTIAL •. . •. • •7,500 SQUARE FEET (RS -75) R5',5 /' TO MULTIPLE-FAMILYRESIDENTIAL - \r 7 ` - 2,500 SQUARE FEET (RM-2 5) \ `� 3 292 ACRES • RS -75 \ � , \ \ 2 R,� 1• CO R5 -75 \ R575 : -2 1 R5= 5, R$ -75 ,.\\ �' ` : . RM -1 I RD -375 a C ` \ � \ \ R 5 -75 `. I RS -7`.5 , '` 9 L 1. 227515 O ( R5 -7 5 \ 9.63722E .L CPl • RS -Y5 • X 75 O-Q ` . RS - \R5 -75 i` RS -75 • RS75 `. .s �. / -R$ -7 9` ''•\ RS -7 j P$-7 5 \.. �\ S .`. - \ ,' gs'S5\ P y PS / /�� RS75 A -75 \ >' p)\- a RD -3 75 `1R [9 NE \ /., ,R� -7 5 �. Q RD -3 75 ■ Feet 0 500 1,000 1,500 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25 -8 -33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE - FAMILY RESIDENTIAL - 7,500 SQUARE FEET (RS -7.5) TO MULTIPLE - FAMILY RESIDENTIAL - 2,500 SQUARE FEET (RM -2.5) AT WAIAKEA, SOUTH HILO, HAWAII MAP PREPARED BY COUNTY OF HAWAII, PLANNING DEPARTMENT TMK (3)2-4-028 009 DATE Dec 22, 2009 EXHIBIT "A" Vincent T C Tai Map 1286 craIRE✓. doc -I /13/10 VINCENT T.C. TAI CONDITIONS OF APPROVAL, CHANGE OF ZONE APPLICATION NO. (REZ 09 -114) A. The applicant(s), its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, and a water commitment deposit in accordance with the "Water Commitment Guidelines Policy" to the Department of Water Supply within one hundred and eighty (180) days from the effective date of this ordinance. C. Prior to the issuance of a Certificate of Occupancy, the applicant shall extend approximately 260 lineal feet of 8 -inch waterline from the existing 8 -inch waterline within Kapi`olani Road to the subject property. D. The applicant shall install a reduced pressure type backflow prevention assembly within five (5) fect of the water meter on private property, which must be inspected and approved by the Department of Water Supply prior to the issuance of a Certificate of Occupancy. E. Construction of the proposed development shall he completed within five (5) years from the effective date of this ordinance. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25 -2 -70, Chapter 25 (Zoning Code), Hawai'i County Code. Plans shall identify all existing and /or proposed structures, paved driveway accesses and parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). The applicant shall comply with landscaping requirements for RM zoning. —1— F. All driveway connections to 1Iualalai Street shall contbrm to Chapter 22, County Streets, of the Hawaii County Code. G. Streetlights and traffic control devices, as may be required by the Traffic Division, Department of Public Works, shall be designed, purchased and installed by the applicant. H. All development - gencrated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. A drainage study shall be prepared and submitted to the Department of Public Works prior to the issuance of Final Plan Approval. Any drainage improvements, if required, shall be constructed, meeting thc approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawai`i County Code. J. The applicant shall complete and submit to thc Department of Environmental Management a sewer study for the proposed development prior to Final Plan Approval. Should the existing sewer system in Huai Street require upgrading due to development of the property, the applicant shall bcar the cost of the upgrade. Additionally, the applicant shall install scwcr lines within the development to connect with the County's sewer system, meeting with the approval of the Department of Environmental Management, prior to the issuance of a Certificate of Occupancy. K. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of Final Plan Approval. L. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials, he encountered, work in the immediate area shall cease and the Department of Land and Natural Resources - State Historic Preservation Division (DLNR- Sl -IPD) shall he immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR -SHPD when it finds that sufficient mitigative measures have been taken. —2— M. The applicant shall make its 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 years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a combined value of $7,698.11 per multiple family residential unit ($11,996.63 per single family residential unit). The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple family residential unit (single family residential unit) shall be allocated as follows: 1. $3,797.26 per multiple family residential unit ($5,784.99 per single fancily residential unit) to the County to support park and recreational improvements and facilities; 2. $120.01 per multiple family residential unit ($279.07 per single fancily residential unit) to the County to support police facilities; 3. 5369.17 per multiple family residential unit ($551.20 per single family residential unit) to the County to support fire facilities; 4. 5164.54 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 ($5,140.06 per single family residential unit) to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant 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 —3— proposed development, subject to the review and recommendation of the Plaiming Director, upon consultation with the appropriate agencies and approval of the County Council. N. To ensure that the goals and policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawai`i County Code relating to the Affordable Housing Policy. Compliance with Chapter 11 shall be approved by the Administrator of the Office of Housing and Community Development prior to receipt of Final Plan Approval and /or Final Subdivision Approval. O. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. P. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. Q. An annual progress report shall he submitted to the Planning Director prior to the anniversary date of enactment of the ordinance. The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required. R. An initial extension of time for the perfonnancc of conditions within thc ordinance may be granted by the Planning Director upon the following circumstances: 1. The non - performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of thc time extension would not be contrary to the General Plan or Zoning Code. —4— 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 . within one year may he extended for up to one additional year). 5. If the applicant should require an additional extension of tune, the Planning Director shall submit the applicant's request to the County Council for appropriate action. S. Should any of the conditions not he met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or - more appropriate designation. • • —5—