Loading...
HomeMy WebLinkAboutCOM 0491.000 2010-2012William P. Kenoi Mayor County of Hawai `i 25 Aupuni Street • Hilo, Hawaii 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 November 23, 2011 William T. Takaba Managing Director Wally Lau Deputy Managing Director Honorable Dominic Yagong, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street n Hilo, HI 96720 m `p M-- Dear Chairman Yagong and Members: Ahange of Zone Application (REZ 11-000144) �. Applicant: Diane Uyeda and Garret Sasaki =° Request: Open to MCX-20 Tax Map Key: 2-2-035:070 Change of Zone Application (REZ 11-000142) Applicant: Sonomura Rentals Request: A -3a to FA -la Tax Map Key: 2-2-048:10, 120-123 As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Windward Planning Commission's letters and enclosures regarding the above -referenced requests. erely, William P. enoi Mayor Enclosures cc: Planning Department ( 5 1'11 ' _55) Hawaii Count} is an Equal Opportunity Provider and Employer Comm. No.� T� Ref. To. Ref. Date NOV 2 201 County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax (808) 961-8742 of 2 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 11-000144) Applicant: Diane Uyeda and Garret Sasaki Request: Open to MCX-20 Tax Map Key 2-2-035:070 The Windward Planning Commission, after a duly held public hearing on November 3, 2011, voted to recommend for your approval the proposed legislative bill for a Change of Zone from an Open (0) to an Industrial -Commercial Mixed (MCX-20) district for approximately 19,369 square feet of land. The property is located on the east side of Kanoelehua Avenue, approximately 200 feet south of the Kanoelehua Avenue-Hualani Street intersection, Waiakea House Lots, Waiakea, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicants request a change of zone from Open (0) to the Industrial - Commercial Mixed (MCX-20) district to construct a one-story, 8,000 square foot warehouse/office building with the required number of parking stalls and a loading zone. Plans for Plan Approval and construction permits will be submitted within a year or two after receipt of rezoning approval. The applicants own Carpet Isle Flooring America located in close proximity to the property and may utilize the proposed building for its operation. Hawai `i County is an Equal Opportunity Provider and Employer The Honorable Dominic Yagong, Chairman and Members of the County Council Page 2 In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from an Open (0) to an Industrial -Commercial Mixed Use (MCX-20) zoned district 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. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. 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, sewers and transportation systems. The proposed project also conforms to the Land Use - Industrial sub -element which states that "Industrial development shall be located in areas adequately served by transportation, utilities and other amenities." 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 Industrial on the LUPAG map. This industrial designation includes uses such as manufacturing and processing, wholesaling, large storage and transportation facilities and light industrial uses. The MCX zoning would be consistent with the Industrial designation on the LUPAG map for this area of Hilo. The applicants propose a mix of light industrial and commercial uses which would be suitable in this area. The Honorable Dominic Yagong, Chairman and Members of the County Council Page 3 The State Land Use designation for the subject property is Urban. The Hilo Community Development Plan (CDP), adopted in 1975, suggests the retention of residential uses in this area. However, this area is transitioning to commercial and light industrial uses. The advantage of this area is its location in close proximity to water, air transportation terminals, harbor facilities and the residential population of Hilo. The proposed change of zone would complement the existing industrial and commercial land uses that already exist in this area and will provide for an orderly development of the area. The MCX zoning designation was created when the Zoning Code was amended in 1996. In accordance with Section 25-5-130, Hawaii County Zoning Code, this district would allow a mix of light industrial and commercial uses. The intent is to provide for areas of diversified businesses and employment opportunities by permitting a broad range of uses, without exposing non -industrial uses to unsafe and unhealthy environments. The property is a rectangular shaped approximately 19,369 -square foot parcel with frontage along Kanoelehua Avenue (Highway 11). Three single-family dwellings are currently being rented on the site. These structures were constructed in the 1940's and 1950's prior to the property being designated Open on the Hilo Zone Map. The three structures will be demolished to accommodate the proposed new building. There is a wire fence along the property boundary and the State's airport property. Land uses in the immediate area are a mix of residential, commercial and industrial uses. Hilo International Airport is zoned ML -20 and located east of the property. Commercial and/or industrial uses nearby include warehousing, aviation related uses, and office buildings. The property to the north is zoned Open and improved with a single-family dwelling. Further north are properties zoned ML -10 (TMK: 2-2-35: 72), site of Hawaii Forklift rezoned in 1987, and MCX-10 (TMK: 2-2-35: 73), site of a used car dealership rezoned in 2004. The adjacent property to the south was rezoned ML -20 in 1972 and is the site of an industrial building occupied by an electrical contractor. Further south are properties zoned Open. Lands to the west across Kanoelehua Avenue are zoned ML -10, ML -20, RS -10 and MCX-20. All utilities and services are available to the site. Access to the project site is proposed from Kanoelehua Avenue, under the jurisdiction of the State Department of Transportation. Kanoelehua Avenue is a six -lane divided roadway at this section of the highway. Because of the divided highway, access to and from the site will be limited to right -turn in, right -turn out. Along this section of Kanoelehua Avenue, the right-of-way is 120 feet with 30 -foot wide pavements within each travelway. Although curb, gutters The Honorable Dominic Yagong, Chairman and Members of the County Council Page 4 and sidewalks were installed on the western frontage of lots fronting Kanoelehua Avenue opposite the project site, there are no sidewalks along the eastern section of Kanoelehua Avenue. While curbs, gutters and sidewalks are typical of MCX zoned districts, in this particular instance, all lands to the north and south are under control of the airport, and there are no sidewalks proximate to the site. While this area is transitioning to a mix of industrial and commercial uses, it is basically isolated and not conducive to pedestrian movements. Therefore, it is not recommended that the curb, gutter and sidewalk improvements be required as a condition of approval for this particular rezoning request. County water is available to the site. The applicants propose to use an individual wastewater treatment system meeting the requirements of the Department of Health. However, a sewer system is planned for this area, and the landowner will be required to connect to this system upon its completion. Solid waste will be handled by commercial haulers. If required, a Solid Waste Management Plan will be prepared. Electricity and telephone services are available to the site. 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. By letter dated June 30, 2011, the applicants have requested a "no effect" letter from the DLNR-HPD. The DLNR-HPD has not responded as of this writing. No professional flora or fauna surveys were conducted, as the property has been improved with three single-family dwellings. The applicants do not believe that rare or endangered floral or faunal resources are on the site. The property is located in an urban setting adjacent to the airport and aviation related uses. Plants on the property and vicinity are introduced landscaping. The subject request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is located less than one mile from the shoreline but will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. According to the applicants, 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. The Honorable Dominic Yagong, Chairman and Members of the County Council Page 5 Based on the above findings, approval of this change of zone request from Open (0) to an Industrial -Commercial Mixed (MCX-20) zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. This favorable recommendation is made with the understanding that the applicant(s) remains responsible for complying with all other applicable governmental requirements in connection with the approved use, prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this favorable recommendation; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. For your favorable consideration, an amendment to the Section 25-8-33 (City of Hilo Zone Map), Chapter 25 (Zoning Code) of the Hawaii County Code is transmitted. We are enclosing copies of the staff Background, Planning Director's Recommendation, State Department of Transportation comments dated October 11, 2011, and the Powerpoint presentation for your information. Sincerely, Zendo Kern, Chairman Windward Planning Commission Luyeda&sasakirez 11-000144#2 Enclosures cc: Mr. Norman K. Hayashi Diane Uyeda and Garret Sasaki Department of Public Works Department of Water Supply Department of Land & Natural Resources -HPD DOT -Highways, Honolulu Amy Self, Esq., Corporation Counsel Bill 155/Comm. 491 BUyedaREZ.doc-10/20/11 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT DIANE UYEDA and GARRET.SASAKI CHANGE OF ZONE APPLICATION (REZ 11-000144) DIANE UYEDA and GARRET SASAKI have submitted an application for a Change of Zone by changing the district classification from Open (0) to an Industrial -Commercial Mixed (MCX-20) district for approximately 19,369 square feet of land. The property is located on the east side of Kanoelehua Avenue, approximately 200 feet south of the Kanoelehua Avenue - Hualani Street intersection, Waiakea House Lots, Waiakea, South Hilo, Hawaii, TMK: 2-2-35: 70. REQUEST 1. Proposed Action: Change of zone from Open (0) to the Industrial -Commercial Mixed (MCX-20) district to construct a one-story, 8,000 square -foot warehouse/office building with the required number of parking stalls and a loading zone. The applicants intend to submit plans for Plan Approval and construction permits within a year or two after receipt of rezoning approval. The applicants own Carpet Isle Flooring America located in close proximity to the property and may utilize the proposed building for its operation. (Planning Department Exhibit 1 - Change of Zone application) STATE AND COUNTY PLANS 2. State Land Use Designation: Urban. 3. General Plan LUPAG Map: Industrial. 4. County Zoning: Open. 5. Hilo Community Development Plan: Open. 6. Special Management Area: The project site is not located in the SMA. DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA 7. Subject Property: The property is a rectangular shaped approximately 19,369 -square foot parcel with frontage along Kanoelehua Avenue (Highway 11). Three single-family dwellings are currently being rented on the site. These structures were constructed in the -1- 1940's and 1950's prior to the property being designated Open on the Hilo Zone Map. The three structures will be demolished to accommodate the proposed new building. There is a wire fence along the property boundary and the State's airport property. 8. Surrounding Zoning and Land Uses: Land uses in the immediate area are a mix of commercial and industrial uses. Hilo International Airport is zoned ML -20 and located east of the property. Commercial and/or industrial uses nearby include warehousing, aviation related uses, and office buildings. The property to the north is zoned Open and improved with a single-family dwelling. Further north are properties zoned ML -10 (TMK: 2-2-35: 72), site of Hawaii Forklift rezoned in 1987, and MCX-10 (TMK: 2-2- 35: 73), site of a used car dealership rezoned in 2004. The adjacent property to the south was rezoned ML -20 in 1972 and is the site of an industrial building occupied by an electrical contractor. Further south are properties zoned Open. Lands to the west across Kanoelehua Avenue are zoned ML -10, ML -20, RS -10 and MCX-20. 9. U.S.D.A. Soil Type: Keaukaha extremely stony muck, 6 to 20 percent slopes (rKFD). The Keaukaha Series consists of well drained, thin organic soils over pahoehoe lava bedrock. 10. Land Study Bureau's Productivity Rating: Urban. 11. Noise Impacts: Existing ambient noise includes airport/aviation use, traffic, wind, foliage, and birds. Short-term noise impacts associated with the project are temporary, and all applicable State rules governing construction noise abatement will be observed. 12. Air Quality: The proposed project should not directly impact air quality in the area. Fugitive dust during construction can be mitigated by compliance with the Department of Health's regulations. The only impact to air quality would be associated with vehicular traffic to and from the site. 13. FIRM: Zone "X", an area outside of the 500 -year flood plain. 14. Coastal Hazards: The property is located over one mile from the shoreline, is not an oceanfront parcel, and will not affect, or be affected by shoreline processes. 15. Recreational Resources: The proposed development will not reduce the size of the coastline or other areas used for public recreational uses. -2- 16. Visual Resources: The proposed project will not affect the line -of -sight toward the ocean. 17. Flora/Fauna: No professional surveys were conducted of the site as the property is improved with three single-family dwellings. The applicant does not believe that rare or endangered floral or faunal resources are on the site. Plants on the property and vicinity are introduced landscaping. 18. Archaeological/Historical Resources: By letter dated June 30, 2011, the applicant requested a "no effect" letter from the DLNR-HPD. 19. 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. 20. Public Access: None that traverses the property. PUBLIC UTILITIES AND SERVICES 21. Access: Access to the project site is from Kanoelehua Avenue, a State-owned, six -lane divided highway at this section of the highway. Because of the divided highway; access to and from the site will be limited to right -turn in, right -turn out. Along this section of Kanoelehua Avenue, the right-of-way is 120 feet with 30 -foot wide pavements within each travelway. Although curb, gutters and sidewalks were installed on the western side of Kanoelehua Avenue, there are no sidewalks along the eastern section of Kanoelehua Avenue. 22. Water: County water is available to the site. 23. Wastewater: An individual wastewater treatment system is proposed, meeting the requirements of the Department of Health. 24. Solid Waste: Solid waste will be disposed at the Hilo transfer station or handled by a commercial operator. If required, a Solid Waste Management Plan will be prepared. 25. Utilities and Services: All essential utilities are available to the site. AGENCIES' AND ORGANIZATIONS' COMMENTS 26. Department of Public Works: (P. D. Exhibit 2 - September 30, 2011 memo) 27. Department of Water Supply: (P.D. Exhibit 3 - October 18, 2011 memo) -3- 28. Police Department: (P.D. Exhibit 4 - September 26, 2011 letter) 29. Fire Department: (P.D. Exhibit 5 - September 12, 2011 letter) 30. Department of Environmental Management: (P.D. Exhibit 6 - September 15, 2011 memo) 31. Department of Health: (P.D. Exhibit 7 - September 16, 2011 memo) 32. DLNR Land Division: (P.D. Exhibit 8 - October 5, 2011 memo/attachments) AGENCIES - NO RESPONSE 33. Civil Defense Agency, DLNR Historic Preservation Division, Department of Transportation PUBLIC COMMENTS 34. P.D. Exhibit 9 - September 8, 2011 letter from William V. Brilhante, and applicants' response letter dated September 15, 2011. -4- APPLICATION FOR CHANGE OF ZONE APPLICANTS: DIANE UYEDA & GARRET SASAKI Open (0) to MCX-20 Waiakea House Lots, Waiakea, South Hilo, Hawaii Tax Map Key: (3) 2-2-35:70 Prepared by Norman K. Hayashi LLC August 2011 Planning Dept. Exhibit / 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? No If yes, please answer the rest of question I and then to question 3. a. How many acres of the requested area do you intend to subdivide? b. Into what lot sizes? C. if your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you nave no firm plans of subdividing the subject area, 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? Cl- Keep it? X e. other (please state) f. If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. N/A 3. What specific building plans do you have for the subject land? Include in your answer the following: type of building (apartment, office, launderette, etc.); financing arrangement; timetable for construction; and any other information which you feel might help us in evaluating your request. Preliminary plans for a warehouse/office building. Refer to CER. 4. Have you performed any study which would demonstrate a need for your proposed building and/or development? No if so, please elaborate on your findings in the space provided below. -2- 5- Have you performed any study which discusses the environmental impacts your request would nave on the surrounding area and/or the County? CER If so, please elaborate on your findings in the space provided below. 6. Are there any buildings on the subject area? Yes If so, what kind? 3 old single family dwellings What do you intend to do with those buildings if your request is approved? Remove them 7- Is the subject land currently being used for any agricultural activity? No if so, please list the kinds of products grown on and how many square feet or acres of land per product? -3- 8 To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. 9. Do you think that the roads leading to the subject area needs improvement? No If so, what kind? Is the road adequate for the proposed traffic volume or load? Yes 10. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? a. Schools b. Roads C . Sewer d. Drainage e. Police Protection f. Fire Protection 9. Recreational Facilities h. Recreational Facilities i. -4- yes 111-1-61 X 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 done since the property has been in residential use for many years Signature:d (¢ Address: 424 Kanoelehua Avenue Hilo, HI 96720 Telephone: (808)935-0047 Date: 8/29/11 -5- 6338A/50A P. D. 5/84 CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANTS: DIANE UYEDA AND G T SASAKI APPLICANTS' SIGNATURES: r DATE:8/29/11 ADDRESS: c% Carpet Isle Flooring America 424 Kanoelehua Avenue Hilo Hawaii 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.)(808) 935-0047 (Fax) (808) 935-3229 LANDOWNER(S): Diane Uveda Trust LANDOWNER SIGNATURE(S): DATE: F1 $1 11 (May be by letter) LANDOWNER(S) ADDRESS: (Same as above) REQUEST: Open (0) TO MCX - 20 (Existing zoning) (Proposed Zoning) TAX MAP KEY:2-2-35:70 STREET ADDRESS OF PROPERTY:553 Kanoelehua Avenue, Hilo, HI SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 19,3 69 sa. ft. AGENT:Norman K. Hayashi ADDRESS: Norman K. Ha ashi LLC 563 W. Kawailani Street Hilo HI 96720 TELEPHONE:(Cell.)_(808) 895-0120 s.)(808) 959-7838 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Norman Hayashi COPIES: Applicants CHANGE OF ZONE APPLICATION APPLICANTS: DIANE UYEDA AND GARRET SASAKI BACKGROUND AND COUNTY ENVIRONMENTAL REPORT Open to MCX-20 Waiakea House Lots, Waiakea, South Hilo, Hawaii TMK: 2-2-35:70 I. INTRODUCTION Diane Uyeda and Garret Sasaki ("Applicants") are seeking a Change of Zone for 19,369 square feet of land from an Open (0) to an Industrial — Commercial Mixed 20,000 square feet (MCX-20) district. II. LANDOWNER The Property is owned by Diane Uyeda Trust whose mailing address is 424 Kanoelehua Avenue, Hilo, Hawaii 96720. III. PROJECT LOCATION The property is a rectangular -shaped lot located along the east side of Kanoelehua Avenue, approximately 200 feet south of the Kanoelehua Avenue — Hualani Street intersection, Waiakea House Lots, Waiakea, South Hilo, Hawaii, Tax Map Key: 2-2-35:70. The physical street address is 553 Kanoelehua Avenue. IV. PROJECT DESCRIPTION The Applicants propose to construct a one-story 8,000± square feet warehouse/office building with the required number of parking stalls and a loading zone. The Applicants own Carpet Isle Flooring America located in close proximity to the subject property and may also utilize this proposed building for its operation. Access will be from Kanolehua Avenue. The Applicants will comply with all land use and development code requirements relative to parking, drainage, landscaping, building setbacks, driveway access, fire and ADA requirements, etc. V. CONTRUCTION TIMETABLE The Applicants intend to submit plans for Plan Approval and construction permits within a year or two after receipt of rezoning approval. VI. LAND USE DESIGNATIONS A. County General Plan The General Plan Land Use Pattern Allocation Guide ("LUPAG") map designation for the property is Industrial. Industrial -designated areas include uses such as manufacturing and processing, wholesaling, large storage and transportation facilities, light industrial and industrial -commercial uses. The MCX zoning is consistent with the LUPAG Map designation of Industrial. The requested zone change is also consistent with the following goals and policies of the General Plan: • Zone urban type uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Promote and encourage the rehabilitation and use of urban areas that are serviced by basic community facilities and utilities. • Allocate appropriate zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Industrial -commercial mixed use districts shall be provided in appropriated locations (in the City of Hilo). 2 • Locate industrial (industrial -commercial) areas convenient to transportation facilities, and provide a variety of zoned districts and lot sizes, depending on the needs of the industries and the communities. • Industrial (industrial -commercial development shall be located in areas adequately served by transportation, utilities, and other essential infrastructure. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. • Achieve a broader diversification of local industries by providing opportunities for new industries and strengthening existing industries. • Provide residents with opportunities to improve their quality of life through economic development. • Strive for diversity and stability in the economic system. • Provide an economic environment that allows new, expanded, or improved economic opportunities. • Strive for an economy that provides its residents an opportunity for choice of occupation. • Strive for diversification of the economy by strengthening existing industries and attracting new endeavors. B. State Land Use The property is situated within the State Land Use Urban district. C. Hilo Community Development Plan The Hilo CDP was adopted as Planning Commission Resolution No. 1 in 1975, which is over 35 years ago. The CPD was intended to further define the General Plan for the area back then and provide short- and middle- range implementation strategies of the General Plan. Since the adoption of the Hilo CDP, however, there have been significant developments in the City of Hilo, one of which is the transition of the Waiakea House Lots area from a residential to a mixed industrial -commercial area. This land use change is reflected on the current General Plan LUPAG map. These developments rendered many of the land use concepts articulated in the CDP as being outdated. While the CDP designates the area for Open to reflect the Open zoning, it is inconsistent with the General Plan land use designation and zoning actions taken during the last three decades or more. The current General Plan land use designation of Industrial is a more accurate depiction of the land use pattern for this section of the Waiakea House Lots area; thus rendering the CDP's Open designation for the area obsolete. Ad j acent CDP Open -designated lands along the east side of Kanoelehua Avenue have since been rezoned to Limited Industrial and/or Mixed Industrial -Commercial designations (TMK: 2-2-35:69, 72 and 73). D. County Zoning The zoning designation for the property is Open (0). However, over the last three decades, various rezonings in the area to industrial -commercial mixed uses or industrial uses have been approved by the County Council. In reviewing these previous and recent rezoning actions, it is obvious that this section of the Waiakea House Lots area has transitioned into industrial and industrial -commercial mixes uses. Including the subject property, there are only three privately owned lots along the eastern section of Kanoelehua Avenue that are still Open. Therefore, this request would be consistent with the current land use pattern of the area. 0 The maximum structural height limit within the MCX district is forty-five feet. The proposed structure will be constructed well below this height limit. E. Special Management Area The property is not located in the Special Management Area (SMA), as such; no SMA Use Permit is required. F. Hawaii Coastal Zone Management Program The objectives of the Hawaii Coastal Zone Management (CZM) Program are outlined in Chapter 205A, Hawaii Revised Statutes. The principal goal is to assure the protection and maintenance of the State's coastal resources. Although the entire State falls within the CZM area, the permitting process is geared for those areas proximate to the coast and identified by the County as the Special Management Area. The proposed project will not have any substantial adverse environmental or ecological effect. VII. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING A. Project site As stated earlier, the property is a rectangular shaped 19,369 - square foot lot with frontage along Kanoelehua Avenue of approximately 100 feet and a depth of approximately 176 to 210 feet. There are three old single family dwellings on the property that are currently rented to tenants. These structures were constructed during the 1940s and 1950s prior to the designation of the land to an Open (0) designation on the Hilo Zoning Map. These structures will be demolished to accommodate the construction of the proposed building. A wire fence has been erected along the boundary of the property and the State's airport property. 5 B. Surrounding properties The Waiakea House Lots area has transitioned from residential to industrial and commercial uses over the past three decades. Lands along the east and west sides of Kanoelehua Avenue in the vicinity of the subject property have been rezoned to Limited Industrial (ML) or Industrial -Commercial Mixed (MCX) districts. The adjacent land to the south along the east side of Kanolehua Avenue was rezoned from Open (0) to ML - 20 in 1972 and an industrial building occupied by an electrical contractor was constructed. There is a single-family dwelling on the adjacent property to the north which is zoned Open. One lot north of the subject property, which is the site of Hawaii Forklift, was also rezoned from Open to ML -20 in 1987. In 2004, the lot at the northern corner of Kanoelehua Avenue and Hualani Street was rezoned from Open to MCX-10. A car dealership is currently occupying that property. Numerous properties along the west side of Kanoelehua Avenue have been rezoned to either ML or MCX and are developed for industrial and/or industrial/commercial mixed uses. The Hilo International Airport property located east and northeast of the subject property is also zoned industrial. C. Climate, Soil and Topography The annual median rainfall for this area ranges is about 130 inches. Wind patterns are generally easterly during the day and westerly during the evenings. The property is level as it has been used for residential purposes for many years. The U.S.D.A. Natural Resource Conservation Service's Soil Survey of the Island of Hawaii classifies the soil of the property as Keaukaha Series (rKFD), which consists of well -drained, thin organic soils overlying pahoehoe lava bedrock. This surface layer is about eight inches thick. The soil above the lava is very slowly permeable, but water moves rapidly through the cracks. Runoff is medium and the erosion hazard is slight. X D. Natural Hazards 1. Drainage The Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) identifies the project area as Zone "X" (areas outside of the 500 -year flood plain). The proposed rezoning of the property will not alter or affect the existing drainage improvements of the area. 2. Volcanic, Earthquake and Tsunami Hazards According to the United States Geological Survey maps, the property is located within Lava Flow Hazard Zone 3, on a scale of ascending risks 9 to 1. The entire City of Hilo falls in the Zone 3 category. The Building Code designates the entire island of Hawaii as Earthquake Zone 4 and contains certain structural requirements to address the relative seismic hazard. 3. Flora and Fauna The property is an improved lot with three existing single family dwellings. No professional flora or fauna study was conducted of the property since it has been used for residential purpose for many years. Due to the developed state of the property and its immediate surroundings, no rare or endangered floral or faunal resources are likely to be found within or proximate to the site. Plant species found on the property and within the surrounding vicinity are introduced landscaping. Due to the long-term residential use of the property and surrounding lands, no endangered or threatened candidate species of flora or fauna were found. The area is not identified as a significant botanical or biological habitat. Due to the established surrounding urban uses, it is highly unlikely that the area would serve as a habitat for rare or endangered animal species. 7 4. Flood Hazards The Federal Emergency Management Agency (FEMA) designates the project site as Zone "X", areas outside the 500 -year flood plain. 5. Noise, Air Quality and Dust Generally, air quality is affected by regional and local climates as well as the amount and type of human activity in a given location. No large, stationery sources of air pollutants and no major industries are located within the project area. Air quality in the vicinity is most affected by emissions from natural and vehicular sources. Existing ambient noise in this area includes the traffic on Kanoelehua Avenue as well as from aircraft landing and taking off from the Hilo International Airport. Given the existing ambient noise and existing urban environment, the proposed request would not have a significant noise impact to surrounding properties. 6. Water and Coastal Resources Since the property is located away from the coastline, there will be no coastal impacts resulting from discharge or drainage systems from the site. The Applicants will install a drainage system on the property that meets with the approval of the Department of Public Works. 7. Scenic and Visual Consideration In the Natural Beauty element of the General Plan, there are sites or areas listed as scenic resources. The property is not listed as a scenic resource. 8. Cultural Resources In view of the Hawaii State Supreme Court's "PASH" and Ka Pa'akai 0 Ka'Aina decisions, the issue relative to Native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated tradition and customary practices on this site. In this situation, the property is not adjacent and/or proximate to the shoreline; as such, native gathering rights and coastal access is not an issue. The property is not listed on the Federal and State Register of Historic Sites or identified as a historic site in the County of Hawaii General Plan Historical Element. Since the site was previously developed for single-family use, there are no observable traditional and customary native Hawaiian practices being exercised on the property. As no valued cultural, historical or natural resources and no traditional and customary native Hawaiian rights were found or are practiced on the site, these rights will not be affected or impaired by the proposed use. There is no feasible action to be taken other than to require that if in the future, any valued cultural, historical, natural resources and/or traditional and customary native Hawaiian rights are discovered on the project site, the Applicants will report the discovery to the State of Hawaii, Department of Land and Natural Resources, Historic Preservation Division. 9. Historic and Archaeological Resources Most historic sites in South Hilo have been destroyed by agriculture, urban growth, and natural changes in land forms. As stated earlier, the property is not among those listed as historic in the Hawaii State Register of Historic Places and has not been determined to be eligible for inclusion in the National Register of Historic Places. The property is also not profiled as a significant cultural 0 and/or historic site in the General Plan. By letter dated June 30, 2011, the Applicant requested a letter of "no effect" from the State Department of Land and Natural Resources Historic Preservation Division (DLNR-HPD). E. INFRASTRUCTURE 1. Road Access to the property will be from Kanoelehua Avenue, which is a 6 -lane divided highway at this section of the highway. The 3 -lane travelway fronting the property and heading north includes a dedicated turning lane from the airport road to Hualani Street. Kanoelehua Avenue has a right-of-way of 120 feet with 30 -foot wide pavements within each travelway. Curbs, gutters and sidewalks were installed by the State along the western frontage of lots along Kanoelehua Avenue some years ago. There are no gutters and sidewalk along properties fronting this section of the eastern side of Kanoelehua Avenue. There is an existing concrete curb along the frontage of the property. Because of the divided highway, access to and from the property is limited to right -turn in and right -turn out. There is a road reserve along the back portion of the property which is owned by the State of Hawaii. However, this roadway lot has been fenced off from the properties along Kanoelehua Avenue and was incorporated into the airport property. 2. Utilities Essential utilities such as telephone and electrical services are currently available to the property. Cable service can also be made available to the property. 10 3. Water In a verbal conversation with employees of the Department of Water Supply Engineering Division, County water is available from a water line along Kanoelehua Avenue. Fire hydrants are provided fronting the adjacent property to the south and along the western side of Kanoelehua Avenue. 4. Solid Waste Solid waste is hauled to the Hilo transfer station individually or by a commercial operator. There is no municipal pick up service provided within the County of Hawaii. If required by the County Department of Environmental Management, the Applicants will prepare a Solid Waste Management Plan. 5. Sewage Disposal Sewage disposal for the existing dwellings are provided by cesspools. No municipal sewer system serves the lots along Kanoelehua Avenue. Individual wastewater treatment system will be provided for the proposed development. According to a previous memorandum from the State Department of Health in commenting on a previous rezoning application, a septic system is allowed provided that the wastewater flow does not exceed 1,000 gallons per day. The proposed development is not anticipated to exceed that amount. The Applicants will comply with the requirements of the Department of Health. 6. Police and Fire Protection Police and fire services are available in close proximity to the property. As stated earlier, fire hydrants are located at the northern frontage of the property and also across the highway. 11 7. Airport The property abuts the Hilo International Airport property. According to a prior communication for the adjacent property which was rezoned in the early 1970s, The State Department of Transportation (DOT), Airports Division commented that it had no objection to the rezoning of that property from Open to Light Industrial. The letter also stated that light industrial is compatible to the airport operations provided the height limitations for buildings and structures are strictly met. For a similar rezoning request in 2004 (Janice Oshiro), the State Department of Transportation commented that the maximum height of buildings must not exceed 100 feet mean sea level (MSL). The DOT also requested that that landowner grant an avigation and noise easement to the Airports Division. If a similar request is made for this rezoning, the Applicants are willing to provide such an easement. 8. Harbor The State Harbor facility, which is located along Kalanianaole Avenue, is in close proximity to the subject property. F. Environmental Assessment and Analysis 1. Relationship between local short-term uses of environment and maintenance and enhancement of long-term productivity The short-term use of the property would be for its continual residential use. The dwellings are fairly aged and renovations and/or reconstruction of the dwellings would not be permitted under the current Open zoning. The long-term productivity of the property would transition into an industrial -commercial use should the property be rezoned to a MCX zoning. The proposed rezoning for its intended industrial -commercial purposes 12 would not result in any significant adverse short or long- term impacts that cannot be properly mitigated or rectified. This proposed facility would be accessible to the airport and harbor facilities and would provide services that are accessible to the surrounding properties and businesses. The requested change of zone for its intended purpose would allow a more productive use of the property which would be consistent with the land use of this section of the City of Hilo. 2. Mitigative measures proposed to avoid, minimize, rectify or reduce impact Significant adverse effects relating to the requested change of zone and proposed use have not been identified. However, impacts resulting from the proposed change of zone are expected to be minimal. Any potential impacts can be mitigated by complying with all applicable code requirements. As presented earlier, the Applicants will comply with requirements of the DOT Airports Division and the State Department of Health. 3. Alternative to the proposed project Should the current Open zoning be retained, no further improvements can be allowed on the property. Furthermore, the existing dwellings would not be able to be renovated under the Open zoning. If the property remains in it current zoning and non- conforming residential use, the property would not be utilized to its highest and best use (industrial/commercial) as proposed in the General Plan. 13 4. Irreversible and irretrievable commitment of resources that would be involved if the proposed action is implemented The property has been extensively disturbed and has been in residential use for many decades. Therefore, the rezoning of the property for its intended purpose does not involve any irreversible or irretrievable commitments of natural resources. The property also does not serve as a habitat for any endangered plant and animal species. Therefore, resources, including water resources, are not expected to be impacted. 14 LOCATION MAP Hawaii County Parcel Data Sales Permits Land Residential Commercial Det. Structures Sketch Values - 2011 Assessment Year TMK Maps 10- Map Tax Bill Tax Details 2011 Tax Details 2010 Tax Details 2009 Tax Details 2008 Tax Details 2007 Tax Details 2006 Tax Details 2005 Tax Details 2004 Tax Details 2003 Page 1 of 1 I CONTACT US I HELP County I State i State Bureau of Conveyances Home Property Search Address Parcel Number Advanced PARID:22O35O70OOOO UYEDA,DIANE TRUST CURRENT RECORD V 1of1V- � 1� ------ �=.t: � r -y �Z, KO + - Return to Search Results nawan a.oumy Last GIS Data Update: 1Sep-2008 REPORTS Permit Report Data Copyright Hawaii County [Disclaimer] Last Updated: 12 Aug 2011 7 Site Design Copyright 1999-2007 Akanda Group LLC. All rights reserved. Printable Version rp http://www.hawaiipropertytax.comIFormsIMapDatalet.aspx?slndex=0&idx--1 &LMparent... 8/19/2011 220350 203504 2101Z,60 t 220350 203503 2 12 21 20 203503 n21 '1 12 3 2103 203503 22 35 2 072 21OV143 203500!2 0350 '6 22 35 OS 2 035 5 203501 2035051 0358 2 0350 i 203505 2 350 9 22035078 OS 2035053i___203506 203505 2 0350 8 am il 35 4 2 35 1 203506 CU .2035054 m 35 6 2 35 6 203506 tu nawan a.oumy Last GIS Data Update: 1Sep-2008 REPORTS Permit Report Data Copyright Hawaii County [Disclaimer] Last Updated: 12 Aug 2011 7 Site Design Copyright 1999-2007 Akanda Group LLC. All rights reserved. Printable Version rp http://www.hawaiipropertytax.comIFormsIMapDatalet.aspx?slndex=0&idx--1 &LMparent... 8/19/2011 WRITTEN METES AND BOUNDS DESCRIPTION A� :i •a ....., fry it'. !.«:..w 4MAH . i..+. y�,.�li •'. _ Being a Portion of Grant 11507 to Yoshio and Kiyoko Iwami Tanaka (Lot 3 and Portion of Lot 5, Block 24 of Waiakea House Lots) Waiakea,'South Hilo, Island of Hawaii, Hawaii Beginning at the northwest corner of this parcel of land on the east side of Kanoelehua Avenue, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 1,163.00 feet south and 11,187.50 feet east and running by azimuths measured clockwise from true south: 1. 2700 00' 176.47 feet along Grant 11505 to Hayato Okino; 2. 3410 00' 105.76 feet along a Road Reserve; 3. 900 00' 210.90 feet along Grant 11788 to Kikuyoshi Nakayama; 4. 1800 00' 100.00 y feet along Kanoelehua Avenue to the point.of, beginning and containing an area of 19,369 SQ. FT. KAA 4 LICENSED G PROFESSIONAL Y RODNE . M. KAWAMURA LAND Licensed_Professional Land Supveyor SURVEYOR Certif icate No. 2 671 No. 2671 _ ._ USP July 27, 1995 HILO ENGINEERING, INC. 484 Kalanikoa Street Hilo, Hawaii 96720 Tax Map Key: 3rd Div. 2-2-35:7.0,- 1 j of _1 SITE MAP WITH LEGAL DESCRIPTION z� 5 , LL OC) W c) avwi¢� ZLL QONN JoLJ W 0 Q= Q o >_ o Q mIY z v13 N a 'x So O � J 4 Q O 4 O Z O j In v VS OQn F• {{ j rn Z a O V O O 1 O d Y J a aND Q Q oy= :Jo VI ' S � o Q- 5 U- VNVAVJIVN 60ANQN O1 svz'll 1NVL9 a \ � i 3 \ 06'01Z .00.06 , o +a o m h \ , LY4L1 ,00 .00LZ I` 1 fl z $$ pep rwwZ rmsc'v-z-z rot � i z� � a i a ci c o S ONIXO OIVAVH 01 SQS'!t 1NV2p BYO eo°cxeo e-s=ma iO^a Z �v •1 r EXISTING COUNTY ZONING DISTRICTS 1 LETTER TO DLNR - SHPD REQUESTING "NO EFFECT" NORMAN K. HAYASHI, LLC Land Use Planning 563 W_ Kawailani Street Hilo, Hawaiil 96720 Tel: 808.959.7838 Cell: 808895.0120 E-mail: nkhayashi@hawaiiantel.net June 30, 2011 Ms. Theresa K. Donham State Historic Preservation Division - DLNR 40 Pookela Street Hilo, Hawaii 96720 Dear Ms. Donham: Chapter 6E-42 Historic Preservation Review Request for "No Effect" Letter TMK: (3) 2-2-35:70 I will be representing Diane Uyeda Trust in its quest to rezone the above -captioned property from an Open (0) to an Industrial — Commercial Mixed — 20,000 square feet (MCX-20) district. As you are aware, one of the requirements of the County of Hawaii Planning Department is to either get a "no effect" letter from the State Historic Preservation Division or do an inventory survey for the area requested for rezoning. The 19,369 -square foot property is located along the east side of Kanoelehua Avenue and abuts a road reserve which appears to have been incorporated within the Hilo International Airport property. There are three older single-family dwellings on the property that are being rented to tenants. The landownedapplicant, Diane Uyeda Trust, is requesting a change of zone in order to construct a warehouseloffice building. The dwellings will be demolished. Since the existing dwellings appear to not have any historical or cultural value, I would appreciate a "no effect" letter from your office which would be submitted to the County Planning Department with my change of zone application. Should you require additional information or have any questions, please feel free to contact me. Merely, ay hi cc: Diane Uyeda Trust DEPARTMENT OF PUBLIC WORKS 0 COUNTY OF HAWAII H I LO, HAWAII DATE: September 30, 2011 TO: BJ Leithead Todd, Planning Director FROM:vYDepartment of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 11-000144) Applicant: Diane Uyeda and Garret Sasaki Request: Open to MCX-20 Tax Map Key: 2-2-35: 070 We have reviewed the subject application forwarded by your memo dated September 7, 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 under the Plan Approval process in accordance with Sec. 25-2-72(3) of the Hawaii County Code. The subject property is located within Zone X according to 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. Questions may be referred to Kelly Gomes at ext. 8327. I SCAN ED 0'7 4 5219 Planning Dept. Exhibit o? - DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAVI 3 4 5 KEKUANAO'A STREET, SUITE 20 HILO, HAWAII 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 October 18, 2011 <;^; r-- L "'7 TO: Ms. BJ Leithead-Todd, Planning Director Planning Department c o FROM: Milton D. Pavao, Manager -Chief Eningeer SUBJECT: CHANGE OF ZONE APPLICATION (REZ 11-000144) --� APPLICANT — DIANE UYEDA AND GARRET SASAKI REQUEST: OPEN TO MCX-20 TAX MAP KEY 2-2-035:070 We have reviewed the subject application and have the following comments and conditions. There is an existing 4 -inch waterline within Kanoelehua Avenue fronting the subject parcel and also a 12 -inch waterline within Kanoelehua Avenue located on the opposite side of the street. The subject parcel is currently 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: 1. Prior to effecting 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 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). 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. 2. The proposed 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. 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 12 -inch waterline within Kanoelehua Avenue is adequate to provide 2,000 gallons per minute of flow for fire protection, as required per the Department's Water System Standards for the proposed type of land use. PIC91`1r111'1g Dept, F_. ��,�N�+ D Exhibit 3 ...Nater, Our Most Precious Resource... 7�a tillai A pane ... �� 845 The DP.nartmAntofWatrRito 1l is ter,i:�� 1 nr....,.4, ;#, , .......w— --J ,,..,__..__ • Ms. BJ Leithead-Todd, Planning Director Page 2 October 18, 2011 Should there be any questions, please contact Mr. Finn McCall of our Water Resources and Planning Branch at 961-8070, extension 255. Sincerely yours, Milt n D. Pavao, P.E. ` M ag r -Chief Engineer FM:dfg copy — Diane Uyeda and Garret Sasaki Norman K. Hayashi LLC William i i"NG DEPARTMENT MgvorrnflA!T'.: IF 14P All = I SP 28 AM 9� 57 September 26, 2011 4OJN�� OF Nq�9'i 4TE OFH►`� County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street Hilo, Hawaii 96720-3998 (808) 935-3311 Fax(808)961-8865 TO : BJ LEIT AD TO D NNING DIRECTOR FROM JNR A , ASSISTANT POLICE CHIEF AREA PERATI S SUBJECT: CHANGE OF ZONE APPLICATION (REZ 11-000144) APPLICANT: DIANE UYEDA AND GARRET SASAKI REQUEST: OPEN TO MCX-20 TAX MAP KEY: 2-2-035:070 Harry S. Kubojiri Police Chief Paul K. Ferreira Deputy Police Chief Staff, upon reviewing the provided documents and visiting the proposed site, does not anticipate any significant impact to traffic and/or public safety concerns. Thank you for allowing us the opportunity to comment. If you have any questions, please contact Captain Robert Wagner of the South Hilo Patrol Division at 961-2214. RW:IIi 110608 Planning Dept. Exhibit "HawaN County is an Equal Opportunity Provider and Employer" 0'74424 At PENT � �C yi1 771T Sz? 15 All 1D 34 September 12, 2011 CDuutp of'Na:bna t"i HAWAI'I FIRE DEPARTMENT 25 Aupuni Street • Room 2501. Wdo, liawaN %720 (808) 932-2900 . Fax (808) 933-2928 TO: BJ LEITHEAD TODD, PLANNING DIRECTOR FROM: DARREN ROSARIO, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ 11-000144) APPLICANT: DIANE UYEDA AND GARRET SASAKI REQUEST: OPEN TO MCX-20 TAX MAP KEY: 2-2-035:070 Damn J. Rosario "MCW Glen P. I. Honda DWWY HOW 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 Rapt. Exhibit_ 5 HauWli County is an Equal Opportunity F*vider and Employer. 01 410ts BJ Leithead Todd September 12, 2011 Page 2 3. When there are not more than two Group F, 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 ail - 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 September 12, 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 nol be provided and maintained for fire apparatus access roads to identiftices shaly 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. OJL-, DARREN J. ROSARIO Fire Chief GA:Ipc William P. Kenoi Mayor William T. Takaba Managing Director (90unk of �afvalilli Dora Beek, P.E. Acting Director Hunter Bishop Deputy Director DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo, Hawai l 96720 (808) 961-8083 • Fax (808) 961-8086 httu://co.hawaii.hi.us/directoryMir envmnghtm MEMORANDUM a Date : September 15, 2011 -0 To BJ LEITHEAD TODD, Planning Director From: DORA BECK, P.E., Acting Director 10B C3 Subject: Change of Zone Application (REZ 11-000144) Applicant: Diane Uyeda and Garret Sasaki Request: Open to MCX-20 TMK: 2-2-035:070 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 Hawaii 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 Hawai' i 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: Area is within the Grant Conditions for the Hilo W WTP but sewer system has not been provided. Property will be required to connect to the County sewer when made available in the future. Planning Dept. Exhibit 6 Cour of Hawaii is an Equal 074197 County q Opportunity Provider and Employer. William P. Kenoi Mayor William T. Takaba Managing Director Dora Beck, P.E. Acting Director Hunter Bishop Deputy Director (91auxtfV of DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo, Hawai'i 96720 (808) 961-8083 Fax (808) 961-8086 hgp:/Ico.hawaii.hi.us/direc-tory/dir envmnp htm MEMORANDUM Date : September 8, 2011 To . BJ LEITHEAD TODD, Planning Director From: DORA BECK, P.E., Acting Director ,4JB Subject: Change of Zone Application (REZ 11-000144) Applicant: Diane Uyeda and Garret Sasaki Request: Open to MCX-20 TMK: 2-2-035:070 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. NEIL ABERCROMBIE s or a GOVERNOR ��� joss to STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: September 16, 2011 TO: Bobby Jean Leithead Todd Planning Director, County of Hawaii LORETTA J. FUDDY, A.C.S.W., M.P.H. Director of Health FROM: Newton Inouye 0' Acting District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 11-000144) Applicant: Diane Uyeda and Garret Sasaki Request: Open to MCX-20 Tax Map Key: 2-2-035:070 If a non-residential facility is using an existing cesspool which serves 20 or more persons per day, the cesspool is considered a large capacity cesspool (LCC). EPA requires closure or upgrade of the large capacity cesspool by April 5, 2005 or the owner could face enforcement action by EPA, including a fine of $32,000 per day per cesspool. 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 11-000144.my Planning Dept. Exhibit _1_ 074219 4 NEIL ABERCROMBIE �� GOVERNOR OF HAWAII WILLIAM J. AILA,JR. CDAwFFiww EOARDOFt NDANDNMNMLRFSOU M n » t , , tp►�w�sspr oN wA16N xasouacewnNnaeM�Nr —17 STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 wodfw* HONOLULU, HAWAII 96809 October 5, 2011 County of Hawaii Planning Department Attention: Ms. Phyllis Fujimoto 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Ms. Fujimoto: via email: p.fujimoto@co.hawaii.hi.us' SUBJECT: Change of Zone Application (REZ 11-000144) from Open to MCX-20 for Diane Uyeda and Garret Sasaki located at 553 Kanoelehua Avenue, Hilo, Hawaii; TMK: (3) 2-2-035:070 Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources' (DLNR) Land Division distributed or made available a copy of your report pertaining to the subject matter to DLNR Divisions for their review and comments. At this time, enclosed are comments from (a) Engineering Division; and (b) Land Division — Hawaii District on the subject matter. Should you have any questions, please feel free to call Darlene Nakamura at 587-0417. Thank you. Enclosures Sincerely, Russell Y. Tsuji Land Administrator Planning Dept. Exhibit 6 No. of Pages: --4-- SCANNED 61 Ely, MEMORANDUM TO: DLNR Agencies: NEILABERCROMBIE Div. of Aquatic Resources OOVERNMOF NA WAIT —Div, of Boating & Ocean Recreation WILUAMJ AILA,JR "ARRMMM VIARDOFLAND AND NAIMN PJIM IM —Div. of Forestry & Wildlife fOMN6EblfON WAThARIiSOOR(.'Y MANMikMPNt —Div. of State Parks ED ' Commission on Water Resource Management SJ d Office of Conservation & Coastal Lands STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RES0126d - 2 3 0: V FROM:sell LAND DIVISION CI ry SUBJECT: POST OFFICE BOX 621 rhq��H11N� HONOLULU, HAWAII 96809 APPLICANT: County of Hawaii on behalf of Diane Uyeda and Garret Sasaki _ C.s September 14, 2011 g(t MEMORANDUM TO: DLNR Agencies: Div. of Aquatic Resources —Div, of Boating & Ocean Recreation —Div. of Forestry & Wildlife —Div. of State Parks 1 Commission on Water Resource Management f ' Office of Conservation & Coastal Lands X Land Division – Hawaii District Preservation E. FROM:sell _Historic Y. Tsuji, Land Administra CI ry SUBJECT: Change of Zone Application (REZ 11-000144) from Open to MCX-20, LOCATION: 553 Kanoelehua Avenue, Hilo, Hawaii; TMK: (3) 2-2-035:070 APPLICANT: County of Hawaii on behalf of Diane Uyeda and Garret Sasaki Transmitted for your review and comment on the above referenced document. We would appreciate your comments on this document. Please submit any comments by October 3, 2011. If no response is received by this date, we will assume your agency has no comments. If you have any questions about this request, please contact Darlene Nakamura at 587-0417. Thank you. Attachments ( ) We have no objections. ( ) We have no comments. ( ✓) C ents are ttached. Signed _ Date: cc: Central Files DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/DarleneNakamura REF.: ZoneChangeREZ l 1-00044-MCX-20 Hawaii.531 COMMENTS ( X) We confirm that the project site, according to the Flood Insurance Rate Map (FIRM), Is located in Zone X. The Flood Insurance Program does not have any regulations for developments within Zone X. () Please take note that the project site, according to the Flood Insurance Rate Map (FIRM), is located in Zone () Please note that the correct Flood Zone Designation for the project site according to the Flood Insurance Rate Map (FIRM) is _ , . () Please note that the project must comply with the rules and regulations of the National Flood Insurance Program (NFIP) presented in Title 44 of the Code of Federal Regulations (44CFR), whenever development within a Special Flood Hazard Area is undertaken. If there are any questions, please contact the State NFIP Coordinator, Ms. Carol Tyau-Beam, of the Department of Land and Natural Resources, Engineering Division at (808) 587-0267. Please be advised that 44CFR indicates the minimum standards set forth by the NFIP. Your Community's local flood ordinance may prove to be more restrictive and thus take precedence over the minimum NFIP standards. If there are questions regarding the local flood ordinances, please contact the applicable County NFIP Coordinators below: () Mr. Robert Sumitomo at (808) 768-8097 or Mr. Mario Siu Li at (808) 768-8098 of the City and County of Honolulu, Department of Planning and Permitting.. () Mr. Carter Romero at (808) 961-8943 of the County of Hawaii, Department of Public Works. () Mr. Francis Cerizo at (808) 270-7771 of the County of Maui, Department of Planning. () Ms. Wynne Ushigome at (808) 241-4890 of the County of Kauai, Department of Public Works. () The applicant should include water demands and infrastructure required to meet project needs. Please note that projects within State lands requiring water service from the Honolulu Board of Water Supply system will be required to pay a resource development charge, in addition to Water Facilities Charges for transmission and daily storage. () The applicant should provide the water demands and calculations to the Engineering Division so it can be included in the State Water Projects Plan Update O Additional Comments: {) Other: Should you have any questions, please call Ms. Suzie S. Agraan of the Planning Branch at 587-0258. Signed:__ il _ CARTY H G, IIEF ENGINEER Date: !g 0 b NEILARSRCROMHIR t* GOVERNOR OF HAWAR WILLIAM J. AMA. JR, CIIAW8RAD" BOARD OF LAND AND NATURAL RmOLMM COMMraw ON WATER RFlDIBICEMANAORMRII �„I+e+Ra STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 ofCA HONOLULU, HAWAII 96809 September 14, 2011°- rn MEMORANDUM TO: DLNR Agencies:° Div. of Aquatic Resources Y _Div. of Boating & Ocean Recreation (.-.1 3� Engineering Division 1 w Div. of Forestry & Wildlife Div. of State Parks -LCommission on Water Resource Management Office of Conservation & Coastal Lands ig�i'r`striict Historic Preservation FROM:sell Y. Tsuji, Land Administratm-!;r— "'- SUBJECT: Change of Zone Application (REZ 11-000144) from Open to MCX-20 LOCATION: 553 Kanoelehua Avenue, Hilo, Hawaii; TMK: (3) 2-2-035:070 APPLICANT: County of Hawaii on behalf of Diane Uyeda and Garret Sasaki Transmitted for your review and comment on the above referenced document. We would appreciate your comments on this document. Please submit any comments by October 3, 2011. If no response is received by this date, we will assume your agency has no comments. If you have any questions about this request, please contact Darlene Nakamura at 587-0417. Thank YOU. Attachments ( J, --We have no objections. ( We have no comments. ( ) Comments are a ed. Signed: �2---� Date: cc: Central Files September 8, 2011 Ms. Bobby Jean Leithead-Todd Planning Director County of Hawaii 101 Aupuni Street Hilo HI 96720 Re: Change of Zone Application TMK: 3/2-2-35-70 Open to MCX-20 Dear Ms.Leithead-Todd: I am writing to lend my support to the above referenced application for the rezoning of the property to allow for the eventual construction of a warehouse/office building on the property. Bobby Jean, I whole-heartedly support the expansion of businesses in our community as this will help to keep the local economy moving forward. I commend Ms. Uyeda and Mr. Sasaki in their efforts to improve their business. I strongly support this rezoning and hope that you will give them your every consideration. cc: Norman K Hayashi, LLC �D cl /L ,4/e--- G /5�„ Sincerely, Z�� &- William V. Brilhante a/,= Planning Dept. Exhibit_ W)RUM K. HAYASHI, LLC Land Use Planning 16 _ 563 W. Kawailani Street Hilo, Hawaiil 96720 Tet: 808.959.7838 Cell: 808.895.0120 E-mail: nkhayashi@hawaiiantel.net September 15, 2011 Mr. William V. Brilhante Brilhante-Hawaii LLC 1342 Kilauea Avenue Hilo, HI 96720 Dear Mr. Brilhante: Subject: Change of Zone Application (REZ 11-000144) Diane Uyeda. and Garret Sasaki Open to MCX-20 TMK: (3) 2-2-35:70 This is to thank you for the letter to the County of Hawaii Planning Director expressing your support of my clients' change of zone application. Your letter of support is greatly appreciated by Diane Uyeda and Garret Sasaki. Sincerely, Norman K. Hayashi cc: Diane Uyeda and Garret Sasaki Planning Department y 0'74209 Bill 155/Comm. 491 WyedaREZ. do c-10/ 14/ 11 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION DIANE UYEDA and GARRET SASAKI CHANGE OF ZONE APPLICATION (REZ 11-144) 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. This recommendation does not, however, sanction the specific plans submitted with the application as they may be subject to change given the specific code and regulatory requirements of the affected agencies. 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 applicants request a change of zone from Open (0) to the Industrial - Commercial Mixed (MCX-20) district to construct a one-story, 8,000 square foot warehouse/office building with the required number of parking stalls and a loading zone. Plans for Plan Approval and construction permits will be submitted within a year or two after receipt of rezoning approval. The applicants own Carpet Isle Flooring America located in close proximity to the property and may utilize the proposed building for its operation. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from an Open (0) to an Industrial -Commercial Mixed Use (MCX-20) zoned district 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. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. 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, sewers and transportation systems. The proposed project also conforms to the Land Use - Industrial sub -element which states that "Industrial development shall be located in areas adequately served by transportation, utilities and other amenities." 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 Industrial on the LUPAG map. This industrial designation includes uses such as manufacturing and processing, wholesaling, large storage and transportation facilities and light industrial uses. The MCX zoning would be consistent with the Industrial designation on the LUPAG map for this area of Hilo. The applicants propose a mix of light industrial and commercial uses which would be suitable in this area. The State Land Use designation for the subject property is Urban. The Hilo Community Development Plan (CDP), adopted in 1975, suggests the retention of residential uses in this area. However, this area is transitioning to commercial and light industrial uses. The advantage of this area is its location in close proximity to water, air transportation terminals, harbor facilities and the residential population of Hilo. The proposed change of zone would complement the existing industrial and commercial land -2- uses that already exist in this area and will provide for an orderly development of the area. The MCX zoning designation was created when the Zoning Code was amended in 1996. In accordance with Section 25-5-130, Hawaii County Zoning Code, this district would allow a mix of light industrial and commercial uses. The intent is to provide for areas of diversified businesses and employment opportunities by permitting a broad range of uses, without exposing non -industrial uses to unsafe and unhealthy environments. The property is a rectangular shaped approximately 19,369 -square foot parcel with frontage along Kanoelehua Avenue (Highway 11). Three single-family dwellings are currently being rented on the site. These structures were constructed in the 1940's and 1950's prior to the property being designated Open on the Hilo Zone Map. The three structures will be demolished to accommodate the proposed new building. There is a wire fence along the property boundary and the State's airport property. Land uses in the immediate area are a mix of residential, commercial and industrial uses. Hilo International Airport is zoned ML -20 and located east of the property. Commercial and/or industrial uses nearby include warehousing, aviation related uses, and office buildings. The property to the north is zoned Open and improved with a single-family dwelling. Further north are properties zoned ML -10 (TMK: 2-2-35: 72), site of Hawaii Forklift rezoned in 1987, and MCX-10 (TMK: 2-2-35: 73), site of a used car dealership rezoned in 2004. The adjacent property to the south was rezoned ML -20 in 1972 and is the site of an industrial building occupied by an electrical contractor. Further south are properties zoned Open. Lands to the west across Kanoelehua Avenue are zoned ML -10, ML -20, RS -10 and MCX-20. All utilities and services are available to the site. Access to the project site is proposed from Kanoelehua Avenue, under the jurisdiction of the State Department of Transportation. Kanoelehua Avenue is a six -lane divided roadway at this section of the highway. Because of the divided highway, access to and from the site will be limited to right -turn in, right -turn out. Along this section of Kanoelehua Avenue, the right-of-way is 120 feet with 30 -foot wide pavements within each travelway. Although curb, gutters and sidewalks were installed on the western frontage of lots fronting Kanoelehua Avenue -3- opposite the project site, there are no sidewalks along the eastern section of Kanoelehua Avenue. While curbs, gutters and sidewalks are typical of MCX zoned districts, in this particular instance, all lands to the north and south are under control of the airport, and there are no sidewalks proximate to the site. While this area is transitioning to a mix of industrial and commercial uses, it is basically isolated and not conducive to pedestrian movements. Therefore, it is not recommended that the curb, gutter and sidewalk improvements be required as a condition of approval for this particular rezoning request. County water is available to the site. The applicants propose to use an individual wastewater treatment system meeting the requirements of the Department of Health. However, a sewer system is planned for this area, and the landowner will be required to connect to this system upon its completion. Solid waste will be handled by commercial haulers. If required, a Solid Waste Management Plan will be prepared. Electricity and telephone services are available to the site. 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. By letter dated June 30, 2011, the applicants have requested a "no effect" letter from the DLNR-HPD. The DLNR-HPD has not responded as of this writing. No professional flora or fauna surveys were conducted, as the property has been improved with three single-family dwellings. The applicants do not believe that rare or endangered floral or faunal resources are on the site. The property is located in an urban setting adjacent to the airport and aviation related uses. Plants on the property and vicinity are introduced landscaping. The subject request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is located less than one mile from the shoreline but will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. According to the applicants, no valued cultural, historical or natural resources -4- 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. Based on the above findings, approval of this change of zone request from Open (0) to an Industrial -Commercial Mixed (MCX-20) zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. 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. -5- COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. 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 OPEN (0) TO INDUSTRIAL -COMMERCIAL MIXED — 20,000 SQUARE FEET (MCX-20), AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-3-035:070. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be Industrial -Commercial Mixed — 20,000 square feet (MCX-20): Beginning at the northwest corner of this parcel of land on the east side of Kanoelehua Avenue, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 1,163.00 feet south and 11,187.50 feet east and running by azimuths measured clockwise from true south: 1. 270' 00' 176.47 feet along Grant 11505 to Hayato Okino; 2. 341' 00' 105.76 feet along a Road Reserve; 3. 90° 00' 210.90 feet along Grant 11788 to Kikuyoshi Nakayama; 4. 180° 00' 100.00 feet along Kanoelehua Avenue to the point of beginning and containing an area of 19,369 square feet. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. -1- SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (1) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. , Hawai`i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII -2- CUyedaREZ.doc-10/14/11 DIANE UYEDA and GARRET SASAKI CHANGE OF ZONE APPLICATION (REZ 11-144) CONDITIONS OF APPROVAL A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, and a water commitment deposit in accordance with the "Water Commitment Guidelines Policy" to the Department of Water Supply within one -hundred eighty (180) days from the effective date of this ordinance. C. 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 Chapter 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 also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). D. Access to the subject property from Kanoelehua Avenue shall meet with the requirements of the Department of Transportation. E. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. If required, a drainage study shall be prepared and submitted to the Department of Public Works prior to the issuance of Final Plan Approval. Any drainage improvements shall be constructed, meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. F. If required, a Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy. G. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources — State Historic Preservation Division (DLNR-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. H. 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. I. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. J. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 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). WM Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. -3- RS -10 MCX-20 ; ML -20 _ 0 125 250 500 OPEN 1 1 AMENDMENT TO THE ZONING CODE 1 MCX-20 MCX-20 ML w/ ML - ML -10 RS -10 -20 MCX-1 HUALANI STREET R -10 R -10 ML -10 _1020 ML -20 O �Q ML -20 OPEN RS -10 �L Z RS -10 11,1&7.50'E MIA 0 "HALA V OPEN (0) TO INDUSTRIAL -COMMERCIAL MIXED - 20,000 SOFT (MCX-20) RS 10 ML -20 19,369 SOFT TOTAL AREA W D z RS -10 MCX-20 j OPEN ML -20 ML -20 Q 10 ML -20 T_ Lu J W O z RS -10 MCX-20 N -10 ML -20 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 OPEN (0) TO INDUSTRIAL -COMMERCIAL MIXED - 20,000 SQFT (MCX-20), AT WAIAKEA, SOUTH HILO, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK: (3) 2-2-035:070 FY411RIT "A" DATE: SEP 07, 2011 a and Garret Sasaki Mao 131( Feet 0 125 250 500 750 1,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (0) TO INDUSTRIAL -COMMERCIAL MIXED - 20,000 SQFT (MCX-20), AT WAIAKEA, SOUTH HILO, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK: (3) 2-2-035:070 FY411RIT "A" DATE: SEP 07, 2011 a and Garret Sasaki Mao 131( Bill' 155/&omm. 491 NEIL ABERCROMBIE GOVERNOR Ms. BJ Leithead Todd Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Ms. Leithead Todd: STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 October 11, 2011 Subject: Diane Uyeda and Garret Sasaki Draft Environmental Assessment (DEA) ,UPC, W -)-- GLENN M. OKIMOTO DIRECTOR Deputy Directors JADE T. BUTAY FORD N. FUCHIGAMI RANDY GRUNE JADINE URASAKI IN REPLY REFER TO: STP 11-151 STP 8.0602 Thank you for requesting the State Department of Transportation's (DOT) review of the subject project. DOT understands the applicants propose to construct a one-story 8,000 square feet warehouse/office building. Access to the project will be from Kanoelehua Avenue. Given the project location, DOT's nearby State airport (Hilo International Airport) and highway facilities (Kanoelehua Avenue) will be impacted. DOT offers the following comments: AIRPORTS 1. The subject project is located adjacent to Hilo International Airport and is within the 65 DNL (day night level) noise contour on the Hilo International Airport Base Year (2000) Noise Exposure Map. Therefore, the applicant can be affected by and should be aware of noise, fumes, smoke and vibrations from aircraft flying into and out of the airport. The applicant is responsible to properly design and construct facilities in response to such aircraft activity and effects. 2. The maximum height of buildings and vegetation must not exceed approximately 60 feet mean sea level (MSL) at the closest point of the subject project to Hilo International Airport. 3. Prior to any approval for construction, DOT will require that the applicant and owner grant an avigation and noise easement to the DOT Airports Division that meets their satisfaction. SC AN1N F,ID 0'4 - 411 Ms. BJ Leithead Todd October 11, 2011 Page 2 STP 8.0602 4. The applicant must file a Federal Aviation Administration (FAA) Form 7460-1 Noitice of Proposed Construction or alteration with the FAA at the following website: https://www.oeaaa.faa.gov/oeaaa/extemal/portal.ist) 5. No construction on or from the subject project shall impact or affect the adjoining airport lands and roads. The applicant is responsible to properly design and construct facilties in response to such aircraft activity and effects. HIGHWAYS The DOT Highways Division is concluding its review of the subject project for impacts to DOT highway facilities. Upon completion of this review, DOT will provide additional comments as necessary. DOT appreciates the opportunity to provide comments. If there are any questions regarding this matter, including the need to meet with DOT Airports Division or Highways Division staffs, please contact Mr. David Shimokawa of the DOT Statewide Transportation Planning Office at telephone number (808) 831-7976. Very truly yours, GLENN M. OKIMOTO, Ph.D. Director of Transportation O 4-1 rB V Q n Q O �+ N O 4- O O 0 v �i CD) H C N M w v Of Ul 0 � � O 4-1 rB V Q n Q O �+ N O 4- O O 0 v �i CD) H C N M w v Of c O 7 3AVVnH3l3DNV)l 3AVYnH3I34NVA z U., 0 17 -eo �� k�y� N gh(4R0� Add x 3AV Vn H313 0N'" 3AV VO H3l3 ONMN 1SVO)IINYl" Iza x r. 4-1 O _ O r44 0 I r6 L 4-J0X D O >10 0 L •- O ��� 0 E L cz-0 O �'X a (1) cu O O a) n x Nom 4-1 L-0 00 cy) CL 4-J E ro — o cn N ru o - - i 0 4-J -- Ul :D v C:E Ou 0-0 ro 0 OE 4.; una)ELn 4J = c+ i L Ul , U _ ro 0-) . M � o D C- ro > �l +-j C O r-). V ro o ro L . — U O O M E OC. •— <( N I-- < F-- Q r) CZ—IM !Lqnjnj &VI W, Gpi'l I AVER 00.06 Q�;- SK, .J o tQdo twqZ Ing., IMI cm cx6H DAW OIYAVH �l SW*jj _,.ky4 ky' Yf ' Y 0 N IT C4, 0 4mJ 0 ma a (1) in4mJ I I I a I O ra Lm C =0 0 0 4mj E M E 0L E i � 0 � i