HomeMy WebLinkAboutCOM 0555.000 2010-2012William P. Kenoi
Mayor
January 19, 2012
County of Hawai i
25 Aupuni Street • Hilo, Hawai`i 96720 • (808) 961 -8211 • Fax (808) 961 -6553
KONA: 74 -5044 Ane Keohokalole Highway • Kailua -Kona, Hawai'i 96740
(808) 323 -4444 • Fax (808) 326 -5663
Honorable Dominic Yagong, Chairman
and Members of the County Council
County of Hawai`i
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Yagong and Members:
Change of Zone Application (REZ 11- 000147)
Applicant: Thomas Winegar and Susan Furchgott
Request: RS -10 to RM -3
Tax Map Key: 2 -2- 038:017
William T. Takaba
Managing Director
Wally Lau
Deputy Managing Director
w
As required by Chapter 4, Sec. 6- 4.3(C), Hawai`i County Charter, transmitted herewith for the.._
County Council's consideration and action are the Windward Planning Commission's letters akd
enclosures regarding the above - referenced request.
Sincerely,
William P. Kenoi
Mayor
Enclosures
cc: Planning Department
m)
Hawaii County is an Equal Opportunit) Provider and Employer
Comm. No. $5'
Ref. To:
Ref, Date 314,2_4_ 2.6 z� _,,,
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
JAN 1 9 701?
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- 000147)
Applicant: Thomas Winegar and Susan Furchgott
Request: RS -10 to RM -3
Tax Map Key: 2 -2- 038:017
The Windward Planning Commission, after a duly held public hearing on January 5, 2012, voted
to recommend for your approval the proposed legislative bill for a Change of Zone from a Single
Family Residential — 10,000 square feet (RS -10) to a Multiple - Family Residential — 3,000 square
feet (RM -3) zoning district for approximately 42,660 square feet of land. The subject property is
located on the east side of Kino`ole Street, approximately 400 feet north of West Ohea 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:
The applicants are requesting a Change of Zone from Single- Family Residential —
10,000 square feet (RS -10) to Multiple - Family Residential — 3,000 square feet (RM -3) for
42,660 square feet of land in order to allow the construction of a fourteen (14) -unit
apartment complex to provide housing for students attending the University of Hawai`i at
Hilo. On -site parking and landscaping meeting the requirements of the zoning code will
be provided.
Hawai`i County is an Equal Opportunity Provider and Employer
The Honorable Dominic Yagong, Chairman
and Members of the County Council
Page 2
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must also be considered as they may have an impact on similar areas in the
County.
The change of zone request from a Single - Family Residential (RS -10) to a
Multiple - Family Residential — 3,000 square feet (RM -3) zoning district conforms to
applicable goals, policies and standards of the General Plan. According to the Zoning
Code, the purpose of the Multiple- Family Residential zoning district is to provide for
medium and high density residential use. It covers areas with full community facilities
and services, and may occupy transition areas between commercial or industrial areas and
other districts of less intense land use. 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. The adjacent property to the northeast is zoned RM -4 and
developed with a duplex residence. Other nearby properties that have recently been
rezoned to the RM zoning district include TMK 2 -4- 001:116 located about 600 feet to the
northwest, which was rezoned in 2009 from RS -10 to RM -1.5 and TMK 2 -2- 026:024
located about 1,500 feet to the northwest, which was rezoned in 2006 from RS -10 to
RM -1. The University of Hawai`i at Hilo and Hawai`i Community College campuses
are located within one half mile of the subject property.
The General Plan is intended to be used as a policy guide for the coordinated
growth and development of all sectors of the County. It sets forth goals, policies,
standards and courses of action to accommodate growth without congestion, to designate
and preserve the lands needed for residential use, commercial and visitor services,
industry, agriculture and open space, and to coordinate these uses with the County's
service and circulation systems. The overall goals, policies and standards are set forth to
physically plan the lands in the County in the best interest of the island's residents. 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 Multiple - Family
Residential (RM) 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. The applicant's request for
The Honorable Dominic Yagong, Chairman
and Members of the County Council
Page 3
RM -3 zoning, which would allow the development of a 14 -unit apartment complex, is
consistent with the LUPAG Map. The rezone request will also conform to, among others,
the goals, policies and standards of the Land Use and Public Facilities Elements of the
General Plan:
Land Use
• Zone urban -types of uses in areas with ease of access to community services and
employment centers and with adequate public utilities and facilities.
Land Use — Multiple - Family Residential
• Provide for multiple- family residential developments that maximize convenience
for its occupants.
• Appropriately zoned lands shall be allocated as the demand for multiple - family
dwellings increases. These areas shall be allocated with respect the places of
employment, shopping facilities, educational, recreational and cultural facilities,
and public facilities and utilities.
Public Facilities
• Participate in the development of student housing and faculty housing for the
university and other joint -use facilities.
The General Plan recognizes that the lack of adequate student housing has made it
difficult for the UH Hilo Campus to achieve an increase in enrollment. The proposed
change of zone will directly support the goals, policies and standards of the General Plan
by providing much needed multiple - family residential housing near the university and
community college and in an area with adequate infrastructure to accommodate the
development of the property to a higher density. Based on the above findings, the request
will conform to the Zoning Code and General Plan.
All essential utilities and services are available to the site. Access to the
property is from Kino`ole Street, which is a two -lane County roadway within a 55 -foot
wide right -of -way fronting the property. The General Plan identifies Kino`ole Street as a
major collector street requiring a right -of -way width of 60 feet. As part of a shoulder
improvement project completed in 2006, the County acquired right -of -way (5 -feet wide)
The Honorable Dominic Yagong, Chairman
and Members of the County Council
Page 4
along the property's frontage in order to provide a paved shoulder and guardrail. Thus,
additional right -of -way is not required from the subject property for future road widening.
Traffic will not increase significantly at the site based on the applicant's plans to
develop a 14 -unit apartment complex, which will generate approximately 8 trips during
the a.m. peak hour and 10 trips during the p.m. peak hour according to the ITE Trip
Generation Manual, 7rh 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 applicants
be responsible for constructing any improvements identified in the TIAR required by the
Department of Public Works.
County water is available from an existing 6 -inch waterline within Kino`ole Street
fronting the property. The property is currently served by a 5/8 -inch meter that is limited
to an average daily usage of 400 gallons. The applicants 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 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. As
there is no municipal sewer system in the area, wastewater generated by the proposed
development will be disposed of by an 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
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 applicants
remain responsible for complying with all other applicable governmental requirements in
connection with uses permitted within the Multiple - Family Residential 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
The Honorable Dominic Yagong, Chairman
and Members of the County Council
Page 5
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 a Multiple - Family Residential — 3,000
square feet (RM -3) zoned district would result in an appropriate land use pattern that
would further benefit the general public.
For your favorable consideration, an amendment to Section 25 -8 -33 (Hilo Zone Map), Article 8,
Chapter 25 (Zoning Code) of the Hawai`i County Code is transmitted.
We are enclosing copies of the staff Background, Planning Director's Recommendation, the
Powerpoint presentation, and a transcript of the hearing for your information.
Sincerely,
Zendo Kern , Chairman
Windward Planning Commission
Lwinegar &furchgottO2spc
Enclosures
cc: Mr. Gregory R. Mooers
Mr. Thomas Winegar & Ms. Susan Furchgott
Department of Public Works
Department of Water Supply
Department of Land & Natural Resources -HPD
Amy Self, Esq., Corporation Counsel
Bi11178 /Comm. 555
BWinegarREZ- 12/6/11
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
THOMAS WINEGAR AND SUSAN FURCHGOTT
CHANGE OF ZONE APPLICATION (REZ 11 -147)
THOMAS WINEGAR AND SUSAN FURCHGOTT have submitted an application for
a Change of Zone from a Single - Family Residential — 10,000 square feet (RS -10) to a Multiple -
Family Residential — 3,000 square feet (RM -3) zoning district for approximately 42,660 square
feet of land. The subject property is located on the east side of Kino`ole Street, approximately
400 feet north of West Ohea Street, Waiakea Homestead Houselots, South Hilo, Hawaii,
TMK: 2 -2- 038:017.
PROPOSED ACTION
1. Applicant's Request: Change the zoning district from Single - Family Residential —
10,000 square feet (RS -10) to Multiple- Family Residential — 3,000 square feet (RM -3) for
42,660 square feet of land. According to the Zoning Code, the purpose of the Multiple -
Family Residential zoning district is to provide for medium and high density residential
use. It covers areas with full community facilities and services, and may occupy
transition areas between commercial or industrial areas and other districts of less intense
land use. Requirements for establishing a land use in the RM district, including a list of
the variety of permitted land uses, are shown in Section 25 -5 -30 to 38 of the Zoning
Code. (P.D. Exhibit 1— Zoning Code Requirements for Multiple - Family Residential
District)
2. Reason for Request: The applicants are requesting the change of zone in order to allow
the construction of a fourteen (14) -unit apartment complex to provide housing for
students attending the University of Hawaii at Hilo. 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: Thomas Winegar and Susan Furchgott Trust.
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 42,660 square feet in size, rectangular in shape and
gently sloping with an 8 -foot drop off from Kino`ole Street. Structures on the property
include an abandoned single - family dwelling built in 1923 and animal cages that are in a
state of disrepair. The remainder of the property is heavily overgrown with trees, vines,
shrubs and herbs.
9. Surrounding Land Uses /Zoning: Immediately surrounding lands are zoned RS -10 and
primarily consist of single- family dwellings. The adjacent property to the northeast is
zoned RM -4 and developed with a duplex residence. The University of Hawai`i at Hilo
and Hawai`i Community College campuses are located within one half mile of the subject
property. Other nearby properties that have recently been rezoned to Multiple - Family
Residential (RM) includes:
• TMK: 2 -4- 001:116, approximately 600 feet northwest of the property, Ordinance
No. 09 18 effective February 18, 2009, from RS -10 to RM -1.5.
• TMK: 2 -2- 026:024, approximately 1,500 feet northwest of the property,
Ordinance No. 06 156 effective December 7, 2006, from RS -10 to RM -1.
10. Flood Zone: Zone X, an area determined by FEMA to be outside the 500 -year flood
plain.
11. Flora/Fauna Resources: A biological reconnaissance of the property was conducted on
September 18, 2011. The survey found no rare, threatened or endangered floral or faunal
species on the property, but recommended against removing or disturbing vegetation
during the months of May through August in order to avoid impacts to any roosting
endangered Hawaiian hoary bats which are difficult to detect, and during the months of
-2-
March through September in order to avoid impacts to any nesting endangered Hawaiian
hawks.
12. ArchaeologicaUCulturaUHistorical Resources: No archaeological inventory survey
was prepared as the property has been developed since 1923 with a dwelling. According
to the applicants, there are no records of any historic features on the site. In a letter dated
November 2, 2011, the DLNR State Historic Preservation Division determined that the
structures on the property have lost any historic integrity due to their state of disrepair;
thus no historic property will be affected by the proposed development. There is no
evidence of any traditional and customary Native Hawaiian rights being practiced on the
property, nor existence of any known valued cultural, historical or native resources in the
area.
13. Public Access: There is no public access to the mountains or the shoreline that traverses
the property.
14. Traffic: The applicants plan to develop a 14 -unit three- bedroom apar talent complex,
which according to the ITE Trip Generation Manual, 7th Edition, will generate
approximately 8 trips during the a.m. peak hour and 10 trips during the p.m. peak hour.
UTILITIES AND SERVICES
15. Access: Access to the property is from Kino`ole Street, which is a two -lane County
roadway within a 55 -foot wide right -of -way fronting the property. The General Plan
identifies Kino`ole Street as a major collector street which requires a minimum right -of-
way width of 60 feet. As part of a shoulder improvement project completed in 2006, the
County acquired right -of -way (5 -feet wide) along the property's frontage in order to
provide a paved shoulder and guardrail. Thus, additional right -of -way is not required
from the subject property for future road widening.
16. Water: County water is available from a 6 -inch waterline within Kino`ole Street. The
property is currently served by a 5/8 -inch meter that is limited to an average daily usage
of 400 gallons. Depending on the water needs of the development, a service lateral and
additional meter may be required.
-3-
17. Wastewater: As there is no municipal sewer system in the area, wastewater generated by
the proposed development will be disposed of by an individual wastewater system(s)
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.
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 — November 23, 2011 memo and
November 30, 2011 memo from Kelly Gomes
21. Department of Water Supply: P.D. Exhibit 4 — November 29, 2011 memo
22. Police Department: P.D. Exhibit 5 — November 7, 2011 memo
23. Fire Department: P.D. Exhibit 6 — October 28, 2011 memo
24. Department of Health: P.D. Exhibit 7 — October 28, 2011 memo
25. Office of Housing and Community Development: P.D. Exhibit 8 — October 28, 2011
memo
26. DLNR -State Historic Preservation Division: P.D. Exhibit 9 — November 2, 2011
letter
APPLICANT'S RESPONSE TO AGENCIES' COMMENTS
27. P.D. Exhibit 10: Letter dated November 14, 2011 from Gregory Mooers.
AGENCIES - NO COMMENTS OR OBJECTIONS
28. Department of Environmental Management.
AGENCIES — NO RESPONSE
29. DLNR- Land Division, Department of Parks and Recreation, Real Property Tax Office,
HELCO.
PUBLIC COMMENTS
30. None as of this writing.
§ 25 -5 -30 HAWAII COUNTY CODE
Division 3. RM, Multiple- Family Residential Districts.
Section 25 -5 -30. Purpose and applicability.
The RM (multiple - family residential) district provides for medium and high density residential use. It
covers areas with full community facilities and services. It may occupy transition areas between
commercial or industrial areas and other districts of less intense land use.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.)
Section 25 -5 -31. Designation and density of RM districts.
(a) Each RM (multiple - family residential) district shall be designated on the zoning map by the symbol
"RM" 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.
(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 RM district.
(c) The maximum density designation in the RM district shall be .75 or seven hundred fifty square feet of
land area per dwelling unit or separate rentable unit.
(d) In the RM 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 -32. Permitted uses.
(a) The following uses shall be permitted in the RM 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) Commercial or personal service uses, on a small scale, as approved by the director, provided
that the total gross floor area does not exceed one thousand two hundred square feet and a
maximum of five employees.
(6) Community buildings, as permitted under section 25 -4 -11.
(7) Crop production.
(8) Dwellings, double - family or duplex.
(9) Dwellings, multiple - family.
(10) Dwellings, single - family.
(11) Family child care homes.
(12) Group living facilities.
(13) Home occupations, as permitted under section 25 -4 -13.
(14) Meeting facilities.
(15) Model homes, as permitted under section 25 -4 -8.
(16) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood
recreational areas and uses.
(17) Public uses and structures, as permitted under section 25 -4 -11.
(18) Temporary real estate offices, as permitted under section 25 -4 -8.
Planning Dept.
Exhibit L....
§ 25 -5 -32 HAWAI`I COUNTY CODE
(19) Time share units situated in any of the following:
(A) Areas designated as resort under the general plan land use pattern allocation guide
(LUPAG) map.
(B) Areas determined by the director to be within resort areas identified by the general plan
land use element, except for retreat resort areas.
(C) Areas determined for such use by the council, by resolution.
(20) 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 RM district, provided that a use permit is issued for each use:
(1) Care homes.
(2) Churches, temples and synagogues.
(3) Crematoriums.
(4) Day care centers.
(5) Golf courses and related golf course uses, including golf driving ranges, golf maintenance
buildings and golf club houses.
(6) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(7) Major outdoor amusement and recreation facilities.
(8) Mortuaries.
(9) Schools.
(10) Telecommunication antennas and towers.
(11) Yacht harbors and boating facilities.
(c) Buildings and uses normally considered directly accessory to the uses permitted in this section shall
also be permitted in the RM district.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.)
Section 25 -5 -33. Height limit.
(a) In areas in the County outside of the City of Hilo, the height limit in the RM district shall be forty -
five feet.
(b) In the City of Hilo, the height limit in the RM district shall be one hundred twenty feet.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.)
Section 25 -5 -34. Minimum building site area.
The minimum building site in the RM district shall be seven thousand five hundred square feet.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.)
Section 25 -5 -35. Minimum building site average width.
Each building site in the RM district shall have a minimum average width of sixty feet.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.)
Section 25 -5 -36. Minimum yards.
Minimum yards in the RM 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.)
§ 25 -5 -37 HAWAI`I COUNTY CODE
Section 25 -5 -37. Landscaping.
Landscaping shall be provided on a minimum of twenty percent of the total land area of any building
site in the RM 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. 4.)
Section 25-5-38. Other regulations.
(a) There may be more than one main building on any building site in the RM district.
(b) Distance between main buildings on the same building site in the RM district shall be at least fifteen
feet.
(c) Plan approval shall be required for all new buildings and additions to existing buildings in the RM
district, except for construction of one single - family dwelling and any accessory buildings per lot.
(d) Exceptions to the regulations for the RM 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. 5.)
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GOERS
ENTERPRISES, LLC
Land Use Alternatives
Post Office Box 1101
Kamuel.a, Hawaii 96743
Phone (808) 880 -1455
Fax (808) 880 -1456
gmooers @hawaii.rr.com
CHANGE OF ZONE APPLICATION
SINGLE - FAMILY RESIDENTIAL 10,000 SF (RS -10) TO
MULTIPLE FAMILY RESIDENTIAL 3,000 SF (RM -3)
Tax Map Key: (3) 2 -2- 038:017
Waiakea, South Hilo, Hawaii
Applicants: Thomas W. Winegar and Susan E. Furchgott
Prepared by Gregory Mooers
October 2011
Planning Dept.
Exhibit a.
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT: Thomas W. Winegar and Susan E. Furchgott
APPLICANT'S SIGNATURE:
ADDRESS: P.O. Box 184
I ° /Iz - /it
Hakalau, HI 96710 -0184
LIST APPLICANT'S INTEREST IF NOT OWNER: Owners
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: DNA
PHONE:(Bus.) 963 -6313 (Res.) 963 -6773 (Fax)
LANDOWNER(S): Thomas W. Winegar and Susan E. Furchgott Trust
LANDOWNER SIGNATURE(S):
(May be by letter)
LANDOWNER(S) ADDRESS: P.O. Box 184
Hakalau, Hawaii 96710 -0184
REQUEST: RS -10 TO RM -3
(Existing zoning) (Proposed Zoning)
TAX MAP KEY: (3) 2 -2- 038:017
STREET ADDRESS OF PROPERTY: 1623 Kinoole Street
Hilo Hawaii 96720
SIZE OF PROPERTY OR AFFEC1ED AREA(S) TO BE REZONED: 42,660 sf (0.9793 acres)
AGENT: Gregory R. Mooers
ADDRESS: Mooers Enterprises, LLC
P.O. Box 1101
Kamuela, Hawaii 96743
'1ELEPHONE:(Bus.) 880 -1455
(Res.) 880 -1454 (Fax) 880 -1456
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Gregory Mooers COPIES: Winegar/Furchgott
ATTACHMENT
Residential Rezoning
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
If your request is approved, do you intend to subdivide
the subject land in accordance with the approved change
of zone?
if yes, please answer the rest of question 1 and then to
question 3.
a. How many acres of the requested area do you intend to
subdivide?
b. Into what lot sizes?
c. if your request is approved, approximately how long
after the date of approval do you expect to submit
your subdivision plans to the Planning Department
for preliminary approval?
d. Do you intend to build houses on the newly created
lots?
if yes, please answer the following questions:
on how many of those lots?
At what approximate price range? House
Lots
Total
Approximately how long, after approval of
the subdivision, would the first house be
available for occupancy?
If you intend to subdivide, please submit a
preliminary schematic subdivision plan together
with your change of zone application form.
2.
If you have no firm plans of subdividing the subject area,
do you intend to:
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 n-e 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. Do you think that your request and your further plans
for the land will alleviate the local housing situation? Yes
How?
The proposed project will create 14 three bedroom apartments for University and community use.
4. Are there any buildings on the subject area? Yes
If so, what kind?
A small 423 sf single - family residence built in 1923 and some associated animal pens.
what do you intend to do with those buildings if your
request is approved?
The applicants /owners intend to demolish the dilapidated structures.
-2-
5.
6.
7.
8.
Is the subject land currently being used for any
agricultural activity?
If so, please list the kinds of products grown and on
how many square feet or acres of land per product.
To your knowledge, has there been any flooding and /or
drainage problem on the subject area?
If so, please describe the problem.
Do you think that the roads leading to the subject area
needs improvement?
If so, what kind?
Is the road adequate for the proposed traffic volume
or load?
What sort of governmental assistance and /or improvements
do you feel will be needed in the subject area when
developed?
yes a
a. Schools X
b. Roads X
c. Sewer X
d. Drainage X
e. police Protection X
Yes
f. Fire Protection X
g, Recreational Facilities X
h. Public Utilities X
1. other X
For those checked "yes," please elaborate what type or kinds of
improvements and /or assistance are needed.
Signature : W. (.mot
Address: P.O. Box 184, Hakalau HI 96710 -0184
Telephone: 963 -6313
Date:
6337A/50A -4-
Winegar/ Furchgott Change of Zone Application
CHANGE OF ZONE APPLICATION
SINGLE - FAMILY RESIDENTIAL 10,000 SF (RS -10) TO
MULTIPLE FAMILY RESIDENTIAL 3,000 SF (RM -3)
Tax Map Key: (3) 2 -2- 038:017
Waiakea, South Hilo, Hawaii
Applicants: Thomas W. Winegar and Susan E. Furchgott
The applicants, Thomas W. Winegar and Susan E. Furchgott, owners of the subject
property, are seeking a Change of Zone from Single - Family Residential 10,000
square feet (RS -10) to Multiple Family Residential 3,000 square feet (RM -3) for the
42,660 square feet (0.9793 acre) parcel located at 1623 Kinoole Street between
Ohea Street and Kawili Street in the city of Hilo, South Hilo, Hawai`i, Tax Map
Key (3) 2 -2- 038:017. This action would allow the creation of a proposed 14 -unit
apartment complex with associated parking and landscaping.
I. GENERAL INFORMATION:
Thomas W. Winegar and Susan E. Furchgott, husband and wife, are the owners of
the subject property. The subject property has been used for many years as a
residential property with a single - family home constructed in 1923. For the past
couple of decades the home has been abandoned and vegetation has taken over the
property. Please see the site photographs below.
1
Winegar /Furchgott Change of Zone Application
Abandoned house, constructed in 1923 on the subject property.
Abandoned animal cages on the subject property.
IVI(_'INITY MAP
•
Winegar/ Furchgott Change of Zone Application
Subject property overgrown with vegetation as seen from Kinoole Street.
The applicant would like to change the zone of the property to Multiple Family
Residential 3,000 square feet (RM -3) to allow the construction of an apartment
complex which will include fourteen (14) three- bedroom apartments to provide
housing for the University of Hawai`i -Hilo, which is located less than half a mile
from the subject property.
. vELC'Sr
University of
Hawaii-Hilo
3
1Faiakei High
School
Winegar/ Furchgott Change of Zone Application
II. SUBJECT REQUEST /PROPOSED DEVELOPMENT:
A. The applicant is proposing change the zoning for the 42,660 square foot (0.9793
acre) parcel from the current single- family residential 10,000 s.f. (RS -10) zoning to
Multiple Family Residential 3,000 s.f. (RM -3). This will allow the development of
a fourteen -unit apartment complex with associated parking and landscaping. Please
see the change of zone exhibit on the next page.
B. The subject parcel is located at an elevation of about 80 feet above sea level in the
City of Hilo at 1623 Kinoole Street between Kawili Street and Owelo Street. The
subject property is less than one half -mile from the University of Hawai`i -Hilo.
C. Climate in Hilo is wet and warm, with an average annual rainfall in this area of
about 140 inches (U.H. Hilo- Geography 1998:57). The average maximum daily
temperature is approximately 78 degrees F, with an average minimum of 65 degrees
(U.H. Hilo- Geography 1998:57). The subject property has a low slope, although
there is an 8 -foot drop off from Kinoole Street, which was constructed slightly
above adjacent terrain.
D. The property is currently vacant with an abandoned single - family dwelling and old
animal pens on the property in a state of disrepair. See the photographs on page 2.
E. Access to the parcel is from Kinoole Street a County owned and maintained two -
lane roadway within a 50 -foot right of way.
F. Utilities are provided to the property from the overhead lines on Kinoole Street.
Telephone service is provided to the site by Hawai`ian Telcom.
G. Potable water is provided from the Department of Water Supply through their
distribution system on Kinoole Street.
4
Winegar/ Furchgott Change of Zone Application
1S 17 /41V01 01
EXIST WATER
METER
co
H:
TMK: 2-2-038 : 014
1332/15 ONVN/Vfld 01
TMK: 2-2-038 : 018
COOPER, GLORIA CLAIRE
1605 KINOOLE
18'
24'
7'
N.)
0
z
18'
L
(0%
TMK: 2-2-038 : 016
CAGAT, BETTY P. & ANDRES, PERLITA P.
1635 KINOOLE
0
TMK: 2-2-038 : 130
SOR/ANO, BOBBIE J. & REUBEN
1605A KINOOLE
PT
CO
0
0
20'
n 770— -1 E To —I
91\ICRET • L.(ir\ILRFT
LL-L_
L
TMK: 2-2-038 : 029
HAWAIIAN HOST, INC.
1752 KILAUEA
1
I— 7 I— —1
I I I
2'5' 1 1 .t'•:3' x 25'
.A.BSORPTIONI BED Ers,)—(,)-----(0)-1 ABSORPT I ION BED 24'
W IT E.] C • • A NI B I: R WITH C HAM E3 E R
,.. NI - S I I uNiTs
l 25' J I
L ___I L 1
71,77,JOFJ .
:RFTf-
t.._:
01
r
20'
PRELIMINARY SITE PLAN
SCALE: 1" = 10'
TMK: 2-2-038 : 147
MARTIN, KRISTINE & TIMOTHY H.
1637 KINOOLE
SCALE
1' = 10'
r
1
10'
SETBACK
TMK: 2-2-038 : 030
PEREIRA, DAVID R.
1766 KILAUEA
TMK: 2-2-038 : 090
WONG, LUTE
1774 KILAUEA
SETBACK
IF THIS SHEET IS LESS THAN
36"x24, IT IS A REDUCED PRINT.
SCALE REDUCED ACCORDINGLY.
GRAPHIC SCALE:
10'
10'
5'
20'
TMK: 2-2-038 : 031
AU, WILLIAM R JR. &
VANNASSA S TRUST &
WEOEMEYER R
1788 KILAUEA
Okahara and
Associates, Inc.
ENO1NEE,NO CONSULTANTS
HILO:
200 080016 STREET
80.0. HAM 96720
PFh (808) 951-5527
FAX (808) 961-5529
HONOLULU: 677 ALA 00864 BLVD.. SUITE 703
HONOLULU. HAM 96813
PH: (808) 524-1224
FAX (808) 521-3151
The work was prepared by me
or under my supervision and
construction of this project will
be under my observotion.
Expiration Date of License r 5i2Za.
Revisions
A
A
A
A
A
A
A
A
A
A
A
A
No. Dole Description
Project
KINOOLE TEAS DEVELOPMENT
1623 KINOOLE STREET
Sheet Title
211-017
Project Propel Na
AHN SKM/RI.
Bro. By CNNANI By GB Ma Nan.
AS SH01.,91
SEPT. 19, 2011
NAY
Con. MY OGY.
or 1 swift
Winegar/ Furchgott Change of Zone Application
III. CONFORMANCE WITH STATE AND COUNTY PLANS:
A. State Land Use Designation:
The State Land Use District Classification for the subject parcel is Urban. The
proposed Multiple - Family Residential zoning and subsequent apartment use is
consistent with this Urban designation.
B. Hawaii State Plan:
The subject request will not be contrary to the State Land Use Law, whose
purpose is to preserve, protect and encourage the development of lands in the
State for their best uses in the interest of public welfare. The Hawai`i State Plan
consists of goals, objectives, policies and priority directions to guide the future
long -range development of the State. The proposed action conforms with the
applicable objectives and policies discussed below.
GOALS
• A strong, viable economy characterized by stability, diversity, and growth that
enable the fulfillment of the needs and expectations of Hawai`i'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.
APPLICANTS' RESPONSE:
The proposed housing complex will contribute to the attainment of the goals in
the Hawai`i State Plan, in that the action will increase the availability of additional
housing for students at the University of Hawai`i -Hilo and other Hawai`i residents
that contribute to the stability, diversity and growth of the local and regional
6
Winegar/ Furchgott Change of Zone Application
economies while providing a desired physical environment. The proposed action
supports elements of the Hawai`i State Plan.
C. General Plan: Applicable Goals, Policies and Courses of Action
The Hawai`i County General Plan contains goals, policies and courses of actions
as well as a Land Use Pattern Allocation Guide (LUPAG) Map. The proposed
project is also consistent with the Goals Policies and course of action in the
General Plan.
ECONOMIC ELEMENT
2.2 GOALS
(a) Provide residents with opportunities to improve their quality of life through
economic development that enhances the County's natural and social
environments.
(b) Economic development and improvement shall be in balance with the
physical, social, and cultural environments of the island of Hawai`i.
(b) Economic development and improvement shall be in balance with the
physical, social, and cultural environments of the island of Hawai`i.
(c) Strive for diversity and stability in the economic system.
(d) Provide an economic environment that allows new, expanded, or improved
economic opportunities that are compatible with the County's cultural, natural and
social environment.
(e) Strive for an economic climate that provides its residents an opportunity for
choice of occupation.
(f) Strive for diversification of the economy by strengthening existing industries
and attracting new endeavors.
(g) Strive for full employment.
(h) Promote and develop the island of Hawai`i into a unique scientific and cultural
model, where economic gains are in balance with social and physical amenities.
Development should be reviewed on the basis of total impact on the residents of
7
Winegar /Furchgott Change of Zone Application
the County, not only in terms of immediate short run economic benefits.
2.3 POLICIES
(f) Support all levels of educational, employment and training opportunities and
institutions.
(i) Continue to encourage the research, development and implementation of
advanced technologies and processes.
(j) Support the development of high technology industries.
(1) Identify and encourage primary industries that are consistent with the social,
physical, and economic goals of the residents of the County.
(m) Encourage active liaison with the private sector with respect to the County's
requirements for establishing businesses on the island.
(o) Promote a distinctive identity for the island of Hawaii to enable government,
business and travel industries to promote the County of Hawai`i as an entity
unique
within the State of Hawaii.
(y) Encourage new industries that provide favorable benefit -cost relationships to
the people of the County. Benefit -cost relationships include more than fiscal
considerations.
2.4.2.2 COURSES OF ACTION
(a) Encourage the State to provide the necessary funds for the development of the
university complex and airport facilities. Provide necessary support services and
facilities to aid the development of these complexes.
(e) Assist in the formulation and implementation of management education and
manpower training programs to strengthen the overall skill levels of its work force
to be compatible with existing and emerging industries.
(1) Support the development of a master plan for lands within the vicinity of the
University of Hawai` i at Hilo to incorporate a "college town" concept utilizing an
appropriate mixture of residential, commercial and other land uses to complement
8
Winegar / Furchgott Change of Zone Application
the university's infrastructure.
APPLICANTS' RESPONSE:
The provision of additional housing for the University of Hawai`i -Hilo supports
the expansion of this important economic driver in Hilo. This will support new
and existing industries and help diversify the economy of the entire island. With
expansion of the University other programs can be offered to further the economic
growth of our island. Any expansion will require a joint effort between the
University and the private sector to create housing and other amenities that will
support the area as a "college town ". The proposed action supports the goals,
policies and courses of action of the Economic element of the General Plan.
HOUSING ELEMENT
9.2 GOALS
(a) Attain safe, sanitary, and livable housing for the residents of the County of
Hawaii.
(b) Attain a diversity of socio- economic housing mix throughout the different
parts of the County.
(c) Maintain a housing supply that allows a variety of choices.
(d) Create viable communities with affordable housing and suitable living
environments.
(e) Improve and maintain the quality and affordability of the existing housing
inventory.
(f) Seek sufficient production of new affordable rental and fee - simple housing in
the County in a variety of sizes to satisfactorily accommodate the needs and
desires of families and individuals.
(g) Ensure that housing is available to all persons regardless of age, sex, marital
status, ethnic background, and income.
9.3 POLICIES
(a) Encourage a volume of construction and rehabilitation of housing sufficient to
9
Winegar/ Furchgott Change of Zone Application
meet growth needs and correct existing deficiencies.
(i) Initiate housing powers and programs to accomplish housing goals and seek
out new programs and resources to address the housing needs of the residents.
(j) Initiate and participate in activities with the private sector including the
provision of leadership and expertise to neighborhoods and nonprofit
organizations in the development of housing and community development
proj ects.
(k) Increase rental opportunities and choices in terms of quality, cost, amenity,
style and size of housing, especially for low and moderate income households.
9.5.2.2 COURSES OF ACTION
(a) Encourage the State to provide student, faculty, and staff housing for the
University of Hawai`i at Hilo and the Hawai`i Community College.
APPLICANTS' RESPONSE:
The provision of additional rental housing near the University of Hawai`i -Hilo
will support the University's mission and will also free up other units for the
general population as the entire housing inventory will be increased. The
proposed action supports the goals, policies and courses of action of the Housing
Element of the General Plan.
PUBLIC FACILITIES ELEMENT
10.2.4.2.2 COURSES OF ACTION
(b) Participate in the development of student and faculty housing for the
university and other joint -use facilities.
(d) Support the continued expansion of the University system and the University
of Hawai`i at Hilo and Hawai`i Community College campus and encourage the
continuing education programs throughout the community. The transfer of State
lands to the University should be actively pursued.
(e) Encourage continual improvements to existing educational facilities.
10
Winegar/ Furchgott Change of Zone Application
(f) Support and encourage the strengthening of the University of Hawai`i at Hilo
through the transfer of appropriate colleges and departments from the University
of Hawai`i at Manoa to the University of Hawai`i at Hilo.
APPLICANTS' RESPONSE:
Provision of addition student housing in this area of Hilo supports the University
of Hawai`i -Hilo and their expansion efforts for new programs and clearly
conforms to the Public Facilities element of the General Plan.
LAND USE ELEMENT
14.1.2 GOALS
(a) Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
14.1.3 POLICIES
(a) Zone urban - types of uses in areas with ease of access to community services
and employment centers and with adequate public utilities and facilities.
(b) Promote and encourage the rehabilitation and use of urban areas that are
serviced by basic community facilities and utilities.
(c) Allocate appropriate requested zoning in accordance with the existing or
projected needs of neighborhood, community, region and County.
(j) Encourage urban development within existing zoned areas already served by
basic infrastructure, or close to such areas, instead of scattered development.
14.5.2 GOALS
(a) To provide for multiple residential developments that maximize convenience
for its occupants.
(b) To provide for suitable living environments that accommodate the physical,
social and economic needs of the island residents.
(c) To enhance the overall quality of life in our residential communities.
11
Winegar/ Furchgott Change of Zone Application
14.5.3 POLICIES
(a) Appropriately zoned lands shall be allocated as the demand for multiple
residential dwellings increases. These areas shall be allocated with respect to
places of employment, shopping facilities, educational, recreational and cultural
facilities, and public facilities and utilities.
(d) The rehabilitation and /or utilization of multiple residential areas shall be
encouraged.
APPLICANTS' RESPONSE:
The multiple - family zoning being sought in this area of Hilo that has all necessary
infrastructure, is located near shopping, the University and schools, and is
designated for 35 -units /acre by the General Plan will support the Land Use
element of the General Plan.
D. General Plan LUPAG:
The subject property is designated as Medium Density Urban on the General Plan
Land Use Pattern Allocation Guide (LUPAG) Map. This allows density of up to
35 -units per acre.
APPLICANTS' RESPONSE:
The proposed density sought in the new zoning designation (RM -3) allows for 14-
units per acre and complies with the LUPAG designation, see next page.
E. County Zoning Code:
The current zoning for this parcel is Single - family Residential 10,000 s.f. (RS -10).
The applicant is requesting the change to Multiple - Family 3,000 s.f. (RM -3).
Zoning in the immediate area is a mixture of RS -10, CN -10, RM -1, RM -1.5, RD-
3.75 and RM -4 on an adjacent property.
12
Winegar /Furchgott Change of Zone Application
APPLICANT'S RESPONSE:
The applicant believes the proposed RM -3 zoning is consistent with the
surrounding zoning and allows for additional multi - family units and will help
support the University's mission in this area of Hilo designated as Medium Density
Urban by the LUPAG map.
Iglu Density
Urban.
T led ium
Density Urban
University Use
!Subject Property
C'OITNTY ZONING
F. Special Management Area:
The subject property is not located within the County's Special Management Area
13
Winegar/ Furchgott Change of Zone Application
(SMA), and as such does not require a SMA review or permit.
G. Chapter 205A: Coastal Zone Management Act:
The nearest shoreline is about 2.3 miles north in Hilo Bay. The most inlands
reaches of Waiakea Pond are 1.7 miles north. The proposed change of zone of the
subject property will not negatively impact recreational resources, visual resources
to or from the shoreline, including access to and along the shoreline or coastal
ecosystems. Therefore no scenic or open space resources; access to the shoreline;
coastal view planes; or coastal ecosystem will be negatively impacted by the
proposed action.
H. Mountain Access:
The subject property is not located near and does not provide access to the
shoreline, mountains, or any other area. No public or private trails are located on or
near the subject property.
IV. PHYSICAL CHARACTERISTICS AND
ENVIRONMENTAL SETTING:
Physical Characteristics/Environmental Setting:
A. Description of subject property, location, climate, topography, slope, soils
(including size, shape existing structures):
The subject property is located at an elevation of about 80 feet above sea level on
Kinoole Street in the city of Hilo, on the island of Hawai`i. Climate in Hilo is wet
and warm, with an average annual rainfall in this area of about 140 inches (U.H.
Hilo- Geography 1998:57). The average maximum daily temperature is
approximately 78 degrees F, with an average minimum of 65 degrees (U.H. Hilo -
Geography 1998:57). The subject property has a low slope, although there is an 8-
foot drop off from Kinoole Street, which was constructed slightly above adjacent
terrain. The surface geology is Mauna Loa lava flows from 5,000 to 10,000 years
before the present (Wolfe and Morris 1996). Soil is discussed below.
14
Winegar/ Furchgott Change of Zone Application
The subject property previously supported a 423 -sf single- family home that was
built in 1923 and fell into ruin several decades ago. As illustrated in the photos on
page 2. The property is heavily overgrown with trees, vines, shrubs and herbs, and
the home is now collapsed. A number of animal pens and gardening structures are
in various states of disrepair, with vines and trees growing through them. The
subject property has the entire street infrastructure necessary for residential use,
including access, water lines, electricity/ telephone /cable poles and lines, and street
lighting.
B. Lava Hazard Zone:
Volcanic hazard as assessed by the U.S. Geological Survey in this area of Hilo is
Zone 3, on a scale of ascending risk from 9 to 1 (Heliker 1990:23). The relatively
high hazard risk is based on the fact that Mauna Loa is an active volcano. Volcanic
hazard Zone 3 areas have had 1 to 5 percent of their land area covered by lava or
ash flows since the year 1800, but are at lower risk than Zone 2 areas because of
their greater distances from recently active vents and/or because the local
topography makes it less likely that flows will cover these areas. There is thus a
risk of lava inundation over relatively short time scales, a risk that is shared with
most of Hilo and much of East Hawai`i.
C. Distance from coastline:
The nearest shoreline is about 2.3 miles north in Hilo Bay. The most inlands
reaches of Waiakea Pond are 1.7 miles north.
D. Agricultural Lands of Importance to the State of Hawaii (ALISH)
designation:
Agricultural Lands of Importance in the State of Hawai`i (ALISH) is a system by
which the State Department of Agriculture classifies important agricultural lands into
three categories: 1) Prime Agricultural Land, (2) Unique Agricultural Land, and (3)
Other Important Agricultural Land, based on soil, climate, moisture supply and other
15
Winegar /Furchgott Change of Zone Application
factors. The subject property is urban and not considered important land valuable
land and is thus not classified.
E. U.S.D.A. Natural Resources Conservation Service soil type:
Soil on the subject property is classified as Olaa extremely stony silty clay loam, 0
to 20 percent slopes. Stones and cobbles occupy about 10 to 50 percent of this soil
by volume. The depth to `a`a lava ranges from 20 to 30 inches. Permeability is
rapid, runoff is slow, and the erosion hazard is slight. This soil was often used for
sugarcane (U.S. Soil Conservation Service 1973).
F. Land Study Bureau Soil Rating:
The property is urban and thus unclassified in the University of Hawai`i's Land
Study Bureau Rating system, in which soils are grouped in land types based on
productivity ratings.
G. Flood Insurance Rate Map (FIRM) designation:
The property is within the Zone X, or areas outside the 500 -year floodplain,
according to the Flood Insurance Rate Maps (FM1551660880C) by the Federal
Emergency Management Agency.
H. Existing drainage ways or improvements:
No drainage ways or drywells exist on or near the property. Kinoole Street has a
storm sewer system, and a grate is located fronting the adjacent property to the
northwest.
Air /noise /water quality:
Air quality is generally excellent in Hilo. At various times in the winter trade winds
fail and southerly winds occur. These bring with them a volcanic haze (vog) formed
particulate sulfate that is derived from volcanic emissions of sulfur dioxide, which
can blanket the area for days.
16
Winegar/ Furchgott Change of Zone Application
Ambient noise on the subject property is currently moderate, as the property is
surrounded by residences and adjacent to the somewhat busy Kinoole Street. No
significant noise generators such as airports, factories, or quarries are located
nearby.
Adjacent and nearby land use consists of one or two single - family homes (some
with ohana homes) on lots of 10,000 to 22,000 sf. The multifamily uses for which
the change of zone is proposed is similar in character to nearby apartments
surrounding the University of Hawai`i at Hilo and Hawai`i Community College.
The context between Kinoole Street and Kilauea Avenue near would tend to avoid
substantial air quality or noise impacts to existing uses or proposed uses.
No overland receiving waters such as streams, ponds or springs are present at or
near the subject property. The main receiving water nearby is the Pacific Ocean and
the inlet known as Waiakea Pond, which is 1.6 miles to the north. The nearest
stream, an unnamed and largely channelized feature that runs through Hilo
Municipal Golf Course, is found about 0.8 miles south. Drainage from the subject
property and adjacent properties and streets runs overland into gutters and drains.
In conformance with federal, State and County laws, construction -phase permits
including Grubbing and Grading permits will be obtained. These will include
Storm Water Pollution Prevention Plans that contain Best Management Practices
(BMPs) specifying which site - specific measures must be undertaken to avoid or
minimize erosion, sedimentation and flooding. It is unlikely that a National
Pollutant Discharge Elimination System permit will be required because of the
small size of the subject property. On a permanent basis, water quality will also be
protected through adherence to Chapter 27, which restricts drainage flowing offsite
to that level that existed pre - development. Drywells or other structures capture
runoff and direct it underground where it undergoes a high level of natural
remediation.
17
Winegar/ Furchgott Change of Zone Application
Historic Resources:
J. Existing archaeological, cultural or historic sites on National Register or
Hawaii Register:
While an Archaeological Inventory Survey has not been conducted, the property has
been fully developed and used for residential purposes for many decades. There are
no records of any historic features on the site in the files of the Planning
Department. In the unlikely event that archaeological resources or human remains
are encountered during future development activities within the subject property,
work in the immediate area of the discovery will be halted and DLNR -SHPD will
be contacted as outlined in Hawaii Administrative Rules 13 §13- 275 -12. SHPD has
been asked to issue a "no- effect" letter for the proposed project.
Natural Resources:
K. Existing floraUfaunal resources (any native or exotic plants, any listed or
candidate threatened or endangered species):
Based on elevation, rainfall and geologic substrate, the area probably supported a
Lowland Wet Forest (Gagne and Cuddihy 1990) dominated by `ohi `a (Metrosideros
polymorpha) before human alteration. Agricultural activities, including sugar cane
cultivation and grazing in the late 19th and early 20th centuries, long ago destroyed
the original vegetation, which was again transformed by conversion to residential
uses in the early part of the 20th century. The present vegetation consists of
overgrown landscaping and weed vegetation and is entirely alien (see photographs
page 2).
A biological reconnaissance of the property was conducted on September 18, 2011.
As discussed previously, the property is heavily overgrown with trees, vines, shrubs
and herbs. The most abundant trees in terms of cover and/or number were mango
(Mangifera indica) and lychee (Litchi chinensis), relics of earlier cultivation, and
"trash" trees such as melochia (Melochia umbellata), cecropia (Cecropia
obtusifolia) and gunpowder tree (Trema orientalis). The most common vines were
18
Winegar/ Furchgott Change of Zone Application
maile pilau (Paederia foetida), pothos (Epipremnum aureum) and various non-
native Convolvulaceae. All plants were non - native and no rare, threatened or
endangered plants listed by the U.S. Fish and Wildlife Service was present. No
unique or valuable wildlife habitat was present. A full list of plants observed is
presented in Table 1.
Table 1
Plant Species Observed on Subiect Prover
Scientific Name
Family
Common Name
Life Form
Status*
Ageratum conyzoides
Asteraceae
Ageratum
Herb
A
Alpinia zerumbet
Zingiberaceae
Shell ginger
Herb
A
Archontophoenix
alexandrae
Arecaceae
Alexandra Palm
Tree
A
Artocarpus altilis
Moraceae
Breadfruit
Tree
A
Begonia sp.
Begoniaceae
Begonia
Herb
A
Brachiaria mutica
Poaceae
California Grass
Herb
A
Canavalia cathartica
Fabaceae
Maunaloa
Vine
A
Cecropia obtusifolia
Cecropiaceae
Trumpet Tree
Tree
A
Chamaecrista nictitans
Fabaceae
Partridge Pea
Herb
A
Chamaesyce prostrata
Euphorbiaceae
Spurge
Herb
A
Christella dentata
Thelypteridaceae
Pai i iha
Fern
A
Coffea arabica
Rubiaceae
Coffee
Shrub
A
Commelina diffusa
Commelinaceae
Honohono
Herb
A
Conyza bonariensis
Asteraceae
Hairy horseweed
Tree
A
Cordyline fruticosa
Agavaceae
Ti
Shrub
A
Crassocephalum
crepidioides
Asteraceae
Crassocephalum
Herb
A
Crotalaria sp.
Fabaceae
Crotalaria
Herb
A
Cyperus polystachyos
Cyperaceae
Cyperus
Herb
I
Desmodium triflorum
Fabaceae
Desmodium
Herb
A
Dracaena marginata
Agavaceae
Money tree
Tree
A
Dracaena massangeana
Agavaceae
Corn plan
Tree
A
Drymaria cordata
Caryophyllaceae
Pipili
Herb
A
Epipremnum aureum
Areaceae
Pothos vine
Vine
A
Fimbristylis dichotoma
Cyperaceae
Fimbristylis
Herb
I
Hyptis pectinata
Lamiaceae
Comb Hyptis
Shrub
A
Impatiens sp.
Balsaminaceae
Touch -me -not
Herb
A
Ipomoea alba
Convolvulaceae
Moon flower
Vine
A
Ipomoea triloba
Convolvulaceae
Little bell
Vine
A
Lepisorus thunbergianus
Polypodiaceae
Pleopeltis
Fern
I
Litchi chinensis
Sapindaceae
Lychee
Tree
A
Macaranga mappa
Euphorbiaceae
Bingabing
Tree
A
Mangifera indica
Anacardiaceae
Mango
Tree
A
Manihot esculenta
Euphorbiaceae
Manihot
Shrub
A
Melochia umbellata
Sterculiaceae
Melochia
Tree
A
Merremia tuberosa
Convolvulaceae
Wood Rose
Vine
A
19
Winegar/ Furchgott Change of Zone Application
Mimosa pudica
Fabaceae
Sleeping Grass
Herb
A
Musa sp.
Musaceae
Banana
Shrub
A
Nephrolepis multiflora
Nephrolepidaceae
Sword Fern
Fern
A
Oplismenus hirtellus
Poaceae
Basketgrass
Herb
A
Paederia foetida
Rubiaceae
Maile Pilau
Vine
A
Panicum maximum
Poaceae
Guinea Grass
Herb
A
Paspalum conjugatum
Poaceae
Hilo grass
Grass
A
Passiflora edulis
Passifloraceae
Lilikoi
Vine
A
Persea americana
Lauraceae
Avocado
Tree
Phlebodium aureum
Polypodiaceae
Phlebodium
Fern
A
Pilea microphylla
Urticaceae
Rockweed
Herb
A
Pluchea symphytifolia
Asteraceae
Sourbush
Shrub
A
Phymatosorus grossus
Polypodiaceae
Maile Scented
Fern
A
Polygala paniculata
Polygalaceae
Milkwort
Herb
A
Psidium cattleianum
Myrtaceae
Waiawe
Tree
A
Psidium guajava
Myrtaceae
Guava
Tree
A
Rubus rosifolius
Rosaceae
Thimbleberry
Herb
A
Setaria palmifolia
Poaceae
Palm Grass
Herb
A
Schefflera actinophylla
Araliaceae
Octopus Tree
Tree
A
Solenostemon sp.
Lamiaceae
Coleus
Shrub
A
Spathodea campanulata
Bignoniaceae
African Tulip
Tree
A
Spermacocce assurgens
Rubiaceae
Buttonweed
Herb
A
Stachytarpheta jamaicensis
Verbenaceae
Stachytarpheta
Herb
A
Syzygium jambos
Myrtaceae
Rose Apple
Tree
A
Thunbergia alata
Acanthaceae
White Thunbergia
Vine
A
Trema orientalis
Ulmaceae
Gunpowder Tree
Tree
A
Notes: Alien (A), and Indigenous (I). List may not include all species, particularly ornamentals
and introduced grasses and ferns.
Because of the non - native vegetation and urban context, there is little habitat for
native animal species. During the biological reconnaissance, which occurred over
several hours in the middle of the day, no birds were actually observed. The
extremely dense canopy of vines, shrubs and trees provides little habitat. Most
birds that might be observed on the site at different times, including virtually all that
might nest or forage there, would be non - native, such as Japanese White Eyes
(Zosterops japonicus), House Finches (Carpodacus mexicanus frontalis), Zebra
Doves (Geopelia striata), Spotted Doves (Streptopelia chinensis), and Common
Mynas (Acridotheres tristis) being likely the most common.
However, the Hawai`ian Hawks (Buteo solitarius) is frequently observed in this part
of Hilo. This endangered bird forages widely around forested agricultural and urban
20
Winegar/ Furchgott Change of Zone Application
areas of the island of Hawai`i and likely forages here as well. It is unlikely, but
possible, that hawks could nest in some of the tall trees on the property.
A number of feral and/or domestic mammal species including dogs, cats, rats, mice
and mongooses could be occasionally are present on the property. All of these are
alien and deleterious to native ecosystems. The endemic and endangered Hawai`ian
hoary bat (Lasiurus cinereus semotus), can be observed in the project area and in
many other parts of the island of Hawai`i. Hawai`ian hoary bats are often referred
to as "over- dispersed" in that they are solitary, have large territories, and roost in
widely dispersed locations. The likelihood of a bat roost being present in any
individual one acre property is very small, but the animal is very difficult to detect
and it may use resources within the subject property and d even roost in tall shrubs
or trees.
The only potential adverse biological impacts associated with development of the
overgrown property is the small potential to disturb a nesting Hawaiian Hawk or a
roosting bat. To avoid Hawai`ian Hawks, major disturbance, including tree
removal, should avoid the nesting period (March through September). If tree
removal is planned within that period, a hawk nest search by a qualified
ornithologist should be undertaken to ensure that no hawk nest is present. If a hawk
is present, disturbance should be avoided until the nesting season is over. In order
to reduce effects to Hawai`ian hoary bats, any future infrastructure development
should refrain from activities that trim or remove trees larger than 15 feet in height
during the critical pupping months for the Hawai`ian hoary bat, from May 15 to
August 15 of each year, when bats are caring for their young and most vulnerable to
disturbance.
L. Scenic or coastal resources:
The Hawai`i County General Plan denotes no sites of particular natural beauty
within the subject property or in the surrounding area, and no other scenic resources
21
Winegar / Furchgott Change of Zone Application
or view planes appear to be present. The subject property is located approximately
2.6 miles from the coast.
Development of multi - family housing will alter the visual characteristics of the
subject property for neighbors. While overgrown with vines and weeds trees, it
does provide undeveloped space.
Valued Cultural Resources:
M. Traditional and customary native Hawaiian rights that are exercised in the
area; the extent to which the proposed development will affect these rights;
and feasible action to be taken to protect native Hawaiian rights, if they exist:
Traditionally, the lands of Hawai`i were divided into ahupua `a, which till today
retain their original names. These include the ahupua `a of Waiakea, the site of the
subject property. The design of these land divisions was such that residents could
have access to all that they needed to live, with ocean resources at the coast, and
agricultural and forest resources in the interior. The very large ahupua'a of
Waiakea provided access to the full range of resources stretching from the sea up to
6,000 feet along the slopes of Mauna Kea (Kelly 1981:5).
Historical accounts (McEldowney 1979; Maly 1996) place the subject property in a
zone of agricultural productivity within the ahupua `a of Waiakea where scattered
forest plantations of taro, sugar cane, and banana groves were present.
Waiakea was held by Kamehameha I until the time of his death in 1819, at which
time his holdings, including Waiakea, were passed down to his son, Liholiho.
Following the Mahele, Kamehameha IV leased large portions of Waiakea to outside
interests for pasture and sugarcane cultivation (Moniz n.d.). In 1861 S. Kipi leased
the Crown Lands of Waiakea for the rate of $600 dollars a year to be used as pasture
land for five years (Kelly et al. 1981; Maly 1996). In 1874 the first lease for
sugarcane cultivation in Waiakea was granted to Rufus A. Lyman for a term of 25
22
Winegar / Furchgott Change of Zone Application
years. The lease granted him all the privileges of the land including the use of the
fishponds and the cutting of firewood (Maly 1996). This lease was eventually
transferred to the Waiakea Mill Company, founded by Alexander Young and Theo
H. Davis, and the Waiakea sugar plantation was established.
Established in 1879; the Waiakea Mill Company started with about 350 acres of
cultivated lands they had acquired from Lyman. In 1888 the company acquired a
30 -year lease that increased their land holdings in Waiakea Ahupua`a. When the
lease ran out in 1918 the acreage under cultivation had increased to nearly 7,000
(including the subject property); but without a lease the ahupua a fell under the
homesteading laws, which required the government to lease the land to individual
growers. In 1911, the territorial government granted a portion of the government
lands that had been under lease for sugar for Homestead and Cane Lots. The
homesteading laws required that the government lease land to homesteaders who
would grow sugar and send it to Waiakea Mill for processing. The program was
only marginally successful as commercial sugar production in Hilo proper faded
away, and by 1938 many homesteaders had subdivided their properties into city lots
(Maly 1996:27 -28), as occurred with the subject property.
The subject property has for over a century been the site of pasture, sugar cane and
residential uses. No caves, springs, pu `u, native forest groves or native plant
species, gathering resources or other natural features are present on or near the
property. The vegetation is highly disturbed and does not contain the quality and
quantity or resources that would be important for native gathering. No
archaeological remains reflecting cultural history or supporting cultural values
appear to be present. The subject property does not support any traditional resource
uses, nor are there any Hawai`ian customary and traditional rights or practices
known to be associated with the subject property. Based on this, it would appear
that no known valuable natural, cultural or historical resources are present on the
23
Winegar/ Furchgott Change of Zone Application
subject property. Development of the subject property would not likely impact any
culturally valued resources or cultural practices.
Public access:
N. Existing public access to and along the shoreline or to mountain areas and
knowledge of public access being used:
The subject property is not located near and does not provide access to the
shoreline, mountains, or any other area. No public or private trails are located on or
near the subject property.
Socio- economic characteristics:
0. Social settlement pattern for the area; and Economic resources of the area:
Table 2, below, provides information on the socioeconomic characteristics of Hilo
from the 2010 U.S. Census of Population. Hawai`i County, as well as Hilo, has a
diverse population and is one of the 100 fastest - growing counties in the U.S.
Several segments of the population that typically exhibit disadvantaged measures of
social welfare are disproportionately represented in the population of Hilo as
compared to the County of Hawai`i. Median family income is less than 65 percent
that of the County as a whole. More than 15 percent of individuals have income
below the poverty level, double the statewide rate. Similar patterns hold for
households receiving welfare, food stamps, and disability payments.
The change of zone and subsequent use would most directly involve the Waiakea
neighborhood of Hilo. This area is a mixture of residential, commercial, and
institutional uses such as schools (Waiakea High School is located 1,000 feet away)
and higher- education facilities (both University of Hawai`i Hilo and Hawai`i
Community College are both within a half mile). Student housing is an important
existing component of the population in this neighborhood, and additional student
housing has been identified as key to the orderly growth of the University.
24
Winegar/ Furchgott Change of Zone Application
The University of Hawai`i -Hilo student population is a rich blend of local, mainland
and international students, making it among the nation's most diverse universities.
Native Hawai`ian ancestry make up about 20 percent of the UH Hilo enrollment.
The second - largest employer in East Hawai`i, UH Hilo consists of five academic
colleges offering 35 baccalaureate degrees, six master degrees and two doctorates,
including one approved in 2006 in Hawai`ian and Indigenous Language and Culture
Revitalization. UH Hilo has sustained steady growth in the statewide University of
Hawai`i system, growing 47 percent since 1977 and reaching an all -time high
enrollment of 4,085 in Fall 2010, with a gain of 89 students, or 2.2 percent, over the
previous year ( http: / /www.Hawai`i.edu/news /article.php ?a1d = 3878), after a 5.5
percent increase the year before year. The school has shown steady upward growth
since 1998 and is also the only campus in the University of Hawai`i system to show
consistent increases in spring enrollment. Part of the growth is attributed to the
establishment in 2007 of the University of Hawai`i Hilo College of Pharmacy,
which so far has boosted enrollment by almost 300 students.
Table 2
Demographic Characteristics of Hilo
SUBJECT
NUMBER
PERCENT
SEX AND AGE
Total population
43,263
100.0
Median age (years)
40.5
(X )
16 years and over
35,193
81.3
65 years and over
7,807
18.0
85 years and over
1,382
3.2
RACE
Total population
43,263
100.0
One Race
29,199
67.5
White
7,617
17.6
Black or African American
227
0.5
American Indian and Alaska Native
132
0.3
Asian
14,833
34.3
Asian Indian
49
0.1
Chinese
645
1.5
Filipino
2,637
6.1
Japanese
9,550
22.1
Korean
419
1.0
Native Hawai`ian
4,467
10.3
Two or More Races
14,064
32.5
25
Winegar/ Furchgott Change of Zone Application
Black or African American alone
198
0.5
American Indian and Alaska Native alone
82
0.2
Asian alone
14,450
33.4
Native Hawai`ian and Other Pacific Islander alone
5,771
13.3
Some Other Race alone
51
0.1
Two or More Races
11,316
26.2
HOUSEHOLDS BY TYPE
Total households
15,483
100.0
Family households (families)
10,287
66.4
With own children under 18 years
3,766
24.3
Husband -wife family
7,034
45.4
With own children under 18 years
2,307
14.9
Male householder, no wife present
975
6.3
With own children under 18 years
432
2.8
Female householder, no husband present
2,278
14.7
With own children under 18 years
1,027
6.6
Nonfamily households
5,196
33.6
Householder living alone
3,992
25.8
SUBJECT
NUMBER
PERCENT
Households with individuals under 18 years
4,770
30.8
Households with individuals 65 years and over
5,386
34.8
Average household size
2.69
(X )
Average family size
3.20
(X )
HOUSING OCCUPANCY
Total housing units
16,905
100.0
Occupied housing units
15,483
91.6
Vacant housing units
1,422
8.4
Rental vacancy rate (percent)
6.9
(X )
Two or More Races
11,316
26.2
HOUSEHOLDS BY TYPE
Total households
15,483
100.0
Family households (families) [7]
10,287
66.4
With own children under 18 years
3,766
24.3
Husband -wife family
7,034
45.4
With own children under 18 years
2,307
14.9
Male householder, no wife present
975
6.3
Source: 2010 U.S. Census of Population (httpJ/ 2010 .census.gov /2010census /datal)
P. Economic resources of the area:
The action would not have any adverse impact on other economic resources of the
area. By providing additional housing that would likely be used by students, it
would benefit University of Hawai`i -Hilo and Hawaii Community College, a
critical component of Hilo's economy.
26
Winegar /Furchgott Change of Zone Application
Surrounding Lands:
Q. Land Use; and Zoning:
The properties to the west are zoned and utilized for the single- family residential,
multiple family residential, Waiakea Elementary, Middle and High Schools, and
the University of Hawai`i -Hilo. Parcels to the north are a mix of zones and uses
including multiple family (RM -1, 1.5, 4) commercial (CN) and single - family
residential. To the south is single- family (RS -10) and double - family (RD- 3.75).
To the east in industrial zoned property in industrial and commercial type uses.
COUNTY NTY ZONING
V. PUBLIC FACILITIES AND SERVICES
A. Description of access (paved /unpaved; private /County; right -of -way and
pavement width:
Access to the site is from Kinoole Street a County of Hawai`i owned and
maintained roadway with a 50 -foot right of way. See the change of zone exhibit.
B. Availability of water:
Water is available from the Hawai`i County Department of Water Supply from
their line on Kinoole Street.
27
Winegar/ Furchgott Change of Zone Application
C. Sewage disposal:
Wastewater disposal in this area is via Individual Wastewater Systems approved
by the State Department of Health
D. Solid waste:
Household waste will be disposed of at the County of Hawai`i's transfer station or
at the Hilo Landfill. No construction waste or commercial waste will be deposited
at the transfer station. A Solid Waste Management Plan will be prepared in
accordance with requirements of the Department of Environmental Management.
E. Police and fire protection:
Police services will be provided from the Police station on Kapiolani Street and
Fire services will be provided from the station at Kawailani Street. These stations
are within two (2) miles of the subject property.
F. Schools:
Waiakea Elementary, Intermediate and High Schools are located just west of the
subject property.
G. Parks:
The County Department of Parks and Recreation has extensive recreation
facilities in the City of Hilo including the Hilo Afook - Chinen Civic Auditorium
Complex with a gym, basebalUsoftball fields, tennis courts and swimming pool.
This complex is within 2 -miles of the of the subject property.
H. Other utilities and services (telephone /electricity):
Telephone and electrical service are available from overhead lines on Kinoole
Street.
28
Winegar / Furchgott Change of Zone Application
VI. ENVIRONMENTAL ASSESSMENT AND ANALYSIS
A. Relationship between local short term uses of the environment and
maintenance and enhancement of long term productivity;
B. Mitigative measures proposed to avoid, minimize, rectify or reduce impact;
C. Alternatives to the proposed development; and
D. Irreversible and irretrievable commitments of natural resources that would
be involved if proposed action implemented:
No substantial adverse environmental effects are expected from the change of
zone and the proposed subsequent development. Valuable agricultural lands and
soils are not involved. No threatened or endangered species or their habitat are
present. No cultural resources valuable for preservation are present. Negligible
short-term impacts to noise, traffic, scenic values and dust or sedimentation may
occur during construction. Mitigation measures that will be implemented as part
of County- approved grading and grubbing permits, and drainage plans will
prevent long -term drainage, erosion or sedimentation impacts. The traffic
generated by the proposed project would not be expected to significantly impact
traffic in the area, mainly because of the relatively small volume of traffic that
would be generated by a maximum of 14 apartments. The lot has adequate access
to Kinoole Street, and no traffic mitigation would appear to be required.
In terms of the relationship between the short-term use of man's environment and
the maintenance and enhancement of long -term productivity, no short-term
exploitation of resources that would entail negative long -term consequences has
been identified for the rezoning. The construction of the multi - family residential
units would involve the irreversible and irretrievable commitment of only very
minor quantities of natural resources.
Winegar/ Furchgott Change of Zone Application
VII. PROPOSED FINDINGS:
Given the conformance with all established State and County goals, policies
and plans; the physical characteristics of the site and surrounding area; the
present zoning and uses of the surrounding area; the minimal impact on
public facilities and services; the minimal impact on the environment; the
applicants request a favorable consideration of this change of zone
application.
30
Winegar/ Furchgott Change of Zone Application
REFERENCES
Gagne, W., and L. Cuddihy. 1990. "Vegetation," pp. 45 -114 in W.L. Wagner, D.R.
Herbst, and S.H. Sohmer, eds., Manual of the Flowering Plants of Hawai `i. 2 vols.
Honolulu: University of Hawai`i Press.
Hawai`i County Planning Department. 2005. The General Plan, County of Hawai`i. Hilo.
Heliker, C. 1990. Volcanic and Seismic Hazards on the Island of Hawai`i. Washington:
U.S. GPO.
Kelly, M. 1981. "Archaeological and Historical Studies for the Alenaio Stream Flood
Damage Reduction Study, Hilo Hawai`i. Report 1. Background History." Department of
Anthropology, B.P. Bishop Museum, Honolulu. Prepared for U.S. Army Engineer
District, Pacific Ocean.
Maly, K. 1996b. Historical Documentary Research and Oral History Interviews,
Waiakea Cane Lots (12, 13, 17, 18, 19, 20 & 20A). Hilo: Kumu Pono Associates.
McEldowney, H. 1979. "Archaeological and Historical Literature Search and Research
Design: Lava Flow Control Study, Hilo Hawai`i." Manuscript on file, Department of
Land and Natural Resources -State Historic Preservation Division.
U.S. Dept. of Commerce, Economics and Statistics Administration, Bureau of the
Census, 2011, http: / /factfinder.census.gov /.
U.S. Soil Conservation Service. 1973. Soil Survey of Island of Hawai`i, State of Hawai `i.
Washington: U.S.D.A. Soil Conservation Service.
University of Hawai`i at Hilo, Dept. of Geography. 1998. Atlas of Hawai`i. 3rd ed.
Honolulu: University of Hawai`i Press.
U.S. Fish and Wildlife Service (USFWS). 2011. USFWS Threatened and Endangered
Species System (TESS). Washington: GPO. http: / /ecos.fws.gov /tess public /StartTESS.do
Wolfe, E.W., and J. Morris. 1996. Geologic Map of the Island of Hawai`i. USGS Misc.
Investigations Series Map i- 2524 -A. Washington, D.C.: U.S. Geological Survey.
31
Winegar/ Furchgott Change of Zone Application
EXHIBITS
IN SUPPORT OF
CHANGE OF ZONE APPLICATION
A. Letter to SHPD Requesting a
"No- Effect" Determination
B. Floor Plans and Elevations for
The Proposed Structures
Winegar /Furchgott change of Zone Application
EXHIBIT A
Letter to SHPD Requesting a
"No- Effect" Determination
October 14, 2011
GOERS
ENTERPRISES, LLC
Land Use Alternatives
Post Office Box 1 101
Karnuela, Hawaii 96743
Phone (808) 880 -1455
Fax (808) 880 -1456
gmooer s@-hawaii.rr.com
Theresa K. Donham
State Historic Preservation Division
40 Po`okela Street
Hilo, HI 96720
Re: Chapter 6E -42 Historic Preservation Review
Request for "No- Effect" Letter
TMK: (3) 2 -2- 038:017
1625 Kinoole Street
Waiakea, South Hilo, Island of Hawaii, State of Hawaii
Dear Theresa:
oco
Ay
I am processing a Change of Zone Application and for the property identified above in Waiakea, South
Hilo. I have been required by the Planning Department to either get a "no effect" letter from your
Division or do an inventory survey for the subject property.
The fully developed property contains an existing single - family dwelling that was constructed in 1923
along with associated landscaping. The home is in ruins as it was abandoned decades ago. The owners
are requesting permission to change the zone of the property to Multiple Family 3,000 sf to accommodate
a 14 -uit apartment complex to provide housing for the University of Hawaii -Hilo. I am enclosing an
application booklet which contains the site plan, floor plan, elevations and photographs of the site.
I would like a letter from your office either finding there would be "no effect" or guidance on the type of
archaeological work that would be required for you to make that determination.
Should you require additional information or have any questions, please contact me. I appreciate your
prompt response to this letter.
Sincerely,
060.640'
Gregory Mooers
President
GRM:jy
enclosures
Winegar/ Furchgott change of Zone Application
EXHIBIT B
Floor Plans and Elevations for
The Proposed Structures
ELECTRICAL LEGEND
SWITCH
OUTLET
6 2)0. OUTLET
6°'I GROUND FAULT OUTLET
WEATHERPROOF OUTLET
PULL CHAN LIGHT
CEILING MOUNT LIGHT
Q WALL MOUNT LIGHT
4- RECESSED LIGHT
.3, _2. VANITY BAR LIGHT
cap DUAL FLOOD LIGHT
COLNG FAN U/LIGHT
II® BATH VTNT FAN
9 SMOKE DETECTOR
FLUORESCENT
V PHONE JACK
CABLE
DOOR
OPENER
NOTE: LOCATIONS ARE SUGGESTED ONLY. SEE
OWNER AND /OR BUILDER FOR SPECIFIC
LOCATIONS.
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REVISIONS
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INITIAL.
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
DATE: November 23, 2011
7/from/madam
TO: BJ Leithead Todd, Planning Director
FROM: Department of Public Works
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 11- 000147)
Applicants: Thomas Winegar and Susan Furchgott
Request: RS -10 to RM -3
Tax Map Key: 2 -2 -38: 017
We have reviewed the subject application forwarded by your memo dated October 24,
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 study shall be prepared and the recommended drainage
system shall be constructed meeting the approval of the Department of Public Works.
The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map
(FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area
determined to be outside the 500 -year floodplain.
All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion
and Sedimentation Control, of the Hawaii County Code.
The Zoning Map classifies Kinoole Street as a secondary arterial. It has an existing right -
of -way width of 55 feet fronting the subject parcel. The driveway connection to Kinoole
Street shall conform to Chapter 22, County Streets, of the Hawaii County Code.
Install streetlights and traffic control devices as may be required by the Traffic Division,
Department of Public Works. The applicant shall be responsible for the design, purchase,
and installation of such devices.
Questions may be referred to Kelly Gomes at ext. 8327.
Planning Dept.
Exhibit _ ...
County of Hawaii is an Equal Opportunity Provider and Employer
Cottle, Maija
From: Gomes, Kelly
Sent: Wednesday, November 30, 2011 10:08 AM
To: Cottle, Maija
Subject: RE: REZ 11 -147 Winegar /Furchgott, TMK 2 -2 -38:17
Attachments: Zoning Map.pdf
Hi Maija,
We use a yellowed copy of the Zoning map interpreting the legend's (attachment) line width. Based on the
Kinoole's line width as compared to the legend, I should have stated its classification as a "collector street."
Kelly
Original Message
From: Cottle, Maija
Sent: Wednesday, November 30, 2011 9:17 AM
To: Gomes, Kelly
Subject: REZ 11 -147 Winegar /Furchgott, TMK 2 -2 -38:17
Hi Kelly,
The memo DPW sent on November 23, 2011 regarding the above - referenced rezone
application refers to Kino'ole Street as a secondary arterial requiring an 80 -foot wide right -of-
way, but Planning's copy of the City of Hilo Zone Map identifies this portion of Kino'ole Street
as a major collector requiring a 60 -foot wide right -of -way. Can you please re -check your map
and verify the roads classification? Thanks Kelly!
Maija Cottle
County of Hawaii- Planning Department
Ph: 961 -8159 Fax: 961 -8742
101 Pauahi Street, Suite 3
Hilo, HI 96720 -4224
1
TO:
FROM:
SUBJECT:
DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
3 4 5 KEKOANAO'A STREET, SUITE 20 • HILO, HAWAII 96720
TELEPHONE (808) 961 -8050 • FAX (808) 961 -8657
November 29, 2011
Ms. BJ Leithead Todd, Director
Planning Department
Milton D. Pavao, Manager -Chief Engineer
CHANGE OF ZONE APPLICATION (REZ 11- 000147)
APPLICANT — THOMAS WINEGAR AND SUSAN FURCHGOTT
REQUEST: RS -10 TO RM -3
TAX MAP KEY 2 -2- 038:017
We have reviewed the subject application and have the following comments and conditions.
Water is available from an existing 6 -inch waterline within Kino`ole Street fronting the subject parcel.
The subject parcel is 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).
Upon receipt of the water usage calculations above, the Department will make a determination
as to the water commitment deposit amount and prevailing facilities charge, which is subject to
change, to be paid. Based on the water demand calculations, the Department will determine the
appropriate service lateral and meter size required. The existing 5/8 -inch meter will need to be
cut and plugged.
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. 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
Planning Dept.
Exhibit I
...`1Nater, Our 7vfost Precious Resource ... a Wai A Kane .. .
Ms. BJ Leithead Todd, Director
Page 2
November 29, 2011
for the relocation and adjustment of the Department's affected water system facilities, should
they be necessary.
Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and
Planning Branch at 961 -8070, extension 256.
RQ:dfg
Sincerely yours,
Mil on . Pavao, P.E.
Ma age -Chief Engineer
copy — Thomas W. Winegar and Susan E. Furchg
Gregory R. Mooers, Mooers Enterprises, LLC
William P. Kenoi .
Mayor
November 7, 2011
T
• 07
County of Hawaii
POLICE DEPARTMENT
349 Kapiolani Street • Hilo, Hawai`i 96720 -3998
(808) 935 -3311 • Fax (808) 961 -8865
TO : BJ LEIT AD TOL?8, NNING DIRECTOR
FROM : HNR TAVARE , J ., ASSISTANT POLICE CHIEF
AREA PERATIO
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 11- 000147)
APPLICANT: THOMAS WINEGAR AND SUSAN FURCHGOTT
REQUEST: RS -10 TO RM -3; TMK: 2 -2- 038:017
Harry S. Kubojiri
Police Chief
Paul K. Ferreira
Deputy Police Chief
Staff, upon reviewing the provided documents and visiting the location, has the following
concerns.
The location of this development is surrounded by single family residential homes across the
street and on both sides of the complex. There is the likelihood that this complex will generate
police nuisance calls such as loud party and loud noise complaints affecting the quality of life of
residents living nearby.
The roadway has one lane for traffic in each direction and traffic in this area is constant with
high traffic flow during the morning and afternoon hours.
The parking area in the preliminary site plan identifies over 20 vehicle parking stalls. The plan
calls for 14 three - bedroom apartments to provide housing for University of Hawaii -Hilo students.
If this complex is built, it will have the potential to house more than 42 students without providing
sufficient parking.
Once again, the increase in population density will affect traffic and quality of life for nearby
residents and may increase police calls for service to this area.
Thank you for allowing us the opportunity to comment.
If you have any questions, please contact S. Hilo Patrol District commander, Captain Robert
Wagner, at 961 -2214.
RW:Ili
110717
Planning Dept.
Exhibit 5
"Hawaii County is an Equal Opportunity Provider and Employer"
William P. Kenoi
a A
or
i
r1 10: 20
October 28, 2011
County of R)atuai'i
HAWAI'I FIRE DEPARTMENT
25 Aupuni Street • Room 2501 • Hilo, Hawaii 96720
(808) 932 -2900 • Fax (808) 932 -2928
TO: BJ LEITHEAD TODD, PLANNING DIRECTOR
FROM: DARREN J. ROSARIO, FIRE CHIEF
Darren J. Rosario
Fire Chief
Renwick J. Victorino
Deputy Fire Chief
SUBJECT: SPECIAL PERMIT APPLICATION (SPP 11- 000147)
APPLICANT: THOMAS WINEGAR AND SUSAN FURCHGOTT
REQUEST: RS -10 TO RM -3
TAX MAP KEY: 2 -2- 038:017
In regards to the above - mentioned Special Permit 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 b
Hawai'i County is an Equal Opporhmihj Provider and Employer. ip,,
75396
BJ Leithead Todd
October 28, 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 28, 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.
C2/4-
DARREN J. ROSARIO
Fire Chief
KT:lpc
NEIL ABERCROMBIE
GOVERNOR
MEMORANDUM
DATE: October 28, 2011
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 916
HILO, HAWAII 96721 -0916
TO: Bobby Jean Leithead Todd
Planning Director, County of Hawaii
LORETTA J. FUDDY, A.C.S.W., M.P.H.
Director of Health
FROM: Newton Inouye c)-
Acting District Environmental Health Program Chief
SUBJECT: Change of Zone Application (REZ 11- 000147)
Applicant: Thomas Winegar and Susan Furchgott
Request: RS -10 to RM -3
Tax Map Key: 2- 2- 038:017
Have Okahara & Associates send septic system design to Wastewater Branch in Honolulu for
review.
The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the
subject document on October 26, 2011. The CWB has reviewed the limited information
contained in the subject document and offers the following comments:
1. The Army Corps of Engineers should be contacted at (808) 438 -9258 for this
project. Pursuant to Federal Water Pollution Control Act (commonly known as
the "Clean Water Act" (CWA)), Paragraph 401(a)(1), a Section 401 Water
Quality Certification (WQC) is required for "[a]ny applicant for Federal license or
permit to conduct any activity including, but not limited to, the construction or
operation of facilities, which may result in any discharge into the navigable
waters... ". The term "discharge" is defined in CWA, Subsections 502(16),
502(12), and 502(6); Title 40, Code of Federal Regulations, Section 122.2, and
Hawaii Administrative Rules (HAR), Chapter 11 -54.
2. In accordance with HAR, Sections 11 -55 -04 and 11 -55- 34.05, the Director of
Health may require the submittal of an individual permit application or a Notice
of Intent (NOI) for general permit coverage authorized under the National
Pollutant Discharge Elimination System (NPDES).
a. An application for an NPDES individual permit is to be submitted at least
180 days before the commencement of the respective activities. Th° -
Planning Dept. SCANNED
Exhibit 7 p °' t
BJ Leithead Todd
October 28, 2011
Page 2 of 4
NPDES application forms may also be picked up at our office or
downloaded from our website at:
http: / /www.hawaii . gov /health/environmental /water /cleanwater /forms /indi
v- index.html.
b. An NOI to be covered by an NPDES general permit is to be submitted at
least 30 days before the commencement of the respective activity. A
separate NOI is needed for coverage under each NPDES general permit.
The NOI forms may be picked up at our office or downloaded from our
website at:
http : / /www.hawaii. gov /health/environmentallwater /c 1 eanwater /forms /genl
- index.html.
i. Storm water associated with industrial activities, as defined in Title
40, Code of Federal Regulations, Sections 122.26(b)(14)(i) through
122.26(b)(14)(ix) and 122.26(b)(14)(xi). [HAR, Chapter 11 -55,
Appendix B]
ii. Construction activities, including clearing, grading, and
excavation, that result in the disturbance of equal to or greater than
one (1) acre of total land area. The total land area includes a
contiguous area where multiple separate and distinct construction
activities may be taking place at different times on different
schedules under a larger common plan of development or sale. An
NPDES permit is required before the commencement of the
construction activities. [HAR, Chapter 11 -55, Appendix C]
iii. Discharges of treated effluent from leaking underground storage
tank remedial activities. [HAR, Chapter 11 -55, Appendix D]
iv. Discharges of once through cooling water less than one (1) million
gallons per day. [HAR, Chapter 11 -55, Appendix E]
v. Discharges of hydrotesting water. [HAR, Chapter 11 -55,
Appendix F]
vi. Discharges of construction dewatering effluent. [HAR, Chapter
11 -55, Appendix G]
vii. Discharges of treated effluent from petroleum bulk stations and
terminals. [HAR, Chapter 11 -55, Appendix H]
viii. Discharges of treated effluent from well drilling activities. [HAR,
Chapter 11 -55, Appendix I]
ix. Discharges of treated effluent from recycled water distribution
systems. [HAR, Chapter 11 -55, Appendix J]
BJ Leithead Todd
October 28, 2011
Page 3 of 4
x. Discharges of storm water from a small municipal separate storm
sewer system. [HAR, Chapter 11 -55, Appendix K]
xi. Discharges of circulation water from decorative ponds or tanks.
[HAR, Chapter 11 -55, Appendix L]
3. In accordance with HAR, Section 11- 55 -38, the applicant for an NPDES permit is
required to either submit a copy of the new NOI or NPDES permit application to
the State Department of Land and Natural Resources, State Historic Preservation
Division (SHPD), or demonstrate to the satisfaction of the DOH that the project,
activity, or site covered by the NOI or application has been or is being reviewed
by SHPD. If applicable, please submit a copy of the request for review by SHPD
or SHPD's determination letter for the project.
4. Any discharges related to project construction or operation activities, with or
without a Section 401 WQC or NPDES permit coverage, shall comply with the
applicable State Water Quality Standards as specified in HAR, Chapter 11 -54.
Hawaii Revised Statutes, Subsection 342D -50(a) requires that "[n]o person, including any public
body, shall discharge any water pollutants into state waters, or cause or allow any water pollutant
to enter state waters except in compliance with this chapter, rules adopted pursuant to this
chapter, or a permit or variance issued by the director."
If you have any questions, please contact Mr. Alec Wong, Supervisor of the Engineering Section,
CWB, at (808) 586 -4309.
Construction activities must comply with the provisions of Hawaii Administrative Rules,
Chapter 11 -46, "Community Noise Control."
1. The contractor must obtain a noise permit if the noise levels from the construction
activities are expected to exceed the allowable levels of the rules.
2. Construction equipment and on -site vehicles requiring an exhaust of gas or air
must be equipped with mufflers.
3. The contractor must comply with the requirements pertaining to construction
activities as specified in the rules and the conditions issued with the permit.
Should there be any questions on this matter, please contact the Department of Health at
933 -0917.
We recommend that you review all of the Standard Comments on our website:
http: // hawaii .gov /health/enviromnental/ env - planning /landuse /landuse.html. Any comments
specifically applicable to this project should be adhered to.
The same website also features a Healthy Community Design Smart Growth Checklist
(Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State
Department of Health. The BEWG recommends that state and county planning departments,
developers, planners, engineers and other interested parties apply the healthy built environment
BJ Leithead Todd
October 28, 2011
Page 4 of 4
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 1 1-000147.my
4
William P. Keno`
Mayor
Cnattli r .afeRtthtini`r
®fficP of uusing anb CIummuuifi PQiiPtupin xcf
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 28, 2011
MEMORANDUM
TO: Bobby -Jean Leithead Todd
Planning Department
FROM: es phe J. Arnett
Housing Administrator
SUBJECT: Change of Zone Application (REZ 11- 000147)
Applicant: Thomas Winegar and Susan Furchgott
Request: RS -10 to RM -3
Tax Map: (3) 2 -2- 038:017
The Office of Housing and Community Development has
reviewed the application and determined that Affordable
Housing Conditions are applicable to the subject request.
Thank you for the opportunity to comment.
G: /Planning /2097pasr.docx
Planning Dept.
Exhibit $
Stephen J. Arnett
Housing Administrator
Niniau K. Simmons
Assistant Housing
Administrator
SCAN E,
it/
EQUAL HOUSING OPPORTUNITY
"HAWAII COUNTY IS AN EQUAL OPPORTUNITY
PROVIDER AND EMPLOYER"
4
NEIL ABERCROMBIE R {.; r"' «�,;�•
GOVERNOR OF HAWAII f s.3` ?,.:-,
STATE OF HAWAII
DEPARTMENT OF LAND AND NATURAL RESOURCES
HISTORIC PRESERVATION DIVISION
KAHUHIHEWA BUILDING
601 KAMOKILA BLVD, KAPOLEI HI 96707
WILLIAM J. AILA, JR.
CIlAIRPIRSON
BOARD OF LAND AND NATURAL RESOURCES
COMMISSION ON WATER REOURCE MANAGEMENT
GUY H. KAULUKUKUI
FIRST DEPUTY
WILLIAM M. TAM
DEPUTY Mir TOR - myna
AQUATIC RESOURCES
BOATING AND OCEAN RECREATION
BUREAU OF CONVEYANCES
COMMISSION ON WATER RESOURCE MANAGEMENT
CONSERVATION AND COASTAL (ANDS
CONSERVATION AND RESOURCES ENFORCEMENT
INGINaRING
FORESTRY AND WILDLIFE
1RSTORIC PRISIRVATION
KAl1OOIAW E LSLAND RES. COMMISSION
LAM)
STATE PARKS
DATE: November 2, 2011 LOG: 2011. 2890
DOC: 1111MG02
TO:
Planning Department
County of Hawai'i
101 Pauahi Street, Suite 3
Hilo, HI 96720
SUBJECT: Chapter 6E -42 Historic Preservation Review
Project: Change of use for Winegar/Furchgott Property from RS to RM
Owner: Thomas Winegar and Susan Furchgott
Permit#: REZ 11- 000147
Location: 1623 Kinoole Street, Hilo Hawai'i
Tax Map Key: (2) 2 -2- 038:017
This letter is in response to a change of use application dated October 24, 2011 and received by this office on
October 28, 2011. The application is in regards to a proposed zoning change and demolition of structures at 1623
Kinoole Street in Hilo on the island of Hawai'i. The proposed change of use would allow the construction of a large,
multi - family dwelling on the property. The Area of Potential Effect (APE) for the project would be the parcel.
Hawai'i county records indicate that there is a house located on the property that dates from 1923. Photographs
provided with the application materials show evidence of an outbuilding associated with the house described as an
array of animal cages. The house and outbuildings are in great disrepair after decades of disuse.
The change of use permit application provided to the State Historic Preservation Division (SHPD) includes photos
of the house and its associated outbuilding to be demolished. Both are in exceptionally poor condition and their
historic integrity is lost. For this reason SHPD determines that no historic property is affected by this project
Any questions should be addressed to Mike Gushard, SHPD Architectural Historian at (808) 692 -8026 or
michael.j.gushard@hawaii.gov.
Mahalo for the opport I ity to comment,
Angie Westfall
Architecture Branch Chief, Hawaii Historic Preservation Division
Planning Dept.
Exhibit
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.
November 14, 2011
OOERS I ,TME
ENTERPRISES, LLC
Land Use Alternati y Nov 17 pm 2: 05
Post Office Box 1101
Kamuela, Hawaii 96743
Phone (808) 880 -1455
Fax (808) 880 -1456
grnooers@hawaii.rr.corn
Ms. Leithead Todd, Director
Planning Department
County of Hawaii
101 Pauahi Street, Suite3
Hilo, Hawaii 96720
Re: CHANGE OF ZONE REQUEST (REZ 11 -147)
RS -10 to RM -3
PETITIONER: THOMAS WINEGAR AND SUSAN FURCHGOTT
TAX MAP KEY (3) 2 -2- 038:017
Dear Ms. Leithead Todd:
Your staff has forwarded to me agencies' comments regarding the application identified above. Please see my
responses below.
Police Department:
The General Plan designates this area as Medium Density Urban which specifically directs this type of
development, up to 35 -units per acre, to this area. The proposed use is consistent with many provisions of the
General Plan, specifically noted in the application. The General Plan advocates this type of growth near the
University to help support the mission of the University which is vital to the economic vitality of the Hilo area.
While the zoning code requires only 20 -units of parking, the site plan depicts 27- units, or 35% more than required.
With the project located within one -half mile of campus the applicants are attempting to cater to students who will
be walking to campus.
Office of Housing and Community Development:
The applicant understands affordable housing conditions are applicable to the project.
Department of Health:
The applicants will comply with all federal, state and county regulations related to drainage, runoff, and noise
control.
Should you or your staff require any additional information, please contact me directly. Thank you for your
prompt review of this application.
Sincerely,
i
GregcjQZ. Mooers
President
Planning Dept.
Exhibit 10
SCANNED
iVOU i 7 2011
BY :0'15367
Bill 178 /Comm. 555
RWinegarREZ.doc-12/6/1 1
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
THOMAS WINEGAR AND SUSAN FURCHGOTT
CHANGE OF ZONE APPLICATION (REZ 11 -147)
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 applicants are requesting a Change of Zone from Single - Family Residential —
10,000 square feet (RS -10) to Multiple - Family Residential — 3,000 square feet (RM -3)
for 42,660 square feet of land in order to allow the construction of a fourteen (14) -unit
apartment complex to provide housing for students attending the University of Hawai`i at
Hilo. 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
Multiple -Family Residential — 3,000 square feet (RM -3) zoning district conforms to
applicable goals, policies and standards of the General Plan. According to the Zoning
Code, the purpose of the Multiple- Family Residential zoning district is to provide for
medium and high density residential use. It covers areas with full community facilities
and services, and may occupy transition areas between commercial or industrial areas and
other districts of less intense land use. 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. The adjacent property to the northeast is zoned RM -4 and
developed with a duplex residence. Other nearby properties that have recently been
rezoned to the RM zoning district include TMK 2 -4- 001:116 located about 600 feet to the
northwest, which was rezoned in 2009 from RS -10 to RM -1.5 and TMK 2 -2- 026:024
located about 1,500 feet to the northwest, which was rezoned in 2006 from RS -10 to
RM -1. The University of Hawai`i at Hilo and Hawai`i Community College campuses
are located within one half mile of the subject property.
The General Plan is intended to be used as a policy guide for the coordinated
growth and development of all sectors of the County. It sets forth goals, policies,
standards and courses of action to accommodate growth without congestion, to designate
and preserve the lands needed for residential use, commercial and visitor services,
industry, agriculture and open space, and to coordinate these uses with the County's
service and circulation systems. The overall goals, policies and standards are set forth to
physically plan the lands in the County in the best interest of the island's residents.
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
Multiple - Family Residential (RM) 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. The
applicant's request for RM -3 zoning, which would allow the development of a 14 -unit
apartment complex, is consistent with the LUPAG Map. The rezone request will also
conform to, among others, the goals, policies and standards of the Land Use and Public
Facilities Elements of the General Plan:
Land Use
• Zone urban-types of uses in areas with ease of access to community services and
employment centers and with adequate public utilities and facilities.
Land Use — Multiple - Family Residential
• Provide for multiple - family residential developments that maximize convenience
for its occupants.
• Appropriately zoned lands shall be allocated as the demand for multiple - family
dwellings increases. These areas shall be allocated with respect the places of
employment, shopping facilities, educational, recreational and cultural facilities,
and public facilities and utilities.
Public Facilities
• Participate in the development of student housing and faculty housing for the
university and other joint -use facilities.
The General Plan recognizes that the lack of adequate student housing has made it
difficult for the UH Hilo Campus to achieve an increase in enrollment. The proposed
change of zone will directly support the goals, policies and standards of the General Plan
by providing much needed multiple- family residential housing near the university and
community college and in an area with adequate infrastructure to accommodate the
development of the property to a higher density. Based on the above findings, the request
will conform to the Zoning Code and General Plan.
All essential utilities and services are available to the site. Access to the
property is from Kino`ole Street, which is a two -lane County roadway within a 55 -foot
wide right -of -way fronting the property. The General Plan identifies Kino`ole Street as a
major collector street requiring a right -of -way width of 60 feet. As part of a shoulder
improvement project completed in 2006, the County acquired right -of -way (5 -feet wide)
along the property's frontage in order to provide a paved shoulder and guardrail. Thus,
additional right -of -way is not required from the subject property for future road
widening.
Traffic will not increase significantly at the site based on the applicant's plans to
develop a 14 -unit apartment complex, which will generate approximately 8 trips during
the a.m. peak hour and 10 trips during the p.m. peak hour according to the ITE Trip
Generation Manual, 7`J' Edition. However, to be consistent with the concurrency
-3-
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
applicants be responsible for constructing any improvements identified in the TZAR
required by the Department of Public Works.
County water is available from an existing 6 -inch waterline within Kino`ole Street
fronting the property. The property is currently served by a 5/8 -inch meter that is limited
to an average daily usage of 400 gallons. The applicants 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 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. As
there is no municipal sewer system in the area, wastewater generated by the proposed
development will be disposed of by an 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
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
applicants remain responsible for complying with all other applicable governmental
requirements in connection with uses permitted within the Multiple - Family Residential
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
-4-
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 a Multiple - Family Residential — 3,000
square feet (RM -3) 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.
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 MULTIPLE- FAMILY
RESIDENTIAL — 3,000 SQUARE FEET (RM -3) AT WAIAKEA, SOUTH HILO, HAWAII,
COVERED BY TAX MAP KEY 2 -2- 038:017.
ORDINANCE NO.
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 Multiple - Family Residential — 3,000 square feet (RM -3):
Beginning at the northwest corner of this parcel of land, the coordinates of said
point of beginning referred to Government Survey Triangulation Station "HALAI ", being
6,022.35 feet South and 8,213.17 feet East, and running by azimuths measured clockwise
from True South:
1. 238° 10' 237.00 feet along Lots 15 -A and 15 -D (Grant 8356
to Frank Amaral);
2. 328° 10' 180.00 feet along Lots 3 -B and 3 -A (Grant 10697 to
Mrs. Shizue Okino);
3. 58° 10' 237.00 feet along Lots 17 -B and 17 -A (Grant
S -15256 to Peter K. Mehau Jr., et al.)
4. 148° 10' 180.00 feet along Parcel 141 (Kino`ole Street Road
Widening) to the point of beginning and
containing an area of 42,660 square feet,
more or less.
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:
R5 -10
R5 -10
5 -10
s
6,02255'5
0 &, E
"HALA213.17 '1„
0.
s�
R5 -10 40°
K5 -1
K5 -10
N
SINGLE - FAMILY RESIDENTIAL -
10,000 SOFT (RS -10)
TO MULTIPLE - FAMILY RESIDENTIAL -
3,000 SQFT (RM -3)
42,660 SQFT TOTAL
K5 -10
-10
R5 -10
R5 -10
R5 -10
R5 -1
R5 -10
125
250
500
750
Feet
1,000
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25 -8 -33 (CITY OF HILO ZONE MAP) ARTICLE 8.
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
SINGLE - FAMILY RESIDENTIAL- 10,000 SQFT (RS -10) TO
MULTIPLE — FAMILY RESIDENTIAL - 3,000 SQFT (RM -3),
AT WAIAKEA, SOUTH HILO, HAWAII
TMK: (3) 2-2-038:017
EXHIBIT "A"
MAP PREPARED BY:
COUNTY OF HAWAII, PLANNING DEPARTMENT
DATE: OCT 24, 2011
Thomas W. Wingar and Susan E. Furchgott
CWinegarREZ.doc-12/6/1 1
THOMAS WINEGAR AND SUSAN FURCHGOTT
CHANGE OF ZONE APPLICATION (REZ 11 -147)
CONDITIONS OF APPROVAL
A. The applicants, successors or assigns shall be responsible for complying with all of the
stated conditions of approval.
B. Construction of the development shall be completed within five (5) years from the
effective date of this ordinance. Prior to construction, the applicants, successors or
assigns shall secure Final Plan Approval for the 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), Hawai `i County Code.
C. Prior to the issuance of a water commitment by the Department of Water Supply, the
applicants 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 applicants 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.
E. Should the applicants, 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 applicants shall implement, when required by the Department of Public
Works, at no cost to the County, any transportation system improvements to Kino`ole
Street that may be deemed necessary by the Department of Public Works.
F. Driveway connection(s) to the Kino`ole Street shall conform to Chapter 22, Streets and
Sidewalks, of the Hawai`i County Code.
G. Streetlights and traffic control devices, as may be required by the Traffic Division,
Department of Public Works, shall be installed by the applicants at no cost to the County.
H. The method of sewage disposal shall meet with the requirements of the Department of
Health.
All development - generated runoff shall be disposed of on -site and shall not be directed
toward any adjacent properties.
J. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control,
of the Hawai`i County Code.
K. 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.
L. The applicants, 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 applicants, 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.
M. 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.
N. To ensure that the goals and policies of the Housing Element of the General Plan are
implemented, the applicants shall comply with the requirements of Chapter 11, Article 1,
Hawaii County Code relating to the Affordable Housing Policy. This requirement shall
be approved by the Administrator of the Office of Housing and Community Development
prior to Final Plan Approval.
O. The applicants, 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 applicants, 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 applicants 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.
Bill 178 /Comm. 555
Thomas Winegar and Susan Furchgoll
Change of Zone Application
No. 11 -147
ovation Map with coning
IHlhIIlhIuhIIIitIIIIIIIiII
eneral Plan LUPAG Map Designation
medium density
urban
low density urban
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Applicant's Request
• Change of Zone from Single - Family
Residential - io,000 square feet (RS -so) to
Multiple - Family Residential - 3,00o square
feet (RM-3).
• The applicant is requesting the change of
zone in order to allow the construction of a
14 -unit apartment complex to provide
housing for students attending the
University of Hawaii at Hilo. On -site parking
and landscaping meeting the requirements of
the zoning code will be provided.
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KINOOLE TEAS DEVELOPMENT
1623 KINOOLE STREET
Hilo, South Hilo, Hawaii Island
T.M.K. (3) 2-2 -038 : 017
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ino'ole Street looking north- property is on right side
Planning Director's Recommendation
• Forward a favorable recommendation
of the request to the County Council.
Bill 178 /Comm. 555
PLANNING COMMISSION
COUNTY OF HAWAII
HEARING TRANSCRIPT
JANUARY 5, 2012
A regularly advertised hearing on the application of THOMAS WINEGAR AND SUSAN
FURCHGOTT (REZ 11 -147) was called to order at 9:36 a.m. in the County of Hawai`i, Aupuni
Center Conference Room, 101 Pauahi Street, Hilo, Hawaii, with Chairman Zendo Kern presiding.
COMMISSIONERS PRESENT: Zendo Kern, Dean Au, Wallace Ishibashi, and Raylene Moses
STAFF PRESENT: Ivan Torigoe (Deputy Corporation Counsel), B. J. Leithead Todd (Planning
Director), Daryn Arai (Planning Program Manager), Phyllis Fujimoto (Staff Planner), Maija Cottle
(Staff Planner), Jeff Darrow (Staff Planner), Kelly Gomes (representing Chief Engineer from 9:36
a.m.), and Sharon Nomura (Secretary)
And 9 people from the public in attendance.
ABSENT & EXCUSED: Takashi Domingo and Stephen Ono
APPLICANTS: THOMAS WINEGAR AND SUSAN FURCHGOTT (REZ 11 -147)
Application for a Change of Zone from a Single- Family Residential — 10,000 square feet (RS -10) to a
Multiple - Family Residential — 3,000 square feet (RM -3) zoning district for approximately 42,660
square feet of land. The subject property is located on the east side of Kino`ole Street, approximately
400 feet north of West Ohea Street, Waiakea Homestead Houselots, South Hilo, Hawai`i, TMK: 2 -2-
038:017.
KERN: Moving on to Application No. 3, Thomas Winegar and Susan Furgotshot (phonetic), and I
apologize if I messed with either one of your names, probably did. REZ 11 -147, Application for a
Change of Zone from a Single - Family Residential — 10,000 square feet to a Multiple - Family
Residential — 3,000 square feet (RM -3) on approximately 42,660 square feet of land, located on
TMK: 2- 2- 038:017. With that, we're going to have a presentation. Maija?
COTTLE: Thank you, Mr. Chair. Good morning, Commissioners.
KERN: Good morning.
COTTLE: Happy New Year. The next application is a change of zone request. The subject property
is located in the South Hilo district. You can see it on the map outlined in black. And it's located just
east of Kinoole Street between Kawili Street and Ohea Street. The current zoning of the property is
Single Family Residential; and that's shown in yellow on the map. There are other zonings in the area.
The light brown and the dark, actually the light brown is Double - Family Residential; and that's located
to the south here. You also have other properties zoned Multi- Family Residential in the dark brown.
1
And there is also some Commercial zoning shown in the pink. This is a gas station here located on the
next street over.
This is the General Plan LUPAG Map for the area. And you can see that the subject property is
located in an area designated Medium Density Urban, that's shown in the orange. Medium Density
Urban designation allows residential zoning up to a maximum of -. I'm sorry, I just blanked, give me a
second here.
KERN: Glad I'm not the only one.
COTTLE: Up to 35 units per acre. That is different than the Low Density Urban density designation
which allows residential units up to six units per acre. And the High Density shown in red allows up to
I believe 87 units per acre.
This is an aerial photo of the property. You can see the subject property outlined in red. There is an
old house located in the middle of the property, as well as some animal cages. The house is currently
in a state of disrepair. You can also see that the surrounding area is mostly Single - Family Residential,
but it is an area of transition. As I mentioned before, there is a gas station located in this general area
here. There's a duplex unit located just behind the subject property. And then north of Kawili Street
there is some commercial zoning. There is a dental office, as well as a student dormitory nearby. And
then you can see the Waiakea High School; and the University is off the slide to the northwest.
The applicants are requesting a change of zone from Single - Family Residential - 10,000 square feet to
Multiple - Family Residential — 3,000 square feet. They are requesting the change of zone in order to
construct a 14 -unit apartment complex that will provide housing for students at the University.
This is the applicant's conceptual site plan. You have Kinoole Street on the left side of the slide.
There is an existing driveway in this area, and they are just proposing to expand that driveway as the
access. You have the parking area in the front; and then at this time they are proposing four structures.
And this is a photo of the site. It was a very rainy day, so it is hard to see the roadway. But it's a two -
lane road. The guardrail actually runs across the frontage of the property here. And the property is
located about 8 feet lower than the roadway. So this is the roadway looking north, and the property is
located in this area here. This is a view of Kinoole Street looking south; and again the property is
located in this area here. This is the existing driveway.
The Planning Director is recommending a favorable recommendation be forwarded to the County
Council for the request. And I just want to point out we did get one letter of testimony from Sam
Cooper; you should have that, you should have gotten that this morning. Are there any questions?
KERN: Are there any questions for staff? Seeing none, Maija?
COTTLE: Yeah. Thank you, Mr. Chair. I just wanted to point out also that although the applicant is
proposing a 14 -unit apartment complex at this time, there is a range of, there are a range of uses that
are permitted in the RM zoning district; and that is shown in your Exhibit 1 of your Background
Report. And that's it.
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KERN: Thank you very much. Are there any -?
AU: Yes.
KERN: Yes, Commissioner Au.
AU: Maija, can you bring up that up , so I can see where this property is?
COTTLE: Sure. So Mr. Cooper's property is located right here. And then just on the site plan, to
give a perspective, his property line is here and here; this is his lot right here. So he's just north along
the road of the subject property.
AU: Thank you.
KERN: Thank you. Any other questions for staff? Seeing none, thank you. Maija, appreciate it.
COTTLE: Thank you.
KERN: Can I get the applicant or the representative to please come forward. And whoever is going to
be speaking and giving testimony on that, raise your right hand. Do you swear to tell the truth today
before the Windward Planning Commission?
MOOERS: I do.
KERN: Okay. Very good. Give us your name and -.
MOOERS: My name is Greg Mooers. I'm a planning consultant for the applicants. My address is PO
Box 1101 in Kamuela.
KERN: Very good. You may begin.
MOOERS: Appreciate the staff's background report. We have been provided a copy of Mr. Cooper's
letter. And I would like an opportunity to respond to some of the issues and concerns that he raised.
Any time you look at a change of zone, there are really two areas in which the evaluation takes place.
And one is, I referred to as institutional considerations. In other words, how does this comply with the
various plans, and is this what the County wants to see happen or not? And in this case I think from
the General Plan slide it is very clear this is a Medium Density Urban area on the General Plan. And
there are countless comments in the General Plan about supporting the University, and the growth of
the University, and providing housing for the University. So I think clearly as far as the institutional
considerations, this is an appropriate use for the site.
The other consideration when we evaluate a plan is the infrastructural considerations -- parking,
access, drainage, noise, all of the issues that are very real. And I think if you read the comments from
the Police Department from Mr. Cooper there are some very valid points that are raised. And I'd like
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to go through them and explain how the applicant is required by law to address in some cases and by
conditions of the proposed change of zone ordinance as required by the Department.
If you have Mr. Cooper's letter I will follow through on this point by point. The first is this traffic
issue. And the first thing he says there is not enough parking to support the number of units to be
developed. By the Code, we would be required to have 20 units of parking on the site. The applicant
is proposing 35% more than that or 27 units. So I would dispute the fact that it is inadequate. It is
35% over the Code requirement.
The second point was that the driveway or the location of the driveway is unsafe for two cars to enter
and exit at the same time. If the existing drive way were to be used, that would be true. But the plan
shows a 24 -foot wide driveway, which frankly is wider than many roads on our island. So it is more
than adequate to allow the safe ingress and egress of two cars. It will be 12 -foot lanes. They point out
that there is no on street parking, and that is correct. We are not proposing to use any on street parking
here. The slide clearly shows there's a guardrail that fronts most of the property, other than the
driveway access.
And the final point regarding parking was a request for a traffic impact analysis report. The
Department of Public Works has warrants or basically requirements for when Public Works would
require a traffic study. And typically that is, a 50 -car per hour, per peak hour trip would trigger a
traffic impact analysis report. The proposed use, a 14 -build -, the apartment building is a 14 -unit
apartment building, would trigger 8 additional trips in the morning hour, peak hour, and ten in the
afternoon. So, you know, less than 20 percent of what is required would trigger it. But you will notice
in Condition E that Public Works is recommending a condition that basically says if the applicant
proposes any other land use that would trigger this 50 units per hour, peak hour, a TIAR would be
prepared, reviewed and approved by the Department of Public Works. So, currently, with the 14 units,
it's not a major traffic issue. The location of the site in the proximity of the University, the idea is to
try to attract students who would be walking to the University. And the other thing is typically
students don't have the same hour, work hour, same peak hours as the normal public would. They
don't go to school at, you know, 7 o'clock and come back at 4:30 or 5 o'clock, more back and forth
during the day. Particularly with this location they'd be able to walk back and forth.
Now the second issue is the drainage issue. And Mr. Cooper provides a pretty extensive history of
issues that he has had with the Department of Public Works relating to problems that occurred when
roadway improvements were made fronting the property. And in reality that really doesn't have much
to do with this change of zone application. That's a pre- existing condition. The requirements of the
law in Chapter 27 are very, very clear for any development. And it is a, it appears in this ordinance as
proposed Condition I. And basically it's you cannot increase the volume or velocity of the flow of any
water across the property; and that any water generated on the property by impervious surfaces, like
the parking lot and the buildings, must be disposed of on site, which means drywells. And if the
material and the area is so geologically set, there may be very deep drywells. But engineering wise,
and it is very, very simple to calculate the amount and volume of flow and the requirements. And the
Department of Public Works will ensure through its plan approval process that, in fact, any water
generated on site will be disposed of on site.
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Now the third issue that was raised was potential environmental hazards of destroying the existing
structure, whether it be lead -based paint or asbestos. The applicants will have to comply with all the
EPA requirements when destroying that building, or removing that building, so that the, their
guidelines will be adhered to.
The fourth issue raised had to do with Hawaiian hawks, owls, and Hawaiian hoary bats. I would refer
you to our application, and specifically on pages 20 and 21. Dr. Ron Terry, a former professor at the
University, conducted the botanical study and indicated that while these, you know, these birds were
not seen at the time that, in fact, they could exist here. He also points out that this is one undeveloped
lot in a residential area, so it's not a critical habitat but a potential habitat. And he provides some
proposed conditions which basically say during the spring and summer time to not to disturb that
foliage. In other words when and if the trees and the shrubs are being removed, it would have to be at
a time when the birds would not be nesting or raising their young, so that that would avoid any
potential harm to those animals.
The last one really is I think the crux of the issue, and that is too much noise and nuisance by providing
housing for these students. Clearly the lot is vacant right now. And anything that is put on that site is
going to increase noise and activity; and there is absolutely no question.
So you really go back to I think the first issue we talked about, which is the institutional
considerations. The General Plan is advocating support for the University. This project is designed to
support the University by providing student housing. Will there be more traffic? Yes. Will there be
more noise? Yes. That really is a decision that you need to make, is that how important is it to follow
the General Plan and to advocate for the University? Because anything that goes on that property is
going to be greater than what's there now because basically it's an abandoned home. So -.
The mitigation, I think there are things that we've talked with one of the neighbors about, which is
providing landscaped buffers -- we do have setbacks along the property lines -- and to provide, you
know, landscaping in a manner that would be consistent with the landscaping that may be on the
adjoining properties. To buffer and mitigate noise is something certainly that we would consider. And
that's all I have at this time.
KERN: Okay, a little housekeeping. You've received the background report, recommendation and
conditions, and you guys are acceptable with that?
MOOERS: Absolutely.
KERN: Okay. Are there any questions for the applicant or representative? I have just a quick one.
Are you guys planning on kind of following the guidance for disturbing of the green -?
MOOERS: Yes.
KERN: The green waste and what not? You guys are?
MOOERS: Yes.
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KERN: Please raise your right hand. I'll swear you in. Do you swear to tell the truth today before the
Windward Planning Commission?
WINEGAR: Yes.
KERN: Okay.
WINEGAR: Yes, we'll go by whatever guidelines, legal guidelines -.
KERN: Your other right hand.
WINEGAR: Recommendations. Okay.
KERN: You do swear to tell the truth today before the Windward Planning Commission?
WINEGAR: Yes, I do.
KERN: Okay. Cool. Thanks. Any other questions? Seeing none, you may have seat.
MOOERS: Mr. Chairman, I would like to reserve the opportunity to respond to any comments that are
made during public testimony.
KERN: That will be fine. Moving on to public testimony -. We do have one member from the public
signed up to testify. Sam Cooper, we'll have you come forward. And I'll swear you in. Do you swear
to tell the truth today before the Windward Planning Commission?
COOPER: Yes.
KERN: And give us your name and area you represent. You may begin. You have three minutes, so
there's a three - minute time limit.
COOPER: Thank you. My name is Sam Cooper. I'm representing my mother, Gloria Claire Cooper,
the owner of TMK: 3 -2 -2- 38:18; and my mom lives on the mainland. And in response to some of the
concerns, another thing with traffic is there will also be guests and visitors impacting the amount of
traffic to the property. Another point is that the ingress and egress is very dangerous even if it's 24
feet. By the location of the driveway, with a guardrail and rockwall on each side, and with Kinoole
Street flow of traffic, especially at peak hours, it's going to be very dangerous for ingress and egress of
the University students who do have cars and their guests that do have cars. There is no on- street
parking. There's no on -site parking. That was one reason in the attachment, the enclosed attachments
I gave to you regarding a liability for myself being able to ingress and egress out of my driveway
safely with my view site being taken away.
And I am in complete, I agree totally with the Police Department. That is their expertise. And there is
quite a bit of heavy traffic in the mornings. Usually it's stop and go from around 7:30 to 8:00 o'clock,
which is going to really impact the traffic flowing to school, flowing to the University, and the safety
of the neighborhood.
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Regarding the drainage issues, yes, that does have a major impact on this property. The friability
(phonetic), the strata is very sensitive there; and I did see that in the Kinoole Street improvements, that
Federal Project #STP 100 -059. And I want to thank the County, the Engineering, the Planning and the
Traffic for all their help to remediate, and taking care of the issues that did arise that were really not
the, anyone's fault. It's just, it's what had happened with the grubbing of the said areas. And I feel
that there is not enough, I feel that area does not perk well. Drywell pits may not be enough to contain
the amount of rainfall that could, and flooding that could happen in times of heavy rainfall. We have
been in a drought the last six or seven years, we're beginning to come back into our natural weather
pattern.
The other thing, too, I'm not sure if the septic systems, those could be compromised. In times of
flooding that could impact the health and safety of the surrounding neighbors. And -.
KERN: I'll ask you to please summarize. That's the three minutes.
COOPER: Okay. My other point is, you know, abolishing of that dilapidated structure. Well, one
other thing on the drainage they were stating a drywell on the street -.
KERN: Fifteen more seconds in summarization.
COOPER: Okay. I feel that this development has too much density for the surrounding neighborhood.
And the noise and nuisance cannot be buffered by landscape. It's too much, and I am in agreement
also with the County of Hawaii's letter to you on the 7th in regards to that. I just feel it's too dense of
a, and also it's 14 3- bedroom apartments. So that's 42 residents.
KERN: Okay.
COOPER: Thank you so much for your time. -.
KERN: Thank you. Are there any questions for the testifier? Seeing none, thank you. You may have
a seat.
COOPER: Thank you.
KERN: Well, I think we've done all we need to do that far. So we're willing to entertain a motion,
anyone?
AU: I -.
KERN: Commissioner Au, do you -?
AU: I have a question for the applicant.
KERN: Yeah. Can you please come forward, applicant, representative.
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AU: Thank you. You know, traffic is, traffic and parking is an issue. And I'm just looking at your
preliminary construction plan, and I don't see any parking in here. So how would you deal with -?
MOOERS: Parking, there are 27 units in between, on the front side of the property between Kinoole
and the buildings -.
COTTLE: Commissioner Au, I can point it out to you. There are 27 spaces, 27 stalls, in the very front
of the property here.
AU: Okay, okay. I was just looking through my, and I didn't see it.
COTTLE: Yeah, it's in the very beginning of your packet.
LEITHEAD TODD: Just before page 6.
AU: Okay, thank you.
KERN: Do you have, are you going to ask many more questions, Commissioner Au?
AU: No. I'm done. Thank you.
KERN: Okay. Since we have the applicant up here, are there any questions at this time? We're good.
Thank you. You may have a seat. We do have one other member signed up to testify from the public.
And since we do not, we're not in the process of a motion quite yet, we're going ahead and do this,
okay, and considering that the opportunity for public testimony is still open. So I will call up David
Hurd. There is a three- minute time limit on this. You may have a seat. Use the microphone please.
And I'll swear you in before we start. Can you raise your right hand. Can you grab the microphone.
HURD: Using both hands -.
KERN: I know. It's a tricky one. Do you swear to tell the truth today before the Windward Planning
Commission?
HURD: Yes.
KERN: Okay. And before you begin, give us your name and area you represent; and then you may
begin.
HURD: Okay. My name is David Hurd, H-u-r-d. I live at 1626 Kinoole, immediately across from the
proposed building site.
KERN: Okay. You may begin. You've got three minutes.
HURD: Okay. The building site has a rather checkered history. We've lived in or present house for
approximately 20 years. And it was actually inhabited when we first moved in. But since the person
who lived there died, the house and the lot has gradually gone into decay. And at this time it is a
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mosquito and coqui infested place that's particularly unattractive. I, having taken a look at these plans,
I think if these buildings are put up as the plans are shown, I feel that they would be a very attractive
and useful addition to the neighborhood. It's, the neighborhood between Kawili and Puainako is
largely rental units anyway. So there's no kind of fundamental change with respect to the usage of the
buildings. And with respect to traffic concerns I think it would be minimal. There's traffic there in the
morning for about 15 or 20 minutes in terms of backup going to the University and the schools, and
another dozen or so people probably wouldn't even come in at the noise level with respect to that. I
don't see noise being a problem if the college aged students are going to be in there. We have several
groups of those immediately adjacent to us now and it's not a problem. They're just kids. So with
that, once again I would like to speak in favor of the project. I think it will be an attractive and positive
addition to the neighborhood. Thank you.
KERN: Thank you. Are there any questions for the testifier? Seeing none, you may have a seat.
Thank you very much. Okay, so we are going to officially close public testimony at this point in time,
and willing to entertain a motion. Commissioner Au?
AU: Thank you, Mr. Chair. I move to send a favorable recommendation to the Hawai`i County
Council for applicants Thomas Winegar and Susan Furchgott, Rezone 11 -147, with the proposed
conditions.
KERN: Is there a second?
MOSES: I second.
KERN: Very good. Motion has been made and seconded. Any discussion? Commissioner Au.
AU: This development is a much needed development. You know, we all cannot deny the fact that we
do need housing for our growing University. So, you know, looking at this development, all the
buildings and, you know, everybody, the applicant is complying and will be complying with all the
rules and regulations set forth. So I think this is a good development.
KERN: Okay. Any other discussion? I'll put my two cents for a little, prior Commissioner Iwashita
coming through here saying maybe it's time that when we have the budget to update the Hilo
Community Development Plan so we have an, you know, updated version of that to kind of work with
the growing need of the UH and the changes that are occurring in town. So I feel him chirping in my
ear right now, so I'll put that out there. With that, I'm going to support this too. It is needed, we do
need the housing.
This is also about neighbors working together. We've, you know, this is a time where we need
cooperation. This is the time where we need people to work together to help work with this. And we,
you know, the more division that we have amongst each other, the more division that we have amongst
our different, you know, subdivisions and communities on each side of the island. We're all losing.
We really do need to work together and be good neighbors with each other. So with that I hope you
guys can work with that and be good neighbors; and I'm going to support this project. So with that,
any other discussion? Seeing none, Maija.
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COTTLE: Thank you, Mr. Chair. The motion before you is to send a favorable recommendation to
the County Council. Commissioner Au?
AU: Aye.
COTTLE: Commissioner Moses?
MOSES: Aye.
COTTLE: Commissioner Ishibashi?
ISHIBASHI: Aye.
COTTLE: And Chair Kern?
KERN: Aye.
COTTLE: Okay, the motion passes four -zero.
KERN: So you'll be notified in writing.
The discussion ended at 10:07 a.m.
Respectfully submitted,
Sharon M. Nomura, Secretary
Windward Planning Commission
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