The URL can be used to link to this page

Home My WebLink AboutCOM 0449.000 2010-2012William P. Kenoi Mayor October 20, 2011 County of Hawai i 25 Aupuni Street • Hilo, Hawai`i 96720 • (808) 961 -8211 • Fax (808) 961 -6553 KONA: 74 -5044 Ane Keohokalole Highway • Kailua -Kona, Hawai'i 96740 (808) 323-4444 • Fax (808) 326 -5663 Honorable Dominic Yagong, Chairman and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yagong and Members: /Change of Zone Application (REZ 11- 000140) Applicant: Dr. Kevin Stuef Request: RS -15 to CV -10 Tax Map Key: 9 -5- 025:033 State Land Use Boundary Amendment Application (SLU 11- 000030) Request: Agricultural to Urban Applicant: Peter Christopher Tax Map Key: 2 -8- 013:063 and 064 Change of Zone (REZ 11- 000141) Applicant: Marc and Desiree Butz Request: A -3a to FA -la Tax Map Key: 2 -5- 040:019 William T. Takaba Managing Director Wally Lau Deputy Managing Director 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 Windward Planning Commission's letters and enclosures regarding the above - referenced requests. William P. Kenoi Mayor Enclosures cc: Planning Department ( 11 Hawaii County is an Equal Opportunity Provider and Employer Comm. No. 11471 Ref. To: j' /Pc. Ref. Date_UC 31 2.011 e ISO 2 9 7011 County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawai`i 96720 Phone (808) 961 -8288 • Fax (808) 961 -8742 The Honorable Dominic Yagong, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yagong and Council Members: Change of Zone Application (REZ 11- 000140) Applicant: Dr. Kevin Stuef Request: RS -15 to CV -10 Tax Map Key: 9 -5- 025:033 The Windward Planning Commission, after a duly held public hearing on October 6, 2011, voted to recommend for your approval the proposed legislative bill for a Change of Zone from a Single Family Residential 15,000 square feet (RS -15) to Village Commercial — 10,000 square feet (CV -10) zoning district for approximately 20,637 square feet of land. The subject property is located on the north side of the Mamalahoa Highway (Highway 11) across from Na'alehu Park, and adjacent to and east of the Punalu`u Bake Shop, Na'alehu Subdivision 3rd Series, Poupouwela and Kawala, Ka`u, Hawai`i. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant requests a Change of Zone from RS -15 to CV -10 to allow the establishment of a dental office in an existing single - family dwelling. The applicant has practiced dentistry in Na'alehu for approximately 30 years. The existing structure will remain intact, and the current floor plan will remain largely unchanged. Additional improvements include ADA access ramps, paved client parking and a widening of the entry driveway to meet commercial standards. The structure has had recent termite repairs, roof replacement, and updated electrical and plumbing system improvements. Hawai`i County is an Equal Opportunity Provider and Employer The Honorable Dominic Yagong, Chairman and Members of the County Council Page 2 The total cost of the improvements is estimated at approximately $230,000. One dentist, a dental hygienist and three or four support staff are proposed for the practice. The applicant intends to relocate his dental office from its current location at the Ace Hardware property to the subject 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 be also considered as they may have an impact on similar areas in the County. The proposed request conforms to the goals, policies and standards of Land Use (Commercial) and Economic Elements of the General Plan. The Land Use Pattern Allocation Guide ( LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The requested Village Commercial zoning is consistent with the Medium Density Urban designation on the LUPAG Map for this area of Na'alehu. Such designation may allow village commercial uses, including office uses. Commercial rezonings in the area include: • TMK: 9 -5 -24: 008, approximately 450 feet east of the property, Ordinance No. 07 98 effective June 25, 2007, from RS -7.5 to CV -7.5. • TMK: 9 -5 -24: 76, approximately 550 feet east of the property, Ordinance No. 90 131 effective October 20, 1990, from RS -7.5 to CV -7.5. • TMK: 9 -5 -24: 77, approximately 660 feet east of the property, Ordinance No. 90 129 effective October 20, 1990, from RS -7.5 to CV -7.5. • TMK: 9 -5 -25: 24, 28, 29, 30, approximately 70 feet to the southwest, Ordinance No. 96 55 effective May 10, 1996 from RS -15 to CV -7.5. • TMK: 9 -5 -8: por 1, approximately 75 feet to the northwest, Ordinance No. 90 11 effective February 13, 1990 from RS -15 to CV -10. Surrounding uses are a mix of residential and commercial uses zoned RS -15, CV- 10 and CV -7.5. Na'alehu Park is located across from the site and zoned Open. Properties on the northeast corner of Mamalahoa Highway and Na'alehu Spur Road (Ka'alaiki Road east of the Mamalahoa Highway) are zoned CV -7.5. Ace Hardware is The Honorable Dominic Yagong, Chairman and Members of the County Council Page 3 located approximately 500 feet from the project site. The Ka`u Family Health Center is located to the east and zoned CV -10. Na'alehu School is located east of the Ka`u Family Health Center. The request is consistent with the proposed goals and objectives of the Ka`u Community Development Plan, which is currently in the development stage. The Steering Committee for the Ka`u CDP has adopted a number of proposed goals and objectives, and this request is consistent with the following: • Enhances a longstanding locally -owned business and increases the number of skilled jobs. • The business will remain in the heart of Na`alehu, in very close proximity to its commercial core. • The renovation will restore and enhance a historic building. • The project preserves an important component of the community infrastructure — access to dental care. On July 22, 2011, the County Council adopted Resolution 60 11 (draft 2), to "temporarily delay council action on General Plan amendments and rezoning applications in the district of Ka`u until the Ka`u Community Development Plan is adopted by Ordinance, or until December 31, 2012, whichever [shall] occur first ". The subject application for a change of zone was accepted by the Planning Department on July 6, 2011, prior to the adoption of Resolution 60 11. However, the application was reviewed and complies with proposed goals and objectives developed by the Steering Committee of the Ka`u CDP. Access to the property is from Mamalahoa Highway (Highway 11), a state -owned highway under the jurisdiction of the Department. According to the Department of Water Supply, County water is available from an existing 8 -inch waterline within Mamalahoa Highway. The County police station is located less than two miles from the property. Ka'u Hospital is located approximately thirteen miles from the site. All utilities are available to the property. The request would complement a policy of the General Plan in which "Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems....." The Flood Insurance Rate Maps (FIRM) indicate that the area is located in Zone "X," areas determined to be outside of the 500 -year flood plain. There are no significant drainage ways that adversely affect the project site. While there are no indications of The Honorable Dominic Yagong, Chairman and Members of the County Council Page 4 surface water flow on -site, the applicant will be required to abide by all applicable County guidelines for run -off that may be generated by the project. The entire site has been grubbed and graded as a dwelling site, and was the former site of the Na'alehu Fire Station. Given the scope of work previously conducted on the site, the presence of any known rare, threatened, or endangered floral and fauna species is remote. Likewise, the existence of archaeological sites within the property is unlikely. By letter dated January 19, 2011, the applicant has requested a letter of "no effect" from the State Department of Land and Natural Resources Historic Preservation Division. The Planning Department has not received any comments from the SHPD as of this writing. Based on the above findings, the request to reclassify the property from a Single - Family Residential 15,000 square feet (RS -15) to a Village Commercial 10,000 square feet (CV -10) district would result in a more appropriate land use pattern that will further the public necessity and convenience and the general welfare, and be consistent with the goals, policies and standards of the General Plan. For your favorable consideration, an amendment to Section 25 -8 -30 (Na'alehu Zone Map), Article 8, Chapter 25 (Zoning Code) is transmitted. We are enclosing copies of the staff Background, Planning Director's Recommendation, and the Powerpoint presentation for your information. Sincerely, Zendo Kern, Chairman Windward Planning Commission Lkevinstuefrez11- 000140 #2 Enclosures cc: Mr. Jeff Melrose Dr. Kevin Stuef Department of Public Works Department of Water Supply Department of Land & Natural Resources -HPD DOT - Highways, Honolulu Amy Self, Esq., Corporation Counsel B StuefREZ. doc- 8/21 /1 1 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT DR. KEVIN STUEF CHANGE OF ZONE APPLICATION (REZ 11 -140) DR. KEVIN STUEF has submitted an application for a Change of Zone from Single - Family Residential 15,000 square feet (RS -15) to Village Commercial 10,000 square feet (CV- 10) for 20,637 square feet of land. The property is located on the north side of the Mamalahoa Highway (Highway 11) across from Na'alehu Park, adjacent to and east of the Punalu`u Bake Shop, Na'alehu Subdivision 3rd Series, Poupouwela and Kawala, Ka'u, Hawaii, TMK: 9 -5 -25: 033. PROPOSED ACTION 1. Request: Change of zone from RS -15 to CV -10 to allow the establishment of a dental office in an existing single - family dwelling. The applicant has practiced dentistry in Na'alehu for approximately 30 years. The existing structure will remain intact, and the current floor plan will remain largely unchanged. Additional improvements include ADA access ramps, paved client parking and a widening of the entry driveway to meet commercial standards. The structure has had recent termite repairs, roof replacement, and updated electrical and plumbing system improvements. The total cost of the improvements is estimated at approximately $230,000. One dentist, a dental hygienist and three or four support staff are proposed for the practice. 2. Reasons for the request: The applicant intends to relocate his dental office from its current location at the Ace Hardware property to the subject site. (Planning Department Exhibit 1 - Change of Zone application) 3. Landowner: Kevin and Diana Stuef. GENERAL INFORMATION 4. Proposed Village Commercial Zoning: • Height limit - 30 feet • Minimum building site area - 7,500 square feet ATTACH: Carlin. 449 Bill 136 • Setback (if approved) — front or rear yards 15 feet; side yards 10 feet. STATE AND COUNTY PLANS 5. SLU Designation: Urban. 6. GP LUPAG Map: Medium Density Urban. 7. County Zoning: RS -15. 8. Special Management Area: The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The property is not situated within the Special Management Area. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 9. Subject Property: The property is an approximately 20,637 - square foot parcel improved with a single- family dwelling constructed in 1928. The property is relatively flat and landscaped, and was the site of the former Na'alehu Fire Station. 10. Surrounding Land Uses /Zoning: Surrounding uses are a mix of residential and commercial uses zoned RS -15, CV -10 and CV -7.5. Na'alehu Park is located across from the site and zoned Open. Properties on the northeast corner of Mamalahoa Highway and Na'alehu Spur Road (Ka'alaiki Road east of the Mamalahoa Highway) are zoned CV -7.5. The Ka`u Family Health Center is located to the east and zoned CV -10. Na'alehu School is located east of the Ka`u Family Health Center. 11. Commercial rezonings in the area: • TMK: 9 -5 -24: 008, approximately 450 feet east of the property, Ordinance No. 07 98 effective June 25, 2007, from RS -7.5 to CV -7.5. • TMK: 9 -5 -24: 76, approximately 550 feet east of the property, Ordinance No. 90 131 effective October 20, 1990, from RS -7.5 to CV -7.5. • TMK: 9 -5 -24: 77, approximately 660 feet east of the property, Ordinance No. 90 129 effective October 20, 1990, from RS -7.5 to CV -7.5. • TMK: 9 -5 -25: 24, 28, 29, 30, approximately 70 feet to the southwest, Ordinance No. 96 55 effective May 10, 1996 from RS -15 to CV -7.5. • TMK: 9 -5 -8: por 1, approximately 75 feet to the northwest, Ordinance No. 90 11 effective February 13, 1990 from RS -15 to CV -10. -2- 12. U.S.D.A. Soil Type: NaC, Na'alehu Series which consists of well- drained silty clay loams that formed in volcanic ash, with slopes of 0 to 10 percent. Runoff is slow and the erosion hazard is slight. 13. Land Study Bureau's Productivity Rating: Unclassified. 14. ALISH: Unclassified. 15. FIRM: Zone "X ", an area located outside of the 500 -year flood plain. 16. Flora/Fauna: No botanical or fauna survey was prepared, as the property has been fully developed with a single family dwelling. No known rare, threatened, or endangered species are known to inhabit the parcel or are expected to be discovered on the site. Likewise, no species listed as threatened or endangered, proposed, or a candidate species are found on the site. 17. Archaeological /Cultural/Historical Resources: No archaeological inventory survey has been prepared, as the property is improved as a dwelling site. Similarly, no valued cultural or historical resources exist on the site. No traditional and customary native Hawaiian rights are exercised on the site. By letter dated January 19, 2011, the applicant requested a letter of "no effect" from the State Department of Land and Natural Resources Historic Preservation Division (SHPD). The SHPD has not provided any comments as of this writing. 18. Public Access: None that traverses the property. 19. Traffic: The proposed project will not significantly add to current noise levels. UTILITIES AND SERVICES 20. Access: Access to the property is from Mamalahoa Highway, a state -owned highway under the jurisdiction of the Department of Transportation. 21. Water: County water is available to the site. 22. Wastewater: Wastewater will be handled by individual wastewater systems, in compliance with the State Department of Health. 23. Utilities and Services: The County police station is located less than two miles from the property. Ka'u Hospital is located approximately thirteen miles from the site. Essential utilities are available to the site. AGENCIES' COMMENTS 24. Department of Public Works: P. D. Exhibit 2 - August 8, 2011 memo 25. Department of Water Supply: P.D. Exhibit 3 - August 11, 2011 memo 26. Police Department: P.D. Exhibit 4 - July 18, 2011 memo 27. Fire Department: P.D. Exhibit 5 - July 14, 2011 memo 28. Department of Environmental Management: P.D. Exhibit 6 - July 18, 2011 memo 29. Office of Housing and Community Development: P.D. Exhibit 7 - July 20, 2011 memo 30. DLNR Land Division: P.D. Exhibit 8 - July 15, 2011 memo 31. Department of Health: P. D. Exhibit 9 - July 28, 2011 memo 32. Department of Transportation: P.D. Exhibit 10 - August 16, 2011 letter AGENCIES - NO RESPONSE 33. DLNR Historic Properties Division PUBLIC COMMENTS 34. None as of this writing. CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT APPLICANT: Dr. Kevin Stuef, DDS APPLICANT'S SIGNATURE:. \Ce# -t>.. (� 4 4 P S DATE: I [ -1 1 ADDRESS: P. O. Box 6208, Ocean View, H1 96737 LIST APPLICANT'S INTEREST IF NOT OWNER: Owner LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: NA PHONE:(Bus.) (808) 929 -7318 (Res.) (808) 939 -9486 (Fax)C Sb V1 q °t 7 -1 o1 LANDOWNER(S): Kevin Stuef lid W i fe Di LANDOWNER SIGNATURE(S): La . LANDOWNER(S) ADDRESS: Same as Applicant DQ5 (May be by letter lil DATE: iipr/ rr REQUEST: RS -15 TO CV -10 (Existing zoning) TAX MAP KEY: (3) 9 -5- 025:033 (Proposed Zoning) STREET ADDRESS OF PROPERTY: 95 -5612 Mamalahoa Highway, Na'alehu, Ka'u Hawaii SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 20,637 SF (0.4738 ac.) AGENT: Island Planning ADDRESS: 1405 Waianuenue Ave, Hilo, HI 96720 TELEPHONE:(Bus.) 808 989 -8322 (Res.) (Fax) 888 269 -2576 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Applicant COPIES: Agent Planning Dept. Exhibit Rezoning Application RS -15 to CV -10 95 -5612 Mamalahoa Highway, Na'alehu Ka'u, Hawai'i TMK (3) 9 -5- 025:033; Na'alehu, Ka'u Hawaii Applicant Kevin Stueff DDS Submitted By Island Planning 1405 Waianuenue Ave. Hilo, HI 96720 1 Rezoning Application TMK (3) 9- 5- 025:033 Na'alehu, Ka'u Hawaii A. SUBJECT REQUEST Project description The Applicant proposes to renovate an existing plantation era residence in Na'alehu to relocate his existing dentist office. The applicant has been a dentist in Na'alehu for nearly 30 years and has been operating out of rented facilities behind the Ace Hardware which is about 500 feet from the proposed project area. The Applicant purchased the subject property from Ka'u Agribusiness in 2001. Prior to that date the building was rented to the County of Hawaii Fire Department to house its Na'alehu Fire Station. The existing building will remain intact and serve as offices for a dentist, dental hygienist and 3 to 4 support staff. The structure has had recent termite repairs and roof replacement along with modernization of its electrical and plumbing systems. Interior walls will remain intact and the existing floor plan will remain largely unchanged to accommodate the new use. Additional improvements will include ADA access ramps, paved client parking and a widening of the entry driveway to meet commercial standards. Statement of objectives and reasons for the request The existing property is zoned RS -15 which does not permit a medical office, nor are medical offices allowed in this zoning district with a Use Permit. The only land use option available to the Applicant is to rezone the property from residential (RS -15) to commercial use. Commercial CV -10 zoning is the predominant commercial zoning category in Na'alehu and is most appropriate for the proposed use. Land Area and Building Size The property is 20,637SF (0.4738 ac.) in size and the existing structure is one story with 2,006 SF under roof, with four bedrooms and two bathrooms. The building was constructed in 1928 and is a single wall, post and pier, ranch style design made of pine wood. The existing partitions in the structure will be retained and individual bedrooms will be adapted to serve dental and office and storage functions. Timeframe and cost The Applicant has already begun work to stabilize the existing structure, replace the roof and done other remedial improvements. It is expected that the facility will be open for business within six months of the receipt of rezoning approval. Total cost of the improvements is estimated to be about $230,000. 2 scale: 1 " = 10' I L. Atamalahw Highw y - Hv ' 7111 SITE PUN A -0 Figure 1: Proposed Site Plan for Dental Office. Note Client Parking, ADA Improvements and retention of existing landscape trees Employees and Clientele The Applicant currently serves several hundred clients in the Ka'u region from a rented office space behind of Ace Hardware in Na'alehu. Dr. Stuef is the only practicing dentist within 40+ miles. The Applicant sees 10 -12 patients per day between 8:30 AM and 5:00 PM, five days a week, 50 weeks a year. The practice performs general dentistry and dental hygienic services, currently employs three full time staff and provides dental services to over 1200 active patients. If the subject application is approved, the Applicant has plans to hire a dental hygienist and one additional support staff to provide additional services in the new location. Traffic and Parking Management The Applicant will construct a paved entry drive from Mamalahoa Highway and install eight (8) regular parking stalls and a handicap accessible stall to serve clients and staff. Access to the property will be off of Mamalahoa Highway in the area of an existing driveway. The driveway will be expanded to accommodate two -way traffic as required by the County Code. Sight distance from the driveway on to the Highway is sufficient for safe traffic movements at any time of the day or night. 3 Hours of operation will be from 8:00 AM to 6:OOPM on weekdays with very limited traffic during non - office hours. Assuming some small levels of growth in staff and clientele from current operations nearby, there will be approximately 20 -25 ingress and egress movements daily. This is somewhat higher than a standard residential use but is not significantly different from the activity generated on the property when it was used to house the County Fire Department's Ka'u base of operation which ended several years ago. Proposed On -site and Off -site Infrastructure The property is currently served with municipal water, electricity and cable service. The new use is not expected to increase the demand on these services in any significant fashion. A detailed assessment of water use will be conducted as final improvement plans are prepared. Waste water is currently disposed of via an existing cesspool. This will be replaced with a DOH approved septic system to accommodate the new use and commercial requirements. No off -site infrastructure improvements are anticipated. B. CONFORMANCE WITH STATE /COUNTY PLANS Current Land Use Classifications State Land Use County General Plan LUPAG Existing Zoning Community Dev. Plan Special Management Area Urban Medium Density RS -15 KCDP in process NO Hawaii County General Plan LUPAG Map The General Plan LUPAG Map (see figure 1), designates the property as Medium Density, a designation that allows the requested CV -10 zoning. County Zoning The property is currently zoned RS -15. This category does not permit the establishment of medical offices. Lands immediately surrounding the property are also zoned RS -15 or RS -7.5. There are also several nearby properties that are zoned for commercial use (CV -10 and CV 7.5). The proposed rezoning to CV -10 would allow the Applicant to install the dentist office as he proposes. 4 .ow[Densit ountyGeneral Plan LUPAG Figure 2: County General Plan Land Use Pattern Allocation Guide (LUPAG) Map of Na'alehu Figure 3: Hawaii County Zoning in Na'alehu 5 Applicable Goals, Policies and Objectives of the General Plan The request is consistent with the following Goals, Policies and Standards of the Economic and Land Use Elements of the General Plan. Economic Element Goals • Provide residents with opportunities to improve their quality of life. • Economic Development and improvement shall be balanced with the physical and social environments of the Island of Hawaii. • The County of Hawaii shall strive for diversity and stability in its economic system. • The County shall provide an economic environment which allows new, expended or improved economic opportunities that are compatible with the County's natural and social environment. Policies • The County shall strive for an economic climate which provides its residents and opportunities for choice of occupation. • The County shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. Land Use Element (Commercial) Goals • Provide for commercial developments that maximize convenience to its users. • Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities and neighborhoods. Policies • 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. • Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. • The development of commercial facilities should be designed to fit into locale with minimum intrusion while providing the desired services. Appropriate infrastructure and design controls shall be incorporated into the review of such development. Standards • Commercial development shall be located in areas adequately served by transportation, utilities and amenities. Commercial development shall provide for adequate internal circulation amongst commercial facilities. • Off - street parking and loading facilities shall be provided 6 • Commercial development shall maintain or improve the quality of the present. environment through the consideration of visual, access, landscaping and other design elements in their development. • Preference shall be given to commercial lands with reasonable level topography. C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING General Description The property is rectangular in shape and consists of 20,637 SF. It is located directly across the street from the Na'alehu Park and fronts the Mamalahoa Highway. The lot is generally flat with several large trees on the perimeter. The property is at approximately 700' elevation and located over two miles (12,000') from the shoreline. Winds are light and variable with local land to sea breezes and the area is subject to strong, steady trade winds and periodic Kona storms. Annual rainfall is between 45 -50 inches annually and temperatures range from 61 -80 degrees Fahrenheit. The property is in Lava Zone 6, suggesting a low probability that the area will be covered by volcanic eruption. Soils and Agricultural Potential Soils on the site are identified by the Soil Survey of the Island of Hawaii (USDA -SCS 1973) as Na'alehu silty clay loam. This soil type was used for sugar cane and pasture activities. Runoff is slow and erosion hazards are slight. Neither the Agricultural Lands of Importance in the State of Hawaii (ALISH) nor the Land Study Bureau (LSB) soil ranking systems rank the lands under the proposed project. The land is in the Urban district and was not classified under either the ALISH or LSB soil classification systems. Flood Designations and Drainage Flood Insurance Rate Map (FIRM) designation from the Department of Public Works, Engineering Division indicates that the property is in the "shaded" Zone X. (See Appendix A) This suggests that the property is subject to flooding during a 100 -500 year flood event. Flood improvements have been constructed nearby to direct up -slope runoff into a concrete channel located some 275' to the east of the subject property. This drain way is maintained by the County of Hawaii and serves to protect significant properties in the core of Na'alehu. Air /noise /water quality The property is in near the center of Na'alehu town. It is subject to some street noise and, like the Ka'u region generally, is periodically impacted by volcanic haze (vog) from Kilauea Volcano. There are no large commercial sources of air or noise pollution in the region and the subject proposal will add nothing in terms of new noise or air pollution to the immediate area or 7 the surrounding region. Domestic water is provided by the Water Department and meets DWS standards. There is no surface water in the vicinity of the property. Historic Resources The property is not on either the State or National Historic Register of Historic Places. It was constructed in approximately 1928 and is over 80 years old. As such, it is classified by the State Historic Preservation Division (SHPD) as an historic structure. SHPD has been contacted both by phone and in writing to describe the nature of the proposed future use and the work needed to upgrade the structure to meet commercial requirements. A copy of the letter sent to the Architectural Branch of SHPD seeking formal clearance for the improvements is attached as Appendix B. At the time of this submittal no formal response from SHPD has been received although verbal communications indicated that the proposal was a good way to see the older structure preserved, repaired and brought into current use. Dr. Stuef has sought the professional counsel of Boone Morrison, a certified Historic Properties architect to assist him in the building repairs and renovation. Mr. Morrison is based in Volcano, Hawaii and has extensive experience in working with older homes to retain their historic fabric in the process of adaptive re -use. Natural Resources There are no significant natural resources on the property, aside from several non - native canopy trees and common landscape materials. Flora and Fauna An informal flora and fauna survey was conducted on the property. The area has been fully developed for residential use for over 80 years so the plant mix is similar to many backyards in the Na'alehu area. Ground cover is common exotic grass species and perimeter plantings include monkey pod trees, ti, plumeria and other common introduced species. Animal life includes mongoose, rats, and a range of non - native bird species, including doves, mynah, sparrows and finches. No listed or threatened endangered species reside on the property. The Hawaiian Hawk (`I'o) and the Hawaiian hoary bat (`opaepae) are seen periodically throughout the Ka'u region, but there is no sign of either species currently living on or frequenting the subject property. Valued Cultural Resources The subject parcel has been fully developed for over 80 years. There are no pre - contact historic sites on the property. Subsurface excavation will be limited to the grading and asphalting of an expanded driveway and parking area. There will also be a new septic system installed on the property. Care will be taken during periods of excavation to insure that no subsurface sites, burials or other material is located during excavation. Any inadvertent discoveries will be handled in a manner consistent with the Historic Preservation rules of the State of Hawaii. 8 There are no historic trails on the property and no traditional resources in the area that would prompt the exercise of traditional and customary rights. D. Social- Economic Characteristics Settlement Pattern The property is located in the middle of Na'alehu town. Settlement is oriented along the Mamalahoa Highway with subdivisions extending in both mauka and makai directions. The commercial center of Na'alehu with its grocery and hardware stores, the Punalu'u Bake Shop and several small restaurants is located nearby. The subject property has been in residential use for over 80 years. Lands to either side of this parcel, including the Punalu'u Bake shop and Big Island LLC's office structure have been rezoned to Commercial use over the last decade or so. The rezoned properties also utilize their existing plantation era buildings and provide business activity and economic opportunities to the Ka'u area. The proposed rezoning action is similar to these nearby rezoning actions and will offer an essential medical service to the residents of the region. Economic Resources The economy of the Ka'u region is still recovering from the loss of the sugar industry in 1995. The main features in the economy today include farming (macadamia, coffee, fruits) and ranching. There is growing visitor industry activity associated primarily with the expansion of the Hawaii Volcanoes National Park and pass - through visitation from both visitors and island residents. It is an ongoing challenge to attract and retain businesses to serve the local population in Ka'u. This includes professional services such as doctors and dentists. The Applicant has served the dental needs of Ka'u residents for over 20 years and hopes to continue and expand that service with his proposed improvements to the subject property. Land Values Residential land values in the Ka'u area are still recovering from global financial complications in 2007 -2008. There are also a wide variety of properties on the market, many of them in large 1960 -era subdivisions in Ocean View, Mark Twain Estates, Discovery Harbor etc. Residential land values have fallen in recent months and there is a large inventory available. Foreclosure sales will continue to produce downward pressure on residential values. There have been no recent sales of commercial properties in the Ka'u district. Demand is low for new commercial ventures and several commercial properties in Na'alehu are vacant or under- utilized at this point in time. The proposed venture for Dr. Stuef is a personal business decision to improve his existing dental office, not a speculative effort to increase land values. 9 Surrounding Lands Use and Zoning Figure 3 provides a map of the existing zoning in Na'alehu Town. Land adjoining the subject property is zoned RS -15 with CV -10, CV -7.5, MG -20, Open and RS -7.5 in the immediately area. E. PUBLIC FACILITIES AND SERVICES Access Vehicular access to the property is over an existing driveway from the Mamalahoa Highway. The existing l lfoot wide driveway will be widened to 24 feet to accommodate two -way traffic in and out of the dentist office parking area. Domestic Water Domestic water is currently installed on site via a 5/8 inch residential meter. The water comes from an 8" line in the Mamalahoa Highway right of way. The source of the water is the Na'alehu well located several thousand feet to the west. There is a fire hydrant immediately adjacent to the property on Mamalahoa Highway. Sewage disposal Waste water has been disposed of on site in an existing cesspool. The applicant is preparing to install a septic system that will meet the commercial requirements of the Department of Health. The volume of waste water to be disposed of will be similar to what might be disposed of in a typical residential home, in the vicinity of 500 GPD. Police and Fire Protection Police and Fire protection is provided to the Na'alehu area by the County of Hawaii. Both services are located in the Na'alehu area less than 2 miles away and there is plenty of existing capacity to cover the needs of this existing structure and the relocation of the existing dental office use. Solid waste Solid waste will be collected and disposed of by a commercial waste hauler. Actual waste generated from the dentist office will be less than what would fit in a five gallons bucket per day. Schools Na'alehu School, serving grades K -8, is located to the east and across the street from the subject property. The project will have no effect on the demand for educational services in the region. It will however continue to provide dental services to local school children and families. 10 Parks County Park facilities in the area include Na'alehu Park, located to the east and across the street. The park includes a large playing field for baseball and football, tennis courts, a basketball court and a community center. Five miles to the east is Honuapo Park and Whittington Beach County Park. The National Park manages over 200,000 acres of land in the district for public use and natural resource protection. For the people of Ka'u, the primary recreational resource is the shoreline, which is largely accessible and undeveloped. The Project will have no impact on recreational activities in the region. Telephone and Electrical Service The property is currently fully served with electric, phone and cable service. No additional burden on these services is expected as a result of this rezoning application. Medical Services The nearest hospital is the Ka'u Hospital in Pahala which provides long term care and limited emergency response. The Bay Clinic has opened a facility in Na'alehu to provide medical services and is also providing limited dental services at this time. The Project will insure that the region's longest practicing dentist will be able to continue his services and expand them as opportunities arise. F. Consistency with Chapter 205A, Coastal Zone Management The objectives of the Hawaii Coastal Zone Management Program are outlined in chapter 205A, Hawaii Revised Statutes. The principle goal of CZM program is to assure the protection and maintenance of the State's coastal resources. Although the entire State falls within the CZM area, the proposed project is not within the Special Management Area. Nevertheless, a review of the project's consistency with CZM policies is required. The proposed project is located at 700' elevation and is over 12,000' from the shoreline. It also involves the use of an existing structure with only minimal ground disruption to improve vehicular access and parking and to install a septic system. As such, the project will have no impact on coastal resources more than two miles away. It will also have no impact on coastal views or scenic resources. The project will involve the renovation of an old plantation style structure and as such, will preserve local scenic views and character associated with similar building in the town core of Na'alehu. The property has been in active residential or other civic uses for over 80 years. There are no known archaeological or cultural resources on the property and no traditional public access trails that would enable the public to pass through the property for gathering or other cultural purposes. Public participation goals associated with CZM goals will be met through the public hearing processes to be conducted before the Planning Commission and the County Council. 11 G. ENVIRONMENTAL ASSESSMENT AND ANALYSIS Relationship between local short term uses of environment and maintenance and enhancement of long term productivity The subject rezoning application will not significantly impact any environmental or cultural resources. The proposed use is consistent with the County General Plan's LUPAG Map and is similar in type and scale to several other rezoning approvals that were granted in the vicinity in recent years. The proposed use will make best economic use of an existing historic structure, add very little new traffic to the fronting Mamalahoa Highway and would set up a country -style dentist office that fits with the surrounding community and provides additional health services to this currently underserved area. Mitigating measures to be taken on this project include: • expansion of the existing driveway from 11' to 24' to accommodate free ingress and egress; • Paved parking stalls to accommodate commercial use requirements, including handicapped use; • ADA improvements to make the historic structure accessible to all; • Installation of a new septic system to replace the existing cesspool and meet commercial property requirements. There are several alternative approaches available for this property. These include: 1. Leave the property as is. This approach would let the wood rot and termite damage of several decades continue until such time as the existing structure was no longer useable. At which point it would be demolished and potential replaced with a new structure 2. Repair the property and maintain the residential use. This alternative would require a significant capital investment in repair for the relatively low return for residential property rents. The Applicant has no interest in becoming a landlord for residential user and could receive significantly higher returns from any number of investments in lieu of this project. 3. The Applicant could raze the existing structure and seek rezoning and other building approvals to construct a new dentistry office on the property. This would remove the character of the existing historic structure from the Na'alehu streetscape and result in significant additional expense to construct a new structure. A new structure could support additional commercial activities in a marketplace where there is little new demand for commercial use. 12 4. Rehabilitate the existing building and seek County rezoning approvals for Commercial use. This alternative would retain the charm of the old building and give it additional economic life. It would also provide appropriately scaled dental services in a unique country setting without creating any significant impacts on surrounding properties. 5. The Applicant could abandon the property, remain in his rented office space and continue the current level of service he has provided for nearly 30 years. The Applicant has made the initial investment in acquiring the property and in doing basic structural repairs to keep it standing. This investment would be compromised if the Applicant was to continue at his current location behind Ace Hardware. The community would also lose the benefits of improved and expanded dental services that will result for the improvements when they are completed. The Applicant selected Alternative 4 and hopes that the County Planning_ Department, the Planning Commission, County Council and the Ka'u community appreciate his willingness to invest his personal resources in improving and expanding dental services in the Na'alehu area. There are no irreversible and irretrievable commitments of natural resources associated with the proposed action. 13 Appendix A FIRM Flood Insurance Rate Map 14 yy,l �, ;�..\ Nt X °.1., ,,�,y,, '� i ,I ✓ �y o< ,,4\ , , ( r�� te\\ • �~ l� ''bas -� 6F,�- \ \l N_ . 1 \F z y S.'E II \ \ Il� = = aigC %' '0di 11 //q ataoa q `. ...1 K A �:W •A L`A o\ 4/ \ \\ ` 1 $ \\ Water\ ° 6 \\ ',rl,Tank ac \u • \ \\ \ d .yaa \ . U • \1 A II 0 -- \ I/ 1 APPROXIMATE SCALE IN FEET 2000 0 2000 am_ • Water ° lank. f • <a9 Nealehu Subdtation .,H ACCESS \ = =_ >_= ROAD ZONE X tiQ 92 HAHAEA WALL NATIONAL FLOOD INSURANCE PROORAN FIRM. FLOOD INSURANCE RATE MAP HAWAII COUNTY, HAWAII PANEL 1850 OF 1900 (SEE MAP INDEX POR PANELS NOT PRINTED/ 0 a4 ,po aaaao O� r _ � r rl1 V I'd //. r / l II 11 ,1 ll N yy, iH 626 qq p ;TV Tower " °63/ .Q PANEL LOCATION COMMUNITY-PANEL NUMBER 155186 1850 C MAP REVISED: SEPTEMBER 16,1988 Federal Emergency Mana emegt'Agency 2 This Is an official copy of a portion of the above referenced flood map. It was extracted using F-MIT On -Una. Thle map does not reflect changes or amendments which may have been made subsequent to the date on the title dock. For the latent product Information about National Flood Insurance Program flood maps check the FEMA Flood Map Store at www.mse.fema.gov Appendix B Letter to SHPD dated January 19, 2011 PO Box 131 - Volcano - Hawaii - 96785 Telephone (808) 967 - 7512. Email boone@aloha.net 19 January, 2011 Architectural_ Branch State Historic Preservation Division 601 Kamokila Blvd., Rm.555 Kapolei, Hawaii 96707 Subject: Request for a No Effect Letter: Proposed Rezoning of TIM (3) 9-5-025:033 from Residential to Commercial Use involving an existing residence over 50 years old; Na'alehu, Ka'u, Hawaii Aloha: I write on behalf of Dr. Kevin Stuef, DDS who has been a practicing dentist in Na'alehu, Hawaii for over 25 years. Dr. Stuef has acquired the above property with the intention of renovating its existing residential structure to accommodate his dental practice. We are processing a rezoning application from residential to commercial to enable the proposed use and need a "no effect" determination from the State Historic Preservation Division to proceed with that application. The structure is not on the State or National Historic Register but qualifies as an historic structure based on its age. The structure was constructed in 1928 as a single family residence for plantation supervisory staff. It has four bedrooms, two baths and 2,006 SF of interior space. It is one of several similar homes along Mamalahoa Highway in the core of Na'alehu Town. Dr. Stuef is committed to leaving the exterior of the structure intact, with the addition of ADA improvements. The interior of the building will receive electrical and plumbing improvements, ADA Morrison to SHPO p 2 of 2 accommodations and the adaptation of existing spaces to serve the needs of a dental office -the existing floor plan will be retained. Parking and driveway improvement are proposed. Existing trees and landscaping will be trimmed but generally left as they are today. Overall the exterior appearance of the structure will not be altered, all appropriate materials employed, and only the repair to termite damaged or dry rot will be undertaken. The overall architectural character of the structure will not be impacted in any way. The property is depicted and described in the attached materials. Thank you for your timely handling of this request. Please feel free to contact me at your convenience if you have any questions on this matter. B +one r isgn, Architect Lic #6708 Appendix C List of Neighboring Properties w /in 300' Neighbor Notification w /in 300' of TMK 9 -5- 025:033, Na'alehu Ka'u TMK 9 -5- 008:001 9 -5- 008:034 9 -5- 021:005 9 -5- 021:023 9 -5- 021:024 9 -5- 021:026 9 -5- 021 :028 9 -5- 021:029 9 -5- 021:030 9 -5- 025:001 9 -5- 025:003 9- 5- 025:004 9 -5- 025:005 9 -5- 025:006 9 -5- 025:007 9- 5- 025:008 9 -5- 025:034 9 -5- 025:035 9 -5- 025:036 Owner EWM Enterprises LP La' I LLC William and Susan Peebles Drake S. Fujimoto Patricia M Mctighe County of Hawaii Tina M. Edmunds Maui Varieties Investment Inc Tina M. Edmunds John M. Katchmar Trust John M. Katchmar Trust The Gas Company LLC: Attn Geog Aoki Brian and Marcella -Ann Marumoto Jarren Donn Tsukamoto Deanna Palmer Mary De Morales Marie I Kaya Josephine DeMoralas Patricia Salmo Trust Wade and Priscella Espejo Beverly M. Frederick Trust Joseph G. Pedro Randell Joseph Mochizuki John M. Katchmar Trust Mailing Address 175 E Reno Ave. Ste C -6 1000 Bishop St. Suite 810 P.O. box 134 25 Aupuni St. 236 SE 139th Ave Apt E 2810 Paa St. Suite A 236 SE 139th Ave Apt E PO Box 1066 PO Box 1066 P.O. Box 3000 42 Ainaola St. P.O. Box 34 532 Mar Vista Dr. P.O. Box 616 P.O. Box 735 HC 2 Box 6869 P.Q. Box 453 P.O. Box 46 PO Box 1066 Las Vegas NV 89119 Honolulu HI9643 96813 Na'alehu HI 96772 Hilo HI Portland OR Honolulu HI Portland OR Na'alehu HI Na'alehu HI Honolulu HI Wailuku HI Na'alehu HI Monterey CA Na'alehu HI Pahala HI Keaau HI Na'alehu HI Na'alehu HI Na'alehu HI 96720 97233 96819 97233 96772 96772 96802 96793 96772 93940 96772 96777 96749 96772 96772 96772 DEPARTMENT OF PUBLIC WORKS • . ZZuNTY OF HAWAII H I LO, HAWAII DATE: August 8, 2011 Neogenotdamo TO: BJ Leithead Todd, Planning Director r k35 FROM: et"' Department of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 11-000xxl) Applicant: Dr. Kevin Stuef Request: RS -15 to CV -10 Tax Map Key: 9 -5 -25: 033 We have reviewed the subject application forwarded by your memo dated July 11, 2011 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 plan may be required by the Planning Department in accordance with Section 25 -2 -72(3) of the Hawaii County Code. Mamalahoa Highway, fronting the subject property, is under the jurisdiction of the State of Hawaii. The subject parcel is in an area designated as Zone X (shaded) on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X (shaded) are areas of 500 -year flood or areas of the 100 -year flood with average depths of less than 1 foot or with drainage areas less than one square mile. Zone X (shaded) is not within a Special Flood Hazard Area and therefore floodplain management regulations do not apply. Questions may be referred to Kelly Gomes at ext. 8327. Planning Dept. Exhibit County of Hawaii is an Equal Opportunity Provider and Employer DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 3 4 5 KEKUANAO'A STREET, SUITE 20 • HILO. HAWAII 96720 TELEPHONE (808) 961 -8050 • FAX (808) 961 -8657 August 11, 2011 TO: Ms. BJ Leithead -Todd, Planning Director Planning Department FROM: Milton D. Pavao, Manager -Chief Engineer SUBJECT: CHANGE OF ZONE APPLICATION (REZ 11- 000140) APPLICANT — DR. KEVIN STUEF REQUEST: RS -15 TO CV -10 TAX MAP KEY 9 -5- 025:033 We have reviewed the subject application and have the following comments and conditions. Water is available from an existing 8 -inch waterline within Mamalahoa Highway fronting the subject parcel. The subject parcel is currently served by a 5/8 -inch meter, which is limited to a maximum daily usage of 600 gallons. For the applicant's information, the current water availability conditions in the area, which are subject to change without notice, can provide up to a maximum of seven (7) units of water per pre- existing lot of record. Each unit of water is equal to a maximum daily usage of 600 gallons; therefore a maximum usage of 4,200 gallons per day is available. The Department has no objection to the proposed change of zone application subject to the applicant understanding and accepting the following conditions: 1. Prior to issuing a water commitment for the subject application, the applicant must submit estimated maximum daily water usage calculations, prepared by a professional engineer licensed in the State of Hawai`i, 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). Upon approval of the water usage calculations, the Department will determine if water can be made available, the water commitment deposit amount, facilities charges due, and any necessary water system improvements required. 2. Should the existing 5/8 -inch meter serving the subject parcel be adequate to support the proposed water demand, as determined from the water usage calculations provided per Item No. 1 above, the applicant may utilize the existing meter, but will be required to install a reduced pressure type backflow prevention assembly within five (5) feet of the meter on private property. If a larger meter is required, the existing 5/8 -inch meter will need to cut and plugged and a reduced pressure type backflow prevention assembly will need to be installed within five (5) feet of the larger meter on private property. The installation of the backflow prevention assembly must be inspected and approved by the Department before water service can be activated. 3. If a larger meter is required, the applicant will be required to submit construction plans, prepared by a professional engineer licensed in the State of Hawai`i, for review and approval. Planning Dept. Exhibit ...`Water, Our Most Precious Resource ... 7( ryila.i Kane .. . The r)anartm,nt of Water Sl lnnI , is l "' Ms. EJ Leithead Todd, Planning Director Page 2 August 11, 2011 For your information, the existing 8 -inch waterline within Mamalahoa Highway is inadequate to provide a flow rate of 2,000 GPM for fire protection, as required per our Water System Standards for the proposed type of land use. In addition, the Department's existing storage facilities that serve the area are inadequate to provide the requisite volume of water needed for fire protection as required per our Water System Standards. We recommend that the applicant contact the Fire Department for any fire protection requirements or alternatives. Should there be any questions, please contact Mr. Finn McCall of our Water Resources and Planning Branch at 961 -8070, extension 255. Sincerely yours, Milto D. Pavao, P.E. Man r -Chief Engineer FM:dfg copy — Dr. Kevin Stuef, DDS Island Planning William P. Kenoi Mayor July 18, 2011 County of Hawaii POLICE DEPARTMENT 349 Kapi'olani Street • Hilo, Hawai`i 96720 -3998 (808) 935 -3311 • Fax (808) 961 -2389 Harry S. Kubojiri Police Chief Paul K. Ferreira Deputy Police Chief TO J LEIT EAi TODD, PLANNING DIRECTOR FROM �` L EALOHA JR., ASSISTANT CHIEF, AREA II OPERATIONS SUBJECT: Change of Zone Application (REZ 11- 000140) Applicant: Dr. Kevin Stuef Request: RS -15 to CV -10 Tax Map Key: 9 -5- 025:033 The above - referenced Change of Zone Application has been reviewed, and we have no comments or objections to offer at this time. Should you have any questions, please contact Captain Andrew Burian, Commander of the Ka'u District, at 939 -2520. RA:dmv RS110465 Planning Dept. Exhibit "Hawai`i County is an Equal Opportunity Provider and Employer" 072858 William P. Kenoi Mayor CCDUtCtp of ii9dblal`I HAWAI'I FIRE DEPARTMENT 25 Aupuni Street • Suite 2501 • Hilo, Hawaii 96720 (808) 932 -2900 • Fax (808) 932 -2928 July 14, 2011 TO: BJ LEITHEAD TODD, PLANNING DIRECTOR FROM: DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ 11- 000140) APPLICANT: DR. KEVIN STUEF REQUEST: RS -15 to CV -10 TAX MAP KEY: 9 -5- 025:033 Darryl J. Oliveira Fire Chief Glen P. I. Honda Deputy Fire Chief In regards to the above - mentioned Change of Zone application, the following shall be in accordance: Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. "2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b). Planning Dept. Exhibit Hamai'i County is an Equal Opportunity Provider and Employer. BJ Leithead Todd July 14, 2011 Page 2 "3. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire - fighting or rescue operations would not be impaired. "More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high -piled combustible storage, see Section 81.109. "(c) Width. The unobstructed width of a fire apparatus access road shall meet the requirements of the appropriate county jurisdiction. "(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. "EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. "(e) Permissible Modifications. Vertical clearances or widths required by this section may be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. "(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all - weather driving capabilities." (20 tons) "(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead -end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. "(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using designed live loading sufficient to carry the imposed loads of fire apparatus. "(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15 %) BJ Leithead Todd July 14, 2011 Page 3 "(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. "(1) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both." Water supply shall be in accordance with UFC Section 10.301(c): "(c) Water Supply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed, in accordance with the respective county water requirements. There shall be provided, when required by the chief, on -site fire hydrants and mains capable of supplying the required fire flow. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. "The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207. ARRYL OLIVEIRA Fire Chief GA:lpc William P. Kenoi Mayor William T. Takaba Managing Director Count of Chia � Frank J. DeMarco, P.E. Director Ivan 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 MEMORANDUM Date : July 18, 2011 To . BJ LEITHEAD TODD, Planning Director From: FRANK J. DE MARCO, P.E., Director Subject: Change of Zone Application (REZ 11- 000140) Applicant: Dr. Kevin Stuef Request: RS -15 to CV -10 TMK: 9 -5- 025:033 -)vk•Diilibi° The Wastewater Division has reviewed the subject application and offers the following recommendations (please note Solid Waste Division comments will be submitted separately): DEPARTMENT COMMENTS: WASTEWATER COMMENTS: (Contact Wastewater Division for details.) ( ) No comments ( ) Require connection of existing and /or proposed structures to the public sewer in accordance with Section 21 -5 of the Hawai'i County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21 -26.1 of the Hawai'i County Code. Complete 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. ( ) Check or line out as applicable: [ ] If required by the Director of the Department of Environmental Management ( "Director of DEM "), [ ] applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. (X) Other: _Property will NOT be serviced by the new Na'alehu Sewer Collection system. Planning Dept. Exhibit _. County of Hawai`i is an Equal Opportunity Provider and Employer. William P. Kenoi Mayor William T. Takaba Managing Director (iiintittv of c a of `t Frank J. DeMarco, P.E. Director Hunter Bishop Deputy Director 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.htm MEMORANDUM Date : July 13, 2011 To . BJ LEITHEAD TODD, Planning Director From : FRANK J. DE MARCO, P.E., Director Subject: Change of Zone Application (REZ 11- 000140) Applicant: Dr. Kevin Stuef Request: RS -15 to CV -10 TMK: 9 -5- 025:033 -avk- Peil#44 The Solid Waste Division has reviewed the subject application and offers the following recommendations (Please note Wastewater Division's comments will submitted separately): DEPARTMENT COMMENTS: ( ) Wastewater Division had no comment as this area is not a sewered and there are no immediate plans for sewering of the area. ( ) Other SOLID WASTE COMMENTS: (Contact Solid Waste Division for details.) ( ) No comments ( ) 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. ( ) Ample and equal room should be provided for rubbish and recycling. ( ) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. ( ) Construction and demolition waste is prohibited at all County Transfer Stations. ( ) Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( ) Other: County of Hawaii is an Equal Opportunity Provider and Employer. William P. Kenoi Mayor July 20, 2010 MEMORANDUM MffirP of rinsing anb enmmunifti prtrPlnpmPnf 50 Wailuku Drive • Hilo, Hawai`i 96720 • (808) 961 -8379 • Fax (808) 961 -8685 KONA: 74 -5044 Ane Keohokalole Highway • Kailua -Kona, Hawai`i 96740 (808) 323 -4305 • Fax(808)323 -4301 TO: Bobby -Jean Leithead Todd Planning Department FROM: phe J. Arnett Housing Administrator SUBJECT: Change of Zone Application (REZ 11- 000140) Applicant: Dr. Kevin Stuef Request: RS -15 to CV -10 Tax Map: (3) 9 -5- 025:033 The Office of Housing and Community Development has reviewed the application and determined that Affordable Housing Conditions are applicable to the subject request. However if additional residential uses are planned in the future, affordable housing requirements would be imposed at that time. Thank you for the opportunity to comment. G: /Planning /2070pasr.docx Planning Dept. Exhibit Stephen J. Arnett Blousing Administrator Niniau K. Simmons Assistant Housing Administrator SCANNE-6 �.. 072969 EQUAL HOUSING OPPORTUNITY "HAWAI'I COUNTY IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER" NEIL ABERCROMBIE GOVERNOR OF HAWAII STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION County of Hawaii Planning Department 101 Pauahi Street Suite 3 Hilo, Hawaii 96720 Attention: Ms. Phyllis Fujimoto Ladies and Gentlemen: POST OFFICE BOX 621 HONOLULU, HAWAII 96809 July 15, 2011 WILLIAM J. MLA, JR. CIIAIRPERSON BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT Subject: Change of Zone Application (REZ 11- 000140) 5' Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources' (DLNR) has no other comments to offer on the subject matter. Historic Preservation will be responding through a separate cover letter. Should you have any questions, please feel free to call our office at 587 -0433. Thank you. Sincerely, Charlene Unoki Assistant Administrator Manning Dept. Exhibit SCANNED 11 .� 2 c /01 = fay; V 72867 NEIL ABERCROMBIE GOVERNOR MEMORANDUM DATE: July 28, 2011 STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721 -0916 TO: Bobby Jean Leithead Todd Planning Director, County of Hawaii LORETTAJ. FUDDY, A.C.S.W., M.P.H. Director of Health FROM: Newton Inouye 4- Acting District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 11- 000140) Applicant: Dr. Kevin Stuef Request: RS -15 to CV -10 Tax Map Key: 9 -5- 025:033 Wastewater Branch (WWB) has no objection to the proposed project. Please have your engineer submit to WWB new wastewater plans (IWS) as proposed in the rezoning application. We recommend that you review all of the Standard Comments on our website: http: // hawaii .gov /health/environmental/ env - planning /landuse /landuse.html. Any comments specifically applicable to this project should be adhered to. The same website also features a Healthy Community Design Smart Growth Checklist (Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State Department of Health. The BEWG recommends that state and county planning departments, developers, planners, engineers and other interested parties apply the healthy built environment principles in the Checklist whenever they plan or review new developments or redevelopments projects. We also ask you to share this list with others to increase community awareness on healthy community design. WORD:REZ 11- 000140.my Planning Dept. Exhibit NEIL ABERCROMBIE GOVERNOR Ms. B.J. Leithead -Todd Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 -4224 Dear Ms. Leithead -Todd: STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813 -5097 August 16, 2011 GLENN M. OKIMOTO DIRECTOR Deputy Directors JADE T. BUTAY FORD N. FUCHIGAMI RANDY GRUNE JADINE URASAKI IN REPLY REFER TO: HWY -PS 2.9275 Subject: Change of Zone Application (REZ 11- 000140) Applicant: Dr. Kevin Stuef Request: RS -15 to CV -10 Tax Map Key: (3) 9 -5- 025:033 Address: 95 -5612 Mamalahoa Highway, Naalehu, Kau, Island of Hawaii Thank you for consulting us on the subject Change of Zone Application. We have no objections to the applicant's rezoning application from residential to commercial subject to the following conditions: 1. The applicant's access driveway Mamalahoa Highway shall be designed to current STATE of Hawaii and AASHTO Highway Design Standards and Specifications for commercial driveways. 2. Onsite parking spaces for the commercial establishment shall be located and designed in such a way to provide optimum traffic circulation within the property and to prevent vehicle backups onto Mamalahoa Highway. 3. Construction plans (prepared by an engineer licensed in the State of Hawaii) for the access driveway reconstruction and all work done within Mamalahoa Highway right -of -way must be submitted to us for review and approval. 4. No additional surface water runoff shall caused by this project be discharged onto Mamalahoa Highway. Planning Dept. Exhibit /0 AUG 1 8 2011 :y :073577 Ms. BJ Leithead -Todd HWY -PS Page 2 2.9275 August 16, 2011 4. Highway improvements required from this application shall be provided at no cost to the State. If you have any questions, please contact Ken Tatsuguchi, Head Planning Engineer, Highways Division Planning Branch at (808) 587 -1830. Very Truly Yours, GLENN M. OKIMOTO, Ph.D. Director of Transportation RStuefREZ.doc - 8/21/11 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION DR. KEVIN STUEF CHANGE OF ZONE APPLICATION (REZ 11 -140) Upon careful review of the request, the Planning Director recommends that a favorable recommendation of the request for a Change of Zone from Single - Family Residential 15.000 square feet (RS -15) to Village Commercial 10,000 square feet (CV -10) be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and /or alter this position based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant requests a Change of Zone from RS -15 to CV -10 to allow the establishment of a dental office in an existing single - family dwelling. The applicant has practiced dentistry in Na'alehu for approximately 30 years. The existing structure will remain intact, and the current floor plan will remain largely unchanged. Additional improvements include ADA access ramps, paved client parking and a widening of the entry driveway to meet commercial standards. The structure has had recent termite repairs, roof replacement, and updated electrical and plumbing system improvements. The total cost of the improvements is estimated at approximately $230,000. One dentist, a dental hygienist and three or four support staff are proposed for the practice. The applicant intends to relocate his dental office from its current location at the Ace Hardware property to the subject 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 be also considered as they may have an impact on similar areas in the County. The proposed request conforms to the goals, policies and standards of Land Use (Commercial) and Economic Elements of the General Plan. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The requested Village Commercial zoning is consistent with the Medium Density Urban designation on the LUPAG Map for this area of Na'alehu. Such designation may allow village commercial uses, including office uses. Commercial rezonings in the area include: • TMK: 9 -5 -24: 008, approximately 450 feet east of the property, Ordinance No. 07 98 effective June 25, 2007, from RS -7.5 to CV -7.5. • TMK: 9 -5 -24: 76, approximately 550 feet east of the property, Ordinance No. 90 131 effective October 20, 1990, from RS -7.5 to CV -7.5. • TMK: 9 -5 -24: 77, approximately 660 feet east of the property, Ordinance No. 90 129 effective October 20, 1990, from RS -7.5 to CV -7.5. • TMK: 9 -5 -25: 24, 28, 29, 30, approximately 70 feet to the southwest, Ordinance No. 96 55 effective May 10, 1996 from RS -15 to CV -7.5. • TMK: 9 -5 -8: por 1, approximately 75 feet to the northwest, Ordinance No. 90 11 effective February 13, 1990 from RS -15 to CV -10. Surrounding uses are a mix of residential and commercial uses zoned RS -15, CV- 10 and CV -7.5. Na'alehu Park is located across from the site and zoned Open. Properties on the northeast corner of Mamalahoa Highway and Na'alehu Spur Road (Ka'alaiki Road east of the Mamalahoa Highway) are zoned CV -7.5. Ace Hardware is located approximately 500 feet from the project site. The Ka`u Family Health Center is located to the east and zoned CV -10. Na'alehu School is located east of the Ka`u Family Health Center. The request is consistent with the proposed goals and objectives of the Ka`u Community Development Plan, which is currently in the development stage. The Steering Committee for the Ka`u CDP has adopted a number of proposed goals and objectives, and this request is consistent with the following: -2- • Enhances a longstanding locally -owned business and increases the number of skilled jobs. • The business will remain in the heart of Na` alehu, in very close proximity to its commercial core. • The renovation will restore and enhance a historic building. • The project preserves an important component of the community infrastructure — access to dental care. On July 22, 2011, the County Council adopted Resolution 60 11 (draft 2), to "temporarily delay council action on General Plan amendments and rezoning applications in the district of Ka`u until the Ka`u Community Development Plan is adopted by Ordinance, or until December 31, 2012, whichever [shall] occur first ". The subject application for a change of zone was accepted by the Planning Department on July 6, 2011, prior to the adoption of Resolution 60 11. However, the application was reviewed and complies with proposed goals and objectives developed by the Steering Committee of the Ka`u CDP. Access to the property is from Mamalahoa Highway (Highway 11), a state -owned highway under the jurisdiction of the Department. According to the Department of Water Supply, County water is available from an existing 8 -inch waterline within Mamalahoa Highway. The County police station is located less than two miles from the property. Ka'u Hospital is located approximately thirteen miles from the site. All utilities are available to the property. The request would complement a policy of the General Plan in which "Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems....." The Flood Insurance Rate Maps (FIRM) indicate that the area is located in Zone "X," areas determined to be outside of the 500 -year flood plain. There are no significant drainage ways that adversely affect the project site. While there are no indications of surface water flow on -site, the applicant will be required to abide by all applicable County guidelines for run -off that may be generated by the project. The entire site has been grubbed and graded as a dwelling site, and was the former site of the Na'alehu Fire Station. Given the scope of work previously conducted on the -3- site, the presence of any known rare, threatened, or endangered floral and fauna species is remote. Likewise, the existence of archaeological sites within the property is unlikely. By letter dated January 19, 2011, the applicant has requested a letter of "no effect" from the State Department of Land and Natural Resources Historic Preservation Division. The Planning Department has not received any comments from the SHPD as of this writing. Based on the above findings, the request to reclassify the property from a Single - Family Residential 15,000 square feet (RS -15) to a Village Commercial 10,000 square feet (CV -10) district would result in a more appropriate land use pattern that will further the public necessity and convenience and the general welfare, and be consistent with the goals, policies and standards of the General Plan. The accompanying draft bill to amend Section 25 -8 -30 (Na'alehu Zone Map), Article 8, Chapter 25 (Zoning Code) is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. p CSteufREZ.doc - 8/21/11 DR. KEVIN STUEF CHANGE OF ZONE APPLICATION (REZ 11 -140) CONDITIONS OF APPROVAL A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Plans for conversion of the single- family dwelling shall be submitted for Plan Approval from the Planning Director within one (1) year from the effective date of this ordinance. Plans shall identify fire protection measures, access roadway, driveway and paved parking stalls. The applicant shall provide landscaping in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements), Chapter 25 (Zoning Code), Hawaii County Code. C. The commercial development shall utilize the existing dwelling. Renovations and improvements which are generally consistent with the current appearance of the existing home shall be allowed. D. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the estimated maximum daily water usage calculations, prepared by a professional engineer licensed in the State of Hawai`i, and a water commitment deposit in accordance with the "Water Commitment Guidelines Policy" to the Department of Water Supply within ninety (90) days from the effective date of this ordinance. E. Access to the property from the Mamalahoa Highway (Highway 11) shall meet with the approval of the Department of Transportation. F. The method of sewage disposal shall meet with the requirements of the Department of Health. G. All development - generated runoff shall be disposed of on -site and shall not be directed toward any adjacent properties. H. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. I. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources - Historic Preservation Division (DLNR -HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR- HPD when it finds that sufficient mitigation measures have been taken. J. If the applicant, successors or assigns develop residential units on the property, the applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval. The fair share contribution for each lot shall be based on the actual number of residential units developed. The fair share contribution in the form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of $7,903.35 per multiple family residential unit ($12,316.47 per single family residential unit). The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple family residential unit (single family residential unit) shall be allocated as follows: 1. $3,898.50 per multiple family residential unit ($5,939.22 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. $123.21 per multiple family residential unit ($286.51 per single family residential unit) to the County to support police facilities; 3. $379.01 per multiple family residential unit ($565.89 per single family residential unit) to the County to support fire facilities; 4. $168.93 per multiple family residential unit ($247.75 per single family residential unit) to the County to support solid waste facilities; and 5. $3,333.69 per multiple family residential unit ($5.277.10 per single family residential unit) to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvements /facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. K. To ensure that the goals and policies of the Housing Element of the General Plan are implemented, if required, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawai`i County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to Final Plan Approval. L. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. M. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. N. 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, 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 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 Planning Director may initiate rezoning of the subject area to its original or more appropriate designation. (ot t-ri Z38) NOl1VJl7dd V 3NOZ 3O 39NVHJ ll L99 na0 E O. 5L alttoo LIOZ C_ aQol'Jlell��O G t0� c1 areutj r6 a_ L.9 ro N N L9 KAA NKS 420 c� f 4 sPvRRv .sapaAoE AIeW!XOJdde aoj niple,eN ui AJs!up poJ!peJd set luppHddp ail -axis prqns aLn o4 Aodod JEMPJBH any aLn. le uo4pDoi luaaan» ski uaoa4 apy4o ILIP sib alepolaa O. spualui luppiidde ail •6u!IIMp A!waj.-o6uis 6u!s!xo ue ui apijjo ie }uap e jo luawLisqqelsa aye mop, o� 0I-AD ol Sz -S2{ woa4 auoz }o 6ueij y :6up,sanbaa si lueoHdde qj Jrt I r • t l# ICn'H.{ - AtuviLi6114 t:ctuic ash •• , ION .5J t M ;T= T1..0' .4 ueid s4ueJ!IddV suoiIipuoj �iM uop.bpuauauaopad algbaonbd