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Home My WebLink AboutCOM 0703.000 2008-2010William P. Kenoi 1favor February 2, 2010 Honorable J Yoshimoto, Chairman and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yoshimoto and Members: Change of Zone Application (REZ 09- 000108) Applicant: Concept Construction, Inc. Request: RS -10 to CN -20 Tax Map Key: 2 -2 -25:22 William P. Kenoi Mayor Enclosures cc: Planning Department <r111 aois) County of Hawaii Office of the Mayor 891 Ululani Street • Hilo, Haeail 96720 -3982 • (808) 961 -8211 • I a\ (8081961 -6553 KONA 75 -5722 Manama Place, Suite 102 • Kadua -Kona, Hav ai'i 96740 (808)327 -3602 • Fax 1808) 326 -5663 County or Ha at t is an Equal Opportunity lino 'der and Employer William T. Takaba Managing Director Walter K.NI. Lau Dep Managing Director s As required by Chapter 4, Sec. 6- 4.3(C), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above - referenced requests. Comm. No. 1 03 Ref. To: pL Ref. Dote FEB 0 4 201 William P licnol Hai or February 1, 2010 MEMORANDUM Enclosures M010810 County of Hawaii PLANNING DEPARTMENT Aupuni Cenla • 101 1'miahi Street Sure 3 • 1 I ilo 1 1o\mi'i 00720 Phone i 808 `r61 -8288 • Fa(808) 001 -87 TO: T e Honorable William P. Kenoi, Mayor FROM: S BJ Leithead odd, Planning Director SUBJECT: Change of Zone Application (REZ 09- 000108) Applicant: Concept Construction, Inc. Request: RS -10 to CN -20 Tax Map Key: 2 -2 -25:22 Should you have any questions, please feel free to contact me. ll�nrarl C'rmnn rs nn Leiria( Opporlunrtr Provider nod hirrphger B.1 1.eithead Todd pr rerun MMaiearet li NlasLIIlaga I )gnrn 0") O('a Co As required by Chapter 4, Sec. 6- 4.3(C), Hawaii County Charter, submitted herewith for your transmittal to the County Council for their consideration and action are the Planning Commission's letter and enclosures regarding the above- captioned application. Enclosed for your signature is the cover letter to the County Council. After your review, please forward same to the County Council along with the Commission's letter and enclosures. Fri r . 666759 February 1, 2010 The Honorable J Yoshimoto, Chairman and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 County of Hawaii PLANNING COMMISSION Aupunt Center • 101 l'auahi Slicet, Suite 3 • Hilu, Ha' aYi 96720 Phone 1808) 061 -8288 • Fax 18081061 -8742 Dear Chairman Yoshimoto and Council Members: Change of Zone Application (REZ 09- 000108) Applicant: Concept Construction, Inc. Request: RS -10 to CN -20 Tax Map Key: 2 -2 -25:22 The Windward Planning Commission, after a duly held public hearing on January 8, 2010, voted to recommend for your approval the proposed legislative bill for a Change of Zone from Single - Family Residential 10,000 square feet (RS -10) to a Neighborhood - Commercial 20,000 square feet (CN -20) district for 40,764 square feet of land located along the west side of Kino`ole Street, adjacent to the south of the Law Offices of Tsukazaki, Yeh and Moore, Waiakea, South Hilo, Hawai' The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the requests: The applicant requests a change of zone from RS -10 to CN -20 to construct an approximately 12,000 square -foot facility to accommodate the relocation of the Liberty Dialysis Center from its present location on Rainbow Drive. Liberty Dialysis Center will lease the property and facility from the applicant. Proposed improvements include: • a single- story, approximately 12,000 square foot facility • a 42 -inch high rock wall along the north, west and south property boundaries • 40 parking stalls, including 4 ADA accessible stalls and 7 compact stalls • extensive landscaping • related improvements. Ha t ui'r County Is an Equal Opportunity Proytder and Employer The Honorable J Yoshimoto, Chairman and Members of the County Council Page 2 The dialysis center will offer hemodialysis treatments, home dialysis training, medical offices, and a kidney disease prevention clinic. The Liberty Dialysis Center is currently the only dialysis center in East Hawaii. There is projected to be approximately 35 employees serving approximately 65 patients per day in three shifts. The applicant states that the property is a suitable location for the dialysis center as it is located on a major thoroughfare and all utilities are available to the site. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from RS -10 to CN -20 will conform to the goals, policies and standards of the General Plan Economic and Land Use Elements. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The request conforms to the goals, policies and standards of the General Plan in that the proposed development will be developed in an area adequately served by necessary services such as water, utilities and transportation systems. The proposed project conforms to the Commercial Development goal which states "provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods." The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. The project area is designated High Density Urban on the LUPAG Map. The requested zoning would be consistent with the urban designation on the LUPAG Map for this area of Hilo. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 3 The State Land Use designation for the property is Urban. The property is designated Urban by the Land Study Bureau's Productivity Rating. The Hilo Community Development Plan (CDP), adopted in 1975, suggests residential uses in this area. However, this area is transitioning to higher density commercial type uses. The proposed change of zone would complement the existing commercial land uses that already exist in this area and will provide for an development of the area. The property is improved with an approximately 80 -year old single - family dwelling and detached utility shed. The site is improved with a large, grassed lawn, with plantings around the dwelling and western boundary of the property. The applicant intends to donate the existing structure to the ARC of Hilo for vocational training. The ARC of Hilo will relocate the existing dwelling to a site near its existing complex. The portion of the abandoned 30 -foot right -of -way bordering the property to the west is a landscaped area. The applicant is in the process of acquiring this portion of the abandoned right -of -way from the State of Hawai`i. The land uses in the area are a mix of residential and commercial uses. The property adjacent to the project site is zoned CN -20 (Ordinance No. 99 158), site of an attorney's office. The property to the immediate south is zoned RS -10 and in single - family residential use. Properties across Kino`ole Street to the east are zoned RS -10 and also in single- family residential uses: Properties to the west of the site are zoned RM -1. All utilities and services are available to the site. The project will connect to the existing County sewer system. Solid waste will be disposed of by commercial handlers. The primary access to the project site is from Kino`ole Street, a County roadway with a right -of -way of approximately 60 feet. The Department of Public Works has recommended that the applicant provide a full width concrete sidewalk and replace the existing planter area with concrete along the property's entire Kino`ole Street frontage. The Department requires the upgraded driveway meet the requirements of the Americans with Disability Act (ADA). Conditions of approval will be included to reflect the Department of Public Works' recommendations. The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The project site is located within Zone "X ", area determined to be outside the 500 -year floodplain. All development generated storm run -off shall be disposed of on -site and not allowed onto adjacent properties or roadways. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 4 On September 30, 2009, the applicant requested a letter of "no effect" from the DLNR -HPD. No professional surveys were conducted of the site due to the improved nature of the site. Likewise, no professional flora or fauna surveys were conducted of the site. The applicant does not believe that rare or endangered floral or faunal resources are on the site as the project site has been improved and located within an urban environment close to existing commercial uses. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The project site is not proximate to the shoreline and not located in the SMA. There is no record of a designated public access to the shoreline or mountain areas that traverses the site. According to the applicant, no valued cultural, historical or natural resources exist on the properties and there is no evidence'of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Therefore, no action is necessary to protect these rights. 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, Rell Woodward, Chairman Windward Planning Commission Lconceptconstructi onrcz- 09- 000108wwpc2 Enclosures cc: Thomas L. H. Yeh, Esq. Mr. Bruce Hansen Department of Public Works Department of Water Supply Department of Land & Natural Resources -HPD Lincoln Ashida, Esq., Corporation Counsel RECOMMENDATION 0 COUNTY OF HAWAII PLANNING DEPARTMENT 0 0 RConceptREZ.doc - 12/3/09 CONCEPT CONSTRUCTION, INC. CHANGE OF ZONE APPLICATION (REZ 09 -108) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation of the Change of Zone request be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant requests a change of zone from RS -10 to CN -20 to construct an approximately 12,000 square -foot facility to accommodate the relocation of the Liberty Dialysis Center from its present location on Rainbow Drive. Liberty Dialysis Center will lease the property and facility from the applicant. Proposed improvements include: • a single - story, approximately 12,000 square foot facility • a 42 -inch high rock wall along the north, west and south property boundaries • 40 parking stalls, including 4 ADA accessible stalls and 7 compact stalls • extensive landscaping • related improvements The dialysis center will offer hemodialysis treatments, home dialysis training, medical offices, and a kidney disease prevention clinic. The Liberty Dialysis Center is currently the only dialysis center in East Hawai`i. There is projected to be approximately 35 employees serving approximately 65 patients per day in three shifts. The applicant states that the property is a suitable location for the dialysis center as it is located on a major thoroughfare and all utilities are available to the site. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and ATTACH: Calm. 703 Bill 208 0 0 0 The property is improved with an approximately 80 -year old single - family dwelling and detached utility shed. The site is improved with a large, grassed lawn, with plantings around the dwelling and western boundary of the property. The applicant intends to donate the existing structure to the ARC of Hilo for vocational training. The ARC of Hilo will relocate the existing dwelling to a site near its existing complex. The portion of the abandoned 30 -foot right -of -way bordering the property to the west is a landscaped area. The applicant is in the process of acquiring this portion of the abandoned right -of -way from the State of Hawaii. The land uses in the area are a mix of residential and commercial uses. The property adjacent the project site is zoned CN -20 (Ordinance No. 99 158), site of an attorney's office. The property to the immediate south is zoned RS -10 and in single - family residential use. Properties across Kino`ole Street to the east are zoned RS -10 and also in single - family residential uses. Properties to the west of the site are zoned RM -1. All utilities and services are available to the site. The project will connect to the existing County sewer system. Solid waste will be disposed of by commercial handlers. The primary access to the project site is from Kino`ole Street, a County roadway with a right -of -way of approximately 60 feet. The Department of Public Works has recommended that the applicant provide a full width concrete sidewalk and replace the existing planter area with concrete along the property's entire Kino`ole Street frontage. The Department requires the upgraded driveway meet the requirements of the Americans with Disability Act (ADA). Conditions of approval will be included to reflect the Department of Public Works' recommendations. The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The project site is located within Zone "X ", area determined to be outside the 500 -year floodplain. All development generated storm run -off shall be disposed of on -site and not allowed onto adjacent properties or roadways. On September 30, 2009, the applicant requested a letter of "no effect" from the DLNR -HPD. No professional surveys were conducted of the site due to the improved nature of the site. Likewise, no professional flora or fauna surveys were conducted of the -3- 0 0 0 decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from RS -10 to CN -20 will conform to the goals, policies and standards of the General Plan Economic and Land Use Elements. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The request conforms to the goals, policies and standards of the General Plan in that the proposed development will be developed in an area adequately served by necessary services such as water, utilities and transportation systems. The proposed project conforms to the Commercial Development goal which states "provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods." The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. The project area is designated High Density Urban on the LUPAG Map. The requested zoning would be consistent with the urban designation on the LUPAG Map for this area of Hilo. The State Land Use designation for the property is Urban. The property is designated Urban by the Land Study Bureau's Productivity Rating The Hilo Community Development Plan (CDP), adopted in 1975, suggests residential uses in this area. However, this area is transitioning to higher density commercial type uses. The proposed change of zone would complement the existing commercial land uses that already exist in this area and will provide for an orderly development of the area. -2- 0 0 0 site. The applicant does not believe that rare or endangered floral or faunal resources are on the site as the project site has been improved and located within an urban environment close to existing commercial uses. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The project site is not proximate to the shoreline and not located in the SMA. There is no record of a designated public access to the shoreline or mountain areas that traverses the site. According to the applicant, no valued cultural, historical or natural resources exist on the properties and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Therefore, no action is necessary to protect these rights. Based on the above, approval of the change of zone from a Single- Family Residential (RS -10) to a Neighborhood Commercial (CN -20) zoned district would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25 -8 -33 (City of Hilo Zone Map), 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. 0 G 0 COUNTY OF HAWAII ORDINANCE NO. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: STATE OF HAWAII BILL 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 — 10,000 SQUARE FEET (RS -10) TO NEIGHBORHOOD COMMERCIAL — 20,000 SQUARE FEET (CN -20) AT WAIAKEA, SOUTH HILO DISTRICT, HAWAII, COVERED BY TAX MAP KEY: 2 -2- 025:022. SECTION 1. Section 25 -8 -33, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo District, Hawai`i, shall be Neighborhood Commercial — 20,000 square feet (CN -20): Beginning at a pipe at the north corner of this lot, the east comer of Lot 7, Block 103, and on the west side of Kinoole Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Halai" being 3999.23 feet south and 6887.71 feet east, as shown on Government Survey Registered Map No. 2705, and running by true azimuths: I . 328° 10' 172.00 feet along west side of Kinoole Street; 2. 58° 10' 237.00 feet along Lot 4; 3. 148° 10' 172.00 feet along Railroad right -of -way (30 feet wide); 4. 238° 10' 237.00 feet along Lot 7 to the point of beginning and containing an area of 40,764 square feet, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. C 0 0 SECTION 2. In accordance with Section 25 -2 -44, Hawai`i County Code 1983 (2005 Edition), the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: (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. , Hawai SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII -2- 0 0 0 CONCEPT CONSTRUCTION, INC. CHANGE OF ZONE APPLICATION (REZ 09 -108) CONDITIONS OF APPROVAL CConceptREZ.doc- 12/4/09 A. The applicant(s), successors or assigns shall be responsible for complying with all of the stated conditions of approval, B. Prior to the issuance of a water commitment by the Department of Water Supply, the 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 180 days from the effective date of this ordinance. C. The applicant shall install a reduced pressure type backflow prevention assembly within five (5) feet of the water meter on private property with inspection and approval by the Department of Water Supply, prior to the issuance of a Certificate of Occupancy. D. Construction of the proposed development shall be 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), Hawaii County Code. Plans shall identify all existing and/or proposed structures, paved driveway access and parking stalls associated with the proposed development. Landscaping shall be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements) and Chapter 25 (Zoning Code), Hawai`i County Code. E. All driveway connections to Kino`ole Street shall conform to Chapter 22 (County Streets) of the Hawaii County Code. F. The proposed upgraded driveway shall meet the requirements of the Americans with Disabilities Act (ADA) and Chapter 22, Hawaii County Code. v 0 O O immediate area shall cease and the Department of Land and Natural Resources - State Historic Preservation Division (DLNR -HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR- HPD when it finds that sufficient mitigation measures have been taken. The applicant(s) shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. P. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non - performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant(s), successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicant(s) should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation. -4- TMK R' 10 R5 -10 0 R 0 R5 O yA 0 2 R5-10 /7 cN RS tA \/ -to -s Rs 10 0 �� CG -10 • -10 • -10 5 -10 A S R5 -10 MV CN \I4 ! �/ C - 0 CG -10 11‘ CG -20 10 CG -10 CG -20 CG -2• - o R5 -10 -10 RS -10 RS R5 -10 CG -10 ELANIKAULA #0 RS -10 5 -10 5 -10 3,999 23:5 6.81377E - 10 20 it '': *- 5-10 ifrE1J I II OPEN 7 -10 0 CN -20 � 5-10 TMK: 13)2 -2- 025:022 SINGLE-FAMILY RESIDENTIAL 5O.FT, (R$.10) TO NEIGHBORHOOD COMMERCIAL- 20,000 SOFT. (CN -20) 0 O� 1 • R5 -10 Z o 0 RM 1 FA 10 'M 1 RM -1 KW Feet 0 200 400 800 1,200 1,600 2,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25 -8 -33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI'l COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE - FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS -10) TO NEIGHBORHOOD COMMERCIAL - 20,000 SQUARE FEET (CN -20) AT WAIAKEA, SOUTH HILO DISTRICT, HAWAI'I MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT 2- 2- 025022 DATE. Oct 26, 2009 0 CYLAIRIT "A" Concept Construction, Inc O 0 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT BConceptREZ. doc- 12/3/09 CONCEPT CONSTRUCTION, INC. CHANGE OF ZONE APPLICATION (REZ 09 -108) CONCEPT CONSTRUCTION, INC. has submitted an application for a Change of Zone from Single - Family Residential 10,000 square feet (RS -10) to Neighborhood Commercial 20,000 square feet (CN -20) for approximately 40,764 square feet of land. The property is located on Kino`ole Street, approximately 174 feet southwest of the intersection of Kino`ole Street and Lanikaula Street, Waiakea, South Hilo, Hawaii, TMK: 2 -2 -25: 22. PROPOSED DEVELOPMENT 1. Request/Project Description: Change of Zone from RS -10 to CN -20 to construct an approximately 12,000 square -foot facility to accommodate the relocation of the Liberty Dialysis Center from its present location on Rainbow Drive. Liberty Dialysis Center would lease the property and facility from the applicant. Proposed improvements include: • a single -story, approximately 12,000 square foot facility • a 42 -inch high rock wall along the north, west and south property boundaries • 40 parking stalls, including 4 ADA accessible stalls and 7 compact stalls • extensive landscaping • related improvements The dialysis center will offer hemodialysis treatments, home dialysis training, medical offices, and a kidney disease prevention clinic. The Liberty Dialysis Center is currently the only dialysis center in East Hawaii. There is projected to be approximately 35 employees serving approximately 65 patients per day in three shifts. (Planning Department Exhibit 1 Change of Zone application) 2. Reasons for the Request: To allow the relocation of the Liberty Dialysis Center from its present location in portable buildings near the Hilo Medical Center. 3. Timetable: The facility is proposed to be completed by 2011. 4. Landowner: Concept Construction, Inc. OTHER INFORMATION 5. Proposed CN zoning: • Height limit - 40 feet. • Setback - front, 15 feet; side yards, 8 feet. • Landscaping - required on all front yards; side yard requires a screening hedge not Less than forty-two inches in height, within five feet of the property line, except for necessary drives and walkways. • Plan approval required. STATE AND COUNTY PLANS 6. State Land Use Designation: Urban. 7. General Plan LUPAG Map: High Density Urban. 8. County Zoning: RS - 10. 9. Hilo Community Development Plan: The Hilo Community Development Plan adopted by Resolution No. 1 on May 21, 1975 designates this area as RM -4. DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA 10. Subject Property: The property is improved with a single-family dwelling and detached utility shed. Per Real Property Tax Records, the dwelling was constructed in 1928. The site is improved with a large, grassed lawn, with plantings around the dwelling and western boundary of the property. The applicant intends to donate the existing structure to the ARC of Hilo for vocational training. The ARC of Hilo will relocate the existing dwelling to a site near its existing complex. The portion of the abandoned 30 -foot right - of -way bordering the property to the west (TMK: 2 -4 -57: 1) is a landscaped area. The applicant is in the process of acquiring this portion of the abandoned right -of -way owned by the State of Hawaii. 11. Surrounding Zoning and Land Uses: The land uses in the area are a mix of residential and commercial uses. The property adjacent the project site is zoned CN -20 (Ordinance No. 99 158), site of an attorney's office. The property to the immediate south is zoned RS -10 and in single - family residential use. Properties across Kino`ole Street to the east are zoned RS -10 and also in single - family residential uses. Properties to the west of the 0 -2- 0 0 0 site are zoned RM -1. 12. U.S.D.A. Soil Type: Olaa series, which consists of well - drained silty loams. Permeability is rapid, runoff is slow and the erosion hazard is slight. 13. Land Study Bureau's Productivity Rating: Urban. 14. Noise Impacts: Existing ambient noise includes mostly vehicular traffic. 15. Air Quality: The proposed project will not directly impact air quality in the area. Fugitive dust during construction can be mitigated by compliance with the regulations of the Department of Health. 16. FIRM: Zone "X ", an area outside of the 500 -year flood plain. 17. Coastal Hazards: The property is not an oceanfront parcel, and will not affect, or be affected by shoreline processes. 18. Recreational Resources: The proposed development will not reduce the size of the coastline or other areas used for public recreational uses. 19. Scenic Resources: The project will not affect the line -of -sight towards the ocean or the mountains. 20. Flora/Fauna: As the project site is improved with a dwelling and located within an urban environment close to commercial and residential uses, no professional surveys were conducted. The applicant believes that there are no rare or endangered floral or faunal resources within or proximate to the project site. 21. Archaeological/Historical Resources: No professional surveys were conducted of the site, due to the history of extensive disturbance. On September 30, 2009, the applicant requested a letter of "no effect" from the Department of Land and Natural Resources Historic Preservation Division (DLNR -HPD). 22. Cultural or Native Gathering Rights: There is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of any known valued cultural, historical or native resources in the area. 23. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. -3- PUBLIC UTILITIES AND SERVICES 0 24. Access: Access to the project site is from Kino`ole Street, a County roadway with an existing right -of -way of 60 feet fronting the property. 25. Water: County water is available to the project site. 26. Wastewater: The project area is serviced by a County sewer system. 27. Solid Waste: Solid waste will be handled by commercial haulers. 28. Essential Utilities and Services: Electricity and telephone services are available to the project site. County fire stations, police and emergency medical services are available to the property. AGENCIES' AND ORGANIZATIONS' COMMENTS 29. Department of Public Works: P.D. Exhibit 2 - November 30, 2009 memo 30. Department of Water Supply: P.D. Exhibit 3 - November 24, 2009 memo 31. Police Department: P.D. Exhibit 4 - November 10, 2009 memo 32. Department of Environmental Management: P.D. Exhibit 5 - October 30, 2009 memo 0 33. Department of Health: P.D. Exhibit 6 - November 10, 2009 letter AGENCIES - NO COMMENTS OR OBJECTIONS 34. DLNR Land Division AGENCIES - NO RESPONSE 35. Fire Department, Office of Housing and Community Development, DLNR RESPONSE TO AGENCIES' COMMENTS 36. P.D. Exhibit 7 - November 19, 2009 letter PUBLIC COMMENTS 37. None as of this writing. 0 JO Applicant: Concept Construction, Inc. 558 Kanoelehua Avenue Hilo, Hawaii 96720 Prepared By: CHANGE OF ZONE REQUEST RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL Thomas L.H. Yeh, Esq. Tsukazaki Yeh & Moore 85 W. Lanikaula Street Hilo, Hawaii 96720 TMK: (3) 2 -2 -025: 022 Waiakea, South Hilo District, Hawaii October 2009 Planning Dept. Exhibit / La 0 Concept Construction, Inc. Application for Change of Zone Application for Change of Zone: CONTENTS Change of Zone Application Departmental Questionnaire County Environmental and Background Report [0 L: L Concept Construction, Inc. Application for Change of Zone APPLICATION FOR CHANGE OF ZONE Change of Zone Application Form I0 APPLICANT: Concept Construction, Inc. APPLICANT'S SIGNATURE: DATE: 10 6 - 6 9 ADDRESS: 558 Kanoelehua Ave. Hilo, HI 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: N/A LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: See Attached. PHONE:(Bus.) (808) 935 -0279 (Res.) N/A (Fax) (808) 935 -7579 LANDOWNER(S): Concept Construction, Inc. LANDOWNER SIGNATURE(S): { J A , . c 0— ) ). DATE: (May be by letter) LANDOWNER(S) ADDRESS: 558 Kanoelehua Ave. Hilo, HI 96720 REQUEST: RS -10 TO CN -20 (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 2 -2- 025:.022 STREET ADDRESS OF PROPERTY: 1384 Kinoole Street Hilo, HI 96720 SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 40,764 square feet AGENT: Thomas L H Yeh, Esq. ADDRESS: Tsukazaki Yeh & Moore 85 W. Lanikaula Street Hilo, HI 96720 TELEPHONE:(Bus.) (808) 961 -0055 CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) (Res.) N/A (Fax) (808) 969 -1531 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Thomas L.H. Yeh COPIES: Concept Contruction, Inc. l 0 -6_ oq O (See Instructions on Reverse Side) THIS CHANGE OF ZONE APPLICATION MUST BE ACCOMPANIED BY THE FOLLOWING: I. A filing fee of five hundred dollars ($500) plus twenty -five dollars ($25) per lot or unit proposed by the amendment. (Checks shall be made payable to the County Director of Finance) 2. An original and twenty (20) copies of this completed application and the appropriate Departmental Zoning Questionnaire. 3. An original and twenty (20) copies of a Background and County Environmental Report to include information as listed on the attached form. Note: A County Environmental Report shall not be required for an application where an Environmental Impact Statement or Environmental Assessment has been completed and filed with the Office of Environmental Quality Control in compliance with HRS, Chapter 343, Environmental Impact Statements. 4. An original and twenty (20) copies of a location map. 5. An original and twenty (20) copies of a scale -drawn plot plan of the property showing property lines and measurements; all existing and proposed structures, uses and improvements; proposed subdivision; and reference points such as roadways, shoreline, etc. 6. One copy of a full -size (2' x 3') scale -drawn plot plan of Item 5 for presentation purposes. 7. A legal description of the property in map and written form by metes and bounds as certified by a surveyor shall be submitted with this application. This application shall not be considered complete unless the metes and bounds description in map and written form have been received. A list of the names, addresses and tax map keys of all owners and lessees of record of surrounding properties who are required to receive notice. 9. A certificate of clearance from the Director of Finance that the real property taxes and all other fees relating to the subject parcel(s) have been paid; and there are no outstanding delinquencies. 10. One of the following regarding archaeological resources: 1. An archaeological inventory report containing significance assessments, effect determinations, and proposed mitigation commitments. The report should be completed pursuant to State Department of Land and Natural Resources Historic Preservation Division (DLNR -SHPD) rules. 2. A "no effect" letter from the State DLNR Historic Preservation Division. 3. A copy of a letter written by the applicant to the State DLNR Historic Preservation Division requesting a "no effect" letter, including supporting documentation, to which SHPD has not responded after 30 days (SHPD's time limit under their rules). 11. Any other plans or additional information relevant to this application may be requested by the Planning Director to facilitate processing of this request. 0 I0 0 1. Bruce Hansen: President Vice President Treasurer Director CONCEPT CONSTRUCTION, INC. — OFFICERS 0 ll [0 c 0 Concept Construction, Inc. Application for Change of Zone APPLICATION FOR CHANGE OF ZONE Departmental Zoning Questionnaire 1. L ATTACHMENT Commercial, RM, Resort & Industrial PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? If yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? b. Into what lot sizes? c. If your request to subdivide, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. If you have no firm plans of subdividing the subject area, do 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? e. Other (please state) f If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. Applicant intends to construct an approximately 12,000 square foot facility suitable to accommodate the relocation of the Liberty Dialysis Center from its present location off of Rainbow Drive near the Hilo Medical Center to the subject property. Liberty Dialysis Center would lease the property and the proposed facility from Applicant. The lease will be entered into once the facility has been constructed: ideally by mid 2011. 3. What specific building plans do you have for the subject land? Include in your answer the following: type of building (apartment, office, launderette, etc.); financing No Yes 1.0 0 arrangement; timetable for construction; and any other infomration which you feel might help us in evaluating your request. The proposed improvements include a single - story, approximately 12,000 square foot facility suitable to accommodate the dialysis center a 42 -inch high rock wall along the north, west and south property boundaries; a parking area with 36 regular parking spaces and 4 handicapped spaces; extensive landscaping and related accessory improvements. 4. Have you performed any study which would demonstrate a need for your proposed building and/or development? If so, please elaborate on your findings in the space provided below. 5. Have you performed any study which discusses the environmental impacts your request would have on the surrounding area and/or the County? If so, please elaborate on your findings in the space provided below. 6. Are there any buildings on the subject area? If so, what kmd Current improvements include an existing dwelling and a detached utility shed. What do you intend to do with those buildings if your request is approved? The existing dwelling will be donated to the ARC of Hilo for use in its vocational training programs. The ARC will relocate the existing dwelling to a site near its existing complex off of Waianuenue Avenue. 7 Is the subject currently being used for any agncultural activity? If so, please list the kinds of products grown on and how many square feet or acres of land per product. 8. To your knowledge, has there been any flooding and/or drainage problem on the subject area? If so, please describe the problem. 9. Do you think the roads leading to the subject area need improvement? No If so, what kind? No No Yes No No O Is the road adequate for the proposed traffic volume or load? 10. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? NO YES a. Schools No b. Roads No c. Sewer No d. Drainage No e. Police Protection No f. Fire Protection No g. Recreational Facilities No For those checked `yes ", please elaborate what type or kinds of improvements and/or assistance are needed. 11. Have you performed any historic sites study and/or survey of' the subject area? If so, what were the results? Please, also, submit a copy of the study together with this change of zone supplement. No study or survey was conducted. However, the subject property has been extensively developed and used for residential Telephone: Date: ses for over 80 ears. A re uest for a "No Effect" determination has been sent to the Department of Land and Natural Resources — Historic Preservation Division. Upon receipt of the determination, a copy will be submitted to the Planning Department. Yes Signature: / ✓�cg_ Address: Background and Environmental Report C Concept Construction, Inc. Application for Change of Zone APPLICATION FOR CHANGE OF ZONE 0 0 Concept Construction, Inc. Application for Change of Zone I. DETAILS OF PROPOSED USE /DEVELOPMENT: A. Project Description The Applicant, Concept Construction, Inc. ( "Concept" or "Applicant "), requests a change of zone for one parcel, approximately 40,764 square feet, from the Single - Family Residential — 10,000 square foot ( "RS -10 ") zoning district to the Neighborhood Commercial — 20,000 square foot ( "CN -20 ") zoning district to allow the establishment of a dialysis center and related uses. The Applicant has entered into a letter of intent for the lease of the property and improvements to be constructed by the Applicant with Liberty Dialysis Center. Presently, the Liberty Dialysis Center is located in portable buildings off of Rainbow Drive near Hilo Medical Center. Liberty Dialysis Center would like to relocate to a more permanent location in order to better serve its patients. The subject property is also a suitable and convenient location for dialysis patients should the requested change of zone be approved. The subject property is located on Kinoole Street, just to the south of the Kinoole Street /West Lanikaula Street intersection. A Location Map is attached as Exhibit 1. The parcel is more specifically identified as Tax Map Key ( "TMK ") No.: (3) 2 -2- 025:022, Hilo, South Hilo District, Hawaii ( "Property" or "Site "). Kinoole Street is a major thoroughfare traversing in a generally northwest- southeast direction. It is proximate to several non - residential uses, the University of Hawaii at Hilo and the Waiakea Elementary, Intermediate and High School Complexes. Additionally, there are several other doctors' offices, a medical complex and a medical laboratory on Kinoole Street in the vicinity of the Site. Directly to the north of the Site is a lot of similar size currently used for law offices and zoned CN -20. There is an existing dwelling located on the Property and a detached utility shed. The existing dwelling will be replaced with a new building and parking area suitable to provide dialysis services to patients in need. The Site is presently maintained with a large, grassed lawn area and clusters of plantings around the dwelling and along the westem boundary of the Property. Applicant intends to donate the existing structure to the ARC of Hilo for use in vocational training. The ARC of Hilo will relocate the existing dwelling to a site near its existing complex and use it as a facility for their vocational training programs. Proposed facility for dialysis center will be a single -story "residential style" building with a porte - cochere designed to match other 1930s -1940s structures in the neighborhood. Extensive landscaping will be implemented to create privacy for patients. A large expanse of lawn along the Kinoole Street frontage will be reestablished after the construction phase in order to match surrounding properties. The dialysis center will offer hemodialysis treatments, home dialysis training, medical offices and a kidney disease prevention clinic. There is projected to be approximately 35 employees serving approximately 65 patients per day in three shifts. Concept Construction, Inc. Application for Change of Zone 2. Statement of Objectives and Reasons for the Request Applicant's reason for requesting the change of zone from RS -10 to CN -20 is to allow the relocation of the Liberty Dialysis Center from its present location in portable buildings near the Hilo Medical Center to the Site. The Property is a suitable location for the dialysis center as all necessary utilities are presently available; it is situated off of a major thoroughfare; and it is located within an urban area and available to serve patients in the East Hawaii area. The Liberty Dialysis Center is presently the only dialysis center in East Hawaii. Applicant's objectives are as follows: • To develop the proposed dialysis center in conformance with all applicable plans, policies and controls; • To change the zoning from RS -10 to CN -20 to allow the relocation of the dialysis center from its present location to the Property; and • To construct a facility and related accessory uses suitable to meet the needs of the proposed dialysis center. Lo Concept Construction, Inc. Application for Change of Zone Photo 1: Photo of Property facing southeast from west side of Kinoole Street. 3. Number of Acres /Square Feet The Property is approximately 40,764 square feet, or.9358 acres, in land area. 4. Proposed Units /Lots /Floor Area of Proposed Building Envelope The proposed dialysis center will include a 12,000 square foot, single -story facility with a porte - cochere entrance, covered lanai, extensive landscaping and a parking area with approximately 40 parking spaces (including 4 handicapped spaces that are handicapped van accessible and 7 compact spaces). There will also be a 42 -inch rock wall along the north, west and south boundaries in order to partially shield the parking area from view to provide some semblance of privacy for patients. The portion of the abandoned 30 -foot right -of -way bordering the Property along its western boundary is depicted as a landscaped area on the Site Plan (Exhibit 2). Applicant is in the process of acquiring this portion of the 30 -foot abandoned right -of -way. 0 Concept Construction, Inc. 5. Timeframe 6. Membership Size /Number of Employees and Clientele Application for Change of Zone Photo 2: Photo of Property facing east taken from east side of Kinoole Street. Applicant received approval to purchase the right -of -way portion from the Board of Land and Natural Resources by letter dated September 2, 2009. Once the right -of -way portion is acquired by Applicant, it will be landscaped. Construction is anticipated to begin as soon as the permitting process has been completed. Ideally, the Applicant wishes to commence construction by mid 2010, with completion by mid 2011. However, the actual development schedule will depend on the timing of the permits and approvals. Due to the length of time it takes for dialysis to occur, and to accommodate patient's dialysis needs, the hours of operation for the dialysis center will be between 5:30 a.m. and 10:00 p.m.. However, the hours of operation are not expected to cause any 0 Concept Construction, Inc. Application for Change of Zone disruption to neighbors, as the patients are not the type to make noise or cause commotion, and the Applicant will use appropriate landscaping to screen vehicles from neighbors. The current location has 35 employees. The relocation is not expected to require a significant increase in the number of employees. The current location has the capacity to serve approximately 65 patients per day. The proposed facility will have the capacity to serve additional patients as needed. 7. Parking Arrangement The proposed facility will have a parking area with 36 parking spaces and 4 handicapped parking spaces, as required under the Hawaii County Code. 8. Traffic Impacts Assessment of Existing Traffic Conditions Kinoole Street is a major thoroughfare, traversing the Hilo urban area in a roughly northwest - southeast direction, beginning at the Wailuku River in Hilo and ending at Haihai Street in Panaewa. It is described as an existing collector roadway by the Hawaii County General Plan. There are several existing high traffic uses in the vicinity of the Property, including the University of Hawaii at Hilo and the Waiakea Elementary, Intermediate and High School Complexes. Anticipated Increase in Traffic As the Waiakea area continues its transition from primarily residential uses to a mix of residential and non - residential areas, and as the University continues to grow and attract more students, traffic in the area of the Property will continue to increase. Potential Impacts from Proposed Use At its present location, the Liberty Dialysis Center serves an average of 65 patients per day. The proposed facility will be able to serve existing and new patients as the need arises. It is important to note that a fairly significant number of patients are transported in handicapped vans which shuttle multiple patients to the dialysis center at one time, thereby decreasing the number of trips. As such, Applicant predicts an average of 45 patient trips per day, which will be a negligible increase in traffic on Kinoole Street during non -peak hours. Patients will generally arrive at and leave the premises during non -peak hours. (Patients will arrive between 5:30 and 6:00 a.m. and between 9:00 a.m. and 10:00 a.m., with the exception of approximately 10 - 15 patients arriving between 5:00 p.m. and 6:00 p.m. Patients will leave the premises between 9:00 a.m. and 11:00 a.m.; 2:00 p.m. and 3:00 p.m.; 5:00 p.m. and 6:00 p.m.; and between 9:00 p.m. and 10:00 p.m.). Staff will also generally arrive during non -peak hours (between 5:00 a.m. and 6:00 a.m.; at 8:00 a.m.; and between 1:00 p.m. and 2:00 p.m.) and leave during non -peak hours (between 2:00 p.m. and 5:00 p.m. and between 9:00 p.m. and 10:00 p.m.) E. LO 0 Concept Construction, Inc. Application for Change of Zone 9. Proposed On - site and Off - site Infrastructure The Site is already served by all necessary utilities via overhead lines on Kinoole Street. It has an existing driveway that will need to be upgraded to commercial standards in order to accommodate the proposed dialysis center. It will require connection to the municipal sewer system. Figure l: State Land Use District Boundary Map Designations: Red Urban IL CONFORMANCE WITH STATE /COUNTY PLANS 10. State Land Use Designation The Property and surrounding areas are situated within the State land use urban district. 11. Coastal Zone Management The proposed dialysis center is not contrary to the Coastal Zone Management Program, as contained in Chapter 205A, Hawaii Revised Statutes ( "FIRS "). It is not situated within Concept Construction, Inc. Application for Change of Zone the County's Special Management Area ( "SMA "). It has been previously developed, at least since 1928, when the existing dwelling was constructed. It is not a coastal property and there is no access to either the shoreline or the mountains through it. There is no view of the shoreline from the Property and it is adjacent to a large multi -story apartment complex. The proposed facility will not block any view of Mauna Kea from Kinoole Street. It will have no impact to coastal ecosystems as it is over 6,600 feet inland from Hilo Bay. 12. Hawaii County General Plan The site of the Applicant's existing facility is designated as "High Density Urban" ( "High Density ") on the current General Plan Land Use Pattern Allocation Guide ( "LUPAG ") map. The High Density designation is intended for commercial, multiple residential and related services. As such, the proposed project is consistent with the High Density designation. Figure 2: LUPAG Map Designations: Red Orange Yellow Blue Green High Density Urban Medium Density Urban Low Density Urban University Use Open [ G L Concept Construction, Inc. Application for Change ofZotte The proposed rezoning conforms with the following goals, policies and standards of the General Plan. Economic Element: Goals (a) Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. (c) Strive for diversity and stability in the economic system. (d) Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. (e) Strive for an economic climate that provides its residents an opportunity for the choice of occupation. (f) Strive for diversification of the economy by strengthening existing industries and attracting new endeavors. Policies (p) Identify the needs of the business community and take actions that are necessary to improve the business climate. Discussion: The proposed rezoning furthers the County's goals of providing an economic environment which allows new or existing businesses, such as the Liberty Dialysis Center, to expand and diversify the County's economic base, and thereby also increase the choice of occupations. The design of the proposed dialysis center and use of extensive landscaping will make it compatible with the surrounding residential area, minimizing any potential social impacts. Flooding and Other Natural Hazards: Goals (a) Protect human life. (b) Prevent damage to man -made improvements. (c) Control pollution. (d) Prevent damage from inundation. (e) Reduce surface water and sediment runoff. Policies Concept Construction, Inc. Application for Change of Zone (a) Enact restrictive land use and building structure regulations in areas vulnerable to severe damage due to the impact of wave action. Only uses that cannot be located elsewhere due to public necessity and character, such as maritime activities and the necessary public facilities and utilities, shall be allowed in these areas. (b) Review land use policy as it relates to flood plain, high surf, and tsunami hazard areas. (c) Update and improve the Flood Insurance Rate Maps and other flood maps in compliance with the National Flood Insurance Program (NFIP) as needed. (d) Any development within the Federal Emergency Management Agency designated flood plain must be in compliance with Chapter 27. (g) Development - generated runoff shall be disposed of in a manner acceptable to the Department of Public Works and in compliance with all State and Federal laws. (j) The County and the private sector shall be responsible for maintaining and improving existing drainage systems and constructing new drainage facilities. (q) Consider natural hazards in all land use planning and permitting. (r) Discourage intensive development in areas of high volcanic hazard. Discussion: The Property is situated within Flood Zone "X ", which includes areas that have been determined to be outside of the 500 -year flood plain. As far as Applicant is aware, flooding has not been an issue in the past. It is not a coastal property and is outside of the SMA. The Property, as well as the rest of the Hilo Urban Area, is situated within Volcano Hazard Zone 3 and has a relatively low risk of inundation by lava flows. All surface water and sediment runoff generated by the proposed dialysis center will be disposed of on -site, in compliance with all applicable State and County rules and regulations. The proposed facility will be designed in compliance with all applicable provisions of the flood code (chapter 27, Hawaii County Code) and the Building Code (chapter 5, Hawaii County Code). Natural Beauty: Discussion: The Site is not listed as or proximate to other properties listed as sites of natural beauty. The proposed dialysis center will not interfere with any coastal viewplanes, as there is no view of the coastline from the Property or surrounding properties. There may be some limited impact to potential views of Mauna Kea from surrounding properties. The proposed facility is a single -story structure with a 42 -inch rock wall along three sides that will be properly landscaped in order to minimize any potential impacts to scenic resources. Natural Resources and the Shoreline: Goals (a) Protect and conserve the natural resources from undue exploitation, encroachment and damage. Concept Construction, Inc. Application for Change of Zone (c) Protect and promote the prudent use of Hawaii's unique, fragile, and significant environmental and natural resources. (d) Protect rare or endangered species and habitats native to Hawaii. Policies (i) Encourage an overall conservation ethic in the use of Hawaii's resources by protecting, preserving, and conserving the critical and significant natural resources of the County of Hawaii. Discussion: The Property is not a coastal property and the proposed dialysis will not have any significant impact on shoreline resources. The Site is not likely to be a habitat for any federally or State listed, candidate or proposed threatened or endangered plant or animal species due to a history of residential use and related disturbance. The Site is situated within an urban area and contains very limited natural resources. As such, the change from residential to commercial use will have a very limited impact on existing natural resources. Land Use: Goals (a) Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. Policies (a) Zone urban -types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. (b) Promote and encourage the rehabilitation and use of urban areas that are serviced by basic community facilities and utilities. (c) Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. (f) Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. Land Use — Commercial Development: Goals (a) Provide for commercial developments that maximize convenience to users. (b) Provide conunercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. 10 Concept Construction, Inc. Application for Change of Zone Policies (b) Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems. Should such services not be available, the development of more intensive uses should be in concert with a localized program of public and private capital improvements to meet the expected increased needs. (c) Distribution of commercial areas shall meet the demands of neighborhood, community and regional needs. (f) The development of commercial facilities should be designed to fit into the locale with minimal intrusion while providing the desired services. Appropriate infrastructural and design concems shall be incorporated into the review of such developments. Discussion: The Site is an appropriate location for commercial use for the following reasons: it is adjacent to an existing commercial use and proximate to several existing commercial uses; existing public facilities such as water and sewer can be easily upgraded by the Applicant to have adequate capacity to service the proposed dialysis center; and it is located in proximity to major thoroughfares. The General Plan recognizes the desirability of renewing underutilized areas rather than sprawling into outlying areas. The General Plan also espouses the concept of mixing compatible commercial and residential uses to create a more dynamic community. 13. County Zoning The Site is zoned Single - Family Residential, RS - 10. 14. Community Development Plan There is currently no community development plan for this area. 15. Special Management Area The Property is not situated within the SMA. It is over 6,600 feet inland from Hilo Bay. 11 0 Concept Construction, Inc. Figure 3: Zoning Map Designations: Yellow Browns Light Pink Mauve /Maroon Light Green Dark Green 12 Application for Change of Zone Single -Family Residential Multi - Family Residential Neighborhood Commercial General Commercial Residential- Commercial Mixed Use Open III. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING 16. Description of Property 16.1 Property Location The subject property is located on Kinoole Street, just to the south of the Kinoole Street/West Lanikaula Street intersection. A Location Map is attached as Exhibit 1. The parcel is rectangular and approximately 40,764 square feet in land area, and is more specifically identified as TMK No.: (3) 2 -2- 025:022, Hilo, South Hilo District, Hawaii. There is an existing dwelling that was constructed in 1928 and a detached shed structure. C Concept Construction, Inc. Application for Change of Zone 17. Lava Hazard Zone The Property is located on Kinoole Street, which is a major thoroughfare traversing in a generally northwest - southeast direction. It is proximate to several non - residential uses, the University of Hawaii at Hilo and the Waiakea Elementary, Intermediate and High School Complexes. The Site is located over 6,600 feet inland from Hilo Bay and is not situated within the SMA. In the immediate vicinity of the Property, there is Multiple Residential ( "RM -1 ") zoning across the abandoned 30 -foot right -of -way along the western boundary of the Property. TMK No.: (3) 2 -2 -025: 024 adjacent to the north is zoned CN -20 and TMK No.: (3) 2 -2 -025: 018 to the south is zoned RCX -20. There is also additional RM -1 zoning across Kinoole Street. Beginning at the intersection of West Lanikaula Street and Kilauea Avenue and proceeding north, there is a corridor of various General Commercial zoning designations. 16.2 Climate The elevation of the Site is approximately 100 feet above mean sea level. Located on the windward side of the Big Island, the mean annual rainfall is ranges between 120 and 160 inches. Generally, the wet months occur from October through April. The mean annual temperature is about 73 degrees Fahrenheit. Wind patterns are diurnal with dominant easterly tradewinds prevailing during the day and cooler westerly winds sweeping down the slopes of Mauna Loa and Mauna Kea in the evening. 16.3 Topography The topography of the Site is relatively flat due to the previous development and residential use. The United States Geologic Survey ( "USGS ") classifies the Hilo urban area as Lava Flow Hazard Zone 3, on a scale of ascending risk, 9 being the lowest risk and 1 being the highest. 18. Distance from Shoreline The Property is over 6,600 feet inland from Hilo Bay. 19. Agricultural Lands of Importance to the State of Hawaii ( "ALISH ") Designation The Property is situated within and urban area and, therefore, is not classified by the ALISH system. 13 CO C Concept Construction, Inc. Application for Change of Zone 20. USDA Natural Resources Conservation Services Soil Service Report Soil Type The Soil Survey Report classifies the soil as Olaa series (OID), which consists of well - drained silty loams that formed in volcanic ash. Permeability is rapid, runoff is slow, and the erosion hazard is slight 21. Land Study Bureau ( "LSB ") Soil Rating The Property is situated within and urban area and, therefore, is not classified by the LSB. 22. Flood Insurance Rate Mate ( "FIRM ") Designation The FIRM designation of the Site is Zone "X ", which means that it is outside the 500 - year flood plain. It is situated approximately 6,600 feet inland from Hilo Bay. The Site is also outside the Civil Defense Tsunami Evacuation Zone. 23. Existing Drainageways or Improvements There are no known drainageways crossing the Property. It has been used for residential purposes for approximately 80 years. Applicant is not aware of any flooding issues affecting the Property. 24. Air /Noise /Water Quality Air Quality All operations will occur within the facility and will not generate any offensive odor, aside from the limited impacts associated with patient traffic to and from the center. The proposed Project will not have any significant impacts to air quality. Noise Because of the Site's proximity to a major roadway (Kinoole Street), the ambient noise level from the traffic is quite high. It is not expected that the patient or employee traffic will generate enough noise to significantly impact surrounding properties or even be clearly distinguishable from the noise associated with Kinoole Street, the adjacent property's operations or the apartment complex located adjacent along the western boundary. The proposed project's noise impacts are expected to be insignificant. During the construction of the proposed dialysis center and related accessory uses, residents in the vicinity will be temporarily exposed to increased noise levels. The contractor will comply with the Department of Health's ( "DOH ") requirements pertaining to construction activities. 14 I L Concept Construction, Inc. Application for Change of Zone Water Quality There are no streams or watercourses located on or near the Site. The Hilo area is underlain by basal groundwater. The nearest stream is the Wailoa River, located over 3,000 feet from the Project Site. The proposed project is not expected to significantly impact water resources. 25. Existing Archaeological, Cultural or Historic Sites on National or State Register The Site has been used for residential purposes since 1928, when the existing dwelling was constructed. As such, the existence of any surface or subsurface archaeological remains is extremely unlikely. The existing dwelling is not listed on the National or State Register of Historic Places. 26. Existing Flora /Fauna Resources The yard consists of grassed lawns and clusters of landscape plantings around the dwelling and along the western boundary of the Property. The parcel has been extensively disturbed by over 80 years of residential use and the only vegetation on the Site appears to be made up of introduced species. Due to the history of extensive and complete disturbance, it is highly unlikely that the parcel contains any habitat for any federally or State listed, candidate or proposed threatened or endangered plant or animal species. 27. Scenic or Coastal Resources The Property is not a coastal property and there is no access to either the mountains or the ocean from or through it. There is no view of the shoreline from the Property and it is adjacent to a large multi -story apartment complex. The proposed facility is a single -story structure set back from Kinoole Street and somewhat shielded by extensive landscaping and a 42 -inch rock wall on three sides. The proposed dialysis center may have some impact on the limited view of Mauna Kea from surrounding properties; however, it is not expected to impact views of Mauna Kea from Kinoole Street. 28. Valued Cultural Resources Applicant is not aware of any traditional and customary native Hawaiian rights that are exercised in the area as it has been in residential use in an urban area for over 80 years. As such, the proposed dialysis center is not expected to impact any such rights. 29. Public Access There is no existing public access to and along the shoreline or to mountain areas through or proximate to the Property. 15 [0 Concept Construction, Inc. Application for Change of Zone 30. Social Settlement Pattern for the Area The Waiakea area has been slowly transitioning from primarily residential use to a mix of residential and non - residential uses for quite some time. Although the area immediately surrounding the Property is still primarily residential, several non - residential uses have been established over the years. The Property is adjacent to a lot that was rezoned to CN- 20 in 1999. To the south, TMK: (3) 2 -2 -025: 018 was rezoned to RCX -20 in 2006 to allow the conversion of an existing dwelling into a doctor's office. The growth of the University of Hawaii at Hilo, which is located mauka (west) of the Property, has contributed to the maturing and changing nature of the area by attracting more students and causing the need for housing and support services for the growing student population. Adjacent to the west of the Property, there is a large area of RM -1 zoning and an apartment complex. Many of the residences in the vicinity of the University are rented to students and the number of owner- occupants in the area seems to have decreased somewhat, providing another indicator of the transitional nature of the area. In addition, Kinoole Street is a major thoroughfare traversing in a roughly northwest - southeast direction through Hilo and Waiakea toward the Puna District. As such, it is a prime location for the location of certain non - residential uses. The Property and surrounding areas are designated High Density Urban by the Hawaii County General Plan, which is an indication that the transition of this area from primarily residential to higher intensity urban use has been foreseen. 30. Economic Resources of the Area There are several non - residential uses in proximity to the Site, including a convenience store, a law fimr, the University of Hawaii, the Waiakea Elementary, Intermediate and High School complexes, several doctors' offices, a medical lab, a medical complex with a medical lab and an x -ray facility, several restaurants, and a laundry mat, among others. However, the area is still primarily residential in nature. 31. Land Values According to the Hawaii County Real Property Tax website, land values of residentially - zoned parcels in the immediate area range from $126,000 to $302,000. 32. Land Use and Zoning of Surrounding Lands As described above, although the surrounding area is still primarily residential, several non - residential uses have been established over the years. Surrounding properties are situated within the Urban District and zoned RS -10 with scattered areas of various types of commercial zonings and multiple residential zoning in close proximity to the Site. 16 1 L: Concept Construction, Inc. Application for Change of Zone IV. PUBLIC FACILITIES AND SERVICES 33. Description of Access There is an existing, paved driveway off of Kinoole Street, a County owned and maintained roadway with approximately 40 feet of pavement (end of pavement to end of pavement is 36 feet, with two feet of concrete coverage on each side between the end of pavement and the sidewalk/gutter, totaling 40 feet of covered area) in a 60 -foot right -of- way. The driveway will be upgraded by the Applicant to commercial standards to service the proposed dialysis center. 34. Availability of Water Based on the Department of Water Supply's ( "DWS ") Water Svstent Standards Domestic Consumption Guidelines, the average daily demand for commercial operations is 3,000 gallons /acre. The Property is approximately 40,764 square feet, or .9358 acres, which would equal an average daily demand of approximately 2,807.4 gallons /day. Based on these numbers, the maximum daily demand would be approximately 4,21 1.1 gallons /day and the peak hour demand would be approximately 14,037.0 gallons /day. The fire flow demand requirements are 2,000 gallons /minute for 2 hours, or 240,000 gallons. The Applicant plans to install a fire sprinkler system in the proposed dialysis center. According to DWS staff, the County water system currently serves the Property via a 6- inch water main along Kinoole Street, which feeds off of an 8 -inch water main and ties into another 6 -inch water main. The fireflow requirement for CN -20 zoning is 2,000 gallons per minute. The maximum capacity of the existing lines is 1,700 gallons per minute. DWS staff's preliminary recommendation is to install another 6 -inch waterline that ties into the 8 -inch line so that the required capacity of 2,000 gallons per minute can be met. 35. Sewage Disposal The portion of Kinoole Street in the vicinity of the Property has access to the municipal sewer system. Preliminary communications with Department of Environmental Management — Wastewater Division staff indicate that the Property is not currently connected to the sewer system. However, any new construction will be required to connect to the system. The estimated average daily wastewater flow, based on approximately 35 employees (at 35 gallons /day /person/shift) and 65 patients (at 5 gallons /person/day) is approximately 1,550 gallons /day. 36. Solid Waste Applicant is aware that construction waste is prohibited at transfer stations and will dispose of all construction - related waste in the proper manner. Once the dialysis center 17 L Concept Construction, Inc. Application for Change of Zone has been established, it will likely contract with a commercial hauler to dispose of solid waste in the proper manner. Medical waste generated by the dialysis operations consists of dialyzers, bloodlines, soiled gauze and other bandages. Medical waste will be disposed of at the point of generation (i.e., at the chair -side of each patient) into a lined sharps container. When such container is full, its contents will be transported using rigid, puncture resistant, leak proof containers to a common medical waste storage room. Liberty Dialysis Center already contracts with Hawaii Biowaste Management to dispose of medical waste generated at the current location. Hawaii Biowaste Management currently picks up medical waste at least once per week and transports it to Oahu, where the waste is shredded, sterilized and disposed of in the landfill. This arrangement will continue should the change of zone be approved allowing the relocation to the Site. 37. Police and Fire Protection 39. Parks The Site is located within the service area of the County Fire Department's 24 -hour substation at Waiakea, and supported by the headquarters on Kinoole Street and additional substations at Kawailani Street and Kaumana Drive. The police headquarters is located on Kapiolani Street, approximately 1 mile from the Site. 38. Schools The Property is situated within the Waiakea School District and the Waikea school complexes are located approximately one -half mile from the Site. The University of Hawaii at Hilo is just mauka of the Property. The proposed dialysis center is not expected to have any impact on schools. The requested change of zone will not create the potential for any new lot or residential development. There are several parks in the Hilo urban area, including Lincoln Park, Kalakaua Park, Hilo Bayfront Park, Wailoa River State Park, Queen Liliuokalani Gardens, Coconut Island and the Keikiland Playground. The requested change of zone is not expected to have any impacts on parks. 40. Utilities and Services Electricity, telephone and cable service are available to the Site via overhead lines on Kinoole Street. 18 Concept Construction, Inc. Application for Change of Zone V. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 41. Relationship between short term uses of environment and maintenance and enhancement of long term productivity. Short term uses of the Property have been as a rental house for some years. If the requested change of zone is approved and the dialysis center allowed to relocate to the proposed new, more permanent location, the long term use of the Property as a dialysis center would certainly enhance the productivity of the land. The productivity would be enhanced specifically by it being used in a higher and better manner for a purpose that will serve many patients and provide them a necessary service. 42. Mitigative Measures proposed to avoid, minimize, rectify or reduce impact. The hours of operation will be between 5:30 a.m. and 10:00 p.m., and are not expected to inconvenience surrounding properties. The proposed dialysis center and related uses will be properly designed and landscaped so as to minimize any impact to neighbors and scenic resources the project might cause. 43. Alternatives to the proposed development. Alternatives to the proposed development include the following: • Leaving the Property as -is: this alternative would not allow the relocation of the dialysis center to the Site. It would likely continue to be used for residential purposes. • Rezoning to a different zoning district: several more intensive zoning districts, including General Commercial, Village Commercial and Industrial - Commercial Mixed Use, would allow the relocation of the dialysis center to the Site; however, these altemative designations are not necessary and would allow for other uses that are not necessarily compatible with the surrounding areas and existing residential uses. • Relocating to another site already zoned for the proposed use: this is an option that is not preferable, but should the requested change of zone not be approved, it will be the only option left for the dialysis center. The proposed Site is convenient for dialysis center patients in East Hawaii. 44. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action implemented. The Site has been in residential use for over 80 years and is situated within a developed, urban area. It is not likely that there are any natural resources relating to the Property that would be irreversibly and irretrievably committed should the requested change of zone be approved. 19 1 (C L Concept Construction, Inc. Application for Change of Zone Exhibit 1: Exhibit 2: Exhibit 3: EXHIBITS Location Map Proposed Site Plan Existing Site /Demolition Plan 20 0 C) [c 30 00' IN a 30 00' * PARKING 7 SP CES A A A 238 10' 237 00' WE HIGH ROAR WALL 731 ArAA7RIAo , ,44.4,4344-44. r r — — 22. t m( 7 2 ;2; 5 :1■ (1‘. PARKING 13 SPACES. 2° HIGH ROC( WALT TT? 238 10 237 00 PROPOSED DIALYSIS CENTER I STO-43 12 000 S N PROPOSED SITE PLAN 7 / EXHIBIT 2 c r PARKING CALC: (2(300 0; I 300 • 40 SPADES RECO TOTAL PROVIDED • 40 SPACES 14144 (f1 (11 0 0 z REVISION LOG CIMIRLunrna TA1 430.441. 3.4 RE AEA; LIT Ctl4FNAlb■ wo.nEci ... PALA. OLSCIAL 1,‘ z7,5his =7 WM I. AROVICT w z w 0 SO CO )- -J 0 1.0.71504q■OIAST PROPOSED SITE PLAN A-1 r L [c C_ C 30 00' SLIP 1,0" A Genf., Shed St A 238° 10' 237 00 2 r 1 1 1 EXISTING 1 SINGLE FAMILY � +� { RESIDENCE r do t TO BE REMOVED r - 1 2 214SF EXISTINGI 1 GARAGE/ I— — — y SHED 1 L Z T TO BE F REMOVED' ITI Be (p8 L -I 1 I I ° 1 A. I AC Pvuq w TO n w e. ns.. I 238° 10' 237 00' EXHIBIT 3 i EXISTING SITE / DEMOLITION PLAN I€IAC u..—y TO Be Hammm - J w 0 0 REVISION LOG ▪ aSOWNei 1145 WS. ppaputpa ipsE Mb( 0.10.9 I.CIVOIrr Wet GUYS., pPOOCCI 19 NUT 10 taqurs m. vas. co. WIN.1(11 0Y .111.4 fraif,0? WIN MCMICI Koke DAIL LOC. brry.04,51 EXISTING SITE! DEMOLITION PLAN D -1 0 0 0 Vlefuoaakduw TO: BJ Leithead Todd, Planning Director FROM: DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII Department of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09- 000108) Applicant: Concept Construction, Inc. Request: RS -10 to CN -20 Tax Map Key: 2 -2 -25: 022 We have reviewed the subject application forwarded by your memo dated October 26, 2009 and offer the following comments for your consideration. All development - generated runoff shall be disposed of on site and not directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500 -year floodplain. The Zoning Map (Ordinance No. 187) classifies Kino'ole Street as a collector. It has an existing right -of -way width of 60 feet fronting the subject parcel. We recommend the applicant provide a "full width" concrete sidewalk (replace the existing planter area with concrete) along the property's entire Kino'ole Street frontage. The "upgraded driveway" (page 17 of the application) shall meet the requirements of the Americans with Disabilities Act (ADA) and Chapter 22, of the Hawaii County Code. Questions may be referred to Kelly Gomes at ext. 8327. Planning Dept. Exhibit a County of Hawai is an Faun' f)nnnrtunity Provider and PmnIn.m. DATE: November 30, 2009 058622 FROM: Milton D. Pavao, Manager DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 345 KEKUANAOA STREET, SUITE 20 • HILO, HAWAI'I 96720 TELEPHONE (808) 961 -8050 • FAX (808) 961 -8657 TO: Ms. BJ Leithead -Todd, Planning Director Planning Department November 24, 2009 SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09- 000108) APPLICANT — CONCEPT CONSTRUCTION, INC. REQUEST: RS -10 TO CN -20 TAX MAP KEY 2- 2- 025:022 We have reviewed the subject application and have the following comments and conditions. Water is available from an existing 6 -inch waterline within Kino`ole Street fronting the subject parcel. The subject parcel is served by a 5/8 -inch meter, which is limited to an average daily usage of 400 gallons. The Department has no objection to the proposed change of zone application subject to the applicant understanding and accepting the following conditions: 2. The proposed zoning and land use will require the installation of a reduced pressure type backflow prevention assembly, within five (5) feet of the meter on private property. If a larger or additional meter is required, a backflow prevention assembly will also be required for that meter. The installation of the backflow prevention assembly(s) must be inspected and approved by the Department before water service can be activated. OA 58476 ••cs r-y;. 1. The Department requests that the applicant submit estimated maximum daily water usage calculations for the proposed dialysis center, prepared by a professional engineer licensed in the State of Hawaii, for review and approval. The water usage calculations should include the total estimated maximum daily water usage in gallons per day and the estimated peak flow in gallons per minute (GPM). Based on the water usage calculations provided, if the existing 5/8 -inch meter cannot accommodate the estimated demand, a larger or additional meter will need to be installed and remittance of the prevailing facilities charge, which is subject to change, will be required. If a 5/8 -inch meter can accommodate the estimated demand, then the applicant may continue to utilize the 5/8 -inch meter. 3. 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. 4. Please be informed that the existing 6 -inch waterline within Kino`ole Street is capable of providing a theoretical fire flow of 1,760 GPM; however, the Department's Water System Standards require that a minimum of 2,000 GPM be available at the site for fire protection for the proposed 1p e_of lamhuse „As. -the . Planning Dept. SCANNED . Water, Our Most Precc ' b e t s 3 dOV tic 'Wai A xdnl . Q O Ms. BJ Leithead Todd, Planning Director Page 2 November 24, 2009 Should there be any questions, please contact Mr. Finn McCall of our Water Resources and Planning Branch at 961 -8070, extension 255. FM:dfg applicant has stated, the extension of a 6 -inch waterline from the existing 8 -inch waterline within Lanikaula Street to the property would provide the required fire flow. We recommend that the applicant contact the Fire Department for any fire protection requirements or alternatives. copy — Concept Construction, Inc. Tsukazaki Yeh & Moore Sincerely yours, ( Milton,hi. Pavao, P.E. Mana er William P. Kenoi 0 O O Mayor November 10, 2009 FROM : SUBJECT: KV:Ili AREA I OPERATIONS County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street • Hilo, Hawaii 96720 -3998 (808) 935-3311 • Fax (808) 961 -8865 fEAD TO UW PLANNING DIRECTOR DEREK D. AC hi CO, ASSISTANT POLICE CHIEF CHANGE OF ZONE APPLICATION (REZ 09- 000108) APPLICANT: CONCEPT CONSTRUCTION, INC. REQUEST: RS -10 TO CN -20 TAX MAP KEY: 2 -2 -25:22 Staff, upon review of the provided documents and visiting the proposed project site, does not anticipate any significant impact to traffic and /or any other public safety concerns. Thank you for allowing us the opportunity to comment. If you have any questions, please contact S. Hilo District Commander Captain Kenneth Vieira at 961 -2214. Planning Dept. Exhibit 1 7 "Hawaii County is an Equal Opportunity Provider and Employer" 'el Harry S. Kubojiri Police Chief 1 Paul K. Ferreira Deputy Police Chief SCANNED NCO 5f87 2 Br: 0 0 i \/) 0 William Kenoi Mayor MEMORANDUM Date : October 30, 2009 To . BJ LEITHEAD TODD, Planning Director From: LONO A. TYSON, Director \AT Subject: Change of Zone Application (REZ 09- 000108) Applicant: Concept Construction, Inc. Request: RS -10 to CN -20 TMK: 2 -2 -25:22 We'liave reviewed the subject application and offer the folio DEPARTMENT COMMENTS: cc: SWD,D Cruuufvr of Paivia `i Planning Dept. Exhibit ng recommendations: t t County of Hawaii is an Equal Opportunity Provider and Employer Lono A. Tyson Director !f . 20 Mi ' 1van M. Torigoe Deputy Director DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo, Hawaii 96720 (808) 961 -8083 • Fax (808) 961 -8086 http / /co hawaii.hi.us /directory/dir envmng.htm WASTEWATER COMMENTS: ( ) No comments (X )1 Require connection of existing and /or proposed structures to the public sewer in accordance with Section 21 -5 'qf the Hawaii County Code. ( JRequire Council Resolution to approve sewer extension in accordance with Section 21 -26.1 of the Hawaii County Code. Complete D.E.M. Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23 -85 of the Hawaii County Code. ( ) Other: SOLID WASTE COMMENTS: ( ) No comments (>C Commercial operations, State and Federal agencies, religious entities and non - profit organizations may not use transfer stations for disposal. ()() Aggregates and any other construction /demolition waste should be responsibly reused to its fullest extent. (r(; ) Ample and equal room should be provided for rubbish and recycling. (, ) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. ( SO) Construction and demolition waste is prohibited at all County Transfer Stations. (;(,)) Submit Solid Waste Management Plan in accordance with attache idelines. ( ) Existing Solid Waste Management Plan is to be followed. rovide update to the departm ( ) Other: 12217 William P. Kenoi Mayor February 12, 2009 INTENT AND PURPOSE REPORT L.auuf r .af DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo, Hawai i 96720 (808) 961 -8083 Fax (808) 961 -8086 http: / /co.hawaii.hi.us /directory/dir envmng.hlm SOLID WASTE MANAGEMENT PLAN Guidelines County of Hawai`i is an Equal Opportunity Provider and Employer Lono A. Tyson Director Ivan Torigoe Deputy Director 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. 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. 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. 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 0 Solid Waste Management Plan Guidelines Page 2 of 2 vehicle movements and associated routes that will be used to transport the waste and recycled materials. 4. The report will include identification of any impacts to County- operated waste management facilities, and the appropriate mitigation measures that will be implemented by the development to minimize these impacts. 5. Analysis will be based on the highest potential use or zoning of the development. REQUIREMENTS AND CONDITIONS A solid waste management plan will be prepared for all commercial developments, as defined under the policies of the Department of Environmental Management, Solid Waste Division. 2. The Department of Environmental Management will require the developer to provide or resolve all recommendations and mitigation measures as outlined in the solid waste management plan; besides any conditions placed on the applicant herein. 3. A State of Hawaii licensed engineer will draft and certify in writing the solid waste management plan as complying with applicable Federal, State and County of Hawai'i solid waste laws, regulations, and administrative rules. 0 Should you require additional information, please contact Michael Dworsky, P.E., Solid Waste Division Chief at 808 - 961 -8515. CONCUR: 1- A. irk Lono A. Tyson DIRECTOR County of Hewer , is an Equal Opportunity Provider and Employer. LINDA LINGLE GOVERNOR FLAW* MEMORANDUM DATE: November 10, 2009 STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721 -0916 TO: Bobby Jean Leithead Todd Planning Director, County of Hawaii FROM: Newton Inouye Acting District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 09- 000108) Applicant: Concept construction, Inc. Request: RS -10 to CN -20 Tax Map Key: 2 -2 -25:22 CHIYOME L. FUKINO, M.D. Director of Health 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. As a demolition and renovation activity, the Federal Register, 40 CFR Part 61, National Emission Standard for Hazardous Air Pollutants, Asbestos NESHAP Revision; Final Rule, November 20, 1990, requires the owner /operator to inspect the affected areas to determine whether asbestos is present. Under the Asbestos School Hazard Abatement Response Act (ASHARA), all persons who conduct inspections (i.e. perform sampling and assessment of suspected asbestos - containing material) in schools or public and commercial buildings must have an active Asbestos Hazard Emergency Response (AHERA) certificate -of- training from an accredited training provider. Under NESHAP's regulation, the owner /operator would be required to file with the Department of Health, Noise, Radiation and Indoor Air Quality Branch, an Asbestos Demolition/Renovation notification 10 working days prior to demolition of each building or the disturbance of regulated asbestos - containing material. All regulated quantities and types of asbestos - containing materials would be subject to emission controls, proper collection, containerizing, and disposal at a permitted landfill. Under a renovation project, if the amount of friable or non - friable material rendered friable is less than 160 square feet, the project would not be subject to the NESHAP requirements. Planning Dept. scANNED Exhibit La t91. 3 04 - O 0 Bj Leithead Todd Page 2 of 2 November 10, 2009 However, the persons who conduct activities related to abatement and/or disturbances to friable material greater than three square feet or three linear feet, must have an active AHERA certificate of training from an accredited provider for that specific discipline (i.e., project designer, abatement supervisor and worker). If you have any further questions, please feel free to contact the Noise, Radiation and Indoor Air Quality Branch at (808) 586 -5800. Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11 -46, "Community Noise Control." 1. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. 2. Construction equipment and on -site vehicles requiring an exhaust of gas or air must be equipped with mufflers. 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. The Department of Health does not have any objections to the proposed change in land uses. However, existing or planned land use activities adjacent to the proposed residential area should be compatible with a residential neighborhood. WORD:REZ 09- 000108.my Tsukazaki Yeh & Moore ATTORNEYS AT LAW A Limited Liability Law Company C �W Lanikaula Sheet Hilo, Hawaii 96720-4199 _aephone' 1808) 961 -0055 FAX (808) 969 -1531 a Bobby Jean Leithead -Todd, Director Planning Department County of Hawaii 101 Pauahi Street, Ste. 3 Hilo, Hawaii 96720 Dear Ms. Leithead -Todd: November 19, 2009 Re Change of Zone Application (REZ 09- 000108) Applicant: Concept Construction, Inc. TMK No. (3) 2 -2 -025: 022 Department of Land and Natural Resources On behalf of our client, Concept Construction, Inc. ("Applicant"), this is to respond to comments received from the Department of Land and Natural Resources ( "DLNR ") and the County Department of Environmental Management ( "DEM "). Please find our specific responses below. We acknowledge receipt of a letter from the DLNR dated November 2, 2009, stating that aside from comments from the DLNR — Historic Preservation Division which will be sent under separate cover, DLNR had no further comments to add. Department of Environmental Management We acknowledge receipt of a memorandum from the DEM dated October 30, 2009 containing comments from the Wastewater and Solid Waste Divisions. Wastewater Division: Applicant intends to connect the proposed improvements to the County sewer system should the change of zone application be approved and prior to occupancy for the proposed use. 0 SCANNED Planning Dept. �igNi9 Exhibit 7 THOMAS L H YETI tiv@1ava net MICHAEL \V MOORE mmoore6lava net R BEN TSUKAZAKI (1987 -200R1 Tsukazaki Yeh & Moore ATTORNEYS AT LAW -`,Limited Lability Law Company 0 Bobby Jean Leithead= fodd, Director Planning Department County of Hawaii November 25, 2009 Page 2 Solid Waste Division: Applicant is aware that commercial operations are prohibited from using County transfer stations and that construction/demolition waste is prohibited from being disposed of at transfer stations as well. The Applicant's plan is to donate the existing dv,eiling structure to the ARC of Hilo for further use in their vocational training programs. Ample room will be provided for rubbish and recycling. A solid waste management plan will be prepared and submitted to DEM when finalized. Please do not hesitate to contact me at 961 -0055 should you have any questions or require any additional information. cc: Department of Environmental Management Concept Construction, Inc. TLHY\db Very truly yours, TSUKAZAKI YEH & MOORE By THOMAS L.H. YEH