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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.) r r f f E 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. � J 10-0" 3 -0" 10.-0" 12' -0" 4' -0" 4` -0" 12' -0" 10 -0' / 3'-0' 10'-0" ! r ! 'b' -0° N Authorized user: Alice Suncloud 0 2 at9 o gt It! ;4C Z 181; lift b* Q pf ;4 �x t -8s 2 [„0 9 k. U b- O 42_13I.00ATION, SQUARE FOOTAGE LIVING 41Y SF OTHER: I ' 232 SF 4403 SF DATE, 1 DRAWN BY{ FILENAMES I 3NSSET FLOOR PLAN S'-8" y y 2 -4" 11-0" 11•-0' y 3-4" 3' -0" 2' -B" 4' -2° 3-0' x 5 5 -0° 3-0' x 5 5' -0' 3 3'-0' x 5 4 3-0' 3 5-0' 3' -0" x 5 5-0" 5' -0' 3 2 g° 3 3 -4" 3 1. •° x 3-0' 3 3' -0° 3.-4" , • • x 5 , 3-0' x 5 MASTER - - 8 iii 1 ` • M - % % - 0 1, 2 4 c MASTER } ¢ P . .RUN } BEDROOM - 8 OM [.. 4 . /r 2 �; ,1 1 \ al s -«Q m . R " - ROLL-IN " V-0" 9 9I ` ` rga V CO ROLL IN I� r r• l, O O = .g4‘ C = g _ . _ ili 3HDUR - -- 1 .-- _,,_ _ 7 710 q q ♦ , _ �Wall L 3-0 L / I L M L Ll R I , Y�I t 6' LINEN / ,, Y LINEN / I _ v = — 3 3 -0° 3 3' 0 x 5'v° = _ B - --CH BEDROOM2 NEM 3'-0 x x 5' -0' 3 3' -0" x 5 5' -0' Q Q M 3-0' x 3-0' 3 3' -0' x 5' -0' f f � NM 5' -076^ 5 5 -0ib" -076° ������ 5 ! ! ! F FLOOR FLA SCALE 1/4' = 1'4 N Authorized user: Alice Suncloud 0 2 at9 o gt It! ;4C Z 181; lift b* Q pf ;4 �x t -8s 2 [„0 9 k. U b- O 42_13I.00ATION, SQUARE FOOTAGE LIVING 41Y SF OTHER: I ' 232 SF 4403 SF DATE, 1 DRAWN BY{ FILENAMES I 3NSSET FLOOR PLAN ELECTRICAL LEGEND SWITCH • OUTLET • 72Ov OUTLET GROUND FAULT OUTLET 6.- WEATHERPROOF OUTLET y PULL CHAIN LIGHT CEILING MOUNT LIGHT • WALL MOUNT LIGHT ▪ RECESSED LIGHT 2_3.. VANITT BAR LIGHT yy DUAL FLOOD LIGHT CEILING FAN W/LIGHT 1 ®U7 BATH VENT FAN S SMOKE DETECTOR FLUORESCENT 4 PHONE JACK • CABLE DOOR ' a OPENER NOTE, LOCATIONS ARE SUGGESTED ONLY, SEE OWNER AND /OR BUILDER FOR SPECIFIC LOCATIONS. m 6' -0° / 12' -0" 11'-0' I1'_O' 12, -0" 6 -O° - 3' -0' 3! -0" i' B!! t! 2' 4' B" / r 3' -0' z 5' -0" 3' -0' z / 5'-0 - 3b' r / 3'•0° 3' -0' 5' -0° 3'-0' 5'%O' 3' -0' 5' -0' 5b 11 3' -0' z x 3'•0° ( _ n 2 3-0 x MASTER BEDROOM _ 4 ! O_ ili n ' la � 4 MASTER BEDROOM DINING' ROOM z _.(1,1_ ¢� DIN NG' 'T a u ® 3'.6" a _ nt _ \ 1 — FIRE ,i b= tall ■ 5 • {1 } ' 71. 050 5'.0' Y y 2-6' ...52e.. 2 e LI ING .' • • M LIV e:- : l u' 2,6° 2'.y LINEN LPlEN BEDROOM v M BEDROOM Y .4 -= 4 3-0° x 3.0° x 5 -0° BEDROOM ORCH o t_ ;w B 4.6 d di) � - � ____ _____ 3' -0'x 5-0T6' 5' -0' 3 -0" 3'-0' x 5 -0° S -03s' O If-o" 3' -0' x 5' 0' 3 -0' x 5' 0' / 10' -0" 10'•0" ,V-O• 4 -0" 12'-0' 3' -0" 10' •" 10' -O' 2ND FLOOR PLAN SCALE! V4" • 1'-0" Authorized user: Alice Suncloud 4 O O K K m 0 O O IY SQUARE FOOTAGE VINO I OTHER,I TOTAL DATE, DRAWN CTI FILENAME. I SHEET 2ND FLOOR I.... all ■E I pnotounS ao[ty :zasn pazzzoc{any U S 30 30 O ■. ■. MINIM',. MINIM �.. .. MINION MINIM .... .... .. ..1.., .. ■... SaCIO 1V701 Yid VNIIIVN N ffl J PROJECT/FLAN NO .I J- 1031 -4 'jo,,,,. fo "I of 3 JO6 LOCATION, I �3�A1'rz-038— 017 1123 tc)n ol& ct4 )4;1," A PROVED BY I S31VNIMS 11VHdSV #00.4 PlanSource, Inc Home plans Duplex plans Small apartments www.plamourccinc.com 3586 SANGANI BLVD SUITE L D'IBERVILLE, MS 39540 N011'M131N0�� �IIIIIIIIIIIIIIIIIIIII IIIIII i■n 1111111111111111111111111 111111111111111111111 1111 -. ii .. IIIIIIIIIIIIil 11111111111111 0 =�❑ 0 1111111111111 111111111111 .... .... ■w111111 immommi ni II1•U11111 MIA 1111111111111111111111111111 ...- a..■ NM NM 111111 11111 111111111111 10 a �.1) IIIIIIIIIIIII OD0 O =0 11111111111111111111111 0 1111111111111111111111111111 8. -0" 1111111111111111111111111111 1111111111111111111111111 1111111111111111111111111111 DUE TO CODE AND SITE VARIANCES FROM ONE LOCATION TO ANOTHER. THE CONTRACTOR AND /OR OWNER SHOULD CONSULT AN ENGINEER IN THE AREA (WERE THIS STRUCTURE IS TO BE BUILT. CODES AND CONDRbNS MAT REWIRE ALTERNATE METHODS. ALL APPLICABLE CODES FOR THE LOCABON THIS STRUCTURE IS TO BE PSHALL TAKE PREFERENCE over, ANYTHING eNOSN DEPICIED.OFe LIED 114 THESE DRAWINGS. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO VERIFY ALL DIMENSIONS, SITES, ANO DETAILS.' GREAT EFFORT HAS BEER MADE IN THE PRODUCTION OF THESE DRAWINGS. R OTUE DESIGNER m -ca or GUARANTEE AGAINST WM. ERBoR AND /O A REVISIONS DATE INITIAL 11d13a 2114'!; dA/ '1N0� ht011d ZI /9 0 o A_ 'i Q' Of r� 4 X• . X`e, 0,0, 6 ....„4 ril 1�L� �� DSO c � t#>' /% IP o ` o iL p z PROJECT/PLAN NOJ J- 1031 -4 JOB LOCATION, I APPROVED pY, 1 P /anS5u ce, Inc Home plans Duplex plans Small apartments www.plamourceinc.com 3586 SANGANI BLVD SUITE L" MBE/MLLE, MS 39540 6 ■.'..I ■.NMI ME MI N O 3 U• . w• pou ■.• ■ ■... NM NM DUE TO CODE ANC SRE VARIANCE. PROM ONE LOCATION TO ANDREA, THE CONTRACTOR AND/OR OWNER 90061.0 CONSULT AN ET0INEER N IRE AREA WHERE TOE STRIICEIFE IS TO BE BUILT. COORS AND CONDITIONS MAT REGIERE ALTERNATE METHOD. ALL APPLICABLE CODE. FOR THE LOCATON THIS .TR*CTNRE-IS TO OE MILT .HALL TAKE PREFERENCE OVER ARMS. SNOWI, DEPICTED, OR RTPLIED N THEE PRAWNS.. IT B THE RESPONSIBILITY OF THE CONTRACTOR TO VEmFY ALL DIMENSIONS, SIZES, Al. DETAILS, uOE.T EFFORT NAS BEEN MADE N THE PRODUCTION OR TT2.E ERAWNS.. WEV6i, THE DESIREE! CANNOT C4ARANTEE AGAINST RR1AN ERROR AND/OR OMISSION.. 111 ti; D r Nti Z REVISIONS PATE 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 O CID 711 �.r �i UU 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. 1 - 113111IS OMAR 01 .PZ 1 r rn rt, es. 13 -1d1S 3100N1>1 Is MIN* 01 1-N, T.HZ a .6 • i . I L I ; (m3YEIAS 'NM •02) .T1r2 -r _J r —I L KINOOLE TEAS DEVELOPMENT 1623 KINOOLE STREET Hilo, South Hilo, Hawaii Island T.M.K. (3) 2-2 -038 : 017 1111111111111111111M1 -J 'poop, C. i> c>t' r I NOM1J3S .02 It? I I ue�d ails S1UB3II 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. 2 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 3 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. 4 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. 5 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. 6 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. 7 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 8 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. 9 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 10