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COM 0729.000 2010-2012
.oJNYOF--• , •'•. `v . William T.Takaba William P.Kenoi • ,.� 4. Mayor fl;. Managing Director Wally Lau Deputy Managing Director County of Hawaii 25 Aupuni Street • Hilo,Hawaii 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Highway • Kailua-Kona,Hawaii 96740 (808)323-4444 • Fax(808)326-5663 May 16, 2012 C) 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: "' w Change of Zone Application(REZ 12-000151) Applicant: Joseph Okuna Request: A-3a to FA-la Tax Map Key: 2-4-004:072 /Change of Zone Application(REZ 12-000152) Applicant: Boyd F. Castro, D.V.M. Request: RS-10 to MCX-20 Tax Map Key: 2-2-035:003 As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Windward Planning Commission's letters and enclosures regarding the above-referenced request. Sincerely, • William P. Kenoi Mayor Enclosures cc: Planning Department CY7) I l 7.5 Hawai'i County is an Equal Opportunity Provider and Dnployer Comm. No. 101-43 Ref. To Ft Ref. Dote MAY 2 2 Z012 _ Com. 729/Bill 259 • 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 MAY 1 6 2012 The Honorable Dominic Yagong, Chairman and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yagong and Council Members: Change of Zone Application (REZ 12-000152) Applicant: Boyd F. Castro, D.V.M. Request: RS-10 to MCX-20 Tax Map Key: 2-2-035:003 The Windward Planning Commission, at its duly held public hearing on May 3, 2012, recommended for your approval the proposed legislative bill for a Change of Zone from a Single- Family Residential— 10,000 square feet (RS-10)to an Industrial-Commercial Mixed—20,000 square feet(MCX-20) zoning district for approximately 12,294 square feet of land. The property is located on the east side of Laukapu Street, approximately 200 feet north of Kekuanaoa Street, Waiakea Houselots, Waiakea, South Hilo,Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant is requesting a change of zone from Single-Family Residential 10,000 square feet (RS-10) to Industrial-Commercial Mixed 20,000 square feet (MCX- 20) to allow a veterinary hospital/clinic on the subject site. The clinic will cater only to small animals. The applicant plans to renovate the single-family dwelling on the subject property and relocate his veterinary practice currently located at 711 Kanoelehua Avenue. The clinic will operate as an"out-patient" facility, and there will be no overnight stays. The hours of operation will be from 8:30 a.m. to 5:00 p.m. Monday through Friday, and occasionally on Saturdays. Parking will be provided on-site. 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 10,000 square feet(RS-10) to the Industrial-Commercial Mixed (MCX-20)zoned district will conform to the goals, policies and standards of the General Plan Economic and Land Use Elements. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals,policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The request conforms to the goals,policies and standards of the General Plan in that the proposed project will be developed in an area adequately served by necessary services such as water, utilities, sewers and transportation systems. The request conforms to the Land Use- Industrial sub-element which states that "Industrial development shall be located in areas adequately served by transportation, utilities and other amenities." The Land Use Pattern Allocation Guide(LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The project area is designated Industrial on the LUPAG Map. This industrial designation includes uses such as manufacturing and processing, wholesaling, large storage and transportation facilities and light industrial uses. The MCX zoning would be consistent with the LUPAG Map designation for this area of Hilo. The Honorable Dominic Yagong, Chairman and Members of the County Council Page 3 The State Land Use designation and the Land Study Bureau's Productivity Rating for the project site is Urban. The Hilo Community Development Plan (CDP) adopted in 1975 suggests the retention of residential uses in this area. However, this area is transitioning to commercial and light industrial uses. The advantage of this area is its close proximity to water, air transportation terminals,harbor facilities, commercial and residential population of Hilo. The proposed change of zone would complement the existing industrial and commercial land uses that already exist in this area and will provide for an orderly development of the area. The MCX zoning designation was created when the Zoning Code was amended in 1996. In accordance with Section 25-5-130, Hawai`i County Zoning Code, this district would allow a mix of light industrial and commercial uses. The intent is to provide for areas of diversified businesses and employment opportunities by permitting a broad range of uses, without exposing non-industrial uses to unsafe and unhealthy environments. The project site is a rectangular shaped parcel improved with a vacant, single- story dwelling constructed in 1963. The dwelling is proposed to be converted into the clinic. Fronting the property is a rock wall approximately two to three feet in height. The land uses in the immediate area are a mix of commercial, industrial and residential uses. Immediately adjacent properties are zoned RS-10 and in single-family residential uses. Commercial and/or industrial uses include Big Island Candies (zoned General Commercial) located directly across Laukapu Street to the west. The Atebara Potato Chip factory, quilt shop, various office uses, a church and the IEG Federal Credit Union are located in close proximity to the site. All utilities and services are available to the site. Access will be from Laukapu Street, fronting the property. The applicant is willing to provide their share of roadway improvements by foregoing five feet of the project site fronting Laukapu Street. Laukapu Street is classified as a collector with an existing right-of-way of 40 feet. The Department of Public Works (DPW)recommends full improvements to the entire frontage along Kekuanaoa Street and Laukapu Street consisting of,but not limited to,pavement widening with concrete curb, gutter and sidewalk along with any utility relocation. A condition of this recommendation will require a 5-foot road widening along the property's Laukapu Street frontage to be dedicated to the County along with curb, gutter and sidewalk improvements, similar to other rezonings in the immediate area. County water is available to the site. The project will connect to the County's sewer line. Solid waste will be handled by commercial haulers. If required, a Solid The Honorable Dominic Yagong, Chairman and Members of the County Council Page 4 Waste Management Plan will be prepared. Electricity and telephone services are available to the site. The project site has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The property is located within Zone "X", areas determined to be outside the 500-year floodplain. All development generated storm run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. As the property is developed, no professional archaeological survey was conducted of the site. By letter dated February 10, 2012, the applicant requested a letter of no effect from the DLNR Historic Properties Division (HPD). The DLNR-HPD has responded that no historic properties will be affected by this rezoning. The applicant has stated that should any archaeological features or sites be discovered during the development of this project, work will immediately cease and the Planning Department will be notified. No professional flora or fauna surveys were conducted, as the applicant does not believe that rare or endangered floral or faunal resources are on the improved site. The property is located in an urban setting close to existing industrial and commercial uses and fully developed with a single-family dwelling. The request is not contrary to Chapter 205A, Hawai`i Revised Statutes, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is located more than one mile from the shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the properties. According to the applicant, no valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Therefore, no action is necessary to protect these rights. Based on the above findings, approval of this change of zone request from a Single-Family Residential(RS-10)to an Industrial-Commercial Mixed (MCX-20) district would result in an appropriate land use pattern that will further benefit the general public. The Honorable Dominic Yagong, Chairman and Members of the County Council Page 5 For your favorable consideration, an amendment to Section 25-8-33 (City of Hilo Zone Map), Chapter 25 (Zoning Code) of the Hawai`i County Code is transmitted. We are enclosing copies of the staff Background, Planning Director's Recommendation, and the Powerpoint presentation for your information. Sincerely, Zendo Kern, Chairman Windward Planning Commission Lcastro02wpc Enclosures cc: Mr. Sidney Fuke Boyd Castro, DVM Department of Public Works Department of Water Supply Department of Land &Natural Resources-HPD Amy Self, Esq., Corporation Counsel Comm. 729/Bill 259 BCastroDVMREZ.doc-4/23/12 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT BOYD F. CASTRO,D.V.M. CHANGE OF ZONE APPLICATION (REZ 12-000152) BOYD F. CASTRO,D.V.M.has submitted an application for a Change of Zone from Single-Family Residential- 10,000 square feet(RS-10)to an Industrial-Commercial Mixed 20,000 square feet(MCX-20) district for approximately 12,294 square feet of land. The property is located on the east side of Laukapu Street, approximately 200 feet north of Kek ianaoa Street, Waiakea Houselots, Waiakea, South Hilo, Hawai`i, TMK: 2-2-035: 003. PROPOSED ACTION 1. Request: Change of zone from RS-10 to MCX-20 to allow a veterinary hospital/clinic on the subject site. The clinic will cater only to small animals. The applicant plans to renovate the single-family dwelling on the subject property and relocate his veterinary practice currently located at 711 Kanoelehua Avenue. The clinic will operate as an"out- patient"facility, and there will be no overnight stays. The hours of operation will be from 8:30 a.m. to 5:00 p.m. Monday through Friday, and occasionally on Saturdays. Parking will be provided on-site. (Planning Department Exhibit 1 - Change of Zone application) 2. Landowners: Boyd and Ann Castro. STATE AND COUNTY PLANS 3. State Land Use Designation: Urban. 4. General Plan LUPAG Map: Industrial. 5. County Zoning: RS-10. 6. Hilo Community Development Plan: The Hilo Community Development Plan adopted by Planning Commission Resolution No. 1 on May 21, 1975 identifies the area as RS-10. 7. Special Management Area: The project site is located more than one mile from the shoreline and is not in the SMA. -1- DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA 8. Subject Property: The property is a rectangular shaped parcel improved with a vacant, single-story dwelling constructed in 1963. The dwelling is proposed to be converted into the clinic. Fronting the property is a rock wall approximately two to three feet in height. 9. Surrounding Zoning and Land Uses: The land uses in the immediate area are a mix of commercial, industrial and residential uses. Immediately adjacent properties are zoned RS-10. Commercial and/or industrial uses nearby include Big Island Candies on land zoned General Commercial (CG-20)located directly across Laukapu Street to the west. The Atebara Potato Chip factory, quilt shop, various office uses, a church and IEG Federal Credit Union are located in close proximity to the site. Two properties on the northeast corner of Laukapu Street and Kekuanaoa Street were rezoned to MCX-20 in 2009. 10. U.S.D.A. Soil Type: Keaukaha extremely stony muck, 6 to 20 percent slopes (rKFD). The Keaukaha Series consists of well drained,thin organic soils over pahoehoe lava bedrock. 11. Land Study Bureau's Productivity Rating: Unclassified. 12. Noise Impacts: Existing ambient noise includes airport/aviation use,traffic, wind and foliage. Short-term noise impacts associated with the project will be temporary with compliance to all applicable State rules governing construction noise abatement. 13. Air Quality: The proposed project should not directly impact air quality in the area. The only impact to air quality would be associated with vehicular traffic to and from the site. 14. FIRM: Zone "X", an area outside of the 500-year flood plain. 15. Coastal Hazards: The project site is not an oceanfront parcel, and will not affect, or be affected by shoreline processes. 16. Recreational Resources: The proposed project will not reduce the size of the coastline or other areas used for public recreational uses. 17. Visual Resources: The proposed project will not affect the line-of-sight toward the ocean. 18. Flora/Fauna: As the project site is improved with a dwelling,no professional surveys -2- were conducted of the site. The property is located in an urban setting in close proximity to the airport and various commercial uses. According to the applicant, there are no known rare or endangered plant or animal species on the site. 19. Archaeological/Historical Resources: As the property is improved,no professional surveys were conducted of the site. By letter dated February 10, 2012,the applicant requested a letter of"no effect"from the State DLNR-HPD. 20. Cultural or Native Gathering Rights: There is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of any known valued cultural,historical or native resources in the area. 21. Public Access: None that traverses the property. PUBLIC UTILITIES AND SERVICES 22. Access: Access is proposed from Laukapu Street, a two-lane County-maintained roadway with an existing right-of-way of 40 feet. The City of Hilo Zone map identifies Laukapu Street as a collector, with typical rights-of-way of 60 feet. 23. Water: County water. 24. Wastewater: County sewer line. 25. Solid Waste: Commercial haulers. 26. Essential Utilities and Services: Electricity, telephone and emergency services are available to the site. AGENCIES' AND ORGANIZATIONS' COMMENTS 27. Department of Public Works: P.D. Exhibit 2 -March 28,2012 memo 28. Police Department: P.D. Exhibit 3 -April 2,2012 memo 29. Fire Department: P.D. Exhibit 4 -March 19,2012 memo 30. Department of Environmental Management: P.D.Exhibit 5 -March 5,2012 memo etal 31. Department of Health: P.D. Exhibit 6-March 23,2012 memo 32. DLNR Historic Preservation Division: P.D. Exhibit 7-March 6,2012 memo 33. DLNR Land Division: P.D. Exhibit 8 -April 10,2012 letter etal -3- AGENCIES -NO RESPONSE AS OF THIS WRITING 34. Department of Water Supply APPLICANT'S RESPONSE TO AGENCIES' COMMENTS 35. P. D. Exhibit 9 -April 13,2012 and April 17,2012 letters PUBLIC COMMENTS 36. None as of this writing. -4- APPLICATION FOR COUNTY REZONING (RS-10 to MCX-20) BOYD F. CASTRO, D.V.M. Waiakea Houselots, South Hilo, Hawai'i TMK: (3) 2-2-035: 003 Prepared For: Boyd F. Castro, D.V.M. Prepared By: Sidney M. Fuke, Planning Consultant February 2012 Planning Dept. Exhibit / CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Boyd F. Castro, D.V.M. APPLICANT'S SIGNATURE: �( ✓Gr DATE: pis/ft ADDRESS: P.O. Box 4355 Hilo, HI 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: Veterinary Hospital/Clinic LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: 710 r Ctrs" ,L. 4 C sLn> PHONE:(Bus.) 961-3486 (Res.) CI (Fax) 961-3488 LANDOWNER(S): "bola. A,..... Cato LANDOWNER SIGNATURE(S): /Lhi&jAl DATE: 74/IL (May be by letter) LANDOWNER(S)ADDRESS: P.O ?jo' x-135 5 Ca 6102. REQUEST: RS-10 TO MCX- 20 (Existing zoning) (Proposed Zoning) TAX MAP KEY:3-2-2-35-3 STREET ADDRESS OF PROPERTY: 585 Laukapu Street Hilo, HI 96720 SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 12,294 sq. ft. AGENT: Sidney M. Fuke, Planning Consultant ADDRESS: 100 Pauahi Street, Suite 212 Hilo, HI 96720 TELEPHONE:(Bus.) 969-1522 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. Sidney Fuke B d F. Castro,COPIES: o y , D.V.M. ATTACHMENT Comm erch],RM ,Resort,& Industrial PLANNING DEPARTMENT COUNTY OF HAM All APPLDATDN FOR CHANGE OF ZONE 1. ifyourrequestis approved,do you intend b subdivile the subcthnd in accordance with the approved change of zone? No Ifyes,phase answerthe restofquestion Iand then lb question 3. a. How m any acres ofthe requested area do you intend iD subdivile? N/A b. Inle whatbtsizes? N/A c . ifyourrequestis approved,approxin ate'how bng afBrthe date ofapprovaldo you expectto subm it yoursubdirisiin phns lb the Phnning Deparlm ent forprelia nary appmvai) N/A If you intend to subdivide,phase subm ita prelim hazy schem ath subdivision plan togetherw ith your change of zone applbat bn fora . 2. Ifyou nave no fern phns ofsubdiviling the subctarea, do you intend lb: a. Sellorlease the land to som eone who has fun phns? No b. S ellorbase the hnd to som eone who has tentative plans? No c . S ellorhase the hnd to som eone who has no plans? No d Keep if Yes e. other phase state) f. Ifyou iitend to do eithera,b,orc,phase ehborate on the ki.d ofp]ans the otherparty has.P base,also, hclide iz your answ erappmxin alEV how soon after appmvalofyourrezoniig do you expectto tiansferthe subcthnd to anotherpary. 3. W hatspecifr;building phns do you have forthe subcthnd? Inc]ide in youransw erthe folbw iig:type ofbuildiig (apaztm ent,offi✓e,hundereUB,etc.);fnanchg anangem ent; tin etabh trconstruchn;and any otherfi. mi atbn whth you feelm ighthelp us n evaliatiag yourrequest Convert the residence into an animal hospitaUclinic. Rooms will be-Exam Rooms Office/Reception Surgery Radiology Laboratory/Pharmacy Storage *Creation of a parking lot would probably take the most time.(1-2 months) 4. Have you perform ed any study w hrh would dem onstlate a need t r yourpmposed buEliag and,brdevebpm enf ifso,phase ehborate on yourfndhgs is the space pmvded bebw -2- 5. H ave you perform ed any study whbh discusses the envivnm entalin pacts yourrequestw oull nave on the surrounding area and/orthe County? No Ifso,phase ehborate on yourfndiigs in the space provided bebw 6. Am there anybuillings on the subctarea? Yes If so, w hatkind? A residence 3-2-2-35-3. A 3 bedroom,2.5 bath single wall wood frame home. W hatdo you intend to do with those buildings ifyour requestis approved? ww,A(L Le L4 oul& a,+4., ,a( Cl c 5pwC 7. Is the subct and currently being used trany agri✓u]turalactiiity? No ifso,phase listthe kinds ofpmducts grown on and how m any square feetoracres ofiand perproduc B. To yourknow bdge,has there been any fboding and/or drainage pmbbm on the subctarea? No Ifso,pbase descrbe the pmbbm 9 Do you think thatthe roads hadiig Lt., the sub ctarea needs in provem enl2 No Ifso,whatkiid? Is the mad adequate brthe proposed traa vain e orbad? Yes 10. W hatsortofgovemm entalassistance and/or in provem ents do you feelwillbe needed zi the subctarea when devebped? yes �1Q a. Schools X b. Roads X c. Sewer X d. Drainage X e. PoThe Pmtectbn X f. Fire Protection X g. R ecieatbnalFacilitps X h. R eon ati)nalFacilitps X i 0 ther -4- For those checked "yes,"phase ehbomte whattype ork±nds of in piovem ents and/orassistance are needed. 11.H ave you perform ed any historb sus study and/or survey ofthe subctarea? Ifso,w hates ere the results? Phase,also, subm to copy of the study tegetherwlth this change of zone supp bm ent. No S ignature: Address: P.O.Box 4355 Tebphone: 961-3486(B) 896-3689(C) Date: -5- 6338A/50A P.D.5/84 COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST - RS-10 to MCX-20 BOYD F. CASTRO, DVM WAIAKEA HOUSE LOTS, SOUTH HILO, HAWAII TAX MAP KEY: (3) 2-2-035: 003 INTRODUCTION The applicant, Boyd F. Castro, DVM, wishes to rezone the subject site consisting of 12,294 square feet from Single-Family Residential (RS-10) to Industrial- Commercial Mixed(MCX-20) in the City of Hilo, Hawaii. The subject site is located on the east or"Airport" side of Laukapu Street, approximately 200 feet north of Kekuanaoa Street in Waiakea House Lots, Waiakea, South Hilo, Hawaii, TMK: (3) 2-2-035: 003. Its street address is 585 Laukapu Street. If successful, the applicant plans to renovate an existing single-family dwelling on the subject site and relocate his veterinary practice (Hilo Veterinary Clinic, LLC) located at 711 Kanoelehua Avenue. II. PROJECT LOCATION As noted earlier, the subject site consists of 12,294 square feet and is identified by TMK: 2-2-035: 003. The site is located on the east side of Laukapu Street, approximately 200 feet north of Kekuanaoa Street. The back side of Big Island Candies is located directly across of the subject property. (Figures 1 and 2) The subject parcel is rectangular-shaped parcel with a depth of 139+ feet and a width of 88 feet. There is a flag lot to its rear or east side. . HI. PROJECT DESCRIPTION The applicant and his wife currently operate a veterinary clinic in a rented space at 711 Kanoelehua Avenue. Due to their desire to improve customer service and operate on their own property, the applicant searched for another site to relocate their clinic. In addition to General Plan considerations, the proposed site was selected because of the applicant's goal of operating a small veterinary clinic catering only to small animals. The existing residential structure would not only minimize construction cost but was of sufficient size to accommodate the applicant's plan. Unlike other clinics and in deference to some of the residences in this area, the applicant has no plans to house animals for overnight stays in a kennel. The clinic will operate as an "out-patient" only facility between the hours of 8:30 a.m. to 5:00 p.m., Monday to Friday and occasionally on Saturdays. The existing single-story dwelling consists of approximately 1,364 feet. Off-street parking would be provided on site, as noted on the site plan. The existing one- - 1 - uJ& St 4t' -F !r } {e a:nra0 5199 3 1 wF''SK I'1F �k9,e r . §r • • • • • •u,;s 7` .u',y`R s�-., - xh > : t8t4g��ur: 'r d� t Y 4, - j °R 4. t d 0,% v .. 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Ireao'a•'.o Q, ' z.'so I� o .0-0..p.. `/ Alfred Tan a.vf. au, c i era '•ktn„ke N KoCsn:,��' +z•s /ira.F .� I• • 4 b'o'le w 5.7-aka/rash({ e Seri.. -% :; �e ,,,I•b ma o g$H4ruafo Ked ✓/r wf. z5mae %s ^� h 1• W 1\ C O P 1050# , a h nf,,, \ 22.e00 6 , `o l° n$`O°•� ° GR. /o7cc o ; ti • SITE ON. 6eto ©: :4 v ®��,..,.ac_� 2t,.goo„c o`.: Gran#4#469 Iol° - u o� n \ �..... ;ti nw:4w to a ...`caa� ✓..,,•_• Y.No'f. p,.� ,a:.. c y'• ,ar.s• �\ " *y 4 14, \•� N K.\4{•� 1l' F Em/,4. -I3- O - . ,p aCj.l'�w j1.. �C V3 C ! y' y A_X o 2ry3a N �; }'• Tit \ 'Itl • - n s; 7 ��o IL a�i 4'\2 1054 7.(.,`-t G.: /6105 '� �' ;.1 ba 1,,,,,... Haf6unD W.,eeo'ani ✓o n a. S° W a'3- 3-...15_ pY� n i. cs T/�%+h)i rwf.-• (-Q� _`I - �L.,--; X -. -° IL G, 4.4so"-,ocr/ 2zjaoD� w Cb,'yo.fo M.is �l o `:1 h al 0! F t '4p k,,o; ,frbne Q T'/ V� ( 8 Gr: /t49e u 1•3‘x, i•�4._•'ai�.7'.?,v-..is.... f,.4,oe ca 43'V Oran# //45J•��p 5- 1 4 YSp � A i G �Wiy.,r ry. /vm✓ 1 Fr ,i.ae 1�` •-2 Q. _ - o , _ 0 k 4‘..1 i Z • `_Q .ko •.:44 xakr'r'a = I0, :A4 h .u,,a I+ Q ., .P4 �,._•3 7 n ;4 i ° ,° ,e. / 9^r.CAIy'(G p ? j,T2 V, /0 X11 '` L p 8 j` 1 .Y • . 78 6Nq { g.foof //,300 0 oGe //3 G so° i'. �' - ;i --' Q "a.o .'e.e R uia � ,.N l�> 4'000 \i.� N� � O II s c KFKUi4/Y A D A „ �1 1/� N UE ---� ,I Ni 1 1 3ti I - ______i____ _, C7 4q /'24 rJ5 �e a� I ° � P�Ar 0. 37 - ° ya '`" Figure 2A+- ,x e 3; I way in, one way out access would continue to be used. Tentatively, nine (9) stalls are being proposed. (Figure 3) The applicant fully intends to comply with all land use and development codes such as Plan Approval, parking requirements, landscaping provisions, fire and ADA requirements. IV. TIMETABLE AND COST The applicant intends to secure the required construction permits and begin the appropriate infrastructure improvements upon securing all development permits. Construction is proposed to commence after obtaining all necessary approvals, with proposed occupancy by mid 2013. The estimated cost of the basic infrastructure and on-site improvements will be in excess of$100,000. This cost would include site preparation, renovation of the structure, and installation of any upgraded and/or required infrastructure. V. INSTITUTIONAL CONSIDERATIONS A. State Land Use The State Land Use designation for the properties is Urban. As such, a land use boundary amendment for the requested MCX-20 zoning is not needed. B. County General Plan The County General Plan Land Use Pattern Allocation Guide Map (LUPAG) designation is Industrial. The Industrial designation is bounded by Laukapu Street to the west, Piilani Street to the north, past Kanoelehua Avenue to the east, and south of Kekuanaoa Street along Kanoelehua Avenue. The proposed MCX-20 zoning is consistent with the LUPAG designation of Industrial. C. Hilo Community Development Plan The Hilo CDP was adopted by the Planning Commission in 1975 over 25 years ago and intended to further define the General Plan and provide short and middle range implementation strategies of the General Plan. Since the adoption of the Hilo CDP, there have been significant land developments in the City of Hilo, including the shopping complexes in and around the Puainako/Kanoelehua Intersection, expanded commercial uses near the University complexes and commercial/industrial uses along the southern portion of the Waiakea Houselots area. These developments render many of the CDP land use concepts obsolete. - 2 - . ' . : . . • , : . . „. • . , . . : , • . . : , . I - • . . . li * . • • : • : . . i -rl i • • , • . • -. t ... •, 1 1 1 . .___". ..e0..4. .--......• . . • 174 . .' • ' . • 1,14.111-latr:Voirt,11■11,I,•vAlrife e.leititilli.• 414,2111111:1114.w.1■_".1.P.A.3. 1111111,.41• . . i : t MINIIIIM, 111111111111011110111111111.112=1.01111111111.111101 , .. . .. - 4' . - . . • ., , . . . k 4 - , -ARL-cri.,r4-• ••=_IRifetAaL--......- - :' • • _ . i • X' • - . . - • ... . , : . . Is• #—` S.iPI.i."..'""-"".. - .•— • • . .• • . . . i - - , . . . • I ••• . - • . • - . . . • 13 • 1k- ..i. 1. 1 ' - - . 9. • - . . -.. .. . . , . u• . T.-. .....rii"..S*17,- OV., . :: : .: • • $. -'4 i' . . .. . : '1 1 .: .2- • 3 ,fr, ..' ,.. . •- :• : . . . 1.. 4:1 . .•. ' • .. 1 . L• . . • " • • • ,,, - tO , • , . _L___.',,'' .' • • . . . . . if "- , • . :-.• •.... . • . . altkt,;,:•,.. 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T . . , .0). ; . iiiihmi— oil ::.__,_, ---rgiusi_32.1_, , •• '-- c •-••••• . : . . . , . . , iti .. • • •.'i) . ••• .. ... • .• . 4 : -hr:• • • • . ..•, . : . •• . • . : .. - : . '• ' . •- .. .. , . ... . .. , .- • ' . R j-: ••., ,/ . . . • ( `.4 t.1:111.11:_-2:f69:tr-F---- ), ---..- ,. • .. . . 4"". ;I, • -1 •/ •, ,67 . .. . . . .. I , .. ' . . S ''C)C) ' Figure 3 . • • . . • . .• I Although the document was reviewed by the County Council, the CDP was never adopted by ordinance. The CDP's Land Use Concept Map identified this area as RS-10, which is inconsistent with the County General Plan LUPAG map. The LUPAG map has been amended three times to reflect the current environment of the Waiakea Houselots area and nearby areas. As such, some of the planning assumptions reflected in the 1975 CDP are now obsolete. The GP LUPAG map therefore is a more accurate land use depiction of the affected properties and surrounding lands. The County Charter requires all change of zones to be consistent with the designation in the General Plan. In this case, the GP LUPAG designation is Industrial, and thus, the requested MCX-20 zoning would be consistent with the Industrial designation. D. County Zoning The property is zoned Single Family Residential 10,000 square feet (RS- 10). However, over the past decade, various rezonings in the area to commercial or industrial-commercial mixed uses have been approved. A property less than one lot south of the subject site located on the corner of Laukapu Street and Kekuanaoa Street was recently rezoned in the MCX- 20 district for a restaurant and retail shop. As such, the surrounding area has been transitioning from single-family residential to commercial and industrial uses. (Figure 4) E. Special Management Area The property is not located in the Special Management Area (SMA); as such, no SMA Major Permit is required. VI. ENVIRONMENTAL CONSIDERATIONS A. Project site The project site consists of a rectangular-shaped parcel consisting of 12,294 square feet. There is an existing vacant, single-family dwelling on the subject site which is proposed to be converted into the clinic. There is a 2-3 foot high rock wall fronting the subject site. B. Surrounding Properties Located within a 1/2 mile radius from the project site are various zoning designations including General Commercial (CG), Single-Family Residential (RS), Neighborhood Commercial (CN), Limited Industrial (ML) and Industrial-Commercial Mixed (MCX). (See Figure 4) Big Island Candies zoned General Commercial (CG-20) is located across Laupaku Street to the west. A property less than 100 feet away is zoned MCX-20. - 3 - 467.44% i Y ���,. a - ,- iii'41 �' i 1_ ,,,,,,,,4 16,s 4 4600",.. „,,,, , 4 -Lt 1-'- +"",r''' SUBJECT 41,1" SITE ttlr .,..N7AtTri*7 qt .' 4 *113f pik,-.4p4i„.406 ihigitilizwAib.,ak,„, ,irt V*40 4'4"441"AIW 4 it ':..' 416,,,, -N.% V:4ft-1Vitt,, Abn .6*- *4 40,41P 414r4711r# 1 11''''''' '* ''*4 4* V** 74' ' 4"j‘ f 4qt 440 Alltaii, ahrirt t A._ ' .'' 'AtAr6.4111kLy kw. 41# wfIrr41,,, *At,w ;vAp- '117-47* .4; 1' ' lir# 4' 4.1* !.., ...:""''4Ik‘ ,' t. / , P11.41.1,..., , ., , ',,,,,,,: Figure 4 4 A potato chip factory, quilt shop, various office uses, condominiums, church, offices for the County of Hawaii Department of Water Supply, and IEG Federal Credit Union are located proximate to the site. Further to the north is a self-storage facility, and the Best Store, Aloha Petroleum and real estate offices are located on Kekuanaoa Street to the east. The requested zoning is thus consistent with the evolving mix of commercial and industrial land use patterns in the area. C. Climate, Soil and Topography According to the State Commission on Water Resource Management, the closest rain gauge in this area is the Hilo Airport. The annual median rainfall for this area is approximately 131 inches. The average daily temperature ranges from a minimum of 61 degrees to 79 degrees Fahrenheit. Wind patterns are generally easterly during the day and westerly during the evenings. The property is located approximately 20 feet above mean sea level, and is fairly level. The Natural Resource Conservation Service's Land Study Bureau Overall Master Productivity Rating designates this site as Keaukaha Series (rKFD), which is extremely rocky muck; well-drained thin organic soils overlying pahoehoe lava rock. The runoff is medium and the erosion hazard is slight. The project site is unclassified under the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system. This classification does not recognize this site as being agriculturally important. D. Natural Hazards 1. Drainage The Federal Emergency Management Agency (FEMA) Flood Insurance Rate map (FIRM) identifies the project area as Zone "X" (areas outside of the 500-year flood). There are no existing drainage ways on the site. 2. Volcanic, Earthquake and Tsunami Hazards According to the United States Geological Survey maps, the project site is located within Lava Flow Hazard Zone 3, on a scale of ascending risks 9 to 1. The entire City of Hilo falls in the Zone 3 category. The Building Code designates the entire island of Hawaii Earthquake Zone 4 and contains certain structural requirements to address the relative seismic hazard. The site is located in the - 4 - County of Hawaii Civil Defense Agency's Tsunami Evacuation Zone. Nonetheless, the applicant will adhere to any County or State procedures if required to evacuate. 3. Flora and Fauna No professional flora or fauna study was conducted of the project site. Due to the developed state of the project site and its immediate surroundings, the applicant does not believe that rare or endangered floral or faunal resources are likely to be found within or proximate to the site. The project site has been in residential use for more than 80 years. Plant species found on the site and within the surrounding vicinity are introduced landscaping. The long-term residential use and established urban qualities in the project area make it poorly suited as a habitat for any listed or candidate for endangered species. Fauna birds observed within the project site and vicinity include the Japanese White-Eye, Yellow-Billed Cardinal, Zebra Dove, Common Myna, House Sparrow, and House Finch. Domestic mammals such as cats and dogs and other animals such as mongoose and feral cats are common to the area. None of the species are rare or endangered. Due to the surrounding established urban uses, it is highly unlikely that the site would serve as a habitat for rare or endangered animal species. 4. Flood and Coastal Hazards The Federal Emergency Management Agency (FEMA) designates the project site as Zone "X", areas outside the 500-year flood plain and not shown on Flood Insurance Rate Maps on file with the County Department of Public Works. Although the site is located in Zone "X", the Applicant will adhere to any County and State requirements related to tsunami and coastal evacuations. 5. Noise, Air Quality and Dust Generally, air quality is affected by regional and local climates as well as the amount and type of human activity in a given location. No large, stationery sources of air pollutants and no major industries are located within the project area. Air quality in the vicinity is most affected by emissions from natural and vehicular sources. - 5 - Existing ambient noise in this area includes wind, foliage and traffic on Laukapu Street and Kekuanaoa Street, the latter serving as a major thoroughfare in this area. In addition, the project site is located near the Hilo International Airport and is subject to noise associated with air traffic. Although the project would slightly increase traffic in the area, it is not expected to generate significant levels of air pollutants as only discernible air quality would be associated with traffic to and from the site. The proposed development should not generate any direct air impacts. As the project itself is not expected to generate adverse air pollutants, the only air quality impact would be associated with vehicular traffic to and from the site. While the added traffic will have an impact to the ambient air quality, the impact should not be significant. This is due in part to the higher EPA standards for vehicular air emissions and the prevailing trade winds. There will be short-term noise impacts during the construction phase. To mitigate this impact, the development of this project will be limited to daylight hours and weekdays. Contractors will be required to comply with established State Department of Health guidelines and standards relating to noise and emission controls. Given the existing ambient noise and existing urban environment, the proposed request would not have a significant noise impact to surrounding properties. 6. Water and Coastal Resources The project site is located more then one mile from the coastline. Coastal impacts resulting from discharge or drainage systems from the site should not be significant. As a non-coastal property, no coastal access is required or will be affected. The area is currently serviced by the County of Hawaii sewer system and the proposed development will maintain connection to this system. This should further reduce potential adverse groundwater or nearshore water impacts resulting from this project. If needed, prior to the installation or use of any drywells on the site to address on-site drainage concerns, the appropriate UIC permit from the State will be secured 7. Scenic and Visual Consideration In the Natural Beauty element of the General Plan, there are sites - 6 - or areas listed as scenic resources. The properties are not listed as a scenic site. The property location provides for views of Mauna Kea in the mauka direction. 8. Cultural Resources In view of the Hawaii State Supreme Court's "PASH" and Ka Pa'akai 0 Ka'Aina decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated tradition and customary practices on this site. In this situation, the properties are not adjacent and/or proximate to the shoreline; as such, native gathering rights and coastal access is not an issue. Although the property is fully developed and has been used for residential purposes, the requirements of the Hawaii State Supreme Court's criteria in the Ka Pa'akai 0 Ka'aina case must be addressed. It is not known whether the properties or immediate area was used in the past for the gathering of plants by native Hawaiians. However, as the site has been cleared and improved with a dwelling, it would appear highly unlikely that the site would be used for gathering purposes. In the unlikely event that legitimate gathering claims are made by native Hawaiians, the Applicants intend to respect and honor such claims and provide the needed access to the project site. The project site is not listed on the Federal and State Register of Historic Sites or identified as a historic site in the County of Hawaii General Plan Historical Element. Since the site is fully developed with a single-family dwelling, there are no observable traditional and customary native Hawaiian practices being exercised on the site. As no valued cultural, historical or natural resources and no traditional and customary native Hawaiian rights were found or are practiced on the site, these rights will not be affected or impaired by the proposed use. There is no feasible action to be taken by the Windward Planning Commission other than to require that if in the future, any valued cultural, historical, natural resources and/or traditional and customary native Hawaiian rights are discovered on the project site, the applicant will report the discovery to the State of Hawaii, - 7 - Department of Land and Natural Resources, Historic Preservation Division for review. 9. Historic and Archaeological Resources Most of the historic sites of South Hilo have been destroyed by agriculture, urban growth, and natural changes in land forms. The properties are not among those listed as historic properties in the Hawaii State Register of Historic Places, have not been determined to be eligible for inclusion in the National Register of Historic Places, and is not profiled as a significant cultural and/or historic site in the General Plan within the South Hilo district. The applicant's consultants will request a letter of no effect from the State Department of Land and Natural Resources Historic Preservation Division (DLNR-HPD). If applicable, the applicant will file a Condition Assessment Report in compliance with Act 228, effective July 8, 2008, which require owners of buildings over fifty years old to submit archival-quality photographs to the DLNR prior to the issuance of a building permit. Although the property is not among those listed as historic properties in the Hawaii Sate Register of Historic Places, if, during the course of improving the site, should any unanticipated archaeological features or sites be uncovered, work will cease and the applicants will immediately notify the Planning Department. E. Infrastructure 1. Road The existing single in/out access will continue from Laukapu Street. Laukapu Street is a County-owned, 2-lane road with a right-of-way of 40 feet. As with other rezoning in this area, the applicant would be willing to provide its share of roadway improvements by foregoing 5 feet of its property fronting Laukapu Street. If necessary, a curb, gutter, and sidewalk section along the frontages of the subject site can be installed. 2. Utilities Essential utilities such as telephone and electrical services are currently available to the site - 8 - 3. Water County water is available to the site. If approved and if necessary, the applicant intends to secure the required water commitment from the Department of Water Supply. However, the applicant believes that the existing 5/8-inch meter yielding a maximum daily use of 600 gallons per day should be sufficient for the clinic. This is particularly so because of the absence of any kennel or overnight accommodation for the small animals. 4. Solid Waste Solid waste will be handled by commercial haulers who will dispose the refuse at the County landfill in Hilo. During the construction phase of this project, efforts will be taken to minimize disposal and waste will be discarded at approved disposal sites. 5. Wastewater The project site is serviced by a County sewer system. The applicant intends to maintain connection to this system. 6. Essential Services As this project area is already part of an urban area, services are available in close proximity to the site. Police and fire services are located less than two miles from the site. Hilo Medical Center is located approximately three miles from the project site. As the project is for a commercial use, it should have little or no direct impact to schools, parks and other related facilities. No extension of government services would be required, and existing facilities should be sufficient to accommodate the demand from this project. F. Environmental Assessment and Analysis RELATIONSHIP BETWEEN LOCAL SHORT-TERM USES OF THE ENVIRONMENT AND THE MAINTENANCE AND ENHANCEMENT OF LONG-TERM PRODUCTIVITY The short-term use of the subject site would most likely be the same as the current use as an unoccupied dwelling site. The use of the site will transition into commercial use upon approval of this application. This project should not result in any significantly adverse short or long- term impacts that cannot be properly mitigated. There will be direct and - 9 - indirect economic benefits resulting from the implementation of this project. The project will generate increased tax revenues that can supplement the State and County's fiscal resources. Due to its location, this project will provide a service that can be made reasonably accessible to the immediate neighborhoods and surrounding commercial and industrial areas. The required infrastructure, if necessary, will be implemented by the Applicants to mitigate potential impacts of this project. IRREVERSIBLE AND IRRETRIEVABLE COMMITMENT OF RESOURCES The project site has been extensively disturbed. As such, the commitment of natural or other resources such as botanical, avifaunal, and archaeological, would not appear to be significant. MITIGATIVE MEASURES The applicant intends to provide any required off and on-site infrastructure in conjunction with the development of this project. These may include an on-site drainage system, landscaping, road, water, and wastewater improvements, in conjunction with the permitting and permit implementation phases of this project. Off-site traffic-related improvements to Laukapu Street fronting the subject property will be provided, if necessary. Any inadvertent archaeological discoveries during any phase of the project will be reported to the Planning Department, and appropriate mitigation measures will be taken. Appropriate landscaping consistent with the Planning Department's Rule No. 17 will be incorporated on the project site. ALTERNATIVE TO THE PROPOSED PROJECT The property would remain in its present state. Under this scenario, the site would not be utilized to its highest and best use, as envisioned by the General Plan and the commercial and residential growth of the general area. An evaluation of the environmental impacts of all reasonable alternative actions, particularly those that might enhance environmental quality, avoid or reduce adverse environmental impacts, costs and risks, was performed to assess options that might enhance environmental quality and cause fewer detrimental effects. - 10 - NO ACTION ALTERNATIVE The "no action" alternative will result in no physical change to the property and the land will remain unaltered. The site would remain in its present state. Under this scenario, the site would not be utilized to its highest and best use, as envisioned by the General Plan and the commercial and residential growth of the general area. This alternative will not allow the objectives of the General Plan to be achieved and would deny the public the socio-economic benefits associated with the project. Under the "no action" alternative, no sources of income will be brought to the owner and consequently no increase in government revenues from higher property taxes will be realized. ALTERNATIVE USES The current zoning for the property is Residential 10,000 square feet (RS- 10). Under this alternative, based on the Ohana Dwelling provision of the Zoning Code, the subject parcel could support and additional dwelling. While that may be possible, long-term residential uses may not be desirable due to traffic noise on Kekuanaoa Street. Another alternative would be to utilize this site for a residential use. However, this would be inconsistent with the Industrial designation on the General Plan LUPAG map. As such, this option may be desirable, given the greater impact associated with potential industrial uses as proposed on the LUPAG map. The project, based on its location and proximity to other industrial and commercial uses, is better suited for long-term industrial/commercial use. EVALUATION OF ALTERNATIVES Leaving the property in its current state would not maximize the use of the land. The property may be used for residential purposes; however, Waiakea Houselots is transitioning to commercial and industrial uses. There would also be diminished tax revenues and commercial opportunities for landowners. The heavily traveled Kekuanaoa Street may not be ideal for residential purposes with regard to safety. Infrastructure improvements would not be constructed if the property is retained for residential purposes. The proposed rezoning would provide an opportunity for a veterinary clinic to better serve the community. - 11 - VII. REGULATORY ANALYSIS A. General Plan The General Plan provides for the long-range comprehensive development of the Island of Hawaii. It provides direction for balanced growth in the County. The LUPAG map designates the site as Industrial, a designation that allows the requested MCX-20 zoning. Accordingly, this request would be consistent with the LUPAG Map. The requested zoning would be consistent with the goals, policies and standards of the Economic and Land Use Elements of the General Plan. Specifically, the more pertinent ones follow: Economic Element Goals: • Provide residents with opportunities to improve their quality of life. • Economic development and improvement shall be in balance with the physical and social environments of the Island of Hawaii. • The County of Hawaii shall strive for diversity and stability in its economic system. • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. Economic Element Policies • The County shall strive for an economic climate which provides its residents an opportunity for choice of occupation. • The County shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. Land Use Element (Commercial) Goals • Provide for commercial developments that maximize convenience to it users. • Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. Land Use Element (Commercial) Policies • Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems. Should such services not be available, the development of more intensive uses should be in concert with a localized program of - 12 - public and private capital improvements to meet the expected increased needs. • Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. • The development of commercial facilities should be designed to fit into the locale with minimum intrusion while providing the desired services. Appropriate infrastructure and design controls shall be incorporated into the review of such development. Land Use Element Standards • Commercial development shall be located in areas adequately served by transportation, utilities, and amenities. Commercial developments shall provide for adequate internal circulation amongst commercial facilities in the area. • Off-street parking and loading facilities shall be provided. • Commercial development shall maintain or improve the quality of the present environment through the consideration of visual, access, landscaping, and other design elements in their development. • Preference shall be given to commercial lands with a reasonably level topography. Discussion and Conclusion If approved, the project would provide additional commercial opportunities in the Hilo area. Its location is ideal to service the community and is proximate to existing commercial and residential uses. All required infrastructure is in place and/or would require minimal modification. If development of infrastructure is required, it would be provided by the applicant without taxing government's servicing ability. The project site has limited on-site developmental constraints. Due to its prior residential use, archaeological, floral, or faunal concerns should be minimal or non-existent. There may be a potential for some endemic birds to visit this area. The development of this site would not remove an existing critical habitat. Furthermore, if there are inadvertent archaeological features discovered on the site, work will stop and the State DLNR and County Planning Department will be consulted before further activities occur within the affected area. Assuming this request is approved, the site will be used for commercial purposes. All structures and improvements would be developed consistent with the Zoning and Building Code. No variance from the Code is anticipated. - 13 - B. Hawaii State Plan Chapter 226, Hawaii Revised Statutes, outlines the long-range goals and policies of the Hawaii State Plan. The Plan is intended to serve as a guide for the growth and future long-range development of the State. The request is consistent with the following goals of the Plan: • A strong, viable economy characterized by stability, diversity, and growth that enables the fulfillment of the needs and expectations of Hawaii's present and future generation; • 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. The proposed project would achieve these goals and would provide both direct and indirect employment opportunities for current and future residents of the island; contribute to the island's overall tax base and increase both State and County revenues, and complement and support other economic uses. This, in turn, will contribute to the stability, diversity, and growth of local and regional economies. The employment opportunity would come without adversely affecting the environment. Impacts to the surrounding areas would not be significantly affected. All required infrastructure will be in place prior to occupancy of any portion of the project. The provision and/or retention of natural landscaped buffers around the perimeter of and selected portions within the project site would also help mitigate any adverse visual and noise impacts to neighboring residential properties. Impacts to the surrounding areas would also not be significant. All required infrastructure is in place, including traffic improvements, wastewater and potable water system. Any required improvements will be undertaken by the applicants at no cost to taxpayers. C. Hawaii Coastal Zone Management Program The objectives of the Hawaii Coastal Zone Management (CZM) Program are outlined in Chapter 205A, Hawaii Revised Statutes. The principal goal is to assure the protection and maintenance of the State's coastal resources. Although the entire State falls within the CZM area, the permitting process is geared for those areas proximate to the coast and identified by the County as the Special Management Area. The proposed project will not have any substantial adverse environmental or ecological - 14 - effect. Any effect that may result will be minimized to the extent practicable and will be clearly outweighed by public interest. The proposed development would be consistent with the objectives of the CZM program. Specifically, • The proposed project will not have any substantial adverse environmental or ecological effect. • The proposed project would be consistent with the objectives of the CZM program, specifically: • There would be no impact to the area's recreational resources. The property is not an oceanfront property; • Because of the property's historical residential use, the project site should not have any remaining historical resources; • The Project will not affect any scenic and open space resources; • The coastal ecosystem will not be impacted; • There will be more employment opportunities, and furthering the economic use of the site; • The site is more than a mile from the shoreline and there would be no coastal hazard or beach erosion or marine resource impacts; • Public participation will be achieved through the hearings on this request. Thus, the proposed development would be consistent with the State Land Use Laws and Regulations, County General Plan, Hawaii County Zoning Code, and other appropriate regulatory rules. D. Hilo Community Development Plan As noted earlier, the Hilo CDP was adopted in 1975 by the Planning Commission to serve as a guide to the General Plan. Although the site is designated RS-10, many changes have occurred over the past 25 years, making many of the planning assumptions obsolete. E. Zoning If the request is approved, all requirements relative to height, setback, landscaping, and parking, and the like would be complied with. While no variances from the Code are anticipated, it should be noted that the minimum lot size for the MCX zone is 20,000. In this case, while the proposed site would be less than the minimum area of 20,000 square feet, it is maintained that the minimum area is related more to the creation of lots in this zone, which the applicant has no intention to. It should also be noted that the General Plan LUPAG designation designates this area Industrial, making essentially residential uses non-conforming. - 15 - Commercial zoning that would allow smaller lots such as 7,500 to 10,000 square feet is not allowed for this site because of the General Plan Industrial designation. . - 16 - DEPARTMENT OF PUBLIC WORKS , COUNTY OF HAWAII HILO, HAWAII DATE: March 28, 2012 NeM044adeiat TO: BJ Leithead Todd, Planning Director FROM: 4/A-- De p artment of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 12-000152) Applicant: Boyd F. Castro, D.V.M. Request: RS-10 to MCX-20 Tax Map Key: 2-2-35: 003 We have reviewed the subject application forwarded by your memo dated March 13, 2012 and offer the following comments for your consideration. All development-generated runoff shall be disposed of on site and not directed toward any adjacent properties. A drainage plan may be required by the Plan Approval process (Planning Department) in accordance with Section 25-2-72(3)of the Hawaii County Code. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain. The Zoning Map (Ordinance No. 187) classifies Laukapu Street as a collector with an existing right-of-way width of 40 feet fronting the subject parcel. Based on the proposed zoning,we recommend the applicant provide improvements to the subject property's entire Laukapu Street frontage consisting of, but not limited to,pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting the requirements of the Americans with Disabilities Act and the approval of the Department of Public Works. The improvements shall be located within the future road widening setback as established by the Planning Department. 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. Planning Dept. Questions may be referred to Kelly Gomes at ext. 8327. Exhibit .2-- 0T769 ( County of Hawaii is an Equal Opportunity Provider and Employer • William P.Kenoi +: ^? �. Harry S.Kubojiri Mayor .. ;# `� � � •i Police Chief ;Te OF HF•' Paul K.Ferreira Deputy Police Chief County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street • Hilo,Hawaii 96720-3998 (808)935-3311 • Fax(808)961-8865 April 2, 2012 TO : BJ LEIT D TODD PLANNING DIRECTOR FROM : HaN Y , TAVA E SSISTANT POLICE CHIEF ARE I PERATI SUBJECT: CHANGE OF ZONE APPLICATION (REZ 12-000152) APPLICANT: BOYD F. CASTRO, D.V.M. REQUEST: RS-10 TO MCX-20 TAX MAP KEY: 2-2-035:003 Staff, upon reviewing the provided documents and visiting the proposed site, does not anticipate any significant impact to traffic and/or public safety concerns. Thank you for allowing us the opportunity to comment. If you have any questions, please contact Captain Robert Wagner of our S. Hilo Patrol Division at 961-2214. • RW:Ili 120177 Planning Dept. Exhibit 3 077893 "Hawaii County is an Equal Opportunity Provider and Employer" William P. Kenoi :: ° 1'; Darren J. Rosario Mayor �," 7' Fire Chief w ? lI Ilii�gR Of NPR'' Renwick-J.Victorino , Deputy Fire Chief County of K9ainat HAWAII FIRE DEPARTMENT 25 Aupuni Street • Room 2501• Hilo,Hawaii 96720 (808)932-2900 • Fax(808)932-2928 March 19, 2012 TO : BJ LEITHEAD TODD, PLANNING DIRECTOR FROM : DARREN J. ROSARIO, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION(REZ 12-000152) APPLICANTS: BOYD F. CASTRO, D.V.M. PROPOSAL: RS-10 to MCX-20 TAX MAP KEY: 2-2-035:003 We have no comments to offer at this time in reference to the above-mentioned Change of Zone application. DARREN J. ROSARIO Fire Chief KT:lpc Planning Dept. r^ 0 `7'7 5 9 Exhibit Hawaii County is an Equal �i 11 ty q Opportunity Provider and Employer. t William P.Kenoi A - `'/, '4;' Dora Beck,P.E. Mayor M_ Acting Director • William T.Takaba -j Lt •+*'/ Hunter Bishop Managing Director Deputy Director COUnfil Aaillat DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo,Hawaii 96720 (808)961-8083 Fax(808)961-8086 http://co.hawaii.hi.us'directory/dir envmng.htm MEMORANDUM Date : March 15,2012 To : BJ LEITHEAD TODD,Planning Director From: DORA BECK,P.E.,Acting Director Subject: Change of Zone Application(REZ 12-000152) Applicant:Boyd F.Castro,D.V.M. Request:RS-10 to MCX-20 TMK: 2-2-035:003 The Solid Waste Division has reviewed the subject application and offers the following recommendations (Please note Wastewater Division's comments will submitted separately): DEPARTMENT COMMENTS: ( ) Wastewater Division had no comment as this area is not a sewered and there are no immediate plans for sewering of the area. ( ) Other SOLID WASTE COMMENTS: (Contact Solid Waste Division for details.) ()C) No comments ( ) Commercial operations,State and Federal agencies,religious entities and non-profit organizations may not use transfer stations for disposal. ( ) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. ( ) Ample and equal room should be provided for rubbish and recycling. ( ) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer stations,or other suitable diversion programs. ( ) Construction and demolition waste is prohibited at all County Transfer Stations. ( ) Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( ) Other: Planning Dept. County of Hawaii is an Equal Opportunity Provider and Employer. Exhibit 5 William P.Kenoi :1+ 4{ . ,..�- Dora Beck,P.E. Mayor ` "s'r Acting Director William T.Takaba _ r 1. '' •,i�+'_ Hunter Bishop Managing Director L " r Deputy Director County of Hawai`i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo,Hawaii 96720 (808)961-8083•Fax(808)961-8086 http://co.hawaii.hi.us/directory/dir envmng.htm MEMORANDUM Date : March 16,2012 To : BJ LEITHEAD TODD,Planning Director From: DORA BECK,P.E.,Acting Director Subject: Change of Zone Application(REZ 12-000152) Applicant:Boyd F.Castro,D.V.M. Request: RS-10 to MCX-20 TMK:2-2-035:003 The Wastewater Division has reviewed the subject application and offers the following recommendations (please note Solid Waste Division comments will be submitted separately): DEPARTMENT COMMENTS: WASTEWATER COMMENTS: (Contact Wastewater Division for details.) ( ) No comments ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawai'i County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii County Code.Complete Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. ( ) Check or line out as applicable: [ ] If required by the Director of the Department of Environmental Management("Director of DEM"), [ ] applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require,which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. (X) Other: The property is currently connected to the County sewer system via a sewer lateral on Laukapu St. Information available to the WWD also indicates that the property in the rear(TMK 2- 2-035:088)is connected to the County sewer and may be connected via TM 2-2-035:003. Access to sewer for TMK 2-2-035:088 needs to be maintained and a sewer cleanout for TMK 2-2-035:003 at the property line will be required,if not already installed. _ County of Hawaii is an Equal Opportunity Provider and Employ.. 7 7 6 3 7 NEIL ABERCROMBIE F LORETTA J.FUDDY,A.C.S.W.,M.P.H. GOVERNOR - W • 6 �� �o s9 Director of Health L • STATE OF HAWAII DEPARTMENT OF HEALTH P.O.BOX 916 HILO,HAWAII 96721-0916 MEMORANDUM DATE: March 23, 2012 TO: Bobby Jean Leithead Todd Planning Director, County of Hawaii FROM: Newton Inouye ) - District Environmental Health Program Chief SUBJECT: Change of Zone Application(REZ 12-000152) Applicant: Boyd F. Castro, D.V.M. Request: RS-10 to MCX-20 Tax Map Key: 2-2-035:003 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/environmental/env-planning/landuse/landuse.html. Any comments specifically applicable to this project should be adhered to. The same website also features a Healthy Community Design Smart Growth Checklist (Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State Department of Health. The BEWG recommends that state and county planning departments, .......,.. ... developers, planners, engineers and other interested parties apply the healthy built environment principles in the Checklist when r the , lan revi w new developments or redevelopments lanr ibg Dept. Exhibit 6 077686 r Ba BJ Leithead Todd March 23, 2012 Page 2 of 2 projects. We also ask you to share this list with others to increase community awareness on healthy community design. WORD:REZ 12-000152.my WILLIAM J.AILA,JR. NEIL ABERCR(SMBIE 7 s o E H - CHAIRPERSON t 41j. BOARD OF LAND AND NATURAL RESOURCES GOVERNOR OF HAWAII V g r, •.0•. y4" I` [ COMMISSION ON WATER RE'SOURC.EiiANAGER.4?li e ..,_._� - a ``. {`'�r 1'!f 14 GUY H.KAULUKUKUI and and $':{ ( `' 4t4. 1 �. f FIRSCDEPUTY WILLIAM M.TAM ! 3 P 1 2: 4 L DEPUTY DIRECTOR-WATER ' • ; ,., i 7 AQUATIC RESOURCES � , -••••••~ e 0-;r 'II• v^^i a BOATING AND OCEAN RECREATION - BUREAU OF CONVEYANCES '` COMMISSION ON WATER RESOURCE MANAOENQ]IJ CONSERVATION AND COASTAL LANDS STATE OF HAWAII CONSERVATION AND RESOURCES ENFORCEMENT �.:. ENGINEERING FORESTRY AND WILDLIFE S4teof1-100 DEPARTMENT OF LAND AND NATURAL RESOURCES HISTORIC PRESERVATION hAHOOLAWE ISLAND RESERVE COMMISSION HISTORIC PRESERVATION DIVISION STAN PE" ARKS KAHUHIHEWA BUILDING 601 KAMOKILA BLVD,KAPOLEI HI 96707 DATE: March 6,2012 LOG: 2012.0402 DOC: 1203MG10 TO: Sidney Fuke 100 Pauahi Street Suite 212 Hilo, HE 96720 SUBJECT: Section 6E-42 Historic Preservation Review Project: Rezoning to allow residence to convert to commercial use. Owner: Boyd F. Castro DVM Permit#: None Submitted Location: 585 Laukapu Street-Hilo Tax Map Key: (3)2-2-035:003 This letter is in response to a request for comment dated February 10, 2012 and received by the State Historic Preservation Division(SHPD)on February 16,2012. The request is in regard to the proposed change of zoning for the parcel at 585 Laukapu Street in Hilo on the island of Hawaii.The change of use would allow a single family dwelling to be converted into a veterinarian's office. The structure has a hip metal roof with gablets and wood cladding.The Area of Potential Effect(APE)for this project is the parcel. County of Hawaii records indicate that the structure was constructed in 1928. The building is a Hawaiian style bungalow dwelling. The house is in good condition and maintains good integrity. Given its integrity,this house could be eligible for the State Register of Historic Places. Future work on this property will require more information for a determination by SI-IPD. No other materials were included with the request for response. SHPD staff found an image of the house using Google Streets. Based on this information SHPD determines that the change of use on this parcel does not adversely affect a historic property. It should be made abundantly clear that this determination pertains only to the change of use.Any future work on this property that requires a building permit will also require SHPD review and comment. The County of Hawaii should forward all building permits for this property and any property over 50 years old. Any questions should be addressed to Mike Gushard, SHPD Architectural Historian,at(808)692-8026 or michael.j.gushard@hawaii.gov. Mahalo for the opportunity to comment, a SCANNED.., � MAR 122f,f;, Angie Westfall Planning Dept B O 7 7 3 3y1 Architecture Branch Chief; Hawaii Historic Preservation Division 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 t�Yd._F�h q 4 be protected from additional disturbance, and the State Historic Preservation Division should be contacted immediately at(808)692-8015. CC: Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo,HI 96720 FAX: (808)961-8742 Planning Department County of Hawaii 74-5044 Ane Keohokalole Highway,Bldg E, Kailua-Kona,HI 96740 FAX: (808)327-3563 . ' MA, NEIL AlKRCROAWA r : w WILUAW.MLA,AL .. •� a 7r At 110MM OI UNAANINAN W pCIA f<INNSKIIRIN WANt14AU 111 MMNUNMIN I ond and STATE OF HAWAII (1�� DEPARTMENT OF LAND AND NATURAL RESOURCES r LAND DIVISION �� '�_;1 POST OFFICE BOX 621 HONOLULU,HAWAII 96809 April 10,2012 County of Hawaii Planning Department Attention: Mr. Jeff Darrow via email: jdarrow(co.hawaii.hi.us 101 Pauahi Street,Suite 3 Hilo,Hawaii 96720 Dear Mr.Darrow: SUBJECT: Change of Zone Application (REZ 12-000152), Boyd F. Castro, Applicant, Waiakea Houselots, South Hilo, Hawaii; TMK: (3) 2-2- 035:003 Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources' (DLNR) Land Division distributed or made available a copy of your report pertaining to the subject matter to DLNR Divisions for their review and comments. At this time, enclosed are comments from (1) the Engineering Division, and (2) the Hawaii District Land Office on the subject matter. Should you have any questions, please feel free to call Kevin Moore at 587-0426. Thank you. Sincerely, Russell Y.Tsuji Land Administrator Enclosure(s) Planning Dept. 077928 Exhibit g , i N .AltiRCROPMEIS OOVIINORO IMWAr :.":, WILUAMLAILA, L ,Ilt�+ _aw in��s� smow= r old and r.. STATE OF HAWAII • �'ir, DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 444•64.00% HONOLULU,HAWAII 96809 2:w 0 March 21,2012 o�nr--, _zip, MEMORANDUM ado D EAo TO: DLNR Agencies: r"*Is° '72—• Div.of Aquatic Resources Div.of Boating&Ocean Recreation XEngineering Division Div.of Forestry&Wildlife Div.of State Parks Commission on Water Resource Management Office of Conservation&Coastal Lands Land Division—Hawaii District X Historic Preservation 4,1 Y.Tsuji,Land Administrator SUBJECT: nge of Zone Application(REZ 12-000152) LOCATION: Waiakea Houselots,South Hilo,Hawaii;TMK: (3)2-2-035:003 APPLICANT: Boyd F.Castro,D.V.M. Transmitted for your review and comment on the above referenced document. We would appreciate your comments on this document. Please submit any comments by April 8,2012. If no response is received by this date,we will assume your agency has no comments. If you have any questions about this request,please contact Kevin Moore at 587-0426. Thank you. Attachments ( ) We have no objections. ( ) We have no comments. ( I) ants are attached. Signed: 4 f Date: ,QJ1I4 cc: Central Files • DEPARTMENT OF LAND AND NATURAL RESOL'ItO :S ' '' ''^. 0 ENGINEERING DIVISION I,D/KevinMoore REF.:ChungeZoneWaiaken I louseiots Ilawail.552 COMMENTS (X) We confirm that the project site,according to the Flood Insurance Rate Map(FIRM), is located in Zone X. The National Flood Insurance Program does not have any regulations for developments within Zone X () Please take note that the project site,according to the Flood Insurance Rate Map(F1RM).is located in Zone . () Please note that the correct Flood Zone Designation for the project site according to the Flood Insurance Rate Map(FIRM)is . () Please note that the project must comply with the rules and regulations of the National Flood Insurance Program(NFIP)presented in Title 44 of the Code of Federal Regulations(44CFR), whenever development within a Special Flood Hazard Area is undertaken. If there arc any questions,please contact the State NFIP Coordinator,Ms.Carol Tyau-Beam,of the Department of Land and Natural Resources,Engineering Division at(808)587-0267. Please be advised that 44CFR indicates the minimum standards set forth by the NFIP. Your Community's local flood ordinance may prove to be more restrictive and thus take precedence over the minimum NFIP standards. If there are questions regarding the local flood ordinances, please contact the applicable County NFIP Coordinators below: () Mr, Mario Siu Li at(808)768-8098 or Ms.Ardis Shaw-Kim at (808)768-8296 of the City and County of Honolulu,Department of Planning and Permitting.. () Mr.Frank DeMarco at(808)961-8042 of the County of Hawaii.Department of Public Works. () Mr. Francis Cerizo at(808)270-7771 of the County of Maui,Department of Planning. () Ms.Wynne Ushigome at(808)241-4890 of the County of Kauai,Department of Public Works. () The applicant should include water demands and infrastructure required to meet project needs. Please note that projects within State lands requiring water service from the Honolulu Board of Water Supply system will be required to pay a resource development charge,in addition to Water Facilities Charges for transmission and daily storage. () he applicant should provide the water demands and calculations to the Engineering Division so it can be included in the State Water Projects Plan Update () Additional Comments: () Other. Should you have any questions,please call Ms.Sucre S.Agraan of the Planning Branch at 587-0258. Signed: (7) I CAj�1�'lI N -,CIIII'•F ENGINEER Date: -5 &j/v emu. t. • GOVERNOR OrslAWAii t'1-'37 imappruiessosAlUita f�s'i roarinmar WARM amunsmamma -4∎1- 1011 STATE OF HAWAII MAR 23 P 12= 0 1 � ., DEPARTMENT OF LAND AND NATURAL.RESOURCES LAND DIVISION RECEIVED \`1 HIND DIVISION 10� HONOLLLU HAWAII BOX X96809 0. HAWAII March 21,2012 MEMORANDUM TO: DLNR Agencies: Div.of Aquatic Resources Div.of Boating&Ocean Recreation Na X Engineering Division 1.=.13 z Div.of Forestry&Wildlife -1,-1 23 Div.of State Parks �oG car -n w Commission on Water Resource Management xv,b ° << Office of Conservation&Coastal Lands >°c c D in m ,XLand Division-Hawaii District ac-) R, ,Q z X Historic Preservation vs FROM: , li Y.Tsuji,Land Administrator SUBJECT: Change of Zone Application(REZ 12-000152) LOCATION: Waiakea Houselots,South Hilo,Hawaii;TMK: (3)2-2-035:003 APPLICANT: Boyd F.Castro,D.V.M. Transmitted for your review and comment on the above referenced document. We would appreciate your comments on this document. Please submit any comments by April 8,2012. If no response is received by this date,we will assume your agency has no comments. If you have any questions about this request,please contact Kevin Moore at 587-0426. Thank you. Attachments (4 We have no objections. ( ) We have no comments. ( V) Comments are attached. Signed. Date: 3./ cc: Central Files LL • wILUAiI J.A6.A.M. NEU.AUPJK.7 ON/I L •— II PA .. .* JC MMIAW)IM1111A110JWY1ECtl Gomm'Of M A W A I - elb8MMMIM/NWA11 I t MAWR MI IR STATE OF HAWAII - , DEPARTMENT OF LAND AND NATURAL.RESOURCES — — LAND DIVISION 75 Aaron Street,Room 204 AifIeart-M 4 Hilo,Hawaii 96720 PHONE:(808)961-9590 FAX:(808)9619599 March 28, 2012 MEMORANDUM TO: Russell Y.Tsuji,Administrator FROM: Gordon . rt,Hawaii District Land Agent SUBJECT: Zone Change Application(REZ 12-000152) Application for County of Hawaii Rezoning(RS-10 to MCX-20) LOCATION: Waiakea Houselots,South Hilo,Hawaii,TMK:(3)2-2-35:03 APPLICANT:Boyd F.Castro,D.M.V. The Hawaii District Land Office has no objection to the proposed rezoning application for the subject project. Please contact me should you have any questions. . SidneyFuke, Planning Consultant Al100 Pauahi Street,Suite 212•Hilo,Hawaii 96720. `t. :.!':i. `" ` ' " T •Warming•variance•Zoning Telephone:(808)969-1522•Fax:(808)969-7996 . °. •Subdivision-Land Use Permits E-mail:sidfuke®hawaiiantel.net •Environmental Reports April 13,201217 r7r t 6 NI !: 07 Ms.BJ Leithead Todd, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo,HI 96720 Dear Ms. Leithead Todd: Subject: Rezoning Application(REZ 12-000152) Boyd F.Castro,D.V.M. TMK: 2-2-35: 003 Thank you for providing me with a copy of agency comments to date regarding the subject application. In response to these comments,we provide the following: a. The Department of Land and Natural Resources,Historic Preservation Division, provided you with a copy of its letter to this office,dated March 6,2012. In its comments,said agency noted that"the change of use on this parcel does not adversely affect a historic property." b. The Fire Department had no comments or objections to the request. c. The applicant will comply with appropriate noise and dust control measures as may be required by the Department of Health during the construction and use phases of this project. d. Relative to the Department of Public Work's comments,the requirement of containing all project-generated water on-site will be complied with. The tentative plan includes the installation of drywells for the proposed parking area. Likewise,all appropriate traffic control devices and street lights will be installed in conjunction with the development of this project. As with the adjoining properties to the south,the applicant is aware that a 5-foot wide future road widening strip fronting the site's Laukapu Street frontage will have to eventually be relinquished to the County. Further,taking into account the 5-foot wide future road widening strip,a concrete curb, gutter,and sidewalk section fronting the site's Laukapu Street frontage will also eventually have to be installed. Inasmuch as the applicant intends to merely renovate the existing structure for its proposed clinic,it would appreciate consideration in having the major improvements deferred if possible. Planning Dept. 077981 Exhibit 7 Ms. BJ Leithead Todd, Director April 13,2012 Page 2 We trust that the above adequately responded to the comments to date. If not or if there are further questions or comments on this matter,please let me know. Thank you very much. Sincerely, SIDNE M. KE Planning Consultant Copy—Boyd F. Castro via email SidneyFuke, Planning Consultant 100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 Planning-Variance•Zoning Telephone:(808)969-1522•Fax:(808)969-7996 Subdivision••Land Use Permits• E-mail:sidfuke@hawaiiantel.net •Environmental Reports April 17 2012 Ms.BJ Leithead Todd,Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Ms. Leithead Todd: Subject: Rezoning Application(REZ 12-000152) Boyd F. Castro,D.V.M. TMK: 2-2-35: 003 Thank you for providing me with a copy of additional agency comments to date regarding the subject application. In response to these comments,we provide the following: a. Aside from reconfirming the property's FIRM designations,various divisions within the Department of Land and Natural Resources had no further comments or objections to the request. b. The Police Department"does not anticipate any significant traffic and/or public safety concerns." We trust that the above adequately responded to the comments to date. If not or if there are further questions or comments on this matter,please let me know. Thank you very much. Sincerely, ti '''''\,\A-N,--- , SIDNEY M. FUKE Planning Consultant Copy—Boyd F. Castro via email. Comm. 729/Bill 259 RCastroDVMREZ.doc-4/23/12 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION BOYD F. CASTRO,D.V.M. CHANGE OF ZONE APPLICATION (REZ 12-000152) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation of the Change of Zone request be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting a change of zone from Single-Family Residential 10,000 square feet(RS-10)to Industrial-Commercial Mixed 20,000 square feet(MCX- 20)to allow a veterinary hospital/clinic on the subject site. The clinic will cater only to small animals. The applicant plans to renovate the single-family dwelling on the subject property and relocate his veterinary practice currently located at 711 Kanoelehua Avenue. The clinic will operate as an"out-patient"facility, and there will be no overnight stays. The hours of operation will be from 8:30 a.m.to 5:00 p.m. Monday through Friday, and occasionally on Saturdays. Parking will be provided on-site. In order to consider an area for any type of zoning designation,the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must 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 10,000 square feet(RS-10)to the Industrial-Commercial Mixed (MCX-20)zoned district will conform to the goals,policies and standards of the General Plan Economic and Land Use Elements. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The request conforms to the goals,policies and standards of the General Plan in that the proposed project will be developed in an area adequately served by necessary services such as water, utilities, sewers and transportation systems. The request conforms to the Land Use - Industrial sub-element which states that "Industrial development shall be located in areas adequately served by transportation, utilities and other amenities." The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The project area is designated Industrial on the LUPAG Map. This industrial designation includes uses such as manufacturing and processing, wholesaling, large storage and transportation facilities and light industrial uses. The MCX zoning would be consistent with the LUPAG Map designation for this area of Hilo. The State Land Use designation and the Land Study Bureau's Productivity Rating for the project site is Urban. The Hilo Community Development Plan(CDP) adopted in 1975 suggests the retention of residential uses in this area. However,this area is transitioning to commercial and light industrial uses. The advantage of this area is its close proximity to water, air transportation terminals, harbor facilities, commercial and residential population of Hilo. The proposed change of zone would complement the existing industrial and commercial land uses that already exist in this area and will provide for an orderly development of the area. -2- The MCX zoning designation was created when the Zoning Code was amended in 1996. In accordance with Section 25-5-130,Hawai`i County Zoning Code, this district would allow a mix of light industrial and commercial uses. The intent is to provide for areas of diversified businesses and employment opportunities by permitting a broad range of uses, without exposing non-industrial uses to unsafe and unhealthy environments. The project site is a rectangular shaped parcel improved with a vacant, single- story dwelling constructed in 1963. The dwelling is proposed to be converted into the clinic. Fronting the property is a rock wall approximately two to three feet in height. The land uses in the immediate area are a mix of commercial, industrial and residential uses. Immediately adjacent properties are zoned RS-10 and in single-family residential uses. Commercial and/or industrial uses include Big Island Candies (zoned General Commercial) located directly across Laukapu Street to the west. The Atebara Potato Chip factory, quilt shop,various office uses, a church and the IEG Federal Credit Union are located in close proximity to the site. All utilities and services are available to the site. Access will be from Laukapu Street, fronting the property. The applicant is willing to provide their share of roadway improvements by foregoing five feet of the project site fronting Laukapu Street. Laukapu Street is classified as a collector with an existing right-of-way of 40 feet. The Department of Public Works (DPW)recommends full improvements to the entire frontage along Kekuanaoa Street and Laukapu Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk along with any utility relocation. A condition of this recommendation will require a 5-foot road widening along the property's Laukapu Street frontage to be dedicated to the County along with curb, gutter and sidewalk improvements, similar to other rezonings in the immediate area. County water is available to the site. The project will connect to the County's sewer line. Solid waste will be handled by commercial haulers. If required, a Solid Waste Management Plan will be prepared. Electricity and telephone services are available to the site. The project site has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The property is located within -3- Zone "X", areas determined to be outside the 500-year floodplain. All development generated storm run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. As the property is developed, no professional archaeological survey was conducted of the site. By letter dated February 10, 2012, the applicant requested a letter of no effect from the DLNR Historic Properties Division(HPD). The DLNR-HPD has responded that no historic properties will be affected by this rezoning. The applicant has stated that should any archaeological features or sites be discovered during the development of this project,work will immediately cease and the Planning Department will be notified. No professional flora or fauna surveys were conducted, as the applicant does not believe that rare or endangered floral or faunal resources are on the improved site. The property is located in an urban setting close to existing industrial and commercial uses and fully developed with a single-family dwelling. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is located more than one mile from the shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the properties. According to the applicant, no valued cultural,historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Therefore, no action is necessary to protect these rights. Based on the above fmdings, approval of this change of zone request from a Single-Family Residential(RS-10) to an Industrial-Commercial Mixed (MCX-20) district would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map), 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. -4- COUNTY OF HAWAII 4 'v "'•' STATE OF HAWAII BILL NO. ORDINANCE NO. (P/ai1/2(',) AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI`I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO INDUSTRIAL-COMMERCIAL MIXED—20,000 SQUARE FEET(MCX-20)AT WAIAKEA, SOUTH HILO, HAWAII,COVERED BY TAX MAP KEY 2-2-035:003. 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 Industrial-Commercial Mixed—20,000 square feet(MCX-20): Beginning at the northeast corner of this parcel of land and on the south boundary of Lot 9,Block 22, Waiakea House Lots,First Series,the coordinates of said point of beginning referred to Government Survey Triangulation Station"Halai"being 1463.00 feet south and 102660.70 feet east, and running by azimuths measured clockwise from true south: 1. 360° 00' 88.00 feet; 2. 90° 00' 139.70 feet; 3. 180° 00' 88.00 feet along the east side of Laukapu Street; 4. 270° 00' 139.70 feet along the south side of Lot 9, Block 22 to the point of beginning containing an area of 12,294 square feet, more or less, or thereabouts. -1- • 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 HAWAI`I , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- CCastroDVMREZ.doc-4/23/12 BOYD F. CASTRO,D.V.M. CHANGE OF ZONE APPLICATION(REZ 12-000152) CONDITIONS OF APPROVAL A. The applicant(s), its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, and a water commitment deposit in accordance with the "Water Commitment Guidelines Policy"to the Department of Water Supply within 180 days from the effective date of this ordinance. C. The applicant shall install a reduced pressure type backflow prevention assembly within five (5) feet of the water meter on private property,which must be inspected and approved by the Department of Water Supply. D. Plans for the commercial development and use of the property shall be submitted for Plan approval from the Planning Director prior to the issuance of a building permit for any commercial structure. Plans shall identify all existing and/or proposed structures,paved driveway access and parking stalls associated with the proposed use. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements), Chapter 25 (Zoning Code), Hawai`i County Code. E. Access to the project site from Laukapu Street shall meet with the approval of the Department of Public Works. The driveway connection to Laukapu Street shall conform to Chapter 22 (County Streets)of the Hawai`i County Code. F. A five-foot wide future road widening strip along the Laukapu Street frontage shall be subdivided and dedicated to the County within five (5)years from the effective date of this ordinance. G. The applicant shall provide improvements to the project's frontage along Laukapu Street consisting of, but not limited to,pavement widening with concrete curb, gutter and sidewalk, drainage improvements and any required utility relocation, meeting the approval of the Department of Public Works. The improvements shall be located within the future road widening setback and constructed prior to the dedication to the County. H. If required by the Traffic Division, Department of Public Works, streetlights and traffic control devices, shall be installed. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. If required, a drainage study shall be prepared and submitted to the Department of Public Works prior to the issuance of Final Plan Approval. Any drainage improvements, if required, shall be constructed,meeting the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. J. The project shall connect to the existing County sewerline prior to the issuance of a Certificate of Occupancy. K. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of Final Plan Approval. L. Should any remains of historic sites, such as rock walls,terraces,platforms, marine shell concentrations or human burials be encountered,work in the immediate area shall cease and the Department of Land and Natural Resources- State Historic Preservation Division(DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR- HPD when it finds that sufficient mitigation measures have been taken. 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. The applicants shall comply with all County, State and Federal laws,rules, regulations and requirements. -2- 0. 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 applicant(s) should require an additional extension of time, the Planning Department shall submit the applicants' 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 area to its original or more appropriate designation. -3- R5-10 55110 RS-10 K5-10 R5�0 ML-20 R5-10 K5-10 R5-10 RS-10 R5-10 RS-10 MCX-20 RS-10 RS-10 RS-10 R5-10 RS-10 RS 10 CG 20 I- CO rn a. o R.5-10 1,462 00's R5 10 J R5-10 SINGLE-FAMILY RESIDENTIAL- fOZH60.7a E Q 10,000 SQFT(RS-10) ,it 'P' Y TO INDUSTRIAL-COMMERCIAL MIXED- - 20,000 SQFT(MCX-20) 12,294 SQFT TOTAL R5-10 R5-10 RS-10 N z CG-20 I r RSI-10 RS 10 R5-10 CG-20 CG-20 RS-10 CG-20 MCX 20 MCX-20 R5-10 R5-10 KEKUANAO'A ST RS-10 RS-10 RS-10 CN-10 ON-10 KS-10 RS-10 R5-10 RS-10 R5-10 Ks-1e R5-10 RS-10 R5-10 125-10 R5-10 RS-10 R5-10 R5-10 K5-10 Feet 0 125 250 500 750 1,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL - 10,000 SQFT (RS-10) TO INDUSTRIAL-COMMERCIAL MIXED- 20,000 SOFT (MCX-20), AT WAIAKEA, SOUTH HILO, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK:(3)2-2-035:003 DATE:MAR 07,2012 EXHIBIT"A" Boyd F.Castro,DVM F,1 n 1 Z')) N gni rmi LA N O Z O MI mmig a o CC o N O CQ a� la; cy cNi 1111 m 7 L :1:::!!!!fr;;;':''-',' "St ,a� fl ______ , Plttik 7:44144. i \ _La V1,JJi 1N V I V)1 1.._._. 71 O lV _ — a _ Z i y _ . a x 1 ... v H IiP I IS fl c3 )4i lm '� _ I 0 P — ON ling 1 3 4 13 OWN Ili CU a L) L) o 1- -- ilnd 1 61 ai - 1 1 .../ . ca L ______, : , : : , , , iiii: r I . .. , r, T11 IIMMITIMMTIMMIIII 1 . . .---- 1 - , ---, F- , I I / , I ----- IS vIfit INV1 A LL, _ _ - _j I I ,--- H f- -1 I= MEM I 1----.1 03 73 = . en = Ts ..... en c 1=1 Ca " -. ....„-- . is neArri CD . ..,.,,,,._..,..„,„ .,,,. .. ,,, , . • . ell I i I la i , 1 Cel ------1 I 40 CP 1...; v, , 1 NE I 2 a DI 1 a - I 1 i!1 I CO 1 1 1 I - - , , = ______J .... ._._ IT T ._. 1 ------1----'l = 1 1 1 1 1 1 ' i 1 1 1 1 i , 1 1 al L______ GM , , I Cli _ 1 1 I I I 14 GD , ------i . -- 1- . ..--- 1 1 I i ifr. . 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