HomeMy WebLinkAboutCOM 0525.000 2010-2012William P. Kenoi
Mayor
December 21, 2011
County of Hawai i
25 Aupuni Street • Hilo, Hawai`i 96720 • (808) 961 -8211 • Fax (808) 961 -6553
KONA: 74 -5044 Ane Keohokalole Highway • Kailua -Kona, Hawai'i 96740
(808) 323 -4444 • Fax (808) 326 -5663
Honorable Dominic Yagong, Chairman
and Members of the County Council
County of Hawai`i
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Yagong and Members:
Change of Zone Ordinance No. 95 98 (REZ 800)
Applicant: Renaissance Development, LLC
Request: Amendment to Condition B
Tax Map Key: 1-6-003:010
'/Change of Zone Application (REZ 11- 000146)
Applicant: Takata Dental Health Center, Inc.
Request: RS -10 to RCX -20
Tax Map Key: 2 -2- 038:028
Initiator: County Council
Bill No. 90 Proposing the Amendment to Chapter 25, Article 1 and Article 5 of
The Hawai`i County Code 1983 (2005 Edition, As Amended), Relating to Zoning
District Regulations for Crematoriums, Funeral Homes, Funeral Services, and Mortuaries
Change of Zone Application (REZ 11-000143)
Applicant: Donny Souza & Melissa Mulliken
Request: RS -10 to CV -10
Tax Map Key: 1 -8- 002:064
William T. Takaba
Managing Director
Wally Lau
Deputy Managing Director
As required by Chapter 4, Sec. 6- 4.3(C), Hawai`i County Charter, transmitted herewith for the County
Council's consideration and action are the Planning Commissions' letters and enclosures regarding the
above - referenced requests.
William P. Kenoi
Mayor
Enclosures
cc: Planning Department
Hawaii County is an Equal Opportunity Provider and Employer
C13%1 t k,1)
Comm. No. 52s
Ref. To: — L
Ref. Date DEC 2 9
County of Hawaii
WINDWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawai`i 96720
Phone (808) 961 -8288 • Fax (808) 961 -8742
a.c z 1 2011
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- 000146)
Applicant: Takata Dental Health Center, Inc.
Request: RS -10 to RCX -20
Tax Map Key: 2 -2- 038:028
The Windward Planning Commission, after a duly held public hearing on December 1, 2011,
voted to recommend for your approval the proposed legislative bill for a Change of Zone from
Single - Family Residential — 10,000 square feet (RS -10) to Residential - Commercial Mixed Use —
20,000 square feet (RCX -20) for approximately 1.0 acre of land. The property is located on the
west side of Kilauea Avenue, approximately 750 feet south of the Kawili Street — Kilauea
Avenue intersection and across from Maemae Street, Waiakea Homestead Houselots, South Hilo,
Hawai`i.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
Hawai`i County is an Equal Opportunity Provider and Employer
The Honorable Dominic Yagong, Chairman
and Members of the County Council
Page 2
The applicant is requesting a Change of Zone from a Single - Family Residential —
10,000 square feet (RS -10) to a Residential - Commercial Mixed Use — 20,000 square feet
(RCX -20) zoning district for approximately 1.0 acre of land in order to establish a single -
story approximately 4,200 - square foot dental office building on the property. Currently,
the applicant operates a dental clinic that provides general and pediatric dentistry at 445
Waianuenue Avenue. Rather than improving the existing clinic which has limitations due
to the old age of the building and small size of the property, the applicant proposes to
relocate the clinic to the subject property which is capable of accommodating more on-
site parking and a new building with modern dental technology. In addition to
constructing a new 4,200- square foot dental office building, the applicant proposes to
retain the use of the existing dwelling as a residence at this time. However, there is a
possibility that an additional medical office building could be constructed in the vicinity
of the existing dwelling in the future. On -site parking and landscaping meeting the
requirements of the zoning code will be provided.
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 a Single- Family Residential (RS -10) to a
Residential - Commercial Mixed Use (RCX -20) zoning district conforms to applicable
goals, policies and standards of the General Plan. According to the Zoning Code, the
purpose of the Residential - Commercial Mixed Use zoning district is to provide for the
mixing of some small -scale service type commercial uses in a district that is primarily
residential in character. The intent of this district is to allow a residential area to have
certain convenience type of commercial uses while maintaining the neighborhood
character of the residential area. The subject property is located within a primarily
residential area of Hilo. Immediately surrounding lands are zoned RS -10 and consist of
single - family dwellings. A 76 gas station is located about 200 feet to the north on
property that was rezoned in 1997 from RS -10 to CN -10. A property located about 100
feet to the south is zoned RM -4 and contains a duplex. The University of Hawai`i at Hilo
is located about half a mile from the subject property. The applicant's request to provide
dental health services in this predominately residential area of Hilo would be convenient
to surrounding residents and students, and is therefore consistent with the intent of the
Zoning Code.
The Honorable Dominic Yagong, Chairman
and Members of the County Council
Page 3
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 request to change the zoning to a
Residential - Commercial Mixed Use (RCX) zoning district conforms to the LUPAG Map,
which designates the property and the surrounding area as Medium Density Urban. Such
designation allows village and neighborhood commercial uses and single- family and
multiple - family residential uses and related functions, up to 35 units per acre. In addition
to being consistent with the LUPAG Map, the request would also support the following
goals and policies of the General Plan Land Use element:
• Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
• Encourage the development and maintenance of communities meeting the
needs of its residents in balance with the physical and social environment.
• The development of commercial facilities should be designed to fit into
the locale with minimal intrusion while providing the desired services.
Appropriate infrastructure and design concerns shall be incorporated into
the review of such developments.
The subject property is located in close proximity to the University in an area of Hilo that
is primarily single- family residential in character but is interspersed with convenience-
type commercial uses and multiple - family residential uses. The proposed change of zone
would complement the existing residential and commercial land uses that already exist in
this area and will provide for an orderly development of an area adequately served by
necessary services such as water, utilities, sewers and transportation systems. Based on
the above findings, the request will conform to the Zoning Code and General Plan.
It should also be noted that one of the goals of the General Plan is to provide
affordable housing to Hawai`i residents. According to the Office of Housing and
Community Development (Exhibit 8), the affordable housing requirements of the County
Code would generally apply to this change of zone request since residential units or lots
can be developed in the RCX zoning district. However, the applicant's request for RCX -
20 zoning would only allow up to two (2) residential units to be developed on the subject
property which is below the threshold (five or more residential units or lots) for requiring
developers to provide affordable housing. Therefore, the standard affordable housing
condition of approval has not been included in the draft bill for this change of zone
request.
The Honorable Dominic Yagong, Chairman
and Members of the County Council
Page 4
All essential utilities and services are available to the site. Access to the
property is from Kilauea Avenue, which is a four -lane County roadway with a pavement
width of approximately 44 feet within a 60 -foot wide right -of -way. The General Plan
identifies Kilauea Avenue as a secondary arterial street requiring a right -of -way width of
80 feet. Therefore, a ten -foot wide future road widening strip along the property's
Kilauea Avenue frontage would be needed to eventually widen the road to 80 feet. There
is an existing concrete curb and sidewalk fronting the subject property which the
Department of Public Works recommends be reconstructed to meet the requirements of
the Americans with Disabilities Act. Therefore, conditions of approval for the change of
zone will address these recommendations.
Traffic will not increase significantly at the site based on the applicant's initial
plans to develop an approximately 4,200- square foot dental office building, which will
generate approximately 16 a.m. peak hour trips and 19 p.m. peak hour trips according to
the ITE Trip Generation Manual, 71h Edition. However, to be consistent with the
concurrency requirements of the Zoning Code, the Planning Department recommends a
condition of approval be included to require submittal of a Traffic Impact Analysis
Report (TIAR) if a land use is developed that would generate over 50 peak hour trips, and
that the applicant be responsible for constructing any improvements identified in the
TIAR required by the Department of Public Works.
The property has no severe geological or topographical problems which cannot be
properly rectified or which would render the land unusable, and is located in flood zone
"X" which is an area determined by FEMA to be outside the 500 -year flood plain.
County water is available from an existing 10 -inch waterline within Kilauea
Avenue fronting the property. The property is currently served by a 5/8 -inch meter which
is limited to an average daily usage of 400 gallons. The applicant will submit water usage
calculations to the Department of Water Supply in order to determine whether the
existing water meter will be adequate to provide water to the proposed development, or if
a larger or additional water meter is needed. The 10 -inch waterline fronting the property
is also capable of providing the required pressure of 2,000 gallons per minute of water
flow for fire protection for commercial land uses.
A cesspool on the property services the existing dwelling. Wastewater generated
by the proposed development will be disposed of by individual wastewater system(s)
meeting the requirements of the Department of Health. There are no municipal waste
collection services in the County. Therefore, all solid waste generated by development of
the property will require private disposal at the Hilo landfill. Electrical and telephone
The Honorable Dominic Yagong, Chairman
and Members of the County Council
Page 5
services are available to the property. Police, fire services and medical services are
available nearby in Hilo.
This favorable recommendation is made with the understanding that the applicant
remain responsible for complying with all other applicable governmental requirements in
connection with uses permitted within the Residential - Commercial Mixed Use zoning
district, 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.
Based on the above findings, the request to rezone the property from a Single -
Family Residential - 10,000 square feet (RS -10) to Residential - Commercial Mixed Use -
20,000 square feet (RCX -20) zoned district would result in an appropriate land use
pattern that would further benefit the general public.
For your favorable consideration, an amendment to the Section 25 -8 -33 (Hilo Zone Map),
Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code is transmitted.
We are enclosing copies of the staff Background, Planning Director's Recommendation, and the
Powerpoint presentation for your information.
Zendo Kern, Chairman
Windward Planning Commission
Ltakatadentalhealthrez 11 -000146wpc2
Enclosures
cc: Mr. Sidney M. Fuke
Dr. Ellsworth Takata
Department of Public Works
Department of Water Supply
Department of Land & Natural Resources -HPD
Amy Self, Esq., Corporation Counsel
Comm. 525 /Bill 167
BTakataREZ-1 1 /1 8/1 1
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
TAKATA DENTAL HEALTH CENTER, INC.
CHANGE OF ZONE APPLICATION (REZ 11 -146)
TAKATA DENTAL HEALTH CENTER, INC. has submitted an application for a
Change of Zone from a Single - Family Residential — 10,000 square feet (RS -10) to a Residential -
Commercial Mixed Use — 20,000 square feet (RCX -20) zoning district for approximately 1.0
acre of land. The subject property is located on the west side of Kilauea Avenue, approximately
750 feet south of the Kawili Street — Kilauea Avenue intersection and across from Maemae
Street, Waiakea Homestead Houselots, South Hilo, Hawai`i, TMK: 2- 2- 038:028.
PROPOSED ACTION
1. Applicant's Request: Change the zoning district from Single - Family Residential —
10,000 square feet (RS -10) to Residential - Commercial Mixed Use — 20,000 square feet
(RCX -20) for 1.0 acre of land. According to the Zoning Code, the purpose of the
Residential- Commercial Mixed Use zoning district is to provide for the mixing of some
small -scale service type commercial uses in a district that is primarily residential in
character. The intent of this district is to allow a residential area to have certain
convenience type of commercial uses while maintaining the neighborhood character of
the residential area. Requirements for establishing a land use in the RCX district,
including a list of the variety of permitted land uses, are shown in Section 25 -5 -40 to 49
of the Zoning Code. (P.D. Exhibit 1— Zoning Code Requirements for Residential -
Commercial Mixed Use Districts)
2. Reason for Request: The applicant is requesting the change of zone in order to establish
a single -story approximately 4,200 - square foot dental office building on the property.
Currently, the applicant operates a dental clinic that includes general and pediatric
dentistry at 445 Waianuenue Avenue. Rather than improving the existing clinic which
has limitations due to the old age of the building and small size of the property, the
applicant proposes to relocate the clinic to the subject property which is capable of
%
accommodating more on -site parking and a new building with modern dental technology.
In addition to constructing a new 4,200 - square foot dental office building, the applicant
proposes to retain the use of the existing dwelling as a residence at this time. However,
there is a possibility that an additional medical office building could be constructed in the
vicinity of the existing dwelling in the future. On -site parking and landscaping meeting
the requirements of the zoning code will be provided. (P.D. Exhibit 2 - Change of Zone
Application)
3. Landowners: Aileen N. Takata Trust and Brice Takata.
STATE AND COUNTY PLANS
4. State Land Use District: Urban.
5. General Plan LUPAG Map Designation: Medium Density Urban.
6. Current County Zoning: Single - Family Residential — 10,000 square feet (RS -10).
7. Hilo Community Development Plan: The Hilo CDP adopted by Resolution No. 1
effective May 21, 1975 designates this area as RM -4.
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
8. Subject Property: The property is approximately 1.0 -acre in size and rectangular in
shape. Structures on the property include an approximately 1,309 - square foot two -story
single - family dwelling built in 1940 as well as a detached carport, storage building, and
greenhouse. The remainder of the property is planted with grass, fruit trees and
ornamental shrubs.
9. Surrounding Land Uses /Zoning: Immediately surrounding lands are zoned RS -10 and
primarily consist of single- family dwellings. A 76 gas station is located about 200 feet to
the north on property that was rezoned in 1997 from RS -10 to CN -10. There is a property
located about 100 feet to the south that is zoned RM -4 and contains a duplex.
10. Flood Zone: Zone X, an area determined by FEMA to be outside the 500 -year flood
plain.
11. Flora/Fauna Resources: The property has been developed with a dwelling since 1940,
thus no floral or faunal surveys have been prepared for the property. According to the
applicant, due to the property's close proximity to urban areas it is not likely to have
endangered floral or faunal species.
12. Archaeologica l /Cultural/Historical Resources: No archaeological inventory survey
was prepared as the property has been developed since 1940 with a dwelling. According
to the applicant, no valued cultural or historical resources exist on the site and no
traditional and customary native Hawaiian rights are exercised on the site.
13 Public Access: There is no public access to the mountains or the shoreline that traverses
the property.
14. Traffic: The applicant initially plans to develop an approximately 4,200 - square foot
dental office building, which according to the ITE Trip Generation Manual, 7th Edition,
will generate approximately 16 a.m. peak hour trips and 19 p.m. peak hour trips.
UTILITIES AND SERVICES
15. Access: Access to the property is from Kilauea Avenue, which is a four -lane County
roadway with a pavement width of approximately 44 feet within a 60 -foot wide right -of-
way. The General Plan identifies Kilauea Avenue as a secondary arterial street which
requires a minimum right -of -way width of 80 feet.
16. Water: County water is available from a 10 -inch waterline within Kilauea Avenue. The
property is currently served by a 5/8 -inch meter that is limited to an average daily usage
of 400 gallons. The existing 10 -inch waterline is capable of providing adequate water
flow for fire protection for the requested zoning district.
17. Wastewater: A cesspool on the property services the existing dwelling. As there is no
municipal sewer system in the area, wastewater generated by the proposed development
will be disposed of by individual wastewater systems meeting the requirements of the
Department of Health.
18. Solid Waste: There are no municipal waste collection services in the County. All solid
waste generated by the development will require private disposal at the Hilo landfill.
-3-
19. Utilities and Services: Electric and telephone services are available to the property.
Police, fire and medical services are available nearby in Hilo.
AGENCY COMMENTS PROVIDED
20. Department of Public Works: P.D. Exhibit 3 — October 28, 2011 memo
21. Department of Water Supply: P.D. Exhibit 4 — October 31, 2011 memo
22. Police Department: P.D. Exhibit 5 — October 10, 2011 memo
23. Fire Department: P.D. Exhibit 6 — October 21, 2011 memo
24. Department of Health: P.D. Exhibit 7 — October 11, 2011 memo
25. Office of Housing and Community Development: P.D. Exhibit 8 — October 19, 2011
memo
26. DLNR- Land Division: P.D. Exhibit 9 — November 2, 2011 memo
APPLICANT'S RESPONSES TO AGENCIES' COMMENTS
27. P.D. Exhibit 10: Letter dated November 15, 2011 from Sidney Fuke, Planning
Consultant with enclosed letter from DLNR -SHPD dated October 27, 2011.
AGENCIES - NO COMMENTS OR OBJECTIONS
28. Department of Environmental Management.
AGENCIES — NO RESPONSE
29. Department of Parks and Recreation, DLNR -State Historic Preservation Division,
Department of Education, Real Property Tax Office, HELCO.
PUBLIC COMMENTS
30. None as of this writing.
§ 25 -5 -40 HAWAII COUNTY CODE
Division 4. RCX, Residential - Commercial Mixed Use Districts.
Section 25 -5 -40. Purpose and applicability.
The RCX (residential - commercial mixed use) district provides for the mixing of some small -scale
service type commercial uses in a district that is primarily residential in character. The intent of this
district is to allow a residential area to have certain convenience type of commercial uses so as to provide
more of a neighborhood character to the residential area.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.)
Section 25 -5 -41. Designation and density of RCX districts.
(a) Each RCX (residential- commercial mixed use) district shall be designated on the zoning map by the
symbol "RCX" followed by a number which indicates the required land area, in thousands of square
feet for each dwelling unit, or for each separate rentable unit in the case of boarding, rooming, or
lodging houses, fraternity or sorority houses, or for each commercial unit.
(b) In case any of the permitted uses have dormitories, two beds shall be equivalent to one separate
rentable unit for purposes related to the required land area in the RCX district.
(c) The maximum density designation in the RCX district shall be .75 which means seven hundred fifty
square feet of land area per dwelling unit or separate rentable unit.
(d) In the RCX district the following density designations shall be used: .75, 1, 1.5, 2, 2.5, 3, 3.5, 4 and
upward in 0.5 increments.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.)
Section 25 -5 -42. Permitted uses.
(a) The following uses shall be permitted in the RCX district:
(1) Adult day care homes.
(2) Bed and breakfast establishments, as permitted under section 25 -4 -7.
(3) Boarding facilities, rooming, or lodging houses.
(4) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code.
(5) Churches, temples and synagogues.
(6) Commercial or personal service uses, on a small scale, as approved by the director.
(7) Community buildings, as permitted under section 25 -4 -11.
(8) Convenience stores.
(9) Crop production.
(10) Day care centers.
(11) Dwellings, double - family or duplex.
(12) Dwellings, multiple - family.
(13) Dwellings, single - family.
(14) Family child care homes.
(15) Group living facilities.
(16) Home occupations, as permitted under section 25 -4 -13.
(17) Medical clinics.
(18) Meeting facilities.
(19) Model homes, as permitted under section 25 -4 -8.
(20) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood
recreational areas and uses.
(21) Public uses and structures, as permitted under section 25 -4 -11.
Planning Dept.
Exhibit
§ 25 -5 -42 HAWAII COUNTY CODE
(22) Restaurants.
(23) Schools.
(24) Utility substations, as permitted under section 25 -4 -11.
(b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in
the RCX district, provided that a use permit is issued for each use:
(1) Care homes.
(2) Crematoriums.
(3) Golf courses and related golf course uses, including golf driving ranges, golf maintenance
buildings and golf club houses.
(4) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(5) Major outdoor amusement and recreation facilities.
(6) Mortuaries.
(7) Telecommunication antennas and towers.
(8) Yacht harbors and boating facilities.
(c) Buildings and uses normally considered directly accessory to the above uses shall also be permitted in
the RCX district.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.)
Section 25 -5 -43. Height limit.
The height limit in the RCX district shall be forty -five feet.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.)
Section 25 -5 -44. Minimum building site area.
The minimum building site area in the RCX district shall be seven thousand five hundred square feet.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.)
Section 25 -5 -45. Minimum building site average width.
Each building site in the RCX district shall have a minimum average width of sixty feet.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.)
Section 25 -5 -46. Minimum yards.
Minimum yards in the RCX district shall be as follows:
(1) Front and rear yards: twenty feet; and
(2) Side yards, eight feet for a one -story building, plus an additional two feet for each additional
story.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.)
Section 25 -5 -47. Landscaping.
Landscaping shall be provided on a minimum of twenty percent of the total land area of any building
site in the RCX district, except for lots containing only one single - family dwelling and accessory
buildings. Parking areas shall not be included within the area required for landscaping on any building
site.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999; Am. 2005, Ord. No. 05 -155, sec. 6.)
Section 25 -5 -48. Commercial use restrictions.
(a) Where commercial uses are integrated with residential uses in the RCX district, pedestrian access to
the dwelling shall be independent from other uses and shall be designed to enhance privacy for
residents.
§ 25 -5 -48 HAWAII COUNTY CODE
(b) No floor of any building in the RCX district shall be used for both dwelling and commercial
purposes.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.)
Section 25 -5 -49. Other regulations.
(a) There may be more than one main building on any building site in the RCX district.
(b) Distance between main buildings on the same building site in the RCX district shall be at least fifteen
feet.
(c) Plan approval shall be required for all new buildings and additions to existing buildings in the RCX
district, except for construction of one single - family dwelling and any accessory buildings per lot.
(d) Exceptions to the regulations for the RCX district regarding heights, building site areas, building site
average widths and yards, may be approved by the director within a planned unit development.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999; Am. 2005, Ord. No. 05 -155, sec. 7.)
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT: Takata Dental Health Center, Inc.
APPLICANT'S SIGNATURE: gat/4/W k G %ti DATE: June 14, 2011
ADDRESS• 455 Waianuenue Avenue
Hilo, HI 96720
LIST APPLICANT'S INTEREST IF NOT OWNER:
LIST PRINCIPALS) INCLUDING NAMES OF MAIN OFFICERS: ?I` '''t Pei r ': #/74
wix Ms/ Q kl � aict:A Cp-Y X31 s wz- 3 -;--
PHONE:(Bus.) 935 -3351 (Res.) (Fax)
LANDOWNER(S): Aileen N. Takata Trust and Brice Takata
LANDOWNER SIGNATURE(S): 91140% 2141x ({irade.e) ,;,..4.,, DATE: June 14, 2011
(May be by letter)
LANDOWNER(S) ADDRESS: 455 Waianuenue Avenue Hilo, HI 96720
REQUEST: RS -10
TO RCX -20
(Existing zoning) (Proposed Zoning)
TAX MAP KEY: 2-2-038: 028
STREET ADDRESS OF PROPERTY:
1732 Kilauea Avenue
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 1 acre
AGENT: Sidney M. Fuke Planning Consultant
ADDRESS• 100 Pauahi Street, Suite 212
Hilo, HI 96720
TELEPHONE: (Bus.) 969 -1522 (Res.) (Fax)969 -7996
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Sidney Fuke
COPIES; Dr. Ellsworth Takata
(See Instructions on Reverse Side)
Planning Dept.
Exhibit 2
ATTACHMENT
Commercial, RM, Resort, & Industrial
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
1. if your request is approved, do you intend to subdivide
the subject land in accordance with the approved change
of zone?
If yes, please answer the rest of question I and then to
question 3.
a.
No
How many acres of the requested area do you intend to
subdivide? N/A
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:
N/A
a. Sell or lease the land to someone who has firm
plans? No
b. Sell or lease the land to someone who has tentative
plans? No
c. Sell or lease the land to someone who has no plans? No
d- Keep it? Yes
e. other (please state)
f. If you intend to do either a, b, or c, please elaborate
on the kind of plans the other party has. Please, also,
include in your answer approximately how soon after
approval of your rezoning do you expect to transfer the
subject land to another party.
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.
Continue residential use for the shortwhile and construct new building for dental office.
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.
5.
Have you performed any study which discusses the
environmental impacts your request would nave on the
surrounding area and /or the County?
If so, please elaborate on your findings in the space
provided below.
Please refer to accompanying planning and environmental report
Yes
6. Are there any buildings on the subject area? Yes
7.
If so, what kind?
An existing single family dwelling and related improvements
What do you intend to do with those buildings if your
request is approved?
Continue use of dwelling with the possibility of futur econversion
Is the subject land currently being used for any
agricultural activity?
if so, please list the kinds of products grown on and
how many square feet or acres of land per product?
No
8• To your knowledge, has there been any flooding and /or
drainage problem on the subject area?
If so, please describe the problem.
9. Do you think that the roads leading to the subject area
needs improvement?
If so, what kind?
No
No
Is the road adequate for the proposed traffic volume
or load?
10. What sort of governmental assistance and /or improvements
do you feel will be needed in the subject area when
developed?
yes NO
a. Schools
b. Roads
c. Sewer
d. Drainage
e. Police Protection
f. Fire Protection
g. Recreational Facilities
h. Recreational Facilities
i.
Yes
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, inasmuch as the site has been cleared in the past.
Signature: c/10/4/1//
Address: 455 Waianuenue Avenue
Telephone: 935 -3351
Date: June 18, 2011
-5-
6338A/50A
P. D. 5/84
COUNTY ENVIRONMENTAL REPORT
COUNTY REZONING REQUEST - RS -10 to RCX -20
TAKATA DENTAL HEALTH CENTER, INC.
TAX MAP KEY: (3) 2 -2 -038: 028
WAIAKEA, SOUTH HILO, HAWAI'I
INTRODUCTION
Takata Dental Health Center, Inc, ( "Applicant') is requesting the rezoning of a
parcel of land consisting of 1 acre from Single - Family Residential (RS -10) to
Residential - Commercial Mixed Use (RCX -20). The subject site is located on the
west side of Kilauea Avenue, approximately 700 feet south or Puna side of its
intersection with Kawili Street. Maemae Street, which intersects with Kilauea
Avenue, is located directly across or east of the subject property.
If successful, the Applicant plans to relocate its existing dental practice located at
445 Waianuenue Avenue to the subject site. The Applicant intends to construct
a new building, while continuing the existing residential use of a single - family
dwelling on the site. There is a possibility that, in the future, the dwelling may be
replaced by a new "residential- character" office building.
II. PROJECT LOCATION
As noted earlier, the subject site consists of 1 acre and is identified by TMK:
2 -2 -038: 028. The site is located on the west side of Kilauea Avenue,
approximately 700 feet south or Puna side of Kawili Street. Maemae Street,
which intersects with Kilauea Avenue, is located directly across of the subject
property. (Figures 1 and 2)
Although there are single- family dwellings adjacent to the subject site, there are
some commercial and multiple - family residential uses proximate to the site. A
gas station is located Tess than 200 feet to the north, while there are apartment
complexes at the corner of Kawili Street and Kilauea Avenue and about 500 feet
to the south on Kilauea Avenue. The University of Hawai'i at Hilo, Hawai'i
Community College, and the Waiakea High School are located about a mile from
the subject property.
III. PROJECT DESCRIPTION
A. Project Concept and Components
The applicant presently operates a dental clinic that includes general and
pediatric dentistry along Waianuenue Avenue. That site, consisting of
16,564 square feet, is relatively small, resulting in insufficient on -site
parking. Additionally, because the building was constructed in 1972,
nearly 40 years ago, and the need to accommodate newer dental
1
SUBJECT SITE
FIGURE 1 •
equipment and technology, significant interior and exterior improvements
will soon have to be made.
Rather than improving this site, however, the applicant is proposing to
relocate its clinic to the subject site, a site owned by the applicant's family
for over 70 years. In so doing, the new structure could be built to
accommodate the current state of dental technology as well as provide the
much needed on -site parking for both staff and patients.
Furthermore, because of the growing residential subdivisions in the
southwestern sector of Hilo and the applicant's emphasis on pediatric
dentistry, the site would be more central to Hilo, including the Waiakea
School complex. There is a good road network system to this area,
making it reasonably accessible by both pedestrian and vehicular traffic.
Finally, because of the nature of the clinic's clients, the applicant believes
that a quasi - residential setting would not be inappropriate. While
providing needed service, the requested use would not significantly disrupt
the existing neighborhood.
In that light, the applicant believes that the subject site would fulfill its
objectives, yet not be incongruous with County land use policies.
Tentative plans call for the construction of a new single -story, 4,200
square foot building. Additionally, there would be at least 26 parking
stalls. This would be more than sufficient for the two dentists, staff, and
patients. Although not shown, the required handicapped stalls will and
can be provided on -site. Should there be a need for additional parking,
there would be adequate space for it. (Figures 3, 4)
As noted on the preliminary site plan, the existing dwelling would continue
to be used as a residence. However, there is a possibility that a new
building could be constructed in the vicinity of the existing dwelling. In that
event, the applicant intends to maintain the residential ambience by
having a single -story structure with a residential design.
As much as possible, the existing landscaping would be retained and
enhanced to retain the residential ambiance of the site, as the site is
bounded by single - family residential uses on 3 of its 4 sides. The existing
landscaping includes the citrus trees and a lawn to the front and rear of
the site. If needed, additional landscaping consistent with the County's
Landscaping Rule will be implemented adjacent to these properties to
mitigate potential visual and noise impacts.
It should be emphasized that the proposed location of the structure and
parking location is preliminary and may be adjusted to accommodate the
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spatial requirements of the potential users and County's design review and
related construction requirements.
The existing, single access at Kilauea Avenue would be improved and
continue to be used.
B. Project Timetable and Cost
Should the request be approved, the applicant intends to finalize its plans
and begin construction before the end of next year. The estimated cost of
this project is $500,000.
IV. INSTITUTIONAL CONSIDERATIONS
A. State Land Use
The subject property is designated Urban. As such, no State Land Use
Commission action is required. The County of Hawaii can process the
rezoning request.
B. County General Plan
The County General Plan Land Use Pattern Allocation Guide (LUPAG)
map, if scaled, designates the site Medium Density. Relative to the
Medium Density designation, the General Plan allows consideration for
"Village and neighborhood commercial and residential and related
functions (3 -story commercial; residential - up to 35 units per acre." The
requested zoning and planned use would be consistent with the uses
envisioned within the Medium Density area.
C. Hilo Community Development Plan
The Community Development Plan (CDP) attempts to further define the
General Plan and serves as a guide for decision- makers. It was adopted
by the Planning Commission in 1975, over 25 years ago. Although
reviewed by the County Council, the CDP was never adopted.
The CDP's Land Use Concept map identifies a RM -4 or multiple - family
residential designation for this area. Notwithstanding this inconsistency,
however, it is acknowledged that the growth of Hilo and its outlying areas
like Puna have made some of the planning assumptions of the CDP
obsolete. An updated CDP would be timely.
Absent the availability of a relevant intermediary planning document, one
must rely only on the General Plan LUPAG map and policies. In the end,
the General Plan is more critical, as the County Charter requires all zone
3
changes to be consistent with it. And the requested RCX zoning would
be consistent with the General Plan's Medium Density Urban designation.
D. County Zoning
The County zoning of the subject area is Single- family Residential
(RS -10). The purpose of the RCX zoning is to provide "for the mixing of
some small -scale service type commercial uses in a district that is
primarily residential in character...." That was the reason why the RCX
zoning was sought instead of the other commercial zoning categories. As
noted in Figure 5, which is an excerpt of the zoning map, there are a
variety of non - single - family residential zones in this area.
If the Residential - Commercial Mixed Use (RCX -20) request were
approved, the applicant intends to construct a small- scale, dental office
building. Should that occur, all land use and development codes such as
parking, landscaping, fire, ADA, and the like would be complied with.
E. Other Permitting Considerations
The site is not located within the County Special Management Area
(SMA). As such, no SMA Use Permit would be required.
However, as noted earlier, other construction- related permits would still be
required. These would be of the "ministerial" variety, such as Plan
Approval, building permit, and health clearances.
V. ENVIRONMENTAL CONSIDERATIONS
A. General Description
The 1 -acre site is located on the west side of Kilauea Avenue,
approximately 700 feet south or Puna side of its intersection with Kawili
Street. Maemae Street, which intersects with Kilauea Avenue, is located
directly across or east of the subject property. There is a gas station
approximately 200 feet to the north.
The property is rectangular in shape, with a width of 180 feet and a length
of 242 feet. The driveway is located almost directly across of Maemae
Street, in the middle of the lot.
There is an existing 2 -story single - family dwelling on the property
consisting of approximately 1,300+ square feet of living area. There are
also residentially - related structures such as a carport, storage building,
greenhouse, and the like.
4
SUBJEC
FIGURE 5
The site is fully improved based on its former residential use. There is a
lawn on the front and back portions of the site. There are also tangerine,
hibiscus, fern, and other ornamental plants and trees around the site.
B. Climate, Soil and Topography
According to the State Commission on Water Resource Management, the
nearest rain gauge in this area is the Hilo Airport. The rainfall data of this
gauge notes that over the past 37 years, the annual median rainfall for this
area was 131.1 inches. The wetter months tend to occur between
October through April. The average daily temperature ranges from a
minimum of 61 degrees to a maximum of 79 degrees Fahrenheit. Wind
patterns are generally trade winds (easterly) during the day and westerly
or mountain winds during the evenings.
There is a slight difference in elevation between the front and rear of the
property. The front portion is about the 48 -foot elevation level, whereas
the highest point at the rear is at 60 feet.
Being within a heavily urbanized area, the Land Study Bureau Overall
Master Productivity Rating does not have any classification for this site.
Likewise, the site is not classified under the Agriculture Lands of
Importance to the State of Hawaii (ALISH) classification system. Thus,
the State's classification system does not recognize this site as being
agriculturally important.
The U. S. Soil Conservation Service, however, has designated the soil
type in this area to be of the Ola'a Series (O /D), which consists of
well- drained silty clay loams that formed in volcanic ash. The surface
layer and subsoil are extremely stony silty clay loam about 16 inches and
9 inches thick. The subsoil is underlain by A'a lava. Permeability is
rapid, runoff is slow, and the erosion hazard slight. These soils are
usually moist, but when dried, they have high shrinkage but low swelling
potential. This soil type is widespread throughout downtown Hilo.
C. Natural Hazards
1. Drainage
The US Corps of Engineers' Flood Insurance Rate Map (FIRM)
designates the area of the proposed development to be in Zone X
(areas outside of 500 -year flood). There are no identifiable
drainage ways through the site. Accordingly, the site has not and
should not be subject to flooding.
5
As there will be an added level of impervious surface resulting from
the proposed parking area and new structure, there may be an
issue relating to potential increased run -off. In that event, a
drywell or similar type of accommodations will be implemented,
subject to the review and approval of the Department of Public
Works. The depth of this drywell - if needed - will be of sufficient
depth to avoid potentially high groundwater table.
2. Tsunami Hazard
As the site is situated over a mile from the ocean, it is located
outside of the Civil Defense's Tsunami Evacuation Zone. Thus,
there would be little or no threat from high waves.
3. Volcanic and Earthquake Hazards
The United States Geological Survey (USGS) classifies the entire
City of Hilo as being within Lava Flow Hazard Zone 3, on a scale of
ascending risk, 9 to 1. There is very little that can be done to
mitigate this situation and reflects an ongoing threat to all residents
and businesses.
The entire island of Hawaii falls within Earthquake Zone 4,
according to the County Building Code. As such, the applicant
understands and accepts that there will be added structural
requirements to address this seismic hazard.
D. Fauna Resources
Although there was no professional survey conducted of the faunal
resources of the site, the applicant does not believe that rare or
endangered faunal resources are likely to be found within or proximate to
the subject site, The site is not only within an urban area, it is in fact fully
developed.
Introduced bird species (such as dove, Japanese White -eye, house finch,
myna) are common in this area. Domestic animals such as cats and dogs,
and other animals like rats and mongoose are also common. These are
all common and not endangered.
As such, it is unlikely that the development of the subject property would
cause any adverse faunal impacts.
E. Flora Resources
No commissioned flora survey was conducted of the site due in large
6
measure to its past and current residential use. A visual inspection
confirmed the presence of a lawn and a number of introduced plants.
These included the ti (Cordyline fruiticosa), plumeria (Plumeria rubra),
fern, hibiscus, and other common fruit and citrus trees such as the
tangerine.
Given its past use, it is unlikely that the site would be a habitat for any
listed threatened or endangered plant life.
F. Historic /Cultural /Archaeological Resources
For the same reason noted above, no commissioned archaeological
inventory survey and cultural assessment study was conducted of the
subject site. The past and current residential use of the site, resulting in
its extensive clearing, reduces the prospect of finding any archaeological
remains.
Nonetheless, during the course of developing this project, should any
anticipated archaeological features or sites be uncovered, work in the
affected area will immediately cease and the applicant will notify the
Planning Department.
G. Valued Cultural Resources
The recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai 0
Ka'Aina" decisions require decision- makers to consider a project's impact
to native Hawaiian gathering and fishing rights. Specifically, there must
be a discussion of the cultural, historical, and natural resources and
associated traditional and customary practices of this site and the impact
of this project to these resources and practices.
In this situation, the subject site is not adjacent and /or proximate to the
shoreline. As such, fishing and coastal access is not an issue.
It is not known whether the subject or immediate surrounding area was
ever used for the gathering of plants by native Hawaiians. However, as
the site has been used residentially for over 70 years and landscaped with
a lawn and other introduced plant species, it would appear very unlikely
that the site would serve such purpose today and /or in the recent past.
There are also no known archaeological features or remains on the
subject property.
Based on the above, it does not appear that the project would have any
potential adverse impacts relating to native Hawaiian cultural and
historical resources and /or practices.
H. Water and Coastal Resources
The subject site is located over a mile from the coastline. As such,
coastal impacts resulting from discharge of drainage systems from the site
should not be significant. Being a non - coastal property, no coastal
access will be affected.
Currently, there is no sewer line fronting the site. The applicant intends to
abandon the existing cesspool and construct a septic or equivalent
wastewater system consistent with the requirements of the Department of
Health.
Further as noted earlier, prior to the installation or use of any drywell on
the site to address on -site drainage concerns, the/ appropriate UIC permit
from the State will be taken. At that time, impacts to water and coastal
resources will be carefully examined.
Noise, Air Qualitv, and Dust
The existing background ambient noise levels are associated with the
wind, foliage, birds, and the like. This is relatively low, averaging less than
45 Ldn.
Manmade noise in this area, however, is heavily influenced by traffic along
Kilauea Avenue. Although this project will introduce additional vehicular
traffic to this area, it will be very insignificant due to its size and type (office
versus retail) of use. Thus, any traffic increase should result in a noise
increase of less than 55 Ldn, which is within acceptable levels within an
urban environment.
The short-term noise impacts will be associated with the construction of
the project. These will be temporary. Further, all applicable State rules
governing construction noise abatement will be observed. The applicant
also intends to not allow noise- generating construction activity to occur
during the weekends and early morning and late evening hours.
The proposed development should not generate any direct air quality
impacts. As the project itself is not expected to have uses that generate
adverse air pollutants, the only discernible air quality impact would be
associated with vehicular traffic to and from the site. While the added
traffic will have an impact to the ambient air quality, the impact should not
be significant. This is due in part to the higher EPA standards for
automobile air emissions and the prevailing trade winds.
All of the required parking area within the project site will be paved with an
all- weather, dust free surface. Additional landscaping, if required as part
8
of the Plan Approval process, will be implemented. As such, with the
exception of minimal construction dust in the beginning, long term dust
generated by the project should be insignificant.
J. Scenic and Visual Considerations
In the Natural Beauty element of the General Plan, there are sites or areas
listed as scenic resources. The subject site is not listed as a scenic site.
However, Mauna Kea and Mauna Loa Mountains are listed as scenic
resources.
The proposed development should not have any visual impacts on either
of those mountains, particularly from Kilauea Avenue. The location of the
site and any existing and proposed structures is such that there should be
no interruptions to these views.
Thus, there should be little, if any, visual impacts resulting from this
project.
VI. SOCIAL AND RELATED CONSIDERATIONS
A. Surrounding Land Uses
The immediate area, although predominantly residential, has some
commercial uses . in the general area. These uses include a gas station
about 200 feet to the north; and a dental clinic, and a neighborhood
convenience store on the corner of Kawili Street and Kinoole Street. The
State Forestry office is also located on the corner of Kawili and Kilauea
Avenue. There were also properties that were recently rezoned into the
RCX, RM, and CN districts.
These activities and uses are reflective of the gradual land use
transformation that is occurring in this area, a transformation from an
exclusively single - family residential area to a mixture of student and
multiple- family housing and a sprinkling of light commercial uses.
As such, while the requested use would be consistent with the design and
scale of the immediate area, the use (dental office) could still generate
some impact to the residences. To mitigate these impacts, design and
construction factors such as the placement of the structure, parking areas,
lighting, landscaping, and the like will be taken into account.
B. Economic Impacts
The requested zoning would have some measure of economic impact, as
9
it would provide short-term employment opportunities for those in the
construction and related industries.
With the completion of the project, there will possibly be a few long -term
employment opportunities. There would be greater employment stability
for the 7 -8 employees, and space may be available to accommodate
another dentist as well as the related support staff.
A commercial rezoning would also increase the tax revenues to the
County. However, there could be some real property tax consequences
for the adjacent residential properties. As the assessed valuation of the
subject property rises due to the higher commercial use, there could be
some fallout to neighboring properties. Nonetheless, for homeowners
intent on keeping their property for residential uses, there are tax
provisions that allow homeowners to "freeze" the valuation of their
property for a certain period of time.
C. Agricultural Impacts
While there are some fruit trees, the site is not used for any intensive
agricultural activities. The site has been used as a residence for over 70
years. The surrounding area is also heavily urbanized. Even the State
ALISH's mapping system does not classify this site. Accordingly, the
potential commercial agricultural value of the site - aside from limited
domestic purposes - is minute, if at all.
VII. INFRASTRUCTURE CONSIDERATIONS
A. Road and Traffic
The subject site fronts Kilauea Avenue, which has 4 lanes in the area
fronting the subject site. Kilauea Avenue, in this area, has a 36+ foot
wide pavement with a curb, gutter, and sidewalk section within a 60 -foot
wide right -of -way.
Kilauea Avenue is one of several major roads leading into Downtown Hilo.
Accordingly, the General Plan calls for increasing the right -of -way of
Kilauea Avenue to a width of 80 feet. As such, as a condition of rezoning
for the gas station proximate to the subject site, there was a condition
calling for a 10 -foot wide future road widening setback. The applicant can
accommodate this added setback.
Just beyond the subject site heading in a northwesterly direction, one (1)
of the two (2) town -bound lanes becomes a dedicated left-turn lane at
Kawili Street. On the other hand, until the Puainako Street intersection,
the outbound lanes continue to be two lanes from Lanikaula Street.
10
The dental clinic is anticipated to be open, Monday to Friday, between
8am to 5pm. There may be periodic morning openings on Saturdays.
Patients are accommodated through appointments.
As such, the arrival and departure of the proposed clinic's 8 -10 employees
would coincide with the normal peak hour traffic. However, because of
the dedicated town - bound, left-turn lane at Kawili Street, left turn
movements into the subject site should not significantly affect through
traffic. Likewise, the mauka- bound, left turn movement at Kawili Street
should not be significantly compromised, as the turning lane is more than
500 feet long.
As the clinic is anticipated to close at 5:00 pm, most of the employees
would leave a little after the height of the PM peak hour. Visibility is good
both entering and exiting the property, as Kilauea Avenue at this point is a
straight road with no significant undulations.
B. Water
The 10 -inch County water line fronts Kilauea Avenue. It is anticipated
that the existing 5/8 -inch meter would be sufficient for the proposed office
use. If needed, however, a 1 -inch meter can be installed.
C. Wastewater
There is no sewer line fronting the property. As such, for the proposed
project, the applicant intends to construct a septic or equivalent system
meeting with the requirements and approval of the State Department of
"Health_
D. Solid Waste
Solid waste will be handled by commercial haulers who will dispose of the
refuse at the county landfill in Hilo, which is at or nearing capacity. This
landfill must be closed when full. Unless an approved site is located in
Hilo, the waste will have to be hauled and ultimately disposed off at
Pu'uanahulu in West Hawai'i.
Typically, however, a project of this nature should generate solid waste
that would be comparable to or less than a typical residence. All dental -
related material will be disposed in a manner consistent with State and
Federal disposal requirements.
During the course of preparing the site for the new building, the
applicant intends to retain as much of the material on the property. This
should thus minimize disposal at approved disposal sites. As such, the
11
applicant does not believe that a solid waste management plan is
necessary for a project of this nature.
E. Other Government Services
As this area is already part of the City of Hilo urban area, it is already
being serviced. No extension of government services would be required,
and existing facilities should be sufficient to accommodate the limited
demand expected from this project
At least three (3) County Fire Stations and Emergency Medical Services
are located within a 5- minute response area.
As this project is a commercial one, it should have little or no direct
impacts to schools, parks, and other related facilities. Nonetheless, there
are county_parks, and public and private schools within 2 miles of the site.
The Hilo Medical Center is located, approximately 3 miles from the site.
This hospital is one of five licensed hospitals on the island.
F. Other Utilities
All other utilities such as telephone and electrical services are available to
the site.
VIII. IMPACT SIGNIFICANCE ANALYSIS
A. Relationship Between Local Short -Term Uses of Environment
and Maintenance and Enhancement of Long-Term Productivity
The short-term use of the site would probably be continued residential
uses. However, the structure is presently not occupied.
Further, this project should not result in any significantly adverse short or
long -term impacts that cannot be properly mitigated. There will be direct
and indirect economic benefits - albeit small - resulting from the
construction and implementation of this project. Relatedly, the project will
generate increased tax revenues that can supplement the State and
County's fiscal resources.
Because of its location, this project will provide a service that can be made
reasonably accessible to the region and immediate neighborhoods. The
required infrastructure - if needed - will be implemented by the applicant to
mitigate potential impacts of this project.
12
Finally, the design and scale of the project will be residential in nature.
As such, in spite of its "commercial" use, a residential ambience can still
be - retained.
B. Irreversible and Irretrievable Commitment of Resources
The subject site is already disturbed. As such, the commitment of natural
or other resources (such as archaeological) would not appear to be an
issue. The likelihood of finding archaeological features on the site is
remote, due to the past development of the site. Further, any
unanticipated finds will be properly mitigated upon consultation with
appropriate government agencies.
C. Mitigative Measures
The applicant intends to provide any required off and on -site infrastructure
in conjunction with the development of this project. These may include
drainage, wastewater, and water improvements.
While the applicant does not believe it necessary, should the County
require improvements to the sidewalk along the property's fronting, the
applicant will comply.
Likewise, the applicant, if required, is prepared to make on -site drainage
improvements to accommodate the planned parking area as well as
construct its own wastewater system. All of these, if required., will be
done in conjunction with the permitting and permit implementation phases
of this project.
Although the potential for finding archaeological features on the site is
remote, if any inadvertent discoveries are made during any phase of this
project., the Planning Department will be notified.
If required, additional landscaping will also be incorporated within the
project site, as well as along the boundaries adjacent to the neighboring
residences. The landscaping would be consistent with the Planning
Department's landscaping rules.
There is a single - family dwelling on the property that has been vacant for
the past year. In due time, the applicant intends to improve it and
eventually rent it out. As such, there should be no direct relocation issue
associated with the project.
D. Alternatives to the Proposed Project
1. No Project
13
Under the status quo alternative, the site would remain in its
present residential use. Under this scenario, the site would not
supporting a use (dental clinic) that services the community while
keeping the residential flavor of the immediate neighborhood.
2. Development Based on Existing RS -10 Zoning
Under this alternative, the land could be further subdivided into 4
Tots. That would make possible the addition of at least 3 more
dwellings.
The conversion of this site into a dental clinic or office, however,
should be of benefit to the immediate area, given the site's
proximity to the University and other residences.
3. Alternative Residential Densities
The site could be developed for a higher density residential uses,
such as a 40 -unit apartment complex which would also be
consistent with the General Plan LUPAG map. Such a density,
however, may have more of an infrastructure impact than a small
dental clinic as being proposed by the applicant.
4. Evaluation of Alternatives
Leaving the property in its current under- developed state would not
maximize the use of the land. There would also be diminished tax
revenues and fewer services to thepublic.
Alternative residential densities are possible, which could also
provide community benefits. However, it is reasoned that the
construction of a dental clinic or office, one which could retain a
residential -flavor, would be less intrusive than a 40+ unit apartment
complex.
The project's impact to the area's social and physical infrastructure
would not appear to be pronounced, particularly in Tight of the
proposed use (dental office) and the residential scale and design of
the building. Further, additional mitigative measures such as
landscaping and so forth will be taken to address any possible
impact associated with the proposed use.
In that regard, the project in totality would be consistent with the
land use objectives sought to be accomplished by the County
General Plan LUPAG map.
In view of the aforementioned, it would appear that none of the
alternatives would be more prudent and beneficial than the
requested RCX -20 zoning alternative.
IX. REGULATORY ANALYSIS
A. General Plan LUPAG Map
The General Plan provides for the long -range comprehensive
development of the island of Hawaii. It provides direction for the
balanced .growth of the County.
The LUPAG map designates the site Medium Density, a designation that
allows the requested RCX -20 zoning. Accordingly, this request would not
be inconsistent with the LUPAG map.
B. General Plan Policies
The requested zoning would be consistent with the goals, policies, and
standards of the Economic and Land Use Elements of the General Plan.
Specifically, the more pertinent ones follow:
t. Economic Element
Goals
• Provide residents with opportunities to improve their quality of
life.
• Economic development and improvement shall be in balance
with the physical and social environments of the island of
Hawaii.
• The County of Hawaii shall strive for diversity and stability in its
economic system.
• The County shall provide an economic environment that allows
new, expanded, or improved economic opportunities that are
compatible with the County's natural and social environment.
Policies
• The County shall provide an economic environment that allows
new, expanded, or improved economic opportunities that are
compatible with the County's natural and social environment.
15
• The County shall strive for an economic climate which provides
its residents an opportunity for choice of occupation.
• The County shall strive for diversification of its economy by
strengthening existing industries and attracting new endeavors.
• The County shall encourage the development of a visitor
industry which is consistent with the social, physical, and
economic goals of the residents of the County.
Discussion
The request would provide opportunities for a dental clinic or office
to establish itself in an area that is serviced by a good
transportation system. Relatedly, all required infrastructure is there
or., if not and /or needed., will be .provided by the applicant without
taxing government's servicing ability.
Further, the area is located proximate to residential., University, and
business areas, making the site accessible also by foot traffic.
There are schools, the University, commercial uses, and residential
uses all within the immediate area. Because of the type of use
(office) and its small- scaled nature, the requested project should be
consistent with the land use pattern in this area, while making it
convenient for the region and surrounding neighborhoods.
2. Land Use Element (Commercial)
Goals
• Provide for commercial developments that maximize
convenience to its users.
• Provide commercial developments that complement the overall
pattern of transportation and land usage within the island's
regions, communities, and neighborhoods.
Policies
• Commercial facilities shall be developed in areas adequately
served by necessary services, such as water, utilities, sewers,
and transportation systems. Should such services not be
available, the development of more intensive uses should be in
concert with a localized program of public and private capital
improvements to meet the expected increased needs.
• Distribution of commercial areas shall be such as to best meet
the demands of neighborhood, community and regional needs.
• The development of commercial facilities should be designed to
fit into the locale with minimum intrusion while providing the
desired services. Appropriate infrastructure and design
controls shall be incorporated into the review of such
developments.
Standards
• Commercial developments shall be located in areas adequately
served by transportation, utilities, and amenities. Commercial
developments shall provide for adequate internal circulation
amongst commercial facilities in the area.
• Off- street parking and loading facilities shall be provided.
• Commercial development shall maintain or improve the quality
of the present environment through the consideration of visual,
access, landscaping, and other design elements in their
development.
• Preference shall be given to commercial lands with a
reasonably level topography.
Discussion
As the City of Hilo and its surrounding area continue to grow, there
will be a need for more office space in different parts of Hilo.
However, not all type of office area needs to be in large structures.
They can be within smaller structures, particularly where an area is
in transition from residential to commercial. And this is the case
here. From a visual and infrastructure perspective, the proposed
use would not overwhelm the surrounding area.
The subject site also fulfills other policies and standards articulated
in the General Plan. The site is already serviced by adequate
infrastructure, and where there are not, will be extended and /or
provided by the applicant. The County water line is already
available to the subject site. The applicant will construct its own
wastewater system.
Police and fire protective services are available within a 5- minute
response time. As such, this project should not require addition
public services to be .provided.
The site does not have any on -site developmental constraints.
The land is relatively level and is designated "X" on the FIRM map.
Further, because office use is not noxious, potential pollution
concerns would be minimal, if at all.
Being used as a residence in the past, the prospects of the site
serving as a habitat for rare or endangered plant or animal life
appear remote. There is also little evidence that the site would have
any archaeological feature.
Because of the proposed scale and type of use, the request would
be - ironically - generally compatible with the surrounding
residential area as well as the growing mix of commercial uses.
To further mitigate potential visual and noise impact, additional
landscaping can be provided adjacent to the surrounding residential
properties.
Finally, the standards for an office building will be fulfilled. These
include the acreage, setbacks, uses, parking, etc.
C. Hilo Community Development Plan
As noted earlier, the Hilo CDP was adopted in- 1975 by the Planning
Commission to serve as a guide to the General Plan. Although the site is
designated RM -4, many changes have occurred over the past 25 years,
making many of the planning assumptions obsolete.
D. Zoning
If the request were approved, a new single -story structure would be built.
All of the requirements relative to height, setback, landscaping, and
parking, and the like would be complied with. No variances from the
Code are anticipated.
It should be noted that there are schools, commercial retail, commercial
office, and multiple - family residential uses proximate to this area.
E. Hawaii State Plan
Chapter 226, Hawaii Revised Statutes, outlines the long -range goals and
policies of the Hawaii State Plan. Said Plan is intended to serve as a
guide for the growth and future long -range development of the State.
Pursuant to said requirement, a discussion of the pertinent policies and
goals and the project's relationship follows:
18
Goals
• A strong, viable economy characterized by stability, diversity, and
growth that enables the fulfillment of the needs and expectations of
. Hawaii's present and future generations
• A desired physical environment characterized by beauty, cleanliness,
quiet, stable and natural systems, and uniqueness that enhances the
mental and physical well -being of the people
• Physical, social and economic well -being for individuals and families
that nourishes a sense of community responsibility and caring of
participation in family life.
Discussion
The proposed project would achieve these goals. It would provide both
direct and indirect employment opportunities for current and future
residents of the island; contribute to the island's overall tax base and
hence, increase both State and County revenues; and complement and
support other economic uses and in turn, contribute to the stability,
diversity, and growth of local and regional economies.
This employment opportunity would come without adversely affecting the
environment. There is no known wildlife or plant life listed as either
endangered or threatened on the subject site. Then, too, because of its
historical agricultural use, the likelihood of finding archaeological features
on the site is quite remote.
Impacts to the surrounding areas would also not be significantly adverse.
All required infrastructures are or will be improved by the applicant prior to
occupancy of the structure. These include possible sidewalk
improvement along Kilauea Avenue and the wastewater and water
systems.
Furthermore, the provision and /or retention of natural landscaped buffers
around the perimeter of and selected portions within the project site would
also help mitigate any adverse visual and noise impacts to neighboring
residential properties.
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
19
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. Nonetheless,
a general review of a project's consistency to the CZM policies -
regardless of its location - must still be made.
In that regard, please note the following:
• The proposed project will not have any substantial adverse
environmental or ecological effect. (Please refer to discussions in
Chapters V, VI, and VII). Any effect that may result will be minimized
to the extent practicable and will be clearly outweighed by public
interest.
• The .proposed development would be consistent with the objectives of
the CZM program. Specifically:
• there would be no impact to the area's recreational resources.
This is not a shoreline property;
• because of its historical residential use, the project site should
not have any remaining historical resources. Any inadvertent
find during the course of construction can be appropriately
mitigated;
• the project will not affect any scenic and open space resources;
• the coastal ecosystem will not be impacted;
• there will be more employment opportunities, and hence
furthering the economic uses of the site;
• the site is more than a mile from the shoreline, and thus there
would be no coastal hazard or beach erosion or marine
resource impacts; and
• public participation will be achieved through the hearings on this
request and the posting of a sign on the property of this request.
• The proposed development is consistent with the County General Plan
and other appropriate regulatory tools, such as the Zoning Code.
DEPARTMEN14 OF PUBLIC WORKS
COUNTY OF HAWAII
ILO HAWAII
DATE: October 28, 2011
TO: BJ Leithead Todd, Planning Director
FROM: De rtm
aent of Public Works
p
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 11- 000146)
Applicant: Takata Dental Health Center, Inc.
Request: RS -10 to RCX -20
Tax Map Key: 2 -2 -38: 028
We have reviewed the subject application forwarded by your memo dated September 30,
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 parcel is in an area designated as Zone X on the Flood Insurance Rate Map
(FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area
determined to be outside the 500 -year floodplain.
The Zoning Map (Ordinance No. 187) classifies Kilauea Avenue as a secondary arterial.
Based on the proposed zoning, we recommend the applicant provide improvements to the
subject property's Kilauea Avenue frontage consisting of the reconstruction of the exiting
concrete curb and sidewalk (from curb face to the property line) meeting the requirements
of the Americans with Disabilities Act and standards of the Department of Public Works.
Questions may be referred to Kelly Gomes at ext. 8327.
Planning Dept.
Exhibit 3
County of Hawaii is an Equal Opportunity Provider and Employer
SCANNED
BY: 0'7 5 0 3 8
DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
3 4 5 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720
TELEPHONE (808) 961 -8050 • FAX (808) 961 -8657
October 31, 2011
TO: Ms. BJ Leithead -Todd, Planning Director
Planning Department
FROM: Milton D. Pavao, Manager -Chief Eningeer
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 11- 000144)
APPLICANT — TAKATA DENTAL HEALTH CENTER, INC.
REQUEST: RS -10 TO RCX -20
TAX MAP KEY 2- 2- 038:028
We have reviewed the subject application and have the following comments and conditions.
There is an existing 10 -inch waterline within Kilauea Avenue fronting the subject parcel. 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
Hawai`i, for review and approval. The water usage calculations should include the total estimated
maximum daily water usage (in gallons per day) and the estimated peak flow (in gallons per minute).
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 10 -inch waterline within Kilauea 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.
Planning Dept. SCANNED
Exhibit , ... `Water, Our Most Precious Resource ... 7�a Wai ti pane ... B3'Oda fi
ThP nPnartmant of W,,tar Si innh, is an Fn. jai
Ms. BJ Leithead Todd, Planning Director
Page 2
October 31, 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,
Milto
Mana
FM:dfg
copy — Takata Dental Health Center, Inc.
Sidney M. Fuke, Planning Consultant
. Pavao, P.E.
Chief Engineer
William P. Keil&
Mayor
October 10, 2011
TO : BJ LEIT
FROM : H N
AREA
SUBJECT:
County of Hawaii
POLICE DEPARTMENT
349 Kapiolani Street • Hilo, Hawai`i 96720 -3998
(808) 935 -3311 • Fax (808) 961 -8865
EAD O ' LANNING DIRECTOR
TAVA '., ASSISTANT POLICE CHIEF
II(DPERATIO
CHANGE OF ZONE ''LICATION (REZ 11- 000146)
APPLICANT: TAKATA DENTAL HEALTH CENTER, INC.
REQUEST: RS -10 TO RCX -20
TAX MAP KEY: 2 -2- 038:028
Harry S. Kubojiri
Police Chief
Paul K. Ferreira
Depute' Police Chief
Staff, upon review of the provided documents and visiting the proposed project, does not
anticipate any significant impact to traffic and /or other public safety concerns.
Thank you for allowing us the opportunity to comment.
If you have any questions, please contact Captain Robert Wagner, S. Hilo District
Commander, at 961 -2214.
RW:IIi
110673
Planning Dept.
Exhibit f
"Hawai'i County is an Equal Opportunity Provider and Employer"
SCANNED
OCT 1271i
: 0 7 4. .--
4
William P. Kenoi=:.,`
Mayor
October 21, 2011
S.4
Couutp of Ti9ctivari
HAWAI'I FIRE DEPARTMENT
25 Aupuni Street • Room 2501 • Hilo, Hawai`i 96720
(808) 932 -2900 • Fax (808) 932 -2928
TO: BJ LEITHEAD TODD, PLANNING DIRECTOR
FROM: DARREN J. ROSARIO, FIRE CHIEF e--
SUBJECT: CHANGE OF ZONING APPLICATION (REZ 11- 000146)
APPLICANT: TAKATA DENTAL HEALTH CENTER, INC.
REQUEST: RS -10 TO RCX -20
TAX MAP KEY: 2 -2- 038:028
Darren J. Rosario
Fire Chief
Renwick J. Victorino
Deputy Fire Chief
In regards to the above - mentioned Change of Zone application, the following shall be in
accordance:
Fire apparatus access roads shall be in accordance with UFC Section 10.207:
"Fire Apparatus Access Roads
"Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained
in accordance with the provisions of this section.
"(b) Where Required. Fire apparatus access roads shall be required for every building
hereafter constructed when any portion of an exterior wall of the first story is located more
than 150 feet from fire department vehicle access as measured by an unobstructed route
around the exterior of the building.
"EXCEPTIONS: 1. When buildings are completely protected with an approved
automatic fire sprinkler system, the provisions of this section may be modified.
"2. When access roadways cannot be installed due to topography, waterways,
nonnegotiable grades or other similar conditions, the chief may require additional
fire protection as specified in Section 10.301 (b).
Planning Dept.
Exhibit 1D
SCA
NF
Ptv 014' 'in
Hawai'i County is an Equal Opportunity Provider and Employer.
BJ Leithead Todd
October 21, 2011
Page 2
"3. When there are not more than two Group R, Division 3 or Group M
Occupancies, the requirements of this section may be modified, provided, in the
opinion of the chief, fire - fighting or rescue operations would not be impaired.
"More than one fire apparatus road may be required when it is determined by the chief that
access by a single road may be impaired by vehicle congestion, condition of terrain, climatic
conditions or other factors that could limit access.
"For high -piled combustible storage, see Section 81.109.
"(c) Width. The unobstructed width of a fire apparatus access road shall meet the
requirements of the appropriate county jurisdiction.
"(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical
clearance of not less than 13 feet 6 inches.
"EXCEPTION: Upon approval vertical clearance may be reduced, provided such
reduction does not impair access by fire apparatus and approved signs are installed
and maintained indicating the established vertical clearance.
"(e) Permissible Modifications. Vertical clearances or widths required by this section
may be increased when, in the opinion of the chief, vertical clearances or widths are not
adequate to provide fire apparatus access.
"(f) Surface. Fire apparatus access roads shall be designed and maintained to support the
imposed loads of fire apparatus and shall be provided with a surface so as to provide all -
weather driving capabilities." (20 tons)
"(g) Turning Radius. The turning radius of a fire apparatus access road shall be as
approved by the chief." (45 feet)
"(h) Turnarounds. All dead -end fire apparatus access roads in excess of 150 feet in length
shall be provided with approved provisions for the turning around of fire apparatus.
"(i) Bridges. When a bridge is required to be used as access under this section, it shall be
constructed and maintained in accordance with the applicable sections of the Building Code
and using designed live loading sufficient to carry the imposed loads of fire apparatus.
"(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum
approved by the chief." (15 %)
BJ Leithead Todd
October 21, 2011
Page 3
"(k) Obstruction. The required width of any fire apparatus access road shall not be
obstructed in any manner, including parking of vehicles. Minimum required widths and
clearances established under this section shall be maintained at all times.
"(1) Signs. When required by the fire chief, approved signs or other approved notices shall
be provided and maintained for fire apparatus access roads to identify such roads and
prohibit the obstruction thereof or both."
Water supply shall be in accordance with UFC Section 10.301(c):
"(c) Water Supply. An approved water supply capable of supplying required fire flow for
fire protection shall be provided to all premises upon which buildings or portions of
buildings are hereafter constructed, in accordance with the respective county water
requirements. There shall be provided, when required by the chief, on -site fire hydrants and
mains capable of supplying the required fire flow.
"Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or
other fixed systems capable of providing the required fire flow.
"The location, number and type of fire hydrants connected to a water supply capable of
delivering the required fire flow shall be protected as set forth by the respective county
water requirements. All hydrants shall be accessible to the fire department apparatus by
roadways meeting the requirements of Section 10.207.
DARREN J. ROSARIO
Fire Chief
KT:lpc
NEIL ABERCROMBIE
GOVERNOR
26
MEMORANDUM
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 916
HILO, HAWAII 96721 -0916
DATE: October 11, 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 13'"
Acting District Environmental Health Program Chief
SUBJECT: Change of Zone Application (REZ 11- 000146)
Applicant: Takata Dental Health Center, Inc.
Request: RS -10 to RCS -20
Tax Map Key: 2 -2- 038:028
The use of individual wastewater systems is allowed. The type and number of individual
wastewater systems to be used will be determined by the wastewater rules in effect at the time of
building permit application.
Construction activities must comply with the provisions of Hawaii Administrative Rules,
Chapter 11 -46, "Community Noise Control."
1. The contractor must obtain a noise permit if the noise levels from the construction
activities are expected to exceed the allowable levels of the rules.
2. Construction equipment and on -site vehicles requiring an exhaust of gas or air
must be equipped with mufflers.
3. The contractor must comply with the requirements pertaining to construction
activities as specified in the rules and the conditions issued with the permit.
Should there be any questions on this matter, please contact the Department of Health at
933 -0917.
The Department of Health does not have any objections to the proposed change in land uses.
However, existing or planned land use activities adjacent to the proposed residential area should
be compatible with a residential neighborhood.
We recommend that you review all of the Standard Comments on our website:
http: / /hawaii.gov/health /environmental/ env - planning /landuse /landuse.html. Any comm
specifically applicable to this project should be adhered to. SCANNED
Planning Dept. U;rl4
Exhibit 7 ,:
BJ Leithead Todd
October 11, 2011
Page 2 of 2
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- 000146.my
William P. Kenoi
Maya)
Gunfv. Patinti`i
®ffire of "'using anb eumntunit !Pirtinjrmruf
50 Wailuku Drive • Hilo, Hawai`i 96720 • (808) 961 -8379 • Fax (808) 961 -8685
KONA: 74 -5044 Ane Keohokalole Highway • Kailua -Kona, Hawai`i 96740
(808) 323 -4305 • Fax(808)323 -4301
October 19, 2011
MEMORANDUM
TO: Bobby -Jean Leithead Todd
Planning Department
FROM: ,Ij,�St( phen J. Arnett
U Housing Administrator
SUBJECT: Change of Zone Application (REZ 11- 000146)
Applicant: Takata Dental Health Center, Inc.
Request: RS -10 to RCX -20
Tax Map: (3) 2 -2- 038:028
The Office of Housing and Community Development has
reviewed the application and determined that Affordable
Housing Conditions are applicable to the subject request.
However if residential uses are planned in the future,
affordable housing requirements would be imposed at that
time.
Thank you for the opportunity to comment.
G: /Planning /2094pasr.docx
Planning Dept.
Exhibit 8
Stephen J. Arnett
Housing Administrator
Niniau K. Simmons
Assistant Housing
Administrator
EQUAL HOUSING OPPORTUNITY
"HAWAI'I COUNTY IS AN EQUAL OPPORTUNITY
PROVIDER AND EMPLOYER"
NEIL ABERCROMBIE
GOVERNOR OF HAWAII
STATE OF HAWAII
DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
County of Hawaii
Planning Department
Attention: Ms. Maija Cottle
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Dear Ms. Cottle:
POST OFFICE BOX 621
HONOLULU, HAWAII 96809
November 2, 2011
WILLIAM J. AILA, JR.
HOMO IIF !AND AND ATURA.RF_SNIRCP_S
commmSRIN ON WATER RESOURCE MANAIIIIII•M
via email: mcottle @co.hawaii.hi.us
SUBJECT: Change of Zone Application (REZ 11- 000146) for Takata Dental Health
Center, Inc. - 1732 Kilauea Avenue, Hilo, Hawaii; TMK: (3) 2 -2- 038:028
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.
Enclosure
Sincerely,
-- lussell Y. Tsuji
Land Administrator
No. of Pages: LI-
Planning Dept.
Exhibit q 07 513 6
NEIL ABERCROMBIE
GOVERNOR OF HAWAII
STATE OF HAWAII
DEPART3YIE trOp LAUD AyD 4ATURAL RESOURCES
LAND DIVISi
POST OFFICE BOX 621
rate of HO HONOLULU, HAWAII 96809
TO:
October 24 2011
MEMORANDUM
DLNR Agencies:
_Div. of Aquatic Resources
_ Div. of Boating & Ocean Recreation
X Engineering Division
_Div. of Forestry & Wildlife
_Div. of State Parks
X Commission on Water Resource Management
_Office of Conservation & Coastal Lands
X Land Division — Hawaii District
Historic Preservation
WII:LIAM J. AILA, M.
❑ ppILS5OONN
BO.VIDIJF LAND Mh17URA MOIRM1
COMM65I0N ON WAIFR RESOURCE MANAOFAIINT
r
FROM: ssell Y. Tsuji, Land Administr
SUBJECT: Change of Zone Application (REZ 11- 000146) for Takata Dental Health
Center, Inc.
LOCATION: 1732 Kilauea Avenue, Hilo, Hawaii; TMK: (3) 2 -2- 038:028
APPLICANT: County of Hawaii, Planning Department
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 31, 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
cc: Central Files
( ) We have no objections.
( ) We have no comments.
(j/) Co 11R ents are attached.
Signed:
Date: f d
075136
DEPARTMENT OF LAND AND NATURAL RESOURCES
ENGINEERING DIVISION
DL/DarleneN aka mura
REF.: ChangeZoneTakataDentalHea lthCenter
Hawaii.536
COMMENTS
(X) We confirm that the project site, according to the Flood Insurance Rate Map (FIRM),
is located in Zone X. The National 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. Frank DeMarco at (808) 961 -8042 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.
() he applicant should provide the water demands and calculations to the Engineering Division so it
can be included in the State Water Projects Plan Update
() Additional Comments:
(X) Other: We do not have any objections to the request of rezoning a parcel of land consisting
of I acre from Single- Family Residential (RS -10) to Residential - Commercial Mixed Use
(RCX -20) for Takata Dental Health Center, Inc.
Should you have any questions, please call Ms. Suzie S. Agraan of the Planning Branch at 587 -0258.
Signed:
CAR
, CHIEF ENGINEER
Date: /%/
0751.36
/
NEIL ABERCROMBIE
GOVERNOR OF HAWAII
TO:
FROM:
SUBJECT:
LOCATION:
APPLICANT:
STATE OF HAWAII
DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
POST OFFICE BOX 621
HONOLULU, HAWAII 96809
October 24, 2011
MEMORANDUM
DLNR Agencies:
_Div. of Aquatic Resources
_Div. of Boating & Ocean Recreation
X Engineering Division
_Div. of Forestry & Wildlife
_Div. of State Parks
X Commission on Water Resource Management
Office of Conservation & Coastal Lands
X Land Division Hawaii District
_Historic Preservation
WILLIAM 1 AILA, JR.
CHAIRPERSON
BOARD OF LAND AND MOHRAL RESOURCES
COMM65RBi ON WAIER,RESOURCE MAVAGINENT
2011 OCT 2.8 A 11: 13
1RECEIVED N ON
HILQ.= WAWA II
ssell -- Tsuji, Land Administr 6
Change of Zone Application (REZ 11- 000146) for Takata Dental Health
Center, Inc.,
1732 Kilauea Avenue, Hilo, Hawaii; TMK: (3) 2- 2- 038:028
County of Hawaii, Planning Department
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 31, 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.
( ) Comments are attached.
cc: Central Files
oh13b
modeSidneyFuke, Planning Consultant
mi■Wmw 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720
Telephone: (808) 969 -1522 • Fax: (808) 969 -7996
E -mail: sidfuke@hawaiiantel.net
Ms. B7 Leithead Todd, Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, Hawai'i 96720
Dear Ms. Leithead Todd:
PLA
'INC; DEPART MENT
2011 NOV 15 AM 11: 08
November 15, 2011
Subject: Rezoning Application (REZ 11- 000146)
Takata Dental Health Center, Inc.
Waiakea, South Hilo, HI, TMK: 2 -2 -038: 028
• Planning • Variance • Zoning
• Subdivision • Land Use Permits
• Environmental Reports
Thank you for providing me with a copy of agency comments to date. In response to
these comments, we note the following:
a. The State Department of Land Natural Resources - Historic Preservation Division
determined that the project "will have no effect on historic property" due in large
measure to the existing residential use and disturbed nature of the site. A copy of this
letter is enclosed;
b. The Land Division and Engineering Division of the State Department of Land Natural
Resources had no comments or objections to the request
c. Relative to the County Department of Public Works' comments, the applicant is
prepared to provide a future road widening setback fronting Kilauea Avenue, as well
as improve the sidewalk fronting the subject property.
d. The Department of Water Supply noted that water is available. The applicant is
prepared to install a backflow preventer as well as submit a estimated maximum daily
water usage calculations prepared by a registered engineer to determine the actual
water needs.
We trust that the above adequately responded to the comments. If not or if there are
further questions or comments, please feel free to contact me. Thank you very much.
'merely,
'VO\
SIDNEY M. FUKE
Planning Consultant
Enclosure — DLNR -SHPD comments
Copy — Takata Dental Health Center, Inc. w/ enclosure via email
Planning Dept,
Exhibit %D
SCANNED
Novi 5 2011
By: 075310
NEIL ABERCROMBIE
GOVERNOR OF HAWAII
/
STATE OF HAWAII
DEPARTMENT OF LAND AND NATURAL RESOURCES
HISTORIC PRESERVATION DIVISION
KAHUHIHEWA BUILDING
601 KAMOKILA BLVD, KAPOLEI HI 96706
WILLIAM J. AILA, JR.
CHAILPERSON
BOARD OF LAND AND NATURAL RESOURCES
COMMISSION ON WATER RESOURCE MANAGEMENT
GUY H. KAULUKUKUI
FIRST DFPUIY
WILLIAM M. TAM
DEPUTY DIRECTOR - WATER
AQUATIC RESOURCES
BOATING AND OCEAN RECREATION
BUREAU OF CONVEYANCES
COMMISSION ON WATER RESOURCE MANAGEMENT
CONSERVATION AND COASTAL LANDS
CONSERVATION AND RESOURCES ENFORCEMENT
ENGINEERING
FORESTRY AND WILDLIFE
HISTORIC PRESERVATION
KAIIDOLAWE ISLAND RESERVE COMMISSION
LAND
STATE PARKS
DATE: October 27, 2011 LOG: 2011.2545
DOC: 1110MA24
TO:
Sidney Fuke
100 Pauahi Street
Hilo, HI 96720
SUBJECT: Section 42 Historic Preservation Review
Project: Takata Dental Health Center
Permit: Change of Zoning
Owner: Takata
Location: ' 1732 Kilauea Avenue, Hilo
Tax Map Key: (3) 2 -2 -038: 028
ARCHITECTURE
This letter is in response to your letter dated September 21, 2011, received in the State Historic Preservation
Division on September 23, 2011. Your client intends to apply for a change of zoning from Residential (RS -10) to
Mixed Residential - Commercial (RCX -20) for his one acre site in Hilo. The proposal is to retain the existing
dwelling on the property as a residence, and construct a new building to the front and side of the dwelling for use as
a dental office. The Area of Potential Effect (APE) for this project is the parcel on which the building stands.
According to tax office records the house was constructed in 1940. The building is a single story, single wall
residence with a corrugated metal, hipped roof with open, overhanging eaves with exposed rafter tails. It sits on a
large landscaped lot on a raised foundation, which is partially concrete and partially post and pier. The walls are of
vertical tongue and groove and the front windows are sliding with three horizontal panes in each. The house retains
a high degree of historic integrity and meets the criteria for listing on the Hawaii of Historic Places under Criterion
C as a good example of a single wall residence constructed in Hilo during the late 1930 -1940 period. It embodies
the distinctive characteristics of its period through its design, materials, craftsmanship and methods of construction.
In reviewing the proposed project the State Historic Preservation Division examined the plans provided, as well as
consulting internet resources, including a photograph from Google Earth.
The proposed new development is sited a sufficient distance from the historic house, and as such the State Historic
Preservation Division determines this project will have no effect upon historic property.
Any questions should be addressed to Lorraine Minatoishi, at (808) 942 -7474 (office), (808) 285 -1184 (cell) or
lm @mahawaii.com.
Mahalo for the opportunity to comment.
Angie Westfall
Architecture Branch Chief, Hawaii Historic Preservation Division
In the event that historic resources, including human skeletal remains, lava tubes, and lava blisters/bubbles are identified during
construction activities, all work should cease in the immediate vicinity of the find, the find should be protected from additional
disturbance, and the State Historic Preservation Division should be contacted immediately at (808) 692 -8015.
Comm. 525 /Bill 167
RTakataREZ. doc -11 /18/1 1
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
TAKATA DENTAL HEALTH CENTER, INC.
CHANGE OF ZONE APPLICATION (REZ 11 -146)
Upon careful review of the request against the guidelines for granting a change of zone,
the Planning Director recommends that a favorable recommendation for the Change of
Zone request be forwarded to the County Council. Since this recommendation is made
without the benefit of public testimony, the Director reserves the right to modify and/or alter this
position based upon additional information presented at the public hearing. This favorable
recommendation is based on the following findings:
The applicant is requesting a Change of Zone from a Single - Family Residential —
10,000 square feet (RS -10) to a Residential- Commercial Mixed Use — 20,000 square feet
(RCX -20) zoning district for approximately 1.0 acre of land in order to establish a single -
story approximately 4,200 - square foot dental office building on the property. Currently,
the applicant operates a dental clinic that provides general and pediatric dentistry at 445
Waianuenue Avenue. Rather than improving the existing clinic which has limitations
due to the old age of the building and small size of the property, the applicant proposes to
relocate the clinic to the subject property which is capable of accommodating more on-
site parking and a new building with modern dental technology. In addition to
constructing a new 4,200 - square foot dental office building, the applicant proposes to
retain the use of the existing dwelling as a residence at this time. However, there is a
possibility that an additional medical office building could be constructed in the vicinity
of the existing dwelling in the future. On -site parking and landscaping meeting the
requirements of the zoning code will be provided.
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 a Single - Family Residential (RS -10) to a
Residential - Commercial Mixed Use (RCX -20) zoning district conforms to applicable
goals, policies and standards of the General Plan. According to the Zoning Code, the
purpose of the Residential - Commercial Mixed Use zoning district is to provide for the
mixing of some small -scale service type commercial uses in a district that is primarily
residential in character. The intent of this district is to allow a residential area to have
certain convenience type of commercial uses while maintaining the neighborhood
character of the residential area. The subject property is located within a primarily
residential area of Hilo. Immediately surrounding lands are zoned RS -10 and consist of
single - family dwellings. A 76 gas station is located about 200 feet to the north on
property that was rezoned in 1997 from RS -10 to CN -10. A property located about 100
feet to the south is zoned RM -4 and contains a duplex. The University of Hawaii at Hilo
is located about half a mile from the subject property. The applicant's request to provide
dental health services in this predominately residential area of Hilo would be convenient
to surrounding residents and students, and is therefore consistent with the intent of the
Zoning Code.
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 request to change the zoning to a
Residential- Commercial Mixed Use (RCX) zoning district conforms to the LUPAG Map,
which designates the property and the surrounding area as Medium Density Urban. Such
designation allows village and neighborhood commercial uses and single - family and
multiple - family residential uses and related functions, up to 35 units per acre. In addition
to being consistent with the LUPAG Map, the request would also support the following
goals and policies of the General Plan Land Use element:
• Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the
County.
• Encourage the development and maintenance of communities meeting the
needs of its residents in balance with the physical and social environment.
• The development of commercial facilities should be designed to fit into
the locale with minimal intrusion while providing the desired services.
Appropriate infrastructure and design concerns shall be incorporated into
the review of such developments.
The subject property is located in close proximity to the University in an area of Hilo
that is primarily single - family residential in character but is interspersed with
convenience -type commercial uses and multiple - family residential uses. The proposed
change of zone would complement the existing residential and commercial land uses
that already exist in this area and will provide for an orderly development of an area
adequately served by necessary services such as water, utilities, sewers and
transportation systems. Based on the above findings, the request will conform to the
Zoning Code and General Plan.
It should also be noted that one of the goals of the General Plan is to provide
affordable housing to Hawai`i residents. According to the Office of Housing and
Community Development (Exhibit 8), the affordable housing requirements of the County
Code would generally apply to this change of zone request since residential units or lots
can be developed in the RCX zoning district. However, the applicant's request for RCX-
20 zoning would only allow up to two (2) residential units to be developed on the subject
property which is below the threshold (five or more residential units or lots) for requiring
developers to provide affordable housing. Therefore, the standard affordable housing
condition of approval has not been included in the draft bill for this change of zone
request.
All essential utilities and services are available to the site. Access to the
property is from Kilauea Avenue, which is a four -lane County roadway with a pavement
width of approximately 44 feet within a 60 -foot wide right -of -way. The General Plan
-3-
identifies Kilauea Avenue as a secondary arterial street requiring a right -of -way width of
80 feet. Therefore, a ten -foot wide future road widening strip along the property's
Kilauea Avenue frontage would be needed to eventually widen the road to 80 feet. There
is an existing concrete curb and sidewalk fronting the subject property which the
Department of Public Works recommends be reconstructed to meet the requirements of
the Americans with Disabilities Act. Therefore, conditions of approval for the change of
zone will address these recommendations.
Traffic will not increase significantly at the site based on the applicant's initial
plans to develop an approximately 4,200 - square foot dental office building, which will
generate approximately 16 a.m. peak hour trips and 19 p.m. peak hour trips according to
the ITE Trip Generation Manual, 7th Edition. However, to be consistent with the
concurrency requirements of the Zoning Code, the Planning Department recommends a
condition of approval be included to require submittal of a Traffic Impact Analysis
Report (TIAR) if a land use is developed that would generate over 50 peak hour trips,
and that the applicant be responsible for constructing any improvements identified in the
TIAR required by the Department of Public Works.
The property has no severe geological or topographical problems which cannot
be properly rectified or which would render the land unusable, and is located in flood
zone "X" which is an area determined by FEMA to be outside the 500 -year flood plain.
County water is available from an existing 10 -inch waterline within Kilauea
Avenue fronting the property. The property is currently served by a 5/8 -inch meter
which is limited to an average daily usage of 400 gallons. The applicant will submit
water usage calculations to the Department of Water Supply in order to determine
whether the existing water meter will be adequate to provide water to the proposed
development, or if a larger or additional water meter is needed. The 10 -inch waterline
fronting the property is also capable of providing the required pressure of 2,000 gallons
per minute of water flow for fire protection for commercial land uses.
A cesspool on the property services the existing dwelling. Wastewater generated
by the proposed development will be disposed of by individual wastewater system(s)
meeting the requirements of the Department of Health. There are no municipal waste
-4-
collection services in the County. Therefore, all solid waste generated by development of
the property will require private disposal at the Hilo landfill. Electrical and telephone
services are available to the property. Police, fire services and medical services are
available nearby in Hilo.
This favorable recommendation is made with the understanding that the applicant
remain responsible for complying with all other applicable governmental requirements in
connection with uses permitted within the Residential - Commercial Mixed Use zoning
district, 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.
Based on the above findings, the request to rezone the property from a Single -
Family Residential - 10,000 square feet (RS -10) to Residential- Commercial Mixed Use -
20,000 square feet (RCX -20) zoned district would result in an appropriate land use
pattern that would further benefit the general public.
The accompanying draft bill to amend Section 25 -8 -33 (Hilo Zone Map), Article 8,
Chapter 25 (Zoning Code) of the Hawai`i County Code, is provided for your favorable
consideration. Please note the proposed conditions of approval attached to the draft bill.
COUNTY OF HAWAII
STATE OF HAWAII
BILL NO.
ORDINANCE NO.
(Pk v atv
AN ORDINANCE AMENDING SECTION 25 -8 -33 (CITY OF HILO ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983
(2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE -
FAMILY RESIDENTIAL — 10,000 SQUARE FEET (RS -10) TO RESIDENTIAL -
COMMERCIAL MIXED — 20,000 SQUARE FEET (RCX -20), AT WAIAKEA, SOUTH HILO,
HAWAII, COVERED BY TAX MAP KEY 2 -2- 038:028.
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 Hawai`i
County Code 1983 (2005 Edition), is amended to change the district classification of property
described hereinafter as follows:
The district classification of the following area situated at Waiakea, South Hilo,
Hawai`i, shall be Residential - Commercial Mixed — 20,000 square feet (RCX -20):
Beginning at an iron pipe at the West corner of this lot and the South corner of
Lot 6, Block 302, the coordinates of said point of beginning referred to Government
Survey Triangulation Station "HALAI" being 5591.5 feet South and 8224.6 East, as
shown on Government Survey Registered Map No. 2600 and running by true azimuths:
1. 238° 10'
2. 328° 10'
242.0 feet along Lot 6, Block 302, to an iron pipe;
180.0 feet along the West side of Volcano Road to
an iron pipe;
3. 58° 10' 242.0 feet along Lot 4, Block 302, to an iron pipe;
4. 148° 10'
180.0 feet along Lot 14, Block 302, to the point of
beginning and containing an area of 1.00
acre.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25 -2 -44, Hawai`i County Code 1983 (2005
Edition), the County Council finds the following conditions are:
Necessary to prevent circumstances which may be adverse to the public health, safety
and welfare; or
(1)
Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
SEE ATTACHED CONDITIONS
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
SINGLE - FAMILY RESIDENTIAL -
10,000 SQFT (RS -10)
TO RESIDENTIAL - COMMERCIAL
MIXED - 20,000 (RCX -20)
TOTAL AREA =1 ACRE
0
125
250
500
750
1,000
AMENDMENTTOTHE ZONING CODE
AMENDING SECTION 25 -8 -33 (CITY OF HILO ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
SINGLE - FAMILY RESIDENTIAL- 10,000 SQFT (RS -10) TO
RESIDENTIAL - COMMERCIAL MIXED - 20,000 SQFT (RCX -20),
AT WAIAKEA, SOUTH HILO, HAWAII
TMK: (3) 2 -2- 038:028
MAP PREPARED BY:
COUNTY OF HAWAII, PLANNING DEPARTMENT
DATE: SEP 27, 2011
EXHIBIT "A"
Takata Dental Health Center, Inc.
Man 1'117
CrakataREZ. doc-1 1 /18/1 1
TAKATA DENTAL HEALTH CENTER, INC.
CHANGE OF ZONE APPLICATION (REZ 11 -146)
CONDITIONS OF APPROVAL
A. The applicant, successors or assigns shall be responsible for complying with all of the
stated conditions of approval.
B. Construction of the proposed development shall be completed within five (5) years from
the effective date of this ordinance. Prior to construction, the applicant, successors or
assigns shall secure Final Plan Approval for the proposed development from the Planning
Director in accordance with Section 25 -2 -70, Chapter 25 (Zoning Code), Hawai`i County
Code. Plans shall identify all existing and/or proposed structures, paved driveway access
and parking stalls associated with the proposed development. Landscaping shall be
indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to
adjacent properties in accordance with the requirements of Planning Department's Rule
No. 17 (Landscaping Requirements) and Chapter 25 (Zoning Code), Hawaii County
Code.
C. 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 prepared
by a professional engineer licensed in the State of Hawaii, and a water commitment
deposit in accordance with the "Water Commitment Guidelines Policy" to the
Department of Water Supply within 180 days from the effective date of this ordinance.
D. The applicant shall install a reduced pressure type backflow prevention assembly within
five (5) feet of the existing water meter and any additional water meters on private
property, which must be inspected and approved by the Department of Water Supply.
Installation of the backflow prevention assembly and relocation and adjustment of the
Department of Water Supply's water system facilities, should they be necessary, shall
take into consideration the future road widening strip along Kilauea Avenue.
E. Should the applicant, successors or assigns develop a land use which the Planning
Department, in consultation with the Department of Public Works, determines will
generate over 50 peak hour trips, a Traffic Impact Analysis Report (TIAR) shall be
submitted for review and approval by the Department of Public Works prior to Final Plan
Approval. The applicant shall implement, when required by the Department of Public
Works, at no cost to the County, any transportation system improvements to Kilauea
Avenue that may be deemed necessary by the Department of Public Works.
F. To provide for future road widening improvements, a ten (10) foot wide future road
widening strip along the property's Kilauea Avenue frontage shall be delineated on the
plans submitted for Plan Approval review and dedicated, at no cost to the County, upon
its request.
G. Prior to issuance of a Certificate of Occupancy for any commercial use on the property,
the applicant shall provide improvements to the property's frontage along Kilauea
Avenue consisting of, but not limited to, reconstruction of the existing concrete curb and
sidewalk (from curb face to property line) and any required utility relocation, meeting the
requirements of the Americans with Disabilities Act and standards of the Department of
Public Works.
H. Driveway connection(s) to the Kilauea Avenue shall conform to Chapter 22, Streets and
Sidewalks, of the Hawai`i County Code.
I. The method of sewage disposal shall meet with the requirements of the Department of
Health.
J. All development - generated runoff shall be disposed of on -site and shall not be directed
toward any adjacent properties.
K. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control,
of the Hawaii County Code.
L. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell
concentrations or human burials be encountered, work in the immediate area shall cease
and the Department of Land and Natural Resources — State Historic Preservation Division
(DLNR -SHPD) shall be immediately notified. Subsequent work shall proceed upon an
archaeological clearance from the DLNR -SHPD when it finds that sufficient mitigation
measures have been taken.
M. If the applicant, successors, or assigns develop residential units on the subject property,
the applicant, successors or assigns shall make its fair share contribution to mitigate the
potential regional impacts of the development with respect to parks and recreation, fire,
police, solid waste disposal facilities and roads. The fair share contribution shall become
due and payable prior to receipt of Final Plan Approval. The fair share contribution for
each lot shall be based on the actual number of residential units developed. The fair share
contribution in a form of cash, land, facilities or any combination thereof shall be
determined by the County Council. The fair share contribution may be adjusted annually
beginning three years after the effective date of this ordinance, based on the percentage
change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall
have a maximum combined value of $7,903.35 per multiple family residential unit
($12,316.47 per single family residential unit). The total amount shall be determined by
the actual number of units according to the calculation and payment provisions set forth
in this condition. The fair share contribution per multiple family residential unit (single
family residential units) shall be allocated as follows:
$3,898.50 per multiple family residential unit ($5,939.22 per single family
residential unit) to the County to support park and recreational improvements and
facilities;
$123.21 per multiple family residential unit ($286.51 per single family residential
unit) to the County to support police facilities;
$379.01 per multiple family residential unit ($565.89 per single family residential
unit) to the County to support fire facilities;
$168.93 per multiple family residential unit ($247.75 per single family residential
unit) to the County to support solid waste facilities; and
$3,333.69 per multiple family residential unit ($5,277.10 per single family
residential unit) to the County to support road and traffic improvements.
In lieu of paying the fair share contribution, the applicant, successors or assigns
may contribute land and/or construct improvements /facilities related to parks and
recreation, fire, police, solid waste disposal facilities and roads within the region
impacted by the proposed development, subject to the review and
recommendation of the Planning Director, upon consultation with the appropriate
agencies and approval of the County Council.
N. 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.
O. The applicant, successors or assigns shall comply with all applicable County, State and
Federal laws, rules, regulations and requirements.
P. An initial extension of time for the performance of conditions within the ordinance may
be granted by the Planning Director upon the following circumstances:
1. The non - performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors or assigns,
and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed within
one year may be extended for up to one additional year).
5. If the applicant should require an additional extension of time, the
Planning Director shall submit the applicant's request to the County
Council for appropriate action.
Should any of the conditions not be met or substantially complied with in a timely fashion, the
Planning Director may initiate rezoning of the subject area to its original or more appropriate
designation.
Takata Dental Health Center, Inc.
Change of Zone Application No. 1 1 -146
Location Map with Zoning
General PIan LUPAG Map Designation
Hi►Jh DHnsity
urban
Medium Density
Urban
Low Density
Urban
Industrial
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Applicant's Request
■ Change of Zone from Single - Family
Residential - 10,000 square feet
(RS -10) to Resiential- Commercial
Mixed Use- 20,000 square feet
(RCX -20).
■ The applicant is requesting the
change of zone in order to establish
an approximately 4,200 sq ft
single -story dental office building
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■ Forward a favorable recommendation
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